TOWN STAFF REPORT RECCOMENDATIONS
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Conduct a public hearing and consider approval of Ordinance 982 authorizing a zoning change on Lot 1R1-1, Block 2, Westlake/Southlake Park Addition Number One, from the PD1-1 zoning district to the PD10 zoning district in order to construct a single-family residential development. The subject property contains approximately 32.88 acres and is located between Sam School Road and State Highway 114 just north of the boundary with the city of Southlake; and take appropriate action (Ron Ruthven, Director of Planning and Development)
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STAFF: Ron Ruthven, Director of Development and Planning
Executive Summary (Including Applicable Organizational History)
Lovett, on behalf of the property owner, Sage Westpark, Ltd., is requesting to rezone 32.88 acres located between Sam School Road and State Highway 114 just north of the boundary with the city of Southlake from the Planned Development District Number One, Planning Area One (PD1-1) district to Planned Development District Number 10 (PD10) district in order to develop the property for 55 single-family detached lots with average lot sizes varying between 17,598 square feet and 3,750 square feet. The proposed development would be called “Solana Hills”. The current zoning of the property contains the entirety of the Solana development and only allows for commercial uses.
Existing Conditions
The property is currently platted and is zoned “PD1-1”. The property is largely undeveloped. However, an abandoned gas well pad site exists on the east side of the property. The abandoned pad site contains approximately 2.4 acres and is connected to Sam School Road via a dirt drive. The well head on the site has been plugged and capped per the requirements of the Town and the Texas Railroad Commission and use of the site for future natural resource extraction has expired and is now prohibited.
The property contains significant changes in topography with 72 feet of elevation change between its lowest and highest points. Most of the property contains old growth cross-timbers woodlands with a large floodplain and drainage basin along the northwest portion of the property along Kirkland Branch Creek.
Development Details
The development will include single family detached homes. The streets in the development are proposed to be private with a single entrance point off of Sam School Road.
According to the developer, “due to the site’s proximity to The Plaza at Solana, commercial or business use was not deemed a priority for this location. The proposed zoning change would be for residential zoning only, which will benefit the existing commercial businesses at The Plaza. Due to significant slope and grade conditions, adjustments to the Concept/Development plan may be necessary on a case-by-case basis”. According to the developer, the estimated price of the homes in the development would start at $1.2 million.
Proposed Home and Lot Specifications
The following is a breakdown of the housing specifications as proposed by the developer:
• All homes are subject to review by the Development Architect to maintain the highest level of quality and design consistency throughout the development.
• Lots are categorized into distinct types, with corresponding home standards.
• Guidelines are set forth for each type to determine size, setbacks, relation to streets, massing, height, and architectural character.
The following are the design criteria for each housing type:
Type A -Large Lot Homes - 27 units
a. Minimum Lot Size: 10,000 square feet
b. Minimum Lot Width: 80 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Street: 20 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet
(unless otherwise restricted by development setbacks)
Type B - Large Lot SE Homes - 5 units
a. Minimum Lot Size: 10,000 square feet
b. Minimum Lot Width: 80 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Street: 10 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet
(unless otherwise restricted by development setbacks)
Type C - Patio Homes - 12 units
a. Minimum Lot Size: 5,000 square feet
b. Minimum Lot Width: 45 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback 3 feet
Type D - Townhomes - 11 units
a. Minimum Lot Size: 3,200 square feet
b. Minimum Lot Width: 33 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback: 3 feet
(unless otherwise restricted by development setbacks)
*side setbacks may vary on certain lots as long as a minimum of 4’ building separation is
maintained
Proposed Minimum Design Standards
The following is a breakdown of the minimum design specifications as proposed by the developer:
• Garages: All homes shall have a minimum of 2 enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting.
• Roofs: Permitted roof materials include:
1. High quality clay or concrete tile
2. Slate or synthetic stone
3. Metal: Traditional standing seam
4. Flat or low-pitched roofing not visible from the street may be of any code
approved material.
• Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual. Exterior wall materials may include Brick, Stone, and/or 3-Coat Stucco.
• Design Review: All home designs shall be subject to review by the Developer’s “Development Architect” to ensure compliance with the Town’s Building Quality Manual and the Developer’s proposed design intent.
In terms of architectural style, the exhibits provided by the applicant indicate a blend of Colonial, Georgian and modern building styles. Consistent with other recently approved developments, Staff recommends that the developer provide detailed design guidelines that are consistent with the Building Quality Manual as a condition of approval.
Development Layout and Design
As required for residential PD requests, the developer has provided a combination concept/development plan. The plan shows 55 single family residential lots effectively surrounded by open space. The smaller lots are clustered around the area of the abandoned gas well pad site. This site was originally graded flat for the pad site operations and the developer proposes to take advantage of the flat grade to place more dense housing in this area.
Gross residential density, as proposed, stands at 1.67 dwelling units per acre (dua).
The analysis below breaks down the overall development design and includes a comprehensive plan analysis.
Tree Preservation and Landscaping
Tree preservation. The developer proposes that tree preservation meet the general Town requirements for tree preservation in the Code of Ordinances with the following exceptions specific to mitigation requirements:
• Existing trees located within street rights-of-way and trails be exempt;
• Existing trees located within designated driveway areas be exempt;
• Existing trees located within the building envelope be exempt;
• Existing trees within the side yard setback (except on the street facing side of corner lots) be exempt;
• Existing trees within an area of no more than five feet into the rear yard setback be exempt.
Landscaping. The developer proposes the following landscaping requirements:
• Landscape beds (including gravel mulch) shall be located along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five feet.
• A minimum of one (1), 3.5-inch caliper tree shall be planted per 30 linear feet of roadway, one (1) on each side of the street, from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement.
• At the time of building permit issuance, each lot shall plant at least two (2) 3.5-inch caliper trees from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement.
Landscape Zone Requirements. For any development adjacent to SH 114, the Town’s Code of Ordinances requires a landscape zone with an average width of 150 feet and minimum width of 100 feet from the highway right-of-way. Based on the proposal by the developer, this landscape zone would be a maximum of 125 feet in width located within an HOA open space lot. As a condition of this request, in order to promote the intent of the landscape zone requirement and buffering the development from SH 114 noise and other associated nuisances, staff recommends that there be sufficient landscaping planted, or in place, such that the view between traffic and the highway and homes within the development is completely screened at all times. This may require the planting of additional landscaping by the developer in reduced landscape zone. The revised exhibits show an example of this requirement.
Open Space and Parkland Dedication
Open Space. The total private open space in the development is proposed to be 14.66 acres (44.6% of the total development area). Almost all of the proposed open space will be for passive use and utilized for buffering and preservation of existing natural areas and floodplains. However, in addition to a manned guardhouse, 0.84 acres of open space located in the townhome areas will be active and include future amenities, as yet unidentified.
Park land dedication. The Code of Ordinances requires that one acre of parkland be dedicated for every 30 residential dwelling units in a new residential development. Based on the proposal of 55 residential units, the applicant is required to provide a minimum of 1.83 acres of parkland. The developer requests a waiver to this requirement. The Code of Ordinances allows for the payment of a fee in lieu of parkland dedication. Given the location of an existing 11.6-acre town owned park opposite Sam School Road from the subject property, staff agrees that no additional park land dedication is needed as part of the development and recommends the payment of a fee in lieu dedication, as allowed by the subdivision regulations, be provided as a condition of approval.
Sidewalks and Trails
The developer proposes to construct sidewalks along the internal streets. Staff recommends a sidewalk be constructed along Sam School Road adjacent to the development.
A public trail connection will be built connecting the existing trail along the west side of Sam School Road to the development. The trail will then parallel the Kirkwood Branch Creek where it will connect to a future pedestrian bridge that will connect to the Solana Plaza development. Construction of the proposed bridge will be required as a condition of approval with more specific details including design, costs, and schedules to be provided in the required development agreement.
Fencing
According to the developer, “fencing shall be constructed primarily of masonry and/or metal pickets. To preserve natural vistas, fencing between lots and along natural areas shall be designed in a way to provide a general sense of openness and visibility. Exceptions may be made for privacy or utility concerns. Fencing facing Sam School Road, as part of the community entrance, may be constructed of masonry and used to screen views where necessary due to privacy, security, or utility concerns.”
No specific designs were provided for fencing. Staff recommends that all fencing, at a minimum, comply with the requirements contained in the Town’s development regulations and the guidelines contained within the Building Quality Manual.
Traffic, Streets, Parking and Access
The internal streets are proposed to be private with a street section of 30 feet (face of curb to face of curb), in a Private Street ROW.
The entrance from Sam School Road will contain a manned guard house and consist of a dual entrance, providing two points of vehicular access into the development. Each entry drive will have a minimum width of 24 feet, which satisfies the emergency access requirements for the development. The entrance intersection with Sam School Road will also align with Terra Bella Drive.
A traffic impact analysis (TIA) was submitted as part of the development request. According to the TIA, based on the 55 single family units proposed, the development would generate a total of 579 daily vehicle trips. The TIA does not recommend any roadway facility improvements based on estimated traffic to be generated.
Sam School Road is not shown on the Master Thoroughfare Plan as a collector or arterial and no additional right-of-way dedication is required. However, a portion of Sam School Road adjacent to the subject property is unimproved. This unimproved area is part of a larger unimproved area, approximately 500 feet in length, as Sam School Road transitions from Westlake into Southlake. Therefore, as part of the development agreement, staff recommends that the developer either (1) pay its proportionate cost share of roadway improvements into an escrow account for future construction, or (2) construct and improve all of the existing unimproved portions of Sam School Road and be credited by the Town for the developer’s non-proportional roadway improvement costs. This can be further determined and detailed in the development agreement.
Staff recommends that an entry marker be placed along Sam School Road entering Westlake from the south. Additional details shall be contained within the development agreement.
Although the development to adjacent to SH 114, no access to the SH 114 service road is proposed.
Utilities and Drainage
The developer has provided preliminary utility and engineering plans for review. Although homes in the development will be required to connect to Town water utilities installed by the developer, the subject property is located within the city of Southlake’s water utility service area, called a Certificate of Convenience and Necessity (CCN), and regulated by the State of Texas. In order for the Town to be able to provide water utilities to the development, the Town and Southlake must enter into a future interlocal agreement and/or agree to amend the CCN boundary. Southlake staff have provided Town staff a preliminary indication of approval of an agreement contingent upon the approval of the zoning change.
Most of the development will drain to the north and west into the existing Kirkland Branch Creek. On-site detention requirements will be analyzed upon submission of civil construction plans.
Platting and Development Agreement
Upon approval of the zoning change, the existing plat of the property will be required to be vacated, after which the developer must submit a preliminary site evaluation and final plat prior to permit issuance. The developer and the Town will be required to enter into a development agreement as well.
Pre-grading of Individual Lots
Pre-grading of individual lots is discouraged by the Building Quality Manual in order to maximize the preservation of the natural topography of the land. The lot grading pan provided by the developer complies with this recommendation. Therefore, staff recommends that this requirement be placed in the final ordinance approving the development.
Comprehensive Plan Analysis
The 2015 Comprehensive Plan - Land Use Plan designates the subject property as “CC2-A: Community Commercial/View Shed Zone”. It is important to note that these zones are more character based than use based with the focus of the development’s impact on, and symmetry with, the natural fabric of the Town. The character statement for this zone is quoted from the Land Use Plan as follows:
“Community Commercial 2 (CC2): The Community Commercial 2 District generally lies between the Community Commercial 1 Districts and the Pastoral Community Districts. Therefore, the Community Commercial 2 District is meant to be a land use density transition from highway fronting commercial use to landscape dominated residential use. Therefore, building height and the amount of open land surrounding commercial uses in this area is important. Commercial development of the Community Commercial 2 District is meant to be more “office campus”-like development, wherein the corporate addresses are essentially corporate estates sitting on large, landscaped sites in a manner similar to the Pastoral Community residential patterns. FAR’s in this district will be lower than the .4 to .45:1 embedded in most Planned Development ordinances. FAR’s should be similar to levels of development seen at Fidelity Investments. However, that small segment of the Community Commercial 2 District located in a View Shade Zone can tolerate development that somewhat exceeds currently permitted levels. Further, another portion of the Community Commercial 2 District is located in the high ground of a view terminal. In this case, efforts should be taken to preserve the landform by exporting development density to another Land Use District as identified in the Land Use Plan (CC-1, TC-1 TC-2, or RC). Detention facilities as required for commercial development should be retention ponds located so as to be in the public view. A larger percentage of site open space, building heights not exceeding four stories, natural and drifted landscape, and retention ponds visible to the public view are characteristics of the Community Commercial 2 District. This District is a building height and coverage sending zone. It is encouraged that exportation of building square footage be for the purpose of supporting low FAR’s, more open space or conversion from commercial to transitional residential use (as per the Housing Plan to follow) in areas that abut existing residential zoning.
Based on the last sentence in the above paragraph, as a proposed transitional residential use containing over 40% open space essentially serving as a buffer area between low density pastoral residential and a high-traffic freeway, the proposed development generally complies with the Community Commercial 2 guidelines as stated above.
Report Card and Analysis of development compliance with individual Comprehensive Plan Goals and Objectives
Goal A: Future views from residential areas should present qualities of vista, natural-ness, pastoral/ agricultural character, and sense of openness that exist today.
Report: Preserving the open space corridor along Kirkwood Branch, providing natural areas, and maintaining the natural topography of the land, the development complies with this recommendation.
Goal B: Future development should perpetuate picturesque and pastoral qualities that promote a visual identity associated with rural-ness.
Report: Complies (see above comment)
Goal C: Future development should embody recognizable quality of building and site design as well as maintain an overall balance and continuity between commercial and residential portions of the Town.
Report: The development proposal provides additional transitional housing opportunities for the Town and serves to provide symmetrical balance between the homogenous nature of the Solana campus and housing that is within close proximity and walkable, similar to The Knolls, Granada, and Entrada developments.
Goal D: Future Westlake should continue to be a place where one can live a “slow paced” lifestyle in a quiet, rural like setting.
Report: The connection of the Town trail system, the proximity to a new park, the amount of open space and buffering provided serve to meet this goal.
Goal E: Future Westlake should contain essential scenic, cultural, and architectural features which are a legacy of its rural heritage.
Report: The open space linkage and space provided along with homes that will comply with the Building Quality Manual and provide a distinctiveness as one transitions from the south to the north along Sam School to help to meet this goal.
Goal F: Future Westlake should come together as an overall town form with an identifiable town center, residential areas, and employment areas, tied together by streets, trails, and transitional buffers that maximize resident convenience and protect residential areas from commercial encroachment.
Report: The proposed development meets all aspects of this goal. The pedestrian tie-in to the Solana development will further aid in meeting this goal.
Goal G: Future development should create a greater level of amenity and residential compatibility for the Town.
Report: The proposed development provides additional options for executive housing and compliments the Solana development.
Goal H: Future Westlake should have a coherent trail system (pedestrian and bike trails) that links residential areas to important destinations within the Town.
Report: The development complies.
Goal I: Future Westlake should have a functional roadway network that protects property values and rural character by providing additional road capacity where needed to prevent the encroachment of commercial traffic into residential areas and keeps commercial circulation north of residential areas.
Report: The proposed development will add additional vehicle traffic onto Sam School Road/Peytonville Road. The traffic will dissipate at Dove Road on the south and Solana Blvd. on the north. Terra Bella Drive is a private, gated street. Therefore, no cut-through traffic is anticipated. Solana Boulevard provides the primary traffic access to the Solana development. The development generally complies with this goal.
Goal J: Future Westlake should reduce vehicular trips and promote pedestrian safety/ convenience through the provision of trails, sidewalks, and public transit.
Report: Complies.
Goal K: Future Westlake should have clearly defined residential and commercial areas that reinforce single-family values and neighborhoods as well as distinguished Westlake from other cities and townships in the general region.
Report: As a transitional residential area, similar in character to The Knolls, that will offer easy access to nearby amenities yet be buffered from peripheral impacts, the development complies with this goal.
Goal L: Future Westlake should continue to have an Ad Valorem tax base sufficient to serve future financial needs.
Report: The current ad valorem value of the Solana Plaza, adjacent to the subject property, when proportioned for the identical acreage of the subject property is $84,656,577. The proposed total development value provided by the developer is $141,000,000. Even with a higher cost of service for single family residential, the proposed ad valorem value of the development at build-out is comparable if not greater than for a new commercial development on the subject property.
Goal M: Future Westlake Academy should meet the educational needs of Westlake’s future population with continued high quality educational services and facilities.
Report: Academy impacts may be addressed as part of a mutually entered into economic development agreement.
Goal N: Future Westlake should be an educational center.
Report: N/A
Goal O: Future Westlake should transform future detention needs into a system of distinctive water features and amenities for the Town.
Report: On-site detention will be determined upon a hydrology analysis as part of the civil construction plan submittal.
Goal P: Future Westlake should have sufficient infrastructure and emergency services to assure the continued health and safety of the Town’s full-time and day-time populations.
Report: The proposed development will have minimal impact on existing emergency service capacity and response.
Goal Q: Future Westlake should be a model of water conservation and environmental preservation for the area.
Report: The proposed development will preserve the Kirkwood Branch riparian area and open space corridor and preserve existing tree clusters in designated open space and natural areas.
Goal R: Future Westlake should be a town offering its residents distinctive recreation and park opportunities.
Report: The proposed development will continue the open space corridor shown on the comprehensive plan open space plan, will provide new trails and connectivity to existing trails, and will escrow money for future park improvements to the adjacent, existing town owned park south of Life Time Fitness.
Other Comprehensive Plan recommendations:
Build-out housing units. The comprehensive plan estimates the total build-out population for Westlake at 6,766 people. This is based on a total build-out housing count of 2,376 units. Based upon current residential entitlements allowed by both zoning and the developability of land, there are currently only 2,001 possible housing units at build-out, leaving a current surplus of 375 units based on the stated build-out above. Taking into account the current development proposal, if approved, the above noted surplus would decrease to 316 units. Therefore, the proposal does not impact the projected total build-out of the Town and a transfer of development intensity is not required.
In conclusion, the development generally complies with the recommendations of the comprehensive plan as detailed above.
Planning and Zoning Commission Recommendation
On September 19, 2023, the Planning and Zoning Commission voted (5-0) to recommend approval of this item as presented in this memo.
Summary and Recommendation
The proposed development will result in rezoning the property from a commercial to residential use. Given the tree cover and topography of the property, staff agrees that any commercial development of the property would be difficult to execute without significant alteration of the land to suit the development. Whereas, with residential development, the natural topography can be somewhat maintained with open space preserved in a more natural way. Staff also agrees that a transitional residential use on the property can better compliment the homogenous nature of the Solana development in much the same way that The Knolls, Granada and Entrada have done in providing high-quality, walkable residential developments in transitional areas between the Solana development/SH 114 corridor and the more pastoral areas to the south. The proposal largely complies with the recommendations of the comprehensive plan as noted herein.
Therefore, staff recommends approval subject to the following conditions, which are contained in Ordinance 982:
“Section 1 - General
A. The purpose of PD10 is for a detached single-family residential development of not more than 55 residential lots with a gross maximum density of 1.67 dwelling units per acre.
B. The development authorized by this ordinance shall be generally consistent with all provisions and graphics contained the Concept/Development Plan, attached as Exhibit “C”, the development description, attached as Exhibit “D”. In the event of a conflict between the terms of Exhibit “B” and Exhibits “C” and “D”, the terms of Exhibit “B” shall control.
C. Platting
1. The developer shall submit, and receive approval for, a preliminary site evaluation prior to any land disturbance activities;
2. Prior to any land disturbance activities, the developer shall submit, and record upon approval, a vacate and replat that vacates Lot 1R1-1, Block 2 from the Westlake/Southlake Park Addition Number One;
3. Prior to the final acceptance of public improvements, approval of private streets and release of residential building permits, the developer shall submit, and receive approval for, a final plat, which shall be platted as a single phase.
4. The final plat noted above shall be recorded with the County Clerk prior to the release of any residential building permits.
5. Prior to any land disturbance activities, the developer shall submit a development agreement for final approval by the Town Council per the requirements of the Code of Ordinances.
D. Permitted Uses - The following are permitted principal and accessory uses:
1. Single Family Detached Homes
2. Open Space
3. Private Streets
4. Drainage facilities (including retention and detention ponds)
5. Guard house
6. Accessory Uses (as authorized in the Town’s zoning regulations)
E. Homeowner’s Association - The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area maintenance, amenities, private street maintenance, and enforcing the HOA Design Guidelines for the community. The Homeowner’s Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design.
F. All plans submitted for permit within this development shall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor.
Section 2 - Residential Design Standards
A. Lot and Housing Specifics: The following are the minimum design criteria for each home in the development as categorized below and shown on Exhibit “C”:
1. Type A -Large Lot Homes - 27 units
a. Minimum Lot Size: 10,000 square feet
b. Minimum Lot Width: 80 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Street: 20 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks)
2. Type B - Large Lot SE Homes - 5 units
a. Minimum Lot Size: 10,000 square feet
b. Minimum Lot Width: 80 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 2.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Street: 10 feet - Side Setbacks: 5 feet - Rear Setback: 5 feet (unless otherwise restricted by development setbacks)
3. Type C - Patio Homes - 12 units
a. Minimum Lot Size: 5,000 square feet
b. Minimum Lot Width: 45 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback 3 feet
4. Type D - Townhomes - 11 units
a. Minimum Lot Size: 3,200 square feet
b. Minimum Lot Width: 33 feet
c. Minimum Unit Size: 3,000 square feet
d. Maximum Height: 3.5 Stories above finish floor at the front door, plus roof decks
e. Setback from Alley: 0 feet - *Side Setbacks: 1 foot - Rear Setback: 3 feet (unless otherwise restricted by development setbacks)
5. For any above asterisks (*), Side setbacks may vary on certain lots as long as a minimum of 4’ building separation is maintained.
B. Special Setback Provisions:
1. There shall be a minimum building setback of 125 feet from State Highway 114, and 50 feet from Sam School Road.
C. Garages: All homes shall have a minimum of 2 enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting.
D. Permitted roof materials include:
1. High quality clay or concrete tile
2. Slate or synthetic stone
3. Metal: Traditional standing seam
4. Flat or low-pitched roofing not visible from the street may be of any code approved material.
E. Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual. Exterior wall materials may include Brick, Stone, and/or 3-Coat Stucco.
F. Design Guidelines: Prior to the approval of the final plat, the developer shall submit final design guidelines for approval by the Town Council that shall be recorded with the private deed covenants, conditions and restrictions. Said guidelines shall incorporate the recommendations contained in the Westlake Building Quality Manual referenced above. With the exception of any guideline provision addressing a particular architectural style, said design guidelines shall be enforced by Town staff in reviewing building permit applications for compliance with the provisions above. Guideline provisions to be enforced by staff include, but may not be limited to, general building articulation, massing, fenestration, roof slope, construction details and building materials.
G. Development Entry - The development entry design and materials shall be constructed prior to the acceptance of public improvements and shall be generally consistent with Exhibit “D”.
Section 3 - Landscaping, Open Space, Water Features, Tree Preservation and Parkland
Dedication
A. Landscaping: Not later than the application for the final plan, the developer shall submit a master landscape plan for the development prepared by a State of Texas registered landscape architect. Said plan shall be reviewed for final approval by the Town Manager or their designee. The following landscaping requirements shall be met:
1. Landscape beds (including gravel mulch) shall be located along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five feet.
2. A minimum of one (1), 3.5-inch caliper tree shall be planted per 30 linear feet of roadway, one (1) on each side of the street, from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement.
3. At the time of building permit issuance, each lot shall plant at least two (2) 3.5-inch caliper trees from an approved hardwood tree list. Existing trees may be counted to satisfy this requirement.
B. Tree Preservation - All protected trees shall require mitigation upon damage or removal as required by the Code of Ordinances. Where possible, old growth trees and tree clusters should be preserved as identified in the master landscape plan. The following areas are hereby exempt from the requirements for tree mitigation:
1. Roadways and trails
2. The residential building envelope
3. The designated driveway area
4. The side yard setback (except on the street facing side of corner lots)
5. An area of no more than five feet into the rear yard setback
C. Open Space
1. A minimum of 14.66 acres (44.66%) of the development shall be reserved as open space. All open space, including public and private, shall be substantially consistent with Exhibit “C” and “D” and other provisions contained herein.
2. Open space landscape buffers shall be a minimum of 125 feet in width from SH 114 and 50 feet from Sam School Road.
3. All existing protected trees shall remain in place in open space areas adjacent to SH 114, Sam School Road and within the floodplain. Not including roof-tops, open space areas adjacent to roadways must contain sufficient landscaping to sufficiently screen the view of all homes in the development from said roadway. As shown on the required landscape plan noted above, landscaping should include a mix of deciduous and non-deciduous vegetation. The developer shall ensure said landscaping is in place prior to the release for building permits in the development and said landscaping shall be maintained by the HOA.
D. Parkland Dedication - In lieu of any parkland dedication, the developer shall pay a parkland dedication fee as required by the Code of Ordinances. The fee amount and any other conditions related to this requirement shall be determined as part of the development and/or economic development agreement between the Town and the developer.
Section 4 - Fencing
A. Fencing shall be consistent with details contained in the Exhibit “D”. However, where a conflict exists between Exhibit “D” and the Building Quality Manual or Code of Ordinances, The Building Quality Manual and Code of Ordinances shall control.
Section 5 - Streets, sidewalks/trails, parking, access and other improvements
A. Streets - A Specific Use Permit (SUP) is hereby granted for all community streets within PD10, which shall be private and constructed to Town standards. All outdoor lighting shall comply with the Town’s outdoor lighting requirements.
B. Sam School Road - Where San School Road is currently unimproved adjacent to the subject property, the developer shall pay the Town their proportionate cost to improve the road to current standards which shall be paid into escrow for future improvements to Sam School Road. The terms of this requirement may be further amended and altered as part of the development agreement.
C. Sidewalks and Trails - Internal sidewalks shall be built along internal streets as shown on Exhibit “C”. The developer shall construct a minimum eight (8) foot public trail along Kirkwood Branch between Sam School Road and the internal trail connection that will potentially link to a bridge connecting the development to the Solana development as depicted on Exhibit “C”.
D. A minimum five (5) foot sidewalk shall be constructed along Sam School Road adjacent to the development prior to final acceptance.
E. Parking - Guest parking shall be provided as shown on Exhibit “C”.
F. Entry Gates and Access - Gates shall be decorative and the main entry from Sam School Road shall contain two paved access roads, one on each side of the guard house as shown in Exhibit “D”. Minimum roadway width at the gate shall be 24 feet for each side.
G. Pedestrian bridge over Marshall Branch Creek - A pedestrian bridge is hereby authorized to be constructed over Marshall Branch Creek linking the public trail and the private development trail to the Solana development as depicted in Exhibit “C” subject to floodway/floodplain requirements and engineering approvals. Further details on construction of the bridge, funding, access rights and feasibility may be contained in the development agreement.
H. Entry marker on Sam School Road - An easement shall be shown on the final plat allowing for the future placement of an entry marker on the north bound side of Sam School Road adjacent to the subject property. The final location of the easement shall be included in the development agreement.
Section 6 - Utilities, Drainage and Grading
A. Public Utilities - Water and sewer service shall be provided by the Town of Westlake to this development. The developer shall, at their cost, construct all necessary water and sewer system improvements per Town standards and shall secure any necessary easements.
B. Duct Bank - A Duct Bank system shall be installed by the Developer throughout the subdivision as required by Town ordinances. The Duct Bank shall be located within a utility easement, the final details of which shall be determined by the Town Manager or designee. The home builder shall tie into the Duct Bank prior to the Final Inspection for the home.
C. Stormwater - Stormwater facilities shall be installed by the developer and employ facilities that are recommended by the comprehensive plan. Final location and design of said facilities shall require the final approval of the Town Manager or designee.
D. Lot Grading - Grading and disturbance of land by the developer should be limited to areas necessary to construct public improvements. The pre-grading of individual residential lots by the developer for the purpose of creating a residential pad is discouraged. Given the extreme slope of the property, allowances for pre-grading shall be detailed in the development agreement and design guidelines.”
Town Council Action Options
The Town Council has the following options regarding action this item:
• Approve Ordinance 982 as written
• Approve Ordinance 982 with modifications or additional condition(s)
• Table the item to a specific date with clarification of intent and purpose
• Send the item back to the Planning and Zoning Commission with recommended modifications
• Deny Ordinance 982 (with or without prejudice)
Attachments
1. Location Map
2. Zoning Map
3. Future Land Use Map
4. Westlake Subdivision Comparison Table
5. Proposed Concept/Development Plan
6. Development Narrative and Exhibits Provided by Developer
7. Ordinance 982