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File #: ORD-994    Version: 1 Name:
Type: Ordinance Status: Agenda Ready
File created: 3/19/2024 In control: Town Council/Board of Trustees
On agenda: 4/1/2024 Final action: 4/1/2024
Title: Conduct a public hearing and consider approving Ordinance 994 approving amendments to Ordinance 959 conditions, and approving a development plan for a portion of Lot 2R1, Block 1, Westlake/Southlake Park Addition Number One; and take appropriate action (Ron Ruthven, Planning and Development Director)
Attachments: 1. Location Map, 2. Developer Plan and Exhibits Provided by Developer, 3. Ordinance 959, 4. Ordinance 994, 5. Ordinance 994 - Exhibit B
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TOWN STAFF REPORT RECCOMENDATIONS

 

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Conduct a public hearing and consider approving Ordinance 994 approving amendments to Ordinance 959 conditions, and approving a development plan for a portion of Lot 2R1, Block 1, Westlake/Southlake Park Addition Number One; and take appropriate action (Ron Ruthven, Planning and Development Director)

 

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STAFF: Ron Ruthven, Planning and Development Director

 

Executive Summary

The property owner, Entrada Villa Partners, LLC, is requesting to amend the current zoning regulations that govern the subject property in order to develop 15.2 acres of the 23.2 acre subject property for 51 single family detached residential units.  As part of the amendment, the developer proposes to alter the required design standards for the development from the Entrada design standards to a more modern and contemporary design that is more similar in character to The Knolls development (located south of the subject property across Solana Blvd.).  While the development would remain within the Entrada PD zoning district, it would not be connected to the Entrada street network and would be gated with private streets.  In order to approve the development proposal, amendments to the ordinance approving the zoning of the subject property and to the Entrada development plan are required.

 

Existing Conditions and HISTORY

The subject property is currently zoned PD1-2 [Entrada PD] and is platted as Lot 2R1, Block 1, Westlake/Southlake Park Addition Number One.  The property plat was approved in 2009 as part of the construction of The Terrace parking lot, which covers a portion of the property. 

 

The southern two-thirds of the property is undeveloped while the northern one-third of the property is developed as a parking lot that serves The Terraces office development in the larger Solana development.  The parking lot is overlayed by a parking easement that guarantees parking rights to The Terraces property owner, which is currently Glenstar Properties.  The proposed development would be located on the southern two-thirds of the property on 15.2 acres.

 

In 2022, the subject property was rezoned by Ordinance 959 (attached).  The rezoning had the effect of transferring the property from the Solana PD zoning district (PD1-1), to the Entrada PD zoning district (PD1-2).  The transfer was conditioned upon moving Entrada residential entitlements away from the undeveloped portion of Entrada along SH 114 to the subject property, with future residential development on the subject property required to meet the Entrada design/development requirements - to be shown on a future site plan submittal.

 

Current/Proposed Zoning Conditions

 

As mentioned, Ordinance 959, approved on December 5, 2022, contains the current zoning conditions for the subject property.  The following is a mark-up of potential amendments to Ordinance 959 conditions per discussions with the applicant as their desire to deviate from the Entrada design guidelines:

 

“A.                      The land depicted on Exhibit "A” and any subsequent development and/or redevelopment, shall conform to the provisions of Ordinance 760 (Entrada Design Guidelines).

 

[Explanation: the applicant wishes to allow for more design flexibility with the homes and streets]

 

B.                      The development plan is hereby amended to incorporate the area labeled as ''Area One" Exhibit "B" for future single family and commercial uses subject to the approval of a site plan for "Area One" non-residential uses by the Town Council upon the recommendation of the Planning and Zoning Commission. Upon submission of said site plan, a development plan amendment shall also be submitted that conforms to the site plan. The configuration of lots and streets as depicted in "Area One'' in Exhibit "B" is shown for informational purposes only. The final configuration of lots, streets, land uses, building massing, etc. shall be determined upon the consideration of the site plan for "Area One".

 

[Explanation: with the development no longer required to comply with the Entrada design guidelines and Entrada development standards, the need to utilize the existing Entrada approval paradigm no longer exists]

 

C.                      The development plan is hereby amended removing all residential uses from the phase two portion of the development plan, labeled as "Area Two" on Exhibit "B".

 

D.                      All commercial uses in "Area One" existing as of the date of this ordinance are hereby considered to be legal conforming uses. However, any change in use, expansion or significant alteration, as determined by the town manager or designee, shall require the approval of a site plan amendment.

 

E.                      Upon submission of the site plan for "Area One", a paved roadway connection from the "Area One" to Cortes Drive shall be indicated on the site plan with further conditions on the construction of the roadway connection included with the site plan approval.

 

[Explanation: the parking lot connection to Cortes is no longer recommended given the uncertainty of future land uses on undeveloped properties along Cortes.]

 

F.                     No final plat for any residential lots in "Area One" shall be recorded and no residential building permits shall be issued until the following requirements are met:

 

(1)                      There are sufficient substantially complete non-residential buildings constructed in the development per the terms of Entrada zoning regulations;

 

(2)                      A development agreement and/or economic development agreement is approved by the developer and the Town Council that, at a minimum, incorporates the "Area One" property into the existing Entrada approved agreements, as amended.

 

(3)                      The traffic signal at Cortes Drive and Solana Blvd. is constructed per the terms of the Entrada development agreement and is operational as determined by the town manager or designee;

 

(4)                      These terms may be modified or amended as part of the required site plan approval for "Area One" and/or through an development agreement amendment.”

 

[Explanation: it has been determined that a TIA is not needed given the main entrance location on Solana Blvd. and traffic signal is not warranted at this time at Cortes and Solana Blvd.]

 

Ordinance 959 - Exhibit “B”

 

As proposed, the above amendments would exempt the single-family residential portions of the subject property from the Entrada design and performance requirements, but the subject property would remain within the Entrada PD district with the proposed 51 residential units counting toward the 322 entitled residential units within Entrada.

 

Development Details

The development, Westlake Catalon, would include up to 51 single family detached homes.  The streets in the development are proposed to be private with two points of access: the main entrance from Solana Blvd. and an emergency only access from the existing Terrace parking lot.

 

The design of the homes would include a blend of modern and contemporary designs similar to The Knolls development.

 

Proposed Home and Lot Specifications

 

Minimum Size: All residences shall be a minimum of 3,600 sf of air-conditioned living space.

 

Massing: To Follow either the established Entrada Design Guidelines or as amended for this phase of development only.

 

Building Height: To Follow either the established Entrada Design Guidelines or as amended for this phase of development only.

 

Building Setbacks: To Follow either the established Entrada Design Guidelines or as amended for this phase of development only.

 

Garages: To Follow either the established Entrada Design Guidelines or as amended for this phase of development only.

 

Roofs: Roofing materials where visible shall be limited to concrete or clay tile, slate, or standing seam metal.

 

Exterior Walls: Exterior walls shall have horizontal and vertical articulation or architectural delineation on all elevations.

 

Fences: All homes may have lot line fences comprised of metal picket. Only privacy fences comprised of metal picket shall be permitted on interior side lot lines to provide privacy to outdoor patio and pool areas.

 

Exterior Lighting: All exterior lighting shall be subdued, indirect, and comply with Town ordinances as well as follow Dark Skies Design Guidelines.

 

Development Layout and Design

The description below breaks down the overall development design.

 

Landscaping

 

Development landscaping will meet either the Entrada landscaping requirements, or the requirements contained with the Code of Ordinances.

 

Open Space and Parkland Dedication

 

Open Space.  A minimum of 20% open space is required per both the Entrada regulations and the Code of Ordinances.

 

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 main entrance will be from Solana Blvd. with a secondary, emergency access entrance from The Terrace parking lot.

 

Utilities and Drainage

Water utilities must be provided by the Town of Westlake and drainage shall meet the requirements of the Code of Ordinances.

 

Platting and Development Agreement

The existing plat for the subject property must be vacated, after which a final plat must be submitted for the new development.

 

Summary and Recommendation

Should the development request be approved, staff recommends that the following conditions be adopted, which are contained within Ordinance 994:

 

A.                     Not more than 51 single family detached residential units may be developed on the subject property

 

B.                     The residential development authorized herein shall be generally consistent with the Development Plan, attached as Exhibit “A”.

 

C.                     The residential development authorized herein shall adhere to the design guidelines, Attached as Exhibit “B”. 

 

D.                     In the event of a conflict between the requirements of this Ordinance, and Ordinance 703, as amended, Ordinance 720, as amended, or the Code of Ordinances, the provisions of this Ordinance shall control.  Where there are no conflicts, then Ordinance 703, as amended, Ordinance 720, as amended, shall control.  Otherwise, the provisions in the Code of Ordinances shall control.

 

E.                     In the event of any conflict between the provisions contained in Sections 2 and 3 of this Ordinance and Exhibits “A” and “B” attached hereto, the provisions of Sections 2 and 3 shall control.

 

F.                     The existing subdivision shall be vacated from the Westlake/Southlake Park Addition Number One prior to the submission of the final plat;

 

G.                     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.

 

H.                     Prior to the issuance of a notice to proceed, the developer shall submit a development agreement for final approval by the Town Council per the requirements of the Code of Ordinances.

 

I.                     The final plat noted above shall be recorded with the County Clerk prior to the release of any residential building permits.

 

J.                     Design Guidelines:  Prior to the submission of the final plat, the developer shall submit final design guidelines for final 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.  The design guidelines shall be approved as an amendment to this Ordinance.

 

K.                     Landscaping:  Not later than the application for the final plat, 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 plan shall demonstrate compliance with the Town’s open space requirements, the Entrada landscape requirements, and Code of Ordinances where applicable.  The landscape plan shall be approved as an amendment to this Ordinance.

 

L.                     A Specific Use Permit (SUP) is hereby granted for all residential streets within the development, which shall be private and constructed to Town standards.  All outdoor lighting shall comply with the Town’s outdoor lighting requirements.

 

M.                     There shall be no vehicular access from this development, including any residential lot, to the existing private commercial driveway linking Solana Blvd. to the Terrace parking lot, or to any parking lots used for non-residential purposes.  On the final plat, a non-access easement shall be located on lots adjacent to said driveway and parking lots along any common boundaries.

 

N.                     The primary entrance into the development shall be from Solana Blvd as shown on Exhibit “A”.  Any secondary entrance shall be for emergency access only.  All gates shall be composed of decorative metal and the gated entryway shall be meet the requirements for gated entrances in the Code of Ordinances.  Any guard houses shall comply with the approved design guidelines as noted herein. Entryway details, including gates, structures, and landscaping shall be included on the required landscape plans noted herein.

 

O.                     No internal sidewalks are required.  Prior to the acceptance of public improvements, a trail shall be constructed by the developer along Solana Blvd. adjacent to the development that links to the existing trail in Entrada.  The trail shall be of similar width and orientation and shall be included in the required landscape plan.

 

P.                     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.

 

Q.                     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.

 

R.                     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.

 

S.                     Grading - Early grading may only be permitted through the approval of an agreement between the developer and the Town that addresses, at a minimum, timing, performance, liability and indemnification.  The town manager is hereby authorized to approve and execute any such agreement allowing for early grading on the part of the Town.  In the absence of any such agreement, all grading shall comply with the requirements in the Code of Ordinances.

 

Town Council Action Options

The Town Council has the following options regarding action this item:

                     Approve Ordinance 994 as written

                     Approve Ordinance 994 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 994 (with or without prejudice)

 

Attachments

 

1.                     Location Map

2.                     Proposed Development Plan and Exhibits Provided by Developer

3.                     Ordinance 959

4.                     Ordinance 994

5.                     Ordinance 994 - Exhibit B