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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-