HomeMy WebLinkAbout07-27-98 TC MinMinutes of the Board of Aldermen meeting
TOWN OF WESTLAKE, TEXAS
MINUTES OF THE REGULAR MEETING
OF THE BOARD OF ALDERMEN
AND
THE PLANNING AND ZONING COMMISSION
July 27, 1998
Present: Scott Bradley, Mayor
Charla Bradshaw, Mayor Pro Tem
David Loeser, Member
Abe Bush, Jr., Member
Fred Held, Member
Jerry Dinsmore, Member
Bill Greenwood, Planning & Zoning Chairman
Don Redding, Planning & Zoning Commissioner
Sarah Brown, Planning & Zoning Commissioner
Allen Heath, Planning & Zoning Commissioner
Buddy Brown, Planning & Zoning Commissioner
Paul Isham, Town Attorney
Terry Morgan, Special Counsel
Jim Morris, Legal Consultant
Dennis Wilson, Town Planner
Ernest Hedgcoth, Town Engineer
Edmond Haas, Traffic Engineer
Robert Jenkins, Traffic Engineer
Rowland Jackson, Open Space Consultant
Ginger Crosswy, Town Secretary
Absent: No one.
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The meeting was called to order at 5:15 p.m. by Alderman Loeser and at 5:16 p.m. by
Commissioner Redding. The Board and Commission recessed into executive session at 5:18 p.m. as
Alderman Loeser and Commissioner Redding read each agenda item to be discussed. The executive
session was adjourned at 7:20 p.m. by Mayor Bradley and the Board reconvened into open session at
7:40 p.m.
Item #3:No action was needed on this item.
Item #4: Motion by Alderman Loeser, seconded by Alderman Bush, to approve minutes of the regular
meeting held on July 13, 1998, as presented.
The motion carried unanimously.
Item 45: Citizens' Presentations: David Brown of 4050 Aspen Lane, suggested that during tonight's
Public Hearings could the exhibits be turned so the audience could view these during the
presentations. Mayor Bradley asked the presenters to keep this in mind when making their
presentations.
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Item #6: Motion by Alderman Loeser, seconded by Alderman Dinsmore, to pay all outstanding bills.
The motion carried unanimously.
Item #7:The Joint Public Hearing was opened by Mayor Bradley for the Board of Aldermen at 7:45
p.m. by introducing everyone at the table. Chairman Greenwood then opened the Joint Public Hearing
for the Planning & Zoning Commission.
A. Amendments to the Westlake Unified Development Code, Articles XI, XII and XIII. Mayor
Bradley stated that the Board and Commission would be considering amendments to Article XI
only. Mr. Morgan, the Town's special counsel, told the assembly that these proposed changes
were only to fine tune the procedures already in place. Mr. Morgan briefly covered the changes
proposed. There was a short question and answer period. Mayor Bradley closed the Public
Hearing at 8:08 p.m.
B. Motion by Commissioner Redding, seconded by Commissioner Buddy Brown, to recommend
to the Board of Aldermen that the draft ordinance plus the amendments to the Westlake Unified
Development Code regarding Article XI be approved.
The motion carried unanimously.
Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to adopt Ordinance No. 300
amending Article XI entitled Planned Development Regulations of the Westlake Unified
Development Code, as presented.
The motion carried unanimously.
C. The application of Maverick Commercial Investments, Inc. to rezone an approximately 311 -
acre tract of land. Mayor Bradley told the audience that before agreeing to sell his property to
Maverick Commercial Investments, Inc., he and Mrs. Bradley conferred with the Board of
Aldermen and were told that this sale would be in the best interest of the Town. With this
assurance, they have agreed to sell their home, but this continues to be a very emotional issue
for them both. At this point Mayor Bradley asked the Mayor Pro Tem to chair this item to avoid
any appearance of a conflict of interest. Mayor Pro Tem Bradshaw then assumed the chair,
opening the Public Hearing at 8:14 p.m., by reading the item concerning the application of
Maverick Commercial Investment, Inc. Chairman Greenwood then opened the Public Hearing
for the Planning & Zoning Commission. Dan Jeakins, of HKS Architects, gave a brief
presentation for the applicant, with the help of John Hessler of his firm. Susan Mead of Jenkens
& Gilchrist covered points where the Town had requested changes in their proposal and the
applicant has complied. At this point Mayor Pro Tem Bradshaw opened the meeting to
comments from the audience.
Charlene Gardner, of 6040 Mahotea Boone Trail, stated that her concern was the additional
traffic and how this would be handled. Mr. Haas, the Town's traffic engineer, told the audience
that the additional traffic would be handled by multiple access points into and out of the
property in question. Mrs. Gardner asked the applicant's consultants about the height of the
proposed buildings and was told that there would be three story building along Dove Road with
a progression ending with five stories along S.H. 114. Mrs. Gardner asked about the reported
number of 10,000 employees and was told that this number was stated in a newspaper article --
not by the applicant. Mrs. Gardner then asked the Board to delay a vote on these matters to give
the citizens more time to become familiar with this issue and was told that the Town has had
two workshops for the Board, the Commission and the residents to become more comfortable
with the proposal.
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Debra Heath, of 5944 Stagecoach Circle, asked the Board to be very careful making their
decision tonight due to the tremendous impact this decision will have on Mayor and Mrs.
Bradley's life. Mrs. Heath then asked the applicant to please keep the wildlife in mind when
constructing their complex.
Dennis Wilson, the Town's planner, was asked to cover the issues where the Town and the
applicant were not in agreement. Eddie Haas, the Town's traffic engineer, briefly covered the
traffic impact analysis prepared by the applicant's traffic engineers. Mr. Haas told the Board and
the Commission that while the analysis is very good it shows three access points on Dove Road.
Mr. Haas also stated that the Town's regulations state that for each site plan a traffic impact
analysis must be submitted and the applicant requests that the Town waive this requirement.
Ms. Mead responded that the traffic impact analysis is very expensive and the applicant cannot
control the impact of off site traffic so the applicant would like to be allowed to submit a
circulation plan when submitting a site plan for approval. Ms. Mead stated that the access points
on Dove Road are errors as the applicant is aware of the fact that the Town doesn't want any
access to Dove Road. Steve Stoner, of DeShazo, Tang & Assoc., the applicant's traffic
engineers, told the assembly that they were in error by showing access to Dove Road, but taking
those access points away would have minimal effect on the traffic impact analysis. Mr. Haas
responded that this would have an impact and that is why he is advising the Board and
Commission to require the traffic impact analysis with each site plan submittal.
D. Dennis Wilson, the Town planner distributed maps showing the amendments to the Open Space
Plan and the Thoroughfare Plan to conform to the proposed Planned Development District for
Maverick Commercial Investments, Inc.
Mayor Pro Tem Bradshaw closed the Public Hearing at 9:23 p.m.
At this point the Board and Commission recessed into Executive Session at 9:25 p.m. The
Board and Commission reconvened into open session at 10:03 p.m.
E. Chairman Greenwood asked Mr. Wilson to cover the issues where the Town and the applicant
do not agree and asked Ms. Mead to respond to each issue. As Mr. Wilson and Ms. Mead
proceeded to comply with this request there were several items where the differences were
resolved. Motion by Commissioner Redding, seconded by Commissioner Buddy Brown, to
recommend to the Board of Aldermen approval of the zoning application by Maverick
Commercial Investments, Inc. with the following conditions:
i. The Town will attach the Unified Development Code for five (5) years.
ii. Section 7.3 Subsection A. The first Site Plan application shall be accompanied by a
drainage pian for the entire PD area.
iii. Section 7.3 Subsection B. The Town will waive it's six (6) inch tree restriction and
replace it with eight (8) inch trees.
iv. Section 7.3 Subsection C. Item "3" shall read "The traffic estimated to be generated by
the plan is generally consistent with the original, Board approved traffic impact analysis
as updated."
v. Section 8.3 Building Articulation should be modified to ensure that the Town's standards
for building articulation shall be met, unless the Board or commission, upon
recommendation by the Town Planner, approves an alternate method of articulation.
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vi. Section 3.3 Parking Lot Landscaping: Subsection B.I Parking Lots shall be modified to
require 60 square feet of landscaped area for each required off-street parking space.
vii. Section 3.3 Subsection CA Spot Islands shall be modified to limit the number of 5 ft. by
5 ft. spot islands in a 200 space parking cell to 25% of the total number of spot islands.
viii. Section 3.3 Subsection C.5 Linear Islands shall be modified to require that linear islands
shall be located within a maximum of 15 feet of each parking space.
ix. Section 3.6 General Site Tree Planting: Subsection B.2 The Town will accept the
minimum tree planting requirement requested of 25 trees per acre since the property in
question is heavily treed.
x. Sections 5.1 and 5.2 Landscape Completion Requirements: The Town will agree to an
extension of the six (6) month time period to a nine (9) month time period with a
performance bond.
xi. Section 13 Oversize Costs: Add the wording "increases in costs as funds become
available or as set forth in the Economic Development Agreement".
xii. Section 17 Escrow Deposits: Delete this section.
xiii. Section 26.3 Delete this section.
xiv. Article III Section 1 Traffic Improvements; require construction of an additional right -
turn lane on the northbound approach of Precinct Line at Kirkwood.
xv. Section 14 Traffic Impact Analysis: Add the wording "At the time of any specific site
plan submittal for Town approval, an updated Traffic Impact Analysis must be conducted
and submitted in order to determine all site -related driveways/access intersection
requirements. If any site driveways or direct access intersections are affected by subject
site -related traffic to the extent that the Level of Service (LOS) is reduced below an LOS
of "C" as defined in the Highway Capacity Manual (HCM), published by the
Transportation Research Board of the National Research Council, it will be the
responsibility of the site developer to fund the necessary mitigation measures to achieve a
Level of Service "C". If by nationally accepted standards, a traffic signal is warranted at
the intersection of a public roadway and site driveway or access point, the site developer
will be responsible for the cost of installing the traffic signal to Town standards.
The motion carried unanimously.
After a short question and answer session there was a motion by Commissioner Heath to
recommend to the Board of Aldermen approval of the proposed amendments to the Land
Use Plan of the Westlake Comprehensive Plan and the Westlake Thoroughfare Plan to
conform with the proposed Planned Development District for Maverick Commercial
Investments, Inc.,with the addition on the Open Space Plan of a hike and bike trail across
the northern side of the property in question in the 1:50 foot public area along S. H. 114.
This motion died for lack of a second. The representatives for Fidelity Investments told
the Commission that they would look into the feasibility of this hike and bike trail
placement. There was a motion by Commissioner Redding, seconded by Commissioner
Sarah Brown, to recommend approval of the amendments as presented to the Board of
Aldermen.
The motion carried 4 - for and 1 - against - Allen Heath.
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Chairman Greenwood closed the Public Hearing for the Planning and Zoning
Commission at 10:18 p.m.
At this time Mayor Pro Tem Bradshaw asked for a motion by the Board of Aldermen on
an ordinance to rezone an approximately 311 -acre tract of land. There was a motion by
Alderman Dinsmore, seconded by Alderman Loeser, to adopt Ordinance No. 301
including the conditions outlined by the Planning & Zoning Commission with one
addition, in regard to the Traffic Impact Analysis the floor area ratio is accepted as
provided by Fidelity Investments and under no circumstance should that FAR be
compromised. Alderman Bush made a motion to amend the previous motion to include
adding native plants to the tree requirement in accepting the 25 trees per acre instead of
30 trees per acre. This amendment was seconded by Alderman Loeser.
The motion to amend the motion carried unanimously.
The main motion carried unanimously.
Motion by Alderman Bush, seconded by Alderman Held, to adopt Ordinance No. 302
amending the Thoroughfare Plan and the Land Use Section of the Westlake
Comprehensive Plan.
The motion carried unanimously.
The meeting was recessed at 11:27 p.m. and reconvened at 11:45 p.m.
F. Mayor Bradley resumed the chair after the recess and asked the representative from AIL
Investment, L.P. to make their presentation. Bill Resch of Hillwood Development Co. made a
short presentation for AIL Investment, L.P. There was a question and answer period followed
by any comments from the audience.
Debra Heath asked the applicant to keep the natural feeling in developing the property known as
the Circle T Ranch without having everything so manicured.
Wanda Haskins had several questions concerning the retail mall that is being proposed.
Ike Shupe of Hughes & Luce told the assembly that the developer should not be held
responsible for the traffic coming from off-site that the developer could not control.
Mayor Bradley read the attached letter from Richard Myers of Realty Capital urging the Board
to approve the rezoning application.
Mayor Bradley then closed the Public Hearing at 12:35 a.m. on Tuesday, July 28, 1998.
Chairman Greenwood asked for a motion from the Commission. There was a motion by
Commissioner Redding, seconded by Commissioner Buddy Brown, to recommend to the Board
approval of the request for zoning by AIL Investment, L.P. for planning areas 1, 3-9 subject to
the inclusion of items discussed and agreed upon but not included in the document, the
developer not being held responsible for off-site traffic and also being subject to the drafting of
ordinances by the To-wn's attorneys.
The motion carried unanimously.
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Mayor Bradley asked for a motion from the Board. There was a motion by Alderman Dinsmore,
seconded by Alderman Bradshaw, to accept the recommendation of the Planning & Zoning
Commission subject to drafting of ordinances by the Town's attorneys and including the
following:
i. Zoningamendments establishing Planned Development Districts and approving concept
plans shall be subject to the following general conditions:
a. Water and wastewater utility service adequate to timely support the levels of
development authorized must be assured to the Town's satisfaction and at it's sole
discretion.
b. Boundary disputes with the City of Fort Worth (planning areas 1, 3-8) and (for
planning area 9 only) with the city of Roanoke must be resolved with respect to the
land subject to such disputes.
The motion carried unanimously.
G. Mayor Bradley opened the Public Hearing for the Board of Aldermen and the Planning &
Zoning Commission at 12:43 a.m. to consider amendments to the Land Use Plan of the
Westlake Comprehensive Plan and the Westlake Thoroughfare Plan to conform with the
proposed Planned Development Districts for AIL Investment, L.P. Mayor Bradley opened the
floor to anyone wishing to speak on this matter. No one wished to speak from the audience and
there was a question and answer session among the Aldermen, Commissioners and
representatives of AIL Investment, L.P. Mayor Bradley closed the Public Hearing at 12:48 a.m.
Chairman Greenwood asked for a motion from the Planning and Zoning Commission. There
was a motion by Commissioner Redding to recommend approval of these amendments, subject
to the ordinance being drafted by the Town's attorney, reflecting two text changes concerning
summary uses in the Texas Town and the retail center, and that the right-of-ways illustrated on
the Thoroughfare Plan map are not exact alignments.
The motion carried unanimously.
Mayor Bradley asked for a motion from the Board of Aldermen. There was a motion by
Alderman Loeser, seconded by Alderman Bush, to accept the recommendation by the Planning
& Zoning Commission subject to the following:
i. Comprehensive Plan amendments relating to land use, open space and thoroughfares,
which are consistent with the zoning amendments proposed by AIL, shall be subject to
the following general conditions:
a. Water and wastewater utility service adequate to timely support the levels of
development authorized must be assured, to the Town's satisfaction and at it's sole
discretion.
b. Boundary disputes with the City of Fort Worth (planning areas 1, 3-8) and (for
planning area 9 only) with the City of Roanoke must be resolved with respect to the
land subject to such disputes.
The motion carried unanimously.
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Item #8:Mayor Bradley opened the Public Hearing at 12:55 a.m. by inviting anyone interested to
speak. No one wished to address the Board and the Public Hearing was continued until the special
meeting to be held on August 3, 1998.
Item #12:Mayor Bradley opened the Public Hearing at 12:56 a.m. by asking if there was anyone
wishing to address the Board on this matter. No one wanted to speak and the Public Hearing was
continued until the special meeting to be held on August 3, 1998.
Item #17:Motion by Alderman Bradshaw, seconded by Alderman Dinsmore, to adjourn.
The motion carried unanimously.
The meeting was adjourned at 1:04 a.m.
Sco t Bradley, Mayor
ATTEST:
Ginger �--Osswy, Town Secretary
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