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Home My WebLink About01-25-16 TC Agenda Packet � •�I I I / / / I I'I 'I . / / I I I / / / / / I I / I / ' I/ 'I �;��W��'*C�. ,� �I\�"5�� ,��s � �� 1rfE�� . � Vision Statement An oasis of natura/beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and quality of life amenities amidst an ever expanding urban landscape. • • � � . 1 . • 1 � � . : � . ' ' 1 � � � , , � � � • � � • 1 1 � ' . � . 1 � Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, whi/e ser�ing our residents and businesses with superior municipa/and academic services that are accessib/e, e�cient, cost-effective, and transparent. Westlake, Texas- "One-of-a-kind community; natural oasis-providing an exceptional level of service." ..- . . Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. (10 min) 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (There will no presentations associated with the report items.) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2015. 5. DISCUSSION ITEMS a. Presentation and Discussion Regarding Status of Developing a Transfer of Development Square Footage Ordinance. (is m�n� b. Standing Item: Update and discussion regarding the Granada Development, including items posted on the regular session agenda. c. Standing Item: Update and discussion regarding the Entrada Development, including items posted on the regular session agenda. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental Page 2 of 6 body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Project Lynx e. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. AD70URNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. Fire Department Badge Pinning Ceremony — Marcus Lopez 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask stafF to review the matter, or an item may be noticed on a future agenda for deliberation or action. Page 3 of 6 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minute from the December 14, 2015, meeting. b. Consider approval of Ordinance 764, Calling the May 7, 2016, General Election to elect a Mayor and two Council Members for two (2) year terms. c. Consider approval of Resolution 16-01, Approving an Interlocal Agreement with the City of Frisco for Fire Department Purchasing. d. Consider approval of Resolution 16-02, Authorizing the Town Manager to execute a contract with RJN, Inc. in the amount of $39,271.00 for flow monitoring of sanitary sewer lines. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Project Lynx Page 4 of 6 e. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 765, APPROVING A ZONING CHANGE FROM NON-ZONED TO R-5 ��COUNTRY RESIDENTIAL DISTRICT" FOR TWO NEWLY ANNEXED TRACTS OF LAND COMMONLY KNOWN AS 2205 AND 2217 PEARSON LANE, 5.28 ACRES IN TOTAL FROM NON-ZONED TO R-5 "ESTATE RESIDENTIAL" FOR TWO NEWLY ANNEXED TRACTS OF LAND COMMONLY KNOWN AS 2205 AND 2217 N. PEARSON LANE, WESTLAKE TEXAS. 9. CONDUCT A PUBLIC HEARING AND CONSIDERATION ORDINANCE 766, APPROVING SPECIFIC USE PERMIT TO ALLOW THE SALE OF BEER, LIQUOR, AND WINE PACKAGE SALES AT THE CVS PHARMACY STORE TO BE LOCATED AT 35 ARTA DRIVE, BEING LOT 3, BLOCK N, OF THE WESTLAKE ENTRADA SUBDIVISION. 10. CONDUCT A PUBLIC HEARING AND CONSIDERATION ORDINANCE 767, AMENDING ORDINANCE 691, THE ORDINANCE THAT AMENDED THE PD1 PLANNED DEVELOPMENT ZONING DISTRICT, CREATING AND REGULATING PD 1-1 PLANNING AREA. THE PROPERTY IS PARTIALLY DEVELOPED AND INCLUDES MULTIPLE PARCELS OF LAND INCLUDING THE PROPERTY COMMONLY KNOWN AS SOLANA. THE PROPERTY IS GENERALLY LOCATED SOUTH OF HWY 114 EXTENDING FROM DAVIS BLVD. EASTWARD TO THE TOWN BORDER, AND IS BOUNDED BY THE GRANADA SUBDIVISION TO THE WEST, AND GLENWYCK FARMS, CARLYLE, AND TERRA BELLA SUBDIVISIONS TO THE SOUTH. THIS IS A TOWN INITIATED AMENDMENT AND THE PROPOSED AMENDMENTS ARE LIMITED TO THE DEVELOPMENT REGULATIONS AND DO NOT CHANGE THE PERMITTED USES OR ALLOWED DENSITY WITHIN THE DEVELOPMENT. Page 5 of 6 11. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under ��Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Council Member Rennhack - Discuss public / private partnership to attract retail, restaurants etc. to Entrada and other Westlake developments. Council Member Langdon — Discuss pet registrations and pet safety. 12. AD70URNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, January 21, 2016, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Page 6 of 6 Town Cou nci I Item # 2 — Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indi�isible. " Town Cou nci I Item # 3 — Review of Consent Items REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minute from the December 14, 2015, meeting. b. Consider approval of Ordinance 764, Calling the May 7, 2016, General Election to elect a Mayor and two Council Members for two (2) year terms. c. Consider approval of Resolution 16-01, Approving an Interlocal Agreement with the City of Frisco for Fire Department Purchasing. d. Consider approval of Resolution 16-02, Authorizing the Town Manager to execute a contract with RJN, Inc. in the amount of $39,271.00 for flow monitoring of sanitary sewer lines. . ��y��.S�Y �'��. f f ��k��; estlake Town Council . �,�k ,�� -,,ti_��r.;r TYPE OF ACTiON Workshop - Report Westlake Town Council Meeting Monday, January 25, 2016 ToP[c: Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2015 STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strate�ic Theme & Results Outcome Obiective Exemplary Service&Governance Increase -We set the standard by delivering Transparency, Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Accessibility& educational services at the lowest Communications cost. Strategic Initiative Maintain RecEipt of Various Financial Awards for both Municipal and Academic Services-Transparency Time Line - Start Date: October 1, 2015 Completion Date: December 31, 2015 Funding Amount: N/A Status - � N/A Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The lst quarter "Dashboard" reports and "Analysis" for the FY 2015-2016 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three (3) operating funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenses as well as an update of the projects. Please note on each individual fund's report, you will see an "A", and on the Utility Fund a "%", beside several revenue line items. The "A" indicates that specific "YTD Actual" line-items are based on the accrual method. This means that revenue received after 12/31/15 but related to that specific quarter, i.e. sales tax, franchise fees, hotel occupancy tax, etc. was added to the "YTD Actual" for comparison to the budget. The "YTD Budget" is based on 3 months out of the 12 month budget; therefore, it's reasonable to accrue the amount to show 3 months of actual receipts. In addition to accruing the water revenue receipts for the "YTD Actual", the YTD Budget" calculation has been changed from 3 months of the 12 month period to a much better representation of that fund's revenue. Because the majority of the water revenue is received in the spring and summer (hotter, dryer months), the "YTD Budget" calculation is now being based on the percentage of revenues received for the same time-frame of the prior year. In review, these quarterly reports contain a "dashboard" display complete with major revenue and expenditure categories. A comparison of the "YTD Budget" amount and the "YTD Actuals" at 12/31/15 has been presented. The color green obviously means that we are good in those specific line items when comparing "YTD Budget" to "YTD Actuals". Any concerns between these two areas show up as yellow (cautionary) or red(critical). A summary is presented at the bottom of each fund page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the Adopted Budget, YTD Budget as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operations. Note the "Analysis" is color coded and corresponds to the specific line-item on the "Dashboard" report. All "cautionary" and "critical" items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated helping you understand what specifically happened with that revenue line-item. I have also prepared explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. Included in each explanation you will find a number that reflects the eXact variance in that department/line-item. RECOMMENDATION The Council review the current quarterly financial reports. ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 12/31/15 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Improvements Update Town Cou nci I Item # 4 — Reports REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate disCussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis as well as Capital Projects for the Quarter ended December 31, 2015. TOWN OF WESTLAKE General Fund Quarterly Financial Dashboard Quarter Ended 12/31/2015 FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE REVENUES AND OTHER SOURCES lst Quarter Annual lst Quarter lst Quarter Actual vs over(under) PY Actual Budget Budget CY Actual Adopted budget A General Sales Tax 561,513 3,723,000 930,750 544,900 59% (385,850) A Property Tax 712,422 1,280,258 320,065 461,121 144% 141,057 A Franchise Fees 206,077 849,733 212,433 3,499 2% (208,934) Permits and Fees 133,980 1,571,086 392,772 719,709 183% 326,938 Fines&Forfeitures 140,309 710,000 177,500 235,114 132% 57,614 Contributions - 10,000 2,500 - 0% (2,500) A Misc Income 14,455 94,645 23,661 22,113 93% (1,548) Total Revenues 1,768,755 8,238,722 2,059,680 1,986,456 96% (73,224) Transferin 278,848 307,045 269,545 269,545 100% 0 Total Revenues and Other Sources $ 2,047,603 $ 8,545,767 $ 2,329,225 $ 2,256,001 97% $ (73,224) A Based on accrual method RevenueLegend Positive >90% � ICautious 70%-90% � Negative <70% � FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE EXPENDITURES AND OTHER USES 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over(under) PY Actual Budget Budget CY Actual Adopted budget Payroll&Related Taxes,Insurance 605,299 3,220,541 805,135 786,374 98% (18,761) Operations&Maintenance 819,995 3,316,704 829,176 896,960 108% 67,784 Total Expenditures 1,425,294 6,537,245 1,634,311 1,683,334 103% 49,023 Transfer Out 1,764,774 1,609,534 774,202 549,964 71% (224,238) Total Expenditures and Other Uses $ 3,190,067 $ 8,146,779 $ 2,408,513 $ 2,233,298 93% $ (175,215) Expenditure Legend Positive <100% Cautious 101%-110%o Negative >110% FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 SUMMARY EXEMPLARY 1st Quarter Annual 1st Quarter 1st Quarter PYActual Budget Budget CYActual GOVERNANCE Total Revenues and Other Sources 2,047,603 8,545,767 2,329,225 2,256,001 �own Officials,both =lected and Appointed, Total Expenditures and Other Uses 3,190,067 8,146,779 2,408,513 2,233,298 exhibit Respect, Excess Revenues/Sources Over(Under) Stewardship,Vision, Expenditures/Uses $ (1,142,464) $ 398,987 $ (79,288) $ 22,703 and Transparency Beginning Fund Balance 6,788,964 7,240,729 7,240,729 7,240,729 Ending Fund Balance $ 5,646,500 $ 7,639,716 $ 7,161,441 $ 7,263,432 Restricted Funds 295,886 306,659 306,659 531,977 SERVICE Unrestricted Fund Balance $ 5,350,614 7,333,058 6,854,782 $ 6,731,456 EXCELLENCE Fu�lic Service that is Total Operating Expenses $ 6,973,773 $ 7,473,264 $ 7,473,264 Responsive and ?roFessional,while Daily Operating Cost 19,106 20,475 20,475 balancing Efficiency, #of Operating Days Unrestricted 280 358 329 Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/15 GENERAL FUND _�� TOTAL REVENUES AND OTHER SOURCES O ADOPTED BUDGET$8,545,767 o YTD BU�GET$2,329,225 o YTD AcTUA�$2,256,001 O PERCENT OF BUDGET 97% O OVER�UNDER� BUDGET�$73,224� � GENERAL SALES TAX INCOME o Adopted Budget$3,723,000 o YTD Budget$930,750 o YTD Actual $544,900 o Percent of Budget 59% o Over(Under) Budget ($385,850) ■ Sales tax revenues are received from the State two months after paid. Because the Town is on a modified accrual basis,we are able to recognize these revenues when earned. ■ We recognize revenues we received in October (for August taxes) and November (for September taxes) in the prior year FY 14/15. ■ We have only received 2 months of revenues for the first quarter of FY 2016. ° October (received in December) $367,143 ° November(received in January) $359,389 ° Have not received December—prior FY received $464,315 in February ., � PROPERTY TAX INCOME o Adopted Budget$1,280,258 o YTD Budget$320,065 o YTD Actual $461,121 o Percent of Budget 144% o Over(Under) Budget$141,057 ■ Income will not be distributed evenly over the fiscal year. ■ Received in the first quarter ° October$28,338 ° November$54,116 ° December$378,667 2 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/15 GENERAL FUND � FRANCHISE FEE INCOME o Adopted Budget$849,733 o YTD Budget$212,433 o YTD Actual $3,499 o Percent of Budget 2% o Over(Under) Budget ($208,934) ■ The following have not been received for the first quarter AT&T $79,538 $99,406 Verizon $13,061 $8,047 Atmos Gas $47,828 $45,546 Tri-County Electric $87,491 $87,588 Misc. Franchise Fees $12,050 $10,944 .,y f,i PERMITS AND FEES o Adopted Budget$1,571,086 o YTD Budget$392,772 o YTD Actual $700,446—without tree reforestation total is$453,421 o Percent of Budget 178%-without tree reforestation percentage is 120% o Over(Under) Budget$307,675—without tree reforestation budget is over by$79,913 ■ The majority of this overage is from Planning and Development which included Tree Reforestation revenues related to Solana parking garage ($247,025). These types of funds are typically not budgeted and infrequent. Total designated funds for reforestation including this amount totals$299,594 to-date. :,,.��i FINES AND FORFEITURES o Adopted Budget$710,000 o YTD Budget$177,500 o YTD Actual $234,022 o Percent of Budget 132% o Over(Under) Budget$56,522 ■ Court Administer researched the increase and found we issued 302 more citations in the first quarter than we did in the first quarter of the prior year. � CONTRIBUTIONS o Adopted Budget$10,000 o YTD Budget$2,500 o YTD Actual $0 o Percent of Budget 0% o Over(Under) Budget ($2,500) ■ Anticipate Contribution to the Fire Department as seen in previous years ■ Typically receive in May or June 3 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/15 GENERAL FUND :.,�j MISC. INCOME o Adopted Budget$94,645 o YTD Budget$23,661 o YTD Actual $22,113 o Percent of Budget 93% o Over(Under) Budget ($1,548) ■ Westlake Academy parking Lot rental will be recorded in September � OTHER SOURCES—TRANSFER IN o Adopted Budget$307,045 o YTD Budget$269,545 (Includes 100%transfers in of budgeted funds from the following: ■ Includes 100%transfer in from the Utility Fund of$256,245. This is a repayment for construction of Ground Storage Tank in FY 13/14 and is the second of two annual payments. ■ Includes 100%transfer in from the Visitor Fund of$13,300. This amount represents the percentage of the Communication's Department related to Visitors Association Fund activities o YTD Actual $269,545 o Percent of Budget 0% o Over(Under) Budget$0 ■ Impact fees will be transferred at year-end.The budget is $37,500 �; EXPENDITURES AND OTHER USES � O ADOPTED BUDGET$8,146,779 o YTD Bu��ET$2,408,513 o YTD Ac7uA�$2,233,298 o PERCENT OF BUDGET 93% o OVER(UNDER� BUDGET($175,215� �� PAYROLL WAGES& RELATED TAXES& INSURANCE o Adopted Budget$3,220,541 o YTD Budget$805,135 o YTD Actual $786,374 o Percent of Budget 98% o Over(Under) Budget ($18,761) ■ Payroll Wages and Related expenditures are on target for the fiscal year. ■ Employee increases are based on anniversary dates (some have not received their annual increase yet) this amount will increase as the year goes on. ■ This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment 4 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/15 GENERAL FUND ; OPERATIONS AND MAINTENANCE o Adopted Budget$3,316,704 o YTD Budget$829,176 o YTD Actual $896,960 o Percent of Budget 108% o Over(Under) Budget$67,784 ■ Debt-YTD budget is$9,170—paid full amount of$36,677 to BBP for Note Payable regarding WA Expansion ■ Insurance-YTD budget is$8,307—paid full amount of$32,397 to TML for annual insurance coverage ,_�,+ OTHER USES-TRANSFERS OUT o Adopted Budget$1,609,534 o YTD Budget$774,202 (Inc. 100%transfer of budgeted funds for the following funds): ■ Economic Development Fund -$35,758 ■ General Maintenance & Replacement Fund -$350,000 ■ Vehicle Maintenance and Replacement-$110,000 o YTD Actual $549,964 o Percent of Budget 71% o Over(Under) Budget ($224,238) ■ Have not transfer anything to Capital Projects Fund to-date ($168,378) ■ Transfers Out to Debt Service Fund—under budget($55,859) due to timing of bond payments 5 TOWN OF WESTLAKE Visitors Association Fund Quarterly Financial Dashboard Quarter Ended 12/31/15 FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE REVENUES AND OTHER SOURCES lst Quarter Annual lst Quarter 1st Quarter Actual vs over(under) Actual Budget Budget Actual Adopted budget A Hotel Occupancy Tax 182,809 825,000 206,250 144,948 70% (61,302) Misc Income 3,779 24,800 6,200 3,984 64% (2,216) Other Sources-Transfers In - - - - 0% - Total Revenues and Other Sources $ 186,588 $ 849,800 $ 212,450 $ 148,932 70% $ (63,518) A Based on accrual method Color Legend Positive >90% Cautious 70%-90% Negative <70°/o FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE EXPENDITURES AND OTHER USES 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over(under) Actual Budget Budget Actual Adopted budget Operations&Maintenance 38,689 284,921 71,230 64,305 90% (6,925) Operating Transfers for Payroll 65,782 490,920 122,730 83,419 68% (39,311) Other Uses-Transfers Out 13,220 155,550 48,863 13,300 27% (35,563) Total Expenditures and Other Uses $ 117,690 $ 931,391 $ 242,823 $ 161,024 66% $ (81,799) Color Legend � Positive <100% � CdUtI0U5 101%-11�% Negative >110%a FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 SUMMARY EXEM PLARY lst Quarter Annual 1st Quarter 1st Quarter Actual Budget Budget Actual GOVERNANCE Total Revenues and Other Sources 186,588 849,800 212,450 148,932 Town Officials, both Total Expenditures and Other Uses 117,690 931,391 242,823 161,024 Elected and Appointed, Excess Revenues/Sources Over(Under) exhibit Respect, $ 68,897 $ (81,591) $ (30,373) $ (12,092) Stewardship,Vision, Expenditures/Uses and Transparency Beginning Fund Balance 1,110,338 1,082,882 1,082,882 1,082,882 Ending Fund Balance $ 1,179,235 $ 1,001,290 $ 1,052,509 $ 1,070,790 Restricted Funds 151,700 142,250 142,z5o _ SERVICE EXCELLENCE Unassigned Fund Balance $ 1,027,535 $ 859,040 $ 910,259 $ 1,070,790 public Service that is Responsive and Total Operating Expenses $ 666,804 $ 775,841 $ 775,841 Professional,while Daily Operating Cost $ 1,827 $ 2,126 $ 2,126 balancing Efficiency, #of Operating Days Unassigned 562 404 504 Effectiveness and Financial Stewardship 6 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2015 VISITORS ASSOCIATION FUND ��,;- TOTAL REVENUES AND OTHER SOURCES O ADOPTED BUDGET$849,800 o YTD Bu��ET $212,450 o YTD AcTUA�$148,932 O PERCENT OF BUDGET 70% O OVER�UNDER) BUDGET($63,518) � HOTEL OCCUPANCY TAX o Adopted Budget$825,000 o YTD Budget$206,250 o YTD Actual $144,948 o Percent of Budget 70% o Over(Under) Budget ($61,302) ■ Have not received December payment °Prior year Marriott was$40,367 °Prior year Deloitte was$1,175 � MISCELLANEOUS INCOME o Adopted Budget$24,800 o YTD Budget$6,200 o YTD Actual $3,948 o Percent of Budget 64% o Over(Under) Budget ($2,216) ■ This income represents revenues from sponsorships, donations and special events from the Historical Board, Public Arts and Arbor Days. ■ These events will occur later in the fiscal year and revenues should be received at that time. 7 Town of Westlake Dashboard Analysis for Quarter Ended 12/31/2015 VISITORS ASSOCIATION FUND :� TOTAL EXPENDITURES AND OTHER USES O ADOPTED BUDGET$931,391 o YTD Bu��ET $242,823 o YTD AcTUA�$161,024 O PERCENT OF BUDGET 66% O OVER�UNDER) BUDGET($81,799) ,,� OPERATIONS AND MAINTENANCE o Adopted Budget$284,921 o YTD Budget$71,230 o YTD Actual $64,305 o Percent of Budget 90% o Over(Under) Budget ($6,925) ■ The majority of expenditures in this category are from the Historical Board, Public Arts and Arbor Days. ■ These events will occur later in the fiscal year and expenditure costs should be reflected at that time. � OPERATING TRANSFERS FOR PAYROLL o Adopted Budget$490,920 o YTD Budget$122,730 o YTD Actual $83,419 o Percent of Budget 68% o Over(Under) Budget ($39,311) ■ Amount transferred is in direct relation to payroll costs; because employees' adjustments are based on anniversary dates (and some have not received their adjustment yet)this amount will increase as the year goes on. ■ This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment ,�� OTHER USES-TRANSFERS OUT o Adopted Budget$155,550 o YTD Budget$48,863 (Includes 100%transfer out to General Fund of$13,300 representing the percentage of the Communication's Department related to Visitors Association Fund activities) o YTD Actual $13,300 o Percent of Budget 27% o Over(Under) Budget ($35,563) ■ No payments have been made regarding 2013 GO Refunding 2008 Bond for Arts and Sciences Center(payments in February and August) 8 TOWN OF WESTLAKE Utility Fund - 500 Quarterly Financial Dashboard Quarter Ended 12/31/15 FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE REVENUES AND OTHER SOURCES lst Quarter Annual lst Quarter lst Quarter Actual vs over(under) Actual Budget Budget Actual Adopted budget ai Water Revenues isi 364,371 2,607,326 391,286 417,304 107% 26,018 Sewer/Waste Revenues 16i 133,738 729,317 118,547 164,987 139% 46,440 Tap/Impact Fee Revenues 24,174 68,180 17,045 20,009 117% 2,964 Misc Revenues 13,809 210,404 52,601 20,762 39% (31,839) Total Revenues and Other Sources $ 536,092 $ 3,615,226 � $ 579,479 $ 623,063 108% $ 43,584 A Based on accrual method % Based on%of PY Actual at quarter-end Revenue Legend Positive >90% Cautious 70%-90% � Negative <70% FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 DASHBOARD VARIANCE EXPENSES AND OTHER USES 1st Quarter Annual 1st Quarter 1st Quarter Actual vs over(under) Actual Budget Budget Actual Adopted budget a/ Water Purchases ZZ% 117,623 1,280,600 282,451 193,596 69% (88,856) Operations&Maintenance 109,631 2,213,207 553,302 124,003 22% (429,299) Capital Projects 49,425 173,435 i 43,359 0 0% (43,359) Total Expenses 276,680 3,667,242 879,112 317,598 36% (561,513) Operating Transfer Out for Payroll 56,403 404,494 101,124 68,745 68% (32,379) Other Uses-Transfers Out 1,202,078 564,578 564,578 100% 0 Total Other Uses 56,403 1,606,573 665,702 633,323 95% (32,378) Total Expenses and Other Uses $ 333,083 $ 5,273,814 $ 1,544,813 $ 950,921 62% $ (593,892) Expense Legend I Positive <100% Cautious 101%-110% Negative >110% FY 14/15 FY 15/16 ADOPTED BUDGET FY 15/16 EXEMPLARY SUMMARY 1st Quarter Annual 1st Quarter 1st Quarter GOVERNANCE Actual Budget Budget Actual -�own Officials, both Total Revenues and Other Sources 536,092 3,615,226 579,479 623,063 �lected and Appointed, exhibit Respect, Total Expenditures and Other Uses 333,083 5,273,814 1,544,813 950,921 S�ewardship,Vision, Excess Revenues Sources Over(Under) � Expenditures/Uses $ 203,009 $ (1,658,588)I $ (965,334) $ (327,858) and-ira^�paren�y Beginning Working Capital 3,368,213 3,019,603 3,019,603 3,019,603 Ending Working Capital $ 3,571,222 $ 1,361,015 $ 2,054,269 $ 2,691,745 SERVICE Restricted Funds 1,268,010 220,190 220,190 222,410 Unrestricted Working Capital $ 2,303,212 1,140,825 1,834,079 $ 2,469,335 EXCELLENCE Public Service that is Total Operating Expenses $ 3,826,039 $ 3,923,081 $ 3,923,081 Responsive and Professional,while Daily Operating Cost $ 10,482 $ 10,748 $ 10,748 balancing Efficiency, #of Operating Days 220 106 230 Effectiveness and Financial Stewardship 9 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2015 UTILITY FUND I ` TOTAL REVENUES AND OTHER SOURCES � O ADOPTED BUDGET$3,615,226 o YTD BU�GET$579,479 o YTD Acrua�$623,063 O PERCENT OF BUDGET 108% O OVER�UNDER� BUDGET$43,584 ';�� WATER REVENUES o Adopted Budget$2,607,326 o YTD Budget$391,286 (Based on 2 months receipts from previous year) o YTD Actual $417,304 (2 months only—December consumption to be billed 1/25/16) o Percent of Budget 107% o Over(Under) Budget$26,018 ��,; SEWER & WASTE REVENUES o Adopted Budget$729,317 o YTD Budget$118,547 (Based on 2 months receipts from previous year) o YTD Actual $164,987 (2 months only—December consumption to be billed 1/25/16) o Percent of Budget 139% o Over(Under) Budget$46,440 ■ Sewer averages work in correlation with increased water usage and are based on December,January and February consumption. ;_�,,: TAP/IMPACT FEE REVENUES o Adopted Budget$68,180 o YTD Budget$17,045 o YTD Actual $20,009 o Percent of Budget 117% o Over(Under) Budget$2,964 ■ These revenues are a direct reflection of new home starts � MISC REVENUES o Adopted Budget$210,404 o YTD Budget$52,601 o YTD Actual $20,762 o Percent of Budget 39% o Over(Under) Budget ($31,839) • Duct Bank Leases—under budget ($7,741) - Revenue will be recognized in September 2015. Pertains to revenues received in prior years and is recorded in "Deferred Revenue" until earned. • TRA Waste Water Settlement—under budget ($22,914)—Prior year payment received in April was$49,025 10 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2015 UTILITY FUND I ` TOTAL EXPENSES AND OTHER USES P' O ADOPTED BUDGET$5,273,814 o YTD BU�GET$1,544,813 o YTD AcTUA�$950,921 O PERCENT OF BUDGET 62% O OVER�UNDER� BUDGET�$593,892� t� WATER PURCHASES o Adopted Budget$1,280,600 o YTD Budget$282,451 o YTD Actual $193,595 o Percent of Budget 69% o Over(Under) Budget ($88,856) ■ Invoices from the City of Fort Worth usually run two months behind. ° October consumption paid in December$122,097 ° November consumption paid in January$71,498 ° December consumption will be paid in February —PY was$67,707 �� OPERATIONS AND MAINTENANCE o Adopted Budget$2,213,207 o YTD Budget$553,302 o YTD Actual $124,003 o Percent of Budget 22% o Over(Under) Budget ($429,299) • Service Accounts under budget$330,261 • As the year progresses,these expenditures should balance out. ° Contract Services under budget($265,000) ° TRA-Wastewater Treatment under budget ($25,412) ° Southlake-Wastewater Treatment under budget ($22,500) �_� CAPITAL PROJECTS o Adopted Budget$173,435 o YTD Budget$,43,359 o YTD Actual $0 o Percent of Budget 0% o Over(Under) Budget ($43,359) ■ See Capital Projects Update for more detail ° N1 Sewer Line Transfer under budget ($24,109) ° Meter Reading Equipment under budget ($19,250) 11 Town of Westlake Dashboard Analysis for Quarter Ending 12/31/2015 UTILITY FUND ,� TRANSFERS OUT FOR PAYROLL o Adopted Budget$404,494 o YTD Budget$101,124 o YTD Actual $68,745 o Percent of Budget 68% o Over(Under) Budget ($32,379) • Amount transferred is in direct relation to payroll costs; because employees' adjustments are based on anniversary dates (and some have not received their adjustment yet)this amount will increase as the year goes on. ■ This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment 4� OTHER USES-TRANSFERS OUT o Adopted Budget$1,202,078 o YTD Budget$708,328 (Includes the following transfers) ■ 100%transfer out to the General Fund of$256,245.This is a repayment for construction of Ground Storage Tank in FY 13/14 and is the second of two total annual payments. ■ 100%transfer out to the Vehicle Maintenance and Replacement Fund of$8,333. Annual transfer to build fund balance. ■ 100%transfer out to the Utility Maintenance and Replacement Fund of$300,000. Annual transfer to build fund balance. o YTD Actual $564,578 o Percent of Budget 100% o Over(Under) Budget ($0) • Transfer Out to Capital Projects will be transferred at year-end or when needed. The total budget is $600,000 for the Municipal Building • Transfer Out to General Fund represents impact fees that will be transferred at year-end. Budget is$37,500. 12 Town of Westlake Update for Quarter Ended 12/31/2015 CAPITAL PROJ ECTS U PDATE PROJECT DIRECTOR: .IARROD GREENWOOD UTILITY FUND PROJECTS Adopted YTD Budget Actuals Variance N1 Sewer Line Transfer 96,435 - (96,435) Meter Reading Equipment 77,000 - (77,000) 173,435 - (173,435) TRA ASSUMPTION OF N-1 SEWER LINE Staff continues to work with Southlake and TRA to move forward with this Capital Project. We are waiting for engineering consultant to submit proposal and anticipate the start of testing within 60 days. METER READING EQUIPMENT The next phase of ineter upgrades,to be completed in the next 30 days,will include all of the Stagecoach Hills subdivision and miscellaneous meters on the west side of Town. Glenwyck and Terra Bella are expected to be completed by May. TRANSPORATION PROJECTS Adopted YTD Budget Actuals Variance E. Dove Rd Recon/Drain Vaq-TB 366,000 - (366,000) FM 1938/Dove Rd Signalization 260,000 2,400 (257,600) 626,000 2,400 (623,600) EAST DOVE ROAD RECON�DRAIN SOUTH No work has started on this project FM1938/Dove Roa�Si�NauzarioN Plans are currently being reviewed by TxDOT. 13 Town of Westlake Update for Quarter Ended 12/31/2015 CAPITAL PROJ ECTS U PDATE PROJECT DIRECTOR: TROY MEYER FACILITY PROJECTS Adopted Project Budget Actuals Variance Municipal Building 1,800,000 - (1,800,000) Fire Station Complex 2,815,000 19,500 (2,795,500) 4,615,000 19,500 (4,595,500) MUNICIPAL BUILDING Project still under review. FIRE STATION COMPLEX Location study was completed in FY 2015. Staff continues to review locations for future station. 14 Town Cou nci I Item # 5 — Discussion Items DISCUSSION ITEMS a. Presentation and Discussion Regarding Status of Developing a Transfer of Development Square Footage Ordinance. (15 min) b. Standing Item: Update and discussion regarding the Granada Development, including items posted on the regular session agenda. c. Standing Item: Update and discussion regarding the Entrada Development, including items posted on the regular session agenda. . ��y��.S�Y �'��. f f ��k��; estlake Town Council . �,�k ,�� -,,ti_��r.;r TYPE OF ACTiON Workshop- Discussion Monday, January 25, 2016 ToP�c: Presentation and Discussion Regarding Status of Developing a Transfer of Development Square Footage Ordinance. STAFF CONTACT: Tom Brymer, Town Manager Eddie Edwards, Director of Development Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective High Quality Planning,Design& Increase Informed&Engaged Development-We are a desirable Municipal& Transparency, Citizens/Sense of well planned,high-quality Academic Operations Accessibility& Community community that is distinguished by exemplary design standards. Communications Strategic Initiative Educate Stakeholders about our Development and Environmental Goals Time Line - Start Date: July 2015 proposed Completion Date: lst Qtr FY15-16 estimated Funding Amount: $90,000 Status - � Funded Source- General Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) During the process of developing an updated Comprehensive Plan (Comp Plan) from 2013-14, it was pointed out to the Comp Plan Steering Committee, P&Z, and the Town Council, that to implement many of the Comp Plan's recommendations, some new ordinances and/or changes to our existing ordinances would be required. To achieve this end, the Town Council approved a contract with MESA Planning on June 15, 2015 to use their professional planning consultancy services for this effort (as the Town staff does not have adequate time and resources to perform this work in a timely manner and still provide daily delivery of Town services). MESA Planning is very familiar with the work that needs to be done on the Town's ordinances to fit with our newly adopted Comp Plan since they worked on developing our new Comp Plan. This proposed engagement to develop these ordinances and/or ordinance amendments is to be done in four (4) phases of work. While all four phases of the consultant's work are outlined in the proposed contract, the approved contract is onlv for the first phase of the consultant's work which is to (a) develop the transfer of development square foot (TDSF) mechanism and (b) incorporate it, alon� with the Comp Plan's policies, into the Town's development ordinances known as Chapter 102. Cost of this first phase of consultant work is $90,000. Phases 2-4, which again, would require a separate contract approval by the Town Council, would bring the total cost for all phases of this work to $179,901, including a credit for work approved on MESA's Comp Plan engagement that was not performed(by mutual agreement). There will be other costs associated with this project. These costs include review of any new or revised ordinances by the Town Attorney and cost to codify any new or revised(amended) ordinances. This item was presented and discussed during the Planning and Zoning Commission work session held on December 1, 2015. RECOMMENDATION Recommend hearing a presentation from MESA Planning on the status of their work on this first phase of ordinance drafting work related to transfer of development square footage and asking questions and providing input pertaining to this presentation. ATTACHMENTS' 1. Excerpt from new Comprehensive Plan pertaining to transfer of development square footage as a tool to implement the Plan's recommendations on land use and view corridor preservation. Attachment 1: Transfer of development rights as discussed in Westlake Comprehensive Plan (approved March 2, 2015) It is important that Westlake realize most of the non-residential development square footage shown in Figure 102 (an approximation of what is permitted by current Planned Development Ordinances) in order to sustain a comparatively lower rate of single- family taxation. The implications of establishing the approximate current level of commercial entitlement as a cap on further commercial entitlement (subject to final application of PD standards to final permitted parcels) is that future modification of the Planned Development Ordinances will limited movement of permitted non-residential square footage around, within and among the Planned Developments themselves while not adding square footage to the total that already exists. This can be better described as the transfer of non-residential square footage between various Planned PLAN ELEMENTS: LAND USE PLAN Westlake's Current Entitlements by Land Use Westlake's Current Entitlements by Land Use Building Area(Sq.Ft.) Units Rooms Building Area(Sq.Ft.) Units Rooms PD1-1 PD 3-12 Hotel 150,000 250 Reta i I 349,483 Office/Education 659,648 Conference,Education,Data, Residential 207 and 1200 room Hotel 1�250,000 1200 PDl-2(Entrada) Residential 322 Non-Residential 1,500:1 ratio=483,000 PD1-3(Granada) PD-4(Tierra Bella) Residential gq Single Family 28 Area Outside PDs PD-2 Office 5,217,752 Office(FAR.25:1) 1,100,347 PD-3 PD 3-1 R-1(Min.Lot Size 43,560 sf) 488 Office 58,806 Residential 513 PD 3-3 Office 1,200,000 R-2(Min.Lot Size 87,120 sf) 68 Hotel 500,000 833 PD 3-4 Office 558,355 Hotel 750,000 1250 R-5(Min.Lot Size 217,800 sf) 35 Reta i I 360,940 Mal I 1,630,000 PD 3-5 Office 884,505 R-A(Min.Lot Size 43,560 sf) 48 Mixed-Use 1,305,060 Residential 275 PD 3-6 Totals Building Area(Sq.Ft.) Units Rooms Office 1,207,486 Residential(SF) 2,168 Retail 110,650 Residential 40 Residential(MF) 330 PD 3-7 Hotel 1,400,000 2,333 Office Campus 2,940,300 60 PD 3-8 Office 1,048,707 Office/Office Industrial/ 16,730,804 Office Campus 775,436 Campus Office Office/Industrial 1,099,019 Retail 131,769 PD 3-9 Office 27,443 Education/Conference/Hotel 1,250,000 1,200 Retail 978,793 Mixed-Use 660,587 Residential(MF) 330 PD 3-10 Mixed-Use 2,448,647 Retail 133,633 PD 3-11 Retail(Inc.Mall) 3,836,755 Retail 141,487 Figure 102: Westlake's Current Entitlements by Land Use WESTLAKE COMPREHENSIVE PLAN UPDATE Development Districts. However, additional zone and the view is toward the north. square footage (and the additional Ad Valorem revenue associated with it) could 2. Vista Termini Zone (red): Areas of be approved IF the request for approval Westlake, generally north of Dove included accomplishment of significant Road, where land elevations equal public Goals that mitigate the additional to or exceed elevation 690 to 700 impact (traffic mitigation, need for open ft. above sea level and create space, etc.). Therefore, a case can be promontory landforms that define the made for both: end point of any vista that includes them. In many cases, these are the 1 . The Transfer of non-residential land related objects. square footage from one Planned Development Planning Area to 3. Vista Shade Zone (blue): Areas of another; and Westlake, generally along SH 1 14 and 2. Adjustments to the rate of transfer, north of the vista termini (discussed IF certain public objectives are above) that contain land elevations accomplished through such transfer. lower than 690 - 700 ft. above sea Therefore, accomplishment of certain level and are largely obscured from significant public objectives may view by these higher elevations in the support a rate of transfer greater than foreground of any vista toward them. 1 :1 , constituting a resulting increase in overall non-residential entitlement. 4. View Shed Zone (purple): Areas of Westlake that are not visually screened The following text establishes the terms of or obscured by foreground land numbers 1 and 2 above by exploration elevations and, consequently, lie within of where non-residential square footage the vista attained from the Vista Point should be transferred to and from and Zone. what settings influence the rate of such transfer. 5. View Corridor Zone (green): Lineal views, usually along creekways as they Land Use Relationship to View descend in a northerly direction that Conditions: The View Analysis discussed are attained from the Vista Point Zone. in the Framework Plan section of this These views host the water bodies and Comprehensive Plan identifies five view wooded areas that are important visual conditions as follows: assets of the Town. 1. Vista Points Zone (yellow): Sectors of The geographic distribution of these view Westlake from which the recognizable conditions is illustrated in Figure 103. Note views, generally considered typical that the Vista Points are in the south and of the Town, are attained. These are the various views head toward the north. typically northerly views from areas This reflects input gathered at the Planning along, and south of, Dove Road. Workshops where the Citizen participants These elevations are generally higher described views as generally seen from than elevations along SH 1 14. Views points south of, and along, Dove Road identified by Planning Workshop (the Vista Point Zone). This geographic participants as characteristic of distribution identifies the five zones defined Westlake's pastoral, picturesque, and above as they lay within the corporate rural identity are mostly seen from this limits of Westlake. Therefore, "Preservation PLAN ELEMENTS: LAND USE PLAN �ti�y�a -- � — -'•a :_.�, . �u�e ,��.;� � � � � = � , :�"�`-� ^_ � �� L�= �, t; -- � I�J' � ! _ I N rA , r� � �• �/ y��ik/I iYl��Yvli� 1 -' ~ Yl k ^i / � i � �., . �5 1!}Y�� + Y�tl k '� . \ �.. ' K iY4 �k'YYIkA � : \k.. i. � .�" ,' ,-�1"� w�{fMti<Yv A C X r!�'xlrf!11 kF�i�i J�:� ' .�. � YY4M#!Mt � f %Y�y;x . �' � . M � � lir:! � " 1 !k.e w � 1 ��. . li'�?-�a r �. . �.—�=I �l�kMrk } 1 . � j k'°ht.Y`'r' Z �17�� i�.'"�` '�.. \ K .r ' \ ( .� "�, � y. wr+ . �.t.�., t4 � �k�'y��, �� .� � ' I 1 ,k Yr i! - Y�1 i ... � �f � .�'4, > i..n x � ra.f�� ' ��' _ \ s r+ �\ �" /. rIi V x y � ,,_ r �1+-t i i . e r� ,� � r . +�.......a.... Y . rt;,] i � «,.f.': Y i � �I11 '�/' ': �' `' � ti �`�'.'"$�t."..� + `f r--�� +} r � ��f 1 � �i I I ��'} 1 � ,,�,�. �j� ,+-.., � . �,��+r t��I i f," '�- =? �,i;II � �;- _ r+l`-t a�'�$+,_:.tE�'T��`1�,t „��w-'a�`�`-.' .� � '_"_'_" i a j-�T� l f �� !' � '' ` � i � 1 � j � � `�t�w t'`� ..- � �r 4�t��f��+�r' r i��,,t�' `�r �+ ` ` 't*��i ":. , �= #_. � � " t :t ;a-'�7 zr � , �;� ,,� _ --�- ,:.{4 � � .,� � `�� t , �,�� r } : '�`� � + �. --x}t.p � �Ir ' ,+',�� t +�� - " , / _� �t : , �� - k� �;#; tt:.�� RI . �.� � `��ia}q�i t_ _ ,� �� - '�'.' � .: .�. ��, �--- -i � � �I ' �:.r��-�-I� - ' I. � Yiar��ti_ , �� 'ri-.% � ' �l.f ��'� i.r.'� Vn['a`��rmi�wls - �� , rw i-;,: �'� ' ��` � x'�.. ��l�wr^+arri�us _ � s� } w � ry,e." .. ';+�4�c`�'cc..x�%a.":5 Figure 103: View Analysis of Views" (picturesque, pastoral, and rural) locations). The Vista Terminals (red) means reinforcing the view conditions as and View Corridors (green) are most shown in the View Analysis. sensitive to building height because of their importance as view defining The characteristic views of Westlake are landscapes. The View Shed Zones sensitive to four types of encroachments as (purple) are somewhat sensitive to follows: building height and that sensitivity tends to be less toward the northern limits of 1. Vertical Disruption: This refers to the Westlake, along SH 1 14. height of buildings. The taller the structure, the more visible it generally 2. Ground Plane Augmentation: This refers is. More visibility ultimately transforms to reshaping the land profile and visually a natural skyline into a more urban subdividing it with parking lots, screen skyline. Certain View Condition Zones walls, and/or artificially configured are better suited to accommodate buffers. The more the naturally greater building height than others. The organic relationship of ground plane View Condition Zone most capable elements is replaced by composed of accommodating building height or engineered relationships, the more without disrupting or transforming the character of what is viewed is characteristic views is the View Shade transformed. The View Condition Zone Zones. These areas (shown in blue in the most capable of accommodating above analysis) are located along SH Ground Plane Augmentation without 1 14 and "behind" the Vista Terminals disrupting or transforming characteristic (red areas that tend to obscure ones views is the View Shade Zones. These view of development in the View Shade areas (shown in blue in the above WESTLAKE COMPREHENSIVE PLAN UPDATE analysis) are located along SH 1 14 northern edges of the view shed along and "behind" the Vista Terminals (red SH 1 14 are somewhat less sensitive areas that tend to obscure ones view provided that the proximity of non- of ground plane development in residential forms is tempered with the View Shade locations). The Vista intervening landscape, like that of Terminals (red) and View Corridors Solana. (green) are most sensitive to Ground Plane Augmentation because of 4. Displacement of Natural Fabric: their importance as view defining This refers to the displacement of landscapes and view defining land vegetative communities, water forms. The View Shed Zones (purple) features, and/or land forms that define are also less sensitive to Ground Plane the vista. As natural fabric is lost, the Augmentation toward the northern visual character is transformed toward limits of Westlake, along SH 1 14. a less natural appearance. The historic review of aerial photographs discussed 3. Form Deviation: This refers to building in the Existing Conditions Assessment form that deviates from a pitched (Part One) illustrates how increasing roof structure with a more complex ranch development moved the perimeter and integration of windows characteristic landscape from one that (in lieu of ribbons/walls of glass) hosted a complex tapestry of plant and reflective of residential forms within native grass communities to one that the Town. Given the greater amount was more simplified and beame more of non-residential development within of a monoculture. The View Condition Westlake at build-out, the movement Zone most capable of accommodating of commercial building design away Displacement of Natural Fabric without from residentially responsive forms disrupting or transforming characteristic will significantly transform the visual views is the View Shade Zones. These image of Westlake to one that is more areas (shown in blue in the above urban and non-residential, overall. The analysis) are located along SH 1 14 View Condition Zone most capable and "behind" the Vista Terminals (red of accommodating Form Deviation areas that tend to obscure ones view of without disrupting or transforming ground plane development in the View characteristic views is the View Shade Shade locations). The Vista Terminals Zones. These areas (shown in blue in the (red) and View Corridors (green) above analysis) are located along SH are most sensitive to Displacement 1 14 and "behind" the Vista Terminals of Natural Fabric because of (red areas that tend to obscure ones their importance as view defining view of ground plane development in landscapes and view defining land the View Shade locations). The Vista forms. The View Shed Zones (purple) Terminals (red) and View Corridors are also sensitive to Displacement (green) are most sensitive to Form of Natural Fabric because it is the Deviation because of their importance intervening natural fabric that mitigates as view defining landscapes and view the visual proximity of residential defining land forms. The View Shed and non-residential development. In Zones (purple) are also sensitive to Form addition, entry to Westlake's residential Deviation because both residential and areas (from SH 1 14) will likely be through non-residential development resides the northern and western edges of the within the same view. However, the View Shed Zones, making the residential PLAN ELEMENTS: LAND USE PLAN approach and its visual character part "Sending Districts". These districts are more of the view sequence that defines specifically defined as follows: Westlake. • Primary Receiving District: When The above View Analysis of view considering any request for transfer of encroachment sensitivity suggests that existing entitlement square footage certain areas are more capable of from one PD planning area to another, hosting greater building height/ ground those PD planning areas and tracts plane augmentation/ form deviation/ located within the zone classified as a displacement of natural fabric, while other Primary Receiving District are the PD areas would benefit from less change of planning areas and tracts where such existing characteristics. More specifically, square footage can be deposited. these areas can be described as: Such deposit of additional square footage will generally manifest as Sending Areas: increased building height, coverage • Areas of significant resource (augmentation of the ground plane), • Areas with undeveloped increasingly commercial building form infrastructure due to larger buildings (form deviation), • Areas of significant working land and possible displacement of natural potential fabric. Therefore, only the area most • Areas of natural sensitivity capable of accommodating the • Areas of unusual building conditions impacts of increased non-residential • Areas of visual and landmark square footage can serve as Primary significance Receiving Districts. According to the earlier analysis of view shed districts, the Receiving Areas: View Shade Zone (blue) is the Primary • Areas with existing or realistically Receiving District. expected infrastructure • Area with community acceptance • Secondary Receiving/Sending of increased growth District: PD planning areas and tracts • Area where increased development located within the zone classified potential is marketable as a Secondary Receiving/Sending • Area of lesser visual significance District are the PD planning areas and tracts into which square footage Under the present Planned Development can be deposited and from which Ordinance provisions, most of the non- square footage can be transferred. residential entitlements have a uniform Deposition of square footage can building height limit (typically 60-65 ft. only occur in portions of this District although PD's 1 and 2 have heights less sensitive to encroachment and set by the 635 MSL) and a uniform built in accordance with specialized FAR (typically .4-.45 FAR). Therefore, a requirements. Additionally, square ubiquitous non-residential development footage can be sent from the more standard will prevail over Westlake sensitive portions of this District to the regardless of an area's sensitivity to view less sensitive portions of this District encroachment. In order to transform (in accordance with specialized this ubiquitous condition to a mosaic of requirements) or to the Primary visually responsive conditions, the Land Receiving District. Therefore, only the Use Plan identifies "Receiving Districts" and areas capable of accommodating the WESTLAKE COMPREHENSIVE PLAN UPDATE ` � � , '� f�'~d�_.� •�� ;�'�,; Secondary Receiving �� + � i 'f ' ':' � r x�'� a r '�, = � ��- ,1 � � " �" v - Secondary Receiving � � �,�/� Yn1� y � �� ,. ) � � r�tl� , . - . .� r j� M �f'`� ��j. � .� �� 1i.�� T � !�' I " Y � �x'�. _ �� .. �� . 1 G . � T'�� ,�f �; � � F f �l�ra r {. „� � � , ! � r i ri# �� i' j �!�,�`li.a. :{ �; � ��;� . ;�` ��! � I _.,':� ic�;��ft�;!� ; �fii {, ,•r - SecondarySending �� , : ,II� I r ��i�.,.-:1' ':a��'= '�'i�i � � i a �(� :; � � . . - -.j�_ ' . ,,,_,�;� �tY 1-T: „�,�. :..' � , :�, � ` �� .:- : p � �� +t ,�[ ��,i�.-„� � PrimarySending � * ' � �- "—'� ��`.�1'` f.� J+'� SecondaryReceiving/Sending �� 1 +tii� ir. �_ _ � � 7 �� PrimarySending a � , Secondary Sending � ' � Primary Sending +_ �_ ._ __�'�_ � Primary Receiving Figure 104: Development Square Footage Transfer Map impacts of increased non-residential as land promontories. Therefore, square footage, conforming to special only the areas least capable of requirements, in certain portions as accommodating the impacts of well as possessing sensitivity to view increased non-residential square encroachment in other portions can footage can serve as Primary Sending serve as Secondary Receiving/Sending District. The Vista Point Zones (yellow), District. The View Shed Zone (purple) Vista Terminals (red), and View is the Secondary Receiving/ Sending Corridors (green) are the Primary District. Sending Districts. • Primary Sending District: PD planning The above diagram (Figure 104) recast areas and tracts located within the the earlier View Analysis map as a zone classified as a Primary Sending Development Square Footage Transfer District are those PD planning Map, which is in accordance with areas and tracts most sensitive to the previously described sending and view encroachment or contain receiving areas. characteristic view features, such PLAN ELEMENTS: LAND USE PLAN Primary Receiving � -�S� ' _ CIiY - ' .•` . �an�r�� ,_.;g• -� �-�-F __._ „� � Secondary Receiving ..��., _ � •' �: r''-- �. " r � w � �� s� �� ....` � �� y� � � � �t, f�'�'°i' . Y'�:.�.. �� , i� � } �Y��'F�� _ _ Secondary Receiving , ,. � a �, ��. ' �� ° r +�' � �� , �� r � 1 �-� F � . T�f�; _ �•,�'. '�' . 04.; �ff .� •. F �' .� i�: ��"'�' • -u E �, , -� `kS �, ��f o � 1 � w i ?j I f � �- ! [ �: � ; _ ,!,, ; � � t� a —w.� � ,a � �� z�� - � , ,:, r,,� -� > , , ., .- , ' � i=' '� =�{ .� ;_ ' � Secondary Sending �+' r --- ! . �;. � � Secondary Sending `-- - �' ' Primary Sending � y �' _ ' ";,;,- Figure 105: Development Square Footage Transfer Map and Current Zoning Map To further illustrate how these districts LAND USE RELATIONSHIP TO COMMUNITY relate to existing Planned Developments TYPE and zoned areas, the above diagram superimposes the Development Square The Framework Plan discussed in Part Two Footage Transfer Map on the Current of this Comprehensive Plan identifies six Zoning Map. Note that there are particular Community Types as follows: Planned Developments (such as PD-3) which lay across multiple Districts, opening 1. Pastoral Community: An area of the door to transfer of development Westlake, south of and along Dove square footage from one PD planning area Road and Roanoke Road, which is to another. In some cases a Development predominantly developed and/or Square Footage Transfer District lays across zoned as single- family residential use. multiple Planned Developments, opening This area hosts the characteristic views the door to consideration of moving and vistas that identify the residential square footage between zone areas. This areas of Westlake. These views are is a significantly more complicated process vistas of picturesque, pastoral, and which is discussed later in this Land Use otherwise rural-like settings as well section. as landmark land promontories. The Pastoral Community is primarily served The Land Use districts, explained later in by Pastoral Streets (as specified in the this section, will incorporate these areas of Framework Plan and Thoroughfare Plan differing development sensitivity as means to follow). The Pastoral Community of establishing their receptivity to change. will experience most of the Town's WESTLAKE COMPREHENSIVE PLAN UPDATE future single-family residential growth. coverage to ground openness is Therefore, it is important that future essential to maintaining a campus residential development perpetuates identity. In the campus setting, a a compatibility with, the continuity of, naturalized ground plane dominates and the quality of current residential and structures are placed within it construction/neighborhoods. Housing as opposed to a built context where units per acre, relationship to the street, the landscape is an ornament for project definition, streetscape, and the built fabric. This relationship of home value are important dimensions building to land is the same basic of maintaining the above specified relationship of house to lot where relationships. This area is shown in dark the lot is sufficiently large (relative to blue in Figure 107. the house plate) to give the home a sense of natural setting. Much of 2. View Shed Community (hereinafter the non-residential entitlement in called the Commercial Community): Westlake has a .4-.45 FAR maximum, An area of Westlake generally north meaning that the building square of Dove Road, reaching east toward footage can be almost half of Solana and west toward SH 170. The the land area. At the same time, View Shed/Commercial Community is the building height is limited to 4 mostly undeveloped, containing a few +/- stories. As an example of how projects such as Solana and Fidelity this equates to building coverage, Investments, but is completely zoned. consider that a one story building The eastern and western reaches with a 20,000 sf plate. At .45:1 FAR, of this area are the primary entry to this building could sit on 44,444 sf. of the Westlake Pastoral Community. land. Parking for the structure would Therefore, what is seen from the likely be surface parking at 350 sf/ street sets a visual reference for visual space and require another 21 ,000 experiences to follow. Such cognitive sf of land for 60 vehicles. Circulation significance means that the normally typically requires 10% of the land commercial-like quality of the street area total or 4,000 sf. Therefore, the experience should be replaced by a sum of coverage is 20,000 + 21,000 visually dominant natural-like quality + 4,000 = 45,000 sf or approximately (much like what Solana has done in 100� coverage. As the building the vicinity of Solana Boulevard and gets taller, the ratio of coverage to Sam School Road). The Commercial open land improves with about 72� Community will experience most of coverage by the time the structure Westlake's campus office growth as reaches three stories. Clearly, well as some limited hospitality and attaining a true "campus" quality residential use. Therefore, it is important requires a lower FAR. At present, that future non-residential development Westlake sites which are viewed as maintains a balanced relationship exemplary campus projects achieve with, and provides a transition to, the an FAR less than .3 (some at a .l ). Pastoral Community. This Community Therefore, the campus-like qualities area is shown as purple in Figure 107. of non-residential development in Key to establishing this relationship and the eastern and western reaches of transition are: the Commercial Community requires a. Open Space and Ground Coverage: lower FAR. The amount of building plate b. Building Height: Because this area PLAN ELEMENTS: LAND USE PLAN comprises the distant view as seen Comprehensive Plan Update, the from Vista Points in the Pastoral Zone, waterways of Westlake run south building height above a certain level (upstream) to north (downstream). becomes very apparent. Therefore, Because the waterways run south to building height in the Commercial north, continuity of natural features Community is an essential associated with the waterways also consideration in development run south to north. Therefore, portions design. However, relatively high of the Commercial Community FAR's (as discussed above) will tend are downstream continuations to push building to the maximum of natural features (corridors and permitted height. It would be to the vegetative communities) that are advantage of Westlake to see more well established up stream. This varied height in the View Shed/ relationship reinforces the View Commercial Community so that Shed/ Commercial Community's it does not impose a skyline over importance as an entrance the view at build-out. Generally, to the Pastoral Communities. tree varieties will reach a height Where possible, natural system of 40 - 45 ft. at maturity and an elements that are continuations average overall building height of of those flowing from some level 40-45 ft. would allow some buildings of establishment in the Pastoral to be taller and others lower, Community should be preserved/ making a sufficiently variegated restored. This is difficult when site distribution of height to prevent coverage (building + parking + over development of the skyline. In circulation) approaches nearly 100%. order to achieve this distribution of This further supports the notion of height and still use the development relocating development rights out rights currently in place, an ability of the Commercial Community to to shift square footage entitlement more appropriate areas, provided not used in attaining the build-out that certain important relationships described above to other Planned with the Pastoral Community are Development planning areas accomplished as a result of such capable of accommodating the transfer. impacts (as described in the previous e. Canopy Restoration: The presence section) should be considered. of a robust tree canopy mitigates c. Building Form: Pitched roof building most sensations of urban-like qualities form and complex perimeters that and promotes an umbrageous visual visually break up the potential environment more associated with massiveness of a commercial the visual character of Westlake. wall plane would attain greater Therefore, canopy restoration and compatibility with the residential creation becomes an important characteristics of the Pastoral aspect of development within the Community. Also, pitched roof Commercial Community. forms are more typical of a campus f. Streetscape Identity: The setting. Typically roof pitches greater Commercial Community is than 4/12 are more residential in positioned within Westlake as part character. of its Town identity. Therefore, streets d. Natural System Continuity: As stated serving the Commercial Community, in the Assessment portion of this that are not directly associated WESTLAKE COMPREHENSIVE PLAN UPDATE �'��C�. �o�v�+- `�fis-� �jis�-�.. Sl�.�ctcr Z.ov+�e.1 2ov�� C'�t+nt�.� Zc7+'�� 125 ft. � — — — —-� Greater than 700 ft. MSL +�' 600 ft. MSL Figure 106: Height Llmit Section Drawing with SH 1 14 or SH 170, should have the Regional Community can streetscape characteristics visually accommodate: associated with the Town Streets (as a. Greater Building Height: The view identified in the Thoroughfare Plan section diagram above (Figure 106) to follow). The Town Street identity establishes a view angle that would in this Community transitions from define a height limit for structures in the ubiquitous regional qualities of this area. SH 1 14 and SH 170 to the more rural b. Greater Ground Coverage: character of streets in the Pastoral The intense use of this area by Community. populations from outside the Town of Westlake makes natural preservation 3. Regional Community: An area of difficult. However, detention needs Westlake generally lying along SH 1 14 will provide opportunity for natural from Roanoke Road to the east side amenity, which can likely be of Westlake Parkway. The Regional developed for more intense use in Community is currently undeveloped this context. but completely zoned. This area will c. Greater Regional Associations and host Westlake future growth of retail, Identity: Building forms, landscaping, office, and higher density forms of and streetscape will likely have a residential land use. The Regional regional quality. Building design Community is largely obscured from may be more contemporary and/ views as seen when looking north from or innovative. Landscaping may the Pastoral Community because it lies be more ornamental and set up for north of Vista Terminals identified in the more intensive use. Streetscapes View Analysis. These high elevations will have a more landmark status in the foreground of such views associated with visibility from and generally hide the Regional Community connection with SH 1 14. area. Also, land within the Regional Community is lower and flatter than Increased height, coverage and most of Westlake. Consequently, the FAR could support the potential for Regional Community is capable of permitting mixed use parking credits, absorbing square footage transferred thereby reducing the total amount out of other Community areas without of parking apron that more intensive detracting from the visual character development may require. objectives of the Town. Therefore, PLAN ELEMENTS: LAND USE PLAN Like other Planned Development Plan to follow), which have a distinctive planning areas, current limitations Westlake Streetscape visually different on FAR and building height make than the regional circulation system it difficult to capture the regional (SH 1 14 and SH 170 and the associated potentials of this Community. service roads) but is more visually Therefore, the Regional Community associated with the Pastoral System becomes a good destination (roads of the Pastoral Community). The for the transfer of development Town Community is shown as a russet square footage from other Planned color in Figure 107. Development planning areas. The Regional Community is shown in 5. Town Common: An area of Westlake grey-blue in Figure 107. located at the interface of the Regional Community, the Town Community, and 4. Town Community: An area of Westlake Open Space, which is served by the generally north of Dove Road and south Town Road System (as illustrated in the of Lake Turner. The Town Community is Thoroughfare Plan to follow) and serves mostly undeveloped, containing a few as a trail hub for the Town. This area is projects such as Deloitte (attains an FAR an organic nucleus for the Town that less than .2) and Westlake Academy. makes the relationship between other This area is completely zoned and will Community elements (described herein) host most of Westlake's future resort meaningful and "town-like". Without a and hospitality development as well Town Common or other hub feature, as some level of office and specialty Westlake is missing the key attribute retail. The association of land uses in this of "town-ness" and is subsequently area with entertainment and specialty inorganically divided into two separate shopping make it important as it settings: one is Commercial and the supports the residential neighborhoods other is residential. Without such a hub of the Pastoral Community. Deloitte and to reconcile connection of these land Westlake Academy set an appropriate use areas, the commercial component benchmark for development that attaches to SH 1 14 and the residential serves the above described support component attaches to surrounding function. Similarly, resort development cities, like Southlake and Keller. As a will likely have abundant amenity open result, an unresolved area of partially space(s), thereby reinforcing an overall developed/partially undeveloped visual character in which the sense of space will exist between the two land open space-to-development favors use areas. A town hub, a specific goal open space. Many of the important emerging from the Westlake Public considerations that define appropriate Workshops (#1 and #2), reconciles this development for this region are similar potential bifurcation of the Town. to those discussed in the Commercial Community. Transitions to residential b. Open Space: An area of Westlake are necessary, which means that open generally north of Dove Road and space creates a residential buffer extending in an east to west direction through which more trail connections from the View Shed/ Commercial flow. Community abutting SH 170 to the View Shed Community abutting SH The Town Community is served by Town 1 14 at Solana Boulevard. This area Streets (as shown in the Thoroughfare encompasses the major Vista Terminals WESTLAKE COMPREHENSIVE PLAN UPDATE t'�'*,�`�__ ; l sr �� .. , , .. � r � `� �. � � � � _ _�-� ,, ,, �,, =�.�, �'_ .�.�i `�`� ,� ,� 4. 1_ J �_.! , � �� r �� ,y��-- - �� ; �� ' -� � .�� / �� h'�� e.J G �'r',v> � � � �' � i� �.� �� ^ �3� __' ��`��lI �� '. � � � -�y � � � �,--_ ) s� �� `�a I , - ;-- \*, � Town Common I 4 r d � , �� , � ',� �� - _ -� � Trails � � �i; ��-_> � �,t - y < ,� _I '`� : � Open Space -.� - ',A � '� � ��' _ ��-��'��'— � pastoral Community � - Dove Road _.� � TownCommunity Q�� _ � View Shed Communitv ' -0� Resional Communitv Figure 107: Framework Plan- (base of Communities Map) presented at Workshop #2 and establishes a central open space g. A micro-setting that defines the corridor lying between the Regional streetscape seen from the primary Community and Pastoral Community Town Streets, thereby preserving while engaging the Town Community the pastoral street qualities that and Town Common. This area functions Westlake residents seek to preserve. as a: a. A hub for trail connections between All of the above functions are potentially Westlake's neighborhoods and negatively impacted by development. important destinations within the Therefore, it is desirable that the Open Town. Space Community is largely undeveloped b. A conservation zone for key to remain open and natural. However, natural features, like water existing entitlements do not make provision bodies, waterways, and landmark for such disposition of this property and landforms. incentives will be necessary to incentivize c. An edge for Westlake that the transfer of square footage currently defines the boundary between permitted for this area to another Planned Regional Community and Pastoral Development planning area. Community (with the Town Community and Town Common Figure 107 is the Framework Plan that being associated with the open was reviewed at Public Workshop #2, space network). and Figure 108 is the Communities Map, d. A publically accessible amenity, referenced above, which is a result of the whether visually or physically, that revision of the Framework Plan based on enhances residential value. input received at that Workshop, input e. An appropriate setting for the from the Planning Steering Committee, educational assets of the Town. and reconciliation of the Community Types f. Recreational asset for the with the Entitlements currently in place. community and a location for public Note that the distribution of Community parks (as defined in the Open Space Types is substantially the same in each Plan to follow). map. PLAN ELEMENTS: LAND USE PLAN Open Space aastnral Community Commereial Corrimunity Tovdn Cornmunity Regional Comrnunity �y�—'�`":--_ TotiWn Cornmon ' i'- �"� �� - � � �. �� .� rF,,,i! — f f ,I �r `�. , �. � � ��: `�~� . '�—..1:, n �;�-,4.. r� a..` ' r . .�,.� ; , , ;+ .�� ---�� - Figure 108: Communities Map- Result of Public Inputs and Existing Entitlements I�---__� f� - , .ry �� , i i �� l ;' � +. -� ,,-.-,� Y" �, �i _��; `` -� Ilista Paint Ilista Ti+�rminals � � � � �'i�w Cvrridc�rs � 1,+'iew Sl�e�s � Vista Shade �c�r��s Sendin� _ _ _ , � R+e��a�c� - L� Figure 109: Receiving/Sending Zones in Relation to View Analysis WESTLAKE COMPREHENSIVE PLAN UPDATE OpenSpace Pastoral Comrnunity Commercial Community To;vn Cornrnunity Regional Community -�. Totvn Cornrnon =,�'. ,�" _�� .� —' _ � � _—�� _ .�=-�� _ ---- --��#� ^� �r-- �- � <r/��'� � � �� ' � �- - -- --'- -1 �' 1 ' ' � _ - � � __ . -�� . _� _ ��.�- _ 1 - - _ _ - � - '- �. -- - _ �� ti `� I �I " ♦ � I � J Figure 1 10: Receiving/Sending Zones in Relation to Community Types Figure 109 applies the idea of sending uses for each district that reinforce the and receiving development square character and intent of the community footage to the appropriate areas type engaged (refer to Part One: Policy identified in the View Analysis. Figure 1 10 Tabulations of the Implementation takes a step further by illustrating the Plan). relationship between Communities and 4. Rates: The rates of transfer between the Sending/Receiving Zones derived exporting communities and importing from the View Analysis. Note that the communities (refer to Part One: Policy Communities described as most capable Tabulations of the Implementation of accommodating the importation of Plan). square footage are also located in the view areas that are less visible or farther THE LAND USE PLAN away from the Vista Point Zones. These are also identified as the Receiving Zones. The Land Use Plan has three elements that collectively speak to the issue of use Using this Framework evolution as a base, within the particular setting of Westlake. As the Land Use Plan addresses the following: stated earlier, that setting is one in which all vacant land within the Town is zoned 1. Public Implementations: The objectives by either categorical zoning or Planned to be achieved through movement of Development Ordinance. Therefore, development square footage between land use, in its most fundamental sense, sending districts and receiving district is legally prescribed by legal instruments for various community types. that already exist. However, many of 2. Development: The recommended these designations are over 20 years old development height and coverage and market conditions have changed within the Community. since the original requests, making it 3. Land Use: The recommended land potentially desirable for land owners to PLAN ELEMENTS: LAND USE PLAN seek adjustment of that earlier zoning. applicable suffix types (resulting in the 16 In addition, this Comprehensive Plan Land Use Districts) are: Update asserts that Westlake's favorable Ad Valorem comparison (at build out) 1. Open Space Dominant with other financially stable cities (such as a. District Type: Open Space (OP). The Highland Park, Texas) tends to make it less area encompassing the major Vista important for Westlake to seek additional Terminals and other natural assets commercial square footage for financial and provides the general transition sustainability reasons. Therefore, it can space between what is residential be viewed that the use of a reasonable and what is commercial within the portion of the present level of commercial Town. It is desirable that the Open entitlement should be sufficient and Space area be undeveloped, that the additional Ad Valorem revenue although a certain level of attained from commercial square footage educational development may be expansion (through entitlement increase) compatible. may not be sufficient to resolve the b. Suffix Variations: There are no suffix traffic problems that it will impose on the variations for Open Space. Town. Although additional entitlement square footage may not be necessary 2. Residential Dominant: for Westlake (unless a significant public a. District Type: Pastoral Community purpose is served), it may be desirable (PC). This area that will experience for the existing distribution of entitlement most of the Town's future density (building height and coverage) to single-family residential growth. be relocated within the tapestry of zoning Compatibility with existing high-end designations (Planned Development residential development is important. planning areas), thereby allowing certain b. Suffix variations: planning areas to increase in response to i. PC-A: Indicates location within market conditions and others decrease in the View Shed Zone response to adjacency issues and other ii. PC-B: Indicates location within market considerations without financial loss the View Corridor Zone of the entitlement originally granted. 3. Low to Mid-Density Office Dominant: The Land Use Plan (Figure 1 1 1 ) shows a. District Type: Commercial 16 Land Use Districts derived from eight Community 1 (CC1). The areas lying basic character districts (tying back to close to SH 1 14 yet still part of the the Community Types presented above visual fabric as seen from higher and derived from the Framework Plan and elevations of the Town. In the future, community input from Public Workshop this area will host larger campus #2). Each of the basic eight districts are office/mixed use projects (much like divided by one of four Land Use suffixes today's Solana). depicting the import/export setting in b. Suffix variations: which it resides, resulting in 16 Land Use i. CC1-A: Indicates location Districts. The four suffix types reflect the within the View Shed Zone and, view setting in which the district resides therefore, visually present in the and, thereby, its suitability for import or views and vistas of Westlake. export of commercial square footage and ii. CC1-B: Indicates location within general sensitivity to development. The the View Corridor Zone and, eight basic Land Use Districts and the four therefore, visually present in WESTLAKE COMPREHENSIVE PLAN UPDATE many views and vistas as well as development, although it also associated with existing creek- contains some residential potential ways. Development in this area (as specified in the existing Planned should be responsive to the visual Development Ordinance for PD 1 and hydrologic sensitivities of this and its amendments PD 1-2 and PD 1- zone. 3). b. Suffix Variations: 4. Campus Office Dominant: i. CC3-A: Indicates location a. District Type: Commercial within the View Shed Zone and, Community 2 (CC2). This area, therefore, visually associated generally lying south of SH 1 14 and with the pastoral area, justifying east of SH 170, will experience most considerations regarding of the Town's future office campus compatibility. development. b. Suffix Variations: 6. Resort, Commercial Transition, i. CC2-A: Indicates location Residential Mix, and Specialization within the View Shed Zone and, Dominant: therefore, visually associated a. District Type: Town Core (TC). This with the pastoral area, justifying area is located in the heart of considerations regarding existing commercial entitlement compatibility. area and is suggested as an area ii. CC2-B: Indicates location within in which to locate that commercial the View Corridor Zone and, development most supportive of therefore, visually present in functioning as a central hub for many views and vistas as well as Westlake. This could include vertical associated with existing creek- mixed-use, entertainment, and/or ways. Development in this area specialty retail. should be responsive to the visual b. Suffix Variation: and hydrologic sensitivities of this i. TC-A: Indicates location within zone. the View Shed Zone and, iii. CC2-C: Indicates location within therefore, visually associated with the Vista Terminal Zone and the pastoral area. More campus- is, therefore, visually sensitive. like development pattern with Commercial development in generous open space (as seen this area has the greatest visual with the development of the impact on the residential fabric. Deloitte site) is appropriate. iv. CC2-D: Indicates location within ii. TC-B: Indicates location within the View Shade Zone andis the View Corridor Zone and visually obscured from most views is, therefore, visually sensitive and vistas, thereby allowing to vertical development. In greater commercial association. addition, development here should be responsive to the 5. Campus Office/ Residential Hybrid presence of water ways and Dominant: water bodies by allowing such a. District Type: Commercial natural features to exist in a Community 3 (CC3). This area, more natural state. This area generally south of Solana Boulevard, has a special sensitivity to FAR, will also experience future campus coverage and building height. PLAN ELEMENTS: LAND USE PLAN iii. TC-D: Indicates location within 8. Higher Density Commercial Dominant: the View Shade Zone and is, a. District Type: Regional Commercial therefore, visually obscured from (RC). This area will likely experience most views and vistas, allowing demand for the most intense greater design and density commercial development due to its flexibility. A portion of this area is association with SH 1 14 and access currently zoned as R-1 and O but capacity due to Westlake Parkway. is surrounded by office, mixed-use b. Suffix Variations: commercial, and resort use. The i. RC-B: Indicates location within residentially zoned portions of this the View Corridor Zone and is, district could be exchanged with therefore, visually present in other commercial entitlement many views and vistas as well as to aggregate commercial in this associated with existing creek area and expand residential in ways. Portions of this area are the residentially contiguous zones. currently zoned "O" but such uses here would be surrounded 7. Town Hub and Town Activity Center: by office, mixed-use commercial, a. District Type: Town Common (TCO). and resort use. Commercial This area will be flanked by future continuity in this area is deemed resort, specialty commercial, a desirable land use objective. entertainment, mixed residential, ii. RC-D: Indicates location within and office development. Uses in the View Shade Zone and is, this area are responsive to the Town therefore, visually obscured from Common and open space that most views and vistas. Buildings in could surround them and serve this location can be considerably meaningful to both the Town and taller than currently permitted. regional interests. Commercial aggregation in b. No Suffix Variations: this area is deemed a Land i. TCO: Located north of Use objective, especially when the Westlake Academy, it promotes and incentivizes encompassing the landmark lower density commercial (with landform in that area as well a greater proportion of open as the hillside down to Lake space) in other areas. Further, Turner. The visual prominence it is likely that higher density and central location of this development will be more area makes it ideal as a place regionally associated (attracting for expression of civic activity/ vehicular trips in and generating identity/community. Such trips out from regional locations). purpose and location makes Therefore, this component of this area sensitive to vertical Westlake's fabric is logically development, which would located closer to the regional encroach upon it and, thereby access points. curtail its use or preservation of the landmark landform it encompasses. WESTLAKE COMPREHENSIVE PLAN UPDATE �{ - I _'Y�'' �' __ �1J--� ` '� - —s � � � t r� . , --- � 1 �� - _ ny �� 1 ' 1 1 ��1 ;,'��'� .. "�sc�� ''. . � " d y� �v.. � � ' i I�� \%� a -' -_ --�-- f .\ � �___ '�4L r '� I ." , / �� __ _ .:�V°lFi1NJ'r �_i }L! ---- � � 1�--..:, �� l�i l�\ --\ `� ��; �� }� ,\ `a`�t n r_- ��I l�. � _-_.� __—'-- _S0 _ - `..4'••. ��a ��-��-.;�-{�` - � � � � - .,� � ; �� - - i � �' �``�'` - -- I � -.`� 1`- - — �� , ; �! �' � _ '-� ��I �� . � ,—�� }� �� l�� Figure 1 1 1: Westlake Land Use Districts DISCLAIMER: The land use districts shown on this map in no way modify the permitted uses and/or conditions of use (FAR, building height,etc.) specified in any zoning or Planned Development Ordinance approved by the Town of Westlake.These land use districts are intended to guide the Council in their evaluation of site plans submitted for their approval and/or property owner requests to transfer commercial square footage from one land use district to another when the legal mechanism for such transfer has been adopted by the Town of Westlake.See Policy Section A in the Implementation Document for rates of transfer,trigger points,and other implementation language. Figure 1 1 1 illustrates recommended spatial � P��A: PastaralComrnunityJViewShedZone distribution of these Land Use Districts p�-B� P�stQralCommunrty/Vi�w�orridorZor�e Wlt�"llf"1 t�"1@ TOWCI Of W@St�Clk@: CC1-A- CommunityCommer�ialllViewShedZane CC1-B: CommunityCornmereialllViewCorridorZone Description and Visualization of the ��A; Community Commer�ial2lView Shed Zone Character Districts: CC2-E: CammunityCornmereia121ViewCarridor�one CC2-C: CammunityCommer�i�l2JUewT�rminalZone The following section presents a CC2-�: Community Cammercial�IView Shade Zc�ne description of each Land Use Character ■CC3-A: Cammunity�ammer�ia131View5hedZone District, explaining the intent and desired �TC-B: Tawn Corel�ewCorridorZone C�UG�ItI@S Of C�2V@�O�"J11"1@Ylt II`l 2C1C�"1 C1f2G. TC-Q:TcrwnCorelViewShade�one Each block also presents pictures meant to TC-A: TownCrarelVievuShedZone further explain the attributes of preferred , RC-0: RegionalCommerciallViewShadeZone C�2V2�Opl'71@�`lt. RC-B: RegianalCommer�iallViewCorridarZone Tt(]:Town Carnrnon �pen Space PLAN ELEMENTS: LAND USE PLAN r � � f • " � 9• T X � — ,9. � ' �r � . - ' ' ��i . , ,.. � .. .� , � m . �f :.=��1�� _ v;��' _ - �M' �, _�� .�e'�iti�j � � - � '"�" .,�,�.��:� ,,.%��_. ._ . �� . ti , ,��..� ��, 1 �t. ,�Y„.'.G-,C s . + ,b � . .`, j r h+.- ;�'. r. �.' .�;��.�} .�_ � L �"F��}g,�1��` � �.. i ,. .r v. �`�x `�� + " ��..; . �� .� "'� " ..� @�, ,�c� � 1 '" '4�aJt� "'ta�' �',� � �s',$"' T� •f+s� ,' `'" � . f�� _ ` �" A ' �� r.�y, � � "� 1��"� � t � r P � , �, �'�' a�� '' v �� , �"� ,., �� , _` �)�-�'�� ;�,y �,,,� r n r: ��d f `� �y„'A,, �ti � 3v��F1a �� _ agr#�.,�,,., ,ifs.� �� .'S q �f {� 'y�,4✓ �53�'9 � l � q. ' � Y ��i�d � ��.'. � ��"�� li � �K�r �P'�'. 9 i �� `� ��. ,�, '� �i � .r,V= � 4• ��t ��,c ' �.� � d�. '��4ii" a f #r , , � �- '�-�,: rr;a T k +��.� � � �w,�� ;� �J ,� - i * 1�,�*��5,�� . '.� 1'i�NJ�' J:: .'- -. d b ,� � �� ; ,i'��u"`� yl�, .� y . � F ry .' ,�{� �, ,� Y � '� "r" �SF 'f'R il.• L . ,.�.�. � ��. , ,� .,,� � '-� �� 5 ,�a - '�� '.��A`'� t"''.�"hi' • �f +�' k"� � ��+F' �t :� � �� . �� ` '+��j� r t4`I �,�` 3r" r 'i �� 11�� q •q - p�k`i��i'��r � t „�'S,: � t+ �� x r�Ir°�A�ru�y a.x � 7, � � �; '� �, �.� .".x �� }��t� 7 . � �"5 �i�� 5^Su �'. �. �,� � u _ � � a'� �S� .�'�p ei �s'� s t n+iR � � ,e.�� tl� �($�', �^f'. � . �,IAi � �� `� ��' � . �� t�l l .�.",,� '�n o �c�: .'.� .'9Y. �` _� z . ..,�RSS, ? . �r c4�� . . .. _ . _ � "� L�� :�,s ��4d'i �., :`�.k"L.t'Sl District Type: Open Space (OS) as it experiences increasing amounts of commercial and residential development. Character Statement: Westlake resides at The Open Space Land Use District is the geologic break between the uplands meant to be primarily undeveloped with (extending south into Keller) and the the landmark landforms of the Town lowlands (sweeping north toward Lake remaining in their natural condition, Grapevine). Eroded landforms perched thereby preserving important views as at the terminus of a rolling topography well as natural and rural settings. Where that gives way to flatter pastures is it is not feasible to have an undeveloped the identifying natural character of condition, FAR's in this area should be Westlake, which is also the composition of similar to those already attained at characteristic views and vistas cherished the Deloitte University site so that large by Town residents. The Open Space portions of any development tract are Land Use District contains much of this open, undeveloped, and used for the identifying landscape and the waterways creation of retention ponds and other associated with it. The intent of the Open natural features that enrich Westlake. Space District is to preserve vistas and Flood plains and waterways should be view corridors and, thereby, preserve the aggressively preserved and remaining tree essence of Westlake's pastoral setting communities/wooded areas protected. WESTLAKE COMPREHENSIVE PLAN UPDATE � �`. .�- � � M �.. ..,:�. t :.'•:ze� ,t "1] �r - '� �� '�y ' `�,� �'�`�ri�--� �'^` _ii` +��'• ��,��,�'��r� : �,� . - , ";��,z`^" ��.-y,e��, ,��_,� �a ;,.,-�., .�.. °-��F r�:. -��_ — '�'°r i,_ �;�:_� - ,,-_ ��_ _. ..+� —��. . tswi�µ-' .. 'i�rvt^'Y•-'Ww-_' 1Y:-�pd "�1.. �� ,�_�E^��. � �� I ��.�' � �J �A�.�1 , . • , � - � 4 . �y� , i . 7 � ,q �� . .. {1{S'"Tt�� .�'��' �� ;4� . , � ,. X-. 5P �4 � �.. 1 .i... �y. �j� �.'A f - �...` y ��yyi _ . . ;�5 ,�`Y � ^�,1� a �'�`� �w}.4+ � � �M � � rr ) � �� ' �� W } � 7 �� +�� ..q�r�h �� J`. � � � t � x � ��L,1��1� �� y� r` R 3 S�.�« .�k t�- y, ; .P- u 1 +� . .,. .� .`'ry� " � �ir �� t '�'�r�ay �. F �f" pr�d "�� ,�,g +,a �, t '+4�� y '1 �' '. . '�.''1. _. :.�; �� ` �� + � � '�i� � ��`,� ' ��7a. ' !r$� � �� ' � y I�y I_ ir ��,. i� ��,� r, r �r u�,a� '.•� 2, . �'�'� �` - a -- -- y� '�' s r� i i . �, ,�� , fa�� s � `r �i' 1 -1 r 5��r-'� �- '''`''-i:,�� .� r�` r'�/� pa ,r-�-- . n' s;� '� �• « • y j . �.p _ iY- µy,��n�— •� 1 e+.,,y�. •�1�, p.�' '1`•a ^S�{t J•� }� _ �#� '. '+1 �' �;f'' . a t '# �' ' \k^ _ ��.. ^4v.'� ' ��I _ — �, � -n'�, .� � '`�, r��(-� •� ` �, .�� p, .� •;.� ��. � L !� _ ' �i � �_. , t_ Y?� � i�ry , '1e. . ` 1 � ' . � �� rN = 'x•_ �€"i :� v +�.;. �j, Y t*��• -� - a� i'- e.+`1L "",.`.+. .R' � � �i � � , � �Ir �j ��-,_� .� ..�:`�"•M, . ,r.�;•��. ••°� , -•. "�i� � � �F°;� _ - �� 4 , �,�� m`. .� '�� t� A_,s �� , � � �ip �� ,k � °d � �' ��+';,3.t� ��• ' �' �' '•.. � � ��. - � r v� � '�� - �� :�i, �., 'E �` �'"� 9�' v_�,�-� �.-�:6y,�� ,pe ,y � ��r. � �. . . _ .j y.�� ' . �A: ' 9� ��y +a�..� i:ai•..� � rr . ss �- .• s�e�P � �• 'a ��e��' ;�_ ��,��»j'r- �ir*r 5 .1�. .�3`��'�'� �;,.+ � ,� 4. �e 1 �1 � •�� _.. y�y � � N �. � �. ��y�,"��`.{,� �� , _� '�� cY'� „!� �� wf ti �p. r � �� .."�R:-��=��i:� � J►� . _ - '-�'�;�� _ - u?r�`. District Type: Pastoral Community (PC) acre. However, smaller lot sizes could be compatible with this character if such lots Character statement: Most of Westlake's are clustered and surrounded with open residential development to date can be space so that the gross density remains characterized as large homes situated one dwelling unit per acre. The sense of on large landscaped lots where homes open land is more essential than lot size. are sited in ways responsive to features of The Pastoral Community is predominantly the lot, instead of the street. The overall residential with some institutional uses and character is one of a dominant landscape office campus uses where the FAR is .1 :1 and houses arrayed within it, rather or less. Informal lot landscaping replaces than houses with lots (as is common to rigid street landscaping, giving more visual most suburban development). Lots are presence to the natural ground plane generally an acre or larger with homes than the roadway. Preservation of current set well back from the street. Homes home values is key to future residential are limited to two stories in these areas development. and densities are one unit or less per PLAN ELEMENTS: LAND USE PLAN .� �,# :J "�+i "�` �`� —$� "�� > v�� '�`�f.:�. , �, � � r."��`t ;,?, ,�� r��e . ,.- _ � _- ��` �'' �� - . "^`y. � _ _ - � �'�d 1 " � �� . 4. � .l; �� t�:n .{. -r. . ,• . . I 5 ,�.��.� .�. +� ;.�,, r.� ' � •: .• .Y � , �y��,,�� - �„ -,. ;,��r,�,b �#tb�+_=r --„��, - - - ��- - - � � . �, � .-�� — �__ ;�, ' �. �;�_ �,; �,1 �� y��y` F �,7�N, ° I�Y � •�. .> .e.,.:i irY'��.��"�d�u"r1o0�t:��`f�;'t�r33�,;.�"�'!.II�91��71U!; J��S��.��II�IFHi.�'. �� 1.� .�. l .i :l�lr.l�'�e , _�, '�� f. � .,."'R . r . �� i a �. t'� �i� o . �k;�,: �. �.. �`r _� � � s— „fs�: , �. ,' , �i ��„�f y G,� . r r ,P` .�� ' a P ; . �. Y� Sl lr .��' � Y = h � s�� ,�� #�y a�.4 L Y�� ' � �y�'�,�, � � �,�y,�, � � - a�.�� - ti. V — �r� '� � � 1� ^��q.� `i,`,y"7"+� :. `R.' . . - � � ' 7 ��f..�� '�Y . � � � . � Y'Y.+� - '' � w _Y � � v �, �� 4 � . ��„�,. � ��. ,-�:- _ .. � � F � ��j�0 �� _ �� _ � . .� "�'�..5�. ��:. - p.1�4�� .. ' .i �6 y � ri:. Y - . A .. — �_ w � � � � �. � � j � �� .��. w : � - � ;w �= � '� • ^ _ � ��i. � T � � L - -�� . District Type: Commercial Community 3 however, FAR abutting residential should (CC3) be lowered through the employment of added landscape buffers. Detention Character Statement: The Community facilities as required for commercial Commercial 3 Land Use District is similar to development should be retention ponds the Community Commercial 2 Land Use located so as to be in the public view. A District except that it has already permitted larger percentage of site open space, residential land uses within it. Therefore, building heights not exceeding four residential adjacency is an important issue stories, natural and drifted landscape, of this District. Commercial development and retention ponds visible to the public of the Community Commercial 3 District view are characteristics of the Community is meant to be more "office campus"- Commercial 3 Land Use District. The like development, wherein the corporate Community Commercial 3 Land Use District addresses are essentially corporate estates is a building height and coverage sending sitting on large landscaped sites in a zone. It is encouraged that exportation of manner similar to the Pastoral Community building square footage be for the purpose residential patterns. FAR's in this District will of supporting low FAR's with more open be lower than the .4 to .45:1 embedded in space or conversion from commercial most Planned Development Ordinances. to transitional residential use (as per the FAR's should be similar to levels of Housing Plan to follow) in areas that abut development seen at Fidelity Investments; existing residential zoning. WESTLAKE COMPREHENSIVE PLAN UPDATE �� ,� _ �' �" � } �� ,�� . � � g ,� - � � c �� ,��°�Rfi• -..� Pc : � �� .a j � +� �- � � �� r% _�� '�lrl �� w": .. i � �� .:. ,: � , � � �' �� i.;w,>�� +�.-�.cf.y� �= �.�'+ LL�A �� _ �,` "�- � ; �_, -�� _ �"� ��` 1� �. M � � .�. . . � . . - ..� � - �- �F J� �-�`��i' � ._.��. �Lt, . � _ ii�_ F � � y,� M� � � �:.-�� - . ��_" .,� , ' � � � ' � .. � �' ..-.. t� �. ' _�.,= r' ': �� y �� .��` � �� .� ,..��,:.�.,_f.�.= : �i �y,, .�' �u I� • . - ' �'"� i�[+q - - . ., p ��t 1 I� ... 4. :� � I �� .�._, � � � ��y v_ � _�� .� �I ,�� __.�,�.� ' � ��.� _' � J� � �' -` � _ � �' � � ��; i i �, ', _ _ �� r r �-- � � � � �, _ 4�L-� -,� " � V � y� ,: � � ,�,s�;�,�►s�.f � ' . y-' � , �. ,� � � � �� Y �. y�� ;� �� '" �� - �- ._.� �''��. .� 'L;.. ~ �& � • ` •'�"9�' r � �,' ..} -,�� ' ��_- �._� �-�d'-. f y -- � - _ - .�C ��,. . .�..�-- _ _ _ - �. � `�� :�ss �-_�.- District Type: Community Commercial 2 Commercial 2 District located in a View (CC2) Shade Zone can tolerate development that somewhat exceeds currently Character Statement: The Community permitted levels. Further, another portion Commercial 2 District generally lies of the Community Commercial 2 District between the Community Commercial is located in the high ground of a view 1 Districts and the Pastoral Community terminal. In this case, efforts should Districts. Therefore, the Community be taken to preserve the landform Commercial 2 District is meant to be a by exporting development density to land use density transition from highway another Land Use District as identified in fronting commercial use to landscape the Land Use Plan (CC-1 , TC-1 TC-2, or dominated residential use. Therefore, RC). Detention facilities as required for building height and the amount of commercial development should be open land surrounding commercial uses retention ponds located so as to be in in this area is important. Commercial the public view. A larger percentage development of the Community of site open space, building heights not Commercial 2 District is meant to be exceeding four stories, natural and drifted more "office campus"-like development, landscape, and retention ponds visible wherein the corporate addresses are to the public view are characteristics of essentially corporate estates sitting on the Community Commercial 2 District. This large landscaped sites in a manner similar District is a building height and coverage to the Pastoral Community residential sending zone. It is encouraged that patterns. FAR's in this district will be lower exportation of building square footage be than the .4 to .45:1 embedded in most for the purpose of supporting low FAR's, Planned Development ordinances. FAR's more open space or conversion from should be similar to levels of development commercial to transitional residential use seen at Fidelity Investments. However, (as per the Housing Plan to follow) in areas that small segment of the Community that abut existing residential zoning. PLAN ELEMENTS: LAND USE PLAN } � P �� I . � I��y �^�iR�'" ��>��"��:.�34a� � ��s� .I�+��T I�I � I Rr :�� `.� - �� P � . , � - �� '�� ! �� r. �i��y�� -- ^ � � ' , - �'�`.— � , � �°'� � � " �'"e"a'�' -.-�� I� � '�r��I�1��I�'�� . � � i . . ._ A � -� .'� 3�:� '�'-.,,�.tr � �� • � - , i ' i . � �'�, ■ .�. �"1 - - as �''�„� r�� ;- krr�.'" -�.+.Y� J � � � i �� . � �- _ —� ia�--_� �� a 1. e� pp�� . ..a .�.�. . . � ��. , � .. ... . _ � -..9�,.. .'� .. 4� .s.. ` ^ � �.�-•� - ' � � i. �.,. ,. . , � . . . n4 i�Iq1�I�G�iM�7l�l�i��lf��iw�earaw�ti�•u�aa�.:�n�v��..,.-�...�W.r�� . . ' ��-. +l � N _ • • ._ , . . aR9M`ql�. �i, � ! �~�. Wdf:��R;�,=��8"�� atl� L '" ' � r-�� 'l . ! �.�,�,y� -- v • °�` R�-�Wri -��'/111(S$'� e]�IC�i:.iaa�i.dl�� J+u��11�� , � Yi'��ilr'�iSl�#�EI �19�e3�.7��li� ■��sE�f��li�ii��i� - �r+�s�.��l ��'�l��ro� '�� .a�.�=..��. ��s�.�.� � , .;��.. � ,._,,. y !'.'°- I� t � � �. �.. . I 9re_.�yi� m.;. -,- .� .. . L ,� � �� i'� .ry,ir .m� - � . , .. , ; .. . .: _ � f F� ilNl .� e�� . -�._,�t . � .. .',. . �._ �, � ��. .. ' �. - - _ _ - � .:_ _ -:.. .. �.� _ � ._�.. + �. _ ,+`� .a` _ � � ��— _ _ � ��. � e . `T -�,;a* •'�°; �;� �, �_� . ��I M �, ,�� -� �' � - . . , i� . � � v .i. . �-, . . " '. � _ . . � � 1 . �� - .. District Type: Community Commercial 1 should remain low at approximately four (CC1) stories. However, other SH 1 14 and SH 170 frontage areas within the Community Character Statement: Much of the Commercial 1 District can have taller Community Commercial 1 Land use structures (approximately seven stories District lies along SH 1 14 , generally east or 80 feet). At these freeway frontage of Westlake Parkway, and along SH 170, locations, FAR's can be higher than other generally west of Roanoke Road. This area Community Commercial Districts. While is a transitional zone between the highways not urban, the intent of the Community and the Community Commercial 2 and Commercial 1 Land Use District is to 3 Districts. In a Community Commercial 1 project a freeway identity for Westlake District, the value of highway frontage can at the portals leading to its residential be captured to an extent that does not areas that is more office park-like in its adversely encroach upon the view sheds character while still responding to the extending north east and north west from value potentials of the highway locations. higher elevations southward in the Pastoral Six and seven story buildings with well- Community. Buildings in this location can designed native landscapes (use of water be somewhat taller than building heights features in the landscape that are visible in the Community Commercial 2 and 3 from the highway), parking hidden from Districts, with greater coverage. Portions freeway view, and a void to solid ratio not of the Community Commercial 1 District exceeding .7:1 (greater solid than void) fall within a Corridor View Zone that characterize the Community Commercial follows one of Westlake's existing creek- 1 Land Use District. ways. In these areas building heights WESTLAKE COMPREHENSIVE PLAN UPDATE ♦`'L l� [�'f.•�$ �, a = _> ^ w"�.a _ � � � -�r�- � � a; �� s. M"��`• =# `� 5� � � � �� # y � � �,-. 4 �-- � r � � - � � � � ,,� + ��Y �� t ----�� - -� '�`'� � � � �, . '"� � . ��#R�,r �,4� _ F __ _ ,rf1 ,�:.�� ,y �� .d3. ... .t+!�r� ��.1��] I", �• .�;. �� , _i'��^'T „� � � _ �. �s� ' '�w 4� �,�$�1',r'� r �' _ � .� v'"'_ .:,� ��:�. , ,. � . � - �.n, .."�� Ti. �.. .. . ,. � §�+ ,M �, I ,� rr � .;�. w. �p",�' y'� � �� { � � �A�� + � �t �,�$ �. y � I -e"r+t `4 �: _ ___"__-__ . �.t„� �fr'4d'\� , �� y �. �ui�.dr.bl.�f�,lai�i'a+_w.�s � '...,. .�,��`' S.pl j�' y .`1p,�� . .+�n," �� . . .� -.. - �i�R� . . .. �r-� ._ I•�� r _ '1r-��1 i . .'�-i�'� j ��y—i ,� _ . , � � � ' F ' ♦• � � ;i'. a-- ��" �` � � � � � �� r •,�� 4 �i�'� ,,�� '� ck, ' �' � -r '� "�.+, .� '� - � ,�, � . , tis _ ) ,�.._ .. ''� � �- 1' �� r�_. ,l . �� . �R��R��s� � � � � � j �P �� .`'� '� • �++� w -�-y f ,_ �4�1'r ''-� ^ �,r •� �Y "� �!� i . t � •;� , . .�A��K � ` 4'� ; �, '_�` �i - -'..,��w�r �-*�`��,. `' %�*� r y �;:�►,.. � � � .Y•;-' �,y. al�- .�� •� r� � r� ._��'� . ��Y.y►' -� .� '4 ��j¢ -`�r,i �-i �� ... - � . ...ik {��,`�,. _ � ��1�r� �_`*i 1 �ii�� .'�3 � , . ,r' {� � • : r ,.�-?��:. � �« s�y� - .� ; :! r� t��'�� T i� t �r;rW , - �A � �.: ��w� ��y� �14 � �� +f� +� `�t� r�. - �`� ' ' - �"s��T.r�j�,,�;��.tl,w'js��• ' � x .:` �,�.. + �j - J�" �� ,',� ��i��?f *� � .�~ _ ,� :� ,�•-, �,•• � . � +' �t *�'" .,�. �• � �� '� +R � {7� �+Er �•s� �•,;rti�ti�;7'. _�►`:t ,:/'w*'Y �''"a::.�� District Type: Town Core (TC) heights exceeding five stories can be accommodated here. Portions of the Town Character Statement: The Town Core Core District falling within a View Shed or Land Use District is a context district that View Corridor Zone should retain lower supports the Town Common District. This building heights in the four story range. means that it serves the viability of Town While not urban, the Town Core district has Common through supporting hospitality, a more conventional street relationship entertainment, and office uses. The Town than Community Commercial Districts Core District is also a transitional district, have, and the associations with the street transitioning from the regional commercial are active (including drives, premise signs, scale of the Regional Commercial District trails/sidewalks, parking, visible porte- (to the north and west of the TC area) cocheres, and other features such as flag to the Town Common and Community islands, etc.). More street engagement, Commercial Districts (generally south and more composed landscaping, transitional east of the TC area). Potions of this district FAR's, and void to solid ratios about .7:1 are located in the View Shade Zone and, (more solid than void) are characteristics therefore, appropriate for the importation of the Town Core Land Use District. of building square footage, as building PLAN ELEMENTS: LAND USE PLAN +'� '�>�� „� f �` � ,�e 5�-��. ,i — — — — — �. ��'�fi '`� �. cK$ - *►'� '' °�,`C,.' 4'�'� ,-' ,�1 .. ��,�.> ky �-�y ' � . g,'A � ��b � � � t � �• �.°r'y.,��.:�, r'� ':+K�i�� ,�"+�a: ,+.T. ,L�B�� r ,.�y, .:-'�.,� �� ':. ,« �` .�.... `f�2, ,�'.� � r.�� 4' .r�a�.�� r�. -F .. ; - r • ,_ < {.: . �'�T - � . ... � � . . . . � ' �" �.� h�, �'. • .� — - ��~ � ._ ' .�,; �� _ � � � ;J' w �Y:-r r �, �J .. �.�.�.... •� n . ." � � �5� r �� h'� �A �%n� �� .- �ly . t �..� r �'• .{�#. . - �� } ;: ,' `-�T{� � .. ,i'^ '3t' � : 'L �t`..' r l. "t, iy �$ �' �` p•_ 1 _ � �. � i # �'�v��a�r;�`�� r- ` �,�� `�+�' . , � � '� � �� z�� J � � ��::; �,�, �''�" �_ ,� �' �.�ri �, ��` +� , �� ,�' 4---4— c � � �� — ' � , �� ,.�-y�-- � , � � * ,.� r� +1��' �+� . . ,- ' � y}::fra '': ..� .�.g ,.� "a. � . � �.�, � � „� - i'. � p�',` � X• ,� � ..,''' p 1-�w ,� �� T_"y 1Jy��Cro 7 -�_ �i'��'g" "1.'' �� . P��, ` �p�.�•'R ��Fx.:. . . �� _ �j .�,.��'�' � _ �� .'t. . t�S.S�.d� �� :+l�,.9,�"��'�t �,�y.j�.� ��9P ��,S''� ', aJ} 4'� ti1S^� IYr� �£ . .. "T'i�- }4- lif'.� - �.4 i�., `�'�`.i'. �. � .'�v. J. .. �• � yi tl 1 � � .�� T r _ �� $ � . 4�. �¢+ ��: ��"' __ v � t- '�"'� �`� r,��,�� .�'� � � �_ � _ - - �ti � ��. ' :r j �� , a,� � '`r' - �f .. �� 1�+ ,_ 3.�`s�"t-� '1"t' t�t ' �,� � '.t F �� ^2 �F _� . :�i � � , .S� ,..�A�k b r�+��; .:s:� � � �` r + ��. _ . . ...-,.iP..' _ � � �V' . , _.�R. .7�.?�:��±�' P .. ._ �r s A,�_�,- District Type: Town Common (TCO) Town Core Districts, which flank the Town Common on the east and west, have Character Statement: The civic and a potential to energize use of the Town social identity of Westlake is embodied in Common. Entertainment and higher this district. The Town Common Land Use density residential land uses in these District also expresses the pastoral identity abutting areas reinforce a sense of hub of the Town. The Town Common District is importance. the hub of local activities as envisioned in the Planning Public Workshops, converging The urban-ness of the Regional upon a pedestrian friendly environment. Commercial Districts transitions through This District is a place for expression of civic- the Town Core District and Town Common ness, a place for gathering, festive and to blend with the single-family residential ceremonial events, and family outings; all character of the Pastoral Community. while being close to the Academy and Public facilities located here should recreation facilities of a school park. The be designed in a style derived from Town Common contains one of Westlake's agricultural references that remember most dramatic Landmark Landforms. The Westlake's heritage. Needed public steep slopes dropping from the hill top, parking should be treated in a manner that toward the Regional Community Land allows the parking area to have ecological Use District are difficult for development significance (such as the bio-swale parking but well suited for scenic purpose. The area at Arbor Hills Nature reserve in Plano). WESTLAKE COMPREHENSIVE PLAN UPDATE �r. - _ - •--- .- -_ . - ��.....s��a�; - --f�; _ i��- ' .�� - P f a,. ��'�rw 7,'�� ,-a�`+„'�'i.T`��- ...-�� '� �-y°' � - - . Y �` .,.�._ �r�' ` Y .�',�� .. � T _ _ t�■ • � `E�v � . . �� ' �. Y"" ��. . _ � s « - � : a'+� ��_ a #� �'" ';a��r�i�i' ' "'� ��p �"„W - �� ,� � � i'��y'S�l i ,� i�� -�'.��.�4 .� y �'�`_�� l�� '1i�j`_±�'-� - � s's s - ��+ �- � ��,��r.�� 1�� :�� t� ��a�.�f ■� � ,s '§ 14! ��'�I� �4�' ��,� ��_ Y �- _ „�.JLi� �4��'� �,� ��:� �� _ �I.�- �'i # ii ,i+� ��1 �� - - ,, �� .,�_ ��'�'� '=��- -- '�"�"�'�' ,� � � �``.� ' �� y�i �� ' . `-,� -- - - ��" � � - �� ; �� , � � - _ ;Il�l�` � "� • • e_ - - �_' _ . _��'.'_ � �� . � ,� _ - '��_ "'�� . .''�'.��r.�� : . � District Type: Regional Commercial (RC) 170, the Regional Commercial Land Use District is served by the regional corridor Character Statement: The Regional more than the Town Arterials. Taller Commercial District is the most intense buildings, wider streets, more intense commercial district in Westlake. It is parking, parking structures, formal street viewed as the primary receiving district landscaping, active building to street for movement of commercial square relationships, connected parking aprons, footage out of Community Commercial higher light levels, and a void to solid ratio and Town Core Districts where more of 1 :1 (a balance of solid and void) are open space, undeveloped site area, and characteristics of this site. Higher levels of lower buildings are sought. The Regional development density and greater highway Commercial Districts can accommodate visibility call for establishing an overarching buildings in excess of eight stories (in architectural continuity and other site some areas). Lying along SH 1 14 and SH design compatibilities. PLAN ELEMENTS: LAND USE PLAN Summary of Exporting and Importing CONCIUSION Districts: This Land Use Plan seeks to further the The following diagram illustrates the Goals and aspirations for the Citizens relationship of the basic Land Use District of Westlake as presented in the Public Types and the earlier described suitability Planning Workshops. Therefore, this Land of export or import commercial square Use Plan builds upon the recognition that footage. Note that the Open Space and market conditions in 2014 are significantly Community Commercial Districts are most different than market conditions in 1992 suitable for exportation while Regional and that such change of condition will Commercial and Town Core are most likely motivate owners of undeveloped suitable of importation. property to seek augmentation of their current zoning ordinance. Therefore, this �'�ta �°'r�t Land Use Plan is meant to be a guide v��ta�r�rm�n�i� ; ; in discussions when considering such View Corridars � 11iew Sheds � 'Uista Shacle Zones requests by seeking to identify pathways ��,�� ,��i�,��,� to a positive response that does not further � burden the Town with additional traffic ��q��d� ��^ �� ,°� �� , �� .� N��°�°� and/or facilities demand. rnir�nilm6ros 5Fai[[+ [n �,.J! � i.�� , �rir�,I � .:..,d . �v�I i rn-n.c..tl Use Recommendations, Development Conditions, and Export Ratios by Land Use District are described in detail in the Implementation Document. �'�A�TOf��,� �N .� --- •� - __ f��I�N,�1- �.� � .��,�� -__ -- -- -- --� f �� ', ��.c� U'r.r. ��.�,, $ {�,� '�h�.. ��'ti *�.�-.�� z �� ?' �--�%��` �r !;•'� '4 -0�� r �-! -- _ '`-`—_ � -�'s�. ' .�,^� �.}��$,� �-t E`,� 9`,. k1 `�t�'i''�� "-� '� � ~" ' � r r ��i��:�� Q� .r� �``�'�r 'ti� , " '�,, ' `, u -_r��r � �, . .,� g �) ��'",. 2 r�� < ?!""h � =w, ye� �,'�� "_`� li -a��' -s=/ f'� r' 4 � �:�k�:. A �..r..,, s �--'s,�,,, �i• 7 "-�.��' �, ,� y �r... � � � � W M �� ` „ {j9' _/ t, F ' � ,� . . . i �� . �/� �(1��. � ' � �I ��?i $Y" il �� 41 I "+�.1� �� . y 1 -m�S i f tw p '�.T P ,{'� �'�.�r�r t. . y,�.. � �`�' ��r#/ � �r . 'tb" Jx..�� e,tin.a4W ;��F;.�'+y.,i�`' . �� :��- �� { . A. ��' �' -y` �r'n }� �� -� �.'t��°<'��e -�� --� �'' `T�r---�—�'�^ - "`�� "''r J:'/� � � >� '�'`�`�51 s`K�'�� '� �y !'�"�.�� " � ��/ _-,�.l�fi _ '�_ _ �.�.._ '!� �r� � � a�� YY..,, � = � - t J�� -� � ,�y ''�y j. -� ..A ' ��'� � "`� � n�: ��'��`��-- ,� � ��'� 1` ��" � '%---- � �.`�`�'� t� ,_.�, �� -�,__ � ' ,�� ` F — ��r- �] �' `, " .�;� `�(', � :�� '_ .��. LLL � ��"�'��4``�� _'- ' �` � � �' �%� � �_�; �f,�_� � � ��r� � � _ � 4 � � ,�� '_�''I—��-- —J �� \'` �� _ —---- —� `�`�� —� � ,�� WESTLAKE COMPREHENSIVE PLAN UPDATE THE LAND USE PLAN �PC-A:Pastaral CammunitylView Shed 2one PGB�PastoralCommunity/ViewCorridorZone CC 1-A:Community Com mercial i/View Shed Zone 1 v L1�� 1 CCt-B:CommunikyCornmercial l/YewCorridorZone \ ■CC 2-A:Community Com mercial 2/View Shed Zone CC2-B:CommunityCammercial214(ewCorridorZone CC2-C:CommunityCommercial 2/UewTerminal Zone CC2-�;Communiry Commercial 2/View Shade Zone ■CC 3-A:Community Com mercial 3!View Shed Zone .TC-B:Town Corel View Corridor 2one --� 114 �TGD:Tc�wn Core/View Shade Zane TC-A:Town Core/View Shed Zone \ �RC-D:RegionalCommerciaV4iewShadeZone 170 — �rr,, � RC-B:RegionalCommeeciaVViewCarritlorZone ��F 9p, TCO:Town Common Open Spaw �� ' � � l c,p�c�i awY peloirte Way �` �" � � � � /377 - � � ��.� 5o\ana8�vd� �- 0 C -� � � t�'. DOV2 R{f, �� ` Dove Rcl. �', � � �' r °' Z c N rn r m � m � Z � � Z � � � C DISCLAIMER: The land use districts shown on this map in no way modify the permitted uses and/or conditions of use(FAR,building height,etc.)specified in any zoning or Planned Development Ordinance approved by the Town of �, Westlake. These land use districts are intended to guide the Council in their evaluation of site plans submitted for their approval and/or property owner requests to transfer commercial square footage from one land use district m � to another when the legal mechanism for such transfer has been adopted by the Town of Westlake. See Policy Section A in the Implementation Document for rates of transfer,trigger points,and other implementation language. r D Z Town Cou nci I Item # 5b — Granada Development Standing Item: Update and discussion regarding the Granada Development, including items posted on the regular session agenda. Town Cou nci I Item # 5c — Entrada Development Standing Item: Update and discussion regarding the Entrada Development, including items posted on the regular session agenda. Town Cou nci I Item # 6 — Executive Session EXECUTIVE SESSION a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Project Lynx e. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town Cou nci I Item # 7 — Reconvene Council Meeting Town Cou nci I Item # 8 — Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION Town Cou nci I Item # 9 — Adjournment Work Session Town Cou nci I Item # 2 — Items of Community Interest ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. ✓ Coffee & Conversation with the Mayor Monday, February 1, 2016; 8-9:30 am Bella Vita Model Home, 2 Paigebrooke, Westlake (Off of Dove Rd, just west of Fire Station) ✓ Board of Trustees Workshop/Meeting Monday, February 8, 2016; 5:00 pm ✓ Planning &Zoning Meeting (if needed; please check website for confirmation) Monday, February 15, 2016; 5:00 pm ✓ 7tn Annual Northeast Tarrant County Transportation Summit a enda Friday, February 19, 2016; 8:30 am — 1:30 pm Hurst Conference Center, 1601 Campus Drive, Hurst *Reservations/Tickets are required - Please let Ginger know if you plan to attend ✓ Town Council Workshop/Meeting Monday, February 22, 2016; 5:00 pm ✓ WA Foundation's 13th Annual Gallery Night—Colors of Rio Saturday, March 5, 2016; Fun begins at 6:00 pm Texas Motor Speedway— Need sponsorship, donor or ticket info? Contact WAF Executive Director Dr. Shelly Myers via email or at 817-490-5722. Town Cou nci I Item # 3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Cou nci I Item # 4 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minute from the December 14, 2015, meeting. b. Consider approval of Ordinance 764, Calling the May 7, 2016, General Election to elect a Mayor and two Council Members for two (2) year terms. c. Consider approval of Resolution 16-01, Approving an Interlocal Agreement with the City of Frisco for Fire Department Purchasing. d. Consider approval of Resolution 16-02, Authorizing the Town Manager to execute a contract with RJN, Inc. in the amount of $39,271.00 for flow monitoring of sanitary sewer lines. �� , � �� MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING December 14, 2015 PRESENT: Mayor Laura Wheat, Council Members, Michael Barrett, Alesa Belvedere, Carol Langdon, Rick Rennhack and Wayne Stoltenberg. ABSENT: OTHERS PRESENT: Town Manager Thomas Brymer, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Assistant Town Manager Amanda DeGan, Fire Chief Richard Whitten, Director of Public Works Jarrod Greenwood, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Director of Human Resources &Administrative Services Todd Wood, Director of Facilities and Parks & Recreation Troy Meyer, Communications Specialist Susan McFarland and Intern Joel Enders. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:12 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. Town Council Minutes 12/14/15 Page 1 of 9 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE DECEMBER 14, 2015, TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. EXECUTIVE SESSION The Council convened into executive session at 5:13 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners-Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. Section 551.087. Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 6:44 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. The Council took no action on this item. Town Council Minutes 12/14/15 Page 2 of 9 7. DISCUSSION ITEMS a. Presentation and Discussion regarding the status of developing a proposed Transfer of Development Rights Ordinance. Town Manager Brymer moved this item to the January meeting. b. Standing Item: Update and discussion regarding the Granada Development, including items posted on the regular session agenda. No additional discussion. c. Standing Item: Update and discussion regarding the Entrada Development, including items posted on the regular session agenda. Mrs. Mary Petty, Petty &Associates, Inc., provided a presentation and overview of the SAP budget adjustments and updates for the 2016 budget. Discussion ensued regarding the location of Wetlands, appropriate PID expenses and applying one line item savings to another line item. 8. COUNCIL RECAP / STAFF DIRECTION No additional discussion. 9. AD70URNMENT Mayor Wheat adjourned the work session at 6:53 p.m. Reuular Session 1. CALL TO ORDER Mayor called the regular session to order at 6:53 p.m. 2. ITEMS OF COMMUNITY INTEREST No additional discussion. Town Council Minutes 12/14/15 Page 3 of 9 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the November 16, 2015, meeting. b. Consider approval of Resolution 15-34, Establishing Regular Meeting Dates and Procedures; Setting the 2016 Meeting Dates of the Town Council and Board of Trustees. c. Consider approval of Ordinance 756, Amending Ordinance 642 to provide a contract extension and rate increase for Republic Services Contract for Solid Waste and Recycling. d. Consider approval of Ordinance 757, Amending and Establishing a New Water and Wastewater Rate and Fee Schedule, and repealing Ordinance 740. MOTION: Council Member Stoltenberg made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 758, ACCEPTING THE VOLUNTARY ANNEXATION OF PROPERTY LOCATED 2205 AND 2217 N. PEARSON LANE, A 5.28 ACRE TRACT OF LAND, MORE PARTICULARLY DESCRIBED AS TRACT I AND TRACT II BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271, PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS. Director Edwards provided a presentation and overview of the item and proposed property use. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 758. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 12/14/15 Page4of9 6. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard c. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices d. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Belvedere made a motion to approve Resolution 15-35, Approving amendment one of one to the development agreement with Maguire Partners-Solana Land, L.P. related to their development known as Entrada. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 12/14/15 Page 5 of 9 9. DISCUSSION AND CONSIDERATION FOR APPROVAL OF RESOLUTION 15-36, CONSENTING TO AND APPROVING THE PARTIAL ASSIGNMENT OF THE RIGHTS, COVENANTS, AND OBLIGATIONS OF THE PRIOR AGREEMENTS RELATED TO GRANADA PHASE II TO THE WILBOW-GRANADA DEVELOPMENT CORPORATION AND APPROVING A DEVELOPMENT AND SUBDIVISION IMPROVEMENT AGREEMENT WITH WILBOW-GRANADA DEVELOPMENT FOR GRANADA PHASE II. Town Manager Brymer provided a presentation and overview of the partial assignment. Mr. Larry Corson provided an overview of the proposed assignment agreement and additional responsibilities. Discussion ensued regarding the retention of Phase I custom home builders. MOTION: Council Member Stoltenberg made a motion to approve Resolution 15-36. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 10. DISCUSSION AND CONSIDERATION OF ORDINANCE 759, ADOPTING MASTER LANDSCAPE PLAN, PAVING PLAN, AND LIGHTING PLAN FOR THE DEVELOPMENT KNOW AS ENTRADA (PD1-2) LOCATED AT STATE HIGHWAY 114 AND FARM TO MARKET 1938. Town Manager Brymer provided a presentation and overview of the master landscaping, paving, and lighting plans. Discussion ensued regarding the landscaping configuration of the Solana-Davis corner in the development, public art opportunities, no funding for public art built into the SAP, and thoughts regarding the installation of authentic gas lamps. MOTION: Council Member Barrett made a motion to approve Ordinance 759. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. 11. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 760, APPROVING A ZONING CHANGE AMENDING THE PD 1-2 ZONING DISTRICT REGULATIONS CONTAINED IN ORDINANCE 703 TO INCLUDE DETAILED DESIGN GUIDELINES FOR THE DEVELOPMENT KNOWN AS ENTRADA LOCATED AT STATE HIGHWAY 114 AND FARM TO MARKET 1938/DAVIS BOULEVARD. Town Manager Brymer thanked both Milton Anderson and Robin McCaffrey, provided a presentation and overview of the zoning change. Mr. McCaffrey stated that the consistency with the archetype is important to the development providing continuity within the project. Town Council Minutes 12/14/15 Page6of9 Discussion ensued regarding Architect challenges throughout this process. Mayor Wheat continued the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 760. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. 12. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 761, APPROVING A FINAL PLAT OF THE PD 1-2 PLANNING AREA, SHOWN AS BLOCK A, LOTS 1-3X, BLOCK B, LOT 1, BLOCK M, LOTS 1-3, BLOCK N, LOTS 1-6X, AND BLOCK O, LOTS 1-3X, BEING A TOTAL OF 85.910 ACRES IN THE C.M. THROOP SURVEY, ABSTRACT NO. 1510, W. MEDLIN SURVEY, ABSTRACT NO. 1958, JOSEPH HENRY SURVEY, ABSTRACT NO. 742, AND WILLIAM H. PEA SURVEY, ABSTRACT NO. 1246, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS. Town Manager Brymer provided a presentation and overview of the Final Plat. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Ordinance 761. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. 13. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 762, APPROVING A PLANNED DEVELOPMENT SITE PLAN, INCLUDING BUILDING ELEVATIONS FOR A CVS PHARMACY, FOR A PORTION OF THE PD 1-2 PLANNING AREA, SHOWN AS AREA N, LOT 3 OF BLOCK N, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE ENTRADA DEVELOPMENT) ON THE FINAL PLAT. Town Manger Brymer provided a presentation and overview of the Site Plan. Discussion ensued regarding the installation of a dimmable signage and why islands were not installed in the parking areas for trees/landscaping. Town Council Minutes 12/14/15 Page7of9 Mayor Wheat continued the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 762. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. 14. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 763, APPROVING A PLANNED DEVELOPMENT SITE PLAN, INCLUDING BUILDING ELEVATIONS FOR A PRIMROSE SCHOOL, FOR A PORTION OF THE PD 1-2 PLANNING AREA, SHOWN AS BLOCK M, LOT 2 OF BLOCK M, GENERALLY LOCATED ON THE SOUTHWEST CORNER OF THE ENTRADA DEVELOPMENT ON THE FINAL PLAT. Town Manager Brymer provided a presentation and overview of the site plan. Robin provided an overview of the building and public site lines Discussion ensued regarding the how they attract business for the development. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 763. Council Member Rennhack seconded the motion. The motion carried by a vote of 5-0. 15. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF A ZONING CHANGE REQUEST TO AMEND THE PD 3-5 ZONING DISTRICT LOCATED AT STATE HIGHWAY 170 AND STATE HIGHWAY 114 ON A TRACT THAT IS A PORTION OF WHAT IS GENERALLY KNOWN AS THE CIRCLE T RANCH, BY DIVIDING SAID DISTRICT INTO TWO (2) SEPARATE PLANNING AREAS, TO BE IDENTIFIED AS PD3-5A AND PD3-5B, AND ADDING 186,000 SQUARE FEET OF OFFICE CAMPUS USE IN THE NEW PD3-5B PLANNING AREA. —APPLICANT HAS WITHDRAWN Mayor Wheat stated that the applicant had withdrawn their application. The Council took no action on this item. Town Council Minutes 12/14/15 Page8of9 16. CONDUCT A PUBLIC HEARING AND CONSIDERATION A ZONING CHANGE REQUEST TO AMEND THE PD 3-3 ZONING DISTRICT LOCATED ALONG DOVE AND OITINGER ROADS ON A TRACT THAT IS A PORTION OF WHAT IS GENERALLY KNOWN AS THE CIRCLE T RANCH, BY TRANSFERRING 186,000 SQUARE FEET OF OFFICE CAMPUS USE FROM PD3-3 TO THE NEW PD3-5B PLANNING AREA. —APPLICANT HAS WITHDRAWN Mayor Wheat stated that the applicant had withdrawn their application. The Council took no action on this item. 17. FUTURE AGENDA ITEMS No future agenda items presented for discussion. 18. AD70URNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 7:49 p.m. APPROVED BY THE TOWN COUNCIL ON 7ANUARY 25, 2016. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 12/14/15 Page 9 of 9 . ��y��.S�Y �'��. f f ��k��; estlake Town Council . �,�k ,�� -,,ti_��r.;r TYPE OF ACTiON Regular Meeting - Consent Westlake Town Council Meeting Monday, January 25, 2016 ToP[c: Consider an Ordinance Calling and Ordering the General Election an to be Held on May 7, 2016, for the purpose of Electing a Mayor and two (2) Council Members, in Accordance with the provisions of Section 23.023, Texas Local Government Code. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Obiective Exemplary Service&Governance Informed&Engaged -We set the standard by delivering Citizens/Sense of Citizen, Student& unparalleled municipal and Increase CSS Community Stakeholder educational services at the lowest Satisfaction cost. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 25, 2016 Completion Date: May 7, 2016 Funding Amount: $11,000 Status - � Funded Source - General Fund The amount may fluctuate based on the number of entities that conduct a joint election with Tarrant County. Denton County charges a flat fee due to the limited amount of registered voters in Denton County. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Texas Election Code §3.004,requires the governing body of a political subdivision to order a general election for the purpose of electing a Mayor and two (2) Council Members. As Page 1 of 2 outlined in the order, the term of office for the elected officials is two (2) years. (expiring May 2018) The Mayor and Council terms expire May 2016. Those terms represent Mayor Laura Wheat and Council Members Belvedere and Barrett seats. RECOMMENDATION AND ATTACHMENTS Staff recommends approval of the Ordinance call the May 7, 2016, General Election. ATTACHMENTS Ordinance Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. 764 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, CALLING AND ORDERING AN ELECTION FOR THE PURPOSE OF ELECTING A MAYOR AND TWO (2) COUNCIL MEMBERS TO BE HELD ON MAY 7, 2016, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 23.023, TEXAS LOCAL GOVERNMENT CODE; ESTABLISHING PROCEDURES FOR THE ELECTION; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the general election for the Town of Westlake as set forth by the Texas Election Code, is required to be held on May 7, 2016, for the purpose of election a Mayar and two (2) Council Members for two (2) year terms; and WHEREAS, in accordance with Section 271.002 of the Texas Election Code , the Town of Westlake election wil] be conducted jointly with other political subdivisions in Tarrant and Denton counties. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, THAT: SECTION 1: Election Order for General Election. That an election is hereby ordered to be held on the 7th day of May 2016, the first Saturday of that month, for the purpose of electing a Mayor and two (2) Council Members for two (2) year terms, in accordance with Section 23.023 of the TeXas Local Government Code. SECTION 2: Polling Place. The polling places and the county elections precincts whose qualified voters shall cast ballots at such location as determined per the Joint Election Agreement and Contract for Elections Services with the Tarrant and Denton County Election Administrators. The polls shall be open from 7:00 a.m. to 7:00 p.m. on May 7, 2016, in accordance with and pursuant to the requirements of the TeXas Election Code (the "Code"). SECTION 3: Filing Dates. In accordance with Section 143.007 of the Code, eligible persons wishing to become candidates must file an application with the Town Secretary of the Town of Westlake, Texas, beginning on 20th day of January through the 19th day of February 2016, until 5:00 o'clock p.m. Each application shall be on a form meeting the requirements of the Code. SECTION 4: Combined Ballots. Combined ballots may be utilized containing all of the offices and propositions to be voted on at each polling place,provided that no voter shall be given a ballot or permitted to vote for any office or proposition on which the voter is ineligible to vote. The County's voting equipment will be utilized for this election. Ordinance 764 Page 1 of 4 SECTION 5: Early Voting. Early Voting by personal appearance shall be conducted at the County's Main Early Voting location; Residents livin�-in Tarrant County Tarrant County Elections Center 2700 Premier Street Fort Worth, Texas 76111 Residents living in Denton County Denton County Elections 701 Kimberly Drive, Suite A101 Denton, Texas 76208 and branch offices for early voting by personal appearance shall be established as outlined in the Election Agreement and Contract for Election Services with Tarrant and Denton County. Frank Phillips, Tarrant County Elections Administrator, Lannie Noble, Denton County Election Administrator, are hereby appointed as the Early Voting Clerk and can appoint the necessary deputy clerks as required for early voting. In accordance with Section 85.001 of the Texas Election Code, early voting by personal appearance shall be as set forth below: Tarrant Count,y Early Voting April 25-29 (Monday-Friday) 8:00 a.m. - 5:00 p.m. April 30 (Saturday) 7:00 a.m. —7:00 p.m. May 1 (Sunday) 11:00 a.m.—4:00 p.m. May 2-3 (Monday—Tuesday) 7:00 a.m. —7:00 p.m. Denton County Early Voting April 25 —April 30 (Monday— Saturday) 8:00 a.m. - 5:00 p.m. May 2—May 3 (Monday—Tuesday) 7:00 am. - 7:00 p.m. Applications for a Ballot by Mail may be submitted between January 1, 2016 and April 26, 2016 by mail, fax or email to: Early Voting Clerk PO Box 961011 Fort Worth TX 76161-0011 SECTION 6: Notice. Notice of said elections shall be given as required by the TeXas Election Code. Ordinance 764 Page 2 of 4 SECTION 7: Election Officials. The election judge, alternate election judge, and ballot board will be appointed by the Tarrant and Denton County Elections Administrator, as permitted by law. The presiding judge shall appoint elections clerks as may be necessary for the proper conduct of the election. The election judge or the alternate election judge in the absence of the election judge, and the election clerks shall constitute the early voting ballot board. The election judge, and alternate election judge, and election clerks shall be qualified voters of the Town. SECTION 8: Election Results. That the candidate for Mayor and two (2) candidates for Council who receive the highest number of votes shall be elected to two (2) year terms; and The Mayor shall deliver a certificate of election to the successful candidates. In the event of a tie, the tied candidates shall cast lots to determine which one shall be declared elected. SECTION 9: Governing Law. The election shall be held in accordance with the Constitution of the State of Texas and the Texas Election Code, and all resident qualified voters of the Town shall be eligible to vote at the election. SECTION 10: Submission to the United States Justice Department. The Town Secretary of the Town of Westlake, Texas, or the Town Attorney, is authorized to make such submissions as are necessary to the United States Justice Department to seek pre-clearance as required by law. SECTION 11: Necessary Actions. The Mayor and the Town Secretary, in consultation with the Town Attorney, are authorized and directed to take all actions necessary to comply with the provisions of the Texas Election Code, and the Town Code in carrying out and conducting the election, whether or not expressly authorized by this Order. SECTION 12: Severability Clause. It is hereby declared to be the intention of the Town Council that the sections,paragraphs, sentences, clauses and phrases of this order are severable and if any phrase, clause, sentence, paragraph, or section shall be declared invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such invalidity or unconstitutionality shal] not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this order, since the same would have been enacted by the Town Council without the incorporation in this order of any such invalid or unconstitutional phrase, clause, sentence,paragraph or section. Ordinance 764 Page 3 of 4 SECTION 13: Effective Date. This order shall be effective upon its adoption. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 25t" DAY OF JANUARY 2016. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 764 Page 4 of 4 . ��y��.S�Y �'��. f f ��k��; estlake Town Council . �,�k ,�� -,,ti_��r.;r TYPE OF ACTiON Regular Meeting - Consent Westlake Town Council Meeting Monday, January 25, 2016 ToPIc: Consider approval of a Resolution Authorizing Town Manager to enter into Interlocal Agreement for Fire Department Purchasing. STAFF CONTACT: Richard Whitten, Fire Chief Strategic Alignment Vision, Value, Mission Perspective Strate�ic Theme & Results Outcome Obiective Exemplary Service&Governance -We set the standard by delivering Increase Financial Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Capacity/Reserves educational services at the lowest cost. Strategic Initiative Outside the Scopc of Identified Strategic Initiatives Time Line - Start Date: January 25, 2016 Completion Date: N/A Funding Amount: $0.00 Status - � N/A Source - General Fund EXECUTiVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The implementation of this document replaces a previous uniform purchasing cooperative agreement, which allows the fire department to make uniform purchases at discounted prices. RECOMMENDATION Staff recommends the authorization of this Interlocal Agreement with the City of Frisco, Texas. ATTACHMENTS Exhibit A: ILA City of Frisco Cooperative Bid#1405-067 Fire Department Uniforms with Red the Uniform Tailor. TOWN OF WESTLAKE RESOLUTION NO. 16-01 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN INTERLOCAL AGREEMENT WITH THE CITY OF FRISCO, TEXAS FOR PURCHASING FIRE DEPARTMENT UNIFORMS THROUGH COOPERATIVE BID# 1405-067 AWARDED TO RED THE UNIFORM TAILOR. WHEREAS, the City of Frisco and Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the City of Frisco and Westlake wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which City of Frisco and Westlake may purchase various goods and services commonly utilized by each party; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorparated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to enter into the interlocal agreement, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 16-01 Page 1 of 5 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25t" DAY OF JANUARY 2016. ATTEST: Laura L. Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 16-01 Page2of5 EXHIBIT "A" INTERLOCAL AGREEMENT This Interlocal Agreement ("Agreement") is made and entered into this 25th day of January, 2016, by and between the CITY OF FRISCO, Texas (hereinafter called "CITY OF FRISCO"), and the TOWN OF WESTLAKE, Texas (hereinafter called "WESTLAKE"), each acting by and through its duly authorized officials: WHEREAS, CITY OF FRISCO and WESTLAKE are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; WHEREAS, CITY OF FRISCO and WESTLAKE wish to enter into this Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which CITY OF FRISCO and WESTLAKE may purchase various goods and services commonly utilized by each party; WHEREAS, participation in an interlocal agreement will be highly beneficial to the taxpayers of CITY OF FRISCO and WESTLAKE through the anticipated savings to be realized and is of mutual concern to the contracting parties; WHEREAS, CITY OF FRISCO and WESTLAKE have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; CITY OF FRISCO and WESTLAKE agree as follows: 1. CITY OF FRISCO and WESTLAKE may cooperate in the purchase of various goods and services commonly utilized by the participants, where available and applicable, and may purchase goods and services from vendors under present and future contracts. 2. CITY OF FRISCO and WESTLAKE shall each be individually responsible for payments directly to the vendor and for the vendor's compliance with all conditions of delivery and quality of purchased items under such contracts. CITY OF FRISCO and WESTLAKE shall each make their respective payments from current revenues available to the paying party. 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other participating party(ies). Resolution 16-01 Page 3 of 5 4. The undersigned officer and/or agents of the party(ies) hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 5. This Agreement may be executed separately by the participating entities, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. This Agreement shall become effective on the day and year first written above (the "Effective Date"). The primary term of this Agreement shall be for one (1) year, commencing on the Effective Date and terminating on November 1, 2016, and shall thereafter automatically renew for successive one-year terms, unless terminated according to the terms set forth in Paragraph 3. 7. To the extent allowed by law, each party agrees to release, defend, indemnify, and hold harmless the other (and its officers, agents, and employees) from and against all claims or causes of action for injuries (including death), property damages (including loss of use), and any other losses, demands, suits, judgments and costs, including reasonable attorneys' fees and expenses, in any way arising out of, related to, or resulting from its performance under this agreement, or caused by its negligent acts or omissions (or those of its respective officers, agents, employees, or any other third parties for whom it is legally responsible) in connection with perForming this agreement. 8 The laws of the State of Texas shall govern the interpretation, validity, performance and enforcement of this Agreement. 9. The provisions of this Agreement are severable. If any paragraph, section, subdivision, sentence, clause, or phrase of this Agreement is for any reason held by a court of competent jurisdiction to be contrary to law or contrary to any rule or regulation having the force and effect of the law, the remaining portions of the Agreement shall be enforced as if the invalid provision had never been included. 10. This Agreement embodies the entire agreement between the parties and may only be modified in writing executed by both parties. 11. This Agreement shall be binding upon the parties hereto, their successors, heirs, personal representatives and assigns. Neither party will assign or transfer an interest in this Agreement without the written consent of the other party. 12. It is expressly understood and agreed that, in the execution of this Agreement, neither party waives, nor shall be deemed hereby to have waived any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied Resolution 16-01 Page4of5 other that those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. 13. The declarations, determinations and findings declared, made and found in the preamble to this Agreement are hereby adopted, restated and made part of the operative provisions hereof. EXECUTED hereto on the day and year first above written. CITY OF FRISCO CITY OF WESTLAKE George Purefoy By: Thomas E. Brymer City Manager Town Manager STATE OF TEXAS § COUNTY OF COLLIN § This instrument was acknowledged before me on the day of , 2016, by George Purefoy, City Manager of the CITY OF FRISCO, TEXAS, a home-rule municipal corporation, on behalf of such corporation. Notary Public in and for the State of Texas STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 2016, by Thomas E. Brymer, Town Manaqer of the TOWN OF WESTLAKE, TEXAS, a Type A General Law city, on behalf of such corporation. Notary Public in and for the State of Texas Resolution 16-01 Page 5 of 5 . ��y��.S�Y �'��. f f ��k��; estlake Town Council . �,�k ,�� -,,ti_��r.;r TYPE OF ACTiON Regular Meeting - Consent Westlake Town Council Meeting Monday, January 25, 2016 ToP[c: Consider a resolution authorizing the Town Manager to execute a contract with RJN, Inc. in the amount of$39,271.00 for flow monitoring of sanitary sewer lines. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective Exemplary Service&Governance People,Facilities, & -We set the standard by delivering Improve Technology, Fiscal Responsibility Technology unparalleled municipal and Faciliries& educarional services at the lowest Equipment cost. Strategic Initiative Contract with Qualified Consultants Time Line - Start Date: January 25, 2016 Completion Date: June 1, 2016 Funding Amount: $39,271 Status - � Funded Source - Capital Projects Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATiONAL HISTORY) A portion of Westlake's and Southlake's sanitary sewer flows into a sewer line referred to as the "N-1 Sewer Line" and is jointly owned by Westlake and Southlake. The operation and maintenance costs are shared based on an inter-local agreement from July 1999. Westlake's proportional costs are directly related to the 48.5 % ownership of the sewer line's capacity. Westlake and Southlake have been working with TRA to assume ownership of the sewer line for several years. As a condition of the transfer, TRA requested an inspection and detailed engineering analysis of the N-1 sewer line. Westlake and Southlake jointly retained an engineering firm, RJN, Inc. to provide an engineering analysis of the N-1 sewer line in 2006. The RJN report indicated a significant amount of inflow and infiltration was entering the sanitary sewer system through damaged or defective manholes, clean outs, and pipes. This is undesirable storm water runoff that enters the sanitary sewer system that we have to pay for. This finding necessitated additional inspection and analysis which resulted in repair worlc Council awarded a contract for in 2012 and completed in 2013. TRA requested that a follow up analysis be completed to validate the reduction in storm water infiltration; however the testing requires an extended amount of rain periods to determine the amount of wet weather flows. Unfortunately the extended drought conditions made wet weather monitoring impossible. Now that we are experiencing a strong El Nino, this will increase our chances of obtaining valuable data. Funding for the proposed flow monitoring is included in the N-1 CIP. RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution 16-XX Proposed contract with RJN, Inc. TOWN OF WESTLAKE RESOLUTION NO. 16-02 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH RJN GROUP, INC., FOR FLOW MONITORING SERVICE OF SANITARY SEWER AT A COST OF APPROXIMATELY $39,271; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the owns 48.5 % of the flow capacity in the N-1 sewer line; and WHEREAS, the Town of Westlake and City of Southlake have been working with the trinity River Authority to assume the N-1 sewer line; and WHEREAS, Westlake desires to work with the City of Southlake to transfer ownership of the N-1 sewer line to the Trinity River Authority; and WHEREAS, the transfer to TRA is contingent upon a satisfactorily reducing Westlake's collection system contributing to increased groundwater intrusion; and WHEREAS, the Town Council finds that the proposed additional analysis provides sound infrastructure maintenance and planning; and WHEREAS, the Town Council finds that the proposed sewer line flow monitaring is necessary for the transfer; and WHEREAS, the cost for the flow analysis is included in the adopted FY 2015/2016 budget; and WHEREAS, the Town Council finds that the proposed additional analysis benefits the public and is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with RJN Group, Inc., for Engineering Services, attached as Exhibit "A", and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid Resolution 16-02 Page 1 of 9 by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25t" DAY OF JANUARY, 2016. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 16-02 Page 2 of 9 EXHIBIT "A" AGREEMENT BETWEEN TOWN OF WESTLAKE, TEXAS AND RJN GROUP, INC THIS AGREEMENT made this day of 2016 by and between the TOWN of WESTLAKE, TEXAS, hereinafter called TOWN and RJN GROUP,INC., with an office in Dallas, Texas hereinafter called ENGINEER. WHEREAS, the Town of Westlake, Texas hereinafter hereby engages the ENGINEER, to perform professional services to provide Sewer Flow Monitaring service within the wastewater collection system of the Town. WHEREAS, the ENGINEER desires to perform such services to the TOWN in accordance with the terms and conditions of the AGREEMENT. NOW, THEREFORE, in consideration of the above recitals, the mutual promises and covenants hereinafter set forth,the parties hereto agree as follows: Section I -Basic Services of ENGINEER The specific services which the ENGINEER agrees to furnish are as indicated in the Attachment A "Scope of Services" which is hereby incorporated by reference and made part of this AGREEMENT. Changes in the indicated Scope of Services shall be subject to renegotiation and implemented through an Amendment of this AGREEMENT. Section II-Future Services of ENGINEER The ENGINEER is available to furnish and perform, under an Amendment or a separately negotiated agreement, future services to supplement this wark. Resolution 16-02 Page 3 of 9 Section III- Schedule of Services A. Completion Time For those services described in Section I, the ENGINEER shall make every reasonable effort to schedule manpower and service elements in a diligent inanner. It is recognized by both parties that actions of regulatory agencies and/or others may affect the final project schedule. The services described shall be performed as weather and other physical conditions permit. The ENGINEER shall not be liable to the TOWN, if delayed in, or prevented from performing the work as specified herein through any cause or causes beyond the control of the ENGINEER and not caused by his own fault or negligence. Attachment B "Schedule of Services" is hereby incorporated by reference and made part of this AGREEMENT. Section N-Payment for Services Payment to the ENGINEER shall be made as follows: A. Payment for Services The TOWN recognizes that time is of the essence with respect to payment of the ENGINEER's invoices, and that timely payment is a material part of the consideration of this AGREEMENT. Payment for services rendered shall be made to the ENGINEER at the end of each month's billing cycle upon presentation of the ENGINEER's inonthly statement. ENGINEER will provide to the TOWN a detailed statement of tasks by classification and reimbursement expenses. Total payment shall not exceed aforestated amounts without prior authorization by the TOWN. If the TOWN objects to all or any portion of an invoice, the TOVVN shall so notify the ENGINEER within ten(10) calendar days of the invoice date, identify the cause of disagreement, and pay when due that portion of the invoice, if any, not in dispute. TOWN has the right to appeal or ask for clarification of any ENGINEER's billing within ten (10) days of date of billing. Until said appeal is resolved, or clarification is issued, no interest will accrue. The TOWN shall exercise reasonableness in contesting any invoice ar portion thereof. Section V- Services to be Provided by the TOWN A. Authorization to Proceed The TOWN shall authorize the ENGINEER to proceed prior to the ENGINEER starting work. B. Access to Facilities and Property The TOWN shall make its system facilities and properties available and accessible for inspection by ENGINEER and arrange for access to make all provisions for the ENGINEER to enter upon public property as required for the ENGINEER to perform his services. Resolution 16-02 Page 4 of 9 C. Prompt Notice The TOWN shall give prompt written notice to ENGINEER whenever TOWN observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services, ar any defect in the service or work of the ENGINEER or Contractors in order that the ENGINEER may take prompt, effective measures, which in the ENGINEER's opinion, will minimized the consequences of a defect. D. Compensation of a Cost Not to Exceed For basic services, as enumerated in Section I, the TOWN shall pay the ENGINEER a maximum not to exceed cost of $32,776.00. Payments as described hereinafter shall represent full compensation to the ENGINEER for all payroll costs, expenses, current overhead, profit, and all other costs in connection with the performance of these services. The ENGINEER, if requested, shall provide documentation to the TOWN of all costs in connection with the performance of these services, and as further described in Attachment C. E. Changes of Scope In the event additional services are required through changes in the scope of the Project, or other unusual or unforeseen circumstances are encountered, ar for other consulting services, ENGINEER shall, upon written authorization by the TOWN, perform the additional services as mutually agreed by both parties by supplemental agreement. If renegotiated terms cannot be agreed to, the TOWN agrees that the ENGINEER has an absolute right to terminate the AGREEMENT. Section VI-Construction Cost and Opinions of Cost A. The ENGINEER shall submit to the TOWN an opinion of the probable cost required to construct work recommended, designed, or specified by the ENGINEER. The ENGINEER is not a construction cost estiinator or construction contractor, nor should the ENGINEER's act of rendering an opinion of probable construction costs be considered equivalent to the nature and extent of service a construction cost estimator or construction contractor would provide. The ENGINEER's opinion will be based solely upon its own experience with construction. This requires the ENGINEER to make a number of assumptions as to actual conditions that will be encountered on site; the specific decisions of other design professionals engaged; the means and methods of construction the contractor will employ; the cost and extent of labor, equipment and materials the contractor will employ; contractor's techniques in determining prices and market conditions at the time, and other factors over which the ENGINEER has no controL Given the assumptions which must be made, the ENGINEER cannot guarantee the accuracy of its opinions of cost, and, in recognirion of that fact, the TOWN waives any claiin against the ENGINEER relative to the accuracy of the ENGINEER's opinion of probable construction cost. If prior to the Bidding or Negotiation Phase, TOWN wishes greater assurance as to Total Project or Construction Costs, TOWN shall employ an independent cost estimator. Resolution 16-02 Page 5 of 9 Section VII- General Considerations A. Standard of Practice Services performed by the ENGINEER under this AGREEMENT will be conducted in a manner consistent with that level of care and skill ordinarily exercised by members of the profession currently practicing in the same locality under similar conditions. No other representation, expressed ar implied, and no warranty or guarantee is included or intended in this AGREEMENT, or in any report, opinion, document or otherwise. B. Survival All obligations arising prior to the termination of this AGREEMENT and all provisions of this AGREEMENT allocating responsibility or liability between the TOWN and the ENGINEER shall survive the completion of the services hereunder and the termination of this AGREEMENT. C. Ownership of Instruments of Service All reports, plans, specificafions, field data, field notes, laboratory test data, calculations, estimates and other documents prepared by the ENGINEER as instruments of service shall remain the property of the TOWN. The ENGINEER shall retain these records for a period of five (5) years following submission of his ar her report, d'uring which period they will be made available to the TOWN at all reasonable times. If the TOWN wishes the ENGINEER to retain documents for a longer period of time, the TOWN shall so specify in advance, in writing, and shall pay in a timely manner all charges agreed to for the ENGINEER's maintenance of such documents beyond the time period otherwise prevailing. D. Reuse of Documents All documents including Drawings and Specifications prepared or furnished by the ENGINEER (and ENGINEER's independent professional associates and consultants) pursuant to this AGREEMENT are instruments of service in respect of the Project and ENGINEER shall retain an interest therein whether or not the Project is completed. TOWN may make and retain copies for information and reference in connection with the use and occupancy of the Project or on any other project. Any reuse without written verification or adaptation by ENGINEER for the specific purpose intended will be at TOWN's sole risk and without liability or legal exposure to ENGINEER's independent professional associates or consultants, and TOWN shall indemnify and hold harmless ENGINEER and ENGINEER's independent professional associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising from or resulting therefrom. Any such verification or adaptation will entitle ENGINEER to further compensation at rates to be agreed upon by TOWN and ENGINEER. E. Termination of Services This AGREEMENT may be terminated in whole or part in writing by either party in the event of substantial failure by the other party to fulfill its obligations under this AGREEMENT through no fault of the terminating party. Such termination may not be effected unless the other party is given not less than 10 days written notice (delivered by certified mail,return receipt requested) of intent to terminate and an opportunity for consultation with the terminating party and 10 days to cure such substantial failure. Irrespective of which party shall effect termination or the cause therefore,the TOWN shall within Resolution 16-02 Page 6 of 9 forty-five (45) calendar days of termination remunerate the ENGINEER for services rendered and costs incurred, in accordance with the ENGINEER's prevailing fee schedule and expense reimbursement policy. Service shall include those rendered to the time of termination, as well as those associated with termination itself, such as demobilizing, modifying schedules, reassigning personnel, and so on. Costs shall include those incurred to the time of termination, as well as those associated with tennination and post-termination activities. Such costs shall not include payments to third parties engaged by the ENGINEER for services not yet performed. The TOWN may terminate this AGREEMENT with or without cause or reason. Upon receipt of a notice of termination from TOWN, the ENGINEER shall promptly discontinue all services affected (unless the notice directs otherwise) and deliver or otherwise malce available to the TOWN (subject to "Reuse of Documents" provisions) all data, drawings, specifications, reports, estimates, summaries, and other information and materials accumulated by the ENGINEER in performing this AGREEMENT, whether completed ar in progress. F. Controllin�Law and Disputes If any of the provisions of this AGREEMENT are invalid under any applicable statute or rule of law, they are, to that extent, deemed omitted. However, the TOWN and the ENGINEER will in good faith atteinpt to replace an invalid or unenforceable provision with one that is valid and enforceable, and which comes as close as possible to expressing or achieving the intent of the original provision. This AGREEMENT shall be governed by the laws of the State of Arkansas Pulaski County. The parties agree that they shall reasonably attempt to resolve any disputes regarding the interpretation of this AGREEMENT by informal negotiation, the final resolution of which disputes shall require the agreement of both parties. G. Successors and Assigns The TOWN and the ENGINEER each binds itself and its partners, successors, executors, administrators, assigns and legal representatives to the other party to this AGREEMENT and to the partners, successors, executors, administrators, assigns and legal representatives of such other party, in respect to all covenants, agreements, and obligations of this AGREEMENT. Neither the TOWN nor the ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are due) this AGREEMENT without the written consent of the other. Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assigner from any duty or responsibility under this AGREEMENT. Nothing contained in this paragraph shall prevent the ENGINEER from employing such independent consultants, associates, and subcontractors as it may deem appropriate to assist it in the performance of services hereunder. The ENGINEER's use of others for additional services shall not be unreasonably restricted by the TOWN provided the ENGINEER notifies the TOWN in advance. Nothing herein shall be construed to give any rights or benefits hereunder to anyone other than the TOWN and the ENGINEER, and all duties and responsibilities undertaken herein will be for the sole and exclusive benefit of the TOWN and the ENGINEER and not for the benefit of any other party. H. Dis�ute Resolution All claims, disputes or controversies arising from, or in relation to, the interpretation, application or enforcement of this AGREEMENT shall be decided through mediation or arbitration Resolution 16-02 Page 7 of 9 whichever is mutually agreed upon by TOWN and ENGINEER. L Insurance During the course of performance of these services, RJN GROUP, INC. will maintain the following minimum insurance coverages: Tvne of Covera�e Limits of Liabilitv Workers' Compensation Statutory Employers' Liability $500,000 Each Accident Commercial General Liability Bodily Injury and $1,000,000 Combined Single Limit Property Damage Automobile Liabiliry: Bodily Injury and $1,000,000 Combined Single Limit Property Damage Professional Liability Insurance $1,000,000 Each Claim Resolution 16-02 Page 8 of 9 IN WITNESS THEREOF, the parties hereto have caused this AGREEMENT to be executed this day of , 2016. For the TOWN: Thomas E. Brymer, Town Manager ATTEST: For the ENGTNEER: Kelly Edwards, Town Secretary RJN GROUP, INC. Name Senior Vice President Title ATTEST: Attachment A— Scope of Services Attachment B— Schedule of Services Attachment C—Compensation Attachment D—Flow Monitoring M�ap Resolution 16-02 Page 9 of 9 PROPOSAL FOR ENGINEERING SERVICES SANITARY SEWER FLOW MONITORING ATTACHMENT A SCOPE OF SERVICES A. SCOPE OF SERVICES The Services to be provided under this PROPOSAL shall consist of Sanitary Sewer Flow Monitoring and Infiltration and Inflow (UI) Analysis and report to complement the City's CMOM efforts. Flow Monitorin� A.1.1 Project Administration The Engineer shall coordinate the overall work of the project to include all field inspections and engineering analysis. The Engineer shall provide monthly progress reports that will show the percent completion of each task. A bi-monthly progress meeting with the City' Representative will be conducted. A.1.2 Field Verification Prior to beginning the flow monitaring project, the Engineer will verify sewer]ine interconnectivity and sewer flow direction at various locations across the collection system to confirm proposed sewer shed delineations and understand impact of the sewers upstream of proposed flow monitoring locations. The Engineer shall conduct field investigations to verify the suitability of each potential monitoring location. A.1.3 Flow Monitoring Services Prior to installing flow monitors, the Engineer will develop a flow monitoring plan. The flow monitoring plan will include the preliminary monitoring sites selected from a review of the City's existing sewer maps. These sites will be based on a distribution of approximately 30,000 to 60,000 linear feet per flow monitor. Special attention areas or split flow conditions may require additional flow monitors. Potential flow monitoring sites will be identified with consideration given to basin size, evidence of surcharging, overflow locations, projected maintenance activities, and other factors. Potential and alternate sites will be inspected and the site hydraulics evaluated. The Engineer shall conduct field investigations to verify the suitability of each potential monitoring location. The field investigations will verify sewer line interconnectivity and sewer flow direction in various loca�ions across the collection system and in the proposed meter locations. The Engineer shall prepare a site investigation sheet for each selected Attachment A Page 1 of 3 Res 16-02 site and shall submit to the City' Representative. After approval of the recommended sites, the Engineer shall install and maintain the meters for a 60-day period. The Engineer shall also select rain gauge monitoring sites and install continuous recording rain gauges. Flow monitoring will be performed utilizing up to 4 ADS or equal monitors capable of measuring both depth and velocity of flow. A total of 1 tipping bucket rain gauges will be used for the study. The tipping bucket gauges will be installed to obtain rainfall distribution data. A.1.4 Flow Data Management During the flow monitoring study, flow data will be continually reviewed and analyzed in order to assess the accuracy and quality of the data. A.1.5 Flow Data Analysis A.1.5.1 Rainfall Relationship Adequate rainfall will be necessary to establish the relationship between peak inflow and rainfall intensity. This relationship will be used to determine the impact on the collection system during wet weather and high groundwater conditions. A correlation of flow and rainfall intensity will be made using the area-coefficient method of analysis. It is anticipated that a minimum of three storm events that do not cause surcharging of the collection system will be recorded during the 60-day monitoring period. Data from the continuously recording rainfall gauges will be used to establish the intensity of rainfall and duration for each storm event. The Thiessen Method far rainfall distribution analysis will be used. For each monitoring site, data developed as part of the analysis will include: - Average Dry Weather Diurnal Curve Flows for weekdays and weekends - Rainfall/Wet Weather Wastewater Flow Correlations for selected storm events during the monitoring period - Design peak inflow rate at the design storm event - Capacity analysis at the monitoring sites A.1.5.2 Based on the flow data analysis the various basins will be ranked according to their inflow contribution and infiltration contribution. The I&I ratings shall be used to develop a prioritization for each basin. Using the various rankings, the ENGINEER shall provide the CITY'S REPRESENTATIVE with a recommendation for the basins in which to perform SSES activities. Attachment A Page 2 of 3 Res 16-02 A.1.5.3 Incorporate flow analysis and flow projections will be summarized in Technical Memorandum (TM-lA) and submitted to the CITY'S REPRESENTATIVE for review. --END-- Attachment A Page 3 of 3 Res 16-02 PROPOSAL FOR ENGINEERING SERVICES SANITARY SEWER FLOW MONITORING ATTACHMENT B In signing this Agreement, the TOWN grants ENGINEER specific authorization to proceed under this Agreement. The Schedule for the Flow Monitoring Services will be coordinated with the Town. A site investigation will be performed on each proposed meter site to determine if each site is hydraulically and structurally suitable for installation of a meter. The site investigation and meter installation may take up to 4 days. The proposed monitoring duration is 60 days. The I/I analysis and Report will be completed approximately 3-6 weeks after the termination of the monitoring period. The TOWN will be kept informed if the schedule is subject to change. ENGINEER shall submit a detailed project schedule within two (2)weeks of the Notice to Proceed,which shall be made part of this agreement. 1 Res 16-02 PROPOSAL FOR ENGINEERING SERVICES SANITARY SEWER FLOW MONITORING ATTACHMENT C In consideration of the services to be performed under this Agreement, ENGINEER shall be paid as per the following compensation schedule: Note: Price based on using 4 Flow Meters: TASK � UNITS RATE TOTAL Management and Supervision 1 Lump Sum $4,960 $4,960 Flow Meter Investigation / Installation 4 Meters $1,289 $5,156 Rain Gauge Investigation / Installation 1 Gauge(s) $549 $549 Flow Monitoring Period 240 Meter-Days $81 $19,440 RG Monitoring Period 60 Gauge-Days $28 $1,706 I/I Analysis and Report 1 Lump Sum $7,460 $7,460 Grand Total = $39,271 Note: If only 3 meters are required, the following compensation schedule is applicable: TASK � UNITS RATE TOTAL Management and Supervision 1 Lump Sum $4,868 $4,868 Flow Meter Investigation/ Installation 3 Meters $1,289 $3,867 Rain Gauge Investigation/ Installation 1 Gauge(s) $549 $549 Flow Monitoring Period 180 Meter-Days $81 $14,580 RG Monitoring Period 60 Gauge-Days $28 $1,706 I/I Analysis and Report 1 Lump Sum $7,206 $7,206 Grand Total = $32,776 1 Res 16-02 I CITY t� F SOUTHLAKE f TQWN OF WESTLAKE N - '1 INTERCEPTOR , .. - . ; �� L , . , : �. �.3 2 � '.� `� b� �� - -'.:`x ..,� -r.� rte'PA' �tF�s � -. � � . � � t t i *:: i� .-,s t rY � -_ � �7�. r- . .. ��,� �-. � �� j � F.;�-� �'�' � ...i ��'m � � �c �1�;�1` E �.� 1 y..,']+ ' - F� i' s � � ; y4,:�� '�4.`�,a`�F: '�' - �t � � °�• �,..f.�� ad.�� ` I �� - �ri�:z�� i i_� �_ �ai '��aodl�t.- . �i�.,�{ ' �� 't � �.,a�. k }�.� ti �t'�;�4�+ i 6 � ��'d C��,�_.it f - _ �.^ �� ... 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G `►s�a l a� � �[ /� . -+�1,;"['3��-� � .f °' 4• - - .. - r - �-' �.- �'.. - �. !,• - • ; • .--.;. -�-.. �� _. ,,,�- � . _.s. ..��'� �' r.'��( ••s,°rr �; srE-,i`, r '�y�� .f1'1-� �,.� � , ��' �� .��5� C[ t "�� . ��.• I r' ( t •'� '� �r - ' q �''' .:��..C� �ti: ��. ��' �/ � L�� i •� S, .i e�._ r�r r 4.�� d t r� •,(�-,�E![ -i 1'��`� e� i #'-• F� �,� .1� r �� -♦ i'- v �i �i,�?'- .Y.��. �.,�.T��. ..v . ��'�� '! ��5��•'rA� ,� � �•3,��`'�- t! �.�. ��._ �3�' ��e �s�t� t �t l-F 4v�f 3 `� b t 1� "�� .�[ 5 �(t� I _ _ ; i LEGEND �"'117 iT�'��l�� SEV1fER LINE • M�T�ft 51TE a•�-e CITY BOUNDARY J*'�: c.. �,` •,' ; ",�, ° C� 5TR11CTlJRE � RAIN GAUGE SITE N- 1 !N T�R C E P T 0 R Res 16-02 Town Cou nci I Item # 5 — Executive Session EXECUTIVE SESSION a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Project Lynx e. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites Town Cou nci I Item # 6 — Reconvene Council Meeting Town Cou nci I Item # 7 — Necessary Action NECESSARY ACTION a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Maguire Partners- Solana Land, L.P., related to Centurion's development known as Entrada and Granada c. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Hillwood Properties: Project Blizzard d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1). Project Lynx e. Section 551.072 to deliberate the purchase, exchange, lease of value of real property regarding Town Hall offices f. Section 551.072 to deliberate the purchase, exchange, lease, or value of real property regarding possible fire station sites �"'�'`��'a. ,,��•r'', �.� s '�� ; • ?k�f r� estlake Town Council � ` � � � � � TYPE OF ACTION ��. r : �'��''� �� Regular Meeting - Action Item Monday, January 25, 2016 ToP�c: Conduct a Public Hearing and Consider an Ordinance Approving a Zoning Request from Non-Zoned to R-5 "Country Residential District" for Two Newly Annexed Tracts of Land Commonly Known as 2205 and 2217 Pearson Lane, 5.28 Acres in Total. STa��CoN'raCT: Eddie Edwards, Director of Planning and Development Strate�ic Alignment Vision, Value, Mission Perspective Strate�ic Theme & Results Outcome Obiective Mission: Westlake is a unique community blending preservation of our natural environment and High Quality Planning,Design& Development-We are a desirable vicwscapes,while serving Citizen, Student& �,ell planned,high-quality Preservc Desirability our residents and busincsess Stakeholder community that is distinguished by &Quality of Life with superior municipal and academic services that are exemplary design standards. accessible, efficient,cost- effective, &transparent. Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: January 4, 2016 Completion Date: January 25, 2016 Funding Amount: 00.00 Status - � Not Funded Source- N/A EXECUTIVE SUMMARY (INCLWING APPLICABLE ORGANIZATIONAL HISTORY) This property, located along the east side of Pearson Road, was voluntarily annexed by the Town at the December 14, 2015 Council meeting. Per Chapter 102, Section 102-37 of the Westlake Code of Ordinances, the Town must zone the annexed property at the time of or directly following anneXation (within 60 days). The property is surrounded on three sides by Country Residential District (R-5) zoned property within the Town of Westlake and the applicant's zoning application requests that this property be zoned R-5 as well. Chapter 102 of the Code of Ordinances defines the R-5 district as "single- family dwellings on lots measuring a minimum of five acres (217,800 square feet) excluding all required public dedications, including but not limited to rights-of-way,parks, and open spaces. Country residential districts are intended to provide an opportunity for rural character residential development." The applicant purchased this property with plans to ultimately construct an estate home. This intended use comports with the Land Use Plan element of the Comprehensive Plan, which defines the area surrounding this property as Pastoral Community, a use that stresses "compatibility with existing high-end residential development" and lots "generally an acre or larger." Annexation and rezoning of this property will also help mitigate home value encroachment, a major objective identified in the Housing Plan element of the Comprehensive Plan. The applicant has removed the buildings used for kennel operations, leaving only two single- family dwellings on the property. These two homes will be used as rental properties until both parcels are platted into a single 5.28 acre lot. Per the Petition for Annexation, the owner certifies that "the land is used for single family use, and my plans are to continue that use." Further, minimum lot size requirements of the R-5 zoning district preclude the issuance of any building permits until the property is platted into a single lot (Westlake Code of Ordinances, Chapter 102, Article II, Sections 102-33 and 102-34). Language contained in the Petition for Annexation and the zoning type requested, along with the timely approval of the applicant's zoning request, will prevent the property from reverting to an undesirable use. The property currently receives water service from the City of Keller, and may continue doing so until the property is platted. Per the Service Plan approved as part of the voluntary annexation process, a determination as to how and when the property will be connected the Town of Westlake water system will be made at the time of platting. Sewer is provided by an on-site septic system, and per the adopted Service Plan may continue in use until a sanitary sewer main is extended to within the minimum distance from the property that would trigger a required connection. RECOMMENDATION At their January 4, 2016 meeting the Planning and Zoning Commission recommended this zoning change as requested by the applicant. Staff recommends approval of this zoning change as requested by the applicant. ATTACHMENTS 1. Site Map 2. Corresponding Ordinance SITE MAP ....�.�.� �'� � TF �� /� � � ��' 4�� d �t�55�ir� f' �1"1� � � m� �� T�� Q� � �� ' {� ,r--�j. ,1; q C BR(IOKE R-1 � � ��C � I RA41E�f � . � °�' 4UYCK � �`'� TF2Ar� � I 1 _ca c� � , , �� F�ILL � �� e� —�� —� c� � � ,, �� {C� � t�� ,, �� , I P�'`�' � �.28,4C G�LF I� a � Y �- �-5 4;� � R-5 � �'� �`� �c�'` �,�-�� .+ �a, � �'''�` �t,R`" �; LAM�Ef�� L�f__� � ' 4� � ---- —— �� J z ,.�.. w � � ASPEN LANE � wIiVC7Y � �f O� — �AK ��i_ � � �'� �'t f � � �� / � �� G�LF �� e �� __�� . �—� ,�, ,. � ' �,� , � ��, f �r�ax ��. ��v� ��. � :�= �' �� °, — — — T�1�WN LI�riIT :; �� .� � �` . � �,�`�'�.,°�. � ITY Q � I� ELLEF� �� Q TOWN OF WESTLAKE ORDINANCE NO. 765 AN ORDINANCE ZONING AN APPROXIMATELY 5.28 ACRE TRACT OF LAND COMMONLY KNOWN AS 2205 N. PEARSON LN AND 2217 N. PEARSON LN, WESTLAKE, TEXAS, FURTHER DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO, FROM NON-ZONED TO R-5 "COUNTRY RESIDENTIAL DISTRICT"; AUTHORIZING RESIDENTIAL DEVELOPMENT; 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 PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, on November 23, 2015, the Town of Westlake received a Petition from the landowner of the property depicted and described in Exhibit "A" requesting that the Town anneX said property; and WHEREAS, on November 23, 2015, the Town of Westlake received a Zoning Change Request from the landowner of the property depicted and described in Exhibit "A" requesting that the Town zone said property R-5 "Country Residential District"in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, on December 14, 2015, the Town Council of the Town of Westlake, Texas approved the voluntary annexation of said property after proper notice was provided in accordance with Chapter 43 of the Texas Local Government Code, and meeting all the requirements of the Texas Open Meetings Act a public hearing on the proposed annexation was held before the Westlake Town Council; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner (or representative) appeared before Town Council and affirmed that the property owner is seeking this zoning request; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and lega] notices and prerequisites having been complied with; and Ordinance 765 Page 1 of 4 WHEREAS, on January 4, 2016, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended approval of said request; and WHEREAS, the Town Council of the Town of Westlake, TeXas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with eXisting zoning and the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, upon the recommendation of the Westlake Planning and Zoning Commission on January 4, 2016, 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 this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION L• That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the property shown on attached Exhibit "A" is hereby zoned R-5, "Country Residential District". SECTION 3: This Zoning District shall be subject to the same regulations that apply to R-5 zoned property as described in Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas. SECTION 4: The Town Secretary shall amend, or cause to have amended, the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit "A". SECTION 5: 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the Ordinance 765 Page 2 of 4 incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 7: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF DECEMBER 2016. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 765 Page 3 of 4 EXHIBIT A Description and Depiction of Subject Property Ordinance 765 Page 4 of 4 EXHIBIT A METES & BOUNDS DESCRIPTION TRACT I A 3.01 (CALLED 3.0) ACRE TRACT OF LAND BE1NG OUT OF THE GREENBURY B. HENDRICKS SURVEY,ABSTRACT NO. 680, TARR.ANT COUNTY, TEXAS, BE1NG A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BE1NG THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found '/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a 2.27 acre tract this day surveyed(called Tract II); THENCE along and with the common boundary of the herein described tract and said Tract II, West, a distance of 660.08 feet (called West, a distance of 659.72 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Tract II; THENCE along and with said R.O.W.,North O1°10'S2"East, a distance of 198.43 feet (called North, a distance of 198.08 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a called 2.00 acre tract as conveyed to Becky Banks in Vol. 11850, Pg. 1636, Deed Records of Tarrant County, Texas; THENCE leaving said R.O.W., along and with the southerly boundary line of said Banks Tract, North 89°56'03"East, at a distance of 21.15 feet passing a found pipe, a total distance of 661.03 feet (called East, a distance of 659.72 feet) to a found '/2" iron rod for the northeast corner of the herein described tract, the northwest corner of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South O1°27'OS" West, a distance of 199.21 feet (called South, a distance of 198.08 feet) to the POINT OF BEGINNING and containing 3.01 acres, more or less. Ordinance 765 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. 'cE•o� ?,f ,�?:.'c,rs fi F,�•:�+.� �.:,�� 'a;�r .............................:.... Donald Edward Smith Sr., DONALU EDWAR� SI�ITH SR. Registered Professional Land Surveyor �'�:A�'i'�;�s�""�;�" Registration No. 2465 ��:AO,c• �P�� .S U R`��-�o Ordinance 765 METES & BOUNDS DESCRIPTION TRACT II A 2.27 ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY, ABSTRACT NO. 680, TARRANT COUNTY, TEXAS, BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS, BE1NG THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COiJNTY, TEXAS, SAID TRACT BE1NG MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found `/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a called 4.43 acre tract as conveyed to Sarah Khan and Nadeem Ahmad in Ins. No. D204399688, Official Public Records of Tarrant County, Texas; THENCE along and with the common boundary of the herein described tract and said Khan/Ahmad Tract, West, at a distance of 636.95 feet passing a found '/z" iron rod, a total distance of 659.95 feet(called West, a distance of 659.37 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Khan/Ahmad Tract; THENCE along and with said R.O.W.,North O1°10'S2"East, a distance of 149.87 feet(called North O1°10'S2" East, a distance of 149.11 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a 3.01 acre tract this day surveyed, called Tract I; THENCE leaving said R.O.W., along and with the southerly boundary line of said Tract I, East, a distance of 660.08 feet (called North 89°56'46"East, a distance of 659.29 feet) to a found '/z" iron rod for the northeast corner of the herein described tract, the southeast corner of said Tract I, a point in the westerly boundary line of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South O1°13'44"West, a distance of 149.87 feet (called South O1°08'44" West, a distance of 149.73 feet) to the POINT OF BEGINNING and containing 2.27 acres, more or less. Ordinance 765 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. 'cE•o� ?,f ,�?:.'c,rs fi F,�•:�+.� �.:,�� 'a;�r .............................:.... Donald Edward Smith Sr., DONALU EDWAR� SI�ITH SR. Registered Professional Land Surveyor �'�:A�'i'�;�s�""�;�" Registration No. 2465 ��:AO,c• �P�� .S U R`��-�o Ordinance 765 BECKY BANKS y CALLED 2.00 ACRES TRACT FRED E. HELD & RUBY S. HELD (VOL. 99850, PG. 9636) CALLED 5.00 ACRF,S TRACT (VOL. >4685, PG. 959) � o i FN�. N 89'56'03" E 661.03' (F.M.) � P�PE EAST 6s9_�2' (r�FF�) F I ON LINE CEN7ER BLOCK WALL � 21.i 5' RETAINING WALL COVERE� i FND. 3��' PATIO ��2» R. � 36.5� � � � Mp � � GREEN HOUSE pAVING � - � � � � GARAGE �� I- METAL �: i � � �� WO oiGK COVERED CHAINLINK CONTAI�ER � t � �-- ~ � � T��D? — } ta.o' � i - J I 2a �� CONC �� REA FENCE �_ � _� �i3.5' CONG � � '�� i DRVWY. � i SDWLK � �� i � is.i' � �BRICK • — � � - I PAVING I i � - - -♦ � - o-. �� - _ A/C I ' � TRACT I ♦_ ' 120.8' � � � PAD ��- _ 4 � � axzcx� �PUMP ', CALLED 3.D ACRES TRACT } I'i � — _ � � , I � Mai�eox �I ONE STORY --- �poND� �� (INS. N0. D293299793) �� ♦ ' � � � � s.s' aRicx - � WOOD FRAME � � axrcx �V ' I I � �, — � � s�wLx ,z,�� , Parro�� 939292 SQ. FT. � -.- � � � .� _ � � 36, o . � A�� I � o a 3.r � ' � � i � �, r CREEK � 3.09 ACRES • � � � ---- ---------i o d- w �� 4,�'� - ' �� I � w cv �' S.i' 240 4�'C� I I � � i i 102 I � f- ��PAD WIRE i o � O� _ ,r� �0 0,�t� _ i STORAGE i F� � I-�� I FENCE ! p� y 27 G i i .- ro o i � r- o T _ - -�� ..i I i ' -I� I ii . - ' •. ♦- +�- � t o �6, CO�ERED COVERED� � ' � o PORCH � BRICK �,�' � � � � � � � STOR9CE �� CONC. _� �� ,V � , � �� .�`� � � � w a r� 3 i 2o.a' i p _+_ � . r H�I PATIO „, SDWLK � � N z GM 3s2' - � �� y '� A�C � - I z ' � I� LP I O � � I i- � • � - POND L_ W - PAD � � � � O o i BRICK \ + + '� o �GM EM E � � � z I �' - �� w � U� �. r SDWLK. ,�, � A C Cr N � L__._�._--- � �1 � i'I PAD cs W _ � U] I \� � � � STONE � `�C � - _ - � 2' BRICK / ti ti � �� _ I� �f� �� O z 1 sDwz,x j . . �� cw� - �� ,1 A/c r� �� i cn w � �` %� LP � 0. �� PAD �� O� �__ II � M I� �---, / ia.o' 35.9 - � ,33 SHELBY ESTATES � -� � j-- A/c , •� �� I VOL. 388-965 PG. 28 � PAD I , - o i 8 s' � � � � � N � I� � � � � � � o wM�I ``� � - s3.9 � ° � TRACT 3 �s i �p iaa' & � � � � SIDING & FRAME / � . . ' � � �� : O i-P �P �P �� MOBILE HOME �F I EM � i FRED E. HELD �c RUBY S. HELD � � , �P �P `J ` . , coNc. ' C LED 0.33� ACRF 7'RACT � � �_� �: � - � � - � _ �P._ - , �� DR �—� pwY.� �i A(VOL. 8905, PG_ 9530) � � �' CONC. < - MP F � LP LP . ' '' , . � , ` ', J '''� � �� DRVWY. �_'i � ,. ; � ,' � � � ` 0.4' -I W � M�� GATE' �' `PP - . . ' �_ " - , WEST 659.72' (DEED) � �� ' � `� � _ : PP � N 89°56'46" E 659.29' (DEED) PP FND. � �- i �--- caTE '-- WEST 660.08' (F.M.) �/z" �- P.O.B. � i.R. TRACT I GRAVEL � - � � -i DRVWY. -- • �� v � F, � �� MAILB�� FRAME & I��Ii;��,�:�� ❑ ��DD �� 1J �� MP � EM E � � s' SHED � � � 3,� � �� n�� n r�� w� � � coNc. �� op � � PATIO Op � � I � � � '� o� 0.4' � 0.4' � � oi d' `- � � �� "o �4' TRACT II � � w � �3f� o^�� ?�"� _ (TRACT DESCRIBED IN � N ��, �ti q � 28 INS. N0. D2>329>7>3) � N "' W�� "' COVERED � � o � o:,� o� 28�`� coNc. 98899 SQ. FT. o `r � o � o^' PATIO �.2'7 ACRES STORAGE a � • z � . 0 � 3p,0' � O Z 31.E' � �GM 1 � � � � WOOD 23.00' �FENCE �� F�v�. w�sr 559 3�' (�EEo) FN�. �P O.B. i/z" i.R. ��z„ oN ❑NE WEST 659.95' (F.M.) �R TRACT II � SARAH KHAN &� NADEEM AHMAD a CALLED 4.43 ACRES TRAC,T o (INS. N0. D204399688) U � W i i� � I � � � SURVFYOR'S NOTE: BASIS OF BEARING, RECORDED The survey �s hereby accepted with the GRAPHIC SCALE DEED UNLESS OTHERWISE NOTED. dlscreponaes, confllcts, or shortages in area or boundary Ilnes, encroachments, protrusions, or z At date of this survey, the property Is in FEMA designated overlapoing of linprovemenis shown. �> � ZONE X as verifled by FEMA map Panel No: v 4� g� � 4�8439C 0080 4< effective date of SEPTEMBER 25 2009 X L�� z � Fxacf des�gnations can only be defermined by a Eleva�tion - Certificate- ihis ;nformatlon is subject to change as a v � � result of future FEMA map revisions and/or omendments. x 1 Inch = 40 Feet � These standard symbols will MAHOTEA I, DONALD EDWARD SMITH SR_, a Registered Professional Lond Surveyor In the State of Tex�s, » >+ be found i� the d�awi�9. FINAL AS—BUILT SURVEY BOONE do hereoy certify to ASSOCIA TITLE, LLC BOUNDARY LINE ROANOKE - DOVE and --- JOB NO.: 1 41 00241 82 N0. REVISION DATE that the above map is true and correct according to an octual field survey, made by me on the ground or DATE: 10/29/14� � �� WIRE FENCE � urder my supervision, of the prcperty shown hereon or described by field notes accompanying this drawing. I further • • CHAINLINK FENCE RAVEN � certify that all easements and nghts-of-way of which I hpve been advised are shown hereon and that, except DRAWN BY: MN�SV � es shown, there are no visible encroachments, no visible overla in of Im rovements and no o arent SITE pp g P pP aPPRovE� QY: �Es \\ \\ WOOD FENCE discrepanaes or conflicts In the boundary lines, and no visible physical evidence of easements or rights-of-way as of the date of the field survey. I further certify that this survey meets or exceeds tne E E OVERHEAD ELECTRIC z minimum stondards establishetl by the Texas Board of Professional Land Surveying (Section 663.18�. 0 POINT OF REFERENCE � � TIMBER Borrower�Owner: -- O F � Address: 2>75 & 2205 N. PEARSON LANE GF IVo. 14>00>7-PC E T � FOUND IRON ROD RIDGE � •''��'' F o � �AMBERT Leaal Description of the Land: ,`P:G�5 T ER•9 � TELEPHONE PEDESTAL T�ACTDescr�ption of the Land: OAK � � ASPEN , SEE NOTE �� (n�� POWER POLE 8eing all that certain lot, tract or parcel oi land lying and �, z •••••••••••••••••••••••••••••:•••• bein situated In Tarrant Count Texas, and t�ein more � � ��NA�� E�WAR� $M�TH $R. � ELECTRIC METER g Y y � Q � ....�........ .. . .........�.... partcularly known and designated as being a tract of land � KNOX Q � LIGHT POLE out of the G.B. HENDRICKS SURVEY in Tarrant County, � `UBJ=CT U RESTRI�TI�E �uA�EJAVTS ANC/QR EA�EMENTS R= uRDED �N� PRnPERTY PHOTOGRAPH. �'�� 2465 Q.v; �exas, and being a part of the same tract of land Y _ ��' �j!` �: � � WATER METER recorded In Volume 2271, Pcye 36, Deed Records, Tarrant o SPRINGS �'�� "�: ' ' � � ��' fSS�� FIRE HYDRANT Count Texas. ¢ �.� � , �•'•••,,,,, •� y -��. ' �.; . o su R��, � KNox � ` �.,, - � 1' : GAS METER TRACT II �- WINTER � � >`� BEING a troct of land situated In the G B. HENDRICKS � R`y - � ❑ MAILBOX SURVEY, ABSTRACT N0 680, Tarrant County, Texas, and � �� i+'� �,�..- *� � METER POLE being the same tract of land conveyed to David Charles - ��` ��,- 1 � - �ammonds and wife, Jeanette Leah Hammonds, recorded �� (DEED) RECORDED ON DEED in Volume 7851, Paye 1826, Deed Records of Tarrant L�CA7'I�N MAP � I I�/�L� t V�Af�� SMITh' Sf�. f�.l� L S. 7ir �F.M.� FIELD MEASURED County, rexas. � ��g stered Professional I_ond S�rvevor N.7�.S. ].k77 4Y.h1cSl-rmott�r 5¢�te 175� A11-n T:�ak � 013 - rnunc:tz�a��,�-��r� Em.�u:��a��za:�a��.,�ncynM.e�� G�g:st ra t i o n �o. 246� Ordinance 765 �� 6�. � ,� '� 'S� �� estlake Town Council � � � � � - , � TYPE OF ACTION ��,��,;�-�� Regular Meeting - Action Item Monday January 25, 2016 ToP�C: Conduct a Public Hearing and Consider an Ordinance Approving an Application for a Specific Use Permit (SUP) to Allow "Beer, Liquor and Wine Package Sales" at the CVS Pharmacy to be Built at 35 Arta Drive, Located in the Westlake Entrada Development, Near the Northeast Corner of Davis Blvd. and Solana Blvd. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective High Quality Planning,Design& Development-We are a desirable Planned/Responsible Citizen, Student& Preserve Desirability Development Stakeholder Well planned,high-quality &Quality of Life community that is distinguished by exemplary design standards. Strategic Initiative Outside the Scope of Tdentified Strategic Tnitiatives Time Line - Start Date: January 4, 2016 Completion Date: January 25, 2016 Funding Amount: Status - � Not Funded Source -N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Ordinance 703, the ordinance that regulates certain aspects of development, construction, and the use of properties within the Westlake Entrada development,requires that a Specific Use Permit (SUP)be approved prior to selling beer, liquor, and or wine, for off-premises consumption. Zoning ordinances typically provide for two types of uses—uses by right and by special exception, i.e. specific/conditional use permits. For our purposes we use the term Specific Use Permit. The uses that are permitted by right are those which are allowed without additional approvals being required. A Specific Use, on the other hand, may be permitted within a zoning Page 1 of 4 district, but the use is conditional and not granted automatically(or entitled) lilce a use by right. SUPs require additional public hearings and scrutiny—meaning the approval is discretionary. That being said, if certain stipulated conditions are met, the municipality may grant the permit after review by the Planning and Zoning Commission and the Town Council. The Town Council may, in the interest of the public welfare, and to ensure compliance with this ardinance, establish conditions of operation, location, arrangement, and construction of any authorized Specific Use. In approving any Specific Use, the council may impose such development standards and safeguards as conditions warrant for the welfare and protection of adjacent properties and citizenry who may be affected by this use. The Council shall not grant an SUP for a particular use except upon a finding that the use will: a. Complement or be compatible with the surrounding uses and community facilities; b. Contribute to, enhance or promote the welfare of the area affected by the SUP and adjacent properties; c. Not be detrimental to the public health, safety or general welfare; and d. Conform in all other respects to all applicable zoning regulations and standards. A Concept Plan, Development Plan, PD Site Plan and Final Plat relating to this project have all been previously approved by the Town Council. The approval of this Specific Use Permit does not conflict with any previous approvals. RECOMMENDATION At their January 4, 2016 meeting the Planning and Zoning Commission voted unanimously to recommend the Specific Use Permit application as requested by the applicant. Staff recommends approval of the Specific Use Permit as requested by the applicant. ATTACHMENTS 1. Specific Use Permit application 2. Corresponding Ordinance Page 2 of 4 TOWN OF WESTLAKE ORDINANCE NO. 766 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIFIC USE PERMIT TO ALLOW BEER, LIQUOR, AND WINE PACKAGE SALES AT THE CVS PHARMACY TO BE CONSTRUCTED AT 35 ARTA DRIVE, BEING LOT 3, BLOCK N, OF THE WESTLAKE ENTRADA DEVELOPMENT WITHIN THE PD 1 ZONING DISTRICT, PLANNING AREA 2 (PD 1-2). PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, application was made for a Specific Use Permit to the Planning and Zoning Commission and the Town Council for package sales of beer, liquor and wine at CVS Pharmacy, located at 35 Arta Drive within the PD 1-2 zoning district; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area•, to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide far adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council of the Town of Westlake has determined that this request is in conformance with the approved Concept Plan and approved PD Site Plan to permit beer, liquor, and wine package sales at the CVS Pharmacy located at 35 Arta Drive within the PD 1-2 zoning district; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on January 4, 2016, the Town Council of the Town of Westlake, Texas, has determined that it is in the best interests of the town and its citizens, that the Special Use Permit should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Ordinance 766 Page 1 of 2 SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Specific Use Permit for package sales of beer, liquor and wine at the CVS Pharmacy located at 35 Arta Drive within the RD 1-2 zoning district is hereby granted. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corparation 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 Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity ar unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25t" DAY OF JANUARY 2016. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 766 Page 2 of 2 . �� '��° f'� * - �� !� ' . .rk��r' • � � • '� estlake Town Council � � � � TYPE OF ACTION �� • �: . �'t'� �„��,,.�r Regular Meeting - Action Item Monday, January 25, 2016 ToP�c: Conduct a Public Hearing and Consider an Ordinance Approving an Amendment of Ordinance 691, Amending the Development Regulations Applicable to the PD 1 Zoning District, Planning Area 1 (PD 1-1), Restoring a 500 foot, Previously Existing Setback in the Areas Adjacent to a Residential Neighborhood. STAFF CONTACT: Eddie Edwards, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Ob'ective Natural Oasis-Preservc& Planned/Responsible Citizen, Student& Preserve Desirability Development Stakeholder Maintain a Perfect Blend of thc &Quality of Life Community's Natural Beauty Strategic Initiative Trce Preservation/Reforestation Time Line- Start Date: January 4, 2016 Completion Date: January 25, 2016 Funding Amount: 00.00 Status - � N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On January 7, 2013, Ordinance 691 created three Planning Areas within the PD 1 Zoning District: PD 1-1 (Solana), PD 1-2 (Entrada), and PD 1-3 (Granada). The ordinance was passed with a section stating that the building setback from any residentially zoned area shall be 500 feet for the areas described in exhibits "A-1" and"A-2" (Entrada and Granada). However, the section was intended to require the 500 foot setback from all residentially zoned areas except for the areas described in "A-1" and"A-2." The intent was to preserve the 500 foot building setback, ariginally established by Ordinance 202, for the areas of PD 1-1 adjacent to residential neighborhoods including the Glenwyck Farms, Terra Bella, and Carlyle subdivisions, but excluding the Entrada and Grenada developments. Our rationale was that Entrada,being a mixed-use development, does not need a setback separating commercial uses from residential uses, and Granada would receive adequate separation via the 60 foot open space between the lots and the PD 1-1 area, combined with the setback resulting from the"Residential Slope"regulation that requires commercial buildings to be set back five-feet from residential property for every one-foot in building height, as measured from the ground height of the residential property. For example, an 80 foot tall building would require a 400 foot setback (80X5=400)plus the 60 foot open space. Higher ground at the commercial building site results in either a shorter building or greater setback, while low ground allows for taller buildings or lesser setbacks. Town staff has been working with PD 1-1 owner representatives on an amendment to Ordinance 691 for many months to address issues related to multiple ownerships within the Planning Area, and has always taken the position that the aforementioned section would be corrected with the next amendment. What was not anticipated by Town staff was that so much time would pass before their amendment would be applied far. Now lots in Granada have been sold with the purchasers believing that the 500 foot building setback applies to their properties. Depending on building height, there may not be any difference in the setbacks, but concern over the unknown is only natural. Therefore, the proposed amendment to Ordinance 691 will restore the 500 foot building setback for al] areas of PD 1-1 adjacent to residential property, except for PD 1-2 (Entrada). Town staff is taking this opportunity to propose amendments to several sections of the ordinance that we feel should be modified (see attached staff report). The proposed amendments will not only correct the previous typographical error but will also clarify the Town's position on several sections within the ordinance. This will provide more predictability to the current and future owners of all affected properties. Please note that this Town initiated amendment is limited to specific development regulations that the Town wishes to clarify and does not change the Permitted Uses or allowed density within PD 1-1. RECOMMENDATION At their January 4, 2016 meeting the Planning and Zoning Commission recommended this amendment as proposed, including the restoration of the 500 ft. setback. Staff recommends approval of this amendment. ATTACHMENTS 1. Staff Report 2. Letter of Protest regarding Amendment of Ordinance 691 3. Letter of Support regarding Amendment of Ordinance 691 4. Draft minutes from the 1/1/16 Planning and Zoning Commission Meeting 5. Corresponding Ordinance .r_, I�..A_� �' ,M� r i �'s r � �i y, � �. ��, .��r�' TOWN OF WESTLAKE, TX STAFF REPORT REGARDING AMENDMENT TO ORDINANCE 691, RELATING TO THE DEVELOPMENT REGULATIONS OF THE PD 1-1 PLANNING AREA. Date: 12-22-2015 Request: Review and approval of an ordinance amending Ordinance 691, regulating the PD 1-1 Planning Area. Agenda Item: Conduct a public hearing and consider an ordinance amending Ordinance 691, the ordinance that amended the PD1 Planned Development Zoning District, creating and regulating the PD 1-1 Planning Area. CASE INFORMATION Development Name: Solana. Location: The property is generally located south of Highway 114, extending from Davis Blvd. eastward to the town border, bounded by the Granada subdivision to the west, and the Glenwyck Farms and Terra Bella subdivisions to the south. The PD 1 Zoning District (PD 1) is comprised of three sub-areas called Planning Areas, including PD 1-1 (Solana), PD 1-2 (Entrada Mixed-Use Development), and PD 1-3 (Granada Mixed-Use Development). Summary: This Town initiated amendment is limited to specific development regulations that the Town wishes to clarify and does not change the Permitted Uses or allowed density within the development. This amendment will include language to restore a previously existing 500 foot building setback from certain residential properties located adjacent to the PD1-1 Planning Area. In addition, the application of density regulations to specific Planning Areas is clarified. This amendment provides predictability for all affected stakeholders and further aligns existing ordinances with the recently adopted comprehensive plan. Owner: The Planning Area includes multiple properties and owners. Applicant: This is a Town initiated amendment. Developer: N/A Site Size: 251.757 acres Page 1 of 10 I. Chronoloqy of the PD 1 Zoninq District and the PD 1-1 Planninq Area November 1992- Ordinance 202 created PD 1, and included a 500 foot buildinq setback from residential property. Note that a building setback is not an open space or landscape buffer; vertical structures are not permitted within this type of setback, but a parking lot would be permitted. March 2008 — Ord 588 amended PD 1 to adjust the PD1 boundary when land was acquired for the right-of-way needed for the realignment and widening of FM 1938 (Davis Blvd), and to address other PD Site Plan issues. The amendment also added an exhibit "A" to the 500 foot setback language. January 2013 — Ord 691 amended PD 1 to create three Planning Areas: PD1- 1(Solana), PD 1-2 (Entrada), and PD 1-3 (Granada). Exhibit "A" from Ord 588 was determined to have not appropriately described the property north of Glenwyck Farms, which was the target area of the 500 foot building setback, and the ordinance was reworded to require a 500 foot building setback from a�n i residential properties except for properties in Planning Areas PD 1-2 (Entrada) and PD 1-3 (Granada). This language was intended to exclude the areas described in exhibits A-1 and A-2, (PD1-2 and PD 1-3 respectively) from the 500 foot building setback. However, the word "except" was unintentionally deleted from the final ordinance text, as highlighted below: Intended text of Part ll, Section 4 of Ordinance 691: Section 4. Dimensional standards and requirements. The following dimensional standards and requirements shall apply: A. The minimum required lot area shall be five (5) acres, with the exception of Lot 1 R2 of Block 2 of Westlake/Southlake Park Addition No. 1. which shall measure 1.722 acres (before right of way dedication). Exception: Property containing existing buildings may be re-platted into lots of /ess than five acres 8. The maximum percent of PD1 to be occupied by (i) principal use buildings shall be ten percent (10%) of the land area (as defined below), excluding court yards, atria, etc. not enclosed within the buildings. Parking garages shall not be included in the calculation of density or site coverage. For these purposes PD1 shall be deemed to have 436.077 acres of land area which is its original acreage before donations for roadways except for right of way within PD1 donated for SH114. Planning Area 1 shall be deemed to be 251.757 acres. Planning Area 2 shall be deemed to be 92.08 acres. Planning Area 3 shall be deemed to be 92.24 acres. Page 2 of 10 C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1 R2 of Block 2 of Westlake/Southlake Park Addition No.1. shall be: 1. One hundred (100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solana Boulevard, for which building the setback shall be eighty (80) feet; 2. The minimum setback from State Highway 114 shall be two hundred 200) feet; 3. Five hundred (500) feet from any residentially zoned area except for the areas described in exhibits "A -1"and "A -2';� 4. In accordance with Section 102- 124(b)(2)(b) of the Zoning Ordinance contained in the Code of Ordinances for the property described in Exhibits "A -1"and "A -2 ';� or 5. Otherwise setbacks shall be one hundred (100) feet for side yards. Setbacks shall be one hundred (100) feet for rear yards. Exception: Property containing existing buildings may be re-platted into lots with less than 100 feet of setbacks. Q2 2015 to Q1 of 2016 — The omission of the word "except" was planned for correction along with other clarifications/corrections as they were identified or submitted. The new owners of PD1-1 desire to create multiple Planning Areas within the current PD 1-1 Planning Area. There are multiple land owners within this area but some PD regulations pertain to a ratio of the entire Zoning District or Planning Area. This could allow one property owner to develop a greater percentage of his land, than would be allowed if calculated independently, and this would force the other property owners to compensate by developing less area. Page 3 of 10 II. Proposed amendments to Ordinance 691, hiqhliqhted, and their effect on future development within the PD 1 Zoninq District and the PD 1-1 Planninq Area: A. Text to be inserted in the Caption, Preamble, and Part II of Ordinance 691: 1. Text to be inserted in the Ordinance Caption (highlighted): AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 691, BY AMENDING THE DEVELOPMENT REGULATIONS FOR THE PLANNED DEVELOPMENT DISTRICT NO. 1, PLANNING AREA 1 ("PD1- 1"); PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. 2. Text to be inserted in the Preamble (highlighted): WHEREAS, Ordinance No. 200, as amended, the Comprehensive Zoning Ordinance for the Town of Westlake, was amended by ordinance 691, and WHEREAS, there were found to be provisions that needed clarification in the amending ordinance 691; and WHEREAS, Planning Area 2 (PD 1-2) is now regulated by Ordinance 703; and WHEREAS, Planning Area 3 (PD 1-3) is now regulated by Ordinance 693; and 3. Text to be inserted in Part II of the body of the proposed Ordinance (highlighted): Section 1. Planning Areas. The PD1 Zoning District is hereby divided into three distinct planning areas. These planning areas are to be referred to as Planning Area 1 (PD1-1), Planning Area 2 (PD1-2), and Planning Area 3 (PD1- 3). The planning areas are described in Exhibits "PD1-1", "PD1-2", and "PD1-3". Section 2. Planning Area 2 (PD1-2) shall be regulated by ordinance 703, as amended. Section 3. Planning Area 3 (PD1-3) shall be regulated by ordinance 693, as amended. Section 4. Planning Area 1 (PD1-1) shall be regulated by the following sections of this ordinance and the Town of Westlake Code of Ordinances. Page 4 of 10 Note that Part II, Sections 2, 3, and 4 in the existing Ordinance become Sections 5, 6, and 7 in the proposed Ordinance. Effect of changes: The inserted text limits the regulations specified in Ordinance 691 to the PD 1-1 Planning Area only, clarifying that the 10% limit for land area coverage by Principal Use Buildings contained in Section 4B of existing Ordinance 691 applies only to the PD 1-1 Planning Area. PD 1-2 (Entrada) and PD 1-3 (Granada) both received differing regulations when they were effectively rezoned by separate ordinances. B. Amendments to Part II, Section 7A (Section 4A in existing Ordinance 691): Section 7. Dimensional standards and requirements. The following dimensional standards and requirements shall apply: A. The minimum required lot area shall be five (5) acres, with the exception of Lot 1 R2 of Block 2 of Westlake/Southlake Park Addition No. 1, which shall measure 1.722 Acres (before right-of-way dedication). Exception: Property containing existing buildings may be re-platted into lots of less than five acres if approved as part of a PD Site Plan approval. Effect of changes: 1. Clarifying that the minimum required lot area is five acres. 2. The intent of the exception, which was added with the passage of Ordinance 691, was to allow the property owner the ability to re-plat property containing an existing building that could not comply with the minimum lot size requirements due to the proximity of other buildings on the property. This would allow for a fee simple real estate transaction as opposed to forcing a condominium or other type transaction. Staff has subsequently determined that the selling of portions of a property, that is part of a property that was developed with an approved PD Site Plan, may need closer scrutiny and possible approval by the approving boards or commissions prior to breaking up the property. For example: Cross access easements, shared parking agreements, percentage of coverage by Principal Use Buildings, open space or parkland dedication and trail requirements, etc.. Page 5 of 10 C. Amendments to Part II, Section 7C (Section 4C in existing Ordinance 691): A. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1 R2 of Block 2 of Westlake/Southlake Park Addition No. 1, shall be: 1. One hundred (100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solana Boulevard, (southeast corner) for which building the setback shall be eighty (80) feet; 2. Two hundred (200) feet from T"o mir�imi�m oo}h�f+L frr.m State Highway 114. choll ho fieir� h��r,rlro.J /7(1(1\ foo+• e 3. Five hundred (500) feet from any adjacent residentially zoned lot �ro� f^r +"o �� ,��o�r�hihi��nrJp `�c except for residential lots located in PD 1-2, which is a mixed-use development; or Ir� o rrdon �+ on+i�r� /h\/ f +ho 7�r�inn (lrrlir�or�no —rrra.�,ercrarrF,�tt �,rvn— �t r��nrn�+��pr-! i�� (� rJo nf (1rrJinon/+oc fnr �ho r�rnr�or��ho�r�hihi�r •�n rl 'C�r�—rt7c- �r e 4. Otherwise setbacks shall be one hundred (100) feet for side yards and rear yards. co+h�„U�. ch�ll ho nno h�inrlror! /1(1(1\ foo� fnr ro�r�i�rrlc Effect of changes: a. Paragraph 1. Clarifying that the exception is intended to apply only to the existing building located on the southeast corner and not to any other property adjacent to the intersection. b. Paragraph 3. Clarifying that a 500 foot setback is required from adjacent residential lots other than those lots within the PD 1-2 (Westlake Entrada development) Planning Area. c. Paragraph 4. Deleted. The referenced Code of Ordinance Section applies to all commercial districts located near a residential lot. This is referring to the "Residential Slope or 5:1 building setback to building height ratio." Citing code sections within an ordinance is not considered a good practice since there are no controls to assure that if the code section being referred to gets renumbered or relocated within the code, that the ordinances referencing the code section will also get amended. d. Paragraph 4. (new#4, previous #5) The intent of the exception, which was added with the passage of Ordinance 691, was to allow the property owner the ability to re- plat property containing an existing building that could not comply with the minimum Page 6 of 10 set back requirements due to the proximity of other buildings on the property. This would allow for a fee simple real estate transaction as opposed to forcing a condominium or other type transaction. Staff has subsequently determined that the selling of portions of a property, that is part of a property that was developed with an approved PD Site Plan, may need closer scrutiny and possible approval by the approving boards or commissions prior to breaking up the property. For example: Building wall fire rating requirements based on proximity to property lines, cross access easements, shared parking agreements, percentage of coverage by Principal Use Buildings, open space or parkland dedication and trail requirements, etc.. D. Other changes are included to remove unnecessary references to the PD 1 Zoning District or Planning Areas PD 1-2 and PD 1-3. III.What is not chanqinq: A. Permitted Uses: The Permitted Uses for this property are not beinp chanqed but are listed below for informational purposes: Principal Uses Permitted. No building, structure or premises shall be used other than for the following purposes, together with the ancillary and accessory uses specified in Section 3: A. Office buildings for business and professional use, including, but not limited to, administrative, executive, engineering, accounting, scientific research and development, educational, marketing, information processing, computers, statistical and financial purposes, provided such use shall not involve any machinery or process which pollutes the environment, including without limitation those which emit dust, smoke, odor, fumes, noise, vibrations or the like; B. Educational facilities and temporary accommodations for employees, customers and visitors to such educational facilities; C. Hotel and conferencing facilities; D. Retail uses including but not limited to, medical and dental clinics, cafeterias, restaurants, travel agencies, banks and other financial institutions, hair salons, jewelry stores, child care centers, dry cleaners, and other uses permitted under the retail category of the Comprehensive Zoning Ordinance of 1992, as amended; E. Institutional and Governmental Uses; and F. Sports and health club. Page 7 of 10 B. Permitted Uses within the 500 foot buildinq setback: No changes are proposed with this amending ordinance. Part II, Section 4C of the original text states that "The minimum size of any front, side or rear yard for principal and accessory use buildings..." Staff has interpreted this to apply to principal and accessory use buildings only. A parking lot is not considered a building. However, parking lots do have numerous regulations relative to screening and landscaping that greatly influence where they are placed. IV. Aliqnment with the Comprehensive Plan Reinstalling the 500 foot building setback moves the Town closer to the intent of the recently adopted Comprehensive Plan, which shows the area covered by the 500' setback as open space (shown on page 167 of the Comprehensive Plan). Note that the property owner has the option to satisfy much of the open space requirements for PD 1- 1 by dedicating the acreage within the building setback as open space, but has chosen not to exercise this option. V. Other mechanisms that separate residential from commercial uses A. PD Site Plans Section 5 of Ordinance 691, which will not be changed by this proposed ordinance, requires that a PD Site Plan be approved by the Town Council as part of any new, additional, or substantially changed development in any of the PD 1 sub-areas, including the areas of PD 1-1 adjacent to the Granada and Glenwyck Farms subdivisions. A PD Site Plan is a valuable tool that helps the Town manage and influence the development process. Prepared by an engineer, architect, and/or landscape architect, the Site Plan provides a detailed overview of how a particular project will develop, including building elevations and layout, parking, landscaping, open space, architecture, and signage. PD Site Plans amend the zoning of Planned Development Districts or PD sub-areas, and must therefore comport with required concept and/or development plans, applicable development standards (building heights, setbacks, floor-area ratios, etc.) and the recently adopted comprehensive plan. In this case, the link between the PD Site Plan and the Comprehensive Plan is crucial. Any PD Site Plan depicting commercial development in PD 1-1 adjacent to residential property would not be in conformance with the Comprehensive Plan (which depicts those areas as open space), and could therefore be denied by the Town Council and/or the Planning and Zoning Commission. B. Slope requirements Section 102-124(b) of Westlake's Code of Ordinances includes a residential slope regulation that requires commercial buildings to be set back five feet from residential Page 8 of 10 property for every one foot in building height, as measured from the ground height of the residential property. For example, an 80 foot tall building adjacent to the Granada subdivision would require a 400 foot setback (80*5=400) in addition to the 60 foot open space area between Granada lots and PD 1-1. If a commercial building is situated on higher ground relative to adjacent residential lots, a shorter building or greater setback is required, while a commercial building situated on lower ground relative to adjacent residential lots allows for a taller building or lesser setback. The intent of this regulation is to provide adequate separation of uses and prevent a scenario where a commercial development towers over a residential area. �s�a�x�� s�P� ._..� �- • �Ti�C Mf� �t� ' ID` f� C�` �ri� f�R�Y l�'r� t�rtT/9�►` ,IV I�S/GEVI'!A� t�l�'Icr ��gid�'��`�� .� ,�v�rr�A� � 5;� --�— �r �/ ��r�. �� 'I �.� � �. /—�`T�7 ,G�f.A6l• C1x') S,�i" �aK G�'�! RE'c'..�►�'N'T�/➢'� PXe�"LJN� * �ME� L�� 1'�►''D f'C,�'� /�' C"�� Pxr!!�V`E ,�4� �l7� �fRd+H' �°�1'']' 1r'N'�� 7a��/1'L+bJ'11� �I�1'�]�l'�. C. Tree Mitigation Requirements Chapter 98 of the Code of Ordinances provides for the protection and mitigation of protected tree species that may be threatened by various types of development. The substantial cost associated with tree replacement or mitigation, especially where old- growth trees are present, discourages property owners from developing forested sections of their land in favor of areas with relatively less tree cover. For example, the area of PD 1-1 that is within the 500 foot building setback reestablished by the proposed ordinance is heavily forested, and any development would inevitably result in high tree mitigation costs. Page 9 of 10 VI. Site Map Showing 500 ft. Setback from Residential Lots: Green — Granada / Yellow — Glenwyck ,,�� '' �'s ��,�� c� -�� ; 3 � ;�F��, � �� - �1: � � ,A�. . 3� '3'a�.�. �� ' *� :t _�i � � �x � s fi ,, �� r` ' -_-__... --- ------- -^ ----- --- ---- � ' � f. . ��v �, � � '�."+►� �j,,.� ' �} • - ��''i��,��.r �'� �F$r ��„�<<�.r•�� "i'�.,.�,-� �,` _�. r.. ' _ _ _- _ _�,. - -�`'�'�� ' �' ;�,! �:�4 �� +� �.r_.,�. � ; "�1 I � • ♦ '�� '�Q: 1 �,�:. ♦ '�"�.-�,"�' `� * }'`' '`�r^ �f! . � �� .� �� LL� � � „y r��. '� ��' � �,"�.�:� �.x �� . � Page 10 of 10 January 14, 2016 Town of Westlake-Town Council 1301 Solana Blvd, Building 4,Suite 4202 Westlake,TX 76262 Re: Z-12-15-15 Zoning Change,amending Ordinance 691 Dear Councilmembers: As owners of the property affected by this proposed Zoning Change, we strongly object to the amendment proposed under Z-12-15-15. Solana Purchase Based on Existing Zoning As noted in our written and verbal comments at the January 4� Planning and Zoning meeting, BRE Solana LLC acquired this property in August 2014 with Ordinance 691 in place to govern the area known as PD 1-1. There are different setback provisions in Ordinance 691 consisting of generally 100 feet from most areas and 200 feet from State Highway 114 (Section 4. C. 1, 2, 5). Section 4. C. 3. states the setback is 500 feet from any residentially zoned areas for the area described in exhibit "A-1" and exhibit "A-2". Exhibit A-1 is the land on which Entrada is being developed and exhibit A-2 is the land on which Granada is being developed. BRE Solana LLC does not own any land referenced in these exhibits. This zoning had been in place for 19 months prior to our acquisition. Furthermore, no mention of a zoning error occurred until nearly a year after the acquisition of the land. Pr�r�� Lang��e Inc�n�ist�n�wi� Mess�ging In the Executive Summary prepared by staff and presented to the Planning and Zoning Commission on January 4, 2016,the language states: The intent was to preserve the 500 foot building setback, originally established by Ordinance 202,for the areas of PD-1 adjacent to residential neighborhoods including the Glenwyck Farms, Terra Bella,and Carlyle subdivisions, but excluding the Entrada and Granada developments. Furthermore, in the audio presentation staff reiterated that the original intent was to exclude both Entrada and Granada. During public comments, both staff and residents insisted on "fixing a typographical error." However, the proposed language under Z-12-15-15 is inconsistent with simply correcting an error as it fundamentally imposes a new setback from Granada that was never intended from the beginning, was never present in the Ordinances prior to Ordinance No. 691, and was included in Ordinance 691 only by virtue of the mistake of leaving out the word "except", as the stafPs own report states. Thus, if the Town of Westlake is truly interested in simply correcting a potential error, it should do so with the original intent of Ordinance 691 in mind and remove the setback from Granada on PD-1. Einancial Compensation for Loss of Value To the extent that the Town of Wesdake moves forward with this amendment, which we are strongly opposed to, the imposition of a 500 foot setback from Glenwyck Farms (and Granada to the extent that language is mistakenly kept in place) would impose significant financial hardship on this parcel of land. If this amendment passes the Town of Westlake needs to compensate BRE Solana LLC for the negative impact these setbacks will have on our development potential. We have spoken with the Town Manager about this topic over the last 30 days but have yet to reach an acceptable agreement. We believe there are numerous ways to achieve this such that it would not impose a financial burden on the Town of Westlake. Furthermore, we wish to address the comments from a few neighbors that were made at the January 4� Planning and Zoning meeting regarding loss in home values. Several statements were made suggesting that if the 500 foot setback were not"re- instated" that it would cause a loss in home value. These statements are, at best, very speculative and hypothetical. To explain, the existence or non-existence of a setback does not impact any of the homes in Westlake by itself. Rather,if and only if, the landscaping that exists on the BRE Solana LLC land and is visible from the adjacent residential homes was replaced by something significantly less desirable would there be a potential loss in home value (and such perceived loss would be extremely subjective). In reality, the substantial slope near the Glenwyck Farms property line combined with the extensive tree mitigation costs required to replace the trees with something less desirable implies an extremely low probability that the current landscaping near the residential homes will materially change. Thus, any perceived loss in home value is subjective,hypothetical,and highly unlikely to materialize. However, to the extent that a 500 foot setback that does not exist today is imposed upon our land, the negative financial impact would be significant and immediate as it would fundamentally limit the flexibility to develop the land and unnecessarily constrain any potential site plans for development, including any site plans that could creatively replace or otherwise mitigate loss of landscape. Given that our investment was based on the zoning in place at the time of purchase, the constraints that would be created by this amendment are simply unacceptable without just compensation. Conclusion Our primary mission has been to focus on the redevelopment and repositioning of the Solana Business Park; there are no short-term plans to develop the land. However, the land was a key component of the Solana purchase and we feel compelled to defend our rights to protect our land value. Furthermore,we have worked with both the Town of Westlake and our neighbors in good faith to �nd a mutually acceptable solution to all parties. We do not wish to damage the strong relationship we've built with the Town of Westlake nor do we wish for either party to spend unnecessary time or money in a prolonged legal battle over property rights. Therefore. we ask the Town Council to nlease reject this amendment. which requires a su�er majority vote under Texas law due to our �rotest so that all �arties mav continue working in good faith to find a better solution that is fair and iustified. Regards, Brian Driesse Representative of BRE Solana LLC Cc: Payton Mayes 1825 Broken Bend Drive•Westlake,Texas 76262 phone:817-742-3124•personal fax:817-742-3125 email:pacockrum@aol.com December 23, 2015 Town of Westlake Planning and Zoning Commission 3 Village Circle, Suite 202 Westlake,TX 76262 RE: Z-12-15-15 Zoning Change, Amending Ordinance 691 Dear Planning and Zoning Commissioners: I live at 1825 Broken Bend Drive in Glenwyck Farms (our property borders PD1-1 to the north and east) and I've recently purchased Lot 78 in Granada (2018 Valencia Cove which borders PD1-1 to the east) and intend to move there once our new home is built. I'm writing you because I will be out of the country on January 4th and unable to attend the January 4th P&Z meeting. As such, my wife, Erin, and I request that the following be read into public record. We urge the P&Z to amend Ordinance 691 to provide a minimum 500 foot building setback within the PD1-1 Planning Area from ALL residential properties located within the Glenwyck Farms,Terra Bella, Carlyle developments AND from all residential properties located along the eastern border of the Granada developments. As I understand it,when Ordinance 691 was drafted the 500 foot setback restriction was mistakenly removed from all areas adjacent to PD1-1 except the newly formed residential development known as Granada;whereas the intention was to maintain the setback restriction in all areas except Granada. IYs unclear to me when the city became aware of this conflict but it appears to have been roughly 18 months ago. Nevertheless, what is clear is that the city actively chose to remain silent on its intent to modify the ordinance until very recently. In the meantime, the lots along the eastern border of Granada were developed, marketed, and sold with the express added value of the 500 foot setback restriction as evidenced in Ordinance 691.As you can imagine, eliminating the 500 foot setback restriction from PD1- 1 now,as it relates to those lots within Granada,would be problematic for all parties, including the city of Westlake. Take my situation as an example. On 10/26/15 my wife and I entered into a contract with Simmons Estate Homes to purchase Lot 78 in Granada. We selected Lot 78 solely on the basis that iYs eastern border was protected by the same 500 foot setback restriction that we've enjoyed for 12+years in Glenwyck Farms. Then, on Friday, 11/13/15, four days before we were scheduled to close escrow on the lot, I heard a rumor that the 500 foot setback did not apply to Granada. I immediately contacted Simmons Estate Homes and advised Scott Simmons of that rumor and asked him to provided confirmation that the 500 foot setback was in fact in place and enforceable. Scott was unaware of any such rumor. He promptly contacted the city of Westlake and then forwarded me a copy of Ordinance 691 pointing to Part II, Section 4, C.3 as affirmative evidence that the 500 foot setback was in fact in place and enforceable. The city made no mention of any pending action or intention to change the setback protection. Based on that we proceeded with our escrow closing and purchased Lot 78. Had the city acted on, or declared, its original intention to modify Ordinance 691 and remove the 500 foot setback protection from the Granada development we would never have considered purchasing Lot 78. At this point, I'm not certain what the legal ramifications are should the city now decide to remove the 500 foot setback protection from the Granada properties but it seems reasonable to me that the cities prolonged and continued silence creates a condition of liability on its part should it now choose to remove the 500 foot setback protection from the Granada properties. 1825 Broken Bend Drive•Westlake,Texas 76262 phone:817-742-3124•personal fax:817-742-3125 email:pacockrum@aol.com To that point, at the 11/18/15 Westlake town hall meeting in Glenwyck Farms Westlake city officials initially proposed that the solution to this conflict was to simply remove the 500 setback protection from Granada and reinstate it for Glenwyck,Terra Bella, and Carlyle. I pointed out that,while I agree completely with the need to reinstate the 500 foot setback protection for Glenwyck, Terra Bella, and Carlyle, removing the 500 foot setback protection from Granada would be an untenable solution and a serious hardship for Granada property owners that would likely lead to legal action on their behalf. After further discussion, Eddie Edwards, Westlake Director of Planning & Development, indicated that the proper and preferable solution would be to extend the 500 foot setback requirement to include all residential properties located within the Glenwyck Farms, Terra Bella, Carlyle developments, AND all properties along the eastern border of the Granada development. Mr. Edwards' solution is the right answer, and frankly iYs the only reasonable solution for all parties given the circumstance outlined above. I urge your support of this solution as the permanent path forward. Sincerely, � �� Patrick A. Cockrum cc: Eddie Edwards, Director of Planning & Development, Westlake Scott Simmons, Simmons Estate Homes p"��`k. � ! 'S �` • �4 t� + � � � � � '4�'�t,� �'`:-,�_.�'�� MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING 7anuary 4, 2016 PRESENT: Commissioners Liz Garvin, Greg Goble, Ryan Groce, Ken Kraska and Michelle Lee. ABSENT: Chairman Tim Brittan OTHERS PRESENT: Town Manager Tom Brymer, Planning and Development Director Eddie Edwards, Town Attorney Cathy Cunningham, Town Secretary Kelly Edwards, Assistant Town Manager Amanda DeGan, Director of Public Works )arrod Greenwood, Fire Chief Richard Whitten, Communications & Community Affairs Director Ginger Awtry, Finance Director Debbie Piper, Susan McFarland, Communications Specialist and Management Intern Joel Enders. � . ) � Work Session 1. CALL TO ORDER Commissioner Lee called the work session to order at 5:02 p.m. 2. EXECUTIVE SESSION The Commission convened into executive session at 5:03 p.m. The Commission will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Ordinance 691 P&Z Minutes 01/04/16 Page 1 of 5 3. RECONVENE MEETING Commissioner Lee reconvened the meeting at 6:07 p.m. 4. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. No additional discussion. 5. DISCUSSION OF ITEMS TO BE PLACED ON FUTURE AGENDAS AND UPDATES ON DEVELOPMENT TRENDS, PROGRESS AND TOWN COUNCIL ACTIONS ON PAST AGENDA ITEMS. Town Manager Brymer stated Staff was preparing amendments to the Code regarding the Site Plan and Platting process and provided an overview of the Granada Phase II sale to Wilbow. 6. ADJOURNMENT � Commissioner Lee adjourned the work session at 6:10 p.m. 1 � Regular Session 1. CALL TO ORDER � Commissioner Lee called the regular session to order at 6:10 p.m. 1. REVIEW AND APPROVE MINUTES FROM THE MEETING HELD ON DECEMBER 1, 2015. MOTION: Commissioner Groce made a motion to approve the minutes. Commissioner Goble seconded the motion. The motion carried by a vote of 5-0. 2. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION REGARDING, Z-11-23-15, ZONING CHANGE APPLICATION FROM NON- ZONED TO R-5 ��ESTATE RESIDENTIAL" FOR TWO NEWLY ANNEXED TRACTS OF LAND COMMONLY KNOWN AS 2205 AND 2217 N. PEARSON LANE, WESTLAKE TEXAS. Management Intern Enders provided a presentation and overview of the recently annexed property. P&Z Minutes 01/04/16 Page2of5 Commissioner Lee opened the public hearing. No one addressed the Commission. Commissioner Lee closed the public hearing. MOTION: Commissioner Goble made a motion to recommend approval of the zoning change. Commissioner Garvin seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION REGARDING AN SUP-12-15-15, SPECIFIC USE PERMIT TO ALLOW THE SALE OF BEER, LIQUOR, AND WINE PACKAGE SALES AT THE CVS STORE TO BE LOCATED AT 35 ARTA DRIVE, BEING LOT 3, BLOCK N, OF THE WESTLAKE ENTRADA SUBDIVISION. Director Edwards provided a presentation and overview of the item. Commissioner Lee opened the public hearing. � No one addressed the Commission. � Commissioner Lee closed the public hearing. MOTION: Commissioner Garvin made a motion to recommend approval of the special use permit. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. 4. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION REGARDING, Z-12-15-15, ZONING CHANGE APPLICATION, AMENDING ORDINANCE 691, THE ORDINANCE THAT AMENDED THE PD1 PLANNED DEVELOPMENT ZONING DISTRICT, CREATING AND REGULATING PD 1-1 PLANNING AREA. THE PROPERTY IS PARTIALLY DEVELOPED AND INCLUDES MULTIPLE PARCELS OF LAND INCLUDING THE PROPERTY COMMONLY KNOWN AS SOLANA. THE PROPERTY IS GENERALLY LOCATED SOUTH OF HWY 114 EXTENDING FROM DAVIS BLVD. EASTWARD TO THE TOWN BORDER, AND IS BOUNDED BY THE GRANADA SUBDIVISION TO THE WEST, AND GLENWYCK FARMS, CARLYLE, AND TERRA BELLA SUBDIVISIONS TO THE SOUTH. THIS IS A TOWN INITIATED AMENDMENT AND THE PROPOSED AMENDMENTS ARE LIMITED TO THE DEVELOPMENT REGULATIONS AND DO NOT CHANGE THE PERMITTED USES OR ALLOWED DENSITY WITHIN THE DEVELOPMENT. Director Edwards provided a presentation and overview of the item. P&Z Minutes 01/04/16 Page3of5 Commissioner Lee opened the public hearing. Brian Driesse, Equity Office, representing Solana, spoke in opposition of the amendment and requested a continuance for two to three months pursuant to his letter as provided in the agenda packet. Scott Simmons, 4325 Glenwood Avenue, Dallas, spoke in favor of the amendment and provided an overview of the Glenwyck and Granada developments. Neil McNabnay, 1815 Broken Bend Drive, spoke in favor of correcting the typographical error in the ordinance but believes that the intent was to create a buffer not to approve just a setback. Michael Grandfield, 1827 Broken Bend Drive, spoke in favor of correcting the typographical and welcomed additional discussions with the Solana owners. Yair Lotan, 1809 Broken Bend Drive, spoke in favor of correcting the typographical error in the ordinance. Christie Renda, 1804 Copperfield Court, spoke in favor of correcting the typographical error in the ordinance. Collin Stevenson, 1823 Broken Bend Drive, spoke in favor the typographical error in the ordinance. He does not agree that the wording should be a setback but buffer or greenbelt. Payton Mayes, 1715 Terra Bella Drive, also representing Blackstone, spoke opposition of the amendment requesting a continuance. Angela Bartholomae, 10806 Copperfield Court, submitted a speaker form in favor of the amendment, requesting not to speak. Discussion ensued regarding the proposed amendment terminology, staff interpretation of ordinance 691 (Director Edwards), and building requirements on a slope view shade area (Comp Plan). Commissioner Lee closed the public hearing. MOTION: Commissioner Goble made a motion to recommend approval of an amendment to Ordinance 691, to restore the 500 foot building setback for all areas of PD1-1 adjacent to residential property, near or adjoining Glenwyck Farms and Granada and removing the 500 foot building setback from the area known as Entrada. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. P&Z Minutes 01/04/16 Page4of5 5. ADJOURNMENT There being no further business to come before the Commissioners, Commissioner Lee asked for a motion to adjourn. MOTION: Commissioner Garvin made a motion to adjourn the meeting. Commissioner Groce seconded the motion. The motion carried by a vote of 5-0. Commissioner Lee adjourned the meeting at 7:12 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON FEBRUARY 15, 2016. ATTEST: Chairman, Tim Brittan Kelly Edwards, Town Secretary P&Z Minutes 01/04/16 Page5of5 ORDINANCE NO. 767 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 691, BY AMENDING THE DEVELOPMENT REGULATIONS FOR THE PLANNED DEVELOPMENT DISTRICT NO. 1, PLANNING AREA 1 ("PD1-1"); PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND MAHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, TeXas is a general law Town; and WHEREAS, Ordinance No. 200, as amended, the Comprehensive Zoning Ordinance for the Town of Westlake, was amended by ordinance 691, and WHEREAS, Planning Area 2 (PD 1-2) is now regulated by Ordinance 703; and WHEREAS, Planning Area 3 (PD 1-3) is now regulated by Ordinance 693; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, upon the recommendation of the Planning & Zoning Commission, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interest of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION L• That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Ordinance 691 section 7(c) is hereby amended to read as follows: C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition Ordinance 767 Page 1 of 6 No. 1, shall be: l. One hundred (100) feet from any public road, street or highway, eXcept far the building located immediately adjacent to the intersection of Sam School Road and Solana Boulevard, (southeast corner) for which building the setback shall be eighty (80) feet; 2. Two hundred (200) feet from State Highway 114; 3. Five hundred (500) feet from any residentially zoned lot except for residential lots located in PD 1-2, which is a mixed-use development; or 4. Otherwise setbacks shall be one hundred (100) feet for side yards and rear yards. Exception: Property containing existing buildings may be re-platted into lots with less than 100 foot setbacks if approved as part of a PD Site Plan approval. SECTION 3: That all section of Ordinance 691' not amended remain in full force an d effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: 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 Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs ar sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 767 Page 2 of 6 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF JANUARY 2016. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 767 Page 3 of 6 Exhibit A � � � _ -. - _ � �.,�_.-�. - -e. e- - � ----_. i ��, I� .T,e �� ,_.� . � �, , � `� �g � � r� , � �' q � '�� r ��f'� .� , � 1 � p �,�.f�A �� k `p �f I�� Y � � �� ..y _ _�. ~ �� -. {�� - �� ; ..-� �. ' e -_ _ �'�• I- -'--- _ - — '��• f, � �� .��.��r.�S.'� � '��' B � � e\ � ^ i�- - , ' w �� , � �' �`+� v �!� �' i� '� .�� r - ��, . , � �; s.�. � �r. - :� � � r�= � '� � ,� �"'�?� ��-�_ � � f t�1 � �''�. "��'#1� i - ',� f� Ir ,�� ..�- � y �� iI�J�� r,{' ; � � .,� � A� '�, �, � � � � YfX , ` '-i -- ��M'^_ ' �fi'- � � ' �� II 1 {"�j. � r I s � f , _- !'7'�� .. 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Ordinance 767 Page 6 of 6 Town Cou nci I Item # 11 — Future Agenda Items FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under "Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Council Member Rennhack - Discuss public / private partnership to attract retail, restaurants etc. to Entrada and other Westlake developments. Council Member Langdon — Discuss pet registrations and pet safety. Town Cou nci I Item # 12 — Adjournment Regular Session