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HomeMy WebLinkAbout02-26-04 PZ Agenda PacketNotice of Planning and Zoning Commission meeting Page 1 of I TOWN OF WES ! LAKE, 'TEXAS WES IAE NOTICE OF MEETING TO THE CITIZENS OF THE TOWN OF WESTLAKE, TEXAS: Notice is hereby given that the Planning and Zoning Commission of the Town of Westlake, Texas will hold a meeting at 7:30 p.m. on Thursday, February 26, 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 July 10, 2003. 3. Conduct a Public Hearing and take any appropriate action regarding a preliminary plat for 13.629 acres located at the south east corner of J.T. Ottinger Road and Dove Road. 4. Consider and take any appropriate action regarding a final plat for 11.629 acres located at the south east corner of J.T. Ottinger Road and Dove Road. 5. Conduct a Public Hearing and take any appropriate action regarding an amendment to the comprehensive plan to adopt a new land use map. 6. Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirments for PD -3-4. 7. Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirements for PD -31-3- 8. Conduct a Public Hearing and take any appropriate action regarding an amendment to the zoning and concept plan requirements for PD -3-5. 9. 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, February 23, 2004, at 5:00 p.m., under the Open Meetings Act, Chapter 551 of the Texas Government Code. 6111_ � Cross«T\=. Tov cretary 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 817-430-0941 and reasonable accommodations will be made to assist you. L�_.ii,,,.,n„ nrcT/aaanrlac/n7.09,9.604.htm 2/23/2004 Minutes of Planning & Zoning TOWN OF WESTLAKE, TEXAS MINUTES OF THE REGULAR MEETING OF THE PLANNING AND ZONING COMMISSION July 10, 2003 Present: William E. Greenwood, Chairman Allen Heath, Vice Chairman Stan Parchman, Member Sharon Sanden, Member Matthew Boyle, Town Attorney Ginger Crosswy, Town Secretary Absent: Hank Barry, Member Trent Petty, Town Manager Item #1: Chairman Greenwood opened the meeting at 7:30 p.m. Page 1 of 1 [(jLWestl a ke, Texas Item #2: Review and approve minutes of the regular meeting held on May 15, 2003. Motion by Commissioner Parchman, seconded by Commissioner Sanden, to approve the minutes as presented. There was no discussion and the motion carried unanimously. Item #3: Conduct a Public Hearing to consider a request for a Specific Use Permit to allow a private water well to be located at 20 Wyck Hill Lane. Mr. Boyle explained this item to the Commission and stated that staff recommends approval. Mr. Todd Handwerk was in attendance representing the property owners and answered several questions. Chairman Greenwood opened the Public Hearing at 7:35 p.m. No one wished to address the commission and 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 Heath, seconded by Commissioner Sanden, to recommend approval of the SUP application to the Board of Aldermen. There was no discussion and the motion carried unanimously. Item #4: There was a motion by Commissioner Sanden, seconded by Commissioner Heath, to adjourn. The motion carried unanimously and the meeting was adjourned at 7:37 p.m. Approved by the Planning & Zoning Commission on , 2003. ATTEST: William E. Greenwood, Chairman Ginger Crosswy, Town Secretary a file:HC:\My%20Files\OnTheWeb\agendas\pmO71003.htm 2/25/2004 MEMO TO: Planning and Zoning Commission FROM: Mr. Trent Petty, Town Manager Mr. Stan Lowry, Town Attorney Mr. Jeff Williams, Town Engineer SUBJECT: Regular Meeting of February 26, 2004 DATE: February 23, 2004 ITEM Consider a preliminary plat (14.248 acres) and final plat (12.248 acres) for the Paigebrook Estates addition located approximately on the southeast corner of Ottinger Road and Dove Road. RECOMMENDATION The preliminary and final plats are in accordance with the applicable ordinances of the Town; therefore, the Staff recommends adoption of the preliminary and final plats. BACKGROUND The preliminary plat reflects subdividing the property into six (6), two (2) acre residential lots. The final plat excludes the lot on Ottinger Road that contains an existing house; therefore, the final plat contains only five (5) lots. The remainder of the property remains unplatted and contains the existing homes/structures on the property. The final plat also reflects the necessary access, drainage, and utility easements to accommodate the development. Allen & Ridinger Consulting, Inc. ■ 909 W. Main St. Lewisville, Texas 75057 February 23, 2004 Mr. Jeff Williams, P.E. Town Engineer Town of Westlake 2650 J.T. Ottinger Road Westlake, Texas 76262 Re: Comment Responses for Paigebrooke Estates (Preliminary & Final Plats) Dear Mr. Williams: The following is a list of responses along with the corresponding Town comments. We have addressed the platting comments only at this time. We will address engineering comments at a later date and will submit the construction plans as soon as possible. Preliminary Plat a) Comment: The required right-of-way width is 60' on Dttinger Road. half of this width or 30' must be dedicated -on this plat. Response: Per our phone conversation on Friday, February 20, we have provided a 5' water and sanitary sewer easement, in addition to the 25' right-of-way dedication. b) Comment: The emergency access easement shall be 24' in width. Response: We have revised the emergency access easement to 24' in width. c) Comment: The water line easement at the end of the cul-de-sac should be 15' wide. Response: We have revised the water line easement to 15' in width. d) Comment: The right-of-way on Dove Road was dedicated previously by separate instrument. Show the full width of the right-of-way dedication on Dove Road and the various dimensions. Response: We have revised the plat to show the full width of the right-of-way dedication on Dove Road along with the dimensions. e) Comment: Correct the Approval Block for the Town officials. Both the Town Secretary and Mayor will sign. Response: The Approval Block- has beer provided on the Fill al Plot onh'. f) Comment: Add the required note concerning the selling of a portion of the addition by metes and bounds being a violation. Response: This note has been provided on the Final Plat only. ■ TEL 972 353 8000 FAX 972 353 8011 Allen & Ridinger Consulting, Inc. g) Comment: We are unable to get the legal description to close. There is a discrepancy between the legal and the drawing in the ninth call. Please provide a copy of your closure calculations. In addition, indicate the angle and tangent for all curves. Response: The discrepancy has been corrected and a copy of the closure calculations has been provided. The angle and tangent for all curves has been provided in the closure calculations. h) Comment'. Please use the Town's standard dedication statement. Response: This statement has been provided on the Final Plat only. i) Comment: Two comers of the subdivision need to be tied to the Town's coordinate system. Response: A request for the Town's monuments was made on Friday, February 20. In addition, ired. This process is already nderway some additional fiehwork ° bwi11 be able to provide this y our surveyor will be information prior to Thursday's meeting. and we are hopeful we j) Comment: Since the subdivision abuts a.lake, please determine the minimum finished floor elevations on the adjacent lots. Response: The plat has been revised to include a table with minimum finished floor elevations on the adjacent lots. Final Plat a) Comment: The required right-of-way width is 60' on Ottinger Road. Half of this width or 30' must be dedicated on this plat. Response: Per our,phone conversation on Friday, February 20, we have provided a 5' water and sanitary sewer easement, in addition to the 25' right-of-way dedication. b) Comment: The emergency access easement shall be 24' in width. Response: We have revised the emergency access easement to 24' in width. C) Comment: The waterline easement at the end of the cul-de-sac should be 15' wide. Response: We have revised the water line easement to 15' in width. d) Comment: The right-of-way on Dove Road was dedicated previously by separate instrument. Show the full width of the right-of-way dedication on Dove Road and the various dimensions. Response: We have revised the plat to show the full width of the right-of-way dedication on Dove Road along with the dimensions. e.) Comment Correct the Approval Block for the Town officials. Both the Town Secretary and Mayor NA 7] sign. Response: The plat has been revised to include the correct Approval Block. Allen & Ridinger Consulting, Inc. fl Comment: Add the required note concerning the selling of a portion of the addition by metes and bounds being a violation. Response: The plat has been revised to include the required note. g) Comment: We are unable to get the legal description to close. There is a discrepancy between the legal and the drawing in the ninth call. Please provide a copy of your closure calculations. In addition, indicate the angle and tangent for all curves. y of the ure ons has en Response: The angle and tangent for all curves has been e discrepancy has been corrected and a prvzided insthe closure calculations. h) provided. . h) Comment: Please use the Town's standard dedication statement. Response: The plat has been revised using the Town's standard dedication statement_ i) Comment: Two comers of the subdivision need to be tied to the Town's coordinate system Response: A request for the Town's monuments was made on Friday, February 20. In addition, some additional field work by our surveyor will be required. This process is already underway and we are hopeful that we will be able to provide this information prior to Thursday's meeting. j) Comment: Since the subdivision abuts a lake, please determine the minimum finished floor elevations on the adjacent lots. Response: The plat has been revised to include a table with minimum finished floor elevations on the adjacent lots. We appreciate your help on this project. Please call if you have any questions or comments. Thank youVf4/z) Nz, Dale Ridinger Vice President Cc file closure,txt Select figure: Figure Name: <Null> 00-06-54 W Distance: 281.3527 course: N course: N 04-03-13 E Distance 216.7600 Distance: 43.6700 course: N 10-59-29 E 11-59-47 E Distance: 84.6100 course: N course: N 09-16-43 E Distance: 43.1300 Distance: 42.0500 course: N 06-22-12 E N 03-46-11 E Distance: 27.5300 340.9407 course: Course: N 01-25-46 E Distance: Distance: 24.7453 course: s 88-27-01 E 01-04-56 E Distance: 178.7730 Delta: 39-36-07 course: N Arc Length: 85.4130 Radius: 123.5749 Radius: 425.0000 Delta: -49-05-00 Arc Length: 364.0830 89-36-10 E Distance: 761.6703 course: N course: s 00-23-50 E Distance: 50.0000 Radius: 114.0000 Delta: 9-16-17 Arc Length: 18.4471 s 08-52-27 W ce3 Distance: 33.4378 : ce pelta: -9-16-17 course: Arc Length: 13.9162 Radius: 0 Distance: 20.0000 23-08-23 course: 5 00-23-50 E Radius: 225.fl000 pelta: Arc Length: 90.8695 22-44-33 w Distance: 24.6623 Course: 5 Press any key for more... Radius: 125.0000 Delta: 82-34-34 Arc Length: 180.1531 N 74-40-53 W Distance: 69.2353 pelta: -15-03-06 course: Arc Length: 59.1078 Radius: 225.0000 Distance: 176.0704 course: N 89-43-59 W Radius: 175.0000 pelta: -18-51-50 Arc Length: 57.6165 s 71-24-11 w Distance: 195.5963 pelta: -51 -Z2 -OS Course: Arc Length: 156.8973 Radius: 175.0000 Distance: 97.7847 15-i0-57 course: s 20-02-03 W Radius: 175.0000 Delta: Arc Length: 46.3723 35-13-00 w Distance: 29.3073 pelta: -35-58-48 course: s Arc Length: 78.4962 00-45-48 E Radius: 125.0000 Distance: 95.3077 pelta: 136-57-46 course: s Arc Length: 119.5226 Radius: 50.0000 Distance: 234.3094 course: s 13-48-02 E Radius: 159.3800 pelta: -22-06-15 Arc Length: 61.4873 66-35-12 w Distance: 20.3800 pelta: -21-19-14 course: 5 Arc Length: 55.8171 Radius: 150.0000 Distance: 7.4000 45-05-21 course: s 45-15-58 W Radius: 75.0000 pelta: Arc Length: 59.0216 89-38-41 w Distance: 137.2420 course: N Press any key for more... Perimeter: 4683.1858 14.2485 acres Area: 620666.3673 Mapcheck closure - (uses listed coursescouroeo unit,) 15 E Error of closure: 0.00127 Precision 1: 3693198.61 Town of Westlake MEMO To: Chairman and Planning & Zoning Commissioners From: Mr. Trent Petty, Town Manager Mr. Stan Lowry, Town Attorney Subject: Regular Meeting of February 26,2004 Date: February 23, 2004 ITEM Conduct a Public Hearing and take any appropriate action regarding an amendment to the comprehensive plan to adopt a new land use map. RECOMMENDATION Staff recommends approval. BACKGROUND Pursuant to Chapter 211 of the Local Government Code, all zoning changes must be in accordance with a comprehensive land use map. In order for the Planning & Zoning Commission to consider amendments to PD 3-3, PD 3-4 and PD 3-5, the comprehensive plan of the Town must be amended to adopt a new land use map. i•• TOWN OF WESTLAKE ORDINANCE NO. AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE PLAN FOR THE TOWN TO ADOPT A NEW LAND USE MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (the "Board") of Westlake, Texas (the "Town") adopted a Comprehensive Plan (the "Comprehensive Plan") for the Town; and WHEREAS, the Town desires to amend the Comprehensive Plan to adopt a new Land Use Map (the "Land Use Map") in accordance with the provisions of Chapter 213 of the Texas Local Government Code; and WHEREAS, t he Planning a nd Zoning C ommission o f t he T own he Id a dul y - called and noticed public hearing on the herein described amendments to the Comprehensive Plan on February 26, 2004; and WHEREAS, the Planning and Zoning Commission of the Town has recommended to the Board that the hereinafter described Land Use Plan be adopted; 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 the adopting of this Ordinance. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE) TEXAS: SECTION l: That the recitals set forth above and hereby incorporated herein, adopted and declared to be true and correct. SECTION 2: That the Comprehensive Plan is hereby amended to adopt the Land Use Map as attached hereto as Exhibit "A", which said Exhibit is incorporated herein for all purposes. SECTION 3: That the Land Use Map shall contain the following notation in compliance with Section 213.005 of the Texas Local Government Code: "A comprehensive Plan shall not constitute zoning regulations or establish zoning district bo -un dari e s SECTION 4: 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 or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality 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 Alderman of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional or illegal phrase, clause, sentence, paragraph, or section. SECTION 5: This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMAN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 8n DAY OF MARCH, 2004. ATTEST: Ginger Crosswy, Town Secretary APPROVED AS TO FORM; L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Trent Petty, Town Manager W W J O CL E ° (D§ v° m ° e e ac ° ei: o®e g in a O a w C 0 D E E E E E E E R n R n J ►=1 MEMO TO: Planning and Zoning Commission FROM: Mr. Trent Petty, Town Manager Mr. Stan Lowry, Town Attorney Mr. Jeff Williams, Town Engineer SUBJECT: Regular Meeting of February 26, 2004 DATE: February 23, 2004 ITEMS Consider a zoning case to amend the uses allowed in PD3-4 and to enlarge the geographic area contained in PD3-4 by removing area from PD3-3 and PD3-5 and placing that area in PD3-4. RECOMMENDATION The Staff has reviewed the proposed land use modification changes and drafted revisions to PD 3-4 and PD 3-5 as contained in the attached summary table which compares the existing (old) zoning districts to the proposed (new) zoning districts. A zoning change on PD 3-3 will be considered at the next meeting. Most of the land uses are consistent with the previous allowed uses in PD 3-4 and PD 3-5, except that the sub areas have been eliminated and the inclusion of the Concept Plan has been reiterated as a requirement before going forward with development. A. The residential units are being decreased from 457 to 275 units, and a phased construction plan has been added for the purpose of devising a construction schedule for the residential units. B. The resort hotel use has been added to PD3-4 in order to be consistent with the submitted Concept Plan for 3-4. BACKGROUND The applicant has proposed moving the proposed mall and the other related uses from PD3-5 to PD3-4 and the uses in PD3-4 would be transferred to PD3-5. The applicant also requested the area of PD3-4 be increased and the resort hotel use to be allowed. The comprehensive land use plan has been revised and submitted for approval in order to consider this zoning change. The size for PD3-4 would increase from 181.5 acres to 347.9 acres for a net increase of 166.41 acres. Therefore, PD3-3 will decrease in size from 516.0 acres to 349.59 acres. PD 3-5 will change from 200 acres to 153.3 acres reflecting a net decrease of 46.7. rn Np � 0 t C O N 00 C N G Cl G G^ +- G M Vl p O G I1n V7 In M N M M cd cu z V Lrl Ln O G O In Cl O O V. IL+ r - 6J In ~ ,--. Cl 00 N M M Ct M cd In 'CY lc O [V rr a✓ ,� �D N ,_, Ur O' oo V Ir, 3�- N In ry a o [n o � zea o H 07 to O O O In O G O O O V rn N r O, Vr -o N M G p O01 � CY. M O O '� O, . O O Nin N M N C, NV = Lr, r a O r r O p za � 0 o r o 0 o c o' o en o y o c G o c In In tr O O N cr U F y M � d O O CID G L O F E• O G O M C/] ^� v 00 H p O n N o o O O CD N y r N V C', i O O. C O M M O N c rn i �D C' N M In ~ r m w O O F n ^poop ,n r GGG Gv`D r n 0100Nr 00 to In G 7 M 00 N t— G [E m � � O cd V p cd = r •- O r r O p U F d O O CID OFF 7 a _._ 1: C"i Lj aq — Vill OFF 7 a _._ 1: C"i aq — LEGAL DESCRIPTION REVISED PD 3-3 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 823ct (Denton County), Abstract Number 1084 (Tarrant County) the Jesse Gibson Survey, 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 Volume13275, 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 corner 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 70031,18"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 19121'24", having a radius of 750.00 feet, the long chord of which bears S 8011210011W, 252.18 feet; THENCE S 890524311W, 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 8905213811W, 412.04 feet; THENCE S 88054'36"W, 1253.20 feet; THENCE S 87036146"W, 138.70 feet; THENCE N 0003115611E, 1296.32 feet; THENCE S 89049'561"W. 2682.60 feet: THENCE S 00005'13"Vv, 1321.04 feet; THENCE S 891114'09"W, 1326.57 feet; C&B Job No. 011400.501.1.0059 Tracking No. N/A S#CTR February 24, 2004 C:\Documents and Settings\Ginger\Local Settings\Temporary Internet Files\OLKB42 P page 3 lPo rin� THENCE N 00011' 13"W, 337.43 feet; THENCE N 00°14'01"W, 2553.84 feet; THENCE 89052'59"E, 1186.14 feet; THENCE S 66058116"E, 192.22 feet; THENCE S 07025'33"E, 180.88 feet; THENCE S 21024147"E, 39.07 feet; THENCE S 11010147"E, 94.09 feet; THENCE S 34058157"E, 140.91 feet; THENCE S 54013131"E, 60.78 feet; THENCE S 23041147"E, 109.17 feet; THENCE N 89049156"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 63046'21", having a radius of 431.00 feet, the long chord of which bears N 5705646"E, 455.34 feet; THENCE N 26003135"E, 100.00 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are 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, 13 8. 10 feet; THENCE N 38058'25"E, 195.02 feet to the beginning of a non -tangent curve to the left; THENCE with said non -tangent curve s1of 122e left, an 50 feet5the long chord of which bears nce of 1143.64 feet, through a central angle of 53122'54", having aadiu S 76°14158"E, 1102.73 feet; THENCE N 77003'35"E, 1984.36 feet to the beginning of a curve to the left; TI�ENCL -ith said curve to ihe. all arc dlstmce of 40-7 feel. ih ol7n�? 3 ceiiii a 3iiLlt t�{ 27°21'27", having a radius of 1132.50 feet, the long chord of which bears N 63°22'52" L, 533.62 feet; C&B Job No. 01 1400.501.1.0059 Tracking No. N/AFebruary 24, 2004 S#CTR C:\Documents and Settings\Ginger\Local Settings\Temporary Internet Files\OLK.B42 P ge D 3 THENCE N 491142'08"E, 307.68 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 506.78 feet, through a central angle of 2813211311, 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 000591381"E, 573.79 feet; THENCE S 11°34'10"E, 564.14 feet to the Point of Beginning and containing 15,888,662 square feet or 364.73 acres of land more or less. C&B Job No. 01 1400.501.1-0059 Tracking No. N/AFebruary 24, 2004 S#CTR C:\Documents and Settings\Ginger\Local Settings\Temporary Internet Files\OLKB42 Page m D 3 It t x..' U I 1= 1 1- V 1 LEGAL DESCRIPTION PD 3-4 PROPOSED ZONING "RESORT RETAIL" BEING a tract of land situated in the Richard Eads Survcy, 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 Jesse Sutton Survey, Abstract Number 823 (Denton County), the Charles Medlin Survey, Abstract Number 82act (Denton County), Abstract Number 1084 (Tarrant County) the Jesse Gibson Survey, Number 592 (Tarrant County), the G. B. Hendricks Survey, Abstract Number 680 (Tarrant County) and being a portion of that tractcos Tarr Tarrant Coursed t�AIL and under Coundty Clerk's recorded in Volumel 3275, Page 542 of Deed Re ty' Number 98-R0O52417 of Real Property Records, Denton County Texas and being more particularly described by metes and bounds as follows; COMMENCING at the southeast corner of that tract of land conveyed to Frank Wright, Jr. and Wife, Dorothy, recorded in Volume 2813, Page 49 of Deed Records, Tarrant County, Texas THENCE N 0004715911W, 440.78 feet to the POINT OF BEGINNING; THENCE N 00°47'59"W, 1049.35 feet to a non -tangent curve to the right; THENCE with said non -tangent curve to the right, an arc distance of 345.82 feet, through a central angle of 16°45'21", having a radius of 1182.50 feet, the long chord of which bears N 29°06'26"E, 344.59 feet; to the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 690.98 feet, through a central angle of 38154'34", having a radius of 1017.50 feet, the long chord of which bears N i S°01'50"E, 677.78 feet, to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 848.27 feet through N �° central angle of 46 18149'11 ", having a radius of 2582.50 feet, the long chord of which bears feet; THENCE N 17023'44"E, 476.68 feet to the southerly right-of-way of State Highway 114 (a variable width right-of-way); THENCE with said southerly right-of-way the following courses and distances; S 75°23' 15"E, 193.03 feet; N 35° 10' 12"E, 64,12 feet; �,��_�� •L, ��;�.^] fee:. S 75"20'1 8"E, 99.79 feet; Tracking No. N/A C&B Job No, 011400.501.1.0049 February 19, 2004 S#CTR Page 1 of 3 J:\JOB\O 1140059\SIJR\WP\LEG\PD_3-4.leg.doc S 681'06'43"E, 312.60 feet; N 71 04'40"E, 72.01 feet; S 75)23'17"E. 420,11 feet; S 43054'26"E, 76.22 feet; S 86°58'32"E, 198.85 feet; S 75°13'09"E, 55.83 feet to the beginning of a non -tangent curve to the right; with said non -tangent curve to the right, an are distance of 1373.44 feet, through a central angle of 14°08'55", having a radius of 5561.83 feet, the long chord of which bears S 70013'39"E, 1369.96 feet; S 65008'39"E, 819.44 feet; S 61°06'42"E, 300.72 feet; S 72037'39"E, 151.61 feet; S 65007'2011E, 472.53 feet to the beginning of a non -tangent curve to the left; with said non -tangent curve to the left, an arc distance of 288.41 feet, through a central angle of 02°52'27", having a radius of 5749.58 feet, the long chord of which bears S 66031129"E, 288.38 feet, S 23°22'21"E, 78.02 feet; S 69° 15'51 "E, 131.51 feet; N 70006159"E, 21.61 feet to the easterly right-of-way of Westlake Parkway (a variable width right-of-way); THENCE S 19°1350"W, 318.45 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 1369.14 feet, through a central angle of 581)52'17", having a radius of 1332.50 feet, the long chord of which bears S 48039'58"W, 1309.71 feet to the beginning of a curve to the left; THENCE , itl slid cure to the left.. an arc distance of 506 `?8 feet. through a central angle of ?.1°3?'J� `. 1 avin� a radius of J tiJ .50 feet. the tor, c},,;,, 501.56 feet; Tracking No. NIA C&B Job No. 011400.501.1.0049 February 19, 2004 S#CTR Page 2 of 3 J AJOB\01140059\SUR\WP\LEG\PD_3-4.leg.doc THENCE S 49042'08"W, 307.68 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 540.74 feet, through a central angle of 2721127", having a radius of 1132.50 feet, the long chord of which bears S 63022'529)W, 535.62 feet; THENCE S 77003'35"W, 1984.36 feet to the beginningof a curve to the right; THENCE with said curve to the right, an are distance of 1735.65 feet, through a central angle of 81 000'52", having a radius of 1227.50 feet, the long chord of which bears N 62°25'59"W, 1594.63 feet to the Point of Beginning and containing 15,154,943 square feet or 347-910 acres of land more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results ofan on the �,rround survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundaryf the political subdivisionfor which it was prepared." Tracking No. N/A C&B Job No. 011400.501.1.0049 February 19, 2004 S#CTR Page 3 of 3 J. \J O B\01140 0 5 9\S UR\W P\LEG\P D_3 -4.1e g. d o c LEGAL DESCRIPTION PD 3-5 PROPOSED ZONING "MIXED USE" BEING a tract of land situated in the Richard Eads Survey, Abstract Number to t Number County) and Abstract Number 492 (Tarrant County), the J. Bacon Survey, bs 1565 (Denton County), Abstract Number 2026 (Tarrant County), the M.E.P_& P.R.R. Survey, Abstract Number 923 (Denton County) and t� aceof landse t�o conveyed ton Survey, Abstract AIL Investmentser gLtd., (Denton County) and being a portion of that recorded in Volumel3275, Page 542 of Deed Records Tarrant 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 northeast corner of that tract of land conveyed to Sam Lee recorded in Volume 575, Page 580 of Deed Records, Tarrant County, Texas THENCE N 89010'35"-W, 11.21 to the southeasterly right-of-way of State Highway 170 (a variable width right-of-way); THENCE with said southeasterly right-of-way the following courses and distances; N 34°39'39"E, 368.29 feet; S 75041'23"E, 65.50 feet; N 89052'23"E, 42.06 feet; N 03017'17"E, 181.84 feet to the beginning of a non -tangent curve to the right; THENCE with said non -tangent curve to the right, an arc dist long chord of whince of 3358.72 ch bearsh a central angle of 67°38'48", having a radius of 2844.79 f , theN 70040109"E, 3167.01 feet to the south right-of-way of State highway 114 (a variable width right-of-way); THENCE S 75049'00"E, 108.13 feet; THENCE S 75°16'13"E, 75.00 feet, THENCE S 67 10' 12"E, 317.59 feet; THENCE S 00°31'3811E, 57.12 feet; THENCE S 750-23'1 5"E 26-80 fest: THENCE S 17023144"W, 476.68 feet, departing said southerly right-of-way, to the beginning cif a curve to the left; Tracking No. N/A C&B Job No. 01 1400.501.1.0049 February 19, 2004 S#CTR Page 1 of 2 J:UOB\0114005 9\SUR\W P\LEG\l'D_3-5.leg.doc entTal ngle E with said curve to the left, an are distance of 948.27 f t, hrbears S 07059109"W, of THENC chord of which i 8°49' 11", having a radius of 2582.50 feet, the long 844.46 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 690.98 feet, through h s S 18°O1n50] W lc of 38°54'34", having a radius ofof 0 curve feet, the ]e 1 ong chord o which 677.78 feet to the beginning THENCE with said curve to the Left, an arc distance of 345.82�fech °Cs S 29°06'26"Wle of 16°45'21", having a radius of 1182.50 feet, the long chord o feet h the east line of that tract of land conveyed to Roanoke Lodge No. 421, recorded in 344.59 f Records; Volume 82, Page 532 of said Real Property THENCE N 00047'59"W, 241.59 feet with the east line of said Lodge Tract; THENCE N 89054'00"W, 803.58 feet with the north line of said Lodge Tract; THENCE S 01 °46'29"E, 315.42 feet with the west line of said Lodge Tract to the approximate sued, traveled road way of undetermined width, no record centerline of Ottinger Road is P found; approximate centerline the following bearings and distances; THENCE with said N 89059'37"W, 630.18 feet; N 76013143"W, 210.12 feet; N 41018'15"W, 717.16 feet; N 56-49'16"W, 923.63 feet; S 00°37146"E, 73.61 feet to the north line of aforementioned Lee Tract; THENCEN 89°10'35"W, 284.94 feet to the Point of Beginning and containing 6,679,548 square feet or 153.3 acres of land more or less. I re ect the ts f an on the , docurnent was prepared under 22 TAC 663.21, does nntcrc is in cal prlopeorty except these "This ground surveY, and is i7ot to he used to conti)y or establishreconfiguration of the houndary of rights and interests implied or established esu ec eation or the political suhdivisior7.forlahich P C&B Job No. 011400.501.1.0049 S#CTR ,:\JOB\01140059\SUR\WP\LEG\PD_3-5.log.doo Tracking No, NIA February 19, 2004 Page 2 of 2 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AN APPROXIMATELY 347 ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON COUNTY, TEXAS FROM A MIXED-USE "PD" PLANNED DEVELOPMENT DISTRICT ESTABLISHED IN ORDINANCE 310 TO A RETAIL MALL, ENTERTAINMENT RETAIL, OFFICE AND MALL RELATED USE; PROVIDING EXHIBITS SHOWING THE AREAS BEING REZONED AND A LEGAL DESCRIPTION; PROVIDING FOR A CONCEPT PLAN, PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (the "Board") of the Town of Westlake, Texas (the "Town") adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November [13], 1992, the Board adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, on September 15, 1997, based on the recommendations of the Planning and Zoning Commission (the "Commission"), the Bo and amended the Z oning Ordinance and the subdivision regulations by adopting 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 Town an approximately 347 acre tract of land (commonly known as Planning Area 4 and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region, and other changed conditions that affecii the region_ tlhe To-vvp beliM-es there are unique and significant opportunities for a retail mall and mall related uses within the Planning Area that will be consistent with the Town's long -tern development vision; and WHEREAS, the Commission has recommended to the Board that the hereinafter described property be rezoned to "PD" Planned Development 3-4A Mall District and February 23, 2004 PA 4- Regional Retail Page 1 ORDINANCE 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 directed be conditioned upon the update and approval of the Comprehensive Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and Sewer Plans, Drainage plan, and Zoning Map all as amended to reflect these amendments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART lI That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, is hereby amended by this PD Ordinance, by amending Planned Development District No. 3-4 within the property described in Exhibit i attached hereto by reference for all purposes. This PD will be subject to approval of a Concept Plan and all development standards and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Manager or his designee shall promptly update the Town's Official Zoning Map, to include an amended Planned Development on which entry shall include the abbreviated designation "PD No. 3-4A" 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. PART V This Ordinance shall become effective. upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 8TH DAY OF MARCH, 2004. February 23, 2004 PA 4- Regional Retail Page 2 ORDINANCE SCOTT BRADLEY, MAYOR ATTEST: Ginger Crosswy, Town Secretary Trent Petty, Town Manager APPROVED AS TO FORM: Stan Lowry, Town Attorney February 23, 2004 PA 4- Regional Retail Page 3 ORDINANCE CIRCLE T PLANNING AREA 4 REGIONAL RETAIL TABLE OF CONTENTS Pave ARTICLE1. GENERAL PROVISIONS....................................................................................1 SECTION1 SHORT TITLE........................................................................................................1 SECTION2 PURPOSES..............................................................................................................1 SECTION3 GENERAL DEFINITIONS..................................................................................... l Section3.1 Usage..................................................................................................1 Section 3.2 Words and Terms Defined.................................................................1 SECTION4 PD SUPPLEMENT..................................................................................................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS.............................................2 Section 5.1 Applicable Town Ordinances............................................................2 Section 5.2 General Approval Criteria..................................................................2 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS .....................3 Section6.1 PD Concept Plan................................................................................3 Section 6.2 PD Development Plans 3) Section6.3 PD Site Plans......................................................................................3 ARTICLEII. USES......................................................................................................................4 SECTION1 LAND USE..............................................................................................................4 Section 1.1 Mall Requirement..............................................................................4 Section 1.2 Land Use Schedule............................................................................4 SECTION 2 ACCESSORY USES AND STRUCTURES...........................................................8 ARTICLE III. DEVELOPMENT STANDARDS.....................................................................9 SECTION1 DENSITY................................................................................................................9 Section 1.1 Maximum Floor Area for Office Uses...............................................9 Section 1.2 Maximum Floor Area for Certain Commercial Uses ........................9 Section 1.3 Maximum Floor Area for Mall Uses.................................................9 Section 1.4 Maximum Floor Area for Resort Hotel Uses.. ...... ............................ 9 SECTION2 MINIMUM LOT SIZE...........................................................................................9 SECTION 3 MI1\-IMtT1\4 LOT -WIDTH ............................ _ o SECTION 4 MAXIMUM BUILDING HEIGHT.........................................................................9 Section4.1 Mall....................................................................................................9 Section 4.2 Exceptions to Height Requirements...................................................9 SECTION 5 MINIMUM BUILDING SIZE.................................................................................9 February 23, 2004 Table of Contents PA 4 - Regional Retail Page i ORDINANCE SECTION6 FRONT YARD SETBACKS...................................................................................9 SECTION 7 REAR YARD SETBACKS...................................................................................10 SECTION8 SIDE YARD SETBACKS.....................................................................................10 SECTION 9 SLOPE REQUIREMENTS...................................................................................10 ARTICLEIV. EXHIBITS..........................................................................................................11 EXHIBIT 1 Legal Description of PD District February 23, 2004 Table of Contents PA 4 - Regional Retail Page ii ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE. This ordinance shall be known and may be cited as the "Circle T Planning Area No. 4 - 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. Mall or Regional Mall means an integrated, enclosed retail development within the PD District that has a minimum of 500.000 square feet of retail sales area and that includes at least t« -o deparmiem stores. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. February 23, 2004 Article I. General Provisions PA 4 - Regional Retail Page 1 ORDINANCE PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD 3-4 Concept Plan" which illustrate proposed mall configuration, land uses, open space & trail system and thoroughfares. PD District means the planned development zoning district established by this PD Ordinance. 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. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 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 APPLICABILITY OF EXISTING REGULATIONS. Section 5.1 Applicable Town Ordinances. 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 (a) an approved PD Concept Plan, this PD Ordinance and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent of an approved 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 Ordinances, the terms, provisions and intent of the UDC shall control. 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 o n e onformity w ith t he T own's C omprehensive P Ian, 0 pen S pace P Ian, T horoughfare Plan, Master Water and Sewer and Master Drainage Plan (or with the objectives, goals or policies of such plans). then such authorit-,• shall be exercised to the extent necessary to determine whether the aspect of developnnent being approved is consistent v,-ith an} appro- e.d PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. February 23, 2004 Article 1. General Provisions PA 4 - Regional Retail Page 2 ORDINANCE SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan. A PD Concept Plan attached to this Ordinance 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 2004 updated Comprehensive Land Use Plan, Zoning Map, Master Thoroughfare Plan, Open Space and Trail Plan a nd M aster a nd W ater a nd S ewer P lans. T he U DC g overns t he p rocess b y w hich P D Concept Plans are submitted and approved. Section 6.2 PD Development Plans. PD development plans are 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 I, 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 4 - Regional Retail Page 3 ORDINANCE ARTICLE 11. USES SECTION 1 LAND USE. Section 1.1 Mall Requirement. A portion of the PD District shall be used for a Mall. Section 1.2 Land Use Schedule. In addition to a Mall use, buildings, structures, and land within the PD District shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "Y' shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. CIRCLE T PLANNING AREA 4 - REGIONAL RETAIL LAND USE SCHEDULE PERMITTED USES X=PERMITTED A=ACCESSORY S --SUP 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) S Stables (As a Business) S RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quarters A `ITemporar\ Accommodation fc- L-mpklvees/CustomersA isilors Swimming Pool (Private) Detached Garage (Private) Sport/Tennis Courts (Private) February 23, 2004 Article II. Uses PA 4 - Regional Retail Page 4 ORDINANCE PERMITTED USES X=PERMITTED A=ACCESSORY S=SUP INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service Post Office (Governmental) Mailing Service (Private) x Heliport HelistopNerti-stop S Telephone, Electric, Cable, and Fiber Optic Switching x Station 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 S Above Grade) 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 x Child Daycare (Public; 7 or more) x Child Daycare (Private; 7 or more) x School, K-12 (Public or Private) School (Vocational) A College or University Community Center (Public) x Civic Club x Church or Place of Worship X Use Associated with a Religious Inst. x Govemment Building x Police Station x Fire Station x Library Data Center COMMERCIAL USES Multifamily (Apartments) Offices (General) x February 23, 2004 Article II. Uses PA 4 - Regional Retail Page 5 AD TITM AM('P PERMITTED USES X=PERMITTED A=ACCESSORY S=SUP Studio X Banks and Financial Institutions X Information Processing X Hotel/Motel X Hotel/Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) X Laundry/Dry Cleaning (Drop/Pick) X Shoe Repair X Beauty Parlor/Barbershop X Clothing Store X Quick Copy/Duplicating Services X Personal Services X Liquor Store S Micro -brewery and Wine Production and Sales (<30,000 S.F.) S Grocery with alcoholic beverage sales S Grocery . X Convenience Store with alcoholic beverage sales S Convenience Store A Service Station Drug Store X Variety Store X Bakery Sales X Stationery and/or Book Store X Antique Shop X Art Gallery/Museums X Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores — General (Excluding Second Hand Goods) X Restaurant, Cafe or Dining Facility X Restaurant, Caf€ or Dining Facility serving alcohol S Auto/Truck Parts and Accessories X Household Furniture/Appliances (including Sales and Service) X Farmer's Market S Feed Stoic Parking Structure A Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting X Vehicle Display and Sales (inside) X February 23, 2004 Article II. Uses PA 4 - Regional Retail Page 6 ORDINANCE PERMITTED USES X=PERMITTED A=ACCESSORY S=SUP Medical Laboratory R&D Laboratory Conference Center x Live Theater x Motion Picture Theater x Custom Business Services x Electronic Appliances Store and Computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Nightclubs S Outdoor Amphitheater (up to 2,500 seats) S Ancillary retail to Amphitheater x Outdoor Art or Sculpture Garden x Wedding Chapel x AMUSEMENT/RECREATION Golf Course (Public or Private) x Park or Playground (Public or Private) x Satellite Dish x Non-Commercial Radio Tower S 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 A Health/Spa Facilities (Private) x Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center x Athletic Courts (Public) A Commercial Amusement (Inside) x Lake CruiseMlater Taxi x AUTO SERVICES Truck/Trailer Rental S Auto Body Repair Auto Mechanical Repair S Quick Lube/Oil Change February 23, 2004 Article H. Uses PA 4 - Regional Retail Page 7 ORDINANCE PERMITTED USES X=PERMITTED A=ACCESSORY S=SUP Vehicle Maintenance (Private) X Vehicle Fueling (Private) S WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage Light Manufacturing/Assembly S Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books/Other Printed Material Machine Shop Welding Shop Temporary Batching Plant SZ Temporary Construction Office X'' Temporary Construction Materials Storage XZ Temporary Sales Office XZ NOTES: Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES. An accessory use or structure which is customarily incidental to the principal use or structure, and 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 IL Uses PA 4 - Regional Retail Page 8 ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY. Section 1.1 Maximum Floor Area for Office Uses. The maximum aggregate floor area for all office uses within this PD District shall be 558,355 square feet. Section 1.2 Maximum Floor Area for Certain Commercial Uses. The maximum aggregate floor area for all commercial uses, excluding office uses, hotel/motel uses (with or without conferencing facilities), and Mall uses, within this PD District shall be 360,940 square feet. Section 1.3 Maximum Floor Area for Mall Uses. The maximum aggregate floor area for all Mall uses within this PD District shall be 1,630,000 square feet. Section 1.4 Maximum Floor Area for Resort Hotel Uses. The maximum aggregate floor area for all Resort Hotel uses shall be 750,000 square feet. SECTION 2 MINIMUM LOT SIZE. The minimum lot size for a Mall shall be 200,000 square feet. The minimum lot size for all uses other than a Mall shall be 1 acre. SECTION 3 MINIMUM LOT WIDTH. The minimum lot width for all uses shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT. Section 4.1 Height Requirements. The maximum height for a Mall shall be the lesser of three stories or 65 feet. The maximum height for all uses other than a Mall shall be four stories or 60 feet. Section 4.2 Exceptions to Height Requirements. The height limits imposed by this Section 4 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 MINIMUM BUILDING SIZE. The minimum building sizee for all buildings other than a Mall shall be 2,000 square feet. SECTION 6 FRONT YARD SETBACKS. Section 6.1 Mall The minimum front yard for a Mall shall be 100 feet. Section 6.2 Office The minimum front yard for Office use shall be 50 feet. February 23, 2004 Article III. Development Standards PA 4 - Regional Retail Page 9 ORDINANCE Section 6.3 Retail other than mall The minimum front yard for non -mall retail shall be 50 feet. SECTION 7 REAR YARD SETBACKS. Section 7.1 Mall The minimum rear yard for the mall sub -area shall be 100 feet Section 7.2 Office The minimum rear yard for office shall be 25 feet Section 7.3 Retail other than mall The minimum rear yard for retail other than mall shall be 25 feet SECTION 8 SIDE YARD SETBACKS. Section 8.1 Mall There are no minimum side yard requirements for the Mall. Section 8.2 Office The minimum side yard for Office use shall be 25 feet Section 8.3 Retail other than mall The minimum side yard for the entertainment office sub- area shall be 25 feet SECTION 9 SLOPE REQUIREMENTS. The height of structures within this PD District shall not be limited based on adjacency to (i) any residential lot whether such lot is located inside or outside this PD District or (ii) any roadway. February 23, 2004 Article III. Development Standards PA 4 - Regional Retail Page 10 nunmTANCE ARTICLE IV. EXHIBITS EXHIBIT 1 Legal Description of PD District February 23, 2004 Article IV. Exhibits PA 4 - Regional Retail Page 11 ORDINANCE CIRCLE T PLANNING AREA S [MIXED USE] ORDINANCE NO AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AN APPROXIMATELY 154 -ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON COUNTY, TEXAS FROM A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING OFFICE, ENTERTAINMENTIOFFICE, RETAIL, ENTERTAINMENT/RETAIL AND MALL USES AS ESTABLISHED IN PD ORDINANCE NO. 311 TO A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING OFFICE USE AND MIXED-USE DEVELOPMENT; PROVIDING EXHIBITS SHOWING THE AREAS BEING REZONED, PROVIDING A CONCEPT PLAN PRIOR TO ISSUANCE OF A BUILDING PERMIT AND A LEGAL DESCRIPTION; PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (the `Board") of the Town of Westlake, Texas (the "Town") adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November [13], 1992, the Board adopted a Comprehensive Zoning Ordinance'(the "Zoning Ordinance"); and WHEREAS, on September 15, 1997, based on the recommendations of the Planning and Zoning Commission (the "Commission"), the Bo and amended the Z oning Ordinance and the subdivision regulations by adopting a Unified Development Code (the "UDC") for the Town; and WHEREAS, the UDC has been amended, Aith the most recent amendments being adopted on August 23, 2003; and WHEREAS, there is located within the corporate limits of the Town an approximately 159 acre tract of land (commonly known as Planning Area 5 and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region. and other changed conditions that affect the region. the To«'n believes there are unique and signiiicani opportunities for of�icc_ retail and mixed-usc dc\elopzneni including high end owner -occupied single family residential within the Planning Area that will be consistent with the Town's long-term development vision; and February 23, 2004 PA 5 —Mixed Use Page 1 ORDINANCE WHEREAS, the Commission has recommended to the Board that the hereinafter described property be rezoned to "PD" Planned Development District; 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 directed be conditioned upon the update and approval of the Comprehensive Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and Sewer Plans, Drainage plan, and Zoning Map all as amended to reflect these amendments; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART H That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 200, is hereby amended by this PD Ordinance, by amending Planned Development District No. 3-5 within the property described in Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the approval a Concept Plan and all development standards and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Manager or his designee shall promptly update the Town's Official Zoning Map, to include an amended Planned Development on which entry shall include the abbreviated designation "PD No. 3-5A" 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. PARI \ This Ordinance shall become effective upon its passage. February 23, 2004 PA 5 — Mixed Use Page 2 ORDINANCE PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 8TH DAY OF MARCH, 2004. SCOTT BRADLEY, MAYOR ATTEST: Ginger CrosslAw, Town Secretary Trent Petty, Town Manager APPROVED AS TO FORM: Stan Lowry1Town Attorney February 23; 2004 PA 5 — Mixed Use Page 3 ORDINANCE CIRCLE T PLANNING AREA 5 TABLE OF CONTENTS Page ARTICLEI. GENERAL PROVISIONS....................................................................................4 SECTION1 SHORT TITLE..................................................................................................4 SECTION2 PURPOSES........................................................................................................4 SECTION 3 GENERAL DEFINITIONS...............................................................................4 Section3.1 Usage..............................................................................................................4 Section 3.2 Words and Terms Defined.............................................................................4 SECTION4 PD SUPPLEMENT............................................................................................5 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS.......................................5 Section 5.1 Applicable Town Ordinances........................................................................5 Section 5.2 General Approval Criteria..............................................................................5 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANTS, AND SITE PLANS ...............6 Section6.1 PD Concept Plan............................................................................................6 Section 6.2 PD Development Plans ............................ ...........................................6 Section6.3 PD Site Plans..................................................................................................6 ARTICLEII. USES ........................... ...........................................................................................7 SECTION1 LAND USES......................................................................................................7 Section 1.1 Land Use Schedule....................................................................................... Section1.2 Municipal Use.............................................................................................11 11 Section 1.3 Residential....................................................... SECTION 2 ACCESSORY USES AND STRUCTURES...................••.•.•.........................•11 ARTICLE III. DEVELOPMENT STANDARDS....................................................................12 . SECTION 1 DENSITY ....................................... . ...............................................................12 Section1,1 Office Uses ........................................... ......,........................12 Section 1.2 Mixed Use Development Area.....................................................................12 Sect]oh ] . -� Residei�tia] Uses........._ ............. _.......... ..... 12 SECTION2 MINIMU1 d LOT SIZE ....................................................................................1Z Section 2.1 Residential Areas.................•.•••...............................•...12 Section2.2 All Other Areas............................................................................................12 February 23, 2004 Table of Contents PA 5 - Mixed Use Page i ORDINANCE SECTION 4 Section 4.1 Section 4.2 Section 4.3 SECTION 5 SECTION 6 SECTION 7 SECTION 8 SECTION 9 MAXIMUM BUILDING HEIGHT ........... Mixed Use Development Area ............... Residential Uses ................................... Exceptions to Height Requirements....... MINIMUM BUILDING SIZE ................... FRONT YARD SETBACKS ..................... REAR YARD SETBACKS ....................... SIDE YARD SETBACKS ......................... SLOPE REQUIREMENTS ...................... ........12 ................................12 ..............................13 13 ...................................................13 13 13 ...Error! Bookmark not defined 14 ARTICLE IV. MIXED USE DEVELOPMENT AREA STANDARDS................................15 SECTION 1 ROADWAY STANDARDS............................................................................15 EXHIBIT 2 SECTION2 LANDSCAPING ............................... ..............................................................15 Building Height - One Story SECTION 3 LAKE EDGE.............................................15 ...................................................... EXHIBIT 5 SECTION4 ROOFS.....................................................................................15 Building Height - Four Story SECTION 5 CONSISTENT FIRST FLOOR HEIGHTS.....................................................15 SECTION 6 STREET LEVEL ENTRIES AND OPENINGS.............................................15 SECTION 7 STOREFRONT SPACING..............................................................................15 SECTION 8 STREET LEVEL FACADES..........................................................................16 SECTION9 PORCHES........................................................................................................16 SECTION 10 ....................................................... SIDEWALK COVERINGS................•..•..16 SECTION11 DIVERSITY OF USES....................................................................................16 SECTION 12 MID -BLOCK PASSAGES..............................................................................16 SECTION13 PAVING MATERIALS...................................................................................16 ARTICLEVI. EXHIBITS..........................................................................................................17 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Mixed Use Development Area Maximum Building Height EXHIBIT 3 Building Height - One Story F >HTRTT 4 Bt;ilain2 Heigl, _ Tv -o Story EXHIBIT 5 Building Height - Three Story EXHIBIT 6 Building Height - Four Story February 23, 2004 Table of Contents PA 5 -Mixed Use Page ii ORDINANCE Dele EXHIBIT 7 Building Height - Five Story Mixed Use Development Roadway Standards EXHIBIT 8 Street "A" — Primary Road EXHIBIT 9 Street `B" — Town Square EXHIBIT 10 Street "C" —Perimeter Road EXHIBIT 11 Street "D" — Interior Road EXHIBIT 12 Street "E" — Service Lanes EXHIBIT 13 Lake Edge February 23, 2004 Table of Contents PA 5 - Mixed Use Page iii ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE. This ordinance shall be known and may be cited as the "Circle T Planning Area No. 5 - Planned Development Zoning District", 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. I\'Iixed Use Development Area means an area within the PD Disuict tna-L is developed iii accordance with Article 1V of this PD Ordinance. PD District means the planned development zoning district established by this PD Ordinance. February 23, 2004 Article I. General Provisions PA 5 - Mixed Use Page 4 ORDINANCE 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 Aldermen 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 consisting of approximately 50 acres and devoted to single family residential uses, as identified in the Land Use Schedule in Article II of this PD Ordinance. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT. Concurrently with the adoption of PD Ordinance No. 311, 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 APPLICABILITY OF EXISTING REGULATIONS. Section 5.1. Applicable Town Ordinances. Except to the extent provided by an approved PD concept plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the uses listed Article II of this Ordinance. Except to the extent provided by an approved PD Concept Plan, this PD Ordinance, and the PD Supplement, the Applicable Town Ordinances shall also govern development within the PD District. In the event of any conflict between (a) an approved PD Concept Plan, this PD Ordinance and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent of an approved 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 Ordinances, the terms, provisions and intent of the UDC shall control. Section 5.2 General Approval Criteria. To the extent, if any. that the Applicable Town Ordinances (and. in particular_ the subdivision I-e-aulatirnls of the UDC) Bran; tc, tlic B ard. rile 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 Pian or Thoroughfare February 23, 2004 Article X. General Provisions PA 5 - Mixed Use Page 5 ORDINANCE 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 an approved PD of such Pana ordinas PD nce e and supplement e PD Supplement and the objectives, goals, and policiesp SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. 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 pian shall comply with the Comprehensive ater and Sewer Plan of tthehe Town and the pen Space an Trail Plan, the Master Thoroughfare Plan, the Master Master Drainage Plan of the town and the UDC. Section 6.2 PD Development Plans. PD development plans are 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 I, 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. Ge ORDINANCE ARTICLE IL USES SECTION 1 LAND USES. Section 1.1 Land Use Schedule. Buildings, structures, and land within the PD District shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory t o t he p rimary use). A b lank s quare s hall in can t hat t he us e is no t o llowed a s a principal use. PLANNING AREA 5 — MIXED USE LAND USE SCHEDULE X = Permitted PERMITTED USES S= Special Use A = Accessory Use AGRICULTURALTISES . ..: Plant Nursery (Growing) x Plant Nursery (Retail Sales) x Farms General (Crops) x Farms General (Livestock, Ranch) x Veterinarian (Indoor Kennels) x Veterinarian (Outdoor Kennels) Stables (Private Use) S Stables (As a Business) S Stables (As a Business) RESIDENTIAL USES Single Family Detached x Singl e Family Attached — Zero Lot Line x Single Family Attached x Duplex Condominium Home Occupation a Selma ants/CaretAei", Qhlallt'T E Temporary Accommodation for Employees/CustomersNisitors A Swimming Pool (Private) A Detached Garage (Private) A February 23, 2004 Article II. Uses PA 5 - Mixed Use Page 7 ORDINANCE PERMITTED USES X = Permitted S= Special Use A = Accessory Use Sport/Tennis Courts (Private) I A INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service Post Office (Governmental) Mailing Service (Private) Heliport Helistop/Verti-stop Telephone, Electric, Cable, and Fiber Optic Switching Station Electrical Substation Utility Distribution Lines' Utility Shop and Storage Water and Sewage Pumping Station (below grade) Water and Sewage Pumping Station (above grade) Water Storage Tank and Pumping System (Elevated or Above Grade) Water, Sewer, Electric, and Gas Meters Electric Transformers Private Streets/Alleys/Drives Retirement Home Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic Child Daycare (Public; 7 or more) Child Daycare (Private; 7 or more) School; K-12 (Public or Private) School (Vocational) College or University Community Center (Public) Civic Club Church or Place of Worship Use Associated with a Religious Inst. ll�,�ernmeni l�uacue Police Station Fire Station Library Data Center X X X S X S X S X S S X X X X X X X X X X X February 23, 2004 Article II. Uses PA 5 - Mixed Use Page 8 ORDINANCE February 23, 2004 Article 11, Uses PA 5 - Mixed Use Page 9 ORDINANCE X = Permitted PERMITTED USES S= Special Use A = Accessory Use COMMERCIAL USES Offices (General) X Studio X Banks and Financial Institutions X Information Processing X Hotel/Motel X Hotel/Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) X Laundry/Dry Cleaning (Drop/Pick) X Parking Structures X Shoe Repair X Beauty Parlor/Barbershop X Clothing Store X Quick Copy/Duplicating Services X Personal Services X Liquor Store S Micro -brewery and Wine Production and S Sales (<30,000 S.F.) Grocery (With alcoholic beverage sales) S Convenience Store (with alcoholic beverage S sales) Grocery X Convenience Store X Variety Store X Bakery Sales X Stationery and/or Book Store X Antique Shop X Art Gallery/Museums X Hardware Store X Sporting Goods X Paint and Wallpaper X Cloth Store X Retail Stores - General X (Excluding Second Hand Goods) Restaurant; Cafe or Dining Facility X i Auto/Truck Parts and Accessories X Farmer's Market S Feed Store February 23, 2004 Article 11, Uses PA 5 - Mixed Use Page 9 ORDINANCE PERMITTED USES X = Permitted S= Special Use A = Accessory Use Parking Structure A Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting X Vehicle Display and Sales (inside) X Medical Laboratory A R&D Laboratory S Conference Center X Live Theater X Motion Picture Theater X Custom Business Services X Electronic Appliances Store and Computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Nightclubs S 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 X Health/Spa Facilities (Private) X Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center X Athletic Courts (Public) A Commercial Amusement (Inside) X Lake Cruise/Water Taxi X c � Tru•_b:'Traiie-r Rental — - --- -- _-- — Auer bud Auto Mechanical Repair S Quick Lube/Oil Change Vehicle Maintenance (Private) X February 23, 2004 Article II. Uses PA 5 - Mixed Use Page 10 ORDINANCE NOTES: 1. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 2. Limited to period of construction. Section 1.2 Municipal Use. There shall be a two -acre municipal site reserved for a DPS/Courts use within the PD District. Section 1.3 Residential Area. This PD District may contain Residential uses within the Mixed Use area depicted on the required o� �ctionceptscheduleemaximum must be approved by the Board of mber of residential units allowed in this PD is 275 units. A c Aldermen prior to or simultaneous with the filing of a preliminary plat. SECTION 2 ACCESSORY USES AND STRUCTURES. An accessory use or structure which is customarily incidental to the principal use or structure, and Nvhicb is located on the salve lot or tract of land. shall be penmitted as an accessory use �A-itholri beinL� separately listed as a permitted us February 23, 2004 Article Il. Uses PA 5 - Mixed Use Page 1 I ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY. Section 1.1 Office Uses. The maximum aggregate floor area for office uses in this PD District is 884,505 square feet. Section 1.2 Mixed Use Development Area.. The mis aximum aggregate floor area for all uses in a Mixed Use Development Area in this PD Dist as Section 1.3 Residential Uses. This PD may con nthe number ofurilrdwelling un constructedof 275 unts m oner occupied, single family dwelling units. In no event shall this PD District exceed 275 units. SECTION 2 MINIMUM LOT SIZE. Section 2.1 Residential area. The minimum lot sizemo� residentialoZdeResidential attached ched unit is 5,000 square feet in the Mixed Use area. There are no min units. Section 2.2 Mixed Use. There are no minimum lot sizes within the Mixed Use area except as described in Section 2.1 Section 2.3 Office. The minimum lot size for office uses located outside the Mixed Use area shall be 100,000 square feet SECTION 3 MINIMUM LOT WIDTH in Section 3.1 Residential area. The minimum lot widthseforiimtum of awhdths for ed sresidential the Mixed Use area of the PD shall be 50 feet. Ther attached use. Section 3.2 Office. The minimum lot width for Office use shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT. Section 4.1 Mixed Use Development Area. The maximum et.Burn height ei hef for 111 stare ructures in a by Mixed Use Development area shall be 4 stories or 6 Exhibits 2 through 7. Buildings are to be built to human scale and will standards illy of exceed a building height -to -street width ratio of 1:3. The following additional A. Adjacent buildings within the same block must be varied in height; however; the height differential bet -\veer buildings cannot exceed one floor. B. ilelghis are measured from the sJde\- al -'K to liic 10r, 01 "lir ]-"L 41C i C. Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run. D. Attic space under the roof may be occupied. PA 5 - Mixed Use Page 12 February 23, 2004 Article III. Development Standards ORDINANCE E. Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than 16 feet above the parapet or eave line. Section 4.2. Residential Uses. The maximum height for all residential structures is 35 feet. Section 4.3 All Uses Outside a Mixed Use Development Area . The maximum height for all structures shall be the lesser of four stories or 60 feet. Section 4.4 Exceptions to Height Requirements. The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, towers, cupolas, sloped roofs, 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 MINIMUM BUILDING SIZE. The minimum home size shall be 1,500 square feet. The minimum building size for all other uses shall be 5,000 square feet. SECTION 6 BUILD TO LINES. Section 6.1 Mixed Use Development Area There is a 15 foot minimum build to line for attached residential uses in a Mixed Use Development area. Detached residential in a Mixed Use Development area shall have a 20 foot minimum front yard setback. There are no minimum front yard setbacks for other areas in a Mixed Use Development area except that sidewalk zones and landscaping will be consistent with the PD supplement. Section 6.2 The minimum front yard in the Office area shall be 50 feet SECTION 7 REAR YARD SETBACKS. There are no minimum rear yard setbacks for uses within a Mixed Use Development Area. The minimum rear yard for all other uses shall be 20 feet. SECTION 8 SIDE YARD SETBACKS. Section 8.1 Mixed Use Development Area - Residential Attached. The side yard requirements shall apply to only one side yard of the first and last attached houses in each set of attached houses. Each attached single-family dwelling shall have only one five -feet -wide side yard. Section 8.2 Mixed Use Development Area — Residential Detached. The side yard requirements for residential detached in a Mixed Use area shall be 10 feet. February 23, 2004 Article III. Development Standards PA 5 - Mixed Use Page 13 ORDINANCE minium side yard for Office use outside the Mixed Use area shall Section 8.3 Office The min be 25 feet SECTION 9 SLOPE REQUIREMENTS. The height of non- residential structures in a Mixed Use v,Development mblock, Arighta s limitbed1to1ited to 35 feet60 feet. Where adjacent to residential structures within th February 23, 2004 Article III. Development Standards PA 5 -Mixed Use Page 14 ORDINANCE ARTICLE IV. ADDITIONAL MIXED USE DEVELOPMENT AREA STANDARDS SECTION 1 ROADWAY STANDARDS. The general roadway standards applicable within a Mixedelopment Standards". Area Street sections by the drawings labeled "Mixed Use Development Area Roadway for such roadways (including on -street parking) are illustrated on Exhibits 8 through 12. SECTION 2 LANDSCAPING. All landscape requirements for this PD Area 5A (Mixed Use) are established in: (i) the Roadway Standards of this ordinance (See exhibits 8 through 12); (ii) the Lake Edge Standards and is not Exhibit 13); and (iii) the PD Supplement.e landscaping stin the event andards contained landscapingat any the UDC shall addressed by (i), (ii) or (iii) above, then apply. SECTION 3 LAKE EDGE. The s tandards applicable t o t he de velopment o f t he Lake Turner s horeline a re it lustrated o n Exhibit 13. SECTION 4 ROOFS. Commercial roofs will be predominantly flat with sloped roof axchitectural llfnot have a height to- eatures. Residential roofs will be predominantly sloped with flat accent roofs Sloped of length ratio greater than 8:12. Curved roofs wiler than 16 feet above the plate or cornice line. All mechanical units must be screened from view. SECTION 5 CONSISTENT FIRST FLOOR HEIGHTS. Above a given block, the first floor heights should be similar in adjacent buildings, particularly as reflected in the exterior spandrel between thefirst and dfl gor. ry b more commercial onetrfoot, the heights of the first floors and adjacent buildings should not Likewise, heights of canopies and colonnades covering the height 4 tuld match from building to building along a given block front, with a SECTION 6 STREET LEVEL ENTRIES AND OPENINGS. Commercial entries along the street should be recessed awith a two rotectiver�aintco Bring such as ng face. Residential entries may be recessed or may be coveredP awnings and canopies. SECTIO? i STOREFRONT SPACING. At least one building entry or passage shall occur every 25 feet on average in any block, but no further than 40 feet apart along any commercial facade. February 23, 2004 Article IV. Additional Mixed Use PA 5 —Mixed Use Page 15 Development Area Standards SECTION 8 STREET LEVEL FACADES. or entries) should be Blank stretches of street level, street facing facades (those Blame setches h ssbetween ten feet and minimized; however, stretches of ten feet are acceptable. 20 feet are permissible, but should be limited. Blank stretches over 20 feet are not allowed. SECTION 9 PORCHES. Where first floors are used for residential purposes, first floor porches must be elevated at 18 inches above the sidewalk. SECTION 10 SIDEWALK COVERINGS. Canopies and colonnades are permitted and encouraged. SECTION 11 DIVERSITY OF USES. Diversity of uses is encourage throughout a Mixed Use Development Area. Mixing uses vertically within buildings is also encouraged. SECTION 12 MID -BLOCK PASSAGES. the street to the interior of blocks and the parking therein are Mid -block passages which connect encouraged. These passages may be enclosed or open air, but must remain open to public ages should be enhanced with landscapin passage. These passg. Pedestrian circulation should e encouraged and enhanced. SECTION 13 PAVING MATERIALS - Roadways and parking lots will be concrete, asphalt, with brick, stamped concrete, paver or stone crosswalks and concrete curbs. Entire sections of important r oadways may be brick. Sidewalks shall be concrete and/or brick. Other paved areas, such as courtyards and plazas, may be brick, concrete, or stone, as. appropriate. SECTION 14 PEDESTRIAN ACCESS. n sPace must be Pedestrian access must be maintained throughout the PD. Althe PD Supplemenl buildings and t, The UDC and joined by sidewalks that follow the standards established in the Trails and Open Space plan. Sidewalks are also required to link recreational and entertainment uses to parking areas. February 23, 2004 Article IV. Additional Mixed Use PA 5 —Mixed Use Page 16 Development Area Standards ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Mixed Use Development Area Maximum Building Height EXHIBIT 3 Building Height - One Story EXHIBIT 4 Building Height - Two Story EXHIBIT 5 Building Height - Three Story EXHIBIT 6 Building Height - Four Story EXHIBIT 7 Building Height - Five Story Mixed Use Development Roadway Standards EXHIBIT 8 Street IIA"— Primary Road EXHIBIT 9 Street `B" — Town Square EXHIBIT 10 Street "C" — Perimeter Road EXHIBIT I 1 Street "D" — Interior Road EXHIBIT 12 Street "E" — Service Lanes EXHIBIT 13 Lake Edge February 23, 2004 Article V. 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FIDELITY REGIONAL CAMPUS i Y - !' --, SITES r' VICINITY MAP 0' 300' ORIGINAL PD 3-4 600' 900' 47.9± ADD PORTION OF PD 3-3 118.6± NET PD 34 348± WORTH, TEXAS 76177 SCALE: 1" = 300' FORT WORTH,W 741M PD 3-4 LAND USE SUMMARY PD 3-5 LAND USE SUMMARY ACRES ORIGINAL PD 3-5 200.0± TRANSFERRED TO PD 3-4 47.9+ NET REMAINDER PD 3-5 152± A ZONING EXHIBIT FOR RESORT RETAIL & MIXED USE A REZONING OF PD 3-4, PD -3-5, AND A PORTION OF PD 3-3 ACRES ORIGINAL PD 3-4 181.5± ADD PORTION OF PD 3-5 47.9± ADD PORTION OF PD 3-3 118.6± NET PD 34 348± WORTH, TEXAS 76177 m m N SMF PD 3-5 LAND USE SUMMARY ACRES ORIGINAL PD 3-5 200.0± TRANSFERRED TO PD 3-4 47.9+ NET REMAINDER PD 3-5 152± A ZONING EXHIBIT FOR RESORT RETAIL & MIXED USE A REZONING OF PD 3-4, PD -3-5, AND A PORTION OF PD 3-3 Qh+02004 by Carter & Burp ss. Iw. OWNER /ENGINEER AIL INVESTMENT, L.P. C�" CO~mourge" CC" 3600 HERITAGE PARKWAY, SUITE 200 CARTER & BURGESS, INC. FORT WORTH, TEXAS 76177 m m N SMF (817) 224-6000 FORT WORTH,W 741M PROJECT NO. 011400.501 1 DRAWN BY CAG I APPROVED BY AAH GATE 02/05/04 PP N0. REV. Qh+02004 by Carter & Burp ss. Iw.