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2010_07.13 BOA Minutes_DRAFTDRAFT 231 MINUTES BOARD OF ADJUSTMENT REGULAR MEETING – JULY 13, 2010 KENNEDALE MUNICIPAL BUILDING – 405 MUNICIPAL DR. COUNCIL CHAMBERS 7:00 PM CALL TO ORDER Chairman Adams called the meeting to order at 7:02 P.M. ROLL CALL Ms. Roberts called roll. Board of Adjustment members present: Rick Adams (Chair); Linda Elam (Vice-Chair); Cheryl Abbott, Brian Cassady, Patrick Vader; alternates Darrell Dixon, Jeff Madrid, and Jeremy Redding. Staff members present: James Cowey (Director of Development Services); Rachel Roberts (Planner and Board Secretary) Members absent: alternate Richard West. I. VISITORS/CITIZENS FORUM No one registered to speak. II. CONSIDER BOA CASE # 10-06 BOA 10-05 to consider and receive comments on 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 4068 New Hope Rd, more particularly described as Tr3 A 1448, Joel Snider Survey, in the City of Kennedale, Tarrant County, Texas. The Special Exception is requested by XTO Energy Inc. a) STAFF PRESENTATION OF CASE Ms. Roberts gave the staff presentation. b) APPLICANT PRESENTATION OF CASE Mr. Walter Dueease presented the case on behalf of XTO Energy, Inc. and responded to questions from the Board. c) PUBLIC HEARING ON BOA CASE #10-06 No one signed up to speak during the public hearing. d) APPLICANT RESPONSE DRAFT 232 No response was needed. e) STAFF RESPONSE AND SUMMARY OF CASE Ms. Roberts said that staff had no objection to the Board changing the air sampling requirements to leave out the specific requirements and let staff let the standards, as he had described earlier. She said that for the fencing, staff didn’t mind XTO not putting up a permanent fence now, but that the city ordinance allows for a temporary fence during initial drilling and completion, and the staff understanding was that a permanent fence would be installed after that initial drilling and completion. Mr. Cassady said he would be open to giving XTO a year to install the permanent fencing. f) ACTION ON CASE Mr. Vader made a motion to grant the special exception with the conditions as listed in the staff report, with amendments, and with an additional condition concerning permanent fencing. Mr. Cassady seconded the motion. Ms. Abbott asked if the conditions were going to include anything about truck route signs and maps, and Mr. Vader amended his motion to include those conditions. The conditions as amended are as follows: (1) Operator shall install a concrete drive approach at the entrance on New Hope Road. Operator shall install a wrought iron gate at same entrance and a temporary chain link fence with locking gates around the pad site, to be installed immediately. (2) Operator shall submit to the city a signed statement acknowledging that existing vegetation may be used to meet landscaping requirements, but that the operator will be required to screen and landscape the pad site to city standards if the lease property is cleared of vegetation and the pad site becomes visible from a public road. (3) The truck route for this site shall be negotiated by the operator and city staff, with city staff having final approval of the route. (4) If the truck route is changed from the route currently used by the operator, then the operator shall install a sign on site addressing truck routes and shall install truck route signs along the required routes. Operator shall coordinate sign design and installation with city staff. Operator will also Operator will ensure that trucks going to and from the site carry a truck route map. (5) Operator shall reimburse the city for conducting air sampling and reporting to be conducted by a third party consultant using the TO-14a method, or the TO-15 method, or other method, as determined by city staff, and conducted for at least a 24-hour period at each testing phase. Sampling shall be conducted at least once during each of the following times: prior to drilling; during drilling; at completion; 10 days after drilling is complete; and 30 days after the well is operational, or as determined by city staff. City staff may require different sampling methods, as adopted by the Texas Commission on Environmental Quality or the Environmental Protection Agency, as new technology or information becomes available and staff may also require testing for Tentatively Identified Compounds. DRAFT 233 (6) The special exception shall expire one (1) year from the date it is granted. A new special exception shall not be required to maintain existing wells permitted under the special exception, but any wells not drilled by the date of expiration will require a new special exception. (7) Where the Operator and the city disagree about the meaning, intent, implementation, or enforcement of these conditions, city staff shall have the discretion and authority to determine any questions about the meaning, intent, implementation, or enforcement of these conditions. (8) Permanent fencing to city standards shall be installed within twelve (12) months after granting the special exception. Mr. Cassady seconded the amended motion. The motion passed with all members voting in favor. III. REGULAR ITEMS a) Minutes from the June 2010 Board of Adjustment meeting Ms. Roberts had one correction to make to the minutes and gave a corrected copy to the Board. Ms. Abbott made a motion to approve the revised minutes, and Ms. Elam seconded the motion. The motion passed with all in favor. IV. STAFF REPORTS a) Update on City Projects Ms. Roberts stated that Arlington had decided to move forward on the Bowman Springs Road project. Mr. Cowey said that the bid for Sublett had been awarded, and he answered questions from the Board about the Little School Road project. Mr. Vader asked about the house that had burned at the intersection of Sublett and Little School Road, and staff and other Board members said it had been demolished. V. ADJOURNMENT There being no further business before the Board of Adjustment, Ms. Elam motioned to adjourn the meeting, and Mr. Vader seconded her motion. All members voted in favor, and the meeting adjourned. _____________________________ Rick Adams, Chairman Board of Adjustment ATTEST: __________________________ Rachel Roberts Planner