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HomeMy WebLinkAboutOrdinance 703 ORDINANCE 703 PAGE 1 OF 90 TOWN OF WESTLAKE ORDINANCE NO. 703 PD1-2 PLANNED DEVELOPMENT 1 PLANNING AREA 2 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 85.9 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 2 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-2) GENERALLY LOCATED IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS; AMENDING THE PERMITTED USES BY ADDING RESIDENTIAL AND ENTERTAINMENT USES TO THE OFFICE AND RETAIL USES CURRENTLY PERMITTED IN THE “PD1” PLANNED DEVELOPMENT DISTRICT THEREBY CREATING A MIXED-USE “VILLAGE STYLE” ZONING DISTRICT; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVIDING A SAVINGS CLAUSE; A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Westlake Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Westlake Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the Town of Westlake’s Land Use Map contained in its Comprehensive Plan, was substantially amended in 2004 to reflect used in zoning granted by the Town in the late 1990’s; and WHEREAS, there is located within the corporate limits of the Town of Westlake an approximately 85.9 acre tract of land (commonly known as Planning Area 2 of the PD1 zoning district being the portion of the PD1 zoning district bounded by Solana Boulevard to the south, FM 1938 “Davis Blvd.” to the west, and SH 114 to the north); and ORDINANCE 703 PAGE 2 OF 90 WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to FM 1938 (Davis Blvd.), further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for new and unique mixed-use development within the Pla nning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the amendment of PD 1-2; and WHEREAS, the Commission held a public hearing upon the application of Centurion American to amend the Comprehensive Plan to establish PD 1-2 and approve zoning for PD 1-2 on April 15, 2013, as well as the Town Council held a public hearing on this same application on April 22, 2013 after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon t he recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the amendments (Exhibit “A”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance, which the Council has determined to be consistent with the 1992 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202 as amended by Ordinances 588 and 691, is hereby amended by this PD Ordinance, set out as Exhibit “A”, by amending the Planned Development District PD1, Planning Area 2 (PD1-2) within the property described in Exhibit 1 attached hereto by reference ORDINANCE 703 PAGE 3 OF 90 for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit s 2 thru 7. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of this Ordinance not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all ot her provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two-Thousand ($2,000.00) for each offense. Each day that a violation is permit ted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 22nd DAY OF April, 2013. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ORDINANCE 703 PAGE 4 OF 90 EXHIBIT A PD1 PLANNING AREA 2 (PD1-2) MIXED-USE “VILLAGE” PLANNED DEVELOPMENT Contents ARTICLE I. GENERAL PROVISIONS ............................................................................................... 5 SECTION 1 SHORT TITLE ........................................................................................................... 5 SECTION 2 PURPOSES ................................................................................................................ 5 SECTION 3 GENERAL DEFINITIONS......................................................................................... 5 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS .................................................... 7 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SIT E PLANS. .......................... 7 ARTICLE II. USES .............................................................................................................................. 8 ARTICLE III. DEVELOPMENT STANDARDS ................................................................................. 18 SECTION 1 DENSITY ................................................................................................................ 18 SECTION 3 MINIMUM LOT WIDTH ........................................................................................ 18 SECTION 4 MAXIMUM BUILDING HEIGHT .......................................................................... 19 SECTION 5 MINIMUM BUILDING SIZE.................................................................................. 19 SECTION 7 REAR YARD SETBACKS ...................................................................................... 19 SECTION 9 SLOPE REQUIREMENTS ...................................................................................... 19 ARTICLE IV. EXHIBITS ................................................................................................................... 33 ORDINANCE 703 PAGE 5 OF 90 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning Area 2 (“PD 1-2”) Village Planned Development Zoning District Ordinance.” or simply as the "PD1-2 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to establish a superior quality mixed-use development with design features and planning elements reminiscent of a European pedestrian scaled village. The Ordinance provides for the integration of vertical and horizontal mixed uses that allow commercial, retail, governmental, hotel, and entertainment uses as well as S ingle-family detached and Townhome residential uses on the property bounded by Solana Boulevard to the south, FM 1938 (Davis Blvd.) to the west, and SH 114 to the north, and to provide an appropriate transition between the intensity of the SH 114 Corridor to the north and the existing and anticipated residential development to the south. SECTION 3 GENERAL DEFINITIONS For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Council at the time of the Adoption of this PD Ordinance and that are applicable to development within the PD District. Council means the Town Council of the Town of Westlake, Texas. Condominium (residential) means a building or complex of buildings on a single platted lot containing a number of individually owned residential units with certain jointly owned elements such as grounds and walkways. (Still under review by Town Attorney) Commissio n means the Planning and Zoning Commission of the Town of Westlake, Texas. Developer means the developer of the tract, or any portion of said tract, covered in this Ordinance as described in the legal description for said entire tract set out in Exhibit 1 to this Ordinance. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer ORDINANCE 703 PAGE 6 OF 90 perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit, or other masonry materials approved by the Commission and/or Council. PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the Planned Development Zoning District or Planning Area established or amended by this PD Ordinance. PD Ordinance means this Planned Development Zoning District ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Residential Unit : Any Building to designed, constructed, and intended to be occupied by a Single-Family. Single-Family, Detached Residential Unit: A Single-Family Residential Unit that may be conveyed with a fee-simple, platted lot and that has no common walls with another structure. Town means the Town of Westlake, Texas or the appropriate Town staff when designated as a reviewing agent. Townhome: A Residential Unit attached to additional Residential Units and/or Non-Residential Uses, that may be conveyed with a fee-simple, platted lot. Town Manager means the Town Manager of the Town of Westlake or his/her designee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as it exist at the time of the adoption of this PD Ordinance. ORDINANCE 703 PAGE 7 OF 90 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD1-2 Planning Area shall be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance shall control. Section 4.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan, Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings and documents generally labeled as (1) "Concept Plan" and (2) “Concept Plan Key” Except as otherwise provided by this PD Ordinance, each of these drawings and documents are a part of this PD Ordinance, and all graphic depictions and Concept Plan details included in the Concept Plan Key are considered "regulatory" standards. The drawing labeled "Concept Plan" identifies the general boundaries of the PD District. The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 5.2 PD Development Plan If the Council requires, as a condition of establishing the PD district and approving a PD concept plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each plan shall be submitted in 15 copies to the Town Manager or his designee. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the Town Manager, the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to Commission action. A PD development plan may be used where the developer requests or the Commission and/or Council requires certain standards for the PD district to be specified after initial establishment of the PD district, and constitutes an amendment to the approved PD concept plan and PD Ordinance. A ORDINANCE 703 PAGE 8 OF 90 PD development plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD development plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD district creation and to enable developers to satisfy conditions imposed on creation of the district prior to submittal of a PD site plan Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or extended period if approved by the council) unless, within such period, a preliminar y plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearing process that a zoning change is required to adhere to by State law. ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-2 Planning Area shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. The symbol “NSA” shall mean that the use was not specifically addressed in the original 1992 Zoning Ordinance Land Use Schedule referenced by the original PD1 ordinance. ORDINANCE 703 PAGE 9 OF 90 PD1 PLANNING AREA 2 (PD1-2) – MIXED-USE DEVELOPMENT LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP, NSA= Not Specifically Addressed in the PD1 use table, Blank= Not Allowed, (*) Signifies Uses with special guidelines, see section [Special Uses] PD1 PD1-2 AGRICULTURAL USES Community Garden and/or Vineyards NSA X Farms General (Crops) X X Farms General (Livestock, Ranch) X X Orchard X S Plant Nursery (Growing) X S Plant Nursery (Retail Sales) X S Stables ( As a Business) S Stables (Private Use) S S Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Wind Turbines RESIDENTIAL USES Detached Garage (Private) NSA A Servants/Caretakers Quarters* A A Single-Family Attached (Townhome, Brownstone) X Single-Family Detached X Condominium (residential) S Sport/Tennis Courts (Private) NSA A Swimming Pool (Private) NSA A Temporary Accommodation for Employees/Customers/Visitors* A A ORDINANCE 703 PAGE 10 OF 90 INSTITUTIONAL and GOVERNMENTAL USES Child Daycare (Private; 7 or more)* X S Child Daycare (Public; 7 or more)* X X Church or Place of Worship (with accessory uses)* X X Civic Club X X Clinic X X College or University X X Community Center (Public) X X Data Center NSA X Electric Transformers NSA X Electrical Substation S S Emergency Ambulance Service (Governmental) X X Fire Station X X Government Building X X Heliport/Helistop/Vertistop S S Hospice X S Hospital X S Library X X Nursing/Convalescent Home X X Package and Mailing Service (Private) X X Police Station X X Post Office (Governmental) X X Private Streets/Alleys/Drives NSA X Psychiatric Hospital X S Rehabilitation Care Institution NSA S Retirement Home X X School, K-12 (Private) X X ORDINANCE 703 PAGE 11 OF 90 School, K-12 (Public) X X School, Vocational X X Telecom, Electric, Cable and Fiber Optic Switching Station, Network Op Center X X Surgery Center – Overnight Stay NSA X Use Associated with Religious Institution X X Utility Distribution Lines (Buried)* X X1 Utility Distribution Lines (Overhead)* NSA X2 Utility Shop and Storage S S Water and Sewer Pumping Station (above grade) X S Water and Sewer Pumping Station (below grade) X X Water, Sewer, Electric and Gas Meters X X Water Storage Tank (Elevated or Ground) S S COMMERCIAL USES Accessory Building NSA A Administrative, Medical, or Professional Office NSA X Amphitheater – Public and/or Private - Over 300 seat NSA S Amphitheater – Public and/or Private - 300 seat or less NSA X Antenna and/or Antenna Support Structure, Commercial S S Antenna and/or Antenna Support Structure, Non-Commercial X X Antenna (Stealth, Commercial) X X Antique Shop and Used Furniture X S Aquarium, Bird and / or Pet Shop NSA X Artisan’s Workshop Art Gallery and/or Studio NSA X Assisted Living Facility NSA S Athletic Fields, Public and/or Private (non lighted) NSA X Athletic Fields, Public and/or Private (lighted) NSA S Auto Parts Sales, Inside S X ORDINANCE 703 PAGE 12 OF 90 Automo bile Car Wash NSA S Automobile Parking Lot/Garage (Paid and/or Free) NSA S Automotive Repair S Antique shop S Bakery – Custom with onsite production X X Ballroom NSA X Bank, Savings and Loan, or Credit Union X X Barber Shop and/or Beauty Salon X X Bed and Breakfast Inn (less than 12 rooms) NSA S Beer, Liquor & Wine Package Sales S S Bell Tower w/ Residential, Retail, Office and other vertically-integrated uses NSA X Boat Slips NSA X Bicycle / Skateboard / Scooter Shop NSA X Blacksmith Studio NSA X Book or Stationery Store NSA X Boat Slips NSA X Building Material and Hardware Sales, (inside only) X X Business Service NSA X Butcher Shop – (Custom Meat Market) NSA X Camera Store NSA X Cafeteria (Private) NSA X Candy – Confectionary Shop NSA X Candy Shop with onsite production NSA X Castle with adaptive re-use for Residential or any other approved use NSA X Cathedral with adaptive re-use for Residential or any other approved use NSA X Caretaker’s/Guard’s Residence A X Chapel – Wedding Event Center NSA X ORDINANCE 703 PAGE 13 OF 90 Children’s Theater NSA X Cigar and Tobacco Shop NSA X Civic/Convention Center X X Cloth Store X X Clothing store X X Cobbler / Custom Boot Maker Studio NSA X Coliseum (Public Amphitheater) with or without attached Residential Townhomes NSA X Commercial Amusement, Indoor NSA X Community Centers X X Convenience Store X X Country Club NSA X Conference Center X X Convenience Store without Gas Pumps X X Convenience Store with Gas Pumps X S Custom Clothier with on-site Tailor ing NSA X Dance Hall NSA S Dentist and/or Orthodontist NSA X Department Store NSA X Dress Maker with onsite production NSA X Drug Store / Pharmacy / Compounding X X Dry Cleaning & Press-Shop X X Electronics Store and/or Hobby Shop NSA X Farmer’s Market (Indoor and/or Outdoor) NSA S Film Developing & Printing NSA X Firehouse with adaptive re-use into Residential or any other approved use NSA X Florist NSA X Fraternal Organization, Lodge, Fraternity, or Sorority NSA S ORDINANCE 703 PAGE 14 OF 90 Furniture, Home Furnishings and Appliance Store NSA X Glass Blower NSA X Grocery Store X X Gymnastics/Dance Studio NSA X Hardware, Sporting Goods, toys, paint, wall paper X X Health/Fitness Center and/or Salon X X Home Occupation (no more than 250 sq. ft) NSA X Hospital and/or Hospice X X Hostel (up to 40 beds) NSA S Hotel – Major X X Hotel penthouses higher than 735’ MSL NSA S Hotel (Boutique or Limit Service) X S Household Appliance Service and Repair NSA S Household Furniture / Appliances X X Insurance Office X X Information processing X X Jewelry Shop / Repair and/or Optical Goods Store X X Laundromat NSA Laundry/Dry Cleaning (Drop-off and pick-up only) X X Locksmith/Security System Company X X Massage Therapy, Licensed X X Micro-brewery and/or Wine Production (< 30,000 sq ft) NSA S Mobile Food Vendor NSA S Multi-Purpose Event Center X X Museum/Art Gallery X X Musical Instrument Shop X X Offices (General) X X ORDINANCE 703 PAGE 15 OF 90 Parking Structure X X Performing Arts Center and/or Live Theater NSA X Personal Services X X Photography Studio X X Print Shop, Minor X X Private Club NSA S Private Recreation Center X X Public Water Feature (Lake, Moat, Waterway) NSA X Real Estate Sales/Leasing Office X X Restaurant or Cafeteria (Public) X X Restaurant, Drive In X S Retail Stores and Shops (excluding second hand goods) X X Retail/Service Incidental Use NSA X Salon X X Service Station X S Signature Bridges (Exterior all stone) as approved by Site Plan. NSA X Shoe repair X X Ski Shop X X Small Engine Repair Shop (no outside storage or display) NSA S Spa, Swimming Pool, Tennis Courts (Public and/or Private) X X Stationary store X X Telecommunications Studio with Offices X X Temporary Building NSA A Theater, Neighborhood (up to 6 screens) NSA X Theater, Regional (up to 24 screens) NSA X Transit Stop NSA X Travel Agency NSA X ORDINANCE 703 PAGE 16 OF 90 Variety Store X X Vineyard NSA X Water Taxi / Lake Cruise NSA X Wedding Chapel NSA X Winery and/or Wine Bar NSA S AMUSEMENT / RECREATION Golf Course (Public or Private) X Bowling Alley NSA S Park or Playground X X Satellite Dish* X X Non-Commercial Radio Tower S S Recreation Facility, Health Studio X X AUTO SERVICES Truck/Trailer Rental X Auto Body Repair Auto Mechanic Repair S Quick Lube / Oil Change X Vehicle Maintenance (Private) X WHOLESALE TRADE Warehouse / Storage (inside) Warehouse / Storage (outside) Scrap/ Waste Recycling Collection Gas/Chemical Bulk Storage Light Manufacturing / Assembly S Apparel Manufacturing Packaging and /or Distribution ORDINANCE 703 PAGE 17 OF 90 1 Including Water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utilit y distribution lines located within easements approved by the Town. 2 Limited to period of construction SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. SECTION 3 RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential Use Summary Table”. Section 3.1: Pace of Residential Use Development within PD1-2: 3.1.1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. “First year of active development” is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3.1.2 From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3.1.1) is substantially completed, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft. of non-residential use building space has been permitted for each additional Residential Unit permitted. 3.1.3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six-months of being included in the 1500:1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. SECTION 4 OTHER PRESCRIBED RESIDENTIAL USES Printing, Engraving and related Reproductive Services Distribution of Books / Other Printed Material Machine Shop Welding Shop ORDINANCE 703 PAGE 18 OF 90 Section 4.1 Townhomes: The Developer may build Townhomes, as further described in Exhibit 6, with the intent that these structures mimic the varied, attached residential components found naturally in a small European Village. Changes in massing of the structures are to be accomplished through the variety in the number of units per building and the orientation of the garage doors where applicable. 1. Townhomes shall be built in clusters of no less than 2 units per contiguous building and no more than 18 units per contiguous building. 2. Townhomes shall be conveyed on a fee-simple, platted lot . Section 4.2 Residential condominiums: Residential condominiums are only allowed by SUP as shown in Exhibit 6. Section 4.3 Single-Family, Detached Residences: The Developer may build Residential Single-Family, Detached Residences within PD1-2 as further described in Exhibit 7. These Units shall be constructed on fee-simple, platted lots. Section 4.4 Coliseum Townhomes and/or Offices: The Developer may construct a ring of Residential Townhomes and/or Office s along the upper edge of the Coliseum. SECTION 5 OTHER PRESCRIBED COMMERCIAL/RETAIL USES Section 5.1 Outdoor Display of Merchandise 1. All outside display of merchandise shall conform to the following guidelines: a. All outside storage and/or display requires an outdoor display permit from the Town. b. All outside display will be limited to the normal business hours. b. A minimum clear unobstructed width of 48-inches measured from the curb shall be ma intained on the public right -of-way/sidewalk. 2. The Town reserves the right to require the removal of any merchandise displayed outside on the public right -of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Maximum Density and FAR: No FAR limitations are imposed by this Ordinance. Maximum density is a functio n of the scale, size and scope of each phase of the Village Development as prescribed within Exhibit 3 “Westlake Entrada Development Standards” and Exhibit 6 “Westlake Entrada Residential Development Standards” as well as the PD Concept Plan, the PD Site P lans, any Developer Agreement s and height restrictions established in this Article. SECTION 2 MINIMUM LOT SIZE: Minimum lot size is 400 sq. ft. SECTION 3: MINIMUM LOT WIDTH: There is no minimum lot width. ORDINANCE 703 PAGE 19 OF 90 SECTION 4: MAXIMUM BUILDING HEIGHT Section 4.1 The maximum height for all structures located within PD1-2 is 735’ Mean Sea level (MSL) Section 4.2 The following exceptions for this restriction may be allowed, if approved by Town Council via the Site Plan approval process: 1. Architecturally-correct Bell Towers and Hotel Core Room Towers. a. Bell Towers designed for occupancy are restricted to 220’ above grade. Architectural Embellishments on the Bell Towers are not to exceed 25% of total Building Height. b. Hotel Core Room Towers are not to exceed 12 Stories above grade. c. Three-story Penthouses may be allowed above Hotel Core Room Tower story restrictions if approved by the Town. Section 4.3 All non-residential floor space provided on the ground floor of a mixed-use building must have a minimum plate height of twelve (12) feet. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Minimum Building Sizes for Residential Units are defined in Exhibit 7. Section 5.2 Minimum building size for any non-residential primary use structure shall be 400 sq ft. Section 5.3 Building size, as used in this section, shall mean heated and air-conditioned area. SECTION 6 FRONT YARD SETBACKS There shall be no minimum Front Yard Setbacks. SECTION 7 REAR YARD SETBACKS There shall be no minimum Rear Yard Setbacks. SECTION 8 SIDE YARD SETBACKS There shall be no minimum S ide Yard Setbacks except as to accommodate Building Code and Fire Code regulations . SECTION 9 GARAGE SETBACKS Garages may be set back from the property line either a distance less than 5’ or a distance greater than 25’ in order to avoid having vehicles parked in the driveway blocking sidewalks or pedestrian access. SECTION 10 SLOPE REQUIREMENTS ORDINANCE 703 PAGE 20 OF 90 Section 10.1 The height of non-residential structures within the PD District shall not be limited based on any ad jacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. Section 10.2 All structures shown on an approved Site Plan are exempt from slope-proximity requirements. SECTION 11 BUILDING DESIGN ELEMENTS The standards and criteria contained in this Section shall be the minimum standards for all new development. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance and/or Subdivision Ordinance, the regulations of this Section shall apply. Section 11.1 Architecture All Permanent Structures to be erected within PD1-2 shall follow the specific Westlake Entrada Design Guidelines submitted as Exhibit 4 to this Ordinance. Section 11.2 Site Plan and Building Elevation Review Each Permanent Structure shall have a final Site Plan and Building Elevation review and approval from the Town prior to issuance of a building permit. This review and approval is to ensure compliance with Specific Design Guidelines, overall fit into Westlake Entrada as it matures as a Village, and adherence to the spirit and intent of the foundational framework of a small, European Village. Changes that constitute a material change to the design guidelines will be considered a zoning change and subject to the required zoning change process. Section 11.3 Architectural Embellishments 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof forms whose area in plan is no greater than 25% of the first floor foot print may exceed the height limits by up to twenty (20) feet provide such changes are reflected on the approved Site Plan. 2. Mechanical equipment, including mechanical/elevator equipment, penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar items may extend up to twenty (20) feet above the actual build ing height, provided they are completely screened from view a viewed from neighboring property or right-of-ways, and that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building façade(s) or as architectural embellishments as described above, and that such items are reflected on the approved Site Plan. Section 11.4 Residential Exterior Wall Materials: 1. Only durable materials shall be allowed as primary exterior wall materials. Primary materials include clay fired brick, natural stone, granite, marble, stucco, and, when ORDINANCE 703 PAGE 21 OF 90 approved by Town Council, manufactured stone. Native Texas stone materials shall be of primary consideration in the building material selection process. 2. Primary materials shall comprise as least eighty (80) percent of each floor, exclusive of doors and windows. EIFS shall not be used as an exterior building material. 3. Only primary building materials are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. 4. Secondary materials used on a building façade are those which comprise less than a total of twenty (20) percent of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, or other materials as approved by the Town Manager. 5. Four-Sided Building Design: All buildings shall be architecturally finished on all sides with the same materials, detailing, and features. 6. Single-family detached houses and Townho mes or villas must have 80% stone exterior wall materials. Section 11.5 Building Entries 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. Each building and separate lease space at grade along the street edge shall have a functioning “Primary Entry” from the sidewalk. Corner entries may count as a Primary Entry for both intersecting street fronts. Section 11.6 Awnings, Canopies, Arcades, & Overhangs 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. 2. The material of awnings and canopies shall be architectural materials that complement the building. 3. Canopies and awnings shall respect the placement of street trees and lighting. 4. All large canopies (i.e. gas stations, banks, etc.) that require structural columns for support shall have a minimum six (6) feet masonry or ornamental iron/steel (or other approved material) finish measured from the finished grade. Materials used on columns and canopies shall be complementary to the building Section 11.7 Building Articulation 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. 2. Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building façade. Design articulation should not apply evenly across the building façade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. ORDINANCE 703 PAGE 22 OF 90 Section 11.8 Above-Grade Structured Parking 1. Where parking garages are within views of streets or adjacent property, the portion of the parking garage that is visible shall have an architecturally finished façade compatible with the surrounding buildings and shall look more like regular buildings than parking structures or as approved by Town Council via the Site Plan approval process. 2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. Section 11.9 Projections into Rights-of-Way The following projections shall be permitted into a public easement or right -of-way, provided that 1) no projection shall be permitted into a public easement or right-of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.); 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non-injurious manner. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face. 4. Canopies and/or awnings may project from the building face and may extend into rights- of-way if a minimum sidewalk clearance and/or distance to a street tree of six (6) feet is maintained. Additionally, they may be extended or be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than eighteen (18) inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. 6. Pedestrian Bridges shall be permitted to extend over public right-of-ways and/or private access easements provided that a minimum vertical clearance of 14 feet from side to side, or 17’ from the high point of an arch. Section 11.10 Extensions into Rights-of-Way Outdoor eating areas and outdoor display of retail items for sale may extend into rights-of-way if a minimum sidewalk clearance and/or distance to a street tree of three (3) feet is maintained, provided that no extensions shall be permitted into a public easement or right-of-way of SH 114, Solana Boulevard and FM 1938 (Davis Blvd.). Additionally, a five-foot (5) clear access path must be maintained along the edge of curb within Public Right of Way. Section 11.11 Roofing Material Roofing materials shall be limited to materials approved by the adopted building code that are either natural slate or authentic clay tile, or have the appearance of slate or clay tile when approved by the Town. Flat roofing systems where appropriately masked from street-level view ORDINANCE 703 PAGE 23 OF 90 corridors by parapets and/or other architectural features are permitted. Standing seam metal roofing may be used only for minor areas such as porches and patios and in areas not generally visible. No composition roofs are allowed. Section 11.12 Roof Pitch No minimum roof pitch prescribed. Roof pitches and orientation should vary to resemble a Village t hat has developed or evolved over many years. Section 11.13 Non-residential Exterior Wall Materials Exterior wall shall be 100% masonry except for doors and windows. Brick, stone, cast stone, and stucco are approved materials. Manufactured stone may be approved by the Town Council via the Site Plan approval process. Siding of any type is prohibited. Section 11.14 Gutters and Downspouts. Gutters and down spouts shall be made of anodized metal or copper and all visible gutters to be constructed as half-round design. Section 11.15 Driveways and sidewalks All driveways and sidewalks, other than common area sidewalks, shall be stamped with a Entrada unique Cobblestone Pattern (to be approved by the Town), stained or have an exposed aggregate finish, as allowable to conform to ADA standards. SECTION 12 SIGNAGE Section 12.1 Special sign standards. 1. Subdivision monument signs. Two subdivision monument signs are allowed at each entrance to a Single-family subdivision or multifamily development. The standards for subdivision monument signs are as follows: a. The signs must be monument signs (whose length exceeds height) and may be located within roadway landscape zones (excluding visibility triangles at intersections). b. Content is limited to the name and logo of the subdivision. c. The maximum size of each monument sign is 40 square feet; the maximum sign area is 24 square feet; and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. d. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. e. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. f. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face unless otherwise approved in the Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. ORDINANCE 703 PAGE 24 OF 90 2. Business monument signs (Type 1). Each lot is entitled to one monument sign for each street frontage of the lot. Type 1 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 1 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d. Sign elements may be carved into the construction materials, may co nsist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size and maximum sign area is 20 square feet; (b) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (c) the minimum setback is ten feet, measured from the public right -of-way. f. If the total floor area of a building is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. g. If the total floor area of a building is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. h. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 3. Business monument signs (Type 2). Each building on a lot is entitled to one monument sign for each street frontage of the lot. Type 2 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 2 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. ORDINANCE 703 PAGE 25 OF 90 d. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. Maximum sign size is three feet high and six feet long regardless of building size. f. Each monument sign must be parallel to the street and placed no closer to the street than the "build to line" for the applicable street. Where no “build to line” is established, the PD Site Plan will regulate location. g. The space between the sign and the building must be landscaped unless otherwise approved on the Site Plan. h. Signs must not significantly block the flow of pedestrians on the sidewalks. 4. Business group monument signs. The Town would like to encourage buildings to forego erecting individual monument signs in favor of "joint" or "group" monument signs. To further this objective, the Town encourages property owners to designate "group sign areas" as follows: a. A group sign area is any contiguous area (excluding streets, other rights-of-way, and public areas) designated as such by all the owners thereof (using a metes and bounds description). The designation can be made at any time prior to or concurrent with the submission of a site plan for the area, and all such designations are subject to the approval of the board. Land can be removed from any group sign area with the consent of the board and the consent of the owner(s) of the land being removed; provided, however, the area that remains must continue to comply with the requirements of this subsection. Land can also be added to any group sign area with the consent of the board and the consent of the owner(s) of the land being added; provided, however, the expanded area must continue to comply with the requirements of this subsection. b. Each group sign area is entitled to one group monument sign for each primary entrance of the group sign area. Group monument signs may only include the name and logos of buildings and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for group monument signs are as follows: i. Signs may be located within any required front yard. ii. Construction materials are limited to stone, cast stone brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. iii. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. iv. If the total floor area of all buildings within the group sign area is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. v. If the total floor area of all buildings within the group sign area is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the ORDINANCE 703 PAGE 26 OF 90 maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right- of-way. c. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 5. Retail facade signs. Each building on a lot is entitled to facade signs attached to the facades of the building. Facade signs may only include the name of the building and/or the name of business occupants; and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all business facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. Except as provided (g) below, the maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all signs on any one building facade is four percent of the area of the building facade. e. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. f. Signs must be architecturally consistent with the buildings to which they are attached. 6. Large retail façade signs. Each business occupant that occupies at least 25,000 square feet of gross leasable area is entitled to facade signs attached to the facades of the building. Facade signs may only include the name and logo of the building and/or the name and logo of the business occupant, and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all big box retail facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. The maximum aggregate sign area of all signs advertising one business is the lesser of (a) 260 square feet or (b) the greater of 40 square feet or four percent of the street facing building facade occupied by such business. d. Signs must be architecturally consistent with the buildings to which they are attached. 7. Special project entry signs. The PD 1-2 Concept Plan identifies roadway entries into the PD district. It is anticipated that these entries will be designed to include special project entry signs which may vary from the standards set forth herein. These special project entry signs will require commission approval as part of a PD site plan. 8. Building identification and directory signs. Each commercial building on a lot is entitled to identification and directory signs attached to the facades of the building. Identification and directory signs are not restricted to the name and logo of the business occupant. The standards for all identification and directory signs are as follows: a. No limit on letters up to four inches high. ORDINANCE 703 PAGE 27 OF 90 b. Each building is entitled to one directory sign (not to exceed six square feet) at each main building entrance. c. Each building is entitled to one building identification sign (limited to the name of the building) on each street facing building facade. The maximum sign area of each building identification sign shall be 24 square feet. Building identification signs may be placed above the first floor spandrel, but not above the roofline. d. Signs can be placed on any building facade. e. Signs must be architecturally consistent with the buildings to which they are attached. 9. Business projecting signs. Within each building each business occupant with a first floor business or an upper floor business that can be accessed directly by exterior stairs is entitled to one projecting sign attached to the facades of the building where the entrance is located. Projecting signs are not restricted to the name and logo of the business occupant. The standards for all business projecting signs are as follows: a. Signs can be placed on any building facade, but not above the first floor spandrel. b. No sign may project more than five feet from a building facade. c. The maximum sign area is 12 square feet; the maximum height is three feet. d. All signs must have a minimum vertical clearance of eight feet above the sidewalk. e. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 10. Business awning signs. Each first floor business occupant or business occupant with a first floor entrance within a building, which business or business entrance has an awning, is entitled to awning signs. Awning signs will be a part of or applied to an awning which is attached to the facades of the building. Awning signs are not restricted to the name and logo of the business occupant. The standards for all awning signs are as follows: a. Signs can be placed on any awning projecting from the building, but not above the first floor spandrel. b. The maximum sign area is eight square feet. c. All awning signs must have a minimum vertical clearance of eight feet above the sidewalk. d. Signs are intended to be primarily graphic. 11. Business hanging signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to one hanging sign suspended from the canopies, colonnades or covered passages of the building. Hanging signs are not restricted to the name and logo of the business occupant. The standards for all hanging signs are as follows: a. Signs can be suspended, so long as perpendicular to the building facade, from canopies, colonnades or covered passages on any building, but not above the first floor spandrel. b. Signs suspended from canopies and colonnades must be centered in the canopy or colonnade from which they are suspended; signs suspended from any covered area between two buildings may not project more than four feet from a building facade. c. The maximum sign area is four and one-half square feet. d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is three inches. e. All signs must have a minimum vertical clearance of eight feet above the sidewalk. ORDINANCE 703 PAGE 28 OF 90 f. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 12. Business window signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to window signs painted or applied to the glass surface of the first floor windows. Window signs are not restricted to the name and logo of the business occupant. The standards for all window signs are as follows: a. Signs can be placed on the glass surface of street facing windows, but not above the first floor spandrel. b. The maximum sign area is 12 square feet. c. The maximum height of each sign is two feet. d. Signs are intended to be primarily graphic. 13 General directional signs. Directional signs are allowed on property (whether platted or not) adjacent to the intersection of two streets. The standards for directional signs are as follows: a. The sign must be a monument sign and may be located within roadway landscape zones, within public rights-of-way (including street medians), and within any required front yard or as approved on the Site Plan. b. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border, for stone and cast stone, or other materials approved by the board. c. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d. Content is limited to words and arrows the only purpose of which is to direct vehicle traffic to "generic" destinations such as "Town Center", "Civic Center", "Recreation Center", "Performing Arts Center", "Equestrian Center", "Lakeside", "Playground", "Hospital", "Library", "Museum", "Country Club", "Sports fields", and other similar terms that generally describe the destination. e. The maximum sign area is eight square feet, and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. There is no minimum setback. f. There is no limit on the number of directional signs. 14. Temporary signs. A residential home builder may place temporary signs, including the builder's name and logo, at subdivision entrances in which such builder is constructing homes. SECTION 13 LANDSCAPE REQUIREMENTS Section 13.1 Landscape Requirements The standards and criteria contained in this Section are the minimum standards for all new development within PD1-2. All landscaping shall be reflected on the required Landscape Plan which is to accompany the Site Plan. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance, the regulations of this Section shall apply. 1. Intent. It is the intent of this section to preserve and enhance the Town's highly visible edge in order to reinforce the rural and natural qualities of the community. This zone can ORDINANCE 703 PAGE 29 OF 90 facilitate positive vistas to prominent knolls and valleys while softening development with tree massing that will establish a unique rural environment for the Town, while still protecting view corridors along the Town’s major highways. 2. Compliance with the Town Edge Zone landscape requirements contained in the Town of Westlake Code of Ordinances is amended for this PD to require a landscape zone with an average width of 150 feet, and a minimum width of 50 feet from the State Highway 114 right -of-way. 3. Roadway Landscape Zones for Solana Blvd. and FM 1938 (Davis Blvd.) shall be a minimum 35 feet deep. The required Landscape Plan must include landscaping along FM 1938 (Davis Blvd.) that conforms to the 2011 FM 1938 (Davis Blvd.) Landscape Corridor Plan. 4. Wildflower planting areas along SH 114 and Solana Blvd. shall be detailed in the Landscape Plan. 5. 60 percent of the tree plantings included in the Landscape Plan shall be a minimum three-inch caliper, and 40 percent shall be a minimum of 2” caliper. 6. A Hike and Bike trail will be include in the Landscape Plan which provides connectivity of the Town’s existing and planned trail system. Section 13.2 Interior Village Landscaping Requirements 1. In conditions where paving runs all the way to the front building line as occurs in small European villages, landscaping is not required. The Landscape Plan shall include detailed landscaping around buildings, intersections and parking areas depicted on the Site Plan. Plantings in large-scale containers and window boxes are encouraged if no other landscaping is present. 2. Parking lot landscaping shall comply with Town ordinances u nless a deviation from the Town ordinances is specifically approved by the Town Council via the Site Plan approval process. 3. Permanent irrigation shall be provided for all required landscaping as follows: a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 ½) feet from a Town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be proposed in the Landscape Plan. ORDINANCE 703 PAGE 30 OF 90 Section 13.3 Service Equipment and Areas 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and be identified on the Site Plan. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. 3. Screening: a. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets.. b. Screening materials for solid waste collection and loading areas shall be the same as the materials used for the principal building, or a six (6) foot solid masonry wall. Trash dumpsters shall have a door, which shall generally remain closed at all times. c. No internal screening between residential and non-residential uses is required within the boundaries of PD1-2. Screening fences, walls, buffer zones or boundaries between horizontally integrated and vertically integrated uses on single, adjacent and/or adjoining lots or parcels are allowed but not required. Section 13.4 Fencing 1. All fences shall conform to the following standards 2. Fencing is allowed between the primary facade of the building and the build-to-line. 3. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor seating area extends into the adjacent right-of-way. 4. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry and shall conform to the following standards: a. Fences may be built to a maximum seven feet in height. However: i. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a right -of-way line for a roadway or open space corridor; ii. No chain-link fences shall be allowed unless completely screened from adjacent public areas and properties by either structures or by solid landscape screening; iii. No solid wood fencing shall be allowed; and iv. Fences which are greater than 25 percent solid masonry shall be considered solid fencing. v. Precast solid fencing shall require special approval by the Town Council. Section 13.5 Streets and Sight Triangles Within PD1-2 the following street design standards shall apply: 1. Sight triangles for all vehicular intersections shall be established based on the minimum standards reflected in the UDC unless otherwise specified in the Site Plan. 2. Adequate sight distance shall be provided at all intersections throughout the development in accordance with Town ordinances. ORDINANCE 703 PAGE 31 OF 90 3. Nothing contained herein shall vary or supersede public safety requirements of the Town of Westlake as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Westlake. SECTION 14 OUTDOOR LIGHTING STANDARDS Section 14.1 Lighting Requirements An Outdoor Lighting Plan must be submitted in conjunction with the required Site Plan. Lighting will to the greatest extent possible reflect the lighting standards established in the Code of Ordinances. The Outdoor Lighting Plan shall include the following: 1. Layout of the proposed fixture locations. 2. The light source. 3. The luminous area for each proposed light source with photometric in foot-candle measurement. 4. The type and height of the light fixture or of the light source above grade. 5. The type of illumination. Section 14.2 Up-Lighting Down-lighting Limited up-lighting may be considered in the Lighting Plan submittal with minimum up-lighting allowed for the Chapel, the Bell Tower and the Town Hall. Up-lighting and Down-lighting specifications required in 13.1 shall be presented in the Lighting Plan. Section 14.3 Parking Area Lighting Overhead lighting for public and private parking areas shall utilize “fully-shielded” and/or “full cut-off” fixtures. In accordance with the Town of Westlake lighting standards contained in the Code of Ordinances and shall be included in the required Lighting Plan submittal. . SECTION 15 PARKING STANDARDS Section 15.1 Required parking shall be located and maintained anywhere within PD1-2, and may also include additional overflow parking as available offsite. Section 15.2 On-street parking and shared parking anywhere within PD1-2 may be counted towards meeting the off-street parking requirement for any use within PD1-2 provided appropriate Joint-Use Parking Agreements are approved and filed as required by the Town. Section 15.3 Parking may be located in structured garages as approved by the Town. Section 15.4 When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. Section 15.5 Speed bumps/humps are not permitted within a fire lane. Section 15.6 In the case of mixed uses, uses may share parking spaces where it can be demo nstrated to the Town that the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: ORDINANCE 703 PAGE 32 OF 90 1. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. 2. The applicant shall submit a parking analysis, prepared by a registered engineer, to the Town approval. Section 15.7 Up to seventy-five (75) percent of the parking spaces required for a theater or other place of evening entertainment (after 5:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours. Section 15.8 Parking spaces shall be provided in accordance with Town ordinances unless a parking analysis is provided with a Site Plan application and is approved by the Town. SECTION 16 UTILITY PLACEMENTS All ut ility lines and shall be underground. All utility equipment shall be underground or completely screened from view. SECTION 17 OPEN SPACES Section 17.1 The PD1-2 planning area shall contain a minimum of 20% Open Space which is privately owned and publicly accessible. Open Space details shall be included in the Site Plan submittal. Section 17.2 Specific Features to be included in this open-space calculation include: 1. All constant -elevation water features, within free-board limits defined for storm water detention requirements 2. Open, public Plaza and gathering areas 3. Coliseum Acreage and improvements 4. Buffers along SH 114 5. Parkways and medians on streets with on-street parking 6. Other public facilities such as walks, plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. Section 17.3 The open space may not consist of any of the following elements: 1. Vehicular parking. 2. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. 5. Detention areas not treated as described above. SECTION 18 GENERAL REQUIREMENTS Section 18.1 Development shall reflect the attached PD Concept Plan. (Exhibit 2) ORDINANCE 703 PAGE 33 OF 90 Section 18.2 Plats and/or Site Plans submitted for the development shall conform to the data presented and approved on the Concept Plan. 1. Minor changes or corrections on the Concept Plan, the Site Plan, the Landscape Plan or the Outdoor Lighting Plan may be authorized by the Town Manager, if such changes do not constitute a zoning change that would require public hearing and consideration by Planning and Zoning Commission and/or the Council, and the proposed changes do not: a. Alter the uses permitted, b. Increase the building height, c. Change density d. Reduce the building lines provided at the boundary of the site e. Significantly alter any open space plans. f. Affect quality standards. SECTION 19 PUBLIC ROADWAYS AND STANDARDS Roadway Design Standards will adhere to Exhibit 5 as prescribed. Roadway cross sections, while comporting to this standard, will be examined on a case by case basis with each Site Plan submittal and may be modified depending on adjacent uses and structures as may be approved by the Town. ARTICLE VI. EXHIBITS EXHIBIT 1 Legal Description of PD1-2 District Exhibit A1 – Graphic drawing of PD1-2. EXHIBIT 2 PD Concept Plan EXHIBIT 3 Westlake Entrada Development Standards EXHIBIT 4 Westlake Entrada Design Standards EXHIBIT 5 Westlake Entrada Public Roadway Standards EXHIBIT 6 Westlake Entrada Residential Development Standards EXHIBIT 7 Westlake Entrada Residential Use Summary Table ORDINANCE 703 PAGE 34 OF 90 LEGAL DESCRIPTION EXHIBIT 1 Legal Description of PD1-2 District 85.90 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right -of-way as dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet; THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right -of-way, as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746, Deed Records of Tarrant County, Texas the following: Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the end of said curve; North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03 seconds West a distance of 201.11 feet; Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet; Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at the end of a said curve; North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet; Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap a t the end of said curve; North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with Graham cap; ORDINANCE 703 PAGE 35 OF 90 North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width right -of-way, as described in Dedication Deed to Town of Westlake as recorded under Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet; THENCE along the easterly right-of-way line of Precinct Line Road, the following; Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with Graham cap; North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the southerly right-of-way line of State Highway 114 (a variable width ROW); THENCE along the southerly right -of-way line of State Highway 114, the following; North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees 48 minutes 28 seconds West a distance of 0.43 feet; South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of Transportation brass disk in concrete found; South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet; Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass disk in concrete found; South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of Transportation brass disk in concrete found; South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet; Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No. 1; THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron ORDINANCE 703 PAGE 36 OF 90 rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake Park Addition No. 1; THENCE South 5 2 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in the west line of Lot 2, Block 1; THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less. ORDINANCE 703 PAGE 37 OF 90 ORDINANCE 703 PAGE 38 OF 90 Exhibit 2 ORDINANCE 703 PAGE 39 OF 90 ORDINANCE 703 PAGE 40 OF 90 ORDINANCE 703 PAGE 41 OF 90 ORDINANCE 703 PAGE 42 OF 90 ORDINANCE 703 PAGE 43 OF 90 ORDINANCE 703 PAGE 44 OF 90 ORDINANCE 703 PAGE 45 OF 90 ORDINANCE 703 PAGE 46 OF 90 ORDINANCE 703 PAGE 47 OF 90 ORDINANCE 703 PAGE 48 OF 90 ORDINANCE 703 PAGE 49 OF 90 ORDINANCE 703 PAGE 50 OF 90 ORDINANCE 703 PAGE 51 OF 90 ORDINANCE 703 PAGE 52 OF 90 ORDINANCE 703 PAGE 53 OF 90 ORDINANCE 703 PAGE 54 OF 90 ORDINANCE 703 PAGE 55 OF 90 ORDINANCE 703 PAGE 56 OF 90 ORDINANCE 703 PAGE 57 OF 90 ORDINANCE 703 PAGE 58 OF 90 ORDINANCE 703 PAGE 59 OF 90 ORDINANCE 703 PAGE 60 OF 90 ORDINANCE 703 PAGE 61 OF 90 ORDINANCE 703 PAGE 62 OF 90 Exhibit “4” ORDINANCE 703 PAGE 63 OF 90 ORDINANCE 703 PAGE 64 OF 90 ORDINANCE 703 PAGE 65 OF 90 ORDINANCE 703 PAGE 66 OF 90 ORDINANCE 703 PAGE 67 OF 90 ORDINANCE 703 PAGE 68 OF 90 ORDINANCE 703 PAGE 69 OF 9 0 ORDINANCE 703 PAGE 70 OF 90 ORDINANCE 703 PAGE 71 OF 90 ORDINANCE 703 PAGE 72 OF 90 ORDINANCE 703 PAGE 73 OF 90 ORDINANCE 703 PAGE 74 OF 90 ORDINANCE 703 PAGE 75 OF 90 ORDINANCE 703 PAGE 76 OF 90 ORDINANCE 703 PAGE 77 OF 90 ORDINANCE 703 PAGE 78 OF 90 ORDINANCE 703 PAGE 79 OF 90 ORDINANCE 703 PAGE 80 OF 90 ORDINANCE 703 PAGE 81 OF 90 ORDINANCE 703 PAGE 82 OF 90 ORDINANCE 703 PAGE 83 OF 90 ORDINANCE 703 PAGE 84 OF 90 ORDINANCE 703 PAGE 85 OF 90 ORDINANCE 703 PAGE 86 OF 90 ORDINANCE 703 PAGE 87 OF 90 ORDINANCE 703 PAGE 88 OF 90 ORDINANCE 703 PAGE 89 OF 90 ORDINANCE 703 PAGE 90 OF 90 Exhibit 7 4/16/2013 16:42 Westlake Entrada Residential Use Summary Table: 322 Total Number of Residential Units Allowed Actual Unit mix to be determined at each Concept Site Plan Single-Family, Detached Homes: 2500 sq. ft.Minimum Home Size Townhomes (Attached): 1,800 sq. ft. Minimum Home Size Condominiums - residential: Size, number, and configuration to be approved by SUP. 322 Total # of Proposed Residential Units 114 35.4%% Between 1800 sqft AC and 2500 sqft AC 110 34.2%% Between 2500 sqft AC and 3600 sqft AC 98 30.4%% Between 3600 sqft AC and 12,000 sqft AC 322 Total Number of Residential Units Upon Completion of the Residential Component, the average Residential Unit size will exceed 2500 sqft TBD: Final Residential Unit Mix TO BE DETERMINED at Final Site Plans for each Phase of Development