HomeMy WebLinkAboutOrd 769 PD 3-5A Rezone a Portion of an Approximately 154-Acre Tract Located in Denton County a Portion known as The PD 3-5a Planning Area
TOWN OF WESTLAKE
ORDINANCE NO. 769
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF
THE TOWN OF WESTLAKE, TEXAS TO REZONE A PORTION OF AN
APPROXIMATELY 154-ACRE TRACT OF LAND GENERALLY LOCATED IN
DENTON COUNTY, TEXAS, BEING A PORTION OF THE PROPERTY KNOWN AS
THE PD 3-5A PLANNING AREA BY DEFINING THE BOUNDARIES OF THE PD 3-5A
PLANNING AREA; ESTABLISHING THE PERMITTED USES, DEVELOPMENT
STANDARDS, DENSITIES, AND DEFINITIONS; PROVIDING EXHIBITS SHOWING
THE BOUNDARIES, PROVIDING FOR AND A LEGAL DESCRIPTION; PROVIDING
FOR GENERAL REGULA TIONS; PROVIDING FOR DEVELOPMENT STANDARDS;
PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF
THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town; 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; including the Texas Open Meetings Act and the requirements of Texas Local
Government Code chapter 211; and
WHEREAS, on August 24, 1992, the Town Council (the "Council") of the Town of
Westlake, Texas (the "Town") adopted a Comprehensive Plan (the "1992 Comprehensive Plan")
for the Town; and
WHEREAS, on November 16, 1992, the Council adopted a Comprehensive Zoning
Ordinance (the "Zoning Ordinance"); and
WHEREAS, on September 15, 1997, based on the recommendations of the Planning and
Zoning Commission (the "Commission"), the Council amended the Zoning Ordinance and the
subdivision regulations by adopting a Unified Development Code (the "UDC") for the Town; and
WHEREAS, the Zoning Ordinance and subdivision regulations have been amended and
codified; and
WHEREAS, on March 2, 2015, the Town Council (the "Council") of the Town of
Westlake, Texas (the "Town") adopted an updated Comprehensive Plan (the "2015”
Comprehensive Plan") for the Town; and
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WHEREAS, there is located within the corporate limits of the Town an approximately 154
acre tract of land (to be referred to as PD 3-5A, Planned Development Zoning District 3, Planning
Area 5, and hereinafter sometimes referred to as the "Planning Area"); and
WHEREAS, due to improvements to State Highway 114, further urban growth throughout
the region, and other changed conditions that affect the region, the Town believes there are unique
and significant opportunities for office, retail and mixed-use development including owner-
occupied single family residential within the Planning Area that will be consistent with the Town's
long-term development vision; and
WHEREAS, the Commission has recommended to the Council that the hereinafter
described property be rezoned to "PD 3-5A" (Planned Development District 3, Planning Area 5A);
and
WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town are best served by
adopting this Ordinance, which the Council has determined to be consistent with the 2015
Comprehensive Plan - Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and
Sewer Plans, Drainage Plan, and Zoning Map all as amended.
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, having received the recommendation of the Planning & Zoning Committee,
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 1: That the recitals set forth above are hereby incorporated herein, adopted by
the Town and declared to be true and correct.
SECTION 2: That any person, firm or corporation violating any of the provisions or terms
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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 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas,
Ordinance No. 200, is hereby amended adding and adopting the Planned Development Ordinance
attached hereto as Exhibit “A” and incorporated herein which provides for Planned Development
District No. 3, Planning Area 5A, within the property described in Exhibit 1 of Exhibit “A”
attached hereto and incorporated herein by reference for all purposes and for Exhibits 1-8 attached
to Exhibit “A” and incorporated therein, and further provides in Exhibit “A” and attached Exhibits
“A 1-8 for Article I “General Provisions” providing for short title, purposes, definitions, use of PD
Supplement, applicability of Town regulations and general approval criteria, Concept Plan,
Development Plans, and Site Plans, and further provides in Article II “Uese” for land uses, .
accessory uses and structures, and further provides in Article III “Development Standards” for
density, minimum lot size, minimum lot width, maximum building height, minimum building size,
front yard setbacks and build to lines, rear yard setbacks, side yard setbacks, slope requirements,
and further provide in Article IV “Additional Mixed Use Development Area Standards” for
roadway standards, landscaping, lake edge, roofs, consistent first floor heights, street level entries
and openings, storefront spacing, street level facades, porches, sidewalk coverings, diversity of
uses, mid-block passages, paving materials, pedestrian accesses, and firther provide in Article V.
for exhibits .
SECTION 4: Upon the adoption of this PD, the Town Manager or his designee shall
promptly update the Town's Official Zoning Map, to include an amended Planned Development on
which entry shall include the abbreviated designation "PD No. 3-5A" and the date that this
Ordinance was adopted by the Council.
SECTION 5: It is hereby declared to be the intention of the Council, that sections,
paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the
same would have been enacted by the Council without the incorporation in this Ordinance of any
such unconstitutional phrase, clause, sentence, paragraph or section.
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SECTION 6: This Ordinance shall become effective upon its passage.
PASSED AND APPROVED ON THIS _____ DAY OF ____________ 20________.
_____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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Exhibit “A”
CIRCLE T PLANNING AREA 5A
ARTICLE I. GENERAL PROVISIONS
SECTION 1.1 SHORT TITLE.
This ordinance shall be known and may be cited as the "Circle T Planning Area No. 5 (PD 3-5A)",
or simply as the "PD Ordinance."
SECTION 1.2 PURPOSES.
This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for
increased recreation and/or open space opportunities for public use; to provide rural amenities or
features that would be of special benefit to the property users or community; to protect or preserve
natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills
and viewscapes; to protect or preserve existing historical buildings, structures, features or places;
and to provide an appropriate balance between the intensity of development and the ability to
provide adequate supporting public facilities and services.
SECTION 1.3 GENERAL DEFINITIONS.
Section 1.3.1 Usage. For purposes of this PD Ordinance, certain numbers, abbreviations, terms,
and words shall be used, interpreted and defined as set forth in this Section. Other terms and words
are defined elsewhere in other related town ordinances. Unless the context clearly indicates to the
contrary, words used in the present tense include the future tense, and words used in the plural
include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as
permissive.
Section 1.3.2 Words and Terms Defined.
Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that
are adopted by the Council and that are applicable to development within the PD District.
Council means the Town Council of the Town of Westlake, Texas.
Commission means the Planning and Zoning Commission of the Town of Westlake, Texas.
Floor Area means the total area of all floors of all buildings on a lot or unified development site
measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a
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separate structure (whether below or above grade) used for the parking of motor vehicles, (ii)
courts or balconies open to the sky, and (iii) roof area used for recreation.
Masonry means brick, stone, cast stone, concrete, glass block, split-face concrete masonry unit, or
other masonry materials approved by the Council.
Mixed Use Development Area means the areas within the PD District that are developed in
accordance with the Mixed Use regulations of this PD Ordinance.
Non-Residential Use means all Permitted Uses other than residential.
PD District means a Planned Development Zoning District. (i.e. PD3) A PD Zoning District may
be divided into multiple planning areas. (i.e. PD 3-5A; PD Zoning District 3, Planning Area 5A.)
The Planned Development Zoning District contains regulations that apply to all planning areas
within the zoning district, unless the PD Ordinance that created or amended the PD Planning Area
contains regulations that are different from those in the PD Zoning District.
PD Ordinance means this Planned Development Planning Area ordinance, including any approved
PD Concept Plan, PD Development Plan or PD Site Plan.
PD Planning Area means a planning area within a Planned Development Zoning District.
PD Supplement means that certain Circle T Planned Development Zoning District Supplement
contained in Ordinance No. 307 and adopted by the Council.
Town means the Town of Westlake, Texas.
UDC means the Town's Unified Development Code, as amended and codified.
SECTION 1.4 PD SUPPLEMENT.
Concurrently with the adoption of PD Ordinance No. 311, the Council adopted the PD Supplement.
The PD Supplement includes additional standards that are applicable within this PD District. The
PD Supplement establishes additional standards for the following: concept, informational,
development and site plans; signs; landscaping; roadway construction, parking and loading;
fencing; lighting; other special standards; and illustrations.
SECTION 1.5 APPLICABILITY OF EXISTING REGULATIONS.
Section 1.5.1 Applicable Town Ordinances. Except to the extent provided by an approved PD
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Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall
be governed by least restrictive of the "R" Retail or "O" Office Park zoning district standards and
the uses listed in Article II of this Ordinance.
Except to the extent provided by an approved PD Concept Plan, this PD Ordinance, and the PD
Supplement, the Applicable Town Ordinances shall also govern development within the PD
District. In the event of any conflict between (a) an approved PD Concept Plan, this PD Ordinance
and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent
of an approved PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except
as provided below, in the event of any conflict between the UDC and the Applicable Town
Ordinances, the terms, provisions and intent of the UDC shall control.
Section 1.5.2 General Approval Criteria. To the extent, if any, that the Applicable Town
Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Council, the
Commission, the Town Manager, or any other Town employee or consultant, the authority to
approve any aspect of development within the PD District (including, but not limited to,
preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based
on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or
with the objectives, goals or policies of such plans), then such authority shall be exercised to the
extent necessary to determine whether the aspect of development being approved is consistent with
an approved PD Concept Plan, this PD Ordinance, the PD Supplement.
SECTION 1.6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS.
Section 1.6.1 PD Concept Plan. A PD Concept Plan for this PD District shall be approved prior to
the approval of any development plans and site plans required by this PD Ordinance. The PD
Concept Plan shall comply with the Comprehensive Land Us Plan the Open Space and Trail Plan,
the Master Thoroughfare Plan, the Master Water and Sewer Plans, and the Master Drainage Plan of
the town and the UDC.
Section 1.6.2 PD Development Plans. PD development plans are required for development within
the PD District. The UDC governs the process by which PD development plans are submitted and
approved.
Section 1.6.3 PD Site Plans. PD site plans are required for development within the PD District.
Article I, Section 3.4, of the PD Supplement governs the process by which PD site plans are
submitted and approved (including, but not limited to, the submittal requirements, approval criteria,
and conditions).
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ARTICLE II. USES
SECTION 2.1 LAND USES.
Section 2.1.1 Land Use Schedule. Buildings, structures, and land within the PD District shall be
used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol
"X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that
the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the
UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a
main use (this does not exclude other land uses which are generally considered accessory to the
primary use). A blank square shall mean that the use is not allowed as a principal use.
PLANNING AREA 5 A - LAND USE SCHEDULE
PERMITED USES
A = Accessory Use
X = Permitted
S== Special Use
AGRICULTURAL USES
1. Plant Nursery (Growing) X
2. Plant Nursery (Retail Sales) X
3. Farms General (Crops) X
4. Farms General (Livestock, Ranch) X
5. Vegetarian (Indoor Kennels) X
6. Vegetarian (Outdoor Kennels)
7. Stables (Private Use) S
8. Stables (As a Business) S
1. RESIDENTIAL USES
9. Single Family Detached X
10. Single Family Attached - Zero Lot Line X
11. Single Family Attached X
12. Duplex
13. Condominium
14. Home Occupation X
15. Servants/Caretakers Quarters A
16. Temporary Accommodation for Employees/Customers/Visitors A
17. Swimming Pool (Private) A
18. Detached Garage (Private) A
19. Sport/Tennis Courts (Private) A
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PERMITED USES
A = Accessory Use
X = Permitted
S== Special Use
INSTITUTIONAL and GOVERNMENTAL USES
20. Emergency Ambulance Service X
21. Post Office (Governmental) X
22. Mailing Service (Private) X
23. Heliport
24. HelistopVerti-stop S
25. Telephone, Electric, Cable, and Fiber Optic Switching Station X
26. Electrical Substation S
27. Utility Distribution Lines 1 X
28. Utility Shop and Storage S
29. Water and Sewage Pumping Station (below grade) X
30. Water and Sewage Pumping Station (above grade) S
31. Water Storage Tank and Pumping Syste1n (Elevated or Above Grade) S
32. Water, Sewer, Electric, and Gas Meters X
33. Electric Transformers X
34. Private Streets/Alleys/Drives X
35. Retirement Home X
36. Nursing/Convalescent Home
37. Hospice
38. Hospital
39. Psychiatric Hospital
40. Clinic X
41. Child Daycare (Public; 7 or more) X
42. Child Daycare (Private; 7 or more) X
43. School, K-12 (Public or Private)
44. School (Vocational) A
45. College or University X
46. Community Center (Public) X
47. Civic Club X
48. Church or Place of Worship X
49. Use Associated with a Religious Inst. X
50. Government Building X
51. Police Station X
52. Fire Station X
53. Library X
54. Data Center X
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PERMITED USES
A = Accessory Use
X = Permitted
S== Special Use
COMMERCIAL USES
55. Offices (General) X
56. Studio X
57. Banks and Financial Institutions X
58. Information Processing X
59. Hotel/Motel X
60. Hotel/Motel with Conferencing Facility X
61. Laundry/Dry Cleaning (<3,000 S.F.) X
62. Laundry/Dry Cleaning (Drop/Pick) X
63. Parking Structures X
64. Shoe Repair X
65. Beauty Parlor/Barbershop X
66. Clothing Store X
67. Quick Copy/Duplicating Services X
68. Personal Services X
69. Liquor Store
70. Micro·brewery and Wine Production and Sales (<30,000 S.F.) S
71. Grocery (With alcoholic beverage sales) S
72. Convenience Store (with alcoholic beverage sales) S
73. Grocery X
74. Convenience Store X
75. Variety Store X
76. Bakery Sales X
77. Stationery and/or Book Store X
78. Antique Shop X
79. Art Gallery/Museums X
80. Hardware Store X
81. Sporting Goods X
82. Paint and Wallpaper X
83. Clothing Store X
84. Retail Stores – General (Excluding Second Hand Goods) X
85. Restaurant, Cafe or Dining Facility X
86. Restaurant, Cafe or Dining Facility serving alcohol S
87. Auto/Truck Parts and Accessories X
88. Household Furniture/Appliances (including Sales and Service) X
89. Farmer's Market S
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90. Feed Store
91. Parking Structure X
92. Cafeteria (Private) A
93. Job Printing, Lithography, Printing, or Blueprinting X
94. Vehicle Display and Sales (inside) X
95. Medical Laboratory A
PERMITED USES
A = Accessory Use
X = Permitted
S== Special Use
96. R&D Laboratory S
97. Conference Center X
98. Live Theater X
99. Motion Picture Theater X
100. Custon1 Business Services X
101. Electronic Appliances Store and Computer Sales and Service X
102. Tavern, Bar or Lounge S
103. Dance Halls/Nightclubs S
104. Golf Course (Public or Private) X
105. Park or Playground (Public or Private) X
106. Satellite Dish X
107. Non Commercial Radio Tower
108. Race Track Operation
109. Recreation Facility, Health Studio (Public) X
110. Country Club (Private Membership) X
111. Golf Clubhouse (Public or Private) X
112. Community Center (Private) X
113. Recreation Center (Private) X
114. Hike, Bike, and Equestrian Trails (Public or Private) X
115. Golf Maintenance Facility A
116. Golf Pro Shop X
117. Health/Spa Facilities (Private) X
118. Athletic Fields (Private) A
119. Athletic Courts (Private) A
120. Equestrian Center X
121. Athletic Courts (Public) A
122. Commercial Amusement (Inside) X
123. Lake Cruise/Water Taxi X
124. Truck/Trailer Rental S
125. Auto Body Repair
126. Auto Mechanical Repair S
127. Quick Lube/Oil Change
128. Vehicle Maintenance (Private) X
129. Vehicle Fueling (Private) S
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130. Warehouse/Storage (Inside)
131. Warehouse/Storage (Outside)
132. Scrap/Waste Recycling Collection and/or Storage
133. Gas/Chemical Bulk Storage
134. Light Manufacturing/Assembly S
135. Apparel Manufacturing
PERMITED USES
A = Accessory Use
X = Permitted
S== Special Use
136. Packaging and/or Distribution
137. Printing, Engraving and related Reproductive Services
138. Distribution of Books/Other Printed Material
139. Machine Shop
140. Welding Shop
141. Temporary Batching Plant S2
142. Temporary Construction Office X2
143. Temporary Construction Materials Storage X2
144. Temporary Sales Office X2
NOTES:
1. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private
utility distribution lines.
2. Limited to period of construction.
Section 2.1.2 Municipal Use. There shall be a two- acre municipal site reserved for a DPS/ Courts
use within the PD District.
Section 2.1.3 Residential Area. The maximum number of residential units allowed in this PD
District is 275 units. A construction schedule must be approved by the Town Council prior to or
simultaneous with the filing of a preliminary plat.
SECTION 2.2 ACCESSORY USES AND STRUCTURES.
An accessory use or structure which is customarily incidental to the principal use or structure, and
which is located on the same lot or tract of land, shall be permitted as an accessory use without
being separately listed as a permitted use.
ARTICLE III. DEVELOPMENT STANDARDS
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SECTION 3.1 DENSITY.
Section 3.1.1 Non-Residential Uses. The maximum aggregate floor area for all allowed non-
residential uses outside of a Mixed Use Development Area in this PD District is 1,010,000 square
feet.
Section 3.1.2 Mixed Use Development Area. The maximum aggregate floor area for all allowed
uses within a Mixed Use Development Area in this PD District is 350,000.
Section 3.1.3 Residential Uses. This PD may contain a maximum of 275 owner occupied, attached
or detached single family dwelling units.
SECTION 3.2 MINIMUM LOT SIZE.
Section 3.2.1 Residential area. The minimum lot size for all residential detached units is 5, 000
square feet. There are no minimum lot sizes for
Residential attached units.
Section 3.2.2 Mixed Use Development Area. There are no minimum lot sizes within a Mixed Use
Development Area except as described in Section 2.1above.
Section 3.2.3 Non-Residential Uses. The minimum lot size for Non-Residential Commercial and
Institutional uses outside a Mixed Use Development Area shall be 100,000 square feet.
SECTION 3.3 MINIMUM LOT WIDTH
Section 3.3.1 Residential uses. The minimum lot widths for residential detached units shall be 50
feet. There are no minimum lot widths for attached uses within a Mixed Use Development Area.
Section 3.3.2 Mixed Use Development Area. There shall be no minimum lot widths within a
Mixed Use Development Area, except as noted in Section 3.1.
Section 3.3.3 Non-Residential. The minimum lot width for non-residential uses outside of a
Mixed Use Development area uses outside of a Mixed Use Development Area shall be 200 feet.
SECTION 3.4 MAXIMUM BUILDING HEIGHT.
Section 3.4.1 Mixed Use Development Area. The maximum height for all structures within a
Mixed Use Development area shall be six (6) stories or 90 feet, but not to exceed a height of 735
feet above Mean Sea Level (MSL). The following additional standards apply:
A. Adjacent buildings within the same block must be varied in height; however, the height
differential between buildings cannot exceed two (2) floors.
B. Heights are measured from the sidewalk to the top of the parapet or roof eave.
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C. Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run.
D. Attic space under the roof may be occupied.
E. Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than
16 feet above the parapet or eave line.
Section 3.4.2 Residential Uses. The maximum height for all residential structures outside of a
Mixed-Use area is 35 feet.
Section 3.4.3 All Uses Outside a Mixed Use Development Area . The maximum height for all
structures shall be the lesser of eight (8) stories or 735 feet above Mean Sea Level (MSL). Adjacent
buildings within the same block must be varied in height; however, the height differential between
buildings cannot exceed four (4) floors.
Section 3.4.4 Exceptions to Height Requirements. The height limits imposed by this Section
shall not apply to (a) chimneys and vent stacks, church spires, towers, cupolas, sloped roofs, entry
features, skylights, or other architectural features that are not intended for occupancy or storage; (b)
flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and
similar equipment, fixtures and devices provided such equipment, fixtures, and devices are
screened from view with a solid wall that is architecturally consistent with the design of the
building to which they are attached.
SECTION 3.5 MINIMUM BUILDING SIZE.
The minimum residential dwelling unit size shall be 1, 500 square feet. The minimum building size
for all other uses shall be 5,000 square feet.
SECTION 3.6 FRONT YARD SETBACKS AND BUILD TO LINES.
Section 3.6.1 Mixed Use Development Area. There shall be a 15 foot minimum build to line for
attached residential uses in a Mixed Use Development area. Detached residential shall have a 20
foot minimum front yard setback. There are no minimum front yard setbacks for other uses in a
Mixed Use Development area except that sidewalk zones and landscaping will be consistent with
the PD supplement.
Section 3.6.2 Uses outside a Mixed-Used Development Area. The minimum front yard for non-
residential uses not within a Mixed Use Development Area shall be 50 feet. Detached residential
uses shall have a 20 foot minimum front yard setback.
SECTION 3.7 REAR YARD SETBACKS.
There are no minimum rear yard setbacks for uses within a Mixed Use Development Area. The
minimum rear yard for all uses outside of a Mixed Use Development Area shall be 20 feet.
SECTION 3.8 SIDE YARD SETBACKS.
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Section 3.8.1 Mixed Use Development Area – Residential Attached. Each attached single
family dwelling shall have only one five-foot wide side yard. The side yard requirements shall
apply to only one side yard of the first and last attached houses in each set of attached houses.
Section 3.8.2 Mixed Use Development Area - Residential Detached. The side yard
requirements for residential detached units shall be 10 feet.
Section 3.8.3 Non-Residential Uses in a Mixed Use Development Area. There shall be no side
yard setback requirements for any non-residential uses within a Mixed Use Development Area.
There shall be no side yard setback requirements for any other uses within a Mixed Use
Development Area.
Section 3.8.4 Non-Residential Uses not in a Mixed Use Development Area. The minimum side
yard for non-residential uses not in a mixed use development area shall be 25 feet.
SECTION 3.9 SLOPE REQUIREMENTS.
The regulations contained in the Code of Ordinances or UDC relating to building heights and
setback requirements based on a slope measured from a roadway or a residential use does not apply
to development within this planning area.
ARTICLE IV. ADDITIONAL MIXED USE DEVELOPMENT AREA STANDARDS
SECTION 4.1 ROADWAY STANDARDS.
The general roadway standards applicable within a Mixed Use Development Area are established
by the drawings labeled "Mixed Use Development Area Roadway Standards". Street sections for
such roadways (including on- street parking) are illustrated on Exhibits 3 through 7.
SECTION 4.2 LANDSCAPING.
All landscape requirements for this PD District are established in: (i) the Roadway Standards of
this ordinance (See Exhibits 3 through 7); ( ii) the Lake Edge Standards ( See Exhibit 8); and iii)
the PD Supplement. In the event that any landscaping standard is not addressed by (i), ( ii) or iii)
above, then the landscaping standards contained in the UDC shall apply.
SECTION 4.3 LAKE EDGE.
The standards applicable to the development of the Lake Turner shoreline are it lustrated on
Exhibit 8.
SECTION 4.4 ROOFS.
Commercial roofs will be predominantly flat with sloped roof architectural features. Residential
roofs will be predominantly sloped with flat accent roofs. Sloped roofs will not have a height to
length ratio greater than 8:12. Curved roofs will be no taller than 16 feet above the plate or cornice
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line. All mechanical units must be screened from view.
SECTION 4.5 CONSISTENT FIRST FLOOR HEIGHTS.
Above a given block, the first floor heights should be similar in adjacent buildings, particularly as
reflected in the exterior spandrel between the first and second floor. On commercial streets, the
heights of the first floors and adjacent buildings should not vary by more than one foot. Likewise,
heights of canopies and colonnades covering the sidewalks should match from building to building
along a given block front, with a maximum height of 14 feet.
SECTION 4.6 STREET LEVEL ENTRIES AND OPENINGS.
Commercial entries along the street should be recessed at least two feet from the building face.
Residential entries may be recessed or may be covered with a protective rain covering such as
awnings and canopies.
SECTION 4.7 STOREFRONT SPACING.
At least one building entry or passage shall occur every 25 feet on average in any block, but no
further than 40 feet apart along any commercial facade.
SECTION 4.8 STREET LEVEL FACADES.
Blank stretches of street level, street facing facades (those without windows or entries) should be
minimized; however, stretches of ten feet are acceptable. Blank stretches between ten feet and 20
feet are permissible, but should be limited. Blank stretches over 20 feet are not allowed.
SECTION 4.9 PORCHES.
Where first floors are used for residential purposes, first floor porches must be elevated at 18
inches above the sidewalk.
SECTION 4.10 SIDEWALK COVERINGS.
Canopies and colonnades are permitted and encouraged.
SECTION 4.11 DIVERSITY OF USES.
Diversity of uses is encouraged throughout a Mixed Use Development Area. Mixing uses vertically
within buildings is also encouraged.
SECTION 4.12 MID-BLOCK PASSAGES.
Mid-block passages which connect the street to the interior of blocks and the parking therein are
encouraged. These passages may be enclosed or open air, but must remain open to public passage.
These passages should be enhanced with landscaping. Pedestrian circulation should be encouraged
and enhanced.
SECTION 4.13 PAVING MATERIALS.
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Roadways and parking lots will be concrete, asphalt, with brick, stamped concrete, paver or stone
crosswalks and concrete curbs. Entire sections of important roadways may be brick. Sidewalks
shall be concrete and/ or brick. Other paved areas, such as courtyards and plazas, may be brick,
concrete, or stone, as appropriate.
SECTION 4.14 PEDESTRIAN ACCESSES.
Pedestrian access must be maintained throughout the PD. All buildings and open space must be
joined by sidewalks that follow the standards established in the PD Supplement, the UDC and the
Trails and Open Space Plan. Sidewalks are also required to link recreational and entertainment uses
to parking areas.
ARTICLE V. EXHIBITS
EXHIBIT 1 Legal Description of PD District
EXHIBIT 2 Mixed Use Development Area Maximum Building Height View-shed Analysis
Mixed Use Development Roadway Standards
EXHIBIT 3 Street" A"—Primary Road
EXHIBIT 4 Street` B"—Town Square
EXHIBIT 5 Street" C"— Perimeter Road
EXHIBIT 6 Street" D"— Interior Road
EXHIBIT 7 Street" E"— Service Lanes
EXHIBIT 8 Lake Edge
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Exhibit 1
DESCRIPTION 5A, Tract 1
BEING a certain tract of land situated in the Richard Eads Survey, Abstract Number 393, the
Jesse Sutton Survey, Abstract Number 1154, and the J. Bacon Survey, Abstract Number 1565,
Denton County, Texas and being part of that tract of land described by deed to Westlake Retail
Associates, LTD. recorded in Instrument Number 98-R0118649, Official Public Records Denton
County, Texas and being more particularly described by metes and bounds as follows:
BEGINNING at the northeast corner of said Westlake Retail Tract;
THENCE S 17°23’44”W, 329.22 feet;
THENCE with said curve to the right, an arc distance of 225.55 feet, through a central angle of
72°36’05”, having a radius of 178.00 feet, the long chord which bears S 53°41’47”W, 210.76
feet;
THENCE S 89°59’49”W, 2082.87 feet;
THENCE with said curve to the left, an arc distance of 610.57 feet, through a central angle of
33°57’51”, having a radius of 1030.00 feet, the long chord which bears S 61°39’47”W, 601.67
feet;
THENCE S 33°22’07”W, 762.52 feet;
THENCE N 56°49’29”W, 274.51 feet;
THENCE S 00°36’27”E, 72.88 feet;
THENCE N 89°09’16”W, 296.16 feet;
THENCE N 34°40’58”E, 368.29 feet;
THENCE S 75°40’04”E, 65.50 feet;
THENCE S 89°39’43”E, 41.37 feet;
THENCE N 03°17’07”E, 181.84 feet;
THENCE with said curve to the right, an arc distance of 3328.05 feet, through a central angle of
67°01’44”, having a radius of 2844.79 feet, the long chord which bears N 70°21’27”E, 3141.49
feet;
THENCE S 75°49’09”E, 137.98 feet;
THENCE S 75°16’22”E, 75.82 feet;
THENCE S 67°10’21”E, 317.59 feet;
THENCE S 00°31’47”E, 57.12 feet;
THENCE S 75°23’25”E, 42.78 feet to the Point of Beginning and containing 2,302,827 square
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feet or 52.87 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
DESCRIPTION 5A, Tract 2
BEING a certain tract of land situated in the Richard Eads Survey, Abstract Number 393, the
Jesse Sutton Survey, Abstract Number 1154, and the J. Bacon Survey, Abstract Number 1565,
Denton County, Texas and being part of that tract of land described by deed to Westlake Retail
Associates, LTD. recorded in Instrument Number 98-R0118649, Official Public Records Denton
County, Texas and being more particularly described by metes and bounds as follows:
COMMENCIN at the northeast corner of said Westlake Retail Tract;
THENCE S 17°23’44”W, 476.68 feet to the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 783.77 feet, through a central angle of
17°32’30”, having a radius of 2560.00 feet, the long chord which bears S 08°37’29”W, 780.71
feet;
THENCE S 00°08’46”E, 87.08 feet to the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 159.11 feet, through a central angle of
08°57’34”, having a radius of 1017.50 feet, the long chord which bears S 04°20’01”W, 158.95
feet to the POINT OF BEGINNING;
THENCE continuing with said curve to the right, an arc distance of 509.18 feet, through a
central angle of 28°40’19”, having a radius of 1017.50 feet, the long chord which bears
S 23°08’58”W, 503.88 feet;
THENCE with said curve to the left, an arc distance of 389.64 feet, through a central angle of
18°52’45”, having a radius of 1182.50 feet, the long chord which bears S 28°02’45”W, 387.88
feet;
THENCE N 00°46’40”W, 285.95 feet;
THENCE N 89°52’40”W, 803.58 feet;
THENCE S 01°45’09”E, 315.41 feet;
THENCE N 89°55’57”W, 630.71 feet;
THENCE N 76°17’08”W, 209.46 feet;
THENCE N 41°18’25”W, 569.86 feet to the beginning of a non-tangent curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 128.76 feet, through a
central angle of 03°55’08”, having a radius of 1882.50 feet, the long chord which bears
N 88°08’17”E, 128.73 feet;
THENCE S 89°54’10”E, 898.42 feet;
THENCE N 75°29’58”E, 1406.35 feet to the Point of Beginning and containing 884,076 square
feet or 20.30 acres of land more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground
survey, and is not to be used to convey or establish interests in real property except those rights and
interests implied or established by the creation or reconfiguration of the boundary of the political
subdivision for which it was prepared."
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Exhibit 1, cont.
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EXHIBIT 2
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EXHIBIT 2, cont.
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EXHIBIT 3 Street" A"—Primary Road
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EXHIBIT 4 Street` B"—Town Square
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EXHIBIT 5 Street" C"— Perimeter Road
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EXHIBIT 6 Street" D"— Interior Road
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EXHIBIT 7 Street" E"— Service Lanes
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EXHIBIT 8 Lake Edge
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