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Supplemental Packet documentsTOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING AND ZONING COMMISSION AND TOWN COUNCIL Date: 2/19/16 Request: Review and Recommendation of a Zoning Change Request. Agenda Item: Conduct a Public Hearing and Consider a Recommendation Regarding a Zoning Change Request to Amend “Planning Area 5,” a Portion of Planned Development District 3 (PD 3-5), Located along State Highway 170 and State Highway 114, by Dividing Said Planning Area into Two (2) New Planning Areas to be Known as PD 3-5A and PD 3-5B and Establishing Development Regulations, Permitted Uses, and Allowable Densities for Both Planning Areas. Additionally, 336,000 square feet of allowed density will be transferred from PD 3-3 to the PD 3-5 Planning area. I. CASE INFORMATION Development Name: Project Blizzard Location: This property is generally located at the intersection of State Highway 170 and State Highway 114, part of the Circle T Ranch in the PD3-5 Zoning District. Owner: Hillwood Properties Applicant: Joe Schneider, Vice President, Hillwood Properties Developer: Hillwood Properties Site Size: 153 (+/-) acres Permitted Use(s): Existing uses include Mixed-Use, Office, and certain Single Family Residential Uses. See Ordinance 452 (attached) for a complete listing. Summary: This is an application by the property owner, Hillwood Properties, to amend the zoning of the Planning Area 5 portion of Planned Development District 3 (PD3-5), a 153 acre (+/-) tract located at the intersection of SH170 and SH114 on the Circle T Ranch. The owner and applicant are requesting that PD 3-5 be amended as follows: 1. Divide the PD 3-5 Planning Area to create two (2) separate Planning Areas, to be identified as PD 3-5A and PD 3-5B as shown on the map below. Existing allowable building square footages to be divided between the two areas. It should be noted that PD3-5A has two (2) parts with the southern portion being creek/drainage areas near Lake Turner (currently undevelopable without extensive fill and FEMA/Corps of Engrs. Regulation). 2. Increase maximum allowable building square footages for both proposed Planning Areas while reducing the maximum allowable building square footage in PD 3-3 by an equal amount. The proposed amendment does not change the aggregate maximum allowable building square footage on the Circle T as a whole (PD3). 3. Amend the maximum allowable building heights for the PD 3-5A and PD 3-5B Planning Areas 4. Amend the Development Standards for the PD 3-5A and PD 3-5B Planning Areas. 5. No new uses are requested in this application, only the changes to the existing uses cites above. The apartment use discussed in November with the Commission is not included in this Zoning Change Request. The property owner has filed this particular Zoning Change Request as part of Project Blizzard, which involves the construction of a major corporate office campus for the Charles Schwab financial services firm on the proposed PD 3-5B tract, as well as a mixed-use development including office, retail, hotel, and residential components on the proposed PD 3-5A tract (see attached location map). Previous Activity Related to this Request: The applicant made a presentation on this proposed development at the Commission’s November 9, 2015 meeting and advised that this development would include a significant corporate office campus for a major financial services company. In addition, the applicant’s client believed there was a need to have a “live/work/play” type environment near their office campus. To that end, the client had requested that a mixed use development be co- located immediately north of their office campus complex that included 750 “urban living” (i.e. multi- family or apartments) units. The Applicant next filed a zoning change request, without requesting the urban living use, which would have been a new use as PD3-5 does not have multi-family as a permitted use. The case was scheduled for public hearing before the Commission and Town Council in December 2016. However, Page 2 of 23 this zoning change application, while containing many of the same components as cited above in terms of existing uses, was withdrawn by the applicant before it was heard by either body. II. SPECIFICS OF THIS ZONING CHANGE REQUEST The current permitted uses in PD3-5 (established in Ord. 452, 2004) are: • Mixed Use • Includes retail, hotel, restaurant, office, and residential (275 Single Family Residential, Attached & Detached) • Maximum aggregate floor area of 1,305,060sf (All Uses within Mixed Use Area) • Mixed Use is defined by high lot coverage, minimal setbacks, pedestrian friendliness, and a variety of uses in close proximity to one-another • Office/Commercial/Government/Institutional • Maximum aggregate floor area of 884,505sf (Outside of Mixed Use Area) • Residential • Limited to 275 Single Family Residential (SFR) dwelling units • Permitted Attached (i.e. townhomes) or Detached Overall, the owner and applicant are requesting that PD 3-5 be amended as follows: 1. Divide the PD 3-5 Planning Area to create two (2) separate Planning Areas, to be identified as PD 3-5A and PD 3-5B. Existing allowable building square footages to be divided between these two areas. 2. Increase maximum allowable building square footages for both proposed Planning Areas 3-5A and PD3-5B while reducing the maximum allowable building square footage in PD 3-3 by an equal amount. The proposed amendment does not change the aggregate maximum allowable building square footage in Planned Development District 3 (The Circle T Ranch). 3. Amend the maximum allowable building heights for the PD 3-5A and PD 3-5B Planning Areas as follows: 4. Amend the Development Standards for the PD 3-5A and PD 3-5B Planning Areas Page 3 of 23 The property owner has filed this request as part of Project Blizzard, which involves the construction of a major corporate office campus for the Charles Schwab financial services firm on the proposed PD 3-5B tract, as well as a mixed used development including office, retail, hotel, and residential components on the proposed PD 3-5A tract (see attached location map). It should be noted that Roadway & Residential Slope Requirements would not apply to proposed PD3-5A or PD 3-5B because the developer desires to create a pedestrian friendly environment incorporating mixed use into the design idea. Staff recommends that, if approved, this zoning request would be implemented by three (3) separate proposed ordinances as follows: Ordinance 768 modifying PD 3-3 would: 1. Reduce the maximum allowable building square footage in PD-3 by an amount equal to the increase in maximum allowable building square footage in PD 3-5A and PD 3-5B. This makes PD3-3 the “sending district” in terms of square footage being sent from this district to the new PD3-5A. Ordinance 769 creating PD 3-5A would: 1. Establish the boundaries of the new Planning Area 2. Establish new limits on allowable square footage for permitted uses 3. Establish new limitations on building heights 4. Amend existing Mixed-Use development regulations/standards Ordinance 770 creating PD 3-5B would: 1. Establish the boundaries of the new Planning Area 2. Establish allowable square footage for permitted uses 3. Eliminate all residential uses and mixed-use development standards 4. Specify maximum allowable building heights 5. Authorize signage regulations specific to the PD 3-5B Planning Area Note that permitted uses in this proposed Planning Area PD3-5B are identical to existing permitted uses in PD 3-5, with the exception of Number #3 (residential and mixed use) listed above. A summary of the square footage transfer that would be affected by the approval of these three (3) proposed ordinances is as follows: Page 4 of 23 Note that existing zoning entitlements contained in PD 3-5 include office and various retail/commercial uses, as well as 275 residential dwelling units (i.e. single family attached, detached, and zero lot lines, examples- townhomes, garden homes; see below). This zoning amendment request does not add new uses or change or modify existing residential entitlements, except to the extent that residential uses and mixed-use development standards are restricted only to the PD 3-5A Planning Area, i.e. residential uses and mixed-use development standards would not be permitted uses in PD3-5B (which is the proposed office campus area for Schwab). III. GENERAL DISCUSSION OF THE APPLICATION Highlights of Alignment With Comprehensive Plan: The proposed uses are consistent with the Town’s Comprehensive Plan. A discussion of some of the main areas of Comprehensive Plan focus follows, after which is a more detailed analysis of compliance with the Comprehensive Plan. • Land Use and Development Square Footage: The additional square footage transferred from PD 3-3 to PD 3-5 is generally consistent with the intent and recommendations of the Comprehensive Plan Elements regarding not increasing overall entitlements in Westlake, but allowing, where it is concert with the Comprehensive Plan. for entitlements to be transferred from one planning area or district to another, i.e. from sending to receiving zones. It is recommended and encouraged that future further transfers of non-residential square footage be taken from PD3-3. • View Sheds & Corridors: The building height additions requested are generally consistent with the intent and recommendations of the Comprehensive Plan elements, i.e. view shade and view shed zones. The location of the development is north of areas of the Town characterized by hilly topography, i.e. residential views of this site from the south of this development will be blocked by hills located just south of the Blizzard development. • Transportation: Site fits with the Thoroughfare Element of the Comprehensive Plan. Road infrastructure within the site would be the construction responsibility of the developer. At the time of submission of a PD site plan a transportation impact study will be required whereby the development’s on-site and off-site traffic impact will be determined. Off-site traffic impacts will be assessed in accordance with Comprehensive Plan Policy B.2 which states defines traffic loads that would require off-site street improvements attributable to a particular development. • Utilities: Water and sewer utilities are provided by the Town and service is available to the subject site. Any dedication of water and sewer easements for public lines will be dealt with at the time of site plan and/or preliminary plat submission. Page 5 of 23 • Site Design/Drainage: A PD site plan will be required at the time of proposed development along with a preliminary plat which will establish storm drainage requirements for the site. The building massing plan that the applicant has prepared to date (it is not final, but shows preliminary placement of buildings and parking, utilizes the site’s natural beauty with its adjacency to Lake Turner. • Trails/ Pedestrian Circulation and Open Space: Comportment with these elements of the Comprehensive Plan will be made at the time of PD Site Plan submission, including parkland dedication requirements. • Economic Development Element: Proposed development fits the Economic Development Element of the Comprehensive Plan by developing “industry clusters”, in this case financial services business addition to this existing industry cluster, to expand Westlake’s tax base. Note: More detailed analysis of this Zoning Change Request with the Town’s Comprehensive Plan is in Attachment A to this Staff Report. IV. STAFF RECOMMENDATIONS Staff recommends that the Planning & Zoning Commission forward the following Ordinances to the Town Council with a recommendation for approval: • Ordinance 768 modifying PD 3-3 as the “sending district” transferring certain office/commercial square footage to PD 3-5A and B as outlined in this proposed ordinance. • Ordinance 769 creating PD 3-5A from PD3-5 with proposed development standards and accommodating the increased development square footage for certain existing uses coming from PD3-3 as outlined in the proposed ordinance. • Ordinance 770 creating PD 3-5B from PD 3-5 with proposed development standards and accommodating the increased development square footage for certain existing uses as outlined in the proposed ordinance. Page 6 of 23 Attachment A to Feb. 19, 2016 Project Blizzard Staff Report (Note: the following evaluation is not made from a PD Concept or Site Plan, which will be submitted at a latter point in the process. Rather, this analysis is made from the presentation made by Hillwood to the P&Z on Nov. 9, 2015) I. STAFF REVIEW COMMENTS RELATIVE TO COMPLIANCE WITH THE RECOMMENDTIONS AND INTENT OF THE COMPREHENSIVE PLAN 1. General: a. General intent of Citizen Goals and Priority Statements as documented in the Comprehensive Plan: The Forging Westlake 2015 Comprehensive Plan identifies 19 goals, supported by priority statements which flow from those goals. The goals include: i. Views, Visual Image, and Preservation seek preservation of present vistas of naturalness, pastoral/ agricultural character/ sense of openness. ii. Quality of Life, Seeks preservation of “slow paced Life style” iii. Urban Form, Development Form seeks to create a holistic town form, town center, town linkages, protection of residential areas from commercial encroachment, and greater levels of amenity. iv. Accessibility, Vehicular Circulation/ Traffic, and Alternate Modal Movement seeks connectivity, functionality, and capacity in the trail and roadway network as well as containing major traffic increases in the northerly portions of the Town. In addition, reduce vehicular trips and promote pedestrian safety. v. Land Use seeks to clearly separate residential and commercial areas in ways that reinforce single family values and neighborhoods. vi. Value/ Financial Sustainability seeks to increase the ad valorem base and thereby continue to serve the Town’s financial needs. vii. Academy Sustainability and Education seeks to meet the future educational needs of the Town population and make Westlake a major educational center. viii. Waterways/ Waterbodies/ Natural Systems seeks to create more and more usable water amenities for the Town of Westlake. ix. Infrastructure/ Public Facilities have infrastructure and emergency facilities to assure the continued health and safety of the Town’s full-time and day-time population. x. Environmental Sustainability and Conservation seeks to promote water conservation and environmental preservation. xi. Parks/ Recreation seeks to establish distinctive recreational and park opportunities. These goals guide the formulation of the Comprehensive plan elements listed below. The proposed Blizzard Development is consistent with many of these goals as follows: b. Application compliance with Citizen Goals and Priority Statements as documented in the Comprehensive Plan: Page 7 of 23 COMPREHENSIVE PLAN GOALS Pl a n D e s i g n a s su b m i t t e d La n d U s e a s su b m i t t e d Tr a n s f e r o f S q u a r e Fo o t a g e a s su b m i t t e d COMMENTS Views YES NA YES Density placed in a receiving area and transferred from a sending area Visual Image YES NA YES Reduction of density toward Dove Road through importation and establishment of distinct project identity. Quality of Life NO NA YES Reduction of commercial development in close proximity to single family residential Preservation YES NA YES Density placed in a receiving area and transferred from a sending area; Turner Lake maintained/ enhanced Urban Form YES YES YES Gathers commercial entitlement to the north Development Form YES NA NA Could makes edge of Lake Turner available to Public Use Accessibility YES NA NA Provides place of Regional Trail Convergence Vehicular Circulation/ Traffic YES/NO NA NA Use of Ottinger as southerly access links commercial traffic directly to Dove Road in later phases this could mean more cars. Elimination of high trip volume Mall use may reduce trips, overall. A TIA should be performed to confirm this statement. Alternate Modal Movement YES YES YES Mixed use reduces trips. Trail connections present. Land Use NA YES/NO YES Does not encourage home- ownership within the development but does protect existing single-family areas through transfer of commercial square footage. Page 8 of 23 Value/Financial Sustainability YES YES YES Captures full value potential in development intensity Academic Sustainability NA YES NA Enrollment impacts on Westlake Academy do result from SFR development as per previous Town studies. Education NA NA NA Water Ways/ Water Bodies/ Natural Systems YES YES YES Turner Lake Edge could be developed for pedestrian use Infrastructure and Public facilities NO NA NA No provision of public emergency facilities or over sizing of public utilities. Environmental Sustainability and Conservation NO NO NO No inherent water conservation measures presented Parks and Recreation YES NA NA Major public gathering space presented 2. The Thoroughfare Plan: a. General Intent of the Thoroughfare Plan: The Thoroughfare Plan establishes a coherent traffic system which anticipates the trip generation potential of Town build-out to 70% of entitlement. In addition, the Thoroughfare Plan: i. Establishes a north-south/ east-west street network system with capacity to accommodate 70% buildout of entitlement. ii. Mitigates limitations to Freeway/ Interchange capacity due to regional traffic flows iii. Improves Town connectivity between live, work, shop, entertainment, and amenity. iv. Establishes a framework for growth that more evenly distributes commercial value and protects residential values v. Accommodates pedestrian and bicycle movement vi. Diverts a substantial portion of the commercially generated traffic from residential segments of Dove Road vii. Identifies Design Focus and Special Consideration points within the proposed system. viii. Establishes a Town-wide Street Typology b. Application compliance with the Thoroughfare Plan: Page 9 of 23 THOROUGHFARE PLAN St r e e t a n d P a t h w a y s La y o u t La n d U s e Re l a t i o n s h i p s St r e e t D e s i g n COMMENTS North-south/ east-west street network YES NA YES Provides Regional Arterial as illustrated on the Thoroughfare Plan and sets up extension westward as per the Thoroughfare Plan. Shifts Ottinger connection as indicated by thoroughfare plan to east side of Lake Turner to be addressed at at a future date Mitigate limitations to Freeway Interchange capacity NO NA NO Mitigation of Freeway limitations is dependent on off-site thoroughfare connections. Later phases may encounter LOS impacts without such connections. Initial phases should work with streets shown but a TIA is needed. Presentation does not show SH114 ramp from the north as it connects to the existing service road…ingress/ egress study needed to understand regional and local traffic flow along service road as it relates to development. Town Connectivity YES YES YES Sets up connection with Presentation identified off site street extensions, provides trail connections to major amenity features and commercial/ work elements, and integrated live work related land uses. Framework for growth YES NA NA Transfer the major places of development value away from the freeway service road to internal streets, thereby setting up pattern for continuation of such non-freeway fronting development. Development capture is not ties to freeway but Page 10 of 23 moves into the Town fabric. Pedestrian and bicycle movement YES YES YES Presentation appears to connect regional trails to work and entertainment destination as well as primary lake front amenity. Divert from Dove POTENTIAL YES NA Requires off-site system connections to prevent traffic from using Ottinger to Dove as the non-service road route. Mixed Use reduces trips which relieves traffic on Dove. Resolves points of Design Focus/ Special Consideration NO NA NA The issue of Design Focus #1 (as identified on the Thoroughfare Plan) is not affected by the thoroughfare proposed, thereby pushing resolution of this issue to the east side of Lake Turner. Establish Town wide Street Typology YES NA NO Plan implements the Regional Road Connection to 114. The street ROW for the Regional Road needs to match Comp Plan (no scale or design provided at this point). 3. The Land Use Plan: a. General Intent of the Land Use Plan: The intent of the Land Use Plan is to create a fabric of Community Types that: i. Protects and coincide with the 5 view conditions (Vista Points, Vista Termini, View Shade, View Shed, and View Corridors) ii. Establishes a desired built character of the community type that guides density re-distribution iii. Establishes a desired land use dominance of the community type iv. Aggregates value to support the Town’s Ad valorem base requirements. Promote attainment of threshold entitlement buildout while still supporting the view protection goals. v. Facilitates and encourages re-distribution of development square footage through transfer and not upzoning. vi. Conceals vertical disruption, ground plane augmentation and form deviations associated with more intense development densities. vii. Minimizes displacement of important natural fabric. viii. Coincides with identified sending and receiving areas b. Application compliance with the Land Use Plan: Page 11 of 23 LAND USE PLAN Si t e D e s i g n a s su b m i t t e d La n d U s e R e l a t i o n s h i p s as s u b m i t t e d As s u m e d T o p o g r a p h i c COMMENTS Protects/ coincide with the associated view condition YES NA YES Lies in a View Shade Zone concealed by land promontory north of Westlake Academy…and RC-D district Establish desired built character for the Community Type YES YES NA Lies in a Regional Commercial District, which is the most intense commercial district designation in the Land Use Plan. Includes structured parking, taller buildings, and active building-to-street relationships. Establish desired land use dominance for the Community Type NA YES NA Commercial dominance. Commercial aggregation is “deemed a land use objective” when it promotes lowering density in a view sensitive zone. Commercial development is regionally associated, attracting trips related to its 114 association. Aggregates value, promotes attainment of threshold ad valorem YES YES NA Corporate headquarters that will create substantial industrial cluster capable of stimulating vertical and horizontal expansion which will attract more aggregation of commercial use. Establishing commercial cluster creates value center for Town. Facilitates, encourages redistribution through transfer YES YES YES Development flexibility accommodates the more intense development needs of a corporate center and encourages continued importation of development square footage from sending areas. Conceals vertical YES NA NA Pedestrian street and Page 12 of 23 disruption, ground plane augmentation, and form deviations of intense development significant central open space as well as lake edge development creates a meaningful ground plane which is supported by building placement. Minimizes displacement of important natural fabric YES NA YES Located on lower ground below the more complex natural settings to the south. Contains an appropriate level of lake edge development that does not over develop the natural asset. Coincides with identified sending and receiving areas YES NA YES Conforms to the RC-D area configuration. 4. The Economic Development Plan: a. General Intent of the Economic Development Plan: The intent of the Economic Development Plan is to promote a robust economic environment for Westlake through: i. Supporting attainment of a sustainable and adequate Ad valorem base. ii. Promoting and furthering attraction of, or providing for, Corporate Headquarters to Westlake. iii. Promoting and/ or providing specialty retail iv. Facilitating and enhancing ability for targeted recruitment v. Facilitating and contributing to industrial cluster formation. vi. Providing for infrastructure extension to desired areas of future development, facilitating circulation, and providing for information dissemination. vii. Providing locational value for development in close proximity. viii. Enhancing Town identity. ix. Providing increased amenity. x. Providing desirable associations. xi. Enhancing education. xii. Supporting a rational land use context. xiii. Supporting corporate retention. xiv. Supporting employee retention. xv. Implementing opportunities for office-driven mixed use. b. Application compliance with the Economic Development Plan Page 13 of 23 ECONOMIC DEVELOPMENT PLAN Si t e D e s i g n a s su b m i t t e d La n d U s e Re l a t i o n s h i p s a s su b m i t t e d Pr o p o s e d E n d U s e r as s u b m i t t e d COMMENTS Attainment of sustainable/ adequate Ad valorem base YES YES YES Aggregates high value use enhances locational value identity Attracts or provides Corporate Headquarters YES YES YES Builds on and extends Westlake assets and provides locational identity for financial services industries. Promotes/ provides Specialty Retail NA YES NA Urban shopping street and vertical mixed use with upper income occupants. Facilitates Targeted Recruitment YES YES YES Provides critical mass to establish Westlake as a desirable community for financial services. Facilitates/ contributes to industrial Cluster Formation YES YES YES Combined with Financial Services already in place, establishes a critical mass of financial services that will support vertical and horizontal expansion…thereby supporting growing cluster formation. Provides infrastructure extension, facilitates circulation and information dissemination. YES NA NA Putting main line utilities that can continue to other sites with ROW extensions. This was discussed in presentation but not clear in submittal documents. Provides value for locations in close proximity. YES YES YES Defines a value gradient emanating from the corporate headquarters center. Enhances Town identity YES NA YES Conforms to the RC-D area configuration. Provides increased amenity YES NA NA Provides natural and plaza open space features with trail connections indicated on conceptual site plan…should be labeled. Provides desirable associations NA NA YES Major Financial Services Home/ Regional Office is an Page 14 of 23 association sought my many components of the industrial cluster. Enhances Education NA NA NA Supports rational land use context YES YES NA The sequence from mixed use freeway edge to corporate office interior. Importation of square footage from PD 3-3 promotes density gradient from freeway to residential, south of Dove. Supports corporate retention YES NA YES Strengthening Financial Services Industrial Cluster maintains Westlake’s importance as a Financial Services location. Supports employee retention YES YES YES Generous open spaces, lake edge development, and mixed use favors employee retention. Implements area opportunities for office driven mixed use YES YES YES 5. The Housing Plan: a. General Intent of the Housing Plan: The intent of the Housing Plan is to protect and define high value submarkets for Westlake by: i. Consolidating dispersed price points into definable sub-market zones. ii. Supporting/ protecting current price point distinctions. iii. Providing new housing choices for emerging empty nester, retiree, and young family/ young professional markets, unique to this area, seeking higher price point housing options. iv. Providing housing choices for changing housing needs among Westlake’s own population as they grow through life style changes. v. Mitigating value encroachment from neighboring lower price point sub-markets and preserve value. vi. Implementing housing market type gradients as portrayed in the Westlake Housing Plan map. b. Application compliance with the Housing Plan: Page 15 of 23 HOUSING PLAN Si t e D e s i g n a s su b m i t t e d La n d U s e Re l a t i o n s h i p s a s su b m i t t e d Ho u s i n g C o m p o n e n t as s u b m i t t e d COMMENTS Consolidate disperse price point housing types NA NA NA TBD Supports/protects current price point distinction NA NA NO Current SFR zoning entitlement is for 275 attached or detached units. More analysis will be required at time of PD Site Plan submission. Provide housing choices for emerging empty nester, retiree, and young family/young professional markets seeking higher price point options. NA NA POSSIBLY While Entrada is now underway, Westlake does not yet offer an upscale mixed use housing option. This issue needs to be more fully evaluated in light of the SFR entitlements existing in this zoning district. Provide housing choices for changing housing needs among Westlake’s own population as they grow through life style changes. NA NA POSSIBLY TBD depending how existing SFR zoning entitlements are implemented. Mitigate value encroachment from neighboring lower price point sub-markets and preserve value NA NA POSSIBLY Combined with Financial Services already in place, establishes a critical mass of financial services that will support vertical and horizontal expansion…thereby supporting growing cluster formation. Continued higher income daytime residents can support home values in area. Implements housing market type gradients as portrayed in the Housing Plan Map. NA NA POSSIBLY TBD depending how existing SFR zoning entitlements are implemented. Page 16 of 23 6. The Parks, Open Space, and Trails Plan: a. General Intent of the Parks, Open Space, and Trails Plan: The intent of the Parks, Open Space, and Trails Plan is to protect natural resources, protect distinctive natural settings, and provide for recreational needs of a future population through development that: i. Preserves important natural features and systems. ii. Provides sufficient recreational opportunities for future population. iii. Protects Westlake’s Ecotone from over development. iv. Preserves Landmark Landforms. v. Protects Rural Ranch Landscapes. vi. Provides Open Space Connections. vii. Provides Recreational Open Space, Parks, and/ or Recreational Facilities. viii. Connects Town and Regional Trails. ix. Provide applicable park type recommended for general location of development. x. Implement the Open Space Plan as configured on the Open Space Plan map with aggregated open spaceareas. xi. Implements the Trail Plan as configured on the Open Space Plan map. b. Application compliance with the Parks, Open Space, and Trails Plan: PARKS, OPEN SPACE, AND TRAILS PLAN Si t e D e s i g n a s su b m i t t e d La n d s c a p e D e s i g n as s u b m i t t e d Ar c h i t e c t u r a l Re l a t i o n s h i p s t o t h e Op e n S p a c e a s su b m i t t e d ? COMMENTS Preserve natural features/ systems YES YES YES Preserves lake Turner and develops its asset potential. Contributes to provision of sufficient recreational opportunity for future populations YES NA NA Provides Ball Diamond, Soccer Field, and Tennis Courts. Also provides amphitheater. Protects Westlake’s Ecotone from over development NA NA NA Not located in Ecotone Area. Preserves Landmark Landforms. NA NA NA Landmark Landforms are not located in this area of Westlake. Protects Rural Ranch Landscapes. NA NA NA Urbanized setting not rural. This development is not within Rural Ranch Landscape area as delineated in the Parks and Open Space Plan. Provides Open Space Connections YES NA NA Provides Lake Turner Connection as shown on the Page 17 of 23 Open Space Plan Provides Recreational Open Space, Parks, and/or Recreational Facilities YES NA NA Provides Ball Diamond, Soccer Field, and Tennis Courts. Also shows amphitheater which is not a permitted use. Connects Town and Regional trails YES NA NA Provides trail connection from east to west north of Turner Lake (not a recommended trail location in Trail Plan but not discouraged). Trail along regional street right-of-way should be considered as per the Trail Plan. Provides applicable Park Type recommended for general location of development YES NA NA Provides Mini/ Urban park as indicated on the Open Space Plan. Implement the contiguous open space configuration as shown on the Open Space plan map. YES NA NA Provides Lake Turner Connection as shown on the Open Space Plan. Implement the Trail plan as configures on the Open Space Plan Map YES NA NA Provides trail connection from east to west. Trail along regional street right-of-way should be considered. 7. The Urban Design Structures Plan: a. General Intent of the Urban Design Structures Plan: The intent of the Urban Design Structures Plan is to consolidate a coherent image and comprehensible legibility for Westlake through development that: i. Implements the applicable Street Typology streetscapes as presented in the Urban Design Street Type map. ii. Implements the applicable Intersection Typology as presented in the Urban Design Plan map. iii. Implements the applicable Trail Typology as presented in the Urban Design Plan map. iv. Implements the applicable Edge Typology as presented in the Urban Design Plan. v. Provides applicable active or other open spaces as shown on the Urban Design Plan map. vi. Implements recommended design standards for applicable design settings. vii. Adheres to the recommended thematic plant list. viii. Implements Town monument recommendations. ix. Implements focal points and portals as identified in the Urban Design Plan. Page 18 of 23 x. Adheres to thematic forms and material recommendations of the Urban Design Plan. b. Application compliance with the Urban Design Structures Plan: URBAN DESIGN STRUCTURES PLAN Si t e D e s i g n a s su b m i t te d La n d s c a p e D e s i g n as s u b m i t t e d Ar c h i t e c t u r a l Re l a t i o n s h i p s a s su b m i t t e d COMMENTS Implement applicable Street Typology YES YES NA Plan shows a Regional Arterial as specified with organized landscape patterns as recommended…need specifics, including ROW dimensions and detailed design. Implement applicable Intersection Typology YES? NA NA Intersection enhancement is shown but design is not sufficiently detailed to identify. Implement applicable Trail Typology UNSURE NA NA Plan does not indicate recommended Regional Trail within Regional Road ROW Implement applicable Edge Typology YES NA NA Plan shows Highway 114 edge setback and landscaping. Provide applicable active or other open spaces YES NO NO Plan shows Major Plaza and central open space feature Implement recommended design standards for applicable design setting UNSURE NA NA Not sufficient detail to determine Adheres to the recommended thematic plant list UNSURE UNSURE NA Not sufficient detail to determine Implements Town monument recommendations UNSURE NA NA Sample of freeway signs is shown but monument locations and elevations are not provided. Implements focal points and portals as identified in the Urban Design Plan NO NA NA Portals and focal point monuments are not indicated or provided 8. The Storm Water Conservation Plan: Page 19 of 23 a. General Intent of the Storm Water Conservation Plan: The intent of the Storm Water Conservation Plan is to protect natural areas/ systems and promote conservation practices through development that: i. Implements applicable Storm Water Best Management Practices/ ii. Implements applicable Water Conservation Practices. iii. Furthers implementation of Storm Water management or Water Conservation programmatic and policy initiatives. b. Application compliance with the Storm Water Conservation Plan: STORM WATER CONSERVATION PLAN Si t e D e s i g n a s su b m i t t e d La n d s c a p e D e s i g n as s u b m i t t e d Ar c h i t e c t u r a l Re l a t i o n s h i p s a s su b m i t t e d COMMENTS Implement applicable Storm Water Best Management Practices UNSURE UNSURE UNSURE Not sufficient information or detail Implement applicable Water Conservation Practices UNSURE UNSURE UNSURE Not sufficient information or detail Furthers implementation of Storm Water Management or Water Conservation programmatic and policy initiatives UNSURE UNSURE UNSURE Not sufficient information or detail 9. Facilities and Town Hall Plan: a. General Intent of the Town Hall Plan: The intent of the Facilities and Town Hall Plan is to provide emergency and municipal services for the current and future 24 hr. and daytime population through development that: i. Supports/provides funding of improved services. ii. Provide facilities or a facility site within the applicable service area. iii. Provides a Town Hall site or facility. b. Application compliance with the Town Hall Plan: Page 20 of 23 EMERGENCY FACILITIES AND TOWN HALL PLAN Si t e D e s i g n a s su b m i t t e d La n d s c a p e D e s i g n as s u b m i t t e d Ar c h i t e c t u r a l Re l a t i o n s h i p s a s su b m i t t e d COMMENTS Supports/ provides funding of improved services UNSURE UNSURE UNSURE Not sufficient information or detail Provides facilities or a facility within the applicable service area UNSURE UNSURE UNSURE Not sufficient information or detail Provides a Town hall site or facility UNSURE UNSURE UNSURE Not sufficient information or detail II. STAFF REVIEW COMMENTS RELATIVE TO DEVELOPMENT AND DESIGN 1. General: Moving density from within the town out to the highway frontage and creating pedestrian friendly environments, as proposed, are generally supported by the 2015 Comp Plan. 2. Utilities (including on and off-site extensions and easement dedications): Utility information not provided. 3. Stormwater (including on and off-site facilities and easement dedications): Storm water Management design not provided in application. 4. Setbacks/Building Lines: Urban street is generally consistent with Town Square street sections of Ordinance 452 5. Parking/Fire Lanes: More detail needed. 6. Solid Waste Collection Facilities: Details not provided, concept only 7. Traffic Access Management/Internal Site Circulation and Connectivity to Adjacent Property Tracts (both owner’s and non-owner’s tracts): TIA and traffic analysis needed Page 21 of 23 8. Site Design A. Materials, Building Design, Architecture, and Hard Screening Details not provided, concept only B. Landscaping and Landscape Screening Details not provided, concept only C. Signage Details not provided, concept only D. Lighting Details not provided, concept only E. Water Features/Public Art Details not provided, concept only F. Pedestrian Circulation (within the site) See Comp Plan comments above G. Pedestrian Access (around perimeter of and to the site) See Comp Plan comments above H. Trails/Open Space See Comp Plan comments above III. FINAL STAFF COMMENTS RE: COMP PLAN AND THIS ZONING CHANGE REQUEST Site Plan and supporting documents: Based on the above analysis of the application and supporting documents, the proposed project generally conforms to the intent and recommendations of the Comprehensive Plan Elements with a few exceptions as noted in the tables above. Land Use and Development Square Footage: The additional office square footage (transferred from PD 3-3 to PD 3-5) is generally consistent with the intent and recommendations of the Comprehensive Plan Elements. It is recommended and encouraged that future transfer of office square footage be taken from PD3-3. High-quality design, construction, and attainment of various types of high-quality housing is recommended in order to continue the community supported desire to be unlike all other suburbs. Also, the Comprehensive Plan (pages 306 and 308) identifies the need for Office-Driven Mixed Use as one means of employee retention. Building Height: The height additions requested are generally consistent with the intent and recommendations of the Comprehensive Plan elements. Page 22 of 23 Road Connections to the South: As the proposed phases of this project are implemented, a TIA for each phase will be needed to determine the extent to which off-site road extensions/ connections may be required to maintain a Level of Service (LOS) D or less. The Comprehensive Plan recommends a maximum LOS of D. The Comprehensive Plan Thoroughfare Element sought to bring Ottinger north to 114 east or west of Lake Turner. Approval of this application displaces the Ottinger issue to a future date when the need for such connection may be more material. The conceptual plan does not include the 114 ramp connection to the service road on the north property boundary. This connection should be considered in the future TIA/ traffic studies. Page 23 of 23 ORDINANCE NO. 768 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING PLANNED DEVELOPMENT ORDINANCE SUPPLEMENT 1, CHAPTER 3, SECTION 3-61 “DENSITY,” PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; including the Texas Open Meetings Act and the requirements of Texas Local Government Code chapter 211; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air; facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, having received the recommendation of the Planning & Zoning Committee, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interest of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Section 3-61 of the Town of Westlake Planned Development Supplement Ordinance Chapter 3 Section 3-61 is hereby amended by repealing the current section 3-61 and replacing it with section 3-61 to read as follows: Section 3-61 Density (1) Office. The maximum building square footage for the office use shall be 1,014,000 square feet. (2) Resort hotel. The maximum building square footage for the resort hotel use shall be 350,000 square feet. SECTION 3: That all provisions of Ordinance 600 not hereby amended shall remain in full force and effect. Ordinance 768 Page 1 of 2 SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS _____ DAY OF __________ 2016. ____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 768 Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 769 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE A PORTION OF AN APPROXIMATELY 154-ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON COUNTY, TEXAS, BEING A PORTION OF THE PROPERTY KNOWN AS THE PD 3-5A PLANNING AREA BY DEFINING THE BOUNDARIES OF THE PD 3-5A PLANNING AREA; ESTABLISHING THE PERMITTED USES, DEVELOPMENT STANDARDS, DENSITIES, AND DEFINITIONS; PROVIDING EXHIBITS SHOWING THE BOUNDARIES, PROVIDING FOR AND A LEGAL DESCRIPTION; PROVIDING FOR GENERAL REGULA TIONS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; including the Texas Open Meetings Act and the requirements of Texas Local Government Code chapter 211; and WHEREAS, on August 24, 1992, the Town Council (the "Council") 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 Council adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, on September 15, 1997, based on the recommendations of the Planning and Zoning Commission (the "Commission"), the Council amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code (the "UDC") for the Town; and WHEREAS, the Zoning Ordinance and subdivision regulations have been amended and codified; and WHEREAS, on March 2, 2015, the Town Council (the "Council") of the Town of Westlake, Texas (the "Town") adopted an updated Comprehensive Plan (the "2015” Comprehensive Plan") for the Town; and Ordinance 769 Page 1 of 35 WHEREAS, there is located within the corporate limits of the Town an approximately 154 acre tract of land (to be referred to as PD 3-5A, Planned Development Zoning District 3, Planning Area 5, and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, due to 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, retail and mixed-use development including owner- occupied single family residential within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the Commission has recommended to the Council that the hereinafter described property be rezoned to "PD 3-5A" (Planned Development District 3, Planning Area 5A); and WHEREAS, the Council 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 Council has determined to be consistent with the 2015 Comprehensive Plan - Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and Sewer Plans, Drainage Plan, and Zoning Map all as amended. WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, having received the recommendation of the Planning & Zoning Committee, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interest of the town and its citizens that the amendments should be approved and adopted. NOW THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That any person, firm or corporation violating any of the provisions or terms Ordinance 769 Page 2 of 35 of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, is hereby amended adding and adopting the Planned Development Ordinance attached hereto as Exhibit “A” and incorporated herein which provides for Planned Development District No. 3, Planning Area 5A, within the property described in Exhibit 1 of Exhibit “A” attached hereto and incorporated herein by reference for all purposes and for Exhibits 1-8 attached to Exhibit “A” and incorporated therein, and further provides in Exhibit “A” and attached Exhibits “A 1-8 for Article I “General Provisions” providing for short title, purposes, definitions, use of PD Supplement, applicability of Town regulations and general approval criteria, Concept Plan, Development Plans, and Site Plans, and further provides in Article II “Uese” for land uses, . accessory uses and structures, and further provides in Article III “Development Standards” for density, minimum lot size, minimum lot width, maximum building height, minimum building size, front yard setbacks and build to lines, rear yard setbacks, side yard setbacks, slope requirements, and further provide in Article IV “Additional Mixed Use Development Area Standards” for roadway standards, landscaping, lake edge, roofs, consistent first floor heights, street level entries and openings, storefront spacing, street level facades, porches, sidewalk coverings, diversity of uses, mid-block passages, paving materials, pedestrian accesses, and firther provide in Article V. for exhibits . SECTION 4: Upon the adoption of this PD, the Town Manager or his designee shall promptly update the Town's Official Zoning Map, to include an amended Planned Development on which entry shall include the abbreviated designation "PD No. 3-5A" and the date that this Ordinance was adopted by the Council. SECTION 5: It is hereby declared to be the intention of the Council, 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 Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 769 Page 3 of 35 SECTION 6: This Ordinance shall become effective upon its passage. PASSED AND APPROVED ON THIS _____ DAY OF ____________ 20________. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 769 Page 4 of 35 Exhibit “A” CIRCLE T PLANNING AREA 5A ARTICLE I. GENERAL PROVISIONS SECTION 1.1 SHORT TITLE. This ordinance shall be known and may be cited as the "Circle T Planning Area No. 5 (PD 3-5A)", or simply as the "PD Ordinance." SECTION 1.2 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 for public use; to provide rural 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 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 1.3 GENERAL DEFINITIONS. Section 1.3.1 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 other related town ordinances. 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 1.3.2 Words and Terms Defined. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council and that are applicable to development within the PD District. Council means the Town Council 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 Ordinance 769 Page 5 of 35 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 Council. Mixed Use Development Area means the areas within the PD District that are developed in accordance with the Mixed Use regulations of this PD Ordinance. Non-Residential Use means all Permitted Uses other than residential. PD District means a Planned Development Zoning District. (i.e. PD3) A PD Zoning District may be divided into multiple planning areas. (i.e. PD 3-5A; PD Zoning District 3, Planning Area 5A.) The Planned Development Zoning District contains regulations that apply to all planning areas within the zoning district, unless the PD Ordinance that created or amended the PD Planning Area contains regulations that are different from those in the PD Zoning District. PD Ordinance means this Planned Development Planning Area ordinance, including any approved PD Concept Plan, PD Development Plan or PD Site Plan. PD Planning Area means a planning area within a Planned Development Zoning District. PD Supplement means that certain Circle T Planned Development Zoning District Supplement contained in Ordinance No. 307 and adopted by the Council. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended and codified. SECTION 1.4 PD SUPPLEMENT. Concurrently with the adoption of PD Ordinance No. 311, the Council 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: concept, informational, development and site plans; signs; landscaping; roadway construction, parking and loading; fencing; lighting; other special standards; and illustrations. SECTION 1.5 APPLICABILITY OF EXISTING REGULATIONS. Section 1.5.1 Applicable Town Ordinances. Except to the extent provided by an approved PD Ordinance 769 Page 6 of 35 Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by least restrictive of the "R" Retail or "O" Office Park zoning district standards and the uses listed in Article II of this Ordinance. Except to the extent provided by an approved PD Concept Plan, this PD Ordinance, and the PD Supplement, the Applicable Town Ordinances shall also govern development within the PD District. In the event of any conflict between (a) an approved PD Concept Plan, this PD Ordinance and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent of an approved 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 1.5.2 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 Council, 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 exercised to the extent necessary to determine whether the aspect of development being approved is consistent with an approved PD Concept Plan, this PD Ordinance, the PD Supplement. SECTION 1.6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 1.6.1 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 Us Plan the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plans, and the Master Drainage Plan of the town and the UDC. Section 1.6.2 PD Development Plans. PD development plans are required for development within the PD District. The UDC governs the process by which PD development plans are submitted and approved. Section 1.6.3 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). Ordinance 769 Page 7 of 35 ARTICLE II. USES SECTION 2.1 LAND USES. Section 2.1.1 Land Use Schedule. Buildings, structures, and land within the PD District 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. PLANNING AREA 5 A - LAND USE SCHEDULE PERMITED USES A = Accessory Use X = Permitted S== Special Use AGRICULTURAL USES 1. Plant Nursery (Growing) X 2. Plant Nursery (Retail Sales) X 3. Farms General (Crops) X 4. Farms General (Livestock, Ranch) X 5. Vegetarian (Indoor Kennels) X 6. Vegetarian (Outdoor Kennels) 7. Stables (Private Use) S 8. Stables (As a Business) S 1. RESIDENTIAL USES 9. Single Family Detached X 10. Single Family Attached - Zero Lot Line X 11. Single Family Attached X 12. Duplex 13. Condominium 14. Home Occupation X 15. Servants/Caretakers Quarters A 16. Temporary Accommodation for Employees/Customers/Visitors A 17. Swimming Pool (Private) A 18. Detached Garage (Private) A 19. Sport/Tennis Courts (Private) A Ordinance 769 Page 8 of 35 PERMITED USES A = Accessory Use X = Permitted S== Special Use INSTITUTIONAL and GOVERNMENTAL USES 20. Emergency Ambulance Service X 21. Post Office (Governmental) X 22. Mailing Service (Private) X 23. Heliport 24. HelistopVerti-stop S 25. Telephone, Electric, Cable, and Fiber Optic Switching Station X 26. Electrical Substation S 27. Utility Distribution Lines 1 X 28. Utility Shop and Storage S 29. Water and Sewage Pumping Station (below grade) X 30. Water and Sewage Pumping Station (above grade) S 31. Water Storage Tank and Pumping Syste1n (Elevated or Above Grade) S 32. Water, Sewer, Electric, and Gas Meters X 33. Electric Transformers X 34. Private Streets/Alleys/Drives X 35. Retirement Home X 36. Nursing/Convalescent Home 37. Hospice 38. Hospital 39. Psychiatric Hospital 40. Clinic X 41. Child Daycare (Public; 7 or more) X 42. Child Daycare (Private; 7 or more) X 43. School, K-12 (Public or Private) 44. School (Vocational) A 45. College or University X 46. Community Center (Public) X 47. Civic Club X 48. Church or Place of Worship X 49. Use Associated with a Religious Inst. X 50. Government Building X 51. Police Station X 52. Fire Station X 53. Library X 54. Data Center X Ordinance 769 Page 9 of 35 PERMITED USES A = Accessory Use X = Permitted S== Special Use COMMERCIAL USES 55. Offices (General) X 56. Studio X 57. Banks and Financial Institutions X 58. Information Processing X 59. Hotel/Motel X 60. Hotel/Motel with Conferencing Facility X 61. Laundry/Dry Cleaning (<3,000 S.F.) X 62. Laundry/Dry Cleaning (Drop/Pick) X 63. Parking Structures X 64. Shoe Repair X 65. Beauty Parlor/Barbershop X 66. Clothing Store X 67. Quick Copy/Duplicating Services X 68. Personal Services X 69. Liquor Store 70. Micro·brewery and Wine Production and Sales (<30,000 S.F.) S 71. Grocery (With alcoholic beverage sales) S 72. Convenience Store (with alcoholic beverage sales) S 73. Grocery X 74. Convenience Store X 75. Variety Store X 76. Bakery Sales X 77. Stationery and/or Book Store X 78. Antique Shop X 79. Art Gallery/Museums X 80. Hardware Store X 81. Sporting Goods X 82. Paint and Wallpaper X 83. Clothing Store X 84. Retail Stores – General (Excluding Second Hand Goods) X 85. Restaurant, Cafe or Dining Facility X 86. Restaurant, Cafe or Dining Facility serving alcohol S 87. Auto/Truck Parts and Accessories X 88. Household Furniture/Appliances (including Sales and Service) X 89. Farmer's Market S Ordinance 769 Page 10 of 35 90. Feed Store 91. Parking Structure X 92. Cafeteria (Private) A 93. Job Printing, Lithography, Printing, or Blueprinting X 94. Vehicle Display and Sales (inside) X 95. Medical Laboratory A PERMITED USES A = Accessory Use X = Permitted S== Special Use 96. R&D Laboratory S 97. Conference Center X 98. Live Theater X 99. Motion Picture Theater X 100. Custon1 Business Services X 101. Electronic Appliances Store and Computer Sales and Service X 102. Tavern, Bar or Lounge S 103. Dance Halls/Nightclubs S 104. Golf Course (Public or Private) X 105. Park or Playground (Public or Private) X 106. Satellite Dish X 107. Non Commercial Radio Tower 108. Race Track Operation 109. Recreation Facility, Health Studio (Public) X 110. Country Club (Private Membership) X 111. Golf Clubhouse (Public or Private) X 112. Community Center (Private) X 113. Recreation Center (Private) X 114. Hike, Bike, and Equestrian Trails (Public or Private) X 115. Golf Maintenance Facility A 116. Golf Pro Shop X 117. Health/Spa Facilities (Private) X 118. Athletic Fields (Private) A 119. Athletic Courts (Private) A 120. Equestrian Center X 121. Athletic Courts (Public) A 122. Commercial Amusement (Inside) X 123. Lake Cruise/Water Taxi X 124. Truck/Trailer Rental S 125. Auto Body Repair 126. Auto Mechanical Repair S 127. Quick Lube/Oil Change 128. Vehicle Maintenance (Private) X 129. Vehicle Fueling (Private) S Ordinance 769 Page 11 of 35 130. Warehouse/Storage (Inside) 131. Warehouse/Storage (Outside) 132. Scrap/Waste Recycling Collection and/or Storage 133. Gas/Chemical Bulk Storage 134. Light Manufacturing/Assembly S 135. Apparel Manufacturing PERMITED USES A = Accessory Use X = Permitted S== Special Use 136. Packaging and/or Distribution 137. Printing, Engraving and related Reproductive Services 138. Distribution of Books/Other Printed Material 139. Machine Shop 140. Welding Shop 141. Temporary Batching Plant S2 142. Temporary Construction Office X2 143. Temporary Construction Materials Storage X2 144. Temporary Sales Office X2 NOTES: 1. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 2. Limited to period of construction. Section 2.1.2 Municipal Use. There shall be a two- acre municipal site reserved for a DPS/ Courts use within the PD District. Section 2.1.3 Residential Area. The maximum number of residential units allowed in this PD District is 275 units. A construction schedule must be approved by the Town Council prior to or simultaneous with the filing of a preliminary plat. SECTION 2.2 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 III. DEVELOPMENT STANDARDS Ordinance 769 Page 12 of 35 SECTION 3.1 DENSITY. Section 3.1.1 Non-Residential Uses. The maximum aggregate floor area for all allowed non- residential uses outside of a Mixed Use Development Area in this PD District is 1,010,000 square feet. Section 3.1.2 Mixed Use Development Area. The maximum aggregate floor area for all allowed uses within a Mixed Use Development Area in this PD District is 350,000. Section 3.1.3 Residential Uses. This PD may contain a maximum of 275 owner occupied, attached or detached single family dwelling units. SECTION 3.2 MINIMUM LOT SIZE. Section 3.2.1 Residential area. The minimum lot size for all residential detached units is 5, 000 square feet. There are no minimum lot sizes for Residential attached units. Section 3.2.2 Mixed Use Development Area. There are no minimum lot sizes within a Mixed Use Development Area except as described in Section 2.1above. Section 3.2.3 Non-Residential Uses. The minimum lot size for Non-Residential Commercial and Institutional uses outside a Mixed Use Development Area shall be 100,000 square feet. SECTION 3.3 MINIMUM LOT WIDTH Section 3.3.1 Residential uses. The minimum lot widths for residential detached units shall be 50 feet. There are no minimum lot widths for attached uses within a Mixed Use Development Area. Section 3.3.2 Mixed Use Development Area. There shall be no minimum lot widths within a Mixed Use Development Area, except as noted in Section 3.1. Section 3.3.3 Non-Residential. The minimum lot width for non-residential uses outside of a Mixed Use Development area uses outside of a Mixed Use Development Area shall be 200 feet. SECTION 3.4 MAXIMUM BUILDING HEIGHT. Section 3.4.1 Mixed Use Development Area. The maximum height for all structures within a Mixed Use Development area shall be six (6) stories or 90 feet, but not to exceed a height of 735 feet above Mean Sea Level (MSL). The following additional standards apply: A. Adjacent buildings within the same block must be varied in height; however, the height differential between buildings cannot exceed two (2) floors. B. Heights are measured from the sidewalk to the top of the parapet or roof eave. Ordinance 769 Page 13 of 35 C. Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run. D. Attic space under the roof may be occupied. E. Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than 16 feet above the parapet or eave line. Section 3.4.2 Residential Uses. The maximum height for all residential structures outside of a Mixed-Use area is 35 feet. Section 3.4.3 All Uses Outside a Mixed Use Development Area . The maximum height for all structures shall be the lesser of eight (8) stories or 735 feet above Mean Sea Level (MSL). Adjacent buildings within the same block must be varied in height; however, the height differential between buildings cannot exceed four (4) floors. Section 3.4.4 Exceptions to Height Requirements. The height limits imposed by this Section shall not apply to (a) chimneys and vent stacks, church spires, towers, cupolas, sloped roofs, 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 3.5 MINIMUM BUILDING SIZE. The minimum residential dwelling unit size shall be 1, 500 square feet. The minimum building size for all other uses shall be 5,000 square feet. SECTION 3.6 FRONT YARD SETBACKS AND BUILD TO LINES. Section 3.6.1 Mixed Use Development Area. There shall be a 15 foot minimum build to line for attached residential uses in a Mixed Use Development area. Detached residential shall have a 20 foot minimum front yard setback. There are no minimum front yard setbacks for other uses in a Mixed Use Development area except that sidewalk zones and landscaping will be consistent with the PD supplement. Section 3.6.2 Uses outside a Mixed-Used Development Area. The minimum front yard for non- residential uses not within a Mixed Use Development Area shall be 50 feet. Detached residential uses shall have a 20 foot minimum front yard setback. SECTION 3.7 REAR YARD SETBACKS. There are no minimum rear yard setbacks for uses within a Mixed Use Development Area. The minimum rear yard for all uses outside of a Mixed Use Development Area shall be 20 feet. SECTION 3.8 SIDE YARD SETBACKS. Ordinance 769 Page 14 of 35 Section 3.8.1 Mixed Use Development Area – Residential Attached. Each attached single family dwelling shall have only one five-foot wide side yard. The side yard requirements shall apply to only one side yard of the first and last attached houses in each set of attached houses. Section 3.8.2 Mixed Use Development Area - Residential Detached. The side yard requirements for residential detached units shall be 10 feet. Section 3.8.3 Non-Residential Uses in a Mixed Use Development Area. There shall be no side yard setback requirements for any non-residential uses within a Mixed Use Development Area. There shall be no side yard setback requirements for any other uses within a Mixed Use Development Area. Section 3.8.4 Non-Residential Uses not in a Mixed Use Development Area. The minimum side yard for non-residential uses not in a mixed use development area shall be 25 feet. SECTION 3.9 SLOPE REQUIREMENTS. The regulations contained in the Code of Ordinances or UDC relating to building heights and setback requirements based on a slope measured from a roadway or a residential use does not apply to development within this planning area. ARTICLE IV. ADDITIONAL MIXED USE DEVELOPMENT AREA STANDARDS SECTION 4.1 ROADWAY STANDARDS. The general roadway standards applicable within a Mixed Use Development Area are established by the drawings labeled "Mixed Use Development Area Roadway Standards". Street sections for such roadways (including on- street parking) are illustrated on Exhibits 3 through 7. SECTION 4.2 LANDSCAPING. All landscape requirements for this PD District are established in: (i) the Roadway Standards of this ordinance (See Exhibits 3 through 7); ( ii) the Lake Edge Standards ( See Exhibit 8); and iii) the PD Supplement. In the event that any landscaping standard is not addressed by (i), ( ii) or iii) above, then the landscaping standards contained in the UDC shall apply. SECTION 4.3 LAKE EDGE. The standards applicable to the development of the Lake Turner shoreline are it lustrated on Exhibit 8. SECTION 4.4 ROOFS. Commercial roofs will be predominantly flat with sloped roof architectural features. Residential roofs will be predominantly sloped with flat accent roofs. Sloped roofs will not have a height to length ratio greater than 8:12. Curved roofs will be no taller than 16 feet above the plate or cornice Ordinance 769 Page 15 of 35 line. All mechanical units must be screened from view. SECTION 4.5 CONSISTENT FIRST FLOOR HEIGHTS. Above a given block, the first floor heights should be similar in adjacent buildings, particularly as reflected in the exterior spandrel between the first and second floor. On commercial streets, the heights of the first floors and adjacent buildings should not vary by more than one foot. Likewise, heights of canopies and colonnades covering the sidewalks should match from building to building along a given block front, with a maximum height of 14 feet. SECTION 4.6 STREET LEVEL ENTRIES AND OPENINGS. Commercial entries along the street should be recessed at least two feet from the building face. Residential entries may be recessed or may be covered with a protective rain covering such as awnings and canopies. SECTION 4.7 STOREFRONT SPACING. At least one building entry or passage shall occur every 25 feet on average in any block, but no further than 40 feet apart along any commercial facade. SECTION 4.8 STREET LEVEL FACADES. Blank stretches of street level, street facing facades (those without windows or entries) should be minimized; however, stretches of ten feet are acceptable. Blank stretches between ten feet and 20 feet are permissible, but should be limited. Blank stretches over 20 feet are not allowed. SECTION 4.9 PORCHES. Where first floors are used for residential purposes, first floor porches must be elevated at 18 inches above the sidewalk. SECTION 4.10 SIDEWALK COVERINGS. Canopies and colonnades are permitted and encouraged. SECTION 4.11 DIVERSITY OF USES. Diversity of uses is encouraged throughout a Mixed Use Development Area. Mixing uses vertically within buildings is also encouraged. SECTION 4.12 MID-BLOCK PASSAGES. Mid-block passages which connect the street to the interior of blocks and the parking therein are encouraged. These passages may be enclosed or open air, but must remain open to public passage. These passages should be enhanced with landscaping. Pedestrian circulation should be encouraged and enhanced. SECTION 4.13 PAVING MATERIALS. Ordinance 769 Page 16 of 35 Roadways and parking lots will be concrete, asphalt, with brick, stamped concrete, paver or stone crosswalks and concrete curbs. Entire sections of important roadways may be brick. Sidewalks shall be concrete and/ or brick. Other paved areas, such as courtyards and plazas, may be brick, concrete, or stone, as appropriate. SECTION 4.14 PEDESTRIAN ACCESSES. Pedestrian access must be maintained throughout the PD. All buildings and open space must be joined by sidewalks that follow the standards established in the PD Supplement, the UDC and the Trails and Open Space Plan. Sidewalks are also required to link recreational and entertainment uses to parking areas. ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Mixed Use Development Area Maximum Building Height View-shed Analysis Mixed Use Development Roadway Standards EXHIBIT 3 Street" A"—Primary Road EXHIBIT 4 Street` B"—Town Square EXHIBIT 5 Street" C"— Perimeter Road EXHIBIT 6 Street" D"— Interior Road EXHIBIT 7 Street" E"— Service Lanes EXHIBIT 8 Lake Edge Ordinance 769 Page 17 of 35 Exhibit 1 DESCRIPTION 5A, Tract 1 BEING a certain tract of land situated in the Richard Eads Survey, Abstract Number 393, the Jesse Sutton Survey, Abstract Number 1154, and the J. Bacon Survey, Abstract Number 1565, Denton County, Texas and being part of that tract of land described by deed to Westlake Retail Associates, LTD. recorded in Instrument Number 98-R0118649, Official Public Records Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said Westlake Retail Tract; THENCE S 17°23’44”W, 329.22 feet; THENCE with said curve to the right, an arc distance of 225.55 feet, through a central angle of 72°36’05”, having a radius of 178.00 feet, the long chord which bears S 53°41’47”W, 210.76 feet; THENCE S 89°59’49”W, 2082.87 feet; THENCE with said curve to the left, an arc distance of 610.57 feet, through a central angle of 33°57’51”, having a radius of 1030.00 feet, the long chord which bears S 61°39’47”W, 601.67 feet; THENCE S 33°22’07”W, 762.52 feet; THENCE N 56°49’29”W, 274.51 feet; THENCE S 00°36’27”E, 72.88 feet; THENCE N 89°09’16”W, 296.16 feet; THENCE N 34°40’58”E, 368.29 feet; THENCE S 75°40’04”E, 65.50 feet; THENCE S 89°39’43”E, 41.37 feet; THENCE N 03°17’07”E, 181.84 feet; THENCE with said curve to the right, an arc distance of 3328.05 feet, through a central angle of 67°01’44”, having a radius of 2844.79 feet, the long chord which bears N 70°21’27”E, 3141.49 feet; THENCE S 75°49’09”E, 137.98 feet; THENCE S 75°16’22”E, 75.82 feet; THENCE S 67°10’21”E, 317.59 feet; THENCE S 00°31’47”E, 57.12 feet; THENCE S 75°23’25”E, 42.78 feet to the Point of Beginning and containing 2,302,827 square Ordinance 769 Page 18 of 35 feet or 52.87 acres of land more or less. "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 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." DESCRIPTION 5A, Tract 2 BEING a certain tract of land situated in the Richard Eads Survey, Abstract Number 393, the Jesse Sutton Survey, Abstract Number 1154, and the J. Bacon Survey, Abstract Number 1565, Denton County, Texas and being part of that tract of land described by deed to Westlake Retail Associates, LTD. recorded in Instrument Number 98-R0118649, Official Public Records Denton County, Texas and being more particularly described by metes and bounds as follows: COMMENCIN at the northeast corner of said Westlake Retail Tract; THENCE S 17°23’44”W, 476.68 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 783.77 feet, through a central angle of 17°32’30”, having a radius of 2560.00 feet, the long chord which bears S 08°37’29”W, 780.71 feet; THENCE S 00°08’46”E, 87.08 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 159.11 feet, through a central angle of 08°57’34”, having a radius of 1017.50 feet, the long chord which bears S 04°20’01”W, 158.95 feet to the POINT OF BEGINNING; THENCE continuing with said curve to the right, an arc distance of 509.18 feet, through a central angle of 28°40’19”, having a radius of 1017.50 feet, the long chord which bears S 23°08’58”W, 503.88 feet; THENCE with said curve to the left, an arc distance of 389.64 feet, through a central angle of 18°52’45”, having a radius of 1182.50 feet, the long chord which bears S 28°02’45”W, 387.88 feet; THENCE N 00°46’40”W, 285.95 feet; THENCE N 89°52’40”W, 803.58 feet; THENCE S 01°45’09”E, 315.41 feet; THENCE N 89°55’57”W, 630.71 feet; THENCE N 76°17’08”W, 209.46 feet; THENCE N 41°18’25”W, 569.86 feet to the beginning of a non-tangent curve to the right; THENCE with said non-tangent curve to the right, an arc distance of 128.76 feet, through a central angle of 03°55’08”, having a radius of 1882.50 feet, the long chord which bears N 88°08’17”E, 128.73 feet; THENCE S 89°54’10”E, 898.42 feet; THENCE N 75°29’58”E, 1406.35 feet to the Point of Beginning and containing 884,076 square feet or 20.30 acres of land more or less. "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 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." Ordinance 769 Page 19 of 35 Ordinance 769 Page 20 of 35 Exhibit 1, cont. Ordinance 769 Page 21 of 35 Ordinance 769 Page 22 of 35 EXHIBIT 2 Ordinance 769 Page 23 of 35 EXHIBIT 2, cont. Ordinance 769 Page 24 of 35 Ordinance 769 Page 25 of 35 EXHIBIT 3 Street" A"—Primary Road Ordinance 769 Page 26 of 35 EXHIBIT 4 Street` B"—Town Square Ordinance 769 Page 27 of 35 Ordinance 769 Page 28 of 35 EXHIBIT 5 Street" C"— Perimeter Road Ordinance 769 Page 29 of 35 EXHIBIT 6 Street" D"— Interior Road Ordinance 769 Page 30 of 35 Ordinance 769 Page 31 of 35 EXHIBIT 7 Street" E"— Service Lanes Ordinance 769 Page 32 of 35 Ordinance 769 Page 33 of 35 EXHIBIT 8 Lake Edge Ordinance 769 Page 34 of 35 Ordinance 769 Page 35 of 35 TOWN OF WESTLAKE ORDINANCE NO. 770 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE A PORTION OF AN APPROXIMATELY 154-ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON COUNTY, TEXAS, BEING A PORTION OF THE PROPERTY KNOWN AS THE PD 3-5B PLANNING AREA BY DEFINING THE BOUNDARIES OF THE PD 3-5B PLANNING AREA; ESTABLISHING THE PERMITTED USES, DEVELOPMENT STANDARDS, DENSITIES, AND DEFINITIONS; PROVIDING EXHIBITS SHOWING THE BOUNDARIES, PROVIDING FOR AND A LEGAL DESCRIPTION; PROVIDING FOR GENERAL REGULA TIONS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; including the Texas Open Meetings Act and the requirements of Texas Local Government Code chapter 211; and WHEREAS, on August 24, 1992, the Town Council (the "Council") 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 Council adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, on September 15, 1997, based on the recommendations of the Planning and Zoning Commission (the "Commission"), the Council amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code (the "UDC") for the Town; and WHEREAS, the Zoning Ordinance and subdivision regulations have been amended and codified; and WHEREAS, on March 2, 2015, the Town Council (the "Council") of the Town of Ordinance 770 Page 1 of 22 Westlake, Texas (the "Town") adopted an updated Comprehensive Plan (the "2015” Comprehensive Plan") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 81.06 acre tract of land (to be referred to as PD 3-5B, Planned Development Zoning District 3, Planning Area 5B, and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, due to 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, retail within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the Commission has recommended to the Council that the hereinafter described property be rezoned to "PD 3-5B" (Planned Development District 3, Planning Area 5B); and WHEREAS, the Council 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 Council has determined to be consistent with the 2015 Comprehensive Plan - Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and Sewer Plans, Drainage Plan, and Zoning Map all as amended. WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, having received the recommendation of the Planning & Zoning Committee, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interest of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. Ordinance 770 Page 2 of 22 SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, is hereby amended by adding and adopting the Planned Development Ordinance attached hereto as Exhibit “A” and incorporated herein which provides for Planned Development District No. 3, Planning Area 5B, within the property described in Exhibit 1 of Exhibit “A” attached hereto and incorporated herein by reference for all purposes and the Exhibits 1-7 attached to Exhibit “A” and incorporated therein, and further provides in Exhibit “A” and attached Exhibits “A” 1-7 for Article I for short title, purposes, definitions, use of PD Supplement, applicability of Town ordinances and general approval criteria, and further provides for Concept Plan, Development Plans and Site Plans, and further provides in Article II for Land Uses, Accessory Uses and Structures, and further provides in Article III for Development Standards, including density, minimum lot size, minimum lot width, maximum building height and exceptions to height requirements, for minimum building size, front yard setback, rear yard setbacks, side yard setbacks, slope requirements, and further provides in Article IV for Additional Development Standards, including sign standards as shown in Exhibits “A” 4-7. SECTION 3: Upon the adoption of this PD, the Town Manager or his designee shall promptly update the Town's Official Zoning Map, to include an amended Planned Development on which entry shall include the abbreviated designation "PD No. 3-5B" and the date that this Ordinance was adopted by the Council. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Council, 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 Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. Ordinance 770 Page 3 of 22 SECTION 6: This Ordinance shall become effective upon its passage. PASSED AND APPROVED ON THIS _____ DAY OF ____________ 20________. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 770 Page 4 of 22 Exhibit “A” CIRCLE T PLANNING AREA 5B ARTICLE I. GENERAL PROVISIONS SECTION 1.1 SHORT TITLE. This ordinance shall be known and may be cited as the "Circle T Planning Area No. 5B (PD 3- 5B)", or simply as the "PD Ordinance." SECTION 1.2 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 for public use; to provide rural 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 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 1.3 GENERAL DEFINITIONS. Section 1.3.1 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 other related town ordinances. 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 1.3.2 Words and Terms Defined. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council and that are applicable to development within the PD District. Council means the Town Council 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 Ordinance 770 Page 5 of 22 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 Council. PD District means a Planned Development Zoning District. (i.e. PD3) A PD Zoning District may be divided into multiple planning areas. (i.e. PD 3-5B; PD Zoning District 3, Planning Area 5B) The Planned Development Zoning District contains regulations that apply to all planning areas within the zoning district, unless the PD Ordinance that created or amended the PD Planning Area contains regulations that are different from those in the PD Zoning District. PD Ordinance means this Planned Development Planning Area ordinance, including any approved PD Concept Plan, PD Development Plan or PD Site Plan. PD Planning Area means a planning area within a Planned Development Zoning District. PD Supplement means that certain Circle T Planned Development Zoning District Supplement contained in Ordinance No. 307 and adopted by the Council. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended and codified. SECTION 1.4 PD SUPPLEMENT. Concurrently with the adoption of PD Ordinance No. 311, the Council 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. SECTION 1.5 APPLICABILITY OF EXISTING REGULATIONS. Section 1.5.1 Applicable Town Ordinances. Except to the extent provided by an approved PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by least restrictive of the "O" Office Park zoning district standards. Except to the extent provided by an approved PD Concept Plan, this PD Ordinance, and the PD Supplement, the Applicable Town Ordinances shall also govern development within the PD District. In the event of any conflict between (a) an approved PD Concept Plan, this PD Ordinance and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent Ordinance 770 Page 6 of 22 of an approved 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 1.5.2 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 Council, 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 exercised to the extent necessary to determine whether the aspect of development being approved is consistent with an approved PD Concept Plan, this PD Ordinance, the PD Supplement. SECTION 1.6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 1.6.1 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 Us Plan the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plans, and the Master Drainage Plan of the town and the UDC. Section 1.6.2 PD Development Plans. PD development plans are required for development within the PD District. The UDC governs the process by which PD development plans are submitted and approved. Section 1.6.3 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). ARTICLE II. USES SECTION 2.1 LAND USES. Section 2.1.1 Land Use Schedule. Buildings, structures, and land within the PD District 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 Ordinance 770 Page 7 of 22 primary use). A blank square shall mean that the use is not allowed as a principal use. PLANNING AREA 5 B- LAND USE SCHEDULE PERMITED USES A = Accessory Use X = Permitted S== Special Use AGRICULTURAL USES 1. Plant Nursery (Growing) X 2. Plant Nursery (Retail Sales) X 3. Farms General (Crops) X 4. Farms General (Livestock, Ranch) X 5. Vegetarian (Indoor Kennels) X 6. Vegetarian (Outdoor Kennels) 7. Stables (Private Use) S 8. Stables (As a Business) S 1. RESIDENTIAL USES 9. Single Family Detached 10. Single Family Attached - Zero Lot Line 11. Single Family Attached 12. Duplex 13. Condominium 14. Home Occupation 15. Servants/Caretakers Quarters 16. Temporary Accommodation for Employees/Customers/Visitors A 17. Swimming Pool (Private) A 18. Detached Garage (Private) A 19. Sport/Tennis Courts (Private) A PERMITED USES A = Accessory Use X = Permitted S== Special Use INSTITUTIONAL and GOVERNMENTAL USES 20. Emergency Ambulance Service X 21. Post Office (Governmental) X 22. Mailing Service (Private) X 23. Heliport 24. HelistopVerti-stop S Ordinance 770 Page 8 of 22 25. Telephone, Electric, Cable, and Fiber Optic Switching Station X 26. Electrical Substation S 27. Utility Distribution Lines 1 X 28. Utility Shop and Storage S 29. Water and Sewage Pumping Station (below grade) X 30. Water and Sewage Pumping Station (above grade) S 31. Water Storage Tank and Pumping System (Elevated or Above Grade) S 32. Water, Sewer, Electric, and Gas Meters X 33. Electric Transformers X 34. Private Streets/Alleys/Drives X 35. Retirement Home X 36. Nursing/Convalescent Home 37. Hospice 38. Hospital 39. Psychiatric Hospital 40. Clinic A 41. Child Daycare (Public; 7 or more) 42. Child Daycare (Private; 7 or more) X 43. School, K-12 (Public or Private) 44. School (Vocational) A 45. College or University X 46. Community Center (Public) X 47. Civic Club X 48. Church or Place of Worship X 49. Use Associated with a Religious Inst. X 50. Government Building X 51. Police Station X 52. Fire Station X 53. Library X 54. Data Center X PERMITED USES A = Accessory Use X = Permitted S== Special Use COMMERCIAL USES 55. Offices (General) X 56. Studio X 57. Banks and Financial Institutions X 58. Information Processing X 59. Hotel/Motel X Ordinance 770 Page 9 of 22 60. Hotel/Motel with Conferencing Facility X 61. Laundry/Dry Cleaning (<3,000 S.F.) X 62. Laundry/Dry Cleaning (Drop/Pick) X 63. Parking Structures X 64. Shoe Repair X 65. Beauty Parlor/Barbershop X 66. Clothing Store X 67. Quick Copy/Duplicating Services X 68. Personal Services X 69. Liquor Store 70. Micro·brewery and Wine Production and Sales (<30,000 S.F.) S 71. Grocery (With alcoholic beverage sales) S 72. Convenience Store (with alcoholic beverage sales) S 73. Grocery X 74. Convenience Store X 75. Variety Store X 76. Bakery Sales X 77. Stationery and/or Book Store X 78. Antique Shop X 79. Art Gallery/Museums X 80. Hardware Store X 81. Sporting Goods X 82. Paint and Wallpaper X 83. Clothing Store A 84. Retail Stores – General (Excluding Second Hand Goods) A 85. Restaurant, Cafe or Dining Facility X 86. Restaurant, Cafe or Dining Facility serving alcohol S 87. Auto/Truck Parts and Accessories X 88. Household Furniture/Appliances (including Sales and Service) X 89. Farmer's Market S 90. Feed Store 91. Parking Structure X 92. Cafeteria (Private) A 93. Job Printing, Lithography, Printing, or Blueprinting X 94. Vehicle Display and Sales (inside) X 95. Medical Laboratory A PERMITED USES A = Accessory Use X = Permitted S== Special Use 96. R&D Laboratory S 97. Conference Center X 98. Live Theater X 99. Motion Picture Theater X Ordinance 770 Page 10 of 22 100. Custon1 Business Services X 101. Electronic Appliances Store and Computer Sales and Service X 102. Tavern, Bar or Lounge S 103. Dance Halls/Nightclubs S 104. Golf Course (Public or Private) X 105. Park or Playground (Public or Private) X 106. Satellite Dish X 107. Non Commercial Radio Tower 108. Race Track Operation 109. Recreation Facility, Health Studio (Public) X 110. Country Club (Private Membership) X 111. Golf Clubhouse (Public or Private) X 112. Comn1unity Center (Private) X 113. Recreation Center (Private) X 114. Hike, Bike, and Equestrian Trails (Public or Private) X 115. Golf Maintenance Facility A 116. Golf Pro Shop X 117. Health/Spa Facilities (Private) X 118. Athletic Fields (Private) A 119. Athletic Courts (Private) A 120. Equestrian Center X 121. Athletic Courts (Public) A 122. Commercial Amusement (Inside) X 123. Lake Cruise/Water Taxi X 124. Truck/Trailer Rental S 125. Auto Body Repair 126. Auto Mechanical Repair S 127. Quick Lube/Oil Change 128. Vehicle Maintenance (Private) X 129. Vehicle Fueling (Private) S 130. Warehouse/Storage (Inside) 131. Warehouse/Storage (Outside) 132. Scrap/Waste Recycling Collection and/or Storage 133. Gas/Chemical Bulk Storage 134. Light Manufacturing/Assembly S 135. Apparel Manufacturing PERMITED USES A = Accessory Use X = Permitted S== Special Use 136. Packaging and/or Distribution 137. Printing, Engraving and related Reproductive Services 138. Distribution of Books/Other Printed Material 139. Machine Shop Ordinance 770 Page 11 of 22 140. Welding Shop 141. Temporary Batching Plant S2 142. Temporary Construction Office X2 143. Temporary Construction Materials Storage X2 144. Temporary Sales Office X2 NOTES: 1. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 2. Limited to period of construction. SECTION 2.2.2 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 III. DEVELOPMENT STANDARDS SECTION 3.1 DENSITY. The maximum aggregate floor area for all allowed uses in this PD District is 1,160,000 square feet. SECTION 3.2 MINIMUM LOT SIZE. The minimum lot size shall be 100,000 square feet SECTION 3.3 MINIMUM LOT WIDTH. The minimum lot width shall be 200 feet. SECTION 3.4 MAXIMUM BUILDING HEIGHT. Section 3.4.1 The maximum height shall be six (6) stories or 90 feet, but not to exceed 735 feet above Mean Sea Level (MSL). Exhibits 2 and 3 show Building Height Veiwshed Analysis. The following additional standards apply: A. Adjacent buildings within the same block must be varied in height; however, the height differential between buildings cannot exceed two floors. Ordinance 770 Page 12 of 22 B. Heights are measured from the sidewalk to the top of the parapet or roof eave. C. Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run. D. Attic space under the roof may be occupied. E. Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than 16 feet above the parapet or eave line. Section 3.4.2 Exceptions to Height Requirements. The height limits imposed by this Section 4 shall not apply to (a) chimneys and vent stacks, church spires, towers, cupolas, sloped roofs, 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 3.5 MINIMUM BUILDING SIZE. The minimum building size shall be 5, 000 square feet. SECTION 3.6 FRONT YARD SETBACKS. The minimum front yard shall be 50 feet. SECTION 3.7 REAR YARD SETBACKS. The minimum rear yard shall be 20 feet. SECTION 3.8 SIDE YARD SETBACKS. The minimum side yard shall be 25 feet. SECTION 3.9 SLOPE REQUIREMENTS. The regulations contained in the Code of Ordinances or UDC relating to building heights and setback requirements based on a slope from a roadway or a residential use does not apply to development within this planning area. Ordinance 770 Page 13 of 22 ARTICLE IV. ADDITIONAL DEVELOPMENT STANDARDS SECTION 4.1 SIGN STANDARDS. See Exhibits 4 through 7 for sign standards and general locations of signs allowed in this PD District. Exact sign locations will be provided at the time of the PD Site Plan and PD Development Plan approvals. ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Building Height Viewshed Analysis – cross section EXHIBIT 3 Building Height Viewshed Analysis – plan view EXHIBITS 4 – 7 Signs Ordinance 770 Page 14 of 22 EXHIBIT 1 Legal Description of PD 3-5B Planning Area DESCRIPTION 5B BEING a certain tract of land situated in the Richard Eads Survey, Abstract Number 393, the Jesse Sutton Survey, Abstract Number 1154, and the J. Bacon Survey, Abstract Number 1565, Denton County, Texas and being part of that tract of land described by deed to Westlake Retail Associates, LTD. recorded in Instrument Number 98-R0118649, Official Public Records Denton County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northeast corner of said Westlake Retail Tract; THENCE S 17°23’44”W, 329.22 feet to the POINT OF BEGINNING; THENCE S 17°23’44”W, 147.46 to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 783.77 feet, through a central angle of 17°32’30”, having a radius of 2560.00 feet, the long chord which bears S 08°37’29”W, 780.71 feet; THENCE S 00°08’46”E, 87.08 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 159.11 feet, through a central angle of 08°57’34”, having a radius of 1017.50 feet, the long chord which bears S 04°20’01”W, 158.95 feet; THENCE S 75°29’58”W, 1406.35 feet; THENCE N 89°54’10”W, 898.42 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 128.76 feet, through a central angle of 03°55’08”, having a radius of 1882.50 feet, the long chord which bears S 88°08’17”W, 128.73 feet; THENCE N 41°18’25”W, 147.59 feet; THENCE N 56°49’26”W, 648.38 feet; THENCE N 33°22’07”E, 762.52 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 610.57 feet, through a central angle of 33°57’51”, having a radius of 1030.00 feet, the long chord which bears N 61°39’47”E, 601.67 feet; THENCE N 89°59’49”E, 2082.87 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 225.55 feet, through a central angle of 72°36’05”, having a radius of 178.00 feet, the long chord which bears N 53°41’47”E, 210.76 feet to the Point of Beginning and containing 3,531,053 square feet or 81.06 acres of land more or less. "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 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." Ordinance 770 Page 15 of 22 EXHIBIT 1 Legal Description of PD 3-5B Planning Area (continued) 0 Ordinance 770 Page 16 of 22 EXHIBIT 2 Building Height Viewshed Analysis Ordinance 770 Page 17 of 22 EXHIBIT 3 Building Height Viewshed Analysis Ordinance 770 Page 18 of 22 EXHIBIT 4 Signs Ordinance 770 Page 19 of 22 EXHIBIT 5 Signs Ordinance 770 Page 20 of 22 EXHIBIT 6 Signs Ordinance 770 Page 21 of 22 EXHIBIT 7 Signs Ordinance 770 Page 22 of 22