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HomeMy WebLinkAbout03-18-04 PZ Agenda PacketNotice is hereby given that the Planning and Zoning Commission of the Town of Westlake, Texas will hold a meeting at 7:30 pens. on Thursday, March 18, 2004, at the Westlake Town Hall, 2650 J.T. Ottinger Road, in the Town of Westlake, Texas, to consider the following agenda 1. Meeting called to order and announce a quorum. 2. Review and approve the minutes of the meeting held on February 26, 2004. 3. Conduct a Public Hearing and take any appropriate action regarding an application for a specific use permit for a private water well to be located at 1730 J.T. Ottinger Road. 4. Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning for PD -3-3. 5. Adj ournment. 591101A �1`rl711 Y`[�7► 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 15, 2004, at 5:00 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code. Ginger Crosswy, 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. Present: William E. Greenwood, Chairman Allen Heath, Vice Chairman Stan Parchman, Member Sharon Sanden, Member Trent Petty, Town Manager Jeff Williams, Town Engineer Matthew Boyle, Town Attorney Ginger Crosswy, Town Secretary Absent: Hank Barry, Member Item #1: Chairman Greenwood opened the meeting at 7:30 p.m. Item #2: Review and approve minutes of the regular meeting held on July 10, 2003. Motion by Commissioner Heath, seconded by Commissioner Parchman, to approve the minutes as presented. There was no discussion and the motion carried unanimously. Item #3: Conduct a Public Hearing and take any appropriate action regarding a preliminary plat for 13.629 acres located at the southeast corner of J.T. Ottinger Road and Dove Road. The Public Hearing was opened at 7:32 p.m. Mr. Williams explained this item to the Commission and stated that staff recommends approval. Mr. Dale Ridinger, who represented the applicant, was in attendance to answer questions. No one wished to address the Commission and there was a motion by Commissioner Parchman, seconded by Commissioner Heath, to close the Public Hearing. There was no discussion and the motion carried unanimously. There was a motion by Commissioner Heath, seconded by Commissioner Sanden, to recommend approval of the preliminary plat application to the Board of Aldermen. There was no discussion and the motion carried unanimously. Item #4: Consider and take any appropriate action regarding a final plat for 11.629 acres located at the southeast corner of J.T. Ottinger Road and Dove Road. Mr. Petty explained the difference between a preliminary plat and a final plat to the Commissioners and stated that the staff recommended approval of this final plat. There was a motion by Commissioner Sanden, seconded by Commissioner Heath, to recommend approval to the Board of Aldermen. There was no discussion and the motion carried unanimously. Item #5: Conduct a Public Hearing and take any appropriate action regarding an amendment to the comprehensive plan to adopt a new land use map. Mr. Petty spoke concerning this issue and explained the reason this item was needed. There was a lengthy discussion with the Commissioners being assured there would be no golf course on top of the hill west and south of the lake in PD 3-4. The Public Hearing was opened at 7:56 p.m. Russell Laughlin with Hillwood Development Corporation spoke to the Board explaining this item. There was a motion to close the Public Hearing by Commissioner Sanden and seconded by Commissioner Parchman. There was no further discussion and the Public Hearing was closed. There was a motion by Commissioner Ileath, seconded by Commissioner Sanden, to recommend. approval of the amendment to the comprehensive plan denoting the changes that the hill is not public golf course, that the Town's intent is for a public open space there and the golf course is not to extend up to the southern. boundary of the lake. There was no further discussion and the motion carried unanimously. Item #6: Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirements for PD 3-4. Mr. Petty spoke regarding this item and item no 8 saying the applicant wished to move the current zoning requirements in PD 3-5 to PD 3-4 and move the zoning requirements currently in PD 3-5 to PD 3-4. The mall would then be moved out of PD 3-5 and into PD 3-4 which would make it more accessible to the traffic on State Highway 114. The applicant would like to move the hotel use from PD 3-3 and put it into PD 3-4. The Public Hearing was opened at 8:06 p.m. Mr. Russell Laughlin with Hillwood Development Corporation spoke concerning this item and introduced Mr. Bill Moston who represented General Growth, Inc. Mr. Moston spoke to the Commission explaining the proposed concept plan for PD 3-4 and answered many questions from the Commission. Mr. Petty explained to the Commission that staff would only bring a zoning case forward if they felt that the change to the zoning is better for the Town than the zoning in place. Dr. Joseph Bonola of 1800 Barrington Drive in Keller asked if plans for a permanent fire station were included in the proposed zoning. Mr. Petty assured Dr. Bonola that it was in PD 3-4 or PD 3-5. Commissioner Heath asked if the exhibits not included in the proposed zoning package received by the Commissioners would be the exhibits with the current zoning documents and was told that was correct. There was a motion by Commissioner Sanden, seconded by Commissioner Parchman, to close the Public Hearing. There was no further discussion and the motion carried unanimously. There was a motion by Commissioner Heath, seconded by Commissioner Sanden, to recommend conditional approval of the proposed zone change for PD 3-4, said approval being conditioned upon the future submittal, review and approval of all master plan updates and related zoning amendments to PD 3- 3. In the event the master plans are not adopted or if the related zoning for PD 3-3 is not adopted, then this action shall be void and of no effect. There was no discussion and the motion carried unanimously. Item #7: Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirements for PD 3-3. Mr. Petty told the Commission this item should be tabled as it is not ready for review. There was a motion by Commissioner Heath, seconded by Commissioner Parchman, to table this item. There was no discussion and the motion carried unanimously. Item 48: Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirements for PD 3-5. Mr. Petty spoke telling the Board that most of this information was covered under item #b but in moving the zoning requirements from PD 3-4 into PD 3-5 the residential units in PD 3-5 would be reduced from 457 to 275. Mr. Petty also stated there is no concept plan for PD 3-5 at this time. The Public Hearing was opened at 9:03 p.m. Mr. Laughlin told the Commissioners the concept plan would be brought to them at a later date. There was a motion by Commissioner Heath, seconded by Commissioner Sanden, to close the Public Hearing. There was no discussion and the motion carried unanimously. There was a motion by Commissioner Parchman, seconded by Commissioner Sanden, to recommend conditional approval of the proposed zone change for PD 3-5, said approval being conditioned upon the future submittal, review and approval of all master plan updates and related zoning amendments to PD 3-3. In the event the master plans are not adopted or if the related zoning for PD 3-3 is not adopted, then this action shall be void and of no effect. There was no discussion and the motion carried unanimously. Item #9: There was a motion by Commissioner Sanden, seconded by Commissioner Parchman, to adjourn. There was no discussion and the motion carried unanimously and the meeting was adjourned at 9:10 p.m. Approved by the Planning & Zoning Commission on )2004. ATTEST: William E. Greenwood, Chairman Ginger Crosswy, Town Secretary Town of Westlake To: Planning and Zoning Commission From: Trent Petty, Town Manager Subject: Meeting of March 18, 2004 Date: March 15, 2004 ITEM Conduct a Public Hearing and take any appropriate action regarding an application for a specific use permit for a private water well to be located at 1730 J.T. Ottinger Road. Staff recommends approval. 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 potable water, 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. The location of the proposed water well is well inside the limits of the property. 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. As the subject property backs up to Ottinger Road, and this is a private well, we do not see the need for dedicated rights-of-way or easements for the access roads. As the Town considers the application for a Special Use Permit ("SUP") for a water well, it is important that we establish the appropriate standard of review. Special 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 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 rule of capture with respect to both its water and petroleum resources. That rule can best be 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 the 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., l 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, it would be improper for the Town to take into consideration the potential impact on the underground water supply when examining the water well SUP application. Instead, the Planning and Zoning Commission and the Board should limit their review to the compatibility of the proposed use with surrounding properties and uses. in summary, the SUP application filed by Kenny and Becky Rogers for 1730 Ottinger Road 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. Mar 09 04 05:37p thomas Pritchett 972-484-1230 p.2 0 A 972-484-1230 p.2 0 TOWN OF WESTLAKE -DRAM STLAKE, TEXAS, HE AN ORDINANCE OF THE TOWN OF W ENDTI� � BY COMPREHENSIVE ZONING ORDINANCE OF THE TOWOF WESTLAKE, LOCATED AT GRANTING A SPECIAL USE PE SEVERABILITY CLAUSE; PROVIDING WATER 1730 J.T. GTTINGEI2 ROAD; PROVIDING � A BILIT SUM OF TWO FOR A PENALTY OF A FINE NOT TO EXCEED DERELIEF; AND PIgGVID ®GSFt)IZ ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE AN EFFECTIVE DATE. WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of facts presented on the application for a Special Use Permit and at the public hearings on same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; of 2. That the proposed use is not inconsistent with: upon irsonly foreseeable ation of the term of thesSpec�al Use jacent and nearby property anticipated to be in place pon A p Permit; and (b) the use of the property contemplated by the Tom's Comprehensive Plan, as in effect on the date of granting of said permit; 3. That the proposed use will not impair development ' of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect dtTown's a d as ocontemplated hfare Plan by he Totraffic wn's patterns, as in effect at the time of granting of said permit, Comprehensive Plan. E AS, the Planning and Zoning Commission of Oown oes Westlake Westlake Board of Aldermen. in compliance with the Code of of hTown of Westlake and State Law with reference to the granting of SpecialUse Permits d therwisderthe Zoning and alter ho d nginance g hearingds Zoning Map, have given the requisite notices by publication an and affording a fail and fair process to all property owners the rally,Board to the persons Aldermen of Ther steel �d situated in the affected area and in the vicinity thereof, Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION l.e That all matters stated in the preamble are found to be true and correct and are incorporatedhereinas if copied in their entirety. SECTION 26 That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be, and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Special Use Permit, for a private water well, located within the property at 1730 J.T. Ottinger Road owned by Kenny and Becky Rogers. SECTION 3: That the above described property shall be used only in the manner and for the Unified Development Coded of a Sthe o ep rehensive al Use Permitnand apprdinroval ofnce of tan purpose provided in the Town of Westlake as herein amended by the granting P associated location plan for private water well and incorporated herein by reference. SECTION 4: That any person, firm or corporation �ovoT� ��� � of he1e provisions C omprehens®re Zoning this o rdinance s hall b e subject t o t he rms of s ame p enalty ti p Ordinance of the Town of Westlake, and upon convictioshall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. SECTION 5: If any section, paragraph,subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 22nd DAY OF MARCH 2004. ATTEST: Ginger Crosswy, Town Secretary L L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Trent O. Petty, Town Manager 0 TO: Planning and Zoning Commission FROM: Mr. Trent Petty, Town Manager Mr. Stan Lowry, Town Attorney Mr. Jeff Williams, Town Engineer SUBJECT: Meeting of March 18, 2004 DATE: March 12, 2004 ITEMS Consider a zoning case to amend the land area of PD 3-3. COMMENDATION The Staff has reviewed the proposed modification to PD 3-3 and it is strictly a change in land area. The land uses within the PD will not change. BACKGROUND The Commission approved amendments to PD 3-4 and PD 3-5 at the previous meeting to accommodate the relocation of the proposed regional mall. The amendment to PD 3-4 included moving land area from PD 3-3 into PD 3-4. The land area of PD 3-3 will decrease in size from 516.0 acres to 349.59 acres. V U d ..... I W ...... M 'I >> f l � FZ, I :% Cy I• dQ '': • 3 SCC 54 3Y`E S], � J } } 3 LyOwn q IJ R� i,; �.,So •, 2..nDn �1 i d try _ CO 44 'r n w R Z < m ' r C•y of � .. :. j� 1 > r E b t _ .. i ,� � I, �. i ,.. d -, ; ... ..,... ... .. - 0 , • WEI jmq W .4P'Ic4 , Am. ... p v a °c , u N N W icy C � E;N, -6-7 I , v AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AN APPROXIMATELY 365 ACRE TRACT OF LAND GENERALLY LOCATEDDENTON AND TARRANT COUNTIES, REFLECTS "PD" PLANNED DEVELOPMENT DISTRICT R GOLF, RESORT O . OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; , PROVIDING A CONCEPT PLAN PRIOR a. ISSUANCE OF A BUILDING PERMIT AND LEGAL DESCRIPTION; PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR DEVELOPMENT STAN1..1S; PROVIDFOR AREA • PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING ! '' PROVIDING iFOR A SAVINGS PROVIDING !. 1 DECLARING EFFECTIVE DATE. on August 24, 1992,the Board adopted a Comprehensive • •• Comprehensive for - • and WHEREAS, on November 16, 1992, the Board of Aldermen (sometimes referred to as the "Board") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on August 23, 2003 and WHEREAS, there is located within the corporate limits of the Torr an approximately 365 acre tract of land (commonly known as Planning Area 3 - Resort and hereinafter sometimes referred to as the "Planning Area"); and February 23, 2004 Revised 3/15/2004 PA 3 - Resort Page 1 ORDINANCE 0075 10.00019:0360290.06 Revised: February 24, 2004 WHEREAS, the Board of Aldermen agree that the boundaries for PD 3-3, PD 3-4 and PD 3-5 must be amended and certain uses clarified in order to accommodate a move of a retail shopping mall; and WHEREAS, the Board believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Board has determined to be consistent with the updated 2004 Land Use Plan the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer Plan all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART TT That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 309, is hereby amended by this PD Ordinance, by amending the property described in the attached Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3-3 A" and the date that this Ordinance was adopted by the Board. PART IV 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen Of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. February 23, 2004 Revised 3/15/2004 PA 3 - Resort Page 2 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS DAY OF I -. U, 181- alm Ginger Crosswy, Town Secretary Trent Petty, Town Manager Stan Lowry, Town Attorney February 23, 2004 Revised 3/15/2004 PA 3 - Resort Page 3 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 CIRCLE T PLANNING AREA 3 RESORT ARTICLEI. GENERAL PROVISIONS .................................................................................... I SECTIONI SHORT TITLE ...................................................... ................................................. I SECTION2 PURPOSES .............................................................................................................. I SECTION3 GENERAL DEFINITIONS ..................................................................................... I Section3.1 Usage ............................................................................................................ 1 Section 3.2 Words and Terms Defined .........................Error! Bookmark not defined. SECTION4 PD SUPPLEMENT .................................................................................................. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ..............................................4 Section 5.1 Applicable Town Ordinances ....................................................................... 4 Section 5.2 General Approval Criteria ............................................................................ 5 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS . .................... 5 Section 6.1 I'D Concept Plan ........................................Error! Bookmark not defined. Section 6.2 I'D Development Plans ................................................................................ 6 Section6.3 PD site plans ................................................................................................ 6 ARTICLE11. USES ............................................................................ ......................................... 7 SECTIONI LAND USE SCHEDULE ........................................................................................ 7 SECTION 2 ACCESSORY USES AND STRUCTURES .........................................................16 ARTICLE 111. DEVELOPMENT STANDARDS .................................................................... 17 SECTIONI DENSITY ............................................................................................................... 17 Section1.1 Office ................................................................. --- ................................. 17 Section1.2 Resort Hotel ....................................................... ....... ............................... 17 Section1.3 Single Family ........ .................................................................................... 17 SECTION2 MINIMUM LOT SIZE ......................................... ...... .......................................... 17 Section2.1 Office ......................................................................................................... 17 Section2.2 Resort Hotel .......................................... ......... ........ ............................ ... 17 Section 2.3 Single Family ................................................. -- ....................................... 17 SECTION 3 MINIMUM LOT WIDTH ............................................. .................... ....... .... J8 Section3.1 Office ................. ...... .......... .......... ......... ... - ........................................... 18 Section 3.2 Resort Hotel ................................................................. .................. .......... 18 February 23, 2004 Table of Contents PA 3 - Resort Page i ORDINANCE 007510.00019:0360290,06 Section 3.3 Single Family.............................................................................................18 SECTION 4 MAXIMUM BUILDING HEIGHT.......................................................................19 Section4.1 Office.........................................................................................................19 Section4.2 Resort Hotel...............................................................................................19 Section 4.3 Single Family.............................................................................................19 Section 4.4 Exceptions to Height Requirements...........................................................19 SECTION 5 MINIMUM BUILDING SIZE...............................................................................20 Section5.1 Office.........................................................................................................20 Section5.2 Resort Hotel...............................................................................................20 Section 5.3 Single Family.............................................................................................20 SECTION 6 FRONT YARD SETBACKS.. ............................................................................... 20 Section6.1 Office.........................................................................................................20 Section6.2 Resort Hotel...............................................................................................21 Section 6.3 Single Family.............................................................................................21 Section6.4 General.......................................................................................................21 SECTION 7 REAR YARD SETBACKS...................................................................................22 Section7.1 Office.........................................................................................................22 Section 7.2 Resort Hotel...............................................................................................23 Section7.3 Single Family.............................................................................................23 Section7.4 General.......................................................................................................23 SECTION8 SIDE YARD SETBACKS.....................................................................................24 Section8.1 Office.........................................................................................................24 Section8.2 Resort Hotel...............................................................................................24 Section 8.3 Single Family.............................................................................................24 Section8.4 General.......................................................................................................25 SECTION 9 SLOPE REQUIREMENTS....................................................................................26 Section9.1 Residential Slope...........................................................................................26 Section 9.2 Roadway Slope..............................................................................................26 ARI'ICLE IV. EXHIBITS .........................................................................................................27 EXHIBIT I Legal Description of PD District February 23, 2004 Table of Contents PA 3 - Resort Page ii ORDINANCE 007510.00019:0360290.06 SECTION 1 SHORT 'TITLE This ordinance shall be known and may be cited as the "Circle T Planning Area No. 3 - Resort Planned Development Zoning District Ordinance", or simply as the "PD Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for increased recreation and/or open space opportunities for public use; to provide rural amenities or features that would be of special benefit to the property users or community; to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; to protect or preserve existing historical buildings, structures, features or places; and to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District. Board means the Board of Aldermen of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. 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. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD District means the planned development zoning district established by this PD Ordinance. February 23, 2004 Article I. General Provisions PA 3 - Resort Page 1 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 PD Concept Plan means any one or more of the drawings that must be submitted and approved by the Planning and Zoning Commission and the Board prior to, or simultaneous with a preliminary plat. PD Ordinance means this planned development zoning district ordinance, including any approved PD concept plan. PD Supplement means that certain Circle T Planned Development Zoning District Supplement contained in Ordinance No. 307 and adopted by the Board. Residential area means an area within the PD District devoted to single family residential uses, as identified in the Land Use Schedule in Article 11 of this PD Ordinance. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. M X4 "-Me-►E 2 t V-11] M a 2 JMM UV I "I Concurrently with the adoption of Ordinance 309, the Board adopted the PD Supplement. The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: A. With respect to the office use area, by the "O -Office Park" zoning district standards; B. With respect to the resort hotel use area, by the "R -Local Retail" Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town rovi Ordinances, the terms, provisions and intent of the UDC shall control. February 23, 2004 Article I. General Provisions PA 3 - Resort Page 2 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 Section 5.2 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 Board, the Commission, the Town Manager or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (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, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. Section 6.1 PD Concept Plan. A PD Concept Plan for this PD District shall be approved prior to the approval of any development plans and site plans required by this PD Ordinance. The PD Concept Plan shall comply with the Comprehensive Land Use Plan, the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plan and the Master Drainage Plan of the Town and the UDC Section 6.2 PD Development Plans A PD development plan is required for development within the PD District. The UDC governs the process by which PD development plans are submitted and approved. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article 1, Section 3.4, of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). February 23, 2004 Article I. General Provisions PA 3 - Resort Page 3 ORDINANCE 007510.00019:0360290,06 Revised: February 24, 2004 W1101-131 Buildings, structures, and land within the sub -areas identified on the PD Concept Plan 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" s hall m can t hat t his us e is s pecifically p ermitted a s a n 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 as a principal use. PERMITTED Permitted "X" USES Special Use "S" Accessory "A" AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) X Farms General (Crops) X Farms General (Livestock, Ranch) X Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Stables (Private Use) Stables (As a Business) S RESIDENTIAL USES Single Family Detached x Single Family Zero Lot Line Single Family Attached Duplex Home Occupation X Servants/Caretakers Quarters A Temporary Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A February 23; 2004 Article I. General Provisions PA 3 - Resort Page 4 ORDINANCE 007510,00019:0360290.06 Revised: February 24, 2004 PERMITTED Permitted "X" USES Special Use "S" Accessory "A" INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport HelistopNerti-stop A Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines'' X Utility Shop and Storage S Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) S Water Storage Tank and Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Retirement Home Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic A Child Daycare (Public; 7 or more) A Child Daycare (Private; 7 or more) School, K-12 (Public or Private) School (Vocational) College or University Community Center (Public) Civic Club X Church or Place of Worship X Use Associated to a Religious Inst. X Government Building x Police Station X Fire Station X Library X Data Center February 23, 2004 Article I. General Provisions PA 3 - Resort Page 5 ORDINANCE 007510,00019:0360290.06 Revised: February 24, 2004 PERMITTED Permitted "X" USES Special Use "S" Accessary "A" dLi " COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing Hotel/Motel X Hotel/Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) Laundry/Dry Cleaning (Drop/Pick) A Shoe Repair Beauty Parlor/Barbershop Clothing Store Quick Copy/Duplicating Services Personal Services A Liquor Store Micro -brewery and Wine Production and Sales (<30,000 S.F.) S Grocery Convenience Store Service Station Drug Store Variety Store Bakery Sales Stationery and/or Book Store Antique Shop Ark Gallery/Museums Hardware Store Sporting Goods Paint and Wallpaper Cloth Store Retail Stores - General (Excluding Second Hand Goods) Restaurant, Cafe or Dining Facility X Restaurant, Cafe of Dining Facility serving alcohol S Auto/Truck Parts and Accessories Household Furniture/Appliances (including Sales and Service) Farmer's Market Feed Store Parking Structure X February 23, 2004 Article I. General Provisions PA 3 ® Resort Page 6 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 PERMITTED Permitted "X" USES Special Use "S" Accessory ccessory ",@tS" Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting Vehicle Display and Sales (inside) Medical Laboratory R&D Laboratory Conference Center Live Theater Motion Picture Theater Custom Business Services Electronic Appliances Store and Computer Sales and Service Tavern, Bar or Lounge S Dance Halls/Nightclubs S AMUSEMENT/RECREATION Golf Course (Public or Private) x Park or Playground (Public or Private) X Satellite Dish X Non -Commercial Radio Tower Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) X Golf Clubhouse (Public or Private) X Community Center (Private) x Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility A Golf Pro Shop A3 Health/Spa Facilities (Private) A3 Athletic Fields (Private) A3 Athletic Courts (Private) A4 Equestrian Center x Athletic Courts (Public) A Commercial Amusement (Inside) A Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair February 23, 2004 Article I. General Provisions PA 3 - Resort Page 7 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 PERMITTED Permitted 66X9 USES Special Use "S" Accessory "A" Auto Mechanical Repair Quick Lube/Oil Change Vehicle Maintenance (Private) Vehicle Fueling (Private) WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage Light Manufacturing/Assembly Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books/Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X' Temporary Construction Materials Storage X' Temporary Sales Office X6 RMM 1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Accessory to "Country Club (Private Membership)" and "Golf Clubhouse (Public or Private)" (must be located in the same building as the principal use, or in a separate building that is connected (by pedestrian walkways) to the principal use building). 4. Accessory to "Country Club (Private Membership)" and "Recreation Center (Private)". 5. Limited to period of construction. & Limited to "build out" period. ` "D ! i7►f►�[Kllx.Y.Y�l��il.�.`�i�Z.` IT��iZ�1I111:��I► An accessory use or structure which is customarily incidental to the principal use or structure, and which 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. February 23, 2004 Article I. General Provisions PA 3 - Resort Page 8 ORDINANCE 007510.00019:0360290.06 Revised: February 24, 2004 Section lal Office The maximum aggregate floor area for office uses in this PD District is 164,700 square feet. Section 1,2 Resort Hotel The maximum aggregate floor area for the resort hotel use shall be 500,000 square feet. Section 1.3 Single Family The maximum density for the areas used for single family use areas shall be determined by the minimum lot sizes set forth below. SECTION 2 MINIMUM LOT SIZE Section 2.1 Office The minimum lot size for areas used for office shall be 100,000 square feet. Section 2.2 Resort Hotel The minimum lot size for areas used for the resort hotel shall be 200,000 square feet. Section 2.3 Single Family A. 15.1 acres will be allowed to be developed as single family residential with minimum lot sizes of 6,000 square feet. B. 29.0 acres will be allowed to be developed as single family residential with minimum lot sizes of 12,000 square feet. C. 22.7 acres will be allowed to be developed as single family residential with minimum lot sizes of 15,000 square feet. D. 50.6 acres will be allowed to be developed as single family residential with minimum lot sizes of 30,000 square feet. Section 3.1 Office The minimum lot width for areas used for office shall be 200 feet. Section 3.2 Resort Hotel The minimum lot width for areas used for the resort hotel shall be 200 feet. Section 3.3 Single Family The minimum lot width for the areas used for single family shall be as follows: February 23, 2004 Article III. Development Standards PA 3 - Resort Page 9 ORDINANCE 007510.00019:0360290.06 Revised 3/I5/2004 A. 60 feet for lots in developed in areas allowing 6,000 square foot minimum lots; B. 85 feet for lots developed in areas allowing 12,000 square foot minimum lots; C. 100 feet for lots developed in areas allowing 15,000 square foot minimum lots D. 125 feet for lots developed in areas allowing 30,000 square foot minimum lots. Section 4.1 Office Except as provided below, the maximum height for all structures within the areas used for office shall be the lesser of three stories or 45 feet. Section 4.2 Resort Motel Except as provided below, the maximum height for all structures within the areas used for resort hotel shall be the lesser of five stories or 75 feet. Section 4.3 Single Family Except as provided below, the maximum height for all structures within the areas used for single family shall be the lesser of 2.5 stories or 40 feet. Section 4.4 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. Section 5.1 Office The minimum building size within the areas used for office shall be 3,000 square feet. Section 5.2 Resort Hotel The minimum building size within the area used for resort hotel shall be 3,000 square feet. Section 5.3 Single Family The minimum house size within the areas used for single family shall be as follows: A. 1,500 square feet for lots developed in areas allowing 6,000 square foot minimum lots; B. 1,800 square feet for lots developed in areas allowing 12,000 square foot minimum lots; February 23, 2004 article III. Development Standards PA 3 -Resort Page 10 ORDINANCE 007510.00019:0360290.06 Revised 3/15/2004 C. 2,000 square feet for lots developed in areas allowing 15,000 square foot minimum lots; and D. 2,400 square feet for lots developed in areas allowing 30,000 square foot minimum lots. Section 6.1 Office The minimum front yard within the areas used for office shall be 50 feet. Section 6.2 Resort Hotel The minimum front yard within t he a reas us ed f or r esort ho tel shall be 100 feet. Section 6.3 Single Family The minimum front yard within the areas used for single family shall be as follows: A. no minimum, but staggered for lots developed in areas allowing 6,000 square foot minimum lots; B. 25 feet for lots developed in areas allowing 12,000 square foot minimum lots; C. 35 feet for lots developed in areas allowing 15,000 square foot minimum lots; and D. 40 feet for lots.developed in areas allowing 30,000 square foot minimum lots A. Required front yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard. B. The front yard setback is measured from the front lot line or from the required right-of-way, whichever creates the greater setback. C, If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat, the following structures or portions of structures in the yard along such frontage are governed by the rear yard regulations: swimming pools; game courts; fences; garages; and other accessory buildings. February 23, 2004 Article III. Development Standards PA 3 - resort Page 11 ORDINANCE 007510.00019;0360290.06 Revised 3/15/2004 D. If a corner lot has two street frontages of equal distance, one frontage is governed by the front yard regulations and the other frontage by the side yard regulations. If the comer lot has two street frontages of unequal distance, the shorter frontage is governed by the front yard regulations and the longer by the side yard regulations. Section 7.1 Office The minimum rear yard within areas used for office shall be 25 feet. Section 7.2 Resort Motel The minimum rear yard within areas used for resort hotel shall be 100 feet. Section 7.3 Single Family The minimum rear yard within areas used for single family shall be as follows: A. no minimum, but staggered in areas allowing 6,000 square foot minimum lots; B. 25 feet for lots in areas allowing 12,000 square foot minimum lots; C. 35 feet for lots in areas allowing 15,000 square foot minimum lots; and D. 40 feet for lots in areas allowing 30,000 square foot minimum lots. A. Required rear yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard. B. The rear yard setback is measured from the rear lot line. C. A full rear yard setback is not required for an accessory structure if the structure does not exceed 15 feet in height. Accessory structures include, but are not limited to, swimming pools, game courts, fences, and garages. Where the rear yard is adjacent to an alley, a three-foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required. Section 8.1 Office The minimum side yard within areas used for office shall be 25 feet. February 23, 2004 Article III. Development Standards PA 3 - Resort Page 12 ORDINANCE 007510.00019:0360290.06 Revised 3/15/2004 Section 8.2 Resort Hotel The minimum side yard within areas used for resort hotel shall be 75 feet. Section 8.3 Single Family The minimum side yard within areas used for single family shall be as follows: A. no minimum, but staggered in areas allowing 6,000 square foot minimum lots; B. 10 feet for lots in areas allowing 12,000 square foot minimum lots; C. 15 feet for lots in areas allowing 15,000 square foot minimum lots; and D. 20 feet for lots in areas allowing 30,000 square foot minimum lots. A. Required side yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. B. The side yard setback is measured from the side lot line, except when a front yard is treated as a side yard, in which case, the setback is measured from the lot line or the required right-of-way, whichever creates the greater setback. C. Air conditioning units may be located in the required side yard, but not nearer than one foot to the property line. D. A side yard setback is not required for an accessory structure if the structure does not exceed 15 feet in height and is located in the rear 30 percent of the lot. Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 5:1 (including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line drawn at a slope of 2:1 (including streets and other rights of way) from the right-of-way line of February 23, 2004 Article III. Development Standards PA 3 - Resort Page 13 ORDINANCE 007510.00019:0360290.06 Revised 3/1512004 any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. February 23, 2004 Article 111. Development Standards PA 3 - Resort Page 14 ORDINANCE 007510.00019:0360290.06 Revised 3/15/2004 EXHIBIT I Legal Description of PD District February 23, 2004 Article 111. Development Standards PA 3 - Resort Page 15 ORDINANCE 007510.00019:0360290.06 Revised 3/15/2004 BEING a tract of land situated in the Richard Eads Survey, Abstract Number 393 (Denton County) and Abstract Number 492 (Tarrant County), the J. Bacon Survey, Abstract Number 1565 (Denton County), Abstract Number 2026 (Tarrant County), the Memucan Hunt Survey, Abstract Number 756 (Tarrant County), the Charles Medlin Survey, Abstract Number 823 (Denton County), Abstract Number 1084 (Tarrant County) the Jesse Gibson Survey, Abstract Number 592 (Tarrant County), the G. B. Hendricks Survey, Abstract Number 680 (Tarrant County) and being a portion of that tract of land conveyed to AIL Investments, Ltd., recorded in Volumel3275, Page 542 of Deed Records Tarrant County, Texas and under County Clerk's Number 98-R0052417 of Real Property Records, Denton County Texas and being more particularly described by metes and bounds as follows; BEGINNING at the southwest comer of that tract of land conveyed to FMR Texas Limited Partnership, recorded in Volume 13457, Page 403 of Deed Records, Tarrant County, Texas and under County Clerk's Number 98-R0091571 of Real Property Records, Denton County, Texas; THENCE S 70°3V1 8"W, 349.16 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 253.38 feet, through a central angle of 19°21'24", having a radius of 750.00 feet, the long chord of which bears S 80012'00"W, 252.18 feet; THENCE S 89052'43"W, 362.13 feet; THENCE N 00027'35"E, 858.37 feet; THENCE S 8704310011W, 487.51 feet; THENCE S 00027'39"W, 839.96 feet; THENCE S 89052'38"W, 412.04 feet; THENCE S 88054'36"W, 1253.20 feet; THENCE S 87036'46"W, 138.70 feet; THENCE N 00031'56"E, 1296.32 feet; THENCE S 89049'56"W, 2682.60 feet; THENCE S 00005'13"W, 1321.04 feet; THENCE S 89014'09"W, 1326.57 feet; C&B Job No. 011400.501.1.0059 Tracking No. N/A S#CTR March 15, 2004 C:\Documents and Settings\Ginger\Local Settings\Temporary Internet Files\QLKB42\Rem_PD3 leg.doc Page 1 of 3 THENCE N 00°11'13"W, 337.43 feet; THENCE N 00°14'01"W, 2553.84 feet; THENCE N 89052'59"E, 1186.14 feet; THENCE S 66058'16"E. 192.22 feet; THENCE S 07025'33"E, 180.88 feet; THENCE S 21024147"E, 39.07 feet; THENCE S 11°10'47"E, 94.09 feet; THENCE S 3405857"E, 140.91 feet; THENCE S 54013'31"E, 60.78 feet; THENCE S 23041'47"E, 109.17 feet; THENCE N 89049'56"E, 1012.82 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 479.72 feet, through a central angle of 63°46'21", having a radius of 431.00 feet, the long chord of which bears N 57°56'46"E, 455.34 feet, THENCE N 26°03'35"E, 100.00 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 13 8.3 9 feet, through a central angle of 12°54'51", having a radius of 614.00 feet, the long chord of which bears N 32°31'00"E, 138.10 feet; THENCE N 38°58'25"E, 195.02 feet to the beginning of a non -tangent curve to the left; THENCE with said non -tangent curve to the left, an are distance of 1143.64 feet, through a central angle of 53122'54", having a radius of 1227.50 feet, the long chord of which bears S 76°14'58"E, 1102.73 feet; THENCE N 77003'35"E, 1984.36 feet to the beginning of a curve to the left; THENCE with said curve to the, an arc distance of 540.74 feet, through a central angle of 27121'27", having a radius of 1132.50 feet, the long chord of which bears N 63122'52"E, 535.62 feet; C&B Job No. 011400.501.1.0059 Tracking No. N/A S#CTR March 15, 2004 CADocuments and Settings\Cringer\Local Settings\Temporary Internet Piles\OLKB42\Rem_PD3 leg.doc Page 2 of 3 THENCE N 49042'08"E, 307.68 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 506.78 feet, through a central angle of 28132'13". having a radius of 1017.50 feet, the long chord of which bears N 63'58'14"E, 501.56 feet; THENCE S 09040'08"E, 892.93 feet; THENCE S 16036'28"W, 1518.12 feet; THENCE S 00059'38"E, 573.79 feet; THENCE S 11034'10"E, 564.14 feet to the Point of Beginning and containing 15,888,662 square feet or 364.7' ) acres of land more or less. C&B Job No. 011400.501.1.0059 Tracking No. N/A S#CTR March 15, 2004 CADocuments and Settings\Ginger\Local Settings\Temporary Internet Files\OLKB42\Rem—PD3 leg.doc Page 3 of 3