Loading...
HomeMy WebLinkAbout06-28-07 PZ Agenda Packet 4 TOWN OF WESTLAKE, TEXAS PLANNING I NG COMMISSION MEETING AGENDA June 28, 2007 7:00 P.M. WESTLAKE CIVIC CAMPUS - BOARD 2650 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 17,2007. 3. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR A MINOR -PLAT AT 1865 POST OAK PLACE; ON APPROXIMATELY 1.06 ACRES OF LAND FROM THE MEMUCAN HUNT SURVEY, GENERALLY KNOWN AS VAQUERO PHASE 2B RESIDENTIAL ADDITION, LOT 4R, BLOCK E. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING A ZONING CHANGE RE QUEST TO A RESIDENTIAL PLANNED DEVELOPMENT WITH RELATED SITE PLAN FOR THE FOUR TRACTS OF LAND DESCRIBED AS FOLLOWS. 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD, CURRENTLY ZONED OFFICE PAIR'_K; 2') CHARLES M THROOP, A 1510, Tr ID03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD, CURRENTLY ZONED SIDENTIAL-1 ACRE MINIMUM; 3) TW MANN,A 1107, Tr 1133 & A 1510, Tr 1D1 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2695 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED SIDENTIAL-1 ACRE MINIMUM. 5. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS FOLLOWS: 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD; 2) CHARLES M THROOP, A 1510, Tr 1B03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr IB3 & A 1510, Tr IBI BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES NIT LOOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. 6. CONDUCT A PUBLIC HEARING AND CONSIDER AN APPLICATION FOR AN AMENDMENT TO THE CONCEPT PLAN IN PLANNED DEVELOPMENT 1, OWNED BY MAGUIRE PARTNERS, IN THE WESTLAKE/SOUTHLAKE ADDITION NO. 1; LOT 1, BLOCK I ON APPROXIMATELY 7.42 ACRES OF LAND GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 114 AND SOLANA BOULEVARD. 7. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, and Westlake Civic Campus, 2650 J.T. Ottinger Road, Westlake, Texas, on Monday, June 25, 2007, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING IS May 17, 2007 PRESENT: Chairman Bill Greenwood, Commissioners' Tim Brittan, Walter Copeland, Allen Heath, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Trent Petry, Town Attorney Michael Kallus, Town Secretary Kim Sutter, Facilities and Recreation Director Troy Meyer, Public Works Superintendent Jarrod Greenwood, DPS Director Don Wilson, Executive Assistant Ginger Awtry, and Town Engineer David McCarver. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 7:00 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON APRIL 12, 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. �. 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 2255 KING FISHER DRIVE; VAQUERO PHASE 2; LOT 7, BLIP B. Town Manager Petty introduced the item and advised the Commission that the applicant has complied with all submittal requirements and staff is recommending approval. Town of Westlake Page 3 of 5 Planning and zoning Commission Meeting May 17,2007 Mr. Spain advised that a recommendation from the Commission to change the development to provide for two-thirds of the lots being one (1) acre in size with one-third being less than an acre is acceptable. Town Attorney Michael Kallus advised that the change is too significant and would require renotice and republication. Pat Cockrum, 1825 Broken Bend Drive, inquired as to who would be responsible for the maintenance of the open space. He also expressed his support for one-acre lots. Town Manager Petty advised that the homeowner's association would be responsible for the maintenance of the open space. There being no others requesting to speak, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Sanden made: a motion to close the public hearing. Commissioner Heath seconded the motion. The motion carried by a vote of 5-0. Commissioner Greenwood declared the public hearing closed and asked for a motion. MOTION: Commissioner Greenwood made a motion to reject the zoning change request without prejudice. Commissioner Brittan seconded the motion. The motion carried by a vote of 5-0. 5. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS FOLLOWS: 1) CHARLES M T LOOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD; 2) CHARLES M T LOOP,A 1510, Tr 11303 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL LOAD; 3) TW MANN,A 1107, Tr 1133 & A 1510, Tr I111 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL LOAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. Town Manager Petty advised that this item is a companion item to Item 4, and with the denial of the zoning change request, the preliminary plat must be denied. MOTION: Commissioner Heath made a motion to recommend denial of the preliminary plat. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. Town of Westlake Page 5 of 5 Planning and Zoning Commission Meeting May 17,2007 ROAD, DESCRIBED AS PLANNED DEVELOPMENT E+LOPME1vT 2 AND KNOWN AS I+IDELITY. " � ° " mown 1Vfanage�I'et y in roducec the case affd a`dvise I1 at e plat meefs the'°Town s "� ti standards. Mr. Petty advised that staff has requested that it be noted on the plat that the drainage easements are private and shall be maintained by the owner. Town Engineer David McCarver was present to address any questions of the Commission. MOTION: Commissioner Heath made a motion to recommend approval of the preliminary plat. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 8. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Britian made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 8:23 p.m. Approved by the Planning and Zoning Commission on the 28th day of June 2007. William E. Greenwood, Chairman ATTEST: Kim Sutter, TIRMC, Town Secretary — �r 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 June 28, 2007 Date: June 25, 2007 ITEM 1) Conduct a Public Hearing and take appropriate action regarding a zoning change request and related site plan for the following parcels of land: From R-1 Residential to PD—Planned Development residential district at: ® 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1 BO3, Charles M. Throop Survey. i 2698 Sam School Rd., being approximately .94 acre parcel described as Lot Al 107 Tr 1B3 & A 1510 Tr 1B1, TW. Mann Survey. ® 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1510 Tr 7A01, Charles M. Throop Survey. -- ® West side of Sam School Rd., '/z mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1 B2 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. And from O—Office Park to PD—Planned Development residential district at: 0 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. 2) Consider and take appropriate action regarding an application for a preliminary plat being 54.77 acres, described as the following: a 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1 BO3, Charles M. Throop Survey. ® 2698 Sam School Rd., being approximately .94 acre parcel described as Lot A1107 Tr 1B3 & A 1510 Tr 181, TW. Mann Survey. 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1510 Tr 7A01, Charles M. Throop Survey. ® West side of Sam School Rd., '/z mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1132 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. ® 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. BACKGROUND Paul Spain has assembled five parcels of land in Westlake for which he is proposing a new residential development called Tierra Bella. The Planned Development would rezone four parcels comprised of approximately 41 acres currently zoned R-1 to PD and one parcel comprised of approximately 14 acres currently zoned O - Office Park to PD. The case was presented and denied by P&Z at their March 22 meeting. Following the denial and before going to the Board of Aldermen for consideration, the applicant revised the plan to reduce the number of lots to 29 lots from the original submittal of 33 and increased the minimum lot size from 31,021 sf to 34,850 sf which the applicant presented justification as being the same minimum lot size as approved in Glenwyck Farms. The Board of Aldermen did not vote on the case, instead citing the changes the applicant made as being significant enough to remand the case back to P&Z. The case was then presented a 2nd time and again denied by P&Z on May 17, 2007. P&Z cited that several lots were still less than the 1 acre minimum lot size. The applicant again made revisions to the case and voluntarily removed the case from the June 11th Aldermen agenda. The applicant has now altered the submittal to include a minimum lot size of 43,560 square feet in compliance with R-1 minimum lot size. The case must still be considered a PD submittal because of the 20 ft varying rear yard setback request. The R-1 rear yard setback is 40 ft. In order to achieve the same number of lots as previously submitted, the applicant has enlarged 16 lots to include some flood plain. The Town will require that no fencing or improvements of any kind be placed in the floodplain and that the area will be a dedicated easement to the Town of Westlake for drainage purposes. In addition, the developer must include the statement prohibiting fencing and/or any improvement in the floodplain and a copy of the plat in each contract for sale for each lot sold in the subdivision. In addition, the developer must convey to the HOA and each lot owner that the town easement outside the fence will be maintained by the HOA. The new resulting residential PD would result in a new 54.77 acre subdivision comprised of 29 residential lots ranging in size from 43,560 sf. to 52,755 sf. Since the proposal is to create a residential PD, the applicant must define the design standards in the application. The following table illustrates a comparison of relevant standards in the proposed PD vs. the R-1 zoning standards. Applicant Request R-1 Zoning Standard Minimum lot size 1.0 acre 1.0 acre Building Setbacks Front 40 ft. 40 ft. Side 20 ft. 20 ft. Rear 20 ft. varying 40 ft. Open Space *20.16 acres per open space plan Park Trails provided provided *Comprised of mainly floodplain which all residential subdivisions dedicate to the town in conformance with the Open Space and Trails master plan. The updated list of development standards as required in Sec. 102-266 {c} is attached. PRELIMINARY PLAT COMMENTS In addition to the zone change request, the developer has submitted necessary applications and backup for his preliminary plat which are described in the subsequent backup. Approval of the zoning will be followed by consideration of the preliminary plat. Denial of zoning would result in the need to deny the preliminary plat application as well. Once zoned, the Tierra Bella project must adhere to all Town preliminary platting requirements upon submittal of a preliminary plat request by the applicant. The P&Z and Board of Aldermen do not have the ability to turn down a preliminary plat based on concerns about zoning, density or other zoning related considerations. Once zoning is established, the preliminary plat process is a procedural and mechanical one in which the applicant must satisfy all adopted town requirements associated with the preliminary plat. The Tierra Bella preliminary plat has also been reviewed by the Town Engineer and his comments are included below as well. The motion and vote from P&Z on the preliminary plat application should be to approve the preliminary plat with conditions as enumerated below. 1. All trails should be shown on the plat with appropriate minimum dimensions, 6' trails and sidewalk along Dove Rd to match Glenwyck Farms existing southern boundary sidewalk. 2. All drainage easements shown on the plat outside the 100 yr floodplain should be labeled and designated "private drainage easements" to be maintained by private property owners. 3. All drainage easements inside the 100 yr floodplain should be labeled and designated "drainage easement" to be maintained by the HOA. 4. All public and private common open spaces should be labeled and designated "to be maintained by HOA." 5. All public Trails should be designated and labeled "to be maintained by HOA." Residential Planned Development District- Land Use and Development Regulations for Variances This Residential Planned Development shall abide by all the conditions of the Town of Westlake Code of Ordinances Codified through Ord. No. 506 (supplement No. 7), as it pertains to the "R- 1" Residential zoning district, Chapter 102 Zoning, Article IV, District Development Standards, Sec. 102-124, with the following exceptions: Rear Setbacks:The minimum rear setback of a lot shall not be less than twenty (20) feet, except where lots within the proposed development back up to other lots within the proposed development, in such case a thirty (30) foot minimum rear setback will be used. In standard R-1 zoning, forty (40) feet is the minimum. Additionally, where a portion of a lot extends into the flood plain, the minimum setback shall be either 20' or the flood plain line, whichever is greater. Proposed PD Development Standards Westlake -1 'Tierra Bella Estate Proposed Residential P.D. Residential Density 1.00 unit/acre 0.53 units/acre Lot Size 43,560 s.f. 43,560 s.f. Lot 125' lot width at 125' lot width at building line Dimensions building line Minimum Setbacks Front 40' 40' Rear 40' 20' Side 20' 20' Coverage City Standards Height 2.5 stories/35' 2.5 stories/35' Landscaping City Standards Lighting City Standards Three Project Identification Signs would be allowed at Signage twelve square feet each. Sign material to be cast stone, metal, or bronze. Sign located at each entry. Fencing will be 6' iron fence with masonry columns, 6' masonry & iron entry walls, 6' iron fence with masonry Fencing columns 40' O.C., & 6' iron. See Concept & Site Plan for fencing locations. *Fences and Walls—No solid fencing shall be allowed unless made of stone and form an integral part of the entry features or signage. To provide continuity in the fencing, all side or rear fencing shall be made of matching iron per Exhibit"A". All fences and walls shall be six feet (6'0") in height, and shall be located in an area approved by the ACC. No fencing shall extend beyond the front building lines or side building lines adjacent to streets on corner Lots. Where the rear of a lot extends into the flood plain, a masonry column shall be built at the intersection of the side property line and the flood plain line, terminating side yard fencing. No fencing shall extend into the flood plain. EXHIBIT "A" CAP 1/47xf-?j2' APPLIED STRAP BOTH SIDES 11 ail H ]JE110 11 S F exV-5' METAL POST iig 3/4'X3/4" PICKETS I6g I I HORZ. RAILS 16g 1 2' S1Iti. DETAIL OF IRON FENCING WIN Gross Acreage 100.00% 54.77 ac. Average Lot Size: 40,375 set. Minimum Lot Size: 34,850 s.f. Existing Zoning: R-1 &0 Proposed Zoning: RPD piiqpii� 11111; pil piliq Residential Lots 54.17% 29.67 ac. c Right-of-Way Dedication: Dove & Sam School 1.99% 1.09 ac. Internal Streets 7.03% 3.85 ac. Open Space 36.81% 20.16 ac. Gross Acreage 100.00% 54.77 ac Average Lot Size: 44,566 s.f. Minimum Lot Size: 43,560 sf. L.U.D./Zoning Existing Zoning: R-1 &0 Proposed Zoning: RPD Item # Planning and ® in Commission Meeting June 28, 2007 This item will be rescheduled to e July 26, 2007, P& Z Meeting. Applicant has indicated that the plat has not been finalized. Item # 5 Planning and onin Commission Meeting June 28, 2007 Item #'s 4 and 5 are Companion to s. Please see Agenda Memo behind tab # 4 for information regarding this item. Item # Planning and Zoning ission Meeting June 28, 2007 Applicant has requested item be rescheduled to the July 26, 2007, P&Z meeting.