HomeMy WebLinkAbout04-28-08 TC MinTOWN OF WESTLAKE, TEXAS
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN WORKSHOP
Apri128, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger, and Bob Timmerman.
ABSENT: None.
STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Director of Planning and Development Eddie
Edwards, Facilities and Recreation Director Troy Meyer, DPS
Director Don Wilson, Assistant to the Town Manager Ginger Awtry,
and Finance Director Debbie Piper.
1. CALL TO ORDER.
Mayor Bradley called the workshop to order at 5:00 p.m.
2. DISCUSS PROPOSED AMENDMENTS TO THE OIL & GAS WELLS
ORDINANCE.
Town Manager Brymer presented a list of proposed policy options as they relate to the
Board's desired outcome with regard to oil and gas operations in the Town.
Discussion ensued with regard to the proposed policy options.
Discussion continued with regard to the status of the Southlake oil and gas ordinance, other
community gas well drilling ordinances, 1,000 foot distance and the appropriateness of the
distance, and setbacks along Town boundary lines.
Town Attorney Lowry advised the Board that Planned Developments (PD) would need to be
reviewed as well as the Town has the option io require land uses to be defined and
identified.
Town of Westlake
Workshop
April 28, 2008
Page 2 of 3
Alderman Corson expressed his desire to utilize a more systematic approach, including
public input, to consider changes to the ordinance.
Alderman Timmerman stated that he felt that the current process is systematic.
Alderman Maynard expressed his desire to revise the current ordinance to include stricter
technical and site operation standards before permits are issued.
Town Manager Brymer advised the Board that the current ordinance is enforceable;
however the Board should consider reviewing and revising the technical and site operation
standards. Additionally, Town Manager Brymer stated that the current zoning ordinance
restricts drilling to two (2) sites in the Town.
Town Manager Brymer reviewed the following sections of the draft ordinance. Board
member comments are listed with the respective section:
To is Comments
Definition of emergency pipeline
Road repair agreement Add language from the Bedford ordinance.
Considering a means for allocating road
repair costs if the road is shared by more
than one drilling company at a time.
Application and review of well permit
o Transportation route to service the well
o Screening, fencing, and landscaping
plan
o $15,000 running balance per permit by
the applicant with the Town.
o Grant one year extension
Insurance and Indemnification Add language for environmental "tail" to
o Liability insurance requirements address pollution liability after closure of
well; $20 million per occurrence.
Security Add language to narrowly define Westlake's
o Cash bond requirement bond requirements. Need to determine
amount.
Alderman Corson expressed his desire for a
security that is readily accessible to the
Town, but grants the applicant flexibility as
to the type of security provided.
Periodic reporting
o Annual reporting
Amended well permits
On site operation requirements Add language relative to height restriction
o Distances from residences, public for equipment.
Town of Westlake
Workshop
April 28, 2008
Page 3 of 3
buildings, hospitals, ROW, erosion
control, floodplain, etc.
o Masonry wall required Add strict language to ensure high quality
standards.
Alderman Corson expressed his desire to have staff develop a plan of action to complete the
revisions to the ordinance. Mr. Corson also suggested that the opinion of industry experts be
sought.
Town Manager Brymer advised that staff can develop a time line for consideration by the
Board.
Aldermen Corson and Timmerman agreed to the following policy option:
- Allow oil/gas operations in all zoning districts by SUP with more stringent site
operation and application technical standards that include 1,000 feet spacing
from structures, etc.
Alderman Steger expressed his support for the above policy option if the 1,000 foot spacing
from a structure is "set in stone".
Town Attorney Lowry recommended the Board be explicit with regard to any ability to alter
the requirements with the granting of a Special Use Permit (SUP).
It was the consensus of the Board to continue discussions regarding the gas well drilling
ordinance on May 5, 2008, at 3 p.m.
3. REVIEW OF REGULAR AGENDA ITEMS.
This item was not discussed.
4. ADJOURNMENT.
There being no further business to come before the Board, Mayor Bradley declared the
workshop adjourned at 6:30 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
Scott Bradle ,Mayor
ATTES
Sutter, TRMC, Town Secretary
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
BOARD OF ALDERMEN REGULAR MEETING
Apri128, 2008
PRESENT: Mayor Scott Bradley and Aldermen Larry Corson, Kevin Maynard, Don Redding,
Pete Steger (excused at 10:25 p.m.), and Bob Timmerman.
ABSENT: None.
OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town
Secretary Kim Sutter, Finance Director Debbie Piper, DPS Director
Don Wilson, Facilities and Recreation Director Troy Meyer, and
Assistant to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Mayor Bradley called the meeting to order at 7:27 p.m.
2. CITIZENS' PRESENTATIONS.
There was no one present wishing to address the Board.
3. HEAR A REPORT FROM THE WESTLAKE ACADEMY FOUNDATION
PRESIDENT.
Westlake Academy Foundation Executive Director Angie Gofredo addressed the Board
regarding the item. Ms. Gofredo announced that the Foundation is launching the parent
fundraising campaign this week, and stated that the campaign will consist of letters to all
parents and, with the assistance of one to two parent volunteers per grade level, follow up
telephone calls will also be placed.
Mayor Bradley inquired if the Foundation had set a fundraising goal for the campaign.
Ms. Gofredo responded that a goal has not been established by the Foundation.
Town of Westlake Board of Aldermen Page 2 of 7
Regular Meeting
April 28, 2008
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING
APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING
AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED
DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12); AUTHORIZING, AMONG
OTHER THINGS, A CONFERENCE AND EDUCATIONAL CENTER, DATA
CENTER, OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS;
DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN, REGULATING
PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, TOTAL FLOOR
AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS;
LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS
CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Town Manager Brymer presented the case to the Board. Mr. Brymer stated that the case
includes the rezoning of a 107 acre tract located north of Dove Road and east of J.T.
Ottinger, and currently is included in the existing PD 3-3. Mr. Brymer explained that the
applicant is requesting a new planning area be created to include the 107 acre tract (PD 3-
12).
Town Manager Brymer presented a comparison chart of the current and proposed uses:
COMPARISON OF PERII~HTTED USES ~ 1
PD 3-3 PD 3-12
Office Oftce
Retail Retail -Accessory Use
Residential Conference/Education Center
Hotel/Motel Data Center
Golf Golf
Restaurant Restaurant
Town Manager Brymer advised the Board that, at the applicants request, the number of
single family residences will not be reduced. Mr. Brymer further advised that the Planning
and Zoning Commission considered the case at their April 24, 2008, meeting and voted
unanimously to continue the public hearing to May 8, 2008, at 7:00 p.m. to allow more time
for the completion of a traffic impact analysis.
Town of Westlake Board of Aldermen
Regular Meeting
April 28, 2008
Page 3 of 7
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Discussion ensued with regard to the current and proposed uses, density, thoroughfare plan,
flood plain, the trail system plan and how it relates to the area, utility relocation on Dove
Road and the requirement to place the utilities underground.
Town Manager Brymer advised the Board that information regarding the density of the area,
open space, and the impact to the remainder of PD 3-3 will be prepared by the applicant and
presented to the Planning and Zoning Commission and the Board of Aldermen at their next
respective meetings.
Mayor Bradley opened the public hearing.
There was no one present wishing to address the Board regarding the case.
Town Manager Brymer reminded the Board that the Planning and Zoning Commission will
continue the public hearing at a called meeting on May 8, 2008, at 7:00 p.m.
MOTION: Alderman Corson made a motion to continue the public hearing to May 19,
2008, at 7 p.m. Alderman Timmerman seconded the motion. The motion
carried by a vote of 5-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE
APPROVING AN APPLICATION FOR AN AMENDMENT TO THE
COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE,
TEXAS, BY REMOVING APPROXIMATELY 10.22 ACRES FROM PLANNED
DEVELOPMENT 3-PLANNING AREA 8 (PD 3-8) AND REZONING THAT
ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 10
(PD 3-10); AUTHORIZING OFFICE AND RETAIL USES; DEFINING CERTAIN
TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN,
REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES,
TOTAL FLOOR AREA, PARHING, LOADING AND OTHER DEVELOPMENT
STANDARDS; LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING
FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A
SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE.
Town Manager Brymer presented the case to the Board and advised that the case includes
the rezoning of approximately 10.22 acres currently located within PD 3-8, south of SH 170
and east of SH 377. Mr. Brymer advised that the density of the area will not be impacted
and there are no changes in the permitted uses; however the applicant is requesting changes
to the proposed regulations. Mr. Brymer advised the Board that the Planning and Zoning
Commission considered the case on April 24, 2008, and unanimously recommended
approval of the case and the proposed regulations.
Town of Westlake Board of Aldermen
Regular Meeting
April 28, 2008
Page 4 of 7
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Director of Planning and Development Edwards reviewed the proposed zoning requirement
changes as related to 1) lot size and width; 2) setbacks; 3) sign standards; 4) landscape
development standards; 5) parking lot landscaping; and 6) lighting standards.
Discussion ensued with regard to the proposed requirement changes, specifically as they
relate to the number and size of trees and the number and size of the proposed signs.
Director of Planning and Development Edwards advised the Board that the proposed
number, location, and size of signs can be reviewed with the submittal of the site plan.
Alderman Corson advised the Board that, through a request of the chairperson of the public
art committee, the Commission requested the applicant explore opportunities for public art
sites on the tract and/or opportunities to incorporate public art in the signage as they work
through the site plan process.
Town Manager Brymer advised the Board that he raised the issue of four sided architecture
at the Planning and Zoning Commission meeting and it was agreed that the applicant would
be sensitive to four sided architecture.
Alderman Corson inquired if the proposed sign regulations would become part of the
ordinance.
Town Attorney Lowry responded that, if desired by the Board, the proposed sign regulations
could be included in the ordinance.
Mr. Joe Schneider, Hillwood Development, addressed the Board regarding the rationale on
the number and type of signs. Mr. Schneider stated that the determinations regarding
signage have been based on the location and the square footage of the buildings, and stated
that the signs will include architectural elements.
Alderman Corson requested the proposed sign regulations be made a part of the ordinance
and requested that staff pay close attention to changes that may be presented in the site plan
process relative to proposed signage.
Mayor Bradley opened the public hearing.
There being no one wishing to speak, Mayor Bradley closed the public hearing and asked
for a motion.
MOTION: Alderman Corson made a motion to adopt Ordinance No. 592, amending the
comprehensive zoning ordinance of the Town of Westlake, Texas by
removing approximately 10.22 acres from the PD 3-8 planning area and
rezoning that acreage to PD 3-10 with the condition that both grids submitted
Town of Westlake Board of Aldermen
Regular Meeting
April 28, 2008
Page 5 of 7
as exhibits to the case be attached to the ordinance. Alderman Maynard
seconded the motion. The motion carried by a vote of 5-0.
6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING
AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING
APPROXIMATELY 10.82 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING
AREA 9 (PD 3-9) AND REZONING THAT ACREAGE TO BE CALLED PLANNED
DEVELOPMENT 3-PLANNING AREA 11 (PD 3-11); AUTHORIZING OFFICE AND
RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING
THE PD CONCEPT PLAN, REGULATING PERMITTED USES, HEIGHT, LOT
SIZES, BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND
OTHER DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND
DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING
MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
Town Manager Brymer presented the case to the Board and advised that the case includes
the rezoning of approximately 10.82 acres currently located within PD 3-9, north of State
Highway 170 and east of State Highway 377. Mr. Brymer advised that there are no changes
in the permitted uses; however the applicant,. is requesting changes to the proposed
regulations. Mr. Brymer advised the Board that the Planning and Zoning Commission
considered the case on April 24, 2008, and unanimously recommended approval of the case
and the proposed regulations.
Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties,
representing the applicant was present to address questions from the Board.
Discussion ensued with regard to the number of proposed monument signs and the type of
retailers who would occupy the space.
Mr. Schneider stated that Hillwood has held discussions with several potential retailers,
including a convenience store with fuel operations, drive-thru and sit down restaurants, as
well as medical offices. Additionally, Mr. Schneider added that Hillwood is not asking for
more signage than currently allowed, but for a larger sign.
Mayor Bradley opened the public hearing.
There being no one requesting to speak, Mayor Bradley closed the public hearing
MOTION: Alderman Maynard made a motion to adopt Ordinance No. 593, amending
the comprehensive zoning ordinance by removing approximately 10.82 acres
from PD 3-9 and rezoning that acreage to be called PD 3-11, with the
stipulation that the number of signs will be determined at the time of the site
plan by the Board of Aldermen and the language will be inserted in the
Town of Westlake Board of Aldermen
Regular Meeting
April 28, 2008
Page 6 of 7
ordinance. Mayor Pro Tem Redding seconded the motion. The motion
carried by vote of S-0.
7. HEAR A STATUS REPORT ON CONSTRUCTION OF THE WESTLAKE ARTS AND
SCIENCES CENTER AND PRELIMINARY PLANS REGARDING A
GROUNDBREAKING CEREMONY.
Facilities and Recreation Director Meyer addressed the Board regarding the item. Mr.
Meyer advised the Board of the following:
- Bids will be received for the relocation of utilities associated with the
construction of the Arts and Sciences center and the contract will be placed
before the Board at the May 5, 2008, meeting.
- Staff is currently negotiating with Steele and Freeman, Inc. to serve as the
contractor at-risk for the project, and staff will present the agreement to the
Board at the May 5, 2008, meeting for consideration.
- A groundbreaking ceremony is proposed for June 4, 2008, for the Arts and
Sciences center project. The total cost is not expected to exceed $1,000.
8. CONSENT AGENDA.
Mayor Bradley introduced the item and asked for a motion.
A. Review and approve minutes of the Board of Aldermen pre-board and regular meetings
held on April 14, 2008.
B. Review and approve minutes of the Joint Regional Meeting held on March 12, 2008.
C. Review and approve any outstanding bills.
MOTION: Alderman Steger made a motion to approve the consent agenda as presented.
Alderman Maynard seconded the motion. The motion carried by a vote of 5-
0.
9. EXECUTIVE SESSION.
Mayor Bradley recessed the regular session of the Town of Westlake Board of Aldermen
meeting at 9:29, p.m., as he read the following item to be discussed in executive session:
A. The Board will conduct a closed session under Texas Government Code section
551.087, Deliberations regarding Economic Development Negotiations,
specifically the Economic Development agreement with Deloitte, LLP.
Town of Westlake Board of Aldermen
Regular Meeting
April 28, 2008
Page 7 of 7
Mayor Bradley convened the executive session at 9:30 p.m. The executive session
adjourned at 10:28 p.m.
Mayor Bradley reconvened the regular meeting at 10:29
Following executive session, the following motion was made:
MOTION: Alderman Corson made a motion to approve a revision to the economic
development agreement between the Town of Westlake and Deloitte, LLP
(Resolution 08-19, 3-24-08), Section 10. Tax Abatement (B) to read as
follows: The term of the tax abatement for each Qualified Facility shall
extend for a period of ten (10) years from the date of issuance of the Final
Certificate of Occupancy for the Qualifying Facility. Alderman Timmerman
seconded the motion. The motion carried by a vote of 4-0 (Alderman Steger
was excused from the meeting at 10:25 p.m. and was not present for the
vote.)
10. ADJOURNMENT.
There being no further business, Mayor Bradley adjourned the meeting at 10:35 p.m.
APPROVED BY THE BOARD OF ALDERMEN ON MAY 19, 2008.
Scott Bradley, Mayor
ATT S .
i Sutter, RMC, Town Secretary