M I N U T E S PLANNING & ZONING COMMISSION

M I N U T E S PLANNING & ZONING COMMISSION ITEM 1: CALL TO ORDER / ROLL CALL The regularly scheduled meeting of the Newcastle Planning and Zoning Commission was held on January 28, 2019. The meeting was called to order at 6:55 p.m.by Chairman Gordon. Roll Call: Chairman: Gordon Present Vice-Chairman: Karl Present Commissioner: Dennis Present Commissioner: Jared Present Commissioner: Will Present ITEM 2: CONSIDER APPROVAL OF AGENDA Gordon made the motion to approve the January 28, 2019, Agenda. Karl seconded the motion. ITEM 3: CONSIDER APPROVAL OF MINUTES December 17, 2018, Regular Meeting Karl made the motion to approve the minutes of the December 17, 2018 Regular Meeting. Dennis seconded the motion. - 1 -

ITEM 4: ITEM 5: REPORT OF CITY COUNCIL S DECISION ON PLANNING COMMISSION RECOMMENDATIONS OF LAST MEETING CONTINUANCE REQUESTS At Applicant s request, Item 14 and Item 15 will be continued to the next regularly scheduled Planning Commission meeting. ITEM 6: CITIZENS COMMENTS None ITEM 7: ITEM 8: LOT SPLIT/DEED APPROVALS Discussion and/or action Dawn Ellison pending Bob Roddenberger - TK approved DISCUSSION AND POSSIBLE ACTION ON AMENDMENT TO CHAPTER 153 SUBDIVISIONS; SECTION 153.053 REGARDING UTILITY PLACEMENT AND EASEMENTS IN A (AGRICULTURE), E-1 (SUBURBAN ESTATE RESIDENTIAL), E-2 (URBAN ESTATE RESIDENTIAL), AND E-3 (RESIDENTIAL ESTATE) ZONING DISTRICTS Gordon commented that this will be a discussion item tonight, as more changes need to be incorporated into the Ordinance. This Ordinance will replace the existing subdivision provisions for placement of utilities with a more detailed ordinance and addressing the placement of individual utility services in the utility easement. This will also help consolidate the provisions into one Ordinance to eliminate these provisions in two sections of the regulations. (draft of Ordinance 830 was presented for review.) Suggestions for changes include: 1. Section 153.053 (A)(1) should read Easements centered on rear lot lines may or can be provided instead of shall. This Ordinance also needs to consider utility easement allowed in the front yard (this is outlined in another section of the Code) inside the roadway easement. 2. Address easement placement in front or rear at Sketch Plat stage, not Preliminary Plat Stage. - 2 -

3. (B)(1) Possible cleanup regarding side lot lines. 4. (C)These provisions regarding the placement of utility easements need to be addressed in all zoning districts 5. (D) Location and depth of utility lines: (2) Placement of utilities in 20 ft. easements: take shall out of a, b, c, d, e, and replace with preferred placement. (3) Depth: All of this Section (D) needs to be reviewed. City needs discussions with the utility companies on their preferred depths for the lines. This item will be continued to the next meeting. ITEM 9: A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR REZONING FROM A (AGRICULTURE) TO E-1 (SUBURBAN ESTATE RESIDENTIAL) FOR JAMES M. COOK AND PAULA A. COOK, TRUSTEES LOCATED IN THE E/2 N/2 NW/4 SW/4 SW/4 OF SECTION 22, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA. PROPERTY ADDRESS: 1225 BELL DRIVE, NEWCASTLE, OKLAHOMA (R2019-001) Applicant, James Cook, presented the Application. Mr. Cook owns the 10 acre Tract currently zoned Agriculture. He is proposing to split 2.5 acres on the back of the property for his son to build a home; therefore, needing residential zoning of E-1. The 2.5-acre tract will front Bell Drive, which is a private road. The homeowners maintain Bell Drive. Staff recommends approval of this rezoning. There was no public comment. Gordon made the motion to recommend approval of the E-1 Zoning for James M. and Paula Cook. Jared seconded the motion. ITEM 10: A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR PHYSICAL THERAPY CENTRAL/KORTNY SUBLETT (PROPOSING - 3 -

TO LEASE ONE PRIVATE ROOM IN THE FACILITY) FOR THE PURPOSE OF A MASSAGE THERAPY FACILITY LOCATED IN THE SE/4 SW/4 OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA. PROPERTY ADDRESS: 3699 NW 32 ND STREET, NEWCASTLE, OKLAHOMA (UPOR2019-001) Applicant, Kortny Sublett presented the Application. Ms. Sublett is a Licensed Massage Therapist working with sports and medical massage therapies. She would like to move her business from Weatherford to Newcastle. She will be leasing one room from Physical Therapy Central, RaeAnn Thomas. Ms. Sublett will be accepting referrals from Physical Therapy Central as well as her own clientele. There was no public comment. Gordon made the motion to recommend approval of the Use Permitted on Review for Kortny Sublett. Dennis seconded the motion. ITEM 11: A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR THE LEE FARMS TRUST; BOBBY DON LEE AND CONNIE LEE TRUSTEES/NATIVE EXPLORATION OPERATING LLC CRAZY SNAKE 21-28-0904 1WXW FOR THE PURPOSE OF OIL AND GAS LOCATION LOCATED AT THE NE CORNER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA PROPERTY LOCATED: FROM THE INTERSECTION OF HIGHWAY 62 AND HIGHWAY 130, GO WEST 1 MILE TO THE NE/CORNER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 4 WEST, NEWCASTLE, OKLAHOMA (UPOR 2019-002) Sean Iago, Native Exploration Operating Land Manager, presented the Application for Use Permitted on Review for Oil and Gas Location for the - 4 -

Crazy Snake located on property owned by Lee Farms Trust in the NE/4 of Section 21, Township 9 North, Range 4 West. Emergency Orders have been granted by the Oklahoma Corporation Commission; however,r the Final Order has not yet been issued. Section 21 is being co-developed by Native (E/2) and EOG Resources (W/2). Native is still discussing with Lee Farms regarding the location of the well. Lee Farms is requesting a waiver to move the well location to the West of the Lee s residence (there is 900 ft. between the West boundary of the Lee s residence and the East boundary of the adjacent property. This location would not be in compliance with the current Oil and Gas Ordinance, but with a waiver from the Lee s to allow 270 feet from the Lee s boundary. Gordon commented that the Council has the power to waiver the distance. With discussions still in the process between Native and Lee Farms on the location to the West of the Lee s residence, the Planning Commission will consider the location as submitted to the OCC which is at the Intersection of Highway 130 and Country Club with the well road entrance off Country Club. Jared has concerns with the proposed well site location which is at the intersection of Highway130 and Country Club and the well road entrance. The access road entrance located at the crest of the hill on Highway 130 would be a better location which would be the West edge of the pad site. Planning Commission would recommend using Highway 130 for the entrance road. Property owner, Bobby Don Lee, commented that moving the pad site to the West would be a better location. Using the current location, uses too much of Mr. Lee s property that could possibly in the future be sold. The West site currently has an old well road in existence that could be used. Bill Velotta, attorney for Lee Farms, feels the West site location would be a better fit. The following provisions will be included in the Use Permitted on Review Permit: 1. Recommended truck route is to use State Highway 130 at the hill crest across from the pad site location. 2. Winged entrance to the well site shall have standard dimensions of approximately 130 ft. wide by 96 ft. deep. The entrance and drive shall have a 6-inch gravel base with 3-inch diameter rock to be used. In the event of a mud event during operations at this site, efforts should be taken with additional gravel to mitigate within 48 hours. - 5 -

3. During rig move in and move out, and high traffic volumes on Highway 130 (major traffic route to school systems), live flaggers shall be necessary at Highway 130 intersections. Road warning signs shall be installed both East and West on Highway 130. 4. Pad site shall have containment around tanks per EPA and Oklahoma Corporation Commission (OCC) requirements. {It is understood this requirement is 1.5 x the Largest Tank Volume.} It is noted that the OCC and the City of Newcastle interpret the Largest Tank Volume to be the total volume of tanks that are connected with piping. If the connecting piping contains NORMALLY CLOSED valves that prevent a common volume, then the total volume would be the volume of the largest single tank. If the valving is normally open, then it is the total volume of all connected tanks. 5. Signage will include emergency information and contacts and operator will coordinate with Police and Fire with updated list at 6-month intervals. 6. Operator will contact Fire Department and will coordinate and train for onsite familiarization of location. 7. Tanks allowed 6. Additional tanks may be added with coordination of City Staff. No City Road Agreement is needed because will be using State Highway 130. Gordon suggested using a sound barrier wall (STC-25 fencing panels) because the houses to the North of the proposed site are within range per the Ordinance (1,000 ft.) during drilling and completion operations. Add to above provisions: 8. An enclosed flair at post completion and build out of facilities. 9. 16 ft. STC-25 sound wall required if distance to protected use separation boundary is less than 1,000 ft. Wall shall be an insulated sound deadening wall, not a single metal sheet. Noise level shall not be greater than 75 db at the separation boundary. Planning Commission and Applicant would like clarification from City Council regarding pad sites and wellhead in relationship to separation boundaries, and protected uses. Public Comment: - 6 -

Bill Velotta, Attorney for Lee Farms, would like the well moved to the West of the Lee s residence. The proposed site is located in an area that floods. He would like a flood plain study done. He also commented on the noise levels in the area. (Mr. Velotta did not have copies of the new Oil and Gas Ordinances recently passed). Bobby Don Lee, surface owner, commented that this property is his home place and he runs cattle on the property. He also discussed the drainage problem on the property and onto Highway 130. He would like the site moved to the West location. He has been approached to sell this corner. A well site in the proposed location limits his possibilities of sale. An entrance is already established if the West location is used. Mr. Lee also commented that he has problems with the City of Newcastle s setback for the proposed location. With the current proposed setbacks on the proposed location, more of Mr. Lee s property will be hindered by a well site. (The North and East sides) Rusty Coleman, neighbor to the North, has issues with flooding and noise. Wes Cook, resident of Quail Run, commented that regardless of the location, a sound barrier needs to be installed. Karl commented that the proposed entrance is not safe. In addressing the location as submitted, but being aware that there is discussion between operator and property owner to move site to a westward location, it is noted that for the City Council s consideration that the Planning Commission would support moving the location to the West which would require a waiver of distance requirements as set out in the City s Oil and Gas Ordinances. The Planning Commission supports this because of several factors that will occur with the development of the East proposed site including water run-off, excessive construction activities for building pad, difficulties of having a safe entrance onto Highway 130, and the general misuse of highly developable property within the City of Newcastle. Regarding the proposed site presented in the UPOR#2019-002 Application, Gordon made the motion to recommend approval subject to the following provisions and conditions: 1. Recommended truck route is to use State Highway 130 at the hill crest across from the pad site location. 2. Winged entrance to the well site shall have standard dimensions of approximately 130 ft. wide by 96 ft. deep. The entrance and drive shall have a 6-inch gravel base with 3-inch diameter rock to be used. In the event of a mud event during operations at this site, efforts should be taken with additional gravel to mitigate within 48 hours. - 7 -

3. During rig move in and move out, and high traffic volumes on Highway 130 (major traffic route to school systems), live flaggers shall be necessary at Highway 130 intersections. Road warning signs shall be installed both East and West on Highway 130. 4. Pad site shall have containment around tanks per EPA and Oklahoma Corporation Commission (OCC) requirements. {It is understood this requirement is 1.5 x the Largest Tank Volume.} It is noted that the OCC and the City of Newcastle interpret the Largest Tank Volume to be the total volume of tanks that are connected with piping. If the connecting piping contains NORMALLY CLOSED valves that prevent a common volume, then the total volume would be the volume of the largest single tank. If the valving is normally open, then it is the total volume of all connected tanks. 5. Signage will include emergency information and contacts and operator will coordinate with Police and Fire with updated list at 6-month intervals. 6. Operator will contact Fire Department and will coordinate and train for onsite familiarization of location. 7. Tanks allowed 6. Additional tanks may be added with coordination of City Staff. 8. An enclosed Flair at post completion and build out of facilities. 9. 16 ft. STC-25 sound wall required if distance to protected use separation boundary is less than 1,000 ft. Wall shall be an insulated sound deadening wall, not a single metal sheet. Noise level shall not be greater than 75 db at the separation boundary. 10. Efforts should be made to mitigate water problems caused by the operation. No City Road Agreement is needed because well be using State Highway 130. Karl seconded the motion. No No - 8 -

ITEM 12: A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR CASTLE FAMILY TRUST/NATIVE EXPLORATION OPERATING LLC SCARFACE 9-4-0904 1WXW FOR THE PURPOSE OF OIL AND GAS LOCATION LOCATED AT THE NE/CORNER OF THE N/2 N/2 SE/4 OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA PROPERTY LOCATED: FROM THE JUNCTION OF HIGHWAY 37 AND HIGHWAY 76, GO 1 MILE SOUTH, THEN 2 MILES EAST, THEN.5 MILES SOUTH TO THE NE/CORNER OF THE SE/4 OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 4 WEST, NEWCASTLE, OKLAHOMA (UPOR 2019-003) Item 12 and Item 13 are proposed oil and gas wells located on the same pad site and will be addressed together. Sean Iago, Native Exploration Operating Land Manager, presented the Application for Use Permitted on Review for Oil and Gas Locations for the Scarface and Red Elk on property owned by the Castle Family Trust located in Section 9, Township 9 North, Range 4 West. Native Exploration has a Surface Agreement with the Castle Family Trust. The pad site is 400 x 400. There are no structures within 660 feet of the wellhead. There are structures within the 1,000 feet of the separation boundaries that will require a sound barrier to the SE and possible NE of the pad site. The wellhead is 820 feet to the nearest residence. There was discussion on the best access to well site. Several sites were proposed, but Highway 37 to Country Club discussed was the best route. Access to the pad site will be South of an existing pond on Mr. Castle s property. Gordon commented that strobe lights need to be put on both towers during operations because the pad site is on the edge of a flight path. Public Comment: Derrick Lea, resident to the South of the pad site, has questions on the distance requirements from boundaries and wellhead. He has concerns on the proposed lease road placement that abuts his property. He also has questions on machinery placement on the pad site as well as the bridge on Country Club. Mr. Lea would like the lease road moved farther North of his North property line. - 9 -

Surface owner, Bob Castle, commented that the property North of the pond has been ruined by the turnpike. Too much water runs along the North. He would like the access road located as proposed. Planning Commission has questions to direct to the City Council regarding clarification of distances from wellhead, protected uses, and separation boundaries as well as clarifications on these definitions. After further discussion, Gordon made the motion to continue Items 12 and 13 with the Applicant s consent to the next regular Planning Commission meeting of February 25, 2019. Karl seconded the motion. ITEM 13: A PUBLIC HEARING TO CONSIDER AN APPLICATION FOR USE PERMITTED ON REVIEW FOR CASTLE FAMILY TRUST/NATIVE EXPLORATION OPERATING LLC RED ELK 9-16-0904 1WXW FOR THE PURPOSE OF OIL AND GAS LOCATION LOCATED AT THE NE/CORNER OF THE N/2 N/2 SE/4 OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 4 WEST, I.M., MCCLAIN COUNTY, OKLAHOMA PROPERTY LOCATED: FROM THE JUNCTION OF HIGHWAY 37 AND HIGHWAY 76, GO 1 MILE SOUTH, THEN 2 MILES EAST, THEN.5 MILES SOUTH TO THE NE/CORNER OF THE SE/4 OF SECTION 9, TOWNSHIP 9 NORTH, RANGE 4 WEST, NEWCASTLE, OKLAHOMA (UPOR 2019-004) See Item 12. ITEM 14: DISCUSSION AND POSSIBLE ACTION ON FINAL PLAT OF WYNDEMERE STORAGE At Applicant s request, this item will be continued to the next regularly scheduled Planning Commission meeting in February. ITEM 15: DISCUSSION AND POSSIBLE ACTION ON FINAL PLAT OF WYNDEMERE PHASE IV - 10 -

At Applicant s request, this item will be continued to the next regularly scheduled Planning Commission meeting in February. ITEM 16: DISCUSSION AND POSSIBLE ACTION ON FAÇADE REQUIREMENTS continued Continued ITEM 17: DISCUSSION AND POSSIBLE ACTION ON SETTING DATE FOR NEXT SPECIAL MEETING None ITEM 18: NEW BUSINESS Jaren inquired about the regulations after the rig is gone from the well site. (NW 24 th Street) ITEM 19: OLD BUSINESS None ITEM 20: ADJOURNMENT Gordon made the motion to adjourn the meeting at 10:15 p.m. Jared seconded the motion. - 11 -