HomeMy WebLinkAbout2005-02-15 PLANNING AND ZONING
February 15 2005
MINUTES
The regular meeting of the Planning and Zoning Commission was called to order by
Chairman Richard McNeese at 6:30 p.m. for consideration of scheduled items in the
Council Chambers in City Hall of the Municipal Complex. Chairman Richard McNeese
stated there was a quorum of members of the Planning and Zoning Commission
present.
MEMBERS AND STAFF PRESENT: MEMBERS ABSENT:
Chairman Richard McNeese
Vice Chairman Mike Grove
George Zahn
Monty Huffman
LuAnn Portugal
Perry Bynum
Tony May
Mike Collins, Director of Planning and Development
Kurt Kasson, Building Official
Ron Young, Director of Public Works
Robert Barker, City Engineer
Paul Smith, Fire Marshal
Karla Dickerson, Administrative Secretary
VISITORS: Steve Symonds, Troy Fuller and others not listed on the register.
THE PLEDGE OF ALLEGIANCE AND INVOCATION: The Pledge of Allegiance was
given by Chairman McNeese and Invocation was given by Commissioner Portugal.
ITEM 1 APPROVAL OF MINUTES for called meeting of February 1,
2005
Commissioner Bynum made a motion to approve minutes for called meeting of
February 1, 2005. Commissioner Huffman seconded the motion. The vote was as
follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
Planning and Zoning Commission Minutes Page 2
February 15, 2005
ITEM 2 CASE #05-01-PD — HOLD PUBLIC HEARING REGARDING A
PLANNED DEVELOPMENT AND CONSIDER A
RECOMMENDATION REGARDING AN ORDINANCE
Receive public input regarding a request for a Planned
Development of James P. Hallford Survey, A-711, portion of Tract
3E, 403 Himes Dr from PD 1434 (Planned Development 1434)
based on C-1 with prohibited uses zoning to PD (Planned
Development) based on R-1 zoning and consider a
recommendation regarding an Ordinance. This property is located
at 403 Himes Dr.
Chairman McNeese opened the public hearing.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
The applicant, Steve Symonds, is requesting a zone change for a 15,177 square foot
portion of a 1.68 acre tract from a Planned Development (PD 1434), to a PD based on
R-1 (Single family limited dwelling district). Mr. Symonds is requesting this PD in order
to seek an exception to the minimum dwelling unit size requirement that would allow
him to develop a 1,500 square foot living area structure. PD 1434 was approved in
June 2000 and is based on C-1 (neighborhood business district) with specific
acceptable business types and development standards. The property is located on the
west side o f H imes D rive, the site of the o Id H imes cabin before i t was relocated t o
Heritage Park.
Chairman McNeese asked for the application to come forward for comments.
Steve Symonds, 705 Glade, Euless, Texas 76039, stated he would be complying with
all the requirements the city requires for residential use.
Chairman McNeese asked for any proponents to come forward for comments.
Troy Fuller, 1600 Lagoona, Ft. Worth, TX, stated the property was owned by the
Smelson family and were not able to attend the meeting due to a funeral but asked for
him to represent them. He stated this would be an improvement to the property and
most of the homes in the adjacent area are less square footage than what is being
proposed and would add to the area. The only opposition normally expressed during
zone change requests by neighbors deals with traffic and loss of value to property. Mr.
Fuller stated there should be no additional traffic generated from his business at that
location due to most traffic coming from the service road and not through the
neighborhoods. Mr. Fuller also stated this would help bring the property values up in
this location.
Chairman McNeese asked for any opponents to come forward for comments. Seeing
none the public hearing was closed.
Planning and Zoning Commission Minutes Page 3
February 15, 2005
Commissioner Zahn stated he agreed with this use and would be good for the property.
Vice Chairman Grove made a motion to approve Case #05-01-PD. Commissioner May
seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
ITEM 3 CASE #04-04-UDC — HOLD PUBLIC HEARING REGARDING A
UNIFIED DEVELOPMENT CODE AND CONSIDER A
RECOMMENDATION FOR AN ORDINANCE
Receive public input and consider a recommendation regarding a
request by City of Euless for a change to Code of Ordinances
Chapter 84 "Unified Development Code" in order to add Section
185 "Oil & Gas Drilling".
Chairman McNeese opened the public hearing.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
Mr. Collins read the executive summary provided in the commissioners packet into the
record as follows:
GAS DRILLING ORDINANCE — EXECUTIVE SUMMARY
GAS WELL PERMIT - Required for all gas production on private property; Considered
as a Specific Use Permit. — Publish in newspaper at owner's expense notification for ten
(10) consecutive days; Issued to the Operator identified on the appropriate Texas
Railroad Commission Drilling Permit form.
FINAL APPROVAL BY CITY COUNCIL - Establishes specific conditions for the City
Council to grant a Gas Well Permit with the compelling issue being "whether the
operations proposed are reasonable under the circumstances and conditions prevailing
in the area".
CITY MANAGER - DESIGNEE (Gas Drilling Inspection) —The City Manager may
designate an official, enter into a contract for professional services, or enter into an
Interlocal Agreement with a governmental entity, in order to enforce the Ordinance, who
shall be known as the Inspection Services Provider(s).
Planning and Zoning Commission Minutes Page 4
February 15, 2005
HOLD HARMLESS - The city will be fully indemnified and held harmless.
ESTABLISH PERMIT TYPE — New or Rework
specific conditions for the either the termination or
extension of the permit.
GAS WELL APPLICATION FEE - $1,500
TECHNICAL ADVISORS - Establishes that the city may hire at applicants expense -
not to exceed $5,000.
INFORMATION CONTAINED IN PERMIT — Site Plan that shows all improvements and
structures within six hundred feet each well; and, Proximity to other physical structures,
creeks and topographic features.
OTHER REQUIREMENTS - Establishes screening, landscaping, and site maintenance
requirements.
ROAD REPAIR CONTRACT - Operator Financially responsible for reimbursing the city
for any repairs resulting from any damage to city roads caused by any vehicles or
equipment related to the drilling and production activities.
DOCUMENTATION PROVIDED - Provide city with copies of the Environmental
Protection Agency (E.P.A.) required Storm Water Pollution Prevention Plan and the
Texas Commission on Environmental Quality (T.C.E.Q.) Ground Water Information, and
Texas Railroad Commission Gas Well Permit .
STAFF APPLICATION REVIEW PROCESS — Completed before application is
submitted for a Public Hearing and City Council consideration.
MINIMUM DISTANCE REQUIREMENTS — Establishes that the center of the drill site,
which is the location of the drilling rig and where the wellhead will be placed, must be a
minimum distance of six hundred feet (600') from any public park (unless prior consent
is obtained from the City Council to drill in a public park) or from any residence, church,
public building, hospital, or public or private school or building used, or designed and
intended to be used, for human occupancy; or developed commercial property.
NOTIFICATION REQUIREMENTS — Occupied residences within 600 feet of drilling
related activities; Applicant pays for letters to each property owner within 600 feet of the
proposed well, on-site signage, and newspaper notification; and, If fracture stimulation
operations performed on a well within six hundred (600) feet of an occupied residence—
post sign at well site at least 72 hours before operations are commenced.
PERMIT SUSPENSION OR REVOCATION - Establishes specific conditions
Planning and Zoning Commission Minutes Page 5
February 15, 2005
SECURITY INSTRUMENT REQUIRED —A bond or an irrevocable letter of credit; and,
Stays in force six months after the expiration of the Gas Well Permit Term or until the
well is plugged and abandoned and the site is restored, equalling $50,000 until
completion and $10,000 during production phase.
VARIOUS INSURANCE COVERAGE — Standard Commercial General Liability. Excess
or Umbrella, and Environmental Pollution Liability Coverage.
TEXAS RAILROAD COMMISSION RULES AND REGULATIONS - All drilling activities
are performed in accordance with state law
TIME OF ACTIVITY - Establishes the time of day and hours of drilling and related
activities.
VARY SETBACK REQUIREMENTS - Establishes the authority of the City Council to
change the well set back requirements.
NON-ASSIGNABLE LEASE - The Gas Drilling Ordinance would apply to drilling activity
on public lands and would establish that the lease is not assignable .
COMPETITIVE BID FOR DRILLING OPERATIONS - This ordinance does not deal with
financial issues relating to solicitation of competitive bids for asset management, drilling,
production and operators, production monitoring, calculation of proper royalty payments,
and other related issues.
Chairman McNeese asked for any proponents/opponents to come forward for
comments. Seeing none the public hearing was closed.
Commissioner May stated he appreciated the explanations that were given on how this
ordinance will work for the city and the citizens. Commissioner May did want to know if
the 600 foot radius would be enough distance if there were a potential blast at the well.
Paul Smith, Fire Marshal, discussed situations on evacuation zones and how they are
dealt with for this type of operation.
Commissioner Bynum asked if this ordinance regulates what type or size of drilling
operators would be allowed to drill on private property. Mike Collins stated this
ordinance requires certain bonding and security instruments that just an average drilling
operation would not be able to obtain.
Vice Chairman Grove stated it looks like it covers everything he could possibly conceive
and will not really know until the city actually comes into a situation with this type of
business but feels good with what it is at this time.
Commissioner Portugal asked how the city would regulate extractions and underground
lines. Mike Collins stated it would be through the site plan process that is submitted to
the city for approval.
Planning and Zoning Commission Minutes Page 6
February 15, 2005
Commissioner Huffman asked if there was any revenue generated from this type of
development. Mike Collins stated it would be done through the appraisal district
through the mineral rights.
Commissioner Zahn stated that o it and gas property he was familiar with has an ad
valorem tax attached to the operating statements each month. Each lease will have an
appraised value for the resources in the ground and those appraised values are taxed
just like the value of your house. Commissioner Zahn stated he felt the city would
benefit from this and should be a living document.
Commissioner Zahn made a motion to approve case #04-04-UDC. Commissioner
Portugal seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
ITEM 4 CASE #04-06-UDC — HOLD PUBLIC HEARING REGARDING A
UNIFIED DEVELOPMENT CODE AND CONSIDER A
RECOMMENDATION FOR AN ORDINANCE
Receive public input and consider a recommendation regarding a
request by City of Euless for a change to Code of Ordinances
Chapter 84 "Unified Development Code" in order to amend Article
VI "Signs and Street Graphics Regulations".
Chairman McNeese opened the public hearing.
Mike Collins, Director of Planning and Development, gave a brief overview of the case.
The Planning and Zoning Commission on November 16 and City Council on November
23, 2004 adopted new sign regulations. The adopted ordinance was approved with a
specific amendment establishing that banners will only be approved for use as part of a
Special Event Permit. Staff is proposing three specific definitions to be added to the
sign ordinance that was previously adopted to establish clear definitions that will be
easily understood and that will enable the uniform and consistent application of the
provisions of the ordinance.
Chairman McNeese asked for any proponents/opponents to come forward for
comments. Seeing none the public hearing was closed.
Planning and Zoning Commission Minutes Page 7
February 15, 2005
Vice Chairman Grove asked for clarification if a business owner did not have the
permanent ancillary sign up yet would it be possible for them to obtain a banner permit
through the Special Event Permit regulations. Mike Collins stated there has never been
an occasion where this has happened but it would be regulated by staff so this would
not occur.
Commissioner Huffman made a motion to approve case #04-06-UDC. Commissioner
May seconded the motion. The vote was as follows:
Ayes: Chairman McNeese, Vice Chairman Grove, Commissioners Zahn, Huffman,
Portugal, Bynum and May
Nays: N one
Abstention: None
The motion carried (7-0-0).
ITEM 5 REPORTS
There were no reports.
ITEM 6 DIRECTOR'S REPORT
Mike Collins, Director of Planning and Development, stated there should be several
cases coming forward to the commission at the next regularly scheduled meeting on
March 1st.
There being no further business the meeting was adjourned at 7:13 p.m.
yCh irman McNeese Date