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HomeMy WebLinkAboutPZ 2012-11-15 Minutes MINUTES OF THE MEETING OF THE PLANNING & ZONING COMMISSION OF THE CITY OF NORTH RICHLAND HILLS, TEXAS NOVEMBER 15, 2012 A.1 CALL TO ORDER The meeting was called to order by Chairman Randall Shiflet at 7:00 p.m. A.2 ROLL CALL PRESENT Chairman Randall Shiflet Vice Chairman Bill Schopper Don Bowen Mike Benton Kathy Luppy Jerry Tyner ABSENT Steven Cooper Mark Haynes CITY STAFF Director of Planning & Dev. John Pitstick Senior Planner Clayton Comstock Assistant Planner Chad VanSteenberg Civil Engineer Caroline Waggoner Fire Marshall Captain Greg Lindsay Director of Economic Dev. Craig Hulse Recording Secretary Teresa Koontz A.3 PLEDGE OF ALLEGIANCE Kathy Luppy led the Pledge of Allegiance. November 15, 2012 P &Z Minutes Page 1 B.1 Consideration of Minutes from the October 18, 2012 Planning & Zoning Commission Meeting APPROVED Bill Schopper motioned to approve the minutes as proposed. The motion was seconded by Don Bowen and passed unanimously (5 -0). B. 2. Consideration of Minutes from the November 1, 2012 Planning & Zoning Commission Meeting APPROVED Bill Schopper motioned to approve the minutes as proposed. The motion was seconded by Don Bowen and passed unanimously (5 -0). C.1 SUP 2012 -05 Public Hearing and Consideration of a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Anejo Gas Well Pad Site on 1.962 acres at 7100 Davis Boulevard. Chairman Shiflet announced that there were some changes made from the last meeting. Since there are two Public Hearings, there are two different comment cards to fill out. If someone wishes to speak, they will be limited to a 3 minute presentation. If you are here representing 10 or more people present, then you can speak 10 minutes, with a maximum time 30 minutes per side for or against. Depending on the complexity of the case, the Commission has the right to vary that time. Leah King representing Chesapeake Energy, 100 Energy Way, Fort Worth, TX came forward stating that some changes have been made since the last submittal a month ago. The Anejo Pad site is now about 1.8 acres located at 7100 Davis Blvd. Chesapeake is seeking a Special Use Permit and has received about 450 letters of support from the community. We are proposing the Anejo site to be similar to the Little Bear site. Two separate units, Grove and Anejo would be drilled from this site. Roughly 84 % of the households are leased to Chesapeake. The units are split rather evenly and include lots of properties, businesses, schools and churches are included. We want to address the concerns that were heard last time. The big issue we heard repeatedly is that there was not enough natural buffering and it was too close to Davis Blvd. At that time it was 20 feet set back. We have cut the number wells from 14 to 7 and by doing that is allowed us to move the wall on the frontage on Davis back 20 feet so it gives the opportunity for more natural screening and buffering. Chesapeake also wants to address whether landscaping on the pad slopes will allow the trees to establish themselves. We will sod the slopes since the Davis Blvd. wall is November 15, 2012 P &Z Minutes Page 2 moved back and move some of those trees to the front providing the screening and buffering that is requested. There are concerns with tree mitigation cost and how difficult it would be for Chesapeake to provide adequate tree replacement whether on or off site. We have been trying to think about some of the comments made last time. One of the comments is the property is used by many of the residents right now, without any agreement with Chesapeake to use, it's just always been open. We want to offer a long term lease on that excess property for a $1 a year for say 20 years and that will give "legal" permission to utilize the property. This will have to be done with some type of body since there is not an HOA that we have been able to find, so one would have to be established or another legal entity would need to be created. Ms. King continued showing a Power Point description of the before and after proposals. One of the biggest keys in the slide is the 150 feet buffer between the pad side and neighbors. This property sits at an elevation roughly 20 -25 feet in the neighborhood and on the Davis Blvd. side it slopes upward. What we are intending to do is on the north side of the pad is to place additional trees there and leave the rear pad side the way it was originally suggested but to move the wall back from Davis to allow a more natural buffering. There were multiple questions about what would happen to the pad site if Chesapeake was not there. In no other industry are there requirements of that 150 feet barrier so the property line could possibly be commercial services (medical or retail) built up to the property line. They would have to go before P &Z and City Council to get approved, but it would be an option for them. In summary, we are ready to commit to the neighbors with the attractive fencing, screening the production equipment, landscaping during the next planting season following whenever the drilling is to occur. There are berms that would be in the pad site so that will address the drainage issues. We feel that building our site as well as having these berms will reduce some of the issues the neighbors are experiencing. Don Bowen said he has looked at the Texas Railroad Commission site and there are other sites that are close, like Morrow Stevens. With the capability to horizontally drill, could they not reach this same site or are there other technical issues that would prevent that from happening. Mr. King said the biggest problem is typically lease hold. You have to have lease holders from that site all the way down. These units are pretty long and the laterals would have to be extended, in a urban area like with it would be difficult to do because there are not that many large tracts of property. The other concern is if the other pads could accommodate the other additional 7 -14 wells. Don Bowen asked how big is the area that gas would be gathered gas from? Is it several acres or 100 acres? Ms. King said the surface footprint is 1.8 acres but underneath is what we are able to pick up is 960 acres. With the change from 14 to 7 there are some questions on whether or not reservoir can be completely drained. There is likely to be gas that is still there, but that was the only option in order to give the additional space on Davis Blvd. November 15, 2012 P &Z Minutes Page 3 John Pitstick came forward with stating this is a new request from Chesapeake as the previous request had been denied by Planning and Zoning Commission. The SUP process provides for a land use to occur within a zoning district that would not otherwise allow such a use by right. Such uses typically warrant the consideration of special conditions to reduce adverse effects on adjacent or surrounding properties. In this case, this does not waive any requirements of Chapter 104 "Gas Drilling and Production" ordinance. They would still have to conform to all the gas drilling requirements and the permitting and gas wells would be a separate process, and any setback requirements would have to go to the Gas Board of Appeals if this was approved for a site. Mr. Pitstick continued saying it is currently zoned for Community Services and Ms. King is right, whereas it can be converted to commercial uses. However based on any SUP application Staff would recommend any site plan to address and take advantage of the existing topography. The specific concerns that Staff has with the site is drainage. They are capturing all the water on site and concentrating the water in one certain area. There has been some flooding on Brookhaven in the past and we feel this could cause more of an issue. The extensive clear cutting of the slopes will be visible from the north side of Davis and we are concerned about it being visible driving toward the north. In addition, there is an expensive tree mitigation cost, almost 50 % of this site is going to be removed in trees and we are concerned how that will be difficult to provide for this cost. The City does not want a park at this area but it would be between them and the property owners if they want to maintain that. Chesapeake will have to request variances from setbacks from Davis and from the 39 property owners that are within 600 feet of the area. We have about 430 letters we have received in favor with are primarily in the lease holding areas. We do have 13 property owners within those 600 feet that are in favor and we have 11 property owners against this request. Most of those are located off the back side on Brook view and Brookhaven. Chairman Shiflet opened the Public Hearing on SUP 2012 -05. Gail Geserick, 8400 Brookhaven Drive came forward against this request due to safety concerns, noise concerns, tree preservation and flooding. Paul Yazhari, 1230 Brown Trail, Bedford, part owner of the land adjacent to this site staying he is against the well site due to possible decreased property values. Ken Yazhair, 1230 Brown Trail, Bedford, part owner of the land adjacent to this site Is against the well site and has concerns with property values decreasing, drainage, and traffic, pollution from wells and what would be the City's position if Chesapeake wanted to drill more. Celeste Gerber, 8409 Timberline Ct., against but does not wish to speak. Chuck Gerber, 8409 Timberline Ct, against due to concerns with decreased property values, safety concerns, and asked that Chesapeake purchase these homes and let them take the financial risk. November 15, 2012 P &Z Minutes Page 4 Troy Evans, 8413 Brook view Drive, against the site stating nothing has changed with this site except the wall being pushed back. David Curry, 8412 Brook view Drive, against due to flooding, decreased property values, noise and safety concerns. Mo Peracha, 2808 Brookshire, Southlake Drive, owns property north of the site and is against due to reduction in property value, drainage, feels Chesapeake not taking the issues and concerns serious enough. David Hardesty, 7236 Coventry Court, supports the site but does not wish to speak. Joanna Hardesty, 7236 Coventry Court, supports the site but does not wish to speak. Frances Browning, 7909 Odell, supports the site but does not wish to speak. Chairman Shiflet closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny SUP 2012 -05. The motion was seconded by Mike Benton, the motion passed unanimously (5 -0). Don Bowen said even with the changes the concerns are the same, the proximity to Davis Blvd. and to the neighborhood does not allow for good fit in that location. Also, I realize this is not viable in most cases, but the only way to guarantee to keep the trees is to buy the property. Chairman Shiflet said he has concerns with the flooding potential and issues on the east side that have been ongoing. Overall I support Chesapeake and what they have done for the community but cannot support the site because of the issues. C.2. SUP 2012 -04 Public Hearing and Consideration of a Request from Chesapeake Operating, Inc. for a Special Use Permit for the Church of Christ Gas Well Pad Site on 2.678 acres at 6400 NE Loop 820. Leah King, Chesapeake Energy, 100 Energy Way, Fort Worth, TX came forward with a request for SUP for the Church of Christ Pad Site owned by The Hills Church of Christ. She gave a Power Point presentation of the proposed site just to the east of the church structures. This pad would have the ability to accommodate up to 10 wells, 3 units to be developed with all the area coming to roughly 1000 acres. There are multiple homes, schools, business and churches that would benefit from the mineral production from the sites. There are 3 ways to get to the site. One being to come off of Loop 820 down the western portion of Meadow Lakes Drive , another to come off of 820 and down Rufe Snow, third off the proposed exit ramp that TX DOT would construct that would take us November 15, 2012 P &Z Minutes Page 5 off of the frontage road into the pad site. We come to make the same commitments with all our sites with landscaping added during next planting season; this property will have an electric rig on site with 32 foot sound blankets to mitigate noise from nearby homes. We are requesting a permit for the pad site that has the potential to accommodate up to 10 wells. Approximately 1000 would be affected from the mineral rights off this site. Chairman Shiflet asked what was the approximate length of the pad side east to west? Ms. King said she didn't have exact but it's probably slightly longer than 300 foot. Chairman Shiflet asked if this would be at the same elevation with the service road in front of Sam's and Walmart? Ms. King said yes it is the same elevation. Don Bowen asked if any trees would be planted along the wall? Ms. King said yes, there would be some shrubs very similar to TCCD South site. There is not space for the larger ones like we are proposing on the Anejo site. Don Bowen asked if the possibility exists that traffic will go down Meadow Lakes Drive? He said that would not be acceptable. Ms. King said we have 3 options and will go with whichever is recommended. Don Bowen said if this was approved it would have to be excluded because that road could not handle the traffic. John Pitstick said the frontage was actually closer to 500 feet, we had plans in the back to measure. Chesapeake is proposing 10 wells at this site owned by The Hills Church of Christ. The property is currently zoned for PD and Institutional uses related to the Church of Christ. The SUP process does not relax any regulations from Chapter 104 standards in the "Gas Drilling and Production" ordinance. The proposed Church of Christ well site sits directly on Loo 820 frontage on the taking line and that is a significant concern from a Staff perspective. They are proposing a curb cut off the frontage road of Loop 820. There will be landscaping along the back side with an 8 foot wall that is 500 foot long directly on the property with no setbacks. There is no land for additional development along 820 or no effective setbacks for landscaping or screening. Staff does not feel like it's the appropriate land use on the gateway of our community on Loop 820. Typically there have been a few cases that have come forward, like Huggins Honda, and they had to provide at least 15 foot landscape buffer with monumentation along the frontage. We understand that the church does not have any intentions to sell their property and they want to use it at their location. Staff has concerns over the transportation route. We would not be in favor of any type of heavy traffic on Meadow Lakes Drive in the residential neighborhood. We have received about 297 cards in favor of this site. There are about 12 property owners in affected by this site, we have received letters form 11 of the 12, so we do not have any public opposition for the Church of Christ at this time. Staff feels this location is not appropriate at this time. November 15, 2012 P &Z Minutes Page 6 Chairman Shiflet asked if the Rufe Snow exist for the east bound for the new freeway be prior to the railroad tracks? John Pitstick said that is correct. Craig Hulse said the ramp will be at the grade, which is lower level, when it's with the general purpose lanes. The demarcation where you merge onto the off ramp verses staying on the highway. It will eventually increase in elevation over a long stretch of road but it will be below the Iron Horse Bridge and DART rail line and increase in height as you get towards the frontage road about where the parking lot you see for the church now. Chairman Shiflet said he was looking at a topography map and this site today is about 30 foot lower than the Walmart at various points. There was a general discussion about what the frontage road and elevations would look like when completed between Greg Van Niewenhuize, Craig Hulse and the Commission. Chairman Shiflet opened the Public Hearing on SUP 2012 -04. John Wood, 5036 Lake View Circle, against but does not wish to speak. Steve Roos, 5024 Lake View Circle, against the site due to noise, extended disruption with construction, traffic in Meadow Lakes, water flow and flooding. Candy Roos, 5024 Lake View Circle, against site but does not wish to speak. Jim Phillips, 5009 Surrey Court, against the site due to various reasons and agrees with other property owners. Mike Washburn, 5750 Walnut Creek Drive, Fort Worth, Executive Minister at The Hills Church of Christ. He said the access road addressed earlier is quite low at the church property, approximately 30 foot drop off at the parking lot level. It's about a 20 -25 foot drop off at the Tower level and at the end of the drill site it is at a level place. The Church of Christ is supportive of the well site and looks forward to accessing the mineral rights and for the neighbors that will benefit from them. Jerry Grantland, 5004 Lake View Circle, against site but does not wish to speak. Chairman Shiflet closed the Public Hearing and entertained a motion. DENIED Don Bowen motioned to deny SUP 2012 -04, seconded by Kathy Luppy. The motion was passed unanimously (5 -0). November 15, 2012 P &Z Minutes Page 7 Kathy Luppy said this Commission has worked hard to preserve the image of our city. With the new construction on Loop 820, this gateway that is being put in our laps, we need to really think about what people will see when they drive into North Richland Hills, and I don't believe a gas well is the right thing to do. Don Bowen said he agrees 100 %, it would not be what you want to see passing the golf course. At some point, this could be some very valuable commercial property along this 12 lane freeway and with the neighbor's concerns, can't be supported. There as a discussion about letters of opposition from property owners, which were never turned in to the city from Chesapeake. Chairman Shiflet asked if Lot 15 was within 600 foot ? Don Bowen suggested that if there are letters of opposition they send it directly to the city. Chairman Shiflet said he doesn't ever recall ever approving a pad site that has opposition within 600 foot. He said he wished it would work and was not aware that there was opposition of those within 600 foot. The City of North Richland Hills Gas Ordinances has worked very well and will vote in agreement with those having concerns. D.1. Adjournment There being no other business, the meeting adjourned at 8:08 pm. Chairman Secretary andal Shiflet moo ► Ver - r 0,7 4 • November 15, 2012 P &Z Minutes Page 8