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11-28-16 PZ Agenda Packet Page 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA November 28, 2016 WESTLAKE TOWN HALL 1301 Solana Blvd. Building 4, Suite 4202 2ND FLOOR, COUNCIL CHAMBERS WESTLAKE, TEXAS 76262 Work Session 5:00 p.m. Work Session 1. CALL TO ORDER 2. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT PROJECTS PER STAFF OCTOBER 2016 REPORT AND OCTOBER 2016 ENTRADA REPORT FROM THE DEVELOPER. 3. DISCUSSION REGARDING PROPOSED TRANSFER DEVELOPMENT INSTENSITY ORDINANCE. 4. STANDING ITEM: DISCUSSION REGARDING COMPREHENSIVE PLAN RELATED ISSUES AND BOARD PROFESSIONAL DEVELOPMENT. Page 2 of 2 5. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Bldg. 4, Ste. 4202, Westlake, Texas, 76262, November 23, 2016, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Tanya Morris, Administrative Assistant to the Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Development Snapshot October 2016 1.  CVS Pharmacy: Status—Store open; Temporary C of O issued pending final Town compliance 2.   Primrose School: Status—Under construcƟon.  Projected compleƟon: Winter/Spring 2017 3.  SH 114 Expansion: Status—ConstrucƟon underway.  Projected compleƟon: Fall 2018 4.  Hollywood Hamburger: Status—ConstrucƟon underway.  Projected compleƟon: Winter/Spring 2017 5.  Terra Bella Subdivision (28 Lots): Status—13 lots are currently developed 6.  Carlyle Court Subdivision (8 Lots): Status—3 lots are currently developed or under construcƟon 7.  Quail Hollow Subdivision (92 Lots): Status—Phase I under construcƟon.  Phase II under review 8.  Granada Subdivision (84 Lots): Status—Phase I is 78% built‐out; Phase II is under construcƟon 9.  Project Blizzard (Schwab): Status—Preliminary uƟlity work underway.  Concept plan and site plan to be   reviewed and approved.  Projected building construcƟon start: Summer 2017 10.  SH 170 Expansion: Status—ConstrucƟon underway.  Projected compleƟon: Fall 2018  Development AcƟviƟes Map Legend 2016 Building Permit AcƟvity FROM: Mike Beaty, Centurion American DATE: Nov. 8, 2016 Good Afternoon: Attached please find the Power Point. Below is a written summary with a look-ahead through Q1 2017. Please let me know if you need anything further. Thank you, Mike Completed Tasks: • Arta Paving is complete • Hardscape is compete including the gas meter enclosure • Solana Boulevard expansion at the Davis Intersection is complete • Davis Left Turn lane is complete • CVS is open • Sanitary sewer goes to plugged manhole and is being trucked to Town Lift Station, pending final connection for offsite sanitary sewer (Southlake / TRA) • First 12 Trevi’s PD Site plan has been fully approved. Civil Engineering Plans are moving forward, along with Building Permit plan sets for the homes • New Mineral Lease has been executed and Mehrdad is moving forward with the acquisition of the Wells Fargo Mineral Rights • Franchise and Duct Bank installation for Block J (Phase I-A) complete • New Duct Bank Lid installed for manhole in Solana Boulevard Open Tasks from previous update: • Solana Boulevard / Granada Intersection has a modified armor joint detail to be installed. • AC Marriott package being update to include a potential LQ next door, with a shared parking garage between the two Year-End 2016 Milestones: • Phase I-B Paving • Start the first 6 Villas • Perimeter Landscape Continues • Start the Davis-114 Retail Corner as soon as Building Permits are available. • Pour Chapel Foundation PHASEI –A (BLOCKSM & N)I-A August 2016 Milestones: Completion of Arta Paving Completion of Hardscape at Davis and Solana Boulevard Completion of Offsite Sanitary Sewer Line Completion of Internal Water, Sanitary Sewer and Storm Drainage Complete AC Marriot Application to be on the October Meeting schedule for Marriot approval Primrose Under Construction AUG 2016 Perimeter Landscaping is included August 2016 AC Primrose Under Con- struction PHASEI –B (BLOCKSI & J)I-A I-B AUG 2016 SEPT 2016 Perimeter Landscaping is included September 2016 Plat Cortes ROW And Town Hall Lot September 2016 Milestones: Begin Cortes Paving Plat for Block J to start the First 6 Villas Dedicate Cortes Right-of-Way to Town for access to Town Hall Site Perimeter Landscape work continues Execute agreement with Tom Allen for Mineral Rights and Surface Rights acquisition to facilitate surface parking for the internal office buildings. Pull Building Permits for: •First 6 Villas •Davis -114 Retail Corner Planning & Zoning , then Council to receive presentation for the first 12 Trevi homes. Architecture work continues for Internal Office Buildings, Amphiteater, Parking Garage and First Restaurant Row Building Pour Chapel Foundation on the Island AC Primrose Under Con- struction PHASEI –C (BLOCKSA & O)I-A I-B I-C AUG 2016 SEPT 2016 OCT 2016 Perimeter Landscaping is included Perimeter Landscaping is included October 2016 Plat Cortes ROW And Town Hall Lot October 2016 Milestones: Paving Continues for Cortes and internal streets Begin Construction on Davis-114 Retail Corner with Starbucks Perimeter Landscaping Continues Receive approval for AC Marriot Franchise in Entrada and move forward with Architecture Architecture work continues for Internal Office Buildings, Amphiteater, Parking Garage and First Restaurant Row Building Complete Lake Retaining wall work AC Primrose Under Con- struction Page 1 of 2 estlake Planning and Zoning Commission TYPE OF ACTION Workshop - Discussion Item Monday, November 28, 2016 TOPIC: Discussion Regarding Proposed Transfer of Development Intensity Ordinance STAFF CONTACT: Tom Brymer, Town Manager Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations Time Line - Start Date: November 28, 2016 Completion Date: TBD Funding Amount: 00.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On March 2, 2015, the Town Council adopted the current Town of Westlake Comprehensive Plan – Forging Westlake. A major focus of Forging Westlake (the Plan), based on citizen input, was preservation of Westlake’s view corridors and scenic topography. This lead to identification of the Town’s view corridors and view sheds in the Plan, as well as ways to incent their preservation, especially from the portions of the Town that lie south of the major ridge lines that traverse Westlake. Having adopted the Plan, attention has turned to tools needed to implement it, especially this cornerstone of the Plan of preserving the Town’s scenic view corridors for the residential uses that Page 2 of 2 lie south of the Town’s ridge line. A key implementation provision of the Plan involves adoption of policies that allow the transferring of more intense commercial uses that have yet to be developed but are, nonetheless, entitled through existing planned development zoning districts, from one portion of the Town to another. In general, these more intense commercial uses would be transferred from areas located primarily in the southern portion of the Town that are located close to established residential areas with large areas of open space, to the north in areas that are primarily located along SH 114 and SH170. This concept is called “Transfer of Development Intensity” (TDI) and is proposed to be implemented with a TDI ordinance. Staff has been working on this draft TDI ordinance since this was last discussed with the Commission in 2015. Legal staff as well as key stakeholders from the development community have reviewed and provided input into this draft TDI ordinance. As the attached exhibits indicate, the areas wherein the development intensity would be transferred are called receiving areas while the areas that would be reducing development intensity would be called sending areas. RECOMMENDATION Staff recommends presentation and discussion of this proposed TDI Ordinance. A presentation will be made at the Commission’s workshop about this draft ordinance and its key provisions as well as offer the Commission the opportunity to ask questions and discuss this draft ordinance. ATTACHMENTS 1. Key related excerpts from Forging Westlake, the Town’s Comprehensive Plan. 2. Proposed draft TDI Ordinance. Westlake Comprehensive plan Update140 Building Area (Sq. Ft.) Units Rooms PD1‐1 Hotel 150,000 250 Retail 349,483 Office/Education 659,648 Residential 207 PD1‐2 (Entrada) Residential 322 Non‐Residential 1,500:1 ratio = 483,000 PD1‐3 (Granada) Residential 84 PD‐2  Office 5,217,752 PD‐3 PD 3‐1 Office 58,806 Residential 513 PD 3‐3 Office 1,200,000 Hotel 500,000 833 PD 3‐4 Office 558,355 Hotel 750,000 1250 Retail 360,940 Mall 1,630,000 PD 3‐5 Office 884,505 Mixed‐Use 1,305,060 Residential 275 PD 3‐6 Office 1,207,486 Retail 110,650 Residential 40 PD 3‐7 Office Campus 2,940,300 60 PD 3‐8 Office  1,048,707 Office Campus 775,436 Office/Industrial 1,099,019 Retail 131,769 PD 3‐9 Office 27,443 Retail 978,793 Mixed‐Use 660,587 Residential (MF)330 PD 3‐10 Retail 133,633 PD 3‐11 Retail 141,487 Westlake’s Current Entitlements by Land Use Building Area (Sq. Ft.) Units Rooms PD 3‐12 Conference, Education, Data,  and 1200 room Hotel 1,250,000 1200 PD‐4 (Tierra Bella) Single Family 28 Area Outside PDs Office (FAR .25:1) 1,100,347 R‐1 (Min. Lot Size 43,560 sf)488 R‐2 (Min. Lot Size 87,120 sf)68 R‐5 (Min. Lot Size 217,800 sf)35 R‐A (Min. Lot Size 43,560 sf)48 Totals Building Area (Sq. Ft.) Units Rooms Residential (SF)2,168 Residential (MF)330 Hotel 1,400,000 2,333 Office/ Office Industrial/  Campus Office 16,730,804 Education/ Conference/ Hotel 1,250,000 1,200 Mixed‐Use 2,448,647 Retail (Inc. Mall) 3,836,755 Westlake’s Current Entitlements by Land Use Figure 102: Westlake’s Current Entitlements by Land Use Page 1 of 18 ARTICLE _______ SECTION 1: SHORT TITLE This ordinance shall be known and may be cited as the “Transfer of Development Intensity Program Ordinance” or simply as the “TDI Ordinance”. Section 2: PURPOSE Where eligible, and where approved according to the standards and processes established in this Article, the purpose of this Article is to implement the Town’s Comprehensive Plan (as adopted by Ordinance 747 and hereafter as may be amended). Specifically, implementation of the Town’s Comprehensive Plan, as it relates to this Article, pertains to: 1. The Plan’s stated intent to preserve various view corridors via massing of certain permitted uses in certain zoning districts while off-setting that massing by decreasing zoning use intensities in other district(s). The Town’s Comprehensive Plan sets out those areas in the Town where view corridor preservation may be achieved by increasing or decreasing development mass of approved zoning. 2. The Plan’s stated intent to better distribute and better manage the traffic volumes generated by future development. 3. Facilitate implementation of open space and public facility needs as set out by the Comprehensive Plan. These stated purposes can be implemented by the massing of development intensity associated with certain permitted land uses in one zoning district while decreasing the development intensity associated with permitted land uses in another district and shall be termed, “Transfer of Development Intensity” or TDI. The transfer of Development Intensity may be between identical permitted land uses in both the Sending Area and the Receiving District PD/ PD Planning Area or between dissimilar Sending District/ Receiving Land Uses when the Sending District Land Use has been converted to a permitted Land Use in the Receiving District PD/ PD Planning Area. In no event shall a TDI application represent a net increase in permitted development Intensity when considering both sending and receiving zoning districts in the aggregate for a Transfer between identical land uses or an increase in permitted Development Intensity as converted in accordance with this Article , unless a Development Intensity Bonus has been granted in accordance with Section 6 of this Article. SECTION 3: DEFINITIONS Definitions in this Article are intended only for certain key terms integral to describing the TDI process, and is not meant to be an exhaustive list of all terms contained in the all of the Town’s zoning regulations. “Building Envelope” shall mean the recommended building space of a lot, parcel, or tract located in a Receiving District. The Building Envelope is a buildable space as described by the DRAFT Page 2 of 18 height, non-residential FAR (floor to area ratio), and/or Residential Unit Density as recommended in Exhibit A. “Community Character District” shall mean specific zones identified on the Comprehensive Plan Land Use Plan Element and used to identify sub-zones of the Receiving District where different Building Envelope capacity (expressed as Building Height, FAR, and/or Residential Unit Density) is specified. “Comprehensive Plan” is the general development plan for the Town as adopted by the Town Council on ____ by Ordinance 747 and may, from time to time, be amended by said Council. “Development Intensity” shall mean the eligib le square footage of a non-residential use permitted in a PD/ PD Planning Area or the number of residential units of a residential use permitted in a PD/ PD Planning Area that are eligible to be considered for severance or transfer in accordance with the provisions of this Article. Only Eligible Development Intensity shall be considered in any request for severance or as a base level to which Development Intensity can be added through Transfer. The Development Intensity eligible to be considered in the TDI program are documented in Exhibit B for all properties zoned as a Planned Development at the time this ordinance is adopted. Future Planned Developments will necess itate a revision of Exhibit B when such future Planned Developments are approved by the Town Council. Development Intensity may be severed from a Planned Development and transferred to a Planned Development as permitted by this Article and in accordance with the processes described herein. In any transfer of Development Intensity, the development square footage and/ or residential uses transferred must be associated with an identical use that is permitted in both the Sending District PD/ PD Planning Area and the Receiving District PD/ PD Planning Area or the development intensity from a Sending Area associated with a Land Use that is not permitted in the Receiving District PD/ PD Planning Area or is not the same as the land use to which the transferred Development Intensity will be assigned, must be converted to a specific use permitted in the Receiving District, in accordance with Section 8 of this Article. The calculation of all conversions must comply with the conversion rates established in Exhibit D. Land Uses may only be converted into non-residential use; there shall be no conversion of a non-residential use or a residential use into a multi-family residential use. “Development Intensity Bonus” means an additional square foot of transferred Development Intensity allowed for each square foot of Development Intensity severed from a Sending Property as an incentive for setting aside Public Land describe d in this ordinance (Section 6). Development Intensity Bonuses are added to the Development Intensity, severed from a Sending District PD/PD Planning Area upon Transfer and do not increase or diminish the Development Intensity that has not been severed. A Development Intensity Bonus is added to the Development Intensity severed after severance, thereby inc reasing the total Development Intensity Transferred. The Sending District party may benefit from the bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus is granted for Public Land set aside by the Receiving District party, then the benefits of the Transfer accrue to the Receiving District party. DRAFT Page 3 of 18 “Development Plan” is a specific plan describing how a PD/ PD Planning Area is to be developed according to its approved uses in the ordinance establishing that particular PD/ PD Planning Area as it may be amended from time to time. Further, where applicable, the Development Plan for a PD/ PD Planning Area is subject to the general requirements of the Town’s PD regulations. “Dual Eligibility Districts” shall mean an area identified in Exhibit C, portions of which can serve as a Sending District when associated with a Sending District or serve as a Receiving District when associated with a Receiving District. The determination as to whether a PD/PD Planning Area located in the Dual Eligibility District is to be designated as a Sending District or a Receiving District shall be determined by the Town Manager or designee and thereby identified as eligible to move forward for consideration of Severance and/ or Transfer by the Town Planning Commission and Council. Disagreement with a designation by the Town Manager may be appealed to the Town Council. “Land Use Character Districts” shall mean districts as defined within the Land Use Plan section of the Westlake 2015 Comprehensive Plan which describe the build -out qualities and aspects of various sectors of the Town labeled as either Regional Commercial Community, Community Commercial, Town Core Community, Town Common, Open Space Community, or Pastoral Community. “Planned Development Districts” or “PD” shall mean those zoning districts that have specific zoning and development regulations for a specific geographically defined area as adopted in the ordinance establishing a specific PD (and as may be amended) as well as, where applicable, is subject to the general PD zoning regulations of the Town. Only properties zoned as a Planned Development are eligible for TDI. “PD Planning Area” shall mean a Planned Development sub-district created by the Planned Development Ordinance and to which Development Intensity is assigned by that ordinance. “Public Land” shall mean land that remains undeveloped by the property owner and is set aside for any of the following purposes: a. Open Space that implements or compliments the Parks, Trails, and Open Space Plan Element of Westlake’s Comprehensive Plan and is not credited toward meeting the open space requirements of the regulating Planned Development O rdinance. b. Public facility site including fire stations, police stations, city hall, public civic halls/centers, public museum, library, public school or other such use that the Town agrees is a Public Facility. c. Preservation of landmark landforms or other natural landmarks for which the Town seeks preservation. DRAFT Page 4 of 18 “Public Land Set Aside” shall mean the means by which Public Land is committed to a public use or purpose. Set aside shall be by such means as determined necessary by the Town Council at the time such Council approves a Severance or Transfer. Means of set aside may include (but not limited to) A. Dedication B. Easement C. Contractual Agreement “Receiving District” shall mean the designated area in which a specific quantity of square footage of previously approved non-residential use or a specific number of residential dwelling units of a previously approved residential use is adjoined to a PD/PD Planning Area when transferred from another PD/PD Planning Area located in a designated Sending District, with a corresponding increase in Development Intensity credited to the PD/PD Planning Area located in a district receiving the transfer. “Sending District” shall mean the designated area from which a specific quantity of square footage of previously approved non-residential use or a specific number of residential dwelling units of a previously approved residential use is severed from a PD/PD Planning Area located in a designated district for sending the transfer to another PD/PD Planning Area located in a Receiving District, with a corresponding reduction of the transferred Development Intensity in the district sending out the transfer. “Severance” shall mean the commitment on the part of a land owner having a right granted by a Planned Development Ordinance to develop an amount of non-residential square footage or residential units to limit the use of that right by an official act of severance that is approved by the Town Council. Severed Development Intensity may be held without attachment via Trans fer, awaiting a future Transfer. A Severance that is pending Transfer is called a “Severance Pending Transfer”. “Transfer” shall mean the attachment of an approved amount of non-residential square footage or residential units severed from a PD/PD Planning Area designated as a Sending District to a PD/PD Planning Area designated as a Receiving District. “Transfer of Development Intensity” or “TDI” shall mean the process as established in this Article by which development square footage for approved uses is transferred from one PD/ PD Planning Area to another with the intent to achieve preservation of view corridors and other purposes stated in this Article via increased massing of certain permitted uses in the designated Receiving District with an off-setting decrease of massing of the same permitted use(s) in the designated Sending District. SECTION 4: ZONING DISTRICTS ELIGIBLE TO PARTICIPATE IN TDI DRAFT Page 5 of 18 Only properties zoned as a Planned Development are eligible to be considered for TDI. Only the Development Intensity authorized by the PD/ PD Planning Area and associated with land uses that are permitted by the PD/ PD Planning Area (as defined in this Article) shall be eligible for consideration to be Severed or Transferred by the Town: A. Only Development Intensity associated with the same permitted use in both the Sending District and the Receiving District, or a Development Intensity associated with a Land Use in a Sending District that is converted to an equivalent Development Intensity for a Land Use permitted in the Receiving District using the conversion rates established in Exhibit D, can be considered for TDI and Transferred. B. Only TDI requests determined to meet the intent and criteria of the Comprehensive Plan will be considered eligible for consideration under this Article. A Development Intensity Severance and/or Transfer must be approved by the Town Council as the Cou ncil determines appropriate to the Town. A property owner of property located in a PD/ PD Planning Area does not have a right to sever or transfer. C. TDI requests for properties that wish to exceed the maximum Development Potential as established by Exhibit A shall do so with Town Council approval. SECTION 5: SENDING DISTRICTS, RECEIVING DISTRICTS, AND DUAL ELIGIBILITY DISTRICTS A. Sending Districts, Receiving Districts, and Dual Eligibility Districts are identified in Exhibit C. When PD/PD Planning Area lies partially within a Sending District or a Receiving District or lies within a Dual Eligibility District, the Town Manager or designee shall make a recommended determination whether the entire PD/PD Planning Area is a Sending District or a Receiving District and such recommended determination shall be confirmed or modified by the Town Council upon approval of an application for Severance or Transfer. Any adjustment to the general boundaries of Sending Districts, Receiving Districts, or Dual Eligibilit y Districts resulting from such recommended determinations of the Town Manager or Designee shall be documented by making revision to Exhibit C and Exhibit A, when applicable, reflecting the Council’s final determination. B. After a Severance of Development Intensity, a Sending District PD/PD Planning Area may be developed for any remaining amount of Development Intensity remaining after such severance. If the Sending District property qualifies to benefit from and is granted a transfer bonus for setting aside Public Land in the Sending District, then any subsequent development of that property must implement the Public Land use or purpose for which the bonus was granted. Any documentation of the severance in accordance with this Article must document the Public Land set aside. C. After a Transfer of Development Intensity, a Receiving District PD/PD Planning Area may be developed for any amount of Development Intensity specified in the Transfer plus any additional Development Intensity permitted by the re gulating PD Ordinance provided that the Building Envelope prescribed for the Community Character District, in which the receiving PD/PD Planning Area is located, is not exceeded. If the Receiving District PD/PD Planning Area qualifies for and is granted a transfer bonus for setting aside Public Land within the Receiving District, then any subsequent DRAFT Page 6 of 18 development of that property must implement the Public Land use or purpose for which the bonus was granted. Any documentation of the Transfer in accordance with this Article must document the Public Land set aside. D. When a severance separates 100% of the eligible Development Intensity, the affected property: a. Must immediately plat to show Public Land set asides, if such set aside was part of the severance approval; b. May be used to product agricultural or forest products; and c. May be placed within a conservation easement granted to a conservation trust. d. Must be noted on the Master TDI Log as a “ineligible” until and if such property is rezoned. E. When a Transfer would occupy 100% of the Building Envelope as identified in Exhibit A, the PD/PD Planning Area cannot receive any additional Development Intensity and the property will be noted on the Town’s Master TDI Log as “Ineligible” until and if the property is rezoned. F. The Town Council may approve a severance without identifying a PD/PD Planning Area to which the severed Development Intensity will be affixed via transfer. A property owner may hold such severance until a transfer can be identified. Un-affixed severance is noted on the Town’s Master TDI Log as “Un-affixed”. This provision is expressly intended to facilitate those property owners who develop a property according to market demand but below the Development Intensity permitted by the regulating PD Ordinance and wish to retain unused Development Intensity for a future transfer. Any un-affixed Development Intensity that remains with the severance due to limits imposed by the limited capacity of a Receiving District Building Envelope may only be transferred to another Re ceiving District property through the processes set out in this Article and upon approval by the Town Council. G. Once Development Intensity is severed from a PD/PD Planning Area, the current property owner and any future property owners are obligated to limit development of the property from which Development Intensity has been severed to the portion of development intensity, permitted by the Planned Development Ordinance that has not been committed to severance. The severance limitation remains in effect until the property is rezoned. SECTION 6: DEVELOPMENT INTENSITY BONUS A. When an applicant for a Severance and/or a Transfer of Development Intensity wishes to withhold land from future development and commit such land as Public Land, that applicant is eligible to benefit from a Development Intensity Bonus. Development Intensity Bonuses are added to the Development Intensity, severed from a Sending District PD/PD Planning Area and do not increase or diminish the Development Intensity that has not been severed. A Development Intensity Bonus is added to the Development Intensity severed after severance, thereby increasing the total Development Intensity Transferred. A Development Intensity Bonus is only DRAFT Page 7 of 18 granted as an incentive to set aside Public Land. The Sending District Party may benefit from the bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus is granted for Public Land set aside by the Receiving District Party, then the benefits of the Transfer accrue to the Receiving District party. The bonus established below is only granted to benefit either the Sending District party or the Receiv ing District Party, depending on which party sets aside Public Land. If both parties set aside Public Land, then the Town Council shall determine what the appropriate bonus shall be. B. Only the following Public Land set asides are eligible to be considered for a Development Intensity Bonus: (a.) Open Space that implements or compliments the Parks, Trails, Open Space Plan Element of Westlake’s Comprehensive Plan and is not credited toward meeting the open space requirements of the regulating Planned Development Ordinance. (b.) Public facility site including fire stations, police stations, city hall, public civic halls/centers, public museum, libraries, public schools, or other such use that the Town agrees is a Public Facility. (c.) Preservation of landmark landforms or other natural landmarks for which the Town seeks preservation. C. Development Intensity Bonus for each of the above listed eligible Public lands is calculated based on the transfer ratios list ed below and in accordance with the methods portrayed in the following example diagram: DRAFT Page 8 of 18 (a.) Open Space: For Public Land up to 50 ac., 0.008 sf will be added to each square foot of severed non-residential use at transfer or .005 residential units will be added to each severed residential unit at transfer for each acre of Open Space. For Public Land between 51 ac. and 100 ac.: The first 50 acres shall be calculated based on the above specified transfer rate applicable up to 50 acres. For additional acreage, over 50 acres, 0.005 sf added will be added to each square foot of severed non-residential use at transfer or .003 residential units will be added to each severed residential unit at transfer for each acre of Open Space over 50 ac. For Public land over 100 acres: The transfer rate shall be determined by Town Council. (b.) Public Facility and Preservation land: Public Land 10 ac or less: 0.02 sf. added to each square foot of the severed non-residential use at transfer or 0.02 residential units added to each permitted residential unit at transfer for each acre of Public Facility Site or Preservation site that is 10 ac or less. Where Public Land for a Public Facility or Preservation is greater than 10 ac. the eligible transfer bonus shall be as follows:  For Public Land from 11 to 50 ac.: 0.005 sf will be added to each square foot of severed non-residential use at transfer or .005 residential units will be added to each severed residential unit at transfer for each acre of Public Facility or Preservation Land gre ater than 10 ac.  For Public Land from 51 to 100 ac.: The first 50 acres shall be calculated based on the above specified transfer rates applicable to 10 acres and between 10 and 50 acres. For additional acreage, over 50 acres, 0.004 sf added will be added to each square foot of severed non-residential use at transfer or .004 residential units will be added to each severed residential unit at transfer for each acre of Public Facility or Preservation land over 50 ac.  For Public land over 100 acres: The transfer rate shall be determined by Town Council. D. If the Severance or Transfer includes a bonus for setting land aside as Public Land, the bonus Transfer can be acted upon simultaneously with such measures that the Town deems acceptable and sufficient to esta blish the Public Land set aside and its use. SECTION 7: RELATIONSHIP TO ZONING A. Development Intensity may only be increased within a designated Receiving District through a Transfer of Development Intensity from a designated Sending District. An increase of Development Intensity through any means other than a transfer of Development Intensity, approved by the Town Council, is prohibited without measures by a property owner to assure that there will be an increased vehicular DRAFT Page 9 of 18 capacity in the Town Thoroughfare System, as presented in the Town’s Official Thoroughfare Plan, required to accommodate an increase in the Town’s aggregate Average Daily Trips (ADT’s), generated by existing entitlements, or needed to prevent any change in the existing threshold Level of Service (LOS) to LOS E or higher at various intersections of the Regional Arterials and Town Arterials (as identified in the Town’s official Thoroughfare plan). B. Only a property zoned as a Planned Development is eligible to participate in the TDI Program presented in this Article. Any property not zoned as a PD may make application to the Town to have the development rights currently conveyed through categorical zoning reauthorized in the form of a Planned Development Ordinance which meets the requirements of Chapter 102 of the Town’s Code of Ordinances. SECTION 8: CONVERSION When the Development Intensity Severed is associated with a Land Use that is permitted in a Sending District PD/PD Planning Area but not permitted in the Receiving District PD/PD Planning Area to which a Transfer is requested, then the Sending Area Development Intensity must be converted to an equivalent Development Intensity associated with a Land Use permitted in the Receiving District. The process of Conversion requires: A. Determination of the Conversion Rate: Exhibit D shows the conversion rate for a base land use (column A, vertical axis) for each land use listed in conversion land use (Ro w A, horizontal axis). The conversion rate to use in calculation of the conversion is that rate specified in the cell where the base land use and the conversion land use intersect. B. Calculation of the equivalent Development Intensity: The number of non-residential square footage and/ or the residential units severed must be multiplied by the applicable conversion rate to establish an Equivalent Development Intensity. C. Calculation of Applicable Bonus: If a bonus is applicable due to the set aside of Public Land, then the bonus shall be added to the Development Intensity associated with the base land use. D. Disclosure of Calculation: All calculations and identification of land uses used to determine the Equivalent Development Intensity must be full documented in any application for Transfer. SECTION 9: APPROVAL OF A DEVELOPMENT PLAN ASSOCIATED WITH A TRANSFER CONSTITUTES AN AMENDMENT A. The Council approval of a Transfer constitutes the following: 1. Approval of the affixation of a specified amount of severed Development Intensity to a specific PD/PD Planning Area provided that the additional Development Intensity is applied to identical Land Uses permitted by the Planned Development entitlement in both the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning Area, or a Sending District Development Intensity that DRAFT Page 10 of 18 has been converted to an equivalent Development Intensity associated with a Land Use permitted in the Receiving District PD/ PD Planning Area. 2. Approval of the “Development Plan” required with each transfer or severance constitutes an amendment/ variance of certain existing development provision s of the Planned Development entitlement (except land use) when such amendments/variances are identified in the Development Plan, required as part of the transfer and/ or severance application. B. The PD amendment/variance granted through approval of the Development Plan is only applicable for the property included in that Development Plan for which requested amendments/variances are identified. All other properties (lots, parcels, or tracts) must comply with the conditions of the Planned Development entitlement. Any PD condition that is not addressed by the Development Plan shall remain in force as specified by the entitlement ordinance. Land Uses permitted by the PD/PD Planning Area may only be amended through rezoning. SECTION 10: TDI PROCESS AND RECORDATION OF APPROVED TDI’S A. Initiation of the TDI Process/Determination of Eligibility for TDI Consideration. Upon inquiry by a land owner, said TDI process shall begin with a pre-application meeting with the owner(s) of the proposed sending and receiving PD’s . This pre- application meeting is to determine eligibility for participation in the TDI process. Following this pre-application meeting, a written determination shall be made by the Town Manager or Designee as to the eligibility of the property in question to participate for consideration under the TDI process and certification that the PD/PD Planning Area in which the property is located is a Sending District or Receiving District (designated Sending Districts and Receiving Districts are identified in Exhibit C. If found ineligible to participate in the TDI process, the owners of the land in the PD/ PD Planning Area’s in question may instead, at their option, apply for a zoning change. If certification as a Sending District or a Receiving District is not deemed by the Town Manager or Designee as possible at the administrative level, the owners of the property in question may seek designation by the Town Council. B. Application for TDI. If the property in question is found to be eligible by the Town Manager, under the criteria established herein, for participation in the TDI process and a written determination has been issued so stating that the owner(s) of the subject property are found eligible, then the property owner may submit a TDI application that, as a minimum, shall contain the following information: (1.) Sending and/or Receiving PD/PD Planning Area- a specific field note description and map of the Sending and (if the Severance request includes a Transfer) Receiving PD/PD Planning Area. (2.) A specific, quantifiable description of the Development Intensity associated with permitted uses effected by this Severance or Transfer and calculations of what DRAFT Page 11 of 18 the corresponding reduction in Development Intensity will be for the Sending District and what the corresponding increase in Development Intensity will be for the Receiving District and showing how there is no net inc rease in approved overall eligible Development Intensity as a result of this transfer except as may be the result of providing Public Land as described in SECTION 6 (B). (3.) A Development Plan showing the total impact of the Transfer, specifically including: (a.) all information required for PD site plans as set out in that District’s establishment ordinance (as may be amended), and (b.) where applicable as determined by the Town Manager or designee, all information required for Development Plans as set out in the Town’s general PD regulations, and (c.) the layout and specific requirements of proposed PD/PD Planning Area amendments/variances needed to accommodate changes to the Sending and Receiving Districts as would be effectuated by the TDI including, but not limited to, location of Building Envelopes, parking, open space and park land and where applicable, Public Land. Land Use is not a permitted amendment or variance. (d.) the percentage of total Building Envelope that is occupied by the Transfer and/ or documents the Development Intensity severed from and remaining within the Sending District PD/PD Planning Area. (e.) any and all variances from the regulating PD Ordinance that are necessary to implement the Transfer Development Plan as shown. (f.) any and all Public Land set asides that are part of the Severance and/ or Transfer transaction. (g.) building height, building square footage and/or number of residential units. (h.) T.I.A. as applicable in accordance with Ord inance No. ____. C. Additional Information as may be Required. The Town Manager or designee is authorized to require additional information from the TDI applicant as may be needed to determine if the proposed application comports to the Comprehensive Plan or as needed to present this matter to the Town Planning and Zoning Commission and Town Council. D. Master TDI Log. The Town Manager or Designee shall develop all necessary administrative processes and forms to accurately track all applications for Severance or Transfer of any and all approved TDI’s and any special conditions attached thereto. The Town Manager or Designee shall have maintained a master list of all approved TDI applications to ensure that: (1.) no approved TDI Transfer application represent a net increase in the Development Intensity permitted by the regulating PD ordinance(s) when considering both sending and receiving zoning districts in aggregate in any DRAFT Page 12 of 18 TDI application unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. (2.) at no time will any approved TDI application achieve a net increase in Development Intensity permitted by the regulating PD ordinances for all PD/ PD Planning Area’s in the Town, considered in aggregate, unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. SECTION 11: REQUIRED PUBLIC HEARINGS AND NOTICES A. Public Process for TDI Consideration. Once the proposed TDI application is deemed complete by the Town Manager or Designee, public hearings shall be scheduled for consideration of the TDI application before both the Planning & Zoning Commission (Commission) and the Town Council (Council). Notices for said TDI public hearings before the Commission and the Council shall be provided in accordance with proposed zoning change notice requirements. Proposed TDI applications scheduled for Commission and Council consideration will be brought forward with a Staff recommendation that includes how this application comports to the Comprehensive Plan. The Commission will conduct the first public hearing on any proposed TDI application. Following this public hearing, the Commission shall make a recommendation to the Council regarding the proposed TDI application. The Council, following conduct of its public hearing on the proposed TDI application, shall approve, modify, or disapprove said application. B. Approval of a TDI shall be done by adoption of a zoning ordinance amendment that contains, as a minimum, the following information : (1.) Location of the Sending and Receiving PD/ PD Planning Area’s with field note description and map of the Sending PD/ PD Planning Area and Receiving PD/ PD Planning Area’s. (a.) A specific, quantifiable description of the approved use associated Development Intensity transferred by the TDI and calculations of the corresponding reduction in Development Intensity for the Sending District and the corresponding increase in Development Square Intensity for the Receiving District, and showing how there is no net increase in the vehicular volume associated with permitted development in aggregate for these specific districts, with this transfer, unless a Development Intensity bonus has been granted to the Transfer for providing Public Land as specified in this Article. (2.) An amended Development Plan showing: (a.) all information required for PD site plans as set out in that District’s establishment ordinance (as may be amended), and DRAFT Page 13 of 18 (b.) where applicable, all information required for Development Plans as set out in the Town’s general PD regulations, and (c.) How the Development Plan is now amended to accommodate changes to the Sending and Receiving Districts as effectuated by the TDI including, but not limited to, location of Building Envelopes, pa rking, open space and park land, and (d.) Any public land set asides (by any means described in Section 6), if applicable. DRAFT Page 14 of 18 Exhibit A: Building Envelope (DRAFT) DRAFT Page 15 of 18 Exhibit B: Eligible Development Intensity (DRAFT) ** per Ordinance 202 as may be amended or replaced by Council action DRAFT Page 16 of 18 Exhibit C: Sending, Receiving and Dual Eligibility Districts (DRAFT) DRAFT Page 17 of 18 Exhibit D: Conversion Rates (DRAFT) * Multi-family may be converted to any use presented in the table, but no use may be converted into multi-family. ** Data Center Conversions in Exhibit E DRAFT Page 18 of 18 Exhibit E: Conversion Rates for Data Centers (DRAFT) Data Center* Recreation. Sports and health Club 3550/1000 Auto Service 1751/1000 Data Center 88/1000 Education/ Government/ Institutional 1576/1000 Hotel and Conference 870/ 1rm Mall 3389/1000 Mixed-Use 2189/1000 Office 1051/1000 Office Campus 1000/1000 Office/ Educational 1101/1000 Office/ Industrial 613/1000 Residential (MF) 581/ 1 unit Residential (SF) 833/ 1 unit Retail 3739/1000 Wholesale Trade 438/1000 Amusement 7005/1000 Conference 700/1000 * Office Campus conversion ratio used for conversion of other uses into data center. Ratios above should be read as sf of Data Center/ sf of Existing Use 1000/1000 DRAFT STANDING ITEM: DISCUSSION REGARDING COMPREHENSIVE PLAN RELATED ISSUES AND BOARD PROFESSIONAL DEVELOPMENT. Planning and Zoning Item # 4 – Back up material has not been provided for this item. Planning and Zoning Item # 5 – Adjournment Work Session Back up material has not been provided for this item.