HomeMy WebLinkAbout09-15-14 PZ Agenda Packet
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TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION
MEETING AGENDA
September 15, 2014
WESTLAKE TOWN HALL
3 VILLAGE CIRCLE, 2ND FLOOR
COUNCIL CHAMBERS
Regular Session 6:00 p.m.
Regular Session
1. CALL TO ORDER
2. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON MAY 5, 2014.
3. PUBLIC HEARING AND RECOMMENDATION REGARDING AN AMENDMENT TO
ORDINANCE 693, DEVELOPED AS A RESIDENTIAL SUBDIVISION COMMONLY
KNOWN AS GRANADA, LOCATED AT THE SOUTHEAST CORNER OF DAVIS
BLVD. AND SOLANA BLVD. TO CHANGE THE DEVELOPMENT STANDARDS BY
REDUCING THE SIDE YARD SETBACKS FROM TWENTY FEET (20) TO FIFTEEN
(15) FEET TO ACCOMMODATE HOMES WITH LARGER FIRST FLOOR
FOOTPRINTS.
4. 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 September 10, 2014, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the
Texas Government Code.
_____________________________________
Kelly Edwards, TRMC, Town Secretary
If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town
Secretary 48 hours in advance at 817-490 -5710 and reasonable accommodations will be made to assist you.
Planning
and Zoning
Item # 1– Call to Order
Back up material has not
been provided for this
item.
P&Z Minutes
05/05/14
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MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
May 5, 2014
PRESENT: Commissioners Tim Brittan, Walter Copeland, Ryan Groce, and Sharon Sanden.
ABSENT: Chairman Bill Greenwood and Commissioner Allen Heath
OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda
DeGan, Planning and Development Director Eddie Edwards, Town
Secretary Kelly Edwards, Public Works Director Jarrod Greenwood,
and Facilities and Recreation Director Troy Meyer.
Regular Session
1. CALL TO ORDER
Acting Chairman Brittan called the meeting to order at 6:01 p.m.
2. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON OCTOBER 14,
2013.
MOTION: Commissioner Sanden made a motion to approve the minutes.
Commissioner Copeland seconded the motion. The motion carried
by a vote of 4-0.
P&Z Minutes
05/05/14
Page 2 of 5
3. PUBLIC HEARING AND RECOMMENDATION REGARDING A AMENDING THE
CODE OF ORDINANCES, CHAPTER 102, ARTICLE III, SECTION 102-61, LAND
USE SCHEDULE. AMENDING THE LAND USE SCHEDULE UNDER THE
PERMITTED USE “TEMPORARY BATCHING PLANTS” ALLOWING THIS USE IN
ALL ZONING DISTRICTS SUBJECT TO RECEIVING AN APPROVAL OF A
SPECIFIC USE PERMIT.
Director Edwards provided a presentation and overview of items 3-6 of the agenda.
Commissioner Brittan opened the public hearing.
Mr. Joe Schenider, Hillwood Properties, asked which concrete plants would be allowed
use.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Copeland made a motion recommending approval
of an amendment to Chapter 102, Article III, Section 102-61.
Commissioner Sanden seconded the motion. The motion carried
by a vote of 4-0.
4. PUBLIC HEARING AND RECOMMENDATION REGARDING AN AMENDMENT TO
ORDINANCE 588, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT
DISTRICT 1, BY ADDING TO THE PERMITTED USE TABLE “TEMPORARY
CONCRETE BATCH PLANTS” SUBJECT TO RECEIVING AN APPROVAL OF A
SPECIFIC USE PERMIT.
Commissioner Brittan opened the public hearing.
No one addressed the Commission.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Sanden made a motion recommending approval of
an amendment to Ordinance 558 regarding Temporary Concrete
Batch Plants. Commissioner Copeland seconded the motion. The
motion carried by a vote of 4-0.
5. PUBLIC HEARING AND RECOMMENDATION REGARDING AN AMENDMENT TO
ORDINANCE 703, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 2 (PD1-2), ENTRADA, BY ADDING TO THE
PERMITTED USE TABLE “TEMPORARY CONCRETE BATCH PLANTS” SUBJECT
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05/05/14
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TO RECEIVING AN APPROVAL OF A SPECIFIC USE PERMIT. THE SUBJECT
PROPERTY IS AN 85 ACRE (APPROX.) TRACT OF LAND LOCATED AT THE
SOUTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD,
EXTENDING SOUTH TO DOVE ROAD.
Commissioner Brittan opened the public hearing.
No one addressed the Commission.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Sanden made a motion recommending approval of
an amendment to Ordinance 703 regarding Temporary Concrete
Batch Plants by approval of a Specific Use Permit. Commissioner
Groce seconded the motion. The motion carried by a vote of 4-0.
6. PUBLIC HEARING AND RECOMMENDATION REGARDING AN AMENDMENT TO
ORDINANCE 693, THE PD ZONING ORDINANCE FOR PLANNED DEVELOPMENT
DISTRICT 1, PLANNING AREA 3 (PD1-3), BY ADDING TO THE PERMITTED USE
TABLE “TEMPORARY CONCRETE BATCH PLANTS” SUBJECT TO RECEIVING AN
APPROVAL OF A SPECIFIC USE PERMIT. THE SUBJECT PROPERTY IS AN 85
ACRE (APPROX.) TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF
FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO
DOVE ROAD.
Commissioner Brittan opened the public hearing.
No one addressed the Commission.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Sanden made a motion recommending approval of
an amendment to Ordinance 693 regarding Temporary Concrete
Batch Plants by approval of a Specific Use Permit. Commissioner
Copeland seconded the motion. The motion carried by a vote of
4-0.
7. PUBLIC HEARING AND RECOMMENDATION REGARDING A SPECIFIC USE
PERMIT TO ALLOW THE PLACEMENT OF A TEMPORARY CONCRETE BATCHING
PLANT AT 2301 SOLANA BLVD. IN THE PLANNED DEVELOPMENT DISTRICT 1,
PLANNING AREA 3 (PD1-3) “GRANADA”. THE SUBJECT PROPERTY IS AN 85
ACRE (APPROX.) TRACT OF LAND LOCATED AT THE SOUTHEAST CORNER OF
P&Z Minutes
05/05/14
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FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD, EXTENDING SOUTH TO
DOVE ROAD.
Director Edwards provided an overview of the item and presentation showing photos of
a concrete portable batching plant, the proposed locations, and conditions as outlined in
the Staff memo.
Discussion ensued regarding the location of the plant, conditions recommended by Staff,
and the proposed location.
Commissioner Brittan opened the public hearing.
No one addressed the Commission.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Copland made a motion recommending approval of
a Specific Use Permit allowing for a Temporary Concrete Batching
Plant at 2301 Solana Boulevard with the following conditions: 1)
No concrete shall be used for projects other than on-site
improvements without specific approval from the town. On-site
shall mean within the Granada Project and adjacent right-of-ways.
2) No dust shall leave the property. 3) Hours of operations shall
be limited to 8:00 AM. - 5:00 PM, Monday – Friday. 4) Noise must
not exceed the decibel limits allowed by town ordinances. 5) The
batch plant must be removed from the site within 90 days from
the installation date. 6) Establishing the preferred route being
State Highway 114 to Davis Boulevard and then to Dove Road. 7)
Moving the proposed location of the plant further to the North
from Dove Road on the property to an acceptable location as
established by the Town Council. Commissioner Groce seconded
the motion. The motion carried by a vote of 4-0.
8. PUBLIC HEARING AND RECOMMENDATION REGARDING A SPECIFIC USE
PERMIT TO ALLOW THE PLACEMENT OF A TEMPORARY CONCRETE BATCHING
PLANT AT 1840 SAM SCHOOL ROAD IN THE PD-1 ZONING DISTRICT. THE
SUBJECT PROPERTY IS A TRACT OF LAND LOCATED SOUTH OF THE GAS WELL
PAD SITE ON SAM SCHOOL ROAD.
Director Edwards provided aerial photo of the proposed location of the temporary batch
plant for a new development in Southlake and the reconstruction of Sam School Road.
Discussion ensued regarding the site clean up after removal of the plant.
P&Z Minutes
05/05/14
Page 5 of 5
Commissioner Brittan opened the public hearing.
No one addressed the Commission.
Commissioner Brittan closed the public hearing.
MOTION: Commissioner Sanden made a motion recommending approval of
a Specific Use Permit allowing for a Temporary Concrete Batching
Plant at 1840 Sam School Road with the following conditions: 1)
No concrete shall be used for projects other than on-site
improvements without specific approval from the town. On-site
shall mean within the Granada Project and adjacent right-of-ways.
2) No dust shall leave the property. 3) Hours of operations shall
be limited to 8:00 AM. - 5:00 PM, Monday – Friday. 4) Noise must
not exceed the decibel limits allowed by town ordinances. 5) The
batch plant must be removed from the site within 90 days from
the installation date. 6) Establishing the preferred route being
State Highway 114 to Davis Boulevard and then to Dove Road. 7)
Reclamation and re-vegetation of the site to Town standards after
removal of the plant. Commissioner Copeland seconded the
motion. The motion carried by a vote of 4-0.
9. ADJOURNMENT
There being no further business to come before the Commissioner Brittan asked for a
motion to adjourn.
MOTION: Commissioner Sanden made a motion to adjourn the
meeting. Commissioner Groce seconded the motion. The
motion carried by a vote of 4-0.
Commissioner Brittan adjourned the meeting at 6:35 p.m.
APPROVED BY THE PLANNING AND ZONING COMMISSION ON SEPTEMBER 15,
2014.
________________________________
ATTEST: Commissioner, Tim Brittan
______________________________
Kelly Edwards, Town Secretary
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estlake Planning and Zoning Commission/
Town Council
TYPE OF ACTION
Regular Meeting - Action Item
Westlake Planning & Zoning Commission Meeting
Monday, September 15, 2014
Westlake Town Council Meeting
Monday, September 22, 2014
TOPIC: PD 1-3 zoning district amendment to Side Yard Setbacks
STAFF CONTACT: Eddie Edwards, Director of Planning and Development
DECISION POINTS
Start Date Completion Date
Timeframe: September 15, 2014 September 22, 2014
Funding: Amount - None. Status- N/A Source- N/A
.
Decision Alignment
VVM Perspective Desired Outcome
Sense of Place Operational
Processes
CF.Promote Community Health,
Safety & Welfare
Strategic Issue Outcome
Strategy Staff Action
N/A N/A N/A
Strategy Map or VVM Connection
Strategic Issue Connection
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EXECUTIVE SUMMARY
The applicant is seeking to have the Side Yard Setback requirements amended from twenty feet
to fifteen feet. The majority of the lots in the Granada subdivision are less than 30,000 square
feet and the builders that are going to be building in Granada have been building in Vaquero for
the past several years and are accustomed to having fifteen foot side yards on lots less than
30,000 square feet. They desire to build similar house designs in Granada but the larger first
floor foot print s won’t fit on the lots with the twenty foot side yards.
ORGANIZATIONAL HISTORY/RECOMMENDATION
The requested fifteen foot side yard requirement would be consistent with what was approved for
Vaquero’s similar sized lots and with the Development Standards in the Code of Ordinances for
straight zoned property. Staff recommends approval.
ATTACHMENTS
Exhibit:
• Proposed ordinance.
Ordinance XXX
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TOWN OF WESTLAKE
ORDINANCE NO. XXX
AN ORDINANCE AMENDING THE PLANNED DEVELOPMENT ZONING DISTRICT,
PLANNING AREA 3, (PD1-3), AS ADOPTED BY ORDINANCE NO. 693; CHANGING
THE DEVELOPMENT STANDARDS BY REDUCING THE SIDE YARD SETBACKS
FROM TWENTY FEET TO FIFTEEN FEET; PROVIDING A SAVINGS CLAUSE;
PROVIDING A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; and
WHEREAS, on February 25, 2013, the Town Council (sometimes referred to as the
Council") of the Town of Westlake, Texas (the " Town"), approved the PD1-3 Zoning District by
passing Ordinance No. 693 (the "PD1-3 Zoning District Ordinance"); and
WHEREAS, the Commission and Council held public hearings upon the application of
Scott Simmons, on behalf of the property owner, to amend the Development Standards of the
PD1-3 Zoning District Ordinance by reducing the Side Yard Setbacks from twenty feet to fifteen
feet, 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 to ( Exhibit " 2") of the PD1-3 Zoning District
approved by Ordinance No. 693 should be approved and adopted;
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 Ordinance No. 693, approving the PD 1-3 Zoning District
Ordinance of the Town of Westlake, Texas, is hereby amended by this Ordinance, by amending
Exhibit 2, Article III Development Standards, Section 9 Side Yard Setbacks, to read as follows:
The minimum side yard shall be 15 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 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
Ordinance XXX
Page 2 of 4
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 693 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 Two Thousand ($ 2, 000.00) 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 ON THIS 22nd DAY OF SEPTEMBER, 2014.
__________________________________
Laura Wheat, Mayor
ATTEST:
_________________________________ ___________________________________
Kelly Edwards, Town Secretary Tom Brymer, Town Manager
APPROVED AS TO FORM:
Ordinance XXX
Page 3 of 4
__________________________________
L. Stanton Lowry, Town Attorney
Ordinance XXX
Page 4 of 4
This page is for reference only and not a part of the ordinance.
_________________________________________________________________
The following is a ttached to Ord. 693 as Exhibit 2:
TOWN OF WESTLAKE
ORDINANCE NO. 693
EXHIBIT 2
PD1 PLANNING AREA 3 ( PD1- 3)
SINGLE FAMILY RESIDENTIAL
ARTICLE III. DEVELOPMENT STANDARDS
SECTION 9 SIDE YARD SETBACKS
The minimum side yard shall be 20 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.
Planning
and Zoning
Item # 4 – Adjournment
Back up material has not
been provided for this
item.