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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. Page 1 of 7 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. http://w,xvw.westlake-tx.org/agendas/am072798.htm 8/13/98 3 6l6nutes of the Board of Aldermen meeting Page 2 of 7 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. http://www.westlake-tx.org/agendas/am072798.htm 8/13/98 Minutes of the Board of Aldermen meeting Page 3 of 3 6 7 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. http://www.westlake-tx.org/agendas/am072798.htm 8/13/98 3 V 18nutes of the Board of Aldermen meeting Page 4 of 7 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. http://www.westlake-tx.org/agendas/am072798.htm 8/13/98 Minutes of the Board of Aldermen meeting Page 5 of 369 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. http://www.westlake-tx.org/agendas/am072798.htm 8/13/98 3 7 inutes of the Board of Aldermen meeting Page 5 of 7 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. http://www.westlake-tx.org/agendas/am072798.htm 8/13/98 Minutes of the Board of Aldermen meeting Page 7 of 371 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 http://www.westlake-tx.org/agendas/am072798.htm 8/13/98