2008_08.05 BOA Packeta
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST 5, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
CALL TO ORDER
ROLL CALL
I. 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. ✓i0 JA,IL
II. CONSIDER BOA CASE # 08 -05
A request for a Special Exception to the City Code Section 17 -426 (c), to allow gas well
drilling and production to be located at 205 N Joplin Road as required by this section.
Legal description is Abstract 866 Tract 3B of the Ben Joplin Survey in the City of
Kennedale, Tarrant County, Texas as requested by Chesapeake Energy Corporation.
a) STAFF PRESENTATION OF CASE
b) APPLICANT PRESENTATION OF CASE
c) PUBLIC HEARING ON BOA CASE #08 -05
d) APPLICANT RESPONSE
e) STAFF RESPONSE AND SUMMARY OF CASE
f) ACTION ON CASE
III. REGULAR ITEMS
a) Approval of Minutes dated July 1, 2008.
IV. STAFF REPORTS
a) Staff Update on City Projects.
V. ADJOURNMENT
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Staff Report
To the Members of the Board of Adjustment
Date: August 1, 2008
Agenda Item No: II
Subject: BOA Case # 08 -05 -- Special Exception to allow oil and gas well drilling
Originated by: James Cowey, Building Official
Summary:
Chesapeake Energy Corporation has applied for a special exception for the purpose of
drilling four (4) gas wells from one pad site located at 205 N Joplin Road. The actual
access to the well site is located at 1257 Swiney Hiett which is currently a vacant lot. As
per the City's Ordinances, this requires a special exception from the Board of Adjustments
before Chesapeake can receive a gas drilling permit from the City.
Please find enclosed in your packet the application submitted by Chesapeake, along with
supporting documentation.
The proposed drill site has nine residential structures that are within the 300 to 600 foot
radius that require waiver letters from the affected property owners. The applicant is still in
the process of obtaining all required letters. The status of these letters will be given at the
meeting.
Chesapeake and Staff have had a series of meetings regarding the proposed well site as
followed:
• July 18th Staff met with Chesapeake and informed them of some areas of concern
with their application
• July 25th Chesapeake hosted a Rig Tour of the current well site at its Hillside
location in Arlington
• July 28th a field tour of the proposed well site was conducted
• July 29th Chesapeake presented a draft presentation for BOA
• July 29th Chesapeake conducted a meeting with affected home owners
• August 5 -7 Fire Safety Training has been scheduled with the Fire Department
The purpose of these meetings was to address Staff's concerns which include:
• Emergency Access
• Sound Blankets
• Truck Route
• Remaining Six Waivers
• Landscaping and Screening around Pad Site
• Tree Replacement Plan
• Resolution of Plat Issue
• Emergency Equipment Needs
• Drilling Schedule Timeline
• Update the Surface Owner Map and List
Please see attached for a detailed explanation from Chesapeake of how these concerns
will be met.
Concerning the tree replacement plan Chesapeake has agreed to work with Staff and
replace 81 trees. Chesapeake will replace fourteen trees around the pad location and the
remaining trees will be placed at City Parks and /or City Schools.
The Fire Marshal has reviewed Chesapeake's plans and feels confident that the safety
concerns will be met.
Recommendation:
Staff has no issues with approving this application for Special Exception with the
stipulation that the City receives the necessary waiver letters from the affect property
owners.
Disposition by Commission:
MEMO
August 27, 2008
TO: James Cowey, Chief Building Official
Crystal Tort, Planning Assistant
FROM Bob Hart, City Manager & Zoning Administrator
RE: n of ordinance application for drilling permit submitted by
Chesapeake Energy, Inc.
Chesapeake Energy submitted an application to drill a series of wells (BOGI well site)
between Sublett Road and Swiney -Hiett Road. Approximately four (4) structures are
located within the 600' radius surrounding the proposed drill site. These structures
appear to be used for storage or other ancillary uses to residences that are located
outside the 600' radius. You requested an interpretation of the Oil and Gas Ordinance
Section 17 -426 and specifically (c) (2) as to whether or not a waiver is required for the
structures within the 600' radius of the proposed drill site. The section in question
states:
No drilling shall be permitted within six hundred (600) feet of any
residential structure or public building, institution, school, or a commercial
building, provided however, that drilling shall be permitted as close as
three hundred (300) feet if all affected properly owners agree in writing.
The issue I was asked to address is whether the term "residential structure"
encompasses the four structures noted above for purposes of requiring a 600'
separation. My analysis of the issue covers three areas:
1. Definition of structure in the ordinance,
2. The meaning of the term "residential structure," and
3. The intent of the City Council in adopting the ordinance.
In the Kennedale Code of Ordinances, structure is defined as:
Any building intended for shelter, occupancy, housing or enclosure for
persons, animals, cattle or storage.
"Residential" is embedded in the term "housing ". The ordinance reinforces a broad
meaning to the term structure in several areas:
Section 17 -426 (t): The following detail shall be included on all oil and gas
development site plans:
4
(9) Identify all wells, structures, equipment, pipelines, utilities, gates and
fences, containment areas, fire lanes, ....
Section 17- 426(o)(4) ... All production equipment on an operation site shall be
painted and maintained at all times, including pumping units, storage tanks,
buildings, and structures.
Section 17 -426 (r) (5): Structures shall not be built over flow lines or gas
gathering stations.
In these contexts, the use of the term "structure" indicates a clear meaning to be
inclusive to all structures. Moreover, in these sections, "structure" is not residential nor
could it be considered as a synonym for a residential structure.
In Section 17 -426 (c) (2) "residential structure" is used specifically but without a
definition. The International Fire Code defines residential structure as "Residential
(Group R) includes, among others, the use of a building or structure, or a portion
thereof, for sleeping purposes..." Alternatively, structure is included in the IFC
Miscellaneous Group as described as, "Buildings and structures of an accessory
character and miscellaneous structures not classified in any specific occupancy shall be
constructed, equipped and maintained to conform to the requirements of this code
commensurate with the fire and life hazard incidental to their occupancy."
The subsequent question is whether or not a storage structure that lies within the six
hundred (600) feet radius of the drill site is incidental to or as an extension of a
residential structure. While the definition of the term would not indicate so, it is
imperative to examine the intent of the Council at its adoption.
To determine the intent of the Council, I spoke with a member of the Council who
served during its adoption and a member of the P &Z Commission who served during its
deliberation and recommendation to Council. Both clearly indicated the intent to protect
the lives of citizens, hence residential structure means dwelling unit. When I inquired
about storage, both indicated the storage property could be replaced, but lives could
not, which again is why a residential structure was used as opposed to the term
structure.
Consequently, in the permit application by Chesapeake for the drilling of four gas wells,
it is my interpretation of the ordinance that a waiver is not required as part of its
application.
August 27, 2008
Mr. James Cowey
Inspector
City of Kennedale
405 Municipal Drive
Kennedale, TX 76060
Re: Gas Well Drilling Permit Applications
BOGI 1 H, 2H, 3H, 4H
Martin J. Johnson
Field and Permitting Manager
Dear Mr. Cowey:
On August 20, 2008, Chesapeake met with the City of Kennedale and received formal
City questions in regards to the BOGI 1H, 2H, 3H, 4H Gas Well Drilling Permit
Applications. City comments and Chesapeake responses are noted below:
Question: 1. Will a compressor station be located at this site?
Response: A compressor station is not currently planned for the BOGI site.
Presently, the compression, for the proposed BOGI wells, will be sufficient
for pipeline transportation.
Question: 2. What is the truck route and how will Chesapeake repair road
damage?
Response: Chesapeake construction staff and the City of Kennedale met on -site at
9:00 a.m. on Monday, July 28, 2008. The traffic route was verified in the
field. All parties agreed that the proposed traffic route from Kennedale
Parkway to Tower to Mansfield Cardinal to Swiney Hiett would work for
well traffic purposes. Traffic signs will need to be placed and a couple of
trees will need to be removed at the Mansfield Cardinal to Swiney Hiett
intersection. Chesapeake will pay for all traffic signs and their placement.
Chesapeake proposes that the City of Kennedale place the proposed
traffic signs. The proposed truck route was determined to be the least
intrusive route when compared to using Sublett Road as a means of truck
access.
Chesapeake Energy Corporation
301 Commerce Street, Suite 600 • Fort Worth, TX 76102
Direct: 817.870.5621 • C611: 817.718.6037 • Fax 817.810.0450 • martin.johnson @chk.com
Per the City of Kennedale road repair agreement, Chesapeake is required
to repair all road damage resulting from drilling construction. Chesapeake
has also submitted a video recording with the permit that details the roads
condition prior to our construction process.
Anticipated truck traffic is as follows:
• 10 trips per day to construct the pad location (8 days total)
• 45 trips over a 48 -hour period to mobilize the rig
• Within 40 days of a well being fraced, truck traffic reduces to 3 trips
per day.
Question: 3. How has Chesapeake resolved the setback requirement?
Response: Chesapeake has moved the site further south to mitigate the waiver
requirement. The proposed BOGI wells will be more than 600' away from
existing residential homes. A copy of the updated site and structure maps
are included as attachments to the comment/response memo.
Question: 4. What is the new tree count with the new location of the site?
Response: Chesapeake will be replacing fifty -one trees, and intends to plant fourteen
trees around the pad location. Chesapeake will work with the City on
placement of the remaining thirty -seven trees. The updated survey is
included as attachments to the comment/response memo.
Question: 5. What type of fencing will be placed at the site once drilling is
completed at the proposed site?
Response: The City of Kennedale, through their gas and drilling ordinance, requires
Chesapeake to install a cedar fence with masonry columns after all drilling
operations are completed.
Question: 6. How are wells and pipelines protected against leaks and blowouts,
be specific? In case of an emergency "blowout ", blowup, explosion,
what safety precautions are taken and how are those types of
situations mitigated?
Response: Natural gas pipelines are regulated by state and federal laws that mandate
minimum safety standards, specifically addressing leak and corrosion
prevention methods. These extensive safety regulations, covering
everything from material quality and pipe design to pipeline welding and
corrosion inhibitors, are spelled out in the U.S. Code of Federal
Regulations, Title 49, Parts 191 -193. These regulations are enforced by
Chesapeake Energy Corporation
301 Commerce Street, Suite 600 • Fort Worth, TX 76102
Direct; 817.870.5621 • Cell: 817.718.6037 • Fax 817.810.0450 • martin.johnson @chk.com
I
the Railroad Commission of Texas.
Some of the safety measures that are implemented in adherence to these
federal regulations include: epoxy film coating, corrosion inhibitors inside
the pipeline, biocides, x -ray testing of welds during pipeline construction,
regular internal inspection of the pipeline through testing devices and
over - design on the pressure rating.
Once a well is completed, pressure release valves are built into these
systems to allow for the safe and controlled release of pressure, when
needed, virtually eliminating possibility of an incident. Because natural gas
is lighter than air, any released gas rises into the atmosphere and quickly
dissipates, posing no harm to surrounding residents. It is only when a gas
leak is confined within a structure, such as a house, where it cannot
escape, that there is a cause for concern. Most pipeline accidents occur
by third -party digging and did not obtain the required pipeline locator
service inspection provided by calling Dig Tess.
Question: 7. Where will Chesapeake get their water for drilling?
Response; Chesapeake has worked with Kennedale's Public Works Director, and will
be purchasing drilling water from the City of Kennedale. Water for fracing
process will be sold to Chesapeake by the City of Kennedale if it is
available.
Question: 8. Will explosives be stored at the drilling site?
Response: Explosives are not stored onsite. Chesapeake, as well as the majority of
the industry, uses shaped charges for perforating the production casing.
These shaped charges allow Chesapeake to penetrate the casing
thousands of feet below the surface of the earth, which will allow the gas
to flow to the pipeline.
Should you have questions, please contact me by phone or email.
ly
Sloe P —1 age
Struc res within 600'— 1 page
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Tree Survey — 6 pages
Chesapeake Energy Corporation
301 Commerce Street, Suite 600 • Fort Worth, TX 76102
Direct: 817.870.5621 , Cell: 817.718.6037 • F 9 7,810.0450 • martin,johnson @chk.com
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STRUCTURE IDENTIFICATION TABLE
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{ .................... 300' Radius
\\ - - -- 600' Radius
1 - - -- 1,000' Radius
Pad Site
' ® Wellhead Location
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- - - -- Sanitary Sewer Easement
Proposed Pipeline
— — — Proposed Transportation Route
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Noes:
`4 1) Contour Weswere genereted by the Nash
1 Central Taxes CountlI of GovemmeMn. Contaure
j' are in 2 fool Intervals end were genereted N 2001.
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)Road west end hnn south onto Jopfin Road. The tacks
/j will tam weal onb Swaney Held Road and than north
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° t 4) A Grad, end Erosion Confrd Plan ere attached
i b meet a erosion control measures N the ordinance.
6) There wm be lm open Gus. The mud swill be
contalned In a ck,sed•loop system wltfi steel tanks.
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' ® Wellhead Location
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- - - -- Sanitary Sewer Easement
Proposed Pipeline
— — — Proposed Transportation Route
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1 Central Taxes CountlI of GovemmeMn. Contaure
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SITE PLAN
Chesapeake
ENERGY
EQUIPMENT DESIGNON
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0 50 100 150 200 300
SCALE: 1`100'
Tree Diagnosis
Tree Surveys
Urban FOrety Coasulkailt Landscape Tree Appraisals
700 Quail Run °'' Woodlands Appraisals
Azle, TX 76020 treesandquail @skywi.com Land Management
Habitat Restoration
August 20, 2008
Chesapeake Operating, Inc
Dusty Anderson, P.E.
301 Commerce St. Ste. 600
Fort Worth TX 76102
Dear Mr. Anderson,
This morning I traveled to the new BOGI 1H -8H pad site in Kennedale, Texas. I flagged
the boundaries, tagged the trees on the new pad and noted the tree tag numbers that are
common on the new pad from the old pad. They are highlighted on the old survey sheet
copies that are attached.
The tree tag numbers that are common from the old pad are: 120 thru 127 and 160 thru
170.
The new trees tagged are numbered 1 thru 32. The new tally sheets are attached.
The new pad site has many dead trees killed by the fires and most trees were in fair to
poor condition because of damage from the fires.
I started in the S.E, corner using tag # 1 and moved from east to west then back east then
west again ending with tag # 32 just north west of the well head stakes. The common
tagged trees are north of the well head stakes. All live trees 6" DBH and above were
tagged and tallied. No under story trees of desirable species 2" DBH and above were
found.
I identified each by species, determined each trunk diameter to the nearest tenth of an
inch, and gave a condition or health rating of 1 thru 3 with 1 being good and also used H
as hazard and made a comment or notes on several trees. International Society of
Arboriculture standards were followed for forked and multiple stem trees. (See legend at
top of tally sheets)
If you have questions or need additional information feel free to give me a call.
Sincerely, /I
Larry Schapveld
Urban Forestry Consultant
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200 FOOT LETTER RECIPIENT LIST
t BOA 08 -05 205 N. JOPLIN ROAD CHESAPEAKE ENERGY
Bowerman Oil and Gas Inc Nathan E and Melba F Matthews
6300 Ridglea PI Ste 920 1263 Elmbrook Drive
Fort Worth, TX 76116 -5735 Kennedale , TX 76060 -6040
Stephen & Linda M Bays Robert and Diann Brown
PO Box 557 1261 Elmbrook Drive
Kennedale, TX 76060 -0557 Kennedale, TX 76060 -6040
Jill Whisenhunt Dan V and Christina T Vo
1246 Elmbrook Dr 1259 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6040
Amy Wemhoner and Rocky Loerch Joseph and Charlotte Santana
1248 Elmbrook Dr 1257 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale , TX 76060 -6040
Michael Walker William B and Vicki Poulos
1250 Elmbrook Drive 1255 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6040
Hollis and Janice Matthews Narciso and Rosa M Rosello
PO Box 174450 1253 Elmbrook Drive
Arlington, TX 76003 -4450 Kennedale , TX 76060 -6040
Obie G and Francis S Fuller Jeffrey David Williams
1254 Elmbrook Drive 1251 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6040
John and Margaret Brady Lauretta F Patterson
1256 Elmbrook Drive 1249 Elmbrook Drive
Kennedale , TX 76060 -6039 Kennedale, TX 76060 -6040
Kalle and Melissa K Mais G Kent and Carolyn D Hart
1258 Elmbrook Dr 1247 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6040
Roy A and Sondra Stott Mamie Beasley
1260 Elmbrook Drive 1245 Elmbrook Drive
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6040
Susan Beth Beyer Cynthia L and Brian Seekins
1262 Elmbrook Drive 322 Steeplechase Trail
Kennedale, TX 76060 -6039 Kennedale, TX 76060 -6041
Brian D and Tina R Rogers
400 Steeplechase Trail
Kennedale . TX 76060 -6033
Current Owner
402 Steeplechase Trail
Kennedale, TX 76060
Richard and Linda West
404 Steeplechase Trail
Kennedale, TX 76060 -6033
Amanda Stephens
406 Steeplechase Trail
Kennedale, TX 76060 -6033
Joanne M Mendek
1235 Cross Creek Drive
Kennedale, TX 76060 -6037
David M and Stephan Michener
1233 Cross Creek Drive
Kennedale, TX 76060 -6037
Parrish L and Lisa Michener
1231 Cross Creek Drive
Kennedale, TX 76060 -6037
Al and Tana Marks
408 Coker Valley Drive
Kennedale, TX 76060 -6020
Dahl B and Diann Cook
1402 Derby Drive
Kennedale, TX 76060 -6022
April D Syren
1404 Derby Drive
Kennedale, TX 7606 -6022
Patrick M Eller
1406 Derby Drive
Kennedale, TX 76060 -6022
Tony A Hanlon
1405 Wren Ct
Kennedale, TX 76060 -6027
Martin and Donna Tijerina
1403 Wren Ct
Kennedale, TX 76060 -6027
Joseph L Jr Prud'Homme
1401 Wren Ct
Kennedale, TX 76060 -6027
Mary Brock
1402 Wren Ct
Kennedale, TX 76060 -6026
David and Leslie Carruthers
1404 Wren Ct
Kennedale, TX 76060 -6026
Curtis R and Marla E Williamson
1406 Wren Ct
Kennedale, TX 76060 -6026
Salvatore and Dolores Maiure
1408 Wren Ct
Kennedale , TX 76060 -6026
Jose A Escobar
409 Coker Valley Drive
Kennedale, TX 76060 -6021
Keri M and John W Guerin
408 Glenbrook Drive
Kennedale , TX 76060 -6025
James Stratton
406 Glenbrook Drive
Kennedale, TX 76060 -6025
Gerald T and Vanessa S Floyd
404 Glenbrook Drive
Kennedale, TX 76060 -6025
Kenneth R Reeder
225 N Joplin Road
Kennedale, TX 76060 -6823
Cathy Marie Caruthers
PO Box 1457
Kennedale, TX 76060 -1457
Falcon Lakes LTD
C/O Basic Capital Management
1800 Valley View Lane Suite 300
Dallas, TX 75234 -8922
200 Foot Letter Recipient List Contd.
Barbara Anne Everhart
209 N Joplin Road
Kennedale , TX 76060 -6823
Vicki G Lamb and Susan Nichols
201 N Joplin Road
Kennedale, TX 76060 -6823
Gilbert B and Eleanor Smith
1233 Swiney Hiett Road
Kennedale . TX 76060 -6411
Addie L Faulkner
1225 Swiney Hiett Road
Kennedale, TX 76060 -6411
Everett Martin Head
1209 Swiney Hiett Road
Kennedale, TX 76060 -6411
Charles T Blish
1437 Swiney Hiett Road
Kennedale, TX 76060 -6415
Donald E McCrary
1425 Swiney Hiett Road
Kennedale, TX 76060 -6415
J Philip and Janelle Coulson
PO Box 719
Edwards, CO 81632 -0719
Tommy Richard Howard
1309 Swiney Hiett Road
Kennedale, TX 76060 -6413
Douglas V Parker
133 N Joplin Road
Kennedale, TX 76060 -6831
101
Kenny and Catherine Kirby
117 N Joplin Road
Kennedale, TX 76060 -6831
Charles A Johnson Jr
PO Box 170548
Arlington, TX 76003 -0548
Eden Glen Estates LLC
4381 W Green Oaks Blvd Ste 102
Arlington, TX 76016 -4468
Arlington Partners LP
124 One Madison Plaza #1500
Madison , MS 39110 -2021
Jesse D Irwin
1120 Glaze Lane
Kennedale, TX 76060 -6000
Kenneth D and J D Paslay Denton
PO Box 416
Kennedale, TX 76060 -0416
Glenda Faye Collins
220 Collett Sublett Road Unit B
Kennedale, TX 76060 -5846
Sheridan Brewer
PO Box 222
Kennedale, TX 76060 -0222
Clifford W Clapp
206 Collett Sublett Road
Kennedale , TX 76060 -5808
James A and Patric Berry
136 Collett Sublett Road
Kennedale, TX 76060 -5806
200 Foot Letter Recipient List Contd.
BOA CASE # 08 -05
CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 313 of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME: ja _� 3 1,
ADDRESS: !:
zip _�6
PHONE NUMBER:
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR *AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: DATE: AUGUST 5. 2008
r'
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
P-bb NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR NA°GAINST THE SPECIAL EXCEPTIOIN
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BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
2. 1 HEREBY kWISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
M1
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME:
ADDRESS:
ti n
ZIP k; r - C
t4.
PHONE NUMBER: C',
4 `
2. 1 HEREBY ] V SH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT Q -tea ELF %❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNAT
w -- DATE: AUGUST 5 2008r -`
.-
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME:
ILL f
ADDRESS: 1244 E—uvte - PP—.
zip
PHONE NUMBER: z D,-50 ,57
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
v O NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING [FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: ❑ MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNA
DATE: AUGUST 5. 2008
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME: 'A A
ADDRESS: C) 9 vV r-.f, /�i'.. % '
ZIP
PHONE NUMBER.
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
PODO NOT WISH TO ADDRESS THE COMMISSION, BUT I'WOULD LIKE
REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING IFOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: : MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
/' DATE: AUGUST 5, 2008
SIGNATURE'
;4
BOA CASE # 08 -05
CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1 a .
NAME: C' Z7
v
ADDRESS: / R
-_. k ZIP % L�
PHONE NUMBER: V `4 — J, 3 4'
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
XDO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING KFOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENTMYSELF El THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR OUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE:r DATE: AUGUST 5. 2008
r"
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME:° _
ADDRESS: �)
i zip `
PHONE NUMBER:
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
RDO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
AO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR GAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: YSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME: Am
ADDRESS:
• °ZIP _' f
PHONE NUMBER:z
2. 1 HEREBY ❑ WISH TO ADDRESS THE COMMISSION.
DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: MYSELF El THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR ROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: ^ `'d�'`' . DATE: AUGUST 5, 2008
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
PHONE NUMBER:
2. 1 HEREBY OISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT:YSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE:
DATE: AUGUST 5, 2008
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME:
ADDRESS:
zip
PHONE NUMBER:
2. 1 HEREBY &161SH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. [AM REGISTERING ❑ FOR [CGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: "YSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIG
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
1. NAME: al/✓ A G L) 'c
ADDRESS: t 1 ! `j its% R
-zip
PHONE NUMBER:
2. I HEREBY ,'WISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING iFOR ❑ AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT: MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
d
SIGNATURE:, f,`' DATE: AUGUST 5, 2008
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
2. I HEREBY WISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR `AGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT:MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR G OUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: DATE: AUGUST 5, 2008
BOA CASE # 08 -05 CHESAPEAKE SPECIAL EXCEPTION
CITY OF KENNEDALE
PUBLIC HEARING
SIGN -IN FORM
SUBJECT: BOA 08 -05 to receive citizen's comments for a Special Exception to the City
Code Section 17 -426 (c), to allow gas well drilling and production to be located at 205 N
Joplin Road as required by this section. Legal description is Abstract 866 Tract 3B of the
Ben Joplin Survey in the City of Kennedale, Tarrant County, Texas as requested by
Chesapeake Energy Corporation.
11S
ADDRESS: IZ 00 0L't-1 8 ,.- a ok A21 "
ZIP"
PHONE NUMBER: X1-`12
2. 1 HEREBY WISH TO ADDRESS THE COMMISSION.
❑ DO NOT WISH TO ADDRESS THE COMMISSION, BUT I WOULD LIKE
TO REGISTER THE FOLLOWING OPINION.
3. 1 AM REGISTERING ❑ FOR XAGAINST THE SPECIAL EXCEPTIOIN
4. IN REGISTERING, I REPRESENT;,MYSELF ❑ THE FOLLOWING PERSONS, FIRMS,
CORPORATIONS, CLASSES OR GROUPS:
5. THEIR BUSINESS ADDRESS IS:
SIGNATURE: DATE: AUGUST 5, 2008
July 29, 2008
Kalle & Melissa Mais
1258 Elmbrook Drive
Kennedale, TX 76060
Dear Kalle & Melissa Mais:
Norman Herrera
Public Affairs Coordinator
Chesapeake Energy is excited to inform you that we are beginning natural gas
development in your neighborhood. In addition to mineral leases from many of your
neighbors, we have acquired the gas lease for the BOGI site along Swiney Hiett Road.
We have identified an ideal site on this property to begin the production of natural gas.
Chesapeake believes strongly in the growing benefits of natural gas production in the
Barnett Shale. From contributing to the dramatic growth in our nation's natural gas
supply, to boosting Kennedale and Tarrant County's economies with jobs, and tax
revenues, we also provide bonus and royalty checks for thousands of families and
businesses in the community.
As the owner of property located within 600 feet of this proposed well site, we are
contacting you today to gain your support of this important development project. We
are available to explain the project in greater detail and request your written consent in
the form of the attached waiver to locate the well on the property cited above.
Background
Chesapeake's urban drilling professionals have conducted site evaluation and proposed
an ideal location on a vacant lot adjacent to Swiney Hiett Road. The City of Kennedale
requires distance waivers consenting to a reduction in the setback, since the proposed
site is to be located within 600 feet of a residence, religious institution, public building,
hospital building, school or public park.
Chesapeake Energy Corporation
301 Commerce St. #600, Fort Worth, Texas 76102 • 817 - 870 -5656 • norman.herrera @chk.com
Chesapeake Energy Corporation Page 2
If the City approves the permit, Chesapeake will be able to produce minerals under your
neighborhood in full compliance with Texas Railroad Commission standards and
Kennedale City ordinances.
Signing Incentive
To receive the permit and meet our project timeline, Chesapeake is offering a one -time
signing incentive for support of this permit. This payment will be made only to property
owners within the drillsite's 600 feet radius who sign the attached waiver by August 5
2008, and by signing a standard Chesapeake Energy lease, for inclusion into the BOGI
wellsite pooling unit, by August 7, 2008.
The incentive will be paid as follows:
The first payment of $1,000 will be paid upon signing .the attached waiver
consenting to well site location.
• The second payment of $3,050 will be paid contingent upon a high impact permit
approval from the City of Kennedale for the BOGI drillsite, within 45 days of
receiving the permit. The payment will not be due and payable if the City fails to
grant the permit or issues a permit for another drill site which does not require
such waiver.
We are optimistic about enlisting your support today on this important development
project underway in your neighborhood. As the leader of independent natural gas
producers in the United States, Chesapeake shares in the commitment to bring
prosperity to local citizens, your neighborhood, the City of Kennedale.
If you are interested in more information about Chesapeake's drilling operations, we
invite you to visit www.AskChesapeake.com.
Respectfully,
Norman Herrera
Enclosures
l
r
AGENDA
BOARD OF ADJUSTMENT
REGULAR MEETING - AUGUST 5, 2008
KENNEDALE MUNICIPAL BUILDING - 405 MUNICIPAL DR.
COUNCIL CHAMBERS
7:00 PM
CALL TO ORDER ) �� C pl ► , ^ �z .
is
ROLL CALL W jQ
I. VISITORS/CITIZENS FORUM-*
a 0 7- v
CC �s
At this time, any person with business before he 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. (FIC-` �or•�
w c�LCr ( F
IL CONSIDER BOA CASE # 08- 05 �,, G �,
A request for a Special Exception to the City Code Section 17 -426 (c), to allow gas well
drilling and production to be located at 205 N Joplin Road as required by this section. t
Legal description is Abstract 866 Tract 3B of the Ben Joplin Survey in the City of
Kennedale, Tarrant County, Texas as requested by Chesapeake Energy Corporation.
f
a) STAFF PRESENTATION OF CASE
i
b) APPLICANT PRESENTATION OF CASE
c) PUBLIC HEARING ON BOA CASE #08 -05
d) APPLICANT RESPONSE
e) STAFF RESPONSE AND SUMMARY OF CASE
f) ACTION ON CASE
REGULAR ITEMS
a) Approval of Minutes dated July 1, 2008.
IV. STAFF REPORTS
a) Staff Update on City Projects.
V. ADJOURNMENT
CIO
JO
3.
l
oe
3v� �'
Staff Report
To the Members of the Board of Adjustment
Date: August 1, 2008
Agenda Item' No: Il
Subject: BOA Case # 08 -05 -- Special Exception to allow oil and gas well drilling
Originated by: James Cowey, Building Official
Summary:
Chesapeake Energy Corporation has applied for a special exception for the purpose of
drilling four (4) gas wells from one pad site located at 205 N Joplin Road. The actual
access to the well site is located at 1257 Swiney Hiett which is currently a vacant lot. As
per the City's Ordinances, this requires a special exception from the Board of Adjustments
before Chesapeake can receive a gas drilling permit from the City.
Please find enclosed in your packet the application submitted by Chesapeake, along with
supporting .documentation. .
The proposed drill site has nine residential structures that are within the 300 to 600 foot
radius that require waiver letters from the affected property owners. The applicant is still in
the process of obtaining all required letters. The status of these letters will be given at the
meeting.
Chesapeake and Staff have had a series of meetings regarding the proposed well site as
followed:
• July 18 Staff met with Chesapeake and informed them of some areas of concern
with their application
• July 25 Chesapeake hosted a Rig Tour of the current well site at its Hillside
.location in Arlington
• July 28t a field tour of the proposed well site was conducted
July 29 Chesapeake presented a draft presentation for BOA
• July 29 Chesapeake conducted a meeting with affected home owners
• August 5 -7 Fire Safety Training has been scheduled with the Fire Department
The purpose of these meetings was to address Staff's concerns which include:
• Emergency Access
• Sound Blankets
• Truck Route
• Remaining Six Waivers
• Landscaping and Screening around Pad Site
• Tree Replacement Plate
• Emergency Equipment Needs
• Drilling Schedule Timeline
• Update the Surface Owner Map and List
Please see attached for a detailed explanation from Chesapeake of how these concerns
will be met.
Concerning the tree replacement plan Chesapeake has agreed to work with Staff and
replace 81 trees. Chesapeake will replace fourteen trees around the pad location and the
remaining trees will be placed at City Parks and /or City Schools.
The Fire Marshal has reviewed Chesapeake's plans and feels confident that the safety
concerns will be met.
Recommendation:
Staff has no issues with approving this application for Special Exception with the
stipulation that the City receives the necessary waiver letters from the affect property
owners.
Disposition by Commission:
CITY OF KENNEDALE
BOARD OF ADJUSTMENT
APPLICATION FOR SPECIAL EXCEPTION
Applicant:
Name Chesapeake Operating, Inc.
Work Phone 405 - 848 -8000 Home
Mailing Address P. O. Box 18496 Oklahoma City, OK 73154 -0496
Owner:
Name Bowerman Oil & Gas, Inc.
Work Phone 817 - 336 -3300 Home
Mailing Address 6300 Ridglea Place Ste. 920
Property Location n/a
(Number and Street)
Legal Description Ben Joplin Survey A -866 Tract 3B
(Lot, Block & Subdivision)
Note: Attach metes and bounds description if property is not platted.
Zoning District Single Fami
Has a previous application or appeal been filed on this property? Yes No
Date: 6/19/2008
Identify any requirements of Section 17 -422, Kennedale City Code that cannot be met. Give reason (s) why the regL
cannot be met. Use back of this form if additional space is needed.
I de lace that the above is true and correct.
Sig ture of Applicant Date
FOR STAFF USE ONLY
Indicate any poten " 'ud us affect on the public health, safety, or welfare.
Indicate if the uses, values or enjoyment of other property in the neighborhood would be impaired or diminished by
the proposed use
Will the proposed use: impede normal and orderly development? include adequate utilities, access roa
other necessary site improvements? provide ingress or egress so as to minimize traffic congestion
conform to all applicable area, yard, height, lot coverage, building size and exterior requirements an
regulations of the district in which it is located?
Comments
Recommendation Approval Disapproval If disapproval give reason:
( Zonina Official) (City Administrator)
Gas Well
Drilling
Describe Special Exception requested: Permit