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 Ordi...
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