Loading...
HomeMy WebLinkAbout06-02-86 1 PZ MinJENKENS, HUTCHISON & GILCHRIST ATTORNEYS AT LAW 2200 INTERFIRST ONE 14850 MONTFORT DRIVE DALLAS, TEXAS 75202-2910 SUITE 290 (214) 653-4500 DALLAS, TEXAS 75240-7518 3900 FIRST CITY CENTER DALLAS, TEXAS 75201-4822 (214) 991-1590 (214) 754-8600 TELECOP1ER (214( 991-3486 WRITER'S DIRECT DIAL NUMBER June 9, 1986 Mrs. Gerry White, Secretary Town of Westlake Box 501, Dove Road Roanoke, Texas 76262 Dear Gerry: 1600 ONE AMERICAN CENTER POST OFFICE BOX 2987 AUSTIN, TEXAS 78769-2987 (5121 478-7100 1108 LAVACA STREET, SUITE 400 AUSTIN, TEXAS 78701-2118 (512) 477-4121 3850 TEXAS COMMERCE TOWER HOUSTON, TEXAS 77002-2909 (713) 227-2700 This will confirm that on June 2, 1986 the Planning & Zoning Commission of the Town of Westlake conducted a public hearing concerning a preliminary plat for the "Westlake/Southlako Park" (the "Project") filed by International Business Machines Corporation and Maguire/Thomas Partners - IBM Corporation Joint Venture (the "Developer"). The meeting was held at the Bradley Ranch commencing at 5:00 p.m. and ending at 8:30 P.M. The following persons were in attendance: Scott Bradley (Chairman, Planning & Zoning Commission); B. J. Minyard (Member, Planning & Zoning Commission); Jack Nottingham (HKS Architects); Norm Aspis (Maguire/Thomas Partners); Ed Walts (Attorney, Strasburger & Price); Craig Henderson (Law Clerk, Strasburger & Price); Tim Fisher (Metroplex Engineering Corporation); Bud Hauptmann (Metroplex Engineering Corporation); Jim Williams (Carter & Burgess Engineers); Johnnie M. Hauptmann (Broker); and Albert Huddleston (Representative of Nelson Bunker Hunt). It was noted at the outset of the meeting that the filing fee for the preliminary plat had not been paid. The Commission noted a possible error with respect to the area of the plat represented by the properties formerly owned by Leo Fikes, Ted Elder and Billy Foster. The preliminary plat indicates a "low density residential" zoning on that portion of the plat. The Commission believes that such properties previously were rezoned by the Town's Board of Aldermen as "P -Planned Office Park." If such is the case, the plat should be revised to reflect the appropriate zoning. JENKENS, HUTCHISON 8c GILCHRIST Mrs. Gerry White, Secretary Town of Westlake June 9, 1986 Page 2 The Commission unanimously voted to recommend that the Board of Aldermen grant conditional approval of the IBM plat. The conditions are as follows: 1. Developer shall prepare for submittal and review a Utility master plan which will consider the relationship of the Project to the provision of utilities in the future to the rest of the Town. For example, utility rights-of-way dedicated within the Project should be adequate to provide for the passage of sewer lines, water lines, etc_ through the Project in such a fashion that the Town in the future will not be hindered in furnishing various utilities to the rest of the Town through the Project.. 2. Developer with the concurrence of Al Oien shall obtain from the Board of Aldermen a variance from the provision of Ordinance No. 143 which specifies a minimum front, side or rear yard setback of 500 feet from any low density residential district, as it pertains to a possible violation of such set -back requirement measured in a radius from the northeast corner of Mr. Mien's property. The 500 foot radius setback from the northeast corner of the Oien property would appear to affect a portion of the southern end of Block 2. 3. Developer shall prepare a plan specifying the phasing of the infrastructure improvements, which plan shall be furnished to the Board of Aldermen for review and approval prior to preparation of engineering plans. 4. Developer shall obtain the approval of the Board of Aldermen for the geometry of its parkway boulevard. According to the Town's engineer, the proposed road geometry violates the current reverse curve separation criteria found in Subdivision Ordinance No. 106. The Commission felt that the proposed geometry would create a much more aesthetically pleasing roadway than would be the case if the Developer rigidly adhered to the existing criteria. The Commission, was of the opinion JENKENS, HUTCHISON & GILCHRIST Mrs. Gerry White, Secretary Town of Westlake June 9, 1986 Page 3 that the variance should be granted and a maximum speed limit of 35 miles per hour should be established for the parkway boulevard. 5. Developer shall execute and deliver to the Town its commitment to provide upon request of the Town appropriate improvements to perimeter roads affecting the Project, namely Precinct Line Road and Dove Road. The Commission felt that it is appropriate for Developer to bear the cost of perimeter road improvements necessary to adequately service the Project. However, since the Town has not yet established a master plan showing the alignment of Dove Road, it would be inappropriate -to commence construction of such improvements until the Town has determined the appropriate alignment. 6. The alignment of Precinct Line Road as shown on the plat shall be realigned. While the Commission felt that the realignment of Precinct Line Road's intersection with State Highway 114 is appropriate, the Commission further felt that Precinct Line Road should curve southwesterly from its intersection with State Highway 114 to resume its existing alignment at the northeast corner of the Scott Bradley ranch. It appeared from the discussion that the alignment shown on the preliminary plat was arrived at through negotiations between International Business Machines Corporation and Nelson'Bunker Hunt. There did not appear to be any engineering justification for the realignment away from the Bradley ranch, i.e., the alignment as proposed was based not upon engineering constraints but solely upon arbitrary negotiations between International Business Machines Corporation and Nelson Bunker Hunt, and without any consultation with Mr. Bradley, the Planning & Zoning Commission or the Board of Aldermen. As proposed, the alignment would serve only to deprive the Bradley ranch of more than one-half of its frontage on Precinct Line Road. The Commission felt that it was not fair to permit an unnecessary realignment which deprives a Town resident of existing frontage. JENKENS, HUTCHISON & GILCHRIST Mrs. -Gerry White, Secretary Town of Westlake June 9, 1386 Page 4 It should be noted that Mr. Bradley spoke in opposition to the proposed alignment in his capacities as citizen and landowner because of his personal interest in the result. In the event any of the above conditions for approval of the preliminary plat may not be imposed under state law, then the commission recommends disapproval of the plat for all of the reasons stated above. With best regards, I remain Very truly yours, Scott Bradley, C firman Planning & Zoning Commission Town of Westlake, Texas SB:lr CC: Honorable Dale White Mayor, Town of Westlake Board of Aldermen Town of Westlake Ms. B. J. Minyard William E. Walts, II, Esq.