HomeMy WebLinkAboutItem 05 - SU16-02 Chesapeake EnergyTO:
FROM:
MEETING DATE
SUBJECT
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HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
BRUNO RUMBELOW, CITY MANAGER
SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR
JUNE 21, 2016
DEVELOPMENT SERVICES TECHNICAL REPORT OF
SPECIAL USE APPLICATION SU16-02 CHESAPEAKE ENERGY
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APPLICANT: Chesapeake Energy
PROPERTY LOCATION AND SIZE:
The subject property is located at 3015 East
Grapevine Mills Circle and is platted as Lots 1A, &
1B, Block 1, Grapevine Mills Wells Addition. The
addition contains 3.03 acres and has approximately
400 feet of frontage along North Grapevine Mills
Circle.
REQUESTED SPECIAL USE AND COMMENTS:
The applicant is requesting a special use permit to amend the previously approved site
plan of SU09-06 (Ord. 09-48) for gas well drilling and production in a nonresidential zoning
district, specifically to allow the "frac" pond (fresh water pond) to be re -designated as a
fresh water pond and be allowed to remain on site.
Originally considered at the November 3, 2009 meeting, the Council approved a special
use request (SU09-06) that allowed for gas well drilling and production on the subject site
for two gas wells with a variance of 311 feet to the 500 foot setback requirement from an
established property line along Grapevine Mills Circle. An eight foot (8') in height stone
masonry wall around the entire site and landscaping were installed after the drilling of the
first well. A learning center was also approved which allowed mall visitors and others to
observe production operations on site and read about the actual process and the benefits
of natural gas. There was also a stipulation that the frac pond be removed within 24
months of the commencing of drilling of the first well.
Subsequent meetings of the Site Plan Review Committee allowed for the increase in the
number of wells on site from the original two approved in November 2009, to a total of 17
the last of which were approved in November 2011. A 28,000 square foot expansion to
the wellsite to accommodate water separation equipment and storage tanks was
approved by the Site Plan Review Committee in March 2011.
At the March 20, 2012 meeting the City Council amended the Oil and Gas Well Drilling
Operations regulations to allow for an extension of up to one year for the fresh water pond
to remain upon review and approval by the Site Plan Review Committee. Given the
reduction in production operations because of the current low demand for natural gas the
ordinance was amended to provide a process for timely consideration of the fresh water
pond and allow it to remain if deemed necessary by the Committee. When originally
drafted, the ordinance required the fresh water pond to be removed within 60 days of the
fracturing of the first well. A subsequent amendment to the ordinance allowed the pond
to remain for nine months following fracturing operations.
Since June 2012 the Site Plan Review Committee has on an annual basis, as allowed by
ordinance, allowed the frac pond to remain. With this request the applicant is asking for
the frac pond to be re-classified as a fresh water pond and be separated from any
association with the drilling process and therefore eliminate the need for annual
consideration by the Site Plan Review Committee. Although 17 wells have been
approved on site with only seven in production, there is no intention by the applicant to
drill the remaining 10 wells eliminating the need for the pond. The applicant is currently
marketing the remaining property and if the pond is re-classified, it will be left to the new
owner to decide the fate of the pond, i.e. whether it can be considered an amenity to
remain, or drained and reclaimed for future development. If the request to re-classify the
pond is approved, no future fracturing operations will be permitted without the approval
of a special use permit by the City Council. See the attached letter.
PRESENT ZONING AND USE:
The property is currently zoned "HCO" Hotel/Corporate Office District and contains a
natural gas wellsite with seven wells in production along with a learning
center/observation area.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject and surrounding property were rezoned in the 1984 City Rezoning from 1-1 ",
Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial
Development. The subject property was rezoned (Z95-13) to "CC", Community
Commercial on October 17, 1995. The subject property was granted a Conditional Use
Permit CU95-36 for development of a planned commercial center in excess of 1,000,000
square feet of gross leasable area and conditional use pole signs. The public entryway
features were approved as an addenda (ADD96-01) to CU95-36 by Resolution 96-34.
Conditional Use Permit CU96-26 (Ordinance 96-79) revised the site layout, the ring road
configuration and access to residential properties to the west. Conditional Use Permits
CU97-05 and CU97-06 (Ordinance 97-09, 97-11) allowed alcoholic beverage sales (Sega
Gameworks) and amended the site layout. Special Use Permit SU97-04 (Ordinance 97-
10) allowed skill -oriented games in excess of eight (8) machines and two (2) billiard
tables. CU97-13 (Ordinance 97-28) allowed for alcoholic beverage sales in conjunction
with a restaurant (The American Wilderness Experience). CU97-18 (Ordinance 97-40)
also allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest
Cafe). CU97-29 (Ordinance 97-55) was approved by Council at the June 3, 1997 joint
public hearing which allowed for signage for the entire Grapevine Mills Mall project
including the outparcel areas. CU97-29 was later modified at the July 1, 1997 joint public
hearing to provide for an 80 foot entertainment globe (Ordinance 97-61). CU97-25
(Ordinance 97-57) was approved at the June 17, 1997 joint public hearing and allowed
for alcoholic beverage sales in conjunction with a restaurant (Tres Hombres) located in
the outparcel area. CU97-36 (Ordinance 97-72) amended the site layout for the
development of a retail use in the outparcel area (Michael's). CU97-42 (Ordinance 97-
92) was approved at the August 19, 1997 joint public hearing and allowed the
development of a retail tire store (Discount Tire) in the outparcel area.
At the November 18, 1997 joint public hearing, a 38.255 acre Phase 2 development was
incorporated into the overall Grapevine Mills Planned Commercial Center located to the
southeast of the Mall proper across State Highway 26 and bordered also by the
southbound service road of State Highway No. 121 and Bass' Pro Drive (Bethel Road).
Z97-22 (Ordinance 97-125) rezoned 11.825 acres from "PCD" Planned Commerce
Development District and 26.43 acres from "HCO" Hotel/Corporate Office District to "CC"
Community Commercial District for the development of Bass Pro Shops Outdoor World
and Embassy Suites Hotel. CU97-60 (Ordinance 97-126) and CU97-61 (Ordinance 97-
127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the
Grapevine Mills Planned Commercial Center and also allowed for on -premise
consumption of alcoholic beverages and seven 40 foot pole signs. The November 18,
1997 joint public hearing also established CU97-62 (Ordinance 97-128) Rooms To Go, a
39,870 square foot retail furniture store; CU97-63 (Ordinance 97-129) Chick-Fil-A, a
3,822 square foot restaurant; and CU97-64 (Ordinance 97-130) which allowed for off -
premise consumption of alcoholic beverages (wine only) for a lease space within the Mall
proper. CU97-68 (Ordinance 97-147) was approved at the December 16, 1997 joint
public hearing which allowed the development of a 3,855 square foot heath care facility
(Primacare) in the Phase 1, outparcel area. CU97-75 (Ord. 98-10) was approved at the
January 20, 1998 joint public hearing which amended the signage plan for wall signage
associated with outparcel tenants. CU97-76 (Ord. 98-11) was also approved at the
January 20, 1998 joint public hearing which approved a 10,095 square foot restaurant
(Cozymel's) in the Phase 1, outparcel area. CU98-03 (Ordinance 98-17) was approved
at the February 3, 1998 joint public hearing, which approved an amended floor plan for
Dick Clark's American Bandstand restaurant. CU98-07 (Ord. 98-40) allowed for on -
premise consumption of alcoholic beverages in conjunction with a restaurant (Corner
Bakery). CU98-21 (Ord. 98-74) was approved at the June 16, 1998 joint public hearing
which amended the floor plan for American Wilderness. Also approved with this request
was a request by the Mills Corporation to extend to January 15, 1999 the temporary
parking areas at Anchor Pads A and B. At the September 15, 1998 joint public hearing
CU98-47 (Ord. 98-116) was approved amending the floor plan for Cozymel's in the
outparcel area of the Grapevine Mills Mall. CU98-48 (Ord. 98-117) was approved at the
same public hearing and established MJ's Chop House/Mason Jar—a dual concept
restaurant with alcohol beverage sales in the outparcel area. Also, CU98-49 (Ord. 98-
118) was approved at the September 15, 1998 joint public hearing which allowed for
canopy extensions over the main entrance and ticket window areas of the AMC Theater
complex at Grapevine Mills. CU98-57 (Ord. 98-130) was approved at the October 20,
1998 which allowed for the development of a Black -Eyed Pea restaurant with alcohol
beverage sales in the Phase 1, outparcel area. At the November 17, 1998 joint public
hearing Council approved CU98-59 (Ord. 98-135) allowing alcoholic beverage sales
throughout the premises for "special events" at Sega Gameworks. CU98-63 (Ord. 98-
151) was approved at the December 15, 1998 joint public hearing which allowed for a 6 -
story, 121 -room hotel (AmeriSuites) in the outparcel area. CU98-79 (Ord. 99-17) was
approved at the February 2, 1999 joint public hearing which allowed a revision to the floor
plan for Sega Gameworks. At the March 23, 1999 joint public hearing, Council approved
CU99-12 (Ord. 99-16) which allowed for a revision to Anchor "G" specifically a reduction
in square footage from 35,790 square feet to 26,500 square feet for Iguana Ameramex.
Council approved at the April 20, 1999 joint public hearing CU99-17 (Ord. 99-61) for a
restaurant in the mall proper (Jekyll and Hyde) with on -premise alcoholic beverage sales
(beer, wine, and mixed drinks). CU99-27 (Ord. 99-83) was approved at the May 18, 1999
joint public hearing which allowed for the construction of a partial stone wall with trellis
along the rear elevation for Cozymel's. At the July 20, 1999 joint public hearing, Council
approved CU99-41 (Ord. 99-109) for a 7,189 square foot restaurant (Bennigan's) with on -
premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in the Phase
1, outparcel area.
The H/A Grapevine Joint Venture property to the north and northwest of Anderson -Gibson
Road was rezoned in 1985 as a part of the "Terra Tract" to "R -MF -1 ", Multifamily District,
"R -MF -2", Multifamily District, "HCO", Hotel/Corporate Office, "LI", Light Industrial, "CC",
Community Commercial and "PID", Planned Industrial Development. The property never
developed. The same property was recently rezoned (Z95-06); the actual zoning
designations changed very little, but the deed restrictions and the letter of agreements
changed a great deal. At the August 4, 1999 meeting CU99-28 (Ord. 99-112) was
approved for the Cross Creek Apartments. Council approved at the meeting on February
21, 2006 zoning change request Z06-02 (Ord. 06-11) for a recently completed 39 -unit
townhome development. At the November 7, 2006 meeting CU06-42 (Ord. 2006- 79)
was approved for a car wash service, Pronto Wash, adjacent to Neiman Marcus Last Call.
At the November 21, 2006 meeting CU06-52 (Ord. 06-83) was approved for a 26,325
square foot retail structure located between Rooms To Go and Chuck E. Cheese.
Approximately 98 acres located to the east and the north (Billingsley tracts) were recently
rezoned at the October 21, 1997 joint public hearing (Z97-15 and Z97-16, Ordinance 97-
117 and 97-118 respectively) from "HCO" Hotel/Corporate Office District, "PID" Planned
Industrial Development District, and "R-20" Single Family Residential to "CC" Community
Commercial District and "BP" Business Park District (approximately 20 acres).
Special use request SU08-06 was considered at the January 20, 2009 meeting but was
tabled at the applicant's request. The request was to potentially establish five gas wells
on the subject property. A variance to the 1,000 foot setback from a habitable structure
was requested allowing for a setback of 535 feet. A variance was also request to the 500
foot setback requirement from an established property line. The applicant sought
setbacks of 217 feet to the southernmost property line and 392 feet from the property line
to the west. At the February 17, 2009 meeting Council approved a request from the
applicant to withdraw without prejudice special use request SU08-06. At Council's June
16, 2009 meeting a special use request (SU09-04) was considered and denied on the
subject tract for two gas wells on the subject tract. The applicant requested a setback
variance to the 1,000 foot setback requirement from the apartment project to the west;
the nearest well was proposed to be located 712 feet from the apartment structure
resulting in a variance of 288 feet. The applicant is also requested a setback variance to
the 500 foot setback requirement from an established property line; the nearest well was
proposed to be located 235 feet from the southernmost property line resulting in a
variance of 265 feet.
At a November 3, 2009 meeting the Council approved a special use request (SU09-06)
that allowed for gas well drilling and production on the subject site. Specifically the
applicant proposed the drilling of two gas wells on the subject property without any
variances from the existing and proposed habitable structures to the north. The applicant
did seek a variance of 311 feet to the 500 foot setback requirement from an established
property line along Grapevine Mills Circle which would allow a 189 foot setback. The
applicant also proposed to construct an eight foot stone wall around the gas well site and
install landscaping after the first well was drilled. The Planning and Zoning Commission
recommended approval of the request with the stipulation that the applicant work with
staff to relocate the ingress and egress to the site from North Grapevine Mills Boulevard
to Grapevine Mills Circle and that the frac pond be removed within 24 months of the
commencing of drilling of the first well which was planned to begin no later than December
31, 2009. As part of the request the applicant agreed to the installation of a "learning
center" (CHK Learning & Visitor Center) that gives mall shoppers and others the
opportunity to experience a working natural gas wellsite in an environment within an
approximate 50 foot enclosure at the wellsite that includes a backdrop that contains
educational panels that explains the drilling process and the benefits of natural gas. It
also included a view through area directly into the wellsite to view actual production
activities.
The Site Plan Review Committee at their June 2, 2010 meeting considered and approved
special use request SU10-03 for an additional eight wells to the subject site bringing the
total number of wells on site to ten.
At a March 23, 2011 meeting the Site Plan Review Committee approved special use
request SU11-01 on the subject site to increase the size of the well pad site by 28,000
square feet (70 feet by 400 feet) to the north and to accommodate water separator
equipment and storage tanks necessary for the production phase of the operation.
Seventeen storage tanks (eight feet in height, ten feet in diameter) and seventeen
separators (fourteen feet in length, four feet in diameter) were approved to be located
along the northern edge of the expanded site. The eight foot masonry screening fence
was relocated and expanded to screen the enlarged site.
At the November 2, 2011 meeting the Site Plan Review Committee approved special use
request SU11-02 on the subject site to allow the addition of seven more wells bringing
the total number of wells on site to seventeen (17).
At the March 20, 2012 meeting the City Council amended the Oil and Gas Well Drilling
Operations regulations to allow for an extension of up to one year for the fresh water pond
to remain upon review and approval by the Site Plan Review Committee. Given the
reduction in production operations because of the current low demand for natural gas the
ordinance was amended to provide a process for timely consideration of the fresh water
pond and allow it to remain if deemed necessary by the Committee. When originally
drafted, the ordinance required the fresh water pond to be removed within 60 days of the
fracturing of the first well. A subsequent amendment to the ordinance allowed the pond
to remain for nine months following fracturing operations.
At the June 6, 2012 Site Plan Review Committee meeting, approval was granted for a
one year extension to allow the fresh water pond to remain on the site. Ten wells still
remained at that time to be drilled; however, drilling operations were discontinued.
At an April 24, 2013 meeting of the Site Plan Review Committee, approval was granted
for another one year extension for the fresh water pond to remain on site.
At the Committee's June 4, 2014 meeting a one year extension was granted to allow the
fresh water pond to remain on the site. Of the 17 wells approved on the site, seven have
been drilled and are producing—ten yet remain to be developed
At a May 6, 2015 meeting, the Site Plan Review Committee approved a one year
extension to allow the fresh water pond to remain on the site. Of the 17 wells approved
on the site, seven are producing wells and the remaining ten are awaiting development.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH: "CC" Community Commercial District, and "R -MF -2" Multifamily
District—Apartments at Cross Creek Ranch and recently approved
Wagon Wheel Ranch apartment project
SOUTH: "CC" Community Commercial District—Grapevine Mills Mall
EAST: "CC" Community Commercial District—vacant property, Ashley's
Furniture, multi -tenant planned commercial center, La -Z -Boy
furniture store
WEST: "R -MF -2" Multifamily District—Apartments at Cross Creek Ranch
AIRPORT IMPACT:
The subject tract is located within "Zone B" Middle Zone of Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B,
the following uses may be considered only if sound treatment is included in building
design: multi family apartments, motels, office buildings, movie theaters, restaurants,
personal and business services. Single family residential and sound sensitive uses such
as schools and churches should avoid this zone. The applicant's proposal is an
appropriate use in this noise zone.
MASTER PLAN APPLICATION:
Although the Zoning Ordinance allows gas drilling with approval of a Special Use Permit
in this district, such use is not in compliance with the Master Plan.
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SU16002
Chesapeake Energy
This data has been compiled by the City of Grapevine IT/GIS department, Various official and unofficial sources were
used to gather this information. Every effort was made to ensure the accuracy of this data, however, no guarantee is
given or implied as to the accuracy of said data.
TRE
VINE
CITY OF GRAPEVINE
SPECIAL USE APPLICATION
Form "A"
PART 1. APPLICANT INFORMATION
Name of applicant/ agent:/company/contact
T. Brown
Street address of applicant /agent:
5665 East 1st Street
City / State / Zip Code of applicant / agent:
Fort Worth, Texas 76103
Telephone number of applicant/ agent:
Fax number of applicant/ agent:
817-759-2450 x83602
817-945-5638
Email address of applicant/ agent
Mobile phone number of applicant / agent
817-718-3903
Applicant's interest in subject property:
Drilling and Production of Natural Gas
PART 2. PROPERTY INFORMATION
Street address of subject property
Grapevine Mills Circle 3015
-34B5-E.
Legal description of subject property (metes & bounds must be described on 8 112'x 11 "sheet)
Lot Block Addition Tract 2A1B of the James Gibson Survey, A-587
Size of subject property
33.515 Acres
Present zoning classification: Proposed use of the property:
Square footage
HCO I Drilling and Production of Natrual Gas
Minimum / maximum district size for special use request:
Zoning ordinance provision requiring a special use:
PART 3. PROPERTY OWNER INFORMATION
Name of current property owner:
Chesapeake Land Development Company, LLC
Street address of property owner:
6100 N Western Ave
City / State / Zip Code of property owner:
Oklahoma City, Oklahoma 73118-1044
Telephone number of property owner:
Fax number of property owner:
405-935-8478
405-849-8478
Su 1(p - C) a
❑ Submit a letter describing the proposed special use and note the request on the site plan document
❑ In the same letter, describe or show on the site plan, and special requirements or conditions imposed upon the particular special use by
applicable district regulations (example: buffer yards, distance between users)
❑ In the same letter, describe whether the proposed special use will, or will not cause substantial harm to the value, use, or enjoyment of
other property in the neighborhood. Also, describe how the proposed special use will add to the value, use or enjoyment of other property
in the neighborhood.
❑ Application of site plan approval (Section 47, see attached Form `B').
❑ The site plan submission shall meet the requirements of Section 47, Site Plan Requirements.
❑ All conditional use and special use applications are assumed to be complete when filed and will be placed on the agenda for public hearing
at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date.
❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the
next public hearing. Public hearings will not be tabled.
❑ Any changes to a site plan (no matter how minor or major) approved with a conditional use or special use permit can only be approved by
city council through the public hearing process.
❑ I have read and understand all the requirements as set forth by the application for conditional use or special use permit and acknowledge
that all requirements of this application have been met at the time of submittal.
PART 4. SIGNATURE TO AUTHORIZE SPECIAL USE REQUEST AND PLACE A SPECIAL USE
REQUEST SIGN ON THE SUBJECT PROPERTY
T. Brown
Print Applicant's Name: gAppliea—At'ssignature:
The State of Texas
County of Tarrant
Before Me Y/ 1 Ii 1 on this day personally appeared
(notary)
(applicant)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein expressed.
(Seal) Given under my hand and seal of office this day of A.D. ' �C
CHRISTEN DOGGETT � 7�
Notary Public �
�9 STATE OF TEXAS Notary In And or� State Of Texas
a Q
un e2 ,0 t 8
Chesapeake Land Development Company, LLC
Print Property Owners Name: Property Owner's Signature:
The State of Texas
county of Jarrant
Before Me(property owner)
on this day personally appeared
(notary)
known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purnpses and consideration therein expressed.
(Seal) Given under my hand and seal of office this " [ day ofi A.D. p,
r Y P&$ CHRISTEN DOGGETT
_ Notary Public
* * STATE OF TEXAS 9
Notary In And For State Of Texas
a �9Tf or
-Jr My Comm. Exp. June 26, 2018
NKM��
All Conditional Use and Special Use Applications are assumed to be complete when filed and
will be placed on the agenda for public hearing at the discretion of the staff. Based on the size
of the agenda, your application may be scheduled to a later date.
All public hearings will be opened and testimony given by applicants and interested citizenry.
Public hearings may be continued to the next public hearing. Public hearings will not be
tabled.
lf-ITF-',-C-di#Fit;ru,!LUUEU;,L9,T],,cuunciirnrougnt]7epub/ichearin,I vgm
Any application for a change in zoning or for an amendment to the zoning ordinance shall
have, from the date of submittal, a period of four months to request and be scheduled on an
agenda before the Planning and Zoning Commission and City Council. If after said period of
four months an application has not been scheduled before the Commission and Council said
application shall be considered withdrawn, with forfeiture of all filing fees. The application,
along with the required filing fee may be resubmittedany time thereafter for reconsideration.
Delays in scheduling applications before the Planning and Zoning Commission and City
Council created by city staff shall not be considered a part of the four month period.
I have read and understand all of the requirements as set forth by the application for
conditional use or special use permit and acknowledge that all requirements of this
application have been met at the time of submittal.
Signature of Applicant
Date:
Signature of Owner
Date:
Article VII Oil and Gas Well Drilling Regulations
Sec. 12-140. - Purpose.
The purpose of this article is to establish regulations which describe the process for the review and
approval of oil and gas well drilling and production, but more specifically to:
(1) Establish reasonable and uniform limitations, safeguards, and regulations for present and future
operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and
gas and other substances produced in association with oil and gas within the corporate city limits;
(2) Provide for the safe, orderly, and healthful development of the area within the city and within the
area surrounding the city and to promote the health, safety, and general welfare of the community;
(3) Encourage appropriate protection to environmentally sensitive areas;
(4) Establish procedures for the review and approval of gas well site plans.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-141. - Definitions.
The following words, terms, and phrases, when used in this article, shall have the meanings as
ascribed to them in this section, except where the context clearly indicates a different meaning. In the
absence of a definition in this section, a word, term, or phrase shall have the meaning as otherwise
ascribed in this Code of Ordinances. In the absence of a definition in the Code of Ordinances, words,
terms, and phrases shall have the meanings generally accepted in everyday use.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-142. - Permit required.
No drilling or production of an oil or gas well shall begin until the following have been approved:
(1) No application for an oil or gas well development site plan or oil or gas well permit or any other
application for drilling and production shall be approved until a special use permit ("SUP") has been
approved in accordance with the zoning ordinance. Denial of an SUP for oil or gas well drilling and
production shall be grounds for denial of any other permit applications pertaining to such use for the
same land.
(2) An oil or gas well development site plan that has been approved by the city council is on file with
the city that conforms to the requirements of this article and the Code of Ordinances.
(3) An oil or gas well permit shall not constitute authority for the re-entering and drilling of an
abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this
section if the operator is re-entering and drilling an abandoned well.
(4) No oil, gas well permit shall be issued for any well to be drilled on city owned property without the
prior consent of city council.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-143. - Permit conditions.
The following shall be applicable to all gas well site plan and permit applications:
W
(1) It shall be the policy of the city to consider oil and gas well drilling and production as subject to
the control of the city pursuant to the city Comprehensive Plan for the orderly, planned, efficient, and
economical development of the city.
(2) The city has no obligation to extend water or sewer service to any lot, tract or parcel or land site
planned for oil or gas well drilling and production in violation of this article.
(3) All oil and gas well site plans shall conform to the rules and regulations set forth herein.
(4) This article is not intended to repeal, abrogate, or impair any existing plans or ordinances.
However, if the provisions of this article and other ordinances or plans conflict or overlap, the most
restrictive provisions thereof shall apply.
(5) The provisions contained in this article, shall be considered as the minimum requirements for
review and approval of an oil or gas well site plan.
(6) An oil or gas well permit shall not be required for exploration for oil or gas. Exploration of oil or
gas means geologic or geophysical activities, including, but not limited to surveying and seismic
exploration, related to the search for oil, gas, or other sub -surface hydrocarbons.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-144. - Site plan requirements.
The applicant requesting gas well drilling and production approval shall submit the required number of
copies of a site plan drawing as determined by the administrative official and which complies with this
section. The site plan shall be required as part of and in addition to the special use permit submittal
documents required by section 49, Special Uses, of the Grapevine Comprehensive Zoning
Ordinance.
(1) Identify truck and vehicle routes to the well site, including:
a. Tabularized summary of non-TXDOT roads that will be used; and
b. Lengths of each road that will be used to access the site.
(2) Identify location and dimension of existing or proposed driveway(s) to be used.
(3) Identify the 100 -year flood plain.
(4) Identify the proposed source of water.
(5) Identify and show the proposed method of erosion control.
(6) Identify the location of proposed lease lines and property lines.
a. Label distance between wells and property lines;
b. Label distance between wellheads and structures within 1,000 feet of wellheads.
c. Label distance between temporary holding ponds and floodplains.
(7) Show location of all proposed underground pipelines. As built drawings shall be filed with the
engineering department. All pipelines proposed in the public right-of-way shall require a right-of-way
use agreement.
c
(8) Identify if pipelines connect with a gas distribution system.
(9) General requirements:
a. Property owner/mineral lessee/mineral owner/gas well operator. The names and addresses of the
current owner of record, mineral lessee, minerals owner and gas well operator.
b. Surveyor name. The name, address and telephone number of the surveyor responsible for the site
plan which shall contain the seal of a state -registered professional land surveyor.
c. Gas well name. Title block containing the proposed name of the gas well(s), acres in lease,
survey, and jurisdiction.
d. Location map. A location map showing the tract by reference to streets or highways.
e. Date. The date the site plan was prepared.
f. Scale and north arrow. The site plan shall be prepared at a numerical scale no greater than one
inch equals 100 feet unless approved by the administrative official responsible for subdivision review.
A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate
true north.
g. Development boundary lines. The development boundary lines shall be shown in heavy lines so
as to provide a differentiation with the internal features of the area being proposed for site planting.
The location and dimensions of all boundary lines of the property shall be expressed to the nearest
hundredth foot.
h. /Metes and bounds description. A written metes and bounds description of the property shall be
shown on the site plan and be capable of reproducing such lines upon the ground with a closure error
of less than 1:25,000. The legal description shall include reference to an original survey or subdivision
corner, and the Texas NAD83 State Plane Coordinate System. The legal description shall include the
acreage of the total area of the proposed subdivision and be consistent with the subdivision
boundary. The legal description shall contain information to show the last instrument conveying title to
each parcel of property involved in the proposed subdivision, giving grantor, grantee, date, and land
records reference.
i. Adjacent properties. All property lines, streets and easements on lands immediately adjacent to
and contiguous with the perimeter of the proposed subdivision and extending 100 feet shall be shown
with the names of the owners as shown on the most current tax assessor's files.
j. Street rights-of-way. The width of all public street rights-of-way shall be shown on the site plan. The
general location and width shall be consistent with the master thoroughfare plan. Dimensions shall be
shown for all curves. The distance from the centerline of any existing roadway of a boundary street to
the proposed subdivision shall be shown to determine the adequacy of right-of-way along the route
and to determine if additional right-of-way is necessary to accommodate the proposed street.
k. Permanent structures. The location and general outline of any existing permanent structures,
parking lots, driveways, and other significant structures.
I. City limit lines. The location of the city limit boundaries of the city and any adjacent city shall be
shown on the site plan.
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m. Easements. The location and dimension of all existing or proposed easements shall be shown on
the site plan drawing indicating whether such easement is for any specific purpose.
n. Sheet size. Map sheets shall be 24 x 36 inches. Sheets shall be numbered in sequence if more
than one sheet is used and an index sheet provided with match lines.
o. Site plan notes and conditions. When appropriate, the site plan shall contain a listing of any site
plan notes and site plan conditions in a readily identifiable location with each note numbered
consecutively.
p. Street names. All street names shall be shown on the site plan. New street names shall be
sufficiently different in sound and in spelling from other street names in the city to avoid confusion.
The continuation of an existing street shall bear the same name.
q. Lot areas. The area for each lot expressed in square feet shall be shown on the site plan.
r. Survey notes. The final site plan shall be accompanied by one set of surveyor's closure notes for
the boundary of the subdivision. The notes shall be referenced in the same manner as the site plan.
s. Certification blocks. All site plans shall contain the appropriate certification blocks which shall be
similar to those shown.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2010-07, § 2, 3-16-10)
Sec. 12-145. - Oil and gas well drilling and production standards.
(a) On-site requirements.
(1) Entrance gate: A secured entrance gate shall be required and signs identifying the entrance to
the drill site or operations site shall be reflective.
(2) Fencing: All drilling features including storage pits shall be fenced to prevent access, unless 24-
hour supervision is provided. When not supervised, all fences shall remain locked.
(3) Illegal dumping: No person shall place, deposit, or discharge any oil, naptha, petroleum, asphalt,
tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation
or the contents of any container used in connection with any oil or gas operation in, into, or upon any
public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private
property within the corporate limits or extraterritorial jurisdiction of the city.
(4) Fire suppression: All fire suppression and prevention equipment required by any applicable
federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance
and upkeep of such equipment shall be the responsibility of the operator.
(5) Pit lining: Pit liners shall be designed, constructed, and installed to prevent any migration of
materials from the pit into adjacent subsurface soils, ground water, or surface waters at any time
during the life of the pit. All lined pits shall adhere to the liner standards set forth by the railroad
commission.
(6) Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall
be screened with an eight -foot high masonry screening fence. Such screening shall be installed within
60 days of completion of drilling the first well on the site. Where subsequent well drilling is initiated
within 60 days of completion of drilling the first well, the screening may be delayed a maximum of 60
days from the completion of the subsequent well. Such delays may be permitted for continuous
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drilling of additional wells, provided that all drilling of wells be initiated within 60 days of completion of
drilling of the previous well.
(7) Landscaping: Screening shrubs shall be installed completely around the well site except at gates,
and all fences and be sufficient to screen from view the structures sought to be screened. Screening
shrubs shall be a minimum of three feet in height at planting, have the potential to grow to a mature
height of a minimum of eight feet and must have an installed irrigation system that provides total
water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and
in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be
submitted in accordance with section 53 of the Grapevine Comprehensive Zoning Ordinance. Such
landscaping shall be installed within 60 days of completion of drilling the first well on the site. Where
subsequent well drilling is initiated within 60 days of completion of drilling the first well, the screening
may be delayed a maximum of 60 days from the completion of the subsequent well. Such delays may
be permitted for continuous drilling of additional wells, provided that all drilling of wells be initiated
within 60 days of completion of drilling of the previous well.
(8) Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of lined
reserve pits.
(9) Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited
or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse
including wastewater or brine from any oil and/or gas operation, or the contents of any container used
in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets,
lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the city.
(10) Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be
substituted for conventional oil-based drilling fluids.
(11) Drilling fluid storage pits: No drilling fluid storage pits shall be located within the city.
(12) Drill stem testing: All open hole formation or drill stem testing shall be done during daylight
hours. Drill stem tests may be conducted only if the well effluent during the test is produced through
an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at
the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up
the drill pipe.
(13) Signs:
a. A sign shall be immediately and prominently displayed at the gate on the temporary and
permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless
otherwise required by the commission, shall have a surface area of not less than two square feet nor
more than four square feet and shall be lettered with the following:
1. Well name and number;
2. Name of operator;
3. The emergency 911 number; and
4. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day
incase of an emergency.
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b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted
immediately upon completion of the well site fencing at the entrance of each well site and tank battery
or in any other location approved or designated by the fire chief of the city. Sign lettering shall be four
inches in height and shall be red on white background or white on a red background. Each sign shall
include the emergency notification numbers of the fire services department and the operator, well and
lease designations required by the commission.
(b) Operations and equipment standards.
(1) During fracing process:
a. "Flowback" operations to recover fluids used during fracture stimulation shall be performed during
daylight hours;
b. A watchperson shall be required at all times during such operations; and
C. At no time shall the well be allowed to flow or vent directly to the atmosphere without first directing
the flow through separation equipment or into a portable tank.
(2) Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes,
dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance.
(3) 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 developments.
(4) The operator shall, at all times, comply with the rules and regulations of the railroad commission
including but not limited to all applicable field rules.
(5) Only electric motors will be used for the purpose of pumping oil or gas. Internal combustion
engines may be used in drilling operations if they have mufflers that will reduce noise levels to not
more than 65 decibels at any point 300 feet from the boundary of the drill site or operation site,
whichever is greater.
(6) No venting of gas into the open air in residential areas except as allowed by the railroad
commission and as approved by the fire marshal.
(7) Only light sand fracture technology or technologies approved by the fire marshal in accordance
with the fire code shall be used to fracture stimulate a well.
(8) Air, gas, and pneumatic drilling shall not be permitted.
(9) The operator shall provide written notice to property owners within 1,000 feet 72 hours prior to the
commencement of fracture activities.
(10) No storage tanks or separation facilities shall be placed in the 100 -year floodplain.
(11) The operator shall place an identifying sign at each point where the flow line or gathering line
crosses a public street or road.
(12) Structures shall not be built or placed over flow lines or gathering lines.
(13) Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in
excess of three tons shall be restricted to such streets designated as arterials, collectors or local
commercial as delineated in the city's thoroughfare plan, and in accordance with the truck/vehicle
route as provided for in section 12-144(1) herein. The vehicles shall be operated on state arterials
whenever capable of being used. Such vehicles shall be operated only on city arterials, collectors and
local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such
vehicle is then being operated.
(14) Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted
only between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on
Saturday. Truck deliveries of equipment and materials associated with drilling and/or production, well
servicing, site preparation and other related work conducted on the well site shall be limited to
between the above same work hour restrictions except in cases of fires, blowouts, explosions, and
any other emergencies or where the delivery of equipment is necessary to prevent the cessation of
drilling or production.
(15) Noise restrictions for oil and gas well permits:
a. No drilling, producing or other operations shall produce a sound level greater than 65 dB(a) when
measured at a distance of 300 feet from the boundary of the drill site or operation site, whichever is
greater. The noise level shall be the average of sound level meter readings taken consecutively at
any given time from four or more diametrically opposite positions, four feet above ground level, when
measured at a distance of 300 feet from the production equipment. A maximum sound level of 85
dB(a) shall apply to formation fracturing when measured at a distance of 300 feet from the boundary
of the drill site or operation site, whichever is greater.
b. No person shall operate or permit to operate in connection with the operation of a producing well
any engine, compressor or motor -driven machinery of any type which creates a sound level greater
than 65 dB(a) when measured at a distance of 300 feet from the boundary of the drill site or operation
site, whichever is greater. The noise level shall be the average of sound level meter readings taken
consecutively at any given time from four or more diametrically opposite positions measured at a
distance of 300 feet from the boundary of the drill site or operation site, whichever is greater.
(16) Installation of pipelines on, under or across public property: The operator shall apply to the city
for an agreement on, over, under, along or across the city streets, sidewalks, alleys and other city
property for the purpose of constructing, laying, maintaining, operating, repairing, replacing and
removing pipelines so long as production or operations may be continued under any oil, gas, or
combined well permit issued pursuant to this article. Operator shall:
a. Not interfere with or damage existing water, sewer or gas lines or the facilities of public utilities
located on, under or across the course of such rights-of-way.
b. Furnish to the director of development of the city a site plan showing the location of such pipelines.
c. Construct such lines out of pipe in accordance with the city codes and regulations properly cased
and vented if under a street;
d. Grade, level and restore such property to the same surface condition, as nearly as practicable, as
existed when operations for the drilling of the well were first commenced.
e. All required agreements pursuant to this division shall be completed, reviewed, and resolved by
the city engineer, city attorney, city manager, and, if required, by city council, prior to the
determination of any oil, gas, or combined permit as administratively complete.
(17) Flow lines and gathering lines:
25
a. Operator shall place an identifying sign at each point where a flow line or gathering line crosses
public street or road.
b. Operator shall place a warning sign for lines carrying H2S (hydrogen sulfide) gas as required by all
applicable state or federal regulatory agencies.
c. All flow lines and gathering lines within the corporate limits of the city (excluding city utility lines
and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to
the maximum allowable operating pressure applicable to the pipes installed and shall be installed with
at least the minimum cover or backfill specified by the American National Safety Institute Code, as
amended.
d. Structures shall not be built over flow lines or gathering lines.
(18) No oil, gas, or combined well permit shall be issued for any well to be drilled within any of the
streets or alleys of the city, and no street or alley shall be blocked or encumbered or closed due to
any exploration, drilling or production operations unless prior consent is obtained from the city
engineer. Any consent from the oil and gas inspector shall be temporary in nature and state the
number of hours and/or days that any street or alley may be blocked, encumbered or closed.
(c) Environmental safety standards.
(1) Erosion control practices shall be conducted for all oil or gas wells. Compost berms that are at
least one foot high and two feet wide, or equivalent erosion devices, shall be installed so that all
portions of the well pad that may drain off-site are contained.
(2) Damage resulting from sedimentation and/or erosion shall be repaired immediately.
(3) Gas or oil wells may have a target location or bottom -well hole location that is under the floodway
when the gas or oil well is drilled directionally from a location outside such areas.
(4) Each well shall be equipped with an automated valve that closes the well in the event of an
abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to
the well distribution line.
(5) Each storage tank shall be equipped with a level control device that will automatically activate a
valve to close the well in the event of excess liquid accumulation in the tank.
(6) All storage tanks shall be anchored for stability.
(7) All storage tanks shall be equipped with either steel or concrete secondary containment systems
including lining with an impervious material. The secondary containment system shall be of a
sufficient height to contain one and one-half times the contents of the largest tank in accordance with
the fire code. Drip pots shall be provided at pump out connections to contain the liquids from the
storage tank.
(8) Outdoor storage areas shall be equipped with a secondary containment system designed to
contain a spill from the largest individual vessel. If the area is open to rainfall, secondary containment
shall be designed to include the volume of a 24-hour rainfall as determined by a 25 -year storm and
provisions shall be made to drain accumulations of ground water and rainfall.
(9) Tank battery facilities shall be equipped with a remote foam line and a lightning arrestor system.
(10) No structures shall be built over an abandoned well.
0
(11) No oil or gas well drill sites shall be allowed on slopes greater than ten percent.
(12) No salt -water disposal wells shall be located within the city.
(13) No oil, gas, or combined well permit shall be issued for any well to be drilled within 200 feet of a
floodplain.
(14) For floodplains identified by the Federal Emergency Management Agency (FEMA) on the most
current federal insurance rate map (FIRM), except for zones A or X, the distance measurement from
the proposed well bore shall be calculated as a straight line, without regard to intervening structures
or objects, to the closest exterior point of the base flood elevation topographic contour.
(15) For all areas within the city's corporate limits, in which the proposed well bore is within 775 feet
of any type of surface water conveyance, including, but not limited to, creeks, streams, drainage
ditches, or other constructed storm water conveyance systems, calculating distance in a straight line
from the conveyance centerline, an approximate flood study shall be prepared by the applicant and
approved by a city engineer. Upon completion of the approximate flood study, if the city engineer
determines that the proposed well bore is within 100 feet of any type of surface water conveyance, or
other flood hazard area, then a detailed flood study shall be prepared by the applicant and approved
by the city engineer.
(16) No oil or gas well permit will be issued for any well where the center of the well at the surface of
the ground is located within 1,000 feet of an existing fresh water well intended for domestic use.
(17) The contents of any pit shall always be maintained at least two feet below the top of the pit.
(18) Fencing shall be installed to restrict access to open water reservoirs utilized in oil or gas well
drilling operation at a drill site within the corporate limits of the city.
(19) After the well has been completed, or plugged and abandoned, the operator shall clean and
repair all damage to public property caused by such operations within 30 days.
(20) After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste
materials from any public or private property affected by such spill, leak or malfunction. Cleanup
operations shall begin immediately.
(21) The drill site shall at all times be kept free of debris, pools of water or other liquids, contaminated
soil, weeds, brush, trash or other waste material outside the drill site within a radius of 100 feet
around any separators, tanks and producing wells within the leased property.
(22) Drilling mud pits shall adhere to the following requirements:
a. Only freshwater -based mud systems shall be permitted. Saltwater -based mud systems and oil-
based mud systems are prohibited.
b. No metal additives may be added to any drilling fluids.
c. All fluid produced from the well during completion of production shall be held in enclosed
containers while stored on the property.
d. The pit and its contents shall be removed from the premises within 90 days after completion of the
well; provided, however, that the permittee may apply for a 90 -day extension from such requirements
based on showing of good cause, necessity to maintain said pit, inclement weather, or other factors.
The city may designate a period of time shorter than the 90 -day extension set out herein.
M
e. Fresh water fracturing pond shall be backfilled and provided with suitable groundcover or turf
within one year of completion of fracturing the first well. Where subsequent well drilling is initiated
within one year of completion of fracturing the first well, the removal of the fracture fluid pond may be
delayed for continuous drilling of additional wells, provided that all drilling of wells be initiated within
one year of completion of fracturing of the previous well.
If drilling is discontinued for a period of one year, an extensionfor the pond to remain in place for a
period of one year may be requested by the permit holder. Such request shall be reviewed by the site
plan review committee and may be approved for good cause. The site plan review committee may
approve more than one extension provided sufficient notification is submitted by the applicant, and
the site has been and continues to be maintained and in compliance with all city ordinances.
(23) A copy of the hazardous materials management plan as required by the city's fire marshal's
office. In addition to the hazardous materials management plan, all material safety data sheets
(MSDSs) for all hazardous materials that will be located, stored, transported, and/or temporarily used
on the drilling site shall be provided to the oil and gas inspector and fire marshal.
(24) A copy of the emergency response plan as required by the city's fire marshal's office.
(25) A copy of the determination by the state commission on environmental quality of the depth of
useable quality ground water.
(d) Setback distances.
(1) Wells setbacks for gas or oil well permits: It shall be unlawful to drill, redrill, deepen, re-enter,
activate or convert any well, the center of which, at the surface of the ground, is located:
a. Within 1,000 feet from any public park;
b. Within 1,000 feet from any residence, religious institution, public building, hospital building or
school for which a building permit has been issued on the date of the application for a drilling permit is
filed with the fire marshal; -
c. Except for buildings addressed by subsection (d)(1)b. immediately hereinabove, within 300 feet
from any building;
d. Within 500 feet from any lease line as indicated on state railroad commission form W-1, or
recorded property, lot or tract line;
e. Within 500 feet from any existing storage tank, or source of potential ignition;
f. Within 200 feet of any public street, road, highway, or right-of-way line;
g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or
h. Within 1,000 feet to any fresh water well.
The measurement of all distances shall be calculated from the proposed well bore, in a straight line,
without regard to intervening structures or objects, to the closest exterior point of the any object listed
in a. through h. above.
For purposes of this section, a "building used, or designed and intended to be used, for human
occupancy" means an enclosed space, other than a residence, in which individuals congregate for
amusement or similar purposes or in which occupants are engaged at labor, and which is equipped
with means of egress, light, and ventilation facilities.
(2) The distances set out in this may be reduced at the discretion of the city council.
(3) Tank batteries, well facilities and equipment shall be located at least 300 feet from any public
park, or from any residence, religious institution, public building, hospital building or school, or any
other building used, or designed and intended to be used, for human occupancy, for which a building
permit has been issued on the date of the application for a drilling permit is filed. The distance shall
be calculated from the closest tank batteries, well facilities and/or equipment, in a straight line, without
regard to intervening structures or objects, to the closest exterior point of the building.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2007-24, §§ 2-4, 5-15-07; Ord. No. 2010-07, §§ 3-5, 3-
16-10; Ord. No. 2010-49, § 2, 9-21-10; Ord, No. 2012-12, § 2, 4-17-12)
Sec. 12-146. - Insurance and indemnification requirements.
The operator shall provide or cause to be provided the insurance described below for each well for
which a gas or oil well permit is issued, such insurance to continue until the well is abandoned and
the site restored. The operator may provide the required coverage on a "blanket basis for multiple
wells". Such coverage shall be subject to the review and approval of the city attorney.
(1) General requirements; indemnification and express negligence provisions.
a. Each gas well permit issued by the city shall include the following language:
Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and
executions which it ever had, or now have or may have, or assigns may have, or claim to have,
against the City of Grapevine, and/or its departments, it agents, attorneys, elected officials, officers,
contractors, servants, successors, assigns, sponsors, volunteers, or employees, created by, or
arising out of personal injuries, bodily injuries, or death, known or unknown, and injuries to property,
real or personal, or in any way incidental to or in connection with the performance of the work
performed by the operator under a Gas or Oil Well Permit and the operator caused by or arising out
of, that sequence of events which occur from the operator under the Oil or Gas Well permit and work
performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of
Grapevine, Texas, and/or its departments, agents, officers, servants, employees, successors,
assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action
and any and all liability, damages, obligations, judgments, losses, fines, penalties, costs, fees, and
expenses incurred in defense of the City of Grapevine, Texas, and/or its departments, agents,
officers, servants, or employees, including, without limitation, personal injuries and death in
connection therewith which may be made or asserted by Operator, its agents, assigns, or any third
parties on account of, arising out of, or in any way incidental to or in connection with the performance
of the work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees to
indemnify and hold harmless the City of Grapevine, Texas, and/or its departments, and/or its officers,
agents, attorneys, elected officials, attorneys, servants, employees, successors, assigns, sponsors,
or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or
judgments against the City and/or, its departments, it's officers, agents, servants, or employees,
created by, or arising out of the acts or omissions of the City of Grapevine occurring on the drill site or
operation site in the course and scope of inspecting and permitting the gas or oil wells INCLUDING,
BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE
SOLE NEGLIGENCE OF THE CITY OF GRAPEVINE OCCURRING ON THE DRILL SITE OR
OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS
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OR OIL WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMNITY PROVIDED FOR IN
THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND
PROTECT THE CITY OF GRAPEVINE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS,
OFFICERS, SERVANTS, OR EMPLOYEES FROM THE CONSEQUENCES OF THE NEGLIGENCE
OF THE CITY OF GRAPEVINE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS,
SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR
CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY
FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO
INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE MAXIMUM AMOUNT OF
RECOVERY UNDER THE TORT CLAIMS ACT.
b. All policies shall be endorsed to read "this policy will not be cancelled or non -renewed without 30
days advanced written notice to the owner and the City except when this policy is being cancelled for
nonpayment of premium, in which case 10 days advance written notice is required".
c. Liability policies shall be written by carriers licensed to do business in the state and with companies
with a VIII or better rating in accordance with the current Best Key Rating Guide, or with non -admitted
carriers that have a financial rating comparable to carriers licensed to do business in the state
approved by the city.
d. Liability policies shall name as "additional insured" the city and its officials, agents, employees, and
volunteers.
e. Certificates of insurance shall be presented to the city evidencing all coverage's and endorsements
required by this section, and the acceptance of a certificate without the required limits and/or
coverage's shall not be deemed a waiver of these requirements.
f. Claims made policies will not be accepted except for excess policies or unless otherwise provided
by this article.
(2) required insurance coverages.
a. Commercial general liability insurance.
1. Coverage should be a minimum combined single limit of $1,000,000.00 per occurrence for bodily
injury and property damage. This coverage shall include premises, operations, blowout or explosion,
products, completed operations, blanket contractual liability, underground property damage, broad
form property damage, independent contractor's protective liability and personal injury.
2. Environmental impairment (or seepage and pollution) shall be either included in the coverage or
written as separate coverage. Such coverage shall not exclude damage to the lease site. If
environmental impairment (or seepage and pollution) coverage is written on a "claims made" basis,
the policy shall provide that any retroactive date applicable precedes the effective date of the
issuance of the permit. Coverage shall apply to. sudden and non -sudden pollution conditions resulting
from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases,
waste material or other irritants, contaminants or pollutants.
b. Automobile liability insurance. Minimum combined single limit of $500,000.00 per occurrence for
bodily injury and property damage. Such coverage shall include owned, non -owned, and hired
vehicles.
c. Worker's compensation insurance. In addition to the minimum statutory requirements, coverage
shall include employer's liability limits of at least $100,000.00 for each accident, $100,000.00 for each
employee, and a $500,000.00 policy limit for occupational disease, and the insurer agrees to waive
rights of subrogation against the city, its officials, agents, employees, and volunteers for any work
performed for the city by the operator.
d. Excess (or umbrella) liability insurance. A minimum limit of $10,000,000.00, covering in excess of
the preceding insurance policies.
e. Control of well insurance:
1. Minimum limit of $5,000,000.00 per occurrence.
2. Policy shall cover the cost of controlling a well that is out of control, re -drilling or restoration
expenses, seepage and pollution damage. Damage to property in the operator's care, custody, and
control with a sub -limit of $500,000.00 may be added.
f. Security:
1. A security instrument that covers each well shall be delivered to the fire marshal before the
issuance of the gas or oil well permit for the well. The instrument shall provide that it cannot be
cancelled without at least 30 days' prior written notice to the city and, if the instrument is a
performance bond, that the bond cannot be cancelled without at least ten days' prior written notice for
non-payment of premium. The instrument shall secure the obligations of the operator related to the
well to:
i. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited
to bridges, caused by the operator or by the operator's employees, agents, contractors,
subcontractors or representatives in the performance of any activity authorized by the gas or oil well
permit;
ii. Comply with the insurance and security provisions set forth in this section; and
iii. Pay fines and penalties imposed upon the operator by the city for any breach of the gas or oil well
permit.
2. The security instrument may be in the form of an irrevocable letter of credit or payment bond
issued by a bank or surety approved by the city. The instrument shall run to the city for the benefit of
the city, shall become effective on or before the date the gas or oil well permit is issued, and shall
remain in effect until the well is abandoned and the site restored.
3. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate
shall be issued by a bank in the City of Grapevine County, Texas, shall be approved by the city, shall
be payable to the order of the city to secure the obligations of the operator described above, and shall
be pledged to the bank with evidence of delivery provided to the fire marshal. Interest on the
certificate shall be payable to the operator.
4. The security instrument may be provided for individual wells or on a "blanket" basis for multiple
wells. The amount of the security shall be a minimum of $50,000.00 for any single well and a
minimum of $100,000.00 for multiple wells on a "blanket" basis.
5. The security will terminate when the gas or oil well permit is transferred, with respect to the
operator -transfer or and if the operator -transferee provides replacement security that complies with
this section, when the well is abandoned and the site restored, and when the fire marshal consents in
writing to such termination.
31
6. An appeal of the determination of the amount of security required under this article may be made
to the city council for final determination of the amount of security.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-147. - Permit approval.
The director of public works may condition the release of the approved gas or oil well permit upon the
operator providing the security required by section 12-145 and upon the operator entering into a road
repair agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if
any, to public streets, including but not limited to, bridges caused by the operator or by'the operator's
employees, agents, contractors, subcontractors or representatives in the performance of any activity
authorized by the approved gas or oil well permit.
(1) The failure of fire marshal to review and issue a gas or oil well permit within 30 days shall not
cause the application for the permit to be deemed approved.
(2) Each gas or oil well permit issued by the fire marshal shall:
a. Identify the name of each well and its operator;
b. Specify the date on which the fire marshal issued each permit;
c. Specify the date by which drilling shall commence on at least one well covered by the permit
otherwise the permit expires (such date shall not be less than one year after the date of issuance);
d. Specify that if drilling is commenced on at least one well covered by the permit before the permit
expires, the permit shall continue until the wells covered by the permit are abandoned and the site
restored;
e. Incorporate, by reference, the insurance and security requirements set forth in section 12-146
f. Incorporate, by reference, the applicable rules and regulations of the railroad commission, including
the applicable "field rules";
g. Specify that no drilling operations (including the construction of internal private access roads) shall
commence until the operator has provided the security required by section 12-146
h. Contain the name, address, and phone number of the person designated to receive notices from
the city, which person shall be a resident of the state that can be served in person or by registered or
certified mail; and
L Incorporate by reference all permits and fees required.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-148. - Emergency reporting.
(a) Requirement to report emergencies:
(1) The operator shall immediately notify the oil and gas inspector and fire marshal of any incident
resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire,
explosion, incident resulting in injury, death, or property damage, or any other significant incidents as
defined by the city.
32
(2) A written report, containing a brief summary of the incident, shall be submitted to the oil and gas
inspector by 5:00 p.m. on the first business day of the city following the incident, and a duplicate
report shall be submitted to the fire marshal by the same time.
(3) A follow-up report shall be submitted to the oil and gas inspector and the fire marshal within 30
days following the incident. The operator responsible for the follow-up incident report shall include the
following information:
a. Operator/applicant name, phone number, addresses, and, if possible, e-mail address.
b. Description of the incident, including, but not limited to, the time, date, location, and cause of the
event.
c. Duration of the incident, that is, when the it began and when it terminated to the degree that it no
longer constituted a hazard to the health, safety, and well-being of persons or property, regardless of
the distance or separation from the place of incident.
d. How the incident was brought under control and/or remedied.
e. A full and complete description of the type of inter -company investigation or other investigation or
inquiry that was made concerning the incident, the findings or results of such inquiry or investigation,
and the action taken as a result of the findings and inquiry concerning the prevention of the existence
of future hazards.
f. Signed and dated by the person responsible for such report.
(4) The operator shall provide a copy of any "incident reports" or written complaints submitted to the
state railroad commission within 30 days after the operator has notice of the existence of such reports
or complaints. This shall include, but not be limited to, notification of any reportable quantity releases
of oil, natural gas, and/or associated minerals, chemicals, or solid and/or liquid wastes, pursuant to
regulatory requirements established by the commission, and notification to the fire marshal of any fire,
and/or equipment strikes by lightning.
(5) Beginning on December 31st, after each well is completed, and continuing on each December
31 st thereafter until the operator notifies the oil and gas inspector that the well has been abandoned
and the site restored, the operator shall submit a written report to the fire marshal identifying any
changes to the information that was included in the application for the applicable permit that have not
been previously reported to the city.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-149. - Periodic reporting requirements.
(a) The operator shall notify the fire marshal of any changes to the following information immediately,
within one business day after the change occurs.
(1) The name, address, and phone number of the operator;
(2) The name, address, and 24-hour phone number of the person(s) with supervisory authority over
drilling or operations activities;
(3) The name, address, and phone number of the person designated to receive notices from the city,
which person shall a resident of the state that can be served in person or by registered or certified
mail;
33
(4) The operator's emergency action response plan including "drive -to -maps" from public rights -of
way to each drill site.
(b) The operator shall provide a copy of any "incident reports" or written complaints submitted to the
state railroad commission or any other state or federal agency within 30 days after the operator has
notice of the existence of such reports or complaints.
(c) Beginning on December 31st, after each well is completed, and continuing on each December
31st thereafter until the operator notifies the fire marshal that the well has been abandoned and the
site restored, the operator shall prepare a written report to the fire marshal identifying any changes to
the information that was included in the application for the applicable gas or oil well permit that have
not been previously reported to the city.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-150. - Notice of activities.
(a) Any person who intends to drill a gas or oil well shall provide written notice to the director of
development services, director of public works, and the fire marshal at least ten days before the
drilling begins. Such notice shall be required for each well on the site.
(b) Any person who intends to proceed with fracture stimulation of a well shall provide written notice
to the director of development services, director of public works, and the fire marshal at least ten days
before the fracing begins. Such notice shall be required for each well on the site.
(c) Written notice shall be provided to the director of development services, director of public works,
and the fire marshal when any drilling or fracture stimulation activity is complete, or at any time such
activity has ceased for a period of 30 days. Such notice shall be required for each well on the site.
(d) Any person who intends to re -work a well using a drilling rig, to fracture stimulate a well after
initial completion, or to conduct seismic exploration involving explosive charges shall give written
notice to the city at least ten days before the activities begin.
(e) Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24
hours prior to fracing of a wellhead.
(f) The notice shall identify where the activities will be conducted and shall describe the activities in
reasonable detail, including but not limited to the duration of the activities and the time of day they will
be conducted.
(g) The notice shall also provide the address and 24-hour phone number of the person conducting
the activities.
(h) The person conducting the activities will post a sign on the property giving the public notice of the
activities, including the name, address, and 24-hour phone number of the person conducting the
activities.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2010-07, § 6, 3-16-10)
Sec. 12-151. - Remedies of the city.
(a) If an operator (or its officers, employees, agents, contractors, subcontractors or representatives)
fails to comply with any requirement of a gas or oil well permit (including any requirement
incorporated by reference as part of the permit), the fire marshal shall give written notice to the
34
operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure,
taking into consideration the nature and extent of the alleged failure, the extent of the efforts required
to cure, and the potential impact on the health, safety, and welfare of the community. In no event,
however, shall the cure period be less than 30 days unless the alleged failure presents a risk of
imminent destruction of property or injury to persons or unless the alleged failure involves the
operator's failure to provide periodic reports. The fire marshal may issue a stop work order under the
fire code.
(b) If the operator does not cure the alleged failure within the time specified by subsection (a), the
city attorney may notify the state railroad commission and request that the state railroad commission
take appropriate action (with a copy of such notice provided to the operator), and the city may pursue
any other remedy available.
(c) If the operator does not cure the alleged failure within the time specified by subsection (a), the fire
marshal may:
(1) Recommend to the city council that the gas or oil well permit be suspended until the alleged
failure is cured; or
(2) If the operator fails to initiate and diligently pursue a cure recommend to the city council that the
gas or oil well permit be revoked.
(d) The decision of the fire marshal to recommend suspension or revocation of a gas or oil well
permit shall be provided to the operator in writing at least ten days before any action by the city
council unless the alleged failure present a risk of imminent destruction of property or injury to
persons.
(e) If a gas or oil well permit is revoked, the operator may submit an application a new gas or oil well
permit for the same well.
TO • 0• 11• : • 1•
Sec. 12-152. - Enforcement and right of entry.
(a) The fire marshal is authorized and directed to enforce this article and the provisions of any gas or
oil well permit. Whenever necessary to enforce any provision of this article or a gas well permit, or
whenever there is reasonable cause to believe there has been a violation of this article or a gas or oil
well permit, the fire marshal, or the designated representative, may enter upon any property covered
by this article or a gas or oil well permit at any reasonable time to inspect or perform any duty
imposed by this article. If entry is refused, the city shall have recourse to every remedy provided by
law and equity to gain entry.
(b) It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of a gas or oil well permit issued under this
article;
(2) Fail to comply with any conditions set forth in a gas or oil well permit issued under this article;
(3) Violate any provision or requirement set forth under this article.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-153. - Plugged and abandoned wells.
35
(a) Whenever abandonment occurs pursuant to the requirements of the state railroad commission,
the operator so abandoning shall be responsible for the restoration of the well site to its original
condition as nearly as practicable, in conformity with the regulations of this article.
(b) Abandonment shall be approved by the fire marshal after restoration of the drill site has been
accomplished in conformity with the following requirements at the discretion of the fire marshal:
(1) The derrick and all appurtenant equipment thereto shall be removed from drill site;
(2) All tanks, towers, and other surface installations shall be removed from the drill site;
(3) All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of
depth, except surface casing, shall be removed from the site, unless otherwise directed by the state
railroad commission;
(4) All holes and depressions shall be filled with clean, compactable soil;
(5) All waste, refuse or waste material shall be removed from the drill site; and
(6) During abandonment, operator shall comply with all applicable sections in this article.
(c) The operator shall furnish the following at the discretion of the fire marshal:
(1) A copy of the approval of the state railroad commission confirming compliance with all
abandonment proceedings under the state law; and
(2) A notice of intention to abandon under the provisions of this section and stating the date such
work will be commenced. Abandonment may then be commenced on or subsequent to the date so
stated.
(d) All abandoned or deserted wells or drill sites shall meet the most current abandonment
requirements of the state railroad commission prior to the issuance of any building permit for
development of the property. No structure shall be built over an abandoned well.
(Ord. No. 2006-85, § 2, 12-19-06)
Sec. 12-154. - Exemptions.
With the exception of subsections 12-144(1), 12-145(b)(14), and the requirement to enter into a
roadway repair agreement under section 12-147 herein, the requirements of this article are not
applicable to any property subject to the Airport Zoning Act pursuant to chapter 241 of the Local
Government Code.
(Ord. No. 2006-85, § 2, 12-19-06; Ord. No. 2007-24, § 5, 5-15-07)
36
T. Brown
Manager - Regulatory Operations
May 4, 2016
Ron Stombaugh, Planning and Development Manager
City of Grapevine
200 Main Street
Grapevine, Texas 76051
Re: Chesapeake Energy's Grapevine Mills Fresh Water Pond
Dear Mr. Stombaugh:
Chesapeake Energy has concluded that we do not intend to use the Grapevine Mills Fresh Water
Pond for any future mineral development or operations at the Grapevine Mills padsite, located at
3015 E. Grapevine Mills Circle. Additionally, the remaining property that encompasses the
Fresh Water Pond, adjacent to the padsite, is currently being marketed to be sold as soon as
possible. The Fresh Water Pond will be filled-in or reclaimed by the new owner.
With this commitment in mind, we are formally requesting permission for a Special Use Permit
to amend the previously approved Site Plan (City of Grapevine File #SU11-02), specifically to
separate the Fresh Water Pond from the padsite Site Plan and "re-classify" the pond. With your
approval, Chesapeake Energy would be relieved of the pond reclamation obligation under
Section 12-145 (c) (22) of the City of Grapevine Code of Ordinances, and the related oil and gas
well drilling regulations would no longer be applicable to the pond.
Thank you for your time and review of our request. Chesapeake appreciates our partnership with
the City of Grapevine over the years, and it is our hope to come up with the best option to
continue to strive to be a good neighbor and help development in this area. Please let us know if
you have any questions or feedback regarding this matter.
T
fully,
T. Brown
TLB:bcs
Chesapeake Energy Corporation
5601 East 1st Street ® Fort Worth, TX 76103
817.759.2450 ® fax 817.834.1715
P w v
�► r
0
!' : AND CITY COUNCIL
GRAPEVINE MILLS PROPERTY
Chesapeake
GRAPEVINE MILLS LEARNING CENTER
Since Opening in November, 2011
several thousand visitors have
toured this free exhibit to learn
more about natural gas in the
Barnett Shale. Residents, tourists
and a variety of school groups and
service organizations have visited
the Center.
The Grapevine Convention &
Visitors Bureau continues to
promote the Chesapeake Learning
Center as another unique
Grapevine destination venue.
I
Che,s-q,�*-e
GRAPEVINE
MILLS SITE
Chesapeake
GRAPEVINE
MILLS SITE
.00king South along Grapevine Mills Parkway
I
Chcq�*
GRAPEVINE MILLS FRESHWATER POND 1
cnom;
Constructed in Di ! on Chesapeake -owned property
Has been utilized to complete already • • I •
completed • - site
Fresh -water pond is fenced, landscaped, well-maintained and
features • berm
I I .• to
• • • its • •
in order • make the pond • • to I •
Pond is used to store fresh -water only
GRAPEVINE MILLS SUP APPLICATION
Requesting to separate the Fresh Water Pond from the
padsite site plan
"Re-classify" the freshr pond fromi
Operations
Concluded that we do not intend to use the Grapevine Mill
Fresh Water Pond on any future operations i
With the P&Z and Council's approvals, Chesapeake would be
relieved of the pond reclamation obligation under Section 12-
145 (c) (2 2)
KEVIN STRAWSER
GOVERNMENT AND PUBLIC AFFAIRS
• WORTH •
KEVI N.STRAWSER@CH K.COM
817-266-1721
ORDINANCE NO.
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 49 OF ORDINANCE
NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE, BY
GRANTING SPECIAL USE PERMIT SU16-02 TO AMEND
THE SITE PLAN APPROVED BY ORDINANCE NO. 2009-48
FOR GAS WELL DRILLING AND PRODUCTION IN A NOW
RESIDENTIAL ZONING DISTRICT, SPECIFICALLY TO
ALLOW THE FRAC POND TO BE RE -DESIGNATED AS A
FRESH WATER POND AND BE ALLOWED TO REMAIN IN
A DISTRICT ZONED "HCO" HOTEL/CORPORATE OFFICE
DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning and Zoning Commission of the
City of Grapevine, Texas, as required by State statutes and the zoning ordinance of the
City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites
having been complied with, the case having come before the City Council of the City of
Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having
been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council did consider the following factors in making a determination as to
whether this requested conditional use permit should be granted or denied: safety of the
motoring public and the pedestrians using the facilities in the area immediately surrounding
the site; safety from fire hazards and measures for fire control; protection of adjacent
property from flood or water damages, noise producing elements, and glare of the
vehicular and stationary lights and effect of such lights on established character of the
neighborhood; location, lighting, and types of signs and relation of signs to traffic control
and adjacent property; street size and adequacy of width for traffic reasonably expected to
be generated by the proposed use around the site and in the immediate neighborhood;
adequacy of parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street locating spaces,
and protection of public health by surfacing on all parking areas to control dust; effect on
the promotion of health and the general welfare; effect on light and air; the effect on the
overcrowding of the land; the effect on the concentration of population; the effect on the
transportation, water, sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing
called by the City Council of the City of Grapevine, Texas, did consider the following factors
in making a determination as to whether this requested conditional use permit should be
granted or denied; effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, effect on adequate light and air, the effect on
the overcrowding of the land, the effect on the concentration of population, the effect on
the transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been
satisfied by the submission of evidence at a public hearing; and
WHEREAS, the City Council further considered among other things the character of
the existing zoning district and its peculiar suitability for particular uses and with the view to
conserve the value of buildings and encourage the most appropriate use of land
throughout this City; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that there is
a public necessity for the granting of this conditional use permit, that the public demands it,
that the public interest clearly requires the amendment, that the zoning changes do not
unreasonably invade the rights of those who bought or improved property with reference to
the classification which existed at the time their original investment was made; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from fire,
panic and other dangers, prevents the overcrowding of land, avoids undue concentration of
population, facilitates the adequate provisions of transportation, water, sewerage, schools,
parks and other public requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas, has determined that
there is a necessity and need for this conditional use permit and has also found and
determined that there has been a change in the conditions of the property surrounding and
in close proximity to the property requested for a change since this property was originally
classified and, therefore, feels that the issuance of this conditional use permit for the
particular piece of property is needed, is called for, an is in the best interest of the public at
large, the citizens of the City of Grapevine, Texas, and helps promote the general health,
safety and welfare of this community.
Ordinance No. 2
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 01
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance
of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code,
by granting Special Use Permit No. SU16-02 to amend the site plan approved by
Ordinance No. 2009-48) for gas well drilling and production in a non-residential zoning
district, specifically to allow the frac pond to be designated a fresh water pond and be
allowed to remain in a district zoned "HCO" Hotel/Corporate Office District Regulations
within the following described property: Lots 1A and 1B, Block 1, Grapevine Mills Wells
Addition (3015 East Grapevine Mills Circle) all in accordance with a site plan approved
pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as
Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including
but not limited to the following: None.
Section 2. The City Manager is hereby directed to amend the official zoning map
of the City of Grapevine, Texas, to reflect the herein conditional use permit.
Section 3. That in all other respects the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of
Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future; to lessen congestion in the streets; to secure safely from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City of
Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances which are in
direct conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
Ordinance No. 3
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to
exceed Two Thousand Dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of June, 2016.
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
John F. Boyle, Jr.
City Attorney
Ordinance No. 4
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CHESAPEAKE LAND DEVELOPMENT COMPANY. L.L.C.
(INST. NO. D209046006 D.R.T.C.T.)
FORMERLY KNOWN AS
NORTH TEXAS ACQUISITION. L.L.C. I
INST. NO. D206137208 D.R.T.C.T.
11.459.916 SF/33.515 AC) I I
4•/ B' MASONRY WALL WILL BE
INSTALLER ON PAD EDGES
17 - 10' DIAMETER
8' TALL TANKS
'T� 17 - THREE PHASE
E` SEPARATDRS
)C) 4' DIA. 6 14' LONG
p .400. 70'
.� EXPANSION 4' WID
P j0 \\ y PEDES?
R\uC rYGN D' GMC
ME
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4Rf
/Tq0 0PAD \ 4
ZAC SF W r
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DETAIL "A"
I:T72I7
IAN GATE
70' BUILDING LINE /
VOL. 12429, PG. 2207 D.R.T.C.T.
50' UTILITY EASEMENT
VOL. 12429, PG. 207 —
<DD.RRR../T.C.T.
�s
d4A
10' LA NOSCAPE
EASEMENT
VOL. 12429.
PG. 2207
O.R.T.C.T.
PROPOSED 24' WIDE ) �'
ACCESS ENTRANCE 1 /
r is
PROPOSED 55'X 82' EDUCATIONAL SRF
LEARNING CENTER LOCATION W/ {PED 1-S CONC BLDG
"KNA" CAP (COMMERCIAL)
."ROOMS TO GO'
mix
RAPID PONEA MANAGEMENT
1-5 CONC BLDG
(COMMERCIAL) -�
'GRAPEVINE MALL" HENRY SUGGS SURVEY
A-1415
r
CITY OF GRAPEVINE
SITE PLAN REVIEW COMMITTEE
APPVID O2-0 DENIED
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i♦AdYf.'1LOG -S1 A I I-D�.dT
RVS'D
tA.
GRAPEVINE
MILLS BLVD
A.,aEa 1 A
0
VICINITY MAP
1-S CONC BLDG (NOT TO SCALE)
(COMMERCIAL)
"LAZY BOY FURNITURE"
N
SCALE N FM
0 50 100 Iso 200
STARS AND STRIPES WAY
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E N E RGY
cl`— .6 01--A WA L.
100E-0 W.7
R..w W-1.. TX 7611M
C��`3�1' ollu4 [FO IrN E
WELL LOCA700H AND ONPR®dERENT8 GAAP
OF PAD GRA1PEVONE MUL L$
CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
Scale:
Date:
LEGEND
Designed by:
„
D(OWing Nam:
COIICRETE LINE
POKER PoLE
rJ^..
ASPHALT UNE
ANCHOR LJ
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GRAVEL UNE
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BUILDING UNE
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LIGHT POLE n
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OVERHEAD ELECTRIC
WATER METER
HEDGEFGV
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FENCE
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WATER VALVE
OVERHEAD WIRE
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JAMES
G
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YARD ucHr "
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TRASH CAN
URVEY
SOLLARD
EM
GAS Mn
BREECH
ELECTRIC BOX
BENCH
A-566
SGT$
GAS TEST STATION
1-S
ONE STORY
SURVEY $
2-S
TWO STORY
UNE -
0
SAF -STEEL REHM FgJNO
,SIZE AS NOTED)
®® ® _
®_® �=• '- ®=
ARREDOND09 ZEPEDA $ BRUNZ+ LLC
11355 McCREE ROAD
DALLAS, TX. 75238
PH. -214-341-9900 FAX -214-341-9925
email- officeeazb-engrs.com
CheSe
E N E RGY
cl`— .6 01--A WA L.
100E-0 W.7
R..w W-1.. TX 7611M
C��`3�1' ollu4 [FO IrN E
WELL LOCA700H AND ONPR®dERENT8 GAAP
OF PAD GRA1PEVONE MUL L$
CITY OF GRAPEVINE
TARRANT COUNTY, TEXAS
Scale:
Date:
Drawn by:
Designed by:
Checked by:
D(OWing Nam:
NOTE:
THIS DRAWING IS BASED ON TEXAS STATE PLANE
COORDINATE. SYSTEM. TEXAS NORTH CENTRAL
ZONE 4202, NORTH AMERICAN DATUM 1983 (NAD83).
1 "=100' Sheet No.
07-11-11
.1SB
EDU 9 Of
Ed