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05.20.2010 PZ PacketAGENDA PLANNING & ZONING COMMISSION MAY 20, 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. Proposed Amendments to the City of Kennedale Oil & Gas Ordinance B. Form -based Codes C. Guarantees and Maintenance Bonds for Subdivisions D. List of Items for Future Consideration a. Storm Water Ordinances and Creek Ordinances b. Incompatible Zoning Districts /Properties c. Green /Environmental Regulations d. Overlay Zoning District e. Salvage Yard Ordinance f. Comprehensive Land Use Plan g. Sandwich Boards: Sign ordinance review 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. PZ Case 10 -03 to receive comments regarding a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, declaring that such property is unnecessary for use as a public right -of -way. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, a portion of Woodlea Acres Lot 21 -A, Block 1, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1022, 1029, and 1021 Bowman Springs Road. A. Staff Presentation B. Public Hearing C. Staff Response and Summary D. Action on Agenda Item III Page 1 of 2 IV. PZ Case 10 -04 review and consider action to recommend approval of proposed amendments to Chapter 17, Sec. 17 -426 of the Kennedale city code, by revising regulations governing oil and gar drilling and related operations. A. Staff Presentation B. Public Hearing C. Staff Response and Summary D. Action on Agenda Item IV V. MINUTES Approval of minutes from the April 15, 2010 Planning & Zoning Commission meeting VI. STAFF REPORTS 1) Update on City Projects VII. ADJOURNMENT Page 2 of 2 NOTICE OF MEETING KENNEDALE PLANNING & ZONING COMMISSION KENNEDALE, TEXAS Notice is hereby given that a Work Session, Regular Meeting, and Public Hearing will be held by the Planning & Zoning Commission of the City of Kennedale, Texas at 6:00 p.m., on the 20 day of May 2010, at 405 Municipal Drive, (Kennedale Municipal Building) Kennedale, Texas, at which time the following subjects will be discussed to wit: AGENDA (SEE ATTACHED AGENDA) Dated this the 14 day of May 2010. By: David Hunn, Chairman 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 May 14, 2010 by o' ock 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 14 day of May 2010. f By: Rachel Roberts Rachel Roberts Planner Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold a public hearing for the item listed below on Thursday, May 20, 2010 at 7:00 P.M. in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. Any interested person will be allowed to appear and speak at the public hearings. More information may be obtained by calling (817) 985 -2135. PZ Case 10 -03 to receive comments regarding a petition to abandon a portion of Bowman Springs located along 1022 Bowman Springs, Kennedale, Texas, which is more particularly described as Gaona Addition Block 1 Lot 1. A metes and bounds description of the property is available in City Hall (405 Municipal Drive). The abandonment is requested by the City of Kennedale. All interested persons are encouraged to attend the public hearings or may furnish written comments prior to the meeting. 405 Municipal Drive www.cityofkennedale.com PH 817.985.2130 Kennedale, TX 76060 FX 817.483.0720 Legal Notice Notice of Public Hearing The Kennedale Planning and Zoning Commission will hold a public hearing for the items listed below on Thursday, May 20, 2010 at 7:00 P.M. in the City Council Chambers, located at 405 Municipal Drive, Kennedale, Texas 76060. Any interested person will be allowed to appear and speak at the public hearings. More information may be obtained by calling (817) 985 -2135. PZ Case 10 -03 to receive comments regarding a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, declaring that such property is unnecessary for use as a public right -of -way. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, a portion of Woodlea Acres Lot 21 -A, Block 1, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1022, 1029, and 1021 Bowman Springs Road. PZ Case 10 -04 review and consider action to recommend approval of proposed amendments to Chapter 17, Sec. 17 -426 of the Kennedale city code, by revising regulations governing oil and gas drilling and related operations. All interested persons are encouraged to attend the public hearings or may furnish written comments prior to the meeting. 405 Municipal Drive www.cityofkennedale.com Kennedale, TX 76060 PH 817.985.2130 FX 817.483.0720 City of Kennedale Job No. KEN08305 -02 10/16/2009 Exhibit A, Sheet 1 of 2 RIGHT -OF -WAY ABANDONMENT Being 0.344 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract Number 1225, and the E.R. Mingus Survey, Abstract Number 1075, in the City of Kennedale, Tarrant County, Texas; said area is comprised of a portion of Bowman Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more particularly described by metes and bounds as follows: BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas, said corner is in the east right -of -way line of said Bowman Springs Road; (1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 430.00 feet and whose long chord bears North 25 0 01'04" West, 67.08 feet; (2) Thence along said curve in a northwesterly direction through a central angle of 08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west right -of -way line of aforesaid Bowman Springs Road, same being in the east line of Lot 20, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -B, Page 158, said Plat Records; (3) Thence North 00 0 11'39" West, along said lot line and said right -of -way, passing a bois d'arc stake found at the northeast corner of said lot at 210.86 feet, same being the southeast corner of Lot 21 -A, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -15, Page 35, said Plat Records; and continuing along said right -of- way and the east line of said Lot 21 -A, in all 227.74 feet to a 518 inch iron rod set with a yellow plastic cap stamped "TNP'; (4) Thence North 37 0 20'18" East, leaving said common line, 80.40 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west line of aforementioned Lot 1, Block 1, Gaona Addition, same being in the aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the beginning of a curve in the northwest line of said lot bears North 00 0 22'10" West, 47.11 feet; (5) Thence South 00 0 22'10" East, along said west lot line and said east right -of -way, 352.99 feet to the PLACE OF BEGINNING and containing 0.344 of an acre of land, more or less. NOTE: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD 83) using a GPS network, with directional control monuments shown on the attached map. NOTE: Integral parts of this survey: I. Legal description, sheet No. 1 ii. Map, sheet No. 2 Prepared from survey performed in the month of April 2009. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PUPOSE. RELEASED DATE:10 -16 -09 Ricky L. Gentry, R.P.L.S. Texas Registration No. 5519 Date: C:\AC2004 \TNP\KEN08289\ROW DOC \City2.doc MAP SHOWING 0.344 ACRE TRACT IN THE J. PRICKETT SURVEY, THE E.R. MINGUS SURVEY, CITY OF KENNEDALE TARRANT COUNTY, TEXAS I 53O OW P,� ( LOT 21 —B Q G• 0 LOT 21 —A J P O� �O LOT 20 3 M � N t` o� z O G� PG S p Gcy h LOT 19 BOWMAN SPRINGS ROAD 50' +/— PUBLIC R —O —W PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR A NY PURPOSE, PREPARED BY: Released Dat 10 -16 - 09 DATE: SHEET NO. 2 OF 2 °' NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: A. LEGAL DESCRIPTION, SHEET NO. 1 B. MAP, SHEET NO. 2 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). i' o <' N z ryoCO� G o`y . I 0`� �e P GP C14 I B U W I G OR to W Z y a of W l w GJ� ri / I 21.91' N88'36'16 "W, I z z I � N z P' I 1 ----- - - - - -� - - -- PLACE OF BEGINNING x344 ACRE SCALE: 1" =100' FEET 1" IRON ROD FOUND 0 100 200 C:\AC2004\TNP\KEN08289\ROW EXHIBITS \CITY2.DWG. /NC. TEAGUE NALL AND PERKINS ENGINEERS 0SURVEYORS 000NSULTANTS City of Kennedale Job No. KEN08289 9/30/2009 Exhibit A, Sheet 1 of 3 Being 0.542 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract Number 1225, the E.R. Mingus Survey, Abstract Number 1075, and Lot 20, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -B, Page 158, Plat Records, Tarrant County, Texas; said lot is described to the City of Kennedale, Tarrant County, Texas, according to the deed recorded in Document Number D209206237, Deed Records, Tarrant County, Texas; said area is also comprised of a portion of Bowman Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more particularly described by metes and bounds as follows: BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8959, said Plat Records, said corner is in the east right -of -way line of said Bowman Springs Road; (1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 430.00 feet and whose long chord bears North 25 °01'04" West, 67.08 feet; (2) Thence along said curve in a northwesterly direction through a central angle of 08 0 56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap stamped 'TNP" set in the east line of aforementioned Lot 20, same being in the west right -of -way line of aforesaid Bowman Springs Road; (3) Thence North 00 °11'39" West, along said lot line and said right -of -way, 10.04 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 435.00 feet and whose long chord bears North 38 °19'45" West, 116.34 feet; (4) Thence leaving said common line, along said curve in a northwesterly direction through a central angle of 15 °22'09 ", a distance of 116.68 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the end of said curve; (5) Thence North 04 °59'38" West, 29.57 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "TNP "; (6) Thence North 37 °20'18" East, 100.68 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the north line of aforesaid Lot 20, same being in the south line of Lot 21-A, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -15, Page 35, said Plat Records; (7) Thence North 89 °45'32" East, along said common lot line, 12.98 feet to a bois d'arc stake found at the common northeast corner of said Lot 20 and the southeast corner of said Lot 21-A, same being in the aforementioned west right - of -way line; (8) Thence North 00 °11'39" West, along said right -of -way and along the east line of said Lot 21-A, a distance of 16.88 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "TNP "; (9) Thence North 37 °20'18" East, leaving said common line, 80.40 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west line of aforementioned Lot 1, Block 1, Gaona Addition, same being in the aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the beginning of a curve in the northwest line of said lot bears North 00 °22'10" West, 47.11 feet; C:\AC2004 \TNP \KEN08289\ROW DOC \City.doc City of Kennedale Job No. KEN08289 9/30/2009 Exhibit A, Sheet 2 of 3 (10) Thence South 00 °22'10" East, along said west lot line and said east right -of -way, 352.99 feet to the Place of Beginning and containing 0.542 of an acre of land, more or less. NOTE: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD 83) using a GPS network, with directional control monuments shown on the attached map. NOTE: Integral parts of this survey: i. Legal description, sheets No. 1 and 2 ii. Map, sheet No. 3 Prepared from survey performed in the month of April 2009. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. RELEASED DATE: 9 -30 -2009 Ricky L. Gentry, R.P.L.S. Texas Registration No. 5519 Date: C:\AC2004 \TNP \KEN08289\ROW DOC \City.doc MAP SHOWING 0.542 ACRE TRACT IN THE J. PRICKETT SURVEY, THE E.R. MINGUS SURVEY, /EY, AND LOT 20, BLOCK 1 WOODLEA ACRES ADDITION CITY OF KENNEDALE TARRANT COUNTY, TEXAS �A� I c J � I ri I �P JP �' -T— � P� ( LOT 21 -B QO . I iN I LOT 21 -A N00'11'39 "W I Q 16.88' P 0 0 0 N89'45'32 "E ? - - - � 0 - -- 12.98' -- LOT 20 G ryp 00 1 Z ��^ Off I � I to I� W J 10 cli ti �• r 0 Z NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: A. LEGAL DESCRIPTION, SHEET NO. 1 AND 2 B. MAP, SHEET NO. 3 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). o ` I \ e � / � �O °' o) rn w� V) i wl O O 0 N `— O /Z ��OJ P� N 0° O OP �'�� CD �' PO ' F e a P O F. ^�''�•�.� CF �"� rl o " O� F � i B P # I O O I PO u P G F I 0 G W a A W 5 C3 CP W I o z Z J O ( � I PLACE OF BEG INNING 0.542 ACRE SCALE: 1"=100' FEET 1" IRON ROD FOUND 0 100 200 � I BOWMAN SPRINGS ROAD 50' +/- PUBLIC R -O -W PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. RELEASED DATE: 9-30-2009 PREPARED BY: DATE: SHEET NO. 3 OF 3 Yl L� r. /NC. TEAGUE NALL AND PEWINS ENGINEERS 0 SURVEYORS VA CONSUL TAN TS 1 1 0 0 M A C O N STREET FORT WORTH , TEXAS 76102 ( 8 1 7) 3 3 6 — 5 7 7 3 I C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY.DWG. on N88'I 6169W I tau ( I I LOT 19 I� � I BOWMAN SPRINGS ROAD 50' +/- PUBLIC R -O -W PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. RELEASED DATE: 9-30-2009 PREPARED BY: DATE: SHEET NO. 3 OF 3 Yl L� r. /NC. TEAGUE NALL AND PEWINS ENGINEERS 0 SURVEYORS VA CONSUL TAN TS 1 1 0 0 M A C O N STREET FORT WORTH , TEXAS 76102 ( 8 1 7) 3 3 6 — 5 7 7 3 I C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY.DWG. McCaslin Job No. KEN08289 1/6/2010 Exhibit A, Sheet 1 of 2 RIGHT -OF -WAY Being 0.322 of an acre of land, more or less, situated in Lot 1, Block 1, Gaona Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas; said lot is described to McCaslin Holdings, Inc., according to the deed recorded in Document Number D208462923, Deed Records, Tarrant County, Texas. Said area being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west line of said Lot 1, same being in the east right -of -way line of Bowman Springs Road (an approximate 50 -foot wide public right -of -way); from whence a 1 -inch iron rod found at the southwest corner of said Lot 1 bears South 00 °22'10" East, 352.99 feet; (1) Thence North 00 °22'10" West, along said lot line and along said right -of -way, 47.11 feet to a 1/2 inch iron rod found at the beginning of a tangent curve to the right whose radius is 179.60 feet; (2) Thence continuing along said lot line and said right -of -way, with said curve in a northeasterly direction through a central angle of 69 °48'05 ", a distance of 218.80 feet to the end of said curve; from whence a 1/2 inch iron rod found bears South 11 °11'54" East, 0.53 of a foot; (3) Thence North 69 0 27'50" East, continuing along said right -of -way and along the north line of said lot, 100.72 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 1,444.00 feet and whose long chord bears South 41 °25'38" West, 205.93 feet; (4) Thence leaving said lot line and said right -of -way, along said curve in a southwesterly direction through a central angle of 08 °10'41 ", a distance of 206.10 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the end of said curve; (5) Thence South 37 0 20'18" West, 122.44 feet to the Place of Beginning and containing 0.322 of an acre of land, more or less. NOTE: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD 83) using a GPS network, with directional control monuments shown on the attached map. NOTE: Integral parts of this easement: i. Legal description, sheet No. 1 ii. Map, sheet No. 2 Prepared from survey performed in the month of April 2009. Ricky L, Gentry, R.P.L.S. Texas Registration No. 5519 Date: September 17, 2009 C:\AC2004 \TNP \KEN08289\ROW DOC\McCaslin.doc MAP SHOWING NOTES: 0.322 ACRE TRACT IN 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE LOT 1, BLOCK 1 NETWORK, NORTH CENTRAL WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. GAONA ADDITION 2. INTEGRAL PARTS OF THIS SURVEY: CITY OF KENNEDALE B. MAP, NO. 02 SHEET N0. 1 TARRANT COUNTY, TEXAS 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). 6 1 /2 "IRON ROD FOUND BEARS Q , S11"I1'54 "E, 0.53' GP O. � \ O� LOT 22 -A -R 2C \ \ I 1 0 i a d p'` LOT 21 - B h i v ir �o� ti 1 / 2 " IRON e�' I PG0�5 ROD FOUND LOT 21 -A � 0. � I � � I a O a u� O. I I I I v z • P �O O q I " �` POp O,Sk o �, °�P O� O i �tc� �� LOT 20 I o m ( w ' ° P O �� O G' I X51 �O ° e ` 5 ry OG� ( r o I 3 � GP 0010 6ry i GP O. w I �OOOO�gb�O l a - °� ------------------ V) I - j z I 1" IRON ROD FOUND � U I U) fn LOT 19 I z a I S 1" =100' FEET I 0 100 200 I I 00 I m C:\AC2004\TNP\KEN08289\ROW EXHIBITS \McCASLIN.DWG. P EPAR D BY: / - 06- 1,9 DATE: SHEET NO. 2 OF 2 � si R .f t ` :PE F O't9 /NC. .�.� ........................ n. TEAGUE NALL AND PERKINS RICKY L. GENTRY ENGINEERS 0SURVEYORS CONSULTANTS s q 5519 - .. o Ff S s; y0R 1 1 0 0 M A C O N S T R E E T �SURNE F 0 R T W O R T H, T E X A S 7 6 1 0 2 (81 7) 336 -5773 City of Kennedale Job No. KEN08289 12/22/2009 Exhibit A, Sheet 1 of 3 Being 0.544 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract Number 1225, the E.R. Mingus Survey, Abstract Number 1075, and being a portion of Lot 20, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -B, Page 158, Plat Records, Tarrant County, Texas and Lot 21 -A, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -15, Page 35, Plat Records, Tarrant County, Texas; said area is also comprised of a portion of Bowman Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more particularly described by metes and bounds as follows: BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8959, said Plat Records, said corner is in the east right -of -way line of said Bowman Springs Road; (1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non- tangent curve to the left whose radius is 430,00 feet and whose long chord bears North 25 °01'04" West, 67.08 feet; (2) Thence along said curve in a northwesterly direction through a central angle of 08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the east line of aforementioned Lot 20, same being in the west right -of -way line of aforesaid Bowman Springs Road; (3) Thence North 00 °11'39" West, along said lot line and said right -of -way, 10.04 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 435.00 feet and whose long chord bears North 38 °19'45" West, 116.34 feet; (4) Thence leaving said common line, along said curve in a northwesterly direction through a central angle of 15 °22'09 ", a distance of 116.68 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the end of said curve; (5) Thence North 04 °59'38" West, 29.57 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "TNP'; (6) Thence North 37 °20'18" East, over and across said Lot 20 and said Lot 21 -A, a distance, 202.38 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west line of aforementioned Lot 1, Block 1, Gaona Addition, same being in the aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the beginning of a curve in the northwest line of said lot bears North 00 °22'10" West, 47.11 feet; (7) Thence South 00 °22'10" East, along said west lot line and said east right -of -way, 352.99 feet to the Place of Beginning and containing 0.544 of an acre of land, more or less. NOTE: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD 83) using a GPS network, with directional control monuments shown on the attached map. NOTE: Integral parts of this survey: i. Legal description, sheets No. 1 and 2 ii. Map, sheet No. 3 Prepared from survey performed in the month of April 2009 ,.° Q ' a OF ipky L. entry 1 S rEq� 9 , R.P.L.S. Texas Registration No. 5519 Date: / 2 , RICKY L. GENTRY 5519 '; ��9 Q . 9�Oti� Su R C:\AC2004 \TNP\KEN08289\ROW DOC \City.doc MAP SHOWING 0.544 ACRE TRACT IN THE J. PRICKETT SURVEY, THE E.R. MINGUS SURVEY, AND LOT 20, BLOCK 1 WOODLEA ACRES ADDITION CITY OF KENNEDALE TARRANT COUNTY, TEXAS W ��P I PGO�y' - T — - - - ---� p.� I LOT 21 -8 QG . I � I LOT 21 -A J P P I I O\ � 1 0 NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: A. LEGAL DESCRIPTION, SHEET NO. 1 AND 2 B. MAP, SHEET NO. 3 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). " RR PO 2 J i ry Do/ 3 I <t 0 G J� z F co 1 a 0�00�,�� O P �0 �� ���c.�� � •� ri r� I C)( z o G w I F GP 0 W a N� W z o' W 0 0 �0�� U) W ' W I o 1 I ~ ( z 1 a I J `P.�G \STERF f PREIPARVD BY: .•% RICKY • L. •. GENTRY . I LOT 20 Z 0 SHEET N0. 3 OF 3 SUR A N I 21.91' - - -- �pO �l N88'36'16 "W <' Irn PLACE OF i 0 NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: A. LEGAL DESCRIPTION, SHEET NO. 1 AND 2 B. MAP, SHEET NO. 3 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). " RR PO 2 J i ry Do/ 3 I <t 0 G J� z F co 1 a 0�00�,�� O P �0 �� ���c.�� � •� ri r� I C)( z o G w I F GP 0 W a N� W z o' W 0 0 �0�� U) W ' W I o 1 I ~ ( z 1 a I J BOWMAN SPRINGS ROADG 50' +/- PUBLIC R -O -W ( C: \AC2004 \TNP \I<EN08289 \ROW EXHIBITS \CITY.DWG. 6 L44 `P.�G \STERF f PREIPARVD BY: .•% RICKY • L. •. GENTRY . Y ....... .q 5519 C Ff S S �O, ✓�Q 9N � DATE: SHEET N0. 3 OF 3 SUR I 21.91' - - -- �pO �l N88'36'16 "W PLACE OF i a BEGINNING 1-6 1 J 0.544 ACRE SCALE: 1" =100' FEET LOT 19 °� 1" IRON ROD FOUND 0 100 200 N BOWMAN SPRINGS ROADG 50' +/- PUBLIC R -O -W ( C: \AC2004 \TNP \I<EN08289 \ROW EXHIBITS \CITY.DWG. 6 L44 `P.�G \STERF f PREIPARVD BY: .•% RICKY • L. •. GENTRY . Y ....... .q 5519 C Ff S S �O, ✓�Q 9N � DATE: SHEET N0. 3 OF 3 SUR 9 Z NC. TEAGUE NALL AND PERKINS ENGINEERS 0 SURVEYORS $ CONSULTANTS 1 1 0 0 M A C 0 N S T R E E T FORT WORTH, TEXAS 7 6 1 02 ( 8 1 7) 3 3 6 - 5 7 7 3 NOTES: MAP SHOWING 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE 0. ACRE TRACT IN SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS THE J. PRICKETT SURVEY, NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: THE E.R. MINGUS SURVEY, A. LEGAL DESCRIPTION, SHEET NO. 1 B. MAP, SHEET NO. 2 CITY OF KENNEDA 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW TARRANT COUNTY, TEXAS PLASTIC CAPS STAMPED - TNP ", (UNLESS OTHERWISE STATED). PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. V 7 PREPARED BY: % i'va TEAGUE NALL AND PERKINS Released Date: 10 -16 -09 ENGINEERS 0 SURVEYORS 000NSULTANTS DATE: 1100 MACON STREET FORT WORTH, TEXAS 76102 SHEET NO. 2 OF 2 (81 7) 336 -5773 I - -� pWMPN <" ����c 5J� J� SPd P� LOT 21 -B I N I 0� I- I 00 Z - -- v LOT 21 -A J I z F 4" 0 I N 0 CP 0 � ��1 gy p. i co I ------ - - - - -- m I o \ 0 0 5 g P ' LOT 20 0) G! I ( G CIO ro n w "� I w J z o N O ON N I Q �I W J� F W CO r, O G� z N 0 I G '( o �\�GP�� W 9- 1 ( � C\I\ 1' - -- Z N8836 ? j 1 VW I PLACE OF - - -- �� � �Ao�' rn �•os ��: o I I W z BEG INNING 0.344 ACRE SCALE: 1"=100' FEET LOT 19 °, I 1" IRON ROD FOUND 0 100 200 BOWMAN SPRINGS ROAD 50' +/- PUBLIC R -O -W I I C: \AC2004 \TNP \KEN08289 \ROW EXHIBITS \CITY2.DWG. PRELIMINARY, THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. V 7 PREPARED BY: % i'va TEAGUE NALL AND PERKINS Released Date: 10 -16 -09 ENGINEERS 0 SURVEYORS 000NSULTANTS DATE: 1100 MACON STREET FORT WORTH, TEXAS 76102 SHEET NO. 2 OF 2 (81 7) 336 -5773 ARTICLE V. SUBDIVISION REGULATIONS* http: / /Iibrary7.mwiicode. com/default- test/DocView/ 12367/ 1/78/83 #T DIVISION 11. STREET AND EASEMENT VACATIONS Sec. 17 -304. Generally. When a citizen, group of citizens, or a developer wishes to propose the closing or vacation of a specific public right -of -way, street, or easement which has been dedicated to the city, the following procedures must be followed: (1) A petition requesting the proposed closing or vacation must be presented to the community development director together with the appropriate filing fee. Such petition must contain the names, addresses, phone numbers, and signatures of all property owners holding property adjacent to the portion of the street or easement which is proposed to be vacated. The applicant must submit a metes and bounds legal description and a graphic exhibit of the portion of the ROW to be abandoned which must be signed and sealed by a registered professional land surveyor. In addition, a standard form of vacation acknowledgment shall be completed and submitted for each utility currently located within the right -of -way or easement. (2) The community development director will set a public hearing regarding the proposed closing before the planning and zoning commission at a regularly scheduled — j meeting. Public notices will be mailed to all propert owners affected b th e p posed closing or vacation at least fifteen (15) days prior to the sc meet (3) The city staff will perform the following: a. Secure an appraisal of the value of the physical property involved in the closure. b. Prepare and submit for city council approval, recommendations for the proposed sale and or lease based upon the estimated value and the best interests of the city and owners of the adjacent property. c. Prepare an ordinance and appropriate documents for transfer or lease of the property involved in the vacation or closure. (4) The commission will conduct a public hearing allowing the opportunity for interested parties to express their opinions of the proposed closing or vacation. At the close of the public hearing the commission will make a recommendation to the city council as to the advisability of approving the proposed closing or vacation. (5) The proposed closing or vacation will then be set for public hearing before the city council by the following notices: a. The hearing will be advertised by the publishing of a legal notice in the official newspaper of the city at least fifteen (15) days prior to the scheduled hearing. b. Adjacent property owners will be notified by mail of the proposed public hearing at least fifteen (15) days prior to the scheduled hearing. c. Notice of the proposed hearing before the city council will be posted in a public place within the city at least fifteen (15) days prior to the scheduled hearing. (6) The city council will conduct the public hearing on the proposed closing or vacation, allowing the opportunity for all interested parties to express their opinions on the matter. At the close of the public hearing, the city council will make a determination as to whether the evidence nrPSented nt the hearing tnnPther with the rPCnmmPndatinn 1 of 2 4/23/2010 1:39 PM ARTICLE V. SUBDIVISION REGULATIONS* http: / /library7.mwiicode. com/default- test/Doe View/ 123 67/ 1 /78/83 #T... of the planning and zoning commission provide sufficient justification for proceeding with the closure or vacation. (Ord. No. 143, § 1, Exh. A, § 1100, 11- 13 -97; Ord. No. 339, § 20, 6 -8 -06) 2 of 2 4/23/2010 1:39 PM Staff Report to the Members of the Planning & Zoning Commission Date: I May 10, 2010 Work Session Agenda Item No: I -A Subject: Proposed Amendments to the City of Kennedale Oil & Gas Ordinance Originated by: Rachel Roberts, Planner The oil and gas ordinance amendments are scheduled for public hearing at the May P &Z meeting; I've included it in the work session, too, in case the Commission has any final points it wants to discuss prior to the public hearing. There are a few points to discuss, and we can discuss these during the Regular Session, if preferred. The discussion points are as follows: A. Clarification on required distance from protected uses. Sec. 17- 426(c)(2) The way it's written (see below), no drilling or production, etc., can take place within 600 feet of a floodplain (and other protected uses /areas). In other words, it's not just the floodplain that's protected, but 600 feet extending from the floodplain. When we revised this section, staff's intent was to ensure that residents, local employees, and cultural and environmental resources were protected, and to make sure that no drilling occurred in the city's floodplain. However, we had not intended to add another layer of protection to the 600 feet of land extending outside the floodplain. As you will see on the attached map, factoring in schools, floodplain, and parks, there isn't much land remaining for drilling. The map does not show habitable structures, which limit drilling even further. Of course we want to protect the health, safety, and welfare of our Page 1 of 5 residents and property owners, so drilling locations will necessarily be protected, but since by law we are required to allow mineral owners access to their minerals, we need to make sure we leave room to accommodate some drilling. Note that we've changed the distance requirement as discussed by the Commission during the January meeting. The proposed amendments now include language allowing operators to ask the Board of Adjustment for a variance from the 100% waiver requirement if 75% of the affected property owners agree in writing. Staff recommends that the revised ordinance be recommended to read as follows: (2) No drilling production, compressors, compressor station or gathering station shall be permitted within a _floodplain or floodway or within six hundred (600) feet of any habitable res ideRt structure or public building, institution, ap rk, 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, or groundwater recharge areas; or environmentally sensitive areas excluding floodplain or floodways 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. If seventy -five (75) percent of affected property owners agree in writing to permit drilling as close as 300 feet, then the operator may apply to the Board of Adiustment for a variance from the requirement that all affected property owners must agree in writing. B. Revoking special exceptions, Sec. 17 -426 (c)(6) and (c -1)(8) We need to add a remedy section, providing operators the opportunity to come into compliance. For example, we could allow operators seven days (or 14, or 30) to bring operations into compliance, depending on the severity of the issue and the length of time they have been out of compliance. In addition, in my (non -legal expert) opinion, the language proposed does not specify that special exceptions expire, but rather that they will be reviewed and may be revoked if the operations are not in compliance. Staff has no objection to this wording, but I wanted to make sure we had captured the Commission's intent. Page 2 of 5 In terms of providing a remedy, we could add the following language to the proposed revisions: If city staff determines that non - compliant operations are creating a hazard to health or safety, staff may require operator(s) to cease activity immediately at the non - compliant site until the hazard ceases. The operator(s) may apply to the Board of Adjustment to resume work. If staff or the Board determines that non - compliant operations do not pose an immediate danger to health or welfare, the Board shall allow operators 30 days to comply. The operator shall submit to the city for review and approval a plan to remediate the non- compliant status. Expiration of special exceptions Staff drafted the expiration section so that special exceptions do not automatically expire but rather are simply subject to review. We believe the Commission's intent was for the special exceptions to expire, and we changed the wording to reflect that intent. Here is the language we drafted to address this intent: A special exception for oil or gas drilling or production shall expire two years after it was granted or the Board of Adjustment may establish a lesser expiration timeline. Before the expiration of the special exception the operator(s) shall submit to the Board of Adjustment an application to extend the special exception At that time the Board may consider whether the drilling or production of oil or gas has been conducted in compliance with all relevant city, state, and federal regulations and guidelines. Special exceptions may be revoked for drilling or production operations found to be not in compliance. If city staff determines that non - compliant operations are creating a hazard to health or safety, staff may require operator(s) to cease activity immediately... C. Copies of the permit application Our current ordinance requires only one copy of the gas well permit application, but three copies of the emergency response plan and six copies of the site plan. We make copies of the application and distribute them to appropriate city staff members. I would prefer us to have three complete copies of the application (one for planning & development, one for public works, and one for the fire department). I've made that change to the proposed Page 3 of 5 revisions (see sec. (d- 1)(5)), pending P &Z approval. D. Definitions: Planned and unplanned flaring; "completion" or "completed" The Commission should consider defining planned and unplanned flaring so that the operators will be better able to comply. If approved, we will consult with the city attorney about how to define these terms. E. Site Plan We've added a requirement that the site plan be drawn to scale. F. Approval of improvements before issuing permits. As an enforcement tool to ensure operators make the improvements they have stated they will make, staff recommends that permits not be issued until all required improvements have been made. (4) No oil or gas well permit shall be issued unless all improvements required under Sec. 17- 426, including fencing and screening, landscaping, and parking, have been made and approved by the city. G. Reduction in 100% requirement The Commission had agreed to recommend amending the ordinance to allow operators to apply for a variance from the 100% requirement to allow drilling as close as 300 feet, if 75% of the property owners agree in writing. I've added this to the section on drilling distances from habitable structures, etc., but I wanted to double -check with the Commission before adding it to the section on gathering stations. Does the Commission want to recommend allowing operators to pursue a variance on the distance requirements for gathering stations? H. Compliance with development standards We recommend the ordinance be revised to state that oil and gas operations be required to comply with all relevant development standards. This recommendation stems from ongoing issues with operators about whether they have to comply with any regulations Page 4 of 5 not specifically mentioned in the oil and gas ordinance. Staff have maintained that gas drilling and related operations are development, so that the city's development standards apply and that in any case, the special exception requirements demand operators demonstrate how they will fit the standards for the areas in which they wish to locate. Adding language that operators must comply with all relevant development standards would settle this ongoing discussion. We've added the following language to the draft ordinance and request the Commission to recommend approval of this addition: (7) The special exceptions required by this ordinance are in addition to and are not in lieu of any permit, exception, variance, or other requirements that may be required by any other provision of the city code or by any other governmental agency. Page 5 of 5 O U H U 0 a� U w a bA Q C7 � o � U 4- O O O V O U M N O p ° N O p O F p + N O O O N .� O �, M z N 4-4 o N 8 U o C o o o ° O O O� 64 N : O p N p N N �+ C) C) C ° a�i oo bb ° a� � � o 0 ;-d O � c`1 0 �, N N N N� ~ bb 41 �' O p O �" O .� _ N �, ¢ N U U V d' N cn U v 4 _O y (D cn U : N C/) N 'U O O •� N + "Ip 4, -' "C3 ���"" O y �' •� O ¢ Q" � + ¢" U U �+ N U 'd N O Q" bA _ N 'd + U !� O N N } (A ¢ ;-4 'd N U la" Cd C7 V1 V1 Q� (� C/1 69 wl C/1 C/1 to 0 m a a cl � C) a N � a Go� W o o o, o U O O O O o ° 0 0 C) o U Gq 60q zr �o V o o Z � CD � CD N O (D CD C O CD + O O O N N O 00 CD (J) . O (J4 O p CD D C c CD '�S gyp CD CD Cl. CD n p CD ID y a" CD r �. CD vNi O �� CD o r„ CO, �• �' " CD CD CD CD CD CD CD CD CD CD O 'd CD CD CD b�9 n N O CD ' i '� 69 O O p cS O CD U p N CD O �'' O O 69 00 �-+ -t N CD� r O 69 69 CD O W O O O (D CD OIT.J O CD — O N O ,C. Uh CD p O O O O �t 00 m 0 O O `d CAD O c p R CD � cn O A� CD -- t-+ 'L3 O N OC Id b+9 0 r�r CD �t p N C r C)' U�Q N Uh CD O CD p. O o 0 3 CD m P CD CD • CAD CD O CD �' cs CD n o n' CD � �I I j 0 500 1,000 2,000 3,000 Feet , k r`. i Staff Report To the Members of the Planning and Zoning Commission Date: May 10, 2010 Work Session Agenda Item No: I B Subject: form -based codes Originated by: Rachel Roberts, Planner Summary: During the April meeting, the Commission members received books related to form - based codes. If you've had time to read your book, please be prepared for discussions. In addition, if the Commission decides which sections of the city would be best - served by a form -based code, the city can ask UTA for help. Page 1 of 1 Staff Report To the Members of the Planning and Zoning Commission Date: I May 10, 2010 Work Session Agenda Item No: I -C Subject: Guarantees and Maintenance Bonds for Subdivisions Originated by: Rachel Roberts, Planner Summary: The Commission did not have time to discuss this item during its March or April meetings. For your reference, the staff report from the March meeting is provided below. March 8, 2010 Staff Report The broker I've been speaking with offers two alternatives to a two -year maintenance bond. (1) We could require a subdivision bond in addition to the maintenance bond Mr. Zinecker recommends requiring the developer to escrow funds, stating that "the surety will like this anyway, if not require it." He added that the surety will probably want to issue the maintenance bond when the improvements are accepted by the city, rather than waiting for the two -year time period to start at an uncertain point in the future (at a certain percent build - out). (2) Consider requiring or accepting a letter of credit instead of the maintenance bond Because subdivision bonds may be difficult to obtain in Texas due to the limited number of companies that offer them, if the Commission recommends to Council requiring subdivision bonds in addition to maintenance bonds, I recommend allowing the developer to provide a letter of credit instead, if he or she is unable to secure a subdivision bond. I asked Mr. Zinecker about whether maintenance bonds could be issued for one year and then renewed in a lesser amount so that developers could have the option of reducing the bond amount as a subdivision is built out. Here is his response: Page 1 of 2 If the choice is between a maintenance period in excess of two years and an annually renewable maintenance period, I believe all sureties would choose the annually renewable option. Two things: first, I do not know what charge they would make, so it might be relatively expensive and second, the renewal would have to be at the surety's option and nonrenewal shall not constitute an event of default. Page 2 of 2 Staff Report To the Members of the Planning and Zoning Commission Date: May 10, 2010 Work Session Agenda Item No: I -D Subject: List of Items for Future Consideration Originated by: Rachel Roberts, Planner Summary: The Commission did not have time to discuss this item during its March or April meetings. For your reference, the staff report from the March meeting is provided below. March 18, 2010 Staff Report During its February meeting, the Commission re- arranged the order in which future work session items would be considered. The new order is as follows: a. Storm Water Ordinances and Creek Ordinances b. Incompatible Zoning Districts /Properties c. Green /Environmental Regulations d. Overlay Zoning District e. Salvage Yard Ordinance f. Comprehensive Land Use Plan g. Sandwich Boards: Sign ordinance review 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. The Commission asked staff to bring information on items I -D(a) and I -D(b) for the March meeting. I checked the minutes for background information on these two items and was unable to find anything useful. For example, the minutes state when the stormwater and creek ordinances were discussed but did not describe what the Commission's concerns were, so I am therefore unable to determine whether the new proposed stormwater program would address those concerns. Could the Commission give me more information during the March meeting? If so, I will have staff reports prepared in time for the April meeting. 1 Staff Report to the Members of the Planning & Zoning Commission Date: I May 12, 2010 Regular Meeting /Public Hearing Item No: III Subject: PZ Case 10 -03 Originated by: Rachel Roberts, Planner PZ Case 10 -03 to receive comments regarding a proposed ordinance vacating and abandoning a portion of Bowman Springs Road in the City of Kennedale, Tarrant County, Texas, declaring that such property is unnecessary for use as a public right -of -way. Roadway to be vacated and abandoned is more particularly described as a portion of Lot 1, Block 1, Gaona Addition, a portion of Woodlea Acres Lot 21-A, Block 1, and a portion of Lot 20, Block 1, Woodlea Acres Addition, Kennedale, Tarrant County, Texas. Physical addresses are 1022, 1029, and 1021 Bowman Springs Road. This is a city- initiated case that is part of the Bowman Springs road project. The property owners along the portion of Bowman Springs shown in the attached exhibit have petitioned the city to vacate and abandon that section of Bowman Springs. Generally, when streets are vacated, ownership of the land is granted to the owners of the property abutting the vacated land. In this case, the city owns one of the abutting properties and proposes to convey its share of the vacated land to McCaslin Holdings, the owner of property on the other side of the proposed vacation. In return, McCaslin Holdings has agreed to convey to the city another section of land needed for the Bowman Springs road project. Staff recommends approval of PZ Case 10 -03. City of Kennedale Job No. KEN08305 -02 5/3/2010 Exhibit A, Sheet 1 of 2 RIGHT -OF -WAY ABANDONMENT Being 0.344 of an acre of land, more or less, situated in the J. Prickett Survey, Abstract Number 1225, and the E.R. Mingus Survey, Abstract Number 1075, in the City of Kennedale, Tarrant County, Texas; said area is comprised of a portion of Bowman Springs Road (an approximate 50 -foot wide public right -of -way). Said area being more particularly described by metes and bounds as follows: BEGINNING at a 1 -inch iron rod found at the southwest corner of Lot 1, Block 1, Gaona Addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8959, Plat Records, Tarrant County, Texas, said corner is in the east right -of -way line of said Bowman Springs Road; (1) Thence North 88 °36'16" West, 21.91 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set at the beginning of a non - tangent curve to the left whose radius is 430.00 feet and whose long chord bears North 25 0 01'04" West, 67.08 feet; (2) Thence along said curve in a northwesterly direction through a central angle of 08 °56'50 ", a distance of 67.15 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west right -of -way line of aforesaid Bowman Springs Road, same being in the east line of Lot 20, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -13, Page 158, said Plat Records; (3) Thence North 00 0 11'39" West, along said lot line and said right -of -way, passing a bois d'arc stake found at the northeast corner of said lot at 210.86 feet, same being the southeast corner of Lot 21 -A, Block 1, Woodlea Acres, an addition to the City of Kennedale, Tarrant County, Texas, according to the plat recorded in Volume 388 -15, Page 35, said Plat Records; and continuing along said right -of- way and the east line of said Lot 21 -A, in all 227.74 feet to a 5/8 inch iron rod set with a yellow plastic cap stamped "TNP "; (4) Thence North 37 0 20'18" East, leaving said common line, 80.40 feet to a 5/8 inch iron rod with a yellow plastic cap stamped "TNP" set in the west line of aforementioned Lot 1, Block 1, Gaona Addition, same being in the aforementioned east right -of -way; from whence a 1/2 inch iron rod found at the beginning of a curve in the northwest line of said lot bears North 00 0 22'10" West, 47.11 feet; (5) Thence South 00 °22'10" East, along said west lot line and said east right -of -way, 352.99 feet to the PLACE OF BEGINNING and containing 0.344 of an acre of land, more or less. NOTE: Bearings are based on the Texas State Plane Coordinate System, North Central Zone (NAD 83) using a GPS network, with directional control monuments shown on the attached map. NOTE: Integral parts of this survey: I, Legal description, sheet No. 1 ii. Map, sheet No. 2 Prepared from survey performed in the month of April 2009. 6) Ric L. dentry, R.P.L.S, OF r' y Texas Registration No. 5519 Ric KY L. c Date: 5 -03 -2010 I o 5519 SUP C:WC2004 \TNP\KEN08289\ROW DOC \City1doc MAP SHOWING 0.344 ACRE TRACT IN THE J. PRICKETT SURVEY, THE E.R. MINGUS SURVEY, CITY OF KENNEDALE TARRANT COUNTY, TEXAS Q. I LOT 21 -8 y � Q G• I � h I i � � I LOT 21 -A J P Q� M LOT 20 M � O N z O G� PG �� O Pv� 6 NOTES: 1. BEARINGS ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE (NAD 83) USING A GPS NETWORK, WITH DIRECTIONAL CONTROL MONUMENTS SHOWN HEREON. 2. INTEGRAL PARTS OF THIS SURVEY: A. LEGAL DESCRIPTION, SHEET NO. 1 8. MAP, SHEET NO. 2 3. ALL ANGLE POINTS ARE 5/8" IRON RODS SET WITH YELLOW PLASTIC CAPS STAMPED "TNP ", (UNLESS OTHERWISE STATED). / S pR s 8 c <" c •, ,.� Q N F4 �GJ�O Z y-F 4 0 �G / OP 01 � P OQ' a 1 u CD IV I W ( U GOPO. Z J Q Ld a (� �J� a 0�� 9 N N I J \ V Z � 0 I � I J -- P 10 N J 21.91' N88 36'16 "W PLACE OF i W BEGINNING 2 �o j o °.m I I 0.344 ACRE SCALE: 1" =100' FEET LOT 19 ° i 1" IRON ROD FOUND 0 100 200 V � I BOWMAN SPRINGS ROADj 50' +/- PUBLIC R -O -W I C:\AC2004\TNP\KEN08289\ROW EXHIBITS \CITY2.DWG. - PO EPARtD BY: 5-03- DATE: SHEET NO. 2 OF 2 m TEAGUE NALL AND PERKINS ENGINEERS $SURVEYORS 4 CONSULTANTS 1 1 0 0 M A C O N S T R E E T FORT WORTH, TEXAS 7 6 1 02 ( 8 1 7) 3 3 6 - 5 7 7 3 ORDINANCE NO. AN ORDINANCE VACATING AND ABANDONING A PORTION OF BOWMAN SPRINGS ROAD IN THE CITY OF KENNEDALE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF KENNEDALE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT -OF -WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Kennedale, Texas is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Kennedale, after careful study and consideration, has determined that the right -of -way located in a portion of Bowman Springs Road is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right -of -way, the City desires to execute a quitclaim deed releasing all title, ownership and control in said right -of -way to the owner of the abutting property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: (05/12/10) Page 1 SECTION 1. That portion of Bowman Springs Road described in Exhibit "A ", attached hereto, is vacated and abandoned as public property. The right -of -way so vacated and abandoned shall revert in fee simple to the owner of the abutting property. SECTION 2. The Mayor of the City of Kennedale, Texas, is hereby authorized and directed to execute a quitclaim deed to the abutting property owner releasing all claims to title, ownership, or control of the right -of -way on behalf of the City of Kennedale, Texas. A copy of this quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. It is hereby declared to be the intention of the City Council that the phrases, clauses, i 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 4. This ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS DAY OF , 2010. (05/12/10) Page 2 U In ffl "I ATTEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney Mayor (05/12/10) Page 3 Exhibit .A. PROPERTY DESCRIPTION (05/12/10) Page 4 Staff Report to the Members of the Planning and Zoning Commission Date: I May 8, 2010 Regular Session /Public Hearing Item No.: IV Subject: Case PZ 10 -04 Review and consider action to recommend approval of proposed amendments to Chapter 17, Sec. 17 -426 of the Kennedale city code, by revising regulations governing oil and gas drilling and related operations. Originated by: Rachel Roberts, Planner Since spring of last year, the Planning & Zoning Commission has been working to draft recommendations for revisions to the oil and gas section of the city code. The Commission drafted these recommendations based on several factors. First, the Board of Adjustment asked for some revisions and clarification based on its experiences with gas companies requesting special exceptions. Second, city staff has expressed concern and frustration from its dealings with gas operators, and the Commission has attempted to address those concerns through its recommendations; these concerns are more fully described below. Finally, as urban gas drilling has evolved from a new use to a more established one during the past several years, unforeseen issues have arisen, and the Commission perceives a need for the city's oil & gas ordinance to be updated to resolve those issues. The concerns voiced by city staff can be grouped in to the following categories: ■ Development, current and future o Oil & gas operations represent a form of development, as operators have stated in discussions with staff. Oil & gas operations should therefore be required to meet the development standards that other kinds of development must meet, and this includes drive approach, drive way, and landscaping standards. o In addition, Kennedale does not have much greenfield land remaining that would be suitable for major development or for future parks and open space. In addition, the city is planning several improvements —for example, the upcoming road improvements and the possible addition of the Fallen Heroes Memorial —that could be negatively affected by the Page 1 of 3 proximity of gas drilling and production. Oil & gas operations, therefore, should be viewed for how they could have an impact on development. All special exception requests must be screened for suitability, and oil & gas operations ought not to be exempt from this process. ■ Health & Safety o The health aspects of oil & gas drilling and production continue to be an issue of concern to the Kennedale community and to planning staff. The Planning & Zoning Commission seeks to address these concerns through clarification of the existing ordinance and through the addition of new requirements. ■ Environment o Environmental concerns over gas operations have been making news headlines lately and have been a concern to some Kennedale residents. For example, staff and Board of Adjustment members have received calls from residents asking about what steps the city is taking to monitor air quality. The ordinance revisions are meant to address these concerns and to protect the city from unforeseen negative impacts. The revisions are also intended to protect the city's environmental resources that serve or could serve as amenities to the community. For example, providing additional protection to the city's floodplains could help prevent the encroachment of drilling operations into areas the city would like to preserve for future parks and trails. The importance of parks and trails should not be underrated; not only are these resources healthy for environmental quality and provide benefits that are often overlooked, but they are also recreational amenities that improve the city's image overall. After drafting a revised version of the oil & gas ordinance, the Commission asked staff to seek input on the revisions from the four gas operators currently working in Kennedale. Staff sent the draft to the operators, and the companies submitted written comments to us. The city also hosted a round table discussion, attended by representatives from the four operators, representatives from a pipeline company working in Kennedale, a member of the Board of Adjustment, a member of the Planning & Zoning Commission, and city planning staff. The comments received from operators have been considered by the Commission, and its recommendations were revised accordingly. Included in your packet is a draft of the recommended changes to the city code. The changes include air sampling and annual inspection fees. Finally, the Commission has mentioned that the ordering of the oil & gas ordinance can Page 2 of 3 be confusing and suggested that staff revise the ordinance so that it is easier for operators (and others) to find relevant information. We have rearranged some sections and hope this will help resolve the issue. We are also asking the city attorney to help with additional revisions that may be needed. If he has any recommendations before the meeting, we will provide you copies of his recommendations. A copy of the proposed revisions to the Kennedale city code is attached to this report as Exhibit A. Staff recommends that the fees be listed in the city's fee schedule instead of in the oil and gas ordinance, which will make updating the fee schedule easier. The amendment to the fee schedule and to the subdivision regulations was not advertised and will be placed on the agenda for public hearing at the Commission's July meeting, if it meets with the Commission's approval. The proposed language for these amendments is included in Exhibit B, attached to this staff report. At the meeting, we will have language for you to guide you with your motion, for your reference. Of course you will not be obligated to use the motion language provided. Page 3 of 3 EXHIBIT A ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17 OF THE KENNEDALE CITY CODE (1991), AS AMENDED, BY AMENDING REGULATIONS GOVERNING OIL AND GAS WELL DRILLING, OPERATIONS AND PRODUCTION; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS 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, the City Council previously adopted regulations governing the exploration, drilling and production of hydrocarbons within the City; and WHEREAS, The City Council now desires to amend said regulations in order to incorporate fire safety provisions the Council finds necessary to protect the public health, safety and general welfare; and WHEREAS, public hearings were held by the Planning and Zoning Commission of the City of Kennedale, Texas, on May 20, 2010, and by the City Council of the City of Kennedale, Texas, on [DATE] 2010, with respect to the amendments described herein; and WHEREAS, all requirements of law dealing with notice and publication and all procedural requirements have been complied with in accordance with the Comprehensive Zoning Ordinance and Chapter 211 of the Local Government Code; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF KENNEDALE, TEXAS: SECTION 1. Section 17- 426(b) of the Kennedale City Code is hereby amended by adding new definitions for "Compressor," "Compressor station," "Environmentally sensitive area," and 1 "Habitable structure," amending the definition of "Drill site," and amending the spelling of "fire marshall ", which shall each read as follows; City staff : Employees and independent contractors performing services for the City of Kennedale, including but not limited to the fire mar-shall marshal Compressor: A device desiqned to increase the pressure of a compressible fluid in order to lift gas from the well. Compressor station : A device or facility desiqned to increase the pressure of a compressible fluid in order for the gas to be transported through a pipeline over long distances. Drill site :The area used for drilling, development, production, +� or reworking a well or wells located there and subsequent life of a well or wells or the area used for any and all operational activities associated with drilling, development, production or reworking of an oil or gas well. Environmentally sensitive area : Steep slope areas, areas with highly erodible soils, floodplains and flood -prone areas wetlands fish and wildlife habitat conservation areas, or other areas the City considers to be of special environmental concern. Habitable structure: a structure for which a certificate of occupancy is required. A habitable structure shall not include detached accessory buildings, garages, and sheds, except that accessory buildings used for home occupations shall be considered habitable structures. SECTION 2. Section 17- 426(c) of the Kennedale City Code is hereby amended to read as follows: (c) Oil and gas well drilling and production by special exception. The drilling and production of oil and gas within the corporate limits of the city shall be permitted by special exception, which shall be subject to the following: (1) The application for the special exception shall be in accordance with the provisions of sections 17 -422 and 17 -430 hereof. (2) No drilling production, compressors, compressor station or gathering station shall be permitted within a floodplain or floodway or within six hundred (600) feet of any habitable res 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, or groundwater 2 recharge areas; or environmentally sensitive areas excluding floodplain or floodways 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. If seventy -five (75) percent of affected property owners agree in writing to permit drilling as close as 300 feet, then the operator may apply to the Board of Adjustment for a variance from the requirement that all affected property owners must agree in writing. (3) A development site plan in accordance with the provisions set forth herein. (4) An approved road repair agreement in accordance with the provisions set forth herein. (5) An oil and gas permit application ffiay shall be filed with the city concurrently with the request for a special exception; provided, however, that the city shall not be required to consider the oil and gas permit application unless and until a special exception is granted by the zoning board of adjustment. ( (6 A special exception for oil or gas drilling or production shall expire two years after it was granted, or the Board of Adiustment may establish a lesser expiration timeline. Before the expiration of the special exception, the operator(s) shall submit to the Board of Adjustment an application to extend the special exception. At that time, the Board may consider whether the drilling or production of oil or gas has been conducted in compliance with all relevant city, state, and federal regulations and guidelines. Special exceptions may be revoked for drilling or production operations found to be not in compliance. If city staff determines that non - compliant operations are creating a hazard to health or safety, staff may require operator(s) to cease activity immediately at the non - compliant site until the hazard ceases. The operator(s) may apply to the Board of Adjustment to resume work. If staff or the Board determines that non - compliant operations do not pose an immediate danger to health or welfare, the Board shall allow operators 30 days to comply. The operator shall submit to the city for review and approval a plan to remediate the non- compliant status. (7) The special exceptions required by this ordinance are in addition to and are not in lieu of anv permit exception variance or other requirements that may be required by any oth provision of the city code or by any other governmental agency. SECTION 3. Section 17- 426(c -1) of the Kennedale City Code is hereby amended to read as follows: (c -1) Gathering stations by special exception. (1) 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 Adiustment 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. (2) A site plan is required with the special exception application and must at a minimum, identify the location of the gathering station and all associated facilities, including all existing and planned pipelines, all driveway and vehicle parking areas and shall include the minimum detail required in subsection 17- 418(e)(3) hereof, where applicable. The special exception application shall also include copies of federal and state permits demonstrating compliance with all applicable pipeline integrity and safety standards, including adherence to applicable Environmental Protection Agency, U.S. Department of Transportation, and Texas Railroad Commission regulations governing risk management. (3) Gathering stations shall be subject to the following on -site operation requirements: a. No gathering station shall be permitted within a floodplain or floodway or within six hundred (600) feet of any habitable Y es i dentia l 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 or groundwater recharge areas or environmentally sensitive areas excluding floodplain and floodways 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 closer than three hundred (300) feet to a 0 neighboring property line unless all affected property owners agree in writing. If seventy - five (75) percent of affected property owners agree in writing to permit a gathering station as close as 300 feet, then the operator may apply to the Board of Adjustment for a variance from the requirement that all affected property owners must agree in writing. b. No gathering station shall be located within two hundred (200) feet of a railroad right - of -way. c. Construction of the gathering station shall comply with the erosion control regulations set forth in the city's stormwater pollution prevention plan. d. A gatheFiR9 station may only be al I A-I.A. 9 ed- in a floodplain with the approval of the Gity's floodplain and, where appliGable, the U.S. Army GGFPS Of . No gathering station shall be permitted in a floodplain or floodway. e. There shall be a locked entrance gate to the gathering station site. The entrance gate shall be fire accessible with a knox box rapid entry system. f. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four -inch lettering shall be posted at the entrance of each gathering station site. The sign shall include the phone number for emergency services (9 -1 -1), the name and phone number for the owner /operator in two three -inch lettering. In addition, if the special exception is approved, a case number shall be assigned to the approved operation and such number must be displayed on the sign in a minimum of two three -inch lettering. g. All facilities used for parking, loading, unloading, driveways and all other vehicular access including private roads or drivewa ss, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual GGRstFuGted -of GORGrete asphalt or an alterative equivalent strength SUrfa6e thaz and must 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. h. The equipment and facilities at a gathering station site must be enclosed, individually or collectively, in accordance with the requirements of subsection 17- 426(0)(3 2), hereof. i. Compliance with the requirements set forth in subsection 17- 426(0)( 5) - -(9), as they relate to the gathering station site. (4) Gathering stations shall be subject to the operation and equipment practices and standards set forth in subsections 17- 426(p)(1) - -(4 5) and (7- 8) and subsection 17- 426(s)(7) in the same manner as they apply to an operation site. E ( GatheFing station net pait of an GPeFation site. The city shall inspect each gathering station site est ini-lepeRdently of an operatieR site for compliance with all applicable regulations of the state and city ordinances. An annual inspection fee as established in the city's fee ordinance shall be paid by the owner of the gathering station to the city. (6) Gathering station operations shall be performed in compliance with all applicable federal, state, and local law. All applicable construction permits shall be obtained prior to development of the site. SECTION 4. Section 17- 426(d) of the Kennedale City Code is hereby amended by adding subsections (4), (5), and (6), which shall read as follows: (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 or as stipulated in the special exception, whichever occurs first. (5)The permits required by this ordinance are in addition to and are not in lieu of any permit, exception variance or other requirements that may be required by any other provision of the city code or by any other -governmental agency. (6) No oil or gas well permit shall be issued for any well to be drilled within any of the streets or alleys of the city and /or streets or alleys shown by the comprehensive land use plan and no street shall be blocked or encumbered or closed due to any exploration, drilling or production activities unless prior consent is obtained from the city, and then only temporarily. SECTION 5. Section 17 -426 is hereby amended by adding a new section (d -1), which shall read as follows: (d -1) Oil and pas permit application. (1) Applications for oil and gas well permits shall include the following: G (a) A copy of the Plan(s) identifying and indicating the proposed methods of erosion control. Erosion control is required and shall comply with all local, state and federal requirements and must be approved by the director of development for the City of Kennedale. (b) A copy of the stormwater pollution prevention plan as may be required by the Environmental Protection Agency or the Texas Commission on Environmental Quality. A copy of the notice of intent shall be submitted to the City of Kennedale Public Works Department and the Development Department, three (3) days prior to the commencement of any onsite activity. (c) A detailed description of the water source to be used during drilling and a copy of the determination by the Texas Commission on Environmental Quality (TCEQ) of the depth of useable quality ground water. (d) Road repair agreement as described in Sec. 17- 426(e) (e) The exact and correct acreage and number of wells. (f) A description of public utilities required during drilling and operation. (g) An accurate legal description of the lease property to be used for the oil or gas operation, the parcel and the production unit and name of the geologic formation as used by the railroad commission. Property recorded by plat should reference subdivision block and lot numbers. (h) A copy of the approved railroad commission permit to drill, together with attachments and survey plats, which are applicable to the drill and operation- sites. (i) A hazardous materials inventory statement including MSDS sheets on all products being used broken down into drilling and post drilling documents. (i) A surface reclamation plan. Operators may submit an amended reclamation plan for review and approval by city staff after a gas well permit has been issued. (k) Truck routes and access points, including the proposed transportation route and road for equipment, chemicals or waste products used or produced by the oil or gas operation indicating commercial and non - commercial routes. (1) Surface owner names(s) and address(es) of the lease property of the drilling and production site. (m) A sound analysis and sound management plan. (n) A detailed site plan as described in Sec. 17- 426(f) (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. (2) Applications for oil and gas well permits shall be submitted in writing, on forms provided by the city. (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. (4) Applications for oil and gas well permits shall be signed by the operator. (5) Applications for oil and gas well permits shall include three (3) complete copies of the operator's application and emergency action response plan. (6) 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 or as stipulated in the special exception whichever occurs first. The burden of proof on all matters considered under permit applications and special exception applications shall be upon the applicant /Operator. SECTION 6. Section 17- 426(e) of the Kennedale City Code is hereby amended to read as follows: (e) Road repair agreement. A road repair agreement shall be filed with the director of development services pubk werk6 departm of the city. A road repair agreement must obligate the operator to repair damage to public streets, including, but not limited to, bridges, caused by the operator (or by the operator's employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved oil and gas well permit. A video documenting the existing conditions must be submitted prior to approval of the road repair agreement. The city manager shall have the authority to execute the road repair agreement. SECTION 7. Section 17- 426(f) of the Kennedale City Code is hereby amended to read as follows: (f) GGR7P aRGe w4h the development s it e ian Development of site plan required. Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the City of Kennedale shall prepare six (6) copies of an oil or gas well development site plan drawn to scale, that shall be filed with the application for drilling or production The site plan drawing shall be provided in D size and eight and one - half -inch X eleven -inch paper and shall be submitted as part of the applicant's request for a special exception. The following detail shall be included on all oil and gas development site plans: (1) The development site plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the development site plan. (2) The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. (`.) EFG6inn nnn required and shall GGM I Y with al I GGa l , state -- and fa ed -tBfai aments. The operator sha file a GGPY of the stermwater pollut plan if Fequ by (5) W the e)(G9pt of vehirOular aGG966, no development is allowed in a fleedplain. (2 Identify truck routes and access points. W (4 2) Identify environmentally sensitive areas (ESA's) including floodplains and any proposed floodplain, creek and stream crossings. a. All floodplain, creek and stream crossings, if not at grade, shall be designed to a ten - year storm frequency. b. All floodplain crossings shall have no negative affects on surrounding property. c. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. d. Identify and indicate the proposed method of erosion control. (5 g) Identify all wells, structures, equipment, pipelines, utilities, gates and fences, containment areas, fire lanes, and one thousand (1,000) feet, six hundred (600) feet, and three hundred (300) feet perimeter lanes within one thousand (1,000) of the well. (6 40) Indicate a physical address for each well site. SECTION 8. Section 17- 426(g) of the Kennedale City Code is hereby deleted, and Sections 17- 426(h) through 17 -426 (y) are re- numbered accordingly. SECTION 9. Section 17- 426(h) of the Kennedale City Code is hereby amended to read as follows: (g h) Review of applications for oil and gas well permit. (1) All applications for oil and gas well permits shall be filed with the director of development services publiG werks who shall immediately forward a copy of all applications and plans te the p e +roleurn speGialist and fire maFshal department for review. Incomplete applications shall be returned to the applicant, in which case the city shall provide a written explanation of the deficiencies if requested by the applicant. All applications for an oil and gas permit shall be accompanied by a ep rmit prssessing fee as listed in the city's fee schedule. i R the r of Rt of fide thousand do ($5 00 1 ecc which shall he assessed oil eF gas we permit fee feF additioRa wells en the same pad sha be as follows; fou thousand do ($4,000.00) for the BeGend well, three the6i6and dellaFs ($3,000.00) feF the 10 thiFd well and twe tho dellam ($2 fnr eanh well theFeaf +er The city may return any application as incomplete if there is a dispute pending before the railroad commission regarding the determination of the operator. (2) The netFelei ern specialist and development department and fire rnaFshal department shall review each application within thirty (30) days after filing and shall determine whether the application includes all of the information required by this section, whether the application is in conformance with the applicable oil and gas well development site plan, the terms of the applicable special exception, the road repair agreement, the fire code and whether the application is in conformance with the insurance and security requirements set forth in this section. (3) The failure of the petroleum specialist, development department, or fire d al department to review an oil and gas well permit application within the time limits specified above shall not require the city to approve an application that does not meet the minimum requirements set forth in this section. (4) No oil or gas well permit shall be issued unless all improvements required under Sec. 17 -426, including fencing and screening, landscaping, and parking, have been made and approved by the city. SECTION 10. Subsection 17- 426(i)(1)(c) of the Kennedale City Code, renumbered as Section 17- 426(h) (1)(c), is amended to read as follows: c. Specify the date the permit shall expire; SECTION 11. Section 17- 426(k) of the Kennedale City Code, renumbered as Section 17- 426(1), is hereby renamed as follows: (k 1) Security Instrument 11 SECTION 12. (n e) On -site operation requirements. (1) A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective and shall indicate a physical address in compliance with the fire code, the name and /or number of each well, an emergency contact phone number, the oil or gas well permit number, and shall indicate the nature of the operation, i.e. natural gas well. The fire marshal must approve the size and location of the sign prior to commencing operations. {3) Permanent Gedar fenGes with rnasanFy GG I UMRS spaGed not less than sixteen (16) feet, neF mere than twenty feuF (24) feet surrounding predWGing sitee, fencing is required for all drill sites and production or operation sites. Fencing shall be masonry and shall be a minimum of eight (8) feet in height and shall be higher than the enclosed equipment. Fencing and gates 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 entire well site. For the purposes of this section masonry shall mean that form of solid construction composed of stone brick concrete gypsum hollow clay tile or other similar building units or materials or combination of these materials which must be laid up unit by unit and set in mortar, or pre -cast panels designed and built to mimic the appearance of masonry. Fencing design and materials must be approved by the director of development services before installation. Q 4-2) All fences and gates shall be secured to prevent unauthorized public access to the site and /or equipment. This includes, but is not limited to the following: a. Securing any permitted temporary fencing to the ground; b. Installing a knox box rapid entry system or padlock, and providing the fire marshal with a master key to all padlocks and gate locks, or providing twenty- four -hour on -site security personnel with access keys. 12 (4) A vehicular access gate for the drill site shall be located within seventy -five (75) feet of the public road connecting to the drill site. If there are multiple gates along the same access road, a knox box shall be required only for the gate closest to the entrance. (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, as described under subsection (b) herein. 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 and constructed of metal, masonry or other structurally sound material in compliance with the zoning district regulations and as approved by the director of development services, for compatible use. (6) All drive approaches and facilities used for parking, loading, unloading, driveways and all other vehicular access to each drill site, operation site, and gathering station or compressor station, including private roads and driveways, shall be constructed and maintained in compliance with the City of Kennedale Public Works Design Manual and must meet all minimum fire code requirements, or as stipulated as part of the special exception, provided that the drive approach from the public street be constructed of concrete. The surface for such facilities and drive approach must always be maintained in good condition and repair. M (4) No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. 13 (8)(6) Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" in a minimum of four -inch lettering shall be posted at the entrance of each drill site and operation site. The sign shall include the phone number for emergency services (9 -1 -1), the name and phone number for the operator, and the well designation required by the railroad commission in two three -inch lettering. L91�C) No person shall place, deposit, or discharge or cause or permit to be placed, deposited, or discharged any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse, including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right -of -way, storm drain, ditch or sewer, sanitary drain or sewer, any body of water, or any private property within the corporate limits of the city. (10)(7) All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the city building code. (11)(9) All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. (12)(9) No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the city without an easement or right -of -way license from the city, at a price to be agreed upon, and then only in strict compliance with this section, with other ordinances of the city, and with the specifications established by the city. (13)(4 -0) The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the city, and then only in compliance with specifications established by the city. 14 (14) Fracturinq operations must comply with all regulations and standards established by the Environmental Protection Agency, the Railroad Commission of Texas, and any other appropriate local, state or federal agency. SECTION 13. Section 17- 426(p) of the Kennedale City Code, re- numbered as Section 17- 426(0), is hereby amended to read as follows: (o p) Operations and equipment practices and standards. (1) Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. (2) No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300) feet. (3) The operator shall at all times comply with the rules and regulations of the railroad commission including, but not limited to all applicable field rules. (4) Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to comply with required noise levels set forth in this ordinance n^+ mere than seye t ( 70) de,, 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 15 (5) The noise level during fracing drilling, production, or other operations shall "educ the , E)'6e t- ro -;ot meTe -than not exceed seventy (70) decibels at any point three hundred (300) feet from the boundary of the drill site or operation site between 8:00 p.m. and 7:00 a.m The noise level between 7:00 p. m. and 8:00 a.m. shall not exceed sixty (60) decibels at any point within 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 GGrnb stinn enninoc for compliance 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. The no leve between 7�00 p.m. and 8:00 a.m. shal RGt eXGeed siYAy (60) deGibels at any po within three hundred (300) feet frorn the boundary of the dr s or operat s - (6) (a) In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. (7)(6) Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public right -of -way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires and shall not be placed or located in violation of any city ordinance. Adequate parking facilities shall be provided and constructed in compliance with the city's development codes. (8)(7) Well servicing and fracing operations shall be GGhedule occur between the hours of 8:00 a.m. and 7:00 p.m. only. (9)(9) Air, gas, or pneumatic drilling shall not be permitted. (10)(9) For vehicular safety reasons, the operator shall immediately notify the city of any substantial accumulations of dirt, dust, mud or other debris deposited on city thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If for safety reasons, the city elects to perform the removal, the cost of such removal shall be paid by the operator. 16 (j 1)(4-0) The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. SECTION 13. Subsection 17- 426(s)(8) and (11) of the Kennedale City Code, re- numbered as Section 17- 426(r) (8) and (11), is hereby amended to read as follows, and Subsections (r)(15), (16), and (17) are hereby added: (r s) Additional safety and environmental requirements (8) All wells shall be abandoned in accordance with the rules of the railroad commission; however, all well casings shall be cut and removed to a depth of at least ten (10) feet below the surface. All wells and pipelines shall be abandoned in accordance with Section (v) of this ordinance. (11) An impewie s lin of all nits shall be required A closed loop mud system shall be required for all drilling and reworking operations for all gas wells. Drilling mud, cuttings, liquid hydrocarbons and all other field waste derived or resulting from or connected with the drilling re- working or deepening of any well shall be discharged into a closed loop mud system. All disposals must be in accordance with the rules of the Railroad commission and any other appropriate local state or federal agency. Wells permitted before approval of this ordinance [OR SPECIFY DATEI may use reserve pits. An impervious lining of all pits to prevent water pollution shall be required. (15) Flaring or burninq 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. 16) Air Quality Monitoring. All gas wells drilled after the date this ordinance is adopted shall be required to be tested for air quality. Air sampling must be conducted at least once during each of the following times: 17 prior to drilling' during drilling; at completion: ten (10) days after drilling is compl and thirty (30) days after the well is operational Air sampling must be conducted using the TO- 14a method or the TO -15 method as determined by city staff. Sampling must be done for at least a 24 hour period at each testing phase City staff may require different sam pling methods as adopted by the Texas Commission on Environmental Quality or the Environmental Protection Agency as new technology or information becomes avai lable. City staff may also require operator(s) to test for Tentatively Identified Compounds. (17) Platting Development or Redevelopment near existing oil or gas wells. a. Plat Statement When an existing oil or gas well is located on the subject property to be platted, a ll plats must contain a statement that no building not necessary to the operation of an oil or g as well shall be constructed within three hundred (300) feet from any existing oil or g as well. If, upon appeal to the Planning and Zoning Commission and the City Council, a varia for a lesser distance is approved the statement shall reflect the distance granted by. the Planning and Zoning Commission and the City 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 d istance shall be measured in a straight line from the well bore to the closest exterior poi of the building without regards to intervening structures or objects. b Well Identification and Impact Statement When an existing or permitted oil or gas well is located on the property to be platted all plats affected by this requirement must show and identify those lot(s) and /or adioining un- p latted tracts of land that are within three hundred (300) feet of an existing oil or gas well bore located on the property being platted or re- platted They shall further contain a notation that said properties may be impacted by current or future operations associated with dri production maintenance re- working testing or fracture stimulation of the well. 18 c. Affidavit When an existing oil or gas well is located on the subject property to be platted, an affidavit must be filed with Tarrant County for each Lot within a Plat affected by these regulations; the affidavit shall be signed by the property owner and filed in the deed records of Tarrant County. Said affidavit shall include the following information: 1. The location of the bore hole of all existing oil and gas wells located on the subject Property as shown on the plat filed in Cabinet Slide in the Plat Records, Tarrant County, Texas. 2. All lot(s) and /or adjoining un- platted tracts of land that are located within 300 feet of the well, as measured in a straight line, from the well bore, to the closest exterior point of the building, without regard to intervening structures or obiects. 3. That said lot(s) and /or adjoining un- platted tracts of land may be impacted by any one or more of the following: noise, vibration, lights, traffic, equipment, or other operations that may be due to current or future drilling, production, maintenance, re- working, testing, or fracture stimulation of the well. d. Platting or Subdivision near Existing Pipelines In all cases in which one or more residential lots in a proposed subdivision are crossed or come by or come within 100 feet of any existinq oil or gas pipeline or pipeline easement, the subdivider shall, prior to and as a condition of city approval of the subdivision, execute the following waiver and hold harmless agreement, which shall be duly acknowledged in the manner provided by law, and which shall thereafter be recorded in the appropriate deed or other permanent county records: "(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 existinq 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." IjLI e Notation on development plan and plat In all cases in which one or more residential lots in a proposed subdivision are cr ossed or come by or come within one hundred feet (100') of any existing oil or gas pipelin or pipeline easement the subdivider shall provide a note on the face of the development pla and record plat stating that the subdivision is crossed or is located within one hundred feet ( 100') of an existing oil or gas pipeline. SECTION 14. This ordinance shall be cumulative of all provisions of ordinances and the Code of the City of Kennedale, Texas, except where the provisions of this ordinance are in direct conflict with the provisions of such and Code, in which event the conflicting provisions of such ordinances and Code are hereby repealed. SECTION 15. 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 16. All rights and remedies of the City of Kennedale are expressly saved as to any and all violations of the provisions of Chapter 17 of the Kennedale City Code (1992), as amended, or any other ordinance or code provision affecting oil and gas exploration and development, zoning and land use which 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, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. 20 SECTION 17. The City Secretary of the City of Kennedale is hereby directed to publish in the official newspaper of the City of Kennedale the caption, penalty clause, publication clause and effective date clause of this ordinance as provided by Section 3.10 the Charter of the City of Kennedale. SECTION 18. 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 THIS DAY OF 2010. MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 21 Exhibit B Proposed amendments to the city's fee schedule and subdivision regulations Sec. 2 -3. ADMINISTRATIVE FEES. Gas well permit fees, assessed to recoup the administrative expenses incurred by the city in administratinq such permit: assessed per application for one pad site: 1S well requested in an application for a pad site, $5,000 2 nd well requested on the same application for the same pad site, $4,000 3` well requested on the same application for the same pad site, $3,000 Each additional well requested on the same application for the same pad site, $2,000 Annual inspection fee: $2,000 + $250 per additional well on the same pad site Additional wells requested after submission of the original application for a particular pad site shall be counted as a new application. Article V. Subdivision Regulations. Division 9. Technical Specifications for Plat Drawings. Sec. 17 -299. Requirements for all plat drawings. (19) Platting, Development or Redevelopment near existing oil or pas wells. All plat drawings shall adhere to the regulations under Sec. 17- 426(s)(17) of the Kennedale city code. Stuff Report - To the Members of the Planning and Zoning Commission Date: t a L -- April 8, 2010 Regular Meeting/ Public Hearing Agenda Item No: V Subject: Minutes Originated by: Rachel Roberts, Planner Summary: Following this staff report are the minutes from the April 2010 Planning & Zoning Commission meeting. 1 Staff Report To the Members of the Planning and Zoning Commission Date: May 15, 2010 Regular Meeting 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 upcoming road projects. ROAD PROJECTS Bowman Springs: construction continues and is expected to be finished in January 2011; work on Arlington portion has not yet begun will be closed between Pennsylvania and Spring Branch the day after school closes to perform utility tie -ins for the realignment and the paving; will not open until the before school starts in August Kennedale Sublett: right -of -way has been acquired, and they're working on moving overhead utilities now; we don't have a contract on it yet should be advertised for bidding at the end of this month, we expect to award the bid in June or July council meeting Little School: city is acquiring right -of -way; design is done; expect to advertise for bids at the end of the year Dick Price: working on it right now; expected to be finished in about 3 months, if there are weather delays could be 5 -6 months; about 1/3 of the way through removing asphalt and stabilizing Municipal: closed; construction has begun Sonora Park parking lot /road: the County is stabilizing it now; parking lot will be done by 2 " a week of June Suggested language for motion to recommend approval of Case PZ 10 -04 If the Commission wishes to recommend to city council approval of the ordinance amending the city's oil & gas regulations, your motion could read as follows: 1. I move to approve PZ Case 10 -05 recommending approval of an ordinance amending Sec. 17 -426 of the Kennedale city code, as shown in Exhibit A, with the revisions suggested by staff in its staff report for Agenda item I -A. or 2. I move to approve PZ Case 10 -05 recommending approval of an ordinance amending Sec. 170426 of the Kennedale city code, as shown in Exhibit A, with the following additional amendments [list proposed amendments]. IGH 3. I move to approve PZ Case 10 -05 recommending approval of an ordinance amending Sec. 170426 of the Kennedale city code, as shown in Exhibit A Work Session Roll Call 4 if present Lori Bryan Ray Cowan Frank Fernandez Ernest Harvey David Hunn Charles Overstreet /Billy Simpson Jason Galloway Lana Sather (� P /Y1 Regular Meeting & Public Hearing Roll Call 4 if present Lori Bryan Ray Cowan V Frank Fernandez V Ernest Harvey David Hunn Charles Overstreet '✓ Billy Simpson Jason Galloway V Lana Sather