HomeMy WebLinkAbout12-06-05 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING
AGENDA
DECEMBER , 2005
7:00 P.M.
TOWN HALL BOARD
2650 J. T. OTTINGER ROAD
1. CALL TO ORDER.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD OCTOBER 13,2005.
3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN AMENDMENT TO SECTION 102-154 OF THE ZONING
ORDINANCE CONCERNING RESIDENTIAL PARKING OF CERTAIN TYPES
OF VEHICLES, AMENDING THE ALLOWABLE TIME VEHICLES ARE
ALLOWED TO BE PARKED ON RESIDENTIAL LOTS FOR PURPOSES OF
LOADING AND UNLOADING AND PROVIDING FOR A MINIMUM PERIOD
IN WHICH THE TRAILER MAY DE USED FOR SLEEPING PURPOSES.
4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A SPECIAL USE PERMIT FOR A
PRIVATE WATER WELL TO BE LOCATED ON LOT 7 OF THE CARPENTER
ADDITION, 5920 MAHOTEA BOONE TRAIL.
5. ADJOURNMENT.
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 2650 J.T.
Ottinger Road, Westlake, Texas, on Friday, December 2, 2005, at 5:00 p.m. under the Open
Meetings Act, Chapter 551 of the Texas Government Code.
d
Jea winnell, TRMC, CMC, Town ecretary
MINUTES OF THE
TOWN OF WESTLAKE, TE
PLANNING AND ZONING COMMISSION EETIN
OCTOBER 13, 2005
PRESENT: Commissioners Larry Corson, Stan Parchman, and Sharon Sanden
ABSENT: Chairman Bill Greenwood and Commissioner Allen Heath
OTHERS PRESENT: Town Manager Trent Petty, Town Attorney Michael Kallas, Town
Secretary Jean Dwinnell, Town Engineer David McCarver, DPS
Director Don Wilson, and Facilities and Recreation Director Troy
Meyer
1. CALL TO ORDER.
Commissioner Corson called the meeting to order at 7:00 p.m.
2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING
COMMISSION MEETING HELD AUGUST 30,2005.
Commissioner Sanden moved, Commissioner Parchman seconded the motion to approve the
minutes of the Planning and Zoning Commission meeting held August 30, 2005.
There was no discussion and Commissioner Corson declared the motion carried unanimously.
3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATI®N FOR AN AMENDED SITE PLAN ON LOTS 1
AND 2, BLOCK 1 OF WESTLAKE/SOUTHLAKE PARK ADDITION NO. 1,
BEING 20.5 ACRES ON KIRKWOOD BOULEVARD AT SOLANA.
Town Manager Trent Petty explained that the proposed project had been reviewed by staff and
that it meets the Town's requirements with the exception of the signs as depicted, which would
require approval of the Zoning Board of Adjustment.
Discussion ensued regarding the PD-1 zoning and the major elements of the project.
Mr. Tom Allen, representative of McGuire Partners, explained the proposed amended site plan,
advising that First American Real Estate Solutions provides services to the reap estate industry
and that the Westlake location would be a Subsidiary Headquarters.
Mr. Allen explained the history of the building complex, plans for each of the buildings to be
occupied by First American, the glass enclosed connectors between buildings 1 and 2, and 4 and
5, and that First American would occupy buildings 1, 2, 4, 5, and 7 in the complex.
Discussion ensued regarding the parking, access to building S, the building connectors,
landscaping requirements, number of employees, hours of operation, lighting requirements for
parking areas, completion of Kirkwood to Precinct Line Road, the tree protection plan, proposed
road width, handicap parking requirements, fire hydrants, and a future building to be built for
back-up generators.
Commissioner Corson opened the public hearing.
There was no one present wishing to speak and Commissioner Corson closed the public hearing.
Commissioner Sanden moved to approve the application for an amended site plan on Lots 1 and
2, Block 1 of Westlake/Southlake Park Addition No. 1, being 20.5 acres on Kirkwood Boulevard
at Solana conditioned upon compliance with the Town's sign ordinance.
Commissioner Parchman seconded the motion.
There was no further discussion and Commissioner Corson declared the motion carried
unanimously.
4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN APPLICATION FOR A PRELIMINARY PRAT ON FIVE
LOTS IN THE COWGIRL NC ESTATES, BEING 6.260 ACRES, LOCATED
AT 1559 DOVE ROAD.
Town Manager Trent Petty explained that the proposed project had been reviewed by staff and
that it meets the Town's requirements including 20' right-of-way dedications except on Randall
Mill where only 15' right-of-way dedications were necessary to accommodate a future traffic
round-a-bout.
Discussion ensued regarding the driveway locations,the stock pond, easements, and drainage.
Commissioner Corson opened the public hearing.
There was no one present wishing to speak and Commissioner Corson closed the public hearing.
Commissioner Parchman moved, Commissioner Sanden seconded the motion to approve the
application for a preliminary plat on five lots in the Cowgirl Ranch Estates, being 6.260 acres,
located at 1559 Dove Road.
There was no further discussion and Commissioner Corson declared the motion carried
unanimously.
5. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING A FINAL PLAT ON FIVE LOTS IN THE COWGIRL RANCH
ESTATES, BEING 6.260 ACRES,LOCATED AT 1559 DOVE ROAD.
Town Manager Trent Petty explained that the proposed project had been reviewed by staff and
that it meets the Town's requirements.
Commissioner Corson opened the public hearing.
There was no one present wishing to speak and Commissioner Corson closed the public hearing.
Commissioner Sanden moved, Commissioner Parchman seconded the motion to approve the
final plat on five lots in the Cowgirl Ranch Estates, being 6.260 acres, located at 1559 Dove
Road.
There was no discussion and Commissioner Corson declared the motion carried.
6. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION
REGARDING AN AMENDED SITE PLAN ON LOT 1, BLOCK 1, WESTLAKE
MUNICIPAL COMPLEX ADDITION, BEING 24.59 ACRES, LOCATED AT 2650
J. T. OTTINGER ROAD.
This item was removed from the Agenda by the applicant until review by the Zoning Board of
Adjustment.
7. ADJOURNMENT.
Commissioner Sanden moved, Commissioner Parchman seconded the motion to
adj ourn.
The motion carried and Commissioner Corson declared the meeting adjourned at 8:02
p.m.
Larry Corson, Commissioner
ATTEST:
Jean Dwinnell, TRMC, CMC, Town Secretary
Town of Westlake
Memo
To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission
From: Trent Petty, Town Manager
Subject: Regular Meeting of December 6, 2005
Date: December 1, 2005
ITEM:
Conduct a Public Hearing and consider an Ordinance amending Section 102-154, of the
Zoning Ordinance concerning Residential Parking of certain types of vehicles, amending
the allowable time vehicles are allowed to be parked on residential lots for purposes of
loading and unloading and providing for a minimum period in which the trailer may be
used for sleeping purposes.
BACKGROUND:
The intent of the amendment is to extend the loading and unloading time period for
trailers, motor homes, trucks, camper cabins, motorcycles, boat, farm machinery, or
similar equipment from the current 24 hours to 72 continuous hours.
In addition,the amendment allows for the temporary use of campers and RV's to be used
for sleeping quarters for a period not to exceed 10 days. The ordinance currently prohibits
sleeping in a stored RV. Finally, the amendment updates the penalty clause in
accordance with the recommendation of the Town attorney and state law.
Since this amendment is an amendment to the Zoning Ordinance, a public hearing is
required.
ZONING § 102-154
Time of Day Office Retail Restaurant TOTAL
12:00 noon —1:00 0.90 x 167 = 150 1.00 X 100 = 100 0.70 x 178 = 125 375
p.m.
1:00 p.m. — 4:00 0.97 x 167 = 162 0.97 x 100 = 97 0.60 x 178 = 107 366
p.m. 0.90 X 178 = 160 320
4:00 p.m. — 6:00 0.47 x 167 = 78 0.82 x 100 82
p.m. 178 = 178 279
6:00 p.m.— 8:00 0.07 x 167 = 12 0.89 x 100 89 1.00 X
p.m.
8:00 p.m. — 12:00 0.03 x 167 = 5 0.61 x 100 = 61 1.00 x 178 = 178 344
midnight
4. Parking Required = 375 spaces (highest total for any time period). This is a reduction of 70
spaces (15.7 percent) over the individual parking requirements.
(3) Off-site parking agreement. (d) Lighting of parking and loading areas.
a. When the required off-street park- (1) Spillover lighting. All lighting facilities
ing spaces are not located on the shall be so arranged as to reflect the
same lot with the building or use illumination away from any adjacent prop-
served or when the required off- erty. Such lighting facilities shall provide
street parking spaces are provided illumination within parking areas not to
collectively or used jointly by two or exceed a maintained average of one
more establishments,a written agree- footcandle at ground level, and shall dis-
ment which ensures the retention of tribute not more than two-tenths of one
such spaces for this purpose, and for footcandle of light upon any adjacent res-
a period of not less than two years, idential property.
shall be drawn and executed by the
parties concerned, approved as to (2) Lighting as a nuisance or safety hazard.
form by the town attorney, and filed All lighting facilities shall be placed,
with the application for a building masked or otherwise arranged such that
permit or certificate of occupancy if a illumination or glare shall not intrude on
change in use is involved. residential property or create a hazard to
b. If the off-site parking is terminated motorists on any street, alley or other
for any reason,then alternative park- public way.
ing meeting the standards of this (e) Pay parking lots. No charge may be made
article shall be acquired,or the prop- for at-grade visitor parking spaces.
erty shall lose its certificate of occu- (UDC 1994, art. VI, § 3)
pancy.
(4) Parking in front yards of residential and Sec. 102-154. Residential parking.
agriculture. No required off-street park-
ing space shall be located in the required For lots less than five acres the following
front yard in any residential or agricul- provisions shall apply:
tural district. (1) Storage of vehicles. On lots less than five
(5) Parking in front yards of nonresidential. acres,trailers,motor homes,trucks,camper
In any nonresidential district, the re- cabins, motorcycles, boats, farm machin-
quired off-street parking space may be ery, or similar equipment, shall not be
located in the required front yard. parked or stored on any residential or
CD102:31
§ 102-154 WESTLAEE CODE
agricultural lot or the adjacent street ex- (3) Land uses. Because land uses are listed
cept when in conformance with one of the under "Permitted Uses" in the accompa-
following provisions: nying schedule does not mean that all
a. Such equipment shall be wholly con- such uses are permitted within the town.
tained in an enclosed garage or car- Please refer to article III of this chapter
port; or for permissible uses.
b. Such equipment shall be screened
from view of public rights-of-way and (c) Off-street parking standards.
adjoining properties. Equipment
taller than eight feet above grade (1) Head-in parking. An off-street parking
shall respect the building setback space shall not be located on a public
lines.If located on a lot which is less street or alley. Head-in parking adjacent
than two acres,it shall be parked on to a public street wherein the maneuver-
an approved driveway. ing of the vehicle in parking or leaving a
(2) Loading and unloading. Notwithstanding parking space is done directly onto a pub-
other requirements of this section, such lic street, shall not be allowed in nonres-
equipment may be parked anywhere on a idential zoning districts nor shall it be
residential,agricultural or commercial pre- allowed in conjunction with multifamily
mises not to exceed 24 hours for the residential land uses.
purpose of loading and unloading only.
(3) Living or sleeping. No such equipment (2) Parking spaces and aisle surfaces. All
shall be used for living, sleeping or house- parking spaces, aisles and maneuvering
keeping purposes when parked or stored areas shall have an all-weather surface,
on any lot not approved for such purposes. whether enclosed or unenclosed,and shall
(UDC 1994, art. VI, § 4) be connected by an all-weather surfaced
driveway to a street or alley.
Sec. 102-155. Off-street parking require-
ments. (3) Parking spaces and aisle dimensions. All
(a) Generally. The Parking Requirement Sched- parking spaces and aisle dimensions shall
ule in Figure 3 establishes parking requirements conform to Figure 5 Off-Street Parking
for all zoning districts. Standard Diagram unless specifically ap-
proved by the town engineer.
(b) Conventions used in parking requirement
schedule. (4) Site access for vehicles. Access to a lot or
(1) Square feet. The abbreviation%1"means tract shall conform to the driveway design
gross square feet of building, unless oth- standards in the town's Engineering Stan-
erwise noted. dards. A driveway conforming to town
(2) Site area parking requirements. The park- driveway design standards shall be con-
ing requirement for a use of site area is structed for each approved access point.A
based on the net site area exclusive of permit must be obtained from the town to
parking and buildings. construct a driveway within the town.
FIGURE 3 PARKING REQUIREMENT SCHEDULE
Permitted Use Proposed Requirement
AGRICULTUPLAL USES
Orchard No requirement
CD102:32
MEMO
TO: Chairman Bill Greenwood and Members of the Planning and Zoning
Commission
FROM: Trent Petty, Town Manager
SUBJECT: Meeting of December 6,2005
DATE: November 18, 2005
Item
Conduct a Public Hearing and take appropriate action regarding an application for a
specific use permit for a private water well at 5920 Mahotea Boone Trail; Lot 7 of the
Carpenter addition.
Recommendation
Staff recommends approval.
Background
The operation of private water wells supports the policy of the Town to provide for an
aesthetic living environment that promotes the development of green spaces, the
preservation of trees, and the maintenance of a rural setting. The extensive landscaping,
tree preservation and mitigation policies of the Town are in fact dependent on the ability
of the development community to maintain the living material in a healthy state. This
requires that an alternative source of water, other than public water supply, be utilized
with a larger tract of land.
From a planning perspective the siting of a water well should address land use
considerations such as compatible land uses, adverse performance impacts, and
accessibility. There is ample opportunity to screen the site from adjacent property. In
fact, water wells of this type are normally very low in profile and are usually screened by
natural trees and vegetation.
We do not see the need for dedicated rights-of-way or easements for the access roads,
however, the applicant should illustrate how the well will be serviced so as not to
interrupt neighboring property owners.
As the Town considers the application for a Specific Use Permit (SUP) for a water well,
it is important that we establish the appropriate standard of review. Specific Use Permits
are generally applied to uses that encompass intensity levels of a type which require
special treatment or location to ensure compatibility with surrounding properties and
uses. As an example, a convenience store with high traffic volumes and significant
outside lighting, should only be allowed adjacent to residential homes when its harmful
elements can be alleviated or compensated for by landscape screening, access
restrictions, low-glare lighting, or the like. Allowing such a use "by right" would not
allow for individual consideration of those factors. Conversely, prohibiting the use
entirely would result in certain necessary uses being located only in areas where the use
is impractical. Matters such as those discussed above constitute the proper standard of
review when considering this SUP application. As is explained below, however,
concerns about the protection of the Town's underground water supply are not a
permissible basis for the denial of an SUP for a water well.
The State of Texas operates under the same rule of capture with respect to both its water
and petroleum resources. That rule can be best summarized by the most definitive Texas
Supreme Court case on the issue of water use when it ruled as follows:
absent malice or willful waste, landowners have a right to take all the water they
can capture under their land and do with it whatever they please, and they will not
be liable for their neighbors even if in so doing they deprive their neighbors of the
water's use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76
(Tex. 1999).
That decision, which makes clear that neither the Town nor the courts can regulate the
amount of water taken from wells, is based on the premise that the Texas legislature has
specifically reserved to itself the authority to establish rules regarding groundwater. Id.
At 77. The legislative structure regarding the rule of capture has been in place since 1904.
Id. At 78. In light of the existing precedent on this matter, the Planning and Zoning
Commission and the Board should limit their review to the compatibility of the proposed
use with the surrounding properties and uses.
This property, owned by Joseph Hagman, consists of 3.17 acres and is currently zoned
for 2 acre rural residential, single family residence. This SUP request is for a private
water well to be used for landscaping and irrigation purposes. The homeowner did
mention, upon submittal of the application, that he would also like to consider additional
use for potable water at a later date. Staff informed the homeowner that additional
measures will need to be taken to reduce/eliminate the possibility of a cross-connection
or backflow situation. This is a requirement under state law and the Town's adopted
residential plumbing codes.
This well will consist of a 5 hp pump with a 4 1/2" casing and a drilling depth of 700 feet
into the Paluxy formation.
In summary, the SUP application filed by Joseph Hagman for 5920 Mahotea Boone Trail
should be considered based only on any potentially harmful impact its location and
placement might have on adjacent properties and uses, exclusive of any consideration of
groundwater conservation. In light of the location of the subject water well, and its
limited potential impact on surrounding properties and uses based on proximity to
adjacent septic systems. Staff recommends approval for landscaping and irrigation
purposes only. Approval for potable water use will require verification of proper
separation of septic fields and the water well via in inspection performed by the Town
Building Official and Town Public Works Superintendent following which written
notification must be received by the applicant granting authority for potable use.
Attachments
Application and site plan
11
t-inch iron
pipe fowl
T.B.M.P.K.110 fowd
Elevation=115.24' ahotea Boone Trail
(60 foot right-of-way)
5/9-in6 iron
rod found
s
-i
i
40' 20' 0
DRAWING SCALE: V= 40
NUMBER
RADIUS
ARC LENGTH
DELTA ANGLE
CHORD BEARING
CHORD LENGTH
C1
60,00
76,37
72°55'36"
S36°21'22°W
71.32
C2
60.00
82.78
79°03'07"
N69°20'33"E
76.37
C3
60A0
74,44
71°05'08"
S35°39'11"E
69,76
C4
60.00
80,76
77°07'07"
N68°41'48"W
74,80
Notes:
1.This Survey was prepared without benifit of Commitment of Title.
2.Elevations shown hereon are assumed.
3.Easements shown hereon are per plat for Carpenter Addition,recorded
in Volume 388-120,Page 190,Plat Records Tarrant County,Texas.
Lot
Camenter Addition
T),7- 1.2-