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HomeMy WebLinkAbout09-15-14 PZ Agenda Packet Page 1 of 1 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 Page 1 of 5 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 P&Z Minutes 05/05/14 Page 3 of 5 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 Page 4 of 5 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 Page 1 of 2 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 Page 2 of 2 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 Page 1 of 4 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.