HomeMy WebLinkAbout09-24-07 PZ Agenda Packet •
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
AGENDA
September 24, 2007
6:15 P.M.
WESTLAKE CIVIC CAMPUS - BOARD ROOM
2600 J. T. OTTINGER ROAD
1. CALL TO ORDER.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON AUGUST 23,2007.
3. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY RATIFYING,
CONFIRMING, AND READOPTING PLANNED DEVELOPMENT DISTRICT NO.
3-9 CONSISTING OF APPROXIMATELY A 48.293 ACRE TRACT OF LAND
SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J.
BACON SURVEY, ABSTRACT NO. 1565; GENERALLY LOCATED NORTHWEST
OF STATE HIGHWAY 170 AT ITS INTERSECTION WITH OTTINGER ROAD.
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY RATIFYING,
CONFIRMING, AND READOPTING PLANNED DEVELOPMENT DISTRICT NO.
3-5A CONSISTING OF APPROXIMATELY A 1.314 ACRE TRACT OF LAND
SITUATED IN THE M.E.P. & P.R.R.CO. SURVEY, ABSTRACT NO. 923 AND J.
BACON SURVEY ABSTRACT NO. 1565; GENERALLY LOCATED AT THE
CORNER OF OTTINGER ROAD AND STATE HIGHWAY 170.
5. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR OIL AND
GAS SEISMIC TESTING TO BE PERFORMED IN THE PLANNED
DEVELOPMENT 1, OWNED BY MAGUIRE PARTNERS-SOLANA LP, IN THE
WESTLAKE/SOUTHLAKE ADDITION NO. 1; ON APPROXIMATELY 450 ACRES
OF LAND OUT OF THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, THE W.
MEDLIN SURVEY, ABSTRACT NO. 1958, THE U.P. MARTIN SURVEY,
ABSTRACT NO. 1015, THE J. B. MARTIN SURVEY, ABSTRACT NO. 1134 AND
THE T. W. MANN SURVEY, ABSTRACT NO. 1107, DENTON AND TARRANT
COUNTIES, TEXAS.
6. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A
PRIVATE WATER WELL TO BE LOCATED ON 2252 KING FISHER DRIVE;
VAQUERO PHASE 2; LOT 1, BLK B.
7. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN
APPLICATION FOR A PRELIMINARY PLAT BEING APPROXIMATELY 3.648
ACRES OF LAND AT 1475 DOVE ROAD; DESCRIBED AS THE STANTON
ADDITION; C.M. THROOP SURVEY, ABSTRACT NO. 1510, TRACT 5A & 5A01A,
TARRANT COUNTY, TEXAS.
8. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village
Circle, Suite 202 and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, 76262, on
Friday, September 21, 2007, 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
August 23, 2007
PRESENT: Chairman Bill Greenwood, Commissioners Walter Copeland, Allen Heath, and
Sharon Sanden.
ABSENT: Commissioner Tim Brittan.
OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Michael Kallus, Town
Secretary Kim Sutter, DPS Director Don Wilson, Facilities and
Recreation Director Troy Meyer, and Town Engineer David
McCarver.
1.
2
CALL TO ORDER.
Chairman Greenwood called the meeting to order at 7:05 p.m.
REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON JULY 26, 2007.
Chairman Greenwood introduced the item and asked for a motion.
MOTION: Commissioner Copeland made a motion to approve the minutes as presented.
Commissioner Sanden seconded the motion.
Commissioner Heath requested a change to Item #3 to reflect his statement of support for
one -acre lot sizes, but would comply with the wishes of the Board with respect to the Terra
Bella development.
The motion was amended to reflect the requested change.
VOTE ON
MOTION: The motion carried by a vote of 4 -0, with the proposed amendment.
Town of Westlake
Planning and Zoning Commission Meeting
August 23, 2007
Page 2 of 6
3. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR AN
AMENDMENT TO THE CONCEPT PLAN IN PLANNED DEVELOPMENT 1;
OWNED BY MAGUIRE PARTNERS - SOLANA LP, IN THE WESTLAKE/ SOUTH -
LAKE ADDITION NO. 1; LOT 1, BLOCK 1, FOR APPROXIMATELY 75.2 ACRES
OF LAND GENERALLY LOCATED AT THE NW CORNER OF STATE
HIGHWAY 114 AND SOLANA BOULEVARD.
Town Manager Petty introduced items 3 and 4, and advised the Commission that the
proposed project will provide 142,000 square feet of office space within a five (5) story
building. Mr. Petty advised the Commission that the site plan contemplates a building
height 716 feet mean seal level (msl) for the first phase building and 721 feet msl for the
phase two building.
Mike Silliman, Vice President of Leasing for Maguire Partners, addressed the Commission
regarding the case. Also present were Rex Whitten, Construction Manager for Maguire
Partners, and Summer Huntley with Mesa Designs.
Kimberly Cole of Huitt- Zollars and Lorenzo Castillo of HKS presented the project detail to
the Commission.
Discussion ensued with regard to the building heights and the visual impact from various
perspectives.
Chairman Greenwood opened the public hearing.
There being no one requesting to speak, 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.
MOTION: Commissioner Copeland made a motion to approve the application, allowing
an amendment to the concept plan to permit the elevations as presented.
Commissioner Sanden seconded the motion.
Commissioner Heath expressed his concern with regard to visibility of the proposed
structure from various perspectives.
VOTE ON
MOTION: The motion carried by a vote of 4 -0.
Town of Westlake
Planning and Zoning Commission Meeting
August 23, 2007
Page 3 of 6
4. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
REPLAT IN PLANNED DEVELOPMENT 1; OWNED BY MAGUIRE PARTNERS -
SOLANA LP, IN THE WESTLAKE /SOUTHLAKE ADDITION NO. 1; LOT 1,
BLOCK 1 FOR APPROXIMATELY 75.20 ACRES OF LAND GENERALLY
LOCATED AT THE NW CORNER OF STATE HIGHWAY 114 AND SOLANA
BOULEVARD.
Town Manager Petty advised the Commission that this replat is being requested by the
applicant and, is not a requirement of the Town.
Chairman Greenwood opened the public hearing.
There being no one requesting to speak, Chairman Greenwood asked for a motion to close
the public hearing.
MOTION: Commissioner Heath made a motion to close the public hearing.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 4 -0.
MOTION: Commissioner Greenwood made a motion to approve the application for the
replat as presented. Commissioner Heath seconded the motion. The motion
carried by a vote of 4 -0.
5. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS LOT 18 OF THE STAGECOACH HILLS
ADDITION, RUTH BAKER SURVEY, ABSTRACT NO. 108, TARRANT COUNTY,
TEXAS, AS RECORDED IN VOLUME 388 -66, PAGE 53, PLAT RECORDS,
TARRANT COUNTY; MORE COMMONLY KNOWN AS 5928 STEVE COURT,
CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM (R -1).
Chairman Greenwood introduced items 5 through 10, and advised that Commissioners
Heath and Sanden have filed conflict of interest affidavits with the Town Secretary and will
not participate in the discussion or voting for items 5 through 10.
Chairman Greenwood opened the public hearings for items 5 through 10.
There being no one requesting to speak, Chairman Greenwood asked for a motion to close
the public hearings.
MOTION: Commissioner Copeland made a motion to close the public hearings.
Chairman Greenwood seconded the motion. The motion carried by a vote of
2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office
Town of Westlake
Planning and Zoning Commission Meeting
August 23, 2007
Page 4 of 6
MOTION: Chairman Greenwood made a motion to approve item 5 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
6. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS LOT 20A OF THE STAGECOACH HILLS
ADDITION, RUTH BAKER SURVEY, ABSTRACT 108, TARRANT COUNTY,
TEXAS, AS RECORDED IN VOLUME 388 -66, PAGE 53, PLAT RECORDS,
TARRANT COUNTY; MORE COMMONLY KNOWN AS 5920 STEVE COURT,
CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM (R -1).
MOTION: Chairman Greenwood made a motion to approve item 6 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
7. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS APPROXIMATELY 1.13 ACRES OF LAND, IN
THE RUTH BAKER SURVEY, ABSTRACT 108, TRACT 1C01A OR 1C1A
(MAPPED) AND TRACT 1CO3A OR 1C3A (MAPPED), TARRANT COUNTY,
TEXAS; MORE COMMONLY KNOWN AS 13291 ROANOKE ROAD,
CURRENTLY ZONED RESIDENTIAL -1 ACRE MINIMUM (R -1).
MOTION: Chairman Greenwood made a motion to approve item 7 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
8. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS APPROXIMATELY 1.00 ACRE OF LAND, IN
THE RUTH BAKER SURVEY, ABSTRACT NO. 108, TRACT 1C01136A OR TRACT
1C1136A (MAPPED), TARRANT COUNTY, TEXAS, MORE COMMONLY KNOWN
AS 5900 STAGECOACH CIRCLE, CURRENTLY ZONED RESIDENTIAL -1 ACRE
MINIMUM (R -1).
MOTION: Chairman Greenwood made a motion to approve item 8 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
Town of Westlake Page 5 of 6
Planning and Zoning Commission Meeting
August 23, 2007
9. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS APPROXIMATELY 1.506 ACRES OF LAND,
IN THE RUTH BAKER SURVEY, ABSTRACT NO. 108, TRACT 1C1E AND
TRACT 1C3C, TARRANT COUNTY, TEXAS; MORE COMMONLY KNOWN AS
13299 ROANOKE ROAD, CURRENTLY ZONED RESIDENTIAL -1 ACRE (R -1).
MOTION: Chairman Greenwood made a motion to approve item 9 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
10. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A
ZONING CHANGE REQUEST TO RESIDENTIAL AIRPARK (RA) FOR THE
TRACT OF LAND DESCRIBED AS APPROXIMATELY 1.601 ACRES OF LAND,
IN THE RUTH BAKER SURVEY, ABSTRACT 108, TRACT 1C05A1 OR
1C5A1(MAPPED), TARRANT COUNTY, TEXAS; MORE COMMONLY KNOWN
AS 13345 THORNTON DRIVE, CURRENTLY ZONED RESIDENTIAL -1 ACRE
MINIMUM (R -1).
MOTION: Chairman Greenwood made a motion to approve item 10 as presented.
Commissioner Copeland seconded the motion. The motion carried by a vote
of 2 -0, with Commissioners Heath and Sanden filing a conflict of interest
affidavit with the Town's Secretary's office.
11. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN
APPLICATION FOR A FINAL PLAT BEING 1.00 ACRE OF LAND, DESCRIBED
AS LOT 1, BLOCK 1, BENDER ADDITION, RUTH BAKER SURVEY, ABSTRACT
NO. 108, TARRANT COUNTY; COMMONLY KNOWN AS 5900 STAGECOACH
CIRCLE.
Town Manager Petty introduced the item and advised the Commissioner that the final plat
has been reviewed by the Town Engineer and meets the Town's requirements.
Commissioner Heath stated that the plat should be approved as a variance as the lot is 36
feet short of being one acre.
Town Attorney Kallus advised that the lot size is substantially one acre and a variance is not
required.
Discussion ensued with regard to addressing future cases in which the lot size is less than
one acre.
Town Manager Petty advised that all cases will be ruled on individually.
Town of Westlake
Planning and Zoning Commission Meeting
August 23, 2007
Page 6 of 6
MOTION: Commissioner Copeland made a motion to recommend approval of the final
plat as presented. Commissioner Greenwood seconded the motion. The
motion carried by a vote of 3 -0, with Commissioner Heath abstaining from
the vote.
12. ADJOURNMENT.
There being no further business to come before the Commission, Chairman Greenwood
adjourned the meeting at 8:21 p.m.
Approved by the Planning and Zoning Commission on the 24th day of September 2007.
William E. Greenwood, Chairman
ATTEST:
Kim Sutter, TRMC, Town Secretary
ORDINANCE NO. 577
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS
ANNEXING APPROXIMATELY 48.293 ACRES OF THE M.E.P. &
P.R.R. CO. SURVEY, ABSTRACT NO. 923, DENTON COUNTY,
TEXAS, AND THE J. BACON SURVEY, ABSTRACT NO. 1565,
DENTON COUNTY, TEXAS, INTO THE TOWN LIMITS OF THE
TOWN OF WESTLAKE, TEXAS, PURSUANT TO SECTION
43.028 OF THE TEXAS LOCAL GOVERNMENT CODE;
PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the property owner of approximately 48.293 acres of the M.E.P. &
P.R.R. Co. Survey, Abstract No. 923, Denton County, Texas, and the J. Bacon Survey,
Abstract No. 1565, Denton County, Texas, have petitioned the Town of Westlake to
annex the property as shown on attached Exhibit "A ", (hereinafter the "Pro e "); and
WHEREAS, the petition by the property owner is attached as Exhibit `B"
(hereinafter the "Petition "); and
WHEREAS, the Property is one -half mile or less in width; and
WHEREAS, the Property is contiguous to the current Town Limits of the TOWN
OF WESTLAKE, Texas; and
WHEREAS, the Property is vacant and without residence or on which fewer than
three qualified voters reside; and
WHEREAS, the Petition has previously been received and approved by the
Board of Aldermen of the Town of Westlake; and
WHEREAS, all of the provisions of state law including, but not limited to,
Section 43.028 of the Texas Local Government Code have hereby been met.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF
ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS:
Section 1. That all of the above findings are hereby found to be true and
correct and are incorporated into the body of this Ordinance in their entirety.
Section 2. That the Property shown on attached Exhibit "A" shall hereby be
annexed into the Town Limits of the Town of Westlake, Texas, for full municipal
purposes.
Section 3. That the terms and provisions of this Ordinance shall be deemed to
be severable and that if the validity of any section, subsection, sentence, clause or phrase
of this Ordinance should be declared invalid or unconstitutional by the valid judgment or
decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall
not affect the validity of any other section, subsection, sentence, clause or phrase of this
Ordinance.
Section 4. This Ordinance contemplates the full and final satisfaction of those
certain "Conditions ", as defined in Section 10.a. of that certain Master Agreement
Regarding Boundary Adjustment and Other Matters (the "Master Agreement ") by and
among the Town of Westlake, Texas, the City of Roanoke, Texas, 170 Retail Associates,
Ltd., HCA Health Services of Texas, Inc., and AIL Investment, L.P. Notwithstanding
anything to the contrary, if such "Conditions" set forth in Section 10.a. of the Master
Agreement have not been fully and finally satisfied by the "Termination Date ", as
defined in Section 10.b. of the Master Agreement, then this Ordinance shall automatically
be deemed null and void from and after the Termination Date for all purposes.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE
TOWN OF WESTLAKE, TEXAS, ON THIS 24" day of September 2007
APPROVED:
Scott Bradley, Mayor
(SEAL)
ATTEST:
Kim Sutter, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
EXHIBIT "A"
TO WESTLAKE ZONING ORDINANCE FOR 48.293 ACRE TRACT
Description of the Property
BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and
the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and
being a portion of that tract of land as described by deed to 170 Retail Associates, Ltd.
(Tract 1) and recorded in County Clerk's filing No. 2005- 136073, Real Property
Records of Denton County, Texas and No. D205325970, Deed Records of Tarrant
County, Texas, said tract of land being more particularly described by metes and
bounds as follows:
BEGINNING at a railroad spike found at the southeast corner of Town of Roanoke
tract as recorded in Volume 13368, Page 505, Deed Records of Tarrant County and
Volume 4184, Page 725, Real Property Records of Denton County, Texas, said point
being a corner in the westerly line of said 170 Retail Associates, Ltd. Tract 1;
THENCE along the westerly line and the northerly line of said 170 Retail Associates,
Ltd. Tract 1, the following bearings and distances:
N 00 630'24 "W, 622.63 feet to a corner post found;
N 70 056'02 "W, 336.45 feet to a 5/8 inch iron rod found;
N 23 °24'56 "E, 561.73 feet to a 3/8 inch iron rod found;
S 84 048'34 "E, 449.59 feet to a 3/8 inch iron rod found;
N 000 15'39 "W, 40.52 feet to a corner post found in the southerly line of
Bluebonnet Addition, an addition to the Town of Roanoke as recorded in
Volume 343, Page 447, said Denton County Records;
N 89 °18'19 "E, 1592.25 feet along said southerly line to a railroad spike found;
THENCE S 00 040'31 "E, 102.86 feet to a point in the northerly right -of -way line of State
Highway 170 (variable width right -of -way);
THENCE along the northerly right -of -way line of said State Highway 170, the following
bearings and distances:
S 88 °53'25 "W, 26.82 feet to a 5/8 inch iron rod found;
S 03 021'04 "W, 16525 feet to a Texas Department of Transportation Brass Disk in
concrete (TXDOT Mon.) found;
S 39 °27'51 "W, 1229.12 feet to a TXDOT Mon. found, the beginning of a curve to
the left;
62.27 feet along the arc of said curve to the left, through a central angle of
00 °18'39 ", a radius of 11479.16 feet and a long chord of S 39 °18'32 "W, 62.27
feet;
THENCE S 89 054'34 "W, 1083.49 feet, leaving said northerly right -of -way line to the
POINT OF BEGINNING and containing 48.293 acres of land, more or less.
ORDINANCE NO. 578
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS,
AMENDING THE COMPREHENSIVE ZONING ORDINANCE BY
RATIFYING, CONFIRMING, AND READOPTING ORDINANCE
NO. 452, WHICH ADOPTED AND CREATED PLANNED
DEVELOPMENT DISTRICT NO. 3 -5A, AND RATIFYING,
CONFIRMING AND READOPTING THE REZONING OF AN
APPROXIMATELY 1.314 ACRE TRACT OF LAND TO BE
INCLUDED WITHIN PLANNED DEVELOPMENT DISTRICT NO.
3 -5A; PROVIDING FOR THE AMENDMENT TO THE TOWN'S
OFFICIAL ZONING MAP; PROVIDING A PENALTY CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE
WHEREAS, the Town of Westlake (the "Town ") has previously adopted
Ordinance No. 452 which rezoned an approximately 154 acre tract of land to Planned
Development District No. 3 -5A ( "PD 3 -5A ") pursuant to all the requirements of state law
and local ordinances; and
WHEREAS, an approximate 1.314 acre tract as more particularly described on
Exhibit "A" attached hereto and incorporated herein (the "Propert y ") was included in the
original adoption of PD 3 -5A on March 22, 2004; and
WHEREAS, the owner of the Property has applied to have the zoning on the
Property ratified, confirmed, and readopted as being zoned and included within PD 3 -5A,
as shown on attached Exhibit `B" attached hereto and incorporated herein;
WHEREAS, notice of a public hearing before the Planning and Zoning
Commission and Board of Aldermen was sent to real property owners within 200 feet of
the Property in accordance with state law and local ordinances; and
WHEREAS, notice of the public hearing before the Planning and Zoning
Commission and Board of Aldermen was published in a newspaper of general circulation
in the Town in accordance with state law and local ordinances; and
WHEREAS, public hearings on this Ordinance were conducted by the Planning
and Zoning Commission and the Board of Aldermen in accordance with state law and
local ordinances; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
That the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
2. That Ordinance No. 452 is in full force and effect, and is hereby ratified,
confirmed, and readopted.
3. That the Comprehensive Zoning Ordinance of the Town is hereby
amended to reflect that the Property is hereby ratified, confirmed, and
readopted as being zoned and included within PD 3 -5A.
4. That all terms and conditions of PD 3 -5A shall apply to the Property and
shall remain in full force and effect.
5. Upon the Effective Date of this Ordinance, the Town Secretary shall
promptly show the Property as being zoned and contained within PD 3 -5A
on the Town's Official Zoning Map.
6. That any person, firm, partnership, corporation or other entity violating
any of the provisions of this Ordinance, shall be guilty of a crime and
upon final conviction therefore shall be fined in an amount not to exceed
Two Thousand Dollars ($2,000.00) for the violation. Each and every day
such violation continues shall constitute a separate offense.
7. If any section, article, paragraph, sentence, clause, phrase or word in this
Ordinance, or its application to any person or circumstance is held invalid
or unconstitutional by a Court of competent jurisdiction, such holding
shall not affect the validity of the remaining portions of this Ordinance;
and the Town Board of Aldermen hereby declares it would have passed
such remaining portions of the Ordinance despite such invalidity, which
remaining portions shall remain in full force and effect.
8. This Ordinance contemplates the full and final satisfaction of those certain
"Conditions ", as defined in Section 10.a. of that certain Master Agreement
Regarding Boundary Adjustment and Other Matters (the "Master
Agreement ") by and among the Town of Westlake, Texas, the City of
Roanoke, Texas, 170 Retail Associates, Ltd., HCA Health Services of
Texas, Inc., and AIL Investment, L.P. Notwithstanding anything to the
contrary, if such "Conditions" set forth in Section 10.a. of the Master
Agreement have not been fully and finally satisfied by the "Termination
Date ", as defined in Section 10.b. of the Master Agreement, then this
Ordinance shall automatically be deemed null and void from and after the
Termination Date for all purposes.
Passed and approved by the Board of Aldermen of the Town of Westlake,
Texas, on this 24th day of September 2007.
Town of Westlake, Texas
Scott Bradley, Mayor
ATTEST:
Kim Sutter, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
EXHIBIT "A"
TO WESTLAKE ZONING ORDINANCE FOR 1.314 ACRE TRACT
Description of the Property
BEING a tract of land situated in the M.E.P.& P.R.R.Co. Survey, Abstract No. 923 and
the J. Bacon Survey, Abstract No. 1565, Town of Westlake, Denton County, Texas and
being a portion of that tract of land as described by deed to AIL Investment, L.P. and
recorded in Volume 4116, Page 183, Real Property Records of Denton County and in
Volume 13275, Page 542, Deed Records of Tarrant County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
COMMENCING at a railroad spike found at the southeast corner of Town of Roanoke
tract as recorded in Volume 13368, Page 505, Deed Records of Tarrant County and
Volume 4184, Page 725, Real Property Records of Denton County, Texas, being a
corner in the westerly line of 170 Retail Associates, Ltd. tract as recorded in County
Clerk's filing No. 2005- 136073 (Denton County) and No. D205325970 (Tarrant
County);
THENCE N 89 054'34 "E, 1658.19 feet to the POINT OF BEGINNING in the
southerly right -of -way line of State Highway 170 (variable width right -of -way);
THENCE N 34 039'39 "E, 368.29 feet along said southerly right -of -way line;
THENCE S 75 °4123 "E, 65.50 feet, leaving said southerly right -of -way line;
THENCE N 89 052'23 "E, 19.84 feet;
THENCE S 00 039'46 "E, 291.06 feet;
THENCE N 89 °10'35 "W, 296.16 feet to the POINT OF BEGINNING and containing
57232.9279 square feet or 1.314 acres of land more or less.
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
Subject: Regular meeting of September 24, 2007
Date: September 19, 2007
ITEM
Conduct a Public Hearing and take appropriate action regarding an application for a
specific use permit for oil and gas seismic testing to be performed in the Planned
Development 1, owned by Maguire Partners -Solana LP, in the Westlake /Southlake
Addition No. l; on approximately 450 acres of land out of the C.M. Throop Survey,
Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the U.P. Martin Survey,
Abstract No. 1015, the J. B. Martin Survey, Abstract No. 1134 and the T. W. Mann
Survey, Abstract No. 1107, Denton and Tarrant Counties, Texas.
BACKGROUND
Tom Allen with Maguire Partners, has filed an SUP permit as required to obtain an Oil &
Gas permit necessary for exploration activities. At this time, the request is being made
for seismic testing only on the Maguire property within PD 1.
In addition to the received application and fee, staff requested more specific information
concerning the anticipated location of the seismic testing. Time Slice Technology Inc. is
the company that will be performing the seismic testing and they have now provided a
few maps indicating the general location.
Ordinance 458 is included in your backup for your reference and review
RECOMMENDATION
Staff recommends approval.
TOWN OF WESTLAKE
ORDINANCE NO. 458
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, ENACTING
PERMIT PROCEDURES, FEES AND REGULATIONS REGARDING THE
DRILLING AND PRODUCTION OF OIL OR GAS WELLS WITHIN THE
TOWN; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A
CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas, (the "Town ") is a General Law
Municipality located in Tarrant and Denton Counties, Texas, created in accordance with
the provisions of the Texas Local Government Code and operating pursuant to the
enabling legislation of the State of Texas; and
WHEREAS, the Board of Aldermen of Westlake, Texas, finds that the
drilling and production of oil or gas without proper regulations, may affect the health,
safety, and general welfare of the public and may cause imminent destruction of property
or injury to persons; and
WHEREAS, the Board of Aldermen of Westlake, Texas, deems it necessary
to enact an ordinance to govern the drilling and production of oil or gas within the
corporate limits of the Town.
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That, the above findings are hereby found to be true and correct
and are incorporated herein in their entirety.
SECTION 2: That, the Town hereby adopts procedures and regulations governing
oil and gas well drilling and production, which reads as follows:
"OIL OR GAS WELL DRILLING AND PRODUCTION
Section 1.0 Purpose.
The drilling and production of oil or gas within the corporate limits of the Town
necessitate reasonable regulations to prevent imminent destruction of property or injury
to persons and to make these activities conform to the Town's ordinances, zoning
ordinances, comprehensive plans and development regulations. This ordinance
implements reasonable regulations to protect the health, safety, and general welfare of the
public and to accomplish the orderly and practical development of mineral resources.
Section 1.1 Definitions.
All technical industry words or phrases related to the drilling and production of
oil or gas wells not specifically defined shall have the meanings customarily attributable
thereto by prudent operators in the oil and gas industry. For the purposes of this
Ordinance, the following definitions shall apply unless the context clearly indicates or
requires a different meaning:
Abandonment means "abandonment" as defined by the Railroad Commission and
includes the plugging of the well and restoration of the drill site as required by
this Ordinance.
Town means the Town of Westlake, Texas.
Drilling means any digging or boring of a new well, or exploration thereof, to
develop or produce oil or gas or to inject gas, water, or any other fluid or
substance into the earth. Drilling also means the re -entry of an abandoned well.
Drilling does not mean or include the re -entry of a well that has not been
abandoned
Drill Site means the area used for drilling, completing, or re- working a well.
Exploration means geologic or geophysical activities, including, but not limited to
surveying and seismic exploration, related to the search for oil, gas, or other
sub - surface hydrocarbons.
Fire Marshal means the Fire Marshal, or in the absence of a designated Fire
Marshall the Town Manager, of the Town of Westlake, Texas.
Fire Code means the Uniform Fire Code of the Town of Westlake, Texas, as
amended.
Gas means gas or natural gas, as such terms are used in the rules, regulations, or
forms of the Railroad Commission.
Oil or Gas Well means any well drilled for the production of oil or gas classified
as an oil or gas well under the Texas Natural Resources Code or the Railroad
Commission.
Oil or Gas Well Permit means an Oil or Gas Well Permit applied for and issued or
denied under this Ordinance authorizing the drilling, production, and operation of
one or more oil or gas wells.
Hazardous Materials Management Plan means the hazardous materials
management plan and hazardous materials inventory statements required by the
Fire Code.
New Well means a new well bore or new hole established at the ground surface
and shall not include the re- working of an existing well that has not been
abandoned, unless such a rework intends to extend to deeper zone, which would
require a new permit.
Oil means petroleum, mineral oil, motor oil or grease
Operation Site means the area used for development and production and all
related operational activities of oil or gas after drilling activities are complete.
Operator means, for each well, the person listed on the Railroad Commission of
Texas Form W -1 or Form P -4 for an oil or gas well.
Person includes both the singular and plural and means a natural person,
corporation, association, partnership, receiver, trustee, guardian, executor,
administrator, and a fiduciary or representative of any kind.
Petroleum Specialist means a person familiar with and educated in the oil and gas
industry who has been retained by the Town.
Railroad Commission means the Railroad Commission of Texas.
Structure means any building intended for shelter, occupancy, housing, or
enclosure for persons, animals, cattle, or storage.
Town Manager means the Town Manager of the Town of Westlake, Texas, or his
designee.
Unified Development Code means the Unified Development Code of the Town of
Westlake, Texas, as amended.
Well means a hole or bore to any horizon, formation, or strata for the purpose of
producing oil, gas, or other liquid hydrocarbons.
Section 1.2 Oil or Gas Well Drilling and Production by Specific Use Permit,
Application and Requirements.
(a) No person, acting for himself or acting as an agent, employee,
independent contractor, or servant for any person, shall engage in drilling
or production of an oil or gas well within the corporate limits of the Town
without approval of a Specific Use Permit as required by the Unified
Development Code.
(b) An application for a Specific Use Permit for the drilling and production of
an oil or gas well shall be filed by the person having legal authority. That
person is presumed to be the record owner, mineral owner, or the duly
authorized agent of either the record owner or the mineral owner. The
application shall be submitted to the Town Manager of the Town of
Westlake.
(c) No application for a Specific Use Permit shall be accepted for filing until
it is complete in its entirety and the fee established by the Board of
Aldermen of the Town has been paid. Incomplete applications shall be
returned less a fee for processing determined by the Town Manager.
Section 1.3 Standards for Oil or Gas Well Drilling and Production
(a) T he dr iling a nd p roduction o f a n o it o r g as w ell if a uthorized by t he
approval of a Specific Use Permit shall include, at a minimum, the
following standards:
(1) Compliance with the Site Plan/Development Plan requirement.
No drilling or production of an oil or gas well shall begin until an
Oil or Gas Well Development Site Plan has been approved by the
Town Manager and conforms to the Unified Development Code.
a. The property owner /applicant shall provide for adequate
public facilities, as determined by the Town Manager and
in accordance with Unified Development Code, including
water supply, access roads, drainage, erosion control and
other necessary supporting facilities identified on the Oil or
Gas Well Development Site Plan.
b. The design, location, and arrangement of all driveways and
parking spaces shall provide for the safe and convenient
movement of vehicular and pedestrian traffic without
adversely affecting the general public or adjacent
developments /properties.
C. Road Repair Agreement shall be prepared and filed with the
Town Manager.
d. If a Specific Use Permit is granted by the Board of Aldermen
of the Town, an Oil or Gas Well Drilling Permit shall be
applied for to the Fire Marshall.
e. An Oil or Gas Well Permit Fee of $2,500.00 shall be payable
to the Town at the time said permit is applied for.
(2) On -site requirements.
a. Oil or Gas wells shall be located a minimum of one hundred
feet (100') from all property lines or additional distance as
required by the Railroad Commission. A secured entrance
gate shall be required. Street lighting shall be allowed
pursuant to the Unified Development Code and the sign
identifying t he e ntrance t o t he dr ill s ite o r o peration s ite
shall be reflective and consistent with UDC standards.
b. Temporary Fences shall be required on drill sites during
initial drilling, completion, or re -work operations. Sites will
be posted with no trespassing signs. Upon completion of
initial drilling and Completion Permit issued by the
Railroad Commission, permanent fences with locks shall be
required.
C. Fences located on operation sites must remain locked at all
times.
d. No refining process, or any process fort he extraction of
products from oil or gas, shall be carried on at a drill site or
operation site, except that a dehydrator and separator may
be maintained on a drill site or operation site for the
separation of liquids from oil or gas. Any such dehydrator
or separator may serve more than one well.
e. Permanent weatherproof signs reading "DANGER NO
SMOKING ALLOWED" in a minimum of four inch (4 ")
lettering shall be posted at the entrance of each drill site
and operation site. The sign shall include the phone
number for emergency services (911), the number for the
operator, and the well designation required by the Railroad
Commission in four - inch (4 ") lettering.
f. No person shall place, deposit, or discharge (or cause or
permit to be placed, deposited, or discharged) any oil,
naphtha, petroleum, asphalt, tar, hydrocarbon substance, or
any refuse, including wastewater or brine, from any oil or
gas operation or the contents of any container used in
connection with any oil or gas operation in, into, or upon
any public right -of -way, storm drain, ditch or sewer,
sanitary drain or sewer, any body of water, or any private
property within the corporate limits of the Town.
g. All production equipment and fencing on an operation site
shall be painted and maintained at all times, including
pumping units, storage tanks. buildings, and structures.
Paint color shall be "environmental green" and is subject to
approval by the Town Manager or his designee.
h. All electric lines to production facilities shall be located in a
manner compatible to those already installed in the
surrounding areas or subdivision, and shall comply with the
Unified Development Code. Overhead temporary lines
may be installed upon approval by the Town Manager but
must be buried or removed at completion of well.
All fire suppression and prevention equipment required by
any applicable federal, state, or local ordinance shall be
provided by the operator, at the operator's cost, and
maintenance and upkeep of such equipment shall be the
responsibility of the operator.
j. No operator shall excavate or construct any lines for the
conveyance of fuel, water, or minerals on, under, or
through the streets or alleys or other land of the Town
without an easement or right -of -way permit from the Town.,
at a fee to be agreed upon, and then only in strict
compliance with this Ordinance, with other ordinances of
the Town, and with the specifications established by the
Town Manager.
k. The digging up, breaking, excavating, tunneling,
undermining, breaking up, or damaging of any public
street, trail or sidewalk or leaving upon any public street,
trail or sidewalk any earth or other material or obstruction,
is prohibited unless the operator has first obtained written
permission from the Town Manager, and then only in
compliance with specifications established by the Town. It
shall be the responsibility of the production company to
repair all damaged city property to its prior condition.
1. No Oil or Gas Well Permit shall be issued for any well to
be drilled within any of the rights -of -way, easements,
streets or alleys of the Town or proposed streets shown by
the Town of Westlake Thoroughfare Plan without the
approval of the Board of Alderman, and no street shall be
blocked or encumbered or closed due to any exploration,
drilling, or production activities unless prior consent is
obtained by the Town Manager, and then only on a
temporary basis.
M. All sites shall be screened upon completion with shrubbery
large enough to cover the height of the well head within 2
years. Reasonable berming may be required in addition to
foliage screening to provide a visual buffer of the well and
equipment.
(3) Operations and equipment practices and standards.
a. Adequate nuisance prevention measures shall be taken to
prevent or control offensive odor, fumes, dust, noise, and
vibration. Rigs must be of a type and technology to produce
minimal noise.
b. Directional lighting shall be provided for the safety of oil or
gas well drilling and production operations and shall be
provided so as to not disturb or adversely affect adjacent
properties. No light source shall be visible from any ground
mounted or pole mounted light. Rig lights shall be
directional and focused exclusively on the operational area
of the rig.
C. The operator shall at all times comply with the rules and
regulations of the Railroad Commission including but not
limited to all applicable Field Rules.
d. Internal combustion engines may be used in drilling
operations if they have mufflers that will reduce noise to
not more than ninety (90) decibels at any point three
hundred feet (300') from the boundary of the drill site or
operation site. Only electric motors shall be used for the
purpose of pumping oil or gas wells.
e. There shall be no venting of oil or gas into the open air
except as required to be allowed by the Railroad
Commission and as approved by the Fire Niarshal.
f. Vehicles, equipment, and machinery shall not be placed or
located on a drill site or operation site (or on any public
street, alley, driveway, or other public right -of -way) in such
a way as to constitute a fire hazard or to unreasonably
obstruct or interfere with fighting or controlling fires.
g. Only Light Sand Fracture Technology or technologies in
accordance with the Fire Code of the Town shall be used to
fracture stimulate a well.
h. Fracing operation shall be scheduled to occur during
daylight hours. Exceptions to this rule will be rare and
require the approval of the Town Manager only after it has
been determined that night time fracing will not disturb
residential areas.
i. Air, gas, or pneumatic drilling shall not be permitted.
(4) Storage tanks and separators.
a. An operator is allowed to construct, use, and operate such
storage equipment and separation equipment as shown on
the typical well site, typical drilling pad, and typical pad
site locations on the Oil or Gas Well Development Site
Plan approved by the Board of Aldermen in accordance
with all provisions of this ordinance.
b. The use of centralized tank batteries is permitted as shown
on the Oil or Well Development Site Plan.
C. No meters, storage tanks, separation facilities, or other
aboveground facilities shall be placed in the 100 -year
floodplain.
(5) plow lines and gathering lines.
a. Each operator shall place an identifying sign at each point
where a flow line or gathering line crosses wider a public
street or road.
b. Each operator shall place a warning sign for lines carrying
H2S ( Hydrogen S ulfide) g as a s r equired b y the R ailroad
Commission. If this oil or gas field is identified by the Rail
Road Commission as an H2S field, or sour gas, the
Operator may be required to cease operations.
C. All flow lines and gathering lines within the corporate
limits of the Town (excluding Town utility lines and
franchise distribution systems) that are used to transport oil,
gas, and/or water shall be limited to the maximum
allowable operating pressure applicable to the pipes
installed and shall be installed with at least the minimum
cover or backfill specified by the American National Safety
Institute Code, as amended.
d. Structures shall not be built over flow lines or gathering
lines.
(5) Additional safety and environmental requirements.
a. Drilling and production of oil or gas wells shall comply with
all federal, state, and local ordinances applicable to oil and
gas well drilling, production and operations. The drilling
and production of oil or gas and accessing the' oil or gas
well site shall be in compliance with all state and federal
environmental regulations.
b. Each well shall be equipped with an automated valve that
closes the well in the event of an abnormal change in
operating pressure. All wellheads shall contain an
emergency shut off valve to the well distribution line.
C. Each storage tank shall be equipped with a level control
device that will automatically activate a valve to close the
well in the event of excess liquid accumulation in the tank.
d. All storage tanks shall be equipped with a secondary
containment system including lining with an impervious
material. The secondary containment system shall be of a
sufficient height to contain one and one -half (1 %) times
the contents of the largest tank in accordance with the Fire
Code, and buried at least one -foot (1') below the surface.
Drip pots shall be provided at pump out connection to
contain the liquids from the storage tank.
e. Tank battery facilities shall be equipped with a remote foam
line utilizing 2.5" National Standard Hose Thread female
inlet connection in locations approved by the Fire
Marshall. An approved lightning arrestor system shall be
installed according to the most current edition of the
National Electrical Code.
f. A Hazardous Materials Management Plan shall be on file
with the Fire Marshal.
g. All wells shall be abandoned in accordance with the rules of
the Railroad Commission; however, all well casings shall
be cut and removed to a depth of at least ten feet (10')
below the surface unless the surface owner submits a
written agreement. In any event, three feet (3') shall be the
minimum depth.
h. No structures shall be built over an abandoned well.
No salt -water disposal wells or water injection shall be
located within the Town.
Lining the reserve pit shall be required.
k. Following the completion of the drilling operation or when
a drilling site is abandoned, the operator shall restore the
site to its pre - drilling condition.
(7) Supplemental drilling.
a. Supplemental drilling to re -work, deepen or directional drill
an existing well shall be conducted in accordance with the
conditions for the Specific Use Permit. The operator shall
provide the Fire Marshal a copy of additional Railroad
Commission permits that allow drilling to a deeper depth.
b. Supplemental drilling to re -work, deepen or directional drill
an existing well shall be conducted in accordance with the
approved Oil or Gas Well Permit for the well on file with
the Fire Marshal.
Section 1.4. Planning and Zoning Commission Recommendations for Specific
Use Permits
(a) An application for a Specific Use Permit shall be reviewed in accordance
with the Unified Development Code. The Planning and Zoning
Commission may make recommendations regarding any aspect of the
proposed oil or gas well development.
(b) In connection with the review of an application for a Specific Use Permit
for the drilling and production of oil or gas wells, the Town, at its sole
discretion, may hire a petroleum specialist to assist in reviewing the
application. If such a determination is made, the Fire Marshal will provide
the operator a written "scope of work" that the Town proposes for such
specialist. The Fire Marshal and the operator will attempt to agree upon
the "scope of work "; however, the decision of the Fire Marshal shall
control. If the specialist is required, the operator shall provide a retainer to
cover the costs and fees associated therewith. All work performed by the
specialist shall be itemized on a daily basis (including a description of the
work and the amount of time spent), and such itemization shall be
provided to the operator with each request for payment.
(c) The Board of Aldermen at the time of consideration of an application for
Specific Use Permit for the oil or gas well drilling and operation, has the
authority to establish additional guidelines criteria and standards. Any
guidelines in addition to these requirements stated herein shall be placed
in the ordinance approving the Specific Use Permit.
Section 1.5 Oil or Gas Well Permit Required
(a) Any person, acting for himself or acting as an agent, employee,
independent contractor, or servant for any person, shall not engage in the
drilling and production of oil or gas wells within the corporate limits of
the Town without first obtaining an Oil or Gas Well Permit in accordance
with the provisions of this Ordinance. An operator may apply for, and
obtain, a separate permit covering each well or a "blanket" permit
covering multiple wells.
(b) When an Oil or Gas Well Permit has been issued, the permit shall
constitute authority for drilling, operation, production, gathering of
production, maintenance, repair, re- working, testing, site preparation
consisting of rigs or tank batteries, plugging and abandonment, and any
other activity authorized by this Ordinance associated with drilling or
production by the operator and their respective employees, agents, and
contractors. An Oil or Gas Well Permit shall also constitute authority for
the construction and use of all facilities reasonably necessary or
convenient in connection therewith, including gathering lines and
discharge lines, by the operator and its respective employees, agents,
contractors and subcontractors.
(c) An Oil or Gas Well Permit shall be required for exploration for oil or gas.
A notice to proceed issued by the Fire Marshal is required prior to
commencing any exploration activity. Exploration of oil or gas means
geologic or geophysical activities, including, but not limited to surveying
and seismic exploration, related to the search for oil, gas, or other sub -
surface hydrocarbons.
(d) Any well that is located on property that has been annexed into the Town
shall be required to meet the requirements of this Ordinance and the
operator shall apply for an Oil or Gas Well Permit on the effective date of
the annexation.
(e) Re -entry and drilling of an abandoned well shall require a new Oil or Gas
Well Permit.
(P) Applications for Oil or Gas Well Permits shall be in writing, shall be
signed by the Operator, shall include the application fee, and shall include
a copy of the applicable Specific Use Permit Ordinance and Site Plan.
Section 1.6 Insurance and Indemnification.
The operator shall provide or cause to be provided the insurance described below
for each well for which an Oil or Gas Well Permit is issued, such insurance to continue
until the well is abandoned and the site restored. The operator may provide the required
coverage on a "blanket basis for multiple wells ". The Town Manager shall approve such
coverage.
(a) General Requirements. Indemnification and Express Negligence
Provisions
(1) Each Oil or Gas Well Permit issued by the Town shall include the
following language: Operator does hereby expressly release and
discharge, all claims, demands, actions, judgments, and executions
which it ever had, or now have or may have, or assigns may have,
or claim to have, against the Town of Westlake, and/or its
departments, it agents, officers, attorneys, servants, successors,
assigns, sponsors, volunteers, or employees, created by, or arising
out of personal injuries, known or unknown, and injuries to
property, real or personal, or in any way incidental to or in
connection with the performance of the work performed by the
operator under an Oil or Gas Well Permit and the operator caused
by or arising out of, that sequence of events which occur from the
operator under the Oil or Gas Well Permit and work performed by
the operator shall fully defend, protect, indemnify, and hold
harmless the Town, its elected and appointed officials, and/or its
departments, agents, officers, servants, attorneys, employees,
successors, assigns, sponsors, or volunteers from and against each
and every claim, demand, or cause of action and any and all
liability, damages, obligations, judgments, losses, fines, penalties,
costs, fees, and expenses incurred in defense of the Town, its
elected and appointed officials, and/or its departments, agents,
officers, servants, or employees, including, without limitation,
personal injuries and death in connection therewith which may be
made or asserted by Operator, its agents, assigns, or any third
parties on account of, arising out of, or in any way incidental to or
in connection with the performance of the work performed by the
Operator under an Oil or Gas Well Permit and, the Operator agrees
to indemnify and hold harmless the Town and/or its departments,
and/or its officers, agents, servants, attorneys, employees,
successors, assigns, sponsors, or volunteers from any liabilities or
damages suffered as a result of claims, demands, costs, or
judgments a gainst t he T own, it s e lected and appointed o fficials,
and/or, its departments, its officers, agents, servants, or employees,
created by, or arising out of the acts or omissions of the Town of
Westlake occurring on the drill site or operation site in the course
and scope of inspecting and permitting the oil or gas wells
INCLUDING, BUT NOT LIMITED TO, CLAIMS AND
DAMAGES AR ISING IN W HOLE 0 R IN P ART F ROM T HE
SOLE NEGLIGENCE OF THE TOWN OF WESTLAKE
OCCURRING ON THE DRILL SITE OR OPERATION SITE IN
THE COURSE AND SCOPE OF INSPECTING AND
PERMITTING THE OIL OR GAS WELLS. IT IS
UNDERSTOOD AND AGREED THAT THE INDEMNITY
PROVIDED FOR IN THIS SECTION IS AN INDEMNITY
EXTENDED BY THE OPERATOR TO INDEMNIFY AND
PROTECT THE TOWN OF WESTLAKE, TEXAS, ITS
ELECTED AND APOINTED OFFICIALS, AND /OR ITS
DEPARTMENTS, AGENTS, OFFICERS, SERVANTS,
ATTORNEYS, OR EMPLOYEES FROM THE
CONSEQUENCES OF THE NEGLIGENCE OF THE TOWN OF
WESTLAKE, TEXAS AND /OR ITS DEPARTMENTS,
AGENTS, OFFICERS, SERVANTS, ATTORNEYS, OR
EMPLOYEES, WHETHER THAT NEGLIGENCE IS THE SOLE
OR CONTRIBUTING CAUSE OF THE RESULTANT INJURY,
DEATH, AND /OR DAMAGE. LIABILITY FOR THE SOLE
NEGLIGENCE OF THE TOWN IN THE COURSE AND SCOPE
OF ITS DUTY TO INSPECT AND PERMIT THE OIL OR GAS
WELL IS LIMITED TO THE MAXIMUM AMOUNT OF
RECOVERY UNDER THE TORT CLAIMS ACT.
(2) All insurance policies shall be endorsed to read "this policy will
not be canceled or non - renewed without thirty (30) days advanced
written notice to the owner and the Town except when this policy
is being cancelled for nonpayment of premium, in which case ten
(10) days advance written notice is required ".
(3) Liability policies shall be written by carriers licensed to do
business in the State of Texas and with companies with A: VIII or
better rating in accordance with the current Best Key Rating
Guide, or with non - admitted carriers that have a financial rating
comparable to carriers licensed to do business in Texas and
approved by the Town.
(4) Liability policies shall name as "Additional Insured" the Town of
Westlake and its officials, agents and employees.
(5) Certificates of insurance must be presented to the Town evidencing
all coverage's and endorsements required by this Ordinance and
the acceptance of a certificate without the required limits and/or
coverage's shall not be deemed a waiver of these requirements.
(6) Claims made policies will not be accepted except for excess
policies or unless otherwise provided by this Ordinance.
(b) Required Insurance Coverage's.
(1) Commercial General Liability Insurance.
(a) Coverage should be a minimum Combined Single Limit of
$1,000,000.00 per occurrence for Bodily Injury and
Property Damage. This coverage must include premises,
operations, blowout or explosion products completed
operations, blanket contractual liability, underground
property damage broad form property damage, independent
contractor's protective liability and personal injury
(b) Environmental Impairment (or Seepage and Pollution)
shall be either included in the coverage or written as
separate coverage. Such coverage shall not exclude
damage to the lease site. If Environmental Impairment (or
Seepage and Pollution) Coverage is written on a "claims
made" basis, the policy must provide that any retroactive
date applicable precedes the effective date of the issuance
of the permit. Coverage shall apply to sudden and non -
sudden pollution conditions resulting from the escape or
release of smoke, vapors, fumes, acids, alkalis, toxic
chemicals, liquids, or gases, waste material or other
irritants, contaminants or pollutants. Coverage shall be a
minimum combined single limit of $1,000,000.00 per
occurrence.
(2) Automobile Liability Insurance.
Minimum Combined Single Limit of $500,000.00 per occurrence
for Bodily Injury and Property Damage. Such coverage shall
include owned, non - owned, and hired vehicles.
(3) Worker's Compensation Insurance.
In addition to the minimum statutory requirements, coverage shall
include Employer's Liability limits of at least $100,000.00 for each
accident, $100,000.00 for each employee, and a $500,000.00
policy limit for occupational disease, and the insurer agrees to
waive rights of subrogation against the Town, its officials, agents,
and employees for any work performed for the Town by the
operator.
(4) Excess (or Umbrella) Liability Insurance. Minimum limit of
$10,000,000.00 covering in excess of the. preceding insurance
policies.
(5) Control of Well Insurance.
(a) Minimum limit of $5,000,000.00 per occurrence.
(b) Policy shall cover the Cost of controlling a well that is out
of control, Redrilling or Restoration expenses, and Seepage
and Pollution Damage. Damage to Property in the
Operator's Care, Custody, and Control with a sub -limit of
$500,000.00 may be added.
Section 1.7 Surety.
(a) A security instrument that covers each well must be delivered to the Town
Manager before the issuance of the Oil or Gas Well Permit for the well.
The instrument must provide that it cannot be cancelled without at least
thirty (30) days prior written notice to the Town and, if the instrument is a
performance bond, that the bond cannot be cancelled without at least ten
(10) days prior written notice for non - payment of premium. The
instrument shall secure the obligations of the operator related to the well
to:
(1) Repair damage, excluding ordinary wear and tear, if any, to public
streets and other public infrastructure, including but not limited to
bridges, caused by the operator or by the operator's employees,
agents, contractors, subcontractors or representatives in the
performance of any activity authorized by or contemplated by the
Oil or Gas Well Permit;
(2) Comply with the insurance and security provisions set forth in this
Ordinance; and
(3) Pay fines and penalties imposed upon the operator by the Town
for any breach of the Oil or Gas Well Permit.
(b) The security instrument may be in the form of an irrevocable letter of
credit or payment bond issued by a bank or surety approved by the Town.
The instrument shall run to the Town for the benefit of the Town, shall
become effective on or before the date the Oil or Gas Well Permit is
issued, and shall remain in effect until the well is abandoned and.. the site
restored.
(c) A certificate of deposit may be substituted for the letter of credit or
payment bond. The certificate shall be issued by a bank in Tarrant
County, Texas, shall be approved by the Town, shall be payable to the
order of the Town to secure the obligations of the operator described
above, and shall be pledged to the bank with evidence of delivery
provided to the Town Manager. Interest on the certificate shall be payable
to the operator.
(d) The security instrument shall be provided for individual wells. The
amount of the security shall be a minimum of $50,000.00 for any single
well.
(e) The security will terminate when the Oil or Gas Well Permit is transferred,
with respect to the operator - transferor and if the operator - transferee
provides replacement security that complies with this section, when the
well is abandoned and the site restored, or when the Town Manager
consents in writing to such terrnination.
(f) An appeal of the determination of the amount of security required under
this Ordinance may be made to the Board of Aldermen for final
determination of the amount.
Section 1.8 Review of Applications For Oil or Gas Well Permit.
(a) All applications for Oil or Gas Well Permits shall be filed with the Town
Manager following the approval of a Specific Use Permit by the Board of
Aldermen. Incomplete applications shall be returned to the applicant, in
which case the Town Manager shall provide a written explanation of the
deficiencies if requested by the applicant. The Town shall retain a
processing fee of $250.00.
(b) The Town Marshall may issue the Oil or Gas Well Permit after receiving
the DRC report within ten (10) days unless he determines that the
application is incomplete or that the application is not in conformance
with t he a pplicable 0 it or Ga s W ell D evelopment P Ian o r t he P Tanned
Development Zoning District. The Town may employ a petroleum
specialist to assist in reviewing the application. All communications
regarding the permit shall be directed to the Fire Marshal.
(c) The Town Manager may condition the release of the approved Oil or Gas
Well Permit upon the operator providing the security required by this
Ordinance and upon the operator entering into a Road Repair Agreement
that will obligate the operator to repair damage excluding ordinary wear
and t ear, if any, t o p ublic s treets, inc luding b ut no t 1 imited t o, b ridges
caused by the operator or by the operator's employees, agents, contractors,
subcontractors or representatives in the performance of any activity
authorized by or contemplated by the approved Oil or Gas Well Permit.
(d) The failure of the Town Manager to review and issue an Oil or Gas Well
Permit within the time limits specified above shall not cause the
application for the permit to be deemed approved.
(e) Each Oil or Gas Well Permit issued by the Town shall:
(1) Identify the name of each well and its operator;
(2) Specify the date on which the Town issued each permit;
(3) Specify the date by which drilling must commence on at least one
(1) well covered by the permit otherwise the permit expires (such
date shall not be less than one (1) year after the date of issuance).
A one (1) year extension of time may be granted if existing
conditions are the same and an application for extension is made to
the Fire Marshal prior to expiration of initial permit;
(4) Specify that if drilling is commenced on at least one (1) well
covered by the permit before the permit expires, the permit shall
continue until the wells covered by the permit are abandoned and
the site restored;
(5) Incorporate, by reference, the insurance and security requirements
set forth in this ordinance;
(6) Incorporate, by reference, the requirement for periodic reports;
(7) Incorporate the full text of the release of liability provisions;
(8) Incorporate, by reference, the conditions of the applicable
Development Plan, and Specific Use Permit;
(9) Incorporate, by reference, the information contained in the permit
application;
(10) Incorporate, by reference, the applicable rules, and regulations of
the Railroad Commission, including the applicable "field rules ";
(11) Specify that no drilling operations (including the construction of
internal p rivate a ccess r oads) s hall c ommence u ntil t he o perator
has provided the security required by this Ordinance;
(12) Contain the name, address, and phone number of the person
designated to receive notices from the Town, which person must
be a resident of Texas that can be served in person or by registered
or certified mail; and
(13) Incorporate, by reference, all permits and fees required by the
Town.
(f) The decision of the Town to deny an application for an Oil or Gas Well
Permit shall be provided to the operator in writing within ten (10) days
after the decision, or as soon as reasonably practical, including an
explanation of the basis for the decision, if requested by the operator. The
operator may appeal any such denial to the Town Manager. The decision
of the Town Manager is final and may not be appealed to another board or
person in the Town.
(g) If an application for an Oil or Gas Well Permit is denied by the Town,
nothing herein contained shall prevent a new permit application from
being submitted to the Town for the same well.
Section 1.9 Reports.
(a) The operator shall notify the Town in writing of any changes to the
following information immediately, within one (1) business day after the
change occurs.
(1) The name, address, and phone number of the operator;
(2) The name, address, and 24 -hour phone number of the person(s)
with supervisory authority over drilling or operations activities;
(3) The name, address, and phone number of the person designated to
receive notices from the Town, which person must be a resident
of Texas that can be served in person or by registered or certified
mail, and
(4) The operator's Emergency Action Response Plan including "drive -
to -maps" from public rights -of -way to each drill site.
(b) The operator shall provide a copy of any "incident reports" or written
complaints submitted to the Railroad Commission or any other state or
federal agency, to the Fire Marshal, within thirty (30) days after the
operator has notice of the existence of such reports or complaints.
(c) Beginning on December 31st after each well is completed, and continuing
on each December 31 st thereafter until the operator notifies the Town that
the well has been abandoned and the site restored, the operator shall
prepare a written report to the Town identifying any changes to the
information that was included in the application for the applicable Oil or
Gas Well Permit that have not been previously reported to the Town.
(d) All reports, notifications, and inquiries regarding an Oil or Gas Well
Permit shall be directed to the Town Manager.
Section 1.10 Notice of Activities.
Any person who intends to re -work a well using a drilling rig, to fracture
stimulate a well after initial completion, or to conduct seismic exploration involving
explosive charges shall give written notice to the Town at least ten (10) working days
before the activities begin. The notice shall identify where the activities will be
conducted and shall describe the activities in reasonable detail, including but not limited
to the duration of the activities and the time of day they will be conducted. The notice
must also provide the address and 24 -hour phone number of the person conducting the
activities. The person conducting the activities will post a sign on the property giving the
public notice of the activities, including the name, address, and 24 -hour phone number of
the person conducting the activities. If the Town determines that an inspection by the
Fire Marshal is necessary, the operator will pay the Town's charge for the inspection.
Section 1.11 Amended Oil and Gas Well Permits.
(a) An operator may submit an application to the Town to amend an existing
Oil or Gas Well Permit to commence drilling from a new drill site that is
not shown on (or incorporated by reference as part of) the existing permit,
to relocate a drill site or operation site that is shown on (or incorporated by
reference as part of) the existing permit, or to otherwise amend the
existing permit.
(b) Applications for amended Oil or Gas Well Permits shall be in writing,
shall be on forms provided by the Fire Marshal and shall be signed by the
operator, and shall include the following:
(1) The application amendment fee in the amount of $500.00;
(2) A description of the proposed amendments;
(3) Any changes to the information submitted with the application for
the existing Oil or Gas Well Permit (if such information has not
previously been provided to the Town);
(4) Such additional information as is reasonably required by the Fire
Marshal to demonstrate compliance with the applicable
Development Plan, and applicable Specific Use Permit; and
(5) Such additional information as is reasonably required by the Fire
Marshal to prevent imminent destruction of property or injury to
persons.
(c) All applications for amended Oil or Gas Well Permits shall be filed with
the Fire Marshal. Incomplete applications may be returned to the
applicant, in which case the Fire Marshal shall provide a written
explanation of the deficiencies; however, the Town may retain the
application fee. The Fire Marshal may return any application as
incomplete if there is a dispute pending before the Railroad Commission
regarding the determination of the operator.
(d) If the activities proposed by the amendment are not materially different
from the activities covered by the existing Oil or Gas Well Permit, and if
the proposed activities are in conformance with the applicable
Development Site Plan and Specific Use Permit, then the Town shall
approve the amendment within ten (10) working days after the application
is filed.
(e) If the activities proposed by the amendment are materially different from
the activities covered by the existing Oil or Gas Well Permit, and if the
proposed activities are in conformance with the applicable Development
Site Plan and Specific Use Permit, then the Town shall approve the
amendment within thirty (30) days after the application is filed. If,
however, the activities proposed by the amendment are materially
different, and in the judgment of the Fire Marshal, might create a risk of
imminent destruction of property or injury to persons that was not
associated with the activities covered by the existing permit or that was
not otherwise taken into consideration by the existing permit, the Fire
Marshal may require the amendment to be processed as a new Oil or Gas
Well Permit application.
(f) The failure of the Town to review and issue an amended Oil or Gas Well
Permit within the time limits specified. above shall not cause the
application for the amended permit to be deemed approved.
(g) The decision of the Town to deny an amendment to an Oil or Gas Well
Permit shall be provided to the operator in writing within ten (l 0) working
days after the decision, or as soon as reasonably practical, including an
explanation of the basis for the decision. The operator may appeal any
such denial to the Town Manager whose decision shall be final.
Section 1.12 Transfer of Oil or Gas Well Permits.
An Oil or Gas Well Permit may be transferred by the operator with the consent of
the Town and shall be presented to the Fire Marshal in writing prior to the transfer. All
requirements for insurance and security are applicable to the new owner /operator. Any
transfer is subject to delivery of all certificates of New Transferee Operator.
Section 1.13 Remedies of The Town.
(a) If an operator fails to comply with any requirement of an Oil or Gas Well
Permit (including any requirement incorporated by reference as part of the
permit), the Town shall give written notice to the operator specifying the
nature of the alleged failure and giving the operator a reasonable time to
cure, taking into consideration the nature and extent of the alleged failure,
the extent of the efforts required to cure, and the potential impact on the
health, safety, and welfare of the community. In no event, however, shall
the cure period be less than thirty (30) days unless the alleged failure
presents a risk of imminent destruction of property or injury to persons or
unless the alleged failure involves the operator's failure to provide
periodic reports. The Fire Marshal may issue a Stop Work Order under
the Fire Code.
(b) If the operator does not cure the alleged failure within the time specified
by the Town, the Fire Marshal may notify the Railroad Commission and
request that the Railroad Commission take appropriate action (with a copy
of such notice provided to the operator), and the Town may pursue any
other remedy available under this Ordinance.
(c) If the operator does not cure the alleged failure within the time specified
by the Town, the Town Manager may:
(1) Recommend to the Board of Aldermen that the Oil or Gas Well
Permit be suspended until the alleged failure is cured; or
(2) If the operator fails to initiate and diligently pursue a cure
recommended to the Board of Aldermen that the Oil or Gas Well
Permit be revoked.
(d) The decision of the Town Manager to recommend suspension or
revocation of an Oil or Gas Well Permit shall be provided to the operator
in writing at least ten (10) days before any action by the Board of
Aldermen.
(e) If a n Oil o r Ga. s W ell P ermit is revoked, t he o perator in ay s ubmit a n
application for a new Oil or Gas Well Permit for the same well.
Section 1.14 Enforcement, Right of Entry.
The Town Manager is authorized and directed to enforce this Ordinance and the
provisions of any Oil or Gas Well Permit. Whenever necessary to enforce any provision
of this Ordinance or an Oil or Gas Well Permit, or whenever there is reasonable cause to
believe there has been a violation of this Ordinance or an Oil or Gas Well Permit, the
Town Manager, or his designated representative, may enter upon any property covered by
this Ordinance or an Oil or Gas Well Permit at any reasonable time to inspect or perform
any duty imposed by this Ordinance. If entry is refused, the Town shall have recourse to
every remedy provided by law and equity to gain entry.
Section 1.15 Penalty.
(a) It shall be unlawful and an offense for any person to do the following:
(1) Engage in any activity not permitted by the terms of an Oil or Gas
Well Permit issued under this Article;
(2) Fail to comply with any conditions set forth in an Oil or Gas Well
Permit issued under this Ordinance; or
(3) Violate any provision or requirement set forth under this
Ordinance.
(b) Any violation of this Ordinance shall be punished by a fine of not more
than Two Thousand Dollars ($2,000.00) per day. Each day a violation
occurs constitutes a separate violation.
SECTION 3: All rights and remedies of the Town of Westlake, Texas, are
expressly saved a s to any and a 11 violations of the provisions of any o Cher ordinance
affecting oil or gas drilling and production which existed at the time of the effective date
of this Ordinance; and, as to such accrued violations and all pending litigation, both civil
and criminal, whether pending in court or not, under such ordinances, the same shall not
be affected by this Ordinance but may be prosecuted until final disposition by the courts.
SECTION 4: It is hereby declared the intention of the Board of Aldermen that if
any section, paragraph, sentence, clause, or phrase of this Ordinance is declared
unconstitutional o r o therwise it legal b y t he v alid j udgment o r d ecree o f a ny c ourt o f
competent jurisdiction, such event shall not affect any of the remaining phrases, clauses,
sentences, paragraphs, and sections of this, since the same would have been enacted by
the Board of Aldermen without such unconstitutional or illegal phrase, clause, sentence,
paragraph, or section.
SECTION 5: This Ordinance shall be cumulative of all provisions of ordinances
of the Town except where the provisions of this Ordinance are in direct conflict with the
provisions of such ordinances, in which event the conflicting provisions of such
ordinances are hereby repealed.
SECTION 6: This Ordinance shall become effective from the date of its passage,
and the Town Secretary is hereby directed to cause the caption of this Ordinance to be
published in accordance with applicable law.
PASSED AND APPROVED ON THIS THE 24TH DAY OF MAY 2004.
ATTEST:
G ger rosswy, Town cretary
Approved Legality:
L. ton Lo orney
i
S'cott Bracifey Mayor /
Trent Petty, Town ager
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
Subject: Regular meeting of September 24, 2007
Date: September 19, 2007
ITEM
Conduct a Public Hearing and take appropriate action regarding an application for a
specific use permit for a private water well to be located at 2252 King Fisher Drive in the
Vaquero Addition — Phase 2, Lot 1, Block B.
RECOMMENDATIONS
Staff recommends approval.
BACKGROUND
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 public water supply, 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. 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 same rule of capture with respect to both its water
and petroleum resources. That rule can be best 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 a 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, the Planning and Zoning
Commission and the Board should limit their review to the compatibility of the proposed
use with the surrounding properties and uses.
In summary, the SUP application filed by Structures Design for homeowner Clif Cox for
2252 King Fisher Drive 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. In light of the location of the subject
water well, and its limited potential impact on surrounding properties and uses, staff
recommends approval with the condition that the well head be placed outside of any
easements and meets the requirements of the Vaquero HOA.
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Trent Petty, Town Manager
David McCarver, Town Engineer
Subject: Regular meeting of September 24, 2007
Date: September 19, 2007
ITEM
Consider an application and take appropriate action regarding a preliminary plat, being
approximately 3.648 acres of land at 1475 Dove Road; described as the Stanton Addition;
C.M. Throop Survey, Abstract No. 1510, Tract 5A & 5AOIA, Tarrant County, Texas.
BACKGROUND
Westlake resident Mike Stanton and Max Cannon from Chateau Homebuilders requesting
a pre - submittal meeting concerning the 3.648 acres of land located immediately west of
the Southlake /Westlake city limit and south of Dove Road. The request was to plat the 3
acres separately as the following: Lot 1 with 1.227 acres containing an existing home
and barn, Lot 2 with 1 acre to be used for residential development, and Lot 3 to also be
used for residential development. The east side of Lot 3 will border a .062 acre of land to
be dedicated to the Town of Westlake by the plat as floodway. Lot 3 has been verified to
be outside the 100 yr floodplain and the required dedication of ROW on Dove Rd. has
been verified.
The preliminary plat is attached for your review and has been reviewed by Staff for
compliance to all R -1 zoning requirements.
RECOMMENDATION
Staff recommends that the preliminary plat be approved.