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09-25-08 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING A G E N D A September 25, 2008 6:00 pm TOWN HALL OFFICES – COURT ROOM 3 VILLAGE CIRCLE, SUITE 207 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON MAY 22, 2008, AND THE JOINT WORKSHOP AND SPECIAL MEETING HELD ON MAY 29, 2008. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO PLANNED DEVELOPMENT ZONING DISTRICT PD 3-3 BY AMENDING THE PERMITTED USES AND CREATING A BUFFER ZONE PARALLEL TO AND NORTH OF DOVE ROAD. SPECIFICALLY REMOVING ALL PERMITTED RESIDENTIAL USES AND ADDING TO THE ALLOWABLE SQUARE FOOTAGE OF OFFICE USE FOR THIS DISTRICT. 4. CONDUCT A PUBLIC HEARING AND TAKE ANY APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED AT 1502 WILLS CT. 5. 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WELL TO BE LOCATED ON 2600 J. T. OTTINGER ROAD; WESTLAKE CIVIC CAMPUS ADDITION, LOT 1, BLK I. (APPLICATION HAS BEEN WITHDRAWN) 6. 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 Monday, September 22, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kim Sutter, 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. MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING May 22, 2008 PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, DPS Director Don Wilson, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 6:02 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETINGS HELD ON APRIL 24, 2008, AND MAY 8, 2008. Chairman Greenwood introduced the item and asked for a motion. MOTION: Commissioner Heath made a motion to approve the minutes as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 4-0. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING THE FOLLOWING CASES: A) SITE PLAN; CASE NO. SP-08-01 B) PRELIMINARY PLAT; CASE NO. PP-08-01; Lots 1-6 C) FINAL PLAT; CASE NO. FP-08-01; Lots 1-2 only Town of Westlake Page 2 of 8 Planning and Zoning Commission Meeting May 22, 2008 ALL THREE APPLICATIONS LISTED ABOVE PERTAIN TO THE FOLLOWING TRACTS OF LAND: approximately 10.22 acres of land in the Planned Development 3- Planning Area 10 (PD 3-10) zoning district, being a tract of land situated in the William Huff Survey, Abstract No. 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL Investment, L.P., by deed recorded in Volume 13588, Page 189 and all of that tract of land conveyed to Hillwood Development Co. LLC (Tract 1) by deed recorded in County Clerk’s Filing No. D205179108, both of Deed Records, Tarrant County, Texas; and, generally located at the Southwest corner of SH 377 and SH 170. Town Manager Brymer introduced the case and advised the Commission that the applicant is requesting approval of the site plan, preliminary plat for lots one (1) through six (6), and the final plat for lots one (1) and two (2). Mr. Brymer advised that the proposed uses are neighborhood commercial, retail, and service uses. Town Manager Brymer advised the Board that staff recommends approval of the cases subject to the following stipulations: 1. Utilities: approval with all staff changes as submitted by the applicant as described: Water and sewer utilities for this site are provided by the Town of Westlake. All staff comments related to water and sewer lines have been addressed by the applicant including line sizing, as well as spacing of manholes, fire hydrants, and valves. A second water line crossing has been added to provide adequate service redundancy (i.e. - looping) and the Town’s requirement that no “dead end line” may exceed more than 600’ in length has been met. On-site access easements have been provided for all public improvements and off-site easements necessary for water and/or sewer utilities to serve the site will be dedicated by the applicant by separate instrument. A note must be placed on the utility construction plans showing the approved hydrant type, installation cross section, etc. All on-site electric utility lines, new or existing, should be placed underground. 2. Storm water: approval with all staff changes as submitted by the applicant as described: The applicant’s engineer has verified that the drainage structures under SH 377 have capacity to receive run-off from this site. Further, the applicant’s engineer has confirmed that the site can be properly drained without an on-site storm drain system (i.e. - detention or retention). The time of concentration has been changed to a 10 minute time of concentration per our requirement for a retail site. No off-site drainage easements are necessary to serve this site. There is no mapped FEMA 100-year floodplain on the subject property. 3. Setbacks/Building Lines: approval with the requested 35’ building line for Building 1 on Lot 1 along SH 170 as requested. Town of Westlake Page 3 of 8 Planning and Zoning Commission Meeting May 22, 2008 4. Parking/Fire Lanes: approval with the 25’ inside radius fire lane width and with certain parallel parking at the rear of Building 1 on Lot 2 being designated for loading/unloading only with the site plan change to reflect these items. 5. Solid Waste Collection Facilities: approval with the dumpster locations as designated on the site plan and all dumpsters screened with solid screening using materials that must match building architecture and building materials. 6. Street/Highway Right-of-Way Dedication Requirements: approval with no additional right-of-way dedication required subject to the following conditions: a.) TxDOT will allow their existing lane capacity to be striped for use as an acceleration/deceleration lanes for all site ingress/egress points on SH 377; and b.) Should TxDOT require use of this lane on SH 377 in the future for through-traffic, there is adequate right-of-way remaining on-site to build replacement acceleration/deceleration lanes of serve the development’s points of ingress/egress. The applicant has stated that there is 25’ to 30’ of right-of-way from back of curb to the property line that is sufficient for future replacement acceleration/deceleration lanes, if needed; and c.) No additional right-of-way dedication is required on SH 170 to serve this site.   7. Traffic Access Management/Internal Site Circulation and Connectivity to Adjacent Property Tracts (both owner’s and non-owner’s tracts): approval of 1 point of ingress/egress on to their site off of SH 170 and 3 points of ingress/egress off of SH 377 subject TxDOT approval and to these conditions: a.) The SH 170 ingress/egress point is acceptable if it uses a split-throat right-in/right- out only design as shown on the applicant’s site plan. b.) The 3 access points on SH 377, with the spacing shown on the applicant’s site plan, are acceptable, if all 3 of the SH 377 access points shown on the applicant’s site plan are to be served by a deceleration/acceleration lane that is currently excess TxDOT lane capacity (now used as shoulder) and must be striped per Town requirements to provide for this deceleration/acceleration lane function. c.) The northern SH 377 ingress/egress point (closest to the SH 377 and 170 intersection) should be designated as right-in/right-out only if TxDOT and the Town concur that there are too many left turning movements to make full ingress/egress movements safely at this location. d.) The remaining 2 ingress/egress points on SH 377 be permitted to serve as full ingress/egress points provided adequate deceleration/acceleration lane capacity is provided per 7-b above. If this is not provided, the southern-most ingress/egress point should be restricted in to right-in/right-out turning movements only. Town of Westlake Page 4 of 8 Planning and Zoning Commission Meeting May 22, 2008 8. Site Design: approval subject to staff’s review and approval of the final exterior elevations for all building on Lots 1-6, that the final exterior elevations comport to the applicant’s attached preliminary exterior elevation drawing, as well as the following requirements for Lots 1-6: A. Materials, Building Design, Architecture, and Hard Screening 1. Materials. Approved building materials for this project shall consist of the following minimums: • simulated stone • concrete with textured painting and cast reveals • wood kickers • standing seam metal roofs • concrete column • galvanized steel awnings at certain points on each building • a contrasting awning material at other points on the building • texturized paint • metal/wood kicker These materials will be used in all the buildings on the site without significant deviation, unless a formal site plan amendment is approved. 2. Roof lines. The roof line and tower element in Building 1 on Lot 1 are acceptable as submitted. The roof line on Building 1 on Lot 2 shall be revised and subject to final approval by staff to show further roof line articulation at the north and south ends of this building to avoid a monolithic rectangular building appearance facing SH 377. 3. Architecture. All buildings are required to have four-sided, 360 degree architecture. The Town’s development standards require all sides of these buildings to be articulated. Building 1 on Lot 1 must be articulated on all 4 sides due to its full street view. The drive-in access for this building must be placed on the south side of the building only. All remaining buildings on Lots 2-6 must be articulated on all sides except for the side facing the Union Pacific RR right-of- way (i.e.- articulated on 3 sides), if it has no street view and is being used only for service access as well as loading/unloading. Since four-sided architecture is required, and the walls of buildings facing the railroad will not be articulated, this wall must have adequate treatments to break-up monolithic appearances. These can include banding, inlays, coining, and variation of building materials in attractive patterns as approved by staff. All these items must be reflected on final elevations and approved by staff prior to building permit issuance. Town of Westlake Page 5 of 8 Planning and Zoning Commission Meeting May 22, 2008 4. Hard Screening. All gas meters, electric meter boxes, breaker boxes, and conduit located at service entrances of buildings should be screened with materials that match the building’s architecture and materials or be placed inside the building. All heating/air conditioning equipment, whether placed on the ground, near the building, or on the roof, must be fully screened from view. B. Landscaping and Landscape Screening: approval subject to: 1. adding language to the landscape plan that all plantings in public right-of-way are the applicant’s maintenance responsibility and adequate clearance for service vehicles must be observed, and 2. All electric transformers, irrigation equipment, gas meters, etc located away from the buildings, or at/near the side of buildings, shall be totally screened with landscaping. C. Signage: approval subject to the monument sign requirements set by zoning and the locations shown on the site plan. Further, all of these signs will require detailed review per the Town’s sign ordinance process. Additionally, the monument signage for this site plan approval process shall comply with the details submitted with this site plan as minimum standards regarding sign size, illumination, and materials. All sign materials shall harmonize with site’s architectural theme and materials. Sign faces must have internal illumination or fixtures that direct all light downward toward the sign or a combination thereof. D. Lighting: approval subject to a note being placed on the photometric plan and the site plan stating that the site plan complies with the Town’s lighting standards. Prior to construction, the applicant shall submit the type of parking lot light fixture proposed for staff review and approval for the entire site as well as any on-building light fixtures (sconces) for Buildings 1 and 2, if any are proposed. All fixtures should fit with the site’s architecture and design as well as must meet Town standards to direct all on-site light downward on the applicant’s site only and minimize ambient light migration off-site. E. Water Features/Public Art: recommend approval noting that no water features (i.e. - storm water retention) are required for this site. Locations for public art may be available, are strongly encouraged, but are not required. The applicant has indicated a willingness to work with the Public Arts Committee regarding placement of public art on this gateway location. F. Trails/Open Space: not applicable as there are no trail locations required since the site is not located in the 100-year flood plain and there is no open space dedication required for this site per the Town’s trail plan. Town of Westlake Page 6 of 8 Planning and Zoning Commission Meeting May 22, 2008 9. Other: recommend approval with these additional stipulations: a. The applicant shall, prior to issuance of the certificate of occupancy for the buildings on Lot 1 and 2, have Lots 1-6 de-annexed from the MUD 1 boundary. b. All vicinity maps on all documents shall be changed to read “JT Ottinger Road” as opposed to “Ottinger Road” and all buildings on all lots on all documents shall be numbered in the same sequence as the lot number on which the building is located. c. No accessory buildings shall be permitted on the site. Town Manager Brymer addressed questions from the Commission regarding access management, the building concept plan and the necessity for a site plan amendment request should the applicant desire to deviate from the use of the proposed materials. Chairman Greenwood requested the applicant follow the Dark Sky Association’s standards for lighting. Mr. Joe Schneider, Vice President of Land Development for Hillwood Properties, representing the applicant was present to address questions from the Commission. Chairman Greenwood asked if the applicant has met with the Chair of the Westlake Public Art Society regarding incorporating public art in the development. Mr. Schneider advised the Commission that Mr. Mike Berry has met with Mr. David Rollins at the request of Chair of the Public Art Committee, and Hillwood is supportive of the Town and public art, and although a definitive program is not in place today, the applicant will explore opporunities to incorporate art as part of the sign development process. Discussion ensued with regard to the possible need for additional right-of-way to accommodate deceleration lanes in the future if deemed a necessity. Mr. Scheider responded that, should additional right-of-way be required for a turn lane in the future, the additional right-of-way is available. Mr. Schneider advised the Commission that Hillwood representatives have presented a concept plan to the Texas Department of Transportation (TxDOT), and the road is well under the trip generation numbers that would require a turn lane. Mr. Schneider stated that he understands TxDOT’s standards are a minimum; however, TxDOT’s permissions would be required regarding changes to the roadway. Town Manager Brymer stated that TxDOT is the ultimate authority and suggested that the Town and Hillwood representatives meet with TxDOT jointly regarding the project. Chairman Greenwood and Commissioner Heath expressed their concern for any project related items that should have been paid by the developer that might obligate the Town financially in the future. Town of Westlake Page 7 of 8 Planning and Zoning Commission Meeting May 22, 2008 Town Manager Brymer responded that any future items would be related to decisions relative to area roadways. Chairman Greenwood inquired if language could be added that would require the developer to be responsible for any cost that should have been paid by the developer during the initial development. Town Manager Brymer responded that any agreement would be difficult to enforce and suggested the requirement of escrow dollars for improvements; however, TxDOT concurrence would be necessary. Discussion ensued with regard to the amount and speed of traffic on US 377 and the need for deceleration lanes. Chairman Greenwood opened the public hearing for consideration of the site plan, preliminary plat, and final plat. There being no one requesting to speak, Chairman Greenwood requested a motion to close the public hearings. MOTION: Commissioner Sanden made a motion to close the public hearings. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. Chairman Greenwood stated that the intention of the approval should be conditioned upon the fact that the Town will not have a future obligation for access lanes should additional lanes be required in the future. In response to the Chairman’s request, Director of Planning and Development Edwards suggested the Commission consider adding language that states that any access improvement relative to the development shall not be at the expense of the Town. Mr. Schneider requested that the language be specific relative to acceleration and deceleration lanes along the frontage of the property. MOTION: Commissioner Heath made a motion to recommend approval of the Site Plan, Preliminary Plat, and Final Plat as presented, subject to 1) total compliance with the staff recommendations; 2) any acceleration and deceleration improvement needed from either SH 170 or US 377 shall not be at a cost to the Town, and 3) the Developer shall coordinate with the Public Art Society of Westlake for signage and possible location of public art features. Commissioner Copeland seconded the motion. The motion carried by a vote of 4-0. 4. CONTINUE A PUBLIC HEARING, SCHEDULED FOR 7:00 PM, AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE Town of Westlake Page 8 of 8 Planning and Zoning Commission Meeting May 22, 2008 TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3- PLANNING AREA 12 (PD 3-12); (THIS CASE IS BEING CONTINUED FROM THE MAY 8, 2008, SPECIAL CALLED MEETING) Town Manager Brymer introduced the case and recommended the Commission continue the public hearing to May 29, 2008, at 7:00 p.m. Mr. Brymer further advised the Commission that a joint workshop with the Board of Aldermen will be held at 5:00 p.m. on May 29, 2008. Chairman Greenwood continued the public hearing at 7:18 p.m. There being no one requesting to speak, Chairman Greenwood requested a motion to continue to the public hearing to May 29, 2008, at 7 p.m. MOTION: Commissioner Heath made a motion to continue the public hearing to May 29, 2008, at 7:00 p.m. at the Town Hall offices. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. 5. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Sanden made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 7:20 p.m. Approved by the Planning and Zoning Commission on the 25 day of September 2008. ________________________________ William E. Greenwood, Chairman ATTEST: _____________________________________ Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS BOARD OF ALDERMEN AND PLANNING AND ZONING COMMISSION JOINT WORKSHOP May 29, 2008 PRESENT: Mayor Laura Wheat and Aldermen Tim Brittan, Larry Corson, Carol Langdon, Don Redding, Rebecca Rollins. PLANNING AND ZONING COMMISSION: Chairman Bill Greenwood, Commissioners Walter Copeland, Allen Heath, and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Public Works Superintendent Jarrod Greenwood, DPS Director Don Wilson, Public Works Superintendent Jarrod Greenwood, Planning and Development Director Eddie Edwards, Assistant to the Town Manager Ginger Awtry, and Court Administrator Amanda DeGan. 1. CALL TO ORDER. A. BOARD OF ALDERMEN Mayor Wheat called the Board of Aldermen meeting to order at 5:15 p.m. B. PLANNING & ZONING COMMISSION Chairman Greenwood called the Planning and Zoning Commission meeting to order at 5:15 p.m. 2. DISCUSSION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) Town of Westlake Board of Aldermen and Planning & Zoning Commission Page 2 of 3 Joint Workshop May 29, 2008 AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12). Town Manager Brymer reviewed the zoning case and advised that staff is recommending approval of the case based on the following findings: - Conformance with the Comprehensive Plan - Zoning Districts / Uses Permitted - Access / Streets (no site access proposed from Dove Road) - Site Design / Drainage - Pedestrian Circulation / Trails / Open Space Discussion ensued regarding the site access, residential density, and trail plan. The following individuals representing the applicant were present: - Mr. Joe Schneider, Senior Vice President, Hillwood Properties - Mr. Russell Laughlin, Vice President, Hillwood Properties - Mr. Bradley Selner, Executive Vice President, Staubach - Mr. Tommy Parrett, Executive Vice President, Staubach - Mr. John Eisele, Partner, Deloitte - Mr. Cary Moon, Deloitte - Mr. Paul Martin, Attorney representing Deloitte Russell Laughlin addressed the Board and Commission regarding the case. Mr. John Eisele, Partner with Deloitte, briefly reviewed the plan concept and stated that the development would be a cornerstone for attracting, developing, and retaining Deloitte personnel. Mr. Eisele added that the Circle T location is favored ‘heavily’ and that Deloitte is very cognizant of retaining the features of the site. Mayor Wheat expressed her excitement about the development. Alderman Corson expressed his desire to have the master trail plan updated. 3. DISCUSS POSSIBLE DEVELOPERS AGREEMENT RELATED TO PLANNED DEVELOPMENT 3 – PLANNING AREA 3 (PD3-3) AND PROPOSED PLANNED DEVELOPMENT 3 PLANNING AREA 12 (3-12). Town Manager Brymer advised the Board and the Commission that a proposed development agreement will be brought before the Board for approval at a future meeting. Town Attorney Lowry stated that the zoning case and the developer agreement will be considered separately as the zoning case applies only to the property in question and addresses uses and restrictions to the specific site and any off-site issues will need to be addressed under a separate agreement. Town of Westlake Board of Aldermen and Planning & Zoning Commission Page 3 of 3 Joint Workshop May 29, 2008 Town Manager Brymer outlined the major points of the agreement and advised the Board and the Commission that Hillwood has agreed to participate in the improvements to Dove Road (between the western boundary of Fidelity and the western boundary of the Deloitte property), at a maximum participation rate of 50% of the cost or $1,500,000. Discussion ensued with regard to the Dove Road improvements, the undergrounding of utilities, site access, and the reduction of residential acreage in the remainder of PD 3-3. Town Manager Brymer advised the Board that an item will be included on the June 9, 2008, agenda for the Board to consider the agreement. 4. ADJOURNMENT. A. BOARD OF ALDERMEN There being no further business, Mayor Wheat asked for a motion to adjourn. MOTION: Alderman Brittan made a motion to adjourn the meeting. Mayor Pro Tem Redding seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the Board of Aldermen at 7:02 p.m. B. PLANNING & ZONING COMMISSION There being no further business, Chairman Greenwood asked for a motion to adjourn. MOTION: Commissioner Copeland made a motion to adjourn the meeting. Commissioner Heath seconded the motion. The motion carried by a vote of 4-0. Chairman Greenwood adjourned the Planning and Zoning Commission at 7:02 p.m. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 23, 2008. APPROVED BY THE PLANNING AND ZONING COMMISSION ON SEPTEMBER 22, 2008. _________________________________________ Bill Greenwood, Chairman ATTEST: ___________________________________ Kim Sutter, TRMC, Town Secretary MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION SPECIAL MEETING May 29, 2008 PRESENT: Chairman Bill Greenwood and Commissioners Walter Copeland, Allen Heath and Sharon Sanden. ABSENT: None. OTHERS PRESENT: Town Manager Tom Brymer, Town Attorney Stan Lowry, Town Secretary Kim Sutter, Director of Planning and Development Eddie Edwards, DPS Director Don Wilson, Public Works Superintendent Jarrod Greenwood, and Assistant to the Town Manager Ginger Awtry. 1. CALL TO ORDER. Chairman Greenwood called the meeting to order at 7:19 p.m. 2. CONTINUE A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3-PLANNING AREA 3 (PD 3-3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3-PLANNING AREA 12 (PD 3-12); (THIS CASE IS BEING CONTINUED FROM THE MAY 22, 2008, MEETING) Town Manager Brymer introduced the case and advised the Commission that staff recommends approval of the case. Mr. Brymer advised the Commission that the detailed concept plan depicts public access/entrance from Westlake Parkway and an employee/service access entrance/exit from J.T. Ottinger Road. Chairman Greenwood continued the public hearing at this time. There being no on requesting to speak, Chairman Greenwood requested at motion to close the public hearing. Planning and Zoning Commission Page 2 of 2 Special Meeting May 29, 2008 MOTION: Commissioner Heath made a motion to close the public hearing. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. MOTION: Commissioner Copeland made a motion to recommend approval of the zoning case for an amendment to the comprehensive zoning ordinance of the Town of Westlake, Texas, by removing approximately 107 acres from planned development 3-planning area 3 (PD 3-3) and rezoning that acreage to be called planned development 3-planning area 12 (PD 3-12); Commissioner Sanden seconded the motion. Commissioner Heath recommended the approval be contingent upon the staff recommendations, approval of the development agreement by the Board of Aldermen, and rezoning of Planned Development 3 (PD 3-3). In response to Commissioner Heath’s recommendation, Town Attorney Lowry suggested the motion reflect the importance of the development agreement as part of the Commission’s recommendation for approval. AMENDED MOTION: Commission Copeland amended the motion to recommend approval contingent upon the staff recommendations and to reflect the importance of the approval of the off-site development agreement as discussed in the May 29, 2009, joint workshop with the Board of Aldermen. Commission Sanden seconded the amendment. The motion carried by a vote of 4-0. 3. ADJOURNMENT. There being no further business to come before the Commission, Chairman Greenwood asked for a motion to adjourn the meeting. MOTION: Commissioner Heath made a motion to adjourn the meeting. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-0. Commissioner Greenwood adjourned the meeting at 7:25 p.m. Approved by the Planning and Zoning Commission on the 22 day of September 2008. ________________________________ William E. Greenwood, Chairman ATTEST: _____________________________________ Kim Sutter, TRMC, Town Secretary Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular Meeting of September 25, 2008 Date: September 16, 2008 ITEM Conduct a Public Hearing and take appropriate action regarding an application for an amendment to Planned Development Zoning District PD 3-3 by amending the permitted uses and creating a buffer zone parallel to and North of Dove Road. Specifically removing all permitted residential uses and adding to the allowable square footage of office use for this district. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: ; Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND The proposed amendments are being requested by the applicant to fulfill some of the requirements contained in the Developer’s Agreement agreed to as part of the approval process for an earlier amendment to this planned development district. FUNDING N/A RECOMMENDATION Staff recommends approval of the amendments as proposed. ATTACHMENTS: Staff report Proposed ordinance with exhibits 1    TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/BOARD OF ALDERMEN I. CASE INFORMATION Case No. Z-08-05 Date: 9/10/2008 Request: Applicant is requesting approval of the following: Site Plan Zoning Change XComprehensive Plan Amendment Preliminary Specific Use Permit Zoning Regulation Amendment Final Plat Variance Development / Project Name: PD 3-3 Amendments. Location: Two portions of the Circle T Ranch. Part 1 of the subject property is a tract of land that is approximately 128.8 acres located North of Dove Road with the Southeast corner of the tract located near the intersection of Pearson and Dove. Part 2 of the subject property is a tract of land that is approximately 138 acres located West of J.T. Ottinger Rd., South of Westlake Academy, and wrapping around the Mahotea Boone subdivision. (See attached exhibit.1 for legal description and map) Owner: AIL Investments, L.P. Developer: N/A Zoning: PD 3-3. (Planning area 3 of the Circle T Ranch Planned Development, PD-3) Proposed Use(s): This amendment will eliminate all Single family residential uses and increase the allowable square footage of Office Use from 164,700 to 1,200,000 square feet. Zoning District Amendments: A buffer zone running parallel to and North of Dove Road is being proposed. This buffer zone will limit the use of this land and restrict access to Dove Road. No habitable 2    structures may be built in the buffer zone and only emergency access will be permitted through the buffer zone. Phasing: N/A II. STAFF REVIEW COMMENTS 1. General: The proposed amendments are being requested by the applicant to fulfill some of the requirements contained in the Developer’s Agreement agreed to as part of the approval process for an earlier amendment to this planned development district. The earlier amendment removed approximately 107 acres from the middle of this district and created a new planned development district, PD 3-12, which contains regulations specific to the proposed Deloitte hotel and conference center complex. The remaining two parcels are still designated as PD 3-3 and are considered a single zoning district even though they are no longer contiguous. (Legal description and map are shown on Exhibit 1) The residential uses being eliminated include 117.4 acres and a potential development of over 211residential lots ranging in size from 6,000 to 30,000 square feet, assuming a 60% development ratio of land to lots. Multiplying an estimated average home size of 6,000 square feet under roof multiplied by 211 gives a very conservative estimate of 1,266,000 square feet. The applicant has estimated that they could develop over 270 lots and, using the same 6,000 square foot estimate, would allow for the construction of over 1,620,000 square feet of buildings. The net result of approval of this amendment will be less potential square feet of buildings and more contiguous open space and the deletion of the residential uses from this zoning district effectively removes a potentially significant future student load from the Westlake Academy. The 200 foot wide buffer strip will protect the rural feel and aesthetic qualities enjoyed currently along that portion of Dove Road between Fidelity’s property and where Pearson Road intersects with Dove Road. (Legal description and map are shown on Exhibits 2 and 3) 3    Items listed in 2 through 8 below will be addressed during the site plan and platting approval process. 2. Utilities (including on and off-site extensions and easement dedications): 3. Storm water (including on and off-site facilities and easement dedications): 4. Setbacks/Building Lines: 5. Parking/Fire Lanes: 6. Solid Waste Collection Facilities: 7. Traffic Access Management/Internal Site Circulation and Connectivity to Adjacent Property Tracts (both owner’s and non-owner’s tracts): 8. Site Design A. Materials, Building Design, Architecture, and Hard Screening B. Landscaping and Landscape Screening C. Signage D. Lighting E. Water Features/Public Art F. Pedestrian Circulation (within the site) G. Pedestrian Access (around perimeter of and to the site) H. Trails/Open Space 9. Other III. STAFF RECOMMENDATIONS Staff recommends approval of the amendments as proposed. September 19, 2008 PA 3 - Resort and Office Page 1 ORDINANCE CIRCLE T PLANNING AREA 3 RESORT AND OFFICE ORDINANCE NO. _________ AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AND AMEND THE METES AND BOUNDS OF AN APPROXIMATELY 276 ACRE TRACT OF LAND GENERALLY LOCATED IN TARRANT COUNTY, TEXAS, WHICH REFLECTS A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING GOLF, RESORT HOTEL, OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (sometimes referred to as the "Board") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Board adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Board 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 Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on August 23, 2003 and WHEREAS, there is located within the corporate limits of the Town an approximately 276 acre tract of land (commonly known as Planning Area 3 - Resort and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the Board of Aldermen agree that the boundaries for PD 3-3, must be amended and certain uses clarified in order to accommodate the rezoning of adjacent properties; and September 19, 2008 PA 3 - Resort and Office Page 2 ORDINANCE WHEREAS, the Board 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 Board has determined to be consistent with the 2004 Comprehensive Plan, the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer Plan all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 309, is hereby amended by this PD Ordinance, by amending the property described in the attached Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3-3 " and the date that this Ordinance was adopted by the Board. PART IV It is hereby declared to be the intention of the Board of Aldermen 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. September 19, 2008 PA 3 - Resort and Office Page 3 ORDINANCE PART V This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS _______ DAY OF__________, _______. Laura Wheat, MAYOR ATTEST: _ Kim Sutter, TRMC, Town Secretary _______________________________ Thomas Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney September 19, 2008 Table of Contents PA 3 - Resort and Office Page i ORDINANCE CIRCLE T PLANNING AREA 3 RESORT AND OFFICE 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 PD SUPPLEMENT ..................................................................................................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS .............................................2 Section 5.1 Applicable Town Ordinances ......................................................................2 Section 5.2 General Approval Criteria ...........................................................................2 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ....................3 Section 6.1 PD Concept Plan ..........................................................................................3 Section 6.2 PD Development Plans ................................................................................3 Section 6.3 PD site plans ................................................................................................3 ARTICLE II. USES ......................................................................................................................4 SECTION 1 LAND USE SCHEDULE ........................................................................................4 SECTION 2 ACCESSORY USES AND STRUCTURES ...........................................................9 ARTICLE III. DEVELOPMENT STANDARDS ....................................................................10 SECTION 1 DENSITY ..............................................................................................................10 Section 1.1 Office .........................................................................................................10 Section 1.2 Resort Hotel ...............................................................................................10 SECTION 2 MINIMUM LOT SIZE ..........................................................................................10 Section 2.1 Office .........................................................................................................10 Section 2.2 Resort Hotel ...............................................................................................10 SECTION 3 MINIMUM LOT WIDTH .....................................................................................10 Section 3.1 Office .........................................................................................................10 Section 3.2 Resort Hotel ...............................................................................................10 SECTION 4 MAXIMUM BUILDING HEIGHT .......................................................................10 Section 4.1 Office .........................................................................................................10 September 19, 2008 Table of Contents PA 3 - Resort and Office Page ii ORDINANCE Section 4.2 Resort Hotel ...............................................................................................10 Section 4.4 Exceptions to Height Requirements ..........................................................10 SECTION 5 MINIMUM BUILDING SIZE ...............................................................................11 Section 5.1 Office .........................................................................................................11 Section 5.2 Resort Hotel ...............................................................................................11 SECTION 6 FRONT YARD SETBACKS .................................................................................11 Section 6.1 Office .........................................................................................................11 Section 6.2 Resort Hotel ...............................................................................................11 Section 6.4 General .......................................................................................................11 SECTION 7 REAR YARD SETBACKS ...................................................................................11 Section 7.1 Office .........................................................................................................11 Section 7.2 Resort Hotel ...............................................................................................11 Section 7.4 General .......................................................................................................12 SECTION 8 SIDE YARD SETBACKS .....................................................................................12 Section 8.1 Office .........................................................................................................12 Section 8.2 Resort Hotel ...............................................................................................12 Section 8.4 General .......................................................................................................12 SECTION 9 SLOPE REQUIREMENTS ...................................................................................13 Section 9.1 Residential Slope ...........................................................................................13 Section 9.2 Roadway Slope ..............................................................................................13 ARTICLE IV. EXHIBITS ..........................................................................................................14 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer September 19, 2008 Article I. General Provisions PA 3 - Resort and Office Page 1 ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Circle T Planning Area No. 3 - Resort and Office Planned Development Zoning District Ordinance", or simply as the "PD Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for increased recreation and/or open space opportunities for public use; to provide rural amenities or features that would be of special benefit to the property users or community; to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; to protect or preserve existing historical buildings, structures, features or places; and to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. 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 Board and that are applicable to development within the PD District.. Board means the Board of Aldermen of the Town of Westlake, Texas. Buffer Zone means an area of land to be used only for emergency access, accessory structures of two-hundred (200) square feet or less under roof, and landscaping. This area may be used for purposes of meeting open space area requirements within a zoning district. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. 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. Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit, or other masonry materials approved by the Board. September 19, 2008 Article I. General Provisions PA 3 - Resort and Office Page 2 ORDINANCE PD District means the planned development zoning district established by this PD Ordinance. PD Concept Plan means a plan for development which enables the town to evaluate major impacts of a proposed zoning district or planned development district. PD Ordinance means this planned development zoning district ordinance, including any approved PD Concept Plan. PD Supplement means that certain Circle T Planned Development Zoning District As codified in the Planned Development Supplement. Town means the Town of Westlake, Texas. UDC means the Town’s Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT Concurrently with the adoption of Ordinance 309, the Board adopted the PD Supplement. The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: A. With respect to the office use area, by the "O-Office Park" zoning district standards; B. With respect to the resort hotel use area, by the "R-Local Retail" Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement 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 5.2 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 Board, the Commission, the Town Manager 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) September 19, 2008 Article I. General Provisions PA 3 - Resort and Office Page 3 ORDINANCE based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (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 approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan. A PD concept plan for this PD District shall be approved prior to the approval of any development plans and site plans required by this PD Ordinance. The PD concept plan shall comply with the Comprehensive Land Use Plan, the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plan of the Town and the Master Drainage Plan of the town and the UDC Section 6.2 PD Development Plans A PD Development Plans are required for development within the PD District. THE UDC governs the process by which PD development plans are submitted and approved. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 3.4, of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 4 ORDINANCE ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub-areas identified on the PD Concept Plan 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 as a principal use. CIRCLE T PLANNING AREA 3 - RESORT LAND USE SCHEDULE PERMITTED USES Permitted “X” Special Use “S” Accessory “A” AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) X Farms General (Crops) X Farms General (Livestock, Ranch) X Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Stables (Private Use) S Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quarters September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 5 ORDINANCE Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport Helistop/Verti-stop S Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Utility Shop and Storage A Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) S Water Storage Tank and Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Retirement Home Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic A Child Daycare (Public; 7 or more) Child Daycare (Private; 7 or more) A5 School, K-12 (Public or Private) School (Vocational) September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 6 ORDINANCE College or University X Community Center (Public) Civic Club X Church or Place of Worship X Use Associated to a Religious Inst. X Government Building X Police Station X Fire Station X Library X Data Center X COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing X Hotel/Motel X Hotel/Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) A Laundry/Dry Cleaning (Drop/Pick) A Shoe Repair A Beauty Parlor/Barbershop A Clothing Store A Quick Copy/Duplicating Services A Personal Services A Liquor Store Micro-brewery and Wine Production and Sales (<30,000 S.F.) S Grocery Convenience Store A Service Station Drug Store A September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 7 ORDINANCE Variety Store A Bakery Sales A Stationery and/or Book Store A Antique Shop Art Gallery/Museums A Hardware Store Sporting Goods A Paint and Wallpaper Cloth Store Retail Stores - General (Excluding Second Hand Goods) A Restaurant, Cafe or Dining Facility X Restaurant, Cafe or Dining Facility with alcohol sales S Auto/Truck Parts and Accessories Household Furniture/Appliances (including Sales and Service) Farmer’s Market Feed Store Parking Structure X Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting A Vehicle Display and Sales (inside) Medical Laboratory R&D Laboratory A6 Conference Center X Live Theater A Motion Picture Theater A Custom Business Services X Electronic Appliances Store and Computer Sales and Service Tavern, Bar or Lounge S Dance Halls/Nightclubs S AMUSEMENT/RECREATION Golf Course (Public or Private) X September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 8 ORDINANCE Park or Playground (Public or Private) X Satellite Dish X Non-Commercial Radio Tower Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) X Golf Clubhouse (Public or Private) X Community Center (Private) X Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility A Golf Pro Shop A Health/Spa Facilities (Private) A Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center A Athletic Courts (Public) A Commercial Amusement (Inside) A Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair Auto Mechanical Repair A Quick Lube/Oil Change Vehicle Maintenance (Private) A Vehicle Fueling (Private) A WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 9 ORDINANCE Light Manufacturing/Assembly Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books/Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X3 Temporary Construction Materials Storage X3 Temporary Sales Office X4 1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. 4. Limited to “build-out” period. 5. “Private” shall be deemed to include a daycare that is made available to any employee on the property. 6. Limited to white collar research and development (i.e., non-industrial, non-chemical, and non-water processing). SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and which 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. September 19, 2008 Article III. Development Standards PA 3 – Resort and Office Page 10 ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Office The maximum building square footage for the office use shall be 1,200,000 square feet. Section 1.2 Resort Hotel The maximum building square footage for the resort hotel use shall be 500,000 square feet. SECTION 2 MINIMUM LOT SIZE Section 2.1 Office The minimum lot size for the office use area shall be 100,000 square feet. Section 2.2 Resort Hotel The minimum lot size for the resort hotel use area shall be 200,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Office The minimum lot width for the office use area shall be 200 feet. Section 3.2 Resort Hotel The minimum lot width for the resort hotel use area shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Office Except as provided below, the maximum height for all structures within the office use area shall be the lesser of five stories or 75 feet. Section 4.2 Resort Hotel Except as provided below, the maximum height for all structures within the resort hotel use area shall be the lesser of five stories or 75 feet. Section 4.3 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. September 19, 2008 Article III. Development Standards PA 3 – Resort and Office Page 11 ORDINANCE SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Office The minimum building size for an office use shall be 3,000 square feet. Section 5.2 Resort Hotel The minimum building size for the resort hotel shall be 3,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Office The minimum front yard for the office use area shall be 50 feet. Section 6.2 Resort Hotel The minimum front yard for the resort hotel use area shall be 100 feet. Section 6.3 General A. Required front yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard. B. The front yard setback is measured from the front lot line or from the required right-of-way, whichever creates the greater setback. C. If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat, the following structures or portions of structures in the yard along such frontage are governed by the rear yard regulations: swimming pools; game courts; fences; garages; and other accessory buildings. D. If a corner lot has two street frontages of equal distance, one frontage is governed by the front yard regulations and the other frontage by the side yard regulations. If the corner lot has two street frontages of unequal distance, the shorter frontage is governed by the front yard regulations and the longer by the side yard regulations. SECTION 7 REAR YARD SETBACKS Section 7.1 Office The minimum rear yard for the office use area shall be 25 feet. Section 7.2 Resort Hotel The minimum rear yard for the resort hotel use area shall be 100 feet. September 19, 2008 Article III. Development Standards PA 3 – Resort and Office Page 12 ORDINANCE Section 7.4 General A. Required rear yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard. B. The rear yard setback is measured from the rear lot line. C. A person need not provide a full rear yard setback for an accessory structure if the structure does not exceed 15 feet in height. Accessory structures include, but are not limited to, swimming pools, game courts, fences, and garages. Where the rear yard is adjacent to an alley, a three-foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required. SECTION 8 SIDE YARD SETBACKS Section 8.1 Office The minimum side yard for the office use area shall be 25 feet. Section 8.2 Resort Hotel The minimum side yard for the resort hotel use area shall be 75 feet. Section 8.4 General A. Required side yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. B. The side yard setback is measured from the side lot line, except when a front yard is treated as a side yard, in which case, the setback is measured from the lot line or the required right-of-way, whichever creates the greater setback. C. Air conditioning units may be located in the required side yard, but not nearer than one foot to the property line. D. A person need not provide a side yard setback for an accessory structure if the structure does not exceed 15 feet in height and is located in the rear 30 percent of the lot. September 19, 2008 Article III. Development Standards PA 3 – Resort and Office Page 13 ORDINANCE SECTION 9 SLOPE REQUIREMENTS Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 5:1 (including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line drawn at a slope of 2:1 (including streets and other rights of way) from the right-of-way line of any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS Section 10.1 Access. Direct access to Dove Road from that portion of the AIL Property located as shown on the attached Exhibit “2” shall be limited to emergency use only. Section 10.2 Dove Road Buffer. AIL hereby agrees to a buffer two hundred feet (200’) in depth as measured from the northern boundary of the current Dove Road right-of-way covering that portion of the AIL Property located as shown on the attached Exhibit “3”. September 19, 2008 Article IV. Exhibits PA 3 - Resort Page 14 ORDINANCE 007510.00019:0360290.06 007510.00019:0360290.06 ARTICLE IV. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer – Town of Westlake Memo To: Chairman and members of the Planning and Zoning Commission From: Eddie Edwards, Director of Planning and Development Subject: Regular meeting of September 25, 2008 Date: September 18, 2008 ITEM Conduct a Public Hearing and take any appropriate action regarding an application for a specific use permit for a private water well to be located at 1502 Wills Ct. VISION POINT AND KEY RESULT AREAS This item supports the following Vision Point and Key Result Areas: ; Inviting Residential & Corporate neighborhoods o On-going comprehensive planning o Outstanding community appearance o Highest quality development and aesthetic standards o Open space preservation BACKGROUND The operation of private water wells supports the policy of the Town to provide for an aesthetic living environment that promotes the development of green spaces, the preservation of trees, and the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation policies of the Town are in fact dependent on the ability of the development community to maintain the living material in a healthy state. This requires that an alternative source of water, other than potable water, be utilized. From a planning perspective, the siting of water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. The location of the proposed water well is well inside the limits of the property. There is ample opportunity to screen the site from adjacent property. In fact, water wells of this type are normally very low in profile and are usually screened by natural trees and vegetation. We do not see the need for dedicated rights-of-way or easements for the access roads; however, the applicant should illustrate how the well will be serviced so as not to interrupt neighboring property owners. As the Town considers the application for a Specific Use Permit (”SUP”) for a water well, it is important that we establish the appropriate standard of review. Specific Use Permits are generally applied to uses that encompass intensity levels of a type, which require special treatment or location to ensure compatibility with surrounding properties, and uses. As an example, a convenience store with high traffic volumes and significant outside lighting, should only be allowed adjacent to residential homes when its harmful elements can be alleviated or compensated for by landscape screening, access restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not allow for individual consideration of those factors. Conversely, prohibiting the use entirely would result in certain necessary uses being located only in areas where the use is impractical. Matters such as those discussed above constitute the proper standard of review when considering this SUP application. As is explained below, however, concerns about the protection of the Town’s underground water supply are not a permissible basis for the denial of an SUP for water well. The State of Texas operates under the rule of capture with respect to both its water and petroleum resources. That rule can best be summarized by the most definitive Texas Supreme Court case on the issue of water use when it ruled as follows: Absent malice or willful waste, landowners have the right to take all the water they can capture under their land and do with it whatever they please, and they will not be liable for their neighbors even if in so doing they deprive their neighbors of the water’s use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999). That decision, which makes clear that neither the town nor the courts can regulate the amount of water taken from wells, is based on the premise that the Texas legislature has specifically reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In light of the existing precedent on this matter, it would be improper for the Town to take into consideration the potential impact on the underground water supply when examining the water well SUP application. Instead, the Planning and Zoning Commission and the Board should limit their review to the compatibility of the proposed use with surrounding properties and uses. In summary, the SUP application filed by Pam DeLaPorte for 1502 Wills Court should be considered based only on any potentially harmful impact its location and placement might have on adjacent properties and uses, exclusive of any consideration of groundwater conservation. FUNDING N/A RECOMMENDATION Staff recommends approval of the application for a specific use permit. ATTACHMENTS: Application Aerial Photo with indication of well site