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HomeMy WebLinkAboutPZ 2012-10-18 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS OCTOBER 18, 2012 A.1 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:04 p.m. A.2 ROLL CALL PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Don Bowen Mark Haynes Ex- Officio Jerry Tyner ABSENT Steven Cooper Mike Benton Kathy Luppy CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg City Engineer Greg Van Niewenhuize Fire Marshall Captain Greg Lindsey Recording Secretary Teresa Koontz A.3 PLEDGE OF ALLEGIANCE Jerry Tyner led the Pledge of Allegiance. October 18, 2012 P&Z Minutes Page 1 B.1 Consideration of Minutes from the September 20, 201.2 Planning & Zoning Commission Meeting. APPROVED Bill Schopper motioned to approve the minutes from September 20, 2012 as proposed. The motion was seconded by Mark Haynes and passed unanimously (4 -0). CA PP 2012 -04 Consideration of a Request from Kathleen Marthe for a Preliminary Plat of Lots 25 -31, Block 6, Glenann Addition located on 2.227 acres at 8620 Amundson Drive. Kevin Miller, 6301 Ridglea Place, Fort Worth, TX came forward requesting a Preliminary Plat for the Glenann Addition. Clayton Comstock said this request for Kathleen Marthe for approval of a Preliminary Plat for seven lots which is broken up into two phases. Phase one will be four lots on the south side and three lots on the north side of Simmons. The 2.27 acre property is located at the corner of Amundson and Simmons. One existing single lot is zoned R -2 Residential. The Preliminary Plat for the seven lots does meet the R -2 residential zoning regulations as well as the subdivision regulations. Staff recommends approval of this request. This would have to come forward with a Final Plat after approval of tonight if they want to continue to subdivide and file the plat. Chairman Shiflet asked about the comment discussed during the Work Session and the Developer Agreement and if it would be a part of this request for the Final Plat. Clayton Comstock said any type of Developers Agreement with respect to the rough proportionality with this plat would be part of a Final Plat approval process. The Developers Agreement could perhaps have an out written into the agreement if the street were to be defined as a rural road that did not require curb and gutter, then they would be reimbursed or refunded they money they paid for the rough proportionality. Greg Van Niewenhuize said this had been done on the Clift Addition and it is our City Attorney who drafts these types of agreements. Chairman Shiflet said he realizes we don't have the authority to do this, but if Staff can work with the applicant and the City Attorney to include this with part of this request or the Final Plat, or whatever is appropriate. Greg Van Niewenhuize said we actually have the agreement worked out, so by the time it goes to City Council we have the applicant's signature and are just waiting on Council approval. APPROVED Mark Haynes motioned to approve PP 2012 -04 as proposed. The motion was seconded by Don Bowen and passed unanimously (4 -0). C.2. RP 2012 -08 Public Hearing and Consideration of a Request from Jack Roach for a Replat to create Lots 20R and 21 R, Block 12, North Richland Hills Addition (Second Filing) on 0.8035 acres at 7304 and 7308 Deville Drive. Ernie Hedgecoth, 7501 C Midway, Fort Worth, TX, Consulting Engineer for the applicant and Jack Roach, applicant came forward stating they have met with the City and have met all the requirements for the replat. The applicant wants to enlarge his lot by twelve feet to make a garden on the side of home. Clayton Comstock came forward stating Jack Roach is requesting approval of a Replat to shift the lot line on Lots 20 and 21, Block 12, North Richland Hills Addition (Second Filing) located at 7304 and 7308 Deville Drive. The location is east of Blaney Avenue and west of Cummings Drive. This meets the Zoning and Subdivision Ordinance and Staff recommends approval. Chairman Shiflet opened the Public Hearing and asked if anyone wished to speak for or against, seeing none he closed the Public Hearing and entertained a motion. APPROVED Bill Schopper motioned to approve RP 2012 -08 as proposed. The motion was seconded by Mark Haynes and passed unanimously (4 -0). C.3. SUP 2012 -05 Public Hearing and Consideration of a Request from Chesapeake Operating, Inc. for a Special Use Permit for a gas well pad site on 1.962 acres at 7100 Davis Boulevard. Leah King, Chesapeake Energy, 100 Energy Way, Fort Worth, TX came forward with a request for gas well site at 7100 Davis Blvd, 1.962 acres south of Hightower and north of Odell. The pad site has the capacity to accommodate up to 14 wells. There will be two units that can be developed from this site. Eight would go into the Grove unit; six would go into the Anejo unit. We are seeking a Special Use Permit for the site. Ms. King gave a Power Point presentation of the existing gas well sites around the city. The unit that can be developed on the north side is called Grove, a little over 400 acres, the Anejo unit is 474 acres. There is about 84 % lease hold is acquired in this area. Several years ago there were some homeowners who formed Net Glow and negotiated with two different operators and selected Chesapeake as their operator. That is why the lease hold percentage is so high in this area. There are about 300 leases left to get out of 1900 properties that in these two areas. The site would have an entrance off of Davis Boulevard on the north side with a concrete approach. There was depiction of the existing trees on the site along with the new trees that would have to be added. There would be 150 feet of barrier and brush from the homeowners view, including existing and ones we would have to plant in order to maintain the nice buffer between the properties. There would be a masonry wall similar to the one at Tarrant County College site. There are concerns about the tree removal and because of the 150 feet no build easement requirement will are farther to the west, away from the neighbors and their view will not change. Any other development would likely, especially if it were a retail establishment would be backed up farther into the property leaving room for parking lot and driveway. There is electricity at the site so we would be able to run an electric rig on this site. We are respectfully requesting the approval of a Special Use permit for the Anejo pad site and please consider the benefits of the wells to the community, revenues from local and state taxes, royalties for area mineral owners as well as local work force and businesses. John Pitstick came forward stating Chesapeake Energy has made application for a Special Use Permit for 1.962 acre gas drilling production pad site on property at 7100 Davis Boulevard. Chesapeake currently has seven operating sites within the City of North Richland Hills, five of those existing well sites were approved by Staff with setback variance approvals by the Gas Board of Appeals. The TCCD and Rick gas well pad site were allowed by SUP approval. The SUP process is required because City Council wanted to see the proposed sites not to over burden the site making sure they can work into other developable sites. The Rick site has space in front of it for future developments. The property is currently zoned Community Services which is typically appropriate for retail, office and restaurant uses. The primary reason behind requiring an SUP for a gas well site in a zoning district other than Agricultural or Residential zoning districts is to protect property in the "other" districts from being burdened with long term gas well sites that could diminish the ability to fully develop the property. The SUP process cannot relax any of the regulations and as such, approval of an SUP does not grant any variances to the requirements mandated by Chapter 104. It basically allows for approval of a gas well site, any future 1 site would have to meet those requirements. Currently there are 40 single family homes within 600 feet. Staff has notified all properties within the 600 feet as part of the SUP process and is welcoming comments from affected properties as part of this SUP process. We do have 14 letters of approval from property owners. We have plans in the back of the room for anyone who would like to review them. We are not against gas wells; we have had a great working relationship with Chesapeake. We also have Captain Greg Lindsay with our Fire Department who serves as our Gas Inspector and Greg Van Niewenhuize with Public Works if there are questions about grading, etc. Mr. Pitstick continued saying based on previous approvals of the existing seven gas well sites, no gas drilling set back approval has been granted without consent of all property owners within 600 feet of proposed wells. The site is heavily wooded and has a lot of topography. It is only proposed for the gas well site, no additional development is proposed on this site. There was a Power Point presentation of the Conceptual Development Plan, Drilling Site Plan, Production Site, masonry wall details, drainage area, transportation route, and landscape plan. Mr. Pitstick said the staffs recommendation that the proposed Anejo Special Use Permit be recommended for denial by the Planning and Zoning Commission because the use and site plan does not meet the spirit and intent of the Comprehensive Land Use Plan. We want to hear from the surrounding property owners within 600 feet have input and make sure appropriate concerns are addressed. At this point there are 14 letters of support with 1 letter of opposition. They are proposing a valve station site at the front of Amundson by Dick Faram Park and we have concerns on how they are making the tie in. We have not received letters or confirmation that they have received all the permission from existing properties adjacent to that to drill. Chairman Shiflet opened the Public Hearing. Gail Geserick, 8400 Brookhaven Drive, NRH came forward and read a letter over all stating she is against the drilling and location of the gas well because of the noise concerns, decreased home values, health hazards and tree preservation. In addition, Mrs. Geserick read letters and emails from surrounding property owners against the drilling site and turned in a petition from surrounding owners against the site. Troy Evans, 8413 Brookview Drive, NRH came forward with concerns of setbacks and property values and is against the well site. Ken Yazhare, 1230 Brown Trail #105, Bedford came forward against the well site. He owns property south of the site and has concerns with location, drainage issues, and decreased property values. Parvis Yazare, 1230 Brown Trail #105, Bedford, came forward against the well site. He owns property south of site, has concerns with tree preservation, drainage issues, decreased property values and pipeline trench location. Sherami Gerber, 8409 Timberline Ct, NRH, came forward stating they are against the well site because of the wildlife being destroyed and noise concerns. She asked how often they would come out with the re- fracting. John Counts, 8409 Brookview Drive, NRH came forward against the site. He has concerns with the location of the site in relation to homes and safety concerns with kids because they play in the wooded area, preservation of wooded areas. Rodica Alecu, 6308 Remington Pkwy, Colleyville came forward against the well site, owns surrounding property and wants to put wellness center and thinks it would affect the property value. Tuwanna Rainbolt , 7101 Stephanie Ct, NRH came forward against the well site and has concerns with grading, erosion, tree and wildlife preservation. Mohammed Peracha, 7200 Davis Blvd, property to the north, came forward with concerns of drainage, commercial development concerns and limitations. Dave Curry, 8412 Brookview Drive, NRH came forward against the well site and has concerns with drainage, tree preservation, noise concerns. Don Bowne asked if Greg Lindsay could come address the issues about refracting. Lt. Greg Lindsay came forward stating he serves as the Gas Inspector for the City. He said there has not been any re- fracting of any of the wells in the City. Typically there is one drilling, once the casing is set, they do the fracturing, then production. There are times that work over rigs has to come back onto the site and service lift valves, maintenance, etc. This may be where people are getting confused with the terminology of what takes place. Leah King with Chesapeake came back up to address the citizen concerns. Regarding drainage they feel this site will help mitigate the existing drainage concerns. Julie Jones, Chesapeake Energy, 100 Energy Way, came forward addressing the citizen issues. Regarding grading, the City requires 4.1 slope and they build pads on 4.1, 3.1 and have no concerns doing something steeper than that. There was a discussion between Staff and the Commission about the drainage, release valve and berm. Dave Buchanan with Halff and Associates came forward and addressed some of the landscaping concerns. He said the intent is to flatten the grade at the location of planting and the slope stability can be maintainable. Leah King addressed other citizen comments saying the intent of the development is not to part a neighborhood, but to develop it and give mineral rights to the people to sign contracts with Chesapeake; they are not going to the neighborhoods offering money. The said the median setback is 676 feet not 1000 feet. Regarding ambient sounds we feel the masonry wall and trees will mitigate the problems anticipated. Maintenance of the site will be done daily and will be onsite for about 4 -6 weeks. Chesapeake owns the property and said these sites were not developed like the Rick Pad Site so that is why they are not being developed. Don Bowen asked if they could be drilling all at the same time and would they be electric? He has concerns with the diesel rigs because of their noise. Leah King said the schedule shows for two with electric rigs since Oncor has confirmed electricity at this property. Chairman Shiflet asked about the pipeline to the south since all the details have not been worked out. Leah King said they are working directly with the individual property owners to negotiate an easement. The route is not set in stone because all of the negotiations are not complete the Anejo site and the valve site. The valve site would be on private property and there is an existing masonry and wrought iron fencing there. Chairman Shiflet asked if the value site was a compressing station? Leah King said no it was not, NRH ordinance does not allow compression facilities. Chairman Shiflet closed the Public Hearing and entertained a motion. DENIED Bill Schopper motioned to deny SUP 2012 -05. The motion was seconded by Don Bowen and passed unanimously -0). Bill Schopper said this site is too small for the well site, it is not an appropriate use of the land along the commercial thoroughfare. Mark Haynes said he is glad Chesapeake is in our area drilling but does not believe this is the right location. Don Bowen agreed that this location is not right for the gas well site. Regarding the concerns with the existing trees, there is no guarantee they will stay unless they buy the property. It could be developed as commercial because it is zoned for that and the trees could be taken down. Chairman Shiflet said he serves on the Gas Board of Appeals and the City Staff, Mayor and Council got ahead of the game when Barnett Shale came, therefore we have not had a lot of the other issues we hear about in our surrounding communities. All r t submittals have to go before the P &Z, City Council and Gas Board of Appeals so it gives us a buffer and ability to develop with our requirements. The revenue generated is an asset to our community and we support Chesapeake. Don Bowen commented on the Chesapeake Christmas lights and encouraged everyone to see them. D.1. Adjournment There being no other business, the meeting adjourned at 8:23 pm. Chairman Secretary a ands hifl o 96"AWIV HL- { PLANNING & ZONING MISSION MEM -RANDUM • TFX A From: Offi f Development Date: 11 -15 -2012 g ct: Agenda Item No. B.2 Consideration of Minutes from the November 1, 2012 Planning ning Commission Meeting.