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Home My WebLink About02-20-13 PZ Agenda Packet Page 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA February 20, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5:00 p.m. Regular Session 6:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSSION REGARDING ITEMS ON THE REGULAR SESSION AGENDA. 3. REPORT ON THE COMPREHENSIVE PLAN UPDATE PROCESS. 4. REPORT ON THE PLANNED WESTLAKE ACADEMY PHASE I FACILITY IMPROVEMENTS. 5. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. REVIEW AND APPROVE WORKSHOP MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. Page 2 of 2 3. REVIEW AND APPROVE THE REGULAR MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. 4. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 690 , O AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. The applicant has requested item #5 be pulled from the agenda for further discussion. There will be no action taken on this item. 5. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. 6. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. 7. DISCUSSION AND CONSIDERATION TO REGARDING THE APPOINTMENT OF AN ACTING CHAIRMAN TO SERVE IN THE ABSENCE OF THE CHAIRMAN. 8. 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, on February 15, 2013, by 3:00 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. 2. REVIEW AND APPROVE WORKSHOP MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. 3. REVIEW AND APPROVE THE REGULAR MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. 4. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 690, O AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. 5. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. The applicant has requested item #5 be pulled from the agenda for further discussion. There will be no action taken on this item. 6. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. 7. DISCUSSION AND CONSIDERATION TO REGARDING THE APPOINTMENT OF AN ACTING CHAIRMAN TO SERVE IN THE ABSENCE OF THE CHAIRMAN. Planning and Zoning Item # 2 – Discussion regarding Regular Session Items 3. REPORT ON THE COMPREHENSIVE PLAN UPDATE PROCESS. See documents under item 4 of the regular agenda. Planning and Zoning Item # 3 – Back up material has not been provided for this item. 4. REPORT ON THE PLANNED WESTLAKE ACADEMY PHASE I FACILITY IMPROVEMENTS. Planning and Zoning Item # 4 – Back up material has not been provided for this item. Planning and Zoning Item # 5 – Workshop Adjournment Back up material has not been provided for this item. PZ Wkshp Min 01/22/13 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION WORKSHOP January 22, 2013 PRESENT: Chairman Bill Greenwood, Commissioners Walter Copeland, Tim Brittan and Wayne Stoltenberg. ABSENT: Allen Heath OTHERS PRESENT: Town Manager Tom Brymer, Planning and Development Director Eddie Edwards, Town Attorney Cathy Cunningham and Town Secretary Kelly Edwards. 1. CALL TO WORKSHOP TO ORDER Chairman Greenwood called the meeting to order at 5:12 p.m. 2. DISCUSSION OF ZONING CHANGE APPLICATION Z-10-01-12 (WESTLAKE VALLECITO) AND ZONING CHANGE APPLICATION Z-10-02-12 (GRANADA). Town Manager Brymer provided an overview of the proposed Granada development. Commissioner Brittan recused himself from the remainder of the meeting due to a conflict of interest. Mr. Mehrdad Moayedi, Centurion American, stated that they would request to table the proposed zoning request for Vallecito. Mr. Moayedi then provided an overview and revisions regarding the proposed zoning request for Granada. Discussion ensued regarding the setbacks along Dove Road and FM 1938 Davis Boulevard, incorporating the FM 1938 streetscape design elements, the entrance features, average homes and lot prices, design elements of the proposed homes, and the impact to the Academy. PZ Wkshp Min 01/22/13 Page 2 of 2 3. ADJOURNMENT There being no further business to come before the Chairman Greenwood, asked for a motion to adjourn. MOTION: Commissioner Stoltenberg made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0. There being no further business to come before the Chairman Greenwood adjourned the workshop at 5:50 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE 20th DAY OF FEBRUARY 2013. ________________________________ Bill Greenwood, Chairman ATTEST: ______________________________ Kelly Edwards, Town Secretary P&Z Minutes 01/22/13 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING January 22, 2013 PRESENT: Chairman Bill Greenwood, Commissioners Walter Copeland, Tim Brittan and Wayne Stoltenberg. ABSENT: Allen Heath OTHERS PRESENT: Town Manager Tom Brymer, Planning and Development Director Eddie Edwards, and Town Secretary Kelly Edwards. 1. CALL TO ORDER Chairman Greenwood called the meeting to order at 6:02 p.m. Chairman Greenwood announced that the applicant will request postponement of the proposed Vallecito zoning change until the next meeting. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER 10, 2012. MOTION: Commissioner Brittan made a motion to approve the minutes as revised. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Commissioner Brittan recused himself from the remainder of the meeting due to a conflict of interest. P&Z Minutes 01/22/13 Page 2 of 7 3. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 690 , AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. Planning and Development Director Edwards provided a presentation and overview of the amendment. Chairman Greenwood opened the public hearing. No one addressed the Commission. MOTION: Commissioner Copeland made a motion close the public hearing. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 3-0. Chairman Greenwood closed the public hearing. MOTION: Commissioner Stoltenberg made a motion to recommend approval of Ordinance 690. Commissioner Copland seconded the motion. The motion carried by a vote of 3-0. The audience was unable to hear the announcement of the public hearing. MOTION: Commissioner Stoltenberg made a motion to reconsider and reopen the public hearing regarding Ordinance 690. Commissioner Copland seconded the motion. The motion carried by a vote of 3-0. Derrell Johnson, 2201 Vaquero Club Drive, spoke in opposition of the amendment asking the Commission if the amendment without question adds potential value to the community Stephen Thornton, 13187 Thornton Drive, stated he appreciates the open space and prefers the office campus planning currently zoned for this area. He asked that the Commission provide the residents with additional time to become more familiar with the proposed development. BeAnn Arthur, 1755 Dove Road, spoke in opposition of the plan; reading a letter from Sara Brown who was also in opposition. She asked that the Commission table this ordinance. Sacha Obaid, 1717 Wisteria Way, spoke in opposition asking the Commission to table this proposal which would drastically change the Town. Paul Beauchamp, 1857 Broken Bend, spoke in opposition of the item stating they moved here for Westlake Academy and the current zoning of the Town and they are concerned about the impact to the Academy. Neil McNabnay, 1815 Broken Bend, spoke in opposition asking the Commission to exercise patience and for the town to perform studies that show the effects on the Academy and Carroll ISD. P&Z Minutes 01/22/13 Page 3 of 7 Bert Schultz, 2214 Cedar Elm Terrace, asked the Commission to postpone this decision until additional studies are provided showing the impacts to the community. Martha McCoy, 1475 Dove Road, stated her decision to move to Westlake was based on the current land use plan. She also stated that she is concerned about the impact to the school and the safety of children riding bikes to school. Scott Bradley, 1 PaigeBrooke, asked the Commission to table the change at the request of the residents until they have input into the plan and proposed uses. Kathleen Harris, 1604 Creekwood Court, stated they moved to Westlake due to the current comprehensive plan and would like to have input regarding the proposed amendments. MOTION: Commissioner Copeland made a motion close the public hearing. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 3-0. Town Manager Brymer addressed the questions regarding the impact to the infrastructure, fire and police services as outlined in the agenda packet, the analysis that has been performed as it relates to Westlake Academy and the general growth of the school discussed over the past several months. MOTION: Commissioner Copeland made a motion to table action regarding Ordinance 690 until after the Public Hearing of Item 4. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 3-0. MOTION: Commissioner Stoltenberg made a motion to table Ordinance 690 and continue the public hearing on February 20, 2013. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0 4. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. Town Manager Brymer provided a presentation and overview of revisions regarding the proposed zoning request. P&Z Minutes 01/22/13 Page 4 of 7 Mr. Mehrdad Moayedi, Centurion American, provided specifics regarding the purchase and ownership of the property and the various meetings conducted with Town Staff and residents. Mr. Robert Dollak, G&A Civil Engineer, provided a presentation and overview of the proposed Granada zoning request detailing the meeting timeline and multiple concept plans that have been submitted to the Town. Mr. Moayedi stated he believed that the residents were comfortable with the residential subdivision proposal or he would have not presented it at this meeting. He then answered questions regarding the potential development which could occur using the current zoning entitlements and specifics regarding Toll Brothers home builders. Chairman Greenwood recessed the meeting at 7:49 p.m. Chairman Greenwood reconvened the meeting at 7:59 p.m. Chairman Greenwood opened the public hearing. Mr. Moayedi stated he believes that the impact to Westlake Academy could be 17-20 students on an annual basis from this development. Derrell Johnson, 2201 Vaquero Club Drive, stated he has noticed the rate of change in reasons people are moving to Westlake. He also stated that he is not necessarily opposed to the development but opposed to the density of the project as proposed. Trina Gwynn , 1623 Fair Oaks Court, spoke in opposition to the selection of builder, price point of the homes and is concerned about the impact to the Academy. Mr. Moayedi clarified that 3,000 square feet is the minimum size for a home and addressed price point concerns. Sasha Obaid, 1717 Wisteria Way, stated that he is not opposed to the residential development but asked why residents should choose this plan instead of the commercial development and that he is concerned that the proposal would be a downgrade from surrounding developments in Westlake. Mr. Moayedi addressed Mr. Obaid’s concerns regarding the commercial property stating they would like to create the residential subdivision as a transition piece into the potential commercial development North to Highway 114. Stephen Thornton, 13187 Thornton Drive, spoke in opposition of the density and open space. He does believe this is a nice product however he is concerned about the sidewalk, open space buffer and density. Mr. Moayedi addressed Mr. Thornton concerns regarding open space concerns and density. P&Z Minutes 01/22/13 Page 5 of 7 James Orr, 2005 Brazos Court, stated he would rather have a residential area than commercial area, however, he would remove the 35 foot height restriction, not allow composition roofs, and not allow brick. Commissioner Stoltenberg addressed Mr. Orr’s concerns regarding the design standards. Mr. Moayedi addressed Mr. Orr’s concerns regarding the exterior design features. Scott Bradley, 1 PaigeBrooke, stated he would prefer the office zoning to the proposed residential zoning and that corporate campus would generate additional sales tax revenue for the community. Mr. Moayedi addressed Mr. Bradley’s concerns regarding commercial zoning of the property. Dan Dixson, 1833 Broken Bend Drive, spoke in opposition based upon concerns regarding the density and using a single builder instead of using customer builders. Mr. Moayedi addressed Mr. Dixson’s concerns regarding the use of a single builder and outlined the timeframe homes could be built. Kathleen Harris, 1604 Creekwood Court, spoke in opposition of the price point of homes, which she feels will not sell. Mr. Moayedi addressed Ms. Harris’ concerns regarding the proposed price point of homes. Rick Simmons, 1851 Broken Bend Drive, stated he is not for or against but as a custom builder, he believes the density should be reconsidered before moving forward with the development. Marla Trivedi, 2203 Vaquero State Blvd., is not opposed to development but she would like the Town to look at other opportunities for that property and has concerns regarding the proposed density for this development. Mr. Moayedi addressed Mrs. Travedi’s concerns regarding the density and open space along the perimeter of the subdivision. Bea Ann Arthur, 1755 Dove Road, spoke in opposition of the development. She provided the Commission a handout summarizing 202 emails she received from residents regarding the proposed development. Her concerns are the number of lots, the amount of green space, and the use of only one home builder. Roland Arthur, 1755 Dove Road, spoke in opposition of the proposed development requesting that the development have at a minimum one (1) acre lots and seventy-five (75) homes. Dee Ann Jepsen, 2008 Wood Thrush Court, believes the impact to Westlake Academy could be underestimated based on the current proposed development. Bert Schulz, 2214 Cedar Elm Terrace, asked if the property owner would consider reducing the subdivision to seventy-five (75) lots and use custom builders. P&Z Minutes 01/22/13 Page 6 of 7 Mr. Moayedi addressed Mr. Schultz’s concerns regarding the use of one home builder and reducing the number of lots due to the open space, design standards and proposed amenities of the development. Neil McNabnay, 1815 Broken Bend, stated that he believes this is not a value added project and does not want tract homes. He also asked why Commissioner Brittan recused himself from the meeting. Mr. Moayedi addressed Mr. McNabnay’s concerns stating that Commissioner Brittan is in negations to purchase the mineral rights of the current gas wells located on the property. Town Manager Brymer also provided an overview of Commissioner Brittan’s decision to recuse himself from the discussion. Phil Small, 32 Wyck Hill Lane, stated that he does not understand why the Town is proposing a development that residents do not want. Mr. Moayedi addressed Mr. Small’s concerns regarding the Vallcetio development. Andrew Kuster, 1803 Shady Grove Court, asked the Commission to vote against the proposed developments. MOTION: Commissioner Stoltenberg made a motion close the public hearing. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0. Chairman Greenwood closed the public hearing. Discussion then ensued regarding the overall impact of the project to the community. Mr. Moayedi asked for direction from the Commission regarding how to proceed with additional meetings. MOTION: Commissioner Stoltenberg made a motion to motion to table Ordinance 693 and continue the public hearing on February 20, 2013. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0. P&Z Minutes 01/22/13 Page 7 of 7 5. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. Mr. Moayedi requested this item be tabled due to additional concerns regarding the proposed request. Chairman Greenwood opened the public hearing. No one addressed the Commission. Chairman Greenwood closed the public hearing. Chairman Greenwood then directed the Commission back to item 3 of the agenda to conduct a vote. MOTION: Commissioner Copeland made a motion to table Ordinance 692 and continue the public hearing on February 20, 2013. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 6. ADJOURNMENT There being no further business to come before the Chairman Greenwood, asked for a motion to adjourn. MOTION: Commissioner Stoltenberg made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0. Chairman Greenwood adjourned the meeting at 9:27 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE 20th DAY OF FEBRUARY 2013. ________________________________ William E. Greenwood, Chairman ATTEST: ______________________________ Kelly Edwards, Town Secretary Page 1 of 3 estlake Planning & Zoning Commission Type of Action Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Wednesday February 20, 2013 Click here to enter a date. TOPIC: Continuation of Public Hearing and Considerat ion for Approval of Ordinance 690 Amending the Town’s Comprehensive Plan “Land Use Map”. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 February 20, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 3 EXECUTIVE SUMMARY This is continuation of a public hearing which began at the Commission’s December 10, 2012 meeting to consider approval of an amendment to the Comprehensive Plan “Land Use Map” to change the proposed uses of two parcels within the PD1 zoning district from Office Park to Mixed-Use and from Office Park to Single-family Detached residential. With the applicant’s withdrawal of their zoning change request for mixed-use as a permitted use on the tract at the northeast corner of Solana Boulevard and FM1938 (Davis Blvd), only the request to amend the land use plan portion of the Comprehensive Plan remains for “single family residential detached” use (at the northeast corner of Dove Road and FM 1938) remains before the Commission for consideration from where this process started in December 2012. Additionally, the staff has placed on this iteration of the proposed amendment to the land use plan to designate the tract immediately north and adjacent to Glenwyck Farms as “open space” use. THIS DOES NOT CHANGE THE ZONING OF THE TRACT. Approval of this amendment is a requisite step prior to a zoning change approval, but does not guarantee that a zoning change will be approved. It is intended to provide predictability to existing and future property owners as to what type uses to expect for future development in these areas of the Town. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned as a Planned Development with Office, Hotel and Conferencing, Health and Fitness Club, Governmental, Educational and Retail uses. This roughly comports to the Land Use Map. The Single-Family Detached designation will allow an applicant to seek approval for a change of permitted uses from Office to Single-Family Residential. A public hearing on this request was held at the Commission’s December 10, 2012 regular meeting. At that meeting this request was continued meeting until the Commission’s January 22, 2013 meeting. At the January 22nd Commission meeting a workshop and public hearing was held on this request and its related zoning change requests. At the January 22 nd public hearing the Commission continued this item until its February 20, 2013 regular meeting. On February 4, 2013 the Commission held a joint workshop with the Town Council on the zoning change requests that are the impetus for this amendment to the land use component of our Comprehensive Plan. It should be noted that, since the applicant has withdrawn their zoning change request for their tract at the northeast corner of FM 1938 (David Blvd) and Solana Boulevard, that only the request to amend the land use plan for single family residential detached on their tract at the northeast corner of Dove Road and FM 1938 (Davis Blvd) remains before the Commission from where this process started in December 2012. Additionally, the staff has placed on this iteration of the proposed amendment to the land use plan to designate the tract immediately north and adjacent to Glenwyck Farms as “open space” use. Staff recommends approval of designating on the 85 acre (approx.) tract at the northeast corner of Dove Road and FM1938 as “single family residential” and the tract north of and adjacent to Glenwyck Farms as “open space”. Page 3 of 3 ATTACHMENTS 1. Exhibit: Land Use Map 2. Ordinance 690 Amending the Town’s Comprehensive Plan “Land Use Plan” SF R MI X E D U S E MI X E D U S E RE T A I L RE T A I L RE T A I L RE T A I L SFR MFR SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SFR OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OFFICE OFFICE OF F I C E OF F / I n d . OF F / I n d . Pu b l i c Fa c i l i t i e s PU B L I C G O L F PU B L I C G O L F Re s o r t Ho t e l MI X E D U S E OP E N S P A C E Ordinance 690 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 690 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE LIMITED TO THE PARCELS LOCATED WITHIN THE PD1 ZONING DISTRICT. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the amending of the Land Use Map; and WHEREAS, the Planning and Zoning Commission and Town Council held public hearings after notice of such hearing s being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “A”) to the Westlake Comprehensive Plan “Land Use Map” should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown in Exhibit A. Ordinance 690 Page 1 of 2 SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF FEBRUARY 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney SF R MI X E D U S E MI X E D U S E RE T A I L RE T A I L RE T A I L RE T A I L SFR MFR SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SF R SFR OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OF F I C E OFFICE OFFICE OF F I C E OF F / I n d . OF F / I n d . Pu b l i c Fa c i l i t i e s PU B L I C G O L F PU B L I C G O L F Re s o r t Ho t e l MI X E D U S E OP E N S P A C E Page 1 of 2 estlake Planning & Zoning Commission Type of Action Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Wednesday February 20, 2013 Click here to enter a date. TOPIC: Continuation of a Public Hearing and Consideration for Approval of an Amend ment to the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Roadway Design Standards, Residential Development Standards, Signage Standards, and the Concept Plan With Phasing Identified for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. Note: the applicant has withdrawn this zoning change request application (see attached letter from the applicant). STAFF CONTACT: Tom Brymer , Town Manager Eddie Edwards, Director of Planning & Development Decision Points Start Date Completion Date Timeframe: December 10, 2012 February 20, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY This is continuation of the public hearing from the Commission’s the Commission’s January 22, 2013 meeting for consideration of amend ing the PD1-2 planning area regulations to include new land uses and development standards. Note: the applicant has withdrawn this zoning change request application (see attached letter from the applicant). ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an amendment to the PD1-2 Planning Area regard ing the permitted uses to allow development of a mixed use planned development . This development will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, establishments, conference center type meeting space, single family residential detached homes, villas, as well as multi-family uses (condominiums and flats, i.e. apartments), The proposed uses will utilize a design for a European style (Spanish) village tentatively named Westlake Vallecito. Applicant advises that estimated value of improvements on this tract per these proposed uses will be approximately $500,000,000. A public hearing on this request was held at the Commission’s December 10, 2012 regular meeting. At that meeting this request was continued meeting until the Commission’s January 22, 2013 meeting. At the January 22nd Commission meeting a workshop and public hearing was held on this request. At the January 22 nd public hearing the Commission continued this item until its February 20, 2013 meeting. On February 4, 2013 the Commission held a joint workshop with the Town Council on this request. Finally, the applicant held a number of meetings with interested residents concerning this request. ATTACHMENTS . 1. Site Location Map 2. Letter dated 2-5-13 from Maguire Partners-Solana Land, L.P. withdrawing this zoning change application. Page 1 of 3 estlake Planning & Zoning Commission TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Wednesday February 20, 2013 Click here to enter a date TOPIC: Continuation of a Public Hearing and Consideration of an Amendment to the Permitted Uses and Development Regulations of Planning District 1-3 (PD1-3) Including Permitted Use Regulations and Residential Development Standards Including Height, Lot Size, Building Lines, Building Design, Minimum Floor Area, Landscaping, Drainage, Concept Plan, and Other Development Standards for Said PD1-3 to Allow for a Single-Family Residential Development on an 84 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Dove Road. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Tom Brymer, Town Manager DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 February 20, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Page 2 of 3 Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY This is continuation of a public hearing held at the Commission’s January 22, 2013 meeting to consider amend ing the PD1-3 planning area regulations to include new land uses and development standards. The subject tract is approximately 84 acres located at the northwest corner of Dove Road and FM 1938 (David Blvd) extending generally northward to the intersection of FM 1938 (Davis Blvd) and Solana Boulevard (see attached vicinity map for site location). The proposed development’s name is Granada. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an amendment to the PD1-3 Planning Area regarding the permitted uses to allow development of a single-family residential (detached) development. A public hearing on this request was held at the Commission’s December 10, 2012 regular meeting. At that meeting this request was continued meeting until the Commission’s January 22, 2013 meeting. At the January 22nd Commission meeting a workshop and public hearing was held on this request. At the January 22nd public hearing the Commission continued this item until its Fe bruary 20, 2013 regular meeting. On February 4, 2013 the Commission held a joint workshop with the Town Council on this request. Additionally, the applicant has held a number of meetings with interested residents concerning this request. At the February 4, 2013 joint Commission/Town Council workshop, the applicant reviewed a number of changes that he was proposing to make to his zoning change application for the subject property. These changes are reflected in the attached proposed zoning ordinance (which includes the concept plan for this development). These changes include: • Reduce number of lots from 89 to 84. • Front and rear setbacks to match R1 Zoning district. Front/ rear 40 feet and sides 20 feet. • 30,000 square foot average lot size. • Lower max imum building height from 35 feet to 28 feet measured at mid-span of roof, similar to Vaquero requirements. • Roofing types. No composition roofs. Tile or slate or similar roofing as approved only. • Exterior wall material must be primarily stone with a maximum of 30% brick or stucco as accent. Exception: Tuscan or Mediterranean style houses. • Wood windows only. No aluminum or vinyl. Page 3 of 3 • New concept plan reflecting the changes noted above. Same general layout and boundaries. • Town takes back responsibility for FM1938 Streetscape installation. The current iteration of the concept plan reflecting the above changes on number of lots (which is a part of the proposed zoning ordinance) continues to contain extensive open space (25.76 acres), as well as continues to utilize buffers to adjacent uses that include trails that be will publicly accessible, but privately maintained. At the February 4, 2013 joint Town Council/Commission the staff advised that they had retained an architect’s services to review the materials and other construction standards contained in the proposed zoning ordinance, including the changes the applicant was willing to make to his application outlined above. That report has been received and is attached. It should be noted that some of the architect’s recommendations would most appropriately be addressed in the design standards contained in the deed restrictions (CCR’s) for this proposed development. If a zoning change was granted, next steps would involve preliminary platting. At the time of consideration for approval of the preliminary plat, staff recommends that the Town consider approval of the deed restrictions for this proposed development. The applicant/developer has indicated to staff that the homes in this proposed development would be in the $1.2 million price range (approx.). Staff recommends approval with the changes discussed at the joint Town Council/Commission workshop on February 2, 20113. ATTACHMENTS Click here to enter text. 1. Site Location Map 2. Staff Report 3. Ordinance Inclu ding Exhibits a. Legal Description of PD District b. PD1-3 Concept Plan 4. Report from Bennet-Benner-Pettit Architects & Planners re: their review of proposed architectural design standards contained in the proposed zoning ordinance for this zoning change request . 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL PD1-3 Zoning Amendment and Concept plan I. CASE INFORMATION Case No. Z –10-02-12 Date: 02-14-2013 Request: Applicant is requesting approval of the following: Zoning amendment _X__ (PD1-3; PD1, Planning area 3) Concept Plan _X__ Development Name: Granada Location: Subject property is an approximate 84 acre tract of land generally located at the northeast corner of FM1938 and Dove Road, extending north to Solana Blvd. The property extends easterly stopping in alignment with the northwest corner of the Glenwyck Farms sub-division. Owner: Centurion American Developer: Centurion American Zoning: PD1-3 Acres: 84.28 (92.24 acres including right-of way dedications) Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per acre gross density with minimum lot size of 23,500 square foot and average lot size of 30,000 square foot. II. STAFF REVIEW COMMENTS 1. General This is a request for approval of an ordinance amending Planning Area 3 of the PD1 Planned Development Zoning District. (PD1-3). The amendment will apply only to the planning area indicated. The permitted uses and design standards 2 contained in the proposed Ordinance for this district were created with regulations specifically geared towards giving the Town the ability to ensure that the development will meet the high standards that Westlake has become known for. At build out the development will include approximately $92,000,000 in improvements that will be added to the ad valorem tax base. The proposed development will contain 84 residential lots of varying sizes ranging from 23,500 square feet to 44,000 square feet. For comparison purposes the two subdivisions in closest proximity to this site, Vaquero and Glenwyck farms have lot sizes starting at 12,566 square feet and 3,483 square feet respectively. Eighty percent of the lots in Glenwyck Farms are less than one acre. The gross density of the development will be approximately one (1) dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre. The close proximity of an existing office campus and the fact that the development will back up to a six-lane divided major thoroughfare make the perimeter Public Open Space a crucial element to keeping the neighborhood a desirable place to live. For this reason staff feels it is more important to have smaller lots that do not extend out to the right-of-way than to have larger lots without the Open Space separation from the roadways. The perimeter landscape buffer along with higher development standards incorporated into the Planned Development ordinance should keep the homes in Granada relatively close to the same price points as those in Glenwyck Farms. The developer is anticipating the average home price to be approximately $1.1 to $1.2 million dollars. 2. Concept Plan The Concept Plan shows 84 single family lots configured into a residential development to allow what essentially is a linear park comprised of privately maintained, public accessible trails (which ties into our Master Trail Plan) on the perimeter of the development. The development in this zoning district would be required to have full masonry walls along the adjacent roadways, the design for wh ich is a part of this Concept Plan. The staff has also worked with the applicant to establish variation in the front, side and rear setbacks to avoid visual monotony within the development. The preli minary plat will finalize some of 3 these setbacks. The Concept Plan incorporates design elements from the Town’s FM 1938 Streetscape Plan into the design along the side of the subject tract that adjoins FM 1938. Other design elements, such as a water feature, as well as a chapel structure (in the middle of the development) are also incorporated into the design as shown on the Concept Plan. 3. Setbacks/Building Lines Proposed for PD1-3 R1 zoning district Glenwyck Farms Vaquero lots < 30,000 s.f. Vaquero lots > 30,000 s.f. Front 40 ft. min. 40 ft. min. 40 ft. min. 35 ft. min. 40 ft. min. Rear 40 ft. min. 40 ft. min. 40 ft. min. 35 ft. min. 40 ft. min. Side 20 ft. min. 20ft. min. 20 ft. min. 15 ft. min. 20 ft. min. 4. Site Design Site Plans have not been required for residential developments because the structures have not been designed at this point and the structure design and location will drive the landscaping, both of which are required to be shown on a Site Plan. A Concept Plan, along with the all of the regulations contained in the proposed Planned Development ordinance, provide adequatly strong direction and controls on design and development standards in order to obtain the high quality development product that is intended. 5. Conformance with Comprehensive Plan This application is consistent with the Town’s recently amended Comprehensive Plan, its goal s and objectives, and its policies as it relates to land use and site development. 6. Building Design, Architecture, and Screening The building design, architectural, and screening regulations contained in the Planned Development ordinance and the Concept Plan were created with the goal in mind of Granada appearing at build out as a high end custom home sub- division similar to the high quality development achieved in both Vaquero and Glenwyck Farms sub-divisions. 4 7. Landscaping and Landscape Screening Common areas. The common areas around the perimeter of the project will be a combination of preserved natural landscaping in area of dense tree growth, and newly planted landscaping designed with staggered heights and clustering of plants and trees to break up and soften the view of the perimeter wall. The developer will install all of the landscaping and improvements included in the FM 1938 Streetscape Plan, much of which is shown on the Concept plan. Some elements have not been shown on the Concept Plan but will be included as development progresses and final determination of the best locations can be field approved. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. Where the landscaping included in the Public Open Space, that surrounds the sub-division, doesn’t provide enough trees between a lot and the roadway, trees will be required in rear yards to provide screening and sound buffering. 8. Parking The ordinance requires three covered parking spaces per dwelling. Garages may not face the street unless further back from the street than the side- facing garage. 9. Fire Lanes Because this sub-division will only have a single entrance and exit, an emergency access route is required. The emergency route will be a fire lane paved with open pavestones that permit grass to grow through them giving the appearance of open landscaped area but having the ability to support emergency vehicles in all weather conditions. 10. Access/Streets/Thoroughfare Plan The primary entrance and exit for the sub-division will be off of Solana Blvd. which is classified as a Major Boulevard Collector. Solana Blvd. connects with Hwy 114 and FM 1938, a Major Collector. 5 11. Street/Highway Right-of-Way Dedication Requirements No additional right-of-way dedication is required for this project. 12. Pedestrian Circulation Pedestrian circulation and connectivity with the Town’s network of trails will be accomplished with the Public Open Space trails. The applicant’s Concept Plan indicates that the subject site, although gated to limit vehicular access, will be accessible to pedestrians. 13. Lighting Compliance with all Town of Westlake ordinances as well as the International Dark Skies design guidelines is required for this PD. All lighting plans will be submitted to and reviewed/approved by staff prior to installation. 14. Tree Mitigation A tree mitigation plan will be submitted and will be reviewed by Town staff for compliance with Town ordinances. Tree mitigation will occur both on site and off site. The tree mitigation plan may be modified as the project progresses and will be monitored by town staff. Approval of this Concept Plan is not granting approval of the tree mitigation plan. 15. Signage The signage shown on the approved concept plan will be the only signage allowed other than signs specifically permitted for residentially zoned properties by other Town ordinances. 16. Utilities (including on and off-site extensions and easement dedications) Water and sewer utilities for this site are provided by the Town of Westlake. Off- site water and sewer line extensions to serve the site are the responsibility of the developer. All on-site electric utility lines, new or existing, will be placed underground. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 6 17. Storm water retention and detention The developer’s engineer has told Town staff that the drainage plans that will be submitted with the Preliminary Plat will detail how they will be able to develop the sub-division and, through retention and detention and other design features, have a lower rate of flow after development and build-out than is being experienced today. Town engineers will confirm their calculations prior to permitting any infrastructure improvement work permits. ________________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this Zoning Amendment and Concept Plan as submitted with the following stipulations: 1. Developer Agreement A Developer Agreement shall be approved prior to the commencement of construction activities related to the development of the sub- division. 2. Tree Mitigation: Tree mitigation will occur both on site and off site, in compliance with Town ordinances prior to acceptance of the sub-division and issuance of building permits unless otherwise stipulated in a Developer’s Agreement. 3. Park Land Dedication: Park Land Dedication requirements shall be addressed via a Developer’s Agreement prior to the approval of the Preliminary Plat. 4. Sequencing of improvements: All landscaping and improvements located with the open space and the right-of-way along FM 1938 and Solana Blvd. shall be completed prior to acceptance of the sub-division. 1 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow PD1-3 PLANNED DEVELOPMENT 1 PLANNING AREA 3 ORDINANCE NO. 693 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 84.04 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 3 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1 -3), GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE "PD1" PLANNED DEVELOPMENT DISTRICT BEING , OFFICE, HOTEL AND CONFERENCING, EDUCATIONAL, GOVERNMENTAL, SPORTS AND HEALTH CLUB, AND RETAIL USES, TO SINGLE FAMILY RESIDENTIAL AND RELATED ACCESORY USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Town Council amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 84.04-acre tract of land (commonly known as Planning Area 3 of the PD1 zoning district, being the portion of the PD1 zoning district bounded by Dove Road to the south, FM 1938 to the east, and Solana Boulevard to the north); and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest 2 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to FM 1938, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for residential uses within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, the Commission and Council held public hearings upon the application of Centurion American, to establish PD1-3 and amend the zoning regulations for the approximately 84.04-acre tract of land to a "PD" Planned Development District with single-family residential uses on December 10February 20, 20123, after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments (Exhibit “2”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Council has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202, as amended, is hereby amended by this PD Ordinance, by amending Planned Development District PD1, Planning Area 3 (PD1-3) within the property described in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit 2. 3 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 28th DAY OF JANUARY 2013. MAYOR ATTEST: Town Secretary APPROVED AS TO FORM: 4 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow Town Attorney i Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow EXHIBIT 2 PD1 PLANNING AREA 3 (PD1-3) SINGLE FAMILY RESIDENTIAL ARTICLE I. GENERAL PROVISIONS ....................................................................................... 1 SECTION 1 SHORT TITLE ............................................................................................................ 1 SECTION 2 PURPOSES .................................................................................................................. 1 SECTION 3 GENERAL DEFINITIONS ........................................................................................ 1 Section 3.1 Usage ................................................................................................................ 1 Section 3.2 Words and Terms Defined .............................................................................. 1 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ............................................... 2 Section 4.1 Applicable Town Ordinances ......................................................................... 2 Section 4.2 General Approval Criteria .............................................................................. 2 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. .................... 3 Section 5.1 PD Concept Plan Limits ................................................................................. 3 Section 5.2 PD Development Plans ................................................................................... 3 Section 5.3 PD Site Plans ................................................................................................... 3 SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ................................................... 3 SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3 SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3 ARTICLE II. USES ........................................................................................................................... 4 SECTION 1 LAND USE SCHEDULE ........................................................................................... 4 SECTION 2 ACCESSORY USES AND STRUCTURES ............................................................. 5 ARTICLE III. DEVELOPMENT STANDARDS ........................................................................ 6 SECTION 1 DENSITY ..................................................................................................................... 6 SECTION 2 MINIMUM LOT SIZE ................................................................................................ 6 SECTION 3 MINIMUM LOT WIDTH........................................................................................... 6 SECTION 4 MAXIMUM BUILDING HEIGHT ........................................................................... 6 Section 4.1 Maximum building height……………………………………………...…….6 ii Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow Section 4.2 Exceptions to Height Limitations ................................................................... 6 SECTION 5 MINIMUM BUILDING SIZE ................................................................................... 6 SECTION 6 LOT COVERAGE ..................................................................................................... 6 SECTION 7 FRONT YARD SETBACKS ..................................................................................... 6 SECTION 8 REAR YARD SETBACKS ....................................................................................... 7 SECTION 9 SIDE YARD SETBACKS ......................................................................................... 7 SECTION 10 SLOPE REQUIREMENTS ........................................................................................ 7 SECTION 11 SIGNAGE REQURIEMENTS ................................................................................. 6 Section 11.1 Signs ................................................................................................................. 6 Section 11.2 Exceptions to sign regulations ........................................................................ 6 SECTION 12 LANDSCAPE REQUIREMENTS ............................................................................ 6 Section 12.1 Landscape requirements for residential home sites ...................................... 6 Section 12.2 Landscape requirements for Common areas ................................................. 6 SECTION 13 LIGHTING STANDARDS ........................................................................................ 8 Section 13.1 Street lighting .................................................................................................. 8 Section 13.2 Outdoor lighting regulations ........................................................................... 8 SECTION 14 BUILDING DESIGN ELEMENTS .......................................................................... 9 Section 14.1 Architectural Control Committee .................................................................. 9 Section 14.2 Roofs ................................................................................................................ 9 Section 14.3 Exterior Walls ................................................................................................. 9 Section 14.4 Parking ........................................................................................................... 10 Section 14.5 Exterior doors and windows ........................................................................ 10 Section 14.6 Mechanical Equipment screening ............................................................... 10 Section 14.7 Accessory buildings ..................................................................................... 10 Section 14.8 Driveways and sidewalks ............................................................................. 10 Section 14.9 Fencing and gates .......................................................................................... 10 SECTION 15 UTILITIES S Section 15.1 Utilities offsite……………………………………………………………..10 Section 15.2 Franchise utilities ………………………………………………………….11 Section 15.3 Drainage ………………………………………………………………...…11 ARTICLE IV. EXHIBITS ............................................................................................................. 11 iii Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plans 1 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning area 3 Single-Family Residential Planned Development Zoning District Ordinance.” or simply as the "PD 1-3 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for single-family residential development of the property bounded by Dove Road to the south, FM 1938 to the west, and Solana Boulevard to the north. To provide an appropriate transition between the intensity of the commercial development anticipated to the north and the existing and anticipated residential development to the south. for Land Uses similar to and compatible with the neighboring residentially zoned properties. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council and that are applicable to development within the PD District or Planning Area. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. 2 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit, or other masonry materials approved by the Town. PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district or Planning Area established or amended by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Town means the Town of Westlake, Texas. Town Manager means the Town Manager of the Town of Westlake or his/her dsignee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as amended. SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD1-3 Planning Area shall also be governed by the Applicable Town Ordinances for the R-0.5 1 Zoning District. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 4.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being 3 Formatted: Font: 14 pt Formatted: Font: 14 pt Formatted: Font: 14 pt, Bold, Font color: Accent 2, Outline, Text Outline, Text Fill, Shadow approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by this PD Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the general boundaries of the PD3-1 Planning Area. The exact boundaries of the PD1-3 Planning Area are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD1-3 Planning Area is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD1-3 Planning Area other than for the purposes of alignment of improvements with existing off-site improvements. Section 5.2 PD Development Plans A PD Development Plan is not typically required for single-family residential developments. Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family residential developments. SECTION 6 PARK LAND DEDICATION REQUIREMENTS Park Land Dedication requirements shall be in accordance with Town ordinances and shall be met prior to filing of Final Plats. SECTION 7 TREE MITIGATION REQUIREMENTS Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met prior to the filing of Final Plats. SECTION 8 DUCT BANK REQUIREMENTS The Developer shall install a Duct Bank system throughout the subdivision as required by Town ordinances. The home builder shall tie into the Duct Bank prior to the Final Inspections or Certificate of Occupancy approval. 4 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-3 Planning Area shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. PD1 PLANNING AREA 3 (PD1-3) – SINGLE FAMILY RESIDENTIAL LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP RESIDENTIAL USES Single Family Detached X Single Family Zero Lot Line Single Family Attached Duplex Home Occupation (1) X Servants/Caretakers Quarters A Temporary Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private unlit) A Sport/Tennis Courts (Private lighted) S INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) X Water Storage Tank and Pumping System (Elevated or Above Grade) X 5 PERMITTED USES X=Permitted, A=Accessory Use, S=SUP Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Child Daycare (Private; 7 or more) S Government Building X Police Station X Fire Station X AMUSEMENT/RECREATION Park or Playground (Public or Private) X Satellite Dish S Non-Commercial Radio Tower S Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Temporary Sales Office (3) X NOTES: 1. As defined by Chapter one of the Town of Westlake Code of Ordinances. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. 6 ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY The Gross Density allowed shall be one (1) residential lot per acre of land. Gross Density is defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross" shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right-of- way and dedicated public parks and open space A maximum of 84 single-family residential lots may be allowed in this PD district.. SECTION 2 MINIMUM LOT SIZE The minimum lot size shall be 20,90023,500 square feet. The minimum average size of all single-family lots within Granada shall be 26,500 30,000 square feet. SECTION 3 MINIMUM LOT WIDTH The minimum lot width shall be 80 feet measured at the building line. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Maximum Building Height. The maximum height for all structures located on residential lots shall be two and one-half stories or 35 28 feet measured to the mid-span of the highest roof span. Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on the approved concept plan. SECTION 5 MINIMUM BUILDING SIZE The minimum building size shall be 3,000 square feet for single story houses and 4,000 square feet for two story houses. SECTION 6 LOT COVERAGE The footprint of the main level of each residence shall not exceed 4030% of the entire area of the lot. Footprint shall not include porches, patios, or other unenclosed areas. SECTION 7 FRONT YARD SETBACKS The minimum front yard shall be 2540 feet. The Town Manager or his/her designee may approve a reduction of the required setback or may require an increase in the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. 7 SECTION 8 REAR YARD SETBACKS The minimum rear yard shall be 3540 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. SECTION 9 SIDE YARD SETBACKS The minimum side yard shall be 1520 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of five (5) feet to accommodate unique site conditions including the preservation of old growth trees. SECTION 10 SLOPE REQUIREMENTS The height of non-residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. All non-residential structures must be shown on an approved concept plan are exempt from height limitations. SECTION 11 SIGNAGE REQUIREMENTS Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage other than signage shown on the approved Concept Plan Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are exempt from regulation in the UDC. SECTION 12 LANDSCAPE REQUIREMENTS Section 12.1 Landscape requirements for residential home sites. 1. Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass. 2. The landscape requirements of the Roadway Landscape Zones contained within the UDC are applicable to all residential lots within this Planning Area. 3. Lots that have rear yards facing Dove Road or FM 1938 shall have a minimum of two (2) large trees and two small trees per lot in each rear yard. The Town Manager or his/her 8 designee may waive this requirement if adequate landscaping within the Common Open Space between the lot and the roadway is in place. Section 12.2 Landscape requirements for Common Areas 1. Landscaping shown in the common areas on the Concept Plan shall be installed and maintained by the Developer or the Home Owners Association. 2. The Developer shall install and maintain all of the amenities and improvements contained in the FM 1938 Streetscape Plan along the portion of FM 1938 that abuts the PD1-3 Planning Area. 3. Parking spaces within the common areas for Trail Head or other public use shall be screened adjacent property or right-of-way. Landscaping and or berms shall create a solid screening thirty (30) inches high between the parking area and any adjacent street. SECTION 13 LIGHTING STANDARDS All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING. TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR LIGHTING REGULATIONS IN THE CODE OF ORDINANCES. Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the Town. Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the UDC are applicable to this Planning Area with the following additions: 1. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent or equivalent lumens. 2. Building walls shall not be illuminated and light from landscape lighting may not illuminate building walls higher than four (4) above grade. 3. Floodlights are prohibited. Except as allowed in the UDC. 4. All light sources must be fully shielded from view from adjacent property or right-of- ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass. 9 SECTION 14 BUILDING DESIGN ELEMENTS Section 14.1 Architectural Control Committee. An Architectural Control Committee shall be established that has approval authority over house designs prior to submittal for permitting. The committee shall have three voting members with at least one member appointed by the Town Manager and at least one member appointed by the developer. The member appointed by the Town Manager may approve minor variances to any of the Building Design Elements if he/she feels that the intent of the ordinance has been met. Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay tile, slate, architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent roof projections not exceeding 200 sq. ft., or other materials with similar appearance if approved by the Town. No more than two houses on adjacent lots, fronting on the same street, may have the same type and color roof material. No more than two houses on adjacent lots may have the same roof pitch unless one or both roofs have multiple pitches. Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless otherwise approved by the Architectural Control Committee. This minimum pitch shall be used on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12 roof pitch. Roof design shall include offsets and dormers to break up large expanses of roof area. Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or architectural features on all elevations. Acceptable exterior wall materials: Brick - as an accent limited to 30% of the exterior wall. Stone Cast Stone Stucco – ¾ inch thick minimum and limited to 30% Except Tuscan and Mediterranean style homes may have up to 100%.. Note: Siding of any type is prohibited for use on walls or chimneys. Exterior wall coverings materials shall make changes at inside corners only. Every elevation shall have a minimum of two wall materials or textures. Single wall covering materials may be approved if architectural features, wall offsets, and enhanced trim around openings are utilized to limit continuous blank wall areas.. Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the wall area is broken up by architectural elements such as ornate masonry work, changes in construction material, or openings for windows or doors that are trimmed and recessed a minimum of three (3) inches. Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces. 10 Section 14.5 Exterior doors and windows. All doors and windows other than those within court yards shall be recessed a minimum of three inches. Windows shall be wood or vinyl and those visible from off-site shall have wood or vinyl mullions or muntins. Primary Entry Doors shall vary in design from house to house. If the same door is used on houses within the same block, trim, accents or other architectural enhancements shall be used to create a diverse appearance and maintain the appearance of a custom home neighborhood. Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors are prohibited. Garage doors shall be recessed a minimum of six inches. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion, are in a motor court setting, and behind a gate that extends over the driveway. Section 14.6 Mechanical equipment screening All mechanical equipment and pool equipment shall be completely screened from view from adjacent properties or right-of-way. Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five percent screening at building final. Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for accessory structures shall be similar to those used on the primary structure Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent property line. Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall have decorative caps. SECTION 15 UTILITIES AND DRAINAGE Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to serve the site are the responsibility of the developer. Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, shall be placed underground. All above grade equipment approved by the Town to be placed above grade shall be screened from view as approved by the Town. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 11 Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall not exceed post development drainage run-off quantities. This section is applicable to the subdivision as a whole and to any portion of a buildable lot that drains on to or across another buildable lot. Drainage inlets and outfalls shall be designed to appear natural and not engineered. Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping. ARTICLE IV. FIGURES ARTICLE V. EXHIBITS EXHIBIT A-1 Legal Description of PD District EXHIBIT A-2 Boundary Map EXHIBIT 2 PD Concept Plans 12 EXHIBIT A-1 Legal Description of PD District LEGAL DESCRIPTION TRACT 2A 84.28 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 1, Block 3, Westlake/Southlake Park Addition No. 1, an addition of the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 57 minutes 44 seconds West a distance of 200.93 feet to a point for corner from which a 1 inch iron rod found bears North 59 degrees 11 minutes 44 seconds West a distance of 0.35 feet; THENCE North 00 degrees 20 minutes 49 seconds West a distance of 45.01 feet to a 5/8 inch iron rod found with cap stamped “Huitt-Zollars”; THENCE North 89 degrees 39 minutes 10 seconds West a distance of 462.17 feet to a 1/2 inch iron rod found with Graham cap on the northerly right-of-way line of Dove Road as described in Dedication Deed to the Town of Westlake as recorded under Instrument No. D208427746, Deed Records of Tarrant County, Texas; THENCE along the northerly right-of-way line of Dove Road the following: North 00 degrees 19 minutes 57 seconds West a distance of 22.57 feet to a 1/2 inch iron rod found with Graham cap; North 89 degrees 24 minutes 50 seconds West a distance of 790.52 feet to a 1/2 inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 09 degrees 15 minutes 02 seconds, a radius of 1,047.14 feet and being subtended by a chord which bears North 84 degrees 42 minutes 50 seconds West a distance of 168.88 feet; Along said curve to the right an arc distance of 169.06 feet to a 5/8 inch iron rod set with Huitt- Zollars cap at the end of said curve; North 80 degrees 10 minutes 28 seconds West a distance of 36.09 feet to a 1/2 inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 08 degrees 51 minutes 19 seconds, a radius of 154.38 feet and being subtended by a chord which bears North 39 degrees 37 minutes 29 seconds West a distance of 23.84 feet; Along said curve to the right an arc distance of 23.86 feet to a 5/8 inch iron rod set with Huitt- Zollars cap at the end of said curve, said point being on the easterly right-of-way li ne of Precinct Line Road as described in said Dedication Deed to the Town of Westlake and being the beginning of a non-tangent curve to the left having a central angle of 08 degrees 26 minutes 37 seconds, a radius of 1,782.50 feet and being subtended by a chord which bears North 04 degrees 17 minutes 41 seconds East a distance of 262.45 feet; Thence along the easterly right-of-way line of Precinct Line Road, the following: Along said curve to the left an arc distance of 262.68 feet to a ½ inch iron rod found with Graham cap at the end of said curve; 13 North 00 degrees 07 minutes 18 seconds East a distance of 1,301.73 feet to ½ inch iron rod found with Graham cap at the beginning of non-tangent curve to the right having a central angle of 35 degrees 56 minutes 14 seconds, a radius of 1,267.50 feet and being subtended by a chord which bears North 18 degrees 08 minutes 14 seconds East a distance of 782.04 feet; Along said curve to the right an arc distance of 795.01 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 36 degrees 04 minutes 07 seconds East a distance of 138.75 feet to ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 06 degrees 53 minutes 02 seconds, a radius of 49.50 feet and being subtended by a chord which bears North 39 degrees 28 minutes 33 seconds East a distance of 50.37 feet; Along said curve to the right an arc distance of 50.40 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 43 degrees 01 minutes 31 seconds a distance of 59.51 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the left having a central angle of 06 degrees 52 minutes 41 seconds, a radius of 255.50 feet and being subtended by a chord which bears North 39 degrees 28 minutes 33 seconds East a distance of 30.65 feet; Along said curve to the left an arc distance of 30.67 feet to a 5/8 inch iron rod set with Huitt- Zollars cap at the end of curve; North 36 degrees 03 minutes 35 East a distance of 329.53 feet to a ½ inch rod found with Graham cap; North 81 degrees 03 minutes 49 seconds East a distance of 21.21 feet to a ½ inch iron rod found with Graham cap, said point being on the southerly right-of-way line of Kirkwood Boulevard as described in said Dedication Deed to the Town of Westlake; THENCE along the southerly right-of-way line of Kirkwood Boulevard, the following; South 54 degrees 05 minutes 31 seconds East a distance of 123.12 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 46 degrees 48 minutes 17 seconds, a radius of 735.60 feet and being subtended by a chord which bears South 30 degrees 31 minutes 48 seconds East a distance of 584.34 feet; Along said curve to the right an arc distance of 600.91 feet to a ½ inch iron rod found with Graham cap at the end of said curve; South 07 degrees 14 minutes 24 seconds East a distance of 2.72 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the left having a central angle of 44 degrees 45 minutes 39 seconds, a radius of 932.50 feet and being subtended by a chord which bears South 29 degrees 29 minutes 44 seconds East a distance of 710.11 feet; Along said curve to the left an arc distance of 728.49 feet to a ½ inch iron rod found with Graham cap at the end of said curve; South 51 degrees 46 minutes 54 seconds East a distance of 230.66 feet to a ½ inch iron rod found at the beginning of a non-tangent curve to the right having a central angle of 19 degrees 15 minutes 50 seconds, a radius of 400.00 feet and being subtended by a chord which bears South 42 degrees 14 minutes 31 seconds East a distance of 133.86 feet; Along said curve to the right an arc distance of 134.49 feet to a ½ inch iron rod found with Huitt- Zollars cap at the end of said curve; THENCE departing the southerly right-of-way line of Kirkwood Boulevard, South 00 degrees 00 minutes 00 seconds East a distance of 1475.04 feet to the POINT OF BEGINNING and containing 84.28 acres of land, more or less. 14 15 EXHIBIT A-2 Boundary Map 16 Exhibit 2 Concept Plan Formatted: Font: Bold, Underline 17 18 Michael Bennett AIA, Dipl.-Ing. Principal and Chief Executive Officer 500 West 7th Street, Suite 1400 | Fort Worth, Texas 76102 817.335.4991 | www.bbptx.com 12 February 2013 Mr. Tom Brymer Manager Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 Re: PD1-3 Planned Development Ordinance No. 693 Dear Tom, At your request, we have reviewed the above referenced draft ordinance and have made observations as noted below that might, in our opinion and experience, assist in establishing and maintaining a quality single family residential project appropriate for the Town of Westlake. At this point, we have reviewed only the draft ordinance and not the CCR’s or Design Guidelines, but will be doing so in the coming days. I believe the ordinance as submitted represents a very good start to establishing the quality that the town and its residents seek, however I suggest improvements in specific areas as indicated below might further solidify the quality of the development. Article I Section 1: No comment. Section 2: No comment. Section3: While I agree that split face masonry should be classified as a masonry material, I don’t think its use within a high quality residential subdivision is advisable. Section 4: No comments Section 5: Paragraph 5.1 refers to a Concept Plan, an Open Space and Trail Improvements Plan as well as a Perimeter Wall Plan. The only drawing included in the package I received was a concept plan so I can’t comment on the other plans at this time. Section 6: No comments. Section 7: From the concept plan submitted it is not clear whether the plan takes into account issues such as existing topography and existing trees. The plan does reflect where some stands of trees have been preserved 2 into the rear yards of the homes, but does not appear to be based on a tree survey that would denote sizes and types of trees. I believe the careful preservation of specimen trees can be one of many ways to differentiate a quality residential development from typical tract housing. Section 8: No comments. Article II Uses. Section 1: To my knowledge not all of the uses suggested in this list will be permitted in this project, as it is strictly residential in nature. In an event, I’d suggest that perhaps the developer lay out a few examples of homes on actual lots using the setback requirements and other criteria prior to finalizing this ordinance so that all parties can understand the range of realistic uses and perhaps adjust the table accordingly. Section 2: See comments for Section 1 above. In addition, further accessory buildings such as playhouses and pool cabanas should be addressed somewhere in the ordinance. Article III Section 1: No comment. Section 2: My one concern in the area of lot size is that, from the plan included, there appears to be little variation in the lots from the street perspective which will make avoiding monotony a greater challenge in the design of the actual homes. Section 3: As in the comment above, from the plan there doesn’t appear to be much variation in lot widths from the street. One other observation is that I believe the smaller Vaquero villa lots are about 80’ in overall width with smaller side setbacks. The larger, more typical lots in Vaquero and in Glenwyck are also wider than these, which allows for a greater variation in ways to handle garage locations and house layout. Section 4: I would suggest clarifying the building height measurement to being 28’ measured to the mid point of the highest roof, excepting architectural features as mentioned elsewhere. Section 5: Minimum sizes relate to lot sizes. With a variation in lot sizes the developer might consider a range of minimum home sizes relative to the lot size. This type system would also allow for a mix of empty nesters and families. I would consider the 3,000 square feet a small minimum for a development in this location. Section 6: Going up to a 40% lot coverage in Westlake seems high to me, especially since the site plan enclosed seems to indicate most of the open space outside the development rather than within it. I am basing this on the assumption that, up to now, developments Westlake have tended to reflect the natural character of the area by having more open space. Section 7: No comment. Section 8: No comment. Section 9: No comment. Section 10: The text here speaks of non-residential structures, so I’m not sure how it relates to this project. 3 Section 11: No comment. Section 12: I believe the section on landscape requirements is not specific enough and should be augmented in the design guidelines. For example, there should be a list of permitted and prohibited plantings, clarification of plant/tree sizes required at installation, requirements for street trees and streetscapes, irrigation requirements to name a few. Further, the ordinance or CCR’s should address the design of structures that may occur in the landscape, such as retaining walls and fences including front yard screening fences, rear yard fences and fences along the public right of way. Section 13: You might consider more specificity in the lighting design to establish minimum and maximum footcandles for street lighting as well as a maximum fixture height. This will help attain a consistently acceptable light level throughout. Section 14.1: I agree that an Architectural Control Committee is critical to a project’s success, but I think the committee should have three members with the third being selected by the two appointees as listed in the ordinance. The committee should have a specific set of design guidelines to work from that augments this ordinance and should also be involved in approving a concept plan for each individual lot. In addition, as the developer’s role in the project decreases, his position should be taken over by an HOA that continues on to monitor that the established level of quality in the development is being maintained and that subsequent additions or alterations to homes in the subdivision adhere to the spirit of quality this ordinance establishes. There should also be an appeals process established. Section 14.2: No comment. Section 14.3 I would recommend that when used, stucco be true concrete stucco and not other materials such as EIFS. I also suggest changing the words “wall coverings” to “materials” throughout. Section 14.4: You might want to consider the requirement for three parking spaces throughout and might allow for relief for smaller homes. For example, a 3,000 square foot home might not really need three spaces. Section 14.5: I suggest making an adjustment here to require that the mullions or muntins be true divided lights with the muntin or mullion having a three dimensional projection. This would prohibit false muntins between the panes of an insulated window or door. As far as garage doors, I suggest adding language to prohibit double garage doors. In addition, I suggest that only a single garage door be allowed to face the street, meaning that it would be a minimum of 24’ back from the side of the garage facing the street. Furthermore, I suggest that a wall or solid landscape screening be provided at the street edge of the auto court to make the doors less visible from the street. Special paving treatment in the auto court can also help. Again, design guidelines could address all of these issues in more detail, but if not, these kinds of details need to be addressed in the ordinance. 14.7: No comment. 14.9: I suggest adding language that the masonry material be similar to the main structure. 4 Section 15: As far as drainage, I suggest adding requirements that state that the drainage structures need to appear natural and not engineered. Other comments: As I’ve mentioned above, I think the overall concept plan of this development could benefit from more variation of lots sizes and consequently home types. This will prevent monotony within the home designs themselves as well as within the overall context of the development. Additionally, you might want to consider other ways of establishing minimum levels of quality for the homes. We have observed other jurisdictions that specify details such as appliance selections and interior finishes in order to establish a quality level appropriate for the area. Please contact me if I can help clarify any of my observations or be of further assistance. Best regards, Michael J. Bennett AIA Principal and Chief Executive Officer 7. DISCUSSION AND CONSIDERATION TO REGARDING THE APPOINTMENT OF AN ACTING CHAIRMAN TO SERVE IN THE ABSENCE OF THE CHAIRMAN. Planning and Zoning Item # 7 – Back up material has not been provided for this item. Planning and Zoning Item # 8 – Adjournment Back up material has not been provided for this item.