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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-12/14/2009City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colle yville. com ;~~K~ _- '~ r _._.~-- t~~,:+ Meeting Agenda Monday, December 14, 2009 5:30 PM City Council Chambers Planning and Zoning Commission City of Colleyville City Hall ' ,~ 100 Main Street yip ~~~~~ Colleyville, Texas 76034 Meeting Agenda 817.503.1000 ,, ,.,, vaww.colleyville.com Planning and Zoning Commission Monday, December 14, 2009 5:30 PM City Council Chambers 5:30 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES November 23, 2009 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a TABLED -Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 City of Colleyville Page 1 Prinfed on 12/11/2009 Planning and Zoning Commission Meeting Agenda December 14, 2009 7b TABLED -Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 8. JOURNMENT I hereby ertify the a ve agenda was posted on the bulletin boards at City Hall on Frida ,December 11, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 12/11/2009 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~ ~, {~~ _ ~ ~~~ t~,~"; Minutes -Draft Monday, November 23, 2009 6:15 PM City Council Chambers Planning and Zoning Commission ~~~=~"`-~ City of Colleyville -- Minutes -Draft ~k~'..~ Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, November 23, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Dudziak on Monday, November 23, 2009 at 7:07 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus and David Phelps Absent: Commissioner Jeff Byerly Staff Present: Ron Ruthven, Sarah Coplen, Jeremy Hutt, Rob McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the November 9, 2009 meeting minutes with corrections on pages 4, 5, 9. 11 and 12. Commissioner Clardy seconded. City of Colleyville Page 1 Printed on 11/24/2009 Planning and Zoning Commission Minutes -Draft November 23, 2009 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Absent: 1 -Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a minor plat being 2.3 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-013 Sarah Coplen presented the case and briefed the Commissioners. Larry Stewart, the applicant, came forward to present the case and brief the Commissioners. Commissioner Phelps questioned Mr. Stewart regarding what direction will the house face on Lot 1? Mr. Stewart replied not knowing at this time, however, he thought it may face Bransford Road. Commissioner Redfearn moved to approve case PC09-013. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Absent: 1 -Byerly 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of an amendment to the PUDR-Planned Unit Development Residential zoning and development requirements for the Cambridge Place Addition located in the 600 block of Centerpark Drive, Case ZC09-016 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff, for clarity, what is the address of the subject lot? Ron Ruthven replied 624 Creekview Lane. Commissioner Dudziak opened the public hearing at 7:16 p.m. David Gaona, the applicant representing Mr. and Mrs.Gray, came forward to present the case and brief the Commissioners. Discussion occurred between Commissioner Clardy and Mr. Gaona City of Colleyville Page 2 Printed on 11/24/2009 Planning and Zoning Commission Minutes -Draft November 23, 2009 regarding the considerations regarding the construction of the patio. Commissioner Phelps questioned Mr. Gaona regarding if he has a letter of approval from the Architectural Board? Mr. Gaona replied no, not at this time. He stated he has a verbal approval. There being no one wishing to speak, the public hearing was closed at 7:18 p.m. Commissioner Knox moved to approve case ZC09-016. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Absent: 1 - Byerly 9. TABLED AGENDA ITEMS 9a TABLED -Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 The applicant was not ready for this item to be removed from the table therefore the Commission did not open this item for discussion. 9b TABLED -Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 The applicant was not ready for this item to be removed from the table therefore the Commission did not open this item for discussion. 10. ADJOURNMENT The meeting adjourned at 7:20 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 20, 2009 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 11/30/2009 ' ~ /+ ~y~,~,A~~ ss ~+~ty Of C~~~eyV~~~e City Hall 100 Main Street Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Tabled Version: 1 Requester: Community Development Department Agenda Date: 12/14/2009 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: TABLED -Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 a Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-04-1484 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/14/2009 Planning and Zoning Commission 1 10/12/2009 Planning and Zoning Commission 1 11/09/2009 Planning and Zoning Commission 1 11/23/2009 Planning and Zoning Commission 1 12/14/2009 Planning and Zoning Commission Title TABLED -Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 Explanation Update The Planning and Zoning Commission tabled this request at the September 14, 2009 meeting in order for the applicant to provide more detailed information. Changes have been made to several items including: the building height and allowable square footage of Phase I and Phase II, the parking within Phase I and Phase II, and the landscape for Phase I and Phase II. These changes have been incorporated into the briefing and draft ordinance and are summarized as follows: Phase One Construction -The front office and/or retail building has been reduced from an 18,000 square foot building to a 14,000 square foot building. The location of the propane City of Colleyville Page 1 Printed on 12/11/2009 Agenda Briefin_g Continued storage tank and the proposed rental vehicles has been added to the conceptual site plan. Phase One Parking -Previously, the applicant was required to provide 130 parking spaces and provided only 79 parking spaces. With the existing site plan, the Land Development Code requires 87 parking spaces. Currently, the applicant has provided 93 parking spaces which includes parking for eight (8) rental trucks. Phase Two Construction -The self storage building has been reduced from athree-story 30,000 square foot building to a two-story 28,000 square foot self-storage building. Phase Two Parking -The previous site plan had no parking spaces within Phase II. In the current site plan, the applicant has provided four (4) parking spaces to adhere to the requirements set by the Land Development Code. Phase One and Phase Two Landscaping -The applicant has updated the landscaping to meet the minimum requirements of Chapter 4 in the Land Development Code. Explanation. Santos Martinez submitted a request to change the zoning of 8.131 acres located at 1801 Industrial Boulevard and 6405 and 6401 Colleyville Boulevard. The applicant is requesting to rezone the property from the ML-Light Manufacturing zoning district, the PUDC-Planned Unit Development Commercial zoning district, and the CC-1-Village Retail zoning district to the PUDC-Planned Unit Development Commercial zoning district. The applicant is seeking the zoning change in order to expand the existing self storage facility and add office and retail uses along Colleyville Boulevard with office/warehouse uses to be located between the self storage units and the proposed office/retail uses. Existing Conditions. The subject property is composed of three lots. The property located at 1801 Industrial Boulevard is platted, developed as Additional Self Storage and is zoned PUDC-Planned Unit Development Commercial, CC1-Village Retail and ML-Light Manufacturing. The property located at 6405 Colleyville Boulevard is unptatted, contains a psychic shop and is zoned CC1-Village Retail and PUDC-Planned Unit Development Commercial. The property located at 6401 Colleyville Boulevard is unptatted, undeveloped and is zoned CC1-Village Retail. Platting. The unptatted portions of the subject properties will be required to be platted upon approval of the rezoning request and prior to the issuance of any building permits. Existing PUD Requirements. Ordinance 0-04-1484 was approved in November, 2004 for 1.28 acre portion of the subject property. The ordinance permits the following uses: - A sales office building with four model storage units - Outside storage of recreational vehicles, boats and watercraft - Truck rental - Propane refilling station Although the applicant requests to maintain the provisions of Ordinance 0-04-1484 for this PUD request, the draft ordinance repeals Ordinance 0-04-1484 in order to incorporate City of Colleyville Page 2 Printed on 12/11/2009 Agenda Briefing Continued additional properties and to include the new standards described below. Proposed Development. The applicant proposes to add four new buildings to the existing self storage facility which consists of twelve buildings. The proposed new buildings include the following: Phase One Construction (as shown on conceptual site plan): - One (1) two-story 14,000 square foot office and/or retail building -Two (2) one-story 20,000 square foot office showroom buildings Phase Two Construction (as shown on conceptual site plan): - One (1) two-story 28,000 square foot self-storage building This provision has been added to the draft ordinance. Proposed Land Uses. The applicant proposes the following land uses: - Auto, truck or trailer rental - Office showroom - Self-storage - Propane refilling station - Outside storage of recreational vehicles, boats and watercraft - All uses permitted within the CC2-Shopping Center district The applicant states that the hours of operation for the proposed truck rental would be Monday through Saturday between the hours of 8:30 a.m. and 6:00 p.m. and on Sunday between the hours of 9:00 a.m. and 1:00 p.m. General uses will be permitted per each proposed building as indicated on the conceptual site plan. No height was given for the propane storage tank. Therefore, staff recommends that the tank height not exceed 35 feet, which is the maximum height allowed for a commercial structure in the Land Development Code. These provisions have been added to the draft ordinance. Parking and Access. According to the conceptual site plan, 97 parking spaces are proposed for the development, not including the existing spaces along Industrial Blvd. No more than eight (8) of the 97 parking spaces may be utilized for any vehicle or trailer rental sales business. These spaces are located along the northern property line, forty feet from SH26. Based on the current site plan, the Land Development Code requires 91 parking spaces. Staff recommends that all rental vehicles be located behind the structure located closest to SH26 in order to screen the vehicles from the view of traffic. This provision has not been added to the draft ordinance. City of Colleyville Page 3 Printed on 12/11/2009 Agenda Briefing Continued The existing self-storage business is currently accessed via Industrial Blvd. The proposed new buildings would be accessed from SH26. The applicant will be required to obtain driveway permits from the Texas Department of Transportation (TxDOT) in order to access SH26. The conceptual site plan shows two points of access from SH26. All required fire lanes must meet the minimum requirements of the Land Development Code and the Fire Code. Any gates installed as part of this development shall be installed with an Opticom system and shall meet the minimum requirements of the Land Development Code. Staff recommends that a mutual access easement be required along the entire length of the southernmost portion of the subject property where it is adjacent to property zoned CC1-Village Retail. Additionally staff recommends that mutual access easements be required adjacent to all other properties with frontage along SH26. This provision has been added to the draft ordinance. Traffic Impact. According to The Institute of Transportation Engineers publication Trip Generation, a 7,000 square foot shopping center would be expected to generate 350 trips per weekday, on average. Additionally, 7,000 square feet of general office space would be expected to generate 253 trips per weekday, on average. A 40,000 square foot office showroom would be expected to generate 198 trips per weekday, on average, and a 28,000 square foot self-storage building would be expected to generate 65 trips per weekend day, on average. Based on these averages, a development composed of 14,000 square feet of retail shopping center and office, 40,000 square feet of general office, and 28,000 square feet of self-storage would add approximately 866 vehicle trips per day to the surrounding roadways. This is a maximum estimate. Open Space. The Land Development Code requires a minimum of 20% open space for a PUD-Planned Unit Development district. According to the conceptual site plan, this development proposes an open space area equal to 11.1 % of the total development, which is 8.9% below the minimum requirements of the Land Development Code. Landscaping and Buffering. The applicant proposes a five (5) foot landscaped buffer along the entire southern property line and along the eastern property line where it is adjacent to property zoned or used for residential purposes. The applicant proposes to plant evergreen shrubs within the buffer per Chapter 4 -Landscaping and Buffering in the Land Development Code. According to Chapter 4 -Landscaping and Buffering, a 20 foot greenbelt is required to be located along SH26, which is indicated on the conceptual site plan. Fences, Walls and Screening. The applicant proposes to construct an eight (8) foot masonry fence along all property lines adjacent to the existing residential properties. This meets the minimum screening requirements of the Land Development Code. Exterior Building Elevations and Design. The applicant has provided proposed building elevations for the new structures. These elevations have been added to the draft ordinance. In addition to the proposed elevations, staff recommends that all buildings meet the minimum design requirements of Chapter 6 -Building Design in the Land Development City of Colleyville Page 4 Printed on 12/11/2009 Agenda Briefin4 Continued Code. Additionally, staff recommends that, as required by Ordinance 0-04-1484, all building exteriors be composed of a minimum of 75% masonry materials. Finally, staff recommends that the colors of the both the roofs and the exterior walls of the new buildings be of a medium to dark hue of brown, black or maroon, where a natural stone or brick color is not displayed. These provisions have been added to the draft ordinance. Sidewalks. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System Map, a minimum five (5) foot sidewalk is required to be constructed along Colleyville Boulevard and Industrial Boulevard adjacent to this development where none exist. All sidewalks and trails must be installed and/or improved when any new structures are built. Drainage. The developer has submitted a preliminary drainage analysis of the site. This analysis has been reviewed and accepted by the engineering department. Construction plans for drainage improvements will be submitted as part of the platting and building permit process. Master Plan. The Colleyville Plan designates this property for future industrial, retail and office uses. Based upon the conceptual site plan, the proposed zoning request would essentially be in compliance with the future land use plan. Surrounding Properties. The surrounding properties represent a variety of uses. The properties to the north and west are zoned ML-Light Manufacturing and CC-1-Village Commercial and are developed with offices, retail and warehouse facilities. The properties to the south are zoned PUDR-Planned Unit Development Residential and are developed as townhomes and single family residences. Properties to the east are zoned ML-Light Manufacturing and AG-Agriculture and are developed as warehouse and light manufacturing uses as well as a single family residence. Public Notification. Staff mailed notices to 52 adjacent property owners within 200 feet of the subject property regarding this request. Notice will be published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The proposed development complies with the future land use designations of the Master Plan. Many of the provisions of Ordinance 0-04-1484 have been carried over to the draft ordinance. The applicant has addressed many of the requests made at the September 14, 2009 meeting in providing more specific information on the conceptual site plan. Recommendation Approval, with the conditions stated in the draft ordinance. City of Colleyville Page 5 Printed on 12/11/2009 Aaenda Briefing Continued City of Colleyville Page 6 Printed on 12/11/2009 Location and Zoning Map 2003 200/ I ' 2aoa AG +5312 ~~ ,~.,t- ~ =PUDC m 6120 PUDR 17a2 6125 6117 Sites AG R20 631 ~3gp s30s 6309 6304 6305 6212 ~~ 6300 6301 . ~ ~. S22a 6219 6216 6216 6210 6 6215 62'12 6211 6208 6212 2oa2 2aa3 200 2000 2aa 1 6216 &211 51 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Boulevard Animal Hospital Pc 6413 Colleyville Blvd Colleyville TX 76034 006413 Colle ille Blvd Combined Enterprises 1802 Industrial Blvd Colleyville TX 76034 001800 Industrial Blvd Sparks Southwest Inc 1804 Industrial Blvd Colleyville TX 76034 001804 Industrial Blvd Geneva Realty Mana ement 1808 Industrial Blvd Colleyville TX 76034 001808 Industrial Blvd Diva Properties Ltd 1812 Industrial Blvd Colleyville TX 76034 001812 Industrial Blvd Ingram, Beverly 212 Stratford Ct Hurst TX 76054 006409 Colleyville Blvd Shafipour, Foad Mark 1009 Turnberry Ln Southlake TX 76092 006407 Colleyville Blvd Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Blvd Luers, Dennis R 1419 Thistlewood Ln Grapevine TX 76051 001901 Industrial Blvd Land, Brad 813 Holly Ridge Ct Keller TX 76248 001813 Industrial Blvd Horn, Billy J 2604 Fm 514 Yantis TX 75497 001809 Industrial Blvd Tierney, Thomas A 1709 Industrial Blvd Colleyville TX 76034 001709 Industrial Blvd Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 006407 Colleyville Blvd # C Loftin, Stacey B Etux Ronda 6306 Wyatt Dr Colleyville TX 76034 006306 Wyatt Dr Derrick Malone 6301 Colleyville Blvd. Colleyville TX 76034 006301 Colleyville Blvd teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr Vh Properties Lp 1616 Pecan Crossing Colleyville TX 76034 006312 Brazos Ct Vh Properties Lp 1616 Pea Colleyville TX 76034 006308 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 002041 Fountain Pass Dr Kac Colleyville Jv 4008 Cochran Heights Ct Dallas TX 75220 6255 Colleyville Blvd Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001619 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001617 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001621 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001625 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001629 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001633 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001637 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001641 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001721 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001725 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001729 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001733 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001737 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001841 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001845 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001741 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001821 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001825 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001829 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001833 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001837 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001901 Fountain Pass Dr Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Dreiling Realty LIc 90 Casa Ln Colleyville TX 76034 001905 Fountain Pass Dr Dreiling Realty Llc 90 Casa Ln Colleyville TX 76034 001909 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001913 Fountain Pass Dr Psj Properties P.O. Box 92481 Southlake TX 76092 006304 Brazos Ct Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001732 Fountain Pass Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001601 Pecan Crossing Dr Silveroak Land Company Lp 61 Piazza Ln Colleyville TX 76034 001534 Pecan Crossing Dr Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006225 Colle ille Bfvd Colleyville Properties Llc 3145 Geary Blvd Ste 531 San Francisc CA 94118 006221 Colleyville Blvd Santos Martinez, applicant 900 Jackson #640 Dallas TX 75202 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley Statement of Planning Objectives Colleyville Boulevard, between Industrial Boulevard and Oak Point Drive The property owner seeks approval of a conceptual development plan for a new planned development district. The new district would incorporate an existing PUD-C and amend the commercial zoning along Colleyville Boulevard. The current uses and structures will remain on the property while detailed development plans are developed. Currently, most of the uses are operating on a one year lease while this project is under consideration. The proposed planned development district would allow retail and office uses along Colleyville Boulevard. These uses would be consistent with a CC-2 zoning district and limited to the area identified as phase I. A conceptual design of a two story 14,000 square feet of office and retail uses is proposed within this portion of the property. The remainder of phase I abuts an existing self-storage warehouse facility. This includes RV and Boat storage. This conceptual development would transition into this existing use with office showroom buildings. The conceptual plan would allow for two office showroom buildings at a maximum of 20,000 square feet each and one story in height. The owner has listed a transportation use to allow a U-Haul Truck Rental tenant to operate within phase I. The truck rental use would operate Monday thru Saturday between the hours of 8:30 a.m. to 6:00 p.m. It would operate on Sunday between the hours of 9:00 a.m. to 1:00 p.m. The owner also seeks to retain the retail sale of propane within phase I. The truck rental and propane sales would be placed along the northern property line of Phase I. Phase II of this conceptual plan would be a continuation of the self storage use with one new building. This new building would have a maximum of 28,000 square feet and be limited to two stories. Afire lane will be constructed to serve this new building. A five foot landscape buffer will be placed along the perimeter of Phase II. This conceptual plan identifies an eight foot solid screening wall between all warehouse and storage uses and the adjacent residential development to the south. An eight foot solid screening fence is maintained along the south property line in conjunction with the existing self storage units. The property owner will maintain the existing live oak trees along the south property line adjacent to the existing self storage units. Due to the placement of fire lanes, a five foot landscape buffer will be maintained along the southern property lines of Phase I and II. However, landscape requirements for evergreen plants or trees will be maintained in these areas. All landscape and buffer requirements along Colleyville Boulevard can be satisfied with this request. This zoning request will comply with all required parking regulations for each proposed use. Allowable Uses in New Planned Development District Permitted Land Uses The following land uses shall be permitted within this PUD-C, provided the layout of the buildings and uses are consistent with the conceptual site plan. 1. All uses identified within a CC-2 zoning district. 2. Auto, truck, or trailer rental 3. Office showroom 4. Self storage facilities (mini-warehouse) 5. Propane refilling station 6. Outside storage of recreational vehicles 7. Outside storage of boats and watercraft Conceptual Site Plan ~~ ~w ~ ~~ ~ k f J1 ~~_ ~ . _~ r ~ ._..# ~r ;; a 0 __~ y a, W kk 2' e ,.~ ~~ ~. {ra 3~ Z ~` .~ ~ x; ~ ~ - . ..,. ~ ~ ~~ 3 } ~~cc fig ~ ___ _._ ._ . _,.~. _ . _ . _.. ~ ~ ? 9 3 ~ ( ~ wi~~ 1 ~~ d%~ ~~ ~ ~~~ .I`LL ~ :.a ~ ~, ~& , 5 3~ ~~~ ~~~ ~xal~~~ ~ ~ ~~~~ ~ ~ ~ ~ a ~ ~,~~ J a~ ~, f '~ ~ ~ g ' a i LL i _ _. _ - I v ~ ~~ __ } _ ~, '# ~ ~ ~ ~ E t __ _ ;, ~ ,~ y 1 ~~ ~ ~ ~ i M _._ m "~° O ~ a~ ~, ~ CN +~«+, n~ ~ ~ ~ a ~ ~ Z ~ 3 ~ gy ~ e a 7 ~j 'Sa P,~ SR: {~~tt ill ~ X ~ 7 ~ ~'$ n ~ 4} c m3 3# 1~ o t ~3. ~ S r p __ _ 4. a~, m i t ~/~ k . ti \ ~~~~ ~ i ~ ' / /~ W Q. ' I p . `s ~ •~ ' O ~ 1 I ~ ~: .~ ~.LL Lt ~ •~ i. T A ~ W V f :K E Y~v52 tS5 ` 1 • •~ [ oa..x Y ~ _ ___ ~ ~ ~ ~ ~~ ~ ~~ ~,~ ,. I '~ ~ ~, 1 < ~"~:~ , ~ ~ ~ ~, 2 ~ \ ~ .. .~ d i~ 1, ~ k iti` ip5ty ~+. '.~ 1 ~t 4 ~ ~ f 3 I `1, I'. i I;' 3~ ~, s= €~ :~ ,- '~ a Wd?~,l t~'i ~. ~:f F~i ~ ~a~i~ W{~ t ~ 0 ~~. F{I i ~~i Sii ~. ~ a U~~ ~ ~J~~ ~" Qr> < i 1 ~ Z;Fa ~i L ~4 ~' zt, ; ~a~;~~ i i~I:iCt }~~ ., ~ ~; ~ -, ^,...~ 31~~.; Building Elevations ~~~~~ ~~~ ~~ ~ Q~~ Sggt ~ ~ {~ _13~ ~"el F ~ ^"~~ ~~~ ~~~ 4 _e ,, ~du0 Q~g ~Z~~S E ~_. . ,_ .. ~ ~~g~w^ ~-~,~ _. . ~L„~3/~ /'~ ~~LLZ "r- C} W ..... .. ,. ,. _ U 4 !l. '. W (J3 '. '. O '. W L1C d ' J V .. Q O 4 .. <L CL ~ -; ~ _ W' ~ W ,. ~. O J ~ ~ ',. ' ~ '. ' ,,. ~i !. ~ Z O 1- I ~ ~ Q o J _„ ~ W Ili J W J - W J H ,, Q a J r , v, z:' t>; ' z ' t o~ Q~ ~ ~ ~ o~ ~ __ ~'' ORDINANCE 0-04-1484 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.28 ACRES OUT OF THE ABSALOM J. LOTT SURVEY, ABSTRACT 963, FROM THE AG AGRICULTURAL AND CC1 VILLAGE RETAIL COMMERCIAL DISTRICTS TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Additional Self Storage, Ltd., on August 30, 2004, under Case No. Z-04-031, and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds as shown on the attached Exhibit "B", by changing the zoning of said property from the AG Agricultural and CC1 Village Retail districts to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an office and a self storage facility as spec~cally stated in this ordinance. Ordinance 0-04-1484 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED LAND USES The following land uses shall be permitted within this PUD-C, provided the layout of the buildings and uses are consistent with the site plan shown on Exhibit "C": (1) One monument sign constructed in accordance with the sign regulations contained in the Land Development Code (2) Asales-office building, with four model storage units (3) Customer parking (4) Paved surface for ingress and egress (5) Outside storage of recreational vehicles (6) Outside storage of boats and watercraft (7) Truck rental (8) Propane refilling station 3 CONCEPTUAL SITE PLANS. PLATTING AND PHASING OP DEVELOPMENT a. The arrangement, location, and footprint of buildings within this PUD-C shall be generally as shown on the attached Exhibit "C" and Exhibits "D1-D2". b. The building elevations of the sales office and model storage units shall be generally as shown on the attached Exhibits "D1- D2". c. No development permits for any additional structures or uses within this PUD-C shall be approved except by a subsequent amendment to this ordinance which has been approved by the City Council in accordance with the procedures and requirements of the Colleyville Land Development Code. d. Prior to the issuance of any development permits within this PUD-C and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. Ordinance 0-04-1484 Page 3 of 4 4. LANDSCAPING AND FENCING a. The developer shall construct a five (5)-foot wide landscaped greenbelt adjacent to the south property line. The greenbelt shall contain evergreen plant material, of five (5) gallon in size, planted on thirty-six (36) inch centers in accordance with Exhibit ~,C~~ b. The developer shall construct an eight (8)-foot tall masonry fence adjacent to the south property line. The new fence shall match the existing fence. The fence shall be constructed up to the security gate entrance, as shown on Exhibit "C". 5. GENERAL DEVELOPMENT CRITERIA a. The regulations for the ML Light Manufacturing zoning district shall be applicable to this PUD-C, except where modified by the provisions of this ordinance. b. The thirty (30)-foot wide portion of the property shall be used only for driveway access, customer parking and asales-office building. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes shall be approved by the Fire Marshal. c. The exposed exterior walls of the office building must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. The building design shall be generally consistent with the conceptual building elevations, attached as Exhibits "D1-D2". d. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. e. Not more than eight (8) trucks for rental shall be parked or stored on the property. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Ordinance 0-04-1484 Page 4 of 4 j Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. first reading and public hearing being conducted on the ~~ day of 2004. The second reading and 2004. public hearing being conducted on the ~'~ day of ATTEST: Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: 'l Ro s T. Oster City Attorney Mayor EXHIBIT A -ZONING MAP EXHIBIT B -METES AND BOUNDS DESCRIPTION ADDRESS: 6403 Colleyville Boulevard, COLLEYVILLE Texas. LEGAL DESCRIPTION TRACT 1(FROM AG TO P[JD-C) BEING a portion of the A. J. LOTT SURVEY, Abstract No. 963, is the City of Colleyville, Tarrant County, Toxaa, and being that acme tract of land convoyed to R K RoynoWs by deed recorded in Vohune 6435, Page 122, Deed Records, Tammt County, Texas, described by metes and bounds as follows: BEGINNING at a 1/2 inch steel rod for the northwest corner of said R. K Reynolds tract and being the northeast comer of Lot 1, Block 1, T'II~TICER CROSSING, ea addition to the City of Colleyville, Tarrant County, Taxes, as recorded in Cabinet B, Slide 1564, Plat Records, Tarrant County Texas; ' T1~IENCE North 88 degrees 54 minutes 32 seconds Eeat,1S7.41 feet to a S/8 inch steel rod found; THENCE North 88 degiaea 57 mimttea 00 seconds East, 127.41 feet along the common line wid- Lot R 141, Block 1, COLI:,EYVILLE INDUSTRIAL PARK, an addition to the City of Colleyville, according to the plat recorded is Vohtme 388-190, Psge 14, Pint Records, Tarrant County, Texas, 124.71 foot toe 1/2 inch steel rod found; THENCE contimting along acid Lot R-141, South 00 degrees 23 miuuted 07 seconds East, 162.47 feet to a 1/2 inch steel rod set capped T. Vogt is the south lice of said A. J. LOTT SURVEY, THENCE slung the south line of said LOTT SURVEY, South 89 degoes S4 minutes 54 Seconds West, 293.14 feet m a 1/2 inch steel rod set capped T. Vogl THENCE North 03 degrees 37 minutes 13 seconds East, passing et 29.86 feet a 1!2 inch steel rod for the southeast corner of said Lot 1, Block 1, TII~IKER CROSSING, and continuing along tlm east line of said Lot 1, Block 1, for a total distance of 157.93 feet to the POINT OF BEGINNING and containing 1.054 acres of land more or less. LEOAL DESCRIPTION TRACT 2 (FROM CC 1 TO PUD-C) BEING a strip of lead deacn'bed as a road is Deed recorded in Vohmne 6435, Page 122, Deed Records, Tarrant County, Texas, described by metes and bounds as follows; BEGINNING at a 1/2 inch steel rod found for the southeast corner of Lot 1, Block 1, TINKER CROSSING, an addition to rho City of Colkyville, Tarrant County, Texas, according to the Plat Recorded in Cabinet B, slide 1564, Plat Records, Tarrant County, Texas; THENCE South 03 degroea 37 mimrtea 13 seconds Weak, 29.86 feet to a 112 inch steel rod set capped T. Vogt on the South line of the A. J. Lott Survey, Abstract No. 963; THENCE South 89 degrees 54 minutes 54 aecoads West, along the South lice of said Survey, 347.32 feet to a 1/2 inch steel rod found in the Southeasterly lino of State Highway No. 26; TT~NNCE North 29 degrees 16 mimrtea 00 seconds East, with said highway, 31.60 feet to a 5/8 inch steel rod found; THENCE North 89 degroes 31 minutes 43 seconds East, with the South line of said Lot 1, Block 1, TINKER CROSSING, 333.77 feet to the POINT OF BEGINNING and containing 0.2239 acres of land, more or less. EXHIBIT C --CONCEPTUAL SITE PLAN ---a I'( i ,. a ~r J r ~ ~, I u ..~ r I ~- t' .. ~ ~ ~ i ~ - E - ...... ~ N (~ U _ ~ •' 1 i i ~ .. Z N V ~ J W _ .} 3 ~ W , J ~ ~' ' '' ' } ', ! ~ ' , ~ t ~/~ (~ N ._~ ~ `- - _..`._.._.... i r U ~ it ~• ~ ~ i iu •1 Y ~s; '. ~> i ; a I ~ ~1 "'~ ~ T r ~ ~. _~ ~,~ ` I, i7 , , .~ u .. '- ,^~: t. ti :~ << ~,~ ~~ ~ ~~ w i 4 1 ~ ,Y I. BAG it ~~ - 3 ~ ... u v ' ?; is '`•!D i~ " ;~ ..7/i i ~' iY ; ' :~ ! ~ f .. ~ t• r. i j ~ .~ ~'. I ~f f i ~ 'Y` ' y li// 1 t ` s ~ ~:. 7. - ~ ~ / tY ` L!. ~ s,. ~ f. ~ ~ ~ ~ Q ~,~=,- . i ``~` ,: j ` ~ a, :,~ ~, ~_` `~.` ~.y :yam ~ `;:,^ ~ ; • J; ` "S s is ~\~.. ` / ~ ~ / EXHIBIT D1 -CONCEPTUAL BUILDING ELEVATIONS .9~.. ii ^. ~ ~ ' ~ C1 - r . _.+ .. ~ 'I 1 ' . ~ - _ ;~ ~ ~ ' 7 .. t rr l9 i ' Q z , ~ ~ ~ ~{ i ~ ~I J~ ~ ?! ~ ~' ~iu If l _ ~ _ i 0 a ~ ~ w it ~ W i, ~u~}• ~ ~~ ~ zi + ,_ , ~ ~: ~,, ~~~ zl o,, .._ _ < -- u t ~, m i i ~ ~y ~0 R~iµ, ; i aim +~ ~~ , d ] !! `0 h ~ ~ ~ ~ Ul ~ o f ; ./ li d;~ ~ i~ ~f H~ , L ~ i~ LL ~~ s1 ..... ~ ~~ ~ ~ m~ ~ ~~ ~~ ~~ ~~~ ~ ~ ~~ a g~ ~~~ 4§~ i ~~ ~~ ~ ~~ ~ ~1~wr ~~~I k -~~ ~~ ~,~ ~~~ ~ }~ ~~~. EXHIBIT D2 -CONCEPTUAL BUILDING ELEVATIONS ORDINANCE 0-09-XXXX AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCE 0-04-1484; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACTS 2B AND 2B02, ABSTRACT 963 OF THE ABSALOM J. LOTT SURVEY AND LOT R-14-2, COLLEYVILLE INDUSTRIAL PARK ADDITION FROM THE ML-LIGHT MANUFACTURING DISTRICT, CC1-VILLAGE RETAIL DISTRICT AND THE PUDC- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC- PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-010; and WHEREAS, Ordinance 0-04-1484 is hereby repealed in its entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Ordinance 0-09-xxxx Page 2 of 7 Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Tracts 2b and 2b02, Abstract 963 of the Absalom J. Lott survey and Lot R- 14-2, Colleyville Industrial Park Addition from the ML-Light Manufacturing District, CC1-Village Retail district and the PUDC-Planned Unit Development Commercial zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted in Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinance 0-04-1484 is hereby repealed in its entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for retail, office and self-storage uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the conceptual site plan attached as Exhibit "C". Ordinance 0-09-xxxx Page 3 of 7 b. All subject properties that are not platted as of the passage of this ordinance shall be platted in accordance with provisions of this ordinance and the Land Development Code prior to the issuance of any building permit. 3. PERMITTED AND PROHIBITED USES The following land uses shall be permitted within this Planned Unit Development: 1. All uses permitted in the CC2-Shopping Center district 2. Auto, truck or trailer rental 3. Office showroom 4. Warehouse 5. Self-Storage facilities 6. Propane refilling station 7. Outside storage of recreational vehicles, boats and watercraft The permitted land uses shall be allowed on the subject properties per the use designations labeled on the buildings shown in Exhibit "C". 4. BUILDING LAYOUT AND USE SPECIFICATIONS a. The following new buildings shall be allowed as described below and depicted on Exhibit "C": Phase One Buildings 1. Building One -Maximum Size: 14,000 square feet Permitted Uses: Retail and General Office Maximum Retail area: 7,000 square feet Maximum Office area: 7,000 square feet Maximum Height: Two story, 35 feet 2. Building Two -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet 3. Building Three -Maximum Size: 20,000 square feet Permitted Uses: Office Showroom, Warehouse Maximum Height: One story, 35 feet Ordinance 0-09-xxxx Page 4 of 7 Phase Two Building 1. Building One -Maximum Size: 28,000 square feet Permitted Uses: Self-Storage Maximum Height: Two story, 30 feet. 5. BUILDING DESIGN a. All building designs shall be generally consistent within the elevations shown in exhibit "D". b. Building designs shall meet the minimum articulation requirements of Chapter 6 -Building Design in the Land Development Code. c. For any new buildings, exterior building colors, including roof-tops, shall be of medium to dark hue of brown, black or maroon. Otherwise, exterior colors shall match the natural color of the stone or brick construction. d. The exposed exterior walls of all buildings must be constructed of 75% masonry material. Window and door openings shall not be included in the calculation of the area of the wall. 6. PARKING a. All rental vehicles must be parked along the northernmost property line of the subject property and shall not be parked closer than 40 feet from the right-of-way State Highway 26. b. This development shall provide a minimum of 97 parking spaces. c. Except where noted above, all parking shall meet the minimum requirements of the Land Development Code. 7. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. Ordinance 0-09-xxxx Page 5 of 7 $. LANDSCAPING, BUFFERING AND OPEN SPACE a. The developer shall construct a five (5) foot wide landscaped greenbelt adjacent to the south and east property line adjacent to existing residential properties. The greenbelt shall contain live plant material of the evergreen variety which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on 36 inch centers. b. Except where noted above, all required landscaping shall meet the minimum requirements of Chapter 4 -Landscaping and Buffering in the Land Development Code. c. This development shall provide a minimum of 11 % of open space. 9. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along Industrial Blvd. where none exists prior to the issuance of the certificate of occupancy for any new structures. b. A minimum five (5) foot sidewalk shall be constructed along SH26 prior to the issuance of the certificate of occupancy for any new structures. 10. FENCES AND SCREENING a. A minimum eight (8) foot masonry fence shall be constructed along the south and east property line adjacent to existing residential properties prior to the issuance of any certificate of occupancy. 11. GENERAL DEVELOPMENT REQUIREMENTS a. The thirty (30) foot wide southernmost portion of the property shall be used only for a fire lane. This area shall not be used for the parking or storage of rental trucks, recreational vehicles or boat trailers. b. The location and width of all fire lanes and the installation of any gates shall meet the minimum requirements of the Land Development Code and the Fire Code and shall be approved by the Fire Marshal. c. The outside storage area for recreational vehicles, boats and watercraft shall contain no more than forty (40) covered parking spaces. Ordinance 0-09-xxxx Page 6 of 7 d. Not more than eight (8) trucks for rental shall be parked or stored on the property. All rental vehicles shall be stored behind the building located closest the State Highway 26 such they are screened from the view of traffic. e. The hours of operation for any truck rental operation shall be as follows: Monday through Saturday: 8:30 a.m. to 6:00 p.m. Sunday: 9:00 a.m. to 1:00 p.m. The location of the propane refilling station shall be adjacent to the northern property line as shown on Exhibit "C". The propane storage tank shall not exceed 35 feet in height. The storage tank shall not be closer than 100 feet from the right-of-way of State Highway 26. g. Prior to the issuance of any building permit for any buildings deriving primary access from SH26, a driveway permit shall be obtained from the Texas Department of Transportation (TxDOT). h. A mutual access easement shall be located along the southernmost property line where it is adjacent to property zoned CC1-Village Retail as of the passage of this ordinance. Otherwise, mutual access easements shall be located adjacent to all properties with frontage along SH26. If not dedicated as part of a plat, said easements shall be dedicated by separate instrument prior to the issuance of the C of O for any new structure. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-09-xxxx Page 7 of 7 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2010. The second reading and public hearing being conducted on the 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map PUQC 6500 / ~ ~OU3 ii + ~, fi2tt~ PUDG ft24 {~`coi ~ ,. M1 n ' 631 e~q ' ° ~ ~ ;' ~ fi~:~s Ati ~ ~~~ 621 ,F~, PuoR ! ; 32 r'i{i~ Gs0`, 6292 ,x„ q~ 63C'0 t31J1 812» '1=`-' E2 0 6210 .. r.21~+ 1216 X215 ~~12J 6 ~~ ~~ X €211 621 b215 62.,2 cZG`~ 6117 8212 EXHIBIT "B"- Legal Description SUBJECT PROPERTY DESCRIPTION BEING a tract of land in the A. J. Lott Survey, Abstract No.963, in the City of Colleyville, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point on the southeast line of State Highway No. 26 (100 foot right-or-way), said point being at its intersection with the south line of the A. J. Lott Survey, Abstract No. 963; THENCE North 29°16'00" East along the southeast line of said State Highway No. 26, a distance of 31.60 feet to a point for corner; THENCE North 89° 31' 43" East along the south line of Lot 1 in Block 1 in the Tinker Crossing Addition, a distance of 333.77 feet to a point for corner on the east line of said Lot 1 in Block 1; THENCE North 03° 37' 13" East along said lot line, a distance of 128.07 feet to a point for corner on the north line of said Lot 1 in Block 1; THENCE South 88° 54' 32" West along said lot line, a distance of approximately 269.46 feet to a point for corner on the southeast line of State Highway No. 26; THENCE in a northeasterly direction along said State Highway No. 26, a distance of approximately 206.63 feet to a point for corner on the south line of Lot 16-R-2 in Block 1, Colleyville Industrial Park Addition; THENCE North 89° 40' 00" East along said lot line, a distance of approximately 466.23 feet to a point for corner; THENCE North 00° 34' 00" West, a distance of 260.06 feet to a point for corner on the south line of Industrial Boulevard (60 foot right-of--way); THENCE North 89° 26' 00" East along the south line of Industrial Boulevard, a distance of 300.00 feet to a point for corner; THENCE South 00° 34' 00" East, a distance of 260.06 feet to a point for corner; THENCE North 89° 26" 00" East, a distance of approximately 111.1.6 feet to a point for comer; THENCE South 00° 58' 06" East, a distance of 337.07 feet to a point for corner; THENCE South 89° 54' S4" West, a distance of 1067.94 feet to the POINT OF BEGINNING, and containing approximately 8.322 acres of land. EXHIBIT "C"- Concecptual Site Plan y ~ ' ~ ~~ ~ ~g j s z ~ ~ ggg s~ ~~ k° ~a ~~ ~ 'a s ~§ 4 SSS ~ ~ s ~ ~ ] dd ~ "y Y ~ 4 c,g ~ ~ ~`" ~r'_t yy C J '~ r ~ Y a t f ~'~ a S~ f 5 ~ '~ ~ ~~- / ~ w ~~ O ~ ~ )f ~ ~p~` ~ ~ °~ SS ~ .'~ ~~~~ ~ € A ~ ... C o ~~~ 4 ~ ~ ~ 1 ~_.. . YE X ~ 4 ... . ~ ~.,~~ ~ (/~ I. s ~ 16 ~ ~t i , i ~ ~ ~~ _ - _ ~~ ~ , ~ ~~ ;: ~ x < i r :, ., , - ~. ~ `~ ~ ~ _ ~ ;~ ~ 3 t .~ ~ ( __ . ~i i € 1 t ..~ <Yt ~._ .. ~ f ~ ~ ,~~ o.. a i a ~~~ ~ ~ j i ~ x ~' ~ ~ ~ ~ ~ ~ r _ ~ fr w ~' ~ W ~ ~~ Y ~ R ~ Q 4 ~ m ~ ~ I: .c .. ~ ~~ x ~ ~ ~Y~ fl~ 0 g 1 LL . C ~ ~ C ~ ai ~ ~ I - r~ ~ - 'O C9 -~~ ~ } ~_ ~~t ~ qyv ~~~~ ~ ~ ~ i ~~ pq ~ m ~ ~ sir ~ - I ~ I c ~ ~ .j ~ ~ ;~ ~ ~ I ; ~ ~ ~ ~ i; ' - t ~ s a Iii 1 9 1. °° a' ~' i! ~.- i !: ~ ~ R ,, ~.~ `i i '1 _.. ~. ~~_ `' ~ I ~ .., __, ~ '~ .. ~ i ~ ~ ~ ~; '~. , , ti~ y l~ ~ ~`"~ .. ~ ~~.J ~~ 01~oE~ ~ , a ~P !. ta~o a~ Z W ~-a ~ -~~ ia~'4 r<1~1r EXHIBIT "D"- Building Elevations ol.~~~ ~' ~~, ~ Ike n~ ~~~ ~ I~ 9FJ~'~ ~=i~~II i~~~ `'il ~ t~ g,~ ~~I~il~ ~~ _ City of Colleyville , ~~ ~ City Hall 100 Main Street ~~ ; 5 _ F Colleyville, Texas 76034 ~~ ~ ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Tabled Version: 1 Requester: Community Development Department Agenda Date: 12/14/2009 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: TABLED -Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 Attachments: Location and Zoning Map Notification List Letters of Opposition Summary of Letters of Support Compilation of News Media Articles Statement of Planning Objectives Letter from Property Owner Site Plan Transportation Plan Landscape Plan Grading and Erosion Control Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 11/09/2009 Planning and Zoning Commission 1 11/23/2009 Planning and Zoning Commission 1 12/14/2009 Planning and Zoning Commission Title TABLED -Approval of a request for a Special Use Permit for a gas well site on 53.2 acres in the Hall Medlin and William E. Crooks Surveys located at 7612 Pleasant Run Road, Case ZC09-011 Explanation Update The applicant has requested that this item remain tabled in order to provide the information requested at the November 9, 2009 Planning and Zoning Commission meeting. Staff has updated the correspondence received regarding the request. Staff has also attached a collection of newspaper articles that have been published within the past few months that pertain to various environmental issues concerning gas wells. The applicant has requested that this item remain tabled in order to provide the information requested at the November 9, 2009 Planning and Zoning Commission meeting for the next meeting to be held on Monday, December 14, 2009. City of Colleyville Page 1 Printed on 12/11/2009 Agenda Briefin4 Continued Titan Operating, LLC has submitted an application for a Special Use Permit (SUP) for a gas well drilling and production site on 53.2 acres located at 7612 Pleasant Run Road. As part of the request, the applicant proposes to establish a well drilling and production site and a fresh water fracturing pond with initial construction proposed to begin in the third or fourth quarter of 2010. This agenda item is to consider the SUP request only. The actual process of permitting the individual gas wells at this site is a separate process that will require separate permits approved by staff. The permitting process for the individual gas wells requires the gas operator to demonstrate compliance with the technical details, safety issues and other regulations as indicated in Chapter 3.1 of the Land Development Code. Existing Conditions. The subject property is owned by the Quenichet family and is currently zoned AG-Agricultural and is not platted. The property currently contains a 2,019 square foot single family residence and along with a barn. Review of Gas Well Drilling Operations. Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 10 feet of each other and can access areas 360 degrees from the well site much like spokes on a wheel. - Drilling operations include the initial vertical penetrations of approximately 8,900 feet to the Barnett Shale and horizontal drilling up to 6,000 feet which allows for the reaching of subsurface properties more than a mile from the well head. Drilling typically lasts 30 days and involves 24 hour drilling operations. However, site development, which includes the erection of major drilling towers, installation of sound reducing devices, drilling and other activities, may only occur between 7:00 a.m. and 7:00 p.m. Monday through Friday and 9:00 a.m. to 5:00 p.m. on Saturday. - Fracturing operations involve pumping massive amounts of pressurized water and sand into the well head that stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days and may involve flaring to make the gas ready for production. - Gas pipelines are required to be constructed in order to get the gas transported to market; they must be built directly to the gas well site and connected and distributed to major markets. - Production is the final process whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does, however, require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. Drilling Site Plan. The site plan indicates a two acre pad site where drilling and production will occur. As indicated on the site plan, the pad site and all operations are surrounded by a six foot City of Colleyville Page 2 Printed on 12/11/2009 Agenda Briefing Continued solid screening fence with eight feet along the southern boundary where it faces the Quenichet residence. The site's access road off of Pleasant Run Road will consist of a 24 foot wide concrete approach with the remaining 380 feet of road constructed of milled asphalt or crushed concrete. The gate is proposed to be located 100 feet from Pleasant Run Road. The fenced drilling area will be paved with crushed limestone during operations. Staff recommends that the entire road be composed of an all-weather, 24 foot wide, asphalt or concrete surface during drilling with a fire approved turn-around with the final road surface and production pad (where the final water tanks are located upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. This provision has been added to the draft ordinance. The site will also contain construction trailers, mud pits, pipe racks and pipe storage, crew housing and the drilling apparatus which will be up to 137 feet tall. All equipment will be removed from the site upon completion of drilling activities. The applicant proposes to drill up to 13 wells over a five to seven year period. The site will be graded to include a retaining wall along the northern end closest to Big Bear Creek. Staff recommends that the exterior of the retaining wall be composed of natural stone or pressed concrete/masonry that resembles natural stone. Fracturing Operations. All fracturing operations will be performed on the drill site and completely contained within the pad site. Water utilized for the fracturing operations will come from a fresh water well to be drilled by the applicant and from the City water supply to paid for by the applicant. All fresh water will be stored in a 2.9 acre fresh water pond to be created by the applicant. The applicant will be required to upgrade the existing six inch water service line that serves the property to an eight inch water line. Pipelines. The site plan indicates a pipeline easement running westward from the drilling site then south across the subject property to the adjacent property. However, the applicant has not determined the final location of the pipeline route. The applicant states that the pipeline route will be determined prior to the commencement of production activities. Staff recommends that, as a requirement of this SUP, a separate pipeline plan be submitted for additional approval by the City Council prior to construction of any pipelines. Production/Operation Site Plan. The production site includes the two acre site to be surrounded by a six foot solid screening wall. The site will contain up to 13 water storage tanks at 16 feet in diameter and eight feet in height. In addition to the tanks there will be a meter run and a horizontal separator, all surrounded by an impervious liner. The final production site may be operational for 20 to 30 years. Noise Mitigation. The applicant intends to abide by the minimum requirements of Chapter City of Colleyville Page 3 Printed on 12/11/2009 Agenda Briefing Continued 3.1 with regard to noise mitigation. Chapter 3.1 requires that noise levels not exceed 65 decibels (dB) for drilling operations, 85 dB for fracturing operations and 55 dB for production operations. All measurements are taken at 300 feet in all directions from the drilling and production site. Staff recommends that, during the drilling and fracturing phase, in order to reduce noise, the applicant install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. Landscaping, Screening and Tree Preservation. The applicant will be required to mitigate for all trees removed or damaged on the site. The applicant intends to leave as many existing trees as possible in place to provide natural screening from the site. The applicant intends to plant 50 native trees and 61 native shrubs around the drilling and production site prior to the beginning of drilling operations. Upon completion of drilling operations and prior to production, the applicant proposes to plant 126 trees at four inches in diameter within the production site. As stated above, the applicant intends to install a six foot solid screening wall around the drilling and production site with eight feet on the southern end adjacent to the Quenichet residence. Staff recommends that the wall to be installed prior to the commencement of well production be an eight (8) foot masonry wall installed around the entire site. Sidewalks and Trails. According the Colleyville Pathways Plan, a ten (10) foot wide trail is required to be constructed along Pleasant Run when any new primary structures are built. Staff recommends that the trail be constructed as a condition of the Special Use Permit. Signs and Lighting. As required by Chapter 3.1, the applicant intends to install a sign at the entrance that identifies the site and includes contact numbers for the gas well operator and emergency services. The applicant intends to direct all lighting inward toward the well site. Lighting will be required to be placed so as not to disturb adjacent properties. Staff recommends that, when not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Avaiation Administration. Access and Transportation. The applicant states that during drilling operations there will be 40 truck loads over two days between the hours of 9:00 a.m. and 3:00 p.m. with an average of 3.3 trucks per hour for both move-in and move-out. Otherwise, there will be personal vehicles entering and leaving the site for 10 workers on a daily basis. During the fracturing process, there will be 40 truck loads per day for six days per well for move-in and move-out and over a 24 hour period during actual fracturing days. During the production phase, there will be 0.5 trucks per day per well - or 6.5 trucks per day for 13 wells. City of Colleyville Page 4 Printed on 12/11/2009 Agenda Briefing Continued The proposed truck route for the well site will run as follows: To the well site -south on SH26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the well site. The route from the well site will reciprocate the route to the site in reverse. Staff agrees that the proposed route will provide the least impact to the City's street infrastructure and neighborhoods and is also the safest route for large trucks given the turning radii for each street intersection. As required by Chapter 3.1, a road remediation fee shall be paid to the City of Colleyville for all projected road damages as determined by the Public Works Director. Platting Requirement. Staff recommends that the 53.2 acre Quenichet property be platted as a condition of the SUP request. Platting will enable the City to exact the necessary right-of-way and easements to ensure sound development of the both gas well request and any future development of the property. The property owner has sent a letter expressing their opposition to the platting requirement. Staff has added the platting requirement to the draft ordinance. Environmental Impacts. The applicant has provided an erosion control and grading plan that has been accepted by the Engineering department. In addition to a retaining wall around the north portion of the site, the applicant intends to install erosion control fencing and check dams to prevent soil erosion and silt contamination of Big Bear Creek. The well site must meet all federal, state and City air quality standards. Chapter 3.1 prohibits the venting of any gas into the air except as allowed by the State of Texas regulations for gas wells as enforced by the Railroad Commission. The State regulations allow for gas to be vented into the air during the fracturing process only. This venting process is called flaring and is allowed to occur for up to six days during the fracturing process. As its name implies, flaring involves the burning of natural gas as it leaves the well head. In order to insure compliance with all air quality standards, staff recommends that a third party air quality inspector, to be paid for by the applicant, perform periodic air quality inspections of the site area during all phases of the drilling operation. With regard to seismic activity, the applicant states that there is no seismic activity anticipated. Although there has been unprecedented seismic activity within the Barnett Shale in the past two years, there are no studies of record that have drawn a scientific correlation between drilling activity and seismic events. Regarding the fresh water pond, the applicant proposes to stock the pond with fish in order to mitigate any possible mosquito breeding. The applicant proposes to address dust issues through the use of dust control agents such as soil sement or crushed concrete. Site Inspections. Staff recommends that all required site and equipment inspections be performed by a certified, professional third party inspection company approved by the City and funded by the applicant. City of Colleyville Page 5 Printed on 12/11/2009 Agenda Briefing Continued Waiver Requests. The applicant is requesting a waiver to the separation requirement from a residence. According to the site plan, the Quenichet residence will be 248 feet from the proposed well heads. Chapter 3.1 requires a minimum 1,000 foot separation. There are no other residences within 1,000 feet of the well head in the Clty of Colleyville. Given that the Quenichet family has approved of the location of a well on their property, staff recommends approval of this waiver. Separation Distances from Southlake Structures. The following is a detailed listing of structures and amenities in Southlake that are within 1,000 feet of the proposed well heads: Seven single family residences -the closest home is 845 feet from the closest proposed well head. A private park and two tennis courts -the closest park boundary and the tennis courts are 400 feet from the closest proposed well head. Surrounding Properties. The surrounding properties consist of residential and agricultural uses. The properties to the west are zoned PUDR-Planning Unit Development Residential and contain single family residences. Properties to the north are located in the City of Southlake and are zoned R-PUD-Planned Unit Development Residential and SF20A-Single Family Residential and are developed as single family residences and a private park. The properties to the east are zoned AG-Agricultural and contain agricultural uses. The properties to the south are zoned AG-Agricultural and contain agricultural uses. Public Notification. Staff mailed notices to 22 adjacent property owners regarding this request. Staff also sent a courtesy notice to the City of Southlake. All property owners adjacent to the proposed transportation route were notified as well. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 304 letters of support and a summary of those letters has been attached to this briefing. Staff has received 191etters of opposition and one petition with 17 signatures of opposition regarding this request. Summary of Staff Recommendations. (1) The entire access road shall be composed of an all-weather, 24 foot wide, asphalt or concrete surface during drilling with a fire approved turn-around with the final road surface and production pad (upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. (2) The exterior of the retaining wall shall be composed of natural stone or pressed concrete/masonry that resembles natural stone. (3) The applicant shall be required to upgrade the existing six inch water service line that serves the property to an eight inch water line. (4) A pipeline plan shall be submitted for additional approval by the City Council prior to City of Colleyville Page 6 Printed on 12/11/2009 Agenda Briefing Continued construction of any pipelines. (5) During the drilling and fracturing phase, in order to reduce noise, the applicant shall install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. (6) The final wall to be installed prior to the commencement of well production shall be an eight (8) foot masonry wall installed around the entire site. (7) The 53.2 acre Quenichet property shall be platted as a condition of the SUP request. (8) In order to insure compliance with all air quality standards a third party air quality inspector, to be paid for by the applicant, shall perform periodic air quality inspections of the site area during all phases of the drilling operation. (9) All required site and equipment inspections shall be performed by a certified, professional third party inspection company approved by the City and funded by the applicant. (10) When not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Avaiation Administration. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 7 Printed on 12/11/2009 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Monticello Homeowners Asn Inc 1800 Preston Park Blvd Ste 101 Plano TX 75093 7717 JEFFERSON CIR Davis, Jerry Don Etux Toma D 7801 Jefferson Cir Colleyville TX 76034 7801 JEFFERSON CIR Ferrell, George Etux Linda 7709 Jefferson Cir Colleyville TX 76034 7709 JEFFERSON CIR Stewart, Bret A Etux Dee 7707 Jefferson Cir Colleyville TX 76034 7707 JEFFERSON CIR Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 7409 PLEASANT RUN RD Fagan, Lawrence Jr Etux Sharon 203 Rochelle Ct Colleyville TX 76034 203 ROCHELLE CT Haynes, Michael E Etux Sonja C 7705 Jefferson Cir Colleyville TX 76034 7705 JEFFERSON CIR Mason, Dale Etux Sherri 7702 Jefferson Cir Colleyville TX 76034 7702 JEFFERSON CIR Short, Joseph T Etux Julie 7703 Jefferson Cir Colleyville TX 76034 7703 JEFFERSON CIR Parker, S R Etvir R L Mayfield 7700 Jefferson Cir Colleyville TX 76034 7700 JEFFERSON CIR Estes, Steven L Etux Ruth 7701 Jefferson Cir Colleyville TX 76034 7701 JEFFERSON CIR Johnson, Stuart Etux Carole 7504 Monroe Ct Colleyville TX 76034 7504 MONROE CT Lang, Barbara 7502 Monroe Ct Colleyville TX 76034 7502 MONROE CT Lowe, Jonathan 7500 Monroe Ct Colleyville TX 76034 7500 MONROE CT Thompson, Philip K Etux Dana E 7501 Monroe Ct Colleyville TX 76034 7501 MONROE CT Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7504 PLEASANT RUN RD Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7404 PLEASANT RUN RD Hawkins, Vincent Etux Kimberly 204 Madison Sq Colleyville TX 76034 204 MADISON SQ Tuttle, Robert S Etux Billie J 202 Madison Sq Colleyville TX 76034 202 MADISON SQ Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 304 JOHN MCCAIN RD Staab, James Etux Lanese Turne 205 Madison Sq Colleyville TX 76034 205 MADISON SQ Chang, Wesley En-Tse 203 Madison Sq Colleyville TX 76034 203 MADISON SQ City of Southlake 1400 Main St. Suite 310 Southlake TX 76092 courtesy notice Chris Hammack, Tital Operating LLC 111 West Fourth St. Suite 300 Fort Worth TX 76102 applicant Public hearing notices were mailed on Friday, October 30, 2009 by Amy Shelley. Letters of Opposition November 9, 2009 Community Development Department City of Colleyvllle 100 Main Street Colleyvllle, TX 76034 RE; SUP application case ZC09-011 Dear Sirs: I would like to register my objection to the referenced gas well site special use permit application. The notification I received arrived at my home on Monday, November 2, 2009. This Is less than the 10 day notiflcatlon required by the Colleyvllle Development Code. As such my neighbors and I have not had time to thoroughly review the application. A couple of items I think the Commission should consider in the case Include noise, line of site, and height of the proposed drilling rig. The city's gas well regulations stipulate a maximum noise level adjacent to the drill site. The regulation does not consider the existing noise levels in the area. The area between the proposed drill site and our home is primarily a clear pasture that offers an almost direct line of site from the back of out lotto the proposed drilling location. I could not find any regulation of the height of the drilling rig. The proposed rig will be clearly visible and lighting from the rig may shine into our windows. Thank you far your consideration. Jo y and Julie Short 7703 Jefferson Cr. Colleyvllle, TX 76034 ~~~~ f ............. November 6, 2009 Community Development Department City of Colleyville i 00 Main St Colleyville, TX 76034 RE: Zoning Case No. ZC09-Ol 1 Applicant: Chris Hammack Location: 7612 Pleasant Run Road Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for a Gas Well Site PROTEST The undersigned is a property owner of land within the 200 foot notification area in the above-referenced zoning case. I hereby formally protest the zoning request and respectfully request that the application for the requested zoning of AG-Agricultural with a Special Use Permit for a Gas We11 Site be denied or subject to the approval of a super majority vote by the Colleyville City Council. The environmental impact of gas well drilling, including possible exposure to the carcinogen benzene recently discovered within the natural gas of the Barnett shale, as well as disruption of the peace, quiet, and beauty of our neighborhoods, will irreparably damage the reputations of Colleyville and Southlake as desirable places to live. Sincerely, r ' ~. Ted Peters 1500 S. White Chapel Southlake, Texas 76092 f~EC~IVE a~ ~ `tt 4~ ~ .~,,,,-~ ~1~C ....,.,.t.~,. HILLS OF MONTICELLO HOMEOWNERS ASSOCIATION November 6, 2009 Community Development Department City of Colleyvilie 100 Main St Colleyville, TX 76034 Re: Protest of Zoning Change ZC09-01i Gentlemen: I am writing on behalf of the Monticello Homeowners Association (MHA) regarding the proposed surface drill site location in the City of Colleyville that is currently before the Colleyville Zoning Board. The MHA has been advised that Titan Operating has requested a change in zoning as well as a special use permit to locate this drill site within 1000 feet of the MHA lands located in Southlake, Texas. MHA includes residents located within both Colleyville and Southlake, Texas The NINA common land borders the Quenichet property with more than 20% of the land. We are filing a protest prior to the public hearing which therefore will require a super majority vote to approve this zoning change by the City Council as in compliance with state law. Furthermore, both the City of Colleyville and the City of Southlake have passed 1000 foot set backs for any surface drilling activities near community residences, parks and schools. Titan's request for a Special Use Permit before the Colleyville Zoning Board is clearly violative of both the spirit and the actual intent of the express wording of both municipal regulations. Your attention is immediately requested. Yours truly, AI Zit sident Mo ti o Womeowners Association cc: City of Colleyville Zoning board The Law Office of Leff Lacy, P.C. The Hills of Monticello Homeowners Association E-Moil. P.O,E3ox 254 wFt35iT[ wtivw.monticellohoa.r..am Colleyville Texas 76054 r.-~ ~$` .m...~~._.~.n Al & Phyllis Zito 501 Potomac Place Southlake, TX 76092 $17-421-5735 ~~~~ November 6, 2009 Community Development Department City of Colleyville 100 Main St Colleyville, TX 76034 RE: Zoning Case No. Applicant: Location: Present Zoning: Requested Zoning: ZC09-011 Chris Hammack 7612 Pleasant Run Road AG-Agricultural AG-Agricultural with a Special tJse Permit for a Gas Well Site PROTEST This is sent regarding the above Zoning Case concerning 7612 Pleasant Run Road in Colleyville. I am writing as a landowner whose residence is in proximity to the acreage for which a zoning change has been requested by the Applicant. Back round However the Applicant, as representative for Titan Operating, LLC ("Titan"), is describing the requested zoning modification, Titan is aiming to place a heavy industrial use in a residential area. The proposed use would be disruptive and one that would import chemicals, flood plain disturbance, high pollution spillage, and truck traffic to residential communities on both the Colleyville and Southlake sides of Big Bear Creek. Colleyville And Its Environment Colleyville is a city which is rightly proud of its heritage and its preservation of natural areas. As the Quality Of Life section of the 2025 Master Plan ("Plan") notes, for citizens of Colleyville, "generous open spaces and peaceful neighborhoods are priority items." Placing more than 50 acres of land under high density industrial development is directly contrary to this basic tenet of Colleyville's governance. The Colleyville Plan also points out that "there is very little area in Colleyville with suitable industrial characteristics to support a large industrial campus." Without question, that is an accurate statement. The 2003 Colleyville land use survey showed only 35 acres of industrial use. Here, Titan is proposing to exceed that total, in one inappropriate location, by nearly 20 acres. This is a red flag of unacceptable land use. _ ~, The term "Drill Site" does not convey the extent of what Titan is proposing. The Titan filing includes a monster of a well site - 2 acres in area - as well as multiple well heads, 250 BBL tanks 16 feet in diameter and 8 feet high, construction trailers, pipe racks, a crew house, a diesel generator, mud pits, and a derrick 137 feet tall. This is essentially an enormous factory floor which will surround a"derrick which will rise over all neighborhoods around it and likely be visible for miles around - a tower 45 yards high. The site will permanently degrade the City of Colleyville. 2 Flood lain Colleyville is situated within the drainage basins of Big Bear Creek and Little Bear Creek. These Creeks are a significant part of Colleyville's topography and history. The Titan site invades the floodplain of Big Bear Creek immediately to its north and is completely at variance with the value of protecting the floodplain and the land adjacent to it. Should Titan drilling cause spillage, a common occurrence with gas wells, Big Bear Creek may be subject to material chemical exposure which would harm all riparian owners along the course of the Creek. Traffic In the long list of detriments the Titan site would produce, traffic is only one, but it is clear that Pleasant Run, as its name implies, is not suitable for the heavy hauling that the Titan location would create. Pleasant Run is one of Colleyville's most attractive conridors and it would be overrun with truck traffic by Titan, just a short distance from the youth soccer fields south of John McCain. Pleasant Run would go from a country road to a truck highway very quickly. Certainly the Colleyville Plan objective of providing "safe, un-congested, visually pleasing roadways" would be undercut by what Titan has in mind for the Quenichet property. Volatile Organic Compounds Gas drilling can release volatile organic compounds (VOCs). As state senator Wendy Davis emphasized in a November 2, 2009 letter to Texas Lieutenant Governor Dewhurst, ambient air studies have raised serious concerns about the "level of benzene concentrations that are the by-products of compressor stations and tank batteries used as part of drilling activity." She also pointed out that the head of TCEQ's toxicology department has identified "evidence of harmful emissions that have been discovered by infrared cameras that TCEQ has set up to monitor a variety of sites in the Barnett Shale arena." Long term exposure to benzene can cause leukemia, as reported by WFAA-TV on November 4. Is this what we want -- a permanent benzene cloud -- for our families along Pleasant Run and in surrounding locations? Where, as here, the Applicant has provided no information about the release of benzene and other chemicals, the Commission is dealing with a deficient Application. A Real Risk Gas drilling and gas pipelines involve inherently dangerous activity, not only from drilling fluids and toxins, but from the production of a flammable gas which is ultimately put under pressure. If natural gas accidents occur, they can be major ones. The November 6 Star-Telegram carried a telling report of a recent natural gas pipeline accident in the Texas Panhandle. The pipeline explosion resulted in "shaking homes, 3 melting window blinds and shooting flames [going] hundreds of feet into the air...." A Chief Deputy Sheriff was quoted as saying, "You could hear the roar of the flames 20 miles away." This emphasizes that public policy on the municipal level should be weighted toward the safety of residents, not to their exposure to high risk facilities literally in their back yards. Conclusion When residents signed gas leases with Titan, they expected that Titan would choose a well site which would distance- protect neighborhoods and be of reasonable size. Instead, Titan has chosen a massive, intrusive site that puts residents at risk and would literally destroy the character of the Pleasant Run community. The Colleyville Plan emphasizes that Colieyville is dedicated "to preserving and enhancing strong family and community values, gracious suburban living, natural beauty and historical settings." We can only hope that, as stewards of Colleyville's future, the Commission and the City Council reject Titan's Requested Zoning. Sincerely ~~ Sincere( AI and Phyllis Zito ~t~CEltd~~, ~'C1~~ :: r~~ .....~~._.x.,. November 9, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Re: ZC09-011 To the Planning and Zoning Commission: This is sent regarding the above Zoning Case concerning 7612 Pleasant Run Road in Colleyville. I am writing as a landowner whose residence is in proximity to the acreage for which a zoning change has been requested by the Applicant. Back rg ound However the Applicant, as representative for Titan Operating, LLC {"Titan"), is describing the requested zoning modification, Titan is aiming to place a heavy industrial use in a residential area. The proposed use would be disruptive and one that would import chemicals, flood plain disturbance, high pollution spillage, and truck traffic to residential communities on both the Colleyville and Southlake sides of Big Bear Creek. Colleyville And Its Environment Colleyville is a city which is rightly proud of its heritage and its preservation of natural areas. As the Quality Of Life section of the 2025 Master PIan ("Plan") notes, for citizens of Colleyville, "generous open spaces and peaceful neighborhoods are priority items." Placing more than 50 acres of land under high density industrial development is directly contrary to this basic tenet of Colleyville's governance. The Colleyville Plan also points out that "there is very little area in Colleyville with suitable industrial characteristics to support a large industrial campus." Without question, that is an accurate statement. The 2003 Colleyville land use survey showed only 35 acres of industrial use. Here, Titan is proposing to exceed that total, in one inappropriate location, by nearly 20 acres. This is a red flag of unacceptable land use. The term "Drill Site" does not convey the extent of what Titan is proposing. The Titan filing includes a monster of a well site - 2 acres in azea - as well as multiple well heads, 250 BBL tanks 16 feet in diameter and 8 feet high, construction trailers, pipe racks, a crew house, a diesel generator, mud pits, and a derrick 137 feet tall. This is essentially an enormous factory floor which will surround a derrick which will rise over all neighborhoods around it and likely be visible for miles around - a tower 45 yards high. The site will permanently degrade the City of Colleyville. 2 Floodpiain Colleyville is situated within the drainage basins of Big Bear Creek and Little Bear Creek. These Creeks aze a significant part of Colleyville's topography and history. The Titan site invades the floodplain of Big Bear Creek immediately to its north and is completely at variance with the value of protecting the floodplain and the land adjacent to it. Should Titan drilling cause spillage, a common occurrence with. gas wells, Big Bear Creek may be subject to material chemical exposure which would harm all riparian owners along the course of the Creek. Traffic In the long list of detriments the Titan site would produce, traffic is only one, but it is cleaz that Pleasant Run, as its name implies, is not suitable for the heavy hauling that the Titan location would create. Pleasant Run is one of Colleyville's most attractive corridors and it would be overrun with truck traffic by Titan, just a short distance from the youth soccer fields south of John McCain. Pleasant Run would go from a country road to a truck highway very quickly. Certainly the Colleyville Plan objective of providing "safe, un-congested, visually pleasing roadways" would be undercut by what Titan has in mind for the Quezuchet property. Volatile Organic Comt~ounds Gas drilling can release volatile organic compounds (V4Cs). As state senator Wendy Davis emphasized in a November 2, 20091etter to Texas Lieutenant Governor Dewhurst, ambient air studies have raised serious concerns about the "level of benzene concentrations that are the by-products of compressor stations and tank batteries used as part of drilling activity." She also pointed out that the head of TCEQ's toxicology department has identified "evidence of harmful emissions that have been discovered by infrared cameras that TCEQ has set up to monitor a variety of sites in the Barnett Shale arena." Long term exposure to benzene can cause leukemia, as reported by WFAA-TV on November 4. Ys this what we want -- a permanent benzene cloud -- for our families along Pleasant Run and in surrounding locations? Where, as here, the Applicant has provided no information about the release of benzene and other chemicals, the Commission is dealing with a deficient Application. A Real Risk Gas drilling and gas pipelines involve inherently dangerous activity, not only from drilling fluids and toxins, but from the production of a flammable gas which is ultimately put under pressure. If natural gas accidents occur, they can be major ones. The November 6 Star-Tele ram carried a telling report of a recent natural gas pipeline accident in the Texas Panhandle. The pipeline explosion resulted in "shaking homes, melting window blinds and shooting flames [going] hundreds of feet into the air...." A Chief Deputy Sheriff was quoted as saying, "You could hear the roar of the flames 20 miles away." This emphasizes that public policy on the municipal level should be weighted toward the safety of residents, not to their exposure to high risk facilities literally in their back yards. Conclusion When residents signed gas leases with Titan, they expected that Titan would choose a well site which would distance- protect neighborhoods and be of reasonable size. Instead, Titan has chosen a massive, intrusive site that puts residents at risk and would literally destroy the character of the Pleasant Run community. The Colleyville Plan emphasizes that Colleyville is dedicated "to preserving and enhancing strong family and community values, gracious suburban living, natural beauty and historical settings." We can only hope that, as stewards of Colleyville's future, the Commission and the City Council reject Titan's Requested Zoning. Sincerely, Gi ~~-`'' F~EGV~' CI , : ;~ s ~'+~~` n.~s.~. ~~.~, November 6, 2009 Community Development Department City of Colleyville 100 Main St ColleyviNe, TX 76034 RE: Zoning Case No. ZC09-011 Applicant: Chris Hammack Location: 7612 Pleasant Run Road Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for a Gas Well Site PROTEST The undersigned is a property owner of land within the 200 foot notification area in the above-referenced zoning case. I hereby formally protest the zoning request and respectfully request that the application for the requested zoning of AG-Agricultural with a Special Use Permit for a Gas Well Site be denied or subject to the approval of a super majority vote by the Colleyville City Council. The environmental impact of gas well drilling, including possible exposure to the carcinogen benzene recently discovered within the natural gas of the Barnett shale, as well as disruption of the peace, quiet, and beauty of our neighborhoods, will irreparably damage the reputations of Colleyville and Southlake as desirable places to live. Sincerely, Ted Peters 1500 S. White Chapel Southlake, Texas 76092 ~~~~~!'~~ f~ `, ~::a ,_ Kevin & Julie Hirschy 104 Latrobe Court Southlake, Texas 76092 November 8, 2009 Community Development Department 100 Main Street Colleyvilie, Texas 76034 Re: Titan drilling within 1000 feet of Monticello HOA property I am writing to voice my objection to the drilling that is to take place in the above stated location. The contract states that no drilling will take place within 1000 feet of the above stated property. I am being told that drilling site (2 acres in size) will now occur 310 feet from HOA property. This would clearly violate the terms of the contract. While I respect the property owner's rights to do whatever they wish on their property, their rights must NOT intrude on the Monticello HOA rights. There are hundreds of homes in Monticello that are members of the HOA. I fail to see how it is legal for one property owner to violate the rights of so many others with a single act, and why the Community Development Department would even consider allowing such a violation. While I cannot speak for my neighbors, I will tell you that our family purchased a home in Monticello because of its large acreage of natural beauty, mainly the unspoiled park area. We felt it was a safe neighborhood in which to raise our family. Now that is all in jeopardy. Drilling that close to our HOA property will create noise pollution. It will destroy the natural beauty that we enjoy. But the most detrimental aspect will be the carcinogens emitted from this drilling site. This is UNACCEPTABLE. However, if you think that it is safe for the drilling site to be 310 feet from our HOA property, I invite you to purchase a home in the neighborhood (somewhere in close proximity to the drilling site) and ask yourself "Would this be safe enough for my children?" Sincerely, Julie Hirschy F~'CE(V''"' '.' ti ~~~ ~$J~ •w3e~••.~.:<ox.:w November 9, 2009 Community Development Department City of Colleyville 100 Main St Colleyville, TX 76034 RE: Zoning Case No. ZC09-011 +Location: 7612 Pleasant Run Road Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for a Gas Welt Site PROTEST The undersigned is a property owner of land within the 200 foot notification area in the above-referenced zoning case. I hereby formally protest the zoning request and respectfully request that the application for the requested zoning of AG-Agricultural with a Special Use Permit for a Gas Well Site be denied or subject to the approval of a super majority vote by the Colleyville City Council. The environmental impact of gas well drilling, including possible exposure to the carcinogen benzene recently discovered within the natural gas of the Barnett shale, as well as disruption of the peace, quiet, and beauty of our neighborhoods, will irreparably damage the reputations of Colleyville and Southlake as desirable places to live. ! like zany in the cor~m~;r~i~ ~ :~ . ~-~r ,,F,~~c~:~i nor did ~.^re ts~~~~;<: Hiss site would be in our ~1c~Gi6~,~•'~. r,a~~";LC' G'. }`l~.i~' ~r?~,:f ~ ~. ~ ~a i •~~ ;~. ~-r[~~ ~°l ab`3(11 ~_ ~~eCtS and iQng terrt"3 ~xh+JSl1tC' ;fl .:.Pti"iil~ jc"1 ;??Pl'Pf I'.i~~ trL~+'dCf1 ~ ~ ' ? C~3fiC~'1. i .!"~~ gaS .. ~ ii :.i~~t S~{~111d ire pUt ill a pl.)L"":: ~'tlc?t li:_ y not ~;~{i31'ti l;~ {c;~}tl~,,; il';JC (~ ~U ~r~t7k at it every day and wore; per ~ ~ 1i t~ ,~ are get'. :8 exposed o~ - ~, ~ 7 Sincerely, ' ~~~ Erich & Lesley Kissick ~ ~+ ~ ~ ~~ ~ ,f 1690 bent creek drive Southlake TX, 76092 817-416-2153 ~. ,- f~% ~ i tit "' i4 ~ ' r;! R St~ rrre «x...t-k++ CITY OF COLLEYVILLE CASE NUMBER ZC09-011 The following signatures are from neighbors that protest against a Special Use Permit for a gas well site at 7612 Pleasant Run Road. NAME ADDRESS SIGNATURE --~' ~- ~ ,~ 3 {~ /'~~~ (~ ~ ~,1 ~ ~j ~"' k; I,~_1 ^ ~ ~ ~ ~ j { 'n ' y ~. "6~~~ S,~" r i ~ b 1 ,. .~ t i ~ r S .., '~(/ ` J ~.l e .,t" k ~ n ,. ~ ~.~ ~= .~ r .; :. ~- l .~ ~-. ~. ~ ~ r ' ,, v'~LC,t'~ -'fir ~~ ~ ~ it..,. ~ ~_~ r- . , ~ ~ ~ .~~ ?,, ~~~ y { .~ , ~~.. ~ - . ~~ p r /'~, L_-. ~ 4 t a~ ~~• /, ~ _ , r ., p ~- ,} y4 /~ /f/ //C[/y ~... (.. ~f'~'9/'"J ~~~° ~~~ ~~' \ ~ - ~ ~Z~ [~; ~~ SENATOR WENDY R DAVIS Oistnct t0 November 2, 2009 ~~~ ~QYt~t~E ~~ C`~.~.e ~5t~x~>e ~~ {`~~x~xs Lieutenant Governor David Dewhurst PO Box 12068 Room 2E.13 Austin, TX 78711 Dear Lieutenant Governor Dewhurst, COMMITTEES Education Intematbnal Relations & Trade Transportation & Homeland Security Veteran Affairs 8 Military Installations As requested by you, I forwarded a number of interim study requests for your consideration on September 14, 2009. I understand that you are currently considering those requests and will be making your decision on them in the near future. One of the requests that I made was for an interim study to "study the various environmental impacts related to the gas production processes in the Barnett Shale area and other similar fields using inputs from industry, the public, municipalities, county governments, and departments of higher education. The study should include an in-depth examination of the effectiveness of implementing technologies to limit air pollution during the production process. The study should also consider Legislative needs in the area of pipeline planning between jurisdictions and pipeline operators. Finally, the study should focus on the impact of urban and rural county drilling, and determine best practices to implement a structure that promotes drilling and protects urban and rural landowner interests." Given recent studies and reports of ambient air monitoring data collected in counties where Barnett Shale drilling activity is occurring, I am writing to urge your serious consideration of that interim study request. Ambient air data collected thus far in the Barnett Shale drilling arena, by both TCEQ and Wolf Eagle Environmental Engineers, reveal some alarming statistics. The most prominent cause for concem revealed in that data are the levels of benzene concentrations that are the by-products of compressor stations and tatil~ batteries used as part of the drilling activity. Significantly, TCEQ's summary of those reports indicate a concern by their toxicology division that "the monitored concentrations of benzene at several. of the sampling locations could pose a long term health risk to residents in the area if the concentrations are representative of normal and prolonged ambient conditions." The TCEQ summary also states that it "is possible that adverse health effects could occur from exposure to this concentration of benzene." Finally, the TCEQ summary states that its toxicology division "strongly recommends additional sampling in the area." P.O. l3ox 12068 Austin, Texas 78711 (512)463.0110 FAX:(5T2)475-3745 Diai 711 For Relay Calls ~^y ~ ~" 2421 W. 7th, Suite 131, Building A ~` Fort Worth, Texas 76107 (817)332-3338 i}'s' ri •."5 ~i~;5i: FAX: (817)332-1230 E-Mail:wendy.davis@senate.state.tx.us ~~' „„W,„,„„„„. .. I am enclosing TCEQ's comments an the Wolf Eagle Environmental report as well as the summary of the report that was prepared by Wolf Eagle .Environmental. In interviews with local news media, Dr. Michael Honeycutt, head of TCEQ's toxicology department, has expressed concern about evidence of harmful emissions that have been discovered by infrared cameras that TCEQ has set up to monitor a variety of sites in the Barnett Shale arena. Dr. Honeycutt has indicated that TCEQ is continuing studies of five counties in the Barnett Shale arena, including Tarrant, Wise, Denton, Parker, and Johnson. It is my hope that an interim study would include, but not be limited to input from members of the environmental science community, members of the drilling industry, and members of the Senate who represent areas of Barnett Shale drilling activity. It is imperative that objective information be advanced that would serve as the basis of pollution control methods that should be utilized. Notably, Utah has just settled a case in which six energy companies have agreed to install pollution control equipment to comply with the Clean Air Act at their natural gas producing facilities located on the Uintah and Ouray Indian Reservation. The settlement includes $6,462,000 in retrofits and upgrades to pollution control equipment, $632,000 in civil penalties, and $200,000 on supplemental environmental projects. Furthermore, the companies have also agreed to fund the operation and maintenance of two ambient air monitoring stations for one year, and pilot test new technologies that are less polluting and more energy efficient. EPA has estimated that the investment in new technology will reduce air pollution by more than 1,300 tons per year. I hope you will agree that Texas' citizens deserve no less than the protections required by the State of Utah. Given all of the above, Irespectfully re-urge your appointment of an interim study to review current data, to determine whether further testing is necessary, and to recommend pollution control methods to assure the protection of the health of the community that we represent. Respectfully, w~ ~ ~,3 Wendy R. Davis Texas Senate -District 10 enclosures Cancer-causing toxin found {n afr near gas facilities ~ Latest News I WFAA.com .6161.15°rOar WONrn. C~A^~re:. n Latest News ~;~~ ~'~`~~:' I Recommended Cancer-causing toxin found in air near gas facilities 11:26 AM CDT on Ftiday, October 70, ?A09 By CHRIS HAWFS / WFAA-TV News 8 Exclusive October 29th, 2009 Chris Hawes reports ~'~~~ ~ 1~~1:,, ~ t -' ' -_ -~ . ~!-t, _ r • ~ z~a~ • 'I Related links: • LINK t ~ ~ ::~_. ~ ~ ~- ~ ~ ~~ 3 .., , ~! • LINK ! !R~ ~ C r !_,. ~,i • LINK ~ ~- - -uE._~s~,~.y~~i'~ - • 10112 , z ~~_~~~,i ~.!~~~,~;,_i __, },, ~ _ .- • MORE: -- -.. Search Video: ~_a.._ _._._._ FORT WORTH --- llritling for natural gas began to take off in the Barnett. Shale around 2002, when there were nearly 2,000 wells. Since then, that number has grown [o more than 12,000 wells. So, many might wonder which government agency has been testing the air at each of those sites to check for any potentially harmful elements in the air. The answer is: No one. Now, for the first time, the Texas Commission on Environmental Quality is conducting a Barnett Shale air quality study. The results have surprised the highest levels of the commission. 11/7/09 3:31 PM http://www.wfaa.com/sharedcontent/dws/wfaa/latestnews/stories/wfaa091029 mo_drtlling.2669d39e4.html Page 1 of 3 Cancer-causing toxin found in aIr near gas facilities I Latest News I WFAA.com News H learned the TCEQ found something potentially hazardous in the air near some natural gas facilities during testing conducted around the Barnett Shale. Benzene, acancer-causing, dangerous toxin, was discovered to lie in the air. "Long-tens exposures to a high enough level of benzene can lead to cancers, leukemia specifically," said Dr. Michael Honeycutt, who heads TCEQ's toxicology deparUrtent and is involved in overseeing the testing. "Sham term, we are seeing some high levels that probably will exceed the short term ESL [effects screening levelj," he said. That means they may exceed the commission's benchmark for concern. Because of the find, long term testing will be done. TCEQ is still working to determine wha runs the facilities associated with the Benzene results and where they're located. But, the commission isn't waiting to act. They plan to hand over the results to the Environmental Protection Agency. "Right now, as we are speaking, EPA is looking at regulations for those facilities," Honeycutt said. "They need the data as soon as we can generate it" Dr. Al. Armendari7, a Southern Methodist University researcher and environmental engineer, has researched emissions in the Barnett Shale.. He is not surprised by TCEQ's findings. "What I don't think anybody really knows yet is are the levels of these compounds in Fort Worth high enough and have they been in the air long enough to be a potential cancer risk?" he said. Tarrant County goat farmer Deborah Rogers was so upset about the lack of testing around natural gas facilities in the Barnett Shale that she began to raise money for a private air quality study to be conducted by Armendariz. "No one has a clue what's coming out of them," she said. TCEQ said the turning point for the study currently under way came with the purchase of infcared cameras that can pinpoint emissions. In August, the agency began its first Barnett Shale air quality study, testing air samples near natural gas operations in "Tarrant, Wise, Denton, Parker and Johnson counties. "[t's been a progression of technology and a learning process, not Drily for our agency, but the industry as a whole," Honeycutt said. Energy companies are following the TCEQ study closely. Chesapeake Energy's vice president of regulatory affairs, Paul Hagemeier, said benzene can be found in tanks filled with liquid-separated from natural gas, bttt Said "it i so small that it really shouldn't matter." Gas in the Barnett Shale contains different amounts of benzene and other associated chemicals when it's produced. Chesapeake said the gas it produces in parts of Johnson, Tarrant and western Dallas is very dry, meaning it doesn't have significant levels of those chemicals and virtually no benzene. The prevalence of dry gas across the t3arnett Shale is one reason'TCEQ`s results are so surprising,l{oneycutt said. "Because of the camera, we have found recently these emissions and then done some subsequent sampling and realired,'Oh, it does et~ntan more benzene than we thought it did,'" he said. Drillers, including Chesapeake and a Devon Energy spokesman, said they have long made emission capturing a priority by making sure pipes are ready at most wells from the beginning to capture the first. emissions before they spew into the air. They also recapture emissions off of 4v-ks when they notice a problem. "The good part of it is we're not putting emissions into the atmosphere, but we're also selling natural gas, which we're in the business to do," said Jay Ewing, a Devon Energy spokesman. Itep. Lon Burnam, D-Fort Worth, is watching the testing closely as well He has historically advocated greater regulation of the natural gas industry, including regulation of emissions. "We all should be concerned about the benzene levels and we all should recognize we need to continue testing," he said. "We need to increase our monitoring." 11/7/09 3:31 PM http://www.wfaa.com/sharedcontent/dws/wfaa/latestnews/stories/wfaa091029_mo drilling.2669d39e4.html Page 2 of 3 Cancer-ceusing toxin found in air near gas Facilities I Latest News I WFAA.com Fort Worth Mayor Mike Moncrief is also calling for more testing. He has expressed concern about the possible long term effects of benzene. "Identifying the impacts of gas drilling on our neighborhoods and to the health and safety of our citizens remains a top priority," he wrote in a statement. "We are waiting to hear the final results and any further guidance from TCEQ." TCEQ is expected to issue a report on its findings by the end of the year. E-mail . ~. ©2009 WFAA-TV, Inc. All ]tights Reserved. 11/7/09 3:31 PM http://www.wfaa.com/sharedcontent/dws/wfaa/latestnews/stories/wfaa091029_mo drilling.2664d39e4.html Page 3 of 3 November 9, 2009 Community Development Department City of Colleyville 1.00 Main Street Colleyville, TX 76034 Re: ZC09-Oll To the Planning and Zoning Commission: This is sent regarding the above Zoning Case concerning 7612 Pleasant Run Road in Colleyville, l a writing as a landowner whose residence is in proximity to the acreage for which a zoning change has been requested by the Applicant. Background However the Applicant, as representative for Titan Operating, LLC ("Titan"), is describing the requested zoning modification, Titan is aiming to place a heavy industrial use in a residential area. The proposed use would be disruptive and one that would import chemicals, flood plain disturbance, high pollution spillage, and truck traffic to residential communities on both the Colleyville and Southlake sides of Big Bear Creek. Colleyville And Its Environment Colleyville is a city which is rightly proud of its heritage and its preservation of natural areas. As the Quality Of Life section of the 2025 Master flan {"Plaur~") notes, for citizens of Colleyville, "generous open spaces and peaceful neighborhoods are priority items." Placing more than 50 acres of land under high density industrial development is directly contrary to this basic tenet of Calleyville's governance. The Colleyville Plan also points out that "there is very little area in Colleyville with suitable industrial characteristics to support a large industrial campus." Without question, that is an accurate statement. The 2003 Colleyville land use survey showed only 35 acres of industrial use. Here, Titan is proposing fio exceed that total., in one inappropriate location, by nearly 20 acres. This is a red flag of unacceptable land use. The term "Drill Site" does not convey the extent of what Titan is proposing. The Titan filing includes a monster of a well site - 2 acres in area - as well as multiple well heads, 250 BBL tanks 16 feet in diameter and 8 feet high, construction trailers, pipe racks, a crew house, a diesel generator, mud pits, and a derrick 137 feet tall. This is essentially an enormous factory floor which will surround a derrick which will rise over all neighborhoods around it and likely be visible for milesaround - a tower 45 yards high. The site will permanently degrade the City of Colleyville. 2 Floo___ d~lain Colleyville is situated within the drainage basins of Big Bear Creek and Little Bear Creek.. These Creeks are a significant part of Colleyville's topography and history. The Titan site invades the floodplain of Big Bear Creek immediately to its north and is completely at variance with the value of protecting the floodplain and ~e land adjacent to it. Should Titan drilling cause spillage, a common occurrence with gas wells, Big Bear Creek may be subject to material chemical exposure which would harm all riparian owners along the course of the Creek. Traffic In the long list of detriments the Titan site would produce, traffic is only one, but it is clear that Pleasant Run, as its Warne implies, is not suitable for the heavy Itauing that the Titan location would create. Pleasant Run is one of Colleyville's most attractive corridors and it would. be oveznu~ with truck traffic by Titan, just a short distance from the youth soccer fields south of Jahn McCain. Pleasant Run would go from a country road to a truck highway very quickly. Certainly the Colleyville Ply objective of providing "safe, un-congested, visually pleasing roadways" would be undercut by what Titan his in mind far the Quenichet property. Volatile Organic Compounds Gas drilling can release volatile organic compounds {VOCs}. As state senator Wendy Davis emphasized in a November 2, 20091etter to Texas Lieutenant Governor Dewhurst, ambient air studies have raised serious concerns about the "level of benzene concentrations that are the by-products of compressor stations and tank batteries used as part of drilling activity." She also pointed out that the head of TCEQ's toxicology department has identified "evidence of harmful emissions that have been discovered by infrared cameras that TCEQ has set up to monitor a variety of sites in the Barnett Shale arena." Long term exposure to benzene can cause leukemia, as reported by WFAA-TV on November 4. Is this what we want -- a permanent benzene cloud -- for our families along Pleasant Run and in surrounding locations? Where, as here, the Applicant has provided no information about the release of benzene and other chemicals, the Commission is dealing with a deficient Application. A Real Risk Gas drilling and gas pipelines involve inherently dangerous activity, not only from drilling fluids and toxins, but from the production of a flammable gas which is ultimately put under pressure. If natural gas accidents occur, they can be major ones. The November 6 Star-TeIe~ram carried a telling report of a recent natural gas. pipeline accident in the Texas Panhandle. The pipeline explosion resulted in "shaking homes, 3 melting window blinds and shooting flanges [going] hundreds of feet into the air...." A Chief Deputy Sheriff was quoted as saying, "You could hear the roar of the flames 20 miles away." This emphasizes that public policy on the municipal level should be weighted toward the safety of residents, not to their exposure to high risk facilities literally in their back yards. Conclusion When residents signed gas leases with Titan, they expected that Titan would choose a weld site which would distance- protect neighborhoods and be of reasonable size. Instead, Titan has chosen a massive, intrusive site that puts residents at risk and would Iiterally destroy the character cxf the Pleasant Run community. The Colleyville Plan emphasizes that Colleyville is dedicated "to preserving and enhancing strong family and community values, gracious suburban living, natural beauty and historical settings." We can only hope that, as stewards of Colleyville's future, the Commission and the City Council reject Titan's Requested Zoning. Sincerely, E 15on d J. Engleman 507 Potomac Place Southlake, TX 76092 ~i~4rGjl~'~_~'~ ~~1 .~....s».r.. November 7, 2009 Community Development Department City of Calleyvlle 1 ftQ Main St Col'leyville, TX 76034 RE: Zoning Case No. ZC09-011 Location: 7612 Rleasant Run Road Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for a Gas Well Site We wish to respectfully enter a protest to the above requested zoning change that would permit location of a gas well near our residence. Examination of the Revised Drill Site Plan reveals that this well would be less than 1000 ft from several residences. It is only 310 ft from Bear Creek, a major watercourse in our area, and adjacen# to our community park. The presence of a drill site in this populated area would create a light and noise nuisance, and it is a potential health hazard because of it would emit a well known carcinogen, benzene, into our residential neighborhood. We urge the City of Colleyville to deny this request for a zoning change. Sincerely, / 1 Don Shaw ~ 1, Maurine Shaw 503 Potomac Pt. Southlake, TX 76092 -~i _,~~b~..m~.~ VECCHIO VECCHIO ATTORNEYS AT LAW 901 AVENUE K GRAND PRAIRIE, TEXAS 75050 972-647-1607 972-647-4044 FAX November 5, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 RE: Zoning Case No. ZC09-011 Applicant: Chris Hammack Location: 7b12 Pleasant Run Road Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for a Gas Well Site PROTEST The undersigned is a property owner of land within the 200 foot notification area in the above-referenced zoning case. I hereby formally protest the zoning request and respectfully request that the application for the requested zoning of AG-Agricultural with a Special Use Permit for a Gas Well Site be denied or subject to the approval of a super majority vote by the Colleyville City Council. Sin a ely, Laura Vecchio McCaskill Attorney at Law b01 Potomac Place Southlake, Texas 76092 (817) 41 b-9734 °' ~,~~_. ~~~.v-~~ ~#~.t~~PVEC~ .w` V 1~ 3 ? l'` ~~ ...~,.....a.. November 8, 2009 Community Development Department City of Colleyville 100 Main. Street Colleyvilte, TX 760.34 Re: zoning case number: ZC09-011 I am against the approval of any drilling within 1000 ft of homes, regardless of the municipality in which they reside. I urge the City Council of Colleyville to NOT approve this variancelspeciatuw permit for a drill site. Sincerely, ,lulie Paine 7p2 Ashleigh Lane Southlake, TX 76092 ~ ~ yµEu~ ~. ~' , ._ From: Shana Yelverton Sent: Friday, November 13, 2009 1:40 PM To: Jennifer Fadden Subject: Another letter to our Council, FYI I am writing to you as a concerned Southlake resident regarding the proposed gas well at 7612 Pleasant Run Road in Colleyville. I live in Timarron, right around the corner from the well site. I am adamantly opposed to the installation of a gas well at this location and anywhere near our homes and am asking your support to contact the Mayor of Colleyville and City Council Members to oppose this gas well. I am also asking for your attendance at the next Colleyville Planning and Zoning Commission meeting to discuss this issue which I believe is on 11/23/09 at 7PM as well as your attendance at all future meetings regarding this issue. I cannot believe the City of Southlake would want something like this in their backyard. This will impact our quality of life as well as the beauty and distinction of such a great City and place to live. I attended the Colleyville Planning and Zoning Commission meeting on 11/9/09 and presented the Commission with a petition opposing the gas well signed by all Southlake residents within the 1000' distance from the well as well as a letter from one of those residents. Attached is a copy of the petition and letter as well as a letter from Wendy Davis, State Senator, outlining the findings by the TCEQ. The Commission listened to our issues but I do not think they really "heard" our concerns. "there are far too many unknown issues such as the health impact, environmental impact, property value impact, ground water contamination, traffic impact, and quality of life impact that the Commission needs to consider before making such an important decision. No impact studies were even submitted by Titan or reviewed by the Planning and Zoning Commission regarding the gas well. This should not be taken lightly as we will all have to live with the affects of this well for the rest of our lives should this get approved. The Commission and Titan did not seem to care about our issues and all they see is the financial gain that Colleyville and Titan will get from this well. Titan even admitted the well encroaches on the flood plain and they have not contacted the Army Corp of Engineers to discuss the implications or what approvals may be necessary. Titan also has a lease with the Monticello HOA that prohibits them from installing any gas well within 1000' of the Monticello property line. They are ignoring this Contract which they signed and are moving forward with this well regardless of the laws they break or the environmental impacts they create. We cannot let a company like Titan or any other drilling company put a gas well on this site or any other site within 1000' of our homes and children. As a father with a small daughter, I do not want my daughter to grow up in a neighborhood where I have to fear for her health due to benzene causing cancer and the other pollution and contamination this well will produce. Not to mention the safety issues around the gas well. The Colleyville Fire Marshall was also at the meeting and said his department will have to plan for a worst case scenario should something go wrong at the well. He even said his department could not even respond to an emergency at the well as they do not have the appropriate equipment and they would have to call in experts to assist. That is a very scary thought should something happen with this well. I would like to know what the City's position is on this gas well and what you can do to help us protest this permit. I find it hard to believe the City of Colleyville can approve this permit without the City of Southlake's approval considering this gas well will greatly impact the City of Southlake, its citizens, and property values as well as our health and quality of life in this great community. There must be something legally you can do to prevent this tragedy from happening. I am also requesting a meeting with you to further discuss our options. t:z~y ;<1ctn.l~:cr 1400 M&in SYreet Suite 460 817/748-8001 SOUTHt_AKE T~xws i~ECEIVED 4_ Per ~.:..~.~..... Susan Easterly 604 Potomac Place Southlake TX 76092 817-488-2390 10 November 2009 City of Colleyville Planning and Zoning Committee 100 Main Street Colleyville TX 76034 RE: Titan Request for a Special Use Permit on Quinochet Property (off Pleasant Run} Dear Members of the Committee: As you can see from my address above, i am one of your Southlake neighbors. I live in The Hills of Monticello. Our neighborhood is unique because it is comprised of both Colleyville and Southlake homes, and it boasts a large (66 acres) common area joining both towns! As a result, when our neighborhood was approached to lease our minerals, we joined the Colleyville Area Mineral Rights Association (CAMRA), even though some of us live in Southlake. Being part of CAMRA has been mutually beneficial, and CAMRA's leader (Grady Walker) has done a great job spearheading efforts to create awin-win partnership with Titan. One important criterion in selecting Titan as a partner was their willingness to work with CAMRA in developing language in the contracts that offered property owners certain protections. This strengthened our belief that Titan desired to become "partners" with the HOAs and homeowners. I recently received an email From CAMRA requesting I complete a "Zoning Support" document to help Titan move forward in the drilling process. I signed the document and returned it to CAMRA; however, after I did so, I received an email from a concemed neighbor about the location and some implications regarding the proposed drill site. Additionally, after seeking more information, I have teamed that the proposed plan would violate important parts of the contract with regard to the location of the drill site. I understand our current HOA Board is trying to work with Titan to resolve these and other concerns. Based on this, I request the following: 7. /would like to rescind my "Zoning Support" letter at this time. I cannot support our partner until these issues are resolved, and I need more information from our HOA with regard to their discussions with Titan before 1 can endorse moving forward. 2. 1 request that you consider your Southlake neighbors' concerns, for we have no recourse through the City of Southlake, since the well sites are in Colleyville, yet we are affected equally, and apparently in some cases, more so. 3. 1 request that you do not grant the permitting at this time to al/ow those HOAs and individual homeowners directly affected by this proposed site to work out outstanding concerns with Titan. I know Colleyville has also partnered with Titan, and I feel the City should be very concerned that Titan may not be honoring its contract with another one of its partners. I believe by withholding your approval for now, you could send a strong message to Titan that you expect them to honor their word both with the City and with the City's many neighborhoods. Thank you for your time and consideration. C"`I ;f' ~~ t ~~ ~,~ ,, ,. ._ ~. ~, Susan Easterly c` "~"~~` ~7 ~~l' ............. From: Carol Fischer Sent: Monday, November 23, 2009 2:59 PM To: Ron Ruthven Subject: NO DRILLING PLEASE!!!!!!!!!!!! Today I received an email that REALLY concerns me. It is in regard to the proposed drilling to take place off of Pleasant Run Road. It is my understanding that this could be a tremendous health problem for those of us who live close to this area, which we do. I beg you PLEASE DO NOT APPROVE DRILLING UNTIL IT CAN BE PROVEN SAFE BY THE TCEQ & THE EPA! ! ! Carol Fischer 1495 Bent Trail Circle Southlake, TX (Bent Creek neighborhood just on the other side of the Colleyville/Southlake border off of Pleasant Run Road} From: NealEWetzel Sent: Sunday, November 22, 2009 8:29 PM To: Ron Ruthven Subject: Gas Well Site -Colleyville In reference to the pending gas well site and the City of Colleyville's program which prohibit gas wells within 1000 feet of homes. As t understand it there is a pending well site proposed for the farm at White Chapel and Bear Creek, which I am told is 1000 feet from Colleyville homes. However since this site is close to Southlake those homes would be closer than the 1000 feet ordinance. While I understand Southlake is not Colleyville and visa vesa I believe we must be considerate of our neighbors in Southlake and work with that City and develop a program whereby this would not be permitted by either City maintaining the 1000 feet ordinance. Certainly if a well was proposed on the Southlake side of our common border we would need their help in protecting the 1000 feet program. We need to have an agreement with Southlake which would defend our 1000 feet ordinance for Colleyville Homes. Let us not sell our future for negative results. Thank you, Neal E. Wetzel 200 Washington Ct. Colleyville, Texas 76034 From: Nancy Farrar Sent: Tuesday, December 01, 2009 4:49 PM To: Ron Ruthven; Amy Shelley Subject: Zoning change on the Quinechet property Dear Colleyvitle Planning and Zoning board, My husband and I purchased our home in Colleyvitle 6 years ago after an entire year of searching for the right location. We chose Colleyvitle because it was quiet, beautiful and filled with trees. We specifically purchased our home in The Hi11s of Monticello because it backed up to about SO acres of greenbelt and creek that would never be built on. We look out on beautiful trees and enjoy the peace and quiet. If the board approves the special permit zoning change we wilt look out on drilling rigs for the next 7 years. The quiet will be replaced with the sounds of trucks, workers and equipment. To imagine this will not impact our property value seems ridiculous but we certainly know it will impact our lives. This is not to mention the effect this drilling will have on the entire area surround the rigs as well as the roads that will be under constant traffic and damage from trucks. I attended the first P & Z meeting last month and after hearing more disturbing facts regarding the possible health hazzards, the 24/7 drilling and lighting, the close proximity, less than 1000 feet, to homes I am even more upset that this is being considered. This drill site will be within 500 feet of the playground in our neighborhood where I take my grandchildren to play. Another problem that has not even been addressed is the pipeline- there has been no discussion or determination of where this will be and how much more damage to property and our beautiful city will be done. I do not understand why the board would even consider allowing this to occur in the middle of such a beautiful area. I see what the wall and drill site looks like on the TCC campus at Harwood and Hwy 26 and can't imagine that in our neighborhood. If you haven't driven there please do so. Also note that 1/3 of the trees that were planted around that wall are already dead as there was no provision to keep the trees watered and alive. I did not see any provision in Titan's papers about keeping them alive, only that they would plant them. The problems are numerous and the consequences are huge. I realize Colleyvitle stands to make a lot of money from this, but there may be a much higher loss when homes don't sell, home values decline, people don't move here, much less the potential health consequences to our children. Our neighborhoods were not given all of the information when we signed our mineral rights away. I know many in our neighborhood would gladly give their checks back to the company in order to keep this sight from being impacted so drastically. Please do not allow this to go any further. Sincerely, Nancy Farrar 7805 Jefferson Circie Colleyvitle, TX 76034 817 919 1441 Windows 7: Unclutter your desktop. Learn more. From: Rich Lyon Sent: Wednesday, December 02, 2009 8:53 PM To: Ron Ruthven Cc: Amy Shelley; Subject: COLLEYVILLE GAS DRILLING: Impacted Resident Serious Concerns & Objection Ron Ruthven ... I was advised by Amy Shelley that you are the person to whom I should address my serious concerns regarding the Pleasant Run gas drilling variance which the Colleyville P&Z is considering. Please note that my concern is neither theoretical nor speculative. In fact, I have already had to delay the pre-planned listing my home for sale because of the moral/legal obligation to report on the Seller Disclosure that violation of the 1000' ordinance is under consideration. Worse yet, T have been forced to discuss my situation with three lawyers and will be forced to retain one at my expense if the P&C moves forward to the City Council with a recommendation which impacts the value and/or marketability of my home. As part of your P&Z decision-making process, I implore you to "walk a mile in my shoes" based on what I heard in the November 9th P&Z open meeting: * Drilling site was chosen to have minimal impact on CV residents. * Moving drilling to the west would impact current CV houses. * Moving drilling to the south would impact future CV housing development. * Moving drilling too close to the Quenichet residence would impact Oburn staying there. * CV property owners received drilling bonuses. (That would be $1,325,000 for Quenichet @ 53 acres and $25,000lacre as later reported in the newspaper.) * CV property owners will also receive production royalties. * Driller wants to make tower higher, illuminate it 24/7, and drill multiple times over 5-7 years. So, what do the six Southlake Timarron homeowners derive if CV approves the variance or changes the ordinance? * Violation of the secuity afforded by a 1000 ft ordinance which is held by CV, SL and FW. * Closest (non-Quenichet) proximity to the inevitable noise, visual distraction, trucking and potential safety issues. * No drilling bonuses, royalties or other compensation. * Likely reduced home values and marketability Basically, as currently planned and defined ... CV residents get every benefitlconsideration and those of us in SL within the 1000 ft radius get only their possible appreciation for being conscripted martyrs! Neither fair, ethical, rational ... or perhaps even legal. Consequently, I respectfully ask that you formally submit this written objection to the current drilling plan and request that the CV P&Z take appropriate actions to protect the property investments and quality-of--life of their Southlake neighbors. My thanks in advance! Richard Lyon 115 Creekway Bend Southlake, TX 76092 Home: 817-251-8121 Mobile: 512-658-8865 E-Mail: Dec 1, 2009 04:37:10 PM, She11e~A~ci.colleyville.tx.us wrote: Mr. Lyon, The next public hearing for the SUP for the gas drilling request will be Monday, December 14, 2009 at 7:00 p.m. When P&Z make a decision, it will then move forward to City Council; those dates are dependent on the decision by P&Z. You may forward any correspondence to the Community Development Department, 100 Main Street, Colleyville, TX 76034 or you may email them back to either Ron or me. Let me know if you have any questions and have a good evening, Amy Shelley Plaiming and Zoning Assistant City of Colleyville www.colle~ville.com 817.503.1 OS 1 shelleXa a,ci.co(leyville.tx.us We ~~alue Innovation ~ Service ~ Inlegtdty The nrissiwr of rlre Ciry gfC.'aNe~,vi!!e is to prnride mugve cawomer service rhrrnr,Qh mgr b oditiofr n/ exce/Jenci stewardshfh. enrplovee rnnorut+on mrd integrii}. Please conriderthe environment before printing this message. From: Rich Lyon Sent: Tuesday, December 01, 2009 1:08 PM To: Ron Ruthven Subject: DRILLING MEETING QUESTIONS As one of the Southlake homes within the 1000' radius of the proposed Pleasant Run drilling site, I have a vested interest in the upcoming Colleyville zoning variance decisian. I attended the last public meeting and understand that the one scheduled for tonight (Dec 1st) has been postponed. ;Could you please advise as to: 1) When and where the next public meeting on drilling will be held? 2) When a decision is to be made regarding the driller-requested variance? 3) Name and address of the persons} to whom I should write regarding my continuing concerns about the impact of this decision on the sale of my home? 1 My thanks in advance! - Richard Lyon 115 Creekway Bend Southlake, TX 76092 Home: 1-817-251-8121 Cell: 1-512-658-8865 E-mail: From: Kevin Townson ~~ Sent: Thursday, December 10, 2009 4:29 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hal(; Tom Hart; Mike Taylor Cc: Subject: Colleyville Gas Well Concerns Mayor Keiiy and City Council Members, I am writing to you as a concerned Colleyville Business Owner and Southlake resident regarding the proposed gas well at 7612 Pleasant Run Road in Colleyville. i live at 175 Creekway Bend in Southlake in Timarron, right around the corner from the well site. I am adamantly opposed to a gas well at this location and anywhere near our homes and am asking for your support to oppose this well site. As I am sure many of you have heard, gas wells have been proven to release toxic chemicals in the air which cause serious environmental and health hazards to include cancer and many other illnesses. I find it irresponsible for the City of Colleyville to even consider approving this gas well at this time without all the facts as more facts continue to be released by the TCEQ, EPA, media, environmental groups, etc. (see the article from Star Telegram following this email. Also, has the P&Z and City Council thought about the following and investigated Titan thoroughly? - Titan Operating was incorporated iri May 21, 2008 so they have no track record - Titan is capitalized by a private equity fund - What happens if there is a catastrophic event at the well? Will Titan be around to clean it up and pay for all the damages or will they file bankruptcy and leave Colleyville and Southlake to clean up the mess? I attended the Colleyville Planning and Zoning Commission meeting on 11/9/09 and presented the Commission with a petition opposing the gas well signed by all Southlake residents within the 1000' distance from the well as well as a letter from one of those residents. I was shocked when I was told our signatures do not matter since we live in Southlake and that Colleyville's ordinances do not cross city borders. 1 appreciated the Commission listening to our issues but I do not think they real{y "heard" our concerns. There are far too many unknown issues such as the health impact, environmental impact, property value impact, ground water contamination, traffic impact, and quality of life impact that the Commission needs to consider before making such an important decision. No impact studies regarding these impacts were even submitted by Titan ar reviewed by the Planning and Zoning Commission regarding the gas well. This should not be taken lightly as we will all have to live with the affects of this well for the rest of our {fives should you approve this. As a father with a small daughter, I do not want my daughter to grow up in a neighborhood where I have to fear for her health due to benzene causing cancer and the other pollution and contamination this well will produce. I am sure you all feel the same way about your families. -think of them when you are making this decision. There is also the issue of safety around the gas well. The Colleyville Eire Marshall was also at the meeting and said his department could not even respond to an emergency at the well as they do not have the appropriate equipment. That is a very scary thought and something we should ail be concerned about. Should you approve this well, it will negatively impact the beautiful City of Colleyville as well as Southlake. For the future of both of our great cities, I hope you will seriously consider denying Titan's request for a Special Use Permit for this gas well. At the very least, you should c:onsider placing Titan's request on hold for 1 year until further testing can he done by the TCEQ to determine the true overall affects of gas well drilling on the environment and the residents of Colleyville and Southlal<e. We do not have all the facts as it relates to gas well drilling and jumping into this and approving it without all the facts is a big mistake. Thank you, I<evin Townson Colleyvil(e Business Owner and Concerned Southlake Resident -.~ ~` Pressure grows foi• testing at gas facilities Posted Tuesday, Dec. 08, 2009 BY MIKE LEE FORT WORTH -The fallout continued Tuesday from tests that show toxic chemicals potentially being released by natural gas wells in the Barnett Shale. Fort Worth City Council members had sharp questions for state environmental regulators, and residents who live near well sites are growing edgy. Separately, federal regulators are also beginning to take a closer interest in oil and gas regulations in the state. The Texas Commission on Environmental Quality began sampling sites in five North Texas counties this year. Early results from at least two sites showed benzene levels as high as five times the state's short- term exposure limit. Benzene has been linked to cancer and other illnesses. Only a few of the tests were inside Fort Worth, though. Fort Worth is by far the biggest city in the Barnett Shale, with more than 700,000 residents, and more than 1,000 operating gas wells in the city, with 500 others permitted or planned. Dozens of wells have been permitted within a few hundred feet of homes, parks and businesses. "This city is a lot different than being out in some pastureland somewhere," Councilman W.B. "Zim" Zimmerman said during a work session Tuesday. Kevin Sheedy, an engineer with the Texas Commission on Environmental Quality, said the agency began testing in rural areas because the sites are easier to access and there is less ambient air pollution. "I definitely understand, and we'll look into the Fort Worth area," he told the council. State officials have said they believe that the benzene comes from liquids that are produced along with natural gas, which can then evaporate from tank batteries and other equipment. Energy companies have said the gas produced in Fort Worth has less liquids than that in other areas and questioned whether any of their wells were releasing benzene. Sheedy said, though, that the gas companies use different standards than state regulators. "What they are calling dry still might contain benzene," he said. The state's results came after private tests paid for by the small town of Dish and business owner Deborah Rogers also found what might be poisons. Rogers and state Rep. Lon Burnam, D-Fort Worth, have called for a moratorium on new permits until the commission finishes its tests. Residents in north Arlington and in the Chadwick Farms subdivision in Fort Worth referred to the state tests during protests about gas sites near their homes. There are 49 homes within 600 feet of Chadwick Farms. "You can no longer deny these studies or the impacts on the health and safety on the fives of those living in this community "Chris Gorton, who lives in Chadwick Farms, wrote to the council. Hazel and Keith James live less than 600 feet from a gas site at Cottey Street and Village Creek Drive. The City Council approved a waiver for the site in August. "I can't put a fence up to protect my property and my children; however, you allow this gas company to come out and put a drill in the property," Hazel James said. James Harrell, a truck driver, said he was hospitalized at the end of November after being exposed to fumes at a well site in Saginaw. He was pumping saltwater drilling waste into a tank truck when he came down with a headache and felt a burning sensation in his eyes and face. Doctors at a Dallas hospital diagnosed it as a chemical burn, he said. The U.S. Environmental Protection Agency appears to be growing interested in oil and gas production. The EPA declared greenhouse gases a threat to human health Monday, a finding that could allow the agency to pass regulations on industries that emit gases such as carbon dioxide and methane, the primary ingredient in natural gas. Alsa this month, the EPA settled a 10-month-old lawsuit filed by two environmental groups in Colorado. The San Juan Citizens Alliance and WildEarth Guardians sued to force the EPA to update its oil and gas regulations, some of which were written in 1985. The EPA agreed to update three sets of regulations by November 2011: New source performance standards, which ensure that the latest technology is used to reduce any pollutants from industrial sites. Maximum achievable control technology standards, which address the technology used to control toxic emissions such as benzene and are supposed to be updated every eight years. Residual risk standards, which address any public health risk not covered by other regulations. Council members said Tuesday that they want to work with gas companies to test local sites. But they're also concerned that the state commission doesn't have enough staff to adequately test sites across the Barnett Shale, which covers more than 15 counties. "We need to make sure the producers here ...are aware of our concerns," Councilman Joel Burns said. Councilwoman Kathleen Nicks added, "We need to look at the city of Fort Worth using some of our own money that we gotten from gas drilling ...for additional testing." Mayor Mike Moncrief said it's the state's responsibility to conduct the tests. "We want to know if there are conditions that are dangerous to the citizens that live around where these wells are located," he said. "At the same time there are other urban drilling programs all over the country -and there are fixing to be more -and there hasn't been an issue with air quality that has been raised to date." Activists who attended the meeting said, though, that the council has ignored evidence of pollution related to drilling. Mike Lee, 817-390-7539 Looking for comments? Summary of Letters of Support NAME ADDRESS STREET NAME CITY IN 200 NOTIFICATION AREA 1 Bryant Marbleall ? ? ? ? ? 2 Robert Wittman ? ? Colleyville No 3 Charles Lamb 203 Adams Ct. Colleyville No 4 Michael Brown 508 Bandit Tr. Colleyville No 5 Bill Goodman 513 Bandit Tr. Colleyville No 6 Wayne & Kim Putlak 205 Bandit Trl. Colleyville No 7 William LeGrand 300 Bandit Trl. Colleyville No 8 Sandra LeGrand 300 Bandit Trl. Colleyville No 9 Wayne Beaman 501 Belmont Dr. Colleyville No 10 Wayne & Joy Beaman 501 Belmont Dr. Colleyville No 11 Joel & Gayle Maxwell 5701 Bent Tree Court Colleyville No 12 Brad Meyer 5703 Bent Tree Ct Colleyville No 13 Michael & Elizabeth Love 5700 Bent Tree Ct. Colleyville No 14 Jackie Lane 5702 Bent Tree Ct. Colleyville No 15 Gay Bearden 6000 Bettinger Colleyville No 16 Harold Cline 6316 Bettinger Colleyville No 17 Earl & Lucille Region 5805 Bettinger Dr. Colleyville No 18 Eddie & JoAnne Livingston 6108 Bettinger Dr. Colleyville No 19 Keri Davis 6201 Bettinger Dr. Colleyville No 20 Paul Copenhaver (Trustee) 6300 Bettinger Dr. Colleyville No 21 Doris Gray 6309 Bettinger Dr. Colleyville No 22 Jo Etta & Michael Feaster 500 Beverly Dr. Colleyville No 23 Tim Edwards 608 Beverly Dr. Colleyville No 24 Marion & Mildred Jenkins 609 Beverly Dr. Colleyville No 25 Claire Lopez 701 Beverly Dr. Colleyville No 26 Helen Lear/Nancy Migl-POA 5901 Bransford Colleyville No 27 B. Darrell & Barbara Gotcher 5816 Bransford Rd. Colleyville No 28 Phillip & Rachel Serra 6500 Caldwell Hughes Rd. Colleyville No 29 Maisen Baron Group 7113 Cedar Ct. Colleyville No 30 Kenneth Love 7200 Cedar Ct. Colleyville No 31 Rick Campbell 7205 Cedar Ct. Colleyville No 32 Richard Mullins 7208 Cedar Ct. Colleyville No 33 Clyde Nelson Van Nox 7300 Cedar Ct. Colleyville No 34 Patrick Quinn 7304 Cedar Ct. Colleyville No 35 Diana Quinn 73004 Cedar Ct. Colleyville No 38 Blake Stowes 7308 Cedar Ct. Colleyville No 37 Joe Acoveno 7309 Cedar Ct. Colleyville No 38 Charles Sledge 7317 Cedar Ct. Colleyville No 39 Mark & Laura Castrillon 6403 Champion Way Colleyville No 40 Mark & Kelli Gannon 6500 Champion Way Colleyville No 41 Joseph & Susan Kella 6504 Champion Way Colleyville No 42 Jonathan & Jennifer Leding 501 Chisolm Ct. Colleyville No 43 Chloe Teafatiller 508 Chisolm Ct. Colleyville No 44 Linda Clem 504 Chisolm Ct. Colleyville No 45 Patricia Alvarado 500 Colleyville Terrace Colleyville No 46 Eugene & Dolores Bergfeld 600 Colleyville Terrace Colleyville No 47 James Storm 601 Colleyville Terrace Colleyville No 48 David Dickey 605 Colleyville Terrace Colleyville No 49 Richard & anita Rotenberry 700 Colleyville Terrace Colleyville No 50 Richard Wrisley 704 Colleyville Terrace Colleyville No 51 Tommy Davis 708 Colleyville Terrace Colleyville No 52 Tommy Davis 708 Colleyville Terrace Colleyville No 53 Jeffrey & Aliza Miller 801 Colleyville Terrace Colleyville No 54 Patricia Robinson 804 Colleyville Terrace Colleyville No 55 Linda Calloway 812 Colleyville Terrace Colleyville No 56 Steve Denney 106 Colonial Square Colleyville No 57 Daniel Micka 309 Covington Way West Colle ville No 58 Philip White 6803 Curtis Rd. Colleyville No 59 Jiangping 8 Li Peng 6708 David Ln. Colleyville No 60 Michael & Barbara Barrett 6317 Derby Dr. Colleyville No 61 William & Linda Charters 6321 Derby Dr. Colleyville No 62 Will Fergos 6204 Equistrian Ct. Colleyville No 63 David Dixon 601 Frontier Ct Colleyville No 64 Carolyn Mithcell 508 Frontier Ct. Colleyville No 65 David & Mary Livingstone 600 Frontier Ct. Colleyville No 66 Alfred Maddox 5700 Grand Oak Ct Colleyville No 67 Kathy Watkins 5704 Grand Oak Ct Colleyville No 68 David & Tracy Robertson 5701 Grand Oak Ct. Colleyville No 69 David Vincent 5702 Grand Oak Ct. Colleyville No 70 Frank & Judy Hall 5705 Grand Oak Ct. Colleyville No 71 David Adams 200 Hancock Ct. Colleyville No 72 Dana Allen 1405 Hardage Colleyville No 73 James & Anne Terry 1103 Hardage Cr. Colleyville No 74 Charles McDaniel 1101 Hardage Ct. Colleyville No 75 J. Daniel & Becky Smith 1102 Hardage Ln Colleyville No 76 Maria Ewing 1104 Hardage Ln Colleyville No 77 Tommy & Vickie Jordan 900 Hardage Ln Colleyville No 78 Gary & Melinda Wright 1006 Hardage Ln. Colleyville No 79 Cindy & Jimmy Stovall 1106 Hardage Ln. Colleyville No 80 Dennis Jones 1205 Hardage Ln. Colleyville No 81 J. Earl Morse 1207 Hardage Ln. Colleyville No 82 Steve & Ronda Polansky 6713 Herbert Rd. Colleyville No 83 Tim & Carol Dacy 6500 Horseshoe Bend Colleyville No 84 C.L. & Ruth Madden 6112 Hunter Lane Colleyville No 85 Thomas Panno 6114 Hunter Ln Colleyville No 86 Todd & Lisa Pipes 6117 Hunter Ln. Colleyville No 87 Jerry & Carolyn Allen 5917 Hunter Ln. Colleyville No 88 Brad & Bev Young 6100 Hunter Ln. Colleyville No 89 Christine Combes 6106 Hunter Ln. Colleyville No 90 Margaret Yoes 6113 Hunter Ln. Colleyville No 91 Robert McGregor 6115 Hunter Ln. Colleyville No 92 Robert McGregor 6115 Hunter Ln. Colleyville No 93 Dennis & Karen Trimble 6803 India Ct. Colleyville No 94 Michael Murphy 7606 Jefferson Cr. Colleyville No 95 Sharon & Ronald Mayfield 7700 Jefferson Cr. Colleyville Yes 96 Kenji Nishikawa 8005 Jefferson Cr. Colleyville No 97 Vance Solis 7200 Jo Will Colleyville No 98 Jimmy & Jan Isbell 7204 Jo Will Colleyville No 99 Terry & Martha Walker 7109 Jo Will St. Colleyville No 100 Barbara Maples 7112 Jo Will St. Colleyville No 101 Vincent & Mitri Divino 7113 Jo Will St. Colleyville No 102 Randall Miller 7400 Jo Will St. Colleyville No 103 Randall Miller 7400 Jo Will St. Colleyville No 104 Gregg Hart 1901 John McCain Colleyville No 105 Matthew Jamieson 7207 John McCain Rd Colleyville No 106 Niniah Jamieson 7207 John McCain Rd Colleyville No 107 Ben & Roxanne Jones 104 John McCain Rd. Colleyville No 108 Dale & Roxanne Holt 116 John McCain Rd. Colleyville No 109 Opal McBroom 512 John McCain Rd. Colleyville No 110 James Draper, Jr. 7300 John McCain Rd. Colleyville No 111 Ann Epperson 7308 John McCain Rd. Colleyville No 112 Larry Epperson 7316 John McCain Rd. Colleyville No 113 Sean Bryan 7506 John McCain Rd. Colleyville No 114 Dale Miller 6405 Kentucky Ct Colleyville No 115 Rhonda Crocher & Kenneth Young 6500 Kingston Colleyville No 116 Joe & Kay Hanzelka 6508 Kingston Colleyville No 117 Ed & Cynthia Bittick 6405 Kingston Dr. Colleyville No 118 Tom Shears 6504 Kingston Dr. Colleyville No 119 John & Diane Pce 6004 L D Lockett Rd Colleyville No 120 Kathy Pirkle 807 Laurel Oaks Ln. Colleyville No 121 kathy Scovic 809 Laurel Oaks Ln. Colleyville No 122 Jimmy Labrecque 6212 LD Lockett Colleyville No 123 Don Dixon 6012 Ld Lockett Rd Colleyville No 124 Rachel Whittlesey & Scott Burnett 6208 LD Lockett Rd Colleyville No 125 Lonnie & Nancy Williams 7609 Leesburg Dr. Colleyville No 126 Lou Anne King Jensen 7802 Leesburg Dr. Colleyville No 127 James & Edi Gray 505 Leta Ln. Colleyville No 128 Eric 8~ Susan Hulet 608 Leta Ln. Colleyville No 129 Eldon & Barbara Surley 617 Leta Ln. Colleyville No 130 Wesley Bailey 1504 McCain Ln. Colleyville No 131 Mark & Mary Watson 111 McDonwell School Rd. Colleyville No 132 Donald Dunn 6915 Meade Dr Colleyville No 133 Brandon & Julie Brake 6005 Milan Ct. Colleyville No 134 Justin & Laura Johnson 6012 Milan Ct. Colleyville No 135 Michael & Jennifer Azbell 7207 Monticello Pkwy. Colleyville No 136 Tom Loesing 7503 Monticello Pkwy. Colleyville No 137 Randy & Becky Petree 7605 Monticello Pkwy. Colleyville No 138 Tuong-Khanh Vu 8105 Montpelier Way Colleyville No 139 Miles & Sandra Davis 7510 Mount Vernon Colleyville No 140 George Scott 7502 Mount Vernon Dr. Colleyville No 141 Larry Lewis 209 Oaklawn Dr. Colleyville No 142 Ralph LaRovere 306 Oaklawn Dr. Colleyville No 143 John Terhoeve 1204 Opal Court Colleyville No 144 John Terhoeve 1204 Opal Court Colleyville No 145 John Terhoeve 1204 Opal Court Colleyville No 146 Paul & Tammy Lightfoot 1204 Opal Court Colleyville No 147 Todd Boysen 1205 Opal Ct. Colleyville No 148 Michael & Melissa Gonzales 7412 Overland Tr. Colleyville No 149 Beverly Schroeder 7204 Overland Trl. Colleyville No 150 Wesley R. & Carol Eaves 7409 Overland Trl. Colleyville No 151 Jack Bowling 6100 Park Ct Colleyville No 152 Christopher & Heather Derganc 1013 Pauls Path Colleyville No 153 Lori Bowden 7205 Pebble Hill Dr. Colleyville No 154 Orlando Alamzi 6805 Peters Path Colleyville No 155 John Allen 6813 Peters Path Colleyville No 156 James Gribschaw Jr. 6905 Peters Path Colleyville No 157 Scott Brodows 6913 Peters Path Colleyville No 158 Gregory & Susan Oltman 7001 Peters Path Colleyville No 159 Brian Bezdek 7101 Peters Path Colleyville No 160 Richard ~ Debra McLaughlin 7108 Peters Path Colleyville No 161 Peter & Geraldine Fedynich 7109 Peters Path Colleyville No 162 Mona Coulter 6105 Pleasant Run Colleyville No 163 Jon Reitman 5702 Pleasant Run Rd Colleyville No 164 Tod & Deborah Chasezewski 5707 Pleasant Run Rd Colleyville No 165 Larry Stewart 5912 Pleasant Run Rd Colleyville No 166 Eddie Stowe 6014 Pleasant Run Rd Colleyville No 167 Frankie Ann Stowe 6212 Pleasant Run Rd Colleyville No 168 Joe & Cheri Spurlock II 6816 Pleasant Run Rd Colleyville No 169 Kenneth McKeown 6909 Pleasant Run Rd Colleyville No 170 Lynne McKeown 6909 Pleasant Run Rd Colleyville No 171 Stephen & Renee Morris 7201 Pleasant Run Rd Colleyville No 172 Stephen & Brooke Moose 7204 Pleasant Run Rd Colleyville No 173 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 174 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 175 Scott & Mary Willis 6114 Pleasant Run Rd. Colleyville No 176 Michael Burkham 6604 Pleasant Run Rd. Colleyville No 177 David & Jennifer Scott 6704 Pleasant Run Rd. Colleyville No 178 Robert Pool 6905 Pleasant Run Rd. Colleyville No 179 Michael Abeyta 6908 Pleasant Run Rd. Colleyville No 180 Linda McCrary 408 Polo Ct. Colleyville No 181 Steve & Mary Ann Mansell 320 Polo Tr. Colleyville No 182 Ben Wasson 304 Polo Trl. Colleyville No 183 Lynn Putnam 315 Polo Trl. Colleyville No 184 Gary McPherson 316 Polo Trl. Colleyville No 185 John Keany 203 Polo Trl. Colleyville No 186 Dan & Vikkie Chaney 5904 Ponderosa Colleyville No 187 Kevin Gavlak 5712 Ponderosa Ct. Colleyville No 188 James & kerry Kniese 6512 Ponderosa Ln Colleyville No 189 Jonathan Lee 6412 Ponderosa Ln. Colleyville No 190 Charles Smith 6417 Ponderosa Ln. Colleyville No 191 Mike & Becky Wells 5602 Ponderosa St. Colleyville No 192 Jefferey Billups 5704 Ponderosa St. Colleyville No 193 Danny Rich 5706 Ponderosa St. Colleyville No 194 Jimmie Vaughan 5812 Ponderosa St. Colleyville No 195 Kenneth & Martha Mauch 5903 Ponderosa St. Colleyville No 196 Daniel & Tresa redmond 5905 Ponderosa St. Colleyville No 197 Misty Parshall 5912 Ponderosa St. Colleyville No 198 Gary Touchstone 6208 Ponderosa St. Colleyville No 199 Arnolodo & Susan Easterly 604 Potomac Place Southlake No 200 Alfredo & Cinde Perales 209 Raintree Ct. Colleyville No 201 Jeff & Fredda Hall 504 Remington Ct. Colleyville No 202 Vicky Gardner 511 Remington Ct. Colleyville No 203 Danna Ward 500 Remington Pkwy. Colleyville No 204 Ron Magnuson 6304 Remington Pkwy. Colleyville No 205 Tracy Evatt 200 Rochelle Ct. Colleyville No 206 Dan Moody 6901 Rockingham Ct. Colleyville No 207 Tom Trautman 500 Sagebrush St. Colleyville No 208 Kenneth Fraser 501 Sagebrush St. Colleyville No 209 Darrel Keith Baldwin 508 Sagebrush St. Colleyville No 210 Edward Fietel 509 Sagebrush St. Colleyville No 211 Evelyn L. McLain 512 Sagebrush St. Colleyville No 212 Craig Toby 6624 Sapphire Cr. Colleyville No 213 Bryan & Caren Jones 6722 Sapphire Cr. Colleyville No 214 Randy Beeman 6705 Sapphire Cr. N Colleyville No 215 Phillip Agboje 6729 Sapphire Cr. N Colleyville No 216 Gerri Musso 6701 Sapphire Cr. N. Colleyville No 217 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 218 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 219 Vincent Smar 6714 Sapphire Cr. N. Colleyville No 220 Hanging Lu 6721 Sapphire Cr. N. Colleyville No 221 Casey & Tanya Tierney 6725 Sapphire Cr. N. Colleyville No 222 Glenn Griggs 6600 Sapphire Cr. S. Colleyville No 223 Michael Flores 6604 Sapphire Cr. S. Colleyville No 224 Suresh K Manyam 6609 Sapphire Cr. S. Colleyville No 225 Whitney Stark 6615 Sapphire Cr. S. Colleyville No 226 Sidney & Lucy Xue 6620 Sappphire Cr. S. Colleyville No 227 Bill & Beverly Lothrop 609 Shelton Dr. Colleyville No 228 Billy & Dinah Stephens 612 Shelton Dr. Colleyville No 229 Ronnie & Donna Walker 804 Shelton Dr. Colleyville No 230 Tom & Julie Braun 809 Shelton Dr. Colleyville No 231 Billy Hugon 609 Shetland Colleyville No 232 Pamela Skotak & Hilton Marques 608 Shetland Dr. Colleyville No 233 Zubin Khubchanduri 612 Shetland Dr. Colleyville No 234 Zubin Khubchanduri 612 Shetland Dr. Colleyville No 235 Johnnie Crisp 613 Suellen Cr. Colleyville No 236 Terry & Debbie Bouton 611 Terrace Ln. Colleyville No 237 Jeffrey Embrey 6301 Theresa Ln. Colleyville No 238 Walter Deetz & Sandy Shepherd 7603 Tillman Hill Colleyville No 239 Louis ~ Elizabeth Miller 7802 Tillman Hill Ct. Colleyville No 240 Richard ~ Helen Mayse 7501 Tillman Hill Rd. Colleyville No 241 Michael & Marsha Bratz 7503 Tillman Hill Rd. Colleyville No 242 Gerald Usrey 1008 Tinker Rd. Colleyville No 243 Wesley Agler Jr. 1009 Tinker Rd. Colleyville No 244 Gary & Barbara Jenkins 1212 Tinker Rd. Colleyville No 245 Alan & Jul Kamen 7212 Tumbleweed Ct. Colleyville No 246 Clara Ruth Grant 7213 Tumbleweed Ct. Colleyville No 247 Tom Smith 1217 Tuscany Dr. Colleyville No 248 Tom & Janet Smith 1217 Tuscany Dr. Colleyville No 249 Scott & Janet Uszynski 6005 Valentino Ct. Colleyville No 250 Judy Helms 306 Van Oaks Colleyville No 251 Cristy & Wallace Leavelle 208 Van Oaks Dr. Colleyville No 252 Phillip & Karla Millman 7109 Vanguard Ct. Colleyville No 253 Todd & Sharon McNitt 7200 Vanguard Ct. Colleyville No 254 Gene Lukacsy 7201 Vanguard Ct. Colleyville No 255 Arthur Bennet 7208 Vanguard Ct. Colleyville No 258 Reginald DeKoven 7301 Vanguard Ct. Colleyville No 257 J. Walt Mills 404 Vintage Ct. Colleyville No 258 Robert Braun 206 W LD Lockett Rd. Colleyville No 259 Brenda Loynachan 201 W Van Oaks Dr. Colleyville No 280 James & Marla Tatum 301 W. Charlottesville Ave. Colleyville No 281 Michael & Carol Burke 309 W. Charlottesville Ave. Colleyville No 282 Richard & Janet Cunningham 311 W. Covington Way Colleyville No 283 Henry Wells 413 W. McDonwell School Rd Colleyville No 284 Mickey Harris 109 W. McDonwell School Rd. Colleyville No 265 Carter & Yvonne Hatton 307 W. McDonwell School Rd. Colleyville No 286 Norman Arkoos 501 W. McDonwell School Rd. Colleyville No 287 Ronald Mason 805 W. Murphy Colleyville No 268 Gregory S. Simpson 209 W. Van Oaks Dr. Colleyville No 289 Bradford H. Bowen 508 Wagonwheel Colleyville No 270 Larry Austin 500 Wagonwheel Ct. Colleyville No 271 Nancy Shepherd 500 Wagonwheel Ct. Colleyville No 272 George Lord 501 Wagonwheel Ct. Colleyville No 273 Christine Mudge 505 Wagonwheel Ct. Colleyville No 274 John Christensen 7213 Walden Ct. Colleyville No 275 Denise Salcido 7117 Waldon Ct Colleyville No 276 George & Kay Standridge 7200 Waldon Ct Colleyville No 277 Mike Harvison 7208 Waldon Ct Colleyville No 278 Jason Taylor 7209 Waldon Ct Colleyville No 279 Neil & Melinda Both 7101 Waldon Ct. Colleyville No 280 Marco Coppola 7105 Waldon Ct. Colleyville No 281 Clarence & Joy Lee 7109 Waldon Ct. Colleyville No 282 Trent Bauer 7113 Waldon Ct. Colleyville No 283 Steven & Donna Hawkins 7201 Waldon Ct. Colleyville No 284 Dee Ann Naler 6101 Waller Ln. Colleyville No 285 Jeffrey S Moschel 6209 Westcoat Dr Colleyville No 286 Jonathan & Carleen Stout 6101 Westcoat Dr. Colleyville No 287 Charles Dominy & Mary Brewer 6208 Westcoat Dr. Colleyville No 288 James & Lynne Dossey 6211 Westcoat Dr. Colleyville No 289 Charles & Linda Simmons 6303 Westcoat Dr. Colleyville No 290 Carleen Hofmann 6400 Westcoat Dr. Colleyville No 291 Bobby Fitzgerald 201 White Dr Colleyville No 292 Marilyn S. Fitzgerald 308 White Dr Colleyville No 293 Jeremy Blythe 204 White Dr. Colleyville No 294 James Braswell 106 Williamsburg Ct. Colleyville No 295 GW Addy 7217 Windswept Colleyville No 296 Brian Estridge & Rebecca Ringer 7209 Windswept Tr. Colleyville No 297 Alice mathew 7401 Windswept Tr. Colleyville No 298 Donal DeGroot 7420 Windswept Tr. Colleyville No 299 Gary Hazlewood 7600 Windswept Tr. Colleyville No 300 Tai Wai David Chen 7205 Windswept Trl. Colleyville No 301 Cal Fletcher 7208 Windswept Trl. Colleyville No 302 Gale & Julie Barron 7303 Windswept Trl. Colleyville No 303 James 8 Patricia Burleson 7304 Windswept Trl. Colleyville No 304 Wayne & Bev Harper 1219 Wyndham Hill Ln. Southlake No Assorted News Media Articles Published Since October, 2009 Addressing Gas Well Issues Articles are listed in chronological date order beginning in October Denton County Town Call for Natural Gas Regulations WFAA-TV Channel 8 By JIM DOUGLAS /WFAA-TV Posted on October 13, 20t}~ at 6:41 AI~'1 t,~pdatecl:tlonci'av, (.lct 19 crt x:13 P1L1 The Denton C'ountY town of less than 200 is leading a charge for change. The push began with. Dish. residents fighting for state oversight of natural gas pipelines. Now, scientists }lave corrTirmed their worst fears. T'he tiny town has neal•ly a dozen gas compression engines, and. it was a lingering smell in the air that led to initial concerns over air duality. Many say it was lax state regulations that led the "Gown of Dish to be at the mercy ol` industrial pollution from natural gas compression stations. The town, which has eleven engines pressurizing natural gas from pipelines within its limits, paid. for its own study. Dish sits at the crossroads of nearly a dozen. high-pressured. lines. ""I~here were 16 total toxins that were above T'CT3Q-established limits," said Mayor Calvin 'Tillman, refe~i•ring to the 'T'exas Commission on Environmental Quality. Tillman said some levels ofcancer-causing agents anal neuroto~cins were 1.00 times above state standards. ""I11e industry has told us time and time again that what were smelling is just odorant; it's nothing that «-ould harm us," Tillman said. At a Dish Town Hall m-eeting Monday night, environmental scientist Alisa Rich told residents unusually high levels of benzene, carbon disulphide and xylene were discovered in the air. "It's absorbed very readily in the lungs, o#ten times resulting in GI }~roblerns," she said.. Dish town leaders called. on companies to shut down the gas compressors until. more tests are done. "I would like to sec a safety stand down." said one leader. While most residents at the meeting said the news didn't send them into a panic, they said i has raised serious concerns. "I'm definitely alarmed for the little one." said Zack Smith, a Uish resident, while standing next to his wife and young daughter. "i don't want to subject her to anything she shouldn't be subjected to, as well as I don't want to be subjected to anything I should be subjected to. I am beginning to wonder if that's the case." I'he Texas Commission of Environmental C~uality is also doing its own testing on Dish's air quality. There arc i~undreds of gas compressors across North Texas. Environmental scientists say there has not been a lot of air testing done to keep up with the growth of the compressors. Colleyville to consider first gas-well drilling permit Fort Worth Star-Telegram Posted Sunday, Nov. O1, 2009 BY AMAN BATHEJA abatheja ~ star-telegram.com Colleyville will consider its first permit application to drill a gas well in the city this month, about a year after most leasing activity in the area slowed down. Fort Worth-based Titan Operating filed its application in August for aspecific-use permit to drill on 53 acres at 7612 Pleasant Run Road. The property, owned by John Quenichet, is near the Colleyville-Southlake border. Colleyville and Southlake require drilling companies to apply for a variance for drill sites within 1.,000 feet of a home or other buildings. Some properties in south Southlake are about 900 feet from the Titan site, said Ron Ruthven, Colleyville's community development director. But because the homes are in Southlake and the drill site is in Colleyville, the company does not have to apply for a variance, Ruthven said. The application for aspecific-use permit is scheduled to go before the Planning and Zoning Commission on Nov. 9. Colleyville residents who live near the site were recently mailed notices about the application and the meeting, Ruthven said. Southlake officials have been notified about the application, and. Southlake residents are welcome to voice concerns at the meeting, Ruthven said. Colleyville had. received no complaints or concerns about the location of the drill site as of Friday, city spokeswoman Mona Gandy said. The application has the support of the owners of nearly 5,000 acres who leased their mineral rights to Titan through the Colleyville Area Mineral Rights Association, founder Grady Walker said. "CAMRA is l 00 percent behind them," Walker said. "They've continued to work with us. Really, for our coalition the-•e's been no hiccups whatsoever." Titan President Mark Schumacher said the company expects to start drilling on the site next fall. "We have other leases in Southlake that we'll be seeking permits on in the future," Schumacher said. There are no gas wells in Southlake, and the city has received no applications to drill one, spokeswoman Pilar Schank said Friday. Drilling slowdown Thousands of Colleyville property owners signed with Titan last year when the company was offering $25,000 signing bonuses. It drew the ire of some property owners when it abruptly discontinued its offer after a decline in natural gas prices. Colleyville leased 248 acres of city land to Titan fora $25,000-an-acre bonus and 25.5 percent royalty. Titan has leases in Arlington, Grand Prairie and unincorporated portions of .Tohnson County, Schumacher said. The company does not have any active wells in Tarrant County but has permits filed in other cities in the county, he said. "Our company is bullish on the long-term prospects of natural gas, clean-burning, abundant and American.," Schumacher said. Along with bringing leasing to a halt, last year's drop in natural gas prices slowed the drilling of wells in the Barnett Shale, said Gene Powell, publisher of the Barnett Shale Newsletter. "We've had a huge drop in permits and also a huge drop in completed wells," Powell said. He guessed that there are as many as 650 wells in the region that have been drilled but where production won't start until prices increase. Lawmaker calls for action after toxin found at gas operations WFAA-TV Channel 8 by CHRIS HAWES /WFAA-TV Posted on November 3. 2009 at 132 F'IVI FORT WORTH. ---- State Sen. Wendy Davis is expressing surprise and concern this week about preliminary results of air testing in the Barnett Shale. As a result, she's asking Lt. Governor David Dewhurst to convene a Senate investigation prior to the next session. "It seems as though there are same very serious health concen~s that should cause us alarm," Davis said. Davis is referring to the Texas Commission on Environmental Quality's discovery of a cancer-causing toxin in the air near some natural gas operations in the Barnett Shale. The benzene levels were discover°ed as part oI'a larger study on emissions being conducted with the help of an infrared camera that identifies heat. Long-term exposure to benzene can lead to leukemia. Un Monday. Davis sent a letter to I,t. Gov. David I:)ewhurst, calling for a Senate investigation into the environmental impacts of gas production processes, and. expressing concern over the benzene levels discovered both by TCEQ and a private study in DISI-I, a small Denton County community. In both cases, "I'CI.:;Q says additional testing is needed. Davis had previously requested an examination of the environmental impacts of the Barnett Shale prior to the next legislative session as part of a larger last of proposed issues to be considered. However, in Monday's letter, Davis summarized the concerns about benze~7e levels found in Barnett Shale air. "Given all of the above. [ respcctfuliy rc-urge your appointment of an interim study to review current data, to determine ~~-~hether further testing is necessary, and to recommend pollution. control. methods to assure protection. of the health. of the community that we represent," :Davis wrote. Thus far, Dcwhurst's office has issued. no response to Davis' request. Colleyville could mandate air testing at proposed drill site WFAA-TV Channel 8 by CHRIS HAWES /WFAA TV Posted on November l 0. 2{)09 at 9:21 ]~M COLL.<EYV1L,t,E - An upscale Tat•rant County community wants to know wrhy drilling for natural gas is being proposed near homes and next to a park.. The Hills of Monticello's lease specifies "....in no event shall a well be located less than 1,000 feet from the land without lessor's written consent." Titan Operating, however, is proposing a well site X00 feet from the tennis courts in the neighborhood's park.. The drill site would be the first in Colleyville. The l~-fills of Monticello spans both Southlake and Colleyville. When homeowners considered allowing gas drilling under their land a couple of years ago, they had one big concern, according to homeowners Laura anal Shawn McCaskill: Keeping the drilling rigs away from their park and their homes. News 8 checked and found Titan Operating is following City of Colleyville rules, putting wells at least 1.,000 feet from homes surrounding the property in that city. Unfortunately for the McCaskills aniL half a dozen other families, their homes are on the Southlake side of the two cities' border. So, essentially, they don't count. The McCaskills and other homeowners learned of the proposed site around the time the Texas Commission. on Environmental Quality talked for the first dine about concen~ over benzene levels in the air near some drilling operations in the Barnett Shale. That news added. to homeowners' concern. "We're just too close for comfort," said Shawn. McCaskill. The City of C;olleyville is concerned about air quality as well. They plan to require Titan Operating to pay for air emissions testing during all phases of drilling ifthe pad site is approved. It would be the first time a Barnett Shale city has been. known to take that step. ']'itan Operating representatives say they'll agree to the testing, but want to further discuss specifics of how it would. be conducted. Titan Operating contends that the proposed site affects the smallest number of homeowners. The t;olleyville f Tanning and Coning Commission considered. the proposal on Monday night, but d-ecided to table the issue after hearrng numerous comments from residents both supporting and opposing the dri)1 site. After the commission's decision, 'T'itan ()perating's president, Mark ScJlumacher, said in a written message: "~'e look forward to working with Monticello Estates HOA regarding their concerns." FW leaders order report on Barnett Shale emissions WFAA-TV Channel 8 By CHRIS HAWES /WFAA-TV Posted on November 18. 2{)09 at ] x:04 AM C:~drztf~d lt'ednesda~~, .Nov 18 at 11: (1<y A1%1 FORT' WOR"hH -Fort Worth is preparing to take acticm concerning reports of high levels ofthc cancer-causing chemical benzene in air starrounding Barnett Shale natural gas facilities. City leaders tyre concerned that the city may need to do more to protect its citizens. "The Fort Worth City Council met Tuesday night to discuss the issue. "[ don't think we can wait," said council member Kathleen. I ticks, referring to an examination ol~the cnvironmcntal impact of natural gas drilling in Fort Worth. She said. she is concerned. after hearing News 8 reports of high. levels of benzene, a cancer-causing toxin, tbund with the help of infrared. cameras near some natural gas facilities in the Barnett Shale. "1 don't think we cGu1 frankly wait until the legislative session goes back in ayear-and-a- half," Hicks said, "I think this is somethii~lg we need to deal with as soon as possible." I licks, along with Fort 1~'orth Mayor Mike Moncrief, directed city staffers Tuesday to compile a report ors what's knov~-'n about emissions. Questions include: • VVho should be testing the air`? • What arc other cities arc doing to protect their citizens? For example, Colleyville is considering requiring air quality sampling during all phases of drilling as a condition for issuing drilling permits. "We have to make sure we ace doing our due diligence," Moncrief said. "That we are using ~~-hatever technology is available to us to make sure we look carefully at what effects are taking place." "T'exas Commission on Environmental Quality i~lvestigators were back in the area on Tuesday, taking more air sarrrples. A c~rnplete report on what tf~ey find is e~pccted by the end o~f the year. Barnett Shale air study reveals alarming results WFAA-TV Channel 8 by CHRIS HAWES /WFAA - TV Posted on November 25. 20Ox) at 1?:O~~i PM Tests are still under way, beat News 8 bras obtained some of the test results from the Barnett. Sha1c Air Quality study, looking at levels of the cancer-causing toxin benzene. If the air you breathe for years contains more than. 1.4 parts per billion of benzene, state investigators start getting concerned abot~rt your health. "It can cause blood diseases leading up to leukemia,'' said Texas Commission on Environmental Quality toxicologist Dr. Mike 1-Ionevcutt. So imagine the reaction of scientists looking at an air sample from a 'Targa Resources compressor station, outside Decatur, west of DISI-[ in Denton County. The sample revealed a level ol` 1,100 parts per billion of benzene. ""hhat would be equivalent to opening tip a can of gasoline and holding it up under your nose," Honeycutt said. hi a statement, Targa Resources president Joe I3ob Perkins said: '`Targa Resources recently learned of`a r7ews story referring to the TCFQ's concerns over emissions from natural gas production in tihe Barnett Shale. "Targa Resources has a strong commitment to our environmental obligations, and we have been recognized for our efti~rts to improve air quality. While Targa Resources' goal is to operate our facilities in compliance with all applicable regulations, we also focus on conducting our operations in cooperation with the communities in which we operate. "I~arga Resources has worked with the "I~CEQ to ensure compliance with current emissions per°mits in North Texas and will continue working with the TCF,Q as it gathers data and considers updating existing regulations in the area.'' But the study has uncovered even higher levels of benzene in the air. A sample taken at a nearby Devon Energy well head revealed 15,000 parts per billion of~benzene. Devon Energy spokesman Chip Minty points out a reading on public property, further from the wellhead, would have been lower, and provided the following statement: "...a TCE curve ~ Sam le reflected that a Devon well was emittin natural as Q y ' p g g. , from. its ~~-ellhead. Prior to its notification. of this emission, I:.)evon personnel had found and. corrected the leak during the regular course of business ... Devon is sensitive to air quality in North Texas, and uses a number of innovations to reduce its air emissions, such as reduced emission completion methods, low emission valves and vapor recovery systems. Devon's ongoing effort to reduce emissions is part of Devon's role as a member of the Environmental Protection Agency s Natural Gas STAR program, a voluntary partnership aimed at reducing natural gas emissions. in addition to our independent efforts, we are working closely with '1`CI3Q to address current emissions concetms in North fl`exas. We appreciate the leadership r°ole "TCEQ is playing in addressing recent questions about air quality in North Texas." Other high readings revealed so fair include a compressor station outside Weatherford anti a disposal well outside Springtow~n in Parker County, both of which at dozens of times exceeded the benchmark for concern about long-term exposure. Parl<cr County .lodge Mark Riley ordered the TCEQ testing and records be made available to any citizen who requests them, free of charge. "We want even~body in the community to know there`s a potential here. anti also there are steps being taken to hopefully resolve this issue." Riley said. Since August, TCEQ has taken about 300 air samples at approximately 30 facilities in Tarrant, Wise, Denton, Park, and Johnson counties. Of those. 50 samples exceeded the commission's benchmark. for concern about long-term health risk. which refers to exposure over multiple years. TCEQ cautions that long-term testing is needed to see if the samples are in line with the benzene levels that exist over the course of a year. "'i'he benzene numbers that we're finding are coming from some parC of'the oil and bas facilities, so we have to figure out w11at parts, and how to resolve that issue,'' Honeycutt said. The current study anal full. testing results won't he released for weeks. The nest big hurdle may be figuring out how widespread elevated benene emissions from. natural gas facilities might be. "We don't know if it's one out of every l 0, ore out of every 100, one out of every 1,000," Honeycutt said. One area municipality isn't waiting. 1)LSH -- ringed by compressor stations -- has sent a letter to companies in and around the town, asking operations be halted until more is known. Thus far,. the town southwest of Denton has received no responses. At Odds Over Land, Money and Gas New York Times 13~ MIREYA NAVARRO CHENANGO, N.Y. -Chris and Robert Lacey own 80 acres of idyllic upstate New York countryside, a place where they can fish for bass in their own pond, hike through white pines and chase deer away. ,~~ k NE~,'.~ YC/F~K pt. 4 ~r r' :' `~ ~=~.:' t ~~ a~at~~= ~~r~:. C; iCy~ ..a ~ '7e But the Laceys hope that, if all goes well, a natural ~7,as wellhead will soon occupy this bucolic landscape. Like many landowners in Broome County, which includes the town of Chenango, the Laceys could potentially earn millions of dollars from the natural gas under their feet. They live above the Marcellus Shale, a subterranean layer of rock stretching from New York to Tennessee that is believed to be one of the biggest natural gas fields in the world. As New York environmental officials draft regulations to allow drilling in the shale as early as next year, thousands of residents like the Laceys in upstate counties have banded together in coalitions to sign leases with gas companies for drilling on their land -for $5,000 to $6,000 an acre for a term of five years, and royalties of up to 20 percent on whatever gas is found. "When I heard about drilling, what came to mind was `Thank you,' "said Mrs. Lacey, 58, who has lived on her property here for 27 years with her husband, Robert, 68, a commercial insurance agent. "Finally our community can recover, and our children don't have to leave the state to find jobs." In New York City, natural gas exploration is largely seen as a threat to the drinking water the city gets from watersheds to the north in the Catskills. But in the rural communities above the shale, the reaction has been far more mixed -and far more contentious. Some residents welcome the drilling as a modern-day gold rush and salvation from the economic doldrums that they say have chased jobs and young people away from their area. Others express concerns about the environment and quality-of--life issues like noise and heavy-truck traffic. In some cases, the issue has pitted neighbor against neighbor or spouse against spouse. Exploring the shale involves a drilling method called hydraulic fracturing that requires pumping huge volumes of water laced with benzene and other chemicals into the rock to break it and extract gas. The process raises issues about the use and disposal of wastewater, and the danger of leaks, spills and other contamination. It has been linked to contamination of water wells in Pennsylvania and Wyoming and to the death of livestock in Louisiana. Mark Dunau, an organic vegetable farmer with 50 acres in the town of Hancock in Delaware County, says he is passing up any potential rewards from drilling because of worries about the pollution of water and air and the cumulative impact of thousands of wells. "That water is my resource," he said. Mr. Dunau, 57, and his wife, Lisa Wujnovich, 55, said that they were holdouts not only among their neighbors but also among their friends, and that the character of their community was already changing. Mr. Dunau said he knew people who said they would take the money and move away, families who were fighting over whether to sign gas leases, and neighbors who regretted signing too early for too little money. "It's a nightmare," he said. One of Mr. Dunau's neighbors, Grace K. Kinzer, signed a lease with Chesapeake Ener4;v two years ago when a representative of the company knocked on her door with an offer of $25 an acre and royalties of 12.5 percent, she said. Ms. Kinzer, 83, said she needed money to pay her taxes so she signed, getting about $2,750 for 110 acres that would now fetch more than half a million dollars. Ms. Kinzer said she felt as if "I got taken for a ride." But Brad Gill, executive director of the Independent Oil and Gas Association of New York, said that two years ago, gas companies could not justify high leasing costs. Prices have steadily climbed with the success of drilling the Marcellus Shale in states like Pennsylvania, he said. "I understand the frustration, but I'd also be fair-minded," he said. Sometimes rifts over drilling are found under the same roof. Myron and Shirley Ernst, who own two acres in the Broome County town of Vestal, were recently invited by a neighbor to join a landowners' coalition that is negotiating with gas companies as a group. The Ernsts, teachers who ran a Montessori preschool on the property until their retirement five years ago, are at a standoff. Mr. Ernst, 72, favors drilling as a matter of survival. "We're prostrate, and dependent on oil from enemy countries," he said. His wife, 74, said she was too worried about possible accidents and chemical spills. "My main concern is the aquifer," she said. "We have our own well. I don't want to have to buy bottled drinking water." She refuses to sign a lease, and, after 46 years of marriage, Mr. Ernst said, he knows better than to think he can persuade her. "That's like asking how do I plan to fly to Pluto," he said. But the holdouts cannot stop the transformation of their surroundings, both good and bad, once drilling is allowed. The area of the shale in New York that is expected to be the most productive spans about 3.4 million acres in 10 counties, but lies mostly in Broome, Delaware, Sullivan, Chenango and Tioga, said officials from the lnde~endent Oil and. Gas Association of New York. Further fostering bad feelings within communities, under a concept known as "compulsory integration" gas companies can drill under land without the owner's consent if they have leases in most of the surrounding area. Those owners without leases would get royalties of 12.5 percent on gas from their property, the minimum allowed under state law, but many worry more about exposing their water to pollution. "They could be drilling directly under your well and threatening your groundwater," said Wes Gillingham, the program director for the environmental group C'atskitl Mountainkeeper. He owns 100 acres in Sullivan County and said he was trying to keep it off-limits to drilling. The regulations proposed by New York's Department of Environmental Conservation are under fire as inadequate from environmentalists around the state. Another concern shared by both the pro- and anti-drilling sides is whether the environmental agency, which has suffered financial and staff cuts, will have the resources to monitor the drilling. But the financial benefits beckon strongly in the communities that stand to benefit from a gas boom at a time when they are suffering economically. Broome County, which has lost jobs and population over the last decade, would stand to gain $3.72 billion a year in wages and tax and retail revenue from up to 4,000 gas wells, a study commissioned by local officials estimated. (However, a report by Columbia university researchers this year noted that any prediction of economic results was "entirely speculative" because of unknowns like the potential cost of cleaning up contamination.) Broome County officials themselves are seeking to lease the rights beneath the county landfill and airport. "We cannot afford to chase this industry away," Patrick J. Brennan, deputy county executive, told state environmental officials this month at a hearing on the proposed rules governing drilling that drew about 800 people to a school auditorium in the county. Both to poor residents with small parcels of land and wealthy landowners with vast estates, drilling represents an economic opportunity tantamount to winning the lottery. Jim Ward, who heads a landowners' coalition with 138 members whose properties range in size from 650 acres to half an acre, said the sentiment in his group is: "I should have a right to prosper from my land." Mrs. Lacey, who also belongs to a landowners' coalition with her husband, said she was satisfied that the proposed state drilling regulations offered "reasonable protection." She said her group's lawyers were drawing up contracts that added even more restrictions. Common provisions in the leases require gas companies to restore the land to its original state after drilling ceases and to assume all liability for any water contamination. "If people are concerned, they should hide in a cave," Mrs. Lacey said. "These are the people who want to put gas in their car and watch TV, but you can't do all these things if there's no energy. We have to take a risk here." The Laceys would make more than $400,000 upfront once they signed their lease. Although they are not struggling financially, Mrs. Lacey said, she and her husband worry about rising property taxes biting into their retirement comfort. They also want their two married daughters to move back to the area with their families, and they long for an economically vibrant community. "We love it here, and we'd like to stay here after retirement," Mrs. Lacey said. "It'd be easier for us to do that if some of this gas would help us defray our property taxes." She added, "It just basically means that you sleep better at night." Activists unite to air Barnett Shale drilling concerns WFAA-TV Channel 8 by CHRIS HAWES /WFAA-TV Posted on November 29, 2009 at 10:51 PM Updated today at 11:25 AM FORT WORTH - A group of activists have announced they have united their powers to focus on their Barnett Shale drilling concerns. For the past few years, many activists along the Barnett Shale have expressed their criticism when it comes to pipelines, noise and safety issues. Now, those voices have joined to form the North Central Texas Communities Alliance. "There would be this issue or that issue and individuals or various municipalities would deal with it, but what we came to realize is this is an area-wide problem in the Barnett Shale and we felt there was power in bringing people together," said Deborah McElfish, an organizer with the group. Tuesday night, McElfish and other organizers are meeting at the Trinity Inn and Suites in Fort Worth. "What we're looking at area wide is to really call a halt to things for a while with a moratorium so we have a chance to address these problems because it's been coming at us more quickly," McElfish said. She said activists have been heartened by recent successes on well-publicized fights, including the proposed pipeline under Carter Avenue yards and the now-defeated plan to put a community center and school across the street from a natural gas well. "Gas drilling has become our new hobby," McElfish said. "We've had to do our homework and really learn a lot about this, so in coming together we feel like we can learn from each other and in coming together there's strength in numbers." A motto, "together we bargain, divided we fail," has already been proposed by DISH Mayor Calvin Tillman, who expressed concern about natural gas facilities emissions in his town. Mom Says Gas Wells Threaten Kids Colleyville Courier By Beth Adams Guest Columnist Wednesday, Dec. 02, 2009 Charles D. Young/Alliance Regional Newspapers A gas drilling rig at the Tarrant County College Northeast campus, near Texas 26. The front wall, which looks like masonry, is steel. Above are fabric "sound curtains," which Titan proposes to use at the Colleyville site. We need the best of the best -PTO and PTA moms, team mothers, football moms, band moms experienced organizers, fundraisers and volunteers. Begin immediately on a great cause: our very own children. The money we raise will be donated to the Leukemia Society and the two city children's hospitals. That's who we will need if Colleyville approves Titan Operating's request to drill in our backyards, as proposed. What has changed? We were so excited when those nice men from Chesapeake, Titan and XTO came into town waving those lovely checks around. They assured us they would protect our health and safety. We believed them and public officials believed them. Now, private and state testing in the Barnett Shale has produced proof of some very nasty toxins associated with natural gas drilling, pipelines and production. Here's what happened. Six months ago, Deborah Rogers, a property owner in Fort Worth decided to pay for her own environmental testing to protect her livestock, her land and her livelihood. Among other things, the study found high levels of benzene, which has been identified as a cause of leukemia. About the same time Mayor Calvin Tillman and city leaders in the small town of DISH, in Denton County, allocated funds to pay for private environmental testing there, with similar results. See townofdish.com. The two studies got the attention of the Texas Commission onEnvironmental Quality, the state agency that oversees air and water environmental issues. TCEQ did its own testing at several sites and validated the private test results, finding high levels of benzene. At one site downwind of DISH, TCEQ found benzene at five times the level it considers safe for short-term exposure. According to the Fort Worth Star-Telegram, long-term exposure to benzene - a year or more -can lead to health problems including anemia, immune disorders and leukemia. Gas exploration companies are trying to discredit these results. For years oil was king in Texas and the industry had its way with laws and regulations, including those that still pertain to natural gas drilling and transmission. Because these test results are a recent development, city officials in Colleyville, Southlake and Grapevine need to put on the brakes and gain some expertise of their own before these toxins begin spewing into our air, contaminating our backyards, our schools and lowering our property values. What good is a bonus check for $15,000 when your property value drops $50,000? We should not be relying on the "expert advice" of drilling companies on such critical matters. In 2008, Dr. Alfredo Armendariz, the newly appointed Region 6 Administrator for the U.S. Environmental Protection Agency, conducted a study of air emissions of Barnett Shale operations. He concluded that based on available numbers, the air pollution generated by Barnett Shale operations this year will exceed emissions produced by all motor traffic in the five county D-FW metropolitan area. Up until now, motor traffic has been the biggest source of pollution for our area. Despite his concerns, Armendariz also proposes a number of "cost effective control strategies that can substantially reduce emissions" from the Barnett Shale. These include emissions of volatile organic compounds (like benzene) at well sites and from pipelines. You can read his full report at «-~v~v.edf.org/doc u mentsl92> >_Barnett_S ha le_Report.pdf. There may be a way to drill gas wells in urban areas safely, and there may not, but these recent studies, including the TCEQ findings and the Armendariz report, need to be included in the local decision-making process regarding gas drilling and pipelines. The Colleyville Planning and Zoning Commission has already suggested it will approve Titan's permit request to begin drilling 14 wells, partially in the flood plain of Big Bear Creek. To do so, it will waive a provision in its own ordinance and allow the drilling to take place within less than 1,000 feet of several homes. Titan has asked the city to grant several more exceptions to the Colleyville ordinance. For example, the company does not want to do air testing within ahalf--mile radius as required, and suggests a wooden fence at the drill site rather than masonry, with "sound blankets" rather than solid walls. Expertise of some local public officials may not be adequate yet. For example, one P&Z commissioner blithely asked Titan if it would mind shutting down drilling operations at night. "This is a quiet community after dark," he said, "and we value that." Titan representatives explained to him that once drilling starts, it goes 24/7, and "cannot be stopped." The proposal could be passed by the Colleyville P&Z on Dec. 14. Right now, mothers of Southlake, Colleyville and Grapevine, I suggest you get ready to gear up. This is one that we, as moms, will have to explain to our elected political representatives and we need to start now. Beth Adams is the mother of two children in the Carroll school district. She and her husband David and their children live in Timarron, in Southlake. Dark Side of a Natural Gas Boom New York Times .IAD MOUAWAD ~.:..: CL[FF'ORD KEZAUSS ~7' -~ DIMOCK, Pa. -Victoria Switzer dreamed of a peaceful retirement in these Appalachian hills. Instead, she is coping with a big problem after a nearby natural ~Yas well contaminated her family's drinking water with high levels of methane. Through no design of hers, Ms. Switzer has joined a rising chorus of voices skeptical of the nation's latest energy push. "It's been `drill, baby, drill' out here," Ms. Switzer said bitterly. "There is no stopping this train." Across vast regions of the country, gas companies are using a technology called hydraulic fracturing to produce natural gas from previously untapped beds of shale. The push has been so successful that the country's potential gas reserves jumped by 35 percent in two years. The new supplies have driven down natural gas prices for consumers and might help the global environment by allowing more production of electricity from natural gas, which emits fewer ~~lobal warming emissions than coal. What the drilling push will do to local environments is another matter. The drilling boom is raising concern in many parts of the country, and the reaction is creating political obstacles for the gas industry. Hazards like methane contamination of drinking water wells, long known in regions where gas production was common, are spreading to populous areas that have little history of coping with such risks, but happen to sit atop shale beds. And a more worrisome possibility has come to light. A string of incidents in places like Wyoming and Pennsylvania in recent years has pointed to a possible link between hydraulic fracturing and pollution of groundwater supplies. In the worst case, such pollution could damage crucial supplies of water used for drinking and agriculture. So far, the evidence of groundwater pollution is thin. Environmental groups contend that is because governments have been slow to react to the drilling boom and are not looking hard for contamination. Gas companies acknowledge the validity of some concerns, but they claim that their technology is fundamentally safe. The debate is becoming more urgent as gas companies move closer to more populated areas, especially in the Northeast, where millions of people are likely to find themselves living near drilling operations in coming years. "To be able to scale up our drilling, clearly we have to be in sync with people's concerns about water," said Aubrey K. McClendon, chief executive of the Chesapeake Ener~y Corporation, a leading gas company. "It's our biggest challenge." Hydraulic fracturing consists of injecting huge volumes of water at high pressure to break shale rocks and allow natural gas to flow out more easily. The water is mixed with sand, chemicals and gels to lubricate the process and help keep the rocks open. After refining the technique in Western states in recent years, gas companies are moving to tap the nation's largest shale structure, the Marcellus shale, which stretches from Virginia to New York. "It's a very reliable, safe, American source of energy," said John Richels, president of the Devon Encrgv Corporation. Environmental activists, however, say there is at least scattered evidence that fracturing operations can pose risks to groundwater sources, particularly when mistakes are made in drilling operations. They have also questioned how some companies deal with the wastewater produced by their operations, warning that liquids laced with chemicals and salt from drilling can overload public sewage treatment plants or pollute surface waters. Deborah Goldberg, a lawyer for the nonprofit environmental group Earthjustice who is fighting to toughen Pennsylvania's discharge rules, said the state "is facing enormous pressure from gas drillers, who are generating contaminated water faster than the state's treatment plants can handle it." According to the New York State Department of Environmental Conservation, which is going through a public review of its new rules on hydraulic fracturing, gas companies use at least 260 types of chemicals, many of them toxic, like benzene. These chemicals tend to remain in the ground once the fracturing has been completed, raising fears about long- term contamination. The most immediate hazard from the national drilling bonanza, it is clear, involves contamination of residential drinking water wells by natural gas. In Bainbridge, Ohio, an improperly drilled well contaminated groundwater in 2007, including the water source for the township's police station, according to a complaint filed this year. After building to high pressures, gas migrated through underground faults, and blew up one house. Here in Dimock, about 30 miles north of Scranton, Pa., 13 water wells, including that of Ms. Switzer, were contaminated by natural gas. One of the wells blew up. Under prodding, environmental regulators are stepping up the search for groundwater contamination. In Pavilion, Wyo., for instance, the F~nvironmental Protection Agency has begun an investigation into contamination of several drinking water wells. Luke Chavez, an E.P.A. investigator, said that traces of methane and 2-butoxyethanol phosphate, a foaming agent, had been found in several wells near an area where the EnCana Corporation, a Canadian gas company, had used hydraulic fracturing in recent years. He said the compounds could have come from cleaning products or oil and gas production, but "it tells us something is happening here that shouldn't be here." An EnCana spokesman, Doug Hock, said the company was "committed to working with E.P.A. to resolve this issue." But he added, "At this point, no specific connection has been made between the tentatively identified compounds and oil and gas activities." Ina 2004 study, the E.P.A. decided. that hydraulic fracturing was essentially harmless. Critics said the analysis was politically motivated, but it was cited the following year when the Republican-led Congress removed hydraulic fracturing from any regulation under the Safe Drinking Water Act. The current Democratic Congress recently enacted a law requiring the E.P.A. to review the study. Lawmakers from Colorado and New York have also introduced legislation to end the water act exemption and require gas companies to disclose all chemicals used in fracturing operations. The agency has begun an analysis of whether hydraulic fracturing requires tighter federal regulation. "E.P.A. is reviewing available information to determine whether hydraulic fracturing fluids have contaminated drinking water and has dedicated resources to properly studying this issue," the agency said in a statement. The political situation has put the gas companies on the defensive. "It's not going to stop us, but we do have to solve the problem in a prudent manner," said Rodney L. Waller, a senior vice president at the Range Resources Corporation, a major gas producer in the Marcellus shale. Partly in response to opposition it has encountered in New York, Chesapeake recently indicated that it would not drill in the New York City watershed, a region that supplies drinking water to nearly 10 million people. Schlumber~er, a service company that performs fracturing operations on behalf of gas companies, said it was working on "green" fracturing fluids, including safer substitutes for hazardous chemicals. In the Barnett shale gas field in Texas, Devon Energy and Chesapeake are trying various treatment techniques for disposing of contaminated drilling water. Gas executives hope that wider use of such techniques will damp public opposition in some regions. Several companies are starting a joint water treatment effort in Pennsylvania in the next few weeks. Still, around Dimock, the gas boom is viewed with mixed feelings. Many public officials support drilling. Governor Edward G. RendeEl has called the surge "a great boon" to Pennsylvania. Many people have leased their land here and are collecting royalty checks from gas production. The hills around Dimock have been bulldozed to clear the ground for dozens of drilling pads the size of football fields. Eighteen-wheelers thunder down narrow country roads, kicking up dust and fumes. Recently, a helicopter buzzed overhead while dangling heavy cables used for seismic tests. In September, the Cabot Oil and Gas Corporation, a Houston energy company, was required to suspend its fracturing operations for three weeks after causing three spills in the course of nine days. Cabot, which was fined $56,650 by the state, said the spills consisted mainly of water, with only 0.5 percent chemicals. This month, Cabot was fined an additional $120,000 by Pennsylvania for the contamination of homeowners' wells. It must now submit strict drilling plans to the state. A company spokesman, Kenneth S. Komoroski, said it was too early to blame hydraulic fracturing -the technology at the heart of the boom -for pollution of water wells. He said Cabot was still investigating the causes of last January's contamination incidents. "None of the issues in Dimock have anything to do with hydraulic fracturing," he said. The fines were little consolation to Ms. Switzer, the woman who can no longer draw drinking water from her well. After moving here in 2005, she sold drilling rights on her property for a mere $180 after, as she recalled it, a gas company representative convinced her only one well might be drilled. In fact, no well was drilled, but three were on surrounding properties. Her well was contaminated at the beginning of the year after gas leaked from a well drilled by Cabot. Her family now uses bottled water supplied by Cabot every week. She fears that if she tried to sell her home, which sits in the middle of a drilling zone, no one would buy it. "Can you imagine the ad? `Beautiful new home. Bring your own water,' " Ms. Switzer said. "We're like a dead zone here." Pressure grows for testing at gas facilities Fort Worth Star-Telegram Posted Tuesday, Dec. 08, 2009 BY MIKE LEE mikelee,c ;star-telegram.com FORT WORTH -The fallout continued Tuesday from tests that show toxic chemicals potentially being released by natural gas wells in the Barnett Shale. Fort Worth City Council members had. sharp questions for state environmental regulators, and residents who live near well sites are growing edgy. Separately, federal regulators are also beginning to take a closer interest in oil and gas regulations in the state. The Texas Commission on Environmental Quality began sampling sites in five North Texas counties this year. Early results from at least two sites showed benzene levels as high as five times the state's short-term exposure limit. Benzene has been linked to cancer and other illnesses. Only a few of the tests were inside Fort Worth, though. Fort Worth is by far the biggest city in the Barnett Shale, with more than 700,000 residents, and more than 1,000 operating gas wells in the city, with 500 others permitted or planned. Dozens of wells have been permitted within a few hundred feet of homes, parks and businesses. "This city is a lot different than being out in some pastureland somewhere," Councilman W.B. "Zim" Zimmerman said during a work session Tuesday. Kevin Sheedy, an engineer with the Texas Commission on Environmental Quality, said the agency began testing in rural areas because the sites are easier to access and there is less ambient air pollution. "I definitely understand, and we'll look. into the Fort Worth area," he told the council. State officials have said they believe that the benzene comes from liquids that are produced along with natural gas, which can then evaporate from tank batteries and other equipment. Energy companies have said the gas produced in Fort Worth has less liquids than that in other areas and questioned. whether any of their wells were releasing benzene. Sheedy said, though, that the gas companies use different standards than state regulators. "What they are calling dry still might contain benzene," he said. The state's results came after private tests paid for by the small town of Dish and business owner Deborah Rogers also found what might be poisons. Rogers and state Rep. Lon Burnam, D-Fort Worth, have called for a moratorium on new permits until the commission finishes its tests. Residents in north Arlingrton and. in the Chadwick Farms subdivision in Fort Worth referred to the state tests during protests about gas sites near their homes. There are 49 homes within 600 feet of Chadwick Farms. "You can no longer deny these studies or the impacts on the health and safety on the lives of those living in this community "Chris Gorton, who lives in Chadwick Farms, wrote to the council. Hazel and Keith James live less than 600 feet from a gas site at Coffey Street and Village Creek Drive. The City Council approved a waiver for the site in August. "I can't put a fence up to protect my property and. my children; however, you allow this gas company to come out and put a drill in the property," Hazel James said. James Hanel 1, a truck driver, said he was hospitalized at the end of November after being exposed to fumes at a well site in Saginaw. He was pumping saltwater drilling waste into a tank truck when he came down with a headache and felt a burning sensation in his eyes and face. Doctors at a Dallas hospital diagnosed it as a chemical burn, he said. The U.S. Environmental Protection Agency appears to be growing interested. in oil and gas production. The EPA declared greenhouse gases a threat to human health Monday, a finding that could allow the agency to pass regulations on industries that emit gases such as carbon dioxide and methane, the primary ingredient in natural gas. Also this month, the EPA. settled a 10-month-old lawsuit filed by two environmental groups in Colorado. The San Juan Citizens Alliance and WildEarth Guardians sued to force the EPA to update its oil. and gas regulations, some of which were written in 1985. The EPA agreed to update three sets of regulations by November 201 l New source performance standards, which ensure that the latest technology is used to reduce any pollutants from industrial sites. Maximum achievable control technology standards, which address the technology used to control toxic emissions such as benzene and are supposed to be updated every eight years. Residual risk standards, which address any public health risk not covered by other regulations. Council members said. Tuesday that they want to work with gas companies to test local sites. But they're also concerned that the state commission doesn't have enough. staff to adequately test sites across the Barnett Shale, which .are .covers more than I S counties. "We need to make sure the producers here .aware of our concerns," Councilman Joel Burns said. Councilwoman Kathleen Hicks added, "We need to look at the city of Fort Worth .for using some of our own money that we gotten from gas drilling .additional testing." Mayor Mike Moncrief said it's the state's responsibility to conduct the tests. "We want to know if there are conditions that are dangerous to the citizens that live around where these wells are located," he said. "At the same time there are other urban drilling programs all over the country -and there are fixing to be more -and. there hasn't been an issue with air quality that has been raised to date." Activists who attended the meeting said, though, that the council has ignored evidence of pollution related to drilling. Mike Lee, 817-390-7539 Fort Worth council members ask state to test city air for natural gas emissions The Dallas Morning News 12:00 AM CST on Wednesday, December 9, 2009 By JEFF MOSIER /The Dallas Morning News jmosier(adallasnews.com Fort Worth City Council members asked the state Tuesday to test air in their city for potentially hazardous levels of emissions coming from natural gas facilities. The Texas Commission on Environmental Quality already conducted tests throughout the region in August and October, but most were in rural areas. An analysis of those tests is expected in January, but some early results showed high levels of the carcinogen benzene in some samples. "Give us some hard information, some hard numbers," said MayorMike Moncrie£ "Then we'll be able to make our own decisions." Council member Zim Zimmerman was even more forceful when talking to a representative from the state's environmental agency. "This city is a lot different than being out in some pastureland somewhere, and I would strongly urge you to get a sense of urgency about this city and make this a focus," he said. Keith Sheedy, who works in the commission's chief engineer's office, said during a council briefing Tuesday afternoon that he would take that request to the agency's executive director. However, he said, testing in rural areas allows the commission to more easily get downwind samples and also helps exclude other benzene sources, such as gas stations and traffic. Council member Sal Espino asked Sheedy whether the state had an opinion about creating a moratorium on gas drilling until the test results are released. Sheedy said there wasn't enough information for the commission to make that kind of recommendation. There has been growing anxiety this year about air-quality effects of gas drilling in the Barnett Shale, which lies underneath 18 North Texas counties. Testing conducted by the Denton County town of Dish found high levels of benzene and other pollutants. Benzene is known to cause leukemia. Data from samples collected this summer and fall by the commission are now being analyzed by the agency's toxicology division. Officials have already said some levels could pose a "long-term health risk" if concentrations remain that high for a long time. Council member Kathleen Hicks said she's concerned about communication with the commission and how city officials found out about the air quality fears. "I hope in the future we can work in concert with our state agencies instead of hearing about these issues, reading about them in the newspapers," she said. Council member Carter Burdette said he's not sure that acting unilaterally inside the city would make much of a difference because of the large number of natural gas facilities in surrounding areas. He said he also wasn't willing to jump to conclusions about potential health effects. "I don't think anyone has that answer at this point," he said. STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC QUENICHET SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site, a frac pond, and access road for the drilling, completion, and operation of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan Quenichet wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 1300 acres of Titan leases. The proposed gas development will focus on the Barnett Shale, encountered at subsurface depths at approximately 8,900 feet. VEHICULAR ACCESS TO THE WELL SITE LOCATION Vehicular access to the well site will be from one of two options: 1.} from - ~ ~' Precinct Line Road, east on L.D. Lockett Road, north on Pleasant Run Road,`to the well site entrance, or 2.}from SH 26, west on John McCain Road, north on Pleasant Run Road, to the well site entrance. The drive approach from Pleasant Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the roadway onto the lease road. Fire access will be provided and the road will be maintained in accordance with all local, state and federal requirements. DEVELOPMENT PHASING Titan Operating anticipates the initial construction on the Quenichet pad site to begin the 3rd or 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. G:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP NOTES.DOC - 1 - ACCESSORY STRUCTURES Accessory uses for the proposed gas development will include well heads, storage tanks, separation facilities, and o#her uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a 6' tall chain link fence with a secured entrance gate. A reflective sign will be posted at the drill site and operations site identifying the entrance to the site and include the well names and numbers, name of the operator, emergency 911 number, and the telephone numbers for 24 hour emergency contacts. No refining, except for gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, generators, construction trailers, steel mud pits, pipe racks, and drilling rig will be located within the drilling pad site. The drilling rig and associated drilling equipment shall be removed from the well site as soon as practical after completion of the well or drilling activities. WATER CONSUMPTION Once well permits have been obtained from the Texas Railroad Commission and .roads have been extended to the well location, drilling can commence:, The . ; , drilling. of each well will require approximately 420,OOQ gallons of water over a. three (3) week period. Once a well has been drilled and determined to have the potential for commercial production, the completion process will begin. In order for the Barnett Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the water to hold the fracture open once the procedure is completed. This permits the gas to flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallons of water. Once the water is in place, the actual stimulation process will take approximately eight (8) hours. Water for the drilling, as well as the fracture stimulation, will come from a proposed frac pond of approximately three (3) acres to be constructed by the operator, with water purchased from the City or well water. The water stored in this pond will service multiple wells. G:\JOB\WFXG7600\PETRO\SUP\QUENICHET SUP NOTES.DOC - 2 - WASTE CONTROL Water and drilling mud utilized during the drilling of the wells will be initially stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. Water and condensate from gas production will be stored in 250 -barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with anon-permeable berm or liner capable of holding one and one-half (1-1/2}times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. The tanks will also be equipped with a sensing device that will shut off the well should the tank become full. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTECTION All fire suppression and prevention equipment required by any applicable federal, state, or local law w'il be provided and maintained by the Operator. All contractors will have portable fire extinguishers at the drill site and fire extinguishers will be located at various locations a the drill site. The tank battery'facility will be equipped with a remote foam line utilizing a two and one-half {2.5} inch National Standard Hose Thread female inlet conrtectiori in locations approved by the Fire Department. A lightning arrestor system will be installed according to the most current edition of the National Electrical Code.. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. DRAINAGE Nowell-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located in the 100-year floodplain. Erosion control shall comply with the erosion control plan approved by the City. ENVIRONMENTAL G:\JOB\WFXG7600\PETROISUP\QUENICHET SUP NOTES.DOC - 3 - The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a-safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water or other dust suppressants. Drilling. and production operations shall be conducted in a manner to minimize noise levels. Noise from drilling, completion and rework operations are limited in time from a few days to a few weeks... Noise from drilling activities will not exceed sixty five (65) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from fracturing operations will not exceed eighty five ($5) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from the operation site will not exceed fifty five (55) decibels beyond the boundaries shown on the associated site plan. Lighting will be shielded and directional toward the well site so that it will not disturb, be a nuisance, or safety hazard to adjacent properties, residential areas, or public thoroughfares. SCREENING ~ . _. . The equipment on the operation site will be screened from public view by a combination of a six (6) foot high solid screen fence, trees, shrubs, and naturah ; vegetation that is being preserved. Irrigation will be-installed as necessary. All plant material will be kept in an attractive state and in good condition at all times. G:\JOB\WFXG76001PETR0\SUP\QUENICHET SUP NOTES.DOC - 4 - DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the Quenichet pad site to begin the 3`d or 4t" quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $116,000,000 in lease bonus dollars in the City of Colleyville to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $200,000 per well in ad valorem taxes for the city. October 29th, 2009 Mr. Ron Ruthven City of Colleyville Community Development 100 Main Street Colleyville, Texas 76034 R)/: ZC09-011 Quenichet SUP Dear Mr. Ruthven: It has come to our attention that the city of Colleyville is requiring the platting of our property because of the Titan Operating application to drill on our land. It is our understanding that with platting, the city will require additional easements and street right-of-way. We believe this request is a disproportionate hardship on our family at this time, and is premature since there are no current plans to develop the balance of our property. As you are aware, for drilling operations Titan Operating will be using approximately 2 acres out of our 53 acre tract of land. We understand that before the balance of our property is developed, the city will require a development plan and plat. 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J ~ __ _. ~ I ~~s ~ ~ ~ ~ ! ~~rrt 0 1~ ~<~{IIIp/ ./ -~ C t ~"/~/II 1 1 ~ ~, / '/ ~ ~~/A ~~ ~ ~~'f~ r~, ~ ~ ~. ~~~ ~ 3 it ~~$u '~ I _. y~ !' ~ 1~ S'/ ~ \ ~ ~ V ~ ji 111 I\/I ~ r ~~ ,P; ' ~ ~ ~ 1, r' ~ '°-~ 11NI,, ~`, ~~ ~~ a :~ o _~ ~_ _ ~--~s 0 ~ w ~ _- ~~ ~ ~' ~~~ '~ ~~k _. i~l~--~=~ `_ ~ a Nn -~ 1~_ - W -~ - x _ ~ -- V H ( 1 1 1 "li, i( I Q Y Z ~J ~ Bj V / ~ /~ z o ~, ,, fir. ~ ~ ~ 1 ~; ~__ 1r- r - ~t > ~ a ~ ,, -,~ ~ ~, ~~ ~` = ~ ~ ~ ~i ~ ~ ~ ~ 1 ~ ~ 1 •~ w ~ ~ ~ J ~ •-~ \ s \ ~r ~ _ \ ~ \ J `~ ~- ate= _. ~Wj r ~~ . eR u>x ~: o~~ ~ ~03~ / ~ \ i~r Q .~ `.~V~~~'~ ~ 1 11 ~ ~ ~ LLS~ ~~~ ~ ~~~ ~ ~ ~ i~~ ~i ~ ~ ~ ~~ - ~~ W Y ~ I W f r -: _ 1 ~ I ~ Z ~`-- i sl f $ - ~ € __ N °-~ ~S-~ ~ a~ ~ ~ g~ o f ~ u1~1}}~ _~ ~ ~~ r#h ~~ ~/ ORDINANCE 0-09-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A GAS WELL ON 53.2 ACRES LOCATED IN THE WILLIAM E. CROOKS SURVEY, ABSTRACT NUMBER 295 AND THE HALL MEDLIN SURVEY, ABSTRACT NUMBER 1038; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. ZC09-011; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-09-xxxx Page 2 of 7 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending the official zoning map by authorizing a Special Use Permit for a Gas Well on 53.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Hall Medlin Survey, Abstract Number 1038, shown on Exhibit "A" and described in Exhibit "B". Sec. 3. THAT the above described tract of land shown on Exhibit "A" and described in Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit (SUP) shall be for a gas well to include drilling and production. b. The gas well authorized by this SUP shall meet all requirements of the Land Development Code except where amended herein. Additionally, the gas well shall meet all related regulatory requirements of the State of Texas and the Federal Government. 2. Site Plan and Platting a. The layout of all equipment, tanks and access roads shall be consistent with the site plan labeled as Exhibit "C". b. The well drilling and production site shall contain no more than 2.0 acres as shown on Exhibit "C". c. Prior to the issuance of the gas well permit, the subject property shall be platted and filed with the County Clerk. Ordinance 0-09-xxxx Page 3 of 7 3. Phasing a. This SUP shall be exempt from the revocation and expiration provisions of Section 3.25 of the Land Development Code. b. If no drilling permit is issued by the Fire Marshal within two years of the date of approval of this ordinance, then this SUP shall automatically expire. c. The first phase of this permit shall allow for drilling of the gas well. The drilling phase shall also include the fracturing process. No more than 13 well heads may be drilled as part of this permit. This phase shall be completed no later than seven years from the date of approval of this ordinance. d. The second phase shall be the pipeline installation process. Prior to the installation of any gas service pipelines that link to this well and prior to the third phase as stated below, the City Council shall approve a pipeline location plan. e. The third phase shall be the production process. Upon completion of the production process, the well operator shall remediate and clean up the site as required by the Land Development Code. Upon completion of all phase three remediation as decided by the Fire Marshal, this SUP shall expire. f. If, at any point, the well site is abandoned by the operator for a period of six (6) months or more, this SUP shall automatically expire. 4. Drilling Activities a. The primary drilling apparatus shall not exceed 137 feet in height. b. The exterior of any retaining walls constructed as part of this permit shall be composed of natural stone or pressed concrete or masonry that resembles natural stone. c. A 2.9 acre fresh water pit shall be installed during the drilling process and shall be stocked with fish in order to mitigate for any mosquito breeding. d. Prior to the commencement of drilling activities, the existing six (6) inch water line that services the property shall be upgraded to a minimum eight (8) inch water line. Ordinance 0-09-xxxx Page 4 of 7 5. Production a. The production pad shall contain no more than 13 water storage tanks. The tanks shall be no larger than 16 feet in diameter and eight (8) feet in height. The production site shall be laid out per Exhibit "C". 6. Access a. The truck transportation route for all trucks over one-ton that will access this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the site entrance. The route out of the site shall follow the route to the site in reverse. b. Prior to the issuance of the gas well permit, a road remediation fee shall be paid to the City of Colleyville for all projected road damages as determined by the Public Works Director. c. The access road to the well site shall be composed of an all-weather, 24 foot wide, asphalt or concrete surface during the drilling phase with a fire approved turn-around with the final road surface and production pad (where the tanks are located upon completion of all drilling activities) to be composed of concrete meeting the commercial fire lane standards found in Chapter 14-Engineering Design Standards in the Land Development Code. d. Prior to the beginning of the production phase, the gate on the access road shall meet the minimum requirements of Chapter 14-Engineering Design of the Land Development Code. 7. Noise Mitigation a. During the drilling phase the applicant shall install noise buffering walls, capable of absorbing sound, 20 feet above the screening fence on all sides in order to ensure effective noise mitigation for the immediate area. 8. Screening a. A minimum six (6) foot solid screening wall meeting the minimum requirements of the Land Development Code shall be installed around the entire drill site perimeter during the drilling phase except for the southern side, where the fence shall be eight (8) feet high. Ordinance 0-09-xxxx Page 5 of 7 b. A minimum eight (8) foot masonry wall shall be installed around the entire perimeter of the production site perimeter prior to the production phase. 9. Landscaping and Tree Preservation a. All landscaping shall be installed as shown and described in the attached Exhibit "D". b. Upon completion of the drilling phase, there shall be 126 trees, at a minimum of 4 inches in diameter, planted within the drill site as per the attached Exhibit "D". 10. Lighting a. All lighting shall be directed inward and shall not illuminate upon any adjacent properties. b. When not in operation, the drilling tower apparatus shall only be illuminated with the minimum lighting required by the Federal Aviation Administration. 11. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "E". b. The well site shall meet all national and state air quality requirements. Other than allowed by the State of Texas, there shall be no emissions of gases or chemicals as part of the well operation. Upon commencement of drilling operations, the operator shall pay for a third party air quality inspector approved by the Fire Marshal, to conduct air quality measurements at random locations within cone-half mile radius of the drill site. If the findings of the inspector reveal air quality levels that exceed State and/or national limits for air quality and it can be proven that the source is the gas well, then all drilling and production activities shall cease immediately until the contaminant is mitigated. Inspections shall be performed every other month during the drilling phase and twice per year during the production phase. c. There shall be no appreciable airborne dust created in conjunction with any well activities. Dust control agents or special paving methods shall be employed in order to mitigate for airborne dust. d. There shall be no mud or dirt laid on any City street as a result of this Ordinance 0-09-xxxx Page 6 of 7 well. Any mud or dirt created shall be removed from streets immediately. 12. Site Inspections a. All required site and equipment inspections shall be performed by a certified, professional third party inspection company approved by the City at the expense of the operator. 13. Other a. Any public safety calls or dispatches resulting from any operations related to the well authorized by this permit shall be reimbursed by the well operator to the City of Colleyville upon invoice. Operations shall include trucks operating within the City of Colleyville, pipeline operations and accidents, drilling and production operations, calamity resulting from sudden road damage and, finally, environmental catastrophes. b. The property owner's residence, as shown on Exhibit "C", shall be allowed to be no closer than 248 feet from closest well head. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. Ordinance 0-09-xxxx Page 7 of 7 The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map ~4 ~ +~ ~ '~~ ti ,. f'• t _ rti - 1 1 r' ~ ~' Jr-} ~` "y 1 r ~•~~ !'i~ ~yr r '~~ ~,~yr ~ 1• S ti J f~~ti ti~ ~~rJ' W ~~ ~~4~• ~ I r J ~`•~~ ~f~S /I ~4' I /y ,~p±± J ~ y , r ~ HA.~, ~(~, r ~r 5 •~ ~~ ~ ~ ~ llf.~Jl JJ_1 r f 1. + ~r ~{ ~5~- S _ ~~ +~~ t~ ~~ t ~ ~ =,f .~ ~ - ~ r~ 1 Exhibit B -Legal Description lilr:rl~t t?~i;ti ~~r~.a,~~ Frztt<<± ___ _~,.. ~~~ .. ~ "~ ~t• (~~a •x. ~~~~~~x. ,~E~s'rtct!'~ut~tfxc°r "?~ ~.I _i,, }la= •,~, .. . Su; ,.,, _ :~~?' t";t~= ~ I s ~iEi? ,~.ila~., ~Car;,itt: (',+i~,~r.< 't"rya:. r ~..t t° .~,'! . ~.`a • .,,~ ~ ~.y ,~r ~.:~ , . >i-ae~ea1 t,~ ,~~};ri 4~,` ~;tiEC,- s =izt aiacl tv~ic f tfe€irrt. +,' ~ , ~ _.~ '~. r~.<- sE;~ t, r ~~ _ 71. 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I'_. ~ ~ .. i'. s - _..... •,.1 .. ._. ;~ .Sr. .. ~. i'~t~t_'i x43 i.C1 ,5 I% i'. _ +.~~~` a ,~ ~ r ~I ~t_~~mi\ ~r# I~ 1*~e'ti'^~".}t~`1L, liilEi~~!t°~~~ ~I!!F:°'~("F ~ ¢ , °°+~: ~9"'~'~', t,: ' tE? s_ct a.a~r~liinsni~~, ~~~tli ~,;~iif ;~~s~naxi~[i,iisrc'z~~~le°rLat~ 1{S the °~t?LIi}tC,iB': cc'~C71~! t:,l ::IL l~e,~~~! ,", ~`E[t,'tit'Ir ti `s,;~~.1~~.~,.,~.'_ ,,,~'~ rho k.. 1-€ li,,c ,,,.,{ ,I-..c1 `~, jai ~_!., ~ ,"~ i~2 Y :!3:, i'1:. C ~vI f 1t:jlftr`~ 1.t [t,c t~~i''~ „t ~ia1}~"4~;1i~. ,4~ +~z`c~ ,. _ ~ ~ _ ~~c C'i i. z. ,. .. f ~. 't ,. S~W~: ~ IC'}:c" JttY"i :~ lati,,>>. ~~! ,~1..}~~5fftc.~i' ~ LGi S Il~cf.t<;UC~ ,I~1;6 ~idts~ j4av ~~ tldlll `are! ~4."f;.. i~t3 ~A t , °. ~'r1t'' 2;~.3v,E~',I~`.tuo,I'',"1'ii!~1~.i~~i~~ °titax~'~~'ts'd~i~r3,x~~~ ~`§ef~w~~~ Exhibit B -Legal Description (cont.) "Ctt~ `+~(`~. `. ~~_ a'~~.: , t ~-:r ~= i4°e~t t~.r"!r .f ...a?tL~ .ietc: of 5.u~1 ~`1`~l~t ~ s~ti3 itae :~~~rCla 1~~1~ ~ti,i° ,. ,t € v~_, .., . =~:t<e~. ;~ 1`rir,ite t'~us-,t~_m f cn"~~i u? tiara. ~ •lr~;t~, ft~c _ ;, : ~;, Partc- l~ r :car ,.l l~l ~ (rastF~~ l{~~iarclsi, to ;t 3: ~{ ~*~i'l .f uz~ (~o.~ .,~t~srd ,~;'.' ^.~JTC~„+.: fs f[,31t' ~t;.i:l r Itt '. ~1t €;l sl irl. ~1 ;~;g .tf CiTf251?C^ - f'~~.: i (k~}/~~F', 1,411', '. e'S 'i~~ 4~_ _i,:^, ik`~~I. -~ r, .~~. ., ,. _.i. ,. ~. El lti'~1 i41 .1 ;.'I I,.. `~~ ~~~~~~'~ Dit))1 -i'-.:_ ~~ ~ I_Cj +? I .~..., _ ~ ~ .:f ~; [' i --.. ~. ,~ ~ )u r. 4 ~Et;1 l:dl1` ~~Cf'O[L~Ci~ t,Fl PVC>~'llktk~ ~I'i~P~!YE'F. '~ ;~`~i"' ~. t `~"b~,, t,~~'.1fr 1e~t, ~.4~ith 1h~: ~actrth 7~~rr~ e,i ,.z;~i 1f~~ hl~-a~~~~r ' :.,_ ~ ~1 ~ .. 'a-~.~ ~~f ~i:c[ (,~u~°utc ~i~x ~rr~~~~l, icy tE~c I'~t~ti ~rf I3~~ir~~ting a~:~ - -, ~ ~ ~ p~cli~~inar~, tlala le~;si9 aie~~~ripiircri a5 rrrR taa€retai~ct {sir 1l~ta+1,°z +ai r1~~tr~r~se?v. 1 iaii dccc~.ii~teiaf ~fiel~l' not trt rti°e~.ta~e~t Ctrr aa~~ ~~wtr}'~is.a^. Exhibit C -Site Plan __ .wt~r. J ;a. ~ ~ ~ . ^~ ~ ~ 3 pd~. ~£ 1 ~~' 3 ~ ~ ~y q ~ i ~." _ ~ ~ O f3G ~~ Gi.7 ~ t a in ~ (} 4 i>~ ~' a ~ ~`"" ,~, ` 1 ~ , .. .., L. Oi '~1' IlMYX7V ~ IMw e~tkwwn / ^'~~. ~ \, J. ~ iMiSt11W4, yWARII~ >ANpV , ` / ,..~ ` ~ , ~ ~ ntN( «8 i ~ ~ ~.. " .` .~ `..` `e_ 4 .. ~ „~ ~ y . g ~ -.. ~ ~ LL ~ ~ 1 ~Y, . ~2~ 3 ~~ ~~ ~ P ~ ~ ~ m ', / $ ~. i ~.. ~ iaHeiiiiii ~1~+T is mr+tes) _....3 _ ~~ ~' •/ ~' ~ ~ F,,, °' .~ ,-__ ; /~ ~ i ..__..__.. ~ ..,~ _ _v _: _ _..~ ....... __ ._ ......._ .__._. Exhibit D -Landscape and Tree Preservation Plan ~ ~ ~ ~ .•~ ~ I yes ~ p.~~ ~~ ~ ~ ~~~ ~ ~ ~ i~ "~~~ ~ ~ ,~ i ~ ~ ~ gg ~ ~ ~t ; ~ ~ ~:_~ .'i z ~ u~ '~ °'T~Mlp ~pµ , ...~...i m wai arvsr9u ,, ` ' ~ 4 ~x i S ~ ~ ~ ~ ~ _ i ~ 4 ~~ ~ _;~ ~ _~ ~ ~~ ~ ~ ~ ~ ~ I~ _ ~ ~ ~s» .~ 3 ~ I: , ~`~ ;; Tx ,~ ~u ,; ~ I ~ 1 ~`\ 1 , ~ ; f ~ j ~ ' ~ 4 uy~ i ,~ ' y $ D ~ ~ W ~: Z OC } ,. / 1 'Y ~ 4 ~~ ' ~ i ~~ ~ ~~ Exhibit E -Grading and Erosion Control Plan ~~~ ~~ ~ ~ ~ ~ h o ~ << ~ .: ~ . ~. •- ~ ix .' ~~ ~ ~ i ~ ~' ~ ~ ' I I ~ ~ ~ ~I I ~, ~, .. ~~. ~; „„,u,, _, ~ ~ a,....~:...~ C` \,/ /may "' i i f ~~ " } ~ ~ ~ VS ~y Vk ~ . ~ ~ ' e a ~ . ~ ~ ~ ~ o ,\ ti l. ~~ 1 illSSRL y :Z 1 ~~\, '~ ti., r r 3 3 -«., x r ~ ~ ~~~ { ~ ~4 yy ~ ~ ~4 ~ ~ ~ ' i ~ ~ ~~ ~ - ~ r' ~~ , ~ ~ ~ ~ £ i~ \ I ~\ t 3 ui o ~~ ~~ _'~ r ~ ~ s ,: 'j ~€~ z ~s~ ~~ ~ , ~ ; 'r) ,, ~~ ~ ~~ ~~ r _ F_: ~ ~ ~. z ~ ~ xk d S $ =~3 ~ p iRh ~ ................... ............ > ~ . ........ _ ..