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Ord 870 Approving a Concept Development Plan for Schwab Way TOWN OF WESTLAKE ORDINANCE NO. 870 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING ORDINANCE 769; AMENDING THE ZONING BY APPROVING A CONCEPT/DEVELOPMENT PLAN FOR SCHWAB WAY ON AN APPROXIMATELY 52.87-ACRE AREA OF PLANNED DEVELOPMENT DISTRICT 3,PLANNING AREA 5A(PD3-5A). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF JT OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. 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,in February 2016,the Town Council approved Ordinance 769 establishing the approximately 73.17-acre Planned Development District 3, Planning Area 5A (PD 3-5A) zoning district; and WHEREAS,because of the size,location,and natural features of Planned Development District 3, Planning Area 5A (PD 3-5A) and the Town's need for public infrastructure, amenities, and economic development, the Town has a critical interest in the development of Planned Development District 3, Planning Area 5A (PD 3-5A) and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner and developer of the properties located within the Planned Development District 3, Planning Area 5A (PD 3-5A) zoning district desires to construct roadway infrastructure that will serve both the Planned Development District 3, Planning Area 5A (PD 3-5A) and Planned Development District 3, Planning Area 5B (PD 3- 5B) zoning districts; and WHEREAS, construction of said roadway infrastructure in Planned Development District 3, Planning Area 5A (PD 3-5A) must be adequate to accommodate the traffic expected to be generated by the uses, densities and intensities of uses approved within, and adjacent to, Planned Development District 3, Planning Area 5A (PD 3-5A) and Planned Development District 3, Planning Area 5B (PD 3-5B) in a timely and efficient manner.; and WHEREAS,it is in the Town's interest that said roadway infrastructure comport to the recommendations and vision contained in the 2015 Forging Westlake Comprehensive Plan; and Ordinance 870 Page 1 of 6 WHEREAS,the Planning and Zoning Commission recommended to the Town Council approval of the roadway depicted in attached Exhibit A and B on October 15, 2018, subject to certain specific conditions; 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 October 29, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, 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 roadway location and design depicted in Exhibit A and B, 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 Ordinance 770 of the Town of Westlake, Texas, is hereby amended by this Ordinance amending Planned Development District 3, Planning Area 5A (PD 3-5A). SECTION 3: That the Town Council of the Town of Westlake, Texas does hereby approve the roadway location and design shown as shown in Exhibit A and B subject to the following conditions: 1. A four lane, divided concrete roadway, hereinafter referred to as "Schwab Way" shall be constructed as depicted on Exhibits A and B. Construction of Schwab Way shall be aligned and constructed as shown on Exhibits A and B within a 100' wide right of way to be dedicated to the Town of Westlake. Schwab Way right-of-way cross-sections shall be generally consistent with the cross-sections shown in Exhibit B. 2. Schwab Way shall be constructed in two phases as shown on Exhibit A. For the purpose of this ordinance, all phase one Schwab Way construction and improvements shall at a minimum include, and be consistent with, the improvements described in Master Roadway Construction Agreement approved by Resolution 17-28, Town Ordinances and the Comprehensive Plan. 3. Prior to the issuance of the notice to proceed for Schwab Way phase two,a development agreement shall be submitted and approved by the Town as required by the Code of Ordinances. 4. Schwab Way phase one improvements shall be completed not later than September 1, 2019, or before a final certificate of occupancy is issued for the site plan approved by Ordinance 870 Page 2 of 6 Ordinance 869, whichever occurs first. For the purpose of this ordinance, completion includes final approval by the Town Manager or designee and final acceptance by the Town of all required improvements included in Resolution 17-28. 5. Schwab Way phase two improvements shall be completed not later than June 1, 2021, or before a final certificate of occupancy is issued for the site approved by Ordinance 869, whichever occurs first. 6. Not later than the date of final acceptance of public improvements for phase two construction of Schwab Way, a preliminary site evaluation shall be submitted and approved and a final plat shall be submitted, approved and recorded. Said plats shall, at a minimum, include all right-of-way to be dedicated for Schwab Way including any adjacent required easements on common ownership property. Both plats may be considered simultaneously. 7. Sidewalks and/or trails shall be constructed on both sides of Schwab Way per the requirements of the Comprehensive Plan, Code of Ordinances and/or an approved concept plan, development plan and site plan. Said sidewalk/trail shall be constructed prior to the final acceptance of public improvements. 8. The design and placement of all roadway amenities, including landscaping, traffic control devices, streetlights, benches, signage (including wayfinding and entryway signage), enhanced concrete and/or pavers, etc. shall be generally consistent with the recommendations for said amenities contained in the Comprehensive Plan and the Code of Ordinances where applicable. 9. All lighting illumination shall be low intensity and shall generally comply with the outdoor lighting requirements contained in the Code of Ordinances. 10. Except as amended herein, Schwab Way, whether built in phases or in its entirety as one project, as well as any additional improvements constructed in PD3-5A shall comply with the recommendations of the Westlake Comprehensive Plan, The Code of Ordinances and any other applicable Planned Development District Ordinances. Where a conflict exists between the recommendations of the Comprehensive Plan and other existing codes and ordinances, the recommendations of the Comprehensive Plan shall apply. 11. In addressing traffic impacts and any mitigation thereof as identified in a Town approved traffic impact analysis, additional roadways may be constructed in this zoning district without further amendment to this ordinance upon the final approval of the Town Manager or their designee. 12. Pending the acquisition of right-of-way necessary to connect Schwab Way to Parrish Lane, Schwab Way Phase 2 shall terminate at J. T. Ottinger Road as part of the Schwab Way Phase Two improvements identified in Exhibit A. Ordinance 870 Page 3 of 6 13. The developer of Schwab Way shall improve J. T. Ottinger Road from the intersection of Schwab Way to the intersection of SH 170 such that traffic mitigation and movement is addressed and optimized. Improvements may include but are not limited to: additional pavement, resurfacing of existing pavement, addition of and/or alteration to, vehicle lanes and markings,traffic control devices,traffic safety islands, safety lighting, etc. Improvement details shall be included in the development agreement noted in this ordinance. 14. A street shall be constructed that connects Schwab Way to SH 170. Said street shall be generally located on the western portion of the Schwab Way with the final location to be included in the development agreement noted in this ordinance. 15. It is acknowledged that expansion of traffic capacity to the Trophy Lake Drive/Schwab Way bridge over SH 114 to include additional lanes (including U-turn lanes) and wider pedestrian and bike facilities shall not be solely at the expense of the Schwab Way developer. Coordination of planning and future funding any expansion shall be addressed in a regional manner and include the developer, surrounding communities, TxDOT, Denton County, etc. 16. The Town recognizes that J. T. Ottinger Road where it intersects with Schwab Way is not on the Comprehensive Plan Master Thoroughfare Plan and,as such,is not scheduled for any future capacity improvements. Therefore, in mitigating any future impacts related to increased traffic on J. T. Ottinger Road south of the intersection with Schwab Way, the Town may exercise additional measures including installation of traffic calming devices, reconfiguration of traffic lanes and intersections, prohibition of through traffic, restrictive turning movements on westbound Schwab Way where it intersects with J. T. Ottinger Road, and full or partial closure of J. T. Ottinger Road. Adoption of any of these measures shall require the approval of the Town Council. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation,and each separate act or condition in violation of this Chapter, shall constitute a separate offense. Ordinance 870 Page 4 of 6 SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 29TH DAY OCTOBER OF 2018. 7 ATTEST: Laura Wheat, Mayor .. • SI , /Y17/fri1 . Ai- Kelly Edw.4•s, Town Secretary homas E. Brym• Town anager ,/�OF wFS APPROV:r� S e ORM: • o <ym t.`�anton LF.,COr Attorney _ - 7'6(AS ',1/ �, Ordinance 870 Page 5 of 6 EXHIBITS EXHIBIT A ROADWAY CONCEPT/DEVELOPMENT PLAN EXHIBIT B ROADWAY CROSS-SECTIONS Ordinance 870 Page 6 of 6 Schwab Way Phase One Schwab Way Phase Two Concept/Development Plan Schwab Way 0 10’20’30’ GRAPHIC SCALE TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% 6" CURB 6" CURB PARKWAY 9’ 2.0%ROW2.0% 6" CURB 2.0% TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING MEDIAN 14’ TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% 6" CURB 6" CURB PARKWAY 9’ 2.0%ROW2.0% 6" CURB 2.0% TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING MEDIAN 34’ 6" CURB BACK OF CURB 15’ FROM BACK OF CURB 15’ FROM BIKE LANE 10’ BIKE LANE 10’ 6’ 6’ A SCHWAB WAY WITH FULL MEDIAN PROPOSED 100’ ROW B SCHWAB WAY WITH 2 LEFT TURN LANES PROPOSED 100’ ROW C 26’ SANITARY SEWER DRAIN STORM WATER LINE STREET SECTIONS SCHWAB WAY TRAVEL LANE 12’ TRAVEL LANE 12’ 2.0% PARKWAY 9’ 2.0%ROW2.0%2.0% TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROWDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING BACK OF CURB 15’ FROM BIKE LANE 10’ 6’ D SCHWAB WAY WITH 2 LEFT TURN LANES PROPOSED 100’ ROW CURB ROLLOVER CURB ROLLOVER MARKERS/BUTTONS REFLECTIVE RAISED DELINEATED WITH MEDIAN TO BE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS 26’ SANITARY SEWER DRAIN STORM WATER LINE ELECTRIC TELECOMMUNICATIONS GAS * UTILITY DEPTH NOT TO SCALE. A PART OF ANY CONCEPT OR DEVELOPMENT PLAN. THIS IS FOR EXHIBIT PURPOSES ONLY. THIS EXHIBIT IS NOT SCHWAB WAY WITH 2 LEFT TURN LANES & 1 RIGHT TURN LANE PROPOSED 100’ ROW 2.0% 6" CURB 6" CURB 2.0%ROW2.0% 6" CURB 2.0% TURN LANE 10’ TRAVEL LANE 12’ TRAVEL LANE 12’ PARKWAY 9’ ROW100’ ROW ROAD CENTER LINEDEVELOPMENT SCHWAB DEVELOPMENT PARTNERSHIP ROW 50’ FROM SETBACK LINEBUILDING SETBACK LINEBUILDING BACK OF CURB 15’ FROM 6’ MEDIAN 14’ TURN LANE 10’ 9’1’ TRAVEL LANE 12’ TRAVEL LANE 12’ BIKE LANE 10’ TURN LANE 10’ TURN LANE 10’ TURN LANE 10’CENTER LINEROAD MEDIAN 14’ 22’ 22’ 22’ 22’ DRAFT DATE: 5/11/2017 N G:\JOB\HWA17006_Partnership_Dev\Site\Exhibits\20170213_Street Sections\Schwab Way Sections Per Median Cut Exhibit With Utilities.sht NSCHWAB WAY - PHASE I PARTNERSHIP DEVELOPMENT SH 114STREET B (67’ ROW)STREET A (67’ ROW)STREET C (67’ ROW)STREET D (67’ ROW)STREET E (67’ ROW)BY OTHERS DEVELOPMENT 75’ B-B 100’ ROW SIGNALS EXISTING SIGNAL PROPOSED SCHWAB WAY SH 170 1.9 ACRES POD 7 HOTEL OFFICE/ 0 80’160’240’ GRAPHIC SCALE TURNAROUND TRANSITION & TEMPORARY ASPHALT COLORED CONCRETE RAMP STAMPED (STAMPED COLORED CONCRETE) RAISED PEDESTRIAN CROSSING COLORED CONCRETE CROSSWALK PAVERS/COLORED CONCRETE CROSSWALK PAVERS/ COLORED CONCRETE CROSSWALK PAVERS/ COLORED CONCRETE CROSSWALK PAVERS/ FUTURE DRIVE FUTURE DRIVE FUTURE DRIVE A PART OF ANY CONCEPT OR DEVELOPMENT PLAN. THIS IS FOR EXHIBIT PURPOSES ONLY. THIS EXHIBIT IS NOT 2.3 ACRES POD 5 ENTERTAINMENT OFFICE/ 1.7 ACRES POD 3 ENTERTAINMENT OFFICE/ 6.9 ACRES POD 1 RETAIL/HOTEL MIXED USED/OFFICE/ 1.4 ACRES POD 8 OFFICE 2.2 ACRES POD 6 ENTERTAINMENT OFFICE/RETAIL/ MIXED USE/ 1.4 ACRES POD 4 OPEN SPACE RETAIL/ OFFICE/ 6.1 ACRES POD 2 MIXED USED/OFFICE/RETAIL 3.0 ACRES OFFICE/RETAIL BRANCH CHARLES SCHWAB G:\JOB\HWA17006_Partnership_Dev\Site\Exhibits\20170317_SchwabWay\20170317_SchwabWay.dgnTEXAS 114 TEXAS 170 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.1 Ft Worth,Tx.76102.63151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 603646 0003931756 TOWN OF WESTLAKE ORDINANCE NO. 870 A ORD NO 870 J 5511.92 1 41.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 ROANOKE,TX 76262 Before me,a Notary Public in and for said County and State,this day personally appeared CHRISTINE TOWN OF WESTLAKE ORDINANCE NO. 870 LOPEZ,Bid and Legal Coordinator AN ORDINANCE OF THE TOWN OF published for the Star-Telegram, WESTLAKE AMENDING ORDI- by NANCE 769; AMENDING THE the Star-Telegram, Inc.at Fort Worth, ZONING BY APPROVING A g CONCEPT/DEVELOPMENT in Tarrant County,Texas;and who, PLAN FOR SCHWAB WAY ON AN APPROXIMATELY 52.87- after being duly sworn, did depose ACRE AREA OF PLANNED DE- VELOPMENT DISTRICT 3, and say that the attached clipping of PLANNING AREA 5A (PD3-5A). THE PROPERTY IS GENERALLY an advertisement was published in LOCATED OF STATE HIGHWAY 1770,TNORTH OF JT the above named paper on the listed OTTINGER ROAD, AND WEST dates: OF WESTLAKE PARKWAY. PROVIDING A PENALTY; PRO- VIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; 2 Insertion(s) AND ESTABLISHING AN EFFEC- TIVE DATE. SECTION 5: That any person, firm or corporation Published On: violating any of the provisions or terms of this ordinance shall November01,2018,November02, be subject to the same penalty as provided for in the Code of 2018 Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thou- sand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate of- fense. PASSED AND AP- PROVED ON THIS 29TH DAY OCTOBER OF 2018. _ TOWN OF WESTLAKE ORDINANCE NO. 870 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING ORDI- NANCE 769; AMENDING THE ZONING BY APPROVING A CONCEPT/DEVELOPMENT PLAN FOR SCHWAB WAY ON AN APPROXIMATELY 52.87- (Principal Clerk) ACRE AREA OF PLANNED DE- VELOPMENT DISTRICT 3, PLANNING AREA 5A (PD3-5A). SUBSCRIBED AND SWORN TO THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE BEFORE ME,THIS 5th day of HIGHWAY 170, NORTH OF JT OTTINGER ROAD, AND WEST November in the year of 2018 OF VVESTLAKE PARKWAY. PROVIDING A PENALTY; PRO- VIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO; . C VIDING A SAVINGS CLAUSE; __,�� ' AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFEC- TIVE DATE. SECTION 5: That Notary Pub - any person, firm or corporation violating any of the provisions or terms of this ordinance shall I be subject to the same penalty �RC..t�� as provided for in the Code of :`. "!t•. STEFANI SCOTT BEARD k My Notary ID#131768951 Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not Expires O22422 to exceed the sum of Two Thou- sand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate of- fense. PASSED AND AP- PROVED ON THIS 29TH DAY OCTOBER OF 2018.