HomeMy WebLinkAbout01-10-17 PZ Agenda Packet
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TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION
MEETING AGENDA
January 10, 2017
WESTLAKE TOWN HALL
1301 Solana Blvd.
Building 4, Suite 4202
2ND FLOOR, COUNCIL CHAMBERS
WESTLAKE, TEXAS 76262
Work Session 5:00 p.m.
Regular Session 6:00 p.m.
Work Session
1. CALL TO ORDER
2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA.
3. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT
PROJECTS PER DECEMBER 2016 REPORT.
4. STANDING ITEM: DISCUSSION REGARDING COMPREHENSIVE PLAN
RELATED ISSUES AND BOARD PROFESSIONAL DEVELOPMENT.
5. ADJOURNMENT
Page 2 of 2
Regular Session
1. CALL TO ORDER
2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON DECEMBER 06, 2016.
3. CONDUCT A PUBLIC HEARING AND CONSIDER AMENDMENTS TO ORDINANCE
780, WHICH APPROVED A SPECIFIC USE PERMIT FOR PRIVATE STREETS IN
THE QUAIL HOLLOW SUBDIVISION, LOCATED AT THE SOUTHEAST CORNER
OF FM 1938 AND DOVE ROAD, IN ORDER TO APPROVE THE ADDITION OF A
GUARD HOUSE
4. CONDUCT A PUBLIC HEARING AND CONSIDER AMENDMENTS TO CHAPTER
102 – ZONING IN THE WESTLAKE CODE OF ORDINANCES IN ORDER TO
APPROVE STANDARDS FOR THE TRANSFER OF DEVELOPMENT INTENSITY
ALONG WITH OTHER MINOR RELATED AMENDMENTS
5. ADJOURNMENT
CERTIFICATION
I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Bldg. 4, Ste.
4202, Westlake, Texas, 76262, January 4, 2017, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the
Texas Government Code.
_____________________________________
Tanya Morris, Administrative Assistant
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.
DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
NO ACTION WILL BE TAKEN DURING THE WORK SESSION.
Planning
and Zoning
Item # 2 –
Back up material has not
been provided for this
item.
Development Snapshot
December 2016
DENTON COUNTY
TARRANT COUNTY
CITY OF
ROANOKE
DENTON COUNTY
TARRANT COUNTY
CITY OF
FORT WORTH
CITY OF
SOUTHLAKE
3
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
TOWN LIMIT
This map is for information purpose only.
Town of Westlake
Development Activities Map
December 2016
TOWN OF
TROPHY CLUB
CITY OF
KELLER
CITY OF
SOUTHLAKE
4
1 Primrose School Entrada
26 Arta Drive
2
3
Hollywood Hamburger
1301 Solana Boulevard
4 Highway 170 Lane Expansion
Terra Bella
Residential Development
6 Carlyle Court
Residential Development
7 Quail Hollow
Residential Development
8 Granada
Residential Development
Project Blizzard / Schwab
Campus
Mixed-Use Development
5
9
Highway 114 Lane Expansion
Map Guide
1
170
114
114
377
377
170
170
114
2
9
Subdivision Roads
Collector / Arterial Roads
State Highway 114
State Highway 170
US Highway 377
Future Traffic Signal
Road Legend
8
5
6
7
Development Activities Map Legend
Project
No. Project Name Land Use Number
of Lots Development Status Status Estimated
Completion Size
1 Primrose School Commercial N/A Under construction Spring 2017 12,100 s.f.
2 Hollywood Hamburger Commercial N/A Certificate of Occupancy issued 12/14/2016 Completed 2,000 s.f.
3 Highway 114 Civil N/A Under construction Fall 2018 2.5 miles
4 Highway 170 Civil N/A Under construction Fall 2018 1.6 miles
5 Terra Bella Residential 28 22 lots currently developed or under construction N/A 54.7 acres
6 Carlyle Court Residential 8 4 lots under construction N/A 10.2 acres
7 Quail Hollow Residential 92 Phase I infrastructure under construction. Phase II to begin soon. Building permits expected soon N/A 188 acres
8 Granada Residential 84 Phase I has 30/41 lots currently developed or under construction. Phase II infrastructure under con-
struction. Building permits for Phase II expected soon N/A 85 acres
9
Project Blizzard Mix-Use N/A Preliminary utility work under construction. Dam/Lake hydrology improvements under construction N/A 73.1 acres
Schwab Campus Office N/A Concept plan and site plan expected to be submitted Spring 2017. Developer aiming for a Summer
2017 start date N/A 81 acres
STANDING ITEM: DISCUSSION REGARDING COMPREHENSIVE PLAN
RELATED ISSUES AND BOARD PROFESSIONAL DEVELOPMENT.
Planning
and Zoning
Item # 4 –
Back up material has not
been provided for this
item.
Planning
and Zoning
Item # 5 – Adjournment
Work Session
Back up material has not
been provided for this
item.
P&Z Minutes
12/06/2016
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MINUTES OF THE
TOWN OF WESTLAKE, TEXAS
PLANNING AND ZONING COMMISSION MEETING
December 06, 2016
PRESENT: Chairman Tim Brittan, Commissioners Liz Garvin, Greg Goble, Ryan Groce, and
Michelle Lee. Alternates Ken Kraska and Sharon Sanden.
ABSENT:
OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda
DeGan, Town Attorney Cathy Cunningham, Town Secretary Kelly
Edwards, Administrative Assistant to the Town Secretary Tanya
Morris, Director of Planning Ron Ruthven, Fire Chief Richard
Whitten, Deputy Chief John Ard, Development Coordinator/
Management Analyst Joel Enders, Director of Public Works Jarrod
Greenwood, Finance Director Debbie Piper, Director of Park &
Recreation and Facilities Troy Meyer, and Director of Information
Technology Jason Power
Work Session
1. CALL TO ORDER
Chairman Brittan called the work session to order at 5:31 p.m.
2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING
AGENDA.
Director Ruthven updated the council regarding Item 8, on the Agenda, Granada Phase
II is good to proceed, but the public notice, for the item, was cancelled.
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12/06/2016
Page 2 of 6
3. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT
PROJECTS PER NOVEMBER 2016 REPORT.
Director Ruthven provided updates on Hollywood Burger, Primrose in Entrada, Project
Blizzard (Charles Schwab), and other items are on the Agenda.
Discussion ensued regarding Entrada percentages of commercial to residential that may
be built as outlined in the Developer’s Agreement, -, approved site plans, replats that
need to be approved before building permits can be issued, infrastructure construction,
public vs private infrastructures, the $10,000 per residential unit fee, Entrada
Management and Improvement Services Agreement, and Covenants, Conditions, and
Restrictions (CCRs).
4. STANDING ITEM: DISCUSSION REGARDING COMPREHENSIVE PLAN
RELATED ISSUES AND BOARD PROFESSIONAL DEVELOPMENT.
Director Ruthven gave an overview of the item. He will update Commission on training
as classes become available.
5. ADJOURNMENT
Chairman Brittan adjourned the work session at 5:52 p.m.
Regular Session
1. CALL TO ORDER
Chairman Brittan called the regular session to order at 6:05 p.m.
2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING
HELD ON SEPTEMBER 13, 2016.
MOTION: Commissioner Lee made a motion to approve the minutes.
Commissioner Groce seconded the motion. The motion carried by
a vote of 5-0.
3. DISCUSSION AND CONSIDERATION OF THE MINTUES FROM THE
WORKSESSION HELD ON NOVEMBER 28, 2016.
MOTION: Commissioner Goble made a motion to approve the minutes.
Commissioner Garvin seconded the motion. The motion carried
P&Z Minutes
12/06/2016
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by a vote of 5-0.
4. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR A
REPLAT OF AN APPROXIMATELY 2.474-ACRE PORTION OF PLANNED
DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY
ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE
HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA
BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE REPLAT
SHOWS BLOCK A, LOTS 1R, 2, 3, 4, AND BLOCK O, LOTS 1R, 2RX, AND 3RX.
Coordinator Enders provided an overview of the item.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Groce made a motion to recommend approval of
the replat. Commissioner Garvin seconded the motion. The
motion carried by a vote of 5-0.
5. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR A
REPLAT OF AN APPROXIMATELY 3.388-ACRE PORTION OF PLANNED
DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED BY
ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE
HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA
BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE REPLAT
SHOWS BLOCK L, LOT 6, AND BLOCK S, LOT 2X.
Coordinator Enders provided an overview of the item.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
Discussion ensued regarding the property replatted, Cortez Drive, and clarifying the
purpose of the replat.
MOTION: Commissioner Goble made a motion to recommend approval of
the replat. Commissioner Lee seconded the motion. The motion
carried by a vote of 5-0.
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12/06/2016
Page 4 of 6
6. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION FOR A
REPLAT OF A 5.03-ACRE PORTION OF LOT 1, FIDELITY INVESTMENTS
ADDITION, PHASE 1.
Director Ruthven and Coordinator Enders provided an overview of the item.
Director Meyer provided an overview of the Fire/EMS Station.
Discussion ensued regarding uses for the property, expansion opportunities, public
meetings regarding the station, site architecture, landscape architecture, and the
location of the drive-ways.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Lee made a motion to recommend approval of the
replat. Commissioner Garvin seconded the motion. The motion
carried by a vote of 5-0.
7. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING THE REZONING A 5.03-ACRE TRACT LOCATED AT THE
NORTHWEST CORNER OF DOVE ROAD AND DAVIS BOULEVARD, IDENTIFIED
AS A PORTION OF PLANNED DEVELOPMENT DISTRICT 2; REZONING SAID
TRACT FROM PLANNED DEVELOPMENT DISTRICT 2 TO GOVERNMENT USE.
Director Ruthven provided an overview of the item.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Goble made a motion to recommend approval of
the rezoning. Commissioner Groce seconded the motion. The
motion carried by a vote of 5-0.
8. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION THE
FINAL PLAT FOR PHASE II OF THE APPROXIMATELY 84 ACRE DEVELOPMENT
KNOWN AS GRANADA, LOCATED GENERALLY EAST OF DAVIS BLVD., SOUTH
OF SOLANA BLVD., AND NORTH OF DOVE ROAD.
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12/06/2016
Page 5 of 6
Director Ruthven provided an overview of the item.
Chairman Brittan opened the public hearing.
No one addressed the Commission.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Garvin made a motion to recommend approval of
the final plat. Commissioner Lee seconded the motion. The
motion carried by a vote of 5-0.
9. CONDUCT A PUBLIC HEARING AND CONSIDER A RECOMMENDATION
REGARDING A FINAL PLAT FOR PHASE 1 AND PHASE 2A OF THE QUAIL
HOLLOW SUBDIVISION, SHOWING 52 RESIDENTIAL LOTS OF ONE-ACRE OR
MORE IN SIZE. THE PROPERTY INCLUDED IN THE FINAL PLAT IS A PORTION
OF THE APPROVED 188.28-ACRE PRELIMINARY PLAT LOCATED AT 1755
DOVE ROAD, SOUTHEAST CORNER OF THE FM 1938/DOVE ROAD
INTERSECTION.
Director Greenwood provided an overview of the item.
Discussion ensued regarding number of lots planned, lots being combined in order to
make larger lots, economic development agreement regarding $5,000 payment per lot,
and telephone pole removal.
Chairman Brittan opened the public hearing.
Chairman Brittan closed the public hearing.
MOTION: Commissioner Groce made a motion to recommend approval of
the final plat. Commissioner Goble seconded the motion. The
motion carried by a vote of 5-0.
10. ADJOURNMENT
There being no further business to come before the Commissioners, Chairman Brittan
asked for a motion to adjourn.
MOTION: Commissioner Garvin made a motion to adjourn the meeting.
Commissioner Lee seconded the motion. The motion carried by a
vote of 5-0.
Chairman Brittan adjourned the meeting at 6:29 p.m.
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12/06/2016
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APPROVED BY THE PLANNING AND ZONING COMMISSION ON MARCH 21, 2016.
________________________________
ATTEST: Chairman, Tim Brittan
______________________________
Tanya Morris, Administrative Assistant
estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Tuesday, January 10, 2017
TOPIC: Conduct a public hearing and consider recommendation of amendments to
Ordinance 780, which approved a Specific Use Permit granting private
streets, gated access, and other conditions for the Estates of Quail Hollow
subdivision, located at the southeast corner of FM 1938 and Dove Road, in
order to approve the addition of a guard house and associated entryway
features.
STAFF CONTACT: Ron Ruthven, Director of Planning and Development
Joel Enders, Development Coordinator & Management Analyst
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 10, 2017 Completion Date: January 23, 2017
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
In March 2016 the Town Council approved a Specific Use Permit (SUP) request for gated access
and private streets relative to the proposed Estates of Quail Hollow subdivision, which was then
in the planning stages. At the time of the original SUP approval, the developer anticipated that
access control would operate via automated gate, similar to Glenwyck Farms or Granada.
However, as the project progressed, feedback from potential residents indicated that a manned
access point would be preferable to a gate-only design. Accordingly, the developer is requesting
an amendment to the subdivision’s existing SUP to provide for an approximately 1000 square
foot security station that could also be used as a meeting space. The structure would be located
at Quail Hollow’s main entryway along the east side of FM 1938. If approved, the attached site
plan and elevations will be added to the existing SUP.
Staff finds that the attached site plan and elevations do not conflict with the existing SUP
requirements specified in Ordinance 780 (attached) or the subdivision’s underlying zoning (R-1).
RECOMMENDATION
Staff recommends approval of this Specific Use Permit amendment.
ATTACHMENTS
1. Guard house site plan and elevations
2. Ordinance 780
estlake Planning and Zoning Commission
TYPE OF ACTION
Regular Meeting - Action Item
Tuesday, January 10, 2017
TOPIC: Conduct a public hearing and consider amendments to Chapter 102 –
Zoning in the Westlake Code of Ordinances in order to approve standards
for the transfer of development intensity along with other minor related
amendments
STAFF CONTACT: Ron Ruthven, Director of Planning and Development
Strategic Alignment
Vision, Value, Mission Perspective Strategic Theme & Results Outcome
Objective
Mission: Westlake is a
unique community blending
preservation of our natural
environment and
viewscapes, while serving
our residents and businesess
with superior municipal and
academic services that are
accessible, efficient, cost-
effective, & transparent.
Citizen, Student &
Stakeholder
High Quality Planning, Design &
Development - We are a desirable
well planned, high-quality
community that is distinguished by
exemplary design standards.
Preserve Desirability
& Quality of Life
Strategic Initiative
Outside the Scope of Identified Strategic Initiatives
Time Line - Start Date: January 10, 2017 Completion Date: January 23, 2017
Funding Amount: 00.00 Status - Not Funded Source - N/A
EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY)
On March 2, 2015, the Town Council adopted the current Town of Westlake Comprehensive Plan
– Forging Westlake. A major focus of Forging Westlake (the Plan), based on citizen input, was
preservation of Westlake’s view corridors and scenic topography. This lead to identification of
the Town’s view corridors and view sheds in the Plan, as well as ways to incent their preservation,
especially from the portions of the Town that lie south of the major ridge lines that traverse
Westlake.
Having adopted the Plan, attention has turned to tools needed to implement it, especially this
cornerstone of the Plan of preserving the Town’s scenic view corridors for the residential uses that
lie south of the Town’s ridge line. A key implementation provision of the Plan involves adoption
of policies that allow the transferring of more intense commercial uses that have yet to be
developed but are, nonetheless, entitled through existing planned development zoning districts,
from one portion of the Town to another. In general, these more intense commercial uses would
be transferred from areas located primarily in the southern portion of the Town that are located
close to established residential areas with large areas of open space, to the north in areas that are
primarily located along SH 114 and SH170.
This concept is called “Transfer of Development Intensity” (TDI) and is proposed to be
implemented with a TDI ordinance. Staff has been working on this draft TDI ordinance since this
was last discussed with the Commission in 2015. Legal staff as well as key stakeholders from the
development community have reviewed and provided input into the proposed TDI standards.
The Planning & Zoning Commission held a workshop on the proposed standards on November
28, 2016 and the Town Council held a workshop on December 12, 2016. The standards are
proposed to be adopted as an amendment to Chapter 102 – Zoning in the Westlake Code of
Ordinances under Division 4 of Article 7 – Planned Development District Regulations.
RECOMMENDATION
Staff recommends approval of the TDI standards as drafted.
ATTACHMENTS
1. Proposed Amendments to Chapter 102 - Zoning
2. Mesa Presentation from December 12, 2016 Town Council meeting
Page 1
DIVISION 4. – TRANSFER OF DEVELOPMENT INTENSITY
Section 102-288. – Short Title. These regulations shall be known and may be cited as the “Transfer of
Development Intensity Program Regulations” or simply as the “TDI Regulations”.
Section 102-289. – Purpose. Where eligible, and where approved according to the standards and
processes established in this Article, the purpose of this Article is to implement the Town’s
Comprehensive Plan (as adopted by Ordinance 747 and hereafter as may be amended). Specifically,
implementation of the Town’s Comprehensive Plan, as it relates to this Article, pertains to:
a. The Plan’s stated intent to preserve various view corridors via massing of certain permitted uses
in certain zoning districts while off-setting that massing by decreasing zoning use intensities in
other district(s). The Town’s Comprehensive Plan sets out those areas in the Town where view
corridor preservation may be achieved by increasing or decreasing development mass of
approved zoning.
b. The Plan’s stated intent to better distribute and better manage the traffic volumes generated by
future development.
c. Facilitate implementation of open space and public facility needs as set out by the
Comprehensive Plan.
These stated purposes can be implemented by the massing of development intensity associated with
certain permitted land uses in one zoning district while decreasing the development intensity associated
with permitted land uses in another district and shall be termed, “Transfer of Development Intensity” or
TDI. The transfer of Development Intensity may be between identical permitted land uses in both the
Sending Area and the Receiving District PD/ PD Planning Area or between dissimilar Sending District/
Receiving Land Uses when the Sending District Land Use has been converted to a permitted Land Use in
the Receiving District PD/ PD Planning Area. In no event shall a TDI application represent a net increase
in permitted development Intensity when considering both sending and receiving zoning districts in the
aggregate for a Transfer between identical land uses or an increase in permitted Development Intensity
as converted in accordance with this Article, unless a Development Intensity Bonus has been granted in
accordance with Section 6 of this Article.
Section 102-290. – Definitions. Definitions in this Article are intended only for certain key terms integral
to describing the TDI process, and is not meant to be an exhaustive list of all terms contained in the all
of the Town’s zoning regulations.
“Building Envelope” shall mean the recommended building space of a lot, parcel, or tract located in a
Receiving District. The Building Envelope is a buildable space as described by the height, non-residential
FAR (floor to area ratio), and/or Residential Unit Density as recommended in Exhibit A.
Proposed Amendments Chapter 102 - Zoning
Page 1 of 17
Page 2
“Community Character District” shall mean specific zones identified on the Comprehensive Plan Land
Use Plan Element and used to identify sub-zones of the Receiving District where different Building
Envelope capacity (expressed as Building Height, FAR, and/or Residential Unit Density) is specified.
“Comprehensive Plan” is the general development plan for the Town as adopted by the Town Council on
March 2, 2015 by Ordinance 747 and may, from time to time, be amended by said Council.
“Development Intensity” shall mean the eligible square footage of a non-residential use permitted in a
PD/ PD Planning Area or the number of residential units of a residential use permitted in a PD/ PD
Planning Area that are eligible to be considered for severance or transfer in accordance with the
provisions of this Article. Only Eligible Development Intensity shall be considered in any request for
severance or as a base level to which Development Intensity can be added through Transfer. The
Development Intensity eligible to be considered in the TDI program are documented in Exhibit B for all
properties zoned as a Planned Development at the time this ordinance is adopted. Future Planned
Developments will necessitate a revision of Exhibit B when such future Planned Developments are
approved by the Town Council. Development Intensity may be severed from a Planned Development
and transferred to a Planned Development as permitted by this Article and in accordance with the
processes described herein. In any transfer of Development Intensity, the development square footage
and/ or residential uses transferred must be associated with an identical use that is permitted in both
the Sending District PD/ PD Planning Area and the Receiving District PD/ PD Planning Area or the
development intensity from a Sending Area associated with a Land Use that is not permitted in the
Receiving District PD/ PD Planning Area or is not the same as the land use to which the transferred
Development Intensity will be assigned, must be converted to a specific use permitted in the Receiving
District, in accordance with Section 8 of this Article. The calculation of all conversions must comply with
the conversion rates established in Exhibit D. Land Uses may only be converted into non-residential use;
there shall be no conversion of a non-residential use or a residential use into a multi-family residential
use.
“Development Intensity Bonus” means an additional square foot of transferred Development Intensity
allowed for each square foot of Development Intensity severed from a Sending Property as an incentive
for setting aside Public Land described in this ordinance (Section 6). Development Intensity Bonuses are
added to the Development Intensity, severed from a Sending District PD/PD Planning Area upon
Transfer and do not increase or diminish the Development Intensity that has not been severed. A
Development Intensity Bonus is added to the Development Intensity severed after severance, thereby
increasing the total Development Intensity Transferred. The Sending District party may benefit from the
bonus if the bonus is granted for Public Land set aside by the Sending District party. However, if bonus
is granted for Public Land set aside by the Receiving District party, then the benefits of the Transfer
accrue to the Receiving District party.
“Development Plan” is a specific plan describing how a PD/ PD Planning Area is to be developed
according to its approved uses in the ordinance establishing that particular PD/ PD Planning Area as it
Proposed Amendments Chapter 102 - Zoning
Page 2 of 17
Page 3
may be amended from time to time. Further, where applicable, the Development Plan for a PD/ PD
Planning Area is subject to the general requirements of the Town’s PD regulations.
“Dual Eligibility Districts” shall mean an area identified in Exhibit C, portions of which can serve as a
Sending District when associated with a Sending District or serve as a Receiving District when associated
with a Receiving District. The determination as to whether a PD/PD Planning Area located in the Dual
Eligibility District is to be designated as a Sending District or a Receiving District shall be determined by
the Town Manager or designee and thereby identified as eligible to move forward for consideration of
Severance and/ or Transfer by the Town Planning Commission and Council. Disagreement with a
designation by the Town Manager may be appealed to the Town Council.
“Land Use Character Districts” shall mean districts as defined within the Land Use Plan section of the
Westlake 2015 Comprehensive Plan which describe the build-out qualities and aspects of various sectors
of the Town labeled as either Regional Commercial Community, Community Commercial, Town Core
Community, Town Common, Open Space Community, or Pastoral Community.
“Planned Development Districts” or “PD” shall mean those zoning districts that have specific zoning and
development regulations for a specific geographically defined area as adopted in the ordinance
establishing a specific PD (and as may be amended) as well as, where applicable, is subject to the
general PD zoning regulations of the Town. Only properties zoned as a Planned Development are eligible
for TDI.
“PD Planning Area” shall mean a Planned Development sub-district created by the Planned
Development Ordinance and to which Development Intensity is assigned by that ordinance.
“Public Land” shall mean land that remains undeveloped by the property owner and is set aside for any
of the following purposes:
a. Open Space that implements or compliments the Parks, Trails, and Open Space Plan Element of
Westlake’s Comprehensive Plan and is not credited toward meeting the open space
requirements of the regulating Planned Development Ordinance.
b. Public facility site including fire stations, police stations, city hall, public civic halls/centers,
public museum, library, public school or other such use that the Town agrees is a Public Facility.
c. Preservation of landmark landforms or other natural landmarks for which the Town seeks
preservation.
“Public Land Set Aside” shall mean the means by which Public Land is committed to a public use or
purpose. Set aside shall be by such means as determined necessary by the Town Council at the time
such Council approves a Severance or Transfer. Means of set aside may include (but not limited to):
a. Dedication
b. Easement
c. Contractual Agreement
Proposed Amendments Chapter 102 - Zoning
Page 3 of 17
Page 4
“Receiving District” shall mean the designated area in which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is adjoined to a PD/PD Planning Area when transferred from another PD/PD
Planning Area located in a designated Sending District, with a corresponding increase in Development
Intensity credited to the PD/PD Planning Area located in a district receiving the transfer.
“Sending District” shall mean the designated area from which a specific quantity of square footage of
previously approved non-residential use or a specific number of residential dwelling units of a previously
approved residential use is severed from a PD/PD Planning Area located in a designated district for
sending the transfer to another PD/PD Planning Area located in a Receiving District, with a
corresponding reduction of the transferred Development Intensity in the district sending out the
transfer.
“Severance” shall mean the commitment on the part of a land owner having a right granted by a
Planned Development Ordinance to develop an amount of non-residential square footage or residential
units to limit the use of that right by an official act of severance that is approved by the Town Council.
Severed Development Intensity may be held without attachment via Transfer, awaiting a future
Transfer. A Severance that is pending Transfer is called a “Severance Pending Transfer”.
“Transfer” shall mean the attachment of an approved amount of non-residential square footage or
residential units severed from a PD/PD Planning Area designated as a Sending District to a PD/PD
Planning Area designated as a Receiving District.
“Transfer of Development Intensity” or “TDI” shall mean the process as established in this Article by
which development square footage for approved uses is transferred from one PD/ PD Planning Area to
another with the intent to achieve preservation of view corridors and other purposes stated in this
Article via increased massing of certain permitted uses in the designated Receiving District with an off-
setting decrease of massing of the same permitted use(s) in the designated Sending District.
Section 102-291. – Zoning Districts Eligible to Participate in TDI. Only properties zoned as a Planned
Development are eligible to be considered for TDI. Only the Development Intensity authorized by the
PD/ PD Planning Area and associated with land uses that are permitted by the PD/ PD Planning Area (as
defined in this Article) shall be eligible for consideration to be Severed or Transferred by the Town:
a. Only Development Intensity associated with the same permitted use in both the Sending District
and the Receiving District, or a Development Intensity associated with a Land Use in a Sending
District that is converted to an equivalent Development Intensity for a Land Use permitted in
the Receiving District using the conversion rates established in Exhibit D, can be considered for
TDI and Transferred.
b. Only TDI requests determined to meet the intent and criteria of the Comprehensive Plan will be
considered eligible for consideration under this Article. A Development Intensity Severance
and/or Transfer must be approved by the Town Council as the Council determines appropriate
Proposed Amendments Chapter 102 - Zoning
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to the Town. A property owner of property located in a PD/ PD Planning Area does not have a
right to sever or transfer.
c. TDI requests for properties that wish to exceed the maximum Development Potential as
established by Exhibit A shall do so with Town Council approval.
Section 102-292. – Sending Districts, Receiving Districts, and Dual Eligibility Districts.
a. Sending Districts, Receiving Districts, and Dual Eligibility Districts are identified in Exhibit C.
When PD/PD Planning Area lies partially within a Sending District or a Receiving District or
lies within a Dual Eligibility District, the Town Manager or designee shall make a
recommended determination whether the entire PD/PD Planning Area is a Sending District
or a Receiving District and such recommended determination shall be confirmed or modified
by the Town Council upon approval of an application for Severance or Transfer. Any
adjustment to the general boundaries of Sending Districts, Receiving Districts, or Dual
Eligibility Districts resulting from such recommended determinations of the Town Manager
or Designee shall be documented by making revision to Exhibit C and Exhibit A, when
applicable, reflecting the Council’s final determination.
b. After a Severance of Development Intensity, a Sending District PD/PD Planning Area may be
developed for any remaining amount of Development Intensity remaining after such
severance. If the Sending District property qualifies to benefit from and is granted a transfer
bonus for setting aside Public Land in the Sending District, then any subsequent
development of that property must implement the Public Land use or purpose for which the
bonus was granted. Any documentation of the severance in accordance with this Article
must document the Public Land set aside.
c. After a Transfer of Development Intensity, a Receiving District PD/PD Planning Area may be
developed for any amount of Development Intensity specified in the Transfer plus any
additional Development Intensity permitted by the regulating PD Ordinance provided that
the Building Envelope prescribed for the Community Character District, in which the
receiving PD/PD Planning Area is located, is not exceeded. If the Receiving District PD/PD
Planning Area qualifies for and is granted a transfer bonus for setting aside Public Land
within the Receiving District, then any subsequent development of that property must
implement the Public Land use or purpose for which the bonus was granted. Any
documentation of the Transfer in accordance with this Article must document the Public
Land set aside.
d. When a severance separates 100% of the eligible Development Intensity, the affected
property:
1 Must immediately plat to show Public Land set asides, if such set aside was part of
the severance approval;
2 May be used to product agricultural or forest products; and
3 May be placed within a conservation easement granted to a conservation trust.
4 Must be noted on the Master TDI Log as a “ineligible” until and if such property is
rezoned.
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e. When a Transfer would occupy 100% of the Building Envelope as identified in Exhibit A, the
PD/PD Planning Area cannot receive any additional Development Intensity and the property
will be noted on the Town’s Master TDI Log as “Ineligible” until and if the property is
rezoned.
f. The Town Council may approve a severance without identifying a PD/PD Planning Area to
which the severed Development Intensity will be affixed via transfer. A property owner may
hold such severance until a transfer can be identified. Un-affixed severance is noted on the
Town’s Master TDI Log as “Un-affixed”. This provision is expressly intended to facilitate
those property owners who develop a property according to market demand but below the
Development Intensity permitted by the regulating PD Ordinance and wish to retain unused
Development Intensity for a future transfer. Any un-affixed Development Intensity that
remains with the severance due to limits imposed by the limited capacity of a Receiving
District Building Envelope may only be transferred to another Receiving District property
through the processes set out in this Article and upon approval by the Town Council.
g. Once Development Intensity is severed from a PD/PD Planning Area, the current property
owner and any future property owners are obligated to limit development of the property
from which Development Intensity has been severed to the portion of development
intensity, permitted by the Planned Development Ordinance that has not been committed
to severance. The severance limitation remains in effect until the property is rezoned.
Section 102-293. – Development Intensity Bonus.
a. When an applicant for a Severance and/or a Transfer of Development Intensity wishes to
withhold land from future development and commit such land as Public Land, that applicant is
eligible to benefit from a Development Intensity Bonus. Development Intensity Bonuses are
added to the Development Intensity, severed from a Sending District PD/PD Planning Area and
do not increase or diminish the Development Intensity that has not been severed. A
Development Intensity Bonus is added to the Development Intensity severed after severance,
thereby increasing the total Development Intensity Transferred. A Development Intensity Bonus
is only granted as an incentive to set aside Public Land. The Sending District Party may benefit
from the bonus if the bonus is granted for Public Land set aside by the Sending District party.
However, if bonus is granted for Public Land set aside by the Receiving District Party, then the
benefits of the Transfer accrue to the Receiving District party. The bonus established below is
only granted to benefit either the Sending District party or the Receiving District Party,
depending on which party sets aside Public Land. If both parties set aside Public Land, then the
Town Council shall determine what the appropriate bonus shall be.
1. Only the following Public Land set asides are eligible to be considered for a Development
Intensity Bonus:
(a.) Open Space that implements or compliments the Parks, Trails, Open Space Plan
Element of Westlake’s Comprehensive Plan and is not credited toward meeting the
open space requirements of the regulating Planned Development Ordinance.
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(b.) Public facility site including fire stations, police stations, city hall, public civic
halls/centers, public museum, libraries, public schools, or other such use that the
Town agrees is a Public Facility.
(c.) Preservation of landmark landforms or other natural landmarks for which the Town
seeks preservation.
2. Development Intensity Bonus for each of the above listed eligible Public lands is calculated
based on the transfer ratios listed below and in accordance with the methods portrayed in
the following example diagram:
(a.) Open Space:
For Public Land up to 50 ac., 0.008 sf will be added to each square foot of severed
non-residential use at transfer or .005 residential units will be added to each
severed residential unit at transfer for each acre of Open Space.
For Public Land between 51 ac. and 100 ac.: The first 50 acres shall be calculated
based on the above specified transfer rate applicable up to 50 acres. For additional
acreage, over 50 acres, 0.005 sf added will be added to each square foot of severed
non-residential use at transfer or .003 residential units will be added to each
severed residential unit at transfer for each acre of Open Space over 50 ac.
For Public land over 100 acres: The transfer rate shall be determined by Town
Council.
(b.) Public Facility and Preservation Land:
Public Land 10 ac or less: 0.02 sf. added to each square foot of the severed non-
residential use at transfer or 0.02 residential units added to each permitted
Proposed Amendments Chapter 102 - Zoning
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residential unit at transfer for each acre of Public Facility Site or Preservation site
that is 10 ac or less. Where Public Land for a Public Facility or Preservation is
greater than 10 ac. the eligible transfer bonus shall be as follows:
i. For Public Land from 11 to 50 ac.: 0.005 sf will be added to each square foot
of severed non-residential use at transfer or .005 residential units will be
added to each severed residential unit at transfer for each acre of Public
Facility or Preservation Land greater than 10 ac.
ii. For Public Land from 51 to 100 ac.: The first 50 acres shall be calculated
based on the above specified transfer rates applicable to 10 acres and
between 10 and 50 acres. For additional acreage, over 50 acres, 0.004 sf
added will be added to each square foot of severed non-residential use at
transfer or .004 residential units will be added to each severed residential
unit at transfer for each acre of Public Facility or Preservation land over 50
ac.
iii. For Public land over 100 acres: The transfer rate shall be determined by
Town Council.
3. When the Public Land Set Aside is an Open Space and advances the Plan of Westlake
Academy, the final bonus non-residential square footage or residential units added to the
Transfer may increase by 15%.
4. If the Severance or Transfer includes a bonus for setting land aside as Public Land, the bonus
Transfer can be acted upon simultaneously with such measures that the Town deems
acceptable and sufficient to establish the Public Land set aside and its use.
Section 102-294. – Relationship to Zoning.
a. Development Intensity may only be increased within a designated Receiving District through
a Transfer of Development Intensity from a designated Sending District. An increase of
Development Intensity through any means other than a transfer of Development Intensity,
approved by the Town Council, is prohibited without measures by a property owner to
assure that there will be an increased vehicular capacity in the Town Thoroughfare System,
as presented in the Town’s Official Thoroughfare Plan, required to accommodate an
increase in the Town’s aggregate Average Daily Trips (ADT’s), generated by existing
entitlements, or needed to prevent any change in the existing threshold Level of Service
(LOS) to LOS E or higher at various intersections of the Regional Arterials and Town Arterials
(as identified in the Town’s official Thoroughfare plan).
b. Only a property zoned as a Planned Development is eligible to participate in the TDI
Program presented in this Article. Any property not zoned as a PD may make application to
the Town to have the development rights currently conveyed through categorical zoning
reauthorized in the form of a Planned Development Ordinance which meets the
requirements of Chapter 102 of the Town’s Code of Ordinances.
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Section 102-295. – Conversion. When the Development Intensity Severed is associated with a Land Use
that is permitted in a Sending District PD/PD Planning Area but not permitted in the Receiving District
PD/PD Planning Area to which a Transfer is requested, then the Sending Area Development Intensity
must be converted to an equivalent Development Intensity associated with a Land Use permitted in the
Receiving District. The process of Conversion requires:
a. Determination of the Conversion Rate: Exhibit D shows the conversion rate for a base land use
(column A, vertical axis) for each land use listed in conversion land use (Row A, horizontal axis).
The conversion rate to use in calculation of the conversion is that rate specified in the cell where
the base land use and the conversion land use intersect.
b. Calculation of the equivalent Development Intensity: The number of non-residential square
footage and/ or the residential units severed must be multiplied by the applicable conversion
rate to establish an Equivalent Development Intensity.
c. Calculation of Applicable Bonus: If a bonus is applicable due to the set aside of Public Land, then
the bonus shall be added to the Development Intensity associated with the base land use.
d. Disclosure of Calculation: All calculations and identification of land uses used to determine the
Equivalent Development Intensity must be full documented in any application for Transfer.
Section 102-296. – Approval of a Development Plan Associated with a Transfer Constitutes an
Amendment.
a. The Council approval of a Transfer constitutes the following:
1. Approval of the affixation of a specified amount of severed Development Intensity to a
specific PD/PD Planning Area provided that the additional Development Intensity is
applied to identical Land Uses permitted by the Planned Development entitlement in
both the Sending District PD/PD Planning Area and the Receiving District PD/PD Planning
Area, or a Sending District Development Intensity that has been converted to an
equivalent Development Intensity associated with a Land Use permitted in the Receiving
District PD/ PD Planning Area.
2. Approval of the “Development Plan” required with each transfer or severance
constitutes an amendment/ variance of certain existing development provisions of the
Planned Development entitlement (except land use) when such amendments/variances
are identified in the Development Plan, required as part of the transfer and/ or
severance application.
b. The PD amendment/variance granted through approval of the Development Plan is only
applicable for the property included in that Development Plan for which requested
amendments/variances are identified. All other properties (lots, parcels, or tracts) must comply
with the conditions of the Planned Development entitlement. Any PD condition that is not
addressed by the Development Plan shall remain in force as specified by the entitlement
ordinance. Land Uses permitted by the PD/PD Planning Area may only be amended through
rezoning.
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Section 102-297. – TDI Process and Recordation of Approved TDI’s.
a. Initiation of the TDI Process/Determination of Eligibility for TDI Consideration. Upon inquiry by a
land owner, said TDI process shall begin with a pre-application meeting with the owner(s) of the
proposed sending and receiving PD’s. This pre-application meeting is to determine eligibility for
participation in the TDI process. Following this pre-application meeting, a written determination
shall be made by the Town Manager or Designee as to the eligibility of the property in question
to participate for consideration under the TDI process and certification that the PD/PD Planning
Area in which the property is located is a Sending District or Receiving District (designated
Sending Districts and Receiving Districts are identified in Exhibit C. If found ineligible to
participate in the TDI process, the owners of the land in the PD/ PD Planning Area’s in question
may instead, at their option, apply for a zoning change. If certification as a Sending District or a
Receiving District is not deemed by the Town Manager or Designee as possible at the
administrative level, the owners of the property in question may seek designation by the Town
Council.
b. Application for TDI. If the property in question is found to be eligible by the Town Manager,
under the criteria established herein, for participation in the TDI process and a written
determination has been issued so stating that the owner(s) of the subject property are found
eligible, then the property owner may submit a TDI application that, as a minimum, shall contain
the following information:
1. Sending and/or Receiving PD/PD Planning Area- a specific field note description and
map of the Sending and (if the Severance request includes a Transfer) Receiving PD/PD
Planning Area.
2. A specific, quantifiable description of the Development Intensity associated with
permitted uses effected by this Severance or Transfer and calculations of what the
corresponding reduction in Development Intensity will be for the Sending District and
what the corresponding increase in Development Intensity will be for the Receiving
District and showing how there is no net increase in approved overall eligible
Development Intensity as a result of this transfer except as may be the result of
providing Public Land as described in SECTION 6 (B).
3. A Development Plan showing the total impact of the Transfer, specifically including:
A. all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
B. where applicable as determined by the Town Manager or designee, all information
required for Development Plans as set out in the Town’s general PD regulations, and
C. the layout and specific requirements of proposed PD/PD Planning Area
amendments/variances needed to accommodate changes to the Sending and
Receiving Districts as would be effectuated by the TDI including, but not limited to,
Proposed Amendments Chapter 102 - Zoning
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location of Building Envelopes, parking, open space and park land and where
applicable, Public Land. Land Use is not a permitted amendment or variance.
D. the percentage of total Building Envelope that is occupied by the Transfer and/ or
documents the Development Intensity severed from and remaining within the
Sending District PD/PD Planning Area.
E. any and all variances from the regulating PD Ordinance that are necessary to
implement the Transfer Development Plan as shown.
F. any and all Public Land set asides that are part of the Severance and/ or Transfer
transaction.
G. building height, building square footage and/or number of residential units.
H. T.I.A. as applicable in accordance with Ordinance No. ____.
c. Additional Information as may be Required. The Town Manager or designee is authorized to
require additional information from the TDI applicant as may be needed to determine if the
proposed application comports to the Comprehensive Plan or as needed to present this matter
to the Town Planning and Zoning Commission and Town Council.
d. Master TDI Log. The Town Manager or Designee shall develop all necessary administrative
prcesses and forms to accurately track all applications for Severance or Transfer of any and all
approved TDI’s and any special conditions attached thereto. The Town Manager or Designee
shall have maintained a master list of all approved TDI applications to ensure that:
1. no approved TDI Transfer application represent a net increase in the Development
Intensity permitted by the regulating PD ordinance(s) when considering both sending
and receiving zoning districts in aggregate in any TDI application unless a Development
Intensity bonus has been granted to the Transfer for providing Public Land as specified
in this Article.
2. at no time will any approved TDI application achieve a net increase in Development
Intensity permitted by the regulating PD ordinances for all PD/ PD Planning Area’s in
the Town, considered in aggregate, unless a Development Intensity bonus has been
granted to the Transfer for providing Public Land as specified in this Article.
Section 102-298. – Required Public Hearing and Notices
a. Public Process for TDI Consideration. Once the proposed TDI application is deemed complete by
the Town Manager or Designee, public hearings shall be scheduled for consideration of the TDI
application before both the Planning & Zoning Commission (Commission) and the Town Council
(Council). Notices for said TDI public hearings before the Commission and the Council shall be
provided in accordance with proposed zoning change notice requirements. Proposed TDI
applications scheduled for Commission and Council consideration will be brought forward with a
Staff recommendation that includes how this application comports to the Comprehensive Plan.
Proposed Amendments Chapter 102 - Zoning
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The Commission will conduct the first public hearing on any proposed TDI application. Following
this public hearing, the Commission shall make a recommendation to the Council regarding the
proposed TDI application. The Council, following conduct of its public hearing on the proposed
TDI application, shall approve, modify, or disapprove said application.
b. Approval of a TDI shall be done by adoption of a zoning ordinance amendment that contains, as
a minimum, the following information:
1. Location of the Sending and Receiving PD/ PD Planning Area’s with field note description
and map of the Sending PD/ PD Planning Area and Receiving PD/ PD Planning Area’s.
A. A specific, quantifiable description of the approved use associated Development
Intensity transferred by the TDI and calculations of the corresponding reduction in
Development Intensity for the Sending District and the corresponding increase in
Development Square Intensity for the Receiving District, and showing how there is no
net increase in the vehicular volume associated with permitted development in
aggregate for these specific districts, with this transfer, unless a Development Intensity
bonus has been granted to the Transfer for providing Public Land as specified in this
Article.
2. An amended Development Plan showing:
A. all information required for PD site plans as set out in that District’s establishment
ordinance (as may be amended), and
B. where applicable, all information required for Development Plans as set out in the
Town’s general PD regulations, and
C. How the Development Plan is now amended to accommodate changes to the
Sending and Receiving Districts as effectuated by the TDI including, but not limited
to, location of Building Envelopes, parking, open space and park land, and
D. Any public land set asides (by any means described in Section 6), if applicable.
Proposed Amendments Chapter 102 - Zoning
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Exhibit A: Building Envelope (DRAFT)
Proposed Amendments Chapter 102 - Zoning
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Exhibit B: Eligible Development Intensity (DRAFT)
** per Ordinance 202 as may be amended or replaced by Council action
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Exhibit C: Sending, Receiving and Dual Eligibility Districts (DRAFT)
Proposed Amendments Chapter 102 - Zoning
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Exhibit D: Conversion Rates (DRAFT)
* Multi-family may be converted to any use presented in the table, but no use may be converted into
multi-family.
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** Data Center Conversions in Exhibit E
Exhibit E: Conversion Rates for Data Centers (DRAFT)
Data Center* Recreation. Sports and health Club 3550/1000
Auto Service 1751/1000
Data Center 88/1000
Education/ Government/ Institutional 1576/1000
Hotel and Conference 870/ 1rm
Mall 3389/1000
Mixed-Use 2189/1000
Office 1051/1000
Office Campus 1000/1000
Office/ Educational 1101/1000
Office/ Industrial 613/1000
Residential (MF) 581/ 1 unit
Residential (SF) 833/ 1 unit
Retail 3739/1000
Wholesale Trade 438/1000
Amusement 7005/1000
Conference 700/1000
* Office Campus conversion ratio used for conversion of other uses into data center.
Ratios above should be read as sf of Data Center/ sf of Existing Use
1000/1000
Proposed Amendments Chapter 102 - Zoning
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Town Council Workshop
Proposed Transfer of Development
Intensity (TDI) Ordinance
Town Council Workshop -December 12th, 2016
TDI Enablement
The notion of creating a structured TDI
Program is called for in Comp Plan:
•Page 141: “…accomplishment of significant public goals
(traffic mitigation, need for open space, etc.)…the case can
be made for Transfer of Development square footage…”
•Page 144: “…the Land Use Plan identifies Receiving Districts
and Sending Districts…”
•Page 150: “…the Regional Community becomes a good
destination for the Transfer of Development Square
Footage…”
Therefore, TDI is proposed for purposes of:
•Protect characteristic view corridors
•Incent natural fabric preservation
•Abate further effects of increased traffic
•Implement Comp. Plan Elements (open space, public
facilities, roads, trails, etc.)
Town Council Workshop -December 12th, 2016
TDI Tool Establishes:
1.Sending and Receiving Areas
2.Eligible Development Intensity
3.Eligibility Criteria & Conversion
4.Incentives
5.Approval Process and Tracking
Town Council Workshop -December 12th, 2016
TDI Tool Establishes:
+Comp. Plan
Implementation
+View corridor
preservation
+Future traffic volume
management
+Open space and public
facility needs facilitation
1.Sending and Receiving Areas
2.Eligible Development Intensity
3.Eligibility Criteria & Conversion
4.Incentives
5.Approval Process and Tracking
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Open Space
PC
CC3
TC
TCO
CC1
CC2
TC
View Sheds (A)View Shade (D)
View Corridor (B)
Vista Terminal (C)
CC2
TC
RCView ZonesLand Use DistrictsDual Eligibility
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Town Council Workshop -December 12th, 2016
1. Sending/ Receiving Areas
Dual Eligibility Districts
will become either
Sending Districts or
Receiving Districts over
time as individual
cases are considered.
Receiving Districts = visual/
environmental impacts of
increased development can
be tolerated; traffic capacity
and infrastructure is greatest.
TRANSFER of
Development Intensity
Sending Districts = view
exposure, environmental
sensitivity, residential
proximity is greatest.
SEVERENCE of
Development Intensity
Town Council Workshop -December 12th, 2016
Currently, Intensity in PD’s
expressed differently:
•A Number
•A percent of Total Land Area
•An FAR
Exhibit “B”expresses all Eligible
Development Intensity as a simple
number of Square Feet, Rooms, or
Units…No confusion
2. Eligible Development Intensity
Town Council Workshop -December 12th, 2016
3. Eligibility Criteria & Conversion
Planned Developments eligible for TDI
consideration.
To Encourage Development of Viable
Land Uses while not Increasing Traffic
Generated:
•Condition of Conversion: Can only be
converted from use permitted in Sending
District to use permitted in Receiving
District.
•Rate of Conversion: Exhibit “D”, based on
maintaining same total Trip Generation
•Effect of Conversion: Promotes
redistribution of Intensity in accordance
with the Comp. Plan
Conversion
RETAIL
OFFICE
OFFICEOFFICE
Town Council Workshop -December 12th, 2016
3. Eligibility Criteria & Conversion
Building Envelope sets
Capacity of Intensity
Transferred to any Receiving
District or Severed from a
Sending District:
•Exhibit “A”: Establishes FAR,
Height, and (where applicable)
units per acre; establishes limit to
Transfer and Severance
•Envelope is a recommended
threshold; Council may approve
greater intensity.
Height
“A”
Bldg. Plate
Area “B”
Site Area “C”
Bldg. Plate
Area “B”
Site Area “C”
FAR = B/C
Town Council Workshop -December 12th, 2016
Severance without Immediate
Transfer:
Allows sale of land for lower FAR
development without need to create
new PD Planning Areas to preserve
Entitlement.
•Severance Pending Transfer is
noted on Master TDI Log as
“Unaffixed”
•Specifically for Property Owners
who develop land according to
market demand but below
permitted FAR (e.g. Deloitte) and
wish to retain unused Development
Intensity for future Transfer.
Severed
Future
Transfer
3. Eligibility Criteria & Conversion
Town Council Workshop -December 22th, 2016
To Incentivize Implementation of
the Comprehensive Plan, Bonus
accrued to the party who:
•Sets aside Public Land = Parks, Trails,
Open Space in accordance with the Comp
Plan.
•Sets aside site for a Public Facility = Fire
Station, Public Museum, Library, Public
School, etc. that the Town seeks.
•Preservation of Landmark Landforms =
major promontories or other natural
features.
•Per P&Z (11/28): Added bonus for open
space adjacent to Westlake Academy
4. Incentives
Town Council Workshop -December 12th, 2016
4. Incentives
Development
Intensity
Bonus
Town Council Workshop -December 12th, 2016
Council:
Consider
and
Approve or
Deny
5. Approval Process and Tracking
APPLICANT MASTER
TDI LOGSTEP 4 STEP 5 STEP 6STEP 1 STEP 2 STEP 3
Pre
Application
Conference
Staff:
Determine
Sending
and
Receiving
Districts
Planning
Commission:
Consider and
Recommend
Staff:
Determine
Eligibility
Staff:
Determine
Application
Complete
APPLICATION
NOTIFICATION &
RECOMMENDATION
Town Council Workshop -December 12th, 2016
Planning
and Zoning
Item # 5 – Adjournment
Regular Session
Back up material has not
been provided for this
item.