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HomeMy WebLinkAbout09-20-10 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA September 20, 2010 6:00 pm WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM 1. CALL TO ORDER 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING A SPECIAL USE PERMIT (SUP-07-01-2010) TO AUTHORIZE ON PREMISES CONSUMPTION AND SALE OF ALCOHOLIC BEVERAGES AT 2501 WESTLAKE PARKWAY, BEING LOT 1 BLOCK 1 OF THE DELOITTE UNIVERSITY CONFERENCE CENTER ADDITION. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON JULY 23, 2009. 4. ADJOURNMENT 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 September 16, 2010, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. CERTIFICATION _____________________________________ Kelly Edwards, 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 July 23, 2009 PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:02 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 28, 2009. Chairman Greenwood introduced the item and asked for a motion. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN AMENDMENT TO CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES, AMENDING THE LAND USE SCHEDULE TO ALLOW PRIVATE WATER WELLS IN ALL ZONING DISTRICTS WITHOUT AN APPROVED SPECIFIC USE PERMIT AND ADDING A SECTION REGULATING THE PLACEMENT AND SCREENING REQUIREMENTS FOR SURFACE EQUIPMENT RELATED TO A PRIVATE WATER WELL. MOTION: Commissioner Copeland made a motion to approve the minutes as presented. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Planning and Development Director Edwards addressed the Commission regarding the item. Mr. Edwards explained that the proposed amendment would allow staff to administratively approve water well SUP’s under the following guidelines: All surface equipment related to the operation or maintenance of a private water well shall comply with the following: Town of Westlake Page 2 of 6 Planning and Zoning Commission Minutes July 23, 2009 1) Equipment shall be located on private property and clear of all easements; 2) If the equipment is to be located within a building, the building shall comply with all setbacks established for that zoning district. Equipment shelters that encroach into the building setback areas shall be decorative in nature and be incorporated into an approved landscape plan; 3) Equipment shall be screened from view as viewed from any adjacent property or right-of-way. Commissioner Heath asked if a wellbore could be in an easement and if wellbores are subject to setback requirements. Planning and Development Director Edwards responded that a wellbore in an easement would require the consent of the easement owner, and that wellbores are not subject to setback requirements. Additionally, Mr. Edwards stated that above ground wellbores are considered equipment and require screening. At the request of the Commission, Town Manager Brymer recommended the language be revised to include all service equipment and appurtenances to clarify what is considered equipment. Chairman Greenwood opened the public hearing. There being no one requesting to address the Commission regarding the case, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Heath made a motion to close the public hearing. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. There being no more questions, Chairman Greenwood asked for a motion. MOTION: Commissioner Heath made a motion to recommend approval of an amendment to Chapter 102 of the Town of Westlake Code of Ordinances amending the land use schedule to allow private water wells in all zoning districts without an approved SUP and adding a section regulating the placement and screening requirements for surface equipment and appurtenances related to a private water well. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Town Manager Brymer advised that the recommendation will be placed before the Council at their August 10, 2009, regular meeting. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR THE FINAL PLAT OF DELOITTE UNIVERSITY CONFERENCE CENTER; LOCATED IN THE PD 3-12 ZONING DISTRICT. Planning and Development Director Edwards addressed the Commission regarding the case Town of Westlake Page 3 of 6 Planning and Zoning Commission Minutes July 23, 2009 and advised that the Final Plat comports to the Preliminary Plat presented and approved by the Town Council on April 13, 2009, as recommended by the Commission. Planning and Development Director Edwards reviewed the case with the Commission. Mr. Edwards stated that: - Primary Access - will be from Westlake Parkway, across Hillwood property to the north of the site via ingress/egress easement, and entering the property from the north. Employee and Delivery Access will be from HWY 170 via a new privately constructed road crossing the Hillwood property west of J.T. Ottinger, crossing J.T. Ottinger, utilizing an ingress/egress easement across Hillwood property on the east side of J.T. Ottinger and entering the site from the West. Additionally, Mr. Edwards advised that Deloitte has provided a 25 foot wide trail and Town of Westlake Duct Bank dual use easement extending north from Dove Road to the corner of the property just south of the Data Center lot, then extending west to the western most boundary of the property. Mr. Edwards stated that the trail portion of the dual use easement is contingent upon the Town acquiring an additional trail easement when the adjacent property is platted. Representing the applicant, the following individuals were in attendance: - Mr. Steve Silverstein, Director, Deloitte - Mr. Brad Blankenship, Senior Vice President, Jones Lang LaSalle - Ms. Valle Hathaway, Senior Project Manager, Jones Lang LaSalle - Mr. Kerry Moon, Project Manager, Deloitte Services, LLP - Mr. Adam Reeves, Jacobs Carter Burgess Engineering Mr. Steve Silverstein stated that grading at the site has begun and a vertical groundbreaking is expected in October 2009. Chairman Greenwood opened the public hearing. There being no one requesting to address the Commission regarding the case, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Heath made a motion to close the public hearing. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. There being no further questions, Chairman Greenwood asked for a motion. MOTION: Commissioner Copeland made a motion to recommend approval of the final plat for the Deloitte University Conference Center (PD 3-12), subject to the stipulations and conditions outlined in the staff report related to Access/Streets and Pedestrian Circulation/Trails/Open Space/Streetscaping (as stated above). Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Page 4 of 6 Planning and Zoning Commission Minutes July 23, 2009 Town Manager Brymer advised that the recommendation will be placed before the Council at their August 10, 2009, regular meeting. 5. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE REGARDING AN APPLICATION FOR A GAS WELL PAD SITE SPECIFIC USE PERMIT; GENERALLY LOCATED AT 2450 PRECINCT LINE ROAD. Town Manager Brymer addressed the Commission regarding the item and provided background to the case. Director of Planning and Development Edwards reviewed the staff report related to the case. Mr. Edwards stated that since filing the application, the applicant has advised that, for fraccing purposes, an alternate water source will be necessary. Commissioner Heath expressed concern with exceeding the Town’s peak water rate with the City of Fort Worth. Discussion ensued with regard to access to and from the pad site, water usage, the possibility of exceeding the peak water rate, erosions controls, screening and landscaping of the pad site, staffing and security at the site, noise management, and the waste disposal plan. Ms. Mary Patton, Range Resources, advised the Commission that a minimum of ten (10) individuals will be on the site at all times. Planning and Development Director Edwards presented photos of the current condition of the site, during drilling, and post completion from various directions. Planning and Development Director Edwards advised the Commission that the applicant is seeking a variance for tree mitigation, specifically the caliber inch replacement. Mr. Edwards advised that the staff is recommending approval of the request due to compromises agreed to by the applicant at the request of staff. Additionally, Mr. Edwards advised that the applicant has hired a consultant to monitor noise at the site and to determine a minimum, maximum and average ambient noise level for the drill site. In the event of a complaint, an investigation would occur and if the noise level is exceeded, the applicant is prepared to install temporary acoustical barriers. Planning and Development Director Edwards advised the Commission that staff is recommending approval of the SUP, subject to stipulations and conditions listed in the staff report. Mr. Tom Allen, Maguire Partners, 9 Village Circle, Westlake, addressed the Commission regarding the process of selecting Range Resources for the project as well as the consensus to move the gas well drill site at the request of Town staff. Ms. Mary Patton, Regulation Manager with Range Resources, addressed the Commission Town of Westlake Page 5 of 6 Planning and Zoning Commission Minutes July 23, 2009 and was available to address questions from the Commissioners. Mr. Shea Kirkman, Project Manager, Jacobs Engineering Group, Inc. presented a PowerPoint presentation to the Commission regarding the case, including an aerial of the pad site illustrating placement of the equipment and appurtenances. Discussion ensued regarding the drilling schedule, collection and removal of waste from the site, appearance of the gas well pad site, maintenance and safety of the pad site when drilling is complete, required signage, municipal water usage and the need for a water storage pond to ensure a guaranteed volume of water for fraccing. Chairman Greenwood opened the public hearing. There being no one requesting to address the Commission regarding the case, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Copeland made a motion to close the public hearing. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. There being no more questions, Chairman Greenwood asked for a motion. MOTION: Commissioner Heath made a motion to recommend approval of an amendment to the Comprehensive Zoning Ordinance related to a Gas Well Pad Site Specific Use Permit (SUP) generally located at 2450 Precinct Line Road, subject to comments included in the staff report with the following revisions 1) secondary private access will not run parallel to Trophy Club MUD easement; and 2) the applicant be allowed to develop a secondary off- site, water source for the purpose of fraccing wells and at a location approved by staff and in compliance with the Town’s ordinances. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Town Manager Brymer advised that the recommendation will be placed before the Council at their August 10, 2009, regular meeting. 6. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Heath made a motion to adjourn the meeting. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Chairman Greenwood adjourned the meeting at 8:07 p.m. Town of Westlake Page 6 of 6 Planning and Zoning Commission Minutes July 23, 2009 Approved by the Planning and Zoning Commission on the 27 day of August 2009. _______________________________ William E. Greenwood, Chairman ATTEST: _____________________________________ Kim Sutter, TRMC, Town Secretary Page 1 of 2 Memo Town of Westlake To: Chairman and members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular Meeting of September 20, 2010 Date: September 14, 2010 Conduct a Public Hearing and take appropriate action regarding an application for a Specific Use Permit to authorize on-site sales and consumption of alcoholic beverages at the Deloitte University Conference Center. ITEM VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o Sensitivity to neighborhood integrity o Highest quality development and aesthetic standards  Hospitality Finds its Home in Westlake o Citizen engagement and communication o Tourism development BACKGROUND As a prerequisite to obtaining a license from the State of Texas for the sale and on-site consumption of alcoholic beverages, an applicant must demonstrate that they will be in compliance with all local ordinances related to the sale and on-site consumption of alcoholic beverages for the location that the license is being requested. The Town of Westlake Planned Development Supplement, Section 12-31, Land Use Schedule, permits “Restaurant, Café, or Dining Facilities with alcohol sales” but only with a Specific Use Permit. The purpose of the Specific Use Permit process is to identify those uses which might be appropriate within a zoning district, but due to either their location, functional or operational nature, could have a potentially negative impact upon surrounding properties; and to provide for a procedure whereby such uses might be permitted by further restricting or conditioning them so as to eliminate such probable negative impacts. Page 2 of 2 In approving any Specific Use Permit, the board may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties and citizenry as a whole as it may be affected by this use. The Town of Westlake Code of Ordinances Section 26-65 requires that the Planning and Zoning Commission conduct a public hearing and make a recommendation to the Town Council regarding Specific Use Permits. The Town of Westlake Code of Ordinances Section 26-66 requires that the Town Council conduct a public hearing and make determination on Specific Use Permits. RECOMMENDATION Since the development standards were taken into consideration by the Planning and Zoning Commission and the Town Council during the re-zoning and Site Plan approval process and since no additional safeguards, above and beyond our current Code of Ordinances, were thought necessary at that time, staff recommends approval of this SUP. ATTACHMENTS: None