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Minutes P&Z 03/04/2010 TOWN OF TROPHY CLUB PLANNING AND ZONING COMMISSION MINUTES MARCH 4, 2010 The Planning and Zoning Commission of the Town of Trophy Club, Texas met on March 4, 2010, at 7:00 p.m. in the Council Chambers, 100 Municipal Drive, Trophy Club, and Texas 76262. COMMISSIONERS ATTENDANCE: Chairman Hill Present Vice Chairman Stephens Present Commissioner Reed Present Commissioner Ashby Present Commissioner Davidson Present Commissioner Forest Present Commissioner Sheridan Present Vice Chairman Stephens was not present at the start of the meeting, but came in immediately after the vote for the minutes was approved (7:01 p.m.). STAFF AND GUESTS PRESENT: Carolyn Huggins Planning & Zoning Manager Tom Rutledge Town Engineer Danny Thomas Fire Chief Jaison Stephen Jacobs Engineering Jim Wiegert Jacobs Engineering Steve Howard Lennar Homes Steve Lenart Lenart Development Company Mehrdad Moayedi Centurion Development Bill Rose Councilman CALL TO ORDER AND ANNOUNCE A QUORUM. Chairman Hill called the meeting to order at 7:00 p.m. with a quorum present. 1 REVIEW AND APPROVE MINUTES OF THE FEBRUARY 18, 2010 PLANNING AND ZONING COMMISSION MEETING. Commissioner Forest motioned to approve the minutes for the February 18, 2010, Planning & Zoning Commission meeting. The motion was seconded by Commissioner Ashby. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan Nays: None (Vice Chairman Stephens was not present for this item.) Action: 6-0, Approved Vice Chairman Stephens arrived. Chairman Hill brought Item No. 3 forward on the agenda for consideration prior to Item No. 2. 3 DISCUSSION AND RECOMMENDATION REGARDING A TEMPORARY USE TO PLACE AN ARCH BUILDING AND MOBILE HOME ON THE SOUTH PARKING LOT OF THE TROPHY CLUB COUNTRY CLUB WHILE THE EXISTING FIRE STATION IS DEMOLISHED AND A NEW FIRE STATION IS BUILT AT 295 TROPHY CLUB DRIVE. Fire Chief Danny Thomas stated that back when this project was started four years ago they contemplated where they were going to build and how they were going to build. He stated they went through several different due diligences as far as getting an offsite, to get the existing station from one site to another while they tore down the old and built the new. They needed to stay centrally located as much as possible. They looked at several different venues and a couple of properties were expensive. The Country Club offered their most south parking lot, which is their overflow for huge events, at no cost. Chief Thomas stated that they did a preliminary layout of what could be put on the site and they have a tent for equipment and a mobile home for temporary living quarters for Fire personnel. They anticipate having this need for 8 to 12 months. Ms. Huggins stated this is a special use – it is not something that would typically be allowed by a business in the Town of Trophy Club. Staff is asking for the Planning & Zoning Commission to recommend approval to the Town Council for this request because it involves public safety. A place is needed for the Fire Station apparatus and personnel to reside while the new station is being built so that EMS and Fire Safety is available to Trophy Club residents. The Country Club site is a central location. It provides good access to either side of Town. Staff recommends approval. Chairman Hill added that an exception is needed in order to allow the personnel to have temporary living quarters in a mobile home since mobile homes are prohibited in the Town. This will be a special use permit for the Municipal Utility District to put a mobile home on the site for a period of about 18 months. Ms. Huggins stated that the timeframe will be while the new station is being built – whatever timeframe that will be – “we don’t believe that will be longer than 18 months”. She stated that mobile homes have been prohibited in all zoning districts except a designated “Mobile Home/Modular Home District” zoning since 2002. Chairman Hill stated that the contractor that will install the tent that will house the fire equipment apparatus will be required to submit engineered stamped plans by a State of Texas engineer during the building permit process. Ms. Huggins confirmed that engineering will be required at the building permit stage. Chief Thomas also stated that the vendor has assured him that this is a process they go through quite often as far as doing engineered plans for their tents. This will pretty much be a “garage”. Vice Chairman Stephens stated that the City will be under tremendous liability “if this thing doesn’t stand the wind that is coming. This is Texas and the wind will blow. Will the engineering stamp of approval cover us in case there is wind damage and that thing comes down and you have firemen in that facility?” Chief Thomas stated that the company had facilities up during Hurricane Ike that withstood the storm. “Nature is nature. We’ve seen a 100-year flood in this last couple of years too so it’s hard to say what Mother Nature will do.” Vice Chairman Stephens stated that he doesn’t want to see the City liable. He asked Tom Rutledge if there is recourse if there are firemen injured in some type of weather incident. What kind of liability is the Town under? Vice Chairman Stephens stated that there were all kinds of assurances about the Cowboy facility and yet “some people were very seriously injured in an extreme situation, but Texas has had extreme weather lately.” Tom Rutledge stated that this structure, like any structure whether it is a rigid structure or a temporary structure, would have to be engineered. There are engineering calculations they would have to go through to calculate the wind loads that can withstand those sustained winds in accordance with the Uniform Building Code. There are two things – the structure itself, and how the structure is secured to the ground to make sure it doesn’t blow away, and also to make sure it doesn’t collapse. It is in the documents that are part of the application that they have submitted and that is a requirement to get the building permit. Chief Thomas stated that the whole [tent] structure will be mounted to concrete. It is not going to be a personnel facility. It will be an equipment facility. The only time people will be in that facility is when truck checks are being done or they are coming out of the station on call. Commissioner Forest asked who will own this facility. Chief Thomas stated that it will belong to MUD1. Commissioner Forest asked what will happen with the facility when the Fire Department no longer needs it. Chief Thomas responded that it will go on the market for sale, if marketable. Commissioner Ashby asked about the infrastructure for the tent and trailer – sewer and water. Chief Thomas stated that the sewer will be a holding tank and there will be temporary water and electrical connections. Commissioner Ashby stated that the fire trucks are big and weigh a lot. Chances are the parking lot concrete is only 4 to 5- inches thick. What is the liability for damage? Chief Thomas stated that in the contract with ClubCorp they have agreed to restoration back to the original state. Commissioner Davidson asked if the emergency lights on Trophy Club Drive will be moved. Chief Thomas stated that they are not needed. Commissioner Davidson asked if the existing lights work. Chief Thomas stated that they do not, but a new system will be put in with the new station. Commissioner Davidson asked if the mobile home will be in the grass section of the Country Club. Chief Thomas confirmed that it will be in the grass. It will be blocked and skirted. Vice Chairman Stephens asked if modifications for turning radius will be needed to come out of the Country Club parking lot onto Trophy Club Drive. Will a tree need to be removed? Chief Thomas stated that the tree will not need to be removed. He stated that they have played in that parking lot for ladder testing and hose drills and know that they can navigate the parking lot. He stated that they also have talked to Beck Properties and could make an exit to the right [through 300 Trophy Club Drive] if needed. Commissioner Ashby made a motion to recommend approval to the Town Council to allow a temporary Arch Building and temporary Mobile Home on the south parking lot of the Trophy Club Country Club while a new Fire Station is built at 295 Trophy Club Drive. The motion was seconded by Commissioner Reed. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Approved This item will be heard by the Town Council on Monday, March 22, 2010. Chairman Hill then called for Item No. 2 on the agenda. 2 DISCUSS AND TAKE APPROPRIATE ACTION RELATIVE TO A REQUEST FOR PRELIMINARY PLAT APPROVAL 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) Jaison Stephen, Jacobs Engineering, came forward representing Lennar Homes, the owner and developer of the property known as Neighborhood 8. He stated that this property was brought before the Commission in October 2009 for an amendment to the PD zoning. The Commission unanimously approved the zoning, which was subsequently approved by Town Council, and the current plan before the Commission meets the requirements of the PD zoning. Mr. Stephen stated that he would like to take a few minutes to answer some questions from Commissioner Sheridan that were forwarded to him by Ms. Huggins. He stated that there is a flowage easement on the east side of the property. The flowage easement will be maintained by the HOA. The majority of the flowage easement will be kept in a natural state except along the lots of Block F where the developer intends to put a mowed area that will be maintained by the HOA. Along Trophy Park Drive, as required by the PD, there is a screening wall that will generally match what is on the opposite side of Trophy Park Drive. That screening wall will be placed on the right-of-way/property line. The final plat will have a 5-ft. wall maintenance easement so that access is granted for maintenance of the screening wall – similar to the opposite side of the street where a 5-ft. wall maintenance easement exists. There is “Zone X” and “Zone AE” designated on the plat. This is a FEMA studied area. Zone X represents areas delineated on FEMA maps are outside the 500-year flood. All the lots on the property are outside the floodplain. Mr. Stephen stated they have complied with all of Staff’s comments and staff recommends approval and the applicant asks for your approval. Steve Howard, Lennar Homes, stated that they have been active in Trophy Club Highlands for a little over a year now and they have developed a neat housing product for the community. It has been well received by the Town and members of the general public. They intend to design new product to conform to the zoning of these home sites. It will be very similar to what you will see in the section closest to Byron Nelson High School with a recessed garage door set back in the home, a lot of stone, a lot of porches and masonry/stone combinations. It will be a product uniquely developed for this site. Mr. Howard stated that they will not be bringing into Trophy Club a product from somewhere else and trying to put a round peg in a square hole. They plan to keep the same high level of standards that has been presented to the public here in Trophy Club during the last year. Mehrdad Moayedi stated that they are here because they made some promises and conveyed those promises and want to make sure they live up to those promises. Chairman Hill stated that he has an item of concern. He stated that the agenda item before the Commissioners tonight is a Preliminary Plat approval request for the area known as Neighborhood 8 of the Highlands of Trophy Club, planned for 184 single family homes on Lot Type 5, requiring a minimum lot size of 5,250 square feet, typically a 50 x 105 square foot lot. His understanding is that Phase 1 will consist of 74 homes, with 110 homes proposed for Phase 2. He called the Commissioners attention to the 3.5 acre gas well site known as Pad 4-H, located in Block G of Neighborhood 8. An existing masonry wall around Pad 4-H adjoins rear property lines of Lots 1, 2 and 3 such that the rear property line fence for these 3 lots already exists. The masonry wall is approximately 50 feet off the rear line of Lots 16 through 21, and there is approximately 150 feet between the masonry wall and rear property lines of Lots 27 through 32. With these spacing dimensions, the owners of lots 15 through 32 could have rear yard privacy fencing and not violate Town Regulations pertaining to parallel fences, as there would be more than 20 feet between their fences and the masonry walls of Gas Well Site 4-H. Chairman Hill stated that Section 5.12 Oil and Gas Well Drilling of the Town’s Zoning Ordinance does not allow drilling and production of oil and gas closer than 250-feet from the wellhead to the property line of a property with a residence located on it. He stated that the drilling and production offset distance is intended to protect the public safety and health of residents of the Town. Chairman Hill stated that the Commission has before it tonight a situation where a developer proposes to build homes in locations where the rear property lines of 9 or so lots are located less than 250 feet from existing producing gas wells. He stated that in his opinion the Commission would be remiss in allowing construction of homes on lots whose rear property lines would be less than 250 feet from currently existing and producing gas wells. He stated that in evaluation of the existing natural gas production facilities and some of the proposed home site lots, it is his opinion that the Commission should not approve platting of residential home lots where the rear property lines would lie within 250 feet of existing and producing gas wells. Steve Lenart, Lenart Development Company, stated that there are six well sites throughout the development of The Highlands and two already have homes that are final platted next to the well sites with identical situations to this plat. He stated that they conferred with staff to make sure there were no ordinances being broken with this layout. The drilling ordinance is for new wells that come on line. He stated that they have a relationship with Encana and that Encana is aware of this situation. They are not going to give up their rights to drill wells and they understand that the drilling wells out there are pretty much over. Mr. Lenart stated that there isn’t a way for the private property line to not abut the gas well site unless a strip of no man’s land is created to be maintained by the HOA or the Town. This neighborhood is being platted the same as Neighborhood 2 where there are 80-ft. lots and some homes have been built and sold, I believe, with the same situation that exists with this plat. The masonry wall was worked out with Encana three or four years ago and that wall provides protection and screening to the homeowners and public so they don’t see the gas well appliances. The masonry wall will provide the backyard fencing for some of the lots. Mr. Lenart stated that there are two sites that already have homes platted around them. He stated that there are no mortgage issues with that, and they believe they are 100% in compliance with State regulations. They ask for approval of this plat similar to the previously approved plats. Chairman Hill stated that with the way the Oil & Gas Ordinance is written, if Encana wished to do drilling at the well site in the future, Encana would be required to have permission of all the property owners located less than 250-ft. from the wellhead. Could approving this plat be considered a ‘taking” of Encana’s rights? Mr. Lenart stated that Encana is used to dealing with these situations and he doesn’t believe they are intent on redrilling these sites. He stated that these things were taken into consideration when a surface waiver agreement was done between Encana and a previous owner that Mr. Moayedi bought the property from. Commissioner Reed added that state law says that a mineral owner cannot be prevented from recovering his minerals – that’s gas – and if you do you are subject to a lawsuit. If you lose the lawsuit, you are required to pay the full value of the minerals they have not recovered. The Town and the residents don’t want to get involved in that. Commissioner Reed stated that he and Mr. Hill collectively have about 70 years experience in the oil and gas industry. They were deeply involved in writing the ordinance to allow the gas drilling to go on and he stated that they put the 250-ft. figure in there for a specific purpose – to reduce the danger of anyone living around a gas well site. He stated that the ordinance specifically says 250-ft. and as far as he is concerned that ends it right there. Mr. Moayedi stated that the way the ordinance is written is they can’t drill. Commissioner Reed disagreed. He stated that it doesn’t allow drilling or production. He stated that there is possible danger while producing. Mr. Moayedi stated that there has been a conceptual plan for the whole site since 2006 with phases on the ground and precedents set. He stated that in other towns there is a different setback for when the drilling operation is going on versus when the drilling is done and then houses are built next to it. Commissioner Reed stated that he doesn’t know about other towns and he doesn’t know how plats were approved with houses closer than 250-ft. “I guess we just screwed up here in allowing it, but the fact remains that our ordinance says no houses closer than 250-ft. and the fact that you have some there already doesn’t mean we are going to compound the felony by approving more of them now that we’ve brought it to light.” Mr. Moayedi stated that it is not just this plat. He stated that it is going to affect him on future lots near the gas wells. He stated that they went ahead and paid for land based on the conceptual plan. He stated that as a land owner he should have the same rights as the gas well owner. “When the gas company signed a surface agreement with us the whole purpose of this thing was that they would get their drilling done before we began building houses so that there is no more drilling operation. That ordinance has always been interpreted by us in that way. I respect your time and opinions but it has always been interpreted by us, especially because we have already been through platting against other wells, that it was when new operations came in, not when homes are being built next to existing well sites. Unless they are blind, the buyers will see that there is a well site sitting there and when they buy the lot they will understand they are next to a well site. There is no issue about disclosure. The damages on our side are a lot of lots. This isn’t just one subdivision. Three or four other phases will lose 40 to 50 lots that may not be as much as the minerals but we are talking about a couple of million dollars if not more. This thing was set up with a conceptual plan, with a specific number of lots and we’ve been before you over and over again and already platted a situation like this so we feel we have some rights in this matter too. Please think about our side for a minute.” Commissioner Reed stated that he appreciates that but there are two things to consider -- safety factor and all of these wells at some point in time have to be refractured. That’s not going to be possible with homes closer than 250-ft. Mr. Moayedi disagreed. He stated that it was always his understanding that while a well is being drilled a home cannot be placed closer than 250-ft. He stated that the precedent is already set with two phases already going on. He stated that this is a bigger issue than one plat. Other cities have allowed homes closer than 250-ft. if the drilling operation is over. Commissioner Reed responded that perhaps their ordinances don’t say “drilling and production”. It just doesn’t comply as far as I’m concerned. Vice Chairman Stephens asked how houses were permitted to be built within 250-ft. in light of the ordinance. Ms. Huggins responded that two plats were approved about two years ago for phases of Neighborhoods 1 and 2 and some of those lots are closer than the 250-ft. Vice Chairman Stephens asked how that got passed. Ms. Huggins responded that it did not come up in the platting stage. It was an error. She stated that she takes full responsibility for that. She stated that she did not bring it forward as an issue at the time. She stated that there are two approved plats with residential lots that have lots closer than 250-ft. Vice Chairman Stephens made a motion to table this item. He called for a second. Commissioner Ashby seconded the motion. Vice Chairman Stephens asked for Chairman Hill to call for the vote. Chairman Hill stated that not all of the Commissioners have had a chance for discussion. Commissioner Ashby stated that he thinks this needs more research. Commissioner Forest stated that he isn’t hearing what the motion is. Vice Chairman Stephens stated that the motion is to table this item until some answers can be provided to the Planning and Zoning Commission. Ms. Huggins asked for clarification – “a motion to table for what purpose”? Vice Chairman Stephens stated: “I don’t have to have a purpose but my intent is to get some legal advice about moving forward on this item on the agenda and, going back further, what kind of liability have we opened ourselves up to by allowing homes to be built by violating our ordinance. That’s a problem.” Ms. Huggins stated that the two plats that were approved with homes closer than 250-ft. does not set a precedent. Ms. Huggins stated that the Planning and Zoning Commission has the responsibility of recommending approval or denial of this plat to the Town Council based on whether or not the plat meets the requirements of the Town’s zoning and subdivision regulations. In this case, the plat meets all requirements except one – the distance from the wellheads to the residential property lines. The Town Council has the authority to grant a waiver of the distance from the wellhead to the residential property line. Ms. Huggins also stated that the oil and gas company already has a Specific Use Permit for this site and the SUP entitles “reworking” of the site. Vice Chairman Stephens asked Chairman Hill to call for a vote on the motion to table. Mr. Moayedi asked for an opportunity for discussion, which was denied. Chairman Hill called for a vote and the vote was 3-3-0, with Stephens, Reed and Ashby voting for the motion and Hill, Davidson, and Forest voting against and Sheridan abstaining. Commissioner Reed withdrew his yes; Chairman Hill called for a second vote which was 3-4-0, with Stephens, Ashby and Forest voting for the motion and Hill, Reed, Davidson and Sheridan voting against the motion. Commissioner Sheridan asked everyone to be clear in their semantics, grammar and wording. Are we dealing with 250-ft. from the property line? The house? From where? Please be clear. Ms. Huggins stated that the ordinance language is “250-ft. from the wellhead to the property line of a property with a residence located on it”. Mr. Moayedi stated that he is not here to pick a fight with anyone. He asked the Commission to think about how we got to this point. “PD-27 was formulated four years ago with concept plans and a number of lots. The ordinance, to us the way it read and was interpreted, and Carolyn very graciously took the fall for it, but I don’t necessarily think it was true. This thing was always intended from the drilling operation, not housing operation. That’s the way it is in other cities, that’s the way… “ Vice Chairman Stephens interrupted to state that this is not other cities, this is Trophy Club. Mr. Moayedi stated that this development was studied for a long time and concept plans and plats have been put before this Commission and the lots around the gas wells were not missed by staff or the developer. They were platted according to the interpretation that the 250-ft. was required for drilling and drilling is not occurring on those sites. Commissioner Ashby stated that he doesn’t have any problems with the plat other than when the setbacks were set for the gas wells there was a pretty tough battle amongst “ourselves” and he’s reluctant to reduce that distance. Commissioner Davidson stated that Section 5.12 leaves a loophole that the developer is taking advantage of, and could take advantage of beyond the Council’s decision too. That loophole is the ability to obtain property owner approval to rework the well. The wellsite is already there. Houses are built around it. If the homeowners agree, then that could be misinterpreted or interpreted to be a legal use of the plat presented to P&Z tonight. Mr. Moayedi stated that they do not wish to take advantage of any loopholes. He stated that they have always dealt pretty straight up with everybody here and he feels they have earned enough to say they are not trying to pick a fight with the mineral company or with Trophy Club. He stated that they made an investment in a piece of property with a certain amount of lots and they understood the ordinance to the best of their ability and thought they were way beyond this stage. He stated that it is his understanding that the oil and gas company does not need permission from surrounding homeowners to refracture the wellsite. Ms. Huggins stated that an Oil and Gas Special Use Permit allows the well to be “reworked”. She read Section 5.12, Item F. No. 2 which states: “When an Oil and Gas Well Permit has been issued covering a well, the permit shall constitute authority for drilling, operation, production, gathering of production, maintenance, repair, reworking, testing, site preparation consisting of rigs or tank batteries, plugging and abandonment, and any other activity authorized by this Ordinance associated with drilling or production by the operator and their respective employees, agents, and contractors.” Vice Chairman Stephens stated that since the ordinance requires 250-ft. from the wellhead to a residential property line then all the other stuff in the ordinance is assuming that the well is 250-ft. from the property line of the residence. Mr. Stephens stated that he feels they have been “betrayed, maybe unwittingly, by looking at what you have done in other locations and knowing that 250-ft. is required, somebody didn’t do due diligence based on this sentence in our ordinance. I am upset, to say the least, that we allowed the permitting process to go forward and homes be built closer than 250-ft. Right now this ordinance is worthless because we are letting people trample right over what we, as a City, approved. It’s an ordinance on the books. Enough said.” Commissioner Reed stated the Town Council can approve an exception to this ordinance, but “as a P&Z Commissioner, I cannot approve this because it is not in accordance with our ordinance. So, we can recommend denial to the Town Council, but they have the authority to override the denial and give you an exception.” Steve Lenart stated that Lennar Homes is the current owner of all of the lots and would give the gas well site owner permission, if necessary. Commissioner Reed stated that it doesn’t matter. As a P&Z Commissioner he would still recommend denial. Mr. Moayedi asked Vice Chairman Stephens if has was referring to “us” betraying you? Vice Chairman Stephens responded, “Yes, because we assumed that you would abide by our ordinance.” The ordinance requires 250-ft. “I assume that your legal team did their due diligence and they had to have read that sentence and yet we just keep right on platting and drawing houses and streets that will have houses on them that are less than 250-ft. from the wellhead to the property line. I feel that we are trying to be bowled over. Until we can get legal advice and a procedure as to how they can go on to the City Council, as a Planning and Zoning Commissioner I cannot vote to send this to the City Council because it is in direct violation of a City ordinance.” Chairman Hill stated that the Planning and Zoning Commission can recommend denial and the matter will go on to the Council and the Council can make their own decision. Mr. Moayedi stated that he takes it personally that the comment was made that we came in and tricked you. Vice Chairman Stephens responded that he takes it personally that the 250-ft. requirement in the ordinance was ignored. Mr. Moayedi stated that their interpretation was always that it was applicable during the drilling operation only. Vice Chairman Stephens stated that the word “production” is there. Ms. Huggins stated that many cities have struggled with the terminology of gas well drilling. Most cities consider “drilling” to be when a rig is there and the lights are on and there is lots of activity, noise and truck traffic. Once the activity part is past and it is just a producing well, it is no longer considered a drilling and production site. Other cities in the last several years have begun to allow homes to be built closer to well sites. Ms. Huggins stated that the oil and gas ordinance was created by quite a few of the present P&Z members and approved by the Council prior to PD-27 being approved. When PD- 27 was approved there was a concept plan and that plan showed homes right next to the wellsites in Neighborhoods 1-9. It was not questioned then. Two plats were approved with homes closer than 250-ft. This issue did not come up with those plats and Ms. Huggins stated that she takes responsibility for that because she did not bring it up as an issue, one of the reasons being that it was on the concept plan. The gas well ordinance was already in existence and no one questioned it until this plat came along and Ms. Huggins stated she was now more familiar with the ordinances and began asking some questions. She stated that she immediately brought it up to the applicant and his response was, “This has been in existence for a long time, it hasn’t been an issue before; why would it be now?” Ms. Huggins stated that the Planning and Zoning Commission can recommend approval or denial to the Town Council and the Town Council can make a decision as to whether or not to allow homes closer than 250-ft. Ms. Huggins stated that she believes it is safe and that anyone buying these homes will know that they are purchasing a lot next to a gas well. Mr. Moayedi asked if there is something they can do to make the Commissioners more comfortable with passing this preliminary plat? Is there a document they can have the homeowner sign? Vice Chairman Stephens stated that he cannot and will not violate the law of the Town which is Section 5.12. Commissioner Sheridan stated that he can’t believe he missed 250-ft. on previous plats. Commissioner Reed responded, “I guess you did.” Commissioner Sheridan stated that perhaps he missed it on the previous plats because there might have been 250-ft. from the wellhead to the house [versus property line]. He has a question regarding legal opinion. “Are we in conflict? What is the law? Which takes precedent? It seems there are three different things that conflict within an SUP and the ordinance. Is there precedent based on which is last?” He stated that if this were postponed to try to answer some of these questions, would that change his vote – positive or negative – or anybody’s vote here positive or negative. He would like to see what was passed. He wants to see the plats. He would like a legal opinion on the ordinance versus the SUP. He stated that he will look at Fort Worth and other cities ordinances, but he wonders even if all that is done, would that change anyone’s opinion or vote tonight. “If it’s not going to change the vote, then let’s vote it down and let the Town Council handle it. If more information, better information, with better detail and a legal opinion…” Commissioner Reed stated that people are going to interpret things differently, no doubt. He stated, “Mr. Hill and I were predominantly the authors of this ordinance and I can assure you when we picked 250-ft. it had to do with drilling for gas and it had to do with production of gas.” Mr. Moayedi asked if there would be any value in having a worksession with an attorney present? Vice Chairman Stephens responded, “No Sir.” He stated, “Chairman Hill I believe the best way for them to move forward is to go before the Town Council. I move we deny applicant’s request made before us tonight.” Commissioner Reed seconded the motion. Commissioner Forest asked to make a comment. He stated: “There are too many unknowns and we are not getting the answers they need and someone legally needs to get involved in this. “It’s not right for the developer to be told that what they’ve been doing is correct and then turn around and get to one point and they can’t do anything else with it. I don’t think that’s right to the developer. Someplace it should have been stopped prior to getting here. At this point it is not our decision to make anyway. It should go to the Council.” Chairman Hill restated the voting options available to the Planning & Zoning Commission. Commissioner Reed: “I don’t see how we can do our job and follow the guidelines of what we are supposed to be doing to recommend approval of something that is not in agreement with our ordinance. Only the Town Council has the authority to approve something that is different than our ordinance. P&Z doesn’t have that authority.” Chairman Hill called for a vote. Vice Chairman Stephens made a motion recommending denial of the Preliminary Plat for Neighborhood 8. Commissioner Reed seconded the motion. Ayes: Hill, Reed, Ashby, Davidson, Forest, Sheridan, Stephens Nays: None Action: 7-0, Denied The Town Council will hear this item on March 22, 2010. ADJOURNMENT Chairman Hill adjourned the meeting at 8:10 p.m.