HomeMy WebLinkAboutSupplemental Packet documentsTOWN OF WESTLAKE, TX
STAFF REPORT TO PLANNING AND ZONING COMMISSION
AND TOWN COUNCIL
Date: 2/19/16
Request: Review and Recommendation of a Zoning Change Request.
Agenda Item: Conduct a Public Hearing and Consider a Recommendation Regarding a Zoning
Change Request to Amend “Planning Area 5,” a Portion of Planned Development District 3 (PD 3-5),
Located along State Highway 170 and State Highway 114, by Dividing Said Planning Area into Two
(2) New Planning Areas to be Known as PD 3-5A and PD 3-5B and Establishing Development
Regulations, Permitted Uses, and Allowable Densities for Both Planning Areas. Additionally, 336,000
square feet of allowed density will be transferred from PD 3-3 to the PD 3-5 Planning area.
I. CASE INFORMATION
Development Name: Project Blizzard
Location: This property is generally located at the intersection of State Highway 170 and State
Highway 114, part of the Circle T Ranch in the PD3-5 Zoning District.
Owner: Hillwood Properties
Applicant: Joe Schneider, Vice President, Hillwood Properties
Developer: Hillwood Properties
Site Size: 153 (+/-) acres
Permitted Use(s): Existing uses include Mixed-Use, Office, and certain Single Family Residential
Uses. See Ordinance 452 (attached) for a complete listing.
Summary: This is an application by the property owner, Hillwood Properties, to amend the zoning of
the Planning Area 5 portion of Planned Development District 3 (PD3-5), a 153 acre (+/-) tract located
at the intersection of SH170 and SH114 on the Circle T Ranch. The owner and applicant are
requesting that PD 3-5 be amended as follows:
1. Divide the PD 3-5 Planning Area to create two (2) separate Planning Areas, to be identified as PD
3-5A and PD 3-5B as shown on the map below. Existing allowable building square footages to be
divided between the two areas. It should be noted that PD3-5A has two (2) parts with the
southern portion being creek/drainage areas near Lake Turner (currently undevelopable without
extensive fill and FEMA/Corps of Engrs. Regulation).
2. Increase maximum allowable building square footages for both proposed Planning Areas while
reducing the maximum allowable building square footage in PD 3-3 by an equal amount. The
proposed amendment does not change the aggregate maximum allowable building
square footage on the Circle T as a whole (PD3).
3. Amend the maximum allowable building heights for the PD 3-5A and PD 3-5B Planning Areas
4. Amend the Development Standards for the PD 3-5A and PD 3-5B Planning Areas.
5. No new uses are requested in this application, only the changes to the existing uses cites
above. The apartment use discussed in November with the Commission is not included in this
Zoning Change Request.
The property owner has filed this particular Zoning Change Request as part of Project Blizzard, which
involves the construction of a major corporate office campus for the Charles Schwab financial
services firm on the proposed PD 3-5B tract, as well as a mixed-use development including office,
retail, hotel, and residential components on the proposed PD 3-5A tract (see attached location map).
Previous Activity Related to this Request: The applicant made a presentation on this proposed
development at the Commission’s November 9, 2015 meeting and advised that this development
would include a significant corporate office campus for a major financial services company. In
addition, the applicant’s client believed there was a need to have a “live/work/play” type environment
near their office campus. To that end, the client had requested that a mixed use development be co-
located immediately north of their office campus complex that included 750 “urban living” (i.e. multi-
family or apartments) units.
The Applicant next filed a zoning change request, without requesting the urban living use, which
would have been a new use as PD3-5 does not have multi-family as a permitted use. The case was
scheduled for public hearing before the Commission and Town Council in December 2016. However,
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this zoning change application, while containing many of the same components as cited above in
terms of existing uses, was withdrawn by the applicant before it was heard by either body.
II. SPECIFICS OF THIS ZONING CHANGE REQUEST
The current permitted uses in PD3-5 (established in Ord. 452, 2004) are:
• Mixed Use
• Includes retail, hotel, restaurant, office, and residential (275 Single Family Residential,
Attached & Detached)
• Maximum aggregate floor area of 1,305,060sf (All Uses within Mixed Use Area)
• Mixed Use is defined by high lot coverage, minimal setbacks, pedestrian friendliness,
and a variety of uses in close proximity to one-another
• Office/Commercial/Government/Institutional
• Maximum aggregate floor area of 884,505sf (Outside of Mixed Use Area)
• Residential
• Limited to 275 Single Family Residential (SFR) dwelling units
• Permitted Attached (i.e. townhomes) or Detached
Overall, the owner and applicant are requesting that PD 3-5 be amended as follows:
1. Divide the PD 3-5 Planning Area to create two (2) separate Planning Areas, to be identified as
PD 3-5A and PD 3-5B. Existing allowable building square footages to be divided between
these two areas.
2. Increase maximum allowable building square footages for both proposed Planning Areas 3-5A
and PD3-5B while reducing the maximum allowable building square footage in PD 3-3 by an
equal amount. The proposed amendment does not change the aggregate maximum
allowable building square footage in Planned Development District 3 (The Circle T
Ranch).
3. Amend the maximum allowable building heights for the PD 3-5A and PD 3-5B Planning Areas
as follows:
4. Amend the Development Standards for the PD 3-5A and PD 3-5B Planning Areas
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The property owner has filed this request as part of Project Blizzard, which involves the construction
of a major corporate office campus for the Charles Schwab financial services firm on the proposed
PD 3-5B tract, as well as a mixed used development including office, retail, hotel, and residential
components on the proposed PD 3-5A tract (see attached location map). It should be noted that
Roadway & Residential Slope Requirements would not apply to proposed PD3-5A or PD 3-5B
because the developer desires to create a pedestrian friendly environment incorporating mixed use
into the design idea.
Staff recommends that, if approved, this zoning request would be implemented by three (3)
separate proposed ordinances as follows:
Ordinance 768 modifying PD 3-3 would:
1. Reduce the maximum allowable building square footage in PD-3 by an amount equal to the
increase in maximum allowable building square footage in PD 3-5A and PD 3-5B. This makes
PD3-3 the “sending district” in terms of square footage being sent from this district to the new
PD3-5A.
Ordinance 769 creating PD 3-5A would:
1. Establish the boundaries of the new Planning Area
2. Establish new limits on allowable square footage for permitted uses
3. Establish new limitations on building heights
4. Amend existing Mixed-Use development regulations/standards
Ordinance 770 creating PD 3-5B would:
1. Establish the boundaries of the new Planning Area
2. Establish allowable square footage for permitted uses
3. Eliminate all residential uses and mixed-use development standards
4. Specify maximum allowable building heights
5. Authorize signage regulations specific to the PD 3-5B Planning Area
Note that permitted uses in this proposed Planning Area PD3-5B are identical to existing permitted
uses in PD 3-5, with the exception of Number #3 (residential and mixed use) listed above.
A summary of the square footage transfer that would be affected by the approval of these three (3)
proposed ordinances is as follows:
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Note that existing zoning entitlements contained in PD 3-5 include office and various
retail/commercial uses, as well as 275 residential dwelling units (i.e. single family attached, detached,
and zero lot lines, examples- townhomes, garden homes; see below). This zoning amendment
request does not add new uses or change or modify existing residential entitlements, except
to the extent that residential uses and mixed-use development standards are restricted only to
the PD 3-5A Planning Area, i.e. residential uses and mixed-use development standards would
not be permitted uses in PD3-5B (which is the proposed office campus area for Schwab).
III. GENERAL DISCUSSION OF THE APPLICATION
Highlights of Alignment With Comprehensive Plan: The proposed uses are consistent with
the Town’s Comprehensive Plan. A discussion of some of the main areas of Comprehensive
Plan focus follows, after which is a more detailed analysis of compliance with the
Comprehensive Plan.
• Land Use and Development Square Footage: The additional square footage transferred
from PD 3-3 to PD 3-5 is generally consistent with the intent and recommendations of the
Comprehensive Plan Elements regarding not increasing overall entitlements in Westlake, but
allowing, where it is concert with the Comprehensive Plan. for entitlements to be transferred
from one planning area or district to another, i.e. from sending to receiving zones. It is
recommended and encouraged that future further transfers of non-residential square footage
be taken from PD3-3.
• View Sheds & Corridors: The building height additions requested are generally consistent
with the intent and recommendations of the Comprehensive Plan elements, i.e. view shade
and view shed zones. The location of the development is north of areas of the Town
characterized by hilly topography, i.e. residential views of this site from the south of this
development will be blocked by hills located just south of the Blizzard development.
• Transportation: Site fits with the Thoroughfare Element of the Comprehensive Plan. Road
infrastructure within the site would be the construction responsibility of the developer. At the
time of submission of a PD site plan a transportation impact study will be required whereby the
development’s on-site and off-site traffic impact will be determined. Off-site traffic impacts will
be assessed in accordance with Comprehensive Plan Policy B.2 which states defines traffic
loads that would require off-site street improvements attributable to a particular development.
• Utilities: Water and sewer utilities are provided by the Town and service is available to the
subject site. Any dedication of water and sewer easements for public lines will be dealt with at
the time of site plan and/or preliminary plat submission.
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• Site Design/Drainage: A PD site plan will be required at the time of proposed development
along with a preliminary plat which will establish storm drainage requirements for the site. The
building massing plan that the applicant has prepared to date (it is not final, but shows
preliminary placement of buildings and parking, utilizes the site’s natural beauty with its
adjacency to Lake Turner.
• Trails/ Pedestrian Circulation and Open Space: Comportment with these elements of the
Comprehensive Plan will be made at the time of PD Site Plan submission, including parkland
dedication requirements.
• Economic Development Element: Proposed development fits the Economic Development
Element of the Comprehensive Plan by developing “industry clusters”, in this case financial
services business addition to this existing industry cluster, to expand Westlake’s tax base.
Note: More detailed analysis of this Zoning Change Request with the Town’s
Comprehensive Plan is in Attachment A to this Staff Report.
IV. STAFF RECOMMENDATIONS
Staff recommends that the Planning & Zoning Commission forward the following Ordinances to
the Town Council with a recommendation for approval:
• Ordinance 768 modifying PD 3-3 as the “sending district” transferring certain
office/commercial square footage to PD 3-5A and B as outlined in this proposed
ordinance.
• Ordinance 769 creating PD 3-5A from PD3-5 with proposed development standards
and accommodating the increased development square footage for certain existing
uses coming from PD3-3 as outlined in the proposed ordinance.
• Ordinance 770 creating PD 3-5B from PD 3-5 with proposed development standards
and accommodating the increased development square footage for certain existing
uses as outlined in the proposed ordinance.
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Attachment A to Feb. 19, 2016 Project Blizzard Staff Report
(Note: the following evaluation is not made from a PD Concept or Site Plan, which will be submitted at
a latter point in the process. Rather, this analysis is made from the presentation made by Hillwood to
the P&Z on Nov. 9, 2015)
I. STAFF REVIEW COMMENTS RELATIVE TO COMPLIANCE WITH THE
RECOMMENDTIONS AND INTENT OF THE COMPREHENSIVE PLAN
1. General:
a. General intent of Citizen Goals and Priority Statements as documented in the
Comprehensive Plan: The Forging Westlake 2015 Comprehensive Plan identifies 19
goals, supported by priority statements which flow from those goals. The goals include:
i. Views, Visual Image, and Preservation seek preservation of present vistas of
naturalness, pastoral/ agricultural character/ sense of openness.
ii. Quality of Life, Seeks preservation of “slow paced Life style”
iii. Urban Form, Development Form seeks to create a holistic town form, town
center, town linkages, protection of residential areas from commercial
encroachment, and greater levels of amenity.
iv. Accessibility, Vehicular Circulation/ Traffic, and Alternate Modal Movement seeks
connectivity, functionality, and capacity in the trail and roadway network as well
as containing major traffic increases in the northerly portions of the Town. In
addition, reduce vehicular trips and promote pedestrian safety.
v. Land Use seeks to clearly separate residential and commercial areas in ways
that reinforce single family values and neighborhoods.
vi. Value/ Financial Sustainability seeks to increase the ad valorem base and
thereby continue to serve the Town’s financial needs.
vii. Academy Sustainability and Education seeks to meet the future educational
needs of the Town population and make Westlake a major educational center.
viii. Waterways/ Waterbodies/ Natural Systems seeks to create more and more
usable water amenities for the Town of Westlake.
ix. Infrastructure/ Public Facilities have infrastructure and emergency facilities to
assure the continued health and safety of the Town’s full-time and day-time
population.
x. Environmental Sustainability and Conservation seeks to promote water
conservation and environmental preservation.
xi. Parks/ Recreation seeks to establish distinctive recreational and park
opportunities.
These goals guide the formulation of the Comprehensive plan elements listed below.
The proposed Blizzard Development is consistent with many of these goals as follows:
b. Application compliance with Citizen Goals and Priority Statements as
documented in the Comprehensive Plan:
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COMPREHENSIVE
PLAN GOALS Pl
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Views
YES NA YES
Density placed in a receiving
area and transferred from a
sending area
Visual Image
YES NA YES
Reduction of density toward
Dove Road through
importation and
establishment of distinct
project identity.
Quality of Life
NO NA YES
Reduction of commercial
development in close
proximity to single family
residential
Preservation
YES NA YES
Density placed in a receiving
area and transferred from a
sending area; Turner Lake
maintained/ enhanced
Urban Form YES YES YES Gathers commercial
entitlement to the north
Development Form
YES NA NA
Could makes edge of Lake
Turner available to Public
Use
Accessibility YES NA NA Provides place of Regional
Trail Convergence
Vehicular Circulation/
Traffic
YES/NO NA NA
Use of Ottinger as southerly
access links commercial
traffic directly to Dove Road
in later phases this could
mean more cars. Elimination
of high trip volume Mall use
may reduce trips, overall. A
TIA should be performed to
confirm this statement.
Alternate Modal
Movement YES YES YES Mixed use reduces trips. Trail
connections present.
Land Use
NA YES/NO YES
Does not encourage home-
ownership within the
development but does protect
existing single-family areas
through transfer of
commercial square footage.
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Value/Financial
Sustainability YES YES YES Captures full value potential
in development intensity
Academic Sustainability
NA YES NA
Enrollment impacts on
Westlake Academy do result
from SFR development as
per previous Town studies.
Education NA NA NA
Water Ways/ Water
Bodies/ Natural Systems YES YES YES Turner Lake Edge could be
developed for pedestrian use
Infrastructure and Public
facilities NO NA NA
No provision of public
emergency facilities or over
sizing of public utilities.
Environmental
Sustainability and
Conservation
NO NO NO
No inherent water
conservation measures
presented
Parks and Recreation YES NA NA Major public gathering space
presented
2. The Thoroughfare Plan:
a. General Intent of the Thoroughfare Plan: The Thoroughfare Plan establishes a
coherent traffic system which anticipates the trip generation potential of Town build-out
to 70% of entitlement. In addition, the Thoroughfare Plan:
i. Establishes a north-south/ east-west street network system with capacity to
accommodate 70% buildout of entitlement.
ii. Mitigates limitations to Freeway/ Interchange capacity due to regional traffic flows
iii. Improves Town connectivity between live, work, shop, entertainment, and
amenity.
iv. Establishes a framework for growth that more evenly distributes commercial
value and protects residential values
v. Accommodates pedestrian and bicycle movement
vi. Diverts a substantial portion of the commercially generated traffic from residential
segments of Dove Road
vii. Identifies Design Focus and Special Consideration points within the proposed
system.
viii. Establishes a Town-wide Street Typology
b. Application compliance with the Thoroughfare Plan:
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THOROUGHFARE
PLAN St
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North-south/ east-west
street network
YES NA YES
Provides Regional Arterial as
illustrated on the Thoroughfare
Plan and sets up extension
westward as per the
Thoroughfare Plan. Shifts
Ottinger connection as indicated
by thoroughfare plan to east side
of Lake Turner to be addressed
at at a future date
Mitigate limitations to
Freeway Interchange
capacity
NO NA NO
Mitigation of Freeway limitations
is dependent on off-site
thoroughfare connections. Later
phases may encounter LOS
impacts without such
connections. Initial phases
should work with streets shown
but a TIA is needed.
Presentation does not show
SH114 ramp from the north as it
connects to the existing service
road…ingress/ egress study
needed to understand regional
and local traffic flow along
service road as it relates to
development.
Town Connectivity
YES YES YES
Sets up connection with
Presentation identified off site
street extensions, provides trail
connections to major amenity
features and commercial/ work
elements, and integrated live
work related land uses.
Framework for growth
YES NA NA
Transfer the major places of
development value away from
the freeway service road to
internal streets, thereby setting
up pattern for continuation of
such non-freeway fronting
development. Development
capture is not ties to freeway but
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moves into the Town fabric.
Pedestrian and bicycle
movement YES YES YES
Presentation appears to connect
regional trails to work and
entertainment destination as well
as primary lake front amenity.
Divert from Dove
POTENTIAL YES NA
Requires off-site system
connections to prevent traffic
from using Ottinger to Dove as
the non-service road route.
Mixed Use reduces trips which
relieves traffic on Dove.
Resolves points of
Design Focus/ Special
Consideration
NO NA NA
The issue of Design Focus #1
(as identified on the
Thoroughfare Plan) is not
affected by the thoroughfare
proposed, thereby pushing
resolution of this issue to the
east side of Lake Turner.
Establish Town wide
Street Typology
YES NA NO
Plan implements the Regional
Road Connection to 114. The
street ROW for the Regional
Road needs to match Comp
Plan (no scale or design
provided at this point).
3. The Land Use Plan:
a. General Intent of the Land Use Plan: The intent of the Land Use Plan is to create a
fabric of Community Types that:
i. Protects and coincide with the 5 view conditions (Vista Points, Vista Termini,
View Shade, View Shed, and View Corridors)
ii. Establishes a desired built character of the community type that guides density
re-distribution
iii. Establishes a desired land use dominance of the community type
iv. Aggregates value to support the Town’s Ad valorem base requirements. Promote
attainment of threshold entitlement buildout while still supporting the view
protection goals.
v. Facilitates and encourages re-distribution of development square footage
through transfer and not upzoning.
vi. Conceals vertical disruption, ground plane augmentation and form deviations
associated with more intense development densities.
vii. Minimizes displacement of important natural fabric.
viii. Coincides with identified sending and receiving areas
b. Application compliance with the Land Use Plan:
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LAND USE PLAN Si
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COMMENTS
Protects/ coincide with
the associated view
condition YES NA YES
Lies in a View Shade Zone
concealed by land promontory
north of Westlake
Academy…and RC-D district
Establish desired built
character for the
Community Type
YES YES NA
Lies in a Regional Commercial
District, which is the most
intense commercial district
designation in the Land Use
Plan. Includes structured
parking, taller buildings, and
active building-to-street
relationships.
Establish desired land
use dominance for the
Community Type
NA YES NA
Commercial dominance.
Commercial aggregation is
“deemed a land use objective”
when it promotes lowering
density in a view sensitive
zone. Commercial
development is regionally
associated, attracting trips
related to its 114 association.
Aggregates value,
promotes attainment of
threshold ad valorem
YES YES NA
Corporate headquarters that
will create substantial industrial
cluster capable of stimulating
vertical and horizontal
expansion which will attract
more aggregation of
commercial use. Establishing
commercial cluster creates
value center for Town.
Facilitates, encourages
redistribution through
transfer
YES YES YES
Development flexibility
accommodates the more
intense development needs of
a corporate center and
encourages continued
importation of development
square footage from sending
areas.
Conceals vertical YES NA NA Pedestrian street and
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disruption, ground plane
augmentation, and form
deviations of intense
development
significant central open space
as well as lake edge
development creates a
meaningful ground plane
which is supported by building
placement.
Minimizes displacement
of important natural
fabric
YES NA YES
Located on lower ground
below the more complex
natural settings to the south.
Contains an appropriate level
of lake edge development that
does not over develop the
natural asset.
Coincides with identified
sending and receiving
areas
YES NA YES
Conforms to the RC-D area
configuration.
4. The Economic Development Plan:
a. General Intent of the Economic Development Plan: The intent of the Economic
Development Plan is to promote a robust economic environment for Westlake through:
i. Supporting attainment of a sustainable and adequate Ad valorem base.
ii. Promoting and furthering attraction of, or providing for, Corporate Headquarters
to Westlake.
iii. Promoting and/ or providing specialty retail
iv. Facilitating and enhancing ability for targeted recruitment
v. Facilitating and contributing to industrial cluster formation.
vi. Providing for infrastructure extension to desired areas of future development,
facilitating circulation, and providing for information dissemination.
vii. Providing locational value for development in close proximity.
viii. Enhancing Town identity.
ix. Providing increased amenity.
x. Providing desirable associations.
xi. Enhancing education.
xii. Supporting a rational land use context.
xiii. Supporting corporate retention.
xiv. Supporting employee retention.
xv. Implementing opportunities for office-driven mixed use.
b. Application compliance with the Economic Development Plan
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ECONOMIC
DEVELOPMENT PLAN Si
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Attainment of
sustainable/ adequate
Ad valorem base
YES YES YES
Aggregates high value use
enhances locational value
identity
Attracts or provides
Corporate Headquarters YES YES YES
Builds on and extends
Westlake assets and provides
locational identity for financial
services industries.
Promotes/ provides
Specialty Retail NA YES NA
Urban shopping street and
vertical mixed use with upper
income occupants.
Facilitates Targeted
Recruitment YES YES YES
Provides critical mass to
establish Westlake as a
desirable community for
financial services.
Facilitates/ contributes to
industrial Cluster
Formation
YES YES YES
Combined with Financial
Services already in place,
establishes a critical mass of
financial services that will
support vertical and horizontal
expansion…thereby
supporting growing cluster
formation.
Provides infrastructure
extension, facilitates
circulation and
information
dissemination.
YES NA NA
Putting main line utilities that
can continue to other sites with
ROW extensions. This was
discussed in presentation but
not clear in submittal
documents.
Provides value for
locations in close
proximity.
YES YES YES
Defines a value gradient
emanating from the corporate
headquarters center.
Enhances Town identity YES NA YES Conforms to the RC-D area
configuration.
Provides increased
amenity
YES NA NA
Provides natural and plaza
open space features with trail
connections indicated on
conceptual site plan…should
be labeled.
Provides desirable
associations NA NA YES Major Financial Services
Home/ Regional Office is an
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association sought my many
components of the industrial
cluster.
Enhances Education NA NA NA
Supports rational land
use context
YES YES NA
The sequence from mixed use
freeway edge to corporate
office interior. Importation of
square footage from PD 3-3
promotes density gradient from
freeway to residential, south of
Dove.
Supports corporate
retention
YES NA YES
Strengthening Financial
Services Industrial Cluster
maintains Westlake’s
importance as a Financial
Services location.
Supports employee
retention YES YES YES
Generous open spaces, lake
edge development, and mixed
use favors employee retention.
Implements area
opportunities for office
driven mixed use
YES YES YES
5. The Housing Plan:
a. General Intent of the Housing Plan: The intent of the Housing Plan is to protect and
define high value submarkets for Westlake by:
i. Consolidating dispersed price points into definable sub-market zones.
ii. Supporting/ protecting current price point distinctions.
iii. Providing new housing choices for emerging empty nester, retiree, and young
family/ young professional markets, unique to this area, seeking higher price
point housing options.
iv. Providing housing choices for changing housing needs among Westlake’s own
population as they grow through life style changes.
v. Mitigating value encroachment from neighboring lower price point sub-markets
and preserve value.
vi. Implementing housing market type gradients as portrayed in the Westlake
Housing Plan map.
b. Application compliance with the Housing Plan:
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HOUSING PLAN Si
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Consolidate disperse
price point housing
types
NA NA NA
TBD
Supports/protects
current price point
distinction NA NA NO
Current SFR zoning
entitlement is for 275
attached or detached
units. More analysis will
be required at time of PD
Site Plan submission.
Provide housing choices
for emerging empty
nester, retiree, and
young family/young
professional markets
seeking higher price
point options.
NA NA POSSIBLY
While Entrada is now
underway, Westlake does
not yet offer an upscale
mixed use housing option.
This issue needs to be
more fully evaluated in
light of the SFR
entitlements existing in this
zoning district.
Provide housing choices
for changing housing
needs among
Westlake’s own
population as they grow
through life style
changes.
NA NA POSSIBLY
TBD depending how
existing SFR zoning
entitlements are
implemented.
Mitigate value
encroachment from
neighboring lower price
point sub-markets and
preserve value
NA NA POSSIBLY
Combined with Financial
Services already in place,
establishes a critical mass
of financial services that
will support vertical and
horizontal
expansion…thereby
supporting growing cluster
formation. Continued
higher income daytime
residents can support
home values in area.
Implements housing
market type gradients
as portrayed in the
Housing Plan Map.
NA NA POSSIBLY
TBD depending how
existing SFR zoning
entitlements are
implemented.
Page 16 of 23
6. The Parks, Open Space, and Trails Plan:
a. General Intent of the Parks, Open Space, and Trails Plan: The intent of the Parks,
Open Space, and Trails Plan is to protect natural resources, protect distinctive natural
settings, and provide for recreational needs of a future population through development
that:
i. Preserves important natural features and systems.
ii. Provides sufficient recreational opportunities for future population.
iii. Protects Westlake’s Ecotone from over development.
iv. Preserves Landmark Landforms.
v. Protects Rural Ranch Landscapes.
vi. Provides Open Space Connections.
vii. Provides Recreational Open Space, Parks, and/ or Recreational Facilities.
viii. Connects Town and Regional Trails.
ix. Provide applicable park type recommended for general location of development.
x. Implement the Open Space Plan as configured on the Open Space Plan map
with aggregated open spaceareas.
xi. Implements the Trail Plan as configured on the Open Space Plan map.
b. Application compliance with the Parks, Open Space, and Trails Plan:
PARKS, OPEN SPACE,
AND TRAILS PLAN Si
t
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p
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COMMENTS
Preserve natural
features/ systems YES YES YES Preserves lake Turner and
develops its asset potential.
Contributes to provision
of sufficient recreational
opportunity for future
populations
YES NA NA
Provides Ball Diamond, Soccer
Field, and Tennis Courts. Also
provides amphitheater.
Protects Westlake’s
Ecotone from over
development
NA NA NA
Not located in Ecotone Area.
Preserves Landmark
Landforms. NA NA NA Landmark Landforms are not
located in this area of Westlake.
Protects Rural Ranch
Landscapes.
NA NA NA
Urbanized setting not rural. This
development is not within Rural
Ranch Landscape area as
delineated in the Parks and
Open Space Plan.
Provides Open Space
Connections YES NA NA Provides Lake Turner
Connection as shown on the
Page 17 of 23
Open Space Plan
Provides Recreational
Open Space, Parks,
and/or Recreational
Facilities
YES NA NA
Provides Ball Diamond, Soccer
Field, and Tennis Courts. Also
shows amphitheater which is
not a permitted use.
Connects Town and
Regional trails
YES NA NA
Provides trail connection from
east to west north of Turner
Lake (not a recommended trail
location in Trail Plan but not
discouraged). Trail along
regional street right-of-way
should be considered as per
the Trail Plan.
Provides applicable Park
Type recommended for
general location of
development
YES NA NA
Provides Mini/ Urban park as
indicated on the Open Space
Plan.
Implement the
contiguous open space
configuration as shown
on the Open Space plan
map.
YES NA NA
Provides Lake Turner
Connection as shown on the
Open Space Plan.
Implement the Trail plan
as configures on the
Open Space Plan Map YES NA NA
Provides trail connection from
east to west. Trail along
regional street right-of-way
should be considered.
7. The Urban Design Structures Plan:
a. General Intent of the Urban Design Structures Plan: The intent of the Urban Design
Structures Plan is to consolidate a coherent image and comprehensible legibility for
Westlake through development that:
i. Implements the applicable Street Typology streetscapes as presented in the
Urban Design Street Type map.
ii. Implements the applicable Intersection Typology as presented in the Urban
Design Plan map.
iii. Implements the applicable Trail Typology as presented in the Urban Design Plan
map.
iv. Implements the applicable Edge Typology as presented in the Urban Design
Plan.
v. Provides applicable active or other open spaces as shown on the Urban Design
Plan map.
vi. Implements recommended design standards for applicable design settings.
vii. Adheres to the recommended thematic plant list.
viii. Implements Town monument recommendations.
ix. Implements focal points and portals as identified in the Urban Design Plan.
Page 18 of 23
x. Adheres to thematic forms and material recommendations of the Urban Design
Plan.
b. Application compliance with the Urban Design Structures Plan:
URBAN DESIGN
STRUCTURES PLAN Si
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COMMENTS
Implement applicable
Street Typology
YES YES NA
Plan shows a Regional Arterial
as specified with organized
landscape patterns as
recommended…need
specifics, including ROW
dimensions and detailed
design.
Implement applicable
Intersection Typology YES? NA NA
Intersection enhancement is
shown but design is not
sufficiently detailed to identify.
Implement applicable
Trail Typology UNSURE NA NA
Plan does not indicate
recommended Regional Trail
within Regional Road ROW
Implement applicable
Edge Typology YES NA NA Plan shows Highway 114 edge
setback and landscaping.
Provide applicable
active or other open
spaces
YES NO NO
Plan shows Major Plaza and
central open space feature
Implement
recommended design
standards for
applicable design
setting
UNSURE NA NA
Not sufficient detail to
determine
Adheres to the
recommended thematic
plant list
UNSURE UNSURE NA
Not sufficient detail to
determine
Implements Town
monument
recommendations UNSURE NA NA
Sample of freeway signs is
shown but monument locations
and elevations are not
provided.
Implements focal points
and portals as identified
in the Urban Design
Plan
NO NA NA
Portals and focal point
monuments are not indicated
or provided
8. The Storm Water Conservation Plan:
Page 19 of 23
a. General Intent of the Storm Water Conservation Plan: The intent of the Storm
Water Conservation Plan is to protect natural areas/ systems and promote conservation
practices through development that:
i. Implements applicable Storm Water Best Management Practices/
ii. Implements applicable Water Conservation Practices.
iii. Furthers implementation of Storm Water management or Water Conservation
programmatic and policy initiatives.
b. Application compliance with the Storm Water Conservation Plan:
STORM WATER
CONSERVATION
PLAN Si
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COMMENTS
Implement applicable
Storm Water Best
Management Practices
UNSURE UNSURE UNSURE
Not sufficient information or
detail
Implement applicable
Water Conservation
Practices
UNSURE UNSURE UNSURE
Not sufficient information or
detail
Furthers
implementation of
Storm Water
Management or Water
Conservation
programmatic and
policy initiatives
UNSURE UNSURE UNSURE
Not sufficient information or
detail
9. Facilities and Town Hall Plan:
a. General Intent of the Town Hall Plan: The intent of the Facilities and Town Hall Plan
is to provide emergency and municipal services for the current and future 24 hr. and
daytime population through development that:
i. Supports/provides funding of improved services.
ii. Provide facilities or a facility site within the applicable service area.
iii. Provides a Town Hall site or facility.
b. Application compliance with the Town Hall Plan:
Page 20 of 23
EMERGENCY
FACILITIES AND
TOWN HALL PLAN Si
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COMMENTS
Supports/ provides
funding of improved
services
UNSURE UNSURE UNSURE
Not sufficient information or
detail
Provides facilities or a
facility within the
applicable service
area
UNSURE UNSURE UNSURE
Not sufficient information or
detail
Provides a Town hall
site or facility UNSURE UNSURE UNSURE Not sufficient information or
detail
II. STAFF REVIEW COMMENTS RELATIVE TO DEVELOPMENT AND DESIGN
1. General:
Moving density from within the town out to the highway frontage and creating pedestrian
friendly environments, as proposed, are generally supported by the 2015 Comp Plan.
2. Utilities (including on and off-site extensions and easement dedications):
Utility information not provided.
3. Stormwater (including on and off-site facilities and easement dedications):
Storm water Management design not provided in application.
4. Setbacks/Building Lines:
Urban street is generally consistent with Town Square street sections of Ordinance 452
5. Parking/Fire Lanes:
More detail needed.
6. Solid Waste Collection Facilities:
Details not provided, concept only
7. Traffic Access Management/Internal Site Circulation and Connectivity to Adjacent
Property Tracts (both owner’s and non-owner’s tracts):
TIA and traffic analysis needed
Page 21 of 23
8. Site Design
A. Materials, Building Design, Architecture, and Hard Screening
Details not provided, concept only
B. Landscaping and Landscape Screening
Details not provided, concept only
C. Signage
Details not provided, concept only
D. Lighting
Details not provided, concept only
E. Water Features/Public Art
Details not provided, concept only
F. Pedestrian Circulation (within the site)
See Comp Plan comments above
G. Pedestrian Access (around perimeter of and to the site)
See Comp Plan comments above
H. Trails/Open Space
See Comp Plan comments above
III. FINAL STAFF COMMENTS RE: COMP PLAN AND THIS ZONING CHANGE REQUEST
Site Plan and supporting documents: Based on the above analysis of the application and
supporting documents, the proposed project generally conforms to the intent and recommendations
of the Comprehensive Plan Elements with a few exceptions as noted in the tables above.
Land Use and Development Square Footage: The additional office square footage (transferred
from PD 3-3 to PD 3-5) is generally consistent with the intent and recommendations of the
Comprehensive Plan Elements. It is recommended and encouraged that future transfer of office
square footage be taken from PD3-3. High-quality design, construction, and attainment of various
types of high-quality housing is recommended in order to continue the community supported desire to
be unlike all other suburbs. Also, the Comprehensive Plan (pages 306 and 308) identifies the need
for Office-Driven Mixed Use as one means of employee retention.
Building Height: The height additions requested are generally consistent with the intent and
recommendations of the Comprehensive Plan elements.
Page 22 of 23
Road Connections to the South: As the proposed phases of this project are implemented, a TIA for
each phase will be needed to determine the extent to which off-site road extensions/ connections may
be required to maintain a Level of Service (LOS) D or less. The Comprehensive Plan recommends a
maximum LOS of D. The Comprehensive Plan Thoroughfare Element sought to bring Ottinger north
to 114 east or west of Lake Turner. Approval of this application displaces the Ottinger issue to a
future date when the need for such connection may be more material. The conceptual plan does not
include the 114 ramp connection to the service road on the north property boundary. This connection
should be considered in the future TIA/ traffic studies.
Page 23 of 23
ORDINANCE NO. 768
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING PLANNED
DEVELOPMENT ORDINANCE SUPPLEMENT 1, CHAPTER 3, SECTION 3-61
“DENSITY,” PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT;
PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND
PROVIDING 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, 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; 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 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 Section 3-61 of the Town of Westlake Planned Development
Supplement Ordinance Chapter 3 Section 3-61 is hereby amended by repealing the current
section 3-61 and replacing it with section 3-61 to read as follows:
Section 3-61 Density
(1) Office. The maximum building square footage for the office use shall
be 1,014,000 square feet.
(2) Resort hotel. The maximum building square footage for the resort
hotel use shall be 350,000 square feet.
SECTION 3: That all provisions of Ordinance 600 not hereby amended shall remain in
full force and effect.
Ordinance 768
Page 1 of 2
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 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 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS _____ DAY OF __________ 2016.
____________________________
ATTEST: Laura Wheat, Mayor
____________________________ ______________________________
Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
Ordinance 768
Page 2 of 2
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
Ordinance 769
Page 1 of 35
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
Ordinance 769
Page 2 of 35
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.
Ordinance 769
Page 3 of 35
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
Ordinance 769
Page 4 of 35
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
Ordinance 769
Page 5 of 35
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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TOWN OF WESTLAKE
ORDINANCE NO. 770
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 3-5B PLANNING AREA BY DEFINING THE BOUNDARIES OF THE PD 3-5B
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
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Westlake, Texas (the "Town") adopted an updated Comprehensive Plan (the "2015”
Comprehensive Plan") for the Town; and
WHEREAS, there is located within the corporate limits of the Town an approximately
81.06 acre tract of land (to be referred to as PD 3-5B, Planned Development Zoning District 3,
Planning Area 5B, 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 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 3-5B" (Planned Development District 3, Planning Area 5B);
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.
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SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas,
Ordinance No. 200, is hereby amended by 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 5B, within the property described in Exhibit 1 of
Exhibit “A” attached hereto and incorporated herein by reference for all purposes and the Exhibits
1-7 attached to Exhibit “A” and incorporated therein, and further provides in Exhibit “A” and
attached Exhibits “A” 1-7 for Article I for short title, purposes, definitions, use of PD Supplement,
applicability of Town ordinances and general approval criteria, and further provides for Concept
Plan, Development Plans and Site Plans, and further provides in Article II for Land Uses,
Accessory Uses and Structures, and further provides in Article III for Development Standards,
including density, minimum lot size, minimum lot width, maximum building height and exceptions
to height requirements, for minimum building size, front yard setback, rear yard setbacks, side yard
setbacks, slope requirements, and further provides in Article IV for Additional Development
Standards, including sign standards as shown in Exhibits “A” 4-7.
SECTION 3: 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. 3-5B" and the date that this
Ordinance was adopted by the Council.
SECTION 4: 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 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 5B
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. 5B (PD 3-
5B)", 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.
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 3-5B; PD Zoning District 3, Planning Area 5B)
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: (i) concept, informational,
development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and
loading; (v) fencing; (vi) lighting; (vii) other special standards; and
(viii) illustrations.
SECTION 1.5 APPLICABILITY OF EXISTING REGULATIONS.
Section 1.5.1 Applicable Town Ordinances. Except to the extent provided by an approved PD
Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall
be governed by least restrictive of the "O" Office Park zoning district standards.
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
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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).
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
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primary use). A blank square shall mean that the use is not allowed as a principal use.
PLANNING AREA 5 B- 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
10. Single Family Attached - Zero Lot Line
11. Single Family Attached
12. Duplex
13. Condominium
14. Home Occupation
15. Servants/Caretakers Quarters
16. Temporary Accommodation for Employees/Customers/Visitors A
17. Swimming Pool (Private) A
18. Detached Garage (Private) A
19. Sport/Tennis Courts (Private) A
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
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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 System (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 A
41. Child Daycare (Public; 7 or more)
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
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
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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 A
84. Retail Stores – General (Excluding Second Hand Goods) A
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
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
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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. Comn1unity 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
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
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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 2.2.2 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
SECTION 3.1 DENSITY.
The maximum aggregate floor area for all allowed uses in this PD District is 1,160,000 square feet.
SECTION 3.2 MINIMUM LOT SIZE.
The minimum lot size shall be 100,000 square feet
SECTION 3.3 MINIMUM LOT WIDTH.
The minimum lot width shall be 200 feet.
SECTION 3.4 MAXIMUM BUILDING HEIGHT.
Section 3.4.1 The maximum height shall be six (6) stories or 90 feet, but not to exceed 735 feet
above Mean Sea Level (MSL). Exhibits 2 and 3 show Building Height Veiwshed Analysis. 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 floors.
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B. Heights are measured from the sidewalk to the top of the parapet or roof eave.
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 Exceptions to Height Requirements. The height limits imposed by this Section 4
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 building size shall be 5, 000 square feet.
SECTION 3.6 FRONT YARD SETBACKS.
The minimum front yard shall be 50 feet.
SECTION 3.7 REAR YARD SETBACKS.
The minimum rear yard shall be 20 feet.
SECTION 3.8 SIDE YARD SETBACKS.
The minimum side yard 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 from a roadway or a residential use does not apply to
development within this planning area.
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ARTICLE IV. ADDITIONAL DEVELOPMENT STANDARDS
SECTION 4.1 SIGN STANDARDS.
See Exhibits 4 through 7 for sign standards and general locations of signs allowed in this PD
District. Exact sign locations will be provided at the time of the PD Site Plan and PD Development
Plan approvals.
ARTICLE V. EXHIBITS
EXHIBIT 1 Legal Description of PD District
EXHIBIT 2 Building Height Viewshed Analysis – cross section
EXHIBIT 3 Building Height Viewshed Analysis – plan view
EXHIBITS 4 – 7 Signs
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EXHIBIT 1 Legal Description of PD 3-5B Planning Area
DESCRIPTION 5B
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 to the POINT OF BEGINNING;
THENCE S 17°23’44”W, 147.46 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;
THENCE S 75°29’58”W, 1406.35 feet;
THENCE N 89°54’10”W, 898.42 feet to the beginning of a curve to the left;
THENCE with said curve to the left, 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 S 88°08’17”W, 128.73
feet;
THENCE N 41°18’25”W, 147.59 feet;
THENCE N 56°49’26”W, 648.38 feet;
THENCE N 33°22’07”E, 762.52 feet to the beginning of a curve to the right;
THENCE with said curve to the right, 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 N 61°39’47”E, 601.67
feet;
THENCE N 89°59’49”E, 2082.87 feet to the beginning of a curve to the left;
THENCE with said curve to the left, 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 N 53°41’47”E, 210.76 feet
to the Point of Beginning and containing 3,531,053 square feet or 81.06 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 Legal Description of PD 3-5B Planning Area (continued)
0
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EXHIBIT 2 Building Height Viewshed Analysis
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EXHIBIT 3 Building Height Viewshed Analysis
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EXHIBIT 4 Signs
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EXHIBIT 5 Signs
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EXHIBIT 6 Signs
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EXHIBIT 7 Signs
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