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Ord 588 Amending Ordinance 202 Planned Development PD-1 SolanaTOWN OF WESTLAKE ORDINANCE NO. 588 AN ORDINANCE AMENDING ORDINANCE 202, WHICH CREATED THE ZONING DISTRICT "PD -1" AS AMENDED BY ORDINANCE 202-01 ON NOVEMBER 13, 2000; AMENDING SECTIONS 3, 4, AND 5, DELETING SECTION 8 AND RENUMBERING SECTION 5 AS SECTION 4, SECTION 6 AS SECTION 5, SECTION 7 AS SECTION 6, SECTION 9 AS SECTION 7, SECTION 10 AS SECTION 8, AND SECTION 11 AS SECTION 9. PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on November 16, 1992, based upon the recommendation of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Comprehensive Zoning Ordinance with Ordinance 202, creating "PD -1 ", and WHEREAS, on November 13, 2000, based on the recommendation of the Planning and Zoning Commission, the Board of Alderman of the Town of Westlake, Texas amended Ordinance 202, and WHEREAS, an analysis of the Town's codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on February 28, 2008, the Planning and Zoning Commission of the Town of Westlake has recommended that Ordinance 202 as amended be revised in accordance with the procedures and processes established in the Code of Ordinances for the Town; and NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 ("PD -1 "), as amended, of the Town of Westlake, Texas be amended by amending the first paragraph of Park II as follows: Page 1 S:1Town Secretary\Ordinances120081Ord. 588 Amend -Ord 202 3-10-08.doc That Ordinance No. 200, the Comprehensive Zoning Ordinance of 1992, is hereby amended, as envisioned by such ordinance, by adding Plan Development District number 1 ("PD -l") within the property described in Exhibits "A", "A-1", and "A-2", attached hereto and incorporated herein by reference for all purposes, to the Comprehensive Zoning Ordinance. PD -1 will be subject to the following zoning provisions. SECTION 3: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection B as follows: 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 PD1 shall be deemed to have 436.077 acres of land area which is its original acreage, plus the additional acreage added by this amendment, before donations for roadways except for right of way within PD1 donated for S.H. 114. SECTION 4: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection C as follows: C. Except as set forth in Exhibit B, the minimum size of any front, side or rear yard for principal and accessory use buildings shall be: 1. One hundred (100) feet from any public road, street or highway, except the minimum setback from State Highway 114 shall be two hundred (200) feet; 2. Five hundred (500) feet from any residentially zoned area for the property described in Exhibit "A"; 3. in accordance with Section 102-124(b)(2)(b) of the Code of Ordinances for the property described in Exhibit "A -I" and "A-2"; or 4. Otherwise, setbacks shall be one hundred (100) feet for side yards, and one hundred (100) feet for rear yards. SECTION 5 : That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by amending Section 3, Subsection E as follows: E. The maximum permitted building height for any principal or accessory building should not exceed seven hundred and thirty five (735) feet above mean sea level. Page 2 S:\Town Secretary\Ordinances12 Mord. 588 Amend -Ord 202 3-10-08.doc.docx E. The maximum permitted building height for any principal or accessory building should not exceed seven hundred and thirty rive (735) feet above mean sea level. SECTION 6: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering and amending Section 5 as follows: Section 4. Requirement of a Comprehensive Site Plan. Notwithstanding any provision in the Zoning section of the Code of Ordinances addressing the form of site pians, the comprehensive site plans for certain of the areas covered by PDA, which are attached hereto as Exhibit "B" 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 PD -1 not materially in accordance with the Existing Site Plans will require the submission and approval of a new PD site plan in accordance with Section 102-268 of 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 3E above. SECTION 7: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 6 of Ordinance 202 ("PD -1 ") as Section 5. SECTION 8: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 7 of Ordinance 202 ("PD -1") as Section 6. SECTION 9: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by deleting Section 8. SECTION 10: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 9 of Ordinance 202 ("PD -1") as Section 7. SECTION 11: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 10 of Ordinance 202 ("PD -1") as Section 8. SECTION 12: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by renumbering Section 11 of Ordinance 202 ("PD -1 ") as Section 9. SECTION 13: That Ordinance 202 (PD -1), as amended, of the Town of Westlake, Texas be amended by creating a new section 10 which shall read as follows: Office Use Only sub -area. The area depicted in the cross -hatched area on attached Exhibit "A-2" shall only be allowed the uses contained in the "O" Office zoning category of the Town's Comprehensive Zoning Ordinance as of March 10, 2008. SECTION 14: 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 Page 3 validity of the remaining portions of this ordinance, and the Board of Aldermen 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 15: 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 16: 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 17: This Ordinance shall became effective upon its passage by the Board of Aldermen. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 10' DAY OF MARCH, 2008. Scott Bradley, f4ayor ATTEST: i TRMC, Town Secretary (---Toe C. Het'�' hie -rim. To�lg�nage—r Page 4 SATown Secretary\Ordinances120081ord. 588 Amend -Ord 202 3-10-08.doc EXHIBIT 'A' DESCRIPTION OF LAND, PROPIRTY USCRIPTION beinS a tract of land In the t. K. Throop Survey, Abstract No. 1510. tnt U. P. Martin Survey, Abstract kc. ME. the 7. i�. Nann Survey, Abstract No. 1107, the 3. B. Martin Survey, Abstract Lo. 12.34, and the W. Medlin Survey, Abstract No. 1958. all located In northern Tarrant Count, lexes. This tract of land embraces all of those tracts of land described In deeds to Internetional business Machines Coraoraticm and recorded in Volume 7376, Page 1792, Volume 7624, Page 2033. Volume 7376, Page 1779, Volume 7359, Page 1579, Volume 7362, Page 11U, Volume 7362, Page 1164, and Volume 7376, Pace 2073. It includes portions of those tracts of land described In deeds to International Business Machines Carpora t i on and recorded In Vol mm 7376, Page 1765, Vol made 9376, Page 1737, Volume 7376, Page 2067, and Volume 7422, Page 2157 (embraces 'Tract Tmo). All deeds are recorded in County Records, Tarrant County, Texas. Said tract is Mort particularly descrioed as follows: BEGINNING at a stet' fence Most set in contretc in the southwest right -of -may of Statt highway No. 114 at highway station 56+23.87 and being an angle ,point in the right-of-way of State Highway No. 114; THENCE 5 360 32, 25" E, at 11E.54 feet pass the centerline of Peyt€snvi 1 l e Road (County Road Ns. 3W), at 232.93 feet pass a highway Monument at an angle point in the right -of -my of State Highway No. 114, and continue on with the Southwest right-of-way of State Hig4n ay No, 114, a total distance of 2913.13 feet to a 5/E" iron pin with cap stamptd 'Carter i Burgess' set at tnt soirtheast corner of Tract Two as describtd in Volume 7422, Page 2157; THENCE it BE' 29` 50" W. at 110.41 fttt pass a Sib' iron pin found and continue on a total distance of 907.77 fact to a 5A81' iron pin found by a fence past at the most easterly northeast corner of the tract described in Volume 7624, Page 2033; THEN -6E S DC* 7- 58` W, 197.59 feet to a 548" iron pin found by a fence corner at the southeeSt corner of :ne tract described in Volume 7824, Page 2033; THENCE S 85° 22' 05` W. 518.25 feet to a h" 'Iron pin found in the easterly right-of-way of Peytonvi l l e Road; TH'EN:E Ir 15° 09' 01' W. with the easterly right -of -.ray of Peytonville Road, 393.02 fttt to it 518' iron pin with cap stamped 'Carter i Burgess`' set at the southwest corner of the tract des cri bed in Volume 737E. Page 1779; C&B No. 8466402 7115/1°5 EXHIBIT 'A' TK-:N,s 5 8E` 45' 45" 1+, at 21.53 fee: gess a 609 nail found in the centerline of Peytonville i0at, at 52.25 fee: piss the westerly rigni-of-.ray of Peytonvllle Road. and can:irue on a natal cis_ance of 239.33 ftct to a 318 inch iron pin in concrete found by a fence post to the south line o` a tract aescriaed in Volume +737E, Page 2087; T< -NCE 5 80" 33' 4E" W. 1 ,456.76 fret to a fence comtt a the south- west cDrner of the tract aescriDed in Volume 7374, Page 2087; THENCE N 00" 47' 24" E, 460.91 feet to a 5/8 inch item pin with cap staemm,d "Carter 4 Burgess" set by a fence cost at the southeast corner of the tract described in Volum 3376, Page 2043 and from wnict a one inn pipe found been. N DO' 47' 24" E. 2.21. ftet; "THENCE N 89" 57' 44" V, 1,774.98 feet tv a 5/8 inch iron pin with cta stamped "Garter i burpess" se-.; THENCE North, 1,882.23 feet U a 5/8 inch iron pin with cap stamped "Garter & burgess" se THENCE N 520 00' 00" E. 1,000.00 feet to a 5/8 inch i rm pin with cap stamped "Garter 6 burgess" set; YCKE East, 2,141.45 feet to a 5/8 inch iron vin with car s termed "Garter 4 Burgess" se:, said Fin being in the aforementioned southwest ricn;- of-way line of State Iii chway No. 114; THENCE 5 36" 32' 25" E atone said richt-of-way line 95C.14 feet to t h e POIN7 OF 67-ONNINE, containing 255.930 acres of land. 4'iA Q 4 491 0 Lt 4 ov Ck WLLMW N. Pu !=Lwwmwvyl AMTF.4--r M..146 Na.y' Ai1TRAC7 1040 DLWm C*' 0 91 A PARTNERS — 00 MWAl SOLANA LAND, LP..,' 4F WN AUKIARS /pqm Gl§W VOWMIE 16858 PAGE 17 1 Ile, IL Wmm Kam AMSTRACT No. IBM TARMff C� ISL LOT Z ALOOK I PAJW AWItON Na I WOLLAW W-214, PACES 78 A 79 16 P.k T. r- T. 0 TRAOT M 710) ROD FOUND NUNPE� cAr c' hi Tkewr illi m Ak'917ACT N. =0 im" NMI W.WVEY AWrXAcY Me. 742 IARXkW c— AMErMa Fit. 62o WWoW G. 1;v Z" RMON GF. �2DLM by_ Dam Lk"T" Avwoigk Buns am Dsk& Texas 73204-2499 Phone (M) 67F= Fac (214) 671-0757 85.91 ACRES OUT OF THE C.M. THROOP SURVEY ABSTRACT No. 1510 THE W. MEDUN SURVEY, ABSTRACT No- 1958 THE MLUAW H. PEA SURVEY, ABSTRACT No. 1246 AND THE JOSEPH HENRY SURVEY, ABSTRACT No. 742 TARRANT COUNTY, TEXAS 1 SULE T'� Wp' 1 i 1 Y 1 FW rEW L"TW PARTNV?-1;W M- 13457, PC: 4U9 O.R. T. CC, T. Q t r r .1 Y1OJJLKJ,N HUNT SURVEY AS5TFA.i Nc 756 FW TOCAS LAITED PARTNENSW VOL 13457; PCL 4G3 O O.R. T.Q T. d ILr r a,nopcm tttar M mm" I ixiiuii r► -i MAGUIRE PARTNERS — SOLANA LAND, LP. VOLUME 16856, PAGE 176 yr`` DA T.C.T. --------__--&TR.OMMA ------------ _ _ APP003 OATr UNCAJM _ v W. or" 5URVL1'— — c Al7rTRACT N.. 1956 -- TAR.RAW G. skowy UK / C31. lift" SURVEY f,J ABSTRACT w- 1510 / PER 6RAHAY ASKAZAA3 MA4aWnSL !'AIS IMM'S SOLANA LAND, L.P. VOLUME 16855, PACE 176 / f # D.R.T.C.T. / ,' Cl The northern boundary of this cross -hatched ares is 600' north of the north right-of- t+ay line for Dove Road. ROANOKU - DOVE ROAD (VARIABLE MOTH RGK, 1� 84.25 ACRES OUT OF THE C.M. THRDDP 011W SURVEY ABSTRACT No. 151D 3131 Morivmy AvewO• Suft° OW AND M E 'W[ MEDUN SURVEY, Duke, Texas 75204-2489 ABSTRACT No. 1958 (2W 871-= Fax 04) 871-01757 TARRANT COUNTY, TEXAS COT L 0.00r t PAW Aovnxw Ila 1 VOLUME 358-214, PAQM 73 t 79 PiL T.C.T. LOT 1, HLOCX J 0C5r.AKD1W(JDtAC PARR AOOCI M ft 1 WlAW 3M-214. PAGES 7a t 79 P.R. M T. POwf OF DEti PPA'0 TRACT PA 5/U' atoN Rm MOM ./w7ER a Mw4m w GLEW"IC O FARMS CAB. A PC 5765 R P.T.aT \QF MAGUIRE PARTNERS /\\� C� SOLANA LAND, L.P. - I I DENTON COUNTY I TARRANT COUNTY / / ♦♦�` MAGUIRE PARTNERS ``�♦`\ \ SOLANA LANA, L.P. 1 Q7 Of LOT 1 \, BLE/SOUTHLAKE `\ OT 2 PARK \♦\ ♦`\ BLOCK 1 AODN. NO. 1 WESTW(E/SOUTHLAKE ♦♦\ ♦ PARK ADDN. N0. 1 Rw OSED PROPOSE \ I V I MAGUIRE PARTNERS I SOLANA LAND, LP. �✓ I L I I R i I 1 •LOT 1 LOCK 3 WESTLAKE/SOUTHLAKE0 >1PA K OI II 'ON, NO. 1 ® 1_------------------� I OVERALL SITE PLAN TOWN OF WESTLAKE------ i ----- LEGEND ---PROPERTY LINE — —FITY LIMIT LINE -------- ---- LOOOPIAIN MAGUIRE PARTNERS SOLANA LAND, L.P. 0 'W 2W 4 OWNER 11—KI. P—E(.11) --.— ENGINEER! ENGIN�E''EL-R-�'�L' A nc HUI 1 FA Jl_1L�lIV JUNE 16, 2009 Exhibit B to Ordinance 588 a D K 2 2R �— \ � O PLAIN LOT 1R BLOCK 2 I'WESTLAKE/SOUTHLAKE / ) PARK \ / PDDN. N0. 1 ♦ OF. OF SOUTHLAKE \♦