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04-24-08 PZ Agenda PacketTOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA April 24, 2008 6:00 pm WESTLAKE CIVIC CAMPUS - BOARD ROOM 2600 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON FEBRUARY 28, 2008. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 107 ACRES FROM PLANNED DEVELOPMENT 3- PLANNING AREA 3 (PD 3 -3) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3- PLANNING AREA 12 (PD 3 -12); AUTHORIZING, AMONG OTHER THINGS, A CONFERENCE AND EDUCATIONAL CENTER, DATA CENTER, OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN, REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.22 ACRES FROM PLANNED DEVELOPMENT 3- PLANNING AREA 8 (PD 3 -8) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3- PLANNING AREA 10 (PD 3 -10); AUTHORIZING OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN, REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 5. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.82 ACRES FROM PLANNED DEVELOPMENT 3- PLANNING AREA 9 (PD 3 -9) AND REZONING THAT ACREAGE TO BE CALLED PLANNED DEVELOPMENT 3- PLANNING AREA 11 (PD 3 -11); AUTHORIZING OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN, REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS; LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. 6. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202 and Westlake Civic Campus, 2600 J.T. Ottinger Road, Westlake, Texas, 76262, on Monday, April 21, 2008, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817 - 490 -5710 and reasonable accommodations will be made to assist you. MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING February 28, 2008 PRESENT: Commissioners Tim Brittan, Walter Copeland, and Sharon Sanden. ABSENT: Chairman Bill Greenwood and Commissioner Allen Heath. OTHERS PRESENT: Interim Town Manager Joe Hennig, Town Secretary Kim Sutter, Planning and Development Director Eddie Edwards, DPS Director Don Wilson, and Executive Assistant Ginger Awtry. 1. CALL TO ORDER. Commissioner Sanden called the meeting to order at 7:00 p.m. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON JANUARY 24, 2008. Commissioner Sanden introduced the item and asked for a motion. MOTION: Commissioner Copeland made a motion to approve the minutes as presented. Commissioner Brittan seconded the motion. The motion carried by a vote of 3 -0. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR AN AMENDMENT TO ORDINANCE 202, WHICH CREATED THE ZONING DISTRICT FOR PLANNED DEVELOPMENT 1 (PD1), OWNED BY MAGUIRE PARTNERS - SOLANA LP, IN THE WESTLAKE /SOUTHLAKE ADDITION NO. 1; ADDING ADDITIONAL ACREAGE TO PDl, APPROXIMATELY 84.25 ACRES OF LAND IN THE C.M. THROOP SURVEY, ABSTRACT NO. 1510 AND THE W. MEDLIN SURVEY, ABSTRACT 1958, TARRANT COUNTY, TEXAS; AND APPROXIMATELY 85.91 ACRES OF LAND IN THE C. M. THROOP SURVEY, ABSTRACT NO. 1510, THE W. MEDLIN SURVEY, ABSTRACT NO. 1958, THE WILLIAM PEA SURVEY, ABSTRACT NO. Town of Westlake Planning and Zoning Commission Meeting February 28, 2008 Page 2 of 3 1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT NO. 742, TARRANT COUNTY, TEXAS; GENERALLY LOCATED AT THE SOUTHEAST CORNER OF SH 114 AND PRECINCT LINE ROAD. Interim Town Manager Hennig introduced Director of Planning Development Eddie Edwards. Director of Planning and Development Edwards addressed the Commission regarding the case and advised the Board that the case includes two (2) tracts of land totaling 184.32 acres that is currently zoned "O" Office Park. Mr. Edwards stated that the owner /applicant, Maguire Partners, is requesting a zoning change to PD -1. The owner /applicant currently owns property that'is contiguous to the two tracts and is zoned PD -1, and also desires to amend the regulations of PD -1 to permit a higher maximum building height of 735 feet MSL (currently 700 feet MSL) based on variations in grade elevation. Commissioner Copeland inquired as to the differences in the setbacks. Director of Planning and Development Edwards responded that the setbacks for the 184.32 acres will follow the requirements set out in the current zoning of "O' Office Park. Mr. Tom Allen of Maguire Partners, 9 Village Circle, Westlake, addressed the Board regarding the case and explained that the current height restriction of 700 MSL would restrict construction to a one, two or three story building, respectively. Mr. Allen also advised the Board that Maguire is donating right —of -way totaling 14 acres. Commissioner Sanden opened the public hearing. There being no on requesting to speak, Commissioner Sanden asked for a motion to close the public hearing. MOTION: Commissioner Brittan made a motion to close the public hearing. Commissioner Copeland seconded the motion. The motion carried by a vote of 3 -0. MOTION: Commissioner Brittan made a motion to recommend approval of the proposed amendment to Ordinance 202 (PD -1) as presented. Commissioner Copeland seconded the motion. The motion carried by a vote of 3 -0. 4. ADJOURNMENT. There being no further business to come before the Commission, Commissioner Sanden asked for a motion to adjourn the meeting. MOTION: Commissioner Brittan made a motion to adjourn the meeting. Commissioner Copeland seconded the motion. The motion carried by a vote of 3 -0. Commissioner Sanden adjourned the meeting at 7:24 p.m. Town of Westlake Planning and Zoning Commission Meeting February 28, 2008 Approved by the Planning and Zoning Commission on the 24th day of April 2008. William E. Greenwood, Chairman ATTEST: Kim Sutter, TRMC, Town Secretary Page 3 of 3 Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Tom Brymer, Town Manager Eddie Edwards, Director of Planning and Development Subject: Regular meeting of April 24, 2008 Date: April 17, 2008 ITEM Conduct a Public Hearing and take appropriate action regarding an application for an amendment to the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, by removing approximately 107 acres from Planned Development 3- Planning Area 3 (PD 3 -3) and rezoning that acreage to be called Planned Development 3- Planned Area 12 (PD 3 -12); authorizing, among other things, a conference and educational center, data center, office and retail uses; defining certain terms; describing and interpreting the PD concept plan, regulating permitted uses, height, lot sizes, building lines, total floor area, parking, loading and other development standards; landscaping, flood plain, and drainage; providing for the amendment of the official zoning map; providing a savings clause; and declaring an effective date. BACKGROUND The applicant desires to rezone approximately 107 acres generally located North of Dove Road and East of Ottinger. (See enclosed site plan.) This property is currently zoned within PD 3 -3, which means it is part of "Planning Area 3" of the "Planned Development 3" zoning district. The subject property is surrounded by property owned by the applicant. The surrounding property to the North and to the East is zoned PD 3 -3, the property to the West is zoned R -2, and South boundary is bordered by Dove Road with R -5 zoning across the road. By amending the boundaries of PD 3 -3, the planning area is reduced to approximately 257 acres. However, the entitlements including the allowable number of houses, square feet of resort hotel and the square feet of office use are not changed. Thus allowing the exact same potential square footage of structures, previously approved for approximately 365 acres, to be constructed on the remaining approximate 257 acres. The newly created planning area PD 3 -12 (Planning Area 12 of Planned Development 3) has been specifically tailored to accommodate the proposed conference and education center, possible data center and their associated uses. The height increase requested is similar to that recently approved for the PDA (Maguire- Solana) planning district. The residential slope requirements are being changed from 5:1 to 4:1. ACTION REQUESTED: Make a recommendation to the Westlake Board of Aldermen to approve the proposed amendments to PD supplement as presented. (See enclosed Ordinance.) CIRCLE T PLANNING AREA 3 -12 CONFERENCE AND EDUCATIONAL CENTER ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY REMOVING APPROXIMATELY 107 ACRES FROM THE PD 3 -3 PLANNING AREA AND REZONING THAT ACREAGE TO BE CALLED PD 3 -12. AUTHORIZING, AMONG OTHER THINGS A CONFERENCE AND EDUCATIONAL CENTER, DATA CENTER, OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (sometimes referred to as the "Board ") of the Town of Westlake, Texas (the "Town "), adopted a Comprehensive Plan (the "1992 Comprehensive Plan ") for the Town; and WHEREAS, on November 16, 1992, the Board, adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance "); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission "); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC ") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on August 23, 2003; and . WHEREAS, there is located within the corporate limits of the Town an approximately 365 acre tract of land (commonly known as Planning Area 3 - Resort and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the Board of Aldermen agrees that the boundaries for PD 3 -3 must be amended and certain uses clarified in order to accommodate the aforementioned Conference and Educational Center and Data Center; and .2008 PA 3 -12 Conference and Educational Center Page 1 ORDINANCE WHEREAS, the Board believes that the interests of the Town, the 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 Board has determined to be consistent with the Comprehensive Plan, the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer Plan all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, as codified in the Code of Ordinances and the Planned Development Supplement, , is hereby amended by this PD Ordinance, by amending the property described in the attached Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART TTT Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3 -12" and the date that this Ordinance was adopted by the Board. PART TV It is hereby declared to be the intention of the Board of the Town 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 the Town without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. , 2008 PA 3 -12 Conference and Educational Center Page 2 ORDINANCE PART V This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS DAY OF , MAYOR ATTEST: Town Secretary Town Manager APPROVED AS TO FORM: Stan Lowry, Town Attorney '2008 PA 3 -12 Conference and Educational Center Page 3 ORDINANCE CIRCLE T PLANNING AREA 3 -12 CONFERENCE AND EDUCATIONAL CENTER ARTICLE I. GENERAL PROVISIONS ...................................................... ..............................1 SECTION 1 SHORT TITLE .......................................................................... ..............................1 SECTION 2 PURPOSES ................................................................................ ..............................1 SECTION 3 GENERAL DEFINITIONS ....................................................... ..............................1 Section3.1 Usage .............................................................................. ..............................1 Section 3.2 Words and Terms Defined ............................................. ..............................1 SECTION 4 PD SUPPLEMENT .................................................................... ..............................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ................ ..............................2 Section 5.1 Applicable Town Ordinances ......................................... ..............................2 Section 5.2 General Approval Criteria .............................................. ..............................2 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS .....................3 Section 6.1 PD Concept Plan ............................................................ ..............................3 Section 6.2 PD Development Plans .................................................. ..............................3 Section6.3 PD Site Plans ................................................................. ..............................3 ARTICLEII. USES ........................................................................................ ..............................4 SECTION 1 LAND USE SCHEDULE .......................................................... ..............................4 SECTION 2 ACCESSORY USES AND STRUCTURES ............................. ..............................8 ARTICLE III. DEVELOPMENT STANDARDS ........................................ ..............................9 SECTION1 DENSITY ................................................................................... ..............................9 Section 1.1 Conference and Educational Center and Data Center .... ..............................9 SECTION 2 MINIMUM LOT SIZE ............................................................... ..............................9 Section 2.1 Conference and Educational Center and Data Center .... ..............................9 SECTION 3 MINIMUM LOT WIDTH .......................................................... ..............................9 Section 3.1 Office ..................... ............................... .....9 SECTION 4 MAXIMUM BUILDING HEIGHT ........................................... ..............................9 Section 4.1 Conference and Educational Center and Data Center .... ..............................9 Section 4.2 Exceptions to Height Requirements ............................... ..............................9 SECTION 5 MINIMUM BUILDING SIZE ................................................... ..............................9 Table of Contents 2008 PA 3 -12 Conference and Educational Center Page i ORDINANCE Section 5.1 Conference and Educational Center and Data Center .... ..............................9 SECTION 6 FRONT YARD SETBACKS ..................................................... ..............................9 Section 6.1 Conference and Educational Center and Data Center .... ..............................9 Section6.2 General .......................................................................... .............................10 SECTION 7 REAR YARD SETBACKS ...................................................... .............................10 Section 7.1 Conference and Educational Center and Data Center ... .............................10 Section7.2 General .......................................................................... .............................10 SECTION 8 SIDE YARD SETBACKS ........................................................ .............................11 Section 8.1 Conference and Educational Center and Data Center ... .............................11 Section8.2 General ......................................................................... ..............................1 l SECTION 9 SLOPE REQUIREMENTS ....................................................... .............................11 Section 9.1 Residential Slope .......................................................... .............................11 Section9.2 Roadway Slope ............................................................. .............................11 SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS .. ..............................I 1 Section 10.1 Hiking and /or Biking Trails .......................................... .............................12 Section 10.2 Landscape Irrigation ...................................................... .............................12 Section10.3 Fencing .......................................................................... .............................12 Section10.4 Lighting ......................................................................... .............................12 Section 10.5 Tree Requirement .......................................................... .............................12 ARTICLEIV. EXHIBITS ............................................................................ .............................13 EXHIBIT 1 Legal Description of Planning Area 3 -12 EXHIBIT 2 PD Concept Plan Table of Contents .2008 PA 3 -12 Conference and Educational Center Page ii ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Circle T Planning Area No. 3 -12 Conference and Educational Center Ordinance ", or simply as the "PD Ordinance ". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for increased recreation and /or open space opportunities; to provide amenities or features that would be of special benefit to the property users or community; to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; to protect or preserve any existing historical buildings, structures, features or places; and to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District 3 -12. Board means the Board of Aldermen of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor Area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below or above grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD District means the planned development zoning district established by this PD Ordinance. Article I. General Provisions , 2008 PA 3 -12 Conference and Educational Center Page 1 ORDINANCE PD Concept Plan means a plan for development which enables the town to evaluate major impacts of a proposed zoning district or planned development district. PD Ordinance means this planned development zoning district ordinance, including any approved PD Concept Plan. PD Supplement means that certain Circle T Planned Development Zoning District As codified in the Planned Development Supplement. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT The Board adopted the PD Supplement. The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. To the extent that there is any conflict between a provision in the PD Supplement and this PD Ordinance, the terms of this PD Ordinance shall control. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: With respect to the Conference and Educational Center and Data Center use area, by the O -H Office Park -Hotel Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances,.the terms, provisions and intent of the UDC shall control. Section 5.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Board, the Commission, the Town Manager or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or with the objectives, goals or policies of such plans), then such authority shall be Article I. General Provisions 2008 PA 3 -12 Conference and Educational Center Page 2 ORDINANCE exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan. A PD Concept Plan for this PD District shall be approved prior to the approval of any development plans and site plans required by this PD Ordinance. The PD concept plan shall comply with the Comprehensive Land Use Plan, the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plan of the Town and the Master Drainage Plan of the town and the UDC Section 6.2 PD Development Plans Article 1, Section 1 -3, (3) of the Planned Development Supplement states that PD development plans shall not be required for development within any of the PD Districts. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 1 -3 (4) of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). Article I. General Provisions '2008 PA 3 -12 Conference and Educational Center Page 3 ORDINANCE ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub -areas identified on the PD Concept Plan shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. CIRCLE T PLANNING AREA 3 -3 -B CONFERENCE AND EDUCATIONAL CENTER AND DATA CENTER LAND USE SCHEDULE PERMITTED Permitted "X" USES Special Use "S" Accessory "A" AGRICULTURAL USES Orchard x Plant Nursery (Growing) x Plant Nursery (Retail Sales) x Fauns General (Crops) x Fauns General (Livestock, Ranch) x Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Stables (Private Use) S Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants /Caretakers Quarters Accormnodation for Employees /Customers /Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A Article H. Uses 2008 PA 3 -12 Conference and Educational Center - Page 4 ORDINANCE PERMITTED USES Permitted "X" Special Use "S" Accessory "A" INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport Helistop/Veti -stop S Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Utility Shop and Storage A Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) S Water Storage Tank and Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets /Alleys /Drives X Retirement Home Nursing /Convalescent Home Hospice Hospital Psychiatric Hospital Clinic A Child Daycare (Public; 7 or more) Child Daycare (Private; 7 or more) As School, K -12 (Public or Private) School (Vocational) College or University X Cormnunity Center (Public) Civic Club X Church or Place of Worship X Use Associated to a Religious Inst. X Government Building X Police Station X Fire Station X Library X Data Center X Article II. Uses 2008 PA 3 -12 Conference and Educational Center - Page 5 ORDINANCE PERMITTED USES Permitted "X" Special Use "S" Accessory "A" COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing X Hotel/Motel X Hotel /Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) A Laundry/Dry Cleaning (Drop /Pick) A Shoe Repair A Beauty Parlor /Barbershop A Clothing Store A Quick Copy /Duplicating Services A Personal Services A Liquor Store Micro - brewery and Wine Production and Sales ( <30,000 S.F.) S Grocery Convenience Store A Service Station Drug Store A Variety Store A Bakery Sales A Stationery and/or Book Store A Antique Shop Art Gallery/Museums A Hardware Store Sporting Goods A Paint and Wallpaper Cloth Store Retail Stores - General (Excluding Second Hand Goods) A Restaurant, Cafe or Dining Facility X Auto /Truck Parts and Accessories Household Furniture /Appliances (including Sales and Service) Farmer's Market Feed Store Parking Structure X Cafeteria (Private) A Article II. Uses 2008 PA 3 -12 Conference and Educational Center - Page 6 ORDINANCE PERMITTED USES Permitted "X" Special Use "S" Accessory "A" Job Printing, Lithography, Printing, or Blueprinting A Vehicle Display and Sales (inside) Medical Laboratory R &D Laboratory A6 Conference Center X Live Theater A Motion Picture Theater A Custom Business Services x Electronic Appliances Store and Computer Sales and Service Tavem, Bar or Lounge S Dance Halls/Nightclubs S AMUSEMENT/RECREATION Golf Course (Public or Private) X Park or Playground (Public or Private) x Satellite Dish x Non- Commmercial Radio Tower Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) x Golf Clubhouse (Public or Private) x Conununity Center (Private) x Recreation Center (Private) x Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility A Golf Pro Shop A Health/Spa Facilities (Private) A Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center A Athletic Courts (Public) A Commercial Amusement (Inside) A Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair Auto Mechanical Repair A Article II. Uses 2008 PA 3 -12 Conference and Educational Center - Page 7 ORDINANCE PERMITTED USES Permitted "X" Special Use "S" Accessory "A" Quick Lube /Oil Change Vehicle Maintenance (Private) A Vehicle Fueling (Private) A WHOLESALE TRADE Warehouse /Storage (Inside) Warehouse /Storage (Outside) Scrap /Waste Recycling Collection and/or Storage Gas /Chemical Bulk Storage Light Manufacturing /Assembly Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books /Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X3 Temporary Construction Materials Storage X3 Temporary Sales Office X° NOTES: 1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. 4. Limited to "build -out" period. 5. "Private" shall be deemed to include a daycare that is made available to any employee on the property. 6. Limited to white collar research and development (i.e., non - industrial, non - chemical, and non -water processing). SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and which is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. Article II. Uses 2008 PA 3 -12 Conference and Educational Center - Page 8 ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Conference and Educational Center and Data Center: The maximum aggregate floor area for the Conference and Educational Center and Data Center shall be 1,250,000 square feet and limited to a total of 1,200 Guest rooms (Guest rooms defined as rooms used for overnight accommodations). SECTION 2 MINIMUM LOT SIZE Section 2.1 Conference and Educational Center and Data Center The minimum lot size for the Conference and Educational Center and Data Center use area shall be 200,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Conference and Educational Center and Data Center The minimum lot width for the Conference and Educational Center and Data Center use area shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Conference and Educational Center and Data Center Except as provided below, the maximum height for all structures within the Conference and Educational Center and Data Center use area shall be no higher that an elevation of 735.00 feet above mean sea level. Section 4.2 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Conference and Educational Center and Data Center The minimum building size for Conference and Educational Center and Data Center use shall be 3,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Conference and Educational Center and Data Center The minimum front yard for the Conference and Educational Center and Data Center use area shall be 100 feet. Article III. Development Standards 2008 PA 3 -12 - Conference and Educational Center Page 9 ORDINANCE Section 6.2 General A. Required front yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard. B. The front yard setback is measured from the front lot line or from the required right -of -way, whichever creates the greater setback. C. If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat, the following structures or portions of structures in the yard along such frontage are governed by the rear yard regulations: swimming pools; game courts; fences; garages; and other accessory buildings. D. If a corner lot has two street frontages of equal distance, one frontage is governed by the front yard regulations and the other frontage by the side yard regulations. If the corner lot has two street frontages of unequal distance, the shorter frontage is governed by the front yard regulations and the longer by the side yard regulations. SECTION 7 REAR YARD SETBACKS Section 7.1 Conference and Educational Center and Data Center The minimum rear yard for the Conference and Educational Center and Data Center use area shall be 100 feet. Section 7.2 General A. Required rear yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard. B. The rear yard setback is measured from the rear lot line. Article III. Development Standards '2008 PA 3 -12 - Conference and Educational Center Page 10 ORDINANCE SECTION 8 SIDE YARD SETBACKS Section 8.1 Conference and Educational Center and Data Center The minimum side yard for the Conference and Educational Center and Data Center use area shall be 75 feet. Section 8.2 General A. Required side yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. B. The side yard setback is measured from the side lot line, except when a front yard is treated as a side yard, in which case, the setback is measured from the lot line or the required right -of -way, whichever creates the greater setback. C. Air conditioning units may be located in the required side yard, but not nearer than one foot to the property line. SECTION 9 SLOPE REQUIREMENTS Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 4:1 (including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line drawn at a slope of 2:1 (including streets and other rights of way) from the right -of -way line of any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS Section 10.1 Hiking and /or Biking Trails. If required by the Town, public hiking and biking trail(s) shall be located along and generally parallel to public rights -of -way and designed such that the trail(s) do not penetrate greater than 100 feet onto the subject property in any direction. The design of the trail pathway shall meander in keeping with the nature of the area and proposed development. Article III. Development Standards '2008 PA 3 -12 - Conference and Educational Center Page 11 ORDINANCE Section 10.2 Landscape Irrigation. Upon the submission and approval by Town staff of a landscape design utilizing low water or Xeriscaping plantings, the inclusion of an automated landscape irrigation system may be waived for part or all of the subject property. A temporary irrigation system my be utilized at the owner's discretion to allow for the establishment of plantings, but such a system may be temporarily or permanently disengaged, at such owner's sole discretion. Section 10.3 Fencing. Fencing around any data center use may exceed seven feet in height if such height is reasonably required for the security of such data center; provided, that any fencing that exceeds seven feet in height be screened from adjacent rights of way or properties by topography, structures or plantings. Section 10.4 Lighting. A. Luminaries used for building security or to illuminate building facades, entrances, parking areas and loading and service areas may be installed (i) on the building fagade but not above the building roof line; and (ii) anywhere on the lot with a maximum height of 25 feet, but not higher than the building roof line. B. Luminaries used to illuminate pedestrian areas shall have a maximum height of 12 feet, and no pedestrian walkways are allowed to run parallel to a line of upright fixtures (excluding bollards 12 feet or less in height) and a building. Walkways connecting pedestrian areas and adjacent buildings shall be allowed to be located in this area, so long as the primary intent is to connect the pedestrian walkway and the building. Section 10.5 Tree Requirement. No more than 25 large trees (including existing trees) per acre of the site's permeable green space shall be required. The foregoing sentence shall not apply to portions of the site dedicated to open pasture, and any additional trees required shall be concentrated in appropriate areas to provide buffering from adjacent sites and public rights of way. Article M. Development Standards , 2008 PA 3 -12 - Conference and Educational Center Page 12 ORDINANCE ARTICLE IV. EXHIBITS EXHIBIT 1 Legal Description of Planning Area 3 -12 EXHIBIT 2 PD Concept Plan Article IV. Exhibits , 2008 PA 3 -12 Conference and Educational Center - Page 13 ORDINANCE LEGAL DESCRIPTION PD 3 -12 BEING a tract of land situated in the Jesse Gibson Survey, Abstract Number 592, the Wilson Medlin Survey, Abstract Number 1958, the Charles Medlin Survey, Abstract Number 1084 and the G. Hendricks Survey, Abstract Number 680, Tarrant County, Texas, and being a portion of that certain tract (Tract 2) of land described by deed to AIL Investment, L.P., as recorded in Volume 13275, Page 542, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set being an ell corner in the southerly property line of said AIL Tract 2, said point also being the northeast property corner of that certain tract of land described by deed to Lakeway Land, Ltd., as recorded in Volume 13978, Page 222, County Records, Tarrant County, Texas; THENCE S 89 049'56 "W, 787.23 feet along the common property line of the southerly property line of said AIL Tract 2 and the north property line of said Lakeway Land tract; THENCE N 00 045'29 "W, 357.87 feet; THENCE N 20032'l 0"E, 243.20 feet; THENCE N 24 °21'01 "E, 227.62 feet; THENCE N 26 047'41 "E, 340.17 feet; THENCE N 58 °07'29 "E, 281.95 feet to the beginning of a non - tangent curve to the left; THENCE with said non - tangent curve to the left, an are distance of 504.70 feet, through a central angle of 23 °33'27" having a radius of 1227.50 feet, the long chord of which bears N 88050'l 9"E, 501.15 feet; THENCE N 77 003'35 "E, 1563.23 feet; THENCE S 00 032'43 "E, 762.66 feet; THENCE S 40 002'39 "W, 871.03 feet; THENCE S 01 005'24 "E, 1442.77 feet to north right -of -way line of Dove Road, as shown in that certain tract of land described by deed to the Town of Westlake, as recorded in Volume 16798, Page 279, County Records, Tarrant County, Texas; THENCE S 88 054'36 "W, 1153.05 feet along the north line of said Dove Road; C &B Job No. 0 15 007.094 ACF 42412 CTR April 15, 2008 J:\JOB \01500701 \ 094 \SLTR \WP\LEG\PD3- 12ZONING.doc Page 1 of 2 THENCE S 87 036'29 "W, 138.19 feet continuing along the north line of said Dove Road to the east property line of that certain tract of land (Tract 1) described by deed to AIL Investment, L.P., as recorded in Volume 13883, Page 335, County Records, Tarrant County, Texas; THENCE N 00 °31'56 "E, 1296.32 feet along the east property line of said AEL Tract 1 and then along the east property line of the aforementioned Lakeway Land tract to the POINT OF BEGINNING and containing 4,677,277 square feet or 107.375 acres of land more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC 5663.21, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY, EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. __ ............._ ......w.._:.w, JAMES F. KASSON 9':qp 4500 ti °�:FSS_�o ?ego C &B Job No. 015007.094 ACF #2412 CTR April 15, 2008 J:VOB\ 01500701 \094 \SUR \WP\LEG\PD3- 12ZONING.doc Page 2 of 2 11 J Z LL JJ 3A PD 3-12 F4 . . M !2 `0 -0 0 -0 —CLO C-- U S w z 0 La :E CL C-4 d) WPU C,4-- >r- - 4) ci)� OS 0 U--:E-R 0 c u --- 42 00 0>.00 V, 0, CL- (D !�-6 CL 4.1 0 , -5 c . C3 dg= M D - a cc 0 3t CLo writ 13978, PG. 222 0 CL oo o 0:.- 0 CL a%Ny E= 0 u a a 0-8 &2 -0 0 0 IT zot 0:3-2 0, fs - I "A CHARLES uq[EDLIIH *URVIEV 0 A387BACU NUMBER 11084 7- OARME `gyp S BURVEV � . 1---z --�— I TRAT;T NUMBER 402 JESSE SUTTON BURVEV ARSTRACT WUNDER 1451 226 %� WEDL P N M "E�D --V- APPROXIMATE SURVEY LINE-7/ REIN%MER PD 3-3 PART I a �15 E: I= 1 S SCALE 1'=1000' DOVE RD AN EXHIBIT SHOWING PD 3-12 ZONING AND THE REMAINDER OF THE PD 3-3 ZONING TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS 5 .!?PRDX IM T E SURVEY LINE — v AssiratACT U Rid E—gq--v i c s i w -- - - - I M - APPROXIMATE SURVEY LINE Lu PEMAMFR z PD 34 PART 2 WO c Ix O is FILE, J-\JOB\01500701\094\SUR\500794z1.dgn DATE. 15-Ater -OR Ilea.. ............ . ..... . ................. JAMES F. KASSON . ............ ...... %'0; 4500 NI-1 LL 0 Lu uj :r V IM. 00 0 0 0 PD 3-12 107.375 ACRES AIL INVESTMENT, L.P. La :E VOL-13275.PG.542 TRACT 2 (x AKEWAY LAND, LTD. VOL. 13978, PG. 222 C, DOVE RD AN EXHIBIT SHOWING PD 3-12 ZONING AND THE REMAINDER OF THE PD 3-3 ZONING TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS 5 .!?PRDX IM T E SURVEY LINE — v AssiratACT U Rid E—gq--v i c s i w -- - - - I M - APPROXIMATE SURVEY LINE Lu PEMAMFR z PD 34 PART 2 WO c Ix O is FILE, J-\JOB\01500701\094\SUR\500794z1.dgn DATE. 15-Ater -OR Ilea.. ............ . ..... . ................. JAMES F. KASSON . ............ ...... %'0; 4500 NI-1 LL 0 Lu uj :r V IM. 00 0 0 0 Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Tom Brymer, Town Manager Eddie Edwards, Director of Planning and Development Subject: Regular meeting of April 24, 2008 Date: April 17, 2008 ITEM Conduct a Public Hearing and take appropriate action regarding an application for an amendment to the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, by removing approximately 10.22 acres from Planned Development 3- Planning Area 8 (PD 3 -8) and rezoning that acreage to be called Planned Development 3- Planned Area 10 (PD 3 -10); authorizing office and retail uses; defining certain terms; describing and interpreting the PD concept plan, regulating permitted uses, height, lot sizes, building lines, total floor area, parking, loading and other development standards; landscaping, flood plain, and drainage; providing for the amendment of the official zoning map; providing a savings clause; and declaring an effective date. BACKGROUND The applicant desires to rezone approximately 10.22 acres generally located South of SH 70 and East of SH 377. (See enclosed site plan.) This property is currently zoned within PD 3 -8, which means it is part "Planning Area 8" of the "Planned Development 3" zoning district. The subject property is bounded by rail road right -of -way to the West, TXDOT right -of -way to the North and East. This parcel does not contain a South side due to its triangular shape. By amending the boundaries of PD 3 -8, the planning area is reduced by approximately 10.22 acres but is otherwise unchanged. The newly created planning area PD 3 -10 (Planning Area 10 of Planned Development 3) has been specifically tailored to accommodate the unique shape of the parcel of land and the retail / office uses. The changes being proposed for this new district as compared to the existing zoning are lot size, setback, signage, lighting, and landscape related. Attached are two comparison tables detailing the proposed changes; including the applicant's rationale for these changes. ACTION REQUESTED Make a recommendation to the Board of Aldermen to approve the proposed amendments to the PD 3 supplement as presented. (Ordinance draft attached) PD 3 -10 377 SOUTH COMMERCIAL ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.22 ACRES FROM THE PD 3 -8 PLANNING AREA AND REZONING THAT ACERAGE TO BE CALLED PD 3 -10. AUTHORIZING OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board adopted a Comprehensive Plan (the "1992 Comprehensive Plan ") for the Town; and WHEREAS, on November 16, 1992, the Board of Aldermen (sometimes referred to as the "Board ") of the Town of Westlake, Texas (the "Town "), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance "); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission "); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC ") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on July 27, 1998; and WHEREAS, there is located within the corporate limits of the Town an approximately 10.22 -acre tract of land (commonly known as PD 3 -10 377 South Commercial and hereinafter sometimes referred to as the 'Planning Area "); and WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning Area, are not available and will not be available without a long- term commitment of both public and private funds to finance infrastructure, amenities, and services; and April 16, 2008 ORDINANCE PD 3 -10 377 South Commercial Page 1 007510.00019:0360293.04 007510.00019:03 60293.04 WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning Area, are not available and will not be available without a long- term commitment of both public and private funds to finance infrastructure, amenities, and services; and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long -term development vision; and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for office and retail uses within the Planning Area that will be consistent with the Town's long -term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, floodplain, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, on July 27, 1998, after receiving recommendations from the Commission, the Board approved and adopted an amendment to the Thoroughfare Plan, and an amended Conceptual Open Space Plan to the 1992 Comprehensive Plan; all of which amended plans are approved and adopted by the Board to enable the Town to maximize the opportunities and benefits to the Town and all of its citizens that will result from the Planning Area; and WHEREAS, the Commission and Board held a public hearing upon the application of AIL Investment, L.P. to rezone the approximately 10.22 -acre tract of land to a "PD" Planned Development District on , after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being 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 hereinafter described property be rezoned to "PD 3 -10" Planned Development District 3 Planning area 10; and WHEREAS, the Board believes that the interests of the Town, the 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 Board has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; CADocuments and Settings \Inspector\Desktop\PD 3 -I0 \pd 3 -10 ord dral't3 doc NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, as codified in the Code of Ordinances and the Planned Development Supplement, is hereby amended by this PD Ordinance, by adding Planned Development District No. 3 -10 and rezoning the property described in Exhibit 1 attached hereto by reference for all purposes to PD 3 -10. This PD will be subject to the concept plan, development standards and other regulations attached hereto. PART TIT Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3 -10" and the date that this Ordinance was adopted by the Board. PART IV 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 Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. C: \Documents and Settings \Inspector \Desktop \PD 3 -10 \pd 3 -10 ord draft3.doc PART 17 This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS OE •C ATTEST: Town Secretary APPROVED AS TO FORM: Town Attorney April 16, 2008 ORDINANCE PD 3 -10 377 South Commercial Page 4 007510.00019:03 60293.04 007510.00019:0360293.04 CIRCLE T PLANNING AREA 3 -10 377 SOUTH COMMERCIAL ARTICLE 1. GENERAL PROVISIONS SECTION 1 SHORT TITLE .............................................................................. ..............................1 SECTION 2 PURPOSES ................................................................................... ..............................1 SECTION 3 GENERAL DEFINITIONS ........................................................... ..............................1 Section3.1 Usage ................................................................................... ..............................1 Section 3.2 Words and Terms Defined .................................................. ..............................1 SECTION 4 PD SUPPLEMENT ....................................................................... ..............................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ................... ..............................2 Section 5.1 Applicable Town Ordinances .............................................. ..............................2 Section 5.2 General Approval Criteria ................................................... ..............................3 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS ........................3 Section 6.1 PD Concept Plan ................................................................. ..............................3 Section 6.2 PD Development Plans ....................................................... ..............................3 Section6.3 PD Site Plans ...................................................................... ..............................3 ARTICLE II. USES SECTION1 LAND USE SCHEDULE ............................................................. ..............................4 SECTION 2 ACCESSORY USES AND STRUCTURES ................................ ..............................8 ARTICLE III. DEVELOPMENT STANDARDS SECTION1 DENSITY ...................................................................................... ..............................9 Section1.1 Retail ................................................................................... ..............................9 SECTION 2 MINIMUM LOT SIZE .................................................................. ..............................9 Section2.1 Retail ................................................................................... ..............................9 SECTION 3 MINIMUM LOT WIDTH ............................................................. ..............................9 Section3.1 Retail ................................................................................... ..............................9 SECTION 4 MAXIMUM BUILDING HEIGHT .............................................. ..............................9 Section4.1 Retail ................................................................................... ..............................9 April 16, 2008 Table of Contents PD 3 -10 377 South Commercial Page i ORDINANCE 007510.00019:0360293.04 00 7510.00019:03 60293.04 Section 4.4 Exceptions to Height Requirements .................................... ..............................9 SECTION 5 MINIMUM BUILDING SIZE ...................................................... ..............................9 Section5.1 Retail ................................................................................... ..............................9 SECTION 6 FRONT YARD SETBACKS ........................................................ ..............................9 Section6.1 Retail ................................................................................... ..............................9 SECTION 7 REAR YARD SETBACKS ......................................................... .............................10 Section7.1 Retail .................................................................................. .............................10 SECTION 8 SIDE YARD SETBACKS ........................................................... .............................10 Section8.1 Retail .................................................................................. .............................10 SECTION 9 SLOPE REQUIREMENTS .......................................................... .............................10 SECTION 10 SIGNAGE REQUIREMENTS 14 Section 10.1 Business Monument Signs (Type 1) ................................ .............................10 Section 10.2 Business Monument Signs (Type 2) ................................ .............................10 Section 10.3 Retail Fagade Signs ......................................................... ..............................I 1 SECTION 11 LANDSCAPE REQUIREMENTS 15 Section 11.1 Landscape Treatment of Town Edge Landscape Zone .... .............................11 Section 11.2 Parking Lot Landscaping ................................................. .............................11 SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height ............................................................. .............................12 ARTICLE IV. FIGURES FIGURE I Business Monument Sign - Type I FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Fagade Signs April 16, 2008 Table of Contents PD 3 -10 377 South Commercial Page ii ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plan April 16, 2008 Table of Contents PD 3 -10 377 South Commercial Page iii ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "PD 3 -10 377 South Commercial Planned Development Zoning District Ordinance ", or simply as the "PD Ordinance ". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for retail development along US Hwy 377 on the north side of SH 170 to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District. Board means the Board of Aldermen of the Town of Westlake, Texas. Planning Area means the area which has been established as a planned development zoning district. Circle T Ranch means the approximately 2,525 -acre property commonly known as the Circle T Ranch and generally located in Tarrant and Denton Counties (i) east of U.S. 377, (ii) west of Precinct Line Road, and (iii) adjacent to and in the vicinity of the intersection of S.H. 114 and S.H. 170. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above - grade) used for the parking of motor vehicles, (ii) courts or balconies April 16, 2008 Article I. General Provisions PD 3 -10 377 South Commercial Page 1 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, EIFS, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD Concept Plan means a plan for development which enables the town to evaluate major impacts of proposed zoning district or planned development district. PD District means the planned development zoning district established by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. PD Supplement means that certain Circle T Planned Development Zoning District as codified in the Planned Development Supplement. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT On March 22"a 2004, the Board adopted the PD Supplement via Ordinance No. 450The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: A. With respect to the retail sub -area, by the "R- Retail" zoning district standards; Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except as April 16, 2008 Article I. General Provisions PD 3 -10 377 South Commercial Page 2 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 5.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Board, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "Concept Plan ". Except as otherwise provided by this PD Ordinance or the PD Supplement, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan The drawing labeled "Concept Plan" identifies the general boundaries of the PD District for the "PD 3 -10 377 South Commercial ". The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 6.2 PD Development Plans Article I, Section 1 -3, (3) of the Planned Development supplement states that PD development plans shall not be required for development within any of the PD districts. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 1 -3, (4) of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). April 16, 2008 Article I. General Provisions PD 3 -10 377 South Commercial Page 3 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub -areas identified on the PD Concept Plan shall be used only in accordance with the uses permitted in the following "Land Use Schedule ". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. CIRCLE T PLANNING AREA 3 -10 377 SOUTH COMMERCIAL LAND USE SCHEDULE PERMITTED USES X= Pennitted, A= Accessory Use, S =SUP SUB- AREAS Retail' AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) X Fanns General (Crops) X Fanns General (Livestock, Ranch) X Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Stables (Private Use) Stables (As a Business) S RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants /Caretakers Quarters Temporary Accommodation for Employees /Customers /Visitors Swimming Pool (Private) Detached Garage (Private) Sport/Tennis Courts (Private) April 16, 2008 Article H. Uses PD 3 -10 377 South Commercial Page 4 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail' INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport Helistop /Verti -stop x Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines X Utility Shop and Storage S Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) X Water Storage Tank and Pumping System (Elevated or Above Grade) X Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets /Alleys /Drives X Retirement Home Nursing /Convalescent Home Hospice Hospital Psychiatric Hospital Clinic X Child Daycare (Public; 7 or more) x Child Daycare (Private; 7 or more) School, K -12 (Public or Private) School (Vocational) College or University Community Center (Public) X Civic Club X Church or Place of Worship X Use Associated to a Religious hest. X Government Building X Police Station X Fire Station X Library X Data Center April 16, 2008 Article II. Uses PD 3 -10 377 South Commercial Page 5 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 PERMITTED USES X= Pennitted, A= Accessory Use, S =SUP SUB- AREAS Retail' COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing Hotel/Motel X Hotel/Motel with Conferencing Facility Laundry/Dry Cleaning (<3,000 S.F.) X Laundry/Dry Cleaning (Drop /Pick) x Shoe Repair X Beauty Parlor /Barbershop X Clothing Store X Quick Copy /Duplicating Services X Personal Services X Liquor Store X Micro- brewery and Wine Production and Sales ( <30,000 S.F.) Grocery X Convenience Store X Service Station X Drug Store X Variety Store X Bakery Sales X Stationery and/or Book Store X Antique Shop X Art Gallery /Museums X Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores - General (Excluding Second Hand Goods) X Restaurant, Cafe or Dining Facility X Auto /Truck Parts and Accessories S Household Furniture /Appliances (including Sales and Service) X Farmer's Market X Feed Store X Parking Structure Cafeteria (Private) Job Printing, Lithography, Printing, or X April 16, 2008 Article II. Uses PD 3 -10 377 South Commercial Page 6 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail' Blueprinting Vehicle Display and Sales (inside) Medical Laboratory R &D Laboratory Conference Center Live Theater Motion Picture Theater Custom Business Services Electronic Appliances Store and Computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Nightclubs AMUSEMEW/RECREATION Golf Course (Public or Private) Park or Playground (Public or Private) X Satellite Dish X Non-Commercial Radio Tower S Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) Golf Clubhouse (Public or Private) Community Center (Private) Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility Golf Pro Shop Health/Spa Facilities (Private) X Athletic Fields (Private) Athletic Courts (Private) Equestrian Center Athletic Courts (Public) Commercial Amusement (Inside) Lake Cruise /Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair S Auto Mechanical Repair S Quick Lube/Oil Change S April 16, 2008 Article II. Uses PD 3 -10 377 South Commercial Page 7 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail' Vehicle Maintenance (Private) S Vehicle Fueling (Private) WHOLESALE TRADE Warehouse /Storage (Inside) Warehouse/Storage (Outside) Scrap /Waste Recycling Collection and /or Storage Gas /Chemical Bulk Storage Light Manufacturing /Assembly Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books /Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X3 Temporary Construction Materials Storage X3 Temporary Sales Office NOTES: 1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. April 16, 2008 Article II. Uses PD 3 -10 377 South Commercial Page 8 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Retail The maximum floor area ratio for the retail sub -areas shall be 0.30:1 for Tract 3 -10 . SECTION 2 MINIMUM LOT SIZE Section 2.1 Retail The minimum lot size for the retail sub -areas shall be 25,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Retail The minima n lot width for the retail sub -areas shall be 125 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Retail Except as provided below, the maximum height for all structures within the retail sub -areas shall be two stories or 35 feet. Section 4.2 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, elevator shafts, penthouses, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Retail The minimum building size within the retail sub -areas shall be 2,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Retail The minimum front yard for the retail sub -areas shall be 50 feet. April 16, 2008 Article III. Development StandardsPD 3 -10 377 South Commercial Page 9 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 SECTION 7 REAR YARD SETBACKS Section 7.1 Retail The minimum rear yard for the retail sub -areas shall be 30 feet. SECTION 8 SIDE YARD SETBACKS Section 8.1 Retail The minimum side yard for the retail sub -areas shall be 10 feet. SECTION 9 SLOPE REQUIREMENTS The height of non residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. SECTION 10 SIGNAGE REQUIREMENTS Where not expressly written in this section the PD Supplement will govern all signage requirements. Section 10.1 Business Monument Signs (Type 1) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size shall be 75 square feet including architectural elements; (b) the maximum sign area is 25 square feet; (c) the maximum height is seven feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of -way. 3. If the total floor area of a building is more than 20,000 square feet: (a) the maximum monument size shall be 100 square feet including architectural elements; (b) the maximum sign area is 35 square feet; (c) the maximum height is eight feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of -way. 4. See Figure 1 for an example of Business Monument Signs — Type 1 Section 10.2 Business Monument Signs (Type 2) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 15,000 square feet and is occupied by a single user: (a) the maximum monument size shall be 50 square feet including April 16, 2008 Article III. Development StandardsPD 3 -10 377 South Commercial Page 10 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 architectural elements; (b) the maximum sign area is 20 square feet; (c) the maximum height is six feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of -way. If the use of a Business Monument Sign (Type 1) allows tenants of multiple lots to be on one sign and decreases the overall number of individual signs, then the use of a Business Monument Sign (Type 1) is allowed at the driveway entrances to the shopping center. 4. See Figure 2 for an example of Business Monument Signs — Type 2 Section 10.3 Retail Facade Signs 1. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on a building is 6% of the aggregate area of all street facing building facades. 2. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on any one building facade is 6% of the area of the building facade. 3. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 40 square feet or 6% of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 40 square foot sign notwithstanding the aggregate limits set forth in Subsections I and 2 above. 4. See Figure 3 for an example of Retail Facade Signs SECTION 11 LANDSCAPE REQUIREMENTS Section 11.1 Landscape Treatment of Town Edge Landscape Zones The Town Edge Landscape Zone on State Highway 170 west of US Highway 377 shall be an average width of 50 feet from the highway right -of -way line. Section 11.2 Parking Lot Landscaping A. Landscape Areas 1. Parking Lots Parking lots shall include a minimum of sixty (60) square feet of landscaped area for each required off - street parking space. This requirement shall be met on the overall zoned parcel to allow for better clustering and growth of vegetation. 2. Parking Lot Edge A parking lot edge shall surround each parking lot and shall be a minimum of ten (10) feet wide. The combined parking lot edge may overlap the parking setback line. Because of the cross access and shared parking needed to April 16, 2008 Article III. Development StandardsPD 3 -10 377 South Commercial Page 11 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 accommodate the interactive uses on this parcel the parking lot edge shall constitute the edge around all of the parking instead of individual lot lines. 3. Location of Required Landscape Area Required landscape area shall occur within the parking lot, parking lot edge and town edge landscape zone. B. Landscape Requirement Tree Density There shall be a minimum of one (1) tree per 4 parking spaces in all parking areas. These trees may be planted anywhere within the parking lot (including spot islands and linear islands) or within the parking lot edge. This density of trees will allow the required shrubs and groundcover to grow in a healthier environment without the intrusion of tree canopy which restricts the available sunlight. No parking space may be greater than thirty (30) feet from a tree (measured from the nearest curb line of the island containing the tree to the nearest point on the edge of the parking space). SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height Luminaries used for building security or to illuminate building facades, entrances, and loading and service areas may be installed (i) on the building facade but not above the building roof line; and (ii) anywhere on the lot with a maximum height of 25 feet, but not higher than the building roof line. If by increasing the height of luminaries decreases the total number of luminaries across the zoned parcel by 10 %, then taller luminaries are allowed up to a maximum height of 35 feet. April 16, 2008 Article III. Development StandardsPD 3 -10 377 South Commercial Page 12 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE IV. FIGURES FIGURE I Business Monument Sign - Type FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Fagade Signs ARTICLE V. EXHIBITS EXHIBIT I Legal Description of PD 3 -10 EXHIBIT 2 PD Concept Plan CADocuments and Settings \Inspector \Desktop \PD 3 -10 \pd 3 -10 ord draltldoc ARCHITECTURAL ELEMENT MAXIMUM MONUMENT AREA = Imm EF BUILDING MORE THAN 20,000 SF ,ARCHITECTURAL ELEMENT BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TYPE 1 FIGURE I ARCHITECTURAL ELEMENT MAXIMUM MONUMENT AREA = 50 5F MAX "" JM SIGN AREA = 20 SF TENANT 8 - BUILDING LESS THAN 15,000 SF BUSINESS MONUMENT SIGN TYPE 2 FIGURE 2 PANT FACADE AREA - 488 S SIGN AREA ALLOWED - 40 SF SIGN AREA PROPOSED 40 SF DE AREA - 819 SF FACADE AREA - 486 S FACADE AREA - 1428 SF AREA ALLOWED - 49 SF SIGN AREA ALLOWED - 40 SF SIGN AREA ALLOWED - 86 SF AREA PROPOSED - 49 SF SIGN AREA PROPOSED 40 SF SIGN AREA PROPOSED - 86 SF TENANT REQUIRED FACADE AREA- 486 SF 8X! 40 SF 13' -4' X 3' -0' FIGURE 3 86 SF 21' -6' X 4' -0' 49 SF 40 SF 40 SF 19' -61 X 7 -8' 13'-4' X 3' -0' 13' -4' X 3' -0• SNATm -\ STOtE \ TO I I METAL/WOW NIGKEFl9 PANT FACADE AREA - 488 S SIGN AREA ALLOWED - 40 SF SIGN AREA PROPOSED 40 SF DE AREA - 819 SF FACADE AREA - 486 S FACADE AREA - 1428 SF AREA ALLOWED - 49 SF SIGN AREA ALLOWED - 40 SF SIGN AREA ALLOWED - 86 SF AREA PROPOSED - 49 SF SIGN AREA PROPOSED 40 SF SIGN AREA PROPOSED - 86 SF TENANT REQUIRED FACADE AREA- 486 SF 8X! 40 SF 13' -4' X 3' -0' FIGURE 3 LEGAL DESCRIPTION BEING a tract of land situated in the William Huff Survey, Abstract Number 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL Investment, L.P. by deed recorded in Volume 13588, Page 189 and all of that tract of land conveyed to Hillwood Development Co. LLC. (Tract 1) by deed recorded in County Clerk's Filing Number D205179108, both of Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Hillwood tract 1 and being in the east right -of -way line of the Texas & Pacific Railroad and the south right -of -way line of State Highway 170; THENCE N84 011'41 "E, 128.04 feet along the south right -of -way line of State Highway 170; THENCE N 84 019'22 "E, 265.15 feet continuing along the north right -of -way line of State Highway 170 to the west right -of -way line of State Highway 377; THENCE S32 °38'1 9"E, 60.67 feet along the west right -of -way line of State Highway 377 to the beginning of a non - tangent curve to the right; THENCE with said non - tangent curve to the right continuing along the west right -of -way line of State Highway 377, an arc distance of 767.04 feet, through a through a central angle of 07 °46'20 ", having a radius of 5654.58 feet, the long chord of which bears S32 °36'54 "W, 766.46 feet; THENCE S36 032'07 "W, 886.07 feet continuing along the west right -of -way line of State Highway 377; THENCE S36 028'55 "W, 259.87 feet continuing along the west right -of -way line of State Highway 377 to the beginning of a curve to the left; THENCE with said curve to the left continuing along the west right -of -way line of State Highway 377, an arc distance of 386.74 feet, through a through a central angle of 05 °41'22 ", having a having a radius of 3894.72 feet, the long chord of which bears S33 °38'00 "W, 386.58 feet to a point in the aforementioned east right -of -way line of the Texas & Pacific Railroad; THENCE N24 °58'46 "E, 2096.36 feet along the east right -of -way line of the Texas & Pacific Railroad to the Point of Beginning and containing 10.226 acres of land, more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC S663.21, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY, EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. C &B Job No. 015007.040.001.0610 S #FW 09 -L March 20, 2008 J:UOB \01500701 \040 \SUR \WP\LEG \5007ZN 1.LEG.doc POINT OF N c 1 t' 41'. E 265.1 15, 2 "bT 6$ BEGINNING 1 iI 04 bo oP �tl v O D pO Q �V Q0 Soya. ��h ~• O ^� �O VQ ,• � �o e , 0 /M 10.226 ACRES A =07° 46' 20" R =5654. 58' L =767. 04' L. C. =S32° 36' 54" 1 766.46' e 4� Y State tFgnway ago AIL INVESTMENT L.P. VOL. 13588, PAGE 189 D. R. T. C. T. 0 400 1 800 1200 GRAPHIC SCALE IN FEET A =05° 41' 22" R= 3894.72' L= 386.74' L. C. =S33° 38' 00"W 386.58' L A ZONING EXHIBIT OF A TRACT OF LAND IN THE WILLIAM HUFF 5 SURVEY, ABSTRACT 648, TARRANT COUNTY, TEXAS 'This documentwas prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or /�/�� reconfiguration of the boundary of the political tarter Burg- subdivision for which it was prepared.' URGESS, INC. 76102 JOB # DATE: os -ta-os DRAWN: CsE*v CHECKED: AK SHT. NO. PD 3 -10 and PD 3 -11 Current and Proposed Zoning Comparison Category Current PD Requirement Proposed PD Requirement Rationale 11-0t 5ft* and WkM Lot Size 40,000 sf 25,000 sf The unique size and shape of the parcel does not allow for traditional size standards. Lot Width 200 feet 125 feet The unique size and shape of the parcel does not allow for traditional width standards. Setback* The parcel is adjacent to the railroad ROW and 30 Rear Yard 50 feet 30 feet feet is all that is required for circulation, but the setback is still large enough to satisfy fire lane requirements. Side Yard 4 feet 10 feet 10 feet allows for more buffer between lots. Sin ftndards Business The increase in sign height and monument and Monument Maximum height = 4 feet Maximum height = 7 feet sign area gives the ability for signs to match the Signs (Type 1) Maximum sign area = 20 sf Maximum sign area = 25 sf overall architectural design of the center as well as Building Maximum monument area = 20 sf. Maximum monument area = 75 sf. tenants needs for maximum visibility to the street smaller than 20000 %f frontage. Business The increase in sign height and monument and Monument Maximum height = 4 feet Maximum height = 8 feet sign area gives the ability for signs to match the Signs (Type 1) Maximum sign area = 24 sf Maximum sign area = 35 sf overall architectural design of the center as well as Building larger Maximum monument area = 40 sf. Maximum monument area = 100 sf. tenants needs for maximum visibility to the street than 20,000 sf frontage. April 16, 2008 PD 3 -10 and PD 3 -11 Current and Proposed Zoning Comparison Category Current PD Requirement Proposed PD Requirement Rationale Business The Business Monument Sign - Type 2 would be Monument Maximum height = 3 feet Maximum height = 6 feet for use by single tenant users under 15,000 sf. Signs (Type 2) Maximum sign area = 18 feet Maximum sign area = 20 sf The intention is to allow multiple lots use one sign Building Maximum monument area = 18 feet Maximum monument area = 50 sf. at each entrance which would reduce the total smaller than number of signs and the amount of sign area (see Si na e Comparison). Fagade signs that are larger provide for safer Retail Facade Maximum aggregate sign area of all signs on a Maximum aggregate sign area of all signs on a ingress and egress to the public through improved Signs building is 4% of the aggregate area of all street building is 6% of the aggregate area of all street visibility as well as better visibility and marketing to facing building facades. facing building facades. the tenant. These requirements will still maintain the integrity of reduced signage within the Town. Facade signs that are larger provide for safer Retail Facade Maximum aggregate sign area of all signs on any Maximum aggregate sign area of all signs any ingress and egress to the public through improved Signs one building facade is 4% of the building one building facade is 6 /o of the building facades. c visibility as well as better visibility and marketing to facades. the tenant. These requirements will still maintain the integrity of reduced signage within the Town. Maximum aggregate sign area of all signs Maximum aggregate sign area of all signs Fagade signs that are larger provide for safer advertising any one business is the lesser of (a) advertising any one business is the lesser of (a) ingress and egress to the public through improved Retail Facade 180 sf or (b) the greater of a minimum of 20 sf or 180 sf or (b) the greater of a minimum of 40 sf or visibility as well better visibility and marketing to Signs 4% of the street facing building facade occupied 6% of the street facing building fagade occupied by the tenant. These requirements will still maintain by such business. Each business shall be such business. Each business shall be entitled to the integrity of reduced signage within the Town. entitled to a minimum of 20 sf of sign area. a minimum of 40 sf of sign area. April 16, 2008 PD 3 -10 and PD 3 -11 Current and Proposed Zoning Comparison nt Along the north side of 170 - Average width of Town Edge 100 feet and a minimum width of 50 feet from the Landscape highway ROW. Zone on 170 Along the south side of 170 - Average width of 150 feet and a minimum width of 70 feet from the highway ROW. Along the north side of 170 - Average width of 50 feet from the highway ROW. Along the south side of 170- Average width of 50 feet from the highway ROW. Town Edge Along the west side of 377 -The landscape Along the west side of 377 -The landscape zone Landscape zone shall have a minimum width of 50 feet from shall have a minimum width of 50 feet from the Zone on 377 the highway ROW. highway ROW. Parking Lots Parking Lot Edge Parking Lot Landscaping - Location of Required Landscape Shall include a minimum of sixty (60) sf of landscaped area for each off - street parking space A parking lot edge shall surround each parking lot and shall be a minimum of ten (10) feet wide. The combined parking lot edge may overlap the parking setback line. When separating two parking lots, the parking lot edge shall be a minimum of twenty (20) feet wide and shall contain a minimum three (3) foot high berm. Required landscape area shall occur entirely within the parking lot and parking lot edge. Shall include a minimum of sixty (60) square feet of landscaped area for each required off - street parking space. This requirement shall be met on the overall zoned parcel. A parking lot edge shall surround each parking lot and shall be a minimum of ten (10) feet wide. The combined parking lot edge may overlap the parking setback line. The parking lot edge shall constitute the edge around all of the parking instead of individual lot lines. Required landscape area shall occur within the parking lot, parking lot edge and town edge landscape zone. Minimum of 1 tree per 2.5 parking spaces. I Minimum of 1 tree per 4 parking spaces. Tree Density No parking space may be greater than 15 feet No parking space may be greater than 30 feet from from a tree. a tree. The unique character of the slope of the ROW on SH 170 renders the larger landscape buffer inefficient from an aesthetic viewpoint. The average of 50 feet allows for proper planting and use of the unique topographic considerations. In addition, the average width between the curb and property line is 75 feet. Town requirements are met on this. This will allow for better clustering and growth of vegetation especially with the unique size and shape of some of the lots. The parking lot edge will constitute the edge around all parking which allows the cross access and shared parking needed to accommodate the interactive uses on this parcel. This also makes it more appropriate for individual lots that are unconventional size and shapes. Based on the size and shape of the parcel it is more appropriate to include the town edge landscape zone to satisfy the criteria. This will allow for better clustering and spacing of trees to allow for proper maturation. In addition, the size and shape of the parcel was taken into consideration to be consistent with the intent of the current PD. April 16, 2008 PD 3 -10 and PD 3 -11 Current and Proposed Zoning Comparison Category Current PD Requirement Proposed PD Requirement Rationale L " n SWWords The use of taller luminaries is needed to allow for better facade visibility and better overall lighting coverage for the site. For example, on the PD 3- 10 tract if the height of the luminaries is raised to Luminaire 25 feet 35 feet if the total number of luminaries on the 35 feet, only 12 poles are needed as opposed to Height g parcel is decreased by at least 10 %. 15 poles at the required 25 foot height. Foot candles will still be zero at the property line per Town requirements. Locations and height of poles may allow TXDOT to modify their lighting within the Highway 377 and SH 170 ROW. April 16, 2008 Signage Comw ,son PD 3 -10 SWC US Hwy 377 and SH 170 Sign Type Signage Allowed Per Current Zoning Monument and Sign Area Sign Area Within Monument Number of Signs Total Monument and Sign Area Total Sign Area Within Monument Business Monument - Type 1 Building less than 20,000 sf 20 sf 20 sf 2 40 40 Business Monument -Type 1 Building more than 20,000 sf 40 sf 24 sf 1 40 24 Business Monument - Type 2 18 sf 18 sf 4 72 72 Total 7 152 136 Sign Type Signage Requested Per Proposed Zoning Monument and Sign Area Sign Area Within Monument Number of Signs Total Monument and Sign Area Total Sign Area Within Monument Business Monument - Type 1 Building less than 20,000 sf 75 sf 25 sf 3 225 75 Business Monument - Type 1 Building more than 20,000 sf 100 sf 35 sf 1 100 35 Business Monument -Type 2 50 sf 20 sf 0 0 0 Total 4 325 110 Number of Signs Total Monument and Sign Area Difference Total Sign Area Within Monument Difference Difference in Signage requested per Proposed Zoning to signage allowed per Current Zoning 3 fewer signs* 173 addl. sf* 26 fewer sf* *Proposed zoning allows for more monument area to provide for architectural consistency with the shopping center, but the total sign area is less than what is allowed by the current zoning. Total number of signs is decreased by 43 %. This represents the signage based on the concept plan, but signage for each lot will be further reviewed and approved during the site plan approval process. PP I -?f v J_ 5 fkC. -.6c-, lk, \ya g Business Monument Sign -Type 1 0 9M IF=* 1BUSINE9 L- NAM Maximum Sign Area = 20 sf Maximum Monument Area = 20 sf =111111 III! 111 1 111! • • 1 A 10 110 Me BUSISS NAME__� Maximum Sign Area = 24 sf P Maximum Monument Area = 40 sf r— Building 20,000 - 125,000 sf kL 7 C�ffccEMaximum Sign r 1 7 L_ —___- Area = 36 s BUSINESS CENTER Maximum Monument L--------- --- ------- - - - --� Area = 60 sf Building - larger than 125,000 sf \ e-✓ L, r- c,�e M S --per o -cc% 5� 6' t �- t'-�, i9 `l � Business Monument Sign -Type 2 Lei Maximum Sign Area = 18 sf 1� Maximum Monument ' r �o Area = 18 sf E QC-r �D 3`(O pU 3' \1 � Qr \ �laiaOO� ARGNITEGTURAL ELEMENT 'IAXIMUM P90NUNEN T AREA = 5O 5 NAXINUN SIGN ARE = 20 5= 8 - nA Zr BUILDING LESS THAN 15,000 SF BUSINESS MONUMENT SIGN TYPE 2 FIGURE 2 \ e � �) -z-> - �o -,k Pt 3-Ll km�ZJ. f�`Pr;� [�.��O�i ARCHITECTURAL ELEMENT MAXIMUM MONUMENT .AREA = 100 5F MAXIMUM 51GN AREA - 35 5F TE' ° vT Tl- , L _ BUILDING MORE THAN 20,000 SF ARC41TECTURAL ELEMENT MAXIMUM MONUMENT AREA - 15 5F MAXIMUM 51C-N AREA = 25 5F �e BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TVPR 1 FIGURE I Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Tom Brymer, Town Manager Eddie Edwards, Director of Planning and Development Subject: Regular meeting of April 24, 2008 Date: April 17, 2008 ITEM Conduct a Public Hearing and take appropriate action regarding an application for an amendment to the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, by removing approximately 10.82 acres from Planned Development 3- Planning Area 9 (PD 3 -9) and rezoning that acreage to be called Planned Development 3- Planned Area 11 (PD 3 -11); authorizing office and retail uses; defining certain terms; describing and interpreting the PD concept plan, regulating permitted uses, height, lot sizes, building lines, total floor area, parking, loading and other development standards; landscaping, flood plain, and drainage; providing for the amendment of the official zoning map; providing a savings clause; and declaring an effective date. BACKGROUND The applicant desires to rezone approximately 10.82 acres generally located North of State Highway (SH) 170 and East of SH 377. (See enclosed site plan.) This property is currently zoned within PD 3 -9, which means it is part of "Planning area 9" of the "Planned Development '3" zoning district. The subject property is bounded by rail road right -of -way to the West, TXDOT right -of -way to the South and East. This parcel does not contain a North side due to its triangular shape. By amending the boundaries of PD 3 -9, the planning area is reduced by approximately 10.82 acres but is otherwise unchanged. The newly created planning area PD 3 -11 (Planning Area l lof Planned Development 3) has been specifically tailored to accommodate the unique shape of the parcel of land and the retail / office uses. The changes being proposed for this new district as compared to the existing zoning are lot size, setback, signage, lighting, and landscape related. Attached are two comparison tables detailing the proposed changes; including the applicant's rationale for the changes. ACTION REQUESTED: Make a recommendation to the Board of Aldermen to approve the proposed amendments to PD 3 supplement as presented. (Ordinance draft attached) PD 3 -11 377 NORTH COMMERCIAL ORDINANCE NO. AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.82 ACRES FROM THE PD 3 -9 PLANNING AREA AND REZONING THAT ACREAGE TO BE CALLED 3 -11. AUTHORIZING OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board adopted a Comprehensive Plan (the "1992 Comprehensive Plan ") for the Town; and WHEREAS, on November 16, 1992, the Board of Aldermen (sometimes referred to as the "Board ") of the Town of Westlake, Texas (the "Town "), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance "); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission "); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC ") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on July 27, 1998; and WHEREAS, there is located within the corporate limits of the Town an approximately 10.82 -acre tract of land (commonly known as PD 3 -11 377 North Commercial and hereinafter sometimes referred to as the "Planning Area "); and WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning Area, are not available and will not be available without a long- term commitment of both public and private funds to finance infrastructure, amenities, and services; and April 16, 2008 ORDINANCE PD 3 -11 377 North Commercial Page 1 007510.00019:0360295.05 007510.00019:0360295.05 WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning Area, are not available and will not be available without a long- term commitment of both public and private funds to finance infrastructure, amenities, and services; and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long -term development vision; and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for office and retail uses within the Planning Area that will be consistent with the Towns long -term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, floodplain, subdivision and other standards otherwise applicable under the UDC; and . WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, on July 27, 1998, after receiving recommendations from the Commission, the Board approved and adopted an amendment to the Thoroughfare Plan, and an amended Conceptual Open Space Plan to the 1992 Comprehensive Plan; all of which amended plans are approved and adopted by the Board to enable the Town to maximize the opportunities and benefits to the Town and all of its citizens that will result from the Planning Area; and WHEREAS, the Commission and Board held a public hearing upon the application of AIL Investment, L.P. to rezone the approximately 10.82 -acre tract of land to a "PD" Planned Development District on , after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being 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 hereinafter described property be rezoned to "PD 3 -11" Planned Development District 3 Planning area 11; and WHEREAS, the Board believes that the interests of the Town, the 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 Board has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; CADocuments and Settings \Inspector \Desktop \PD3 -1 IM'D 3 -11 \pd 3 -11 ord draftldoc NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, as codified in the Code of Ordinances and the Planned Development Supplement, is hereby amended by this PD Ordinance, by adding Planned Development District No. 3 -11 and rezoning the property described in Exhibit 1 attached hereto by reference for all purposes to PD 3 -11. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3 -11" and the date that this Ordinance was adopted by the Board. PART IV 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 Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. CADocuments and Settings \Inspector \Desktop \PD3 -1 I \PD 3 -1 I \pd 3 -11 ord draftldoc nAUT V This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS MAYOR ATTEST: Town Secretary APPROVED AS TO FORM: Town Attorney April 16, 2008 ORDINANCE PD 3-11377 North Commercial Page 4 007510.00019:0360295.05 007510.00019:0360295.05 CIRCLE T PLANNING AREA 3 -11 377 NORTH COMMERCIAL ARTICLE I. GENERAL PROVISIONS SECTION1 SHORT TITLE ............................................................................. ..............................1 SECTION2 PURPOSES .................................................................................. ............................... l SECTION 3 GENERAL DEFINITIONS .......................................................... ..............................1 Section3.1 Usage .................................................................................. ..............................1 Section 3.2 Words and Terms Defined ................................................. ............................... l SECTION 4 PD SUPPLEMENT ...................................................................... ..............................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS .................. ..............................2 Section 5.1 Applicable Town Ordinances ............................................. ..............................2 Section 5.2 General Approval Criteria .................................................. ..............................3 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS ........................3 Section6.1 PD Concept Plan ................................................................. ..............................3 Section 6.2 PD Development Plans ....................................................... ..............................3 Section 6.3 PD Site Plans ...................................................................... ..............................3 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE ............................................................. ..............................4 SECTION 2 ACCESSORY USES AND STRUCTURES ................................ ..............................8 ARTICLE III. DEVELOPMENT STANDARDS SECTION1 DENSITY .................................................................................... ............................... 9 Section1.1 Retail ................................................................................... ..............................9 SECTION 2 MINIMUM LOT SIZE ................................................................. ..............................9 Section2.1 Retail ................................................................................... ..............................9 SECTION 3 MINIMUM LOT WIDTH ........................................................... ............................... 9 Section3.1 Retail ................................................................................... ..............................9 SECTION 4 MAXIMUM BUILDING HEIGHT ............................................. ..............................9 Section4.1 Retail ................................................................................... ..............................9 April 16, 2008 Table of Contents PD 3 -11 377 North Commercial Page i ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 Section 4.5 Exceptions to Height Requirements .................................... ..............................9 SECTION 5 MINIMUM BUILDING SIZE ...................................................... ..............................9 Section5.1 Retail ................................................................................... ..............................9 SECTION 6 FRONT YARD SETBACKS ........................................................ ..............................9 Section6.1 Retail ................................................................................... ..............................9 SECTION7 REAR YARD SETBACKS .......................................................... ..............................9 Section7.1 Retail ................................................................................... ..............................9 SECTION 8 SIDE YARD SETBACKS ........................................................... .............................10 Section8.1 Retail .................................................................................. .............................10 SECTION 9 SLOPE REQUIREMENTS .......................................................... .............................10 SECTION 10 SIGNAGE REQUIREMENTS 14 Section 10.1 Business Monument Signs (Type 1) ................................ .............................10 Section 10.2 Business Monument Signs (Type 2) ................................ .............................10 Section 10.3 Retail Fagade Signs ......................................................... ..............................1 l SECTION 11 LANDSCAPE REQUIREMENTS 15 Section 11.1 Landscape Treatment of Town Edge Landscape Zone ... ..............................1 l Section 11.2 Parking Lot Landscaping ................................................. .............................11 SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height ............................................................. .............................12 ARTICLE IV. FIGURES FIGURE 1 Business Monument Sign - Type 1 FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Fagade Signs April 16, 2008 Table of Contents PD 3 -11 377 North Commercial Page ii ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plan April 16, 2008 Table of Contents PD 3 -11 377 North Commercial Page iii ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE I. GENERAL PROVISIONS SECTION I SHORT TITLE This ordinance shall be known and may be cited as the "PD 3 -11 377 North Commercial Planned Development Zoning District Ordinance ", or simply as the "PD Ordinance ". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for retail development along US Hwy 377 on the north side of SH 170 to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District. Board means the Board of Aldermen of the Town of Westlake, Texas. Planning Area means the area which has been established as a planned development zoning district. Circle T Ranch means the approximately 2,525 -acre property commonly known as the Circle T Ranch and generally located in Tarrant and Denton Counties (i) east of U.S. 377, (ii) west of Precinct Line Road, and (iii) adjacent to and in the vicinity of the intersection of S.H. 114 and S.H. 170. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above - grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area April 16, 2008 Article I. General Provisions PD 3 -11 377 North Commercial Page 1 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, EIFS, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district established by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. PD Supplement means that certain Circle T Planned Development Zoning District Supplement adopted by the Board on March 22"d 2004. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT On March 22T'd 2004, the Board adopted the PD Supplement via Ordinance No. 450. The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: A. With respect to the retail sub - areas, by the "R -Local Retail" zoning district standards; Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except April 16, 2008 Article 1. General Provisions PD 3 -11 377 North Commercial Page 2 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 5.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Board, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan The PD concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "PD Concept Plan". Except as otherwise provided by this PD Ordinance or the PD Supplement, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan - Planning Area The drawing labeled "PD Concept Plan" identifies the general boundaries of the PD District for the "PD 3 -11 377 North Commercial ". The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 6.2 PD Development Plans Because of the level of detail contained in the PD Concept Plan, the Board (at the time this PD District was established) waived the requirement for development plans. Based on such waiver, development plans shall not be required for development within this PD District. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 3.4, of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). April 16, 2008 Article I. General Provisions PD 3-11377 North Commercial Page 3 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub -areas identified on the PD Concept Plan shall be used only in accordance with the uses permitted in the following "Land Use Schedule ". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. CIRCLE T PLANNING AREA 3 -11377 NORTH COMMERCIAL LAND USE SCHEDULE PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail' AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) x Farms General (Crops) X Farms General (Livestock, Ranch) X Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Stables (Private Use) Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants /Caretakers Quarters Temporary Accommodation For Employees /Customers /Visitors Swimming Pool (Private) Detached Garage (Private) Sport/Tennis Courts (Private) INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X April 16, 2008 Article II. Uses PD 3 -11 377 North Commercial Page 4 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 PERMITTED USES X= Pennitted, A= Accessory Use, S =SUP SUB- AREAS Retail' Post Office (Governmental) X Mailing Service (Private) X Heliport S HelistopNerti -stop X Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Utility Shop and Storage S Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) S Water Storage Tank and Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, and Gas Meters x Electric Transformers X Private Streets /Alleys /Drives X Retirement Home X Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic X Child Daycare (Public; 7 or more) X Child Daycare (Private; 7 or more) School, K -12 (Public or Private) School (Vocational) College or University Community Center (Public) X Civic Club X Church or Place of Worship X Use Associated to a Religious Inst. X Government Building x Police Station X Fire Station X Library X Data Center Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X April 16, 2008 Article H. Uses PD 3-11377 North Commercial Page 5 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 PERMITTED USES X= Pennitted, A= Accessory Use, S =SUP SUB- AREAS Retail' Infonnation Processing Hotel /Motel X Hotel/Motel with Conferencing Facility Laundry /Dry Cleaning (<3,000 S.F.) X Laundry/Dry Cleaning (Drop/Pick) X Shoe Repair X Beauty Parlor /Barbershop X Clothing Store X Quick Copy/Duplicating Services X Personal Services X Liquor Store X Micro - brewery and Wine Production and Sales ( <30,000 S.F.) Grocery X Convenience Store X Service Station X Drug Store X Variety Store X Bakery Sales X Stationery and /or Book Store X Antique Shop X Art Gallery/Museums X Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores - General (Excluding Second Hand Goods) X Restaurant, Cafe or Dining Facility X Auto/Truck Parts and Accessories S Household Furniture /Appliances (including Sales and Service) X Fanner's Market X Feed Store X Parking Structure Cafeteria (Private) Job Printing, Lithography, Printing, or Blueprinting X Vehicle Display and Sales (inside) Medical Laboratory R &D Laboratory Conference Center Live Theater April 16, 2008 Article II. Uses PD 3-11377 North Commercial Page 6 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail` Motion Picture Theater Custom Business Services Electronic Appliances Store and Computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Nightclubs AMUSEMENT/RECREATION Golf Course (Public or Private) Park or Playground (Public or Private) x Satellite Dish x Non - Commercial Radio Tower S Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) Golf Clubhouse (Public or Private) Community Center (Private) Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) x Golf Maintenance Facility Golf Pro Shop Health/Spa Facilities (Private) Athletic Fields (Private) Athletic Courts (Private) Equestrian Center Athletic Courts (Public) Commercial Amusement (Inside) Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair S Auto Mechanical Repair S Quick Lube /Oil Change S Vehicle Maintenance (Private) S Vehicle Fueling (Private) WHOLESALE TRADE Warehouse /Storage(Inside) Warehouse /Storage (Outside) Scrap/Waste Recycling Collection and /or Storage April 16, 2008 Article II. Uses PD 3-11377 North Commercial Page 7 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 PERMITTED USES X= Permitted, A= Accessory Use, S =SUP SUB- AREAS Retail' Gas /Chemical Bulk Storage Light Manufacturing /Assembly Apparel Manufacturing - Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books /Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X3 Temporary Construction Materials Storage X3 Temporary Sales Office NOTES: 1. Permits individual retail occupants with more than 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. April 16, 2008 Article II. Uses PD 3 -11 377 North Commercial Page 8 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Retail The maximum floor area ratio for the retail sub -areas shall be 0.30:1. SECTION 2 MINIMUM LOT SIZE Section 2.1 Detail The minimum lot size for the retail sub -areas shall be 25,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Retail The minimum lot width for the retail sub -areas shall be 125 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Retail Except as provided below, the maximum height for all structures within the retail sub -area shall be two stories or 35 feet. Section 4.2 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, elevator shafts, penthouses, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Retail The minimum building size for the retail sub -areas shall be 2,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Retail The minimum front yard for the retail sub -areas shall be 50 feet. SECTION 7 REAR YARD SETBACKS Section 7.1 Retail The minimum rear yard for the retail sub -areas shall be 30 feet. April 16, 2008 Article III. Development StandardsPD 3-11377 North Commercial Page 9 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 SECTION 8 SIDE YARD SETBACKS Section 8.1 Retail The minimum side yard for the retail sub -areas shall be 10 feet. SECTION 9 SLOPE REQUIREMENTS The height of non residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. SECTION 10 SIGNAGE REQUIREMENTS Where not expressly written in this section the PD Supplement will govern all signage requirements. Section 10.1 Business Monument Signs (Type 1) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size shall be 75 square feet including architectural elements; (b) the maximum sign area is 25 square feet; (c) the maximum height is seven feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of- way. 3. If the total floor area of a building is more than 20,000 square feet: (a) the maximum monument size shall be 100 square feet including architectural elements; (b) the maximum sign area is 35 square feet; (c) the maximum height is eight feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of -way. 4. See Figure 1 for an example of Business Monument Signs — Type 1 Section 10.2 Business Monument Signs (Type 2) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 15,000 square feet and is occupied by a single user: (a) the maximum monument size shall be 50 square feet including architectural elements; (b) the maximum sign area is 20 square feet; (c) the maximum height is six feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right -of -way. April 16, 2008 Article III. Development StandardsPD 3 -11 377 North Commercial Page 10 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 3. If the use of a Business Monument Sign (Type 1) allows tenants of multiple lots to be on one sign and decreases the overall number of individual signs, then the use of a Business Monument Sign (Type 1) is allowed at the driveway entrances to the shopping center. 4. See Figure 2 for an example of Business Monument Signs — Type 2 Section 10.3 Retail Facade Signs 1. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on a building is 6% of the aggregate area of all street facing building facades. 2. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on any one building facade is 6% of the area of the building facade. 3. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180, square feet or (b) the greater of 40 square feet or 6% of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 40 square foot sign notwithstanding the aggregate limits set forth in Subsections 1 and 2 above. 4. See Figure 3 for an example of Retail Fagade Signs SECTION 11 LANDSCAPE REQUIREMENTS Section 11.1 Landscape Treatment of Town Edge Landscape Zone The Town Edge Landscape Zone on State Highway 170 west of US Highway 377 shall be an average width of 50 feet from the highway right -of -way line. Section 11.2 Parking Lot Landscaping A. Landscape Areas 1. Parking Lots Parking lots shall include a minimum of sixty (60) square feet of landscaped area for each required off - street parking space. This requirement shall be met on the overall zoned parcel to allow for better clustering and growth of vegetation. 2. Parking Lot Edge A parking lot edge shall surround each parking lot and shall be a minimum of ten (10) feet wide. The combined parking lot edge may overlap the parking setback line. Because of the cross access and shared parking needed to accommodate the interactive uses on this parcel the parking lot edge shall constitute the edge around all of the parking instead of individual lot lines. 3. Location of Required Landscape Area Required landscape area shall occur within the parking lot, parking lot edge and town edge landscape zone. April 16, 2008 Article III. Development StandardsPD 3-11377 North Commercial Page 11 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 B. Landscape Requirement Tree Density There shall be a minimum of one (1) tree per 4 parking spaces in all parking areas. These trees may be planted anywhere within the parking lot (including spot islands and linear islands) or within the parking lot edge. This density of trees will allow the required shrubs and groundcover to grow in a healthier environment without the intrusion of tree canopy which restricts the available sunlight. No parking space may be greater than thirty (30) feet from a tree (measured from the nearest curb line of the island containing the tree to the nearest point on the edge of the parking space). SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height Luminaries used for building security or to illuminate building facades, entrances, and loading and service areas may be installed (i) on the building fagade but not above the building roof line; and (ii) anywhere on the lot with a maximum height of 25 feet, but not higher than the building roof line. If by increasing the height of luminaries decreases the total number of luminaries across the zoned parcel by 10 %, then taller luminaries are allowed up to a maximum height of 35 feet April 16, 2008 Article M. Development StandardsPD 3-11377 North Commercial Page 12 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE IV. FIGURES FIGURE 1 Business Monument Sign - Type 1 FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Facade Signs ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD 3 -11 EXHIBIT 2 PD Concept Plan CADocuments and Settines \Inspector \Desktop \PD3 -1 1 \PD 3 -11 \pd 3-11 ord draftldoc ARGHITECTURAL ELEMENT MAXIMUM MONUMENT AREA : 100 SF TEP.° ,'T t5_ _ MAXIMUM SIGN AREA : 35 5F TBW'T TEK..PT BUILDING MORE THAN 20,000 SF ARCHITECTURAL ELEMENT MAXIMUM MONUMENT AREA = 15 5F _ TEFeAFl _ MAXIMUM 51&N AREA = 25 5F 8 qwr TEWT BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TYPF. 1 ARGH17EG7URAL ELEMENT MAXIMUM MONUMENT AREA = 50 $F MAXIMUM $IGN AREA = 20 $F TENANT - BUILDING LESS THAN 15,000 SF BUSINESS MONUMENT SIGN TYPE 2 FIGURE 2 STW FACADE AREA - 480 S SIGN AREA ALLOWED - 40 SF SIGN AREA PROPOSED 40 SF FACADE AREA - 818 SF FACADE AREA - 488 S FACADE AREA - 1429 SF SIGN AREA ALLOWED - 49 SF SIGN AREA ALLOWED - 40 SF SIGN AREA ALLOWED - 88 SF SIGN AREA PROPOSED - 49 SF SIGN AREA PROPOSED 40 SF SIGN AREA PROPOSED - 86 SF PANT KICKERS TENANT REQUIRED FACADE AREA, 488 SF 8x.- 40 SF 13' -4' X 3' -0' ell 86 SF SMILATED T STOME STAMM SEAM ���`�'�"°�''' WTAL ROOF �= IIIIIIIIIIIIiIIIIIIIIIIQ1� �. ■7r C ■��• `h11 ��r � lIllilllllllllllllllllllll'- `L ��� qtr �r STW FACADE AREA - 480 S SIGN AREA ALLOWED - 40 SF SIGN AREA PROPOSED 40 SF FACADE AREA - 818 SF FACADE AREA - 488 S FACADE AREA - 1429 SF SIGN AREA ALLOWED - 49 SF SIGN AREA ALLOWED - 40 SF SIGN AREA ALLOWED - 88 SF SIGN AREA PROPOSED - 49 SF SIGN AREA PROPOSED 40 SF SIGN AREA PROPOSED - 86 SF PANT KICKERS TENANT REQUIRED FACADE AREA, 488 SF 8x.- 40 SF 13' -4' X 3' -0' ell LEGAL DESCRIPTION BEING a tract of land situated in the William Huff Survey, Abstract Number 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL Investment, L.P. by deed recorded in Volume 13588, Page 189, a portion of that tract of land conveyed to AIL Investment, L.P. by deed recorded in Volume 13275, Page 542, and all of that tract of land conveyed to Hillwood Development Co. LLC. (Tract 2) by deed recorded in County Clerk's Filing Number D205179108, all of Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Hillwood tract 2 and being in the east right -of -way line of the Texas & Pacific Railroad and the north right -of -way line of State Highway 170; THENCE N25 002'32 "E, 1594.51 feet along said Texas & Pacific Railroad right -of -way; THENCE S89 047'48 "E, 151.92 feet leaving said Texas & Pacific Railroad right -of -way and to a point in the west right -way line of State Highway 377; THENCE S11 °04'58 "W, 395.27 feet along said west right -way line to the beginning of a curve to the right; THENCE with said curve to the right continuing along said west right -way line, an arc distance of 1102.95 feet, through a through a central angle of 11 °l 0'33 ", having a having a radius of 5654.58 feet, the long chord of which bears S 16 °39'33 "W, 1101.20 feet to the north right -of- way line of State Highway 170; THENCE S52 039'53 "W, 53.86 feet along said north right -of -way line of State Highway 170; THENCE N85 024'58 "W, 393.62 feet continuing along said north right -of -way line of State Highway 170 to the POINT OF BEGINNING and containing 10.827 acres of land, more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC 5663.21, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY, EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. C &B Job No. 015007.040.001.0610 S #FW 09 -L March 20, 2008 J:\JOB \01500701 \040 \SL1R \WP\LEG \5007ZN2. LEG. doc Ic �� o oP 4� V� v O POINT OF BEGINNING / tiG V� INC. 4 y°j = e� �• J' bo 10.827 ACRFS 93-0 Ar W S19.39 '53" W S69'47'48(1 151. 92' cn in R N O co N 4 h 12, TCAR L. P. CC• 46- R006556i R. P. R. 0. C. T. AIL D� T. C2TSMEPACEL�42 0 400 1 800 1200 GRAPHIC SCALE IN FEET vOL. � 3588,�EPA�iEL189 p =1 1 ° 10' 33" D. R. T. C. T. R =5654. 58' L= 1102.95' L. C. = S16 -39' 33 "W 1101.20' State High»vy 170 A ZONING EXHIBIT OF A TRACT OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT 648, TARRANT COUNTY, TEXAS "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real properly except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared.' SHT. NO. Concept Plan woj�� _ r � M s y � i r d PD 3 Amendment PD 3 -11 newly created planning area PD 3 -9 planning area boundary amendment From: Planning area 9 (PD3 -9) removing 10.82+ acres. To: Planning area I I (PD3-1 1) Creating aRetail /Office Planning Area specific to this site. Comparison of Permitted Uses No change to permitted uses Proposed changes to development regulations are shown in comparative tables included in your packets • Landscape • Lighting • S ignage • Setbacks • Lot size Impact on Planning Area 9 (PD 3 -9) The area of planning area 9 (PD 3 -9) will be reduced by approximately 10.82 acres, but the floor area ratios for the various sub areas are not being changed so the density of the remaining planning area will not be impacted. n ♦ w� w� .w r L x Vicinity Map lZ CIRCLE RANCH' Q-I- e •a ,e+ A, •F • +to. too 'as —i 4 ply Concept Plan .,. `., _ � , .fir pY•, b 1 _ , ,. P • .. 1 �' ' ''x $� ! l• e A Y k � Y +I1 '1 i�! •7 1 .°x ^ � ,. bd��y^ dg is �:m�l �.'\ f a T,. � � eY' !`�'°fh�bm , � .•r.dw � '',+� <�..F ` �,�y � � ti ! i.y;�•1�-4; J y. f LI 6 .! •� -7c:4 r, , -'. - v .� ''" :• '� i .r:.._.. 3 ,.y Y a-1 1h iL Ry .n � v t . 4 @ � � -- :.•s ,. � .� r _- .- '-`r'fi ;.g ,y t, �.' -0.r a"' `i ..tii9 : � a• m -ca L , »_ PD 3 Amendment PD 3 -12 newly created planning area PD 3 -3 planning area boundary amendment From: Planning area 3 (PD3 -3) removing 107+ acres. To: Planning area 12 (PD3 -12) Creating an Education and Conference Center Planning Area Comparison of Permitted Uses PD 3 -3 • Office • Retail • Residential • Hotel /Motel • Golf • Restaurant PD 3 -12 • Office • Retail - Accessory Use • Conference/ Education Center • Golf • Restaurant • Data Center Impact on Planning Area 3 (PD 3 -3) Although the area of planning area 3 (PD 3 -3) will be reduced by approximately 107 acres, the number of houses, and the square feet of resort hotel and office use are not being reduced. W' 'rA/2_+/o8 BLDG. 13 AREA B L Mi, AREA sees man RE • IDOPEN AREA SITE AREA: BLDG. AREA: PARKING AREA: LANDSCAPE AREA: 449,500 SF / 10.2 AC 47,600 SF 1.1 AC 11% 212,741 S F 4.8 AC 47% 189,159 SF J 4.3 AC 42% US 377 ,N 01 CONCEPT PLAN m m mor 0' 50 1007 .50' 200 250' SCALE, r - 00'Wo JOB-, 27007 v IS-SUE DATE. 03/119/08 O'BRIEN & ASSOCIATES, INC. SWC US HWY 377 & SH 170 APPROVED By, DATE. ARCHITECTURE INTERIORS PLANNING TOWN OF WESTLAKE, TEXAS HILLWOOD PROPERTIES Current Zoning:® PD GENERAL SITE CONCEPT PLAN NOTES: .- R .. SITE LIGHTING AND BUILDING UGHTING SHALL CONFORM TO ALL PD Ortlinance Number 453 Turner Lake APPLICABLE ENERGY CODES AND THE PLANNED DEVELOPMENT Circle T Planned Development ORDINANCEGOVERNING THIS SITE AND SHALL COMPLY WITTI INDUSTRY Zoning District Supplement �• ��" / / w STANDARU'DARK SKIES'RECUTATIONS. � 4 `� 51 % / � / /•: \ �y -/ (, �� 2. SITE LANDSCAPE INSTALLATION INCLUDING PLANTINGS AND IRRIGATION SHALL FOLLOW ALL REQUIREMENTS SET FORTH BY THE PLANNED DEVELOPMENTORDINANCEGOVERNINGTHISSME. `ffJ %j/�/�® •I. \ \1 / I 3. ALL PROPOSED PLANT MATERIAL SHALL BE NATNE OR ADAPTED PLANT ' MATERIAL THAT CORRESPONDS TO THE REGION AND MORE 2 SPECIFICALLY TO THE SITE ALL MATERIAL SHALL MEET OR EXCEED SIZE ANDSPECIFICATIONREOUIREMENTSANDACRIBETOTHEREOUIRED W✓'�_— _.`J 4 PLANTTYPES ASSETFORTHTHEPLANNEDOEVELOPMENTORDINANCE GOVERNING THIS SITE _- _Ut^ 6. SRE TREE PLANRNGS SHALL MEE OR EXCEEDTHE R IREMENTS OF THE PLANNED DEVELOPMENT ORDINANCE GOMEFINING THIS SITE INCLUDING THE REQUIRED QUANTnES PER ACRE. STREET FRONTAGE REQUIREME S AND SRE AND TYPE REQUIREMENTS. 5. EXISTING TREES TO REMAIN SMALL BE PROTECTED COIGATE PERT EC lGAONMUREESRSM FSHALLBE LANNEEDEVE TREE MITIGATIONCEGOVRNINGTISSIT.ALL THE PLANNED DEVELOPMENT ORDINANCE GOVERNING THIS SITE ALL / ^� \ -9" / PROVI SD REPLACEMENNNUM RMIREQUION TREES SHALLBE �,�/ \N£ � \ \\ D O SIMILAR NATIVE TOTH SRE OR ADATSANDSHALLHAT SIMILAR SPECIESN CURRENT CONDITIONS OR OND THE TOYINOIES THAT CONFORMS TO THE CURRENT CONDITIONS AND THE TOWN OF \ C, WESTIAX RE E APPROVED TIME LIST. 6. PARKING GARAGE STRUCTURES SHALL BE SCREENED ALONG ALL \ \ PUBLIC RIGHT- OF -WAVS WRH THE USE OF GRADE• TREES AND OTHER \ \ Flood P a i n PLANT MATERIAL AND SHALL COMPLY WITH THE BUI DING HEIGHT / ORDINANCES( NOTTOEX CEED30HOGHT )THEPLANNEDDEVELOPMENT \ 11 .p ORDINANCEGOVERNINGTHISSITE '1 �\ L. ^Future E tense O ]- ALL SERVICE AREAS SHALL BE SCREENED FROM ALL PUBLIC RIGHT OF ( WAYS WHERE APPLICABLE V - VV __O P West Loe 8. ALL LANDSCAPING SHALL CONFORM TO INTERSECTION SIGHT DISTANCE REQUIREMENTS PER THE THOROUGHFARE PLAN REQUIREMENTS. A�) / �O`� ,! O (''� 9. ALL STRUCTURES SHALL COMPLY WITH THE REQUIRED LOT SETBACKS / v `! \✓A _ ✓On 7 f >;l V / AS SET FORTH BY THE PLANNED DEVELOPMENT ORDINANCE GOVERNING . ! q> r j �A 6J /`♦' - Creek -, 4 / // THISSITE ALLURUCTURESSHALLABIDETOTHEPLANNED iVJ E>F ry ^J(� DEVELOPMENT ORDINANCE BUILDING HEIGHT REQUIREMENTS AND 1 - SHALL NOT EXCEED AMA XIMUM ROOF HEIGHT ELEVATION OF ]35 / A � ,O - O �, 10. C RS O A FIRE CODS INCLUDING PROVI DING ACCESS TO ALL BUILDINGS. OO 1. o. THE SITE SHALL ASIDE TO THE PLANNED DEVELOPMENTORDINANCE O ! O "' 2° ®'' n / !' O W r1 GOVERNING PUBLIC PUBLIC TRAIL OPEN NIS, SPACE THE TRAIL REQUIREMENTS _� ! eb Oo O` r 6 �O ��q �;/ ntry L7 /9��✓ / / WITHAIN"EDPURECTRAILSYSTEMS THESITE SHALL PROVIDE AND 1 ( VV )/ MAINTAIN VARIOUS RECREATION AMENIIIE SLFACILRIES INCLUDING BUT // 4j NOT LIMI EDTASMMMIND POOL PLANNED LEEY U- COURTS.H ORDINANCE b �d 0I USEREGULATIONS RECREATIONAMENRIES IFACILITIESSHALLBE �-SU� b -1 '� �Aa- ` //�,'✓� ® d� /' )f J / L / `� / �, /I� � MAINTAINED BY CLIENT AND ARE FOR PRIVATEACCESS ONLV ANO SHALL BE SCREENED FROM ALL PUBLIC RIGHT OF WAYS. Proposed Properly Boundary Main Entryl Reception PL �C�(�►a �� Prop sed Primary P_. P Entry Road 1200 +/- Parking \ Garage Structure 4 �( 9 V Typ. Guestroom Buildings / 30' Height s +/- 70' Height 0 Open Space Buffer � / �,� � " >� � ^� � � � %� --=v1_ _ Future on / ��� • Q �,! / I� Alternate Data Center Fidelity Regional Campus Location 20' Height Point 1ccess _ - i oe Private Recreation/ �O0 -Qoo� Eme,gency /S� Ei9try Open Space 1 •v __� Education Facilities and S ervicelBOH \ I \ +/- 30' Height Creek Typ. Guestroom Buildings i / 70' Height � • � - - - i _ 4 I \ - 3 4 d -v Primary Data Center Location 20' Height cr 1 I i7o �';� Data �ervice E try a / B s 'Public Trail � (� -� J - � � \ � o °Je Q d 1776 d r r � r r r r BLDG 1 r r iii AREA • r r •~ 1.D< 1 r r r r • • REA • • „ '� � r i � •• � BRLA • r U{ • r r r r • • i • BL 0 REA ! • � •i ' + • • Jove `� • • "lam • • BLDG • BLllG. • ! AREA : i • ' (j AREA • BLLK: i Zl • • ! AREA r . �,� • • " • •• i r SITE AREA: BLDG. AREA: PARKING AREA: LANDSCAPE AREA: 470,448 SF / 10.8 AC 38,068 S F / 0.9 AC 8% 268,966 SF / 6.1 AC 57% 163,414 SF / 3.8 AC 35% " 01 CONCEPT PLAN 0' 50' 100' 150' 200' 250' O'BRIEN & ASSOCIATES INC. NWC US HWY 377 & SH 170 APPROVED ED ByD 6'. JDB•27GD7 .ISSUE DATE, 03J25FD8 S APPR{SVED B'.'�� DATE, ARCHITECTURE ■ INTERIORS ■ PLANNING TORN OF WESTLAKE, TEXAS .�� . �:1. ,. ^1 A , M,74i3. ^.. GI" ]A9.;.. 1... iI. N,.._, HILLWOOD PROPERTIES �...�a „�..:.