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2014-431s.\le�a!\our docurnents\ard'sr�ances\14\joir�t public hearing pz-co�sncil (1-6-15}.doc •' � • � � i i AN ORDINANCE OF THE CITY OF DENTON, TEXAS, AUTHORIZING A SPECIAL CALLED JOINT PUBLIC HEARING WITH THE CITY COUNCIL AND THE PLANNING AND ZONING COMMISSION TO BE HELD ON TUESDAY, JANUARY 6, 2015 PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007(b) AT THE CITY COUNCIL CHAMBERS AT 6:30 P.M. TO CONSIDER RECOMMENDATION AND POSSIBLE ACTION UPON AN ORDINANCE AMENDING OR.DINANCE NO. 2014-137, AS AMENDED, WHICH ESTABLISHED A MORATORIUM ON THE ACCEPTANCE, PROCESSING AND APPROVAL OF CERTAIN APPLICATIONS RELATED TO GAS WELL DRILLING AND PRODUCTION ACTIVITIES; PRESCRIBING NOTICE OF THE JOINT MEETING PURSUANT TO TEXAS LOCAL GOVERNMENT CODE §211.007(d); PROVIDING FOR A RECOMMENDATION BY THE PLANNING AND ZONING COMMISSION; SUPERSEDING THE PROVISIONS OF ALL ORDINANCES ON THE SAME SUBJECT MATTER TO THE EXTENT OF A CONFLICT; AND PRO�IDING FOR AN EFFECTIVE DATE. WHEREAS, the Denton City Council pursuant to its home rule powers, its zoning authority under Chapter 211 of the Texas Local Government Code and pursuant to other Texas statutory authority, has adopted ordinances and regulations that pertain to gas well drilling and production activities; and WHEREAS, on May 6, 2014, the City Council adopted a Gas Well Moratorium Ordinance, which was later amended on June 17, 2014 and September 9, 2014, to allow for the review and update of regulations applicable to gas well drilling and production activities; and WHEREAS, the moratorium was enacted in response to a multitude of environmental and land use compatibility cancerns regarding the City's ordinances and regulations now applicable to gas well drilling and production activities, including but not limited to, health, water quality, air quality, noise, lighting, truck traffic, dust vibrations and other nuisances; and WHEREAS, the City Council received these environmental and land use compatibility concerns, even though the City Council had adopted on January 15, 2013 (Ordinance No. 2013- 014) amendments to the City's ordinances and regulations applicable to gas well drilling and production activities; and WHEREAS, the City Council determined that the City's ordinances and regulations needed to reviewed and updated once again so as ta address these environmental and land use compatibility concerns; and WHEREAS, the City Council directed City Staff to research and provide recommended amendments to the City's ordinances governing gas well drilling and production activities; and WHEREAS, the City Council adopted an ordinance (Ordinance No. 2014-137, as amended, hereinafter referred to as "Gas Well Moratorium Ordinance") establishing a moratorium to preserve the status quo while a review and update of the City's ordinances related to gas well drilling and production activities are being developed and implemented to ensure compatible land uses that do not negatively impact property values or neighborhood character; and WHEREAS, City Staff has prepared recommended amendments for the City Council's and Planning and Zoning Commission's review at a joint public hearing on December 16, 2014; and WHEREAS, given the complex nature of gas well drilling and production regulation, and the great interest by the citizens of Denton, Texas in this subject, the City Council desires to hold more than one public hearing to allow all interested parties to provide input in the proposed gas well ordinance amendments; and WHEREAS, since the Gas Well Moratorium Ordinance expires January 20, 2015, and due to the upcoming end-of-year holiday season, there is insufficient time to allow for both the Planning and Zoning Commission and the City Council to hold independent public hearings as required by the Denton Development Code and Chapter 211 of the Texas Local Government Code in considering whether to extend the Gas Well Moratorium Ordinance; and WHEREAS, a joint public hearing between the City Council and the Planning and Zoning Commission would allow for consideration of a possible extension of the Gas Well Moratorium Ordinance; and WHEREAS, pursuant to Texas Local Government Code §211.007, the City Council desires to have a joint public hearing with the Planning and Zoning Commission on January 6, 2015 at the City Council Chambers at 6:30 p.m., regarding the proposed amendments to the City's ordinances and regulations governing gas well drilling and production activities; and WHEREAS, pursuant to Texas Local Government Code §211.007(d), the City Council wishes to prescribe notice of the time and place of the joint public hearing in a manner that is efficient and economical; and WHEREAS, by a two-thirds vote of the City Council, as required by Texas Local Government Code §211.007(d) the prescribed notice of the joint public hearing shall be as hereinafter set forth within this ordinance; NOW, THEREFORE; THE COUNCIL OF THE CITY OF DENTON, TEXAS HEREBY ORDAINS: SEC,TION 1. That the Denton City Council and the City of Denton Planning and Zoning Commission shall conduct a special called joint public hearing pursuant to Texas Local Government Code §211.007(b) on Tuesday, January 6, 2015 at the City Council Chambers located in City Hall at 215 East McKinney Street in Denton, Texas, at 6:30 p.m. to receive public input, consider, make recommendation, and/or take appropriate action concerning a proposed ordinance amending Ordinance No. 2014-137, as amended, to extend the moratorium of the receipt, processing and approval of certain applications related to gas well drilling and production activities. PAGE 2 SECTION 2. That the notice of the time and place for the joint public hearing on Tuesday, January 6, 2015 shall be given on two separate occasions as follows: a. Before the 15th day before the public hearing, a notice of the date, time and place of the public hearing shall be published in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate from the legal notice section; and bw Before the 7th day before the public hearing, a notice of the date, time and place of the public hearing shall be published in the Denton Record-Chronicle in two separate places; the legal notice section and another location in the newspaper separate from the legal notice section. SECTION 3. The notice provided for herein is authorized by Subsection 211.007(d) of the Local Government Code. This ordinance and the notice requirements contained within this ordinance supercede any other notice requirements set forth in state law and other City of Denton ordinances including without limitation the notice requirements set forth in Subsections 211.006(a) and 211.007(b) and (c) of the Local Government Code and Subsection 35.3.4.C.2 of the Denton Development Code. SECTION 4. The Planing and Zoning Commission may make its recommendation to the City Council concerning the proposed amendments to the City's ordinances and regulations applicable to gas well drilling and production activities at the same joint public hearing meeting or may defer its recommendation to a later Planning and Zoning Commission meeting. If the recommendation is deferred to a later Planning and Zoning Commission meeting such recommendation may be referred to the City Council at any special or regular City Council meeting regardless of the time between such Planning and Zoning Commission meeting and City Council meeting. SECTION,mS. This ordinance supercedes the provisions of any other ordinance on the same subject matter tb the extent of a conflict. SECTION 6. The findings contained in the preamble of this ordinance are incorporated herein as if fully set forth within the body of this ordinance. 5 ECTION 7. This ordinance shall become effective immediately upon its passage and ............. approval. PASSED AND APPROVED this the ,��a��'_ day of �,��,°��,��°��_ � 2014. CHRIS WA"1".�"�, MAYC:) PAGE 3 ATTEST: JENNIFER WALTERS, CITY SECRETARY � ' �� a�� .. BY: ..�,� � _„ �.`�.��_. `��_ ° .�,°�`�,,.,� �.M.�� '. �� APPROVED AS TO LEGAL FORM: ANITA B��I��;�,�ESS, CITY ATTORNEY ,' � � �� '�� .o�� BY: �,. �"�,�" �� °� �"'�'�'�� n.u.�� ....... ...,,,.___________ ; ��= PAGE 4