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12-18-08 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING A G E N D A December 18, 2008 6:00 pm TOWN HALL OFFICES – COURT ROOM 3 VILLAGE CIRCLE, SUITE 207 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON SEPTEMBER 25, 2008. 3. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION JOINT WORKSHOP HELD ON NOVEMBER 3, 2008. 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. 5. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202, Westlake, Texas, 76262, on Friday, December 12, 2008, 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 September 25, 2008 PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath, Rick Rennhack, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, DPS Director Don Wilson, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:08 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 22, 2008, AND THE JOINT WORKSHOP AND SPECIAL MEETING HELD ON MAY 29, 2008. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Heath made a motion to approve the minutes as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 4-0, with Commissioner Rennhack abstaining from the vote, as he was not a member of the Commission at the time of the meetings. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO PLANNED DEVELOPMENT ZONING DISTRICT PD 3-3 BY AMENDING THE PERMITTED USES AND CREATING A BUFFER ZONE PARALLEL TO AND NORTH OF DOVE ROAD. SPECIFICALLY REMOVING ALL PERMITTED RESIDENTIAL USES AND ADDING TO THE ALLOWABLE SQUARE FOOTAGE OF OFFICE USE FOR THIS DISTRICT (Zoning Case 08-05) Town of Westlake Page 2 of 3 Planning and Zoning Commission Meeting Minutes September 25, 2008 Planning and Development Director Edwards addressed the Commission regarding the case, and advised that the proposed changes are being requested by the applicant to fulfill some of the requirements of the Developer’s Agreement. Mr. Joe Schneider, Vice President of Hillwood Development, was present to address questions from the Commission. Chairman Greenwood opened the public hearing. There being no on 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 5-0. MOTION: Commissioner Heath made a motion to recommend approval of the case as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 4. CONDUCT A PUBLIC HEARING AND TAKE ANY APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED AT 1502 WILLS CT. Chairman Greenwood introduced the item and opened the public hearing. Planning and Development Director Edwards addressed the Commission regarding the item, and advised the Commission that the proposed well will be at least 15 feet from the side property line, keeping the well outside of any setbacks. The applicant, Ms. Pam DeLaPorte, was present for the hearing. There being no on requesting to speak, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Sanden made a motion to close the public hearing. Commissioner Rennhack seconded the motion. The motion carried by a vote of 5-0. MOTION: Commissioner Sanden made a motion to recommend approval of the application for a Specific Use Permit (SUP) for a private water well as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 5. 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 2600 J. T. OTTINGER ROAD; WESTLAKE CIVIC CAMPUS ADDITION, LOT 1, BLK I. (APPLICATION HAS BEEN WITHDRAWN) Town of Westlake Page 3 of 3 Planning and Zoning Commission Meeting Minutes September 25, 2008 Town Manager Brymer advised the Commission that the applicant has withdrawn the application. 6. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Rennhack made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 6:22 p.m. Approved by the Planning and Zoning Commission on the 18 day of December 2008. ________________________________ William E. Greenwood, Chairman ATTEST: _____________________________________ Kim Sutter, TRMC, Town Secretary � ti MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN & TEXAS STUDENT HOUSING AUTHORITY BOARD OF DIRECTORS JOINT WORKSHOP November 3,2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, and Rebecca Rollins, TSHA Chair Jim Carter and Directors Jac Irvine, George Ledak. Melanie Lekkos (4:29 p.m.), Jill McKean, and Chuck Schultz. ABSENT: General Counsel Scott Bradley. OTHERS PRESENT: Town Manager Thomas Brymer, Town Attorney Stan Lowry, and Town Secretary Kim Sutter. 1. CALL TO ORDER. A. Board of Aldermen Mayor Wheat called the workshop to order at 4:25 p.m. Mayor Wheat welcomed the TSHA Board of Directors and explained that the purpose of the meeting is an opportunity for open dialogue for the Board of Aldermen to ask questions to clarify the TSHA organization and its role. B. Texas Student Housing Authority Chair Carter called the workshop to order at 4:26 p.m. 2. DISCUSSION AND CONSIDERATION OF THE FOLLOWING: Mayor Wheat introduced the item and turned the floor over to TSHA Chair Carter. At this time, each Director of the TSHA introduced themselves and provided background relative to their involvement with the Board. A. Organizational Structure of TSHA and Operating Procedures. Chair Carter reviewed the creation of TSHA and introduced Mr. Allen Moon. Town of Westlake Board of Aldermen Page 2 of 3 & TSHA Board of Directors Joint Workshop Minutes November 3,2008 Mr. Moan addressed the Board regarding the structure and creation of the Authority and outlined his involvement in the creation of the Authority and the associated Projects. Mr. Moon explained that the properties were acquired under 100% non-seller recourse financing, and any payment defaults are of no recourse to the Town, as explained in the documents. Mr. Moon added that the Bond companies have not once raised any questions with regard to the defaults and thus have not factored in the defaults when determining the Town's Bond rating. Mr. Moon advised that the fee income was structured as to cover the overhead necessary to administer the projects, and it was anticipated that additional fees would be available to the Town. Additionally, Mr. Moon explained that the Town must approve the Articles of Incorporation, the Bylaws, appoint Board members, and upon dissolution, all assets must go back to the Town. Discussion ensued regarding the financing, payment of an oversight fee to the Town, resolving any conflicts between the Boards, the possibility of a civil suit with regard to the Bonds in technical default, rightful use of the funds, effect if scholarships no longer offered, and the potential of future payments to the Town. B. TSHA Strategic Plan. Mayor Wheat introduced the item and advised that she felt it would be a wise investment to have an independent consultant evaluate Texas Student Housing Authority operations. Chair Carter recommended that questions from the Board be compiled and presented to the TSHA Board of Directors before making a decision regarding the need for an outside consultant, as it could prove to be a costly and unnecessary expense. Alderman Corson stated that, due to the complexity of the organization, including financing, he supports an evaluation by an outside consultant as he feels that the opinion of an outside consultant will be better received. Chair Carter responded that the Authority did not budget for an outside consultant evaluation; however, if the Board of Aldermen would like an outside assessment, he would support the decision. Mayor Pro Tern Redding advised the TSHA Board of Directors that he would support a joint meeting at least one time per year to increase communication between the two Boards. C. Assessment of TSHA and its projects. It was the consensus of the Boards to direct Town staff to work with TSHA staff to evaluate the needs of TSHA, the structure of the organization, and the outlook, including finances over the next few years. D. Hiring process for new TSHA President. Town of Westlake Board of Aldermen Page 3 of 3 & TSHA Board of Directors Joint Workshop Minutes November 3,20018 Based on the discussions, it was the consensus of the Boards to delay the search for a TSHA President at this time. 3. ADJOURNMENT. A. Board of Aldermen There being no further business, Mayor Wheat adjourned the workshop at 7:13 p.m. B. Texas Student Housing Authority There being no further business, Chair Carter adjourned the workshop at 7:13 p.m. APPROVED BY THE BOARD OF ALDERMEN ON DECEMBER 8, 2008. Laura Wheat, Mayor AT i Sutter, TRMC, Town Secretary Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of December 18, 2008 Date: December 12, 2008 ITEM 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. 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 Highest quality development and aesthetic standards ; We are Leaders o High quality services delivery coupled with financial stewardship o Infrastructure maintenance and planning BACKGROUND The Town of Westlake currently allows Gas and Oil uses in the O-I “Office – Industrial Park” zoning district with an approved Specific Use Permit. There are only two parcels currently zoned O-I and our comprehensive plan does not support rezoning additional property to this zoning district. By allowing Gas and Oil uses in all districts with an approved Specific Use Permit, the opportunity for the capture of minerals and hydrocarbons throughout the Town coupled with reasonable and detailed Town regulations is addressed. An ordinance amending Chapter 56 “Oil and Gas Wells” of the Town of Westlake Code of Ordinances will be presented to the Town Council for consideration immediately prior to the presentation of this zoning amendment. Chapter 56 contains specific regulatory requirements for Gas and Oil uses. The amendment will significantly strengthen those regulations to better protect the health, safety, and welfare of the citizens of the Town of Westlake. RECOMMENDATION Staff recommends approval ATTACHMENTS Proposed Ordinance on technical standards 1 TOWN OF WESTLAKE ORDINANCE NO. ___ AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES; AMENDING THE LAND USE SCHEDULE TO PERMIT GAS AND OIL DRILLING, EXPLORATION AND PRODUCTION IN ALL ZONING DISTRICTS WITH AN APPROVED SPECIFIC USE PERMIT; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to allow gas and oil drilling and production on all properties regardless of zoning district, provided a Specific Use Permit is approved for that property; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to amend certain sections of the Code of Ordinances relative to land use to assure to protection of property and mineral rights owners; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL 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 following sections of Chapter 102 of the Code of Ordinances, are hereby amended, to read as follows: Chapter 102 ZONING* Article III. Permissible Uses Division 1. Generally Sec. 102-61. Land use schedule. 2 Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter, including article IV, district development standards: (1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right. (2) The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit (SUP) as set forth in this article. (3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use. (4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is required prior to issuance of a building permit, subject to the requirements of article VIII of this chapter, applications, section 102-314, required site plan. (5) An asterisk (*) indicates that the use has special standards or requirements listed in this section, which it must meet in order to be allowed. (6) A blank square shall mean that the use is not allowed in that zoning district as a principal use. WESTLAKE LAND USE SCHEDULE TABLE INSET: SF Residential Permitted Uses Commercial R- 5 R- 2 R- 1 R- 0.5 RA X=Permitted, A=Accessory Use, S=SUP GUMF LR O O- I AGRICULTURAL USES X X X X X Orchard X X X XX X X X X X Plant nursery (growing) X X X XX Plant nursery (retail sales) X X X Farms general (crops) X X XX Farms general (livestock, ranch) X X XX Veterinarian (indoor kennels) X Veterinarian (outdoor kennels) S S S Stables (private, principal use) S S X X X X Stables (private, accessory use) Stables (as a business) S S RESIDENTIAL USES X X X X X Single-family detached S Single-family zero lot line X 3 Single-family attached X X X Private aircraft hangar X X Aircraft fuel storage Duplex X X X X X X Home occupation A A A A A Servants/caretakers quarters* A A A AA Temporary accommodation for employees/customers/visitors* A A AA INSTITUTIONAL AND GOVERNMENTAL USES Emergency ambulance service X X X Post office (governmental) X XX Mailing service (private) X XX Heliport A S Helistop A S S S S S S S Telephone switching station X X XX Electrical substation S S S X X X X X Utility distribution lines* X X XX Utility shop and storage X S S X X X X X X Sewage pumping station X X XX Water storage tank (elevated or ground) X S S S Retirement home X X Nursing/convalescent home X X Hospice X XX Hospital X XX Psychiatric hospital S XX Clinic S X XX X X X X Child daycare (7 or more)* X A X XX S S S S School, K-12 (public) X S S S S School (vocational) X S X XX College or university S X XX 4 Community center X X X XX Civic club X X X XX S S S S S Church or place of worship* X X XX S S S S S Use associated to a religious institution A X XX Government building X X X XX Police station X X X XX S S S S S Fire station X X X XX Library X X X XX S S S S S Private water wells* S S S S S COMMERCIAL USES Multifamily (apartments) X Offices (general) X XX Studio X XX Banks and financial institutions X XX Information processing XX Hotel/motel with conferencing facility S X S X Laundry/dry cleaning (<3,000 square feet) X X Laundry/dry cleaning (drop/pick) X XX Shoe repair X AA Beauty parlor/barbershop X AX Clothing store X X Quick copy/duplicating services X AX Personal services X XX Grocery X Convenience store X AX Service station X X Drug store X AX Variety store X Bakery sales X Stationery store X A 5 Antique shop X Art gallery X X A Hardware store X X Sporting goods X Paint and wallpaper X X Cloth store X Retail stores--General (excluding secondhand goods) X A Restaurant/cafe (GU not for profit) A S S S Restaurant/cafe with private club S S S Auto/truck parts and accessories S X Household furniture/appliances X X AMUSEMENT/RECREATION X X X X Golf course (public or private) X X XX X X X X X Park or playground X X X XX See division 2 of this article Wireless communications facility See division 2 of this article Noncommercial radio tower S S S Race track operation S Recreation facility, health studio X X X XX S S S S Country club (private membership) X X XX S S S S Tennis, Basketball court, etc. lighted S S S S S X X X X X Tennis, Basketball court, etc. unlighted X X X XX AUTO SERVICES Truck/trailer rental S X Auto body repair S Auto mechanical repair S X Quick lube/oil change X X Vehicle maintenance (private) X XX WHOLESALE TRADE Warehouse/storage (inside) X 6 Warehouse/storage (outside) S Scrap/waste recycling collection and/or storage S Gas/chemical bulk storage S Light manufacturing/assembly S S X Apparel manufacturing X Packaging and/or distribution X Printing, engraving & related reproductive services X Distribution of books/other printed material X Machine shop S Welding shop S S S S S Temporary batching plant* S S S S OIL & GAS EXPLORATION The following uses are allowed in all zoning districts including Planned Developments provided a Specific Use Permit is approved. S S S S S Gas well pad site S S S S S Drilling S Work-Over/Pulling Unit S Pumpjack S Produced Storage (Tank Batteries) S SIGNS X X X X X Builder directional signs (temp.) Contractor signs (temp.) X XX X X X X X Holiday signs (temp.) X XX Business window signs (temp.) X X Monument signs X X XX Wall signs X X X X X X X Political yard signs (temp.) X XX Decorative banners (temp.) X X XX 7 (*) Signifies uses with special guidelines, see section 102-63 (UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5-14-2001; Ord. No. 392, § 2, 5-14-2001; Ord. No. 426, § 4, 9-23-2002 Ord. No. 456, § 2, 4-12-2004; Ord. No. 519, § 4, 4-23-2007) SECTION 2: PENALTY. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 4: SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued 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, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 6: PUBLICATION. The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty clause, publication clause and the effective date of this ordinance. SECTION 7: EFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage and publication as required by law. PASSED AND APPROVED this 12th day of January 2009. ____________________________________ Laura Wheat, Mayor ATTEST: 8 _____________________________ ____________________________________ Kim Sutter, TRMC, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO LEGAL FORM: ____________________________ L. Stanton Lowry, Town Attorney