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HomeMy WebLinkAbout03-22-07 PZ Agenda Packet TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING A G E N D A MARCH 22, 2007 7:00 P.M. TOWN HALL BOARD ROOM 2650 J. T. OTTINGER ROAD 1. CALL TO ORDER. 2. REVIEW AND APPROVE MINUTES OF THE PLANNING AND ZONING COMMISSION MEETING HELD ON DECEMBER 14, 2006. 3. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2209 VAQUERO ESTATES BOULEVARD IN THE VAQUERO ARTHUR ADDITION-PHASE 3; BLK M, LOT 2. 4. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING A ZONING CHANGE REQUEST FOR APPROXIMATELY 54.77 ACRES OF LAND, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1B4; A1510, Tr 1B03; A1510 Tr 7A01 and A1510, Tr 7A01A; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1B1; PREVIOUSLY ZONED R-1 AND OFFICE PARK, INTO ONE RESIDENTIAL PD AND RELATED SITE PLAN. 5. CONSIDER AND TAKE APPROPRIATE ACTION REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1B4; A1510, Tr 1B03; A1510 Tr 7A01 and A1510, Tr 7A01A; A1510, Tr 7A2 and A1510, Tr 7A5; AND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1B1. 6. CONDUCT A PUBLIC HEARING AND TAKE APPROPRIATE ACTION REGARDING AN AMENDMENT TO THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH A RESIDENTIAL AIRPARK “”RA” ZONING CATEGORY. 7. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 2650 J.T. Ottinger Road, Westlake, Texas, on Monday, March 19, 2007, at 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kim Sutter, TRMC, Town Secretary ITEM 3 Planning and Zoning Commission Meeting March 22, 2007 Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Trent Petty, Town Manager Subject: Regular meeting of March 22, 2007 Date: March 13, 2007 ITEM Conduct a Public Hearing and take appropriate action regarding an application for a specific use permit for a private water well to be located at 2209 Vaquero Estates Boulevard in the Vaquero Arthur Addition – Phase 3, Block M, Lot 2. RECOMMENDATIONS Staff recommends approval. BACKGROUND The operation of private water wells supports the policy of the Town to provide for an aesthetic living environment that promotes the development of green spaces, the preservation of trees, and the maintenance of a rural setting. The extensive landscaping, tree preservation and mitigation policies of the Town are in fact dependent on the ability of the development community to maintain the living material in a healthy state. This requires that an alternative source of water, other than public water supply, be utilized. From a planning perspective the siting of a water well should address land use considerations such as compatible land uses, adverse performance impacts, and accessibility. There is ample opportunity to screen the site from adjacent property. In fact, water wells of this type are normally very low in profile and are usually screened by natural trees and vegetation. We do not see the need for dedicated rights-of-way or easements for the access roads, however, the applicant should illustrate how the well will be serviced so as not to interrupt neighboring property owners. As the Town considers the application for a Specific Use Permit (SUP) for a water well, it is important that we establish the appropriate standard of review. Specific Use Permits are generally applied to uses that encompass intensity levels of a type which require special treatment or location to ensure compatibility with surrounding properties and uses. As an example, a convenience store with high traffic volumes and significant outside lighting, should only be allowed adjacent to residential homes when its harmful elements can be alleviated or compensated for by landscape screening, access restrictions, low-glare lighting, or the like. Allowing such a use “by right” would not allow for individual consideration of those factors. Conversely, prohibiting the use entirely would result in certain necessary uses being located only in areas where the use is impractical. Matters such as those discussed above constitute the proper standard of review when considering this SUP application. As is explained below, however, concerns about the protection of the Town’s underground water supply are not a permissible basis for the denial of an SUP for a water well. The State of Texas operates under the same rule of capture with respect to both its water and petroleum resources. That rule can be best summarized by the most definitive Texas Supreme Court case on the issue of water use when it ruled as follows: absent malice or willful waste, landowners have a right to take all the water they can capture under their land and do with it whatever they please, and they will not be liable for their neighbors even if in so doing they deprive their neighbors of the water’s use. Sipriano v. Great Spring Waters of America, Inc., 1 S.W. 3d 75, 76 (Tex. 1999). That decision, which makes clear that neither the Town nor the courts can regulate the amount of water taken from wells, is based on the premise that the Texas legislature has specifically reserved to itself the authority to establish rules regarding groundwater. Id. At 77. The legislative structure regarding the rule of capture has been in place since 1904. Id. At 78. In light of the existing precedent on this matter, the Planning and Zoning Commission and the Board should limit their review to the compatibility of the proposed use with the surrounding properties and uses. In summary, the SUP application filed by Michael Pacillio for 2209 Vaquero Estates Blvd. should be considered based only on any potentially harmful impact its location and placement might have on adjacent properties and uses, exclusive of any consideration of groundwater conservation. In light of the location of the subject water well, and its limited potential impact on surrounding properties and uses, staff recommends approval with the condition that the well head be placed outside of any easements. Conversation with applicant on March 5th confirmed the location of booster pump and pressure tank to be inside the home utility room. ITEM 4 Planning and Zoning Commission Meeting March 22, 2007 Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Trent Petty, Town Manager Subject: Regular meeting of March 22, 2007 Date: March 15, 2007 ITEM 1) Conduct a Public Hearing and take appropriate action regarding zoning change request for the following parcels of land: From R-1 Residential to PD – Planned Development residential district at: • 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1BO3, Charles M. Throop Survey. • 2698 Sam School Rd., being approximately .94 acre parcel described as Lot A1107 Tr 1B3 & A 1510 Tr 1B1, TW. Mann Survey. • 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1510 Tr 7A01, Charles M. Throop Survey. • West side of Sam School Rd., ½ mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1B2 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. And from O – Office Park to PD – Planned Development residential district at: • 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. 2) Consider and take appropriate action regarding an application for a preliminary plat being 54.77 acres, described as the following: • 2650 Sam School Rd., being approximately .94 acre parcel described as Lot A 1510, Tr 1BO3, Charles M. Throop Survey. • 2698 Sam School Rd., being approximately .94 acre parcel described as Lot A1107 Tr 1B3 & A 1510 Tr 1B1, TW. Mann Survey. • 1400 and 1440 Dove Rd., being approximately 37.32 acre parcels described as Lot A 1510 Tr 7A01, Charles M. Throop Survey. • West side of Sam School Rd., ½ mile north of Dove Rd. being approximately 1.88 acre parcel described as Lot 1510 Tr 1B2 & Lot 1107 Tr 1 B4, Charles M. Throop Survey. • 1280 Dove Rd., being approximately 13.72 acre parcel described as Lot A 1510 Trs 7A2 & 7A5, Charles M. Throop Survey. BACKGROUND Paul Spain has assembled five parcels of land in Westlake for which he is proposing a new residential development called Tierra Bella. The Planned Development would rezone four parcels comprised of approximately 41 acres currently zoned R-1 to PD and one parcel comprised of approximately 14 acres currently zoned O - Office Park to PD. The resulting residential PD would result in a new 54 acre subdivision comprised of 33 residential lots ranging in size from 31,021 square feet (.712 acre) to 44,167 square feet (1.01 acres). Since the proposal is to create a residential PD, the applicant had to define the zoning standards in the application. The following table illustrates a comparison of relevant standards in the proposed PD vs. the R-1 zoning standards. Applicant Request R-1 Zoning Standard Minimum lot size .712 acre 1.0 acre Building Setbacks Front 40 ft. 40 ft. Side 20 ft. 20 ft. Rear 20 ft. varying 40 ft. Open Space *23.09 acres *23.09 acres Park Trails provided provided *Comprised of mainly floodplain which all residential subdivisions dedicate to the town. The complete list of development standards as required in Sec. 102-266 (c) is attached. In addition to the zone change request, the developer has submitted necessary applications and backup for his preliminary plat which are described in subsequent backup with that agenda item. Approval of the zoning will prompt the consideration of the preliminary plat. Denial of zoning would result in the need to deny the preliminary plat application as well. The developer has proposed to enter into a developer agreement with the town that contemplates several developer payments and improvements. This agreement does not require the approval of P&Z, but the developer’s offer is attached for your information. ATL-1130134-v2-Wildwood Preliminary Development Agreement 1 DRAFT DEVELOPMENT AGREEMENT AS SUBMITTED BY THE DEVELOPER NOT YET REVIEWED BY TOWN ATTORNEY This Preliminary Development Agreement (hereinafter, the “Agreement”) is made as of the __ day _____, 2007, between the Town of Westlake, Texas (the “Town”) and Terra Land Management, Inc. (“Developer”). RECITALS WHEREAS, Developer is assembling land consisting of four parcels totaling approx. 54.7 acres generally located North of Dove Road and West of Sam School Road and as more particularly described by Exhibit “A” (the “Project”); WHEREAS, Developer desires to develop the Project into a subdivision of approx. 33 single family lots, tentatively to be known as “Wildwood”, and in connection with the proposed development, is applying to the Town for various approvals under the Town’s Unified Development Code (the “Code”), including approval for zoning under Article XI of the Code and platting under Article XIII of the Code; WHEREAS, Developer is an experienced developer of premier residential projects and it is anticipated that the Project, if developed, will be consistent with Town’s Master Plan and will be in the best interest of the Town; WHEREAS, the Project, if developed, will add to the student population at Westlake Academy, a charter school that serves the citizens of the Town and is a unit of the Town; WHEREAS, the Westlake Academy Foundation is a 501(c)(3) non-profit organization whose mission is to support Westlake Academy; WHEREAS, consistent with Chapter 212 of the Texas Local Government Code, and Article XIII of the Code, Town and Developer desire that Developer make certain dedications to the Town and devote certain resources and revenues to the Town to help offset the impact of the Project; WHEREAS, Developer further desires to support Westlake Academy because having an excellent school in the community adds value to the Project and the homes to be built within the Project; WHEREAS, the Town and Developer have negotiated mutually agreeable and advantageous terms upon which Developer is willing to undertake the acquisition of land, and the design, engineering, zoning, and platting of the Project; WHEREAS, Developer, the Town, and the Westlake Academy will derive benefits under this Agreement; WHEREAS, this Agreement sets forth certain preliminary terms and conditions under which the Town and Developer will proceed with consideration of the Project, but nothing in this ATL-1130134-v2-Wildwood Preliminary Development Agreement 2 Agreement is intended to be an agreement by the Town to approve zoning or platting for the Project; NOW, THEREFORE, it is agreed as follows: 1. Recitals. The Recitals stated hereinabove are incorporated in this Agreement. 2. Agreements and Obligations of Developer. If the Project receives the necessary approvals so as to permit Developer to develop the Project, then: (a) Cash Donation to Westlake Academy Foundation. (i) Developer will donate $300,000 cash to the Westlake Academy Foundation. (ii) This donation will be made within five days after the subdivision plat for the Project has been filed with the county clerk and the Town has given final approval of Developer’s subdivision construction plans. (b) On-going Assessments Paid to Westlake Academy Foundation. (i) Promptly following the filing of the subdivision plat for the Project, Developer will adopt and impose deed restrictions upon all lots within the subdivision whereby, upon every re-sale of a home within the Project, the Seller must pay an assessment to Westlake Academy Foundation of .5% of the gross sales price. (The assessment does not apply to an initial sale of newly constructed home by a homebuilder.) (ii) The assessment will last until the earlier of the following dates: (A) if the Westlake Academy Foundation, or any successor foundation, no longer continues to exist; or (C) 25 years from the date of the deed restrictions. (c) Executive Rights. (i) Developer will cause to be transferred to the Town the “executive rights” for exploitation of the oil, gas and other minerals associated with the Project. (ii) This transfer will be made within five days after the subdivision plat for the Project has been filed with the county clerk and the Town has given final approval of Developer’s subdivision construction plans. (iii) The grant of the executive rights shall expire after five years unless there is on-going production of oil or gas, in which case the rights shall expire once production ceases. (d) Royalty Rights. (i) Developer will cause to be transferred to the Town a 20% overriding royalty on the revenues paid to mineral owners from the exploitation of the oil, gas and other minerals associated with the Project. ATL-1130134-v2-Wildwood Preliminary Development Agreement 3 (ii) This transfer will be made within five days after the subdivision plat for the Project has been filed with the county clerk and the Town has given final approval of Developer’s subdivision construction plans. (iii) The grant of the overriding royalty shall expire after five years unless there is on-going production of oil or gas, in which case the royalty shall expire once production ceases. (e) Dedication of Certain Open Space. (i) Developer will convey to the Town in fee simple, excluding any mineral rights, flood plain areas along the two creeks that are within the Project and which are to be planned as open space. (ii) This transfer will be made within five days after the subdivision plat for the Project has been filed with the county clerk and the Town has given final approval of Developer’s subdivision construction plans. (iii) Developer (or a homeowners association for the subdivision) will continue to maintain these open space areas for a period of three years, after which time maintenance will be the obligation of the Town. 3. Covenant Running With the Land. The covenants contained herein shall run with the land and bind all successors, heirs and assignees of the Developer. In addition, following Developer’s acquisition of the land for the Project, a Memorandum of this Agreement may be filed of record in the Deed Records of Tarrant County, Texas as evidence thereof. If a Memorandum of this Agreement is filed of record, then the Town shall execute and deliver to Developer a release (in customary and recordable form) upon denial of the approvals for the Project or the completion of the requirements of this Agreement. 4. Assignment. It is anticipated that Developer will create special purpose affiliate entity to undertake the development of the Project. This Agreement may be assigned by the Developer to any successor owner of the Project. If the Developer assigns any interest under this Agreement, then: (1) the Developer shall promptly give the Town written notice of such assignment; (2) the Developer shall cause the assignee to assume and agree to perform all of Developer’s obligations; and (3) upon such assumption and agreement to perform by the assignee, Developer shall be released from any further obligations hereunder. 5. Default Remedies. If Developer fails to perform its obligations under this Agreement, and if such failure is not cured within thirty (30) days after delivery of written notice thereof to Developer (or if the failure cannot reasonably be cured within thirty (30) days, if Developer fails to promptly commence and thereafter diligently pursue the cure to completion), then the Town may: (a) declare a default and require specific performance; (b) suspend final approval of the public improvements within the Project and suspend approval of building permits and certificates of occupancy for homes within the Project. ATL-1130134-v2-Wildwood Preliminary Development Agreement 4 6. Entire Agreement. This Agreement represents the entire understanding and agreement between the parties, and supersedes any prior agreement, understanding or communication between the parties, with respect to the subject matter hereof. This Agreement may only be amended by a writing executed by both parties. This Agreement may be executed in counterparts, each of which shall be deemed an original, and all of which taken together shall constitute a single instrument. 7. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. 8. Successors. This Agreement shall be binding on the parties and their respective successors and permitted assigns. 9. Unenforceable Terms. In the event any term or provision of this Agreement shall for any reason be declared or held invalid, illegal or unenforceable in any respect by a court of competent jurisdiction, each party shall agree that (a) such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement and (b) such term or provision shall be reformed to render such term or provision valid and enforceable and to reflect the intent of the parties to the maximum extent possible under applicable law or interpreted and construed as if such term was not part of this Agreements. 10. Notices. Any notices given or required to be given pursuant to this Agreement shall be sent by U.S. mail, certified, return receipt requested, to the following addresses, and shall be deemed delivered on the earlier of actual receipt or the first attempted deliver (per the records of the U.S. Postal Service): DEVELOPER: Terra Land Management, Inc. 395 w. Northwest Parkway, Suite 300 Southlake, TX 76092 Attn: Paul Spain or Bobby Harrell with copies to: Edward J. Fields, Jr. Powell Goldstein 2200 Ross Ave., Suite 3200 Dallas, TX 75201 THE TOWN: Trent O. Petty, Town Manager Town of Westlake 2650 J.T. Ottinger Road Westlake, Texas 76262 with copies to: L. Stanton Lowry, Esq. Boyle and Lowry L.L.P. ATL-1130134-v2-Wildwood Preliminary Development Agreement 5 4201 Wingren, Suite 108 Irving, Texas 75062-2763 11. Venue. Venue of any action brought hereunder shall be in Fort Worth, Tarrant County, Texas. 12. Authority to Act . The parties (Town and Developer) each represent and warrant that the signatories on this Agreement are authorized to execute this Agreement and bind his/her principals to the terms and provisions hereof. Each party warrants that any action required to be taken in order for this Agreement to be binding on it has been duly and properly taken prior to the execution of this Agreement. 13. No Third Party Beneficiary Status. Except as expressly stated herein, the terms and provisions of this Agreement are intended solely for the benefit of each party hereto and for the benefit of the Westlake Academy Foundation as a third party beneficiary, and their respective successors or permitted assigns. It is not the intention of the parties to confer third-party beneficiary rights upon any other party, including employees. 14. Further Documents. The parties shall execute such further documents as maybe reasonably necessary or appropriate to accomplish the objectives of this Agreement, as the circumstance with respect to each project shall require. ATL-1130134-v2-Wildwood Preliminary Development Agreement 6 TERRA LAND MANAGEMENT INC. By: M. Paul Spain, President TOWN OF WESTLAKE, TEXAS By: Trent O. Petty, Town Manager ATTEST: Ginger Crossway, Town Secretary FORM APPROVED BY: L. Stanton Lowry, Town Attorney ITEM 5 Planning and Zoning Commission Meeting March 22, 2007 ITEM 6 Planning and Zoning Commission Meeting March 22, 2007 Town of Westlake Memo To: Chairman Bill Greenwood and Members of the Planning and Zoning Commission From: Trent Petty, Town Manager Subject: Regular meeting of March 22, 2007 Date: March 14, 2007 ITEM Conduct a public hearing and take appropriate action regarding an amendment to the Westlake Code of Ordinances to establish a Residential Airpark Zoning category to be considered for Stagecoach Hills. BACKGROUND At the direction of the Board of Aldermen, staff has for many months been advancing discussions with Stagecoach Hills residents to develop a separate zoning category for a residential airpark that would apply only to Stagecoach Hills. Stagecoach Hills is the only residentially zoned property in Westlake that operates a runway for the use of its residents, many of which store their airplanes on their residential lots. As such, the current zoning category of R-1 has no provision for some of the uses and buildings unique to a residential area with a runway. The attached amendment to the Code of Ordinances creates a new zoning category called Residential Airpark. The basis for the ordinance is the current R-1 residential zoning category with several special exceptions. As such, zoning restrictions not specifically addressed in this ordinance will be applied based on the current R-1 category guidelines. If the P&Z and Board of Aldermen approve a new zoning category, the property still has to go through legal rezoning. Staff recommends that if approved, the zoning change for the property owners would be initiated by the Town of Westlake and would include all willing properties in Stagecoach Hills at no charge to these residents. This would be a one time offer. If any resident refused to sign the application to rezone and ever desired to come under the new zoning category, they would have to initiate a zone change on their own behalf, pay a re-zoning fee, and go through the rezoning process on their own time and expense. In addition to the resident’s signatures requesting to be included in the new Residential Airpark zoning category, the Town Attorney will require that each property owner sign an avigation easement to the town which indemnifies the town from any accidents that could occur from activity involving the runway. There are no such easements or protection for the Town in place today. In summary, the Residential Airpark will differ from R-1 Zoning in the following ways: 1. Uses and equipment typically associated with the operation of a private runway will be allowed. This will include fuel storage and equipment necessary to maintain airplanes and the runway. 2. Airplanes will be allowed to use the public streets and all traffic must yield the right of way to taxiing aircraft. 3. Uses encroaching on easements associated with taxiways will be prohibited. 4. Inside and outside storage of airplanes is conditionally permitted. 5. Accessory use buildings may not exceed the square footage of the principal residential use and may under no circumstances exceed 3,000 sq. ft. and/or 18 feet in height. Each lot may not have more than one accessory building over 200 square feet. 6. Accessory use buildings may be constructed with non-masonry materials, or may be all metal with a baked-on pre-painted surface consistent with the color scheme of the principal uses of the RA district as determined by the building official. 7. Accessory use building setbacks are established for taxiways. 8. Avigation easements are required for rezoning. TOWN OF WESTLAKE ORDINANCE NO. _____ AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH A RESIDENTIAL AIRPARK “RA” ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Stagecoach Hills subdivision is the only residential subdivision in Westlake which operates a private airstrip for the benefit of the residents of the subdivision; and WHEREAS, the Stagecoach Hills subdivision consists of approximately 90.02 acres and was annexed into the Town of Westlake after the Town had developed strict development standards that did not take into consideration the unique nature and uses of the Stagecoach Hills subdivision; and WHEREAS, Stagecoach Hills residents overwhelmingly support the creation of a unique zoning district for the Stagecoach Hills subdivision that takes into account existing uses and unique requirements associated with the airstrip; and WHEREAS, the current Town of Westlake Zoning Ordinance does not provide for the uses currently practiced in the Stagecoach Hills subdivision; and WHEREAS, the Board of Aldermen of the Town of Westlake recognize the need to amend the current zoning ordinance to provide for mutually agreeable land uses and development standards within the Stagecoach Hills Subdivision and area immediately adjacent to Roanoke Road. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Section 102-31 of the Code of Ordinances is amended as follows: Sec. 102-31. Zoning map. (a) Designated; rezoning of property. Exhibit A attached to this Ordinance No _____ is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be identified and maintained by the town in accordance with the provisions of this chapter, as amended from time to time. The Official Zoning Map incorporates the rezoning of properties in the town to conform to the Comprehensive Plan and this chapter. (b) Division of town. (1) The town is divided into twelve zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts TABLE INSET: Abbreviated Designation Zoning District Name R-5 Country Residential R-2 Rural Residential R-1 Estate Residential R-0.5 Neighborhood Residential RA Residential Airpark MF Multifamily Residential LR Local Retail O Office Park O-H Office Park--Hotel O-I Office--Industrial Park PD Planned Development District GU Governmental Use SECTION 3 That Section 102-33 of the Code of Ordinances be amended to add a new section f. to read as follows: Purpose of zoning districts. Each zoning district established in this chapter is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the town as follows: (1) Residential districts. f. RA, Residential Airpark. The Residential Airpark district is intended to allow single family residential use in conjunction with private use aviation in subdivisions composed of lots measuring a minimum of one acre (43,560 square feet), excluding all required public dedications, including but not limited to rights-of way, parks and open space. The RA district must comply with all requirements of the R-1 zoning district unless otherwise noted in this Ordinance, or the Land Use Schedule, Section 102-61 and/or the District Development Standards, Section 102-124, Figure 2. SECTION 4 That Section 102-61 Land Use Schedule be amended as follows: WESTLAKE LAND USE SCHEDULE TABLE INSET: SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O O-I AGRICULTURAL USES X X X X X Orchard X X X X X X X X X X Plant nursery (growing) X X X X X Plant nursery (retail sales) X X X Farms general (crops) X X X X Farms general (livestock, ranch) X X X X Veterinarian (indoor kennels) X Veterinarian (outdoor kennels) S S S Stables (private, principal use) S S X X X X Stables (private, accessory use) Stables (as a business) S S RESIDENTIAL USES X X X X X Single-family detached S Single-family zero lot line X Single-family attached X X Private aircraft hangar X Aircraft fuel storage Duplex X X X X X X Home occupation A A A A A Servants/caretakers quarters* A A A A A Temporary accommodation for employees/customers/visitors* A A A A INSTITUTIONAL and GOVERNMENTAL USES Emergency ambulance service X X X Post office (governmental) X X X Mailing service (private) X X X Heliport A S Helistop A S S S S S S S Telephone switching station X X X X Electrical substation S S S X X X X X Utility distribution lines* X X X X Utility shop and storage X S S X X X X X X Sewage pumping station X X X X Water storage tank (elevated or ground) X S S S Retirement home X X SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O O-I Nursing/convalescent home X X Hospice X X X Hospital X X X Psychiatric hospital S X X Clinic S X X X X X X X Child daycare (7 or more)* X A X X X S S S S School, K-12 (public) X S S S S School (vocational) X S X X X College or university S X X X Community center X X X X X Civic club X X X X X S S S S S Church or place of worship* X X X X S S S S S Use associated to a religious institution A X X X Government building X X X X X Police station X X X X X S S S S S Fire station X X X X X Library X X X X X S S S S S Private water wells* S S S S S COMMERCIAL USES Multifamily (apartments) X Offices (general) X X X Studio X X X Banks and financial institutions X X X Information processing X X Hotel/motel with conferencing facility S X S X Laundry/dry cleaning (<3,000 square feet) X X Laundry/dry cleaning (drop/pick) X X X Shoe repair X A A Beauty parlor/barbershop X A X Clothing store X X Quick copy/duplicating services X A X Personal services X X X Grocery X Convenience store X A X Service station X X Drug store X A X Variety store X Bakery sales X Stationery store X A Antique shop X Art gallery X X A SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O O-I Hardware store X X Sporting goods X Paint and wallpaper X X Cloth store X Retail stores--General (excluding secondhand goods) X A Restaurant/cafe (GU not for profit) A S S S Restaurant/cafe with private club S S S Auto/truck parts and accessories S X Household furniture/appliances X X AMUSEMENT/RECREATION X X X X Golf course (public or private) X X X X X X X X X Park or playground X X X X X See division 2 of this article Wireless communications facility See division 2 of this article Noncommercial radio tower S S S Race track operation S Recreation facility, health studio X X X X X S S S S Country club (private membership) X X X X S S S S Tennis, Basketball court, etc. lighted S S S S S X X X X X Tennis, Basketball court, etc. unlighted X X X X X AUTO SERVICES Truck/trailer rental S X Auto body repair S Auto mechanical repair S X Quick lube/oil change X X Vehicle maintenance (private) X X X WHOLESALE TRADE Warehouse/storage (inside) X Warehouse/storage (outside) S Scrap/waste recycling collection and/orstorage S Gas/chemical bulk storage S Light manufacturing/assembly S S X Apparel manufacturing X Packaging and/or distribution X Printing, engraving & related reproductive services X Distribution of books/other printed material X Machine shop S Welding shop S S S S S Temporary batching plant* S S S S SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O O-I OIL & GAS EXPLORATION Drilling S Work-Over/Pulling Unit S Pumpjack S Produced Storage (Tank Batteries) S SIGNS X X X X X Builder directional signs (temp.) Contractor signs (temp.) X X X X X X X X Holiday signs (temp.) X X X Business window signs (temp.) X X Monument signs X X X X Wall signs X X X X X X X Political yard signs (temp.) X X X Decorative banners (temp.) X X X X (*) Signifies uses with special guideline, see section 102-63 (UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5-14-2001; Ord. No. 392, § 2, 5-14-2001; Ord. No. 426, § 4, 9-23- 2002 Ord. No. 456, § 2, 4-12-2004) SECTION 5 That Section 102-122 of the Code of Ordinances is amended to add a new section 102- 122.1, 102-122.2 and 102-122.3 as follows: Sec. 102-122.1 Residential Airpark District (A) In the Residential Airpark (RA) District, the following buildings and uses are permitted as hereinafter specifically provided: (B) The buildings and uses are subject to the general provisions and exceptions set forth in this code: (1) All principal uses in the Residential Airpark District are residential. No accessory buildings shall be permitted on lots that do not have homes built and maintained to standards established in Section 102-33, R-1 District, unless otherwise provided in this Section 102-122. (2) The Residential Airpark District is limited to one residence per lot. A hangar or storage facility shall not be allowed for residential use. (3) All aircraft must be stored in a hangar capable of permanently securing and storing the aircraft, except aircraft may be temporarily tied down outside for a period not to exceed thirty (30) days. (4) Building structures and setbacks: a. Accessory use buildings may not exceed the square footage of the principal residential use and may under no circumstances exceed 3000 sq. ft. or 18 feet in height. Each lot may have not more than one accessory building over 200 square feet. b. Exterior wall building materials. (1) All homes shall be constructed of at least 80 percent standard masonry construction, excluding windows and doors, unless such wall is on a porch, patio, courtyard, or breezeway, in which event, the wall may be of non-masonry construction. (2) Accessory use buildings may be constructed with non-masonry materials, or may be all metal with a baked-on pre-painted surface consistent with the color scheme of the principal uses of the RA district as determined by the building official. c. Building setbacks (1) Residential setback. All setbacks for residential uses in the Residential Airpark District shall be subject to R-1 residential use setbacks as described Section 102-124, Figure 2, Westlake Development District Standards Chart. (2) Accessory building setback. Accessory buildings on residential lots shall meet all front and side yard requirements for primary structures. However when the accessory building is located behind the rear facade of the primary structure, then it may meet the following setback: (a) If the accessory building is 200 square feet or less in area and eight feet or less in height, then it may be set back a minimum of three feet from the property line. (b) If the accessory structure is greater than 200 square feet in area or eight feet in height, then it must be set back one foot from the property line for each one foot in height up to the minimum setback for a primary structure. (c) Notwithstanding the above, any accessory structure garage, airplane hangar, storage building, fence or other obstruction must be setback a minimum of twenty feet from any right-of-way or private access easement (taxiway). Accessory setbacks do not apply to the boundary of the Town. (5) Customary and usual aviation-related activities, including but not limited to takeoffs and landings; construction and maintenance of airport facilities; and other activities incidental to the normal operation of an airport. (6) Greenways, including but not limited to bicycle and pedestrian paths (7) Transportation facilities and improvements. (8) Streets that function as taxiways are allowed in the RA District and may include gates with designs approved by the Fire Marshal at the limit of the taxiways. Airplanes are permitted to operate on taxiways and public streets within the district and shall have right of way over all other vehicular traffic. Sec. 102-122.2 Notices and restrictions required for development within the Residential Airpark (RA) District: (A) An avigation easement is a property right that allows an airport to use the airspace above property that is located within the general vicinity of the flight path of an airport's runway. The purpose of an avigation easement is to allow aircraft to fly at low levels through a given airspace in order to take-off from or land on one or more of an airport's runways. (B) When any property within a Residential Airpark (RA) District is subdivided or platted, the property owner shall dedicate an avigation easement to the Town of Westlake over and across that property. The easement shall hold the Town, public and airfield, harmless from any damages caused by noise, fumes, dust , fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airfield, not including the physical impact of aircraft or parts there of. (C) Notification of Buyers. No person shall sell, nor offer for sale, any property within the RA district unless the prospective buyer has been notified of the fact that the property is within the RA district. When property ownership is transferred, the property deed shall be amended to note that the property is within the RA district. (D) Agree to Noise Abatement. No person shall sell, nor offer for sale, any property within the RA district unless the prospective buyer agrees to follow Aircraft Owners and Pilots Association (AOPA) standard noise abatement procedures, or the most recent noise abatement procedures established at the airport. (E) CC&Rs: The applicant for a subdivision or design review in the RA district shall provide a copy of the CC&Rs in conformance to the requirements listed above. SECTION 6 That Section 102-124, FIGURE 2, WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART TABLE INSET be amended as follows: FIGURE 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART TABLE INSET: Required Landscaping District Density Minimum Principal Building Area Height *Lot Width Bldg. Line Minimum Setbacks Requires Site Plan Side Minimum Lot Size u/a, FAR Front Rear Side Paving R-5 Country Residential (5 ac.) 217,800 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35'200 50 50 30 R-2 Rural Residential (2 ac.) 87,120 s.f. 1 u/a 2,000 s.f. bldg. min. 2.5 st/35'150 50 50 25 R-1 Estate Residential (1 ac.) 43,560 s.f. 1 u/a 1,800 s.f. bldg. min. 2.5 st/35'125 40 40 20 R-O.5 Neighborhood Residential (.5 ac.) 21,780 s.f. 1 u/a 1,500 s.f. bldg. min. 2.5 s.t./35' 100 35 35 15 RA Residential Airpark 43,560 s.f. 1 u/a 1,800 s.f. bldg min 2.5 st/35’125 40 40 20 20%/ MF Multifamily 200,000 s.f. 12 1,000 s.f. avg. 2.5 s.t./35' 200 40* 40* 20* 250 O.S/U yes LR Local Retail 40,000 s.f. 0.20:1 2,000 s.f. 2.5 st/35'200 50* 50* 0 or 4* 20% yes O Office Park 200,000 s.f. 0.25:1 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% yes O-I Office-Light Industrial Park 200,000 s.f. 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 50* 15% yes **PD Planned Development 200,000 s.f. GU Governmental Use No min. 0.25:1 No min. 3 st/50' 200 50 50 25 10 20% * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. SECTION 7 It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8 Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, THIS ___ DAY OF ________, 2007. ____________________________________ Scott Bradley, Mayor ATTEST: _________________________________ ____________________________________ Kim Sutter, TRMC, Town Secretary Trent O. Petty, Town Manager APPROVED AS TO FORM: __________________________________ Stan Lowry, Town Attorney