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HomeMy WebLinkAboutGBA 2006-02-23 Minutes MINUTES OF THE MEETING OF THE GAS BOARD OF APPEALS OF THE CITY OF NORTH RICHlAND HilLS, TEXAS FEBRUARY 23, 2006 1. CALL TO ORDER The meeting was called to order by Director of Development John Pitstick at 6:04 p.m. 2. ROLL CALL PRESENT Richard Davis Tom Duer Mark Haynes Kathy Luppy Michael Augustin CITY STAFF Dir. of Planning & Development John Pitstick Asst. City Manager Bo Bass Asst. Dir. of Public Works Greg Van Nieuwenhuize Attorney Bryn Meredith Recording Secretary Holly Blake 3. BOARD DUTIES, RESPONSIBILITES AND PROCEDURES - ORIENTATION Bryn Meredith, representing the City Attorney's Office, explained the Board procedures. He explained that an applicant with a gas well permit variance is required to exhaust all of his/hers administrative remedies with this Board before going to the District Court. An applicant has a ten day window in which to file a lawsuit in order to enact the jurisdiction of the District Court. Otherwise the District Court has no jurisdiction to hear an appeal. Mr. Meredith explained that there are two classifications of appeals. The first classification is discretionary appeals. The second classification requires a super majority vote. The single basis for overturning a decision that is being appealed is if an error occurred in applying the regulations. Once the Board hears the evidence, the Board will have to determine that the Development Review Committee (DRC) or the gas inspector made a fundamental error in interpreting the ordinance with respect to the issuance of a new gas well permit, an amended gas well permit or a suspension of revocation of a gas well. The categories are spelled out in the ordinance. Distance Page 1 of 5; 02123/06 GBA minutes from structures is set forth in section 104-6 (f)(3)-(4). The minimum setback is 600-ft. from a list of protected uses, including certain activities within parks, residential structures, hospitals, schools, playgrounds, etc. That is a straight measurement from the drill sight to the structure in question unless this Board authorizes a reduction. That reduction can go to 300-ft. for all structures except for residences. Residences can be reduced to 150-ft. if this Board has written permission of all the residents. Mr. Duer asked what would happen to the affected property after the fact. Is there a reverse situation where nothing can be built within the 600-ft. or the 150-ft. Mr. Bass responded that the site plan submission is extremely detailed and prepared by a surveyor, to scale, showing Staff straight line measures from the bore hole to any structures. Mr. Augustin asked if the horizontal wells below the surface are reviewed by Staff. Mr. Davis answered that anything below the surface is reviewed by the Railroad Commission. Staff and this Board can only regulate what is above the surface. Mr. Bass added that the Railroad Commission has stricter regulations than the City. Staff added regulations that affect the surface of the well such as sound, site, and hours of ope ratio n . Mr. Meredith explained that because these are discretionary decisions, essentially the review by District Court would be an arbitrary and unreasonable standard. The second discretionary appeal to the Board is the hours of operations (Section 104-13 Uj)). Other than drilling (which is a 24-hour a day operation), and fracturing, all other operations must be conducted between 7:00 a.m. and 7:00 p.m. An operator can appeal those time limitations and request the Board for an extension. The surroundings would determine that decision. Mr. Bass added that the Board could require additional items, within reason, to mitigate the impact of anything the Board may perceive might occur by granting that modification. Mr. Meredith continued that the third discretionary item is that an applicant has the right to request that they be allowed to install a lined pit into the ground rather than an above ground self-contained tank for the waste product. Mr. Davis asked what factors this Board should consider such as how much land the well has around it during the drilling process or how close a lined tank is to other properties. Mr. Meredith responded that a lined tank is an eye sore and environmental issues are addressed in the ordinance. Mr. Augustin asked if there were any time guidelines. Mr. Davis responded that once drilling and fracturing is complete then the applicant has to do final improvements such as brick walls, gates and lock systems. A timeframe is included with their submittals. Page 2 of 5; 02/23/06 GBA minutes Mr. Bass added that the applicants are going to want to enclose as little as possible. This Board can also state that the City will never have lined tanks. Tanks can't be taller than 12-ft. and the screening wall has to be designed in such a way that the tanks are not visible from the road. Mr. Augustin asked about the roads being torn up due to increased volume. Mr. Davis answered that the applicant has to show traffic route, public access and a paved surface to the well site. Mr. Bass added that a roadway maintenance agreement would have to be executed as well. Mr. Augustin asked about the well that popped off in Mineral Wells and how much area it impacted. Mr. Bass responded that it wasn't an active drilling situation. It was an abandoned well where pressure on a new well broke the seals. The impact affected 600-ft. Mr. Augustin asked about the masonry wall. Mr. Bass responded that the ordinance references other City ordinances such as the tree preservation, screening ordinance, and the landscape standards. Mr. Duer asked about platting and zoning for the wells. Mr. Pitstick explained that gas wells are permitted in all zones. Mr. Augustin asked how many members are required for a quorum. Mr. Meredith answered three. Mr. Davis asked how soon the meeting has to be posted. Mr. Meredith answered 72 hours. 4. ESTABLISH MEETING DATE Mr. Pitstick suggested the second Thursday of the month. Mr. Pitstick believes that this day will not conflict with other Boards that each member sits on. Richard Davis, seconded by Tom Duer, motioned the meeting date to be the second Thursday of every month at 6:00 p.m. The motion carried unanimously ( 5 -0 ). Mr. Davis asked Staff to put together the rules and procedures that will need to be adopted by this Board. Mr. Meredith stated that the procedures from the Zoning Board of Adjustment would be a good model for this Board. 5. o ELECTION OF CHAIRPERSON, VICE CHAIR, SECRETARY Tom Duer, seconded by Michael Augustin, motioned to elect Richard Davis as Chairman. The motion was carried unanimously (5-0). Page 3 of 5; 02/23/06 GBA minutes Richard Davis, seconded by Mark Haynes, motioned to elect Tom Duer as Vice Chair. The motion was carried unanimously (5-0). Tom Duer, seconded by Mark Haynes, motioned to elect Kathy Luppy as Secretary. The motion was carried unanimously (5-0). 6. REVIEW OF GAS ORDINANCE Mr. Pitstick reviewed the gas ordinance. The Texas Railroad Commission controls the regulations but the City needs a balance of both health and safety for public and private interests. The ordinance goals are to maintain the quality of life. The City reviewed eight area city ordinances, spoke with the City Attorney along with an outside attorney, and involved two gas drilling companies. The City also spoke with the Fort Worth Gas Inspector, the Railroad Commission, and the Physics Department at the University of North Texas and Texas A&M University. In January 2005, City Council asked Staff to examine gas drilling ordinances. In August 2005, Staff created a committee, comprised of several City departments and headed by the City Manager's Office, to draft the gas drilling ordinance. Staff had meetings with the Planning & Zoning Commission and presented a draft ordinance. Planning & Zoning approved the draft ordinance in October 2005 followed by City Council in November 2005. There were also four separate public outreaches, and the ordinance was made available to the public in October 2005. It is currently on the website and in the library. Applications for gas well permits are filed with Planning & Development and reviewed by the DRC. The permit is managed by a gas inspector, hired by the City. There is a $5,000 application fee for each new well. There is a lot of detailed information required on the well site. This includes a site plan, an emergency response plan, a hazardous materials plan, insurance documents, right-of-way maintenance agreement, Railroad Commission approval, storm water management plan, and a tree preservation plan. An amended gas well permit costs $500. This is when a permit has already been issued and the applicant would like to add to the permit. This will allow the applicant to change their site plan while still conforming to all regulations. A new bore hole requires a new gas well permit. The suspension or revocation of a gas well permit has to be given in writing with notice and time to cure by the City. There is a 45 day cure unless there is imminent danger to persons or property. The City can suspend or revoke the permit. The Texas Railroad Commission has to be notified of any of these actions. The operator can appeal within ten days of the suspension or revocation of permit to the Gas Board of Appeals. An operator can resubmit any denied permit. All abandoned wells have to be cut and removed to 10-ft. below the surface. Blowout prevention equipment is required, chemical and material storage, dust, vibration and odor prevention is also required. An emergency response plan and equipment appearance, lighting, muffling and exhaust are also required. There is an all weather hard surface road required, 20-ft. wide and with 14-ft. overhead clearance so that Fire can get in if necessary. Signs have to be posted with names and 24 hour contact on all sides of the Page 4 of 5; 02123/06 GBA minutes wells. The storage tanks are required to have a 300-ft. distance and no more than 12-ft. height. The work hours are 7am to 7pm Monday through Saturday. This is during active production -- not during the drilling or fracturing. The gas well setbacks are 600-ft. from all residential, commercial, and other specified structures. If the well is less than 600-ft. from these structures, property owner notification is required with a public hearing and action by the Gas Board of Appeals. If less than 300-ft., written consent from all adjacent property owners within 300-ft., property notification, public hearing, and an action by the Gas Board of Appeals is required. There is a $500 filing fee for the Gas Board of Appeals. The appeals include distance standards, hours of operation, and landscaping and screening standards. These require a majority vote. For error or interpretation in issuing of permits, or suspension or revocation of permits, a super-majority vote is required. A direct appeal from the Board will go to District Court. The noise restrictions levels are as follows. During drilling - 78 dB(a) @ 300-ft. Fracturing - 85 dB(a) @ 300-ft. Other operations - 65 dB(a) @ 300-ft. The gas inspector can require additional sound muffling devices if these sound levels are exceeded. The lighting standards require that all lights will have to be shielded and in a downward direction to prevent direct illumination on the roads, dwellings and buildings within 600-ft. During the drilling phase there is a temporary chain link fence required with screening fabric 6-ft. tall surrounding the entire site. There will be a secure gate with a Knox box and signage. During the production phase, there has to be an 8-ft. masonry wall surrounding the well and all the equipment. They can berm it if necessary. There also has to be landscaping, trees and scrubs. Next Step: Staff will draft the rules and procedures for adoption by the Gas Board of Appeals. 7. ADJOURNMENT The chairman adjourned the meeting at 7:21 p.m. Chairman Secretary c~\~~v~Ù Richard Davis . U K~h~~ Page 5 of 5; 02/23/06 GBA minutes