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HomeMy WebLinkAbout10-06-08 TC Agenda Packet WESTLAKE TOWN HALL 3 VILLAGE CIRCLE MUNICIPAL COURT ROOM, SUITE 207 . . 1 i � i i 1 ' • i i f •` i 0 13 N., waff,"Url 810 1010 W1,101 PZZX 01 1 i i i 1 ! IFIA 0"01"Ruy 14100 OR + i •; MACHINE 5. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and/or Board meeting, under"Future Agenda Item Requests", an agenda item for a future Board meeting. The Board member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item,the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion, If the requesting Board member receives a second, the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. I X IE 'i M Town of Westlake Board of Aldermen Workshop Agenda October 6,2008 Page 2 of 2 •101"61 X"I LOW&M IMM91'=191 1 M I W*UNT-Roll a' • CERTIFICATION_ I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday, October 3,2008,by 4 p.m.under the Open Meetings Act,Chapter 551 of the Texas Government Code. Kim Sutter,TRMC,Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Menlo To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Workshop Meeting of October 6, 2008 Date: September 22, 2008 ICI Y MU'i Presentation, Discussion, and Consideration of Surveys for Citizen/Stakeholder Engagement and Feedback. VISION POINT AND KEY RESULT AREAS This item supports the following Town Vision Point and Key Result Areas: 0 Hospitality Finds its Home in Westlake o Citizen engagement and communication BACKGROUND The Board has identified as a part of its strategic planning process a key result area of citizen engagement and communication. As the Proposed 08/09 Budget was discussed I have mentioned to the Board that many communities use statistically validated surveys as a tool to receive and measure citizen satisfaction levels and other issues related to municipal services. Mr. Chris Tathum of ETC Institute will be at the workshop to present information related to these surveys and how they can be used by the Board of Aldermen as a tool to obtain citizen perspective in way that enhances decision making. ETC Institute works with municipalities, school districts, hospitals, non-profits, the US military and others providing these survey services. FUNDING: The Board has designated funding in the FY 08-09 Adopted Budget for a survey. RECOMMENDATION Staff recommends that the Board hear Mr. Tathum's presentation, ask questions, gather information, and come to consensus as to whether or not a survey is something the Board is interesting in pursuing. If the Board reaches consensus on that point, then it is recommended that the Board reach at least a general preliminary consensus as to what it is that the Board is interesting in surveying, the survey target population, and what the survey's general content focus should be (i.e.- quality of services, service level satisfaction, willingness to pay more, etc). If there is some broad level of general consensus on that point, then staff recommends that it be authorized to negotiate a scope of services with ETC Institute and bring that back to the Board for its consideration. Staff further recommends that the scope of services should include Board input, review, and consensus on the actual survey instrument itself. ATTACHMENTS: 1. Information on ETC Institute htti):,,,".,,"www.etciiistitute.com/"etenew2.htin 2. Information on ETC Institute's Direction Finders Survey http://w NN,,w,etcinstitUtc.coM/etcnew2 031.htm 3. Chris Tatham Resume http:,,"Av w.etcinstitute.co n/etcnew2 025.litm ETC—Institute -Page: 1 of 23 Page 1 of 2 Contact Us 725 W.Frontier Circle Olathe,KS 66061 (913)829-1215 ETC Institute recently'opened its new 10,000 squaw foot State-of-the—lit tall renter, Sutse its grand opening in December 2006,woiL load capacity has tripled, A Cording to a resent snrvey= ETA'Institute's experience {c th surdar projects is the munber I reason clients Choose thern over competing fiirns. mhtml:file:HC:\Users\ksutter,WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/30/2008 ETC_Institute -Page: 1 of 23 Page 2 of 2 mhtml:file://C:\Users\ksutter.WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/30/2008 Direction Finder Pagel of 3 ...helping organizations make better decisions since 1982. ETC Institute DirectionFinder ...HELPING COMMUNITIES USE CITIZEN INPUT TO SET A CO ARSE FOR TOMOR t®W. What is DirectionFinder is a comprehensive, public opinion survey instrument developed by ETC Institute to meet the unique information and budget needs of city and county governments. In doing so, we have developed a vast library of standardized questions and survey instruments that get high levels of response and the kinds of information decision-makers need. With DirectionFinder, we have created an off-the-shelf resource that lets city and county leaders measure the impact of virtually any service they provide. Through these ready-made public opinion surveys, you can get the kind of information you need to make your budget and programmatic decisions. And you can get these solid, real-world answers without the often considerable expense of customized surveys. And because we built DirectionFinder on a foundation of standardized questions, it means that you'll get results that you can compare to those of other communities like yours nationwide. You should use DirectionFinder if you want to: DirectionFinder will show you whether the perceived quality of service delivery is improving or declining in your community. It also provides you with a benchmark that allows you to compare your community's performance to others. DirectionFinder gives you the tool to determine how successful a program is in the eyes of residents. DirectionFinder provides the means to reach out to community members whose opinions might not otherwise be heard. It lets city leaders know what voters who do not come to public hearings or actively participate in local government think about local issues. DirectionFinder allows cities to gather statistically valid input from residents at a significantly reduced cost; standardizing the survey questions greatly reduces the professional costs associated with the design and administration of the survey. What will you get with The basic DirectionFinder will: • Stormwater • Parks and Recreation • Customer Service • Code Enforcement • Economic Development • Quality of Life • Housing • Communication • Maintenance • Public Safety mhtml:file://C:\Users\ksutter.WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/30/2008 Direction Finder Page 2 of 3 ® Rates and Fees ® Community Image ® Water Services ® Transportation - Help you assess your community's overall performance in each of these 14 categories -Identify the relative importance that your residents place on each of these 14 categories. -Tell you how satisfied your residents are with the facilities you provide, such as streets, parks, sidewalks, lighting, etc. -Assess the value your residents think they receive for their local tax dollars. ETC Institute has designed optional sets of questions that can be added to the Basic DirectionFinder to help you get more information about specific issues in any of the 14 categories. In addition, if you have an issue that is unique to your community, ETC Institute will work with you to design questions that are tailored to your needs. When you subscribe to ,we'll work together as follows: For More Information Please Contact: I ffil*71W=II DirectionFinder developed? For more than 20 years, ETC Institute has worked with local governments nationwide to gather statistically valid and representative input from residents on a wide variety of issues and topics. We have administered citizen surveys on a regular basis on a broad range of community issues to help community leaders make informed decisions. Why should you use DirectionFinder? DirectionFinder DirectionFinder? - Monitor performance consistently overtime - Objectively measure and evaluate the impact of specific programs mhtml:file://C:\Users\ksutter.WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/30/2008 Direction Finder Page 3 of 3 -Prioritize resources - $ave Dollars -Objectively measure the overall attitudes of your residents in 14 major categories What if you need more information? ® A representative from your organization contacts ETC Institute to participate ® ETC Institute works with you to determine the best sample size for your community based on population and the amount of subanalysis desired ® You decide whether you want to have any of the optional sets of questions asked in addition to the core set of questions ® ETC Institute works with you to ensure the survey is tailored to specific issues in your community ® ETC Institute administers the survey when you would like it to be administered ® ETC Institute provides your community with results of the survey by a mutually agreed upon date. Although the normal time frame for administering and reporting the results on their survey takes about 4-6weeks, communities can place a priority request on their survey and have the results in less than 14 days for a slight increase in fee. - If desired, ETC Intitute will provide you organization with a formal presentation showing how your performance compares to other communities of your size at the regional and national level During the past 20 years, ETC Institute has helped leaders of more than 100 cities in 46 states use citizen surveys to make better decisions. ETC Institute's nationally recognized qualifications in citizen issue research are unparalleled DirectionFinder® Overview s_ 6 .t 4 z Home lei-ni Ol erg-iew Staff` Research Divisions Capa flit es A,,1vards mhtml:file://C:\Users\ksutter.WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/30/2008 Page 1 of i ETC—Institute -Page: 17 of 23 leaders better ETC Institute' Dire program was originally developed in a as a tool help unity in the Kansas City area use statistically valid community iii y . . November 1999,the survey has been administered in more than 100 cities an counties decisions. Since Novem across the United States. questions that allows city and county officials to uestions,ETC The DirectionFinder® Survey contains a core set of q rites questions that are tailored to their needs. Survey p compare their communities to regional and nationaubenchmarks.In addition tot e core Institute works with local communities to design q start at$4,300 {_ ._ ...helping organizations make better decisions since 1982. ETC Institute ¢ DirectionFinder® 0 i Staff' i ] I isions I�es .apab iii-s ards w VN, m Deskto \10-6-OS BOA Meeting\Workshop\... 9/30/2008 html:file://C:\Users\ksutter.WESTLAKETX\ p Page 28 Page 1 of 3 Christopher E. Tatham is one of the nations leading authorities on the development of statistically valid, community-based, market research for governmental organizations. During the past ten years, he has designed and implemented community-based research initiatives for more than 150 agencies in more than 30 states. Chris has superior skills for planning and coordinating complex tasks that are required for the successful administration of comprehensive needs assessment research programs.During the past year, he managed more than $2 million dollars worth of research projects with budgets ranging from $2,000 to more than $500,000, including projects for the University of Health Sciences,the University of Missouri at Columbia, Johnson County Community College, and the University of Missouri at St. Louis. He is a highly skilled interviewer and focus group facilitator.His experience includes interviews with foreign cabinet members, Heads-of-State, ambassadors, and numerous leaders at all levels of government and business in the United States, Mexico, and Canada.His communication skills (both English and Spanish) are excellent and he is extremely successful at getting quality feedback.During the past year, he facilitated more than 75 focus groups and nearly 200 stakeholder interviews. Recent presentations and talks given by Mr. Tatham to regional and national audiences during the past year include: "Identifying Strategies for Passing Voter Referendums" (Carolina School of Governments - Charlotte, NC); "How to Increase Customer Satisfaction with Effective Communication,"(American Waterworks Association Research Foundation -Washington, D.C.); "How Municipal Departments Can Implement Effective Customer Satisfaction Programs on a Limited Budget," (Government Training Institute of Kansas and Missouri); "Benchmarking Citizen Satisfaction with the Delivery of Governmental Services"(Mid America Regional Council- Kansas City, MO); "Best Practices in Community Survey Research,"National Association of Counties -New Orleans). ! Conducted a comprehensive image and strategic marketing assessment for the of in The project involved stakeholder interviews with opinion leaders in the area, a survey of residents, and a survey of employers in the region.The results were used to support the University's strategic planning effort. ! Served as project manager for Mid America Regional Council's Transit Demand Assessment Study which has been used to develop the physical and operational requirements for a regional public transportation system in the Greater Kansas City area. ! Served as the project manager for the Kansas Department of Transportation's Partnership Project, which was a top to bottom review of the Agency designed to identify ways to make the KDOT more responsive to the needs of residents. ! Managed dozens of needs assessment surveys that have supported the development of nearly one billion dollars worth of new facilities including schools, recreation centers, outdoor athletic fields, indoor and outdoor aquatic centers, ice-skating facilities, regional parks, museums, transit centers, and other facilities. ! Developed and implemented ETC Institute's DirectionFinder Survey which allows more than 70 cities and counties in 12 different states to objectively assess community priorities and citizen satisfaction against regional and national benchmarks for a wide range of local governmental services.Manages the administration of ETC Institute's annual city and county performance assessment survey of residents. ! Managed a large international customer satisfaction research project for the American Waterworks Association Research Foundation (AWWARF)that involved the design and administration of more than 5,000 surveys and 70 focus groups in five metropolitan areas in , including , , City, , and . Origin an _Destgnat on Suar�veys.During the past ten years, he has served as project manager for the administration of regional origin and destination surveys in a dozen states.Recent projects include the following: Greater Buffalo-Niagara,New York, Regional Origin and Destination Survey Missouri Department of Transportation Statewide Origin and Destination Survey Charleston, South Carolina, Regional Origin and Destination Survey Pikes Peak Area Council of Governments Regional Origin and Destination Survey Jacksonville,North Carolina, Regional Origin and Destination Survey mhtml:file://C:AUsers\ksutter.WESTLAKETX\Desktop\10-6-08 BOA Meeting\Workshop\... 9/26/2008 Page 28 Page 2 of 3 Wichita, Kansas, Origin and Destination Survey Syracuse, New York, Regional Origin and Destination Survey Greater Louisville, Kentuckey, Regional Origin and Destination Survey North Front Range Regional Origin and Destination Survey Montegomery County, Kansas, Origin and Destination Survey Southwestern Kansas, Origin and Destination Survey Southwest Missouri Regional Origin and Destination Survey VisitorSur_veys.Since 1990, he has served as project manager for more than 50 visitor related surveys.Recent projects include the following: • Lake of the Ozarks, Missouri, Visitor Survey. • Branson, Missouri, Visitor and Employee Survey • St. Charles, Missouri, Visitor Survey. • Independence, Missouri, Visitor Survey. • Olathe, Kansas, Visitor Survey. • Kansas City, Missouri, Visitor Survey. • NAIA Basketball Tournament Visitor Survey. • State of Kansas Travel Behavior Survey. • Tucson, Arizona, Visitor Survey. • Springfield/Branson, Missouri, Airport Survey. • Kansas City Regional Airport Survey. • National Capital Visitor Survey, U.S. National Park Service Community Surveys in Place with w /populations > 100,000 ! Aurora (CO) ! Columbus (OH) ! Dekalb County (GA) ! Denver (CO) ! Detroit (MI) ! Fort Collings (CO) Fort Lauderdale (FL) ! Fort Worth (TX) ! Henderson (NV) Johnson County (KS) ! Kansas City (MO) ! Long Beach(CA) ! Mesa (AZ) ! Nashville (TN) ! Olathe (KS) Overland Park (KS) ! Pasadena (CA) ! St. Louis County (MO) ! Tempe (AZ) ! Tucson (AZ) Tulsa (OK) ! Wichita (KS) EDUCATION: M.B.A. Kansas State University, Management, graduated first in class B.A. Princeton University, N.J. Political Science /Economics, graduated magna cum laude Other Princeton University, N.J., Certificate of Proficiency in Latin American Studies mhtml:file://C:\ Users \ksutter.WESTLAKETX \Desktop \10 -6 -08 BOA Meeting\Workshop \... 9/26/2008 Page 28 Page 3 of 3 CURRENT ASSIGNMENT Senior Executive Vice President and Director of Operations for ETC Institute >Mr. Tatham is currently a senior manager for a 52- person, market research firm that specializes in the design and administration of customer satisfaction research for governmental, nonprofit, and private organizations.Areas of emphasis includearansportation, planning and zoning, parks and recreation, public safety, and utilities.Under his leadership as Director of Operations, the company's sales have increased by more than 1100% since 1996.The company was recently selected as one "One of the Best Places to Work in " by the Kansas City Business Journal.ETC Institute also received the prestigious "Top 10 Small Businesses in Greater Kansas City" award from the Greater Kansas City Chamber of Commerce; the firm was selected from more than 1700 nominees. PROFESSIONAL AWARDS AND COMMUNITY INVOLVEMENT ! Strategic Planning Committee, City of Olathe, Kansas ! Board of Directors, Olathe Chamber of Commerce ! Parks and Recreation Board, City of Olathe, Kansas ! Convention and Visitors Bureau of Olathe, Kansas Precinct Committeeman Major, U.S. Army Reserves ...helping organizations make better decisions since 1982. ETC Institute Christopher E. Tatham, Vice President BREIF DESCRIPTION OF RELATED PROJECTS .: =t=aw; °: (913')- 8} 12", 3 t4 Firm Overview Staff e Divisions 01 €k-) tit, s mhtml:file: / /C:\ Users \ksutter.WESTLAKETX \Desktop \10 -6 -08 BOA Meeting \Workshop \... 9/26/2008 To: Honorable Mayor and Members of the Board of Aldermen From: Eddie Edwards, Director of Planning and Development Subject: Workshop Meeting of October 6, 2008 Date: September 30, 2008 ITEM Presentation and discussion of staff work to date regarding possible amendments to the Oil and Gas Wells section of the Town of Westlake Code of Ordinances. This item supports the following Vision Point and Key Result Areas: M Inviting Residential & Corporate neighborhoods • On -going comprehensive planning • Sensitivity to neighborhood integrity • Outstanding community appearance • Highest quality development and aesthetic standards • Open space preservation M We are Leaders • Environmental stewardship initiatives • High quality services delivery coupled with financial stewardships • Infrastructure maintenance and planning BACKGROUND This item is a continuation of the discussion held at the September 22, 2008, Aldermen workshop. At the May 5, 2008, workshop on this subject the Board of Aldermen directed staff to: Look into Keller's adopted and Southlake's proposed ordinances to obtain information as to lessons learned and /or the reasoning behind their ordinance language. Westlake staff met with stafffrom both Keller and Southlake, reviewed their respective ordinances and received feedback as to items they feel could be improved upon and will be considering this information as the draft ordinance progresses. Look into the viability of obtaining objective, non - conflicted resources in terms of outside technical expertise to assist staff. Staff has obtained an objective, non - conflicted authority, who specializes in the enforcement of these types of ordinances, to assist staff in the review and preparation of this ordinance. Include in this process a focus group of interested local oil /gas industry representatives to get their technical feedback/input. Staff has and will continue to include industry representatives in the drafting and review process of the ordinance. Industry professionals have been very informative and willing to assist in any way possible. Make sure that we inform and receive input from our citizens as to what the staff will propose to the Board in terms of an ordinance amendment prior to it going to the Board. Following this workshop, and after incorporating the board's direction into the draft ordinance, staff will hold a meeting to inform and receive input from Westlake citizens prior to presenting the ordinance to the Board ofAldermen for adoption. Before presenting a draft of the ordinance to the public, staff felt that we should seek feedback from the Board of Aldermen on several key regulations. In the previous two workshops there was discussion and general consensus on several items. However, after further research and after the benefit of input from the sources recommended by the Board of Aldermen, we think these areas should be revisited before proceeding further with the draft. Many of the regulations in all of our neighboring cities ordinances are very similar and are either limited by state or federal laws, or are deemed agreeable to both the cities and the operators. The key regulations that seem to vary from city to city are: ® Setbacks- Distance from wells to dwellings, structures, roadways, parks, and property lines. • Roadway usage - road repair agreements and routing. • Water — Source and storage of water for fracturing the shale. Storage and disposal method of flow -back and produced water. ® Permits - Procedures for obtaining permits and permit fees. Staff is seeking direction if not a general consensus on the proposed regulations governing the above issues. We will be presenting information brought to light since our last workshop that should be considered prior to concluding that the most restrictive or most commonly accepted regulations are the best regulations. ATTACHMENTS PowerPoint Presentation • � �i �l � �(f `its �� �"� � lj � . � � � ,) , ,1 if f ii g� �� 4 Guiding Principals Staff is not seeking a commitment from the Board on these issue rather a general consensus that the Board is willing to consider a ordinance containing Following citizen feedback and continued staff research, the Board will be presented a draft ordinance for consideration and approval. Some changes could still be made at that time if the Board were t,-#, incorporate • changes • their motion •' approval. •• a t • �� ,t _. • , ,, • � • Gas Well Pad area operational •' d with g ` drilling d production. Prill Zone - The area within an approved Gas Well Pad Site designated to drilling well bores. Gas I *The Texas Local Government Code imposes a 200 feet minimum. ** Measured to the property line instead of the structure. a Why not just adopt the greatest setback that any of our eigh b The purpose of • nuisance g , Unintended consequences of larger • 1000 foot s000 + Z000 + ioo = 2100; zsoo x zsoo = 41410,000 / 43560 = 101.24 acres • 600 foot + 6 + 100 = 1300; 1300 X 1300 = 1,690,000 / 43560 = 38.8 acres e 300 foot 911 10 + 100 = 700; 11 X 700 = 491111 1 =11.25 acres I ! r ! !" 0 11 - baseline minimum standard. Setbacks Proposed m continued Distance from drill zone to protected use setback. * 300 feet — absolute minimum i�ii iq mpq III I ii ii MITI! After a Gas Well surrounding the required setback from future habitable structures will be 300 feet. This reduction allows for more options for development o properties. lit I 1., The proposed requirement for the Drill Zone to be a minimum of 75 feet from the perimeter of the Gas Well Pad Site, along with minimum required 0 foot s.;ice oas Well Pad Site perimeter fence from .?.djacent property lines, results in a minimum 125 foot setback from any structures or other uses not related to the gas well drilling or production operations. Variances to the setback requirements, or deviations from any other regulations governing the drilling and production of gas, may be authorized during the Specific Use ai L31000' from habitable structures — rural L3600' from ha• .• •. d L375' from property line unless neighborin�V property owner approves lesq ..ZI 9 Roadway Improvement- / Repair agreement Approved truck routes— Truck routes will be approved during the Gas Well Pad Site permitting process. M minimizing • makes • line item comparison with other cities impractical. The agreement will be specific to each project and will require approval by the Board of Aldermen. s Fresh water supply for gas drilling operationsO m Water Supply Consensus 1 Am 20 LJOption A is to have all water trucked out of town for disposal. Most likely the waste will be pumped into a nearby Salt Water Disposal tiperator chooses to do so. 21. There is a two pronged approach to regulating Gas Well Drilling and Production activities requiring two separate ordinance amendments. Regulatory standards • • • Codes as they relate buildings. Dealing safety and operational facets of the operation. Zoning • ' Land Usit m 7.F�ermitting Approval Process C� LIAllowed in all zoning districts with Specific Use Permit. 24 Fend Screening & Landscaping Westlake 8' perimeter wall constructed of stone.. cast stone or split-face concrete masonry units as approved by SUP. Evergreen spacing along wall. the 2 5 Fencing/ Screenin, Municipality Screening & Landscaping Requirments from a protected use. 21 Aoadway landscape Zonz m .l <> 2 li�encing/ Screenin LI Minimum 40' landscape l around perimeter. I LJ Must meet Town Edge Open Space Zone landscape requirements when applicable. J. Keller 90 db /300 feet Roanoke 7 /300 feet — 85 during fracing Fort Worth* 5 /daytime or 3 /ni tti e - 1 / a ti e or 5 clb/nighttime during fracing 5out lake* 5 db/daytime or 3 /nighttime - 1 / ati e or 5 /nighttime during fracing Trophy Club 70 /300 feet - 80 during fracing Argyle 90 db/300 feet Westlake current 9 /300 feet Westlake ti or 9 B tl db/nighttime during fracing. 85 db max. When measured at . nearest Protected . receiver's/receptor's property ' •,, one • ' • Protected 32 w. `,M4 .. .;.7 _ S FIGURE 1 NOISE STANDARDS At no point along the bounding property line of any lot or parcel in a residential district shall the sound pressure level of any operation or activity exceed the decibel limits specified in the octave band groups designated in the following table: 37--75 80 75-150 68 150-300 61 300-600 55 600-1200 51 1200-2400 48 2400-4800 45 4800-9600 43 A scale (for monitoring purposes only) 56 Noise level adjustments: Nighttime noise--7 p.m. and 7:00 a.m. subtract 7 db Impulsive noise subtract 7 db (Meter reading changes at a rate greater than ten db per second) 34 *ower lawnmower up close.............90 dV Source — United States Department of Energy =AS 9 5 db/daytime or 3 clb/nighttimp.- during LI 10 db/daytime or 5- clb/nighttime fracing. LJ 85 db max. unless ambient is higher 0 Mork?—=, Aaft Lurrent Gas and Oil Ordinancz Operations and equipment practices .) COY O Shall conform to the outdoor lighting ordinance to the degree practical and safe, W Cannot shine directly on public roads or adjacent property and shielded so no glare on public roads or buildings within 300 feet. dMJ6b. 9% a 77 o►d ,.�i aftf ei- Definitions Setbacks =AM= Roadway usage Permits Gas Well Pad area used for operational activities associated with gas drilling and production. Drill Zone The area within an approved Gas Well Pad Site designated to drilling well bores. .�ite,htbacks = discussion points all Why not just adopt '. of our neighbo are using? The purpose of setbacks — safety and quality of life or nuisance mitigation. Unintended consequences of larger setback requirements. - pq ' - ,• 111 :� , pip I m�r;�p I i - MIM31 .� •� _ After a Gas Well Pad Site has been approved, the required setback from future habitable structures will be 300 feet. This reduction allows for more options for development of surrounding properties. street Proposed distance from drill zone to right-of-way All other street right-of-ways — The perimeter fence must be behind the established building setback line for the o • 9 The proposed requirement for the Drill Zont to be a minimum of 75 feet from the perimeter of the Gas Well Pad Site, along with a minimum required 50 foot separation of the Gas Well Pad Site perimeter fence from adjacent property lines, results in a minimum 125 foot setback from any structures or otheT uses not • d to the gas well drilling or production variances other deviations from any governing the drilling and production of gas, may be authorized during the Specific Use a e Roadway Improvement / Repair agreement • • SM Approved truck routes— Truck routes will be approved during the Gas Well Pad Site permitting process. Encourage use of State owned Highways and Access Roads by reducing roadway improvement/repair fees. — Prohibit usage of certain roads based on safety factors and traM# Coordinate efforts with neighboring cities to regulate truck routes for as well sites located in the Town of Westlake and in neighboring cities. z drilling operations. Freshwater wells may be drilled on site or water may be trucked or piped in and stored on site. XT7MIM"', MM Waste production operations There is a two pronged approach to regulatin� Gas Well Drilling • Production activities requiring separate - amendments. — Regulatory standards are similar to the Building Codes as they relate to new buildings. Dealing d operational facets Town of Westlake I! To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Workshop Meeting of October 6, 2008 Date: September 22, 2008 ITEM Discussion and consideration of changing the name of the Board of Aldermen to Town Council or City Council. VISION POINT AND KEY RESLULT AREAS This item supports the following Town Vision Point and Key Result Areas: Q Hospitality Finds its Home in Westlake o Citizen engagement and communication At the Board of Aldermen's September 22, 2008 workshop, the Board approved taking up this agenda item submitted by Alderman Britian. The Town Attorney will brief the Board on this item at the workshop. TBD. This would depend on the approach used regarding existing supplies of stationary, business cards, name plates, etc. There may be costs associated with updating the Town's code of ordinances where there are references to the Board of Aldermen that would be replaced with Town Council or City Council. Following a briefing by the Town Attorney, it is recommended that the Board determine whether or not this is something that it wishes to pursue and if it is, give appropriate direction to staff. ATTACHMENTS None town of AIILPA12-1 5. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under "Future Agenda Item Requests ", an agenda item for a future Board meeting. The Board member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. - None. Town of Westlake 99MMEM Back up material has not been provided for this item. '0� � �1 11 MUNICIPAL WESTLAKE TOWN HALL 3 VILLAGE CIRCLE O ROOM, 1... 11 r 2. CITIZEN PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 3. CONSENT AGENDA: All items listed below are considered routine by the Board of Aldermen and will be enacted with one motion. There will be no separate discussion of items unless a Board member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Review and approve minutes of the Board of Aldermen special meeting held on September 15, 2008. b. Review and approve minutes of the Board of Aldermen regular meeting and workshop and held on September 22, 2008. c. Review and approve minutes of the Board of Aldermen and Planning and Zoning Commission joint workshop held on September 29, 2008. Town of Westlake Board of Aldermen Regular Meeting Agenda October 6, 2008 Page 2 of 3 . d. Consider a Resolution authorizing the Town Manager to execute an Inter -Local Agreement with the City of Fort Worth for the Environmental Collection Center and Household Hazardous Waste Program on an annual basis. 4. • REPORT FROM THE PRESIDENT OF THE WESTLAKE HISTORICAL 0_1 1 CONSIDER O APPOINTING 1 1 1 SERVE HISTORICAL MEMBERS OF THE WESTLAKE PRESERVATION i CONDUCT 7. • PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR A SPECIFIC USE PERMIT (SUP-08-01) O. PRIVATE TO BE 1 AT 1502 IN THE VAQUERO RESIDENTIAL ADDITION-PHASE 8. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE APPROVING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL 2600 JT O (WITHDRAWN BY .. 9. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under "Future Agenda Item Requests ", an agenda item for a future Board meeting. The Board member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. - NW Metroport Chamber of Commerce State of the Cities o Tuesday, 10/7/08, 11:30 a.m. Trophy Club Country Club - Arbor Day Celebration o Saturday, 10/11, Glenwyck Farms park area, 8 a.m. — 3 p.m. - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas Town of Westlake Board of Aldermen Regular Meeting Agenda October 6, 2008 - FM 1938 Public Hearing o 11/6, displays at 6:30 p.m., public hearing at 7 p.m. Cross Timbers Community Church, 2525 Florence Road, Keller - Household Hazardous Waste collection day o 11 /8/08, 9 a.m. to 1 I a.m., Westlake Academy Campus - Christmas Tree Lighting o Tuesday, 12/2/08, 6:30 p.m. Page 3 of 3 The Board will conduct a closed session under Texas Government Code for the following: a. Pursuant to Section 551.074 to discuss personnel matters; specifically to conduct the Town Manager's evaluation. b. Pursuant to Section 551.072: deliberation regarding the purchase, exchange, lease or value of real property: Mineral interests owned by the Town. c. Pursuant to Section 551.071(2): consultation with town attorney on a matter in which the duty of the town attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this Chapter: Governing structure and processes of Texas Student Housing Authority 13. 'TAKE ANY ACTION FROM EXECU'T'IVE SESSION, IF NECESSARY 14. ADJOURNMENT. 1% Ask CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, by Friday, October 3, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. [aim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817 -490 -5710 and reasonable accommodations will be made to assist you. Town of Westlakt Presentations This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. The Board will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action, MINUTES OF TOWN OF i ..,' -. i 1 , . PRESENT: Mayor Laura Wheat and Aldermen Larry Corson, Carol Langdon, and Rebecca Rollins. ABSENT: Aldermen Tim Brittan and Don Redding. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, DPS Director Don Wilson, Finance Director Debbie Piper, Assistant to the Town Manager Ginger Awtry, Head of School Mark Rosevear, and Public Works Superintendent Jarrod Greenwood. Mayor Wheat called the meeting to order at 5:10 p.m. Mayor Wheat led the pledge of allegiance to the United States and Texas flags. Facilities and Recreation Director Meyer reviewed the timeline of the project to date and current funding sources and advised that any funding shortfall is expected to be covered by the Foundation through donations and /or grants. Town of Westlake Board of Aldermen Special Meeting Minutes September 15, 2008 Page 2 of 4 Mr. Meyer advised the Board that the Resolution has been revised to authorize staff to authorize funding changes not to exceed $25,000 per change order. Mr. Meyer stated that the total project cost for Phase I originally came in at $53M. The contractor was instructed to review the bids for possible cost savings and subsequently presented a revised cost of $5.1M. Discussion ensued with regard to the pros and cons of pouring the slab foundation for the construction of the Black Box and art room. Additionally, the Board expressed their concern with regard to whether the facility, as designed today, will serve the needs of the future. Mayor Wheat expressed her concern with committing to a footprint for a future building if the slab foundation is poured as part of the Phase 1 project. Mr. Michael Bennett, Gideon Toal, advised the Board that some flexibility with regard to constructing a future building would be lost if the slab foundation was poured at this time. Alderwoman Rollins expressed her concern with regard to the changing needs of future grade levels. Assuming the number of classes remain at two per grade level, HOS Rosevear stated that the minimum need at this time is two science labs and an art room. Mayor Wheat stated that she did not sense any objections from the Board with regard to financing the pledges out of the General Fund until the pledges are received and could be paid back. Additionally, Mayor Wheat asked Town Manager Brymer to clarify the cost associated with the utility relocation. Town Manager Brymer advised the Board that the cost attributable to the Town for the utility relocation is $6,000, and is due to the upsizing of a water line on the south property line to accommodate future development. Alderman Corson suggested that staff provide once a month updates to the Board regarding the status of the project, including funding. The following individuals shared their concerns /suggestions /recommendations regarding the facilities at the Westlake Academy: Mr. George Ledak, 1220 Mt. Gilead Road, Keller Mrs. Debra Ledak, 1220 Mt. Gilead Road, Keller Mr. Mike Garabedian, 1717 Buckingham, Keller Mr. Rick Rennhack, 1762 Hidden Springs Court, Westlake Mrs. Leah Rennhack, 1762 Hidden Springs Court, Westlake Mrs. Julie Timmerman, 1522 Main Street, Southlake Town of Westlake Board of Aldermen Special Meeting Minutes September 15, 2008 Page 3 of 4 Discussion ensued with regard to current needs, future needs, and the pros and cons of moving forward with a slab foundation to accommodate future construction. Head of School Rosevear confirmed that all programs could still be offered absent a Black Box theater. Mayor Wheat stated that she feels the risk is not that the funding will not be raised, but that the building will not meet the future wants and needs of the Academy. At the request of Alderwoman Langdon, Town Manager Brymer stated that in addition to the $2.5 million bond issuance, the Town's outstanding debt obligation on the current facility is approximately $35 million, which includes P & I over the next twenty -four years. Additional discussion between the Board, staff and those in attendance continued. MOTION 1: Alderman Corson made a motion to approve Resolution loo. 8 -52. Alderwoman Langdon seconded the motion. AMENDED MOTION: Alderman Corson offered an amendment to the motion to 1) amend the scope of Phase I to exclude the slab foundation for the Black Box theater and art room; 2) transfer the funding associated with the slab foundation to the contingency line item ($127,000) to be used for `add alternatives' or realized as a project cost savings; 3) make clear that additional funding provided by the Town will be considered a loan to the Westlake Academy Foundation and is subject to repayment along with the $205,000 cost associated with the utility relocation. VOTE ON AMENDED MOTION: Alderwoman Rollins seconded the amendment as presented by Alderman Corson. The motion carried by a vote of 3 -0. VOTE ON MOTION 1: The motion carried by a vote of 3 -0. Facilities and Recreation Director Meyer advised the Board that contractors would be on- site by the end of October. •) There being no further business, Mayor Wheat asked for a motion to adjourn the meeting. Town of Westlake Board of Aldermen Page 4 of 4 Special Meeting Minutes September 15, 2008 MOTION: Alderman Corson made a motion to adjourn the meeting. Alderwoman Rollins seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 6:59 p.m. Laura Wheat, Mayor FWARK11016 Kim Sutter, TRMC, Town Secretary MINUTES OF TOWN OF WESTLAKE, TEXAS OARD OF ALDERMEN September 22, 2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. ABSENT: None. OTHERS HERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, DPS Director Don Wilson, Finance Director Debbie Piper, Assistant to the Town Manager Ginger Awtry, Director of Planning and Development Eddie Edwards, Court Administrator Amanda DeGan, Director of Administrative Services Todd Wood, and Public Works Superintendent Jarrod Greenwood. Mayor Wheat introduced the consent agenda and asked for a motion. a. Review and approve minutes of the Board of Aldermen regular meeting and workshop and held on September 8, 2008. Town of Westlake Board of Aldermen Regular Meeting Minutes September 22, 2008 Page 2 of 4 b. Resolution No. 08 -53 - Consider a Resolution approving an Interlocal agreement for police services with the City of Keller, Texas. MOTION: Alderwoman Rollins made a motion to approve the consent agenda as presented. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5 -0. 5. CONSIDER A RESOLUTION ADOPTING THE FY 08/09 BUDGET INCLUDING FINAL AMENDMENTS TO THE FY 07/08 BUDGET i' THE TOWN OF Town Manager Brymer addressed the Board regarding the item. Mr. Brymer stated that the proposed budget includes allocations from the Visitors Association fund for the following - Historical Preservation Society o $30,000 loan for publication and purchase of history books. ® To be repaid with proceeds of book sales o $5,000 - Public Art Society of Westlake o $10,000 - Marriott Marketing o $150,000 - Proposed Contract for Marketing /Communication Services o $50,000 Mr. Brymer reviewed the Cemetery Fund, and advised that the Board will need to determine the objectives of the Town as they relate to the cemetery. Discussion ensued with regard to the one -time revenue in the upcoming FY, the need to identify new revenue sources, and engaging citizens on the property tax issue, Following discussion by the Board, Town Manager Brymer outlined the following amendments to the proposed budget: - Allocate a portion of the funds for the Master Plan for a citizen survey. - Reduce line item for Legislative Consulting line item to $5,000 - Allocate $30,000 loan to the Westlake Historical Preservation Society and request an update from the Board. - Review Westlake Academy projected fund balance in 3rd Quarter to evaluate available funds (above the 45 day fund balance) to cover Westlake Academy facility improvements ($57,000). - Reduce line item for Stagecoach Hills Paving /Drainage Project to $75,000 • Focus on drainage improvements this fiscal year • Address repaving of streets in future budget Town of Westlake Board of Aldermen Regular Meeting Minutes September 22, 2008 Page 3 of 4 MOTION: Alderman Corson made a motion to approve Resolution No. 08 -51, adopting the FY 08/09 Budget as amended and described by the Town Manager, including final amendments to the FY 07/08 budget for the Town. Mayor Pro Tern Redding seconded the motion. The motion carried by a vote of 5 -0. MEMBERS 6. CONSIDER A RESOLUTION APPOINTING INDIVIDUALS TO SERVE AS OF THE PUBLIC ART SOCIETY OF WESTLAKE. Mayor Wheat introduced the item and asked for a motion. MOTION: Alderwoman Rollins made a motion to approve Resolution No. 08 -54, appointing Kelly Cox, Debra Hale, and Mike Silliman to serve as members of the Public Art Committee of Westlake. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5 -0. CONSIDER 7. !. APPROVING THE SUB CONTRACTORS IDENTIFIED BY CONSTRUCTION MANAGER O. THE CONSTRUCTION PROJECT. AND SCIENCE CENTER Facilities and Recreation Director Meyer addressed the Board regarding the item. MOTION: Mayor Pro Tem Redding made a motion to approve Resolution No. 08- 55, approving the sub contractors identified by the Contractor At Risk for construction of Phase I of the Arts and Sciences Center. Alderwoman Rollins seconded the motion. The motion carried by a vote of 5 -0. Each member presented their respective item. - Consider changing name of Board of Aldermen to City Council. Requested by Alderman Rrittan. Alderman Corson seconded the motion to bring the item forward for discussion. - Consider discussion of storm water drainage. Requested by Alderman Corson. • Stagecoach Hills • Phase III in Vaquero • Exploration of the appropriate relationship the Town should have with its neighboring communities relative to shared storm water drainage challenges. Town of Westlake Board of Aldermen Regular Meeting Minutes September 22, 2008 Page 4 of 4 Alderwoman Langdon seconded the motion to bring the items forward for discussion within the next month. - Consider coordinating a tour of the Keller Police Services Facility. Requested) by Alderman Corson. Alderwoman Langdon seconded the motion to coordinate a tour of the Keller Police Services facility within the next two months. Mayor Wheat reviewed the Board calendar. - Joint Board of Aldermen/Planning & Zoning Commission land use /zoning training o Monday, 9/29/08, 6 -8 p.m., Town Hall offices, Court Room - Metroport Chamber of Commerce State of Cities o Tuesday, 10/7, 11 a.m. — 1 p.m., Trophy Club County Club - Arbor Day Celebration o Saturday, 10/11, 8 a.m.- 3 p.m., Glenwyck Farms park area - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas - Christmas Tree Lighting o Tuesday, 12/2/08, 6:30 p.m. There being no further business, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Mayor Pro Tem Redding made a motion to adjourn the meeting. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5 -0. Mayor Wheat adjourned the meeting at 9:22 p.m. APPROVED BY THE BOARD OF ALDERMEN ON OCTOBER 6, 2008. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary TOWN OF MINUTES OF TOWN OF BOARD OF ALDERMEN WORKSHOA r r 1t' PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan (arrived at 4:24 p.m.), Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. STAFF PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Finance Director Debbie Piper, Facilities and Recreation Director Troy Meyer, Court Administrator Amanda DeGan, DPS Director Don Wilson, Planning and Development Director Eddie Edwards, Assistant to the Town Manager Ginger Awtry, and Administrative Services Director Todd Wood. •' / ' Mayor Wheat called the workshop to order at 4:21 p.m. 2. PRESENTATION i:, DISCUSSION OF i •' TO DATE REGARDING POSSIBLE N1 TO THE OIL AND GAS WELLS SECTION OF i OF CODE ./ OF RD Town Manager Brymer introduced the item and advised the Board that staff has reviewed ordinances adopted by the Cities of Keller and Southlake and have met with industry representatives to receive technical feedback. Planning and Development Director Edwards reviewed the gas drilling definitions and reviewed the setback impacts at distances of 300, 600, and 1,000 feet, and advised the Board that staff is proposing a 600 foot setback as a base line minimum standard, and a 1,000 foot voluntary setback, which would allow for relaxation of certain Town regulations. Additionally, if a drill site falls within the 300 to 600 foot zone, permission from the property owners within the zone and Board approval would be required. Town of Westlake Board of Aldermen Workshop Minutes September 22, 2008 Page 2 of 3 Mr. Edwards explained that a 200 -foot setback is proposed from a drill zone to street right -of -way. Additionally, Mr. Edwards advised the Board that staff is proposing a roadway improvement / repair agreement to account for repair and replacement cost for damage to the roadways due to heavy truck traffic associated with drilling. Mr. Edwards stated that in order to avoid peak water charges, staff is not recommending the use of Town water, and two options have been identified for disposing of waste water. Mr. Edwards explained that staff is proposing a two- pronged approach to regulating gas well drilling and production, and the process will entail regulatory and zoning regulations. Discussion ensued with regard to requiring specific equipment, the necessity to discuss reciprocity with neighboring cities as it relates to location of drilling activity, setback requirements, defining parameters of special use permit applications, safety issues /concerns, and aesthetic requirements when drilling is complete. Town Attorney Lowry identified three elements for consideration by the Board with regard to drilling: 1) zoning, 2) drilling/bui]ding codes, and 3) code enforcement. Alderman Brittan suggested the Board arrange to visit a drill site and observe the fracturing of a well. Mayor Wheat stated that she would like to have further discussion regarding the safety issues related to gas well drilling and production. Town Manager Brymer asked that the Board forward any questions to staff and staff will continue to work on the proposed ordinance and present to the Board at an upcoming workshop. Following discussion by the Board, staff will seek citizen input regarding gas well drilling and production. 3. DISCUSSION OF THE PROPOSED BUDGET FOR FISCAL YEAR OCTOBER 2008 THROUGH „ SEPTEMBER 0 09 Town Manager Brymer presented the proposed revised budget to the Board based on direction from the Board at the September 8, 2008, Aldermen workshop. Discussion ensued regarding the proposed revised budget and the possibility of utilizing Black Smith funds for capital needs when a positive cash flow is achieved. Town Manager Brymer reviewed the capital projects and identified the priority for funding in the 2008 -09 proposed budget: Town of Westlake Board of Aldermen Page 3 of 3 Workshop Minutes September 22, 2008 General Project 2008-2009 FY Funding 1. Arts and Sciences Building $5,189,388 2. Stagecoach Hills Paving and Drainage $250,000 3. Glenwyck Trail Extension $15,000 4. Deloitte Trail $25,000 5. FM 1938 Streetscape — Construction 2009 -2010 FY 0 6. Dove Road Bridge Expansion — not funded 0 7. Water well for Civic Campus — not funded. 0 Total $5,479,388 Utility Fund Projects 2008-2009 FY Funding 1. TRA Assumption of N I Sewer Line $146,501 2. Water Meter Automation $27,000 Total $173,501 The Board agreed to continue the proposed budget discussion at the regular meeting. nr � , � M No items for discussion. There being no further business to come before the Board, Mayor Wheat adjourned the workshop at 6:03 p.m. -11919 11T U E WHINT111111,111 Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary MINUTES OF THE Or OF WESTLAKE, TEXAS BOARD OF ALDERMEN O COMMISSION 1 O PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins. Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath (excused at 8:32 p.m.), Rick Rennhack (arrived at 6:22 p.m.), and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, and Assistant to the Town Manager Ginger Awtry. Mayor Wheat called the workshop to order at 6:08 p.m. Chairman Greenwood called the workshop to order at 6:08 p.m. 2. PRESENTATION AND DISCUSSION REGARDING LAND USE AND ZONING IN Town Attorney Lowry presented a PowerPoint presentation relative to Planning and Zoning in Texas. Discussion ensued regarding the need to update the Town's Comprehensive Plan and zoning regulations related to gas well drilling. Town of Westlake Board of Aldermen Page 2 of 2 Planning and Zoning Commission Joint Workshop Minutes September 29, 2008 The Board agreed to hold additional sessions to complete the presentation / training session. 3. ADJOURNMENT. A. BOARD OF ALDERMEN. MOTION: Mayor Pro Tem Redding made a motion to adjourn the workshop. Alderwoman Langdon seconded the motion. The motion carried by a vote of 5 -0. Mayor Wheat adjourned the workshop at 8:47 p.m. B. PLANNING AND ZONING COMMISSION. MOTION: Commissioner Rennhack made a motion to adjourn the workshop. Commissioner Sanden seconded the motion. The motion carried by a vote of 5 -0. Chairman Greenwood adjourned the workshop at 8:47 p.m. Approved by the Board of Aldermen on the 6th day of October 2008. Laura Wheat, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary William E. Greenwood, Chairman ATTEST: Kim Sutter, TRMC, Town Secretary Town of Westlake L�!_ To: Honorable Mayor and Members of the Board of Aldermen From: Jarrod Greenwood, Public Works Superintendent Subject: Regular meeting of October 6, 2008 Date: September 24, 2008 ITEM Consider a Resolution authorizing the Town Manager to execute an Inter -Local Agreement with the City of Fort Worth for the Environmental Collection Center and Household Hazardous Waste Program on an annual basis. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: P We are Leaders o Environmental stewardship initiatives BACKGROUND The Board of Aldermen authorized the Town Manager to enter into an Inter -Local Agreement with the City of Fort Worth for Household Hazardous Waste services at its regular meeting on May 5, 2008. This agreement has a termination of September 30 of each fiscal year. The Town Manager would execute the agreement administratively based on each fiscal year's adopted budget. The purpose of the Inter -Local Agreement is to provide Westlake residents with a method to dispose of hazardous household chemicals. The residential population of Westlake has grown by approximately 500 people within the last eight years. This growth has increased demand of existing services and created the need to implement new ones. One such area is the need for a way Westlake residents can dispose of hazardous household materials. Medications are frequently flushed down the drain in order to dispose of them and unfortunately have accumulated in our drinking water reservoirs. There have been recent news reports regarding the presence of pharmaceuticals in drinking water. It is imperative to protect these finite resources today with community programs that target the causes of contamination. The Household Hazardous Waste program provides Westlake residents the ability to properly dispose of items that may be out of date or inoperable. Potential items include, but are not limited to paint, pesticides, antifreeze, batteries (all kinds, including car batteries), brake fluid, fluorescent light bulbs, compact fluorescent light bulbs (CFLs), herbicides, and pharmaceuticals. As people begin switching their incandescent light bulbs to compact fluorescents (CFLs) this type of program becomes additionally important as the energy efficient CFls contain mercury. The program will include access to the Fort Worth Mobile Collection Unit (Crud Cruiser). Staff has scheduled a hazardous materials collection day on November 8 in addition to the Allied Waste dumpsters the same weekend. This will provide residents with the ability to dispose of bulky items as well as hazardous materials and insure the success of the program. Additionally, Westlake residents will have the ability to take hazardous materials at any time to the Fort Worth facility. FUNDING Fort Worth charges participating cities $47.00 per household per visit to the Fort Worth facility or per household for participation in a Mobile Collection Event. The cost for this service is included in the adopted FY 08/09 budget. RECOMMENDATION Staff recommends approval. ATTACHMENTS: Household Hazardous Waste Inter -Local Agreement Resolution 08 -56 WHEREAS, the City of Fort Worth provides the collection and disposal of household hazardous waste for surrounding communities; and, WHEREAS, Westlake desires to utilize the collection and disposal resources of Fort Worth in order to provide residents a safe and environmentally sound means to dispose of household hazardous materials; and, WHEREAS, Such efforts help protect our landfills and drinking water resources; and, WHEREAS, the Board of Alderman finds that the City of Fort Worth Inter -Local Agreement benefits the citizens of Westlake, the environment, and general public; and WHEREAS, the Board of Alderman finds that the passage of this Resolution is in the best interest of the citizens of Westlake, the environment, and general public; and, WHEREAS, the Board of Aldermen finds that the Town Manager's execution of the Household Hazardous Waste Inter -Local Agreement can be managed as an administrative function and shall be dependent on each fiscal year's adopted budget allocation for the program. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN TO THE TOWN OF WESTLAKE, TEXAS: SECTION 1. THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 1. THAT, the Board of Aldermen of the Town of Westlake, Texas, hereby approves the Inter -Local Agreement with the City of Fort Worth relating to the provision of Environmental Collection Center Household Hazardous Waste Program, attached hereto as Exhibit "A "; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake, Texas. Kim Sutter TRMC, Town Secretary L. Stanton Lowry, Town Attorney FIEW-liff, M11. Laura Wheat, Mayor Thomas E. Brymer, Town Manager -',Dsrlaj �0�,,Pue -jescd-,!p 4u-,�. nbascjns jo; saqo Cuqa,-�!:ped Aq 9L, cn, ,,6nc)jq uaaq &AeLl j-,Lfl g ;L, SaMM StIoPieze-Lf pjcq-asnoqt jO uc!tre6ej6fFe aq; "o; 4�jopj,, Aq pasn c,, i" q! 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G l C' W! o 110A 140 BOOM% 10T S0U!ulHvlUp Ski UO QfJOPA, ;J ",a aq� ,e G( 1 G-110,8 P movi qfiopv,� iq-, LucJJ AAHH zWli peq,,un, ',,�Luq .4c) iumDLue &i peumenj 6 Ul,�VAA lleQs LiC A :D�)-q ;E a-aUbS9P SMJ JO :J ond ,00,�4: @Lg ol pgja,�!p�p ,,�oaq SAQ swaummop p;3j!nb@,i lle pue suppmAsu! s_q;jop,,A 0;:� ClOUePJQ0'3e, Lh BUpeolin jai p;�ped Ap,,@,do,�d U;» eq s:- e 14 ncwi ise oul',ed,!O!; ed wo,�, non aqi p uo!ssassod lle-,s bupecqur jo.i. nzm aqj lo lumnsoeld mg, buqpuc-Ba� ljo,,,; .4c suc-,q'-�,nj,,su! i3q; -m�oqo,f He 0 Alv,-, 5u!.lc-dpPEd -:),,D3 aL4; oi n-,,v,4 al-i. uodf-1 _qs sjaleuadc nov% s, -_ G c, A,Ap�� aler�s pue le,"Bpol qQN aOUIRPM00e Q alSOM SnOpieZeq 10 U01,etcosuej-, Lc 1 9- 'IC-Q's SiOle JGCO FlOVI S,., -!,,o 5, qliEdpj:pe C- WO 9 pON P � - ice;..,. -?p ld�-1 as )iooqepin�) asziodsa�t4; AQLR-6JGWE UeC,-,!JeWV Lil isejej aq lo ldo,-:% auc }a3 -,,unLU!U!LU It !E,U,' qrlib;�u lleq!s A;!-,� 5uqteclfpqjed Gu Gq'4 04' AiV4H QUI ;0 6upollp �aqll, EUilneq , onij at -d} 10 Gq-, U! Sapp jo uja- da��;N, 1leqrs; ✓ue Bqpel ;a 1pL, novi s,A.-jo sJS -,,,N A-AO UO!J0;3gf9P0 0-N-1 ,.Li C'£: A,/lHH 3z4 Butijodsue'zi oil -�vjy C THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION .L NOT RELIEVE . PARTICIPATING CITY OF LIABILITY OR THE WASTE UNDER FEDERAL LAW AND STATE LAW, artn«- s i' .xLLa;ng vend, £- for used o'F;' bafi'rtes REUSE-1 OF ("OLLEC-1-ED MATERIALS A From timeT _,r,ix Fit kV %`a €rth will make av x. ble, to resdients all-1121 'la iness s of Fort �North. as well for t `ei- use :lied coliected household hazardous waste � are s � -art s .. "� rat I a a r motor antifreeze. 's w F nor any a paint, r ik . r , ? 1i . t t F° i o-th,, s!, not e rnateriais that are picked up, for reuSa- B Some €z t « iai ace aV ai.a ! f0,- _.. Ge a Ww have 'sp e. , co , ao i ed an f to , -d by Fort Worvh prior to <,ng, R.a' " vai'aa,`ale. Used mi3re .z,e v,?0 h 4-i< been codaax..?,k..Idat e;�� a bares . ,? ¢°. " and pH balwnoied, and new ,rr may nave b er,s added fc; Vi-µ ba , �... in regards to materials accepted f -a asia t � i FORT WORTH MAKES NO E ET� O S, WARRANTIES OR GUARXNTIES s ?'SA T- . ., �. .contents .. ...�., it ��l.eaw 'F s kis 2, 'i = container re those Frgin il paf- �,. �4 rd- the container the '. 4. fhe" contents of "he container [ --lave been h.I€<''red a..1t .'✓perh ._. ....�` ns uct l ' S ?ws', f u e < .)ri,r,,i e 3,`".. ,<S.. -ai i .� � 3, 'y'., z+.f!` a € j 'tea or i„<rr e`. c' the "_, vT..t .F ti;, approved for use 4,... has not been n t .' n d . _.call:€ d'i, I�'d Z?.. the ,.:'rio:a.-,c,. Clan tie tu,,-ted without risk. to persons, property or the �.rrte„vironrnew, FURTHERMORE, ALL WARRANTIES, XPR S AND IMPLIED, ARE SPECIFICALLY DENIED. [.... Pa' }drYt {?cI�3materials. sti City s contact the EGC, ��ro „., `�” "z rnairl er TO a a i a o1 .� i? °> £ &. i � i a 3- jpati"g C # 4 .i'� Si s- L,. ,5�.. i.iY b... ; € i .a ,t a „ _asz, �.< , #i ,. � e- fir" r z €.ter, €9v .a €,1,.;.t.rd..3r'�xs'�€. „PW }' u r`�.,"i t' " F, in re-nards to mMar' epied by reside,,ntks or businesses olf Partioilpating Cities, FORE WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1, the c0n�a�ner pant ..ms are, what the label lm'Ji cat es, the clontaine'r contents are 'hose oFig ally pla, ed 3. ha, the cOntalner by the manufact,u7er, 3 'he product is- of the qua Rty intended for 'ts use-1 4 -he con-.&nts, 01-l' fh�e Container have b rn stored prooe-r' Y, 'nt or 5, th-- if-,struc1ions on the container lab:' 4or �Jse. storage, anG `qrst, aid are ctlu-e correciL 'he conta-ner s m u irnpair,,:-�d condition� El n 1U n 7 the producn fs still appr vf----4 for,,use (i,e- it as lot bee,11 banned or re-alle-,d and perlyorteenvir m,,,ent, 131, the nneduc-1 FURTHERMORE. ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED, Participatir City shall attennpA to infiorm its residents, and bus.,-,,,esses t at if they go 'he E-nvircinmental Coliection Center to pick up, household hazardous waste for re-use, a ,elease of !"labHity rrwst be signed to acv pr 4 ve ousehold hazardl-1,um waste, f4-,,,r reuse. T RIGH1' 1"0" RE-�:USE W)AS-T-E Participlating City agrees thW Fort Worti sl all have the right to MfUste-" tc cc waste a, th,, e F +1 e E C G fro! �?,J y s s d e r�, t an d to e i e c s uah n dii v i -1 1 a o, the prem ses of 111 PartiCipati EC,C. 'n the reaS01-12bie judgment i--f 'Pol 'vrVorth" 6 U Wwaa,BV sug al menand Lwah, poy Aq mss, e5 <; -'a, -. xi 'uagesuadt-uao. sy N 01 M N Ad V40 110"ll 'o is mg-ow kd7 ..�,z4qumu �C:uj. -smcq a4l SPOPOal Sj! aA!B 01 XQUnol suaQ, jagia: U OJ! 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JIG, UPOAA lJO:1 -4 aAeq AeUj I ISQ JqOOeq:) ,p ssj!ns in, suo, joe Uoqovj ;o S;-�aS'r-eo 3Aqji �spueu -mp ;,e pue Aue jo� sac-Aoldwa i-o,,,pt-4,e 's,.,u;�-6e s-,-3o!go pue qe 30 WOM PA 1) 40 aul MINK3041 'SS9-',WHVH (3-110H ;3-0�IVHOSla 'z3SV-3-',3,N Aqaiaq I laio4aaaq WaAS INI 0. ;,�� mopj"ezevq PioqasrQ',j �41U+ -,aG-!,.C-0 01 j'l apflow 'sqi pu;7,�-, ol, q, q-topo, ;JQ-A 10 A;13 at, X11 1.4t4l q A:pzad 1-4- ',UGAG uctpEil -o moNs stir. puozFq Pjf)QaSr)Oq 6 plM , pum at4 uo Gse -ioq, ol A�jadoA Awl uo it,'aAa mcl-,,e ol 0 Alv-:� Gtil Aq P;,Z�)jSe tJGQq ;�ME--Lj �e paleool A+lodc,id jo,.iaumo aq; 0 110 H 3s, nOH m4c INO 0 1311 �110-d Ad 11,11, VIP- VI'l dO 3,S3 1313�! ONV �AAIVJV� Y liTi To: Honorable Mayor and Members of the Board of Aldermen From: Tom Brymer, Town Manager Subject: Regular Meeting of October 6, 2008 Date: September 25, 2008 ITEM Hear report from the President of the Westlake Historical Preservation Society. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: El Hospitality Finds its Home in Westlake • Citizen engagement and communication • Historic Preservation BACKGROUND At the September 22, 2008, Aldermen workshop and during the presentation of the revised proposed budget, the Board requested an update from the Westlake Historical Preservation Society relative to the status of the history book. President Sharon Sanden will be present to update the Board on the status of the history book, including the financials and the marketing plan. RECOMMENDATION No recommendation. ATTACHMENTS: None. � 11, (i 7 C�� ko t D UX' t Historical Westlake • Board Presentation ?! Town of Westlake October 6, 2008 Sharon Sanden, WHPS President Joyce Gibson Roach, Editor of the Pathfinder, the series of seven Historical Journals for Westlake and Author of The Little Town that Could, Westlake's "First Fifty Years" History Book 1. Town of Westlake Resolution 00 -02 Town Official Document, Year 2000 2. WHPS Board Completed Goals and Objectives, 2000 -2008 Prepared by Kelly Bradley, WHPS Board President 2000 -2008 And Joyce Gibson Roach, WHPS Editor /Author, 2000 -2008 3. History Book Financial Status Prepared by Kristi Layton, WHPS Treasurer 4. History Book Order Information Prepared by Judy Thomason, WHPS Volunteer Office Assistant S. History Book Marketing Plan Prepared by Lisa Councilman, WHPS History Book Marketing Chair ! !.. � ► !R :► ► * �: ' -. .. :.. . is ,... ! F '► � �, ,�' z ..'. ° ► � ?!,. :' . WHEREAS, the history of the Town of Westlake is rich with pride and tradition; and WHEREAS, the Town of Westlake was founded in 1956 by a handful of oilmen and ranchers in order to protect themselves from encroachment; and WHEREAS, among the historic residents of the Town of Westlake are some of the nation's most powerful and influential families; and WHEREAS, the Town of Westlake was one of the earliest and most important Stage Coach stops in North Texas; and WHEREAS, the residents of the past and present day Westlake represent people of courage and honor who have taken much pride in their community and demonstrated their commitment to preserve the Town; and WHEREAS, the Town of Westlake Board of Aldermen recognize the importance of the preservation of the history of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the "To Am of Westlake Historical Preservation Board" (the "Rnnrd ") is rv- mnnPntly PctahlichPd ac a real lar ztandino Roard of the Town of Westlake r - - -- „ for the purpose of recording and preserving the rich history of the Town of Westlake. SECTION 2: That the Board of Aldermen are now calling for applications from residents and/or property owners in Westlake to volunteer to serve on the Board. SECTION 3: That the Board of Aldermen will review applications and appoint members to the Board during the regularly scheduled Board of Aldermen meeting scheduled for March 27, 2000. SECTION 4: That once appointed, the Board will immediately set about the task of researching and compiling information necessary to write and publish a book on the history of Westlake. SECTION 5: That the Board of Aldermen will consider necessary funds and/or other support for the Board if necessary at such time the Board has formulated appropriate requests. SECTION 6: That there will be ten members who will serve staggered terms as follow: 4 terms of 3 years, 3 terms of 2 years and 3 terms of 1 year. Terms will be selected based on drawing straws. Members are eligible for reappointment for an indefinite number of terms and all members will serve three year terms following completion of each of the staggered terms. Unexpired terms and all vacancies will be filled by the Board of Aldermen. Scott Brad ey, Mayor inge rosswy, Town S etary Trent O. Petty, To anager K Westlake Historical Preservation Board Completed Goals and Objectives fit tt Published six historical journals of The PathFinder beginning in 2002, and one student publication, The Trailblazer, in 2004 for Westlake Academy. Established a historical society under the umbrella of Westlake Historical Preservation Board, 2003. Established an annual Decoration Day each memorial Day in 2004 — planting oak trees given by Jack Wiesman, participating in maintenance and preserving the grounds of the cemetery under the direction of Troy Meyer, honoring citizens and veterans in meaningful ceremonies, making the I.O.O.F. Cemetery the historical focal point of Westlake, including Boy Scouts and Westlake Academy students in the program that now serves as the center of Patriotism, Love of Country and Community in Westlake. Established WHPS Annual Meeting and Awards in 2004. (Cross Timbers Legacy Award, Volunteer of the Year Award, Citizen of the heart Award to a non - resident of Westlake making significant contributions to the Town and Society. Established Westlake History Museum in Solana Complex, 2007, through the generosity of Tom Allen and MaguirePartners. Co- chaired 50`" Year Celebration with the Town of Westlake that included Time Capsule. Published The Little Town That Could, Westlake, Texas: Origins and Legacies, 2008. Encouraged and supported the establishment of Texas Junior Historians through Westlake Academy that highlights WHPS's recognition of the Academy as the heart of the Town. Participated in activities with Gallery Night, Bandana Bonanza, Town of Westlake activities such as receptions, meetings of other groups, securing music and speakers for various occasions, making in -kind donations too numerous to list and value, amount unknown. Organized database and membership renewals, sent reports, requests, and information to members, answered inquiries, supported other historical societies, held monthly business meetings, and ran the Society in a professional and orderly way in accordance with the Town's high standards. Without the dedication, service, gifts of time, energy, facilities, and benefits received from citizens, businesses, leaders, and the Westlake Board of Aldermen, the Westlake Historical Preservation Society would not exist. Because of the generosity, heart, and spirit of each, the humanities in all its forms will continue to be a force in Westlake —the little town that Did. Padded Bonded Leather Top-Grain Leather Sub-Total Estimated Shipping Total Initial Down Payment Made (12/O7) 2nd Installment Made (U0/U8) Balance Due atDelivery Quantity Unit Cost Total Cost 1.150 $ 42.20 $ 48.630.00 100 $ 61.73 6173.00 1.250 54.703.00 1,000.00 $ 55.703.80 Total Cost $ 4,000.00 2,200.00 $ 8,000.00 a =s'z IT r, r, g_ 5 r �y Payment Cover Material Cost per Book Status Quantity unit Cost Top -Grain Leather @ $100 each (Fully Paid) 40 $ 100 Padded Bonded Leather @ $50 each (Fully Paid) 44 $ 50 Padded Bonded Leather @ $50 each (Ordered) 36 $ 50 120 Total Cost $ 4,000.00 2,200.00 $ 8,000.00 a =s'z IT r, r, g_ 5 r �y Mission E9 of The Little Town That Could: Embrace the origins and legacies of our unique past. Eternalize our precious heritage in tangible chronicle and rich substance. Educate, Engage and Entertain our illustrious present. Emanate pride of community and Embody dreams that live. Empower our youth with courage and inspiration to Evolve this indelible legend of place ... Westlake. if A Primary Objective: Achieve our "Mission" by placing The Little Town That Could in all minds, hands, homes, and businesses that touch the Westlake community. Chief Goal: Communicate past and present culture & story, encouraging appreciation of Westlake's unique geography and place in Texas and U.S. history. Second ary Goal: Achieve break-even stand-alone economic success by December 2009 for the Westlake History Book through multidimensional sales and marketing techniques. Manage toward minimal impact to 2008 & 2009 operating funds. Stretch Goal: Achieve pre-order sales in excess of one-quarter of original order Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Kim Sutter; TRMC, Town Secretary Subject: Regular Meeting of October 6, 2008 Date: September 25, 2008 ITEM Consider a Resolution appointing individuals to serve as members of the Westlake Historical Preservation Society. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 0 Hospitality Finds its Home in Westlake o Citizen engagement and communication BACKGROUND Currently, two (2) vacancies exist on the board of the Westlake Historical Preservation Society. Two (2) applications have been submitted for your consideration and appointment: - Kelly Bradley - Heidi Kloempken RECOMMENDATION No recommendation. ATTACHMENTS: Board Application — Kelly Bradley Board Application — Heidi Kloempken Resolution 08 -57 111A 01 3 l l i l l Y I [Y) ► i; [Y 1 �: �►I APPOLITIAG 111DIVIDUALS TO SERVE AS MEMBERS OF THE THE WESTLAKE HISTORICAL PRESERVATION SD RESOLVING RELATED MATTERS. WHEREAS, the Board of Aldermen created the Westlake Historical Preservation Society by Resolution on February 14, 2000, and WHEREAS, there currently exist two vacancies on the Westlake Historical Preservation Society; and WHEREAS, the meeting at which this Resolution has been considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; 111"IT, TAEAEFORE, BE IT t%�SOUT'El) WT TAE BOA-14F, 0F,411 -DERTT.EN OF THE TOWN OF SECTION 1. That the above findings are hereby found to be true and correct and are incorporated herein in its entirety. SECTION 2. That the Board of Aldermen of the Town of Westlake, Texas does hereby appoint the following individuals to the terms outlined below: Kelly Bradley Heidi Kloempken June 2011 June 2011 As a result of the appointments heretofore stated, the WESTLAKE HISTORICAL PRESERVATION SOCIETY is represented by the following: Michelle Corson Stephen Thornton Jack Wiesman Teresa Walton Kelly Bradley Heidi Kloempken Sharon Sanden Lisa Councilman Kristi Layton Ruby Held Term Expiration June 2010 June 2010 June 2010 June 2010 June 2011 June 2011 June 2011 June 2009 June 2009 June 2009 SECTION 3. That this resolution shall take effect from and after its final date of passage, and it is accordingly so ordered. ATTEST: Laura Wheat, Mayor Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager L. Stanton Lowry, Town Attorney Town of Westlake fur "R1 no To: Honorable Mayor and Members of the Board of Aldermen From: Eddie Edwards, Director of Planning and Development Subject: Regular Meeting of September 25, 2008 Date: September 26, 2008 W-901 Conduct a Public Hearing and consider an Ordinance approving an application for an amendment to the Comprehensive Zoning Ordinance to rezone and amend the metes and bounds of an approximately 276 -acre tract of land generally located in Tarrant County, Texas. (Zoning Case 08 -05). VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: P Inviting Residential & Corporate neighborhoods • On -going comprehensive planning • Outstanding community appearance • Highest quality development and aesthetic standards • Open space preservation BACKGROUND The proposed amendments are being requested by the applicant to fulfill certain requirements contained in the Developer's Agreement agreed to as part of the approval process for an earlier amendment to this planned development district. The Planning and Zoning Commission considered the application at their September 25, 2008, meeting and recommended approval of the application by unanimous vote. WM RECOMMENDATION Staff recommends approval of the amendments as proposed. ATTACHMENTS: Staff report Ordinance No. 600 with exhibits Case No. Z-08-05 Date: 9/10/20CE Request: Applicant is requesting approval of the following: Location: Two portions of the Circle T Ranch. Part 1 of the subject property is a tract of land that is approximately 128.8 acres located North of Dove Road with the Southeast corner of the tract located near the intersection of Pearson and Dove. Part 2 of the subject property is a tract of land that is approximately 138 acres located West of J.T. Ottinger Rd., South of Westlake Academy, and wrapping around the Mahotea Boone subdivision. (See attached exhibit. 1 for legal description and map) Owner: AIL Investments, L.P. Zoning: PD 3-3. (Planning area 3 of the Circle T Ranch Planned Developme PD-3) I Proposed Use(s): This amendment will eliminate all Single family residential uses and increase the allowable square footage of Office Use from 164,700 to 1,200,000 square feet. OF J1P1J;l1P1171 a 'To I a , 17111151"i A buffer zone running parallel to and North of Dove Road is being proposed. This buffer zone will limit the use of this land and restrict access to Dove Road. No habitable 1 structures may be built in the buffer zone and only emergency access will be permitted through the buffer zone. iEKq=A The proposed amendments are being requested by the applicant to fulfill some of the requirements contained in the Developer's Agreement agreed to as part of the approval process for an earlier amendment to this planned development district. The earlier amendment removed approximately 107 acres from the middle of this district and created a new planned development district, PD 3 -12, which contains regulations specific to the proposed Deloitte hotel and conference center complex. The remaining two parcels are still designated as PD 3 -3 and are considered a single zoning district even though they are no longer contiguous. (Legal description and map are shown on Exhibit 1) The residential uses being eliminated include 117.4 acres and a potential development of over 211 residential lots ranging in size from 6,000 to 30,000 square feet, assuming a 60% development ratio of land to lots. Multiplying an estimated average home size of 6,000 square feet under roof multiplied by 211 gives a very conservative estimate of 1,266,000 square feet. The applicant has estimated that they could develop over 270 lots and, using the same 6,000 square foot estimate, would allow for the construction of over 1,620,000 square feet of buildings. The net result of approval of this amendment will be less potential square feet of buildings and more contiguous open space and the deletion of the residential uses from this zoning district effectively removes a potentially significant future student load from the Westlake Academy. The 200 foot wide buffer strip will protect the rural feel and aesthetic qualities enjoyed currently along that portion of Dove Road between Fidelity's property and where Pearson Road intersects with Dove Road. (Legal description and map are shown on Exhibits 2 and 3) Items listed in 2 through 8 below will be addressed during the site plan an platting approval process. i Staff recommends approval of the amendments as proposed. 3 WHEREAS, on August 24, 1992, the Board of Aldermen (sometimes referred to as the "Board ") of the Town of Westlake, Texas (the "Town "), adopted a Comprehensive Plan (the "1992 Comprehensive Plan ") for the Town; and WHEREAS, on November 16, 1992, the Board adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance "); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission "); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC ") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on August 23, 2003 and WHEREAS, there is located within the corporate limits of the Town an approximately 276 acre tract of land (commonly known as Planning Area 3 - Resort and hereinafter sometimes referred to as the "Planning Area "); and WHEREAS, the Board of Aldermen agree that the boundaries for PD 3 -3, must be amended and certain uses clarified in order to accommodate the rezoning of adjacent properties; and WHEREAS, the Board believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Board has determined to be consistent with the 2004 September 19, 2008 PA 3 - Resort and Office Page 1 ORDINANCE Comprehensive Plan, the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer Plan all as amended: 11011T, A t - OF � 7 C '� i �O" ALDERMEN TOWN PART I That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 309, is hereby amended by this PD Ordinance, by amending the property described in the attached Exhibit I attached hereto by reference for all purposes. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3 -3 " and the date that this Ordinance was adopted by the Board. PART IV It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. This Ordinance shall become effective upon its passage. September 19, 2008 PA 3 - Resort and Office Page 2 ORDINANCE Kim Sutter, TRMC, Town Secretary Al9 9 1114 e, kyj a 9 . L. Stanton Lowry, Town Attorney Laura Wheat, Mayor Thomas E. Brymer, Town Manager September 19, 2008 PA 3 - Resort and Office Page 3 ORDINANCE [AWN) INIE-110 11912, FkRTICLE 1. GENERAL PROVISIONS .................................................................................... I SECTIONI SHORT TITLE ........................................................................................................ I SECTION2 PURPOSES .............................................................................................................. I SECTION 3 GENERAL DEFINITIONS ..................................................................................... I Section3.1 Usage ............................................................................................................ I Section 3.2 Words and Terms Defined ........................................................................... I SECTION 4 PD SUPPLEMENT .................................................................................................. 2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ............... ..............................2 Section 5.1 Applicable Town Ordinances ...................................................................... 2 Section 5.2 General Approval Criteria ........................................................................... 2 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS . .................... 3 Section6.1 PD Concept Plan .......................................................................................... 3 Section 6.2 PD Development Plans ................................................................................ 3 Section6.3 PD site plans ................................................................................................ 3 ARTICLE11. USES ...................................................................................................................... 4 SECTION I LAND USE SCHEDULE ........................................................................................ 4 SECTION 2 ACCESSORY USES AND STRUCTURES ............................. ..............................9 ARTICLE 111. DEVELOPMENT STANDARDS .................................................................... 10 SECTIONI DENSITY I ....................................................................................................... 10 Section1.1 Office ......................................................................................................... 10 Section1.2 Resort Hotel ............................................................................................... 10 SECTION 2 MINIMUM LOT SIZE .......................................................................................... 10 Section2.1 Office ......................................................................................................... 10 Section2.2 Resort Hotel ............................................................................................... 10 SECTION 3 MINIMUM LOT WIDTH ..................................................................................... 10 Section3.1 Office ......................................................................................................... 10 Section3.2 Resort Hotel ............................................................................................... 10 SECTION 4 MAXIMUM BUILDING HEIGHT ....................................................................... 10 Section4.1 Office ......................................................................................................... 10 September 19, 2008 Table of Contents PA 3 - Resort and Office Page i ORDINANCE Section 4.2 Resort Hotel .................................................................. .............................10 Office ... ............................... Section 4.4 Exceptions to Height Requirements ............................. .............................10 Section 8.4 SECTION 5 MINIMUM BUILDING SIZE .................................................. .............................11 Section 9.1 Section5.1 Office ............................................................................ .............................11 Roadway Slope ....................... Section 5.2 Resort Hotel ................................................................. ..............................1 l SECTION 6 FRONT YARD SETBACKS ................................................... ..............................I 1 Section6.1 Office ............................................................................ .............................11 Section 6.2 Resort Hotel ................................................................. ..............................1 l Section6.4 General ......................................................................... ..............................1 l SECTION 7 REAR YARD SETBACKS ........................... ............................... Section7.1 Office ................................................. ............................... Section 7.2 Resort Hotel ....................................... ............................... Section 7.4 General ............................................... ............................... SECTION 8 SIDE YARD SETBACKS .............. Section 8.1 Office ... ............................... Section 8.2 Resort Hotel ........................ Section 8.4 General . ............................... SECTION 9 SLOPE REQUIREMENTS ............ Section 9.1 Residential Slope .................... Section 9.2 Roadway Slope ....................... ,11115 V EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer .......................11 .......................11 .......................11 .......................12 .......................12 .......................12 .......................12 .......................12 ........................................ .............................13 ........................................ .............................13 ........................................ .............................13 ........................................ .............................14 September 19, 2008 'fable of Contents PA 3 - Resort and Office Page ii ORDINANCE This ordinance shall be known and may be cited as the "Circle T Planning Area No. 3 - Resort and Office Planned Development Zoning District Ordinance ", or simply as the "PD Ordinance ". This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for increased recreation and /or open space opportunities for public use; to provide rural amenities or features that would be of special benefit to the property users or community; to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; to protect or preserve existing historical buildings, structures, features or places; and to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 0 01"1 Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District.. Board means the Board of Aldermen of the Town of Westlake, Texas. Buffer Zone means an area of land to be used only for emergency access, accessory structures of two- hundred (200) square feet or less under roof, and landscaping. This area may be used for purposes of meeting open space area requirements within a zoning district. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor Area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below or above grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. September 19, 2008 Article 1. General Provisions PA 3 - Resort and Office Page 1 ORDINANCE based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, Section 6.1 PD Concept Plan, A PD concept plan for this PD District shall be approved prior to the approval of any development plans and site plans required by this PD Ordinance. The PD concept shall comply with the Thoroughfare Plan, the Master Water and Sewer Plan, the of t� Town and the Trail Plan, the Master Tho g Master Drainage Plan of the town and the UDC Section 6,2 PD Development Plans A PD Development Plans are required for development within the PD District. THE UDC governs the process by which PD development plans are submitted and approved. Section 6,3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 3.4, of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). September 19, 2008 article 1. General Provisions PA 3 - Resort and Office Page 3 ORDINANCE t Buildings, structures, and land within the sub -areas identified on the PD Concept Plan shall be used only in accordance with the uses permitted in the following 'Land Use Schedule ". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. LAND USE i^ ' PERMITTED USES Permitted `°X" Special Use "S" Accessory "A" AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) X Fauns General (Crops) X Fanns General (Livestock, X Ranch) Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Stables (Private Use) s Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quart ers September 19, 2008 Article 1I. Uses PA 3 - Resort and Office Page 4 ORDINANCE Accommodation for A Employees /Customers /Visitors Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) % Mailing Service (Private) X Heliport Helistop/Verti -stop S Telephone, Electric, Cable, and X Fiber Optic Switching Station Electrical Substation S Utility Distribution Lines2 X Utility Shop and Storage A Water and Sewage Pumping X Station (below grade) Water and Sewage Pumping S Station (above grade) Water Storage Tank and S Pumping System (Elevated or Above Grade) Water, Sewer, Electric, and Gas Y Meters Electric Transformers X Private Streets /Alleys/Drives X Retirement Home Nursing /Convalescent Home Hospice Hospital Psychiatric Hospital Clinic A Child Daycare (Public; 7 or more) ,Child Daycare (Private, 7 or A5 more) School, K -12 (Public or Private) School (Vocational) September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 5 ORDINANCE College or University X Community Center (Public) Civic Club X Church or Place of Worship X Use Associated to a Religious X Inst. Government Building X Police Station X Fire Station X Library X Data Center X COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing X Hotel /Motel X Hotel /Motel with Conferencing X Facility Laundry/Dry Cleaning A ( <3,000 S.F.) Laundry/Dry Cleaning A (Drop/Pick) Shoe Repair A Beauty Parlor /Barbershop A Clothing Store A Quick Copy /Duplicating A Services Personal Services A Liquor Store Micro - brewery and Wine S Production and Sales ( <30,000 S.F.) Grocery Convenience Store A Service Station Drug Store A September 19, 2008 Article 11. Uses PA 3 - Resort and Office Page 6 ORDINANCE Variety Store A Bakery Sales A Stationery and /or Book Store A Antique Shop Art Gallery/Museums A Hardware Store Sporting Goods A Paint and Wallpaper Cloth Store Retail Stores - General A (Excluding Second Hand Goods) Restaurant, Cafe or Dining X Facility Restaurant, Cafe or Dining S Facility with alcohol sales Auto /Truck Parts and Accessories Household Fumiture /Appliances (including Sales and Service) Farmer's Market Feed Store Parking Structure X Cafeteria (Private) A Job Printing, Lithography, A Printing, or Blueprinting Vehicle Display and Sales (inside) Medical Laboratory R &D Laboratory A6 Conference Center X Live Theater A Motion Picture Theater A Custom Business Services X Electronic Appliances Store and Computer Sales and Service Tavern, Bar or Lounge S Dance Halls/Nightclubs S AMUSEMENT/RECREATION Golf Course (Public or Private) X September 19, 2008 Article I1. Uses PA 3 - Resort and Office Page 7 ORDINANCE Park or Playground (Public or X Private) Satellite Dish x Non - Commercial Radio Tower Race Track Operation Recreation Facility, Health X Studio (Public) Country Club (Private X Membership) Golf Clubhouse (Public or X Private) Community Center (Private) x Recreation Center (Private) x Hike, Bike, and Equestrian Trails x (Public or Private) Golf Maintenance Facility A Golf Pro Shop A Health/Spa Facilities (Private) A Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center A Athletic Courts (Public) A Commercial Amusement (Inside) A Lake Cruise/Water Taxi AUTO SERVICES Truck /Trailer Rental Auto Body Repair Auto Mechanical Repair A Quick Lube /Oil Change Vehicle Maintenance (Private) A Vehicle Fueling (Private) A WHOLESALE TRADE Warehouse /Storage (Inside) Warehouse /Storage (Outside) Scrap/Waste Recycling Collection and /or Storage Gas /Chemical Bulk Storage September 19, 2008 Article 11. Uses PA 3 - Resort and Office Page 8 ORDINANCE I. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. 4. Limited to "build -out" period. 5. "Private" shall be deemed to include a daycare that is made available to any employee on the property. 6. Limited to white collar research and development (i.e., non - industrial, non - chemical, and non -water processing). � 10101 An accessory use or structure which is customarily incidental to the principal use or structure, and which is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 9 ORDINANCE a-MV070FIFITROM Section 1.1 Office The maximum building square footage for the office use shall be 1,200,000 square feet. Section 1.2 Resort Hotel The maximum building square footage for the resort hotel use shall be 500,000 square feet. V1,11MM01 110 10 UJUTIMI-I'd Section 2.1 Office The minimum lot size for the office use area shall be 100,000 square feet. Section 2.2 Resort Motel The minimum lot size for the resort hotel use area shall be 200,000 square feet. Section 3.1 Office The minimum lot width for the office use area shall be 200 feet. Section 3.2 Resort Motel The minimum lot width for the resort hotel use area shall be 200 feet. Section 4.1 Office Except as provided below, the maximum height for all structures within the office use area shall be the lesser of five stories or 75 feet. Section 4.2 Resort motel Except as provided below, the maximum height for all structures within the resort hotel use area shall be the lesser of five stories or 75 feet. Section 4.3 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. September 19, 2008 Article III. Development Standards PA 3 — Resort and Office Page 10 ORDINANCE Section 5.1 Office The minimum building size for an office use shall be 3,000 square feet. Section 5.2 resort Motel The minimum building size for the resort hotel shall be 3,000 square feet. Section 6.1 Office The minimum front yard for the office use area shall be 50 feet. Section 6.2 Resort Hotel The minimum front yard for the resort hotel use area shall be 100 feet. Section 6.3 General A. Required front yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard. B. The front yard setback is measured from the front lot line or from the required right -of -way, whichever creates the greater setback. C. If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat, the following structures or portions of structures in the yard along such frontage are governed by the rear yard regulations: swimming pools; game courts; fences; garages; and other accessory buildings. D. If a corner lot has two street frontages of equal distance, one frontage is governed by the front yard regulations and the other frontage by the side yard regulations. If the corner lot has two street frontages of unequal distance, the shorter frontage is governed by the front yard regulations and the longer by the side yard regulations. Section 7.1 Office The minimum rear yard for the office use area shall be 25 feet. Section 7.2 Resort Hotel The minimum rear yard for the resort hotel use area shall be 100 feet. September 19, 2008 Article III. (Development Standards PA 3 — Resort and Office Page 11 ORDINANCE A. Required rear yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard. B. The rear yard setback is measured from the rear lot line. C. A person need not provide a full rear yard setback for an accessory structure if the structure does not exceed 15 feet in height. Accessory structures include, but are not limited to, swimming pools, game courts, fences, and garages. Where the rear yard is adjacent to an alley, a three -foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required. Section 8.1 Office The minimum side yard for the office use area shall be 25 feet. Section 8.2 Resort Motel The minimum side yard for the resort hotel use area shall be 75 feet. Section 8.4 General A. Required side yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. B. The side yard setback is measured from the side lot line, except when a front yard is treated as a side yard, in which case, the setback is measured from the lot line or the required right -of -way, whichever creates the greater setback. C. Air conditioning units may be located in the required side yard, but not nearer than one foot to the property line. D. A person need not provide a side yard setback for an accessory structure if the structure does not exceed 15 feet in height and is located in the rear 30 percent of the lot. September 19, 2008 Article III. Development Standards PA 3 — Resort and Office Page 12 ORDINANCE Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 5:1 (including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line drawn at a slope of 2:1 (including streets and other rights of way) from the right -of -way line of any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 10.1 access. Direct access to Dove Road from that portion of the AIL Property located as shown on the attached Exhibit "2" shall be limited to emergency use only. Section 10.2 Dove Road Buffer. AIL hereby agrees to a buffer two hundred feet (200') in depth as measured from the northern boundary of the current Dove Road right -of -way covering that portion of the AIL Property located as shown on the attached Exhibit 113 ". September 19, 2008 article 111. Development Standards PA 3 — Resort and Office Page 13 ORDINANCE EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer September 19, 2008 article Iv. Exhibits PA 3 - Resort Page 14 ORDINANCE 007510.00019:0360290.06 007510.00019:0360290.06 Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of October 6, 2008 Date: September 26, 2008 ITEM Conduct a Public Hearing and consider an Ordinance approving an application for a specific use permit (SUP- 08 -01) for a private water well to be located at 1502 Wills Court in the Vaquero Residential Addition -Phase I; Lot 5R, Block H. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: 121 Inviting Residential & Corporate neighborhoods • On -going comprehensive planning • Outstanding community appearance • Highest quality development and aesthetic standards • Open space preservation The operation of private water wells supports the policy of the Town to provide for an aesthetic living environment that promotes the development of green spaces, the preservation of trees, and the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation policies of the Town are in fact dependent on the ability of the development community to maintain the living material in a healthy state. This requires that an alternative source of water, other than potable water, be utilized. From a planning perspective the siting of a water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. The location of the proposed water well is well inside the limits of the property. There is ample opportunity to screen the site from adjacent property. In fact, water wells of this type are normally very low in profile and are usually screened by natural trees and vegetation. We do not see the need for dedicated rights -of -way or easements for the access roads; however the applicant should illustrate how the well will be serviced so as not to interrupt neighboring property owners. As the Town considers the application for a Specific Use Permit ( "SUP ") for a water well, it is important that we establish the appropriate standard of review. Specific Use Permits are generally applied to uses that encompass intensity levels of a type which require special treatment or location to ensure compatibility with surrounding properties and uses. As an example, a convenience store with high traffic volumes and significant outside lighting, should only be allowed adjacent to residential homes when its harmful elements can be alleviated or compensated for by landscape screening, access restrictions, low -glare lighting, or the like. Allowing such a use "by right" would not allow for individual consideration of those factors. Conversely, prohibiting the use entirely would result in certain necessary uses being located only in areas where the use is impractical. Matters such as those discussed above constitute the proper standard of review when considering this SUP application. As is explained below, however, concerns about the protection of the Town's underground water supply are not a permissible basis for the denial of an SUP for a water well. The State of Texas operates under the rule of capture with respect to both its water and petroleum resources. That rule can best be summarized by the most definitive Texas Supreme Court case on the issue of water use when it ruled as follows: Absent malice or willful waste, landowners have the right to take all the water they can capture under their land and do with it whatever they please, and they will not be liable for their neighbors even if in so doing they deprive their neighbors of the water's use. Sipriano v. Great Spring Waters of America, Inc. 1 S.W. 3d 75, 76 (Tex. 1999). That decision, which makes clear that neither the town nor the courts can regulate the amount of water taken from wells, is based on the premise that the Texas legislature has specifically reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In light of the existing precedent on this matter, it would be improper for the Town to take into consideration the potential impact on the underground water supply when examining the water well SUP application. Instead, the Planning and Zoning Commission and the Board should limit their review to the compatibility of the proposed use with surrounding properties and uses. In summary, the Specific Use Permit application (SUP- 08 -01) filed by Pam DeLaPorte for 1502 Wills Court should be considered based only on any potentially harmful impact its location and placement might have on adjacent properties and uses, exclusive of any consideration of groundwater conservation. The Planning and Zoning Commission met on September 25, 2008_ , concerning this case and unanimously approved the application for this water well. RECOMMENDATION Staff recommends approval of the SUP -08 -01 application for a water well. ATTACHMENTS Application Aerial photo with indication of water well site Ordinance No. 601 ; & xcord.;,,. WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of facts presented on the application for a Specific Use Permit and at the public hearings on same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; 2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent and nearby property anticipated to be in place upon expiration of the term of the Specific Use Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in effect on the date of granting of said permit; That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's Comprehensive Plan. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the granting of Specific Use Permits under the Zoning Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings and affording a full and fair process to all property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the Board of Aldermen of the Town of Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be, and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Specific Use Permit, for a private water well, located within the property at 1502 Wills Court, owned by Pam DeLaPorte. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the Town of Westlake as herein amended by the granting of a Specific Use Permit and approval of an associated location plan for private water well and incorporated herein by reference. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 6t" DAY OF OCTOBER 2008. ATTEST: Kim Sutter, TRMC, Town Secretary L. Stanton Lowry, Town Attorney Laura Wheat, Mayor Thomas E. Brymer, Town Manager Town of Westlake To: Honorable Mayor and Members of the Board of Aldermen From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of October 6, 2008 Date: September 29, 2008 ITEM Conduct a Public Hearing and consider an Ordinance approving an application for a specific use permit for a private water well to be located at 2600 JT Ottinger (withdrawn by applicant). This item supports the following Vision Point and Key Result Areas: 10 Inviting Residential & Corporate neighborhoods o On -going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND This project was not recommended or approved for funding in the 2009 -2010 FY. In order to meet publication deadlines, the public hearing was advertised before a decision was made with regard to proceeding forward with this project. Since a public hearing was advertised, the item appears on the agenda; however, no action is required by the Board. RECOMMENDATION No recommendation. ATTACHMENTS None. Town of Westlake r;, ■` Gja 10. FUTURE AGENDA ITEMS: Any Board member may request at a workshop and / or Board meeting, under "Future Agenda Item Requests ", an agenda item for a future Board meeting. The Board member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Board member will explain the item, the need for Board discussion of the item, the item's relationship to the Board's strategic priorities, and the amount of estimated staff time necessary to prepare for Board discussion. If the requesting Board member receives a second, the Town Manager will place the item on the Board agenda calendar allowing for adequate time for staff preparation on the agenda item. - None. town of Westlak liia:�i5�[1� m • - +•;, r :• •i r - NW Metroport Chamber of Commerce State of the Cities o Tuesday, 10/7/08, 11:30 a.m. Trophy Club Country Club - Arbor Day Celebration o Saturday, 10/11, Glenwyck Farms park area, 8 a.m. — 3 p.m. - Texas Municipal League Annual Conference and Exhibition o 10/28 — 10/31/08, San Antonio, Texas - FM 1938 Public Hearing o 11/6, displays at 6:30 p.m., public hearing at 7 p.m. Cross Timbers Community Church, 2525 Florence Road, Keller - Household Hazardous Waste collection day o 11/8/08,9 a.m. to 11 a.m., Westlake Academy Campus - Christmas Tree Lighting o Tuesday, 12/2/08, 6:30 p.m. town of Westlake The Board will conduct a dosed session under Texas Government Code section 551.074 to discuss personnel matters; specifically to conduct the Town Manager's evaluation. Town of Westlak Back up material has not been provided for this item.