Agenda Packet P&Z 06/17/2010Planning & Zoning Commission
Trophy Club Entities
Meeting Agenda
100 Municipal Drive
Trophy Club, Texas 76262
Svore Municipal Building Boardroom7:00 PMThursday, June 17, 2010
Call To Order and announce a quorum.
Approval of Minutes
1.2010-273-T Review and approve minutes of the May 6, 2010, Planning and Zoning Commission
meeting.
MeetingMinutes 050610.pdfAttachments:
PUBLIC HEARING AND REGULAR SESSION
2.2010-274-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)
Staff Report.pdf
Oil and Gas Well Manual.pdf
Newspaper Public Hearing Notice.pdf
Attachments:
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.
Planning and Zoning Commission Page 1 of 21 Meeting Date: June 17, 2010
June 17, 2010Planning & Zoning Commission Meeting Agenda
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 June 14, 2010, by 5:00 P.M. in
accordance with Chapter 551, Texas Government Code.
Carolyn Huggins
Planning and Zoning Manager
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 21 Meeting Date: June 17, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-273-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/7/2010 Planning & Zoning Commission
On agenda:Final action:6/17/2010
Title:Review and approve minutes of the May 6, 2010, Planning and Zoning Commission meeting.
Attachments:MeetingMinutes 050610.pdf
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 3 of 21 Meeting Date: June 17, 2010
12010-273-T Version:File #:
Title
Review and approve minutes of the May 6, 2010, Planning and Zoning Commission meeting.
Planning and Zoning Commission Page 4 of 21 Meeting Date: June 17, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Meeting Minutes
Planning & Zoning Commission
7:00 PM Svore Municipal Building BoardroomThursday, May 6, 2010
COMMISSION MEMBERS:
Vice Chair James Stephens, Commissioner Mike Davidson,
Commissioner Dennis Sheridan, Commissioner Dale Forest, Chairman
Gene Hill, and Commissioner Clayton Reed
Present:6 -
Call To Order and announce a quorum.
STAFF AND GUESTS PRESENT:
Carolyn Huggins, Planning & Zoning Manager
Steve Howard, Lennar Homes
Jaison Stephen, Jacobs Engineering
Steve Lenart, Lenart Development Company
2010-238-T1.Review and approve minutes of the April 15, 2010, Planning and Zoning Commission
meeting.
MeetingMinutes 041510.pdfAttachments:
Commissioner Sheridan asked Chairman Hill for permission to comment on the new
format of the minutes [the Legistar “minutes” format was used for the first time]. Mr.
Sheridan stated that he feels the minutes in the new format are inadequate. He
stated that over the years in the Town of Trophy Club he has researched different
issues by looking at past minutes. This format is totally inadequate in providing a
history of P&Z action. He stated that he would vote no on approval of the minutes in
this format.
Ms. Huggins stated that an agenda program called “Legistar” is used to produce the
P&Z packets. There has been an on-going learning process to utilize all capabilities
of the program, including the “minutes” portion of Legistar. Ms. Huggins indicated
that she hadn’t been using Legistar to process the P&Z minutes because verbatim
minutes are needed to keep an accurate history of P&Z action and because the P&Z
verbatim minutes are given to the Council for their information and use in making a
decision as cases move from P&Z consideration and recommendation to Council
consideration and action. Using “Word” to transcribe minutes requires less steps
and is less time consuming than logging onto Legister, locating each file, and
transcribing each case into each file. Staff will continue to work with the Legistar
program to make it more compatible with P&Z needs.
A motion was made by Vice Chair Stephens, seconded by Commissioner Reed,
that this Agenda Item be Approved. The motion CARRIED by the following
vote:
Planning and Zoning Commission Page 5 of 21 Meeting Date: June 17, 2010
May 6, 2010Planning & Zoning Commission Meeting Minutes
Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Forest,
Chairman Hill, and Commissioner Reed
5 -
No:Commissioner Sheridan1 -
PUBLIC HEARING
2010-241-T2.Continuation of Public Hearing to Consider an Amendment to PD-Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No.
2007-15 P&Z by amending Exhibit "B" - Development Standards, Section IV. Lot
Type Regulations, and other miscellaneous changes to PD-27 as necessary
regarding this request. Applicant: High Trophy Development, LLC, Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034)
Application.pdfAttachments:
This matter was Discussion only - No action taken
REGULAR SESSION
Planning and Zoning Commission Page 6 of 21 Meeting Date: June 17, 2010
May 6, 2010Planning & Zoning Commission Meeting Minutes
2010-135-T3.Consider and take appropriate action regarding a Preliminary Plat for an approximate
46.413 acre tract of land situated in the R. Allen Survey, Abstract No. 5, to be known
as Neighborhood 8 of The Highlands at Trophy Club. Applicant: Jacobs Engineering
Group Inc. on behalf of Lennar Homes of Texas. (PP-10-018)
Staff Report - TC 051710.pdf
Application.pdf
Attachments:
Chairman Hill explained that this plat was brought before the Commission in March,
but was recommended for denial as the plat did not conform to all Town ordinances.
The Oil and Gas Well Ordinance requires a distance of 250-ft. from a wellhead to a
residential property line and the Neighborhood 8 preliminary plat did not meet that
requirement. On April 26, 2010, the Town Council approved an ordinance allowing a
habitable structure to be 200-ft. from a wellhead. The applicant is resubmitting the
Neighborhood 8 plat for approval with two “notes” (Nos. 5 and 6) added to the plat
which requires the builder of any lot adjacent to a gas well site to provide a signed
and sealed survey verifying the distance from wellhead to habitable structure when
the builder applies for a building permit.
Jaison Stephen, Jacobs Engineering, representing Lennar Homes, stated that the
Preliminary Plat meets all of the requirements of the PD and Town Ordinances and
they ask for approval.
Commissioner Davidson asked if it is possible to build a habitable structure on Lots 1
through 3. Specifically, on Lot 2 the house will need to be pushed forward to meet
the 200-ft. distance. Jaison Stephen stated that the builder will meet the required
minimum distance.
Ms. Huggins stressed that none of the lots adjacent to the gas well sites have been
moved from the original plat that the Planning and Zoning Commission saw a few
months ago. The Gas Well Ordinance was amended on April 26, 2010, by the Town
Council and now allows a distance of 200-ft. from wellhead to habitable structure and
as a result of that change the applicant was asked to add two notes to the plat to
abide by the new regulations. Those notes are:
“For Lots surrounding gas wells, the distance from wellhead to habitable structure
shall be a minimum of 200-ft.”
“To build a habitable structure on a lot adjacent to a gas well, builder must submit a
survey, signed and sealed by a licensed surveyor, verifying the distance from the
nearest wellhead to the nearest point of the habitable structure.”
Ms. Huggins stated that the builder now has the responsibility of proving that the
house will be 200-ft. from the wellhead and they will have to do that by submitting a
signed and sealed survey at the time that they submit a house permit.
Commissioner Davidson stated that it will be on the builder’s shoulders then to make
Lot 2 work as a usable lot – to meet the 200-ft. distance.
Commissioner Sheridan asked for confirmation that there are no changes except for
some minor notes, and he asked the builder if he has reviewed his product line to
make sure that he has a product that will fit on Lot 2 without any variance
requirements. Steve Howard, Lennar Homes, stated that he does have a product
that will fit on Lot 2 without the need for variances.
There were no further comments and Chairman Hill called for a motion.
A motion was made by Commissioner Sheridan, seconded by Commissioner
Planning and Zoning Commission Page 7 of 21 Meeting Date: June 17, 2010
May 6, 2010Planning & Zoning Commission Meeting Minutes
Forest, that this Agenda Item be Recommended for Approval to the Town
Council, on 5/17/2010. The motion CARRIED by the following vote:
Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
6 -
Planning and Zoning Commission Page 8 of 21 Meeting Date: June 17, 2010
May 6, 2010Planning & Zoning Commission Meeting Minutes
2010-242-T4.Consider and take appropriate action regarding an amendment to PD-Planned
Development District No. 27, known as The Highlands at Trophy Club, Ordinance No.
2007-15 P&Z by amending Exhibit "B" - Development Standards, Section IV. Lot
Type Regulations, and other miscellaneous changes to PD-27 as necessary
regarding this request. Applicant: High Trophy Development, LLC, Represented by
Steve Lenart, Lenart Development Company, LLC (PD AMD-10-034)
Steve Lenart, Lenart Development Company, came forward and asked for approval.
Chris King, Building Inspector, stated that he would like to see homeowners able to
build an arbor or gazebo if they wish, but he feels that increasing the lot coverage to
43% will allow the builder to build a bigger house, rather than leaving that additional
coverage for open air structures. He suggests leaving the lot coverage at 40% and
allowing an increase to 43% for open air structures.
Commissioner Reed stated that he thought that sounded good. He asked the builder
if that allows what they want.
Mr. Lenart stated that it would.
Mr. King stated that a fee type has been established for open air structures and a
definition has been created.
Commissioner Davidson and Commissioner Forest discussed accessory structures
with Chris King in relation to their personal experiences when they installed
accessory structures on their property, including flatwork, which is not permitted
(does not require a permit). Commissioner Davidson stated that he gets confused
with lot coverage because flatwork is not counted against lot coverage. He stated
that if an accessory building is detached from the house and doesn’t have a hard roof
over it, he doesn’t believe it should count toward lot coverage.
Vice Chairman Stephens stated that the Commission is not going to recommend to
the Council that we increase Lot Type 4 coverage to 43%. The Commission is going
to recommend maintaining 40% and allowing a permissible 3% for additional
structures.
Ms. Huggins added that after the packet went out, Staff continued to work on this
item and created a definition for “Open Air Structures” which is as follows: “An
accessory structure made of wood or masonry construction, detached from and
incidental to the principal building. This structure is open on the sides and may or
may not provide shading. This includes structures such as, but not necessarily
limited to, cabanas, pergolas, arbors, gazebos, pavilions.” Staff requests that the
Commission include the definition as part of the motion.
Commissioner Davidson wants to narrow the definition of “open air structure”. He
stated that 120 sq. ft. of flatwork and a 120 sq. ft. pergola could be built under the
Town regulations right now without a permit. He stated that if it’s not covered that
should be permissible without being included in lot coverage. If it is deemed
necessary to make it a truly shaded structure then it has a roof and it should be
included in lot coverage.
Commissioner Reed stated that he believes most homeowners would want their
accessory structures covered.
Vice Chairman Stephens restated the proposed recommendation for Lot Type 4 lots.
Ms. Huggins added that staff is willing to allow the 3% additional coverage for Lot
Types 1 through 4 in PD-27. It would not be available for Lot Type 5 lots as those
are small lots that already have 50% to 60% lot coverage.
Planning and Zoning Commission Page 9 of 21 Meeting Date: June 17, 2010
May 6, 2010Planning & Zoning Commission Meeting Minutes
Commissioner Forest asked if distance is a factor. Chris King responded that it is
not. If the structure is detached, but closer than 10-ft. to the primary structure, then
the square footage of the structure is counted toward the total building area under
roof. If that total calculation goes over 7,500 sq. ft. then the new addition has to be
sprinkled – fire protected.
Commissioner Sheridan stated that an unattached accessory structure closer than
10-ft. to the primary structure does count toward lot coverage. Chris King confirmed
that it does.
Commissioner Davidson asked if it would be difficult for staff to keep track of the
“additional 3%” house to house. Chris King responded that staff would be able to
handle it. He stated that it would be easier if the increase was given to all lot types 1
through 4.
Commissioner Davidson, the Building Inspector and the applicant had further
discussion on lot size, type and accessory structures until Vice Chairman Stephens
asked Chairman Hill for permission to make a motion.
Vice Chairman Stephens made a motion to recommend approval to the Town Council
for an additional 3% of lot coverage for Lot Types 1, 2, 3, and 4 of PD-27 and adding
the a definition for “Open Air Structures”: “An accessory structure made of wood or
masonry construction, detached from and incidental to the principal building. This
structure is open on the sides and may or may not provide shading. This includes
structures such as, but not necessarily limited to, cabanas, pergolas, arbors,
gazebos, pavilions.” Commissioner Reed seconded the motion.
For an additional 20 minutes, discussion continued of attached, detached, covered,
uncovered, and allowable materials until Vice Chairman Stephens called for the vote.
A motion was made by Vice Chair Stephens, seconded by Commissioner Reed,
that this Agenda Item be Recommended for Approval to the Town Council, on
5/17/2010. The motion CARRIED by the following vote:
Aye:Vice Chair Stephens, Commissioner Davidson, Commissioner Sheridan,
Commissioner Forest, Chairman Hill, and Commissioner Reed
6 -
Adjourn
8:05 p.m.
This matter was meeting be Adjourned
_________________________________________
Gene Hill, Chairman
_________________________________________
Carolyn Huggins, Planning & Zoning Manager
Planning and Zoning Commission Page 10 of 21 Meeting Date: June 17, 2010
100 Municipal Drive
Trophy Club, Texas 76262Trophy Club Entities
Legislation Details (With Text)
File #: Version:12010-274-T Name:
Status:Type:Agenda Item Regular Session
File created:In control:5/7/2010 Planning & Zoning Commission
On agenda:Final action:6/17/2010
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:Staff Report.pdf
Oil and Gas Well Manual.pdf
Newspaper Public Hearing Notice.pdf
Action ByDate Action ResultVer.
Planning and Zoning Commission Page 11 of 21 Meeting Date: June 17, 2010
12010-274-T Version:File #:
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 12 of 21 Meeting Date: June 17, 2010
PLANNING AND ZONING COMMISSION
MEMORANDUM
June 17, 2010
SUBJECT: 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)
PURPOSE: Presentation by staff, following by discussion by Commission, to consider if
changes are needed to Article VI, Oil and Gas Well Manual of the Trophy Club Code of
Ordinances.
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. Hearing Date: June 17, 2010. Publication Date:
June 2, 2010.
Attachment: Article VI, Oil and Gas Well Manual
Public Hearing Notice
Planning and Zoning Commission Page 13 of 21 Meeting Date: June 17, 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 14 of 21 Meeting Date: June 17, 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 15 of 21 Meeting Date: June 17, 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 16 of 21 Meeting Date: June 17, 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 17 of 21 Meeting Date: June 17, 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 18 of 21 Meeting Date: June 17, 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 19 of 21 Meeting Date: June 17, 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 20 of 21 Meeting Date: June 17, 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 21 of 21 Meeting Date: June 17, 2010