01.21.2010 PZ PacketAGENDA
PLANNING & ZONING COMMISSION
JANUARY 21, 2010
KENNEDALE MUNICIPAL BUILDING — 405 MUNICIPAL DR.
COUNCIL CHAMBERS
WORK SESSION 6:00 PM
REGULAR MEETING — 7:00 P.M.
CALL TO ORDER
ROLL CALL
I. WORK SESSION, 6:00
A. Possible changes to residential zoning district classifications: form -based codes
B. Possible changes to the City of Kennedale oil and gas ordinance
C. Outside Storage Regulations including Loading Dock and Screening
D. Guarantees and Maintenance Bonds for Subdivisions
E. List of Items for Future Consideration
a. Incompatible Zoning Districts /Properties
b. Overlay Zoning District
c. Salvage Yard Ordinance
d. Storm Water Ordinances and Creek Ordinances
e. Comprehensive Land Use Plan
f. Green /Environmental Regulations
REGULAR MEETING, 7:00 P.M.
II. VISITORS /CITIZENS FORUM
At this time, any person with business before the Planning and Zoning Commission not scheduled on the
Agenda may speak to the Commission, provided that a "Speaker's Request Form" has been completed
and submitted to the Planning and Zoning Commission Secretary prior to the start of the meeting. All
comments must be directed towards the Chair, rather than individual P & Z members or staff. All
speakers must limit their comments to the subject matter as listed on the "Speaker's Request Form." No
formal action can be taken on these items.
III. An ordinance amending Chapter 17 of the City Code, as amended, by amending
regulations governing commercial and industrial zoning districts.
A. Staff Presentation
B. Public Hearing
C. Staff Response and Summary
D. Action on Agenda Item III
IV. An ordinance amending Chapter 17 of the City Code, as amended, by establishing
regulations concerning guest houses and by amending Sec. 17 -431 Definitions.
A. Staff Presentation
B. Public Hearing
C. Staff Response and Summary
D. Action on Agenda Item IV
Page 1 of 2
V. MINUTES
Approval of minutes from the December 17, 2009 Planning & Zoning Commission meeting.
VI. STAFF REPORTS
1) Update on City Projects
VII. ADJOURNMENT
Page 2 of 2
To the Members of the Planning and Zoning Commission
Date: January 15, 2010
Work Session Agenda Item No: I -A
Subject: Possible changes to residential zoning district classifications:
form -based codes
Originated by: Rachel Roberts, Planner
Summary:
During the City Council's January 14 work session, the vice -chair of the Planning &
Zoning Commission made a presentation about form -based codes. An overview of the
presentation will be provided to the Commission during its January 21 meeting.
1
Date: I January 13, 2010
Work Session Agenda Item No: I -B
Subject: Possible changes to the City of Kennedale oil and gas
ordinance
Originated by: Rachel Roberts, Planner
Summary:
Representatives from the four oil and gas operators working in Kennedale met with
city staff for a roundtable discussion on Wednesday, January 13. Also present were Mr.
Fernandez of the Planning & Zoning Commission and Mr. Vader of the Board of Adjustment.
Included with this staff report are the comments submitted by the operators before the
round table meeting, follow -up comments from staff, and a summary of discussions from the
round table meeting. I apologize for the length of this report.
In addition, in the January Board of Adjustment meeting, a special exception request
from Chesapeake Operating was tabled, pending the release of a report from the Texas
Commission on Environmental Quality on benzene levels associated with natural gas drilling.
Also, a BoA member requested the Commission to consider adding an amber lighting
requirement for drilling rigs that will be set up in or adjacent to residential areas.
Staff Report
To the Members of the Planning and Zoning Commission
Date:
January 14, 2010
Work Session Agenda Item No: I I -C
Subject: Outside Storage Regulations including Loading Dock and
Screening
Originated by: Rachel Roberts, Planner
During the last meeting, the Commission asked staff to amend the definition of outside
storage to include material for service or rent. The Commission also asked staff to make the
proposed ordinance clearer in terms of what materials would be allowed for screening fences,
and they suggested using the word "enclosure" instead of "fence."
I've changed the draft amendment as follows:
➢ Merchandise is now described as "items intended for sale, service, lease, or rent."
➢ (i) Except where otherwise permitted in the city code, screening walls shall be
constructed of brick or other low maintenance materials and screening materials shall
be consistent with the exterior finish of the main building in material and color. No
screening wall or fence shall be constructed of materials not manufactured or
designed for the primary purpose of wall or fence construction.
■ Changed to: "shall be constructed of masonry or pre -cast stamped
concrete. No screening wall or fence shall be constructed of materials
not manufactured or designed for the primary purpose of wall or fence
construction. Gates shall be steel and painted in colors corresponding
to the primary structure.
■ Made the same change for part (e)(3)(a)
➢ (iv) Height of screening materials. Screening walls, fences, and vegetation shall
be a minimum of one (1) foot in height above the materials being stored...
■ Changed to: "Screening materials shall be..."
■ Made the same change for part (e)(5)
1
Staff Report
To the Members of the Planning and Zoning Commission
Date:
January 8, 2010
Work Session Agenda Item No: I I -D
Subject: I Guarantees and Maintenance Bonds for Subdivisions
Originated by: I Rachel Roberts, Planner
Summary:
The Commission did not have enough time in the December work session to review
this item, so I've included below the content of the staff report written for that meeting.
Staff report for Agenda Item I -F, December 18, 2009:
Staff has been researching maintenance bond use in other cities, particularly concerning the
period the bond must cover and when the coverage begins. I've found several local
governments that use a build -out requirement for their maintenance bond, but none of them
are in Texas.
Paulding County, GA requires maintenance bonds for 18 months or 75% build out, whichever
comes first.
Dorchester County, SC requires maintenance bonds for a 12 -month period beginning after
75% build out. The developer may seek reduction of the required bond amount when the
improvements are 50 %, 75 %, and 90% complete.
The Town of LaGrange, NY will not accept the road(s) within a subdivision for dedication until
75% of all units in the entire subdivision have been completely constructed. If a subdivision
has received approval from the Town to be developed and constructed in phases, the owners
may not dedicate the roads in phases. The Town will not accept dedication of the road(s) until
75% of the total units in all phases of the subdivision are completed.
From what I've read, bond companies may be reluctant to issue bonds for more than two
years. If the Commission would recommend to Council extending the time period for which
developers are responsible for improvements, staff recommends the two year perid be kept
but the start of the two -year period be changed to begin after the subdivision is 75% built -out.
Staff would also recommend that when the subdivision is 50% built -out, the costs required to
be covered by the bond be reduced by 25 % -50 %.
1
To the Members of the Planning and Zoning Commission
Date: January 10, 2010
Work Session Agenda Item No: I I -E
Subject: I List of Items for Future Consideration
Originated by: I Rachel Roberts, Planner
Summary:
Planning staff are maintaining a list of items to be considered by the Commission in the future.
The items on the following list will be discussed at the meeting, but no action will be taken.
a. Incompatible Zoning Districts /Properties
b. Overlay Zoning District
C. Salvage Yard Ordinance
d. Storm Water Ordinances and Creek Ordinances
e. Comprehensive Land Use Plan
f. Green /Environmental - related Ordinances
The intent is to create a working and ongoing list of items that staff and the Commission need
to address. Items on this list will be placed on the agenda to be considered individually as
the Commission's schedule permits.
i
Date: I January 19, 2010
Regular Meeting /Public Hearing III
Item No:
Subject: An ordinance amending Chapter 17 of the City Code, as
amended, by amending regulations governing commercial and
industrial zoning districts
Originated by: Rachel Roberts, Planner
Item III is a public hearing to consider an ordinance amending Chapter 17 of the
City Code, as amended, by amending regulations governing commercial and
industrial zoning districts.
I spoke with the city secretary about the process for making changes to the city code
when they originate with the Planning & Zoning Commission, and she said that the
Commission does not need to draft an ordinance before making its recommendation to the
City Council. Therefore the Commission's action tonight does not need to include a
consideration of the ordinance draft we prepared and sent out with the packets. The city
attorney will prepare an ordinance draft once the recommendation to make changes to the
city code has passed the Planning & Zoning Commission.
Should you approve this agenda item, your motion would be to forward a
recommendation to Council to amend Chapter 17, Article VI, Section 17 -413A; Chapter 17,
Article VI, Section 17 -414; Chapter 17, Article VI, Section 17 -415; and Chapter 17, Article VI,
Section 17 -421 of the Kennedale city code book, as presented in the staff report.
The proposed changes are included below so that they will be part of the staff report.
[Below are the proposed amended zoning ordinances concerning commercial
and industrial zoning districts. Sections that are proposed to be added are
printed in red and underlined
Revised commercial zoning district ordinance:
Sec. 17 -413A. "C -0" Retail Commercial District.
(a) Purpose. The "C -0" retail commercial district has been established to
provide for the development of retail oriented uses. This district is intended
to accommodate the basic shopping and service needs of residents and to
provide retail for merchants. Uses permitted in this district shall be
compatible with the neighborhoods in which they are located. This section
is not intended to prohibit the outside display of merchandise in the normal
course of retail business. This zoning district is not intended to
accommodate manufacturing of goods or other activities that may
generate nuisance impacts, including glare, smoke or other air pollutants,
noise vibration or major fire hazards, or other impacts generally
associated with more intensive industrial uses Uses that are not intended
to be accommodated within the C -0 Retail Commercial Districts include
the following: wholesale and warehousing activities; sales, service or
repair of motor vehicles or machine equipment, including tires; and
automotive services centers. In addition, the C -0 zoning district is not
intended to accommodate transient residential uses, including motels or
hotels, unless authorized by a special exception.
Sec. 17 -414. "C -1" Restricted Commercial District.
(a) Purpose. The "C -1" restricted commercial district has been
established to limit commercial uses and operations within enclosed
buildings and prohibiting outside storage of new goods and materials, and
new or used vehicles and equipment. This district is intended to
accommodate the basic shopping and service needs of residents and to
provide retail and office space for merchants and financial, administrative,
government and business services. This section is not intended to prohibit
the outside display of merchandise in the normal course of retail business.
This zoning district is not intended to accommodate manufacturing of
goods or other activities that may generate nuisance impacts, including
alare smoke or other air pollutants, noise, vibration or major fire hazards,
or other impacts generally associated with more intensive industrial uses
Sec. 17 -415. "C -2" general commercial district.
(a) Purpose. The "C -2" general commercial district is established to
accommodate commercial activities that cannot generally be
accommodated in the "C -1" district. This district permits the storage of
goods, materials, equipment, machinery and vehicles outside of enclosed
buildings.
(b) Permitted uses. The uses permitted in the "C -2" district include those
listed in the "schedule of uses" found in section 17 -421 hereof. Any use
not expressly authorized and permitted herein is expressly prohibited in
this district, unless otherwise allowed in conformance with section 17 -427
of this article dealing with new and unlisted uses.
(c) Special exception uses. In order to allow for certain uses which,
because of their nature or unusual character, cannot be unconditionally
permitted in this district, yet would or could be an appropriate or
compatible use under certain controlled circumstances and locations, the
board of adjustment may, after public hearing thereon, authorize and grant
the issuance of a special use permit for such special exception uses
allowed in the "schedule of uses" in section 17 -421 of this article. The
issuance of the permit by the board shall be contingent upon reasonable
and appropriate conditions and safeguards, including the length of time,
so as to properly protect any adjacent property, use or neighborhood
character, as well as insure the appropriate conduct of the special
exception use of the land and buildings granted. See section 17 -422 of
this article. A special exception shall be granted only when the proposed
use is separated or buffered from surrounding uses with which it may be
incompatible so that the proposed is not noxious or offensive to
surrounding uses. In granting or denying an application for a special
exception for a C -2 use, the Board of Adjustment shall take into
consideration the following factors to establish whether the use may be
compatible with surrounding uses:
(1) Conformance with applicable regulations and standards
established by the subdivision ordinance and the zoning ordinance;
(2) Compatibility with existing or permitted uses on abutting sites
in terms of building height, bulk, scale, setbacks, open spaces,
landscaping and site development, and access and circulation
capacity;
(3) Potentially unfavorable effects or impacts on existing or
permitted uses on adjacent sites, to the extent such impacts
exceed those that reasonably may result from use of the site by a
permitted use, including without limitation:
a. Location, lighting and type of signs, and the relation of
signs to adjacent properties;
b. Noise producing elements;
c. Glare of vehicular and stationary lights and effect of such
lights on the established character of the neighborhood;
d. Safety from fire hazard, and measures for fire control;
and
e. Protection of adjacent property from drainage, floods,
erosion or other water damage.
(4) Safety and convenience of vehicular and pedestrian circulation
on the premises and in the area immediately surrounding the site,
and the effect of traffic reasonably expected to be generated by the
proposed use and other uses reasonably anticipated in the area
considering existing zoning and proposed land uses in the area and
the ability of the city's existing transportation network to handle the
traffic.
(5) Compliance with the city's comprehensive land use plan and
whether the proposed use is compatible with existing and planned
development of surrounding properties and will promote economic
growth.
[continued on next page]
Section 17-421 Schedule of Uses
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storage)
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IC P X 7r7ry
Hardware store
Heavy aqtApmowt sales
I
S
X
11 area
1000 Site
Hotel or inotel
!Laundry or dU cleaners CUP I X X X 1:x'400 G.
[Musaicalinstrumeut, store cup F x F TF-75-0-0- G. - A - , -
Office supply store cup X X IMO GAA,
n () GFA
Paint wdes store CUP X X IJ200 GFA
J -F
Restaurant " caie
Restaurant (drive -I
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Vehicle conversion
S I x ISee subse-c-bon
17416(e)
Date:
January 19, 2010
Regular Meeting /Public Hearing IV
Item No:
Subject: An ordinance amending Chapter 17 of the City Code, as
amended, by establishing regulations concerning guest
houses and by amending Sec. 17 -431 Definitions.
Originated by: Rachel Roberts, Planner
Item IV is a public hearing for an ordinance amending Chapter 17 of the City
Code, as amended, by establishing regulations concerning guest houses and by
amending Sec. 17 -431 Definitions.
Background:
I spoke with the city secretary about the process for making changes to the city code
when they originate with the Planning & Zoning Commission, and she said that the
Commission does not need to draft an ordinance before making its recommendation to the
City Council. Therefore the Commission's action tonight does not need to include a
consideration of the ordinance draft we prepared and sent out with the packets. The city
attorney will prepare an ordinance draft once the recommendation to make changes to the
city code has passed the Planning & Zoning Commission.
Should you approve this agenda item, your motion would be to forward a
recommendation to Council to amend Chapter 17, Article VI, Section 17 -431, and Chapter
17, Article VI, Section 17 -423 of the Kennedale city code book, as presented in the staff
report.
The proposed changes are included below so that they will be part of the staff report.
1
Sec. 17 -431. Definitions.
Guest house means a secondary dwelling unit locat on a lot with a main single family residential
structure subordinate in area extent and purpose to the main residential structure, and used as
living quarters for family members of the residents of the main residential structure and not for rent
or lease or use as a separate domicile by persons other than family members of the residents of
the main residential structure.
Main residential structure means the building which represents the main intended use in that
zoning district Examples are: a home in a residential zoning district a store or business building
in a commercial district or, the major plant building in an industrial zoning district. Storage
buildings and separate -garage structures are examples of accessory buildings.
Sec. 17 -423.1 *
In reviewing an application for a special exception for a quest house the Board of Adjustment shall
take into consideration the factors set forth below.
(a) Guest houses may not be rented or leased and may not be used as a separate
independent residence. A quest house must be operated and maintained under the same
ownership as the main residential structure shall not be converted to any form of legal
ownership distinct from the ownership of the main residential structure, and shall be clearly
subordinate in area extent and purpose to the main residential structure. The applicant for
a quest house shall be both an owner and current resident of the property for which a quest
house is proposed An exception to this requirement is allowed where a quest house is to
be constructed concurrent with the main residential structure, and the owner will reside in
the main residential structure upon completion of construction.
(b) Only one quest house shall be permitted per lot.
(c) A quest house shall not be served by separate utility connections but must be served by
the same water, electric and other utility connections that serve the main residential
structure Where municipal sewer is not provided, the total number of bedrooms shall not
exceed the capacity of the septic system.
(d) A quest house must be architecturally consistent with the main residential structure,
including form exterior siding trim and color, roof materials, and window placement and
type.
(e) A quest house may not exceed the height of the main residential structure and may not
exceed 30% of the floor area of the primary building or 800 square feet, which ever is
smaller.
(f) Guest houses must conform to setback requirements, height restrictions, and other city
regulations governing building parking or development The total area covered by all
structures shall not exceed the maximum lot coverage for the applicable zoning district.
(g) A site plan must be submitted to the director of development for review and approval
prior to construction of a quest house. In addition to the above requirements, an application
for a quest house must demonstrate that there exist adequate public facilities, including
sewer, water, or roadway capacities, to serve the quest house.
(h) Existing quest houses are exempt from sections (d) (e) (fl and (h) of this section
except that any substantial changes or improvements to an existing quest house must
comply with sections (d), (e), and (f). Existing quest houses are exempt from section (c) of
this section if already served by separate utility connections on (EFFECTIVE DATEI.
(i) Impact fees may be assessed at the discretion of the Director of Development or the
Director of Public Works.
3
CITY OF KENNEDALE
AN ORDINANCE AMENDING ORDINANCE NO. 40, AS
AMENDED; PROVIDING FOR THE AMENDMENT OF THE
- -- - - -- OFFICIAL- ZONING - MAPT -O REFLECT-- SUCH - -- CHANGES; --
PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL ORDINANCES; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A
SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Kennedale is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5, of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City
has adopted a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential or other
purposes, for the purpose of promoting the public health, safety, morals and general
welfare, all in accordance with a comprehensive plan; and
WHEREAS, the City has determined that certain land uses currently permitted in
General Commercial Zoning Districts and in Industrial Zoning Districts may have
negative effects upon the public health, safety, and general welfare; and
WHEREAS, the City has recently adopted a strategic plan calling for revisions to
zoning districts in order to better protect the public health, safety, and general welfare;
and
WHEREAS, in order to preserve the public health, safety and welfare the city
council of the City of Kennedale has determined that it is necessary to amend the Chapter
17 of the Kennedale City Code; and
WHEREAS a publ hearin was dul he ld_by t -e—Planning—and Zoning
Commission of the City of Kennedale on the 21" day of January 2010 and by the City
Council of the City of Kennedale on the 11 day of February 2010 with respect to the
zoning changes described herein; and
WHEREAS, all requirements of law dealing with notice to other property
owners, publication and all procedural requirements have been complied with in
accordance with Chapter 211 of the Local Government Code; and
WHEREAS, the City Council does hereby deem it advisable and in the public
interest to amend the City's Zoning Ordinance as amended as described herein.
NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF KENNEDALE, TEXAS:
SECTION 1.
Section 17 -413A (a) of the Kennedale City Code, is hereby amended to read as follows:
Sec. 17 -413A. "C -0" Retail Commercial District.
(a) Purpose. The "C -0" retail commercial district has been established to
provide for the development of retail oriented uses. This district is intended to
accommodate the basic shopping and service needs of residents and to provide
retail for merchants. Uses permitted in this district shall be compatible with
the neighborhoods in which they are located. This section is not intended to
prohibit the outside display of merchandise in the normal course of retail
business. This zoning district is not intended to accommodate manufacturing
of goods or other activities that may generate nuisance impacts, including
-- - -- - - -- glare, - smoke -or- other - air - pollutants,- noise, vibration_ or major--fire-hazards,
other impacts generally associated with more intensive industrial uses. Uses
that are not intended to be accommodated within the C -0 Retail Commercial
Districts include the following: wholesale and warehousing activities; sales,
service or repair of motor vehicles or machine equipment, including tires; and
automotive services centers. In addition, the C -0 zoning district is not
intended to accommodate transient residential uses, including motels or
hotels, unless authorized by a special exception.
SECTION 2.
Section 17- 414(a) of the Kennedale City Code, is hereby amended to read as follows:
Sec. 17 -414. "C -1" Restricted Commercial District.
(a) Purpose. The "C -1" restricted commercial district has been established to
limit commercial uses and operations within enclosed buildings and
prohibiting outside storage of new goods and materials, and new or used
vehicles and equipment. This district is intended to accommodate the basic
shopping and service needs of residents and to provide retail and office space
for merchants and financial, administrative, government and business
services. This section is not intended to prohibit the outside display of
merchandise in the normal course of retail business. This zoning district is not
intended to accommodate manufacturing of goods or other activities that may
generate nuisance impacts, including glare, smoke or other air pollutants,
noise, vibration or major fire hazards, or other impacts generally associated
_
-with more intensive- industrial_uses._
SECTION 3.
Section 17- 415(a) of the Kennedale City Code, is hereby amended to read as follows:
Sec. 17 -415. "C -2" general commercial district.
(a) Purpose. The "C -2" general commercial district is established to
accommodate commercial activities that cannot generally be accommodated in
the "C -1" district. This district permits the storage of goods, materials,
equipment, machinery and vehicles outside of enclosed buildings.
(b) Permitted uses. The uses permitted in the "C -2" district include those listed
in the "schedule of uses" found in section 17 -421 hereof. Any use not expressly
authorized and permitted herein is expressly prohibited in this district, unless
otherwise allowed in conformance with section 17 -427 of this article dealing
with new and unlisted uses
(c) Special exception uses. In order to allow for certain uses which, because of
their nature or unusual character, cannot be unconditionally permitted in this
district, yet would or could be an appropriate or compatible use under certain
controlled circumstances and locations, the board of adjustment may, after
public hearing thereon, authorize and grant the issuance of a special use permit
for such-special - exception uses allowed -in -the "schedule -of uses" in section -17-
421 of this article. The issuance of the permit by the board shall be contingent
upon reasonable and appropriate conditions and safeguards, including the length
of time, so as to properly protect any adjacent properly, use or neighborhood
_character, as Well as insure. the appropriate conduc of t he special_ exception use
of the land and buildings granted. See section 17 -422 of this article. A special
exception shall be granted only when the proposed use is separated or buffered
from surrounding uses with which it may be incompatible so that the proposed
is not noxious or offensive to surrounding uses. In granting or denying an
application for a special exception for a C -2 use, the Board of Adjustment shall
take into consideration the following factors to establish whether the use may be
compatible with surrounding uses:
(1) Conformance with applicable regulations and standards established by the
subdivision ordinance and the zoning ordinance;
(2) Compatibility with existing or permitted uses on abutting sites in terms of
building height, bulk, scale, setbacks, open spaces, landscaping and site
development, and access and circulation capacity;
(3) Potentially unfavorable effects or impacts on existing or permitted uses on
adjacent sites, to the extent such impacts exceed those that reasonably may
result from use of the site by a permitted use, including without limitation:
a. Location, lighting and type of signs, and the relation of signs to adjacent
properties;
b. Noise producing elements;
c. Glare of vehicular and stationary lights and effect of such lights on the
established character of the neighborhood;
d. Safety from fire hazard, and measures for fire control; and
e. Protection of adjacent property from drainage, floods, erosion or other water
damage.
(4) Safety and convenience of vehicular and pedestrian circulation on the
premises and in the area immediately surrounding the site, and the effect of
traffic reasonably expected to be generated by the proposed use and other uses
reasonably anticipated in the area considering existing zoning and proposed
land uses in the area and the ability of the city's existing transportation network
to handle the traffic.
(5) Compliance with the city's comprehensive land use plan and whether the
proposed use is compatible with existing and planned development of
surrounding properties and will promote economic growth.
SECTION 5.
Section 17 -421 of the Kennedale City Code, is hereby amended by amending the
Schedule of Uses and authorizing such use as follows:
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office supply store,
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S
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X I S,�a apbsacUon
IV-41 {e)
X I See sAsection
17-416(e)
SECTION 6.
This Ordinance shall be cumulative of all provisions of ordinances and of the
Code of Ordinances of the City of Kennedale, Texas (1991), as amended, including but
-- not- limited -to all _ Ordinances _ of the_ City_ of Kennedale _ affecting zoning and- use, and
shall not repeal any of the provisions of such ordinances except in those instances where
provisions of such ordinances are in direct conflict with the provisions of this ordinance.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses
to comply with or who resists enforcement of any of the provisions of this ordinance shall
be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day
that a violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights or remedies of the City of Kennedale Texas are expressly saved as to
any and all violations of any ordinances governing zoning or of any amendments thereto
that have accrued at the time of the effective date of this Ordinance and as to such
accrued violations and all pending litigation both civil and criminal same shall not be
affected by this Ordinance but may be prosecuted until final disposition by the Courts.
SECTION 9.
It is hereby declared to be the intention of the City Council that the phrases
clauses sentences paragraphs and sections of this ordinance are severable and if any
phrase clause sentence paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction
such unconstitutionality shall not affect any of the remaining phrases clauses sentences
paragraphs and sections of this ordinance since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase clause sentence paragraph or section
SECTION 10.
The City Secretary of the City of Kennedale is hereby directed to publish the
caption penalty clause publication clause and effective date clause of this ordinance in
every issue of the official newspaper of the City of Kennedale for two days or one issue
of the newspaper if the official newspaper is a weekly newspaper as authorized by
Section 3.10 of the City of Kennedale Charter.
SECTION 11.
This ordinance shall be in full force and effect from and after its passage and
publication as required by law and it is so ordained.
PASSED AND APPROVED ON THIS 11 DAY OF FEBRUARY 2010.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
CITY ATTORNEY
Date: January 9, 2010
Work Session Agenda Item No: VI
Subject: Update on city projects
Originated by: Rachel Roberts, Planner
Summary:
At the meeting, staff will provide information about city projects, including progress on
the Bowman Springs road project and the Kennedale TownCenter.
VICTOR G. CARRILLO
Chairman
Contact: Justin Furnace 512- 463 -7134
Chairman Carrillo Issues Statement on Barnett Shale Air Emissions Issues
This week, the Railroad Commission of Texas (RRC) discussed issues relating to air quality in the Barnett Shale natural gas
producing region near Fort Worth. We heard testimony from Dish, Texas Mayor Calvin Tillman (population 180). Mayor
Tillman, claiming he's not a "radical, anti - drilling environmentalist," alleges that Barnett Shale development has led to "toxic air"
and that it is his belief "that each of these companies as well as the regulatory bodies over them are fully aware of what toxins
are emitted from these facilities and attempted to hide this." He joins Fort Worth Democratic Representative Lon Burnam in
urging the RRC to impose a seven county drilling moratorium for at least one year on Barnett Shale natural gas drilling.
Mr. Tillman bases his claim, in part, on a study performed by a private firm (Wolf Eagle Environmental Engineers &
Consultants, LLC) hired by the city. Wolf Eagle found some elevated levels of benzene, among other volatile organic
compounds (VOCs).
This testimony came on the same day that the Texas Commission on Environmental Quality (TCEQ) released a statement that
a recent three -day sampling of 126 natural gas production sites near Fort Worth found "No Cause for Concern" related to
Barnett Shale exploration and production activities. The TCEQ report noted: "In fact, the majority of the testing during that
trip found no detection of volatile organic compounds at all," said TCEQ's John Sadlier, Deputy Director of the Office of
Compliance and Enforcement. "At the sites where our monitoring staff detected odors, or our instruments detected the
possible presence of VOCs, we collected more sensitive air canister samples. When analyzed, these samples showed either
non - detection or levels of VOCs below levels which would cause any short-term or long -term health concerns." Benzene was
among the 22 VOCs for which the air tests were conducted.
This underscores my comments that practical, common sense solutions are needed to protect the public health but without
crippling our Texas economy. Reactionary policy could have a devastating effect on Barnett Shale development that has been
critically important to the Texas economy, jobs, and domestic energy security. Like most Texans, when I first heard about the
preliminary air emission reports, that we may have elevated levels of certain VOC's like benzene, I was concerned. However,
I also understood that we were a long way from having enough scientific data to definitively determine the exact source and
levels of these compounds. We are just now beginning to collect sufficient data from impartial, non - biased sources to
accurately assess the emission and exposure levels in the communities within the Barnett Shale.
Since 1982, the Texas Legislature put in place a Memorandum of Understanding (MOU) between the RRC and TCEQ
delineating our respective areas of jurisdiction and responsibilities. The two state agencies are already working together,
along with local communities like Fort Worth to address these important concerns. TCEQ Chairman Shaw and I have agreed
that both state agencies should continue to coordinate and cooperate on this and other areas of concern. While the final
answer is not in on this, the recent TCEQ air emission report goes a long way in helping Texans better understand the issue.
We will continue to remain engaged, to participate in relevant meetings, and to monitor the overall situation. We understand
that TCEQ will soon install a continous air monitoring station in the Barnett Shale area to further monitor the situation.
Texas remains the premier energy producing state in the nation, producing over seven trillion cubic feet of natural gas in
calendar year 2009 — the most, by far, of any other state. The Barnett Shale trend now produces in 23 north- central Texas
counties around Fort Worth and is the largest urban drilling environment in the world. As of December 2009, approximately
14,000 producing wells have been drilled in the trend and over 6 trillion cubic feet of clean- burning natural gas have been
produced from 2000 -2009 alone. Today, the Barnett Shale contributes over 25% of total Texas natural gas production. In an
economic impact report a few years ago, it was estimated that the Barnett Shale would contribute 100,000 jobs and multiple
billions of dollars to the Texas economy. Put another way, projections have estimated that between 2001 and 2015 the
Barnett Shale will contribute $100 billion dollars in output and one million person -years of employment at the very time when
Texas and our nation most need jobs, economic development and domestic energy security.
This is a vitally important issue to Texas. Not only from a public health standpoint but also from an economic standpoint with
tens of thousands of jobs at stake. Therefore solutions need to be based on scientific facts gathered and analyzed by
independent bodies, not conjecture and accusations. TCEQ's efforts will not stop with this study and they will continue their
monitoring and collection effort. The Railroad Commission will continue to play an active role in the ongoing discussions with
both state and local officials. An outright drilling moratorium as suggested by Democratic Representative Lon Burnam, based
on the facts we have in hand to date, would be a drastic overreaction to this issue and would negatively impact Texas.
A native of Abilene, Texas, Victor Carrillo joined the Texas Railroad Commission in February 2003. In 2004, he won his first
statewide election with almost four million votes and secured a six -year term of office through 2010. He has worked as a
geologist, geophysicist, college professor, attorney and judge. He was previously elected to the Abilene City Council and as
Taylor County Judge. He currently seeks re- election.
httn: / /www.tceg.state.tx.us /comm exec / communication /media /011210FWOilandGas
il and Gas Air Tests Worth
Cause for Concern"
FOR IMMEDIATE RELEASE
Tuesday, January 12, 2010 - TCEQ will continue air testing, monitoring in Barnett Shale
Contact Terry Clawson
Phone 512- 239 -0046
Pager 512- 657 -0738
An intensive three -day TCEQ air monitoring effort in Ft. Worth the week of Dec. 14 surveyed more
than a hundred natural gas production facilities within the city limits for potentially dangerous air
emissions, and found no pollutants at levels that would be a cause for concern.
"In fact, the majority of the testing during that trip found no detection of volatile organic compounds at
all," said the TCEQ's John Sadlier, deputy director of the Office of Compliance and Enforcement. "At
the sites where our monitoring staff detected odors, or our instruments detected the possible presence of
VOCs, we collected more sensitive air canister samples. When analyzed, these samples showed either
non - detection or levels of VOCs below levels which would cause any short-term or long -term health
concerns." Benzene was among the 22 VOCs (volatile organic compounds) tested for.
"This study was undertaken in response to concerns from citizens in the North Texas area," said TCEQ
Executive Director Mark Vickery. "Our agency is committed to protecting the health of the people of
Texas. While we did not document any dangerous ambient air pollution during this study in Ft. Worth,
we will continue to perform additional studies and monitoring in the area of the Barnett Shale."
Three teams of experienced monitoring staff fanned out over Ft. Worth from Dec. 15 - 17, equipped
with infrared cameras that detect VOC emissions invisible to the naked eye, hand -held sniffers called
toxic vapor analyzers, and air sampling canisters that were used to take samples when any of the
instruments detected potential emissions or the staff detected strong odors.
The teams surveyed 126 natural gas production sites that ranged from drilling and fracturing processing
sites to disposal sites to compressor facilities. The sites surveyed were selected by a combination of
factors, including facility types, proximity of the site to residences, and size of the facility. All samples
were collected off site, using standard monitoring protocols taking into account wind direction and other
atmospheric conditions.
The TCEQ will continue to respond to citizen complaints concerning oil and gas facilities and has
modified internal guidance to provide quicker response times to complaints. Large scale, more in -depth
air quality studies covering a much larger area of the Barnett Shale formation have been conducted, and
results are expected in mid - January. The results of the study will be posted on the TCEQ's Barnett Shale
Web site which also contains additional information on air quality in the area.
Work Session Roll Call
if present
T Lori Bryan
_ Ray Cowan
Frank Fernandez
Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
Jason Galloway
Lana Sather
Regular Meeting & Public Hearing Roll Call
if present
Lori Bryan
Ray Cowan
Frank Fernandez
Ernest Harvey
David Hunn
Charles Overstreet
Billy Simpson
Jason Galloway
Lana Sather
DFW Midstream Chad Small T 214.242.1959
8226 Douglas Ave., Suite 523 Vice President - Commercial F 214.242.1972
Dallas, Texas 75225 chad.small @dfwmidstream.com
Kennedale Oil & Gas Ordinance Roundtable Meeting
January 13, 2010
Section (c -1)(1) — Gathering stations by special exception
"Within the city, the establishment and operation of a gathering station, whether in conjunction with a
gas well or as an independent operation, shall only be permitted by special exception in accordance
with sections 17 -422 and 17 -430 hereof. A special exception for a gathering station shall not be
granted unless the Board of Adjustment is satisfied that the gathering station will not jeopardize the
health, safety, or welfare of the city's residents and will not cause an undue burden on the City or its
residents."
DFW Midstream Comment /Recommendation: How will this be determined?
Section (c- 1)(3)a. — Gathering stations by special exception
"No gathering station shall be permitted within six hundred (600) feet of any habitable residential
structure or public building, institution, park, school, or commercial building for which a building
permit has been issued on the date of the of the application for a drilling permit is filed with the
inspector, or cultural, historic or archeological resources, floodways, or environmentally sensitive
areas, or groundwater recharge areas; provided, however, that this minimum setback may be reduced
to three hundred (300) feet if all affected property owners agree in writing. No gathering station shall
be permitted within three hundred (300) feet of a neighboring property line unless all affected
property owners agree in writing."
DFW Midstream Comment /Recommendation: Why 600 feet? would recommend measuring from
compression equipment to neighboring structure versus property line.
Section (c- 1)(3)b. — Gathering stations by special exception
"No gathering station shall be located within two hundred (200) feet of a railroad right -of- way."
DFW Midstream Comment /Recommendation: Need to understand the objective. Seems like it would
make sense to co- locate utilities /transportation infrastructure to reduce impact on developable
property.
Section (c -1)(8) — Gathering stations by special exception
"A special exception for a gathering station shall be reviewed by the Board of Adjustment two years
from the date it was granted. At that time, the Board may consider whether the gathering station has
been in compliance with all relevant city, state, and federal regulations and guidelines. Special
exceptions may be revoked for gathering stations found to be not in compliance."
DFW Midstream Comments/ Recommendations
Page 2
January 13, 2010
DFW Midstream Comment /Recommendation: At a minimum there should be a cure period for
operator to get back in compliance.
Section (61-1)(3) — Oil and gas permit application
"Applications for oil and gas well permits shall include a pipeline easement map indicating the location
of the nearest gathering station and the alignment of the pipeline(s) connecting the operation site to
the gathering station."
DFW Midstream Comment /Recommendation: Would replace "pipeline easement map" with
"proposed pipeline map" and replace "alignment" with "route."
Section (r)(2) — Flow lines and gathering lines
"if a gas field in the city is identified as a H2 S gas field the operator shall be required to cease
operations."
DFW Midstream Comment /Recommendation: Operator should be allowed to install sensors and
automatic shut -off equipment to ensure safe operations. (note: H2S not an issue in this area — less than
grain of H2S per 100 standard cubic feet which is downstream pipeline spec)
Section (r)(3) — Flow lines and gathering lines
"All flow lines and gathering lines within the corporate limits of the city (excluding city utility lines and
franchise distribution systems) that are used to transport oil, gas, and /or water shall be limited to the
maximum allowable operation pressure applicable to the pipes installed and shall be installed with at
least the minimum cover or backfill specified by the American National Safety Institute Code, as
amended."
DFW Midstream Comment /Recommendation: Not sure why utility lines and franchise distribution
systems would be excluded; should replace "American National Safety Institute Code" with Department
of Transportation ( "DOT "), as amended by the Texas Railroad Commission.
Section (r)(4) — Flow lines and gathering lines
"Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of
easements shall be shown in a pipeline easement map approved by the zoning board of adjustment
prior to the installation of any pipelines."
DFW Midstream Comment /Recommendation: Don't understand the need for approval by zoning
board of adjustment. Typically, cities have jurisdiction, with respect to ROW, over city owned property
and street crossings. From a legal standpoint, easements on private property are negotiated directly
with landowners and an agreement is made with respect to width, location, cost, etc. for the easement
or if the parties cannot reach agreement, the commissioners will decide the terms in a condemnation
hearing. For city owned property and street crossings, we would recommend (i) review of alignment
DFW Midstream Comments/ Recommendations
Page 3
January 13, 2010
sheets for city owned tracts and road crossings by the city engineer, and (ii) approval of pipeline license
agreements for city owned tracts and road crossings by the City Manager.
Section (s)(10d. — Additional safety and environmental requirements — Platting or Subdivision Near
Existing Pipelines
"(Subdivider Name), by and through its duly undersigned and authorized officer, does hereby state
that it fully realizes that it is applying for a permit from the City of Kennedale to build within one
hundred feet (100') of an existing oil or gas pipeline or pipeline easement, and that the City of
Kennedale considers building near such pipeline or pipeline easement to have certain inherent
dangers, including, but not limited to, explosion and release of noxious, toxic and flammable
substances. For the aforementioned reasons, (Subdivider Name) does hereby RELEASE and agrees to
forever HOLD HARMLESS the City of Kennedale, Texas, its officers, officials, employees, successors and
assigns from all liability in any way arising from the building, use or habitation of structure described in
the said permit."
DFW Midstream Comment /Recommendation: Need to better understand the objective. Concern is
that this creates a number of potential issues (i) what is the definition of a pipeline? (ii) would every
house in the city need such an agreement due to presence of Atmos pipelines around the city? (iii) is
this necessary - does the City have "real" potential liability that would create a need for such a waiver
and hold harmless agreement? What is the basis for the City saying there are "inherent dangers" by
building within 100' of a pipeline? It may be perfectly safe to build within 100' of a pipeline. Can the
City back up this claim that there is inherent danger?
Section (v)(2) — Abandonment of wells and pipelines
"Upon abandonment of a pipeline, within sixty days of abandonment, a pipeline must be purged and
plugged in accordance with the rules and regulations of the State of Texas in effect at that time."
DFW Midstream Comment /Recommendation: From an operational standpoint 120 days would be
more practical.
t !+ ! , ' ,
If you wish to address the Planning and Zoning Commission, a Speaker's Card must be filled out
and given to the Planning and Zoning Commission Secretary prior to the start of the meeting
Please follow the suggestions listed below:
Please read and provide the required information in order that the Chairman may
recognize you promptly at the appropriate time on the agenda. Please note that
speakers may not comment on agenda items.
2. Please state your full name and address when you begin your remarks in order that
the official minutes will record your appearance before the Planning and Zoning
Commission.
3. Please make sure that your comments are directed towards the Chairman rather than
individual Commission Members or Staff. All speakers must limit their comments to
the subject matter as listed on your request and must refrain from using any profane
language.
THANK YOU FOR YOUR COOPERATION
APPEARANCE BEFORE PLANNING & ZONING COMMISSION
1
DATE: l
Name of Speaker: P al 0 0 S t re ..
F�
Address: ' ~ fit -1 �. 1 Y! Phone: 17 -
4
Ri.
Subject: Amen . rt; . ".' 0 J-1 K, "
Has this subject been discussed with any member or administrative staff. [ Yes ❑ No
If yes, please list name and date: ID V V" e- s s ,
Speaking in Favor Against ❑
Presentations are limited to three (3) minutes for individuals and six (6) minutes for group
presentations if representing 10 or more individuals present at Planning and Zoning
Commission meeting. Speakers must address their comments to the Chairman rather than
individual Commission Members or Staff. All speakers must limit his /her comments to the
specific subject matter as noted above and must refrain from personal attacks towards any
individual.
Consideration of an ordinance amending Chapter 17 of the City Code, as amended, by
establishing regulations concerning guest houses and by amending Sec. 17 -431 Definitions
1. NAME: E % ' ✓� n�°
ZIP
PHONE NUMBER:
2. 1 HEREBY W - 11SH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO
REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE ORDINANCE AMENDMENT.
4. IN REGISTERING, I REPRESENT: SELF El THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GR PS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: DATE: January 21, 2010
If you wish to address the Planning and Zoning Commission, a Speaker's Card must be filled out
and given to the Planning and Zoning Commission Secretary prior to the start of the meeting
Please follow the suggestions listed below:
1. Please read and provide the required information in order that the Chairman may
recognize you promptly at the appropriate time on the agenda. Please note that
speakers may not comment on agenda items.
2. Please state your full name and address when you begin your remarks in order that
the official minutes will record your appearance before the Planning and Zoning
Commission.
3. Please make sure that your comments are directed towards the Chairman rather than
individual Commission Members or Staff. All speakers must limit their comments to
the subject matter as listed on your request and must refrain from using any profane
language.
THANK YOU FOR YOUR COOPERATION
....... O ■ ■ ® ■ ® ® ® ® ® ® ® ■ ® ■ ® ® ■ ® ■ ® ■ ® ■ ® ■ ®.® ® ® ® ® ® ® ® 9 ® ® ® ® ® 9 ® ■ O ■ ® ® ® ® ® ® ® ® ® ® ® ® i ® ® ® ® ® in 1
APPEARANCE BEFORE PLANNING & ZONING COMMISSION
I /I �
DATE: I � 64 1
Name of Speaker: _ '( t4r
Address: C Phone.
Subject: ��,t �'di nC1,1�1� lr, C'
Has this subject been discussed with any member or administrative staff? ,Ves ❑ No
If yes, please list name and date:
Speaking in Favor ❑ Against 0
Presentations are limited to three (3) minutes for individuals and six (6) minutes for group
presentations if representing 10 or more individuals present at Planning and Zoning
Commission meeting. Speakers must address their comments to the Chairman rather than
individual Commission Members or Staff. All speakers must limit his /her comments to the
specific subject matter as noted above and must refrain from personal attacks towards any
individual.
CITY OF KENNEDALE
PUBLIC HEARING
SIGN-IN FORM
Consideration of an ordinance amending Chapter 17 of the City Code, as amended, by
amending regulations governing commercial and industrial zoning districts
1. NAME:
ADDRESS:
PHONE NUMBER:
2. 1 HEREBY V -WISH TO ADDRESS THE COMMISSION.
la �/cv l W�"
P 2(0
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE TO
REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE ORDINANCE AMENDMENT.
4. IN REGISTERING, 1 REPRESENT: ❑ MYSELF RAFHE FOLL
CORPORATIONS, CLASSES OR GROUPS:
f�
i fi �k0 �a WO �_P Ifs 0Wl\
PERSONS, FIRMS,
5.
MR
If you wish to address the Planning and Zoning Commission, a Speaker's Card must be filled out
and given to the Planning and Zoning Commission Secretary prior to the start of the meeting
Please follow the suggestions listed below:
Please read and provide the required information in order that the Chairman may
recognize you promptly at the appropriate time on the agenda. Please note that
speakers may not comment on agenda items.
2. Please state your full name and address when you begin your remarks in order that
the official minutes will record your appearance before the Planning and Zoning
Commission.
3. Please make sure that your comments are directed towards the Chairman rather than
individual Commission Members or Staff. All speakers must limit their comments to
the subject matter as listed on your request and must refrain from using any profane
language.
® ®. ® ®® ®THANK ® YOU FOR YOUR ® CO O PE RA TION
APPEARANCE BEFORE PLANNING & ZONING COMMISSION
DATE: I
Name of Speaker:
A Phone �
Address: '
t'� ��#`.� ,s °1 � � �,��� ` „�v�,
Subject: F "1 x 3 t e..c r i ,S —111 Il c rr iF .
Has this subject been discussed with any member or administrative staff? ' Yes [:]No
If yes, please list name and date
Speaking in Favor ❑ Against ❑
Presentations are limited to three (3) minutes for individuals and six (6) minutes for group
presentations if representing 10 or more individuals present at Planning and Zoning
Commission meeting. Speakers must address their comments to the Chairman rather than
individual Commission Members or Staff. All speakers must limit his /her comments to the
specific subject matter as noted above and must refrain from personal attacks towards any
individual.
NOTICE OF MEETING
KENNEDALE PLANNING & ZONING COMMISSION
K NN DALE, TEXAS
Notice is hereby given that a possible quorum of the Planning & Zoning
Commission of the City of Kennedale, Texas will meet at 10:00 a.m., on the 13
day of January 2010, at 405 Municipal Drive, (Kennedale Municipal Building)
Kennedale, Texas, at which time the following subject will be discussed to wit:
Possible changes to the city's oil & gas ordinance, Sec. 17 -426 of the Kennedale
city code
Dated this the 9 th day of January 2010.
I, the undersigned authority, do hereby certify that the above Notice of
Meeting for the Planning & Zoning Commission of the City of Kennedale, Texas
is a true and correct copy of said Notice and that I posted a true and correct copy
of said Notice on the bulletin board of City Hall of said City in Kennedale, Texas,
a place convenient and readily accessible to the general public at all times, and
said Notice was posted on January 9, 2010 at 2:00 o'clock P.M. and remained so
posted continuously for at least 72 hours preceding the scheduled time of said
Meeting.
Persons with disabilities who plan to attend this meeting and who may
need auxiliary aids or services such as interpreters for persons who are deaf or
hearing impaired, readers, large print, are requested to contact the undersigned
at (817) 985 -2135 five (5) work days prior to the meeting so that appropriate
arrangements can be made.
Dated this the 9 1h day of January 2010.
By: Rachel Roberts
Rachel Roberts
Planner
AOTICE
POSSIBLE QUORUM OF • • f
BOARD/COM MISSION
Notice is hereby given that a City Council Work Session is scheduled for 5:30
P.M., and Regular Session is scheduled at 7:00 P.M. on Thursday, the 14 day of
January 2010, in the Council Chambers located at City Hall, 405 Municipal Dr.,
Kennedale, Texas. A quorum of the Planning and Zoning Commission may or may not
be present at any particular time. This is not a regularly scheduled meeting of the
Planning and Zoning Commission, but this notice is being posted in the event a quorum
is present. The Planning and Zoning Commission can take no action at this Council
Meeting.
iffik
(REFER TO CITY COUNCIL JANUARY 14, 2010 AGENDA POSTING)
Dated this l l day of December 2009.
By: Bryan Lankhorst, Mayor
I, the undersigned authority, do hereby certify that the above Notice of Possible
Quorum for the Kennedale Planning and Zoning Commission of the City of Kennedale,
Texas is a true and correct copy of said Notice and that I posted a true and correct copy of
said Notice on the bulletin board of City Hall of said City in Kennedale, Texas, a place
convenient and readily accessible to the general public at all times, and said Notice was
posted on January 11, 2010 by 5:00 P.M., and remained so posted continuously preceding
the scheduled time of said Meeting.
Persons with disabilities who plan to attend this meeting and who may need
auxiliary aids or services such as interpreters for persons who are deaf or hearing
impaired, readers, large print, are requested to contact the undersigned at (817) 985.2104
five (5) work days prior to the meeting so that appropriate arrangements can be made.
Dated this the 11 day of January 2010.
By: Kathy Turner
Kathy Turner, TRMC /CMC
City Secretary
AGENDA
Round Table Meeting, Oil & Gas Operator Stakeholders
January 13, 2010
I. Introductions
II. Background: City of Kennedale motivations behind the changes
III. Follow -up Feedback
IV. Review of Comments
V. Next step in the ordinance revision process
Comments from Operators Working Kennedale
Re: proposed changes to the oil and gas ordinance
7- , .
Compressor Stations
■ We believe that Compressor Station would more appropriately be considered a facility
where production from several leases comes together to boost pressure into a
transmission line.
On a single lease, compressor would normally be considered a "Line Compressor: A
device that raises the pressure of a compressible fluid (gas) in order for the gas to be
transported through a pipeline."
Habitable Structures
■ The ordinance references habitable structures but no specific definition is included in
the definition structure of the ordinance. We would suggest the following definition:
Habitable Structure means any structure for which a certificate of occupancy is required.
A habitable structure shall not include detached accessory buildings, garages, and
sheds. We would disagree with the inclusion of a building for which a building permit
has been issued as it may include an unoccupied storage facility or structure not
intended for sleeping or eating.
■ We suggest that a definition for "habitable" is necessary for clarification purposes.
Gas Lift Compressor
■ A gas lift compressor is a device that raises the pressure of a compressible fluid or
(gas) in order to lift gas from the well. [We] recommend that the definition specify that
the lift compressor is temporary; therefore, there is no need to enclose this equipment,
as mandated later in the ordinance (Section (o) (15)), since the lift compressor is
already enclosed within the walls of the site.
Section 17 -426 (c)(2) PROPOSED REVISION
(c) Oil and gas well drilling and production by special exception.
(2) No drilling production, compressors, compressor station or gathering station shall be permitted
within six hundred (600) feet of any habitable Y°Q1 structure or public building, institution,
park, school, or commercial building for which a building permit has been issued on the date of the
of the application for a drilling permit is filed with the city, or cultural, historic or archeological
resources, floodplains, floodways, or environmentally sensitive areas, or groundwater recharge
areas provided, however, that drilling shall be permitted as close as three hundred (300) feet if all
affected property owners agree in writing. No drilling, production, compressor, compressor station,
or gathering station shall be permitted within three hundred (300) feet of a neighboring property line
unless all affected property owners agree in writing.
COMMENTS
■ This subsection appears to conflict in the requirements for a 300' setback that allows
drilling as close as 300' of a property line with agreement from the adjacent owner. We
would request some consistency with this setback whether to structures or property
lines. Operators always intend to minimize the footprint of our operations by building as
small a padsite as possible and the 300' property line setback creates a stranded area
between the edge of the drillsite and the property line rendering a strip of unused land
on the drillsite tract.
Requiring a 100% waiver without allowing lessors an opportunity to voice their opinion
provides an unintended consequence of only hearing the perspective of the minority. It
has been our experience that some landowners use the 100% waiver requirement as a
bargaining tool for an unreasonable amount of money, which could prevent their
neighbors from receiving royalties. To prevent this, [we] recommend that the City of
Kennedale allow for a lesser percentage of waivers; e.g. 70% versus 100 %. [We] also
recommend that the ordinance be re- worded to reflect that the operator can request a
variance should the 100% amount not be obtained.
I would like to request that we be allowed to be closer than 300' from a building if the
owner gives us permission in writing and does not live in the building. With all of the
development inside the city it is very difficult to find a drillsite that is within 300' from all
surrounding buildings (as we are facing this dilemma with our current drillsite which I
emailed you about previously).
I would also like to suggest that when drilling multiple wells, we can measure the 300'
setback from the wellhead rather than the edge of the pad. I believe this is in the
Johnson County ordinance and would help us a great deal with our current drillsite
location.
[We] would recommend deleting the language prohibiting utilizing the floodplain area.
Most municipalities allow for this under reasonable circumstances. [We] can conduct
and provide to the City the necessary evaluations to confirm that the floodplain area
can be safely utilized. As far as utilization of a floodway, [we] acknowledges that such
practice is rare but would like to preserve the right to obtain City approval to do so under
the appropriate circumstances. Please see the following language extracted from the
City of Lewisville's ordinance which would authorize use of a floodplain and use of a
floodway with Council approval
2
Ordinance No. 3675 -05 -2009
Section
"No oil or gas or well permit shall be issued for any well to be drilled within any floodway
as defined by most current FEMA map, without the prior consent of the City Council
[Board of Adjustments].."
Ordinance No. 3675 -05 -2009
Section J
"Oil and Gas Well permits may be issued on property located in a flood plain, provided
that all water and drilling materials must be in steel containers except for the concrete
pad. No reserve pits shall be allowed in the flood plain. An engineer's certificate shall be
provided showing no negative impact on water flow in the flood plain."
Sec. 17 -426 (c -1)(3) PROPOSED REVISIONS
Gathering stations by special exception.
(3) Gathering stations shall be subject to the following on -site operation requirements:
a. No gathering station shall be permitted within six hundred (600) feet of any habitable
residential structure or public building, institution, park, school, or commercial building for which a
buildinq permit has been issued on the date of the of the application for a drilling permit is filed
with the inspector, or cultural historic or archeological resources, floodplains, floodways, or
environmentally sensitive areas, or groundwater recharge areas provided, however, that this
minimum setback may be reduced to three hundred (300) feet if all affected property owners
agree in writing. No -gathering station shall be permitted within three hundred (300) feet of a
neighboring property line unless all affected property owners agree in writing.
b. No gathering station shall be located within two hundred (200) feet of a railroad right -of -way.
COMMENTS
® The setback comments from a compressor facility are the same as above.
We believe that a 200' setback to a railroad ROW poses an unnecessary loss of surface
to the property owner that will be shouldered by industry. We see no need to create an
unused buffer of 200' from a facility due to the presence of a railroad ROW. Numerous
other structures and businesses are constructed adjacent to the ROW's and this
restriction obligates the operator to purchase additional property that will not be used in
the gathering or compression of natural gas.
3
Sec. 17 -426 (c- 1)(3)(g) PROPOSED REVISION
(c -1) Gathering stations by special exception.
(3) Gathering stations shall be subject to the following on -site operation requirements:
g. All facilities used for parking, loading, unloading, driveways and all other vehicular access shall
be constructed of concrete, asphalt or an alternative equivalent strength solid, dust -free surface
that meets all minimum fire code requirements provided that the drive approach from the street be
constructed of concrete The surface for such facilities and drive approach must always be
maintained in good condition and repair. Facilities and drive approaches must be constructed and
maintained in compliance with the City of Kennedale Public Works Design Manual.
COMMENTS
■ It is our recommendation to allow the operator to apply dust control to the remainder of
the road and pad to eliminate any dust issues. A concrete drive approach will help
reduce the amount of debris that is carried into the City of Kennedale's streets.
Sec. 17 -426 (c -1)(6) PROPOSED REVISION
(c -1) Gathering stations by special exception.
(6) Within sixty (60) days after the discontinuation of operations of a gathering station, the equipment
at the site shall be removed and the site shall be cleaned and the land graded and returned to its
original condition including replanting of vegetation to match the surrounding area. All cleanup and
removal of equipment shall be performed in accordance with applicable Environmental Protection
Agency, Texas Commission on Environmental Quality and Texas Railroad Commission regulations.
COMMENTS
■ [We] recommend that the sixty -day timeline be extended to 120 -days in order to reclaim
the site properly.
Sec. 17 -426 (c -1)(8) PROPOSED REVISION
(c -1) Gathering stations by special exception.
&L A special exception for a gathering station shall be reviewed by the Board of Adjustment two
years from the date it was granted. At that time, the Board may consider whether the gathering
4:.
station has been in compliance with all relevant city, state and federal regulations and guidelines.
Special exceptions may be revoked for gathering stations found to be not in compliance.
COMMENTS
■ We do not understand the stipulation for a BOA review of a special exception two years
after approval. We would be reluctant to make a capital investment to have it scrutinized
and perhaps denied after construction and operation. This section does not provide for
any remedies that an operator may seek in the event of any relevant compliance issues.
■ We suggest that a monetary fine structure be set up if an operator is not in compliance.
It is recommended that a timeframe be adopted in which the operator can cure any
issues that the City finds prior to revoking the special exception. If this isn't included,
and a facility is found to be in non - compliance and shut down, irreversible economic
consequences will occur. This action would cause the flow of gas to be constricted, if
not shut down production altogether.
Sec. 17 -426 (d) PROPOSED REVISION
(4) Oil and gas well permits shall automatically expire three hundred sixty five (365) days from the
date of the issuance of the oil or gas well permit.
COMMENTS
■ We would request all gas well permits be valid for a period of two years to be consistent
with same period of time allowed by the Railroad Commission of Texas.
Sec. 17 -426 (d -1)(b) PROPOSED REVISION
(1) Applications for oil and gas well permits shall include the following:
(b) A copy of the stormwater pollution prevention plan as required by the
Environmental Protection Agency. A copy of the notice of intent shall be submitted to the
City of Kennedale Public Works Department and the Permits and Planning Department,
three (3) days prior to the commencement of any onsite activity.
COMMENTS
® The oil and gas industry is federally exempted from filing a storm water pollution and
prevention plan ( SWPPP) for all sites that are less than five acres in size. Where
applicable we routinely prepare SWPPP plans to mitigate drainage, siltation and run -off
from our construction activity.
Sec. 17- 426(d -1)(e) PROPOSED REVISION
(d -1) Oil and pas permit application.
(1) Applications for oil and gas well permits shall include the following_
(e) The exact and correct acreage and number of wells.
COMMENTS
® The exact and correct acreage and number of wells can be a moving and sometimes
unknown target, depending upon many factors such as leasing, faulting, well
performance, engineering advancement, etc. This section requires further study.
Sec. 17- 426(d -1)(i) PROPOSED REVISION
(d -1) Oil and pas permit application.
(1) Applications for oil and gas well permits shall include the following:
(i) A hazardous materials inventory statement including MSDS sheets on all
products being used broken down into drilling and post drilling documents.
COMMENTS
® Hazardous materials inventory is already regulated by OSHA and the TRCC. It is also
our company policy and vendor policy to provide these documents onsite for review at
anytime.
Requiring a hazardous material inventory statement during the permitting process but
prior to drilling is impractical due to the nature of the oil and gas industry. Instead, we
suggest that a `generic' list of MSDS be provided for reference with the permit.
Sec. 17 -426 (d -1)0) PROPOSED REVISION
(1) Applications for oil and gas well permits shall include the following:
(i) A surface reclamation plan .
6
COMMENTS
■ The requirement for a surface reclamation plan is unclear and dependent up the desires
of the drillsite tract owner. Our operations are contractually restricted by specific
language in the Oil and Gas Mineral lease or a Surface Use Agreement which restricts
our activity to the access road and drilliste. Any reclamation to the site may be found in
these documents.
It is our position to ensure that the surface will always be restored to is original
conditions or as the lease states.
Sec. 17 -426 (d -1)(1) PROPOSED REVISION
(1) Surface owner names(s) and address(es) of the lease property.
COMMENTS
■ For surface owner names and addresses of the lease property could include hundred of
individuals. Is the requirement intended to provide the name and address of the drillsite
tract owner?
Sec. 17 -426 (d -1)(m) PROPOSED REVISION
(m) A sound analysis and sound management plan
COMMENTS
■ Will a sound analysis be required for all proposed wells? We do not believe it is
necessary to provide a noise abatement plan for wells that will be drilled at distances
greater than 600' from residents or at sites that our acoustical engineer determines will
not impact nearby residents.
■ We suggest using the maximum ambient plus `x' many decibels or requiring this type of
plan. Using both is redundant.
The intended affect is to ensure operations remain below the allowable decibel levels.
Mitigation plans are varied on type of rig, area, time of year, etc.
7
Under this proposal, the ordinance will ultimately fail because it requires too much detail
in decisions made too far in advance to meet these guidelines without taking into
account the actual circumstances of the site.
Sec. 17 -426 (d- 1)(1)(o) PROPOSED REVISION
(o) A wastewater management plan describing how wastewater will be disposed.
Wastewater management reports must be submitted one month after the commencement
of drilling or any activity that results in wastewater, and semi - annually thereafter until such
time as activities at the site no longer result in wastewater.
COMMENTS
® A wastewater plan is simple to describe and prepare as we routinely deal with waste
form our drilling and production operations under the regulations of the Railroad
Commission of Texas and the Texas Commission on Environmental Quality. We do not
understand the need to provide the city with wastewater management reports to be
submitted after the commencement of drilling or other activity. What specifically is
needed to provide the city with management of our fluids from production operations?
The reporting requirement essentially states that we will submit reports to the city for the
25 + year life of the operations and seems redundant when currently regulated by the
aforementioned state agencies. We also believe the city has identified an operator's
requirement for waste management on Page 23 (11) where it states "All disposals must
be in accordance with the rules of the Railroad Commission and any other appropriate
local, state or federal agency."
Because the amount of waste water from wells can vary and is unknown at the time of
permitting, we suggest that this requirement would actually be covered already under
subsection (k) `truck routes.'
Sec. 17 -426 PROPOSED REVISION
(d -1) Oil and pas permit application.
(3) Applications for oil and gas well permits shall include a pipeline easement map
indicating the location of the nearest gathering station and the alignment of the pipeline(s)
connecting the operation site to the gathering station.
COMMENTS
■ Is it necessary to show the location of the compression facility (gathering station) if it is
located outside of the Kennedale city limits?
This section needs additional clarification. For example, what if the gathering station is
not in Kennedale? The operator may not be able to connect to the nearest line or the
line that the operator may connect to may not exist during the permit process.
Sec. 17 -426 PROPOSED REVISION
(d -1) Oil and gas permit application.
(5) Applications for oil and gas well permits shall include three (3) complete copies of the
operator's emergency action response plan.
COMMENTS
■ Why are three copies of the Emergency Response Plan necessary? Are these plans to
be site specific or may an operator use one plan for all existing sites within the city? It is
not likely that a site in east Kennedale would have a different ERP from a site in west
Kennedale.
Sec. 17 -426 PROPOSED REVISION
(d -1) Oil and gas permit application.
(6) Oil and gas well permits shall automatically expire if drilling of the well bore has not
commenced within three hundred sixty five (365) days from the date of the issuance of the
oil or gas well permit.
COMMENTS
■ This requirement is mentioned twice in the document and addressed in our comments
above...
Sec. 17- 426(h)(1) PROPOSED REVISION
(h i) Contents of oil and gas well permit issued by the city.
(1) Each oil and gas permit shall contain the following information:
E
a. Identify the name of each well and its operator;
b. Specify the date on which the city issued each permit;
c. Specify that the permit shall expire within three hundred sixty -five (365) days of issuance;
COMMENTS
■ See previous comments requesting a two year term for a permit.
Sec. 17- 426(o)(3) PROPOSED REVISION
(o) On -site operation requirements.
(3) Permanent cedar fences with masonry columns spaced not less than sixteen (16) feet, nor
more than twenty -four (24) feet surrounding producing sites shall be a minimum of eight (8) feet in
height or higher than the enclosed equipment and shall remain locked at all times when no one is
present. For security purposes, all permanent fencing structures shall have a wrought iron gate to
allow visibility into the well site.
COMMENTS
■ The fencing and screening requirements are very prescriptive and do not seem
consistent with the location of current drillsites in gravel pits and industrially zoned areas
of Kennedale. We would request that the ordinance be modified to require operators to
submit a fencing and screening plan that provides site security and is compatible with
the adjacent landuse or architecture. The plan may then be reviewed or modified, if
necessary, by the BOA.
Sec. 17- 426(o)(15) PROPOSED REVISION
(o) On -site operation requirements.
1( 5) Temporary compressor for each well shall be classified as temporary for six (6) months for
noise and screening regulation purposes. Compressors shall be classified as permanent thereafter
and shall be required to meet noise and screening requirements for permanent compressors.
a. Sound blankets shall be permitted for noise abatement on temporary compressors.
b. No sound blankets shall be permitted for permanent compressors. All acoustical structures
for permanent compressors must be constructed of permanent material constructed of metal,
masonry or other structurally sound material in compliance with the zoning district regulations,
for compatible use.
10
COMMENTS
■ Temporary compressors can be required at any stage in the life of the well, for reasons
including:
1) initial gas lift while recovering load water;
2) Gas lift when another operator stimulates a well that communicates to a [our] well,
requiring temporary volumes of water to be lifted to re- establish production; and
3) As gas wells age, they lose pressure and sometimes need a boost to get going
again.
`Temporary' should be understood to occur anytime in the life of the well.
■ We require additional clarification on the differences between sound blankets and
acoustical structures.
■ Acoustical structures would most likely be considered to be a sound wall. It is not clear
what compliance with zoning district regulations would actually require.
Sec. 17- 426(o)(16) PROPOSED REVISION
(o) On -site operation requirements.
(16) All facilities used for parking loading unloading driveways and all other vehicular access to
each drill site operation site and gathering station or compressor station shall be constructed of
concrete asphalt or an alternative equivalent strength, solid, dust -free surface which complies with
all Fire Code standards provided that the drive approach from the street be constructed of
concrete The surface for such facilities and drive approach must always be maintained in good
condition and repair. Facilities and drive approaches must be constructed and maintained in
compliance with the City of Kennedale Public Works Design Manual.
COMMENTS
■ We suggest further clarification regarding `all Fire Codes.' Which fire code does the City
adhere to?
If this language entails concrete, asphalt, or other impervious cover on the entire pad
site, the ability to lay new flow lines and perform maintenance on existing underground
lines will be hampered. For the most part, all staging of vehicles /equipment takes place
on the pad site. It is a concern that HMAC (asphalt) does not offer the structural
integrity to withstand truckloads, and will wear quickly not only creating more debris, but
requiring wasteful and inefficient practices. Laying concrete over the entire pad surface
will be cost prohibitive and create drainage issues for surrounding property owners
11
because of the impervious nature of the concrete. It is feasible to install a concrete drive
approach if necessary. [We] use a crushed concrete pad surface and also utilizes an
effective dust mitigation program. The dust control is applied on a regular basis and [we]
use an outside company to maintain this process.
Sec. 17- 426(o)(17) PROPOSED REVISION
(o) On -site operation requirements.
(17) A vehicular access qate for the drill site shall be located within seventy -five (75) feet of the public
road connecting to the drill site.
COMMENTS
■ This section requires further clarification. For example, does this preclude an additional
gate at the location if the access road is long? Would we need Knox boxes for multiple
gates? Would the concrete approach only have to go as far as the first gate?
Sec. 17- 426(p)(4) PROPOSED REVISION
(p) Operations and equipment practices and standards.
(4) Internal combustion engines may be used in drilling and producing operations if they have
mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred
(300) feet from the boundary of the drill site or operation site and prevent the escape of noxious
gases, fumes or ignited carbon or soot The noise level during fracing drilling, production, or other
operations shall reduce the noise to not more than seventy (70) decibels at any point three hundred
(300) feet from the boundary of the drill site or operation site. If noise levels at a distance of three
hundred (300) feet exceed seventy (70) decibels, a sound reduction enclosure shall be required
around a drilling rig and any internal combustion engines. Only electric motors shall be used for the
purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well
sites.
COMMENTS
■ We suggest that this section be further studied and clarified to avoid confusion. For
example, the paragraph begins with the statement that internal combustion engines
may be used as long noise does not exceed 70dB 300' from location. However, it also
states that electric motors shall be used for gas compressors.
12
Aside from the above inconsistency, this section does not take into account situations in
which electric power may not be available at certain locations. Requiring electric
compressors can severely limit flexibility for compressor design.
Also, 70 dB corresponds to the noise level in an office. Depending on the location, the
ambient background may be this high or higher without any drilling activity.
Obviously, requiring sound enclosures in this circumstance would not be useful. Finally,
`noxious gases' need to be defined.
Sec. 17- 426(s)(15) PROPOSED REVISION
(s) Additional safety and environmental requirements.
(15) Flarinq or burning of gas or petroleum of any kind after the well is in production is prohibited.
Temporary flaring or burning to accommodate public safety may be performed but only when
approved by the fire marshal Appropriate public notice for planned and unplanned flaring events
must be given to designated city staff. Operators shall notify the city forty -eight (48) hours before
planned flaring begins and should provide an estimate of how long flaring is expected to last.
Operators must notify the city within three (3) hours of discovery of a situation that calls for
unplanned flaring to accommodate public safety.
COMMENTS
® The required notice provisions for flaring are reasonable when considering that we will
have a planned event to flare gas from a well. Some well completion situations may
dictate that we initiate flaring immediately and we will have the ability to provide the fire
marshal with the stated notice. In all flaring instances we will provide the marshal with
as much advance notice as possible. Flaring is not commonly used and is generally
performed for periods of 12 hours or less.
Sec. 17- 426(s)(16)(a) PROPOSED REVISION
(s) Additional safety and environmental requirements.
(16) Platting, Development or Redevelopment near existing oil or gas wells.
a. Plat Statement
13
When an existing oil or gas well is located on the subiect property to be platted, all plats must
contain a statement that no building, not necessary to the operation of an oil or gas well, shall be
constructed within three hundred (300) feet from any existing oil or gas well. If, upon appeal to the
Planning and Zoning Commission and the City Council, a variance for a lesser distance is
approved, the statement shall reflect the distance granted by the Planning and Zoning Commission
and the Citv Council...
The plat statement note shall read as follows:
BUILDING CONSTRUCTION DISTANCE LIMITATION TO AN OIL OR GAS WELL BORE
Pursuant to the Kennedale City Code, no building(s) not necessary to the operation of an oil or gas
well shall be constructed within 300 feet (or distance granted by Planning and Zoning Commission
and City Council variance) from any existing oil or gas well bore. The distance shall be measured
in a straight line from the well bore to the closest exterior point of the building, without regards to
intervening structures or objects.
COMMENTS
■ We would request that this subsection includes a requirement that the developer or
applicant notify the operator of the padsite in writing that platting and subdivision is
intended within 600' the wellsite. Platting and the construction of protected structures
near a drillsite can effectively preclude any future gas well development.
It has been our experience that when similar language has been proposed by other
cities, a variance is almost always granted or the section is simply not enforced. It is
extremely rare for a landowner to agree to sign these statements.
Sec. 17- 426(s)(16)(e) PROPOSED REVISION
(s) Additional safety and environmental requirements.
(16) Platting, Development or Redevelopment near existing oil or gas wells.
e. Notation on development plan and plat
In all cases in which one or more residential lots in a proposed subdivision are crossed or come by
or come within one hundred feet (100') of any existing oil or gas pipeline or pipeline easement, the
subdivider shall provide a note on the face of the development plan and record plat stating that the
subdivision is crossed or is located within one hundred feet (100') of an existing oil or gas pipeline.
14
COMMENTS
® We suggest this section be studied further. Notification would have to be sent out in
almost every case since most homes and businesses have gas lines connected to
them.
Sec. 17- 426(u) PROPOSED REVISION
(u) Reworking of well, notice.
Any person who intends to rework a well using a drilling rig, to fracture stimulate a well after initial
completion, or to conduct seismic exploration involving explosive charges shall give written notice to
the city at least ten (10) days before the activities begin. The notice shall identify where the
activities will be conducted and shall describe the activities in reasonable detail, including but not
limited to the duration of the activities and the time of day they will be conducted. The notice must
also provide the address and twenty- four -hour phone number of the person conducting the
activities. The person conducting the activities will post a sign on the property giving the public
notice of the activities, including the name, address, and twenty- four -hour phone number of the
person conducting the activities.
COMMENTS
® We suggest re- wording the language as follows: 3. That said lot(s) and /or adjoining un-
platted tracts of land may be impacted by oil or gas well related operations that may be
due to current or future drilling, production, maintenance, re- working, testing or fracture
stimulation of the wells.
It is our understanding that the City is concerned that developers and potential
homeowners would be hesitant to purchase property located in "close" proximity, by the
City's definition the neighboring property line, to wellsites or gathering stations. It has
not been proven that wellsites drive down the prices of lots or homes; therefore, it is
safe to assess that operations will not hinder development in the City of Kennedale.
Purchasing real estate is of course a subjective process and each individual is different.
What may not be acceptable for one potential buyer may be a non- issue to another.
In short, land features have not been proven to affect property values as much as
ratings for the community school district or crime statistics... [We] are committed to
being a good neighbor by utilizing the land to its fullest capability and reclaim sites to
their original condition or better. Furthermore, it is our recommendation that the City
allow for the permitting setback to begin at the neighboring structure versus the
neighboring property line.
15