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HomeMy WebLinkAbout05.06.2025 PandZ Final Agenda Packet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own of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:25-110 Agenda Date:5/6/2025 Agenda #:C.1. PLANNING & ZONING COMMISSION STAFF REPORT Introduction of Chris Pham, Town Planner STAFF:Deputy Town Manager Jason Alexander, AICP, CeCD BACKGROUND: A graduate of the University of Texas Dallas, Chris Pham, the new Town Planner comes to the Town of Westlake from the City of Colleyville, Texas with considerable experience in urban planning and economic development. Pham holds Bachelors and Masters Degrees in Public Affairs. Town of Westlake Printed on 5/2/2025Page 1 of 1 owered b Le istar™3 Town of Westlake Staff Report 1500 Solana Blvd Building 7, Suite 7100 Westlake, TX 76262 File #:25-112 Agenda Date:5/6/2025 Agenda #:D.1. TOWN STAFF REPORT RECOMMENDATION Consider and act to approve the Planning and Zoning Commission April 8, 2025 Regular Meeting Minutes STAFF:Kiana Pennywell, Development Coordinator BACKGROUND: The Planning and Zoning Commission will review all meeting minutes for official meetings and consider them for approval. Meeting minutes become a part of the permanent records for the Town of Westlake and are available to the public for review. DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION: Approve the minutes. ATTACHMENT(S): April 8, 2025, Planning and Zoning Commission Meeting Minutes PLANNING AND ZONING COMMISSION ACTION/OPTIONS: 1) Motion to approve 2) Motion to approve with the following changes/stipulations (please state changes/stipulations in motion) Town of Westlake Printed on 5/2/2025Page 1 of 1 owered b Le istar™4                      !"#$ %"&&           ! "  # $ #$ !  $  %  "       $ $&  "       #!    ' ""    $! 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TOWN STAFF REPORT RECOMMENDATIONS Discuss, consider and act to recommend approval to the Town Council of Ordinance 1022, an ordinance amending certain provisions within PD, Planned Development Zoning District 1-2 (PD 1-2) regulating the development of approximately 85.9 acres of land generally located between State Highway 114, Davis Boulevard, and Solana Boulevard, and commonly known as “Entrada” to include adding a definition and certain standards for stacked flats; removing the residential to non-residential development ratios; updating the schedule of permitted of uses; and updating the standards for building height. STAFF:Jason Alexander, AICP, CEcD, Deputy Town Manager BACKGROUND: On April 22, 2013, the Town Council approved Ordinance No. 703, establishing PD, Planned Development District 1-2 (“PD 1-2”). The purpose of PD 1-2 is to create an environment in which residential uses, commercial uses, and civic uses may co-exist in proximity while providing architecture and landscape architecture of an elevated character and quality. The proposed text amendments to PD 1-2 build upon the Strategic Plan --- adopted by the Town Council on February 18, 2025 --- and will have significantly positive implications on the economic development and the physical development of the Town of Westlake. DISCUSSION: The proposed text amendments to 1-2 --- as shown in Ordinance 1022 as proposed (i.e., EXHIBIT “A”) --- are generally summarized below (e.g., Sections 2-8): Section 2. This section introduces a new definition for “Stacked Flat” --- which is a residential unit that is expressly intended to be introduced within the context of a mixed-use building --- and will expand the Town of Westlake Printed on 5/2/2025Page 1 of 3 owered b Le istar™8 File #:25-111 Agenda Date:5/6/2025 Agenda #:F.1. residential options within Entrada. Additionally, Stacked Flats are prohibited on the first story and are limited to certain blocks within Entrada as provided on the Development Plan (please refer to EXHIBIT “A-1”). Section 3. This Section provides that the ratio for residential to non-residential development is proposed to be removed in its entirety. Removing this provision will expedite the development and eventual build -out of Entrada as it will better allow the developer and the market to better respond to demand for residential uses and commercial uses. Section 4. This Section introduces “Stacked Flats” as a residential use that is permitted by-right; and “Private Club” is removed as a commercial use permitted by Specific Use Permit (i.e., “SUP”). Section 5. This Section provides additional standards for the design and the construction of Stacked Flats --- including prohibiting Stacked Flats on the first floor, making the first floor available for commercial use; providing a minimum habitable area; providing a list of recommended ground floor commercial uses; and providing additional design standards. These standards grow from similar regulations adopted within other communities across the region and the United States and are intended to reinforce a mixed-use environment that is vibrant, that is visually harmonious, and that is walkable. Further, it should be noted that the Town Planner does not have “authority to administratively approve any deviations or exceptions to the minimum habitable area required for a Stacked Flat or the required non-residential uses on the first floor”. Section 6. In this Section, the measurement of building height has been amended --- and, as proposed --- the proposed measurement of building height for principal structures and accessory structures is measured from finished grade. Moreover, the first story of all principal structures must have a minimum of 16 feet in height from the finished floor to the finished ceiling. Furthermore, the minimum height for upper stories is 10 feet; and that is also measured from the finished floor to the finished ceiling. To ensure that a non-conforming situation is not created with respect to building height within the context of the Town of Westlake adopted codes, ordinances, and regulations and State Law, the proposed text amendments for measuring building height shall only apply to buildings that are constructed after May 20, 2025. The current regulations for building height requirement shall continue to apply to all buildings constructed on or before May 20, 2025. Section 7. In this Section, the parking requirements have been relaxed on Block K, Block L, and Block Q for restaurant and retail establishments only that are less than 1,500 square feet. Section 8. In this Section, the Entrada Development Plan is amended to reflect the locations where Town of Westlake Printed on 5/2/2025Page 2 of 3 owered b Le istar™9 File #:25-111 Agenda Date:5/6/2025 Agenda #:F.1. Stacked Flats may be constructed (e.g., Block K, Block L, Block N, and Block Q). However, the total number of residential units that may be constructed within Entrada shall not exceed 322 (please refer to EXHIBIT “A-1”). For certain properties depicted on EXHIBIT “A-2” --- the Building Height Waiver Sub-Area --- there is no maximum building height requirement imposed as presented. The proposed amendments to the text of PD 1-2 generally support land uses and development patterns that are consistent with the existing the proposed urban fabric. Further, these proposed amendments will support and reinforce the vision and the goals of the recently adopted Strategic Plan. It should be noted that the proposed text amendments were prepared in collaboration with the Office of the Town Manager and the Department of Planning and Development. DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION: The Department of Planning and Development recommends approval of the text amendments to PD 1-2 as presented. PLANNING AND ZONING COMMISSION ACTION / OPTIONS: 1) Motion to approve; 2) Motion to approve with additional conditions (please state additional conditions in motion); 3) Motion to deny; OR 4) Motion to table (must table to a specific date). ATTACHMENT(S): 1)EXHIBIT “A” - Ordinance No. 1022 2) EXHIBIT “A-1” - Entrada Development Plan 3) EXHIBIT “A-2” - Building Height Waiver Sub-Area Town of Westlake Printed on 5/2/2025Page 3 of 3 owered b Le istar™10 PAGE 1 OF 12 ORDINANCE NO. 1022 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 703, AS AMENDED, WHICH APPROVED THE PLANNED DEVELOPMENT ZONING DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT OF LAND THAT IS GENERALLY LOCATED BETWEEN STATE HIGHWAY 114, DAVIS BOULEVARD, AND SOLANA BOULEVARD, COMMONLY KNOWN AS “ENTRADA”, PROVIDING A DEFINITION FOR “STACKED FLATS” AND CERTAIN STANDARDS RELATED TO THE DESIGN AND CONSTRUCTION OF THE SAME; AMENDING THE LAND USE SCHEDULE FOR ENTRADA; AMENDING THE MEASUREMENTS FOR BUILDING HEIGHT; AMENDING ORDINANCE 1001, WHICH APPROVED AMENDMENTS TO A DEVELOPMENT PLAN FOR CERTAIN PORTIONS OF ENTRADA AND THAT WILL LIMIT STACKED FLATS TO CERTAIN BLOCKS; AMENDING PROVISIONS FOR REQUIRED PARKING FOR CERTAIN USES; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas (the “Town”) is a general law municipality; and WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for the public health, safety, and welfare for development to occur in a controlled and orderly manner in accordance with the Town’s Comprehensive Plan; and 11 PAGE 2 OF 12 WHEREAS, the Town Council adopted Ordinance 703 on April 22, 2013 establishing PD 1-2 to provide specific rules and regulations for developing an approximately 85-acre tract of land that is generally located between State Highway 114, Davis Boulevard, and Solana Boulevard; and WHEREAS, the Town Council adopted Ordinance 720 on October 28, 2013 establishing a development plan for developing said approximately 85-acre tract of land; and WHEREAS, the Planning and Zoning Commission and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to amendments to PD 1-2 have given the requisite notices by publication and otherwise and, after holding due a meeting in accordance with the Texas Open Meetings Act, is of the general opinion that PD 1-2 should be amended; and WHEREAS, the Planning and Zoning Commission met on May 6, 2025 and reviewed and considered the proposed text amendments to PD 1-2 and provided a recommendation to the Town Council; and WHEREAS, both the Planning and Zoning Commission and the Town Council recognize the need to add clarity to provisions of PD 1-2 established pursuant to Ordinance 703, as amended subsequently by Ordinances 852, 908, and 935 to help define intent of interpretation and to revise the development plan for Entrada established pursuant to Ordinance 720, as amended subsequently by Ordinances 830, 918, 934, 959, 994, 997, and 1001 for implementation of specific development vision and goals. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: 12 PAGE 3 OF 12 SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Section 3.2 of Article I as provided in Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Words and Terms Defined”, shall be hereby amended to include a new definition for “Stacked Flat” as provided below: Stacked Flat: a residential unit that is expressly prohibited on the first floor of mixed-use buildings and limited to the upper floor(s) on designated lots permitted to mix residential and non-residential uses by-right. Stacked flats may be for rent or for sale. SECTION 3: That Section 3 of Article II as provided in Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Residential to Non-residential Development Ratios”, is hereby repealed in its entirety and that remaining sections following shall hereby be reordered in numerical sequence: SECTION 3 RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential Use Summary Table”. Section 3.1: Pace of Residential Use Development within PD 1-2: 13 PAGE 4 OF 12 3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. “First year of active development” is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3.1.1) is substantially completed, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each additional Residential Unit permitted. 3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to- date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six-months of being included in the 1500:1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. SECTION 4: That the “Land Use Schedule”, found in Section 1 of Article II of Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Uses”, shall 14 PAGE 5 OF 12 be hereby amended to replace the use “Condominium (residential)” which requires a Specific Use Permit as shown in the Mixed-use Development Land Use Schedule with “Stacked Flats” which shall be permitted by-right within PD 1-2, as follows: PD 1 PD 1-2 RESIDENTIAL USES Condominium (residential) Stacked Flats S COMMERCIAL USES Private Club NSA S SECTION 5: That Section 4.2, entitled “Residential condominiums”, found in Section 1 of Article II of Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Uses”, shall be hereby amended as follows: “Section 4.2 Residential condominiums: Residential condominiums are only allowed by SUP as shown in Exhibit 6. Section 4.2 Stacked flats: Stacked flats are allowed by-right and only in the areas as shown in Exhibit 6, subject to the following additional standards: 1. Stacked Flats are prohibited on the first floor; and shall be expressly limited to the upper floor(s) of the mixed-use buildings in which they are located. 2. Stacked Flats constructed on or after May 20, 2025 shall provide a minimum habitable area of 1,800 square feet. 15 PAGE 6 OF 12 3. The first floor for all principal buildings in which Stacked Flats are located shall be expressly limited to the non-residential uses that are either permitted by-right or permitted by approval of a SUP. Recommended or advised commercial uses on the first floor include: a. a bakery; b. a bistro; c. a café; d. a coffee shop; e. a corner market or a corner store; f. a dry cleaner; g. a pharmacy; h. a restaurant; and / or i. a destination or a neighborhood-oriented retail establishment. 4. All openings for doors and windows along building facades facing a street or open space be vertical in orientation and rectangular in proportion, except for shopfront display windows and transom windows. 5. The principal roofs for all buildings with stacked flats may be sloped or flat; where flat, the roof shall be surrounded on all sides by a horizontal parapet wall that is no less than 42 inches high where the roof deck meets the parapet wall. a. All building mechanical equipment located on a flat roof shall also be visually screened from all sides by either an opaque 16 PAGE 7 OF 12 screen enclosure or by parapet walls, either of which shall be at least 12 inches greater in height than the equipment. 6. The first floor for all principal buildings in which Stacked Flats are located shall be designed as a shopfront in which all the following architectural features and elements shall be provided along any building façade fronting a street: a. Shopfronts shall be constructed of custom metal work, stone, stucco, and steel frame. Shopfronts constructed of extruded aluminum frames or aluminum panels shall be expressly prohibited. b. The shopfront shall be no less than 70 percent glazed in glass for the total building wall area between two feet and 12 feet above the adjacent sidewalk. c. The shopfront glazing shall have both display windows and transom windows. d. All transom windows shall have dividing muntins; and shall be free of signage. e. Shopfronts shall require a minimum 18-inch-high knee wall. Knee walls shall be a maximum of 36 inches high above the adjacent sidewalk. All knee walls shall be designed as an integral component of the overall shopfront. f. Shopfront doors shall be recessed from the building façade to allow the door (or the doors) to swing out without obstructing pedestrian flow on the adjacent sidewalk. Where appropriate, 17 PAGE 8 OF 12 sliding doors and / or sliding windows that allow the activity of the business to open adjacent to and onto the adjacent sidewalk may be installed for cafés, restaurants, and other food service establishments, subject to review and approval by the Town Planner. g. Wall signs, if permitted, and subject to review and approval by the Town Planner, shall only be installed above transom windows. In lieu of installing a wall sign, one blade sign for each first floor business, no more than six square feet each, may be permanently installed perpendicular to the building façade. All blade signs shall clear a minimum of eight feet above the adjacent sidewalk. Businesses on corner lots may install one blade sign per street frontage. 7. Except as otherwise provided in this Section 4.2, the design of all Stacked Flats shall comply with the provisions as set forth in the Westlake Entrada Design Guidelines. 8. The Town Planner shall not have authority to administratively approve any deviations or exceptions to the minimum habitable area required for a Stacked Flat or the required non-residential uses on the first floor. SECTION 6: That Section 4.1 found in Section 4 of Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Maximum Building Height”, shall be hereby amended as follows: 18 PAGE 9 OF 12 “Section 4.1 For all principal structures and accessory structures constructed on or before May 20, 2025, the The maximum height for all structures located within PD 1-2 is 735’ Mean Sea level (MSL). For all principal structures constructed after May 20, 2025, the maximum height for all such principal structures within this PD 1-2 shall be four (4) stories; except that there shall be no height limitation for any principal structure located within the portions of this PD 1-2 identified as the Building Height Waiver Sub-Area as depicted on the Development Plan. For all accessory structures constructed after May 20, 2025, no such accessory structure shall be taller than two (2) stories in height. The height (i.e., stories) for all principal structures and accessory structures shall be measured from finished grade. In addition, the minimum height for the first story shall be 16 feet as measured from the finished floor to the finished ceiling for all principal structures and the minimum height for all upper stories shall be 10 feet as measured from the finished floor to the finished ceiling.” SECTION 7: That Section 15.8 found in Section 15 of Ordinance No. 703, and amended by Ordinance No. 852 and Ordinance No. 935, that is entitled “Parking Standards”, shall be hereby amended as follows: “Section 15.8 Parking spaces shall be provided in accordance with Town ordinances unless (a) a parking analysis is provided with a Site Plan application and is approved by the Town or (b) restaurant and retail tenant spaces located 19 PAGE 10 OF 12 on Block K, Block L, and Block Q that are less than 1,500 square feet shall be exempt from minimum off-street parking requirements as found in the UDC.” SECTION 8: That the Entrada Development Plan attached hereto as EXHIBIT “A—1” is hereby amended such that Block K, Block L, Block N, and Block Q are permitted to have Stacked Flats as a matter of right provided, however, that the total number of residential units that may be constructed within Entrada shall not exceed 322. There shall also be an exhibit attached hereto as EXHIBIT “A—2” that depicts the Building Height Waiver Sub-Area. SECTION 9: That this Ordinance shall be cumulative of all other Ordinances adopted by the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake which are inconsistent with the provisions or terms of this Ordinance are hereby repealed. SECTION 10: 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 Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 11: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. 20 PAGE 11 OF 12 SECTION 12: It is hereby declared to be the intention of the Town Council of the Town of Westlake, 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or 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 legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 13: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 20th DAY OF MAY 2025. _____________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary 21 PAGE 12 OF 12 APPROVED AS TO FORM: _______________________________ L. Stanton Lowry, Town Attorney 22 23 24