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Agenda Packet P&Z 07/15/2010Planning & Zoning Commission Trophy Club Entities Meeting Agenda 100 Municipal Drive Trophy Club, Texas 76262 Svore Municipal Building Boardroom7:00 PMThursday, July 15, 2010 Call To Order and announce a quorum. Approval of Minutes 1.2010-358-T Review and approve minutes of the June 17, 2010 Planning and Zoning Commission meeting. MeetingMinutes 061710.pdfAttachments: PUBLIC HEARING 2.2010-361-T Public Hearing regarding a request to amend Ordinance No. 99-17 P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Staff Report - PD Amendment - PZ 071510.pdf PD Application.pdf Owner Consent.pdf Public Hearing Notice.pdf Attachments: 3.2010-364-T Public Hearing regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Staff Report - SUP - PZ 071510.pdf SUP Application.pdf Attachments: 4.2010-274-T Public Hearing and Discussion to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual, affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. (AMD-10-007) 071510 Staff Report.pdf Oil and Gas Well Manual.pdf Newspaper Public Hearing Notice.pdf Attachments: REGULAR SESSION Planning and Zoning Commission Page 1 of 41 Meeting Date: July 15, 2010 July 15, 2010Planning & Zoning Commission Meeting Agenda 5.2010-362-T Discussion and Recommendation regarding a request to amend Ordinance No. 99-17 P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) 6.2010-363-T Discussion and Recommendation regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Adjourn *THE BOARD MAY CONVENE INTO EXECUTIVE SESSION TO DISCUSS POSTED ITEMS AS ALLOWED BY THE TEXAS OPEN MEETINGS ACT, TEXAS LOCAL GOVERNMENT CODE 551.071. Notice is hereby given that a quorum of the Town Council may be in attendance at this meeting. CERTIFICATION I certify that the above notice was posted on the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on Monday, July 12, 2010, by 5:00 P.M. in accordance with Chapter 551, Texas Government Code. Carolyn Huggins Community Development Director If you plan to attend this public meeting and have a disability that requires special needs, please contact the Town Secretary’s Office at 682-831-4600, 48 hours in advance and reasonable accommodations will be made to assist you. I certify that the attached notice and agenda of items to be considered by this Board was removed by me from the front window of the Svore Municipal Building, 100 Municipal Drive, Trophy Club, Texas, on the __________ day of ______________________, 2010. ________________________________, Title: ___________________________ Planning and Zoning Commission Page 2 of 41 Meeting Date: July 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-358-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/6/2010 Planning & Zoning Commission On agenda:Final action:7/15/2010 Title:Review and approve minutes of the June 17, 2010 Planning and Zoning Commission meeting. Attachments:MeetingMinutes 061710.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 3 of 41 Meeting Date: July 15, 2010 File #: 2010-358-T, Version: 1 Title Review and approve minutes of the June 17, 2010 Planning and Zoning Commission meeting. Planning and Zoning Commission Page 4 of 41 Meeting Date: July 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Meeting Minutes Planning & Zoning Commission 7:00 PM Svore Municipal Building BoardroomThursday, June 17, 2010 Call To Order and announce a quorum. COMMISSION MEMBERS: Vice Chair James Stephens, Commissioner Mike Davidson, Commissioner Dennis Sheridan, Commissioner Dale Forest, and Chairman Gene Hill Present:5 - Commissioner Clayton ReedAbsent:1 - STAFF AND GUESTS PRESENT: Carolyn Huggins, Planning & Zoning Manager Bill Rose, Town Council Approval of Minutes 2010-273-T1.Review and approve minutes of the May 6, 2010, Planning and Zoning Commission meeting. A motion was made by Vice Chair Stephens, seconded by Commissioner Davidson, that this Agenda Item be Approved. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan, Commissioner Forest, and Chairman Hill 5 - PUBLIC HEARING AND REGULAR SESSION Planning and Zoning Commission Page 1 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 5 of 41 Meeting Date: July 15, 2010 June 17, 2010Planning & Zoning Commission Meeting Minutes 2010-274-T2.Public Hearing and Discussion to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual, affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. (AMD-10-007) Chairman Hill opened the public hearing. Ms. Huggins stated that she is asking this evening for direction from the Planning and Zoning Commission as to how to move forward to consider a change to the Oil and Gas Well Manual. As background, Neighborhood 8 of The Highlands was recently approved for a preliminary plat and during consideration of that plat the issue was raised regarding the decibel noise level during refracing operations and whether or not the decibel level allowed by Trophy Club is adequate protection for the residential lots adjacent to a gas well. Ms. Huggins reviewed the locations of the six gas well sites, all of which are located in The Highlands: Well Site 2H, Neighborhood 1 Well Site 8H, Neighborhood 2 Well site 7H, Neighborhood 6 Well Sites 3H and 15H, Neighborhood 7 Well Site 4H, Neighborhood 8 In Neighborhood 1, nine residential lots have been platted adjacent to Gas Well Site 2H, possibly 9 additional lots will be platted adjacent to the well site. In Neighborhood 2, there are nine platted lots adjacent to Gas Well Site 8H. No further residential lots will be platted adjacent to the well site. In Neighborhood 6, no lots have been final platted adjacent to Gas Well Site 7H, but the preliminary plat approved in December 2006 indicates the possibility of approximately six lots adjacent to Gas Well Site 7H. In Neighborhood 7, no lots have been final platted adjacent to Gas Well Sites 3H or 15H, but the preliminary plat approved in December 2006 indicates the possibility of a total of approximately 14 lots adjacent to the well sites. In Neighborhood 8, seventeen (17) residential lots have been preliminary platted adjacent to Gas Well Site 4H. There are approximately 64 residential lots adjacent to gas well sites in Trophy Club. There was a seventh well site location in Trophy Club, north of the High School, but that well has been capped and Encana indicated they have no future plans for that site. Ms. Huggins explained that the Oil and Gas Well Drilling and Production ordinance is part of the Zoning Ordinance, Chapter 13 of the Town’s Code of Ordinances. That ordinance specifies that a Specific Use Permit (SUP) is required to drill a gas well in Trophy Club and that ordinance outlines the requirements for an SUP application. It also outlines the requirements for the permitting process for drilling a gas well if an SUP is approved. Finally, it outlines the requirements for amending a permit. The Oil and Gas Well Drilling and Production ordinance in Chapter 13 also states that a gas well SUP shall adhere to the standards set forth in the Oil & Gas Well Manual located in Chapter 5-General Land Use of the Town’s Code of Ordinances. It is this Planning and Zoning Commission Page 2 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 6 of 41 Meeting Date: July 15, 2010 June 17, 2010Planning & Zoning Commission Meeting Minutes manual that the Commission will be reviewing and considering for revision. The Gas Well Manual was included in the Commissioners packet. Staff is reviewing Sections 2 through 6 of the manual for possible revisions: Section 2: On-Site Requirements Section 3: Operations and Equipment Practices and Standards Section 4: Storage Tanks and Separators Section 5: Flow Lines and Gathering Lines Section 6: Additional Safety and Environmental Requirements Ms. Huggins stated that she spoke with an Encana representative and was informed that all six well sites have producing wells. The produced gas moves from the well sites through horizontal pipes that run along Trophy Park Drive, Trophy Club Drive, and Bobcat Blvd. to a compression station in Roanoke where the gas is compressed and then taken offsite by pipeline. Encana has long term leases on each of the well sites. They indicated that the average life of a well is 30 years. Encana’s terminology is very specific. Encana indicates different stages of a well: drilling, completion, producing. Refracing can occur during the “producing” life of a well. Encana stated that there are a small percentage of gas wells that are actually refraced. Refracing does not occur unless the well gives a higher rate of decline than expected or doesn’t perform as expected. Refracing takes an average of one week if refracing is allowed 24 hours a day. Most towns do not allow 24 hour a day fracturing operations; most allow 12 hours, and if the Town limits the hours of refracing to 12 hours then Encana indicated refracing would take an average of two weeks. One of the items being considered for revision is located in the Gas Well Manual, under Item No. 3, Operations and Equipment Practices and Standards, which deals with noise levels of internal combustion engines. Encana indicated that internal combustion engines are used during refracing. The average decibel level of an internal combustion engine is 100 decibels. Vice Chairman Stephens asked at what distance? Ms. Huggins didn’t know but would ask that question of Encana. Most Towns require sound abatement at 100 decibels. Ms. Huggins stated that staff asks for a continuation of this public hearing to the July 15, 2010 P&Z meeting for further discussion. Chairman Hill stated that there are six well sites, but there are more wells than just six. He believed there were about 17 permits issued. Ms. Huggins stated that there are anywhere from four to eight wellheads on each site. She will ask Encana to provide that information. Chairman Hill stated that it is his experience that any oil and gas company refracs a gas well when it drops to a level that it is not economical to keep it going. The economic level depends on the company and the economy. With gas prices at 25 cents per 1000 cubic feet, they can let it drop quite a bit. If it gets down to where it is right now at 8 cents per 1000 cubic feet, they will want to refrac sooner. Councilman Bill Rose stated that he is surprised that Encana would say that it takes two weeks to refrac a well – “perhaps if that’s a complete workover of the well, but actual fracing operation boils down to less than 6 hours actual operation of the equipment. The 100 decibel level is an interesting number. Is that for one engine? There might be anywhere from six to twelve engines operating on a site at a time so it could be a very noisy operation for a shorter duration than what is indicated.” He encouraged the Commission to take a look at the regulations as brought up during consideration of Neighborhood 8. The Council reduced the distance from wellhead to Planning and Zoning Commission Page 3 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 7 of 41 Meeting Date: July 15, 2010 June 17, 2010Planning & Zoning Commission Meeting Minutes habitable structure to allow more full development of the area – reducing the distance to 200-ft. – the standard in Ft. Worth. He stated that it is his thought that since Council has made that the acceptable standard he suggests “seriously taking a look at Ft. Worth’s oil and gas regulations on the standards that they have”. He stated that “ours” says, “The noise level during fracing operations shall reduce the noise to not more than eighty (80) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines.” He stated that he finds this interesting in that as he reads that particular statement in the regulation he interprets it to mean “that it would be possible to have the 100 decibel situation exceeding the 80-ft. and the gas company could come in and put up a sound curtain and it may reduce it to 90 decibels and still comply with our regulation. Even though they have something greater than 80 they made an attempt to fix it even though they didn’t fix it.” Mr. Rose stated that he would suggest looking at Ft. Worth seriously. “It states that for fracing if it exceeds the ambient noise level by more than 10 decibels over the daytime average ambient noise level then sound curtains must be put in place to offset the noise. They have another one that is not fracing and if you exceed the noise level by 5 decibels then you have to make those adjustments.” Mr. Rose also quoted Ft. Worth’s regulations regarding exceeding noise levels during flow back operations. He mentioned free flow versus flow back and asked the Commission to look at that. He mentioned stages of the well and Ft. Worth’s classifications of a gas well. He asked that all areas of the Ft. Worth regulations be looked at. Chairman Hill stated that redrilling usually occurs when the hole was totally lost somewhere and they go back in to offset it, which would be redirection. Perforating is usually done on a 4-ft. interval with a 60-ft. long sector and if there are gaps in it they could go back and shoot in there. Chairman Hill gave an explanation of fracing/refracing and reperforating, but it is difficult to hear on the tape as he is soft-spoken. He stated that he doubts that there would be very much redrilling in Trophy Club. Mr. Rose had a few more comments in response to Chairman Hill’s comments. Vice Chairman Stephens stated that Trophy Club’s regulations allow 80-decibels at 300-ft. and that an enclosure is required. He stated that he would like to be very clear and specific with what is required if the noise level exceeds 80 decibels in order to bring that level back below acceptable decibels. Chairman Hill stated that sound frequency is also a factor. He suggested that help with sound expertise might be needed. Vice Chairman Stephens asked for an explanation of flow back. Chairman Hill stated that Commissioner Reed [absent tonight] might be able to give an explanation of flow back and noise associated with it. Commissioner Sheridan noted that he has heard a hissing noise at a well with water coming out of it. A short discussion followed of possible causes for a hissing sound. Commissioner Davidson stated that he drew a 300-ft. perimeter around each well site, and that perimeter encompasses more lots than just the lots adjacent to well sites. If the ordinance is left as is and the gas well company meets the requirements for noise decibel levels, there may be a lot of people living close to the well sites who will have uncomfortable noise levels. The noise level will increase in proportion to the distance, obviously, and it may be uncomfortable for residents living close to gas wells. Mr. Davidson feels that something needs to change. Commissioner Sheridan asked for answers on the following questions: • Is there any possibility that there will be further drilling in Trophy Club? • There is on-going concern about hazardous air around gas well facilities. Does Planning and Zoning Commission Page 4 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 8 of 41 Meeting Date: July 15, 2010 June 17, 2010Planning & Zoning Commission Meeting Minutes that mean wellheads? Collection stations? Or Processing Stations or whatever they are called. What about along pipelines? What about while fracing operations are occurring? • Can a compressor facility be placed in Trophy Club? • How close to Town limits is the compressor facility in Roanoke? • In the Gas Well Manual, Item No. 3. a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. Define “adequate”. • Item 3. d. references “300-ft. from the boundary of the drill site” and habitable structures are now 200-ft. from the wellhead (as previously pointed out by Commissioner Davidson), and a sound reduction enclosure has to be put in place if the noise decibel level reaches a certain point, but the manual doesn’t specify that it has to do anything, it just has to be there. • Since the life of a well is 30 years and during that time we will experience increases in technology, how do we have contingencies for operations in the future that we don’t know about yet. • Under “Safety and Environmental Requirements” of the Gas Well Manual, it states, “Each producing 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. Based on recent events in the Gulf, does this occur at the time that the wellhead is created or are there periodic updates based on automated valves. For example, if the current valves were no longer the most effective, or a year from now there are better valves, is there any stipulation (in the SUP, for instance) that the valves be updated to the current technology? Who determines if the valves are working properly and/or need to be updated? • Item No. 7, Supplemental Drilling, seems to indicate they have the right to come back in and do additional drilling (full fledged drill rig). Commissioner Sheridan stated that production figures are available through the Texas Railroad Commission. He also asked whether or not Trophy Club allows refracing 24 hours a day, right now. Chairman Hill responded that he didn’t believe the noise ordinance would allow it. Chairman Hill stated that this discussion will continue at the July 15, 2010, Planning and Zoning Commission meeting. A motion was made by Vice Chair Stephens, seconded by Commissioner Sheridan, that this Agenda Item Public Hearing and Discussion be Continued at the July 15, 2010, Planning & Zoning Commission meeting. The motion CARRIED by the following vote: Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan, Commissioner Forest, and Chairman Hill 5 - Adjourn This meeting Adjourned 7:56 p.m. Planning and Zoning Commission Page 5 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 9 of 41 Meeting Date: July 15, 2010 June 17, 2010Planning & Zoning Commission Meeting Minutes _________________________________________ Gene Hill, Chairman _________________________________________ Carolyn Huggins, Planning & Zoning Manager Planning and Zoning Commission Page 6 of 6 Meeting Date: May 6, 2010Planning and Zoning Commission Page 10 of 41 Meeting Date: July 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-361-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/11/2010 Planning & Zoning Commission On agenda:Final action:7/15/2010 Title:Public Hearing regarding a request to amend Ordinance No. 99-17 P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Attachments:Staff Report - PD Amendment - PZ 071510.pdf PD Application.pdf Owner Consent.pdf Public Hearing Notice.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 11 of 41 Meeting Date: July 15, 2010 File #: 2010-361-T, Version: 1 Title Public Hearing regarding a request to amend Ordinance No. 99-17 P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10- 035) Planning and Zoning Commission Page 12 of 41 Meeting Date: July 15, 2010 PLANNING AND ZONING COMMISSION July 15, 2010 SUBJECT: Public Hearing regarding a request for approval of an amendment to Ordinance No. 99-17 P&Z, Planned Development No. 21, to allow Outdoor Display of propane, for sale inside the store. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP, on behalf of Walgreens Co. (PD-AMD-10- 035) PURPOSE: The applicant, Walgreen Co., represented by Karen Thiessen, Gardere Wynne Sewell LLP, is requesting approval of an amendment to Ordinance No. 99-17 P&Z, Planned Development No. 21 (PD-21) to allow Outdoor Display of propane, for sale inside the store. Walgreens #06047 is located at 541 Trophy Lake Drive (Tract 3) in the “Plaza” shopping Center, Planned Development No. 21 (PD-21). PROPERTY OWNER: Larry and Laurie Ann Scott 1915 Yorkshire Ct. Lincoln, NE 68506 APPLICANT: Walgreen Co./Walgreen #06047 541 Trophy Lake Dr. Trophy Club, TX 76262 PERMITTED USES: All uses listed in Section 13 of the Use Table in the Comprehensive Zoning Ordinance under divisions E-Professional, F-Business, and G- Retail, and other uses as specifically listed in PD-21, Exhibit C, and as amended by ordinance. ADJACENT ZONING/EXISTING LAND USES: North: CG/Undeveloped South: State Highway 114 East: CR/undeveloped West: R-8 Village West/Single Family Residential R-12 Residential/Church Planning and Zoning Commission Page 13 of 41 Meeting Date: July 15, 2010 STAFF COMMENTS - PROPANE SALES: Walgreens #06047 requests permission to permanently display propane on the sidewalk of the store, for sale inside the store. PD- 21 was approved in July 1999, and the Development Standards, Exhibit C, of PD-21 allow outdoor display “only on the sidewalk in front of the grocery store”. The applicant asks that the item be amended to allow propane storage on the sidewalk of the Walgreens store. The propane storage cabinets are approximately: 6-ft. 8-inches length 2-ft, 3-inches width 6-ft. height The Walgreens store currently has two cabinets on the sidewalk in front of the store. As shown above, the cabinets are on the sidewalk between two brick columns. The Building Inspector has measured the distance from cabinet to column and determined that there is clearance to meet ADA standards. The Fire Chief has reviewed the request and has no objection to the request. Staff recommends approval of an amendment to the Planned Development to allow outdoor display of propane for sale inside the store with a stipulation limiting the number and size of the propane cabinets allowed on the sidewalk [i.e., to no more than two cabinets, each cabinet to be no more than 6’8” in length, 2’3” in width, and no more than 6’ in height], and with the stipulation that no other outdoor display of any kind is allowed. Planning and Zoning Commission Page 14 of 41 Meeting Date: July 15, 2010 PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of the shopping center were notified of this request. Copies of the notices are attached. No comments have been received in support or opposition to this request. (ch) Attachments: Application for PD Amendment Owner Consent Letter Notice of Public Hearing Planning and Zoning Commission Page 15 of 41 Meeting Date: July 15, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 6 o f 4 1 M e e t i n g D a t e : J u l y 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 7 o f 4 1 M e e t i n g D a t e : J u l y 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 8 o f 4 1 M e e t i n g D a t e : J u l y 1 5 , 2 0 1 0 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 1 9 o f 4 1 M e e t i n g D a t e : J u l y 1 5 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-364-T Name: Status:Type:Agenda Item Regular Session File created:In control:Planning & Zoning Commission On agenda:Final action: Title:Public Hearing regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Attachments:Staff Report - SUP - PZ 071510.pdf SUP Application.pdf Action ByDate Action ResultVer. Planning and Zoning Commission Page 20 of 41 Meeting Date: July 15, 2010 File #: 2010-364-T, Version: 1 Title Public Hearing regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10- 035) Planning and Zoning Commission Page 21 of 41 Meeting Date: July 15, 2010 PLANNING AND ZONING COMMISSION July 15, 2010 SUBJECT: Public Hearing regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP, on behalf of Walgreens Co. (PD-AMD-10- 035) PURPOSE: The applicant, Walgreen Co., represented by Karen Thiessen, Gardere Wynne Sewell LLP, is requesting approval of a Specific Use Permit (SUP) to allow beer and wine sales for off-premise consumption only. Walgreens #06047 is located at 541 Trophy Lake Drive (Tract 3) in the “Plaza” shopping Center, Planned Development No. 21 (PD-21). PROPERTY OWNER: Larry and Laurie Ann Scott 1915 Yorkshire Ct. Lincoln, NE 68506 APPLICANT: Walgreen Co./Walgreen #06047 541 Trophy Lake Dr. Trophy Club, TX 76262 PERMITTED USES: All uses listed in Section 13 of the Use Table in the Comprehensive Zoning Ordinance under divisions E-Professional, F-Business, and G- Retail, and other uses as specifically listed in PD-21, Exhibit C, and as amended by ordinance. ADJACENT ZONING/EXISTING LAND USES: North: CG/Undeveloped South: State Highway 114 East: CR/undeveloped West: R-8 Village West/Single Family Residential R-12 Residential/Church Planning and Zoning Commission Page 22 of 41 Meeting Date: July 15, 2010 STAFF COMMENTS - BEER AND WINE SALES: Selling beer and wine requires a license from the Texas Alcoholic Beverage Code (TABC). In the Town of Trophy Club, per the Zoning Ordinance, “no persons shall manufacture, sell, offer for sale, distribute or engage in any other activity for which a permit or license is required by the Texas Alcoholic Beverage Code within the Town without first obtaining a Specific Use Permit to do so from the Town.” To grant an SUP, the premises used for the sale of alcoholic beverages shall comply with all applicable Town Codes as follows: Beer and Wine Only: A building utilized for the retail sale of beer and/or wine for off premises consumption only shall be inspected and shall comply with all applicable local regulations, including but not limited to building codes, fire codes, plumbing codes, electrical codes and ordinances. The Code Enforcement Officer and the Building Inspector for the Town of Trophy Club state that Walgreens #06047 appears to be in compliance with all of the above. No alcoholic beverage may be sold within three hundred feet (300’) of a church, public school or private school, or public hospital. The Building Inspector has verified that there are no such facilities within 300’ of Walgreens #06047. A church is the closest facility and it lies 1,616’, measuring front door to front door in accordance with the terms of the Town’s ordinance and the Texas Alcoholic Beverage Code. The following general conditions apply to all SUPs allowing the sale of beer and wine for off premises consumption only:  Design and operate the establishment in such a manner that the proposed use shall not substantially increase traffic congestion or create overcrowding in the establishment or in the immediate surrounding area. Operate the establishment in such a manner as to minimize disturbance to surrounding property owners. Walgreens #06047 has been operating for some time in the Town of Trophy Club, primarily as a neighborhood drug store. Walgreen Co. does not expect the sales of beer and wine to substantially increase traffic congestion as they anticipate alcoholic beverage gross receipts to be below 7.5% of its total gross receipts for this location. They do not believe overcrowding in the establishment or immediate surrounding area will be a problem as the sales of beer and wine is for off-premise consumption only and as there is a Tom Thumb store in the same shopping center currently selling beer and wine for off premise consumption thus a consumer wishing to purchase beer or wine may pick either establishment to purchase their product. No disturbances to surrounding property owners should occur.  Applicant shall, at all times, provide an adequate number of employees for security purposes to adequately control the establishment premises to prevent incidents of Planning and Zoning Commission Page 23 of 41 Meeting Date: July 15, 2010 drunkenness, disorderly conduct and raucous behavior. The applicant shall consult with the Chief of Police who shall act in an advisory capacity to determine the number of qualified employees necessary to meet his/her obligation hereunder. Walgreen Co. indicates that they are committed to providing for the safety and well being of its customers. As a dispenser of both prescription and over-the-counter drugs, Walgreens is experienced in providing control over its establishment for the benefit of all its customers. The applicant has contacted Police Chief Kniffen and has provided the following information in response to Chief Kniffen’s inquiries: All Walgreens employees will receive alcohol training but only employees 21 or older would be permitted to sell alcoholic beverages. There are typically seven employees in the store at any given time who are over 21 years of age. Walgreens has provided to the Police Chief the location in the store where the beer and wine will be located. Chief Kniffen finds that the location is suitably distant from the front door to discourage theft. The Police Chief’s inquiries have been satisfied. The Applicant must comply with applicable licensing and permit provisions of the Texas Alcoholic Beverage Code and Walgreens Co. has indicated that they will apply for a Beer & Wine Off-Premise Permit with TABC if Town approval of an SUP is given. Walgreen Co. has indicated that they are committed to compliance in regards to the licensing and permitting provisions of TABC and will uphold high standards. In addition, Walgreen Co. states that it is a socially responsible corporate citizen of Trophy Club and is committed to continuing its great efforts in community outreach. Last fiscal year, Walgreen Co. provided over $20 million worth of product to the nation’s largest network of food banks, provided more than a million free health screenings, and supports a variety of health care and education-related organizations. Walgreen Co. states that great care will be extended to ensure the proper and lawful sale of beer and wine should an SUP be granted. STAFF RECOMMENDATION: A specific use permit runs with the property and is not affected by a change in the owner or lessee of a permitted establishment. A specific use permit is revoked if the use for which the SUP was granted ceases to be operated at the permitted location for a minimum period of six (6) continuous months. Staff has reviewed Walgreen’s request for an SUP and recommends approval of the Specific Use Permit for sale of beer and wine for off-premise consumption. PUBLIC HEARING: As required by ordinance, a notice of public hearing was published in the local newspaper and property owners within 200-ft. of the shopping center were notified of this request. Copies of the notices are attached. No comments have been received in support or opposition to this request. Planning and Zoning Commission Page 24 of 41 Meeting Date: July 15, 2010 (ch) Attachments: Application for SUP Owner Consent Letter Notice of Public Hearing Planning and Zoning Commission Page 25 of 41 Meeting Date: July 15, 2010 P l a n n i n g a n d Z o n i n g C o m m i s s i o n P a g e 2 6 o f 4 1 M e e t i n g D a t e : J u l y 1 5 , 2 0 1 0 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-274-T Name: Status:Type:Agenda Item Public Hearing File created:In control:5/7/2010 Planning & Zoning Commission On agenda:Final action:7/15/2010 Title:Public Hearing and Discussion to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual, affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. (AMD-10-007) Attachments:071510 Staff Report.pdf Oil and Gas Well Manual.pdf Newspaper Public Hearing Notice.pdf Action ByDate Action ResultVer. Planning & Zoning Commission6/17/2010 1 Planning and Zoning Commission Page 27 of 41 Meeting Date: July 15, 2010 File #: 2010-274-T, Version: 1 Title Public Hearing and Discussion to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual, affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. (AMD-10-007) Planning and Zoning Commission Page 28 of 41 Meeting Date: July 15, 2010 PLANNING AND ZONING COMMISSION MEMORANDUM July 15, 2010 SUBJECT: Continuation of Public Hearing and Discussion to Consider changes to the Town of Trophy Club Code of Ordinances, Chapter 5-General Land Use, Article VI-Oil and Gas Well Manual, affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. (AMD-10-007) Representatives from Encana Oil and Gas (USA) Inc., the long-term leaseholder of the gas well sites in Trophy Club, will be present at the July 15, 2010, Planning and Zoning Commission meeting to give a brief overview of the gas drilling process, followed by an opportunity for a question and answer session with the Commission. Becky Escott, Community Relations Coordinator for Encana will be bringing representatives from the Technology Group who have expertise in drilling, completion, and refracing, as well as expertise in environmental concerns. PUBLIC HEARING: A notice of public hearing must be published in the local newspaper fifteen (15) days prior to a hearing for a text amendment. A notification was placed in the newspaper as required. 1st Hearing Date: June 17, 2010. Publication Date: June 2, 2010. At the June 17, 2010 Planning and Zoning Commission meeting, the public hearing was continued to July 15, 2010. Attachment: Article VI, Oil and Gas Well Manual Public Hearing Notice Planning and Zoning Commission Page 29 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use Article VI Oil and Gas Well Manual Section 6.01 Standards For Oil and Gas Well Drilling and Production A The drilling and production of an oil or gas well by right or by a Specific Use Permit required by this Article shall include the following standards: 1. Compliance With The Development Site Plan Drilling or production of a well shall not begin until an Oil or Gas Well Development Site Plan is on file and is in compliance with the provisions outlined in this Article and Chapter 13, Section 5.12 of the Code of Ordinances, following approval by the Town Council upon recommendation from the Planning & Zoning Commission. a. The Development Site Plan shall provide for adequate sanitation facilities, access roads, drainage, erosion control and other necessary supporting facilities identified on the Well Development Site Plan. b. The design, location, and arrangement of all driveways and parking spaces shall provide for the safe and convenient movement of vehicular and pedestrian traffic without adversely affecting the general public or adjacent developments. c. A Road Repair Agreement shall be filed with the Community Development Department of the Town. 2. On-Site Requirements a. A secured entrance gate and a sign shall be required. The sign identifying the entrance to the drill site or operation site shall be reflective. b. Temporary six-foot (6’) chain link or approved alternative fences shall be required to surround drill sites during initial drilling and completion, and shall be locked when no operations personnel are present. c. A removable masonry product wall surrounding producing sites shall be of sufficient height to shield the permanent enclosed equipment from view or seven and one-half feet (7.5’) in height at the top of the wall, whichever is greater, and a wrought iron gate that is a minimum twenty-four feet (24’) wide clear opening, and the gate shall remain locked at all times when no one is present. Fencing facing the thoroughfare will be permanent masonry. (Ord. No. 2007-32 P&Z, § II, Sec. 6.01(A)(2)(c), 11-19-07) d. No refining process, or any process for the extraction of products from gas, shall be carried on at a drill site or operation site, except that a dehydrator and separator may be maintained on a drill site or operation site for the separation of liquids from gas. Any such dehydrator or separator may serve more than one well. Gas Compressor Facilities shall require a Specific Use Permit. All production equipment on an operation site shall be painted and maintained at all times, including pumping units, storage tanks, buildings, and structures. e. Permanent weatherproof signs reading “DANGER NO SMOKING ALLOWED” in a minimum of four inch (4”) lettering shall be posted at the entrance of each drill site and Planning and Zoning Commission Page 30 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use operation site. The sign shall include the phone number for emergency services (9-1-1), the name and phone number for the operator, and the well designation required by the Railroad Commission in two inch (2”) lettering. f. No person shall place, deposit, or 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 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 or sewer, any body of water, or any private property within the corporate limits of the Town. g. All electric lines to production facilities shall be located underground in a manner compatible to those required to be installed in the surrounding areas or subdivision and shall comply with the Town Building Code. h. 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. i. No operator shall excavate or construct any lines for the conveyance of fuel, water, gas or petroleum liquids on, under, or through the streets or alleys or other land of the Town without an easement or right-of-way license from the Town, at a price to be agreed upon, and then only in strict compliance with this Article, with other Codes of the Town, and with the specifications established by the Town. j. The digging up, breaking, excavating, tunneling, undermining, breaking up, or damaging of any public street or leaving upon any public street any earth or other material or obstruction, is prohibited unless the operator has first obtained written permission from the Community Development Department, and then only in compliance with specifications established by the department. k. No Oil or Gas Well Permit shall be issued for any well to be drilled within any of the streets or alleys of the Town and/or streets or alleys shown by the Comprehensive Land Use Plan, and no street shall be blocked or encumbered or closed due to any exploration, drilling, or production activities unless prior consent is obtained from the Community Development Manager, and then only temporarily. 3. Operations and Equipment Practices and Standards a. Adequate nuisance prevention measures shall be taken to prevent or control offensive odor, fumes, dust, noise and vibration. b. No person shall permit any lights located on any drill or operation site to be directed in such a manner so that they shine directly on public roads, adjacent property or property in the general vicinity of the operation site. To the extent practicable and taking into account safety considerations, site lighting shall be directed downward and internally so as to avoid glare on public roads and adjacent dwellings and buildings within three hundred (300’) feet. c. The operator shall at all times comply with the rules and regulations of the Railroad Commission including but not limited to all applicable Field Rules. d. Internal combustion engines may be used in drilling and producing operations if they have mufflers that will reduce noise to not more than seventy (70) decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. The noise level during fracing operations shall reduce the noise to not more than eighty (80) Planning and Zoning Commission Page 31 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use decibels at any point three hundred feet (300’) from the boundary of the drill site or operation site. If noise levels at a distance of three hundred feet (300’) exceed eighty (80) decibels, a sound reduction enclosure shall be required around a drilling rig and any internal combustion engines. Only electric motors shall be used for the purpose of pumping oil wells. Electric motors shall be used for compressors located at gas well Specific Use sites. e. There shall be no venting of gas into the open air in residential areas except as allowed by the Railroad Commission and as approved by the Fire Marshall. In parallel to gas gathering pipeline, a flow back line shall be installed to handle water and gas flow back following well fracture treatment. f. Vehicles, equipment, and machinery shall not be placed or located on a drill site or operation site or on any public street, alley, driveway, or other public Right-of-Way in such a way as to constitute a fire hazard or to unreasonably obstruct or interfere with fighting or controlling fires. g. Well servicing operations shall be scheduled to occur between the hours of 7am-6pm, in accordance with the Town’s Code of Ordinances. h. Air, gas, or pneumatic drilling shall not be permitted. i. For vehicular safety reasons, it shall be the applicant’s responsibility to immediately notify the Town of any substantial accumulations of dirt, dust, mud or other debris deposited on Town thoroughfares by vehicles involved in the well drilling or servicing or pipeline installation process. If Town personnel or other third parties are used for the removal, the cost of such removal shall be paid by the applicant. 4. Storage Tanks and Separators a. An operator is allowed to construct, use, and operate such storage equipment and separation equipment as shown on the application for the Oil & Gas Development Site Plan approved by the Planning & Zoning Commission and the Town Council. b. The use of centralized tank batteries is permitted as shown on the applicable Development Site Plan. c. No meters, storage tanks, separation facilities, or other above ground facilities shall be placed in the one hundred (100) year floodplain. 5. Flow Lines and Gathering Lines a. Each operator shall place an identifying sign at each point where a flow line or gathering line crosses a public street or road. b. Each operator shall place a warning sign for lines carrying H2S (Hydrogen Sulfide) gas as required by the Railroad Commission. If a gas field in the Town is identified as a H2S gas field the operator shall be required to cease operations. c. All flow lines and gathering lines within the corporate limits of the Town (excluding Town utility lines and franchise distribution systems) that are used to transport oil, gas, and/or water shall be limited to the maximum allowable operating pressure applicable to the pipes installed and shall be installed with at least the minimum cover or backfill specified by the American National Safety Institute Code, as amended. Planning and Zoning Commission Page 32 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use d. Easements must be acquired for all flow lines, gathering lines and flow back lines. The location of easements shall be shown in a map approved by the Planning & Zoning Commission and the Town Council prior to the installation of any pipelines. e. Structures shall not be built over flow lines or gas gathering pipelines. f. The location of all pipelines must be marked with warning signs in accordance with industry standards. Within the Town of Trophy Club, the distance between such signs shall not exceed five hundred feet (500’). In addition, during backfill of pipeline excavations, “Buried Pipeline” warning tape shall be buried one foot (1’) above the pipeline to warn future excavators of the presence of buried pipeline. 6. Additional Safety and Environmental Requirements a. The drilling and production of oil and gas and accessing the oil or gas well site shall be in compliance with all State and Federal environmental regulations and shall not occur within Environmentally Sensitive Areas designated by the Corps of Engineers. b. Oil and Gas wells may have a target location or bottom-hole location that is under an Environmentally Sensitive Area when the oil or gas well is drilled directionally from a location outside the Environmentally Sensitive Area. c. Each producing 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. Storage tank facilities shall be equipped with a secondary containment system including lining with an impervious material. The secondary containment system shall be of a sufficient height to contain one and one-half (1½) times the contents of the largest tank in accordance with the Fire Code, and the impervious liner shall be covered with at least one foot (1’) of sand. Drip pots shall be provided at pump out connections to contain the liquids from the storage tank. f. Tank battery facilities shall be equipped with a remote foam line utilizing a 2.5” National Standard Hose Thread female inlet connection in locations approved by the Fire Department. A lightning arrestor system shall be installed according to the most current edition of the National Electrical Code. g. An approved Hazardous Materials Management Plan shall be on file with the Fire Department. The costs of cleanup operations due to hazards associated with a well site shall be the responsibility of the applicant. h. All wells shall be abandoned in accordance with the rules of the Railroad Commission; however, all well casings shall be cut and removed to a depth of at least ten feet (10’) below the surface. i. No structures shall be built over an abandoned well. j. No salt-water disposal wells shall be located within the Town of Trophy Club. k. An impervious lining of all pits shall be required. Planning and Zoning Commission Page 33 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use l. Following completion of drilling operations or when a drill site is abandoned the operator shall restore the site within sixty (60) days as near as practical to its pre-drilling condition. 7. Supplemental Drilling a. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the conditions for the applicable Specific Use Permit or underlying zoning classification that permits oil and gas development by right. The operator shall provide the Planning & Zoning Coordinator a copy of additional Railroad Commission permits that allow drilling to a deeper depth. b. Supplemental drilling to deepen or directional drill an existing well shall be conducted in accordance with the approved Oil and Gas Well Permit for the well on file with the Town. 8. Drilling and production of oil and gas wells shall comply with all local, State and Federal laws applicable to oil and gas well drilling, production and operations. (Ord. No. 2007-32 P&Z, § II, Sec. 6.01(A)(2)(c), 11-19-07, Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Hours of Well Servicing Operations), Chapter 8, § 1.01; (Oil & Gas Well Manual), Chapter 13, § 5.12 Planning and Zoning Commission Page 34 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use Section 6.02 Requirements Specific to an Oil and Gas Well Development Site Plan A Any person who proposes extraction of oil or gas on a tract of land located within the corporate limits of the Town of Trophy Club shall prepare an Oil or Gas Well Development Site Plan. In addition to the requirements outlined in the Oil and Gas Well Development Site Plan Checklist, the following shall apply: 1. All proposed oil or gas developments shall be in compliance with the Specific Use Permit applicable to the oil or gas well location; 2. Erosion control is required and shall comply with all local, State and Federal requirements. The operator shall file a copy of the Storm Water Pollution Plan if required by the EPA; 3. Reserve pits shall be lined to prevent water pollution; 4. With the exception of vehicular access, no development is allowed in a floodplain; 5. Prior to approval of an Oil or Gas Well Development Site Plan, a Road Repair Agreement that will obligate the operator to repair damage to public streets, including but not limited to bridges, caused by the operator (or by the operator’s employees, agents, contractors or representatives) in the performance of any activity authorized by or contemplated by the approved Oil or Gas Well Permit must be executed with the Town of Trophy Club. The Town Manager shall have the authority to execute the Road Repair Agreement upon approval by the Town Council; and 6. A video documenting the existing conditions will be required prior to approval of the Road Repair Agreement. 7. An Oil & Gas Well Development Site Plan shall: a. Identify truck routes and access points; and b. Identify Environmentally Sensitive Areas (ESA’s) including floodplains and any proposed floodplain, creek and stream crossings. i. All floodplain, creek and stream crossings, if not at grade, shall be designed to a 10-year storm frequency. ii. All floodplain crossings shall have no negative affects on surrounding property. iii. A drainage study sufficient to substantiate the above requirements will be required as part of the submittal if crossings are proposed. c. Identify and indicate the proposed method of erosion control. 8. The drilling rig and associated drilling equipment shall be removed from the well site within thirty (30) days of the completion of the well or drilling activities. (Ord. No. 2003-12 P&Z, § II, 8-4-03) Code of Ordinances Cross Reference: (Oil & Gas Well Site Plan), Chapter 13, § 5.12 Planning and Zoning Commission Page 35 of 41 Meeting Date: July 15, 2010 Chapter 5 – General Land Use Section 6.03 Penalty It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision of this Ordinance shall be fined, upon conviction, not less than One Dollar ($1.00) nor more than Two Thousand Dollars ($2,000.00), and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. (Ord. No. 2003-12 P&Z, § III, 8-4-03) (Code of Ordinances Cross Reference: (Oil and Gas Well Manual), Chapter 13, § 5.12 Planning and Zoning Commission Page 36 of 41 Meeting Date: July 15, 2010 Town of Trophy Club Department of Planning & Zoning 100 Municipal Drive Trophy Club, Texas 76262 TO: Alliance Regional Newspapers / Classifieds Dept. DATE: May 16, 2010 FROM: Carolyn Huggins PAGES: 1 RUN DATE: 1 Time: June 2, 2010 SUBJECT: Public Hearing NOTICE OF PUBLIC HEARING PLANNING & ZONING COMMISSION Thursday, June 17, 2010 A Public Hearing will be held by the Planning & Zoning Commission of the Town of Trophy Club in the Boardroom of the Municipal Utility District Building, 100 Municipal Drive, at 7:00 p.m., Thursday, June 17, 2010, to consider changes to the Town of Trophy Club Code of Ordinances, amending Chapter 5–General Land Use, including without limitation, amending and adopting new regulations affecting the noise decibel level/distance allowed during fracing of a gas well; and amending definitions or other miscellaneous items of the Gas Well Manual and Town Ordinances related to this request as deemed necessary. Planning and Zoning Commission Page 37 of 41 Meeting Date: July 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-362-T Name: Status:Type:Agenda Item Regular Session File created:In control:7/11/2010 Planning & Zoning Commission On agenda:Final action:7/15/2010 Title:Discussion and Recommendation regarding a request to amend Ordinance No. 99-17 P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 38 of 41 Meeting Date: July 15, 2010 File #: 2010-362-T, Version: 1 Title Discussion and Recommendation regarding a request to amend Ordinance No. 99-17P&Z, Planned Development No. 21 to allow Outdoor Display of propane. Applicant: Karen Thiessen, GardereWynne Sewell LLP on behalf of WalgreenCo. (PD-AMD-10-035) Planning and Zoning Commission Page 39 of 41 Meeting Date: July 15, 2010 100 Municipal Drive Trophy Club, Texas 76262Trophy Club Entities Legislation Details (With Text) File #: Version:12010-363-T Name: Status:Type:Agenda Item Regular Session File created:In control:Planning & Zoning Commission On agenda:Final action: Title:Discussion and Recommendation regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Attachments: Action ByDate Action ResultVer. Planning and Zoning Commission Page 40 of 41 Meeting Date: July 15, 2010 File #: 2010-363-T, Version: 1 Title Discussion and Recommendation regarding a request for approval of a Specific Use Permit to allow beer and wine sales for off-premise consumption only. Applicant: Karen Thiessen, Gardere Wynne Sewell LLP on behalf of Walgreen Co. (PD-AMD-10-035) Planning and Zoning Commission Page 41 of 41 Meeting Date: July 15, 2010