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2010-11-04 P&Z Meeting CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: NOVEMBER 4, 2010 LOCATION: 1400 Main Street, Southlake, Texas Work Session - Executive Conference Room, Suite 268 of City Hall Or City Council Chambers of City Hall Regular Session - City Council Chambers of City Hall WORK SESSION: 5:30 P.M. 1. Discussion of meeting management. 2. Discussion of all items on tonight's meeting agenda. REGULAR SESSION: 6:30 P.M. or immediately following the work session. 1. Call to Order. 2. A. Executive Session: Pursuant to the Open Meetings Act, Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). Refer to posted list attached hereto and incorporated herein. Executive Session may be held, under these exceptions, at the end of the Regular Session or at any time during the meeting that a need arises for the Planning and Zoning Commission to seek advice from the City Attorney as to the posted subject matter of this Planning and Zoning Commission meeting. 1. Section 551.071: Consultation with attorney a. Seek advice of the city attorney regarding gas well drilling and production activities and proposals. b. Seek advice of the city attorney regarding items listed on this agenda. 2. Section 418.106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline location issues a. Seek advice of the city attorney regarding emergency management plans regarding pipeline location issues. B. Reconvene: Action necessary on items discussed in Executive Session. 3. Approval of the minutes for the Joint City Council and Planning and Zoning Commission work session held on October 5, 2010. 4. Approval of the minutes for the Joint City Council and Planning and Zoning Commission work session held on October 12, 2010. 5. Approval of the minutes for the Planning and Zoning Commission meeting held on October 21, 2010. 6. Administrative Comments. PLANNING AND ZONING COMMISSION AGENDA November 4, 2010 PAGE 2 REGULAR AGENDA: 7. Consider: GAS10 -004, Specific Use Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East Highland Street, Southlake, TX on property being described as a portion of Lots 1 R1 & 2, Block A, Milner Addition, Southlake, Tarrant County, Texas. The Current Zoning is "AG" Agricultural District. SPIN Neighborhood # 7. PUBLIC HEARING 8. Consider: ZA10 -046, Revised Concept Plan for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 Southlake, Tarrant County, Texas and being located at 703, 722, 730 & 750 South Kimball Avenue, Southlake, Texas. The Current Zoning is "SF -20A" Single Family Residential District. SPIN Neighborhood # 8. The applicant has requested to table this item to the November 18, 2010 meeting. 9. Consider: ZA10 -047, Preliminary Plat for Kimball Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 Southlake, Tarrant County, Texas and being located at 703, 722, 730 & 750 South Kimball Avenue, Southlake, Texas. The Current Zoning is "SF -20A" Single Family Residential District. SPIN Neighborhood # 8. The applicant has requested to table this item to the November 18, 2010 meeting. 10. Consider: ZA10 -061, Specific Use Permit for a Mass Gathering for the Green Day Event on property being described as Block 8 and Block 7, Southlake Town Square Addition, Southlake, Tarrant County, Texas and being located at Rustin Park - 1400 Fountain Place and 1400 East Southlake Boulevard, Southlake, Texas. The Current Zoning is "DT" Downtown District. SPIN Neighborhood # 8. PUBLIC HEARING 11. Consider: ZA10 -062, Site Plan for a Fence along Southlake Boulevard for White's Chapel United Methodist Church on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition, Southlake, Tarrant County, Texas and being located at 185 South White Chapel Boulevard, Southlake, Texas. The Current Zoning is "S -P -1" Detailed Site Plan District. The Requested Zoning is "S -P -1" Detailed Site Plan District. SPIN Neighborhood # 9. PUBLIC HEARING 12. Consider: Ordinance 480 -BBBB, An Amendment to the Comprehensive Zoning Ordinance No. 480, as Amended, as it Pertains to Termination or Amortization of Nonconforming Uses. PUBLIC HEARING 13. Consider: MEETING ADJOURNMENT PLANNING AND ZONING COMMISSION AGENDA November 4, 2010 PAGE 3 CERTIFICATE I hereby certify that the above agenda was posted on the official bulletin boards at Town Hall, 1400 Main Street, Southlake, Texas, on Friday, October 29, 2010, by 6:00 p.m., pursuant to the Texas Government Code, Chapter 551... �BTQ@ Y a (4).„-r i a 0� i i 't‘. , ',' Lori Payne, TRM�� w ; ' s City Secretary o a ''? � ` � ' If you plan to attend this public m w• ." Y p p cuin �rnd�ve �.:�isability that requires special needs, please advise the City Secretary 48 hours in advance of €1p.7 1 $it, and reasonable accommodations will be made to assist you. PLANNING AND ZONING COMMISSION AGENDA November 4, 2010 PAGE 4 EXECUTIVE SESSION Section 551.071: Consultation with attorney: The Planning and Zoning Commission may conduct a private consultation with its attorney when the Planning and Zoning Commission seeks the advice of its attorney concerning any item on this agenda or on a matter in which the duty of the attorney to the Planning and Zoning Commission under the Texas Disciplinary Rules of Professional Conduct of the State Board of Texas clearly conflicts with Chapter 551. Section 418- 106(d) & (e): Local meetings to discuss emergency management plans regarding pipeline location issues: The Planning and Zoning Commission may discuss emergency management plans involving pipeline safety and /or security of pipeline infrastructures or facilities when those plans or discussions contain such sensitive information. CITY OF SOUTH LAKE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 4, 2010 2 3 LOCATION: 1400 Main Street, Southlake, Texas 4 Work Session - Executive Conference Room, Suite 268 of City Hall 5 or City Council Chambers of City Hall 6 Regular Session - City Council Chambers of City Hall 7 8 COMMISSIONERS PRESENT: Chairman Darrell Faglie, Vice Chairman Robert Hudson and 9 Commissioners Michael Springer, Joe Lancor, Brigham McCown, James Hamel and Shahid Shafi. 10 11 COMMISSIONERS ABSENT: None 12 13 STAFF PRESENT: Ken Baker, Director of Planning & Development Services; Lorrie Fletcher, 14 Planner I; Daniel Cortez, Planer I; Cheryl Taylor, Civil Engineer; Michelle McCullough, Civil 15 Engineer; and Stephanie Breitbarth, Commission Secretary. 16 17 WORK SESSION: 18 19 Item No. 1 — Discussion of Meeting Management: Commissioner's discussed meeting 20 management options. 21 22 Item No. 2 — Discussion of all Items of Tonight's Meeting Agenda: No action was taken during the 23 Work Session and each item was considered during the Regular Session. 24 25 REGULAR SESSION: 26 27 Agenda Item No. 1 — CaII to Order: Chairman Faglie called the regular meeting to order at 6:33:48 28 p.m. 29 30 Agenda Item No. 3 - Approval of Minutes: Chairman Faglie opened discussion of the minutes of 31 the Joint City Council and Planning and Zoning Commission work session held on October 5, 2010. 32 33 Made a motion to approve the minutes of the Joint City Council and Planning and Zoning 34 Commission work session held on October 5, 2010. 35 36 Motion: Hudson 37 Second: Lancor 38 Ayes: Shafi, McCown, Hudson, Lancor, Springer, Faglie 39 Nays: None 40 Abstain: Hamel 41 Approved: 6 - 0 - 1 42 Motion: Approved 43 44 Agenda Item No. 4 - Approval of Minutes: Chairman Faglie opened discussion of the minutes of 4.5 the Joint City Council and Planning and Zoning Commission work session held on October 12, 2010. 46 47 Made a motion to approve the minutes of the Joint City Council and Planning and Zoning 48 Commission work session held on October 12, 2010 49 50 Motion: Hudson Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 1 of 12 51 Second: Lancor 52 Ayes: Shafi, McCown, Hudson, Lancor, Springer, Faglie 53 Nays: None 54 Abstain: Hamel 55 Approved: 6-0-1 56 Motion: Approved 57 58 Agenda Item No. 5 - Approval of Minutes: Chairman Faglie opened discussion of the minutes of 59 the Regular Planning and Zoning Commission meeting held on October 21, 2010. 60 61 Made a motion to approve the minutes of the Regular Planning and Zoning Commission meeting 62 held on October 21, 2010 noting that there is a typo in line 55 where it reads Approved: 5 -0 -1 to be 63 corrected to read Approved: 6 -0. 64 65 Motion: Hudson 66 Second: Lancor 67 Ayes: Shafi, McCown, Hudson, Lancor, Springer, Faglie 68 Nays: None 69 Abstain: Hamel 70 Approved: 6-0-1 71 Motion: Approved 72 73 Chairman Faglie moved items 8, 9, 10, 11 and 12 up on the agenda. 74 75 Agenda Item No. 8 - ZA10 -046, Revised Concept Plan for Kimball Circle Estates: On property 76 being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 Southlake, 77 Tarrant County, Texas and being located at 703, 722, 730 & 750 South Kimball Avenue, Southlake, 78 Texas. The Current Zoning is "SF -20A" Single Family Residential District. SPIN Neighborhood # 8. 79 The Owner is Kimball Circle Estates, LLC. The Applicant is JDJR Engineers & Consultants, Inc. 80 81 The applicant has requested to table this item to the November 18, 2010 meeting. 82 83 Agenda Item No. 9 - ZA10 -047, Preliminary Plat for Kimball Circle Estates: On property being 84 described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 Southlake, Tarrant 85 County, Texas and being located at 703, 722, 730 & 750 South Kimball Avenue, Southlake, Texas. 86 The Current Zoning is "SF -20A" Single Family Residential District. SPIN Neighborhood # 8. The 87 Owner is Kimball Circle Estates, LLC. The Applicant is JDJR Engineers & Consultants, Inc. 88 89 The applicant has requested to table this item to the November 18, 2010 meeting. 90 91 Made a motion to table ZA10 -046, Revised Concept Plan for Kimball Circle Estates and ZA100 -047, 92 Preliminary Plat for Kimball Circle Estates, to the November 18, 2010 Planning and Zoning 93 Commission meeting at the applicant's request. 94 95 Motion: Hudson 96 Second: Lancor 97 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 98 Nays: None 99 Abstain: None 100 Approved: 7-0 101 Motion: Approved Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 2 of 12 102 103 Agenda Item No. 10 - ZA10 - 061, Specific Use Permit for a Mass Gathering for the Green Dav 104 Event: Daniel Cortez, Planner I, presented this item to the Commission fora Specific Use Permit for 105 a Mass Gathering for the Green Day Event on property being described as Block 8 and Block 7, 106 Southlake Town Square Addition, Southlake, Tarrant County, Texas and being located at Rustin 107 Park - 1400 Fountain Place and 1400 East Southlake Boulevard, Southlake, Texas. The Current 108 Zoning is "DT" Downtown District. SPIN Neighborhood # 8. The Owner is the City of Southlake. The 109 Applicant is GreenFellows Inc. 110 111 Audra Lewendowski, 405 Indian Paintbrush Way, Southlake, TX; was present and spoke on this 112 item and was available to responded to questions from the Commission. 113 114 Chairman Faglie opened the public hearing. 115 116 No one further from the audience came forward to speak. 117 118 Chairman Faglie closed the public hearing and called for further discussion. No further discussion 119 took place. 120 121 Made a motion to approve ZA10 -061, Specific Use Permit for a Mass Gathering for the Green Day 122 Event granting the permit for a period of three (3) years unless the scope of the event changes, 123 noting that no signs for the event are to be placed in the public right -of -way and subject to Staff's 124 Report dated October 29, 2010 125 126 Motion: Hudson 127 Second: Lancor 128 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 129 Nays: None 130 Abstain: None 131 Approved: - 132 Motion: Approved 133 134 Agenda Item No. 6 — Administrative Comments: Ken Baker, Director of Planning & Development 135 Services, announced that there is overflow seating available in the balcony and in the training rooms 136 on the 3rd floor with streaming video. Mr. Baker further noted there will be a Southlake 2030 137 Economic Development and Tourism and Land Use Plan joint committee meeting on November 8, 138 2010 at 5:00 p.m. at Town Hall in Training Rooms 3 C and D. 139 140 Agenda Item No. 11 - ZA10 - 062, Site Plan for a Fence along Southlake Boulevard for White's 141 Chapel United Methodist Church: Daniel Cortez, Planner I, presented this item to the Commission 142 for a Site Plan for a Fence along Southlake Boulevard for White's Chapel United Methodist Church 143 on property being described as Lot 1R, Block 1, White Chapel Methodist Church Addition, 144 Southlake, Tarrant County, Texas and being located at 185 South White Chapel Boulevard, 145 Southlake, Texas. The Current Zoning is "S -P -1" Detailed Site Plan District. The Requested Zoning 146 is "S -P -1" Detailed Site Plan District. SPIN Neighborhood # 9. The Owner /Applicant is White's 147 Chapel United Methodist Church. 148 149 Terry Wilkinson, 185 South White Chapel Boulevard, Southlake, TX; was present and spoke on this 150 item and was available to responded to questions from the Commission. 151 152 Chairman Faglie opened the public hearing. Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 3 of 12 153 154 Chairman Faglie read public comment cards into the record. 155 156 William LaFavor, 620 South White Chapel Boulevard, Southlake, TX; submitted a Public Comment 157 card stating they did not wish to speak but wanted to record their support. 158 159 Don Wills, 307 Foxborough Lane, Dallas, TX; submitted a Public Comment card stating they did not 160 wish to speak but wanted to record their support. 161 162 No one further from the audience came forward to speak. 163 164 Chairman Faglie closed the public hearing and called for further discussion. No further discussion 165 took place. 166 167 Made a motion to approve ZA10 - 062, Site Plan for a Fence along Southlake Boulevard for White's 168 Chapel United Methodist Church granting the variance to the Overly Zones Section 43.9.c.1.f of 169 Zoning Ordinance 480 allowing for the fence to be unarticulated and on the property line and subject 170 to Staff's Report dated October 29, 2010. 171 172 Motion: Hudson 173 Second: Lancor 174 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 175 Nays: None 176 Abstain: None 177 Approved: -0 178 Motion: Approved 179 180 Agenda Item No. 12 - Ordinance 480 -BBBB, An Amendment to the Comprehensive Zoning 181 Ordinance No. 480, as Amended, as it Pertains to Termination or Amortization of 182 Nonconforming Uses: No presentation was made on this item. 183 184 Chairman Faglie opened the public hearing. 185 186 No one further from the audience came forward to speak. 187 188 Chairman Faglie closed the public hearing and called for further discussion. Commissioners 189 discussed the language pertaining to Section 6 - 10 (b) 3. 190 191 Made a motion to approve Ordinance 480 -BBBB, An Amendment to the Comprehensive Zoning 192 Ordinance No. 480, as Amended, as it Pertains to Termination or Amortization of Nonconforming 193 Uses, noting that the language in section 6 -10 (b) 3 be changed to state "should be equal to or 194 greater than 50 percent" and subject to Staff's Report dated October 29, 2010. 195 196 Motion: Hudson 197 Second: Lancor 198 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 199 Nays: None 200 Abstain: None 201 Approved: 7 - 0 202 Motion: Approved 203 Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 4 of 12 204 Chairman Faglie called for an Executive Session at 7:07:14 p.m. pursuant to the Open Meetings 205 Act, Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 206 207 Chairman Faglie reconvened from Executive Session at 8:13:59 p.m.; no action was necessary. 208 209 Agenda Item No. 7 - GAS10 -004, Specific Use Permit for Gas and Oil Well Drilling and 210 Production: Lorrie Fletcher, Planner I, presented this item to the Commission for a Specific Use 211 Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East 212 Highland Street, Southlake, TX on property being described as a portion of Lots 1R1 & 2, Block A, 213 Milner Addition, Southlake, Tarrant County, Texas. The Current Zoning is "AG" Agricultural District. 214 SPIN Neighborhood # 7. The Owner is JGJ Enterprises Inc. The Applicant is XTO Energy Inc. 215 216 Walter Dueease, XTO, 810 Houston Street, Fort Worth, TX; was present and made a presentation 217 to and was available for questions from the Commission. 218 219 Rick Smith, Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Antonio, TX; was 220 present and spoke on this item and was available to respond to questions from the Commission. 221 222 Chairman Faglie opened the public hearing. 223 224 Chairman Faglie read public comment cards into the record. 225 226 Ann Making, 802 Cross Lane, Southlake, TX; Submitted a Public Comment card stating they did not 227 wish to speak but wanted to record their support. 228 229 Paul Spain, 2200 Estes Park Drive, Southlake, TX; Submitted a Public Comment card stating they 230 did not wish to speak but wanted to record their support. 231 232 Brian Williams, 2535 North White Chapel Boulevard, Southlake, TX; Submitted a Public Comment 233 card stating they did not wish to speak but wanted to record their support. 234 235 Darla William, 2535 North White Chapel Boulevard, Southlake, TX; Submitted a Public Comment 236 card stating they did not wish to speak but wanted to record their support. 237 238 Dennis Waters, 475 and 675 Bentwood Lane, Southlake, TX; Submitted a Public Comment card 239 stating they did not wish to speak but wanted to record their support. 240 241 Bobby and Lisa Rawls, 165 East Dove Road, Southlake, TX; Submitted a Public Comment card 242 stating they did not wish to speak but wanted to record their support further stating "l and 20 other 243 residents on E. Dove Rd. signed the "Bobby Rawls Dove Rd Lease ". I am collecting signed 244 documents in support of agenda item 7. We believe we have the right to get our minerals off our 245 land" 246 247 Mike and Doris LaFavers, 303 East Highland Street, Southlake, TX; Submitted a Public Comment 248 card stating they did not wish to speak but wanted to record their supportfurther stating "We signed 249 our lease for oil 7 gas with the knowledge that the Milner Ranch would probably have well sites. The 250 Milner's have always kept a very beautiful and well maintained property and we believe that the gas 251 wells will no cause issues and will be maintained in a very positive and well kept manner. We are in 252 favor of the gas wells being drilled on the Milner Ranch." 253 254 Percy Edwards, 1001 Wild Wood Lane, Southlake, TX; Submitted a Public Comment card stating Planning and Zoning Commission Meeting Minutes - November 4, 2010 Page 5 of 12 255 they did not wish to speak but wanted to record their support. 256 257 Laurie Milner, 651 East Highland Street, Southlake, TX; Submitted a Public Comment card stating 258 they did not wish to speak but wanted to record their support. 259 260 Ken Grossman, 217 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they 261 did not wish to speak but wanted to record their support. 262 263 Cindy Grossman, 217 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating 264 they did not wish to speak but wanted to record their support. 265 266 Don Wills, 307 Foxborough Lane, Southlake, TX; Submitted a Public Comment card stating they did 267 not wish to speak but wanted to record their support. 268 269 Brian Sean Harding, 1030 Carroll Meadows Court, Southlake, TX; Submitted a Public Comment 270 card stating they did not wish to speak but wanted to record their support. 271 272 Michael Munoz, 1000 Carroll Meadows Court, Southlake, TX; Submitted a Public Comment card 273 stating they did not wish to speak but wanted to record their support. 274 275 Dr. Lee C. Dodson, 1020 Carroll Meadows Court, Southlake, TX; Submitted a Public Comment card 276 stating they did not wish to speak but wanted to record their support. 277 278 Janice Spark, 600 Oak Hill Drive, Southlake, TX; Submitted a Public Comment card stating they did 279 not wish to speak but wanted to record their support. 280 281 Gordon Spark, 600 Oak Hill Drive, Southlake, TX; Submitted a Public Comment card stating they did 282 not wish to speak but wanted to record their support. 283 284 Arnold Adams, 1704 Pecos, Southlake, TX; Submitted a Public Comment card stating they did not 285 wish to speak but wanted to record their support. 286 287 Jim Milner, 651 East Highland Street, Southlake, TX; Submitted a Public Comment card stating they 288 did not wish to speak but wanted to record their support. 289 290 Robert Handley, 2573 North White Chapel Road, Southlake, TX; Submitted a Public Comment card 291 stating they did not wish to speak but wanted to record their support. 292 293 Barry Johnson, 1408 Whispering Dell Court, Southlake, TX; Submitted a Public Comment card 294 stating they did not wish to speak but wanted to record their support. 295 296 John Underwood, 1407 Whispering Dell Court, Southlake, TX; Submitted a Public Comment card 297 stating they did not wish to speak but wanted to record their support. 298 299 Paul Simon, 500 Bent Wood Lane, Southlake, TX; Submitted a Public Comment card stating they 300 did not wish to speak but wanted to record their support. 301 302 Becky Madison, 550 Bentwood Lane, Southlake, TX; Submitted a Public Comment card stating they 303 did not wish to speak but wanted to record their support. 304 305 Tommy Madison, 550 Bent Wood Lane, Southlake, TX; Submitted a Public Comment card stating Planning and Zoning Commission Meeting Minutes - November 4, 2010 Page 6 of 12 306 they did not wish to speak but wanted to record their support. 307 308 Katrina Keith, 750 Bentwood Lane, Southlake, TX; Submitted a Public Comment card stating they 309 did not wish to speak but wanted to record their support. 310 311 Tricia Koppersmith, 875 Lake Wood Drive, Southlake, TX; Submitted a Public Comment card stating 312 they did not wish to speak but wanted to record their support. 313 314 F.M Koppersmith, 875 Lake Wood Drive, Southlake, TX; Submitted a Public Comment card stating 315 they did not wish to speak but wanted to record their support. 316 317 Bart and Ann Davis, 308 Foxborough, Southlake, TX; Submitted a Public Comment card stating they 318 did not wish to speak but wanted to record their support. 319 320 Jeff and Susan Revell, 406 Wickham Lane, Southlake, TX; Submitted a Public Comment card 321 stating they did not wish to speak but wanted to record their support. 322 323 David and Fariba Parmer, 801 Gateheads Court, Southlake, TX; Submitted a Public Comment card 324 stating they did not wish to speak but wanted to record their support. 325 326 William E. LaFavor, 620 South White Chapel Boulevard, Southlake, TX; submitted a Public 327 Comment card stating they did not wish to speak but wanted to record their support. 328 329 Donnie Osborne, 1319 Pecos Drive, Southlake, TX; Submitted a Public Comment card stating they 330 did not wish to speak but wanted to record their support. 331 332 Kim Moore, 620 Bermuda Road, Southlake, TX; Submitted a Public Comment card stating they did 333 not wish to speak but wanted to record their support. 334 335 Paul Thorpe, 1217 Whispering Lane, Southlake, TX; Submitted a Public Comment card stating they 336 did not wish to speak but wanted to record their support. 337 338 Ken Johnson, 1215 Whispering Lane, Southlake, TX; Submitted a Public Comment card stating they 339 did not wish to speak but wanted to record their support. 340 341 Bobby Chance, 1048 Summerplace Lane, Southlake, TX; Submitted a Public Comment card stating 342 they did not wish to speak but wanted to record their support. 343 344 Roger Ohmstede, 802 Columbia, Southlake, TX; Submitted a Public Comment card stating they did 345 not wish to speak but wanted to record their support. 346 347 Steve Shrum, 907 Hillcrest Trail, Southlake, TX; Submitted a Public Comment card stating they did 348 not wish to speak but wanted to record their support. 349 350 James Alex Logan, 1105 Quail Run Road, Southlake, TX; Submitted a Public Comment card stating 351 they did not wish to speak but wanted to record their support. 352 353 Debbie Marsh, 1627 Mockingbird Lane, Southlake, TX; Submitted a Public Comment card stating 354 they did not wish to speak but wanted to record their support. 355 356 Dennis Minder, 223 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 7 of 12 357 did not wish to speak but wanted to record their support. 358 359 Thomas Moore, 1024 Alamo Drive, Southlake, TX; Submitted a Public Comment card stating they 360 did not wish to speak but wanted to record their support. 361 362 Scott W. Hall, 1303 Palo Duro, Southlake, TX; Submitted a Public Comment card stating they did 363 not wish to speak but wanted to record their support. 364 365 Darrell McNutt, 212 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they 366 did not wish to speak but wanted to record their support. 367 368 Kosse Maykus, 695 W. Northwest Highway, Grapevine, TX; Submitted a Public Comment card 369 stating they wanted to speak in opposition to this item and that they did not wish to speak but 370 wanted to record their support. 371 372 Dennis Minder, 223 Eastwood Drive, Southlake, TX; submitted a letter which was read into record: 373 374 "Planning and Zoning Commissioner and Board, 375 376 As the President of Woodland Heights subdivision our neighborhood is for pro drilling in Southlake. 377 378 The oil and gas business has helped make Texas and the United States a world power house. The 379 energy sector has been a boom for the economy. We are very fortunate that our community has 380 quality companies interested in pouring millions of dollars into the city and schools. There are 381 always naysayers in new venture but this boon to our economy should not be denied. We as owners 382 and citizens are entitled to the minerals that we own beneath our properties and have the right to 383 harvest them. 384 385 Caution is always wise but due diligence has been taken for years. Now is the time to capitalize on 386 this opportunity. 387 388 Dennis Minder 389 223 Eastwood Dr 390 Southlake, TX 391 President Woodland Heights Owners Assoc" 392 393 Pattie Minder, 223 Eastwood Drive, Southlake, TX; submitted a letter which was read into record: 394 395 "Planning and Zoning Commissioner and Board 396 397 As a founding member of the SECC gas group 1 am in favor of Gas Drilling in Southlake. Our group 398 has about 540 acres which will be in Joe Wright well. 399 400 We support XTO as they go forward with this process of Gas drilling in Southlake. As a property 401 owner for 27 years in Southlake we are entitled to the minerals that we own beneath our property 402 and have the right for them to be harvest. 403 404 Pattie Minder 405 223 Eastwood Drive 406 Southlake, Texas 407 Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 8 of 12 408 Member of the SECC Board" 409 410 Darrell L. McNutt, 212 Westwood Drive, Southlake, TX; submitted a letter which was read into 411 record: 412 413 `To whom it may concern: 414 415 As the VP of Woodland Heights subdivision I am pro drilling in Southlake. 416 417 The oil and gas business has helped make Texas, and is the backbone to our economy. We are 418 very fortunate our community has quality companies interested in pouring millions of dollars into the 419 city, schools and resident of Southlake. There are always naysayers in any new venture but this 420 boon to our economy should not be denied. 421 422 Caution is always wise but due diligence has been taken for years. Now is the time to capitalize on 423 this opportunity. 424 425 Thank you 426 Darrell L McNutt" 427 428 Jignesh Patel, 914 Dove Creek Trail, Southlake, TX; Submitted a Public Comment card stating they 429 did not wish to speak but wanted to record their opposition. 430 431 Matt Schirle, 1512 Main Street, Southlake, TX; Submitted a Public Comment card stating they did 432 not wish to speak but wanted to record their opposition. 433 434 Trevor Matheson, 800 Dove Creek Trail, Southlake, TX; Submitted a Public Comment card stating 435 they did not wish to speak but wanted to record their opposition. 436 437 Robert Stiller, 218 Bob -O -Link Drive, Southlake, TX; Submitted a Public Comment card stating they 438 did not wish to speak but wanted to record their opposition. 439 440 Troy Findaly, 802 Dove Creek Trail, Southlake, TX; Submitted a Public Comment card stating they 441 did not wish to speak but wanted to record their opposition. 442 443 Patty Glenn, 1905 Amesbury Court, Southlake, TX; Submitted a Public Comment card stating they 444 did not wish to speak but wanted to record their opposition. 445 446 Peter Wilcox, 1904 Country Moss Way, Southlake, TX; Submitted a Public Comment card stating 447 they did not wish to speak but wanted to record their opposition. 448 449 Anuj Goswami, 918 Dove Creek Trail, Southlake, TX; Submitted a Public Comment card stating they 450 did not wish to speak but wanted to record their opposition. 451 452 Dianne Harris, 1025 Mission, Southlake, TX; Submitted a Public Comment card stating they did not 453 wish to speak but wanted to record their opposition. 454 455 Chairman Faglie called for an Executive Session at 9:33:11 p.m. pursuant to the Open Meetings 456 Act, Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 457 458 Chairman Faglie reconvened from Executive Session at 9:47:45 p.m.; no action was necessary. Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 9 of 12 459 460 Matt Moustakas, 913 Dove Court Trail, Southlake, TX; was present and spoke in opposition to this 461 item expressing concern over the gasses expelled into the air. 462 463 Sally Wilcox, 1904 Country Moss Way, Southlake, TX; was present and spoke in opposition to this 464 item due to the negative impacts that hydraulic fracturing will cause to the air, land and water. 465 466 Jorge R. Morales, 917 Dove Creek Trail, Southlake, TX; was present and spoke in opposition to 467 this item expressing concern over booster stations and noise. 468 469 Matt Cleaves, 909 Parkview Lane, Southlake, TX; was present and spoke in opposition to this item 470 and expressed concern over the chemicals going into the ground and how long it will stay there. 471 472 Elaine Cox, 1016 Quail Run Road, Southlake, TX; submitted a public comment card to speak in 473 opposition to this item but was not present during the public hearing. 474 475 Kalene Cook, 404 West Chapel Downs Drive, Southlake, TX; was present and spoke in opposition 476 to this item and expressed concern over pollution. 477 478 Gordon Aaland, 200 East Chapel Downs Drive, Southlake, TX; was present and spoke in 479 opposition to this item and expressed concern over fracing chemicals.. 480 481 Ester McElfish, President of North Central TX Communities Alliance, 7112 Martha Lane, Fort Worth, 482 TX; was present and spoke in opposition to this item and expressed concern over venting and air 483 quality. 484 485 David Rae, 1640 Bent Creek Drive, Southlake, TX; was present and spoke in opposition to this 486 item citing other cities' denial of XTO applications. 487 488 Dianne Dorman, 100 Ascot Drive, Southlake, TX; was present and spoke in opposition to this item 489 and inquired about any board, committee or council members that have signed a conflict of interest 490 form with regards to gas and oil drilling and production; concerns over onsite water storage tanks 491 and if they are able to withstand extreme temperatures; concerns over venting and wanted the 492 applicant to define "necessary venting "; are there any defined perimeters for the pipeline from 493 existing utilities; wanted the city to insist on background checks to ensure that qualified personnel 494 are on site; and just wanted more transparency from the applicant. 495 496 Van Williams, 125 West Chapel Downs Drive, Southlake, TX; was present and spoke in supportto 497 this item and spoke about the financial investment that the community and the applicant have put 498 into this process; there are risk in anything we do, but XTO has experience in this and are a quality 499 company. 500 501 David P. Poole, 1216 St. Emilion Court, Southlake, TX; was present and spoke in support to this 502 item stating that he grew up in the oil industry and also wants to make sure that his and his 503 children's future are protected and noted that both XTO and Energy Transfer are experienced 504 companies with a great track record for safety. 505 506 Dick McCauley, 900 Wildwood Lane, Southlake, TX; was present and spoke in supportto this item 507 citing corrections in distances to hospitals and that some opposed are not properly informed of the 508 facts; spoke on water procurement; spoke on gas being the future energy source for America. 509 Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 10 of 12 510 John Van Son, 675 Southview Trail, Southlake, TX; was present and spoke in supportto this item 511 stating that the city has done their due diligence with regards to enacting ordinances relating to gas 512 drilling in order to protect Southlake citizens and XTO Energy is a very reputable company and will 513 follow the rule enacted by the city. Mr. Van Son also stated that the Milner Ranch is a pristine 514 working Ranch and the Milner family has taken great care in preserving the Ranch. 515 516 Charlie Broadaway, 600 Brentwood Lane, Southlake, TX; was present and spoke in supportto this 517 item stating the benefits outweigh the negatives. 518 519 Howard Sanders, 1000 Lakewood Drive, Southlake, TX; was present and spoke in supportto this 520 item stating it is smart growth. 521 522 Joni Lehman, 1049 Summerplace Lane, Southlake, TX; submitted a public comment card to speak 523 in support to this item but was not present during the public hearing. 524 525 Eric D. Hulet, 251 Countryside Court, Southlake, TX; was present and spoke in supportto this item 526 and stated that he has been a part of this process for two years and that it has been frustrating at 527 times the length of time it has taken to get here that the time is indicative of the care the city and the 528 applicant has put into this process. 529 530 Pattie Minder, 223 Eastwood Drive, Southlake, TX; was present and spoke in support to this item 531 stating the applicant has answered the questions they have asked and that the Milner's would not 532 allow anything on their property that would detract from the quality that currently exists now. 533 534 L.O Brightbill, 111, 8908 Crest Wood Drive, Fort Worth, TX; was present and spoke in supportto this 535 item stating the city has done a good job on the ordinance and that it is an example for other cities 536 and spoke further on XTO's safety and compliance record. 537 538 Ray Williamson, 479 West Highland Street, Southlake, TX; was present and spoke in support to 539 this item and spoke that the city has done their diligence and stated that there is fear without 540 substance. 541 542 Loni Anderson, 1049 Summerplace Lane, Southlake, TX; submitted a public comment card to speak 543 in support to this item but was not present during the public hearing. 544 545 Keith Houser, 1219 Whispering Lane, Southlake, TX; was present and spoke in supportto this item 546 and distributed a power point he prepared and distribute to the Commission and spoke about the 547 opposition coming from other cities and not being familiar with the city's ordinance and the proposal 548 from XTO and have no vested interest in the City. 549 550 Mark L. Fletcher, 750 Wildwood Lane, Southlake, TX; submitted a public comment card to speak in 551 support to this item but was not present during the public hearing. 552 553 Beth Adams, 165 Creekway Bend, Southlake, TX; was present and spoke in opposition to this item 554 citing proper procedure and variances to city ordinances. Ms. Adams submitted an exhibit of fracing 555 chemicals to the Commission. 556 557 Trevor Matheson, 800 Dove Creek Trail, Southlake, TX; was present and spoke in opposition to 558 this item expressing concern over the fracing fluids used. 559 560 Martin Schelling, 265 North White Chapel Boulevard, Southlake, TX; was present and spoke in Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 11 of 12 561 supportto this item stating the man -hours put into creating the ordinance to allow safe drilling with 562 the intent that drilling will take place. 563 564 Rebecca Shivers, 1705 North Shady Oaks Drive, Southlake, TX; was present and spoke in support 565 to this item stating drilling made economic sense and now was the time to move with this. 566 567 Chairman Faglie called for the applicant. 568 569 Made a motion to table GAS10 -004, Specific Use Permit for Gas and Oil Well Drilling and 570 Production to the November 18, 2010 Planning and Zoning Commission meeting. 571 572 Motion: McCown 573 Second: Hamel 574 Ayes: Shafi, McCown, Hamel, Springer, 575 Nays: Hudson, Lancor, Faglie 576 Abstain: None 577 Approved: 4-3 578 Motion: Approved to Table 579 580 Agenda Item No.13 - Meeting Adjournment: Chairman Faglie adjourned the meeting at 11:39:19 581 p.m. on November 4, 2010. 582 583 584 n 585 586 Darrell Faglie 587 Chairman 588 ATTEST: 589 590 591 592 / /Hi ' ,� LLJJ 593 Steph. nie J. Brei earth 594 Secretary Planning and Zoning Commission Meeting Minutes — November 4, 2010 Page 12 of 12