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Ord 322 Amending the Zoning for property located in Planned Development PD 3-8 ORDINANCE NO. 322 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, TO ADD PERMITTED AND ACCESSORY USES TO "TRACT 8-3", AN APPROXIMATE 41.281-ACRE TRACT OF LAND WITHIN PLANNED DEVELOPMENT ZONING DISTRICT PD 3-8; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on the 14`t day of September, 1998, the Board of Aldermen adopted Ordinance No. 314 rezoning an approximate 222.6-acre tract of land to a Planned Development District known as "PD 3-8" and authorizing office, office/industrial, and retail uses; and WHEREAS, AIL Investments, L.P., as owner of the approximate 222.6-acre tract of land has submitted an application to amend PD 3-8 to allow additional uses and accessory uses on an approximate 41.281-acre tract of land only, known as Tract 8-3 within PD 3-8; and WHEREAS, the Planning and Zoning Commission ("Commission") and the Board of Aldermen ("Board") of the Town of Westlake held public hearings upon the application of AIL Investments, L.P. to amend the permitted and accessory uses for Tract 8-3 only within PD 3-8, after written notice of such hearing had been sent to owners of real property within 200 feet of the property and notice was published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, the Commission has recommended to the Board that the additional permitted and accessory uses on Tract 8-3 within PD 3-8 be approved; and WHEREAS; the Board believes that the interests of the Town, the present and future residents and citizens of the Town , and developers within the Town are best served by adopting this Ordinance, which the Board has determined to be consistent with the 1992 Comprehensive Plan, Thoroughfare Plan, and Open Space Plan, all as amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, as amended by Ordinance No. 314, is hereby further amended by this Ordinance by authorizing the permitted, accessory, and special use permitted uses as set out in Exhibit 1 attached hereto by reference for all purposes Ordinance No. 322 Page 2 only within the property known as Tract 8-3, an approximate 41.281-acre tract of land within Planned Development District PD 3-8, which is more fully described in Exhibit 2 attached hereto by reference for all purposes. SECTION 3: Upon the adoption of this Ordinance, the Town secretary shall promptly enter a notation on the Town's Official Zoning Map that PD No. 3-8 is amended for this tract of land, and the Ordinance Number and date that this Ordinance was adopted by the Board. SECTION 4: It is hereby declared to be the intention of the Board of Aldermen 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 Board of Alden-nen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PASSED AND APPROVED by the Board of Aldermen of the Town of Westlake, Texas, on this the 14`x' day of December, 1998. ATTEST: Scott Bradley, Mayor tinge rosswy, Town, Secr APPROVED AS TO FORM: aul C. Isham, Town Attorney LEGAL DESCRIPTION BEING a tract of land situated in the William Huff Survey,Abstract Number 648, Town of Westlake, Tarrant County, Texas and being a portion of that tract of land conveyed to Lakeway Land Ltd.,Et al, recorded in Volume 12625,Page 504 of Deed records,Tarrant County, Texas and being more particularly described by metes and bound as follows: COMMENCING at the intersection of the southerly right-of-way line of State Highway 170 (a variable width right-of-way)with the easterly right-of-way line of U.S. Highway 377 (a variable width right-of- way); THENCE along the easterly right-of-way of said U.S.Highway 377 the following courses and distances: S 29"14'08"W, 263.27 feet; S 32`1730"W, 304.38 feet; S 36 033'35"W, 266.28 feet to a 518 inch iron rod with cap stamped"Carter&Burgess" set, at the POINT OF BEGINNING; THENCE S 53°27'27"E, 36.51 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set, at the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 543.30 feet,through a central angle of 51°52"52", having a radius of 600.00 feet,the long chord of which bears S 79°23'53"E5 524.93 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE N 74 039'41"E, 487.80 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter& Burgess", set; THENCE S 03"11'16"E, 122.59 feet,to a 518 inch iron rod with plastic cap stamped "Carter&Burgess", set at the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 396.18 feet,through a central angle of 35'28'06", having a radius of 640.00 feet,the long chord of which bears S 20'55'19"E, 389.89 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE S 38 039'23"E, 60.12 feet,to a 518 inch iron rod with plastic cap stamped "Carter&Burgess", set at the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 77.58 feet,through a central angle of 88'54'11 having a radius of 50.00 feet,the long chord of which bears S 05'47'42"W, 70.03 feet,to a 5/8 inch iron rod with plastic cap stamped "Carter&Burgess", set at the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 247.78 feet,through a central angle of 05'56'24", C&B Job No. 981500210 S#CTR December 29, 1998 J:\JOB\98150021\SUR\WP\LEG\50OV21CP.LEG Page 1 of 2 having a radius of 2390.00 feet,the long chord of which bears S 47'16'36"W, 247.67 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE S 44"18'24"W, 416.93 feet,to a 518 inch iron rod with plastic cap stamped "Carter& Burgess", set, at the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 1549.49 feet through a central angle of 77'52'36", having a radius of 1140.00 feet,the long chord of which bears S 83'14'42"W, 1432.94 feet, to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE N 57049'00"W,93.96 feet,to a 518 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE N 12°06'29"W,90.81 feet,to a 5/8 inch iron rod with plastic cap stamped "Carter&Burgess", set, in aforementioned easterly right-of-way of U.S.Highway 377, at the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 160.41 feet,through a central angle of 02°27'16", having a radius of 3744.72 feet,the long chord of which bears N 35'18'54"E, 160.40 feet, to a 518 inch iron rod with plastic cap stamped"Carter&Burgess", set; THENCE N 36 032'32"E, 1192.06 feet,with said easterly right-of-way,to the Point of Beginning and containing 1,798,200 square feet or 41.281 acres of land more or less. C&B Job No. 981500210 S#CTR December 29, 1998 J:1JOB1981500211SUR1WP1LEG1500V21CP.LEG Page 2 of 2 1717 Main Street Suite 2800 Dallas,Texas HUGHES & LUCE,L.L.P. 5201 214/939--5500 214 1 939-6100(fax) 214/939-5849(pc fax) www.hughesluce.com Attorneys and Counselors December 2, 1998 Other Offices Writer's Direct Dial Number Interact Address Austin 214/939-5462 venturtn@hughesluce.com Houston Town of Westl Via Hand Delivery c/o Paul G. am Town orney 140 Abram, Suite 209 ington, Texas 76013 Re: Application for Zoning Change to PD 3-8, Westlake, Texas Dear Mr. Isham: An Application for Zoning Change (the "Application") to PD 3-8, Westlake, Texas, was submitted to Ginger Crosswy at the Westlake Town Hall on or about November 17, 1998. Attached to the Application was a Proposed Amended Land Use Schedule (the "Proposed Schedule"). We have made a few minor changes to the Proposed Schedule (the "Revised Schedule"). Please find enclosed the Revised Schedule. Also enclosed is a red-line draft of the Revised Schedule, marked to show changes from the Proposed Schedule. I am sending these documents to your attention because it is my understanding that the Westlake Town Hall is closed until Monday, December 7, 1998. Consequently, I am unable to deliver these documents to Ginger. If you require more information or additional copies of the Revised Schedule, please contact me. Sincerely, �'! Misty M. entura cc: Xinger Crosswy(w/encls. - via U.S. Mail) Terry Morgan(w/o encls. - via fax) Bill Resch(w/o encls. -via fax) Ike Shupe (w/o encls.) A Registered Limited Liability Partnership Including Professional Corporations 007510.00019:0396981.01 PROPOSED AMENDED LAND USE SCHEDULE CIRCLE T PLANNING AREA S -WEST COMMERCIAL PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP Rem` offiw omtnd wbric use _..................................................... ................. Orchard X X X X Plant Nursery(Growing) X X X X Plank Nursery(Retail Sales) X X X Farms General(Crops) X X X X Farms General(Livestock,Ranch) X X X X Veterinarian(Jndoor Kennels) X Veterinarian(Outdoor Kennels) Stables(Private Use) S Stables(As a Business) S TtlST1J ]Clt4 >ETIaS` .... ..::...... .. Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quarters A A Temporary Accommodation for A A Employees/Customers/Visitors Swimming Pool(Private) Aq Detached Garage(Private) Spori/Tennis Courts(Private) A7 �rOYLRI'?MEiYTiALr.1JSE.i. .. Emergency Ambulance Service x Xr Post Office(Governmental) X X Mailing Service(Private) X X Heliport A2 HelistopfVerti-stop X X Telephone,Electric,Cable,and Fiber X X X Optic Switching Station Electrical Substation S S S Utility Distribution Lmes4 X X X Utility Shop and Storage S S S Water and Sewage Pumping Station X X X (below grade) Water and Sewage Pumping Station X X S (above grade) November 16, 1998 PA 8 -West Commercial Page 3 007510.00019:0392902.04 PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP RetaiY office I oPptnd Pub& Use Water Storage Tank and Pumping System X X S (Elevated or Above Grade) Water,Sewer,Electric,and Gas Meters X X X Electric Transformers X X X Private Streets/Alleys/Drives X X X X Retirement Home X X Nursing/Convalescent Home X Hospice X X Hospitals X X Psychiatric Hospital X X Cline X X x Child Daycare(Public,7 or more) X X X Child Daycare(Private;7 or more) A School,K-12(Public or Private) S S S School(Vocational) X X X College or University X X X Community Center(Public) X X x Civic Club X X X Church or Place of Worship X X X Use Associated to a Religious Inst. X x X Government Building X X X X Police Station X X X X Fire Station x x X X Library X X X X Data Center ............................................................................................. ................... ...................................... ..... 411lIML'RIAhU _. Multifamily(Apartments) Offices(General)s X X X Studio X x X Banks and Financial Institutiom X X X Information Processing X X Hotel/Motel X X X Hotel/Motel with Conferencing Facility X X X Laundry/Dry Cleaning.(<3,000 S.F.) X A Laundry/Dry Cleaning(Drop/Pick) X A Shoe Repair X A A Beauty Parlor/Barbershop X Az Clothing Store X A� Quick Copy/Duplicating Services x A X Personal Services X X X Liquor Store x Micro-brewery and Wine Production and X Sales(630,000 S.F.) November 16, 1998 PA 8-West Commercial Page 4 007510.00019:0392902.04 PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP lac, 00nd 11*10 Use Grocery X A2 Convenience Store X A Service Station X Drug Store X A Variety store X Az Bakery Sales X A� Stationery and/or Book Store X A2 Antique Shop X Art Gallery/Museums X Ax Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores-General X AZ (Lxcluding Second Hand Goods) Restaurant,Cafe or Dining Facility X A A Auto/Track Parts and Accessories S Household Furniture/Appliances X (including Sales and Service) Farmer's Market X Feed Store X Parking Structure A A A Cafeteria(Private) A X Job Printing,Lithography,Printing,or X X X Blueprinting VehicIe Display and Sales(inside) Medical Laboratory A3 R&D Laboratory A� Conference Center AZ Live Theater X X X Motion Picture Theater X Custom Business Services Electronic Appliances Store and Computer Sales and Service Tavern,Bar or Lounge Dance Halls/Nightclubs Al4IiTSEMENT/RECREATION Golf Course(Public or Private) x X X Park or Playground(Public or Private) X X X Satellite Dish X X X Non-Commercial Radio Tower S S S Race Track Operation S S Recreation Facility,Health Studio X X X (Public) November 16, 1998 PA 8 -West Commercial Page 5 007510.00019:0392902.04 PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP putaq, Orrice OWW Public Use Country Club(Private Membership) x x x Goff Clubhouse(Public or Private) x x Conunurdty Center(Private) Recreation Center(Private) x x Hike,Bike,and Equestrian Trails(Public x x x x or Private) Golf Maintenance Facility Golf Pro Shop Health/Spa Facilities(Private) x x x Athletic Fields(Unlighted,Private) Az Athletic Courts(Private) A Equestrian Center Athletic Courts(Public) A Commercial Amusement(Inside) Lake Cruise/Water Taxi ..... ... ............ . ............. MV ...... A 0'$ ................— Truck/Trailer Rental Auto Body Repair 8 S Auto Mechanical Repair S S Quick Lube/Oil Change S S Vehicle Maintenance(Private) S S Vehicle Fueling(Private) .................... . . .............. ..... ...... .. . .......... . ... ........... ......................... ............I...................... Warehouse/Storage(Inside) x Warehouse/Storage(Outside) S Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage AZ S Light Manufacturing/Assembly x Apparel Manufacturing x Packaging and/or Distribution x Printing,Engraving and related x Reproductive Services Distribution of Books/Other Printed x Material Machine Shop S Welding Shop S Temporary Batching Plant S 8 S S Temporary Construction Office )e )e Temporary Construction Materials )C x7 )r Storage Temporary Sales Office S S November 16, 1998 PA 8-West Commercial Page 6 007510.00019:0392902.04 NOTES: 1. Individual retail occupants(except grocery store and drug store) cannot exceed 25,000 square feet. 2. Limited to an accessory use to the"hospital' or"clinic"permitted uses. 3. Limited to a permitted use in Tract 8-3 only. 4. Including water,sewer,electric, gas,cable,telephone,fiber optic, and other public and private utility distribution lines. 5. Includes emergency clinic and medical clinic. 6. Includes medical office and medical treatment. 7. Limited to period of construction.. November 16, 1998 PA 8 -West Commercial Page 7 007510.00019:0392902.04 This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences between- original document : G:IDATAIDALLASIVENTURM10392902.03 and revised document: C:IDOCSIVENTLFRM10392942.04 CompareRite found 9 change(s) in the text Deletions appear as overstruck text Additions appear as double underlined text November 16, 1998 PA 8 -West Commercial Page 8 007510.00019:0392902.IdED PROPOSED AMENDED LAND USE SCHEDULE CIRCLE T PLANNING AREA 8 -WEST COMMERCIAL PERMITTED USES SUB-AREAS X=Pernittcd,A=Acccssory Use,S=SUP P--tal office OfVInd Public Use q;;WX ......................... . ................ .................. ........... ... ...... ........... Orchard X X X X Plant Nursery(Growing) X X X X Plant Nursery(Retail Sales) X X X Farms General(Crops) X X X X Farms.General(Livestock,Ranch) X X X X Veterinarian(Indoor Kennels) X Veterinarian(Outdoor Kennels) Stables(Private Use) S Stables(As a Business) s ItSIDKT.................................... .............. .............. .................................. ....... ................. ........... ........ ......— ... 7Y ................I .1: .� .... ................ . ....... ............ ....... .�.I....�..I....I................... Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quarters A A Temporary Accommodation for A A Employees/CustornersArisitors Swimming Pool(Private) Az Detached Garage(Private) SportiTennis Courts(Private) Al .................. ............ .............. .......... ........ . . .......... ....... GOVk ........... m mbn . Emergency Ambulance Service X )0 Post Office(Governmental) X X Mailing Service(Private) X X Heliport A, HelistopfVerti-stop X X Telephone,Electric,Cable,and Fiber X X X Optic Switching Station Electrical Substation S S S Utility Distribution Lines° X X X Utility Shop and Storage 8 1 S S Water and Sewage Pumping Station X X X (below grade) Water and Sewage Pumping Station X X S (above grade) November 16, 1998 PA 8 -West Commercial Page 3 007510.00019:0392902.RED PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP Ma' Office affrind Public use Water Storage Tank and Pumping System X X S (Elevated or Above Grade) Water,Sewer,Electric,and Gas Meters X X X Electric Transformers X X X Private Streets/Alleys/Drives X X X X Retirement Home X X Nursing/Convalescent Home X Hospice X X os i s X X Psychiatric Hospital X X Glifl; Qjju'c6 X X X Child Daycare(Public;7 or mare) X X X Child Daycare(Private;7 or more) A School,K-12(Public or Private) S S S School(Vocational) X X X College or University X X X Community Center(Public) X X X Civic Club X X X Church or Place of Worship X X X Use Associated to a Religious Inst. X X X Government Building X X X X Police Station X X X X Fire Station X X X X Library X X X X Data Center CQ 41MEItCI;4i USES '; . . .. Multifamily(Apartments) Offices(Ge Ge a S X X X Studio X X X Banks and Financial Institutions X X X Information Processing X X Hotel/Motel X X X Hotel/Motel with Conferencing Facility X X X Laundry/Dry Cleaning(<3,000 S.F.) X A Laundry/Dry Cleaning(Drop/Pick) x A Shoe Repair X A A Beauty Parlor/Barbershop X A2 Clothing Store X AZ Quick Copy/Duplicating Services }; A X Personal Services X X X Liquor Store X Micro-brewery and Wine Production and X Sales(<30,000 S.F_) November 16, 1998 PA 8-West Commercial Page 4 007510.00019:0392902.RED PERMITTED USES SUB-AREAS X=Permitted,A=Accessory Use,S=SUP Re b' oei« ®fi7Lrd Publio /' „�cery,.�� Use Grocery X A2 Convenience Store X A Service Station X Drug Store X A Variety Store X A2 Bakery Sales X A2 Stationery and/or Book Store X Az Antique Shop X Art Gallery/Museums X A2 Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores-General X A' (Excluding Second Hand Goods) Restaurant,Cafe or Dining Facility X A A Auto/Truck Parts and Accessories S Household Furniture/Appliances X (including Sales and Service) Farmer's Market X Feed Store x Parking Structure A A A Cafeteria(Private) A X Job Printing,Lithography,Printing,or X X X Blueprinting Vehicle Display and Sales(inside) Medical Laboratory A2 R&D Laboratory Ax Conference Center A2 V Live Theater X X X5 21 Motion Picture Theater X Custom Business Services Electronic Appliances Store and Computer Sales and Service Tavern,Bar or Lounge Dance Halls/Nightcluhs AMUSEMENT/REt,.IM,XrI011 Golf Course(Public or Private) X X X Park or Playground(Public or Private) X X X Satellite Dish X X X Non-Commercial.Radio Tower S S S Race Track Operation S S Recreation Facility,Health Studio x X X (Public) November 16, 1998 PA 8 -West Commercial Page 5 007510.00019:03 92902.RED PERMITTED USES SUB-AREAS X=Permitt4 A=Accessory Use,S=SUP Retail' Mee Oflnnd Public use Country Club(Private Membership) x x x Golf Clubhouse(Public or Private) x x Community Center(Private) Recreation Center(Private) x x Hike,Bike,and Equestrian Trails(Public x x x x or Private) Golf Maintenance Facility Golf Pro Shop Health/Spa Facilities(Private) x x x Alliletic.Fields(Unlighted;Private) A2 Athletic Courts(Private) A Equestrian Center Athletic Courts(Public) A Commercial Amusement(Inside) Lake Cruise/Water Tam :A UTO So— ............... ...... ..... ................... Truck/Trailer Rental Auto Body Repair Auto Mechanical Repair Quick Lube/Oil.Change Vehicle Maintenance(Private) S S Vehicle Fueling(Private) .......................... .............. OL ...... ........................... .......... .... ............... ................ ......... Warehouse/Storage(Inside) x Warehouse/Storage(Outside) S ScrapfWaste Recycling Collection and/or S Storage Gas/Chemical Bulk Storage A z S Light Manufacturing/Assembly x Apparel Manufacturing x Packaging and/or Distribution x Printing,Engraving and related x Reproductive Services Distribution of Books/Other Printed x Material Machine Shop S Welding Shop S Temporary Batching Plant S S S S V/ Temporary Construction Office X5 2C 2? X4 Temporary Construction Materials verve 2C Storage x3 X5 November 16, 1998 PA 8 -West Commercial Page 6 007510.00019:0392902.RED PERMITTED USES SUB-AREAS X=Permitted,A=Acc=oiry Use,S=SUP Retail" Office OXM public Use Temporary Sales Office s s NOTES: 1. Individual retail occupants(except grocery store and drug store)cannot exceed 25,000 square feet. 2. Limited to an accessory use to the"hospital' or""clinic"permitted use Vises. 3. Limited to a permitted use in Tract 8-3 only. 4. Including water, sewer,electric,gas,cable,telephone,fiber optic,and other public and private utility distribution lines. 5,.__jncludp"mergencXgl and medical clinic„ 6. Includes medical office and medical treatmen. 7. Limited to period of construction. November 16, 1998 PA 8-West Commercial Page 7 007510.00 019:03 92902.RED