HomeMy WebLinkAbout02-28-08 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
AGENDA
February 28, 2008
7:00 pm
WESTLAKE CIVIC CAMPUS - BOARD ROOM
2600 J. T. OTTINGER ROAD
1. CALL TO ORDER.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON JANUARY 24, 2008.
3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR AN AMENDMENT TO ORDINANCE 202,
WHICH CREATED THE ZONING DISTRICT FOR PLANNED DEVELOPMENT 1
(PD1), OWNED BY MAGUIRE PARTNERS-SOLANA LP, IN THE
WESTLAKE/SOUTHLAKE ADDITION NO. 1; ADDING ADDITIONAL ACREAGE
TO PD1, APPROXIMATELY 84.25 ACRES OF LAND IN THE C.M. THROOP
SURVEY, ABSTRACT NO. 1510 AND THE W. MEDLIN SURVEY, ABSTRACT
1958, TARRANT COUNTY, TEXAS; AND APPROXIMATELY 85.91 ACRES OF
LAND IN THE C. M. THROOP SURVEY, ABSTRACT NO. 1510, THE W. MEDLIN
SURVEY, ABSTRACT NO. 1958, THE WILLIAM PEA SURVEY, ABSTRACT NO.
1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT NO. 742, TARRANT
COUNTY, TEXAS; GENERALLY LOCATED AT THE SOUTHEAST CORNER OF
SH 114 AND PRECINCT LINE ROAD.
4. ADJOURNMENT.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
January 24, 2008
PRESENT: Chairman Bill Greenwood, Commissioners Tim Brittan, Walter Copeland, Allen
Heath, and Sharon Sanden.
ABSENT: None.
OTHERS PRESENT: Executive Assistant Ginger Awtry, Town Secretary Kim Sutter, DPS
Director Don Wilson, and Planning and Development Director Eddie
Edwards.
1. CALL TO ORDER.
Chairman Greenwood called the meeting to order at 7:03 p.m.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD ON DECEMBER 3, 2007.
Chairman Greenwood introduced the item and asked for a motion.
MOTION: Commissioner Heath made a motion to approve the minutes as presented.
Commissioner Sanden seconded the motion. The motion carried by a vote of
5 -0.
3. 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 2020 POST OAK PLACE;
VAQUERO - ARTHUR ADDITION, PHASE 3; LOT 26, BLK K.
Planning and Development Director Edwards presented the case to the Commission. Mr.
Edwards advised the Commission that staff is recommending approval with the condition
that the well head be placed outside of any easements and meets the requirements of the
Vaquero Homeowners Association.
Town of Westlake
Planning and Zoning Commission Meeting
January 24, 2008
Page 2 of 2
Discussion ensued with regard to screening the well from view and setback requirements.
Mr. Edwards advised the Commission that setback requirements are not applicable as the
well is not being housed in a structure.
David and Sharon Gibbs, applicant and owners, were present to address questions from the
Commission.
Chairman Greenwood opened the public hearing.
There being no one present wishing 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 Copeland made a motion to recommend approval of the SUP
as presented. Commissioner Brittan seconded the motion. The motion
carried by a vote of 5 -0.
4. ADJOURNMENT.
There being no further business to come before the Commission, Chairman Greenwood
asked for a motion to adjourn the meeting.
MOTION: Commissioner Brittan made a motion to adjourn the meeting. Commissioner
Sanden seconded the motion. The motion carried by a vote of 5 -0.
Chairman Greenwood adjourned the meeting at 7:10 p.m.
Approved by the Planning and Zoning Commission on the 28th day of February 2008.
William E. Greenwood, Chairman
ATTEST:
Kim Sutter, TRMC, Town Secretary
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
From: Joe C. Hennig, Interim Town Manager
Eddie Edwards, Director of Planning and Development
Subject: Regular meeting of February 28, 2008
Date: February 20, 2008
ITEM
Conduct a Public Hearing and take appropriate action regarding an application for an
amendment to Ordinance 202, which created the zoning district for Planned Development
1 (PD -1), owned by Maguire Partners - Solana LP, in the Westlake /Southlake Addition No.
1; adding additional acreage to PD -1, approximately 84.25 acres of land in the C.M.
Throop Survey, Abstract No. 1510 and the W. Medlin Survey, Abstract 1958, Tarrant
County, Texas; and approximately 85.91 acres of land in the C. M. Throop Survey,
Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey,
Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas;
generally located at the Southeast corner of SH 114 and Precinct Line Road.
BACKGROUND
The applicant desires to rezone approximately 184.32 acres (Tract 2A at 84.25, Tract 2B
at 85.91, plus 14.16 acres of ROW to be dedicated), generally located at the Southeast
corner of SH 114 and Precinct Line Road, and North of Dove Road. (See enclosed site
plan.) This property is adjacent to the applicant's property, 251.757 acres, which is
currently zoned PD -1. Their desire is to have all of their contiguous property governed
by the same regulations. In addition to expanding the area regulated by PDA, the
applicant also desires to amend the regulations contained in PD 1 to permit a higher
maximum building height from 700 feet MSL to 735 feet MSL. Variations in grade
elevation on this property are cited as the basis for this request.
By amending the boundaries of the PDA area the newly encompassed area will change
from "O" Office Park zoning to PD -l. The sections pertaining to setbacks are being
amended to clarify or confirm that the property being added to PD -1 would be required to
meet the setback requirements of the current zoning ordinance as opposed to the 500 foot
setback from residential property required for property already in the PDA area. In other
words, the setbacks applicable to the area being rezoned will not change. Additionally,
we are taking this opportunity to clean up wording and sections that are obsolete or make
reference to ordinances or code sections that have been codified or amended. (See
proposed PD -1 with strikeouts for deletions and underlines for additions.)
ACTION REQUESTED:
Make a recommendation to the Westlake Board of Aldermen for approval of the
proposed amendments to Ordinance #202, PD -1.
APPROVE BY•
Director of Planning & elopment
4LA\x� / / /:
T ,n anager' Ice
PD -1 Amendment
Attachments / Enclosures
1. Application.
2. Proposed ordinance.
3. Zoning map for subject property.
4. Exhibit "A" Tract 2B.
5. Exhibit "A" Tract 2A.
6. NCTCOG aerial map with elevations.
TOWN OF WESTLAKE ORA.&r
ORDINANCE NO. (Proposed)
AN ORDINANCE AMENDING ORDINANCE 202, WHICH CREATED THE
ZONING DISTRICT "PD -1" AS AMENDED BY ORDINANCE 202 -01 ON
NOVEMBER 13, 2000; AMENDING SECTIONS 3, 4, AND 5, DELETING
SECTION 8 AND RENUMBERING SECTION 5 AS SECTION 4, SECTION 6 AS
SECTION 5, SECTION 7 AS SECTION 6, SECTION 9 AS SECTION 7, SECTION
10 AS SECTION 8, AND SECTION 11 AS SECTION 9. PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE;
PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on November 16, 1992, based upon the recommendation of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating
"PD -1 ", and
WHEREAS, on November 13, 2000, based on the recommendation of the
Planning and Zoning Commission, the Board of Alderman of the Town of Westlake,
Texas amended Ordinance 202, and
WHEREAS, an analysis of the Town's codes and regulations has determined that
an amendment to these codes and regulations are required in order to protect the health,
safety, and welfare of the Town and to comply with the development goals for low
density residential development; and
WHEREAS, on February , the Planning and Zoning Commission of
the Town of Westlake has recommended that Ordinance 202 as amended be revised in
accordance with the procedures and processes established in the Code of Ordinances for
the Town; and
NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF
THE TOWN OF WESTLAKE, TEXAS:
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SECTION 1: That the recitals set forth above are hereby incorporated herein;
adopted by the Town and found to be true and correct.
SECTION 2: That Ordinance 202 ( "PD -1 "), as amended, of the Town of
Westlake, Texas be amended by amending the first paragraph of Part II as follows:
That Ordinance No. 200, the Comprehensive Zoning Ordinance of 1992,
is hereby amended, as envisioned by such ordinance, by adding Plan Development
District number 1 ( "PD -1 ") within the property described in Exhibits "A" and "A -1 ",
attached hereto and incorporated herein by reference for all purposes, to the
Comprehensive Zoning Ordinance. PD -1 will be subject to the following zoning
provisions.
SECTION 3: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by amending Section 3, Subsection B as follows:
B. The maximum percent of PD1 to be occupied by (i) principal use
buildings shall be ten percent (10 %) of the land area (as defined below), excluding court
yards, atria, etc. not enclosed within the buildings. Parking garages shall not be included
in the calculation of density or site coverage. For these purposes PD 1 shall be deemed to
have 251.757 436.077 acres of land area which is its original acreage, plus the additional
acreage added by this amendment, before donations for roadways except for right of way
within PD1 donated for S.H. 114.
SECTION 4: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by amending Section 3, Subsection C as follows:
C. The minimum size of any front, side or rear yard for principal and
accessory use buildings, with the exception of Lot 1R2 of Block 2 which shall be as
shown on the replat of Lot 1R2 of Block 2 of Westlake /Southlake Park Addition No. 1,
shall be:
1. One hundred (100) feet from any public road, street or
highway, except for the building located immediately adjacent to the intersection of Sam
School Road and weed Solana Boulevard, for which building the setback shall be
eighty (80) feet;
2. The minimum setback from State Highway 114 shall be
two hundred (200) feet;
3. Five hundred (500) feet from any residentially zoned area
for the property described in Exhibit "A ";
4. In accordance with Section 102- 124(b)(2)(b) of the Code of
Ordinances for the property described in Exhibit "A -1 "; or
5. Otherwise, setbacks shall be one hundred (100) feet for side
yards, and one hundred (100) feet for rear yards.
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SECTION 5: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by amending Section 3 as follows:
E. The maximum permitted building height for any principal or
accessory building should not exceed seven hundred and thirty five (735) feet above
mean sea level.
SECTION 6: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering and amending Section 5 as follows:
Section 5 4. Requirement of a Comprehensive Site Plan. Notwithstanding
any provision in the Zoning section of the Code of Ordinances addressing the form of site
plans, the comprehensive site plans for certain of the areas covered by PDA, which are
attached hereto as Exhibits "B ", "C ", "D ", and "E" (collectively, the "Existing Site
Plans" or individually an "Existing Site Plan ") are hereby reapproved by the Town of
Westlake and declared to be in conformance with the Zoning section of the Code of
Ordinances. The Plans f f Westlake. Seuthl„1.° Palk an addifien toxin T—ew-H e
Westlake as filed- in Veltime - X8-8- 214, Pages 78 -79 of the Map and P1„+ Deeefd v=
Tarfant County, Texas, as modified by plat filed in Cabinet A, Slide 293, of the Map
r- zin ceEe" County, Texas -- (the rcrciirren") —p° s anttYL
"F' attaehed
hefete and appfoximate gross building square feetages as feft Exhibit "CI
u«ue- hcd — rzerete; - ear- of wneh exhibits afe ineer-pefated hefci= r- bj r-e€efeiice-- €er—an
pu�eses. Any development within PD -1 not materially in accordance with the Existing
Site Plans will require the submission and approval of a new PD site plan in accordance
with Section 102 -268 of the Zoning section of the Code of Ordinances for such new,
additional or substantially changed development, provided in no event shall the site
coverage by principal buildings be more than ten percent (10 %) as set forth in Section 3B
above.
SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering Section 6 of Ordinance 202 ( "PD -1") as Section 5.
SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering Section 7 of Ordinance 202 ( "PD -1") as Section 6.
SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by deleting Section 8.
SECTIONS: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering Section 9 of Ordinance 202 ( "PD -1 ") as Section 7.
SECTION 9: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering Section 10 of Ordinance 202 ( "PD -1") as Section 8.
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SECTION 10: That Ordinance 202 (PD -1), as amended, of the Town of Westlake,
Texas be amended by renumbering Section 11 of Ordinance 202 ( "PD -1 ") as Section 9.
SECTION 11: Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board of Aldermen hereby
declares that it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 12: This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulations of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 13: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall
be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000)
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 14: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, ON THIS DAY OF , 200
ATTEST:
, Mayor
, Town Secretary , Town Manager
APPROVED AS 1.0 FORM:
L. Stanton Lowry, Town Attorney
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TOWN OF
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used to gather this information. Every effort
www.dfwmaps.com was made to ensure the accuracy of this
data, however, no guarantee is given or
implied as to the accuracy of said data.
I of 1 2/22/2008 4:21 PTV