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12-18-08 PZ MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING December 18, 2008 PRESENT: Chairman Bill Greenwood and Commissioners Allen Heath, Rick Rennhack, and Sharon Sanden. ABSENT: Commissioner Walter Copeland. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, DPS Director Don Wilson, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:02 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON SEPTEMBER 25, 2008. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Sanden made a motion to approve the minutes as presented. Commissioner Rennhack seconded the motion. The motion carried by a vote of 4-0. 3. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION JOINT TRAINING WORKSHOP HELD ON SEPTEMBER 29, 2008. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Sanden made a motion to approve the minutes as presented. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. Town of Westlake Planning and Zoning Commission Meeting Minutes December 18, 2008 Page 2 of 4 4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES TO AMEND THE LAND USE SCHEDULE PERMITTING GAS AND OIL DRILLING, EXPLORATION, AND PRODUCTION USES IN ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT. Town Manager Brymer briefed the Commission and the audience regarding the background of the proposed changes to Chapter 102 of the Code related to gas and oil well drilling. Mr. Brymer stated that the process began in late 2007, and that tonight's public hearing is to receive input relative to the land use schedule for gas and oil well drilling in the Town, and that the Town Council will consider a technical standards ordinance in the near future. Town Attorney Lowry briefly explained the balance between the "mineral estate rights" and "surface owner rights." Chairman Greenwood requested more discussion relative to expanding the ability to drill in all zoning districts, rather than the two industrial districts where drilling is currently permitted. Town Manager Brymer responded that with increased gas well drilling activity in the urban areas, coupled with a zoning ordinance that allows drilling to take place on just a few parcels in the Town, the situation exists where property owners want to lease their minerals, which raises the question as to whether the Town has permitted adequate access for drilling. Mr. Brymer added that the proposed zoning change would impose an additional layer of regulations while permitting drilling in other zoning districts with an approved SUP (Special Use Permit). Discussion ensued regarding how the zoning change would affect the Planned Developments (PD's), saltwater disposal wells and pipelines, notification of adjacent property owners, and the possibility of excluding residential zoned districts from the permitted drilling zones. Town Manager Brymer stated that, if recommended for approval, the Town Council would conduct a public hearing and consider approval of the zoning amendment at their January 12, 2009, regular meeting. Mr. Brymer added that the Town Council will also discuss and consider a technical standards ordinance. Town Manager Brymer highlighted sections of the technical standards ordinance to be presented and discussed with the Council in January 2009. Following discussion by the Commission, Chairman Greenwood recessed the meeting at 7:12 p.m. Chairman Greenwood reconvened the meeting at 7:23 .m. and opened the public hearing at 7:24 p.m. Town of Westlake Planning and Zoning Commission Meeting Minutes December 18, 2008 Page 3 of 4 Mr. Kenny Rogers, 1730 J.T. Ottinger Road, Westlake, spoke in opposition of the proposed zoning amendment citing favoritism to gas well drillers and potentially decreased residential property values. Ms. Mary Patton, Regulatory Manager representing Range Resources, an Oil and Gas operator of 1000 Throckmorton Street, Suite 1200, Fort Worth, Texas, spoke in support of the proposed zoning amendment under the guidelines of a SUP. Ms. Linda Pavlik, President, Pavlik and Associates, 6115 Camp Bowie Blvd., Suite 270, Fort Worth, Texas, and serving as a consultant for Range Resources spoke in support of Range Resources and the proposed zoning amendment. Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Rennhack made a motion to close the public hearing. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. MOTION 1: Commissioner Heath made a motion to recommend approval of the zoning ordinance amending Chapter 102 of the Code of Ordinances to amend the land use schedule permitting gas and oil drilling exploration, and production uses in all commercial zoning districts (GU, MF, LR, O, and 0-1) with an approved SUP. Commissioner Rennhack seconded the motion. Town Manager Brymer expressed his concern with prohibiting drilling in residential zoning districts, specifically as it relates to a balance between the property owners' surface and mineral rights. Commissioner Heath withdrew the motion. Commissioner Rennhack followed. MOTION 2: Commissioner Heath made a motion to table recommendation of the zoning amendment until the ordinance has been revised to include the Planned Developments (PD's). Commissioner Rennhack seconded the motion. Town Manager Brymer expressed his recommendation for an ordinance that includes all zoning districts as he feels the approach creates a greater level of control. VOTE ON MOTION 2: The motion carried by a vote of 4-0. 5. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. Town of Westlake Planning and Zoning Commission Meeting Minutes December 18, 2008 Page 4 of 4 MOTION: Commissioner Rennhack made a motion to adjourn the meeting. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. Chairman Greenwood adjourned the meeting at 8:15 p.m. Approved by the Planning and Zoning Commission on the 2 day of April 2009. William E. Greenwood, Chairman ATTEST:, LU kirnAutter, TRMC, Town Secretary