HomeMy WebLinkAboutOrd 523 Amending the Fidelity Concept Plan adoptedTOWN OF WESTLAKE
ORDINANCE NO. 523
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING THE
FIDELITY CONCEPT PLAN ADOPTED BY ORDINANCE NO. 306 ON AN
APPROXIMATELY 311 -ACRE TRACT OF LAND GENERALLY LOCATED IN
DENTON AND TARRANT COUNTIES, TEXAS (i) SOUTH OF S.H.114, (ii)
WEST OF PRECINCT LINE ROAD, PROVIDING A SEVERABILITY CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS, on August 10, 1998, the Board of Aldermen adopted Ordinance
No. 306 to establish PD 2 to accommodate the development of Fidelity Investments
Regional Headquarters to Westlake, Texas; and
WHEREAS, Ordinance No. 306 provided a Planned Development District No.
2 Concept Plan attached as Exhibit "A"; and
WHEREAS, Fidelity Investments desires to add Phase II expansion of the
Westlake campus and amend the existing concept plan to illustrate location of new
proposed improvements; and
WHEREAS, the economic development and land use planning objectives of the
Town will be furthered by the adoption of an amended concept plan for the Fidelity
campus.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION l: That the recitals set forth above are hereby incorporated herein,
adopted by the Town and declared to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of
Westlake, Texas, Ordinance No. 306, is hereby amended by this Ordinance, by amending
the approved concept plan attached hereto by reference for all purposes as Exhibit "B".
SECTION 3: It is hereby declared to be the intention of the Board of Aldermen of
the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this
Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this
Ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Board of Aldermen of the Town of Westlake without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
PASSED AND APPROVED ON THIS 21st DAY OF MAY 2007.
ATTEST:
`Ki Sutter, TRMC, Town Secretary
APPROVED AS TO FORM:
ScottBradley,•
Trent Petty, Town M ager
EXHIBIT "A"
ORDINANCE NO.3 d 6 ORD. 523
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
—.__..a.. -- O TAN,CF4,--Of—..THE.--TO.W,,N—OF W;ESTLAKE,—TEXAS.—TTO-.-REZONE--AN---_.-----.
APPROXIMATELY 311 -ACRE TRACT OF LAND GENERALLY LOCATED IN
DENTON AND TARRANT COUNTIES, TEXAS (i) SOUTH OF S.H. 114, (ii)
WEST OF PRECINCT LINE ROAD, AND (iii) NORTH OF DOVE ROAD FROM
"O" OFFICE PARK AND '"R-40" ESTATE RESIDENTIAL TO A "PD"
PLANNED DEVELOPMENT DISTRICT FOR AUTHORIZING AN OFFICE
COMPLEX, INCLUDING OFFICE, PERSONAL SERVICES, BANK AND
FINANCIAL INSTITUTIONS, DATA CENTER, RESEARCH AND
DEVELOPMENT AND ACCESSORY USES SUCH AS HOTEL/MOTEL WITH
CONFERENCE FACILITY, RETAIL AND PARKING STRUCTURES;
DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD
CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES
AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND
OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND
DRAINAGE; RATIFYING THE ACTION TAKEN BY THE BOARD ON JULY
27,1998; PROVIDING FOR THE A311ENDNMNT OF THE OFFICIAL ZONING
MAP; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE
DATE.
WHEREAS, on November 13, 1992, the Board of Aldermen (sometimes referred
to as the `Board') of the Town of Westlake, Texas (the "Town"), adopted a
Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and
WHEREAS, on August 24, 1992, the Board adopted a Comprehensive Plan (the
"1992 Comprehensive Plan") for the Town; and
WHEREAS, the Zoning Ordinance has been amended by the Board after
receiving recommendations from the Planning and Zoning Commission (the
"Commission"); and
WHEREAS, on September 15, 1997, based on the recommendations of the
Commission, the Board amended the Zoning Ordinance and the subdivision regulations
by the adopting of a Unified Development Code (the "UDC') for the Town; and
WHEREAS, the UDC has been amended with the most recent amendments being
adopted on February 16, 1998; and
WHEREAS, there is located within the corporate limits of the Town an
approximately 311 -acre tract of land (commonly known as the Maverick Planning Area
and hereinafter sometimes referred to as the "Planning Area'); and
WHEREAS, the public infrastructure, amenities, and services necessary to
develop the Town, including the Planning Area, are not available and will not be
ORDINANCE NO. c3 tea
(Fidelity PD)
available without a long-term commitment of both
services;
PAGE Z
and private funds to finance
WHEREAS, because of the size, location, and natural features of the Planning
Area and the Town's need for public infrastructure, amenities, and services, the Town has
a critical interest in the development of the Planning Area and is encouraging such
development to the highest possible standards of quality consistent with the Town's long-
term development vision; and
WHEREAS, because of improvements to 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 an master planned office
complex with accessory uses within the Planning Area that will be consistent with the
Town's long-term development vision; and
WIEREAS, the location and unique features of the Planning Area present unique
opportunities for facilities suited to large corporate headquarters within the master
planned development; and
WHEREAS, the suitability of the Planning Area for such master planned facilities
can be enhanced through modifications to the development regulations governing the
Planning Area, including modifications to the zoning, floodplain, subdivision and other
standards otherwise applicable under the UDC; and
WHEREAS, the economic development and land use planning objectives of the
Town will be furthered by the establishment of such master planned facilities; and
WHEREAS, on July 27, 1998, after receiving recommendations from the
Commission, the Board approved and adopted amendments to the Thoroughfare Plan,
and an amended Conceptual Open Space Plan to the 1992 Comprehensive PIan; all of
which amended plans are approved and adopted by the Board to enable the Town to
maximize the opportunities and benefits to the Town and all of its citizens that will result
from a master -planned, office development of the Planning Area; and
WHEREAS, the Commission and Board .held a public hearing upon the
application of Maverick Commercial Investments, Inc. to rezone the approximately 311 -
acre tract of land to PD Planned Development District on July 27, 1998, after written
notice of such hearing having been sent to owners of real property being within 200 feet
of the property and notice being published in a newspaper of general circulation in the
Town of Westlake, all in accordance with law; and
WHEREAS, the applicant has proposed that the subject property be used solely
for a corporate office campus, including office complex, bank and financial institutions,
ORDINANCE NO.
(Fidelity PD)
PAGE 3
._�.�''�����to centei �an� research aricl�mdevelopment facilities, toget�iei vwitiicertain private����~m�
commercial uses wholly accessory to such corporate office complex; and
WFEREAS, the Commission has recommended to the Board that the hereinafter
described property be rezoned to "PD" Planned Development District authorizing a
corporate office complex, including office complex, bank and financial institutions, data
center and research and development facilities, together with certain private commercial
uses wholly accessory to such corporate office complex; and
WHEREAS, the Board believes that the interests of the Town, the present and
future residents and citizens of the Town, and developers of land within the Town are
best served by adopting this Ordinance, which the Board has determined to be consistent
with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as
amended;
WHEREAS; the Board adopted Ordinance No. 301 on July 27, 1998 rezoning the
hereinafter described property to "PD" Planned Development District with certain
conditions and the Board desires to ratify its action taken on July 27, 1998 by adopting
this ordinance which incorporates the conditions attached to the "PD" Planned
Development District;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
PART I.
That the recitals set forth above are hereby incorporated herein, adopted by the
Town and declared to be true and correct.
That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas,
Ordinance No. 200, is hereby amended by this PD Ordinance, by adding Planned
Development District No. 2 within the property described in Exhibit "A", attached hereto
by reference for all purposes. This PD will be subject to the zoning provisions,
development standards and other regulations contained in the Planned Development
District No. 2 Standards attached hereto as Exhibit `B" and the Planned Development
District No. 2 Concept Plan attached hereto as Exhibit "C".
ORDINANCE NO.
(Fidelity PD)
PAGE 4
Except to the extent provided by the PD Concept Plan and this PD Ordinance,
development of land within the PD District shall be governed by the provisions of the
UDC applicable to "O" Office zoning districts and by all other ordinances, rules and
regulations of the Town that are applicable to development as amended and in effect at
the time of the passage of this Ordinance. In the event of any conflict between (i) the PD
Concept Plan and this PD Ordinance and (ii) the UDC and such ordinances, rules and
regulations, the terms, provisions and intent of the PD Concept
Plan and this PD Ordinance shall control.
PART IV.
Upon the effective date of this PD, the Town Secretary shall promptly enter the
new Planned Development on the Town's Official Zoning Map, which entry shall include
the abbreviated designation "PD No. 2" and the date that this Ordinance was adopted by
the Board.
PART V.
It is hereby declared to be the intention of the Board of Aldermen of the Town of
Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance
shall be declared unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of the remaining
phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Board of Aldermen of the Town of Westlake without the
incorporation in this Ordinance of any such unconstitutional phrase,clause, sentence,
paragraph or section.
This Ordinance shall become effective upon its passage and proof of the
unconditional conveyance of the property described in Exhibit "A" to Fidelity Texas
Limited Partnership or an affiliated or related entity.
ORDINANCE NO.
(Fidelity PD)
WESTLAKE, TEXAS, ON TMS I OTH DAY OF AUGUST, 1998.
ATTEST:
Girngwwssw'y, Town-Secre%ry
APPROVED AS TO FORM:
I�Paul C. Isham, Town Attorney
PAGE 5
W11111
.9. Mw 12 141
LEGAL DESCRIPTION
309.305 ACRE TRACT
BEING A TRACT OF LAND SITUATED !N THE CHARLES Mab -.TN SIURV ;" STRA;CTNC:lMBER --`--
823 (DENTON COUNTY), ABSTRACT NUMBER 1084 (TARRANT COUNTY), THE MEMUCAN HUNT
SURVEY, ABSTRACT NUMBER 756(TARRANT COUNTY) AND THE J.BACON SURVEY, ABSTRACT
NUMBER 2026 (TARRANT COUNTY), TOWN OF WESTLAKE, DENTON AND TARRANT COUNTIES,
TEXAS AND BEING ALL OF THE TRACT OF LAND CONVEYED TO HILLWOOD/1088, LTD.,
RECORDED IN VOLUME 12260, PAGE 1948 OF DEED RECORDS, TARRANT COUNTY, TEXAS, ALL
OF THAT TRACT OF LAND CONVEYED TO SCOTT BRADLEY AND WIFE KELLY PACE BRADLEY,
RECORDED IN VOLUME 6395, PAGE 67 OF DEED RECORDS AND BEING A PORTION OF THAT
TRACT OF LAND CONVEYED TO HILLWOOD/WILLOW BEND, LTD., RECORDED IN VOLUME 11316,
PAGE 2235 OF DEED RECORDS, TARRANT COUNTY, TEXAS AND UNDER COUNTY CLERICS
NUMBER 93-R0075228 OF REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS AND BEING
MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING AT A RAILROAD SPIKE, FOUND AT THE INTERSECTION OF THE APPROXIMATE
CENTERLINE OF PRECINCT LINE ROAD (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE
CENTERLINE OF ROANOKE-DOVE ROAD (A CALLED 50 FOOT RIGHT-OF-WAY);
THENCE WITH THE APPROXIMATE CENTERLINE OF ROANOKE-DOVE ROAD THE FOLLOWING
BEARINGS AND DISTANCES
S 89'50-03--W,1942.81 FEET;
N 86.34-52"W, 550.83 FEET;
N 82°28'16"W, 252.07 FEET;
S 65°50-11'W, 562.77 FEET;
S 71 `04'02'W. 198.77 FEET;
THENCE N 11 "01'26"W, 589.37 FEET, DEPARTING SAID APPROXIMATE CENTERLINE;
THENCE N 00026'55-W, 573.79 FEET;
THENCE N 17"09'12"E, 1518.12 FEET;
THENCE N 09007'25"W, 892.93 FEET, TO THE BEGINNING OF A NON -TANGENT CURVE TO THE
LEFT;
THENCE WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 1369.14 FEET,
THROUGH A CENTRAL ANGLE OF 58'52'17", HAVING A RADIUS OF 1332.50 FEET, THE LONG
CHORD OF WHICH BEARS N 49°1242-E, 1309.71 FEET;
THENCE N 19`46'33"E, 318.48 FEET TO THE SOUTHERLY RIGHT -OF -WRY OF STATE HIGHWAY
114 (A VARIABLE WIDTH RIGHT-OF-WAY);
C&B Job No. 981498010
S#CRT July 9, 1998
J:\JOB\98149801\SUR\WP\LEG\OVERALL.WPD Page 1 of 2
THENCE WITH SAID SOUTHERLY RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES
N 70*3943"E, 64.29 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 443.43 FEET,
THROUGH A CENTRAL ANGLE OF 04*251080, HAVING A RADIUS OF 5749.58 FEET, THE
LONG CHORD OF WHICH BEARS S 72'08'30*E, 443.32 FEET;
S 63-32-03-E, 238.74 FEET;
N 84'41'23"E. 164.28 FEET;
S 76-41-49-E. 119-54 FEET,
S 45-55'45-E. 116.36 FEET;
S 75'22'11 "E, 296.05 FEET;
N 69-29-26-E, 98-90 FEET TO THE BEGINNING OF A NON -TANGENT CURVE TO THE LEFT;
WITH SAID NON -TANGENT CURVE TO THE LEFT, AN ARC DISTANCE OF 204.65 FEET,
THROUGH A CENTRAL ANGLE OF 02*03'13', HAVING A RADIUS OF 5709.58 FEET, THE
LONG CHORD OF WHICH BEARS S 72-1021"E, 204.64 FEET;
S 71-03-31-E, 736.07 FEET, TO THE NORTHEAST CORNER OF SAID HILLWOOD/WILLOW BEND
TRACT, IN THE APPROXIMATE CENTERLINE OF AFOREMENTIONED PRECINCT LINE ROAD;
THENCE S 00*30'00-E, 1386.00 FEET;
THENCE S 23.55-44W 87.29 FEET;
THENCE N 89-19-34-W, 164.44 FEET;
THENCE S 06-48-13-W. 137.96 FEET,
THENCE S 89*43'41"E, 50.00 FEET;
THENCE S 00* 16'19"W, 2147.22 FEET TO THE POINT OF BEGINNING AND CONTAINING 13,473,328
SQUARE FEET OR 309.305 ACRES OF LAND MORE OR LESS.
FOR INFORMATIONAL PURPOSES ONLY
C&B Job No. 981498010
S#CRT
J:1JOB1981498011SUR\WPkLEG\OVERALL.WPD
July 9, 1998
Page 2 of 2
MAVERICK PLANNED DEVELOPMENT DISTRICT
DEVELOPMENT STANDARDS AND CONCEPT PLAN
Exhibits B and C
to
ORDINANCE NO., -5o4
establishing
TOWN OF WESTLAKE, TEXAS
PLANNED DEVELOPMENT DISTRICT NUMBER 2
EXHIBIT B
DEVELOPMENT STANDARDS
MAVERICK PLANNED DEVELOPMENT DISTRICT
ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE ................................................... 1
SECTION 2 PURPOSES...................................................... 1
SECTION 3 EFFECTIVE DATE ................................................ 1
SECTION 4 GENERAL DEFINITIONS .......................................... 1
Section 4.1 Uses............................................................I
Section 4.2 Words and Terms Defined ........................................... 1
SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ...................... 2
SECTION 6 AMENDMENT OF OFFICIAL ZONING MAP ......................... 2
SECTION 7 CONCEPT PLAN, DEVELOPMENT PLAN AND SITE PLANS ........... 2
Section 7.1 PD Concept Plan .................................................. 2
Section 7.2 PD Development Plans ............................................. 3
Section 7.3 PD Site Plans ..................................................... 3
Section 7.4 Relationship of Plans to Comprehensive Plan, Transportation Plan and Open Space
Plan............................................................9
SECTION 8 COMPLIANCE WITH CODE REQUIRED ............................. 9
ARTICLE II. PERMITTED USES
SECTION 1 USES PERMITTED BY RIGHT ..................................... 10
SECTION 2 ACCESSORY USES .............................................. 10
SECTION 3 USES PERMITTED BY SPECIFIC USE PERMITS (SUP) ............... 12
Table of Contents Page i
ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY AND SITE COVERAGE .................................. 13
Section 1.1 Floor Area Ratio ................................................. 13
Section 1.2 Lot Coverage .................................................... 13
Figure i Improvements to be in Service ...................................... 14
SECTION 2 MINIMUM LOT SIZE ............................................ 18
SECTION 3 MINIMUM LOT WIDTH .......................................... 18
SECTION 4 MAXIMUM BUILDING HEIGHT ................................... 18
Section 4.1 General.........................................................18
Section 4.2 Exceptions to Height Requirements ................................... 18
SECTION 5 MINIMUM PRIMARY BUILDING SIZE ............................. 18
SECTION 6 SETBACKS ..................................................... 18
Section
6.1
Front Yard Setbacks ...............................................
18
Section
6.2
Rear Yard Setbacks ...............................................
19
Section
6.3
Side Yard Setbacks ...............................................
19
SECTION 7 FENCING......................................................20
SECTION 8 EXTERIOR WALLS AND BUILDING ARTICULATION ............... 21
Section 8.1 Buildings of 100 square feet or more and over nine feet in height ........... 21
Section 8.2 Exterior Materials for Accessory Buildings ............................. 21
Section 8.3 Building Articulation .............................................. 21
Section 8.4 Exceptions......................................................22
SECTION 9 LIGHTING STANDARDS ......................................... 22
Section 9.1 Lighting Elements ................................................ 22
Section 9.2 Lighting Standards ................................................ 22
SECTION 10 RESIDENTIAL PROXIMITY SLOPE ..............................: 23
Section 10.1 Determination of Proximity Slope
Height Restrictions ................................................ 23
1
Table of Contents Page ii
Section 10.2 Exceptions to Slope Requirement .................................... 23
Section 10.3 Typical Illustration ................................................ 23
SECTION 1 STANDARDS ................................................... 24
Section 1.1 Street..........................................................24
Section 1.2 Bridging of Floodplain and Waterway ................................ 24
ARTICLE V. PARKING AND LOADING STANDARDS
SECTION 1 PARKING SPACE STANDARDS ................................... 25
SECTION 2 OFFICE USE PARKING REQUIREMENT ............................ 25
SECTION 3 HANDICAPPED PARKING ........................................ 25
SECTION 4 OFF-STREET LOADING REQUIREMENTS .......................... 25
SECTION 5 LIGHTING OF PARKING AND LOADING AREAS .................... 25
ARTICLE VI. LANDSCAPE REQUIREMENTS
SECTION 1 PURPOSE AND APPLICABILITY .................................. 26
Section 1.1 Purpose.........................................................26
Section 1.2 Applicability.................................................... 26
SECTION 2 PROCEDURES .................................................. 26
Section 2.1 Prior to Issuing a Building Permit .................................... 26
Section 2.2 Variations Approved on PD Site Plan ................................. 26
SECTION 3 LANDSCAPE DEVELOPMENT STANDARDS ....................... 26
Section3.1
General.........................................................
26
Section 3.2
Town Edge Landscape Zones .......................................
27
Section 3.3
Roadway Landscape Zones .........................................
28
Section 3.4
Roadway Median Landscape Development ............................
28
Section 3.5
Parking Lot Landscaping ...........................................
29
Section 3.6
Structured Parking Landscaping .....................................
31
Section 3.7
Screening of Surface Parking ........................................
31
Section 3.8
General Site Tree Planting ..........................................
31
Section 3.9
Screening of Loading and Service Areas ...............................
32
Section 3.10
Acceptable Landscape Materials .....................................
33
Table of Contents Page iii
SECTION 4 IRRIGATION REQUIREMENTS ................................... 34
Section 4.1 General .........................................................34
3A
SECTION 5 LANDSCAPE COMPLETION REQUIREMENTS ...................... 34
Section 5.1 Landscaping required prior to Certificate of Occupancy ................... 34
Section 5.2 Performance Bond ............................................... 34
SECTION 6 LANDSCAPE MAINTENANCE REQUIREMENTS .................... 35
Section 6.1 Owner Responsibility .............................................. 35
Section 6.2 Enforcement ..................................................... 35
SECTION 7 ILLUSTRATIONS ............................................... 36
ARTICLE VII. SPECIAL DEVELOPMENT STANDARDS
SECTION I
VARIANCE .....................................................
37
SECTION 2
CONSEQUENCES OF BOARD DENIALS ............................
37
SECTION 3
BOARD AND COMMISSION APPROVALS ..........................
37
SECTION 4
STREET AND HEAD -IN PARKING .................................
37
SECTION 5
SURVEY MONUMENTS ..........................................
37
SECTION 6
MAINTENANCE PERIOD .........................................
37
SECTION 7
FORM OF SECURITY ..............................................
37
SECTION 8
TIMING OF SECURITY ...........................................
38
SECTION 9
BOUNDARY SURVEY ............................................
38
SECTION 10
FOUNDATION AND FRAMING ...................................
38
SECTION 11
FINISHED FLOOR LEVEL ........................................
38
SECTION 12
OVERSIZE COSTS ...............................................
38
SECTION 13
UNIFIED DEVELOPMENT SITES .................................
38
SECTION 14
TRAFFIC IMPACT ANALYSIS - LEVEL OF SERVICE .................
38
SECTION 15
UTILITY EASEMENTS ...........................................
39
SECTION 16
ADA STANDARDS ..............................................
39
SECTION 17
BRIDGE SURFACES ............................................
39
SECTION 18
FIRE LANES ...................................................
39
SECTION 19
DEAD-END WATER LINES .......................................
39
SECTION 20
WATER LINES ..................................................
39
SECTION 21
DEPTH OF COVER ..............................................
39
SECTION 22
FIRE HYDRANT SPACING .......................................
39
SECTION 23
FLOODPLAIN AND DRAINAGE RELOCATION ......................
39
SECTION 24
MANHOLES ....................................................
40
Table of Contents Page iv
SECTION 25 SANITARY SEWER LINES ...................................... 40
Table of Contents Page v
ARTICLE I. GENERAL PROVISIONS
SECTION 1 SHORT TITLE
This Ordinance shall be known and may be cited as the Maverick Planned Development District, or
simply as the Planned Development, or, as referenced in this document; as the "PD".
SECTION 2 PURPOSES
This Planned Development is adopted for the following purposes:
• To provide for a superior design of lots or buildings;
• To provide for increased open space opportunities;
• 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 provide an appropriate balance between the intensity of development and the
ability to provide adequate supporting public facilities and services.
SECTION 3 EFFECTIVE DATE
This PD takes effect as set forth in the adopting ordinance.
SECTION 4 GENERAL DEFINITIONS
Section 4.1 Uses
• For the purpose of this PD Ordinance, certain numbers, abbreviations, terms, and
words shall be used, interpreted and defined as set forth in this Section.
• 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" wherever used in this Section will be interpreted in its mandatory
sense; the word "may" shall be deemed as permissive.
Section 4.2 Words and Terms Defined
Accessory use: Means uses provided for the support of primary permitted uses or to be used
principally by tenants or employees of a primary use.
Coverage: Means the percentage of lot area covered by roof, floor, parking structure or other
structure, or surface parking. Coverage shall not include the area covered by roof eaves (and
other ordinary building projections up to 24 inches) roadways, driveways, sidewalks or
{
Article I. General Provisions Page 1
impervious cover other than listed herein.
Floor Area Ratio (FAR): Means the ratio of floor area to lot area. Floor area means the
total area of all floors of all buildin s on a lot or unified develop t
the outer perimeter walls of the buildings excluding (i) area in a building or in a separate
structure (whether below or above -grade) used for the parking of motor vehicles, (ii) courts
or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross
site area excluding only (i) public roadways; and (ii) the Town edge landscape zone.
Lot Lines: Mean the property lines bounding a lot, excluding any street or alley dedicated.
Masonry: Means exterior building material which includes natural stone, brick and
architectural precast concrete described as "Cast Stone" with structural component
properties. Use of precast concrete requires that traditional profiles, joints and reveals shall
be used in the creation of elements to integrate the precast with other exterior building
materials.
SECTION 5 APPLICABILITY OF EXISTING REGULATIONS
Except to the extent provided by the PD Concept and Development Plan and this PD Ordinance,
development of land within the PD District shall be governed by the provisions of the UDC applicable
to "Office -O" zoning districts and by all other ordinances, rules and regulations of the Town that are
applicable to development. In the event of any conflict between (i) the PD Concept Plan and this PD
Ordinance and (ii) the UDC and such ordinances, rules and regulations, the terms, provisions and
intent of the PD Concept Plan and this PD Ordinance shall control. For a period of five years from
the date of the passage of this Ordinance, the PD shall be exempt from any amendments to the UDC
adopted subsequent to August 3, 1998.
SECTION b AMENDMENT OF OFFICIAL ZONING MAP
Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned
Development on the Town's Official Zoning Map, which entry shall include the abbreviated
designation "PD No. 2" and the date this PD was adopted by the Board.
SECTION 7 CONCEPT PLAN, DEVELOPMENT PLAN AND SITE PLANS
Section 7.1 PD Concept Plan
This PD District is established based on the PD Concept Plan attached to and made a part
of this PD Ordinance. The graphic depictions contained on the PD Concept Plan are
regulatory standards and the size of the plans may vary from the standard size cited herein if
accepted by the Town Planner. Amendments to the PD Concept Plan shall be considered a
zoning change and the provisions of Chapter 211 of the Texas Local Government Code
Article I. General Provisions Page 2
relating to notices, public hearings and written protests for changes in zoning districts shall
apply.
Section 7.2 PD Development Plans
Development Plans shall not be required for any development within the PD District.
Section 7.3 PD Site Plans
A. General Requirement. This PD District was established based on a PD Concept
Plan; consequently, development within the PD District shall require one or more PD Site
Plans approved by the Commission in accordance with this PD. A PD Site Plan may be
prepared and submitted for the entire development at one time or for individual phases of
development, and each plan shall be submitted in fifteen (15) copies to the Town Secretary.
Each PD Site Plan shall be accompanied by a drainage study for the area covered by the
proposed plan. The first Site Plan shall be accompanied by a drainage plan for the entire site.
B. Submittal Requirements. The following requirements apply to each application for
PD Site Plan approval:
1. Size. PD Site Plans shall be prepared on one or more standard sheets of sizes
of 30" x 42" or 24" x 36" and at an engineering scale of 1 "=100' or larger. If multiple
sheets are required, an overall plan shall be submitted as well (which may be to any
scale). PD Site Plans shall be prepared by a registered engineer, architect, or
landscape architect.
2. General Information:
a. North Arrow;
b. Total site acreage;
C. Submission date;
d. Scale (written and graphic);
Article I. General Provisions Page 3
e. Vicinity map;
E Names, addresses, and telephone numbers of the architect, landscape
T* y esignm,-engineer developer, d-flwner-
(as applicable);
g. A boundary survey of the site with the location of proposed land uses;
h. Adjacent subdivision names and property lines; and
i. Adjacent land uses and structures.
3. Structures:
a. Location, site dimensions, building square footage and use of all
existing facilities and proposed building sites the first site plan may
show general boundaries of building site locations; and footprints for
actual structures may be smaller than the building site envelope
shown each plan may be subsequently approved showing specific
footprints, by the Town Planner, without amending the PD Site Plan
provided that the general building site boundary is not exceeded);
b. Setback and separation distances between building sites;
C. Preliminary elevations and perspectives to show the relationship of
building heights to surrounding topography;
d. Proposed construction type and facade materials for all nonresidential
buildings (the Commission may require elevations and perspective
drawings);
e. Proposed density of each use; and
f. Proposed location of screening along the public roadways shown on
the PD Concept Plan.
4. Streets and Sidewalks:
a. A general plan for circulation of traffic and pedestrians within and
external to the development, including designated points of access;
Article I. General Provisions Page 4
b. Location and width of all rights-of-way and easements;
C. Location and approximate dimensions of all pavement and curbing;
d. Location and width of all sidewalks;
e. Location and width of all ingress/egress points;
E Location and width of all medians and median breaks; and
g. Location of any special traffic regulation facilities.
5. Off -Street Parking and Loading Areas:
a. Number, location, and dimension of spaces;
b. Type of surface material of parking facility;
C. Dimension of aisles, driveways, maneuvering areas, and curb return
radii;
d. Distance between spaces and adjacent rights-of-way; and
e. Location of all existing and proposed fire lanes and hydrants.
6. Landscaping:
a. Location and size of major tree groupings and existing hardwood
trees greater than 8" caliper, noting whether they are to be removed
or retained;
b. Location size and species of proposed plant materials, including
paving;
C. Number and type of each landscape element;
d. Height and type of all fencing or buffering;
e. Height of all planters, sculptures, and decorative screens;
Article I. General Provisions Page 5
E Location and type of trash receptacle screening;
g. Location and type of lighting for streets, signage, and parking areas;
d
h. Location of visibility triangles where required.
7. Drainap-e:
a. Direction of water flow;
b. Quantity of on and off-site water generation;
C. Topographic contours at a minimum of 5 foot intervals;
d. Points of concentrated water discharge;
e. Areas where special design and construction may be necessary due to
slope or soil conditions;
f. Location and design of all water detention and drainage areas; and
g. Drainage ways, creeks, and limits of the 100 year floodplain and
floodway as shown on current FEMA mapping or the Town's
drainage plan, including location and acreage, together with a general
plan for accommodating flood waters and drainage.
8. Preliminary Service Plan:
a. A preliminary drainage pian of the area showing the size and location
of each existing and proposed drainage way and retention or detention
area;
b. The proposed method of providing water and sewer service.
Article I. General Provisions Page 6
9. Development Standards Variance(s):
" Mist -of "eveloprnent ndardsAf-any (wlwther-ince DD 0-rdinanc"r -
in the then -existing ordinances, rules, or regulations of the Town that apply
to development within the PD District), for which the applicant is seeking a
variance by the Board as part of the PD Site Plan approval process (without
the necessity of going through a board of adjustment or other variance
procedure).
10. Height Variances:
If Board approval of any height variance above that designated on the
Concept Plan and at Article III, Section 10 is being requested, the applicant
shall prepare (at the request of the Town Planner) a view •analysis of the
impact of such requested variance on adjacent residential areas of the Town.
C. Commission Decision. The Commission, after notice and public hearing in
accordance with the Town's UDC procedures, shall approve, approve subject to conditions,
or deny each PD Site Plan.
D. Approval Criteria. The Commission, in approving, conditionally approving, or
denying a PD Site Plan, shall consider the following criteria:
1. The plan complies with the applicable PD Concept Plan and PD Ordinance,
including express conditions attached to the PD Concept Plan or PD Ordinance;
2. The plan complies with the standards and conditions of the Town's Unified
Development Code and of other ordinances, rules and regulations of the Town (to the
extent that such standards and conditions are applicable to development within the
PD District);
3. The traffic estimated to be generated by the plan is generally consistent with
the original, Board approved traffic impact analysis as updated;
Article 1. General Provisions Page 7
4. The plan includes the necessary on-site or adjacent traffic improvements to
accommodate traffic generated by the plan (e.g., turn lanes, stacking lanes,
signalization, etc.);
5. The preliminary drainage study for the plan indicates that the proposed
development can be achieved without increasing the upstream or downstream water
surface elevation on property owned by third parties and that detention and drainage
areas can be improved in a natural manner approved by the Board; and
6. Landscaping for the Town Edge Landscaping Zone (as hereinafter defined)
promotes continuity and unity consistent with the landscape plan for the development
and encourages views to public open space and public landmarks.
E. Conditions. The Commission, or the Board on appeal, may establish such conditions
to the approval of a PD Site Plan as are reasonably necessary to assure that the approval
criteria are met.
F. Appeal from Commission Action. If the Commission approves a PD Site Planwith
conditions or if it disapproves a PD Site Plan, the applicant may appeal the decision to the
Board by filing a written request with the Town Secretary within ten (10) days after the
Commission's decision.
G. Variances. If the applicant requests a variance from any PD Ordinance standards or
other requirements of the Applicable Town Ordinances (as defined in the PD Ordinance), the
variance request will be forwarded to the Board with the Commission's recommendation for
decision. Except as otherwise provided by the PD Ordinance the procedures and criteria for
approval shall be those applicable to variances under the UDC.
H. Amendment. PD Site Plans are not considered part of a PD Ordinance. Except as
otherwise provided in this Subsection, any amendment to an approved PD Site Plan must be
approved by the Commission. Notwithstanding the foregoing, however, "minor
modifications" to any PD Site Plan may be approved by the Town Planner. A "minor
modification" to a PD Site Plan is defined as any modification that does not:
1. alter the basic relationship of proposed development to adjacent property;
Article I. General Provisions Page 8
2. change the uses permitted;
3. increase the maximum density, floor area, or height;
4. decrease the amount of off-street parking, unless parking remains sufficient
in number and conforms to ordinance requirements; or
5. reduce the minimum yards or setbacks.
However, if the Town Planner believes that a minor modification entails a significant change
in the Site Plan, he may refer the request to the Commission for a determination.
Section 7.4 Relationship of Plans to Comprehensive Plan, Transportation Plan and Open
Space Plan
The PD Concept Plan attempts to establish regulatory standards that reflect the policies and
objectives contained in the Comprehensive Plan, Thoroughfare Plan, and Open Space Plan
for the Town in effect on the date of the passage of this PD Ordinance and to effect the
Town's plan for provision of public facilities and services.
SECTION 8 COMPLIANCE WITH CODE REQUIRED
All development of land within the PD shall conform to the requirements of this Ordinance, and no
person may use, occupy, sell or develop land, buildings or other structures, or authorize or permit
the use, occupancy, sale or development of land, buildings or other structures under his/her control,
except in accordance with all applicable provisions of this PD.
Article I. General Provisions Page 9
ARTICLE II. PERMITTED USES
SECTION 1 USES PERMITTED BY RIGHT
The following uses are permitted as principal uses by right.
Agricultural Uses
Orchard
Plant Nursery (Growing)
Farms General (Crops)
Farms General (Livestock Ranch)
Commercial Uses
Offices (General)
Studio
Information Processing
Data Center
Amusement/Recreation
Golf Course (Public or Private)
Park or Playground (Public or Private)
Country Club (Private Membership)
Golf Clubhouse (Public or Private)
Recreation Center (Private)
Hike, Bike and Equestrian Trails (Public or Private)
SECTION 2 ACCESSORY USES
The following uses are specifically permitted as accessory uses to principal uses to serve the
occupants of the building or to facilitate the development of the building. This Section does not
exclude other land uses which are generally considered accessory to a principal use. An accessory
use which is customarily incidental to a principal use, and which is located on the same lot as the
principal use (though it may be located in a separate structure), shall be a permitted accessory use
without being separately listed in this Section.
Agricultural Uses
Stables (Private Use)
Temporary Accommodations for Employees/Customers/Visitors
Institutional and Governmental Uses
Emergency Ambulance Service
Post Office (Governmental)
Mailing Service (Private)
Article II. Permitted Uses Page 10
Helistop/Verti-stop
Clinic
Child Daycare (Private; 7 or more)
School Vocational
Telephone, Electric, Cable, and Fiber Optic Switching Station
Utility Distribution Lines
Water and Sewage Pumping Station (below Grade)
Water, Sewer, Electric, and Gas Meters
Electric Transformers
Private Streets/Alleys
Commercial Uses
Banks and Financial Institutions
Commons Uses (retail and personal service uses combined in one structure to serve the office facility)
Personal Services
Research and Development Facility for Computer Software
Hotel/Motel with Conferencing Facility
Laundry/Dry Cleaning (Drop/Pick)
Shoe Repair
Beauty Parlor/Barbershop
Quick Copy/Duplicating Services
Convenience Store
Drug Store
Stationery and/or Book Store
Art Gallery/Museums
Retail Stores - General (Excluding Second Hand Goods)
Restaurant/Cafe
Parking Structure
Cafeteria (Private)
Job Printing, Lithography, Printing or Blueprinting
Temporary Batching Plant
Amusement/Recreation
Athletic Fields (Private)
Athletic Courts (Private)
Heath/Spa Facilities (Private)
Greenhouse (Private)
Satellite Dish
Auto Services
Vehicle Maintenance (Private)
Wholesale Trade
Article II. Permitted Uses Page 11
Temporary Construction Office (limited to period of construction)
Temporary Construction Materials Storage (limited to period of construction)
SECTION 3 USES, PERMITTED BY SPE ..IF _. .
The following uses are permitted only after first obtaining a "Specific Use Permit" as set forth in the
Unified Development Code.
Agricultural Uses
Stables (As a Business)
Institutional and Government Uses
Electrical Substation
Utility Shop and Storage
Water and Sewage Pumping Station (above grade)
Water Storage Tank and Pumping System (elevated or above grade)
Commercial
Medical Laboratory
R&D Laboratory
Wholesale Trade
Temporary Sales Office
Article II. Permitted Uses Page 12
ARTICLE III. DEVELOPMENT STANDARDS
SECTION 1 DENSITY AND SITE COVERAGE
Section 1.1 Floor Area Ratio
The maximum floor area ratio ("FAR") shall be 0.375:1. The transportation mitigation
measures shall be placed in service prior to the issuance of a certificate of occupancy for the
FAR as shown on illustration Figure 1.
Section 1.2 Lot Coverage
A minimum of twenty percent (20%) pervious area shall be required, excluding the 100 year
flood plain, the interior of surface parking lots, and the Town Edge.
Article III. Development Standards Page 13
SECTION I ILLUSTRATIONS
FIGURE I
FAR IMPROVEMENTS TO BE IN SERVICE
0 to .25 1. SH -114 at Precinct Line Road
Reassign the westbound Service Road to provide one
exclusive through -lane, one shared left -through -lane, and
one exclusive left -turn lane.
2. SH -114 at Kirkwood Boulevard
Add traffic signalization to the interchange.
3. Kirkwood Boulevard at Precinct Line Road
a. Add traffic signalization to the intersection.
b. Construct a major site driveway with a two-lane
approach opposite Kirkwood Boulevard to take
advantage of the traffic signal.
4. Other
Major driveways on Precinct Line Road and Lake Turner
Parkway may require future signalization and should be
assessed as warranted by demand. Site access drives
which are not at major intersections may require future
signalizations and should be assessed as warranted by
demand and be funded by the private sector.
.26 to .30 1. SH -114 at Precinct Line Road
Reassign the westbound Service Road to provide one
exclusive through -lane, one shared left -through -lane, and
one exclusive left -turn lane.
Article III. Development Standards Page 14
2. SH -114 at Kirkwood Boulevard
Add traffic signalization to the interchange.
3. Kirkwood Boulevard at Precinct Line Road
a. Add traffic signalization to the intersection.
b. Construct a major site driveway with a three -lane
approach opposite Kirkwood Boulevard to take
advantage of the traffic signal.
4. Other
Major driveways on Precinct Line Road and Lake Turner
Parkway may require future signalization and should be
assessed as warranted by demand. Site access drives
which are not at major intersections may require future
signalizations and should be assessed as warranted by
demand and be funded by the private sector.
5. SH -114 at Trophy Club Drive
Construct an additional northbound through -lane on Trophy
Club Drive at the westbound Service Road intersection to
provide four -lane approaches, assign dual northbound left -turn
lanes.
.31 to .35 1. SH -114 at Precinct Line Road
Reassign the westbound Service Road to provide one
exclusive through -lane, one shared left -through -lane, and one
exclusive left -turn lane.
2. SH -114 at Kirkwood Boulevard
Add traffic signalization to the interchange.
3. Kirkwood Boulevard at Precinct Line Road
a. Add traffic signalization to the intersection.
Article III. Development Standards Page 15
b. Construct a major site driveway with a three -lane
approach opposite Kirkwood Boulevard to take
advantage of the traffic signal.
C. Construct additional left -turn lane on northbound
approach of Precinct Line Road to provide a
three -lane approach.
d. Construct additional right -turn lane on northbound
approach of Precinct Line Road at Kirkwood
Boulevard.
4. Other
Major driveways on Precinct Line Road and Lake Turner
Parkway may require future signalization and should be
assessed as warranted by demand. Site access drives which
are not at major intersections may require future signalizations
and should be assessed as warranted by demand and be funded
by the private sector.
5. SH -114 at Trophy Club Drive
Construct an additional northbound through -lane on Trophy
Club Drive at the westbound Service Road intersection to
provide four -lane approaches, assign dual northbound left -turn
lanes.
.36 to .375 1. SH -114 at Precinct Line Road
Reassign the westbound Service Road to provide one
exclusive through -lane, one shared left -through -lane, and one
exclusive left -turn lane.
2. SH -114 at Kirkwood Boulevard
Add traffic signalization to the interchange.
3. Kirkwood Boulevard at Precinct Line Road
a. Add traffic signalization to the intersection.
b. Construct a major site driveway with a
Article III. Development Standards Page 16
three -lane approach opposite Kirkwood
Boulevard to take advantage of the traffic
signal.
C. Construct additional left -turn lane at
northbound approach of Precinct Line Road to
provide a three -lane approach.
d. Construct additional left -turn lane on
westbound approach opposite Kirkwood
Boulevard to provide a three -lane approach.
4. Other
Major driveways on Precinct Line Road and Lake Turner
Parkway may require future signalization and should be
assessed as warranted by demand. Site access drives which
are not at major intersections may require future signalizations
and should be assessed as warranted by demand and be funded
by the private sector.
5. SH -114 at Trophy Club Drive
a. Construct an additional northbound through -lane on
Trophy Club Drive at the westbound Service Road
intersection to provide four -lane approaches, assign
dual northbound left -turn lanes.
b. Construct additional southbound through -lane on
Trophy Club Drive at the westbound Service Road
intersection to provide four -lane approach.
Article III. Development Standards Page 17
SECTION 2 MINIMUM LOT SIZE
Thi mina . u s ze .hall e 200000 s uare feet.
SECTION 3 MINIMUM LOT WIDTH
The minimum lot width shall be 200 feet.
SECTION 4 MAXIMUM BUILDING HEIGHT
Section 4.1 General
Except as provided below, and as limited by Section 10 of this Article III and the Concept
Plan, the height limit for all structures shall be the lesser of five stories above grade or 75 feet.
The height of all structures shall be measured from the average grade around the perimeter
of the building except for that portion of the property adjacent to and abutting Dove Road
which shall be limited to 735 feet above mean sea level (MSL) for a distance of 1500 feet
north between Precinct Line Road and the western edge of the site as shown on the Concept
Plan. In addition, building height shall be setback based on a 5:1 slope from the closet
residential property line, and a 2:1 slope from adjacent public streets.
Section 4.2 Exceptions to Height Requirements
The height limits imposed above shall not apply to (a) chimneys and vent stacks, church
spires, elevator shafts, penthouses, cupolas, entry features, skylights, or other architectural
features that are not intended for occupancy or storage; (b) flag poles and similar devices; or
(c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures
and devices provided such equipment, fixtures, and devices are screened from view with a
solid wall that is architecturally consistent with the design of the building to which they are
attached.
SECTION 5 MINIMUM PRIMARY BUILDING SIZE
The minimum primary building size shall be 3,000 square feet.
SECTION 6 SETBACKS
Section 6.1 Front Yard Setbacks
A. The front yard setback shall be 100 feet.
B. Required front yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance; provided, however, ordinary projections of window
sills, belt courses, cornices, and other architectural features may not project more than
12 inches into the required front yard.
Article III. Development Standards Page 18
C. The front yard setback is measured from the front Iot line or from the required
right-of-way, whichever creates the greater setback.
D. A front yard setback shall be provided from all boundaries of the PD area.
Section 6.2 Rear Yard Setbacks
A. The rear yard setback shall be 100 feet.
B. Required rear yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance; provided, however, that ordinary projections of
window sills, belt courses, cornices, and other architectural features may not project
more than 12 inches into the required rear yard. A fireplace chimney may project up
to two feet into the required rear yard if its area of projection does not exceed 12
square feet. Roof eaves may project up to three feet into the required rear yard.
Balconies may not project into the required rear yard.
C. The rear yard setback is measured from the rear lot line.
D. A person need not provide a full rear yard setback for an accessory structure if the
structure does not exceed 15 feet in height. Where the rear yard is adjacent to an
alley, a three-foot setback must be provided. Where the rear yard is not adjacent to
an alley, no setback is required.
Section 6.3 Side Yard Setbacks
A. The side yard setback shall be 75 feet.
B. Required side yards must be open and unobstructed except for fences and signs
allowed by this PD Ordinance- provided, however, that ordinary projections of
window sills, belt courses, cornices, and other architectural features may not project
more than 12 inches into the required side yard. A fireplace chimney may project up
to two feet into the required side yard if its area of projection does not exceed 12
square feet. Cantilevered roof eaves may project up to three feet into the required
side yard. Balconies may not project into the required side yard.
C. The side yard setback is measured from the side lot line, except when a front yard is
treated as a side yard, in which case the setback is measured from the lot line or the
required right-of-way, whichever creates the greater setback.
D. Air conditioning units may be located in the required side yard, but not nearer than
one foot to the property line.
E. A person need not provide a side yard setback for an accessory structure if the
structure does not exceed 15 feet in height and is located in the rear 30 percent of the
lot.
Article III. Development Standards Page 19
SECTION 7 FENCING
A. The maximum height of any fence is seven feet, measured from the average grade
level at the base of the fence.
B. Chain link fences are prohibited unless they are completely screened from adjacent
public roadways, from all public open space and from all golf courses.
C. Only split rail, steel pipe, iron cable and turnbuckles, and living fences are allowed
adjacent to public roadways, public open space and golf course uses unless otherwise
approved by the Commission.
D. Solid fences (defined as any fence with more than 40% of its wall surface constructed
Of solid masonry) not more than 3.5 feet high are allowed (i) within any front, side,
or rear yard setbacks and within 10 feet of any public roadway or public open space
and (ii) within any front, side, or rear yard setback if the fence complies with the
following standards:
The wall area of the fence is comprised of at least 40% open fencing,
including such materials as iron, split rail, steel pipe, cable with turnbuckle or
wood rail; and
The remaining solid portion of the fence complies with the following
standards:
a) section lengths between columns shall not exceed 30 feet;
b) if two 30 -foot sections are contiguous, the next section must be
curved or otherwise offset so as to achieve at least a five foot
articulation;
c) no more than 60 feet of solid fencing will be permitted unless 20% of
the length of the solid fence portion is screened by berms (with an
average height of three feet) and plantings (with an average height of
two feet);
d) the solid portion of the fence shall have an average distance of 10 feet
from public roadways and public open space;
e) the fence shall be designed and constructed to avoid significant trees;
and
f) the fence shall not obstruct sight distance requirements at roadway
intersections.
E. Retaining walls are not visible from public roadways, public open space and golf
course are permitted.
Article III. Development Standards Page 20
SECTION 8 EXTERIOR WALLS AND BUILDING ARTICULATION
Section 8.1 Buildings of 100 square feet or more and over nine feet in height
as well as accessory uildings which are greater than 3,000 square feet in floor area (except
greenhouses and barns), shall be constructed of at least eighty percent (80%) masonry
construction (excluding windows, doors and screening of mechanicals) unless said wall is on
a porch, patio, courtyard, or breezeway, in which event, said wall may be of non -masonry
construction. Accent and trim materials may include architectural precast concrete commonly
known as "cast stone", stucco/EIFS, ornamental metal panel, spandrel glass, tile and
architectural fiberglass - GFRC, as well as those materials listed at Section 3.2 of Article V
of the UDC.
Section 8.2 Exterior Materials for Accessory Buildings
Exterior materials for accessory buildings shall be chosen to either minimize the building's
presence and subsequently blend into the surroundings or compliment the materials of the
primary building. Except as provided in Section 8. 1, acceptable materials include:
A. Stucco / EIFS
B. Painted Metal Panel
C. Treated Timber
D. Fiberglass Panel
E. Precast Masonry Units '
F. Glass
G. Brick
In addition, landscape screening, berms and strategic siting shall be employed where possible
as methods to minimize the building's presence.
Section 8.3 Building Articulation
A. Except as provided in paragraph B, below, buildings shall meet the articulation
standards of the UDC.
B. Alternatively, facade articulations may include the use of materials that vary and
manipulate window fenestrations, varying the size of window openings through the
use of one and two story design ex ressions and the application of surface materials.
Facade articulations should include:
Variation of building materials;
2. Manipulation of the building massing;
Color/texture;
4 Architectural elements: columns, pilasters, cornices;
Article III. Development Standards Page 21
Fenestration: varying window openings/size; and
6. Architectural detailing of the surface material: corbeling, reveals, relief, profiles.
TIO ut the alt t-na# re a a zlatic�r tandard .= of is�parag ah -B elevation-dr�aaa�ang�- Wing -&-
shall
shall be submitted to the Town Planner following schematic design. The Town Planner
shall review the elevation for compliance with the intent of this Section. The Town
Planner shall make a determination of compliance within 30 days from the date that
drawings are submitted. If no determination is made within the 30 day period, the
elevation shall be deemed to have been approved.
Section 8.4 Exceptions
Exceptions to the requirements of Sections 8.1, 8.2, and 8.3 of this Article may be
permitted on a case by case basis by the Town Planner upon submission and approval of
elevational drawings of the subject structure and material samples.
SECTION 9 LIGHTING STANDARDS
Section 9.1 Lighting Elements
The following lighting elements are allowed:
A. Lighting to illuminate (1) building facades (both from above and below), (2)
building entrances, (3) building loading and service areas, and (4) any other areas for
security purposes.
B. Lighting for all pedestrian areas including, but not limited to, courtyards,
entryways, sidewalks, walkways, hike, bike and equestrian trails, and any areas that
represent a hazard or include a change in elevation (such as ramps, curbs and curb cuts);
C. Lighting for parking areas, access drives, and internal vehicular circulation ; and
D. Lighting for all landscaped areas.
Section 9.2 Lighting Standards
A. Illumination. Illumination shall not exceed 0.2 foot candles per square foot at
any single family property line.
B. Glare. Fixture design and orientation shall minimize glare as viewed from
roadways. All direct down lighting shall be accomplished with shielded lights with total
cutoff above 80 degrees. All fixtures located at a site perimeter shall be equipped with
a shield to reduce spill light outside the site.
C. Luminaire Height.
1. Luminaries used for buildingg security or to illuminate building facades,
entrances, and loading and service areas may be installed (i) on the building facade but not
above the building roof line; and (ii) anywhere on the lot with a maximum height of 25
feet, but not higher than the building roof line.
2. Luminaries used to illuminate pedestrian areas shall have a maximum
height of 12 feet, and no pedestrian walkways are allowed between upright fixtures and
Article III. Development Standards Page 22
a building.
3. Luminaries used to illuminate parking decks shall be a maximum height of
15 feet.
D. Prohibited Lighting. High pressure sodium light fixtures shall be prohibited
sources of exterior lighting throughout the PD area.
SECTION 10 RESIDENTIAL PROXIMITY SLOPE
Section 10.1 Determination of Proximity Slope Height Restrictions
Except as provided in Section 10.2 below, structures shall not exceed: (i) the height of
a line drawn at a slope of 5:1 from an angle originating from any property line or lot line
zoned for single family use; and (ii) the height of a line drawn at a slope of 2:1 from an
angle originating from any right-of-way line for a public roadway. If the grade of the
ground rises or falls from the point of origin of the slope line, the maximum permitted
height shall increase or decrease, respectively, by the vertical measurement of the
difference in grade.
Section 10.2 Exceptions to Slope Requirement
The height limit imposed by Section 10.1 above shall not apply to any of the following
uses (regardless of their location): electrical substation or utility distribution lines.
Section 10.3 Typical Illustration
Article III. Development Standards Page 23 `
ARTICLE IV. ROADWAY CONSTRUCTION STANDARDS
SECTION 1 STANDARDS
Section 1.1 Street.
The development may include roadways designed to Collector Streets, Commercial
Street, Local Street and Alley standards, as well as private drives.
Section 1.2 Bridging of Floodplain and Waterway
Crossing the floodplain shall be allowed in the general locations shown on the Concept
Plan subject to the normal Town review standards and procedures established in Article
XIV Flood Plain and the Town's Engineering Standards.
Article IV. Roadway Construction Standards Page 24
ARTICLE V. PARKING AND LOADING STANDARDS
Parking and loading standards for each permitted use shall be those standar s designated in the
Unified Development Code for Office use unless modified by the following standards.
SECTION 1 PARKING SPACE STANDARDS
A maximum of 20% of the required parking spaces may be dimensioned for small cars.
SECTION 2 OFFICE USE PARKING REQUIREMENT
Parking for office uses shall be provided at a minimum ratio of one (1) space for each 300
square feet of floor area devoted to office uses.
SECTION 3 HANDICAPPED PARKING
Space and route design standards shall comply with all ADA and TADA design standards.
SECTION 4 OFF-STREET LOADING REQUIREMENTS
Gross Floor Area
(Square Feet)
Minimum Required Loading Spaces
Office
Retail
Office/Ind.
Hotel
Restaurant
0 to 20,000
none
none
none
none
none
20,001 to 40,000
1
1
1
1
1
40,001 to 100,000
1
2
2
( 1
1
100,001 to 160,000
2
2
2
2
N/A
160,001 to 260,000
2
3
3
2
i N/A
260,001 to 360,000
3
3
3
3
N/A
360,001 to 460,000
3
4
4
3 '
N/A
460,001 to 600,000
3
5
5
3
N/A
600,001+
4
Study
Study
3
N/A
SECTION 5 LIGHTING OF PARKING AND LOADING AREAS
Lighting of parking and loading areas shall be done in accordance with the requirements of
the UDC, as may be modified by Section 9 of Article III of this Ordinance.
Article V. Parking and Loading Standards Page 25
ARTICLE VI. LANDSCAPE REQUIREMENTS
SECTION 1 PURPOSE AND APPLICABILITY
Section 1.1 Purpose
It is the intent of this Article to preserve and protect the unique natural beauty and
environment of the Town; to preserve and enhance views from public roadways; to provide visual
buffering and screening for service and loading areas and for parking areas; to enhance and beautify
the freeway edges; to ensure that significant natural features of native trees, views and significant
topography involving water bodies are preserved; to provide a general tree cover that will assist
private properties in the development of energy conservation measures; and to provide for the health
and comfort of the public by providing tree canopy for parking lot areas.
Section 1.2 Applicability
This Article applies to all new development within the PD.
SECTION 2 PROCEDURES
Section 2.1 Prior to Issuing a Building Permit
Prior to the issuance of any building permit, a tree survey and protection plan, a landscape
plan, a grading plan and an irrigation plan must be submitted and approved as part of the PD
Site Plan process. These plans may be combined on one or more drawings.
Section 2.2 Variations Approved on PD Site Plan
The Board may approve variations to requirements set out in this PD when approving a PD
Site Plan in which such variations are clearly identified.
SECTION 3 LANDSCAPE DEVELOPMENT STANDARDS
Section 3.1 General - The Town's standards for roadway landscape zones and roadway median
landscape development only apply to public roadways. These standards will not apply
to private roadways constructed on site.
A. Existing Trees and Ponds. Existing trees and ponds shall be preserved and
protected whenever possible and may be enhanced pursuant to the provisions of this
PD Ordinance and the PD Concept Plan.
B. Sight Distance Easements at Street and Driveway Intersections. Landscaping
must meet the requirements for sight distance easements as established in the UDC.
C. Provision of Landscaping. Requirements are divided into the following categories:
1) town edge landscape zone (illustrated on Figure i A and 1 B);
2) roadway landscape zone (illustrated on Figures 2A and 213);
3) roadway median landsca a zone (illustrated on Figure 3);
4) parkins lot landscaping illustrated on Figures 4A, 4B, 4C, 4D and 4E);
5) screening of parking (illustrated on Figures 5A, 513, 5C, and 5D);
6) structured parking landscaping (illustrated on Figure 6);
7) general site tree planting (illustrated on Figure 7); and
Article VI. Landscape Requirements Page 26
8) screening of loading and service areas (illustrated on Figures 8A, 813, 8C and
8D); and
9) plant material sizes and tree pits (illustrated on Figures 9A and 913).
landscape plan in the LTDC.
Section 3.2 Town Edge Landscape Zones
A. Intent. It is the intent of this subsection to preserve and enhance the Town's highly
visible edge in order to reinforce the rural and natural qualities of the community and
to contribute to the health, safety and welfare of the community. This zone can
facilitate positive vistas to prominent knolls and valleys while softening development
with tree massings that will establish a unique rural environment for the Town.
B. Location of Town Edge Landscape Zones.
1. State Highway 114 There shall be a landscape zone along S.H. 114. The
landscape zone shall have an average width of 150 feet and a minimum width
of 70 feet from the highway right-of-way, as shown on the Concept Plan.
C. Landscape Treatment of Town Edge Landscape Zones.
1. Alternative Treatments. The Town edge landscape zone may be treated in
one of two ways, at the option of the owner, by an earth berm or forested
edge as set out below.
2. Earth Berm.
t
a) State Highway 114. The earth berm may vary in width and height
but shall have a maximum 5:1 slope from the property line to the ridge
line and a maximum 3:1 slope from the highway right-of-way line to
the ridge line. The berm shall be a minimum height of six (6) feet.
b) Wildflowers. Wildflowers may be planted along the berm.
C) Trees. Trees shall be planted along the earth berm in the following
manner.
Quantity: There shall be a minimum of thirteen (13) trees per
10,000 square feet of the area measured from the ridge line of
the berm to the edge of the landscape zone that is not adjacent
to the highway right-of-way line.
Size: At least 60% of the trees shall be large trees, and the
remainder shall be small trees.
3. Forested Edge.
a) As an alternative to creating an earth berm, a developer may elect to
create a forested edge within the Town edge landscape zone, which
includes a minimum of seventeen (17) trees per 10,000 square feet of
the entire area of the Town edge landscape zone. At least 60% of the
trees shall be large trees, and the remainder shall be small trees.
Article VI. Landscape Requirements Page 27
b) Wildflowers may be planted within the zone.
Section 3.3 Roadway Landscape Zones
jntPnt_ Ti is the intent of Rnariwa
thickets and create newly planted tree groves in tight natural appearing clusters,
which create a rural edge and definition of roadways in the Town.
B. Application. Roadway Landscape Zones occur on all public streets.
C. Zone Width. The width of the landscape zone is measured from the outside edge
of the street pavement to the required building setback line on both sides of the
street.
D. Landscape Requirement.
1. Tree Density. A minimum of six (6) trees are required per one hundred
(100) linear feet of landscape zone on each side of the roadway, which may
be planted anywhere within the Roadway Landscape Zone. Credit will be
liven for maintaining existing trees of equal or greater size which are listed
m the Town's Approved Plant List.
2. Tree Size. There shall be a minimum of sixty percent large trees with the
remainder being small trees. Tree sizes and measurement shall conform to
Subsection 3. 10, Acceptable Landscape Materials.
3. Protected Trees. Protected trees of 8 inch or greater caliper identified in
Article IX Tree Preservation, that are to be removed within a roadway
R.O.W., shall be replaced with trees from the Town's Approved Plant List.
A sufficient number of trees shall be planted to equal, in caliper, the
diameter of theprotected tree(s) that are removed. The replacement trees
shall be located first within the Roadway Zone. If there is not sufficient
planting space within the Roadway Zone to meet the tree replacement
requirements, then they may be planted within other portions of the lot, in
the median (if present), or on other land or roadways in the subdivision or
Township.
Section 3.4 Roadway Median Landscape Development
A. Intent. It is the Intent of this subsection to ensure that medians, resulting from
roadway construction shall contribute to the rural character of the community through
forestation.
B. Application. This standard applies to any medians that occur within roadways in the
Town.
C. Landscape Requirement.
1. Tree Density. Medians may vary in width, and shall contain a minimum of
thirteen (13) trees per 10,000 square foot of median area.
2. Tree Size. There shall be a minimum of sixty percent large trees with the
remainder being small trees. Tree sizes and measurement shall conform to
Subsection 3.10 Acceptable Landscape Materials.
Article VI. Landscape Requirements Page 28
3. Tree Placement. Tree placement and arrangement shall be in tight clusters
and groupings, tying median and street shoulders together to achieve a
complete street corridor that is as natural and rural in appearance as possible.
A. Intent. It is the intent of this subsection to provide landscape development within
parkin,$ lots that maintains and enhances the rural, natural qualities of the Town, while
providin shade and breaking up large parking areas. Tree planting requirements also
help reduce the impact of automobiles on the environment, help to reduce solar
damage to automobiles, and provide visitors with a healthier and more comfortable
environment.
Article VI. Landscape Requirements Page 29
B. Landscape Areas.
square feet of landscaped -area for each required off-street parking space. A
maximum of 200 parking spaces is permitted in each defined parking lot.
Parking located in parking structures is not included in the calculation of
required landscape area.
2. Parking Lot Edge. A Parking Lot Edge shall surround each parking lot and
shall be a minimum often (10) feet wide. The Parking Lot Edge may overlap
any parking setback line. When separating two parking lots, the Parking Lot
Edge along the outside perimeter of each parking lot shall be a minimum of
twenty (20) feet wide and shall contain an average minimum three (3) foot
high berm, as measured from the higher of the curb or paving elevation. If
there is a three (3) foot or greater differential in the elevations of the edges of
the parking lots being separated, then screening in the Parking Lot Edge shall
be provided using one of the following options: (a) an average two (2) foot
berm, as measured from the higher of the curb or paving elevation or (b) a
two (2) foot high planting or hedge. Parking Lot Edges may facilitate the
grading and terracing of parking lots on a site.
3. Location of Required Landscape Area. Required landscape area shall
occur entirely within the parking lot and Parking Lot Edge.
C. Landscape Requirement.
1. General. Required landscape areas may take the form of "Parking Lot
Edges", "Spot Islands" or "Linear Islands", depending on site design and the
preservation of natural site features. All islands within parking lots shall occur
in one of two general forms: Spot Islands or Linear Islands. All required
landscape areas shall:
a) be planted with living plant materials;
b) allow for pedestrian walking surfaces across them to provide
improved pedestrian circulation across the parking lots (except those
Spot Islands described in CA. below); and
C) have a minimum of one (1) tree located in each island.
Twenty-five percent (25%) of all Spot Islands shall include a row of small shrubs the
length of the Spot Island (except those Spot Islands described in CA(b) below) and
twenty-fiveercent (25%) of all Spot Islands shall be planted with ground cover,
resulting in fifty percent (50%) of all Spot Islands planted with either small shrubs or
ground cover.
2. Tree Density. There shall be a minimum of one (1) tree per 2.5 parking
spaces in all parking areas. These trees may be planted anywhere within the
parking lot (including Spot Islands and Linear Islands) or within the Parking
Lot Edge.
3. Tree Size. At least 60% of the trees shall be large trees, and the remainder
shall be small trees.
Article VI. Landscape Requirements Page 30
4. Spot Islands. A Spot Island shall be located within a maximum fifteen (15)
feet of each parking space (measured from the nearest curb line of the island
to the nearest point on the edge of the parking space). Spot Islands shall be
either (a) a minimum of six (6) feet wide by eighteen (18) feet long, (b) a
/Cl G_ �__'J_ t___ L__ fc% f__. L.__ /i'.__'._-1._ nrn/ r. f
number of spot islands in a 200 space parking cell) or (c) a minimum of nine
(9) feet wide by eighteen (18) feet long. Spot Islands shall be measured from
inside curb to inside curb. The location of Spot Islands shall recognize
convenient pedestrian circulation routes and walks.
5. Linear Islands. Linear Islands shall not be less than five (5) feet in width and
shall be designed as long and narrow planted strips, breaking larger lots into
smaller linear parking cells. Linear Islands are appropriate on sites of steeper
terrain, running parallel with existing topographic contours, to preserve
existing trees and better integrate existing rural topography. Linear Islands
shall be located within a maximum fifteen (15) feet of each parking space
(measured from the nearest curb line of the island to the nearest point on the
edge of the parking space).
6. Existing Trees and Natural Features. Notwithstanding the provisions set
forth in subsections 3.3(C)(4) and 3.3(C)(5) above, the location of all
landscaped islands should be adjusted to accommodate existing trees or other
natural features, provided that the total landscape area requirements are met.
Section 3.6 Structured Parking Landscaping
All structured parking facilities shall be bordered by a 25' landscaped zone that will
employ a combination of naturally formed berms with a range in height of plant
material which is scaled to the vertical dimension of the structure. An average height
of landscaping treatment of 10'-0" shall be maintained to the lowest level of exposed
facade.
Section 3.7 Screening of Surface Parking
A. General.
It is the intent of this subsection to screen all parking areas from public roadways and
from publicly dedicated open space. The screen shall be a minimum of thirty-six (36)
inches in height and shall be achieved through one of the following methods:
1. A berm; or
2. A planting screen; or
3. A combination of the above; or
4. Otherwise as shown on an approved PD Site Plan.
B. Parking Lot Edge.
Screening shall generally be placed within the parking lot edge.
Section 3.8 General Site Tree Planting
A. Intent.
It is the intent of this subsection to plant trees to improve energy conservation and
Article VI. Landscape Requirements Page 31
comfort levels, as well as to enhance the rural character of the Town. Tree groupings
located in close proximity to buildings on the south and southwest sides will reduce
sun exposure, glare and heat build-up, particularly during the warm summer months.
Conversely, chilling winter winds from the north and northwest can be buffered and
ro �it�d�wltpr�er�tr-planiingr, rlpngdraer��ould
re -directed toward external public spaces to enhance the comfort and enjoyment of
these protected areas.
B. Method to Determine Tree Requirement.
1. Land Area. General site tree density is derived from the amount of
permeable green space on the site (excluding Town edge landscape zones,
roadway landscape zones, parking lot Spot Islands and Linear islands, parking
lot edges and screening for loading and service areas). Permeable green space
is defined as planted or grassed areas, as opposed to impervious surfaces such
as building or parking areas, plazas and walkways.
2. Tree Requirement. A total minimum of twenty-five (25) large trees shall
remain or be planted per acre of the site's permeable green space (along with
native plant species). This quantity of trees is in addition to trees required in
parking areas, the Town edge landscape zone, roadway landscape zones,
roadway medians and in screening of loading and service areas.
C. Tree Size. All trees shall be large trees (however, two ornamental trees may be
substituted for one large tree).
Section 3.9 Screening of Loading and Service Areas
A. Intent. it is the intent of this subsection to screen service and loading areas from
residential areas and from publicly dedicated open space and public roadways. It is
also the intent of this subsection to screen dumpsters from view.
B. Screening of Loading and Service Areas.
1. All off-street service and loading areas which abut a residential area or
publicly dedicated open space or public roadways must be screened from view
with a landscape reserve along such service or loading area. Screening within
the landscape reserve may be accomplished through one of the following
methods (at the option of the owner):
a) A walllus a minimum of one large tree planted per each thirty (30)
linear feet of landscape reserve; or
b) Large evergreen shrubs with an initial height that will create a solid
planting within two (2) years plus a minimum of one large tree
planted per each thirty (30) linear feet of landscape reserve; or
c) Evergreen trees planted to create a solid planting within two (2) years
at a minimum height of eight (8) feet. Trees shall be a species of
Eldarica Pine, Savannah Holly, Leyland Cypress or [other species]; or
d). A berm with evergreen shrubs planted to create solid planting within
two (2) years plus a minimum of one large tree for each thirty (30)
linear feet of the berm. The minimum height of the berm shall be three
(3) feet, measured from the highest existing elevation of the landscape
reserve. Berm side -slopes shall not exceed a 3:1 slope (to allow safe
mowing and maintenance of the slope). Evergreen shrubs shall be
Article VI. Landscape Requirements Page 32
planted on the berm for an extra five (5) feet minimum screen height.
Furthermore, a minimum of one large tree shall be planted for each
thirty (30) linear feet of the berm.
v C c"i-Rinf:,11.[np.ttrc,
1. Placement. Dumpsters shall be located at the side or rear of the property
outside of the required building setback areas.
2. Screening. Dumpsters shall be screened on three sides, using one of the
following methods (at the option of the owner):
a) A masonry wall enclosure (compatible with adjacent architecture) of
a height that is a minimum of one foot above the top of the dumpster;
or
b) A planting enclosure of large evergreen shrubs planted a minimum of
four (4) feet apart that shall create a solid screen to a minimum height
of seven (7) feet within two (2) years; or
c) A combination of the above; or
d) Otherwise as shown on an approved PD Site Plan.
Section 3.10 Acceptable Landscape Materials
A. No Artificial Plants. No artificial plant materials may be used to satisfy the
requirements of this PD.
B. Plants Meeting Landscape Requirements. Plant materials used to meet the
landscape requirements of this PD Ordinance must comply with the following
minimum size standards at the time of installation (acceptable landscape materials are
illustrated at Figure 8).
1. Large Trees. Large trees must have a minimum caliper of three (3) inches,
and a minimum height often (10) feet. .
2. Small Trees. Small trees must have a minimum caliper of two (2) inches and
a minimum height of eight (8) feet.
3. Ornamental Trees. Ornamental trees must have a minimum height of eight
(8) feet.
4. Large Evergreen Shrub. A large evergreen shrub must have a minimum
height of three (3) feet.
5. Small Shrub. Small shrubs must be a minimum of a three (3) gallon
container in size.
6. Vines. Vines must be a minimum of a one (1) gallon container in size.
7. Ground Cover. Ground cover must be a minimum of a four (4) inch pot
container in size.
8. Grass. Solid sad, Hydro -Mulch or seeding may be used.
C. Height of Plant Material. Material height is measured from the top of the root ball
Article VI. Landscape Requirements Page 33
C. Height of Plant Material. Material height is measured from the top of the root ball
or, if the plant is in a container, from the soil level in the container.
of this PD Ordinance, the
SECTION 4 IRRIGATION REQUIREMENTS
Section 4.1 General
The owner shall be responsible for the health and vitality of plant material through irrigation,
except for natural and undisturbed areas, of all landscaped areas and plant materials, and
shall:
A. Provide a.moisture level in an amount and frequency adequate to sustain growth of
the plant materials on a permanent basis.
B. Ensure that such plant materials are in place and operational at the time of landscape
inspection at least nine months after the issuance of the Certificate of Occupancy.
C. Ensure that such plant materials are maintained and kept operational at all times to
provide for efficient water distribution.
Section 4.2 Irrigation Methods
A. Landscaped Areas. One of the following irrigation methods shall be used to ensure
adequate watering of plant material in landscaped areas (at the option of the owner):
1. Conventional System. An automatic or manual underground irrigation
system (which may be a conventional spray or bubbler type heads).
2. Drip or Leaky -Pipe System. An automatic or manual underground
irrigation system in conjunction with a water -saving system such as a drip or
leaky pipe system.
3. Temporary and Above Ground Watering. Landscape areas utilizing
xeriscape plants and installation techniques, including areas planted with
native grasses and wildflowers, may use a temporary and above ground
system, and the owner shall be required to provide irrigation in such areas for
the first two growing seasons only.
B. Natural and Undisturbed Areas. No irrigation shall be required for undisturbed
natural areas or undisturbed existing trees.
SECTION 5 LANDSCAPE COMPLETION REQUIREMENTS
Section 5.1 Landscaping Required Prior to Certificate of Occupancy
Except as otherwise provided, all landscaping must be completed in accordance with an
approved Landscape Plan prior to after the issuance of a Certificate of Occupancy.
Section 5.2 Performance Bond
Notwithstanding Section 5.1 above, the property owner may provide the Town with a
performance bond or other security described in Article VII, Section 7, approved by the
Article VI. Landscape Requirements Page 34
Town that ensures that the landscaping will be completed within 9 months from the date of
the issuance of the Certificate of Occupancy. The bond shall be for an amount that would
pay for the cost of completing the approved Landscape Plan if the property owner were to
fail to comply within the 9 month period.
SECTION 6 LANDSCAPE MAINTENANCE REQUIREMENTS
Section 6.1 Owner Responsibility
Property owners shall be responsible for maintaining all landscaping on their property,
including the area between the property line and the curb line of any public street.
Specifically, property owners will be responsible for:
A. The regular maintenance of all required landscape areas and plant materials in a
vigorous and healthy condition, free from weeds and litter. This maintenance shall
include weeding, watering, fertilization, pruning, mowing, edging, mulching and
other needed maintenance, in accordance with generally accepted horticultural
practice;
B. The regular maintenance, repair or replacement of landscape structures (walls,
fences, etc.) to a structurally sound condition, and
C. The regular maintenance, repair or replacement of any screening or buffering
required.
Section 6.2 Enforcement
Failure to regularly maintain in accordance with this PD will constitute a violation of this PD
and will be subject to enforcement in accordance with the UDC.
Article VI. Landscape Requirements Page 35
SECTION 7 ILLUSTRATIONS
Figure 1: A. Town Edge Landscape Zone - six foot earth berm
B. Town Edge Landscape Zone - forested edge
Figure 2: A. Roadway Landscape Zone - zone width
B. Roadway Landscape Zone - tree planting requirements
Figure 3: Roadway Median Landscape Zone
Figure 4: A. Parking Lot Landscaping - alternative 1
B. Parking Lot Landscaping - alternative 2
C. Spot Islands (6' x 18' and 9'x 18') - minimum standards
D. Spot Islands (5'x 5') - minimum standards
E. Linear Islands - minimum standards
Figure 5:
A.
Off -Street Parking Screening - planting
B.
Off -Street Parking Screening - wall fence
C.
Off -Street Parking Screening - berm
D.
Off -Street Parking Screening - rail fence with vines
Figure 6:
Structured Parking
Figure 7:
General Site Tree Planting
Figure 8:
A.
B.
Off -Street Loading - pairing of docks
Off -Street Loading -.buffer reserves for docks
C.
Off -Street Loading - screening of docks
D.
Off -Street Loading - screening of dumpsters
Figure 9:
A.
Plant Material Sizes
B.
Tree Pits
Article VI. Landscape Requirements Page 36
Figure lA To►m Edge Landscape Zone - six foot earth berm
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Figure 1B
Town Edge Landscape Zone - forested edge
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Figure 2A
Roadway Landscape Zone - zone width
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Roadway Landscape Zone - tree planting requirements
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Figure 3
Roadway Median Landscaping
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% - �vairf Roadway
Median Requirementr
• 13 trey per 10, 000 S. F. of mrdian area
• 6035 beer minimum 3' rcli, perl10 foot minimum height
• 4035 trey minimum 2•raliperl8 foot minimum hni ht
Figure 4A
Parking Lot Landscape - Alternative 1
d
Yx5' Spot Islands
200 Parking Spaces with 1 tree required per
2.5 spaces = 80 Trees
60 S.F. of landscape area per required off-street space =
12,000 S.F. of landscape area
Total Parking Area: 78,162 S.F.
Pavement: 63,733 S.F.
Landscape Area: 14,429 S.F.
Spot Islands:
Type A (6' x 18') : 23
Type B (5' x 5') : 6 (21 % of Total)
Total: 29
Landscape Area Coverage: 19%
15' of a spot island
10' Pa:king Edge
20' Between Parking Areas
Not to Scale
Figure 4B
Parking Lot Landscape — Alternative 2
6'x 18' Spot Islands
14.KJ I K.21)
. 1. � inT .1-.. .1
200 Parking Spaces with 1 tree required per
2.5 spaces = 80 Trees
60 S.F. of landscape area per required off-street space
12)000 S.F. of landscape area
Total Parking Area: 82,880 S.F.
Pavement: 65,491 S.F.
Landscape Area: 17,389 S.F.
Spot Islands:
Type A (9'x 18') 18
Type B (6'x 18') 14 -
Type C (5'x 5') : 6 (21 % of Total)
Total : 38
Landscape Area Coverage: 21%
15' of a spot island
10'Parking Edge
20' Betwern Pa:kinj Areas
Not to Scale
7;NT Cl I MIA1.
[aim
Figure 4C
Spot Islands — 1
(6' x 18' and 9'x to
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Figure 4F
lt� Spot Islands Wx5"
minimum standards
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Figure 4D
Linear Islands - minimum standards
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Figure 5A
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Figure 5C
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-------------
Parking Peck: (3) levels
Figure 6
is
ypical Structured Parking
54M grade bgymd
average landscape screen height
10' from lowest facade element
Figure 7
General Site Tree Planting
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Figure 8A
Off -Street Loading - pairing of docks
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Figure 8C
METHODS OF SCREENING OFF -STRUT LOADnya DOCK2
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Figure 8D
Off -Street Loading - screening of dumpsters
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Figure 9A
Page 1 of 2
Plant Material Sizes
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Figure 9A
Page 2 of 2
Plant Material Sizes (continued)
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ARTICLE VII. SPECIAL DEVELOPMENT STANDARDS
The following development standard shall govern development within the district
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regulations in effect at the time of passage of this Ordinance pertaining to the same subject matter
that are not expressly varied by the standards that follow shall be applied to development within the
district.
SECTION I VARIANCE
Except as provided below, variances and special exceptions may be granted in accordance with the
Town's standard procedures. Notwithstanding the foregoing, however, the Board (as part of a PD
Site Pian) shall have the authority to approve (i) variances with respect to height, landscaping, open
space, and signs; and/or (ii) approve increasing or decreasing the size of any land use sub -area
shown on the PD Concept Plan by a maximum aggregate amount of five percent (5%).
SECTION 2 CONSEQUENCES OF BOARD DENIALS
Any denial by the Board of any action which requires Board approval shall be deemed a denial
"without prejudice" unless this PD Ordinance expressly provides otherwise.
SECTION 3 BOARD AND COMMISSION APPROVALS
Except as otherwise provided by state law, all approvals of the Board or Commission required by
the PD Ordinance, or the Applicable Town Ordinances shall be by simple majority vote.
SECTION 4 STREET AND HEAD -IN PARKING
Street parking and head -in parking are allowed on private drives and roadways.
SECTION 5 SURVEY MONUMENTS
Survey monuments may be set using the current standards as established by the Texas Surveyor's
Association. No survey monumentation shall be permanently buried.
SECTION 6 MAINTENANCE PERIOD
When public infrastructure (e.g., roadways, storm drainage, water lines, and wastewater) has been
complete and accepted by the Town, there shall be provided to the Town a bond (or other security
acceptable to the Commission) that will provide for the maintenance of such infrastructure for a
period of one (1) year after acceptance.
SECTION 7 FORM OF SECURITY
If this PD Ordinance or any of the Applicable Town Ordinances requires security for any obligation
imposed by such ordinance, such security may be in the form of a cash deposit, letter of credit,
performance bond, pledge of governmental securities, or other collateral reasonably acceptable to
the Board.
t
Article VII. Special Development Standards Page 37
SECTION 8 TIMING OF SECURITY
If this PD Ordinance or any of the Applicable Town Ordinances requires security for any obligation
Security shall not be required until construction
SECTION 9 BOUNDARY SURVEY
the secured obligation begin5,dW -, �piQpyiq�►D
A boundary survey submitted with any preliminary plat shall be required to close and shall be
certified by a licensed surveyor of the State of Texas.
SECTION 10 FOUNDATION AND FRAMING
Foundation work and first floor framing may be completed before fire protection improvements must
be completed.
SECTION 11 FINISHED FLOOR LEVEL
The finished first floor of any building must be 18 inches above the highest point in any septic
system drain field.
SECTION 12 OVERSIZE COSTS
The Town may require that public roadways, water lines, and sanitary/the
nes be oversized. If
such oversizing is required by the Town, the incremental cost (includn and construction)
of the oversizing shall be paid by the Town as funds become availablee the improvements
are completed in proportion to the respective increases in costs or as set forth in the Economic
Development Agreement.
SECTION 13 UNIFIED DEVELOPMENT SITES
Any platted lots may contain multiple separate structures, and each structure may contain multiple
uses that are permitted by right as principal uses (together with all uses that are accessory to such
principal uses). Any lot with multiple "principal use" structures may be designated by the owner(s)
as a "unified development site" forpurposes of complying with the provisions of the PD Ordinance
and with the Applicable Town Ordinances. Any part of a unified development site (together with
improvements located or to be constructed thereon) may, from time to time, be leased or sold (by
metes and bounds or other legally sufficient description); and the partleased or sold may be
developed, used and occupied without having to be platted, and the remaining part of the unified
development site may be developed, used, and occupied without having to be replatted. Regardless
of ownership, the unified development site shall continue to be treated as one lot. A lot may be
designated to the Town Planner as a unified development site at any time. Such designation must
be in writing and must be signed by all owners of the lot; and such designation cannot be removed
without the consent of all owners within the unified development site.
SECTION 14 TRAFFIC IMPACT ANALYSIS - LEVEL OF SERVICE
The PD Districts were created based on a traffic impact analysis ("TIA") for the entire PD that was
approved by the Board and that included "levels of service" (for roadways and intersections shown
on the PD Concept Plan) that were deemed acceptable by the Board. Updates of the original traffic
impact analysis will be required whenever any amendment to the Concept Plan is proposed that
materially increases peak hour tri,generation for the build out of the site beyond the peak hour trips
estimated in the most recent traTc impact analysis and at the time of each PD site plan approval,
Article VII. Special Development Standards Page 38
unless waived by the Town Engineer, for the purpose of determining on-site or abutting roadway
improvements as set forth in Illustration 1 of Article III, Section 1. The TIA requirement is to be
used for the sole purpose of determining the status of roadway improvements and site -related
driveway access locations and size; it is not to be used to justify a lower density or additional off-site
improvemen .
SECTION 15 UTILITY EASEMENTS
Utility easements may be located as necessary to adequately serve development. Utility easements
are not required to follow street alignments and may be located on or adjacent to lot lines.
SECTION 16 ADA STANDARDS
To the extent, if any, that the Applicable Town Ordinances are in conflict with the design standards
of the Americans with Disabilities Act or the Texas Architectural Barrier Statute, the standards of
such acts shall control.
SECTION 17 BRIDGE SURFACES
Exposed surfaces of bridges may (at the option of the developer) be constructured of concrete,
imbedded stone, cast stone, or other material approved by the Board.
SECTION 18 FIRE LANES
Fire lane width and radius must be approved by the Fire Marshall.
SECTION 19 DEAD-END WATER LINES
Dead-end water lines less than 600 feet shall be allowed.
SECTION 20 WATER LINES
Water lines within residential subdivisions may be installed within rights-of-way or easements.
SECTION 21 DEPTH OF COVER
The minimum depth of cover over water lines shall be 42 inches.
SECTION 22 FIRE HYDRANT SPACING
Maximum fire hydrant spacing shall be 1,000 feet, and all parts of a building must be within 500 feet
of a fire hydrant.
SECTION 23 FLOODPLAIN AND DRAINAGE RELOCATION
Section 23.1
Floodplain and drainage ways may be relocated provided the relocated floodplain or relocated
drainage way (i) is consistent with the applicable PD Concept Plan, (ii) complies with applicable
state and federal regulations, and (iii) retains a natural character; (iv) no rise in the 100 year water
surface upstream or downstream of the property; (v) no net loss in Valley storage; and (vi) discharge
velocity shall be non-erosive. In addition it shall not result in (i) a rise in the 100 year surface
upstream or downstream of the property, (ii) a net loss of Valley storage, or (iii) an erosive discharge
velocity.
Article VII. Special Development Standards Page 39
Section 23.2
Improved channels may be lined where there is erosive velocity. The erosive velocity shall be
determined based on a site specific geotechnical investigation which determines the soil type in the
�m��1 cover. e
lining shall not be concrete lined.
SECTION 24 MANHOLES
The maximum distance between manholes shall be 500 feet for all line sizes. Manhole steps shall
not be required.
SECTION 25 SANITARY SEWER LINES
The minimum size for sanitary sewer lines shall be six inches in diameter. The maximum depth for
sanitary sewer lines (from finished grade to the bottom of the line) shall be 20 feet. Visual
inspection of sanitary sewer lines shall occur prior to acceptance and prior to the expiration of the
maintenance bond.
Article VII. Special Development Standards Page 40
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LEGEND
CONCEPT I rLj-UN
Maverick Commercial Real Estate
Date: August 3, 1998
Property Line
Topography
Flood Plain
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M4*wm public Open Space (81 Acres)
Minimum Pf"LA Open Spam (471 Acres)
Site Acreage (309-305 Acres)
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Section 10.3 Illustration
-4
TOWN OF WESTLAKE
ORDINANCE NO. 306- SUP -01
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE
ABY
GRANTING A SPECIAL USE PERMIT FOR A PRIVATE TRINITY WATER WELL,
LOCATED WITHIN THE FIDELITY INVESTMENTS PROPERTY; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE
RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of
facts presented on the application for a Special Use Permit and at the public hearings on same, the
following:
1. That the proposed use is consistent with the existing uses of adjacent and nearby property;
2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent
and nearby property anticipated to be in place upon expiration of the term of the Special Use
Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in
effect on the date of granting of said permit;
3. That the proposed use will not impair development of adjacent and nearby property in
accordance with said Comprehensive Plan;
4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic
patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's
Comprehensive Plan.
WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of
Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake
and State Law with reference to the granting of Special Use Permits under the Zoning Ordinance and
Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings
and affording a full and fair process to all property owners generally, and to the persons interested and
situated in the affected area and in the vicinity thereof, the Town Council of the Town of Westlake is
of the opinion that said change in zoning use should be made, subject to the conditions set out herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY 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 the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be,
and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant
a Special Use Permit, for a private water well, located within the property owned by Fidelity
Investments.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Fidelity Investments zoning ordinance and the Comprehensive Zoning
Ordinance of the Town of Westlake as herein amended by the granting of a Special Use Permit and
approval of an associated location plan for private water well, in accordance with the approved well
location plan attached hereto as Exhibit "A", and incorporated herein by reference.
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 Comprehensive Zoning
Ordinance of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed
the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this
ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that portion so decided to be invalid. or
unconstitutional.
SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the
right to seek injunctive relief for any and all violations of this ordinance.
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 13"' DAY OF NOVEMBER, 2000.
ATTEST:
ing Crosswy, Town retary
Scott Bradley, Mayor_����
Trent O. Petty, Town Manager