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HomeMy WebLinkAbout04-15-13 PZ Agenda Packet Page 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA April 15, 2013 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR COUNCIL CHAMBERS / MUNICIPAL COURT ROOM Workshop Session: 5:00 p.m. Regular Session 6:00 p.m. Workshop Session 1. CALL TO ORDER 2. DISCUSSION REGARDING ITEMS ON THE REGULAR SESSION AGENDA. 3. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. REVIEW AND APPROVE WORKSHOP MINUTES FROM THE MEETING HELD ON FEBRUARY 20, 2013. 3. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 702, AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP” SPECIFICALLY, CHANGING THE PLANNED Page 2 of 2 USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT FROM OFFICE AND RETAIL USES TO MIXED-USE. 4. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. 5. 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 April 11, 2013, by 3:00 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. DISCUSSION REGARDING ITEMS ON THE REGULAR SESSION AGENDA 2. REVIEW AND APPROVE WORKSHOP MINUTES FROM THE MEETING HELD ON FEBRUARY 20, 2013. 3. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 702, AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP” SPECIFICALLY, CHANGING THE PLANNED USE OF THE PROPERTY LOCATE IN THE PD1-2 ZONING DISTRICT FROM OFFICE AND RETAIL USES TO MIXED-USE. 4. PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 703, AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. Planning and Zoning Item # 2 – Discussion regarding Regular Session Items Planning and Zoning Item # 3 – Workshop Adjournment Back up material has not been provided for this item. Planning and Zoning Item # 1– Call to Order Back up material has not been provided for this item. P&Z Minutes 02/20/13 Page 1 of 5 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING February 20, 2013 PRESENT: Chairman Bill Greenwood, Commissioners Walter Copeland, Allen Heath and Wayne Stoltenberg. ABSENT: Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Planning and Development Director Eddie Edwards, Town Secretary Kelly Edwards, Town Attorney Stan Lowry Assistant to the Town Manager Amanda DeGan, and Public Works Director Jarrod Greenwood. Workshop Session 1. CALL TO ORDER Chairman Greenwood called the workshop to order at 5:10 p.m. 2. DISCUSSION REGARDING ITEMS ON THE REGULAR SESSION AGENDA. Town Manager Brymer provided an overview of the Comp Plan land use map amendment Town Manager Brymer also mentioned that the property owner would be conducting two or three design charrette meetings for the residents to the discuss design ideas and uses for the proposed mixed use development on the corner of Highway 114 and FM 1938 Davis Boulevard. Development Director Edwards provided an overview of the proposed revisions to Ordinance 693. Discussion ensued regarding the use of roofing materials, window types, garage door types, the building lines and variation of the building lines. P&Z Minutes 02/20/13 Page 2 of 5 Chairman Greenwood stated due to his schedule over the next several months he would like the ability to appoint an acting chairman in his absence. 3. REPORT ON THE COMPREHENSIVE PLAN UPDATE PROCESS. Town Manager Brymer provided an overview of the process, the Request for Proposals and establishing a task force comprised of residents, property owners and board members to review and update the Comprehensive Plan. 4. REPORT ON THE PLANNED WESTLAKE ACADEMY PHASE I FACILITY IMPROVEMENTS. Town Manager Brymer provided a handout showing the location of the proposed buildings and the height variation new and current buildings. 5. ADJOURNMENT Chairman Greenwood adjourned the workshop at 5:54 p.m. Regular Session 1. CALL TO ORDER Chairman Greenwood called the meeting to order at 6:08 p.m. 2. REVIEW AND APPROVE WORKSHOP MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. MOTION: Commissioner Stoltenberg made a motion to approve the minutes. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 3. REVIEW AND APPROVE THE REGULAR MINUTES FROM THE MEETING HELD ON JANUARY 22, 2013. MOTION: Commissioner Copeland made a motion to approve the minutes. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 5-0. P&Z Minutes 02/20/13 Page 3 of 5 4. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 690, AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. Chairman Greenwood opened the Public Hearing for both items 4 and 6 on the agenda. Planning and Development Director Edwards provided a presentation and overview of the proposed Land Use Amendments. Town Manager Brymer provided a presentation and overview of the proposed zoning ordinance. Bobby Dollack, Engineer for Consultants, Inc., provided a presentation and overview of the proposed single family residential development. Larry Holden, 2211 Cedar Elm Terrace, spoke in favor of the proposed residential development Neal McNabnay, 1815 Broken Bend, spoke in opposition of the proposed residential development stating he appreciates the design standards which address the concerns regarding tract housing, but is not in favor of the home sizes, lot sizes and density. Paul Beauchamp, 1857 Broken Bend, commended the Commission on the progress regarding this development and that he is comfortable with the decision that will be made this evening. Jennifer McKnight, Trophy Club MUD, does not oppose the zoning changes or residential subdivision but stated based on prior agreements the TC MUD has issued debt to provide service to the area. Bea Ann Arthur, 1755 Dove Road, spoke in opposition of the proposed development urging the Commission to take more time before making a decision and preserve our town. Mike Pacillio, 2209 Vaquero Estates Blvd., spoke in favor of the proposed development stating that it is well thought out and feels proud to drive by this community and would rather have residential instead of commercial. Scott Bradley, 1 Paigebrooke, spoke in opposition of both items 4 and 6 of the agenda disagreeing with the development history provided and asking if approved that lots be reduced to sixty-five. Jim Carter, 1005 Road Runner Road, Bartonville, provided an overview of his history with Trophy Club and the Town of Westlake and spoke in favor of the developer. Jeff Watson, 1 PaigeBrooke, clarified the number of homes in Vaquero, a comparison to neighboring subdivisions. P&Z Minutes 02/20/13 Page 4 of 5 Terry Horton, 2201 Cedar Elm Terrace, complemented the Commission on their efforts, and likes the amenities provided to the public outside the subdivision. MOTION: Commissioner Stoltenberg made a motion to close the public hearing for both items 4 and 6. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. MOTION: Commissioner Stoltenberg made a motion to approval Items 4 and 6 of the agenda. Commissioner Copland seconded the motion. The motion carried by a vote of 4-1. Commissioner Heath opposed. The applicant has requested item #5 be pulled from the agenda for further discussion. There will be no action taken on this item. 5. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1- 2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. Chairman Greenwood opened the Public Hearing for item 5 prior to items 4 and 6 of the agenda. No one addressed the Commission. MOTION: Commissioner Stoltenberg made a motion to close the public hearing. Commissioner Heath seconded the motion. The motion carried by a vote of 5-0. No Action Taken. P&Z Minutes 02/20/13 Page 5 of 5 6. CONTINUE THE PUBLIC HEARING AND RECOMMENDATION OF ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. MOTION: Listed under item 4 of the minutes. 7. DISCUSSION AND CONSIDERATION TO REGARDING THE APPOINTMENT OF AN ACTING CHAIRMAN TO SERVE IN THE ABSENCE OF THE CHAIRMAN. Chairman Greenwood requested this item due to his travel schedule so he could appoint an acting Chairman in his absence. MOTION: Commissioner Stoltenberg made a motion to approve the Chairman to appoint an Acting Chairman in his absence. Commissioner Copeland seconded the motion. The motion carried by a vote of 5-0. 8. ADJOURNMENT There being no further business to come before the Chairman Greenwood, asked for a motion to adjourn. MOTION: Commissioner Heath made a motion to adjourn the meeting. Commissioner Stoltenberg seconded the motion. The motion carried by a vote of 5-0. Chairman Greenwood adjourned the meeting at 7:17 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON THE 15TH DAY OF APRIL, 2013. ________________________________ ATTEST: William E. Greenwood, Chairman ______________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, April 15, 2013 Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Comprehensive Plan “Land Use Map” amendment STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: April 15, 2013 April 22, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY Approve an amendment to the Comprehensive Plan, Land Use map. Changing the planned use of the property locate in the PD1-2 zoning district from Office and Retail uses to Mixed-Use. ORGANIZATIONAL HISTORY/RECOMMENDATION Centurion American seeks an amendment to the PD1-2 Planning Area to allow development of an approximately 85 acre tract as a Mixed-use development. The property is currently zoned for Office, and Retail uses. The Comprehensive Plan, Land Use map, should be amended prior to approving a zoning amendment. ATTACHMENTS Exhibit: Proposed Comprehensive Plan, Land Use Map. Ordinance 702 Page 1 of 3 TOWN OF WESTLAKE ORDINANCE NO. 702 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE LIMITED TO THE PARCELS LOCATED WITHIN THE PD1-2 ZONING DISTRICT. 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, the economic development and land use planning objectives of the Town will be furthered by the amending of the Land Use Map; and WHEREAS, the Planning and Zoning Commission and Town Council held public hearings after notice of such hearing s 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 “1”) to the Westlake Comprehensive Plan “Land Use Map” 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; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown in Exhibit A. SECTION 3: 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 4: 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 Ordinance 702 Page 2 of 3 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 5: 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 APRIL, 2013. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 702 Page 3 of 3 Exhibit A Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, April 15, 2013 Westlake Town Council Meeting Monday, April 22, 2013 TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Roadway Design Standards, Residential Development Standards, Signage Standards, and the Concept Plan for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: April 2013 April 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Page 2 of 2 Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Consideration of an amend ment to the PD1-2 Planning Area regulations including new land uses and development standards. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office and Retail uses. The owner/applicant seeks an amendment to the PD1-2 Planning Area to add Residential and Entertainment uses to allow development of a mixed use Planned Development. This development will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, entertainment establishments, conference center type meeting space, single family residential detached homes and villas or townhomes. The proposed uses will utilize a design for a European style village with a Texas – Spanish architectural theme, tentatively named Westlake Entrada. The applicant advises that the estimated value of improvements on this tract, per these proposed uses, could be approximately $500,000,000. Staff recommends approval subject to the provisions cont ained in the staff report. ATTACHMENTS Click here to enter text. 1. Site Location Map 2. Staff Report 3. Ordinance Including Ordinance Exhibits a) Legal Description of PD District b) PD1-2 Concept Plan c) Westlake Entrada Development Standards d) Westlake Entrada Design Sta ndards e) Westlake Entrada Public Roadway Standards f) Westlake Entrada Residential Development Standards g) Construction Phasing Plan (see Concept Plan) Page 1 of 12 TOWN OF WESTLAKE, TX ZONING CHANGE REQUEST STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL I. CASE INFORMATION Case No. Z-03-01-13 Date: 4-7-2013 Request: Applicant is requesting approval of the following: Zoning Amendment X (PD1-2; PD-1, Planning Area 2) Concept Plan X Agenda Item: Public Hearing and Consideration of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, Signage Standards, and the Concept Plan for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. Development Name: Westlake Entrada Location: The subject property is an approximately 85 acre tract generally located at the northeast Corner of FM 1938 and Solana Boulevard. (Note: legal description of the subject property is included in the proposed ordinance, also see attached vicinity map). Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi) Applicant: Jeffory D. Blackard Developer: Centurion American Development Group Acres: 85 acres (approx.) Proposed Use(s): A mixed use planned development that will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, entertainment establishments, conference center type meeting space, single family residential detached homes and villas or town homes. The development will utilize a design for a European style village with a Texas–Spanish architectural theme (Spanish), tentatively named Westlake Entrada. Notice Requirements: Written notice was mailed to all property owners within 200 feet as required by Town Ordinance. Additionally, written notice of this request was mailed Page 2 of 12 to the Glenwyck and Vaquero HOA/s, as well as the Town of Trophy Club (note: Trophy Club’s notice was to comply with the Memorandum of Understanding we have with them to advise each other about development activity along the SH 114 corridor in our respective communities.) Information, including this staff report, as well as all materials furnished on this request, contained in the Town Council’s and/or Planning & Zoning Commission’s agenda packets, was placed on the Town’s web site. Also, an email blast will also be sent out to Town residents (on the Town’s email list) advising them of this pending request for zoning. II. STAFF REVIEW COMMENTS 1. General Information/Proposed Uses: This agenda item is consideration of an Ordinance amending the permitted uses and development regulations of newly established Planning Area 2 of the PD1 zoning district (PD1-2) to allow for a mixed-use planned development at this location as well as approve a Concept Plan for this development. The subject site is approximately 85 acres located at the northeast corner of FM 1938 (Davis Blvd) and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by a Solana office park development that is part of the PD1-1 zoning district. As indicated, this site is the newly established PD1-2 Planning Area 2 which formerly had been a part of PD-1 commonly referred to as Solana. This proposed mixed-use planned development is tentatively named Westlake Entrada. It will blend various uses requested which include office, governmental, retail, restaurants, conference center type meeting space, hotel, as well as residential uses (single family residential detached, and villas or townhomes). These proposed permitted uses are set out in greater detail in the proposed ordinance document, would be configured in a harmonious manner around a large water feature, plazas, an amphitheater, towers, as well as and other common area design features and open space. The intended design result is to achieve a unique sense of place via a European style village, with a Texas-Spanish architectural theme, where people can gather, live, work, entertain, shop, and recreate. The Ordinance amending the permitted uses and development regulations of this newly established Planning Area 2 (PD1-2) to allow for a Mixed Use Planned Development includes: • Development Guidelines for Planning Area 2, PD1-2 • Design Standards for Planning Area 2, PD1-2 • Residential Standards for Planning Area 2, PD1-2 Page 3 of 12 • Roadway Design Standards for Planning Area 2, PD1-2 • Concept Plan for Planning Area 2, PD1-2 2. Conformance with Comprehensive Plan: This proposed rezoning request requires an amendment to the Land Use component of the Town’s Comprehensive Plan to allow for mixed use as a land use at this location. Current designation for this property on the Land Use Plan is for office-retail uses. A mixed use designation on the Land Use Plan would continue the exiting office retail uses, but add residential (single family and villas or town homes, but not condominiums and apartments) and entertainment uses to the already designated office-retail uses. 3. Existing Zoning Compared to Proposed Amended Uses: Current zoning entitlements for the PD1-2 Zoning District is for office, parking garage, hotel, health industry related, and retail uses (note: the retail uses currently allowed are extensive). This rezoning request is seeking, by requesting a mixed use zoning district, to add other uses- entertainment and residential, to create a true mixed use development. The proposed uses in this request for PD1-2 are consistent with a mixed use planned development designed to create a European style village (tentatively named Westlake Entrada). The proposed uses (both existing and new) for PD1-2 include: medical offices, office, governmental, retail, restaurants, business service establishments, hotel, conference center type meeting space, and various residential uses. The various residential uses proposed for PD1-2 would include single family residential detached homes and villas or townhomes, but not apartments or condominiums. The net effect is the addition of relatively few new uses, but the layout of the development per the proposed design guidelines and standards for this mixed use development would create a more unique development than the typical commercial development that consists only of retail and office pad sites surrounded by surface parking. 4. Concept Plan and Development Standards: a. Concept Plan. The purpose of the Concept Plan is to provide an overall general design layout that shows the general locations of uses as well as the location of streets, water features, and open space areas. The Concept Plan is intended to guide the preparation of the site plan. The site plan is a more detailed exhibit, which will come forward for consideration for approval by the P&Z and/or Council along with a preliminary plat at a subsequent date, if this zoning request is approved as proposed. Page 4 of 12 The applicant’s Concept Plan, if approved, becomes part of the proposed zoning ordinance establishing the use and development regulations for this PD1-2 planning district. The Concept Plan shows where the mixed uses would be located on the tract, as well as various public/common areas, plaza, conference center, public buildings such as a Town Hall, and water features for this site. The developer/owner has indicated willingness to also designate a fire station site on the site plan to be submitted (if zoning is approved). All of these uses are designed to integrate, flow together and work harmoniously as a village, or in planning parlance, a mixed-use development. While the applicant has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), extensive improvements will be made to it after zoning is determined. The improvements contemplated on the site are extensive and include landscape and water features as well as streets and other infrastructure. The applicant will, if rezoning is approved, propose construction of these public improvements to be funded by a public improvement district (PID). PID’s may be created under State law and approved by the Town, but creates no financial obligation for the Town (i.e. the Town will not be responsible for repayment of the PID bonds, rather the PID bonds will be paid solely through assessments on the improvements inside and only inside the development). PID’s are a commonly used tool used by municipalities to facilitate a community development, while at the same time, not burdening the municipality financially. There are also other public financing tools available that may be utilized, if they are determined to be a better tool than a PID. If another economic development tool is utilized other than a PID, it too would be configured to place no financial liability on the Town. b. Development Standards. The Development Standards for this Planning District intend to establish standards to achieve the goal of a site design that creates community with a balanced sustainable mix of uses blended as a village. According to these Development Standards, buildings are multi-use and follow the size, scope, scale and variety of a small European village. Further, the Development Standards intend to promote an efficient pedestrian access network between residential and non-residential uses. The physical relationship between the development, adjacent properties, public streets, neighborhoods, and the natural environment is created by: • Site design that mimics the efficient pedestrian patterns that have evolved in European villages • High quality street and sidewalk-oriented environments that support pedestrian mobility and are appropriate to the roadway context Page 5 of 12 • Ensuring large sites are developed in a manner to support and encourage connective, cohesive visual identity, and attractive street scenery. Key design elements have been identified in these Development Standards which are intended to achieve this type of development. They are: 1.) centrally located parking areas, 2.) use of structured parking, 3.) building size and shape variety, 4.) varied orientation of buildings to other buildings and the street, 5.) multiple building faces (4-sided building architectural design), 6.) pedestrian friendly environment and 7.) use of public art as well as sitting and gathering spaces throughout. The Standards espouse being flexible enough “…for creative building solutions, while being prescriptive enough in areas necessary to preserve consistency throughout the development...” Key development features identified in the Development Standards include a plaza, amphitheater, waterfront homes, bridges and water features, chapels, open space with trails and landscaping as in a European village (not suburban commercial development type landscaping). 5. Proposed Design, Pace of Development, Building Size Minimums, Integration of Uses, Density, and Setbacks: a. Design and Integration of Uses. It should be noted that, while this is a mixed used development in terms of land use, it is unlike almost all other mixed use developments that staff is aware of (many of which are located in an urban core area or seek to replicate that experience). While it does incorporate multiple uses as many mixed use developments do, it incorporates multiple uses via the use of the “village concept”. Multiple types of uses are designed as village, configuring and integrating these uses in a harmonious manner around a large water feature, plazas, an amphitheater, bell tower, chapel, public buildings, as well as and other common area design features and open space. The outcome of such a design approach is to integrate these uses to achieve a unique sense of place as a European village where people can gather, live, work, entertain, shop, and recreate. This is a very different approach to the more traditional (in this country) Euclidian type zoning approach that has been prevalent since World War II which sets land uses in separate districts, thus separating commercial and residential land uses, consequently largely separating the interaction of various population groups. b. Density and Setbacks, Minimum Building Size, Pace of Development. Because these multiple uses are integrated in the mixed use village-type fashion proposed, density is dealt with differently. While this development achieves higher density than a typical single family residential development (in many Page 6 of 12 cases there are no building setback requirements as in a traditional zoning districts), the visual impact of this density is different because density is impacted positively by the presence of significant open spaces and gathering spaces into the design (see the proposed Concept Plan), thus integrating the uses. These open spaces, typical of a village, include water features, plazas, amphitheater, bell tower, public art, chapel, public buildings, as well as and other common area design features. There are a total of 322 residential units included in this zoning request. There is more than one type of residential use proposed: Single Family Residential Detached, Villas , and Townhomes (fee simple owner occupied). It should be noted that no apartments or condominiums are proposed in this rezoning application. In order to insure that this will be a true mixed use development and that residential construction will not outpace or be built first in lieu of non-residential construction, pace of development is defined in the proposed ordinance regulating this rezoning request as follows: • For the first year of active development (as defined from the date of the first vertical construction building permit application for PD1-2), the owner/developer shall be entitled to permit up to 30 Residential Units. • From Residential Unit 31 forward, the owner/developer must demonstrate to the Westlake Building Official that a.), for Residential Units 1-30, a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each Residential Unit building permitted thus far and b.) that this same ratio will be maintained for Residential Unit 31 forward. • The owner/developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to- date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six (6) months of being included in the 1,500:1 Residential Unit calculations. Other non-residential developments often use Floor Area Ratio (FAR) to regulate density. FAR is the ratio of a structure’s square footage to the pad site. With this proposed Ordinance, the zoning would not utilize FAR to regulate density, but would limit density by height restriction and lot area coverage. Setbacks are set at “no minimum” for front, rear, and side yards to facilitate mixed use development. Minimum residential building (single family and town homes) sizes are set out in Exhibit 7 of the proposed Ordinance. Minimum Page 7 of 12 building size is set at 400 sq. ft. for non-residential primary use structures to facilitate mixed use design for the development. c. Design Guidelines, Building Design, Lighting, Parking, and Architecture. The Design Guidelines establish design principles for PD1-2 that shape building design including building massing, scale and rhythm, architectural elements, entrances, façade treatments, lighting, signage, and streetscape. Each permanent structure must have building elevation review and approval from the Town prior to issuance of a building permit. Additionally, only durable materials such as clay fired brick, natural stone, granite, marble, stucco, and manufactured stone or EIFS (when approved on a case by case basis via the Site Plan approval process), and will be considered primary materials for buildings in Westlake Entrada. Native Texas stone materials will be given primary consideration in the building material selection process. Primary materials as describe here must comprise at least 80% of each floor, excluding windows and doors. Other building material standards are contained in the proposed Zoning Ordinance for this request as well. Architecture will emphasis Spanish-Mission or Spanish type architecture. Four-sided architecture is required for all buildings. Residential and townhomes structures must have have 80% stone exterior wall materials. No composition roofs are allowed. Roofing materials are limited to natural slate or authentic clay tile, or have the appearance of slate or clay tile. Flat roofing systems may me used where appropriately masked from street-level view corridors by parapets and/or other architectural features. Standing seam metal roofing may only be used for minor areas such as porches and patios and in areas not generally visible. A lighting plan must be submitted at the site plan stage. Lighting must meet reflect Town standards established by ordinance. Limited up-lighting may be considered in the lighting for the chapel, bell tower, and town hall. Overhead lighting for public and private parking areas must use full shielded and/or full cut- off fixtures. Parking standards for a mixed-use development are set out in the proposed Zoning Ordinance. Additionally, other Town ordinances for parking apply unless a parking analysis for a specific use is provided at site plan application and approved by the Town. Parking garages are permitted, however, if they are visible from streets or adjacent property, they shall have an architecturally finished façade compatible with surround buildings and look like a regular Page 8 of 12 building, not a parking garage, unless approved otherwise by the Council via the site plan process. d. Sign Regulations. Sign regulations proposed in the Sign Standards for this rezoning request are the same or similar to those used on Planning Districts located in the property known as the Circle T Ranch in Planning District 3-4. Additionally, the Design Guidelines speak to signage in this development as well. 6. Financial Impact Analysis. Should this zoning change request be approved, infrastructure construction for the development is the responsibility of the owner/developer. Impact of this zoning change request on Town services has been analyzed. Public safety services (i.e. police, fire, and EMS) have much capacity at current levels and thus, 1.) this development would not add cost in that regard and 2.) it would generate revenue to support existing levels of public safety service for the remainder of the Town. Water and sewer capacity exists to serve this development, although the developer is responsible for the cost of installation of water and sewer infrastructure within this development as well as any off-site water and sewer lines necessary to connect this property to the Town’s water and sewer system. Street infrastructure within the development would be constructed at the developer’s cost and if the streets within the development are proposed to be dedicated to the Town, the Town (at the time of platting and site plan consideration) will require the developer/owner to create a home owners’ association (or similar type organization) to be responsible for funding street maintenance costs. Any improvement identified by the required traffic study that shows this development creates the need for traffic signals on FM 1938 or Solana Boulevard or any other improvements (i.e. widening) to Solana Boulevard will be the developer’s cost responsibility and will be addressed via a development agreement required prior to approval of the preliminary plat. Finally, costs of installation and maintenance of any publicly accessible open space or trails within the development will be the responsibility of the developer/owner and will be addressed by development agreement considered prior to the preliminary plat. 7. Utilities: Water and sewer utilities are to be provided by the Town and service is available to the subject site. Any dedication of water and sewer easements for public lines will be dealt Page 9 of 12 with at the time of preliminary plat approval. All on-site and off-site water and sewer improvements necessary to serve the development are the developer’s responsibility. 8. Access/Site Boundary Streets/Thoroughfare Plan: The subject tract is served by SH 114, FM 1938 (Davis Boulevard), and Solana Boulevard. FM 1938 is classified as a major collector by the Town’s approved thoroughfare plan in the Approved Comprehensive Plan, while Solana Boulevard is classified as collector . FM 1938 was recently improved and was designed with the capacity to serve this site. Streetscaping alongside of the site adjoining FM 1938 will need to comport to the Town’s FM 1938 Streetscape Plan. Solana Boulevard adjoining the south side of this tract presently is constructed only as one-half of a future 4 lane divided (median) roadway. As such, the northern 2 lanes of Solana Boulevard will need to be constructed adjacent to this tract to provide adequate safety, traffic movement, access and capacity to serve this site on its south side. Solana Boulevard improvement will be a requirement stipulated in a development agreement that will be approved at the time of the site plan/plat approval (which will be considered at a future date). The applicant has prepared a traffic impact analysis of their development that staff has used as a part of making these determinations. The applicant will be required to pay a pro- rata share of the costs for signalization of the intersection of Davis Blvd. and Solana Blvd. when traffic levels warrant it. Streets internal to the PD1-2 Planning District will be laid out and established through the site plan and platting approval process at a future date, at which time determinations will be made as to their location, capacity, and status as public or private streets. All streets, public or private, within the development will meet the Roadway Design Standards included in this Ordinance. If streets are to be public, they will be dedicated by plat. Ingress/egress points (driveways) to the site are shown on the concept plan, but will be finalized at the time of site plan approval. Ingress/egress is shown on FM 1938 and Solana Boulevard. There is no ingress/egress point proposed to SH 114 on the north side of the site (this is controlled by TxDOT and involves significant utility relocation if a driveway point were to be pursued for this location.) 9. Infrastructure(Generally)/Roadway Design Standards/Drainage: a) Infrastructure (Generally). The applicant has submitted a Concept Plan for the proposed use on the proposed PD1-2 site which is attached and becomes part of the proposed zoning ordinance establishing the uses and development regulations for this planning district. The Concept Plan shows the general locations of internal street infrastructure, ingress/egress Page 10 of 12 points, as well as general locations of various common areas and water features for this site. While the developer has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), extensive improvements will be made after zoning is determined. The improvements contemplated on the site are extensive and include many landscape and water features as well as streets and other infrastructure. These improvements are the developer’s responsibility. The Town may, however, decide in the future to consider economic development tools, as allowed by State law, for certain aspects of site development (for example, the water feature). These economic development tools include a public improvement district (PID) or a tax increment reinvestment zone (TIRZ), that would be negotiated by separate agreement. Further, these would be configured so there is no financial obligation on the Town’s part. PID’s and TIRZ’s are a commonly used economic development tool used in situations like this by Texas municipalities Texas to facilitate a development while not burdening the municipality financially. b) Roadway Design Standards. All streets within the development, whether private or dedicated to the Town, shall meet the Town’s construction standards. Additionally, design standards regarding street widths, with and without parking, for this development, would be established by the Roadway Design Standards adopted with this Ordinance. c) Drainage. Storm water run-off from the site as developed must meet the Town’s standards and likely will make use of the water feature shown on the Concept Plan to meet those requirements. 10. Landscaping, Parking and Streetscaping Requirements: a. Landscaping and Parking. Because a Concept Plan is general in nature, it is not intended to show a detailed landscape plan or parking plan. A detailed landscape plan and parking plan will be required to be submitted at the time of site plan submittal when it is brought forward at a later date for consideration. Landscaping for this development is also described in the Development Standards for this development that would be adopted with the Ordinance. Landscape standards, as proposed in this Ordinance, would be different than in other zoning districts based on the unique nature of this development as a village. Parking as it relates to street design within the development is also described in the Design Guidelines for the development that would be adopted with the Ordinance. Page 11 of 12 Detailed parking requirements are contained in the proposed Zoning Ordinance for this request. If a use is proposed with parking requirements different from those in Town ordinance, a parking analysis must be submitted with the site plan for consideration and possible approval by the Town. b. Streetscaping. A detailed streetscaping plan will be shown on the site plan. The development should comport, on its FM 1938 perimeter, with the Town’s FM 1938 Streetscape Plan. Additionally, this development’s entire perimeter streetscape is shown in general form on the Concept Plan (but will be developed in detail at the time of site plan submittal) and should integrate and transition well in terms of aesthetics with any development that occurs at the southeast corner of FM 1938 and Solana Boulevard. The site’s perimeter streetscaping, if including decorative walls, should include a short (not greater than 3.5 feet in height) masonry wall along FM 1938 and Solana Boulevard (so the village is visible from FM 1938 and Solana Boulevard). Also, streetscape design internal to the development is established within the Design Guidelines that would be adopted with the Ordinance. 11. Pedestrian Circulation and Trail-Sidewalk Connectivity Both Internally and along the Site Perimeter: Connectivity of this zoning district to the Town’s public hike/bike trail should be contemplated by the applicant in their Site Plan submittals. Sidewalks and trails internal to the site will need to connect, by access points, to sidewalks, trails, or pubic rights-of- way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. All these considerations should be finalized at the time of site plan and preliminary plat consideration. The Concept Plan does show a pedestrian trail on their site running in a general east-west direction connecting the Solana office park to east with FM 1938. The trail is proposed in part to parallel the water feature at certain locations along its route through the development. This proposal meets the trail plan in the Town’s Comprehensive Plan. 12. Open Space/Parkland Dedication Open space for PD1-2 shall contain 20% open space as a minimum with said open space determined at site plan. Park land dedication fees shall be dealt with during site plan or platting, unless otherwise agreed to by separate agreement approved by the Town Council. Page 12 of 12 _______________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this zoning change request with the adoption of this Ordinance which includes a legal description of subject site, Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, and Concept Plan for Planning Area 2, PD1-2. Further, Staff wishes to note the items identified above that will be dealt with at submittal of the site plan and/or preliminary plat for this development (note: this is not the final list of site plan and platting items, only those things identified in this report). These include: • Dedication of water and sewer easements for public lines. All on-site and off- site water and sewer improvements necessary to serve the development are the developer’s responsibility. • Solana Boulevard additional lanes on the south side of the subject tract shall be constructed by the developer as stipulated in a development agreement to be executed at site plan/plat approval. • The developer shall pay, via a development agreement, a pro-rata share of the costs for signalization, per a traffic impact study approved by the Town, of the intersection at Davis Blvd. and Solana Blvd or any other intersections near or on his development. • A detailed landscape plan and parking plan must be submitted with the Site Plans. • A detailed streetscaping plan shall be submitted showing how it will be integrating and transitioning well in terms of aesthetics with the development at the southeast corner of FM 1938 and Solana Boulevard. • Sidewalks and trails internal to the site will need to connect by access points to sidewalks, trails, or pubic rights-of-way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. ORDINANCE 703 PAGE 1 OF 89 TOWN OF WESTLAKE ORDINANCE NO. 703 PD1-2 PLANNED DEVELOPMENT 1 PLANNING AREA 2 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 85.9 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 2 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-2) GENERALLY LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; AMENDING THE PERMITTED USES BY ADDING RESIDENTIAL AND ENTERTAINMENT USES TO THE OFFICE AND RETAIL USES CURRENTLY PERMITTED IN THE “PD1” PLANNED DEVELOPMENT DISTRICT THEREBY CREATING A MIXED-USE “VILLAGE STYLE” ZONING DISTRICT; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVIDING A SAVINGS CLAUSE; A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Westlake Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Westlake 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 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 Town of Westlake’s Land Use Map contained in its Comprehensive Plan, was substantially amended in 2004 to reflect used in zoning granted by the Town in the late 1990’s; and WHEREAS, there is located within the corporate limits of the Town of Westlake an approximately 85.9 acre tract of land (commonly known as Planning Area 2 of the PD1 zoning district being the portion of the PD1 zoning district bounded by Solana Boulevard to the south, FM 1938 “Davis Blvd.” to the west, and SH 114 to the north); and ORDINANCE 703 PAGE 2 OF 89 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 FM 1938 (Davis Blvd.), further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for new and unique mixed-use development within the Pla nning Area that will be consistent with the Town's long-term development vision; and 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 amendment of PD 1-2; and WHEREAS, the Commission held a public hearing upon the application of Centurion American to amend the Comprehensive Plan to establish PD 1-2 and approve zoning for PD 1-2 on April 15, 2013, as well as the Town Council held a public hearing on this same application on April 22, 2013 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, all in accordance with law; and WHEREAS, upon t he 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 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 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; 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 by Ordinances 588 and 691, is hereby amended by this PD Ordinance by amending the Planned Development District PD1, Planning Area 2 (PD1-2) within the property described in Exhibit 1 attached hereto by reference for all purposes. This ORDINANCE 703 PAGE 3 OF 89 Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit s 2 thru 7. 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 Council of the Town of Westlake without 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 Two-Thousand ($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 22nd DAY OF April, 2013. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ORDINANCE 703 PAGE 4 OF 89 EXHIBIT A PD1 PLANNING AREA 2 (PD1-2) MIXED-USE “VILLAGE” PLANNED DEVELOPMENT Contents ARTICLE I. GENERAL PROVISIONS ............................................................................................... 5 SECTION 1 SHORT TITLE ........................................................................................................... 5 SECTION 2 PURPOSES ................................................................................................................ 5 SECTION 3 GENERAL DEFINITIONS......................................................................................... 5 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS .................................................... 7 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SIT E PLANS. .......................... 7 ARTICLE II. USES .............................................................................................................................. 8 ARTICLE III. DEVELOPMENT STANDARDS ................................................................................. 18 SECTION 1 DENSITY ................................................................................................................ 18 SECTION 3 MINIMUM LOT WIDTH ........................................................................................ 18 SECTION 4 MAXIMUM BUILDING HEIGHT .......................................................................... 18 SECTION 5 MINIMUM BUILDING SIZE.................................................................................. 19 SECTION 7 REAR YARD SETBACKS ...................................................................................... 19 SECTION 9 SLOPE REQUIREMENTS ...................................................................................... 19 ARTICLE IV. EXHIBITS ................................................................................................................... 33 ORDINANCE 703 PAGE 5 OF 89 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning Area 2 (“PD 1-2”) Village Planned Development Zoning District Ordinance.” or simply as the "PD1-2 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to establish a superior quality mixed-use development with design features and planning elements reminiscent of a European pedestrian scaled village. The Ordinance provides for the integration of vertical and horizontal mixed uses that allow commercial, retail, governmental, hotel, and entertainment uses as well as Single-family detached and Townhome residential uses on the property bounded by Solana Boulevard to the south, FM 1938 (Davis Blvd.) to the west, and SH 114 to the north, and to provide an appropriate transition between the intensity of the SH 114 Corridor to the north and the existing and anticipated residential development to the south. SECTION 3 GENERAL DEFINITIONS 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 at the time of the Adoption of this PD Ordinance and that are applicable to development within the PD District. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Developer means the developer of the tract, or any portion of said tract, covered in this Ordinance as described in the legal description for said entire tract set out in Exhibit 1 to this Ordinance. 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. ORDINANCE 703 PAGE 6 OF 89 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 Commission and/or Council. PD Concept Plan means any one or more of the drawings attached to this PD 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. Residential Unit : Any Building to designed, constructed, and intended to be occupied by a Single-Family. Single-Family, Detached Residential Unit : A Single-Family Residential Unit that may be conveyed with a fee-simple, platted lot and that has no common walls with another structure. Town means the Town of Westlake, Texas or the appropriate Town staff when designated as a reviewing agent. Townhome: A Residential Unit attached to additional Residential Units and/or Non-Residential Uses, that may be conveyed with a fee-simple, platted lot. Town Manager means the Town Manager of the Town of Westlake or his/her designee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as it exist at the time of the adoption of this PD Ordinance. ORDINANCE 703 PAGE 7 OF 89 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 PD1-2 Planning Area shall be governed by the Applicable Town Ordinances. 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. 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, 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. 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 and documents generally labeled as (1) "Concept Plan" and (2) “Concept Plan Key” Except as otherwise provided by this PD Ordinance, each of these drawings and documents are a part of this PD Ordinance, and all graphic depictions and Concept Plan details included in the Concept Plan Key are considered "regulatory" standards. The drawing labeled "Concept Plan" identifies the general boundaries of the PD District. The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 5.2 PD Development Plan If the Council requires, as a condition of establishing the PD district and approving a PD concept plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each plan shall be submitted in 15 copies to the Town Manager or his designee. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the Town Manager, the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to Commission action. A PD development plan may be used where the developer requests or the Commission and/or Council requires certain standards for the PD district to be specified after initial establishment of the PD district, and constitutes an amendment to the approved PD concept plan and PD Ordinance. A ORDINANCE 703 PAGE 8 OF 89 PD development plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD development plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD district creation and to enable developers to satisfy conditions imposed on creation of the district prior to submittal of a PD site plan Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearing process that a zoning change is required to adhere to by State law. ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-2 Planning Area 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. The symbol “NSA” shall mean that the use was not specifically addressed in the original 1992 Zoning Ordinance Land Use Schedule referenced by the original PD1 ordinance. ORDINANCE 703 PAGE 9 OF 89 PD1 PLANNING AREA 2 (PD1-2) – MIXED-USE DEVELOPMENT LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP, NSA= Not Specifically Addressed in the PD1 use table, Blank= Not Allowed, (*) Signifies Uses with special guidelines, see section [Special Uses] PD1 PD1-2 AGRICULTURAL USES Community Garden and/or Vineyards NSA X Farms General (Crops) X X Farms General (Livestock, Ranch) X X Orchard X S Plant Nursery (Growing) X S Plant Nursery (Retail Sales) X S Stables ( As a Business) S Stables (Private Use) S S Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Wind Turbines RESIDENTIAL USES Detached Garage (Private) NSA A Servants/Caretakers Quarters* A A Single-Family Attached (Townhome, Brownstone) X Single-Family Detached X Sport/Tennis Courts (Private) NSA A Swimming Pool (Private) NSA A Temporary Accommodation for Employees/Customers/Visitors* A A INSTITUTIONAL and GOVERNMENTAL USES ORDINANCE 703 PAGE 10 OF 89 Child Daycare (Private; 7 or more)* X S Child Daycare (Public; 7 or more)* X X Church or Place of Worship (with accessory uses)* X X Civic Club X X Clinic X X College or University X X Community Center (Public) X X Data Center NSA X Electric Transformers NSA X Electrical Substation S S Emergency Ambulance Service (Governmental) X X Fire Station X X Government Building X X Heliport/Helistop/Vertistop S S Hospice X S Hospital X S Library X X Nursing/Convalescent Home X X Package and Mailing Service (Private) X X Police Station X X Post Office (Governmental) X X Private Streets/Alleys/Drives NSA X Psychiatric Hospital X S Rehabilitation Care Institution NSA S Retirement Home X X School, K-12 (Private) X X School, K-12 (Public) X X ORDINANCE 703 PAGE 11 OF 89 School, Vocational X X Telecom, Electric, Cable and Fiber Optic Switching Station, Network Op Center X X Surgery Center – Overnight Stay NSA X Use Associated with Religious Institution X X Utility Distribution Lines (Buried)* X X1 Utility Distribution Lines (Overhead)* NSA X2 Utility Shop and Storage S S Water and Sewer Pumping Station (above grade) X S Water and Sewer Pumping Station (below grade) X X Water, Sewer, Electric and Gas Meters X X Water Storage Tank (Elevated or Ground) S S COMMERCIAL USES Accessory Building NSA A Administrative, Medical, or Professional Office NSA X Amphitheater – Public and/or Private - Over 300 seat NSA S Amphitheater – Public and/or Private - 300 seat or less NSA X Antenna and/or Antenna Support Structure, Commercial S S Antenna and/or Antenna Support Structure, Non-Commercial X X Antenna (Stealth, Commercial) X X Antique Shop and Used Furniture X X Aquarium, Bird and / or Pet Shop NSA X Artisan’s Workshop Art Gallery and/or Studio NSA X Assisted Living Facility NSA X Athletic Fields, Public and/or Private (non lighted) NSA X Athletic Fields, Public and/or Private (lighted) NSA S Auto Parts Sales, Inside S X Automobile Car Wash NSA S ORDINANCE 703 PAGE 12 OF 89 Automobile Parking Lot/Garage (Paid and/or Free) NSA S Automotive Repair S Antique shop X Bakery – Custom with onsite production X X Ballroom NSA X Bank, Savings and Loan, or Credit Union X X Barber Shop and/or Beauty Salon X X Bed and Breakfast Inn (less than 12 rooms) NSA S Beer, Liquor & Wine Package Sales S S Bell Tower w/ Residential, Retail, Office and other vertically-integrated uses NSA X Boat Slips NSA X Bicycle / Skateboard / Scooter Shop NSA X Blacksmith Studio NSA X Book or Stationery Store NSA X Boat Slips NSA X Building Material and Hardware Sales, (inside only) X X Business Service NSA X Butcher Shop – (Custom Meat Market) NSA X Camera Store NSA X Cafeteria (Private) NSA X Candy – Confectionary Shop NSA X Candy Shop with onsite production NSA X Castle with adaptive re-use for Residential or any other approved use NSA X Cathedral with adaptive re-use for Residential or any other approved use NSA X Caretaker’s/Guard’s Residence A X Chapel – Wedding Event Center NSA X Children’s Theater NSA X ORDINANCE 703 PAGE 13 OF 89 Cigar a nd Tobacco Shop NSA X Civic/Convention Center X X Cloth Store X X Cobbler / Custom Boot Maker Studio NSA X Coliseum (Public Amphitheater) with or without attached Residential Townhomes NSA X Commercial Amusement, Indoor NSA X Community Centers X X Convenience Store X X Country Club NSA X Conference Center X X Convenience Store without Gas Pumps X X Convenience Store with Gas Pumps X S Clothing store X Custom Clothier with on-site Tailoring NSA X Dance Hall NSA S Dentist and/or Orthodontist NSA X Department Store NSA X Dress Maker with onsite production NSA X Drug Store / Pharmacy / Compounding X X Dry Cleaning & Press-Shop X X Electronics Store and/or Hobby Shop NSA X Farmer’s Market (Indoor and/or Outdoor) NSA S Film Developing & Printing NSA X Firehouse with adaptive re-use into Residential or any other approved use NSA X Florist NSA X Fraternal Organization, Lodge, Fraternity, or Sorority NSA S Furniture, Home Furnishings and Appliance Store NSA X ORDINANCE 703 PAGE 14 OF 89 Glass Blower NSA X Grocery Store X X Gymnastics/Dance Studio NSA X Hardware, Sporting Goods, toys, paint, wall paper X X Health/Fitness Center and/or Salon X X Home Occupation (no more than 250 sq. ft) NSA X Hospital and/or Hospice X X Hostel (up to 40 beds) NSA S Hotel – Major X X Hotel penthouses higher than 735’ MSL NSA S Hotel (Boutique or Limit Service) X S Household Appliance Service and Repair NSA S Household Furniture / Appliances X X Insurance Office X X Information processing X X Jewelry Shop / Repair and/or Optical Goods Store X X Laundromat NSA Laundry/Dry Cleaning (Drop-off and pick-up only) X X Locksmith/Security System Company X X Massage Therapy, Licensed X X Micro-brewery and/or Wine Production (< 30,000 sq ft) NSA S Mobile Food Vendor NSA S Multi-Purpose Event Center X X Museum/Art Gallery X X Musical Instrument Shop X X Offices (General) X X Parking Structure X X ORDINANCE 703 PAGE 15 OF 89 Performing Arts Center and/or Live Theater NSA X Personal Services X X Photography Studio X X Print Shop, Minor X X Private Club NSA S Private Recreation Center X X Public Water Feature (Lake, Moat, Waterway) NSA X Real Estate Sales/Leasing Office X X Restaurant or Cafeteria (Public) X X Restaurant, Drive In X S Retail Stores and Shops (excluding second hand goods) X X Retail/Service Incidental Use NSA X Salon X X Service Station X S Signature Bridges NSA X Shoe repair X X Ski Shop X X Small Engine Repair Shop (no outside storage or display) NSA S Spa, Swimming Pool, Tennis Courts (Public and/or Private) X X Stationary store X X Telecommunications Studio with Offices X X Temporary Building NSA A Theater, Neighborhood (up to 6 screens) NSA X Theater, Regional (up to 24 screens) NSA X Transit Stop NSA X Travel Agency NSA X Variety Store X X ORDINANCE 703 PAGE 16 OF 89 Vineyard NSA X Water Taxi / Lake Cruise NSA X Wedding Chapel NSA X Winery and/or Wine Bar NSA S AMUSEMENT / RECREATION Golf Course (Public or Private) X Park or Playground X X Satellite Dish* X X Non-Commercial Radio Tower S S Recreation Facility, Health Studio X X AUTO SERVICES Truck/Trailer Rental X Auto Body Repair Auto Mechanic Repair S Quick Lube / Oil Change X Vehicle Maintenance (Private) X WHOLESALE TRADE Warehouse / Storage (inside) Warehouse / Storage (outside) Scrap/ Waste Recycling Collection Gas/Chemical Bulk Storage Light Manufacturing / Assembly S Apparel Manufacturing Packaging and /or Distribution Printing, Engraving and related Reproductive Services Distribution of Books / Other Printed Material ORDINANCE 703 PAGE 17 OF 89 1 Including Water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines located within easements approved by the Town. 2 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. SECTION 3 RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential Use Summary Table”. Section 3.1: Pace of Residential Use Development within PD1-2: 3.1.1 For the first year of active development (as defined from the date of the first vertical construction building permit application for PD1-2), Developer shall be entitled to permit up to 30 Residential Units 3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each Residential Unit building permitted. 3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six-months of being included in the 1500:1 Residential Unit calculations. SECTION 4 OTHER PRESCRIBED RESIDENTIAL USES Section 4.1 Townhomes: The Developer may build Townhomes, as further described in Exhibit 7, with the intent that these structures mimic the varied, attached residential components found naturally in a small European Village. Changes in massing of the structures are to be accomplished through the variety in the number of units per building and the orientation of the garage doors where applicable. 1. Townhomes shall be built in clusters of no less than 2 units per contiguous building and no more than 18 units per contiguous building. 2. Townhomes shall be conveyed on a fee-simple, platted lot . Machine Shop Welding Shop ORDINANCE 703 PAGE 18 OF 89 Section 4.3 Single-Family, Detached Residences: The Developer may build Residential Single-Family, Detached Residences within PD1-2 as further described in Exhibit 7. These Units shall be constructed on fee-simple, platted lots. Section 4.5 Coliseum Townhomes and/or Offices: The Develo per may construct a ring of Residential Townhomes and/or Offices along the upper edge of the Coliseum. SECTION 5 OTHER PRESCRIBED COMMERCIAL/RETAIL USES Section 5.1 Outdoor Display of Merchandise 1. All outside display of merchandise shall conform to the following guidelines: a. All outside storage and/or display requires an outdoor display permit from the Town. b. All outside display will be limited to the normal business hours. b. A minimum clear unobstructed width of 48-inches measured from the curb shall be maintained on the public right -of-way/sidewalk. 2. The Town reserves the right to require the removal of any merchandise displayed outside on the public right -of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Maximum Density and FAR: No FAR limitations are imposed by this Ordinance. Maximum dens ity is a function of the scale, size and scope of each phase of the Village Development as prescribed within Exhibit 3 “Westlake Entrada Development Standards” and Exhibit 6 “Westlake Entrada Residential Development Standards” as well as the PD Concept Pla n, the PD Site Plans, any Developer Agreement s and height restrictions established in this Article. SECTION 2 MINIMUM LOT SIZE: Minimum lot size is 400 sq. ft. SECTION 3: MINIMUM LOT WIDTH: There is no minimum lot width. SECTION 4: MAXIMUM BUILDING HEIGHT Section 4.1 The maximum height for all structures located within PD1-2 is 735’ Mean Sea level (MSL) Section 4.2 The following exceptions for this rest riction may be allowed, if approved by Town Council via the Site Plan approval process: 1. Architecturally-correct Bell Towers and Hotel Core Room Towers. ORDINANCE 703 PAGE 19 OF 89 a. Bell Towers designed for occupancy are restricted to 220’ above grade. Architectural Embellishments on the Bell Towers are not to exceed 25% of total Building Height. b. Hotel Core Room Towers are not to exceed 12 Stories above grade. c. Three-story Penthouses may be allowed above Hotel Core Room Tower story restrictions if approved by the Town. Section 4.3 All non-residential floor space provided on the ground floor of a mixed-use building must have a minimum plate height of twelve (12) feet. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Minimum Building Sizes for Residential Units are defined in Exhibit 7. Section 5.2 Minimum building size for any non-residential primary use structure shall be 400 sq ft. Section 5.3 Building size, as used in this section, shall mean heated and air-cond itioned area. SECTION 6 FRONT YARD SETBACKS There shall be no minimum Front Yard Setbacks. SECTION 7 REAR YARD SETBACKS There shall be no minimum Rear Yard Setbacks. SECTION 8 SIDE YARD SETBACKS There shall be no minimum Side Yard Setbacks except as to accommodate Building Code and Fire Code regulations. SECTION 9 GARAGE SETBACKS Garages may be set back from the property line either a distance less than 5’ or a distance greater than 25’ in order to avoid having vehicles parked in the driveway blocking sidewalks or pedestrian access. SECTION 10 SLOPE REQUIREMENTS Section 10.1 The height of non-residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. Section 10.2 All structures shown on an approved Site Plan are exempt from slope -proximity requirements. SECTION 11 BUILDING DESIGN ELEMENTS ORDINANCE 703 PAGE 20 OF 89 The standards and criteria contained in this Section shall be the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance and/or Subd ivision Ordinance, the regulations of this Section shall apply. Section 11.1 Architecture All Permanent Structures to be erected within PD1-2 shall follow the specific Westlake Entrada Design Guidelines submitted as Exhibit 4 to this Ordinance. Section 11.2 Site Plan and Building Elevation Review Each Permanent Structure shall have a final Site Plan and Building Elevation review and approval from the Town prior to issuance of a building permit. This review and approval is to ensure compliance wit h Specific Design Guidelines, overall fit into Westlake Entrada as it matures as a Village, and adherence to the spirit and intent of the foundational framework of a small, European Village. Changes that constitute a material change to the design guidelines will be considered a zoning change and subject to the required zoning change process. Section 11.3 Architectural Embellishments 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (20) feet provide such changes are reflected on the approved S ite Plan. 2. Mechanical equipment, including mechanical/elevator equipment, penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar items may extend up to twenty (20) feet above the actual building height, provided they are completely screened from view a viewed from neighboring property or right-of-ways, and that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building façade(s) or as architectural embellishments as described above, and that such items are reflected on the approved Site Plan. Section 11.4 Residential Exterior Wall Materials: 1. Only durable materials such as clay fired brick, natural stone, granite, marble, stucco and EIFS or manufactured stone (when approved by Town Council) and shall be considered primary exterior wall materials. Native Texas stone materials shall be of primary consideration in the building material selection process. 2. Primary materials shall comprise as least eighty (80) percent of each floor, exclusive of doors and windows. EIFS as a primary building material may only be used when approved by the Town Council via the Site Plan approval process. 3. Only primary building materials are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. ORDINANCE 703 PAGE 21 OF 89 4. Secondary materials used on a building façade are those which comprise less than a total of twenty (20) percent of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, or other materials as approved by the Town Manager. 5. Four -Sided Building Design: All buildings shall be architecturally finished on all sides with the same materials, detailing, and features. 6. Single-family detached houses and Townho mes or villas must have 80% stone exterior wall materials. Section 11.5 Building Entries 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. Each building and separate lease space at grade along the street edge shall have a functioning “Primary Entry” from the sidewalk. Corner entries may count as a Primary Entry for both intersecting street fronts. Section 11.6 Awnings, Canopies, Arcades, & Overhangs 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. 2. The material of awnings and canopies shall be architectural materials that complement the building. 3. Canopies and awnings shall respect the placement of street trees and lighting. 4. All large canopies (i.e. gas stations, banks, etc.) that require structural columns for support shall have a minimum six (6) feet masonry or ornamental iron/steel (or other approved material) finish measured from the finished grade. Materials used on columns and canopies shall be complementary to the building Section 11.7 Building Articulation 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. 2. Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building façade. Design articulation should not apply evenly across the building façade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. Section 11.8 Above-Grade Structured Parking 1. Where parking garages are within views of streets or adjacent property, the portion of the parking garage that is visible shall have an architecturally finished façade compatible with the surrounding buildings and shall look more like regular buildings than parking structures or as approved by Town Council via the Site Plan approval process. ORDINANCE 703 PAGE 22 OF 89 2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. Section 11.9 Projections into Rights-of-Way The following projections shall be permitted into a public easement or right-of-way, provided that 1) no projection shall be permitted into a public easement or right -of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.); 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non-injurious manner. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face. 4. Canopies and/or awnings may project from the building face and may extend into rights- of-way if a minimum sidewalk clearance and/or distance to a street tree of six (6) feet is maintained. Additionally, they may be extended or be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than eighteen (18) inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. 6. Pedestrian Bridges shall be permitted to extend over public right -of-ways and/or private access easements provided that a minimum vertical clearance of 14 feet from side to side, or 17’ from the high point of an arch. Section 11.10 Extensions into Rights-of-Way Outdoor eating areas and outdoor display of retail items for sale may extend into rights-of-way if a minimum sidewalk clearance and/or distance to a street tree of three (3) feet is maintained, provided that no extensions shall be permitted into a public easement or right-of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.). Additionally, a five-foot (5) clear access path must be maintained along the edge of curb within Public Right of Way. Section 11.11 Roofing Material Roofing materials shall be limited to materials approved by t he adopted building code that are either natural slate or authentic clay tile, or have the appearance of slate or clay tile when approved by the Town. Flat roofing systems where appropriately masked from street-level view corridors by parapets and/or other architectural features are permitted. Standing seam metal roofing may be used only for minor areas such as porches and patios and in areas not generally visible. No composition roofs are allowed. Section 11.12 Roof Pitch ORDINANCE 703 PAGE 23 OF 89 No minimum roof pitch prescribed. Roof pitches and orientation should vary to resemble a Village that has developed or evolved over many years. Section 11.13 Non-residential Exterior Wall Materials Exterior wall shall be 100% masonry except for doors and windows. Brick, stone, cast stone, and stucco are approved materials. EIFS or manufactured stone may be approved by the Town Council via the Site Plan approval process. Siding of any type is prohibited. Section 11.14 Gutters and Downspouts. Gutters and down spouts shall be made of anodized metal or copper and all visible gutters to be constructed as half-round design. Section 11.15 Driveways and sidewalks All driveways and sidewalks, other than common area sidewalks, shall be stamped with a Entrada unique Cobblestone Pattern (to be approved by the Town), stained or have an exposed aggregate finish, as allowable to conform to ADA standards. SECTION 12 SIGNAGE Section 12.1 Special sign standards. 1. Subdivision monument signs. Two subdivision monument signs are allo wed at each entrance to a Single-family subdivision or multifamily development. The standards for subdivision monument signs are as follows: a. The signs must be monument signs (whose length exceeds height) and may be located within roadway landscape zones (excluding visibility triangles at intersections). b. Content is limited to the name and logo of the subdivision. c. The maximum size of each monument sign is 40 square feet; the maximum sign area is 24 square feet; and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. d. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. e. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. f. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face unless otherwise approved in the Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 2. Business monument signs (Type 1). Each lot is entitled to one monument sign for each street frontage of the lot. Type 1 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not ORDINANCE 703 PAGE 24 OF 89 advertise products or services shall take precedence. The standards for all type 1 monument signs are as follows: a. Signs ma y be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size and maximum sign area is 20 square feet; (b) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (c) the minimum setback is ten feet, measured from the public right -of-way. f. If the total floor area of a building is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. g. If the total floor area of a building is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. h. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 3. Business monument signs (Type 2). Each building on a lot is entitled to one monument sign for each street frontage of the lot. Type 2 monument sig ns may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 2 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. Maximum sign size is three feet high and six feet long regardless of building size. ORDINANCE 703 PAGE 25 OF 89 f. Each monument sign must be parallel to the street and placed no closer to the street than the "build to line" for the applicable st reet. Where no “build to line” is established, the PD Site Plan will regulate location. g. The space between the sign and the building must be landscaped unless otherwise approved on the Site Plan. h. Signs must not significantly block the flow of pedestrians on the sidewalks. 4. Business group monument signs. The Town would like to encourage buildings to forego erecting individual monument signs in favor of "joint" or "group" monument signs. To further this objective, the Town encourages property owners to designate "group sign areas" as follows: a. A group sign area is any contiguous area (excluding streets, other rights-of-way, and public areas) designated as such by all the owners thereof (using a metes and bounds description). The designation can be made at any time prior to or concurrent with the submission of a site plan for the area, and all such designations are subject to the approval of the board. Land can be removed from any group sign area with the consent of the board and the consent of the owner(s) of the land being removed; provided, however, the area that remains must continue to comply with the requirements of this subsection. Land can also be added to any group sign area with the consent of the board and the consent of the owner(s) of the land being added; provided, however, the expanded area must continue to comply with the requirements of this subsection. b. Each group sign area is entitled to one group monument sign for each primary entrance of the group sign area. Group monument signs may only include the name and logos of buildings and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for group monument signs are as follows: i. Signs may be located within any required front yard. ii. Construction materials are limited to stone, cast stone brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. iii. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. iv. If the total floor area of all buildings within the group sign area is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. v. If the total floor area of all buildings within the group sign area is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right- of-way. ORDINANCE 703 PAGE 26 OF 89 c. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 5. Retail facade signs. Each building on a lot is entitled to facade signs attached to the facades of the building. Facade signs may only include the name of the building and/or the name of business occupants; and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all business facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. Except as provided (g) below, the maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all signs on any one building facade is four percent of the area of the building facade. e. 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 bu ilding facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. f. Signs must be architecturally consistent with the buildings to which they are attached. 6. Large retail façade signs. Each business occupant that occupies at least 25,000 square feet of gross leasable area is entitled to facade signs attached to the facades of the building. Facade signs may only include the name and logo of the building and/or the name and logo of the busine ss occupant, and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all big box retail facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. The maximum aggregate sign area of all signs advertising one business is the lesser of (a) 260 square feet or (b) the greater of 40 square feet or four percent of the street facing building facade occupied by such business. d. Signs must be architecturally consistent with the buildings to which they are attached. 7. Special project entry signs. The PD 1-2 Concept Plan identifies roadway entries into the PD distric t. It is anticipated that these entries will be designed to include special project entry signs which may vary from the standards set forth herein. These special project entry signs will require commission approval as part of a PD site plan. 8. Building identification and directory signs. Each commercial building on a lot is entitled to identification and directory signs attached to the facades of the building. Identification and directory signs are not restricted to the name and logo of the business occupant. The standards for all identification and directory signs are as follows: a. No limit on letters up to four inches high. b. Each building is entitled to one directory sign (not to exceed six square feet) at each main building entrance. c. Each building is entitled to one building identification sign (limited to the name of the building) on each street facing building facade. The maximum sign area of each ORDINANCE 703 PAGE 27 OF 89 building identification sign shall be 24 square feet. Building identification signs may be placed above the first floor spandrel, but not above the roofline. d. Signs can be placed on any building facade. e. Signs must be architecturally consistent with the buildings to which they are attached. 9. Business projecting signs. Within each building each bu siness occupant with a first floor business or an upper floor business that can be accessed directly by exterior stairs is entitled to one projecting sign attached to the facades of the building where the entrance is located. Projecting signs are not restricted to the name and logo of the business occupant. The standards for all business projecting signs are as follows: a. Signs can be placed on any building facade, but not above the first floor spandrel. b. No sign may project more than five feet from a building facade. c. The maximum sign area is 12 square feet; the maximum height is three feet. d. All signs must have a minimum vertical clearance of eight feet above the sidewalk. e. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 10. Business awning signs. Each first floor business occupant or business occupant with a first floor entrance within a building, which business or business entrance has an awning, is entitled to awning signs. Awning signs will be a part of or applied to an awning which is attached to the facades of the building. Awning signs are not restricted to the name and logo of the business occupant. The standards for all awning signs are as follows: a. Signs can be placed on any awning projecting from the building, but not above the first floor spandrel. b. The maximum sign area is eight square feet. c. All awning signs must have a minimum vertical clearance of eight feet above the sidewalk. d. Signs are intended to be primarily graphic. 11. Business hanging signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to one hanging sign suspended from the canopies, colonnades or covered passages of the building. Hanging signs are not restricted to the name and logo of the business occupant. The standards for all hanging signs are as follows: a. Signs can be suspended, so long as perpendicular to the building facade, from canopies, colonnades or covered passages on any building, but not above the first floor spandrel. b. Signs suspended from canopies and colonnades must be centered in the canopy or colonnade from which they are suspended; signs suspended from any covered area between two buildings may not project more than four feet from a building facade. c. The maximum sign area is four and one-half square feet. d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is three inches. e. All signs must have a minimum vertical clearance of eight feet above the sidewalk. f. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 12. Business window signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to window signs painted or applied to the ORDINANCE 703 PAGE 28 OF 89 glass surface of the first floor windows. Window signs are not restricted to the name and logo of the business occupant. The standards for all window signs are as follows: a. Signs can be placed on the glass surface of street facing windows, but not above the first floor spandrel. b. The maximum sign area is 12 square feet. c. The maximum height of each sign is two feet. d. Signs are intended to be primarily graphic. 13 General directional signs. Directional signs are allowed on property (whether platted or not) adjacent to the intersection of two streets. The standards for directional signs are as follows: a. The sign must be a monument sign and may be located within roadway landscape zones, within public rights-of-way (including street medians), and within any required front yard or as approved on the Site Plan. b. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border, for stone and cast stone, or other materials approved by the board. c. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d. Content is limited to words and arrows the only purpose of which is to direct vehicle traffic to "generic" destinations such as "Town Center", "Civic Center", "Recreation Center", "Performing Arts Center", "Equestrian Center", "Lakeside", "Playground", "Hospital", "Library", "Museum", "Country Club", "Sports fields", and other similar terms that generally describe the destination. e. The maximum sign area is eight square feet, and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. There is no minimum setback. f. There is no limit on the number of directional signs. 14. Temporary signs. A residential home builder may place temporary signs, including the builder's name and logo, at subdivision entrances in which such builder is constructing homes. SECTION 13 LANDSCAPE REQUIREMENTS Section 13.1 Landscape Requirements The standards and criteria contained in this Section are the minimum standards for all new development within PD1-2. All landscaping shall be reflected on the required Landscape Plan which is to accompany the Site Plan. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance, the regulations of this Section shall apply. 1. Intent. It is the intent of this section to preserve and enhance the Town's highly visible edge in order to reinforce the rural and natural qualities of the community. This zone can facilitate positive vistas to prominent knolls and valleys while softening development with tree massing that will establish a unique rural environment for the Town, while still protecting view corridors along the Town’s major highways. ORDINANCE 703 PAGE 29 OF 89 2. Compliance with the Town Edge Zone landscape requirements contained in the Town of Westlake Code of Ordinances is amended for this PD to require a landscape zone with an average width of 150 feet, and a minimum width of 50 feet from the State Highway 114 right -of-way. 3. Roadway Landscape Zones for Solana Blvd. and FM 1938 (Davis Blvd.) shall be a minimum 35 feet deep. The required Landscape Plan must include landscaping along FM 1938 (Davis Blvd.) that conforms to the 2011 FM 1938 (Davis Blvd.) Landscape Corridor Plan. 4. Wildflower planting areas along SH 114 and Solana Blvd. shall be detailed in the Landscape Plan. 5. 60 percent of the tree plantings included in the Landscape Plan shall be a minimum three-inch caliper, and 40 percent shall be a minimum of 2” caliper. 6. A Hike and Bike trail will be include in the Landscape Plan which provides connectivity of the Town’s existing and planned trail system. Section 13.2 Interior Village Landscaping Requirements 1. In conditions where paving runs all the way to the front building line as occurs in small European villages, landscaping is not required. The Landscape Plan shall include detailed landscaping around buildings, intersections and parking areas depicted on the Site Plan. Plantings in large-scale containers and window boxes are encouraged if no other landscaping is present. 2. Parking lot landscaping shall comply with Town ordinances u nless a deviation from the Town ordinances is specifically approved by the Town Council via the Site Plan approval process. 3. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 ½) feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be proposed in the Landscape Plan. Section 13.3 Service Equipment and Areas ORDINANCE 703 PAGE 30 OF 89 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and be identified on the Site Plan. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. 3. Screening: a. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets.. b. Screening materials for solid waste collection and loading areas shall be the same as the materials used for the principal building, or a six (6) foot solid masonry wall. Trash dumpsters shall have a door, which shall generally remain closed at all times. c. No internal screening between residential and non-residential uses is required within the boundaries of PD1-2. Screening fences, walls, buffer zones or boundaries between horizontally integrated and vertically integrated uses on single, adjacent and/or adjoining lots or parcels are allowed but not required. Section 13.4 Fencing 1. All fences shall conform to the following standards 2. Fencing is allowed between the primary facade of the building and the build-to-line. 3. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor seating area extends into the adjacent right-of-way. 4. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry and shall conform to the following standards: a. Fences may be built to a maximum seven feet in height. However: i. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a right -of-way line for a roadway or open space corridor; ii. No chain-link fences shall be allowed unless completely screened from adjacent public areas and properties by either structures or by solid landscape screening; iii. No solid wood fencing shall be allowed; and iv. Fences which are greater than 25 percent solid masonry shall be considered solid fencing. v. Precast solid fencing shall require special approval by the Town Council. Section 13.5 Streets and Sight Triangles Within PD1-2 the following street design standards shall apply: 1. Sight triangles for all vehicular intersections shall be established based on the minimum standards reflected in the UDC unless otherwise specified in the Site Plan. 2. Adequate sight distance shall be provided at all intersections throughout the development in accordance with Town ordinances. 3. Nothing contained herein shall vary or supersede public safety requirements of the Town of Westlake as set forth in the Uniform Fire Code and other applicable laws, rules, and regula tions of the Town of Westlake. SECTION 14 OUTDOOR LIGHTING STANDARDS ORDINANCE 703 PAGE 31 OF 89 Section 14.1 Lighting Requirements An Outdoor Lighting Plan must be submitted in conjunction with the required Site Plan. Lighting will to the greatest extent possible reflect the lighting standards established in the Code of Ordinances. The Outdoor Lighting Plan shall include the following: 1. Layout of the proposed fixture locations. 2. The light source. 3. The luminous area for each proposed light source with photometric in foot-candle measurement. 4. The type and height of the light fixture or of the light source above grade. 5. The type of illumination. Section 14.2 Up-Lighting Down-lighting Limited up-lighting may be considered in the Lighting Plan submittal with minimum up-lighting allowed for the Chapel, the Bell Tower and the Town Hall. Up-lighting and Down-lighting specifications required in 13.1 shall be presented in the Lighting Plan. Section 14.3 Parking Area Lighting Overhead lighting for public and private parking areas shall utilize “fully-shielded” and/or “full cut-off” fixtures. In accordance with the Town of Westlake lighting standards contained in the Code of Ordinances and shall be included in the required Lighting Plan submittal. . SECTION 15 PARKING STANDARDS Section 15.1 Required parking shall be located and maintained anywhere within PD1-2, and may also include additional overflow parking as available offsite. Section 15.2 On-street parking and shared parking anywhere within PD1-2 may be counted towards meeting the off-street parking requirement for any use within PD1-2 provided appropriate Joint-Use Parking Agreements are approved and filed as required by the Town. Section 15.3 Parking may be located in structured garages as approved by the Town. Section 15.4 When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. Section 15.5 Speed bumps/humps are not permitted within a fire lane. Section 15.6 In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Town that the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: 1. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. 2. The applicant shall submit a parking analysis, prepared by a registered engineer, to the Town approval. ORDINANCE 703 PAGE 32 OF 89 Section 15.7 Up to seventy-five (75) percent of the parking spaces required for a theater or other place of evening entertainment (after 5:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Section 15.8 Parking spaces shall be provided in accordance with Town ordinances unless a parking analysis is provided with a Site Plan application and is approved by the Town. SECTION 16 UTILITY PLACEMENTS All utility lines and shall be underground. All utility equipment shall be underground or completely screened from view. SECTION 17 OPEN SPACES Section 17.1 The PD1-2 planning area shall contain a minimum of 20% Open Space which is privately owned and publicly accessible. Open Space details shall be included in the Site Plan submittal. Section 17.2 Specific Features to be included in this open-space calculation include: 1. All constant -elevation water features, within free-board limits defined for storm water detention requirements 2. Open, public Plaza and gathering areas 3. Coliseum Acreage and improvements 4. Buffers along SH 114 5. Parkways and medians on streets with on-street parking 6. Other public facilities such as walks, plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. Section 17.3 The open space may not consist of any of the fo llowing elements: 1. Vehicular parking. 2. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. 5. Detention areas not treated as described above. SECTION 18 GENERAL REQUIREMENTS Section 18.1 Development shall reflect the attached PD Concept Plan. (Exhibit 2) Section 18.2 Plats and/or Site Plans submitted for the development shall conform to the data presented and approved on the Concept Plan. 1. Minor changes or corrections on the Concept Plan, the Site Plan, the Landscape Plan or the Outdoor Lighting Plan may be authorized by the Town Manager, if such changes do ORDINANCE 703 PAGE 33 OF 89 not constitute a zoning change that would require public hearing and consideration by Planning and Zoning Commission and/or the Council, and the proposed changes do not: a. Alter the uses permitted, b. Increase the building height, c. Change density d. Reduce the building lines provided at the boundary of the site e. Significantly alter any open space plans. f. Affect quality standards. SECTION 19 PUBLIC ROADWAYS AND STANDARDS Roadway Design Standards will adhere to Exhibit 5 as prescribed. Roadway cross sections, while comporting to this standard, will be examined on a case by case basis with each Site Plan submittal and may be modified depending on adjacent uses and structures as may be approved by the Town. ARTICLE VI. EXHIBITS EXHIBIT 1 Legal Description of PD1-2 District Exhibit A1 – Graphic drawing of PD1-2. EXHIBIT 2 PD Concept Plan EXHIBIT 3 Westlake Entrada Development Standards EXHIBIT 4 Westlake Entrada Design Standards EXHIBIT 5 Westlake Entrada Public Roadway Standards EXHIBIT 6 Westlake Entrada Residential Development Standards EXHIBIT 7 Westlake Entrada Residential Use Summary Table ORDINANCE 703 PAGE 34 OF 89 LEGAL DESCRIPTION EXHIBIT 1 Legal Description of PD1-2 District 85.90 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right -of-way as dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet; THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right-of-way, as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746, Deed Records of Tarrant County, Texas the following: Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the end of said curve; North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03 seconds West a distance of 201.11 feet; Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet; Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at the end of a said curve; North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet; Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with Graham cap; ORDINANCE 703 PAGE 35 OF 89 North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with Graham cap on the easterly right -of-way line of Precinct Line Road, a variable width right -of-way, as described in Dedication Deed to Town of Westlake as recorded under Instrument No. D20 8427746, Deed Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet; THENCE along the easterly right-of-way line of Precinct Line Road, the following; Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with Graham cap; North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the southerly right-of-way line of State Highway 114 (a variable width ROW); THENCE along the southerly right -of-way line of State Highway 114, the following; North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees 48 minutes 28 seconds West a distance of 0.43 feet; South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of Transportation brass disk in concrete found; South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet; Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass disk in concrete found; South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of Transportation brass disk in concrete found; South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet; Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No. 1; THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron ORDINANCE 703 PAGE 36 OF 89 rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake Park Addition No. 1; THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in the west line of Lot 2, Block 1; THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less. 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