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2010-11-18 P&Z Meeting CITY OF SOUTHLAKE TEXAS PLANNING AND ZONING COMMISSION MEETING: NOVEMBER 18, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 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. Call to Order. 2. Discussion of meeting management. 3. 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 November 4, 2010. 4. Administrative Comments. City of Southlake Planning & Zoning Commission Agenda November 18, 2010 Page 2 of 4 REGULAR AGENDA: 5. 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, Texas on property being described as a portion of Lots 1R1 & 2, Block A, Milner Addition, Southlake, Tarrant County, Texas. The Current Zoning is "AG" - Agricultural District. SPIN Neighborhood # 7. PUBLIC HEARING 6. 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 and 750 South Kimball Avenue, Southlake, Texas. The Current Zoning is "SF -20A" - Single Family Residential District. SPIN Neighborhood # 8. PUBLIC HEARING 7. 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. PUBLIC HEARING 8. Consider: ZA10 -058, Concept Plan for Village Center Phase I on property being described as Lot 3, Block 1, Village Center, Phase I, an addition to the City of Southlake, Tarrant County, Texas and being located at 2110 East Southlake Boulevard, Southlake, Texas. The current zoning is "C -3" - General Commercial District. SPIN Neighborhood # 8. This applicant has requested to table this item to the December 9, 2010 meeting. The Public Hearing will be held at that time. 9. Consider: ZA10 -059, Plat Revision for Lots 3R1 and 3R2, Block 1, Village Center Phase I, being a replat of property being described as Lot 3, Block 1, Village Center, Phase I, an addition to the City of Southlake, Tarrant County, Texas and being located at 2110 East Southlake Boulevard, Southlake, Texas. The current zoning is "C -3" - General Commercial District. SPIN Neighborhood # 8. This applicant has requested to table this item to the December 9, 2010 meeting. The Public Hearing will be held at that time. 10. Consider: ZA10 -060, Zoning Change and Development Plan for Highland Park on property being described as Tract 1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1R2, Block 1, Southlake Assembly of God Addition, Southlake, Tarrant County, Texas and being located at 151 and 411 East Highland Street, Southlake, Texas. The Current Zoning is "AG" - Agricultural Zoning District and "CS" - Community Service Zoning District. The Requested Zoning is "R -PUD" - Residential Planned Unit Development Zoning District. SPIN Neighborhood # 7. PUBLIC HEARING City of Southlake Planning & Zoning Commission Agenda November 18, 2010 Page 3 of 4 11. Consider: ZA10 -057, Site Plan for Lot 3, Carroll - Greenway Addition, Southlake, Tarrant County, Texas and being located at 1281 East S. H. 114, Southlake, Texas. The current zoning is "C3" — General Commercial. SPIN Neighborhood # 8. PUBLIC HEARING 12. MEETING ADJOURNMENT 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, November 12, 2010, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. t p tl (n�' L &a/idly m -� tl r a� tltl ° i tltltltl *tltl +tlu `�� If you plan to attend this public meeting and have a disa"brility,,thitr, 4ires special needs, please advise the City Secretary 48 hours in advance at 817 - 748 -8016, and reasonable accommodations will be made to assist you. City of Southlake Planning & Zoning Commission Agenda November 18, 2010 Page 4 of 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 ADDENDUM TO PLANNING AND ZONING COMMISSION MEETING: NOVEMBER 18, 2010 LOCATION: 1400 Main Street, Southlake, Texas 76092 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 REGULAR SESSION: 6:30 P.M. or immediately following the work session. 3. Approval of the minutes for the Planning and Zoning Commission work session held on November 4, 2010. 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, November 12, 2010, at 6:00 p.m., pursuant to the Texas Government Code, Chapter 551. 7. If you plan to attend this public meeting and have a disability that requires special needs, please advise the City Secretary 48 hours in advance at 817 -748 -8016, and reasonable accommodations will be made to assist you. CITY OF SOUTHLAKE TEXAS 1 REGULAR PLANNING AND ZONING COMMISSION MEETING NOVEMBER 18, 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; Clayton Comstock, Planer II; Bob Price, Director of Public Works; Gordon Mayer, Deputy - 15 Director of Public Works /City Engineer; Cheryl Taylor, Civil Engineer; Michelle McCullough, Civil 16 Engineer; Steven Anderson, Civil Engineer; Christi Upton, Environmental Coordinator; Mike Starr, 17 Fire Chief; David Barnes, Fire Marshall; Kelly Clement, Fire Inspector; Bryan Thomas, Deputy Fire 18 Chief and Stephanie Breitbarth, Commission Secretary. 19 20 WORK SESSION: 21 22 Item No. 1 — Call to Order: Chairman Faglie called the work session to order at 5:37 p.m. 23 24 Item No. 2 — Discussion of Meeting Management: Commissioner's discussed meeting 25 management options. 26 27 Item No. 3 — Discussion of all Items of Tonight's Meeting Agenda: No action was taken during the 28 Work Session and each item was considered during the Regular Session. 29 30 REGULAR SESSION: 31 32 Agenda Item No. 1 — Call to Order: Chairman Faglie called the regular meeting to order at 6:36 p.m. 33 34 Agenda Item No. 3 - Approval of Minutes: Chairman Faglie opened discussion of the minutes of 35 the Planning and Zoning Commission meeting held on November 4, 2010. 36 37 Made a motion to approve the minutes of the Planning and Zoning Commission meeting held on 38 November 4, 2010. 39 40 Motion: Hudson 41 Second: Lancor 42 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 43 Nays: None 44 Abstain: None 45 Approved: 7-0 46 Motion: Approved 47 48 Chairman Faglie moved items 8 and 9 up on the Agenda. 49 50 Agenda Item No. 8 - ZA10 -058, Concept Plan for Village Center Phase I: On property being Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 1 of 19 51 described as Lot 3, Block 1, Village Center, Phase I, an addition to the City of Southlake, Tarrant 52 County, Texas and being located at 2110 East Southlake Boulevard, Southlake, Texas. The current 53 zoning is "C -3" - General Commercial District. SPIN Neighborhood # 8. The Owner is Kroger Texas, 54 L.P. The Applicant is Winkelmann & Assoc. 55 56 The applicant has requested to table this item to the December 9, 2010 meeting. 57 58 Agenda Item No. 9 - ZA10 -059, Plat Revision for Lots 3R1 and 3R2, Block 1, Village Center 59 Phase I : Being a replat of property being described as Lot 3, Block 1, Village Center, Phase I, an 60 addition to the City of Southlake, Tarrant County, Texas and being located at 2110 East Southlake 61 Boulevard, Southlake, Texas. The current zoning is "C -3" - General Commercial District. SPIN 62 Neighborhood # 8. The Owner is Kroger Texas, L.P. The Applicant is Winkelmann & Assoc. 63 64 The applicant has requested to table this item to the December 9, 2010 meeting. 65 66 Made a motion to table ZA10 -058, Concept Plan for Village Center Phase I and ZA10 -059, Plat 67 Revision for Lots 3R1 and 3R2, Block 1, Village Center Phase I, to the December 9, 2010 Planning 68 and Zoning Commission meeting at the applicant's request. 69 70 Motion: Hudson 71 Second: Lancor 72 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 73 Nays: None 74 Abstain: None 75 Approved: 7-0 76 Motion: Approved 77 78 Agenda Item No. 4 — Administrative Comments: Ken Baker, Director of Planning & Development 79 Services, noted there will be a Southlake 2030 Land Use Plan Committee meeting on December 2, 80 2010 at 5:00 p.m. at Town Hall in Training Rooms 3 C and D to discuss the FM1709/FM1938 Sector 81 Plan and have a charrette on an area located at Kimball Avenue and Crooked Lane under the 75 82 LDN. 83 84 Chairman Faglie called for an Executive Session at 6:37 p.m. pursuant to the Open Meetings Act, 85 Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 86 87 Chairman Faglie reconvened from Executive Session at 7 :10 p.m.; no action was necessary. 88 89 Chairman Faglie noted that the applicant for item 10 has requested to table. Chairman Faglie moved 90 this item up on the agenda. 91 92 Agenda Item No. 10 - ZA10 -060, Zoning Change and Development Plan for Highland Park: For 93 a Zoning Change and Development Plan for Highland Park on property being described as Tract 94 1B02, W.W. Hall Survey, Abstract No. 687 and Lot 1R2, Block 1, Southlake Assembly of God 95 Addition, Southlake, Tarrant County, Texas and being located at 151 and 411 East Highland Street, 96 Southlake, Texas. The Current Zoning is "AG" - Agricultural Zoning District and "CS" - Community 97 Service Zoning District. The Requested Zoning is "R -PUD" - Residential Planned Unit Development 98 Zoning District. SPIN Neighborhood # 7. The Owner is Silver Oak Land Development LLC. The 99 Applicant is Sage Group, Inc. 100 101 The applicant has requested to table this item to the December 9, 2010 meeting. Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 2 of 19 102 103 Made a motion to table ZA10 -060, Zoning Change and Development Plan for Highland Park to the 104 December 9, 2010 Planning and Zoning Commission meeting at the applicant's request. 105 106 Motion: Hudson 107 Second: Lancor 108 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 109 Nays: None 110 Abstain: None 111 Approved:7 -0 112 Motion: Approved 113 114 Agenda Item No. 5 - GAS10 -004, Specific Use Permit for Gas and Oil Well Drilling and 115 Production: Lorrie Fletcher, Planner I, presented this item to the Commission fora Specific Use 116 Permit for Gas and Oil Well Drilling and Production on property being located at 651 and 655 East 117 Highland Street, Southlake, TX on property being described as a portion of Lots 1R1 & 2, Block A, 118 Milner Addition, Southlake, Tarrant County, Texas. The Current Zoning is "AG" Agricultural District. 119 SPIN Neighborhood # 7. The Owner is JGJ Enterprises Inc. The Applicant is XTO Energy Inc. 120 121 Walter Dueease, XTO, 810 Houston Street, Fort Worth, 7X; was present and made a presentation 122 to and was available for questions from the Commission. 123 124 Chairman Faglie called for a break at 9:00 p.m. 125 126 Chairman Faglie reconvened from the break at 9 :10 p.m. 127 128 Chairman Faglie called for the Fire Chief and the Fire Marshall. 129 130 Mike Starr, Fire Chief for the City of Southlake; was present and responded to questions from the 131 Commission. 132 133 David Barnes, Fire Marshall for the City of Southlake; was present and responded to questions from 134 the Commission. 135 136 Anthony Welty, Energy Transfer, 800 East Sonterra Boulevard, Suite 400, San Antonio, TX; was 137 present and spoke on this item and was available to respond to questions from the Commission. 138 139 Chairman Faglie noted that the public hearing was still open. 140 141 Chairman Faglie read public comment cards that had been submitted. 142 143 Matt Wilsman, 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment card stating they 144 did not wish to speak but wanted to record their opposition. 145 146 Stacey Bott, 1604 Ponderosa Way, Southlake, TX; Submitted a Public Comment card stating they 147 did not wish to speak but wanted to record their opposition. 148 149 Janice Stiller, 218 Bob -O -Link Drive, Southlake, TX; Submitted a Public Comment card stating they 150 did not wish to speak but wanted to record their opposition. 151 152 Sally Wilcox, 1904 Country Moss Way, Southlake, TX; Submitted a Public Comment card stating Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 3 of 19 153 they did not wish to speak but wanted to record their opposition. 154 155 Howard Sanders, 1000 Lakewood Drive, Southlake, TX; Submitted a Public Comment card stating 156 they did not wish to speak but wanted to record their support. 157 158 Tommy Madison, 550 Bent Wood Lane, Southlake, TX; Submitted a Public Comment card stating 159 they did not wish to speak but wanted to record their support. 160 161 Rebecca Madison, 550 Bent Wood Lane, Southlake, TX; Submitted a Public Comment card stating 162 they did not wish to speak but wanted to record their support. 163 164 Michael Fraizer, 1013 South Hollow Drive, Southlake, TX; Submitted a Public Comment card stating 165 they did not wish to speak but wanted to record their support. 166 167 Rob Dean, 911 South White Chapel Boulevard, Southlake, TX; Submitted a Public Comment card 168 stating they did not wish to speak but wanted to record their support. 169 170 Tina Auten, 302 Donley Court, Southlake, TX; Submitted a Public Comment card stating they did not 171 wish to speak but wanted to record their support. 172 173 Ben Auten, 302 Donley Court, Southlake, TX; Submitted a Public Comment card stating they did not 174 wish to speak but wanted to record their support. 175 176 John Logan, 221 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they did 177 not wish to speak but wanted to record their support. 178 179 Gale Gregory, 110 West Southlake Boulevard, Southlake, TX; Submitted a Public Comment card 180 stating they did not wish to speak but wanted to record their support. 181 182 Joe D. Gregory, 110 West Southlake Boulevard, Southlake, TX; Submitted a Public Comment card 183 stating they did not wish to speak but wanted to record their support. 184 185 Bill LaFaver, 620 South White Chapel Boulevard, Southlake, TX; Submitted a Public Comment card 186 stating they did not wish to speak but wanted to record their support. 187 188 Bobby Harrell, 325 Clariden Ranch Road, Southlake, TX; Submitted a Public Comment card stating 189 they did not wish to speak but wanted to record their support. 190 191 William Estonaker, 2112 Kimball Hill Court, Southlake, TX; Submitted a Public Comment card 192 stating they did not wish to speak but wanted to record their support. 193 194 John Underwood, 1407 Whispering Dell Court, Southlake, TX; Submitted a Public Comment card 195 stating they did not wish to speak but wanted to record their support. 196 197 Nadolyn Miller, 220 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they 198 did not wish to speak but wanted to record their support. 199 200 Carl Sledz, 220 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they did 201 not wish to speak but wanted to record their support. 202 203 Paul Spain, 2200 Estes Park Drive, Southlake, 1X; Submitted a Public Comment card stating they Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 4 of 19 204 did not wish to speak but wanted to record their support. 205 206 Graylene Spain, 2200 Estes Park Drive, Southlake, TX; Submitted a Public Comment card stating 207 they did not wish to speak but wanted to record their support. 208 209 Lisa Spain, 1030 Primrose Lane, Southlake, TX; Submitted a Public Comment card stating they did 210 not wish to speak but wanted to record their support. 211 212 Connie Harrell, 325 Clariden Ranch Road, Southlake, TX; Submitted a Public Comment card stating 213 they did not wish to speak but wanted to record their support. 214 215 Bobby Harrell, 325 Clariden Ranch Road, Southlake, TX; Submitted a Public Comment card stating 216 they did not wish to speak but wanted to record their support. 217 218 Jim T. Covington, 1213 Woodsey Court, Southlake, TX; Submitted a Public Comment card stating 219 they did not wish to speak but wanted to record their support. 220 221 Alice Covington, 1213 Woodsey Court, Southlake, TX; Submitted a Public Comment card stating 222 they did not wish to speak but wanted to record their support. 223 224 Greg Billingsley, 1217 Woodsey Court, Southlake, TX; Submitted a Public Comment card stating 225 they did not wish to speak but wanted to record their support. 226 227 Terry Wilkinson, 640 West Southlake Boulevard, Southlake, TX; Submitted a Public Comment card 228 stating they did not wish to speak but wanted to record their support. 229 230 Lloyd Rodney, 209 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they 231 did not wish to speak but wanted to record their support. 232 233 Jack Milner, 651 East Highland Street, Southlake, 1X; Submitted a Public Comment card stating 234 they did not wish to speak but wanted to record their support. 235 236 Fred Joyce, 455 Randol Mill Avenue, Southlake, TX; Submitted a Public Comment card stating they 237 did not wish to speak but wanted to record their support. 238 239 John Van Son, 675 Southview Trail, Southlake, TX; Submitted a Public Comment card stating they 240 did not wish to speak but wanted to record their support. 241 242 Barry Johnson, 1408 Whispering Dell Court, Southlake, TX; Submitted a Public Comment card 243 stating they did not wish to speak but wanted to record their support. 244 245 Michael Heath, 211 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they 246 did not wish to speak but wanted to record their support. 247 248 Bobby and Karla Chance, 1048 Summerplace Lane, Southlake, TX; submitted a Public Comment 249 card stating they did not wish to speak but wanted to record their support. 250 251 David Morgan, 210 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they 252 did not wish to speak but wanted to record their support. 253 254 Pat Morgan, 210 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating they Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 5 of 19 255 did not wish to speak but wanted to record their support. 256 257 John G. Taylor, 209 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they 258 did not wish to speak but wanted to record their support. 259 260 Martha T. Taylor, 209 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating 261 they did not wish to speak but wanted to record their support. 262 263 Van Williams, 125 West Chapel Downs Drive, Southlake, TX; Submitted a Public Comment card 264 stating they did not wish to speak but wanted to record their support. 265 266 Patrick Gray, 411 Highland Street, Southlake, TX; Submitted a Public Comment card stating they 267 did not wish to speak but wanted to record their support. 268 269 Cindy Engle, 125 West Chapel Downs Drive, Southlake, TX; Submitted a Public Comment card 270 stating they did not wish to speak but wanted to record their support. 271 272 Jim Milner, 651 East Highland Street, Southlake, TX; Submitted a Public Comment card stating they 273 did not wish to speak but wanted to record their support. 274 275 Laurie Milner, 651 East Highland Street, Southlake, TX; Submitted a Public Comment card stating 276 they did not wish to speak but wanted to record their support. 277 278 R. V. Hardesty, 1002 Pine Meadow Court, Southlake, TX; Submitted a Public Comment card stating 279 they did not wish to speak but wanted to record their support. 280 281 Donald Johnston, 1315 Palo Duro Trail, Southlake, TX; Submitted a Public Comment card stating 282 they did not wish to speak but wanted to record their support. 283 284 Joey Milner, 651 East Highland Street, Southlake, TX; Submitted a Public Comment card stating 285 they did not wish to speak but wanted to record their support. 286 287 Renae Osborne, 1319 Pecos Drive, Southlake, TX; Submitted a Public Comment card stating they 288 did not wish to speak but wanted to record their support. 289 290 Don Osborne, 1319 Pecos Drive, Southlake, TX; Submitted a Public Comment card stating they did 291 not wish to speak but wanted to record their support. 292 293 Mike Denny, 805 Durham Court, Southlake, TX; Submitted a Public Comment card stating they did 294 not wish to speak but wanted to record their support. 295 296 C. E. Dorris, 213 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they did 297 not wish to speak but wanted to record their support. 298 299 Kenneth Shaw, 1202 Wyndham Hill Lane, Southlake, TX; Submitted a Public Comment card stating 300 they did not wish to speak but wanted to record their support. 301 302 Gail Upshaw, 120 Green Oaks, Southlake, TX; Submitted a Public Comment card stating they did 303 not wish to speak but wanted to record their support. 304 305 Mary Jo Milner, 565 East Highland Street, Southlake, TX; Submitted a Public Comment card stating Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 6 of 19 306 they did not wish to speak but wanted to record their support. 307 308 Mary Upshaw, 653 East Highland Street, Southlake, TX; Submitted a Public Comment card stating 309 they did not wish to speak but wanted to record their support. 310 311 Louise Garrett, 1747 ShumakerLane, Southlake, TX; Submitted a Public Comment card stating they 312 did not wish to speak but wanted to record their support. 313 314 Stacie L. Standerfer, 2109 Boulder Court, Southlake, TX; Submitted a Public Comment card stating 315 they did not wish to speak but wanted to record their support. 316 317 Gene Upshaw, 655 East Highland Street, Southlake, TX; Submitted a Public Comment card stating 318 they did not wish to speak but wanted to record their support. 319 320 Charlene Upshaw, 655 East Highland Street, Southlake, TX; Submitted a Public Comment card 321 stating they did not wish to speak but wanted to record their support. 322 323 Bobby G. Adams, 695 West Glade Road, Euless, TX; Submitted a Public Comment card stating 324 they did not wish to speak but wanted to record their support further commenting "GO- GO -GO! 325 Yes, Yes, Yes" 326 327 Ruth Ann Adams, 695 West Glade Road, Euless, TX; Submitted a Public Comment card stating 328 they did not wish to speak but wanted to record their support further commenting "Let the GAS 329 FLOW!" 330 331 Gregory Jones, 2105 Cheyenne Park Lane, Southlake, TX; Submitted a Public Comment card 332 stating they did not wish to speak but wanted to record their support further commenting "This 333 ordinance was passed to allow das drilling with reasonable accommodation for variances. It was not 334 meant to prevent drilling or for mineral owners to access their minerals. All of this with due 335 consideration for safety and the welfare of our citizens. Thank you." 336 337 Hylie Voss, 286 Lilac Lane, Southlake, TX; Submitted a Public Comment card stating they did not 338 wish to speak but wanted to record their opposition further commenting "My husband took my 4 yr 339 old on a field trip to an apple orchard in Roanoke. The lady working there told him that the nearby 340 gas drilling had contaminated their water and they couldn't drink it, and there were trying to move 341 away. That isn't in New Mexico somewhere. That is HERE. We live very near the Pleasant Run 342 Colleyville well site. How can we in Southlake be environmentally protected from a well in 343 Colleyville? (or Grapevine) What would be the impact of the use of water well for drilling /fracking on 344 local water wells dependant on the water table? Would they dry our wells up? What depth would 345 they use ?" 346 347 Sam Timothy, 715 Kent Court, Southlake, TX; Submitted a Public Comment card stating they did not 348 wish to speak but wanted to record their support. 349 350 Clarence Robert Mason, 914 Westminster Way, Southlake, TX; Submitted a Public Comment card 351 stating they did not wish to speak but wanted to record their support. 352 353 Mike and Doris Lafavers, 303 East Highland Street, Southlake, TX; Submitted a Public Comment 354 card stating they did not wish to speak but wanted to record their support. 355 356 Rick Shultz, 2719 York Court, Southlake, TX; Submitted a Public Comment card stating they did not Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 7 of 19 357 wish to speak but wanted to record their support. 358 359 Kevin Bower, 800 Gateshead Court, Southlake, TX; Submitted a Public Comment card stating they 360 did not wish to speak but wanted to record their support. 361 362 Diann Tucker, 1515 Pecos Drive, Southlake, TX; Submitted a Public Comment card stating they did 363 not wish to speak but wanted to record their support. 364 365 Thomas W. Tucker, 1515 Pecos Drive, Southlake, TX; Submitted a Public Comment card stating 366 they did not wish to speak but wanted to record their support. 367 368 Bruce G. Krieger, 605 Concho Court, Southlake, TX; Submitted a Public Comment card stating they 369 did not wish to speak but wanted to record their support. 370 371 John Thane, 2600 South Quail Run Court, Southlake, TX; Submitted a Public Comment card stating 372 they did not wish to speak but wanted to record their support further commenting "Benefits: The 373 School District, The City of Southlake, The Residents. Benefits FAR outweigh perceived risks. 374 Thank you for your service. John" 375 376 Ann Davis, 308 Foxborough Lane, Southlake, TX; Submitted a Public Comment card stating they 377 did not wish to speak but wanted to record their support. 378 379 Eason Maykus, 608 Chapel Court, Southlake, TX; Submitted a Public Comment card stating they 380 did not wish to speak but wanted to record their support. 381 382 Stan Braun, 950 Lake Wood Drive, Southlake, TX; Submitted a Public Comment card stating they 383 did not wish to speak but wanted to record their support. 384 385 Charles Griffith, 2718 York Court, Southlake, TX; Submitted a Public Comment card stating they did 386 not wish to speak but wanted to record their support. 387 388 Myrna Solomon, 709 Malton Lane, Southlake, TX; Submitted a Public Comment card stating they 389 did not wish to speak but wanted to record their support. 390 391 Don Tryon, 2803 Brookshire Drive, Southlake, TX; Submitted a Public Comment card stating they 392 did not wish to speak but wanted to record their support. 393 394 Cathy and Steve Vollmer, 711 Malton Lane, Southlake, TX; submitted a Public Comment card 395 stating they did not wish to speak but wanted to record their support. 396 397 Paul Wagner, 1480 North Kimball Avenue, Southlake, TX; Submitted a Public Comment card stating 398 they did not wish to speak but wanted to record their support. 399 400 Jennie Bergstresser Fox, 707 Sussex Court, Southlake, TX; Submitted a Public Comment card 401 stating they did not wish to speak but wanted to record their support. 402 403 William and Betty White, 1052 Westpark Circle, Southlake, TX; Submitted a Public Comment card 404 stating they did not wish to speak but wanted to record their support. 405 406 Sam Timothy, 715 Kent Court, Southlake, TX; Submitted a Public Comment card stating they did not 407 wish to speak but wanted to record their support. Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 8 of 19 408 409 Miles Koppersmith, 875 Lake Wood Drive, Southlake, TX; Submitted a Public Comment card stating 410 they did not wish to speak but wanted to record their support. 411 412 Greg Standerfer, 1130 North Carroll Avenue, #100, Southlake, TX; Submitted a Public Comment 413 card stating they did not wish to speak but wanted to record their support further commenting "(1) 414 My understanding is that there are only two variances sought. Temporary venting during the final 415 stages of drilling and an issue with the pipes for the water tanks used for water supply during drilling. 416 Both appear to be relatively insignificant. (2) The development of this well and the subsequent one 417 up in the industrial district will benefit a significant majority of the property owners in the city whole 418 complying with one to the most demanding drilling ordinances around. (3) The city has already 419 passed up on approximately 14 million dollars in signing bonus and if not approved, the city will lose 420 an additional approximately 30 million dollars in revenues. The tax payers deserve better. The 421 property owners deserve the benefit of the 100s sf millions of dollars in income to the individual tax 422 payers. (4) I also believe that denied would rick the significant burden of litigation defense just like 423 Flower Mound has had. In addition to the millions lose in revenues. They have also currently spends 424 100's of thousand in lawsuit expenses. (5) I believe that a significant majority of residents want to 425 see it approved." 426 427 Glenn & Aloha Payne, 1213 Whispering Lane, Southlake, TX; Submitted a Public Comment card 428 stating they did not wish to speak but wanted to record their support further commenting "To Darrell 429 Faglie and members of P &Z for Southlake: My husband and I approve of the passing of GAS10- 430 004. We have lived in Southlake for twenty -six years and are confident that the Milner property is a 431 perfect place to drill for gas. The Milner's have always taken care of their land and would see that 432 XTO would not abuse the property. We do have mineral rights on our land and have signed a lease 433 with Chesapeake. However, we line in Whispering Dell Estates which makes us eligible for royalties 434 for another company... along with Jack Johnson Elementary School, three Churches, and the City of 435 Southlake. Please keep that in mind. Jack Johnson School borders our back yard and is one of the 436 older schools in the district and could use a boost in their income. After depositing the lease check 437 into our account at the bank, I feel that we should stand behind the gas companies as long as they 438 follow the rules. We will not be able to attend the Nov 18 meeting. We would like to have our 439 approval for this application recorded into the public record. Sincerely, Glenn & Aloha Payne" 440 441 Stephen C. Kidwell, 236 West Seaview Drive, Duck Key, FL; Submitted a Public Comment card 442 stating they did not wish to speak but wanted to record their support further commenting "As a long 443 time property and mineral rights owner in Southlake, I would like to voice my support for approval of 444 XTO's application for a Specific Use Permit for gas well drilling and production on the Milner Ranch 445 (GAS10 -004). Property and mineral rights owners in Southlake should be able to harvest their 446 mineral assets and XTO, a responsible and formidable company in the oil and gas business, should 447 have the opportunity to reap a return on their considerable investments in the area. Since I am 448 unable to personally attend the meeting, I would appreciate your conveying my support and approval 449 at Thursday's meeting. Thanking you in advance for your kind cooperation, I am Sincerely yours 450 Stephen C. Kidwell" 451 452 Janet Rose, 1209 Ashmore Court, Southlake, TX; Submitted a Public Comment card stating they did 453 not wish to speak but wanted to record their support further commenting "I am in support of this 454 proposal and hope that you will vote accordingly. Thank you. Janet Rose" 455 456 Linda Parker, 225 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they 457 did not wish to speak but wanted to record their support further commenting "Dear Ladies and 458 Gentlemen: I have been a resident of Southlake for almost 26 years. I have seen it grow from semi - Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 9 of 19 459 rural to what it is today. I appreciate that the Planning and Zoning Committee and the City Council 460 have tried to make urban development almost as beautiful as how the natural landscape used to be. 461 I miss the wildlife and open spaces, but I think you have done a good job in planning the eventual, 462 inevitable urban development. 463 464 I did sign a lease for my natural gas mineral rights to XTO, and would be part of the development for 465 a well dilled at the Joe Wright property. 466 467 I am in favor of allowing this drilling to occur. 468 469 I believe that natural gas is a great, green energy alternative we should use while more self - 470 sustaining alternatives are developed. And, I trust XTO. I watched the segment on drilling and 471 frac'ing on Sixty Minutes tonight. I think it is important that we deal with companies with higher 472 standards, which I believe XTO has. 473 474 It is time to deal with the eventual and inevitable again. I hope that you will grant XTO permission to 475 drill. 476 477 Linda Parker" 478 479 Shelley Smithson, 1439 Sunshine Lane, Southlake, TX; Submitted a Public Comment card stating 480 they did not wish to speak but wanted to record their support further commenting "I would like to 481 give my support to the application for a Specific Use Permit for Gas and Oil Drilling and Production 482 on the Milner Ranch." 483 484 Douglas Barker, 1280 Sunshine Lane, Southlake, TX; Submitted a Public Comment card stating 485 they did not wish to speak but wanted to record their support further commenting "I am unable to 486 attend the upcoming P &Z meeting to be held November 18, 2010. I do however fully support the 487 XTO application for a "Specific Use Permit for Gas and Oil Drilling and Production 488 489 Chairman Faglie called for those in opposition. 490 491 Matt Cleares, 909 Parkview Lane, Southlake, TX; was present and spoke in opposition to this item 492 expressing concern over the gasses expelled into the air. 493 494 Peter Wilcox, 1904 Country Moss Way, Southlake, TX; was present and spoke in opposition to this 495 item due to the negative impacts that hydraulic fracturing will cause to the air, land and water. 496 497 Janeth and Robert Stiller, 218 Bob -O -Link, Southlake, TX; was present and spoke in opposition to 498 this item expressing concern over booster stations and noise. At the speakers' request, Chairman 499 Faglie read a letter into the record. "Dear Commission; 500 501 Southlake has always stood for leadership. Every other city has tried to emulate Southlake over the 502 years. And now, XTO is asking Southlake to be a follower, following cities like Ft. Worth, Arlington, 503 Mansfield and Grand Prairie in granting them access to gas drilling in our city. 504 505 Everyone seems to have an opinion on this issue. Supporters of gas drilling seem to be interested in 506 the financial benefit provided by the wells to the city and homeowners, while the opponents have 507 voiced concerns over safety and quality of life for our citizens. In the four SPIN meetings we 508 attended, dozens of citizens voiced their concern over issues such as environmental damage to our 509 water air and soil, traffic problems, noise and safety. Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 10 of 19 510 511 Many cities are now denying well applications pending the environmental studies that are being 512 done. While no one will know the long term effects of drilling and fracking for years to come, it would 513 be a shame for Southlake to bear the cleanup costs once XTO has left town. 514 515 Your vote on this very important issue will define the city's position on gas drilling for years to come. 516 Please consider denying all gas drilling in the City of Southlake, or at least table this vote until all of 517 the environmental studies are completed and you have all the facts. 518 519 Sincerely, 520 521 Janeth and Robert Stiller" 522 523 Shannon Kiggins, 1052 Summerplace Lane, Southlake, TX; was not present to speak on this item 524 but submitted a public comment card in opposition to this item. 525 526 Troy Findlay, 802 Dove Creek Trail, Southlake, TX; was present and spoke in opposition to this 527 item expressing concern over environmental issues related to drilling. 528 529 Gordon Aalund, 200 Chapel Downs Drive, Southlake, TX; submitted a public comment card in 530 opposition to this item but stated he would wait to speak since he spoke at the last Public Hearing 531 on this item. 532 533 Dianne Harris, 1025 Mission Drive, Southlake, TX; was present and spoke in opposition to this item 534 and expressed concern with frac fluids and VOC emissions. 535 536 Susan Knoll, 104 Burghley Court, Bartonville, 7X; was present and spoke in opposition to this item 537 and spoke of her experience with gas drilling in Bartonville. 538 539 Chairman Faglie called for those in favor. 540 541 D. Todd Parrish, 1313 Bay Meadows Court, Southlake, TX; was present and spoke in support to 542 this item stating that the Planning and Zoning Commission should consider only what it can and the 543 ancillary items being debated are irrelevant at this time. 544 545 Tom Allen, 9 Village Circle, Westlake, TX; was present and spoke in support to this item stating 546 Westlake currently has a similar site close to Southlake and has had no issues. 547 548 Cheryl Davidson /Michael Frazier, 1013 South Hollow Drive, Southlake, TX; was present and spoke 549 in support to this item stating there are always risks but we need to move forward with clean 550 energy. 551 552 Janet French, 6720 Starnes Road, North Richland Hills, TX; was not present speak on this item but 553 submitted a Public Comment card in support of this item. 554 555 Darrell L. McNutt, 212 Westwood Drive, Southlake, TX; was not present speak on this item but 556 submitted a Public Comment card in support of this item. 557 558 Mitchel Douglas Rake, 304 Preakness Circle, Southlake, 7X; was not present speak on this item but 559 submitted a Public Comment card in support of this item. 560 Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 11 of 19 561 Charles Griffith, 2718 York Court, Southlake, TX; was present and spoke in support to this item. 562 563 Robert Gray, 1275 Shady Oaks Drive, Southlake, TX; was present and spoke in support to this 564 item and stated that he has been a part of this process for two years and that it has been frustrating 565 at times the length of time it has taken to get here that the time is indicative of the care the city and 566 the applicant has put into this process. 567 568 Greg Standerfer, 1130 North Carroll Avenue, Suite 100, Southlake, TX; was not present to speak on 569 this item but submitted a Public Comment card in support of this item. 570 571 Royal E. Smith, PHd, 300 timber Trail, Fort Worth, TX; was present representing White's Chapel 572 Cemetery Association and spoke in support to this item stating this is just a step in the process. 573 574 lzak Gregory, 1201 Oakhurst Drive, Southlake, TX; was present and spoke in support to this item 575 and spoke of his experience with gas and oil wells noting the adverse effects are highly improbably 576 and are worse case scenario. 577 578 Ralph Evans, 185 South White Chapel Boulevard, Southlake, TX; was not present but submitted 579 written response read into the record "White's Chapel United Methodist Church has a land area of 580 approximately 247 acres and has a membership of 10,000. In November 2008, White's Chapel 581 UMC signed a mineral rights lease with XTO. The Administrative Board of White's Chapel United 582 Methodist Church has met and adopted a resolution in support of drilling the proposed gas wells on 583 the Milner property. The Administrative Board obviously cannot speak for all the individual members 584 of the church, however the Church Board is in support of all reasonable efforts to recover the 585 minerals under the rights granted to XTO. 586 587 Passed unanimously November 17, 2010 588 589 W. Ralph Evans" 590 591 Ann Davis, 308 Foxborough Lane, Southlake, TX; was not present but Jennifer Meyers read a 592 statement from Ms. Davis in her absence. 593 594 Chairman Faglie read additional comment cards. 595 596 Ruth Ann Adams, 1204 and 1206 Woodsey Court, Southlake, TX; Submitted a Public Comment 597 card stating they did not wish to speak but wanted to record their support. 598 599 Bob Adams, 1204 and 1206 Woodsey Court, Southlake, TX; Submitted a Public Comment card 600 stating they did not wish to speak but wanted to record their support. 601 602 Beth Adams, 165 Creekway Bend, Southlake, TX; was not present to speak on this item but 603 Submitted a Public Comment card stating their opposition to this item. 604 605 Jeannie Anderson, 1203 Earlston Court, Southlake, TX; Submitted a Public Comment card stating 606 they did not wish to speak but wanted to record their support. 607 608 Kurtis Anderson, 1203 Earlston Court, Southlake, TX; Submitted a Public Comment card stating 609 they did not wish to speak but wanted to record their support. 610 611 Cindy Grossman, 217 Westwood Drive, Southlake, TX; Submitted a Public Comment card stating Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 12 of 19 612 they did not wish to speak but wanted to record their support. 613 614 Gary Hollingsworth, 1110 La Paloma Court, Southlake, TX; Submitted a Public Comment card 615 stating they did not wish to speak but wanted to record their support. 616 617 Mark Hubbard, 331 West Highland Street, Southlake, TX; Submitted a Public Comment card stating 618 they did not wish to speak but wanted to record their support. 619 620 Mike Mills, 805 Cross Lane, Southlake, TX; Submitted a Public Comment card stating they did not 621 wish to speak but wanted to record their support. 622 623 Linda Parker, 225 Eastwood Drive, Southlake, TX; Submitted a Public Comment card stating they 624 did not wish to speak but wanted to record their support. 625 626 Ray Williamson, 479 West Highland Street, Southlake, TX; Submitted a Public Comment card 627 stating they did not wish to speak but wanted to record their support. 628 629 Sonya Khar, 1000 Deer Hollow Boulevard, Southlake, TX; was present and spoke in support to this 630 item expressing concern on the health of our children. 631 632 Kalena Cook, 404 West Chapel Downs Drive, Southlake, TX; was not present to speak on this item 633 but submitted a Public Comment card in opposition of this item. 634 635 Mel Skaggs, 320 West Highland Street and 600 Llano Court, Southlake, TX; was not present to 636 speak on this item but submitted a Public Comment card stating their support for this item and 637 attached a letter read into the record " 638 639 Dear Sirs: 640 641 This letter is written to urge the P &Z Commission to promptly approve the pending XTO application 642 cited above, related to the Milner drilling site. My wife and I are 17 -year residents of Southlake, and 643 we believe that this proposal will benefit the City, CISD, and the residents of our City. 644 645 First, let me express my appreciation for the time that each of you is investing on the behalf of the 646 City and its residents. P &Z Commissioners are asked to contribute endless hours, trying to make 647 informed decisions on disparate topics. Thank you. 648 649 I am an environmental consultant and a Professional Engineer in Texas, and have worked in the 650 environmental management field for the past 33 years. I was responsible for health, safety, and 651 environmental activities at Maxus Energy through the 1990s. However, i have neither worked for nor 652 solicited work related to Barnett Shale activities, nor have I worked for any of the companies that 653 conducted leasing activities in this area. In short, I have reasonable experience in the field, but no 654 conflicts of interest. 655 656 We own a rent house at 320 West Highland relatively near the Milner property, and we reside at 600 657 Llano Court, which is about 4500 feet away. 658 659 I attended many of the meetings in which the Council work group developed the City's current gas 660 regulations. In these meetings, our council persons reported on their visits to Barnett well locations 661 in other area cities and their questioning of many responsible people about their experience with 662 Barnett wells and its related production activities. I listened as our City repeatedly wrote the most Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 13 of 19 663 restrictive requirements into our rules. When the most restrictive requirements in the area called for 664 600 foot setback restrictions, for example, our City wrote 1000 feet into its standards. Let it suffice 665 to say that I developed a high level of confidence in the protectiveness of our City's standards. 666 667 Some will argue against this proposal (and all other applications) on the basis that there are 668 unknown risks that should be avoided by not granting this permit. I would suggest that the unknowns 669 are really quite few and small with respect to Barnett well drilling and production. 670 671 When any human activity is done repetitively over and over again, the risks associated with the 672 activity become well understood, and ways of mitigating these uncertainties are developed, 673 implemented, and proven. At this time, give or take, there are approximately 14,000 Barnett gas in 674 North Texas, spread across more than 3,000 well locations. The substantive aspects of site 675 geology, reservoir conditions, gas quality, casing and cementing requirements, etc. are all well 676 understood. The Barnett gas can be accessed and produced safely, and this was well understood in 677 1998 when our City established its regulations. 678 679 Our economy requires energy to function and grow. I need, and I think we all need this country's 680 economy to grow to provide reasonable future opportunities for our children and grandchildren. For 681 years and years, I have heard alarmist arguments proffered against every kind of domestic energy 682 production that this country might consider engaging in. I believe that we have a societal obligation 683 to allow the safe production our domestic energy resources. 684 685 I believe XTO's Milner application should be promptly approved. With respect to the five requested 686 variances, I favor granting Nos. 1, 3, 4, and 5, and am equivocal on the screening requirements 687 request. 688 I appreciate the opportunity to express these views, and again wish to express my appreciation to 689 each of you for your service to our community. 690 691 Respectfully, 692 693 Mel Skaggs" 694 695 No one further from the audience came forward to speak. 696 697 Chairman Faglie closed the public hearing and called for further discussion. Commissioners 698 discussed safety issues and variance requests. 699 700 Chairman Faglie called for the applicant. 701 702 Walter Dueease, XTO, 810 Houston Street, Fort Worth, TX; was present and responded to the 703 Commission's questions. 704 705 Vice - Chairman Hudson reviewed the Commission's recommendations. 706 707 Walter Dueease, XTO, 810 Houston Street, Fort Worth, TX; was present and responded to the 708 Commission's questions. 709 710 Commissioner's continued discussion. 711 712 Chairman Faglie called for a break at 11:55 p.m. 713 Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 14 of 19 714 Chairman Faglie reconvened from break at 12:08 a.m. 715 716 Commissioner's continued discussion. 717 718 Made a motion to approve GAS10 -004, Specific Use Permit for Gas and Oil Drilling and Production 719 at the JGJ Unit subject to the staff report dated November 12, 2010; noting the following: 720 721 • The applicant's willingness to provide information on the previous violations regarding well 722 and drilling operations for State and Federal regulations; 723 724 • The specific use permit will be limited to five (5) years for completion of all wells at the pad 725 site; 726 727 • The applicant's willingness to provide the City data on the frac fluid recovery analysis; 728 729 • The applicant's willingness to provide the MSDS on all chemicals other than water used at 730 the site; 731 732 • The applicant's willingness to review periodically but no less than once every 3 to 5 years 733 opportunities to upgrade and improve equipment and to incorporate new technology 734 regarding safety and production; 735 736 • Subject to the testing of water wells both pre and post drilling and annually thereafter to 737 confirm the analysis for safety of the groundwater supply, or more often in the event of a spill 738 or a casing rupture, within 8,000 feet of the pad site — subject to the statistical significant 739 representative sample; 740 741 • The applicant's willingness to assist in the training of the first responders; 742 743 • Approving the applicant's request for an alternative material of crushed gravel for the access 744 driveway (as described in the ordinance) as opposed to only concrete; 745 746 • The applicant's willingness to install dig tape one foot above the trenched pipeline and 747 provide U.S. Department of Transportation and Texas Railroad Commission annual reports 748 to the City. 749 750 Chairman Faglie called for an Executive Session at 12:18 a.m. pursuant to the Open Meetings Act, 751 Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 752 753 Chairman Faglie reconvened from Executive Session at 12:31 a.m.; no action was necessary. 754 755 Commissioner Hudson amended his previous motion to include a time limit for providing 756 violation information requested to the last ten (10) years; subject to the Specific Use Permit / Site 757 Plan Review Summary dated November 12, 2010; and approving variances 1 -5 as requested. 758 759 Chairman Faglie called for an Executive Session at 12:36 a.m. pursuant to the Open Meetings Act, 760 Chapter 551, Texas Government Code, Sections 551.071 and 418.106(d) & (e). 761 762 Chairman Faglie reconvened from Executive Session at 12:42 a.m.; no action was necessary. 763 764 Motion: Hudson Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 15 of 19 765 Second: None 766 767 Motion failed due to lack of second. 768 769 Chairman called for an additional motion. 770 771 Made a motion to approve GAS 10 -004, Specific Use Permit for Gas and Oil Drilling and Production 772 at the JGJ Unit subject to the staff report dated November 12, 2010; noting the following: 773 774 • The applicant's willingness to provide information on the previous violations regarding well 775 and drilling operations for State and Federal regulations; 776 777 • The specific use permit will be limited to five (5) years for completion of all wells at the pad 778 site; 779 780 • The applicant's willingness to provide the City data on the frac fluid recovery analysis; 781 782 • The applicant's willingness to provide the MSDS on all chemicals other than water used at 783 the site; 784 785 • The applicant's willingness to review periodically but no less than once every 3 to 5 years 786 opportunities to upgrade and improve equipment and to incorporate new technology 787 regarding safety and production; 788 789 • Subject to the testing of water wells both pre and post drilling and annually thereafter to 790 confirm the analysis for safety of the groundwater supply, or more often in the event of a spill 791 or a casing rupture, within 8,000 feet of the pad site — subject to the statistical significant 792 representative sample; 793 794 • The applicant's willingness to assist in the training of the first responders; 795 796 • Approving the applicant's request for an alternative material of crushed gravel for the access 797 driveway (as described in the ordinance) as opposed to only concrete; 798 799 • The applicant's willingness to install dig tape one foot above the trenched pipeline and 800 provide U.S. Department of Transportation and Texas Railroad Commission annual reports 801 to the City. 802 803 Motion: Hudson 804 Second: Faglie 805 Ayes: McCown, Hudson, Faglie 806 Nays: Shafi, Hamel, Lancor, Springer 807 Abstain: None 808 Failed: 3-4 809 Motion: Motion to approve failed 810 811 Agenda Item No. 6 - ZA10 -046, Revised Concept Plan for Kimball Circle Estates: Clayton 812 Comstock, Planner II, presented this item to the Commission fora Revised Concept Plan for Kimball 813 Circle Estates on property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, 814 Abstract No. 529 Southlake, Tarrant County, Texas and being located at 703, 722, 730 & 750 South Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 16 of 19 815 Kimball Avenue, Southlake, Texas. The Current Zoning is "SF -20A" Single Family Residential 816 District. SPIN Neighborhood # 8. The Owner is Kimball Circle Estates, LLC. The Applicant is JDJR 817 Engineers & Consultants, Inc. 818 819 Agenda Item No. 7 - ZA10 -047, Preliminary Plat for Kimball Circle Estates: Clayton Comstock, 820 Planner II, presented this item to the Commission for a Preliminary Plat for Kimball Circle Estates on 821 property being described as Tracts 6G, 6H and 6K, John A. Freeman Survey, Abstract No. 529 822 Southlake, Tarrant County, Texas and being located at 703, 722, 730 & 750 South Kimball Avenue, 823 Southlake, Texas. The Current Zoning is "SF -20A" Single Family Residential District. SPIN 824 Neighborhood # 8. The Owner is Kimball Circle Estates, LLC. The Applicant is JDJR Engineers & 825 Consultants, Inc. 826 827 Jim Dewey, JDJR Engineers, 2500 Texas Drive, #100, Irving, TX; was present and spoke on this 828 item and was available to responded to questions from the Commission. 829 830 Chairman Faglie opened the public hearing. 831 832 Chairman Faglie read public comment cards into the record. 833 834 Karen Russo, 2100 Kimball Hill Court, Southlake, TX; submitted a Public Comment card stating they 835 did not wish to speak but wanted to record their support. 836 837 Dianna Young, 2105 Kimball Hill Court, Southlake, TX; submitted a Public Comment card stating 838 they did not wish to speak but wanted to record their support. 839 840 William Estonaker, 2112 Kimball Hill Court, Southlake, TX; was present and spoke in support of this 841 item. 842 843 Jerry Orler, 2128 Kimball Hill Court, Southlake, TX; submitted a Public Comment card stating they 844 did not wish to speak but wanted to record their support. 845 846 Patty Minder, 223 Eastwood Drive, Southlake, TX; was present and spoke in support of this item 847 stating that she lives on a one -way in /one -way out street and noted it was note safe. 848 849 No one further from the audience came forward to speak. 850 851 Chairman Faglie closed the public hearing and called for further discussion. No further discussion 852 took place. 853 854 Made a motion to approve ZA10 -046, Revised Concept Plan for Kimball Circle Estates, granting the 855 variance street frontage and subject to Revised Concept Plan Review Summary No. 2, dated 856 November 12, 2010 857 858 Motion: Hudson 859 Second: Lancor 860 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 861 Nays: None 862 Abstain: None 863 Approved: 7-0 864 Motion: Approved 865 Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 17 of 19 866 Made a motion to approve ZA10 -047, Preliminary Plat for Kimball Circle Estates, granting the 867 variance street frontage and subject to Plat Review Summary No. 2, dated November 12, 2010. 868 869 Motion: Hudson 870 Second: Lancor 871 Ayes: Shafi, McCown, Hudson, Hamel, Lancor, Springer, Faglie 872 Nays: None 873 Abstain: None 874 Approved: 7-0 875 Motion: Approved 876 877 Agenda Item No. 11 - ZA10 -057, Site Plan for Lot 3, Carroll - Greenwav Addition: Clayton 878 Comstock, Planner II, presented this item to the Commission for a Site Plan for Lot 3, Carroll - 879 Greenway Addition Southlake, Tarrant County, Texas and being located at 1281 East S. H. 114, 880 Southlake, Texas. The current zoning is "C3" — General Commercial. SPIN Neighborhood # 8. The 881 Owner is SL /Renda Properties, LLC. The Applicant is Design Duncan Miller Ullmann. 882 883 Scott Dorn, Duncan Miller Ullmann Design, 1203 Dragon Street, Dallas, TX; was present and spoke 884 on this item and was available to responded to questions from the Commission. 885 886 Chairman Fagiie opened the public hearing. 887 888 No one further from the audience came forward to speak. 889 890 Chairman Faglie closed the public hearing and called for further discussion. No further discussion 891 took place. 892 893 Made a motion to approve ZA10 -057, Site Plan for Lot 3, Carroll- Greenway Addition, granting the 894 requested variances to driveway spacing and tree canopy cover, and subject to Revised Site Plan 895 Review Summary No. 2, dated November 18, 2010. 896 897 Motion: Hudson 898 Second: Springer 899 Ayes: Shafi, McCown, Hudson, Hamel, Springer, Faglie 900 Nays: Lancor 901 Abstain: None 902 Approved: 6-1 903 Motion: Approved 904 905 Agenda Item No. 12 - Meeting Adjournment: Chairman Faglie adjourned the meeting at 1:12 a.m. 906 on November 19, 2010. 907 908 909 910 911 �l J 912 Darrell Faglie 913 Chairman 914 ATTEST: 915 916 Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 18 of 19 918 h,/ 2i i 64, ha{ f/‘. 919 StepiSanie J. Br barth 920 Secretary Planning and Zoning Commission Meeting Minutes — November 18, 2010 Page 19 of 19