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Ord 691 Amending Planned Development PD-1 by creating and setting Boundaries of three Planning Areas PD1-1, PD 1-2, PD 1-3ORDINANCE NO. 691 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE TOWN'S COMPREHENSIVE ZONING ORDINANCE NO. 200, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 1 ("PD1"), BY CREATING AND SETTING OUT THE BOUNDARIES OF THREE PLANNING AREAS WITHIN THE PD1 ZONING DISTRICT ("PD1 -1, PD1 -2, AND PD1 -3") UPON THE OFFICIAL ZONING MAP OF THE TOWN OF WESTLAKE, TEXAS; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 200 the Comprehensive Zoning Ordinance for the Town of Westlake, was amended by ordinance 588, and WHEREAS, the property included within PDI is now owned by multiple independent parties with differing development desires; and WHEREAS, the Town Council of the Town of Westlake is desirous of having the ability to amend "PD1" to approve changes in the Permitted Uses and regulations within portions of "PD1" without allowing those same Permitted Uses and regulations elsewhere within "PD1;" and WHEREAS, the creation of Planning Areas will provide the Town Council the ability to amend Permitted Uses and regulations within pre -defined Planning Areas without effecting the remaining portions of "PD1;" and WHEREAS, the Town Council of the Town of Westlake, after considering the recommendations of the Planning and Zoning Commission, made after holding of public hearings as provided by ordinance, and after issuing notices and affording every person whose property was affected or who had any interest in the matter a free and fair opportunity to be heard, finds that it will promote the public health, safety, morals and welfare of the present and future residents of Westlake to amend the "PD1" zoning district; NOW, THEREFORE', BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: PART I The recitals set forth above are hereby incorporated herein, adopted by the Town are declared to be true and correct, PART II That Ordinance No 200, the Comprehensive Zoning Ordinance of 1992, as amended, 1 is hereby amended by amending the Planned Development District No. 1 ("PD1 "), by amending ordinance 202 as amended by ordinance 588 to read as follows: Section 1. Planning Areas. The PDI Zoning District is hereby divided into three distinct planning areas. These planning areas are to be referred to as Planning Area 1 (PD1 -1), Planning Area 2 (PD1 -2), and Planning Area 3 (PD1 -3). The planning areas are described in Exhibits "PD1 -1", "PD1 -2", and "PD1 -3". Section 2. Principal Uses Permitted. No building, structure or premises shall be used other than for the following purposes, together with the ancillary and accessory uses specified in Section 3: A. Office buildings for business and professional use, including, but. not limited to, administrative, executive, engineering, accounting, scientific„ research and development, educational, marketing, information processing, computers, statistical and financial purposes, provided such use shall not involve any machinery or process which pollutes the environment, including without limitation those which emit dust, smoke, odor, fumes, noise, vibrations or the like; B. Educational facilities and temporary accommodations for employees, customers and visitors to such educational facilities; C. Hotel and conferencing facilities; D. Retail uses including but not limited to, medical and dental clinics, cafeterias, restaurants, travel agencies, banks and other financial institutions, hair salons, jewelry stores, child care centers, dry cleaners, and other uses permitted under the retail category of the Comprehensive Zoning Ordinance of 1992, as amended; E. Institutional and Governmental Uses; and F. Sports and health club. Section 3. Accessory Uses Permitted. No accessory uses shall be permitted in PDI other than buildings and uses accessory to a principal use, including, but not limited to, the following: A. off street parking and off street loading space as required; B. storage and maintenance facilities; C. utility services and facilities; D. gatehouses, bus stops, pedestrian shelters and any similar structures; V E. caretaker houses; F. signs, subject to illumination and other standards; G. obelisks; H. fire station, police station, or other security Section 4. Dimensional standards and requirements. The following dimensional standards and requirements shall apply: A. The minimum required lot area shall be five (5), with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition No. 1. which shall measure 1.722 Acres (before right-of-way dedication). Exception: Property containing existing buildings may be re -platted into lots of less than five acres. B. The maximum percent of PDI to be occupied by (i) principal use buildings shall be ten percent (10%) of the land area (as defined below), excluding court yards, atria, etc;. not enclosed within the buildings. Parking garages shall not be included in the calculation of density or site coverage. For these purposes PDI shall be deemed to have 436.077 acres of land area which is its original acreage before donations for roadways except for right of way within PDI donated for SH114. Planning Area 1 shall be deemed to be 251.757 acres. Planning Area 2 shall be deemed to be 92.08 acres. Planning area 3 shall be deemed to be 92.24 acres. C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition No. 1. shall be: 1. One hundred {100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solona Boulevard, for which building the setback shall be eighty (80) feet; 2. The minimum setback from State Highway 114 shall be two hundred (200) feet; 3. Five hundred (500) feet from any residentially zoned area for the area described in exhibit "A-1" and "A-2" ; 4. In accordance with Section 102-124(b)(2)(b) of the Zoning Ordinance contained in the Code of Ordinances for the property described in Exhibit 3 "A-1" and "A-2"; or 5. Otherwise setbacks shall be one hundred (100) feet for side yards. Setbacks shall be one hundred (100) feet for rear yards. Exception: Property containing existing buildings may be re -platted into lots with less than 100 feet of setbacks. D. Utility service facilities, playground restrooms and storerooms, bus sops, gate houses, signs and similar types of minor accessory structures, may be located in the required yard areas provided that the height and location of such structures shall be approved as part of a site plan or in the building permit process. Below grade parking structures may also be located in the yard areas subject to approval as part of a site plan. E. The maximum permitted building height for any principal or accessory building shall not exceed seven hundred and thirty five (735) feet mean sea level. F. Any lot within PDI may have more than one (1) principal use building on such lot. Section 5 Requirement of a Comprehensive Site Plan. Notwithstanding any provisions in the Zoning Section of the Code of Ordinances addressing the form of site plans, the comprehensive site plan for all the area covered by PD -1, which are attached hereto as Exhibits "B", "C", "D" and "E" (collectively, the "Site Plans" or individually a "Site Plan") are hereby reapproved by the Town of Westlake and declared to be in conformance with the Zoning Section of the Code of Ordinances. Any development within PD1 not materially in accordance with the Site Plans will require the submission and approval of a new PD site plan in accordance with the Zoning section of the Code of Ordinances for such new, additional or substantially changed development, provided in no event shall the site coverage by principal buildings be more than ten percent (10%) as set forth in Section 3B above. Section 6. Landscaping. Landscaping and irrigation of PDI shall be generally in accordance with building plans approved by the Town from time to time. Any material change in such landscaping and irrigation of PDI not in accordance with approved building plans shall be subject to the Town's applicable landscape ordinances and regulations. Section 7. Service road. The width of the service road providing access for trucks and rather deliveries to the back of the hotel and office building located at Seven Village Circle may be fifteen feet (15') in width, notwithstanding any contrary provision in ordinance No. 155. Section 8. Conformance with Town's Comprehensive Plan. Present C! development within PDI conforms to the requirements of the Town's Comprehensive Plan as adopted by Ordinance No. 199. Section 9. Approval of Existing Plat as Amended. The plat, as amended, for the Addition as referenced in Section 5 above is hereby unconditionally approved. Section 10. Comprehensive Zoning Ordinance. Except as amended by this ordinance, the Town's Comprehensive Zoning Ordinance of 1992, as amended, shall govern property zoned PD1. Section 11. The area depicted in the cross -hatched area on Exhibit "A-2" shall only be allowed the uses contained in the "O" Office zoning category of the Towns Comprehensive Zoning Ordinance as of March 10, 2008. PART III 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 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PART TV This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. PART V It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 5. rxnILIT -A' 1rILIIPTI0N OF I r.M PfOr-'r'T DES:11oT11Cw 6ein; a tract of Ism.] In tAe C, If.. Thrccr Survey, Abstract hr,. 1SI0. int U. P. Kartin Sur -No. -N. Abstract ko. 10159 the 7. W. koar, Survey, Abstract so. :10, %be 3. C_ Kart'n Survey, Awrart LA. 11.34. :utcl the W. Kedlin Survey, Abstract Kc I951, all lu;•;11111i In sorthern Tarrant Court), Texas. This t*act of lard t.wracis all of twose tracts of Ianu described In oetel w Inttrutiar,a 144sire%% Kacniees Gtr*pora,icra Bad recorded in YolLut 7376. 'age 17K`, Volume 7624, Page 203?, Yo'aw 7376, Page 1`79, volume 7,359, Page 1515, Volow 736;3, Page 116f✓, YoluuK 7362, I'agc 1'(64, and Wwat "7b, Pave :13:3, It irclwoes port: ons of those tracts of land cescribta in tJfttt:S to Jntt"TUMT,a1 Business Owichtnts corpora ion :tsui recorded In volume 7376, Page 17Et, Volusse 9376, Paje 1737, Volume 737£, Page 20x7, and vo'uwe 7t22. iagc ..57 (emtracts Tract I Au). All becCs ore rc4o-ded tc C.oun;r Rr_orCs, Tarrant -.Uuzsty, 7tsas. Said tract is more perticslarly descriDed is talIM: SEGIN41NG a( a stet' fente pest sct n cutitrcic in the southwest rittt-Of-wy of Statt Ki?^.ral; \qs. 114 at tlaghway station 56-2---37 sad being as aeplt point the right-of-way of State Nighway No l:a; TiENM S Un 32' 25' ', at 11E.54 feet Pass tie cunt: -line of Pevtaeril't kAd (Count' fioac His. 3DU). 3t 132.91 fart aces a h'. phrty te nonarw: at an so=le Min: in the r-ght-of-my of State wign.rer No ;lc, acrd ean,ir.jt an with the southwest right -of -»es of S.a:e tlivjrss;rN Nu ;ctrl distance of 2913-13 fat: to a 5/21' firer, pin Aith up a(amt)sd '.arttr i Burger set at cnt southeast corner o,' Tract Two as descr`.5e'd in Yo1wDe 7422, Page 2157; 'MENwt N Wim 29' 50" Y. at 110.1, fttt Base a S!V iron pin found send continue on a uta l distance of 907.77 fact tc 4 S!E' iror. per found by a fence p:wt at the nl[nt esstttrly ssr-t.xast earner of :ne tract described in VDIMt 7624, Page 2::=; TH,r,N:E S t3Co :7' 51- S'a 197.59 feet to a 5/E' iron pin found tjy a fence canner at the aCYtntt$t =rre1 Q` :1e tfaCt described in Yoli.Mt "It. -t , Page 2033: THtX:E S Uo 2.' t�:' r', 516.25 feet to a 1' 1rba Pin found in the easterly right-of-Aay of Prytorville Road, TgTot:£ N 11° 09' a.- w. wi.h the easterly rigtt-of-wry of Pfrtonyil r Road, 393-02 tttt u a 51E' i -or. pin with CAU s.IUPed 'Gluier 1 Bur set at the. snuth;eSt corner cf tae trstt oescriotd it Vo'.um# 73':, Page 1774: CI;E %~. 8d66A02 1E Es EX£IDI-- •�• Exhibit A-! i IV i•rZ'- Fri • \♦ \ Or kipt 1 f r��rcAr� ias ,i fU1L Y-�w � 0 �v trus tars-< s.w:rsnr � 1" 0 KAl" mm w1 Aswrma as. 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"_" P'Offi cv- lIE4!laMt TRACT PA I,Ar as ow rauo 4 poem G.�" O.DM-W Fame PA PART VI This Ordinance shall become effective immediately upon its passage and is ACCORDINGLY SO ORDAINED, PASSED AND APPROVED this 7th day of January, 2013. ATTEST: i U Kell Edw d ,Town Secretary APPROVE A T L. tantono , To ttorney 4'"Z" A, ku.,� LL ur�t, Mayor Tom Brymer, o n Manager on 7 E- 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Bill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 ORDINANCE Sales Misc Fee THE STATE County of TE I3580 1 Customer ID: TOW27 Invoice Number: 324022781 Invoice Bate: 1/10/2013 'Perms: Net due in 21 days Due Date: 1/31/2013 PO Number: Order Number: 32402278 Sales Rep: 043 Description: ORDINANCE NO. 6 Publication Dates: 1/9/2013 -1/10/2013 33 33 LINE $3.11 $204.98 ($125.88) $10.00 Net Amount: $89.10 CHRISTY LYNNE HOLLAND 4�= Notary Public, State of Texas s. :ted My commission Expires July 31, 2016 4rllp\ Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 ("N - t SUBSCRIBED AND SWORN TO BEFORE ME, Th Thank You For Your Payment --------------------------------------------- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 324022781 Invoice Amount: $89.10 PO Number: Amount Enclosed: m