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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-6/28/2010City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com '~~~~ n~. I z: 1 ~ ~ Y ~, Ii't,~ Meeting Agenda Monday, June 28, 2010 6:15 PM City Council Chambers Planning and Zoning Commission .~ City of Colleyville City Hall 100 Main Street ~: ,~~~~~~qy, Colleyville, Texas 76034 Meeting Agenda 817.503.1000 ~••~ ~~ www.colleyville.com Planning and Zoning Commission Monday, June 28, 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 Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES June 14, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for an amendment to the PUDR-Planned Unit Development Residential zoning and development regulations for the Cambridge Place Addition located in the 800 block of Creekview Lane, Case ZC 10-015 City of Colleyville Page 1 Printed on 6/24/2010 Planning and Zoning Commission Meeting Agenda June 28, 2010 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 Survey located at 7612 Pleasant Run Road, Case ZC10-003 9. ~JOU.RNIIAENT I reref~y~certify the a~ve agenda was posted on the bulletin boards at City Hall on Fri ,June 25, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 2 Printed on 6/24/2010 City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com 1's ' ip ' `~ a ~ ~ r~-_s t~~.~-. Minutes -Draft Monday, June 14, 2010 6:15 PM City Council Chambers Planning and Zoning Commission City of Colleyville ~>~ '!01<iJ;~~ ``~~ Minutes -Draft ~...., Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com 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 The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on June 14, 2010 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, David Phelps and Jeff Byerly Absent: Commissioners Scott Redfearn and Ron Rotthaus Staff Present: Ron Ruthven, Jeremy Hutt, Marty Wieder and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the May 24, 2010 meeting minutes with the clarification made to the executive session note. Commissioner Knox seconded. City of Colleyville Page 1 Printed on 6/24/2010 Planning and Zoning Commission Minutes -Draft June 14, 2010 The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 -Redfearn, Rotthaus 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 Ron Ruthven presented the case and briefed the Commissioners for both agenda items, at the same time for cases ZC10-009 and ZC10-010. Commissioner Byerly opened the public hearing at 7:10 p.m. Karen Thiessen, the applicant and representative for Walgreens Company, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps questioned staff regarding the distance requirements for schools and churches with regards to alcohol sales. Ron Ruthven stated the distance requirement is 300 feet from property line to property line for a school and is measured front door to front door for a church. Commissioner Dudziak moved to approve case ZC10-009. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 -Redfearn, Rotthaus City of Colleyville Page 2 Printed on 6/24/2010 Planning and Zoning Commission Minutes -Draft 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 Ron Ruthven presented the case and briefed the Commissioners for both agenda items, at the same time for cases ZC10-009 and ZC10-010. Commissioner Byerly opened the public hearing at 7:10 p.m. Karen Thiessen, the applicant and representative for Walgreens Company, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Phelps stated normally he would have reservations about having alcohol sales in such close proximity to a church or private school however with regards to the location of the Walgreens, there is a convenience store across the street that already sales alcohol and has later hours of operation than Walgreens currently has. Commissioner Byerly moved to approve case ZC10-010. Commissioner Knox seconded. The motion carried by the following vote: Aye: 4 -Knox, Dudziak, Phelps, Byerly Absent: 2 - Redfearn, Rotthaus 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 Survey located at 7612 Pleasant Run Road, Case ZC10-003 This item remained on the table with no discussion. 9. ADJOURNMENT The meeting adjourned at 7:13 p.m. I hereby certify the above 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 3 Printed on 6/24/2010 ., . ~~ ~ .~ City of Colleyville 100 Main Street ~' Colleyville, Texas 76034 ':.,r 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: 06/28/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for an amendment to the PUDR-Planned Unit Development Residential zoning and development regulations for the Cambridge Place Addition located in the 800 block of Creekview Lane, Case ZC10-015 Attachments: Location and Zoning Map Notification List Small Lot Subdivision Comparison Letter of Request Submitted by Applicant Information Submitted by Applicant Ordinance 0-04-1467 Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 06/28/2010 Planning and Zoning Commission Title Approval of a request for an amendment to the PUDR-Planned Unit Development Residential zoning and development regulations for the Cambridge Place Addition located in the 800 block of Creekview Lane, Case ZC10-015 Explanation Kent Roberts, President of Cambridge Homes, has submitted a request to amend Ordinance 0-04-1467, which allows aPUDR-Planned Unit Development Residential zoning district for single-family residential units on approximately 9.0 acres, located in the 800 block of Creekview Lane. Existing Zoning and Applicant Proposal. Ordinance 0-04-1467 was approved by City Council on July 6, 2004. The PUDR ordinance allows for a single family detached residential development along with open space areas in the Cambridge Place Addition. The applicant is seeking to amend the existing ordinance to allow for a maximum lot coverage to be set at 60% in the development. The current maximum lot coverage allowance for homes in this development is 50%. Because there is no maximum lot coverage allowance set forth in Ordinance 0-04-1467, the provision defaults to the lot coverage requirement for all PUDR developments required by the Land Development Code, which is 50%. In the attached letter dated February 4, 2004 pertaining to Ordinance 0-04-1467, the applicant originally stated this development would consist of lot coverage City of Colleyville Page 1 Printed on 6/25/2010 Agenda Briefing Continued between 40 and 60 percent. However, the original ordinance (0-04-1467) did not reflect this stipulation. The Land Development Code defines lot coverage as "the percentage of the total lot area occupied by the footprint of the buildings located on the lot". As the attached small lot subdivision comparison shows, there are several residential developments similar to Cambridge Place that have been approved with a maximum lot coverage of 60% or greater. The following regulations regarding residential lot requirements and setbacks are included in Ordinance 0-04-1467: 1. Minimum lot size = 4,500 square feet 2. Average lot size = 5,300 square feet 3. Minimum lot width = 50 feet 4. Minimum lot depth = 58 feet 5. Front building line = 15 feet " 6. Front setback to garage doors facing street = 18 feet 7. Side building line = 3 feet and 7 feet 8. Side setback to street right-of-way = 10 feet 9. Rear building line = 10 feet Master Plan. The Colleyville Master Plan designates the subject property for single family residential uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned CC2-Shopping Center and consist of a restaurant, bank and offices uses. Property to the north is also zoned CC2-Shopping Center is developed as a shopping center. The properties to the east are zoned RMF-Multi-Family Residential and are developed as single family residents. The property to the south is zoned CC2-Shopping Center and is undeveloped. Public Notification. Staff mailed notices to 42 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Summary. The applicant's request will result in guidelines for maximum lot coverage suitable for the development and is consistent with similar developments within other areas of the city. All other provisions set forth in Ordinance 0-04-1467 will remain unchanged. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 6/25/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville 26 Crossing Ltd 8235 Douglas Ave Ste 950 Dallas TX 75225 4701 Colleyville Blvd Daunis, Walter F & Letaine 8900 Crest Wood Dr Fort Worth TX 76179 4609 Colle ville Blvd Realty Income Texas Prop Lp PO Box 460069 Escondido CA 92046 4700 Glade Creek Dr Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville TX 76034 714 Centerpark Tlh Realt Investments Ltd 4512 Dartmoore Ln Colle ville TX 76034 4607 Colle ville Blvd Betty B Pannell Rev Liv Tr 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark Blockbuster Investment Ltd 2317 Clearview Ct Lewisville TX 75057 4608 Colleyville Blvd Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville TX 76034 4704 Lakeshore Ct Computer Supplies Lp 714 Centerpark Dr Ste 140 Colle ville TX 76034 710 Centerpark Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 710 Centerpark Trow, Bradley M PO Box 1201 Hurst TX 76053 4605 Colleyville Blvd Sawyer, Matthew Etux Christi 4700 Lakeshore Ct Colleyville TX 76034 4700 Lakeshore Ct Cambrid a Homes Inc 2828 E Trinit Mills Rd # 300 Carrollton TX 75006 601 Creekview Ln Ebna-Gina Inc 4100 Felps Dr # F Colleyville TX 76034 Colleyville Blvd Singh, Harjinder Pal 8801 Country Glen Xing Plano TX 75024 4602 Colleyville Blvd Trinity River Authority Of Tx 5300 S Collins St Arlington TX 76018 4602 Bransford Rd Cambrid a Homes Inc 2828 E Trinit Mills Rd # 300 Carrollton TX 75006 605 Creekview Ln 4507 Colleyville Blvd Llc 714 Centerpark Dr Ste 140 Colleyville TX 76034 4603 Colleyville Blvd Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 609 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 600 Creekview Ln Cambrid a Homes Inc 2828 E Trint Mls Rd Carrollton TX 75006 808 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 812 Creekview Ln Fick, Gary Etux Rebecca Cast 804 Creekview Ln Colleyville TX 76034 804 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 800 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 Creekview Ln, street Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 613 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 604 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 833 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 724 Creekview Ln Mirzadeh, Marzia 4608 Clearwater Ct Colleyville TX 76034 4608 Clearwater Ct Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 617 Creekview Ln Donato, Mario Jr Etux Melissa 4612 Clearwater Ct Colleyville TX 76034 4612 Clearwater Ct Johnson, Yvonne F 608 Creekview Ln Colleyville TX 76034 608 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 829 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 621 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 825 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 726 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 610 Creekview Ln Dehart, Jack Sr Etux Doris 737 Creekview Ln Colleyville TX 76034 737 Creekview Ln Buttrill, Robert Etux Linda 118 Rock N Robyn Horseshoe Bay TX 78657 733 Creekview Ln Cambrid a Homes Inc 2828 E Trini Mills Rd # 300 Carrollton TX 75006 801 Creekview Ln Sorlie, Victor A Etux Linda 729 Creekview Ln Colleyville TX 76034 729 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 625 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 805 Creekview Ln Cambrid a Homes Inc 2828 E Trint Mls Rd Ste 300 Carrollton TX 75006 821 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 725 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 633 Creekview Ln Ownen, Geoffrey R Etux Helen M 809 Creekview Ln Colleyville TX 76034 809 Creekview Ln Gra , James C Etux Frances A 624 Creekview Ln Colleyville TX 76034 624 Creekview Ln Ross, Peter M Etux Mickey K 721 Creekview Ln Colleyville TX 76034 721 Creekview Ln Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 813 Creekview Ln Notification List Wilson, Edwin E 817 Creekview Ln Colleyville TX 76034 817 Creekview Ln Curtis, Eleanor K Tr 629 Creekview Ln Colleyville TX 76034 629 Creekview Ln Chandler, Raman PO Box 611 Colleyville TX 76034 4501 Colleyville Blvd Winstead, Debra A 717 Creekview Ln Colle ville TX 76034 717 Creekview Ln Hardin, Marian M 713 Creekview Ln Colleyville TX 76034 713 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 701 Creekview Ln Yellock, Johnnie Etux Reagan 709 Creekview Ln Colleyville TX 76034 709 Creekview Ln Charon, Phillip Etux Kathleen 4604 Clearwater Ct Colle ville TX 76034 4604 Clearwater Ct Drennan, Billy Etux Frances 705 Creekview Ln Colleyville TX 76034 705 Creekview Ln Grapevine Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 Colleyville Blvd Miller, Robert T Jr Etux Dee D 4600 Clearwater Ct Colleyville TX 76034 4600 Clearwater Ct Gea , Daniel B 4601 Clearwater Ct Colleyville TX 76034 4601 Clearwater Ct Cambridge Homes Inc 2828 E Trinity Mills Rd # 300 Carrollton TX 75006 628 Creekview Ln Kent Roberts, applicant 2828 Trinity Mills #300 Carrollton TX 75006 applicant Public hearing notices were mailed on Wednesday, June 16, 2010 by Amy Shelley. Small Lot Subdivision Comparison Min. Min. Min. Ave. Max. Lot Open Approval Subdivision Lots Width Depth Size Size Density Coverag Space Date "/a illas of Caldwell 43 59 115 6,594 7,408 3.7 dua 50% 18.3% 0-97-1062 reek 4.1.97 ridges at 32 56 106 6,001 6,479 3.0 dua 50% 24% 0-99-1192 iverwalk 12.21.99 iverwalk t 53 60 115 6 331 7 666 3.2 dua 50% 20% 0-00-1210 , , 4.4.00 olle vine osewood 0-01-1286 illas 53 59 110 6,482 6,899 3.6 dua 60% 21.4% 8.8.01 merald 50% 0-02-1366 ark 72 60 120 7,200 7,508 3.5 dua 19.6% 10.1.02 rk ny 25 60 100 7 200 7 580 3.5 dua ° 50 /0 20% 0-04-1487 a , , 10.21.03 50% 0-04-1442 uscany 35 60 110 6,600 7,878 3.9 dua 6 6% 2.17.04 ambridge 38 50 58 4 500 5 300 4.2 dua 50% 22 0% 0-04-1467 ark , , 7.6.04 illas at 74 30/56 90/95 2,700 5 000 3.7 dua 90% 22% 0-06-1584 Oak Pointe 115 6,440 , 58% 8.2.06 0-06-1595 Copperglen 22 55 105 5,924 6,650 3.9 dua 65% 20% 10.17.06 illas of 67 59 115 6 655 8 936 3.4 dua 60% 21% 0-07-1627 Colle vine , , 8.21.07 nclave at 0-07-1634 rbor 16 65 120 8,700 9,350 2.9 dua 50% 19% 9.18.07 states Creekside at 269 50 105 000 5 7 257 2.4 dua 65% 20% 0-07-1645 Colle vine , , 11.27.07 Somerset 77 50/60 100/110 5,000 000 6 4.0 dua 50% 20.3% 0-08-1672 anor 6,600 , 5.6.08 Letter of Request Submitted by Applicant ~~ ----~-~ ® I~ Cambr°dge May 27, 2010 Community Development Department City of Colleyville 100 Main Street Colleyvilie, Texas 76034 This is a request for amendment of an existing PUD-R, (Ordinance 0-04-1467), to add a special condition. At the time the zoning was approved it was intended to specify a lot coverage ratio of 60%. This was documented at the time in correspondence with the planning department. We recently discovered this was indivertibly left out of the ordinance. The. 60% lot coverage ratio is consistent with the other zero-lot-line PUD-R ordinances in Colleyville. We respectively request the ordinance be changed by adding this special condition to section 2 of the existing Ordinance. Thank you, . Cambridg omes, Inc_. ~ ;~ ~ ~ ~' o S. Kent ~rts~'` ~; ~f President RECEIVEQ ~1AY 2 7 7n~n 2828 Trinity Mills Rd. Suite 300 • Carrollton, TX • 75006 Pei _...._..,.•., Information Submitted by Applicant ROARING BRUUK DEVE[ OPM NT CIMPANY C ITE 111 1111 S MAIN S'I' GILAPEV7N 1'X76051 Phone: 817 410 5710 Fax: 817 410 5757 Date: February 4, 2004 To: Mr. Clayton Husband Development Coordinator Community Development Dept City of Colleyville 100 Main St. Colleyville, TX 7G034 Re: Z-04-010 CC2 to PUD-R Cambridge Place Dear Mr. Husband; Thank you for your response letter of I/30/04. Arcadia Realty has requested that I respond to your comments i[a regard to the proposed PUD on Centerpark Drive. GENERAL INFORMATION 1. The Submittal is not a Preliminar~Plat: Completed Preliminary and Final plats will be submitted for formal site plan review after a favorable decision of the zoning request. 2. Land use is Commercial/Retail in Colleyville Master Plan: We are requesting a change of zoning as a part of this application. We believe this use would be in the best interests of the city. ZONING EXHIBIT DRAWING 1. Lots do not meet minimum PUD requirements: The proposed Lot sizes and setbacks are consistent with the lots in the Riverwalk development and are a part of this request for zoning change. 2. Open S ap ce requirements are 20%: We will comply with the requirement to provide approximately 20% open space. 3. Floodway included in development;. We are request Ciry approval and support to place fill material within the floodplain as indicated in the proposed plan, conditioned on submittal of the required engineering. 4. Project Information: Typical housing prices range from the low $300's to high $400's, averaging in the mid $400's. Typical Elevations: See attached photos. Lot Coverage: Approximately 40% to GO%. Landscape Improvements: these wiI1 be submitted with the Preliminary and Final 1'Iats. RECEIVED MAY 2 7 2Q1~I Per ............. ROARING BROOK DEVELOPMENT' COMPANY.. SUITE l I1. l 1 l1 5. MAIN ST GRAPEVINE T3C 76051 Phone: 817 410 5710 Fax: 817 410 5757 OTHER INFORMATION: _ 1. Impact fees:: - 2. Perimeter street improvements: None required. - _ 3. Parkland dedication: Acceptable 4. Sidewalks and Trails: We are requesting that the internal sidewalk on Cambridge Place be located on one side of the street only. We hope this answers the outstanding questions and look forward to the public meeting. Sincerely _~~~ Dan Quinto Roaring $rook Development Co Representing Arcadia Realty, Inc. RECElVEp MAY 701 Per ............. ORDINANCE 0-04-1467 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 4R, BLOCK 1, CENTERPARK ADDITION, FROM THE CC2 SHOPPING CENTER COMMERCIAL DISTRICT TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application fora zoning change was filed by Arcadia Realty Corporation on January 19, 2004, under Case No. Z-04-010; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lot 4R, Block 1, Centerpark Addition, by changing the zoning of said property from the CC2 Shopping Center Commercial district to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit "B", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-04-1467 Page 2 of 6 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Average Lot Size (2) Minimum Lot Width {3) Minimum Lot Depth (4) Front Building Line (5) Front Set back to Garage doors facing street (6) Side Building Line (7) Side Setback to street Right-of-Way (8) Rear Building Line 4,500 square feet 5,300 square feet 50 feet 58 feet 15 feet 18 feet 3 feet and 7 feet 10 feet 10 feet b. The maximum number of single-family lots allowed within this development shall be thirty-six (36) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of twenty (20%) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. However, storm water detention is not required. c. Street trees will be planted approximately 3 feet behind the back-of-curb. Ordinance 0-04-1467 Page 3 of 6 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit °B", which shall be not considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary plat and a final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. SIDEWALKS AND TRAILS a. A five (5)-foot wide sidewalk shall be constructed along the north side of the interior street. Each homebuilder shall construct sidewalks along lot frontages. The developer shall construct the sidewalk along the common open space area. b. The developer shall construct a five (5)-foot wide sidewalk adjacent to Centerpark at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. c. Driveway approaches, driveways, city walks and residence lead walks shall be constructed of exposed aggregate concrete. Driveways may also be constructed using stained pattern stamped concrete, bricks or stone or any combination thereof. 7. FIRE PREVENTION MEASURES a. Zero Wall Construction The Lots are being developed utilizing aZero-Lot-Line concept. Accordingly, the outside wall on one (1) side of each residential structure to be constructed on a Lot is to be constructed along a line 3 feet (3') inside the property line (the "Zero Wall"). To maximize the use, enjoyment and recreation of each Owner, the Zero Wall, if adjacent to another Home Lot, shall be constructed with no doors or windows (unless required for fire egress) and shall be constructed of predominantly non-combustible materials. Ordinance 0-04-1467 Page 4 of 6 b. Controlled Street Parking Before New Home construction begins, appropriate "No Parking" signage shall be installed and maintained along both sides of streets with less than twenty (20) feet in width as measured from back of curb to back of curb. Appropriate "No Parking" signage shall be installed and maintained along one side of streets with less than thirty (30) feet in width as measured from back of curb to back of curb. 8. HEIGHT RESTRICTIONS a. Lots 26, 27, 28, and 29 abutting Lakewood Estates shall be limited such that no second story windows will be allowed unless they are on the front of the home and face the street. 9. FENCES. WALLS AND SCREENING a. The developer shall construct a six (6) foot tall screening fence along this property's frontage on Centerpark. The fence may be constructed of masonry, ornamental iron, or a combination of the two materials. Ornamental metal fencing will be located to open views of the adjacent open space from Centerpark. The fence shall be constructed prior to the issuance of building permits in the subdivision. The homeowners association shall maintain the fence. b. Residence fences facing the street shall be ornamental metal or masonry. c. All air-conditioning equipment, fire wood piles, sanitation facilities or other service facilities must be screened with fences, walls or landscaping, so as not to be generally visible by the public. d. No fence shall be more than six (6) feet tall with the exception of the perimeter fence on the western property line that abuts the commercial property, which may be up to eight (8) feet tall. 10. ARCHITECTURAL FEATURES a. Chimneys -All wood burning fireplace chimneys shall be architecturally compatible with the principal finish material of the exterior walls of the Dwelling Unit. Chimneys of lap siding are Ordinance 0-04-1467 Page 5 of 6 expressly prohibited. b. Garages -All Residences shall have either an attached or detached enclosed two (2) automobile garage. Carports on lots are prohibited. c. Garage Doors -Garage doors shall have wooden exterior surfaces or wooden trimmed to match the dwelling style. Garage doors with metal exterior surfaces shall be prohibited. d. Building Materials - At least ninety percent (90%) of the total exterior area of all Residences, and one hundred (100%) percent of the first story exterior walls which are carried vertically by the foundation, excluding gables, windows, light wells, architectural ornamentation, and door openings shall be of brick, brick veneer, stone or cultured stone veneer, stucco, cement fiber stucco board or other exterior materials of a similar nature that is compatible with the principal finish material of the exterior walls of the dwelling unit. Every garage and accessory building, except a greenhouse, shall correspond in style of architecture and exterior building materials with the dwelling to which it is appurtenant. e. Roof Pitch and Roof Materials -All prominent pitched roofs shall be not less than a 12/12 pitch. This restriction shall not apply if a different roof pitch is required by a particular historical design or style, such as Mediterranean. Dormers, bay windows, rain sheds, etc. that are part of the architectural style may have roof pitches as appropriate. All roofs shall be constructed of 30- year, or greater, premium grade asphalt dimensional shingles, slate, copper, clay tiles, reinforced masonry tiles or other materials as appropriate to the architecture of the home. 11. OTHER SITE FEATURES a. Underground Utilities -Overhead utility wires shall be prohibited in this development. All utility services internal within the development and adjacent to the perimeter of the development shall be buried underground. b. Decorative Sign and Light Poles -The developer shall install decorative street lights and street signage, which shall be maintained by the homeowner's association of the development. Ordinance 0-04-1467 Page 6 of 6 Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /.3'~ day of 2004. Th second reading and 2004. public hearing being conducted on the ~ day of ATTEST: )`~_~_. Cynthia Singleton, TRMC City Secretary AP V D AS TO FORM AND LEGALITY: R ss T. Foster City Attorney Mayor EXHIBIT A -ZONING MAP EXHIBIT B -CONCEPTUAL SITE PLAN I ~~ ~ . ~~ 8 f ~~ ~ ~ ~ • r ' ~ ~ ~ !I ~ ! ~ iw p 7~ r' R~~ ~`~ ~~ ~- ~~, 1 ` • ~, ~~ f fi'* ~~6~E~ di ~ ~~ ~ ~ ~ lrE~l ,~~ _, ~ {~ E~ i A r~ =R. 9 S --~-- ~ ~! ~ ~Jli r i~ _ -_= _ - ~ ~ --g /~ i ~ a ~ _ -- i #{ ~ ~ ~~ E .~ ~ ~~~r r~ ~~ ~~~*~ ~ ~. - f 1 ~Q 5`3 ~ ~ ~ ~^ i ~~ ~4 ~ g C i `rte ~ ~ `~ 'til ~ / ,. .: ! rt ii i~ ~ ~ ~i \~ .~ ORDINANCE 0-10-xxxx AN ORDINANCE AMENDING ORDINANCE 0-04-1467 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; 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 Council approved Ordinance 0-04-1467 on July 6, 2004, to establish the zoning of 9.0 acres on Lot 4R, Block 1 of the Centerpark Addition; and WHEREAS, the applicant has requested an amendment to Ordinance 0-04-1467 to further amend the residential zoning district requirements on approximately 9.0 acres known as the Cambridge Place Addition under Case ZC10-015; 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, Ordinance 0-10-xxxx Page 2 of 3 having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 04-1467. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 9.0 acres of the Cambridge Place Addition, depicted on the attached Exhibits "A" and "B". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. RESIDENTIAL LOT REQUIREMENTS a. Maximum lot coverage shall be 60 percent. Sec. 5. 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. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 0-10-xxxx Page 3 of 3 Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Sec. 10. THAT Ordinance 0-04-1467 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Site Plan (~' +r Mw~ ~- w ~wiw w M-iaamsar ao+q +w w • wnn wa w~ oar ~~+w+~avsval~~ru-a~swo rr r ~w N+r ~ .~~~ ~t. ~~~ r, .~ ~ ~ I~ ~~~$ ~~~ ~ ~ r?R ~~ ~ ~,~' ~ /~ F s .. ~e ~ ~ a f ~ ~ "hr ~ ~! ~ ~p ,, r ^ S~ ! i ii{{ : /YR ~ r i A ~ ~ • _7, , f ~` ~ ~I - ~- ~~ # F -- - , . yy _ ~ i 1 ~ C / i ~ ~~ ~ , ~ W ~ ~ A" ~ p~ 1 ~ ~ ~ ~ ~~~~ 5g~ ~ ~ _ ~ ~~ '~3iekb l ~ ~~ a ~ ~~~~ s 4 !" :~ a - I E ~ ~ ~ it __ !y ~ / - 1 .9~ _ ~ ~}'~Y a ~1 ~ r~C @ ` V/ ~i f: ire \ i . i~ I ~$~s ~ ~~ ~ : ~~ i ~~ ~ `~ ~^ 1 ~~~a r 6 i ~ ,_1:~ , a~ ~ ~~. 'U ~ ~ +P ~~!~ ~R ~ ~`~ .~ ~~ .~ `.p~ I ~ ~+~ty Of Co~~eyV~~~e • ~~ 100 Main Street Colleyville, Texas 76034 ~~~°~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 06/28/2010 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 Survey located at 7612 Pleasant Run Road, Case ZC10-003 Attachments: Letter of Withdrawal Location and Zoning Map Notification List Letters of Opposition Monticello Lawsuit Letter Godwin Ronquillo Correspondence Received 6-22-2010 Summary of Letters of Support Correspondence Received 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 1 06/28/2010 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 Survey located at 7612 Pleasant Run Road, Case ZC10-003 Explanation Update A letter was received from the applicant on June 24, 2010 requesting to the withdraw case. In order to execute the withdrawal request, the Commission must vote to remove the item from the table and vote to accept the withdrawal request from the applicant. Since there will not be a quorum for this item, this item will remain tabled until the June 28, 2010 meeting. City of Colleyville Page 1 Printed on 6/25/2010 Agenda Briefing Continued This item was tabled at the May 10, 2010 meeting to the June 14, 2010 meeting. This is the second Special Use Permit (SUP) request involving permission to drill a gas well on the subject property. The first request, case ZC09-011, was denied by the Planning and Zoning Commission at the February 8, 2010 meeting. This denial came at the request of the applicant upon recommendation by staff. The applicant requested the case be withdrawn because the pad site on the subject property was being moved approximately 600 feet to the southwest of the original proposed location. Given that the current request is considered a new case, staff has performed a thorough review of the new request and conducted fresh development review processes. Therefore the current request contains recommendations that may differ from the recommendations of the previous case. 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. City of Colleyville Page 2 Printed on 6/25/2010 Agenda Briefing Continued These operations typically last a few days and may involve flaring to make the gas ready for production. - Gas pipelines are required to be constructed to transport the gas to market; these pipelines must be built directly to the gas well site and connected and distributed to major markets. - Production is the final process whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does, however, require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. Drilling Site Plan. The site plan indicates a 2.1 acre pad site where drilling and production 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 City of Colleyville Page 3 Printed on 6/25/2010 Agenda Briefing Continued escrow for future installation. This provision has been added to the draft ordinance. Pipelines. The site plan indicates a pipeline easement running westward from the drilling site, then south across the subject property to the adjacent property. As stated above, a separate pipeline plan will be submitted by a pipeline company for additional approval by the City Council prior to construction of any pipelines. Production/Operation Site Plan. The production site includes the 2.1 acre site to be surrounded by an eight-foot masonry screening wall. The site will contain up to 14 water storage tanks, each 16 feet in diameter and eight feet in height. In addition to the tanks there will be a meter run and a horizontal separator, all surrounded by an impervious liner. The final production site may be operational for up to 30 years. Noise Mitigation. The applicant intends to abide by the minimum requirements of Chapter 3.1 with regard to noise mitigation. Chapter 3.1 requires that noise levels not exceed 65 decibels (dB) for drilling operations, 85 dB for fracturing operations and 55 dB for production operations. All measurements are taken at 300 feet in all directions from the drilling and production site. Staff recommends that during all drilling and fracturing phases, in order to reduce noise, the applicant install industry-standard, noise-buffering blankets capable of absorbing sound, a minimum of 16 feet above ground level on all sides to ensure effective noise mitigation in the immediate area. This provision has been added to the draft ordinance. Landscaping, Screening and Tree Preservation. The applicant will be required to mitigate for all trees removed or damage on the site. The applicant intends to leave as many existing trees as possible in place to provide natural screening from the site. The applicant intends to plant 62 native trees and 140 native shrubs around the pad site prior to the beginning of production operations. During the first phase of drilling operations there will be a six foot chain link security fence installed around the entire pad site. Additionally, as stated above, staff recommends that a minimum 16 foot, industry-standard noise buffering blanket be installed around the entire pad site to mitigate on-site noise and also to screen drilling operations. Upon completion of the first phase of drilling, prior to production of any wells, the applicant will construct an eight foot masonry fence around the entire pad site. The fence will remain in place until production ceases. These provisions have been added to the draft ordinance. Buffering. Staff recommends that upon completion of all drilling activities, while the gas well is in production, there shall be no buildings constructed for the purpose of human habitation or occupation within 300 feet of any production equipment, including any tanks. _-__._ City of Colleyville Page 4 Printed on 6/25/2010 Agenda Briefing Continued Signs and Lighting. As required by Chapter 3.1, the applicant intends to install a sign at the entrance to identify the site. The sign will contain contact numbers for the gas well operator and emergency services. The applicant intends to direct all lighting inward toward the well site. Lighting will be required to be placed so as not to disturb adjacent properties. This provision has been added to the draft ordinance. Access and Transportation. The applicant states that during drilling operations there will be 35 truckloads over athree-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour for both move-in and move-out activities. Otherwise, there will be personal vehicles, for 10 workers, entering and leaving the site on a daily basis. 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 City of Colleyville Page 5 Printed on 6/25/2010 Agenda Briefing Continued Both the Environmental Protection Agency and the Texas Commission on Environmental Quality have determined that, in some cases, volatile organic compounds such as methane and benzene have been emitted at natural gas well drilling sites. Both agencies are currently reviewing their rules and regulations as they relate to natural resource extraction and are expected to propose changes sometime in 2011. The well site must meet all federal, state and City air quality standards. Chapter 3.1 prohibits the venting of any gas into the air except as allowed by the State of Texas regulations for gas wells, as enforced by the Railroad Commission. The state regulations allow gas to be vented into the air during the fracturing process only. However, the applicant intends to use environmentally friendly methods that act to recover natural gas through the use of permanent dehydrators that meter and flow the gas directly into a pipeline, rather than venting or flaring. 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 City of Colleyville Page 6 Printed on 6/25/2010 Agenda Briefing Continued and funded by the applicant. Waiver Requests. The applicant is requesting a waiver to the separation requirement from a residence. According to the site plan, the Quenichet residence will be 390 feet and the barn will be 233 feet from the proposed well heads. Chapter 3.1 requires a minimum separation of 1,000 feet. There are no other residences within 1,000 feet of the wellhead in the City of Colleyville or any other adjacent city. Given that the Quenichet family has approved the location of a well on their property, staff recommends approval of this waiver. Surrounding Properties. The surrounding properties consist of residential and agricultural uses. The properties to the west are zoned PUDR-Planning Unit Development Residential and contain single family residences. Properties to the north are located in the city of Southlake and are zoned R-PUD-Planned Unit Development Residential and SF20A-Single 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. Fifteen (15) 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 City of Colleyville Page 7 Printed on 6/25/2010 Agenda Briefing Continued any production equipment, shall be installed around the entire pad site prior to any gas well production on the pad site. (7) In order to ensure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall perform periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area during all phases of drilling and production operations. The determination of measurement points, compounds to be measured, the frequency of inspections, threshold limits, as well as baseline measurements of pre-drilling ambient air quality shall be performed by the inspection company. The company shall be chosen and contracted by the City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the event that a measurement exceeds an established threshold, the appropriate state and/or 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 City of Colleyville Page 8 Printed on 6/25/2010 Agenda Briefing Continued 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 9 Printed on 6/25/2010 Letter of Withdrawal TITAN f)PERATING, I,LC' June 24, 2010 City of Colleyville Attn: Ron Ruthven 1.00 Main Street. Colleyville, Texas 76034 Re: SUP ZC 10-003 Titan Quenchet Dri kite Dear Ron: Titan Operating, LLC requests to withdraw SUP 7C10-003, Titala's Quenichet Drilisite. If there are any questions or concet°ns please feel free to contact me at 817-698-8000. Sincerely, Chris Hammack. Vice President -Operations I I t ~§'. FiOL~RTH S"CRHE"C, 5U1'I`E 300, FUI2TH wi:)R'I'II, TX - 76102 PHt?NE: $I7-6~)R-8(7f)0 -FAX 817-fi9~-8313 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Monticello Homeowners Asn Inc 1800 Preston Park Blvd Ste 101 Plano TX 75093 7717 JEFFERSON CIR Davis, Jerry Don Etux Toma D 7801 Jefferson Cir Colleyville TX 76034 7801 JEFFERSON CIR Ferrell, George Etux Linda 7709 Jefferson Cir Colleyville TX 76034 7709 JEFFERSON CIR Stewart, Bret A Etux Dee 7707 Jefferson Cir Colleyville TX 76034 7707 JEFFERSON CIR Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 7409 PLEASANT RUN RD Fagan, Lawrence Jr Etux Sharon 203 Rochelle Ct Colleyville TX 76034 203 ROCHELLE CT Haynes, Michael E Etux Sonja C 7705 Jefferson Cir Colleyville TX 76034 7705 JEFFERSON CIR Mason, Dale Etux Sherri 7702 Jefferson Cir Colleyville TX 76034 7702 JEFFERSON CIR Short, Joseph T Etux Julie 7703 Jefferson Cir Colleyville TX 76034 7703 JEFFERSON CIR Parker, S R Etvir R L Mayfield 7700 Jefferson Cir Colleyville TX 76034 7700 JEFFERSON CIR Estes, Steven L Etux Ruth 7701 Jefferson Cir Colleyville TX 76034 7701 JEFFERSON CIR Johnson, Stuart Etux Carole 7504 Monroe Ct Colleyville TX 76034 7504 MONROE CT Lang, Barbara 7502 Monroe Ct Colleyville TX 76034 7502 MONROE CT Lowe, Jonathan 7500 Monroe Ct Colleyville TX 76034 7500 MONROE CT Thompson, Philip K Etux Dana E 7501 Monroe Ct Colleyville TX 76034 7501 MONROE CT Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7504 PLEASANT RUN RD Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7404 PLEASANT RUN RD Hawkins, Vincent Etux Kimberly 204 Madison Sq Colleyville TX 76034 204 MADISON SO Tuttle, Robert S Etux Billie J 202 Madison Sq Colleyville TX 76034 202 MADISON SO Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 304 JOHN MCCAIN RD Staab, James Etux Lanese Turne 205 Madison Sq Colleyville TX 76034 205 MADISON SO Chang, Wesley En-Tse 203 Madison Sq Colleyville TX 76034 203 MADISON SO City of Southlake 1400 Main St. Suite 310 Southlake TX 76092 courtesy notice Chris Hammack, Tital Operating LLC 111 West Fourth St. Suite 300 Fort Worth TX 76102 applicant Public hearing notices were mailed on Wednesday, April 28, 2010 by Amy Shelley. Signature GODWIN RC~NQUILLO DALLAS HOUSTON A Professional Corporation Rttnrneys and Counselors Renaissance Tower 1201 Elm Street. Suite 1700 Dallas, Texas 75270-2041 SHAWN M. MCCASKILL 214.939.4400 SHAREHOLDER 8393 800 662 DIRECT DIAL: 214.939.8684 . . DIRECT FAX: 214.527.3165 214.760.7332 Fax SMCCASKILLCfDGODWINRONQUILLO. C (Nd GodwinRonquillo.com May 5, 2010 VIA FIRST CLASS U.S. MAIL AND EMAIL ruthvenr~i~ci.colleyville.tx.us hoylem~ 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°` Judicial District Court, Tarrant County Plaintiffs 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 154124] 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 I0, 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, ~- ~- ~>Z~-~. Shawn M. McCaskill SMM/mj enclosure XC: VIA EMAIL AI 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 ~.~rODWIN RONQUILLO ~~ A Professional Corporation SHAWN M. MCCASKILL SHAREHOLDER DIRECT DIAL: 214.939.8664 DIRECT FAX: 214.527.3165 SMCCASKILL((DGODW INRONQUILLO. COM June 22, 2010 VIA FIRST CLASS U.S. MAIL AND EMAIL ruthvenrna 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 DALLAS HOUSTON Attorneys and Counselors Renaissance Tower 1201 Elm Street, Suite 1700 Dallas, Texas 75270-2041 214.939.4449 800.662.8393 214.527.3149 Fax GodwinRonquillo.com RE: Monticello Homeowners Association, Inc. v Titan Operating, LLC Zoning Case Number ZC10-003 Cause No. 141-243271-10,141't Judicial District Court, Tarrant County Rescheduling of Hearing on Plaintiff s Motion for Summary Judgment on Declaratory Judgment Claim and Titan Operating, LLC Moving the Proposed Drill Site from the Quenichet Property to Another Property Our File No. 23608.0004 Gentlemen: As you will recall from prior correspondence, Irepresent the Monticello Homeowners Association, Inc. ("MHOA") in the lawsuit it filed against Titan Operating, LLC 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, specifically Section 9 of the agreement which prohibits and precludes drilling within 1000 feet of MHOA land without its written consent. On May 19, 2010, June 17, 2010, June 21, 2010, and June 22, 2010, counsel for Titan stated that Titan was completing and closing on an agreement with another property owner to move the proposed drill site from the Quenichet property to another property, with a possible completion and closing on such agreement during the week of June 21, 2010. Accordingly, MHOA would respectfully request that Titan's application before the City of Colleyville in zoning case number ZC10-003 be tabled or denied at the June 28, 2010 Planning and Zoning Commission public hearing thereon, unless withdrawn by Titan prior to the public hearing. D 1554071 v1-23608/0004 LETTER The Court hearing on MHOA's Motion for Summary Judgment on Declaratory Judgment Claim, originally set for June 3, 2010, has been rescheduled to September 7, 2010. Titan scheduled the deposition of Mr. Jeff Wall, the President of the MHOA at the time of the signing of the lease, and a former Colleyville planning and zoning commissioner, for May 19, 2010. Mr. Wall suffered a medical emergency in the days leading up to the deposition, and the May 19, 2010 deposition was postponed to allow Mr. Wall to recover from his medical emergency. Titan filed a motion for continuance of the hearing on MHOA's summary judgment motion. During a hearing before the Court, the Honorable Judge John P. Chupp stated that Titan's motion for continuance of the hearing would be granted, but that Titan would have to agree to refrain from operations on the Quenichet property in the interim period through the hearing on MHOA's summary judgment motion. Also during the hearing before the Court, Titan's counsel stated to the Court that Titan was engaged in negotiations with another property owner to move the proposed drill site from the Quenichet property to another property. MHOA and Titan entered into a written agreement (attached to this letter) that the hearing on MHOA's summary judgment motion would be postponed until September, and Titan agreed "to refrain from malting any improvements on the Quenichet property, and to refrain from otherwise altering the property in any visible manner, including but not limited to constructing a road or bringing drilling equipment or laying pipeline on the Quenichet property" "until the conclusion of the hearing on Plaintiffs currently filed motion for summary judgment ...." As noted above, the hearing on MHOA's Motion for Summary Judgment on Declaratory Judgment Claim has been rescheduled to September 7, 2010. Please forward this information to the Commissioners of the Colleyville Planning and Zoning Commission for their consideration in advance of the public hearing on Titan's application on Monday June 28, 2010. If you have any questions regarding the matters addressed in this letter, please contact me at (214) 939-8684. I am available to meet with you and the Commissioners prior to the public hearing and/or during the public hearing. Thank you for your time and assistance. SMM/mj enclosure xc: VIA EMAIL Sincerely yours, ~ ~ ~ Shawn M. McCaskill AI Zito, President of the Monticello Homeowners Association, Inc. Robert C. Wiegand (firm) Jeffrey A. Lacy (co-counsel) Brigham A. McCown (counsel for Jeff Wall) 2 D 1554071 v1-23608/0004 LETTER 05/24/2010 08:21 8178789280 KELLY HART HALLMAN PAGE 02103 KELLY HART & HAI.LMAN LLP j01 MMNSfRl~i•Su~fl2b00 pent VVORTN, TONS 7d1p2 Telephones: (e17i 8aT-~S00 Tei.mpr: (e17i a7e•9xso Writ.r'a Dkeet Dial: (e17) !763596 Email Addfas: len.wede~ldth.o0m Mr. Shawn M. McCaskill Godwin Ronquillo P.C. 1201 Elm Street, Suite 1700 Dallas, TX 75270 Via Pax 214-527-3165 May 24, 2010 3pi Cgngr~t, Sulu 2000 AuFtin, Texa 78701 1000 Leuiliarp6 Sulu 470D Flowto~, Tomes 77002 RE: No. 141-234271-10; Monticello Homeowners Association, Ina v. Titstn Operating, LLC Dear Shawn: Tn eonnectian with judge Chupp's decision to great Titan's motion for continuancx of the June 3, 2010 summary judgm~erit hearing, it is my understanding that the parties have agreed as follows: 1. The deposition of Ms. Susan Easterly will occur at her counsel's office at a mutually agreed date afar Ms. Easterly produces docuatertts responsive to Titan's documtent requests; 2. The deposition of Mr. Jeff Wall will occur at his counsel's offioc at a mutually agreed date after Mr. Waal produces documents responsive to Titan's document requests. The parties rxogrsiu that Mr. Wall's health condition will affect the tinning of the scheduling of this deposition; 3. PlaintifFs summary judgment hearing wlll be resehtxluled for a dare no earlier than the second week of September and rw later then November 1, 2010. Before the hearing is scheduled, counsel will confer to attempt to sattedule the heating by agreement; 4. Titles agrees, until the conclusion of the hearing on Plaintiffs currently filed motion far summary judgment within the timeframe set forth above, to refrain from making any improvemenb on the Queniehet property, and to refrain from otherwise altering the property in any visible manner, including but not limited to constructing a road or bringing drilling equipment or laying pipeline on the Quenich~ property; 5. This parties agree that this letter agreement reflects tan effort by the parties to resolve disputed issues relating to discovery and is not an admission or waiver by either party as to the matters in dispute in this lawsuit The parties agree dint neither the existence nor the contents of this letteJ(~ age~eement shall be admissible at trial unless so ordered by the Court; =-' 1...} ._~..: :.J f, 1140391!_1 ~ ;- .\~ --~ Cl l'i -,. l:,i . 0 ..;~ ,r .C" W 05/24/2018 88:21 8178789280 KELLY HART HALLMAN PAGE 03/03 6. This letter agreement is intended to be bindidg on the pattits pursuant to Rule 11 of the Texas Rules of Civil Procedure and it is eff~tive unless otherwise agreed in writutg or unless modified by the Court. If thi.a agreement meets with your approval, Please sign this letter and reduce it to me via fax as soon as possible. Thtonk you for your cooperation. sincerely, l.en wane AC}REED: `~.,.._,r U y~. _ Shawn McCaskill, Attomcy for Plaiuatitf C: Marshall searcylTodd Spake ~~,asva i 2 Letters of Opposition To: Community Development Department City of Colleyvitle 100 Main Street Colleyville, TX 76034 From: Jerry and Dean Davis 7801 Jefferson Circle Colleyville, TX 76034 May s, Zoio 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 ~, .ta - R~DE{VED ~1AY 4 7 X01 P~~ ............. From: Webmaster -Deanna Griffin Sent: Wednesday, May 12, 2010 2:18 PM To: Ron Ruthven; Jennifer Fadden Cc: Mona Gandy Subject: Request for information re: Zoning Case Number: ZC10-003 Importance: High Good afternoon, I have searched your website for additional information regarding: Zoning Case Number: ZC10-003. We would like to review/obtain all site plans, studies and any other documents that pertain to this drill site that has been submitted to the Zoning & Planning Committee. 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 the Barn. Is the city going to exempt them from this restriction of the land development code because they signed a waiver? More importantly, the current plan violates 3.1, D, 13 (The revised site is right next to the creek that feeds into Trinity. In fact, the mud pit and proposed pond is a few feet from it.) 2. Is the City going to be responsible for health hazards if the proposed pond, mud pit or site contaminates the water? The City is considering putting this (see pictures} right next to a creek that feeds in to Trinity and waive the restrictions of 3.1, D 13? The current proposed drill site is a known area that floods,is a flood hazard, and a few feet from a 100 flood zone? 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 conveyances 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 10Q 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? htt txsharon.blo s ot.com 2009 03 natural- as- roduction-causin -water.html * Drilling will occur at depths of 8,000 feet below ground. The water table will not be affected as it is located just a few hundred feet below the surface. 6. Are you guaranteeing this? Who has confirmed this statement is true and is the City ready to take responsibility if this occurs? http•//earthworksaction.or~/PR EPApavillionDrinkin~Water.cfm EPA Cont'lrms Drinking Water Contamination by Toxics Used in Hydraulic Fracturing "Our families and neighbors are experiencing everything from miscarriages and rare cancers to central nervous system disorders, seizures, and liver disease" said John Fenton of Pavillion Area Concerned Citizens, a citizens group formed to address oil and gas contamination. '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:[1starteleRram.typepad.com/barnett shale/2010/04/tceg-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 - Deanna Griffin~~ Sent: Tuesday, May 11, 2010 1:34 ~M To: Amy Shelley Importance: High Hi Sharon, We need all the information we can get to understand what is going to happen to our community in Southlake and Colleyville. Titan has filed for an SUP in the city of Colleyville. They are very vague in their responses to our questions. Please point me to any information that will be helpful to our community. Thank you and God bless you for all you do in serving others. Zoning Case Number: ZC10-003 Applicant: Chris Hammack Location: 7612 Pleasant Run Road Property Description: 53.2 Acres in A-295 and A-1038 of the Hall Medlin and William E. Crooks Surveys Present Zoning: AG-Agricultural Requested Zoning: AG-Agricultural with a Special Use Permit for Gas Well Site The City of Colleyville has scheduled public hearings concerning the above referenced request on the following dates and location: Planning and Zoning Commission: Monday, May 10, 2010, at 7:OOpm (tabled until June 14, 2010) WE NEED YOUR HELP City Council: Tuesday, June 1St and June 15th, 2010 at 7:30pm City Council Chambers, 3rd Floor of City Ha11,100 Main Street, Colleyville, Texas This notice has been sent to all owners of real property within 200 feet of the request as such ownership appears on the last approved city tax roll. Action by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda and all property owners within 200 feet will be re-notified of the hearing. Rezoning request, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but with to have your opinions made a part of the public record, please submit written comments prior to the public hearing to the address below: Community Development Department City of Colleyville 100 Main Street 5/11/2010 Page 2 of 2 Colleyville, Texas 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, state law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Planning Department at 100 Main Street, Colleyville, Texas. For additional information, please contact the Community Development Department at 817-503-1050. Please reference the zoning case number when requesting information. Amy Shelley Planning & Zoning Assistant shelle~a ~?ci.colleyvil 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 John McCain and Pleasant Run. I travel through it at rush hour every morning and afternoon and it takes 3-5 minutes to get through. Any other time it is not a problem. Most of the traffic is from North Richland Hills and Keller, not Colleyville. At the meeting they discussed the "proposed 2020 traffic". This increased traffic will not be from Colleyville as we are fairly built out to the west of the intersection. The increased traffic will come from outside of our city. Why do we want to make it easier to cut through a residential area? Why do we want to spend 1 million dollars on the intersection and maintaining our roads for cars that do not belong to Colleyville? Again, this just does not make sense to me but maybe I am missing a piece of the puzzle. I would like the board/council to answer these questions before we spend 1 million dollars to change the intersection. The people who live to the west of the intersection need to understand why you want to do this and just cause more traffic. I would rather those people from the west take the major roads like Davis and Precinct up to Southlake Blvd. or 114. It only hurts our neighborhood to have more cut through traffic. I would like Colleyville to remain pretty, quiet and residential. Improvements on Hwy 26 are great but lets leave the neighborhoods as they are. Please evaluate these 2 items from this perspective. Sincerely, Nancy Farrar 7805 Jefferson Circle Colleyville TX 76034 The New Busy is not the old busy. Search, chat and a-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 MrJMs.Wieder - My family lives within the planned 1,000 foot drilling distance that Titan plans to drill a gas well adjacent to the Hills of Monticello neighborhood. We have lots of young children who live and play in this neighborhood. My wife, concerned neighbors and I are very worried about the future environmental impacts from this young and relatively unproven technology. We feel the city is being irresponsible by letting Titan Drilling companies press forward so quickly. How is it that Colleyville, which is so proud of our country lifestyle and has limited past road development because of it, now appears ready to actually have a drilling rig lighting up the city sky at night right in the middle of our country lifestyle? Here are our concerns: - New York state has banned this kind of drilling - Massive amounts of water used to release the gas - Impacts on the water table beneath us - Potential for unpredictable seismic activity - Release of dangerous benzene gases - Future impacts on 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 on your protection and so far, we don't see that protection coming. Sincerely, Phil Thompson From: Thompson, Phil Sent: Monday, May 10, 2010 12:40 PM To: Marty Wieder Cc: Ron Ruthven; Jennifer Fadden; Amy Shelley Subject: RE: Very concerned Colleyville citizen: Titan and the future of Colleyville? Thank you, Marty. Here are educational video and article links from December 2009 on the safety/lack thereof Hydraulic Fracturing drilling methods. http://www.cnbc.comlid/15840232/?video=1362653631 &plav=1 http:/iblogs.ei.columbia.edu/water/2010105/03/hydraulic-fracturing potential-for-contamination-of- drinking-water-sources/ http://energycommerce.house.gov/Press 111/20100218/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 V1A HAND DELIVERY Amy Shelley Planning and Zoning Assistant City of Colleyville Community Development Department 100 Main Street Colleyville, Texas 76034 RE: Written Protest of Zoning Case Number ZC10-003 Applicant: Chris Hammack Location: 7612 Pleasant Run Road Property Description: 53.2 Acres in A-295 and A-1038 of the Hall Medlin and William E. Crooks Surveys Present Zoning: 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 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 us at (817) 488-2390. Thank you, in advance, for your tune and consideration. Sincerely yours, ~[~GH1e//~. Arnoldo & Susan Easter y SHAWN AND LAURA MCCASHILL 601 POTOMAC PLACE SOUTHLAKE, TEXAS 76092 May 10, 2010 VIA HAND DELIVERY Amy Shelley Planning and Zoning Assistant City of Colleyville Community Development Department 100 Main Street Cotleyville, Texas 76034 RE: Written Protest of Zoning Case Number ZC10-003 Applicant: Chris Hammack Location: 7612 Pleasant Run Road Property Description: 53.2 Acres in A-295 and A-1038 of the Hall Medlin and William E. Crooks Surveys Present Zoning: AGAgricultural Requested Zoning: AGAgricultural with a Special Use Permit for Gas Well Site Dear Ms. Shelley: Pursuant to the Notice of Public Hearing for Zoning Case Number 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 Colleyville,TX 76034 1400 S. White Chapel Iitvd Southlake,TX 76092 May 10, 2010 Ron Ruthven Planning and Zoning Commission City of Colleyville 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 why 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 rosponsible city governments are waiting for more information to be made available before allowing further drilling. There is certainly no need for Colleyville to rush this decision until more facts are known. The gas isn't going anywhere. 2. The typical area needed for a gas well dr7lling operation. is between two and Lhree acres. This lease includes 53+ acres of land. To protect the interests of adjacent property owners, provisions of the current SUP should include language prohibiting any future development of the remaining 50 acres for industrial use. 3. The SUP is, in my estimation, an expedited mechanism, in this case, to allow an industrial activity to be inserted into a residential and agricultural zoned c<»nmunityc The success of Colleyville, in many ways, can be attributed to the foresight of developing a desirable and functional master plan, and sticking to it. At no time has the Colleyville Master Plan proposed an industrial zone in this vicinity. Making exceptions only causes conflict and portrays a position of lack of commitment. Granting of this SUP violates the Colleyville Land Development Code, Section 3.1 -125, parab~raph 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. T'he decision on the SIJP should be in concert with the existing land use plan. 'This 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 the desires of tlce producers. 4. Colleyville Land Development Code. Section 3.1 - 146, paragraph D.1.b. setback requirements from any public park. There is currently a park area within the 1,000 foot limit of the requested drill site. The park, which encompasses property in CoUeyville 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 infor7rration is quantified as to the use and purpose of water derwed from the grater well to be located on the site as required by paragraph D, as to the rate and quantity of extraction and hon• 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 furl 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 Che welts 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 marker,. How many 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 properly or in their vicinity? 6. VV}rile it is my belief that the approval of the SUP is a grave mistake for the residents and the city of Colleyville, should it be approved, there are additional restrictions that must be attached to the approval. Only minimal safeguards have been specified in the LDC for 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 resul~e or depressed natural gas prices, the visual barrier could be delayed indefinitely, or• possibly not installed at all. It is ridiculous not to have these barriers in position PRIOR to commencement of any drilling activity and this is born out by local examples. One is Chesapeake Energy's site at 8515 Harwood and Highway 26. This enclosure, complete with landscaping was frilly 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 rrot directly associated with the current drill site needs to be addressed prior to any approval and this information needs to be made available to the public at large. All the activities to date just reinforces to me that"Titan will comply with the absolute minimum requirements and if all requirements are not specified in advance of approval, they have little chance of being amended at a later date. Should this be approved, further natural screening should also be required along the Pleasant Run ROW as indicated by a detailed and comprehensive landscape plan. Sincerely y , % /f ;/ , p / ,~' ~` ~/ David R. Buffington Attachments: Exhibit "A" 4 :Photographs -Chesapeake Energ}' 8515 Harwood, North Richland Hills ,' ,, ~~ • f ~ 'at ~.:: T, t~S '{~ i ~ + .,-, k' `~~ ~_ec. '"* :, ~': Y _ .; ~ ~ ~ t 3 Ed {j ~ ~- __ • ~~ - -._ A 4., ~ ~ rr } L_~.- ~_. ~ _ ~. _ ~ + r 1 ~ !e = r ~ t~ .- d _ ,- _ ~ ~ - _d sa ~ i _ ~ y ~ r~-- --" ~` Y f 1 ~ ; ~ ~ _ 3 ~ t~ ~ t 7.. ~ ~ ~~ 7 r S ~ : ~S }.. .s, ~ ~Y KKK` ~. qt _ 'i T 1 r ~: , . i ~ -. ~ ~ } ' ~~ `= ~. t~~ t~ ~. 1 ~+ ~ ~ 4 _ ~ i ~ ~ , t ~ - t ~ - ~,~ ~ 1~Ti ! . S i~ _ y. ~ ~, K { ~'' ~ ~ ~ in ~- ' ~ ~ -- : i ~ ~ ~~ t . J S i ~ t 4 3 , 1 ~ ~ ~ ~~ " ~C ,_ ~~ si 9 ~ ~ ~ F_~ , 1 i F j - _ ~ ~~~ ~ ; 11 _ i# ~ , T r~ ~ ~ ' l~ t' , j ~ R•~ Sa - -_ - _. _a _ w 5 ~ F } - ~ _fT ,f . i , T ~ _ ~ . - .~ti J Rr ~ 1 ~ ! i.. ii ~_ 5 ~ r ~,~ t i`4 ~ ' ~ y' ..- _ ~., r~ ~,1-~' r ~y -: - ~. _ ~/ ~~ ( I y ry Y ~J `l' .. ~,le 1 r ~ ~,: _~ ~, " . _ `-.1/ =fit ~. _ t = , ` x ~' .:_ _ ^( ~ - ~ ~ I/ ~ ~- ~ ~ .. - tJ ~ ... From: David Rea Sent: Wednesday, May 19, 2010 4:29 PM To: wilkesct2@verizon.net; mike_clardy@sbcglobal.net; rrotthaus@bokf.com; Phelps-david@swbell.net; redfearn@bigfoot. com Cc: Ron Ruthven Subject: Case No. ZC10-003 (gas well drill site on Pleasant Run) Dear Colleyville Planning and Zoning Commissioners- First, let me thank you for taking the time to listen to concerned citizens regarding the serious issues surrounding the Pleasant Run gas well drilling site (Case No. ZC10-003). As you know, many communities in our area are grappling with this thorny issue. On the one hand, the U.S., as a nation, is striving to gain much needed energy independence, and on the other hand we are struggling with severe environmental concerns such as global warming, water quality, and air quality. The recent events in the Gulf of Mexico clearly demonstrate the potential risks involved in drilling, despite historical claims by the industry that this would never happen. More locally, Fort Worth, a city that has historically embraced drilling, has embarked upon an extensive air quality study this summer due to genuine concerns over safety issues. Flower Mound, another city that has had extensive drilling in their town, threw out the incumbent Mayor and several council members in favor of health oriented candidates (with 60% of the vote). Flower Mound has also now imposed a temporary drilling moratorium. Colleyville officials need to be asking, "what do these communities, who already have experience in drilling, know that we do not?" Colleyville needs to learn from the painful lessons experienced by Dish, Flower Mound, Fort Worth, and others that have moved from welcoming the drillers with open arms to calls for astate-wide moratorium. Clearly their experience is not a resounding endorsement of this activity. Citizen concerns are increasing with new information, not decreasing I 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 get out into the public domain because they know it will cause people to ask questions. Don't Colleyville citizens have a right to know about this before it is a "done deal"? 3) while improvements have been made in the site design since it was first proposed, the draft ordinance is still too vague in a number of instances. As an example, the draft states that..."during fracturing {completion) phase of drilling, the operator shall utilize environmentally friendly methods that act to recover natural gas through the use of permanent dehydrators and meter and flow the gas directly into a pipeline rather than venting or flaring." This sounds good, but what does it really mean? Is it the most up-to-date method for so-called "green completions"? Has an expert who is not affiliated with the drilling industry looked at this language and agrees that this is the current "blue ribbon" standard? 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 drillinq Finally, what has Colleyville done to prepare a detailed disaster response plan? The applicant is essentially a small privately held holding company with very employees of its own. They have stated they intend to rely upon third party sub-contractors for virtually all the drilling, fracing, and operations. What do we know about these sub-contractors? How do we prevent a BP/Transocean like event from occurring in our backyard? If disaster strikes (or perhaps when disaster strikes), what will the city do while the applicant points fingers at it subs and the subs point fingers at the applicant and meanwhile the well burns on? Sound familiar? Accidents do happen with these gas wells operations. In November 2009, a Chesapeake gas well exploded in Desoto Parish during routine maintenance killing one worker and forcing the evacuation of everyone in a two mile radius. More recently, a gas leak and explosion near Boca Chico Beach caused the shutdown of a nearby highway for days. The public records contain many incidents of this nature. Is Colleyville ready to evacuate a 2 mile radius around this well and handle the remediation of hazardous debris that can be strewn for miles around when a well blows up? The oil and gas industry would like us all to believe that drilling is safe and they can handle any emergencies. Are you willing to bet the lives and homes of all those around this well on this hope? Sadly, the BP situation clearly demonstrates the lack of substance behind the industry's party line. 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. 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'~ „ ~'~ ~ i I'T I I I ~_:~ r1-' ~T '_l', ~ ~~ _ x I^ I ~ „ z 'a, t., ~ ~` ~~ ~n ~, From: Diane Grillo Sent: Thursday, May 20, 2010 8:28 AM To: wilkesct2@verizon.net; mike_clardy@sbcglobal.net; rrotthaus@bokf.com; phelps-david@swbell.net; redfearn@bigfoot.com; jeff.byerly@tx.rr.com; larryknox@earthlink.net Cc: Ron Ruthven Subject: Case No ZC10-003 (Gas well drill site on Pleasant Run) Dear Colleyville Planning & Zoning Commissioners, Thank you for letting me speak at your last meeting. As one of the high impact homes located 1000 feet from the well site, every time I walk out my back door I will be looking directly at the well site. When we signed the leases we were told that the well site would be to the ]eft 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 Run) Case No ZC10-003 (Gas well drill site on Pleasant 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 stxessed. 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 Court Colleyville, TX 76034 817.428.2914 --- On Thu, 5/20/10, Diane Grillo wrote: From: Diane Grillo Subject: Case No ZC10-003 (Gas well drill site on Pleasant Run) To: Cc: rruthven(_7colleyville.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 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 abaut 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 al! 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 Letters of Support from CAMRA From: Susan K Medina Sent: Thursday, April 29, 2010 9:27 AM To: Ron Ruthven cc: 'christopher L. Hammack'; aric.head Ross.Melton Subject: Titan Operating ZC10-003 SUP for Gas well, 7612 Pleasant Run Rd. Letters of Support Ron, please consider this a formal request to transfer Titan operating's existing letters of support as submitted by CAMRA to Titan Operating zC10-003 SuP 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. eox 470959 Fort worth, Tx 76147 817.732.7719 office 817.732.7717 fax 817.707.1306 cell 713.557.6436 Houston Page 1 NAME ADDRESS STREET NAME CITY IN 200 NOTIFICATION AREA 1 Bryant Marbleall ? ? ? ? ~ 2 Robert Wittman ? ? Colleyville No 3 Charles Lamb 203 Adams Ct. Colleyville No 4 Michael Brown 508 Bandit Tr. Colleyville No 5 Bill Goodman 513 Bandit Tr. Colleyville No 8 Wayne ~ Kim Putlak 205 Bandit Trl. Colleyville No 7 William LeGrand 300 Bandit Trl. Colleyville No 8 Sandra LeGrand 300 Bandit Trl. Colleyville No 9 Wayne Beaman 501 Belmont Dr. Colleyville No 10 Wayne & Joy Beaman 501 Belmont Dr. Colleyville No 11 Joel & Gayle Maxwell 5701 Bent Tree Court Colleyville No 12 Brad Meyer 5703 Bent Tree Ct Colleyville No 13 Michael & Elizabeth Love 5700 Bent Tree Ct. Colleyville No 14 Jackie Lane 5702 Bent Tree Ct. Colleyville No 15 Gay Bearden 6000 Bettinger Colleyville No 16 Harold Cline 6316 Bettinger Colleyville No 17 Earl & Lucille Region 5805 Bettinger Dr. Colleyville No 18 Eddie & JoAnne Livingston 6108 Bettinger Dr. Colleyville No 19 Keri Davis 6201 Bettinger Dr. Colleyville No 20 Paul Copenhaver (Trustee) 6300 Bettinger Dr. Colleyville No 21 Doris Gray 6309 Bettinger Dr. Colleyville No 22 Jo Etta & Michael Feaster 500 Beverly Dr. Colleyville No 23 Tim Edwards 608 Beverly Dr. Colleyville No 24 Marion & Mildred Jenkins 609 Beverly Dr. Colleyville No 25 Claire Lopez 701 Beverly Dr. Colleyville No 26 Helen Lear/Nancy Migl-POA 5901 Bransford Colleyville No 27 B. Darrell & Barbara Gotcher 5816 Bransford Rd. Colleyville No 28 Phillip & Rachel Serra 6500 Caldwell Hughes Rd. Colleyville No 29 Maisen Baron Group 7113 Cedar Ct. Colleyville No 30 Kenneth Love 7200 Cedar Ct. Colleyville No 31 Rick Campbell 7205 Cedar Ct. Colleyville No 32 Richard Mullins 7208 Cedar Ct. Colleyville No 33 Clyde Nelson Van Nox 7300 Cedar Ct. Colleyville No 34 Patrick Quinn 7304 Cedar Ct. Colleyville No 35 Diana Quinn 73004 Cedar Ct. Colleyville No 36 Blake Stowes 7308 Cedar Ct. Colleyville No 37 Joe Acoveno 7309 Cedar Ct. Colleyville No 38 Charles Sledge 7317 Cedar Ct. Colleyville No 39 Mark & Laura Castrillon 6403 Champion Way Colleyville No 40 Mark & Kelli Gannon 6500 Champion Way Colleyville No 41 Joseph & Susan Kella 6504 Champion Way Colleyville No 42 Jonathan 8~ 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 62 Will Fergos 6204 Equistrian Ct. Colleyville No 63 David Dixon 601 Frontier Ct Colleyville No 64 Carolyn Mithcell 508 Frontier Ct. Colleyville No 65 David & Mary Livingstone 600 Frontier Ct. Colleyville No 66 Alfred Maddox 5700 Grand Oak Ct Colleyville No 67 Kathy Watkins 5704 Grand Oak Ct Colleyville No 68 David & Tracy Robertson 5701 Grand Oak Ct. Colleyville No 69 David Vincent 5702 Grand Oak Ct. Colleyville No 70 Frank & Judy Hall 5705 Grand Oak Ct. Colleyville No 71 David Adams 200 Hancock Ct. Colleyville No 72 Dana Allen 1405 Hardage Colleyville No 73 James & Anne Terry 1103 Hardage Cr. Colleyville No 74 Charles McDaniel 1101 Hardage Ct. Colleyville No 75 J. Daniel & Becky Smith 1102 Hardage Ln Colleyville No 76 Maria Ewing 1104 Hardage Ln Colleyville No 77 Tommy & Vickie Jordan 900 Hardage Ln Colleyville No 78 Gary & Melinda Wright 1006 Hardage Ln. Colleyville No 79 Cindy & Jimmy Stovall 1106 Hardage Ln. Colleyville No 80 Dennis Jones 1205 Hardage Ln. Colleyville No 81 J. Earl Morse 1207 Hardage Ln. Colleyville No 82 Steve & Ronda Polansky 6713 Herbert Rd. Colleyville No 83 Tim & Carol Dacy 6500 Horseshoe Bend Colleyville No 84 C.L. ~ Ruth Madden 6112 Hunter Lane Colleyville No 85 Thomas Panno 6114 Hunter Ln Colleyville No 86 Todd & Lisa Pipes 6117 Hunter Ln. Colleyville No 87 Jerry ~ Carolyn Allen 5917 Hunter Ln. Colleyville No 88 Brad & Bev Young 6100 Hunter Ln. Colleyville No 89 Christine Combes 6106 Hunter Ln. Colleyville No 90 Margaret Yoes 6113 Hunter Ln. Colleyville No 91 Robert McGregor 6115 Hunter Ln. Colleyville No 92 Robert McGregor 6115 Hunter Ln. Colleyville No 93 Dennis & Karen Trimble 6803 India Ct. Colleyville No 94 Michael Murphy 7606 Jefferson Cr. Colleyville No 95 Sharon & Ronald Mayfield 7700 Jefferson Cr. Colleyville Yes 96 Kenji Nishikawa 8005 Jefferson Cr. Colleyville No 97 Vance Solis 7200 Jo Will Colleyville No 98 Jimmy & Jan Isbell 7204 Jo Will Colleyville No 99 Terry & Martha Walker 7109 Jo Will St. Colleyville No 100 Barbara Maples 7112 Jo Will St. Colleyville No 101 Vincent & Mitzi Divino 7113 Jo Will St. Colleyville No 102 Randall Miller 7400 Jo Will St. Colleyville No 103 Randall Miller 7400 Jo Will St. Colleyville No 104 Gregg Hart 1901 John McCain Colleyville No 105 Matthew Jamieson 7207 John McCain Rd Colleyville No 106 Niniah Jamieson 7207 John McCain Rd Colleyville No 107 Ben & Roxanne Jones 104 John McCain Rd. Colleyville No 108 Dale & Roxanne Holt 116 John McCain Rd. Colleyville No 109 Opal McBroom 512 John McCain Rd. Colleyville No 110 James Draper, Jr. 7300 John McCain Rd. Colleyville No 111 Ann Epperson 7308 John McCain Rd. Colleyville No 112 Larry Epperson 7316 John McCain Rd. Colleyville No 113 Sean Bryan 7506 John McCain Rd. Colleyville No 114 Dale Miller 6405 Kentucky Ct Colleyville No 115 Rhonda Crocher & Kenneth Young 6500 Kingston Colleyville No 116 Joe ~ Kay Hanzelka 6508 Kingston Colleyville No 117 Ed & Cynthia Bittick 6405 Kingston Dr. Colleyville No 118 Tom Shears 6504 Kingston Dr. Colleyville No 119 John & Diane Pce 6004 L D Lockett Rd Colleyville No 120 Kathy Pirkle 807 Laurel Oaks Ln. Colleyville No 121 kathy Scovic 809 Laurel Oaks Ln. Colleyville No 122 Jimmy Labrecque 6212 LD Lockett Colleyville No 123 Don Dixon 6012 Ld Lockett Rd Colleyville No 124 Rachel Whittlesey & Scott Burnett 6208 LD Lockett Rd Colleyville No 125 Lonnie & Nancy Williams 7609 Leesburg Dr. Colleyville No 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 & Jennifer Azbell 7207 Monticello Pkwy. Colleyville No 136 Tom Loesing 7503 Monticello Pkwy. Colleyville No 137 Randy & Becky Petree 7605 Monticello Pkwy. Colleyville No 138 Tuong-Khanh Vu 8105 Montpelier Way Colleyville No 139 Miles & Sandra Davis 7510 Mount Vernon Colleyville No 140 George Scott 7502 Mount Vernon Dr. Colleyville No 141 Larry Lewis 209 Oaklawn Dr. Colleyville No 142 Ralph LaRovere 306 Oaklawn Dr. Colleyville No 143 John Terhoeve 1204 Opal Court Colleyville No 144 John Terhoeve 1204 Opal Court Colleyville No 145 John Terhoeve 1204 Opal Court Colleyville No 146 Paul & Tammy Lightfoot 1204 Opal Court Colleyville No 147 Todd Boysen 1205 Opal Ct. Colleyville No 148 Michael & Melissa Gonzales 7412 Overland Tr. Colleyville No 149 Beverly Schroeder 7204 Overland Trl. Colleyville No 150 Wesley R. & Carol Eaves 7409 Overland Trl. Colleyville No 151 Jack Bowling 6100 Park Ct Colleyville No 152 Christopher & Heather Derganc 1013 Pauls Path Colleyville No 153 Lori Bowden 7205 Pebble Hill Dr. Colleyville No 154 Orlando Alamzi 6805 Peters Path Colleyville No 155 John Allen 6813 Peters Path Colleyville No 156 James Gribschaw Jr. 6905 Peters Path Colleyville No 157 Scott Brodows 6913 Peters Path Colleyville No 158 Gregory & Susan Oltman 7001 Peters Path Colleyville No 159 Brian Bezdek 7101 Peters Path Colleyville No 160 Richard & Debra McLaughlin 7108 Peters Path Colleyville No 161 Peter & Geraldine Fedynich 7109 Peters Path Colleyville No 162 Mona Coulter 6105 Pleasant Run Colleyville No 183 Jon Reitman 5702 Pleasant Run Rd Colleyville No 164 Tod & Deborah Chasezewski 5707 Pleasant Run Rd Colleyville No 165 Larry Stewart 5912 Pleasant Run Rd Colleyville No 166 Eddie Stowe 6014 Pleasant Run Rd Colleyville No 167 Frankie Ann Stowe 6212 Pleasant Run Rd Colleyville No 168 Joe & Cheri Spurlock II 6816 Pleasant Run Rd Colleyville No 169 Kenneth McKeown 6909 Pleasant Run Rd Colleyville No 170 Lynne McKeown 6909 Pleasant Run Rd Colleyville No 171 Stephen & Renee Morris 7201 Pleasant Run Rd Colleyville No 172 Stephen & Brooke Moose 7204 Pleasant Run Rd Colleyville No 173 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 174 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 175 Scott & Mary Willis 6114 Pleasant Run Rd. Colleyville No 176 Michael Burkham 6604 Pleasant Run Rd. Colleyville No 177 David & Jennifer Scott 6704 Pleasant Run Rd. Colleyville No 178 Robert Pool 6905 Pleasant Run Rd. Colleyville No 179 Michael Abeyta 6908 Pleasant Run Rd. Colleyville No 180 Linda McCrary 408 Polo Ct. Colleyville No 181 Steve & Mary Ann Mansell 320 Polo Tr. Colleyville No 182 Ben Wasson 304 Polo Trl. Colleyville No 183 Lynn Putnam 315 Polo Trl. Colleyville No 184 Gary McPherson 316 Polo Trl. Colleyville No 185 John Keany 203 Polo Trl. Colleyville No 186 Dan & Vikkie Chaney 5904 Ponderosa Colleyville No 187 Kevin Gavlak 5712 Ponderosa Ct. Colleyville No 188 James & kerry Kniese 6512 Ponderosa Ln Colleyville No 189 Jonathan Lee 6412 Ponderosa Ln. Colleyville No 190 Charles Smith 6417 Ponderosa Ln. Colleyville No 191 Mike & Becky Wells 5602 Ponderosa St. Colleyville No 192 Jefferey Billups 5704 Ponderosa St. Colleyville No 193 Danny Rich 5706 Ponderosa St. Colleyville No 194 Jimmie Vaughan 5812 Ponderosa St. Colleyville No 195 Kenneth & Martha Mauch 5903 Ponderosa St. Colleyville No 196 Daniel & Tresa redmond 5905 Ponderosa St. Colleyville No 197 Misty Parshall 5912 Ponderosa St. Colleyville No 198 Gary Touchstone 6208 Ponderosa St. Colleyville No 199 Arnolodo & Susan Easterly 604 Potomac Place Southlake No 200 Alfredo & Cinde Perales 209 Raintree Ct. Colleyville No 201 Jeff & Fredda Hall 504 Remington Ct. Colleyville No 202 Vicky Gardner 511 Remington Ct. Colleyville No 203 Danna Ward 500 Remington Pkwy. Colleyville No 204 Ron Magnuson 6304 Remington Pkwy. Colleyville No 205 Tracy Evatt 200 Rochelle Ct. Colleyville No 208 Dan Moody 6901 Rockingham Ct. Colleyville No 207 Tom Trautman 500 Sagebrush St. Colleyville No 208 Kenneth Fraser 501 Sagebrush St. Colleyville No 209 Darrel Keith Baldwin 508 Sagebrush St. Colleyville No 210 Edward Fietel 509 Sagebrush St. Colleyville No 211 Evelyn L. McLain 512 Sagebrush St. Colleyville No 212 Craig Toby 6624 Sapphire Cr. Colleyville No 213 Bryan & Caren Jones 6722 Sapphire Cr. Colleyville No 214 Randy Beeman 6705 Sapphire Cr. N Colleyville No 215 Phillip Agboje 6729 Sapphire Cr. N Colleyville No 216 Gerri Musso 6701 Sapphire Cr. N. Colleyville No 217 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 218 James & Paige Richey 6713 Sapphire Cr. N. Colleyville No 219 Vincent Smar 6714 Sapphire Cr. N. Colleyville No 220 Hanping Lu 6721 Sapphire Cr. N. Colleyville No 221 Casey & Tanya Tierney 6725 Sapphire Cr. N. Colleyville No 222 Glenn Griggs 6600 Sapphire Cr. S. Colleyville No 223 Michael Flores 6604 Sapphire Cr. S. Colleyville No 224 Suresh K Manyam 6609 Sapphire Cr. S. Colleyville No 225 Whitney Stark 6615 Sapphire Cr. S. Colleyville No 226 Sidney & Lucy Xue 6620 Sappphire Cr. S. Colleyville No 227 Bill & Beverly Lothrop 609 Shelton Dr. Colleyville No 228 Billy & Dinah Stephens 612 Shelton Dr. Colleyville No 229 Ronnie & Donna Walker 804 Shelton Dr. Colleyville No 230 Tom & Julie Braun 809 Shelton Dr. Colleyville No 231 Billy Hugon 609 Shetland Colleyville No 232 Pamela Skotak & Hilton Marques 608 Shetland Dr. Colleyville No 233 Zubin Khubchanduri 612 Shetland Dr. Colleyville No 234 Zubin Khubchanduri 612 Shetland Dr. Colleyville No 235 Johnnie Crisp 613 Suellen Cr. Colleyville No 238 Terry & Debbie Bouton 611 Terrace Ln. Colleyville No 237 Jeffrey Embrey 6301 Theresa Ln. Colleyville No 238 Walter Deetz & Sandy Shepherd 7603 Tillman Hill Colleyville No 239 Louis & Elizabeth Miller 7802 Tillman Hill Ct. Colleyville No 240 Richard & Helen Mayse 7501 Tillman Hill Rd. Colleyville No 241 Michael & Marsha Bratz 7503 Tillman Hill Rd. Colleyville No 242 Gerald Usrey 1008 Tinker Rd. Colleyville No 243 Wesley Agler Jr. 1009 Tinker Rd. Colleyville No 244 Gary & Barbara Jenkins 1212 Tinker Rd. Colleyville No 245 Alan 8 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 260 James & Marla Tatum 301 W. Charlottesville Ave. Colleyville No 261 Michael & Carol Burke 309 W. Charlottesville Ave. Colleyville No 262 Richard & Janet Cunningham 311 W. Covington Way Colleyville No 263 Henry Wells 413 W. McDonwell School Rd Colleyville No 284 Mickey Harris 109 W. McDonwell School Rd. Colleyville No 285 Carter & Yvonne Hatton 307 W. McDonwell School Rd. Colleyville No 286 Norman Arkoos 501 W. McDonwell School Rd. Colleyville No 287 Ronald Mason 805 W. Murphy Colleyville No 268 Gregory S. Simpson 209 W. Van Oaks Dr. Colleyville No 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 278 George & Kay Standridge 7200 Waldon Ct Colleyville No 277 Mike Harvison 7208 Waldon Ct Colleyville No 278 Jason Taylor 7209 Waldon Ct Colleyville No 279 Neil & Melinda Both 7101 Waldon Ct. Colleyville No 280 Marco Coppola 7105 Waldon Ct. Colleyville No 281 Clarence & Joy Lee 7109 Waldon Ct. Colleyville No 282 Trent Bauer 7113 Waldon Ct. Colleyville No 283 Steven 8 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 Correspondence Received 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 4uality. 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 http•//www star, telegram 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. net NORTH CENTRAL TEXAS COMM UNITIES ALLNNCE `F y~ S '1 T- Those wha say it cannot be done should get out of the way of those doing it AI R QUALITY The Health Impacts to You and Our Children When: Thursday, June 3, 201 Where: HOTEL TRIN'1TY INN S111 ~~ES 2000 Beach Street and IH30 Fort Worth, Texas ?6103 Networking 6:30 pm Meeting 7:00 pm Featured speaker, Wilma Subra Ms. Sabra holds degrees in Microbiology and Chemistry from the University of Southwestern Louisiana. She has received the MacArthur Fellowship "Genius" Award tram the MacArthur Foundation for helping ordinary citizens understand, cope with and combat environmental issues'in their communities. She also was one of three finalists fn the Ernnronmentai Category of the 2004 ~~'; Volva for Life Award. Wilma started Subra Company, a chemistry tab and environmental consulting l firm, in 1989. Her goal was to help citizens and coromunifies understand exposure and health effects of toxins in their envirortmer~t, "No one was ooking out for community groups," Sabra says about the early days of her company. Located to 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. "I`ve never had to turn anybody dawn," Subra says. "They may have toy wait a few days, but if they ask, I will do what I can to help them." www.nctca.net June 10, 2010 City of Colleyvilie Planning and Zoning 100 Main Street Colleyville, TX 76034 Dear Mr. Byerly, I know you are scheduled to continue to a dialogue regarding the Titan Gas Well Permit application in the coming weeks. It is likely by now you have heard the news pertaining to the false statements made by the TECQ regarding the testing done last winter. That said, I wanted to share with you some RECENT headlines that should concern us all as well: 1. June 5, 2010 =Star Telegram "Workers take 16 hours to stop blowout at Gas We11" 2. June 5, 2010 =Star Telegram "More than 20 blowouts have occurred in the Barnett" 3. June 6, 2010 = WFAA "DISH residents alarmed about contaminated water" 4. June 8, 2010 = CBS11TV "Johnson Co. Gas Line Explosion kills Okla. Man" Everyday I use the four-way intersection of John McCain and Precinct Line, I know that this road cannot handle the amount of heavy Truck traffic that will be making there way to this proposed site. Emergency crews will not be able to get to this site if a lane is blocked, or traffic is backed up on the other side - as no shoulder exists. I would encourage you to postpone consideration of this permit until AFTER the upgrade to this intersection is complete. Perhaps after that time even more information on the Barnett Shale drilling will yield a clear recommendation to the City Council. Thank you~fq~ your time to serve us a11, r. ~~ r ~'', David Adams 165 Creekway Bend Southlake, TX 76092 949-636-7170 attachments RECEIVE JUN 1 4 201Q Per ............. ;3~.~ ~ ., PENNSYLVANIA workers ~a~ze 16 hours to . stop blowout at gas well~~ The well never caught fire, and no injuries were reported, ,but state officials had worriedthat the'gas might explode " ~ before the well could be controlled. i By MARC LEVY The Associated Press ' ~ IIARRISBURG,~ Pa, - Natiu'al'gas and fracturing fluid from an F out-of-control Pennsylvania well shot 75 feet into the air before 9 crews could tame. the flow of explosive gas more than half a day, _- .later, officials said Friday, " The well was brought undez control just after noon Friday; Z about I6 hours after it started spewing gas and wastewater, said ~~ Elizabeth Ivers, a spokeswoman for Houston-based drillerBOG a .Resources. EOG is also a ma or natural as and oil roducer in ,z ~~ the Barnett Shale of NorthTelx~s;wh~reahe companyhad 12 rigs g drilling Friday ~ ~ . ~s ~ Iveis said she could not immediately respond to questions ?b about how the accident happened. Public safety' and, protection °F of the environment are o_f the'utmost irnpbrtance, the company ~~ said in a statement: ~ ~ ' [i 6C The well never caught fire, and no injuries were reported, but of state ~official5 had worrier<I that the gas might explode before the ez weli,coiild be controlled."State environmental authorities'prom- B`- ised an aggressive investigation of the circumstances surround- b~ in the blowout: fl~ ~ g".The event at the well~site could have been acatastrophic iri- cident that ~nd~ngered life and''propefty" John Hanger, secre- '9~ iary of the Department of Environmental Protection,. said in a _ , 't~ ~ .More on BLOWOUT on 4C Z. _ j, , ~. 9 'b ,. . _ _ . JOR INDEXES . . _ _ __ _: C,vn..:.__. _ : "Close Change Close _ Change 9,931.97 Dow -323.31 ~ Gil $71.51 $3.20 _ Nasdag_ 2,21917 -83.86 rl-N T x~o9t a $71.09' x$1,83 7 "5&P 1,06488 ~. ~ -37.95. ~ ~.''"G ~~.~ $4:80 ~$o.ll t 1UTOYVIAKERS M www.star-telegram:com ~M to form venture: capital-frmwith X100 r~.illion 'he subsidiary plans to invest in tors Venttu~es, plans to invest.in startup tourers," Stephen Gu~sky, a GM vice chair- . tartup companies in several fields. ~ companies working in a variety of fields, man for corporate strategy and new busi- ' including renewable fuels,v~formation Hess development, said in a statement. ly NICK BUNKLEY ~ and entertainment 'systems, and ad- ~"Our goal is to nurture these izurovative ne New work Times vanced materials. technologies to help bring them to market, )ETROIT -General Motors said Friday GM has identified some potential tar- and to ensure our customers have access hat it is cbmnutting $100 millioh to form gets and expects to announce .its first in- to the best technology available:' is own venhue capital firm as it seeks new .vestments soon, said a spokeswoman, Joh Lauckner, who has been GM's vice echnologies that can provide an advah- 'Sherrie Childers-Arb. president for global product planning, will age over competitors. •~ "We are consrandy looking for ways to oversee the venture capital effort starting. The subsidiary, known as General Mo-. , deliver the best technology for our cus- , ~ July 1, reporting to Girsky~ . ,yATURAL GA5 ~1~ore than 20 blowouts have occurred ir~~~Barnett A 2006 blowout killed an Fort Worth's decision to XTO worker at a well in double, from 300 to 600 feet,. Forest Hill. ~'' ~ the distance that wells could be drilled from 8y JACK Z. SMITH . ; _ homes, although energy jzsmith@starvtelegram.com ~ COmpameS car>, seek vari- Well blowouts are unusual, ances allowing them to drill unheard of ' ' but certainly no[ closer: , irr North Texas' Barnett The drilling death in For-, Shale, the largest natural est Hill was the first in Tar- gas-producing area in the rant County, but a similar ' U.S. ~ Haslet blowout in 2002 in On April 22, 2006, a forced the evacuation of 30 blowout killed a worker, homes. Robert Dale Gayan, 49, at err , An April 2006 Star-Tele- XT0 Energy well site in For- gram report, citing Texas est 1-lill,'south of Fort Worth. Railroad Commission data, XTO. said Gayan ''rep said that there had been 14 moved a safety plug from blowouts at Wise Cotmty within a valve port iir error, wells ,and four at Denton while there was pressure bn County wells since 1997, the wellhead." The result with no injuries reported in was an explosive "blast of these incidents. water and natural gas'' that , In December 2005; an stnick Gayan, the company ~ explosion at a drilling site in said; describing it as a "rare Palo Pintd County blew a accident ..:unlikely to re- huge crater in the ground; ctu~,'`. ~ no one was injured. The :Tlre accident ~ occtured commission said gas from a , between the first and sec- newwell seeped into an old, and stages of hydraulic frac- uncapped well nearlry and tururg, which is done to en- began to bubble out of the able a large flow of gas,into ground before igniting. the wellbore. Fracturing fol- Conunission ~ officials lows drilling and precedes could not be reached- late ` hgoking up the well to ii Friday for official informa- pipeline to begin produc- tion on blowouts of Barnett bon. Shale wells. The accident occurred at This report includes mater'raI from . the well surface, rather than the scar-telegram archives. . underground, XTO said. .: `. Tt was a major factor in =~acK z. s~rrH, an-39o-rrza ~lo~vout: Wastewater was l~ept~out of a ~water~vay , CONTINUED FROM 1C statement. "This was not a mi- Workefs evacuated the site ~. nor accident, but aserious inci- and contacted the Pennsylvania dent that will be fully investigate Emel•gency ManagementAgen- ' ed by this agency with the cy, he said.. Environmental Pro- appropriate and necessary. ac- ' tection wasn't notified anti} 1:30 dons taken gtuckly." , a,m., more than five hours later. If the agency finds that rriis- The polluted water flowing takes were made, it will ,take out of the well and into the .steps to prevent similar errors, woods was stopped by a trench Hanger said. He did not elabo- and a pump installed by a con- rate on any envizonmental tractor, Spadoru said. Compa- damage. Hies that specialize in securing There are no homes within a out-of-control wells were called mile of the well, and wastewater in, he said. containing fracturing chemi- David Rensink, incoming cats and salt was prevented presidentoftheAmericanAsso- from reaching. a waterway, said ciation bf Petroleum Geologists,' Dan ' Spadoni, an agency said gas well blowouts are very spokesman; rare but can be very dangerous The well is on the grotulds of, to control, as a spark can set off a hunting club in Clearfield an explosion. Securing one can County, about 90-miles north- take days, he said. east of Pittsburgh.EOG was drfl- 'l~~pically; valves called a ling into .tl~e Marcellus Shale, a , blowout preventer sit atop a hotly .pursued gas formation well- and allow workers to con- primarily under Pennsylvania, trol the pressure inside, he said. West Virginia, ~ New York and A blowout, preventer also fig- Ohio that some geologists be- used into the massive oIl spill off lieve could become the natio~is Lorusiana. The device was sup- ' most productive natural gas posed to shut off the flow of oil ' field. Many energy companies in the event of a catastrophic active.in the Barnett are also ac- failure but did not. tive hr the Marcellus. There are mare than ],000 ' The crew had just finished Marcellus Shale wells in Penn- hychaulicfracturing-inwhich sylvarua alone, some~of them millions of gallons 'of water, within view of homes, farrii- ' sand and chemicals. 'are houses and public roads. pumped tmdergrotmd to shat- On Friday, a worker blocked ter tightly compacted shale and a dirt road to the site, while release trapped natural gas -- trucks hauling water tanks and were clearing debris fxom streamed past him. He Said he, the well when gas shot out, Spa• was not allowed to talk about dotri said. what had happened. DISH residents alarmed about contaminated water ~ wfaa.com ~ Health ~~om D1kl.LASl FORT 44~~fRTH I WFAA-TV DISH residents alarmed about contaminated Ovate r by JONATHAN BETZ WFAA r'"~Posted on June 6, 2010 at 9:59 PM {~~` _.__- `•`Updated•todaq•at•8'~9 Arut`~__._.r- Page ] of 2 DISH, Texas -Early results from a Texas Railroad Commission study show unusually high levels of poisonous chemicals in the groundwater near a natural gas drilling well, according to town leaders in DISH, a tiny community southwest of Denton. ..._ J...... The sample tested the water of a home in the town and. found high levels of arsenic , f.. ~~' and lead. ~1,~',r~•d~. ~~1`"-t "~ DISH Mayor Calvin Tillman says it's more evidence the natural gas wells that dot his town are polluting the water. "It's very likely our water issues can be directly attributed to the oil and gas drilling," he said. The town has been called the Grand Central Station of the Barnett Shale. Nearly a dozen major pipelines converge here, and more than 5o wells sit in or around this town of only i8o people. One of those drilling wells is just behind the Smiths' backyard. The family, like many in this rural area, relies on a well on their property for drinking water. For years, it delivered crystal clear water to their home. However, almost immediately after Devon Energy began drilling feet from their yard last year, their tap water turned a .milky gray. ~.~.._.i,-_-~-----r-- --•--i.._._.,.n__-t~i_mTrrT ..,,_:a,._~.. ,.i...........a ..w,...~ ,,,,~4,,._..:~„~„a ...,.F,... nc-rn ~ior~nin Johnson Co. Gas Line Explosion Kills Okla. Man - cbsl ltv.com Page 1 of 1 iere's What's Hot On CBSIITV.COM: r ~ In To 88 Ovt: Gay • Snaking Celebrity SuleWas ~~ ". ~ E Caiebrlties • Texas DeaM Row ~r • Dallas Cowboys • Video Library .liln li 7_n1n 1% 1 f pm I ISiI' itr;rl `-- son Co. Gas Line Explosion Kills Okla. Man FOH7 SPUNKY (CRS I t / "I"~A Z I) -- Crews pulling uD Power piles near an undergrountl natural gas line in Johnson County were injured Monday when the gas line exploded, killing one and injuring eight others. Authorities identified the man kiaed as 45•year•dd James Robert Neese of Ramona, Okla. Y The explosion happened aro d 3:00 p.m. just ver the Johnson County border from the Hood County community of Fort Spunky. . r Wdnesses reported seeing a blaz t a covered nce of 400 to 600 feet after a natural gas line expoded, sanding (lames shooting through the. 'i ail in Johnson County Monday aft (noon. Ate W 4:42 p.m., t gas vaves were shut off and the fire Slopped. Six d the injured individuals drove themselves tb a Glen Rose Hospital. One was taken by ambulance and another was taken by a CareFiile helicopter to CSCk to rarknn~' Texas Health Harris Methodist Hospital in Fort Worth. 1 of 4 viewer photo from Kana Ross Tne body of 45-year-old Neese, a worker believed to be working nearest to the line, was found early Monday evening after a search, Neese had worked KM J KTXA for Oklahoma-based C 8 H Power Pole Company, in its various forms. for some 15 years. Related Slideshows Johnson County ShwiN Bob Alfortl says the crew was tlrifling power line piles for C 6 H near the Spunky natural gas compression lacility when they hit Natural Gas the gas line. Pipeline Explosion. June No nearby residences were evacuated. 2010 Fred Haag, the chief operating oRCer fa C 8 H. says its new followed the proper Orocedures in locating the Ilne belore digging. Texa3 Railroad Commissioner Michael Wtlliams says cells were made to locate the line but his agency iS investigating what was said during those calls. What was unclear, said Williams. is whether Ina drilling crew was in the location it had called about, whether the pipeline location was marked property or whether the crew had called about one line not knowing there was a second line only 20 feet away. Fire officials said (hey did not fight the blaze with water, put needed to cum oft two shut-oH valves. These were estimaletl to be about a half mile away Irom the scene. Reports from oRictals on the scene indicated that Fort Worth-based Quicksilver Resources owns the line. Quicksilver said the pipeline is owned by Enterprise Texas Pipeline of Houston, but they did shut their plants end wells in the vicinity d the rupture. The Texas Railroad Commission, which regulates dl and gas pipelines, said initial inrorrnelion shows that the line is a 36-inch natural gas transmission kna. The Railroad Commission. Environmental Protection Agency and Texas Commission on Env'rconmental Quality are aI1 investgating the explosion. (r~ kdMX. CfiS Rroadc.rvunq Inc:. A8 Flglhls Reserved.} STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC QUENICHET SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site, a frac pond, and access road for the drilling, completion, and operation of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan Quenichet wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 1300 acres of Titan leases. The proposed gas development will focus on the Barnett Shale, encountered at subsurface depths at approximately 8,900 feet. VEHICULAR ACCESS TO THE WELL SITE LOCATION Vehicular access to the well site will be from SH 26, west on Tinker Road, north on Pleasant Run Road, to the well site entrance. The drive approach from Pleasant Run Road will be constructed of concrete. At the entry, a double gate will be recessed into the property to accommodate truck movements from the roadway onto the lease road. Fire access will be provided and the road will be maintained in accordance with all local, state and federal requirements. DEVELOPMENT PHASING Titan Operating anticipates the initial construction on the Quenichet pad site to begin the 3~d or 4th quarter of 2010. After construction of the pad site Titan anticipates the drilling of 2 to 4 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 13 wells off the site over the next 5 to 7 years. All producing wells will be plugged at the end of their economic life. All plugging will be in accordance with applicable Texas Railroad Commission regulations. -1- ACCESSORY STRUCTURES Accessory uses for the proposed gas development will include well heads, storage tanks, separation facilities, and other uses necessary and customary to gas development. During drilling operations, all equipment will be secured by a 6' tall chain link fence with a secured entrance gate. A reflective sign will be posted at the drill site and operations site identifying the entrance to the site and include the well names and numbers, name of the operator, emergency 911 number, and the telephone numbers for 24 hour emergency contacts. No refining, except for gas dehydrating and physical phase separation will take place on this site. Temporary diesel fuel tanks, generators, construction trailers, steel mud pits, pipe racks, and drilling rig will be located within the drilling pad site. The drilling rig and associated drilling equipment shall be removed from the well site as soon as practical after completion of the well or drilling activities. WATER CONSUMPTION Once well permits have been obtained from the Texas Railroad Commission and roads have been extended to the well location, drilling can commence. The drilling of each well will require approximately 420,000 gallons of water over a three (3) week period. Once a well has been drilled and determined to have the potential for commercial production, the completion process will begin. In order for the Barnett Shale to be commercially productive it must be fracture stimulated. This involves pumping a large amount of water at high pressure into the formation to create a fracture in the rock. A small amount of sand is mixed with the water to hold the fracture open once the procedure is completed. This permits the gas to flow more easily from the rock into the well bore. Each fracture stimulation requires approximately 4.2 million gallons of water. Once the water is in place, the actual stimulation process will take approximately eight (8) hours. Water for the drilling, as well as the fracture stimulation, will come from a proposed frac pond of approximately three (3) acres to be constructed by the operator, with water purchased from the City or well water. The water stored in this pond will service multiple wells. WASTE CONTROL Water and drilling mud utilized during the drilling of the wells will be initially stored in closed-loop drilling fluid systems located on the pad site. Ultimately, the water and drilling mud will be removed by truck and disposed of in accordance with the requirements of the Texas Railroad Commission. -2- Water and condensate from gas production will be stored in 250 -barrel (bbl) tanks within the well site location. The tanks will be located within a secondary containment ring with anon-permeable berm or liner capable of holding one and one-half (1-1 /2) times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. The tanks will also be equipped with a sensing device that will shut off the well should the tank become full. The contents of the tank will be emptied by a commercial operator and disposed of in accordance with the requirements of the Texas Railroad Commission. FIRE PROTECTION All fire suppression and prevention equipment required by any applicable federal, state, or local law will be provided and maintained by the Operator. All contractors will have portable fire extinguishers at the drill site and fire extinguishers will be located at various locations a the drill site. The tank battery facility will be equipped with a remote foam line utilizing a two and one-half (2.5) inch National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system will be installed according to the most current edition of the National Electrical Code. At any gate enclosure, the City Fire Marshal will be provided a knox box with a key for emergency access. DRAINAGE No well-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located in the 100-year floodplain. Erosion control shall comply with the erosion control plan approved by the City. ENVIRONMENTAL The proposed gas development will be in compliance with all state and federal environmental regulations and will not adversely affect the floodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this lease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris -3- deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water or other dust suppressants. Drilling and production operations shall be conducted in a manner to minimize noise levels. Noise from drilling, completion and rework operations are limited in time from a few days to a few weeks. Noise from drilling activities will not exceed sixty five (65) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from fracturing operations will not exceed eighty five (85) decibels at any point three hundred (300) feet from the boundary of the drill site. Noise from the operation site will not exceed fifty five (55) decibels beyond the boundaries shown on the associated site plan. Lighting will be shielded and directional toward the well site so that it will not disturb, be a nuisance, or safety hazard to adjacent properties, residential areas, or public thoroughfares. SCREENING The equipment on the operation site will be screened from public view by a combination of a six (6) foot high solid screen fence, trees, shrubs, and natural vegetation that is being preserved. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in good condition at all times. -4- Transportation Route Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP ADDRESS Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 7401 PLEASANT RUN RD Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 7408 PLEASANT RUN RD Trinity Chris Center Inc 2442 Michelle Dr Tustin CA 92780 7404 PLEASANT RUN RD Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7304 PLEASANT RUN RD Trinity Chris Ctr Santa Ana PO Box A Santa Ana CA 92711 7302 PLEASANT RUN RD Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 7300 PLEASANT RUN RD Harrison, Cynthia 800 John McCain Rd Colleyville TX 76034 800 JOHN MCCAIN RD Morris, Stephen 7201 Pleasant Run Rd Colleyville TX 76034 7201 PLEASANT RUN RD Trinity Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 7200 PLEASANT RUN RD Miller, Douglas L Etux Cynthia 7112 Pleasant Run Rd Colleyville TX 76034 7112 PLEASANT RUN RD Kitchens, Michael Etux Patrici 7101 Pleasant Run Rd Colleyville TX 76034 7101 PLEASANT RUN RD Trevino, Gerardo 600 John McCain Rd Colleyville TX 76034 600 JOHN MCCAIN RD Gentry, Carol Ann 7000 Pleasant Run Rd Colleyville TX 76034 7000 PLEASANT RUN RD Wiser, Michael J 6916 Pleasant Run Rd Colleyville TX 76034 6916 PLEASANT RUN RD McKeown, Kenneth F Etux Lynne 6909 Pleasant Run Rd Colleyville TX 76034 6909 PLEASANT RUN RD Meadows, Timothy P Etux Becky 6901 Pleasant Run Rd Colleyville TX 76034 6901 PLEASANT RUN RD Pool, Robert A 6905 Pleasant Run Rd Colleyville TX 76034 6905 PLEASANT RUN RD Abeyta, Michael Etux Shirley 6908 Pleasant Run Rd Colleyville TX 76034 6908 PLEASANT RUN RD Brown, Howard H PO Box 396 Colleyville TX 76034 6900 PLEASANT RUN RD Quinn, Thomas F Jr 6817 Pleasant Run Rd Colleyville TX 76034 6817 PLEASANT RUN RD Spurlock, Joe II Etux Cheri L 6816 Pleasant Run Rd Colleyville TX 76034 6816 PLEASANT RUN RD Havard, Steven Etux Athenna 6813 Pleasant Run Rd Colleyville TX 76034 6813 PLEASANT RUN RD Gade, Michael J Etux Regina C 6808 Pleasant Run Rd Colleyville TX 76034 6810 PLEASANT RUN RD Myers, Patricia A Shields 2106 Conner Ln Colleyville TX 76034 700 PAGANS PATH McCormack, Bobby Jack 6802 Pleasant Run Rd Colleyville TX 76034 6802 PLEASANT RUN RD Hall, Trent E Etux Laquita 701 Fegans Path Colleyville TX 76034 701 PAGANS PATH Roybal, Robert E PO Box 893 Colleyville TX 76034 6800 PLEASANT RUN RD Colleyville, City Of 100 Main St Colleyville TX 76034 6705 PLEASANT RUN RD Scott, David A Etux Jennifer 6704 Pleasant Run Rd Colleyville TX 76034 6704 PLEASANT RUN RD Crown Of Life Lutheran Church 6605 Pleasant Run Rd Colleyville TX 76034 6605 PLEASANT RUN RD Ledbetter, Harold C & Sheryl) 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 8 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 ~~ ~;~ ~~ q~ ~ ._~ ~,-~_'' ~---~_ a a ~ ~~ a ~ ~ ~~~ ~ ~ ~~ r, ~. ~ Q ~ ~ ~` ~_, '~ o__ s_ o ~ ~'., ~ U 1 ~,~ f o ~ ~ ~ ~ o ~' F.. #~n~.--~ ~ o 4 nuaeo o ~ __ ~ oc'1 ~ ~l ~T` 49~`~~ ~_ ~ ~ (> ~~ .~ a~'~ ~ ~1,___/~ ~~ e // ,.. iYEWMryUN.ND £$ ~ ~ ~ l' 1 ~ ~ ~C ~ ~F ~~ , __~ T ,~ , `_ x ~!., ~~~ ~ ~ 'ag I _, I..> Fn ~ ~ .. .% ~~ f. 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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 Transportation a. The truck transportation route for all trucks over one-ton that will access this site be as follows: Southbound State Highway 26 to Tinker Road, thence west on Tinker Road to Pleasant Run Road, thence north on Pleasant Run Road to the site entrance. The route exiting the site shall follow the route to the site in reverse. b. During drilling operations there shall be no more than 35 truckloads over a three-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour for both move-in and move-out. Otherwise, there shall be no more than ten personal vehicles entering and leaving the site for 10 workers on a daily basis. c. During the fracturing (completion) process, there shall be no more than 20 truckloads per day over a maximum 11-day period between the hours of 7:00 a.m. and 7:00 p.m. with an average of 1.5 trucks per hour. d. During the production phase, there shall be no more than 0.5 trucks per day per well. e. Prior to the issuance of the gas well permit, a road remediation fee shall be paid to the City of Colleyville for all projected road damages as determined by the Public Works Director. The access road to the well site shall be composed of an all-weather, 25 foot wide, concrete surface. There shall be adequate space provided for emergency vehicles to turnaround on the pad site at all times. The turnaround dimensions shall meet the minimum requirements of the Land Development Code. g. The gate for the site shall be composed of decorative wrought iron and shall be located 85 feet back from Pleasant Run Road. At a minimum the gate shall meet the minimum requirements for gates in Chapter 14- Engineering Design of the Land Development Code. 7. Noise Mitigation a. During the drilling and fracturing phase, in order to reduce noise, the applicant shall install a minimum 16-foot high, industry-standard noise buffering blanket capable of absorbing sound to ensure effective noise mitigation and screening for the immediate area. Additionally, sound mufflers shall be placed on all motorized equipment. Ordinance 0-10-xxxx Page 5 of 7 8. Screening and Fencing a. A minimum six (6) foot security fence meeting the minimum requirements of the Land Development Code shall be installed around the entire drill site perimeter during the initial drilling phase. b. A minimum eight (8) foot masonry wall, designed and intended to screen the entire view of any production equipment, shall be installed around the entire pad site prior to any gas well production on the pad site. 9. Landscaping a. All landscaping shall be installed as shown and described in the attached Exhibit "D" prior to the commencement of any well production. 10. Lighting a. All site lighting shall illuminate onto the site and shall not directly illuminate onto any surrounding properties or onto the property owner's residence. Drilling rig lighting shall not be a nuisance and shall illuminate at the minimum level of lighting allowed by the State of Texas for drilling rigs. 11. Environmental Impact a. All erosion control shall, at a minimum, meet the erosion control plan attached as Exhibit "E". Additionally, all stormwater run-off from the pad site shall contain no pollutants. There shall, at a minimum, be spill berms and containment rings surrounding all drilling and production equipment in order to mitigate point-source pollution from all surrounding watersheds. b. During the fracturing (completion) phase of drilling, the operator shall utilize environmentally friendly methods that act to recover natural gas through the use of permanent dehydrators and meter and flow the gas directly into a pipeline, rather than venting or flaring. c. In order to insure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall perform periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area during all phases of drilling and production operations. The determination of measurement points, compounds to be measured, the frequency of inspections, threshold limits, as well as baseline measurements of pre- Ordinance 0-10-xxxx Page 6 of 7 drilling ambient air quality shall be performed by the inspection company. The company shall be chosen and contracted by the City of Colleyville. The gas well operator shall reimburse the City of Colleyville for said contracted services upon receipt of invoice from the City of Colleyville. At a minimum, in the event that a measurement exceeds an established threshold, the appropriate state and/or federal air-quality enforcement agency shall be notified of the measurement within 24 hours of the observation. d. There shall be no appreciable airborne dust created in conjunction with any well activities. Dust control agents or special paving methods shall be employed in order to mitigate for airborne dust. e. There shall be no mud or dirt laid activity authorized by this SUP. removed from streets immediately. upon any City street as a result of the Any mud or dirt created shall be 12. Site Inspections a. All required site and equipment inspections shall be performed by a certified, professional third party inspection company approved by the City at the expense of the operator. 13. Other a. Any public safety calls or dispatches resulting from any operations related to the well authorized by this permit shall be reimbursed by the well operator to the City of Colleyville upon invoice. Operations shall include trucks operating within the City of Colleyville, pipeline operations and accidents, drilling and production operations, calamity resulting from sudden road damage and, finally, environmental catastrophes. b. The property owner's residence, as shown on Exhibit "C", shall be allowed to be no closer than 390 feet from closest welt head. c. Except for electric power generators, all drilling rigs authorized by this SUP shall be powered by electricity. d. Upon completion of all drilling activities, while the gas well is in production, there shall be no buildings constructed for the purpose of human habitation or occupation within 300 feet of any production equipment including any tanks. This requirement shall not pre-empt any requirement set forth in the Land Development Code. Ordinance 0-10-xxxx Page 7 of 7 Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map '~~ ~~ ~~~ 4 y ~~~~~; ~ r f r~ I'4r +.- - -}`,~ 5 ~ti~?('~s i n r ~St~ ~f. , ` 1~ ~~~~~ktiL~ ~~ ~ {~~ ,~~ r ~~ ..~ r ~4 ~- ,~ ~~• tf ~'k~, }f~f ~+ ~ _ ~ ~4: i ~ ~ _ r r r ' rJ ` ~ ~, +~ ~~I .. _ ~ ~ ti~ ~ ~ ~~ ~ ~ ~ -`~ ~- r~ i ~~ I ,: ~ - ~' - Exhibit B -Legal Description I.t~:C;.R~. ~F;SCRiP~Ii(l:*~ lIli.fNli t11;iI ccrr~iin itait ~~~ ~:., ~ ~. _ '.°, ;ter t ~'~ „F;~ ~ „ . ° .:1b~Ytat:t "vuiiif~e,r Y~JS -ill 411c H.tl h`,:~tit; tiu~c:~~, tr i~,t',t: (t_ ~ ~i]iz,T;ur;tr,1 €'+1:atily, 1~c~.a~ n~~+_''~~,ir,G,:i3,L'~~~sc~,.Y,.~s:; .~. ._~•c.1Ct~l~t},r,bV i?uctatc~tetar:~9t4~;~{)I~,ptrra ileCF-,tt ^3 *L`;:.'3:ICYI }Ci t ult;t; i~ .j 4h~1, t' , ~. t'~kt:C5 ~, ~ u!H.~ ~ ;311 t~ Itt ~'C)('ll fTlfl ~~1 r,', .'~'1 ~,;r ~rl~ <<~ f'e~~ ..,!~. ric~,~r1>. T1r- fr,t!;', .~F,!}. 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(tiz~r ~ ,~~~'~ i~ft&:"ti('~` ~~'ttl7lhc~ ~crCcclntc ~J I',,}' f~.;ar 6:`ree~ft tLr a~~f3~.r.~ _ ~~~=i.:-: ~r,;' <t:,t~ ti r„~'~ 1.~~.. ! ~ 6.. "~? I'__ `L. r~ 4 :w 1'" 521' L'3"~}-:. (''r~ +,> , i , ' t ~"1=, 1 a << ti '~ ,"~ ; r~'~I , [-kt}.iii ~ ~, cat, k~tt' 1t~~it3l~V~Si Gty77~e1' UI ~41<tf~4s~tt~ ~l~Cai't _'~. t7><fnt >a't'UC]', .a S';*i. !Y,c tt ir~.t~t rc~ai x ~tht 2~.-a~;tu~ rnar ~a.u~t(3c:~ ",lAt'taliti" _ I ~r~~~:. S itrp ~,~'u,1, t,,~ t aX~ t_ „_ S+1(f`1;I'~1~)"E, }dti_,;'ir; li°a`t, ~a~rsi~r !131 `~~~i ~(~,K,f1r,1 ~!:~i?t i?.n:'tiic~ltci ~! `~~, jti.:; 1`~.Jtt(~.ti li_tt't~gl 1 ~~.tn {~>vcnis~lie: 5i.r tip`)' Fir_~'. -_ r'.~,,r l .rf'~- Exhibit B -Legal Description (cont.) ., ~~ { _-, at ~"-, fC;~ _ .._"__ _`[:t•C~.~_~ t~l..l i __ .~~ f:~. IlOY;flr'V~C3l t:i,~i[tl'C ,~ ,. .,1 C~r„ct 1. Fr:7,1i tia°iir,,:°~ .a ~; ~; st,.l> >rr~~si rr .l e,aE~ E+:,~;?ic ~:ap, .:r.~~,~1",J,4(.°t~};ti" ~s°T 4 r3(r~.#~.?' E, t A! 'ti ~, :~t ;III 1? i Ut? 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Q ~ W t ii ~ j~ o .:.~ Exhibit C -Site Plan ~, .~ I ~ ~' ...._.~~ 7 "s t L~L '~ _ ~v i- v, 'y ~ - ~ e .. ~ ~ r J :. ! ~ ~ J ~ ,e ~~: ~ ,, ..:'1 ® - -. Exhibit D -Landscape Plan . ~ I ~ ~ ~<~ s ~ . < <~ - r ~ r ~ ~ z u" ~ d ~~ ,,_~ ~ _ ~ ~ ~ ~ J ~ '~ .. u~ ., .. ~ - ~ ~_~ I ,r,, ri €. z ~ '~,, 'i k ] ~ A ~ J T ~ ` ' y y \' t ~ : S ~ ~ } ~ ~ i ~ y - ~~ ~t~ ~ ~ ;~ y ~u-...y._t.,, _ -..:~ ~~ ~. .. ~~ L... 7 ~1 M~i1~M~i '. ~r~r•~w £ ~ , 7 / ~ I ~ - .. a 1 _Z ~ ~~, ~ ~ ~ ~ 1 1 y,, f~ 1 ~ '"~ ~' _ { . , n - ~ ~__...~ A a _. Exhibit E -Grading and Erosion Control Plan ----__ ~ ~, ~ c,~ t e a ~ ;, ~ ~ ~ ~ } ,- z ~~ ~ ~ ~ ! o z ~ ~ ~ ~ '~ ~ ~+ rte- L.LJ ~ wG? V 4~ ~ ~ ~ ~ ~~ ~ ~ ~ ` ~~ ~ ,~ ~