HomeMy WebLinkAbout10-06-08 TC Agenda Packet WESTLAKE TOWN HALL
3 VILLAGE CIRCLE
MUNICIPAL COURT ROOM, SUITE 207
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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.
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ETC_Institute -Page: 1 of 23
Page 2 of 2
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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
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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
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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
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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
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...helping organizations make better decisions since 1982.
ETC Institute
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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
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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
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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
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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 •
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_.
• , ,,
• � •
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
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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"
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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
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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
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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.