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06.16.2011 PZ PacketNOTICE OF MEETING KENNEDALE PLANNING & ZONING COMMISSION KENNEDALE, TEXAS Notice is hereby given that a Work Session will be held by the Planning & Zoning Commission of the City of Kennedale, Texas at 6:00 P.M., and a Regular Meeting will be held at 7:00 P.M., on the 16 th day of June 2011, at 405 Municipal Drive, ( Kennedale Municipal Building) Kennedale, Texas, at which time the following subjects will be discussed to wit: AGENDA CALL TO ORDER ROLL CALL WORK SESSION, 6:00 P.M. A. Comprehensive Land Use Plan Update B. Noise (nuisance) regulations C. Oil and gas ordinance D. Form -based codes E. Bowman Springs and Little School Road (possible future zoning for road extensions) F. Overlay District Zoning G. Incompatible zoning districts and properties H. Discuss and review any item on the agenda, if needed I. List of Items for Future Consideration In addition to the items listed under this item, below, the Commission may add items to the list for future discussion. Commission members may discuss the item in order to determine how to direct staff to bring the item to the Commission as a future agenda item, but no action may be taken. a. Alcohol Ordinance b. Green / Environmental Regulations c. Storm Water Ordinances and Creek Ordinances d. Salvage Yard Ordinance REGULAR MEETING, 7:00 P.M. H. 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. Page 1 of 2 Ill. MINUTES Approval of minutes from the May 2011 Planning & Zoning Commission meeting IV. ANNOUNCEMENTS (A) Staff reports on city projects (B) Other announcements from staff or Planning & Zoning Commission members V. ADJOURNMENT Dated this the 9 day of June 2011. 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 June 9, 2011 by 5:00 o'clock P.M. and remained so posted continuously for at least 72 hours preceding the scheduled time of said Meeting. Persons with disabilities who plan to attend a city meeting and who may need auxiliary aids or services such as interpreters for persons who are deaf or hearing impaired, readers, large print, are requested to contact the undersigned at (817) 985 -2135 five (5) work days prior to the meeting so that appropriate arrangements can be made. Dated this the 9 day of June 2011. B . a� Rachel Roberts Planner Page 2 of 2 Staff Report to the Members of the Planning & Zoning Commission Date: June 6, 2011 Agenda Item No: I -A Subject: Comprehensive Land Use Plan update Originated by: Rachel Roberts, Planner The Comprehensive Plan Advisory Committee is tentatively scheduled to meet on Monday, June 20. A draft plan will be prepared after this meeting. The meeting schedule includes a third advisory committee meeting and a second public input meeting before the draft plan goes to the Planning & Zoning Commission later this year. ,,Staff Report to the Members of the Planning & Zoning Commission Date: June 6, 2011 Agenda Item No: I -B Subject: Noise regulations Originated by: Rachel Roberts, Planner The Commission asked staff to bring recommendations for updating the nuisance code governing noise. This part of the code should be updated to reflect current knowledge and best practices in sound regulations. Possible changes to the noise ordinance: • Moving some or all of the noise - related regulations from the oil and gas code (in Chapter 17 of the city code) to the nuisance code (in Chapter 15) • Adding stipulations about when it may be better to use weighting /filter other than A weighting • Adding stipulations about low frequencies or high frequencies and tones Consolidation of noise - related reaulations. While aspects of regulating noise from oil & gas operations may be included in the city's general nuisance regulations, some aspects of oil & gas operations should be covered separately under the oil & gas code. For example, the city's Loud Noise regulations state that noises louder than 70 dB are prohibited. But oil and gas operations are required to have lower dB during nighttime hours, and it makes most sense to include this stipulation regulation in the oil & gas code, unless the council would prefer to add maximum nighttime sound levels for other uses, as well. It is especially important to leave some conditions governing noise in the oil & gas code because oil & gas operators sometimes have difficulty remembering that other parts of the city code may apply to their operations (in other words, if it isn't specifically mentioned in the oil & gas code, they forget it applies to them). 1 Measuring Frequency and A- weighting or C- weighting Low - frequency sounds are not generally considered a nuisance in terms of loudness. Studies show, however, that these sounds are a nuisance and can have a negative affect on quality of life. A report prepared for the Department of Environment, Food, and Rural Affairs in the United Kingdom states that reported effects of low- frequency noise "include annoyance, stress, irritation, unease, fatigue, headache, possible nausea and disturbed sleep" (Casella Stanger 2001, p. 6). Because they can diminish quality of life, the city should ensure it has adequate standards in place to monitor for these nuisance sounds. Government agencies in Europe (e.g., England, Scotland, Germany) note the importance of using different measuring methods for different frequencies. Colorado has also established different measuring procedures. In general, A- weighting is used except when low- frequency sounds are suspected to be present. When it is suspected that low- frequency sounds are being emitted, C- weighting should be used. Currently, our ordinance specifies that A- weighting should be used when taking sound measurements (maximum allowable sound is given in dB(A)). The ordinance should be amended so that C- weighting is used when low- frequency sounds are suspected or when complaints of low- frequency sounds are received. This change should be made in the nuisance code, as well as any other codes that govern noise, such as the oil & gas code. If the C- weighting option is adopted by council, then as part of implementing a new noise regulation process, city staff will develop a procedure manual for monitoring noise when low- frequency sounds are suspected. We are researching the above issues and plan to have a report with recommendations by next month. Staff Report to the Members of the Planning & Zoning Commission Date: I June 6, 2011 Agenda Item No: I -C Subject: Oil and gas ordinance Originated by: Rachel Roberts, Planner Last month, staff brought to the Commission a request from Board of Adjustment members to make changes to the oil & gas code concerning how operators may seek an exception to the requirement that no drilling may occur closer than 300' to a protected use unless all affected property owner agree in writing. We are presenting several options for your review. In the meeting next week, we would like your comments on the options so we may prepare a draft ordinance to amend the city code. We would like to postpone moving to public hearing, however, until other proposed changes to the oil & gas code are also drafted so that all changes may move forward to council at the same time. We also recommend making a presentation to city council during one of its work sessions to make sure all concerns from council are included in proposed changes. In addition to the discussion about how the city should handle requests to reduce the distance between drilling and protected uses, the Commission also asked staff to research the idea of limiting the number of wells per pad site. We are still researching this issue, but based on discussions with staff from other cities, I believe the trend is to encourage more wells per pad site in order to decrease the number of pad sites popping up throughout a city. With that sad, I believe cities are also looking for ways to encourage operators to finish drilling as quickly as possible. For example, Grand Prairie recently amended its drilling regulations to that operators are now required to finish all drilling activity within five years of receiving a permit. Distance Reduction: Exceptions to the Waiver Requirement Option 1. Summary • Remove option for an exception to the waiver requirement, thereby requiring operators to have 100% of waivers in order to reduce distance between drilling and a habitable structure; • Keep in place the waiver exception for the required distance from property lines; • Change which body is responsible for hearing requests for exceptions /variances from the distance waiver requirement so that requests are heard by city council rather than by BOA • Change term used from special exception to variance. This term is commonly used in gas drilling ordinances throughout the region and should be understandable to operators. Since this is not a normal variance, however, the city should set specific criteria for how the council should determine whether to grant a variance. This is the approach used in Southlake and in Grand Prairie. Amended code could read as follows: Sec. 17 -426. Oil & gas. (c) Oil and gas well drilling and production by special exception. (2) No drilling, production, compressors, compressor station or gathering station shall be permitted within the floodway or 500 -year floodplain as defined by FEMA or within six hundred (600) feet of any cultural, historic or archeological resources, or groundwater recharge areas; or environmentally sensitive areas excluding floodplain or floodways; or within six hundred (600) feet of any habitable structure or public 2 building, institution, park, school, or commercial building for which a building permit has been issued on or before the date the application for a drilling permit is filed with the city; 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 eighty (80) percent of affected property owners agree in writing to permit drilling as rlose as inn feet ^M within 300 feet of a neighboring property line, then the operator may apply to the city council for a variance from the requirement that all affected property owners must agree in writing. When four (4) or fewer waivers are required, if all but one (1) property owners agree in writing to permit drilling or production within the reduced distance, then the operator may apply to the city council Bo ard o Adjustment for a variance c^°"ia' °x^eption from the requirement that all affected property owners must agree in writing Possible Section to be Added (establishing variance process): (1) An operator requesting a permit or other approval required by this article may apply for a variance from the requirement that all affected property owners must agree in writing to permit drilling closer than 300' of a neighboring property line by submitting to the director of development services a written request for variance. The request must include the following where applicable: a Description of the requested variance and an explanation of why it should be granted, including how the operations proposed are reasonable under the circumstances and conditions prevailing in the area considering the particular location and the character of the improvements located there; and b Description of alternatives considered and why each is not the preferred alternative; and 3 c Description of the economic consequences if the variance is not granted; and d Description of how the level of health, safety, and welfare of the public will be maintained if the variance is granted; and e A site plan of the site visually depicting the requested variance if the request for the variance involves the location or orientation of persons or property; and f A notarized consent for signed by all owners of both the affected surface and mineral interests. (2) In addition, city council may consider the following in determining whether to grant a variance: a Whether the drilling of such wells would conflict with the orderly growth and development of the city and its ETJ; b Whether the impact upon the adjacent property and the general public by operations conducted in compliance with the gas well permit conditions are reasonable and justified, balancing the following factors: 1. The right of the owners(s) of the mineral estate to explore, develop, and produce the minerals; and 2. The availability of alternative drill sites. 3. The recommendations of the director of development services, the director of public works, and the fire chief. Option 2. Summary. • Remove the option for operators to seek a variance /exception from the 100% requirement for reducing distance from drilling to the property line, but 2 reduce mandatory property line setback to 50 feet (currently is 300 feet). Because the 300' distance is so restrictive if there is no option for an exception, if we have no process for an exception, we should reduce the distance required. The 50' distance is the same as the required front yard and rear yard setbacks for a structure on AG -zoned property. It is the largest required setback in our zoning districts; • Remove waiver exception option for habitable structures, thereby requiring operators to have 100% of waivers in order to reduce distance between drilling and a habitable structure. The revised section could read as follows: Sec. 17 -426. Oil & gas. (c) Oil and gas well drilling and production by special exception. (2) No drilling, production, compressors, compressor station or gathering station shall be permitted within the floodway or 500 -year floodplain as defined by FEMA or within six hundred (600) feet of any cultural, historic or archeological resources, or groundwater recharge areas; or environmentally sensitive areas excluding floodplain or floodways; or within six hundred (600) feet of any habitable structure or public building, institution, park, school, or commercial building for which a building permit has been issued on or before the date the application for a drilling permit is filed with the city; 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 fifty (50) thr ee feet of a neighboring property line unless all affected property owners agree in writing. If eighty (80) n errent o of a n hhering r PFOp li n e, t the operatO may apply to th e pity r• eunril fer ariwnne from the Fegwirement t hat all affec pr operty 5 The suggestions above are two options the Commission may want to consider. We will make changes as requested by the Commission and will continue to research other ways of addressing the most effective way to regulate nuisance noise. C Staff Report to the Members of the Planning & Zoning Commission Date: June 6, 2011 Agenda Item Number: I -D Subject: Form -based codes Originated by: Rachel Roberts, Planner A group of students from the University of Texas at Arlington Master's in Public Administration program have prepared a report about creating a historic district in the Old Town area, and city staff believe this is a good location to begin phasing in form -based codes. While form -based codes are not appropriate for all areas of the city, in certain cases they are the best planning tool available. For example, a form -based code in the Old Town area could provide an effective way of allowing new construction to match the character of the neighborhood. We are reviewing form -based code reference material and hope to move forward with developing form -based codes after the comprehensive plan update is adopted. Staff Report to the Members of the Planning & Zoning Commission Date: June 6, 2011 Agenda Item No: I -E Subject: Bowman Springs and Little Road Originated by: Rachel Roberts, Planner * *The Commission did not have time to discuss this item during the April meeting. The report for the April meeting is reprinted below. ** The Commission asked this item to be placed on the work session agenda. Our engineers have provided a draft of the revised zoning map showing the new roads. We have included a section of the map with this report for your reference to help with your discussions. Staff Re p ` ort to the Members of the Planning & Zoning Commission Date: June 8, 2011 Agenda Item No: I -F Subject: Overlay District Zoning Originated by: Rachel Roberts, Planner * *The Commission did not have time to discuss this item during the April or May meetings. The report for the April meeting is reprinted below. ** The Commission asked staff to place this item on the work session agenda. If time permits during the work session, staff requests Commission members to describe their concerns on this issue so we may prepare a report for your review. Staff Report to the Members of the Planning & Zoning Commission Date: June 8, 2011 Agenda Item No: I I -G Subject: I Incompatible zoning districts and properties Originated by: I Rachel Roberts, Planner "The Commission did not have time to discuss this item during the April and May meetings. The report for the April meeting is reprinted below." The Commission asked staff to place this item on the work session agenda. If time permits during the work session, staff requests Commission members to describe their concerns on this issue so we may prepare a report for your review. Staff Report to the Members of the Planning & Zoning Commission Date: June 8, 2011 Agenda Item No: I -H Subject: Discuss and review any item on the agenda, as needed Originated by: Rachel Roberts, Planner This item has been added to the agenda to allow the Commission an opportunity to discuss any regular session item during the work session. Staff Report to the Members of the Planning & Zoning Commission Date: June 8, 2011 Agenda Item No: I I -I Subject: I List of Items for Future Consideration Originated by: I Rachel Roberts, Planner In addition to the items listed below, the Commission may add items to the list for future discussion. Commission members may discuss each item in order to determine how to direct staff to bring it to the Commission as a future action item, but no action may be taken at this time. a. Alcohol Ordinance b. Green / Environmental Regulations C. Storm Water Ordinances and Creek Ordinances d. Salvage Yard Ordinance Staff Report to the Members of the Planning & Zoning Commission Date: June 10, 2011 Agenda Item No: III Subject: Minutes from the May 2011 meeting Originated by: Rachel Roberts, Planner Please find with this report the draft minutes from the April meeting for your review and consideration. Staff Report to the Members of the Planning and Zoning Commission Date: June 10, 2011 Agenda Item No: IV Subject: Announcements Originated by: Rachel Roberts, Planner At the meeting, staff will provide an update on city projects (Agenda Item VII -A). In addition, if Commission members have announcements about community events, holidays, or other items of general community interest, they are invited to make those announcements under this agenda item (Item VII -B).