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Ord 865 Amending Ordinance 202 Planned Development PD-1 Lots 3 and 4 Block 2 of the Westlake Soutlake Park Addition TOWN OF WESTLAKE ORDINANCE NO. 865 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A SITE PLAN AMENDMENT FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR 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 November 16, 1992 the Town Council of the Town of Westlake, Texas approved Ordinance 202 establishing the PD1 zoning district; and WHEREAS, Section 5 of Ordinance 202 states that "any development within PD1 not materially in accordance with the Site Plans [adopted by Ordinance 202] will require the submission and approval of a new comprehensive site plan for such additional or substantially changed development..."; and WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of a concept plan shall be deemed satisfied by the Site Plans.; and WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site plan amendment to allow for two additional buildings; and WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas approved Ordinance 588, which amended Ordinance 202 and approved various amendments to development provisions; and WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into three separate planning areas known as PD1-1, PD1-2 and PD 1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site plan amendment; and Ordinance 865 Page 1 of 4 WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767, which amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 774, which further amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, the property owner has an submitted application seeking to amend Ordinance 202 in order to approve a comprehensive site plan amendment to construct additional surface parking on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD1-1 zoning district and 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 September 24, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on September 17, 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 the comprehensive site plan amendment be approved. 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 found to be true and correct. SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be amended by approving a comprehensive site plan amendment on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One as depicted on Exhibit A and Exhibit B subject to the following conditions: 1. Variances to Section 98-102(C) and 98-106(C)2 in the Code of Ordinances, as shown in Exhibit B, are hereby approved subject to: a. All Red Oaks, Live Oaks and Pine trees shown on the landscape plan shall be planted with a minimum caliper width of 6 inches as measured a minimum of 4 feet above the surrounding grade. Ordinance 865 Page 2 of 4 b. All protected trees removed shall require mitigation per the requirements of Chapter 98. c. Notwithstanding the above provisions, all landscaping shall, at a minimum, comply with the submitted landscape plan and the Code of Ordinances. 2. Proposed lighting is approved subject to: a) All lighting shall, at a minimum, comply with the outdoor lighting provisions contained in Chapter 102 of the Code of Ordinances. b) Illumination levels for each individual fixture shall not exceed the current average illumination levels of existing outdoor lighting in the development. c) Light temperature shall not exceed 3,000 Kelvin. d) Lighting poles shall not exceed 15 feet in height. e) Lighting fixtures utilized in the central plaza area shall be either the SC1 fixtures as shown on the photometric plan or lit bollards similar to the bollard lights utilized in The Terrace. f) Prior to issuance of the building permit, a final photometric plan shall be submitted demonstrating compliance with these conditions and shall require the final approval of the Town Manager or their designee. 3. All parking lot surfaces shall be composed of brick pavers and shall match the existing pavers in the development. 4. Future driveway construction and access to the easternmost parking lot from the future SH 114 service road shall utilize the shortest possible route such that the least amount of trees are removed. Final alignment and driveway access shall require the final approval of the Town Manager or their designee. 5. Pending final determinations of any encroachments into the 100 year flood plain and/or waters of the United States, prior to the issuance of the building permit, the westernmost parking additions shall require further engineering studies and approvals if required by the Town Engineer. 6. A public art feature shall be placed in the central plaza area as noted on the site plan. The final public art piece shall require the approval of the public art competition committee. 7. The additional parking spaces (35 total) proposed on the southern portion of the central plaza area closest to the Marriott Solana Hotel, labeled as "Prop. Parking brick pavers (35 spaces)" on Sheet C101 of Exhibit B, are hereby omitted from this site plan amendment. Any future constriction of said parking spaces shall require additional approval of a site plan amendment. Ordinance 865 Page 3 of 4 SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: 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. SECTION 5: 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. 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 24th DAY OF SEPTEMBER 2018. ATTEST: Laura heat, Mayor Kell Edw ti s, Town Secretary , 'i'#•.. Thomas E. Brymer, own Manager APPROV' s AS v ORM: • gym AI PP Air • /,`. • tanton •wn Attorney T�-,.. T XA S E Hwy ft0l: .izr✓ Ordinance 865 Page 4 of 4 P D 1—1 Subject ProperƟes “The Plaza” LocaƟon Map T H E T E R R A C E T H E V I S T A Ordinance 865 Ordinance 865 D N U P DNUP SOLANA BLVD (R -O -W VAR IES )STATE HIGHWAY 114 ENTRANCE RAMP(R-O-W VARIES)SOLANA BLVD (R -O -W VAR IES )SAM SCHOOL ROAD(70' R-O-W)D N U P DNUP SOLANA B LVD (R -O -W VAR IES )STATE HIGHWAY 114 ENTRANCE RAMP(R-O-W VARIES)SOLANA BLVD (R -O -W VAR IES )SAM SCHOOL ROAD(70' R-O-W)INST. NO. D216001903P.R.T.C.T.LOT 3BLOCK 212.718 ACRES(554,000 SQ. FT.)INST. NO. D216001903P.R.T.C.T. = 76°03'05"R = 90.00'L = 119.46'CB = S 78°43'03" ECD = 110.88' = 01°05'21"R = 2928.00'L = 55.66'CB = N63°48'04"ECD = 55.66'CD = 359.18'CB = S 46°13'46" EL = 359.24'R = 5709.58' = 03°36'18" = 07°20'24"R = 974.93'L = 124.90'CB = S 44°21'44" ECD = 124.81'CD = 404.36'CB = N 32°04'17" WL = 406.45'R = 1155.00' = 20°09'45"CD = 333.77'CB = N 67°36'48" EL = 333.95'R = 2928.00'= 06°32'05"INST. NO. D216001903P.R.T.C.T.7.711 ACRES(335,904 SQ. FT.)PARK ADDITION No. 1VOLUME 388-214,PAGES 78 & 79P.R.T.C.T.OVERALL SITE PLANDRAWN BY:DATE:DESIGNED BY:CHECKED BY:PROJ. NO.:SHEET:R308252.0208/29/2018DATEREVISIONNO. THE PLAZA AT SOLANA HZIHZIHZI1 SITE PLAN SUBMITTAL 08/29/18 Ordinance 865 D N U P DNUP SOLANA BLVD (R -O -W VAR IES )STATE HIGHWAY 114 ENTRANCE RAMP(R-O-W VARIES)SOLANA BLVD (R -O -W VAR IES )SAM SCHOOL ROAD(70' R-O-W)D N U P DNUP SOLANA BLVD (R -O -W VAR IES )STATE HIGHWAY 114 ENTRANCE RAMP(R-O-W VARIES)SOLANA BLVD (R -O -W VAR IES )SAM SCHOOL ROAD(70' R-O-W)DRAINAGE PLANDRAWN BY:DATE:DESIGNED BY:CHECKED BY:PROJ. NO.:SHEET:R308252.0208/29/2018DATEREVISIONNO. THE PLAZA AT SOLANA HZIHZIHZI1 SITE PLAN SUBMITTAL 08/29/18 Ordinance 865 DNUPDNUPOFFICEBLDG 1EXISTPARKINGOFFICEBLDG 2SOLANA BLVDSTATE HIGHWAY 114 ENTRANCE RAMP3211 Internet BlvdSuite 220Frisco, TX 75034P 214.619.0700WGI ®West Lake, Texas1301 Solana Blvd.DRAWING NO.DRAWING TITLEDESCRIPTIONPROJECT MGR.DATEDESIGN ENG.DRAWN BYThe Drawings are the property of CarlWalker, Inc. and are not to be reused orreproduced without written permissionfrom Carl Walker, Inc.PROJECT NO.23169263.02GAW.MLL..ISSUED FORDATE08-29-2018P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N Texas Registered Engineering Firm F-15085SITE PLAN SUBMITTALPlaza at SolanaOWNER:HMC Solana,LLCTHIS DOCUMENT WASPRODUCED UNDER THEAUTHORITY OF FABIOSERRATO, P.E. 122670 ON08-29-2018 AND IS RELEASEDAS A CONCEPTUAL DESIGNFOR NEW PARKINGIMPROVEMENTS. THISDOCUMENT IS NOT TO BEUSED FOR BIDDING, PERMITAND CONSTRUCTIONPURPOSES.N O R T H1SITE PLAN - PARKING LAYOUTSITE PLAN -PARKING LAYOUTAP101Ordinance 865 OFFICEBLDG 1EXISTPARKINGUPDN223273211 Internet BlvdSuite 220Frisco, TX 75034P 214.619.0700WGI ®West Lake, Texas1301 Solana Blvd.DRAWING NO.DRAWING TITLEDESCRIPTIONPROJECT MGR.DATEDESIGN ENG.DRAWN BYThe Drawings are the property of CarlWalker, Inc. and are not to be reused orreproduced without written permissionfrom Carl Walker, Inc.PROJECT NO.23169263.02GAW.MLL..ISSUED FORDATE08-29-2018P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N Texas Registered Engineering Firm F-15085SITE PLAN SUBMITTALPlaza at SolanaOWNER:HMC Solana,LLCTHIS DOCUMENT WASPRODUCED UNDER THEAUTHORITY OF FABIOSERRATO, P.E. 122670 ON08-29-2018 AND IS RELEASEDAS A CONCEPTUAL DESIGNFOR NEW PARKINGIMPROVEMENTS. THISDOCUMENT IS NOT TO BEUSED FOR BIDDING, PERMITAND CONSTRUCTIONPURPOSES.N O R T H1EAST LOT PARKING LAYOUT PLANEAST LOT PARKINGLAYOUT PLANAP102SHEET LEGEND#NOTE: THE CONCEPTUAL PARKING IMPROVEMENTLAYOUTS SHOWN ON THIS DRAWING ARE PROVIDEDAS AN EXHIBIT TO A SITE PLAN SUBMITTAL PACKAGEDEVELOPED BY OTHERS. THE PURPOSE OF THESECONCEPTUAL PARKING IMPROVEMENTS IS TO SHOWTHE LOCATION OF NEW PARKING LOTS, GENERALPARKING LAYOUT AND PRELIMINARY NUMBER OFPARKING SPACES. PLEASE REFER TO SITE PLANSUBMITTAL DRAWINGS FOR ADDITIONALINFORMATION REGARDING THE PROPOSED SITEIMPROVEMENTS.Ordinance 865 UPDNUPVEHICLEACCESS RAMP9% SLOPE8661410DNUPVEHICLEACCESS RAMP14661010103211 Internet BlvdSuite 220Frisco, TX 75034P 214.619.0700WGI ®West Lake, Texas1301 Solana Blvd.DRAWING NO.DRAWING TITLEDESCRIPTIONPROJECT MGR.DATEDESIGN ENG.DRAWN BYThe Drawings are the property of CarlWalker, Inc. and are not to be reused orreproduced without written permissionfrom Carl Walker, Inc.PROJECT NO.23169263.02GAW.MLL..ISSUED FORDATE08-29-2018P R E L I M I N A R Y - N O T F O R C O N S T R U C T I O N Texas Registered Engineering Firm F-15085SITE PLAN SUBMITTALPlaza at SolanaOWNER:HMC Solana,LLCTHIS DOCUMENT WASPRODUCED UNDER THEAUTHORITY OF FABIOSERRATO, P.E. 122670 ON08-29-2018 AND IS RELEASEDAS A CONCEPTUAL DESIGNFOR NEW PARKINGIMPROVEMENTS. THISDOCUMENT IS NOT TO BEUSED FOR BIDDING, PERMITAND CONSTRUCTIONPURPOSES.N O R T H1WEST LOT 4A PARKING LAYOUT PLANN O R T H2WEST LOT 4B PARKING LAYOUT PLANWEST LOT 4A & 4BPARKING LAYOUTPLANAP103SHEET LEGENDNOTE: THE CONCEPTUAL PARKING IMPROVEMENTLAYOUTS SHOWN ON THIS DRAWING ARE PROVIDEDAS AN EXHIBIT TO A SITE PLAN SUBMITTAL PACKAGEDEVELOPED BY OTHERS. THE PURPOSE OF THESECONCEPTUAL PARKING IMPROVEMENTS IS TO SHOWTHE LOCATION OF NEW PARKING LOTS, GENERALPARKING LAYOUT AND PRELIMINARY NUMBER OFPARKING SPACES. PLEASE REFER TO SITE PLANSUBMITTAL DRAWINGS FOR ADDITIONALINFORMATION REGARDING THE PROPOSED SITEIMPROVEMENTS.#Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 Ordinance 865 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 it Ad Number Identification PO I Amount Cols Depth 603646 0003872618 TOWN OF WESTLAKE ORDINANCE NO.865 At ORD NO 865 $366.48 1 29.00 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 762627940said County and State.this day TOWN OF WESTLAKE TOWN OF WESTLAKE ORDINANCE NO.865 personally appeared CHRISTINE ORDINANCE NO.865 AN ORDINANCE AMENDING ORDI- LOPEZ, Bid and Leg al Coordinator AN ORDINANCE AMENDING ORDI- PROVINGANCE 202, A SITE PLAN AMEND-ED; AP- NANCE 202, AS AMENDED; AP- MENT FOR LOTS 3 AND 4, for the Star-Telegram, published by PROVING A SITE PLAN AMEND- BLOCK 2, WESTLAKE/ the Star-Telegram, Inc. at Fort Worth. MENT FOR LOTS AND 4, BLOCK 2, WESTLAKE/ SOUTHLAKE PARK ADDITION SOUTHLAKE PARK ADDITION NUMBER ONE;PROVIDING FOR in Tarrant County,Texas;and who. NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE;PRO after beln dul sworn. did de pose A SEVERABILITY CLAUSE;PRO- VIDING FOR A SAVINGS g y p VIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A and say that the attached clipping of CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PRO- PENALTY CLAUSE; AND PRO- VIDING FOR AN EFFECTIVE an advertisement was published in VIDING FOR AN EFFECTIVE DATE.SECTION 5: It shall DATE. SECTION 5: It shall be unlawful for any person to vi- the above named paper on the listed be unlawful for any person to vi- olate any provision of this Ordi- olate any provision of this Ordi- nance,and any person violating nance, and any person violating or failing to comply with any or failing to comply with any provision hereof shall be fined, provision hereof shall be fined, upon conviction, in an amount upon conviction, in an amount not more than Two Thousand not more than Two Thousand Dollars($2,000) and a separate Dollars ($2,000) and a separate offense shall be deemed corn- 2 Insertion(s) offense shall be deemed com- mitted each day during or on mitted each day during or on which a violation occurs or con- which a violation occurs or con- tinues. PASSED AND AP- Published On. PnOV PA HAND AP- PROVED ON THIS 24th DAY OF SEPTEMBER 2018. SEED THISD S 24th DAY OF SEPTEMBER 2018. September 27,2018,September 28,2018 I.l+ Q�a/r;C..t r._. _. ..:j_—_____BAVLOr' Rk JEA II L*• % Public,State of Texas ✓Notary 29-2019\,_ 1 _ Comm.Expires 10 t -;;4;E0Ft4*-''' Notary ID 130A234a-_2 _. I f'----� \*'4— rj io ..- -"----C25"-lPC----)1S (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME. THIS 2nd day of October in the year of 2018 t Notary Public-Deborah Bay or