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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/14/2010City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com ~~.~„ ~,, ~=-- =- Meeting Agenda Monday, June 14, 2010 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville 100 Main Street ~ ~ Colleyville, Texas 76034 ~~ 7'~_ -~ Meeting Agenda 817.503.1000 ,,.,,,, www.colleyville.com Planning and Zoning Commission Monday, June 14, 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, Section 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 Clardy 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES May 24, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 City of Colleyville Page 1 Printed on 6/10/2010 Planning and Zoning Commission Meeting Agenda June 14, 2010 7b Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC10-010 8. TABLED 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 9. ApJOURNMENT I hereb~ertify the abo~ agenda was posted on the bulletin boards at City Hall on Friday, June 11, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 6/10/2010 City of Colleyville city Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. colle yville. com x`_14?' i~1 j~,, ~: Minutes -Draft Monday, May 24, 2010 6:15 PM City Council Chambers Planning and Zoning Commission ";,~~; City of Colleyville ~~~°~~~' ~~ Minutes -Draft Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww. col l eyvi l le. com Monday, May 24, 2010 6:15 PM City Council Chambers The pre-session began at 6:24 p.m. and ended at 6:28 p.m. LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS AND DISCUSSION OF PREVIOUS MEETING MINUTES Discussion occurred between Ron Ruthven and the Planning and Zoning Commissioners regarding the items on the agenda. 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 City Attorney Michael Kallas explained that the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal. He further explained that there would be no decisions made or actions taken during this time. The meeting was recessed at 6:28 p.m. and reconvened at 7:00 p.m. 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 24, 2010 by 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Ron Rotthaus, David Phelps and Jeff Byerly Absent: Commissioner Michael Clardy Staff Present: Ron Ruthven, Jeremy Hutt and Amy Shelley City of Colleyville Page 1 Printed on 6/10/2010 Planning and Zoning Commission Minutes -Draft May 24, 2010 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the May 10, 2010 meeting minutes with the addition of adding language to the minutes referring to the fact that the Commissioners moved item 8a to be discussed last. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Rotthaus, Phelps, Byerly Absent: 1 -Clardy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 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 Commissioner Phelps recused himself from this agenda item and signed an affidavit. Commissioner Knox moved to remove case ZC10-008 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Excused: 1 -Phelps Ron Ruthven presented the case and briefed the Commissioners. Mariana Ruiz, the applicant, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mrs. Ruiz regarding what type of license is required to operate this private school. Mrs. Ruiz replied they will be licensed by the State of Texas just as a daycare would be licensed. City of Colleyville Page 2 Printed on 6/10/2010 Planning and Zoning Commission Minutes -Draft May 24, 2010 Commissioner Dudziak questioned Mrs. Ruiz regarding if the hours of operation of Monday through Friday, from 9:00 a.m. to 2:00 p.m. with the possibility of an extended program until 6:00 p.m. is sufficient for this school; he further questioned Mrs. Ruiz if she would like to add Saturdays. Mrs. Ruiz stated the hours as stated are sufficient since they do not anticipate needing school on Saturdays. Commissioner Redfearn questioned staff regarding if the school were to have a carnival on the weekend, would it be permitted since the hours of operation are Monday through Friday, 9:00 a.m. to 2:00 p.m. Ron Ruthven stated technically no, they would not be in compliance because it would take place beyond the hours of operation for the school. He further stated they would have to request a temporary use permit for the event. Commissioner Redfearn moved to approve case ZC10-008. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 5 -Knox, Dudziak, Redfearn, Rotthaus, Byerly Absent: 1 -Clardy Abstain: 1 -Phelps 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 This item remained on the table with no discussion. 8. ADJOURNMENT The meeting adjourned at 7:15 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 21, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 3 Printed on 6/10/2010 City of Colleyville 100 Main Street @~~ i9i a . Colleyville, Texas 76034 '.,:~- Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Case Agenda Date: 06/14/2010 Agenda No.: 7a Status: Commission Public Hearings Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Floor Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 06/14/2010 Planning and Zoning Commission Title Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 1A, Block 1 of the Walgreen Plaza Addition located at 3830 Glade Road, Case ZC10-009 Explanation Karen Thiessen, on behalf of Walgreen Company, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Walgreen facility located at 3830 Glade Road. Zoning. The property is zoned in the CC1-Village Retail zoning district. Sales of beer and wine for off-premise consumption are allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. Walgreens is a retail store that sells mostly prescription drugs, over the counter medicines and miscellaneous retail merchandise. This location consists of a 13,905 square foot retail building. The store hours of operation are Monday through Sunday, 8 a.m. to 10 p.m. The owner has submitted a site plan and floor plan depicting the location of the beer and wine sales in the existing building. Staff has not added the hours of operation or the floor plan to the draft ordinance. City of Colleyville Page 1 Printed on 6/9/2010 Agenda Briefing Continued On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The properties to the north are zoned PUDR-Planned Unit Development Residential and are developed as the Heritage Oaks Addition. The properties to the south are zoned PUDR-Planned Unit Development Residential and are undeveloped. The properties to the east are zoned CC2-Shopping Center and are developed as office and retail uses. The properties to the west are zoned PUDR-Planned Unit Development Residential and are developed as the Copperglen Addition. Public Notification. Staff mailed notices to 23 property owners within 500 feet of the subject property 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 to this request. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 2 Printed on 6/9/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5040 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5036 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5032 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5053 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5057 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5052 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5013 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5065 Copper len Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5060 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5009 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5064 Copperglen Cir 3798 Glade Investment Ltd 704 Kent Ct Southlake TX 76092 5005 Copper len Cir Braceville Llc 2501 Kensington PI Colleyville TX 76034 5001 Heritage Ave Burton, Martha Est PO Box 100609 Fort Worth TX 76185 3805 Glade Rd Burton, Martha Estate PO Box 100609 Fort Worth TX 76185 3809 Glade Rd Colle ville Assoc Herita a Oak 545 E John Carpenter Fwy #1500 Irvin TX 75062 5260 Herita a Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 3741 Shumard Oak Ln Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 5008 Heritage Oaks Dr Colleyville Assoc Heritage Oak 545 E John Carpenter Fwy #1500 Irving TX 75062 5030 Heritage Oaks Dr Copper len Hoa Inc 2825 Exchan a Blvd Ste 106 Southlake TX 76092 5044 Copper len Cir Copperglen Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5017 Copperglen Cir Copperglen Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5069 Copperglen Cir Copperglen Hoa Inc 2825 Exchange Blvd Ste 106 Southlake TX 76092 5001 Copperglen Cir G Points Sc Ltd, 101 1St Ste 476 Los Altos CA 94022 3930 Glade Rd Gateway Interests Llc 4001 Gateway Dr Ste 100 Colleyville TX 76034 4001 Gateway Dr Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 5101 Heritage Ave Greenway Glade Partners Lp 3900 Glade Rd Colleyville TX 76034 3900 Glade Rd Harrin ton, Samuel M PO Box 150069 Dallas TX 75315 4908 Herita a Ave Harrington, Samuel Mason 2760 Fuller Wiser Rd Euless TX 76039 3829 Glade Rd Jeans, Courtney Etux Wanda V 2500 State Highway 121 Euless TX 76039 5049 Copperglen Cir Jenrol Llc 5110 Heritage Ave Colleyville TX 76034 5201 Heritage Ave Mdc-Herita a Oaks Estates Ltd 545 E John Carpenter Fwy Irvin TX 75062 3937 Black'ack Oak Dr Mdc-Heritage Oaks Estates Ltd 545 E John Carpenter Fwy Irving TX 75062 5050 Heritage Ave Pe , Randy G Etux Carol S 176 County Road 4680 Boyd TX 76023 4900 Heritage Ave Rcc Heritage Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5025 Heritage Ave Rcc Herita a Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5009 Herita a Ave Rcc Heritage Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5021 Heritage Ave Rcc Heritage Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5017 Heritage Ave Rcc Heritage Glade Ltd 99 Main St Ste 200 Colleyville TX 76034 5013 Heritage Ave Rol'en Llc 5110 Herita a Ave Colle ville TX 76034 5110 Herita a Ave Saint Mary's Romanian Orth Ch 3801 Glade Rd Colleyville TX 76034 3801 Glade Rd Scott, Larry P & Laurie A Llc 1915 Yorkshire Ct Lincoln NE 68506 3830 Glade Rd Somerset Custom Homes Ltd PO Box 92984 Southlake TX 76092 5061 Copperglen Cir Somerset Custom Homes Ltd PO Box 92984 Southlake TX 76092 5056 Copper len Cir Taitz Investments I Llc 10106 Empyrean Way Apt 301 Los Angeles CA 90067 3908 Glade Rd Wlo Enterprises Inc 5005 Heritage Ave Ste 100 Colleyville TX 76034 5005 Heritage Ave Karen Thiessen, applicant 1601 Elm St. Dallas TX 75201 applicant, Walgreens Public hearing notices were mailed on June 1, 2010 by Amy Shelley. Statement of Planning Objectives GQRDERE attorneys and counselors www.gardere.com Karen Thiessen Direct Number (214) 999-4763 Facsiihile (214) 999-3763 kthiess en@gardere. com May 5, 2010 BYLONESTAR OVERNIGHT Attn: Amy Shelley City of Colleyville Community Development Dept. 100 Main St. Colleyville, TX 76034 (817) 503-1050 Re: Walgreen Co. Application .Information for Specific Use Permit for Sale of Beer and Wine for Off-Premises Consumption Only at Walgreens #04634 Mrs. Shelley: I represent Walgreen Co., as the applicant's representative, in its application for a special use permit ("SUP") from the City of Colleyville to allow for the sale of beer & wine sales (for off-premise consumption only} at the business of Walgreens #04634, located at 3830 Glade Rd., Colleyville, Texas 76034 (the "Store"). This letter should accompany the application attached hereto and is meant to act as a statement of planning objectives. Should you have any questions or require further information or explanation regarding anything found herein, please do not hesitate to contact me at (241) 999-4763 or via email at kthiessen@gardere.com or my colleagues, Dewey Brackin, at (512) 542- 7025 or via email at dbrackin@gardere.com and Marcus Schwartz, at (512) 542-7012 or via email at mschwartz@gardere.com. STATEMENT OF PLANNING OBJECTIVES Walgreen Company ("Walgreen Co.") has operated this location in Colleyville for a number of years. Recently, Walgreen Co., the owner of this Walgreens business, has begun obtaining Texas Alcoholic Beverage Commission ("TABC") licenses and/or AUSTIN 38492v.1 GARDERE WYNNE SEWELL LLP ^ Phone (512)542-7000 ^ Fax (5{2)542-7200 Austin ^ Dallas ^ Houston ^ Mexico City ,. Walgreens #4634 SUP Request Statement of Planning Objectives Page 2 permits for the sale of beer and/or wine for off-premise consumption throughout the State of Texas. As of today, Walgreens has obtained over 500 TABC licenses and/or permits. In obtaining these permits, Walgreen Co. has shown itself to be in compliance with municipal, county, and state laws regarding licensing, permitting, and the continued operation of its businesses. With the granting of a SUP and certification of the Walgreen Co. TABC application by the City of Colleyville for this location, Walgreen Co. will continue to uphold its high standards and maintain compliance with all applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as well as all ordinances and rules of the City of Colleyville. Walgreen Co. is a socially responsible corporate citizen of Colleyville and all the other communities it calls home. Its stores are committed to continuing with its great efforts in community outreach. For example last fiscal year, Walgreen Co. provided over $20 million worth of product to the nation's largest network of food banks, it provided more than a million free health screenings last year, and continues to support a variety of health care and education-related organizations. In seeking this SUP, Walgreen Co. is simply seeking to add an additional product to the wide variety it already offers to its customers. Furthermore, great care will be extended to ensure the proper and lawful sale of beer and wine should the SUP be granted. This Walgreens is currently located within a block of Sushi Nikko, located at 3930 Glade Rd., which sells mixed drinks and beer and wine for on-premise consumption. At 4000 Glade Road, just two blocks away, Good Spirits LLC #4270 operates a business that sells beer and wine for off-premise consumption. Additionally, four blocks away is Hall's Grocery, which is permitted for beer and wine for off-premise consumption and within a third of a mile are two restaurants, Mac's Steaks & Seafood and Rio Mambo, both of which are permitted for the sales of mixed drinks and beer and wine for on-premise consumption. An additional seller of beer and wine in the area, especially considering this proposed seller does not aim to make a large percentage of its gross receipts from the sale of alcohol as a neighborhood drug store, would not be detrimental to the public health, safety, and/or welfare of the citizens of Colleyville. The introduction of beer and wine sales for off-premise consumption will not change the actual use of the premises. The Store will still be a retail establishment that is primarily a neighborhood drug store. Alcohol sales will not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Walgreen Co. designs its stores to be consumer friendly. Customers would still be able to pick out their desired products, whether this includes wine and beer or not, pay for this merchandise, and exit the store quickly. As beer and wine sales are for off-premise consumption only, overcrowding should not be an issue. Furthermore, as mentioned above, there are several establishments that sell alcohol for on-premise consumption within the immediate vicinity. Thus, a consumer wishing to purchase beer or wine may pick any of these establishments to purchase their product. As a result, a substantial increase in traffic congestion or the overcrowding of the establishment or immediately surrounding area is not likely to occur. AUSTM 38492v.1 Walgreens #4634 SUP Request Statement of Planning Objectives Page 3 Walgreen Co. is committed to providing for the safety and well being of its customers. It is believed that since this SUP is desired for off-premise consumption, the likelihood of incidents involving drunkenness, disorderly conduct and raucous behavior is greatly reduced and will likely be non-existent. Furthermore, Walgreens, as a dispenser of both prescription and over-the-counter drugs, is experienced in providing appropriate control over its establishment for the benefit of all its customers. This Walgreens will likewise continue to run a safe, sanitary, and welcoming business for the citizens of Colleyville if the requested SUP is awarded. The Store will not produce excessive noise, dirt, litter and odors in the establishment and in the surrounding area. In fact, the introduction of beer and wine for off-premise consumption sales should not be expected to change much of anything in relation to how the store currently operates. As such, no disturbances to surrounding property owners or the community at large should occur and compliance with all applicable city ordinances and state laws will be followed. X Sincerely, ~°• - Karen Thiessen AUSTIN 38492v.1 ~ ~ Sitg~Plan ~ ~ _~~ _ _ _-- ,_ - -_ - -;n _ _ `° - es. - _ - ;f _ _ - __ _ _ _ _ J _ _ _y ~ ~` J I~ ~~ ,~ _ \.r z ,. 7~:~ m~. _ ~ .- ,- ~ g 1 ~, ~ ~ ~ ~~ ~ of al M1 ~ <#~-- -----'ems '~~ t-..-~ /. ;i .~ o r - ~~~, `~ ms I ;~ ~ ~ , a` 7~- ~ \ ~ ~i a -~-', -zj~ ~ - '~ lam- ~~~ f ~~~. ~ \.~'1~y\ ~ 1 v t~ 3 tips Rx ~ 9n. m ~ `, i '~ ? ~ ~ ~~ __~ ~ `f. 1 °~~'~ -+__ -ter _. A 1 \ l__. ^ ~ ?.. ~h `<^ akR I L~ J, '~~,,}~ 's s'a ~ \ ~ I m ~ ~ r _ ; -- - K~~ ~ ~ - ~,_ ~ ..~ __ i. _ _,,_ , I ac-' #5 '~ "T i~- '~ __ `+-J l_ -~._~_~~ Lam! ~l __~__~~ ~ x` i -_ ~ m _` ~~~ rF ~~~ -T ~ II ~~ ~:._ ~^--~ ~ mss-~_ (? t--, \ I I ,. ~ h ,g,, i 5. ~ e ~ 1 -- - _~. 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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 WALGREEN PLAZA ADDITION LOCATED AT 3830 GLADE ROAD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF- PREMISE CONSUMPTION; 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. ZC10-009; 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 amended by amending the official zoning map by authorizing a Special Use Permit for the sale of beer and wine for off-premise consumption on Lot 1A, Block 1, of the Walgreen Plaza Addition located at 3830 Glade Road, as depicted on Exhibit "A" and Exhibit «B„ Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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 beer and wine sales for the purpose of off-premise consumption as depicted in Exhibit "B" of the existing 13,905 square foot building, on the subject property. b. 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. c. 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 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 Ordinance 0-10-xxxx Page 3 of 3 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan ~~ r .'G~4i.~t't5 \ ' ' q i~ .~ y3 .LL ~: P ~.. c a 11 V t .. r y ~ .acxv -- i~ i V p b L I ~..li~ Mme.. ~ dl 1 r- ~ ,. ` . t lr, - ~ £ y wu t , ~ \\`, ~ ~_; i ~ _~ ~ _ _ ~~ . .~ ..., .. ... 1 ~ , ~ ~ i, ~ ._ A _.__ ~ .a , t ~o: .. ~;.~~ .. _ ~` ~~ I ] "~. n ~ ~ tJ ' ~ ~J s ~ ~~ ' ~ ~ ~ ua a ~ r ' i~ :~ ' I: ~1~ ~~ ~ ~ ~I ~~~ ~ l ... ,; .W . ~.~ ~. .,. ~: / . ~ ~ -i r ~E ~ /yj \` 4 ~ ~ r - j .ey O F !'y1 C , a ._ n . ~ ' ' ._~ o a Irr It.'f ~ >,,~1? ~~ l..,~, 1 e ~ ~ i i . ~ ~ ~ ~ t ~ r r.: r: is . - ~ ` i a , ~ ~ ~ ~. o .. ~.i; - _ ,. ~ ~ . ~ ~ ~ r ... - } ,. i ,, ~ "~ 22 - j r " : ty ~;~1 1 w. ~ i ` ~ , , 1 - ~ ~~,19~ ~r, ... ~ ,. ~ ~-1 ., ~_, y;. ... 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City of Colleyville ~~ , City Hall 100 Main Street ~ ~ Colleyville, Texas 76034 -~~~" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 06/14/2010 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC 10-010 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Floor Plan Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/14/2010 Planning and Zoning Commission Title Approval of request for Special Use Permit for off-premise beer and wine sales on Lot 2R1, Block 1 of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, Case ZC10-010 Explanation Karen Thiessen, on behalf of Walgreen Company, submitted a Special Use Permit (SUP) application to allow beer and wine sales for off-premise consumption in the Walgreen facility located at 4403 Colleyville Boulevard. Zoning. The property is zoned in the CC2-Shopping Center zoning district. Sales of beer and wine for off-premise consumption are allowed in this zoning district with the approval of an SUP. Off-Premise Consumption. The applicant is requesting to sell alcoholic beverages that include beer and wine. Liquor sales would not be permitted. Walgreens is a retail store that sells mostly prescription drugs, over the counter medicines and miscellaneous retail merchandise. This location consists of a 13,905 square foot retail building. The store hours of operation are Monday through Sunday, 8 a.m. to 10 p.m. The owner has submitted a site plan and floor plan depicting the location of the beer and wine sales in the existing building. City of Colleyville Page 1 Printed on 6/9/2010 Agenda Briefing Continued Staff has not added the hours of operation or the floor plan to the draft ordinance. On-Premise Consumption. On-premise consumption of beer and wine would not be permitted on the property and is prohibited by state law. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville Code of Ordinances requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Master Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The properties to the north are zoned CC1-Village Retail and are developed as various retail uses as well as medical office uses. The property to the south is zoned CC2-Shopping Center and is utilized as a soccer field. The properties to the east are zoned PUDR-Planned Unit Development Residential and are developed as the Tiffany Park Addition. The properties to the west are zoned CC2-Shopping Center and are developed as retail uses. Public Notification. Staff mailed notices to 24 property owners within 500 feet of the subject property 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 to this request. Summary. The proposed SUP would authorize the sale of beer and wine for off-premise consumption but would not permit sales of beer and wine for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 2 Printed on 6/9/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville, City Of 100 Main St Colleyville TX 76034 Mill Wood Dr Bransford Parkland Trust 5400 Bransford Rd Colleyville TX 76034 4516 Colleyville Blvd Bransford Park Land Trust PO Box 185 Colleyville TX 76034 Colleyville Blvd Reef Properties Inc 179 N Plano Rd # B Richardson TX 75081 4508 Colle ville Blvd Retail Buildings Inc 3000 NE 63Rd St Oklahoma City OK 73121 4500 Colleyville Blvd M L Us Holdings Ltd & C Hepfer 17130 Dallas Pkwy Ste 240 Dallas TX 75248 4521 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 Mill Valley Dr Vcc J&M Corporation 4409 Colle ville Blvd Colle ville TX 76034 4409 Colle ville Blvd Nedocs Llc 4114 Steeplechase Dr Colleyville TX 76034 4301 Brown Tr Johnson, Randal D Etux Doreen 215 Mill Valley Dr Colleyville TX 76034 219 Mill Valley Dr Eskander Colleyville Llc 4405 Colleyville Blvd Colleyville TX 76034 4405 Colleyville Blvd 4408 Colle ville Blvd Land Tr 4408 Colle ville Blvd Colleyville TX 76034 4408 Colle ville Blvd Rudel, Chandi Lynn 112 Montreal Dr Hurst TX 76054 4400 Colleyville Blvd Bryn Mawr Partnershiip, The 16284 Deer Trail Ct San Diego CA 92127 4403 Colleyville Blvd Wishard, Bruce & Della 437 Carrillo St Santa Rosa CA 95401 4109 Brown Tr First Assembl Of God Ch Inc PO Box 98 Colle ville TX 76034 4401 Colle ville Blvd Wishard, Bruce & Dalla 437 Carrillo St Santa Rosa CA 95401 4109 Brown Tr Tiffany Park Ha Inc 400 Country PI Colleyville TX 76034 4320 Tiffany Park Ln First Assembly Of God Ch Inc PO Box 98 Colleyville TX 76034 4309 Colleyville Blvd Allen, Clarence Etux Elizabeth 4316 Tiffany Park Ln Colle ville TX 76034 4316 Tiffany Park Ln Ashqeen, Muhammad 4312 Tiffany Park Ln Colleyville TX 76034 4312 Tiffany Park Ln Chernoff, Alan Scott 400 Waterford Ln Colleyville TX 76034 400 Waterford Ln White, Dovee Jo Tr 4308 Tiffany Park Ln Colleyville TX 76034 4308 Tiffany Park Ln Rasmusson, Rick Etux Jan 1264 Harwood Rd Ste 200 Bedford TX 76021 404 Waterford Ln Ryan, Tami C 4304 Tiffany Park Ln Colleyville TX 76034 4304 Tiffany Park Ln McCutchon, Helen 401 Waterford Ln Colleyville TX 76034 401 Waterford Ln Johnson, Johnny W Etux Linda 408 Waterford Ln Colleyville TX 76034 408 Waterford Ln Meaux, Duane E & Judy A Tr 405 Waterford Ln Colle ville TX 76034 405 Waterford Ln Marsicano, James D Etux Nancy 409 Waterford Ln Colleyville TX 76034 409 Waterford Ln Karen Thiessen, applicant 1601 Elm St. Dallas TX 75201 applicant, Walgreens Public hearing notices were mailed on June 1, 2010 by Amy Shelley. Statement of Planning Objectives GARdERE attorneys and counselors ^ www.gardere.com Karen Thiessen Direct Number (214) 999-47G3 Facsimile (214) 999-37G3 kthicssen@gardere.com May 5, 2010 BYLONESTAR OVERNIGHT Attn: Amy Shelley City of Colleyville Community Development Dept. 100 Main St. Colleyville, TX 76034 (817) 503-1050 Re: Walgreen Co. Application Information for Specifrc Use Permit for Sale of Beer and Wine for Off-Premises Consumption Only at Walgreens #04085 Mrs. Shelley: I represent Walgreen Co., as the applicant's representative, in its application for a special use pern~it ("SUP") from the City of Colleyville to allow for the sale of beer & wine sales (for off-premise consumption only) at the business of Walgreens #04085, located at 4403 Colleyville Blvd., Colleyville, Texas 76034 (the "Store"). This letter should accompany the application attached hereto and is meant to act as a statement of planning objectives. Should you have any questions or require further information or explanation regarding anything found herein, please do not hesitate to contact me at (241) 999-4763 or via email at kthiessen@gardere.com or my colleagues, Dewey Brackin, at (512) 542- 7025 or via email at dbrac.kin@gardere.com and Marcus Schwartz, at (512) 542-7012 or via email at mschwartz@gardere.com. STATEMENT OF PLANNING OBJECTIVES Walgreen Company ("Walgreen Co.") has operated this location in Colleyville for a number of years. Recently, Walgreen Co., the owner of this Walgreens business, has begun obtaining Texas Alcoholic Beverage Commission ("TABC") licenses and/or AUSTPV 38481v.1 GARDERE WYNNE SEWELL LLP ^ Phone (512)542-7000 ^ Pax (512) 542-7200 Austin ^ Dallas ^ Houston ^ Mexico City Walgreens #4085 SUP Request Statement of Planning Objectives Page 2 permits for the sale of beer and/or wine for off-premise consumption throughout the State of Texas. As of today, Walgreens has obtained over 500 TABC licenses and/or permits. In obtaining these permits, Walgreen Co. has shown itself to be in compliance with municipal, county, and state laws regarding licensing, permitting, and the continued operation of its businesses. With the granting of a SUP and certification of the Walgreen Co. TABC application by the City of Colleyville for this location, Walgreen Co. will continue to uphold its high standards and maintain compliance with all applicable licensing and permit provisions of the Texas Alcoholic Beverage Code, as well as all ordinances and rules of the City of Colleyville. Walgreen Co. is a socially responsible corporate citizen of Colleyville and all the other communities it calls home. Its stores are committed to continuing with its great efforts in community outreach. For example last fiscal year, Walgreen Co. provided over $20 million worth of product to the nation's largest network of food banks, it provided more than a million free health screenings last year, and continues to support a variety of health care and education-related organizations. In seeking this SUP, Walgreen Co. is simply seeking to add an additional product to the wide variety it already offers to its customers. Furthermore, great care will be extended to ensure the proper and lawful sale of beer and wine should the SUP be granted. This Walgreens is currently located next door to Colleyville Fine Wine, located at 4405 Colleyville Blvd., a business that sells wine and beer for off-premise consumption. Within three blocks of the Store, the Colleyville Texaco, located at 4612 Colleyville Blvd., sells beer and wine for off-premise consumption and the Pacific House Chinese Cuisine restaurant, Located at 4714 Colleyville Blvd., sells mixed drinks and beer and wine for on-premise consumption. An additional seller of beer and wine in the area, especially considering this proposed seller does not aim to make a large percentage of its gross receipts from the sale of alcohol as a neighborhood drug store, would not be detrimental to the public health, safety, and/or welfare ofthe citizens of Colleyville. The introduction of beer and wine sales for off-premise consumption will not change the actual use of the premises. The Store will still be a retail establishment that is primarily a neighborhood drug store. Alcohol sales will not substantially increase traffic congestion or create overcrowding in the establishment or in the immediately surrounding area. Walgreen Co. designs its stores to be consumer friendly. Customers would still be able to pick out their desired products, whether this includes wine and beer or not, pay for this merchandise, and exit the store quickly. As beer and wine sales are for off-premise consumption only, overcrowding should not be an issue. Furthermore, as mentioned above, there are several establishments that sell alcohol within the immediate vicinity. Thus, a consumer wishing to purchase beer or wine may pick any of these establishments to purchase their product. As a result, a substantial increase in traffic congestion or the overcrowding of the establishment or immediately surrounding area is not likely to occur. AUSTIN 38481v.1 Walgreens #40$5 SUP Request Statement of Planning Objectives Page 3 Walgreen Co. is committed to providing for the safety and well being of its customers. It is believed that since this SUP is desired for off-premise consumption, the likelihood of incidents involving drunkenness, disorderly conduct and raucous behavior is greatly reduced and will likely be non-existent. Furthermore, Walgreens, as a dispenser of both prescription and over-the-counter drugs, is experienced in providing appropriate control over its establishment for the benefit of all its customers. This Walgreens will likewise continue to run a safe, sanitary, and welcoming business for the citizens of Colleyville if the requested SUP is awarded. The Store will not produce excessive noise, dirt, litter and odors in the establishment and in the surrounding area. In fact, the introduction of beer and wine for off-premise consumption sales should not be expected to change much of anything in relation to how the store currently operates. As such, no disturbances to surrounding property owners or the community at large should occur and compliance with all applicable city ordinances and state laws will be followed. Sincerely, Karen Thiessen AUSTIN 38481v.] ^ ^ cn o ro r a z sl ^ ~® ~ Site Plan ~x~~ ~ ~ z~_~_ t~ ~~ y %' =~ .°~ z "~ ~ m s E c n n ~ o r d ~ z ~ m ~ ~-' ; °z w ~ Z ~ C_ b ~ f^9 M ~ o ° z ° ~ v ~ . to C~ ~ ti] g ~ m t'f AV ~ n R~ ~ R A m c 2 ~ ~ ~ ~ i O Gx - ~ o~ g 9 N S ~ > ~ ~ s .Y. m a C~ x ~ n ~ c K ~ e ~ m tmdm a ~ ~ ~~., CI] g ~ ~ ~_ ~~ ~ A [ 1 .-l m w ~ L y ~ ^ A S 9 S C :~ o°c x x ~c S ~_ ~ ~-3 ~ n a e n n n n 'O A g y ~ ~ ~ e 'A N ~ ~ S o ~AOa K z m v V] ' myy ~ ~ ~ ~ 9 H ~ ~ ~ ti ~~ y b ~~~ a ~ - _ _ i i i ~ - ------ x N I I I I ^ va~~m=~~ I' ^ ^ ^ Q ^ ^ ^ # ~ ~ , I ~i I plp, i ~ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ ^ x ~~~~~ ~~ ~~~~o~, ~I ~ ~~ ~Ti ~ ~J ~~r~~ ~.~~ 9 O g ti QrQ.g ~= ~ bd ~ I ~€ ~ ~~~i ~l ~i ~ S a STORE ¥04085 -~~~ ~~~ -,-, ~ ~.~~',. _&. ~' ~~~ ~ ~ I~~ ~ 4403 COLLEYVILLE BLVD. ~ ~_Pm~ °a°~ y ~ 0 e~'e °~ °~~~~ ~ COLLEYVILI.E, TEXAS 76034 ~ee 6 ~ Z ~~ _ -~ ^ I~I I ^ I I I I I ~ p ~ ~~ I I I°. `4 ~~ I ~ ~ I i I ~ , I I I zv I Floor Plan Brown Trail Entryway Colleyville Boulevard ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 2R1, BLOCK 1 OF THE BROWN TRAIL COMMONS WEST ADDITION LOCATED AT 4403 COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR BEER AND WINE SALES FOR OFF-PREMISE CONSUMPTION; 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. ZC10-010; 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 Ordinance 0-10-xxxx Page 2 of 3 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 the sale of beer and wine for off-premise consumption on Lot 2R1, Block 1, of the Brown Trail Commons West Addition located at 4403 Colleyville Boulevard, as depicted on Exhibit "A" and Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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 beer and wine sales for the purpose of off-premise consumption as depicted in Exhibit "B" of the existing 13,905 square foot building, on the subject property. b. 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. c. 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 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 Ordinance 0-10-xxxx Page3of3 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 "B" -Site Plan ..,__ -~,:irlEe~~'viil~'- ~3iv'tt. (S,€i. 2~~~ ~ ~- _ __~___ ~ ~_ ___ r . _.. __ ~_ _ .. .,..w _ . ... v,~~ ~~{'` ,, t K, s. _ M.r~ ; II([1j w - ,N~ 'fx, pA?~5+: ~ 3w ~_~h b' -~ .~{ rye. nET P M i' '~ ~„k - ~ ,. N ~r ~ e ~ . d ~ ~ ~ t r~ o~ __.~.--~. _ ..._. x " ~-~ '~_~,.,~„ram ~l ~ r. ~ -~....~.,,.......'~~.c,•~ ~ ,l`~ ~r. 1~..Ean.~s n.~"P# t'G -~-.=~~..T _ , _ ~ , '~+iW rn~~. ,~_i. Y ~'_~ .L ~~ r`~ I' }~R KT~C'+' ~ir~iW~un v. 5~~ ~ I ~i ,;,roc ~,,, ~ •~ Q, _ ,~+' r _. <. v ~ l ~ w .a, ._ r w ~s. p ~. _ i ' ~ ~ i e 1" ~ ~ E ,~ ~ ~ t' r....- ~ i~ N C" / f Cf Y~ J_ i A".- € ~ k r ~- k_ ~ . a ~ '1~-' -~ ~ - - __ ~ -~r_r'_ i t ~` a t M 9 d 6~iJ4f 3j~~,,,fy~~ Y +!~-L O. .:S'.~i ~ ~ .) 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( ~ {F~. ~l .( A ~ C Jd~€ ~ •r I t 1 L ., ~ L` it / ; , R ~C~ ~4 ^ fi nx~.. r~ f r$'~ ~'± Y .r ,,~~,~~ City of Colleyville 100 Mlain Street ':i:~ ~,,{~~ Colleyville, Texas 78034 ~~ ~ ~~ 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: 06/14/2010 Agenda No.: 8a 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 Monticello Lawsuit Letter Letters of Opposition Summary of Letters of Support Article Provided on June 7, 2010 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 1 06/14/2010 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 Since there will not be a quorum for this item, this item will remain tabled until the June 28, 2010 meeting. 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 City of Colleyville Page 1 Printed on 6/9/2010 Agenda Briefing Continued 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. 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 City of Colleyville Page 2 Printed on 6/9/2010 Agenda Briefing Continued 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 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. City of Colleyville Page 3 Printed on 6/9/2010 Agenda Briefing Continued 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. 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 (d B) 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. City of Colleyville Page 4 Printed on 6/9/2010 Agenda Briefing Continued 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. 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 City of Colleyville Page 5 rrmrea on amcv~u Agenda Briefing Continued 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. 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. City of Colleyville Page 6 Printed on 6/9/2010 Agenda Briefing Continued Surrounding Properties. The surrounding properties consist of residential and agricultural uses. The properties to the west are zoned PUDR-Planning Unit Development Residential and contain single family residences. Properties to the north are located in the city of Southlake and are zoned R-PUD-Planned Unit Development Residential and SF20A-Single Family Residential and are developed as single-family residences and a private park. The properties to the east are zoned AG-Agricultural and contain agricultural uses. The properties to the south are zoned AG-Agricultural and contain agricultural uses. Public Notification. Staff mailed notices to 22 adjacent property owners regarding this request. Staff also sent a courtesy notice to the City of Southlake. All property owners adjacent to the proposed transportation route were notified as well. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received 304 letters of support and a summary of those letters has been attached to this briefing. Fourteen (14) 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 City of Colleyville Page 7 Printed on 6/9/2010 Aaenda~Continued 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 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 6/9/2010 Location and Zoning Map Site AG AG AG 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 SQ Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 304 JOHN MCCAIN RD Staab, James Etux Lanese Turne 205 Madison Sq Colleyville TX 76034 205 MADISON SQ Chang, Wesley En-Tse 203 Madison Sq Colleyville TX 76034 203 MADISON SQ City of Southlake 1400 Main St. Suite 310 Southlake TX 76092 courtesy notice Chris Hammack, Tital Operating LLC 111 West Fourth St. Suite 300 Fort Worth TX 76102 applicant Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley. Signature IN RCJNQUILLO DW O G DALLAS HOUSTON _ _ _ Attorneys and Counselors A Professional Corporation Renaissance Tower 1201 Elm Street, Suite 1700 Dallas, Texas 75270-2041 SHAWN M. MCCASKILL 214.939.4400 SHAREHOLDER 800.662.8393 DIRECT DIAL: 214.939.8684 7332 Fax 214 760 DIRECT FAX: 214.527.3165 . . SMCCASK ILL(fDGODWINRONOVILLO. C OM 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 Homeowners Association, Inc. v Titan Operating, LLC Cause No.141-243271-10,141°t 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, ~,.~-- fil,~- ~2~-e..~ 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 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 May s, 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 close proximity to the neighborhood children's playground, fishing ponds, and jogging trails. Within this area, there are wildlife and nature concerns, 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 ~, ~,~~ w .~~.~.. RE~'EIVED ~~ ©7 ~~ Per ,........... From: Webmaster - Jeanna 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. Also, 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 fihe 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? Would 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 1 DO feet of any 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-Ras-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 confirrned this statement is true and is the City ready to take responsibility if this occurs? http•//earthworksaction orR/PR EPApavillionDrinkinRWater.cfm EPA Confirms Drinking Water Contamination by Toxics Used in Hydraulic Fracturing "Our families and neighbgrs 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. EPA 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 Amos, 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.t e ad.com Barnett shale 2010 04 tce -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, Deanna Griffin Page 1 of 2 Amy Shelley From: Webmaster - ,leanna 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 in 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 Z00 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~le.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 Sohn 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 Coileyville. At the meeting they discussed the "proposed 2020 traffic". This increased traffic will not be from Coileyville 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 Coileyville? 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 Coileyville to remain pretty, quiet and residential. Improvements on Hwy 26 are great but lets leave the neighborhoods as they are. Please evaluate these Z items from this perspective. Sincerely, Nancy Farrar 7805 Jefferson Circle Coileyville TX 76034 The New Busy is not the old busy. Search, chat and a-mail 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 fives 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 real 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 an your protection and so far, we don't see that protection coming. Sincerely, Fhil 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.com/id/15840232/?video=1362653631 &play=1 http://blogs.ei.colu mbia.edu/water/2010/05/03/hyd raulic-fracturing-potentia l-for-contamination-of- drinking-water-sources/ http://energycommerce.house.gov/Press 111120100218/hydraulic fracturing 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 Colleyville 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-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 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 us at (817) 488-2390. Thank you, in advance, for your time and consideration. Sincerel/y~yours, ~/~. Arnoldo & Susan Easter y SHAWN AND LAURA MCCASHILL 6O1 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 ZC14-003 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 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. 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 Colleyvilke,TX 76034 1400 S. White Chapel Blvd Southlake, TX 76092 May 10, 2010 Ron Ruthven Planning and Zoning Commission City of Golleyville 100 Main Street Colleyville,TX 76034 Dear Mr. Ruthven, I would like to voice my vehement opposition to the request for a Special Use 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 Golleyville to rrish this decision until more facts are known. The gas isn't going anywhere. 2. The typical area needed for a gas well drilling 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 mechanisrn, in this case, to allow an industrial activity to be inserted into a residential and agricultural zoned community. The success of Golleyville, in rnany ways, can be attributed to the foresight of developing a desirable and functional master plan, and sticking to it. ,'fit no time has the Golleyville Master Plan proposed an industrial zone in this vicinity. Making exceptions only causes conflict and portrays a position of lack of commitment. Granting of this SUP violates the Golleyville 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. 'T'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 energy companies purposely do not follow this model. These companies intentionally invest heavily in the community at the onset of the process and then 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 tkre desires of tkre producers. 4. Golleyville 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 and the public safety and enjoyment are of equal concern here as any 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 foil. requirements of paragraphs G. and H. have not been disclosed and this is a material omission of required information. 5. 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 raany landowners who may now be in favor of granting this S.U.P. will be negatively impacted by the continuation of a 30' pipeline ROW easement with a probable 24" 250 ps.i. high pressure gas line running across their property or in their vicinity? 6. While it is my belief that the approval of the SUP is a grave mistake for die residents and the city of Colleyville, should it be approved, there are additional restrictions that must be attached to the approval 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 resin`s 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 loea[ examples. One is Chesapeake Energy's site at 8515 Harwood and Highway 26. This enclosum, complete with landscaping was fully 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 he made available to the public at large. All the activities to date just reinE'orces to me thatT'itan 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 he required along the Pleasant Run ROW as indicated by a detailed and comprehensive landscape plan. Sinc€;rely y ~/ /' ~ , ,~ ~ / __ ,. G~ _ i L D~~ David R. Buffington Attachments: Exhibit "A" 4 Photographs -Chesapeake Energy 8515 Harwood, North Richland Hills ~~ -i :` ~ ,'t? `,;a= s j~ ~: ~' r =_ ~-K~ y~yi 1~1 _~_-~ `,'~_ '`{ ~_ ' 1 _ F ~ _ F ~ ~ ~ ~ ~ ~ ~ • ~} - _ ~_ ~?6 ~~ - - ~'~ ~ ~, t r~ t ; ~~ . ~ ~ - 6 ~ - ~ t ~ E t f ~~ ~ ~~~ - ~5 ~ _ # t - - _ _ ~~ y ~ y ~ ~~ l { _ N i _~-.~ - a +'~ ~ 1 ~Yf _- a ~ ~ { , } f . ~ 'fi- ~ '. 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S (~ ,~~ L;~r' 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, Fart 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 significant 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 getout 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? If 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 fracing 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 Desota 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 Chica 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 _. F+ ~ ~ i _ ,~ , >~ _~ - r r_ 'Pf ~ ~ k~~ /~ - _ . ~ ~ " ~ _. ~_. ~f ~~ ~ ~ i ~Y ~ i ~'.: 4 - - f - -..~_ ~~ ~~ x ~ ! ''~; r ~_~ ,~ ~ ~ ~ r~+F• u f/ ~~ ~' ~ _ ~ ~ ~ ~ ~~, ~_; r _ o ~ _ ,,.~. r ~- _ , ~~ ~ -, ~ ~,-~ , z -- ~' ' ---~~' ~.~ ~'~ ~ - ._ ~• " ._--- --- r, ~~ .. . ,, , o v ~ ,, ._ ~ fl .. ,w.___~_ ~ ~_ - ~ ~~^ I f r ~ ~ •. s. ~ ~ h a ~' I n dv ~ m~ ~ ~ .c Q ~ ~ ~ o ~ Q t • 8t art ~ ~ ~ z a ~ 9 ~ n t ~ ~dda~. F ~ ~ '° • r A ~ 3 r Qd m m ' 3 ~ N M1 N q ,. 47 ~~ ~.. ~ r 3a _ _L_.._J ~..._~, t~` ~Fl"j j } i _'-: ~t= --1--~ r'-~-- - ~ ~- r_._ . ~~ _'~ ~- ~ _r--~~--- --1 ;:_ r~ ..^.~7" .i-~--rTT _- ~~1 ~ _ ~. p ~r \ e \`. ~~ ~" ,.~ .Y~ X11 ~ ~ ~..~ ~~ i 1~«~.}~~' ~~~-!._S r} t Y `~ F I M1 I ~1~~ L , ~ , r-j " 1~ ~''~ ``~ 7r~-7 ~ I ~~ i ~ - t ~. .;:. ~~ ~fT ~- ~ ~ s <<~,, ~ - ~ T ~ ~ ~ ~` r~~ ~ _ ,C _- - , ~ ~_ ~ ~ ~ r F ~ ~ , --i f ~ t ~r O 7.='~ ~ ~ ~1~~~ ~~ {L~j l t ~ .7 ~ ~ ~ h ~ -~-~k-+ tTl ~ ,rr~l ~~, try r- ~-,- ~~~-,~ i " ~--, ~.t ~~.f~~7u~" ~~ ~'I. F L L.~ .mow ~ :. ~~~ t - -C ~ -,i i r ~~ ~ ~ - " j I V'~., ` ~ - - j ~"~ ~~ ~, ,,,, Vin- ~ ~ ~_, ~~ ~~I !, -'.~ Lam. _~.,; ,_~ L~~ ~,t~,,~7 mt.,: 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 the 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 wilt 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 you 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 From: Diane Grillo Sent: Monday, June 07, 2010 5:01 PM To: Cc: Ron Ruthven Subject: Gas Explosion Accident in Hood County - Re: Case No ZC10-003 (Gas w2iF drill site on Pleasant Run) Hopefully you have all seen the news today of the Gas Explosion Accident i~ Hood County - This is just another reason why anything to do with a gas well should not be allowed in a residential area. Accidents do happen. Acres are burning around the site in Hood County. If this were Colleyville, our homes that are within 1000 feet would be burning. Our fire department is not equipped to deal with an accident of this magnitude. Please do not risk our lives and property by allowing the zoning variance. With a gas drill site almost in our backyard how can we feel safe in our community and sleep at night? We are,definitely stressed. Will you be able to sleep at night if it was next too your home? Please consider all of this. Thank you, Diane Grillo and Barbara Lang 7502 Monroe Caurt Colleyville, TX 76034 817.428.2914 --- On Tha, 5/20/10, Diane Grillo wrote: From: Diane Grillo Subject: Case No ZC10-003 (Gas well drill site on Pleasant Run) To: Cc: rruthven@colleyville.com Date: Thursday, May 20, 2010, 8:27 AM 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 welt 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 you 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 Summary of Letters of Support Request to Reuse getters of support from CAMRA From: Susan K Medina Sent: Thursday, April 29, 2010 9:27 AM To: Ron Ruthven Cc: 'Christopher ~. Hammack'; aric.head Ross.Melton Subject: Titan Operating ZC10-003 SUP for Gas well, 7612 Pleasant Run Rd. fetters 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. ~o let us know if you have any questions. Thank you again, Susan Susan Karkoska Medina President/Founder Susan K. Medina Communication Strategies, LLC P.O. 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 6 Wayne & Kim Putlak 205 Bandit Trl. Colleyville No 7 William LeGrand 300 Bandit Trl. Colleyville No 8 Sandra LeGrand 300 Bandit Trl. Colleyville No 9 Wayne Beaman 501 Belmont Dr. Colleyville No 10 Wayne & Joy Beaman 501 Belmont Dr. Colleyville No 11 Joel & Gayle Maxwell 5701 Bent Tree Court Colleyville No 12 Brad Meyer 5703 Bent Tree Ct Colleyville No 13 Michael & Elizabeth Love 5700 Bent Tree Ct. Colleyville No 14 Jackie Lane 5702 Bent Tree Ct. Colleyville No 15 Gay Bearden 6000 Bettinger Colleyville No 18 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 Covington Way West Colleyville No 58 Philip White 6803 Curtis Rd. Colleyville No 59 Jiangping & Li Peng 6708 David Ln. Colleyville No 60 Michael & Barbara Barrett 6317 Derby Dr. Colleyville No 61 William & Linda Charters 6321 Derby Dr. Colleyville No 82 Will Fergos 6204 Equistrian Ct. Colleyville No 83 David Dixon 601 Frontier Ct Colleyville No 64 Carolyn Mithcell 508 Frontier Ct. Colleyville No 65 David & Mary Livingstone 600 Frontier Ct. Colleyville No 66 Alfred Maddox 5700 Grand Oak Ct Colleyville No 67 Kathy Watkins 5704 Grand Oak Ct Colleyville No 68 David & Tracy Robertson 5701 Grand Oak Ct. Colleyville No 69 David Vincent 5702 Grand Oak Ct. Colleyville No 70 Frank & Judy Hall 5705 Grand Oak Ct. Colleyville No 71 David Adams 200 Hancock Ct. Colleyville No 72 Dana Allen 1405 Hardage Colleyville No 73 James & Anne Terry 1103 Hardage Cr. Colleyville No 74 Charles McDaniel 1101 Hardage Ct. Colleyville No 75 J. Daniel & Becky Smith 1102 Hardage Ln Colleyville No 76 Maria Ewing 1104 Hardage Ln Colleyville No 77 Tommy ~ Vickie Jordan 900 Hardage Ln Colleyville No 78 Gary & Melinda Wright 1006 Hardage Ln. Colleyville No 79 Cindy & Jimmy Stovall 1106 Hardage Ln. Colleyville No 80 Dennis Jones 1205 Hardage Ln. Colleyville No 81 J. Earl Morse 1207 Hardage Ln. Colleyville No 82 Steve & Ronda Polansky 6713 Herbert Rd. Colleyville No 83 Tim & Carol Dacy 6500 Horseshoe Bend Colleyville No 84 C.L. & Ruth Madden 6112 Hunter Lane Colleyville No 85 Thomas Panno 6114 Hunter Ln Colleyville No 86 Todd & Lisa Pipes 6117 Hunter Ln. Colleyville No 87 Jerry & Carolyn Allen 5917 Hunter Ln. Colleyville No 88 Brad & Bev Young 6100 Hunter Ln. Colleyville No 89 Christine Combes 6106 Hunter Ln. Colleyville No 90 Margaret Yoes 6113 Hunter Ln. Colleyville No 91 Robert McGregor 6115 Hunter Ln. Colleyville No 92 Robert McGregor 6115 Hunter Ln. Colleyville No 93 Dennis & Karen Trimble 6803 India Ct. Colleyville No 94 Michael Murphy 7606 Jefferson Cr. Colleyville No 95 Sharon & Ronald Mayfield 7700 Jefferson Cr. Colleyville Yes 96 Kenji Nishikawa 8005 Jefferson Cr. Colleyville No 97 Vance Solis 7200 Jo Will Colleyville No 98 Jimmy & Jan Isbell 7204 Jo Will Colleyville No 99 Terry & Martha Walker 7109 Jo Will St. Colleyville No 100 Barbara Maples 7112 Jo Will St. Colleyville No 101 Vincent & 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 Youn 6500 Kingston Colleyville No 118 Joe & Kay Hanzelka 6508 Kingston Colleyville No 117 Ed & Cynthia Bittick 6405 Kingston Dr. Colleyville No 118 Tom Shears 6504 Kingston Dr. Colleyville No 119 John & Diane Pce 6004 L D Lockett Rd Colleyville No 120 Kathy Pirkle 807 Laurel Oaks Ln. Colleyville No 121 kathy Scovic 809 Laurel Oaks Ln. Colleyville No 122 Jimmy Labrecque 6212 LD Lockett Colleyville No 123 Don Dixon 6012 Ld Lockett Rd Colleyville No 124 Rachel Whittlesey & Scott Burnett 6208 LD Lockett Rd Colleyville No 125 Lonnie & Nancy Williams 7609 Leesburg Dr. Colleyville No 126 Lou Anne King Jensen 7802 Leesburg Dr. Colleyville No 127 James & Edi Gray 505 Leta Ln. Colleyville No 128 Eric & 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 8 Jennifer Azbell 7207 Monticello Pkwy. Colleyville No 136 Tom Loesing 7503 Monticello Pkwy. Colleyville No 137 Randy & Becky Petree 7605 Monticello Pkwy. Colleyville No 138 Tuong-Khanh Vu 8105 Montpelier Way Colleyville No 139 Miles & Sandra Davis 7510 Mount Vernon Colleyville No 140 George Scott 7502 Mount Vernon Dr. Colleyville No 141 Larry Lewis 209 Oaklawn Dr. Colleyville No 142 Ralph LaRovere 306 Oaklawn Dr. Colleyville No 143 John Terhoeve 1204 Opal Court Colleyville No 144 John Terhoeve 1204 Opal Court Colleyville No 145 John Terhoeve 1204 Opal Court Colleyville No 146 Paul & Tammy Lightfoot 1204 Opal Court Colleyville No 147 Todd Boysen 1205 Opal Ct. Colleyville No 148 Michael & Melissa Gonzales 7412 Overland Tr. Colleyville No 149 Beverly Schroeder 7204 Overland Trl. Colleyville No 150 Wesley R. & Carol Eaves 7409 Overland Trl. Colleyville No 151 Jack Bowling 6100 Park Ct Colleyville No 152 Christopher & Heather Derganc 1013 Pauls Path Colleyville No 153 Lori Bowden 7205 Pebble Hill Dr. Colleyville No 154 Orlando Alamzi 6805 Peters Path Colleyville No 155 John Allen 6813 Peters Path Colleyville No 158 James Gribschaw Jr. 6905 Peters Path Colleyville No 157 Scott Brodows 6913 Peters Path Colleyville No 158 Gregory & Susan Oltman 7001 Peters Path Colleyville No 159 Brian Bezdek 7101 Peters Path Colleyville No 160 Richard & Debra McLaughlin 7108 Peters Path Colleyville No 161 Peter & Geraldine Fedynich 7109 Peters Path Colleyville No 162 Mona Coulter 6105 Pleasant Run Colleyville No 163 Jon Reitman 5702 Pleasant Run Rd Colleyville No 164 Tod & Deborah Chasezewski 5707 Pleasant Run Rd Colleyville No 165 Larry Stewart 5912 Pleasant Run Rd Colleyville No 186 Eddie Stowe 6014 Pleasant Run Rd Colleyville No 167 Frankie Ann Stowe 6212 Pleasant Run Rd Colleyville No 188 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 178 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 188 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 216 Gerri Musso 6701 Sapphire Cr. N. Colleyville No 217 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 218 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 219 Vincent Smar 6714 Sapphire Cr. N. Colleyville No 220 Hanging Lu 6721 Sapphire Cr. N. Colleyville No 221 Casey & Tanya Tierney 6725 Sapphire Cr. N. Colleyville No 222 Glenn Griggs 6600 Sapphire Cr. S. Colleyville No 223 Michael Flores 6604 Sapphire Cr. S. Colleyville No 224 Suresh K Man am 6609 Sapphire Cr. S. Colleyville No 225 Whitney Stark 6615 Sapphire Cr. S. Colleyville No 228 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 248 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 256 Reginald DeKoven 7301 Vanguard Ct. Colleyville No 257 J. Walt Mills 404 Vintage Ct. Colleyville No 258 Robert Braun 206 W LD Lockett Rd. Colleyville No 259 Brenda Loynachan 201 W Van Oaks Dr. Colleyville No 280 James & Marla Tatum 301 W. Charlottesville Ave. Colleyville No 281 Michael & Carol Burke 309 W. Charlottesville Ave. Colleyville No 262 Richard & Janet Cunningham 311 W. Covington Way Colleyville No 263 Henry Wells 413 W. McDonwell School Rd Colleyville No 264 Mickey Harris 109 W. McDonwell School Rd. Colleyville No 265 Carter & Yvonne Hatton 307 W. McDonwell School Rd. Colleyville No 266 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 Ta for 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 Article Provided on June 7, 2010 From: Dave and Beth Adams Sent: Friday, May 28, 2010 5:08 PM To: Subject: NCTCA Meeting, June 3 Just wanted to be sure you were aware of this important meeting regarding the health impacts associated with drilling for natural gas. Wilma Subra, will be the featured speaker at the North Central Texas Communities Alliance meeting, Thursday, June 3. A MacArthur Fellowship "Genius Award" Winner, and profiled this week on CNN, Wilma will be speaking about air quality and the impact of gas drilling, pipelines and related activities on our health. Recent news stories (see below) have questioned the validity of testing done by the Texas Commission on Environmental Quality. At a time when our cities are making important decisions about this issue, I urge you to attend this important and informative meeting. Regards, Beth Adams 817-416-1973 h_ttp://www.star-tele~ram.com/2010/05/27/2223239 texas-a~ency-~ave- inaccurate-air.html http~/ www wfaa.com/news/local/Report-State-regulators-failed-to-disclose- benzene-in-Fort-Worth-air-94985339.html MEETING INFORMATION FROM NCTCA: www.nctca.rset NORTH CENTRALTEXAS COMMUNITIESALLNNCE ~ ~~= r~ :~ Those who say it cannot be done should get out of the way of those doing it AIR QUALITY The Health Impacts to You and Our C$ildren When: Thursday, June 3, 201 Where: HOTEL TRINITY INN SUITES 2000 Beach Street and I H30 Fort Worth, Texas 7fi103 Networking:, 6:30 pm Meeting. 7:00 pm Featured speaker. Wilma Subra Ms. Subra holds degrees in Microbiology and Chemistry from the University of Southwestern Louisiana. She has received the MacArthur Fellowship "Genius" Award from the MacArthur Foundation far helping ordinary citizens understand, cope with and comba# environmental issues'in their communities.. ~, She also was one of three finalis#s in the Environmental Category of the 2004 !~ Volva far Life Award. Wilma started Subra Company, a chemistry lab and environmental consul#ing li firm, in 1981. Her goal was to help c~tUzens and communities understand ;; exposure end health effects of toxins in their environment, "No one was looking out for community groups," Subra says .about the early days of her company. Located in New Iberia, Louisiana, Subra Company offers technical assistance and provides the science. These services are needed for communities to get the attention of the industries responsible for the pollution, as well as the agencies responsible for protecting public health and the environment. "IYe never had' to turn anybody down," Subra says. '''They may have toi wait a few days, but if they ask, I will do what I can to help them." www.ncfca.ne# 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 3rd or 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. -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 Colle ville 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 o o a _ ~ i \ RFAWII RU D D~~7 ~ Q Cf ro -- ~- ~„ Q ~ ~ /~a ~~ ~~O ~ ~~ ~ °~.' ~ -cs1 ~ q~ .._ ~ 3 ~ ~, ~ ~ \ ~ ~-~ '~ _~ ~ b - n~~o s ~~{~ ~ ,~ ~~ ~~, pp ~r ~,'~ ~ ~ ~V ~,~ y /, ~/ ~.. ~- _~ ~~~ ~' ~ ~, ~, ~~ ~~ f ~ f ~~~ ~ __ _ _ ~- _ 8~=~ ~ ' p ~ ~~~ m~ ~O ~ ~:~ ~4R ~ - _ t~-i ~m~v . m4 ~wA~ ~ 57~Q~~ ~v 3 ~3~° ~ o~ .. ~~ ~ ~ ~ o^ °i-~ Sn m^~ ~ ~a ~ ~~-~ ~ N ~ ~' rd A ~~'P. m S ~~$ 3~m o~ z o e ~ _ ~ Q ~ ~ ~ m : ~ S gg C s - O ~ ~ A 3 3~ ~ ~ ~ 4 E ~ N ~ ~ `rJ ~ ~ ~~ ~ 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N ~~~~ p ~n f ~y ~ A ~" m' m en . ~ ;a ~ ~ ~e N~,rNr,N ~~~- g _ n - - -- ~ r ~~~ - I (~[u Vi I II ~ 1 :~' i~ ;~ I s I \ - I N I' •I L l ..: _.. _. _... ...__..._ . 4$ri _ ~ ~~~ - ~~ ~~~~~ ~ H CrJ _ 5~ ~ ~ Q ~~ ~ ~ _ ~ ~ O ~ ~ ~ y y ~~1~ p _ nom ' ~ 0 X 7] ~ __ - -~~ - - ~ - _ YE ~ g` 1 J~.~.-r.r-. _, ...~. $f`}1 (( ,~ 1 } t _ _~.w~ o .i N ~ yiy ',~ ~~~~ ~ ~ `~ ~~ .:'~~ '~ aH a~ ~' ~ ~ m ~ ~~ A a ~I, w w w ~~ C S' E E E~ ~ ~ ~ ~ x--11 ~~ ~~~~ I ' i Y c~ ~ ~~x~ ~ ~ ~~ r - ~..~ "~ 11F a ~~ ~~ r~ ~ a~ ~ ~r~ i L~ ~~N~ 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. f. If, at any point, the well site is abandoned by the operator for a period of six (6) months or more, this SUP shall automatically expire. 4. Drilling Activities a. The primary drilling apparatus shall not exceed 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 Transaortation 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. f. 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 day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map `x ~ ~ ~t ~~ y~. ~~ _~ ~ i ,~ _ ~~~~'~ ~~ r~ ~-r ti' ~~ j~. ~ r, ~~` .~r ~.~~~ .-~.:{~~ ~` • L {~ •{ ~~ ~~ r f:. ~~ fr _4 ~ ~ ,~~~ ~ ~~ '~ ,~ ~~ ~ if r ~f ~~t 4 ,x~ ~ •. ` ~ r ~ r ~~, f,.c,~ .,~~. ! ~~J yfy~\'~ ~ 1 i + -.~ ~, r of ~~~ s _ ~~ ~ ~~ ~~ ti. 1 ., + I ~"~" ~ ~ i ~ ~~ ~, f. _ ~lt~ ~, '~ i_ _! Exhibit B -Legal Description I4liINi; tl} ., ,.r „.n Ftaii ~,~?:a~ ,,~tt , __ '.°. m ~ ~ *~ -.-s,~"sir. ..1F+,trrtei "•7unihc-r 2~>S sat,t!fYC)l: ~~.3.~~.~~~~~y. 1 ,:;`~ ~ :~,('~~~.~~tt~i¢,.ili~,,Tai~-.u3tCu~nit~t,~lc~~c> n,~iat'tic it a .. ~ _i~;.~ e c ?..~¢~ s.r ~ r~( Lxi,~, 4ti~~;~ cvccl tct l~,lu. i.".' ~,t~~4~saGtie[ aii,tJ ti~itc Ohair~s .. + ~ ; . ,,._~~ i:i ~ ~~{t..,a~.-~ ,~1~ P. ~_~ t_ Tr,k~: CS ;. ? ,mt~ ? ,~ai~€ in A~cahi~rie i~fw;~. F~~i~;~ u~~~ ~~ s -. , Tsrr»Er~f1 t,`t, ~ ~,~, T6.~s°: z~n~.f hcirs~ ruexi- Eu~rSirul,r~t_Y ~CS+;rib~~~ h~' r~redls said ._ ~ ;r~x~ ~-. t~l~:(:[N?~t;`r(:.a, a 3rA ir~cl3 iron n~tl, Isri ttt .._ -. -c~.~~ __ _ ~s;"S~1Ci (}.!~rta ., ..... rc~GSe~.lr~3 iii tr~laxjrve aF~ , I',1:,v ?'~~' ;in~i bc,rsf t,,, nekrl~r ~ ~~~~ , _~~~, ~~tt7~~t trzs~t+r[ L~rz~i ,, carnti~ct~.r Sri ~~r, fZoF~rtl }li>.tt< <+t°: ..t.t~_ ._~-~, T~a:ii ~_ ~ _ i.~ Ysa~u•'s: lam'}~ P~t~;c''+`~` ca( 4:11 L~ (.~tte4l~j .~'~',t Ce?(C1s 3P t~ Dt ?`,?SE t ?::;. i+~ cI :,,_~ X72 ,'ijii{?' .., ~~... 1,;„,, „~., L, .iC114~i~t~EQt1 Tl3 ftill' (~1;~ t:~~ ('~f1t~:~~,L;. r~~~,~irc'.ei? ~,1 ~,~.,a: ~~~ Zs ~.~>- '? ~7t~i'€at C,~~~~,,,t:,, Tarranfi CtyES~1t~°~ ~l~xn>; t ]IE;"~t P `: ,~ ~ ~ [ 4 ~~a "~.~ , a~~,i~~ tiSC ~.4r.~., li-S~~ c~! :;a~ci (;)Sic~rSCehzct 1r«t, ~~s 15.~;;.t~;' !~~~+ ~i ~;~ ~fi. ifs, I .,:fS ti~~! ~e+tk~G 1~?a~tti c~t~i =~^..~i.~h.~i "JaC'S )f3ti" Scik irs sly Its-th rt;' fe~rt t~ ~h~ c-cauerl~stt; e~~ fickS !~_ :~ 1`E[1:`~~'F;+~~it113t~c Ct't [t:l3nci.~1 li_4~ t1~i~r C~r~ r;, ?I!e +~~13.?tr S na ' ° " ,'DT`I'. 7 -'~;"[ ~ ~~.t~..~ '~ t ;ni ;~-~ r, 4 ~,"~`~ ' f~"F, E-lii.i?~1 ~"_;.?, ti~~~ iio~tho~°cst s;~~risc~ trt'.elurc~-,.o~+l ]'rasa ~q t~~:~~ ~oii,cll a 5;?+ !r.~it it~~ ~. r~~d 41~,tP~ ~>~.asXU` ~ a~, s1.:unprtt "If4('~~13w" sit, f,c~,irs ~ Sui=~9''~h', !tx!LS~iI t,exS: 5 4f~'i3'~1z~"E, 1~3t`a,,t, I~c•~r, -_.;_~~.. ~~_r, 9a~ sd~a ~ ~~~ ~;~i `IS.K~ilti `~i:asi C) ;~ ni~~hct 3 ~ crtiF7~~ `~~,r ~. _ `ittE t~'2nl I t~, _~«,~t~ ,I'~..1~7I> y Irlf'++i~i TilaFi t;b_~e~7i~'I:ii ti~:T1fi1' T~'_` , _ . f'.i ,e k :.J' T Exhibit B -Legal Description (cont.) t1 ,4, t5'~5'.~;,~1r~t~itf~t; C~1 ~'ti°~"L, l f~, i ~~t f. ~ .«; ,.}•. i.. i`t, 'ti .' i ~ ~ ~ ~ ~)=, ~$ f . 5 ~ {t'C: S~;c' tlt!tF lt...i: COFFI CS t?j~ .~t}..I i C:.A..1 ~ S_74:~ ~.l". 41~e C3fttb C'~l e`t~(flCY ~ ,.e,sz T~r,r._t 1, ir:;,, +.~a:cti a `.ti ani'h irndi rntE wait }~-,iti~' i'ip >s:~n~}~r.+`3°`TAt'i 1ii`~" rcpt. E~~~,,r.'~~of,"~~t3~F_, E its ..`0, ;t7 ;ia"I l'7 ,1,) Icx:t; ^~ ~5..~,,;lk"I:. I~Wi_i1a:a fiat. ,,~_.1~..~.7i~~i~'~i-~ ~ a: E „~~~ C'. b"1 ~ ~~ .'~1 ~ir~ i.~:'.: "~~~11~`.1V'C'M: 4 `ti".3-l'.i{, ~~, t,~ iiil f.te'':i, ll'.~ itttre~r;,.~ a~.+i~~s:~1$tg Eic~~r t. 3cri~ ~t~~1'lre ;'-~pr~ivi~n,~tc- tcz~tr-, Ia7~ „I k I~_ ._-,-- f..re F`.~,.+~t tl:, ~~~,t.~t~lc :~ d~>. ~~~~i-~~1-w~a^: J. ~1~~11~~ ~ m .'Zl)"~~ ?,. ,~., wt ':. S;I.~_ .i~~} 1 '~?"3tstutu C~i?SCiii;t~.. `elf i~;~' ---iil i_,~ r.._ Y~tsr~~.;r,q _ .~t~c'~i k',ac~ t ,r .S.,.~ k.~=~th~~~_.~:,~a~~ci 9~t 4r~tE (r.tct2 frtxE.~sciy,.t,>~_;ti is-c'., e~~i; ~t ~.+.iifi, ~ t',. s~ ate ti<I .r~t_t>~9`_i~ '?c.~t.~ ~`{ r(~'r~,~`.1k1{1~H1 t.s.;t, !'11M:N~'~ ~~'i"~`>'.' 1°''~~', t.2 t,r feet ~rx~r,".,~ru,ns~ ~"t~~ :.~7t~ <tE~~'t~xitT~~te~t~a~,~tc°riint~ lrr [h '~'~E71~ItdlS 1~,i777C'f'+7i ld1 LAS IGls.:l .~; „ t~ i i ! FIF,(tC'}; 4 f;~3°li1 4'Z 1, . ~„tsr the sF>utr, 1>r}c «1 _.,:~i ~I~ra+7 a . s31 '~~ 1t~ ?ee' ...~ , .t ;c~'-,.-' of Park: Place Esr;`~-~, ~~ ,.~iti~i~,+a,Y to thr ~'it~~ iat {'+.~4;~~y~~t~-'e rc~~~r~c~u in l'c~?•.^ "v. f'•°_-~_ 1,7 te~~5£tr+~ Pia: ~ _ __, :rt l~wa f~: ,~ :~~:~ >>_al_ i:~~n r„~~ t~,'.t. x~3~C:c car stagy . ,i "1,-~t~f)~5~~ s~i. its ;aid ~~, ~. -:. to s 'i~ti yet. 1~ ;xk~- ,# u^ r,......~ ~ .._ -~ _- ~~~~ C?~3S ;ctr st tt,.~ _ , -,_ ,, t.:,S v'> 3~~_ z. : t ,k7"ra~ ,S':' ..Ett ' .. 15F Ctt(ils: ; ~uf ~„tit{ _ _-- l idi ~ ~Ctw li i~r `+,O _ .~,~ ~~ ;i! (~~ S?. 1 1,I1 ~ ~ }iCi ~j~f2a:}.i77h~ jV<~ "I'ti~i,1 ~~ ,q'i ?1 1 ',_E uh', °•) rn' a ~r E~,T~ , t.m i jnc u;~ h ~~...~, ~ ~ ',~.~ k'"•.L# i,ci.~~~ Exhibit B -Legal Description (cont.) 1 ~~E`'~C F~ '`+ `s, '~ t, -~. ,, ti'e4 ~si~l thr 5o.tt~1 il(li u4 ~z,n~~ it~tc't ~ Slt~ l~a~ eik I~-, ~,( mat E`at..:'..UL.~ ~.: ~_.~ :C` ~?Yf`.ilY ~'flCl'~li;~ll L~Ft'i4~1"tits ~3~ttfSN e'~(:.td, a{3~~_, ii. ~i!"t~tid' :~ '. ----. ~ ~?3. Ptisi;c {~,t~,.! ~,I -,ai. C c~.7n~ty {~>>c•{,rdv, ti~ a 3~`~ ..~c,1Y ~s.~, ~i~~:~. ;i~3iin~ ~r.~3 ~~ .,.-., ;.urner at „ii~~ lr,«i t Its .hc east ~.:rr E*~ tl t aitt:~El'cA'tti~r~c F xB,~c ti _ ..._ ~F~~.`~~'~~~ jti (~} .,~.~~..,~~ _~'~..~ l~t~.+. ~.~ ti~ :~~>. .312 c+2 ~.i :~ i;l.' ,,..~;. ~_.. t{~.l "~:'~S L71C~'.1 ar~,t~:cni ...,,. .,. tt._~~:.,:.,~_;., ...:,'7t:rr~,• nt~c~,:.•cl(~u,.zs;z~i~~t[;~s~t~~~:or~3rdir~~.~~xites~i~ avid. p.., ~ tea :~~c{ ~s ., ~~.,,~~!;. 1 FTF.;'+i(~ F ''. h~i 1" r~~"~,1~ (~5?.1fi 1c'~t, milt tl~~ tuirtlk lint' xil ,_.'' 1)~h't?c+~+c•r ..r.i„r ~,,. _ _.. ~<<{" Chi $ i~1 1. )IL`I:ii'h'k ,~f~1.;1. 't~ ~.I1~ ~r(YPII~ tF( F; C'~, Uilitll~* :ahc? _ --1 i . _.~° 1 `. ~~~`~ *. _ _ `S.~ ti5 eti Cih (1~ {~411f} 1};1.1}t t F dl;'~'~. hrctdm~n~rt, this t~~;~l dexcrfp(i~it ~+ ~~pt iral~c~cd ~o~ Lr~u,ler t~f c~cnt pra'kp~rts, thl^s do~cun~enk ~h3~t rTUC be ri-r~'>rt'1rt1 f~*~`;rne ~ntr(1~a~i. Exhibit C -Site Plan w ~ `, . ~ , ~ _ ._._~_ ~ x, ~ ~~ ~ w~ Jq ~ ~ p ~ i 5 i ~ .. UJ ij a ~ i n 1 V ~ ~ ~. y{ .~ ~ RG`F . p `. K a" ~ ~ 8 ~ ~f Q ~ i II ~'~ ~ 1 ~ L.~ lj \ 1 F t ~,... ~..w ;.,: f ~ -..~- G f^~ ` ~.~ Exhibit D -Landscape Plan r ~ ~ ~ ^ 1 ~~ 9 r ~ 1~ ' ~ _ .... ., 8 ~4 ~ ~ ~ ~ e y ~ (N ~~ y ~ # w v G1 ~~•rw~• i •rrr~~w~ _+ g ~ ~ ~ z. z ,~ __._~_ ~. W .____~-__ .A,w.~. ~ ~~ ~ . i Q ~` .. ~ iU t.J ~~ Y, y ~.~ d ~ ~ ~ ~~" ~ ,_. r ~ ,,~ ~~ '~ ~` . y f ' . ~ .-.. . , ; 1 ~~ ~~ ~ ~ ! 1 1 t I ~ -~--•-y---~--~,---< ~~-------~- ~ ~, 3 1 ,~ Exhibit E -Grading and Erosion Control Plan ~..~ ~_~_ ~__ .__ __~~ ~ ~~ ~. _~____. . .o.a..~ r ~ ~~ ~ ,_ ~ r ,, _~ ' ~ ' ` _ - : ~ I I . ~ ~ ~ ~ ' ~~.u~,~~~ r., .~. _i~ .;. ~ ~ . %~~ S y1 l ~.. I ../. -.._ ~ > t r I y 't 'w ~~ ` , f @~1 ;" 1 1 , ; uI V ^ 3 r ' 1 I u ... ~'-. v, 1 .. ~ ••t / ~ ~~ r i { t ~ ~ ~~~ 5 ~ ~ } ~ ~,~ t ~ ~ ~ \ r T .•TT T III ~. ~ ~ y a ~ ;. , V I _- _ ~ ~ j . 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