TOWN STAFF REPORT RECOMMENDATIONS
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Hold public hearing, discuss, consider and act to make a recommendation to Town Council regarding an Ordinance of the Town of Westlake, Texas, Amending Chapter 102, “Zoning”, Article VII, “Planned Development Regulations”, Division 2, “Planned Development District Procedures”, Section 102-269, “Amendment of Plans”, Modifying Provisions for Minor Modifications to PD Site Plans; Providing a Penalty; Providing a Cumulative Clause; Providing a Severability Clause; Providing a Savings Clause; Authorizing Publication; and Establishing an Effective Date. (Deputy Town Manager Jason Alexander, AICP, CEcD)
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STAFF: Deputy Town Manager Jason Alexander, AICP, CEcD
BACKGROUND:
As set forth in Sec. 102-269 of the Town of Westlake, Texas Code of Ordinances, entitled “Amendment of plans,” the Town Manager is authorized to review, to consider, and to approve requests for minor modifications to site plans prepared and submitted for an approved planned development. The provisions in “Amendment of plans” specifically define a minor modification as any modification that does not:
1) “[a]lter the basic relationship of proposed development to adjacent property;
2) [c]hange the uses permitted;
3) [i]ncrease the maximum density, floor area, or height;
4) [d]ecrease the amount of off-street parking, unless parking remains sufficient in number and conforms to ordinance requirements; or
5) [r]educe the minimum yards or setbacks.”
The inability of the Town Manager to consider a reduction in minimum yards or setbacks --- particularly when there are fire access and utility location concerns --- can unintentionally lengthen the development review and approval process.
Moreover, the inability of the Town Manager to consider practical reasons for a reduction in minimum yards or setbacks creates rigid performance standards that are contrary to the purpose of planned developments as set forth in Sec. 102-241 of the Town of Westlake, Texas Code of Ordinances entitled, “Purpose,” which is “to encourage flexible and creative planning, to ensure the compatibility of land uses, and to allow for the adjustment of changing demands to meet the current needs of the community.”
It is important to note that the proposed text amendments do not relinquish the authority of the Town Manager (or their designee) to refer any request to the Planning and Zoning Commission, including any request for a minor modification to a site plan for a reduction in minimum yards or setbacks.
The text amendments, as proposed, are intended to achieve the following objectives:
1) To allow the Town Manager to delegate authority to review, to consider, and to approve a reduction in minimum yards and setbacks, as such delegation of authority improves efficiency and increases expediency of development review and approval.
2) To allow for consideration of a reduction in minimum yards and setbacks for practical reasons (i.e., site design) or access for fire, utilities, and other infrastructure.
DISCUSSION:
As the Town of Westlake continues to grow, it is vital that processes are in place to allow for efficient review and approval of minor modifications to site plans that advance the community’s interests for purposeful growth and development. Accordingly, the text amendments, as proposed, are intended to authorize the Town Manager, or their designee, to review, consider, and approve requests for minor modifications to site plans in accordance with the provisions set forth in Sec. 102-269 of the Town of Westlake, Texas Code of Ordinances, entitled “Amendment of plans” and to allow for the Town Manager, or their designee, to review, consider, and approve requests for reduction in yards and setbacks. Authorizing the Town Manager or their designee to review, to consider, and to approve such requests does not relinquish their authority to refer any request to the Planning and Zoning Commission for consideration.
FISCAL IMPACT:
N/A
STAFF RECOMMENDATION:
The Department of Planning and Development recommends approval of the proposed text amendments as presented.
ATTACHMENT(S):
Proposed Text Amendments.
PLANNING & ZONING COMMISSION ACTION/OPTIONS:
1) Motion to approve
2) Motion to amend with the following stipulations (please state stipulations in motion)
3) Motion to table (please state specific date in motion)
4) Motion to deny