HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-5/24/2010City of Colleyville
city Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Meeting Agenda
Monday, May 24, 2010
6:15 PM
City Council Chambers
Planning and Zoning Commission
City of Colleyville
'~~~~~~~~`~~ Meeting Agenda
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Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, May 24, 2010 6:15 PM City Council Chambers
LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING,
PLATTING, AND LAND USE
REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS
MEETING MINUTES
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND CITY COUNCIL ACTIONS ON
PAST AGENDA ITEMS
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D, Sec. 551.071 -Legal -Consultation with attorney on legal
issues raised by public hearing or action items on the agenda
7:00 P.M. -REGULAR MEETING
1. CALL TO ORDER
2. ROLL CALL
3. INVOCATION
Commissioner Dudziak
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
May 10, 2010
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
7. TABLED PUBLIC HEARING AGENDA ITEMS
7a Approval of a request for a Special Use Permit for a private school on
Lot 1A, Block 1 of the First Assembly of God Addition located at 4309
Colleyville Boulevard, Case ZC10-008
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Planning and Zoning Commission Meeting Agenda May 24, 2010
7b 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 ZC10-003
8. A~OURNIT . ,~
I I~e~by a ify the ab agenda was posted on the bulletin boards at City Hall
on Friday,. ay 21, 201 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 2 Printed on 5/21/2010
City of Colleyville
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www. Colleyville. com
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Minutes -Draft
Monday, May 10, 2010
6:00 PM
City Council Chambers
Planning and Zoning Commission
City of Colleyville
-"~~~#~~ Minutes -Draft
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Planning and Zoning Commission
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, May 10, 2010 6:00 PM City Council Chambers
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 Byerly on May 10, 2010 at 7:00 p.m.
2. ROLL CALL
Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn,
Michael Clardy, David Phelps and Jeff Byerly
Absent: Commissioner Rotthaus
Staff Present: Jeremy Hutt, Rob McKeown, Marty Wieder, Ron Ruthven
and Amy Shelley
3. INVOCATION
The invocation was given by Commissioner Knox.
4. PLEDGE OF ALLEGIANCE
5. APPROVAL OF MINUTES
Commissioner Knox moved to approve the April 26, 2010 meeting
minutes as written. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA
None
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7. REGULAR AGENDA ITEMS
7a Approval of amendments to the Future Land Use map of the Colleyville
Master Plan, Case GC10-003
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding if this update will reflect
the zoning changes that have been made from past decisions that go
against the current plan. Ron Ruthven replied correct and he stated in
the future if any zoning requests are made that may go against the
Master Plan, a future land use map update would be presented at the
same time.
Commissioner Phelps moved to approve case GC10-003.
Commissioner Clardy seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 - Rotthaus
8. PUBLIC HEARING AGENDA ITEMS
8a 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 ZC10-003
Commissioner Knox and Commissioner Byerly recused themselves from
this item and signed affidavits for the file.
Commissioner Dudziak chaired this item.
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Phelps questioned staff regarding the improvement of the
water main, what is the rationale for requiring that being increased from
6 to 8 inches? Ron Ruthven replied given the impact of the service
delivery for that area, staff has the authority to require an upgrade. He
stated the applicant will be required to upgrade to an 8 inch main or pay
into escrow in lieu of completing the upgrade. Commissioner Phelps
stated to just bring it up to minimum standards. Ron Ruthven concurred.
Commissioner Phelps questioned staff regarding if the water usage
begins to encroach upon service levels, what is the process for bringing
that back into line if there is disruption in service? Ron Ruthven stated
the city will ensure that there is no disruption or change in service that
residents already receive. He stated approximately 2.2 billion gallons of
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water is used by the city each year. He stated the impact on this site at
any given time would be .01 %. He stated staff will ensure that there is
no disruption in service. He stated the applicant can drill a fresh water
well if they need to utilize more water usage to service the site.
Commissioner Phelps questioned whether the proposed depth of the
well would be below the local residents. Ron Ruthven replied yes, it
would be a tap deeper than a residential well use.
Commissioner Clardy questioned staff regarding the 4.2 million gallons
of water used for the frac process, (2) to (3) wells at a time, (8) hours per
stimulation, potentially 8.4 to 12.6 million gallons of water potentially
over a short period of time. Can our system handle this much water
usage over a potential (3) day period of time? Ron Ruthven replied the
city Utility Department will not allow the applicant to have water usage
that would affect the residents.
Commissioner Dudziak questioned staff regarding what is the baseline
for the condition of the roads for which the route has been selected. Ron
Ruthven replied the city has a road remediation fee in place that the
applicant will have to pay up front.
City Engineer Jeremy Hutt came forward to present the information
regarding the current condition of the roads. He stated they will evaluate
the initial condition of the roads.
Commissioner Dudziak questioned staff regarding if the roads were
going to be replaced. Jeremy Hutt replied, eventually. He stated they
will evaluate the roads before the applicant begins drilling. He stated
any additional impact other than what is considered standard or
expected, the applicant will be responsible for the damage.
Commissioner Dudziak questioned staff regarding how an assessment
number is calculated. Jeremy Hutt replied it would be done at the time
of road remediation.
Commissioner Dudziak questioned staff regarding what happens if the
damage exceeds that number? Jeremy Hutt replied anything above and
beyond standard impact would be reevaluated and the applicant would
be required to repair the damage or the city would repair the damage
and invoice the applicant for those damages.
Commissioner Clardy questioned staff regarding the roundabout planned
for John McCain and Pleasant Run Road. Jeremy Hutt stated there
have been improvements discussed for this intersection; however the
actual design has not been completed.
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Commissioner Phelps questioned staff regarding what the time frame is
for those improvements versus the drilling operation and equipment.
Jeremy Hutt replied if everything goes as planned for this request, the
first stages of drilling will be complete before the intersection
improvements begin. He stated they will coordinate with the drilling
company.
Commissioner Phelps stated the roundabout can handle the truck traffic.
Jeremy Hutt concurred. Commissioner Phelps questioned if, in the
future, a completed circle is engineered to handle this type of traffic.
Jeremy Hutt replied whatever the intersection design, the improvements
will be able to handle this type of traffic. Jeremy Hutt stated the
intersection will remain open at all times to ensure traffic flow and
emergency access.
Commissioner Dudziak questioned City Attorney Kallas regarding
projected road damages; is there room to ask for more than what is
projected? City Attorney Kallas replied, if the applicant causes more
damage to the road because of the drilling, then the applicant would be
responsible for those damages. He stated the Commission may make a
more specific direction in the ordinance.
Commissioner Dudziak questioned staff regarding Section 4, Phase 3,
Section A, what is being exempted? Ron Ruthven replied an SUP, if
abandoned for more than 6 months, the SUP shall automatically expire.
He stated staff wanted the ordinance to clearly state the expiration
provision. He stated the ordinance also states that if no drilling takes
place within two years of the approval of the SUP, the SUP shall
automatically expire.
Commissioner Dudziak questioned staff regarding if the applicant will still
be responsible for the clean-up and any additional costs associated with
that. Ron Ruthven replied the applicant would be required to pull an
indemnity policy; simply an insurance policy that covers any type of
damage or site clean-up. He stated if there is any breach within the
ordinance, the applicant will be required to pay fees up to $2,000 a day
for the code violation.
Commissioner Dudziak stated there is Titan and there is the drilling
company, two separate companies. Ron Ruthven replied for the
purposes of the ordinance, Titan is the drilling company and operator.
City Attorney Kallas concurred unless there is something put in place
after this.
Commissioner Dudziak questioned staff regarding the fresh water pond,
with regards to the Land Development Code, if this is going to be a
permanent pond, will they be required to have an aeration device in it or
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will it be required to be drained after completion? Ron Ruthven replied
that the applicant has not stated with this request whether the pond
remain in place; however if the pond does remain in place, the Land
Development Code does require an aeration device. He stated during
the drilling operations, the applicant is going to stock the pond with fish
to help with the mosquito population.
Commissioner Phelps stated this pond will only be filled with fresh water
and the used water from the frac process will be shipped off site. Ron
Ruthven concurred.
Commissioner Dudziak questioned staff at what point in the process will
the fencing and the landscaping be required to be installed. Ron
Ruthven replied the 8 foot masonry wall and landscaping will be required
to be installed after the first phase of drilling and completion and before
going into production.
Commissioner Dudziak questioned staff regarding how long
maintenance will be required for the landscaping. Ron Ruthven replied
for the life of the well. He stated any landscaping will be required by
code to be irrigated.
Commissioner Dudziak questioned staff regarding the selection of the
testing company; is there a process in place and how will the citizens
know about this process? Ron Ruthven stated that there are no
specifics in place. He stated the city wants to use an independent
company who is not affiliated with the drilling company, nor paid for by
the gas industry. He stated the city wants someone who has the
credentials, who is certified and who has already done testing in other
cities.
Commissioner Dudziak questioned staff regarding when is there going to
be a baseline, the ambient conditions as they are today. Ron Ruthven
stated the readings would be required before any activities begin on the
site.
Commissioner Dudziak questioned staff if the readings should be done
more often, even now in the summer time, how quickly would this testing
start. Ron Ruthven replied as soon as this gets approved by City
Council, the city should have a consultant on board quickly so that the
baseline could be started.
Commissioner Dudziak questioned staff regarding if there are any
federal limits on the economic damages that could occur as the result of
a disaster that might occur on this site. City Attorney Kallas replied that
he did not know at this time.
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Commissioner Redfearn questioned staff regarding if there is a practical
limit on the number of gas well sites that could be within the city limits;
could this be the first of ten or the first of two, for the city? Ron Ruthven
stated as far as the 1,000 foot requirement, there are not many sites
available since this is an urban setting. He stated according to the tax
rolls, there are two other properties in the city which are owned by XTO
and Chesapeake.
Commissioner Redfearn questioned staff regarding what the nearest
other potential gas well developments sites with regards to this site were.
Ron Ruthven replied not having a specific location. He stated there are
no sites in Southlake or in the city of Colleyville.
Commissioner Dudziak opened the public hearing at 7:54 p.m.
Aric Head, 5751 Kroger Drive, Keller, on behalf of Titan, came forward to
present the case and brief the Commissioners.
Commissioner Clardy questioned Mr. Head regarding the pipeline plan;
what is the timeline for it with regards to the first drill? Mr. Head replied
that Energy Transfer is working toward a pipeline plan for this area and
staff has been presented a preliminary plan. He stated ideally the
pipeline would be on site upon completion of the first wells.
Commissioner Clardy stated if this request is approved essentially by the
fall, a pipeline plan would have to be approved. Mr. Head stated ideally
the pipeline would be on location at the time of the production of the first
wells. He stated work can be done before the pipeline reaches the
location. He stated the wells can be drilled and completed before the
pipelines are in place.
Commissioner Clardy questioned Mr. Head regarding whether there are
plans to have a compression station on this site. Mr. Head replied no
there is not. He stated a compression station is not a part of this SUP.
Commissioner Dudziak questioned Mr. Head regarding if in the future
there may be a compression station in Colleyville or other nearby
locations. Mr. Head stated that was not a request by Titan.
Commissioner Dudziak stated for clarity that Energy Transfer is the
pipeline. Mr. Head concurred they are separate from Titan. He stated
the need for a compression station would be a request made by Energy
Transfer.
Commissioner Dudziak questioned Mr. Head regarding the location of
the nearest compression station. Mr. Head replied not knowing.
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Commissioner Phelps questioned Mr. Head regarding what the need is
for a compression station. Mr. Head replied some pipelines will require
the installer to install a compression station; however this is believed to
be a low pressure pipeline that will not require a compression station
from Titan.
Commissioner Clardy questioned Mr. Head regarding the installation of
permanent dehydrators; is that considered a closed loop system? Mr.
Head replied the term closed loop system is for the fracturing pits and in
this case Titan will use a closed loop system for the mud circulating pits.
Commissioner Clardy questioned Mr. Head regarding condensation
tanks. Mr. Head replied there are no plans for a closed loop ventilation
system. However, there is no anticipation of any condensation. Mr.
Head replied there will be tanks on site to hold the salt water and tanks
will come and remove that water from the site. Those tanks are holding
tanks.
Commissioner Redfearn questioned Mr. Head regarding whether the
condensation tanks are needed because of the geology of the shale and
how far east Colleyville is located. Mr. Head replied correct, in this area
a dry gas is produced. He stated if condensation tanks were necessary,
they would be requested in this SUP request.
Commissioner Redfearn questioned Mr. Head regarding if the site plan
would change significantly requiring them to come back for approval. Mr.
Head replied they would not look much different than the holding tanks
that are currently on the site plan.
Commissioner Redfearn questioned staff if the addition of condensation
tanks would require the applicant to come back for approval. Ron
Ruthven stated the tanks being proposed for this request are water
holding tanks, therefore condensation tanks are for a wetter gas or oil
which would require them to come back for approval. He also added
that the air quality issues are usually around the condensation tanks.
Commissioner Redfearn questioned Mr. Head regarding how many gas
well drilling sites could you expect to see in Colleyville or that could be
located in Colleyville. Mr. Head replied not knowing.
Commissioner Redfearn questioned Mr. Head regarding what the
nearest drilling sites are in relation to this one. Mr. Head replied not
knowing. He stated this location is designed to service a very large
location which is a efficient use of the surface at the present state.
Commissioner Clardy questioned Mr. Head regarding if the frac pond will
have to have a plastic liner? Mr. Head replied not knowing if it is
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required to be plastic or clay lined.
Commissioner Clardy questioned Mr. Head regarding how the fish would
stay alive when during the frac process, when the tanks are drained. Mr.
Head replied the tanks are not completely drained.
Commissioner Clardy questioned Mr. Head regarding the volume for the
frac pond. Mr. Head replied around 500,000 to 700,000 gallons.
Commissioner Clardy stated it would become necessary to pull from
another water source. Mr. Head replied the frac operations are drawn
out over a period of time; the tanks are being replenished.
Commissioner Clardy questioned Mr. Head regardingwhether the 4.2
million gallons is used to frac an entire line. Mr. Head replied one lateral.
Commissioner Clardy questioned Mr. Head regarding the life of the well?
Mr. Head replied typically a well, horizontal lateral, is done in several
years; it is not something that occurs frequently.
Commissioner Phelps questioned Mr. Head regarding site or well safety,
the emission concerns around certain pieces of equipment and during
operations, what is on the site that could come out of an open hole and
how would it be contained. Mr. Head replied the gas would vent to the
atmosphere. He stated if there were liquids that were released,
unscheduled, a berm would be installed to contain those liquids until a
response crew can clean up. He stated this liquid would be primarily
water. He stated the water tanks require a berm to be constructed
around them.
Commissioner Clardy questioned staff regarding dust mitigation, what is
the frequency for a periodic clean up and who will be responsible for that
clean up? Ron Ruthven replied they will be responsible for periodic
clean up; however, if the city does the clean up, then the city will invoice
them, Titan, for the clean up of the roads. Mr. Head replied the access
road will be concrete with the location of the site itself to be gravel.
Commissioner Dudziak questioned Mr. Head regarding the water from
the frac process; are there any chemical worries for what the water
contains? Mr. Head replied the water is removed from the tanks to the
tanker trucks, therefore, there should be no exposure.
Commissioner Dudziak questioned Mr. Head regarding if there are any
hazardous designations required for the site. Chris Hammack, Titan
Operating, stated there are no hazardous chemicals. He stated the
chemicals are extremely diluted.
Commissioner Phelps questioned Mr. Hammack regarding the sound
buffering; there will be a 16 foot sound buffer at the initial drilling phase,
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correct? Mr. Hammack replied yes. Commissioner Phelps questioned
Mr. Hammack regarding will there be any additional sound buffering. Mr.
Hammack replied yes, the engines will be enclosed with buffering around
the generators.
Commissioner Dudziak questioned Fire Marshal Rob McKeown
regarding if he is satisfied with the safety requirements. Rob McKeown
replied yes and added that the fire department is working with another
company with drill site experience to get additional training related to
drilling.
Commissioner Dudziak questioned Rob McKeown regarding how soon
would it take a hazmat crew to get on site. Rob McKeown replied within
an hour. He stated those issues are required to be in their emergency
operations plan as well as points of contact.
Jeanna Griffin, 803 Potomac Place, Southlake, spoke in opposition to
the request with concerns for the setback requirements and with regards
to the floodplain and private residence.
David Adams, 165 Creekway Bend, Southlake, spoke in opposition to
the request with concerns for water usage and the toxins in the water
that is being shipped off site.
Chris Monroe, 1500 S. White Chapel Blvd., Southlake, spoke in
opposition to the request with concerns for safety issues, quality issues,
pollution, and noise and with it being located in a residential area.
Grady Walker, 7309 John McCain, Colleyville, spoke in support of the
request.
Beth Adams, 165 Creekway Bend, Southlake, spoke in opposition to the
request and stated TCEQ and EPA have not completed their studies with
regards to air quality testing. She stated the city should not rush into
approving this request.
Kevin Townson, 175 Creekway Bend, Southlake, spoke in opposition to
the request and stated this request is not in the best interest of either of
the communities.
Stuart Johnson, 7504 Monroe Court, Colleyville, spoke in opposition to
the request and stated that there are too many unanswered questions
with regards to public safety.
Diane Grillo, 7502 Monroe Court, Colleyville, spoke in opposition to the
request and would like the city to consider a moratorium on drilling
because of the safety issues related with drilling.
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David Rea, 1640 Bent Creek Drive, Southlake, spoke in opposition to the
request with concerns for the safety issues and unanswered questions
and discrepancies with the numbers of water usage.
Wesley Quenichet, 5005 Oak Timbers Court, Colleyville, the property
owner's son, spoke in favor of the request and stated the family has
taken a considerable amount of time deciding about the drilling on their
property.
Lynn Buffington, 1400 S. White Chapel Blvd., Southlake, spoke in
opposition to the request with concerns for the safety of the site and the
unanswered questions and findings by TCEQ and EPA.
David Buffington, 1400 S. White Chapel Blvd., Southlake, spoke in
opposition to the request with concerns for the TCEQ and EPA findings
as well as the safety issues of this site, and the truck traffic to and from
the site.
There being no one wishing to speak, the public hearing was closed at
9:11 p.m.
Mr. Head and Mr. Hammack came forward to address the comments of
the speakers and stated Titan is willing to provide factual documents to
anyone wishing to see them.
Commissioner Phelps questioned Mr. Hammack regarding what the
timing is with regards to the construction of the fencing and/or
landscaping be in place, before the first well is drilled. Mr. Hammack
replied yes and stated shortly after the completion phase.
Commissioner Dudziak questioned Mr. Hammack regarding what is the
definition of a mud pit. Mr. Hammack replied the correct word is a closed
loop system, which is a series of steel tanks that sit on the surface to
capture any of the drilling mud or products. These products are
contained in a steel tank and disposed of off site. He stated there is a
process that separates the solids from the liquids and those are also
stored and disposed of off site as well. He stated there are no liquids
that hit the ground.
Commissioner Dudziak questioned Mr. Hammack regarding whether
there is a hazmat plan in place and would Titan participate in this plan if
something were to happen on the site. Mr. Hammack replied it is a
collaboration of all departments, fire department, the municipalities, as
well as Titan. He stated they have a company that will be called in the
event of a disaster.
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Commissioner Dudziak questioned Mr. Hammack if the Railroad
Commission would get involved. Mr. Hammack replied yes all parties,
Railroad and TCEQ, would be involved and Titan would take the
leadership regarding how the event is handled. He stated the
emergency notification plan has all of the important contact information.
Commissioner Clardy questioned Mr. Hammack regarding why the
potential pipeline is not being viewed at the same time as this request.
Mr. Hammack replied that he believed staff has met with Energy
Transfer on a preliminary basis. He stated as far as he knows the right
of ways have not been acquired. Commissioner Clardy stated he
thought that information should be available for public content before
those right of ways are purchased.
Commissioner Clardy questioned staff regarding if staff has a tentative
time frame regarding the pipelines. Ron Ruthven replied the pipeline
application will be submitted upon approval of the gas drilling request.
He stated there is not a written process for a pipeline permit, therefore,
the city can not require the applicant to submit a pipeline plan as part of
this request. He further stated, legally, the Commission can not consider
pipeline routes as part of the consideration of the gas well SUP.
Commissioner Redfearn questioned Mr. Hammack regarding what
additional regulations around environmental standards might be
forthcoming from federal and state agencies. Mr. Hammack replied that
he is not qualified to answer that question. He stated the TCEQ and
EPA would be the ones to bring forth those recommendations or
additional standards at which Titan would have to adhere.
Commissioner Dudziak questioned Mr. Hammack regarding whether
newer standards or regulations are developed, if Titan will adhere to
those standards? Mr. Hammack replied yes, that is his understanding.
Commissioner Phelps questioned City Attorney Kallas regarding what
fine or penalty would occur if those standards were not adhered to, is the
city tied to what they can limit? City Attorney Kallas concurred and
stated the city can not go above and beyond what the federal and state
regulates. He stated there is a $2,000 fine and penalty.
Commissioner Phelps questioned Mr. Hammack regarding what is the
anticipated maximum pressure for the lines is. Mr. Hammack replied as
proposed 200 pounds, a low pressure system. He stated a sustained
pressure.
Commissioner Phelps questioned Mr. Hammack regarding if the
pipelines are being put in place with the anticipation that the lines could
be higher pressure. Mr. Hammack replied he would have to refer to
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Energy Transfer for their specific design standards.
Commissioner Clardy stated there are things that still need to be
addressed; he stated it appears that this needs to be held again at a
later date.
Commissioner Redfearn concurred and stated the challenge is how local
law fits into the federal and state regulations. He stated it is very difficult
to move forward with so many concerns with the environmental issues,
air and water being the primary ones.
Commissioner Phelps concurred and stated he appreciated the fact that
Titan and staff have addressed most of these issues. He stated it would
be nice to have some insight on what the federal and state regulations
are going to do. He stated not wanting to rush this process and to
address some of those unanswered questions.
Commissioner Dudziak somewhat concurred and stated there are risks;
however, there is more research to be done. He stated he would like
some more clarity before moving forward.
Commissioner Dudziak moved to table case ZC10-003. Commissioner
Redfearn seconded.
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The motion failed by the following vote:
Aye: 3 -Dudziak, Redfearn, Phelps
Nay: 1 -Clardy
Absent: 1 -Rotthaus
Excused: 2 -Knox, Byerly
Commissioner Clardy suggested moving this to a date later than
the next Planning and Zoning Commission meeting. He stated two
weeks is not enough time for the questions to get answered.
City Attorney Kailas suggested tabling to a date specific.
Commissioner Dudziak stated it would be good to have public input
at the meetings to move this along.
Ron Ruthven reminded the Commissioners that there will be a
meeting on May 24, 2010 because of the tabled item.
Commissioner Clardy suggested the June 14, 2010 date since he
will not be available for the May 24, 2010 meeting because of travel
issues. He stated with him being gone and two Commissioners
recusing themselves, the minimum would be four Commissioners
again.
Ron Ruthven stated if the Commissioners have specific items they
would like to have addressed, to please meet with staff regarding
those issues or state it here.
Commissioner Redfearn stated regardless of the vote, the applicant
can still take this to City Council. Ron Ruthven stated if the
Commission denies the request, yes, the applicant can appeal the
request to City Council, however, it would require a supermajority
vote.
Commissioner Clardy moved to table case ZC10-003 until the June
14, 2010 meeting. Commissioner Phelps seconded.
The motion carried by the following vote:
Aye: 4 -Dudziak, Redfearn, Clardy, Phelps
Absent: 1 -Rotthaus
Excused: 2 -Knox, Byerly
8b Approval of a request for a Special Use Permit for an auto repair shop
on Lot 1, Block 1 of the Highway 26 Industrial Addition located at 6804
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May 10, 2010
Colleyville Boulevard, Case ZC10-007
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Clardy questioned staff regarding the SUP which was
approved adjacent to this property, were they allowed to have a trailer
parked at the back portion of their property? Ron Ruthven replied yes,
they were allowed to have a trailer for the business parked on the back
portion of their property.
Commissioner Clardy stated staff is denying this request to park a trailer
on this property. Ron Ruthven stated staff is recommending denial
specifically for the parking of personal trailers on the subject property.
Commissioner Byerly opened the public hearing at 7:14 p.m.
Danny LaPier, the applicant, came forward to present the case and brief
the Commissioners.
Commissioner Dudziak questioned the applicant; is not being able to
park a motor home or boat on the property an impediment? Mr. LaPier
stated at this time he does not own such property but in order to be
compliant with the ordinance, if in the future he does own such property,
he would like to be able to park them on his property.
Commissioner Dudziak questioned Mr. LaPier if he wants to be open on
Saturdays? Mr. LaPier stated he did not want to push the issue with
being allowed. He stated he would like to be open on Saturdays.
Commissioner Byerly questioned Mr. LaPier regarding what hours would
he propose for Saturday; the same as during the week, 7 a.m. to 7 p.m.?
Mr. LaPier replied 8 a.m to 12 p.m.
Commissioner Clardy questioned Mr. LaPier if he has a trailer he uses
for his business? Mr. LaPier replied they have a car trailer but that is it.
He stated eventually he would like to park his daughter's heifer trailer
there.
There being no one wishing to speak, the public hearing was closed at
7:17 p.m.
Commissioner Redfearn moved to approve case ZC10-007 with the
amendment to the hours of the business be Monday through Friday, 7
a.m. to 7 p.m. and Saturday 8 a.m. to noon. Commissioner Dudziak
seconded.
City of Colleyville Page 14 Printed on 5/21/2010
Planning and Zoning Commission Minutes -Draft
May 10, 2010
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
8c Approval of a request for a Special Use Permit for a private school on
Lot 1A, Block 1 of the First Assembly of God Addition located at 4309
Colleyville Boulevard, Case ZC10-008
Commissioner Phelps recused himself from this item and signed an
affidavit.
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly opened the public hearing at 7:19 p.m.
There being no one wishing to speak, the public hearing was closed at
7:20 p.m.
Commissioner Redfearn questioned staff regarding what types of
licensing is required by the state for a private school. Ron Ruthven
replied not knowing at this time. He stated knowing that the state does
have standards for such facilities.
Commissioner Redfearn moved to table case ZC10-008 since the
applicant was not present. Commissioner Clardy seconded.
The motion carried by the following vote:
Aye: 5 -Knox, Dudziak, Redfearn, Clardy, Byerly
Absent: 1 -Rotthaus
Excused: 1 -Phelps
9. TABLED PUBLIC HEARING AGENDA ITEMS
9a Approval of a replat for 0.24 acres on Tract 3B1A, Abstract 936 of the M.
Looney Survey and 2.0 acres on Lot 44R, Block 1 of the Riverwalk at
Colleyville Addition located at 1206 Nueces Court and 1200 Riverwalk
Court, Case PC10-004
Commissioner Clardy moved to take item 9a case PC10-004 from the
table so that this item could be heard. Commissioner Dudziak
seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 -Rotthaus
City of Colleyville Page 15 Printed on 5/21/2010
Planning and Zoning Commission Minutes -Draft May 10, 2010
Ron Ruthven presented the case and briefed the Commissioners.
Commissioner Byerly questioned staff regarding whether the address
issue brought up in the previous meeting was discussed. Ron Ruthven
replied yes, the address had been discussed with the Riverwalk HOA
and they were in agreement that at the time of building permits, the
address would reflect 1120 Nueces Court.
Commissioner Byerly moved to approve case PC10-004. Commissioner
Knox seconded.
The motion carried by the following vote:
Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly
Absent: 1 - Rotthaus
10. ADJOURNMENT
The meeting adjourned at 9:44 p.m.
I hereby certify the above agenda was posted on the bulletin boards at City Hall
on Friday, May 7, 2010 by 5:00 p.m.
Amy Shelley, Planning and Zoning Assistant
City of Colleyville Page 16 Printed on 5/21/2010
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~~~~ Agenda Briefing 817.503.1000
vaww. co 1 1 eyvi l l e. co m
File Number:
File Type: Case
Status: Commission
Tabled Items
Version: 1
Requester: Community
Development
Department
Agenda Date: 05/24/2010
Agenda No.: 7a
Controlling Body: Planning and
Zoning
Commission
Final Action:
File Name: Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the
First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008
Attachments: Location and Zoning Map Notification List Statement of Planning Objectives
Information Provided by Applicant Site Plan Floor Plan Draft Ordinance
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/10/2010 Planning and Zoning
Commission
1 05/24/2010 Planning and Zoning
Commission
Title
Approval of a request for a Special Use Permit for a private school on Lot 1A, Block 1 of the
First Assembly of God Addition located at 4309 Colleyville Boulevard, Case ZC10-008
Explanation
Update
The Planning and Zoning Commission tabled this item at the May 10, 2010 meeting since
the applicant was not available for the meeting.
Mariana Ruiz and Beatriz Rocha have submitted an application for a Special Use Permit
(SUP) for a private preschool (Pre-K) and Kindergarten school located at 4309 Colleyville
Boulevard.
Existing Conditions. The subject property is currently developed as the Colleyville
Assembly of God Church.
Existing Zoning. The property is currently zoned CC2-Shopping Center. The proposed
use of a private school is allowed with the approval of a SUP in any zoning district.
Proposed Business. The private school is a bilingual Pre-K and Kindergarten for children
City of Colleyville Page 1 Printed on 5/20/2010
Agenda Briefing Continued
whose first language is English.
The proposed private school will occupy approximately 1,265 square feet of the existing
33,840 square feet of the Colleyville Assembly of God church. No new construction is being
proposed with this request.
The proposed school programs will consist of ages 2 - 5 years with three Pre-K programs
and one Kindergarten program ranging from 2 - 3 days a week to a full five day a week
program.
The proposed hours of operation are Monday through Friday from 9:00 a.m. to 2:00 p.m.
with the option of an extended program to continue until 6:00 p.m.
The proposed school is not affiliated with the Colleyville Assembly of God church and as
such it will be independently operated and leased by the applicant as a seperate use from
the church.
The applicant has received the appropriate license as required by the state of Texas. The
applicant is proposing to have a maximum of 43 students attending the Pre-K and
Kindergarten school.
Site Plan. The Colleyville Assembly of God Church consists of 33,840 total square feet
and the proposed school intends to use approximately 1,265 square feet. A detailed floor
plan has been attached to this agenda briefing.
Parking. The applicant is proposing to utilize the existing parking spaces which are more
than adequate for the proposed use given that the church hours are off set from the school
hours.
Signage. Any additional signs will require a separate sign permit and are not included in
this request.
Master Plan. The Colleyville Master Plan designates the future use of this area for retail
land uses. The proposed use of a private school is allowed with the approval of a SUP.
Adjacent Zoning and Development. Properties to the west are located within the city of
Hurst and are undeveloped. The properties to the east are zoned R-MF-Multi-Family
Residential and are developed as single family homes. The property to the south is zoned
CC1-Village Retail and is undeveloped. The property to the north is zoned CC2-Shopping
Center, undeveloped and owned by the church.
Public Notification. Staff mailed notices to 29 adjacent property owners regarding this
request. Notice was 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 property is developed as a church and the proposed use will be operated
independently from the church use. Given that proposed private school hours will be off-set
City of Colleyville Page 2 Printed on 5/20/2010
Agenda Briefing Continued
from the church hours, the parking and overall impact is sufficient for the proposed use.
The proposed development complies with the future land use designations of the Colleyvil/e
Master Plan.
Recommendation
Approval, subject to the conditions in the draft ordinance.
City of Colleyville Page 3 Printed on 5/20/2010
Location and Zoning Map
Notification List
OWNER NAME OWNER ADDR OWNER
CITY OWNER
STATE OWNER
ZIP
SITUS ADDR
Rudel, Chandi L nn 112 Montreal Dr Hurst TX 76054 4400 Colle ille Blvd
First Assembl Of God Ch Inc P.O. Box 98 Colle ville TX 76034 44 1 Colle ille Blvd
Tiffan Park Ha Inc 400 Country PI Colleyville TX 76034 4320 Tiffan Park Ln
First Assembl Of God Ch Inc P.O. Box 98 Colle ville TX 76034 4309 Colle ille Blvd
Chernoff, Alan Scott 400 Waterford Ln Colle ville TX 76034 400 Waterford Ln
Rasmusson, Rick Etux Jan 1264 Harwood Rd Ste 200 Bedford TX 76021 404 Waterford Ln
McCutchon, Helen 401 Waterford Ln Colle ville TX 76034 401 Waterford Ln
Johnson, Johnn W Etux Linda 408 Waterford Ln Colle ille TX 76034 408 Waterford Ln
Westlake Jv Inc P.O. Box 92519 Southlake TX 76092 4213 Colleyville Blvd
Meaux, Duane E & Jud A Tr 405 Waterford Ln Colle ville TX 76034 405 Waterford Ln
Marsicano, James D Etux Nanc 409 Waterford Ln Colleyville TX 76034 409 Waterford Ln
Baumann, Dirk Etux Felicitas 413 Waterford Ln Colle ville TX 76034 413 Waterford Ln
Morton, William P Etux Jan W 417 Waterford Ln Colleyville TX 76034 417 Waterford Ln
Conle , John M Etux Mar aret E 421 Waterford Ln Colle ille TX 76034 421 Waterford Ln
Kni ht, Earnest G 21619 Old Hi hwa 105 Cleveland TX 77327 4205 Felps Dr
Lon , Matthew W & Pai e L Lon 412 Bridlewood N Colle ville TX 76034 412 Bridlewood North
F ar, Joel E Etux Tamara W 408 Bridlewood N Colleyville TX 76034 408 Bridlewood North
Ellis, James Jr Etux Eva F 404 Bridlewood N Colle ville TX 76034 404 Bridlewood North
Sprang, Chris I Etux Melinda L 400 Bridlewood N Colle ville TX 76034 400 Bridlewood North
Fine, David Etux C nthia P.O. Box 66 Colle ville TX 76034 312 Bridlewood North
Yoakum, Mark Etux Pam 308 Bridlewood N Colleyville TX 76034 308 Bridlewood North
Phel s, Michael Etux Karen 304 Bridlewood N Colle ville TX 76034 304 Bridlewood North
Towne, Jeffre Etux Am T 300 Bridlewood N Colleyville TX 76034 300 Bridlewood North
Wie mann, Paula L 4118 Steeplechase Dr Colle ville TX 76034 4118 Steeplechase Dr
Witsenburg, Gerrit Etux Lauren 4116 Steeplechase Dr Colleyville TX 76034 4116 Steeplechase Dr
Ruthart, Iona P.O. Box 222 Colle ville TX 76034 4201 Felps Dr
Merkle, Charles Etux Marileone 4114 Paddin ton Ln Colleyville TX 76034 4114 Paddin ton Ln
Santosa, Teresa Etvir Phili s 4115 Wellin ton Dr Colle ville TX 76034 4115 Wellin ton Dr
Summers, Robert E Etux Lisa G 4114 Wellington Dr Colleyville TX 76034 4114 Wellington Dr
Reid, James R Jr Etux Nanc A 4115 Steeplechase Dr Colle ville TX 76034 4115 Stee lechase Dr
Mariana Ruiz, applicant 1022 Sam Hill St. Irving TX 75062 applicant
Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley
Information Provided by Applicant
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ORDINANCE 0-10-xxxx
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1A, BLOCK 1 OF
THE FIRST ASSEMBLY OF GOD ADDITION LOCATED AT 4309 COLLEYVILLE
BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PRIVATE
SCHOOL; 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. ZC10-008; 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
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.
Ordinance 0-10-XXXX
Page 2 of 3
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 the approval of a Special Use Permit by
authorizing a Special Use Permit for the sale of alcoholic beverages for off-
premise consumption on Lot 1A, Block 1, of the First Assembly of God
Addition located at 4309 Colleyville Boulevard, as depicted on Exhibit "A",
Exhibit "B" and Exhibit "C".
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 the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. This Special Use Permit shall only apply to the use of a private school
described in Exhibit "B" and depicted in Exhibit "C" of the existing
33,840 square foot building, on the subject property.
b. The hours of operation shall be Monday through Friday, 9 a.m. to 6 p.m.
c. This Special Use Permit shall only apply to aPre-Kindergarten and
Kindergarten private school.
d. The maximum number of students allowed by this Special Use Permit is
43.
e. This Special Use Permit shall automatically expire upon the
abandonment of the business, change in the use, a change in
ownership or upon the expiration or termination of the Certificate of
Occupancy.
f. All requirements of the Land Development Code shall be met, except
where amended herein.
Sec. 5. THAT any person, firm or corporation violating any of the provisions or
Ordinance 0-10-XXXX
Page 3 of 3
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.
The first reading and public hearing being conducted on the day of
2010.
The second reading and public hearing being conducted on the day of
2010.
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" -Location and Zoning Map
Exhibit "C" -Floor Plan
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City of Colleyville 100 Main Street
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''~' Colleyville, Texas 76034
~~ Agenda Briefing 817.503.1000
www.colleyville.com
File Number:
File Type: Case
Status: Commission
Tabled Items
Version: 1
Requester: Community
Development
Department
Agenda Date: 05/24/2010
Agenda No.: 7b
Controlling Body: Planning and
Zoning
Commission
Final Action:
File Name: 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 ZC10-003
Attachments: Location and Zoning Map Notification List Letters of Opposition Monticello Lawsuit
Letter Summary of Letters of Support Statement of Planning Objectives
Transportation Route Notification List Transportation Route Drill Site Plan Drill Site
Plan 2 Grading & Erosion Control Plan Landscape Plan Draft Ordinance
History of Legislative File
Version: Date: Acting Body: Action Text:
1 05/10/2010 Planning and Zoning
Commission
1 05/24/2010 Planning and Zoning
Commission
Title
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 ZC10-003
Explanation
Update
This item was tabled at the May 10, 2010 meeting to the June 14, 2010 meeting.
This is the second Special Use Permit (SUP) request involving permission to drill a gas well
on the subject property. The first request, case ZC09-011, was denied by the Planning and
Zoning Commission at the February 8, 2010 meeting. This denial came at the request of
the applicant upon recommendation by staff. The applicant requested the case be
withdrawn because the pad site on the subject property was being moved approximately
600 feet to the southwest of the original proposed location. Given that the current request is
considered a new case, staff has performed a thorough review of the new request and
conducted fresh development review processes. Therefore the current request contains
recommendations that may differ from the recommendations of the previous case.
City of Colleyville Page 1 Printed on 5/21/2010
Agenda Briefing Continued
Current SUP Request. 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, along with a fresh water fracturing pond. Initial drilling is
proposed to begin in the first quarter of 2011.
This agenda item is to consider the SUP request only. 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.
A separate pipeline plan will be submitted by a pipeline company for additional approval by
the City Council prior to construction of any pipelines.
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, 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 7.5 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 penetration of approximately 8,900 feet into
the Barnett Shale and horizontal drilling up to 6,000 feet, which allows subsurface properties
more than a mile from the well head to be reached. 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 wellhead to 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 to transport the gas to market; these
pipelines 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 2.1 acre pad site where drilling and production
City of Colleyville Page 2 Printed on 5/21/2010
Agenda Briefing Continued
will occur.
As indicated on the site plan, the pad site and all operations are surrounded by a six-foot
security fence. The site's access road off of Pleasant Run Road will be a 25 feet wide,
concrete driveway. The gate will be located 85 feet from Pleasant Run Road. The pad site
will be paved with crushed limestone during operations.
The pad site will contain adequate space for emergency vehicles to turn around in the event
of an emergency.
The site will also contain construction trailers, mud pits, pipe racks pipe storage, crew
housing and the drilling apparatus, which may be up to 160 feet tall. All equipment will be
removed from the site upon completion of drilling activities.
The applicant states that the mechanical operations of the rig will utilize electric power
rather than diesel power. However, the electric operation will require two large diesel
generators in order to provide adequate electricity. The generators will be contained in
structures that are equipped with several layers of noise buffering.
The applicant proposes to drill up to 14 wells over a five to seven year period. Staff
recommends that there be no more than a five year window allowed for all drilling to occur.
If, at the completion of the five year period, the applicant wishes to drill additional wells, the
proposed SUP would be required to be amended.
These provisions have been added to the draft ordinance.
Completion (Fracturing) Operations. All fracturing operations will be performed on the
drill site and completely contained within the pad site. The applicant proposes that all water
to be utilized for the fracturing operations will come from the City water supply will be paid
for by the applicant. However, the applicant also requests to have the option to drill a
freshwater well in the event that City water is not available. Each gas well is proposed to
use approximately 420,000 gallons of fresh water. All fresh water will be stored in a 1.36
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. In lieu of installation, funds equaling the cost of installation may be placed into
escrow for future installation. This provision has been added to the draft ordinance.
Pipelines. The site plan indicates a pipeline easement running westward from the drilling
site, then south across the subject property to the adjacent property.
As stated above, a separate pipeline plan will be submitted by a pipeline company for
additional approval by the City Council prior to construction of any pipelines.
Production/Operation Site Plan. The production site includes the 2.1 acre site to be
surrounded by an eight-foot masonry screening wall. The site will contain up to 14 water
storage tanks, each 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.
City of Colleyville Page 3 Printed on 5/21/2010
Agenda Briefing Continued
The final production site may be operational for up to 30 years.
Noise Mitigation. The applicant intends to abide by the minimum requirements of Chapter
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 all drilling and fracturing phases, in order to reduce noise, the
applicant install industry-standard, noise-buffering blankets capable of absorbing sound, a
minimum of 16 feet above ground level on all sides to ensure effective noise mitigation in
the immediate area. This provision has been added to the draft ordinance.
Landscaping, Screening and Tree Preservation. The applicant will be required to
mitigate for all trees removed or damage 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 62 native trees and 140 native
shrubs around the pad site prior to the beginning of production operations.
During the first phase of drilling operations there will be a six foot chain link security fence
installed around the entire pad site. Additionally, as stated above, staff recommends that a
minimum 16 foot, industry-standard noise buffering blanket be installed around the entire
pad site to mitigate on-site noise and also to screen drilling operations.
Upon completion of the first phase of drilling, prior to production of any wells, the applicant
will construct an eight foot masonry fence around the entire pad site. The fence will remain
in place until production ceases.
These provisions have been added to the draft ordinance.
Buffering. Staff recommends that upon completion of all drilling activities, while the gas
well is in production, there shall be no buildings constructed for the purpose of human
habitation or occupation within 300 feet of any production equipment, including any tanks.
Signs and Lighting. As required by Chapter 3.1, the applicant intends to install a sign at
the entrance to identify the site. The sign will contain 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. This provision has been
added to the draft ordinance.
Access and Transportation. The applicant states that during drilling operations there will
be 35 truckloads over athree-day period between the hours of 7:00 a.m. and 7:00 p.m. with
an average of 1.5 trucks per hour for both move-in and move-out activities. Otherwise,
there will be personal vehicles, for 10 workers, entering and leaving the site on a daily basis.
City of Colleyville Page 4 Printed on 5/21/2010
Agenda Briefing Continued
During the fracturing (completion) process, there will be 20 truckloads per day over an 11
day period between the hours of 7:00 a.m. and 7:00 p.m., with an average of 1.5 trucks per
hour.
During the production phase, there will be 0.5 truck per day, per well - or seven trucks per
day for 14 wells.
The proposed truck route for the well site will run as follows: To the well site -south on
SH26 to Tinker Road, then west on Tinker Road to Pleasant Run Road, then north on
Pleasant Run Road to the well site. The route from the well site will duplicate 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.
Street construction is proposed at the intersection of John McCain and Pleasant Run Road.
Proposed intersection construction will not impede initial drilling operations given a late
Spring 2011 projected start date. Additionally, any proposed intersection design will be able
to handle the large trucks required for drilling and production operations. If any
tractor-trailer trucks should need to access the site during intersection construction,
appropriate arrangements will be made in order to facilitate access.
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.
These provisions have been added to the draft ordinance.
Environmental Impacts. The applicant has provided an erosion control and grading plan
that has been accepted by the Engineering Department. The applicant intends to install
erosion-control fencing and check dams to prevent soil erosion and silt contamination of Big
Bear Creek. The applicant also states they will install spill berms and containment rings
surrounding all drilling and production equipment.
-Air Quality
Both the Environmental Protection Agency and the Texas Commission on Environmental
Quality have determined that, in some cases, volatile organic compounds such as methane
and benzene have been emitted at natural gas well drilling sites. Both agencies are
currently reviewing their rules and regulations as they relate to natural resource extraction
and are expected to propose changes sometime in 2011.
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 gas to be vented into the air during the fracturing process only. However, the
applicant intends to use environmentally friendly methods that act to recover natural gas
through the use of permanent dehydrators that meter and flow the gas directly into a
pipeline, rather than venting or flaring.
City of Colleyville Page 5 Printed on 5/21/2010
Agenda Briefing Continued
Given the relative uncertainty about airborne emissions of volatile organic compounds from
natural gas wells, and in order to ensure compliance with all state and federal air quality
standards, staff recommends that an independent, third-party, air-quality inspection
company perform periodic air quality inspections, including measurements of airborne
volatile organic compounds, at the site area during all phases of drilling and production
operations. The determination of measurement points, compounds to be measured, the
frequency of inspections, threshold limits, as well as baseline measurements of pre-drilling,
ambient air quality will be performed by the inspection company to be chosen by the City of
Colleyville and reimbursed by the gas well operator. At a minimum, in the event that a
measurement exceeds an established threshold, the appropriate state and/or federal air
quality enforcement agency shall be notified of the measurement within 24 hours of the
observation.
- Seismic Activity
With regard to seismic activity, the applicant states that there is no seismic activity
anticipated. There has been unprecedented seismic activity within the Barnett Shale in the
past three years. A recent study performed by Southern Methodist University discovered a
correlation between some seismic events and a saltwater injection well. Injection wells are
used to pump used drilling fluids back underground for disposal. According to the study, the
seismic events do not appear to be directly connected to the drilling, hydraulic fracturing or
gas production in the Barnett Shale. There are no injection wells proposed as part of this
SUP.
-Other
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 cement 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.
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 390 feet and the
barn will be 233 feet from the proposed well heads. Chapter 3.1 requires a minimum
separation of 1,000 feet. There are no other residences within 1,000 feet of the wellhead in
the City of Colleyville or any other adjacent city. Given that the Quenichet family has
approved the location of a well on their property, staff recommends approval of this waiver.
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
City of Colleyville Page 6 Printed on 5/21/2010
Agenda Briefing Continued
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. Thirteen (13) letters of opposition have been received.
Summary of Staff Recommendations.
(1) Except for electric power generators, all drilling rigs authorized by this SUP shall be
powered by electricity.
(2) Upon completion of all drilling activities, while the gas well is in production, there shall
be no buildings constructed for the purpose of human habitation or occupation within 300
feet of any production equipment, including any tanks. This requirement shall not pre-empt
any requirement set forth in the Land Development Code.
(3) The gas well operator may drill up to 14 wells as part of this SUP. The operator shall be
allowed five years from the date of approval of this SUP to drill all wells. A separate
administrative gas well drilling permit shall be required for each phase of drilling.
(4) The applicant shall be required to upgrade the existing six-inch water service line that
serves the property to an eight inch water line or, in lieu of installation, place funds into
escrow for future installation.
(5) During the drilling and fracturing phase, in order to reduce noise, the applicant shall
install a minimum 16 foot high, industry-standard noise buffering blanket capable of
absorbing sound to ensure effective noise mitigation and screening for the immediate area.
Additionally, sound mufflers shall be placed on all motorized equipment.
(6) A minimum eight foot masonry wall, designed and intended to screen the entire view of
any production equipment, shall be installed around the entire pad site prior to any gas well
production on the pad site.
(7) In order to ensure compliance with all state and federal air quality standards an
independent, third-party air quality inspection company shall perform periodic air-quality
inspections, including measurements of airborne volatile organic compounds, at the site
area during all phases of drilling and production operations. The determination of
measurement points, compounds to be measured, the frequency of inspections, threshold
limits, as well as baseline measurements of pre-drilling ambient air quality shall be
performed by the inspection company. The company shall be chosen and contracted by the
City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said
contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the
event that a measurement exceeds an established threshold, the appropriate state and/or
City of Colleyville Page 7 Printed on 5/21/2010
Agenda Brief-n_q Continued
federal air-quality enforcement agency shall be notified of the measurement within 24 hours
of the observation.
(8) All other 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.
(9) All fresh water ponds shall require City approved mosquito mitigation methods.
(10) All stormwater run-off from the pad site shall contain no pollutants. There shall, at a
minimum, be spill berms and containment rings surrounding all drilling and production
equipment in order to mitigate point-source pollution from all surrounding watersheds.
(11) All site lighting shall illuminate onto the site and shall not directly illuminate onto any
surrounding properties or onto the property owner's residence. Drilling rig lighting shall not
be a nuisance and shall illuminate at the minimum level of lighting allowed by the State of
Texas for drilling rigs.
(12) During the completion phase of drilling, the operator shall utilize environmentally
friendly methods that act to recover natural gas through the use of permanent dehydrators
that meter and flow the gas directly into a pipeline, rather than venting or flaring.
(13) 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.
(14) 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.
(15) 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.
(16) There shall be adequate space provided for emergency vehicles to turnaround on the
pad site at all times. The turnaround dimensions shall meet the minimum requirements of
the Land Development Code.
Recommendation
Approval, with the conditions stated within the draft ordinance.
City of Colleyville Page 8 Printed on 5/21/2010
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 SO
Tuttle, Robert S Etux Billie J 202 Madison Sq Colleyville TX 76034 202 MADISON SO
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 SO
Chang, Wesley En-Tse 203 Madison Sq Colleyville TX 76034 203 MADISON SO
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 Wednesday, April 28, 2010 by Amy Shelley.
Signature
Letters of Opposition
To: Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
From: Jerry and Dean Davis
7801 Jefferson Circle
Colleyville, TX 76034
Mays, Zolo
This is a written protest to Zoning Case Number ZC10-003.
It is our opinion that the location of the drilling site as proposed in
Zoning Case Number ZC 10-003 is too close to some of the homes and
parks in The Hills of Monticello in Colleyville.
Studies of the environmental effects of gas drilling are on going, and
conclusions will not be reached in the near future. The possibility of
harmful emissions related to drilling and production is a major concern.
There is also the question of quality of life issues. The proposed site is in
claw proximity to the neighborhood children's playground, fishing
ponds, and jogging trails. Within this area, there are wildlife and
nature concern, especially the family of owls who reside here.
The construction and drilling noise would certainly disrupt this peaceful
environment,
The value of the homes close to the drilling site could be affected in a
negative manner.
Then there is the concern that the two lane Colleyville roads will be
unable to withstand the heavy truck traffic without major road damage.
The additional truck traffic will also clog the already congested
Pleasant Run and John McCain roads for years.
Thanking you :for your consideration on these very important matters.
Regards, "
Jerry and Dean Davis
iVED
~~ RE~E
. ,„~.~ ~r~~~~ P,Y t17 2014
Pay ,,..........
From: Webmaster -Deanna Griffin
Sent: Wednesday, May 12, 2010 2:18 PM
To: Ron Ruthven; Jennifer Fadden
Cc: Mona Gandy
Subject: Request for information re: Zoning Case Number: ZC10-003
Importance: High
Good afternoon,
I have searched your website for additional information regarding: Zoning Case Number: ZC10-003.
We would like to review/obtain all site plans, studies and any other documents that pertain to this drill
site that has been submitted to the Zoning & Planning Committee.
Aiso, I have specific questions, marked in red, to the responses Ms. Fadden provided, which are marked
with
* The only home within 1,000 feet of any proposed well head is the
Quenichet home on the actual drilling site. There are no other homes within
1,000 feet.
1. Quenichet's home and barn are not exempt even with a waiver nor is
the Barn. Is the city going to exempt them from this restriction of
the land development code because they signed a waiver?
More importantly, the current plan violates 3.1, D, 13 (The revised site
is right next to the creek that feeds into Trinity. In fact, the mud pit
and proposed pond is a few feet from it.)
2. Is the City going to be responsible for health hazards if the
proposed pond, mud pit or site contaminates the water? The City is
considering putting this (see pictures} right next to a creek that
feeds in to Trinity and waive the restrictions of 3.1, D 13? The
current proposed drill site is a known area that floods,is a flood
hazard, and a few feet from a 100 flood zone?
WOUId
you live next to this?
3. Has the City completed the required "detailed flood study" since
this area is next to a flood plain and is a flood hazard? If so,
please provide the detailed flood study due to contamination risks.
3.1, D, 13
For all areas within the City of Colleyville's corporate limits, in which the proposed well
bore is within
775 feet of any type of surface water conveyance, including, but not limited to, creeks,
streams,
drainage ditches, or other constructed storm water conveyance systems, calculating
distance in a
straight line from the conveyance centerline, an approximate flood study shall be
prepared by the
applicant and approved by a City of Colleyville engineer. Upon completion of the
approximate flood
study, if the City of Colleyville engineer determines that the proposed well bore is within
100 feet of
a~ type. of surface water conveyance, or other flood hazard area, -_
* Pad site lighting will not be allowed to shine on any adjacent
residential properties and rig lighting will be required to illuminate at least
level allowed by the state of Texas.
4. How will the City enforce compliance?
* The applicant will be required to pay the City for all water used as
part of the drilling process.
5. Does the City anticipate no water restrictions this year or just a
big profit? Currently there are 14 wells proposed on this sit. Are
you allowing one site to take 4.2 million gallons of water, per
well? Is the City more concerned with profit or preserving our
water?
http•//txsharon bloRspot com/2009/03/natural-pas-production-causing-water.html
* Drilling will occur at depths of 8,000 feet below ground. The water
table will not be affected as it is located just a few hundred feet below the
surface.
6. Are you guaranteeing this? Who has confirmed this statement is true
and is the City ready to take responsibility if this occurs?
http•//earthworksaction orR/PR EPApavillionDrinkin~Water.cfm
EPA ContFrms Drinking Water Contamination by Toxics Used in Hydraulic Fracturing
"Our families and neighbors are experiencing everything from miscarriages and rare cancers to central nervous
system disorders, seizures, and liver disease" said John Fenton of Pavillion Area Concerned Citizens, a citizens group
formed to address oil and gas contamination.
IEPA confirmed the presence of 2-butoxyethanol (2-BE), a known constituent in hydraulic fracturing fluids, in three
.wells. This is the same chemical that was documented in the water well of Laura Amas, a Colorado landowner, after
nearby wells were hydraulically fractured by EnCana. EPA reported that other water contamination, in the Pavillion
wells, included methane, as well as adamantanes (a form of hydrocarbon) and six other chemical compounds of
concern.
* According to a recent study by SMU, seismic activity has only been
associated with injection wells. There are no injection wells associated with
this drilling request.
7. Please provide or make available the "Production Plans" for this
site which will require injections. If you take gas out...you have to
inject something. What their injecting scares me.
* Regarding air quality, an independent air quality inspector is
recommended to perform periodic inspections during all phases of drilling and
production, including baseline readings prior to any activity at the site. If
there are any dangerous readings of airborne emissions, the appropriate state and
federal agencies, who have the authority to stop operations for air quality
violations, will be notified within 24 hours.
8. Who is going to monitor, how often, and where will the results be
posted? We need to require Titan to install an air quality monitors
use gas chromatography to analyze the air that will provide real
time date, at Titan's expense? TCEQ recommended -
http:_//startele;;ram typepad com/barnett shale/2010/04/tceq-adds-air-
monitors-posting-data-online.html
Citizens are concerned that all documents, studies and site plans have not been
shared with the public regarding Zoning Case Number: ZC10-003. We the Citizens
request the City staff, the Planning and Zoning Commission, and the City Council
to fully disclose and make available all requested and completed studies, site
plans, pipeline plans, and other related documents, available to the public that
have been submitted to the Zoning Commission by Titan, SUP ZC10-003.
Please let me know if these are items that are not being posted, and I will come
to City Hall to pick them up. If these items are not being released, please
explain.
Kind regards,
Jean.na Griffin
Page 1 of 2
Amy Shelley
From: Webmaster -Deanna Griffin~~~~
Sent: Tuesday, May 11, 2010 1:34 pM
To: Amy Shelley
Importance: High
Hi Sharon,
We need all the information we can get to understand what is going to happen to our community in Southlake
and Colleyville. Titan has filed for an SUP in the city of Colleyville. They are very vague in their responses to our
questions. Please point me to any information that will be helpful to our community.
Thank you and God bless you for all you do in serving others.
Zoning Case Number: ZC10-003
Applicant: Chris Hammack
Location: 7612 Pleasant Run Road
Property Description: 53.2 Acres in A-295 and A-1038 of the Hall Medlin and William E. Crooks Surveys
Present Zoning: AG-Agricultural
Requested Zoning: AG-Agricultural with a Special Use Permit for Gas Well Site
The City of Colleyville has scheduled public hearings concerning the above referenced request on the following
dates and location:
Planning and Zoning Commission: Monday, May 10, 2010, at 7:OOpm (tabled until June 14, 2010)
WE NEED YOUR HELP
City Council: Tuesday, June 1St and June 15th, 2010 at 7:30pm
City Council Chambers, 3rd Floor of City Ha11,100 Main Street, Colleyville, Texas
This notice has been sent to all owners of real property within 200 feet of the request as such ownership
appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a
recommendation to the City Council and is not a final action on the request. Denial of the proposal by the
Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of
action by the Commission. If appealed, the request will be placed on the next available City Council agenda and
all property owners within 200 feet will be re-notified of the hearing. Rezoning request, zoning amendments
and conditions recommended by the Commission for approval by the City Council may be more restrictive than
those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but with to have your opinions made a part of the public record,
please submit written comments prior to the public hearing to the address below:
Community Development Department
City of Colleyville
100 Main Street
5/11/2010
Page 2 of 2
Colleyville, Texas 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest
prior to the public hearing, state law provides that the approval of the zoning change request shall require the
approval of a super majority vote by City Council.
The application is on file for public examination in the Planning Department at 100 Main Street, Colleyville,
Texas. For additional information, please contact the Community Development Department at 817-503-1050.
Please reference the zoning case number when requesting information.
Amy Shelley
Planning & Zoning Assistant
shelle~as?ci.colle~ville,tx.us
Kind regards,
Jeanna Griffin
5/11/2010
From: Nancy Farrar
Sent: Thursday, May 13, 2010 12:37 PM
To: Ron Ruthven; wilkesct2@verizon.net; mike_clardy@sbcglobal.net; rrotthaus@bokf.com; phelps-
david@swbell.net; redfearn@bigfoot.com
Subject: Drill site and intersection improvements.
I attended the planning and zoning meeting Monday night. There were some great
questions from the board members and comments from the public. It was informative yet
very concerning. It was concerning that the board had a detailed discussion whether a
gentelman could park a trailer behind his auto repair shop located on Hwy 26 yet they are
considering allowing an industrial drill site in the middle of our residential neighborhood.
Does this make any sense or is the board and council only thinking with the dollar signs in
their minds? If so, they need to look closely at how this will affect property values in the
long run. It also seems ridiculous to consider this without seriosuly looking at the health
implications as well as where the pipeline will run. I back up to Big Bear Creek. I bought
my home in The Hills of Monticello with our large green belt behind it specifically for
the quiet and beauty. Now it appears there may be drill rig running 24 hours a day, 7 days
a week and a 24 inch pipeline running directly through that greenbelt from the property on
Pleasant Run. This will ruin our property values not to mention the beauty and possible
health hazzard.
Why is the city even considering this industrial site in the middle of a neighborhood? You
are extremely particular about buildings on Hwy 26 yet this is in the middle of our beautiful
neighborhood. I honestly do not understand why this is even being considered and would
like to know.
The other meeting I attended last week was regarding the intersection at John McCain and
Pleasant Run. I travel through it at rush hour every morning and afternoon and it takes 3-5
minutes to get through. Any other time it is not a problem. Most of the traffic is from
North Richland Hills and Keller, not Colleyville. At the meeting they discussed the "proposed
2020 traffic". This increased traffic will not be from Colleyville as we are fairly built out to
the west of the intersection. The increased traffic will come from outside of our city. Why
do we want to make it easier to cut through a residential area? Why do we want to spend 1
million dollars on the intersection and maintaining our roads for cars that do not belong to
Colleyville? Again, this just does not make sense to me but maybe I am missing a piece of
the puzzle. I would like the board/council to answer these questions before we spend 1
million dollars to change the intersection. The people who live to the west of the
intersection need to understand why you want to do this and just cause more traffic. I
would rather those people from the west take the major roads like Davis and Precinct up to
Southlake Blvd. or 114. It only hurts our neighborhood to have more cut through traffic.
I would like Colleyville to remain pretty, quiet and residential. Improvements on Hwy 26
are great but lets leave the neighborhoods as they are. Please evaluate these 2 items from
this perspective.
Sincerely, Nancy Farrar 7805 Jefferson Circle Colleyville TX 76034
The New Busy is not the old busy. Search, chat and a-mai! from your inbox. Get started.
From: Thompson, Phil
Sent: Monday, May 10, 2010 10:37 AM
To: Marty Wieder
Subject: Very concerned Colleyville citizen: Titan and the future of Colleyville?
Hi Mr/Ms.Wieder -
My family lives within the planned 1,000 foot drilling distance that Titan plans to drill a gas well
adjacent to the Hills of Monticello neighborhood.
We have lots of young children who live and play in this neighborhood.
My wife, concerned neighbors and I are very worried about the future environmental impacts from
this young and relatively unproven technology. We feel the city is being irresponsible by letting
Titan Drilling companies press forward so quickly.
How is it that Colleyville, which is so proud of our country lifestyle and has limited past road
development because of it, now appears ready to actually have a drilling rig lighting up the city
sky at night right in the middle of our country lifestyle?
Here are our concerns:
- New York state has banned this kind of drilling
- Massive amounts of water used to release the gas
- Impacts on the water table beneath us
- Potential for unpredictable seismic activity
- Release of dangerous benzene gases
- Future impacts on rea{ estate values in the drill zone
We know the city wants more revenue, yet wants to keep taxes low, but in light of what is
unfolding in the Gulf of Mexico from BP's disastrous oil spill, how can you and city management
allow Titan to proceed?
We're counting on your protection and so far, we don't see that protection coming.
Sincerely,
Phil Thompson
From: Thompson, Phil
Sent: Monday, May 10, 2010 12:40 PM
To: Marty Wieder
Cc: Ron Ruthven; Jennifer Fadden; Amy Shelley
Subject: RE: Very concerned Colleyville citizen: Titan and the future of Colleyville?
Thank you, Marty.
Here are educational video and article links from December 2009 on the safety/lack thereof
Hydraulic Fracturing drilling methods.
http://www.cnbc.comlid/15840232/?video=1362653631 &play=1
http~//blogs ei Columbia edu/water/2010/05/03/hydraulic-fracturinq-potential-for-contamination-of-
drinking-water-sources/
http~//energycommerce house govlPress 111120100218/hydraulic fracturinq memo.pdf
I know the revenue from natural gas is very enticing for the city, but the long term risks are not
fully known.
The city should be much more careful about letting this proceed with a lot more studies.
The city of Flower Mound is looking into a vote this fall to ban it.
ARNOLDO & SUSAN EASTERLY
604 POTOMAC PLACE
SOUTHLAKE, TEXAS 76092
May 10, 2010
VIA HAND DELIVERY
Amy Shelley
Planning and Zoning Assistant
City of Cotleyville
Community Development Department
100 Main Street
Colleyville, Texas 76034
RE: Written Protest of Zoning Case Number ZC10-003
Applicant: Chris Hammack
Location: 7b12 Pleasant Run Road
Property Description: 53.2 Acres in A-295 and A-103$ of the Hall Medlin and
William E. Crooks Surveys
Present Zoning: AG-Agricultural
Requested Zoning: AG-Agricultural with a Special Use Permit for Gas Welt Site
Dear Ms. Shelley:
Pursuant to the Notice of Public Hearing for Zoning Case Number ZC10-003 referenced
above, the purpose of this letter is to formally protest the application and Zoning Case Number
ZC10-003, prior to the May 10, 2010 public hearing before the Colleyville Planning and Zoning
Commission. tf the property owners of 20% or more of the .land within the 200 foot notification
area file a written protest prior to the public hearing, state law provides that the approval of the
zoning change request shall require the approval of a super majority vote by City Council.
1f you have any questions regarding this protest, please contact us at (817) 488-2390.
Thank you, in advance, for your time and consideration.
Sincerely yours,
~.
~~Gh~~~iC..
Arnoldo & Susan Easter y
SHAWN AND LAURA MCCASHILL
601 POTOMAC PLACE
-SOUTHLAKE, TEXAS 76092
May 10, 2010
VIA HAND DELIVERY
Amy Shelley
Planning and Zoning Assistant
City of Colleyville
Community Development Department
100 Main Street
Colleyville, Texas 76034
RE: Written Protest of Zoning Case Number ZC10-003
Applicant: Chris Hammack
Location: 7612 Pleasant Run Road
Property Description: 53.2 Acres in A-295 and A-1038 of the Hall Medlin and
William E. Crooks Surveys
Present Zoning: AGAgricultural
Requested Zoning: AGAgricultural with a Special Use Permit for Gas Well Site
Dear Ms. Shelley:
Pursuant to the Notice of Public Hearing for Zoning Case Number ZC 10-003 referenced
above, the purpose of this letter is to formally protest the application and Zoning Case Number
ZC10-003, prior to the May 10, 2010 public hearing before the Colleyville Planning and Zoning
Commission. If the property owners of 20% or more of the land within the 200 foot notification
area file a written protest prior to the public hearing, state law provides that the approval of the
zoning change request shall require the approval of a super majority vote by City Council.
If you have any questions regarding this protest, please contact me at (817) 416-9734.
Thank you, in advance, for your time and consideration.
Sincerely yours,
`--
Shawn M. McCaskill
Page 1 of 1
Amy Shelley
From: Mueller David-QGSM33
Sent: Tuesday, May 11, 2010 1:39 AM
To: Amy Shelley
Subject: Input for P&Z commission
Hello -
Would you please pass this note onto the chairman of the P&Z commission. Thank you,
Dave Mueller
Dear Mr Chairman -
I was one of the folks that hung around after the P&Z meeting last night. We talked briefly
about what sort of on-going air quality monitoring would be done at the Titan drill site...once
the well is complete and 'in production.
I spoke with one of the reps from Titan, and he said that while there is daily monitoring of the
site during drilling...there is no specific monitoring of the site once it is in production. To be fair,
he did say there were monitors on the gas pressure once in production: either a significant
drop or a significant rise in pressure would close off the valves to the well. Any "slow leak" of
natural gas (or any other emmission) would go undetected...unless the state inspectors
happened to visit the site while the leak was occuring.
Unfortunately, Colleyville doesn't control how often the state checks on wells.
I would suggest that the commission modify the SUP to require periodic air quality samples of
the site....paid forby Titan...for as long as the site remains in production. The maximum interval
between air quality sampling a the site could be set such that a leak that develops would not
do significant damage to the environment before the periodic testing caught it.
Thank you for your consideration,
Dave Mueller
6900 Meade Drive
Colleyville
Sent from my Motorola Android phone
5/11/2010
David R. Buffington
P.O. Box 939
Colleyville,TX 76034
1400 S. White Chapel $lvd
Southlake, TX 76092
May 10, 2010
Ron Ruthven
Planning and Zoning Commission
City of Colleyville
100 Main Street
Colleyville,TX 76034
Dear Mc Ruthven,
I would like to voice my vehement opposition to the request for a Special LJse Permit to be issued for Titan Energy
Company (ZC10-003) located at 7612 Pleasant Run Road. There are a myriad of reasons why this request should be
denied and precious few ~vhy it should be accepted. I will list my concerns.
1. Safety and public Health concerns have not been adequately addressed. The EPA and TDEQ are in the process
of rewriting regulation concerning this activity and it is most likely not with the intent of relaxing regulations. At
this juncture responsible city governments are waiting for more information to be made available before
allowing further drilling: There is certainly no need for Colleyville to rush this decision until more facts are
known. The gas isn't going anywhere.
2. The typical area needed for a gas well dx711ing operation. is between two and three acres. This lease includes 53+
acres of land. To protect the interests of adjacent property owners, provisions of the current SUP should include
language prohibiting any future development of the remaining 50 acres for industrial use.
3. The SUP is, in my estimation, an expedited mechanism, in this case, to allow an industrial activity to be inserted
into a residcatial and agricultural zoned community. The success of Colleyvilie, in many ways, can be attributed
to the foresight of developing a desirable and functional master plan, and sticking to it. At no time has the
Colleyville Master Plan proposed an industriaE zone in this vicinity.'_14aking exceptions only causes conflict. and
portrays a position of lack of commitment. Granting of this SUP violates the Colleyville Land Development
Code, Section 3.1 -125, paragraph D which states that, "....if the provisions of this Chapter and other ordinances
or plans conflict or overlap, the most restrictive provisions thereof shall apply." The conflict is with the city's
current Master Plan. The decision on the SUP should be in concert with the existing land use plan. 'I•his is for
the protection of all the people who have made decisions based upon the previously established Master Plans.
Any reasonable business venture that requires zoning changes, would make any initial payments contingent on
the approval process. The ener•~y companies purposely do not follow this model. These r..ompanies intentionally
invest heavily in the community at the onset of the process and lien expect the granting of the SUP in return for
their initial investment. It is this process and the promise of additional revenue (although significantly less than
the initial payout) that entices landowners to succumb to the desires of the producers.
4. Colleyville Land Development Code. Section 3.1 - 146, paragraph D.1.b. setback requirements from any public
park. There is currently a park area within the 1,000 foot limit of the requested drill site. The park, which
encompasses property in Colleyville and Southlake is a private park owned and maintained by the Monticello
Homeowners Association, that includes residents of Colleyville and Southlake. Residents and guests use this
park extensively arrd the public safety and enjoyment ar•e of equal concern here as arty other designated park.
This dispute is currently under litigation.
Section 3.1 - 135, paragraphs D., G., and H. No information is quantified as to the use and purpose of water
derwed from the water well to be located on the site as required by paragraph D, as to the rate and quantity of
extraction and how that will impact other domestic and irrigation wells that are in the vicinity. Paragraph G only
illustrates a 30' pipeline right-of-way to the boundary of the well site property. The full. requirements of
paragraphs G. and H. have not been disclosed and this is a material omission of required information.
It is my concern that, if the SUP is approved, and the wells reach production capability, that the doctrine of
eminent domain will be enforceable to extend pipelines, as necessary throughout the area. This is the process
that has been used throughout the area. At that point, even the city will have lost control. It is inconceivable
that Titan would spend millions of dollars on developing a production site without first ascertaining a viable way
the get the product to market. How rnany landowners who may now be in favor of granting this S.U.P. will be
negatively impacted by the continuation of a 3(1' pipeline ROW easement with a probable 24" 250 p.s.i. high
pressure gas line nrnning across their property or in their vicinity?
6. W}rile it is my belief that the approval of the SLIP is a grave mistake for the residents and the city of Colleyville,
should it be approved, there are additional restrictions that must be attached to the appr•ovaL. Only minimal
safeguards have been specified in the LDC fur the protection of the residential environment of the area. As one
example, the requirement to establish an 8' masonry wall around the drill site with specific landscape
requirements is to take place only after production is commenced. Should production be delayed for any
reason, such as poor drilling resultre or depressed natural gas prices, the visual barrier could be delayed
indefinitely, or possibly not installed at all. It is ridiculous not to have these barriers in position PRIOR to
commencement of any drilling activity and this is born out by local examples. One is Chesapeake Energy's site
at 8515 Harwood and Highway 26. "this enclosure, complete with landscaping was fidiy in place prior to one
stick of pipe being delivered to the site. See exhibit "A .Everything associated with the drilling activity needs to
be restricted from view, the housing trailers the construction trailers, the pipe, the equipment, the trucks and
vehicles, and as much of the rig as feasibly possible. As mentioned earlier, the disposition of the acreage not
directly associated with the current drill site needs to be addressed prior to any approval and this information
needs to be made available to the public at large. All the activities to date just reinE'orces to me that Titan will
comply with the absolute minimum requirements and if all requirements are not specified in advance of
approval, they have little chance of being amended at a later date. Should this be approved, further natural
screening should also be required along the Pleasant Run ROW as indicated by a detailed and comprehensive
landscape plan.
Sincerely y i,
'~ / .' /
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David R. Buffington
Attachments: Exhibit "A" 4 Photographs -Chesapeake Energy $515 Harwood, North Richland Hills
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From: David Rea
Sent: Wednesday, May 19, 2010 4:29 PM
To: wilkesct2@verizon.net; mike_clardy@sbcglobal.net; rrotthaus@bokf.com; Phelps-david@swbell.net;
redfearn@bigfoot.com
Cc: Ron Ruthven
Subject: Case No. ZC10-003 (gas well drill site on Pleasant Run)
Dear Colleyville Planning and Zoning Commissioners-
First, let me thank you for taking the time to listen to concerned citizens regarding the serious
issues surrounding the Pleasant Run gas well drilling site (Case No. ZC10-003). As you know,
many communities in our area are grappling with this thorny issue. On the one hand, the U.S.,
as a nation, is striving to gain much needed energy independence, and on the other hand we
are struggling with severe environmental concerns such as global warming, water quality, and
air quality. The recent events in the Gulf of Mexico clearly demonstrate the potential risks
involved in drilling, despite historical claims by the industry that this would never happen. More
locally, Fort Worth, a city that has historically embraced drilling, has embarked upon an
extensive air quality study this summer due to genuine concerns over safety issues. Flower
Mound, another city that has had extensive drilling in their town, threw out the incumbent Mayor
and several council members in favor of health oriented candidates (with 60% of the vote).
Flower Mound has also now imposed a temporary drilling moratorium.
Colleyville officials need to be asking, "what do these communities, who already have
experience in drilling, know that we do not?" Colleyville needs to learn from the painful lessons
experienced by Dish, Flower Mound, Fort Worth, and others that have moved from welcoming
the drillers with open arms to calls for astate-wide moratorium. Clearly their experience is not a
resounding endorsement of this activity.
Citizen concerns are increasing with new information, not decreasing
will not recite for you all of the issues that citizens are greatly concerned about, but they
include...
1) putting a potentially dangerous and dirty industrial operation in a quiet residential
neighborhood
2) uncertainty over air quality issues
3) uncertainty over safety and routes of related transmission pipelines need for the gas well
4) significant demands on fresh water
5) respecting neighboring city related ordinances
6) safety concerns over well explosions, fires, and ground/water contamination from spills and
leaks
7) extensive truck traffic by homes and schools
8) the decline in residential property values for homes near the drilling site
You must make a decision whether it is appropriate for residents to accept all of these risks. Ask
yourself this question, if the applicant was requesting a change in the zoning from
agricultural/residential to industrial how would you likely vote? At its core, that is what this issue
is about. Putting an industrial operation in a residential setting. I am including for your review, a
map that is on CAMRA's website that shows there are other negotiated well sites that the
applicant could use. In particular, I note that there is a site located between 26 and the railroad
tracks by John McCain that already has various commercial operations nearby (including the
railroad, warehouses, RV dealership, a cement factory to the north, etc). Why isn't the applicant
trying to put an industrial site in an industrial/commercial area?
The draft ordinance has improved some, but needs sianificant work
If Colleyville ultimately decides to approve drilling on any site, then there are a number of issues
that it should incorporate into the related ordinance. A review of the draft ordinance in
connection with the above stated case shows that the current proposed ordinance is deficient
on a number of fronts. Below is a summary of those areas that need further improvements.
1 }while the city cannot have tighter regulations than those imposed by the state or federal
government, it can ask the applicant to specifically agree to abide by all future new regulations,
even if existing sites were to be grandfathered in. If they refuse to agree to do this then that
should be a red flag.
2) the ordinance does not currently contemplate any review of the related pipeline issues until
after approval of the site. As several of you observed, the horse will be out of the barn by then.
There is simply no good reason why this should not be part of the approval process. I am
attaching the pipeline plan as submitted by Energy Transfer for the pipeline route from the
Southlake XTO site to the Colleyville Titan site. Please note that sections of the pipeline are
already proposed in Colleyville. If Energy Transfer can do this for the Southlake/XTO site that
has never even been to P&Z once, there is simply no reason why it cannot be done on this
case. The drilling companies would rather not let this information get out into the public domain
because they know it will cause people to ask questions. Don't Colleyville citizens have a right
to know about this before it is a "done deal"?
3) while improvements have been made in the site design since it was first proposed, the draft
ordinance is still too vague in a number of instances. As an example, the draft states
that..."during fracturing (completion) phase of drilling, the operator shall utilize environmentally
friendly methods that act to recover natural gas through the use of permanent dehydrators and
meter and flow the gas directly into a pipeline rather than venting or flaring." This sounds good,
but what does it really mean? Is it the most up-to-date method for so-called "green
completions"? Has an expert who is not affiliated with the drilling industry looked at this
language and agrees that this is the current "blue ribbon" standard? (f it is, then great. If not,
then why are we not insisting on a "blue ribbon" standard?
4) The new draft ordinance contains language regarding environmental testing. Again, that is a
step in the right direction but why is there no obligation to publically post the results? Why not
include at least minimum periods of measurement (such as quarterly) to assure the public that
they will know what is going on? Why does the testing not include sound and water? You
already have sound limits (which are way too high), so why not test to ensure they too are met?
Noise ordinances are determined at the local level, unlike some other gas well safety issues.
The city has the right to set that level as they deem appropriate. Your noise ordinance needs to
be revised to reflect the requirements of operating in a quiet residential setting. Pleasant Run is
a quite, narrow two lane road (with no shoulders for pulling over in most areas) and should be
differentiated from a road like Route 26 with existing traffic noise.
5) The applicant has stated on numerous occasions that they intend to do this or that. Fine then,
lets include those specifics in the ordinance to ensure that the words meet the actions. These
items include: drilling a water well to an aquifer that is not used for drinking water, use of sound
reduction houses for the diesel generators used in electric drilling, only closed loop drilling
systems as required by Chapter 3.1, no "condensate" storage tanks allowed on site, no gas
compression equipment allowed on the site, require the use of no bleed pneumatic valves,
prohibit the staging of trucks on Pleasant Run while they wait for entrance into the site, and
require the use of vapor recover units.
6) Require disclosure of the specific chemicals used in the drilling and (racing process and test
groundwater, ponds, and streams for those substances thought to be potentially hazardous and
publish the results for the public to see.
7) The current drilling related ordinance does not contain any restrictions on seismic testing,
including the use of so called "thumper trucks". Based upon significant damage to public and
private property, Flower Mound recently banned seismic testing. Colleyville has the right protect
its streets, water and sewer systems, and building foundations from being damaged by these
activities. Why is the current ordinance silent on this important issue? Clearly, the Flower Mound
experience should give all of you reasons to be concerned about this problem.
The British Petroleum disaster is a fresh reminder of the huge risks/costs of drilling
Finally, what has Colleyville done to prepare a detailed disaster response plan? The applicant is
essentially a small privately held holding company with very employees of its own. They have
stated they intend to rely upon third party sub-contractors for virtually all the drilling, fracing, and
operations. What do we know about these sub-contractors? How do we prevent a
BP/Transocean like event from occurring in our backyard? If disaster strikes (or perhaps when
disaster strikes), what will the city do while the applicant points fingers at it subs and the subs
point fingers at the applicant and meanwhile the well burns on? Sound familiar? Accidents do
happen with these gas wells operations. In November 2009, a Chesapeake gas well exploded in
Desoto Parish during routine maintenance killing one worker and forcing the evacuation of
everyone in a two mile radius. More recently, a gas leak and explosion near Boca Chico Beach
caused the shutdown of a nearby highway for days. The public records contain many incidents
of this nature. Is Colleyville ready to evacuate a 2 mile radius around this well and handle the
remediation of hazardous debris that can be strewn for miles around when a well blows up? The
oil and gas industry would like us all to believe that drilling is safe and they can handle any
emergencies. Are you willing to bet the lives and homes of all those around this well on this
hope? Sadly, the BP situation clearly demonstrates the lack of substance behind the industry's
party line.
I appreciate your work on this matter and hope you will seriously consider the ramifications of
this proposed project on the surrounding community. For all of the reasons stated above, I am
opposed to this drill site and related draft ordinance as it is currently proposed. Thank you for
your time and attention.
David Rea
817-251-1387
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From: Diane Grillo
Sent: Thursday, May 20, 2010 8:28 AM
To: wilkesct2@verizon.net; mike_clardy@sbcglobal.net; rrotthaus@bokf.com; phelps-david@swbell.net;
redfearn@bigfoot.com; jeff.byerly@tx.rr.com; larryknox@earthlink.net
Cc: Ron Ruthven
Subject: Case No ZC10-003 (Gas well drill site on Pleasant Run)
Dear Colleyville Planning & Zoning Commissioners,
Thank you for letting me speak at your last meeting. As one of the high impact homes located
1000 feet from the well site, every time I walk out my back door I will be looking directly at the
well site.
When we signed the leases we were told that the well site would be to the left of the property
hidden in the trees. If we knew it was going to be directly in our line of site, we would have
worked hard with our neighbors and not signed the lease. If we knew about the reports of cancer
causing chemicals in the air samples and water supplies being negatively impacted, again we
would have fought against this. We were blind-sided by the greed of the gas people who only
see dollars and could care less about those of us whose quality of Lives will most certainly
change if you allow the well site to be in our residential community.
We are all for alternative sources of energy, but not when our air and water quality is going to be
affected.
We are also very concerned about the value of our homes. We choose to live in Colleyville
because of the reputation of the quite neighborhood community. We would never buy next to
any industrial site.
We have put our trust in all of you to do the right thing and not allow the variance. Why can't
the gas company put the well site next to route 26 where it is already zoned for industrial
development?
I am sure yoti are well aware of our additional concerns for safety with the recent British
Petroleum disaster in the Gulf. After the last meeting we are extremely concerned by the lack of
preparedness shown by the gas company representatives that they have established plans in place
to protect us should an accident occur.
Thank you for your time in reviewing all the data available and for making the right decision of
not forcing me to live in an industrial area and alllowing Colleyville to be the residential
community it was and is meant to be.
For all of these reasons and those stated by all of us we are opposed to this drill site and related
draft ordinances as they are currently proposed.
Diane Grillo and Barbara Lang
7502 Monroe Court
Colleyville, TX 76034
817.428.2914
GODWIN RONQUILLO DALLAS HOUSTON
A Professional Corporation Attnmeys and Counselors
Renaissance Tower
1201 Elm Street. Suite 1700
Dallas, Texas 75270-2041
SHAWN M. MCCASKILL
214.939.4400
SHAREHOLDER
DIRECT DIAL: 214.939.8684 800.662.8393
DIRECT FAX: 214.527.3165 214.760.7332 Fax
SMCCASKILL~GOD W I NRONOU ILLO.COM
GodwinRonquillo.com
May 5, 2010
VIA FIRST CLASS U.S. MAIL AND EMAIL
ruthvenr(a~ci.colleyville.tx.us
boylem(a~ci.colleyville.tx.us
Ron Ruthven, Director of Community Development
Matthew Boyle, City Attorney
City of Colleyville
100 Main Street
Colleyville, Texas 76034
RE: Monticello Iloineowners Association, Inc. v Titan Operating, LLC
Cause No. 141-243271-10,1418` Judicial District Court, Tarrant County
Plaintiff s Motion for Summary Judgment on Declaratory Judgment Claim
and Hearing on June 3, 2010
Our File No. 23608.0004
Gentlemen:
I represent the Monticello Homeowners Association, Inc. in the lawsuit it filed against Titan
Operating, LLC on January 25, 2010 in the 141St Judicial District Court, Tarrant County, Texas,
pertaining to Titan's breach of the October 22, 2008 natural gas lease agreement between the parties.
Please note that the hearing on Monticello HOA's Motion for Summary Judgment on Declaratory
Judgment Claim is set for June 3, 2010. I have included afile-stamped copy of the motion and its
exhibits for your convenience.
As you will notice from the motion, the case is based on Section 9 of the October 22, 2008
natural gas drilling lease agreement between Monticello HOA and Titan, which prohibits and
precludes drilling within 1000 feet of Monticello HOA land without its written consent. Titan's
application for a SUP filed on February 8, 2010 (following the withdrawal and denial of its initial
application after Monticello HOA filed the lawsuit) involves a proposed drill site on the Quenichet
property approximately 600 feet from Monticello HOA land, which breaches the lease agreement.
Titan has admitted that it requires a waiver (from both Monticello HOA and the Trinity Christian
Center, which also owns land adjacent to the Quenichet property and for which it executed a lease
agreement with Titan) of the Section 9 prohibition against drilling within 1000 feet without written
consent.
D 1541241 v1-23608/0004 LETTER
Please forward this information to the members of the Planning and Zoning Commission
and the City Council for their consideration in advance of the public hearings on Titan's application
on May 10, 2010 and May 18, 2010, respectively.
If you have any questions regarding the matters addressed in this letter, please contact me at
(214) 939-8684. Thank you for your time and assistance.
Sincerely yours,
Shawn M. McCaskill
SMM/mj
enclosure
xc: VIA EMAIL
Al Zito, President of the Monticello Homeowners Association, Inc.
Robert C. Wiegand (firm)
Jeffrey A. Lacy (co-counsel)
2
D 1541241 v 1-23608/0004 LETTER
Summary of Letters of Support
Request to Reuse Letters of Support from CAMRA
From: Susan K Medina
Sent: Thursday, April 29, 2010 9:27 AM
To: Ron Ruthven
Cc: 'Christopher L. Hammack'; aric.head
RosS.Melton
subject: Titan operating zC10-003 5uP for Gas well, 7612 Pleasant Run
Rd. Letters of support
Ron, please consider this a formal request to transfer Titan Operating's existing
letters of support as submitted by CAMRA to Titan Operating
zC10-003 5uP for Gas well, 7612 Pleasant Run Rd. Oo let us know if you have any
questions.
Thank you again, Susan
Susan Karkoska Medina
President/Founder
Susan K. Medina Communication Strategies, LLC P.0. Box 470959 Fort worth, Tx 76147
817.732.7719 office
817.732.7717 fax
817.707.1306 cell
713.557.6436 Houston
Page 1
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
8 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
36 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 Covin ton Way West Colleyville No
58 Philip White 6803 Curtis Rd. Colleyville No
59 Jiangping & Li Peng 6708 David Ln. Colleyville No
80 Michael & Barbara Barrett 6317 Derby Dr. Colleyville No
81 William & Linda Charters 6321 Derby Dr. Colleyville No
82 Will Fergos 6204 Equistrian Ct. Colleyville No
63 David Dixon 601 Frontier Ct Colleyville No
84 Carolyn Mithcell 508 Frontier Ct. Colleyville No
85 David & Mary Livingstone 600 Frontier Ct. Colleyville No
88 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 & Mitzi 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
128 Lou Anne King Jensen 7802 Leesburg Dr. Colleyville No
127 James 8 Edi Gray 505 Leta Ln. Colleyville No
128 Eric & 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
148 Paul & Tammy Lightfoot 1204 Opal Court Colleyville No
147 Todd Boysen 1205 Opal Ct. Colleyville No
148 Michael 8 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
181 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 A boje 6729 Sapphire Cr. N Colleyville No
218 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 8 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
260 James & Marla Tatum 301 W. Charlottesville Ave. Colleyville No
261 Michael & Carol Burke 309 W. Charlottesville Ave. Colleyville No
262 Richard & Janet Cunningham 311 W. Covington Way Colleyville No
263 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
267 Ronald Mason 805 W. Murphy Colleyville No
288 Gregory S. Simpson 209 W. Van Oaks Dr. Colleyville No
269 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 & Patricia Burleson 7304 Windswept Trl. Colleyville No
304 Wayne & Bev Harper 1219 Wyndham Hill Ln. Southlake No
305 Gary Williky 1312 Tinker Rd. Colleyville No
306 Louis Miller 7802 Tillman Hill Ct. Colleyville No
307 Kevin Gavlak 5712 Ponderosa Ct. Colleyville No
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 SH 26, west on Tinker 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 3`d 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.
-1-
ACCESSORY STRUCTURES
Accessory uses for the proposed gas development will include well heads,
storage tanks, separation facilities, and other 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 420,000 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.
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.
-2-
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 will 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 connection 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
No well-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
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
-3-
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 (85)
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 natural
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.
-4-
Transportation Route Notification List
OWNER NAME
OWNER ADDR OWNER
CITY OWNER
STATE OWNER
ZIP
ADDRESS
Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 7401 PLEASANT RUN RD
Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 7408 PLEASANT RUN RD
Trinity Chris Center Inc 2442 Michelle Dr Tustin CA 92780 7404 PLEASANT RUN RD
Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7304 PLEASANT RUN RD
Trinity Chris Ctr Santa Ana PO Box A Santa Ana CA 92711 7302 PLEASANT RUN RD
Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7300 PLEASANT RUN RD
Harrison, Cynthia 800 John McCain Rd Colleyville TX 76034 800 JOHN MCCAIN RD
Morris, Stephen 7201 Pleasant Run Rd Colleyville TX 76034 7201 PLEASANT RUN RD
Trinity Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 7200 PLEASANT RUN RD
Miller, Douglas L Etux Cynthia 7112 Pleasant Run Rd Colleyville TX 76034 7112 PLEASANT RUN RD
Kitchens, Michael Etux Patrici 7101 Pleasant Run Rd Colleyville TX 76034 7101 PLEASANT RUN RD
Trevino, Gerardo 600 John McCain Rd Colleyville TX 76034 600 JOHN MCCAIN RD
Gentry, Carol Ann 7000 Pleasant Run Rd Colleyville TX 76034 7000 PLEASANT RUN RD
Wiser, Michael J 6916 Pleasant Run Rd Colleyville TX 76034 6916 PLEASANT RUN RD
McKeown, Kenneth F Etux Lynne 6909 Pleasant Run Rd Colleyville TX 76034 6909 PLEASANT RUN RD
Meadows, Timothy P Etux Becky 6901 Pleasant Run Rd Colleyville TX 76034 6901 PLEASANT RUN RD
Pool, Robert A 6905 Pleasant Run Rd Colleyville TX 76034 6905 PLEASANT RUN RD
Abeyta, Michael Etux Shirley 6908 Pleasant Run Rd Colleyville TX 76034 6908 PLEASANT RUN RD
Brown, Howard H PO Box 396 Colleyville TX 76034 6900 PLEASANT RUN RD
Quinn, Thomas F Jr 6817 Pleasant Run Rd Colleyville TX 76034 6817 PLEASANT RUN RD
Spurlock, Joe II Etux Cheri L 6816 Pleasant Run Rd Colleyville TX 76034 6816 PLEASANT RUN RD
Havard, Steven Etux Athenna 6813 Pleasant Run Rd Colleyville TX 76034 6813 PLEASANT RUN RD
Gade, Michael J Etux Regina C 6808 Pleasant Run Rd Colleyville TX 76034 6810 PLEASANT RUN RD
Myers, Patricia A Shields 2106 Conner Ln Colleyville TX 76034 700 PAGANS PATH
McCormack, Bobby Jack 6802 Pleasant Run Rd Colleyville TX 76034 6802 PLEASANT RUN RD
Hall, Trent E Etux Laquita 701 Fegans Path Colleyville TX 76034 701 PAGANS PATH
Roybal, Robert E PO Box 893 Colleyville TX 76034 6800 PLEASANT RUN RD
Colleyville, City Of 100 Main St Colleyville TX 76034 6705 PLEASANT RUN RD
Scott, David A Etux Jennifer 6704 Pleasant Run Rd Colleyville TX 76034 6704 PLEASANT RUN RD
Crown Of Life Lutheran Church 6605 Pleasant Run Rd Colleyville TX 76034 6605 PLEASANT RUN RD
Ledbetter, Harold C & Sheryll 6700 Pleasant Run Rd Colleyville TX 76034 6700 PLEASANT RUN RD
Burkham, Mike V PO Box 913 Colleyville TX 76034 6604 PLEASANT RUN RD
Bransford Park Land Trust PO Box 185 Colleyville TX 76034 6601 PLEASANT RUN RD
Cameron, Mark J 6600 Pleasant Run Rd Colleyville TX 76034 6600 PLEASANT RUN RD
Bransford Park Land Trust PO Box 185 Colleyville TX 76034 6501 PLEASANT RUN RD
Campbell, John Kenyan 6508 Pleasant Run Rd Colleyville TX 76034 6508 PLEASANT RUN RD
Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 1000 TINKER RD
Williky, Gary S Etux Nancy A 1312 Tinker Rd Colleyville TX 76034 1312 TINKER RD
Dotti, Michael W Etux Nancy E 1310 Tinker Rd Colleyville TX 76034 1310 TINKER RD
Stricklin, Reagan Etux Jennife 6504 Pleasant Run Rd Colleyville TX 76034 6504 PLEASANT RUN RD
Gonzales, Eliel W 6500 Pleasant Run Rd Colleyville TX 76034 6500 PLEASANT RUN RD
Oncor Electric Delivery Co Llc PO Box 219071 Dallas TX 75221 6413 PLEASANT RUN RD
Dagnan-Bargy, Jennifer Etvir T 6401 Cutter Ridge Ct Colleyville TX 76034 6401 CUTTER RIDGE CT
Alcantara, Felix P & Amy E 6403 Cutter Ridge Ct Colleyville TX 76034 6403 CUTTER RIDGE CT
Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville TX 76034 6321 PLEASANT RUN RD
McKinney, Stacy 6409 Pleasant Run Rd Colleyville TX 76034 6409 PLEASANT RUN RD
Powell, Ted B Etux Elda Laura 6400 Cutter Ridge Ct Colleyville TX 76034 6400 CUTTER RIDGE CT
Xaris Investments Ltd 1310 Tinker Rd Colleyville TX 76034 1304 TINKER RD
Cnc Custom Homes Inc 4509 Stafford Dr Colleyville TX 76034 6405 PLEASANT RUN RD
Miller, Sandra G 6313 Pleasant Run Rd Colleyville TX 76034 6313 PLEASANT RUN RD
Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville TX 76034 6317 PLEASANT RUN RD
Jenkins, Gary D Etux Barbara 1212 Tinker Rd Colleyville TX 76034 1212 TINKER RD
Colleyville TX 1204 TINKER RD
Davis, Gary D Etux Mary Ann 6400 Pleasant Run Rd Colleyville TX 76034 6400 PLEASANT RUN RD
Baier, Dale E Etux Maryanna 1410 Tinker Rd Colleyville TX 76034 1400 TINKER RD
Davis, Ullin D Etux Patricia 6316 Pleasant Run Rd Colleyville TX 76034 6316 PLEASANT RUN RD
Ostman, Neal Etux Janis N 1104 Tinker Rd Colleyville TX 76034 1104 TINKER RD
Dotti, Michael & Nancy E 1310 Tinker Rd Colleyville TX 76034 1308 TINKER RD
Turpentine, George A 1100 Tinker Rd Colleyville TX 76034 1100 TINKER RD
Flowers, Keith 1012 Tinker Rd Colleyville TX 76034 1012 TINKER RD
Usrey, Gerald L 1008 Tinker Rd Colleyville TX 76034 1008 TINKER RD
Baier, Dale E 1410 Tinker Rd Colleyville TX 76034 1410 TINKER RD
Miller, Judith A PO Box 879 Colleyville TX 76034 1412 TINKER RD
Spann, Teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 6301 KINGSTON DR
Wood, Rosy Martinez 6300 Kingston Colleyville TX 76034 6300 KINGSTON DR
Jennings, Jeff L & N J Jacobi 6301 Ponderosa Ln Colleyville TX 76034 6301 PONDEROSA LN
Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 908 TINKER RD
Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 904 TINKER RD
Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 900 TINKER RD
Bufe, Robert Etux Martha 1509 Tinker Rd Colleyville TX 76034 1509 TINKER RD
Lewis, Mary Belinda 7004 Rosebrook Colleyville TX 76034 1201 TINKER RD
Pecan Tinker Lp 901 John McCain Rd Colleyville TX 76034 6230 COLLEYVILLE BLVD
Bolton, Jonathon Etux Carol 105 Williamsburg Ct Colleyville TX 76034 1109 TINKER RD
Cannedy, Jack D Etux Sue 1313 Tinker Rd Colleyville TX 76034 1313 TINKER RD
Roach, John F Etux Debra G 1315 Tinker Rd Colleyville TX 76034 1315 TINKER RD
Forbes, Warren Dale 1317 Tinker Rd Colleyville TX 76034 1317 TINKER RD
Richards, Leslie E Jr Etux B L 1401 Tinker Rd Colleyville TX 76034 1401 TINKER RD
De Berard, Lawrence L & Linda 6210 Ponderosa St Colleyville TX 76034 6210 PONDEROSA ST
Fairlamb, Richard C Etux S 6209 Ponderosa St Colleyville TX 76034 6209 PONDEROSA ST
Payne, Janice L 6033 Deborah Ln Watauga TX 76148 1105 TINKER RD
Nunn, Kenneth E Jr 1101 Tinker Rd Colleyville TX 76034 1101 TINKER RD
Vigil, Stephen L Etux Theresa 1011 Tinker Rd Colleyville TX 76034 1011 TINKER RD
Agler, Wesley & Teresa 1009 Tinker Rd Colleyville TX 76034 1009 TINKER RD
Mikhail, Emad & Suzette 4100 Bridlewood Ct Colleyville TX 76034 1005 TINKER RD
Decavitte, Dean Etux Michelle 420 Stockton Dr Southlake TX 76092 911 TINKER RD
Rice, Robert R Etux Carolyn K 1305 Tinker Rd Colleyville TX 76034 1305 TINKER RD
Goodale, Steven E Etux Lynette 1209 Tinker Rd Colleyville TX 76034 1209 TINKER RD
Finkley,William Etux Elizabeth 1213 Tinker Rd Colleyville TX 76034 1213 TINKER RD
Westbrook, Sandi & Chas Gorena 909 Tinker Rd Colleyville TX 76034 909 TINKER RD
Vencill, Robert Etux Shirley 6215 Pleasant Run Rd Colleyville TX 76034 6215 PLEASANT RUN RD
Kralich, Jeff Etux Sue 1309 Tinker Rd Colleyville TX 76034 1309 TINKER RD
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ORDINANCE 0-10-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. ZC10-003; 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 0-10-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 2.1 acres
as shown on Exhibit "C".
3. Phasing of Drilling and Production Activities
Ordinance 0-10-xxxx
Page 3 of 7
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, or completion, process.
No more than 14 gas wells shall be permitted as part of this permit. This
phase shall be completed no later than five years from the date of
approval of this ordinance. If any additional drilling is proposed beyond
the five year, re-authorization from the City Council will be required.
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 plan. This phase may repeated as necessary.
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.
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 160 feet in height.
c. A 1.36 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. In lieu of installation, funds equaling the cost of
installation may be placed into escrow for future installation.
5. Production
a. The production pad shall contain no more than 14 water storage tanks.
The tanks shall be no larger than 16 feet in diameter and eight (8) feet in
Ordinance 0-10-xxxx
Page 4 of 7
height. The production site shall generally be laid out per Exhibit "C".
6. Access and Transportation
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 exiting the site shall
follow the route to the site in reverse.
b. During drilling operations there shall be no more than 35 truckloads over
a three-day period between the hours of 7:00 a.m. and 7:00 p.m. with an
average of 1.5 trucks per hour for both move-in and move-out.
Otherwise, there shall be no more than ten personal vehicles entering
and leaving the site for 10 workers on a daily basis.
c. During the fracturing (completion) process, there shall be no more than
20 truckloads per day over a maximum 11-day period between the hours
of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour.
d. During the production phase, there shall be no more than 0.5 trucks per
day per well.
e. 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.
The access road to the well site shall be composed of an all-weather, 25
foot wide, concrete surface. There shall be adequate space provided for
emergency vehicles to turnaround on the pad site at all times. The
turnaround dimensions shall meet the minimum requirements of the
Land Development Code.
g. The gate for the site shall be composed of decorative wrought iron and
shall be located 85 feet back from Pleasant Run Road. At a minimum
the gate shall meet the minimum requirements for gates in Chapter 14-
Engineering Design of the Land Development Code.
7. Noise Mitigation
a. During the drilling and fracturing phase, in order to reduce noise, the
applicant shall install a minimum 16-foot high, industry-standard noise
buffering blanket capable of absorbing sound to ensure effective noise
mitigation and screening for the immediate area. Additionally, sound
mufflers shall be placed on all motorized equipment.
Ordinance 0-10-xxxx
Page 5 of 7
8. Screening and Fencing
a. A minimum six (6) foot security fence meeting the minimum
requirements of the Land Development Code shall be installed around
the entire drill site perimeter during the initial drilling phase.
b. A minimum eight (8) foot masonry wall, designed and intended to screen
the entire view of any production equipment, shall be installed around
the entire pad site prior to any gas well production on the pad site.
9. Landscaping
a. All landscaping shall be installed as shown and described in the
attached Exhibit "D" prior to the commencement of any well production.
10. Lighting
a. All site lighting shall illuminate onto the site and shall not directly
illuminate onto any surrounding properties or onto the property owner's
residence. Drilling rig lighting shall not be a nuisance and shall
illuminate at the minimum level of lighting allowed by the State of Texas
for drilling rigs.
11. Environmental Impact
a. All erosion control shall, at a minimum, meet the erosion control plan
attached as Exhibit "E". Additionally, all stormwater run-off from the pad
site shall contain no pollutants. There shall, at a minimum, be spill
berms and containment rings surrounding all drilling and production
equipment in order to mitigate point-source pollution from all surrounding
watersheds.
b. During the fracturing (completion) phase of drilling, the operator shall
utilize environmentally friendly methods that act to recover natural gas
through the use of permanent dehydrators and meter and flow the gas
directly into a pipeline, rather than venting or flaring.
c. In order to insure compliance with all state and federal air quality
standards an independent, third-party air quality inspection company
shall perform periodic air-quality inspections, including measurements of
airborne volatile organic compounds, at the site area during all phases
of drilling and production operations. The determination of
measurement points, compounds to be measured, the frequency of
inspections, threshold limits, as well as baseline measurements of pre-
Ordinance 0-10-xxxx
Page 6 of 7
drilling ambient air quality shall be performed by the inspection
company. The company shall be chosen and contracted by the City of
Colleyville. The gas well operator shall reimburse the City of Colleyville
for said contracted services upon receipt of invoice from the City of
Colleyville. At a minimum, in the event that a measurement exceeds an
established threshold, the appropriate state and/or federal air-quality
enforcement agency shall be notified of the measurement within 24
hours of the observation.
d. 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.
e. There shall be no mud or dirt laid
activity authorized by this SUP.
removed from streets immediately.
upon any City street as a result of the
Any mud or dirt created shall be
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 390 feet from closest well head.
c. Except for electric power generators, all drilling rigs authorized by this
SUP shall be powered by electricity.
d. Upon completion of all drilling activities, while the gas well is in
production, there shall be no buildings constructed for the purpose of
human habitation or occupation within 300 feet of any production
equipment including any tanks. This requirement shall not pre-empt any
requirement set forth in the Land Development Code.
Ordinance 0-10-xxxx
Page 7 of 7
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.
The first reading and public hearing being conducted on the
2009.
The second reading and public hearing being conducted on the
2009.
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 -Zoning and Location Map
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Exhibit B -Legal Description
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Exhibit B -Legal Description (cont.)
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Exhibit B -Legal Description (cont.)
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Exhibit C -Site Plan
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