Loading...
HomeMy WebLinkAbout01-05-15 PZ Agenda Packet Page 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA January 5, 2015 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS Regular Session 6:00 p.m. Regular Session 1. CALL TO ORDER 2. PRESENTATION AND DISCUSSION OF SOLANA REDEVELOPMENT PLANS BY NEW SOLANA OWNERS (EQUITY AKA BLACKSTONE) INCLUDING WAY FINDING, SIGNAGE, LIGHTING, RETAIL, OPEN SPACE RECONFIGURATION, PARKING, AND BUILDING REMODELING. 3. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON DECEMBER 8, 2014. 4. CONDUCT A PUBLIC HEARING AND CONSIDER A ZONING CHANGE FROM R 1 “ESTATE RESIDENTIAL” TO PD-6 “PLANNED DEVELOPMENT - SINGLE-FAMILY RESIDENTIAL DISTRICT WITH TEN LOTS.” THE SUBJECT PROPERTY IS COMMONLY KNOWN AS 1480 DOVE ROAD, FURTHER DESCRIBED AS LOT 1, BLOCK 1 OF THE DOVE ADDITION, APPROXIMATELY 10.18 ACRES. 5. DISCUSSION AND CONSIDER RECOMMENDATION OF AN AMENDMENT TO CHAPTER 70 SIGNS (SIGNAGE); SECTIONS 70-12, 70-18, AND 70-19 PROVIDING FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS. Page 2 of 2 6. ADJOURNMENT CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Suite 202, Westlake, Texas, 76262, on December 31, 2014 , by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490 -5710 and reasonable accommodations will be made to assist you. Planning and Zoning Item # 1– Call to Order Back up material has not been provided for this item. PRESENTATION AND DISCUSSION OF SOLANA REDEVELOPMENT PLANS BY NEW SOLANA OWNERS (EQUITY AKA BLACKSTONE) INCLUDING WAY FINDING, SIGNAGE, LIGHTING, RETAIL, OPEN SPACE RECONFIGURATION, PARKING, AND BUILDING REMODELING. Planning and Zoning Item # 2 – Back up material has not been provided for this item. P&Z Minutes 12/08/14 Page 1 of 2 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING December 8, 2014 PRESENT: Chairman Bill Greenwood, Commissioners Tim Brittan, Ryan Groce, Michelle Lee and Sharon Sanden. ABSENT: OTHERS PRESENT: Planning and Development Director Eddie Edwards, Town Secretary Kelly Edwards and Public Works Director Jarrod Greenwood. Regular Session 1. CALL TO ORDER Chairman Greenwood called the meeting to order at 6:16 p.m. 2. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON SEPTEMBER 15, 2014. MOTION: Commissioner Sanden made a motion to approve the minutes. Commissioner Lee seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND CONSIDER THE FINAL PLAT FOR PHASE I OF THE APPROXIMATELY 84 ACRE DEVELOPMENT KNOWN AS GRANADA, LOCATED GENERALLY EAST OF DAVIS BLVD., SOUTH OF SOLANA BLVD., AND NORTH OF DOVE ROAD. P&Z Minutes 12/08/14 Page 2 of 2 Director Edwards provided an overview of the development plat. Director Edward’s also stated that the developer has installed the infrastructure meeting the Town’s requirements. He recommended approval of the plat with the conditions as outlined in the agenda memo. Chairman Greenwood Public opened the public hearing. No on addressed the Commission. Chairman Greenwood closed the public hearing. MOTION: Commissioner Brittan made a motion recommending approval of the Final Plat With the following conditions: a.) any unfinished on-site infrastructure improvements (for entire Granada); b.) any off-site infrastructure improvements (for entire Granada) ; c.) the per residential lot fee for Westlake Academy impact (Phase One only). Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. 4. ADJOURNMENT There being no further business to come before the Chairman Greenwood asked for a motion to adjourn. MOTION: Commissioner Brittan made a motion to adjourn the meeting. Commissioner Garvin seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 6:21 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON JANUARY 5, 2015. ________________________________ ATTEST: William E. Greenwood, Chairman ______________________________ Kelly Edwards, Town Secretary Page 1 of 4 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Monday, January 5, 2015 Westlake Town Council Meeting Monday, January 26, 2015 TOPIC: Conduct a public Hearing and consider an application for rezoning of the property addressed as 1480 Dove Road, fro m R-1 “Estate Residential” to PD 6 (A ten lot , “one dwelling per acre density” single-family residential Planned Development.) The property is approximately 10.18 acres and is located on the north side of Dove Road, between the Glenwyck Farms and Terra Bella subdivisions. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary desi gn standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 5, 2015 Completion Date: January 26, 2015 Funding Amount: Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) Page 2 of 4 The property is currently zoned R1 “Estate Residential” which requires a minimum lot size of one acre. The property is located between Glenwyck Farms, which is zoned R 1, but was developed as a “one dwelling per acre density” development with 80% of the lots smaller than one acre, and Terra Bella, which is zoned PD 4 and was also developed as a “one dwelling per acre density” development with 75% of the lots less than one-acre. Both neighboring developments do have some lots greater than one acre, and along with the open spaces, they calculate out at approximately .8 and .5 dwellings per acre respectively. By creating a Planned Development district for this property, the town may impose design standards that exceed those contained in the Code of Ordinances, negotiate Economic Development agreements with the developer that include contributions to Westlake Academy, and include conditions or regulations to address unique situations or the concerns of adjacent property owners. The developer and has incorporated all of the design standards contained in the Granada PD ordinance into an ordinance to regulate the proposed development. The developer, which will also be the exclusive builder in the development, has increased the minimum home size by 1,000 sq. ft. over that required for Granada. RECOMMENDATION See staff report ATTACHMENTS: 1. VICINITY MAP 2. CONCEPT PLAN 3. STAFF REPORT Page 3 of 4 Vicinity Map Page 4 of 4 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL Zoning Change from R1 to PD 6 (a ten lot, one-acre density residential subdivision “Carlyle”) and Concept plan I. CASE INFORMATION Case No. Z –10-01-14 Date: 01-05-2014 Request: Applicant is requesting approval of the following: Zoning change _X__ From R1 (Single-family residential with minimum lot size of one acre) to PD 6 (Single-family with one lot per acre density) Concept Plan _X__ Development Name: Carlyle Location: Subject property is an approximate 10.18 acre lot generally located north of Dove Road, between the Terra Bella and GLenwyck Farms. It is currently a single- family residence addressed as 1480 Dove Road. Owner: Greg Kuelbs Developer: Calais Homes Zoning: Current: R-1 Proposed: PD 6 (10 lot residential on 10 acres) Acres: 10.18 not including Dove Road right-of way dedications made when previously platted in to a single lot) Proposed Uses: Single-family residential. Approximately one (1) dwelling unit per acre gross density with minimum lot size of 30,000 square foot. II. STAFF REVIEW COMMENTS 2 1. General This is a request for approval of a Zoning Change that if approved would allow for the development of 10 residential lots on 10+ acres of land as opposed to the 5 or 6 one-acre lots that could be developed under the current zoning. The permitted uses and design standards contained in the proposed ordinance for this district were created with regulations specifically geared towards giving the Town the ability to ensure that the development will meet the high standards that Westlake has become known for. The District Development Standards for straight zoning residential districts requires 80% Masonry exterior wall surface and regulates setbacks for accessory structures. The Design guidelines in a PD ordinance are open to whatever the town decides is necessary to assure the high quality exterior design and materials typically found in other Town of Westlake developments. The proposed ordinance includes all of the Design guidelines that were put into the recently approved PD 1-3 “Granada” Planned Development. At build out the development will include approximately $20,000,000 in improvements that will be added to the ad valorem tax base. The proposed development will contain ten residential lots all slightly over 30,000 square feet. For comparison purposes the two subdivisions in closest proximity to this site, Glenwyck farms and Terra Bella have lot sizes starting at 35,409 and 40,010 square feet respectively. Eighty percent of the lots in Glenwyck Farms are less than one acre and seventy-five percent of the lots in Terra Bella are less than one acre.. The gross density of the development will be approximately one (1) dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre and Terra Bella at .51 dwellings per acre. The open space and trail connectivity along with higher development standards incorporated into the Planned Development ordinance should keep the homes in Carlyle relatively close to the same price points as those in Glenwyck Farms and Terra Bella. The developer is anticipating the average home price to be close to $2,000,000. . 2. Concept Plan The Concept Plan shows 10 single family lots configured into a residential development with a single cul-de-sac meandering up the middle of the property. 3 This addresses the concerns voiced by some homeowners on adjacent properties about having a roadway running along their back property lines. The development will include two publicly accessible and privately maintained open spaces with water features and trail connections tying into the town trial system. The staff has also worked with the applicant to establish variation in the front, side and rear setbacks to avoid visual monotony within the development. The preliminary plat will finalize some of these setbacks. 3. Setbacks/Building Lines Proposed for PD 6 R1 zoning district Glenwyck Farms Terra Bella Front 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Rear 40 ft. +- 40 ft. min. 40 ft. min. 40 ft. min. Side 20 ft. +- 20ft. min. 20 ft. min. 20 ft. min. 4. Conformance with Comprehensive Plan This application is consistent with the Town’s recently amended Comprehensive Plan, its goal s and objectives, and its policies as it relates to land use and site development. The Land Use Plan indicates this property should be Single-family Residential use, and the Thoroughfare Plan shows Dove Road to be a Collector road. The proposed development is also consistent with the proposed updated Comprehensive Plan. 5. Building Design, Architecture, and Screening The building design, architectural, and screening regulations contained in the Planned Development ordinance and the Concept Plan were created with the goal in mind of Carlyle appearing at build out as a high end custom home sub- division similar to the high quality development achieved in both the Glenwyck Farms and Terra Bella sub-divisions. 6. Landscaping and Landscape Screening 4 Common areas. The common areas at both ends of the subdivision will be a combination of preserved natural landscaping in areas of dense tree growth, and newly planted landscaping designed with staggered heights and clustering of plants and trees to break up and soften the view from outside the development. Some elements of the landscaping have not been shown on the Concept Plan but will be included as development progresses and final determination of the best locations can be field approved. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 7. Landscaping and Screening Common areas. The common areas at the front and rear of the project will be a combination of preserved natural landscaping and newly planted landscaping to create small, park-like, areas. The developer will install and maintain these areas but they will be publicly accessible. The perimeter walls will be of a design similar to the types used for Glenwyck Farms and Terra Bella, masonry columns with wrought iron fencing. Home sites. Each home site will comply with the Roadway landscape Zone requirements of having six trees per one-hundred linear feet of lot width at the roadway. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. 8. Parking The ordinance requires three covered parking spaces per dwelling. Garages may not face the street unless further back from the street than the side- facing garage. 9. Fire Lanes Because this sub-division will only have a single entrance it was assessed by the Fire Marshal and determined if a second emergency access road would be needed. It was determined that the roadway was within the length limitations to allow a single point of access. 5 10. Access/Streets/Thoroughfare Plan The primary entrance and exit for the sub-division will be off of Dove Road which is classified as a Major Collector on the Thoroughfare plan. The internal roadway will be privately owned and maintained by the HOA. . 11. Street/Highway Right-of-Way Dedication Requirements No additional right-of-way dedication is required for this project. 12. Pedestrian Circulation Pedestrian circulation and connectivity with the Town’s network of trails will be accomplished with the Public Open Space trails. The applicant’s Concept Plan indicates that the subject site, although gated to limit vehicular access, will be accessible to pedestrians. 13. Lighting Compliance with all Town of Westlake ordinances as well as the International Dark Skies design guidelines is required for this PD. All lighting plans will be submitted to and reviewed/approved by staff prior to installation. 14. Tree Mitigation A tree mitigation plan will be submitted and will be reviewed by Town staff for compliance with Town ordinances. Approval of this Concept Plan is not granting approval of the tree mitigation plan. 15. Signage The signage shown on the approved concept plan will be the only signage allowed other than signs specifically permitted for residentially zoned properties by other Town ordinances. 16. Utilities (including on and off-site extensions and easement dedications) Water and sewer utilities for this site are provided by the Town of Westlake. Off- site water and sewer line extensions to serve the site are the responsibility of the developer. All on-site electric utility lines, new or existing, will be placed 6 underground. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 17. Storm water retention and detention The drainage plans that will be submitted with the Preliminary Plat will detail how they will be able to develop the sub-division and, through retention, detention, and other design features, have the same or lower rate of flow after development and build-out than is being experienced today or make provisions to handle the increased flow without negatively impacting downstream properties. Town engineers will confirm their calculations prior to permitting any infrastructure improvement work permits 18. Park Land Dedication The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. . ________________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this Zoning Change and Concept Plan as submitted with the following stipulations: 1. Developer Agreement A Developer Agreement shall be approved prior to the commencement of construction activities related to the development of the sub- division. 2. Tree Mitigation: Tree mitigation will be in compliance with Town ordinances and addressed prior to acceptance of the sub-division and issuance of building permits unless otherwise stipulated in a Developer’s Agreement. 3. Park Land Dedication: The Park Land Dedication requirement for a residential development is one acre of Park Land for every thirty dwelling units. The development being 10 lots will be required to dedicate one-third of an acre for Park Land. The concept plan shows 2.06 acres of open space of which the 7 majority will be publicly accessible and will be connected to the town’s trail system so the Open Space on the Concept Plan qualifies to meet the Park Land Dedication requirements. 4. Sequencing of improvements: All infrastructure improvements both internal and external to the project along with all landscaping and improvements located within the open spaces and the right-of-way along Dove Road shall be completed prior to acceptance of the sub-division. 1 TOWN OF WESTLAKE ORDINANCE NO. XXX AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 10.18 ACRE TRACT OF LAND KNOWN AS 1480 DOVE ROAD, GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE "R1 ESTATE RESIDENTIAL” DISTRICT TO PD 6, A SINGLE FAMILY RESIDENTIAL DISTRICT WITH A DENSITY OF ONE DWELLLING UNIT PER ACRE, ALONG WITH THE CUSTOMARY ACCESSORY USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of t he Commission, the Town Council amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 10.18-acre tract of land (commonly known 1480 Dove Road, being the property located on the north side of Dove Road between the Glenwyck Farms and Terra Bella subdivisions: 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 property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for residential uses upon this property that will be consistent with the Town's long-term development vision; and 2 WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, 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 planned development district; and WHEREAS, the Commission and Council held public hearing s upon the application of Calais Homes, to establish PD6 and amend the zoning regulations for the approximately 10.18- acre tract of land to a "PD" Planned Development District with single-family residential uses on January 5th and January 26 th of 2015, after written notice of such hearings 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, all in accordance with law; 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 amendments (Exhibit “2”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council 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 Council has determined to be consistent with the 1992 Comprehe nsive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; 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 declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202, as amended, is hereby amended by this PD Ordinance, from R1 to PD 6, the subject property described in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit 2. 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 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 Town 3 Council of the Town of Westlake w ithout the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in full force and effect. SECTION 5: 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 6: 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 Five Hundred ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 26th DAY OF JANUARY 2015. MAYOR ATTEST: Town Secretary APPROVED AS TO FORM: Town Attorney i EXHIBIT 2 PD 6 ONE ACRE DENSITY SINGLE FAMILY RESIDENTIAL ARTICLE I. GENERAL PROVISIONS ................................................................................. 1 SECTION 1 SHORT TITLE .................................................................................................... 1 SECTION 2 PURPOSES ......................................................................................................... 1 SECTION 3 GENERAL DEFINITIONS.................................................................................. 1 Section 3.1 Usage ....................................................................................................... 1 Section 3.2 Words and Terms Defined ........................................................................ 1 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ........................................... 2 Section 4.1 Applicable Town Ordinances.................................................................... 2 Section 4.2 General Approval Criteria ........................................................................ 2 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ................... 3 Section 5.1 PD Concept Plan Limits ........................................................................... 3 Section 5.2 PD Development Plans ............................................................................. 3 Section 5.3 PD Site Plans ............................................................................................ 3 SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ............................................... 3 SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3 SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3 ARTICLE II. USES ................................................................................................................. 4 SECTION 1 LAND USE SCHEDULE .................................................................................... 4 SECTION 2 ACCESSORY USES AND STRUCTURES......................................................... 5 ARTICLE III. DEVELOPMENT STANDARDS ................................................................... 5 SECTION 1 DENSITY ............................................................................................................ 5 SECTION 2 MINIMUM LOT SIZE ........................................................................................ 6 SECTION 3 MINIMUM LOT WIDTH .................................................................................... 6 SECTION 4 MAXIMUM BUILDING HEIGHT ...................................................................... 6 ii Section 4.1 Maximum building height……………………………………………...…….6 Section 4.2 Exceptions to Height Limitations .............................................................. 6 SECTION 5 MINIMUM BUILDING SIZE ............................................................................. 6 SECTION 6 LOT COVERAGE .............................................................................................. 6 SECTION 7 FRONT YARD SETBACKS............................................................................... 6 SECTION 8 REAR YARD SETBACKS ................................................................................. 7 SECTION 9 SIDE YARD SETBACKS ................................................................................... 7 SECTION 10 SLOPE REQUIREMENTS ................................................................................. 7 SECTION 11 SIGNAGE REQURIEMENTS ........................................................................... 6 Section 11.1 Signs ........................................................................................................ 6 Section 11.2 Exceptions to sign regulations .................................................................. 6 SECTION 12 LANDSCAPE REQUIREMENTS ...................................................................... 6 Section 12.1 Landscape requirements for residential home sites .................................... 6 Section 12.2 Landscape requirements for Common areas .............................................. 6 SECTION 13 LIGHTING STANDARDS ................................................................................. 8 Section 13.1 Street lighting ........................................................................................... 8 Section 13.2 Outdoor lighting regulations ..................................................................... 8 SECTION 14 BUILDING DESIGN ELEMENTS ..................................................................... 9 Section 14.1 Architectural Control Committee ............................................................. 9 Section 14.2 Roofs ........................................................................................................ 9 Section 14.3 Exterior Walls ......................................................................................... 9 Section 14.4 Parking ................................................................................................... 10 Section 14.5 Exterior doors and windows .................................................................. 10 Section 14.6 Mechanical Equipment screening .......................................................... 10 Section 14.7 Accessory buildings ............................................................................... 10 Section 14.8 Driveways and sidewalks........................................................................ 10 Section 14.9 Fencing and gates ................................................................................... 10 SECTION 15 UTILITIES S Section 15.1 Utilities offsite……………………………………………………………..10 Section 15.2 Franchise utilities ………………………………………………………….11 Section 15.3 Drainage ………………………………………………………………...…11 iii ARTICLE IV. EXHIBITS .................................................................................................... 10 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plans 1 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 7, Single-Family Residential Planned Development Zoning District Ordinance.” or simply as the "PD 6 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for single-family residential development of the property similar to and compatible with the neighboring residentially zoned properties. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council and that are applicable to development within the PD District or Planning Area. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Town. 2 PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district or Planning Area established or amended by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Town means the Town of Westlake, Texas. Town Manager means the Town Manager of the Town of Westlake or his/her dsignee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as amended. SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD 6 Planning Area shall also be governed by the Applicable Town Ordinances for the R-1 Zoning District. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 4.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. 3 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by t his PD Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the general boundaries of the PD 6 zoning district . Any information shown on this drawing that is outside the boundaries of the PD 6 Planning Area is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD 6 Planning Area other than for the purposes of alignment of improvements with existing off-site improvements. Section 5.2 PD Development Plans A PD Development Plan is not typically required for single-family residential developments. Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family residential developments. SECTION 6 PARK LAND DEDICATION REQUIREMENTS Park Land Dedication requirements shall be in accordance with Town ordinances and shall be met prior to filing of Final Plats. SECTION 7 TREE MITIGATION REQUIREMENTS Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met prior to the filing of Final Plats. SECTION 8 DUCT BANK REQUIREMENTS The Developer shall install a Duct Bank system throughout the subdivision as required by Town ordinances. The home builder shall tie into the Duct Bank prior to the Final Inspections or Certificate of Occupancy approval. 4 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD 6 zoning district shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. PD 6 – SINGLE FAMILY RESIDENTIAL LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP RESIDENTIAL USES Single Family Detached X Single Family Zero Lot Line Single Family Attached Duplex Home Occupation (1) X Servants/Caretakers Quarters A Temporary Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private unlit) A Sport/Tennis Courts (Private lighted) S INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) X Water Storage Tank and Pumping System (Elevated or Above Grade) X 5 PERMITTED USES X=Permitted, A=Accessory Use, S=SUP Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Child Daycare (Private; 7 or more) S Government Building X Police Station X Fire Station X AMUSEMENT/RECREATION Park or Playground (Public or Private) X Satellite Dish S Non-Commercial Radio Tower S Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Temporary Sales Office (3) X NOTES: 1. As defined by Chapter one of the Town of Westlake Code of Ordinances. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY The Gross Density allowed shall be one (1) residential lot per acre of land. Gross Density is defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross" shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right -of- way and dedicated public parks and open space A maximum of 10 single-family residential lots may be allowed in this PD district.. 6 SECTION 2 MINIMUM LOT SIZE The minimum lot size shall be 30,000 square feet. SECTION 3 MINIMUM LOT WIDTH The minimum lot width shall be 90 feet measured at the building line. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Maximum Building Height. The maximum height for all structures located on residential lots shall be two and one-half stories or 28 feet measured to the mid-span of the highest roof span. Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on the approved concept plan. SECTION 5 MINIMUM BUILDING SIZE The minimum building size shall be 4,000 square feet for single story houses and 5,000 square feet for two story houses. SECTION 6 LOT COVERAGE The footprint of the main level of each residence shall not exceed 30% of the entire area of the lot. Footprint shall not include porches, patios, or other unenclosed areas. SECTION 7 FRONT YARD SETBACKS The minimum front yard shall be 40 feet. The Town Manager or his/her designee may approve a reduction of the required setback or may require an increase in the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. SECTION 8 REAR YARD SETBACKS The minimum rear yard shall be 40 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. 7 SECTION 9 SIDE YARD SETBACKS The minimum side yard shall be 20 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of five (5) feet to accommodate unique site conditions including the preservation of old growth trees. SECTION 10 SLOPE REQUIREMENTS The height of non-residential structures within the PD District shall be shown and approved as part of the Concept Plan. SECTION 11 SIGNAGE REQUIREMENTS Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage other than signage shown on the approved Concept Plan Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are exempt from regulation in the UDC. SECTION 12 LANDSCAPE REQUIREMENTS Section 12.1 Landscape requirements for residential home sites. 1. Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass. 2. The landscape requirements of the Roadway Landscape Zones contained within the UDC are applicable to all residential lots within this Planning Area. Section 12.2 Landscape requirements for Common Areas 1. Landscaping shown in the common areas on the Concept Plan shall be installed and maintained by the Developer or the Home Owners Association. SECTION 13 LIGHTING STANDARDS All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING. TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT 8 REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR LIGHTING REGULATIONS IN THE CODE OF ORDINANCES. Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the Town. Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the UDC are applicable to this Planning Area with the following additions: 1. Up-lighting shall be limited to lighting la ndscaping elements and shall be limited to 25 watt incandescent or equivalent lumens. 2. Building walls shall not be illuminated and light from landscape lighting may not illuminate building walls higher than four (4) above grade. 3. Floodlights are prohibited. Except as allowed in the UDC. 4. All light sources must be fully shielded from view from adjacent property or right-of- ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass. SECTION 14 BUILDING DESIGN ELEMENTS Section 14.1 Architectural Control Committee. An Architectural Control Committee shall be established that has approval authority over house designs prior to submittal for permitting. The committee shall have three voting members with at least one member appointed by the Town Manager and at least one member appointed by the developer. The member appointed by the Town Manager may approve minor variances to any of the Building Design Elements if he/she feels that the intent of the ordinance has been met . Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay t ile, slate, architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent roof projections not exceeding 200 sq. ft., or other materials with similar appearance if approved by the Town. No more than two houses on adjacent lots, fronting on the same street, may have the same type and color roof material. No more than two houses on adjacent lots may have the same roof pitch unless one or both roofs have multiple pitches. Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless otherwise approved by the Architectural Control Committee. This minimum pitch shall be used on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12 roof pitch. Roof design shall include offsets and dormers to break up large expanses of roof area. 9 Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or architectural features on all elevations. Acceptable exterior wall materials: Brick - as an accent limited to 30% of the exterior wall. Stone Cast Stone Stucco – ¾ inch thick minimum and limited to 30% Except Tuscan and Mediterranean style homes may have up to 100%.. Note: Siding of any type is prohibited for use on walls or chimneys. Exterior wall coverings materials shall make changes at inside corners only. Every elevation shall have a minimum of two wall materials or textures. Single wall covering materials may be approved if architectural features, wall offsets, and enhanced trim around openings are utilized to limit continuous blank wall areas.. Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the wall area is broken up by architectural elements such as ornate masonry work, changes in construction material, or openings for windows or doors that are trimmed and recessed a minimum of three (3) inches. Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces. Section 14.5 Exterior doors and windows. All doors and windows other than those within court yards shall be recessed a minimum of three inches. Windows shall be wood and those visible from off-site shall have mullions or muntins. Primary Entry Doors shall vary in design from house to house. If the same door is used on houses within the same block, trim, accents or other architectural enhancements shall be used to create a diverse appearance and maintain the appearance of a custom home neighborhood. Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors are prohibited. Garage doors shall be recessed a minimum of six inches. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion, are in a motor court setting, and behind a gate that extends over the driveway. Section 14.6 Mechanical equipment screening All mechanical equipment and pool equipment shall be completely screened from view from adjacent properties or right -of-way. Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five percent screening at building final. 10 Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for accessory structures shall be similar to those used on the primary structure Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent property line. Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall have decorative caps. SECTION 15 UTILITIES AND DRAINAGE Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to serve the site are the responsibility of the developer. Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, shall be placed underground. All above grade equipment approved by the Town to be placed above grade shall be screened from view as approved by the Town. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall not exceed pre-development drainage run-off quantities. This section is applicable to the subdivision as a whole and to any portion of a buildable lot that drains on to or across another buildable lot. Drainage inlets and outfalls shall be designed to appear natural and not engineered. Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping. ARTICLE IV. FIGURES ARTICLE V. EXHIBITS EXHIBIT 1-A Legal Description of PD District EXHIBIT 1- B Boundary Map EXHIBIT 2 Concept Plan EXHIBIT 3 Wall and Landscape Plan EXHIBIT 4 Entrance 11 EXHIBIT 1- A Legal Description of PD District DOVE ADDITION-WESTLAKE Block: 1 Lot: 1 Town of Westlake, Tarrant County, Texas 12 EXHIBIT 1-B Boundary Map 13 14 15 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting – Action Item Westlake Town Council Regular Meeting Monday, December 15, 2014 TOPIC: Consideration of an Ordinance amending Chapter 70 -SIGNS of the Westlake Code of Ordinances. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development N/A High Quality Planning, Design & Development - We are a desirable well planned, high -quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 5, 2015 Completion Date: January 26, 2015 Funding Amount: NA EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY ) The sign regulations contained within the Code of Ordinances apply to all properties other than Planned Developments that have sign regulations incorporated into their development regulations. The first Planned Development in Westlake, PD 1 (Solana), is the only PD that does not have sign regulations included in the governing PD ordinance. Without sign regulations included in the PD ordinance, Chapter 70 of the Code of Ordinances is used to regulate signage and is much more restrictive than the regulations governing other districts. The PD1 zoning district is divided up into three Planning Areas. Planning Area 2 (PD1-2) is the Page 2 of 2 portion of PD 1 that will be developed as a mixed-use development called Entrada. The PD1-2 ordinance included signage regulations similar to the regulations governing all of the other PD zoning districts with commercial or retail uses. Planning Area 3 (PD1-3) is the portion of the PD 1 zoning district that is being developed as Granada, a single-family residential development. PD 1-3 does not include signage regulations for commercial or retail uses. The business owners within DP 1, Solana’s Village Circle development , have been granted some variances to the sign size and lighting regulations in years past, indicating that Westlake commissioners and councilmembers recognized that the sign regulations were too limiting. The proposed amendment would bring the sign size limitations in line with the regulations for the rest of the properties in town. Staff has been in discussions with the new owner s of Solana regarding amending the PD 1 zoning district to facilitate a new signage and way-finding program that will be a big part of the proposed revitalization of Solana. This will provide an opportunity to take a much closer look at a comprehensive signage section for this PD , but this ordinance will provide some relief for the businesses desiring to update their signage in the meantime. An additional amendment being proposed is the elimination of the requirement for all signs to get Town Council approval. If a sign meets the requirements of the ordinances, staff should be able to issue a permit for the installation. Situations in which the applicant desires to install signage that is outside the limitations imposed by ordinances or that are not covered within the ordinances should go to Town Council with Planning and Zoning recommendation. RECOMMENDATION Recommend approval of this amendment as submitted, ATTACHMENTS 1. Exhibit 1. Draft of proposed ordinance with changes highlighted. Ordinance XXX Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. ______ AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 70 TITLED “SIGNS” BY AMENDING SECTIONS 70-12, 70-18, AND 70-19; PROVIDING FOR SIGN REGULATIONS WITHIN COMMERCIAL DISTRICTS; BY DESCRIBING PROHIBITED SIGNS; BY DEFINING THE FUNCTIONS OF THE TOWN COUNCIL RELATIVE TO THE ISSUANCE OF SIGN PERMITS; 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 Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare of the residents and visitors of the Town of Westlake that signage be regulated within the town limits; 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 amendments (Exhibit “A”) to the Code of Ordinances 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 Chapter 70 “SIGNS”, Sections 70-12, 70-18, and 70-19 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: See Exhibit “A” SECTION 4: That all provisions of Ordinance 633, and the Code of Ordinances, not hereby amended shall remain in full force and effect. SECTION 5: 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 XXX Page 2 of 6 SECTION 6: 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 Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 _____ DAY OF ____________ 20________. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance XXX Page 3 of 6 Exhibit “A” Deletions are shown with strikethrough and additions are shown with underline. • Sec. 70-12. - Signs and display cases within commercial districts. (a) Generally. All signs or display cases in the commercial districts require a sign permit. The town manager or a designated representative may, subject to the standards set forth in this chapter, approve an application for a sign or display case. All permits shall be for a specific location and the moving of such signs or display cases shall require a new permit. The regulations in this section shall apply within the commercial districts. (b) Prohibited signs and display cases. No sign or display case shall be permitted that: (1) Does not pertain to a commercial use on the site. (Off-premises signs are prohibited by Sec. 70-18) (2) Is incompatible in design with the building and space allotted. (3) Is flashing, illuminated, phosphorescent, moving or primarily glossy. (Signs illuminated by down lighting or low intensity internal lighting are in keeping with our Dark Skies policies) (4) Contains lettering exceeding 12 inches in height. (The size of the lettering is not typically regulated) (5) Projects or extends above the eave or parapet line, if attached to any structure. (6) Is for a business which does not have a certificate of occu pancy on file with the town. (7) Exceeds 24 square feet in area. (Sign size is regulated elsewhere, all sign that do not comply with the ordinances are illegal and do not need to be listed under Prohibited Signs. This also causes a conflict when a sign receives a variance for a size larger than listed in this section.) (8) Could create confusion to the public or to police and fire response calls in emergencies, or tends to degrade the character of the town, affect the peace, health and welfare of the community or result in a degradation of property values and/or an increase in the cost of municipal services. (c) Maximum allowable sign area. The maximum aggregate area of all signs shall not exceed the following for buildings within the commercial district: (1) Ordinance XXX Page 4 of 6 A building with 40 feet or less frontage on a public way shall not exceed 16 square feet of exterior signs and ten square feet of interior signs. The maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. (2) A building with frontage greater than 40 feet on a public way shall not exceed four square feet of signs for each ten feet of frontage or major fraction thereof, up to a maximum of 24 square feet for exterior and 20 square feet for interior signs. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. (3) A building with frontage on more than one public way shall not exceed four square feet of signs for each ten feet of frontage on any building face for both interior and exterior signs, up to a maximum of 20 square feet unless the building elects not to place signs on one of the faces in which event the provisions of subsection (c)(2) of this section will apply. Signs must be architecturally consistent with the buildings to which they are attached. (4) A building designed in such a way as to have business locations within the interior of the structure served b y an interior mall or by other means of ingress and egress by the public shall be limited to one sign at each entry identifying the building or mall name and a directory which may contain the names of all businesses within the building. Individual business es within the building shall be limited to one projecting sign not to exceed three square feet in area or one flat sign not to exceed six square feet in area when approved by the town council. Interior business locations shall not be entitled to individual signs on the exterior of the building adjacent to the public way or individual signs within the mall or walkway area of the building other than as permitted in this subsection. (5) The town council may make special exemptions to the allowable areas in this subsection where hardship is incurred or where unusual design of a building requires special consideration. (d) Signs exempt from formal review: (1) Interior signs of 160 square inches or less when the aggregate area does not exceed that allowable for interior signs. (2) Temporary signs as provided for in this chapter. (3) Political signs so long as they do not exceed the maximum square footage provisions of this section. Thirty days after the election, which includes any run-off election, all political signs pertaining to such election shall be removed or be subject to removal by the town. Candidates shall be responsible for removal of their political signs. If the town removes the signs, it may assess the candidate the actual costs of removal. Ordinance XXX Page 5 of 6 (4) Signs advertising civic events sponsored by the town, Westlake Academy or other local civic clubs provided that no sign shall be allowed to remain posted longer than seven days before the event and be removed within 24 hours of the conclusion of the event. Location of these temporary signs must be approved in advance by the town manager or his designee. (e) Sign area. In calculating the area of signs, the following shall apply: (1) All faces of a multifaced sign shall be included except for double-faced signs in which case only one face shall be included. (2) For irregular shaped signs, the area shall be that of the smallest rectangle that will wholly contain the sign. (3) That with the exception of signs which are allowed to be painted directly on a wall the area of a sign shall include the board or other material of which the sign is a part, including framing, visual or otherwise, but exclusive of the brackets from which the sign is hung. (f) Standards for display cases. (1) All display cases shall be in size and scale with their surroundings and shall be designed in keeping with the existing architecture. (2) Display cases shall not exceed ten square feet in area or ten cubic feet in total volume. (3) Display cases shall contain but one sign no larger than necessary to identify the owner of the case and direct the public to the store where the merchandise displayed is sold. The sign shall not exceed 24 square inches. (4) Display cases shall be located on the same property as the business premises to which the display case applies. (5) All display cases shall be maintained in accordance with the approval granted for their placement. (6) Merchandise displayed in the case shall be typical of products for sale in the business premise and the case shall not be used to display wares of another business located elsewhere or of merchandise not available in the store to which the display case has been permitted. (g) Special exceptions. The town council may consider resolutions which grant special exceptions to this subsection where hardship is incurred or where unusual circumstances warrant special consideration. (Ord. No. 633, § 2, 2-22-2010) • Sec. 70-18. - Prohibited advertising devices. Ordinance XXX Page 6 of 6 The following types of signs and advertising devices are not permitted within the corporate limits of the town: (1) Advertising searchlights. (2) All off-premises commercial signs and billboards. (3) Any signs on a single or double pole structure that extend into the air more than eight feet as measured from the top of the structure to the grade under the sign. (Size and height limitations are listed elsewhere in the code and signs not conforming to the regulations are not allowed even if not listed as prohibited.) (4) Sky signs. (5) Street banners or festoons. (regulated elsewhere in the code.) (6) Off-premises banners. (These are permitted for civic events) (7) Sandwich or "A-frame" signs. (8) Sidewalk or curb signs. (9) Tethered pilotless balloons or other gas-filled advertising devices. (10) Signs placed on vehicles a nd used as stationary advertising devices. (11) Mobile advertising. (12) Changeable copy sign. • Sec. 70-19. - Functions of the town council. Signs that do not comply with all of the applicable regulations contained within this chapter may seek approval by the Town Council after receiving a recommendation from the Planning and Zoning Commission. The town council may consider resolutions which grant special exceptions to this chapter where hardship is incurred or where unusual circumstances warrant special consideration. The town council will conduct a formal review of all applications for signs and display cases, grant or deny such applications, and authorize the issuance of sign permits. In reviewing the applications, the council will uphold the provisions intent of this chapter and will ensure that the signs will be compatible with the property and use thereof, and will not create hazards, confusion, poor aesthetics, loss of business, clutter and garishness, adversely affect the stability and value of property, or produce degeneration of property with attendant deterioration of conditions affecting the peace, health and welfare of the town. Planning and Zoning Item # 6 – Adjournment Back up material has not been provided for this item.