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HomeMy WebLinkAboutPlanning and Zoning Commission-Agenda Packets-10/11/2010City of Colleyville c-ty Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www. Colleyville. com [~.hly' .e'.,~ "" ~~ _ iiilll ,t ~`~, J {'fw xsti Meeting Agenda Monday, October 11, 2010 6:15 PM Executive Conference Room Planning and Zoning Commission City of Colleyville 100 Mlain Street ~ Colleyville, Texas 76034 Meeting Agenda 817.503.1000 r.,,;~ www.colleyville.com Planning and Zoning Commission Monday, October 11, 2010 6:15 PM Executive Conference Room 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 -CITY COUNCIL CHAMBERS 1. CALL TO ORDER 2. ROLL CALL 3. INVOCATION Commissioner Byerly 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES September 27, 2010 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 City of Colleyville Page 1 Printed on 10/7/2010 Planning and Zoning Commission Meeting Agenda October 11, 2010 7b Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 8. TABLED PUBLIC HEARING AGENDA ITEMS 8a Approval of a request for a Package Store on Lot 1R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC 10-024 9. I hereb~Y/urtify the ab~J a agenda was posted on the bulletin boards at City Hall on Frid y~ctober 8, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Co/leyville Page 2 Printed on 10/7/2010 ~`~'~--'~~ City of Colleyville `~-'~ ~ Minutes -Draft ,~a:, Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, September 27, 2010 Pre-~95i8M Executive Conference Room; Regular Meeing: 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 September 27, 2010 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Don Davis, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Marty Wieder, Jeremy Hutt, Rob McKeown, Steve Dye and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the August 23, 2010 meeting minutes with the recommended spelling corrections. Commissioner Rotthaus seconded. City of Colleyville Page 1 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Davis, Rotthaus, Phelps, Byerly 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Package Store on Lot 1 R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC 10-024 Ron Ruthven presented the case and briefed the Commissioners Commissioner Redfearn questioned staff regarding the location of the request with regards to residents; is that 60 feet to the Cambridge addition? Ron Ruthven replied yes. Commissioner Redfearn questioned staff regarding if the closest school is 25 feet. Ron Ruthven replied yes, the Montessori School. Commissioner Redfearn questioned staff regarding if it is 25 feet to the closest day care. Ron Ruthven replied yes, also the Montessori School. Commissioner Redfearn questioned staff regarding how this package store, as far as size, relate to other package store requests. Ron Ruthven replied this is the largest request on file to date. He stated the next closest one would be approximately 12,000 square feet. Commissioner Phelps questioned staff regarding whether the measurement is property line to property line, not front door to front door. Ron Ruthven replied correct. Commissioner Phelps questioned staff regarding if there are very specific requirements for measuring. Ron Ruthven replied yes and that private schools are exempt to the regulations of package stores; public schools however, are not. Commissioner Phelps questioned staff regarding what the distance is to Bransford Elementary since it is the closest public school. Ron Ruthven replied 370 feet. Commissioner Redfearn questioned staff regarding the State's alcohol free zone; why are those not applicable to this request? Ron Ruthven replied that we are required to follow Chapter 6 of the Code of Ordinances. If the school district were to request that the city raise their City of Colleyville Page 2 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 requirements to meet the state requirements, then the city would have to apply those regulations. Commissioner Redfearn stated the GCISD Board of Trustees would need to petition the City Council regarding the 1,000 feet alcohol free zone. He further questioned if they were to pass this, would it be retroactive to this package store? City Attorney Kallas replied it would apply perspectively, not retroperspectively. Commissioner Redfearn stated if the school wanted to have this done, then the school district would have to move very quickly. Commissioner Byerly opened the public hearing at 7:12 p.m. Scott Remphrey, the general partner of the ownership entity which is Colleyville Crossing LP, came forward to present the case and brief the Commissioners. Commissioner Redfearn questioned Mr. Remphrey regarding more windows on the front facade, why were they taken away. Mr. Remphrey stated those were designed by the sign contractor and were not recommended by himself and they were not to be released that way. Mr. Remphrey stated they have owned this property for eight years and have had difficulty leasing this property. He went into detail about the set up for the proposed package store. Commissioner Dudziak questioned Mr. Remphrey if they are proposing to bring the building up to the code requirements. Mr. Remphrey stated they are doing what they can to please the City but are limited. Commissioner Dudziak questioned Mr. Remphrey regarding how the removal of the pole sign will affect this development. Mr. Remphrey replied he was not sure since the sign is on our property but owned by the shopping center and only has access to the portions of the sign that are related to their businesses. Commissioner Redfearn questioned Mr. Remphrey regarding, for clarity, the portions that are affected by this property are the Ace Hardware store, the Vineyard Antique Mall and a portion of the Vineyard Antique Mall. Mr. Remphrey replied yes. The same thing will happen with this package store that took place with the Ace Hardware and the Antique Mall; a portion will be used for the proposed package store. Joe Janesen, the applicant and owner of Goody Goody, came forward to present the case and brief the Commissioners regarding the request. Commissioner Davis stated this request does not look like a grocery City of Colleyville Page 3 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 store and he further stated that the landlord has indicated they are not going to provide any updates to the exterior. Mr. Janesen stated they do want to put planters out and wish not to have a lot of windows. Commissioner Davis stated if the landlord is not willing to update the exterior of the building there is probably no chance this will pass. Commissioner Dudziak stated the proposal does appear to look like a grocery store with isles. Mr. Janesen did not concur and stated there are separate rooms for various wines. He stated the liquor and wines are separated very attractively. Commissioner Dudziak questioned Mr. Janesen if the floor plan was submitted by himself. Mr. Janesen replied yes, but that he had to draw it up very quickly. He stated it will be a very good quality. Commissioner Davis questioned Mr. Janesen if the design of the interior of the store will be similar to the Little Elm store. Mr. Janesen replied it would be more like the Camp Bowie store. Commissioner Redfearn questioned Mr. Janesen regarding if this will be a retail only store or will there be distribution done from this location as well. Mr. Janesen replied it will only be a retail store. Commissioner Redfearn questioned Mr. Janesen regarding if loading and unloading will be coming in the front door. Mr. Janesen replied all loading and unloading will happen in the rear of the location. Commissioner Redfearn questioned Mr. Janesen regarding how outdoor security lighting will be maintained. Mr. Janesen replied they do like to have lighting around the center but they have to be cognizant of the neighbors. He stated they do not like dark corners. Angela Kale, 1605 Kingswood Lane, spoke in opposition to this request with concerns for traffic, a possible distribution center later and crime. Alice Talkington, 4708 Lakeshore Court, spoke in opposition to this request with concerns for the Montessori School. Geoffrey Owen, 809 Creekview Lane, spoke violently in opposition to this request with concerns for the proximity to the neighborhood. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Dudziak questioned staff regarding if the package stores can put bars on the windows. Ron Ruthven replied there is nothing in the code that would prohibit them from putting bars on the windows. City of Colleyville Page 4 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 Mr. Janesen replied they do not have bars in their stores. Commissioner Redfearn questioned Mr. Janesen regarding the number of deliveries that will be made to the store. Mr. Janesen explained the delivery schedule for this location and stated they should have two deliveries a month, the 1st and 16th of each month. Commissioner Redfearn questioned Mr. Janesen regarding where the deliveries will come from. Mr. Janesen replied they will be coming from the only two distributors for this area. He stated they are known for their pricing. Commissioner Redfearn stated there are two deliveries a month. Mr. Janesen replied every two weeks they will have a delivery made. Commissioner Redfearn questioned Mr. Janesen regarding the restaurants who will purchase from this retail establishment. Mr. Janesen explained the process for purchasing liquor and stated they service those business from their warehouse facilities. He stated these will not be serviced from this location; he stated it is not a good location for warehousing. Commissioner Dudziak questioned Chief Dye regarding the visibility to the inside of the buildings; why is that important? Chief Dye replied it is always good to have visibility to the points of sale for the safety of the cashiers. He further explained the reasons why they have crime prevention requirements. Scott Remphrey stated they are changing the exterior of the lease location somewhat similar to what they did for Ace Hardware. He stated there will be reverse masonry, new signage, new planters and possibly new windows. He stated there is really not much we can do for this space. He stated this space has remained vacant for some years and they stated they would like some give from the City. Commissioner Dudziak questioned Mr. Remphrey regarding why he is not willing to put in glass for this request. Mr. Remphrey stated he is going to leave that up to the tenant's request. He stated if the glass is what he wants, they may consider it. He stated security would be an issue with a clothing boutique. Commissioner Byerly questioned Mr. Remphrey regarding if he would be willing to bring the building up to the needed design score of 25. Mr. Remphrey stated not knowing at this time what that means and what it would cost. He stated he is willing to work with the tenant as well as the City. He stated he feels they are making improvements with what they City of Colleyville Page 5 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 have to work with. Commissioner Phelps questioned staff regarding what has been discussed with the exterior of the building and how will that affect the design score. What other alternatives have been used to increase the facade? Ron Ruthven replied there are five main areas that address the building design score. He further explained those areas in detail. Commissioner Rotthaus questioned staff regarding if the scoring needs to apply to the subject property or to the entire village shopping center. Ron Ruthven stated the ordinance is written so that it applies to the entire development. He further stated that is up to the commission. Commissioner Rotthaus stated the applicant does not own that sign and yet we are requiring the sign to be removed and a new monument sign be constructed and that would be owned by the new owners of the Albertson's portion, correct? Ron Ruthven replied the sign applies to the property on which it sits. He stated it is unique in this situation, to bring that sign up to code. He stated this is something for the Commission and City Council to decide. Commissioner Byerly questioned staff regarding the zoning for these subject properties. Ron Ruthven replied CC2-Shopping Center. Commissioner Byerly stated there may be some contracts between the multiple owners for this sign. Commissioner Byerly questioned City Attorney Kallas regarding whether the sign issue would be something that could require a variance. City Attorney Kallas replied that would be something collectively that the property owners would have to work out. He stated the Commission is looking at the package store tenant being able to bring the sign to code for that use. He further stated that the Commission may give them relief under the circumstances. Commissioner Redfearn questioned staff regarding the sign to be compliant, can the sign stay on the current island or does it need to be removed? Ron Ruthven replied it can stay on the island, the monument sign. Commissioner Redfearn questioned staff regarding measuring for the school behind the subject property. Ron Ruthven stated the property lines are measured by using the closest point to the subject property line. Ron Ruthven stated 35 feet is the highest on a landmark sign. Commissioner Phelps questioned staff regarding the property line measurement for the subject property to Bransford Elementary. Ron City of Colleyville Page 6 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 Ruthven replied it is measured from the right-of-way on SH26, straight across to the rear property line on Bransford Elementary. Commissioner Dudziak questioned staff regarding when SH26 is widened, will the trees be eliminated? Ron Ruthven replied yes, the right of way would be in the parking lot area. He stated the row of parking closest to SH26 would be lost. Commissioner Dudziak questioned staff regarding if the monument sign would have to be outside of the State right-of-way. Ron Ruthven replied yes and stated he was not sure if the right-of-way has been acquired for the subject property. Commissioner Dudziak stated having too many unknowns with this request; the design of the building and the sign. He stated he would like to see the Commission table the request to answer some of these unknowns. Commissioner Byerly stated there are options to make the applicant meet these codes. They can follow the directions of the Land Development Code. Commissioner Dudziak stated the property owner has stated not being willing or having reservations about bringing the building up to the design score. Commissioner Phelps stated he concurred with Commissioner Byerly regarding the options the applicant has. He stated moving this forward will allow them to make the presentation to City Council. He stated he would be in favor of moving this forward. Commissioner Phelps moved to approve case ZC10-024. Commissioner Davis seconded. Commissioner Dudziak stated he wants to narrow the scope before it moves forward to City Council. He stated the Commission has a responsibility to make recommendations before it goes to City Council. Commissioner Davis stated the applicant will be required to meet the 25 design score as stated in the ordinance. Commissioner Phelps concurred; it will need to meet the code. Commissioner Dudziak stated they will also have to mitigate the pole sign which will put the applicant in a quandary. Commissioner Phelps concurred and stated they can decide those issues before moving to City Council or present those issues to City Council for them to grant the waiver. City of Colleyville Page 7 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 The motion failed by the following vote: Aye: 3 -Davis, Phelps, Byerly Nay: 4 -Knox, Dudziak, Redfearn, Rotthaus Commissioner Dudziak moved to table case ZC10-024. Commissioner Rotthaus seconded. The motion to table carried by the following vote: Aye: 4 -Knox, Dudziak, Rotthaus, Byerly Nay: 3 -Redfearn, Davis, Phelps City of Colleyville Page 8 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 7b Approval of a request for a Package Store on Lot 1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct Line Road, Case ZC 10-026 Ron Ruthven presented the case and briefed the Commissioners. Ken Baca, 105 YMCA Drive, Waxahachie, Texas, the applicant, came forward to present the case and brief the Commissioners. Commissioner Byerly opened the public hearing at 8:20 p.m. Commissioner Dudziak questioned Mr. Baca regarding the square footage of the proposed package store; why only 1,100 square feet? Mr. Baca replied they want to serve a certain segment of the patrons. He stated they are limited on their investment, but felt too expensive to blow out the building and do away with the convenience store uses. He stated they are working with the building they have. Louis Fiorello, 5812 Sterling Drive, spoke in opposition to this request with concerns for traffic at LD Lockett and Precinct Line Road. He stated he would like to see a traffic signal put at that location. There being no one wishing to speak, the public hearing was closed at 8:32 p.m. Commissioner Phelps questioned staff regarding the traffic impact; is the 320 trips per day based on the package store business or all businesses on the site? Ron Ruthven replied the entire site and based on the estimates, it would be no more than what they receive now. He further stated it will not generate more than 1,000 trips per day. Commissioner Redfearn stated future development will connect to this subject property with the mutual access stub outs, correct? Ron Ruthven replied yes. Commissioner Redfearn questioned staff regarding the next closest red light. Ron Ruthven replied there being one at Rumsfeld. Commissioner Redfearn stated he would like to review the ordinances for this property before moving forward with the request. Ron Ruthven stated Amy Shelley will retrieve those ordinances and will provide those documents to you for this meeting. Commissioner Dudziak questioned staff regarding the package store request at Longwood having the similar number of trips per day. He stated there are still problems with access with there being a light currently in place. City of Colleyville Page 9 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 Ron Ruthven stated the City had been working with the City of North Richland Hills and it was determined that there would not be one put in place at this time. He stated the lights are controlled by whom ever controls the right-of-way and North Richland Hills controls those right of ways. Commissioner Phelps stated there is no turn lane in the afforementioned case. He stated this location has a turn lane. Commissioner Redfearn questioned staff regarding the proximity to the nearest residents, Emerald Park addition? Ron Ruthven replied correct. Commissioner Redfearn questioned staff regarding whether the closest church is Bear Valley and the closest day care is Bear Valley? Ron Ruthven replied yes. Ron Ruthven stated his apologies for not including the ordinances in the briefing packet, but that Amy Shelley is retrieving those ordinances now. Commissioner Byerly moved to recess at 8:42 p.m. to allow for Amy Shelley to provide those ordinance copies. The meeting reconvened at 8:43 p.m. Commissioner Redfearn stated there being nothing in the ordinance. Ron Ruthven stated the 320 trips was calculated on the entire store square footage. Commissioner Phelps questioned Mr. Fiorello regarding the traffic signal. Mr. Fiorello stated even in the center turn lane, the cars are going by very quickly. He stated with people coming in and out of the liquor store it will cause confusion. He stated when the development across the street is completed, there will be mass confusion going both directions, coming and going. Commissioner Phelps stated new businesses may create the need for a traffic signal and further stated not wanting that to keep this from moving forward. Commissioner Phelps moved to approve case ZC10-026. Commissioner Byerly seconded. Commissioner Redfearn questioned staff regarding if there will be incremental traffic generated by the package store use. Ron Ruthven concurred. City of Colleyville Page 10 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 Commissioner Dudziak stated that the intersection is dangerous. He further stated this is a great location for a package store. He stated this will create a traffic issue. He stated discussions have occurred for years regarding the increased traffic on Precinct Line Road. He stated he did not think he could support this request because of the traffic issue. Commissioner Davis stated the City does not control that intersection. Ron Ruthven stated the State could put in a light but the right of way is controlled by North Richland Hills. Commissioner Byerly questioned staff regarding if they will need the City of Colleyville to work with the City of North Richland Hills on a traffic signal. Ron Ruthven replied typically an interlocal agreement is created between all parties involved. Commissioner Byerly questioned staff if the City of Colleyville could put in a traffic signal if they choose? Ron Ruthven replied an interlocal agreement would be needed with TxDot approval. Commissioner Dudziak states he requests that City Council look at requesting to work with North Richland Hills to put in a traffic signal for the sake of safety. Commissioner Byerly concurred. City Attorney Kallas replied it can not be a condition of this motion nor a separate recommendation to City Council. The Planning and Zoning Commissioners all concurred that the City of Colleyville needs to look at working with the City of North Richland Hills for a traffic signal to be placed at the LD Lockett and Precinct Line Road intersection. Ron Ruthven stated the City of Colleyville did try to put in a traffic signal and the City of North Richland Hills declined. Chief Dye stated the City of Colleyville did speak with TxDot regarding a traffic signal and as far as he knows, it is still pending. The motion carried by the following vote: Aye: 4 -Knox, Davis, Phelps, Byerly Nay: 3 -Dudziak, Redfearn, Rotthaus 8. ADJOURNMENT The meeting adjourned at 8:57 p.m. City of Colleyville Page 11 Printed on 10/5/2010 Planning and Zoning Commission Minutes -Draft September 27, 2010 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 24, 2010 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant City of Col/eyville Page 12 Printed on 10/5/2010 `?'~'=" , City Hall ,~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ,...3 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: 10/11/2010 Agenda No.: 7a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Survey Floor Plan Parking Exhibit Provided by Applicant Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/11/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a private school on Lot 15A, Block 1, of the Fairway Addition located at 1211 W. Murphy Road, Case ZC10-025 Explanation Matt and Michelle Russell have submitted an application for a Special Use Permit (SUP) for a private school located at 1211 Murphy Road. Existing Conditions. The subject property is currently developed as a single family residence on .41 acres known as Lot 15A1, Block 2 of the Fairway Addition. Existing Zoning. The subject property is currently zoned R20-Single Family Residential. The applicants currently reside in this home and propose to have the private school as an additional use. The proposed use of a private school is allowed with the approval of a SUP in any zoning district. Proposed Business. The applicants currently have five students from two families, four of which are their own children, with a total of three faculty members. The proposed private school will occupy approximately 435 square feet of the existing 1,915 square foot single family residence. No new construction is being proposed with this request. The applicants plan to expand their building on the subject property or on the adjacent property, in the future, as the school grows. City of Colleyville Page 1 Printed on 10/8/2010 Agenda Briefing Continued The proposed school programs will consist of Kindergarten through 12th grade by operating four days a week. The proposed hours of operation are Monday through Thursday from 8:30 a.m. to 3:00 p.m. The applicant states the private school must be in operation for three years before the State will recognize them as a private school. The applicant is proposing to have a maximum of 10 students attending grades K-12. The applicant has future expansion plans which will consist of a maximum of 100 students, however staff recommends that an amendment to this Special Use Permit be required for student numbers greater than 10. The applicant states he will comply with all building and fire code requirements before the issuance of a Certificate of Occupancy. Site Plan. The applicants are proposing to use the front area, approximately 435 square feet, of their single family home for the private school use. A detailed floor plan is attached to this agenda briefing. Parking. The Land Development Code requires one parking space per classroom plus one per 400 square feet of office space for a private school use. The Land Development Code requires two per unit exclusive of "in-garage" parking for a residential use. This request meets the parking requirements of the Land Development Code. A parking plan is attached to this agenda briefing. Signage. Any additional signs will require a separate sign permit and are not included in this request. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use of a private school is allowed with the approval of a SUP. Adjacent Zoning and Development. Properties to the west are located within the city of North Richland Hills and are developed as shopping center uses. The properties to the south and east are zoned R20-Single Family Residential and are developed as single family homes. The property to the north is zoned AG-Agricultural and is developed as a single family residence. Public Notification. Staff mailed notices to 8 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Summary. The property is developed as a single family residence. Given that the proposed private school use is additional to the primary residence, staff recommends approval of this request. However, staff recommends that an amendment to the Special Use Permit be approved before any future expansion to the private school. This recommendation has been added to the draft ordinance. The proposed development complies with the future land use designations of the Colleyville Master Plan. City of Colleyville Page 2 Printed on 7oisizu~u Aaend~ a Briefing Continued Recommendation Approval, subject to the conditions in the draft ordinance. City of Colleyville Page 3 Printed on 10/8/201 v Location and Zoning Map ?004 74~ 1~ ~~ ?Oao ss2a 8s1? PUDR 110q 11~ 1416 1412 1408 5948 X04 ~ '. 6,g04 1105 11tI1 413 14{}4 Slt@ 12'2 6900 1106 ~-too 141z AG 1211 681 6812 6811 6&12 1017 1013 R 0 6soe ~ s$oa s~4s ssc~ P U DC 6844 - ~, 6803 8504 6$41 6641 X00 85413 6713 948 6712 fl? 11 x712 20 912 Bdi2 6708 6?D? 6?0$ G?~ 9Q9 O4 5704 6743 6?04 6?OS 8402 b?D4 6?{31 6?00 g~pg 6741 5611 6614 83i0 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Somerset Manor Ltd 3838 Oak Lawn Ave Ste 1212 Dallas TX 75219 001200 W Murphy Rd Quinb , Ga Etux Dawn 1212 W Murphy Rd Colleyville TX 76034 001212 W Murph Rd Geronimo, Javier 6812 Curtis Rd Colleyville TX 76034 006812 Curtis Rd McCann, Alvin L Etux Glenda 1211 W Murphy Rd Colleyville TX 76034 001205 Murphy Rd McCann, Alvin L Etux Glenda S 1211 W Murph Rd Colle ville TX 76034 001211 W Murph Rd Alecu Famil Trust 6308 Remin ton P Colle ville TX 76034 006808 Curtis Rd Hodges, Twila Renee & Ton H 1838 Ranger Hwy Weatherford TX 76088 008508 Precinct Line Rd McCann, Alvin L Etux Glenda S 1211 W Murphy Rd Colleyville TX 76034 006804 Curtis Rd Mt California Properties Llc 7365 Carnelian St Ste 232 Rch Cucamonga CA 91730 008504 Precinct Line Rd Matt Russell, applicant 6804 Curtis Rd Colleyville TX 76034 applicant Public hearing notices were mailed by Amy Shelley on Monday, August 30, 2010 Statement of Planning Objectives I :I~:(~_1("><' ('l I l~l~'1'I.ti \ ~t'I lt)()I. 1211 W. Murphy Rd. ColteyWtle, 77(76034 Phone (817) 28 i-4314 fax (81T) 281-0388 September3, 2010 Colleyville City P&Z and City Counrtil 100 Main Street Colleyville, TX 76034 To Whom K may concern, The purpose for our Special Use Pemrit is to allow for us to establish our school on the property at 1211 W. Murphy Rd. which is currently coned as residential and planned forfuture commercial inning. We currently have 5 students from two families. One student is a sophomore in high school and the other four students are in elementary school {one in first grade, two in third grade, and one in fourth grade). We have a total of three teachers/faculty/administrators atthis tlme. Ourschedule isfrom 8:30 am until 3:00 pm, Monday through Thursday. fie curriculum we are using is geared toward an advanced level educatlon. We are a Christian Private School and obviously will be teaching bible based lessons. ApokrQa, Shurley, Aleks, Bob Jones University Press, and Glencoe/McGraw-Hill are the spedfic curriculums we will be using. We are followingthe Texas Standards and will befacilitatingthe Stamford AchievementTest in the springto ensure that our students are onand/orabovetherequiredlevelforthelrgrede. UponrecefvingourSUP,I.egacyChristlan School will begin a three year establishing process with ACSI to rer~h-e their aa.~reditatlons for the sd-ool. We have a future plan for a future building on this property and possibly the adJar~rrt property trehind 1211 W. Murphy Rd. but our desire Is to remain a smaller school having up to L00 students maximum with a low teacher to student retlo to help us appropriately disciple our students. Our plan for school growth beyond that point will be through multiple locations. The Institution itself is anon-profit school but the managing company over Me school and employing the faculty is goingto be a proprietary LLC and will besupportlng the «h by payingthe appropriate taoces• The school is also affiliated with Sunflower Intematbnal Ministries and togstlrer, they will expand Christian educatlon through missions. We currently are working on two Christian Schools being built th begin enrollment in the winter in Lugantslc and Poposnia Ulaaine. These are cxrrrently the onry Christian schools in the entire countrythat are accredited with the government and recognized by the country's universities. As directed, we have contacted Bili Elliott and Fire Marshal, Rob McKeown, regarding our building requirements. We know that we will need th bulk! a ramp onto ourfront porch for wheelchair access and because our building elevated 24 Inches. We also know that we will need to have an assigned handicap parking space and that also will not be a problem. And we are prepared to make our school restroom as handicap ready as directed. Obviously, we are not experts in the field of designing, planning, and development of a building proJed like this. fie design is not ours, it was a vision from God. And I do not intend to sound rude in saying this, but we are not asking "if" we can do this. We are asking "how° we can appropriately complete this project, including ourfuture plans. We understand that we will have m have a SUP m have sn institutbn in our current zoning area and so we have applied for 1L We era wilting m do whatever we need to do m g~ the SUP and would also appreciate any assistance we can get. ff we have gone out of order by going ahem and applying for our SUP nowthen we understand, butwe really cannot afbrd m waste the applicat9on fee and pay far another applirutdon in the furore. We are verythanldul foryour input and r~rrslderation In this matter Sincerely, Matt Rra~eil /FSu ~ P LegacyChristlan School ofColleyvllle 817-903-2575 SURVEY PLAT ~ This is to certify that I hnve, This datr,mode a coretut and accurate survey on the ground of property tocoted al No. J2!/ W MvaPf{y' F'o<ID ,in the city al att_e>'/rLLG _• ,Texas, Laf No.~ /5 Block No. ~ of Fg,R Y/q~ nr7Derro~/ n~o rZ../E _an odd;tion fo the City o/ Co4LE`/v'r4LE~ TgRr(ANT Cav.'/r/ _ ,Texos,occordingtothe PLAT _,..-_ recorded in Wlume 968 • B ai pagf! tz r vl the Pao r~_ Records of 7aR,2a.~r CCdINTY, TEXAS. +K _,AJ~ 4~J0 E'}CGG°- PY ALL rfJsiT PoQ-rio.~r OF 54rp L.oT Go.~(v2Yc r> N FRa~-r .1. 1P. MJ~2P~fY T>;+ T'ARRAntT crw.JrYWar1=R SupvuYCVRP. g•(~E~ OArF_n ~ar~ r~, wvx , d~ .QL`FoaCED r•v ~/awane 3~.-rJ ,PaeGe '~t3o, oLSea 4Eu..¢os oc 7/I,YRp.,M CauNr/ , T7E}tA 5. i f~ ~ ~~ f 1 ~ `~ \~ m ~N f ~ m i ~ V' f~ WI ISO L.~ W ~ 1 ~ -. ~ 5manae Q' ~\ `~ £ ~ I ~ ~ ~: a/ sand u,/ c r~.~i .N Q Q .-•i~ i J ~ ~ a~n-etiP..~aV r'owrR ~•KG ~ { _. r e ~.o -...~ ' SruCGD zo ;; ~+ T t~ ~2rr w. Mu~rdr Ro S ~ b i r." 3e.0 Ky. y' _ i ~ 3~ I c.~ (!L. Jl~ ~ i/2.'1' I RECEIVEQ PR EG /n/GT ~ ~ ti ~ /~G74 G7 AUG 1 ~ 7010 t~o~ ~?a~<~ Per ............. NdTE~Accordinq to the F.i.R.ht in Community pgrfel No.'~80590 oao~ B ,this property does lie in Zone G and does not lie within the IDO yeor hood zone. To LaWY~QS LI.~•lERrc~fN 7itfe Gamporry in connection with the hansocfion described in G.f. No., 4~.~~-~~ Erb - ~- ~~-~--~ Used This eurvey Dy woryy olhsr porfres and/or for oihar porposes shop bs at us#r't own risk and arry loss rewlhny from other use shall nor be tl'a responsibitiry o/ the undersigned. And tMt plot hereon is a cOrreCt and accurate repnsentotlon of thr properly Imes and dimansans me as indicated; totolion and type of buildings ore os shown; and EXCEPT AS SHOWN, ott improren»nts ore located within the troundories the distances indicated and tMn are no wstbla and opparerrt encroachments or protrusions on the ground. I~_ Drawn by'.~:~ -~~ L.8^^,,,..A (~~ O Iron rod /ound Chafn Link lens 'ti ~r~~~ * dx-~ scorer /~=30 ~ Ironrod s#t --y~-yKWood fixs Dofe~ '~ /+J-4Z d Ironpipefovnd tr~Corxasle ^ Frncepwtcamer A/C Air CondltioMr rwu CQNNAtLY D~(X` CONNA~LY a ASSOC. , INC. eorrpwer MtG'ar/.~ ~ UndergroundEtecMC ~ Fbwerpote r ;e393s~:~ 11837 JUDD COURT it 122 8 Overhead flecfrlc ~ Brfck Column +,y~~~l:•'a DALLAS TEXAS 75243 LICaNNedPbrch tkCkorCarport ° sue ~ PHONE~(2141 437-0191 -OverMadElec~rlC Service Lln# FA ~ 4 Job No: 92-f~101 . - ----Ctierhsod PCnver Lies K Floor Plan F ~ 3'4!" x 5'-0" a-o x s~=o ~,, ,,~, 4 ~ ~ ,,, I I j ~ ~° 1~ x 5 =0" x 6'-8" ~~ ` ~' w ' ~ "' J: *:! x e ~ ;~ E M ~ is ~ ~ 3'-0" x ,::_. 3'-2" N i dE , °~-- " E -- i Y b x ~~ ~.~ x 'o M ,~ ,b x as ~~ ~... ~~ ~~....... Lb. h -~'~ ,T. 3-0" x 6=8" x ,~`~=1 ~- W ~~' x ~- 3gsp ^; + ,w ____ - 5'"t1'x4-0" ~~ ~ 3-0'xd'-8° ~i 3 3'-0" x 8=8" ~' ~, ~: y _ _ µ_ s-~.~,.~.~.. 18=7"_--. ...._._.__..~..,...__ i. ~./ I J1~ r ~ ,,+ i k ~~ ~"' ap t`t t ~ i x i N w ' ; ~' k . b a ' N 4-0"xS=O" d 0"x5'-0" ~ , d'-0'x50` 'g _ 4 ._ ___. _.. . _ W _ .._ _ __-~°°~°~ 32'-4 - _.. -~__. _._ ~ .. _.. _ ~ ., ~ . ~_.__~ 2-0"zG-8" Parking Exhibit Provided by Applicant ~~' ~ ~~~ ~~ l___. _.,.. ~ ~~ ~~~. p~~ w ~~~~ ~~ ` 1L~• ~~ f,~~;,5 aS~`~` t W ~` dry r ~: ~4 i* ~:Q` .~ z~ ~~~ ~~. w'~ , ~~~ ~~~ 6 ~. ~~`~~ :,~~~. ~~~' 3 17~~`, ( "? / ( . ~7. ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 15A, BLOCK 2 OF THE FAIRWAY ADDITION LOCATED AT 1211 MURPHY ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PRIVATE SCHOOL; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC10-025; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-XXXX Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby the approval of a Special Use Permit by authorizing a private school on Lot 15, Block 2, of the Fairway Addition located at 1211 Murphy Road, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a private school, as depicted in Exhibit "B", of the existing 1,915 square foot residence, on the subject property. b. The hours of operation shall be Monday through Thursday, 8:30 a.m. to 3:00 p.m. c. This Special Use Permit shall only apply to a Kindergarten through 12tH grade private school. d. The maximum number of students allowed by this Special Use Permit is 10. e. Any expansion to the private school will require an amendment to the Special Use Permit. f. All building and fire code requirements must be in compliance before the issuance of a Certificate of Occupancy. g. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. Ordinance 0-10-XXXX Page 3 of 3 h. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC City Secretary David Kelly Mayor Ordinance 0-10-XXXX Page 4 of 3 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map izaa Toga 7005 .~..__",_.~ 7.."_' ,, TnOa ltS ss ~~ 86~ 1212 AG 7211 581 fi8i2 R 0 ~~ 8508 PU€~ 6804 85D~i 8500 6$a0 671 (~ X112 873 STf}4 340+6 840? 6700 810 ss~0 PURR 1144- ~ 110C} 1018 1012 '~ 6908 ~4 1105 1161 013 10Ua ~~ 11'0& 1100 ipt? 6g0a 6411 5812 69d1e 6883 680a S${b1 68D0 16711 6712 6747 5708 670J i 8704 670'1 87011 6611 6610 1011 1013 6805 6801 6713 6703 B705 6701 906 972 308 6809 Exhibit "B" -Floor Plan f~a~.,o-- _ r b ._. _ ~ i it ~'~o'x 6'-0' 3 3'-0'x S`•4 sa ~ ~ t~' ~ .._..~,... ,,,_ i x K 1 Y ~' b ~ ,._ .. ... ..._~: ~i ~. __., .zc~c-- - _ _ ,~ 5.0'g~x &*-8'" Ll 'ice ^ ~ '+.o.,...~ , l~iF tom,. ~ is ~i_. gg 4 7 , ,,. _ . 7~0"x 6'-t9' .: b. bG ~t~''r f1'~;~n t~~.. i;T w ~¢ r 1 ~- ~t ~ A'-0•... ' ~~, - ~2~ ,.. ~ + ~ ~17} ~ ..> _ ° ...~~ ~, .~n ~ ,..,~,7y~=7`~ ._..~_ ,r ~,~_. _e~_ s. ~. -- ~. ~ ~ . ,~ , ~ ~ 3 k s i 9 n k F' x -tV`'p'- - ~, 'zy - ~ i ~, j ~~ ,n ? 3'~` x b'-0` -~ ~A _ .._~. _ _ -. r- _._..~.~., r. _ . .. .., w .-~ }~~~ City Hall ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 °~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Case Status: Commission Public Hearings Version: 1 Requester: Community Development Department Agenda Date: 10/11/2010 Agenda No.: 7b Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1 D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 Attachments: Location and Zoning Map Notification List Transportation Route Notification List Letters of Opposition Information from Applicant Regarding Letters of Support Statement of Planning Objectives Landscaping Plan Erosion Control Plan Grading Plan Site Plan A Site Plan B Utility Plan Distance Separation Waivers Tree Removal Letter • TCC Emission Control Plan Potential Pipeline Route Chapter 3.1-Oil and Gas Well Drilling and Production Proposed Changes Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/11/2010 Planning and Zoning Commission Title Approval of a request for a Special Use Permit for a gas well site on 13.24 acres on Lot 1, Block 1, of the Park Place Estates Addition and Tract 1D, Abstract 295 in the W.E. Crooks Survey located at 7404 and 7504 Pleasant Run Road, Case ZC10-022 Explanation Titan Operating, LLC has submitted an application for a Special Use Permit (SUP) for a gas well drilling and production site on 13.2 acres located at 7404 and 7504 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 activities are proposed to begin in January, 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-Oil and Gas Drilling and Production of the Land Development Code. A separate pipeline plan will be submitted by a pipeline company for additional approval by City of Colleyville Page 1 Printed on 10/8/2010 Agenda Briefing Continued the City Council prior to construction of any pipelines. Amendments to Chapter 3.1-Oil and Gas Well Drilling and Production. Proposed amendments to Chapter 3.1 were presented to the City Council on September 21, 2010. Staff was directed to bring the amendments forward for consideration at a future City Council meeting date. It is anticipated that the amendments will be adopted before the request by the applicant is considered by the City Council. Given that the current request was submitted prior to the anticipated adoption of the new regulations, the applicant is vested under the current provisions of Chapter 3.1. However, given the Special Use Permit requirements for approval of any drilling and production operations, staff has placed language in the draft ordinance requiring the applicant to abide by the proposed, updated provisions. The proposed updates are attached to this briefing. Existing Conditions. The subject property is owned by the Trinity Christian Center and is currently zoned AG-Agricultural. The portion of the property that would contain the proposed pad site and fresh water pond is not platted while the remainder of the property is platted. The only building on the subject property is a 1,200 square foot barn. Review of Gas Well Drilling Operations. Typical gas well drilling and production involves several operations with the main actions being drilling, fracturing, pipeline connections and production. Multiple wells can also be drilled from a single pad site. Individual wells can be drilled within 7.5 feet of each other and can access areas 360 degrees from the well site, much like spokes on a wheel. - Drilling operations include the initial vertical penetration of approximately 8,900 feet into the Barnett Shale and horizontal drilling up to 6,000 feet, which allows subsurface properties more than a mile from the well head to be reached. Drilling typically lasts 30 days and involves 24-hour drilling operations. However, site development, which includes the erection of major drilling towers, installation of sound reducing devices, drilling and other activities, may only occur between 7:00 a.m. and 7:00 p.m., Monday through Friday, and 9:00 a.m. to 5:00 p.m. on Saturday. - Fracturing operations involve pumping massive amounts of pressurized water and sand into the wellhead to stimulate fractures deep in the shale and allow the gas to escape. These operations typically last a few days and may involve flaring to make the gas ready for production. - Gas pipelines are required to be constructed to transport the gas to market; these pipelines must be built directly to the gas well site and connected and distributed to major markets. - Production is the final process whereby the gas exits the well, enters the pipeline and is transported to an endpoint. Properly screened and buffered sites should cause little notice of production activities. Production does, however, require weekly maintenance and trucking operations to remove water waste from onsite storage tanks. Drilling Site Plan. The site plan indicates a two acre pad site where drilling and production will occur. City of Colleyville Page 2 Printed on 10/8/2010 Agenda Briefing Continued 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 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 proposed updates to Chapter 3.1 require a minimum eight (8) foot screening fence be installed around the pad site during drilling activities. 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, 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 are contained within the proposed updates to Chapter 3.1, which are adopted by reference in 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 during the drilling phase and 4.2 million gallons of water during the fracturing phase. The applicant will not be permitted to impact the City water system such that it lowers water pressure below 35 pounds per square inch (PSI). Therefore, in order have adequate pressure when needed, the applicant proposes to install a 1.4 acre fresh water pond to be used as a storage vehicle, thereby ensuring an adequate water supply is available at all times. The approximate water volume of the proposed tank will be 5 million gallons of water. The applicant will be required to upgrade the existing six inch water service line that serves the property to an eight inch water line. In lieu of installation, funds equaling the cost of installation may be placed into escrow for future installation. This provision has been added to the draft ordinance. Pipelines. The site plan indicates a pipeline easement running north from the drilling site, City of Colleyville Page 3 Printed on 10/8/2010 Agenda Briefin_g Continued then south across the subject property to the adjacent property. No pipeline permit has been submitted. A separate pipeline plan will be submitted by a pipeline company for additional approval by the City Council prior to construction of any pipelines. A copy, provided by Energy Transfer, of the potential pipeline route that would service the proposed pad site is attached. However, this is strictly for informational purposes. The pipeline route and pipeline specifications cannot be considered as part of the consideration of this SUP request. Production/Operation Site Plan. The production site includes the two acre site to be surrounded by an eight-foot masonry screening wall. The site will contain up to 14 water storage tanks, each 16 feet in diameter and eight feet in height. In addition to the tanks there will be a meter run and a horizontal separator, all surrounded by an impervious liner. The final production site may be operational for up to 30 years. Noise Mitigation. The applicant intends to abide by the minimum requirements of Chapter 3.1 with regard to noise mitigation. Chapter 3.1 requires that noise levels not exceed 65 decibels (d B) for drilling operations, 85 dB for fracturing operations and 55 dB for production operations. All measurements are taken at 300 feet in all directions from the drilling and production site. Staff recommends that the applicant be required to abide by the amended noise provisions of Chapter 3.1, which require the operator to be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a well permit. Once the drilling is complete, the operator is required to establish a new ambient noise level prior to the installation of any new noise generating equipment. In order meet the noise standards, acoustical blankets and sound walls may be required. 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. During the first phase of drilling operations an eight (8) foot screening fence must be installed around the entire pad site. 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 are contained within the proposed updates to Chapter 3.1, which are adopted by reference in the draft ordinance. City of Colleyville Page 4 Printed on 10/8/2010 Agenda Briefing Continued Buffering. The proposed updates to Chapter 3.1 require that no structure intended for human occupancy shall be constructed within 300 feet of an existing gas well head, tank battery or other gas well equipment unless approved by the City Council. This provision would apply to any future development around the wellheads, if approved. 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 SH26 to Tinker Road, then west on Tinker Road Pleasant Run Road to the well site. The route froi the site, in reverse. Staff agrees that the proposed City's street infrastructure and neighborhoods and given the turning radii for each street intersection. as follows: To the well site -south on to Pleasant Run Road, then north on ~ the well site will duplicate the route to route will provide the least impact to the is also the safest route for large trucks 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. -Air Quality Both the Environmental Protection Agency and the Texas Commission on Environmental City of Colleyville Page 5 Printed on 10/8/2010 Agenda Briefing Continued 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. The proposed amendments to Chapter 3.1 prohibit the venting of any gas into the air. The applicant has submitted an emissions control plan that details provisions intended to mitigate airborne emissions. However, given the continued 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 prior to drilling activities and 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. -Groundwater protection and site run-off 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. The proposed amendments to Chapter 3.1 contain a new section on comprehensive groundwater protection standards. These include concrete casing of all wells where they penetrate fresh water strata formations in order to protect groundwater supplies. The applicant has agreed to these provisions. A minimum three foot earthen containment berm is required to be installed around the entire perimeter of the pad site as well. Given size of City of Colleyville Page 6 Printed on 10/8/2010 Agenda Briefing Continued the pad site, the berm could contain up to 1.9 million gallons of liquid in the event of a spill or blowback. No pollutants of any kind are permitted to enter local watersheds. -Other Regarding the fresh water pond, the applicant proposes to stock the pond with fish in order to mitigate any possible mosquito breeding. The applicant proposes to address dust issues through the use of dust control agents such as soil cement or crushed concrete. Site Inspections. Staff recommends that all required site and equipment inspections be performed by a certified, professional third-party inspection company approved by the City and funded by the applicant. Waiver Requests. The applicant is requesting several waivers to the separation requirements from a residence. Chapter 3.1 requires a minimum separation of 1,000 between a gas well and a residence. Based on the location of the proposed well heads, there are four single family homes within 1,000 feet. The breakdown of the location and distance from homes is as follows: - 7612 Pleasant Run Road: 653 feet from closest well head - 7408 Pleasant Run Road: 689 feet from closest well head - 7404 Pleasant Run Road: 515 feet from closest well head - 7401 Pleasant Run Road: 911 feet from closest well head The property owners of all of the homes listed above have submitted signed and notarized affidavits waiving their objections to the wellheads being within 1,000 feet of the homes located on their properties. Copies of these affidavits are attached to the briefing. The distance separation waivers requested by the applicant may only be approved by the City Council. These waiver requests have not been added to the draft ordinance Surrounding Properties. The surrounding properties consist of residential and agricultural uses. The properties to the west are zoned AG-Agricultural and PUDR-Planning Unit Development Residential and are vacant and contain single family residences. Properties to the north are zoned AG-Agricultural and contain a single family residence. The properties to the east are zoned AG-Agricultural and contain agricultural uses and a single family residence. The properties to the south are zoned AG-Agricultural and contain single family residences. Public Notification. Staff mailed notices to three adjacent property owners regarding this request. 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 that were the same letters of support for the previous Titan SUP requests. A summary of those letters is attached to this briefing. One letter of opposition has been received. City of Colleyville Page 7 Printed on 10/8/2010 Agenda Briefing Continued Summary of Staff Recommendations. As stated above, staff has written the draft ordinance such that it adopts the proposed amendments to Chapter 3.1 by reference. The recommendations below only relate to provisions not contained in the proposed Chapter 3.1 amendments. (1) The gas well operator may drill up to 14 wells as part of this SUP. (2) 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. (3) 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 prior to any drilling activities and 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. (4) All fresh water ponds shall require City approved mosquito mitigation methods. (5) 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. Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Approve the request as submitted (with listed conditions in the draft ordinance); 2. Approve the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 8 Prinfed on 10/8/2010 Location and Zoning Map 7 7~~a 7612 AG AG SIT 75t}4 7409 74~ 7408 7400 T40d 7404 7401 AG zso4 ~~~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Quenichet, Oburn B 7612 Pleasant Run Rd Colleyville TX 76034 007612 Pleasant Run Rd 4uenichet, John W 7612 Pleasant Run Rd Colleyville TX 76034 007612 Pleasant Run Rd Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 007409 Pleasant Run Rd Quenichet, Oburn 7612 Pleasant Run Rd Colleyville TX 76034 007612 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007504 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007404 Pleasant Run Rd Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 007400 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007408 Pleasant Run Rd Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 007400 Pleasant Run Rd Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 007401 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007408 Pleasant Run Rd Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 007408 Pleasant Run Rd Trinity Chris Center Inc 2442 Michelle Dr Tustin CA 92780 007404 Pleasant Run Rd Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 007100 Pleasant Run Rd Chris Hammack 111 W. Fourth St. Suite 300 Ft. Worth TX 76102 applicant Public hearing notices were mailed on Wednesday, Sept. 29, 2010 by Amy Shelley Transportation Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER CITY OWNER ZIP SITUS ADDR Trinity Christian Center Inc 2442 Michelle Dr Tustin CA 92780 007401 Pleasant Run Rd Trinity Christian Center 2442 Michelle Dr Tustin CA 92780 007408 Pleasant Run Rd Trinity Chris Center Inc 2442 Michelle Dr Tustin CA 92780 007404 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007304 Pleasant Run Rd Trinity Chris Ctr Santa Ana PO Box A Santa Ana CA 92711 007302 Pleasant Run Rd Trinity Chris Ctr Santa Ana 2442 Michelle Dr Tustin CA 92780 007300 Pleasant Run Rd Harrison, Cynthia 800 John McCain Rd Colleyville TX 76034 000800 John McCain Rd Morris, Stephen 7201 Pleasant Run Rd Colleyville TX 76034 007201 Pleasant Run Rd Trinity Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 007200 Pleasant Run Rd Miller, Douglas L Etux Cynthia 7112 Pleasant Run Rd Colleyville TX 76034 007112 Pleasant Run Rd Kitchens, Michael Etux Patrici 7101 Pleasant Run Rd Colleyville TX 76034 007101 Pleasant Run Rd Federal Home Loan Mtg Corp 5000 Plano Pkwy Carrollton TX 75010 000600 John McCain Rd Gentry, Carol Ann 7000 Pleasant Run Rd Colleyville TX 76034 007000 Pleasant Run Rd Wiser, Michael J 6916 Pleasant Run Rd Colleyville TX 76034 006916 Pleasant Run Rd McKeown, Kenneth F Etux Lynne 6909 Pleasant Run Rd Colleyville TX 76034 006909 Pleasant Run Rd Meadows, Timothy P Etux Becky 6901 Pleasant Run Rd Colleyville TX 76034 006901 Pleasant Run Rd Pool, Robert A 6905 Pleasant Run Rd Colleyville TX 76034 006905 Pleasant Run Rd Abeyta, Michael Etux Shirley 6908 Pleasant Run Rd Colleyville TX 76034 006908 Pleasant Run Rd Brown, Howard H PO Box 396 Colleyville TX 76034 006900 Pleasant Run Rd Quinn, Thomas F Jr 6817 Pleasant Run Rd Colleyville TX 76034 006817 Pleasant Run Rd Spurlock, Joe II Etux Cheri L 6816 Pleasant Run Rd Colleyville TX 76034 006816 Pleasant Run Rd Havard, Steven Etux Athenna 6813 Pleasant Run Rd Colleyville TX 76034 006813 Pleasant Run Rd Gade, Michael J Etux Regina C 6808 Pleasant Run Rd Colleyville TX 76034 006808 Pleasant Run Rd Myers, Louis) 700 Fegans Path Colleyville TX 76034 000700 Fegans Path McCormack, Bobby Jack 6802 Pleasant Run Rd Colleyville TX 76034 006802 Pleasant Run Rd Hall, Trent E Etux Laquita 701 Fegans Path Colleyville TX 76034 000701 Fegans Path Roybal, Robert E PO Box 893 Colleyville TX 76034 006800 Pleasant Run Rd Scott, David A Etux Jennifer 6704 Pleasant Run Rd Colleyville TX 76034 006704 Pleasant Run Rd Crown Of Life Lutheran Church 6605 Pleasant Run Rd Colleyville TX 76034 006605 Pleasant Run Rd Ledbetter, Harold C & Sheryll 6700 Pleasant Run Rd Colleyville TX 76034 006700 Pleasant Run Rd Burkham, Mike V PO Box 913 Colleyville TX 76034 006604 Pleasant Run Rd Cameron, Mark J 6600 Pleasant Run Rd Colleyville TX 76034 006600 Pleasant Run Rd Campbell, John Kenyan 6508 Pleasant Run Rd Colleyville TX 76034 006508 Pleasant Run Rd Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 001000 Tinker Rd Williky, Gary S Etux Nancy A 1312 Tinker Rd Colleyville TX 76034 001312 Tinker Rd Dotti, Michael W Etux Nancy E 1310 Tinker Rd Colleyville TX 76034 001310 Tinker Rd Stricklin, Reagan Etux Jennife 6504 Pleasant Run Rd Colleyville TX 76034 006504 Pleasant Run Rd Gonzales, Eliel W 6500 Pleasant Run Rd Colleyville TX 76034 006500 Pleasant Run Rd Oncor Electric Delivery Co Llc PO Box 219071 Dallas TX 75221 006413 Pleasant Run Rd Dagnan-Bargy, Jennifer Etvir T 6401 Cutter Ridge Ct Colleyville TX 76034 006401 Cutter Ridge Ct Alcantara, Felix P & Amy E 6403 Cutter Ridge Ct Colleyville TX 76034 006403 Cutter Ridge Ct Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville TX 76034 006317 Pleasant Run Rd McKinney, Stacy 1600 Village Dr Apt 1321 Euless TX 76039 006409 Pleasant Run Rd Powell, Ted B Etux Elda Laura 6400 Cutter Ridge Ct Colleyville TX 76034 006400 Cutter Ridge Ct Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville TX 76034 006317 Pleasant Run Rd Xaris Investments Ltd 1310 Tinker Rd Colleyville TX 76034 001304 Tinker Rd Cnc Custom Homes Inc 4801 Behrens Ct Colleyville TX 76034 006405 Pleasant Run Rd Lam, Conner 1280 Post Oak Trl Southlake TX 76092 006312 Colleyville Bivd Miller, Sandra G 6313 Pleasant Run Rd Colleyville TX 76034 006313 Pleasant Run Rd Dolan, Thomas D Etux Edna 6317 Pleasant Run Rd Colleyville TX 76034 006317 Pleasant Run Rd Jenkins, Gary D Etux Barbara 1212 Tinker Rd Co-leyville TX 76034 001212 Tinker Rd Jones, Robert C & Elisa 1204 Tinker Rd Colleyville TX 76034 001204 Tinker Rd Davis, Gary D Etux Mary Ann 6400 Pleasant Run Rd Colleyville TX 76034 006400 Pleasant Run Rd Baier, Dale E Etux Maryanna 1410 Tinker Rd Colleyville TX 76034 001400 Tinker Rd Davis, Ullin D Etux Patricia 6316 Pleasant Run Rd Colleyville TX 76034 006316 Pleasant Run Rd Ostman, Neal Etux Janis N 1104 Tinker Rd Colleyville TX 76034 001104 Tinker Rd Dotti, Michael & Nancy E 1310 Tinker Rd Colleyville TX 76034 001308 Tinker Rd Turpentine, George A 1100 Tinker Rd Colleyville TX 76034 001100 Tinker Rd Flowers, Keith 1012 Tinker Rd Colleyville TX 76034 001012 Tinker Rd Usrey, Gerald L 1008 Tinker Rd Colleyville TX 76034 001008 Tinker Rd Baler, Dale E 1410 Tinker Rd Colleyville TX 76034 001410 Tinker Rd Miller, Judith A PO Box 879 Colleyville TX 76034 001412 Tinker Rd Spann, Teresa G & Delmer Spann 6301 Kingston Colleyville TX 76034 006301 Kingston Dr Wood, Rosy Martinez 6300 Kingston Colleyville TX 76034 006300 Kingston Dr Jennings, Jeff L & N J Jacobi 6301 Ponderosa Ln Colleyville TX 76034 006301 Ponderosa Ln Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 000908 Tinker Rd Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 000904 Tinker Rd Good Shepherd Catholic Ch 800 W Loop 820 S Fort Worth TX 76108 000900 Tinker Rd Bufe, Martha 1509 Tinker Rd Colleyville TX 76034 001509 Tinker Rd Lewis, Mary Belinda 7004 Rosebrook Colleyville TX 76034 001201 Tinker Rd Pecan Tinker Lp 901 John McCain Rd Colleyville TX 76034 006226 Colleyville Blvd Bolton, Jonathon Etux Carol 105 Williamsburg Ct Colleyville TX 76034 001109 Tinker Rd Cannedy, Jack D Etux Sue 1313 Tinker Rd Colleyville TX 76034 001313 Tinker Rd Roach, John F Etux Debra G 1315 Tinker Rd Colleyville TX 76034 001315 Tinker Rd Forbes, Warren Dale 1317 Tinker Rd Colleyville TX 76034 001317 Tinker Rd Richards, Leslie E Jr Etux B L 1401 Tinker Rd Colleyville TX 76034 001401 Tinker Rd De Berard, Lawrence L & Linda 6210 Ponderosa St Colleyville TX 76034 006210 Ponderosa St Fairlamb, Richard C Etux S 6209 Ponderosa St Colleyville TX 76034 006209 Ponderosa Ln Payne, Janice L 6033 Deborah Ln Watauga TX 76148 001105 Tinker Rd Nunn, Kenneth E 1r 1101 Tinker Rd Colleyville TX 76034 001101 Tinker Rd Vigil, Stephen L Etux Theresa 1011 Tinker Rd Colleyville TX 76034 001011 Tinker Rd Agler, Wesley & Teresa 1009 Tinker Rd Colleyville TX 76034 001009 Tinker Rd Stromberg, William M 223 NE Loop 820 Ste 101 Hurst TX 76053 001005 Tinker Rd Decavitte, Dean Etux Michelle 420 Stockton Dr Southlake TX 76092 000911 Tinker Rd Rice, Robert R Etux Carolyn K 1305 Tinker Rd Colleyville TX 76034 001305 Tinker Rd Goodale, Steven E Etux Lynette 1209 Tinker Rd Colleyville TX 76034 001209 Tinker Rd Finkley,William Etux Elizabeth 1213 Tinker Rd Colleyville TX 76034 001213 Tinker Rd Gorena, Sandi J Etux Carlos Jr 909 Tinker Rd Colleyville TX 76034 000909 Tinker Rd Vencill, Robert Etux Shirley 6215 Pleasant Run Rd Colleyville TX 76034 006215 Pleasant Run Rd Kralich, Jeff Etux Sue 1309 Tinker Rd Colleyville TX 76034 001309 Tinker Rd Parker, Glen D Etux Lily 6213 Pleasant Run Rd Colleyville TX 76034 006213 Pleasant Run Rd Chris Hammack 111 W. Fourth St. Suite 300 Ft. Worth TX 76102 applicant Public hearing notices were mailed on Wed. Sept. 29, 2010 by Amy Shelley. Am Shelley Letters of Opposition Subject: FW: From: Becky Davis Sent: Thursday, September 30, 2010 9:34 PM To: Ron Ruthven Subject: I have just read the article in the Colleyville Courier and am incensed that we are considering a permit to allow Titan Operating to drill gas wells in Colleyville. What aze you thinking??? This will absolutely compromise the quality of life in this area. You can pay for many different surveys, but look at the actual history of what has already happened in areas south west of Fort Worth that have had the drilling for a couple of years. They are experiencing earth tremors, polluted water and runoff from from the drilling process, not to mention the air quality issues. There have been so many negatives from people who currently reside in areas that have experienced this drilling, why would the city of Colleyville entertain creating such a hazardous environment? Have you gone to see what these wells look like when they begin drilling? The site fee of $15,000 and the drilling fee of $10,000 are mentioned in the articles as if they are some grand amount of money. This is a joke compared to the millions of dollars this company would make. The money that the city or any of us as individuals would receive would be nothing compared to what we will lose in the long run. Becky Davis 4107 Paddington Lane Colleyville Information from Applicant Regarding Letters of Support ,,; TITAN OPERATING, LLC September 28, 2010 Amy Shelley Planning and Zoning Assistant City of Colleyville 100 Main Street Colleyville, TX 76034 Dear Ms. Shelley: I am respectfully submitting these letters of support for Titan Operating TCC SUP - ZC 10-022 - 7504 Pleasant Run Road. As you are aware, these are the original letters of support for Titan Operating's Quenichet drill site that has now been moved to Trinity Christian Center property at 7504 Pleasant Run Road. Let me know if you have any questions. Sincerely, ~~ ~^ C" Chris Hammack Vice President Operations Titan Operating, LLC SEP `L ~ ~i11(1 111 W. FOURTH STREET, SUITE 300. FORT WOR'rN, TX - 76102 PHONE: 817-698-8000 - FAX 817-698-8343 Summary of Letters of Support NAME ADDRESS STREET NAME CITY IN 200 NOTIFICATION AREA 1 Bryant Marbleall ? ? ? ? ? 2 Robert Wittman ? ? Colleyville No 3 Charles Lamb 203 Adams Ct. Colleyville No 4 Michael Brown 508 Bandit Tr. Colleyville No 5 Bill Goodman 513 Bandit Tr. Colleyville No 6 Wayne & Kim Putlak 205 Bandit Trl. Colleyville No 7 William LeGrand 300 Bandit Trl. Colleyville No 8 Sandra LeGrand 300 Bandit Trl. Colleyville No 9 Wayne Beaman 501 Belmont Dr. Colleyville No 10 Wayne & Joy Beaman 501 Belmont Dr. Colleyville No 11 Joel & Gayle Maxwell 5701 Bent Tree Court Colleyville No 12 Brad Meyer 5703 Bent Tree Ct Colleyville No 13 Michael & Elizabeth Love 5700 Bent Tree Ct. Colleyville No 14 Jackie Lane 5702 Bent Tree Ct. Colleyville No 15 Gay Bearden 6000 Bettinger Colleyville No 16 Harold Cline 6316 Bettinger Colleyville No 17 Earl & Lucille Region 5805 Bettinger Dr. Colleyville No 18 Eddie & JoAnne Livingston 6108 Bettinger Dr. Colleyville No 19 Keri Davis 6201 Bettinger Dr. Colleyville No 20 Paul Copenhaver (Trustee) 6300 Bettinger Dr. Colleyville No 21 Doris Gray 6309 Bettinger Dr. Colleyville No 22 Jo Etta & Michael Feaster 500 Beverly Dr. Colleyville No 23 Tim Edwards 608 Beverly Dr. Colleyville No 24 Marion & Mildred Jenkins 609 Beverly Dr. Colleyville No 25 Claire Lopez 701 Beverly Dr. Colleyville No 26 Helen Lear/Nancy Migl-POA 5901 Bransford Colleyville No 27 B. Darrell & Barbara Gotcher 5816 Bransford Rd. Colleyville No 28 Phillip & Rachel Serra 6500 Caldwell Hughes Rd. Colleyville No 29 Maisen Baron Group 7113 Cedar Ct. Colleyville No 30 Kenneth Love 7200 Cedar Ct. Colleyville No 31 Rick Campbell 7205 Cedar Ct. Colleyville No 32 Richard Mullins 7208 Cedar Ct. Colleyville No 33 34 Clyde Nelson Van Nox Patrick Quinn 7300 7304 Cedar Ct. Cedar Ct. Colleyville Colleyville No 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 42 Joseph & Susan Kella Jonathan & Jennifer Leding 6504 501 Champion Way Chisolm Ct. Colleyville Colleyville No 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 47 Eugene & Dolores Bergfeld James Storm 600 601 Colleyville Terrace Colleyville Terrace Colleyville Colleyville No No 48 49 David Dickey Richard & anita Rotenberry 605 700 Colleyville Terrace Colleyville Terrace Colleyville Colleyville No No 50 57 52 53 54 Richard Wrisley Tommy Davis Tommy Davis Jeffrey & Aliza Miller Patricia Robinson 704 708 708 801 804 Colleyville Terrace Colleyville Terrace Colleyville Terrace Colleyville Terrace Colleyville Terrace Colleyville Colleyville Colleyville Colleyville Colleyville No No No No 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 8~ Li Peng 6708 David Ln. Colleyville No 60 Michael 8 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 54 Carolyn Mithcell 508 Frontier Ct. Colleyville No 85 David 8 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 8 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 Teny 1103 Hardage Cr. Colleyville No 74 Charles McDaniel 1101 Hardage Ct. Colleyville No 75 J. Daniel & Becky Smith 1102 Hardage Ln Colleyville No 78 Maria Ewing 1104 Hardage Ln Colleyville No 77 Tommy & Vickie Jordan 900 Hardage Ln Colleyville No 78 Gary 8 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 8 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 8~ 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 WiII 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 Lany 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 118 Joe & Kay Hanzelka 6508 Kingston Colleyville No 117 Ed & Cynthia Bittick 6405 Kingston Dr. Colleyville No 118 Tom Shears 6504 Kingston Dr. Colleyville No 119 John & Diane Pce 6004 L D Lockett Rd Colleyville No 120 Kathy Pirkle 807 Laurel Oaks Ln. Colleyville No 121 kathy Scovic 809 laurel Oaks Ln. Colleyville No 122 Jimmy Labrecque 6212 LD Lockett Colleyville No 123 Don Dixon 6012 Ld Lockett Rd Colleyville No 124 Rachel Whittlesey & Scott Burnett 6208 LD Lockett Rd Colleyville No 125 Lonnie & Nancy Williams 7609 Leesburg Dr. Colleyville No 126 Lou Anne King Jensen 7802 Leesburg Dr. Colleyville No 127 James 8 Edi Gray 505 Leta Ln. Colleyville No 128 Eric & Susan Hulet 608 Leta Ln. Colleyville No 129 Eldon & Barbara Surley 617 Leta Ln. Colleyville No 130 Wesley Bailey 1504 McCain Ln. Colleyville No 131 Mark & Mary Watson 111 McDonwell School Rd. Colleyville No 132 Donald Dunn 6915 Meade Dr Colleyville No 133 Brandon & Julie Brake 6005 Milan Ct. Colleyville No 134 Justin & Laura Johnson 6012 Milan Ct. Colleyville No 135 Michael & Jennifer Azbell 7207 Monticello Pkwy. Colleyville No 136 Tom Loesing 7503 Monticello Pkwy. Colleyville No 137 Randy & Becky Petree 7605 Monticello Pkwy. Colleyville No 138 Tuong-Khanh Vu 8105 Montpelier Way Colleyville No 139 Miles & Sandra Davis 7510 Mount Vernon Colleyville No 140 George Scott 7502 Mount Vernon Dr. Colleyville No 141 Lany 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 181 Peter & Geraldine Fedynich 7109 Peters Path Colleyville No 182 Mona Coulter 6105 Pleasant Run Colleyville No 163 Jon Reitman 5702 Pleasant Run Rd Colleyville No 164 Tod & Deborah Chasezewski 5707 Pleasant Run Rd Colleyville No 165 Larry Stewart 5912 Pleasant Run Rd Colleyville No 166 Eddie Stowe 6014 Pleasant Run Rd Colleyville No 167 Frankie Ann Stowe 6212 Pleasant Run Rd Colleyville No 168 Joe & Cheri Spurlock II 6816 Pleasant Run Rd Colleyville No 169 Kenneth McKeown 6909 Pleasant Run Rd Colleyville No 170 Lynne McKeown 6909 Pleasant Run Rd Colleyville No 171 Stephen & Renee Morris 7201 Pleasant Run Rd Colleyville No 172 Stephen & Brooke Moose 7204 Pleasant Run Rd Colleyville No 173 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 174 James & Constance Hampton 5804 Pleasant Run Rd. Colleyville No 175 Scott & Mary Willis 6114 Pleasant Run Rd. Colleyville No 176 Michael Burkham 6604 Pleasant Run Rd. Colleyville No 177 David & Jennifer Scott 6704 Pleasant Run Rd. Colleyville No 178 Robert Pool 6905 Pleasant Run Rd. Colleyville No 179 Michael Abeyta 6908 Pleasant Run Rd. Colleyville No 180 Linda McCrary 408 Polo Ct. Colleyville No 181 Steve & Mary Ann Mansell 320 Polo Tr. Colleyville No 182 Ben Wasson 304 Polo Trl. Colleyville No 183 Lynn Putnam 315 Polo Trl. Colleyville No 184 Gary McPherson 316 Polo Trl. Colleyville No 185 John Keany 203 Polo Trl. Colleyville No 186 Dan & Vikkie Chaney 5904 Ponderosa Colleyville No 187 Kevin Gavlak 5712 Ponderosa Ct. Colleyville No 188 James & kerry Kniese 6512 Ponderosa Ln Colleyville No 189 Jonathan Lee 6412 Ponderosa Ln. Colleyville No 190 Charles Smith 6417 Ponderosa Ln. Colleyville Na 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 198 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 Amolodo & Susan Easterly 604 Potomac Place Southlake No 200 Alfredo & Cinde Perales 209 Raintree Ct. Colleyville No 201 Jeff & Fredda Hall 504 Remington Ct. Colleyville No 202 Vicky Gardner 511 Remington Ct. Colleyville No 203 Danna Ward 500 Remington Pkwy. Colleyville No 204 Ron Magnuson 6304 Remington Pkwy. Colleyville No 205 Tracy Evatt 200 Rochelle Ct. Colleyville No 206 Dan Moody 6901 Rockingham Ct. Colleyville No 207 Tom Trautman 500 Sagebrush St. Colleyville No 208 Kenneth Fraser 501 Sagebrush St. Colleyville No 209 Darcel 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 8~ Dinah Stephens 612 Shelton Dr. Colleyville No 229 Ronnie & Donna Walker 804 Shelton Dr. Colleyville No 230 T om & Julie Braun 8 09 S helton Dr. C olleyville No 231 B illy Hugon 6 09 S hetland C olleyville No 232 P amela Skotak & Hilton Marques 6 08 S hetland Dr. Colleyville No 233 Z ubin Khubchanduri 6 12 S hetland Dr. Colleyville No 234 Zubin Khubchanduri 612 Shetland Dr. Colleyville No 235 J ohnnie Crisp 613 Suellen Cr. Colleyville No 236 Teny & Debbie Bouton 611 Terrace Ln. Colleyville No 237 Jeffrey Embrey 6301 Theresa Ln. Colleyville No 238 Walter Deetz & Sandy Shepherd 7603 Tillman Hill Colleyville No 239 Louis & Elizabeth Miller 7802 Tillman Hill Ct. Colleyville No 240 Richard & Helen Mayse 7501 Tillman Hill Rd. Colleyville No 241 Michael & Marsha Bratz 7503 Tillman Hill Rd. Colleyville No 242 Gerald Usrey 1008 Tinker Rd. Colleyville No 243 Wesley Agler Jr. 1009 Tinker Rd. Colleyville No 244 Gary & Barbara Jenkins 1212 Tinker Rd. Colleyville No 245 Alan & Jul Kamen 7212 Tumbleweed Ct. Colleyville No 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 281 Michael & Carol Burke 309 W. Charlottesville Ave. Colleyville No 262 Richard & Janet Cunningham 311 W. Covington Way Colleyville No 283 Henry Wells 413 W. McDonwell School Rd Colleyville No 264 Mickey Harris 109 W. McDonwell School Rd. Colleyville No 265 Carter & Yvonne Hatton 307 W. McDonwell School Rd. Colleyville No 266 Norman Arkoos 501 W. McDonwell School Rd. Colleyville No 267 Ronald Mason 805 W. Murphy Colleyville No 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 276 George & Kay Standridge 7200 Waldon Ct Colleyville No 277 Mike Harvison 7208 Waldon Ct Colleyville No 278 Jason Taylor 7209 Waldon Ct Colleyville No 279 Neil & Melinda Both 7101 Waldon Ct. Colleyville No 280 Marco Coppola 7105 Waldon Ct. Colleyville No 281 Clarence & Joy Lee 7109 Waldon Ct. Colleyville No 282 Trent Bauer 7113 Waldon Ct. Colleyville No 283 Steven & Donna Hawkins 7201 Waldon Ct. Colleyville No 284 Dee Ann Naler 6101 Waller Ln. Colleyville No 285 Jeffrey S Moschel 6209 Westcoat Dr Colleyville No 286 Jonathan & Carleen Stout 6101 Westcoat Dr. Colleyville No 287 Charles Dominy & Mary Brewer 6208 Westcoat Dr. Colleyville No 288 James 8~ Lynne Dossey 6211 Westcoat Dr. Colleyville No 289 Charles & Linda Simmons 6303 Westcoat Dr. Colleyville No 290 Carleen Hofmann 6400 Westcoat Dr. Colleyville No 291 292 293 294 Bobby Fitzgerald Marilyn S. Fitzgerald Jeremy Blythe James Braswell 201 308 204 106 White Dr White Dr White Dr. Williamsburg Ct. Colleyville Colleyville Colleyville Colleyville No No No No 295 296 297 GW Addy Brian Estridge & Rebecca Ringer Alice mathew 7217 7209 7401 Windswept Windswept Tr. Windswept Tr. Colleyville Colleyville Colleyville No No No 298 Donal DeGroot 7420 Windswept Tr. Colleyville No 299 300 Gary Hazlewood Tai Wai David Chen 7600 7205 Windswept Tr. Windswept Trl. Colleyville Colleyville No No 301 Cal Fletcher 7208 Windswept Trl. Colleyville No 302 Gale 8~ 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 STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC TCC 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 operating of multiple gas wells within the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan TCC 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, 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 TCC pad site to begin January, 2011. After construction of the pad site Titan anticipates the drilling of 3 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 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. 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 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 G: JOB/10-TTN016-TBN/PETRO/SUP/STATEMENT OF PLANNING OBJECTIVES.DOC 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 the road and drill site are constructed, 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 complete. 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 1.4 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. Produced water 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 an 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 at 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. G: JOB/10-TTN016-TBN/PETRO/SUP/STATEMENT OF PLANNING OBJECTIVES.DOC DRAINAGE Well-heads, meters, storage tanks, separation facilities, or other post drilling and completion permanent above ground facilities will be located on a drill site that is graded in such a manner to be elevated above 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 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 Per City ordinance, the equipment on the operation site will be screened from public view by a combination of screening shrubs that will be installed completely around the well site and the required screen fence. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in good condition. G: JOB/10-TTN016-TBN/PETRO/SUP/STATEMENT OF PLANNING OBJECTIVES.DOC DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the TCC pad site to begin the 4`"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 14 wells off the site over the next 5 to 7 years. G: JOB/10-TTN016-TBN/PETRO/SUP/STATEMENT OF PLANNING OBJECTIVES.DOC ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $108,300,000 in lease bonus dollars in the City of Colleyville to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $230,000 per well in ad valorem taxes for the city over a 15 year period. 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Waiver Request sTaT~ OF rrxAs COIJ~ITY OF T.ARR.AN`l 'V~':41VER OF CITI' UI~' COLLEYVILLIF 1.W0' llRILI INC OFFSET RESTRICTION This is to give Written notice that the undersigned does hereby waive any ol,!jection to TITAI\_..OI'ER. ING_, T-LC, being granted a permit to conduct drilling operations 3ess than 1,000 feet i'rom the boundaries et the property of the u:rdzrsigned, described as 23.?46 at;res in the William E. Crooks Sarvcy 4-295 'l'arrant Gouiitti 'fexns_.and being the same_„land described in that Warrantv_Oe~sl~m..~ydnev Marv ' 1 tower. Inci_,pe endent Ext~:utrix of the Estate of Robert C. Hightower peceased. _t4 Svdne~•. Marv Hightower Truste of the Robert Hi,~r+~nuer TeStanlenta:-y Trust_recorded as Instrument No. U 199084668 of the 0*~`icial Iaeed Records of Tarrant County, and the undersi~med does hereby request that the City of Colleyville grant TITAN 01'EI2aTLNG. Ij. ~(' a variance to the I,Ot10 feet offset restriction and a permit to ':!'CYAN UPERATiN.~ LLC to drill the ~vetl presently being sought to be drilled by TiT13N UP1rRAT'ING. LLC, and :any other well caught to b: dritled by "t'!`1~Ar UPERaTtNC, z~LC in order tit+at he minerals of the undersigned may be properly developed in accordance with the presently zxistint; oil and gas lease executed by the undersigned in fa~'or of TITAN OP£Rr~.1'ING. LLC. This action is taken to ratify Paragraph 9 of the Oil and Gras I.eas~ between the pazties hereto and expressly state the desires of the undersigned in accordance uvith Paragraph 20 i:f paid lease. 1 d~•u~ ~~' A ARY I-IIG TOV~%sr . Sl 1\E TRUSTEE OF TIiF. ROBERT IiICiHl'QW ER T>rSTAMFNT,1[i.Y 'Y RUST ST,1TP. OF TEXAS COI:N'fY Uf "tARRANT This instrument w~~c acknowledged before me bt'S}duet' Mar'~t4lttower, Trustee of the Kobert Hightower Testamentary'frust an this ~ day of 'votary I'uhlio. btttte of Teas ~.~+ ROlH }IAINM • trotary >~ C ~y Texas ~'-a torten. ExP1r~s 02.01-20l4 STATE OF TEXAS COUNTY OF TARRANT WAIVER OF CITY OF COLLEYVILLE 1,040' DRILLING OFFSET RESTRICTION This is to give written notice that the undersigned does hereby waive any objection to TITAN OPERATING, LLC, being granted a permit to conduct drilling operations less than 1,000 feet from the boundaries of the property of the undersigned, described as 54.06 ACRES described in 4 tracts as shown on the attached Exhibit "A" , and the undersigned does hereby request that the City of Colleyville grant TITAN OPERATING. LLC a variance to the 1,000 feet offset restriction and a permit to TITAN OPERATING, LLC to drill the well presently being sought to be drilled by TITAN OPERATING, LLC, and any other well sought to be drilled by TITAN OPERATING, LLC in order that the minerals of the undersigned may be properly developed in accordance with the presently existing oil and gas lease executed by the undersigned in favor of TITAN OPERATING, LLC. This action is taken to expressEy state the desires of the undersigned in accordance with Paragraph 20 of the Oil and Gas Lease between the parties hereto. ~~ OBURN QUENICHET Individually and as Independent Executrix of the Estate of John Wesley Quenichet STATE OF TEXAS COUNTY OP TARRANT This instrument was acknowledged before me by Oburn Quenichet, lndividually and as Independent Executrix of the Estate of John Wesley Quenichet on this ~ day of, 2010. ,g'A LORI L. STUBBLEFIELD ~ My Commission Expiros October 15, 2b13 Notary Publ c, State of Tex STATE OF TEXAS COUNTY OF TARRANT WAIVER OF CITY OF COLLEYVILLE 1.000' DRILLING OFFSET RESTRICTION This is to give written notice that the undersigned does hereby waive any objection to TITAN OPERATING. LLC, being granted a permit to conduct drilling operations less than 1,000 feet from the boundaries of the property of the undersigned, described in the Oil and Gas Leases, which are identified on Exhibit "A" attached hereto, and the undersigned does hereby request that the City of Colleyville grant TITAN OPERATING, LLC a variance to the 1,000 feet offset restriction and a permit to TITAN OPERATING. LLC to drill the well presently being sought to be drilled by TITAN OPERATING, LLC, and any other well sought to be drilled by TITAN OPERATING, LLC in order that the minerals of the undersigned may be properly developed in accordance with the presently existing oil and gas lease executed by the undersigned in favor of TITAN OPERATING. LLC. This action is taken to ratify Paragraph 9 of the Oil and Gas Lease between the parties hereto and expressly state the desires of the undersigned in accordance with Paragraph 20 of the Oil and Gas Lease between the parties hereto. State of California County of ©t`a n q G- ~d~~ ~``bl~~ On ~ury~ !'!, auto before me bt~ANDA J R~~it11E, , personally appeazed J 13 ,[iASaR1 A , who proved to me on the basis of satisfactory evidence to be the person( whose name() is/a~ subscribed to the within instrument and acknowledged to me that he/~ executed the same in his/l~/ authorized capacity(iva), and that by his/la~or/~er~ signature( on the instrument the person(~v~, or the entity upon behalf of which the person(a~ acted, executed the instrument. I certify under PENALTY OF PERNRY under the laws of the State of California that the foregoing paragraph is trae and correct. WITNESS my hand and official seal. w~wor-~. ~ caannMaon • »e»to CicmatnrP• l.9/'G_~c_C~Q.~ p ~ ---`~'_~__ ---- ~ Mr. Chris Hamilton, AWB Environmental Scientist Peloton Land Solutions 5751 Kroger Drive Keller, Texas 76244 July 16, 2010 City of Colleyville Code Enforcement Department 100 Main Street Colleyville, Texas 76034 RE: Titan-TCC Well Pad Site Tree Removal To Whom It May Concern, This letter pertains to the proposed tree removal by Titan Operating, LLC (Titan) for the construction of the proposed TCC well pad site, frac pond, and access road that is located approximately 2,000 feet northwest of the intersection of John McCain Road and Pleasant Run Road. Per Chapter 5 (Tree Preservation) of the City of Colleyville Land Development Code a total of 15 protected trees with a total diameter of 275 inches are required to be removed (Attachment A). A good faith effort has been made by Titan to avoid as many protected trees as possible but due to site constraints, the trees listed in Table 1 could not be avoided. Table 1 includes the unique tree identification number, common name, scientific name, and diameter at best height (DBH) of each tree to be removed. T..-,le 1 • Infnrrn~+:nn fnr Trooc fn ha Ramnvprl Identification-Number Common Name Scientific Name DBH 384 American Elm Ulmus americana 18 393 Cedar Elm Ulmus crassifolia 14 396 Cedar Elm Ulmus crassifolia 24 400 Pecan Carya illinoinensis 23 575 Pecan Carya illinoinensis 23 576 Pecan Carya illinoinensis 22 577 Eastern Red Cedar Juniperus virginiana 16 578 Post Oak Quercus stellata 12 579 Blackjack Oak Quercus marilandica 6 580 Post Oak Quercus stellata 13 581 Post Oak Quercus stellata 12 582 Post Oak Quercus stellata 15 583 Post Oak Quercus stellata 14 592 Pecan Carya illinoinensis 31 593 Pecan Carya illinoinensis 32 Total Diameter Inches Removed 275 Titan is proposing to mitigate for the loss of the 275 diameter inches by planting replacement trees with a total of 225 diameter inches around the well pad site and frac pond per the landscape plan included in Attachment e. The replacement trees will be a minimum of three inches in diameter measured one foot above the soil line and a minimum of eight feet in height when planted. Table 2 lists the trees to be planted around the limits of the proposed pad and frac pond including common name, scientific name, diameter and quantity. Table 2: Information for Trees to be Planted Common Name Scientific Name Size Quantity Total Eastern Red Cedar Juniperus virginiana 3 inch caliper 27 81 Southern Live Oak Quercus virginiana 3 inch caliper 18 54 Texas Red Oak Quercus buckleyi 3 inch caliper 17 51 Cedar Elm Ulmus crassifolia 3 inch caliper 13 39 Total Diameter Inches Planted 225 All trees to be removed from the construction site will be flagged with bright colored vinyl tape wrapped around the main trunk at a height of at least four feet such that the tape is visible to workers. Additionally, protected trees directly adjacent to the area of construction will be protected from infringement by the installation of protective fencing between the outer limits of the critical root zone of the tree and the construction area. Protective fencing (four feet in height) will be supported at maximum interval of ten feet by appropriate staking. The protective fencing will be installed prior to commencement of construction and will remain in place until construction of the pad site has been completed. In a case where a low hanging limb may be broken during the course of construction, the obtrusive limb may be cut. Limb cutting will follow the requirements outlined in Section 5.10 of Chapter 5 of the City of Colleyville Land Development Code. Furthermore, any improvements within the Critical Root Zone of a protected tree will also adhere to Section 5. 10 of the City of Colleyville Land Development Code. Please let me know if you have questions or if you need additional information to complete your review. Feel free to contact me at the numbers below or via a-mail at chris.hamilton@pelotonland.com. Sincerely, Chris Hamilton, AWB Peloton Land Solutions Office: 817.562.3350 x232 Cell: 817.880.5045 Attachment A Tree Removal Exhibit Attachment B Landscape Plan C P ~ O N f N ~V ~w ~ ~ go ~~~~ ~ rsss~~= ~ ~ ~ Z ~~ ~~~ ~ aUZ ~N~~~e ~~~ ~ Z!- ~°~~ ~ 6`d$ p°- ~ ~~Ye W how how ~ ~~ w ~~~> y° USA ~ I :w OJ ~~~< a~s~ t~ ~ ~ ~ ~ ~ a S L~jJ ~ g: €: ~ ~ ~ Q. a~~ ~~ uc~~ Z VV// 3 z J ~ z ~ ~ ~ ~ ~ ~b ~~ ~~$ ~ ~ SRS ~~ yig ~~ ~ w~ ~ M F H F F e „' ~ ~i h .. ~ ~ g K~ 3 V ~._, ~ - i .- _... T j 1 ~. . ~ ,'~~. (_.._.. _. ._~ ~~ r~ -~ ~ a l1J Y ~ ~ ~ ` ~` > ~ ~ ~~. Y ~ g s ~ ~. ~~~ r ~~ ; ~N~~~oo ,,~, } ~ ~ _ ~' ~ ~-, ; a r. ~ // -•. - '-~ ~ ~~ ~~~ ~~ ism `~ ~' ~ -~ ~= -\ r LI # vfz+t ! ~. i ~ ~ ' \ 4 ~ :~ r _... ~ ~. -- .~ r ~ 1~ ~ ~ _ J\ 1. ~ _. --- ~ ~ ~ ~~ ~ ~ ~ 4 .... ~ i~ ; ,~ ~ ~ ~ -~ t ~~, ~'< j < /`, ww ~ ~~' ~ ~, j~ ' ,. ,~ ~~ ~ , ~., ~4,. ~, ~ C ~ j { ~ a `~ ~ a Ott 1~ \ \ ~~` ~ ~ ( ~h'~1 ~' ~ V' ~ ;~-< _ r ~ ~ - - ~ ~ ~ ~ ~~ x -~ ~~\ ~~ v ~ ~ __ ~ - ~ ~ -~ ~~: ', . - ~_ -,, ~ ~ ~_ v .. _ -.~ _ ,. .~ ~. ~ r- - ~- ..~„' ., 0 4 ~ r~ ~~ ~ i,, -- ` _ ,. ~• - - 9' .~ _ ~~ ,~ ~ ~- ~ ~ / ... / \ ~` /~ ~~ ~.~ a ~ ,_- __.:. BREITLING CONSULTING, LLC IN COOPERATION WITH PELOTON LAND SOLUTIONS, LLLP EMISSION REDUCTION / CONTROL PLAN TCC WELL PAD COLLEYVILLE, TARRANT COUNTY, TEXAS PREPARED FOR: TITAN OPERATING, LLC. 111 W. 4TH STREET, SLIITE 300 FORT WORTH, TEXAS 76102-3951 9/29/2010 P.O. BOX 969 BURLESON, TEXAS 76097 • 817-680-6956 • WWW.BREITLINGCONSULTING.COM Facili Trinity Christian Center (TCC) Well Pad Colleyville, Tarrant County, Texas 1.0 Well #1-H - 3H Latitude: 32.916991 Longitude: -97.160009 Operator Titan Operating, LLC. (Titan) 111 W. 4th Street, Suite 300 Fort Worth, Texas 76102-3951 Production Phase Equipment -assuming 3 wells 6 Produced Water Tanks-250 bbl capacity 1 Mobile Frac Tank-500 bbl capacity 3 Horizontal Separators Best Management Practices Emissions sources at the TCC Well Pad include the equipment listed in Section 1.0 as well as fugitive components. The following Best Management Practices (BMPs) will be implemented in order to minimize emissions to a level that is technically feasible and economically reasonable. Every practical effort will be made to monitor equipment for leaks, implement reliable pollution prevention work practices, and reduce emissions. Operations ^ Operate all equipment with the potential to emit air contaminants at least 50 feet from the nearest property line or the nearest receptor (whichever is closer), excluding any valve that is used for isolation and or safety purposes. ^ Each open-ended valve or line will be equipped with a cap, blind flange, plug, or a second valve to seal the line so that no leakage of emissions occurs unless otherwise required to maintain safe operations in a vessel or pipeline. ^ Tank hatches, not designed to be completely sealed, will remain closed (but not completely sealed in order to maintain safe design functionality) except for sampling or planned maintenance activities. ^ The site will be visited daily by operations personnel who will conduct visual equipment checks. ^ The site will be equipped with a remotely monitored alarm system that will automatically shutdown key equipment if significant leaks or operational problems occur. ^ All equipment with the potential to emit air contaminants will be maintained in good working order and operated properly. ^ All seals and gaskets will be installed, checked, and properly maintained to prevent leaking. Maintenance BREITLING CONSULTING, LLC TCC WELL PAD ^ A program to replace, repair, and/or maintain equipment to keep them in good working order will be established and maintained, including: (1) manufacturer's specifications and recommended programs applicable to equipment performance and effect on emissions; (2) cleaning and inspection of all equipment; and (3) replacement and repair of equipment on schedules which prevent equipment failures and maintain performance. ^ During planned downtime of any capture, recovery, or control device, gas streams will be redirected to another control or recovery device. ^ Every reasonable effort will be made to repair a leaking component. Initial action will be to isolate the leaking component and conduct the repair within 48 hours. If the leaking component cannot be isolated or the repair cannot be made within 48 hours, then the well will be shut in until repairs can be made. If the repair of a component would require a unit shutdown, which would create more emissions than the repair would eliminate, the repair will be delayed until the next planned shutdown. ^ To the extent that good engineering practices will permit, new and reworked valves and piping connections will be located in a place that is reasonably accessible for leak checking during well operations. Voluntary Leak Detection and Repair (LDAR) Program ^ All fugitive components will be inspected by audio, visual, and olfactory (AVO) observation, at intervals not exceeding 15 months, but at least once each calendar year. Such inspections will also include monitoring for leaking components using either (1) the EPA Test Method 21 using a portable analyzer set at 10,000 ppmv leak detection limit or (2) the Alternative Work Practice for monitoring equipment for leaks found in 40 CFR ~60.18(g)-(i) using an optical gas imaging instrument with a detection sensitivity level of no greater than 60 grams per hour. ^ Damaged or leaking valves, connectors, pumps, compressors, and agitator seals found to be emitting VOCs in excess of 10,000 ppmv as determined using a portable analyzer, found by AVO inspection to be leaking (e.g., dripping process fluids), or found leaking using the AWP will be tagged and replaced or repaired. BREITLING CONSULTING, LLC TCC WELL PAD Potential Pipeline Route i'RC?POSED COLLEW{LLE OPT1dld 1 PIPELINE Rt7U7E - _ ~l ~~t f.. S ~•~- ~ ~~ y j ~ ~ ~ 4 t... 1~ ~ ~• ~ ` ~ ^ 2 T}~ rt- ` ~ -r. ~. /L it~• i = y. - .a -~ F -~ ~~ - ! F 3 ! _,' ~ ~ = M s- '+ 1 - # ' y-si d 1-y-~• _ ~ ~r j i' ~ ~ f T -. ..'~ I I .. e~ F~ j y ~i r. ! ~ _ ` I-r_ . ~ § -~ -ti - w.-.. . ~L •'`"` ~_ ~~ r ` /- ~~-~.~ a~ ~ o- ~ ~ ~' t 7; ~ _ Z j s .. EI': . ,? ' :: i r _~.; F ~... ..-.s._ `/- ~ .^ law-~W~~.ay. ~~. ^l.l~ ...,..~tW ~ r x ~+ S N.I.S gran raaonacroaxi~rvaie OPf10N t •• " - ,•• •• g7VUW~S Grv WITB Additions are underlined, Deletions contain sifikethreugt~s Proposed Amendments to Chapter 3.1 ..~.~w._.~ ...............~....._.................__. Chapter 3.1 Oil and Gas Well Drilling and Production ~ee~e~hons2o~o~ The purpose of this Chapter is to establish regulations which describe the process for the review and approval of oil and gas well drilling and production, but more specifically to: 1. Establish reasonable and uniform limitations, safeguards, and regulations for present and future operations related to the exploring, drilling, developing, producing, transporting, and storing of oil and gas and other substances produced in association with oil and gas within the corporate City of Colleyville limits; 2. Provide for the safe, orderly, and healthful development of the area within the city and within the area surrounding the city and to promote the health, safety, and general welfare of the community; 3. Ensure appropriate protection to environmentally sensitive areas; 4. Establish procedures for the review and approval of gas well site plans. Section 3.1 -,1 fly Authorization for Adoption of This Chapte>1~~~~, ` ~~~~ The regulations contained in this Chapter have been adopted under the authority of the following: 1. Chapters 211, 212 and 401 -Texas Local Government Code, which authorizes a municipality to adopt rules governing zoning, site plans and subdivisions of land within the municipality's jurisdiction. 2. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. Section 3.1'_'!06 Variancesand'Appeais ~~;~ :- .` ~~,, Any person seeking approval of a development as required by this Land Development Code may request a variance from a requirement contained in this Chapter, or appeal a decision of an Administrative Official by submitting a request to the City Council. `.Section 3.1 -110 Definitions ~~ - ~ ~,. , ,,~,a All technical industry words or phrases related to the drilling and production of wells not specifically defined shall have the meanings customarily attributable thereto by prudent operators in the oil and pas industry For the purposes of this article the following definitions shall apply unless the context clearly indicates or requires a different meaning. Otherwise definitions not found below may be found in Chapter 2 Definitions of this Land Development Code. Administrative Officer.• The city manager or the city manager's designated representative assigned to administer this article. Abandonment: "Abandonment" as defined by the railroad commission and includes the plugging of the well and restoration of the drill site as reauired by this article hapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 1 Additions are underlined, Deletions contain striket#redghs Ambient noise level: The all encompassing noise level associated with a given environment being a composite of sounds from all sources at the location, constituting the normal or existing level of environmental noise at a given location. Applicant.' A person requesting a permit or certificate for the drilling operation and production of a well or the installation or operation of a pipeline, as the case may be is issued under this article including but not limited to the applicant's heirs, legal representatives successors or assigns Blowout preventer.~ A mechanical, hydraulic, pneumatic or other device or combination of such devices secured to the top of the well casing, including valves fittings and control mechanisms connected therewith which can be closed around the drill pipe or other tubular goods which completely close the top of the casing and are designed to prevent blow outs. Completion of drilling, re-drilling and re-working: The date the work is completed for drilling re-drilling or re- working and the crew is released by completing its work or contracted by its employer Compression facility: Those facilities that compress natural gas after production-related activities occur Closed-loop drilling fluid system: An enclosed suite of solids control equipment used for mud circulation and intended to minimize drilling fluid dilution to provide for handling of the drilling wastes so that reserve pits are not used. Daytime: The period from 7:00 a.m. to 7:00 p.m. Derrick: Anv portable framework, tower mast and/or structure that is required or used in connection with drilling or re-working a well for the production of oil and/or as. Drilling: Dipping or boring a new well for the purpose of exploring for developing or producing oil and/or gas or other hydrocarbons or for the purpose of iniectinq pas water or any other fluid or substance into the earth Drilling equipment.' The derrick draw works power plant rotary table pumps together with all parts of an apparatus to such structure every piece of apparatus machinery or equipment used in connection with drilling and operations. Drill site: Anv area used during the drilling re-drilling or re-working of a well or wells prior to the reduction and conversion of the area to an operation site. Exploration: Geologic or geophysical activities including but not limited to surveying and seismic exploration related to the search for oil and pas or other sub-surface hydrocarbons Excavation: Anv movement or alteration of the surface of the ground by machinery in conjunction with or antlclpatlon of drilllnp activities or construction of a pipeline including but not limited to scraping or grading a site Hydraulic Fracturing or Fracturing The process of fracture stimulation of a rock formation including but not limited to the process of pumping sand laden fluids down a well to stimulate a rock formation Franchised utility: An entity authorized to provide utility services to the city pursuant to a franchise agreement with the city; provided, however, that such definition shall not extend to any pipelines or other utility lines which collect or transport pas, hazardous liquids or chemicals from wells located within the city into a larger pipeline system regardless of whether such pipelines are owned by an entity which holds a franchise within the city for other purposes. Gas: Anv fluid, either combustible or noncombustible which is produced in a natural state from the earth and which maintains a gaseous or rarefied state at standard temperature and pressure conditions and/or the gaseous components or vapors occurring in or derived from petroleum or natural pas and/or any material defined or referred to as "pas" in the rules. regulations or forms of the railroad commission _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 . . . . . . . . . . . . . . . . _ . . . . . . . . . . . . Chapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 2 Additions are underlined, Deletions contain stf+ket#reughs Hazardous lipuid: Anv liquid identified as hazardous by anv federal or state law or regulation including but not limited to those liquids defined by the railroad commission at 16 Texas Administrative Code section 7 80 Definitions, as amended. specifically including but not limited to petroleum or any petroleum product and any substance or material which Is In a liquid state when transported by pipeline facilities and which has been determined by the U.S. Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities. The term shall be enlarged to include liquefied natural pas and anhydrous ammonia should such materials at anv time be introduced into any pipeline subject to this article It shall also Include carbon dioxide. defined at 49 CFR 192.2 as a fluid consisting of more than 90 percent carbon dioxide molecules compressed to a supercritical state. Hazardous materials management plan: The hazardous materials management plan and hazardous materials Inventory statements required by the fire code. Idled pipeline: A pipeline that has been inactive for at least two years regardless of whether there may be specific plans to reactivate the pipeline. Inactive pipeline: A pipeline that has temporarily been taken out of service for a period of at least six months for hazardous materials or hazardous liquids or for a period of at least one year for natural pas with the expectation that the pipeline may be reactivated within two rears even though there may be no specific plans to reactivate the pipeline. Inspector. The oil and pas inspector designated by the administrative officer Line marker.' A marker identifying the location of a buried pipeline as further defined in 49 CFR 192.707. New well: A new well bore or new hole established at the ground surface and shall not include the re-working of an existing well that has not been abandoned unless the re-working involves drilling to a deeper total depth Nighttime: The period commencing at 7:00 p.m. and ending at 7'00 a m Operation site: The area used for development and production of oil and pas and all related operational activities after drilling activities are complete. Operator.' The person listed on the railroad commission form W-1 or form P-4 for a well as the person that is has applied for, or will be, actually in charge and in control of drilling maintaining operating pumping or controlling anv well Including, without limitation a unit operator If the operator as defined herein for anv well is not the lessee of anv premises affected by the provisions of this article then such lessee shall also be deemed to be an operator. In the event there is no oil and pas lease relating to anv premises affected by this article the owner of the fee mineral estate in the premises shall also be deemed an operator Pad site: The area around a well that serves as a foundation for the drilling rip Permittee: Anv person authorized to act under a permit or a certificate issued by the city Pipeline: All parts of those physical facilities through which aas hazardous liquids or chemicals move in transportation, including but not limited to pipe valves and other appurtenance attached to pipe whether or not laid in public or private easement or public or private right-of-way within the city including but not limited to gathering lines, production lines and transmission lines Pipeline permit: A permit applied for and issued or denied pursuant to this article authorizing the movement of pas, oil, water or other products through a pipeline Pipeline operator. Anv person owning operating or responsible for operating a pipeline 9 _ . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 3 Additions are underlined, Deletions contain stfiket#Fedgk-s Producfion~ Activities leading to and supporting the production of oil gas and/or other hvdrocarbons Railroad commission: The Railroad Commission of Texas. Road repair apreement~ A written agreement obligating the operator to repair damage excluding ordinary wear and tear, if anv, to public streets, including but not limited to bridges caused by the operator or its employees agents, contractors, subcontractors or representatives in the performance of drilling or production of any wells authorized by the cit rL. Tank batferv: Point of collection (tanks) and disbursement (tank meter lease automated custody transfer unit) of oil or pas from producing well(s). Well: A hole or bore to anv horizon formation or strata for the purpose of producing pas oil or other hydrocarbons. Well permit: A permit applied for and issued or denied pursuant to this article authorizing the drilling production and operation of one or more wells. Section 3.1 _ 115 Special Use Permit {SUP) Required h~~'e '. ~~ ~~: `-~~ `' 1. General SUP Requirement - In all zoning districts, it shall be unlawful for a person, firm or corporation owning a tract of land located within the corporate limits of the City of Colleyville, Texas, or extraterritorial jurisdiction, to hereafter engage in the drilling or production of an oil or gas well without first obtaining a Special Use Permit in accordance with the requirements of this Chapter. No application for an oil or gas well development site plan or oil or gas well permit or any other application for drilling and production shall be approved until a SUP has been approved. Denial of a SUP for oil or gas well drilling and production shall be grounds for denial of any other permit applications pertaining to such use for the same land. 2. Review and Approval Procedures -Every application for a SUP for gas or oil well drilling shall be reviewed and considered using the same procedures for reviewing and considering a rezoning application as specified in Chapter 1 -General Provisions of this Land Development Code regarding legal advertisement, property owner notification and public hearings. `Section 31 -120 Addi#ional `Approvals Required ,, ~ ~~s ~ X ~~ ~~ ~~~ rf~~ k ~ ~;~` No drilling or production of an oil or gas well shall begin until the following have been approved: 1. An oil or gas well development site plan that has been approved by the Chairman of the Development Review Committee (DRC) is on file with the City that conforms to the requirements of the Land Development Code. 2. An oil or gas well permit has been issued by the ~#e-AAarshal administrative officer in accordance with the requirements of the Land Development Code. 3. An oil or gas well permit shall not constitute authority for the re-entering and drilling of an abandoned well. An operator shall obtain a new well permit in accordance with the provisions of this section if the operator is re-entering and drilling an abandoned well. 4. No oil or gas well permit shall be issued for any well to be drilled on City of Colleyville owned property without the prior consent of City Council. 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 4 Additions are underlined, Deletions contain stril~ethreughs 5. An application for a oil or pas well permit and if applicable a pipeline permit must be filed with the city concurrently with the application for a special use permit provided however that the city shall not be required to consider the application for the oil or gas well permit or the pipeline permit unless and until a special use permit is approved by the city council and all applicable regulations of this ordinance and all other applicable city, state or federal regulations are met 6. When a oil or pas well permit has been issued the permit shall constitute authority for the drilling and production of oil and aas in accordance with the limitations set forth in this article The laying of pipelines shall require separate permitting in accordance with Section 187 of this Chapter Section 3.1 -125`' General Site Plan and Permit Conditions ~_ ,~; The following shall be applicable to all gas well site plan and permit applications: A. It shall be the policy of the City of Colleyville to consider oil and gas well drilling and production as subject to the control of the City pursuant to the City of Colleyville Comprehensive Plan for the orderly, planned, efficient, and economical development of the City. B. The City has no obligation to extend water or sewer service to any lot, tract or parcel or land site planned for oil or gas well drilling and production in violation of this Chapter. C. All oil and gas well site plans shall conform to the rules and regulations set forth herein. D. This Chapter is not intended to repeal, abrogate, or impair any existing plans or ordinances. However, if the provisions of this Chapter and other ordinances or plans conflict or overlap, the most restrictive provisions thereof shall apply. E. The provisions contained in this Chapter, shall be considered as the minimum requirements for review and approval of an oil or gas well site plan. F. Section 3.1 -130 Approval.Process and Admnisfrative Procedures ~,~;~,~ The Community Development Department shall forward all applications for SUPs to the DRC for review. The DRC shall review each application and shall make recommendations regarding the applications to the Planning and Zoning Commission and City Council. The DRC may make recommendations regarding any aspect of the proposed oil or gas well development including, but not limited to, recommendations with respect to the standards set forth in Chapter 3.1. .`Section 3.1 -135 Required Site Plan Information ~; w«~; ,.. The applicant requesting gas well drilling and production approval shall submit the required number of copies of a site plan drawing as determined by the Administrative Official and which complies with this Section. A. Identify truck routes to the well site, including: 1. Tabularized summary of non-TXDOT roads that will be used, and; 2. Lengths of each road that will be used to access the site. B. Identify location and dimension of existing or proposed driveway(s) to be used. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 5 Additions are underlined, Deletions contain ~s C. Identify the 100-year flood plain. D. Identify the proposed source of water. E. Identify and show the proposed method of erosion control. F. Identify the location of proposed lease lines and property lines. 1. Label distance between wells and property lines; 2. Label distance between wellheads and structures within 1,000 feet of wellheads. 3. Label distance between temporary holding ponds and pits and floodplains. 4. Label distance between wellheads and roadways. G. Show location of all proposed underground pipelines. As built drawings shall be filed with the Engineering Department. All pipelines proposed in the public right-of-way shall require aRight-of-way Use Agreement. H. Identify if pipelines connect with a Gas Distribution System. I. General Requirements: Property Owner /Mineral Lessee /Mineral Owner /Gas Well Operator -The names and addresses of the current owner of record, mineral lessee, minerals owner and gas well operator. 2. Surveyor Name -The name, address and telephone number of the surveyor responsible for the site plan which shall contain the seal of a Texas Registered Professional Land Surveyor. Gas Well Name -Title block containing the proposed name of the gas well(s), acres in lease, survey, and jurisdiction. 4. Location Map - A location map showing the tract by reference to streets or highways. 5. Date -The date the site plan was prepared. 6. Scale & North Arrow -The site plan shall be prepared at a numerical scale no greater than one (1) inch equals one hundred (100) feet unless approved by the Administrative Official responsible for gas well site plan review. A graphic scale symbol shall be placed on the drawing with a north arrow indicating the approximate true north. 7. Boundary Lines -The property boundary lines shall be shown in heavy lines so as to provide a differentiation with the internal features of the area being proposed for site planting. The location and dimensions of all boundary lines of the property shall be expressed to the nearest hundredth foot. Metes and Bounds Description - A written metes and bounds description of the property containing the well site shall be shown on the site plan and be capable of reproducing such lines upon the ground with a closure error of less than 1:25,000. The legal description shall include reference to an original survey or subdivision corner, and the Texas NAD83 State Plane Coordinate System. The legal description shall include the acreage of the total area of the tract or property in which the lease area is located and shall contain information to show the last instrument conveying title to said parcel, giving grantor, grantee, date, and land records reference. 9. Adjacent Properties -All property lines, streets and easements on lands immediately adjacent to and contiguous with the perimeter of the proposed subdivision and extending one hundred (100) Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 6 Additions are underlined, Deletions contain str+ket#reugk-s feet shall be shown with the names of the owners as shown on the most current Tax Assessor's files. 10. Street Rights-of--Way -The width of all public street rights-of-way within the immediate vicinity of the proposed well site shall be shown on the site plan. The general location and width shall be consistent with the Master Thoroughfare Plan. 11. Permanent Structures -The location and general outline of any existing permanent structures, parking lots, driveways, and other significant structures. 12. City Limit Lines -The location of the city limit boundaries of the City of Colleyville and any adjacent city shall be shown on the site plan. 13. Easements -The location and dimension of all existing or proposed easements shall be shown on the site plan drawing indicating whether such easement is for any specific purpose. 14. Sheet Size -Map sheets shall be twenty-four by thirty-six (24"x 36") inches. Sheets shall be numbered in sequence if more than one (1) sheet is used and an index sheet provided with match lines. 15. Site plan Notes and Conditions -When appropriate, the site plan shall contain a listing of any site plan notes and site plan conditions in a readily identifiable location with each note numbered consecutively. 16. Street Names -All street names shall be shown on the site plan. 17. Lease Area -The lease area designated for drilling activities expressed in square feet shall be shown on the site plan. 18. Survey Notes -The Final Site plan shall be accompanied by one (1) set of surveyor's closure notes for the boundary of the subdivision. The notes shall be referenced in the same manner as the site plan. 19. Certification Blocks -All site plans shall contain the appropriate certification blocks which shall be similar to those shown. ~~ .. Any person violating or failing to comply with any provision or requirement of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall, without exception, be t#~is-sk~apter fined in an amount up to $2 000 A separate offense shall be deemed committed upon each day during or on which each separate violation or failure to comply occurs or continues to occur and shall be punishable as such. ~~~Seetion ~.~(~-145~~' Stanclardafor tail and ~as'U'~~t1 dr[1ir~g and ~raducfior~ ,~ A. On-site Requirements. 1. Entrance Gate: A secured entrance gate shall be required and signs identifying the entrance to the drill site or operations site shall be reflective. 2. Fencing: All drilling features including storage pits shall be fenced to prevent access. When not supervised, all fences shall remain locked. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 7 Additions are underlined, Deletions contain ~ghs 3. Illegal Dumping: No person shall place, deposit, or discharge any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine, from any oil or gas operation or the contents of any container used in connection with any oil or gas operation in, into, or upon any public right-of-way, storm drain, ditch or sewer, sanitary drain, any body of water, or any private property within the corporate limits or ETJ of the City of Colleyville. 4. Fire Suppression: All fire suppression and prevention equipment required by any applicable federal, state, or local law shall be provided by the operator, at the operator's cost, and maintenance and upkeep of such equipment shall be the responsibility of the operator. 5. Screening: All well heads, storage tanks, separation facilities or other mechanical equipment shall be screened with a minimum s+x eight-foot high solid screen fence, good side facing from the gas or oil well. Prior to the beainning of anv pas well production a permanent solid masonry screening wall built to a minimum height of eight feet shall be installed along the entire perimeter of the pad site so as to obscure the entire view of anv production equipment including storage tanks from surrounding habitable buildings and public roadways. Such wall must be completed within 60 days of completion of drilling of the first well on the site. The masonry perimeter wall shall have an architectural metal pate meeting the requirements for sates found in Chapter 14 of the Land Development Code that shall remain locked when the operator or operator's employees are not within the enclosure 6. Closed-loop drilling fluid systems: Closed-loop drilling fluid systems shall be used instead of reserve pits, except in the case of temporary fresh water pits. All other fluids shall be accumulated in storage tanks and peraedieatl~ transported out of the city limits as reauired by state law or as required by the administrative officer. Used drilling fluids may not be injected into the ground at any time Wells drilled for the sole purpose of inlectinq anv fluids for underground disposal are hereby prohibited 7. Discharge: No person shall place, deposit, discharge, or cause or permit to be placed, deposited or discharged, any oil, naphtha, petroleum, asphalt, tar, hydrocarbon substance, or any refuse including wastewater or brine from any oil and/or gas operation, or the contents of any container used in connection with any oil and/or gas operation in, into, or upon any public right-of-way, alleys, streets, lots, storm drain, ditch or sewer, sanitary drain or any body of water or any private property in the City of Colleyville. 8. Drilling fluids: Low toxicity glycols, synthetic hydrocarbons, polymers, and esters shall be substituted for conventional oil-based drilling fluids. 9. Drilling fluid storage pits: No drilling fluid storage pits, other than open pits used to store fresh water, shall be located within the City of Colleyville. Fresh water pits shall contain measures designed to mitigate proliferation of mosquitos. 10. Drill stem testing: All open hole formation or drill stem testing shall be done during daylight hours. Drill stem tests may be conducted only if the well effluent during the test is produced through an adequate oil and/or gas separator to storage tanks and the effluent remaining in the drill pipe at the time the tool is closed is flushed to the surface by circulating drilling fluid down the annulus and up the drill pipe. 11. Signs: a. A sign shall be immediately and prominently displayed at the gate on the temporary and permanent site fencing. Such sign shall be durable material, maintained in good condition and, unless otherwise required by the City Council, shall have a surface area of not less than two square feet nor more than four square feet and shall be lettered with the following: i. Well name and number; ii. Name of operator; iii. The emergency 911 number; and iv. Telephone numbers of two persons responsible for the well who may be contacted 24 hours a day incase of an emergency. 9 _ . . . . . . . . . . . . . . . . . _ . . . . . . . . . . hapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 8 Additions are underlined, Deletions contain str+ketts b. Permanent weatherproof signs reading "DANGER NO SMOKING ALLOWED" shall be posted immediately upon completion of the well site fencing at the entrance of each well site and tank battery or in any other location approved or designated by the fire s#+e# marshal of the City of Colleyville. Sign lettering shall be four inches in height and shall be red on white background or white on a red background. Each sign shall include the emergency notification numbers of the fire services department and the operator, well and lease designations required by the Commission. 12. Security camera(s). The operator shall at all times after the permanent masonry perimeter fence is in place, have installed a minimum of one operating security camera inside the perimeter fence and post on the fencing of the site signs indicating that any activity on the site may be recorded by video surveillance. Such sign shall conform to the approved sign plan The location of the security camera and picture resolution of the recordings shall be subject to the approval of the police chief Camera systems shall be maintained in proper operating condition and do all of the following• a. Capture clear video images of all traffic entering and exiting the gate(s)• and b. Capture clear video images of all production equipment located on the site' and c. Be eauipped with motion detection technology~ and d. Be equipped with panning technology to pan immediately to any motion detected on the site' and e. Show the date and time of all activity on the footage• and f. Be capable of being viewed at the monitoring facility. The operator shall maintain video data for a period of at least 400 hours At the request of the city, the operator shall produce to the city any recorded views of the fenced area Data from videos may only be requested by the administrator or law enforcement officials B. Operations and Equipment Standards. 1. During #Fasieg the hydraulic fracturing process: a. "flowback" operations to recover fluids used during fracture stimulation shall be performed during daylight hours; b. a watchperson shall be required at all times during such operations; and c. at no time shall the well be allowed to flow or vent directly to the atmosphere. v~~e~-fifst 2. Nuisance prevention measures shall be implemented to prevent or control offensive odor, fumes, dust, noise, and vibration in accordance with the conditions set forth by the approved ordinance. 3. Directional lighting shall be provided for the safety of oil or gas well drilling and production operations and shall be provided so as to not disturb or adversely affect adjacent developments. 4. The operator shall, at all times, comply with the rules and regulations of the Texas Railroad Commission including but not limited to all applicable Field Rules. 5. Only electric motors will be used for the purpose of drilling and pumping oil or gas during production. Internal combustion engines may be used for the purpose of electric generation and +t~ only during drilling operations if they have mufflers that will reduce noise levels to the standards described in Section 15 below. dritl~ite er eperatier~ site, w;;s"ever-.o-s;=eater. 6. Ne Venting of ~ gas into the open air shall be prohibited, in re`!~~^±?~! ~~~~~ o~~e^+ ~~ ~~~^ ~~+ ~~~ ... r,. ..............~.. „~ 7. Only Light Sand Fracture Technology or technologies approved by the €~e-AAarshal administrative officer in accordance with }"~., ~~ode applicable codes shall be used to fracture stimulate a well. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 9 Additions are underlined, Deletions contain str+ket#redghs 8. Air, gas, and pneumatic drilling shall not be permitted. 9. Written notices must be provided, by the operator, to all property owners within ~A88 1,500 feet of a well 72 hours prior to the commencement of fracture activities. 10. The operator shall place an identifying sign at each point where the flow line or gathering line crosses a public street or road. 11. Structures shall not be built or placed over pipelines, flow lines or gathering lines. 12. Landscaping: The following standards shall be considered as minimum standards: Screening shrubs shall be installed completely around the well mad site ar~d-all outside of required screening fences and be sufficient to screen from view the structures sought to be screened. Screening shrubs shall be planted once all equipment has been set in place and the first well has been drilled and completed. The required screening shrubs shall be planted within a minimum twenty (20) foot wide green belt The screening shrubs shall be "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers. In addition to screening shrubs, one tree measuring a minimum of three (3) inches in caliper shall be planted on 20 foot centers around the entire pad site within the greenbelt noted above. All landscaping shall meet the reauirements of Chapter 4-Landscaping and Buffering in the Land Development Code and must have an installed irrigation system that provides total water coverage to all plant materials. The vegetation or berms shall be kept in an attractive state and in good condition at all times by the applicant or operator. All landscape and irrigation plans shall be submitted to the DRC for approval. 13. Vehicle routes for oil and gas well permits. Vehicles associated with drilling and/or production in excess of three tons shall be restricted to such streets designated as arterials, collectors or local commercial as delineated in the City of Colleyville's thoroughfare plan. The vehicles shall be operated on state arterials whenever capable of being used. Such vehicles shall be operated only on City of Colleyville arterials, collectors and local commercial only when it is not possible to use a state arterial to fulfill the purpose for which such vehicle is then being operated. All property owners along the proposed vehicle route shall be sent a public notice of the proposed SUP per the requirements of Chapter 1. 14. Work hours for oil and gas well permits: Site development, other than drilling, shall be conducted only during daylight hours. . .Truck deliveries of equipment and materials associated with drilling and/or production, well servicing, site preparation and other related work conducted on the well site shall be limited to between the above same work hour restrictions except in cases of fires, blowouts, explosions, and any other emergencies or where the delivery of equipment is necessary to prevent the cessation of drilling or production. The operator may request a variance from the City Council, pursuant to section 3.1-106 of this article. 15. Noise restrictions for oi! and gas well permits: ....... .......... Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 10 Additions are underlined, Deletions contain stfilFethreaghs a. No well shall be drilled re-drilled or any eauipment operated at anv location within the city in such a manner so as to create any noise which causes the exterior noise level when measured at either the property line of the tract upon which the nearest habitable structure is located or 100 feet from the nearest habitable structure (as measured to the closest exterior point of the habitable structure), whichever is closer to the well to exceed the ambient noise level i. By more than ten decibels during fracturing operations and ii. By more than five decibels during nighttime hours during backflow operations and iii. By more than five decibels during daytime hours or more than three decibels during nighttime hours for all activities not addressed in paragraphs a and b above. b. The operator shall be responsible for establishing and reporting to the city the pre-drilling ambient noise level prior to the issuance of a well permit Once the drilling is complete the operator shall be reauired to establish a new ambient noise level prior to the installation of any new noise generating equipment. In lieu of the foregoing the city may elect to perform the required noise testing and establish the ambient noise level. c. Adjustments to the noise standards as set forth above in subsection (a)(1) of this section may be permitted in accordance with the following_ Pel'1fllttB[>7 IllCre9SP_ Duration of Incrpaca dBA Minutes* 5 15 10 5 15 1 20 less than 1 * Cumulative minutes during anv one hour period d. No workover or re-working operations shall be permitted during nighttime hours e. The operator shall monitor exterior noise level generated by the drilling re-drilling or other operations of all wells located within 1 000 feet of a protected use when reauested by the city to ensure compliance. The cost of such monitoring shall be borne by the operator f. Acoustical blankets, sound walls mufflers or other alternative methods as approved by the inspector may be used to ensure compliance with this article All soundproofing shall comply with accepted Industry standards and subject to approval by the administrative officer g. The sound level meter used in conducting noise evaluations shall meet the American National Standard Institute's standard for sound meters or an instrument and the associated recording and analyzing equipment which will provide equivalent data Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 11 Additions are underlined, Deletions contain ~g#s h. A citation may be issued for the failure to immediately correct the violation upon notice of violation by the city or the inspector. During nighttime operations the operation of vehicle audible back-up alarms are prohibited If the operator uses any equipment during nighttime operations which are required to have back-up alarms, the operator shall provide and use only approved non-auditory signaling systems such as spotters or flagmen. Deliveries of pipe, casing and heavy loads shall be limited to daytime hours, except for emergencv situations. The derrick man and driller shall communicate only by walkie-talkie or other non disruptive means when the derrick man is in the derrick Horns may not be used to signal for connection or to summon crew (except that a horn may be used for emergencv purposes only). The operator shall conduct on-site meetings to inform all personnel of nighttime operations noise control requirements. j. The operator shall file a noise management plan which shall detail how the equipment used in the drilling, completion, transportation, or production of a well complies with the maximum permissible ambient noise levels of this article. Violation of the noise management plan shall be a violation of this article. The noise management plan must be approved by the administrative officer and must comply with the following requirements: i. Identify operation noise impacts; and ii. Provide documentation, if applicable, establishing the ambient noise level prior to and after the installation of the noise-generation equipment verifying compliance with this section; and iii. Detail how the impacts will be mitigated. In determining noise mitigation specific site characteristics shall be considered including but not limited to the following~ (1) The location, type. nature and proximity of adjacent developmenfi and (2) Seasonal and prevailing weather patterns. including wind directions and (3) Vegetative cover on or adjacent to the site: and (4) Topography; and (5) Operation and site noise management measures which may include but not be limited to use of critical grade mufflers on generators and motors use of structural noise curtains, walls or enclosures and best management practices by limiting or eliminating noisier operations such as tripping deliveries of pipe casing and heavy loads, use of horns for communication and operation of vehicle audible back-up alarms during nighttime hours. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 12 Additions are underlined, Deletions contain stril~et#~reaghs x-16. No oil, gas, or combined well permit shall be issued for any well to be drilled within any of the streets or alleys of the City of Colleyville, and no street or alley shall be blocked or encumbered or closed due to any exploration, drilling or production operations unless prior consent is obtained from the City of Colleyville engineer. Any consent from the oil and gas inspector shall be temporary in nature and state the number of hours and/or days that any street or alley may be blocked, encumbered or closed. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 13 Additions are underlined, Deletions contain st~iket#reugk-s C. Environmental Safetv and Protection Standards. 1. Site Erosion Control. Run-Off and Groundwater Protection Standards. a. Erosion and stormwater control practices approved by the City Engineer shall be conducted for all oil or pas wells. Compost berms that are at least 3-feet-high and 4-feet wide or equivalent erosion devices, shall be installed so that all portions of the well pad that may drain off-site are contained. b. Damage resulting from sedimentation and / or erosion shall be repaired immediately c. Gas or oil wells may have a target location or bottom-well hole location that is under the floodwav when the pas or oil well is drilled directionally from a location outside such areas. d. Outdoor storage areas shall be equipped with a secondary containment system designed to contain a spill from the largest individual vessel. If the area is open to rainfall secondary Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 14 Additions are underlined, Deletions contain sttikethreaghs containment shall be designed to include the volume of a 24-hour rainfall as determined by a 25- year storm and provisions shall be made to drain accumulations of ground water and rainfall For all areas within the City of Colleyville's corporate limits in which the proposed well bore is within 775 feet of anv type of surface water conveyance including but not limited to creeks streams, drainage ditches, or other constructed storm water convevance systems calculating distance in a straight line from the conveyance centerline a preliminary flood study shall be prepared by the applicant and approved by the City Engineer Upon completion of the preliminary flood study, if the City Engineer determines that the proposed well bore is within 100 feet of any type of surface water convevance, or other flood hazard area then a detailed flood study shall be prepared by the applicant and approved by the Citv Engineer prior to Citv Council consideration of anv Special Use Permit for a well. f. No oil or pas well drill sites shall be allowed on slopes greater than ten (10) percent g. No salt-water disposal wells shall be located within the City of Colleyville. h. Any wells drilled as part of a pas well and testing of adjacent wells shall meet the following requirements: No oil or pas well permit will be issued for any well where the center of the well at the surface of the ground is located within 1,000 feet of an existing fresh water well intended for domestic use. The operator shall, within 120 days of its completion date equip each well with a cathodic protection system to protect the production casing from external corrosion unless the inspector approves an alternative method of protecting the production casing from external corrosion. The operator of a well shall provide the inspector with a "pre-drilling" and "post- drilling" water analysis and flow rate from any existing fresh water well within 2 000 feet of the well. Such water tests shall conform to the following testing requirements: (1) Water samples must be collected and analyzed utilizing proper sampling and laboratory protocol from a U.S. Environmental Protection Agency or Texas Commission on Environmental Quality approved laboratory (2) Well samples shall be analyzed prior to any drilling activity to document baseline water auality data of the well. Apost-drilling sample shall be analyzed within three months after the drilling begins; and (3) Parameters to be tested for, including but not limited to methane chloride sodium. barium and strontium. If it is found that the fresh water well is no longer in use and without possibility of future use or if the fresh water well owner objects to having the water well tested the owner of the fresh water well may waive the right to have the operator test the water. A copy of the determination by the Texas Commission on Environmental Quality of the depth of useable auality ground water shall be provided to the administrative officer prior to the drilling of any water well. i. After any spill, leak or malfunction, the operator shall remove or cause to be removed all waste materials from any public or private property affected by such spill leak or malfunction Cleanup operations shall begin immediately,, __ Chapter 3.1 -Oil and Gas Well Grilling Page 3.1 - 15 Additions are underlined, Deletions contain sttikethrsugl~s The drill site shall at all times be kept free of debris pools of water or other liquids contaminated soil weeds. brush, trash or other waste material outside the drill site k. The operator shall install drip pans and other containment devices underneath all tanks containers pumps, lubricating oil svstems, engines fuel and chemical storage tanks system valves connections and anv other areas or structures that could potentially leak discharge or spill hazardous liquids semi-liquids or soled waste materials including hazardous waste The operator shall store all chemicals and/or hazardous materials in such a manner as to prevent contain and facilitate rapid remediation and clean-ug of anv accidental spill leak or discharge of a hazardous material. The operator shall maintain all material safety data sheets (MSDSs) for all hazardous materials on site. The operator shall comply with all applicable federal and state regulatory requirements for the proper labeling of containers The operator shall take all appropriate pollution prevention actions including but not limited to raising chemical and materials and bulk storage (e q_, placlnq such materlals on wooden pallets) installing and maintaining secondary containment svstems, and providing adequate protection from stormwater and weather elements m. An operator must set and cement sufficient surface casing to protect all usable quality water strata as defined by state law. The operator shall notify the inspector in writing at least 72 hours prior to the scheduled time for setting and cementing surface casing and such work shall not commence until the inspector has approved the proposed work in writing In addition the following requirements shall apply: Centralizers must be used at an interval of one centralizer per 100 feet. or ten centralizers per 1,000 feet: and ii. New surface casing is required and iii. Proper floating equipment shall be used and iv. Class "H" or class "C" cement with accelerators shall be used and v. The operator shall circulate cement to surface if not the operator shall cement with one- inch tubing and top off; and vi. The operator shall wait on cement a minimum of 12 hours prior to commencing further drilling operations: and vii. The operator shall test the blowout preventer before drilling out of surface casing to 1 000 t's'• n. The operator shall construct all facilities used for parking loading unloading driveways and other vehicular access areas of concrete unless an alternative material is approved by the city council as a condition of a specific use permit or an approved variance The operator shall maintain the surface for such facilities and drive approach in good condition and repair and meet the minimum requirements set forth in the fire code approved by the city council as amended The pad site is not required to be constructed of concrete or asphalt. 2. Air Quality Standards a. The operator shall conduct all drilling and production operations in such a manner as to minimize so far as practicable, dust, vibration or noxious odors and in accordance with the best accepted practices incident to drilling for the production of oil pas and other hydrocarbon substances The operator shall construct and operate all equipment so that vibrations dust odor or other harmful or annoying substances or effect created by the operations carried on at any drill site or from anything apter 3.1 -Oil and Gas Well Drilling Page 3.1 - 16 Additions are underlined, Deletions contain str+ket#feughs incident thereto will be minimized, to minimize the possibility of iniury or annoyance of persons living in the vicinity. The operator shall maintain all aspects of the site and structures thereon in good operating condition and good appearance. Proven technological improvements in industry standards of drilling and production in this area shall be adopted as they become available if capable of reducing factors of dust, vibration and odor. Brine water sulphur water or water in mixture with any type of hydrocarbon may not be used for dust suppression. As a condition of approval of a Special Use Permit the City Council may reauire the utilization of an independent, third-party expert, as chosen by the city to conduct testing of airborne emissions resulting from anv pas well drilling and production in order to ensure compliance with state and federal regulations relating to air quality standards The frequency methods locations reporting and specifications of said testing shall be determined prior to the issuance of anv pas well permit and may be adopted as part of the approving Special Use Permit ordinance if required by the City Council All costs associated with the utilization of said expert shall be reimbursed by the pas well operator to the cif c. No person shall allow, cause or permit gases to be vented into the atmosphere or to be burned by open flame. No open flaring is permitted. d. In order to minimize airborne emissions of volatile organic compounds (VOC) pending the recommendations of the expert referenced in subsection "b" above and/or the Citv Council all storage tanks utilized for production may be required to be eauipped with an approved vapor recovery unit (VRU). As determined by the air testing recommendations by the expert referenced in subsection "b" above each approved VRU may require an air quality monitoring device in order to accurately report VOC emissions emanating from anv tanks e. Unless explicitly approved by the City Council compression facilities as defined in this Chapter are prohibited. 3. General Safety and Environmental Standards a. In all cases, the operator shall install and utilize blowout prevention equipment on all wells being drilled. worked-over or in which tubing is being changed Protection shall be provided to prevent blowout during oil and/or gas operations as required by and in conformance with the reauirements of the railroad commission and the recommendations of the American Petroleum Institute The operator must equip all drilling wells with adequate blowout preventers flow lines and valves commensurate with the working pressures involved as required by the railroad commission b. Organic solvents, such as trichloroethvlene and carbon tetrachloride shall not be used for cleaning anv element, structure or component of the drilling rip platform and/or associated equipment tools or pipes. Lead-free, biodegradable pipe dope shall be substituted for American Petroleum Institute (API) specified pipe dope. Sealant shall be used around pipe threads to ensure and maintain the integrity of the seal. c. Each well shall be equipped with an automated valve that closes the well in the event of an abnormal change in operating pressure. All wellheads shall contain an emergency shut off valve to the well distribution line. d. Each storage tank shall be equipped with a level control device that will automatically activate a valve to close the well in the event of excess liquid accumulation in the tank e. All storage tanks shall be anchored for stability. f. All storage tanks containing Class I or Class II flammable or combustible liquids shall meet the requirements of Chapter 34 of the International Fire Code. Secondary containment systems shall be approved by the Fire Marshal and be of a sufficient height to contain one and one-half (1 '/z) times the _ ................... ..............................g_......._._...................... Chapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 17 Additions are underlined, Deletions contain str+kethreug#s contents of the largest tank in accordance with the Fire Code. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. g. Tank battery facilities shall be equipped with a lightning arrestor system. h. The contents of any pit shall always be maintained at least 2 feet below the top of the pit. i. Fencing, a minimum of six-feet in height, shall be installed to restrict access to open water reservoirs utilized in oil or pas well drilling operation at a drill site within the corporate limits of the City. Upon completion of drilling activities, said fencing shall be removed. j. After the well has been completed, or plugged and abandoned, the operator shall clean and repair all damage to public property caused by such operations within thirty (30) days. k. A copy of a hazardous materials management plan as required by the City of Colleyville's Fire Marshal's office shall be provided. In addition to the hazardous materials management plan, all material safety data sheets (MSDSs) for all hazardous materials that will be located, stored, transported, and/or temporarily used on the drilling site shall be provided to the oil and pas inspector and Fire Marshal. I. A copy of the emergency response plan as required by the City of Colleyville's Fire Marshal's office shall be provided. D. Setback Distances. 1. Wells setbacks for gas or oil well permits: a. It shall be unlawful to drill, redrill, deepen, re-enter, activate or convert any well, the center of which, at the surface of the ground, is located; or b. Within 1,000 feet from any public park; or c. Within 1,000 feet from any residence, religious institution, public building, hospital building or school for which a building permit has been issued on the date of the application for a drilling permit is filed with the €~e-AAa~sk~a1 administrative officer or d. Within 1,000 feet from any building used, or designed and intended to be used, for human occupancy; or e. Within 500 feet from any existing storage tank, or source of potential ignition; or f Within 500 feet of any public street, road, highway, or right-of-way line, except in the case of railroad right-of-way; or g. Within 100 feet of any building accessory to, but not necessary to the operation of the well; or h. Within 300 feet to any fresh water well; or i. The measurement of all distances shall be calculated from the proposed well bore, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the any object listed in a. through h. above. j. For purposes of this section, a "building used, or designed and intended to be used, for human occupancy" means an enclosed space, other than a residence, in which individuals congregate for amusement or similar purposes or in which occupants are engaged at labor, and which is equipped with means of egress, light, and ventilation facilities." 2. The distances set out in this may be reduced at the discretion of the City Council. 3. Tank batteries, well facilities and equipment shall be located at least 1,000 feet from any public park, or from any residence, religious institution, public building, hospital building or school, or any other building used, or designed and intended to be used, for human occupancy, for which a building permit has been issued on the date of the application for a drilling permit is filed. The distance shall be calculated from the Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 18 Additions are underlined, Deletions contain striket#reuggs closest tank batteries, well facilities and/or equipment, in a straight line, without regard to intervening structures or objects, to the closest exterior point of the building. 4. At a minimum, no structure intended for human occuoancy shall be constructed within 300 feet of an existing pas well head tank battery or other gas well equipment unless approved by the Citv Council E. Phasing of Drilling and Production and General Special Use Permit Provisions 1. Unless specified differently in the ordinance approving the Special Use Permit (SUP) for a gas well all drilling, and production activities shall conform to the following schedule a. Drilling: i. Drilling shall commence no later than one year after the approval date of the SUP allowing the gas well. If no drilling has occurred within one year the SUP shall automatically expire ii. Once drilling has begun, the pas well operator shall have three years from the approval date of the SUP allowing the pas well to drill all wells. No additional drilling may occur after this point without the approval of the Citv Council. b. Hydraulic Fracturing: All hydraulic fracturing shall be completed within three vears from the approval date of the SUP allowing the pas well. No additional hydraulic fracturing may occur after this point without the approval of the Citv Council. c. Production: If the provisions of section a(i) above are met the pas well operator shall have three Years from the approval date of the SUP allowing the pas well to begin well production If no well production has begun within three vears, the SUP shall automatically expire and the operator shall be subject to abandonment provisions of this ordinance. 2. AnY SUP authorized under this ordinance shall only be granted to the entity named on the original _application and may not be transferred to any other entity without the approval of the City Council City Council approval shall be required for any change in ownership of the enti~r named on the SUP application for any SUP granted under this chapter. Section 3.1 -150 Ensurance and Irfdemnification _ . ~ : ~ ~~ :: The operator shall provide or cause to be provided the insurance described below for each well for which a Gas or Oil Well Permit is issued, such insurance to continue until the well is abandoned and the site restored. The operator may provide the required coverage on a "blanket basis for multiple wells". Such coverage shall be approved by the City Attorney for the City of Colleyville. A. General Requirements. Indemnification and Express Negligence Provisions Each Gas Well Permit issued by the City shall include the following language: Operator does hereby expressly release and discharge, all claims, demands, actions, judgments, and executions which it ever had, or now have or may have, or assigns may have, or claim to have, against the City of Colleyville, and/or its departments, it agents, officers, servants, successors, assigns, sponsors, volunteers, or employees, created by, or arising out of personal injuries, known or unknown, and injuries to property, real or personal, or in any way incidental to or in connection with the performance of the work performed by the operator under a gas or oil well permit and the operator caused by or arising out of, that sequence of events which occur from the operator under the Oil or Gas Well Permit and work performed by the operator shall fully defend, protect, indemnify, and hold harmless the City of Colleyville, Texas, and/or its departments, agents, officers, servants, employees, successors, assigns, sponsors, or volunteers from and against each and every claim, demand, or cause of action and any and all liability, __.. apter 3.1 -Oil and Gas Well Drilling Page 3.1 - 19 Additions are underlined, Deletions contain stfiketk~eag#s damages, obligations, judgments, losses, fines, penalties, costs, fees, and expenses incurred in defense of the City of Colleyville, Texas, and/or its departments, agents, officers, servants, or employees, including, without limitation, personal injuries and death in connection therewith which may be made or asserted by Operator, its agents, assigns, or any third parties on account of, arising out of, or in any way incidental to or in connection with the performance of the work performed by the Operator under a Gas or Oil Well Permit and, the Operator agrees to indemnify and hold harmless the City of Colleyville, Texas, and/or its departments, and/or its officers, agents, servants, employees, successors, assigns, sponsors, or volunteers from any liabilities or damages suffered as a result of claims, demands, costs, or judgments against the City and/or, its departments, it's officers, agents, servants, or employees, created by, or arising out of the acts or omissions of the City of Colleyville occurring on the drill site or operation site in the course and scope of inspecting and permitting the gas or oil wells INCLUDING, BUT NOT LIMITED TO, CLAIMS AND DAMAGES ARISING IN WHOLE OR IN PART FROM THE SOLE NEGLIGENCE OF THE CITY OF COLLEYVILLE OCCURRNG ON THE DRILL SITE OR OPERATION SITE IN THE COURSE AND SCOPE OF INSPECTING AND PERMITTING THE GAS OR OIL WELLS. IT IS UNDERSTOOD AND AGREED THAT THE INDEMINITY PROVIDED FOR IN THIS SECTION IS AN INDEMNITY EXTENDED BY THE OPERATOR TO INDEMNIFY AND PROTECT THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYES FROM THE CONSEQUENCES OF THENEGLIGENCE OF THE CITY OF COLLEYVILLE, TEXAS AND/OR ITS DEPARTMENTS, AGENTS, OFFICERS, SERVANTS, OR EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY, DEATH, AND/OR DAMAGE. LIABILITY FOR THE SOLE NEGLIGENCE OF THE CITY IN THE COURSE AND SCOPE OF ITS DUTY TO INSPECT AND PERMIT THE GAS OR OIL WELL IS LIMITED TO THE MAXIMUM AMOUNT OF RECOVERY UNDER THE TORT CLAIMS ACT. 2. All policies shall be endorsed to read "this policy will not be cancelled or non-renewed without 30 days advanced written notice to the owner and the City except when this policy is being cancelled for nonpayment of premium, in which case 10 days advance written notice is required". 3. Liability policies shall be written by carriers licensed to do business in Texas and with companies with A: VIII or better rating in accordance with the current Best Key Rating Guide, or with non-admitted carriers that have a financial rating comparable to carriers licensed to do business in Texas approved by the City. 4. Liability policies shall name as "Additional Insured" the City and its officials, agents, employees, and volunteers. 5. Certificates of insurance shall be presented to the City evidencing all coverage's and endorsements required by this Section, and the acceptance of a certificate without the required limits and/or coverage's shall not be deemed a waiver of these requirements. 6. Claims made policies will not be accepted except for excess policies or unless otherwise provided by this Chapter. B. Required Insurance Coverage's. 1. Commercial General Liability Insurance. a. Coverage should be a minimum Combined Single Limit of $~ABA;AA9 $10,000,000 per occurrence for Bodily Injury and Property Damage with an annual general aggregate coverage of $20,000,000.00. This coverage shall include premises, operations, blowout or explosion, products, completed operations, blanket contractual liability, underground property damage, broad form property damage, independent contractor's protective liability and personal injury. b. Underground reservoir (or resources) damage coverage shall be on an occurrence basis shall not be limited to sudden and accidental occurrences, shall not have a discoverv or reporting limitation and shall not exclude damage to water tables, formation or strata. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 20 Additions are underlined, Deletions contain stfilcetMreugk~s c. Environmental Impairment (or Seepage and Pollution) shall be either included in the coverage or written as separate coverage. Such coverage shall not exclude damage to the lease site. If Environmental Impairment (or Seepage and Pollution) Coverage is written on a "claims made" basis, the policy shall provide that any retroactive date applicable precedes the effective date of the issuance of the permit. Coverage shall apply to sudden and non-sudden pollution conditions resulting from the escape or release of smoke, vapors, fumes, acids, alkalis, toxic chemicals, liquids or gases, waste material or other irritants, contaminants or pollutants. Such policv shall provide for a minimum combined single limit coverage of $10,000,000.00 per occurrence. A discovery period for such peril shall not be less than ten years after the occurrence. 2. Automobile Liability Insurance. Minimum Combined Single Limit of $~AA;8A8 $10,000,000 per occurrence for Bodily Injury and Property Damage. Such coverage shall include owned, non-owned, and hired vehicles. 3. Worker's Compensation Insurance. In addition to the minimum statutory requirements, coverage shall include Employer's Liability limits of at least $a-A8;89A $1,000,000 for each accident, $'18A;998 $1,000,000 for each employee, and a $~99~89 $1,000,000 policy limit for occupational disease, and the insurer agrees to waive rights of subrogation against the City, its officials, agents, employees, and volunteers for any work performed for the City by the operator. 4. Excess (or Umbrella) Liability Insurance. A minimum limit of $10,000,000, covering in excess of the preceding insurance policies. 5. Control of Well Insurance: a. Minimum limit of ~AAA;99A $10,000.000 per occurrence. b. Policy shall cover the Cost of controlling a well that is out of control, Re-drilling or Restoration expenses, Seepage and Pollution Damage. Damage to Property in the Operator's Care, Custody, and Control with asub-limit of $500,000 may be added. 6. Security: a. A security instrument that covers each well shall be delivered to the t=ire-Ma~sbal administrative officer before the issuance of the Gas or Oil Well Permit for the well. The instrument shall provide that it cannot be cancelled without at least thirty 30 days' prior written notice to the City and, if the instrument is a performance bond, that the bond cannot be cancelled without at least ten 10 days' prior written notice for non-payment of premium. The instrument shall secure the obligations of the operator related to the well to: i. Repair damage, excluding ordinary wear and tear, if any, to public streets, including but not limited to bridges, caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the Gas or Oil Well Permit; ii. Comply with the insurance and security provisions set forth in this Section; and iii. Pay fines and penalties imposed upon the operator by the City for any breach of the Gas or Oil Well Permit. b. The security instrument may be in the form of an irrevocable letter of credit or payment bond issued by a bank or surety approved by the City. The instrument shall run to the City for the benefit of the City, shall become effective on or before the date the Gas or Oil Well Permit is issued, and shall remain in effect until the well is abandoned and the site restored. c. A certificate of deposit may be substituted for the letter of credit or payment bond. The certificate shall be issued by a bank in the City of Colleyville County, Texas, shall be approved by the City, shall be payable to the order of the City to secure the obligations of the operator described above, and shall be pledged to the bank with evidence of delivery provided to the dire-Marshal administrative officer. Interest on the certificate shall be payable to the operator. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 21 Additions are underlined, Deletions contain stfilFet#reE-gMs d. The security instrument may be provided for individual wells or on a "blanket" basis for multiple wells. The amount of the security shall be a minimum of $50,000 for any single well and a minimum of $a-99;888 200 000 for multiple wells on a "blanket" basis. e. The security will terminate when the Gas or Oil Well Permit is transferred, with respect to the operator-transfer or and if the operator-transferee provides replacement security that complies with this section, when the well is abandoned and the site restored, and when the €ire--AAa~s#al administrative officer consents in writing to such termination. f. An appeal of the determination of the amount of security required under this Chapter may be made to the Planning and Zoning Commission for recommendation to the City Council for final determination of the amount of security. Section 3.1 _ 155 Gas or C11 Welt Permi~proval x-~ The Director of Public Works may condition the release of the Gas or Oil Well Permit upon the operator providing the security required by Chapter 3.1 and upon operator entering into a Road Repair Agreement that will obligate the operator to repair damage excluding ordinary wear and tear, if any, to public streets, including but not limited to, bridges caused by the operator or by the operator's employees, agents, contractors, subcontractors or representatives in the performance of any activity authorized by the approved Gas or Oil Well Permit. In lieu of a Road Repair Agreement, the Director of Public Works may require the gas well operator to pay a road remediation fee to be calculated by the Director of Public Works. A. The failure of the DRC or the €~e-Mar-s#aa1 administrative officer to review and issue a Gas or Oil Well Permit within 30 days shall not cause the application for the permit to be deemed approved. B. Each Gas or Oil Well Permit issued by the dire-AAafshal administrative officer shall: 1. Identify the name of each well and its operator; 2. Specify the date on which the ~~~° ",-~".a; administrative officer issued each permit; 3. Specify the date by which drilling shall commence on at least one well covered by the permit otherwise the permit expires (such date shall not be less than one year after the date of issuance); 4. Specify that if drilling is commenced on at least one well covered by the permit before the permit expires, the permit shall continue until the wells covered by the permit are abandoned and the site restored; 5. Incorporate, by reference, the insurance and security requirements set forth in Chapter 3.1; 6. Incorporate, by reference, the applicable rules and regulations of the Railroad Commission, including the applicable "field rules"; 7. Specify that no drilling operations (including the construction of internal private access roads) shall commence until the operator has provided the security required by Chapter 3.1; 8. Contain the name, address, and phone number of the person designated to receive notices from the City, which person shall be a resident of Texas that can be served in person or by registered or certified mail; and 9. Incorporate by reference all permits and fees required. Section 3.1 -'157 Permit F'ees'and Escrow Requirements ~~ g~ As a condition to the issuance of the gas or oil well drilling permit required by this Chapter of the Land Development Code, payment of the applicable permit fee shall be paid in full. Said permit fee shall be in accordance with the Schedule of Fees and Charges contained in Section 2.26 of the Colleyville Code of Ordinances. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 22 Additions are underlined, Deletions contain str+ket#reaghs If the_application for a well permit is approved, prior to a permit being issued, the operator shall deposit with the city the sum of $15,000.00 for each pad site containing a well permit application approved. The funds shall be maintained by the city in an interest-bearing escrow account from which the city may reimburse itself for the actual administrative expenses, consulting fees, contracting fees or the funding of inspector position(s). All interest earned shall be credited to the fund balance or refunded to the operator if and when the minimum balance is achieved. The city shall invoice and notify the operator, in writing of any deduction from the application fund and within 15 days of receipt thereof, the operator shall pay to the city for deposit into the fund the amount necessary to return the balance to $15,000.00. The operator may appeal anv charge assessed against the fund by filing an appeal as provided in this article. If the operator fails to maintain the fund as required by this section, such failure shall constitute a violation of this article, and the administrator max suspend or revoke the well permit and the city may pursue all remedies provided in this article for such violation. Upon completion of all drilling activities, final inspection and approval by the city of a restored site, and fulfillment by the operator of all of operator's obligations under this article, the city shall return anv remaining account balance to the operator or the operator's approved assign. A. Inspections shall be performed by city staff as determined by the administrative officer or by an independent inspection consultant, as ~°}Qa approved by the City Manager. If necessary, the costs for retaining an independent inspection service shall be in addition to the permit fee and escrow requirements and shall be billed on a monthly basis to the holder of the oil and gas well drilling permit. If payment is not received by the City within forty-five (45) days from the billing date, the drilling permit shall be revoked. B. The ~ administrative officer is aye hereby authorized to establish written inspection procedures to enforce the provisions of the oil and gas well drilling regulations contained in this Chapter. A. The holder of an approved oil and gas well drilling permit may obtain water from the City of Colleyville through a temporary fire hydrant meter in accordance with the policies and procedures existing at the time the fire hydrant meter is obtained. B. When a water shortage has been declared, in accordance with the operating policies of the Colleyville Water and Sewer Manual, it shall be unlawful to use water from the Colleyville water system for oil and gas well drilling operations and production. C. The time of delivery of water for oil and gas well drilling operations and production shall be determined by the Director of Public Works. D. Unless otherwise approved as a provision of the Special Use Permit, no water well permit shall be approved for oil and gas well drilling. Sectiian 3.1 -160 Emergency Reporting' A. Requirement to report emergencies: 1. The operator shall immediately notify the oil and gas inspector, administrative officer and Fire Marshal of any incident resulting in product loss from a hydrocarbon storage facility or pipeline facility, blowout, fire, explosion, incident resulting in injury, death, or property damage, or any other significant incidents as defined by the City. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 23 Additions are underlined, Deletions contain sttikethreugt-s 2. A written report, containing a brief summary of the incident, shall be submitted to the oil and gas inspector by 5:00 p.m. on the first business day of the City of Colleyville following the incident, and a duplicate report shall be submitted to the Fire Marshal and administrative officer by the same time. A follow-up report shall be submitted to the oil and gas inspector, administrative officer and the Fire Marshal within 30 days following the incident. The operator responsible for the follow-up incident report shall include the following information: i. Operator/applicant name, phone number, addresses, and, if possible, a-mail address. ii. Description of the incident, including, but not limited to, the time, date, location, and cause of the event. iii. Duration of the incident, that is, when the it began and when it terminated to the degree that it no longer constituted a hazard to the health, safety, and well-being of persons or property, regardless of the distance or separation from the place of incident. iv. How the incident was brought under control and/or remedied. v. A full and complete description of the type of intercompany investigation or other investigation or inquiry that was made concerning the incident, the findings or results of such inquiry or investigation, and the action taken as a result of the findings and inquiry concerning the prevention of the existence of future hazards. vi. Signed and dated by the person responsible for such report. 4. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission within 30 days after the operator has notice of the existence of such reports or complaints. This shall include, but not be limited to, notification of any reportable quantity releases of oil, natural gas, and/or associated minerals, chemicals, or solid and/or liquid wastes, pursuant to regulatory requirements established by the commission, and notification to the Fire Marshal of any fire, and/or equipment strikes by lightning. 5. Beginning on December 31St, after each well is completed, and continuing on each December 31St thereafter until the operator notifies the oil and gas inspector that the well has been abandoned and the site restored, the operator shall submit a written report to the dire-Mar-shat administrative officer identifying any changes to the information that was included in the application for the applicable permit that have not been previously reported to the City of Colleyville. Section" 3.1 --165' Pelriodic Reports ~ ~~ r F `" ~,,~: as ' z C ss~ . A. The operator shall notify the €~e-AAarshal administrative officer of any changes to the following information immediately, within one business day after the change occurs. 1. The name, address, and phone number of the operator; 2. The name, address, and 24-hour phone number of the person(s) with supervisory authority over drilling or operations activities; 3. The name, address, and phone number of the person designated to receive notices from the City, which person shall a resident of Texas that can be served in person or by registered or certified mail; 4. The operator's Emergency Action Response Plan including "drive-to-maps" from public rights-of way to each drill site. B. The operator shall provide a copy of any "incident reports" or written complaints submitted to the Texas Railroad Commission or any other state or federal agency within 30 days after the operator has notice of the existence of such reports or complaints. C. Beginning on December 31St, after each well is completed, and continuing on each December 31St thereafter until the operator notifies the dare-AAarshat administrative officer that the well has been abandoned and the site restored, the operator shall prepare a written report to the F-+r° "~-.: aT~a; administrative officer identifying any changes to the information that was included in the application for the applicable Gas or Oil Well permit that have not been previously reported to the City. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 24 Additions are underlined, Deletions contain sttiketgfeaghs Section 3.9 - 97p Noticeof Actittitie~ ~ '~~~~~ A. Any person who intends to re-work a well using a drilling rig, to fracture stimulate a well after initial completion, or to conduct seismic exploration involving explosive charges shall give written notice to the City at least 10 days before the activities begin. B. Written notices must be provided, by the operator, to all residences within 1,000 feet of a well, 24 hours prior to hydraulic fracturing of a wellhead. C. The notice shall identify where the activities will be conducted and shall describe the activities in reasonable detail, including but not limited to the duration of the activities and the time of day they will be conducted. D. The notice shall also provide the address and 24-hour phone number of the person conducting the activities. E. The person conducting the activities will post a sign on the property giving the public notice of the activities, including the name, address, and 24-hour phone number of the person conducting the activities. Section 3.1 -175 Remedies of the` City A. If an operator (or its officers, employees, agents, contractors, subcontractors or representatives) fails to comply with any requirement of a Gas or Oil Well Permit (including any requirement incorporated by reference as part of the permit), the fife-AAafsl~al administrative officer shall give written notice to the operator specifying the nature of the alleged failure and giving the operator a reasonable time to cure, taking into consideration the nature and extent of the alleged failure, the extent of the efforts required to cure, and the potential impact on the health, safety, and welfare of the community. In no event, however, shall the cure period be less than 30 days unless the alleged failure presents a risk of imminent destruction of property or injury to persons or unless the alleged failure involves the operator's failure to provide periodic reports. The ~+re Marsha{ administrative officer may issue a Stop Work Order under the Fire Code. B. If the operator does not cure the alleged failure within the time specified by the Chapter 3.1, the City Attorney may notify the Texas Railroad Commission and request that the Texas Railroad Commission take appropriate action (with a copy of such notice provided to the operator), and the City may pursue any other remedy available . C. If the operator does not cure the alleged failure within the time specified by Chapter 3.1, the ~~al administrative officer may: 1. Recommend to the City Council that the Gas or Oil Well Permit be suspended until the alleged failure is cured; or, 2. If the operator fails to initiate and diligently pursue a cure recommend to the City Council that the Gas or Oil Well Permit be revoked. D. The decision of the Fie-AAa~shal administrative officer to recommend suspension or revocation of a Gas or Oil Well Permit shall be provided to the operator in writing at least ten (10) days before any action by the City Council unless the alleged failure present a risk of imminent destruction of property or injury to persons E. If a Gas or Oil Well Permit is revoked, the operator may submit an application a new Gas or Oil Well Permit for the same well. _ . .....................................................s ....................... _....... _. Chapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 25 Additions are underlined, Deletions contain sttikettare~ghs Section 3.1` -180 Enforcement and:.Right of Entry A. The ~~e-~Aa~sk~al administrative officer is authorized and directed to enforce this Chapter and the provisions of any Gas or Oil Well Permit. Whenever necessary to enforce any provision of this Chapter or a Gas Well Permit, or whenever there is reasonable cause to believe there has been a violation of this Chapter or a Gas or Oil Well Permit, the ~+re-AAafs#at administrative officer, or the designated representative, may enter upon any property covered by this Chapter or a Gas or Oil Well Permit at any reasonable time to inspect or perform any duty imposed by this Chapter. If entry is refused, the City shall have recourse to every remedy provided by law and equity to gain entry. B. It shall be unlawful and an offense for any person to do the following: 1. engage in any activity not permitted by the terms of a Gas or Oil Well Permit issued under this Chapter; 2. fail to comply with any conditions set forth in a Gas or Oil Well Permit issued under this Chapter; 3. violate any provision or requirement set forth under this Chapter. Section' 3.1 -185 Plugged and`'. Abandoned Wells ~ ~ ~°. `;, ~~. A. Whenever abandonment occurs pursuant to the requirements of the Texas Railroad Commission, the operator so abandoning shall be responsible for the restoration of the well site to its original condition as nearly as practicable, in conformity with the regulations of this article. B. Abandonment shall be approved by the ~~al administrative officer after restoration of the drill site has been accomplished in conformity with the following requirements at the discretion of the €ire--Ma;FS#a} administrative officer: 1. The derrick and all appurtenant equipment thereto shall be removed from drill site; 2. All tanks, towers, and other surface installations shall be removed from the drill site; 3. All concrete foundations, piping, wood, guy anchors and other foreign materials regardless of depth, except surface casing, shall be removed from the site, unless otherwise directed by the Texas Railroad Commission; 4. All holes and depressions shall be filled with clean, compactable soil; 5. All pits shall be drained and removed and the resulting area shall be graded, where necessary, with clean soil to match the surrounding landscape. 6. All waste, refuse or waste material shall be removed from the drill site; and 7. During abandonment, operator shall comply with all applicable sections in this article. C. The operator shall furnish the following at the discretion of the ~~~° ",-~-,: a;~„c„ administrative officer: 1. A copy of the approval of the Texas Railroad Commission confirming compliance with all abandonment proceedings under the state law; and 2. A notice of intention to abandon under the provisions of this section and stating the date such work will be commenced. Abandonment may then be commenced on or subsequent to the date so stated. D. All abandoned or deserted wells or drill sites shall meet the most current abandonment requirements of the Texas Railroad Commission prior to the issuance of any building permit for development of the property. No structure shall be built over an abandoned well. ~ M. Section 3.1 -186 Pipeline Regulations ~x ~~~~ ~`~'` ~~ ~~y The provisions of this section shall govern all pipelines used for gathering lines and transmission lines utilized specifically for natural gas and all other petroleum based products as defined in this in chapter This section shall not apply to distribution lines operated by franchise utilities for service to end users such as residential and business customers. _.......g_ ........................._....... hapter 3.1 -Oil and Gas Well Drilling Pa a 3.1 - 26 Additions are underlined, Deletions contain sttiket#Feughs The following regulations shall apply to all pipelines as defined in this chapter: A. No pipeline for the transportation of pas, oil or hydrocarbons shall be constructed or laid except on rights-of- wav or easements owned by the owners or operators of wells or third party pipeline companies or upon designated drilling tracts and upon rights-of-way or easements necessary to connect future wells to present lines. B. In order to install construct maintain repair replace modify remove or operate a pipeline the pipeline operator must first obtain from the city an easement or license on over under along or across any affected city streets, sidewalks, alleys and other city property. Such easement or license shall continue for as long as pipeline operations continue under any pipeline permit. C. The pipeline operator of any pipeline shall: 1. Not interfere with or damage existing utilities including but not limited to' water sewer or gas lines storm drains, electric lines or the facilities of public utilities located on under or across the course of such right- of-way; and 2. Construct such pipeline or cause same to be constructed out of new pipe and 3. Grade. level and restore the affected property to the same surface condition as nearly practicable as existed before operations were first commenced and 4. Backfill all trenches and compact such trenches to 95 percent standard density proctor in eight-inch lifts and construct the pipeline so as to maintain a minimum depth of eight feet below the finished rcLade except in public rights-of-way where minimum cover to the top of the pipe shall be at least eight feet below the bottom of any adjacent roadside ditch. No public roads may be crossed by open cut During the backfill of any pipeline excavations the pipeline operator shall bury "Buried Pipeline" warning tape one foot above any such pipeline to warn future excavators of the presence of a buried pipeline The issuing administrator may require that sections of proposed pipeline be constructed at deeper depths based upon future city infrastructure needs. The administrator may also require that a proposed or existing pipeline be relocated should it conflict with the proposed alignment and depth of a gravity dependent utility and 5. Construct. repair and/or maintain of all pipelines so as to meet or exceed the applicable minimum criteria established by the statutory or regulatory requirements of the state and federal governments for such pipeline: and 6. Design and construct all pipelines in accordance with this section and the latest standards mandated by the U.S. Department of Transportation (DOT) and railroad commission for pipelines operating within a class 3 location in accordance with 49 CFR 192.111: and 7. Equip all pipelines subject to this section with an automated pressure monitoring system that detects leaks and shuts off any line or any section of line that develops a leak In lieu of such system the pipeline operator may have 24-hour pressure monitoring of the pipeline system which provides monitoring of the pipeline within the city limits. Anv monitoring system(s) shall be keyed to or required to notify the city's emergency response providers in order to provide them with immediate notice of any leak D. Upon approval of a pipeline permit, and prior to the issuance of such permit the pipeline operator shall deposit with the city, and shall maintain at all times during the continuation of pipeline operations a fund with the city containing a minimum running balance of $15 000 00 for each pipeline permit application approved The funds shall be maintained by the city in an interest bearing account from which the city shall reimburse itself for the actual administrative expenses consulting fees contracting fees or the funding of inspector position(s). All interest earned shall be credited to the fund balance or refunded to the operator if and when the minimum balance is achieved. The city shall invoice and notify the pipeline operator in writing of any deduction from the application fund, and, within 15 days of receipt thereof the pipeline operator shall pay to the city, for deposit into the application fund the amount necessary to return the balance to $15 000 00 The pipeline operator may appeal any charge assessed against the fund by filing an appeal as provided in this article. If the pipeline operator fails to maintain the fund as required by this section such failure shall constitute a violation of this article, and the administrator may suspend or revoke the pipeline permit and the city may pursue all remedies provided in this article for such violation If the pipeline subject to the pipeline permit is disconnected from all sources or supplies of pas hazardous liquids and chemicals and capped or sealed at the ends and/or removed in accordance with the provisions of this section and any required site remediation completed, following final inspection and approval by the city and fulfillment by the pipeline .......... Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 27 Additions are underlined, Deletions contain sifikegs operator of all of pipeline operator's obligations under this article, the city shall return any remaining account balance to the operator or the operator's approved assign. E. The pipeline operator shall give notice 72 hours prior to the commencement of pipeline construction to all residents and operators of habitable structures that are located within 1,000 feet of the proposed centerline of the pipeline. F. Within 60 days after completion of pipeline construction the pipeline operator shall provide the city with as-built or record drawings of the pipelines. Accuracy of the record drawings shall meet a survey level of one foot to 50,000 feet. The scale of the record drawings shall be a minimum of one inch to 40 feet. The drawings shall also be supplied in a DFF digital file format with the location tied to at least one nearby GPS (global positioning system) city monument. If the new pipeline length exceeds 1,000 feet within the city, the pipeline shall be tied to at least two GPS city monuments. G. A preconstruction conference with the development review committee shall be required prior to the commencement of pipeline construction. A. At least 45 days prior to the scheduled commencement of the installation, construction, reconstruction, reworking, modification, replacement or operation of a new pipeline, the pipeline operator shall submit an application and pay a fee in the amount set in the city's fee schedule for a pipeline permit to the city. B. City Council approval required: Any pipeline permit shall require final approval by the City Council prior to commencement of pipeline construction. C. A pipeline permit application shall meet the following requirements: 1. Any applications for a new pipeline or other activities regulated by this Section shall be submitted to the city on a form prescribed by the city: and 2. Each application for a pipeline permit shall be accompanied by five paper sets and one electronic set of plans showing the dimensions and locations of the pipeline and related items or facilities within the subject right-of-way or easement, as well as all proposed lift stations, pumps or other service structures related to such pipeline and the location, type and size of all existing utilities, drainage, right-of-way and roadway improvements. The plans must additionally show the elevation and location of all known public utilities within 15 feet of the centerline of the proposed pipeline. Any application that fails to meet these requirements will be returned unfiled to the applicant; and 3. Within 30 days after the date of filing of said application and plans, the city shall send notice to the applicant as to whether the application will be scheduled for Citv Council consideration and the total charge due. If the application is rejected, reasons for resection of the application shall be provided in writing D. The following information shall be provided in the application for a pipeline permit: 1. The name, business addresses and telephone numbers of the pipeline operator; and 2. The names, titles and telephone numbers of the following: a. The person signing the application on behalf of the pipeline operator; and b. The person designated as the principal contact for the submittal; and c. The. person designated as the 24-hour emergency contact; and 3. The origin point and the destination of the proposed subject pipeline; and 4. A text description of the general location of the proposed subject pipeline; and 5. A description of the substance to be transported through the proposed subject pipeline; and Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 28 Additions are underlined, Deletions contain st~iket#~e~+ghs 6. A copy of the substance material safety data sheet (MSDS); and 7. The maximum allowable operating pressure on the proposed subiect pipeline, along with the specified minimum yield strength (SMYS) of the pipe, its pressure class and design calculations in accordance with 49 CFR 192.105. assuming a class 3 or better location; and 8. The normal operating pressure range of the proposed subject pipeline, not to exceed the maximum allowable operating pressure as designated above; and 9. Engineering plans, drawings and/or maps with summarized specifications showing the horizontal location, covering depths and location of shutoff valves of the proposed subiect pipeline. (The location of shutoff valves must be known in order for emergency responders to clear area for access valves.) To_ the extent that information can be obtained. drawings shall show the location of other pipelines and utilities that will be crossed or paralleled within 15 feet of the proposed subject pipeline right-of- wav; and 10. A description of the consideration given to matters of public safety and the avoidance, as far as practicable, of existing habitable structures and congregated areas; and 11. Detailed cross section drawings for all public street right-of-way and easement crossings; and 12. Methods to be used to prevent both internal and external corrosion; and 13. A binder or certificates of all bonds and insurance as required under this division; and 14. All_ application materials required pursuant to the city's tree preservation ordinance, as it may be amended, including a tree survey measured from the outer edge of any improvements, construction areas, development, equipment, materials, temporary roads, access easements and/or built structures, extending 25 feet, without regard to intervening structures or objects; and 15. A~roposed alignment strip map showing name and address of all affected property owners; and 16. A site plan showing the location of such pipeline conforming to the city's standards for site plans, pursuant to Section 3.31 of the Land Development Code. E. Permit review process and procedures. 1. No. pipeline permit shall be approved or issued if the proposed activities do not fully conform to all provisions of this article and all other applicable city ordinances, state and federal law. No pipeline permit may be issued unless and until a specific use permit is approved by the city council for the well or wells within the city intended to be served by such pipeline. 2. All requirements for a pipeline permit as provided in this Section must be completed by the pipeline operator prior to any pipeline permit being considered as being administratively complete. Anv application submitted that is determined to be administratively incomplete shall be returned to the pipeline operator within ten business davs of the submittal date along with a letter documenting the deficiencies of the application, if anv. 3. Within 30 davs after the date of presentation of said application and plans, the administrator shall send notice to the applicant as to whether the application will be scheduled for City Council consideration and the total charge due. If the application is rejected as incomplete, the administrator shall provide the reasons for resection of the application in writinq_ 4. After the filing of an administratively complete application, an administrative conference may be conducted to seek resolution of anv substantive, non-resolvable technical issues. The conference shall be conducted with the development review committee. The costs associated with the technical advisor shall be borne by the pipeline operator. A quorum of at least three members must be present, and at least one of the members present at the conference must have emergency management expertise in order to conduct a conference. Anv decision by the development review committee is final. 5. If the development review committee determines that the city should obtain an independent study or analysis of an application to construct a new pipeline, upon approval by the city council, the city shall engage duly qualified independent consultant(s) or contractor(s) to conduct such special studies or analyses as required to fully evaluate and act upon an application for a new pipeline. The actual cost for said consultant or contractor. including the cost of any inspections deemed necessary by the development review committee or otherwise required by this division, shall be paid by the pipeline operator, and may be billed directly to the pipeline operator's fund balance established pursuant to this subdivision. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 29 Additions are underlined, Deletions contain str+kethreughs 6. Following completion of the review process described herein, the administrator shall schedule the permit for City Council approval, or deny the application as incomplete. If the application is rejected, the administrator shall provide the reasons for resection of the application in writing. 7. Anv change in service of a pipeline not previously addressed by this section to pas, hazardous liquid or chemical service as a pipeline must be reviewed in accordance with the new pipeline review procedure outlined herein, as if it were a new pipeline. 8. If construction of a pipeline has not commenced within six months of the date of issuance of the pipeline permit, or if the pipeline has not been completed and the surface restored within one year, the pipeline permit shall expire; provided, however, that the administrative officer may grant an extension of time not to exceed one year if the administrative officer determines that weather or other unexpected physical conditions justify such an extension. If the pipeline permit expires as provided herein, and construction of the subject pipeline has commenced but has not yet been completed, the pipeline operator shall immediately cease construction but shall complete any site remediation required by this section or other applicable law, regulation or ordinance. F. Pipeline information reporting requirements. 1. Each_ pipeline operator subject to this section shall provide to the administrative officer the names, mailing addresses and telephone numbers of at least two primary persons, officers or contacts available on a 24-hour basis and at least two alternative persons, officers or contacts to be reached in the event the primary contacts are unavailable who: a. Can initiate appropriate actions to respond to an emergency; and b. Have access to information on the location of the closest shutoff valve to any specific point in the city; and c. Can furnish the common name of the material then being carried by the pipeline. Anv change in the above-referenced contact information must be provided to the city by contacting the inspector prior to such change. 2. Every pipeline operator subject to this section shall be required to present to the city a safety report and file with the city an annual verified safety report in letter form on or before the anniversary date of the approval of the permit(s) and each year thereafter for the preceding 12 month period. Said written safety report shall contain the following information: a. A statement that the pipeline has no outstanding safety violations as determined in an inspection or audit by either the railroad commission and/or the U.S. Department of Transportation with regard to any pipeline operating within the city. Alternatively, if there are any safety violations as determined by the railroad commission and/or the U.S. Department o_f Transportation that have not been corrected, these shall be described to the city with an action plan to correct the safety violations. Said action plan shall include a timeline for corrective action and the individual or firm responsible for each action; and b. Evidence that the pipeline operator has current liability insurance as required by this section; and c. A statement that the pipeline information specified in subsection (a) of this section is correct. Alternatively, in the event that the required information on file with the city is no longer correct, updated or corrected information shall be submitted within five days of the change and the updated information shall be submitted with the annual safety report; and d. If the pipeline operator has no reporting responsibility to the railroad commission or the U.S. Department of Transportation and is otherwise exempt from the safety regulations of either of such agencies, the following documents pertaining to the preceding reporting period of June 1 through May 31: Copies of internal reports of responses to pipeline emergencies, as pipeline emergency is defined in this article; and Current operations and maintenance logs; and Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 30 Additions are underlined, Deletions contain striketJaredghs Current emefgenCV aCtlOn plan. e. A log of all the maintenance and monitoring activities conducted on all lines subject to this division for the reporting period shall be made available upon reauest. The actual administrative costs incurred by the city in reviewing the annual safety letter shall be billed directly to the pipeline operator's fund balance established pursuant to this section. Each pipeline operator subject to this section shall file a copy of all initial or follow-up reports provided to the U.S. Department of Transportation or the railroad commission on unsafe pipeline conditions pipeline emergencies or pipeline incidents within the city concurrently with the city. In addition such pipeline operator shall file any initial or follow-ug reports filed with state and federal environmental regulatory agencies pertaining to pipeline releases within the city concurrently with the city. Upon written reauest, each pipeline operator subject to this section shall make available during normal business hours and at the pipeline operator's local office, documents for review that are required for submittal to or to be maintained on file for the U.S. Department of Transportation and the railroad commission, including but not limited to the followinc1 a. Operations and maintenance records; and b. Employee training records; and c. Annual inspection reports; and d. Repair records; and e. Operating records; and f. Insurance records. G. Inactive and idled pipelines. 1. A pipeline operator subject to this section shall maintain and keep current all reporting records specified in this section on all pipelines, regardless of whether such pipelines are inactive or idled and 2. A pipeline operator subject to this section shall purge anv inactive pipelines of pas hazardous liquids and chemicals, and phvsically isolate such pipeline if such action does not adversely affect the pipeline operator's right-of-way easement and does not prevent the pipeline operator from maintaining the physical integrity of the pipeline. A pipeline operator subject to this section shall maintain anv inactive pipelines to prevent deterioration; and 3. If a pipeline is phvsically isolated as provided herein, a pipeline operator subject to this section shall include the means used to physically isolate the inactive pipeline in the information retained on file with the city for reporting_ 4. The following regulations shall apply to idled pipelines: a. If a_pipeline is idled, a pipeline operator subject to this section shall make an entry to the required reporting records as required in this section that the pipeline has been idled; and b. If a pipeline is idled. a pipeline operator subject to this section shall purge and disconnect such pipeline from all sources or supplies of pas, hazardous liquids and chemicals. and cap or seal such pipeline at the ends: and c. Reactivation of idled pipelines shall require notification to the city pursuant to the standards and requirements specified in this section. Reactivation shall require pressure testing for integrity and compliance with railroad commission and/or U.S. Department of Transportation regulations. H. Emergency response plans and emergency incident reporting. 1. Each pipeline operator subject to this section shall maintain written procedures to minimize the hazards resulting from an emergency. These procedures shall at a minimum provide for the following: a. Prompt and effective response to emergencies, including but not limited to the following: i. Leaks or releases that can impact public health, safety or welfare; and Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 31 Additions are underlined, Deletions contain stfiketJ~eughs ii. Fire or explosions at or in the vicinity of a pipeline or pipeline easement; and iii. Natural disasters: and b. Effective means to notify and communicate required and pertinent information to local fire, police and public officials during an emergencv: and c. The availability of personnel, equipment, tools and materials as necessary at the scene of an emergencv: and d. Measures to be taken to reduce public exposure to injury and probability of accidental death or dismemberment; and e. Emergency shut down and pressure reduction of a pipeline; and f. The safe restoration of service following an emergency or incident; and g. A follow-up incident investigation to determine the cause of the incident and require the implementation of corrective measures. 2. Each pipeline operator subiect to this section shall meet annually with the administrative officer fire marshal to review emergencv response plans. These reviews shall be in accord with U.S. Department of Transportation and railroad commission requirements and the pipeline operator will do the following: a. Furnish or update a copy of the emergency response plan described in subsection (a) of this section: and b. Review the responsibilities of each governmental organization in response to an emergencv or incident: and c. Review the capabilities of the pipeline operator to respond to an emergencv or incident; and d. Identify the types of emergencies or incidents that will result in or require contacting the city' and e. Plan mutual activities that the city and the pipeline operator can engage in to minimize risks associated with pipeline operation; and f. The city shall provide the pipeline operator with a list of additional contacts that shall be made in the event of a pipeline emergency or incident. The city will inform the pipeline operator of the emergencv response groups that will be contacted through 911. 3. Upon discovery of a pipeline emergency or incident, any affected pipeline operator subiect to this section shall as soon as practical communicate to the city the following information: a. A Qeneral description of the emergency or incident; and b. The location of the emergencv or incident; and c. The name and telephone number of the person reportina the emergencv or incident: and d. The name of the pipeline operator; and e. Whether or not any hazardous material is involved and identification of the hazardous material so involved: and f. Any other information as requested by the emergencv dispatcher or other such official at the time of reporting the emergency or incident. 4. Upon discovery of a pipeline emergency or incident, a pipeline operator subject to this section shall contact any other emergencv response groups that are necessary that may not be activated through the county 911 system. 5. Upon discovery of a pipeline emergencv or incident, a pipeline operator subject to this section shall contact the fire department immediately after the discovery of any pipeline emergency 6. Notwithstanding any provision in this division, each pipeline operator subiect to this section shall equip and maintain any pipeline containing natural pas which contains hydrogen sulfide in concentrations of more than 100 parts per 1,000,000,000 with an audible alarm system that will provide an alarm to the general public in the event of a leak from any pipeline, gathering or flow line subiect to this division. Said audible alarm system shall be of a type and design approved by the cit rL. 7. Within two years of the effective date of the pipeline permit and every two years thereafter each pipeline operator subject to this section shall, at the request of the administrative officer, conduct an on-site, emergencv drill that includes. but shall not be limited to, the personnel operating the pipeline, local law enforcement personnel and officials of the city. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 32 Additions are underlined, Deletions contain s#iket#reagk~s 8. Notwithstanding the foregoing, a pipeline operator subject to this section shall report all incidents involving well safety or integrity that do not rise to the level of a pipeline emergency to the city by completing an incident report on forms prepared by the city. Incident reports must be filed by the pipeline operator within 24 hours of discovering the incident. Pipeline repairs and maintenance. 1. All repairs and maintenance of pipelines are to be performed in accordance with U.S. Department of Transportation and railroad commission mechanical integrity requirements. 2. If non-emergency repairs necessitate excavation of a pipeline, the pipeline operator shall send notification to occupants of business establishments and residential dwellings located within 500 feet from the centerline of the pipeline to be excavated at least five days prior to commencincLsuch repairs. 3. If above-ground non-emergency repairs that are not routine maintenance are required the pipeline operator shall send notification to occupants of businesses and residential dwellings located within 500 feet from the centerline of the pipeline section to be repaired at least five days prior to commencing such repairs. 4. The notice required in subsections (2) and (3) of this section shall be sent by U.S. regular mail postage prepaid mailed at least five days prior to commencing any non-emergency repair provided however, that the pipeline operator may use hand delivery notice as an alternative, at the pipeline operator's discretion. 5. Inspection of the interior of all pipelines shall comply with U.S. Department of Transportation and railroad commission rules. No assumption of responsibility by city. Nothing in this section shall be construed as an assumption by the city of any responsibility of a pipeline operator of a pipeline not owned by the city, and no city officer, employee or agent shall have authority to relieve a pipeline operator from their responsibility under this section or by any other law ordinance or resolution. K. Protection and painting of structures. A_pipeline operator subiect to this section shall keep protected and painted all pipeline risers and all appurtenances related to pipeline construction and operations which are composed of materials which are generally protected or painted. Such operator shall repaint all such items at sufficiently frequent intervals to maintain same in good condition. It shall be a violation of this article for any pipeline operator subject to this section to permit any pipeline riser and/or appurtenances related to pipeline construction and operations to be in a state of disrepair or to have chipped, peeling or unpainted portions thereof. L. No_mplied grant of easement for street and right-of-way use. In the event a pipeline is placed within any public right-of-way under the jurisdiction of the city. the pipeline operator shall comply with all right-of-way use regulations as provided in the Land Development Code and Code of Ordinances. Nothing in this section grants permission for the use of any street, right-of-way or property of the city, and any such use shall be subiect to the city at its sole discretion. To the extent that the provisions of this section conflict with the city's right-of-way use regulations. this section shall control. M. Bond and insurance required. 1. In the event that a pipeline permit is issued for a pipeline or other operations under this section, no actual operation shall be commenced until the pipeline operator files with the city secretary a bond and a certificate of insurance as follows: Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 33 Additions are underlined, Deletions contain str-iket#redg4is a. No person shall begin the construction or operation of anv pipeline until such person has obtained a valid permit and filed with the city secretary a duly executed bond executed by the pipeline operator as principal with an A.M. Best "A" rated surety company that is acceptable to the city and is licensed to conduct business in the state as surety, payable to the city and the policy shall name the city as an additional insured and such surety company shall maintain an A.M. Best "A" rating for the policy period. Said bond shall include conditions that the pipeline operator, its heirs, assigns and successors will do the following Comply with the terms and conditions of the application and this section in the construction, operation and maintenance of the pipeline and related structure(s); and ii. Restore all streets and sidewalks and all other public places and all public utilities that may be injured or damaged in the operation to their former condition; and iii. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in the construction of any pipeline within ten days of the completion of said construction; and iv. Remove all litter, machinery, buildings, trash and waste used, accumulated or allowed in the operation of anv pipeline within ten days of the completion of said operations. b. Such bond shall be in the sum of $1,000,000.00 and before the pipeline permit shall be issued, the bond must be approved by the city and filed with the city secretary. Such bond shall become effective upon the granting of the pipeline permit and shall remain in full force and effect until all work under the terms of such pipeline permit has been completed. Such bond may later be amended to include other pipelines, under provisions of other applications or other permits. c. In addition to the bond required in subsection (a) above of this section, each person desiring to construct a pipeline or to conduct any other work under the provisions of this section shall be required to carry public liability insurance with a carrier rated "A" or better by A.M. Best in a minimum amount of $1,000,000.00 for one person and $5,000,000.00 for one accident and property damage insurance in the amount of $10,000,000.00 for one accident, which shall remain in full force and effect and be carried so long as such pipeline is operated. A certificate of insurance shall be furnished annually by the permittee or the subsequent pipeline operator showing that such insurance is and continues in effect. d. Each pipeline operator subject to this section shall provide and maintain in full force and effect during the term of its permit insurance with the following minimum limits: i. Worker's compensation at statutory limits; and ii. Employer's liability, including bodily injury by accident and by disease, for $500,000.00 combined single limit per occurrence and a 12-month aggregate policy limit of $1,000,000.00; and iii. Commercial general liability coverage, including blanket contractual liability, products and completed operations, personal injury, bodily injury, broad form property damage, operations hazard, pollution, explosion, collapse and underground hazards for $5,000,000.00 per occurrence and a 12-month aggregate policy limit of $10,000,000.00; and iv. Automobile liability insurance (for automobiles used by the pipeline operator in the course of its performance under the pipeline permit, including employer's non-ownership and hired auto coverage) for $2,000,000.00 combined single limit per occurrence. 2. The city may adjust the above minimum liability limits every five years during the term of the pipeline permit, or sooner as determined by city council, to compensate for the effects of inflation and with the objective to reestablish the value of coverage required as of the effective date of this division. 3. Each policy or an endorsement thereto, except those for worker's compensation and employer's liability, shall name the city and its officers, officials, employees, successors and assigns as additional insured parties, but limited to risks indemnified pursuant to this division. If any such policy is written as "claims made" coverage and the city is required to be carried as an additional insured. then the pipeline operator subject to this section shall purchase policy period extensions so as to provide coverage to the city for a period of at least two years after the last date that the pipeline permit is in Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 34 Additions are underlined, Deletions contain st;+l~etktireugk~s effect. No deductible shall exceed ten percent of the minimum limits of liability or one percent of the consolidated net worth of such pipeline operator and its permitted affiliates, whichever is greater. 4. Each pipeline operator subject to this section shall assume and bear any claims or losses to the extent of deductible amounts and waives any claim it may ever have for the same against the city and its officers, officials, employees, successors and assigns in respect of any covered event. 5. All such policies and certificates shall contain an agreement that the insurer shall notify the city in writing not less than 30 days before any material change, reduction in coverage or cancellation of any policy. Each pipeline operator subject to this section shall give written notice to the city within five days of the date upon which total claims by any party against such pipeline operator reduce the aggregate amount of coverage below the amounts required by the pipeline permit. 6. Each policy must contain an endorsement to the effect that the insurer waives any claim or right in the nature of subrogation to recover against the city, its officers, officials, employees, successors and assi ns. 7. Each policy must contain an endorsement that such policy is primary insurance to any other insurance available to the city as an additional insured with respect to claims arising there under. 8. The city council may modify the requirements of this section, as it deems appropriate, in order to account for the risk and possible threat to the public health, safety and general welfare posed by the operation of pipelines within the citLr. N. P~~i eline markers. 1. In accordance with U.S. Department of Transportation and railroad commission requirements, each pipeline operator subiect to this subdivision shall place and maintain permanent line markers as close as practical over the regulated pipeline(s) at each crossing of a public street, utility easement and railroad. Marker(s) shall also be maintained along each regulated pipeline that is located above ground in an area accessible to the public. The markers shall be of permanent type construction and contain labeling identifying the: a. Pipeline operator; and b. Twenty-four-hour contact telephone number; and c. A general description of the product transported in the pipeline; i.e., natural gas, oil, petroleum. 2. N~)erson shall tamper with, deface, damage or remove any pipeline marker, except the pipeline operator; and 3. Upon written request of the owner of real property on which a habitable structure is located and through which a regulated pipeline traverses, the pipeline operator shall install temporary pipeline markers or flagging to reduce the possibility of pipeline damage or interference, in accordance with this division. 4. The material, design, color, size and content of each line marker shall subiect to city council approval prior to installation. O. Termination of permit. Any violation of the provisions of any or all sections of this section shall be grounds for the termination of any pipeline permit. The termination of any pipeline permit shall require the immediate cessation of aIL_operations subject to such pipeline permit and shall require the pipeline operator subject to this subdivision to reapply for a new pipeline permit in full accordance with the provisions of this Section. Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 35 Additions are underlined, Deletions contain strikethfedgk~s A. A separate seismic survey permit shall be required for all seismic surveys. The operator conducting the seismic survey shall complete and submit a seismic survey application to the city containing, at a minimum, the following information: 1. Operator name, phone number, facsimile transmission number, address, and, if available, email address; and 2. If the operator is a corporation or other non-corporeal entity, the state of incorporation or organization; or if the operator is a partnership, the names and addresses of the general partners; and 3. Location of seismic survey; and 4. Date and time the seismic survey will be conducted; and 5. Detailed explanation of the seismic survey method to be used on site; and 6. Date and time the seismic survey will be completed; and 7. Identification of all staging areas; and 8. Evidence or documentation that the activity will adhere to the requirements of the city's tree preservation ordinance, found in Chapter 5 of the Land Development Code. B. Under no circumstances may explosive charctes, including but not limited to the use of dynamite, be used to conduct a seismic survey. In addition, the seismic survey activity shall be conducted in accordance with all applicable city ordinances. C. A fee in the amount set in the city's fee schedule must accompany each seismic survey permit application. Ord. Number Date Sub'ect 0-06-1569 04-04-2006 Ado tion of Cha ter 3.1 Oil and Gas Drillin Re ulations 0-06-1578 07-05-2006 Permit Fees, Ins ections and Water Usa e O-OS-1693 09-16-2008 Language Amendments, Required Site Plan Information, Standards for OiI and Gas Well Drilling and Production, Gas or Oil Well Permit A royal 0-10-xxxx 10-19-2010 Addition of: definitions, pipeline regulations and permitting procedures, comprehensive environmental standards, seismic survey provisions. phasing provisions. Amendments to: noise, landscaping, notification requirements. setback, liability and indemnification amounts and fence standards. Permit fees amended and added to Code of Ordinances Chapter 3.1 -Oil and Gas Well Drilling Page 3.1 - 36 ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A GAS WELL ON 13.2 ACRES LOCATED IN THE WILLIAM E. CROOKS SURVEY, ABSTRACT NUMBER 295 AND LOT 1, BLOCK 1, PARK PLACE ESTATES; 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. ZC10-022; 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 13.2 acres located in the William E. Crooks Survey, Abstract Number 295 and the Lot 1, Block 1, Park Place Estates, 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 as described in Exhibit "C". 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. c. Effective on the approval date of this ordinance, all provisions of Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code as they exist on said date are hereby adopted by reference through the passage of this ordinance. 2. Site Plan a. The layout of all equipment, tanks and access roads shall be consistent with the site plans labeled as Exhibits "D" and "E". Ordinance 0-10-xxxx Page 3 of 7 b. The well drilling and production site shall contain no more than 2 acres as shown on Exhibits "D" and "E". 3. Drilling Activities a. The primary drilling apparatus shall not exceed 160 feet in height. c. A 1.4 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. 4. 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 height. The production site shall generally be laid out per Exhibits "D" and "E". 5. 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. Ordinance 0-10-xxxx Page 4 of 7 e. 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. f. 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. 6. Landscaping a. All landscaping shall be installed as shown and described in the attached Exhibit "F" and as required in Chapter 3.1 of the Land Development Code prior to the commencement of any well production. 7. 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. 8. 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. At a minimum, airborne emissions of pollutants shall be mitigated per the emission control plan described in Exhibit "H". c. In order to insure compliance with all state and federal air quality standards an independent, third-party air quality inspection company shall pertorm periodic air-quality inspections, including measurements of airborne volatile organic compounds, at the site area prior to drilling operation and 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 Ordinance 0-10-xxxx Page 5 of 7 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 mud or dirt laid upon any City street as a result of the activity authorized by this SUP. Any mud or dirt created shall be removed from streets immediately. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. Ordinance 0-10-xxxx Page 6 of 7 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map 75sz 7542 AG AG S1T 7504 7406 74tY9 T606 ~ 7408 7400 7401 7404 7401 AG 7306 7100 Exhibit B -Legal Description TRACT >. BEING all of Lot 1, Block 1, Park Place Estates, as recorded in Voltune 388-176, Page 14, Plat Retards, Tarrant County, Texas and being 275,081 square feet, ar 6315 acres of land more or less. TRACT 2 BEING a h•act of land siriiated iu the V4'.E. Crooks Siuvey, Abstract Ntmiber 295, Tarrant C'otztity, Texas, and being a Portion of that certain tract of land desci7bed by deed to Trinity Christian Center of Santa Aria, Inc., as recorded in ~'ahune 9325, Page 1004, Comity Retards, Tan•ant Catulty, Texas, and being mare Particularly described by the metes and bounds as follotus: BEGINNING at a 318 inch Iran rod found at the naltltv~rest ca~iier of said Trinity Clu-istian Center Trott; THENCE N 84 deg. 38 ruin. 58 sec. E, 651.64 feet; THENCE S 00 deg. 43 min. 21 sec. E, 416.52 feet; THENCE S 75 deg. 43 nun. 33 sec. W, 657.74 feet, THENCE N O1 deg. 50 min. 17 sec. V4', 518.16 feet to the POINT OF BEGINNING. and containing 301,6'76 square feet, ar 6.926 acres of land wore ar less. Total Area= Tract 1 and 2: 1;.241 Acres of land mare or less. Exhibit C -Statement of Planning Objectives STATEMENT OF PLANNING OBJECTIVES TITAN OPERATING, LLC TCC SUP PLANNING OBJECTIVE The purpose of this SUP is to establish a well site, a ftac pond, and access road for the drilling, completion, and operating of multiple gas wells wi#hin the areas designated by the SUP Site Plan. WELL SITE LOCATION The well site location for the Titan TCC wells is identified on the SUP Site Plan. Titan will drill multiple horizontal wells from the proposed well site to develop approximately 3300 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 welt site will be from SH 26, west on Tinker, 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 TCC pad site to begin January, 2011. After construction of the pad site Titan anticipates the drilling of 3 wells; each of which will take approximately 30 days. After the initial test Titan anticipates drilling a total of approximately 14 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. 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 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 far 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 Exhibit C -Statement of Planning Objectives (Cont.) 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 the road and drill site are constructed, drilling can commence. The drilling of each well wilt 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 rack. A small amount of sand is mixed with the water to hold the fracture open once the procedure is complete. 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 1.4 acres to be constructed by the operator, with water purchased from the City or welt 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. Produced water 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 (1-112) times the capacity of the largest tank. Drip pots will be located at pump out connections to contain the liquids from the storage tank. Ths 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 an applicable federal state or local law wilt 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 at 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. Exhibit C -Statement of Planning Objectives (Cont.) DRAINAGE Well-heads, meters, storage tanks, separation facilities, ar other post drilling and completion permanent above ground facilities will be located on a drill site that is graded in such a manner to be elevated above the 900-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 alt state and federal environmental regulations and will not adversely affect the flaodplain, drainage patterns, or water quality. Damage to public thoroughfares adjacent to this tease area directly caused by the proposed gas development will be restored to city standards, as applicable, as each well is completed. Any damage that poses a safety hazard will be repaired immediately. Any substantial accumulations of dirt, dust, or other debris deposited on public thoroughfares by gas development will be removed. Dust, if significant, will be suppressed by using water ar other dust suppressants. Drilling and production opera#ions shall be conducted in a manner to minimize noise levels. Noise firorn drilling, completion and rework operations are limited in time from a few days to a few weeks. Noise from drilling activities wilt 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 paint 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 Per City ordinance, the equipment. on the operation site will be screened from public view by a combination of screening shrubs that will be installed completely around the well site and the required screen fence. Irrigation will be installed as necessary. All plant material will be kept in an attractive state and in goad condition. Exhibit C -Statement of Planning Objectives (Cont.) DEVELOPMENT SCHEDULE Titan Operating anticipates the initial construction on the TGC pad site to begin the 4~' 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 approximate}y 14 wells off the site over the next 5 to 7 years. ECONOMIC DEVELOPMENT INFORMATION Titan Operating has spent approximately $108,300,000 in lease bonus dollars in the City of Colleyvlle to date. Titan has also donated approximately $300,000 to local charities. Titan estimates that a typical well drilled off the pad site will generate approximately $230,000 per well in ad valorem taxes far the city over a 15 year period. Exhibit D -Site Plan A ~` ~ g ~ y ~~ ~ ~ ux r y 6 ~/ ~ zr~ ~G71 a C ~' ~t ~_~ ° y~7. ~~ ~~ ~f~ ~. , .; _~.- t ~ .. __ . ~~ r ;~~ i ~ ' ~ ....~...........„_. $~j ~ •Q~/~.~ -: ~ ~ ... :~ ~ ~ fs ., ~ z~~ E ~~i. r 1- ~Y ~ O,.t ,.. ....._. ;= p7~a Nnr tr.v,v3'.d~ _. _.. , ~1 i i" ~ ._ ~, i . _... V r _~.._.. ......,.~..._.. _._ _ ,. '~... F of ~Y F } ~ n `,~~ "' 1 ~. ~~ ~ ! 1 _ ' ~~ ~ , i ~~ "~-~1 ~ " ~ '~!~ - ~,~ r ~ d~ f ,..... ~ ~ ~ ~ .- i . ~-„• A ~ y15 .• w •1 ' ~. y ~ r~l f .` ~ y r , ~ ~ w. •~ ~,- 3 - • '~~;• "`~;~'. ~. F d ~ -~i ~~ ._r~` . ~R ~ ~` ~--~~ ~ ~' ~~; ~ ,. .._ ..~.........~- i 1-~ ~~ ......... .y; +. Exhibit E -Site Plan B ~~ ` }} ,, o ~ _ W~ tt+ s .~ ) ~ r ~ . ~^~' ~~ W U ~ ~ - . 4 d ~ dd ~ ~ i s~zlG ~ ~ ~ ~ r ~ :_ f . ~ ~ ~ ~ 'j' ~i~ 13 t (u i I .s. ~ ~ E~'~". s,~ag T ~~ f ~~ d ~ f _ k x br ~3 r tl~ 7 ~' t OYCL NC"M A'fµLYtV ~y ..; '~~ i ~-I fir. R _, ~ .~ ....... ... ...._.._. _.L.. i ~ ~ ;~~ t i ~~ , • ~u~ ~ ~ l ~. ~ q~. , ~ ~ I ~. ~ ~ . s, ~ ~. ~~ i~ ~ 1 ? ! ~ {( - [ ' gx ~ f i ~ ~ ! ~ ~ 7a? ° ~ ! y ~~ _~ i ;~ ~ I ! ~ t ~~ ,~ f i ` ` ~. # ~- ~ ~ 3 ~ __. ~ ~ ~ '~ i r "~ ~ yet ~ ~~- ~ p FFF ~ , ~ • ,S N .~LS~: ~ t ; ~ ~ _ t ~ . ~ m ~ i r. ~ ~s ~ t i.! : s:~ 1 S.+ _~~ ., x ji . . ~ ~ / y-^"'~ ~~ _ , 7 ~'. ~~: -. t . ~ ~ '~ ~ ~ x.. ~ ~ ` . ~~ ~ ~ Grp F ! _ ~ ~ _ _,. ti _ 1 ~ r .. _- ` I , ,, ± , . .. ,., ~ r. ~, 7 ~ .... . . . . t t #~ T Y E¢ A Q `~ ~ r . ` 1 .. ~' ~ k ., . ,, s . Exhibit F -Landscape Plan Yom. ~ ~ ( I ~ e~ _6 ~1 z~ t i y ~ ~ i t ~ { W. F p ~ b .. it ~ W~ a k i'.? ellY p ,~1, ~__ ? I ~ M1 ~ n F f Z ~ 3 ~_-. ~ f l ~ 5 ~ ~ k ~ r ~{ ¢ ~ i ~ ~ z ~ ~ : ~~ 7~ i F ~ ~~ ~ '~ . y » " ~ ~i ~ , s t ~~ ~ l ~ r I ~ ~ 1 l~ * 3 L A i 1 t I t9 L_ ;i a ._.. ,- j 4 ~, 8 u ~ ..~ ,' .w ~~. Y ~.* ~ w.. _ _.- .~.~._ _ ri . .; i 1 ro ~ I~ ~~ ~ ~ - r ~ n ~ ~ t R E g~ 7 i t ff ! - .. - ~- q ! I ~. - r " i ~ o = U x ~ ~s i ~ ~ f , s ,....~ . 4.. 1 i C } t ,~ ,_ 6 ~ t I ~ ~ t_" ~ ' z r ~^ s t ~ ' ~~ ` C I- I ~ {~ , y ~.1 t:~ . ~ } ~ `. •~ ~ i ' ! .. ._._... _ __ ~ d ~ ' ~ ,. ~ i Exhibit G -Grading and Erosion Control Plan ~. _ ~ /L1~.~ ~ f~~~ ~` tt ~' F 23 ~ c i i~i ~ ~_ ~ W ~ ~. _; ~ f~h(~~r~~~ r ~t v~ W~ ~ f 2~~ ~ ~' ~ YA. ~ $~jY 5 3(.I ~ ~ W ~ .~ d ~ .. ~/J "'~L ~?~ Z ,.- _ _ ~ 1 ~ -~ , i l-a ,t ..~ t i ~ J ~ ~ _• _ U_ Q ~~ (d~ t "~ y~~ W WY LL y G F t" 3~'j4 (y~~~r r ~ Q' i 3. .,,~ ~y'1L i r ~ V~ Rr xr ~$~ r~~ia '~ 1-b~' __ .r..~. ... .. .. !I Wr ` ~~ M ~. 7.. i ~ ~) ___.:-' i ~ ~W ~ ~~~~ __~_. j I 7W ~i RW ~~ i J~ s ~g ~w a ' ~ t - -i--- ~ _ w z~ t ~, i ~~ - ~ , . ~ ~g _ - ,~ .. a ~ 1 I ~' ;, ~ ~, - u~ ~ ~' ' 3 ~ r ,. i' t ,, ,~ ,. 1 1 ., i ~ ~ ' j ; i ~ ~ I . ~ `- __, ~ ~; .. ~ '- i ~~ - , ,~ ~ ~ .~., __. _ _. I `. ~, i - -~ ~ ~ - :_. P' r r. li ~ ~ ~~`~ ~~ ~ I i w ~;~ a, } ~~ ~ ~ T F . xa ~t rk~ra92 I S- . .~ Zw ~ } +v °iF` t` _ ~ ~ fi ~~`,tii~ _ .'.. ~~ ~' it '~, '> 1 ~ ~ ,,~;_,~ 1 F.` 7 t~~ ' w. _ _- t ~ ~ kl Exhibit H -Emission Control Plan BREITLING CONSULTING, LLC ICI COOPERATIO\ ~~'ITH PELOTO'ti LA'~1D SOLl1T10'~S. LLLP EMISSION REDUCTION / CONTROL PLAN TCC WELL PAD COLLEYVILLE, TARRANT C(~LINTY, TEAS PREPARED FOR: TITAN OPERATING, LLC. iit W. #TH STREET, SLiITE 300 FORT ~M1'ORTI-I, TEXAS 76102-3951 9/29/2010 P.O. BOX 969 BURLESON. TEX:~S 76097 ~ SI7-680-0956 •11'~~`11':SREITLI~GCO'~SULTING.CO~I Exhibit H -Emission Control Plan (Cont.) Facrlttrl Trinity C".hristian Center {TCC) 41'ell Pad Colley-~rille, Tarrant County, Texas Operator Titan Operatilg, LLC. (Titan) 111 VV. 4th Street, Suite 300 Fort V~'orth, Texas 76102-3951 Fell #1-H - 3H Latitude: 32.916991 Longitude: -97.1600(19 Prorltteticrn Pltase Equi~rrrrer:t - asstnnirr~ 3 wells 6 Produced Zh'ater Tanks-250 bbl capacit}' 1 Mobile Frac Tank 500 bbl capacity 3 Horizontal Separators 1.0 Best Management Practices Emissions sources at the TCC 4~'ell Pad include the equipment listed i1 Secrort T.0 as well as fiigitive components. The follo~>itg Best Ivianagement Practices (BMPs) will be inplemented in order to m~nim;~e emissions to a level that is technically feasible and economically reasonable. Every practical effort gill be made to monitor equipment far leaks, implement reliable pollution prevention work practices, and reduce emissions. Operations ^ t~perate all equipment with the potential to emit air contaminants at least 50 feet from the nearest property line ar the nearest receptor (whichever is closer), excluding any valve that is used far isolation and or safety purposes. ^ Each open-ended valve or line drill be equipped with a cap, blind. flange, plug, or a second valve to seal the line so that no leakage of emissions occurs unless othercwise required to maintain safe operations in a vessel or lripeline. ^ Tank hatches, not desired to be completely sealed, tivill remain closed (but not completely sealed ii Dreier to maintail safe design functionality) except for sampling or planned maintenance activities. ^ The site ~n>ill be visited aail}- by operations personnel who will conduct visual equipment checks. • The site will be equipped with a remotely monitored alarm system tl~~t brill automaticall}' shutdown key egtuprnent if significant leaky or operational problems OC Cllr. • All equipment with the potential to emit air contamin~ults xrill be maintained in good Fvorking order and operated properly. ^ All seals and gaskets l~,=ill be installed, checked, and properly nv;intaineci to prevent leaking. Maintenance BREITLI\G CO\SI.ILT1tiG, LLC TCC ti\`ELL P.~D Exhibit H -Emission Control Plan (Cont.) ^ A program to replace, repair, and/ar maintain equipment to keep them in goad working order will be established and maintained, including: (1) manufacturer's specifications and recommended programs applicable to equipment performance anc-i effect on emissions; (2} cleaning and inspection. of all equipment; and (3} replacement ~u1d repair of equlpnlent all schedules which prevent equipment failures and maintain perforrn~uue. ^ During plaruied dou=Ittirne of and= capture, recovery, or control device, gas streams thrill be redirected to another control ar recaven7 device. ^ Eves reasol~;ble effort m=ill be made to repair a leaking component. Initial action ~=ill be to isolate the leaking component and conduct the repair chrithin 48 hours. If the leaking component calutot be isolated or the repair calaltot be made ch=itlun 48 hours, then the well m=ill he shut in until repairs can be made. If the repair of a component would require a unit shutdown, chhich ~~=ould create more emissions than the repair would eliminate, the repair will be delayed until the next planned shutdoctim. ^ To the extent that goad engineering practices ch=ill permit, new and reworked valves Gutd piping connections will be located in a place that is reasonably accessible for leak checking during well operations. Voluntary Leak Detection and Repair (LDAR} Program ^ All fugitive components will be inspected by audio, c-isual, and olfactory (AV(M) observation, at intervals not exceeding l5 months, but at least ante each calendar y ear. Such inspections will ~clso include monitoring for leaking components using either (1} the EPA Test Method 21 using a portable analyzer set at 10,OU0 ppmv Leak detection limit ar {2} the Alternative 4~=ork Practice far monitoring equipment for leaks found uz ~0 CFR §f~U.18(g)-(i) using an optic~il gas imaging instrument with a detection sensitivity let=el of no greater than GO grams per hour. ^ D~unwtgecl or leaking valves, connectors, pumps, compressors, anti agitator seals found to be emitting Vt~s in excess of 10,Oa0 pplnv as determined using a portable analyzer, found by AVCt il~pectian to be leaking (e.g., dripping process fluids), or found leaking using the AZ~'I' will he tagged and replaced ar repaired. ,,, City of Colleyville 100 Mltain Street ~ L Colleyville, Texas 76034 ~'~~~" Agenda Briefing 817. so3.lo00 www.colleyville.com File Number: File Type: Case Status: Commission Tabled Items Version: 1 Requester: Community Development Department Agenda Date: 10/11/2010 Agenda No.: 8a Controlling Body: Planning and Zoning Commission Final Action: File Name: Approval of a request for a Package Store on Lot 1 R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC10-024 Attachments: Location and Zoning Map Notification List Letters of Opposition Letters of Opposition to Package Stores in General Letters of Support for Package Stores in General Statement of Planning Objectives Economic Development Information Front Elevations • Site Plan Floor Plan Parking and Site Plan Exhibit Sign Details Information Received Regarding Existing Sign Draft Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 09/27/2010 Planning and Zoning Commission 1 10/11/2010 Planning and Zoning Commission Title Approval of a request for a Package Store on Lot 1 R1, Block 2, of the Village Park Addition located at 4701 Colleyville Boulevard, Case ZC10-024 Explanation Update The Planning and Zoning Commission tabled this request at the September 27, 2010 meeting to allow the applicant an opportunity to submit plans for upgrading existing signage, landscaping and building design to current code requirements. The applicant has submitted information regarding the existing sign and states that they have no control over the rights of that existing sign. The correspondence has been attached to this briefing. The applicant has submitted a revised front elevation that includes planter boxes for the proposed package store portion of the building only. The revised front elevation has been attached to this briefing. The elevations meet the minimum design score of 25. City of Colleyville Page 1 Printed on 10/8/2010 Agenda Briefing Continued Monica Lally has submitted a request for a Special Use Permit (SUP) in order to operate a package store called "Goody Goody Liquor" at 4701 Colleyville Boulevard. The proposed package store will encompass 28,560 square feet of the 88,029 square foot shopping center located on the subject property. The subject property is one of four properties containing a large, contiguous multi-tenant retail shopping center, called Village Park, that encompasses a total of 191,237 square feet. Existing Zoning and Development Conditions. The property is zoned CC2-Shopping Center district and is platted. Package stores are allowed in the CC2-Shopping Center zoning district with the approval of an SUP. The shopping center on the subject property currently contains an ACE Hardware and the Vineyard Antique Mall. Staff Review and Analysis. Staff analysis of this request is written as if the proposed request is a new development on an undeveloped site. Therefore, any request by the applicant that does not meet current Land Development Code requirements is noted below along with recommended remediation. Site Plan, Landscaping and Parking. The site plan submitted by the applicant shows the proposed liquor store to be a 28,560 square foot interior finish-out within the main building and also shows proposed parking. No landscape plan was provided by the applicant. Parking The Land Development Code requires one (1) parking space per 200 square feet of gross floor area for general retail uses such as convenience stores and package stores. Based on this requirement, the applicant is required to provide a minimum of 143 parking spaces. There are currently 424 parking spaces located on the subject property. Landscaping The subject property currently does not meet the landscaping requirements of Chapter 4-Landscaping and Buffering in the Land Development Code. Although there are a sufficient number of trees (13) planted within the street yard, the parking lot does not meet the minimum landscaping requirements and there are not enough shrubs planted within the street yard. Parking lots are required to contain a minimum of 140 square feet of landscaped island per each 18 contiguous parking spaces with the island required to have one (1) three (3) inch caliper tree planted. The parking lot currently contains no landscaping. No landscape plan was submitted by the applicant. Staff recommends that the subject property meet the minimum requirements of Chapter 4-Landscaping and Buffering prior to the issuance of the certificate of occupancy. This provision has been added to the draft ordinance. Dumpster Locations The site plan does not indicate proposed dumpster locations. The subject property contains no screened dumpster areas. Staff recommends that all dumpsters be screened per the requirements of the Land Development Code. This provision has been added to the draft ordinance. Access and Traffic Generation. City of Colleyville Page 2 Printed on 10/8/2010 Agenda Briefing Continued -~ Access The site contains multiple driveway approaches and points of ingress and egress from SH26, Centerpark Drive and adjacent properties. The police department has identified no major public safety concerns with this application. Currently, there are ten entrances/exits into this parking lot off of Glade Road, Colleyville Boulevard, and Centerpark Drive, which provide adequate ingress and egress and sufficient parking. There is access to the back of this retail space off of Glade Creek Drive and consideration should be given to possibly screening this open access from the school and other businesses located on the adjoining properties. The police department is not aware of substantial amounts of traffic behind this retail space most likely due to all the customer entrances, parking, and numerous points of ingress located on the front (west) side of the building. The police department has not experienced any notable crime problems at the back of this building. Traffic Generation The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. There is no category for package stores in the publication. For previous package store cases, staff has estimated traffic generation based on convenience stores with gasoline sales. Given the size of the proposed package store, staff has calculated two separate trip generation numbers: (1) Based on the calculation of a convenience store with gasoline sales, 28,560 square feet of gross floor area is expected to generate 2,420 trips per day, on average. (2) Based on the calculation of a shopping center, 28,560 square feet of gross floor area is expected to generate 1,428 trips per day, on average. Although the trip generation number is high, staff does not recommend a TIA be performed as a condition of this request based on the following observations: (1) There is optimal internal circulation on the site and the site was developed to handle the high amount of traffic generated by intense retail uses given the multiple points of ingress and egress. Hours of Operation. The Texas Alcoholic Beverage Code (TABC) mandates that all package stores cannot sell, offer for sale, or deliver any liquor on: New Year's Day, Thanksgiving Day, or Christmas Day; on Sunday; or before 10 a.m. or after 9 p.m. on any other day. When Christmas Day or New Year's Day falls on a Sunday, the store must be closed the following Monday. Building Design. According to Chapter 6-Building Design in the Land Development Code, commercial buildings located in the CC2-Shopping Center zoning district require a minimum design score of 25. The applicant has provided building elevations showing improvements City of Colleyvil/e Page 3 Printed on 10/8/2010 Agenda Briefin_4 Continued to the facade. However, these improvements apply only to the proposed business and not the other existing business store fronts. The subject building, as it is proposed, contains a design score of 18. The entire building, as it currently exists, contains a design score of 17. Staff recommends that the entire building meet the minimum design score of 25 prior to the issuance of the certificate of occupancy. This provision has been added to the draft ordinance. Si_gna_ge. Per the attached exhibits, the applicant proposes to add a wall sign to the building facade and a monument sign along SH26. The proposed business name is "Goody Goody Liquor". The primary lettering on wall sign on the facade appears to exceed 12 inches in height, which violates the provisions of Section 108.52 referenced below. Staff recommends the following with regard to any signage: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance. Staff also recommends that upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. The sign provisions noted above have been added to the draft ordinance. Store Layout and Crime Prevention. The applicant has submitted a floor plan detailing the proposed location of all items to be sold, check-out points and security cameras. In terms of crime prevention, staff recommends that all package stores be required to comply with the Crime Prevention Recommendations for Convenience Stores and Package Stores. This document has been added to the draft ordinance as an exhibit. Proximity Information. The following measurements detail the proximity of the proposed package store to the uses listed below as well as other package store applications on file. All measurements are calculated based on a straight line drawn from the closest point of the subject property line to the closest point of the property line of the closest use or package store application in Colleyville only: Distance to closest residence: 60 feet Distance to closest school: 25 feet* Distance to closest church: 2,454 feet Distance to closest day care: 25 feet School Distance Measurements and Findings. Section Six-Alcoholic Beverage Regulations of the Code of Ordinances requires a minimum distance of 300 feet from any establishment that sells alcoholic beverages and a church, school or hospital. The measurement distance must be calculated from closest front door to closest front door for churches and hospitals and from closest property line to closest property line for schools. City of Colleyville Page 4 Printed on 10/8/2010 Agenda Briefing Continued There is a private school located behind the subject property called the "Colleyville Montessori School". According to correspondence received from the church, the school has 110 students in grades kindergarten and up as of May, 2010. The school is allowed to operate under Ordinance 0-98-1138, which allows a Special Use Permit for a private school on the property. The Texas Alcoholic Beverage Code contains an exception that effectively exempts package stores from meeting the minimum distance separation requirements for private schools only. Section 109.33(h) of the Alcoholic Beverage Code states: "[The distance separation requirements for private schools do not apply]....to the holder of: a license or permit covering a premise where minors are prohibited from entering under Section 109.53 and that is located within 300 feet of a private school." This includes a package store. Distance from other active package store requests: 4200 Glade Road -Approved 62 Main Street -Approved 7101 Colleyville Boulevard -Pending 7171 Colleyville Boulevard -Pending 7990 Precinct Line Road -Pending 1101 Cheek Sparger 5232 Colleyville Boulevard 3.2 miles 2,500 feet 2.6 miles 2.7 miles 1.8 miles 0.7 miles 2,778 feet Surrounding Properties. The adjacent property to the north is zoned CC2-Shopping Center district and developed as a portion of the Village Park Shopping Center. The adjacent property to the south is zoned PUDR-Planned Unit Development Residential and is developed as single family detached residential. The adjacent property on the east is zoned CC2-Shopping Center district and is currently developed as offices and a private school. Properties to the west are zoned CC2-Shopping Center district and developed as retail uses. Master Plan. The Colleyville Master Plan designates this property for future retail uses. The use of the property as a package store complies with the plan with the approval of a Special Use Permit. Public Notification. Staff notified 69 property owners within 500 feet of the subject property regarding this request Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received six letters of opposition regarding this request; 59 letters of opposition to package stores in general and three letters of support to package stores in general. Staff Analysis and Summary of Recommendations. Staff has written the draft ordinance such that it contains all recommendations specified in the briefing. The following is a summary of staff recommendations: City of Colleyville Page 5 Printed on 10/8/2010 Benda Briefing Continued - All landscaping shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code - The building shall meet the minimum design score of 25 as required by Chapter 6-Building Design in the Land Development Code - All signs shall meet the following conditions: (1) all signage, at a minimum, shall meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) that there be language in the draft ordinance adopting Section 108.52 of the Texas Alcoholic Beverage Code by reference; thereby enabling the City to enforce the state sign provisions in addition to any enforcement by state inspectors further ensuring compliance; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within 30 days of abandonment. - All dumpsters shall be screened per the requirements of the Land Development Code. - All package stores shall be required to comply with the attached Crime Prevention Recommendations for Package Stores and Convenience Stores. This document has been added to the draft ordinance as an exhibit. The following is an analysis of the request, as submitted by the applicant, in terms of compliance with current Land Development Code and Code of Ordinance requirements as specified below: Complies with parking regulations? Yes Complies with landscaping regulations? No Complies with sign regulations? No Complies with minimum building design score? No Complies with outdoor storage restrictions? Yes Traffic Impact Analysis required? No Proposed Use is over 300 feet from church, school & hospital? Yes* * See explanation above Recommended Actions The Planning and Zoning Commission has the following options regarding action on this item: 1. Approve the request as submitted (with listed conditions in the draft ordinance); 2. Approve the request with additional condition(s); 3. Table the agenda item to a specific date with clarification of intent and purpose; 4. Deny the request. City of Colleyville Page 6 Printed on 10/8/2010 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Worthington National Bank 200 W Main St Arlington TX 76010 004814 Colleyville Blvd Cambrid a Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000601 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000605 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Carrollton TX 75006 000808 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Ste 300 Carrollton TX 75006 000613 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Ste 300 Carrollton TX 75006 000604 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Ste 300 Carrollton TX 75006 000833 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000617 Creekview Ln Cambridge Homes Inc 2828 E Trin Mls Rd Carrollton TX 75006 000621 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000825 Creekview Ln Cambrid a Homes Inc 2828 E Trin Mls Rd Ste 300 Carrollton TX 75006 000801 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000805 Creekview Ln Cambridge Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000821 Creekview Ln Cambrid a Homes Inc 2828 E Trinty Mls Rd Ste 300 Carrollton TX 75006 000813 Creekview Ln Cambrid a Homes Inc 2828 E Trinty Mls Rd Carrollton TX 75006 000701 Creekview Ln Wilson, Mark D & John B Blick 701 Glade Rd Colleyville TX 76034 000701 Glade Rd Pritchett, Ronald Etux Lisa T 6903 Shepherds Gln Colle ville TX 76034 004800 Colle ville Blvd Hawkins, Chris Etux Patricia PO Box 235 Colleyville TX 76034 004944 Lakewood Dr Moseley, Joseph A 4808 Lakeshore Ct Colleyville TX 76034 004808 Lakeshore Ct Miller, Harry M Etux Belinda 4805 Lakeshore Ct Colle ville TX 76034 004805 Lakeshore Ct Singleton, Robert H 4804 Lakeshore Ct Colleyville TX 76034 004804 Lakeshore Ct Jackson, Sharon R 4801 Lakeshore Ct Colleyville TX 76034 004801 Lakeshore Ct Kwik Kar Of Colle ville Tx Llc 4616 Coll ville Blvd Colle ville TX 76034 004616 Colle ville Blvd Rhodes, Dee Ann Etvir Joe 4712 Lakeshore Ct Colleyville TX 76034 004712 Lakeshore Ct Stiffs, Andrea A 4713 Lakeshore Ct Colleyville TX 76034 004713 Lakeshore Ct Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 000714 Centerpark Schwab Group Llc 714 Centerpark Dr Ste 100 Colleyville TX 76034 000714 Centerpark Talkington, Ma Alice 4708 Lakeshore Ct Colle ville TX 76034 004708 Lakeshore Ct Tlh Real Investments Ltd 4512 Dartmoore Ln Colle ville TX 76034 004607 Colle ville Blvd Alavi, Kambiz Etux Homa 5405 Willow Ln Colleyville TX 76034 004709 Lakeshore Ct Betty B Pannell Rev Liv Tr 714 Centerpark Dr Ste 140 Colleyville TX 76034 000710 Centerpark Wren, Donald C Etux Barbara 4704 Lakeshore Ct Colleyville TX 76034 004704 Lakeshore Ct Computer Supplies Lp 714 Centerpark Dr Ste 140 Colleyville TX 76034 000710 Centerpark Computer Supplies Lp 714 Centerpark Dr Ste 140 Colle ville TX 76034 000710 Center ark Benton, Richard B Etux Susan N 4705 Lakeshore Ct Colle ville TX 76034 004705 Lakeshore Ct Sawyer, Matthew Etux Christi 4700 Lakeshore Ct Colle ville TX 76034 004700 Lakeshore Ct Sharp, Per L Etux Lori A 812 Creekview Ln Colleyville TX 76034 000812 Creekview Ln Fick, Gary Etux Rebecca Cast 804 Creekview Ln Colleyville TX 76034 000804 Creekview Ln Mirzadeh, Marzia 4608 Clearwater Ct Colleyville TX 76034 004608 Clearwater Ct Donato, Mario Jr Etux Melissa 4612 Clearwater Ct Colle ville TX 76034 004612 Clearwater Ct Johnson, Yvonne F 608 Creekview Ln Colle ville TX 76034 000608 Creekview Ln Fiscal Fitness Center Llc 4603 Coll ville Blvd Ste 140 Colleyville TX 76034 004603 Colleyville Blvd # 140 Dehart, Doris 737 Creekview Ln Colleyville TX 76034 000737 Creekview Ln Sortie, Victor A Etux Linda 729 Creekview Ln Colleyville TX 76034 000729 Creekview Ln Pettit, Lois Jeannean 625 Creekview Ln Colleyville TX 76034 000625 Creekview Ln Crum ter, John K Etux Kandis L 725 Creekview Ln Colle ville TX 76034 000725 Creekview Ln Owen, Geoffre R Etux Helen M 809 Creekview Ln Colle ville TX 76034 000809 Creekview Ln Gra , James C Etux Frances A 624 Creekview Ln Colleyville TX 76034 000624 Creekview Ln Ross, Peter M Etux Mickey K 721 Creekview Ln Colleyville TX 76034 000721 Creekview Ln Wilson, Edwin E 817 Creekview Ln Colleyville TX 76034 000817 Creekview Ln Curtis, Eleanor K Tr 629 Creekview Ln Colle ville TX 76034 000629 Creekview Ln Chandler, Raman PO Box 611 Colle ville TX 76034 004571 Colle ville Blvd Winstead, Debra A 717 Creekview Ln Colle ville TX 76034 000717 Creekview Ln Hardin, Marian M 713 Creekview Ln Colleyville TX 76034 000713 Creekview Ln Yellock, Johnnie Etux Rea an 709 Creekview Ln Colle ville TX 76034 000709 Creekview Ln Drennan, Bill Etux Frances 705 Creekview Ln Colleyville TX 76034 000705 Creekview Ln Lee, Moon D Etux Youn Sun Lee 628 Creekview Ln Colle ville TX 76034 000628 Creekview Ln Colle ville Consolidated Group 829 Dalmalle Ln Co ell TX 75019 004801 Colle ville Blvd Wells Far o Bank Na 700 N Pearl St Ste 2200 Dallas TX 75201 004843 Colle ille Blvd Fonberg, Peter D 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 004718 Colleyville Blvd Fonber ,Mitchell Etal 5452 Glen Lakes Dr Ste 203 Dallas TX 75231 004714 Colleyville Blvd Wells Far o Bank Na 700 N Pearl St Ste 2200 Dallas TX 75201 004717 Colle ville Blvd Colle ville 26 Crossin Ltd 8235 Dou las Ave Ste 950 Dallas TX 75225 004701 Colle ville Blvd Wells Far o Bank Na 700 N Pearl St Ste 2200 Dallas TX 75201 004709 Colle ille Blvd Dasta Inc 13733 Omega Rd Dallas TX 75244 004620 Colle ville Blvd Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 000609 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 000600 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 000800 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 000633 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 000724 Creekview Ln Arcadia Land Partners 30 Ltd 3500 Maple Ave Ste 1165 Dallas TX 75219 000829 Creekview Ln Hoa Of Cambrid a Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 000726 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 000610 Creekview Ln Hoa Of Cambridge Place Inc 3500 Maple Ave Ste 1165 Dallas TX 75219 000633 Creekview Ln Real Income Texas Pro L PO Box 460069 Escondido CA 92046 004700 Glade Creek Dr Hoa -Lakewood Estates 6707 Brentwood Str Rd #110 Fort Worth TX 76034 004922 Lakewood Dr Davis, Ken 309 W 7Th St Ste 800 Fort Worth TX 76102 000601 Glade Rd Davis, Ken PO Box 999 Fort Worth TX 76101 004708 Colleyville Blvd Daunis, Walter F & Letaine 8900 Crest Wood Dr Fort Worth TX 76179 004609 Colleyville Blvd Grapevine Colle ville ISD 3051 Ira E Woods Ave Grapevine TX 76051 000601 Glade Rd Ervin, Richard L Etux Terri 1155 W Wall St Ste 101 Grapevine TX 76051 004700 Colle ville Blvd Grapevine-Colleyville ISD 3051 Ira E Woods Ave Grapevine TX 76051 000601 Glade Rd Buttrill, Robert Etux Linda 118 Rock N Rob n Horseshoe Ba TX 78657 000733 Creekview Ln Krivsky-Bartusiak Inc 3220 Clear Fork Dr Hurst TX 76054 004701 Bransford Rd Trow, Bradley M PO Box 1201 Hurst TX 76053 004605 Colle ville Blvd Blockbuster Investment Ltd 2317 Clearview Ct Lewisville TX 75057 004608 Colleyville Blvd Colle ville Center ark Assoc 9285 Huntinton Sq Ste 105 North Richland TX 76182 000710 Centerpark Aswad Wealth Advisors Llc 6620 Cedar Grove Dr North Richland TX 76182 000714 Centerpark Colleyville Blvd Condo Assoc 9285 Huntington Sq Ste 105 North Richland TX 76182 004603 Colleyville Blvd Usrp Fundin 2001-A Lp PO Box 1671 Orlando FL 32802 004725 Colle ville Blvd Me'ia, Eduardo Etux Maria Silv 247 S Maple Glade Cir Sprin TX 77382 004800 Lakeshore Ct Monica Lall ,applicant P.O. Box 720189 Dallas TX 75372 a licant Public hearing notices were mailed by Amy Shelley on Monday, Aug. 30, 2010 Letters of Opposition w._ _~ _.._ ~__~.~~ .. _ _~ .~ ___ _.~~ ... From: Rick Townsend Sent: Tuesday, August 17, 2010 12:27 PM To: )on Ayers; Michael Muhm; Jennifer Fadden; Tom Hart; Carol Wotlin; Stan Hafl; Mike Taylor Subject: Opposition to Liquor Store Fast Track To Colleyville Council Members: The information below is very disturbing. While we can't undo the election, we can control its effects through minimizing the approval of businesses who desire to flood our community and make us the Liquor capital of North Texas! Please do what you can to disapprove as many of these as possible implement a cohesive zoning plan, and slow the process, ESPECIALLY for the venues close to FBC and the one replacing the Antique Mall and Ace Hardware. "i'hanks, Rick & Gail Rick & Gail Townsend 6612 Emerald Drive Colleyville, TX 76034 Home: 817-416-5433 Cell: 817-501-7767 Key Council Options: 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordnance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. P8cZ has approved the first four applicants for a liquor permit. Three are expected receive a final vote at the council's Aug. 17 meeting. It is not too late. Planning and Zoning has approved these, but City Council has to approve them too. Some of the proposed Locations in the city of Colleyville: 1. Fossil Creek Liquor - 1212 W. Murphy Rd. (by Precinct, close to NRH) 2. Goody Goody Liquor - 4701 Colleyville Blvd. (in place of Vineyard's Antique Mall and WestlakeAce Hardware) 3. Majestic - 4843 Colleyville Blvd. (in place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) 4. Randy Johnson - 7101 Colleyville Blvd. (4,000 sq ft empty car wash at John McCain) 5. Charlie Hall - 121 and Glade (Half's Grocery) 6. Sudhir Sakaria - 3809 Colleyville Blvd. (26 close to Cheeksparger in Joe's Pasta & Pizza parking lot) 7. Siegl's Fine Wine & Spirits- 5232 Colleyville Blvd. (entire 1st floor, 12,000 sq ft, of 3 story new apartment bldg. Next to First Baptist Colleyville) 8. Possibly the Mobil Station at Colleyville Blvd./Brown Trail 9. A liquor 'boutique' on Colleyville Blvd behind Ross Downs. From: Sent: Tuesday, August 17, 2010 8:17 PM To: Cynthia Singleton Subject: liquor stores in Colleyville Dear Cynthia, I understand there are about to be some changes in our city that have me concerned. 1 know the citizens of Colleyville voted to allow liquor to be sold in the City and that the city could use the extra tax revenue. However I'm concerned that there may be a lack of thought as to how many of these types of businesses a city the size of Colleyville really needs. I think 2 or maybe 3 stores selling liquor in a family oriented community like Colleyville is plenty. I've lived other places that had too many of these type stores and when our daughter was born we moved to Colleyville to get away from those places... f hate to see Colleyville become what those places became. I have been told there are going to be two stores that sell liquor on the north end of Colleyville along HWY 26, I would hope that would be enough for this city but if the city chooses to grant another permit I would suggest it to be on the east side of town and not another on Hwy 26. I would hate to see the area of town where we live and do our shopping and where my daughter drives to school become a strip of liquor stores. I'm asking that you not grant a permit to sell liquor in either the old Albertsons shopping center or the new structure being finished next to the First Baptist Church. Please pass my concerns on to the mayor and the members of the city counsel. Thank you for your consideration and help with this matter, Gary D Baker 1203 Plantation Drive North Colleyville Tx, 76034 Amy Shelley Subject: FW: Liquor Stores within Colleyville Colleyville City Council City Manager 100 Main Street Colleyville, Texas 76034 809 Creekview Lane Colleyville Texas 76034-2847 USA Tel: home (817) 281-0927 Cell (817) 454-5414 E-mail: September 19s', 2010 Dear Jennifer Fadden, ZC10-024 Lot 1 R1. Block 2 Village Park Addition Special Use Permit for a Package (Liquor) Store We are writing to oppose the package (liquor) store at the above location, and all other locations within Colleyville. We live within 500 feet of the above location, but my concern is for the entire city of Colleyville. We moved from Southlake one year ago, because Colleyville offers a superior environment. It provides premier neighborhoods, but with a more friendly and quieter atmosphere than Southlake. However, with the introduction of liquor stores, the advantages of living in Colleyville will be destroyed! The nearest liquor store that we are aware of is 11 miles away -Majestic Liquor on Airport Freeway in Fort Worth. It is in a slum neighborhood. A policeman is posted inside the store during the busy hours. The police patrol the store to deter crime and theft. Iron bars are at all the windows and doors. Da you really want Colleyville to be like this? If you do, the two new beautiful "Colleyville" stone signs on the north and south side of Colleyville Blvd. should be changed to "Liquorville" or "Slumville". We have a beautiful city, and we really enjoy living here. Please don't destroy it with Liquor stores, Yours sincerely, Geoffrey R. Owen & Helen M. Owen Date: Colleyville City Council Attention: Community Development Director 100 Main Street Colleyville, Texas 76034 Re: Toning Case Number AC 10-024 Package Liquor Store Application for: 4701 Colleyville Blvd. {C)ld Albertson's Shopping Center-Vineyard`s Antique Ma1UAce Hardware address) Community Development Director: I am a property owner living within ~ s eet of the referenced property/proposed package liquor store. Please accept this letter as written: opposition to a package liquor store at this location. I would like to farce a super majority vote by City Council for this proposal. Thank vn~i ~ ~ i ~.. ~r~ t+ t E f I f_~ lCr~~' Colleyville City Council 809 Creekview Lane Community Development Director Colleyville 100 Wain Street Texas 76034-2847 Colleyville, Texas 76034 Tel: Home (817} 281-0927 Cell (817) 454-5414 E-mail: lea r~vQuven~lto_n. September 19~", 2010 Dear Ron Ruthven, We are writing to oppose the package (liquor) store at the above location, and all other locations within Colleyville. We Gve within 500 feet of the above location, but our concern is for the entire city of Colleyville. We moved from Southlake one year ago, because Colleyville offers a superior environment. It provides premier neighborhoods, but with a more friendly and quieter atmosphere than Southlake. However, with the introduction of liquor stores, the advantages of living in Colleyville will be destroyed! The nearest liquor store that we are aware of is 11 miles away -Majestic Liquor on Airport. Freeway in Fort Worth.. It is in a slum neighborhood. A policeman is posted inside the store during. the busy hours. The police patrol the store to deter crime and theft. Iron bars are at all the windows and doors. Do you really want Colleyville to be tike this? If you do, the two new beautiful "Colleyville" stone signs on the north and south side of Colleyville Blvd. should' be changed to "Liquorville" or "Slumville". We have a beautiful city, and we really enjoy living here. Please don't destroy it with Liquor stores. Yours sincerely, N Geoffrey R. Owen 8 Helen M. Owen October 1, 2010 Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Sir or Madam: This letter is to inform you that I am opposed to the following zoning request. This zoning request is to allow a liquor store to be located in the Village Parlc Shopping center. Zoning Case Number: ZC10-024 Location: 4701 Colleyville Boulevard Sincerely, Si nature Date ~' ~ ~ ~~ Printed Name ~ ~- SG-~- ° ` ~~'~ Address ~ ~ ~ ©~ S ~~ ~ ~-- Ci ,State Zi Colle ille, Texas 76034 Letters of Opposition to Package Stores in General From: Sent: Tuesday, August 17, 2010 10:54 AM To: David Kelly; Jon Ayers; Carol Wollin; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Subject: Liquor Stores in Colleyville For the record... I am not in favor of any liquor stores in the city of CollFyville. I do not know anyone who is. I cannot believe you sit there and say you have Colleyville's best interest at heart and let this happen. This goes against every principle that makes our city attractive to the quality of residents we now have. This will be the worst thing that has ever happened to our city if you do not find a way to restrict these businesses. Hwy 26 is bad enough now without adding the drunk drivers this will bring. What is next, allowing multi-family housing and apartments? Why don't you try deceasing your expenditures for a change. I would suggest you begin by make cuts in unnecessary and overpriced city employee entitlements. I know more deserving members of the military that get much less from our government than what you extend to city employees. Would you THINK PLEASE! Regards Jennifer Fadden From: Elizabeth Russell _ Sent: Monday, August 16, 2010 11:29 AM To: Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Subject: Fwd: PLEASE VOTE NOON LIQUOR STORE PROPOSALS Dear City Council Members: As a seven-year resident of Colleyville, I am writing to implore you to say no to the newly proposed liquor stores for our city. Allowing liquor stores in Colleyville without diligent and appropriate oversight such as that outlined below will dramatically alter the family-friendly nature of our town which attracted our family here several years ago. If the recent proposals are implemented, the result will not just be an erosion of our small-town feel and our appeal to outside family-friendly businesses, but an erosion as well of the safety of our children and other residents. As proud residents of Colleyville, we were excited to see our home town's inclusion in the recent lists of best places to live -both locally and nationally. Allowing the proposed liquor store proposals to go forward is a sure way to knocking Colleyville off those lists and to driving future business elsewhere. Please, Mr. Mayor, say no to these proposals. Thank you for your long-time devotion to our city and to your attention to this email. Sincerely, Elizabeth Russell Yanowitch Please consider the following: 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. 2. Zoning requirements increased to AT LEAST 500 feet from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. An ordinance stating no liquor store could be closer than AT LEAST 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Jennifer Fadden From: Pravin Raj Sent: Monday, August 16, 2010 12:26 PM To: Jon Ayers; Carol Wollin; David Kelly; Michael Muhm; Stan Hall; Tom Hart;', Mike Taylor; Jennifer Fadden; Marty Wieder Subject: Liquor Stores in Colleyville Dear Mayor Kelly and City Council Members, As a Colleyville citizen since 1996, I'm writing to express my extreme displeasure with the current proposal to have 5-10 liquor stores in Colleyville. With a population of just 22,550, is there sufficient economic viability for such a large number of liquor stores? I support having a liquor store in our city...but not so many. Approving anything more than 1-2 stores is only going to lower the economic benefits to Colleyville while increasing the costs to policejcity. I think 2 liquor stores (at opposite ends of the city) would sufficiently meet market needs while positively adding to our tax rolls. I encourage you to issue a moratorium on ALL licenses/permits for liquor stores until there is a broader citizen discussion on the number of these types of businesses and guidelines on the location. Thanks Pravin Raj 7205 Thames Trl Colleyville, Texas 76034 cell: 817-875-6099 From: Michele Dacus Sent: Tuesday, August 17, 2010 5:57 PM To: Jennifer Fadden Subject: liquor stores Dear City Councilwoman, I understand, and appreciate, our city's need for incremental sales tax dollars; but, I am strongly opposed to this income being derived from multiple liquor stores. It's bad enough we have abandoned businesses up and down Nwy 26 and at some point -even had a business with a flashing "Psychic" sign. This community has always been family-centered. That's why people move here, pray here and attend school here. What will happen when the perception of that family environment is destroyed by liquor stores littering our community. Take the time to move prudently and imagine if your house!backed up to a 4,000 sq foot liquor store wanting to provide adrive-through service. I don't think you'd be a proponent then, would you? A Concerned Citizen and Parent of two children in The Cascades Michele Dacus From: To: Marty Wieder Subject: Liquor Stores in Colleyville Date: Tuesday, August 17, 2010 5:17:59 PM Dear Manager Weider, Please do NOT allow 8-10 liquor stores in Colleyville. As small as Colleyville is, we do not need more than 1 or 2! Thank you, Linda & Phil Radenbaugh, Ross Downs From: Sent: Tuesday, August 17, 2010 5:46 PM To: Jennifer Fadden Subject: Colleyville Liquor Stores Dear Councilwoman Fadden, Please consider very carefully before you allow 8-10 of these ligour stores to operate in Colleyviile. As small as Colleyville is, there's no need for that many. Please research the impact of these stores on other similar communities. Can't imagine a need for that many here. Thank you, Linda & Phil Radenbaugh Jennifer Fadden From: Michael T. Muhm Sent: Monday, August 16, 2010 8:11 AM To: Jennifer Fadden Subject: Fw: hard liquor sales Michael T. Muhm --~-Original Message ----- From: Mike Standish To: muhmm(c~ci.colfeyville.tx.us Sent: Sunday, August 15, 2010 10:42 PM Subject: hard liquor sales Hi Michael, I just got an email listing the locations being looked at for liquor sales in Colleyville. While I don't care if other people drink, the reality is that if these measures are adopted, you will have an increase in the traffic flow into Colleyville of people that have different standards of behavior than those Colleyville citizens/families that have made Colleyville special. This traffic flow will increase crime, decrease property values and make Colleyville a less desirable place to live and raise children as people that do not live here, come to buy here. That does not mean that everyone that drinks is a criminal, but statistically it is a fact that a substantially higher number of people purchasing hard liquor coming from outside Colleyville are more likely to be a problem for local police than the citizens of Colleyville. My wife looks weekly at the Colleyville paper to see the increase in small crime in our city. We moved here to raise our children in Colleyville, the small bedroom community. While it has grown as our children are growing, I don't think we need to compromise the environment our families are used to. I look to Southlake as the local city with the most consistently high standards of zoning, business types and a good example for Colleyville to follow. I do not see liquor stores anywhere at least that are visible. Let's keep Colleyville the special bedroom community where people raise children safely with little crime. Let's not create an invitation to people from outside Colleyville to come to our city to buy liquor in order to raise tax revenues. Thanks for listening. Mike Standish President Advanced-Online 750 Gateway Coppell, TX 75019 972-471-5400 www. adva nced-on I i ne. com Jennifer Fadden From: Michael T. Muhm Sent: Monday, August 16, 2010 8:13 AM To: ,lennifer Fadden Subject: Fw: Liquor Stores Michael T. Muhm ----- Original Message ---- ~rom;'Tlna Forslund To: dkell~colleyville.com ; jayersCa?colleyville.com ; cwollin(a7collevville.com ; mmuhmCc7colleyville.com ; shaliCcDcollewille.com ; thart(c'~collewille.com ; mtaylor(c~collevville.com Sent: Sunday, August 15, 2010 ~:5$ PM Subject: Liquor Stores Mayor and City Councilmen: I am writing to express my opposition to liquor stores in Colleyville & especially Hwy. 26. Colleyville has seen success to date because it is a safe, uncongested place to raise a family amongst good schools and good people. This has allowed the city to survive on strong properly values without excessive taxes. I am surprised that we are facing such a demise and inviting crime, traffic and suspicious persons to our city. If the tax revenue is what's driving this, please consider the following. The decline in residential property values, plus the increased cost for police & safety will offset the tax revenue. Smaller businesses around the liquor stores will likely close, which will further impact existing tax revenue. Who wants to be next to a liquor store -tattoo parlors, adult magazine stores...is this next? Or will the liquor stores open beer/wine stores next door so they can be open on Sunday and late hours, which is a common practice among large liquor stores. Also, consider the impact on Market Street and Trivoli Wines, as they will definitely loose some of their wine sales to the liquor stores. Please look at other areas that have allowed multiple liquor stores on one street, Northwest Highway, Harry Hines, Randoll Mill. Is this your view for 26? And don't forget how many kids cross 26 at Hall- Johnson on foot or bicycle after school each day. My recommendation is to table all the requests until a hard liquor ordinance can be drafted, separate from the beer/wine ordinance. Homes should be included with the protected sites, distances should be increased from the beer/wine ordinance and property lines (not doors) should be the basis for measurements. This new ordinance should have been a part of the petition to approve liquor. Compared to other cities that sell liquor, we have one of the least strict ordinances, and we're one of the smallest! Finally, if you have to give the 10% of Colleyville citizens that voted for liquor, a store, I suggest Halls. Because of its access to 121, it should have the least impact and bring the least traffic through our city. Whether we have one store or ten, the tax revenue will be about the same. More stores will not create more customers, but they will effect property values. Once we've lost Colleyville, we won't get it back. Thanks for your time. Tina Forslund Colieyville Citizen Jennifer Fadden From: Michael T. Muhm _ . _ _~....._.. _...__..., Sent: Monday, August 16, 2010 8:15 AM To: Jennifer Fadden Subject: Fw: Liquor Store Vote Michael T. Muhm -----Original Message ----- From:°Brant Atchley To: muhmmCc~ci.coHevviiie.tx.us Sent: Sunday, August 15, 2010 4:46 PM Subject: Liquor Store Vote Councilman Muhm, With regard to upcoming votes for approving alcoholic beverage retail establishments, (will support your effort to maintain Colleyville's reputation as a safe and desirable place to live by your voting to greatly limit (if not prohibit} the sale of such beverages within the city limits. YOU are our only defense in maintaining the safety and the value of our property in Colleyville as we currently know it. Because I am partial to the movie "It's a Wonderful life", I see this vote as a real-life choice between continuing to move Colleyville forward and toward Jimmy Stewart's vision of Bedford Falls---or, choosing a different path more akin to Pottersville--by backing those who deal in liquor for money. To me, there is really a spooky parallel between this issue and that movie, and let it be known that---I vote for Jimmy Stewart and it is my hope you are more like George Bailey than Mr. Potter!! To visualize unchecked sale of alcohol in liquor stores strewn up and down HWY 26 is to see a Colleyville that is more likely to evolve into a place resembling Harry Hines Boulevard in Dallas, than the place we found here to raise our families in and moved here from Dallas to be away from. Nobody, and I mean NOBODY with any wealth, wants to live near or in "alcohol districts" like Harry Hines or Northwest Highway near Love Field). While Dallas can set aside such districts away from affluent areas because of its size--Colleyville is too small to set aside such areas--Colleyville itself will become an alcohol district if you do not greatly limit access for liquor stores (are strip clubs next??). As my representative within city government I look to you to protect the interests of all citizens of Colleyville, including those who oppose packaged alcohol sale within the city limits. Relative to acting on behalf of those who will make money by selling a controlled substance, I ask you to support those within Colleyville holding interests that include your primary obligations of (1) maximizing the safety of our city and (2)to protect the value of personal property. (1) No question--voting for packaged liquor sales in Colleyville will cause it to become a less safe place to live-- how can there not be more drunk drivers and traffic fatalities by promoting greater and easier access to alcohol? If I served on the city council 1 could not vote for liquor stores being located here for fear of endless sleepless nights after reading in the Courier about increased trends in traffic fatalities due to drunk driving in Colleyville that in part came about as a result of my vote. One death would be too many forme. No question--along with patrons and store owners--chase casting an irresponsible policy will be a party to those statistics--as they alone will be creating the less safe environment. When it comes to safety within our city--bottom line, those who want more liquor to be sold within the city will be contributing to a less safe Colleyville and putting my family as well as theirs at greater risk--a heavy price to pay simply for the almighty dollar and more convenient access to achieving a drink induced buzz. (2) Property values and tax base will decrease--no question--I am asking you to protect the value of my home. If liquor stores become prominent in Colleyville, count on my family moving --yet another house on the market (if you catch my drift) as I wouldn't live near Harry Hines much less a liquored up Colleyville. I will support you if you support: No sale of packaged liquor within 500 feet of a single family home, No sale of packaged alcohol within an establishment that has direct access to HWY 26, No sale of alcohol within establishments that offer drive-thru access to product, A limit of no more than three (3) liquor stores within the city limits. Thank you for your reading my note--our personal safety and the value of our homes are counting on you supporting strict limitations on the sale of liquor in our community. Brant Atchley Jennifer Fadden From: Michael T. Muhm Sent: Monday, August 16, 2010 8:19 AM To: Jennifer Fadden Subject: Fw: Liquor Stores ---Less is More!! Michael T. Muhm ----- Original Message ------ From'maria brewer To: mmuhmja~COlleyville.com Sent: Saturday, August 14, 2010 10:08 PM Subject: Liquor Stores ---Less is Morel! Dear Mr. Muhm, My husband and I reside in Warwick Parc. Although we voted for Colleyville to be "wet", we strongly encourage the City Council to limit the number of liquor stores, especially so close to residential neighborhoods. We appreciate the need to increase revenue however we value our quality of life more. Please protect Colleyville's reputation and ensure our "small town" charm! We are relying on you to develop a plan to both limit the number of applications and the number of liquor stores in Colleyville. Thank you for your service and carefully considering this issue. Kindest Regards, Dr. and Mrs. Sankar Pemmaraju 6904 Peters Path Jennifer Fadden From: Michael T. Muhm Sent: Monday, August 16, 2010 8:28 AM To: Jennifer Fadden Subject: Fw: Sheer number of liquor stores in Colleyville Michael T. Muhm ----- Original Message ----- From: Kathy Dorris To: dkellyt~colleyvilie.com ; jayers ~coli~vlle.COm ; cwollin(a~.collevville.com ; mmuhm(c~colieyviile.com ; shali{c~colleyville.com ; thartCa~collevville.com ; mtaylorCa?collevville.corn Sent: Saturday, August 14, 2010 12:21 PM Subject: Sheer number of liquor stores in Colleyville I voted for alcohol sales in Colleyville. But, please.....seriously......do not approve every application. We already have too many car care places in Colleyville. Let's not be known as the place to get alcohol. Colleyville has such a classy reputation. Do not tarnish it to potentially receive some tax dollars. Bigger picture..... it's a great place to live and raise a family. We should not have two liquor stores near each other at the north end of Colleyville, so close to neighborhoods. Think of the people of Colleyville -what is best for them, you, us, me? I cannot be at the meeting, as I have to take my daughter off to college. So, please take my opinion into consideration. Thanks, Kathy Dorris Jennifer Fadden From: Michael T. Muhm _ Sent: _ Monday, August 16, 2010 8:33 AM To: Jennifer Fadden Subject: Fw: Strong opposition to the P&Z approval of liquor store locations in Colleyville Michael T. Muhm From: BEVFRi v cn~NFRnani Toi l Sent: Tuesday, August 10, 2010 9:06 AM Subject: Strong opposition to the P&Z approval of liquor store locations in Colleyville Dear City Council, Please excuse my sending this a second time; however, I hit a wrong key which sent this message before I wrote my closing and did a spell check. Thanks again for your time. Beverly Sonneborn Dear City Council members, I'm away from home at this time, but I'm following the actions of the P&Z committee in regard to the liquo store locations they have approved and which have been or will be submitted to you for approval. I understan~ from a message from Stan Hall, that no approval has been made for 3 of the submitted locations, but they will have a final reading on Aug. 17 in the council meeting. My concern is the possible approval of two locations which are only 1/4 of a mile apart. I'm speaking abou~ the two locations at the very edge of Colleyville/Grapevine city limits at the north end of Hwy 26. I voted fora "wet" Colleyville, but I didn't expect City Council and the P&Z to approve a store on almost every corner along Hwy 26. Colleyville Blvd. will soon look like East Lancaster in East Fort Worth with paw shops, bars, tattoo parlors, used car lots and other businesses which are attracted to liquor store locations. Yot should drive over and have a look at this area and see if this is what you want for Colleyville and for its citizet who elected you to look after our city and make it a place where people want to live, work and raise families. I hope you will weigh your decisions carefully before approving a location...there is no turning back once you start down this "road". Please remember there is no reason to rush on this issue....let's be careful how we define our city! Thank you for your attention to my concerns, Beverly Sonneborn Jennifer Fadden From: Michael T. Muhm _ Sent: Monday, August 16, 201010:12 AM Ta Jennifer Fadden Subject: Fw: Your Immediate Attn Requested Michael T. Muhm ---- ©riginal Message ---- From: Grace Groesbeck To: dkellyCa~cglleyville.com ; iayers(c~colleyvifie.com ; cwollin(a).colleyville.com ; mmuhm(a~colleyville.com ; shallCDcoll~ille.com ; thartCa~collevville.com ; mtaylor(u.colleyviile.com ; faddenjCD_ci.colleyville.tx.us ; mwiederCc~col lewi I le. com Sent: Monday, August 16, 2010 10:08 AM Subject: Your Immediate Attn Requested We are home owners in the Monterra subdivision in Colleyvilie and we are definitely against having liquor stores approved in Colleyville. BUT, if you so choose to move forward with liquor licensing, please wait until the city develops a plan and NEW zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 feet from a church or school. Zoning requirements should be increased to at least 500 feet from a church, school or residence. An ordinance that no liquor store should be no closer than 5 miles from another liquor store. Planning and Zoning has already approved 4 applicants for a liquor permit! It is our preference that NO permits be accepted by the City Council. We enjoy our small town atmosphere and don't want to end up with liquor stores on every corner! We will be unable to attend the meeting Tuesday night, but we will be watching closely as to how the City Council deals with this matter. Thank you for considering our request. Gary and Grace Groesbeck Jennifer Fadden From: Lori Fiore .... _ . Sent: Monday, August 16, 2010 10:38 AM To: Jennifer Fadden Subject: Vote No to Liquor Stores in our town Please do not allow liquor stores in Colleyville!! This will only have a negative effect on the value of our homes and our lifestyle. Don't give into the pressure! Keep our town "dry"! Lori and Chris Fiore Jennifer Fadden From: brandy o _ _ _ Sent: Monday, August 16, 2010 4:36 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Tom Hart; Mike Taylor; Jennifer Fadden Subject: Liquor Stores Council Members--- I am both alarmed and opposed to the number of liquor stores that are being proposed for our city. We have 8-101iquor stores being proposed for Highway 26!! I'm not seeing or understanding the direction that we have for our city--it seems as if the city is willing to rubber stamp anything that comes before them just to fill these empty businesses. Highway 26 is going to look like run-down Harry Hines Boulevard! I understand that the voters voted to have liquor stores in town, but this is notwhat we envisioned!! We had over 130 DUI arrests here in Colleyville this last year, and so far for 2010 we are on target to match that!! What happens when we have liquor stores every 1/4 mile of one another and drive- thrus?? I get the impression that the City is overwhelmed and surprised by the number of permits being sought after. I hope that the City slows down and thinks this over before rashly approving these hard liquor stores. Sincerely, Brad Oetman Brandy Oetman Jennifer Fadden From: Michael T. Muhm [~ _ Sent: Monday, August 16, 2010 5:21~PM To: Jennifer Fadden Subject: Fw: Liquor Stores in Colleyville Michael T. Muhm --~- Original Message ----- From: tom hhltiterson To: jayersCa?colleyville.com ; mmuhm(a~colleyville.com ; shaliCc~colleyville.com ; thartfc~colleyville.com ; mta~orCcDcol leyville.com Sent: Monday, August 16, 2010 5:09 PM Subject: Liquor Stores in Colleyville I am VERY opposed to liquor stores in Colleyville. I have spoken to multiple families in the azea and most voted FOR the sale because they didn't understand the wording or they wanted to approve it for the Hall Family. This is a town known for good schools, great parks, and nice homes. We do not want to be known as the "Liquor District"!! Come on, Colleyville Representatives. Keep Colleyville as a well requested place to live. I do not want my teenagers growing up in a town known as the place to buy liquor. Most families thought it would be tough for even the Hall's to get a permit and already FOUR have been approved. One to two stores at the very most (I prefer NONE) is overkill. Four is disgraceful. As Citizens, we DO NOT want them. Please listen to us! Thank you Lori Halverson 6005 Hunter Lane (From: Brad Forslund Sent: Monday, August 16, 2010 1:31 PM To: Subject: Liquor Stores Dear Mayor and City Council; I am requesting that there be a moratorium on all pending requests for special use permits related to package liquor stores. During the moratorium the City would have a study done on the impact of liquor stores and from that study develop and adopt a more comprehensive zoning ordinance that protects both commercial and residential owners and occupants. Currently the City has no restriction on distances from liquor stores to residences, day care centers or private schools. The City has adopted only the minimal state requirements for public schools, churches, and public hospitals. We need a much more restrictive ordinance controlling liquor stores. For example, City of Richardson has adopted a zoning ordinance that requires 800 feet from abeer/wine store (greater than 75% of sales) to a residential zoning district and 1,500 feet from a hospital, park, school (public or private), child and adult day care centers. We also need restrictions on distances between liquor stores so we don't get a concentration. Richardson's restriction is 1,500 feet. I would also request that you consider not allowing the words "liquor" or "spirits" in the signage as Westlake has done. Colleyville is known for its rural nature, attractive neighborhoods and excellent schools. It is critical that we protect these community assets from the impact of liquor stores. Thank you for your consideration. Brad Forslund From: George Dodson Date: August 13, 20 ] 0 10:05:25 AM EDT To: David Kelly <kell~(cr~,ci.collevville.tx.us>, Carol Wollin <cwollin(a~~colleyville.com>, Stan Hall <halls~a,ci.colleyville.tx.us>, Jon Ayers <aYersj~a,ci.colleyville.tx.us>, Michael Muhm <muhmmCa~ci.colleyville.tx.us>, Tom Hart <hartt(cr~,ci.colle~lle.tx.us>, Mike Taylor <mtaylor ,collevville.com> Subject: When is Colleyville Going to Control the Liquor Stores?? It is apparent that the City Council has given the decision about where Liquor Stores can be placed in Colleyville to City Staff and are not in control of this process. The Colleyville Courier quoted the Colleyville Economic Director as saying that any application that conforms to the guidelines established by the City Attorneys and the Police Chief should be approved. Why isn't the City Council establishing stronger guidelines that protect residential areas? The P&Z Commission that approved the Car Wash at John McCain and the other tens of auto repair, banks and other wonderful businesses in Colleyville approved the Liquor Store last Monday for the Car Wash location. Now the P&Z has approved 2 liquor stores within 1/4 miles of each other -- both at the north end of Colleyville. The P&Z Committee won't listen to concerns about the placement of Liquor Stores and with the Economic Director pushing all applicants, we have no one looking out for the best interests of Colleyville Citizens. It is apparent that the P&Z has no pride in Colleyville, which should be evident anyway with the number of empty business buildings in Colleyville... and we will have a dozen liquor stores and Colleyville will become another Ft. Worth with liquor stores every few feet because they will produce taxes. Of course they will also produce more crime, car accidents and death -- but that's progress for Colleyville! The City Council is ready to approve the 3 applicants next Tuesday and there are another half dozen applicants that are coming up. Is the majority of the Council's opinion that Colteyville needs 8 to 10 Liquor Stores? What is the Council going to do to stop the crime and degradation of Colleyville due to the influx of these stores. Why can't stores be restricted to a few of our larger shopping areas? I am very disappointed at the lack of control that the City Council is showing on this matter. I know you will not respond to my letter, but I've learned to expect that from a group that doesn't seem to care about voters! George Dodson Principal Consultant 817-937-3198 Jennifer Fadden From: Michael T. Muhm i Sent: Monday, August 16, 2010 8:08 AM To: Jennifer Fadden Subject: Fw: No liquor stores in Cville!! Michael T. Muhm ----- ©riginal Message ----- From: ICeI!twedv~~ds To: muhmm(c~c.colle~uille.tx.us ; cwoflin~colleyvil!e.com Sent: Monday, August 16, 2010 6:43 AM Subject: No liquor stores in Cville!! My husband and I moved here in 1994 to raise a family. We have loved living in Cofleyville the past 16 years! We DO NOT WANT to have liquor stores here!! Please do what you canto prevent this issue from going any further. I am glad to help in any way. Kelli Edwards 608 Beverly Dr Colleyville Tx 76034 From: Pam Eddis-Klein Sent: Tuesday, August 17, 2010 11:56 AM To: David Kelly; Jennifer Fadden; Jon Ayers; shall@ci.colleyville.tx.us; Tom Hart; Michael Muhm; Mike Taylor; mtaylor@ci.colleyville.tx.us; Mike Taylor; cwollin@ci.colleyville.tx.us Subject: Liquor Stores in Colleyville Dear Mayor Kelly, City Manager Fadden, and City Council Members, The purpose of this email is to express my concern regarding the approval of multiple liquor stores in Colleyville. Like other citizens, I voted for allowing liquor to be sold in Colleyville because I believe that the citizens of Colleyville should be able to buy liquor in their community. Never did I imagine that there would be the potential for multiple liquor stores in our small city. One is plenty! It is my understanding that Colleyville wishes to maintain and develop a city that is safe and family-friendly, provides an eclectic shopping experience, and cultivates asmall-town feel. The City of Colleyville's brand is threatened by multiple liquor stores. If we allow liquor to be sold wherever a person wishes to establish a retail business, then we erode the master plan for our community. I encourage you to take a step back from this issue, revisit the City's goals and priorities, and develop a plan that preserves and protects the City's brand. The decisions made at this evening's City Council meeting will affect the future of our wonderful city. If the Council approves many liquor stores, then the appeal of our city will be compromised. This will have long term ramifications for our city, our school district, and our citizens. Please carefully consider the voices of your constituents. Do not let the desire for more tax revenue dictate your decisions. Honor your positions as trusted leaders of our community and demonstrate your ability to decide what is best for all of Colleyville's citizens. Sincerely, Pam Eddis-Klein 817.832.7094 Michael T. Muhm ----- Original Message ----- From: Tamara Caudle To: muhmm~ci,colleyville.tx.us Sent: Tuesday, August 17, 2010 11:40 AM Subject: City of Colleyville liquor store ordinances Good morning Mr. Muhmm, I have been a citizen of Colleyville for 9 years. I am writing to you on behalf of my family regarding the impending approval of 8 different locations of hard liquor stores within the city limits. When my family was looking for a place to live 9 years ago after moving here from San Antonio, we chose Colleyville for it's small, `home town' feel. While we are acutely aware that growth and expansion is always inevitable when one lives in a desireable place, we hoped that the city fathers would maintain the integrity of that home town feel. We have witnessed many positive changes that growth has brought-the Market Street complex that helps keep shopping dollars in the City of Colleyville; the updating and upgrading of City facilities (community center and library to name a few); park improvements; and new schools-all of these changes are seen to improve the quality of life for all citizens. The advent of liquor licensing possesses the potential to change all of that. Our family has never signed any petition supporting the approval of allowing hard liquor to be sold within the city limits. However, the majority has spoken and the bill has passed. Now we are asking the City Council to please use caution and care when deciding how many and where liquor stores will be allowed to reside. Please see below our specific requests: 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. One of the proposed `big box' stores is using the current zoning requirements to find a loophole with which to occupy space that is about 60 feet from aPre-school because the current zoning law addresses placement from 'front door' to 'front door'. 3. No liquor store can be closer than 5 miles from another liquor store. 4. Maintain the 'mom & pop' feel to commercial business in Colleyville by not allowing the big box concept of liquor stores to enter the marketplace. We are well aware of the challenges the current economic times place on the city's revenue base, but we cannot compromise the integrity of our city. Thank you for your time and consideration. John and Tamara Caudle From: Gooding Sent: Tuesday, August 17, 2010 11:40 AM To: Jon Ayers; Jon Ayers; Carol Wollin; mmumn@colleyville.com; Stan Hall; Jennifer Fadden; Marty Wieder Subject: JUST SAY NO My house is for sale...my tax bill is based on an inflated house value of $970,000...1 can't sell it and now there is the added insult to my property value with the liquor store controversy. Seems to me, you are easily influenced, and without seeing the whole picture. You don't seem to realize you represent the residents. You put Colleyville in very compromising situations, like a Rail Road Station? Over inflated property values will only get worse. Multiple Liquor Stores? Police, who have nothing better to do than SEEK cars speeding in 30mph residential areas, now have to look forward to more accidents, and DUIs. I have only been in Colleyville for three years. I've never lived in such a small town with more problems. I'm afraid the days of "Colleywood" are limited....welcome to "Colleyhood" Just say no. From: Mike and Kristine Leathers To: muhmm[a~ci.colleyville.tx.us Sent: Tuesday, August 17, 2010 10:59 AM Subject: liquor stores Hi, As a citizen of Colleyville, I voted to allow liquor stores for tax revenue and convenience. However, I never imagined 8 liquor stores!!!! The beauty of Colleyville is the small town feel, the safe community and our sweet neighbors. Please limit the amount of permits allowed for liquor stores in Collevyille to two or less!! Two liquor stores are more than plenty for the city of Colleyville. Additionally, 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordnance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Thank you! Kristine Leathers 6300 Emerald Dr. Colleyville, TX 76034 Kristine Leathers From: Charlie Hewitt To: kellvdCcDci.collevville.tx.us ; ayersiCa.ci.collevville.tx.us ; cwollin(c~colleyville.com ; muhmmCc~ci.colleyville.tx.us ; shallr7a.colleyville.com ; harttCcD_ci.collevville.tx.us ; mtaylor(a~,colleyville.com Sent: Tuesday, August 17, 2010 10:42 AM Subject: SUP for Package Stores Dear Mayor Kelly and Councilmembers, In the May election, I voted against the proposition to allow off-premise retail liquor sales in Colleyville. My primary concern was that the increase in sales tax resulting from liquor sales would be more than offset by a deterioration in our city's image and quality of life. Increased traffic and crime could even result in reduced property values and associated tax revenues. Unfortunately, the majority of the voters decided that the potential sales tax revenue and convenience of buying liquor locally outweighed these concerns. Too many people viewed the proposition as allowing liquor sales at Hall's Grocery and did not consider the broader implications of their decision. I realize that the city is limited in what it can do in limiting the number of SUP's for these package stores. However, please take whatever reasonable measures possible to prevent Colleyville Boulevard from turning into Northwest Highway in Dallas. It would be inconsistent for a city that 1) prefers to allow an old Sonic Drive-In to deteriorate rather than be transformed into a new Goodwill collection center; 2) limits the naming of a resale shop; and 3) prevents big-box store development would allow imprudent development of any kind. If we are going to be burdened with a dozen package stores and the problems that accompany that sort of development, please do what you can to make sure these establishments are held to the same high standards as all development in our city. Respectfully, Charlie Hewitt 2241~Ii11 Valley Dr W Colleyville, TX 76034 From: Jim Hearn Sent: Tuesday, August 17, 2010 10:40 AM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Subject: PLEASE CONSIDER CHANGES TO LIQUOR STORE RESTRICTIONS importance: High Colleyville City Council & Staff, PLEASE very carefully consider making the following change/ammendments to our requirements for placement or restrictions on Liquor/Package Stores to keep Colleyville a very sought-after and peaceful place to live. While I do like the idea of having a few liquor stores nearby, I do NOT want to trade that for the quality of living that we enjoy today. Not only does the addition of large liquor stores invite traffic from all neighoring and distant communities, but it increases foot traffic from all walks of life that do not have vehicles. We do not want our streets to become littered with pedestrian traffic carrying bottles home and near our vehicle traffic. While I voted to approve the existance of package stores, I envisioned the smaller mom&pop type stores, limited by square footage, and keeping it to smaller boutique stores. These type of stores usually have higher priced products and do not invite a certain wholesale consumer buying in bulk or frequenting due to warehouse prices. Please consider implementing the following so that my wife and I, and many other good quality Colleyville residents do not feel the need to move from this city that we have worked hard to keep the way that it has been! ]. DONOT approve liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements should be increased to be at least SOOft. from a church, school or residence. Children in their homes need to be protected as much as children at school on playgrounds. 3. Consider an ordnance stating no liquor store could be closer than 5 miles from another liquor store, 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Consider a maximum square foot to keep from larger "warehouse" liquor stores from entering. Keep them "boutique" in style to go with Colleyville's current theme. We do appreciate your service, and are confident that you will do the right thing in serving YOUR community! have always felt that Colleyville has an even higher quality of living than even Southlake, which is considered one of the best. The reason that 1 (and many others) have felt this way is because while Southlake has very nice neighborhoods and schools, and has a higher income bracket than Colleyville and surrounding areas, Colleyville has been more of a sleepy little town which is GREAT! It's quiet, and we don't have the amount of commerce, nightlife, and therefore TRAFFIC and NOISE that Southlake has to put up with! PLEASE KEEP COLLEYVILLE PEACEFUL AND ENJOYABLE to live here so that our quality of life and property values do not suffer! Thanks for your consideration and support! Regards, Jim & Susi Hearn 6601 Emerald Drive Colleyville, TX 76034 817.329.1937 From: l:Qrena Paoe To: dkellvlcacollewitle.com Sent: Tuesday, August 17, 2010 10:27 AM Subject: Liquor stores Here are my two cents worth on this issue. If I am reading the email that was sent to me this morning correctly, the city is planning to approve liquor permits for 9 liquor stores in Colleyville soon. I was looking at the city's website for more information on this subject and could not find any. I would have thought this is important enough to have some prominence on the website for residents to easily find, review and be informed. Took me awhile to find it under Community Development. I would have thought it would be under Economic Development. According to the demographics posted on the city website, Colleyville is a small town on the website but we all know it's small. Thus, I fail to see the need to open so many liquor stores and especially concentrated in such a small area. The following proposed stores are less than 2 miles from each other and 2 in the same shopping area: Goody Goody Liquor - 4701 Colleyville Blvd. (in place of Vineyard's Antique Mall and WestlakeAce Hardware) Majestic - 4843 Colleyville Blvd. (in place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) Siegl's Fine Wine & Spirits- 5232 Colleyville Blvd. (entire 1st floor, 12,000 sq ft, of 3 story new apartment bldg. Next to First Baptist Colleyville) Possibly the Mobil Station at Colleyville B1vd.Brown Trail The following proposed stores are less than a mile from each other: Randy Johnson - 7101 Colleyville Blvd. (4,000 sq ft empty car wash at John McCain) A liquor'boutique' on Colleyville Blvd behind Ross Downs. Why so many stores? I know the city is strapped for cash but adding nine liquor stores is not the way to solve it. I am not against a liquor store in Colleyville. However, nine liquor stores is excessive. [feel this sends a poor message to anybody wanting to move here. You might as well rename Colleyville Blvd. to Lush Row. A few strategically placed liquor stores would be in the best interest of the city and residents. I suggest you reevaluate what it is that you want to accomplish by adding so many liquor stores to the city. I personally don't think allowing more than three liquor stores in Colleyville is in the best interest of the city and residents. Lorena V. Pape 214.695.5874 From: To: David Kelly ;Jon Avers ;Carol Wollin ;Michael Muhm ;Stan Hall ;Tom Hart ;Mike Taylor Sent: Tuesday, August 17, 2010 10:05 AM Subject: Liquor Stores To: Colleyville City Council I don't envy your your responsibility in establishing the criteria of the various liquor businesses that seek to do business in our City. Although I voted against it I certainly accept the fact that I was in the minority. I just want you to know the thoughts of this small commercial developer and citizen of Colleyville. I developed, built and currently manage the professional offices at 710 & 714 Centerpark and 4601 & 4603 Colleyville Blvd. I agreed in principal to purchase the land next to the new Sonic and have designed professional medical buildings for that site. Since the new liquor law I have decided to put this project on hold as it is hard enough to maneuver all the pitfalls in today's economy, the liquor issue tips the scale against Colleyville with my type of development. I was speaking with Marty Weider and he said a commercial broker commented to him that Colleyville's new liquor law is a game changer for the City, it puts Colleyville in a whole new category. I agree with that statement however as a citizen I think after the smoke has cleared and all the gold rushers have left town it will be all of us left to pick up the pieces. I have to look at the back of the Albertsons center everyday and what a sad site it is. Just another (3 in this case) out of town owner developer group that could care less about the quality of Colleyville. Have any of you driven behind the Albertsons center? I'm not talking about just Albertsons I mean from Glade over to Centerpark. Why are out of town owners allowed to have run down facilities like these? Is this what the empty liquor stores will look like? Please think of the people who live in Colleyville when you make your decisions on this matter. Jerry Pedersen Westgate Properties 714 Centerpark Dr. Suite 140 Colleyville, TX 76034 817-313-9573 From: Lisa and Donn Hethcock Sent: Monday, August 16, 2010 11:42 PM To: Jennifer Fadden Subject: Liquor stores in Colleyville Dear Ms. Fadden - This is to express concern over the liquor stores which are being considered for Colleyville. I fear that, if these are not strictly regulated, the wonderful city that we live in will deteriorate. It would be irresponsible to allow liquor sales close to schools, churches and residences where children live. Zoning laws should be in place and a plan developed before liquor stores are allowed in Colleyville. For safety reasons, liquor stores should be at least 500 feet from churches, schools or residences. Additionally, Colleyville should keep its small town feel by having only smaller stores, ideally no closer than five miles from each other, in order for our city to uphold its wholesome, family- friendlyimage. We are counting on you to make the best decisions affecting the residents of our fine city. Thank you for your consideration of these requests. Regards, Lisa Hethcock From: Harold A. Rumzek,Ph.D. To: ar I ; vi ; ,~i ; j~ ; ike ;Stan ;Tom Sents Tuesday, August i7, 2010 9:33 AM Subject: Re: 10 Hard Liquor Stores in Colleyville? Members of the Colleyville City Council, The following is an a-mail message received yesterday. I also received a like recorded phone message from Natalie Genco a Precinct Chair from Grapevine who indicated that she will attend this meeting. Here are mY comments: If people who do not have a vote in this jurisdiction are present, their inputs on this decision should not be accepted. This is a City of Colleyville decision! "Far too much time, money, and resources are wasted by people discussing topics in conversations or making decisions at meetings concerning things over which they as participants have no control. Unless the involved people can personally implement their decisions, nothing changes. The voters have voted! I ! ! ! Who are you serving? Is it your duty to represent the voters, or is it your intent to impose personal beliefs upon them, especially when their response at the polls highly favored alcohol sales. Does an erudite attitude cause some people to think that their ideas may be better than those espoused by voters? Isn't that what's happening in Washington DC? And, isn't this why some advocate replacing all incumbents? A captitalistic economic system can only work when government gets out of the way! If they cannot make a profit, they will go out of business. Harold A. Rumzek, Ph.D. 1211 Crest Drive, Colleyville, TX 76034-4144 817-291-1579 Conservative Grassroots Activist Do you want 8 hard liquor stores on Colleyville Blvd. and 2 more at the other corners of our city? 1. Read this entire email 2. Email and call your City Council Members (listed below) 3. Attend Tuesday's Meeting 4. Forward this email to contacts If you do not want Colleyville turning into "Hard Liquor Row" like Harry Hines, you must be informed and attend: City Council Meeting at City Hall Tuesday night, Aug. 17th. 7:30 PM I think one hour of your time is very worthwhile to STOP this invasion of hard liquor stores by attending Tueday's City Council Meeting. YOU must make your voice heard! The P&Z has approved the first four applicants for a liquor permit, with three of them already coming before the City Council for a first reading. Those three are expected receive a final vote at the council's Aug. 17 meeting. The P&Z rejected one, but it will still come up for vote ,needing 6 votes to pass. It is not too late. Just because the Planning and Zoning has approved these, still means that the City Council has to approve them by vote, so come to the meeting to voice your opinion. Proposed Locations in the City of Collewille: Fossil Creek Liquor - 1212 W. Murphy Rd. (by Precinct, close to NRH) Goody Goody Liquor - 4701 Colleyville Blvd. (in place of Vineyard's Antique Mall and WestlakeAce Hardware) Majestic - 4843 Colleyville Blvd. (in place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) Randy Johnson - 7101 Colleyville Blvd. (empty car wash at John McCain. This man lives across 26 off of John McCain and wants his liquor store have adrive-thru) Charlie Hall - 121 and Glade (Hall's Grocery) Sudhir Sakaria - 3809 Colleyville Blvd. (26 close to Cheeksparger in Joe's Pizza & Pizza parking lot) Siegl's Fine Wine & Spirits- 5232 Colleyville Blvd. (entire 1st floor of 3 story bldg. next to First Baptist Colleyville at entrance of Village) I am not sure but I think the Mobil Station at Colleyville Blvd./Brown Trail and a liquor 'boutique' on Colleyville Blvd. behind Ross Downs. Read more: http://www.star-telegram.com/2010/08/10/2396055 p2/colleyville-officials- asking-how. htm I# ixzzOwXwNXVO http://www.colleyville.com/packaQestorefags.html Call and email these Citv Council Members: Mayor David Kelly Term Expires: May 2013 Email: dkelly@colleyville.com Address: 905 Inwood Lane Phone: 817.235.6105 Colleyvllle Resident Since: 1997 Jon Ayers, Mayor Pro Tem Term Expires: May 2011 Email: javers@colleyville.com Address: 4808 Meandering Way Phone: 817.267.9009 Colleyville Resident Since: 1998 Carol Wollin, Place 1 Term Expires: May 2013 Email: cwollin@colleyville.com Address: 4600 Dartmoore Lane Phone: 817.281.3058 Colleyville Resident Since: 1991 Michael Muhm, Place 2 Term Expires: May 2013 Email: mmuhm@colleyville.com Address: 6607 Connie Lane Phone: 817.658.8862 Colleyvltle Resident Slnce: 2000 Stan Hall, Place 3 Term Expires: May 201 1 Email: shall(a,colleyville.com Address: 6100 Hillbrook Drive Phone: 817.488.2996 Colleyville Resident Since: 1990 Tom Hart, Place 5 Term Expires: May 2012 Email: thart@colleyville.com Address: 1717 Avondale Phone: 817.540.1171 Colleyville Resident since: 1987 Mike Taylor, Place 6 Term Expires: May 2012 Email: mtaylor@colleyville.com Address: 5209 Coventry Place Phone: 817.366.5557 Colleyville Resident Since: 1984 Drunk drivers arrested in Colleyville: 2009 - 134 people 2010 - 96 people (as of July) There are many more driving under the influence that never get stopped. If you would like to speak at the meeting, you fill out a small form when you arrive and hand it to the front. Even if you have to read off a piece of paper to express your opinion, please consider speaking. Don't rely on someone else to represent you. ATTEND YOURSELF !!! People have voted in the past election for all liquor sales. The wording on the ballot was: Proposition "The legal sale of all alcoholic beverages for off-premise consumption only." (for or against) People knew that alcoholic beverages were sold in Colleyville. Many thought that this proposition was to add the phrase'for off premise consumption only'. They did not understand it was for'all' alcoholic beverages which includes hard liquor. Also, those who voted'for' this didn't realize the spread of liquor stores in our city. It is sad that this proposition was chosen to be voted on in anon-presidential election year. Please bring ,your families and neighbors to this meeting! A Concerned Resident of Colleyville, If you disagree, click delete. From: Marc Hanna Sent: Tuesday, August 17, 2010 8:58 AM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Subject: Limiting Alcohol Sales in Colleyville To Whom It May Concern: While many residents of Colleyville may have approved the sale of alcohol in our community, I do not imagine that anyone envisioned that leading to the number of locations that have been proposed, nor were they necessarily thinking big box liquor stores throughout Colleyville. Colleyville is not a large enough community to need 4 liquor stores (especially of the size requested) on Hwy 26 between John McCain and Glade Ave., not to mention the alcohol that is already available at Market Street. Possibly as leaders in the community you are anxious to fill the empty retail space that is available and I understand that, but I urge you to consider the impact of accepting all of these applications. Please do not allow a large number of stores to infiltrate our respected community. Do we really want the main type of retail on Hwy 26 to be liquor? I did not support the measure to allow sales in the first place and I have personally witnessed the devastating effects of alcohol consumption to an individual and family. While you may not hold the stores responsible for those affects, easy access to alcohol will not benefit our community, our families or our children. The upside is totally not worth the downside risk. I understand we will have some stores, but please limit the number of these stores and their locations. Libba Hanna From: Germany, Jeffrey Sent: Tuesday, August 17, 2010 8:58 AM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Cc: Subject: Excessive Package Liquor Stores Dear Mayor Kelly, Council members and Managers, I would like to express my concern with the number of liquor store applications Colleyville has received. Although I am not opposed to liquor sales within Colleyville, I am concerned with the number of applications on 26 especially. Colleyville Blvd. businesses are primarily supported by Colleyville residents and to a lesser degree surrounding cities. These populations combined could not support the amount of liquor sales necessary to support all of these stores. If they do survive, it would require a transient clientele. If a limit is not imposed on the number of stores, can easily envision a Colleyville Blvd. that is reflective of Northwest Hwy. in Dallas. Please be considerate to the residents of Colleyville when reviewing the plethora of applications. Kind Regards, Jeff Germany Invesco Real Estate Office: 972-715-7403 Confidentiality Note: The information contained in this message, and any attachments, may contain confidential and/or privileged material. It is intended solely for the person(s) or entity to which it is addressed. Any review, retransmission, dissemination, or taking of any action in reliance upon this information by persons or entities other than the intended recipient(s) is prohibited. If you received this in error, please contact the sender and delete the material from any computer. From: To: mmuhm(a~colleyville:com Sent: Tuesday, August 17, 2010 8:21 AM Subject: liquor store Dear Council Member Muhm, It has come to my attention that there will be a meeting held tomorrow night regarding the Colleyville Liquor applications that have been submitted to the city. I am so ashamed at myself for voting yes on this issue at the last election. I never thought it would come to this. Colleyville will look like the corner of 820 and Randall Mill in Fort Worth with Liquor stores on every corner. To think that the City Council would lower their standards and vote YES to the 16 applicants that are applying to sale liquor is up surd. We are a small "SAFE" community and now we are turning into the "Slums". I have a 17 year old daughter who drives on these streets and now I fear for her safety. We don't need outsiders coming into this town to purchase liquor. Colleyville should be proud to be a "Clean" ""Safe" place to raise a family. We need family restaurants, good shopping to bring tax dollars are way. Not Liquor sales on every corner. Please if you know what if good for this community DENY these applications. One liquor store is plenty. Putting all these liquor stores in Colleyville will drive families and potential home buyers away. I hope each City Council Member will realize what they are doing to Colleyville. Thanks you for your time. Lisa Bargery From: Carolyn Helbert-Green, O.D. Sent: Tuesday, August 17, 2010 12:41 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; mtaylor@colleyvillevision.com Cc: Jennifer Fadden; Marry Wieder Subject: I am a concerned Colleyville resident and business owner. Is this correct information being passed along. I was disappointed in thepassage of this legislation and certainly think this would be excessive if this is accurate. Thanks for your reply in advance Do you want S hard liquor stores on Colleyville Blvd and 2 more in other parts of our city? If you do not want Colleyville turning into "Hard Liquor Row" like Harry Hines, please: 1. Email and call your City Council Members (listed below) 2. Attend Tuesday's Meeting 3. Forward this email City Council Meeting at City Hall Tuesday night, Aug. 17th. 7:30 PM One hour of your time is worthwhile to STOP the invasion of hard liquor stores by attending Todays City Council Meeting. What to ask council and staff for: 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordinance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. P&Z has approved the first four applicants for a liquor permit. Three are expected receive a final vote at the council's Aug. 17 meeting. It is not too late. Planning and Zoning has approved these, but City Council has to approve them too. Some of the proposed Locations in the city of Colleyville: 1. Fossil Creek Liquor - 1212 W. Murphy Rd. (by Precinct, close to NRH) 2. Goody Goody Liquor - 4701 Colleyville Blvd. (in place of Vineyard's Antique Mall and WestlakeAce Hardware) 3. Majestic - 4843 Colleyville Blvd. (in place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) 4. Randy Johnson - 7101 Colleyville Blvd. (4,000 sq ft empty car wash at John McCain) 5. Charlie Hall - 121 and Glade (Hall's Grocery) 6. Sudhir Sakaria - 3809 Colleyville Blvd. (26 close to Cheeksparger in Joe's Pasta & Pizza parking lot) 7. Siegl's Fine Wine & Spirits- 5232 Colleyville Blvd. (entire 1st floor, 12,000 sq ft, of 3 story new apartment bldg. Next to First Baptist Colleyville) 8. Possibly the Mobil Station at Colleyville Blvd./Brown Trail 9. A liquor 'boutique' on Colleyville Blvd behind Ross Downs. Read more: http://www.star- telegram.com/2010/08/10/2396055 p2/colleyville- officials-asking-how.html#ixzzOwXwNXVO http•//www collearville com/~ackaaestorefaas.html Call and email these City Council Members: Mayor David Kelly Term Expires: May 2013 Email: dkelly@colleyville.com Phone: 817.235.6105 Jon Ayers, Mayor Pro Tem Term Expires: May 2011 Email: jayers@colleyville.com Phone: 817.267.9009 Carol Wollin, Place 1 Term Expires: May 2013 Email: cwollin@colleXville.com Phone: 817.281.3058 Michael Muhm, Place 2 Term Expires: May 2013 Email: mmuhmCa~colleyville.com Phone: 817.658.8862 Stan Hall, Place 3 Term Expires: May 2011 Email: shall(a,colleyville.com Phone: 817.488.2996 Tom Hart, Place 5 Term Expires: May 2012 Email: than@colleyville.com Phone: 817.540.1171 Mike Taylor, Place 6 Term Expires: May 2012 Email: mtaylor@colleyville.com Phone: 817.366.5557 Jennifer Fadden City Manager 817.503.1116 faddenj @ci .col leyvi I le.tx. us Economic Development Manager 817.503.1060 direct 817.503.1159 fax mwieder@colleyville.com Drunk drivers arrested in Colleyville: 2009 - 134 people 2010 - 96 people (as of July) If you would like to speak at the meeting, fill out a form when you arrive and hand it to the secretary in front. Even if you read off a piece of paper to express your opinion, please consider speaking. Thank you for caring about our city. Thank you, COLLEYVILLE Carolyn Helbert-Green, O.D. Colleyville Vision Associates associArEs From: Julie Avary Sent: Tuesday, August 17, 2010 3:55 PM To: Amy Shelley Subject: NONONONO Please do not let this happen in our City!!! No liquor in Colleyville. NO NO NO!! BLESSINGS <>< Julie From: Sent: Tuesday, August 17, 2010 4:03 PM 70: David Kelly; Jon Ayers; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marty Wieder Subject: PROTEST OF LIQUOR STORE IN COLLEYVILLE TEXAS I am an resident of the Colleyville, TX. and have been since May 31, 2001. My address is 7309 Thames Tr., Colleyville, TX 76034. My home is located in the Timmarron Cascades. I am protesting the permits of Liquor Stores in Colleyville, TX. 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordinance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Thank You, Carolyn Jones, CFO, Owner/Founder Classic Rehabilitation, Inc. "Restoring Lives" http://www.classicrehabilitation.com/ phone: (972) 979-4881 fax: (972) 263-7046 The information contained in this message and any attachments are intended only for the use of the individual or entity to which it is addressed, and may contain information that is PRIVILEGED, CONFIDENTIAL, and exempt from disclosure under applicable law. If you are not the intended recipient, you are prohibited from copying, distributing, or using the information. Please contact the sender immediately by return a-mail and delete the original message from your system From mike To: sha~ICcD.colleyville_com ; thartCc~collevville.com ; mmuhm~a7collevville com ; javers aC~.collevville.com ; dkelivCa~collevville.com ; cwollins(a~collevville com ; mtavlor(a~collevville com Sent: Tuesday, August 17, 2010 4:20 PM Subject: liquor stores Dear all, As a citizen of Colleyville I am concerned that we have such a proliferation of liquor store license requests. It would seem that 1-2 would be sufficient for Colleyville. I also believe that only a small footprint for the stores should be allowed. I hate seeing the large empty stores that we already have, and do not want to see more of them. I realize that we are having financial issues as a city however we should not give up long term values for our city for near term financial gain. Thank you for your time mike farrar 214.208.2852 This message was sent using IMP, the Internet Messaging Program. From: Tome& Sheila. Pennington_ To: javersCa~collevville.com ; cwollin(a7colleyville.com ; mmuhmCa7collewille.com ; shallCcr2colleXville.com ; thart(cr~.collevville.com ; mtaylor(a~colleyville.com Sent: Tuesday, August 17, 2010 2:53 PM Subject: No Vote on Proliferation of Liquor Stores Dear Council Member, As a concerned citizen of the city of Colleyville, I respectfully ask that you vote against the proliferation of liquor stores within our community. I appeal to you for several reasons: 1) It must be clear to you now that many citizens were confused by the wording of the proposition in the last election, and are against adding up to eight package stores in a short time. It is likely you will see even more negative backlash when these stores are eventually opened. 2) For many years our city has been a preferred place to live--and that is without the availability of package stores. All those who drink have found resources to purchase what they want. But now we are asked to allow profit-seeking entrepreneurs to do something that may radically alter both the atmosphere and reputation of our city. 3) The loss of our quality of life will more than offset whatever additional tax revenue may be generated. Although 1 or 2 such stores may not change our city's reputation, it is hard to believe that 8 will not alter people's perception of our community. Have you compared the number of liquor stores in other communities on a per capita or per square mile ratio? It seems we have gone from one extreme to the other in an inexcusably short time. For these reasons and others, I urge you to vote against the proliferation of liquor stores in Colleyville. I am confident that with your love of and commitment to this city you don't want to be part of a council that radically changes our city for the worse--a city that has thrived until now. Sincerely, Tom & Sheila Pennington 200 Virginia Square Colleyville, TX 76034 817 605-3773 From: Kristen J Martin To: dkellv(c~collewille.com Cc: iavers(cDcollewille.com ; cwollinCrDcollevville.com ; mmuhmCc~collewille com ; shall(cr~.collewille.com ; thart ur7collewillecom ; mtavlorla~collewille. com Sent: Tuesday, August 17, 2010 3:42 PM Subject: WE URGE YOU TO PLAN BETTER and MORE RESPONSIBLY ON LIQUOR SALES Mayor Kelly and City Council Members, While the battle to allow liquor sales in Colleyville has been lost, a new discussion begins on how many stores should be allowed in Colleyville. 1 wouldn't be intellectually honest with you, if I denied the economic impact of liquor sales in a community. And, you wouldn't be intellectually honest if you denied the social impact of liquor sales on a community. A most recent study quoted in the Dallas Morning News in the July on the city of Anna says the following: Traci Toomey heads the University of Minnesota's Alcohol Epidemiology Program, which researches ways to reduce social and health problems associated with drinking. "Quite a few studies have looked at the density of alcohol establishments and various types of health and crime outcomes," Toomey said. "The preponderance of research evidence does suggest [that] as we increase the number of alcohol establishments in a given neighborhood, we see an increase in a wide range of problems. "Some have shown violence, some higher levels of sexually transmitted diseases and some more traffic crashes, although I think the evidence is a little more mixed." Rick Ballard, executive director of the Collin Baptist Association, said he hasn't heard of specific problems arising from Anna's liquor sales. But he said the wider availability of alcohol can have insidious effects. For instance, underage drinking can increase and excessive drinking by adults can strain families, he said. "You can't necessarily put a statistic on it, but there are enough ills and damage to the family that you don't really want it around you." Please act responsibly and limit the number of liquor stores in our community, which to this point has been highly ranked in Texas as a top place to live in spite of the absence of hard liquor. Please consider: 1. Limiting total number of stores! We don't need 10 for a community of 22,000 2. Anew plan for zoning these stores, which should include no store closer than 500 feet from a school, residence or church. 3. No liquor stores less than 5 miles apart. Currently two are proposed in the same shopping center! Thank your for your consideration. I know you take your responsibilities seriously to the people who voted for the proposition and, I'm hopeful to the people who are opposed. Sincerely, Matthew and Kristen Martin 6503 Emerald Drive, Colleyville, 76034 From: Maitry Shah Sent: Tuesday, August 17, 2010 1:10 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Mike Taylor; Tom Hart; Jennifer Fadden; Marty Wieder Subject: OPPOSE LIQUOR STORES Dear Mayor Kelly and City Council Members: I am NOT in favor of liquor stores all along Colleyville Blvd and hope that you consider how many citizens like myself are opposed as well. This is not why we chose Colleyville as our home, and not what we want our city to stand for. Our quality of life will be at stake if you allow liquor stores on every corner of this city. It is in your hands to not let this happen. Please act responsibly as you make this decision. My view is: 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordinance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Thank you, Maitry Shah From: Sent: Tuesday, August 17, 2010 4:33 PM To: Jennifer Fadden Subject: Liquor Vote Tonight Dear Council Member, As a citizen of Colleyville for 10 years, I strongly oppose the Planning and Zoning commission's current proposal to the City Council regarding locations of hard liquor sales in our city. If I were not out of state on business, I would be there tonight to voice support for a Council decision to delay a final vote of approval until a new zoning law for hard liquor sales is voted into place. A city of our size and quality has no business allowing more opportunities for those who would abuse them. I am certainly in favor of fewer, smaller, unobtrusive and at least 7-10 miles apart, and not closer than 1000 feet of churches, schools and residences. Please take this into consideration. Have a peaceful and productive day! Cathy Barnett 701 SuEllen Cr Colleyville, TX From: Angela Torres To: dkellv(c~colleyville.com ; ianves(cacollevville.com ; cwollinCa~colleyville.com ; mmuhmcc'D.colleuville.com ; shallCa~collevville.com ; thart(c~colleyville.com ; mtavlorar7.colleyville.com ; faddeniCa.cicollevville.tx.us Sent: Tuesday, August 17, 2010 3:26 PM Subject: Liquor Stores in Colleyville Dear Colleyville City Council Members, As a resident of Colleyville, but more importantly a parent, I am strongly opposed to the prospect of approving any type of liquor store in Colleyville (unless very tight planning and zoning is implemented). Colleyville is supposedly a family oriented city and a safe place to raise our kids, why do we want to expose them to several large liquor stores along Colleyville Blvd. We use Colleyville Blvd. on a daily basis and would feel very unsafe if there were liquor stores along this stretch of road. Making liquor so readily available in an area where so many families reside is not a good idea. I have five children ranging in age from 20 - 7 years old and I do not want my children influenced by the liquor store signs. How do you tell a 9 year old and 7 year old that "Goody Goody Liquor is not a place for children? Aren't Goody's for kids? It's sends a very confusing message. And, after raising 2 high schoolers and in the midst of one, I do not want my children to have such quick access to alcohol. If they want it now, it is harder to get and the kids have to be more calculating to get it. Also, I have seen first hand the effects of alcohol abuse and the toll it took on my sister's life, until it took her life on December 8th 2005. Lastly, I do not want our city to have the type of reputation that it would receive if we allowed the liquor stores to invade our safe area. There are other alternatives to meet our tax revenue in Colleyville. As a concerned Colleyville resident, please take to heart my words because I know there are many people in our community that are not even aware of the situation. I just found out yesterday. I would appreciate your consideration in this matter. Sincerely, Angela Torres From: Lisa and Donn Hethcock Sent: Monday, August 16, 2010 11:42 PM To: Jennifer Fadden Subject: Liquor stores in Colleyville Dear Ms. Fadden - This is to express concern over the liquor stores which are being considered for Colleyville. I fear that, if these are not strictly regulated, the wonderful city that we live in will deteriorate. It would be irresponsible to allow liquor sales close to schools, churches and residences where children live. Zoning laws should be in place and a plan developed before liquor stores are allowed in Colleyville. For safety reasons, liquor stores should be at least 500 feet from churches, schools or residences. Additionally, Colleyville should keep its small town feel by having only smaller stores, ideally no closer than five miles from each other, in order for our city to uphold its wholesome, family-friendly image. We are counting on you to make the best decisions affecting the residents of our fine city. Thank you for your consideration of these requests. Regards, Lisa Hethcock From: Jason Adams Sent: Tuesday, August 17, 2010 2:48 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor Cc: Jennifer Fadden; Marty Wieder; 'jaimeboykin@hotmail.com'; 'jennybrightman@aol.com'; 'linda.denise@verizon.net'; 'tbarry9898@gmail.com'; 'chuck.jordan@att.net' Subject: Liquor Permit Applicants Mayor Kelly and Council Members, My wife and I have lived in Colleyville for two years and have fallen in love with the area. We are both from the country (East Texas) and have found a place in the big city that feels a little like home. We are EXTREMELY concerned about the number of liquor stores being considered in our city. As you evaluate liquor permit applicants, please remember that there are many citizens very concerned about the number, quality and locations of these establishments. Many of us will enjoy the convenience of local liquor stores and understand the economic benefits to the city. However, what is more important is keeping Colleyville quiet, uncongested and safe. Colleyville is a unique and special place in the DFW Metroplex. You are our elected officials and are responsible for keeping Colleyville...Colleyville. Please do what you can to ensure that the number, quality and location of liquor stores fall within Colleyville's community character. Thank you for your time and consideration, Jason and Jaime Adams 6212 Westcoat Dr Jason Adams Manager, e-Commerce Development ACE Cash Express 972-753-2305 0 www.acecashexpress.com From: Kathleen Gray Sent: Tuesday, August 17, 2010 2:42 PM To: David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Ha11; Jennifer Fadden; Mike Taylor Subject: Liquor Stores in Colleyville ~'~ease don't a~~ow our cite to become just another average city with trashy liquor stores and all thins trashy that come along with trashy liquor stores ~or the sa~Ce o~ revenue. Ps. 10:3 - "the greedy man curses and spurns God" Prov. 11:6 - "the treacherous are caught by their own greed" Jere. 6:13; 8:10 - "everyone is greedy for gain" Lk. 12:15 - "be on guard against every form of greed; life is not in possessions" Eph. 4:9 - "Gentiles.,.practice every kind of impurity with greediness" I Thess. 2:5 - "we did not come with pretext for greed" I Tim. 3:8 - (deacons) "not fond of sordid gain" (cf. Titus 1:7) II Peter 2:3 - (false prophets) "in their greed they will exploit you with false words" II Peter 2:14 - (false prophets) "have hearts trained in greed" K,eeP Co~~erville an awesome Place without trashy ~ic~uor stores. ~h a n ACS, Kath~een Co~lervi~le resident ~or i 4 years, supporter o~ our public school system and tax parer. From: Jerry Nanson Sent: Tuesday, August 17, 2010 2:26 PM To: Jennifer Fadden Subject: too soon for liquor stores Dear Jennifer, I want you know that I vehemently oppose opening liquor stores anywhere in Colleyville, and specifically none until more effective zoning restrictions are adopted. Please keep Colleyville the city that we love. Jerry Nanson 411 McDonwell School RD E Colleyville, TX 76034 From: Meador John To: 'muhmm(c~ci.collevville.tx.us' Sent: Tuesday, August 17, 2010 2:09 PM Dear Council Member Muhm, I'm the pastor of First Baptist Church in Euless, a resident of Colleyville, and we have thousands of members in Colleyville. If I understand correctly, you will be voting on the hard liquor specific licensing in tonight's meeting for several applicants. I've heard there are eight or more applicants and that planning and zoning have already moved some through for your approval. I'd like to voice my concern for so many hard liquor stores coming into our community. With a city like Colleyville, who so carefully has maintained a high standard of living in our area, this decision seems to fly in the face of that kind of caution or care for the citizens. When I think of multiple hard liquor stores, I think of Harry Hines Blvd. in Dallas - not a desirable place to live. Some time ago, when the petition was taking place for this issue in our neighborhood, I was asked to sign. I looked at the young teenagers (surely not even of drinking age) who were asking me to sign the petition and I realized if this took place, these kids would be the ones impacted the greatest. To their surprise, I asked them what was "good" about this, and they had no answer-they were just out collecting signatures. I still have no answer. One of the first stores granted a license is just a few hundred yards from Colleyville Heritage High School. These hard liquor stores will not serve our city well. I urge you to exercise caution and courage in limiting the city's exposure to them. Sincerely, Pastor John Meador From: Clifford LeffingweA To: muhmm af~.ci.colle~rville:tx.us Sent: Tuesday, August 17, 2010 12:42 PM Councilman Michael Muhm, My wife and I would ask that you seriously consider the following with regard to your decisions which could change the "face" of Colleyville forever. 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. Presently liquor sales cannot be closer then 300 ft from a church or school. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordnance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. We would appreciate your thoughts and communication of your votes on these issues. Dr. & Mrs. Clifford S. Leffingwell Jr. 4005 Inwood Lane Colleyville, Texas 76034 From:-4irr~ Gho-mley To: dkellvCc7callevville.com ; LyersC~colleyville.com ; cwollin(a~collevville.com ; mmuhmCa7_colleyville.com ; shallCc~colleyville.com ; thartCa~colleyville.com ; mtaylorcCD.collevville.com Cc: Tishadhormley~Dc.hotmail.com Sent: Tuesday, August 17, 2010 12:50 PM Subject: Hard liquor sales in Colleyville Dear Mayor Kelly and Colleyville City Council members. I am aware of a vote tonight for potential sites for hard liquor sales in Colleyville. I want to implore you to carefully consider the ramifications for our city, its reputation and most importantly our children as you evaluate the potential locations for hard liquor stores/sales in Colleyville. Although we all recognize the need for retail development in Colleyville, this is hardly the solution. I recognize (or at least assume) you are not actively pursuing this type of economic growth, but that it is an unfortunate result of our recent election. I don't want our children walking/riding past liquor stores on their way to school, church, or parks. I am hopeful that you will pursue development and enforcement of appropriate restrictions around this type of business as you did for oil and gas drilling. We currently live in a community known for great schools, nice parks, and beautiful homes that is conducive to raising families. As we look back 10, 20, or 30 years from now, I hope that will still be true. As I think about other areas in the metroplex that have a high concentration of hard liquor stores (e.g. Harry Hines Boulevard) and the industries that go hand in hand with them, I see a stark contrast to my above description of Colleyville today. As citizens and voters, we have entrusted you with the opportunity to shape Colleyville and its legacy. It is my prayer that you will see this potential tipping point for our city and respond accordingly. Thank you in advance for you investment in what truly matters in this community. Sincerely, Jim Ghormley Colleyville resident, homeowner, parent, and voter ******************* The information contained in this transmission is confidential and proprietary. It is intended only for the use of the individual or entity named above. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone, collect, and destroy the original message. Registered Representative Prudential Investment Management Services LLC A Prudential Financial company Three Gateway Center, 14th Floor Newark, NJ 07102-4077 Tel 973-802-8624 from: Lee Tait To: muhmmC7a.cl.coileyvilie.tx.us Cc: Angela Kahle Sent: Tuesday, August 17, 2010 1:03 PM Subject: Liquor Stores in Colleyville Dear Mr. Muhm: I am writing on behalf of my husband, Jon Hilton, and myself to express our strong opposition to the City Council approving the excessive number of liquor stores that have applied for permits. One of the reasons that we moved to, and continue to reside in Colleyville, is the family friendly atmosphere and safety of our neighborhoods. Although we are not in opposition to alcohol per se, we do object to creating an environment in Colleyville that is conducive to inappropriate behavior, attracting questionable clientele and in contradiction to the values we prize most highly in our community. Where is the overall plan for ensuring that liquor stores do not overrun the community? Is there a limit to the number of approvals that will be granted? Is there a plan to keep these stores from locating near our schools and churches? Please do not allow the lure of short term financial gain (by having more businesses in the community) outweigh the overall atmosphere and character that Colleyville currently has. We strongly urge you to vote "no" tonight. Respectfully, Lee Tait and Jon Hilton 1603 Kingswood Lane Colleyville, TX 76034 From: SusanDickson To: muhm~ci.collevville.tx.us Sent: Tuesday, August 17, 2010 1:06 PM Subject: Liquor Sales Dear Mr. Muhm, I have been a Colleyville resident for almost 7 years. I did not vote for the liquor to be sold in the city and am outraged that there could be multiple liquor stores on Colleyville Blvd. This would definitely bring down the value of the homes and the quality of the town we live in. Please let the council know that there are many citizens against these proposals and to consider the detrimental effect it would have on the quality of life we have now. Thank you, Susan Dickson From: Mabe. Chris L To: 'muhmmCa.ci.collevville.tx.us' ; 'ayersj(a~ci.collewille.tx.us' ; 'kellvd(c~ci.colleyville.tx.us' ; 'wollincCcDci,.colleyville.tx.us' ; 'hallsCa~ci.colleyville.tx.us' ; 'harttCa7ci.colleyville.tx.us' ; 'mtavlorCa~collevville.com' Cc• mabe Sent: Tuesday, August 17, 2010 1:51 PM Subject: Liquor Stores in Colleyville I am adamantly opposed to liquor stores in Colleyville. While I completely understand the recent proposition that was passed by the voters, the City Council and P&Z remain charged with reviewing all applications and putting some sensible limits and guidelines on these types of businesses. The voters are watching tonight's meeting very carefully. Thank you for your service to our community. Chris and Lynn Mabe 5305 Cottonwood Ct. Colleyville, TX From: John Morris Sent: Tuesday, August 17, 2010 1:08 PM To: David Kelly; Jon Ayers; Carol Wollin; mmuhn@colleyville.com; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden Subject: liquor store permits Dear City of Colleyville Council members...We would like to take the opportunity to voice our concern over the numerous applications for liquor store permits submitted to the City of Colleyville and apparent approval by the P&Z commission of some of the permits. We would like to see the Council members due more research and determine the reason why all of our neighboring towns have elected to not go in this direction. We have lived in Colleyville since 1973 and we cannot think of any one item that has caused us greater concern. Our hope is that no action is taken at the August 17th Council meeting, to allow for fiu~ther study and analysis of this very important issue. Thank you for your consideration and thank you for serving the citizens of Colleyville. Sincerely, John & Gayle Morris 6500 Diamond Court Colleyville, Texas 76034 From: Chrlsd Trimmer To: Dgyid Kelly; Ton Avers; Carol Wollin: Mi ha I M ohm: Stan Hall: Tom Ha ;Mike Tavlor: nnif r Fadd n; ~y Wi dPr Subject: Colleyville Liquor Sales Date: Monday, August 16, 2010 4:57:40 PM I was shocked learn that potentially 10 liquor stores are up for consideration in Colleyville? I do not pay a premium for housing and taxes to live in that type of community. I know I'm not saying anything that you haven't already been bombarded with, but I don't want them. I think it would create an environment we'll all wish had never been created. Crime, traffic accidents and drunk driving will undoubtedly increase. Having a teenage son, 1 DO NOT want him sitting at the John McCain/Colleyville Blvd traffic light on his way to school every day, staring at a liquor store while he waits for the light to change. Just one more influence our kids don't need. I do not want the bookend to the new "Welcome to Colleyville" sign to be a liquor store. Our family is absolutely against a liquor store at john McCain and Colleyville Blvd. Christi Trimmer Colleyville resident From: Adam Dumler Subject: Colleyvflle Liquor Stores Date: Tuesday, August 17, 2010 5:39:05 PM Dear City of Colleyville Council Member, First I would like to thank you far dedicating your personal time and energy to serve our community. I am with the vast majority of Colleyville residents that approved the liquor license. All of us understand that it will bring in a good source of revenue from Colleyville citizens (as well as ones from Hurst, Euless, Bedford, Grapevine, Southlake, etc.) and help bring much needed revenue that can be applied towards areas such as road expansion and education. Tonight's town hall meeting will have some opponents of the liquor law there to do damage control with a personal agenda to disallow hard liquor stores altogether by trying to remove or restrict their locations as much as they can get away with. That being said, I feel their arguments for liquor store locations are ultimately irrelevant and only trying to serve their personal agenda that clashes with the will of the vast majority of Colleyville voters. Grasping at Straws: Asking Liquor Stores to be a minimum of 500 feet from achurch/school/residence or requiring 5 miles distance between store locations. Any time one trots out the tired old "Won't someone think of the children" argument, they are using this as a crutch to justify making a personal choice for others. Anyone with the mindset that placing a liquor store an extra 200 feet further away from a school would somehow magically shield children from the dangers of liquor stores is either deranged or disingenuous. Do they honestly expect us to think that a child is going to see that they will have to commute 200 feet further for liquor and somehow give up and everything will be okay? Is Colleyville a community who crafts its ordinances by assuming parents lack the basic ability to take care of their own children? If protecting the children is so important, then shouldn't we also apply these same standards to beer, wine, cigarettes, and commercial bars by making them all relocate further from schools? For example, students from Colleyville Heritage High School can walk next door to Tom Thumb (beer/wine/cigarettes), Cantena Laredo (bar), Rio Mambo (bar), and Chevron (liquor/wine/cigarettes) among many other locations within walking distance. Any of these locations are no different than a liquor store -they all dispense alcohol or worse (cigarettes). This is a realization that the vast majority of Colleyville voters reached which was shown in the overwhelming support for allowing hard liquor sales. If the argument is that children will use a fake ID to purchase liquor, then they could easily use that same fake ID to purchase beer/wine/cigarettes at any number of stores literally within a 5 minute walk or simply go up to a bar at any local restaurant and order a drink. The existing laws in place that require businesses to check ID and enforce age limits for alcohol and cigarette sales address this concern. Why would we simply ignore these laws and decide that the City of Colleyville knows better and should decide for legal, of-age citizens where they can purchase these items? If so, what is next on this slippery slope -should Colleyvllle ban HBO because a parent might leave the TV unsupervised and a child could see inappropriate material? At what point do we let parents do their job by monitoring their children instead of writing laws that let the City of Colleyville act as the parent? I deeply care about Colleyville and love the quality of life and high standard of living that we all enjoy as residents. A reasonable amount of liquor stores are not going to change Colleyville except that we will now enjoy increased tax revenues from local residents and nearby "dry" counties (Hurst, Euless, Bedford, Grapevine, Southlake, etc.) that can be applied towards areas such as road expansion and education. What truly reduces the quality of life in cities such as ours would be apartment complexes, pawn stores, gentlemen's clubs and the like. I hope that you consider my message and that of the voters of Colleyville in approving of hard liquor sales. Thank you for your time, Adam Dumler From: Dawan Przano To: M~ Wieder Subject: LIQUOR STORES Date: Wednesday, August 18, 2010 8:05:18 AM TO WHO~•I IT ~-IAY OR ~~f:~Y NOT CONCI:?RN: Please know, as a tax pa}nng citizen of this ~ city, my family- and I find this proposal ridiculous!! Can Colleycille not think past the proverbial nose on it's face and come up with a Vetter plan to bring revenue to the cit5r? Can't you people see that this wiU. cost Colley~~ille more anguish and money in the long run% Our property as it is, isn't (and hasn't for the 13 years I have lived here) gaining iii ~-alue, it is merc].y- holding on. If this citS~ had paid attention to it's citizens and tax payers in the past, a>e ~~~ouldn't be lza~ inl; this discussion. Come on people, rlluik outside the box!! Build it and they ~t-i11 come: ..1rts, entertainment, fine dining and shopping, gardens, etc. ~ build it and they ~~~ill. slither in, rob your citt~ and hill it's citizens as the~~ drit-e away d1-u1~.!!! The Przano Famil~> 2509 Ballantrae Dr. Collevti~ille, TX 76034 From: Rice Terri To: Dav(~ Keliv: ]on AYers: Carol Wollin; Mi ha i M ohm: Stan Hall: Tom Ha ;Mike Taylor: f~depj(rDcollewille.bc.~e: Marty Wieder Subject: Regarding Liquor Store Applications Date: Tuesday, August 17, 2010 10:37:55 AM Please consider the following prior to approving any further applications for liquor stores tonight or in the future! 1. No liquor stores approved until the city develops a plan and new zoning laws for liquor stores. 2. Zoning requirements increased to at least 500 ft from a church, school or residence. Children in their homes need to be protected as much as children at school. 3. Possibly an ordinance stating no liquor store could be closer than 5 miles from another liquor store. 4. Keep liquor stores small and unobtrusive to help maintain our small town feel. Yes, the residents of Colleyville did vote on allowing liquor sales. However, we never intended to have one on each corner or even 2 in a single shopping center. We LOVE our small town feel, the beauty of our city and want to maintain that above all. Again, please consider the above tonight when voting on pending and future applications. Terri Rice 6502 Emerald Drive Colleyville, Texas 76034 (817) 488-1324 From: Ronda Polansky Sent: Tuesday, August 17, 2010 10:05 AM To: David Kelly; Jon Ayers; Carol Woilin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Jennifer Fadden; Marcy Wieder Subject: Coileyville Liquor stores I am writing as a concern individual, a mother of a child, and a resident , Coileyville has a{ways been known as an upscale community. Even when Market Street was being buHt, trucks were not allowed through after dark. There is limited multi family developments and many;700+ homes resulting in Coileyville having that small town feeling. We have highly recognized schools and lower crime that other areas. I am very uncomfortable that 8-9 liquor stores are being considered throughout this small city. A few are within walking distances from housing communities and schools and I feel much consideration must be taken in how we plan to represent this community. I understand that each store must be considered as any other retail store, but no matter the logistics of that, the community voted you in to represent the community In a respectable manner preserving Colleyviile's integrity. The effects and results of multiple liquor stores needs to be seriously considered on many levels. It is not that I oppose liquor stores, but real estate and location is key to this decision. Your zoning and ordinances need to be reviewed with serious consideration of the size of this city, and the 9 requests in the middle and heart of Coileyville, including our schools and housing communities. Some of the proposed Locations in the City of Coileyville: 1. Fossli Creek Liquor - 1212 W. Murphy Rd. (by Precinct, close to NRH). This backs up to a new housing development and near bus pick ups and within walking distance from Liberty Elementary school. This should not even be considered as a possibility. It is not an appropriate location for hard liquor. Target and WaiMart both sell beer and wine. Home construction along Murphy is starting fora large new development with many new families, children and traffic along this road that will Increase dramatically in the next year. A liquor store has no place at this corner. 2. Goody Goody Liquor - 4701 Colleyviile Blvd. (in place of Vineyard's Antique Mall. This Is a highly traveled road, and the place has sat empty for quite some time. A school located behind this antique mall. I would think we would want to attract better shopping to this area than 1-2 liquor stores. 3. Majestic - 4843 Colleyvllle Blvd. (In place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) Why is there a need for 2 liquor stores?? Again, several shops have shut down in this area, and this is not portraying the Town Center area atmosphere we would like. 4. Randy Johnson - 7101 Colleyvllle Blvd. (4,000 sq ft empty car wash at John McCain). I question this location, may be appropriate as it is isolated from housing and schools and the building presents Itself already in uniform with the area. Although I am sure the housing development across the tracks may have some concerns. 5. Charlie Halt - 121 and Glade (Hall's Grocery). Out of all of these requests this is the most appropriate, along a stretch of hwy in a commercial area. 6. Sudhlr Sakarla - 3809 Colleyvllle Blvd. (26 close to Cheeksparger in Joe's Pasta & Pizza parking lot). This again Is too near Colleyviile Town Center. 7. Siegl's Flne Wine & Spirits- 5232 Colleyvllle Blvd. (entire 1st floor, 12,000 sq ft, of 3 story new apartment bldg. Next to First Baptist Colleyvllle). This is too close to our town center and certainly not feel we want for that area. B. Possibly the Mobil Station at Coileyville Blvd./Brown Trait. This is already established and is a consideration. 9. A Ilquor'boutique' on Colleyvllle Blvd behind Ross Downs. I believe this is a subdivision, but I am not sure, so I can not comment on this. Please think seriously about your role to serve and protect Coileyville. You have the ability to change this city for the better or the worst. Thank you for hearing my concerns and considering them in this important decision to the future of Colleyviile and its residents. Ronda Polansky Read more: h~p•//www mar-teleoram.com12010/08/10/2396055 02/4oll~yville-officials-askino-how.html Jennifer Fadden From: Gary Giles ; _ . Sent: Monday, August 16, 2010 2:39 PM To: Jennifer Fadden; David Kelly; Jon Ayers; Carol Wollin; Michael Muhm; Stan Hall; Tom Hart; Mike Taylor; Marty Wieder Subject: Package Stores coming before Council for approval First, let me say that I am basically opposed to Package Liquor stores in my city in any form. However, I know that all people are not as opposed to it as I am. That being said, if the following "proposed" liquor stor sites are truly under consideration, I beg of you to visualize our city with the city's primary corridor basically swamped with one liquor store after another. If the following sites come before you for approval by our city council, then I implore you to totally reject numbers 2, 3, 4, 7, and 9. Surely this community can have its thirst for alcohol quenched by four stores. Thank you for your consideration Gary W Giles 1. Fossil Creek Liquor - 1212 W. Murphy Rd. (by Precinct, close to NRH) 2. Goody Goody Liquor - 4701 Colleyville Blvd. (in place of Vineyard's Antique Mall and WestlakeAce Hardware) 3. Majestic - 4843 Colleyville Blvd. (in place of Green Pepper Japanese, therefore two liquor stores on both ends of Albertsons) 4. Randy Johnson - 7101 Colleyville Blvd. (4,000 sq ft empty car wash at John McCain) 5. Charlie Hall - 121 and Glade (Hall's Grocery) 6. Sudhir Sakaria - 3809 Colleyville Blvd. (26 close to Cheeksparger in Joe's Pasta & Pizza parking lot) 7. Siegl's Fine Wine & Spirits- 5232 Colleyville Blvd. (entire 1st floor, 12,000 sq ft, of 3 story new apartment bldg. Next to First Baptist Colleyville) 8. Possibly the Mobil Station at Colleyville Blvd./Brown Trail 9. A liquor'boutique' on Colleyville Blvd behind Ross Downs. z Amy Shelley Subject: FW: No to liquor stores From: Nancy Purifoy Sent: Monday, September 20, 2010 8:21 PM To: Ron Ruthven Subject: No to liquor stores I am adamantly opposed to allowing liquor stores in Colleyville. They do not fit in the desired profile of my town and I feel that it goes against what most people move here for - a safe, friendly, family atmosphere. An increase in drunk drivers is inevitable in a town that sells hard liquor. Please accept this letter as written opposition to a package (liquor) store at all proposed locations. I would like to force a super majority vote by the City Council. And yes, I DID vote against allowing liquor sales in Colleyville, and feel that most people did not understand what the vote was about and therefore did not turn out to vote, or even voted for liquor sales. Thank you. Nancy Purifoy Amy Shelley Letters of Support for Package Stores in General Subject: i=NU: Rebuttal to Stop Liquor Store From: GHBJ..F~...~..,._.-_._.__~...~._.~...,,_x....._....___...._ .__....--._._____-__..~.... _....._ ....._.......__......._.~...-...,._..._.._._~.___ _._.. Sent: Monday, September 13, 2010 8:51 AM To: David Kelly; Jon Ayers; Ron Ruthven Subject: Rebuttal to Stop Liquor Store Sirs: The attached email was forwarded to me. The individuals who voted for liquor stores to be allowed in Colieyville voiced their desire to allow the stores and the individuals who did not want the liquor stors in Colleyville did not turn out on voting day to veto this item. Where were they, too busy to vote. I do not have a burning desire one way or another, but I can see how having the liquor stores in our city would be a bonus. The taxes that we would be making from the sales would be going a long way to help the budget. The individuals who do wish to purchase liquor wi8 continue to purchase it regarciless where they have to go to buy it. Keep that money in Colleyville. On the other hand, is there a way in which the number of I'~quor stores and the distance between each be set by the Council Members? Once a liquor store goes out of business then it would open up that slot for the interested companies to file for the new slot to sate liquor. Thank you, Becky Cast 804 Creekview LN Date: Mon, 13 Sep 2010 08:05:07 -0500 Subject: Home Page htt :/o lstapliquorviHe.aamlHome.php I am just sharing what I have recently seen and read. Amy Shelley Subject: FW: City Council Meeting Tuesday From: ]o Ann GASPER Sent: Monday, September 20, 2010 7:57 PM To: Carol Wollin Subject: City CounCii Meeting Tuesday Hi Carol, I have just received a robo call that has me very upset... . The voters of Colleyville approved providing the City with the authority to have package stares in the City. It appears that NIBYs are now mobilizing to subvert the will of the people of Colleyville. As a resident of Colleyville, I believe that the Planning and Zoning Committee in conjunction with the City Council will make appropriate decisions regarding the location of liquor stores within the city limit. The people who do not want liguor sales in Colleyville lost the election. They are now rabble rousing. Unfortunately, I will be at work tomorrow night and will not be able to attend the Council meeting to support the voters of Colli~yville and the City Council. I am confident that the City Council will support the liquor election and make decisions that are best for the City of Colleyvill~ consistent with the will of the voters. Jo Ann Gasper, MBA, LGCHS President Franklin Park Associates, Ltd. 4103 Paddington Lane Colleyville, TX 76034 Phone: 817-498-2671 Cell: 817-319-5778 Fax: 817-577-2712 Amy Shelley Subject: FW: Liquor Sales in Colleyvi8e From: Michael Mulcahy Sent: Monday, September 20, 2010 7:49 PM To: Ron Ruthven Cc: Milce Mulcahy Subject: Liquor Sales in Colleyville Colleyville City Council Attention: Community Development Director rruthvenCcitcollgyviile.com 100 Main Street Colleyville, Texas 76034 I am a home owner in Colleyvifle, TX and support ALL liquor applications on file. Please accept this letter as written approval to a package (liquor} store at all the proposed locations. Thank you, Michael Mulcahy Signature Michael Mulcahy Print Name 1103 Emerald Ct., Colleyville, TX 76034 Address i Statement of Planning Objectives and Business Description Goody Goody Liquor, inc. (The Company) has been a family owned and operated business since 1964 and is now the second largest package store chain in the state of Texas. The business model is large, clean stores with huge selections and the best pricing in the market. A store this size will carry 7,000 different products from around the world. The proposed location is at 4701 Colleyville Blvd, which is currently being occupied by the Vineyard Antique Mall. The space will be split so that The Company will occupy 28,560 square feet. The finish out will be similar to the Companies' location on Camp Bowie Blvd. In Fort Worth, TX. Photos of that location are attached. Application for TABC licenses will be made at the earliest possible date and will take no more than 90 days. The construction phase will take between four and five months after building permits are issued. Given this timetable, the earliest time the store could be opened would be late January or early February 2011. The store will operate from 10 AM in the morning until 9 PM at night, 6days per week. The store will be closed on all Sundays, Thanksgiving, Christmas day, and New Years day. A store this size will start out employing fifteen people and will grow to twenty employees over the next eight years. Economic Development Information Goody Goody 4701 Colleyville Blvd Year 1 Year 2 Year 3 Year 4 Year 5 Year 6 Year 7 Year 8 Sgft 28,560 28,560 28,560 28,560 28,560 28,560 28,560 28,560 Sales $ 6,000,000.00 $ 7,200,000.00 $ 8,400,000.00 $ 9,400,000.00 $ 10,400.000.00 S 11,400,000.00 $ 12,400,000.00 $ 13,400,000.00 Sales/ft $ 210.08 $ 252.10 S 294.12 S 329.13 $ 364.15 $ 399.18 $ 434.17 $ 469.19 Inventory Value $1,800,000.00 $ 1,800,001.00 S 1,800,002.00 $ 1,800,003.00 $ 1,800,004.00 S 1,800,005.00 $ 1,800,006.00 $ 1,800,007.00 Ad Valorem taxes 2.826% $ 50,868.00 S 50,868.03 S 50,868.06 S 50,868.08 S ., 50,868.11 $ 50,868.14 S 50,868.17 S 50,868.20 Sales taxes 8.25% S 495,000.00 $ 594,000.00 $ 693,000.00 $ 775,500.00 $ 858,000.00 $ 940,500.00 $ 1,023,000.00 S 1,105,500.00 Front Elevation ~@ a -~ Q J ~a V r `" ~ o Z F U ~ > " ~w ass ~~ ~°_ <a'~~< ~~ oz x ~ pN~ U] - a3- QFZiAVirvF QvNi vt~ZpU &m ga. ~~ Qaa µ O O O U 3N ~>~ ~~~ ~~ . ins omo ~ 0 ~~mm ~ w < P~ ~ N~m _ ~ ~ W Z ~ ~ o ~ ~;aa~ ~ ~ J V - N p p ~ (Yp~QQ ~ y "Y -~Y o O ~~ o ~ ° ~ e U Z 0 a W ~~ N r-- - ~~ ~ Z 9 m~ ~~ ~~ C '' I I I i aN~ 'r~~71-1IJ I il~z I . 99~! 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OETACNE~ PYlBN EtEYAT16N • N8 SCALE T~fAlFN1~E•li~28 i~.R t ~`~'i 1 Y~ E •~ *~x xy,,,.ti ~>.M 4.~4 , i ~5[MY 7 f ~(J 6f1~ i(. il? t .~. .n.µm tnv M, sw~w.ca.. a c:SC c.~wi Sqr Ccwrtanf -CUevu. x><N coder Lgwr Gppprad CMAcpt 10370 CxYrcS»c Dr. Dateaa. T~ua 75220 • R~.a Aatln». (iopdY cioodY LuA,ar Cptryv~ ROAD (Flu 28) C.uaey+We, ToxaA •DAtti: 910/12010 ~Rev~SW: • RwiacQ •R~vIeaG4 ~Apprhwe! K M1 ~~ •C~YhHW ApPnpvlt: •2?sb... ... °Ctln+n+Mls; ~aLcae t ~ i trw 3- 11 wrj ~r v+ _a:.~ 1. __ ~ __ MrsMS - ~al~e -~ swz~cs'frs °t ~..~. - 3U 9` ~ ,~. __ _ _.°, g 37` 2 _ ~ I .. ... 523 ~°~ ..... .~.. ,, ,..~:~'~.. ~ '~~~~ '. ~ ~E~ ._.._._ ................... ......_ _. --~ .063 ALUMINUM CLOUD. PTD. GREENPMS 3At5G 5"LARGER THAN LTRS ~~~--~-~-+ W ITN ALL CORNERS SLIGHTLY ROUNDED (NO SHARP CORNERS) NEON TUBING RUBY RED 12AVA OUTUNE0/SIN GLASS HOUSINGS TUBE SUPVanT5 PTD. WHITE CUSS HOUSINGS ..'" ..... ............• RACEWAYS t2"x7"BEHIND GLOU05 TO HOUSE ALI- "~° tRANSFOfUtERS & SECONDARY W10.1NGPTO. TOMATCH fASCM .061 ALLMUNUM RETURNS I.72' OEP'fH PTO. YYFItTE R1S10E . ... ,°~ . ~ '. & GREEN PMS Ia15 G WTSIDE '. 1 " RED dEWEUTE TgyA " . ^-: f,~~ 1/t6"RED PLEXIGU55 ir1CtNGA320D _. _... _.. _._._~ _` ' ~~ g1EY2 __.. RED LEDS su~na~waa .063 ALUMINUM RETURNS S" DEPTH PTA. WHITE iNS10E -- ~ 8 REO WTSIDE. _ ;r RACEWAY 7"zl" TO HOUSEALL POWER SUPPLIES B-_......_. _.._.... ,.._ - SECONDARY WIRING PTD, TO MATCH FASCUICOLOR f~ C9U1! ~+~nNr war E~rxr~oN • No sc~tE 120'•0" STORE FRONTAGE ° ...,...,i ~' ] it'-0"' t t''O" 11u1.Vltixv,4lh~w u,..u tcw rtyf t yr ~nsn~ t s. a•.~Iu t ire-e^r.aim ,~~~~_ ~...~.. ~~~ wry S,rV ~I6f ui ~~L d0a17 tai OC~dY LXRX1f C«px>iu CMkva }6370 CRyrnpc LY. C~RKa~. Taw 75226 • shoi-a Aae..a: Ga~QY Goo6y IKKn cu»yw. Rnro (Ft, 2B> C~r.y,rw, T'awxH ~a,tN,: BnBermsa ^aaws-d: r Rswssd: Ravrtfed: .,~~ a «Apprand.wi LhanpRS =Cxwa++eAppnv~ i ,z { C l'3a~Y ~t~t~~3Y ¢, a" ~! Llt~Ut~R T'•A' W~ME-BEER-~P~RITS ,B"; ;~~~ SICMICETfI'uF~~iE• i~ ~R _~ ue1NET CONSTRUCTION AlIN. .90 ALLMVNUM W17H ALUMINUM ANGLE __. _-..--... _. ~ CONSTRUCTED FRAMEWORK PRUAEO AND RARli'm PER APPROVED COIARING SHERWIN WR.IIAMS x6128 6FlIEWtBLE BLUFF FACE TO 6E p!E CONTINUOUS PIECE. NO SEAMS. `CADDY GDDDY LIQUOR' COPY TO BF ROUTED OUTWITH PUSH THRU - .............'-1 ~~ PI.EI(CUT OUT5. PLEK TO BE CLEAR Vi" THICK WITH ]~M TRANSLIICFNT GREEN VINYL M 76]028 OVERIJIY ON FACE. SIDES i0 BE LEFT CLEAR. ALL PLfX BACKERS TO eE ATTACHED WITH ~ ! STUDS @ NU75. ! R7n:RNAL LIGHTING TO BE F,0 LAMPSF72TIIWi0 (t01 REQUIRED ~°~--~-•°--~•^i ! I ^wIN&BEER-SPIRITS" COPY TO BE ROUTED OUT ANO BACKED UP Wff H ----°-'°"°° °1 WHITE )/15' PLEK WITH RED 3°M M)Al6-]] VINYL LAMINATE. PLEK BACKWG 70 BE ATTACHED WITH STUDS B NUR. t CABINET TO Bf ACCESSED w17H REMOVABLE 70P & It) FACE. REC2sseD scREWS ro BE usED oN wuaLS. Rifle RR RMHAtrR1AtRA~R~R~NR/FR~tNR~ ~ RArY11RAR4~A'RR~ WRIS an>oAt• 'RtYRRRgNMa AtlxAYMU11RrRb1111Rt. , {~~ BRICK, COtICRETE BASE B PRllAAA1' ELECTRIC 70 °°~-°-'°----~ .. ,~~~ ~~.. SIGN 6Y OTHERS t• ~-~ ~~~ 1~iN En~au~s CE'1AC~0 wlI~MENT EiE1Nil0M - MD SCALE 22" t ~_~ ~ Information Received Regarding Existing Sign From: Scott Remphrey Sent: Tuesday, October 05, 2010 4:43 PM To: Ron Ruthven; 'Wade Roper' Cc; Marty Wteder Subject: RE: Goody Goody Ron: As previously discussed, we are not able to legally remove the Pylon sign as it's controlled by the rights of the REA of the Center. if we attempted to remove, we would enter into potential lawsuits with ail involved. The adjacent retail is in Bank Receivership and will be on the market for sale and that signage issue can be addressed with the new owners (the Receivership can't make decisions such as this that may devalue their asset) when that happens. The New owners of the Albertsons has been notified concerning this issue and we are to mee# sometime next week but that would be a long process as well, with no control over what they would agree to or not. We would respectfully submit that the City of Colleyville has the ultimate hammer when the new owners (of the Albertsons and the adjacent retail] have to submit for their ultimate new plans and potential new tenants. We have NO legal control over the removal of the Pylon Sign and don't feel that it is fair for the City to attempt to penalize us as we are the first ones in for approval on our portion of the Center. We have no landscape plans as we have currently have no landscaping area's on our portion to submit for re- landscaping. This portion of the Retail Center has the green belt Easement on the Colleyvilie Blvd frontage with multiple Red Oaks etc. and we have submitted the new store front plans with ivy/plant materials with irrigation in the Planters across the front to `softscape' the building as our landscaping package. We would ask that with the revised Building plans and with the additional expenses incurred by this LP, and now hopefully meeting the City of Colleyville 25 points required, that we be respectfully be approved based upon the current submittal. Scott ~~~~t` r ~~~~~~b ~eath#MM+1 ax~msa a maca iwaa~a Scott Remphrey Principal 4228 N Central Expy Suite #110 Dallas, TX 75206 Tel 214.fi35.4840 ext. 241 Fax 214.594.5600 Mobile 214.fi32.4860 ORDINANCE 0-10-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1 R1, BLOCK 2, OF THE VILLAGE PARK ADDITION LOCATED AT 4701 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC10-024; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-10-XXXX Page 2 of 4 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 package store on Lot 1 R, Block 2, of the Village Park Addition located at 4701 Colleyville Bouelvard, as depicted on Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a package store as depicted on Exhibit "A" and described in Exhibit "B". b. The package store authorized by this Special Use Permit shall not exceed 28,560 square feet in size. c. All landscaping on the subject property shall meet the minimum requirements of Chapter 4-Landscaping and Buffering in the Land Development Code prior to the issuance of the certificate of occupancy. d. All dumpsters shall, at a minimum, be screened per the requirements for dumpster screening in the Land Development Code. e. The main building shall meet a minimum design score of 25, per the requirements of Chapter 6-Building Design in the Land Development Code prior to the issuance of the certificate of occupancy. f. All signs advertising the package store shall meet the following conditions: (1) all signage, including existing signage, shall, at a minimum, meet the minimum requirements of Chapter 7-Sign Regulations in the Land Development Code; (2) Section 108.52 of the Texas Alcoholic Beverage Code is hereby adopted by reference of Ordinance 0-10-XXXX Page 3 of 4 which all requirements pertaining to signage shall apply to this Special Use Permit; (3) Upon abandonment of the business authorized by this Special Use Permit, all signage advertising the package store shall be removed in its entirety at the expense of the business and/or property owner within thirty (30) days of abandonment. g. The package store authorized by this Special Use Permit shall be required to comply with all provisions of the attached Exhibit "D". h. This Special Use Permit shall automatically expire upon the abandonment of the business, change in the use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. i. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a one not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2010. The second reading and public hearing being conducted on the day of 2010. Ordinance 0-10-XXXX Page 4 of 4 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map Exhibit "B" -Statement of Planning Objectives Gandy Goody I.yuor, inc.: ('I"he Crrrnpan}') has been a family owned ~ orated business since: i t)b-3 and is now the second larbest p~~ckat;r store chain in the state of Texas. The business model is tame, clean stores with huge selectiorts and the test pricirt~ in the market. A store this size will carry'I,Ut10 different ~roduct~ Erato around the world. The proposes location is at ~7f-1 t~'c~lteyville Blvd, which is currently being occupied ~by the Vineyarc! Antique Matl_ The space ~vitl be spot so that The Company wilt pup}• 28,564 square feet. "I'he frnish out v~ill be sirtaitar to the (:ompanies' Ic~ratic~n can Camp ~c~~=ie Blvd.: In Fort Worth, T~, Photos cif that location arc: ~ittached. Application i'or TA13C licenses will lac made at the earliest fo5sible date and will take no more thact ~tl days. "!"hc~ constrnctien phase will take be~twecn four and fife months a~.er building permits are issued.. Ciiti~en this timetable, the earliest time- the sure L~7utd be olx-nud woutd be late ,lat~uarti~ or early February 20t 1. The stare will operat; front 10 AM in the mc~ming until '~ PM at night, 6ctays per week. The store will be closed on all Sundays, Thanksgivjtg, Ght~istrnas day, ar-d New 'Years day. /~ store this sire will stat-t out enslaying fifteen ople attd will mow" tc~ two=nt}, employees over the next eight years. Exhibit "C" -Site Plan 1 I I ~ ~ l .~ I .~ i Iil ~~ _ -- -J ~~~_ y~ ~ _ . ~. ,~_,, t- ~ ~~~ ,~ ~. ~~ ~~~ ~., ~~ --___ ___ I ~-.k ~ ___ ------------------ _-- ____~__ _~ ~-~- __ y Nun usr I I I ~,y T ~ ~`"~. Exhibit "D" CRIME PREVENTION RECOMMENDATIONS FOR CONVENIENCE STORES AND PACKAGE STORES Purpose The purpose of these recommendations are to protect the health, safety, and welfare of the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the escalation of crime, and increasing the successful prosecution of crime that may occur in a convenience store or package store in the City. To this end, these recommendations address best practices in crime prevention through environmental design including height markers, visibility into and around the business, alarm systems, physical security, drop safes, surveillance camera systems, and minimum staffing requirements. Definitions Unless otherwise expressly stated, the following terms shall, for the purposes of these recommendations, have the meanings indicated in this section: "Convenience Store" means an establishment designed, intended, adapted or used primarily to provide for consumer shopping of a brief duration, characterized by a limited product mix (generally emphasizing prepared and snack foods, beverages, tobacco products or gasoline/motor vehicle fuel), close-in parking, and limited retail space. "Drop Safe" means a cash management device in which money can be deposited without the depositor having access to the contents. "Employee" means any person listed on the payroll of a convenience store or package store as an employee, whether part-time, full-time, permanent, or temporary. The term does not include a person providing only janitorial or security services to the store. "Height Marker" means a measuring strip that is attached on or near the door frame of doors used for ingress and egress to the store to aid in identifying the height of a person suspected of committing a crime. "Package Store" means a retail establishment that sells "liquor", as defined by the Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise consumption. "Manager" means the person designated as the supervisor or person in charge of the operations of the store. "Owner" means the person or persons who hold title to, leases or has a possessory interest in property for the purpose of operating aconvenience/package store. Height markers A convenience/package store shall have height markers posted at all public exits to aid in obtaining a physical description on any suspicious person or suspect in a criminal offense. Visibility A) A convenience/package store shall maintain an unobstructed line of sight allowing a clear view of and from the cash register and sales transaction area through all windows and public access doors. Such windows and doors must be clear of all items that would obstruct a clear view including, but not limited to, tinting, signage, advertisements, shelving, and merchandise. Such unobstructed line of sight must, at a minimum, extend from three feet above the ground to at least six feet above the ground. B) Landscaping shall be maintained in a manner that allows an unobstructed view of all windows and doors in an attempt to prevent blind spots or places of concealment. Alarm system A) A convenience/package store shall have a silent panic or holdup alarm system for which a permit has been issued by the City. This system shall, at a minimum, include a panic button located within reach of the cash register and out of view of the customer. Such panic button will generate an alarm signal indicating a holdup or other life-threatening emergency requiring a police department response. B) A convenience/package store shall have posted at all public exits and entrances signs or decals indicating that a security alarm system is in use. Entrances and Exits A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40 inches of a breakable surface must be a double cylinder lock. B) Service or delivery entrances shall be equipped with an exterior, high resolution digital video camera or a "peep hole", which enables employees to visually observe the area immediately outside the door. Drop safe A) A convenience/package store shall have a drop safe on the premises to keep the amount of cash available to employees to a minimum. A drop safe must be bolted to the floor and may have atime-delay mechanism to allow small amounts of change to be removed. B) A convenience/package store shall have a written cash accountability policy mandating the maximum amounts of cash that can be kept in cash registers. C) A convenience/package store shall have posted, at or near the point(s) of sale, decals or signs indicating that employees cannot open the safe and that employees have minimum cash on hand. Surveillance camera system A) A convenience/package store shall have a minimum of two, color digital high-resolution surveillance cameras. One camera must have an overall view of the counter/register area and the other camera a view of the main entrance/exit area and both shall display the correct date and time of the recording. B) The entrance/exit area camera shall be placed to provide a clear and identifiable full frame of the filmed individual's face. C) The cameras shall be operated at all times including hours when the store is not open for business. D) The owner or manager shall provide the police department, upon request, digital color images in connection with any criminal investigation. E) The owner or manager shall maintain a library of the recorded digital images for not less than 30 days. F) A convenience/package store shall have posted, at or near the point(s) of sale, signs or decals indicating that surveillance cameras are in use. Minimum Staffing A) A convenience/package store will maintain a minimum staffing of at least two (2) employees on-site at all times when the business is open.