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HomeMy WebLinkAboutPZ 2012-04-19 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS APRIL 19, 2012 1. CaII to Order The meeting was called to order by Chairman Randall Shiflet at 7:06 p.m. 2. Roll Call PRESENT Chairman Randall Shiflet Don Bowen Steven Cooper Kathy Luppy Mike Benton ABSENT Bill Schopper Mark Haynes Jerry Tyner CITY STAFF Director of Planning and Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Building Official Dave Pendley Civil Engineer Caroline Waggoner Fire Marshall Lt. Greg Lindsay Mgmt. Asst. Dev. Svcs. Stacey Udoni Recording Secretary Teresa Koontz 3. Pledge of Allegiance Steven Cooper led the Pledge of Allegiance. April 19, 2012 P &Z Minutes Page 1 4. - Consideration of Minutes from the March 15, 2012 Planning & Zoning Commission Meeting. APPROVED Steven Cooper motioned to approve the minutes of March 15, 2012, seconded by Kathy Luppy. The motion passed unanimously (5 -0). 5. ZC 2012 -03 Public Hearing and Consideration of a Zoning Change from C -1 Commercial to R- 1 Single Family Residential on property described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located at 7828 Odell Street and 6841 Smithfield Road. Chairman Shiflet opened the Public Hearing and also considered RP 2012 -01. Chad VanSteenberg said the applicants, loan Grosu and Phyllis Reaves, Broker, with permission from the property owner, is requesting to replat and change the zone of 0.391 acres at the corner of Smithfield and Odell Street. The zoning change request is from the current C -1 Commercial to R -1 Single Family. The request from commercial to residential is unusual; however commercial zoning is consistent with the existing development along Smithfield Road which is primarily residential. The replat would create Lot 5R from Lots 5 and 6 of the Mollie B. Collins Addition. Sidewalks will be required on both Smithfield and Odell with construction of a home and a driveway will only be permitted on only the lesser of the two streets, which in this case is Odell Street. Additionally they are dedicating 1056 square feet of right of way along Smithfield with this plat. Staff recommends approval of the zoning change and replat. Phyllis Reeves, 4901 Boulder Road, NRH, came forward representing the buyer and the seller. It is an estate and she represents the family requesting the replat and zoning change. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve ZC 2012 -03, seconded by Steven Cooper. The motion passed unanimously (5 -0). April 19, 2012 P &Z Minutes Page 2 6. RP 2012 -01 Consideration of a Replat to create Lot 5R, Block 2, Mollie B. Collins Addition on property currently described as Lots 5 and 6, Block 2, Mollie B. Collins Addition; located on 0.391 acres at 7828 Odell Street and 6841 Smithfield Road. APPROVED Mike Benton motioned to approve RP 2012 -01, seconded by Steven Cooper. The motion passed unanimously (5 -0). 7. ZC 2012 -01 Public Hearing and Consideration of a Zoning Change from R -2 Single Family Residential to R -1 -S Special Single Family Residential on property described as Tract 18B, S. Richardson Survey, Abstract No. 1266 and located at 8800 Kirk Lane. 8. FP 2012 -02 Consideration of a Final Plat to create Lot 5, Block 1, Taylor's Place Addition on property currently described as Tract 18B, Stephen Richardson Survey, Abstract No. 1266; located on 2.047 acres at 8800 Kirk Lane. Chairman Shiflet opened the Public Hearing for ZC 2012 -01 and also considering FP 2012 -02. Clayton Comstock came forward stating this is a request for zoning and replat on Kirk Lane. It is a rural area of North Richland Hills with larger lots and other R -1 -S and R -2 properties surrounding this lot. The current zoning on the property is R -2 and the applicant is requesting R -1 -S to take advantage of some of the flexible accessory structure regulations. The zoning exhibit shows the setbacks and along with the final plat for Lot 5 Block 1 Taylor's Place. It was previously preliminarily platted as part of Taylor's Place but never went through the final plat when the west side was platted. They are dedicating the correct amount of right of way along Kirk Lane for this lot. Staff recommends approval of the zoning change and final plat. Don Bowen asked about the staff comments with an unauthorized pool house on the property and asked if this would be part of the recommendation of approval. Clayton Comstock said yes, the applicant is working with Dave Pendley, Building Official, at this time to obtain proper permitting and inspections. Dave Pendley said yes, there is a pool there built a number of years ago and permitted but the structure was not done at that time and is being corrected now. April 19, 2012 P &Z Minutes Page 3 Michael Arthod, JPH Land Surveying, 807 Bluebonnet Court, Keller, TX came forwarding stating he is the surveyor on record and going through their due diligence to final plat this parcel. We have met all the staff comments and are requesting approval to allow the applicants to expand their home. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion APPROVED Kathy Luppy motioned to approve ZC 2012 -01 and FP 2012 -02, subject to appropriate permits, inspections and approval. The motion was seconded by Don Bowen and passed unanimously (5 -0). 9. ZC 2012 -04 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from C -1 Commercial, 0-1 Office and R -2 Single Family Residential to U Institutional on approximately 12.106 acres in the 8200 Block of Davis Blvd. 10. ZC 2012 -05 Public Hearing and Consideration of a request from B.H.L. Joint Venture for a Zoning Change from 0-1 Office and R -3 Residential to R -2 Residential on approximately 1.857 acres in the 8200 Block of Davis Blvd. Chairman Shiflet opened the Public Hearing of ZC 2012 -04 and ZC 2012 -05. Clayton Comstock said the purpose of these two requests, 2012 -04 and 2012 -05, for the Thornbridge West development plan are zoning changes for the future development and platting. The zoning change from R -2 Single Family, 0-1 Office and C -1 Commercial to U Institutional for a 12.929 -acre park dedication as part of their Thornbridge West development plan. Nearly all of the acreage is located within the Bear Creek Corridor, which renders it undevelopable. Additionally, the City has had plans to connect a hike and bike trail through the Bear Creek Corridor, which this park dedication and zoning allows the City to do. A Final Plat dedicating the land as Public Park will follow shortly after the zoning change. Staff recommends approval of this zoning change. Mr. Comstock said the zoning change from R -3 Single Family and 0-1 Office to R -2 Single Family on three separate tracts totaling 1.857 acres. The applicant was previously granted R -2 zoning approval to develop the Thornbridge West residential subdivision. Since receiving that approval, the applicant has revised the boundaries of their development plan. These three slivers of land are additions to the area developed for Thornbridge West. The northernmost 1.541 acres is currently zoned R -3. April 19, 2012 P &Z Minutes Page 4 The R -2 zoning would be consistent with the rest of the Thornbridge West development. The southernmost pieces 0.137 acre and 0.179 acre are currently zoned 0 -1 and were previously planned as part of the applicant's park dedication. The application as adjusted their boundary of the park dedication, thus requiring the zoning approval for residential use. The applicant will be following the zoning request with a Final /Replat for 36 residential lots, two small common area lots (for emergency access and entry features) and a 12.205 acre Public Park dedication on a total of 25 acres. Staff recommends approval of this zoning change. Don Bowen asked if the portion marked Institutional will be deeded to the City and included as Public Park Land. Clayton Comstock said yes, it will be a dedicated Public Park and completed on the Final Plat. It will also include a trail connection which will be a great addition to the City's trial system. Dustin Austin, 6505 Rock Springs Drive, NRH came forward acting as the developer and partner for the zoning requests and additions. Chairman Shiflet asked if anyone wished to speak for or against the zoning changes. Seeing none he closed the Public Hearing and entertained a motion. APPROVED Don Bowen motioned to approve ZC 2012 -04. The motion was seconded by Mike Benton and passed unanimously (5 -0). APPROVED Steven Cooper motioned to approve ZC 2012 -05. The motion was seconded by Don Bowen and passed unanimously (5 -0). 11. SUP 2012 -02 Public Hearing and Consideration of a Special Use Permit for an Emergency Clinic on property described as Lot 1, Block 1, Davis -North Tarrant Pkwy Addition; located on 1.709 acres at 8950 North Tarrant Parkway. Current Zoning: C -1 Commercial. Clayton Comstock said this case is where the old Eckerds site at the southeast corner of North Tarrant Parkway and Davis Blvd. Eckerd Drug Store constructed the property back in 1999, which was bought out by CVS and consolidated all their stores, therefore this property closed around 2003 to 2004. This is the first serious applicant that has come forward for use of the property since then. The applicant is proposing to improve the existing dumpster; pharmacy canopy on the east site will be improved and demolished for an ambulance "sally port" as part of the emergency clinic use. The west facade will be improved, the south side will have a new enclosure for a generator, April 19, 2012 P &Z Minutes Page 5 and the north side will lose some existing parking spaces and in return put in a drop off canopy for patients. No additions to the west side are proposed, but the hard corner of Davis and North Tarrant Parkway there is an existing pole sign that will be removed to comply with the sign ordinance. In its place will be two monument signs at each entrance. The elevations show a total reface of the north side with a larger parapet roof, all stone work will be replaced with masonry product. They do intend to come in with pilasters along the west facade and some wainscot stone work. The building material chart provided on their elevation sheet shows that the use of EIFS is being decreased and the use of masonry products is being increased which is in compliance with the ordinance. Mr. Comstock said staff asked the applicants to match or exceed the landscape plan that was previously approved by the previous applicant and they have done so. They are replacing a number of trees that have died throughout the years, adding new landscaping to the east side, replace all dead shrubs in the front and add new trees as well. The Davis Blvd. frontage is required to have a 15 ft. landscape buffer, it was not required at the time of the previously constructed site, but is now in place. With the amount of improvement and consideration of the SUP, the landscape requirements are now applicable to this site. There is an existing 10 foot buffer where a 15 foot buffer is required, the applicant has agreed to increase it to 15 feet, it is not represented on the site plan submitted, but will be represented on the site plan moving forward to City Council. They have eliminated 3 parking spaces and shifted some around to gain the 15 foot landscape buffer. The existing buffer around North Tarrant Parkway is 10 foot as well, but there is such a large parkway for North Tarrant Parkway between the property line and pavement, that we consider that sufficient enough to meet the requirements. This revision will be going forward to City Council and they have met staff recommendations. The special use for an emergency clinic, Mr. Comstock said, will start of from a 10:00 a.m. to 10:00 p.m. type use, but by state mandate they are required in 2013 to move to a 24 hour facility. At that time it will be a 24 hour, 7 day a week facility. There could be ambulance visits; their primary business model is to treat patients unless they needed to be transferred via transfer service to another hospital for extended care needs they could not provide. Staff is support of the use of the business, because it is bringing a use that has been vacant for some time, they are increasing the landscaping and improving the building as well. Michael Clark, 6750 Hillcrest Plaza, Ste 325, Dallas, TX, came forward representing Winkleman and Associates. He said he wanted to add to Clayton's presentation that the facade upgrades will be mostly on the north side, but the entire building will be painted and matching the same color scheme on all sides. The landscaping will be completely upgraded, the parking lot re- striped, pole sign removed and replaces with monument signs to comply with the new ordinance. He apologized for not having the landscape requirements on the plans but will have it on the ones for City Council. Regarding ambulance parking, there will not be stored for overnight parking, only for patient drop off. We do not have our own ambulances. We request approval of the site plan as presented. Steven Cooper asked about business service and what type of care will be provided? April 19, 2012 P &Z Minutes Page 6 Dr. Robert Rankins, ER physician came forward stating that E -Care was started in 2003. We are an emergency department without the hospital. We have been licensed with the state and provide the same services offered in any hospital. We can take ambulances or any other walk -ins. Steven Cooper asked if patient walk -ins would come in the front door and ambulances on the east side door. Is there separate entrances for walk -ins vs. emergency vehicles would go. Michael Clark said the ambulances will go to the southeast corner where the old pharmacy drive through was located, walk -ins or drop offs that are not ambulatory, will come through the main entry on the north side. Chairman Shiflet asked Dr. Rankins on average how many ambulances might be coming and going per day? Dr. Rankins said that would vary. In McKinney, for example, maybe one per year. But the reason for that is because it is a political thing. The local hospital is the EMS directorship and they direct where those ambulances go. So it would depend on the EMS system here wanted to utilize us, since there is not a hospital within a 5 mile radius. We would be happy to help with the lower acute patients if that helps them get back on the streets sooner. The state requires is to avail ourselves to the EMS and we want to do that. Chairman Shiflet asked about private transport service vs. our city owned ambulance service. Dr. Rankins said only the very critical patients who might be having a stroke and need the stroke team available or an acute MI that needs to go straight to the Cath Lab, those are the only instances we would call 911. Otherwise everyone else is stabilized in our facility, if they need to be admitted or transferred; we call for private non emergence transport. There would be very little usage of the local services as far as pulling them off the street. Chairman Shiflet asked Greg Lindsay if Fire Station 1 has an ambulance by this location. Greg Lindsay said Fire Station 1 does not have an ambulance staffed on a regular basis, the other 3 stations do. The closest ambulance would come off the Hightower Station 4. Chairman Shiflet asked Dr. Rankin for more clarification on numbers and how the company operates. Dr. Rankins said for instance, if in McKinney where our busiest center is at, if the local EMS directors from the hospital would utilize us, we would probably see 2 -3 ambulances per day based on the average traffic there. Since this doesn't occur it is hard to give true number. April 19, 2012 P &Z Minutes Page 7 Steven Cooper asked what kind of staffing is typical in the location. Dr. Rankins said there is always an ER physician on site, 2 RN's , 1 LVN, 1 -2 techs for Radiology and Lab, 2 Registration, and depending on the hour of the day, a P.A. for extra assistance for the doctor. Mike Benton asked if appropriate parking lot lighting is in place when they open 24 hours a day in 2013 or do we need to look at it during this time? Michael Clark answered and said there is adequate lighting, it only needs to be timed appropriately. Chairman Shiflet asked if anyone else wished to speak for or against. Seeing none, he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve SUP 2012 -02 with staff recommendations of the 15 ft. stipulation of the landscape buffer. The motion was seconded by Steven Cooper and passed unanimously (5 -0). 12. AP 2012 -01 Consideration of an Amended Plat for Lot 3CR, Block 1, Northeast Crossing Addition. Being a revision of Lot 3C, Block 1, Northeast Crossing Addition located at 9121 Boulevard 26. Current Zoning: C -2 Commercial. Clayton Comstock said the purpose of this plat is to dedicate a few utility easements as well as abandon an access easement. The existing lot is adjacent to Kroger in the Northeast Crossing Addition. Office Depot has been approved for a new construction addition to that center, but with that site plan approval they will be building over what is an existing access easement for Kroger's access door on their southwest side of the building. They are basically reducing the size of the access easement to allow for the construction of the Office Depot and adding some utility easements. Staff recommends approval. Roger Hart, 6080 S. Hulen, Fort Worth, TX, with Area Surveying came forward to answer any questions. With the rush to get Office Depot we didn't complete all the details and now taking care of these items. APPROVED Don Bowen motioned to approve AP 2012 -01. The motion was seconded by Mike Benton and passed unanimously (5 -0). April 19, 2012 P &Z Minutes Page 8 • 13. PP 2012 -01 Consideration of a Preliminary Plat for The Hometown Canal District Addition, on 35.781 acres located in the T.K. Martin Survey, Abstract No. 1055 and the L.C. Walker Survey, Abstract No. 1652. Current Zoning: TC Town Center. Clayton Comstock said this is a request from Arcadia Land Partners for a Preliminary Plat for Hometown Canal District which is east of the lakes 35.781 acres. The area is north and west of Bridge Street and east of the lakes, south of Mid Cities. As part of the Town Center Zoning District any development is required to come forward with a concept plan to the DRC for certification to ensure it is consistent with the Town Center Regulating Plan which is the overall zoning for Town Center. The DRC has reviewed and approved this concept plan, it is conceptual, so they would still come forward with this Preliminary Plat and also a Final Plat before they could they could do any construction. This considers 64 single family lots, 113 town home lots, 1 multi - family lot which could house up to 260 multi - family units and 8 open space lots which total about 13% coverage of the area of 35 acres. Phase lines provided by the applicant show the first phase of development will be the multi - family component between Mid - Cities Boulevard and a proposed first —phase completion of Ice House Drive. The other Phases are yet to be determined at this time. Regarding the single family or townhome portion there is an optional lot layout they have made a recommendation for. Staff is ok with approving the recommendation, but it will be determined at the time of Final Plat by Planning and Zoning Commission and City Council. The southern portion of the property shows all townhome and single family lots and all street type and lots are constant with the Regulating Plan for Town Center so it does meet the zoning. The applicant has identified one lot that might have options for layout and lot configuration. Staff is in support of simply allowing these as options at this point, then moving forward at Final Plat with a decision. Staff recommends approval. Don Bowen asked how many multi - family lots can be approved before they are required to start building single family according to the ordinance. John Pitstick answered on this phase 260 units is the maximum. The phase on the south side is owned by a different develop and there is a requirement where they can only build up to 315 units of multi - family before they can build single family. They are going to build the multi - family first. Don Bowen asked if they can come in separately and do their multi - family before the next phase. John Pitstick said yes they can. Jeff Miles, JBI Partners, 16301 Corum Drive, Addison, TX, came forward to answer any questions. We are in agreement with the staff report. April 19, 2012 P&Z Minutes Page 9 APPROVED Steven Cooper motioned to approve PP 2012 -01 with stipulation of alternate layouts recommended by staff. The motion was seconded by Don Bowen and passed unanimously (5 -0). 14. SDP 2012 -01 Public Hearing and Consideration of revisions to a Special Development Plan for Lots 1 and 3, Block 1, Meacham Addition, located within the Smithfield Transit Oriented Development Zoning District at 6333 Smithfield Road and 7828 Arthur Drive. John Pitstick came forward stating this is a Special Development Plan in the Smithfield Transit Oriented Development in which Michelle Thomas received approval on January 10, 2011 for interim office uses, including the conversion of a single family house for 18 months. The property is located at 6333 Smithfield Road on the northwest corner of Mid Cities and Smithfield Road. The Special Development Plan stipulated that by June 1, 2012 the existing residential houses on Lot 1 and Lot 3, Block 1, Meacham Addition would be demolished or removed and construction plans would be submitted for a series of new mixed use buildings with access off of Arthur Drive. Ms. Thomas is now requesting an extension for 12 months, or until June 1, 2013 to begin construction of a mixed use building on the northwest corner of Smithfield and Mid Cities Boulevard. John Pitstick continued saying Ms. Thomas is requesting more time to remedy a deed restriction that was discovered on the Meacham Addition deeds that disallows commercial development. We have seen this in other cases where properties were originally platted in the 1940's or 1950's and they put stipulations on there. It can be legally removed however. The city attorney says as long as the zoning is proper and has been zoned for TOD, the city does not have a problem. It is typically an issue with the lending agency and shows up as a deed concern. She is proposing to build the initial phase on the middle lot and proposing to build town homes at a later date. Staff has reviewed this and is in favor of the proposed plans as long as they meet the requirement of the TOD code and can proceed with demolition and construction of new buildings at any time without another special development plan. The current plan was to allow her to occupy the converted house as an office building without having to seek further P &Z and City Council approval. But at this time, staff recommends denial of the proposed extension because we have not seen any progress made on this development. It would also require her to convert the office back to single family with the removal of all signs by June 1, 2012 or face zoning violations or related fines. She has the opportunity to move forward to request this extension. Michelle Thomas came forward stating she had sent letters to the commission for plans to go forward with more detailed plans and tried to close on the properties. But in September 2011, the bank's title company found deed restriction issues with this area. (she submitted to the commission copies of the deed restrictions and letter from the bank). The documents from the bank state they do not want to lend money with clouds on the title. She has talked to several attorney's and they said it would take at least April 19, 2012 P82 Minutes Page 10 • nine months, not more than two years, to go through the process of the public notifications in newspapers, looking for the heirs, then filing a proper dissolution of the deed restrictions. This is the reason she has not gone forward with demolishing the buildings because financially it would not make sense to do this if some heir comes to claim their right to the property. The information on the documents also says the lots were sold as single family residential only and if they ever change, they are reverting back to the heirs or sellers. She said on Arthur Drive, we are going to build a four- plex multi family townhome. The bank said this is classified as a commercial loan; therefore the title is a problem. On the other corner of Smithfield it is multi -use and it is considered commercial and residential so it would bring the title issue up again. Again, the letter from the bank states it would be to the developer and bank interest not to build and have some unpredictable and unknown potential claim against the property that would cause a financial risk. Ms. Thomas stated she still wants to work on the corner of Mid Cities and Smithfield and move forward with the building. If someone doesn't work with this issue, even someone with deep pockets who doesn't need a bank, would still have the same issue with the deed. She said she believes with the extra year, according to the attorney this could be resolved and would help the TOD Core. She said there is another piece of property on Precinct Line Road that has the same restriction. The corner has been a very good corner for business; she keeps it very nice and lit up and good for the community. The clients say they like the convenience of the location and employ two people who would lose their jobs if she has to leave this property. The architect is also here to answer any questions about the development. Don Bowen asked since the deed restriction problem arose in September, how far along in the process are you in getting is resolved. Michelle Thomas said she already owns the corner and has title policy on it. The claim was turned in December. From September it held up the closing through December, and then the bank said they would not close. She put in another claim through Alamo title and it took their lawyers three months to send a letter stating there was nothing they could do to move forward until one of the heirs actually made claim. I've had to hire my own attorney to clear up the issue and if I'm granted time I will get this cleared up. Don Bowen asked if she had even begun the process of clearing it herself. Michelle Thomas said she has hired the attorney and he is coming to City Council next month. Chairman Shiflet asked if she has already purchased Smithfield and if it has the title issue as well? Michelle Thomas said yes, but it wasn't found, so she is covered for the part she paid on that when she initially bought it only to the amount of that title policy. They didn't find it at that time. She said the heirs should have come forward but they have not and she does not know what their statue of limitations is in coming forward. April 19, 2012 P &Z Minutes Page 11 Chairman Shiflet asked for those wishing to speak for or against to come forward. . Kevin Murphy, 7813 (primary residence) and 7805 Arthur Drive came forward stating, he also maintains property for absentee landowner (7804 and 7800). He is against the development and business entrance on Arthur Drive due to traffic on their residential street. He supports the entrance from Smithfield or Mid Cities road only. Glenn Willis, 7820 Arthur Drive stating he is against the development and extension. He states what she wants to do now is not the original plan and is not thinking about the needs of the neighborhood; he is against the business entrance from Arthur Drive and drainage issues. Alvin Cobb, 7829 Arthur Drive, is against the development and business entrance from Arthur Drive due to traffic issues, drainage issues, stating the plans she submitted are incorrect and he questioned what her building plans were. Chairman Shiflet clarified that tonight the request being presented is for an extension only, that building code and parking lot issues would be addressed during the permit process if approved. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny SDP 2012 -01. Mike Benton seconded the motion and it passed unanimously (5 -0). 15. SUP 2012 -01 Public Hearing and Consideration of a Special Use Permit for a Gas Drilling /Production pad site on property described as Lot 5RA, Block 3, Industrial Park Addition; located on 2.027 acres at 6401 Browning Drive. Chairman Shiflet opened the Public Hearing for SUP 2012 -01. John Pitstick came forward stating this is an SUP application from Chesapeake Energy for a gas drilling and production pad site located on Browning Drive. They are proposing to drill up to 10 gas wells from this site. SUP approval for gas well pads are required on all non - residential properties with appropriate technical and safety plans and a master development plan indicating how the proposed gas well site will not prohibit or hinder future development on prime non - residential properties. This SUP only includes potential approval for a gas well pad site. Specific gas drilling and production permits would be issued by staff and the Gas Board would be responsible for deciding any setback variances through a public hearing process on all gas wells that fail within 600 feet of any habitable structures. A 150 foot "no build" zone April 19, 2012 P&Z Minutes Page 12 • easement outside the boundaries of the pad site is also required and being established. Late this afternoon we have received four letters from mineral owners that are outside the area of the no build zone, by email we have received 26 mineral owner cards that have been signed in the area that would be within the pool for drilling. There are 19 homes within the area of the 600 feet. The consent document in your packets basically reads "I understand that the current gas drilling and production ordinance of the City of North Richland Hills requires all gas wells to be drilled 300 feet from any residence, religious institution, public building or retail." The correction should say 600 feet. The consent letter also says "but allows the property owners of such uses to consent to drilling of gas wells to occur closer than 300 feet." It does by permission from the property owners and they are consenting to those. There is extensive information that is required and there are 11 different documents included in the packets. Mr. Pitstick said typically the staff would approve the gas well site for technical reasons; this is for the zoning request. We have requested that the proposed masonry wall fit into the neighborhood which is appropriate to the existing wall. The truck and transportation route is being proposed off of NE Loop 820, down Iron Horse Boulevard then up Browning Drive. We understand the Iron Horse Boulevard will be under construction so there is a secondary route from NE Loop 820, to Rufe Snow. They are proposing the connecting pipeline connection on the Southeast side of the railroad. The phasing would include the initial pad site to be constructed with the masonry walls, then after the drilling of the wells they are putting in the landscaping. They do show on the master plan there could be other offices or uses on Browning. The Rick Pad Site provides technical and safety plans being provided for the master development plan along Browning to potentially be screened, significant improvements are being made to the site above typical gas well site regulations in an effort to mitigate aesthetic concerns. While we do have the consent letters we encourage property owners within the 600 feet to hear their concerns so they can be addressed. They would need to be resolved through the public hearing process. However, staff does not support gas well setbacks less than 150 feet from property boundaries or public streets in an effort to maintain minimal safety distances. Based on the current Rick gas well pad site, City Staff does not support this SUP request unless the following stipulations can be met: (1) the single family property owners within 600 feet of all proposed wells have input and any appropriate aesthetic concerns be addressed as part of this SUP approval, (2) A minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, (3) Maximum number of gas wells is 10 (4) SUP is restricted to 5 years from the date of approval. Staff feels this is a neighborhood that could be appropriate if all the citizen concerns are addressed. At this time Staff recommends denial as it is presented, but would approve if the stipulations are met. Jenna Waters, Public Affairs Manager for Chesapeake Energy, 100 Energy Way, Fort Worth came forward stating she also has many staff members here for technical support as well. We appreciate the opportunity to present the application for the SUP for the pad site, a private property at the northwest corner of Wuliger Way and Browning Drive. It does have a 10 well capacity of the pad site, 5 of the wells would go April 19, 2012 P &Z Minutes Page 13 in to the Cult Unit, and 5 would go into the North Richland Hills unit upon their drilling. We are seeking Special Use Permit for the Rick Pad Site. We currently have other pad sites available for drilling minerals; however with the Rick Site we would be able to access the Colt and North Richland Hills units. The 300 foot radius around the Rick Pad Site and the 600 foot radius as discussed by Staff with the 100 foot radius. We do have consent letter and letters of support from 18 of the 19 homeowners within the 600 foot radius. One of the homeowners on the map has moved out and did not feel compelled to sign a letter of support not living there. There is a new homeowner taking possession but has not yet signed the mortgage, but we have a verbal commitment that he is in support. These letters would be for support for the Rick Pad Site where it is presented to you. Ms. Waters continued saying since TXDOT is taking the Iron Horse Bridge down prior to the completion of the build and drill of the well bores, we are recommending that we use alternate transportation route B. In talking with the City about the Rufe Snow route, since it is already and existing and neighboring industrial use, so it would be wide enough for the trucks to travel through to develop the pad site. The Rick Pad Site is a 10 well capacity as recommended by the City and we have over 1600 family, schools, churches, businesses with over 586 acres units in the Colt Unit and 552 acres in the North Richland Hills unit. We want to indicate to you are immediately going to start drilling at the end of summer 2012 on two of the well bores. We are just asking for the SUP for this pad site tonight knowing we need to get approval for the actual wells. Ms. Waters said they will have a landscaping and masonry plan approved up front and both will be initially installed during the initial construction phase as added as an amenity for the neighborhood view. We also have a concrete road to the pad site that will go up from the road to the gate with an 8 foot masonry wall. We would prefer to plant the trees and shrubs in the fall as apposed to the heat of the summer, but with our proposed drilling schedule it will be nearly immediately after the construction of the pad site. Some of the beneficiaries of the pad site are City of North Richland Hills, City of Watauga, City of Haltom City, Birdville ISD, Community Enrichment Center and Watauga First Baptist Church and there are support letters from some of these beneficiaries. All the residents of NRH benefit from the local taxes. Ms. Waters said in closing we are requesting your approval of the SUP to develop the Rick Pad Site and develop the minerals for the people in the Colt and NRH Unit. We know the City of NRH and BISD have benefited from natural gas drilling from Chesapeake and hope to continue the relationship with approval. Chairman Shiflet asked if the proposed fencing was 8 foot on all sides. Ms. Waters said yes it is and it will match the existing masonry walls currently in place. Don Bowen asked about the 5 year restriction from staff and if Chesapeake meets that requirement? April 19, 2012 P &Z Minutes Page 14 Ms. Waters said they cannot guarantee that is this economic market with gas prices. We would like to drill them and be responsible owners of the minerals and produce them effectively, to guarantee that would be irresponsible. But we do anticipate the economic market to improve and we would anticipate being able to drill as that market dictates. But we would not be in favor of the 5 year restriction. It is not something we are accustomed to in NRH and we have had a long standing relationship here. Don Bowen said is there a way to put the quiet rigs on this site as it would benefit the residents to do so. Ms. Waters said right now we anticipate having one of the lower profile Nomak 144 Rigs on the site which is a lower profile rig on an electric compressor and one of the quieter operations. In addition, we would like the pad sites to the approved as presented. We understand there is an easement and right of way issue with the road, but we always try to be a good neighbor. We understand that it is a public street and we need to keep the variances out of play, but with a sidewalk going in, all the landscaping, proposed fire hydrant, concrete drive it is really going to be an asset to that corner and we would prefer it be closer to the road. Edward Sorola, 5608 Sawgrass Court, came forward stating he is not in support of the gas well site and only signed the consent letter because he felt pressure to do so. Concerns that he has are visibility, noise, accidental emission of diesel fumes, hazardous air pollutants, potential for damage to home, losing the enjoyment of property, issues with the sale of my home. If the commission decides to recommend approval then I ask that you do so under the following conditions: (1) Chesapeake plant mature evergreen trees and shrubs of sufficient height and longevity to block the drilling rig and sound barrier from visibility from front of home, water and maintain them throughout operations (2) expedite drilling of wells within 2 years of the pad site (3) use sound barrier during all drilling and frocking periods, then be removed if there will be a period of 60 days or more during which neither will occur) (4) use electric drilling equipment whenever possible to reduce diesel exhaust (5) provide third party air quality monitoring against accidental release of dangerous air pollutants and monitor for excessive earth vibrations during the phases (6) Chesapeake be required to notify all residents of the dates that frocking and completion will occur with at least one week advance notice. Shelly Lybyer, 6332 Pinehurst Drive, did not speak but against the drilling. Judy Simpson, 6312 St. Andrews Drive, against the drilling due to the traffic concerns with the tearing down of Iron Horse Bridge and new apartments being built across from our subdivision. There are only two entrances in and out of the subdivision and this will create a huge traffic concern and emergency vehicles will be unable to get in if needed. Leon Glenn, 6312 Pinehurst Drive, did not speak but against the drilling. Dave Riska, 5617 Southern Hills Drive, came forward asking why would it take 5 years to drill and if the sound curtains are going to let up, safety traffic concerns on the corner of Browning for emergency vehicles. April 19, 2012 P&Z Minutes Page 15 Bill McDowell, 5616 Sawgrass, is for the drilling and signed the consent agreement. He would still like to see some accommodations for the neighborhood from Chesapeake. More substantial landscaping than what has been seen at other sites, sound barriers being removed when not drilling so we don't see the brown material, time period to be reduced from 5 years to a more reasonable time. With the backyards that right up against the site, we would like to see more screening other than existing vegetation. Belinda Alles, 5001 Denton Highway, representing NE Chamber of Commerce, is for the drilling in our area. She is support of the proceeds from the drilling because of the way they give back to the community. Scott Correll, 5618 Southern Hills Drive came forward asking do you live within 150 feet of a well site and would you feel the same way about their donations. Jeffrey Modiyill, 5620 Sawgrass Court, is against the drilling, feels it is being forced upon the citizens. He would like to see the concerns addressed if approved. Kevin Palmer, 6341 Pebble Beach Court, not apposed to the pad site, but if it is approved the consideration given to the aesthetics, sound barrier, landscaping. Don Bowen asked Staff if we can restrict Chesapeake to electric rigs. John Pitstick said you can put stipulation on the Special Use Permit. Don Bowen asked Chesapeake if the heavy equipment from the site will affect the retaining walls to the residents who back up the sit. There was a general discussion about the location and size of the retaining wall. Jenna Waters with Chesapeake said to her knowledge she is not aware of where our equipment has caused damage to the retaining wall during operations. Julie Jones, Civil Engineer with Chesapeake, said the edge of the pad site is 150 feet away from the retaining walls and generally there is not going to be a concern with the retaining wall from that distance. As the remaining property develops if there is a parking lot goes in, the developer would look into at the time. Steven Cooper said since there are so many concerns with the sound barriers, is it practical that they can go up and down during the drilling operations. He asked if there is a typical time frame for the walls going up and down. Jenna Waters said there is nothing typical and every well site is different depending on their operations. Julie Jones said it is hard to say when they can go up and down, it depends on availability of the fracking crews and it is difficult to make it to all the sites in time. If we hit the 60 -90 days after we drill, then we can take the sound walls down at that time. If April 19, 2012 P &Z Minutes Page 16 • it is longer than that, since we are renting them from other companies they are waiting for their completion so we try to get them down as soon as possible. Chairman Shiflet said the sound walls are not a requirement of the City that is just something that Chesapeake has done. Mike Benton asked about the landscaping and if they would be apposed to putting in larger trees on that west side that backs up to their property. Julie Jones said that is something we can consider. The existing vegetation will stay in place, the pad site sits about 20 feet higher at least from the back of those peoples properties so we felt that the 3 in caliper trees along with the shrubs will be sufficient along with the 8 foot masonry wall. Mike Benton asked again if they would consider 4 inch caliper instead of 3 inch. Jenna Waters said the landscaping for the plans is more comprehensive than the city ordinance requires so we have already taken that into consideration. Julie Jones said since we do not have a true rendering it might be helpful to have that at City Council since people are not used to looking at the civil plans. Jeffrey Modiyil, 5620 Sawgrass Ct, asked about the case of damage and who would be responsible for it? Chairman Shiflet said any damage would be civil and an attorney would have to advise on. Edward Sorola came forward saying the retaining wall and trees would not be sufficient as proposed. Scott Correll came forward asking Chesapeake about how they are going to handle the traffic matters and concerns. Jenna Waters said they understand that our community and others are in a unique situation with the construction and expansion of the roads. The transportation proposed is the recommended route from the City Staff and is the best for route for the duration of the build. There will not be a continuous line of trucks that will be stopping traffic. There can be a traffic count provided if needed. Chairman Shiflet said he thinks that a traffic count might be something needed before it goes to the City Council and a rendering of the west masonry wall. Ethan West 5716 Hilton Head Drive came forward and is in favor of the drilling. He has one concern with heavy rains due to the run off from the site so it will not go into their backyards. He asked if they would consider a masonry wall instead of wood on the east wall. April 19, 2012 P82 Minutes Page 17 Chairman Shiflet announced there would be a 10 minute recess and meeting would resume at 9:25 p.m. (Break) Chairman Shiflet resumed the meeting at 9:25 p.m. Mark Tucker, 6308 Inverness, came forward stating concerns with traffic on Browning; emergency vehicles not being able make the calls with big truck traffic. He asked that they might consider turning down Browning off Rufe Snow to avoid traffic issues. Terry Barnhard, 5614 Valhalla, came forward stating he is in support of Chesapeake and the pad site, but has concerns about landscaping, safety and traffic issues. He said when there is an accident on 820, then everyone comes across Denton Highway, up Browning goes behind Walmart then picks up Iron Horse to cross. The intersection of Browning and Iron Horse is not wide enough for the traffic. Judy Simpson asked about water disposal and where will it be disposed? She asked if the property of the Rick Pad Site is owned or leased by Chesapeake. If owned, then why can't Chesapeake have everything landscaped to Browning? How many permits has the City of NRH already issued where a pad site was within 150 feet of residential properties? Chairman Shiflet said he would let Chesapeake address the water disposal. He said what they inject in and bring back out they truck off. There has not been any issues with the 50 plus we have had drilled so far. He said any concerns to the improvements and other issues brought up tonight are not what we are here for tonight; it is only for the consideration of the pad site. Kathy Luppy said as a member of the Gas Board of Appeals, this is all going to be addressed at least two more times. This is not the last time these issues will be discussed. Staff has worked with Chesapeake and our Board for about 4 or 5 years, and always works out the concerns with the citizens and City concerns. Chairman Shiflet said one thing that has made North Richland Hills unique is that we only deal with Chesapeake unlike some of the other cities that deal with several companies. More importantly our Fire Department has our own gas inspectors that are city employees as apposed to third party and contract inspectors. If you call with any complaints you get a City of North Richland Hills fire fighter that comes to investigate the complaint. The Mayor and City Council set up the Gas Board of Appeals many years ago. He and Kathy Luppy have been serving on this board as Chairs of two different Commissions and had given us a unique ability that other cities have not had. What we are looking at tonight is strictly what we are going to recommend or not recommend to the City Council as far as Chesapeake's request at this time. If the City Council approves our recommendations, then before Chesapeake can do anything, there will be more Public Hearings before the Gas Board of Appeals. John Pitstick said there are no permits within 150 feet of the wells because we do not allow that. We have a 600 foot rule that could go down to 150 feet but there have been April 19, 2012 P&Z Minutes Page 18 no structures that have approved. From the wells site we currently have a 150 foot no build zone requirement. There is a 600 foot requirement; some have gone down to 300 feet but nothing below that. There was a general discussion about the 300 feet and other well sites in the city. Edward Sorola spoke about the distances between the site and homes. Scott Correll spoke about the distances between the site and homes. Leslie Hernandez, 5709 Southern Hills spoke being in support of the drilling. Chairman Shiflet asked Caroline Waggoner to address the traffic concerns on Browning and if trucks could come in and cross Iron Horse instead of trying to make the hard right on Browning. Caroline Waggoner said that shouldn't be an issue as the City has looked at some different striping geometry in that intersection over the years to accommodate the traffic and it could be that we have some radii at the corners that need to be modified for the turning movements, but not aware of any issues of the straight through traffic. There was a general discussion about the traffic issues on Browning. Terry Barnhard asked about the alternative plan on truck routing and asked that the traffic concerns be addressed. He said between Tyson and the mattress company trucks it is already an issue. Mark Tucker said he has concerns about traffic and emergency vehicles getting to their homes and concerns of tremors from the fracking. Chairman Shiflet asked if anyone else wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Mike Benton motioned to approve SUP 2012 -01 with the staff recommendations that single family property owners within 600 feet of all proposed wells have input and appropriate aesthetic concerns be addressed as part of the SUP approval, a minimum of 150 foot setback be established from all proposed gas wells to adjacent property lines and public streets, maximum number of gas wells is 10, SUP restricted to 5 years from the date of approval. In addition, the traffic counts and landscape rendering be brought to the City Council. Also to include Browning Drive as an option to transportation. The motion was seconded by Kathy Luppy. The motion passed (4 -1). Don Bowen opposed. April 19, 2012 P&Z Minutes Page 19 16. Adjournment There being no other business, the meeting adjourned at 9:50 pm. Chairman Secretary 00# 40e e-- ,19: 1.45 44-194 " - * / Randy Shiflet Don Bowen April 19, 2012 P&Z Minutes Page 20