HomeMy WebLinkAbout01-04-16 PZ Agenda Packet f �
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION
MEETING AGENDA
January 4, 2016
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS
WESTLAKE, TEXAS 76262
Work Session 5:00 p.m.
Regular Session 6:00 p.m.
Work Session
1. CALL TO ORDER
2. EXECUTIVE SESSION
The Commission will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 691
3. RECONVENE MEETING
4. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
S. DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL ACTIONS ON
PAST AGENDA ITEMS.
6. ADJOURNMENT
Page 1 of 2
Regular Session
1. CALL TO ORDER
2. REVIEW AND APPROVE MINUTES FROM THE MEETINGS HELD ON DECEMBER
1, 2015.
3. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING, Z-11-23-15, ZONING CHANGE APPLICATION FROM NON-
ZONED TO R-5 "ESTATE RESIDENTIAL" FOR TWO NEWLY ANNEXED TRACTS
OF LAND COMMONLY KNOWN AS 2205 AND 2217 N. PEARSON LANE,
WESTLAKE TEXAS.
4. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING AN, SUP-12-15-15, SPECIFIC USE PERMIT TO ALLOW THE SALE
OF BEER, LIQUOR, AND WINE PACKAGE SALES AT THE CVS STORE TO BE
LOCATED AT 35 ARTA DRIVE, BEING LOT 3, BLOCK N, OF THE WESTLAKE
ENTRADA SUBDIVISION.
5. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING, Z-12-15-15, ZONING CHANGE APPLICATION, AMENDING
ORDINANCE 691, THE ORDINANCE THAT AMENDED THE PD1 PLANNED
DEVELOPMENT ZONING DISTRICT, CREATING AND REGULATING PD 1-1
PLANNING AREA. THE PROPERTY IS PARTIALLY DEVELOPED AND INCLUDES
MULTIPLE PARCELS OF LAND INCLUDING THE PROPERTY COMMONLY
KNOWN AS SOLANA. THE PROPERTY IS GENERALLY LOCATED SOUTH OF
HWY 114 EXTENDING FROM DAVIS BLVD. EASTWARD TO THE TOWN
BORDER, AND IS BOUNDED BY THE GRANADA SUBDIVISION TO THE WEST,
AND GLENWYCK FARMS, CARLYLE, AND TERRA BELLA SUBDIVISIONS TO THE
SOUTH. THIS IS A TOWN INITIATED AMENDMENT AND THE PROPOSED
AMENDMENTS ARE LIMITED TO THE DEVELOPMENT REGULATIONS AND DO
NOT CHANGE THE PERMITTED USES OR ALLOWED DENSITY WITHIN THE
DEVELOPMENT.
6. ADJOURNMENT
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202,
Westlake, Texas, 76262, December 30, 2015, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas
Government Code.
Kelly Edwards, 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.
Page 2 of 2
Planning
and Zoning
Item # 2 — Executive
Session
Back up material has not
been provided for this item.
EXECUTIVE SESSION
The Commission will conduct a closed session pursuant to Texas Government Code,
annotated, Chapter 551, Subchapter D for the following:
a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of
the attorney to the governmental body under the Texas Disciplinary Rules of
Professional Conduct of the State Bar of Texas clearly conflicts with this chapter:
Ordinance 691
Planning
and Zoning
Item # 3 — Reconvene
Meeting
Back up material has not
been provided for this item.
Planning
and Zoning
Item # 4 — Adjournment
Back up material has not
been provided for this
item.
DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
NO ACTION WILL BE TAKEN DURING THE WORK SESSION.
Planning
and Zoning
Item # 5
Back up material has not
been provided for this
item.
DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND
UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL
ACTIONS ON PAST AGENDA ITEMS.
Planning
and Zoning
Item # 6 — Adjournment
Work Session
Back up material has not
been provided for this
item.
MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
December 1, 2015
PRESENT: Chairman Tim Brittan, Commissioners Liz Garvin, Greg Goble, Ryan Groce, and
Michelle Lee. Others present Alternates Ken Kraska and Sharon Sanden.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Planning and Development Director
Eddie Edwards, Town Attorney Cathy Cunningham, Town
Secretary Kelly Edwards, Assistant Town Manager Amanda
DeGan, Director of Public Works Jarrod Greenwood, Fire Chief
Richard Whitten, Communications & Community Affairs Director
Ginger Awtry, Finance Director Debbie Piper, Susan McFarland,
Communications Specialist.
Work Session
1. CALL TO ORDER
Chairman Brittan called the work session to order at 5:06 p.m.
2. PRESENTATION AND DISCUSSION REGARDING THE STATUS OF DEVELOPING
A PROPOSED TRANSFER OF DEVELOPMENT RIGHTS ORDINANCE.
Town Manager Brymer provided an overview of the item.
Ms. Ashley Shook and Mr. Robin McCaffery, MESA Planning, provided a presentation and
overview of the proposed ordinance and next steps.
Discussion ensued regarding Westlake being proactive with the proposed ordinance as
development increases and discussions of this item during the Comprehensive Planning
sessions.
P&Z Minutes
12/01/15
Page 1 of 9
3. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
Town Manager Brymer stated that this would be an opportunity for discussion of the
meeting items. He also stated that the applicant has requested Items 8 & 9 regarding
Project Blizzard to be withdrawn from discussion.
4. DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES
ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL ACTIONS ON
PAST AGENDA ITEMS.
Town Manager Brymer provided the Commission and members of the audience a copy
of the proposed 2016 Planning Submittal Schedule. This new calendar provides
additional time to meet with applicants and Staff additional time to review revisions.
S. ADJOURNMENT
Chairman Brittan adjourned the work session at 5:33 p.m.
Regular Session
1. CALL TO ORDER
Chairman Brittan called the regular session to order at 6:00 p.m.
2. REVIEW AND APPROVE MINUTES FROM THE MEETINGS HELD ON NOVEMBER
9, 2015.
MOTION: Commissioner Groce made a motion to approve the minutes.
Commissioner Lee seconded the motion. The motion carried by a
vote of 5-0.
Chairman Brittan announced that Items 8 & 9 of the agenda had been withdrawn by the
applicant and that there would be no opening of the public hearings.
3. CONSIDERATION OF A RECOMMENDATION FOR APPROVAL OF A MASTER
LANDSCAPE PLAN, PAVING PLAN, AND LIGHTING PLAN FOR THE
DEVELOPMENT KNOW AS ENTRADA (PD1-2) LOCATED AT STATE HIGHWAY
114 AND FARM TO MARKET 1938.
Town Manager Brymer provided an overview of the item and a presentation listing Staff
recommendations.
P&Z Minutes
12/01/15
Page 2 of 9
Discussion ensued regarding the delineation of parking spaces, lighting of retail
establishments, and lighting in common areas.
MOTION: Commissioner Goble made a motion to recommend approval with
the following conditions: staff recommendations - Master
Landscape Plan - 1. the landscape configuration, both
hardscape and plantings, at the corner of Solana Blvd. and Davis
Blvd shall comport to the Town's consulting architect's landscape
rendering for corner of Solana Boulevard and FM 1938/Davis
Boulevard. 2. an installation schedule for the Master Landscape
Plan acceptable to the Staff shall be furnished by the Developer
upon approval of construction plans. Lighting Plan - 1. Street
light intervals shall not be closer than 200 feet without Staff
approval, with said approval to be considered at the time of
construction plan submission. 2. All lighting fixtures shall be
approved by the Town Staff prior to installation, meet all town
requirements and Dark Skies guidelines. The lighting fixture poles
shown in the Lighting Plan are not yet approved by Staff and for
informational purposes only. Staff requests authority to approve
the lighting fixture pole not later than when construction drawings
are submitted. 3. All lighting fixtures must be dimmable
Commissioner Garvin seconded the motion. The motion carried
by a vote of 5-0.
4. CONTINUE A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING A ZONING CHANGE AMENDING THE PD 1-2 ZONING DISTRICT
REGULATIONS CONTAINED IN ORDINANCE 720 TO INCLUDE DETAILED
DESIGN GUIDELINES FOR THE DEVELOPMENT KNOWN AS ENTRADA LOCATED
AT STATE HIGHWAY 114 AND FARM TO MARKET 1938/DAVIS BOULEVARD.
Town Manager Brymer provided an overview of the item and a presentation listing Staff
recommendations.
Mr. McCaffery, MESA Planning, acknowledged Mr. Milton Anderson, Merriman
Associates, for working together to create the Design Guidelines.
Discussion ensued regarding the caliper and canopy size of trees.
Ms. Suzanne Ouren, Texas Tuff Landscape answered questions and provided details
regarding the trees.
Chairman Brittan opened the public hearing.
No one addressed the commission.
Chairman Brittan closed the public hearing.
P&Z Minutes
12/01/15
Page 3 of 9
MOTION: Commissioner Groce made a motion to recommend approval with
the following conditions: staff recommendations - Page 52:
Wording to be added as first bullet point under "Articulation"..."it
is the intent of this guideline to maintain the appearance of load
bearing masonry construction by minimizing a traditional
"masonry pocket" common to masonry veneer construction. The
diagrammatic cornice/ eave detail on page 53 illustrates this
intent. Traditional masonry pocket detail is prohibited and use of
a detail consistent with the diagram in page 53 is encouraged.
Page 78: the words "and wrought iron fence with living hedge"
under #2 should be changed to "and wrought Iron fence with
living hedge, if it does not (in combination with other gates)
exceed 30% of the side yard wall." Transformer and compactor
enclosures shall be addressed in the design guidelines as
screening elements (i.e. the current design guidelines only
address dumpster enclosures) utilizing the same design as
dumpster screening enclosures (see page 69 of design
guidelines). Design guidelines shall specify that interior and
exterior sides of screening enclosures must be finished out with
full stone, however, interior enclosure walls may use thin-set
stone cladding. Commissioner Goble seconded the motion. The
motion carried by a vote of 5-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING AN APPLICATION FOR APPROVAL OF A FINAL PLAT OF THE PD 1-
2 PLANNING AREA, SHOWN AS BLOCK A, LOTS 1-3X, BLOCK B, LOT 1, BLOCK
M, LOTS 1-3, BLOCK N, LOTS 1-6X, AND BLOCK O, LOTS 1-3X, BEING A TOTAL
OF 85.910 ACRES IN THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, W.
MEDLIN SURVEY, ABSTRACT NO. 1958, JOSEPH HENRY SURVEY, ABSTRACT
NO. 742, AND WILLIAM H. PEA SURVEY, ABSTRACT NO. 1246, TOWN OF
WESTLAKE, TARRANT COUNTY, TEXAS.
Town Manager Brymer provided an overview of the item and a presentation listing Staff
recommendations.
Director Greenwood provided an overview regarding the installation of infrastructure.
Chairman Brittan opened the public hearing.
No one addressed the commission.
Chairman Brittan closed the public hearing.
Discussion ensued regarding risk of occupancy without a sanitary sewer, CVS Pharmacy
building timeframe of approximately eight (8) months, and the developer believes that
streets would be constructed during the Spring 2016.
P&Z Minutes
12/01/15
Page 4 of 9
MOTION: Commissioner Garvin made a motion to recommend approval with
the following conditions: staff recommendations - 1. A
Development Agreement satisfactory to the Town must be
negotiated and approved prior to consideration of this Final Plat
by the Town Council. 2. The Development Agreement shall
include language that addresses a timeline with a date certain for
the Developer to have made significant progress toward
completing construction of the off-site utilities prior to issuance of
a certificate of occupancy to CVS or any building in this final
platted area. 3. if the Town has to acquire those off-site utility
easements by eminent domain, all costs related to the Town's
acquisition of said easements shall be reimbursed by the
Developer. 4. all Developer payment obligations related to the
amending the present Development Agreement (approved 10-28-
13), including for example Solana Blvd expansion and related
traffic signals and Town consultants). S. All other infrastructure,
besides sanitary sewer, shall be installed, inspected, and accepted
by the Town prior to the issuance of a certificate of occupancy for
any building on any lot that is final platted by this particular final
plat. 6. All parcel descriptions included in this Final Plat must be
reviewed in light of the Public Improvement District (PID) Service
and Assessment Plan to verify that future PID assessments on
these final platted lots are consistent with the PID obligations. 7.
An updated PID budget shall be timely submitted that illustrates
actual and projected costs to be paid with PID funds versus those
that will be Developer's obligation for the remainder of the
Entrada project. S. A note shall be added to the Final Plat
document stating the following: This final plat is approved subject
to, but not limited to, the terms and conditions of the following
documents related to this property, as well as any amendments to
said documents, that may be approved in the future by the
Westlake Town Council: • Zoning Approved: 4-22-13, Ordinance
703 for PD1-2 • Economic Development Agreement Approved: 4-
22-13, Resolution 13-17 • Preliminary Plat Approved: 10-28-13,
Resolution 13-32 • Development Plan Approved: 10-28-13,
Ordinance 720 • Development Agreement Approved: 10-28-13,
Resolution 13-34. Commissioner Goble seconded the motion.
The motion carried by a vote of 5-0.
Chairman Brittan recessed the meeting at 6:44 p.m.
Chairman Brittan reconvened the meeting at 6:48 p.m.
6. CONTINUE A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING AN APPLICATION FOR A PD SITE PLAN, INCLUDING BUILDING
ELEVATIONS FOR A CVS PHARMACY, FOR A PORTION OF THE PD 1-2
P&Z Minutes
12/01/15
Page 5 of 9
PLANNING AREA, SHOWN AS AREA N, LOT 3 OF BLOCK N, GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF THE ENTRADA DEVELOPMENT) ON
THE FINAL PLAT.
Town Manager Brymer provided an overview of the item and a presentation listing Staff
recommendations.
Discussion ensued regarding the architecture of anchor stores, location of the bell tower
and signage.
Director Edwards stated that staff had an additional recommendation that the wall signs
would be red plastic letters, internally lit with dimmable lights that will be set at a
brightness level that will be field approved by the Town Manager or his designee.
Chairman Brittan opened the public hearing.
Mr. Mehrdad Moayedi, Centurion American, 1800 Valley View Lane, Ste. 300, Farmers
Branch, spoke in favor of the of the item acknowledging the amount of work that has
gone into this project.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Lee made a motion to recommend approval with
the following conditions: staff recommendations - 1. all the
zoning requirements for this PD1-2 district set out in Ordinance
703 in addition to the conditions accepted by the Town Council set
out in Section I of this report at the time of zoning approval (April
22, 2013). 2. all the Development Plan conditions for approval
referenced in Section II of this report established in Ordinance
720 (adopted October 28, 2013) apply to this PD site plan for CVS
Pharmacy on Lot 3, Block N. 3. the site plan building elevations
for CVS, as submitted and attached to this report, include the
requirement that this structure meet all aspects of the Entrada
design guidelines proposed to be reviewed by the Commission
and adopted on 12-14-15 by the Town Council. 4. Town Staff will
review and approve a materials sample palette that shall be
presented at the time for building plans review for a building
permit and said materials must comport to elevations as
presented to the Staff and the Planning & Zoning Commission. S.
landscaping and planters used around the CVS building per
drawings submitted by the Developer's master architect, Merriman
and Associates, be of substantial size, as shown on said drawings,
including six (6) inch caliber Italian Cypress in the planters. 6. the
understanding that this approval applies only to the CVS building,
and that the other smaller buildings shown on the PD site plan for
this Block N will require their own PD site plan and building
elevations to be approved at the time they are proposed for
construction. 7. Solid waste collection area will reflect a sheperd's
P&Z Minutes
12/01/15
Page 6 of 9
hut" type architecture and will be approved by Staff at the time of
building permit application. 8. wall signs would be red plastic
letters, internally lit with dimmable lights that will be set at a
brightness level that will be field approved by the Town Manager
or his designee. Commissioner Groce seconded the motion. The
motion carried by a vote of 5-0.
7. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING AN APPLICATION FOR A PD SITE PLAN, INCLUDING BUILDING
ELEVATIONS FOR A PRIMROSE SCHOOL, FOR A PORTION OF THE PD 1-2
PLANNING AREA, SHOWN AS BLOCK M, LOT 2 OF BLOCK M, GENERALLY
LOCATED ON THE SOUTHWEST CORNER OF THE ENTRADA DEVELOPMENT ON
THE FINAL PLAT.
Town Manager Brymer provided an overview of the item and a presentation listing Staff
recommendations.
Chairman Brittan opened the public hearing.
Mr. Mehrdad Moayedi, Centurion American, 1800 Valley View Lane, Ste. 300, Farmers
Branch, spoke in favor of the item stating that the smaller surrounding buildings would
be for profit.
Mr. McCaffery, MESA Planning, spoke in favor of the item and provided an overview of
the adjoining buildings.
Chairman Brittan closed the public hearing.
Discussion ensued regarding the 5-6 month timeframe to build Primrose and the
variance granted by this plan to the articulation requirements.
MOTION: Commissioner Goble made a motion to recommend approval with
the following conditions: staff recommendations - 1. all the
zoning requirements for this PD1-2 district set out in ordinance
703 in addition to the conditions accepted by the Town Council set
out in Section I of this report at the time of zoning approval (April
22, 2013). 2. all the Development Plan conditions for approval
referenced in Section II of this report established in Ordinance
720 (adopted October 28, 2013) apply to this PD site plan for
Primrose School on Lot 2, Block M, Entrada. 3. the site plan
building elevations for Primrose School, as submitted and attached
to this report as recommended by Staff, include the requirement
that this structure meet all aspects of the Entrada design
guidelines proposed to be reviewed by the Commission and
adopted on 12-14-15 by the Town Council. 4. Town Staff will
review and approve a materials sample palette that shall be
presented at the time for building plans review for a building
permit and said materials must comport to elevations as
P&Z Minutes
12/01/15
Page 7 of 9
presented to the Staff and the Planning & Zoning Commission. 5.
landscaping and planters used around the Primrose building per
drawings submitted by the Developer's master architect, Merriman
and Associates, be of substantial size, as shown on said drawings.
6. Fencing/wall around building and building site will be solid
masonry, not wrought iron, although a wall that is combination
half and half may be approved by Staff. 7. the understanding that
this approval applies only to the Primrose School building, and
that the other smaller buildings that may shown or adjacent to the
PD site plan for this Block M will require their own PD site plan
and building elevations to be approved at the time they are
proposed for construction. 8. Solid waste collection area on this
site plan will reflect a sheperd's hut"type architecture and will be
approved by Staff at the time of building permit application.
Commissioner Garvin seconded the motion. The motion carried
by a vote of 5-0.
Chairman Brittan announced stated that since Items 8 & 9 of the agenda had been
withdrawn by the applicant and that there would be no opening of the public hearings.
8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A
RECOMMENDATION REGARDING A ZONING CHANGE REQUEST TO AMEND
THE PD 3-5 ZONING DISTRICT LOCATED AT STATE HIGHWAY 170 AND STATE
HIGHWAY 114 ON A TRACT THAT IS A PORTION OF WHAT IS GENERALLY
KNOWN AS THE CIRCLE T RANCH, BY DIVIDING SAID DISTRICT INTO TWO
(2) SEPARATE PLANNING AREAS, TO BE IDENTIFIED AS PD3-5A AND PD3-5B,
AND ADDING 186,000 SQUARE FEET OF OFFICE CAMPUS USE IN THE NEW
PD3-5B PLANNING AREA.
No action taken by the Commission.
9. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A
RECOMMENDATION REGARDING A ZONING CHANGE REQUEST TO AMEND
THE PD 3-3 ZONING DISTRICT LOCATED ALONG DOVE AND OTTINGER
ROADS ON A TRACT THAT IS A PORTION OF WHAT IS GENERALLY KNOWN AS
THE CIRCLE T RANCH, BY TRANSFERRING 186,000 SQUARE FEET OF OFFICE
CAMPUS USE FROM PD3-3 TO THE NEW PD3-5B PLANNING AREA.
No action taken by the Commission.
P&Z Minutes
12/01/15
Page 8 of 9
10. ADJOURNMENT
There being no further business to come before the Commissioners, Chairman Brittan
asked for a motion to adjourn.
MOTION: Commissioner Groce made a motion to adjourn the meeting.
Commissioner Goble seconded the motion. The motion carried by
a vote of 5-0.
Chairman Brittan adjourned the meeting at 7:16 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON JANUARY 4, 2016.
ATTEST: Chairman, Tim Brittan
Kelly Edwards, Town Secretary
P&Z Minutes
12/01/15
Page 9 of 9
estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Monday, January 04, 2016
Topic: Conduct a Public Hearing and Consider a Recommendation Regarding a
Zoning Change Request from Non-Zoned to R-5 "Country Residential
District" for Two Newly Annexed Tracts of Land Commonly Known as
2205 and 2217 5.28 Acre Tract of Land.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Obi ective
Mission: Westlake is a
unique community blending
preservation of our natural High Quality Planning,Design&
environment and Development-We are a desirable
viewscapes,while serving Citizen, Student& well planned,high-quality Preserve Desirability
our residents and businesess Stakeholder community that is distinguished by &Quality of Life
with superior municipal and exemplary design standards.
academic services that are
accessible,efficient,cost-
effective, &transparent.
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 4, 2016 Completion Date: January 25, 2016
Funding Amount: 00.00 Status - ® Not Funded Source - N/A
EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
This property, located along the east side of Pearson Road,was the infamous kennel site that
generated frequent noise complaints over the past several years. The property's unincorporated
status (the former property owner successfully defeated Town attempts to annex the parcel)had
limited the Town's ability to regulate use and development. However, ownership of the property
recently changed hands, and the new owner requested voluntary annexation. The Westlake
Town Council subsequently voted to annex the property at their December 14, 2015 meeting.
Per Chapter 102, Section 102-37 of the Westlake Code of Ordinances, the Town must zone the
annexed property at the time of or directly following annexation(within 60 days).
The property is surrounded on three sides by Country Residential District (R-5) zoned property
within the Town of Westlake and the applicant's zoning application requests that this property be
zoned R-5 as well. Chapter 102 of the Code of Ordinances defines the R-5 district as "single-
family dwellings on lots measuring a minimum of five acres (217,800 square feet) excluding all
required public dedications, including but not limited to rights-of-way, parks, and open spaces.
Country residential districts are intended to provide an opportunity for rural character residential
development."
The applicant purchased this property with plans to ultimately construct an estate home. This
intended use comports with the Land Use Plan element of the Comprehensive Plan, which
defines the area surrounding this property as Pastoral Community, a use that stresses
"compatibility with existing high-end residential development" and lots "generally an acre or
larger." Annexation and rezoning of this property will also help mitigate home value
encroachment, a major objective identified in the Housing Plan element of the Comprehensive
Plan.
The applicant has removed the buildings used for kennel operations, leaving only two single-
family dwellings on the property. These two homes will be used as rental properties until both
parcels are platted into a single 5.28 acre lot. Note that per the Petition for Annexation(see
attached) the owner certifies that"the land is used for single family use, and my plans are to
continue that use." Further, minimum lot size requirements of the R-5 zoning district preclude
the issuance of any building permits until the property is platted into a single lot (Westlake Code
of Ordinances, Chapter 102, Article Il, Sections 102-33 and 102-34). Language contained in the
Petition for Annexation and the zoning type requested, along with the timely approval of the
applicant's zoning request, will prevent the property from reverting to an undesirable use.
The property currently receives water service from the City of Keller, and may continue doing so
until the property is platted. Per the Service Plan (see attached) approved as part of the voluntary
annexation process, a determination as to how and when the property will be connected the
Town of Westlake water system will be made at the time of platting. Sewer is provided by an
on-site septic system, and per the adopted Service Plan may continue in use until a sanitary
sewer main is extended to within the minimum distance from the property that would trigger a
required connection.
RECOMMENDATION
Staff recommends approval of this zoning request.
ATTACHMENTS
1. Site Map
2. Petition for Annexation
3. Service Plan (adopted by Council on 12/14/15 concurrent with annexation)
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ATTACHMENT 2
PETITION AND AFFIDAVIT OF BAHTIA SATENDAR FOR
ANNEXATION PURSUANT TO SECTION 43.028 OF THE
TEXAS LOCAL GOVERNMENT CODE
THE STATE OF TEXAS §
COUNTY OF TARRANT §
TO THE MAYOR AND TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS,
A GENERAL LAW TYPE-A MUNICIPALITY
IN AND FOR THE STATE OF TEXAS:
I, the undersigned, Satendar Bhatia / Neelu Bhatia, having been duly sworn depose as
follows:
1. "My name is Satendar Bhatia/Neelu Bhatia. I am over the age of eighteen, have
never been convicted of a felony, and am of sound mind, fully capable of making this affidavit
and personally acquainted with the facts herein stated:
2. I am the owner of a parcel of land with the address of 2205 N. Pearson, and 2217
N. Pearson, adjoining unplatted lots, further described by metes and bounds in the attached
Exhibit A (hereinafter the "Property"). The Property is located within the extraterritorial
jurisdiction of the Town of Westlake, is contiguous to the Town Limits of the Town of Westlake,
is one-half mile or less in width, and on which three or fewer qualified voters reside.
3. As the owner of the Property, I hereby petition the Town Council to extend the
present Town municipal boundaries so as to include the Property as part of the Town for all
purposes. By filing this Affidavit with the Mayor of the Town of Westlake, in care of the Town
Manager of the Town of Westlake, I certify my desire that the Property be annexed by the Town
Ordinance 758
of Westlake in accordance with Section 43.028 of the Texas Local Government Code. I further
certify, ratify and confirm that the Property has been continually located within the extra
territorial jurisdiction of the municipal boundaries of the Town of Westlake from approximately
October, 2003, through the present.
4. As the owner of the Property, I hereby certify that the land is used for residential
single family use (as set out in Westlake's zoning ordinance under section 102-61) and that my
plans are to continue that use."
23co1
WITNESS MY HAND this day of NOV MBER, 2015.
Satendar Bhatia
Neelu Bhatia
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned, on this day personally appeared Bhatia Satendar/Neelu
Satendar, known to me to be the person whose name is subscribed to the foregoing instrument
and acknowledged to me that he/she executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,this day of November, 2015.
�pr',.RVe. KELLYEDWAOS
Nowy Public
STATE OF TEXAS Notary ub ' and for the
MY comet.Ev gRUpltY 3,zois State of Texas
Ordinance 758
ATTACHMENT 3
SERVICE PLAN
SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF ANNEXATION
1. POLICE PROTECTION
The Town of Westlake, Texas will provide police protection to the newly annexed
territory at the same or similar level of service now being provided to other areas of the
Town of Westlake, Texas, with similar topography, land use and population within eh
newly annexed area.
2. FIRE PROTECTION
The Town of Westlake, Texas will provide fire protection and ambulance service to the
newly annexed territory at the same or similar level of service now being provided to
other areas of the Town of Westlake, Texas, with similar topography, land use and
population within the newly annexed area.
3. SOLID WASTE COLLECTION
At the present time, the Town of Westlake, Texas is using a designated, specified
contractor for collection of solid waste and refuse within the Town limits of the Town of
Westlake, Texas. Upon payment of any required deposits and the agreement to pay
lawful service fees and charges, solid waste collection will be provided to citizens in the
newly annexed area to the extent that the Town's contractor has access to the area to be
services. Residents of the annexed area with existing contracts with a solid waste
removal provider may continue to use that provider for up to two (2) years from the
effective date of the annexation ordinance, if they choose.
4. MAINTAINENCE OF WATER AND WASTEWATER FACILITIES
To the extent the Town has any water or waste water facilities owned or maintained by
the Town of Westlake, Texas, at the time of the proposed annexation in the area to be
annexed, said facilities shall be maintained by the Town of Westlake. Any and all
subsequently acquired or built water or waste water facilities in the annexed area shall be
maintained by the Town of Westlake, Texas, to the extent of the Town's ownership of
said facilities.
5. MAINTENANCE OF ROADS AND STREETS
Any and all public roads, streets, or alleyways which have been dedicated to the Town of
Westlake, Texas or the public or which are owned by the Town of Westlake, Texas shall
be maintained to the same degree and extent that other roads, streets, and alleyways are
Ordinance 758
maintained in areas with similar topography, land use and population density, and in a
manner no less than they are currently maintained. Any and all lighting of roads, streets,
and alleyways which may be positioned in a right-of-way, roadway or utility easement
shall be maintained by the applicable utility company servicing the Town of Westlake,
Texas pursuant to the rules, regulations and fees of such utility.
6. MAINTENANCE OF PARKS, PLAYGROUNDS, AND SWIMMING POOLS
The Town Council of the Town of Westlake, Texas is not aware of the existence of any
public parks, public playgrounds or public swimming pools now in the area proposed for
annexation. In the event of any such public parks, public playgrounds, or public
swimming pools do exist and are public facilities, the Town of Westlake, Texas will
maintain such areas to the same extent and degree that it maintains public parks, public
playgrounds, and public swimming pools in other similar areas of the Town now
incorporated in the Town of Westlake, Texas.
7. MAINTAINENCE OF MUNICIPALLY OWNED FACILITIES, BUILDINGS OR
MUNICIPAL SERVICE
The Town Council of the Town of Westlake, Texas is not aware of the existence of any
municipally owned facilities, buildings or other municipal service now located in the area
proposed for annexation. In the event of any such municipally owned facilities, buildings
or other municipal service do exist and are public facilities, the Town of Westlake, Texas
will maintain such areas to the same extent and degree that it maintains public owned
facilities, buildings or municipal services of the Town in other similar areas of the Town
now incorporated in the Town of Westlake, Texas.
CAPITAL IMPROVEMENTS
1. GENERAL
The Town policy for extending water and wastewater service is to extend service on
an as required basis when development applications or subdivision plats are
submitted to the Town in accordance with the Town's subdivision and development
ordinances.
Landowners may be required to fund capital improvements necessary to provide
service in a manner consistent with law. Nothing in this plan shall be interpreted to
require a landowner within the newly annexed area to fund capital improvement's
necessary to provide municipal services in a manner inconsistent with Chapter 395 of
the Local Government Code, unless otherwise agreed to by the landowner.
Ordinance 758
2. POLICE PROTECTION, FIRE PROTECTION, AND EMERGENCY MEDICAL
SERVICES
The Town Council of the Town of Westlake, Texas finds and determines it to be
unnecessary to acquire or construct any capital improvement for the purposes of
providing police protection, fire protection, or emergency medical services. The
Town Council finds and determines that it has at the present time adequate facilities
to provide the same type, kind and level of protection and service which is presently
being administered to other areas already incorporated in the Town of Westlake,
Texas, with the same or similar topography, land use, and population density, without
reducing by more than a negligible amount the level of fire, police and emergency
medical services provided with in the corporate limits of the Town.
3. WATER FACILITIES
The Town Council of the Town of Westlake, Texas has determined that the area is
currently being served by the City of Keller, and may remain so until the property is
platted. At the time of platting a determination will be made as to how and when
connection to the Town of Westlake water system will be made.
4. WASTE WATER FACLITIES
The Town Council of the Town of Westlake, Texas has determined that the area is
currently being served by an on-site sanitary sewer system and may continue to be
served by such until a sanitary sewer main is extended to within the minimum
distance from the property that would trigger a required connection.
5. ROADS AND STREETS
Maintenance of properly dedicated roads and streets will be consistent with the
maintenance provided by the Town to other roads and streets in areas of similar
topography, land use, and sub-development of the annexed territory. Developers will
be required pursuant to the ordinances of the Town of Westlake, Texas, to provide
internal and peripheral streets and to construct those streets in accordance with the
specifications required by the Town of Westlake, Texas for the properly dedicated
street. Town participation in capital expenditures will be in accordance with Town
policies.
SPECIFIC FINDINGS
The Town Council of the Town of Westlake, Texas finds and determines that this proposed
Service Plan will not provide fewer services, and it will not provide a lower level of service in
the area proposed to be annexed than were in existence in the proposed area at the time
immediately preceding the annexation process.
Ordinance 758
Because of the differing characteristics of topography, land utilization and population density,
the service levels which may ultimately be provided in the newly annexed area may differ
somewhat from services provided other areas of the Town of Westlake, Texas. These differences
are specifically dictated because of differing characteristics of the property and the Town of
Westlake, Texas will undertake to perform consistent with this Service Plan so as to provide the
newly annexed area with the same type, kind and quality of service presently enjoyed by the
citizens of the Town of Westlake, Texas who reside in areas of similar topography, land
utilization and population.
APPROVED THIS THE 14th DAY OF DECEMBER 2015.
TOWN OF WESTLAKE, TEXAS
LAURA WHEAT, MAYOR
ATTEST:
KELLY EDWARDS, TOWN SECRETARY
Ordinance 758
F,)estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Monday January 4, 2016
Topic: Conduct a Public Hearing and Consider a Recommendation Regarding an
Application for a Specific Use Permit (SUP) to Allow "Beer, Liquor and
Wine Package Sales" at the CVS Pharmacy to be Built at 35 Arta Drive,
Located in the Westlake Entrada Development, Near the Northeast Corner
of Davis Blvd. and Solana Blvd.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
Strategic Alignment
Vision,Value,Mission Perspective Strategic Theme & Results Outcome
Objective
High Quality Planning,Design&
Planned/Responsible Citizen, Student& Development-We are a desirable Preserve Desirability
Development Stakeholder Well planned,high-quality &Quality of Life
community that is distinguished by
exemplary design standards.
man Strategic Initiative LW_
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 4, 2016 Completion Date: January 25, 2016
Funding Amount: Status - M Not Funded Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
Ordinance 703, the ordinance that regulates certain aspects of development, construction, and the
use of properties within the Westlake Entrada development, requires that a Specific Use Permit
(SUP)be approved prior to selling beer, liquor, and or wine, for off-premises consumption.
Zoning ordinances typically provide for two types of uses — uses by right and by special
exception, i.e. special / conditional use permits. The uses that are permitted by right are those
which are allowed without additional approvals being required. For the purpose of Westlake, we
use the term Special Use Permit. SUP's may be permitted within a zoning district; however, the
Page 1 of 4
use is conditional and not granted automatically (or entitled) like a use by right. SUP's require
additional public hearings and scrutiny—meaning the approval is discretionary. That being said,
if certain stipulated conditions are met, the municipality may grant the permit after review by the
Planning&Zoning Committee and the Town Council.
The Town Council may, in the interest of the public welfare, and to ensure compliance with this
ordinance, establish conditions of operation, location, arrangement, and construction of any
authorized Specific Use. In approving any Specific Use, the council may impose such
development standards and safeguards as conditions warrant for the welfare and protection of
adjacent properties and citizenry as a whole as it may be affected by this use.
The Council shall not grant an SUP for a particular use except upon a finding that the use will:
a. Complement or be compatible with the surrounding uses and community facilities;
b. Contribute to, enhance or promote the welfare of the area affected by the SUP and
adjacent properties;
c. Not be detrimental to the public health, safety or general welfare; and
d. Conform in all other respects to all applicable zoning regulations and standards.
A Concept Plan, Development Plan, PD Site Plan and Final Plat relating to this project have all
been previously approved by the Town Council. The approval of this Specific Use Permit does
not conflict with any previous approvals.
RECOMMENDATION
Staff recommends approval of the Specific Use Permit as requested by the applicant.
ATTACHMENTS
Specific Use Permit application.
Page 2 of 4
estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Monday, January 04, 2016
TOPIC: Conduct a Public Hearing and Consider a Recommendation Regarding an
Amendment of Ordinance 691, Amending the Development Regulations
Applicable to the PD 1 Zoning District, Planning Area 1 (PD 1-1),
Restoring a 500 foot, Previously Existing Setback in the Areas Adjacent to
a Residential Neighborhood.
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
Stratellic Alignment
Vision,Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Planned/Responsible Citizen, Student& Natural Oasis-Preserve& Preserve Desirability
Development Stakeholder Maintain a Perfect Blend of the &Quality of Life
Community's Natural Beauty
Strategic Initiative
Tree Preservation/Reforestation
Time Line- Start Date: January 4, 2016 Completion Date: January 25, 2016
Funding Amount: 00.00 Status - ® N/A Source -N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On January 7, 2013, Ordinance 691 created three Planning Areas within the PD 1 Zoning
District: PD 1-1 (Solana), PD 1-2 (Entrada), and PD 1-3 (Granada). The ordinance was passed
with a section stating that the building setback from any residentially zoned area shall be 500 feet
for the areas described in exhibits "A-1" and"A-2" (Entrada and Granada). However, the
section was intended to require the 500 foot setback from all residentially zoned areas except for
the areas described in"A-1" and"A-2."
The intent was to preserve the 500 foot building setback, originally established by Ordinance
202, for the areas of PD 1-1 adjacent to residential neighborhoods including the Glenwyck
Farms, Terra Bella, and Carlyle subdivisions, but excluding the Entrada and Grenada
developments. Our rationale was that Entrada, being a mixed-use development, does not need a
setback separating commercial uses from residential uses, and Granada would receive adequate
separation via the 60 foot open space between the lots and the PD 1-1 area, combined with the
setback resulting from the "Residential Slope"regulation that requires commercial buildings to
be set back five-feet from residential property for every one-foot in building height, as measured
from the ground height of the residential property. For example an 80 foot tall building would
require a 400 foot setback(80X5=400)plus the 60 foot open space. Higher ground at the
commercial building site results in either a shorter building or greater setback, and low ground
allows for taller buildings or lesser setbacks.
Town staff has been working with PDl-1 owner representatives on an amendment to Ordinance
691 for many months to address issues related to multiple ownerships within the Planning Area,
and has always taken the position that the aforementioned section would be corrected with the
next amendment. What was not anticipated by Town staff was that so much time would pass
before their amendment would be applied for. Now lots in Granada have been sold with the
purchasers believing that the 500 foot building setback applies to their properties. Depending on
building height, there may not be any difference in the setbacks, but concern over the unknown is
only natural. Therefore, the proposed amendment to Ordinance 691 will restore the 500 foot
building setback for all areas of PD 1-1 adjacent to residential property, except for PD 1-2
(Entrada).
Town staff is taking this opportunity to propose amendments to several sections of the ordinance
that we feel should be modified(see attached staff report). The proposed amendments will not
only correct the previous error but will clarify the Town's position on several sections within the
ordinance. This will provide more predictability to the current and future owners of all affected
properties.
Please note that this Town initiated amendment is limited to specific development
regulations that the Town wishes to clarify and does not change the Permitted Uses or
allowed density within PD 1-1.
RECOMMENDATION
Staff recommends approval of the restoration of the 500 ft. setback.
ATTACHMENTS
1. Staff Report
2. Letter of Protest regarding Amendment of Ordinance 691
3. Letter of Support regarding Amendment of Ordinance 691
yy t
5
TOWN OF WESTLAKE, TX
STAFF REPORT REGARDING AMENDMENT TO ORDINANCE 691, RELATING TO
THE DEVELOPMENT REGULATIONS OF THE PD 1-1 PLANNING AREA.
Date: 12-22-2015
Request: Review and Recommendation of Ordinance XXX, amending ordinance 691,
regulating the PD 1-1 Planning Area.
Agenda Item: Conduct a Public Hearing and Consider a Recommendation Regarding
approval of Ordinance XXX, an ordinance amending Ordinance 691, to correct and
clarify development regulations related to the PD 1-1 Planning Area, commonly known
as Solana.
CASE INFORMATION
Development Name: Solana.
Location: The property is generally located south of Highway 114, extending from
Davis Blvd. eastward to the town border, bounded by the Granada subdivision to the
west, and the Glenwyck Farms, Carlyle, and Terra Bella subdivisions to the south. The
PD 1 Zoning District (PD 1) is comprised of three sub-areas called Planning
Areas, including PD 1-1 (Solana), PD 1-2 (Entrada Mixed-Use Development), and
PD 1-3 (Granada Mixed-Use Development).
Summary: This Town initiated amendment is limited to specific development
regulations that the Town wishes to clarify and does not change the Permitted Uses or
allowed density within the development. This amendment will include language to
restore a previously existing 500 foot building setback from certain residential properties
located adjacent to the PD1-1 Planning Area. In addition, the application of density
regulations to specific Planning Areas is clarified. This amendment provides
predictability for all affected stakeholders and further aligns existing ordinances with the
recently adopted comprehensive plan.
Owner: The Planning Area includes multiple properties and owners.
Applicant: This is a Town initiated amendment.
Developer: N/A
Site Size: 251. 757 acres
Page 1 of 8
I. Chronology of the PD 1 Zoning District and the PD 1-1 Planning
Area
November 1992- Ordinance 202 created PD 1, and included a 500 foot building
setback from residential property. Note that a building setback is not an open space or
landscape buffer; vertical structures are not permitted within this type of setback, but a
parking lot would be permitted.
March 2008 — Ord 588 amended PD 1 to adjust the PD1 boundary when land was
acquired for the right-of-way needed for the realignment and widening of FM 1938
(Davis Blvd), and to address other PD Site Plan issues. The amendment also added an
exhibit "A" to the 500 foot setback language.
January 2013 — Ord 691 amended PD 1 to create three Planning Areas: PD1-
1(Solana), PD 1-2 (Entrada), and PD 1-3 (Granada). Exhibit "A" from Ord 588 was
determined to have not appropriately described the property north of Glenwyck Farms,
which was the target area of the 500 foot building setback, and the ordinance was
reworded to require a 500 foot building setback from any residential properties except
for properties in Planning Areas PD 1-2 (Entrada) and PD 1-3 (Granada). This
language was intended to exclude the areas described in exhibits A-1 and A-2, (PD1-2
and PD 1-3 respectively) from the 500 foot building setback. However, the word
"except" was unintentionally deleted from the final ordinance text, as highlighted below:
Intended text of Part 11, Section 4 of Ordinance 691:
Section 4. Dimensional standards and requirements. The following dimensional
standards and requirements shall apply:
A. The minimum required lot area shall be five (5) acres, with the exception of Lot
1R2 of Block 2 of Westlake/Southlake Park Addition No. 1. which shall measure 1.722
acres (before right of way dedication).
Exception: Property containing existing buildings may be re-platted into lots of
less than five acres
B. The maximum percent of PD 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 436.077 acres of land area which is its original acreage before donations for
roadways except for right of way within PD donated for SH114. Planning Area 1 shall
be deemed to be 251.757 acres. Planning Area 2 shall be deemed to be 92.08 acres.
Planning Area 3 shall be deemed to be 92.24 acres.
Page 2 of 8
C. The minimum size of any front, side or rear yard for principal and accessory
use buildings, with the exception of Lot 1 R2 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
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 except for the areas
described in exhibits "A 4"and "A -2"y-
4. In accordance with Section 102- 124(b)(2)(b) of the Zoning Ordinance
contained in the Code of Ordinances for the property described in Exhibits
'A 4"and "A -2 or
5. Otherwise setbacks shall be one hundred (100) feet for side yards.
Setbacks shall be one hundred (100) feet for rear yards.
Exception: Property containing existing buildings may be re-platted into lots with
less than 100 feet of setbacks.
Q2 2015 to Q1 of 2016 — The omission of the word "except" was planned for correction
along with other clarifications/corrections as they were identified or submitted.
The new owners of PD1-1 desire to create multiple Planning Areas within the current
PD 1-1 Planning Area. There are multiple land owners within this area but some PD
regulations pertain to a ratio of the entire Zoning District or Planning Area. This could
allow one property owner to develop a greater percentage of his land, than would be
allowed if calculated independently, and this would force the other property owners to
compensate by developing less area.
Page 3 of 8
II. Proposed amendments to Ordinance 691, highlighted, and their
effect on future development within the PD 1 Zoning District and
the PD 1-1 Planning Area:
A. Text to be inserted in the Caption, Preamble, and Part II of Ordinance
691:
1. Text to be inserted in the Ordinance Caption (highlighted):
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE 691, BY AMENDING THE DEVELOPMENT REGULATIONS FOR
THE PLANNED DEVELOPMENT DISTRICT NO. 1, PLANNING AREA 1 ("PD1-
1"); PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT;
PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENAL CLAUSE; AND
MAKING AN EFFECTIVE DATE.
2. Text to be inserted in the Preamble (highlighted):
WHEREAS, Ordinance No. 200, as amended, the Comprehensive Zoning
Ordinance for the Town of Westlake, was amended by ordinance 691, and
WHEREAS, there were found to be provisions that needed clarification in the
amending ordinance 691; and
WHEREAS, Planning Area 2 (PD 1-2) is now regulated by Ordinance 703;
and
WHEREAS, Planning Area 3 (PD 1-3) is now regulated by Ordinance 693;
and
3. Text to be inserted in Part II of the body of the proposed Ordinance
(highlighted):
Section 1. Planning Areas. The PD1 Zoning District is hereby divided into
three distinct planning areas. These planning areas are to be referred to as
Planning Area 1 (PD1-1), Planning Area 2 (PD1-2), and Planning Area 3 (PD1-
3). The planning areas are described in Exhibits "PD1-1", "PD1-2", and "PD1-3".
Section 2. Planning Area 2 (PD1-2) shall be regulated by ordinance 703, as
amended.
Section 3. Planning Area 3 (PD1-3) shall be regulated by ordinance 693, as
amended.
Section 4. Planning Area 1 (PD1-1) shall be regulated by the following
sections of this ordinance and the Town of Westlake Code of Ordinances.
Page 4 of 8
Note that Part II, Sections 2, 3, and 4 in the existing Ordinance become
Sections 5, 6, and 7 in the proposed Ordinance.
Effect of changes:
The inserted text limits the regulations specified in Ordinance 691 to the PD 1-1
Planning Area only, clarifying that the 10% limit for land area coverage by Principal Use
Buildings contained in Section 4B of existing Ordinance 691 applies only to the PD 1-1
Planning Area. PD 1-2 (Entrada) and PD 1-3 (Granada) both received differing
regulations when they were effectively rezoned by separate ordinances.
B. Amendments to Part II, Section 7A (Section 4A in existing Ordinance
691):
Section 7. Dimensional standards and requirements. The following dimensional
standards and requirements shall apply:
A. The minimum required lot area shall be five (5) acres, with the exception
of Lot 1 R2 of Block 2 of Westlake/Southlake Park Addition No. 1, which
shall measure 1.722 Acres (before right-of-way dedication).
Exception: Property containing existing buildings may be re-platted into
lots of less than five acres if approved as part of a PD Site Plan approval.
Effect of changes:
1. Clarifying that the minimum required lot area is five acres.
2. The intent of the exception, which was added with the passage of Ordinance 691,
was to allow the property owner the ability to re-plat property containing an existing
building that could not comply with the minimum lot size requirements due to the
proximity of other buildings on the property. This would allow for a fee simple real
estate transaction as opposed to forcing a condominium or other type transaction.
Staff has subsequently determined that the selling of portions of a property, that is
part of a property that was developed with an approved PD Site Plan, may need
closer scrutiny and possible approval by the approving boards or commissions prior
to breaking up the property. For example: Cross access easements, shared
parking agreements, percentage of coverage by Principal Use Buildings, open space
or parkland dedication and trail requirements, etc..
Page 5 of 8
C. Amendments to Part II, Section X (Section 4C in existing Ordinance 691):
A. The minimum size of any front, side or rear yard for principal and accessory use
buildings, with the exception of Lot 1 R2 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 Solana Boulevard, (southeast corner) for which building the setback shall be
eighty (80) feet;
2. Two hundred (200) feet from The minimum sothaGk from State Highway 114.
shall be two hi Rdred (200) feet-,
3. Five hundred (500) feet from any adjacent residentially zoned lot area for the
area i-I bed on rexhibit " an�Jp `Ac except for residential lots located in PD
1-2, which is a mixed-use development; or
4 in—aGGOrdanGe with the Section 102 124(b)(2)(b) of the Zoning nrdinanGe
Gentain ed on the Code of OrdinanGes for the property deSGribed in Exhibitr
and "2"; or
4. Otherwise setbacks shall be one hundred (100) feet for side yards and rear
yards. Setha„Us shall be one hundred (100) foot for roar yards
Effect of changes:
a. Paragraph 1. Clarifying that the exception is intended to apply only to the existing
building located on the southeast corner and not to any other property adjacent to
the intersection.
b. Paragraph 3. Clarifying that a 500 foot setback is required from adjacent residential
lots other than those lots within the PD 1-2 (Westlake Entrada development)
Planning Area.
c. Paragraph 4. Deleted. The referenced Code of Ordinance Section applies to all
commercial districts located near a residential lot. This is referring to the
"Residential Slope or 5:1 building setback to building height ratio." Citing code
sections within an ordinance is not considered a good practice since there are no
controls to assure that if the code section being referred to gets renumbered or
relocated within the code, that the ordinances referencing the code section will also
get amended.
d. Paragraph 4. (new #4, previous #5) The intent of the exception, which was added
with the passage of Ordinance 691, was to allow the property owner the ability to re-
plat property containing an existing building that could not comply with the minimum
Page 6 of 8
set back requirements due to the proximity of other buildings on the property. This
would allow for a fee simple real estate transaction as opposed to forcing a
condominium or other type transaction. Staff has subsequently determined that the
selling of portions of a property, that is part of a property that was developed with an
approved PD Site Plan, may need closer scrutiny and possible approval by the
approving boards or commissions prior to breaking up the property. For example:
Building wall fire rating requirements based on proximity to property lines, cross
access easements, shared parking agreements, percentage of coverage by
Principal Use Buildings, open space or parkland dedication and trail requirements,
etc..
D. Other changes are included to remove unnecessary references to the
PD 1 Zoning District or Planning Areas PD 1-2 and PD 1-3.
III.What is not changing:
A. Permitted Uses:
The Permitted Uses for this property are not being changed but are listed below for
informational purposes:
Principal Uses Permitted. No building, structure or premises shall be used other than for
the following purposes, together with the ancillary and accessory uses specified in
Section 3:
A. Office buildings for business and professional use, including, but not limited to,
administrative, executive, engineering, accounting, scientific research and
development, educational, marketing, information processing, computers, statistical
and financial purposes, provided such use shall not involve any machinery or
process which pollutes the environment, including without limitation those which emit
dust, smoke, odor, fumes, noise, vibrations or the like;
B. Educational facilities and temporary accommodations for employees, customers and
visitors to such educational facilities;
C. Hotel and conferencing facilities;
D. Retail uses including but not limited to, medical and dental clinics, cafeterias,
restaurants, travel agencies, banks and other financial institutions, hair salons, jewelry
stores, child care centers, dry cleaners, and other uses permitted under the retail
category of the Comprehensive Zoning Ordinance of 1992, as amended;
E. Institutional and Governmental Uses; and
F. Sports and health club.
Page 7 of 8
B. Permitted Uses within the 500 foot building setback:
No changes are proposed with this amending ordinance. Part II, Section 4C of the
original text states that "The minimum size of any front, side or rear yard for principal
and accessory use buildings..." Staff has interpreted this to apply to principal and
accessory use buildings only. A parking lot is not considered a building. However,
parking lots do have numerous regulations relative to screening and landscaping that
greatly influence where they are placed.
IV. Alignment with the Comprehensive Plan
Reinstalling the 500 foot building setback moves the Town closer to the intent of the
recently adopted Comprehensive Plan, which shows the area covered by the 500'
setback as open space (shown on page 167 of the Comprehensive Plan). Note that the
property owner has the option to satisfy much of the open space requirements for PD 1-
1 by dedicating the acreage within the building setback as open space, but has chosen
not to exercise this option.
Page 8 of 8
December 21, 2015
Town of Westlake Planning and Zoning Commission
Town of Westlake-Town Council
1301 Solana Blvd, Building 4,Suite 4202
Westlake,TX 76262
Re: Z-12-15-15 Zoning Change, amending Ordinance 691
Dear Commissioners and Councilmembers:
As owners of the property affected by this proposed Zoning Change, we formally
object/protest the amendment proposed under Z-12-15-15, AND request a
continuance of the amendment discussion/vote until March so we can continue
negotiating with the Town of Westlake and adjacent neighbors in good faith.
Background
BRE Solana LLC acquired this property in August 2014 with Ordinance 691 in place
to govern the area known as PD 1-1. There are different setback provisions in
Ordinance 691 consisting of generally 100 feet from most areas and 200 feet from
State Highway 114 (Section 4. C. 1, 2, 5). Section 4. C. 3. states the setback is 500
feet from any residentially zoned areas for the area described in exhibit"A-1"and
exhibit "A-2". Exhibit A-1 is the land on which Entrada is being developed and
exhibit A-2 is the land on which Granada is being developed. BRE Solana LLC does
not own any land referenced in these exhibits.
Ordinance 691 amended Ordinance 588 (which amended Ordinance 202). The
applicable section in Ordinance 588 that references a 500 foot setback is Section 4.
C. 2. where it is written exactly the same as Section 4. C. 3. of Ordinance 691 except
that it references the area described in Exhibit "A". Exhibit A in this case
references the entire Solana project pre-disposition of the Granada and Entrada
tracts. Among other changes, it appears the intent of changing the reference to the
exhibits was to reduce the land area that the 500-foot setback referred to. It is
important to remember that Ordinance 691 went into effect in January 2013, 22
months prior to our acquisition.
Update
Our primary focus since the August 2014 acquisition has been executing the
redevelopment plan to improve the Solana Business Park and subsequently lease
office space. There are currently no plans whatsoever to develop the undeveloped
Solana land in the near term. It is also unlikely that BRE Solana LLC will directly
participate in a development- it will most likely dispose of the land to a developer
or end user.
We understand that the Town of Westlake staff believes that Section 4. C. 3. in
Ordinance 691 was a mistake and has been approached by Westlake residents
regarding such. In good faith, we have met with Town staff as well as with Colin
Stevenson and Neil McNabnay of Glenwyck Farms to discuss a mutually beneficial
solution that would compensate Solana for the negative impact to our land of having
this extensive additional setback imposed while also providing adjacent property
owners with the views they desire.
It is clear that the Glenwyck Farms residents enjoy the natural setting that our land
provides and wish to retain that setting as viewed from their backyards. The 500
foot building setback, if it were to be imposed on us with this amendment, does not
guarantee that setting, because a developer could build a parking lot within the
setback area as long as a structure was not developed within 500 feet (as confirmed
multiple times by Town staff and the Town attorney). We believe that a far superior
solution exists that would preserve the views that Glenwyck residents desire, while
also offsetting any of the significant and unanticipated loss in value to us that a new
setback or buffer would create.
We attempted to schedule a site visit to discuss this greenbelt with Colin and Neil
prior to the January 4 P&Z meeting but were unable to do so because of holiday
schedules. Both sides are interested in exploring options to determine if there is a
mutually satisfactory solution with respect to the property. We have agreed to meet
in late January or early February to initiate that process.
We have also met with the Town of Westlake to discuss the most appropriate ways
to compensate BRE Solana LLC for the severe loss in value on the land should new
setbacks be instituted.
Summary
We are proud of the Solana redevelopment effort to date and appreciate the Town of
Westlake's support. We believe that the completed redevelopment will generate
significant revenue for the Town of Westlake.
We acquired this property with specific zoning that was put in place prior to our
ownership. Changing the setback will reduce the value of the undeveloped land,and
as fiduciaries for numerous public pension plans and institutional investors, this is
not something that we can agree to without mitigation that the Town of Westlake
can provide. That being said, it is our sincere desire to work in good faith with the
Town of Westlake and with our neighbors on a solution that we believe could be
more favorable to our neighbors than what the requested change to Ordinance 691
contemplates.
Therefore, we respectfully object/protest to the amendment proposed under 2-12-
15-15 AND request a continuance of the amendment discussion/vote until March so
we can continue negotiating with the Town and with our neighbors in good faith
towards a mutually beneficial solution for all parties.
Best regards,
Brian Driesse
Representative of BRE Solana LLC
Cc: Payton Mayes
email:
December 23, 2015
Town of Westlake
Planning and Zoning Commission
3 Village Circle, Suite 202
Westlake,TX 76262
RE: Z-12-15-15 Zoning Change, Amending Ordinance 691
Dear Planning and Zoning Commissioners:
I live at 1825 Broken Bend Drive in Glenwyck Farms (our property borders PD1-1 to the north and east) and I've
recently purchased Lot 78 in Granada (2018 Valencia Cove which borders PD1-1 to the east) and intend to move
there once our new home is built. I'm writing you because I will be out of the country on January 4th and unable to
attend the January 4th P&Z meeting. As such, my wife, Erin, and I request that the following be read into public
record.
We urge the P&Z to amend Ordinance 691 to provide a minimum 500 foot building setback within the PD1-1
Planning Area from ALL residential properties located within the Glenwyck Farms,Terra Bella, Carlyle developments
AND from all residential properties located along the eastern border of the Granada developments.
As I understand it,when Ordinance 691 was drafted the 500 foot setback restriction was mistakenly removed from all
areas adjacent to PD1-1 except the newly formed residential development known as Granada;whereas the intention
was to maintain the setback restriction in all areas except Granada. It's unclear to me when the city became aware of
this conflict but it appears to have been roughly 18 months ago. Nevertheless, what is clear is that the city actively
chose to remain silent on its intent to modify the ordinance until very recently. In the meantime, the lots along the
eastern border of Granada were developed, marketed, and sold with the express added value of the 500 foot setback
restriction as evidenced in Ordinance 691.As you can imagine, eliminating the 500 foot setback restriction from PD1-
1 now,as it relates to those lots within Granada,would be problematic for all parties, including the city of Westlake.
Take my situation as an example.
On 10/26/15 my wife and I entered into a contract with Simmons Estate Homes to purchase Lot 78 in Granada. We
selected Lot 78 solely on the basis that it's eastern border was protected by the same 500 foot setback restriction that
we've enjoyed for 12+years in Glenwyck Farms. Then, on Friday, 11/13/15, four days before we were scheduled to
close escrow on the lot, I heard a rumor that the 500 foot setback did not apply to Granada. I immediately contacted
Simmons Estate Homes and advised Scott Simmons of that rumor and asked him to provided confirmation that the
500 foot setback was in fact in place and enforceable. Scott was unaware of any such rumor. He promptly
contacted the city of Westlake and then forwarded me a copy of Ordinance 691 pointing to Part II, Section 4, C.3 as
affirmative evidence that the 500 foot setback was in fact in place and enforceable. The city made no mention of any
pending action or intention to change the setback protection. Based on that we proceeded with our escrow closing
and purchased Lot 78.
Had the city acted on, or declared, its original intention to modify Ordinance 691 and remove the 500 foot setback
protection from the Granada development we would never have considered purchasing Lot 78. At this point, I'm not
certain what the legal ramifications are should the city now decide to remove the 500 foot setback protection from the
Granada properties but it seems reasonable to me that the cities prolonged and continued silence creates a condition
of liability on its part should it now choose to remove the 500 foot setback protection from the Granada properties.
To that point, at the 11/18/15 Westlake town hall meeting in Glenwyck Farms Westlake city officials initially proposed
that the solution to this conflict was to simply remove the 500 setback protection from Granada and reinstate it for
Glenwyck,Terra Bella, and Carlyle. I pointed out that,while I agree completely with the need to reinstate the 500 foot
setback protection for Glenwyck, Terra Bella, and Carlyle, removing the 500 foot setback protection from Granada
would be an untenable solution and a serious hardship for Granada property owners that would likely lead to legal
action on their behalf. After further discussion, Eddie Edwards, Westlake Director of Planning & Development,
indicated that the proper and preferable solution would be to extend the 500 foot setback requirement to include all
residential properties located within the Glenwyck Farms, Terra Bella, Carlyle developments, AND all properties
along the eastern border of the Granada development.
Mr. Edwards' solution is the right answer, and frankly it's the only reasonable solution for all parties given the
circumstance outlined above.
I urge your support of this solution as the permanent path forward.
Sincerely,
0. acL�
Patrick A. Cockrum
cc: Eddie Edwards, Director of Planning & Development, Westlake
Scott Simmons, Simmons Estate Homes
Planning
and Zoning
Item # 6 — Adjournment
Regular Session
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