The property is subject to Ordinances 06-09-12-A and 07-01-09-A , which established the zoning for the property as Planned Development District Mixed Use, subject to the Spillman Development Agreement.  The concept plan identified this site for a resort hotel with the following characteristics:

• 4-5 story/55’ average height
• Rooms in primary hotel building, as well as detached casita hotel rooms
• Conference center
• Two restaurants
• Lazy river, accessible by Bee Cave residents

A site plan for the resort hotel was approved in 2007 and subsequently expired.    

The property, like the rest of the property within Falconhead under the Spillman Development Agreement, is subject to older ordinances, including 87-2, which is related to subdivision matters.

Site:  13.2 acre property at the corner of Spillman Ranch Loop and Falconhead Blvd

Adjacent Uses:

• North:  Falconhead Golf Club

• South:  Spillman Ranch Loop (4 houses)
• East:  Golf Course, Myrtle Beach Drive (1 house, mailboxes)
• West:  Spillman Ranch Loop (5 houses), Falconhead Blvd, The Grove (6 houses) neighborhood park

Existing Uses:  substantially vacant, golf cart paths

Proposed Uses:  42 single family residential lots and approximately .6 acres to be owned and managed by the Falconhead Golf Club for private recreation.  Regarding the private recreation lots, in the near term, the golf club requests to 1) continue using it as a golf cart path and for mobile food and beverage sales (golf cart service) 2) the ability to construct (with requisite site and building permits) a 500 sq ft or fewer, single story maintenance shed, add park benches, and install a putting green. 3) be allowed (with requisite permits) to erect temporary structures and information during golf tournaments; for example:

• leader boards;
• tournament pairings information;
• player check-in areas hospitality areas;
• food and beverage services;
• retail sales of golfing equipment, clothing and accessories;
• temporary tents

In addition, the recreational area may be used for special events in addition to golf tournaments upon subsequent issuance of a Special Event Permit from the City in accordance with the City’s ordinances applicable to Special Events.  

Permanent Structures or improvements related to use of the recreational area for construction or expansion of a  pavilion, club house or for any other permanent structures, temporary or permanent parking or for permanent retail sales or for a permanent structure associated with food and beverage sales and services shall require an amendment to this Ordinance. 

The golf course lots are proposed to be platted at a later time, but prior to building permits.

Access/Circulation:

• One unrestricted access point onto Falconhead Blvd; aligns with existing median cut and entrance to The Grove. 
• Street Width:  50’ ROW/28’ pavement. 
• No overnight parking; incorporated as a development standard and into deed restrictions.
• Roads privately maintained.

Staff Comments:

• 42 single family houses are projected to generate 400 trips per day; 32 existing trips during the AM peak hour, and 26 trips entering in the PM peak hour.   This will not have a perceptible impact on traffic.  The Code does not require a TIA for 50 or fewer houses.
• A secondary, gated, emergency access to Myrtle Beach was removed from the proposal.  Two unobstructed, open access points are optimal for network efficiency. By distributing trips among more intersections, it reduces average wait time; it provides cars exiting the Heights an alternative to a stretch of road that has heightened potential for conflict due to a to a mid-block golf cart/pedestrian crossing; and it takes the trips with origin/destination points between the two neighborhoods off Falconhead Blvd. The City's most recent correspondence on the matter with ESD 6 is attached.
  
• We recognize the discussions among parties that led to the decision to remove the Myrtle Beach Drive entrance.  Although this option is neither optimal nor preferred from our perspective, given the relatively few trips this road segment would handle and the limited number of lots in this Section, it does not impede our recommendation for approval of the project. 
• Given the reduction to a single, unrestricted entrance, the streets no longer provide local through-traffic circulation.  Because they will serve the residents of this section and their guests, only, staff recommends and the applicant agrees to make the roads private.  In other sections of Falconhead where this is the case, there is a mix, with both public and private streets.
• The proposed ROW and pavement width, while narrower than allowed by Subdivision Ordinance 87-2 for residential streets (60’ ROW/36’ pavement), is the same as used in the rest of the development and poses no concern for staff.

Pedestrian Connectivity:

• Sidewalks on both sides of internal street.
• Continuation of existing 5’ concrete sidewalk along Spillman Ranch Loop (in ROW). 
• Sidewalks adjacent to residential lots shall be constructed at the time that houses are constructed on such lots. All other sidewalks shall be constructed in conjunction with site development. 
• 4’ crushed granite trail alongside Lot 6, Block C water quality pond  and in ROW to corner of Falconhead Blvd and Spillman Ranch Loop to provide connection to neighborhood park. 

Stormwater/Drainage:

• There are two water quality ponds located at the corners of 1) Falconhead Blvd and Spillman Ranch Loop and 2) Spillman Ranch Loop and Spillman Ranch Loop.  There is a water quality lot (no pond, but vegetated filter strip) near Myrtle Beach Drive.
• There is an existing 25’ Drainage/Water Quality/Landscape/Sidewalk easement (#2002179495 OPRTC) for dedicated to the City and HOA within the parcel.  It abuts the Falconhead Blvd ROW and runs the length of the frontage.  It is proposed to be part of the residential lots.   
• Behind lots 27 and 28, Block C there is a water quality lot, which includes part of the existing golf cart path.

Staff Comments:

• The 25’ easement referenced above states (B1):  “No use shall be made of or on the Restricted Property that will interfere with, inhibit or reduce the nature flow or treatment of stormwater runoff, provided however, that landscaping, sidewalks (no greater than six feet in width), pedestrian tunnels, underground utility lines and facilities, irrigation lines and facilities, drainage improvements and water quality improvements (Collectively, the Permitted Improvements”) may be constructed and installed within the Restricted Property. No other permanent improvements of any kind may be constructed within the Restricted Property and no substantial removal or clearing of vegetation (other than cedar removal) shall occur with the Restricted Property without the written approval of the Village of Bee Cave, Texas, or its successors or assigns (“the Village”) and the Spillman Ranch Community Inc…”  The relevance of this easement is multi-part: 

1. The City is a grantee.
2.  In context, the emphasized statement disallows fences within this easement, which we strongly urge be upheld.  Overland drainage channels are ideally not part of a residential lot, as is proposed, but, if they are, they need to be separated by a fence so a homeowner is not tempted to modify or request a variance (e.g. to put in a pool).  The applicant has also suggested to have a separate document included at closing to alert a buyer to this easement.  This,in addition to placing the fence at the interior edge of the easement, is an acceptable compromise in staff’s opinion.
3.  Upholding the 25’ width is important to allow room for landscaping (screening).   Along a portion of the lot, the pavement of Falconhead Blvd abuts the edge of ROW so this easement is the only location available for screening like is commonly seen along the rest of Falconhead Blvd.  We recommend this screening be outside the fence, installed at the time of site development, and maintained by the HOA for consistency. 
4.  Upholding the 25’ width retains space for a future sidewalk/trail/bike lane that, as part of a larger project, could connect residents on the south side of Falconhead Blvd to the rest of the residential portion of the neighborhood, as well as destination points such as the Gateway to Falconhead neighborhood services project (under construction), the future trail along RR 620, and the golf club.  Currently, the Cottages and the sidewalks within the Heights and Gyrfalcon Cove do not connect to the rest of the system, including the trail on the north side of the street.  

• The applicant opposes placement of the fence at interior edge of the easement, indicating that it causes the development envelope of the affected lots to be too small. Staff's recommendation is to allow a reduce front setback along these lots from 25' to 20.'
• The Falconhead HOA has adopted a resolution opposing the construction of a sidewalk on the the south side of Falconhead Blvd and supporting wrought iron fences within the easement, document attached.
•  The portion of the water quality ponds visible from the intersections is minimal—a maximum of 1.5’ tall per the applicant.  They have agreed to face this with stone.

Buffers/Setbacks/Walls:

• In rear of Lots 14 and 15 Block C, the applicant has agreed to a 25’ ‘no cut zone’, which backs to three houses on Spillman Ranch Loop, to provide a vegetative screen.
• A 5’ stone faced wall is proposed along the rear of the lots in Block B within a 10’ landscape easement.  The maintenance of the wall and landscaping in front of it will be the responsibility of the HOA. 
• A 5’ burnished CMU block wall is proposed between the lots backing to the golf club.
• A 10' landscape buffer shall be constructed and maintained on Lot 13, Block C to screen the water quality and detention structure from adjoining residential lots on Spillman Ranch Loop. 

Staff Comments

• Staff has confirmed via a site visit and aerials that there is dense vegetation (including the associated trees trunks of some oaks and cedars) within the proposed ‘no cut zone’ buffer depth.  We recommend this area be protected on the plat to alert all future lot buyers to the restriction.  We have received requests from two of the abutting neighbors for a deeper greenbelt, citing the design of the previously approved hotel site plan, which had a 25' building setback and 275-300' green space between the lots and the closest building (a two story ~30,000 sf conference center).  They have also requested that the fence be on the inside of this lot line to reinforce the message to contractors and future residents that this is a 'no-cut zone.'
• The applicant has agreed to a development standard that requires vegetation in front of the masonry wall at the entry of the project.  We’ve encouraged attempting to slightly realign the street to save the 18” live oak that is in front of the wall and currently proposed for removal (see example in attachment—roads of similar width to proposed).
• Regarding the 5’ burnished wall adjacent to the golf club, staff recommends facing it with the same or similar stone to wall at the entry for consistency.  We also recommend wrapping it around the side yard of Lot 9, Block A, and Lot 27 Block C to improve separation from the golf club lots, which will occasionally be used for special events .

Lot/Block Configuration:

• Lots range from approximately 55’-77’ wide, consistent with the ranges throughout most of Falconhead. The average lot size in this section is 9,286.  A comparison of residential lot acreages (average, minimum, maximum) of other sections within Falconhead, as well as the Grove, and the Cottages, is included as an attachment.  Ordinance 87-2 establishes a minimum lot size of 15,000 sf, a minimum lot width of 75’, and a minimum lot depth of 130’; however, the Future Land Use Map category Planned Density Residential, which most of Falconhead is designated, states “smaller lot sizes are permissible if clustering techniques are utilized, ensuring the preservation of open space. Other types of dwellings may be appropriate as part of the planned development.”
• Internal side yard setbacks are proposed at 5’, consistent with the rest of Falconhead.  Front yard setbacks are proposed at 25’, compliant with Ordinance 87-2, except that lots 1 through 5, Block C and lots 1 through 4, Block A are authorized to have a 20 foot front yard setback.  Rear setbacks vary.  Consistent with other similar circumstances in Falconhead, we recommend 0' rear setback abutting the golf course.  The remainder range from 10' and 25' depending on whether they back up to Falconhead Blvd or Spillman Ranch Loop (25'); other residences (20'); the golf club or Myrtle Beach Dr (15'); or internal roadways (10').
• Two corner lots, 1, Block C and 1, Block A, propose 10’ side yard setbacks instead of 15.’  Given sufficient space for utilities and with the development standard restricting these lots driveway access from Ellie Claire Bend, only, this does not pose a concern to staff.
• The mailboxes serving the Heights are proposed to remain (and protected to do so by an easement,2002187373 OPRTC) in Lot 28, Block C one of the private recreation  lots to be purchased by the golf course. 
• Ord. 87-2 establishes a minimum block length of 500’ and a maximum of 2000.’  Deviations from this exist, but are not of concern for staff and somewhat dictated by the shape and size of the overall parcel. 

Tree Preservation: The trees shown for removal capture only those affected by the major site work (i.e. roads, ponds).  The Code requirement regarding tree preservation to ensure no more than 40% are removed is challenging in a residential project where lots are developed at different times and by potentially different parties.   We are working to draft language in the ordinance to address this.  

Planning & Zoning Commission Meetings:

This item was heard at two Commission meetings, 8/2 and 8/16.  The recordings are available here (starts at approximately 4:40) and here (starts at approximately 1:25, respectively).

Planning & Zoning Commission recommended approval with the following conditions:

1. Keep the fence along the easement line.
2. Lots 10 and 28 should have plats consistent with zoning.
3. Retail uses will be allowed to continue. New uses will require city approval.
4. The developer shall be responsible for building the wall.
5. The building line of Lots 1-5 C will be changed from 25 feet to 20 feet.
6. The backyard setbacks on Lots 18, 19, 26, and 27 shall be ten feet.

Staff recommends approval of the project as recommended by P&Z.