2009_06.18 PZ Minutes1012
MINUTES
PLANNING AND ZONING COMMISSION
JUNE 18, 2009
KENNEDALE MUNICIPAL BUILDING,
405 MUNICIPAL DRIVE
COUNCIL CHAMBERS
REGULAR MEETING, 6:00 P.M.
With a quorum, Chairman Hunn called the meeting to order at 6:00 P.M.
Members present: David Hunn (Chairman), Ernest Harvey (Vice-Chairman), Lori Bryan, Ray
Cowan, Frank Fernandez, Charles Overstreet, and Billy Simpson. Mr. Cowan arrived at 6:01
P.M.
Members Absent: Lana Sather.
Staff present: James Cowey (Building Official) and Rachel Roberts (Planner).
II. VISITORS/CITIZENS FORUM
At the beginning of the meeting, no visitors had signed up to speak. Charles Davis,
representative from Chesapeake Energy, arrived after the start of the meeting and was allowed
to speak. Commission members asked Mr. Davis to answer several of their questions
concerning gas well operations.
II. MINUTES
Ms. Bryan made a motion to approve the minutes from the May 21, 2009 meeting as published.
The motion was seconded by Mr. Harvey and passed unanimously.
III. WORK SESSION: DEVELOPMENT NEAR OIL & GAS WELLS; POSSIBLE CHANGES TO
COMMERCIAL ZONING DISTRICT CLAS SIFICATIONS; POSSIBLE CHANGES TO
RESIDENTIAL ZONING DISTRICT CLASSIFICATIONS; POSSIBLE REZONING ALONG
BOWMAN SPRINGS
(a) Oil and Gas requirements and impacts of drilling and wells on future development
The Commission reviewed the staff report submitt ed by Rachel Roberts and discussed the items
under consideration.
(a) The Commission agreed to recommend approving the definitions for Compressor and
Compressor Station recommended by staff.
(b) The Commission agreed to recommend prohibiting Compressor Stations within the
city.
(c) The Commission did not take action on screening compressor stations, as it has
agreed to prohibit compressor stations within the city.
(d) The Commission agreed to recommend approving the language suggested by staff
concerning internal combustion engines and air quality.
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(e) The Commission agreed to recommend following the guidelines used by the City of
Fort Worth in determining whether a compressor is considered temporary or
permanent.
(f) The Commission agreed to recommend the city adopt language used by the City of
Arlington concerning flaring, as amended by the Commission, and asked staff to
research public notification.
(g) The Commission asked staff to check the city’s noise ordinance to compare with the
noise regulations in the oil and gas ordinance.
(h) The Commission agreed to add language to the ordinance that fracing operations
must comply with standards set by the Environmental Protection Agency and the
Railroad Commission of Texas. Staff was asked to meet with members of
Chesapeake Energy as part of the research process on fluids used during fracing.
(i) The Commission agreed to recommend approving language suggested by staff
requiring the use of closed loop systems.
(j) The Commission agreed to recommend requiring operators to submit a wastewater
management plan with an application for an oil and gas permit and to require
operators to submit a wastewater managem ent report one month after drilling begins
and then semi-annually.
(k) The Commission asked staff to meet with Chesapeake to collect information on the
pipeline placement registration systems develo ped in another city. In addition, staff is
to talk with City Attorney about whether cities may regulate the location of pipelines.
(l) The Commission agreed to approve the revised definition of drill site suggested by
staff, as amended by the Commission; the Commission further asked staff to research
the issue of how to secure sites (through gates or fencing) and the issue of the quality
of roads built to drill sites.
(m) The Commission agreed to approve the revised definition for the term Site suggested
by staff, as amended by the Commission.
(n) The Commission agreed to approve the language suggested by staff concerning
setbacks, as amended by the Commission. The Commission further voted to prohibit
drilling within 300 feet of a neighboring property line without a waiver from the
neighboring property owner.
(o) The Commission agreed to recommend adopting language similar to that used in the
City of Fort Worth concerning the screening of compressors, adding that screening
structures must comply with building and design guidelines required in the zoning
district regulations. The Commission also asked staff to meet with Chesapeake
Energy on this issue in order to gather more information on this topic. In addition, the
Commission agreed to approve the language suggested by staff for concerning the
noise levels from drilling, production, or other operations.
(p) The Commission asked staff to research the issue of platting a site before drilling.
(q) The Commission agreed to recommend adopting language similar to that used by Fort
Worth concerning structures to be built near existing oil and gas wells and the
language similar to that used by Flower Mound concerning construction near existing
pipelines.
(r) The Commission agreed to recommend ad opting language suggested by staff
concerning the expiration of drilling permits. The Commission also voted to adopt the
rearrangement of the ordinance as suggested by staff, as amended by the
Commission.
At this time, Mr. Hunn suggested the Commission take a short break. The meeting was called
back to order at 9:17 P.M. Due to the lateness of the hour, Mr. Hunn proposed that the
Commission table Agenda Items (b) and (c) and move on to Agenda Item (d). Mr. Harvey
motioned to change the order of agenda items for the work session, to move Item (d) to next on
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the list of items to be considered. Mr. Simpson seconded the motion, and all commission
members voted in favor
(b) Possible rezoning along Bowman Springs
Ms. Roberts told the Commission that staff would like feedback from the Commission on
whether the city should consider rezoning the properties along the proposed new route for
Bowman Springs. The issue was discussed, but no action was taken.
IV. WORK SESSION: ITEMS FOR FUTURE CONSIDERATION
Mr. Cowan motioned to close the work session and to move up Agenda Items (b) and (c) at the
next meeting. Mr. Overstreet seconded the motion, and the motion carried. The Commission
agreed to start the next meeting at 6:00 P.M.
V. STAFF REPORTS
(a) Update on city projects
Mr. Cowey told the Commission about the work going on at Sonora Park. Ms. Roberts
provided a copy of the recently-adopted strategic plan to the Commission members. Mr.
Cowey spoke about changes to the Veteran’s Memorial in Town Center Plaza.
(b) Legislation from Texas session 81(R) that could affect Planning and Zoning in Kennedale
Ms. Roberts provided to the Commission copies of reports from the Texas Municipal League
and from the Texas chapter of the American Planning Association concerning legislation
passed in the 81 st Texas legislature session.
VI. ADJOURNMENT
Mr. Harvey motioned to adjourn the meeting, and Mr. Overstreet seconded the motion. The
motion passed unanimously, and the meeting adjourned at 9:40 P.M.
_____________________________
David Hunn, Chairman
Planning & Zoning Commission
ATTEST:
__________________________
Rachel Roberts
Planner