[E.1. 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)]

321. HOLD A 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 SEVEN PLAN DEVELOPMENT REGULATIONS.

DIVISION TWO PLAN DEVELOPMENT DISTRICT PROCEDURES.

SECTION 100 AND 2-269 AMENDMENT OF PLANS MODIFYING POSITIONS 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.

STAFF, DO WE HAVE A PRESENTATION?

[00:05:14]

HAD TO MAKE A QUICK MIC ADJUSTMENT.

THERE WE GO. NEXT SLIDE PLEASE.

AND SO AGAIN THE PROPOSED TEXT AMENDMENTS THEY WOULD ALLOW THE TOWN MANAGER TO DELEGATE THAT AUTHORITY TO THE TOWN PLANNER WHICH WOULD IMPROVE FLEXIBILITY WITH REGARDS TO SITE PLAN REVIEW AND APPROVAL.

IT SHOULD BE NOTED THAT THE REDUCTION IN THE BUILDING SETBACKS.

IF THIS ORDINANCE AMENDMENT IS RECOMMENDED FOR APPROVAL BY THE PLANNING AND ZONING COMMISSION AND APPROVED BY TOWN COUNCIL, IT WILL NOT CHANGE DENSITY. DENSITY IS STILL A CONSIDERATION THAT WILL HAVE TO COME BACK THROUGH THE PUBLIC HEARING PROCESS.

SO AGAIN, ONLY LOOKING AT A REDUCTION IN BUILDING SETBACKS.

AND WITH THAT, THE DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDS APPROVAL AS PRESENTED AND THE ACTIONS OPTIONS ARE AVAILABLE TO YOU AS A BODY. AND I'LL PAUSE THERE TO ANSWER ANY QUESTIONS THAT YOU MAY HAVE.

ANY QUESTIONS? IT SOUNDS LIKE IT'S, IS THIS TYPICAL IN YOUR PREVIOUS EXPERIENCE IN OTHER AREAS AS WELL TO ALLOW FOR THIS? IT SEEMS REASONABLE. I DON'T KNOW IF THERE'S ANY DOWNSIDE.

YES, MA'AM. IT IS.

AND SOMETIMES YOU WILL ALSO SEE BUILDING HEIGHT.

BUT I THINK THAT WITH THE NATURE OF THE DEVELOPMENT PATTERNS HERE, PROBABLY WILL WANT TO HAVE THAT COME BACK THROUGH THE PUBLIC HEARING PROCESS, BUILDING HEIGHT.

ANY OTHER QUESTIONS? OKAY. I'M GOING TO OPEN A PUBLIC HEARING.

AT THIS TIME, I OPEN THE PUBLIC HEARING.

IS THERE ANYONE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? NOBODY PRESENT.

I'LL CLOSE THE PUBLIC HEARING.

ANY ANY OTHER QUESTIONS OR COMMENTS? IF NOT, CAN I HAVE A MOTION TO APPROVE? MOTION TO APPROVE.

A SECOND. SECOND.

ALL IN FAVOR? AYE.

ALL OPPOSED? NONE OPPOSED.

MOTION CARRIES.

MOVING ON TO ITEM E 224.

[E.2. 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 V, “Parking and Loading”, Section 102-153, “General Provisions”, Modifying Regulations Relating to Paving Materials and Providing New Regulations for Temporary Parking; 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)]

DASH 322.

HOLD A PUBLIC HEARING.

DISCUSS. CONSIDER AN ACT TO MAKE A RECOMMENDATION TO TOWN COUNCIL REGARDING AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 102, ZONING, ARTICLE FIVE PARKING AND LOADING.

SECTION 102-153, GENERAL PROVISIONS MODIFYING REGULATIONS RELATING TO PAVING MATERIALS AND PROVIDING NEW REGULATIONS FOR TEMPORARY PARKING.

PROVIDING A PENALTY.

PROVIDING A CUMULATIVE CLAUSE, PROVIDING A SEVERABILITY CLAUSE, PROVIDING A SAVINGS CLAUSE AUTHORIZING PUBLICATION AND ESTABLISHING AN EFFECTIVE DATE. JASON, DO WE HAVE A PRESENTATION? YES, MR. CHAIR.

SO THE PURPOSE OF THIS PROPOSED AMENDMENT IS TO ADD ADDITIONAL PROVISIONS INTO THE UNIFIED DEVELOPMENT CODE DEALING WITH PAVING MATERIALS FOR TEMPORARY PARKING.

THE CURRENT PROVISIONS IN THE UNIFIED DEVELOPMENT CODE DO NOT CONTEMPLATE TEMPORARY PARKING.

SO THIS PROPOSED AMENDMENT WOULD ADDRESS THAT BY ALLOWING ASPHALT TO BE USED AS A POTENTIAL MATERIAL FOR TEMPORARY PARKING, AS WELL AS TO ADD NEW AMENDMENTS, OR I SHOULD SAY, NEW PROVISIONS TO THIS SECTION, WHICH WOULD BE SECTION 102 153 F THAT WOULD ALSO DEAL WITH THE TIMING IN TERMS OF HOW LONG TEMPORARY PARKING MAY LAST, ENSURING THAT WHEN THE TEMPORARY PARKING IS REMOVED, THAT THE AREA THAT WAS DISTURBED IS RETURNED TO ITS NATURAL OR VEGETATIVE STATE, AND ENSURING THAT THERE ARE PROVISIONS IN PLACE WHERE TEMPORARY PARKING AREAS ARE IN COMPLIANCE WITH APPLICABLE FIRE EROSION AND OTHER ENGINEERING REGULATIONS, PARTICULARLY WITH RESPECT TO GRADING.

ONE OF THE THINGS THAT THE DEPARTMENT OF PLANNING AND DEVELOPMENT WANTED TO PROVIDE AS PART OF THIS TEXT AMENDMENT WAS THE ABILITY TO AUTHORIZE TEMPORARY PARKING TO EXIST FOR UP TO THREE YEARS, BUT AFTER THAT IT WOULD NEED TO GO BEFORE TOWN COUNCIL.

WHAT WE DIDN'T WANT TO SEE AS A DEPARTMENT WAS TEMPORARY PARKING BECOME PERMANENT PARKING WITHOUT THE CORRECT OR THE APPROPRIATE APPROVALS. SO BECAUSE OF THE FACT THAT THERE ARE SITE PLANS REQUIRED FOR PARKING AREAS, THAT WOULD ALSO BE REQUIRED FOR TEMPORARY PARKING, AND IT WILL ALSO ENSURE THAT WE HAVE PROVISIONS IN PLACE AND JUST SOME EXAMPLES OF PARKING IN THE TOWN OF WESTLAKE. SO HERE IS ACTUALLY THE PARKING OUT FRONT OF TOWN HALL, AND YOU CAN SEE BRICK PAVERS AND THE SAME THERE IN

[00:10:06]

ENTRADA. AND AGAIN, THAT ASPHALT WOULD BE A PERMISSIBLE MATERIAL AND TEMPORARY PARKING AREAS.

THE SITE PLAN THAT I REFERENCED EARLIER THAT IT WOULD BE REQUIRED PURSUANT TO SECTION 102 314, AND THAT DEALS WITH NON PD SITE PLAN APPROVALS.

THAT TEMPORARY PARKING AREAS AGAIN MUST COMPLY WITH THE APPLICABLE CODES AND ORDINANCES.

DISTURBED AREAS BE RESTORED AND LIMITED TO ONE YEAR WITHOUT TOWN COUNCIL APPROVAL AND THAT BEING A MAXIMUM OF THREE YEARS.

AND WITH THAT, THE DEPARTMENT OF PLANNING AND DEVELOPMENT RECOMMENDS APPROVAL AS PRESENTED.

THE OPTIONS ARE AVAILABLE TO YOU AS WELL AS THE ACTIONS, AND I'LL PAUSE HERE TO ANSWER ANY QUESTIONS YOU MAY HAVE.

ANY QUESTIONS? NO. OKAY.

THANK YOU. THIS TIME I'LL OPEN A PUBLIC HEARING.

IS THERE ANYONE THAT WISHES TO SPEAK FOR OR AGAINST THIS ITEM? NO COMMENTS HEARD.

I NOW CLOSE THE PUBLIC HEARING.

CAN I GET A MOTION TO APPROVE? CAN I GET A SECOND? ALL IN FAVOR? AYE. AYE. AYE.

ALL OPPOSED? NONE OPPOSED. MOTION CARRIES.

UNANIMOUS. OKAY.

ITEM F124329.

[F.1. Discuss, consider, and act to make a recommendation to the Town Council regarding a request from Bernal Homes, Inc. to deviate from certain building aesthetic, design, and material standards contained within the Entrada Design Guidelines (Deputy Town Manager Jason Alexander, AICP, CEcD)]

DISCUSS. CONSIDER AN ACT TO MAKE A RECOMMENDATION TO THE TOWN COUNCIL REGARDING A REQUEST FROM BERNAL HOMES TO DEVIATE FROM CERTAIN BUILDING, ESTHETIC DESIGN AND MATERIAL STANDARDS CONTAINED WITHIN THE ENTRADA DESIGN GUIDELINES.

JASON, DO WE HAVE A PRESENTATION? HAVE A SHORT ONE.

MR. CHAIR AND PLANNING AND ZONING COMMISSION ON THIS ITEM, AND THE APPLICANT IS HERE TO SPEAK ON IT AS WELL.

SO THIS IS A REQUEST TO DEVIATE FROM THE MATERIAL REQUIREMENTS IN THE ENTRADA PLAN DEVELOPMENT DISTRICT DESIGN GUIDELINES. JUST SHOWING AN AERIAL OF THE PROJECT.

HERE IS A PHOTOGRAPH OF THE SITE.

AND YOU CAN SEE IN THE PHOTOGRAPH HOW THE STONE WORK.

AND THE ORDINANCES THAT ARE REALLY PROVIDING THE DEVELOPMENT STANDARDS FOR ENTRADA ARE ORDINANCE NUMBER 703 THAT DEALS WITH THE ACTUAL ZONING AND ORDINANCE NUMBER 760 ARE THE DESIGN GUIDELINES.

AND AGAIN, THIS REQUEST IS TO DEVIATE FROM THE EXTERIOR FINISH MATERIAL REQUIREMENTS BECAUSE OF COURSING AND PATTERNING FOR THIS PARTICULAR PROJECT. AND IT DOES CREATE SOME STRUCTURAL CONCERNS BECAUSE THE THINLY CUT STONE THAT IS PERMISSIBLE BY THE ENTRADA DESIGN GUIDELINES IS NOT STRUCTURALLY SOUND ENOUGH TO SUPPORT THE HEAVIER MATERIALS, SUCH AS STONE, CAST STONE OR SIMILAR, AND WITHIN THE APPLICATION, REQUESTING A DEVIATION.

THE STRUCTURAL ENGINEER OF RECORD DID STATE THAT THE STRUCTURE IS NOT SUITABLE TO SUPPORT CAST STONE BLOCK VENEER, AND THAT SHOULD BE RELEGATED TO THE STRUCTURE ABOVE THE SECOND STORY.

AND THE DEVELOPER DID ENTER INTO A DEVELOPMENT AGREEMENT WITH THE TOWN ON JANUARY 27TH, 2020 BY RESOLUTION NUMBER 20 ZERO FOUR, WHICH IS A SITE DEVELOPMENT AGREEMENT THAT THE PROJECT WILL COMPLY WITH THE DEVELOPMENT REQUIREMENTS, INCLUDING ARCHITECTURAL DESIGN AND BUILDING MATERIAL PROVISIONS AND ORDINANCE NUMBER 703.

AND AGAIN, BECAUSE OF THE FACT THAT THE STONE IS NOT LOAD BEARING, THAT DOES INHIBIT THE ABILITY OF HEAVIER MATERIAL FOR SILLS, LINTELS AND BALCONIES. AND THE DEPARTMENT OF PLANNING AND DEVELOPMENT DOES RECOMMEND APPROVAL.

THE ACTIONS AND OPTIONS ARE AVAILABLE TO YOU, MR. CHAIR. PLANNING AND ZONING COMMISSION, IF I MAY, AS THE APPLICANT IS IN THE AUDIENCE, YIELD THE PODIUM TO THEM IF THEY DESIRE TO SPEAK ON THIS ITEM.