TOWN STAFF REPORT RECOMMENDATIONS
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Hold public hearing, discuss, consider and act to recommend to the Town Council to adopt Ordinance 1024 amending Chapter 102, entitled “Zoning”, and establishing Article IX, entitled “TC, Town Center Form-Based Development District”, providing new regulations and rules for development within the Town of Westlake, Texas; providing a penalty; providing a cumulative clause; providing a severability clause; providing a savings clause; authorizing publication; and establishing an effective date (Jason Alexander, AICP, CEcD, Deputy Town Manager).
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STAFF: Jason Alexander, AICP, CEcD, Deputy Town Manager
BACKGROUND:
The recently adopted Strategic Plan identifies the creation of a mixed-use zoning district as a priority to accelerate and to sustain the economic development efforts within the Town of Westlake.
The recently adopted Strategic Plan also stresses that, as the Town of Westlake “considers future land use and development, it must balance economic ambitions and the need for increased revenue with preserving its distinctive character, all while considering growth that is strategically located and of high quality.”
Accordingly, the proposed TC, Town Cetner Form-Based Development District intends to “provide predictable building regulations and building rules that support the development and the redevelopment of urban space in the Town of Westlake that is attractive; that is walkable; and that provides an appropriate mix of residential experiences, commercial experiences, and civic experiences all in close proximity to each other leading to comfortable and pedestrian-friendly neighborhoods.”
The proposed building regulations and building rules that are contained within the TC, Town Center Form-Based Development District intend to deliver market-driven and market-responsive development patterns that are consistent with the values and expectations for growth within the Town of Westlake while achieving the economic development goals that are articulated in the Strategic Plan.
DISCUSSION:
A mixed-use zoning district, the TC, Town Center Form-Based Development District is further divided into three town center zones --- to encourage residential experiences, commercial experiences, and civic experiences that are not only in adjacency to each other --- but that may also co-exist in proximity to existing development patterns:
• Town center edge zones (i.e., primarily detached single-family residential).
• Town center core zones (i.e., mixed-use activity).
• Town center civic zones (i.e., institutional and public activity)
In addition to the three town center zones --- a building height waiver overlay district --- is also proposed and it may only be applied to property mapped to the town center core zones that are located within 660 feet of State Highway 114 and / or State Highway 170. Within the building height waiver overlay district, all principal buildings are required to be a minimum of four stories in building height, with no limitation on height, and multi-family residential units are allowed as an additional permitted use. The only principal buildings within the building height waiver overlay district that may be less than four stories in building height are those principal buildings accommodating a food service establishment or retail business.
Concerning multi-family residential units --- too --- the total allocation allowance for the entire form-based development district is 400. This limitation may not be increased or decreased without a public hearing (i.e., text amendment) in accordance with the provisions found in the Unified Development Code. Furthermore, multi-family residential units are only allowed within the building height waiver overlay district, they may not be located anywhere else within the town center core zones and multi-family residential units are not allowed within the town center edge zones and within the town center civic zones.
It should also be noted, too, that multi-family residential units are not permitted on the first floors of any principal buildings --- and are only permitted in mixed-use buildings. The required parking for multi-family residential buildings must be in a dedicated parking structure.
As a form-based development district --- the TC, Town Center Form-Based Development District --- primarily directs development (and redevelopment in the future) by regulating building frontages and building functions. The building frontages are the elements of the front setback and along the front building façade that regulate how buildings engage and interact with the public realm and the semi-public realm to “support walkability, safe streets, and safe public spaces”. The building functions --- or land use --- are then influenced by the building frontages based on their design.
The five building frontages (and their usual locations) are as follows:
• Dooryard (residential).
• Stoop (residential).
• Forecourt (residential, commercial, and mixed-use).
• Shopfront (commercial) and mixed-use).
• Arcade (commercial and mixed-use).
The building frontages are further regulated by the provisions for building materials and building configurations and those for landscaping (e.g., architecture and landscape architecture). The provisions for building materials and building configurations and those for landscaping are primarily derived from practices and techniques that are local to the Town of Westlake.
In addition to the general provisions for building materials and building configurations for all buildings --- there are additional requirements for shopfront building frontages along the first floor. Those specific provisions may only be modified with approval by the Town Council. These specific requirements are intended to establish a distinct design aesthetic and architecture for commercial and mixed-use development within the TC, Town Center Form-Based Development District.
Parking requirements are determined by the use of the building and its lot --- and valet parking programs and shared parking studies subject to review and approval by the Town Planner may be prepared and submitted. As parking requirements are determined by the use of the building and its lot, there are no limitations on residential density or non-residential intensity.
However, though, residential uses require a minimum habitable space (e.g., 4,000 square feet for single-family residential attached and detached units and 1,500 square feet for multi-family residential units). Each single-family residential attached and detached unit must be on an individual lot.
Outside of the requirements for the building height waiver overlay district, the maximum building height is as follows:
• Principal buildings within the town center edge zones are limited to two stories in height.
• Principal buildings within the town center core zones and within the town center civic zones are limited to four stories height.
• Outbuildings are limited to two stories in height, and outbuildings may not be taller than the principal building located on the same lot.
However, there are considerations included for allowing the Town Planner to require proposed buildings to match the building setbacks and / or the building heights of the adjacent buildings rather than the provisions of the TC, Town Center Form-Based Development District in order to ensure compatibility with existing development patterns.
There are also specific standards for signage --- and those have been provided to minimize the potential for clutter and to ensure that signs are visually compatible with other signs and businesses in the Town of Westlake.
With regulating the form of buildings as the greatest priority for the TC, Town Center Form-Based Development District, the form-based development district guides development at both the neighborhood scale and the building scale. Projects proposed on three or more acres of land require a master plan --- a regulating plan --- in addition to the site plans and civil plans required for the individual buildings. The regulating plan --- requires review and recommendation from the Planning and Zoning Commission --- and approval by the Town Council. A development agreement is required for all development projects pursuant to the proposed TC, Town Center Form-Based Development District.
Excluding the regulating plan, all site plan and civil plan submittals are reviewed and approved administratively. This is due in large to the building regulations and building rules intentionally articulating the requirements for development (and redevelopment in the future) within the boundaries of the proposed TC, Town Center Form-Based Development District. The building regulations and building rules range from deterministic (i.e., “shall”) to permissive (i.e., “may”).
Finally, a property owner or a developer may request to deviate from specific standards of the TC, Town Center Form-Based Development District upon making a request to the Town Planner and a property owner or a developer may appeal any decision of the Town Planner to the Town Council. The Town Planner does not have the administrative authority “to modify, or to make adjustments to the numerical metrics of this form-based development district in the following ways”:
• To increase maximum density ratios.
• To increase maximum building height.
• To increase maximum building setbacks.
• To decrease the minimum habitable area for residential uses.
• To specify new uses or to restrict listed uses.
• To modify the maximum allocation allowances for multi-family residential units.
The proposed text amendment establishing the TC, Town Center Form-Based Development District supports and reinforces the vision and the goals of the Strategic Plan.
FISCAL IMPACT:
N/A.
PLANNING AND ZONING COMMISSION RECOMMENDATION:
The Planning and Zoning Commission met on June 11, 2025, and reviewed, considered, and provided a recommendation on the proposed text amendment establishing the TC, Town Center Form-Based Development District (i.e., Ordinance 1024). The Planning and Zoning Commission recommended approval with the following revisions by a vote of 6-0 (with one absence):
1. That “Town Planner” be replaced with “Town Manager or their designee” throughout the text; AND
2. That Section 102-412(G)(7)(ii) be revised to reflect the following language and to read as follows: “Multi-family residential units are expressly restricted to those mixed-use buildings that are at locations within the building height waiver overlay district. The first floor shall be confined to a commercial building function or to commercial building functions for a minimum depth of 40 feet. Parking may be located behind the building area allocated to the commercial building function or to the commercial building functions.
DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDATION:
The Department of Planning and Development recommends approval of the text amendment establishing the TC, Town Center Form-Based Development District as presented.
PLANNING AND ZONING COMMISSION ACTION / OPTIONS:
1) Motion to approve;
2) Motion to approve with additional conditions (please state additional conditions in motion);
3) Motion to deny; OR
4) Motion to table (must table to a specific date).
ATTACHMENT(S):
1. Ordinance No. 1024
2. EXHIBIT “A” - TC, Town Center Form-Based Development District