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2011_04.05 BOA MinutesMAN MINUTES BOARD OF ADJUSTMENT KENNEDALE CITY HALL— 405 MUNICIPAL DRIVE. COUNCIL CHAMBERS APRIL 5, 20TO. k � WORK SESSION — 6 :30 P.M. REGULAR MEETING — 7 :00 PM WORK SESSION CALL TO ORDER Chairman Adams called the work session to order at 6:50 P.M. ROLL CALL Ms. Roberts called roll for the work session. Members present: Chairman Rick Adams, Brian Cassady, Patrick Vader; alternates Jeff Madrid and Richard West. Members absent: Linda Elam, vice - chair; Cheryl Abbott; alternates Darrell Dixon and Jeremy Redding. Mr. Madrid was brought forward to serve as an acting member. 1. Discuss regulations governing special exception requests on the agenda. Ms. Roberts reviewed the special exception ordinance as it related to Case 11 -01. Mr. Adams made a motion to close the work session, seconded by Mr. Cassady. The work session was closed at 7:05 P.M. REGULAR MEETING CALL TO ORDER The regular meeting was called to order at 7:18 P.M. Mr. Cowey told the members of the public in attendance that there were four cases on the agenda, and mentioned the location of each case so that the public would know which form to fill out and turn in if they wanted to speak. He suggested taking a break after the first case. ROLL CALL Ms. Roberts called roll. F.• II. VISITORS /CITIZENS FORUM At this time, any person with business before the Board of Adjustment not scheduled on the Agenda may speak, provided that a "Speaker's Request Form" has been completed and submitted to the Board of Adjustment Secretary prior to the start of the meeting. All comments must be directed towards the Chair, rather than individual BOA 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. Ms. Roberts swore in all those who wished to speak. Mr. Adams asked everyone to keep their comments to around 3 minutes and to consider not speaking if someone else already said what they wanted to say, since there were so many people in attendance. No one registered to speak at the Visitor's /Citizen's Forum. III. CONSIDER BOA CASE # 10 -09 BOA 10 -09 to consider and receive comments on a request for a Special Exception to City Code Section 17 -426 (c) requested by Chesapeake Operating, Inc., to allow gas well drilling and production for two gas wells to be located at approximately 205 N. Joplin Rd and 1257 Swiney Hiett Rd, more particularly described Bowerman Addition, Block A, Lot 1 in Kennedale, Tarrant County, Texas. a) STAFF PRESENTATION OF CASE Ms. Roberts gave the staff presentation. She said this is a case the Board is familiar with and had been tabled previously. Ms. Roberts said one of the issues from the last meeting was concerns from residents that were not being addressed, and to address this issue, Chesapeake had held an open house at the community center and had also invited several residents of Steeplechase to a meeting at Chesapeake's office in Fort Worth to discuss concerns. She said they met again with several residents to discuss sound issues. Ms. Roberts gave a brief overview of some of the issues that continued to come up. Ms. Roberts described the testing the water department does to check water quality and said staff believed that was sufficient for now. Regarding air quality, Ms. Roberts stated that fumes from Chesapeake's equipment used during fracking can be an irritant and so staff would like Chesapeake to submit a statement about whether less noxious methods are available. She added that Chesapeake is still conducting air testing on site, and she said that if they granted the special exception, staff requests the Board to add a condition that Chesapeake continue to do air sampling until the city has selected a consultant to do the testing. Ms. Roberts said that noise has been an ongoing issue. Chesapeake had told staff they were considering adding a sound wall on the north side, and staff believed this would alleviate noise issues on the north side. 250 She asked the Board to add a condition that Chesapeake would add an additional sound wall. Dust has also been a problem, but Chesapeake has been doing what staff asked them to do, so staff believed any issues that arise can be worked out between Chesapeake and staff. Communication has been a problem also, and Chesapeake has notified staff that the 800 number at the entrance gate to pad sites goes to a command center that is staffed 24 hours a day. From the staff perspective, when issues come up, staff will hold one person accountable and call that person directly. Ms. Roberts said that is the process they had been operating under during the past few weeks. Mr. Adams asked if had been working out, and Ms. Roberts said she thinks it has. On mineral rights, Ms. Roberts said the city is not authorized to get involved in mineral rights. Ms. Roberts said she had talked with the fire chief, and he believes the hydrant connections near this site are sufficient for now in distance and water flow. She also said that staff requested the Board add a condition that if dirt is tracked off site, the operator clean it up immediately. Ms. Roberts said staff recommended the Board approve the special exception with the conditions listed in the staff report. She added that the two complaints they hear the most is on one side people wanting their mineral rights and on the other side people wanting the activity to stop so they can have some peace. The staff position is that if these two wells are drilled, then the people who have mineral rights will have access to their minerals, and the people who want quiet will have quiet. She added that the Board should keep in mind that special exceptions for drilling now expire after two years, so no matter what, these wells will have to be drilled within two years. b) APPLICANT PRESENTATION OF CASE Ms. Leggett gave the presentation on behalf of the applicant. She said they will improve operations at this location, and they have opened up the doors of communication even wider for those who felt unheard. Ms. Leggett said Chesapeake understands the concerns of the community, and Chesapeake is asking for the opportunity to begin again in this neighborhood. She gave a brief history of the pad site. She said they are requesting a special exception for ten wells at this location [the two requested wells would make a total of ten wells at this site]. She said Chesapeake had met with the most concerned residents. She said additional dust mitigation will be used in the future, and she also said the Tiger wells could reach the Steeplechase residents' minerals. They anticipate drilling the Tiger wells in July, and pipeline is already on site. She showed a map of the Tiger well unit. In response to a question from Mr. Adams, Ms. Leggett confirmed that none of the eight wells drilled so far went into Steeplechase. She said Chesapeake developed a communication plan for this site with input from city staff and the residents. She described the meetings mentioned by Ms. Roberts earlier. In addition, she said that during the open house, Chesapeake had received a number of comment cards in favor of the special exception, and Ms. Roberts held up the stack of cards for the Board to see. 251 Ms. Leggett told the Board that Chesapeake has a neighborhood relations page for this pad site. Mr. Adams asked about the timeline. Ms. Leggett said the timeline they had was tentative. c) PUBLIC HEARING ON BOA CASE # 10 -09 Ms. Roberts went over the public hearing process for those members of the audience who had not attended a Board of Adjustment meeting before. The following people registered an opinion in favor of the special exception but did not wish to address the Board: Mamie Beasley Platt, 1245 Elmbrook Drive, Kennedale Don Erwin, 511 Steeplechase Trail 76060 Shelly McCartney, 1259 LeAnne Court 76060 Ira Williams, 1202 Vera Lane 76060 Jayne Ames, 1213 Vera Lane 76060 Malikah Stoudenmire, 412 Glenbrook 76060 Damon McCartney, 1404 Fern Court, Kennedale 76060 Claire McCartney, 1404 Fern Court, Kennedale 76060 Eric Jakubisin, 1259 Stonehill Court, Kennedale 76060 Ed Justice, 1264 Leanne Court, Kennedale 76060 Randall Ames, 1213 Vera Lane, Kennedale 76060 Donna Tijerina, 1403 Wren Court, Kennedale 76060 Annie Hale, 413 Coker Valley Drive, Kennedale 76060 Kelly Rivers, 1266 Wendy Court, Kennedale 76060 John P. Brady, 1256 Elmbrook, Kennedale 76060 Betty McBryde, 410 Steeplechase, Kennedale 76060 Tina and Brian Rogers, 400 Steeplechase Trail, Kennedale 76060 Karen Wixson, 1206 Vera Lane, Kennedale 76060 Ehren Wixson 1206 Vera Lane, Kennedale 76060 Peter Kleinjan, 422 Steeplechase Trail, Kennedale 76060 DiAnn Cook, 1402 Derby Drive, Kennedale 76060 Danny & Susan Wright, 1251 Stonehill Court, Kennedale 76060 Frank Herrera, 1257 Stonehill Court, Kennedale 76060 Willard E. Cook, 1405 Derby Drive, Kennedale 76060 Kevin McCartney, 1259 Leanne Court, Kennedale 76060 Jose A. Escobar, 409 Coker Valley Drive, Kennedale 76060 Paul Iwuchucwu, 5116 Haddonstone Drive, Arlington, TX 76017 Susan Rose, 419 Coker Valley Drive, Kennedale 76060 Hollis Matthews, 1252 Elmbrook, Kennedale 87060 The following people spoke in favor of the special exception: Don Larson, 411 Coker Valley, Kennedale 76060 Duane Tallman, 1264 Cross Creek, Kennedale 76060 Davey Jones, 1262 Cross Creek, Kennedale 76060 Melba Mathews, 1263 Elmbrook, Kennedale 76060 John Peace, 1262 Leanne Ct, Kennedale 76060 252 John Hivale, 418 Coker Valley, Kennedale did not register in favor or against but expressed concerns and asked questions. The following people registered an opinion against the special exception but did not wish to address the Board: Raymond and Charlotte Clipper, 414 Coker Valley, Kennedale 76060 Mary Billingsley, 1402 Wren Court, Kennedale 76060 The following people addressed the Board against the special exception: Grady Fuller, 1254 Elmbrook Drive, Kennedale 76060 Roy Stott, 1260 Elmbrook Drive, Kennedale 76060 d) APPLICANT RESPONSE The Board asked why Chesapeake did not put up additional sound walls. Ms. Leggett said there had been no operations, so no sound walls were up. Mr. Adams asked if there was no better technology available for fracking. Ms. Leggett said one of her colleagues would address that question. Jeff Scoggins of Chesapeake discussed pools. Mr. Cassady asked when Chesapeake thought they would be done. Mr. Vader asked if Chesapeake had requested both permits, and Ms. Roberts said yes. Woody Sandlin of Chesapeake said there was no other equipment available and said the Texas Commission on Environmental Quality monitors these kinds of sites. Mr. Vader said item one on the staff recommendations wasn't really applicable. Mr. Adams said the prevailing winds around here are from the south, so it will blow fumes from the Bogi site straight at these people's backyards. He asked if there was nothing that Chesapeake could do about it? Mr. Sandlin said there was not but that TCEQ has monitored several ongoing fracs for issues just like that and hasn't found any problems. Mr. Adams said he'd had issues with TCEQ like that, too, and it doesn't necessarily mean they're right. e) STAFF RESPONSE AND SUMMARY OF CASE Ms. Roberts and Mr. Cowey gave the staff summary. In response to a question by Mr. Hivale during the public hearing, Ms. Roberts said they measure distance from the well bore. Staff asked the Board to consider approving the recommendation with the conditions suggested by staff. Mr. Cowey said they needed to make clear that the sound must be in compliance at any distance at least 300 feet from the site. If it's 400 feet away, the regulation 253 still applies. He reminded the Board that the special exception time frame is two years unless the Board sets a different time frame. The Board said the first condition suggested by staff was a moot point if there were no other fracking technology available. Mr. Cassady said he'd like to know when Chesapeake thought they'd be cleaned up and gone but didn't know if they could supply that information or not. Mr. Adams asked Ms. Leggett if by the time they started drilling in July, they would have a finished timeline. Ms. Leggett said they could start putting that together, and they already had a tentative timeline. Mr. Adams asked, if they put a stipulation on the exception that they have to be done in a certain time frame, could they stick to it? Ms. Leggett said they could put together a tentative timeline. Ms. Roberts clarified that the special exception is for two years and the drilling permit is for one year. f) ACTION ON CASE Mr. Cassady motioned to approve as requested, with the items recommended by the city except Item 1, and with a timeline to be provided by Chesapeake within 30 days of receiving the permit. Mr. Madrid seconded the motion, and all members voted in favor. The Board called a five minute break at 8:36 P.M. Mr. West was brought forward as an alternate. IV. CONSIDER BOA CASE # 11 -03 BOA 11 -03 to consider and receive comments on a request for a Special Exception to City Code Section 17 -421 as requested by See Eang Eng to allow a large distribution center at 716 E Kennedale Pkwy, more particularly described as C.A. Boaz Subdivision of J B Renfro Survey, Blk Lot 14R4, Tarrant County. a) STAFF PRESENTATION OF CASE Ms. Roberts presented the case, describing the uses surrounding the property, the intended use of the property, and a brief history of the site. She said the Planning & Zoning Commission had voted to recommend denial of the rezoning sought in conjunction with the special exception, and that one of the reasons is that city council had voted to zone this property C -1 in the past, and therefore the Planning & Zoning Commission believed rezoning to C -2 as requested would go against the will of the council. She said the case would go to city council next and that staff believe this was a suitable use for the property. She said they had met several times with the applicant, realtor, landscape architect, and engineer, and that they had put a lot of work into the project. She said staff had explained to them that they have to meet the standards of the special exception and that their 254 site had been designed to be as least intrusive as possible to the residential properties behind them. She said staff recommends granting the special exception with the condition that the rezoning is granted by city council. Mr. Vader asked if they could stipulate the use in the special exception, and Ms. Roberts said that if they could make that condition. Mr. Cowey said they can, the special exception is for a specific use and the site plan submitted as part of the application. b) APPLICANT PRESENTATION OF CASE Angelo Puma made a presentation on behalf of the applicant. He described and showed illustrations of the proposed building and site and described the company's operations. Mr. Vader asked about the building material, and Mr. Puma said it would be split face concrete or tilt wall with a standing seam metal roof. Mr. Madrid asked about signage at the front of the property. Mr. Puma said his clients had not discussed that with him, but that signage was not crucial to them and they would conform with the ordinance. c) PUBLIC HEARING ON BOA CASE # 11 -03 The following people registered in favor of the special exception but did not wish to address the Board: Jill Whisenhunt 1246 Elmbrook Drive, Kennedale 76060 Asmin Jamil, 917 Dunkirk, Arlington, TX 76017 Their business is at 716 E. Kennedale Pkwy Mohomad Jamil, 416 E. Kennedale Pkwy (business location) The following person spoke against the special exception: Jason Biles, 712 Mansfield Cardinal Road, said he was against the rezoning that had also been requested and asked if the Board grants the special exception, would the screening shown in the illustration not screen until 20 years from now when the trees grow? He said he understands things will change over time but the Board needs to look at the properties adjoining each other and what they will do for future growth. Mr. Vader said a two -story office building with windows all around could go on the site now. Mr. Vader said he had experienced a similar situation so he could commiserate with Mr. Biles, but indicated a building with no windows might be better. He also said landscapers could only plant trees so tall and expect them to live, but if enough are planted, it can screen. d) APPLICANT RESPONSE 255 Mr. Puma responded to comments made by Mr. Biles. He said they knew screening would be a concern, and that's why they were planning to add additional evergreen trees. Mr. Adams asked if they were willing to work with the home owner. Mr. Puma said yes. Mr. Vader said they could specify landscaping of sufficient size. Mr. Adams asked if staff had any precedent. Mr. Cowey said the Board could stipulate evergreen, over 2" caliper, and will have good height. He said they had just planted 2" caliper trees in the park, and they were 20 feet tall already. e) STAFF RESPONSE AND SUMMARY OF CASE Ms. Roberts told the Board that the property owner on the southeast side had stopped by and asked about the case and said the requested special exception was fine with him. She said since he wasn't there tonight, she didn't know if they could consider it. But she wanted to add that in meetings with the applicants, anything staff had requested, the applicants had done. She said they are willing to work with the city to do whatever they need to do. She recommended approving the special exception with the condition that city council approve the rezoning, and that the Board could of course add additional conditions about screening. Mr. Cowey also responded, stating that approval of the special exception does not exempt the applicant from meeting other city codes. f) ACTION ON CASE Mr. Vader made a motion to approve on the condition that the applicant install rear screening of 3" or greater caliper evergreen trees suitable to screen the rear, as approved by city staff. Mr. Madrid seconded the motion, and all members voted in favor. V. CONSIDER BOA CASE # 11 -01 BOA 11 -01 to consider and receive comments on a request for a Special Exception to City Code Section 17 -426 (c) requested by Chesapeake Operating, Inc., to allow gas well drilling and production as close as 300' to a habitable structure or other protected use and to allow gas well drilling and production at a site within 300' of the property line of the property on which drilling is proposed, for gas drilling permits requested for property located on Bolen Road, Kennedale, more particularly described as Lots 1 -3, Block A, George Case Addition, Tarrant County. Ms. Roberts again swore in those who would like to speak before the Board in case some speakers arrived too late to be sworn in earlier in the evening. 256 a) STAFF PRESENTATION OF CASE Ms. Roberts gave the staff presentation, saying this was the kind of situation discussed during the work session. She described how most of the standards for a special exception don't really apply to this case, since this case does not have to do with a land use. Certain public improvements would have to be made if Chesapeake was granted the special exception, but that matter would be considered under Case 11 -02 if the special exception for Case 11 -01 were granted. Staff recommended approving the request for a special exception to allow Case 11 -02 to be heard. Mr. Adams asked if they granted this special exception, does that make it a requirement that everything can be 300 feet now, or would they have to get an exception each time. Ms. Roberts said that for this pad site, new wells could be drilled between 300 and 600 feet, but for any other pad site in the city, they would also have to go through the special exception process in order to drill between 300 feet and 600 feet of a habitable structure. She said the special exception is specific to the site. Mr. Vader said it was a poorly written ordinance and this case should not be before the Board of Adjustment. b) APPLICANT PRESENTATION OF CASE Bill Dahlstrom presented the case on behalf of Chesapeake. He said they were just asking for the ability to go to the next step. Mr. Adams asked if the Board granted this special exception, would they still need the remaining waiver? Ms. Roberts said they would. c) PUBLIC HEARING ON BOA CASE #11 -01 The following people registered in favor of the special exception but did not want to address the Board: Shannon Capers, 433 Marengo Street, Cleburne, TX 76033 Merlyn Eckles, 209 Oakridge Trail, Kennedale 76060 Mike Conkle, 318 W. Kennedale Pkwy, Kennedale 76060 Gavan & Kelley Hunt, 207 Oak Ridge Trail, Kennedale 76060 Thomas & Vicki Sitzer, 5110 Haddonstone Drive, Arlington, TX 76017 Ocie Lee Boyers 7001 Longshadow Drive, Arlington, TX 76017 Ramona Smith, 409 Rolanda Lane, Kennedale 76060 Ngoc D. Bui, 410 Rolanda Lane, Kennedale 76060 Ronald M. Fitzner, 322 Arthur Drive, Kennedale 76060 Thomas A. Birchall, 5500 Independence Ave, Arlington, Texas 76017 Larry Carter, 1211 Vera Lane, Kennedale 76060 Raul Hernandez, Jr., 5502 Coronation Drive, Arlington, TX 76017 Darryl Owens, 6701 Coronation Court, Arlington, TX 76017 Mike & Diane Shelton, 7009 Gunston, Arlington, TX 76017 257 Connie Grady, 1517 A, Gilman Road, Fort Worth, Texas 76140 Della Adams, 1513 Gilman Road, Fort Worth, Texas 76140 William Sykora, 1313 Bowman Springs, Kennedale 76060 David C. Taylor, 825 N. Bowman Springs Road, Kennedale 76060 John Jack, 5112 Haddonstone Drive, Arlington, TX 76017 Gary Don Grady, 1517 -A Gilman Road, Fort Worth, Texas 76140 Darrell L. Dixson, 5405 Coronation Drive, Arlington, Texas 76017 Judy Helbing, 1039 N. Bowman Springs Road, Kennedale 76060 Carol Bruce, 1221 r2 CR 3816. Wills Point, Texas 75169 Deborah Swiney, 1305 Bowman Springs Road, Kennedale 76060 Randy Swiney, 1305 Bowman Springs Road, Kennedale 76060 Hoyt E. Clark, 1453 Joyce, Kaufman Clarence Don Ray, 1012 Colonial Court, Kennedale 76060 Arvgta Ray, 1012 Colonial Court, Kennedale 76060 The following people addressed the Board in favor of the exception: Wanted letter read as they are in Colorado: Charles and Jerry An 12443 West Green Mountain Circle, Lakewood, CO 80228 Charles Pickrell, 1037 Bowman Springs, Kennedale 76060 Sherman Bruce Ward, 7828 Gibbon Ct, North Richland Hill, TX 76180 Dale Monroe Bruce, Jr., 804 E. Kennedale Pkwy, Kennedale 76060 Robert Lee, 1317 N. Bowman Springs, Kennedale 76060 David Helbing, 1039 Bowman Springs Road, Kennedale 76060 special McClure, The following person registered an opinion against the special exception but did not want to address the Board: Diane Kay Hunn, 104 Meadowlake Court, Kennedale 76060 The following person addressed the Board against the special exception: David Hunn, 104 Meadowlake Court, Kennedale 76060 d) APPLICANT RESPONSE Mr. Dahlstrom requested the special exception be approved so that they could move forward to the next case on the agenda. Mr. Vader asked for clarification about the site plan and the list of property owners surrounding the site. It shows that the only person who lives in Kennedale is the one who had not signed the waiver. Robert Lee clarified that his mailing address is in Arlington but he lives in Kennedale. e) STAFF RESPONSE AND SUMMARY OF CASE Ms. Roberts reiterated that this is an interesting circumstance and said that she wished they had realized this would be an issue when they drafted the changes to the oil and gas ordinance. She reiterated that this case does not determine whether Chesapeake would be able to drill here and that staff was not advocating a position in favor of or against drilling at this site. Staff 258 recommended approving the special exception so that the request for the special exception to drill could be evaluated under the next agenda item. Mr. Vader stated that the ordinance was not well written. He asked what the timeline would be for changes to go through Planning & Zoning and city council, would it be 60 days. Ms. Roberts said it would be longer than that because Planning & Zoning would have to discuss the changes during a meeting before going to a public hearing. Mr. Adams indicated his concern was that this would set a precedent and the city would get lots of requests for exceptions to the waiver requirement. Ms. Roberts said that was not the intent of the ordinance, and that the intent was the operator would be required to demonstrate how they had made an effort to obtain the missing waivers. Mr. Vader said the ordinance puts the Board in a position to make a determination about something that is an economic sense, and that is not the Board's role. His biggest concern was that the Board was overstepping its role in acting on this type of ordinance, and the ordinance should be clarified so the Board can vote on the case and not the economic impact. Mr. Cowey said there was financial benefit on either side, whether from signing a waiver or getting mineral rights. f) ACTION ON CASE Mr. Vader made a motion to table the case for 90 days to allow for clarification from city council. No one seconded the motion, and the motion failed. Mr. Cassady made a motion to grant the special exception as requested. Mr. Madrid seconded the motion, and it passed with all but Mr. Vader in favor. Mr. Vader was opposed. VI. CONSIDER BOA CASE # 11 -02 BOA 11 -02 to consider and receive comments on a request for a Special Exception to City Code Section 17 -426 (c) requested by Chesapeake Operating, Inc., to allow gas well drilling and production for wells to be located at property on Bolen Road, Kennedale, more particularly described as Lots 1 -3, Block A, George Case Addition, Tarrant County. a) STAFF PRESENTATION OF CASE Ms. Roberts gave the staff presentation. She described the location and surrounding land uses. One of the surrounding uses is a proposed equestrian center proposed by David Hunn. She said there were certain public improvements that would have to be made by Chesapeake, namely, building a water line to the site and improving Bolen Road to handle the truck traffic. She then went through the standards for a special exception and how they applied to this case. She added that this site makes drilling much less a nuisance than in more densely populated areas. She described the public improvements that would be required of Chesapeake or anyone developing in this area. Mr. Adams 259 asked if the gas well wasn't going in, would Mr. Hunn have adequate fire protection for his equestrian center? Ms. Roberts said he would be required to build a water line. Ms. Roberts said this location was one of the better ones in the city, less intrusive than the other Chesapeake sites, and would have a positive economic impact, but that on the other hand, Mr. Hunn's equestrian center would fit in with the city's open space and trails plans and could also have a positive economic impact. Ms. Roberts said the city perspective is that both projects would benefit the community and they were be prepared to offer development incentives to Chesapeake to work things out. She said the staff did not have a recommendation for the Board on this case. b) APPLICANT PRESENTATION OF CASE Ms. Leggett presented on behalf of the applicant. She showed an illustration of the site and described its location. She said this was a lease site, so Chesapeake did not own the land. She said they were applying for a special exception for eleven wells. There will be sound walls and sound monitors installed on site, and the pipeline is already in place. They would continue to work with staff on the water line and the road improvements. Ms. Leggett showed the landscape plan and said staff had been satisfied with the landscaping plan. Mr. Adams asked where the tanks would be, and Mr. Sandlin said they did not know at that time. Mr. Adams said the well site just east of this one used a rig that was much less noisy. Mr. Sandlin said he wasn't familiar with that rig. The Board asked what was the contingency plan for access to the site if Arlington starts work on Bowman Springs? Ms. Roberts said the contingency plan was already in place because TxDOT had notified them that they may close left - turning access to Bowman Springs from Bolen. The city had notified Chesapeake of this possibility and made them aware that they may have to access the site from Bolen Road only. Mr. West asked about the number of wells, asking if the reason they were dealing with eleven wells was because it's an easy site without a lot of homes around it. Ms. Roberts said Chesapeake came up with that number, they think can drill the eleven wells in the timeframe, but that Mr. West was correct, the site is not next to a neighborhood. Mr. Cowey reiterated that the pipeline is already in place and hopefully all the leases are in place and Chesapeake can go forward in a timely manner. c) PUBLIC HEARING ON BOA CASE # 11 -02 The following people registered in favor of the special exception but did not address the Board: Jim B. & Barbara Smith, 5115 Bowman Springs Road, Kennedale 76060 John Jack, 5112 Haddonstone Drive, Arlington, Texas 76017 260 Darrell L. Dixson, 5405 Coronation Drive, Arlington, Texas 76017 Judy Helbing, 1039 N. Bowman Springs, Kennedale 76060 Ethel Swiney, 1305 Bowman Springs Road, Kennedale 76060 Hoyt E. Clark, 1453 Joyce, Kaufman David C. Taylor, 825 North Bowman Springs Road, Kennedale 76060 Gary Don Grady, 1517 A Gilman Road, Fort Worth, TX 76140 Ronald M. Fitzner, (not sure of spelling of last name) 322 Arthur, Kennedale 76060 William Sykora, 1313 Bowman Springs, Kennedale 76060 Della Adams, 1513 Gilman Road, Fort Worth, TX 76140 Mike & Diane Shelton, 7009 Gunston, Arlington, TX 76017 Darryl Owens, 6701 Coronation Court, Arlington, TX 76017 Romona L. Smith, 409 Rolanda Lane, Kennedale 76060 Paul Saunders, 7006 Gunston Lane, Arlington, TX 76017 Roy & Avril Finch, 5104 Tacoma Drive, Arlington, TX 76017 Ngoc D. Bui, 410 Rolanda Lane, Kennedale 76060 Raul Hernandez, Jr., 5502 Coronation Drive, Arlington, TX 76017 Vicki & Thomas Sitzer, 5110 Haddonstone Drive, Arlington, TX 76017 Gavan & Kelley Hunt, 5205 Saratoga Lane, Arlington, TX 76017 Carol Bruce, 1221 Vs CR 3816, Wills Point, TX 76169 Merlyn D. Eckles, 209 Oakridge Trail, Kennedale 76060 Shannon Cappers, 433 Marengo Street, Cleburne, TX 76033 Don & Anna Capriotti, 7002 Gunston Lane, Arlington, TX 76017 Connie Grady, 1517 A Gilman Road, Fort Worth, TX 76140 The following people addressed the Board in favor of the special exception: Sherman Bruce Ward, 7828 Gibbons Court, North Richland Hills, TX 76180 David Helbing, 1039 Bowman Springs Road, Kennedale 76060 Robert Lee, 1317 N. Bowman Springs Road, Kennedale 76060 Joe Taylor, 604 Bluebonnet Lane, Kennedale 76060 Charles Pickrell, 1037 Bowman Springs Road, Kennedale 76060 John J. Allevato, 1015 Colonial Court, Kennedale 76060 The following person registered an opinion against the special exception but did not want to address the Board: Diane Kay Hunn, 104 Meadowlake Court, Kennedale 76060 The following person addressed the Board against the special exception: David Hunn, 104 Meadowlake Court, Kennedale 76060. Mr. Hunn gave a presentation about the proposed equestrian center and what they were requesting from Chesapeake. Ms. Diane Hunn then addressed the Board in favor of the special exception. d) APPLICANT RESPONSE Ms. Leggett said her understanding is that Chesapeake did consider some of the proposed plans and that that the negotiations were not cut and dried. She said 261 they have a timeline to show how they tried to negotiate, and it's a sticky issue She said it's been known that this would be a drill site. Mr. Adams asked if Chesapeake had ever drilled eleven wells back to back and finished everything in two years. Ms. Leggett said they wanted to show a clear picture by asking for eleven wells, showing how many wells they think they can drill at a particular site, so the Board can see what Chesapeake's plans are. Mr. Scoggins gave a timeline of the negotiations with Mr. Hunn. Mr. Vader asked if the geography changed significantly if they moved the pad site 200 feet to the west? Mr. Scoggins said the pad site had to be per the lease agreement. He said they had looked at moving the pad site, but the costs went up when they had to purchase back the land they had sold and leased for the pad site. Mr. Vader said either Chesapeake can't drill or the Hunns can't move forward with their project as it is. Mr. Scoggins said if the stables were there, it didn't think it would prevent them from drilling. Ms. Leggett said it was a tricky issue, and they had to consider what the properties are currently used for, and Chesapeake has sites next to schools and neighborhoods. She said they have always had plans to drill at this location, and Mr. Adams stated that Chesapeake had not brought this case before the Board before. Ms. Leggett said the 100% waiver requirement is hard to get everyone to agree to, and Chesapeake appreciates getting the ordinance changed. e) STAFF RESPONSE AND SUMMARY OF CASE Mr. Cowey said the board could approve, table, or deny the case. Mr. Cowey requested that if the Board was considering denying the case, it would table the case instead. Mr. Vader said that 80% of the people in the room probably hadn't been there before so he wanted to explain that one of the most important things has been the oil and gas ordinance, and that we probably wouldn't have as nice of drill sites without the special exception requirement and oil and gas ordinance. He said Chesapeake does not have a right to a special exception, as painful as that may seem. He added that the Board is not trying to keep anybody from getting minerals and he appreciates people coming to the meeting. f) ACTION ON CASE Mr. Vader said he appreciated Chesapeake coming in with eleven wells instead of a few at a time. He said there's a lot of money on the table, and he feels confident that if the parties sit down they can work something out. He made a motion to table the case for 30 days to try to get this resolved. Mr. Cassady seconded the motion, and all members voted in favor. 262 VII. REGULAR ITEMS a) Consider and approve minutes from the February 2011 meeting Ms. Roberts had not had an opportunity to finish the minutes, so the Board skipped this item. VIII. STAFF REPORTS a) Update on City Projects Ms. Roberts reminded the Board about the upcoming Art in the Park city event. IX. ADJOURNMENT Mr. West made a motion to adjourn, seconded by Mr. Madrid. All members voted in favor, and the meeting adjourned at 11:55 P.M.