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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