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Home My WebLink About01-31-11 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Workshop but not prior to the 7:00 p.m. posted start time. Page 1 of 2 Mission Statement TOWN OF WESTLAKE, TEXAS On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our rich culture and urban location. Westlake, Texas – A Premier Knowledge Based Community TOWN COUNCIL SPECIAL MEETING AGENDA January 31, 2011 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Special Session 7:00 p.m. Special Session 1. CALL TO ORDER 2. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Pursuant to Texas Government Code Section 551.071(2) to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Rules of Disciplinary Rules of Professional Page 2 of 2 Conduct of the State Bar of Texas clearly conflicts with this chapter: gas well drilling rules and procedures. 3. RECONVENE MEETING 4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 5. PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 654, FOR A GAS WELL PAD SITE SPECIFIC USE PERMIT FOR PROPERTY LOCATED IN THE PD- 1 ZONING DISTRICT OWNED BY MAGUIRE PARTNERS-SOLANA LTD., LOT 1R1, BLOCK 2, WESTLAKE/SOUTHLAKE PARK #1, REFERRED TO AS MAGUIRE PAD B GENERALLY LOCATED AT 1850 SAM SCHOOL ROAD. 6. CONSIDERATION AND DISCUSSION OF ORDINANCE 655, AMENDING ORDINANCE 653 CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 14, 2011. 7. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, January 26, 2011, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ 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. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Pursuant to Texas Government Code Section 551.071(2) to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Rules of Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: gas well drilling rules and procedures. Town of Westlake Item # 2 – Executive Session Town of Westlake Item # 3 – Reconvene Meeting TAKE ANY ACTION FROM EXECUTIVE SESSION, IF NECESSARY EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Pursuant to Texas Government Code Section 551.071(2) to consult with the Town Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Rules of Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: gas well drilling rules and procedures. Town of Westlake Item # 4 – Take any Necessary Action, if necessary Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Eddie Edwards, Director of Planning and Development Subject: Special Called Meeting of January 31, 2011 Date: January 24, 2011 Conduct a Public Hearing and consider a request for approval of a Specific Use Permit (SUP) for a Gas Well Pad Site (GWPS). Range Resources Pad B, 1850 Sam School Road. ITEM VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas:  Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Sensitivity to neighborhood integrity o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation  We are Leaders o Environmental stewardship initiatives o High quality services delivery coupled with financial stewardships o Infrastructure maintenance and planning The applicant desires to drill a series of wells to access the gas under the subject property and the properties nearby. A Specific Use Permit authorizing and setting specific requirements for a Gas Well Pad Site is a prerequisite to obtaining a Gas Well Pad Site Permit. A Gas Well Pad Site must be permitted, established, inspected and approved prior to the issuance of a Gas Well Permit. A Gas Well Permit is required prior to drilling a gas well. This GWPS SUP is the first regulatory step in the drilling and production processes in the Town of Westlake. BACKGROUND Funding for the regulation, inspection, and monitoring of gas drilling and delivery operations are covered entirely by fees charged to the Operator of the Gas Well Pad Site. FUNDING Staff recommends approval of the SUP subject to the conditions and recommendations contained in the Staff Report. RECOMMENDATION Ordinance ATTACHMENTS: Staff Report SUP and GWPS application (will be provided under separate cover) SHEET NO. FILE PATH: SHEET CONTENT PHONE: 817-562-3350 KELLER, TX 76244 SUITE 185 5751 KROGER DRIVE NORTH OF 0 300’ GRAPHIC SCALE 600’900’ APPLICANT/OPERATOR: RANGE PRODUCTION COMPANY FORT WORTH, TX 76102 PHONE: (817)869-4140 FAX:(817)869-1440 100 THROCKMORTON STREET, STE. 1200 TEXAS FIRM NO. 12207 ’B’ UNIT PAD MAGUIRE PREPARED BY: SURFACE PROPERTY OWNER: TOWN OF WESTLAKE, TEXAS SUP APPLICATION DECEMBER 2010 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS T. MANN SURVEY, ABSTRACT NO A-1107 5.173 ACRES OUT OF THE PROJECT NO: 10-RNG008-MAGUIRE SOUTH G:\Job -RNG008-Maguire South DRAWN BY: CMF REVIEWED BY: SOK OF THE WESTLAKE CODE OF ORDINANCES. "GAS WELLS" ARTICLE II "DRILLING AND PRODUCTION" TECHNICAL REQUIREMENTS OF CHAPTER 56 ORDINANCES FOR SUP FOR GAS WELL PADS AND SITE WILL COMPLY WITH ALL TOWN ZONING OPERATOR WILL ENSURE THAT THIS GAS WELL PAD DATE: 12/28/10 FAX: (817) 430-8750 PHONE: (817) 961-6630 WESTLAKE, TEXAS 76262 9 VILLAGE CIRCLE, SUITE 500 CONTACT: TOM ALLEN, PRESIDENT SOLANA LIMITED PARTNERSHIP MAGUIRE PARTNERS- REV: 01/18/11 1850 SAM SCHOOL ROAD S O U T H L A K E CIT Y LI MIT 1 1 LEGEND LOCATION PAD ACCESS DRIVE PROPOSED TEXAS 114 TEXAS 114 S AM S C HO O LRD PLAN MANAGEMENT TRAFFIC SUP- EXHIBIT ’A’ ENTERING SITE ACCESS / ROUTING- EXITING SITE ACCESS / ROUTING- LOCATION PROPOSED PAD SITE W . KIRKW OOD BLVD. SOLANA BLVD./ TOWN OF WESTLAKE STAFF. 3. ACCESS ROUTES WILL BE REVIEW ANNUALLY BY ARE USED TO ACCESS THE SITE. BLVD AND 0.38 LANE MILES OF SAM SCHOOL ROAD 2. 0.22 LANE MILES OF SOLANA BLVD./ W. KIRKWOOD 1. STATE HIGHWAY 114 IS MAINTAINED BY TXDOT. TRANSPORTATION ROUTE NOTES: SOUTHLAKE CITY LIMIT TOWN OF WESTLAKE LIMIT T O W N OF W ES TL A K E LI MIT SHEET NO. FILE PATH: SHEET CONTENT PHONE: 817-562-3350 KELLER, TX 76244 SUITE 185 5751 KROGER DRIVE NORTH OF APPLICANT/OPERATOR: RANGE PRODUCTION COMPANY FORT WORTH, TX 76102 PHONE: (817)869-4140 FAX:(817)869-1440 100 THROCKMORTON STREET, STE. 1200 TEXAS FIRM NO. 12207 ’B’ UNIT PAD MAGUIRE PREPARED BY: SURFACE PROPERTY OWNER: TOWN OF WESTLAKE, TEXAS SUP APPLICATION DECEMBER 2010 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS T. MANN SURVEY, ABSTRACT NO A-1107 5.173 ACRES OUT OF THE PROJECT NO: 10-RNG008-MAGUIRE SOUTH G:\Job -RNG008-Maguire South DRAWN BY: CMF REVIEWED BY: SOK OF THE WESTLAKE CODE OF ORDINANCES. "GAS WELLS" ARTICLE II "DRILLING AND PRODUCTION" TECHNICAL REQUIREMENTS OF CHAPTER 56 ORDINANCES FOR SUP FOR GAS WELL PADS AND SITE WILL COMPLY WITH ALL TOWN ZONING OPERATOR WILL ENSURE THAT THIS GAS WELL PAD DATE: 12/28/10 FAX: (817) 430-8750 PHONE: (817) 961-6630 WESTLAKE, TEXAS 76262 9 VILLAGE CIRCLE, SUITE 500 CONTACT: TOM ALLEN, PRESIDENT SOLANA LIMITED PARTNERSHIP MAGUIRE PARTNERS- REV: 01/18/11 1850 SAM SCHOOL ROAD Town of Westlake Surface Property Owner: Boy Scouts of America Surface Property Owner: Joe Williams Williams, Mark & Surface Property Owner: HOA of Terra Bella, Inc. Surface Property Owner: Limited Partnership Maguire Partners- Solana Surface Property Owner: Limited Partnership Maguire Partners- Solana Surface Property Owner: Maguire Partners- Solana Land, L.P. Surface Property Owner: Maguire Partners- Solana Land, L.P. Surface Property Owner: Land, L.P. Maguire Partners- Solana Surface Property Owner: Maguire Partners- Solana Land, L.P. Surface Property Owner: Maguire Partners- Solana Land, L.P. Surface Property Owner: Maguire Partners- Solana Land, L.P. Surface Property Owner: Solana Land, L.P. Maguire Partners- Surface Property Owner:Solana Land, L.P. Maguire Partners- Owner: Surface Property Limited Partnership Maguire Partners- Solana Surface Property Owner: Limited Partnership Maguire Partners- Solana Surface Property Owner: Maguire Partners- Southlake Land L.P. Surface Property Owner: S O U T H L A K E CIT Y LI MIT 1000’ R A D I U S 1 0 0 0 ’ R A D IU S 1 0 0 0 ’ R A D IU S SITE LOCATION PROPOSED PAD SAM SCHOOL RD 0 150’300’450’ GRAPHIC SCALE USES PROTECTED STRUCTURES & EXHIBIT ’B’ STRUCTURES EXISTING LEGEND 1 1 TEXAS 114 TEXAS 114 RESIDENCE NEAREST 165’ 1437’ 300’ 380’278’ 75’ PROPOSED DRILL ZONE PROPOSED ACCESS DRIVE PROPOSED DRILL PAD USE COMMERCIAL EXISTING COMMERCIAL USE EXISTING BRANCH KIRKW OOD (VARIABLE WIDTH) LANDSCAPE BUFFER 60’ T O W N OF W ES TL A K E LI MIT W. KIRKWOOD BLVD. SOLANA BLVD./ 1 0 0 0 ’ R A D IU S 1001’ 893’ 806’ 1000’ FROM PAD LIMITS TOWN OF WESTLAKE LIMIT SOUTHLAKE CITY LIMIT (5.173 AC.) SUP BOUNDARY (2.617 AC.) PROPOSED DRILL PAD (3.986 AC.) -WITH GRADING 3 8 6 5 211 4 1 9 12 7 10 SHEET NO. 1 OF 2 DATE: JANUARY 2011 SOURCE: TAD (2010) 1 inch = 400 feet Legend Town/City Limit 2010 TAD Parcels 1,000 Foot Buffer of Drill Zone Drill Zone Pad Boundary Access Drive NORTH 0 400200Feet RANGE PRODUCTION COMPNAY100 THROCKMORTON STREET, STE. 1200FORT WORTH, TX 76102PHONE: (817)869-4140FAX: (817)869-1440 PROPERTY OWNERS WITHIN 1,000 FEET OF DRILL ZONE APPLICANT/OPERATOR:MAGUIRE'B' UNIT PAD GAS WELL PAD SITE PERMITTOWN OF WESTLAKE, TEXAS PREPARED BY: 5751 KROGER DRIVESUITE 185KELLER, TX 76244PHONE: 817-562-3350 114TEXAS 114TEXASSOLANA B L V D ./ W . K I R K W O O D B L V D . SAM SCHOOL RD S O U T H L A K E CIT Y LIMIT T O W N O F W E S T L A K E LIMIT TOWN OF WESTLAKE LIMITSOUTHLAKE CITY LIMIT Parcel NumberTAD ID NumberOwner NameOwner AddressOwner City/StateOwner Zipcode 1A1134‐1AMaguire Partners‐Solana Land, LP9 Village Cir Ste 500Westlake Tx762625910 212960‐‐7BMaguire Partners‐Solana Land, LP9 Village Cir Ste 500Westlake Tx762625910 346189H‐2‐1R1Maguire Partners‐Solana Limited Partnership9 Village Cir Ste 500Westlake Tx762625910 412960‐‐7A2Maguire Partners‐Solana Land, LP9 Village Cir Ste 500Westlake Tx762625910 512960‐‐7A1Maguire Partners‐Solana Land, LP9 Village Cir Ste 500Westlake Tx762625910 646189H‐2‐2R Maguire Partners‐Solana Ltd. Partnership 9 Village Cir Ste 500Westlake Tx762625910 741496‐2‐11‐09Westlake Terra Llc395 W State Hwy 114 Ste 300Southlake Tx760923631 846189H‐3‐1 Maguire Partners‐Solana Ltd. Partnership 9 Village Cir Ste 500Westlake Tx762625910 941496‐1‐19Westlake Terra Llc395 W State Hwy 114 Ste 300Southlake Tx760923631 1041496‐1‐27‐09HOA Of Terra Bella Inc395 W State Hwy 114 Ste 300Southlake Tx760923631 1141496‐1‐20‐09Town Of Westlake3 Village Cir Ste 202Westlake Tx762627940 1241496‐2‐13‐04HOA Of Terra Bella Inc395 W State Hwy 114 Ste 300Southlake Tx760923631 Sheet 2 of 2 ‐ PROPERTY OWNERS WITHIN 1,000 FEET OF DRILL ZONE * Property owner names for the Maguire Partners properties listed above have been provided by the surface owner. All other ownership information provided is based on 2010 Tarrant Appraisal District (TAD) records. Ordinance 654 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 654 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR A GAS WELL PAD SITE, LOCATED WITHIN THE PD-1 ZONING DISTRICT, AT 1850 SAM SCHOOL ROAD; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake’s Town Council finds and determines, on the basis of facts presented on the application for a Specific Use Permit and at the public hearings on same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; 2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent and nearby property anticipated to be in place upon expiration of the term of the Specific Use Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in effect on the date of granting of said permit; 3. That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's Comprehensive Plan. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the granting of Specific Use Permits under the Zoning Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings and affording a full and fair process to all property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens to grant a Specific Use Permit for a gas well pad site, located within the PD- 1 Zoning District, at 1850 Sam School Road should be approved and adopted attached hereto as Site Plan Exhibit “A” and the Staff Report Exhibit “B”. Ordinance 654 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1 : That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2 : That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Specific Use Permit, for a Gas Well Pad Site, located within the property at 1850 Sam School Road, owned Maguire Partners. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the Town of Westlake as herein amended by the granting of a Specific Use Permit and approval of an associated location plan for private water well and incorporated herein by reference. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. Ordinance 654 Page 3 of 3 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 31st DAY OF JANUARY, 2011. ____________________________________ ATTEST: Laura Wheat, Mayor ____________________________________ ____________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Cathy Cunningham, Town Attorney NOTE: ARE APPROXIMATE. 2. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS NOTE: ARE APPROXIMATE. 1. EQUIPMENT AND TANKS SHOWN ARE NOT TO SCALE AND LOCATIONS GENERAL NOTES. TO BE INSTALLED AFTER RIG DEMOBILIZES FROM FIRST WELL. SEE 1. TEMPORARY 8’CHAIN LINK FENCE WITH ALL WEATHER SCREENING DRILL SITE (TYP.) OPERATION SITE (TYP.) SITE PLAN EXHIBIT ’D’ CONJUNCTION WITH RIG DEMOBILIZATIONS. DUMPSTERS WILL BE REMOVED IN THIS SITE NO WATER WELLS WILL BE DRILLED FOR CELLULAR. NO TOWERS ARE NECESSARY. ALL TELEMETRY EQUIPMENT ON SITE IS C O NST R U CTIO N T R AILE RS C R US HE D LI MEST O NE 8’ C H AIN LIN K FE N CE 8’ C H AIN LIN K FE N CE 300’ 380’ WIT H ALL WE AT HE R S C REE NIN G F A B RIC WIT H ALL WE AT HE R S C REE NIN G F A B RIC CHAINLINK GATE SCREENING FABRIC W /ALL W EATHER 8’CHAIN LINK FENCE AREAPARKING DUMPSTER SCREENING FABRIC W ITH ALL W EATHER 8’ CHAIN LINK FENCE ACCESS 300’ 380’ ANCHOR ANCHOR ANCHOR ANCHOR SEPARATOR HORIZONTAL (16’ DIAMETER x 8’ TALL) 250 BBL TANKS IMPERVIOUS LINER CONTAINMENT RING WITH METER SALES AREAPARKING GATE ARCHITECTURAL ACCESS WIT H M AS O N R Y PILL A RS 8’ W R O U G HT IR O N FE N CE W ITH BARBED W IRE 8’ CHAINLINK FENCE WIT H M AS O N R Y PILL A RS 8’ W R O U G HT IR O N FE N CE MASONRY PILLARS FENCE WITH 8’ WROUGHT IRON R A C KS PIPE CREW HOUSE HEADWELL DIESEL G E NE R. STR.MUDPMP PMP ST O R.PIPE T R AILE R L O G GIN G TRAILERLOGGING 16’HIGHFLOORRIG DE RE K 137’ T ALL S YSTE M CL OSE D L O OP STOR.PIPE AREAPARKING 1 1 N.T.S. N.T.S. MUD SHAKER MUD SHAKER W ITH MASONRY PILLARS 8’ W ROUGHT IRON FENCE BARBED WIRE FENCE WITH 8’ CHAINLINK COMPRESSOR GAS LIFT AFTER UNTIL ALL WELLS ARE DRILLED. REVIEWED BY THE TOWN EACH YEAR THERE AFTER THE FIRST WELL IS COMPLETED AND WEATHER SCREENING FABRIC WILL BE INSTALLED A TEMPORARY CHAIN LINK FENCE WITH ALL4. 3. 2. 1. GENERAL NOTES OPERATIONS IF NECESSARY TO MEET THE TOWN ORDINANCE. SEE SOUND STUDY FOR RECOMMENDATION. 2. SOUND WALLS OR OTHER SOUND MITIGATION MEASURES WILL BE USED DURING DRILLING OR FRACING WIDE, WILL BE INSTALLED. SEE EXHIBIT I. AND LOCKED GATE WILL ENCLOSE THE OPERATION SITE. A MINIMUM OF ONE (1) GATE, TWENTY FOUR (24’) FEET AFTER COMPLETION OF ALL WELLS, AN EIGHT (8’) FOOT TALL WROUGHT IRON FENCE WITH MASONRY PILLARS IN CONJUNCTION WITH VEGETATION AS PER SECTION 56-40 (b)7 OF THE TECHNICAL STANDARDS ORDINANCE. 1. APPLICANT REQUESTS TOWN COUNCIL APPROVE WROUGHT IRON FENCING WITH MASONRY COLUMNS NOTE: AREA WELL HEAD SHEET NO. FILE PATH: SHEET CONTENT PHONE: 817-562-3350 KELLER, TX 76244 SUITE 185 5751 KROGER DRIVE OF APPLICANT/OPERATOR: RANGE PRODUCTION COMPANY FORT WORTH, TX 76102 PHONE: (817)869-4140 FAX:(817)869-1440 100 THROCKMORTON STREET, STE. 1200 TEXAS FIRM NO. 12207 ’B’ UNIT PAD MAGUIRE PREPARED BY: SURFACE PROPERTY OWNER: TOWN OF WESTLAKE, TEXAS SUP APPLICATION DECEMBER 2010 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS T. MANN SURVEY, ABSTRACT NO A-1107 5.173 ACRES OUT OF THE PROJECT NO: 10-RNG008-MAGUIRE SOUTH G:\Job -RNG008-Maguire South DRAWN BY: CMF REVIEWED BY: SOK OF THE WESTLAKE CODE OF ORDINANCES. "GAS WELLS" ARTICLE II "DRILLING AND PRODUCTION" TECHNICAL REQUIREMENTS OF CHAPTER 56 ORDINANCES FOR SUP FOR GAS WELL PADS AND SITE WILL COMPLY WITH ALL TOWN ZONING OPERATOR WILL ENSURE THAT THIS GAS WELL PAD DATE: 12/28/10 FAX: (817) 430-8750 PHONE: (817) 961-6630 WESTLAKE, TEXAS 76262 9 VILLAGE CIRCLE, SUITE 500 CONTACT: TOM ALLEN, PRESIDENT SOLANA LIMITED PARTNERSHIP MAGUIRE PARTNERS- REV: 01/18/11 1850 SAM SCHOOL ROAD 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION & TOWN COUNCIL I. CASE INFORMATION Case No(s): SUP-12-02-2010 Date: 1/24/2011 Request: Approval of a Specific Use Permit (SUP) for a Rural Gas Well Pad Site, referred to as Maguire Pad B. Submitted as informational items: Gas Well Pad Site (GWPS) Permit Application (Gas Well Pad Site Permits and Gas Well Permits are approved administratively after the SUP is approved by Town Council. The GWPS permit is included in the packet as an informational item only but may be referenced in a motion for approval.) Lease Name: Maguire B Unit on Maguire South pad. Location: 1850 Sam School Road. The subject property is located between Sam School Road and Hwy. 114, south of the Marriott hotel. Property Owner: Maguire Partners Developer/Operator: Range Production Company Zoning: PD - 1 Proposed Use(s): Rural Gas Well Pad Site (rural >1000 feet). By ordinance, a Rural Gas Well Pad Site contains a Drill Zone that is located more than 1,000 feet from a Protected Use at the time of the filing of a Gas Well Pad Site Permit application. By ordinance, a Protected Use is defined as a habitable structure, Religious Institution, Public Building, Healthcare Facility, School or Public Park (note: parks do not include trails and the trail near this proposed GWPS is a private trail). This term does not apply to accessory building, garages, hangars, or storage buildings. The applicant intends to develop the site to drill an unknown number of gas wells. Phasing: At this time, only one (1) well will be drilled and data gathered to determine the optimum number of wells to be drilled in the future for this site, i.e. - The initial gas well on this pad site will be one of possibly several drilled over time (time period not determined).The applicant is submitting a Gas Well Pad Site SUP application for 2 approval and concurrently submitted for administrative review, the related Gas Well Pad Site Permit application. The SUP submittal includes a Site Plan outlining all equipment and vehicle parking and storage areas to be used in the drilling phase and a Site Plan showing all equipment and parking areas to be used in the production phase. (See attached site plan, Exhibit T from the GWPS application). If this SUP application is approved, this would also amend the PD Site Plan for the existing PD-1 zoning district. The Town’s official records reflecting this Gas Well Pad Site, its access routes, and any other conditions of the SUP (if approved) may impact future PD-1 zoning district development in and around this pad site. II. STAFF REVIEW COMMENTS AND RECOMMENDATIONS (Staff recommends approval of the Gas Well Pad Site SUP for the Maguire B Unit Pad, located in the PD-1 zoning district, subject to the following comments, stipulations, and/ or conditions: 1. Platting The applicant represents that all conditions of zoning for PD-1 that affect the GWPS site plan and platting for this property have been met. However, the parcel included in the SUP application, on which the GWPS will be located, is not currently platted. The applicant has stated that this parcel will not be sold nor sub-divided; but only leased from the surface owner. We are advised that this is not an uncommon practice in the natural gas industry and that other area municipalities allow Gas Well Pad Sites to be permitted on unplatted property. To prevent any possible future subdivision of the parent tract from the SUP tract which will contain the GWPS, this status as non-subdivided property will be researched and reviewed during the annual renewal process for the GWPS and Gas Well permits. If there is any change of ownership or division of property within each one year permit time period, the GWPS tract must be re-platted to reflect this change of ownership and subdivision of property. 2. Traffic Management Plan Primary access to the proposed site will be off of Sam School Road and Solana Blvd. See attached Exhibit A from the SUP application). A separate road maintenance agreement between the Operator and the Town of Westlake for access and use of public right-of-way by the Operator is required prior to issuance of a Gas Well Pad Site permit. 3 3. Structures and Protected Uses within 1,000’ The proposed GWPS meets the setback requirements of a Rural GWPS. (As shown in Exhibit B from the SUP application). A list of all property owners and their addresses has been provided by the applicant as required by ordinance. There are no Westlake properties containing a Protected Use within 1,000 feet of proposed Drill Zone. There is a Protected Use located in Tarrant County but outside the Town of Westlake and Southlake borders. It is 890’ from the Drill Zone. Staff has contacted this property owner and they have no objections to the location of the GWPS. The proposed GWPS is located in close proximity to the border of Southlake and some Southlake roadways but they are no longer included in the Traffic Management Plan. There are no Protected Uses in Southlake that are within 1,000 feet of the Drill Zone. (While the Town does not have the authority to enforce Westlake zoning requirements relative to development in Southlake, as a courtesy, staff has sent a copy of this staff report to Southlake staff for dissemination to their citizens, if they wish to do so). 4. Private Road/ Driveway for access to the Gas Well Pad Site. The applicant has shown a cross section of the roadway to consist of 6” of reclaimed asphalt over 6” of lime stabilized subgrade (show n in attached Exhibit C from the SUP application). The first 50 feet of the private roadway from the edge of Sam School Road must be constructed of concrete or other Town approved paving surface. Additionally, as stated in the 2006 International Fire Code , since this private access road will also be the fire apparatus road for the GWPS, it shall be designed and maintained to support the imposed loads of fire apparatus and shall be surfaced so as to provide all weather driving capabilities at all times. The drive approach must be constructed as a permanent approach with a concrete culvert and stone or masonry faced headwalls. 5. Location of Vehicle Parking and Storage Areas. Parking and storage areas are provided as required. (Shown on the attached Exhibit D from the SUP application). 6. Water Source and Other Public Utilities/ 4 Water will be obtained from nearby fire hydrants and conveyed through temporary water lines laid on the surface and in culverts for road crossings. See Exhibits E & F 7. Water Storage Facilities Including On-site Retention Ponds No on-site water storage facilities are proposed. The applicant has indicated that they will obtain all water for this Gas Well Pad Site from the Town of Westlake, to the extent that the Town can provide it. 8. One Hundred (100) Year Flood Plain No portion of the proposed Gas Well Pad Site is located within the One Hundred (100) Year Flood Plain. 9. Grading and Drainage / Erosion Control The applicant’s submitted site plan shows no on-site detention or retention. The increase in run-off caused by the installation of compacted materials in the Gas Well Pad Site area will result in an increase of approximately 5cfs, which should not have any negative impact on adjacent properties. The application shows maximum slopes of 2:1 which exceed the ordinance limitation of 3:1. The applicant has indicated that this steeper slope not only preserves trees but is needed in order to contain the land disturbance within the area allowed by their lease. Staff is recommending that native or dark colored rock or other approved material be utilized to adequately address erosion and maintenance concerns. This installation is to be approved by town staff. Erosion control materials for the GWPS development process will be field approved after installation. Installation of erosion control systems will be in accordance with recognized industry standards and practices. 10. Screening and Landscape Plan (see attached Exhibit I from the SUP application). This SUP submittal is based on this site being classified as a Rural Gas Well Pad Site (GWPS) as mentioned above in the Proposed Use section of this staff report. The regulating ordinance provides that Rural Gas Well Pad Sites may be allowed to delay all or part of its landscape and screening wall installation as approved by the Town Council provided a specific time schedule is established and approved as a part of the Specific Use Permit application. Further, while if screening is required, it can be approved by the Town Council (as a part of the SUP) as wrought iron with masonry columns, which the applicant has proposed. Also, the landscape and screening wall installation for a 5 Rural GWPS can be required immediately by the Town upon the Final Platting or issuance of a building permit for a Protected Use located on any property within the setback requirements for High Impact or Urban Gas Well Pad Sites. For the Drilling phase, the applicant has proposed installing a temporary chain link perimeter fence with all weather screening for a period not to exceed one year after completion of the first well. No additional landscaping is proposed during this time frame. Upon expiration of one year after completion of the first well, the applicant proposes installing a wrought iron fence with masonry columns and twenty-seven additional trees to serve as their permanent landscape and screening. The applicant is of the opinion that the location of this GWPS, situated among the large grove of existing trees and at a ground elevation significantly higher than the highway, will be better hidden from view by the installation of the less obtrusive wrought iron fence along with the strategic installation of twenty-seven additional trees, than by the installation of the masonry fence and layered landscape plan as detailed in the ordinance. It is the applicant’s desire that this level of landscape be approved as the final landscape and screening plan even if development occurs within 1,000 feet of the Drill Zone. Staff understands that the operator has entered into an agreement with the property owner to plant additional trees as necessary to screen the site from view as seen from Hwy 114. Staff recommends that these additional trees to be planted be required as part of this SUP, however, planting can be delayed to sometime prior to issuance of the first Gas Well permit. This will allow time for the GWPS to be developed and a field assessment to be made to determine the screening needs, prior to planting the trees. For the initial Drilling phase there will be no fencing around the site as there will be personnel on location 24 dours per day during the drilling and completion operations.. The applicant shall install a temporary chain link fence with all- weather screening around the perimeter of the site immediately following the completion of the first well. The temporary fence may remain for a period not to exceed one year after completion of the first well. Upon expiration of the above time frame, not to exceed one year after completion of the first well, the applicant shall install a wrought iron fence with masonry columns and the additional trees, as shown in the plans provided with the GWPS application, to serve as their permanent landscape and screening. 11. Tree preservation and Mitigation Plan The applicant has submitted a tree preservation/mitigation plan (see attached Exhibit J from the SUP application). The tree mitigation plan provided does 6 not meet all of the mitigation requirements as established in the Town of Westlake code of Ordinances Section 98-48, Tree Replacement Requirements. However, the operator and town staff have worked out an accompanying tree mitigation agreement in which the operator will pay to the Town of Westlake $300,000 to be placed in the Reforestation Fund. The operator will pay $175,000 upon issuance of the Gas Well Pad Site Permit and first Gas Well Permit, $75,000 upon the issuance of the second Gas Well Permit, and $50,000 upon issuance of the third Gas Well Permit. The above stated fees are in lieu of planting replacement trees on site on a caliper inch per caliper inch basis. The Reforestation Fund may be used to cover costs associated with planting, maintaining, or preserving trees anywhere within the town. Staff feels that the tree reforestation fund contribution will be of greater benefit to Town of Westlake overall than the replanting of additional trees on this heavily wooded site. 12. Site Security Plan The applicant has submitted a site security plan (see attached Exhibit K from the SUP application). The site will be occupied 24 hours a day until the first well is completed. Following the completion of the first well, the applicant is proposing a temporary chain link fence with all-weather screening around the entire GWPS until the site is fully drilled or one year following completion of the first well, at which time a permanent fence will be installed. Applicant shall provide Knox locks for all gates. 13. Noise Management Plan The applicant submitted an exhibit from The Environmental and Natural Resources Group, Inc. (see attached Exhibit L from the SUP application). The exhibit shows the ambient noise levels as measured at various times and calculated or recorded in various methods to establish the pre-drilling sound levels observed at the site. The applicant does not anticipate that the site will be in close enough in proximity to adjacent uses to warrant the use of any noise mitigation, but they are prepared to install and use them if the measured levels exceed those outlined in the code. Approval of this SUP and renewal of all related permits is contingent upon the operator complying with Town ordinances regulating noise. 14. Outdoor Lighting Plan Applicant revised notes on drawings as requested by Town staff for clarification of the lighting details. An additional sheet was added to the exhibit regarding the fixtures heights as requested. 7 While the applicant states that all luminaries shall be shielded according to state and federal safety laws, they must also comply with the Town’s outdoor lighting requirements as found in Section 102-207 and in the PD-1 requirements for outdoor lighting (see attached Exhibit M from the SUP application). The applicant stated that lights are labeled on the rig and will be used only when necessary to meet state and federal safety regulations. Applicant shall provide shielding and or alteration of the lighting as, directed by Town staff, to comply with the Town’s lighting ordinances to the degree possible without unduly compromising the safety of the workers. 15. Dust Mitigation Plan Town staff requested that the applicant identify the dust suppression material to be applied. The applicant noted that the material to be used is Soil Sement. The MSDS for this material is also included in the revised exhibit. Applicant shall provide dust control methods and maintenance schedules as directed by Town staff to adequately mitigate dust migration. Town staff will monitor the site and will determine if dust mitigation efforts are adequate for the various climatic conditions and traffic loads. 16. Waste Disposal Plan Waste from this site will be trucked off-site at least monthly and the on-site dumpster will be located within a lined area enclosed by a by a 1’ high berm as shown on the site plan, located within the landscaping/screening plan referenced above. 17. Telemetry Equipment No telemetry equipment has been identified on the drawings nor will they be necessary since the equipment will be cellular. For clarification, it was noted that no towers will be necessary and thus none will be permitted on site without a site plan amendment. 18. Water Wells No fresh water wells will be drilled on this GWPS. There are no records of any water wells in Westlake within 1,000 feet of the Drill Zone. 19. Pipelines Applicant indicates pipelines to tie this GWPS into a gas transmission line will run 8 from SH 114 to the north side of the GWPS. All pipelines related to the drilling or production operations will be approved and permitted by the Town prior to being installed. 20. Adjacent Property Owners Applicant states there are no protected uses inside the corporate limits of Westlake within 1,000’ of the drill zone of this GWPS and thus, no adjacent property owner consent forms are necessary for this SUP application. Memo Town of Westlake To: Honorable Mayor and Members of the Town Council From: Kelly Edwards, Town Secretary Subject: January 31, 2011, Meeting Date: January 25, 2011 Regular Consider an Ordinance amending Ordinance 653 calling and ordering a General election to be held on Saturday, May 14, 2011. ITEM This item supports the following Vision Point and Key Result Areas: VISION POINT AND KEY RESULT AREAS  Hospitality Finds its Home in Westlake o Citizen engagement and communication The Town Council previously called the General Election for May 14, 2011, by Ordinance 653 during the January 24 BACKGROUND th meeting. The most common complaint the Election Administrators receive is the confusion of having to vote at different locations depending on the date of the election. For that very reason the County Election Administrators have asked all cities/towns that are divided by the county line to contract with both counties to conduct their elections. This ordinance reflects that our election will be conducted by both Denton and Tarrant County. There are no changes of polling locations for Tarrant County residents. Residents living in Denton County will now vote at a Denton County polling location during Early Voting and their normal polling location on Election Day. (normal election day location is the same location they would vote during a March or November election) The total election cost will increase by approximately $1600.00 to $2000.00 due to contracting with Denton County and publication requirements of the Notice of Election. Should we exceed the budgeted amount an amendment will be proposed. FUNDING Approve the Ordinance RECOMMENDATION Ordinance ATTACHMENTS: Ordinance 655 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 655 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 653 CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING THREE (3) COUNCIL MEMBERS TO BE HELD ON MAY 14, 2011, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1 : That Ordinance No. 653 is hereby amended to specify the polling places and other matters pertaining to the general election on May 14, 2011, to read as follows: SECTION 2: Election Order for General Election. That an election shall be held between the hours of 7:00 a.m. and 7:00 p.m. on the 14th day of May 2011, the second Saturday of that month, for the purpose of electing three (3) Council Members for two (2) year terms, in accordance with Section 23.023 of the Texas Local Government Code. SECTION 3: Polling Place. The polling place for the Election shall be as follows: Residents living in Tarrant County Westlake Town Offices 3 Village Circle Westlake, Texas 76262 Residents living in Denton County First Baptist Church of Roanoke 209 N. Pine Roanoke, Texas 76262 The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 14, 2011, in accordance with and pursuant to the requirements of the Texas Election Code. The Town shall constitute a single election precinct for said election. SECTION 4: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake, Texas, on or before the 14th day of March 2011 until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of Section 141.031 of the code. SECTION 5: Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place, provided that no voter shall be Ordinance 655 Page 2 of 4 given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. The County’s voting equipment will be utilized for this election. SECTION 6: Early Voting. Early Voting by personal appearance shall be conducted at the County’s Main Early Voting location; Residents living in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections Joseph A Carroll Building 401 W. Hickory Denton, Texas 76201 and branch offices for early voting by personal appearance shall be established as outlined in the election agreement with Tarrant and Denton County. Steve Raborn, Tarrant County Elections Administrator and Frank Phillips, Denton County Election Administrator, are hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: Tarrant County Early Voting May 2-6 (Monday – Friday) 8:00 a.m. to 5:00 p.m. May 7 (Saturday) 7:00 a.m. to 7:00 p.m. May 8 (Sunday) 11:00 a.m. to 4:00 p.m. Denton County Early Voting May 1-7 (Monday – Saturday) 8:00 a.m. to 5:00 p.m. May 9 and May 10 (Monday – Tuesday) 7:00 am. to 7:00 p.m. The Order of Election will be amended at a later date to include early voting sites added due to joint elections with other political subdivisions. For the purpose of processing ballots cast in early voting, the election officers for the early voting ballot board shall be appointed and designated in accordance with the provisions of the election agreement with the Tarrant and Denton County Elections Administrators. Ordinance 655 Page 3 of 4 Application for ballot by mail may be sent beginning March 15, 2011, but received no later than May, 6, 2011, and mailed to: Residents living in Tarrant County Steve Raborn Early Voting Clerk P.O. BOX 961011 Fort Worth, Texas 76161-0011 Residents living in Denton County Denton County Elections Early Voting Clerk P.O. Box 1720 Denton, Texas 76202 SECTION 7: Notice. Notice of said elections shall be given as required by the Texas Election Code. SECTION 8: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton County Elections Administrators, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge, or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 9: Election Results. That the three (3) candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; The Mayor shall deliver a certificate of election to the successful candidates. If two (2) or more candidates tie with the same number of votes so that one or more of the tied candidates would not be elected, the Town shall follow procedures pursuant to the requirements of the Texas Election Code. SECTION 10: Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 11: Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. Ordinance 655 Page 4 of 4 SECTION 12: Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 13: Severability Clause. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 14: Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED by the Town Council of the Town of Westlake, Texas, on this 31st day of January 2011. APPROVED: _____________________________ Laura Wheat, Mayor ATTEST: _______________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED: ______________________________ L. Stanton Lowry, Town Attorney Town of Westlake Item # 7 – Adjournment Back up material has not been provided for this item.