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HomeMy WebLinkAbout05-21-07 TC Agenda packet 9 u AGENDA TOWN OF WESTLAKE9 TEXAS BOARD OF ALDERMEN SPECIAL CALLED MEETING MAY 219 2007 TOWN HALL - BOARD ROOM 2650 J. T. OTTINGER ROAD 5:30 P.M. 1. CALL TO ORDER. 2. CITIZENS' PRESENTATIONS: This is an opportunity for citizens to address the Board on any matter whether or not it is posted on the agenda. The Board cannot by law take action nor have any discussion or deliberations on any presentation made to the Board at this time concerning an item not listed on the agenda. Any item presented may be noticed on a future agenda for deliberation or action. 3. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2255 KING FISHER DRIVE IN THE VAQUERO PHASE 2 DITION; LOT 7; BLIP B. 4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING A ZONING CHANGE REQUEST TO A RESIDENTIAL PLANNED DEVELOPMENT WITH RELATED SITE PLAN FOR THE TRACTS OF LAND DESCRIBED AS FOLLOWS: 1) CHARLES M TIIROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD, CURRENTLY ZONED OFFICE PARK; 2) CHARLES M TIIROOP, A 1510,Tr 1B03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM; 3) TW MANN, A 1107, Tr 1113 & A 1510, Tr 1B1 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD, CURRENTLY ZONE RESIDENTIAL-1 ACRE MINIMUM; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED SIDENTIAL-1 ACRE MINIMUM. 5. CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS FOLLOWS. 1) CHARLES M THROOP, A 1510, Tr 7A2 c& Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD; 2) CHARLES M THROOP, A 1510, Tr 1B03 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr 1113 & A 1510, Tr 1111 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7AOIA BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. 6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR AN AMENDMENT TO THE CONCEPT PLAN, LOCATED AT ONE AND TWO DESTINY WAY, APPROXIMATELY BEING A 311-ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON AND TA ANT COUNTIES, TEXAS (i) SOUTH OF S.H.114, (ii) WEST OF PRECINCT LINE ROAD, AND (iii) NORTH OF DOVE ROAD, DESCRIBED AS PLANNED DEVELOPMENT 2 AND KNOWN AS FIDELITY. 7. CONSIDER AN ORDINANCE REGARDING A PRELIMINARY PLAT, LOCATED AT ONE AND TWO DESTINY WAY, APPROXIMATELY BEING A 311-ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON AND TA NT COUNTIES, TEXAS (i) SOUTH OF S.H.114, (ii) WEST OF PRECINCT LINE ROAD, AND (iii) NORTH OF DOVE ROAD, DESCRIBED AS PLANNED DEVELOPMENT 2 AND KNOWN AS FIDELITY. 8. CONSIDER A RESOLUTION APPROVING FY 2006-07 BUDGET AMENDMENTS TO THE TOWN'S GENERAL FUND, UTILITY FUND, VISITOR'S ASSOCIATION FUND, CAPITAL PROJECTS FUND, PERMANENT CAPITAL MAINTENANCE FUND, 4B ECONOMIC DEVELOPMENT FUND, PROPERTY TAX REDUCTION FUND, SPECIAL REVENUE FUND AND DEBT SERVICE FUND. 9. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARINGTHE RESULTS OF THE GENERAL ELECTION HELD ON MAY 12, 2007, FOR THE ELECTION OF THREE (3) ALDERMEN, AND THE SPECIAL ELECTIONS HELD ON MAY 12, 2007, FOR THE ELECTION OF TWO (2) ALDERMEN TO UNEXPIRED TERMS; ORDERING A SECOND ELECTION TO BE HELD JUNE 16, 2007, TO RESOLVE THE TIE VOTE AND ELECT AN ALDERMAN TO A TERM EXPIRING MAY 2009;PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR EA ,YVOTING; AND PROVIDING FOR A SEVERABILITY CLAUSE. 10. ADMINISTER OATHS OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO THE NEWLY ELECTED OFFICIALS. 11. ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, Westlake, Texas, and the Westlake Civic Campus, 2650 J.T. ®ttinger Road, Westlake, Texas, on Friday, May 18, 2007, by 5 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kim Sutter, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Special Called Meeting of May 21, 2007 Date: May 16, 2007 ITEM Conduct a Public Hearing and consider an Ordinance amending the Comprehensive Zoning Ordinance of the Town of Westlake, Texas by amending the Fidelity Concept Plan adopted by Ordinance No: 306, located at One and Two Destiny Way, approximately being a 311-acre tract of land generally located in Denton and Tarrant Counties, Texas (i) South of SH 114, (ii) West of Precinct Line Road, and (iii) North of Dove Road,described as Planned Development 2. BACKGROUND Fidelity has announced their intent to proceed with Phase II of the Fidelity campus in Westlake. The original PD concept/site plan must now be amended to afford the expansion of the campus to include the Phase II buildings at Two Destiny Way. The PD Concept Plan and Site Plan requirements are included below: PD concept plan. The PD concept plan is mandatory and is intended to be used as the first step in the PD development process. It establishes the most general guidelines for the PD district by identifying the land uses and intensities, thoroughfare locations, and open space boundaries (including public trail systems). It also illustrates the integration of these elements into a master plan for the whole PD district. The PD concept plan, as incorporated in the PD Ordinance and together with the text of the ordinance, establishes the development standards for the PD district. The board may waive PD concept plan requirements in the adopting ordinance and defer satisfaction of such requirements until the time of PD development plan or attach specific conditions to be satisfied at site plan approval. PD site plan. A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the commission; however, such period may be extended by the board. A PD site plan shall terminate at the end of such four-year period (or extended period if approved by the board) unless, within such period, a preliminary plat has been filed with the town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. In order for Fidelity to meet the minimum PD Concept/Site Plan requirements, the following conditions identified by staff must be met: 1. A Traffic Impact Analysis must be submitted and approved by Town staff. 2. A Lighting Plan must be submitted that meets the requirements of the Town Code. The architect has now delivered additional data noted above and we have included everything received to date in your notebooks. The lighting information is still not complete and additional backup has been requested. The architects are bringing it to the P&Z meeting on May 17`h. I will update you on Friday following the P&Z meeting and at the May 21't meeting to inform you of the recommendation made by the Planning and Zoning Commission. ®ed ® ' (Various reflectors are protected by U.S.Patent No.6,464,378.) HOUSING-Large:One-piece spun aluminum housing with bottom door access. Hilton 11 and Hilton 11 Small:Round spun aluminum housing with a choice of two top- access covers(disc or dome). DOOR FRAME/rOP COVER FASTENERS-Large:Four stainless steel captive door fasteners provide secure closure and allow easy access with no loose hardware.For ..,.,..:,"....,.. ease of installation,the door frame is field-removable. Hilton 11 and Hilton 11 Small:Three stainless steel captive top-cover fasteners provide secure closure and allow easy access with no loose hardware.The top cover is attached to housing via a tether clip,which frees both hands while servicing. LENS/GASKET-The flat tempered glass lens,measuring 1/8"in thickness,is sealed to the cast aluminum lens frame(Large)or into the bottom of the top access housing(Hilton 11 and Hilton II Small)with continuous EPDM extruded gasketing. Fiat-lensed fixtures SOCKETS-Porcelain mogul-base sockets.All sockets are pulse-rated. f�cut ff A LIGHT SOURCES-Pulse-Start Metal Halide,Super Metal Halide,Metal Halide,Metal Halide classification. Reduced Envelope,or High Pressure Sodium.Clear lamp is supplied as standard. BALLASTS-High-power factor ballast designed for-20°F operation.The removable ballast tray features a quick-disconnect plug. Pulse-Start Metal Halide,Super Metal Arm, e 1 Pole 1 Mount Halide,Metal Halide,and 250 watt and above High Pressure Sodium fixtures feature a CWA ballast.100 watt and 150 watt High Pressure Sodium fixtures feature an HX-HPF F_A A ballast. 1 REFLECTORS/DISTRIBUTION PATTERNS-Large:Type 111(3),Perimeter Forward Throw s Disc Top Bc (FP),Automotive Forward Throw(FA),and Type V(5). Hilton II:Type 111(3),Perimeter Forward Throw(FP),and Type V(5). 6° Hilton 11 Small:Type II(2-vertical only),Type III(3),Forward Throw(FT/FP),and Type (152mm)A V(5).All but Hilton 11 Small reflectors are field rotatable.Photometric data is tested in r 1 r- A accordance with IESNA guidelines. e B BRACKETS-Large Arm Mount: 2-1/2"x 6-7/8"x 6"extruded aluminum bracket is Dome Top c standard.Bracket and housing attach to round pole with through-bolts and a one-piece, back-up pole nut plate(included with fixture). Hilton II and Hilton 11 Small Arm Mount: A 2-1/2"x 5-3/8"x 6"length extruded aluminum bracket is shipped standard. A round Pole Plate(RPP2)is provided as A -� A-� standard for mounting to 3"-5"round poles. Pole Top:The cast aluminum mounting hub conceals the wiring compartment and a B mounts directly to LSI's unique"pole-top mounting plate",via a high-strength grade '-- J c five steel bolt with nylon insert and split lock washer for double locking.Support arms Largo consist of four 11/16"O.D.aluminum rods and are pre-wired for ease of installation. FINISHES-Each fixture is finished with DuraGrie,LSI's baked-on polyester-powder Bracket- Bracket- finishing process. The DuraGrip polyester finish withstands extreme weather changes 0 2-bolt Pattern(Hilton II) 2-bolt Pattern(Hilton Large) without cracking or peeling and is guaranteed for five full years. Standard finish colors A S C are bronze,black,platinum plus,buff,white,satin verde green,metallic silver,and HFSV/HFSH Arm Mount-Disc 508m m/20- - graphite. HFPSV/HFPSH Pole Top-Disc 508mm/20' 289mm/1 i-318' 473mm/18-5/8' DECAL STRIPING-LSI offers optional color-coordinated decals in 9 standard colors to HFSDVMFSDH Arm Mount-Dome - accent the fixture.Decals are guaranteed for five ears against peeling,cracking,or HFPSDVM oust-Pole To -Dom ' Y 9 HFR Arm Mount-Disc 660mm/26' 356mm/14' fading. HFPRPoleTop-Disc 660mm/26' 356mm/14' 616mm/24-1/4' PHOTCMETRICS-Please visit our web site at: www.isi-industries.com for detailed HFRD Arm Mount-Dome 660mm/26' 447mm/17-1/2' - HFPRD Pole Top-Dome 660mm/26' 447mm/17-1/2' 702mm/27-5/8' photometric data. HFL Arm Mount 737mm/29' 384mm/15-118' HFPL Pole Top 737mm/29' I 384mm/15-1/8' 616mm/24-1/4' r c@ us Catalog Number Est.Weight ft/lbs.) Length(mmfln.) Width(mm/in.) Height(nun in.) C L US HFSH 16/36 610/24 610/24 425/16.75 HFSV HFSDV HFR HFRD HFL ® HFPSH 19/42 610/24 610/24 629/24.75 Hilton Flat Lens suet Ioca4lon (152mm/6"Bracket) HFSH HFSDH HFSDH 17/37 610/24 610/24 425116.75 HFPSDH 20/43 610/24 610/24 629/24.75 Single 1.1 1.2 1.9 2.1 1.9 HFSV 16/36 610/24 610/24 425/16.75 0180, 2.1 2.5 3.7 4.1 3.7 HFPSV 19/42 610/24 610/24 629/24.75 HFSDV 17/37 610/24 610/24 425/16.75 D90° 1.8 2.2 3.3 3.6 3.4 HFPSDV 20/43 610/24 610/24 629/24.75 T90° 2.9 3.4 5.2 5.7 5.2 HFR 24152 775/30.5 775/30.5 559/22 HFPR 26/57 762/30 762/30 724/28.5 TN120° 2.9 3.4 5.2 5.7 5.3 HFRD 24/53 762/30 762/30 813/32 090° 3.7 4.4 6.7 7.4 6.8 HFPRD 26/58 762/30 762/30 806/31.75 HFL 30/66 876/34.5 876/34.5 559/22 Pole Top 1.1 1 1.3 1.8 2.0 2.0 HFPL 34174 851/33.5 876/34.5 749/29.5 Note: House Side Shield adds to fixture EPA.Consult factory. Project Name l Fixture Type i 02007 <,n ( yy LSI INDUSTRIES INC. A Company with 5;-4-r�`ia+:on. Catalog W l HILTONO FLAT LENS LIIMINAIRE ORDERING INFORMATION Hilton 11 Small 3–Type 111 100 PSMH-Pulse-Start Metal Halide F–Flat Clear 480 BRZ–Bronze Horizontal FT–Forward Throw 150 320 Watt Tempered Glass MT–Multi Taps BLK–Black Disc Top 5–Type V Square 175 MH-Metal Halide TT –Tri-Taps PLP–Platinum Plus HFSH-Arm Mount 250 175,250 Watt BUF–Buff HFPSH-Pole Topi 320 HPS–High Pressure Sodium WHT–White Dome Top 100,150,250 Watt HFSDH-Arm Mount SVG Satin Verde HFPSDH-Pole Topi G Green Graphite Hilton 11 Small 2–Type 11 100 PSMV-Pulse-Start Metal Halide MSV-Metallic Silver Vertical 3–Type 111 150 175,200,250,320 Watt Disc Top FP–Perimeter Forward 175 MH-Metal Halide HFSV-Arm Mount Throw 200 175,250 Watt HFPSV-Pole Topi 5–Type V Round 250 HPS–High Pressure Sodium Dome Top 320 100,150 Watt HFSDV-Arm Mounit HFPSDV-Pole Top Hilton 11 3–Type 111 200 PSMV-Pulse-Start Metal Halide Vertical FP–Perimeter Forward 250 200,250,320,400 Watt Disc Top Throw 320 SMV-Super Metal Halide HFR-Arm Mount 5–Type V Round 400 400 Watt HFPR-Pole Topi MH-Metal Halide Dome Top 250,400 Watt HFRD-Arm Mount HPS–High Pressure Sodium HFPRD-Pole Topi 250,400 Watt Hilton Large 3–Type 111 750 PSMV–Pulse-Start Metal Halide Vertical FP–Perimeter Forward 1000 750,10002 Watt HFL-Arm Mount Throw MHR–Metal Halide Reduced HFPL-Pole Topi FA–Automotive Forward 1000 Watt Throw HPS–High Pressure Sodium 5–Type V Square 7503 Watt EXAMPLE OF A TYPICAL ORDER Ba o Hilton 11 Small Horizontal Color Decals Hilton 11 Small Vertical 45–Light Gold PCI120–Button Type Photocell Metallic PC1208–Button Type Photocell 20_Charcoal 1-When ordering pole top fixtures for tenon mounting,a pole top adaptor must be ordered. PC12 –Button Type Photocell Metallic PCI277—Button Type Photocell 94_Blue Metallic 2-Tri-Tap is not available in 1000W PSMV. Specify voltage required. PC1347—Button-Type Photocell 3-Multi Tap is not available in 75OW HPS. Specify voltage required. LL—Less Lamp 59—Dark Green 4-For international voltages,consult factory. Hilton 11 Vertical 21—Tomato Red 5-MT—Multi Tap is shipped standard unless otherwise specified.Multi Tap consists of 120V,208V,240V,and 277V. PCE208—External Photocell —External Photocells 55—BIaCk PCE 24 Mufti Tap is pre-wired for highest voltage. Alternate voltages will require field re-wiring. 50–White PCE240—External Photocell? 51—Dark Red 6-Tri-Tap is shipped standard for Canadian applications. Tri-Tap consists of 120V,277V,and 347V. Tri-Tap is PCE277—External Photoce117 pre-wired for highest voltage. Alternate voltages will require field re-wiring. LL—Less Lamp 700-Aztec Silver 7-External photocell is compatible with Hilton II only. Hilton Large Vertical Metallic 8-PCR compatible with Hilton Large only.PCR factory installed and pre-wired for highest voltage.Alternate voltages will PCR—Photoelectric Control Receptacles require field re-wiring. LL—Less Lamp e° a=' B° r Description Order Number Description Order Number PC120–Photocell 122514+ FK347-Single Fusing FK347++ PC208-277–Photocell for 208V 240V or 277V 122515+ HFL FP/FA HSS–House Side Shield 4343004+++ PC347–Photocell 159516+ HFR FP/3 HSS–House Side Shield 156383+++ P0480–Photocell 1225180+ HFSH/HFSV FP/3 HSS–House Side Shield 168505+++ FK120-Single Fusing FK120++ HFSV 2 HSS–House Side Shield 168505+++ FK277-Single Fusing FK277++ BKA-RBO-WM-*-CLR Wall Mount Plate for use with RPP2 123113CLR DFK208,240-Double Fusing DFK208,240++ BKS-BO-WM-*-CLR Wall Mount Plate for Flat Arm 123111 CLR DFK480-Double Fusing DFK480++ +PC Photocell compatible with Hilton Large only ++ Fusing must be located in the hand-hole of the pole-not in the fixture. HOUSE SIDE SHIELD +++ Black only Hilton Large Hilton It(Disc and Dome Top) Hilton 11 Small(Disc and Dome Top) FORWARD THROW(FA/FP) r'� TYPE III AND TYPE 11,TYPE III,AND (4343004) o„_.® FORWARD THROW(FP) FORWARD THROW(FT/FP) 413/16” — (156383) 3 7/16" — (168505) 4-7/8' (122 10-3/6'— (87mm) — (124mm)� I�12-1/4" l�10-3/6' I� 3-1/2" (311 mm) (263mm) (89mm) Project Name i Fixture Type I ©2007 4sar LSI INDUSTRIES INC. ACa p­yw,ha Yom. Catalog# I Page 1 of 1 gawtry From: Beller, David [dbeller @hksinc.com] ,A: Wednesday, May 16, 2007 4:31 PM To: gawtry@westlake-tx.org Cc: Rhodes, Steve; Lisa.Stewart@FMR.COM; Hanchey, Ernie; Rob Rider Subject: Fidelity Phase 2, P &Z Public Hearing Per our discussion Monday afternoon, our site plan included an error as follows: The drawings submitted on 5.11.2007 included the label: "Extensive Green Roof' in several locations. This note should have been qualified as an option. We are investigating the use of"Extensive Green Roof'system for some of the roofs on the project. We are only at the conceptual level of study on the green roof so it is not currently included in the project. We wanted to make sure this was clear prior to the hearing. Regards, dlb DAVID LEE BELLER AIA VICE PRESIDENT HKS ARCHITECTS INC. 1919 McKINNEY AVENUE DALLAS,TEXAS 75201 214.969.5599 214.969.3022 direct 2' 5.4765 cell 21 9.3397 fax dbeller @hksinc.com www,hksinc.com If you are sending file(s) always use my FTH DROPBOX 5/16/2007 TOWN 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 H 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 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 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. Scott Bradley, Mayor ATTEST: Kim Sutter,TRMC, Town Secretary Trent Petty, Town Manager APPROVED AS TO FORM: Stan Lowry, Town Attorney Town of Westlake Memo To: Honorable Mayor and Members of the Board of Aldermen From: Trent Petty, Town Manager Subject: Special Called Meeting of May 21, 2007 Date: May 16, 2007 ITEM Consider an Ordinance approving a preliminary plat, located at One and Two Destiny Way, for the remainder of Planned Development District #2, established by Ordinance 306 for Fidelity, known as FMR Texas Limited Partnership, for approximately a 311-acre tract of land generally located in Denton and Tarrant Counties, Texas (i) South of SH 114, (ii) West of Precinct Line Road, and (iii) North of Dove Road, more particularly described in Exhibit A attached hereto. RECOMMENDATION Staff recommends that the preliminary plat be approved with conditions as enumerated below: 1. A note must be added to the preliminary plat that all drainage easements are private and shall be maintained by the owner. BACKGROUND Fidelity has announced their intent to proceed with Phase II of the Fidelity campus in Westlake. The original plat was comprised only of Lot 1 and Lot 2 which comprises the lots in Phase I of the Fidelity project. Staff has required Fidelity to preliminary plat the entire remaining Fidelity property in this submittal. This is necessary because the proposed lot layout varies from the approved preliminary plat. Fidelity must revise the preliminary plat and then Final Plat Lot 4 in order to obtain a building permit for the proposed improvements and to accommodate the new expansion of Phase II of the Fidelity campus. This action will complete the preliminary platting process for all Fidelity property, including the triangle that was transferred to Fidelity to accommodate the realignment of Precinct Line Rd. and the property north of Capital Parkway which has never been platted. TOWN OF WESTLAKE ORDINANCE NO. 524 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT FOR THE REMAINDER OF PLANNED DEVELOPMENT DISTRICT #2 ESTABLISHED BY ORDINANCE 306, FOR FIDELITY, FMR TEXAS LIMITED PARTNERSHIP FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PRECINCT LINE ROAD SOUTH OF STATE HIGHWAY 114 AND NORTH OF DOVE AND AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 Board of Aldermen of the Town of Westlake, Texas, does hereby approve a preliminary plat for PD 2 filed on May 11, 2007 by FIDELITY, FMR TEXAS LIMITED PARTNERSHIP for 311 acres located on the west side of Precinct Line Rd. south of SH 114 and north of Dove Rd. attached hereto. 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,paragraph or section. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. PASSED AND APPROVED ON THIS 2 1St DAY OF MAY 2007. Scott Bradley, Mayor ATTEST: Kim Sutter,Town Secretary Trent Petty, Town Manager APPROVED AS TO FORM: Stan Lowry, Town Attorney TOWN OF WESTLAKE ORDINANCE NO. 524 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A PRELIMINARY PLAT FOR THE REMAINDER OF PLANNED DEVELOPMENT DISTRICT #2 ESTABLISHED BY ORDINANCE 306, FOR FIDELITY, FMR TEXAS LIMITED PARTNERSHIP FOR PROPERTY GENERALLY LOCATED ON THE WEST SIDE OF PRECINCT LINE ROAD SOUTH OF STATE HIGHWAY 114 AND NORTH OF DOVE AND AS MORE PARTICULARLY DESCRIBED BY EXHIBIT "A", ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE, PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 Board of Aldermen of the Town of Westlake, Texas, does hereby approve a preliminary plat for I'D 2 filed on May 11, 2007 by FIDELITY, FMR TEXAS LIMITED PARTNERSHIP for 311 acres located on the west side of Precinct Line Rd. south of SH 114 and north of Dove Rd. attached hereto. 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 legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,paragraph or section. SECTION 4. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Five Hundred Dollars ($500.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. PASSED AND APPROVED ON THIS 21't DAY OF MAY 2007. ITS;T. Scott Bradley, Mayor n T IKi Sutter, Town Secretary Trent Petty, Town Mana e APPROVED AS TO FORM: A0wry, Atto ey MINUTES OF THE TOWN OF WESTLAKE, 'TEXAS BOARD F ALDERMEN MEETING MAY 219 2007 PRESENT: Mayor Scott Bradley and Aldermen Buddy Brown, Larry Corson, Fred Held, Don Redding, and Bob Timmerman. ABSENT: None. OTHERS PRESENT: Town Manager Trent_Petty, Town Secretary Kim Sutter, Facilities and Recreation Director T. Lay Pub&Works Superintendent 3arrod Greenwood,. _DPS Director lcan Wilson,-,.,and Executive Assistan rig&r "A- ,tr y�-Tinance Manager Debbie P 11r,-court .e-Gn, and 1. CALL TO ORDER. ,4 Mayor Bradley called the meeting to order at 0 p.m. 2. CITIZENS' PRESENTATIONS. A-o . c 1 � �k Town of Westlake Board of Aldermen Page 2 of 10 Special Meeting May 21,2007 3. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL TO BE LOCATED ON 2255 KING FISHER DRIVE IN THE VAQUERO PHASE 2 ADDITION; LOT 7; BLK B. I r, 5�Lcl SUP MOTION: Alderman made a motion to Alderman DK seconded the motion. The motion carried by a vote of 5--0 6 CM> 51, S8 Town of Westlake Board of Aldermen Page 3 of 10 Special Meeting May 21,2007 4. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING A ZONING CHANGE REQUEST TO A RESIDENTIAL PLANNED DEVELOPMENT WITH RELATED SITE PLAN FOR THE TRACTS OF LAND DESCRIBED AS FOLLOWS: 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD, CURRENTLY ZONED OFFICE PARK; 2) CHARLES M THROOP, A 1510, Tr 1803 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM; 3) TW MANN, A 1107, Tr 1133 & A 1510, Tr 1131 BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD, CURRENTLY ZONED SIDENTIAL-1 ACRE MINIMUM; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7AOIA BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD, CURRENTLY ZONED RESIDENTIAL-1 ACRE MINIMUM. MOTION: Alderman made a motion to Alderman seconded the motion. The motion carried by a vote of ��% ovi A f Town of Westlake Board of Aldermen Page 4 of 10 Special Meeting May 21,2007 5. CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR A PRELIMINARY PLAT BEING 54.77 ACRES, DESCRIBED AS FOLLOWS: 1) CHARLES M THROOP, A 1510, Tr 7A2 & Tr 7A5 BEING APPROXIMATELY 13.72 ACRES OF LAND AT 1280 DOVE ROAD; 2) CHARLES M THROOP, A 1510, Tr 11303 BEING APPROXIMATELY .94 ACRES OF LAND AT 2650 SAM SCHOOL ROAD; 3) TW MANN, A 1107, Tr 1133 & A 1510, Tr IBI BEING APPROXIMATELY 2.35 ACRES OF LAND AT 2698 SAM SCHOOL ROAD; 4) CHARLES M THROOP, A 1510, Tr 7A01 AND Tr 7A01A BEING APPROXIMATELY 37.31 ACRES OF LAND AT 1400 & 1440 DOVE ROAD. lt� MOTION: Alderman made a motion to .Alderman seconded the motiok The motion carried by a vote of Town of Westlake Board of Aldermen Page 5 of 10 Special Meeting May 21,2007 6. CONDUCT A PUBLIC HEARING AND CONSIDER AN ORDINANCE REGARDING AN APPLICATION FOR AN AMENDMENT TO THE CONCEPT PLAN, LOCATED AT ONE AND TWO DESTINY WAY, APPROXIMATELY BEING A 311-ACRE TRACT OF LAND GENERALLY LOCATED IN DENT ON AND TA NT COUNTIES, TEXAS (i) SOUTH OF S.H.114, (ii) WEST OF PRECINCT LINE ROAD, AND (iii) NORTH OF DOVE ROAD, DESCRIBED AS PLANNED DEVELOPMENT 2 AND KNOWN AS FIDELITY. MOTION: Alderman r— made a motion to Alderman seconded the motion. The motion carried by a vote of '5 PI) r L, �J' —ry-- V 7 —,7 '7 L C /LL Lcz s . "-La4l xy Town of Westlake Board of Aldermen Page 6 of 10 Special Meeting May 21,2007 7. CONSIDER AN ORDINANCE REGARDING-A PR L 0 C A T E D AT ONE AND TWO DESTINY WAY, APPROXIMATELY BEING A 311--A-C—R—E TRACT OF LAND GENERALLY LOCATED IN DENTON AND TA NT COUNTIES, TEXAS (i) SOUTH OF S.H.114, (ii) WEST OF PRECINCT LINE ROAD, AND (iii) NORTH OF DOVE ROAD, DESCRIBED AS PLANNED DEVELOPMENT 2 AND kNOWN AS FIDELITY.' Clk,D MOTION: Alderman LC made a motion to Alderman seconded the motion. The motion carried by a vote of Town of Westlake Board of Aldermen Page 7 of 10 Special Meeting May 21,2007 8. CONSIDER A RESOLUTION APPROVING FY 2006-07 BUDGET AMENDMENTS TO THE TOWN'S GENERAL FUND, UTILITY FUND, VISITOR'S ASSOCIATION FUND, CAPITAL PROJECTS FUND, PERMANENT CAPITAL MAINTENANCE FUND, 4B ECONOMIC DEVELOPMENT FUND, PROPERTY TAX REDUCTION FUND, SPECIAL REVENUE FUND AND DEBT SERVICE FUND. ' _7 MOTION: Alderman f--:57— made a motion to 0 Alderman F(4- seconded the motion. The motion carried by a vote of 1V aa""g- Town of Westlake Board of Aldermen Page 8 of 10 Special Meeting May 21,2007 9. CONSIDER AN ORDINANCE CANVASSING THE RETURNS AND DECLARINGTHE RESULTS OF THE GENERAL ELECTION HELD ON MAY 12, 2007, FOR THE ELECTION OF THREE (3) ALDERMEN, AND THE SPECIAL ELECTIONS HELD ON MAY 12, 2007, FOR THE ELECTION OF TWO (2) ALDERMEN TO UNEXPIRED TERMS; ORDERING A SECOND ELECTION TO BE HELD JUNE 16, 2007, TO RESOLVE THE TIE VOTE AND ELECT AN ALDERMAN TO A TERM EXPIRING MAY 2009;PROVIDING FOR NOTICE OF SAID ELECTION; PROVIDING FOR EARLYVOTING; AND PROVIDING FOR A SEVERABILITY CLAUSE. MOTION: Alderman made a motion to Alderman seconded the motion. The motion carried by a vote of Town of Westlake Board of Aldermen Page 9 of 10 Special Meeting May 21,2007 10. ADMINISTER OATHS OF OFFICE AND PRESENT CERTIFICATE OF ELECTION TO THE NEWLY ELECTED OFFICIALS. ic tu AxP,-:2 Town of Westlake Board of Aldermen Page 10 of 10 Special Meeting May 21,2007 11. ADJOURNMENT. There being no further business, Mayor Bradley asked for a motion to adjourn the meeting. MOTION: Alder made a motion to adjourn the meeting. Alderman seconded the motion. The motion carried by a vote of The meeting adjourned at M. APPROVED BY THE BOARD OF ALDERMEN ON JUNE 11, 2007. Scott Bradley, Mayor ATTEST: Kim Sutter, TRMC, Town Secretary