HomeMy WebLinkAbout04-23-09 PZ Agenda Packet
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
A G E N D A
April 23, 2009
6:00 pm
TOWN HALL OFFICES – COUNCIL CHAMBERS/COURT ROOM
3 VILLAGE CIRCLE, SUITE 202
1. CALL TO ORDER.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON APRIL 2, 2009.
3. CONDUCT PUBLIC HEARINGS AND MAKE RECOMMENDATIONS TO THE
TOWN COUNCIL REGARDING APPROVAL OF PROPOSED AMENDMENTS TO
TOWN OF WESTLAKE ZONING ORDINANCES, AMENDING THE LAND USE
TABLES TO ALLOW GAS AND OIL DRILLING, EXPLORATION, AND
PRODUCTION USES IN ALL ZONING DISTRICTS WITH AN APPROVED
SPECIFIC USE PERMIT.
ZONING DISTRICTS AND THE ORDINANCES RELATED TO THOSE
DISTRICTS THAT ARE PROPOSED TO BE AMENDED ARE:
Case # Zoning Districts
A. Z-09-01 Straight zoning districts;
R-5, R-2, R-1, R-0.5, R-A, MF, LR, O, O-H, O-I, and GU.
B. Z-09-02 PD-1
C. Z-09-03 PD-2
D. Z-09-04 PD- 3-1
E. Z-09-05 PD- 3-3
Town of Westlake Page 2 of 2
Planning and Zoning Commission Agenda
April 23, 2009
Item 3. Continued
F. Z-09-06 PD- 3-4A
G. Z-09-07 PD- 3-5A
H. Z-09-08 PD- 3-6
I. Z-09-09 PD- 3-7
J. Z-09-10 PD- 3-8
K. Z-09-11 PD- 3-9
L. Z-09-12 PD- 3-10
M. Z-09-13 PD- 3-11
N. Z-09-14 PD- 3-12
O. Z-09-15 PD- 4
4. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village
Circle, Suite 202, Westlake, Texas, 76262, on Monday, April 21, 2009, by 5 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.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
April 2, 2009
PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath, Rick
Rennhack, and Sharon Sanden.
ABSENT: None.
OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter,
Planning and Development Director Eddie Edwards, DPS Director
Don Wilson, Facilities and Recreation Director Troy Meyer, and
Assistant to the Town Manager Ginger Awtry.
1. CALL TO ORDER.
Chairman Greenwood called the meeting to order at 6:07 p.m.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON DECEMBER 18, 2008.
Chairman Greenwood introduced the item and asked for a motion.
MOTION: Commissioner Sanden made a motion to approve the minutes as presented.
Commissioner Rennhack seconded the motion.
Commissioner Heath requested a correction to the minutes.
VOTE ON
MOTION: The amended motion carried by a vote of 4-0, with Commissioner Copeland
abstaining from the vote due to his absence from the December 18, 2008,
meeting.
3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING THE FOLLOWING CASES:
A) SITE PLAN; CASE NO. SP-09-01
B) PRELIMINARY PLAT; CASE NO. PP-09-01
Town of Westlake Page 2 of 6
Planning and Zoning Commission Meeting Minutes
April 2, 2009
BOTH APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING
TRACTS OF LAND: approximately 107 acres of land in the Planned Development 3-
Planning Area 12 (PD 3-12) zoning district, generally located east of J. T. Ottinger Road and
north of Dove Road.
Town Manager Brymer introduced the item and reviewed the history of the zoning case
amendment, the permitted uses, and the concept plan as approved by the Town Council in
May 2008.
Mr. Brymer presented the architectural, topographical, and site plan renderings for the
project.
Chairman Greenwood inquired as to the proposed lighting standards for the parking lots.
Planning and Development Director Edwards responded that the lighting plan submitted by
the applicant complies with the Town ordinances and the International Dark Skies
Association standards.
Town Manager Brymer addressed the Commission regarding the Dove Road streetscape,
and advised the Commission that the Town has worked with a streetscape consultant and the
Town has asked the applicant to utilize streetscape design concepts that will complement
other areas of the Town.
Town Manager Brymer advised that staff is recommending approval of the Site Plan and the
Preliminary Plat with the following stipulations:
- Preliminary Plat
o Floodway and floodplain may be relocated prior to final platting.
o Drainage and maintenance easements along floodway boundary will be
provided prior to Certificate of Occupancy.
- Site Plan:
o Access/Streets
• Primary public/guests ingress and egress from north via private drive
from Westlake Parkway.
• Service/Employee ingress and egress from west via private drive from
J.T. Ottinger Road (conveyed by easement between Deloitte and
Hillwood).
• Preliminary Plat and Site Plan approval conditional upon completion
of westerly access road prior to hotel/conference center receiving CO.
o Pedestrian Circulation/Trails/Open Space
• Portion of hike/bike trail along north side of Dove Road, adjacent to
PD 3-12, to be constructed per Town standards by developer.
• 25’ dual use easement for utilities (duct bank) and future trail use
required along western property line north, near J.T. Ottinger (with
conditions).
• Trail along Dove Road to be curvilinear in design.
• Streetscape along Dove Road will include the following per approval
by Town staff prior to installation:
- split rail fencing
Town of Westlake Page 3 of 6
Planning and Zoning Commission Meeting Minutes
April 2, 2009
- native grasses
- stone treatments
o Lighting
• Complies with all Town standards and with International Dark
Skies guidelines.
• All fixtures are to be submitted and reviewed/approved by Town
staff prior to installation.
o Tree mitigation
• To occur both on-site and off-site.
• Must be in compliance prior to issuance of CO.
o Signage
• No signs, visible from public or private properties, are proposed in
submittal other than directional/way finding signage.
o Building design/Screening Fence
• Data center building permit issued only after plans are provided
indicating compliance with horizontal and vertical articulation as
required by ordinance.
• Data center screening fence must meet Town requirements (i.e. solid
masonry or Town Council approval of stone columns with wrought
iron fencing)
Commissioner Heath inquired about the use of hardiplank material for an exterior finish.
Planning and Development Director Edwards responded that there is no masonry percentage
requirement for commercial construction, just an approved material.
Planning and Development Director Edwards addressed the Commission regarding the use
of stucco for the project.
Mr. Steve Silverstein, Director with Deloitte, responsible for real estate strategies and
investments addressed the Commission regarding the project. Mr. Silverstein advised the
Commission that the goal is to achieve the Gold standard for LEED certification. However,
as the project progresses, a decision regarding level of LEED will be determined.
Discussion ensued regarding the Dark Skies Association standards, the number of
employees (both Deloitte and Benchmark employees), the number of service trucks
accessing the properties per week, the appearance of a temporary road off Westlake
Parkway, gate access, and activity at the data center.
Mr. Steve Silverstein introduced the members of the team working on the project.
- Brad Selner, Managing Director, Jones Lang LaSalle
- Jonathan Carrier, Project Manager, Jones Lang LaSalle
- Tommy Parrett, Executive Vice President, Jones Lang LaSalle
- Brad Blankenship, Senior Vice President, Jones Lang LaSalle
- Valle Hathaway, Senior Project Manager, Jones Lang LaSalle
- Kerry Moon, Project Manager, Deloitte Services, LLP
- Lester Yuen, Design Director/Senior Associate, Gensler
Town of Westlake Page 4 of 6
Planning and Zoning Commission Meeting Minutes
April 2, 2009
- Pete Chalfant, Architect, Gensler
- David Thompson, Managing Principal, SWA Group (Landscape Architect)
- Rob Ryder, Landscape Architect, SWA Group
- Adam Reeves, Jacobs Carter Burgess Engineering
- Melissa Norcross, Public Relations Manager, Deloitte Services, LLP
Mr. Lester Yuen, Gensler, addressed the Commission regarding the design choices for the
project and presented material samples to the Commission. He also addressed the
Commission regarding the footprint of the data center and the articulation of the building.
Mr. David Thompson, SWA Group, addressed the Commission regarding the landscape
architecture for the project and the selection of native plant material. Mr. Thompson also
presented examples of a ‘living fence’, which is proposed as screening for the data center.
Town Manager Brymer advised the Commission that staff is agreeable to the footprint of the
data center building as proposed, as well as a black chain link fence with evergreen to serve
as screening for the building.
Mr. Adam Reeves, Jacobs Engineering, addressed the Commission regarding the technical
engineering related to the project.
Discussion ensued regarding emergency access, contractor parking, and lighting during
construction.
Chairman Greenwood opened the public hearing.
Dr. Joe Bonola, 1800 Barrington, Keller and Westlake property owner, addressed the
Commission regarding the cases and raised questions regarding an entrance and exit off
Dove Road, screening on Dove Road, the location of the project in relation to Dove Road,
and the plans for future development of the property.
Mr. Silverstein responded that screening will include some form of ranch style fencing to
blend in with the environment, and the intent at this time is to maintain the property as is.
However, additional features and rooms maybe added at a later date.
There being no further discussion, Chairman Greenwood asked for a motion to close the
public hearing.
MOTION: Commissioner Heath made a motion to close the public hearing.
Commissioner Rennhack seconded the motion. The motion carried by a vote
of 5-0.
Town Manager Brymer reviewed the staff recommendations with the following additional
stipulations based on the discussion:
Town of Westlake Page 5 of 6
Planning and Zoning Commission Meeting Minutes
April 2, 2009
2. Access/Streets
Add: Western access point (from J.T. Ottinger Road) will be staffed OR
monitored 24 hours a day / 7 days a week to achieve the purpose of allowing
trucks to turnaround at the site.
8. Pedestrian Circulation/Trails/Open Space/Streetscaping
Add: In the event adjacent properties are final platted without providing for
continuation of the trail easement to J.T. Ottinger, the 25-foot dual use easement
will revert to a single use easement for telecommunications uses.
9. Lighting
Add: Construction and staging lighting area will comply with Town of Westlake
requirements to the extent as not to violate OSHA regulations.
12. Building Design/Screening Fence
Remove vertical and horizontal articulation requirements and add acceptable as
presented.
Delete requirement for solid masonry and add black vinyl coated chain link
fencing with evergreen is acceptable.
Chairman Greenwood requested a motion related to the cases.
MOTION: Commissioner Heath made a motion to recommend approval of the Site Plan
(SP-09-01) and the Preliminary Plat (PP-09-01), subject to the staff
recommendations and with the modifications as presented by the Town
Manager to sections 2, 8, 9, and 12 (above). Commissioner Sanden seconded
the motion. The motion carried by a vote of 5-0.
4. ADJOURNMENT.
There being no further business to come before the Commission, Chairman Greenwood
asked for a motion to adjourn the meeting.
MOTION: Commissioner Rennhack made a motion to adjourn the meeting.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 5-0.
Chairman Greenwood adjourned the meeting at 8:49 p.m.
Town of Westlake Page 6 of 6
Planning and Zoning Commission Meeting Minutes
April 2, 2009
Approved by the Planning and Zoning Commission on the 23 day of April 2009.
________________________________
William E. Greenwood, Chairman
ATTEST:
_____________________________________
Kim Sutter, TRMC, Town Secretary
1
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Eddie Edwards, Director of Planning and Development
Tom Brymer, Town Manager
Subject: Regular meeting of April 23, 2009.
Case #’s Z-09-01 through Z-09-15
Date: April 16, 2009
ITEM
Conduct public hearings and make recommendations to the Town Council regarding approval of
proposed amendments to Town of Westlake zoning ordinances, amending the land use tables to allow gas
and oil drilling, exploration, and production uses in all zoning districts with an approved Specific Use
Permit.
Zoning districts and the ordinances related to those districts that are proposed to be amended are:
Case # Zoning Districts Code or Ordinances being amended
A.
Z-09-01
Straight zoning districts;
R-5, R-2, R-1, R-0.5, R-A, MF,
LR, O, O-H, O-I, and GU.
Town of Westlake Code of Ordinances,
Article III, Permissible Uses.
B. Z-09-02 PD-1 Ordinance 202
C. Z-09-03 PD-2 Ordinance 306
D. Z-09-04 PD- 3-1 Ordinance 308 and the Circle T PD
Supplement
E. Z-09-05 PD- 3-3 Ordinance 600 and the Circle T PD
Supplement
F. Z-09-06 PD- 3-4A Ordinance 451 and the Circle T PD
Supplement
G. Z-09-07 PD- 3-5A Ordinance 452 and the Circle T PD
Supplement
H. Z-09-08 PD- 3-6 Ordinance 312 and the Circle T PD
Supplement
I. Z-09-09 PD- 3-7 Ordinance 313 and the Circle T PD
Supplement
J. Z-09-10 PD- 3-8 Ordinance 314 and the Circle T PD
Supplement
2
K. Z-09-11 PD- 3-9 Ordinance 315 and the Circle T PD
Supplement
L. Z-09-12 PD- 3-10 Ordinance 592 and the Circle T PD
Supplement
M. Z-09-13 PD- 3-11 Ordinance 593 and the Circle T PD
Supplement
N. Z-09-14 PD- 3-12 Ordinance 591 and the Circle T PD
Supplement
O. Z-09-15 PD- 4 Ordinance 521
VISION POINT AND KEY RESULT AREAS
This item supports the following Town Council Vision Point and Key Result Areas:
; Inviting Residential & Corporate Neighborhoods
o On-going comprehensive planning
o Highest quality development and aesthetic standards
; We are Leaders
o High quality services delivery coupled with financial stewardship
o Infrastructure maintenance and planning
BACKGROUND
The Council and staff have been working on proposed revisions to oil and gas drilling
regulations for over a year.
In spring 2008, after reviewing area communities’ oil and gas drilling ordinances, the Council
gave staff direction to take additional time to perform further research on these regulations,
including discussions with area city staffs and representatives of the oil and gas industry. Having
carried out this Council direction, the staff in two Council workshops in October 2008 received
Council direction regarding a framework for proposed oil and gas drilling regulations.
This proposed regulatory framework has 2 components. First, was to regulate the
zoning/land use aspect of oil and gas drilling by allowing oil and gas drilling in any zoning
district, but only with a Council approved Specific Use Permit (SUP). An SUP application
requires a public hearing before both the Planning & Zoning Commission and the Town Council
before it could be approved or denied. Second, was to place all the technical, aesthetic, noise,
light, road, and setback regulations for oil and gas drilling in a proposed technical standards
ordinance. This proposed technical standards ordinance establishes a process that, before a well
could be drilled, the operator must first have an approved Specific Use Permit (SUP). If the
operator receives an approved SUP, then the operator can apply for a Gas Well Pad Site Permit.
If the Gas Well Pad Site Permit is approved, then the operator can apply for a Gas Well Permit
and if it is issued, then the operator can begin to perform drilling.
Staff recommended this approach as the best way to balance the requirement to 1.) allow
the mineral estate access to their mineral interests with 2.) the interests of surface owners
3
to have their property not adversely impacted by noise, dust, aesthetic issues, etc that
oil/gas drilling and production operations require be addressed. The zoning aspect of this
approach involves the P&Z, while the technical standards ordinance is solely the Town Council’s
purview. The technical standards ordinance is to be considered for adoption by the Council on
April 27 along with the P&Z’s recommendation related to the zoning approach.
A public information meeting was held in November 2008 to receive citizen feedback about this
proposed regulatory framework. Extensive use of the Town’s web site as well as email to those
on the Town’s email “blast” list serve has been used to keep residents informed about the work
to date on this topic. The Planning & Zoning Commission held a public hearing in December on
the zoning aspect of this proposed regulatory framework and tabled it so that both regular
(straight) zoning districts and planned development districts could be considered (only the
regular or “straight” zoning districts had been advertised for this public hearing). However, the
Commission did discuss at this meeting allowing oil/gas drilling and production in only certain
districts, which was a different approach than that recommended by staff. At the December
meeting staff emphasized to the Commission that the difficulty with allowing this use only in
certain districts is two-fold. First, it limits the mineral estate’s ability (established by law) to
access their mineral interests. Second, due to the nature of planned districts, which cover a
majority of Westlake, this approach would be almost impossible to administer. This is because
only the exterior boundaries of these planned districts are defined, not the geographic location of
the uses within these planned districts. The staff feels that the recommended approach does
increase the potential of this use being located in any district, however, in actuality it only
increases the opportunity to request this use in any district subject to zoning hearings and the
standards of the technical standards ordinance, assuming that the SUP is ultimately approved.
Additionally, if the SUP is approved, stringent conditions can be placed on the SUP at the time
of approval.
Following the P&Z’s action on December 18, 2008, the staff reviewed again at the Council’s
January 12th and 26th, 2009 workshops the various approaches for dealing with the zoning
component of this 2 pronged approach to regulating oil/gas drilling and production. The
Council’s consensus and direction to staff in January was to continue the Council’s
direction from October to accept the staff’s recommendation to allow oil/gas drilling and
production in any zoning district as an allowed (permitted) use, but only with an approved
Specific Use Permit (SUP).
Also, the Council received a staff presentation concerning the draft technical standards ordinance
at its January 12, 2009 workshop. At this workshop the Council also heard a presentation by
State Geologist Scott Tinker regarding gas well drilling in the Barnett Shale formation.
Currently, the Town of Westlake allows Gas and Oil uses in the O-I “Office – Industrial Park”
zoning district with an approved Specific Use Permit. However, there are no parcels currently
zoned O-I and our comprehensive plan does not support rezoning additional property to this
zoning district. By allowing Gas and Oil uses in all districts with an approved Specific Use
Permit, the opportunity for the capture of minerals and hydrocarbons throughout the Town
coupled with reasonable and detailed Town regulations is addressed.
4
An ordinance amending Chapter 56 “Oil and Gas Wells” of the Town of Westlake Code of
Ordinances will be presented to the Town Council for consideration immediately prior to the
presentation of these zoning amendments. Chapter 56 contains specific regulatory requirements
for Gas and Oil uses. The amendment will significantly strengthen those regulations to better
protect the health, safety, and welfare of the citizens of the Town of Westlake.
All property owners, as required by the Town’s zoning ordinance, have been notified of these
public hearings before the Commission and the Town Council on this proposed zoning change
per property ownership shown on the Tarrant and Denton County tax rolls.
FUNDING:
There is no funding impact by this action.
RECOMMENDATION
Staff recommends that the Planning & Zoning Commission submit to the Town Council a
recommendation of approval of these zoning ordinances that would add oil/gas drilling and
production activities as an allowed use with an approved SUP in all zoning districts in Westlake,
Texas.
ATTACHMENTS
1. Example of typical amendment to the Land Use Tables.
2. Town of Westlake official zoning map.
Typical Gas and Oil use amendment to Land Use Schedules
Each Planned Development has its own Land Use Table. This is an example of how the Land
Use Tables for each Planned Development will be amended. The section titled Oil and Gas
Exploration will be modified for each district to read as shown on the following table. Please
note that a blank square, such as those along-side compressor stations and commercial salt water
disposal wells, means that the use is not allowed in that zoning district as a principal use.
Chapter 102 ZONING*
Article III. Permissible Uses
Division 1. Generally
Sec. 102-61. Land use schedule.
Buildings, structures and land shall be used only in accordance with the uses permitted in the
following land use schedule, subject to all other applicable requirements of this chapter,
including article IV, district development standards:
(1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district
by right.
(2) The symbol "S" shall mean that the principal use is permitted in that zoning district only
after first obtaining a specific use permit (SUP) as set forth in this article.
(3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a
main use in the district. This does not exclude other land uses which are generally considered
ancillary to the primary use.
(4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is
required prior to issuance of a building permit, subject to the requirements of article VIII of this
chapter, applications, section 102-314, required site plan.
(5) An asterisk (*) indicates that the use has special standards or requirements listed in this
section, which it must meet in order to be allowed.
(6) A blank square shall mean that the use is not allowed in that zoning district as a principal
use.
(7) Any use not listed under Permitted Uses is not allowed.
Note: This table is for use as an example only. It has been modified and many non-gas and
oil related uses are not shown.
WESTLAKE LAND USE SCHEDULE
SF Residential Permitted Uses Commercial
R-
5
R-
2
R-
1
R-
0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O OHO-I
AGRICULTURAL USES
X X X X X Orchard X X X X X X
X X X X X Plant nursery (growing) X X X X X X
RESIDENTIAL USES
X X X X X Single-family detached S
Single-family zero lot line X
COMMERCIAL USES
Multifamily (apartments) X
Offices (general) X X X X
Studio X X X X
Banks and financial institutions X X X X
Information processing X X X
Hotel/motel with conferencing facility S X S X X
OIL & GAS EXPLORATION
The following uses are allowed in all zoning districts
including Planned Developments provided a Specific
Use Permit is approved.
S S S S S
Gas Well Pad Site
As defined in Chapter 56 of the Town of Westlake Code
of Ordinances
S S S S S S
Compressor Station/Facility
Salt water disposal well - Commercial
S S S S S Produced Storage (Tank Batteries) S S S S S S