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HomeMy WebLinkAboutGas Well presentationTown of Westlake Proposed Gas Drilling and Production Ordinance Workshop October 6, 2008 Guiding Principals Staff is not seeking a commitment from the Board on these issues, rather a general consensus that the Board is willing to consider an ordinance containing these key provisions as outlined at this time. Following citizen feedback and continued staff research, the Board will be presented a draft ordinance for consideration and approval. Some changes could still be made at that time if the Board were to incorporate the changes into their motion for approval. If new information comes to light that might merit a reconsideration of any of these positions, staff will include that information in the staff report accompanying the proposed ordinance. 2 Topics of Discussion •Setbacks •Water •Roadway usage •Permit approval process •Screening / Landscaping •Sound limitations 3 Definitions •Gas Well Pad Site - The area used for all operational activities associated with gas drilling and production. •Drill Zone - The area within an approved Gas Well Pad Site designated to drilling well bores. •Gas Well production Site – The area designated for containment of all equipment and activities associated with gas production and well maintenance. •Protected use – Dwelling, commercial building, school or public park. 4 Setbacks Comparison to neighboring cities: Minimum distance of a wellbore (the open hole at the drill site) from a protected use. Municipality Standard Minimum Keller 500 feet City Council can decrease; no minimum listed* Roanoke 1000 feet 500 feet Fort Worth 600 feet 200 feet Southlake 1000 feet City Council can decrease; no minimum listed* Trophy Club 1000 feet ** 250 feet ** Argyle 500 feet 250 feet Westlake 600 feet 300 feet *The Texas Local Government Code imposes a 200 feet minimum. ** Measured to the property line instead of the structure. 5 Setbacks - discussion points Distance from drill zone to protected use •Why not just adopt the greatest setback that any of our neighboring cities are using? •The purpose of setbacks – safety and quality of life or nuisance mitigation. •Unintended consequences of larger setback requirements. 6 Examples of setback impacts on developable property •1000 foot 1000 + 1000 + 100 = 2100; 2100 X 2100 = 4,410,000 / 43560 = 101.24 acres •600 foot 600 + 600 + 100 = 1300; 1300 X 1300 = 1,690,000 / 43560 = 38.8 acres •300 foot 300 + 300 + 100 = 700; 700 X 700 = 490000 / 43560 = 11.25 acres Formula: h*w/ 43560 = acres, where: h= The setback from one side added to the setback for the opposite side plus the depth of the well bore zone. w= The setback from the front side added to the setback for the back side plus the depth of the well bore zone. 7 Setbacks Proposed Distance from drill zone to protected use. •600 feet – base line minimum standard. •1,000 feet – voluntary and results in the relaxation of some regulations and will be easier for operator to comply with quality of life/nuisance regulations. 8 Setbacks Proposed - continued Distance from drill zone to protected use •300 feet – absolute minimum setback. Requires approval from all property owners with structures closer than 600 feet and Board approval. Results in more restrictive regulations and allows property owners with greater potential of negative impact from well operations to negotiate directly with the operator for creative options to address their specific concerns. 9 Setbacks Proposed - continued Distance from drill zone to protected use •After a Gas Well Pad Site has been approved, the required setback from future habitable structures will be 300 feet. This reduction allows for more options for development of surrounding properties. 10 Setbacks from other uses •Proposed distance from drill zone to street right-of-way is 200 feet. Hwy 114 and 170 – Also requires 100 foot setback for the Gas Well production Site perimeter fence from the right-of- way for landscape in the Town Edge Open Space Zone. Hwy 377 – Also requires 50 foot setback for the Gas Well production Site perimeter fence from the right-of-way for landscape in the Town Edge Open Space Zone. All other street right-of-ways – The perimeter fence must be behind the established building setback line for the zoning district. 11 Setbacks from other property lines and other structures •The proposed requirement for the Drill Zone to be a minimum of 75 feet from the perimeter of the Gas Well Pad Site, along with a minimum required 50 foot separation of the Gas Well Pad Site perimeter fence from adjacent property lines, results in a minimum 125 foot setback from any structures or other uses not related to the gas well drilling or production operations. 12 Setbacks - continued •Variances to the setback requirements, or deviations from any other regulations governing the drilling and production of gas, may be authorized during the Specific Use Permit approval process after meeting all prerequisites and receiving a recommendation from the Planning and Zoning Commission and approval by the Board of Aldermen. 13 Drill Zone Setbacks Consensus 1000’ from habitable structures – rural 600’ from habitable structures – standard 300’ from habitable structures – high impact (With approval of all property owners with habitable structures located closer than 600’ and approval from Board of Aldermen) 75’ from property line unless neighboring property owner approves less. 300’ from habitable structures built after the Well Pad Site Permit is issued. 14 Roadway Usage •Roadway Improvement / Repair agreement –Town will have roadways along the approved truck route assessed for suitability for use by heavy truck traffic and determine if roadway must be improved prior to the increased usage. Repair or replacement costs will be estimated and arrangements for payment of those costs will be addressed in the agreement. 15 Roadway Usage •Approved truck routes – Truck routes will be approved during the Gas Well Pad Site permitting process. –Encourage use of State owned Highways and Access Roads by reducing roadway improvement/repair fees if town owned roads are not used. –Prohibit usage of certain roads based on safety considerations, traffic studies, and availability of other routes. –Coordinate efforts with neighboring cities to regulate truck routes for gas well sites located in the Town of Westlake and in neighboring cities. 16 Roadway Improvement/Repair Agreement Consensus Comparison to neighboring cities: Most cities have Roadway use agreements at this time. The uniqueness of the Town of Westlake relative to condition of existing roadways, access to State owned Roadways, and our focus on minimizing truck traffic, makes a line item comparison with other cities impractical. The agreement will be specific to each project and will require approval by the Board of Aldermen. 17 Water Supply •Fresh water supply for gas drilling operations. –Water will not be provided by Town of Westlake, without a Water Supply Agreement, because the increased water demand could result in the peak limits being exceeded and a possible increase in water fees for all Westlake water customers. –Freshwater wells may be drilled on site or water may be trucked or piped in and stored on site. Trucking of water in or out will require a Roadway Improvement/repair Agreement. 18 Water Supply Consensus Fresh water must be obtained from source other than the municipal water supply unless a Water Supply Agreement is executed. Water storage ponds will be encouraged to be established as permanent water features to be included in the required landscape plan. 19 Waste Water •Waste water from Gas well drilling and production operations must be disposed of properly. –Option A is to have all water trucked out of town for disposal. Most likely the waste will be pumped into a nearby Salt Water Disposal Well. –Option B is to permit the drilling of a Salt Water Disposal Well within the Town of Westlake but limit it’s usage to disposing of water produced within the Town of Westlake. 20 Waste Water Consensus Option A is to have all water trucked out of town for disposal. Most likely the waste will be pumped into a nearby Salt Water Disposal Well. Option B is to permit the drilling of a Salt Water Disposal Well within the Town of Westlake but limit it’s usage to disposing of water produced within the Town of Westlake. This option still allows waste water to be trucked out if the operator chooses to do so. 21 Permitting •There is a two pronged approach to regulating Gas Well Drilling and Production activities requiring two separate ordinance amendments. –Regulatory standards are similar to the Building Codes as they relate to new buildings. Dealing with safety and operational facets of the operation. –Zoning regulations are used to regulate the Land Use aspects and insure conformance with the Master Plans for Land Use, Open Space, Thoroughfares, and Water & Sewer Utilities. 22 Permitting •The proposed Gas Well Drilling and Production Ordinance will cover the regulatory standards and will contain some land use related items that are specific to this unique use. •To address the remainder of the zoning related issues, an ordinance will be proposed to amend the Comprehensive Zoning Ordinance to permit Gas Drilling in all zoning districts with a Specific Use Permit. All Gas Well Pad Site Permits will only be approved following notification of all property owners within 1,000 feet and a public hearing before the Planning and Zoning Commission followed by a hearing before the Board of Aldermen. •Gas wells located within the designated Drill Zone of an approved Gas Well Pad site will be permitted administratively. 23 Permitting Approval Process Consensus Allowed in all zoning districts with Specific Use Permit. Variances should have prerequisites that must be met prior to being considered by the Board of Aldermen. 24 Fencing / Screening & Landscaping Municipality Fence requirements Keller 8', wrought iron, tube steel, masonry, or a combination -thereof Roanoke 8' chain link fence Fort Worth 6’ chain link Southlake 8' masonry perimeter wall with 8' chainlink and barbed wire inside perimeter Trophy Club Removable masonry 7.5' with wrought iron gating/Permanent masonry fencing along thoroughfare Argyle 8’ masonry columns/wrought iron fencing Westlake 8' perimeter wall constructed of stone, cast stone or split-face concrete masonry units as approved by SUP. Evergreen shrubs shall be planted at ten foot spacing along the wall. 25 Fencing/ Screening & Landscaping Municipality Screening & Landscaping Requirments Keller City Council & Planning and Zoning discretion Roanoke 3’-5’ shrubs surrounding well site; subject to Gas Inspector approval Fort Worth 40% tree canopy for wells 200’-600’ from PU. 30%; 600’-1000’ Southlake Subject to SUP; third party landscape maintenance contract required Trophy Club Subject to SUP. Argyle Suitable screening shrubs subject to SUP. Westlake Minimum standards require compliance with the Landscape Development Standards of the Unified Development Code. The entire perimeter of the site will be required to be landscaped as a Roadway landscape Zone except for portions located in, and meeting the requirements for, a Town Edge Open Space Zone. A minimum forty foot wide area around the perimeter must be landscaped in all cases. In the SUP approval process the Board may allow delayed installation of landscaping for Rural Pad Sites or require additional landscaping or screening based on neighboring uses or other concerns. Roadways or service roads may be required to be screened or landscaped if closer than 300 ft. from a protected use. 26 Roadway landscape Zone •c) Zone width. The width of the landscape zone is measured from the outside edge of the street pavement to the required building setback line on both sides of the street. •(d) Landscape requirement. •(1) Tree density. A minimum of six trees are required per 100 linear feet of landscape zone on each side of the roadway, which may be planted anywhere within the roadway landscape zone. Credit will be given for maintaining existing trees of equal or greater size which are listed in the town's approved plant list in appendix D. •(2) Tree size. There shall be a minimum of 60 percent large trees with the remainder being small trees. Tree sizes and measurement shall conform to section 98-110, acceptable landscape materials. 27 Town Edge Open Space Zone (c) Landscape treatment of town edge zones. (1) Alternative treatments. Town edge open space zones may be treated in one of two ways: by earth berm, or forested edge, as set out in subsections (c)(2) and (c)(3) of this section. 28 Earth Berm (2) Earth berm. a. State Highway 114 and 170. On State Highway 114 and 170 the earth berm may vary in width and height, and shall have a maximum 5:1 slope from the property line to the ridge line and a maximum 3:1 slope from the ridge line to the setback line. The berm shall be a minimum height of 11 feet. b. Highway 377. On Highway 377 the earth berm may vary in width and height, and shall have a maximum 5:1 slope from the property line to the ridge line and a maximum 3:1 slope from the ridge line to the backside of the easement. The berm shall be a minimum height of six feet. c. Wildflowers. Wildflowers shall be planted along earth berms consistent with the Comprehensive Plan. d. Trees. Trees shall be planted along the earth berm consistent with the Comprehensive Plan in the following manner: 1. Quantity. There shall be a minimum of 17 trees per 10,000 square feet of the area measured from the top of the berm to the edge of the town edge open space zone closest to the interior of the lot. 2. Size. Sixty percent of the trees shall be a minimum three-inch caliper, and 40 percent shall be a minimum two-inch caliper. 29 Forested Edge •3) Forested edge. As an alternative to creating an earth berm, a forested edge may be created which includes: •a. A minimum of 17 trees per 10,000 square feet over the entire town edge open space zone per size and proportion described in subsection (c)(2)d of this section. •b. Wildflowers must be provided over 25 percent of the town edge open space zone adjacent to the highway. 30 Fencing/ Screening & Landscaping Consensus  Minimum 40’ landscape buffer zone around perimeter.  Must meet Roadway open space landscape requirements entirely around perimeter, even when not adjacent to roadway.  Must meet Town Edge Open Space Zone landscape requirements when applicable. 31 Noise Limitations Municipality Standards Keller 90 db/300 feet Roanoke 78 db/300 feet – 85 during fracing Fort Worth* 5 db/daytime or 3 db/nighttime - 10 db/daytime or 5 db/nighttime during fracing Southlake* 5 db/daytime or 3 db/nighttime - 10 db/daytime or 5 db/nighttime during fracing Trophy Club 70 db/300 feet - 80 during fracing Argyle 90 db/300 feet Westlake current 90 db/300 feet Westlake 5 db/daytime or 3 db/nighttime - 10 db/daytime or 5 db/nighttime during fracing . 85 db max. * When measured at the nearest Protected Use receiver's/receptor's property line or one hundred (IOO) feet from the nearest Protected Use structure. 32 Current Noise limitations Sec. 102-183. Noise. (a) Measurement. Measurement of noise shall be made at the residential property line with a sound level meter and octave band analyzer meeting the standards prescribed by the American Standards Association. (b) Noise level at residential property lines. (1) Nighttime noise level. Noise levels shall not exceed 49 dBA at a residential property line between 7:00 p.m. and 7:00 a.m. (2) Daytime noise level. Noise levels shall not exceed 56 dBA at a residential property line. (3) Octave band standards. Noise in any octave band shall not exceed standards set out in Figure 1: 33 FIGURE 1 NOISE STANDARDS At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table: Octave Band Range (cps) Decibel Band Limit (dB re 0.0002 microbar) 37--75 80 75--150 68 150--300 61 300--600 55 600--1200 51 1200--2400 48 2400--4800 45 4800--9600 43 A scale (for monitoring purposes only) 56 Noise level adjustments: Nighttime noise--7 p.m. and 7:00 a.m. subtract 7 db Impulsive noise subtract 7 db (Meter reading changes at a rate greater than ten db per second) 34 Decibel Level Examples Threshold of hearing..........................0 dB Outdoors, no people or traffic..........20 dB Background noise in a library...........40 dB Ordinary speaking voice...................60 dB Heavy traffic.....................................85 dB Power lawnmower up close.............90 dB Source – United States Department of Energy 35 Noise Level Consensus Ambient noise level +  5 db/daytime or 3 db/nighttime  10 db/daytime or 5 db/nighttime during fracing .  85 db max. unless ambient is higher. 36 Lighting Standards Municipality Requirements •Keller Directional lighting so as not to disturb/adversely adjacent properties. •Roanoke Cannot shine directly on public roads or adjacent property. •Fort Worth Cannot shine directly on public roads or adjacent. •Southlake Cannot shine directly on public roads or adjacent property and shielded so no glare on public roads or buildings within300 feet. •Trophy Club Cannot shine directly on public roads or adjacent property and directed so as to avoid glare on public roads or buildings within 300 feet. •Argyle Not addressed in oil and gas ordinance. •Westlake Cannot shine directly on public roads or adjacent property and shielded so no glare on public roads or buildings within 300 feet. Shall conform to the outdoor lighting ordinance to the degree practical and safe. 37 Current Gas and Oil Ordinance Operations and equipment practices and standards. •b. Directional lighting shall be provided for the safety of oil or gas well drilling and production operations and shall be provided so as to not disturb or adversely affect adjacent properties. No light source shall be visible from any ground mounted or pole mounted light. Rig lights shall be directional and focused exclusively on the operational area of the rig. 38 Lighting standards Consensus  Shall conform to the outdoor lighting ordinance to the degree practical and safe.  Cannot shine directly on public roads or adjacent property and shielded so no glare on public roads or buildings within 300 feet. 39