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Ord 817 Amending Chapter 102 Adding Transfer of Development Intensity Standards TOWN OF WESTLAKE ORDINANCE 817 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING CHAPTER 102 ZONING, ARTICLE VII — PLANNED DEVELOPMENT REGULATIONS, BY ADDING A SECTION FOR TRANSFER OF DEVELOPMENT INTENSITY STANDARDS; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL OF CONFLICTING PROVISIONS; PROVIDING A CUMULATIVE CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas, (the "Town") is a General Law Municipality located in Tarrant and Denton Counties, Texas, created in accordance with the provisions of the Texas Local Government Code and operating pursuant to the enabling legislation of the State of Texas; and WHEREAS, Ordinance 767 was approved by the Town Council on March 2, 2015 adopting the comprehensive plan; and WHEREAS, the,per the recommendations of the comprehensive plan,the Town Council of Westlake, Texas, deems it necessary to enact this ordinance providing for standards for the transfer of development intensity; and WHEREAS, 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 ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That, the Town hereby adopts the following amendments to Chapter 102— Zoning, Article VII—Planned Development Regulations, by adding a new section as follows: "DIVISION 4.—TRANSFER OF DEVELOPMENT INTENSITY Section 102-288. — Short Title. These regulations shall be known and may be cited as the "Transfer of Development Intensity Program Regulations"or simply as the"TDI Regulations". Section 102-289.—Purpose. Where eligible,and where approved according to the standards and processes established in this Article, the purpose of this Article is to implement the Town's Comprehensive Plan(as adopted by Ordinance 747 and hereafter as may be amended). Specifically, implementation of the Town's Comprehensive Plan, as it relates to this Article, pertains to: Ordinance 817 Page 1 of 19 a. The Plan's stated intent to preserve various view corridors via massing of certain permitted uses in certain zoning districts while off-setting that massing by decreasing zoning use intensities in other district(s). The Town's Comprehensive Plan sets out those areas in the Town where view corridor preservation may be achieved by increasing or decreasing development mass of approved zoning. b. The Plan's stated intent to better distribute and better manage the traffic volumes generated by future development. c. Facilitate implementation of open space and public facility needs as set out by the Comprehensive Plan. These stated purposes can be implemented by the massing of development intensity associated with certain permitted land uses in one zoning district while decreasing the development intensity associated with permitted land uses in another district and shall be termed, "Transfer of Development Intensity" or TDI. The transfer of Development Intensity may be between identical permitted land uses in both the Sending Area and the Receiving District PD/ PD Planning Area or between dissimilar Sending District/ Receiving Land Uses when the Sending District Land Use has been converted to a permitted Land Use in the Receiving District PD/ PD Planning Area. In no event shall a TDI application represent a net increase in permitted development Intensity when considering both sending and receiving zoning districts in the aggregate for a Transfer between identical land uses or an increase in permitted Development Intensity as converted in accordance with this Article, unless a Development Intensity Bonus has been granted in accordance with Section 6 of this Article. Section 102-290. —Definitions. Definitions in this Article are intended only for certain key terms integral to describing the TDI process, and is not meant to be an exhaustive list of all terms contained in the all of the Town's zoning regulations. "Building Envelope" shall mean the recommended building space of a lot, parcel, or tract located in a Receiving District. The Building Envelope is a buildable space as described by the height, non-residential FAR(floor to area ratio), and/or Residential Unit Density as recommended in Exhibit A. "Community Character District"shall mean specific zones identified on the Comprehensive Plan Land Use Plan Element and used to identify sub-zones of the Receiving District where different Building Envelope capacity(expressed as Building Height, FAR, and/or Residential Unit Density) is specified. "Comprehensive Plan" is the general development plan for the Town as adopted by the Town Council on March 2, 2015 by Ordinance 747 and may, from time to time, be amended by said Council. "Development Intensity" shall mean the eligible square footage of a non-residential use permitted in a PD/ PD Planning Area or the number of residential units of a residential use permitted in a PD/ PD Planning Area that are eligible to be considered for severance or transfer in accordance with the provisions of this Article. Only Eligible Development Intensity shall be considered in any request for severance or as a base level to which Development Intensity can be added through Transfer. The Development Intensity eligible to be considered in the TDI program are documented in Exhibit B for all properties zoned as a Planned Ordinance 817 Page 2 of 19 Development at the time this ordinance is adopted. Future Planned Developments will necessitate a revision of Exhibit B when such future Planned Developments are approved by the Town Council. Development Intensity may be severed from a Planned Development and transferred to a Planned Development as permitted by this Article and in accordance with the processes described herein. In any transfer of Development Intensity,the development square footage and/or residential uses transferred must be associated with an identical use that is permitted in both the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning Area or the development intensity from a Sending Area associated with a Land Use that is not permitted in the Receiving District PD/PD Planning Area or is not the same as the land use to which the transferred Development Intensity will be assigned,must be converted to a specific use permitted in the Receiving District, in accordance with Section 8 of this Article. The calculation of all conversions must comply with the conversion rates established in Exhibit D. Land Uses may only be converted into non-residential use; there shall be no conversion of a non-residential use or a residential use into a multi-family residential use. "Development Intensity Bonus" means an additional square foot of transferred Development Intensity allowed for each square foot of Development Intensity severed from a Sending Property as an incentive for setting aside Public Land described in this ordinance(Section 6). Development Intensity Bonuses are added to the Development Intensity, severed from a Sending District PD/PD Planning Area upon Transfer and do not increase or diminish the Development Intensity that has not been severed. A Development Intensity Bonus is added to the Development Intensity severed after severance, thereby increasing the total Development Intensity Transferred. The Sending District party may benefit from the bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus is granted for Public Land set aside by the Receiving District party, then the benefits of the Transfer accrue to the Receiving District party. "Development Plan"is a specific plan describing how a PD/PD Planning Area is to be developed according to its approved uses in the ordinance establishing that particular PD/ PD Planning Area as it may be amended from time to time. Further, where applicable,the Development Plan for a PD/PD Planning Area is subject to the general requirements of the Town's PD regulations. "Dual Eligibility Districts" shall mean an area identified in Exhibit C, portions of which can serve as a Sending District when associated with a Sending District or serve as a Receiving District when associated with a Receiving District. The determination as to whether a PD/PD Planning Area located in the Dual Eligibility District is to be designated as a Sending District or a Receiving District shall be determined by the Town Manager or designee and thereby identified as eligible to move forward for consideration of Severance and/ or Transfer by the Town Planning Commission and Council. Disagreement with a designation by the Town Manager may be appealed to the Town Council. "Land Use Character Districts" shall mean districts as defined within the Land Use Plan section of the Westlake 2015 Comprehensive Plan which describe the build-out qualities and aspects of various sectors of the Town labeled as either Regional Commercial Community, Community Commercial, Town Core Community, Town Common, Open Space Community, or Pastoral Community. Ordinance 817 Page 3 of 19 "Planned Development Districts" or"PD" shall mean those zoning districts that have specific zoning and development regulations for a specific geographically defined area as adopted in the ordinance establishing a specific PD (and as may be amended) as well as, where applicable, is subject to the general PD zoning regulations of the Town. Only properties zoned as a Planned Development are eligible for TDI. "PD Planning Area" shall mean a Planned Development sub-district created by the Planned Development Ordinance and to which Development Intensity is assigned by that ordinance. "Public Land" shall mean land that remains undeveloped by the property owner and is set aside for any of the following purposes: a. Open Space that implements or compliments the Parks, Trails, and Open Space Plan Element of Westlake's Comprehensive Plan and is not credited toward meeting the open space requirements of the regulating Planned Development Ordinance. b. Public facility site including fire stations,police stations,city hall, public civic halls/centers, public museum, library, public school or other such use that the Town agrees is a Public Facility. c. Preservation of landmark landforms or other natural landmarks for which the Town seeks preservation. "Public Land Set Aside" shall mean the means by which Public Land is committed to a public use or purpose. Set aside shall be by such means as determined necessary by the Town Council at the time such Council approves a Severance or Transfer. Means of set aside may include(but not limited to): a. Dedication b. Easement c. Contractual Agreement "Receiving District" shall mean the designated area in which a specific quantity of square footage of previously approved non-residential use or a specific number of residential dwelling units of a previously approved residential use is adjoined to a PD/PD Planning Area when transferred from another PD/PD Planning Area located in a designated Sending District, with a corresponding increase in Development Intensity credited to the PD/PD Planning Area located in a district receiving the transfer. "Sending District" shall mean the designated area from which a specific quantity of square footage of previously approved non-residential use or a specific number of residential dwelling units of a previously approved residential use is severed from a PD/PD Planning Area located in a designated district for sending the transfer to another PD/PD Planning Area located in a Receiving District,with a corresponding reduction of the transferred Development Intensity in the district sending out the transfer. "Severance" shall mean the commitment on the part of a land owner having a right granted by a Planned Development Ordinance to develop an amount of non-residential square footage or residential units to limit the use of that right by an official act of severance that is approved by the Town Council. Severed Development Intensity may be held without attachment via Transfer, awaiting a future Transfer. A Severance that is pending Transfer is called a"Severance Pending Transfer". Ordinance 817 Page 4 of 19 "Transfer"shall mean the attachment of an approved amount of non-residential square footage or residential units severed from a PD/PD Planning Area designated as a Sending District to a PD/PD Planning Area designated as a Receiving District. "Transfer of Development Intensity"or"TDI"shall mean the process as established in this Article by which development square footage for approved uses is transferred from one PD/ PD Planning Area to another with the intent to achieve preservation of view corridors and other purposes stated in this Article via increased massing of certain permitted uses in the designated Receiving District with an off-setting decrease of massing of the same permitted use(s) in the designated Sending District. Section 102-291. — Zoning Districts Eligible to Participate in TDI. Only properties zoned as a Planned Development are eligible to be considered for TDI. Only the Development Intensity authorized by the PD/ PD Planning Area and associated with land uses that are permitted by the PD/PD Planning Area(as defined in this Article) shall be eligible for consideration to be Severed or Transferred by the Town: a. Only Development Intensity associated with the same permitted use in both the Sending District and the Receiving District, or a Development Intensity associated with a Land Use in a Sending District that is converted to an equivalent Development Intensity for a Land Use permitted in the Receiving District using the conversion rates established in Exhibit D, can be considered for TDI and Transferred. b. Only TDI requests determined to meet the intent and criteria of the Comprehensive Plan will be considered eligible for consideration under this Article.A Development Intensity Severance and/or Transfer must be approved by the Town Council as the Council determines appropriate to the Town. A property owner of property located in a PD/ PD Planning Area does not have a right to sever or transfer. c. TDI requests for properties that wish to exceed the maximum Development Potential as established by Exhibit A shall do so with Town Council approval. Section 102-292.—Sending Districts, Receiving Districts, and Dual Eligibility Districts. a. Sending Districts, Receiving Districts, and Dual Eligibility Districts are identified in Exhibit C. When PD/PD Planning Area lies partially within a Sending District or a Receiving District or lies within a Dual Eligibility District, the Town Manager or designee shall make a recommended determination whether the entire PD/PD Planning Area is a Sending District or a Receiving District and such recommended determination shall be confirmed or modified by the Town Council upon approval of an application for Severance or Transfer. Any adjustment to the general boundaries of Sending Districts, Receiving Districts, or Dual Eligibility Districts resulting from such recommended determinations of the Town Manager or Designee shall be documented by making revision to Exhibit C and Exhibit A, when applicable, reflecting the Council's final determination. b. After a Severance of Development Intensity, a Sending District PD/PD Planning Area may be developed for any remaining amount of Development Intensity remaining after such severance. If the Sending District property qualifies to benefit from and is granted a transfer bonus for setting aside Public Land in the Sending District, then any subsequent development of that property must Ordinance 817 Page 5of19 implement the Public Land use or purpose for which the bonus was granted. Any documentation of the severance in accordance with this Article must document the Public Land set aside. c. After a Transfer of Development Intensity, a Receiving District PD/PD Planning Area may be developed for any amount of Development Intensity specified in the Transfer plus any additional Development Intensity permitted by the regulating PD Ordinance provided that the Building Envelope prescribed for the Community Character District,in which the receiving PD/PD Planning Area is located, is not exceeded. If the Receiving District PD/PD Planning Area qualifies for and is granted a transfer bonus for setting aside Public Land within the Receiving District, then any subsequent development of that property must implement the Public Land use or purpose for which the bonus was granted. Any documentation of the Transfer in accordance with this Article must document the Public Land set aside. d. When a severance separates 100% of the eligible Development Intensity, the affected property: 1. Must immediately plat to show Public Land set asides, if such set aside was part of the severance approval; 2. May be used to product agricultural or forest products; and 3. May be placed within a conservation easement granted to a conservation trust. 4. Must be noted on the Master TDI Log as a "ineligible" until and if such property is rezoned. e. When a Transfer would occupy 100% of the Building Envelope as identified in Exhibit A, the PD/PD Planning Area cannot receive any additional Development Intensity and the property will be noted on the Town's Master TDI Log as "Ineligible" until and if the property is rezoned. f. The Town Council may approve a severance without identifying a PD/PD Planning Area to which the severed Development Intensity will be affixed via transfer. A property owner may hold such severance until a transfer can be identified. Un-affixed severance is noted on the Town's Master TDI Log as "Un-affixed". This provision is expressly intended to facilitate those property owners who develop a property according to market demand but below the Development Intensity permitted by the regulating PD Ordinance and wish to retain unused Development Intensity for a future transfer.Any un-affixed Development Intensity that remains with the severance due to limits imposed by the limited capacity of a Receiving District Building Envelope may only be transferred to another Receiving District property through the processes set out in this Article and upon approval by the Town Council. CF. Once Development Intensity is severed from a PD/PD Planning Area, the current property owner and any future property owners are obligated to limit development of the property from which Development Intensity has been severed to the portion of development intensity, permitted by the Planned Development Ordinance that has not been committed to severance. The severance limitation remains in effect until the property is rezoned. Section 102-293.—Development Intensity Bonus. a. When an applicant for a Severance and/or a Transfer of Development Intensity wishes to withhold land from future development and commit such land as Public Land, that applicant is eligible to benefit from a Development Intensity Bonus. Development Intensity Bonuses are added to the Ordinance 817 Page 6 of 19 Development Intensity, severed from a Sending District PD/PD Planning Area and do not increase or diminish the Development Intensity that has not been severed. A Development Intensity Bonus is added to the Development Intensity severed after severance, thereby increasing the total Development Intensity Transferred.A Development Intensity Bonus is only granted as an incentive to set aside Public Land. The Sending District Party may benefit from the bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus is granted for Public Land set aside by the Receiving District Party, then the benefits of the Transfer accrue to the Receiving District party. The bonus established below is only granted to benefit either the Sending District party or the Receiving District Party, depending on which party sets aside Public Land. If both parties set aside Public Land, then the Town Council shall determine what the appropriate bonus shall be. b. Only the following Public Land set asides are eligible to be considered for a Development Intensity Bonus: 1. Open Space that implements or compliments the Parks, Trails, Open Space Plan Element of Westlake's Comprehensive Plan and is not credited toward meeting the open space requirements of the regulating Planned Development Ordinance. 2. Public facility site including fire stations, police stations, city hall, public civic halls/centers, public museum, libraries, public schools, or other such use that the Town agrees is a Public Facility. 3. Preservation of landmark landforms or other natural landmarks for which the Town seeks preservation. c. Development Intensity Bonus for each of the above listed eligible Public lands is calculated based on the transfer ratios listed below and in accordance with the methods portrayed in the following example diagram: Ordinance 817 Page 7 of 19 At 100 ac.Bonus= .650— 1.65 x the square .600 .550 feet.Transferred m .500— ° .450— At 50 ac.Bonus= n .400— -------------------------- 1.40 x the square 320 . ♦♦ ♦ feet.Transferred :vl .240— ♦♦ CO .160— .080— L 160—.080— ♦♦ � 0 0 0 0 0 0 0 0 0 0 � N m a LD n W rn .+ BONUS EXAMPLE USING Acres OPEN SPACE AND NOW RESIDENTIAL LAND USE Transfer Bonus= Transfer Bonus= .008 sf/1 sf .005 sf/1 sf Transferred Transferred Oac-50 ac. 51ac-100 ac. 1. Open Space: For Public Land up to 50 ac.,0.008 sf will be added to each square foot of severed non- residential use at transfer or .005 residential units will be added to each severed residential unit at transfer for each acre of Open Space. For Public Land between 51 ac.and 100 ac.:The first 50 acres shall be calculated based on the above specified transfer rate applicable up to 50 acres. For additional acreage, over 50 acres, 0.005 sf added will be added to each square foot of severed non- residential use at transfer or .003 residential units will be added to each severed residential unit at transfer for each acre of Open Space over 50 ac. For Public land over 100 acres:The transfer rate shall be determined by Town Council. 2. Public Facility and Preservation Land: Public Land 10 ac or less: 0.02 sf. added to each square foot of the severed non- residential use at transfer or 0.02 residential units added to each permitted residential unit at transfer for each acre of Public Facility Site or Preservation site that is 10 ac or less. Where Public Land for a Public Facility or Preservation is greater than 10 ac.the eligible transfer bonus shall be as follows: (a.) For Public Land from 11 to 50 ac.: 0.005 sf will be added to each square foot of severed non-residential use at transfer or.005 residential units will be added to each severed residential unit at transfer for each acre of Public Facility or Preservation Land greater than 10 ac. Ordinance 817 Page 8of19 (b.)For Public Land from 51 to 100 ac.: The first 50 acres shall be calculated based on the above specified transfer rates applicable to 10 acres and between 10 and 50 acres. For additional acreage, over 50 acres, 0.004 sf added will be added to each square foot of severed non-residential use at transfer or.004 residential units will be added to each severed residential unit at transfer for each acre of Public Facility or Preservation land over 50 ac. (c.) For Public land over 100 acres: The transfer rate shall be determined by Town Council. d. When the Public Land Set Aside is an Open Space and advances the Plan of Westlake Academy, the final bonus non-residential square footage or residential units added to the Transfer may increase by 15%. e. When the applicant for a Severance or a Transfer supports the Westlake Public Art Program in any of the following ways,the applicant shall qualify for a bonus under this bonus Section: 1. When the applicant is a sponsor of a Public Art Competition Event and assumes the financial costs thereof (including prize awards), that applicant may receive a bonus at transfer of the Severed Development Intensity equal to 15% of the Severed Intensity or an additional 15 % bonus added to any bonus received in accordance with item "C" or"D", above (whichever constitutes the larger bonus benefit.) 2. When the applicant donates to the acquisition of Public Art or acquires Public Art for the benefit of the Town and that acquisition is approved and supported by the Town Manager, or designee,and the value of that acquisition is equal to,or greater than,the normal cost of sponsoring a "Competition event" (described in "a." above); that applicant may receive a bonus at transfer of Severed Development Intensity equal to 15% of the Severed Intensity or an additional 15 % bonus added to any bonus received in accordance with item "C" or "D", above(whichever constitutes the larger bonus benefit.). f. If the Severance or Transfer includes a bonus for setting land aside as Public Land, the bonus Transfer can be acted upon simultaneously with such measures that the Town deems acceptable and sufficient to establish the Public Land set aside and its use. Section 102-294.—Relationship to Zoning. a. Development Intensity may only be increased within a designated Receiving District through a Transfer of Development Intensity from a designated Sending District. An increase of Development Intensity through any means other than a transfer of Development Intensity,approved by the Town Council, is prohibited without measures by a property owner to assure that there will be an increased vehicular capacity in the Town Thoroughfare System, as presented in the Town's Official Thoroughfare Plan,required to accommodate an increase in the Town's aggregate Average Daily Trips (ADT's), generated by existing entitlements, or needed to prevent any change in the existing threshold Level of Service (LOS) to LOS E or higher at various intersections of the Regional Arterials and Town Arterials (as identified in the Town's official Thoroughfare plan). b. Only a property zoned as a Planned Development is eligible to participate in the TDI Program presented in this Article. Any property not zoned as a PD may make application to the Town to Ordinance 817 Page 9 of 19 have the development rights currently conveyed through categorical zoning reauthorized in the form of a Planned Development Ordinance which meets the requirements of Chapter 102 of the Town's Code of Ordinances. Section 102-295. — Conversion. When the Development Intensity Severed is associated with a Land Use that is permitted in a Sending District PD/PD Planning Area but not permitted in the Receiving District PD/PD Planning Area to which a Transfer is requested,then the Sending Area Development Intensity must be converted to an equivalent Development Intensity associated with a Land Use permitted in the Receiving District. The process of Conversion requires: a. Determination of the Conversion Rate: Exhibit D shows the conversion rate for a base land use (column A, vertical axis) for each land use listed in conversion land use (Row A, horizontal axis). The conversion rate to use in calculation of the conversion is that rate specified in the cell where the base land use and the conversion land use intersect. b. Calculation of the equivalent Development Intensity:The number of non-residential square footage and/or the residential units severed must be multiplied by the applicable conversion rate to establish an Equivalent Development Intensity. c. Calculation of Applicable Bonus: If a bonus is applicable due to the set aside of Public Land,then the bonus shall be added to the Development Intensity associated with the base land use. d. Disclosure of Calculation: All calculations and identification of land uses used to determine the Equivalent Development Intensity must be full documented in any application for Transfer. Section 102-296. — Approval of a Development Plan Associated with a Transfer Constitutes an Amendment. a. The Council approval of a Transfer constitutes the following: 1. Approval of the affixation of a specified amount of severed Development Intensity to a specific PD/PD Planning Area provided that the additional Development Intensity is applied to identical Land Uses permitted by the Planned Development entitlement in both the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning Area,or a Sending District Development Intensity that has been converted to an equivalent Development Intensity associated with a Land Use permitted in the Receiving District PD/ PD Planning Area. 2. Approval of the "Development Plan" required with each transfer or severance constitutes an amendment/ variance of certain existing development provisions of the Planned Development entitlement (except land use) when such amendments/variances are identified in the Development Plan, required as part of the transfer and/ or severance application. b. The PD amendment/variance granted through approval of the Development Plan is only applicable for the property included in that Development Plan for which requested amendments/variances are identified. All other properties (lots, parcels, or tracts) must comply with the conditions of the Planned Development entitlement. Any PD condition that is not addressed by the Development Ordinance 817 Page 10 of 19 Plan shall remain in force as specified by the entitlement ordinance. Land Uses permitted by the PD/PD Planning Area may only be amended through rezoning. Section 102-297.—TDI Process and Recordation of Approved TDI's. a. Initiation of the TDI Process/Determination of Eligibility for TDI Consideration. Upon inquiry by a land owner, said TDI process shall begin with a pre-application meeting with the owner(s)of the proposed sending and receiving PD's. This pre-application meeting is to determine eligibility for participation in the TDI process. Following this pre-application meeting, a written determination shall be made by the Town Manager or Designee as to the eligibility of the property in question to participate for consideration under the TDI process and certification that the PD/PD Planning Area in which the property is located is a Sending District or Receiving District (designated Sending Districts and Receiving Districts are identified in Exhibit C. If found ineligible to participate in the TDI process,the owners of the land in the PD/PD Planning Area's in question may instead,at their option, apply for a zoning change. If certification as a Sending District or a Receiving District is not deemed by the Town Manager or Designee as possible at the administrative level, the owners of the property in question may seek designation by the Town Council. b. Application for TDI. If the property in question is found to be eligible by the Town Manager,under the criteria established herein, for participation in the TDI process and a written determination has been issued so stating that the owner(s)of the subject property are found eligible,then the property owner may submit a TDI application that, as a minimum, shall contain the following information: 1. Sending and/or Receiving PD/PD Planning Area-a specific field note description and map of the Sending and (if the Severance request includes a Transfer) Receiving PD/PD Planning Area. 2. A specific, quantifiable description of the Development Intensity associated with permitted uses effected by this Severance or Transfer and calculations of what the corresponding reduction in Development Intensity will be for the Sending District and what the corresponding increase in Development Intensity will be for the Receiving District and showing how there is no net increase in approved overall eligible Development Intensity as a result of this transfer except as may be the result of providing Public Land as described in SECTION 6 (B). 3. A Development Plan showing the total impact of the Transfer, specifically including: (a.) all information required for PD site plans as set out in that District's establishment ordinance (as may be amended), and (b.)where applicable as determined by the Town Manager or designee, all information required for Development Plans as set out in the Town's general PD regulations, and (c.)the layout and specific requirements of proposed PD/PD Planning Area amendments/variances needed to accommodate changes to the Sending and Receiving Districts as would be effectuated by the TDI including, but not limited to, location of Building Envelopes, parking, open space and park land and where applicable, Public Land. Land Use is not a permitted amendment or variance. Ordinance 817 Page 11 of 19 (d.)the percentage of total Building Envelope that is occupied by the Transfer and/ or documents the Development Intensity severed from and remaining within the Sending District PD/PD Planning Area. (e.) any and all variances from the regulating PD Ordinance that are necessary to implement the Transfer Development Plan as shown. (£) any and all Public Land set asides that are part of the Severance and/ or Transfer transaction. (g.)building height, building square footage and/or number of residential units. (h.)T.I.A. as applicable in accordance with Ordinance No. c. Additional Information as may be Required. The Town Manager or designee is authorized to require additional information from the TDI applicant as may be needed to determine if the proposed application comports to the Comprehensive Plan or as needed to present this matter to the Town Planning and Zoning Commission and Town Council. d. Master TDI Log. The Town Manager or Designee shall develop all necessary administrative processes and forms to accurately track all applications for Severance or Transfer of any and all approved TDI's and any special conditions attached thereto. The Town Manager or Designee shall have maintained a master list of all approved TDI applications to ensure that: 1. no approved TDI Transfer application represent a net increase in the Development Intensity permitted by the regulating PD ordinance(s) when considering both sending and receiving zoning districts in aggregate in any TDI application unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. 2. at no time will any approved TDI application achieve a net increase in Development Intensity permitted by the regulating PD ordinances for all PD/PD Planning Area's in the Town, considered in aggregate, unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. Section 102-298.—Required Public Hearing and Notices a. Public Process for TDI Consideration. Once the proposed TDI application is deemed complete by the Town Manager or Designee, public hearings shall be scheduled for consideration of the TDI application before both the Planning&Zoning Commission (Commission) and the Town Council (Council). Notices for said TDI public hearings before the Commission and the Council shall be provided in accordance with proposed zoning change notice requirements. Proposed TDI applications scheduled for Commission and Council consideration will be brought forward with a Staff recommendation that includes how this application comports to the Comprehensive Plan. The Commission will conduct the first public hearing on any proposed TDI application. Following this public hearing, the Commission shall make a recommendation to the Council regarding the proposed TDI application. The Council, following conduct of its public hearing on the proposed TDI application, shall approve, modify, or disapprove said application. Ordinance 817 Page 12 of 19 b. Approval of a TDI shall be done by adoption of a zoning ordinance amendment that contains, as a minimum, the following information: 1. Location of the Sending and Receiving PD/PD Planning Area's with field note description and map of the Sending PD/ PD Planning Area and Receiving PD/PD Planning Area's. (a.) A specific, quantifiable description of the approved use associated Development Intensity transferred by the TDI and calculations of the corresponding reduction in Development Intensity for the Sending District and the corresponding increase in Development Square Intensity for the Receiving District,and showing how there is no net increase in the vehicular volume associated with permitted development in aggregate for these specific districts,with this transfer,unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. 2. An amended Development Plan showing: (a.) all information required for PD site plans as set out in that District's establishment ordinance (as may be amended), and (b.)where applicable, all information required for Development Plans as set out in the Town's general PD regulations, and (c.) How the Development Plan is now amended to accommodate changes to the Sending and Receiving Districts as effectuated by the TDI including,but not limited to, location of Building Envelopes, parking, open space and park land, and (d.)Any public land set asides (by any means described in Section 6), if applicable. Ordinance 817 Page 13 of 19 Exhibit A: Building Envelope 'u E 'u E W u9 U E (DE Z � L v O W E U C Ln E O W O 3 ao U 0 cc BUILDING ENVELOPE ASPECTS o D= View Shade Zone a Height shall not exceed ee above mean sea level or the height recommended herein, whichever is shorter. The heights identified are for non-residential Development Intensity only. All Single-Family uses are limited to four(4) • Recommended 65 85 135 • Suitable** 75 95 140 Site FAR • Recommended .5:11.6:11 .9:1 • Suitable 1-5:11.7:111.4:1 Single Family Detached Units/AC • Recommended 2 5 X*** • Suitable 3 5 X*** SF Attached Units/AC • Recommended 5 6 X*** • Suitable 6 6 X*** u t1- ami y: Development Intensity otmulti-ra—milly cannot be increased via transfer. * When the Town Council determines that an area not already identified as a Receiving District shall be a Receiving District, the Building Envelope Aspects shall be establish at the time of such determination and this Exhibit shall be amended to include the new Receiving District. ** The suitable height specified herein may be adjusted by the Town Council in conjunction with the approval of a Transfer Request. *** Single-Family density in the Regional Commercial Land Use Setting shall be determined by the Town Council in conjunction with the approval of a Transfer Request. Ordinance 817 Page 14 of 19 Exhibit B: Eligible Development Intensity Eligible Development Intensity Non-Residential Building Area(Sq.Ft) Residential Units PD 1-1** Hotel and Conference,Retail,Office, Education,Government and Institutional, 2,820,000 Sports and Health Club PD 1-2 Residential 322 Agriculture,Institutional and Governmental, Commercial,Amusement/Recreation,Auto 460,500 Services,and Wholesale Trade PD 1-3 Residential 84 PD 2 Office 5,217,752 PD 3-1 Office 58,806 Residential 513 PD 3-3 Office 1,014,000 Hotel 350,000 PD 3-4 Office 558,355 Hotel 750,000 Retail 360,940 Mail 1,630,000 PD 3-Sa Office 930,000 Mixed-Use 350,000 Residential(SF) 275 PD 3-5b Office 1,160,000 PD 3-6 Office 1,207,486 Retail 110,650 Residential(SF) 40 P D 3-7 Office Campus 2,940,300 Residential(SF) 60 PD 3-8 Office 1,048,707 Office Campus 775,346 Office/Industrial 1,099,019 Retail 131,769 PD 3-9 Office 27,443 Retail 978,793 Mixed-Use 660,587 Residential(MF) 330 PD 3-10 Retail 133,633 PD 3-11 Retail 141,487 PD 3-12 Conference,Education,Data Center,and 1,250,000 Hotel PD 4 Residential(SF) 1 28 *Eligible Development Intensity is the difference between the Development Intensity specified in this Exhibit and any portion ofthat Development Intensity already developed orcommitted to development by an approved PD Development Plan,PD Site Plan,Approved Transferor Severance,or building permit. **per Ordinance 202 as may be amended or replaced by Council action Ordinance 817 Page 15 of 19 t J u,�� 1/ ���� ■ RECEIVING DISTRICTS J / ■DUAL ELIGIBILITY DISTRICTS I 1 SENDING DISTRICTS i 114 OS x no \ a RC-B CD TCO 1 c CCl-B ' TC-13 ao C2-B OS pe�olccewa % x i OS OS 0 1 TC-B 377 ' PC-A CO-A OC SSS i J 11ove Rd. C 1 PC-A Bt:�]� l �TJ ,j PC-A PC- . c_ Dove Rd. m d PC-A ! �' PC-A `� - OS — - 1 i II v�o a CD =' C:) Exhibit D: Conversion Rates New Use a c c � m � Y3 � E aci $ � U ra Do c v Wa U E B b x a o �. 0 a � x � w Recreational/Sports and Health Club 1000/1000 2000/1000 2222/1000 4rm/1000 1034/1000 1600/1000 3333/1000 Auto Service 500/1000 1000/1000 1111/1000 2rm/1000 522/1000 800/1000 1667/1000 Data Center • 25/1000 50/1000 56/1000 SOrm/1000 26/1000 40/1000 83/1000 Education/Government/Institutional 450/1000 900/1000 1000/1000 1.8rm/1000 465/1000 720/1000 1500/1000 Hotel and Conference 250/1rm 500/1rm 556/1rm Srm/lrm 259/Srm 400/Srm 833/1rm Mall 968/1000 1935/1000 2150/1000 3.87rm/1000 1000/1000 1548/1000 3225/1000 cn Mixed-Use 625/1000 1250/1000 1 1389/1000 2.5rm/1000 646/1000 1000/1000 2083/1000 Office 300/1000 600/1000 567/1000 1.2rm/1000 310/1000 480/1000 1000/1000 c Office Campus 286/1000 571/1000 634/1000 1.15rm/1000 295/1000 457/1000 952/1000 Offfce/Educational 315/1000 629/1000 698/1000 1.26rm/1000 325/1000 503/1000 1048/1000 w Office/Industrfal 175/1000 350/1000 389/1000 .7rm/1000 181/1000 280/1000 583/1000 Residential(MF) 166/1unit 333/lunit 369/lunrt .67rm/lunit 172/lunft 266/Sunit 553/Sunft Residential(SF) 238/lunit 476/lunit 529/lunit .96rm/lunit 246/Sunit 380/lunit 794/lunit Retail 1068/1000 2135/1000 1 2372/1000 4.27rm/5000 1103/1000 1708/1000 3558/1000 Wholesale Trade 125/1000 250/1000 278/1000 .5rm/1000 129/1000 200/1000 417/1000 Amusement 2000/1000 4000/1000 4444/1000 8rm/1000 2067/1000 3200/1000 6667/1000 Conference 200/1000 400/1000 1 1444/1000 .8rm/1000 207/1000 320/1000 667/1000 nav use/existing use New Use CI E m v vcc C s E ° U O O 0Cr Recreational/Sports and Health Club 2817/1000 3200/1000 5714/1000 4.21u/5000 937/1000 8000/1000 500/1000 5000/1000 Auto Service 1751/1000 1600/1000 2857/1000 2.10n/1000 468/1000 4000/1000 250/1000 2500/1000 Data Center so 88/1000 80/1000 143/1000 .11u/1000 23/1000 200/1000 12.5/1000 125/1000 Education/Government/Institutional 1576/1000 1440/1000 2571/1000 1.89u/3000 422/1000 3600/1000 225/1000 2250/1000 Hotel and Conference 870/1rm 800/lrm 1429/Srm 1.05u/lrm 234/lrm 2000/lrm 125/1rm 1250/1rm Mall 3389/1000 3096/1000 5529/1000 4.07u/1000 906/1000 7740/1000 484/1000 4838/1000 Mixed4Use 2189/1000 2000/1000 278/1000 2.63u/1000 585/1000 5000/1000 313/1000 3125/1000 ) Office 051/1000 960/1000 3571/1000 1.26u/1000 281/1000 2400/1000 150/1000 1500/1000 c Office Campus 1000/1000 913/1000 1631/1000 1.20u/1000 267/1000 2284/1000 143/1000 1428/1000 H Office/Educational 1101/1000 1000/1000 1795/1000 1.32u/1000 294/1000 2514/1000 157/1000 1571/1000 Offrce/Industrfal 613/1000 560/1000 1000/1000 .74u/1000 164/1000 1400/1000 88/1000 875/1000 Residential(MF)* 581/1unft 532/lunit .95u/lunit .70u/lunit 156/1unit 1330/lunit 83/lunit 840/lunit Residential(SF) 833/unft 758/lunit 1.36u/1unit lunft/lunit 223/lunit 1910/lunit 119/Sunft 1190/lunit Retail 3739/1000 3416/1000 6100/1000 4.49u/1000 11000/100018540/1000 534/1000 5338/1000 Wholesale Trade 438/1000 400/1000 714/1000 .53u/1000 117/1000 1000/1000 63/1000 625/1000 Amusement 7005/1000 6400/1000 11429/100 8.4lu/1000 1874/100016000/10001000/1000 10000/1000 Conference 700/1000 640/1000 1143/1000 .844u/1000 187/1000 1600/1000 100/1000 1000/1000 new use/existing use * Multi-family may be converted to any use presented in the table, but no use may be converted into multi-family. ** Data Center Conversions in Exhibit E Ordinance 817 Page 17 of 19 Exhibit E: Conversion Rates for Data Centers(DRAFT) iu U Cz CzCz Q Recreation. Sports and health Club 3550/1000 Auto Service 1751/1000 Data Center 1 nnn/1 nnn Education/Government/Institutional 1576/1000 Hotel and Conference 870/ lrm Mall 3389/1000 Mixed-Use 2189/1000 Office 1051/1000 Office Campus 1000/1000 Office/Educational 1101/1000 Office/Industrial 613/1000 Residential (MF) 581/ 1 unit Residential (SF) 833/ 1 unit Retail 3 73 9/1000 Wholesale Trade 438/1000 Amusement 7005/1000 Conference 700/1000 * Office Campus conversion ratio used for conversion of other uses into data center. Ratios above should be read as sf of Data Center/sf of Existing Use" Ordinance 817 Page 18 of 19 SECTION 3: All rights and remedies of the Town of Westlake,Texas,are expressly saved as to any and all violations of the provisions of the prior ordinance sections which existed at the time of the effective date of this Ordinance; and, as to such accrued violations and all pending litigation,both civil and criminal,whether pending in court or not,under such ordinances,the same shall not be affected by this Ordinance but may be prosecuted until final disposition by the courts. SECTION 4: 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. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This Ordinance shall be cumulative of all provisions of ordinances of the Town except where the provisions of this Ordinance are in direct conflict with the provisions of such ordinances, in which event the conflicting provisions of such ordinances are hereby repealed. 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 23RD DAY OF JANUARY 2017. Laura heat, Mayor ATTEST: CJ Kelly EdvvaMs, Town Secretary Thomas E. Sry m Manager SOV- W Es;?, APPROV D ,AS TO ORM: {o . L._-Stdnton Lwrr"Attorney E)(Nom' Ordinance 817 Page 19 of 19 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton Sr. Invoice Number: 339204981 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/27/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 1/29/2017 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33920498 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 1/26/2017 1/27/2017 Llescripti+ n ,.,. �. Ll � e NItT Rate Amarnt. If � ; TOWN OF WESTLAKE ORDINANCE 817t �AR� 32 32 LINE $6.14 $392.84 AN{3ROMANCE OE I}IE TO1 iN{ WESTLAKE' TEXAS,;AMENDING ; CHARTER 102 ZONING, ARTICLE Misc Fee VII - PLANNED DEVELOPMENT $10.00 REGULATIONS, BY ADDING A SECTION FOR TRANSFER OF DE- VELOPMENT INTENSITY STAN- DARDS; PROVIDING A PENALTY, PROVIDING A SAVINGS,CLAUSE, PROVIDING FOR PUBLICATIONS Net Amount: $402.84 PROVIDING; FOR- SF,VERABILI7Y, PROVIDING. FOR RESEAL , OF } kE IAIG O It3� PRO IfBG � � �IV cA , LI IN Awl >sEC TItfE DA�`E:'�E�T'I�► TSL�>t�Y; �- � fi�trfotPOraratdcns�rl �In ' ori �ir1i sIaT1 rW �r� aal�te,# ICY x cid: r, 1 i odd'b�Ortl�natwes, County of Tarrant 61 of ttake, and uPcsti convict'on`sho'be Punishable, d fine not to exceed the stnn of Two;, Thousand',Dollars � 2,000.00Y fol' Before nw,a Notary Publre in and for said Count each offense, Each day•that:a,pp g g iiiu PierI as teeoffeh�aeti7 earedLeticias�rria a,Bids eh L� at Coordinator or the Star-Tete ram,publishedby the Star-Tel RA ED AND'APPkOVEb 6M TMSr ant County,Taw::and who after bei dut sworn, f g p y 23rd DAY OF jn�uAY 20 ftJ, '� y did depose and say that the attached clipping of advertisement was published in the above named paper on the Luted dates: BIDS eh'LBGALS DEPT Star-Telegram.(,SUBSCRIBED AND SWORNTO BEFORE MB, THIS D. YOF JMNSOj2017 ined CHR! 'lY LPOLLAND Me PA ►W N0EgWyPUBLI 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: 339204981 Invoice Amount: $402.84 PO Number: Amount Enclosed: $