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01-22-18 PZ Min 1.4,QQ®r . MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING January 22, 2018 PRESENT: Commissioners Michelle Lee, Greg Goble, and Ryan Groce. Others: Alternates Ken Kraska and Sharon Sanden ABSENT: Tim Brittan and Liz Garvin OTHERS PRESENT: Town Attorney Cathy Cunningham, Director of Planning Ron Ruthven, Town Secretary Kelly Edwards, Administrative Assistant to the Town Secretary Tanya Morris, Deputy Chief John Ard, Communications Director Ginger Awtry, Communications Manager Jon Sasser, Director of Public Works Jarrod Greenwood, Director of Information Technology Jason Power, Network Administrator Duston McCready, Director of Finance Debbie Piper, Building Official Pat Cooke, and Development Coordinator Nick Ford. Work Session 1. CALL TO ORDER Commissioner Lee called the work session to order at 5:09 p.m. 2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. No additional discussion ensued. P&Z Minutes 01/22/18 Page 1 of 6 3. DISCUSSIOM REGARDING THE POTENTIAL ADOPTION OF A UNIFIED DEVELOPMENT CODE FOR THE TOWN Development Coordinator Ford provided a presentation and overview of the item. Commissioner Groce confirmed that the new UDC would be available online. Director Ruthven confirmed that the formal adoption would be the next step. 4. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT PROJECTS PER DECEMBER 2017 REPORT. Director Ruthven provided updates on the following: Future update on traffic signalization at Dove Road and Davis Boulevard/FM 1938. Update on fire station construction. Entrada: Ready to begin platting the stonework, getting ready to pour foundation on larger retail, waiting on panel details for the tower before vertical construction begins, Plaza Mayor review will begin soon, and residential infrastructure. Charles Schwab construction is moving at a robust pace. Schwab Way road construction is underway. S. EXECUTIVE SESSION The Commission convened into executive session at 5:24 p.m. The Commission will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan b. Section 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, 'Plaintiffs") vs. Town of Westlake P&Z Minutes 01/22/18 Page 2 of 6 6. RECONVENE MEETING Commissioner Lee reconvened the work session at 6:30 p.m. 7. ADJOURNMENT Commission Lee adjourned the work session at 6:30 p.m. Regular Session 1. CALL TO ORDER Commissioner Lee called the regular session to order at 6:30 p.m. 2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING HELD ON NOVEMBER 13, 2017. MOTION: Commissioner Goble made a motion to approve the minutes. Commissioner Groce seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE LIMITED TO AN APPROXIMATELY 62.53-ACRE PORTION OF LOT 1, BLOCK 3, WESTLAKE/SOUTHLAKE PARK #1, LOCATED ALONG THE SOUTH SIDE OF SOLANA BLVD., WEST OF THE INTERSECTION OF SAM SCHOOL ROAD AND SOLANA BLVD. Commissioner Lee stated that the Commission would conduct a joint public hearing for Items 3 and 4. Director Ruthven provided a presentation and overview of the item. No additional discussion ensued. Commissioner Lee moved to Item 4. MOTION: Commissioner Goble made a motion to approve the amendment to the Comprehensive Plan. Commissioner Sanden seconded the _ motion. The motion carried by a vote of 4-1-0. Commissioner Kraska opposed. Commissioner Lee returned to Item 4 to call for a motion. P&Z Minutes 01/22/18 Page 3 of 6 4. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR A ZONING CHANGE REQUEST FOR AN APPROXIMATELY 62.53-ACRE PORTION OF LOT 1, BLOCK 3, WESTLAKE/SOUTHLAKE PARK #1, LOCATED ALONG THE SOUTH SIDE OF SOLANA BLVD., WEST OF THE INTERSECTION OF SAM SCHOOL ROAD AND SOLANA BLVD. THE PROPERTY IS CURRENTLY ZONED PLANNED DEVELOPMENT DISTRICT (PD1-1); PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT (PD6) TO INCLUDE PRIMARILY SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN; APPROVAL OF A SPECIFIC USE PERMIT FOR PRIVATE STREETS. Director Ruthven provided a presentation and overview of the item. Staff recommendations include: As a condition of the approval, the residential design requirements included in the residential deed restrictions shall be approved by the Town Council as a later resolution when they are finalized. The design requirements shall be generally consistent with the Westlake Building Quality Manual. Approving the design requirements contained in the deed restrictions provides guidance and clarification for staff in reviewing building and other development plans. Maintenance responsibilities, details of amenities, and final locations of parking and trails shall be approved through a separate agreement between the applicant/developer and the Town. Said agreement shall be approved before a notice to proceed with the construction of public improvements is issued by the public works director. Prior to approval of the final agreement between the developer and the Town, a public workshop shall be held whereby public input is received concerning the final park design and amenities. Larry Corson, Wilbow Corporation, provided a presentation and overview of the proposed development, including an updated proposal. Mike Hudspeth, BRE Solana, spoke in favor of the zoning change. Discussion ensued regarding street composition, houses along Granada one-story verse two-story, square footage of cottage style one-story home, number of garages and the direction they would face, open space in Vaquero, traffic study, amenities, and estimated development and buildout time tables. As the Chair reached Items 3 and 4, Ray Oujesky approached the podium without being called upon and raised a Point of Order concerning a lack of notice for the 56 lot plan being proposed by Wilbow Corporation. Mr. Oujesky acknowledged that notice had been received by affected property owners, but stated that the notice was for 59 lots instead of 56 lots. Attorney Cunningham explained that the notice was sufficient. Ray Oujesky then raised a second Point of Order, citing Chapter 26, section 26.66, claiming that the Town Council previously denied the 56 lot plan and the proposal being submitted was the same. The Chair and Attorney Cunningham reminded Mr. Oujesky that the previous case had requested 61 lots, and that the new request was more restrictive and a less intensive use. Denial of an item. The board may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a P&Z Minutes 01/22/18 Page 4 of 6 new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development." Commissioner Lee opened the public hearing. The following people spoke in favor of the item: Vik Suresh, 2042 Valencia Cove and Paul Beauchamp, 1857 Broken Bend Drive. The following people spoke in opposition of the item: Scott Bradley, 1 Paigebrook; Colin Stevenson, 1823 Broken Bend Drive; Crystal Shiner, 1606 Fair Oaks Drive; Tim Shiner, 1606 Fair Oaks Drive; Pat Cockrum, 1825 Broken Bend Drive; Denny Iker, 1814 Broken Bend Drive; Ray Oujesky, 201 S. Main Street, Suite 2500, Fort Worth, Texas 76102; Nolan Ogden, 1829 Broken Bend; Neil McNabnay, 1815 Broken Bend; Joyce Baker, 1801 Seville Cove; Kelly Bradley, 1 Paigebrook; and Walt Havenstein, 2211 Cedar Elm Terrace. The following people did not speak, but completed a speaker form: Charles Carlson, 1903 Gaillardia Court. Larry Corson, Wilbow Corporation, gave a rebuttal regarding the speakers in opposition of the proposed development. Discussion ensued regarding property density and lot sizes. Commissioner Lee closed the public hearing. Discussion ensued regarding number of homes, topography, and one-story homes and open space behind them. Town Attorney Cunningham and Director Ruthven clarified questions on the Comprehensive Plan and the designated open space, a Moratorium, 10% Coverage Ratio, and the vested rights. The commission recessed at 8:23pm. The commission reconvened at 8:30pm. Commissioner Lee returned to Item 3 to call for a motion as stated under Item 3 of the agenda. MOTION: Commissioner Goble made a motion to approve the zoning change for the 56 lot plan, with the following conditions: the residential design requirements included in the residential deed restrictions shall be approved by the Town Council as a later resolution when they are finalized; the design requirements shall be generally consistent with the Westlake Building Quality Manual; approving the design requirements contained in the deed restrictions P&Z Minutes 01/22/18 Page 5 of 6 provides guidance and clarification for staff in reviewing building and other development plans; maintenance responsibilities, details of amenities, and final locations of parking and trails shall be approved through a separate agreement between the applicant/developer and the Town; said agreement shall be approved before a notice to proceed with the construction of public improvements is issued by the public works director; prior to approval of the final agreement between the developer and the Town, a public workshop shall be held whereby public input is received concerning the final park design and amenities; also to include: 1) the streets shall be constructed of concrete and 2) Lot 4 shall be a one-story structure. Commissioner Sanden seconded the motion. The motion carried by a vote of 4-1-0. Commissioner Kraska opposed. S. ADJOURNMENT There being no further business to come before the Commissioners, Commissioner Lee asked for a motion to adjourn. MOTION: Commissioner Groce made a motion to adjourn the meeting. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. Commissioner Lee adjourned the meeting at 8:35 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON FEBRUARY 12, 2018. ATTEST: }} Commissioner, Michelle Lee Tana Morris, Administrative Assistant P&Z Minutes 01/22/18 Page 6 of 6