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Ord 854 Approving a Site Plan for PD1-2 Entrada Plaza MayorTOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PLANNED DEVELOPMENT DISTRICT (PD) SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1 -2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD 1-2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in "Exhibit A", 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 the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached "Exhibit A" and located in PD 1-2 which is an approximately 85 -acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard, The PD Site Plan shown on attached Exhibit A is approved subject to the Ordinance 854 Page 1 of 6 following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) All building elevations shown on this PD Site Plan include the requirement that structures meet all aspects of the Entrada Design Guidelines established by Ordinance 703 and Ordinance 760. d) Town Staff will review and approve an exterior stone wall mockup and exterior wall stucco mockup to ensure compliance with the approved Entrada Design Guidelines (Ordinance 760) prior to the issuance of building permits. Plans for building construction shall include reference approved mock ups or already established buildings. A mock-up that includes all building materials for each building must be approved by the Town Manager or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. e) If, at any time, there is a conflict between the approved Entrada Design Guidelines, PD Site Plan, and vertical construction drawings, the Design Guidelines shall be controlling. f) Where building walls face the street, particularly at intersections, the Town may require wall mounted, ceramic tile street name signs as shown in the approved Design Guidelines in the interest of space and/or aesthetics. g) The individual building elevations are approved conceptually, subject to compliance with Entrada Design Guidelines to be shown in detail on construction plans that are to be submitted when applying for a building permit. h) The individual lots shown on this PD Site Plan are approved conceptually, and must be reflected on an approved replat prior to the issuance of any building permits for vertical construction. i) Construction drawings submitted along with an application for a building permit will be reviewed for detailed compliance with the Entrada Design Guidelines and compliance with the approved PD Site Plan as well as other PD ordinance regulations, the Code of Ordinances, the UDC, and the International Code Council (ICC) construction codes. j) The AC Hotel and the LQ Hotel as depicted on the PD Site Plan of the Entrada Plaza Mayor shall contain a minimum of 10% ground floor retail and/or restaurant area that has direct access to and from the plaza. Placement and size of this area within the hotel will be adequately determined before the issuance of building permits. k) The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. Ordinance 854 Page 2 of 6 1) The landscape plan must be resubmitted before the issuance of building permits on the Entrada Plaza Mayor. The resubmitted landscape plan must be approved by the Town Manger or designee(s) before the issuance of building permits for this site. The landscape plan must depict, at a minimum, the following changes: a. The landscape berm at the entrance to the Entrada Plaza Mayor must be removed and replaced with stairs that, due to the grade difference, follow the cross slope, thereby making the whole edge open and accessible to the Entrada Plaza Mayor. Bollards must be shown on the plat that separates vehicular traffic from pedestrian traffic at the entrance to the plaza. b. The plaza surface material shall be comprised of cut stone to emulate the same style of stone and colors that can be found on the Entrada Plaza Mayor Salamanca's surface. The stone color and pattern must be approved by the Town Manager or designee(s) and must adhere to the Entrada Design Guidelines (Ordinance 760). c. The developer shall increase the size of the two (2) public art locations identified in the landscaping plan to create more interaction with the plaza. Public Art in the Entrada Plaza Mayor, whether temporary or permanent, must be appropriate in shape, size and pedestrian scale of the Entrada Plaza Mayor. m) A Public Art plan for the Entrada Plaza Mayor must be submitted to the Town before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. A public art competition may be held for this site if deemed appropriate by the Town Manger or his designee(s) or the Westlake Public Art Competition Advisory Committee. n) The applicant must submit a revised outdoor lighting plan with photometric study before the issuance of building permits for the Entrada Plaza Mayor. The lighting plan and photometric study must include the following details: a. Renderings that show the interior of the plaza being lit at night from the lighting that is affixed to the building facades, plaza arcade, and lighting that is on the plaza surface b. Lighting fixtures and emittance from building fagade c. Lighting fixtures and emittance from the plaza interior d. Lighting fixtures and emittance that can be found in the plaza arcades e. Lumens for each lighting fixture f. Color temperature for each lighting fixture g. Type of fixture (LPS, HPS, LED, Halogen, Fluorescent, etc...) o) All Entrada Plaza Mayor color temperature for lighting must not exceed 3000 Kelvins. All lighting on the Entrada Plaza Mayor must conform to the dark sky requirements of the Town's Code of Ordinances as found in Chapter 102. p) All lighting fixtures must be submitted to the Town approved by the Town Manger or designee(s) before issuance of a building permit for any one building the Entrada Plaza Mayor. Lighting fixtures that are located on the plaza surface shall include electrical outlets for future use. q) A shared parking agreement with adjacent properties must be in effect before the issuance of a Certificate of Occupancy for anyone building in the Entrada Plaza Mayor. Ordinance 854 Page 3 of 6 r) A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Fagade Signage b. Monument Signage c. Wayfinding Signage s) All structures of the Entrada Plaza Mayor (Hotels, Condominium, and Garages) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. t) A Plaza Event plan for the Entrada Plaza Mayor must be submitted to the Town and approved by the Town Manager or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. u) Water, sanitary sewer, electrical, duct bank and other appropriate utility services must be extended into the interior of plaza to account for future uses. Locations of these utilities must be approved by the Town Manger or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. v) The Entrada Plaza Mayor shall contain, but not limited to, amenities for public use such as the following: outdoor seating and/or benches, bike racks, waste receptacles, public art, cafe seating and tables, wayfinding signage, and Wi-Fi access to the public. All designs must be approved by the Town Manger or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. w) The Entrada Plaza Mayor must, at all times, be accessible to the Public. A replat for the Plaza Mayor must be submitted that depicts the plaza as a dedicated open space for public use and must show all other public easements to be dedicated within the Entrada Plaza Mayor. The plaza will be privately maintained by the HOA of Entrada. SECTION 3: 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 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. Ordinance 854 Page 4 of 6 SECTION 5: 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) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 21sT DAY OF MAY 2018. ATTEST: Kekly Edw s, Town Secretary La Wheat, Mayor homas E. r , T wn Manager APPRO D AS T(k'O o. 4A tanton L �,�, ovyn-Attorney" �G' TE'*_,.. Ordinance 854 Page 5 of 6 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Star-Telegram " MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PC) 1 Amount Cols Depth 603646 0003877875 TOWN OF WESTLAKE ORDINANCE NO. 854 A $464.80 1 40.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me, a Notary Public in and for ROANOKE,TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, 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: — TOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINI. AKEE DEXAS TAPPRN OVF ING A PLANNED DEVELOPE 2 Insertion(s) PLAN DISTRICT PORTION OF PLANNED DEVELOPMENT SDIS Published On: TRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY OR- May 23,2018,May 24,2018 DINANCE 703 FOR THE PROP- ERTY GENERALLY LOCATED 14 ON EAESOU OFTDAVIIS, AND H NORTSIDE OF HY H ': OF SOLANA BOULEVARD,,s COMMONLY KNOWN WESKE ADPROV D- VIDING TLAA PENALTY;ENTR ING A CUMULATIVE SEVERABIL TY , PROVIDING A CLAUSE; PROVIDAUTHORIZANG ` INGS CLAUNE; AND ESTAB- L SHINGTAN EFFECTIVE DATE. 1.SECTION 5: Any person,firm or i corporation violating any of the provisions or terms of this ordi- e nance hll be as p olect vided forlin I same penalty the Code of stlake, and(upon Town of Westlake, untshable (Principal Clerk) conviction shall be D ch civ a fine not to exceed the Dollars I of Two Thousand ($2,000.00) for each, offense. SUBSCRIBED AND SWORN TO Each day that a violation is per- mitted to exist shall constitute BEFORE ME,THIS 25th day of IAND APPROVED ON THIS 21ST May in the year of 2018 DAY OF MAY 2018. Notary Public-Deborah Bay or �o"py'i''/, DEBORAH JEAN BAYLOR i: ?-6:Notary Public, State of Texas . 'Q ;'''14:,;.;', ,. ; Comm. Expires 10-29-2019 ., Notary ID 13042344-2