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Ord 301 Amending the Zoning for a 311 acre tract of land in Planned Development PD-2ORDINANCE NO. 301 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AN APPROXIMATELY 311 -ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON AND TARRANT COUNTIES, TEXAS (I) SOUTH OF S.H. 114, (II) WEST OF PRECINCT LINE ROAD, AND (III) NORTH OF DOVE ROAD FROM "O" OFFICE PARK AND "R-40" ESTATE RESIDENTIAL TO A "PD" PLANNED DEVELOPMENT DISTRICT FOR AUTHORIZING AN OFFICE COMPLEX, INCLUDING OFFICE, PERSONAL SERVICES, BANK AND FINANCIAL INSTITUTIONS, DATA CENTER, RESEARCH AND DEVELOPMENT AND ACCESSORY USES SUCH AS HOTEL/MOTEL WITH CONFERENCE FACILITY, RETAIL AND PARKING STRUCTURES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on November 13, 1992, the Board of Aldermen (sometimes referred to as the `Board") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, on August 24, 1992, the Board adopted a Comprehensive Plan (the 1992 Comprehensive Plan") for the Town; and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the UDC has been amended with the most recent amendments being adopted on February 16, 1998; and WHEREAS, there is located within the corporate limits of the Town an approximately 307.7 -acre tract of land (commonly known as the Maverick Planning Area and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning area, are not available and will not be available Ordinance No. 301 Page 2 without a long-term commitment of both public and private funds to finance infrastructure, amenities, and services; and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long- term development vision; and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for an master planned office complex with accessory uses within the Planning Area that will be consistent with the Town's long-tenn development vision; and WHEREAS, the location and unique features of the Planning Area present unique opportunities for facilities suited to large corporate headquarters within the master planned development; and WHEREAS, the suitability of the Planning area for such master planned facilities can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, floodplain, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such master planned facilities; and WHEREAS, on July 27, 1998, after receiving recommendations from the Commission, the Board approved and adopted amendments to the Thoroughfare Plan, and an amended Conceptual Open Space Plan to the 1992 Comprehensive Plan; all of which amended plans are approved and adopted by the Board to enable the Town to maximize the opportunities and benefits to the Town and all of its citizens that will result from a master -planned, office development of the Planning Area; and WHEREAS, the Commission and the Board held a public hearing upon the application of Maverick Commercial Investments, Inc. to rezone the approximately 311 - acre tract of land to PD Planned Development District on July 27, 1998, after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town of Westlake, all in accordance with law; and Ordinance No. 301 Page 3 WHEREAS, the Commission has recommended to the Board that the hereinafter described property be rezoned to "PD" Planned Development District authorizing an office complex, including office, personal services, bank and financial institutions, data center, research and development and accessory uses such as hotel/motel with conference facility, retail and parking structures; and WHEREAS, the Board believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Board has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: PART I. That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II. That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, is hereby amended by this PD Ordinance, by adding Planned Development District No. 2 within the property described in Exhibit "A", attached hereto by reference for all purposes. This PD will be subject to the zoning provisions, development standards and other regulations contained in the Planned Development District No. 2 Standards attached hereto as Exhibit `B" and the Planned Development District No. 2 Concept Plan attached hereto as Exhibit "C". PART III. Except to the extent provided by the PD Concept Plan and this PD Ordinance, development of land within the PD District shall be governed by the provisions of the UDC applicable to "O" Office zoning districts and by all other ordinances, rules and regulations of the Town that are applicable to development as amended and in effect at the time of the passage of this Ordinance. In the event of any conflict between (I) the PD Concept Plan and this PD Ordinance and (II) the UDC and such ordinance, rules and regulations, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Ordinance No. 301 Page 4 PART IV. This Ordinance is approved subject to the conditions listed in Exhibit "D", which conditions must be satisfied at time of the PD Site Plan Approval. PART V. Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 2" and the date that this Ordinance was adopted by the Board. PART VI. If is hereby declared to be the intention of the Board of Aldermen 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PART VII. This Ordinance shall become effective upon its passage and proof of the unconditional conveyance of the property described in Exhibit "A" to Fidelity Investments or an affiliated or related entity. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAEK, TEXAS, ON THIS THE 27`' DAY OF JULY, 1998. Ordinance No. 301 Page 5 ATTEST: finger Orosswy, Town Sea taffy APPROVED AS TO FORM: LLI ,7 au1 . IC slain, Town Attorney LEGAL DESCRIPTION 309.305 ACRE TRACT BEING A TRACT OF LAND SITUATED IN THE CHARLES MEDLIN SURVEY, ABSTRACT NUMBER 823 (DENTON COUNTY), ABSTRACT NUMBER 1084 (TARRANT COUNTY), THE MEMUCAN HUNT SURVEY, ABSTRACT NUMBER 756(TARRANT COUNTY) AND THE J.BACON SURVEY, ABSTRACT NUMBER 2026 (TARRANT COUNTY), TOWN OF WESTLAKE, DENTON AND TARRANT COUNTIES, TEXAS AND BEING ALL OF THE TRACT OF LAND CONVEYED TO HILLWOOD11088, LTD., RECORDED IN VOLUME 12260, PAGE 1948 OF DEED RECORDS, TARRANT COUNTY, TEXAS, ALL OF THAT TRACT OF LAND CONVEYED TO SCOTT BRADLEY AND WIFE KELLY PACE BRADLEY, RECORDED IN VOLUME 6395, PAGE 67 OF DEED RECORDS AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO HILLWOODANILLOW BEND, LTD., RECORDED IN VOLUME 11316, PAGE 2235 OF DEED RECORDS, TARRANT COUNTY, TEXAS AND UNDER COUNTY CLERK'S NUMBER 93-R0075228 OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A RAILROAD SPIKE, FOUND AT THE INTERSECTION OF THE APPROXIMATE CENTERLINE OF PRECINCT LINE ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE CENTERLINE OF ROANOKE-DOVE ROAD (A CALLED 50 FOOT RIGHT-OF-WAY); THENCE WITH THE APPROXIMATE CENTERLINE OF ROANOKE-DOVE ROAD THE FOLLOWING BEARINGS AND DISTANCES S 89°50'03"W, 1942-81 FEET; N 86"3452"W, 550.83 FEET; N 82°28'16"W, 252.07 FEET; S 65°5V11"W, 562.77 FEET; S 71.04'02"W, 198.77 FEET; THENCE N 11 °01'26"W, 589.37 FEET, DEPARTING SAID APPROXIMATE CENTERLINE; THENCE N 00'26'55W, 573.79 FEET; THENCE N 17°09'12"E, 1518.12 FEET; THENCE N 09007'25"W, 892.93 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 1369.14 FEET, THROUGH A CENTRAL ANGLE OF 5852'17", HAVING A RADIUS OF 1332.50 FEET, THE LONG CHORD OF WHICH BEARS N 49°12'42"E, 1309.71 FEET, THENCE N 1946'33"E, 318.45 FEET TO THE SOUTHERLY RIGHT-OF-WAY OF STATE HIGHWAY 114 (A VARIABLE WIDTH RIGHT-OF-WAY); C&B Job No. 981498010 S#CRT July 9, 1998 J:\JOB\98149801\SUR\WP\LEG\OVERALL.WPD Page 1 of 2 EXHIBIT "A" THENCE WITH SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES N 70"39'43"E, 64.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 443.43 FEET, THROUGH A CENTRAL ANGLE OF 04°25'08", HAVING A RADIUS OF 5749.58 FEET, THE LONG CHORD OF WHICH BEARS S 72.08'30"E, 443.32 FEET; S 63°32'03"E, 238.74 FEET; N 84°41'23"E, 154.28 FEET; S 76'41'49"E, 119.54 FEET; S 45°5545"E, 116.36 FEET; S 75°22'11"E, 296.05 FEET; N 69029'26"E, 98.90 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT; WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 204.65 FEET, THROUGH A CENTRAL ANGLE OF 02°03'13", HAVING A RADIUS OF 5709.58 FEET, THE LONG CHORD OF WHICH BEARS S 72010'21"E, 204.64 FEET; S 7100331"E, 736.07 FEET, TO THE NORTHEAST CORNER OF SAID HILLWOOD/WILLOW BEND TRACT, IN THE APPROXIMATE CENTERLINE OF AFOREMENTIONED PRECINCT LINE ROAD; THENCE S 00°30'00"E, 1386.00 FEET; THENCE S 23"5544"W, 87.29 FEET; THENCE N 89'19'34"W, 164.44 FEET; THENCE S 06°48'13"W, 137.96 FEET; THENCE S 89°43'41"E, 50.00 FEET; THENCE S 00016'19"W, 2147.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 13,473,328 SQUARE FEET OR 309.305 ACRES OF LAND MORE OR LESS. FOR INFORMATIONAL PURPOSES ONLY C&B Job No. 981498010 S#CRT July 9, 1998 J:WOB\98149801\SUR\WP\LEG\OVERALL.WPD Page 2 of 2 DEVELOPMENT STANDARDS PLANNED DEVELOPMENT DISTRICT NO.2 The Planned Development District No. 2 Standards are those matters contained in Articles It through VII of the Application of Maverick Commercial Investments, Inc. EXHIBIT `B" 1 I 1 � c OFFICE c ,OFFICE^ �& COMM.' / 1 Maividjor [tlllec{or: 1 <6 Lane: Loyutlon to, be 1 tti <ernin¢d 1 1lrva Cp a<CPSS)" : OFFICE OFFICE f OFFICE PUBLIC �s OPEN SPACE GOLF r c SINGLE FAMILY � A s Dot SINGLE FAMILY i CONCEPT PLAN \1:ivcrack Commercial Real Estate Daie: July 10, 1998 SX 114 10o' nmun etback 150' average setback j collector (4 lane divfded). - Location to be •, deternined. (prlvate acce55 OFFICE..,' OFFICE /d l.o.too to be o,te tlP tern n,onPtl Na e55 OI r flood Collector (pr'vate access) p1 I xon (6 lane dvmedl Loc. tan to be 51eYernl d. to be deternned. OFFICE g OFFICE If -� collector Locatiti mmelded) Lon to be ............................... ........� deternined. _ - -f--n " k fer tl,l, 75' S iaill.ltfL 1 5 1 ✓ L, F. . n to, 1 Road p iee pert, ne 3 NarL<li - 1 -me are earlvanP. I EXHIBIT °C° LEGEND Mary ................... 5 6: ac. es . Sce a_ ('0915 -v es �