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Home My WebLink About03-27-17 TC Agenda PacketThe Regular Meeting of the Town of Westlake Town Council will begin immediately following the conclusion of the Town Council Work Session but not prior to the posted start time. Mission Statement Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesses with superior municipal and academic services that are accessible, efficient, cost-effective, and transparent. Westlake, Texas – “One-of-a-kind community; natural oasis – providing an exceptional level of service.” Page 1 of 5 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA MARCH 27, 2017 1301 Solana Blvd. Building 4, Suite 4202 2ND FLOOR, COUNCIL CHAMBER WESTLAKE, TX 76262 Workshop Session: 5:00 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. DISCUSSION ITEMS a. Presentation and discussion regarding the proposed amendments to Chapter 62 Planning, adding Article III, Implementation of the Comprehensive Plan. b. Presentation and discussion regarding reconstruction and drainage improvements on Dove Road in conformance with the Comprehensive Plan. c. Standing Item: Presentation and discussion of development projects per Staff February 2017 report and February 2017 Entrada report from the Developer. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Page 3 of 5 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION 8. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the February 27, 2017, meeting. b. Consider approval of Resolution 17-13, Appointing a member to the Texas Student Housing Authority. c. Consider approval of Resolution 17-14, Amending the Westlake Historic Monument Master Plan, approved by Resolution 11-18, approving additional monument locations. d. Consider approval of Resolution 17-15, Approving an Interlocal Agreement with Tarrant County for the reconstruction of Dove Road and further authorizing the Town Manager to execute the agreement. e. Consider approval of Resolution 17-16, amending Resolution 16-35, approving the First Amendment to the Economic Development Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. f. Consider approval of Resolution 17-17, Amending Resolution 16-35, approving the First Amendment to the Developer Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. Page 4 of 5 g. Consider approval of Resolution 17-18, Adopting the City of Fort Worth Impact Fee Ordinance. 5. DISCUSSION AND CONSIDERATION OF ORDINANCE 820, AMENDING CHAPTER 62 PLANNING, ADDING ARTICLE III, IMPLEMENTATION OF THE COMPREHENSIVE PLAN. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. 7. RECONVENE MEETING 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Page 5 of 5 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1301 Solana Blvd., Building 4, Suite 4202, Westlake, TX 76262, March 22, 2017, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, 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 Council Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the February 27, 2017, meeting. b. Consider approval of Resolution 17-13, Appointing a member to the Texas Student Housing Authority. c. Consider approval of Resolution 17-14, Amending the Westlake Historic Monument Master Plan, approved by Resolution 11-18, approving additional monument locations. d. Consider approval of Resolution 17-15, Approving an Interlocal Agreement with Tarrant County for the reconstruction of Dove Road and further authorizing the Town Manager to execute the agreement. e. Consider approval of Resolution 17-16, amending Resolution 16-35, approving the First Amendment to the Economic Development Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. f. Consider approval of Resolution 17-17, Amending Resolution 16-35, approving the First Amendment to the Developer Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. g. Consider approval of Resolution 17-18, Adopting the City of Fort Worth Impact Fee Ordinance. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and discussion regarding the proposed amendments to Chapter 62. b. Presentation and discussion regarding reconstruction and drainage improvements on Dove Road in conformance with the Comprehensive Plan. c. Standing Item: Presentation and discussion of development projects per Staff February 2017 report and February 2017 Entrada report from the Developer. Town Council Item #4 – Discussion Items Page 1 of 3 estlake Town Council Meeting TYPE OF ACTION Workshop - Discussion Item Monday, March 27, 2017 TOPIC: Discussion of regular agenda item regarding amendments to Chapter 62 Planning, adding Article III, Implementation of the Comprehensive Plan. 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 Update Development Regulations Time Line - Start Date: February 13, 2017 Completion Date: TBD 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. Since the plan’s adoption, the plan consultant, Mesa Planning, was further contracted to complete additional implementation elements that seek to ensure adherence and accountability to the plan recommendations. Most recently, provisions adopting standards for the transfer of development intensity (TDI) as recommended by the Comprehensive Plan were approved by the Town Council on January 23, 2017 and added to Chapter 102 – Zoning in the Westlake Code of Ordinances. Staff proposes additional amendments (attached) to the Code of Ordinances providing formal consistency with the recommendations contained in the Comprehensive Plan. The purpose of the Page 2 of 3 proposed regulations is to establish uniformity with regard to the application of the 2015 Comprehensive Plan to development within Westlake and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: • interpretation of the Comprehensive Plan, • application of the Comprehensive Plan to development, and • key considerations relative to development and development impacts that must be evaluated. With this in mind, the primary goal of the requirements contained in the proposed ordinance is to require development within the Town to be consistent with the Comprehensive Plan. The Comprehensive Plan elements covered by the ordinance include: • Thoroughfares • Parks, Open Space and Trails • Town Design • Town Facilities • Stormwater Conservation Requirements for development consistency with the above elements would be triggered by certain specific actions on the part of the developer as follows: 1. Thoroughfares: a. Traffic Impact Analysis (TIA) required if: i. Existing PD use or density change is proposed; ii. TDI application is submitted; iii. New change of zoning or PD amendment is proposed b. New Roadway and/or Improvements to Existing Roadway required if: i. TDI application that includes and intensity bonus is submitted; ii. New development associated with change of zoning and plat submitted iii. Existing PD use or density change is proposed; iv. Building permits where applicable 2. Parks, Open Space and Trails, dedication/construction required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning/plat submitted c. Existing PD use or density change is proposed; 3. Town Design, compliance required if: a. New development associated with change of zoning and plat submitted b. Existing PD use or density change is proposed; c. Building permits where applicable Page 3 of 3 Town Facilities, dedication/construction required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted c. Existing PD use or density change is proposed; 4. Stormwater Conservation, compliance required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted Further details are provided in the attached ordinance draft. As with any PD zoning change or amendment, more context specific conditions relative to each individual action by the Council may be approved where the literal enforcement of this ordinance would be deemed unnecessary, inappropriate, etc. This item was presented to the Planning and Zoning Commission and the Town Council workshops on February 13th and 23rd respectively. The attached ordinance draft contains the final proposed codification details. Staff proposes placing the regulations in Chapter 62 – Planning (attached) in the Code of Ordinances. Chapter 62 contains the codification language adopting the Comprehensive Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of this item on March 20, 2017. RECOMMENDATION Staff recommends approval. ATTACHMENTS 1. Proposed Policies Ordinance. 2. Mesa Planning Town Council Presentation – February 27, 2017 3. Section 62 Planning – Westlake Code of Ordinances Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, March 27, 2017 TOPIC: Discussion and presentation regarding reconstruction and drainage improvements on Dove Road in conformance with the Comprehensive Plan. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: March 27, 2017 Completion Date: July 21, 2017 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Thoroughfare Plan included in the adopted 2015 Comprehensive Plan identifies the Dove Road segment extending east from Davis to the eastern town limits of Westlake as a Roadway of “Special Consideration” (see attached Comp Plan Page 174). This designation was included to address residents’ concerns about the Comp Plan’s ultimate roadway cross-section for a 4 lane divided design. However, staff is recommending something different. The proposed reconstruction work with Tarrant County will not expand/increase Dove Road’s total width to be more than its current width (approximately 24’). The reconstruction work is not being performed due to traffic congestion; rather it is to extend the life of the current Dove Road configuration and to provide drainage improvements near the Fair Oaks entrance to Glenwyck. Page 2 of 2 The proposed roadway construction has been designed with an expected 20 year life. Staff feels that the proposed design comports to the intent of the Comp Plan by protecting the Town’s infrastructure, mitigating roadway flooding, providing a safe and aesthetically pleasing street, and deferring any widening until congestion triggers occur. The rehabilitation of Dove Road is scheduled to begin in June 5th. The limits of construction begin at the concrete portion of Dove Road (constructed with FM 1938) east to Terra Bella Drive (eastern Town Limits). The repaving will include the reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5” asphalt surface. Stabilization will extend 1’ from edge of pavement, while maintaining the existing street width. The street reconstruction and drainage projects will be completed in two phases and require Dove Road to be closed during construction. The road closures will be coordinated with the drainage improvement construction work being performed by the Quail Hollow Developer as provided in the proposed Amendments to the Developer Agreement and Economic Development Agreement and the street reconstruction work being performed by Tarrant County as provided in the proposed ILA on the Regular Meeting Agenda. Phase 1 will close Dove Road on June 5th from FM 1938 to Randol Mill to all through traffic. (only local traffic will be allowed). The drainage improvement work take approximately 3 weeks to complete. Tarrant County will begin road reconstruction on June 19th. We anticipate this section of Dove Road opening on July 3rd. Phase 2 will close Dove Road (on July 3rd) from Randol Mill to Terra Bella to all through traffic (only local traffic will be allowed). This section needs to be closed to allow for some drainage work, removal of large trees impeding drainage, and more efficient reconstruction. We anticipate this section of Dove Road opening July 21st. RECOMMENDATION N/A ATTACHMENTS Comprehensive Plan Page 174 - Dove Road Excerpt Presentation to be provided at meeting Westlake Comprehensive plan Update174 addresse the anticipated trip demand and the other issues described above. The converging arrow heads indicate key connection points and the dash lines indicate key connections. Green connections are Regional Links, Blue connections comprise the Town System, and Tan connections show the Pastoral Roadways. Solid lines indicate the portions of the proposed Thoroughfare Network already built. The circle just north of the Dove Road/ Ottinger convergence indicates a need for special design treatment that will allow this offset intersection configuration (the eastward extension of Dove offset from the western extension of Dove) to accommodate the potential trip volumes it may experience. Diversion of Traffic from Dove Road One of the overwhelming desires expressed by the community during the course of public outreach for the Plan is for the easternmost portion of Dove Road, beginning at the GlenWyck neighborhood, to remain pastoral in character. Because of its connection to SH 114, Dove Road is a natural draw for traffic, a condition that will only become exacerbated over time as Westlake grows. Therefore, the road segment extending east from Davis to the eastern town limits of Westlake is identified as a Roadway of “Special Consideration”. A “Special Consideration” designation identifies roadway sections within the 2015 Thoroughfare Plan that meet the following conditions: • Presents potential to be perceived as having an adverse effect on adjacent properties; • Provides street capacity likely needed to accommodate projected traffic volumes generated by non-residential entitlements currently in place; • Provides needed access for citizens of Westlake to development within their Town as well as access to major traffic routes; and • Provides needed relief from projected traffic congestion. Due to property owner concerns (as specified above), roadway sections designated as “Special Consideration” merit serious consideration regarding design, along with public hearings that should be held prior to final approval. It is the intent that “Special Consideration” Roadways will only be brought forward in the event that such sections are needed to alleviate road congestion on the existing roadways of Westlake as non-residential entitlements are developed over time and other means of such alleviation are not feasible. The definition of “road congestion” necessitating consideration of improvements to a “Special Consideration” roadway is defined in the Policy Section of this Comprehensive Plan (more specifically Policy B.2). A Type Of Grid The Thoroughfare connections proposed in this Thoroughfare Plan create a curvilinear grid like network (when combined with existing Davis, currently improved portions of Dove, existing Solana Boulevard, and existing Westlake Parkway). Not Alignment-Specific By design, the streets identified in the Thoroughfare Framework Plan do not depict a specific alignment. Much of Westlake is currently undeveloped, and specific alignments will need to be determined in conjunction with development plans for individual sites. Therefore, the Thoroughfare Framework Development Snapshot February 2017 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 1 170 114 114 377 377 170 170 114 6 5 2 3 4 MAP GUIDE 1. Primrose School Entrada 26 Arta Drive 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard/Schwab Campus Mixed-Use Development 7. Solana Parking Garage Addition Two Parking Garages February 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER ROAD LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal 7 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete1 Estimated Completion 1 Primrose School Commercial N/A 12,100 s.f. Under construction N/A Spring 2017 2 Terra Bella Residential 28 54.7 acres 22/28 lots currently developed or under construction 64.29% N/A 3 Carlyle Court Residential 8 10.2 acres 4/8 lots under construction 25% N/A 4 Quail Hollow Residential 92 188 acres Phase I and IIA infrastructure complete. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 30/41 lots currently developed or under construction. 51.22% N/A Granada Phase II 43 Phase II infrastructure complete. Some building permits being reviewed. 0.00% Project Blizzard Mix-Use N/A 73.1 acres Preliminary utility work under construction. Dam/Lake hydrology improvements under construction N/A N/A 6 Schwab Campus Office N/A 81 acres Concept plan and site plan expected to be submitted Spring 2017. Developer aiming for a July 2017 start date N/A N/A 7 Solana Parking Garage Addition Office 1,126 spaces 10.32 acres Elevator work and landscaping are outstanding items. 95% March 2017 1 % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s Key Map ID Approved Site Plans / Building Elevations Plat Status Status of Public Improvements Building Permit Status 1 CVS Pharmacy (Ord. 762)Block N, Lot 3 95% complete; not accepted Final C of O Issued 2 Primrose School (Ord. 763)Block M, Lot 2 90% complete; not accepted Issued; Under construction 3 Retail Corner (Ord. 771)Blocks O and A substantially incomplete - not accepted Building Permits Under Review 4 Ampitheater (Ord. 777)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 5 Gas Pad Parking (Ord. 778)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 6 Restaurant ROW (Ord. 779)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 7 Residential Villas (Ord. 783)Block J substantially incomplete - not accepted not issued** 8 Residential Townhomes (Ord. 795)Block I substantially incomplete - not accepted not issued** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 9 Single Family Residential (Block D, E, F, H)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 10 Hotel Plaza (Block C)Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued** 11 Chapel, Town Hall & Parking Garage Lot 1, Block B (not replatted)#substantially incomplete - not accepted not issued*** Key Map ID Unapproved Site Plans Plat Status Status of Public Improvements Building Permit Status 12 Unspecified Residential / Commercial Units Lot 1, Block B (not replatted)#construction not apporoved not issued**** ** Building permits cannot be issued until all Phase One public improvements are accepted *** A foundation only permit is issued for the chapel. All other building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. **** No developer's agreement exists for phase 2. Building permits cannot be issued until site plans are approved and all Phase One public improvements are accepted. Entrada Phase One - Construction Status (as of 2/24/2017) Entrada Phase Two - Construction Status (as of 1/20/2017) * Foundation only permit requested by developer. Plans under review # replat required for compliance with preliminary plat and development plan Entrada Development Report Event Description Ordinance / Resolution Approval Date Initial Zoning Approved Ordinance 703 Monday, April 22, 2013 Economic Development Agreement Approved Resolution 13-17 Monday, April 22, 2013 Development Plan Approved Ordinance 720 Monday, October 28, 2013 Preliminary Plat Approved Resolution 13-32 Monday, October 28, 2013 Phase 1 Development Agreement Approved Resolution 13-34 Monday, October 28, 2013 Solana Public Improvement District Created Resolution 14-07 Monday, February 24, 2014 Amendment One to Economic Development Agreement Approved Resolution 14-46 Monday, December 15, 2014 Amendment Two to Economic Development Agreement Approved Resolution 15-02 Thursday, January 15, 2015 Phase One Public Improvements Construction Begins n/a Sunday, March 1, 2015 Initial Final Plat Approved Ordinance 761 Monday, December 14, 2015 Design Guidelines Approved Ordinance 760 Monday, December 14, 2015 Master Landscape, Lighting and Paving Plan Approved Ordinance 759 Monday, December 14, 2015 Amendment One to Ph. 1 Development Agreement Approved Resolution 15-35 Monday, December 14, 2015 CVS Pharmacy Site Plan & Building Elevations Apprved Ordinance 762 Monday, December 14, 2015 Primrose School Site Plan & Building Elevations Approved Ordinance 763 Monday, December 14, 2015 CVS Building Permit Issued*n/a Thursday, January 14, 2016 Retail Corner Site Plan & Building Elevations Approved Ordinance 771 Monday, February 22, 2016 Ampitheater Site Plan & Building Elevations Approved Ordinance 777 Monday, March 28, 2016 Gas Pad Parking Site Plan & Building Elevations Approved Ordinance 778 Monday, March 28, 2016 Restaurant ROW Site Plan & Building Elevations Approved Ordinance 779 Monday, March 28, 2016 Residential Villas Site Plan & Building Elevations Approved Ordinance 783 Monday, April 25, 2016 Primrose Building Permit Issued*n/a Tuesday, July 26, 2016 Residential Townhomes Site Plan & Building Elevations Approved Ordinance 795 Monday, September 19, 2016 CVS Final C of O Issued n/a Friday, February 3, 2017 Phase One Public Improvements Construction Projected Completion**n/a Thursday, July 27, 2017 *Permits Issued prior to acceptance of public imrpovements **According to developer's projection Entrada Development Chronology - as of 2/24/2017 NOTE: Phase Two agreements, replats, site plans and construction have not been not been approved as of 2/24/2017 Entrada Development Report 1 3 4 5 9 10 11 12 2 7 8 6 Approved Entrada Development Plan ConstrucƟon / Approval Status Key Map—as of 2/24/2017 PD Zoning and Concept Plan Approved PD Development Plan Approved (Split into 2 phases) PD Site Plan(s) Approved Preliminary/Final Plats Approved (Final plats further divid-ed as individual replats) Public Improvements Accepted by Town Building Permits Approved 1 2 3 4 C o n s t r u c t I o n o f P u b l I c I m p r o v e m e n t s 5 6 7 Westlake Entrada General Development Process Flow Chart EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 7 – Council Recap / Staff Direction Town Council Item # 8 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations, or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety.  The Terrace at Solana Grand Reopening Tuesday, March 28, 2017; 4:00 – 6:00 pm 1500 Solana Boulevard; Gather at north end of “6 pack”, adjacent to the new parking garage *Please let Ginger know of your attendance plans by Friday, March 24 so she may send in to Cushman-Wakefield  Coffee & Conversation with the Mayor/Board President Monday, April 3, 2017; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  WA Board of Trustees Workshop/Meeting Monday, April 3, 2017* Westlake Town Hall, Solana Bldg. 4 – Council Chamber/Courtroom  Northwest Metroport Chamber’s Annual State of the Communities Luncheon Address Tuesday, April 4, 2017; 11:15 am - 1:00 pm The Speedway Club, Texas Motor Speedway *Please let Ginger know of your attendance plans as soon as possible please for tickets  Simply Westlake Event for Westlake residents – Chef Demonstrations & Health Coach Cindy Carbone Tuesday, April 4, 2017; 11:30 am – 1:30 pm Expressions Home Gallery, 325 Commerce Street, Suite 100, Southlake 76092 *Please RSVP to Connie Chase or Ginger Awtry by Friday, March 31  Terra Bella-Glenwyck Farms Neighborhood Town Meeting Tuesday, April 4, 2017; 6:30 – 8:30 pm Home of Geoff & Kim Vickrey *Invitations emailed to residents; Please RSVP to Ginger Awtry  Masterworks Spring Concert (1 of 2) with Johnny D & the Doo Wopps Thursday, April 6, 2017; 7-8:00 pm Solana’s Plaza Courtyard – 1301 Solana Boulevard  Planning & Zoning Meeting; if needed Monday, April 10, 2017* Westlake Town Hall, Solana Bldg. 4 – Council Chamber/Courtroom  Granada Neighborhood Town Meeting Wednesday, April 12, 2017; 6:30 -8:30 pm Home of Mahmut & Dahlia Hassani Yassar *Invitations will be emailed to residents; Please RSVP to Ginger Awtry  Westlake Municipal Offices & Westlake Academy closed in observance of Good Friday Friday, April 14, 2017  Masterworks Spring Concert (2 of 2) with Electric Circus Thursday, April 20, 2017; 7-8:00 pm Solana’s Plaza Courtyard – 1301 Solana Boulevard Town Council Item # 2 – Items of Community Interest  Town Council Workshop/Meeting Monday, April 24, 2017* Westlake Town Hall, Solana Bldg. 4 – Council Chamber/Courtroom  Westlake’s 18th Annual Arbor Day Celebration Saturday, April 29, 2017; 10:00 am – 12:00 pm Westlake Academy Campus – Southwest Parking Lot; adjacent to the Sam & Margaret Lee Athletic Fieldhouse SAVE THE DATE… 2017 Westlake Academy Commencement Ceremony Saturday, June 3, 2017; 2:00 pm Hurst Conference Center, 1601 Campus Drive, Hurst 76054 *For meeting agendas and details on calendar events, please visit the Town’s website. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 3 – Citizen Comments CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the February 27, 2017, meeting. b. Consider approval of Resolution 17-13, Appointing a member to the Texas Student Housing Authority. c. Consider approval of Resolution 17-14, Amending the Westlake Historic Monument Master Plan, approved by Resolution 11-18, approving additional monument locations. d. Consider approval of Resolution 17-15, Approving an Interlocal Agreement with Tarrant County for the reconstruction of Dove Road and further authorizing the Town Manager to execute the agreement. e. Consider approval of Resolution 17-16, amending Resolution 16-35, approving the First Amendment to the Economic Development Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. f. Consider approval of Resolution 17-17, Amending Resolution 16-35, approving the First Amendment to the Developer Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. g. Consider approval of Resolution 17-18, Adopting the City of Fort Worth Impact Fee Ordinance. Town Council Item # 4 – Consent Agenda Town Council Minutes 02/27/17 Page 1 of 8 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING February 27, 2017 PRESENT: Mayor Laura Wheat, Council Members: Michael Barrett, Alesa Belvedere, Carol Langdon, and Wayne Stoltenberg. ABSENT: Rick Rennhack OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Development Coordinator/ Management Analyst Joel Enders, Director of Finance Debbie Piper, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Keller Police Captain Tommy Simmons, Director of Parks & Recreation Troy Meyer, Building Official Pat Cooke, and Development Intern Nick Ford. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:49 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 02/27/17 Page 2 of 8 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Discussion ensued regarding item e – AT&T ductbank Agreement in Entrada. Mayor Wheat inquired why AT&T is not an option in Vaquero. Director Greenwood stated that Vaquero is beyond AT&T’s territory. 4. DISCUSSION ITEMS a. Presentation and Discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. Mr. John DeBurro, Weaver Tidwell, and Director Piper provided a presentation and overview of the audit. Discussion ensued regarding money provided by developers and requirements for future tax abatements. b. Presentation and Discussion of a proposed Public Art Plan and discussion of next steps in adopting and implementing said Plan. Mr. Robin McCaffrey, Mr. Russell Tether, and Ms. Sue Canterbury provided a presentation and overview of the item. Discussion ensued regarding developing a task force, highest grants for artists, prizing and self-funding, voting for public art with dollars, items g and h of the consent agenda, and attracting emerging artists. c. Presentation and discussion of a proposed draft ordinance implementing development related policies contained in the 2015 Comprehensive Plan. Director Ruthven and Mr. McCaffrey provided a presentation and overview of the item. No additional discussion. d. Presentation and discussion regarding a proposed amendment to Chapter 74, Solid Waste, amending the requirement to obtain a container from the Town’s franchised waste provider of the Solid Waste and other minor amendments. Town Council Minutes 02/27/17 Page 3 of 8 Director Greenwood and Building Official Cooke provided a presentation and overview of the item. Discussion regarding an exclusive contract verses a non-exclusive contract, surrounding municipalities with exclusive contracts, and monitoring the waste stream ensuring it is being disposed at the proper landfill. Mayor Wheat invited guests to comment on this item. The following people spoke in opposition of the proposed amendments: Mike Garabedian, PO Box 93984, Southlake Todd Handwerk, 2005 Karnes Drive, Keller Cary Hy, 3501 Emerald Court, Grapevine Michael Stankiewicz, 7920 Odell Street, North Richland Hills Curt Dubose, 2017 Granada Trail, Westlake Jon Atwood, 1801 Monet Drive, Southlake Mayor Wheat recessed the meeting at 7:40 p.m. Mayor Wheat reconvened the meeting at 7:51 p.m. e. Presentation and discussion regarding the addition of Cross Connection requirements to Chapter 94, Utilities. Director Greenwood and Building Official Cooke provided a presentation and overview of the item. Discussion ensued regarding State mandated compliance, surrounding municipalities, and testing program. f. Standing Item: Presentation and discussion of development projects per Staff January 2017 report and January 2017 Entrada report from the Developer. Director Ruthven provided an overview of the development projects. 5. EXECUTIVE SESSION The Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Town Council Minutes 02/27/17 Page 4 of 8 Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Utility District taxing and service jurisdiction d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 6. RECONVENE MEETING 7. COUNCIL RECAP / STAFF DIRECTION Staff schedule a meeting with builders in the community to discuss the proposed amendments to the Town’s Solid Waste requirements in Chapter 74 of the Code of Ordinances. 8. ADJOURNMENT Mayor Wheat adjourned the work session at 8:20 p.m. Town Council Minutes 02/27/17 Page 5 of 8 Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 8:20 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. Town Manager Brymer stated that the Town of Westlake was nominated by Ginovus, L.L.C., to the International Site Selectors Guild, regarding the Charles Schwab development and selected for the award of Excellence for economic development. Director Meyer stated that Arbor Day will be held at Westlake Academy on April 29, 2017. 3. CITIZEN COMMENTS No one addressed the Council. 4. CONSENT AGENDA a. Consider approval of the minutes from the January 23, 2017, meeting. b. Consider approval of Resolution 17-03, Authorizing the Mayor to enter into a Joint Election Agreement with Denton County to conduct the General Election to be held on May 6, 2017. c. Consider approval of Resolution 17-04, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2016. d. Consider approval of Resolution 17-05, Authorizing a collection fee for citations issued in the Municipal Court, which are past due and/or delinquent and are placed with an agency for collection recovery e. Consider approval of Resolution 17-06, Authorizing the Town Manger to enter into a contract with Linebarger, Goggan, Blair and Simpson LLP, (LGBS) to provide collection services for the Municipal Court. f. Consider approval of Resolution 17-07, Authorizing the Town Manager to execute a lease with Southwestern Bell Telephone Company d/b/a AT&T Texas (“AT&T”), to utilize Town owned telecommunications conduit (ductbank) within the Entrada mixed-use development. g. Consider approval of Resolution 17-08, Amending Resolution 16-20 by revising the Scope of Services for Mesa Planning in the amount of $26,500 for additional services related to the new Westlake Public Art Plan. h. Consider approval of Resolution 17-09, Adopting a New Public Art Plan. Town Council Minutes 02/27/17 Page 6 of 8 i. Consider approval of Resolution 17-10, Authorizing the Town Manager to execute a contract with RJN, Inc. for $44,683.50 for sanitary sewer evaluation study j. Consider approval of Ordinance 818, Amending Chapter 70, Signs, Section 70-10 Temporary Business Signs. MOTION: Council Member Stoltenberg made a motion to approve the consent agenda. Council Belvedere seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDER ORDINANCE 819, APPROVING AMENDMENTS TO ORDINANCE 693, WHICH APPROVED PLANNED DEVELOPMENT DISTRICT 1-3 (PD 1-3), COMMONLY KNOWN AS GRANADA, AN APPROXIMATELY 84-ACRE TRACT OF LAND LOCATED AT THE NORTHEAST CORNER OF DAVIS BOULEVARD AND DOVE ROAD, IN ORDER TO AMEND THE APPROVED CONCEPT PLAN AND PROVIDE FOR OTHER MINOR AMENDMENTS. Coordinator Enders provided a presentation and overview of the item. Mr. Corson, Wilbow Development, spoke in favor of the amendment. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 819. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. EXECUTIVE SESSION The Council convened into executive session at 8:32 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.072 to deliberate the purchase, exchange, lease or value of real property regarding Town Hall offices, Fire Station site and the sale of Town owned property. b. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Town Council Minutes 02/27/17 Page 7 of 8 Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake c. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Utility District taxing and service jurisdiction d. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. e. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 10:23 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Belvedere made a motion to approve Resolution 17-11, Authorizing the Town Manager to enter into an agreement with BRE for Town Hall Offices. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Barrett made a motion to approve Resolution 17-12, Accepting a bid for Town owned property for approximately 6.8 acres. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Langdon made a motion authorizing the Town Manager to pursue bracketed legislation with our State Legislator designed to help reduce the unequal tax burden imposed upon Westlake residents who currently reside in the Granada subdivision. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 02/27/17 Page 8 of 8 9. FUTURE AGENDA ITEMS No future agenda items. 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 10:25 p.m. APPROVED BY THE TOWN COUNCIL ON MARCH 27, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 27, 2017 TOPIC: Consider approval of a Resolution Appointing a new member to the Texas Student Housing Authority. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: March 15, 2017 Completion Date: March 27, 2017 Funding Amount: 0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) We received an application from Texas Student Housing requesting approval of Katherine Kolkmeier to be appointed to the board. RECOMMENDATION Approve this resolution to appoint a new member. ATTACHMENTS Application and Resolution Resolution 17-13 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-13 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE TEXAS STUDENT HOUSING AUTHORITY. WHEREAS, Currently, a vacancy exist on the Texas Student Housing Authority; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Texas Student Housing Authority for the term noted below: Katherine Kolkmeier - term expiring June 2018. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-13 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2017. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 27, 2017 TOPIC: Consider a Resolution amending the Westlake Historic Monument Master Plan, approved by Res. 11-18, approving additional monument locations. STAFF CONTACT: Ginger R. Awtry, Communications & Community Affairs Director/WHPS Town Liaison and Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: February 14, 2017 Completion Date: March 21, 2017 Funding Amount: $0 Status - Funded Source - VAF (Hotel Tax) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Westlake Historical Preservation Society (WHPS), represented at the time by President Bert Schultz, presented an idea to help preserve local history throughout our community by implementing a historic monument plan to the Council and this plan was approved on June 13, 2011. At the time of approval, the master plan contained eight (8) markers potentially identified for installation over a multi-year period. During the plan’s presentation for approval, it was noted that the plan was expected to organically expand over time with the need to come back before Page 2 of 2 Council for necessary updates as additional markers are identified by WHPS or, previously identified markers are determined are no longer viable. As discussions were held with related landowners regarding a potential marker site on or near their property, some declined the opportunity to have a marker installed. Concerns noted by these citizens were over traffic issues and exposure for safety reasons and/or for their property’s resale. In some instances, landowners expressed their opposition was a matter of timing and they would like to reconsider the marker’s installation in the future. Below is the status of the original plan with recommended marker updates noted: 1. Buck T. King Homestead (Installed spring 2012) 2. Shockey-Huffman Homestead (Installed fall 2012) 3. Possum Trot School (Installed spring 2013) 4. Cross Timbers Region (Installed fall 2013; replaced Thrasher Family marker) 5. Circle T Ranch (Installed fall 2014) 6. Star Stagecoach Route (Installed spring 2016; replaced Old Stagecoach Stop marker) 7. Mahotea Boone Trails (Installing spring 2017; replaced Dealey Home marker) 8. Terra Bella Homestead (Still pending) 9. Argonaut’s Trail (New addition; to be sited at Entrada & SH 114) No funding is necessary for the updating of the historic monument master plan. Council may be interested to know that the actual markers have increased in price over the last five (5) years since the first historical marker was installed by 9.2%. The cost of each marker is paid for out of the Town’s Visitors Fund. Any expenses incurred for dedication ceremonies are paid for by the WHPS. RECOMMENDATION Staff recommends approval of the amended historic monument master plan. ATTACHMENTS Resolution 17-XX with Attachment A – Proposed Updated Historical Marker Master Plan with location map Resolution 17-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE HISTORIC MONUMENT MASTER PLAN. WHEREAS, the Town of Westlake established the Westlake Historical Preservation Society (WHPS) with the intent and mission of fostering and promoting the preservation of Westlake history; and WHEREAS, the Town of Westlake approved a Westlake Historic Monument Master Plan as presented by the WHPS on June 13, 2011, by Resolution 11-18. WHEREAS, the Westlake Historic Monument Master Plan originally included eight (8) historical and/or significant sites worthy of being identified for a Town historical marker; and WHEREAS, the Town Council finds that necessary amendments to the Westlake Historic Monument Master Plan provides sound planning consistent with the purpose of the Westlake Historical Preservation Society as previously identified sites become no longer viable or new sites are identified; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the amendment to the Town of Westlake Historic Monument Master Plan attached as Exhibit “A”. SECTION 3: That further implementation of said amended plan will be dependent on availability of funding as a part of the annual consideration by the Town Council of the proposed Town operating budget. SECTION 4: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-14 Page 2 of 2 SECTION 5: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2017. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney TOWN OF WESTLAKE HISTORICAL MONUMENT UPDATED MASTER PLAN March 27, 2016 SITES 1.Buck T. King Homestead 2.Shockey-Huffman Homestead 3.Possum Trot School 4.Cross Timbers Region (replaced Thrasher Family marker) 5.Circle T Ranch 6.Star Stagecoach Route (replaced Old Stagecoach Stop marker) 7.Mahotea Boone Trails (replaced Dealey Home marker) 8.Terra Bella Homestead (pending) 9.Argonaut’s Trail (new addition-at Entrada & SH 114) 23/2017 33/2017 BUCK KING HOMESTEAD •MR. KING RAISED ANIMALS AND FOWL AND GREW COTTON, CORN AND PEANUTS •PEARSON ROAD WAS PREVIOUSLY KNOWN AS BUCK KING ROAD •ADDITIONAL DETAILS AND INFORMATION AVAILABLE •INSTALLED SPRING 2012 46/13/2011 SHOCKEY-HUFFMAN HOMESTEAD SITE •HOMESTEAD WAS ESTABLISHED BY ISSAC SHOCKEY IN 1885 •CONSISTED OF MULTI- PLE WOOD FRAME BUILDINGS AND WELL •HOMESTEAD SITE NOW OCCUPIED BY SOLANA VILLAGE CIRCLE •INSTALLED FALL 2012 6/13/2011 5 POSSUM TROT SCHOOL SITE •PHILLIP’S SCHOOL DISTRICT NO. 84, ALSO KNOWN AS POSSUM TROT SCHOOL •OPENED 1890 •CLOSED 1905 •ENROLLMENT 16-20 AGES 8 THROUGH 13 •ONE ROOM WOOD FRAME BUILDING •INSTALLED SPRING 2013 66/13/2011 CROSS TIMBERS REGION •DISTINCTLY UNIQUE GEOGRAPHIC REGION IN NORTH CENTRAL TEXAS •REGION DESCRIBED AS EARLY AS 1832, IN WASHINGTON IRVING’S A TOUR OF THE PRAIRIES AS A “FOREST OF CAST IRON.” •CROSS TIMBERS REGION EXENDS ACROSS PARTS OF KANSAS, OKLAHOMA AND TEXAS •BENJAMIN THARP WRITINGS DESCRIBED CROSS TIMBER REGIONS AS TIMBERED ISLANDS AND LAKES OF GRASS CALLED OAK SAVANNAS 73/2017 CIRCLE T RANCH •J. GLENN TURNER PURCHASED APPROX. 2300 ACRES IN 40’/50’S •TOWN OF WESTLAKE WAS FOUNDED BY TURNER AND FRIENDS •PURCHASED BY NELSON HUNT SOLD TO H.ROSS PEROT JR./HILLWOOD IN 1993. •INSTALLED FALL 2014 86/13/2011 STAR STAGECOACH ROUTE •ESTABLISHED STAR STAGE ROUTE BY POSTMATER GENERAL IN 1845 TO DELIVER MAIL TO SMALL TOWNS •FROM 1854 TO 1859, ROUTE RAN MOSTLY ALONG ROANOKE ROAD THROUGH TODAY’S STAGECOACH HILLS NEIGHBORHOOD •MAIL ROUTE RAN WEEKLY FROM ALTON TO BIRDVILLE, MODERN DAY DENTON AND FT. WORTH LINE 93/2017 MAHOTEA BOONE TRAIL •DEALEY COUNTRY HOME •DESIGNED BY CHARLES DILBECK. •BUILT IN THE LATE 1930’S •KNOWN AS THE 220 RANCH •MOVED TO PRESENT SITE IN 1998 106/13/2011 TERRA BELLA SITE •(PHOTOGRAPH OF SITE WILL BE INSERTED AFTER LOCATION IS CONFIRMED, NOW BEING RESEARCHED) •ED NOACK FAMILY OF SIX BOUGHT THE SITE IN 1965 AND BUILT A 1000 SF FRAME HOME. •IN 1995, THE NOACKS REQUESTED WESTLAKE TO ANNEX THE LAND •BECAME TERRA BELLA ESTATES IN 2007 116/13/2011 ARGONAUT’S TRAIL •(PHOTOGRAPH OF SITE WILL BE INSERTED AFTER LOCATION IS CONFIRMED, NOW BEING RESEARCHED) •ED NOACK FAMILY OF SIX BOUGHT THE SITE IN 1965 AND BUILT A 1000 SF FRAME HOME. •IN 1995, THE NOACKS REQUESTED WESTLAKE TO ANNEX THE LAND •BECAME TERRA BELLA ESTATES IN 2007 123/2017 HISTORICAL MARKER DESIGN •SOUTHWELL FOUNDRY LOCATED IN SAN ANTONIO, TX MANUFACTURES HISTORICAL MARKERS FOR MANY STATES, COUNTIES AND TOWNS INCLUDING THE STATE OF TEXAS. •USED VENDOR FOR MARKERS SINCE 2012; COSTS HAVE INCREASED TO DATE BY 9.2% 133/2017 Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 27, 2017 TOPIC: Consider a Resolution approving an Inter-Local Agreement with Tarrant County for the reconstruction of Dove Road and further authorizing the Town Manager to execute the agreement. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: March 27, 2017 Completion Date: July 21, 2017 Funding Amount: $382,759.63 Status - Funded Source - Capital Projects Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The proposed Inter-Local Agreement (ILA) with Tarrant County is for the reconstruction of Dove Road from FM 1938 to Terra Bella (western Town Limits). Tarrant County will provide the necessary labor for reconstruction. The Town will be responsible for materials, traffic control, removal of the existing asphalt, and drainage improvements. This agreement leverages favorable pricing through economies of scale for construction materials and services secured through the County’s competitive bidding process. Page 2 of 2 The rehabilitation of Dove Road is scheduled to begin in June 5th. The limits of construction begin at the concrete portion of Dove Road (constructed with FM 1938) east to Terra Bella Drive (eastern Town Limits). The repaving will include the reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5” asphalt surface. Stabilization will extend 1’ from edge of pavement, while maintaining the existing street width. The street reconstruction and drainage projects will be completed in two phases and require Dove Road to be closed during construction. The road closures will be coordinated with the drainage improvement construction work being performed by the Quail Hollow Developer as provided in the proposed Amendments to the Developer Agreement and Economic Development Agreement and the street reconstruction work being performed by Tarrant County as provided in the proposed ILA on the Regular Meeting Agenda. Phase 1 will close Dove Road on June 5th from FM 1938 to Randol Mill to all through traffic. (only local traffic will be allowed). The drainage improvement work take approximately 3 weeks to complete. Tarrant County will begin road reconstruction on June 19th. We anticipate this section of Dove Road opening on July 3rd. Phase 2 will close Dove Road (on July 3rd) from Randol Mill to Terra Bella to all through traffic (only local traffic will be allowed). This section needs to be closed to allow for some drainage work, removal of large trees impeding drainage, and more efficient reconstruction. We anticipate this section of Dove Road opening July 21st. Funding for the proposed project is included in the Adopted Dove Road Reconstruction CIP. RECOMMENDATION Staff recommends approval of the Westlake-Tarrant County ILA. ATTACHMENTS Resolution with Attachment A - Proposed ILA with Tarrant County; and Attachment B – Dove Road Reconstruction Estimate Resolution 17-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN INTER-LOCAL AGREEMNT WITH TARRANT COUNTY FOR THE RECONSTRUCITON OF DOVE ROAD, AND AUTHORIZING THE TOWN MANAGER EXECUTE THE AGREEMENT. WHEREAS, Tarrant County and Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, Westlake desires to provide residents and commuters safe and aesthetically pleasing street to travel; and, WHEREAS, the Town Council finds that the inter-local agreement and improvements of Dove Road benefit the public; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety SECTION 2: That the Town of Westlake Town Council does hereby authorize the Town Manager to execute the Tarrant County inter-local agreement, attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-15 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2017. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 17-xx Page 1 of 5 ATTACHMENT A THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the Town of Westlake (“TOWN”). WHEREAS, the TOWN is requesting the COUNTY’s assistance to: • Rehabilitate and Resurface Dove Road located within the Town of Westlake from approximately 550 feet east of FM 1938 to Westlake/Southlake City limits (Approximately 6,230 linear feet). Hereinafter referred to as the “Project”. WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the TOWN Council of the TOWN each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The TOWN and the COUNTY have authorized their representative to sign this Agreement. e. Both parties acknowledge that they are each a “governmental entity” and not a “business entity” as those terms are defined in Tex. Gov’t Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 is required. Resolution 17-xx Page 2 of 5 NOW, THEREFORE, the COUNTY and the TOWN agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the TOWN in completing the Project: • Dove Road: Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place three inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. 2. TOWN RESPONSIBILITY 2.1 The TOWN will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The TOWN will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the TOWN for incidental material cost. 2.2 The TOWN will pay for one-half of the COUNTY’s fuel used to construct this Project. The COUNTY will invoice the TOWN for the fuel consumed at the conclusion of the Project. 2.3 The TOWN will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The TOWN will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The TOWN will remove the existing surface and make any necessary roadway repairs prior to the COUNTY starting work. 2.5 The TOWN will adjust all utilities, manholes and valve boxes for this Project. 2.6 The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 2.7 The TOWN will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The TOWN will furnish a site for dumping all spoils and waste materials generated during construction of this Project. 2.9 If required, the TOWN will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The TOWN further agrees to pay for all cost (including sub- Resolution 17-xx Page 3 of 5 contractor materials, labor and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the TOWN. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the TOWN has a complaint regarding the construction of the project, the TOWN must complain in writing to the COUNTY no later than 30 days of the date of project completion. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive TOWN rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the TOWN, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the TOWN desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the TOWN will need to enter into a separate agreement with the COUNTY for the provision of those services. 6. TIME PERIOD FOR COMPLETION The TOWN will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory Resolution 17-xx Page 4 of 5 or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION This Agreement will automatically terminate on either September 30, 2017 or on the date the project is completed, whichever occurs first. Nothwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days’ written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the TOWN remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. Resolution 17-xx Page 5 of 5 TARRANT COUNTY, TEXAS TOWN OF WESTLAKE _______________________________ ___________________________ B. Glen Whitley Thomas E. Brymer County Judge TOWN Manager Date: ________________________ Date: ______________________ _______________________________ Gary Fickes Commissioner, Precinct 3 Date: ________________________ Attest: ___________________________ Kelly Edwards, Town Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY _________________________________ __________________________________ Criminal District Attorney’s Office* TOWN Attorney * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Prepared by: Richard Schiller Tarrant County - Precinct Three Dove Road (5)3/6/2017 (Town of Westlake) Limits:550 ft east of Precinct Line Road (end of divided section) to City Limits (Terra Bella) Existing Condition: Project Size:Roadway Length (lf):450 lf West to north of Fair Oaks Stabilization Width (ft) : ft Stab Area :sy 2 in HMAC Overlay Binder Width (ft): ft Binder Area:sy Surface Width (ft):43 ft 62 ft to 24 ft Surface Area:3,083 sy Additional Areas (sy):933 sy Overlay Randol Mill Intersection Project Size:Roadway Length (lf):5,780 lf North of Fair Oaks to East Stabilization Width (ft) : 26 ft Stab Area :16,698 sy Reconstruct Binder Width (ft): 25 ft Binder Area:16,056 sy Surface Width (ft):24 ft Surface Area:15,413 sy Additional Areas (sy):sy Estimate: Roadway Materials: Sq Yds Rate/SY Cost Estimate Final $ Estimate $ Final Overlay Tack Coat (Surface)3,083 0.10 gal/sy 2.05$ $/gal 308 gal gal 632.08$ HMAC (2")3,083 0.11 tn/sy 59.13$ $/tn 339 tn tn 20,054.93$ Backfill Edges 2,344 0.0156 cy/lf 45.00$ $/cy 37 cy 1,645.49$ Subtotal 22,332.50$ Reconstruct Cemlime (8") 16,698 28 lb/sy 165.00$ $/tn 233.77 tn tn 38,571.87$ Prime (50/50 AEP)16,698 0.20 gal/sy 1.75$ $/gal 3340 gal gal 5,844.22$ Tack Coat (Binder)16,056 0.10 gal/sy 2.05$ $/gal 1606 gal gal 3,291.39$ HMAC Binder (3")16,056 0.17 tn/sy 53.13$ $/tn 2649 tn tn 140,750.23$ Tack Coat (Surface)15,413 0.10 gal/sy 2.05$ $/gal 1541 gal gal 3,159.73$ HMAC (2")15,413 0.11 tn/sy 59.13$ $/tn 1695 tn tn 100,252.94$ Backfill Edges (Topsoil)5,780 0.0556 cy/lf 45.00$ $/cy 321 cy 14,461.56$ Subtotal 306,331.94$ Misc Cost Milling (4")31,026.67$ CITY Provided Milling (2")5,595.83$ CITY Provided Fuel Cost Estimate 50% Actual 7,750$ 3,875.00$ Tabs 0.5 $/ea 623$ 311.50$ Stripe 0.033 $/lf 24,920$ 822.36$ Materials + Misc Cost 347,963.30$ 10% Contingency 34,796.33$ Total:$382,759.63 -$ Material cost based on Sept 2016 pricing. Construction Time Estimate: 33 days Comments:City will responsible for all traffic control required to construct this project. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils . City will provide a hydrant meter and all water for this project. City may provide material for backfilling edges. Estimated stabilization rate of 28# , 8 inches deep. Pavement is in good condition from west end to Fair Oaks. Subgrade appears to be sound. Light severity of unsealed cracking with 1 or 2 very minor, small distressed areas. and appear to be environmental or thermal related and not load. Cracking, distresses and patching increases to moderate severity from Far Oaks to the east. Scope Of Work:From Divided Section to 450 east (transitional area): Mill 2 inches and place 2 inches HMAC. From end of transition to City limits (east radius return of Terra Bella): Remove 4 inches of existing material. Reclaim the existing roadbed, stabilize the recycled material (eight inches), regrade, place three inches of asphalt binder and two-inches HMAC surface. Backfill shoulders and clean jobsite. Stripe. Dove Road (5) (Town of Westlake)3/6/2017 Activity Quantitiy Rate Days $ Fuel / Day Fuel Cost Locate Utilities 1 $ 100 $ 100 Milling 4 CITY Mix Cemlime 234 30 tn/day 8 325$ $ 2,600 Tight Blade 16,698 4,000 sy/day 5 200$ $ 1,000 Lay Binder 2,649 500 tn/day 6 300$ $ 1,800 Lay Surface 2,035 500 tn/day 5 300$ $ 1,500 Backfill Edges 6,230 2,500 lf/day 3 200$ $ 600 Clean Up 1 $150 $ 150 33 7,750$ estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, March 27, 2017 TOPIC: Consider a Resolution amending Resolution 16-35, approving the First Amendment to the Economic Development Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager 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: March 27, 2017 Completion Date: March 27, 2017 Funding Amount: $100,000.00 Status - Funded Source - Capital Projects Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Quail Hollow Developer Agreement was approved by Resolution 16-35 by Council at the October 24, 2016 Regular Council meeting. The proposed amendment to the Economic Development Agreement defines the Town’s and Developer’s financial contribution to construct drainage improvements on Dove Road to mitigate the flooding conditions that Dove Road currently experiences and improve the potential future drainage conditions created by the large (southern) lake. The rehabilitation of Dove Road is scheduled to begin in June 5th. The limits of construction begin at the concrete portion of Dove Road (constructed with FM 1938) east to Terra Bella Drive (eastern Town Limits). The repaving will include the reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5” asphalt surface. Stabilization will extend 1’ from edge of pavement, while maintaining the existing street width. The street reconstruction and drainage projects will be completed in two phases and require Dove Road to be closed during construction. The road closures will be coordinated with the drainage improvement construction work being performed by the Quail Hollow Developer as provided in the proposed Amendments to the Developer Agreement and Economic Development Agreement and the street reconstruction work being performed by Tarrant County as provided in the proposed ILA on the Regular Meeting Agenda. Phase 1 will close Dove Road on June 5th from FM 1938 to Randol Mill to all through traffic. (only local traffic will be allowed). The drainage improvement work take approximately 3 weeks to complete. Tarrant County will begin road reconstruction on June 19th. We anticipate this section of Dove Road opening on July 3rd. Phase 2 will close Dove Road (on July 3rd) from Randol Mill to Terra Bella to all through traffic (only local traffic will be allowed). This section needs to be closed to allow for some drainage work, removal of large trees impeding drainage, and more efficient reconstruction. We anticipate this section of Dove Road opening July 21st. Funding for this work will come from the Dove Road reconstruction Capital Project in the approved CIP. RECOMMENDATION Staff recommends approval of the First Amendment to the Quail Hollow Economic Development Agreement ATTACHMENTS Resolution with Attachment A – First Amendment to the Quail Hollow Economic Development Agreement Resolution 17-16 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-16 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE FIRST AMENDMENT TO THE ECONOMIC DEVELOPMENT AGREEMENT WITH QUAIL HOLLOW DEVELOPMENT II, LLC, RELATED TO THE QUAIL HOLLOW DEVELOPMENT IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code (“LGC”); and WHEREAS, the Town has an economic development policy adopted by Resolution 16- 30; and WHEREAS, the Economic Development Policy and the Tax Abatement Policy constitute appropriate guidelines and criteria governing economic development agreements to be entered into by the Town as contemplated by Chapter 378 and Chapter 380 of the LGC and Chapter 312 of the Tax Code, providing for the availability of economic incentives for new facilities and structures; and WHEREAS, the Town of Westlake Town Council previously approved Resolution 16- 35 on October 24, 2016 approving an Economic Development Agreement with Quail Hollow Development II, LLC (the Owner); and, WHEREAS, the Town of Westlake is experiencing planned growth through the attraction of economic development projects such as Fidelity Investments and Deloitte University, residential developments such as Vaquero, Glenwyck Farms, Terra Bella, and Granada, and Entrada which are consistent with the Town’s Comprehensive Plan, as well as enrollment growth at Westlake Academy, all of which contribute to demand for improvements to Westlake’s infrastructure and public buildings: and, WHEREAS, Quail Hollow Development II, LLC, as the owner of land located within the Town, is currently developing 188.28 acres (as defined herein), and the development and construction on such Land is expected to significantly enhance the economic base of the Town; and, WHEREAS, the Town of Westlake (Town) and the Owner desire amend the original Economic Development Program Agreement with the First Amendment to the Quail Hollow Economic Development Program Agreement, Attached as Exhibit “A” to continue this planned growth through the proposed First Amendment to the Economic Development Agreement, which sets out responsibilities for the Owner and the Town as it relates to the development in Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. Resolution 17-16 Page 2 of 2 NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the First Amendment to the Quail Hollow Developer Agreement attached hereto as Exhibit “A”, with the Owner; and further authorizes the Town Manager to execute said agreements and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH, 2017. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Resolution 17-16 Page 1 of 5 EXHIBIT A TO RESOLUTION NO. 17-16 FIRST AMENDMENT TO THE QUAIL HOLLOW ECONOMIC DEVELOPMENT PROGRAM AGREEMENT THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ESTABLISHED WITH THE ADOPTION OF RESOLUTION 16-35 AS ADOPTED BY THE WESTLAKE TOWN COUNCIL FOR THE QUAIL HOLLOW DEVELOPMENT is made and entered into this 27th day of March, 2017, by and between the Town of Westlake, Texas (the “Town”), and Quail Hollow Development II, LLC, a Texas limited liability company (the “Developer”). W I T N E S S E T H: The Quail Hollow Development (“Development”) is a residential project in Westlake and is currently being developed by Developer; and On October 24, 2016, the Town Council for the Town of Westlake adopted Resolution 16- 35 approving an Economic Development Agreement with Quail Hollow Development II, LLC, related to the Quail Hollow development which addressed various development issues for the Development, provided for the payment of certain fees, the timing of certain construction and the dedication of certain property, among others; and The Town and the Developer wish to amend the Development Agreement to provide for construction of certain off-site drainage improvements; and In consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant and agree as follows: 1. The Economic Development Program Agreement Adopted by Resolution 16- 35 Remains in Full Force and Effect. The Town and Developer acknowledge and agree that, except to the extent amended herein, all provisions and terms contained the Economic Development Program Agreement, including any other amendments or addenda to the Agreement besides this Amendment to the Economic Development Program Agreement, remain in full force and effect. 2. Specific Amendments Contained in this Amendment One (1) of One (1) to the Economic Development Program Agreement Adopted by Resolution 16-35 shall be amended as follows: ECONOMIC DEVELOPMENT PROGRAM AGREEMENT Section 5. TOWN’S AND OWNER’S OBLIGATIONS AND COMMITMENTS 5.2. Town of Westlake Specific Obligations- Program Resources Resolution 17-16 Page 2 of 5 The Town shall maintain, or cause to be maintained, the median irrigation and landscape maintenance and submit an invoice to the Developer and/or HOA for reimbursement; such costs will not include reimbursement for water. Provided that the Town will pay for the water to irrigate the FM 1938 median defined above, following the expiration of 90 days after the recording of the final plat for Phase 2A of the Development, the Developer and/or HOA shall be responsible for 50% of the costs to perpetually maintain all existing irrigation system and landscaping that exists within the median of FM 1938 from Dove Road to south property line of the Development. In consideration for the DEVELOPER’S construction of storm drain improvements on Dove Road in accordance with the attached construction plans approved by the Town of Westlake, Attachment “A”, Westlake shall pay the Developer an amount not to exceed ONE HUNDRED THOUSAND AND 00/100 DOLLARS ($100,000.00) or THIRTY-THREE PERCENT (33%) OF CONSTRUCITON COSTS, whichever is less, within thirty (30) days after completion and acceptance of the storm drain improvements by the Town of Westlake. 2. Binding Obligation. This Amendment to the Economic Development Program Agreement shall become a binding obligation of the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Amendment to the Economic Development Program Agreement on behalf of the Town has full authority to execute this Amendment and bind the Town to the same. Developer warrants and represents that the individual executing this Economic Development Program Agreement on its behalf has full authority to execute this Amendment and bind it to the same. 3. Authorization. The Town Council shall authorize the Town Manager of the Town to execute this Amendment to the Economic Development Program Agreement on behalf of the Town. 4. Severability. In the event any provision of this Amendment to the Economic Development Program Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Amendment to the Economic Development Program Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 5. Filing in Deed Records. This Amendment to the Economic Development Program Agreement shall be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the and Economic Development Program Agreement shall be deemed to run with the Property and shall be binding on heirs, successors and assigns of Developer. 6. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: Resolution 17-16 Page 3 of 5 To the Town: Attn: Thomas E. Brymer Town Manager 1301 Solana Blvd., Bldg. 4, Ste. 4202 Westlake, Texas 76262 FAX: 817.430.1812 With a copy to (which shall not constitute notice): Attn: L. Stanton Lowry Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 FAX: 972.650.7105 To the Developer: Quail Hollow Development II, LLC 935 W. Dove Road Southlake, TX 76092 Attn: Bryan Elliott With a copy to (which shall not constitute notice): Wick Phillips Gould & Martin, LLP 3131 McKinney Ave. Suite 100 Dallas, TX 75204 Attn: Bradley K. Mahanay 7. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original. [Signature Pages Follow] Resolution 17-16 Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of this the 27th MARCH 2017. ATTEST: TOWN OF WESTLAKE ____________________________ By: _________________________ Name: Kelly Edwards Name: Thomas E. Brymer Title: Town Secretary Title: Town Manager Date: _________________________ APPROVED AS TO FORM ___________________________ Name: L. Stanton Lowry Title: Town Attorney Resolution 17-16 Page 5 of 5 DEVELOPER SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Quail Hollow Development II, LLC By: Bryan Elliott Title: President Address: 935 W. Dove Rd Southlake, Texas 76092 STATE OF TEXAS COUNTY OF TARRANT On _____________________, before me, ___________________________, Notary Public, personally appeared Bryan Elliott, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ________________________________ WITNESS my hand and official seal. estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, March 27, 2017 TOPIC: Consider a Resolution amending Resolution 16-35, approving the First Amendment to the Developer Agreement with Quail Hollow Development II, LLC, and further authorizing the Town Manger to execute the agreement. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager 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: March 27, 2017 Completion Date: March 27, 2017 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Quail Hollow Developer Agreement was approved by Resolution 16-35 by Council at the October 24, 2016 Regular Council meeting. The proposed amendment to the Developer Agreement requires the developer to construct drainage improvements on Dove Road to mitigate the flooding conditions that Dove Road currently experiences and improve the potential future drainage conditions created by the large (southern) lake. The rehabilitation of Dove Road is scheduled to begin in June 5th. The limits of construction begin at the concrete portion of Dove Road (constructed with FM 1938) east to Terra Bella Drive (eastern Town Limits). The repaving will include the reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5” asphalt surface. Stabilization will extend 1’ from edge of pavement, while maintaining the existing street width. The street reconstruction and drainage projects will be completed in two phases and require Dove Road to be closed during construction. The road closures will be coordinated with the drainage improvement construction work being performed by the Quail Hollow Developer as provided in the proposed Amendments to the Developer Agreement and Economic Development Agreement and the street reconstruction work being performed by Tarrant County as provided in the proposed ILA on the Regular Meeting Agenda. Phase 1 will close Dove Road on June 5th from FM 1938 to Randol Mill to all through traffic. (only local traffic will be allowed). The drainage improvement work take approximately 3 weeks to complete. Tarrant County will begin road reconstruction on June 19th. We anticipate this section of Dove Road opening on July 3rd. Phase 2 will close Dove Road (on July 3rd) from Randol Mill to Terra Bella to all through traffic (only local traffic will be allowed). This section needs to be closed to allow for some drainage work, removal of large trees impeding drainage, and more efficient reconstruction. We anticipate this section of Dove Road opening July 21st. RECOMMENDATION Staff recommends approval of the First Amendment to the Quail Hollow Developer Agreement ATTACHMENTS Resolution with Attachment A – First Amendment to the Quail Hollow Developer Agreement Construction plans will be provided at the meeting. Resolution 17-17 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION 17-17 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING THE FIRST AMENDMENT TO THE DEVELOPER AGREEMENT WITH QUAIL HOLLOW DEVELOPMENT II, LLC, RELATED TO THE QUAIL HOLLOW DEVELOPMENT IN WESTLAKE, TEXAS. WHEREAS, the Town is a duly created and validly existing Type A General Law Municipality, created under the laws of the State of Texas, including particularly, but not by way of limitation, Chapter 51, Texas Local Government Code (“LGC”); and WHEREAS, the Town of Westlake Town Council previously approved Resolution 16- 35 on October 24, 2016 approving A Developer Agreement with Quail Hollow Development II, LLC (the Owner); and, WHEREAS, the Town of Westlake (Town) and Quail Hollow Development II, LLC (the Owner) desire to amend the original Developer Agreement with the First Amendment to the Quail Hollow Developer Agreement, Attached as Exhibit “A”, which set out responsibilities for the Owner and the Town as it relates to the development in Westlake; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the First Amendment to the Quail Hollow Developer Agreement attached hereto as Exhibit “A”, with the Owner; and further authorizes the Town Manager to execute said agreement and pursue any necessary procedures on behalf of the Town of Westlake. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provision ns hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 17-17 Page 2 of 2 PASSED AND APPROVED ON THIS 27th DAY OF MARCH, 2017. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ _____________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ Stan Lowry, Town Attorney Resolution 17-17 Page 1 of 5 EXHIBIT A TO RESOLUTION NO. 17-17 FIRST AMENDMENT TO THE QUAIL HOLLOW DEVELOPMENT AGREEMENT THIS AMENDMENT ONE (1) OF ONE (1) TO THE TOWN OF WESTLAKE DEVELOPER AGREEMENT ESTABLISHED WITH THE ADOPTION OF RESOLUTION 16-35 AS ADOPTED BY THE WESTLAKE TOWN COUNCIL FOR THE QUAIL HOLLOW DEVELOPMENT is made and entered into this 27th day of March, 2017, by and between the Town of Westlake, Texas (the “Town”), and Quail Hollow Development II, LLC, a Texas limited liability company (the “Developer”). W I T N E S S E T H: The Quail Hollow Development (“Development”) is a residential project in Westlake and is currently being developed by Developer; and On October 24, 2016, the Town Council for the Town of Westlake adopted Resolution 16- 35 approving a Development Agreement with Quail Hollow Development II, LLC, related to the Quail Hollow development which addressed various development issues for the Development, provided for the payment of certain fees, the timing of certain construction and the dedication of certain property, among others; and The Town and the Developer wish to amend the Development Agreement to provide for construction of certain off-site drainage improvements; and In consideration of the foregoing premises and for other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, the Town and Developer covenant and agree as follows: 1. The Developer Agreement Adopted by Resolution 16-35 Remains in Full Force and Effect. The Town and Developer acknowledge and agree that, except to the extent amended herein, all provisions and terms contained the Development Agreement, including any other amendments or addenda to the Development Agreement besides this Amendment to the Development Agreement, remain in full force and effect. 2. Specific Amendments Contained in this Amendment One (1) of One (1) to the Developer Agreement Adopted by Resolution 16-35 shall be amended as follows: DEVELOPER AGREEMENT SECTION 4. DEVELOPER’S OBLIGATION G. Developer will be required to install storm drain conduit and improvements on Dove Road in accordance with the attached construction plans, approved by the Town of Westlake, Attachment “A”. Developer will not be responsible for restoration of pavement surface at the drainage improvement location. Resolution 17-17 Page 2 of 5 2. Binding Obligation. This Amendment to the Development Agreement shall become a binding obligation of the signatories upon execution by all signatories hereto. The Town warrants and represents that the individual executing this Amendment to the Development Agreement on behalf of the Town has full authority to execute this Amendment and bind the Town to the same. Developer warrants and represents that the individual executing this Amendment to the Developer Agreement on its behalf has full authority to execute this Amendment and bind it to the same. 3. Authorization. The Town Council shall authorize the Town Manager of the Town to execute this Amendment to the Developer Agreement on behalf of the Town. 4. Severability. In the event any provision of this Amendment to the Developer Agreement shall be determined by any court of competent jurisdiction to be invalid or unenforceable, the Amendment to the Developer Agreement shall, to the extent reasonably possible, remain in force as to the balance of its provisions as if such invalid provision were not a part hereof. 5. Filing in Deed Records. This Amendment to the Developer Agreement shall be filed in the deed records of Tarrant County, Texas. The provisions of this Amendment to the Development Agreement shall be deemed to run with the Property and shall be binding on heirs, successors and assigns of Developer. 6. Notices. Any notices required or permitted to be given hereunder shall be given by certified or registered mail, return receipt requested, to the addresses set forth below or to such other single address as either party hereto shall notify the other: To the Town: Attn: Thomas E. Brymer Town Manager 1301 Solana Blvd., Bldg. 4, Ste.4202 Westlake, Texas 76262 FAX: 817.430.1812 With a copy to (which shall not constitute notice): Attn: L. Stanton Lowry Town Attorney Boyle & Lowry, L.L.P. 4201 Wingren, Suite 108 Irving, Texas 75062 FAX: 972.650.7105 Resolution 17-17 Page 3 of 5 To the Developer: Quail Hollow Development II, LLC 935 W. Dove Road Southlake, TX 76092 Attn: Bryan Elliott With a copy to (which shall not constitute notice): Wick Phillips Gould & Martin, LLP 3131 McKinney Ave. Suite 100 Dallas, TX 75204 Attn: Bradley K. Mahanay 7. Counterparts. This Amendment may be executed in counterparts, each of which shall be deemed an original. [Signature Pages Follow] Resolution 17-17 Page 4 of 5 IN WITNESS WHEREOF, the parties have executed this Agreement as of this the 27th MARCH 2017. ATTEST: TOWN OF WESTLAKE ____________________________ By: _________________________ Name: Kelly Edwards Name: Thomas E. Brymer Title: Town Secretary Title: Town Manager Date: _________________________ APPROVED AS TO FORM ___________________________ Name: L. Stanton Lowry Title: Town Attorney Resolution 17-17 Page 5 of 5 DEVELOPER SIGNED AND EFFECTIVE on the date last set forth below. DEVELOPER: Quail Hollow Development II, LLC By: Bryan Elliott Title: President Address: 935 W. Dove Rd Southlake, Texas 76092 STATE OF TEXAS COUNTY OF TARRANT On _____________________, before me, ___________________________, Notary Public, personally appeared Bryan Elliott, personally known to me (or proved to me on the basis of satisfactory evidence) to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his authorized capacity, and that by his signature on the instrument, the person, or the entity upon behalf of which the person acted, executed the instrument. ________________________________ WITNESS my hand and official seal. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, March 27, 2017 TOPIC: Consider a Resolution adopting the Fort Worth Impact Fee Ordinance. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 1, 2017 Completion Date: April 1, 2017 Funding Amount: N/A Status - Funded Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town’s wholesale water provider has recently made changes to their impact fees and calculation methodology required to be collected by all wholesale customers like Westlake. Impact fees are used by utility providers to help pay for capital projects that are driven by growth. State law limits the amount of the impact fee a utility can collect to 50% of the actual amount. The proposed Resolution adopts the Fort Worth Impact Fee Ordinance regarding new rates and methodology. The Town’s wholesale water contract requires adoption and implement of updated rates. The proposed amendment provides for an increase in the amount of impact fees and the method used Page 2 of 2 to determine the rate, that the City of Fort Worth will collect for any new connections to the wholesale customer’s system. The changes will increase impact fee charged to builders and property owners for new connections. RECOMMENDATION Staff recommends approval of the Resolution adopting the Fort Worth Impact Fee Ordinance. ATTACHMENTS Resolution with Attachment A – Fort Worth Impact Fee Ordinance Resolution 17-18 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 17-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AMNEDING THE WHOLESALE WATER CONTRACT WITH THE CITY OF FORT WORTH AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the Town Council find that the proposed wholesale water contract amendment is in conformance with the requirements set forth in the current wholesale contract; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the amendment to the Fort Worth wholesale contract, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 17-18 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 27th DAY OF MARCH, 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney ORDINANCE NO. ___________ AN ORDINANCE AMENDING CHAPTER 35, “WATER AND SEWERS”, OF THE CODE OF THE CITY OF FORT WORTH (2015) AS AMENDED, BY AMENDING ARTICLE III “CHARGES”, DIVISION 2 “WATER AND WASTEWATER IMPACT FEES”, EXHIBIT A, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(a); AMENDING EXHIBIT B, INCORPORATED BY REFERENCE INTO SECTION 35-70.2(b); AMENDING SCHEDULE 1, INCORPORATED BY REFERENCE INTO SECTIONS 35-70.3(a), 35-73(a) and 35-78(a); AMENDING SCHEDULE 2, INCORPORATED BY REFERENCE INTO SECTION 35-70.3(b), 35-73(b) and 35-78(b); AMENDING EXHIBIT C, INCORPORATED BY REFERENCE INTO SECTION 35-71(a); AMENDING EXHIBIT D, INCORPORATED BY REFERENCE INTO SECTION 35-72(a); AMENDING EXHIBIT E, INCORPORATED BY REFERENCE INTO SECTION 35-76(a); AMENDING EXHIBIT F, INCORPORATED BY REFERENCE INTO SECTION 35-77(a); MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL ORDINANCES AND PROVISIONS OF THE CODE OF THE CITY OF FORT WORTH IN CONFLICT HEREWITH; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 395.052(a) of Chapter 395 of the Texas Local Government Code requires the City to review and update its current Land Use Assumptions, Capital Improvements Plans and Impact Fees related to water and wastewater facilities at least every five (5) years; and WHEREAS, in January of 2016, the City began the process to amend the Land Use Assumptions, Capital Improvements Plans and Impact Fees in compliance with the statutory requirements of Chapter 395; and WHEREAS, the Capital Improvement Advisory Committee, established pursuant to Section 395.058 of Chapter 395, convened on April 14, June 8, July 7, August 15, September 14 and October 5, 2016 to discuss and review the Capital Improvement costs eligible to be included in the Impact Fee calculations, credit calculation methodology and ATTACHMENT A Westlake Res 17-18 to review and approve the Land Use Assumptions, Capital Improvements Plans and Maximum Assessable Impact Fees; and to make a recommendation on the Impact Fees the City Council should adopt for collection; and WHEREAS on October 12, 2016, the City made available to the public, copies of the proposed amended Land Use Assumptions and Capital Improvements Plans related to water and wastewater facilities and impact fees; and WHEREAS, as required by Section 395.050 of the Texas Local Government Code, the Capital Improvement Advisory Committee approved the Land Use Assumptions, Capital Improvements Plans and Maximum Assessable Water and Wastewater Impact Fees per service unit and submitted its written comments on the proposed amendments to the City Council on November 1, 2016; and WHEREAS, the Capital Improvement Advisory Committee recommends adoption of 40% of the Maximum Assessable per service unit established by the Land Use Assumptions and Capital Improvements Plans report which equates to $1,758 and $1,044, respectively, with an annual phase-in of $627 per equivalent unit over three (3) years to reach the 40%; and WHEREAS, as required by Section 395.054 of the Texas Local Government Code, the City Council conducted a public hearing to discuss the proposed amendments to the Land Use Assumptions, Capital Improvements Plans and Impact Fees on November 15, 2016, to be adopted by ordinance within thirty (30) days following the public hearing; and Westlake Res 17-18 WHEREAS, by the adoption of this ordinance, the City Council approves the amendments to the Land Use Assumptions and Capital Improvements Plans; and establishes the new Maximum Assessable Impact Fees and the schedule(s) of the amount of such Maximum Assessable Impact Fees to be collected upon issuance of a building permit. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS: SECTION 1. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-70.2(a), Exhibit A, “Land Use Assumptions for Water”, incorporated by reference, is hereby amended to be as shown on Exhibit A, attached hereto. SECTION 2. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-70.2(b), Exhibit B, “Land Use Assumptions for Wastewater”, incorporated by reference is hereby amended to be as shown on Exhibit B, attached hereto. SECTION 3. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Sections 35-70.3(a), 35-73(a) and 35-78(a) Schedule 1 incorporated by reference is hereby amended to establish the new Maximum Assessable Impact Fees for Water and Wastewater for all plats recorded on or after April 1, 2017 as shown on the amended Schedule 1 attached hereto. Westlake Res 17-18 SECTION 4. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Sections 35-70.3(b), 35-73(b) and 35-78(b) Schedule 2, incorporated by reference is hereby amended to show the discounted amount of the Maximum Assessable Impact Fees, established in Section 3, for all plats recorded on or after April 1, 2017 and, to be effective and collected at the time a building permit is issued by the schedules described and attached hereto:  Schedule 2A shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2017 but before April 1, 2018 and shall be titled “Collected Impact Fee for Water and Wastewater Schedule – Year 1”.  Schedule 2B shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2018 but before April 1, 2019, and shall be titled “Collected Impact Fee for Water and Wastewater Schedule – Year 2”.  Schedule 2C shall be the discounted amount of the Maximum Assessable Impact Fees to be effective and collected for all building permits issued on or after April 1, 2019 until the adoption of new Impact Fees by the City Council in compliance with Chapter 395 of the Texas Local Government Code, and shall be titled “Collected Impact Fee for Water and Wastewater Schedule –Year 3”. SECTION 5. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-71(a), Exhibit C, “Water Benefit Area”, incorporated by reference, is hereby amended to be as shown on Exhibit C, attached hereto. Westlake Res 17-18 SECTION 6. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-72(a), Exhibit D, “Water Capital Improvements Plan”, incorporated by reference, is hereby amended to be as shown on Exhibit D, attached hereto. SECTION 7. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-76(a), Exhibit E, “Wastewater Benefit Area”, incorporated by reference, is hereby amended to be as shown on Exhibit E, attached hereto. SECTION 8. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-77(a), Exhibit F, “Wastewater Capital Improvements Plan”, incorporated by reference, is hereby amended to be as shown on Exhibit F, attached hereto. SECTION 9. Part II of the Code of the City of Fort Worth, Texas (2015), as amended, Chapter 35 “Water and Sewers”, Article III “Charges”, Division 2 “Water and Wastewater Impact Fees”, Section 35-70.5(b)(1), “Computation and Collection of Impact Fee”, is hereby amended to be as follows: The amount of each Impact Fee due shall be determined by multiplying the number of service units generated by the new development by the Impact Fee due per service unit for the benefit area using the schedule then in effect. Westlake Res 17-18 SECTION 10. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (2015), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Code, in which event conflicting provisions of such ordinances and such Code are hereby repealed. SECTION 11. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, 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 and section of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 12. This ordinance shall be effective on April 1, 2017. APPROVED AS TO FORM AND LEGALITY: _________________________ Christa R. Lopez-Reynolds Mary Kayser, City Secretary Sr. Assistant City Attorney ADOPTED: __________________________________ Westlake Res 17-18 SCHEDULE 1 MAXIMUM ASSESSABLE IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE For all Plats Recorded on or after April 1, 2017 METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8” x 5/8” and 5/8” x 3/4” 1.00 $4,395 $2,609 3/4” x 3/4” 1.50 $6,593 $3,914 1” 2.50 $10,988 $6,523 1-1/2” 5.00 $21,975 $13,045 2” 8.00 $35,160 $20,872 3” 21.75 $95,591 $56,746 4” 37.50 $164,813 $97,838 6” 80.00 $351,600 $208,720 8” 140.00 $615,300 $365,260 10” 210.00 $922,950 $547,890 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Westlake Res 17-18 SCHEDULE 2A THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE – YEAR 1 Effective for all Building Permits issued on or after April 1, 2017, but before April 1, 2018 METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8” x 5/8” and 5/8” x 3/4” 1.00 $971 $577 3/4” x 3/4” 1.50 $1,457 $865 1” 2.50 $2,428 $1,442 1-1/2” 5.00 $4,857 $2,883 2” 8.00 $7,771 $4,613 3” 21.75 $21,127 $12,542 4” 37.50 $36,426 $21,624 6” 80.00 $77,709 $46,131 8” 140.00 $135,991 $80,729 10” 210.00 $203,987 $121,093 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Westlake Res 17-18 SCHEDULE 2B THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE – YEAR 2 Effective for all Building Permits issued on or after April 1, 2018, but before April 1, 2019 METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8” x 5/8” and 5/8” x 3/4” 1.00 $1,365 $810 3/4” x 3/4” 1.50 $2,047 $1,215 1” 2.50 $3,412 $2,025 1-1/2” 5.00 $6,824 $4,051 2” 8.00 $10,918 $6,482 3” 21.75 $29,685 $17,622 4” 37.50 $51,180 $30,382 6” 80.00 $109,185 $64,815 8” 140.00 $191,073 $113,427 10” 210.00 $286,610 $170,140 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Westlake Res 17-18 SCHEDULE 2C THE EFFECTIVE AND COLLECTED IMPACT FEE FOR WATER AND WASTEWATER SCHEDULE – YEAR 3 Effective for all Building Permits issued on or after April 1, 2019 METER SIZE EQUIVALENCY FACTOR WATER IMPACT FEE WASTEWATER IMPACT FEE 5/8” x 5/8” and 5/8” x 3/4” 1.00 $1,758 $1,044 3/4” x 3/4” 1.50 $2,637 $1,566 1” 2.50 $4,396 $2,609 1-1/2” 5.00 $8,791 $5,219 2” 8.00 $14,066 $8,350 3” 21.75 $38,242 $22,702 4” 37.50 $65,934 $39,141 6” 80.00 $140,660 $83,500 8” 140.00 $246,155 $146,125 10” 210.00 $369,233 $219,187 Referenced in Section 35-70.3(a), 35-73(a) and 35-78(a) Westlake Res 17-18 Page 1 of 3 estlake Town Council Meeting TYPE OF ACTION Regular Meeting - Action Item Monday, March 27, 2017 TOPIC: Discussion and consideration regarding amendments to Chapter 62 Planning, adding Article III, Implementation of the Comprehensive Plan. 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 Update Development Regulations Time Line - Start Date: February 13, 2017 Completion Date: TBD 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. Since the plan’s adoption, the plan consultant, Mesa Planning, was further contracted to complete additional implementation elements that seek to ensure adherence and accountability to the plan recommendations. Most recently, provisions adopting standards for the transfer of development intensity (TDI) as recommended by the Comprehensive Plan were approved by the Town Council on January 23, 2017 and added to Chapter 102 – Zoning in the Westlake Code of Ordinances. Staff proposes additional amendments (attached) to the Code of Ordinances providing formal consistency with the recommendations contained in the Comprehensive Plan. The purpose of the Page 2 of 3 proposed regulations is to establish uniformity with regard to the application of the 2015 Comprehensive Plan to development within Westlake and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: • interpretation of the Comprehensive Plan, • application of the Comprehensive Plan to development, and • key considerations relative to development and development impacts that must be evaluated. With this in mind, the primary goal of the requirements contained in the proposed ordinance is to require development within the Town to be consistent with the Comprehensive Plan. The Comprehensive Plan elements covered by the ordinance include: • Thoroughfares • Parks, Open Space and Trails • Town Design • Town Facilities • Stormwater Conservation Requirements for development consistency with the above elements would be triggered by certain specific actions on the part of the developer as follows: 1. Thoroughfares: a. Traffic Impact Analysis (TIA) required if: i. Existing PD use or density change is proposed; ii. TDI application is submitted; iii. New change of zoning or PD amendment is proposed b. New Roadway and/or Improvements to Existing Roadway required if: i. TDI application that includes and intensity bonus is submitted; ii. New development associated with change of zoning and plat submitted iii. Existing PD use or density change is proposed; iv. Building permits where applicable 2. Parks, Open Space and Trails, dedication/construction required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning/plat submitted c. Existing PD use or density change is proposed; 3. Town Design, compliance required if: a. New development associated with change of zoning and plat submitted b. Existing PD use or density change is proposed; c. Building permits where applicable Page 3 of 3 Town Facilities, dedication/construction required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted c. Existing PD use or density change is proposed; 4. Stormwater Conservation, compliance required if: a. TDI application that includes and intensity bonus is submitted; b. New development associated with change of zoning and plat submitted Further details are provided in the attached ordinance draft. As with any PD zoning change or amendment, more context specific conditions relative to each individual action by the Council may be approved where the literal enforcement of this ordinance would be deemed unnecessary, inappropriate, etc. This item was presented to the Planning and Zoning Commission and the Town Council workshops on February 13th and 23rd respectively. The attached ordinance draft contains the final proposed codification details. Staff proposes placing the regulations in Chapter 62 – Planning (attached) in the Code of Ordinances. Chapter 62 contains the codification language adopting the Comprehensive Plan. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission recommended approval of this item on March 20, 2017. RECOMMENDATION Staff recommends approval. ATTACHMENTS 1. Proposed Policies Ordinance. 2. Mesa Planning Town Council Presentation – February 27, 2017 3. Section 62 Planning – Westlake Code of Ordinances Ordinance 820 Page 1 of 17 TOWN OF WESTLAKE ORDINANCE NO. 820 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 62, PLANNING ADDING ARTICLE III, IMPLEMENTATION OF THE COMPREHENSIVE PLAN; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake is a general law Town; and WHEREAS, on March 2, 2015, the Town Council adopted a Comprehensive Plan (the Forging Westlake 2015 Comprehensive Plan); and WHEREAS, the Forging Westlake 2015 Comprehensive Plan includes an Implementation Plan Element that was not adopted in 2015; and WHEREAS, the Implementation Element specifies policies, standards, and procedures related to the review and approval of zoning requests, development proposals, development plans, and construction permit plans; and WHEREAS, the rapid pace of incoming development that the Town is now experiencing makes it necessary to clearly state these policies and how they will be applied to Town growth going forward; and WHEREAS, the need to manage growth for the health and wellbeing of the citizens of Westlake makes adoption of the policies, standards, and procedures stated in the Forging Westlake 2015 Comprehensive Plan Implementation Plan Element important at this stage of Town development; and WHEREAS, the economic development and general planning of the Town will be furthered by establishment of these policies, standards, and procedures; and WHEREAS, upon recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the town and its citizens that this amendment to the Town’s Code of Ordinances should be approved and adopted; and WHEREAS, the Council believes it is in the interests of the Town, present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance’ which the Council has determined to be consistent with the Forging Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; and Ordinance 820 Page 2 of 17 WHEREAS, upon the recommendation of the Planning Department for example, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT OREDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 62, be amending by adding Article III, Comprehensive Plan Implementation, Sections 62.50 through 62-57 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows. Sec. 62-50 PURPOSE The purpose of this ordinance is to establish uniformity with regard to the application of the Forging Westlake 2015 Comprehensive Plan to development within Westlake and the considerations that will be taken into account during review. Establishing these policies assures consistency in decision information brought before Council and clarifies: a. interpretation of the Comprehensive Plan, b. application of the Comprehensive Plan to development, and c. key considerations relative to development and development impacts that must be evaluated. Sec. 62.-51 DEFINITIONS “Regulatory Policy Status” shall mean the intended effect of policy application. It is a statement of the intended outcome relative the vision of the Comprehensive Plan. “Application Trigger Points” shall mean the thresholds of development magnitude. Development impact, or change in the natural and/or physical fabric of Westlake affected by development that necessitates application of the policy. “Consideration Requirements” shall mean required analytical data, and/or required relationship/ impact assessment, and/or required submittal information that shall accompany a request for zoning or submitted Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request, or permit plan set as specified herein. “Level of Service” (LOS) shall mean a quantitative measure of roadway operational efficiency offered and/or maintained within the Town thoroughfare system, using prescribed standards and determined by prescribed methodologies. “Level of Service D or lower” shall mean levels of service exceeding the operational thresholds for LOS D, LOS E, or LOS F. “Transfer of Development Intensity” shall mean the Westlake Transfer of Development Intensity program that allows the Town to approve the exportation of non-residential square footage and/or residential units from one area (called a Sending District) to and importation of Ordinance 820 Page 3 of 17 said square footage and/or units to another area (called a Receiving District). Sec. 62-52 APPLICABILITY The requirements and policies of this ordinance are applicable to any zoning (as defined herein), PD Concept Plan, PD Development Plan, Site Plan required by any PD or Categorical Zone, Permit Plans, and/or any request/ application for a Transfer of Development Intensity as such Sections of this ordinance is are associated with one of the above listed activities/ plan types in the matrix below. Where the matrix is blank relative to a Section, such section is not applicable. Further, “Zoning” which triggers application of this ordinance in accordance with this Section is limited a request for change in land use or development density through rezoning or modification of an existing Planned Development Ordinance or Categorical Zone. Modifications of an existing Planned Development ordinance or categorical zone that does not change land use or development density as permitted by the current zoning is considered a “convenience modification” and does not trigger the requirements of this ordinance. However, to the extent that revision of an existing Concept Plan or Development Plan that has become part of the zoning by previous approval of Council modifies any commitments of the property owner to open space, roadways, facilities, water features, waterways shall then trigger compliance with the submittal requirement of this ordinance that are applicable in the opinion of the Town. Ordinance 820 Page 4 of 17 Sec. 62-53 THOROUGHFARES Any zoning requests, PD or other required Concept Plan, PD or other required Development Plan, PD or other required Site Plan, and/or Transfer of Development Intensity that requests a bonus (as specified in Section 4) shall establish the extent to which the development proposed shall implement the Thoroughfare Plan and/or mitigate the development’s impacts on the Thoroughfare system available to serve it, as follows: 1. The Regulatory/ Policy Status of the Thoroughfare Plan. The Thoroughfare Plan as presented in the Forging Westlake 2015 Comprehensive Plan is a guiding document for matters related to the growth and development of the Town. It identifies connections (arrow heads) and linkages (dotted or solid lines) needed to accommodate traffic potentially generated by the total entitlements that have been approved by the Town of Westlake as of 2015. The final alignment design of any connection indicated in the Plan is subject to further engineer alignment studies and the manner in which the recommended connections can be Ordinance 820 Page 5 of 17 accomplished within any proposed development approved by the Town as part of any zoning, concept plan, development plan, site plan, and/or Development Intensity Transfer that requests a bonus (as specified in Section 4), as no development within the Town of Westlake can create traffic conditions wherein the Level of Service (LOS) at intersections serving the subject development, and/or roadways serving the subject property, is lower than LOS “D” or where the traffic volumes on roadways leading to the development (not including Highway 114) exceed the street capacity thresholds specified below. To determine whether a development will contribute to the advent of such conditions and to determine the impact of such development on the transportation system, any application for zoning, concept plan, development plan, site plan, or Development Intensity Transfer must prepare a Traffic Impact Analysis (TIA) (in accordance with Applicability Section 4) which reveals the traffic impacts of a development on roadways and intersections, serving that development, in the context of other regional and local growth factors as specified below. Where the TIA indicates that unacceptable levels of service will exist or where street threshold capacities are exceeded and the proposed development contributes to that condition, the Town may require the submitting/ requesting party to present on-site and/or off site roadway/ intersections improvements that will maintain an LOS of “D” or better within that portion of the thoroughfare system serving the development and/or maintain traffic flows within subject roadways at or below the threshold capacities specified below and further development of the Town’s coherent Thoroughfare Plan. Proposed roadway/ intersection improvements made by the submitting/ requesting party as a result of the required TIA (discussed below) are subject to Town approval. Where such improvements are necessary to mitigate conditions exceeding LOS “D” or threshold capacities, such improvements are required to be completed in conjunction with the proposed development unless otherwise approved by the Town Council whether such improvements are paid for by the development, prorated to the development, or publicly funded. It is the intent of the Comprehensive Plan and this ordinance which implements the Comprehensive Plan that the total thoroughfare system of the Town of Westlake be accomplished with 4-four lane divided roadways whose visual character as a Regional Arterial, a Town Arterial, or a Pastoral Collector is determined by compliance with the recommendations of the Town Design Structure Plan of the Forging Westlake 2015 Comprehensive Plan. If roadways wider than 4-four lane divided roadways are proposed by any submitting/ requesting party, the reconciliation of such a proposal with the visual character of Westlake and with the smaller roadways (located in adjacent townships) serving Westlake must be considered and addressed in a manner that is satisfactory to the Council. Additionally, the submitting/requesting party must demonstrate, through its TIA, that a roadway in excess of four travel lanes will better address traffic impacts in Westlake than a more robust network of smaller roads. Where the introduction of roadways wider than 4-four lane divided roadways is approved, the Comprehensive Plan Thoroughfare Plan must be revised to reflect that component of the total street system. 2. Application Trigger Points. The following street capacity and intersection thresholds shall mean that any traffic volumes exceeding these thresholds will be considered unacceptable to the Town. Should the TIA demonstrate that thresholds will be exceeded as a result of a proposed development, then the TIA must recommend roadway improvements on and/or off-site which are necessary to maintain adequate LOS and street-traffic-volumes prescribed below. The key thresholds are: Ordinance 820 Page 6 of 17 A. Roadways: Road improvements as portrayed by the Thoroughfare Plan shall be implemented as needed to maintain minimum acceptable efficiency within the Town Thoroughfare System. An LOS of D or better is defined using the following thresholds or as calculated using methods prescribed in the Highway Capacity Manual (HCM) and other national standards (the Town reserves the right to deem methods to be professionally accepted): i. 2 Lane Street: 12,000 ADT ii. 3 Lane Street: 17,000 ADT iii. 4 Lane Undivided Street: 24,000 ADT iv. 4 Lane Divided Street: 32,000 ADT v. 6 Lane Divided: 55,000 ADT B. Intersections: Road and intersection improvements (including those portrayed by the Thoroughfare Plan) shall be implemented as needed to maintain an intersection Level of Service “D” or better as calculated using methods prescribed in the Highway Capacity manual (HCM) and other national standards (the Town reserves the right to deem methods to be professionally accepted). If the LOS D threshold has been exceeded or such condition is imminent for any local road segment or intersection, the Town reserves the right to identify the necessary improvements. Necessary improvements could include lane additions or other improvements to the failing segment and/or intersection, or improvements to adjacent segments and/ or intersections that will have the effect of improving LOS on the failing segment and/or intersection or providing needed travel alternatives to failing conditions. Improvements will be consistent with the adopted Thoroughfare Plan. 3. Plan Review/ Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity that requests a bonus (as specified in Section 4) must address (thorough analysis or design) if required by the Town: A. Any zoning request, concept plan submittal, development plan submittal, site plan submittal, or request for Transfer of Development Intensity that requests a bonus (as specified in Section 4) shall be accompanied by a thorough Traffic Impact Analysis (TIA) that projects traffic volumes and corresponding levels of service (LOS) on road segments and intersections serving the development (including the service roads of Highway 114 and 170 and Highway 114 and 170 overpasses) when other planned, zoned, and/or approved development(s) served by those streets are considered. The TIA must also factor in background traffic, including regional traffic flows to the extent that such flows are manifest on the streets of Westlake and Highway 114/ Highway 170 Service Roads and overpasses. More specifically, the required TIA must employ the following: i. A TIA that uses an Employment Demand Model which must apply the following employment densities: Ordinance 820 Page 7 of 17 Service Employment: 1 employee/ 260 square feet Retail Employment: 1 employee/ 700 square feet Basic Employment: 1 employee/ 750 square feet ii. Rates published in the most recent edition of ITE Trip Generation must be used for TIA’s using the manual estimates of trip generation. iii. A TIA submitted to determine attainment of threshold ADT or LOS shall: a. Factor in future traffic volumes on all roadways entering Westlake from Keller, Southlake, Trophy Club, Roanoke, and Alliance. Such future volumes shall fully consider current traffic counts and the growth thereof to planning year 2035, otherwise known as “background traffic” using the Regional Travel Demand Model or other accepted methodology. b. State the extent to which development within the subject site and/ or Planned Development District in which the site is located will build out relative to entitlement. If the TIA does not consider full use of entitlement, then the submitting party shall state which measures will be put in place to assure that the level of development presented will be the highest level of development for this property and/ or Planned Development. c. Factor in full use of entitlement on other properties and Planned Developments within Westlake. d. Factor in full use of entitlements on properties abutting Westlake. e. Factor in projected regional flows on roadways within the area of analysis which shall include Traffic Analysis Zones in which Westlake, Southlake, Keller, Trophy Club, Roanoke, and Alliance are located. f. Respond to any road segments or intersections that exceed a Level of Service D. Where LOS D is exceeded as a result of regional flows, such road segments and/or intersections shall be considered as exceeding thresholds established by this Ordinance. B. If the TIA described above reveals that threshold level of service (LOS) on a road segment and/or intersection Roadway Level of Service (“trigger Points” described above) have been attained, the TIA must also identify those components of the Thoroughfare Plan and/or other roadway improvements deemed necessary to bring the road segment and/or intersection LOS into compliance with the requirements of the Town. C. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. Sec. 62-54 PARKS, OPEN SPACE AND TRAILS Any PD or other required Concept Plan, or PD or other required Development Plan, or Transfer of Development Intensity requests which requests a bonus shall establish the extent to which the development proposed shall implement the Parks, Open Space, and Trails Plan and/or mitigate the development’s impacts on the Town’s ability to implement that Plan over time, as follows: Ordinance 820 Page 8 of 17 1. The Regulatory/ Policy Status of the Parks, Open Space and Trails Plan. The Parks, Open Space and Trails Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies recommended public and/ or private landscapes, open areas, landforms, waterways and key linkages between these open areas and natural features that guide creation of a central open space corridor within the Town that preserves and protects portions of the natural break between uplands and lowlands (the ecotone) that are not generally protected by low FAR or low density development or development within a view corridor or view shed zone. This connected and unbuilt landscape is the characteristic view that will remain a visual legacy of Westlake’s pastoral/ ranch history as the Town develops commercially at a potentially urban level of intensity. The open space area is meant to particularly protect and define the residential portions of the Town from its commercial portions and in so doing reconcile the difference in scale and density they each present as well as protect the residential values from commercial encroachment. The Parks, Open Space and Trails Plan also identifies the type and general location of public recreational facilities necessary to serve the recreational needs of the Town’s future build-out population as well as trail types that collectively constitute a legible and Town-wide network of pedestrian connections linking points of trip origin to important trip destinations within Westlake (including recreation, work, and shopping). Finally, the Trails Plan identifies the types of trail marker, trail head, trail hub that signals movement from one trail type to another within the system. The location of recreation facility type (such as a community park or neighborhood park) within the service areas shown on the Parks, Open Space and Trails Plan are general indications of location only. Final location shall be determined as development of the Town progresses and facility sites are acquired by purchase, donation, dedication, easement, or other agreement which secures public use and access. Recreation Facility locations may vary from the general locations shown in the Parks, Open Space and Trails Plan provided that the Service Areas around facility types so located will yield a generally uniform level of public access across the residential portions of Westlake (avoid one area being overserved and another area being underserved by comparison). When the recreation facility sites are acquired by any of the above listed methods, the Town may determine that the resulting constellation of service areas provides a reasonably balanced level of service for that facility type across the Town’s residential areas. If the resulting pattern of service areas cannot be so distributed and alternate locations are not likely, it is more important to have the facility availability within the Town and a less balanced distribution of service areas may result. The provisions of this Parks, Open Space and Trails Plan are not a part of any Planned Development or zoning entitlement at the time of adopting the Comprehensive Plan. Therefore, any consideration of zoning request, Concept Plan, Development Plan, Site Plan or Transfer of Development Intensity request shall seek to include the Comprehensive Plan’s Open Space configuration as part of such consideration. 2. Application Trigger Points. Ordinance 820 Page 9 of 17 Implementation of the Parks, Open Space and Trails Plan shall be advanced when any, or any combination of, the following are part of a zoning request, Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request or other development request submitted for approval by the Town: A. Location of a landmark landform as indicated on the Parks and Open Space Plan. B. Location of a waterway, creek, water body, wetland, or flood zone. C. Location of an opportunity to place a recreational facility so that a balanced distribution of facility service areas across the residential portions of Westlake will result. D. Location of a historic or culturally significant landscape or a landscape that is essentially important to complete preservation of the Town’s natural mosaic. E. Connection between current or intended open space areas. 3. Plan Review/ Submittal Requirements The following are standards and points of consideration that the Town may consider and which any Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request must address (thorough analysis or design) if required by the Town: A. Any zoning request, Concept Plan, Development Plan, Site Plan, Transfer of Development Intensity request or other development request, shall indicate any portion of the subject land area that coincides, or closely coincides, with areas shown as open space in the Forging Westlake 2015 Comprehensive Plan (hereinafter known as the Open Space Envelope). B. When a Concept Plan, Development Plan, or Transfer of Development Intensity request or other development request demonstrates that any part of the subject property coincides, or closely coincides with any portion of the Open Space Envelope or an Area of Sensitivity, the Town may evaluate the site plan to determine the following: i. Is the Open Space Envelope or any portion thereof proposed for development? ii. Are there alternative Open Space Envelope configurations that will accomplish the intent of the Comprehensive Plan on, or off, the subject property? iii. Are any Landmark Landforms, waterways, water bodies, other special natural features, or an Area of Sensitivity present in this portion of the Open Space Envelope? iv. Does a balanced arrangement of any recommended “Park Type” Service Areas suggest that this open space location is best suited for location of a park? v. Is any part of the subject property located within the 100 year flood plain after consideration of future, upstream development and is that flood plain part of the recommended Open Space Envelope? vi. Is there a conflict between the Parks, Open Space and Trails Plan recommendation and the submitted plan that will prevent implementation of the plan through alternate configurations in the future? vii. Can the Parks, Open Space, and Trails Plan be further implemented by any Ordinance 820 Page 10 of 17 of the following: a. Any public open space acquired through the TDI Incentive or other means shall be secured by easement, or dedication or transfer of ownership to the Town and the public shall have rights of access to the open space. Further, any open space so acquired may be used to develop public park facilities as shown on the Parks, Open Space and Trails Plan. b. Any right-of-way attained by easement or dedication shall include sufficient width to construct Town or Regional Trails as shown on the Trails Plan. c. Property boundary fences along any commercial property containing public or private open space and a roadway or trail (identified on the Thoroughfare Plan or Trails Plan) are encouraged to be open fences wherever possible (such as an agricultural fence or open wrought iron fence) which allows the visible ground plane to continue from road/trail to open space without visual discontinuity created by visual disruptions (such as opaque fences). Property boundary walls are strongly discouraged in such locations. d. Where the open space is secured through TDI Incentive or other means and contains a Landmark Landform, distinctive vegetative community, or water way/ water body, the Town shall make every effort to also secure public access and right to build trails for public use. Sec. 62-55 TOWN DESIGN Any PD or other required Development Plan, PD or other required Site Plan, Permit Set, or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Design Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Town Design Plan over time, as follows: 1. The Regulatory/ Policy Status of the Town Design Structure Plan. The Town Design Structure Plan as presented in the Forging Westlake 2015 Comprehensive Plan identifies the form, pattern, and sequence of streetscape, public art, trail heads/ markers, public/ private premise signs, street/ way-finding signs, intersection treatment, and public gathering spaces which define the constellation of visual experiences that work together to create a legible Town identity. The Plan contains symbols, indicating the location of urban design elements. The placement of symbols on the Town Design Structure Plan are meant to establish relationship between, and sequence of, elements, not the exact location of such elements and therefore, the plan is meant to guide Town consideration of Zoning requests, Concept Plans, Development Plans, Site Plans, and/or Transfer of Development Intensity requests. The final placement/ arrangement of urban design elements will be determined as land use development proceeds. Development Plans, Site Plans, Permit Plan, and/or Transfer of Development Intensity that requests a bonus, submitted for Town approval reveal how the identified urban design elements are implemented within a proposed POLICY development and/or project design. The intent of the Town Design Structure Plan is that the visual character of the Town as experienced within the public domain/ public use spaces (such as roadways and plazas) is brought Ordinance 820 Page 11 of 17 together by visual characteristics that promote visual continuity and a uniformly high aesthetic standard. All improvements that constitute the public domain shall implement the surface material, plant material, planting configuration, street standard and fixture type, landmark creation, general forms, and patterns identified in the Town Design Structure Plan for any urban design element associated with the street type, street relationship to another street, public space, trail, trail relationship to another trail, trail head/ marker, or proposed premise sign location that is manifest in a development site plan or other development request submitted to the Town for approval. The overarching image of the Town as promoted by the Town Design Structure Plan is a pastoral, campus, estate community in conjunction with more urbanized development patterns in the areas designated as Receiving Districts in Westlake’s Transfer of Development Intensity Ordinance (TDI Ordinance). This is generally accomplished by promoting a Townscape that is not overly subdivided by opaque walls but rather permits visual access to an uninterrupted ground plane which provides both the foreground and terminus of views and vistas deemed essential to Westlake by its citizens. Therefore, development that contributes to important view and vista zones (identified in the Land Use Plan) is also part of the Townscape and should complement the characteristics of the Townscape however possible and reasonable. 2. Application Trigger Points. Implementation of the Town Design Structure Plan is advanced when any, or any combination of, the following is part of a development site plan or other development requests submitted for Town approval: A. When any street that is a Regional Arterial, Town Arterial, or Pastoral Collector or intersections thereof (as generally shown in the Thoroughfare Plan) is built by public or private parties. B. When an existing street that can be classified as a Regional Arterial, Town Arterial, or Pastoral Collector or intersections thereof (as generally shown in the Thoroughfare Plan) is improved or upgraded. C. When private development landscape areas abut, or otherwise visually extend the streetscape (such as roadway setback or buffers). D. When a site plan implements any portion of the Parks, Open Space or Trails Plan as discussed above in Sec. 62-53 When a premise sign is located within 30 feet of a road right-of-way. E. When a space within a proposed project is intended to be a public gathering space. F. When any area of a proposed project includes or abuts the location of a portal monument (as shown on the Town Design Structure Plan) 3. Plan Review/ Submission Requirement The following are standards and points of consideration that the Town may consider and which any Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus must address (thorough analysis or design) if required by the Town: A. Any Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus, shall indicate any portion of the subject land area that coincides, or closely coincides, with streetscapes, monument locations, or features shown in the Forging Westlake 2015 Comprehensive Plan’s Town Design Structure Ordinance XXX Page 12 of 17 Plan (hereinafter known as the Urban Form Element). B. When a Development Plan, Site Plan, Permit Plan, and/or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides, or closely coincides with any portion of the Urban Form Element, the Town shall evaluate the site plan to determine the following: i. Is the Urban Form Element or any portion thereof proposed for implementation within the development proposal? ii. Are there alternative locations or configurations of the Urban Form Element that will accomplish the intent of the Comprehensive Plan on-or-off, the subject property? iii. Are any major portals or points of confluence (vehicular or pedestrian), associated with the project plan or the location of the project within the total vehicular/ pedestrian/ open space system of Westlake (as portrayed by the Comprehensive Plan)? iv. Is the presented elevation view of proposed right-of-way/ trail improvements consistent with the palettes, thematic samples, and design themes of the Town Design Structure Plan? v. In the event that there is a conflict between the Town Design Structure Plan recommendations and the submitted plan, the Town shall give instruction regarding modifications of the submittal that will make it acceptable. Sec. 62-56 TOWN FACILITIES Any PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus shall establish the extent to which the development proposed shall implement the Town Facilities Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Town Facilities Plan over time, as follows: 1. The Regulatory/ Policy Status of the Facilities and Town Hall Plan. The Facilities and Town Hall Plan as presented in the Forging Westlake 2015Comprehensive Plan identifies Emergency Service, Service Areas (within which a 5-10-minute response time is possible only if the street LOS of streets accessing service calls remains at D or better) and Town Hall locations (that position the Town Hall to be more tangibly engaged with the daily activities and experiences of Westlake’s citizens and daytime population). The location of emergency facilities within the response time zones shown on the Facilities and Town Hall Plan shall be determined as development of the Town progresses and sites are selected/ acquired through the development process. Emergency facilities locations may vary from the general locations identified in the Facilities and Town Hall Plan provided that the coverage of the response time window is substantially consistent with that shown in the Plan. The future location of the Town Hall may vary from the general locations shown in the Facilities and Town Hall Plan provided that the Town Hall is positioned along the Town Arterial System, or placed where significant use by, and/or, gathering of, the citizens of Westlake may take place. 2. Application Trigger Points. Implementation of the Facilities and Town Hall Plan shall be advanced when any, or any Ordinance XXX Page 13 of 17 combination of, the following is part of a development site plan or other development requests submitted for Town approval: A. The subject site is located within the central portions of Emergency Service, Service Areas as shown on the Comprehensive Plan’s Facilities and Town Hall Plan. B. When a required response time window analysis, submitted for Town review as part of a Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request demonstrates that the target 5-10 minute response times cannot be attained. C. When private development increases the Town population (residents) or increases the “residential equivalent” (as defined in the Facilities and Town Hall Plan) of commercial square footage to a point where the equipment capability or emergency services manpower of the Town falls below national standards (number of police or firemen per 1,000 population…figured to include the residential population and the population equivalent for commercial uses). D. When a Zoning Request, Concept Plan, Development Plan, Site Plan, and/or Transfer of Development Intensity request implements or proposes to implement any portion of the Facilities and Town Hall Plan. E. When a significant commercial project proposal does not include private security measures and personnel as part of the project program. F. When the available supply of potential sites, within the proximity of the emergency service areas, as portrayed in the Facilities and Town Hall Plan, are limited to four options or less. 3. Plan Review/ Development Request Processing. The following are standards and points of consideration that the Town may consider and which any PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus must address (thorough analysis or design) if required by the Town: A. Any PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus, shall provide an emergency service impact analysis which include the following: i. The current Westlake level of emergency service personnel (police and firemen) per 1,000 population, including application of the population equivalency which converts commercial square footage into a residential population demand equivalent. ii. The additional emergency service personnel required to maintain national emergency service standards resulting from population (or population equivalency) increases generated by this development proposal. iii. Fire protection and/or security measures proposed with the request. iv. Compliance with emergency service infrastructure requirement within the proposed site plan design. v. A Response Time Window analysis to establish the extent to which a 5- minute response time remains attainable when considering the level of roadway connection and other necessary emergency infrastructure available Ordinance XXX Page 14 of 17 upon completion of the proposed project. B. When a PD or other required Development Plan, PD or other required Site Plan, Preliminary site evaluation or Transfer of Development Intensity that requests a bonus demonstrates that any part pf the subject property coincides, or closely coincides with the recommended location of any emergency facility or Town Hall, the Town shall evaluate the site plan to determine the following: i. Is the Facilities and Town Hall Plan, or any portion thereof, proposed for implementation within the development proposal? ii. Are there alternative locations for emergency service facilities or Town Hall that will accomplish the intent of the Comprehensive Plan on-or-off, the subject property? iii. Are there any reasons why placement of an emergency facility or Town Hall at this location is more important to the public health, safety, and welfare than location on another neighboring, undeveloped site? C. The Town will make every effort to locate emergency service facilities so that the 5- minute response time capability goal is attainable as the Town develops. Measures taken by the Town to accomplish this policy can include: i. Contracting with third party service providers (such as neighboring Towns) until road connections and require infrastructure or facility sites are available. ii. Location of temporary facilities, under agreement with property owners which permits temporary location. iii. Requirement of stricter fire suppression and/or security measures within residential and/or commercial development that will allow extension of the emergency service window. D. The Town will evaluate its subdivision and fire code provisions periodically to assure that development standards continue to meet the needs of current service equipment. Such evaluations will take place at least every 5 years and be conducted by the Town’s Fire Marshall or Fire Chief or a consultant qualified to make such evaluations. Sec. 62-57 STORM WATER CONSERVATION Any PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4) shall establish the extent to which the development proposed shall implement the Storm Water Conservation Plan and/or mitigate the development’s impacts on the Town’s ability to implement the Storm Water Conservation plan over time, as follows: 1. The Regulatory/ Policy Status of the Storm Water and Water Conservation Plan. The Storm Water and Water Conservation Plan presented in the Forging Westlake 2015 Comprehensive Plan shall guide design and organizational initiatives intended to improve water quality and promote water conservation. The Town establishes that development going forward should take every reasonable measure to improve water quality and conserve water usage. This is both a design and a management issue (public and private). Therefore, the Town will seek to initiate measures as well as promote better project design aimed at less water use and/or providing natural filtration/infiltration/pattern for storm water flows. Ordinance XXX Page 15 of 17 2. Application Trigger Points. Implementation of the Storm Water and Water Conservation Plan Element of the Forging Westlake 2015 Comprehensive Plan is advanced when any, or a combination of, the following is part of a zoning request, concept plan, development plan, site plan, Transfer of Development Intensity, subdivision or construction site plan submitted for Town consideration: A. Drainage plans for any residential development/ zoning/ platting which makes broad use of surface water management. B. The Town considers drainage plans for any non-residential development/ zoning/ platting which makes broad use of surface water management. C. When any portion of the Thoroughfare Plan is being implemented (filtration and bio- swale measures shall be considered where appropriate). D. Any improvement to development adjacent to a waterway and/or water body shall preserve and enhance the features of the natural waterway as well as bed and bank and characteristics, unless a reconfiguration is approved by the Town. E. Any improvement, restoration, renovation of a waterway and/ or water body. F. The creation of any water amenity as a development/project feature. G. The construction of stock or private ponds. H. The construction of any water detention or retention facility. I. The preservation of any plant communities. J. The Town considers any public or private extension of the Open Space Envelope along natural waterways or as a means to preserve natural run-off patterns. K. 3. Plan Review/ Submittal Requirements. The following are standards and points of consideration that the Town may consider and which any PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4) must address (thorough analysis or design) when required by the Town: Any a PD or other Concept Plan, PD or other Development Plan, PD or other Site Plan, and /or Transfer of Development Intensity that requests a bonus (in accordance with Section 4)submitted for Town consideration shall include: A. Description of measures which will enhance water quality and promote water conservation. These measures include a periodic system water audit and water loss audit, management of water usage, other best management practices, and preservation of storm water water quality. B. Indication of any portion of the subject land area that coincides with a waterway, major drainage way, water body, open space, a View Corridor Zone (hereinafter known as a Water Way Association). C. Plan of existing drainage as well as proposed drainage and shall identify any water conservation and surface water flow management techniques/devices/ practices being employed in the proposal. D. When a zoning request, concept plan, development plan, site plan, Transfer of Development Intensity, subdivision or construction site plan demonstrates that any part of the subject property coincides, or closely coincides with any portion of a Water Way Association, the Town shall evaluate the submittal to determine the following: Ordinance XXX Page 16 of 17 i. Is the Water Way Association or any part of it within the development proposal? ii. Are there alternate locations or configurations of the Water Association that will accomplish the intent of the Storm Water and Water Conservation Plan? iii. Are there opportunities for design measures that facilitate water infiltration, filtration such as bioswales, green parking lot features, rain gardens, deep root native grass areas (that promote infiltration), infiltration trenches, permeable pavement, and rain barrels and/ or cisterns? iv. Are there opportunities for land set asides which facilitate water quality and control water run-off such as riparian buffers, and/or creation of/ preservation of wetlands? v. Are there opportunities for installation of water control measures such as inlet protection devices and storm water detention facilities? vi. Are there opportunities to increase the surface water storage through storm water retention facilities? vii. Are there opportunities to preserve natural water flows through elimination of curb and gutter? Secs. 62-58 – 62-68 Reserved SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance XXX Page 17 of 17 SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27th DAY OF MARCH 2017. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Town Council Work Session Comprehensive Plan Policies Implementation Ordinance Town Council Work Session –Feb. 27, 2017 Policies = Implementation One of six implementation initiatives Town Council Work Session –Feb. 27, 2017 Why This Ordinance, NOW: 1.Uniformity:Application over Town and change in political/ administrative leadership 2.Equity: In distribution of burden 3.Clarity: Of what must be considered 4.Defensibility: Assure consistent, not capricious 5.Protection: Of value and Quality of Life 6.Implementation: Of the Comp Plan 7.Keep Pace with Development: Structure process for better management Town Council Work Session –Feb. 27, 2017 Structure of the Policies Ordinance: 1.5 SECTIONS related to Policy Areas: •Thoroughfares •Parks, Open Space, and Trails •Town Design •Town Facilities •Storm Water Conservation 2.Land Use is addressed in the TDI Ordinance passed earlier this month Town Council Work Session –Feb. 27, 2017 Each Policy Section has 3 Pieces: 1.Regulatory Policy Status: Describes how this SECTION will be used and its relationship to the Comp Plan intent and vision as well as its intended relationship to a development submittal 2.Application Trigger Points: Describes the conditions which, if manifest, require that this set of policies be brought into the development review process. 3.Plan Review/ Submittal Requirements: Specifies the submittal requirements (data, plans, etc.) and the assumptions that should be factored in any analysis (e.g. TIA) Town Council Work Session –Feb. 27, 2017 Sections may Apply Differently: TYPE OF SUBMITTAL APPLICABLE SECTION APPLICABLE EXCEPTIONS Town Council Work Session –Feb. 27, 2017 Thoroughfare Example 1.Regulatory Policy Status: Resolution of guiding intent of Thoroughfare Plan at time of development. Therefore a TIA is required to reveal traffic impact of development and need for plan implementation. 2.Application Trigger Points: When an LOS D or better is indicated by TIA for streets or intersections serving the development 3.Plan Review/ Submittal Requirements: Scope of analysis, regional conditions to be considered, build-out conditions to be considered, required assumptions for determining trip demand, and recommended remedial/mitigating improvements. Town Council Work Session –Feb. 27, 2017 Town Facilities Example 1.Regulatory Policy Status: Preservation of response time capability. 2.Application Trigger Points: A.Opportunity to activate a service area B. Potential of losing the service area capability C. When the new development (primarily commercial) exceeds capability of current equipment. 3.Plan Review/ Submittal Requirements: An emergency services Impact Analysis which looks at additional service personnel required, private supplementary measures, effect on desired response time, possible alternate locations if this site cannot provide service. Town Council Work Session –Feb. 27, 2017 Storm Water Conservation Example 1.Regulatory Policy Status: Continuous initiative to improve water quality and Town will seek to implement wherever the opportunity exists. 2.Application Trigger Points: A.When considering any drainage plan or development in conjunction with a waterway. B. When implementing the Thoroughfare Plan or considering road development/ improvement C. When extending open space, improving/ restoring natural systems, development of detention/ponds 3.Plan Review/ Submittal Requirements: Application must show efforts for water quality and conservation and document opportunities for such initiatives. Town Council Work Session –Feb. 27, 2017 Parks, Open Space, Trails Example 1.Regulatory Policy Status: Aimed at view protection, natural preservation, historic continuity, and recreation needs of citizens and is a point of consideration in development review. 2.Application Trigger Points: A.When a request engages the Comp Plan and intersects with the location of landmark landform, natural waterway, open space. B. When the request presents opportunity to implement recreation opportunities or connect open spaces. C. When the plan intersects with historic landscape 3.Plan Review/ Submittal Requirements: The Town must consider opportunity, available alternative, level of loss, future opportunities preserved or foreclosed. Town Council Work Session –Feb. 27, 2017 Town Design Example 1.Regulatory Policy Status: Limit visual chaos, promote visual continuity, perpetuate identity. 2.Application Trigger Points: A.When considering any Thoroughfare, Street, or Trail . B. When improving any Thoroughfare, Street or Trail C. When considering any space that will be used by the public. D. When considering any development abutting a portal 3.Plan Review/ Submittal Requirements: The Developer must demonstrate consideration of Town design palette, forms, textures, color, materials, streetscape, and landscape themes. Town Council Work Session –Feb. 27, 2017 Questions MASTER TDI LOG Town Council Work Session –Feb. 27, 2017 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting NECESSARY ACTION a. Sec. 551.071. Consultation with Attorney (1) when the governmental body seeks the advice of its attorney about: (A) pending or contemplated litigation: Cause No. 348-290326-17 - Neil and Janelle McNabnay, Colin and Melanie Stevenson, Yair and Sandra Lotan, Jay and Jana Still, Biswajit and Chandrika Dasgupta, Michael and Michelle Granfield, Michael and Stef Mauler, Rudy and Christy Renda, David and Jenn Riley, Joseph Mohan and Maria De Leon, Roberto Arandia, and Patrick and Erin Cockrum (collectively, "Plaintiffs") vs. Town of Westlake b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Lynx - CS Kinross Lake Parkway, a Delaware limited liability company, its affiliate Charles Schwab & Co., Inc. Town Council Item # 8 – Necessary Action FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. None Town Council Item # 9 – Future Agenda Items Town Council Item # 10 – Adjournment Regular Session