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03-22-07 PZ MinMINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING MARCH 22, 2007 PRESENT: Chairman Bill Greenwood, Commissioners Tim Brittan, Walter Copeland, Allen Heath, and Sharon Sandell. ABSENT: None OTHERS PRESENT: Town Manager Trent Petty, Town Secretary Kim Sutter, Town Attorney Michael Kallas, Town Engineer David McCarver, DPS Director Don Wilson, Public Works Superintendent Jarrod Greenwood, and Facilities and Recreation Director Troy Meyer. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 7:00 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER 14, 2006. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Sanden made a motion to approve the December 14, 2006, minutes as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2209 VAQUERO ESTATES BOULEVARD IN THE VAQUERO ARTHUR ADDITION -PHASE 3; BLK M, LOT 2. Town Manager Petty introduced the item and advised that the proposed water well meets the towns' setback requirements. Planning and Zoning Commission Regular Meeting March 22, 2007 Page 2 of 6 The applicant, Michael Pacillio of 2209 Vaquero Estates Boulevard, was present to address any questions of the Commission. Chairman Greenwood opened the public hearing at this time. There being no one requesting to speak, Chairman Greenwood asked for a motion to close the public hearing. MOTION: Commissioner Heath made a motion to close the public hearing. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. MOTION: Commissioner Heath made a motion to recommend approval of the application for a specific use permit for a private water well at 2209 Vaquero Estates Boulevard. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING A ZONING CHANGE REQUEST FOR APPROXIMATELY 54.77 ACRES OF LAND, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1114; A1510, Tr 1B03; A1510 Tr 7A01 and A1510, Tr 7AO1A; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1B1; PREVIOUSLY ZONED R-1 AND OFFICE PARK, INTO ONE RESIDENTIAL PD AND RELATED SITE PLAN. Chairman Greenwood advised the Commission of the item. Town Manager Petty explained the proposed zoning change request. Mr. Paul Spain, the applicant, 395 W. Northwest Parkway, Suite 300, Southlake, made a presentation regarding the proposed development to be located on the north side of Dove Road, east of Glen Wyck, and west of Sam School Road, and addressed questions from the Commission. Mr. Spain explained that it is his understanding that the change in zoning of the property currently zoned office would impact the school by an increase in the student population, and is proposing a $300,000.00 commitment to be used toward new construction for the Academy, and a one-half percent of all home resells to be applied to the Academy's operation budget. Discussion ensued with regard to student ratio, development in a flood plain area, and the proposed lot sizes. Town Manager Petty advised that plan `B", as presented by Mr. Spain, contemplates a zoning change from office to R-1 zoning. Chairman Greenwood opened the public hearing at this time. Planning and Zoning Commission Regular Meeting March 22, 2007 Page 3 of 6 Stephen Thornton, 13187 Thornton Drive, expressed his support for the proposed trail system and his opposition for a gated community. Lisa Wax, 1607 Sleepy Hollow Court, asked that consideration be given to reduce the number of lots to allow for larger lot sizes. Ms. Wax expresses her concern that if smaller lot sizes are allowed a precedent would be set to allow other developers to request smaller lot sizes in the future. Town Manager Petty responded that zoning is a discretionary process and by granting zoning in one location it does not set a legal precedent to grant zoning in another location. Paul Marciano, 1829 Broken Bend Drive, asked for a response with regard to the size of the homes that will be built and expressed his concern with regard to the impact they may have on the values of the surrounding properties Doug Mayer, 1847 Broken Bend Drive, expressed his concern with regard to the impact the additional homes will have on the school. Ash Raman, 1618 Fair Oaks, expressed his concern with regard to the impact the additional homes will have on the school and the deviation from the vision of the Town Master's Plan with regard to smaller lot sizes. Bindu Gupta, 13331 Roanoke Road, questioned who will be responsible for the maintenance of the green space and the cost associated with the maintenance. He also expressed concern with regard to the impact the proposed development will have on the school. Town Manager Petty stated that it has been recommended that the green space be maintained by the Homeowner's Association. He further added that the Town does not have a requirement to replace trees that die as a result of drought. Randy Scoggins, 1810 Broken Bend Drive, expressed his concern for the increase in traffic as a result of the proposed development. Chairman Greenwood responded that a traffic plan was submitted and indicated that the road will not be at capacity even with the additional traffic. Jackie Salvatore, 1623 Fair Oaks Court, expressed her concern with the impact the proposed development will have on the school, and does not feel that the $300,000.00 commitment is enough to address the issues that would arise as a result of the proposed development. She further expressed her concern for children safety and does not support access from Sam School Road. Karen Osborne, 1803 Millstream Court, spoke in opposition of allowing smaller lot sizes of less than one acre and also expressed her concern with regard to the impact the proposed development will have on the school. Planning and Zoning Commission Regular Meeting March 22, 2007 Page 4 of 6 There being no others requesting to speak, Chairman Greenwood ask for a motion to close the public hearing. MOTION: Commissioner Heath made a motion to close the public hearing. Commission Sanden seconded the motion. The motion carried by a vote of 5-0. Mr. Paul Spain responded to the questions that were raised during the public hearing. He stated that the school is a very important issue and would like to do all that he can to make this a positive situation. He added that the lots sizes would be comparable to lot sizes in Glen Wyck and the housing stock, although similar to those in Glen Wyck, will be significantly more expenses as a result of appreciation. He further advised that a proposed minimum house size of 5,000 to 6, 000 square feet could be mandated in the deed restrictions. Commissioner Brittan asked what the cost to maintain the open space is estimated to be. Mr. Paul Spain responded that he felt it could be covered within the normal cost of a Homeowners Association, but advised that minimum maintenance would be required as the area is very natural and the intent is to have it remain natural. MOTION: Commissioner Greenwood made a motion to deny the zoning change request for approximately 54.77 acres of land, as described, previously zoned R-1 and Office Park, into one residential PD and related site plan. Commissioner Brittan seconded the motion. Chairman Greenwood explained the recommendation to deny the zoning case and stated that the community has a master plan in place and that plan places emphasis' on lot sizes for the purpose of holding down the number of roof tops in the community. He added that the R-1 standard for lot size is 43,650 square foot and should be maintained. VOTE ON MOTION: The motion carried by a vote of 5-0 5. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1114; A1510, Tr 1B03; A1510 Tr 7A01 and A1510, Tr 7AOIA; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1111. Chairman Greenwood introduced the item and advised that this item is a companion item to item 4 and since the Commission denied the zoning change request, the preliminary plat would also need to be denied by the Commission. MOTION: Commissioner Heath made a motion to deny the application for a preliminary plat as described. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. Planning and Zoning Commission Page 5 of 6 Regular Meeting March 22, 2007 6. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN AMENDMENT TO THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH A RESIDENTIAL AIRPARK "RA" ZONING CATEGORY. Chairman Greenwood introduced the item and asked Town Manager Petty to provide further information regarding the item. Town Manager Petty advised that at the direction of the Board of Aldermen, staff has met with the residents of Stagecoach Hills to develop a separate zoning category for a residential airpark that would apply only to the Stagecoach Hills area. He further advised that the current R-1 zoning does not have a provision for some of the uses and buildings unique to a residential area with a runway. Mr. Petty provided the following summary of changes that would be addressed in the ordinance. 1) Uses and equipment typically associated with the operation of a private runway will be allowed. This will include fuel storage and equipment necessary to maintain airplanes and the runway. 2) Airplanes will be allowed to use the public streets and all traffic must yield the right of way to taxiing runway; 3) Uses encroaching on easements associated with taxiways will be prohibited; 4) Inside and outside storage of airplanes is conditionally permitted; 5) Accessory use buildings may not exceed the square footage of the principal residential use and may under no circumstances exceed 3,000 square feet and/or 18 feet in height. Each lot may not have more than one accessory building over 200 square feet; 6) Accessory use buildings may be constructed with non -masonry materials, or may be all metal with a baked -on pre -painting surface consistent with the color scheme of the principal uses of the RA district as determined by the building official; 7) Accessory use building setbacks are established for taxiways; 8) Avigation easements are required for rezoning. Chairman Greenwood opened the public hearing at this time. The following individuals spoke in support of establishing a Residential Airpark zoning category, but wished to have issues addressed regarding the R-1 zoning standards with respect to setbacks and minimum lot sizes: (Secretary's Note: At the April 12, 2007, Planning and Zoning Commission meeting, Commission Heath requested the reference to "R-1 " in the above paragraph be amended to reflect that the issues raised were directed towards the proposed "R -A" zoning category. Town Manager Petty stated that the minutes, as written, reflected the discussion of the item as the issues regarding the setback and minimum lot size requirements are "R-1 " zoning related standards and are not addressed in the proposed "R -A" zoning category. Town Manager Petty recommended the minutes be approved as written and a notation added to reflect Commissioner's Heath objection.) Debra Heath, 5944 Stagecoach Circle Jack Walton, 13225 Thornton Drive Planning and Zoning Commission Regular Meeting March 22, 2007 George Ledak, 1220 Mount Gilead Road Linda Bjorn, 6010 Stagecoach Circle Stephen Thornton, 5920 Janet Court Becky Sublette, 5970 Stagecoach Circle Bindu Gupta, 13331 Roanoke Road Wanda Haskins, 5920 Steve Court Cheryl Cox, 5925 Steve Court The following individuals spoke in support of the ordinance: Jerry Johnson, 13308 Thornton Drive Delbert Younglas, 13345 Thornton Drive Steve Knight, 13297 Roanoke Road Page 6 of 6 MOTION: Commissioner Greenwood made a motion to recommend approval of the ordinance and address other issues brought forth by the residents at a later date. Commissioner Copeland seconded the motion. The motion carried by a vote of 3-0, with Commissioners Sanden and Heath filing conflicts of interest affidavits with the Town Secretary's office. 7. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn. MOTION: Commissioner Brittan made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood declared the motion carried unanimously and the meeting adjourned at 9:46 p.m. Approved by the Planning and Zoning Commission on the 12th day of April 2007. Jy r'�f , y W lliam E. Greenwood, Chairman