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There have been several emails and much talk about natural gas operations in Flower Mound lately. And I truly believe it is good that people are taking an interest in their community and getting more involved.
On January 21, 2010, town council voted on two items that have generated a lot of attention. The first item council approved was a change to the Oil and Gas pipeline standards. The previous ordinance allowed a gas company to build a pipeline and transmit production fluids (produced water and frac water) using buried PVC pipe. The approved, updated ordinance requires significant safety improvements from the old PVC pipeline standard. The new standard requires a corrosion resistant fiberglass pipeline system with high pressure capabilities, threaded connections and o-ring seals that has automatic pressure monitoring and other compliance controls. Additionally the new pipeline ordinance requires a vapor recovery system (VPS) if the pipeline is to be associated with a centralized collection facility.
The second item council approved was to amend Flower Mound’s Land Development Regulations. The change added detail and technical standards that were not included in any previous Town ordinance and the new standard added specific definitions and uses of a centralized facility by component piece (Gas Lift, Gas Compression and Produced Water) as a specific use in the Agricultural zoning district. Before the update, the town risked the potential claim that a centralized facility was allowed under the previous ordinance and could be built because the prior ordinance listed petroleum storage/collection facility and transmission pipelines as a specific use in an Agricultural zoning district (Sec. 98-273). I voted in favor of the changes to provide specific uses, definitions and enhanced standards where Flower Mound would be able to set the standard instead of others potentially setting the standard they want. The town council can still say no to any part of a centralized facility.
Shortly after the changes were approved by town council, a group of citizens announced plans to circulate petitions in an effort to repeal the new regulations and zoning ordinance as well as the new version of the pipeline ordinance. The petition/repeal (initiative) process could produce unexpected, negative consequences.
The Town Charter prohibits the initiative process from being utilized to repeal a zoning ordinance and state law does not allow zoning ordinances (other than the initial adoption of a zoning ordinance) to be adopted through the initiative process.
A repeal of the new pipeline standard has the potential of eliminating all of Flower Mound’s pipeline standards. This would give pipeline companies an open invitation to take advantage of Flower Mound. The reason that a gas pipeline company is different from any other land developer is that gas pipeline companies have the power of eminent domain. Flower Mound must have regulations and protections in place to ensure the town has as much control as possible.
There have been a few people who have stated these two votes promote the industrialization of Flower Mound or these actions were made in support of gas companies. Neither of these items increases gas drilling nor do they authorize the building of a centralized facility. A few may read this and say these actions were not necessary, but I believe these items protect Flower Mound’s quality of life and put in place safeguards to protect our property values and the safety of our families.
Steve Dixon Deputy Mayor Pro Tem Flower Mound Town Council, Place 1
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Comments
Ms. Simonson, I feel the town substantially increased our regulatory authority when both items passed on January 21, 2010. The current centralized compression facility on Scenic Road has been in operation since before I was elected to town council and this is the first time I have heard the claim that the facility was or is illegal. I have tried to articulate the items passed on January 21 do not pave the way or approve any specific plan or application. If any request is made under the new more stringent guidelines they would be considered only after complete review of each and every detail and after the public hearing process at both P&Z and Town Council. Please do not mistakenly interpret a yes vote from January 21, 2010 as a guaranteed yes vote on any unseen site plan in Flower Mound's agricultural zoning districts.
Respectfully,
Steve Dixon, Deputy Mayor Pro Tem
I still don't fully understand why the Town of Flower Mound (not Williams) would have to make the request for the zoning change for this particular location. I also don't understand how such a change would benefit anyone other than Williams and area lease holders.
According to a 1/17/2010 blog post on the Shiloh for Drilling, Williams Lease holders, were promised a CCF when they signed their leases. How could that be if the SUP request had not been voted on?
Here's a link to the the blog post. http://tinyurl.com/yfa4kap
Clearly there seems to be a lot more information that was not disclosed to the general public prior to the 1/21 vote.
If what you are saying is 100% integrity-check proof, then why didn't/could'nt the Town Council effectively communicate this information, and it's presumably noble intentions to the Flower Mound citizens during the January meeting?
There is too much language crafting around a fairly straight-forward issue. I do not appreciate the Council's inability to effectively and concisely convey their actions as being in the best interests of the citizens of Flower Mound. Also, can you please explain why the existing facility extremely near Liberty Elementary school is as far along in construction as it appears to be? If the Town Council's stance to is "say no at any time", i'd think the construction at the site would not be nearly as far along as it is now?
Your letter's content doesn't give me a sense of relief in the slightest.
We appreciate your concern for negative consequences. We have similiar concerns regarding the consequences of the amendments approved by the Town Council on 1/21/10. Therefore, we are petitioning for a moratorium, not a referendum. It is our hope that this will provide adequate and appropriate time to consider the issues that overwhelmingly concern many of the citizens of Flower Mound.
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