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Ord 820 Amending Chapter 62 Adding Article III Implementation of the Comprehensive Plan Policies TOWN OF WESTLAKE ORDINANCE NO. 820 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 62, PLANNING ADDING ARTICLE III, IMPLEMENTATION OF THE COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake is a general law Town; and WHEREAS,on March 2, 2015,the Town Council adopted a Comprehensive Plan(the Forging Westlake 2015 Comprehensive Plan);and WHEREAS,the Forging Westlake 2015 Comprehensive Plan includes an Implementation Plan Element that was not adopted in 2015; and WHEREAS,the Implementation Element specifies policies, standards,and procedures related to the review and approval of zoning requests,development proposals, development plans, and construction permit plans; and WHEREAS,the rapid pace of incoming development that the Town is now experiencing makes it necessary to clearly state these policies and how they will be applied to Town growth going forward;and WHEREAS,the need to manage growth for the health and wellbeing of the citizens of Westlake makes adoption of the policies, standards,and procedures stated in the Forging Westlake 2015 Comprehensive Plan Implementation Plan Element important at this stage of Town development;and WHEREAS,the economic development and general planning of the Town will be furthered by establishment of these policies, standards,and procedures; and WHEREAS,upon recommendation of the Planning and Zoning Commission,the Town Council of the Town of Westlake,Texas is of the opinion that it is in the best interests of the town and its citizens that this amendment to the Town's Code of Ordinances should be approved and adopted;and WHEREAS,the Council believes it is in the interests of the Town,present and future residents and citizens of the Town,and developers of land within the Town are best served by adopting this Ordinance' which the Council has determined to be consistent with the Forging Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; and Ordinance 820 Page I of 17 WHEREAS, upon the recommendation of the Planning Department for example, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW,THEREFORE,BE IT OREDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 62, be amending by adding Article III, Comprehensive Plan Implementation, Sections 62.50 through 62-57 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Sec. 62-50 PURPOSE The purpose of this ordinance is to establish uniformity with regard to the application of the Forging Westlake 2015 Comprehensive Plan to development within Westlake and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: a. interpretation of the Comprehensive Plan, b. application of the Comprehensive Plan to development,and c. key considerations relative to development and development impacts that must be evaluated. Sec. 62.-51 DEFINITIONS "Regulatory Policy Status" shall mean the intended effect of policy application. It is a statement of the intended outcome relative the vision of the Comprehensive Plan. "Application Trigger Points" shall mean the thresholds of development magnitude. Development impact, or change in the natural and/or physical fabric of Westlake affected by development that necessitates application of the policy. "Consideration Requirements" shall mean required analytical data, and/or required relationship/impact assessment,and/or required submittal information that shall accompany a request for zoning or submitted Concept Plan, Development Plan, Site Plan,Transfer of Development Intensity request,or permit plan set as specified herein. "Level of Service" (LOS) shall mean a quantitative measure of roadway operational efficiency offered and/or maintained within the Town thoroughfare system, using prescribed standards and determined by prescribed methodologies. "Level of Service D or lower" shall mean levels of service exceeding the operational thresholds for LOS D. LOS E, or LOS F. "Transfer of Development Intensity" shall mean the Westlake Transfer of Development Intensity program that allows the Town to approve the exportation of non-residential square footage and/or residential units from one area(called a Sending District)to and importation of Ordinance 820 Page 2 of 17 said square footage and/or units to another area(called a Receiving District). Sec. 62-52 APPLICABILITY The requirements and policies of this ordinance are applicable to any zoning(as defined herein), PD Concept Plan,PD Development Plan, Site Plan required by any PD or Categorical Zone, Permit Plans, and/or any request/application for a Transfer of Development Intensity as such Sections of this ordinance is are associated with one of the above listed activities/plan types in the matrix below. Where the matrix is blank relative to a Section, such section is not applicable. Further, "Zoning" which triggers application of this ordinance in accordance with this Section is limited a request for change in land use or development density through rezoning or modification of an existing Planned Development Ordinance or Categorical Zone.Modifications of an existing Planned Development ordinance or categorical zone that does not change land use or development density as permitted by the current zoning is considered a"convenience modification"and does not trigger the requirements of this ordinance. However,to the extent that revision of an existing Concept Plan or Development Plan that has become part of the zoning by previous approval of Council modifies any commitments of the property owner to open space, roadways, facilities,water features,waterways shall then trigger compliance with the submittal requirement of this ordinance that are applicable in the opinion of the Town. Ordinance 820 Page 3 of 17 POLICY ORDINANCE APPLICABILITY 00 > 46 C M E W E 0 > cu 2 0 d E N 41 C di W (U CL W C > 0 Policy Section U0 0 M CILU U0 SEC 5:Traffic Impact Analysis Submittals(a)(b) (a) (b) (a) (a) (a) SEC S.-Roadways and Roadway Improvements(c) (c) X X X X SEC 6:Parks,Open Space,and Trails(d) (d) X X SEC 7:Town Design Structure Submittals X X X SEC B.Town Facilities Submittals(e) (e) X X X SEC 9:Storm Water Conservation Submittals(f)(g) (11) (g) (g) X (a) =Must be submitted at Zoning.However,if the property is already zoned the TEA must be submitted with any"Plan"submittal that implements the development rights conveyed through zoning or TDI.Notwithstanding,the Town has authority to require a TIA when it deems necessary at consideration of any Concept Plan,Development Plan,or Site Plan regardless of previous TIAs performed for the same property. (b),(c),(d),(e,ffl=This submittal applies to TDI,if an intensity bonus is requested. (g) =Applicable to Concept plan and Development Plan if modification of existing waterways or waterways shown on the currently approved plans are proposed...or...there is an impounding of water on the site as a retention facility or pond. Sec. 62-53 THOROUGHFARES Any zoning requests,PD or other required Concept Plan,PD or other required Development Plan, PD or other required Site Plan, and/or Transfer of Development Intensity that requests a bonus(as specified in Section 4)shall establish the extent to which the development proposed shall implement the Thoroughfare Plan and/or mitigate the development's impacts on the Thoroughfare system available to serve it, as follows: 1. The Regulatory/Policy Status of the Thoroughfare Plan. The Thoroughfare Plan as presented in the Forging Westlake 2015 Comprehensive Plan is a guiding document for matters related to the growth and development of the Town. It identifies connections(arrow heads)and linkages(dotted or solid lines)needed to accommodate traffic potentially generated by the total entitlements that have been approved by the Town of Westlake as of 2015. The final alignment design of any connection indicated in the Plan is subject to further engineer alignment studies and the manner in which the recommended connections can be Ordinance 820 Page 4 of 17 accomplished within any proposed development approved by the Town as part of any zoning, concept plan, development plan,site plan, and/or Development Intensity Transfer that requests a bonus(as specified in Section 4), as no development within the Town of Westlake can create traffic conditions wherein the Level of Service(LOS)at intersections serving the subject development,and/or roadways serving the subject property, is lower than LOS "D" or where the traffic volumes on roadways leading to the development(not including Highway 114)exceed the street capacity thresholds specified below. To determine whether a development will contribute to the advent of such conditions and to determine the impact of such development on the transportation system, any application for zoning, concept plan,development plan, site plan,or Development Intensity Transfer must prepare a Traffic Impact Analysis(TIA) (in accordance with Applicability Section 4)which reveals the traffic impacts of a development on roadways and intersections, serving that development, in the context of other regional and local growth factors as specified below. Where the TIA indicates that unacceptable levels of service will exist or where street threshold capacities are exceeded and the proposed development contributes to that condition,the Town may require the submitting/requesting party to present on-site and/or off site roadway/ intersections improvements that will maintain an LOS of"D"or better within that portion of the thoroughfare system serving the development and/or maintain traffic flows within subject roadways at or below the threshold capacities specified below and further development of the Town's coherent Thoroughfare Plan. Proposed roadway/intersection improvements made by the submitting/ requesting party as a result of the required TIA(discussed below)are subject to Town approval. Where such improvements are necessary to mitigate conditions exceeding LOS "D"or threshold capacities, such improvements are required to be completed in conjunction with the proposed development unless otherwise approved by the Town Council whether such improvements are paid for by the development,prorated to the development, or publicly funded. It is the intent of the Comprehensive Plan and this ordinance which implements the Comprehensive Plan that the total thoroughfare system of the Town of Westlake be accomplished with 4-four lane divided roadways whose visual character as a Regional Arterial,a Town Arterial,or a Pastoral Collector is determined by compliance with the recommendations of the Town Design Structure Plan of the Forging Westlake 2015 Comprehensive Plan. If roadways wider than 4-four lane divided roadways are proposed by any submitting/requesting party,the reconciliation of such a proposal with the visual character of Westlake and with the smaller roadways(located in adjacent townships)serving Westlake must be considered and addressed in a manner that is satisfactory to the Council. Additionally,the submitting/requesting party must demonstrate,through its TIA,that a roadway in excess of four travel lanes will better address traffic impacts in Westlake than a more robust network of smaller roads. Where the introduction of roadways wider than 4-four lane divided roadways is approved,the Comprehensive Plan Thoroughfare Plan must be revised to reflect that component of the total street system. 2. Application Trigger Points. The following street capacity and intersection thresholds shall mean that any traffic volumes exceeding these thresholds will be considered unacceptable to the Town. Should the TIA demonstrate that thresholds will be exceeded as a result of a proposed development,then the TIA must recommend roadway improvements on and/or off-site which are necessary to maintain adequate LOS and street-traffic-volumes prescribed below. The key thresholds are: Ordinance 820 Page 5 of 17 A. Roadways: Road improvements as portrayed by the Thoroughfare Plan shall be implemented as needed to maintain minimum acceptable efficiency within the Town Thoroughfare System. An LOS of D or better is defined using the following thresholds or as calculated using methods prescribed in the Highway Capacity Manual(HCM) and other national standards(the Town reserves the right to deem methods to be professionally accepted): L 2 Lane Street: 12,000 ADT ii. 3 Lane Street: 17,000 ADT iii.4 Lane Undivided Street: 24,000 ADT iv.4 Lane Divided Street: 32,000 ADT v. 6 Lane Divided: 55,000 ADT B. Intersections: Road and intersection improvements(including those portrayed by the Thoroughfare Plan)shall be implemented as needed to maintain an intersection Level of Service"D"or better as calculated using methods prescribed in the Highway Capacity manual (HCM)and other national standards(the Town reserves the right to deem methods to be professionally accepted). If the LOS D threshold has been exceeded or such condition is imminent for any local road segment or intersection,the Town reserves the right to identify the necessary improvements. Necessary improvements could include lane additions or other improvements to the failing segment and/or intersection,or improvements to adjacent segments and/or intersections that will have the effect of improving LOS on the failing segment and/or intersection or providing needed travel alternatives to failing conditions. Improvements will be consistent with the adopted Thoroughfare Plan. 3. Plan Review/Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan,Development Plan, Site Plan,and/or Transfer of Development Intensity that requests a bonus(as specified in Section 4)must address(thorough analysis or design)if required by the Town: A. Any zoning request,concept plan submittal,development plan submittal,site plan submittal,or request for Transfer of Development Intensity that requests a bonus(as specified in Section 4) shall be accompanied by a thorough Traffic Impact Analysis(TIA) that projects traffic volumes and corresponding levels of service(LOS)on road segments and intersections serving the development(including the service roads of Highway 114 and 170 and Highway 114 and 170 overpasses)when other planned,zoned, and/or approved development(s)served by those streets are considered. The TIA must also factor in background traffic, including regional traffic flows to the extent that such flows are manifest on the streets of Westlake and Highway 114/Highway 170 Service Roads and overpasses. More specifically,the required TIA must employ the following: i. A TIA that uses an Employment Demand Model which must apply the following employment densities: Ordinance 820 Page 6 of 17 Service Employment: 1 employee/260 square feet Retail Employment: 1 employee/700 square feet Basic Employment: 1 employee/750 square feet ii. Rates published in the most recent edition of ITE Trip Generation must be used for TIA's using the manual estimates of trip generation. iii.A TIA submitted to determine attainment of threshold ADT or LOS shall: a.Factor in future traffic volumes on all roadways entering Westlake from Keller, Southlake,Trophy Club,Roanoke, and Alliance. Such future volumes shall fully consider current traffic counts and the growth thereof to planning year 2035, otherwise known as "background traffic" using the Regional Travel Demand Model or other accepted methodology. b.State the extent to which development within the subject site and/or Planned Development District in which the site is located will build out relative to entitlement. If the TIA does not consider full use of entitlement,then the submitting party shall state which measures will be put in place to assure that the level of development presented will be the highest level of development for this property and/or Planned Development. c.Factor in full use of entitlement on other properties and Planned Developments within Westlake. d.Factor in full use of entitlements on properties abutting Westlake. e.Factor in projected regional flows on roadways within the area of analysis which shall include Traffic Analysis Zones in which Westlake, Southlake,Keller,Trophy Club,Roanoke, and Alliance are located. f. Respond to any road segments or intersections that exceed a Level of Service D. Where LOS D is exceeded as a result of regional flows, such road segments and/or intersections shall be considered as exceeding thresholds established by this Ordinance. B. If the TIA described above reveals that threshold level of service(LOS)on a road segment and/or intersection Roadway Level of Service("trigger Points"described above)have been attained,the TIA must also identify those components of the Thoroughfare Plan and/or other roadway improvements deemed necessary to bring the road segment and/or intersection LOS into compliance with the requirements of the Town. C. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. Sec. 62-54 PARKS,OPEN SPACE AND TRAILS Any PD or other required Concept Plan, or PD or other required Development Plan,or Transfer of Development Intensity requests which requests a bonus shall establish the extent to which the development proposed shall implement the Parks, Open Space,and Trails Plan and/or mitigate the development's impacts on the Town's ability to implement that Plan over time, as follows: Ordinance 820 Page 7 of 17 1. The Regulatory/Policy Status of the Parks,Open Space and Trails Plan. The Parks, Open Space and Trails Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies recommended public and/or private landscapes,open areas, landforms,waterways and key linkages between these open areas and natural features that guide creation of a central open space corridor within the Town that preserves and protects portions of the natural break between uplands and lowlands (the ecotone)that are not generally protected by low FAR or low density development or development within a view corridor or view shed zone. This connected and unbuilt landscape is the characteristic view that will remain a visual legacy of Westlake's pastoral/ranch history as the Town develops commercially at a potentially urban level of intensity. The open space area is meant to particularly protect and define the residential portions of the Town from its commercial portions and in so doing reconcile the difference in scale and density they each present as well as protect the residential values from commercial encroachment. The Parks, Open Space and Trails Plan also identifies the type and general location of public recreational facilities necessary to serve the recreational needs of the Town's future build-out population as well as trail types that collectively constitute a legible and Town-wide network of pedestrian connections linking points of trip origin to important trip destinations within Westlake (including recreation,work,and shopping). Finally,the Trails Plan identifies the types of trail marker,trail head,trail hub that signals movement from one trail type to another within the system. The location of recreation facility type(such as a community park or neighborhood park)within the service areas shown on the Parks, Open Space and Trails Plan are general indications of location only. Final location shall be determined as development of the Town progresses and facility sites are acquired by purchase,donation, dedication,easement,or other agreement which secures public use and access. Recreation Facility locations may vary from the general locations shown in the Parks, Open Space and Trails Plan provided that the Service Areas around facility types so located will yield a generally uniform level of public access across the residential portions of Westlake(avoid one area being overserved and another area being underserved by comparison). When the recreation facility sites are acquired by any of the above listed methods,the Town may determine that the resulting constellation of service areas provides a reasonably balanced level of service for that facility type across the Town's residential areas. If the resulting pattern of service areas cannot be so distributed and alternate locations are not likely, it is more important to have the facility availability within the Town and a less balanced distribution of service areas may result. The provisions of this Parks, Open Space and Trails Plan are not a part of any Planned Development or zoning entitlement at the time of adopting the Comprehensive Plan. Therefore, any consideration of zoning request, Concept Plan,Development Plan, Site Plan or Transfer of Development Intensity request shall seek to include the Comprehensive Plan's Open Space configuration as part of such consideration. 2. Application Trigger Points. Ordinance 820 Page 8 of 17 Implementation of the Parks, Open Space and Trails Plan shall be advanced when any, or any combination of,the following are part of a zoning request, Concept Plan,Development Plan, Site Plan,Transfer of Development Intensity request or other development request submitted for approval by the Town: A. Location of a landmark landform as indicated on the Parks and Open Space Plan. B. Location of a waterway, creek, water body,wetland, or flood zone. C. Location of an opportunity to place a recreational facility so that a balanced distribution of facility service areas across the residential portions of Westlake will result. D. Location of a historic or culturally significant landscape or a landscape that is essentially important to complete preservation of the Town's natural mosaic. E. Connection between current or intended open space areas. 3. Plan Review/Submittal Requirements The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan,Development Plan, Site Plan, and/or Transfer of Development Intensity request must address(thorough analysis or design)if required by the Town: A. Any zoning request, Concept Plan,Development Plan, Site Plan, Transfer of Development Intensity request or other development request, shall indicate any portion of the subject land area that coincides, or closely coincides,with areas shown as open space in the Forging Westlake 2015 Comprehensive Plan (hereinafter known as the Open Space Envelope). B. When a Concept Plan,Development Plan,or Transfer of Development Intensity request or other development request demonstrates that any part of the subject property coincides,or closely coincides with any portion of the Open Space Envelope or an Area of Sensitivity,the Town may evaluate the site plan to determine the following: i. Is the Open Space Envelope or any portion thereof proposed for development? ii. Are there alternative Open Space Envelope configurations that will accomplish the intent of the Comprehensive Plan on, or off,the subject property? iii.Are any Landmark Landforms,waterways,water bodies,other special natural features, or an Area of Sensitivity present in this portion of the Open Space Envelope? iv.Does a balanced arrangement of any recommended"Park Type" Service Areas suggest that this open space location is best suited for location of a park? v. Is any part of the subject properly located within the 100 year flood plain after consideration of future, upstream development and is that flood plain part of the recommended Open Space Envelope? vi.Is there a conflict between the Parks, Open Space and Trails Plan recommendation and the submitted plan that will prevent implementation of the plan through alternate configurations in the future? vii. Can the Parks, Open Space,and Trails Plan be further implemented by any Ordinance 820 Page 9 of 17 of the following: a. Any public open space acquired through the TDI Incentive or other means shall be secured by easement,or dedication or transfer of ownership to the Town and the public shall have rights of access to the open space. Further, any open space so acquired may be used to develop public park facilities as shown on the Parks, Open Space and Trails Plan. b. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. c. Property boundary fences along any commercial property containing public or private open space and a roadway or trail(identified on the Thoroughfare Plan or Trails Plan)are encouraged to be open fences wherever possible(such as an agricultural fence or open wrought iron fence)which allows the visible ground plane to continue from road/trail to open space without visual discontinuity created by visual disruptions (such as opaque fences). Property boundary walls are strongly discouraged in such locations. d. Where the open space is secured through TDI Incentive or other means and contains a Landmark Landform,distinctive vegetative community, or water way/water body,the Town shall make every effort to also secure public access and right to build trails for public use. Sec. 62-55 TOWN DESIGN Any PD or other required Development Plan, PD or other required Site Plan,Permit Set, or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Design Plan and/or mitigate the development's impacts on the Town's ability to implement the Town Design Plan over time, as follows: 1. The Regulatory/Policy Status of the Town Design Structure Plan. The Town Design Structure Plan as presented in the Forging Westlake 2415 Comprehensive Plan identifies the form,pattern,and sequence of streetscape,public art,trail heads/markers, public/ private premise signs,street/way-finding signs, intersection treatment,and public gathering spaces which define the constellation of visual experiences that work together to create a legible Town identity. The Plan contains symbols,indicating the location of urban design elements. The placement of symbols on the Town Design Structure Plan are meant to establish relationship between,and sequence of,elements,not the exact location of such elements and therefore,the plan is meant to guide Town consideration of Zoning requests, Concept Plans,Development Plans, Site Plans,and/or Transfer of Development Intensity requests. The final placement/ arrangement of urban design elements will be determined as land use development proceeds. Development Plans, Site Plans,Permit Plan,and/or Transfer of Development Intensity that requests a bonus, submitted for Town approval reveal how the identified urban design elements are implemented within a proposed POLICY development and/or project design. The intent of the Town Design Structure Plan is that the visual character of the Town as experienced within the public domain/public use spaces (such as roadways and plazas)is brought Ordinance 820 Page 10 of 17 together by visual characteristics that promote visual continuity and a uniformly high aesthetic standard. All improvements that constitute the public domain shall implement the surface material,plant material,planting configuration, street standard and fixture type, landmark creation,general forms,and patterns identified in the Town Design Structure Plan for any urban design element associated with the street type, street relationship to another street, public space, trail,trail relationship to another trail,trail head/marker,or proposed premise sign location that is manifest in a development site plan or other development request submitted to the Town for approval. The overarching image of the Town as promoted by the Town Design Structure Plan is a pastoral, campus,estate community in conjunction with more urbanized development patterns in the areas designated as Receiving Districts in Westlake's Transfer of Development Intensity Ordinance(TDI Ordinance). This is generally accomplished by promoting a Townscape that is not overly subdivided by opaque walls but rather permits visual access to an uninterrupted ground plane which provides both the foreground and terminus of views and vistas deemed essential to Westlake by its citizens. Therefore, development that contributes to important view and vista zones(identified in the Land Use Plan)is also part of the Townscape and should complement the characteristics of the Townscape however possible and reasonable. 2. Application Trigger Points. Implementation of the Town Design Structure Plan is advanced when any,or any combination of, the following is part of a development site plan or other development requests submitted for Town approval: A. When any street that is a Regional Arterial, Town Arterial,or Pastoral Collector or intersections thereof(as generally shown in the Thoroughfare Plan) is built by public or private parties. B. When an existing street that can be classified as a Regional Arterial,Town Arterial, or Pastoral Collector or intersections thereof(as generally shown in the Thoroughfare Plan) is improved or upgraded. C. When private development landscape areas abut, or otherwise visually extend the streetscape(such as roadway setback or buffers). D. When a site plan implements any portion of the Parks, Open Space or Trails Plan as discussed above in Sec. 62-53 When a premise sign is located within 30 feet of a road right-of-way. E. When a space within a proposed project is intended to be a public gathering space. F. When any area of a proposed project includes or abuts the location of a portal monument(as shown on the Town Design Structure Plan) 3. Plan Review/Submission Requirement The following are standards and points of consideration that the Town may consider and which any Development Plan, Site Plan,Permit Plan,and/or Transfer of Development Intensity that requests a bonus must address (thorough analysis or design)if required by the Town: A. Any Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus, shall indicate any portion of the subject land area that coincides,or closely coincides,with streetscapes,monument locations,or features shown in the Forging Westlake 2015 Comprehensive Plan's Town Design Structure Ordinance 820 Page I 1 of 17 Plan(hereinafter known as the Urban Form Element). B. When a Development Plan, Site Plan,Permit Plan, and/or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides,or closely coincides with any portion of the Urban Form Element,the Town shall evaluate the site plan to determine the following: i. Is the Urban Form Element or any portion thereof proposed for implementation within the development proposal? ii. Are there alternative locations or configurations of the Urban Form Element that will accomplish the intent of the Comprehensive Plan on-or-off,the subject property? iii. Are any major portals or points of confluence(vehicular or pedestrian), associated with the project plan or the location of the project within the total vehicular/pedestrian/open space system of Westlake(as portrayed by the Comprehensive Plan)? iv. Is the presented elevation view of proposed right-of-way/trail improvements consistent with the palettes,thematic samples,and design themes of the Town Design Structure Plan? v. In the event that there is a conflict between the Town Design Structure Plan recommendations and the submitted plan,the Town shall give instruction regarding modifications of the submittal that will make it acceptable. Sec. 62-56 TOWN FACILITIES Any PD or other required Development Plan,PD or other required Site Plan,Preliminary site evaluation or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Facilities Plan and/or mitigate the development's impacts on the Town's ability to implement the Town Facilities Plan over time, as follows: 1. The Regulatory/Policy Status of the Facilities and Town Hall Plan. The Facilities and Town Hall Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies Emergency Service, Service Areas(within which a 5-10-minute response time is possible only if the street LOS of streets accessing service calls remains at D or better)and Town Hall locations(that position the Town Hall to be more tangibly engaged with the daily activities and experiences of Westlake's citizens and daytime population). The location of emergency facilities within the response time zones shown on the Facilities and Town Hall Plan shall be determined as development of the Town progresses and sites are selected/acquired through the development process. Emergency facilities locations may vary from the general locations identified in the Facilities and Town Hall Plan provided that the coverage of the response time window is substantially consistent with that shown in the Plan. The future location of the Town Hall may vary from the general locations shown in the Facilities and Town Hall Plan provided that the Town Hall is positioned along the Town Arterial System,or placed where significant use by,and/or,gathering of,the citizens of Westlake may take place. 2. Application Trigger Points. Implementation of the Facilities and Town Hall Plan shall be advanced when any, or any Ordinance 820 Page 12 of 17 combination of,the following is part of a development site plan or other development requests submitted for Town approval: A. The subject site is located within the central portions of Emergency Service, Service Areas as shown on the Comprehensive Plan's Facilities and Town Hall Plan. B. When a required response time window analysis, submitted for Town review as part of a Zoning Request, Concept Plan,Development Plan, Site Plan,and/or Transfer of Development Intensity request demonstrates that the target 5-10 minute response times cannot be attained. C. When private development increases the Town population(residents)or increases the "residential equivalent"(as defined in the Facilities and Town Hall Plan)of commercial square footage to a point where the equipment capability or emergency services manpower of the Town falls below national standards(number of police or firemen per 1,000 population...figured to include the residential population and the population equivalent for commercial uses). D. When a Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request implements or proposes to implement any portion of the Facilities and Town Hall Plan. E. When a significant commercial project proposal does not include private security measures and personnel as part of the project program. F. When the available supply of potential sites, within the proximity of the emergency service areas, as portrayed in the Facilities and Town Hall Plan, are limited to four options or less. 3. Plan Review/Development Request Processing. The following are standards and points of consideration that the Town may consider and which any PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus must address(thorough analysis or design)if required by the Town: A. Any PD or other required Development Plan,PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus, shall provide an emergency service impact analysis which include the following: L The current Westlake level of emergency service personnel (police and firemen)per 1,000 population,including application of the population equivalency which converts commercial square footage into a residential population demand equivalent. ii. The additional emergency service personnel required to maintain national emergency service standards resulting from population(or population equivalency)increases generated by this development proposal. iii. Fire protection and/or security measures proposed with the request. iv. Compliance with emergency service infrastructure requirement within the proposed site plan design. v. A Response Time Window analysis to establish the extent to which a 5- minute response time remains attainable when considering the level of roadway connection and other necessary emergency infrastructure available Ordinance 820 Page 13 of 17 upon completion of the proposed project. B. When a PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides,or closely coincides with the recommended location of any emergency facility or Town Hall, the Town shall evaluate the site plan to determine the following: L Is the Facilities and Town Hall Plan, or any portion thereof,proposed for implementation within the development proposal? ii. Are there alternative locations for emergency service facilities or Town Hall that will accomplish the intent of the Comprehensive Plan on-or-off,the subject property? iii. Are there any reasons why placement of an emergency facility or Town Hall at this location is more important to the public health, safety,and welfare than location on another neighboring,undeveloped site? C. The Town will make every effort to locate emergency service facilities so that the 5- minute response time capability goal is attainable as the Town develops. Measures taken by the Town to accomplish this policy can include: L Contracting with third party service providers(such as neighboring Towns) until road connections and require infrastructure or facility sites are available. ii. Location of temporary facilities,under agreement with property owners which permits temporary location. iii. Requirement of stricter fire suppression and/or security measures within residential and/or commercial development that will allow extension of the emergency service window. D. The Town will evaluate its subdivision and fire code provisions periodically to assure that development standards continue to meet the needs of current service equipment. Such evaluations will take place at least every 5 years and be conducted by the Town's Fire Marshall or Fire Chief or a consultant qualified to make such evaluations. Sec. 62-57 STORM WATER CONSERVATION Any PD or other Concept Plan,PD or other Development Plan, PD or other Site Plan, and/or Transfer of Development Intensity that requests a bonus(in accordance with Section 4) shall establish the extent to which the development proposed shall implement the Storm Water Conservation Plan and/or mitigate the development's impacts on the Town's ability to implement the Storm Water Conservation plan over time,as follows: 1. The Regulatory/Policy Status of the Storm Water and Water Conservation Plan. The Storm Water and Water Conservation Plan presented in the Forging Westlake 2015 Comprehensive Plan shall guide design and organizational initiatives intended to improve water quality and promote water conservation. The Town establishes that development going forward should take every reasonable measure to improve water quality and conserve water usage. This is both a design and a management issue(public and private). Therefore,the Town will seek to initiate measures as well as promote better project design aimed at less water use and/or providing natural filtration/infiltration/pattern for storm water flows. Ordinance 820 Page 14 of 17 2. Application Trigger Points. Implementation of the Storm Water and Water Conservation Plan Element of the Forging Westlake 2015 Comprehensive Plan is advanced when any, or a combination of,the following is part of a zoning request, concept plan,development plan, site plan,Transfer of Development Intensity, subdivision or construction site plan submitted for Town consideration: A. Drainage plans for any residential development/zoning/platting which makes broad use of surface water management. B. The Town considers drainage plans for any non-residential development/zoning/ platting which makes broad use of surface water management. C. When any portion of the Thoroughfare Plan is being implemented(filtration and bio- swale measures shall be considered where appropriate). D. Any improvement to development adjacent to a waterway and/or water body shall preserve and enhance the features of the natural waterway as well as bed and bank and characteristics,unless a reconfiguration is approved by the Town. E. Any improvement,restoration,renovation of a waterway and/or water body. F. The creation of any water amenity as a development/project feature. G. The construction of stock or private ponds. H. The construction of any water detention or retention facility. I. The preservation of any plant communities. J. The Town considers any public or private extension of the Open Space Envelope along natural waterways or as a means to preserve natural run-off patterns. K. 3. Plan Review/Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and/or Transfer of Development Intensity that requests a bonus(in accordance with Section 4)must address (thorough analysis or design)when required by the Town: Any a PD or other Concept Plan,PD or other Development Plan,PD or other Site Plan, and/or Transfer of Development Intensity that requests a bonus(in accordance with Section 4)submitted for Town consideration shall include: A. Description of measures which will enhance water quality and promote water conservation. These measures include a periodic system water audit and water loss audit,management of water usage,other best management practices,and preservation of storm water water quality. B. Indication of any portion of the subject land area that coincides with a waterway, major drainage way, water body, open space,a View Corridor Zone(hereinafter known as a Water Way Association). C. Plan of existing drainage as well as proposed drainage and shall identify any water conservation and surface water flow management techniques/devices/practices being employed in the proposal. D. When a zoning request,concept plan, development plan, site plan, Transfer of Development Intensity, subdivision or construction site plan demonstrates that any part of the subject property coincides, or closely coincides with any portion of a Water Way Association,the Town shall evaluate the submittal to determine the following: Ordinance 820 Page 15 of 17 i. Is the Water Way Association or any part of it within the development proposal? ii. Are there alternate locations or configurations of the Water Association that will accomplish the intent of the Storm Water and Water Conservation Plan? iii. Are there opportunities for design measures that facilitate water infiltration, filtration such as bioswales, green parking lot features,rain gardens,deep root native grass areas(that promote infiltration),infiltration trenches,permeable pavement,and rain barrels and/or cisterns? iv. Are there opportunities for land set asides which facilitate water quality and control water run-off such as riparian buffers, and/or creation of/preservation of wetlands? v. Are there opportunities for installation of water control measures such as inlet protection devices and storm water detention facilities? vi. Are there opportunities to increase the surface water storage through storm water retention facilities? vii.Are there opportunities to preserve natural water flows through elimination of curb and gutter? Sees. 62-58—62-68 Reserved SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas,that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase,clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence, paragraph or section. Ordinance 820 Page 16 of 17 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 271h DAY OF MARCH 2017. a. 74_ ATTEST: Laura Wheat, Mayor � - KeO Edward Town Secretary Thomas E. Bryr6- To n Manager t't,N OF kv APPROV �! TO M nton Lovhy,,rooAttorney FkA S Ordinance 820 Page 17 of 17 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 339439281 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3J30/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4/30/2017 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33943928 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 3/29/2017 3/30/2017 1 J►escriptan �: tlua + Rate mo1I1 t� TOWN OF WESTLAKE ORDINANCE NO. I3580 1 24 24 LINE $6.16 $295.88 QOM 01 1# STLAICE " ; C4CtACE p � Misc Fee AAN QJRRDINAI C . $10.00 ESTLMS,'e EN IN 62, PLANNING-A001N6 ARTICLE.' III IMPLtMENTATION t1I TIDE C6MI?R MENSIVE,PLAN, PROVId- SAVINGS CLAUS,ANOVL�EICL:AR--' ING AN EFPECTIVE 4ATE.,SECTION Net Amount: $305.88 5:.That'any Oersoh,violating any provision of.thi Cha ter�.nnay be issued a citation:an upon.con vittlon thereof,the Person shall be dE+ofti01ty.of a,, Isdemeanor and pushed; s- th s Sectiptt Ftha "of,04i hce of�e:fp h of, e�tlake:l*h 2 hour Pertbtl of V�nlatior,bnd etcfi f1� Countyo Tarrant MAI Before me,a Notary PuMc in andforsaidC, appearedLeticiaArriaga,Bids&LW[Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Wortk in Tarrant County,Texas:and who after being duty sworn, did depose and say that the attached clipping of advertisement was published in the above named paper on the listed dates: BIDS&LBGALS DEPT Star-Telegram.(i S7UBSCRIBBD AND SWORNTO BEFORE ME, THIS D.rYOF .April '/ 2017 � Signed ,j STATE1 OF / NOTAPYPUBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339439281 Invoice Amount: $305.88 PO Number: Amount Enclosed: $