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HomeMy WebLinkAbout09-25-17 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 September 25, 2017 1500 Solana Boulevard Building 7, Suite 7100 1st 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 an Economic Development Agreement with the Marriott Solana Hotel. b.Presentation and discussion of proposed Comprehensive Plan policy amendment regarding housing and the proposed building quality manual. c.Standing Item: Presentation and discussion of development projects per Staff report August 2017, Entrada report from the Developer and projects in Planned Development PD 3-5. 5.EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a.Section 551.071. 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. - Amazon c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 Page 3 of 5 d. Section 551.071 (2) Consultation with Attorney 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: Water contract 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 meeting on August 28, 2017. b. Consider approval of the minutes from the meeting on September 11, 2017. c. Consider approval of Resolution 17-36, Approving an Economic Development Agreement with the Marriott Solana Hotel. Page 4 of 5 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. 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. - Amazon c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. Page 5 of 5 8. 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. Council Member Rennhack - review open space and flood plain management policies to prevent flooding as Town matriculates to full development. 9. 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, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, September 20, 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 meeting on August 28, 2017. b. Consider approval of the minutes from the meeting on September 11, 2017. c. Consider approval of Resolution 17-36, Approving an Economic Development Agreement with the Marriott Solana Hotel. Town Council Item # 3 – Review of Consent Items DISCUSSION ITEMS a. Presentation and discussion regarding an Economic Development Agreement with the Marriott Solana Hotel. b. Presentation and Discussion of proposed Comprehensive Plan policy amendment regarding housing and the proposed building quality manual c. Standing Item: Presentation and discussion of development projects per Staff report August 2017, Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #4 – Discussion Items Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, September 25, 2017 TOPIC: Presentation and discussion of a Resolution Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Business Outreach Program Time Line - Start Date: October 1, 2017 Completion Date: September 21, 2018 Funding Amount: $130,000 Status - Funded Source - VAF (Hotel Tax) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This proposed twelve (12) month economic development grant agreement includes both the “Shuttle Bus Transportation Cost” as well as the “Incentive Program”. If approved, this would be the eighth consecutive year that the Town has partnered with the Marriott Solana Hotel regarding the “Incentive Program”. Prior to this, the Town participated in only the Hotel’s shuttle bus system costs. Below is a description of both portions of this proposed economic development grant that would Page 2 of 3 disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. • Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been proposed in FY 17-18 budget for the Town’s participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. This is the same amount adopted in the prior year. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. • Group Business Incentive Program. This portion of the agreement is $50,000 and has been proposed in the FY 17-18 budget. Staff has worked with the Marriott Solana Hotel manager on this economic development agreement in prior years. Based on conversations with Marriott management, the request has been made to include a $2,500 maximum payment based on food and beverage revenue in addition to the $5,000 maximum payment based on room night revenue already in place. o Proposed group business shall book a minimum of $5,000 in room night revenue. o A maximum of $7,500 is available to each group; however, the amount provided is based on the following process: • 10% of the room night revenue calculates the amount allowed, up to a maximum of $5,000. • 10% of the food and beverage revenue calculates the amount allowed, up to a maximum of $2,500. • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. The total anticipated expenditure for the “Incentive Program” is $50,000 for FY 2016-17. This proposed grant agreement would be a reinvestment in the tourist sector of the Town’s economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such, this agreement also includes “claw back” provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Page 3 of 3 Town can require that those funds be repaid with interest. Additionally, if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel’s management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 16-17 budget contains an estimated receipt of $837,280 of which $772K is likely to be from the Marriott. This represents approximately 5% of the total municipal operating revenue stream and is derived primarily from the Town’s only hotel, the Marriott Solana. The remaining estimated $65,280 is received from Deloitte University. Of the total $65,280, only 50% is retained by the Town due to an economic development agreement. Total budgeted for FY 17-18 is $845,000 of which $779,720 is estimated for the Marriott with the remaining balance of $65,280 being received from Deloitte University. Again, only 50% of the $65,280 is retained by the Town due to an economic development agreement. In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs. The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town’s Adopted Strategic Plan Vision Points. RECOMMENDATION Recommend adoption of the resolution approving this economic development grant agreement (on consent) ATTACHMENTS Resolution approving this Economic Development Grant Agreement between the Town and the Marriott Solana with the Agreement attached as “Schedule A”. estlake Town Council TYPE OF ACTION Workshop - Discussion Item Monday, September 25, 2017 TOPIC: Presentation and Discussion of proposed Comprehensive Plan policy amendment regarding housing and the proposed building quality manual STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Strong Aesthetic Standards 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 EXPLANATION Staff proposes adding a development policy through an amendment to the Comprehensive Plan. The proposed policy would specifically address new residential housing development in the Town and would serve to sharpen the focus of existing Comprehensive Plan objectives related to new residential development. External inquiries to staff concerning subdividing land and constructing new residential housing developments is increasing due to several factors including overall market demand, new commercial office development in the area and the shrinking supply of developable land in surrounding communities. Therefore, this proposed policy would assist prospective developers, staff and the Commission/Council in determining the efficacy of a proposed development relative to the community’s expectations as encapsulated in the Comprehensive Plan notwithstanding other issues as outlined below. A critical tenant of the proposed policy is to place on the onus on the developer to prove that their proposed development is consistent with the recommendations of the Comprehensive Plan. Also, given the lack of improved Town services in certain portions of the community including, but not limited to, utilities, roads, open space and stormwater infrastructure, this policy would seek to discourage piecemeal, ill-conceived land development proposals that are not characteristically holistic and benefit the whole community. The proposed policy reads as follows: “Proposed New Residential Housing Development Policy The following policy shall serve as a review template to Town staff for any proposed development that meets the criteria contained herein. Applicability: any rezoning request involving any zoning change to a zoning category, including PD zoning, that includes a residential use wherein the proposed zoning yields the ability to produce a higher density of residential units at or above the current zoning of the property and/or involves a rezoning from a non-residential use to a residential use. Given the above applicability, the following standards must be met upon the submittal of an application for a change of zoning: (1) The proposed zoning shall be to a PD district; (2) The proposed zoning shall follow the guidelines in the Building Quality Manual attached to this policy; (3) The proposed zoning application shall, at a minimum, include the following: • Water and sewer utility service plan that demonstrates an acceptable level of service to Town owned water utilities; • A stormwater management and infrastructure plan; • Traffic impact analysis and access control plan; • Landscaping/Open space/trail plan; • Tree mitigation plan; • Detailed proposed design standards demonstrating compliance with the Building Quality Manual (attached); • A written analysis and demonstration of compliance with Comprehensive Plan Recommendations; • If any waivers and/or deviations from this policy, the Comprehensive Plan or the Code of Ordinances are proposed, a detailed explanation of each waiver/deviation is required. (4) No application for a zoning change, as applicable to this policy, will be processed for consideration until the requirements of this policy are met.” As the “applicability” section states above, this policy would not apply to any change of zoning that results in lower possible residential density. For example, if an applicant were to propose a change of zoning from R1 to R2 or higher, this policy would not apply as the proposed land use intensity involves a reduction. Additionally, it is important to note that this policy is proposed as a development review policy only. Therefore, no amendments to the Code of Ordinances are proposed. If an applicant chooses not to follow the policy, or proposes an alternative, they need only clearly described the reason for the deviation and staff will forward the case to the Commission and Council for consideration, albeit with a likely recommendation for denial. In the event that all policy guidelines are met as part of a new residential rezoning application, staff will write the agenda memo such that a detailed analysis of policy adherence is included along with a final staff recommendation. Building Quality Manual As part of their scope to formulate implementation strategies for the Comprehensive Plan, Mesa Planning created a Building Quality Manual to provide clarity and a sharper focus related to the design of new construction and land development. The sections include requirements relative to building construction, land development and landscaping. Staff proposes that the detailed tenants contained in the Building Quality Manual would be included in the final approving PD ordinance for any proposed development approved under this policy. Should the applicant propose a deviation from any of the detailed tenants, those would be included as part of their proposal with written explanation for the proposed deviation. This item was presented to the Planning and Zoning Commission for discussion on September 18, 2017. Based upon discussion by the Commission and the Council, staff will bring the policy forward for formal adoption in October 2017. ATTACHMENTS 1. Draft Building Quality Manual 2. Comprehensive Plan, Part Three: The Plan Elements, Section Seven: The Housing Plan . Westlake Building Quality Manual The Standards and Guidelines for quality and endurance in the design and construction of Westlake’s built fabric MESA-Planning November 6, 2016 1 DRAFT . INTRODUCTION This manual is intended to provide measurable benchmarks that clearly present the Town of Westlake’s expectations for the design, materials, and workmanship of both residential and non-residential construction. This Building Quality Manual is separate from applicable Building Codes, that address matters more directly related to life safety and is also separate from other existing building and development ordinances of the Town. Therefore, this manual is meant to supplement these other building and development codes and clearly present the Town’s view of acceptable building quality. Building Quality is defined to mean the integrity of design as well as the endurance of what is constructed and the expression of those visual qualities of construction that are consistent with the higher value. Therefore, these standards define a minimum quality of construction that will be acceptable to the Town. However, these standards are not meant to limit, in any way, a contractor’s employment of higher quality standards or an architect’s creativity and ingenuity in design. More specifically this Building Quality Manual is meant to: Maintain the quality and continuity of the visual environment of the Town, protect the general welfare, and ensure that the Town’s property value, appearance, character, and economic well- being are preserved through minimum design and building quality standards. Encourage creativity, imagination, innovation, variety in architectural design and building composition. Preserve the unique heritage, history, and architectural character that evolves over time and reflects the aggregate identity of Westlake within the highway 114 corridor. Reinforce and support the integration of design and development with the natural systems of Westlake’s environment as well as with the pedestrian and vehicular movement of its citizens. Promote harmony in the physical relationship between the otherwise autonomous projects that constitute the built fabric of the Town. Thus, this is a continually evolving document and may be expanded and/or amended as new issues are realized and deliberated. This document is divided into 4 sections as described below which collectively address matters from design to construction. The sections are: Section 1: Principals of Design This Section addresses the general approach to architectural composition and internalization of natural relationships and character. Section 2: Principals of Development Planning This Section addresses the internalization of natural systems and recognition of natural features as well as accommodation of pedestrian movement, connection with the “Town”, and the mitigation of building service intrusions. Section 3: Residential Construction Quality Standards 2 . This Section addresses building materials, techniques, and workmanship related to residential construction. Section 4: Non-residential Construction Quality Standards This Section addresses building materials, techniques, and workmanship related to non-residential construction. Section 5: Landscaping This Section address basic aspects of landscape that moves landscaping toward more naturalistic forms and more indigenous plan materials and away from ornamentation generally. 3 . SECTION 1: PRINCIPALS OF DESIGN This section sets forth the desired considerations that must be taken into account during the design process and expresses the desired outcome of that process. The standards below address the scope of consideration as well as the object of consideration in the approach to building design. The purpose is to promote a compositional integrity, continuity with the Town identity, and integration of nature/ natural systems and/or features. More specifically, these standards are: Standard 1: Visual continuity with the Town The design of any structure within Westlake shall define the context in which the structure will reside, the key attributes of that context which are characteristic of its appearance, and the manner in which the design being formulated will work to perpetuate or compliment those attributes. When the structure is a single family residential structure style repetition in close proximity is prohibited. However, other attributes of continuity (such as massing, complexity, and proportion) are to be considered. The design of any structure within Westlake will maintain a relation to the public domain as established by other development of the Town context as well as maintain, as a minimum, the level of ground plane enrichment and amenity as is characteristic of the context. Such design should consider continuation of the ground plane enrichment/ amenity as a means of overcoming project segmentation of the Town fabric. Standard 2: Integrity of Holistic Composition The exterior design of any structure in Westlake must, in its totality, comprise an overall visual pattern that expresses an intentional relationship between the elements of form. The elements of form that comprise a building design must derive from a common justification (e.g. function or proportion) that transcends ornamentation. 4 . Standard 3: Tension, Balance, Symmetry, and other Compositional Relationships The visual pattern associated with the design of any structure in Westlake must allow the imposition of a compositional structure that lays across the design and touches its key elements of expression. This structure includes but is not limited to: o Regulating lines that organize the elements of the elevation in space. These connections in composition communicate the relationship of form elements intended by the architect. o Proportioning systems that establish an order of relationship. Proportion is the relationship between 2 ratios (window height to width in relation to building height to width). Proportion is often derived from natural relationships. o Hierarchies that place elements in their ascending or descending relationship…expressed from dominant to subordinate. Standard 4: Integrity of Styling Derived from Tradition Features of traditional style were typically derived from solutions to construction details that were ceremonially continued as style (and/or principals of style) in an effort to preserve the body of knowledge. Therefore, traditional styling, when used, should not be reduced to simple ornament but derived in a manner consistent with tradition or interpreted in a manner that fully recognizes that tradition. Features of traditional style were, of necessity, structurally appropriate in their proportion and dimension. Therefore, traditional styling must comport with the historic proportional and dimensional characteristics of the stylistic feature. 5 . Standard 5: Articulation of Closure Details Closure details (at openings, corners, roof/wall junctures, and horizontal offsets) are areas where design solutions contribute to the detailed appearance of an elevation. Therefore, the design of buildings in Westlake must consider closure details as an opportunity for crafted articulation. Standard 6: Façade Integrity The Town of Westlake seeks to promote architecture that expresses a relationship between plan and elevation. Therefore, design approaches which seek to decorate a space plan derive independent of the design in elevation is discouraged. A proper relationship of plan to elevation requires that internal functions influence and inform the form of the mass and articulation of that form in design. Standard 7: Holistic visual treatment of structure The Town of Westlake seeks to eliminate the architectural phenomenon common to most suburban developments, wherein the street facing façade is recipient of the full investment in style articulation and the other facades are given much lesser treatment. The Town of Westlake discourages such “façade-ism” and promotes consistent treatment of style on all elevations of a structure. Standard 8: Integration and Expression of the Indigenous Landscape Westlake is characterized by its complex and varied landscape. Therefore, the design of any building in Westlake must make every effort to accommodate the character, profile, and natural mosaic of the indigenous landscape. Such design will avoid massive grading and seek to accommodate grade change within the architectural skin of the structure, thereby establishing a stronger relationship between the building and the ground upon which it sits. Where possible, the building design shall accommodate and preserve natural drainage patterns. Where reasonable, the building design shall avoid retainage structures set apart from the architectural envelope or extensions thereof (e.g. terraces). Standard 7: Protection of Unique Landforms and Plant Communities 6 . The Town of Westlake is distinguished by its land promontories (landmark landforms) that sit at the break between Westlake’s upland and lowland areas. In addition, the complex ground configuration has nurtured distinctive and mature Post Oak, Live Oak, and other tree species that thrive in dense plant communities. Therefore, the design of any building in Westlake permitted to build in close association with its landmark landforms must recognize this visual association in the character of design, the form of design, and the relationship of the structure to the landform itself. Key considerations include: o Derived elements of form: The form of the design and the form of the land bear similarities. o Transparency: The skin of the building seeks to dissipate so as not to be more conspicuous than the land form o Subordination: Avoid disruption of the profile of the landform The design of any building in Westlake permitted to build in close association with distinctive plant communities must recognize the visual association and potential for encroachment in the character of design, form of design, and relationship of structure to the plant community itself. Key considerations include: o Tree Protection: Trees within 30 feet of the construction area shall be protected with proper barriers and avoidance of compacting root environments. o Tree Preservation: To the extent reasonable the configuration of the design shall seek to avoid the destruction of indigenous trees of the plant community. o Tree Mitigation: Where indigenous trees of the plant community are destroyed, they shall be replaced, at 1 caliper inch for each caliper inch destroyed, within the plant community or a place designated by the Town as appropriate for mitigation. o Lows Impaction construction techniques: To the extent possible, the construction techniques employed to build within a plant community shall be those that have the least impact upon the environmental conditions supporting that plant community. o Preservation of natural systems serving the plant community: Natural systems that serve the plant community shall not be destroyed, disrupted, or reconfigured in such a way as to endanger or harm the plant community. SECTION 2: Principals of Development Planning This section sets forth the desired considerations that must be taken into account when planning a development project in Westlake or siting a building on a lot. These considerations are intended to strengthen the association between the development and the fabric of the Town, the mosaic of natural systems/plant communities/land form, and the vision of the Town’s 2015 Comprehensive Plan. Each development project, heretofore, regulated with consideration of its individual land area and site specific standards is, by virtue of the standards contained herein, called to consider the development’s place within, and impact upon, the larger Town fabric. Standard 2.1: Relationship to and connection with the Township fabric Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of 7 . the plan addresses this issue) must portray the extent to which the following elements of the Town fabric are continued, or otherwise responded to, within the proposed Development Plan: Roadways and drives: As Westlake builds-out the large amount of non-residential square footage currently entitled it becomes increasingly essential to facilitate traffic flow. Therefore, where possible a Development Plan should seek to connect with and extend flow between projects, thereby providing route options for traffic flow. It is important that a development Plan does not interrupt flow by failing to make extensions anticipated by an adjacent project and where that extension was a consideration in the adjacent project TIA. Therefore, coordination of routing anticipated by individual TIA’s is a desired consideration of a Development Plan under consideration by the Town. Thoroughfares: The Town Comprehensive Plan (discussed below) identifies three levels of roadway hierarchy. To the extent possible, a Development Plan that lays within the path of a Thoroughfare as planned and committed to by adjacent development or the alignment of which has been adjusted by an act of Council; shall make provision for the extension of the ROW of such Thoroughfare so that the ROW is available for such Thoroughfare when required development TIA’s substantiate the Thoroughfare necessity. Trails: Where provision has been made for trails within an adjacent development or a trail provided by the Town is ready for extension the Development Plan must consider appropriate trail routing through the proposed development so that a cohesive trail network can evolve over time. Open Spaces: Where an adjacent development provides open space that abuts the property line of the Development Plan, or the open space of an adjacent development can be feasibly extended into the Development Plan; the Development Plan must consider the extension of other expansion of the open space or consider how development portrayed by the Development Plan can relat to (abd further define) the open space. Contextual characteristic: Any Development Plan formulated for a property located in a context of development must consider how various aspects of the context will also be manifest in the Development Plan. Key aspects of context can include: o Building to Street/ roadway relationships o Streetscape themes o Connection of open space o Continuity of water o Extension of plan drifts and/ or patterns o Continuity of road section o Treatment of parking o Compatibility of adjacent land use Transitional relationships: Where a Development Plan shows development on a property located between land use zones where land use adjacency is an issue, the Development Plan must consider proper transitional treatments as they would appear in the plan. Proper transitional treatments include: o Buffer space o Lessening or increasing density 8 . o Lessening or increasing building height o Lessening or increasing land use (moving land use at the transition in the direction of the adjacent use) o Creating activity spaces that are appropriate to both uses o Standard 2.2: Implementation of the Comprehensive Plan Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) portray the extent to which the following elements of the Town Comprehensive Plan are implemented, or otherwise responded to, within the proposed Development Plan: Traffic Management: The Comprehensive Plan (and Ordinance ___) establishes threshold Levels of Service (LOS) for streets and intersections serving a Development Plan. Therefore, each Development Plan must demonstrate traffic management options that the plan will employ to minimize impact on the Thoroughfare System serving the Development Plan and thereby preserve as much of the LOS capacity as reasonably possible. Traffic management options to be considered include but are not limited to: o Multiple “trip assignment options” o Interconnection of development flows between projects o Distribution of parking o Intersection improvements (dedicated turn, acceleration, and deacceleration lanes) Land Use Character District features: The Forging Westlake 2015 Comprehensive Plan identifies 8 Land Use Character Districts which are spread across the land area of Westlake, engaging all lots, parcels, and/or tracts therein. Each land Use Character District has an associated identity derived from the intensity of development, the pattern of development, the relation of development to street, the coverage of development, and the form of development. Therefore, each Development Plan submitted to the Town for consideration must address the extent to which various aspects of the Comprehensive Plan Character Districts are considered by the Plan. Parks and Open Space: The Forging Westlake 2015 Comprehensive Plan identifies parks and open spaces necessary to serve the recreational needs of the Town population, provide transition from the residential to non-residential components of the Town, protect the views that characterize the Westlake landscape, preserve landmark landforms and other natural features/systems, and preserve historically significant open space contexts. Therefore, each Development Plan submitted for Town consideration must consider the relationship of the Development Plan location relative to the features of the Town Parks and Open Space Plan and the extent to which any aspect of the plan that is coterminous with the Development Plan is addressed by that Development Plan. Key aspects of consideration include: o Implementation of the Parks and Open Space Plan o Compatibility with the Parks and Open Space Plan o Extension of the Parks and Open Space Plan 9 . o Natural preservation initiatives consistent with the intent of the Parks and Open Space Plan Thoroughfares: The Forging Westlake 2015 Comprehensive Plan identifies three thoroughfare types that comprise the Thoroughfare System of Westlake. These thoroughfare types are: o Regional Arterial Roadways: Arterials that make connection between the Regional System serving Westlake from surrounding communities and the Town System of Westlake. o The Town Arterial System: Arterials that circumscribe the core areas of the Town and those land Use Character Districts that are scaled to serve as a Town core. o The Pastoral Collector System: The Collector Roadways that carry primarily residential traffic from residential communities and neighborhoods to the Town arterial System. Each Development Plan submitted for consideration in Westlake must demonstrate the extent to which the Town’s Thoroughfare Plan is being addressed within the plan design. Key aspects of consideration include: o Implementation of the Thoroughfare Plan through the extension of or provision of Thoroughfare System roadways as portrayed in the Plan or Council authorized adjustments thereto. o Compatibility with the Thoroughfare Plan o Extension of the Thoroughfare plan o Setting up development in anticipation of the Thoroughfare plan Urban Design Structured: The Forging Westlake 2015 Comprehensive Plan identifies an Urban Design Structure for Westlake that establishes a thematic treatment of: o Thoroughfare Types o Intersection Types o Portals o Landmarks o Trail Types and Trail intersections/ Trail heads o Focal spaces Each Development Plan submitted for consideration in Westlake must demonstrate the extent to which the Town’s Urban Design Structure Plan is being addressed within the plan design. Key aspects of consideration include: o Implementation of the Urban Design Structure by extending the thematic elements of the plan into the development plan. o Compatibility with the Urban Design Structure by maintaining a compatibility with its visual palette and avoiding the creation of differing thematic directions that would dissipate the visual cohesion of the Town. o Extension of the Urban Design Structure Plan in creative ways o Setting up development in anticipation of its connection with the themes and aspects of the Urban Design Plan. Trail Plan: The Forging Westlake 2015 Comprehensive Plan identifies trail types that collectively comprise a coherent and legible trail system for the Town. Each Development Plan submitted for 10 . consideration in Westlake must demonstrate the extent to which the Town’s Trail Plan is being addressed within the plan design. Key aspects of consideration include: o Implementation of the Trail Plan by extending the components of the trail plan into the development and completing the pedestrian connections that the plan seeks to make. o Compatibility with the Trail Plan by maintaining a compatibility with its connectivity intent and completing connections set up by adjacent properties and/or public ROW. o Extension of the Trail Plan in creative ways o Setting up development in anticipation of its connection with the connecting pedestrian system afforded by the Trail Plan. Standard 2.3: Natural fabric preservation Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) preserve the following: Significant plant communities or mitigate the loss of such communities as follows: Significant Plant Communities include: o Oak Motts containing at least 10 Post Oak or Live Oak Trees with a caliper larger than 8 in. as measured 12 in. above the ground. o Any Live Oak or Post Oak with a caliper larger than 15 in. as measured 12 in. above the ground. o Wooded areas of mixed vegetation with a dominance of Post Oaks and/or Live Oaks that are contiguous with wooded areas extending onto a neighboring site, lot, parcel, or tract. Mitigation of community loss includes: o Caliper replacement by planting replacement trees contiguous with the remaining portions of the vegetative community being disturbed at a rate of ½ in caliper for each 1 in. caliper (caliper replacement rate) being disturbed. Replacement trees (planted at the above specified caliper replacement rate) may be planted at other locations on-site or off-site) determined by the Town as appropriate for mitigation o Cash in lieu of replacement paid to the Town for the purpose of natural fabric preservation initiatives. A dollar amount of $_____ may be paid for each 1 in. Caliper disturbed in lieu of tree replacement, if approved by the Town. Standard 2.4: Natural fabric restoration Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) must make effort to restore natural features, natural systems, natural patterns, and/or natural mosaic lost to, augmented by, or disturbed by previous use of the land. The plan shall consider the natural fabric, identify loss or degradation of the natural fabric incurred by a previous use and propose restorative measures and/or designs which can restore such systems or their function. 11 . Standard 2.5: Pedestrian linkage Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) shall consider pedestrian movement adjacent to, interfacing with, or emanating from the subject lot, parcel, or tract (hereinafter the subject property) and provide design initiatives that will: Complete pedestrian pathways coming to the subject property that can be completed within or across the subject property. Provide connection from points of pedestrian origin within the subject to pedestrian facioities and trails serving the subject property. Anticipate the emergence of pedestrian pathways that can be extended by future development in close proximity to the subject property and provide the opportunity for such pathway. Standard 2.6: Land Use adjacencies Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) shall consider the land use adjacencies affected by development within the subject lot, parcel, or tract (hereinafter the subject property) and provide design initiatives that will: Accomplish transition: The Development Plan must demonstrate how transition from a dissimilar and potential conflicting land to an affected land use is made. Such transitions should consider: o Height transition: Movement from higher to lesser height by a gradation of height in closer relationship to the affected land use. If height to set back ratios apply to this Development Plan, such ratios shall take precedence over this standard. o Mass Transition: Reduction of undifferentiated building mass in closer relationship to the affected land use. o Intensity Transition: Reduction in density in closer relationship to the affected use. o Activity transition: Reduction of activity intensity in closer relationship to the affected use or the creation of activities that can accommodate both uses. o Creation of meaningful buffers: The provision of open space, preservation of natural fabric, and/or the creation of water bodies that can adjoin adjacent uses. Where existing PD regulations require buffers and setbacks such PD regulations shall take precedence over this standard. Mitigate encroachments: The development plan must demonstrate measures taken to mitigate encroachments of a subject use on an affected use. Encroachments include: o Noise o Light o Traffic 12 . Diminish the expression of otherwise invisible lot lines: The development plan much consider methods by which lot, parcel, or tract lines can be recognized if necessary by means which do not create barrier separations between uses, projects, lots, parcels, or tracts. Standard 2.7: Utilities and their integration with the design concept Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) shall consider utilities and utility services within the subject lot, parcel, or tract (hereinafter the subject property) and provide design initiatives that will: Conceal: Transmission lines and transmission ROW’s shall be concealed from view and recognition apart from the overall site design. Screen: Transmission facilities shall be screened when such facilities are visible from the street or public way. Landscape screens which make use of native plant material and integrate with the indigenous mosaic area preferred. Internalize: To the extent possible transmission lines and facilities shall be internalized to the architecture intended for the site, lot, parcel, or tract. Standard 2.8: Preservation of natural drainage Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) shall consider natural drainage within the subject lot, parcel, or tract (hereinafter the subject property) and provide design initiatives that will preserve, restore, replicate natural drainage patterns where reasonably possible. Standard 2.9: Storm water management facilities Any PD Concept Plan, PD Development Plan, PD Site Plan, or Site Plan (hereinafter Development Plan) in Westlake that is required by any existing ordinance of the Town must (to the extent that the scope of the plan addresses this issue) shall consider Storm Water Management Facilities required to serve development within the subject lot, parcel, or tract (hereinafter the subject property) and provide design initiatives that will: Minimize structured means of water management: Minimize the use of cross drainage structures, armored channels, concrete flow ways, and other such structured solutions to storm water management. Maintain natural land shapes and forms in the creation of detention/ retention facilities and created drainageways (hereinafter flow management facilities): Water collection points and/or pools created by nature have shapes that are clearly organic. Therefore, avoid straight lines, hard angles, and regular geometric shapes in the creation of flow management facilities. Restore and extend the natural fabric: Where storm water management design creates conditions conducive to the support of plant communities of vegetative types, measures should be made to expand the natural fabric by providing such vegetative communities. 13 . Respect natural systems that flourish within natural systems: Proper design of flow management facilities will include diverse ecological settings such as deeper water, shallow water, ephemeral flows, and greater hydration that can support natural systems associated with these conditions. Therefore, where such ecological settings are created, the attendant natural systems associated with that condition should also be created. Section 3: Residential Construction Quality Standards This section sets forth the desired standards that must be implemented when designing a residential structure in Westlake. These standards are intended to: Establish uniformity in the enduring quality of Westlake’s residential building stock Preserve the general value of Westlake’s residential fabric Promote a consistent attention to detail Yield a distinctive visual character wherein the particular dimensionality, relief, and/or visual texture that results from quality construction methods is apparent The design of each residential structure in Westlake must demonstrate conformance to the standards specified below prior to receipt of a building permit. The building official shall determine if the standard has been met or the principal intent of the standard has be satisfies in a more creative construction approach. More specifically the standards applicable to residential construction are: Standard 3.1: Site-work a.General: Site-work includes all aspects of site preparation that are related to the creation of a building site within platted a lot, parcel or tract of land. It is the intent of these standards to create a greater interrelationship between building and site conditions, preserve natural features, preserve indigenous vegetation, and (to the extent reasonable) avoid the street road relationships commonly associated with lesser value/suburban development. b.Condition during construction: Every lot, parcel, or tract which is the site of a residential construction must maintain the site in the following condition from the start of site- work to the completion of building construction thereon: i.Containment of all construction debris in the side yard space so that the ground plane is clean of all visible debris ii.Removal of all excavated material within 30 days of the excavation work unless the excavated material is being stockpiled for reuse on the subject site. In which case, excavated material shall be stored in a location generally out of the public view and toward the rear of the lot, parcel, or tract. If the building plate configuration prohibits location of such storage at the rear of the lot, the building official shall consider a proposed alternate location for approval. iii.Removal of all plant material and biomass within 2 days from any grubbing, tree removal, tree pruning, shredding, and/or other trimming activity. iv.Protection of all curbs where ingress or egress movement from a lot, parcel, or tracts takes place. 14 . v.No more than 1 temporary builder or sale sign vi.Display of building permit at a front yard location, within 10 of the street ROW and mounted to a weather protected board or frame supported by a central stake, standing 40 inches high. vii.Location of any temporary sanitary facility at the rear of the lot and sited so it is plumb and free from any standing water potential. All temporary sanitary facilities shall be located on cleared and level ground. If the building plate configuration prohibits location of such storage at the rear of the lot, the building official shall consider a proposed alternate location for approval. viii.The building contractor shall keep a set of permitted construction plans on-site so they may be viewed by a Town official when deemed necessary by that Town official. The on-site construction set shall also show any change orders or “as built” conditions which are different than the permitted drawing show. c.Drainage: All drainage swales and/or drainage ways shall be created so as to create natural looking ground conditions. Therefore, artificial appearing side slopes, visible flow lines that are overly angular or straight, retention/ detention facilities that are square/angular/ or any regular geometric shape must be avoided. d.Tree protection: All trees remaining on a lot, parcel, or tract and exposed to the building activity or within 20 feet of the building site (hereinafter regulated trees) shall be protected as follows: i.Tree fencing: Regulated tree trunks shall be protected with a visible “tree fence” at least 48 in. tall and protecting the tree and ground around the tree to a minimum 10 ft. distance from the trunk of the tree. ii.Tree marking: All Regulated Trees shall be marked with a sign stating “Protected Tree”. iii.Ground compaction avoidance: Measures shall be taken to minimize ground compaction within the dripline of Regulated Trees as follows: 1.Prohibiting parking under the drip line of a Regulated Tree 2.Routing construction and equipment traffic so as to avoin the drip line of a Regulated Tree 3.Prohibiting the storage of any material, equipment, debris, or excavated material within the drip of any Regulated Tree 4.Avoiding, where possible, any grading within the drip line of a Regulated Tree. Grading within the ground protected by a Tree Fence is prohibited. iv.Maintenance of normal hydration: Measures shall be taken to maintain normal hydration for any Regulated Tree by: 1.Preventing the accumulation of storm water runoff within the ground plane area of any Tree Fence. 2.Avoiding increased levels of hydration from temporary irrigation system. 15 . 3.Restoring hydration where the source of hydration has been disrupted by the construction activity. v.Preserve Tree Communities: Where a residential development is consider e.Grading: Grading for residential construction and/ or the creation of a residential building site shall: i.Avoid steep grades: ii.Take place within the “Building Area”: Any construction grading within a lot, parcel, or tract shall be limited to the Building Area identified on the permitted site plan page of the permit drawing set. Delineation of the Building Area shall also identify where grading equipment shall be stored, if stored on site. The building Area delineation shall also identify where excavated material will be stored, if such material is to be stored on-site. iii.Conform to the standards for tree protection: f.Building/Street relationships: The siting and follow through design of residential structures on lots, parcels or tracts larger than 30,000 sf. must accomplish a relation to the fronting street that allows the front yard space to separate the street building association in a way that the building orientation is derived from the yard and not street. To accomplish this, the yard may: i.Elevate above the street, creating a yard plane that is separate from the street ii.Establish a yard from wherein the edge defined by the structure and the edge defined by the street are not parallel iii.Contain ground plane profile changes that visually complicate the structure/ street relationship. Standard 3.2: Foundation a.General: Foundation general standards regarding the appearance of constructing a foundation for residential construction within the Town of Westlake. It is the intent of these standards to mitigate the conspicuous visual differences between crawl space foundation (pier supported) and slab foundation (generally soil supported). It is viewed that lesser quality and lesser value residential construction tends to address foundations without regard to a relationship with the general façade design. Therefore, these guidelines are intended to bring the foundation into the elevation design as a contributing element. In addition, each foundation for residential construction shall be engineered based upon a geotechnical report provided by a reputable geotechnical consultant than employs an appropriate number of boring samples. The geotechnical report must be provided with the permit drawing set. b.Slab Foundation: Often construction of a slab foundation results in the creation of a concrete “platform” upon which the residential construction is placed. As a result there is an exposed thickness of concrete which lies along the entire baseline of the structure. 16 . To internalize this element into the elevation design, a ‘dropped” masonry ledge must be provided. The “dropped” masonry ledge must be designed so that the distance between the elevation of the ledge and the finished grade is no greater than 1.5 inches above finished grade. For all veneer materials (masonry or stucco or other), there shall be no more than 1.5 inches of exposed concrete at the foundation line. c.Crawl Spaces: As with slab design (specified above) the intent of this standard is to conceal the expanse of concrete usually associated with exposed grade beams with a dropped masonry ledge or other means that allows no more than 1.5 in. of exposed concrete between the finished grade and the veneer material of the construction. All crawl space venting shall be accomplished with a decorative concrete or masonry vent that is appropriate to the style of the architecture. In addition, any crawl space access panels or doors shall be decorative in appearance and located so that such assess panels/ doors are not visible to the street. d.Where the grade is sloping, the masonry ledge shall be stepped so that no more than 6 inches of concrete is visible above the grade at any point along the grade. Standard 3.3: Walls a.General: Wall construction is considered a critical aspect of architectural integrity, endurance, and value. Therefore, this manual sets forth certain standards for wall construction that are meant to assure the above listed attributes. b.Framing: For the purposes of energy rating, depth of offset at facade openings, and more enduring construction; all wood framed, exterior walls of residential buildings in Westlake must be constructed of a minimum 2 x 6 framing members. This standard does not apply to any wall which is a “common wall” with an attached structure. c.Vapor barrier: All wood frame construction shall have vapor barrier behind any façade veneer. Accepted vapor barriers include: 17 . i.30# Bituminous Builder Felt ii.A building wrap moisture barrier/ wind barrier product that performs to a level consistent with a 30# Bituminous Builder Felt when installed in accordance with manufacturer’s specification. d.Exterior offsets at openings: In residential construction, it is essential that the visual presentation of building mass is consistent with a residential character. This sense of mass can be greatly influenced by the presents of exterior offsets in the perimeter building plane. Therefore, standards for building offsets include: i.Single family Detached Homes: The sense of mass is limited by the complexity of form characteristic with the style of the home. Therefore, the following are building plane offset standards for the various style categories of Westlake: 1.Traditional Styles: Most traditional styles derive from a construction technology where a large expanse of undifferentiated wall was not common. Therefore, residential structures designed in a traditional style shall not have a lineal foot length of wall that is more than 35 feet without a wall offset that is expressed as either a horizontal off-set of at least 4 feet or expressed as a distinct architectural form that expresses itself with a roof. 2.Contemporized Styles: Horizontal expression is the essence of most residential, contemporary styles. Therefore, a lineal foot length of wall plane contained within a single roof form or other form that is compositionally integral to the overall design has no limit. Otherwise the same limitations applicable to traditional design (described above) shall also apply top contemporized designs. ii.Single family Attached Homes: Single family attached homes, typically constrained by narrower or otherwise more complicated lots tend to have elongated plan geometries running coterminous with the side lot line. Therefore, a single family attached structure shall not have a lineal foot length of wall that is more than 45 feet without a wall offset that is expressed as either a horizontal off-set of at least 4 feet or expressed as a distinct architectural form that further expresses itself with a roof. iii.Residential building blocks: Residential building blocks are generally limited to multiple-unit residential structures and are characterized by larger building forms that are generally closer in appearance to a commercial building mass. However, the residential use of the structure requires that a residential scale exists which is appropriate for residential living. Therefore, Residential Block structure shall not have a lineal foot length of wall that is more than 50 feet without a wall offset that is expressed as either a horizontal off-set of at least 4 feet (which can include balcony structures that are architecturally enclosed, or expressed as a distinct architectural form that further expresses itself with a roof. 18 . e.Material and Material Use: Essential to enduring building quality is the use of exterior materials. Therefore, the following standards apply to the permitted exterior materials for Westlake (unless the approved/ adopted PD zoning ordinance for a property allows a different material). These standards are: i.Brick Unit masonry: All brick used in Westlake must be modular or allow modular applications without cutting the brick material. All brick shall a hard-fired brick, meeting a severe weather standard. Embossed or molded brick which seeks to create a sense of aged/ distressed brick material is generally prohibited unless approved by the Town Manager of Designee. All brick shall be laid in such a manner as to avoid stacked joints. All building corners (inside and outside corners) shall be executed in a “toothed” masonry fashion. Mortar joints in brick shall not exceed 3/8 in. Weeping or slump joints are prohibited unless approved by the Town Manager or designee. ii.Natural Stone: All Natural Stone used in Westlake must be laid in the veneer wall in a manner that replicates the coursing characteristics of load bearing stone work. “Coursing” means that the stones are: 1.Generally laid in the wall as they would lay on the ground 2.Consistently tight mortar joints where no more than 30% of the masonry joints in any wall are larger than 3/8 inch. 3.When the juncture of stones requires a large area of mortar, to maintain a level coursing pattern, smaller stones (called chinking stones) shall be used. 4.Coursed stone patterns are generally acceptable, including Ashler, Coursed Chopped Stone, and Coursed Rubble Stone. Mosaic stonework as an exterior veneer is generally prohibited but may be approved by the Town Manager or designee. 5.Cultured stone or other faux stone products are prohibited. 6.All stonework shall be laid in such a manner as to avoid stacked joints. All building corners (inside and outside corners) shall be executed in a “toothed” masonry fashion. iii.Finished Stone: Finished stone includes all smooth-face stones trimmed to a regular shape. All use of Finished Stone in Westlake shall be laid in a manner that uses a thin mortar joint (made possible because of the uniformity of material. All finished stone shall be laid in such a manner as to avoid stacked joints. All building corners (inside and outside corners) shall be executed in a “toothed” masonry fashion. iv.Stucco: Stucco is viewed as a material of enduring quality in Westlake if the manner of installation meets the following standards: 1.Substrate: The use of stucco on the street facing wall of any residential structure except Residential Block structures shall be laid over a unit masonry substrate. On all other walls, and all walls of 19 . Residential Block Structures, stucco may be laid over a cementitious substrate applied to metal lath. Styrofoam as a substrate is prohibited. 2.Stucco applications must be a 3-coat stucco over lath or masonry technology. Dryvit/ EFS type systems are prohibited. 3.Shaping: Decorative details rendered in shaped stucco are prohibited. All window / door surrounds, cornice, belt courses, and base courses must be executed in a stone, brick, cast stone, terracotta, or tile material. Shaped stucco is permitted when it serves the purpose of allowing the wall plane to bend to achieve a detail derived from manipulation of the wall plane (such as rounded corner returns to windows and doors). Styrofoam as a substrate for shaping stucco is prohibited. 4.Expression of expansion and control joints: The visual character of stucco use in Westlake is that derived from stucco over masonry where expansion/ control joints are not required (except those for the masonry substrate). Therefore, where expansion/ control joints are required for Stucco over a substrate other than masonry, such expansion/ control joints shall be concealed by filling the joint with an expandable filler that is troweled flat with the stucco, is the same color as the stucco, and matched the surface texture of the stucco. f.Opening surrounds: All openings in the exterior skin of residential construction shall have an architecturally appropriate header and sill with an optional jamb except where the style of architecture is associated with the absence of such detailing (such more contemporized styles). When employed, all window / door surrounds, cornices, belt courses, and base courses must be executed in a stone, brick, cast stone, terracotta, or tile material. For certain styles the surround material may be wood or timber when essential to the style (such as Tidewater Neo-Classical). When a decorative opening surround is not used, there shall be a minimum offset from exterior wall plane to the face of the window or door of 4.5 inches. Shaped stucco is permitted for opening surrounds when it serves the purpose of allowing the wall plane to bend to achieve a detail derived from manipulation of the wall plane (such as rounded corner returns at windows and doors). g.Relief: Relief is an essential visual characteristic of enduring quality as it is typically the result of enduring materials and methods of construction. Materials with greater relief such as wood and stone, are also materials which can be crafted. This relationship between quality material and the work of the artisan is less likely with many less expensive construction materials. Therefore, Westlake seeks to promote relief and dimension in the execution of architectural details, motifs, and articulation of opening and form with the following standards: 20 . i.Prohibited materials: For the purpose of attaining relief that is associated with quality materials and construction, the following materials are prohibited when used for surrounds, cornice, and decorative features: 1.Cementitious boards 2.Fiber glass 3.Styrofoam 4.Plastic 5.Aluminum (unless its application is characteristic of a style) ii.Relief in architecture: Relief in architecture means the dimensional offset between the building skin material and the exterior surface of doors and windows. Therefore, the minimum dimensional offset between the building skin and the exterior surface of doors and windows shall be a minimum of 5 inches. iii.Relief in articulation: Relief in articulation means the dimensional aspects of the assembly. Therefore, the minimum projection built-up profiles and decorative assembly shall be ¾ inch per element of the assembly as illustrated below. e.Carpentered exterior trim: All carpentered exterior trim shall be high quality finish- grade wood stock. Composition Wood products are prohibited with then n exception that exterior grade finished veneer plywood, other smooth finished soffit board, or Trimcraft may be used for soffits. If a trim installation is to be joined along any continuous rum of material, the joint must be a “spline joint” of material. All outside corners must be mitered and blocked, having sufficient closure that the joint is not visible from the street. Corners may not be closed by any means other than a carpentered joint. Trim clips are prohibited. Facia must be stepped at the drip mold. Carpentered Trim that forms the wall veneer pocket must have a complexity achieved in one of the following ways: i.Trim mold ii.Built-up step molding iii.Other traditional detail such as dental mold. b.Material transitions: Material changes in any elevation of a residential structure may only occur under the following conditions: i.Material changes at an inside corner ii.Material changes that addresses an outside corner must wrap the corner and change at a location at least 12 inches from that corner as termination of an architectural detail/ element (such as a corner pilaster) iii.Material change wherein the different material is contained within a distinct architectural form that projects from the primary architectural mass. iv.Material change reflecting an off-set between a lower floor and an upper floor where the offset is at least 6 in. 21 . Material changes within the same architectural plane are prohibited. 22 . Standard 3.4: Openings a.General: The articulation of openings is a key aspect of enduring quality and higher value design. Openings are a primary focus of architectural detail and the treatment thereof reveals consideration to detail and investment in craftsmanship of construction. b.Relation to composition and architectural forms: The following standards apply to the positioning of and articulation of openings in the architectural façade: v.All windows shall be below the cornice detail. Windows may abut the cornice detail or be engaged with it if the design of the window surround modulates with the banding or detailing of the cornice. vi.Street visible windows shall be articulated with a projected surround or header unless the absence thereof is a characteristic of the style being proposed. vii.To maintain a sense of purposeful design and compositional continuity, it is important that the openings within an elevation have a common reference line that engages the sill or head. Therefore, the random placement of windows is prohibited. Where internal functions require that the positioning of an opening deviate from the regulating line by which windows are positioned, those windows must be decorative or toerwise of a type that does not require a reference line (such as a round or square window). 23 . c.Glazing: Reflective glazing is prohibited. Tinted glass and dark adhesive films where the transmission coefficient exceeds 27% are prohibited. Stained glass is allowed provided the glass is crafted in accordance with one of the following techniques: viii.Soldered Caming ix.“H” Caming No acrylic or “pourable” techniques are allowed. c.Windows: All windows on a street visible elevation must be wood or wood clad. Standard 3.5: Roof a.General: The roof and roof lines it creates are among the most important features of a higher value structure. Most identifiable architectural styles are recognized, in 24 . large part, by the distinctive features of the roof. Therefore, enduring quality of residential construction is significantly related to the form, material, and treatment of the roof. b.Legibility of Roof form: To the extent possible, roofs shall be massed with an orderly sequence of subordinate roofs extending from a dominant roof mass or the roof shall be specific to an architectural form which, expressed as individually roofed components of the design, come together in a total composition. c.Roof Materials: Roofs materials facing the weather shall be of high and enduring quality. Permitted roof materials include: i.High quality clay or concrete tile (with a thickness similar to clay) ii.Natural Slate iii.Metal: Traditional standing seam with standing folded and soldered seams iv.Composition: High profile composition shingles equal to or better than 40- year warranty roofing products. Three-tab shingles are prohibited v.All composition shingle roofs shall have closed valleys. d.Roof projections: No plumbing stacks, venting stacks, skylights, or arttic ventilators shall penetrate the roof surfaces facing then street or visually dominant in the street view. All such roof penetrations must be mounted straight and perpendicular to the ground (except for skylights and attic ventilators) and be painted to blend with the roof color. All venting stacks musty have lead jacks. Turbine vents are prohibited. e.Gutters, downspouts, scuppers, and collection boxes: Gutters, downspouts, scuppers, and collection boxes must be copper or an enduring prefinished metal with minimum 20 -gauge thickness (e.g. Kynar 500 or Hylar 500). Gutteres shall be a minimum 6 in., half round profile attached with gutter straps. Downspouts shall be 4 in. minimum, round. Elbows and bends shall be 4 in. minimum plain and round. f.Pitch relationships: Within the total roof composition, a single pitch will be used except where a change of pitch achieves greater order in the ridgeline presented to the street. In such cases, the change of pitch shall not be visible to the street unless the pitch change is used to cover a projected architectural form. Standard 3.6: Style Specific Details a.General: The proper execution of style specific is characteristic of enduring quality and residential areas which retain their value over time. The key aspects of employing style specific details include: 25 . b.Material: Most styles whether the style is traditional or contemporary employ materials by which crafted construction (a key aspect of architectural design) can be executed. Therefore, construction details which are traditionally derived from work of the stone mason, the carpenter, the metal crafter, the glass artisan, etc. must use a material that the characteristic craftsman can work in. The employment of systems or materials that replicate the work of a trade or artisan are prohibited. c.Relation to composition and architectural forms: Most style specific details are associated with the roof, the edges (e.g. corners and openings), and the closure to weather (e.g. cornice). Therefore, the employment of architectural detailing associated with a style must use the characteristic detailing of that style in ways authentic to the style. Standard 3.7: Fireplaces a.General: Fire places were significant components of the interior and exterior architectural identity. However, in more recent times fireplace systems have transformed the external importance of the chimney into a utilitarian concession to the mechanics of venting. It is the intent of this standard to restore the architectural importance of fireplaces as an enduring aspect of quality. b.Systems: Traditional tile construction or Isokern systems are approved for Westlake. Metal fireplace systems may be used if the external expression of the flu and its associated spark arrestor is visually undisguisable from Traditional or Isokern systems. c.Chimneys: All fire place chimneys shall be brick, stone, or stucco with a brick, stone, or tile cap. Attention shall be given to the complexity and form of the cap detailing. In addition, the street visible rise of shaft shall be detailed so that the chimney has complexity in plan as well as elevation. Prefabricated metal fireplaces and metal flus may be used but their chimneys must be masonry ore stucco clad supporting a masonry cap and present the appearance of full masonry construction. 26 . d.Chimney caps: All chimney caps must be masonry (stone, brick or tile) and fully conceal the spark arrestor or any other features associated with a non-masonry fire place construction. Standard 3.8: Gates, Walls, and Fences a.General: Gates, fence walls, and fences are aspects of the construction most often neglected in terms of their enduring quality and have significant influence on the visual quality of a community over time. Therefore, Westlake sets forth standards which are meant to improve the enduring quality of gates, walls, and fences within the town. b.Relationship to the lot: Fences are prohibited in the front yard space of any lot smaller than 30,000 sf. when it is part of a development of similarly sized (or smaller) lots. Larger lots may have entry gates in the front yard space and masonry or wrought iron walls extending from that gate. However, wood fences in the front yard or any residence is prohibited unless the property is an agricultural landscape and the wood fence is an agricultural form. c.Fence Materials: Residential fences may be any of the following: i.Masonry ii.Wrought Iron with masonry corner columns iii.Masonry corner columns and a masonry knee-wall supporting a wood or wrought iron infill. iv.Wood along property lines that are not visible to the street. Where wood fences are used, they shall be supported by vertical tubular steel supports with at least 3 2x4 stringers supporting a wood fence design with a decorative wood cap detail. The finished face of the wood fence must face to the outside of the lot, if only 1 face is finished. Wood face members of the fence shall be a minimum of ¾ inches thick. v.5 strand barbed wire or welded tubular agricultural fences where the property is greater than 30,000 sf., not located in a development where such a fence presents a contrast other fences of the development, and hosts an agricultural use or the fence is part of an agricultural theme. d.Gate Materials: Gates in residential fences may be any of the following: i.Wood with frame members measuring a minimum of 2.5 inches thick and infill planks measuring a minimum of i.5 inches thick. ii.Wrought Iron with the frame measuring a minimum of 1.5 inches square with pickets of at least ¾ in. square with welded connections. Such fences may be made of thick wall tubular steel with any finials or other decorative detailing being made of solid stock and welded to the tubular fence construction. e.Corners and expression of support structure: All property corners of a property line fence must be supported by a column that is at least 8 in. square. For wood fences 27 . that are not visible to the street, the decorative corner post may be wood. In all other applications, the decorative corner post must be masonry. f.Prohibited materials and wall types: The following fence materials and wall types are prohibited: i.Thin wall construction ii.Cast or embossed concrete walls iii.Picket materials less than ¾ inches thick iv.Iron fences with mechanical connection assemblies v.Prefabricated decorative elements that are designed to slip over stock tubular steel shapes. Standard 3.9: Entries a.General: In residential design, the entry function is the focus of architectural emphasis. Perpetuation of this importance into the future residential development of Westlake, is a feature of enduring quality that assures Westlake’s place replatoive to its own history. Therefore the entries are an important component of enduring quality in Westlake. b.Materials: All entries shall be solid wood or steel. However, pressed steel doors which are manufactured to look like wood doors are prohibited in single family or single family attached buildings. c.Articulation: The architectural form which embodies the entry shall be: (A) the dominant roof mass; or (B) engaged by the dominant roof mass. Standard 3.10: Garage Doors a.General: Garage doors are an important investment in enduring quality as the utilitarian purpose of the garage is often used as an opportunity to introduce cheaper and less enduring door types and/or materials. Therefore, garage doors are viewed an aspect of enduring quality. b.Styling: When garage doors are facing a street, double doors are prohibited and paired single doors are permitted. Therefore, where garage doors face a street, garage doors shall not exceed a width of 9 feet. All garage doors shall have masonry, stone or stucco over the garage door up to the soffit. Cornice details shall continue V 28 . uninterrupted over the garage door. All garage doors shall be recessed a minimum of 12 inches. Adjacent doors in the same building plane shall be separated by at least 12 inches of building veneer. c.Materials: All garage doors shall be solid wood on a metal door frame. Standard 3.11: Exterior light fixtures a.General: The means and method of lighting is an enduring feature of quality for Westlake. Proper lighting is a designed effect which is as important to the architectural quality of the Town as the buildings themselves. b.Types Lighting: Pole-mounted lighting or building mounted high intensity lighting, or foundation mounted up-lighting is prohibited on any lot small than 1 acre. Or any lot in a development of lots as the continuity of light treatment is an important feature of the broader visual character. Landscape lighting is encouraged. c.Size: Exterior wall or plinth mounted light fixtures shall be at least 12 inches tall, exclusive of decorative finials or brackets. d.Light: The light source (regardless of type) shall emit a soft or warm white light (2700 degrees Kelvin or higher) e.Materials: Exterior wall mounted or plinth mounted lights shall be crafted of metal with soldered or welded connections. Cast aluminum or iron light fixtures are prohibited. Standard 3.12: Street visible Wrought Iron a.General: Wrought Iron is one of the few areas in the elevation of a residence where qualities of craftsmanship can be displayed. Because craftsmanship is an important aspect of enduring quality, wrought iron railings, fences, gates, and/or other wrought iron elements is also an important aspect of enduring quality. b.Dimensions: Minimum dimensions for wrought iron are: c.Frames and other structural support of the pickets shall not be less than 1.5 inches in either width measurement or 1.5 inches in diameter if round. d.Pickets shall not be less than ¾ inch in width or diameter. e.Panels shall be made of metal plate material with a minimum thickness of 3/16 inch. f.The wall thickness of any tubular steel shall be ___ inches. g.Visual treatments and decorative elements: Decorative elements (such as finials, rings, etc.) shall be made of solid stock and welded to the pickets or frame as per the design. Attachment of pickets to frame and all other components of the wrought iron construction shall be welded, mechanical connections are prohibited. 29 . Section 4: Non-residential Construction Quality Standards This Section sets forth the desired standards that must be implemented when designing a n0n- residential structure in Westlake. These standards are intended to: Establish a recognizable enduring quality of Westlake’s non-residential building stock. Maintain and perpetuate the distinctiveness of Westlake that derives from existing and exemplary Westlake projects such as Deloitte and Solana. Promote new development that has: o Dimensional relief o High craftsmanship and workmanship o Quality materials and construction methods The design of each non-residential structure in Westlake must demonstrate conformance to the standards specified below prior to receipt of a building permit. The Town Building Official shall determine if a standard has been met or a satisfactory “as equal” substitution has been proposed. More specifically, the standards applicable to non-residential are: 1.Site-work and Site Design a.General: Site-work includes all aspects of site preparation that are related to the creation of a building site within a platted lot, parcel, or tract of land. It is the intent of these standards to create more distinctive non-residential fabric that avoids characteristics common to commercial strip development or speculative office projects. b.Relationship to adjacent developments: Although most non-residential projects are contained within projects specific to a particular lot, tract or parcel; Westlake seeks to avoid the segmentation of its non-residential fabric commonly associated with project autonomy by promoting project interconnectivity. Key features of interconnectivity include: i.Vehicular Connectivity: Where an adjacent property provides circulation stub- outs, such stub-outs should be extended to and connected with the vehicular movement patterns of the subject site. ii.Pedestrian Connectivity: Where an adjacent property provides Trail and Pedestrian-way stub-outs, such stub-outs should be extended to and connected with the vehicular movement patterns of the subject site. iii.Landscape Connectivity: Where an adjacent property provides open space or streetscaping along a major arterial required by the Westlake 2015 Comprehensive plan, such open space or streetscaping should be extended to and connected with the open space and streetscaping patterns of the subject site. iv.Natural Feature Connectivity: Where an adjacent property preserves a plant community, landmark landform, or other natural feature that extends into the subject property such natural preservation should be extended to and connected with a reserved continuation of the plant community or natural feature into the subject site. 30 . c.Condition during construction: Every lot, parcel, or tract which is the site of non- residential construction must maintain the site in the following condition from the start of site-work to the completion of building construction thereon: i.Containment of all construction debris in locations generally screened from public view by a built or natural screen. ii.Removal of all excavated material within 45 days of the excavation work unless the excavated material is being stockpiled for reuse on the subject site. In which case, excavated material shall be stored in a location on the site most concealed from public view. If the building plate configuration prohibits such location, then the Town Building Official shall consider and approve an alternate site location. iii.Removal of all plan material and biomass within 2 days from any grubbing, tree removal, tree pruning, shredding, and/or other trimming/ selective cutting activity. iv.No more than 1 temporary builder/developer sign. v.No more 1 premise announcement sign per structure even though the contiguous structure may contain multiple premises. However, the single sign structure can announce the individual premises where multiple premises in a contiguous structure exists. vi.Location of any temporary sanitary facilities at a place within the site that is not visible to the street. If street visibility is unavoidable, then the temporary sanitary facility must be screened with an earthen berm, temporary landscape screen, or a decorative wood screen. Location of any temporary sanitary facility so it is visible to the street shall require approval of the location and the method of screening by the Town Building Official. The building and site-work contractor shall keep a set of permitted construction plans on-site so they may be viewed by a Town official when deemed necessary by that Town Official. The on-site construction set shall also show any change orders or “as built” conditions which are different than the permitted drawing set. d.Drainage: All drainage swales and/or drainage ways shall be designed and constructed so as to create natural looking ground conditions. Therefore, artificial appearing side slopes, detention/ pool geometries, and/or visible flow lines that are overly angular or straight, retention/detention facilities that are square/ angular/or any regular geometric shape shall be avoided. e.integration of water Generally, the commercial areas of Westlake (such as the Regional Commercial District or the Community Commercial 1 District) are located toward State Highway 114, in places where the lower elevations of Westlake exist. As a result, such areas also become the general repository of Drainage flows as such flow makes its way to lake Grapevine. These areas possess a greater potential to integrate water with site design so that a more organic relationship between development and water exists. Therefore, site work in Westlake shall accommodate natural flows in natural or natural like conditions that have influence on the form of development. 31 . f.Parking: Due to the higher parking demand rate associated with non-residential construction, construction parking is often a problem unless it is coordinated by a parking management plan which prevents random parking at tree lines, within drip lines, and amidst native vegetation, etc. which normally exists at the edge of the construction zone. Therefore, non-residential site work in Westlake shall require determination of designated parking areas which avoid tree drip lines, edges of wooded areas, and patches of native vegetation so that the native fabric is not further displaced beyond the construction zone by random parking. g.Tre e protection: Tree protection: All trees remaining on a lot, parcel, or tract and exposed to the building activity or within 20 feet of the building site (hereinafter regulated trees) shall be protected as follows: i.Tree fencing: Regulated tree trunks shall be protected with a visible “tree fence” at least 48 in. tall and protecting the tree and ground around the tree to a minimum 10 ft. distance from the trunk of the tree. ii.Tree marking: All Regulated Trees shall be marked with a sign stating “Protected Tree”. iii.Ground compaction avoidance: Measures shall be taken to minimize ground compaction within the dripline of Regulated Trees as follows: 1.Prohibiting parking under the drip line of a Regulated Tree 2.Routing construction and equipment traffic so as to avoin the drip line of a Regulated Tree 3.Prohibiting the storage of any material, equipment, debris, or excavated material within the drip of any Regulated Tree 4.Avoiding, where possible, any grading within the drip line of a Regulated Tree. Grading within the ground protected by a Tree Fence is prohibited. iv.Maintenance of normal hydration: Measures shall be taken to maintain normal hydration for any Regulated Tree by: 1.Preventing the accumulation of storm water runoff within the ground plane area of any Tree Fence. 2.Avoiding increased levels of hydration from temporary irrigation system. 3.Restoring hydration where the source of hydration has been disrupted by the construction activity. v.Preserve Tree Communities: Where a residential development is consider h.Grading: Grading for non-residential construction and/ or the creation of a building site shall: i.Avoid steep grades: Westlake is distinguished by its dramatic and varied topography. Further, it is the intent of Westlake to preserve the distinctiveness of this ground plane as much as is reasonably possible. To that end, non- residential site work in Westlake shall: 32 . 1.Submit a grading plan for Town approval that identifies the existing topography and proposed topography after grading as well as any proposed grade retaining structures. 2.Any proposed grading which engages a natural slope of 10% or greater shall acquire Town approval. 3.To the extent reasonably possible, Westlake encouraged that grade changes across a site be accommodated with architectural solutions that are integral to the primary development and not with independent retaining structures meant to create lot pads where vertical development occurs independent of natural grade. ii.Take place within the “Building Area”: Any construction grading within a lot, parcel, or tract shall be limited to the Building Area identified on the permitted grading plan page of the permit drawing set. Delineation of the Building Area shall also identify where grading equipment shall be stored, if stored on site. The building Area delineation shall also identify where excavated material will be stored, if such material is to be stored on-site. iii.Conform to the standards for tree protection: All grading shall confirm to the standards for tree protection specified above. Tree preservation zones shall be delineated with a tree protection fence prior to the start of grading. g.Screening: Westlake seeks to create a view of development both in-process and completed that is not cluttered by the presence of storage, temporary facilities, or utility services. Therefore, every reasonable effort shall be made to screen such aspects of the site work as follows: i.Storage: Storage of excavated material, construction debris, and construction materials shall be accommodated in an orderly way so that standing storage areas which remain on-site for more than 10 days are effectively screened from street view by: 1.Temporary earthen berm 2.Wood fence 3.Natural/ native landscape Each building site is encouraged to designate a storage area that will serve the project. ii.Temporary Facilities: Temporary facilities such as construction trailers and sanitary facilities shall be located as follows: 1.Construction Trailers may be located in convenient and accessible locations fronting a street provided that such trailers are in good condition, with visibly designated parking, provide foundation screening, and have a porch and stair entry with entry door cover. Construction trailers not having these features shall be located toward the rear of the property in less visible locations. 33 . 2.Sanitary Facilities shall be located toward the rear of the construction site in places less visible to the street. Sanitary facilities shall be grouped and not spread out. Facility groups shall be screened with a 6ft. privacy fence that provides concealment but still allows access by service vehicles. iii.Utility and trash Services for the vertical development: Typically, non-residential construction requires large electric transformers which are typically located in proximity to electric ROW’s along major arterials. Where such transformer facilities are necessary to serve development or where trash facilities are necessary to serve development, they shall be screened in one or a combination of the following ways: 1.Landscape Screen: Electricity Transformers may be screened with native grasses attaining a height of 4 ft. in combination with native trees and shrub materials planted in natural drifted forms or other forms that are part of a Master Landscape Plan. 2.Built Screen: Both Electricity Transformers and Trash facilities may be screened with a masonry screen that is an extension of on-site retaining walls, decorative walls, or other screening walls 3.Architectural Screen: Both Electricity Transformers and Trash facilities may be screened with an architectural feature that is an extension of the development architecture or an accessory structure with visual qualities of the development architecture. h.Loading: Loading areas for non-residential development generally require sufficient maneuvering area for larger service vehicles. Therefore, loading facilities must be sufficiently screened or more integral with the development architecture, thereby making such facilities less apparent. Loading facilities in non-residential construction must be either: i.Screened: All loading facilities meant to accommodate trucks with 3 axels or more must be so located that such facilities do not front a public street. In addition, street views of such facilities must be screened with one of the following: 1.A landscape screen comprised of evergreen screening trees and shrubs that effectively screens at least 70% of the facilities street visibility (excluding and driveways). 2.A built masonry screen that is at least 8 ft. and is an extension of the architectural plane of the primary building. ii.Architecturally Integrated: Loading facilities may be architecturally careened, meaning that the loading bays and drives are components of: 1.A parking structure 2.A building extension which encases the loading facility 3.A lower floor covered by an upper floor that is supported so that the loading facility is subordinated to the upper floor. 34 . i.Building mechanical Services: 2.Walls a.General: Walls express the mass of the structure and convey its sense of permanence. Where there is greater relief in the wall, there is a greater sense of mass conveyed through the deeper inset of void areas and the consequent shadow. This conveyance of mass is most dramatically seen in the Legaretto’s design of Solana. Westlake, views the sense of greater mass as characteristic of the Town and indicative of enduring quality. Therefore, the walls of non-residential construction in Westlake must demonstrate the following features: b.Wall systems: Generally, veneer walls over frame construction are discouraged in non- residential development unless the frame adds dimension to the wall to replicate the relief of a load-bearing masonry construction. Whether a modified frame or a load bearing masonry wall the offset between the exterior wall plane and the surface of any window or door shall be a minimum of ___8 inches. Where masonry spandrel systems are employed for taller buildings, such systems must provide the same relief. c.Wall finishes: All non-residential construction in Westlake shall be a predominantly masonry finish. The percent of masonry on the exterior of any non-residential building, excluding the areas of fenestration, shall be as follows: i.1 story: 100 % shall masonry ii.2-3 story shall be no less than 60% masonry iii.3-5 story shall be no less than 50% masonry iv.Over 5 story shall be approved by the Town Where the masonry system or technology used requires control joints or expansion joints, such joints shall be concealed as follows: v.Hidden by a finish detail that covers the joint vi.Concealed with an architectural detail (such as the inside corner of intersecting forms or pilaster or the line of a projected belt course or sill course, etc.) d.Accepted masonry: The accepted Masonry materials include: i.Brick that is laid in running bond or other structural stone bonds (e.g. Flemish bond) and stone spandrel panel systems that use full dimension brick and have the appearance of structural bond application. ii.Natural Stone that is coursed in a load bearing patterns (Mosaic patterns are prohibited unless specifically approved by the Town). iii.Smooth face Stone or cut stone that is coursed or attached with stone veneer systems which use true stone cut for such applications. iv.Unit Concrete Masonry that is rough face or split face v.Stucco that is applied to a unit masonry substrate. When not applied to a unit masonry substrate, the stucco application may be considered an accent material and is permitted to be used as a non-masonry material to the permitted percentage of total wall specified above. 35 . e.Accepted non-masonry materials: Non-masonry materials may be used in combination with masonry as specified in “c” above. Accepted non-masonry materials include: i.Stucco over a substrate other than unit masonry ii.Commercial metal panel systems or steel plate with a minimum ¼ in. thickness (including Corten) iii.Special glass or other fabricated panel of a fired material that is an intrinsic aspect of the architecture and approved by the Town. f.Horizontal relationships within the wall: Unless there is a specific compositional intent to an arrangement of openings within the wall plane, such openings shall general align horizontally and vertically. However, the use of ribbon glass is prohibited. g.100% glass structures: In accordance with item “c” above, non-residential buildings sheathed in glass or glass systems are prohibited. 3.Openings a.General: Openings in the architectural wall plane and the treatment thereof is important to Westlake as an enduring aspect of both quality and identity. Legoretto’s deep set piercings (for openings) of the massive wall planes of Solana illustrate that the sculptural qualities of this design are, to a significant extent, visually conveyed by the articulation of openings. Similarly, the horizontally and vertically aligned placement of openings in the Deloitte elevation allows material changes in the wall plane separating windows to create graphic patterns. Westlake views the innovative and articulate treatment of openings to be a significant aspect of enduring identity and building quality for the Town. b.Glazing and glazing systems: Reflective glass is prohibited. Glazing systems may be used only if the final installation has the visual qualities of a window. Buildings exteriors that are comprised of glazing and a glazing system are prohibited unless special approval, of such use of glass, is authorized by the Town Council in recognition of architectural excellence. c.Off set at the wall: It is the intent that openings be deeply set into the mass of the wall. Therefore, a ___ in. offset is required between the plane of the opening and the plane of the wall. d.Articulation: Non-residential buildings in Westlake will express window openings as voids in a contiguous wall plane. Therefore, ribbon glass and totally glass buildings are prohibited unless special approval, of such use of glass, is authorized by the Town Council in recognition of architectural excellence. The relationship of void to solid shall not be greater than 50% void…meaning that the area of void cannot amount to more than 50% of the solid wall area unless special approval, of a greater ratio, is authorized by the Town Council in recognition of architectural excellence. However, areas of solid glazing are permitted, provided that they: i.Are associated with, and limited to, an articulated sub-mass of the building design. ii.Are limited to an area beneath a projecting roof that defines the area of glass apart from the rest of the wall 36 . iii.Where transparency of the ground floor is a key feature in the “ground level” interaction as described below. 4.The Ground level a.General: The relationship between the ground plane and a non-residential structure is key to the structure’s participation in the aspect of Westlake common to all development. The Town desires that a building’s interaction with the ground is one that participates in human activity (where such activity is prevalent) or responsive to natural setting. Therefore, the ground floor of any non-residential structure is an enduring aspect of building quality in Westlake. b.Pedestrian accommodations: The visual message of any non-residential, as it interacts with pedestrian use of the ground plane is “come-in” instead of “stay out”. To have such an inviting message, the portions of the structure interacting with the ground plane must embody such feature as: i.More transparent ii.Barrier free iii.Highly amenitized for the comfort and pleasure of pedestrians iv.Create favorable micro-climate conditions v.Externally express internal building activities c.Natural accommodations: The visual message of any non-residential structure that located in a special relationship with a natural feature must embody such features as: i.Allow a blending if interior and exterior that is not defined by the building wall ii.Allow the pedestrian to stand in a special relationship to a natural feature or natural system…such as a pedestrian overlook at a lake edge. iii.Limit all intrusions into the natural feature or system to the architectural plane of the structure. Creation of a building pad apart from the walls of the structure is prohibited where such pad encroached on special natural features or systems. 5.The roof a.General: For the most part, Westlake non-residential design employs a pitched roof form with a few exceptions. Westlake seeks to maintain a general continuity throughout its non-residential fabric while encouraging the innovative use of roof forms as a major architectural feature. Therefore, the roof as an architectural feature is an important design element that sets Westlake apart from other cities and Townships in the Highway 114 corridor. b.Roof forms. Generally roof forms are either: i.Gable form ii.Hip form iii.Barrel form iv.Shed form v.Flat It is essential that the roof design is simple with clean and uninterrupted ridge lines and that multiple roof forms are not intermingled unless differing forms are used on subordinate 37 . architectural features as part of a complete composition concept. Therefore, while gable and hip forms can be combined, the combination of other roof forms is generally discouraged except where specific architectural purpose is served. A flat roof may be combined with any roof form. Roof forms other than those listed above are prohibited unless specifically approved by the Town. c.Roof materials: Non- residential roofs must employ only quality roof materials. Approved roof materials include: i.Metal Roof, including commercial metal systems that create uniform seams that run parallel to the rake or perpendicular with the rake. However, such commercial systems must have closure details and closure fabricated trim that is low profile. Where a commercial system is employed, the roof form must be simple so that the mechanics of the system are not consistently compromised to accommodate unusual roof intersections, crickets, complex valleys, short hips. ii.Tile where the relief of the tile (if a cementitious product) is consistent with the relief normally associated with a clay tile product. Where a barrel tile is used, the architecture of the structure must be appropriate for the employment of such a style specific roof material. iii.Slate which includes a natural slate and manufactured slate that provides the appearance of a natural slate. Man-made slate products must be guaranteed against fading. Hips shall be mitered. iv.Built-up or membrane roofs are acceptable for flat roof applications when installed in accordance with the manufacturer’s specification and qualifies for a warranty and where a flat roof is concealed behind a minimum 10 in. parapet. Composition roof products are prohibited in non-residential applications. d.Legibility: In non-residential applications, it is essential that the roof have a clear and legible composition. Therefore, a roof must be associated with a clear architectural mass from which it derives its form. 6.Parking: a.General: The generally greater parking demand of non-residential development produces large expanses of parking apron that tend to isolate the development structure within a zone of parking, thereby detaching the primary structure from a desired relationship with the landscape. To avoid the visual dominance of parking areas that isolate buildings non-residential parking in Westlake must meet the following standards in addition to any parking landscape requirements contained in the Westlake Code of Ordinances or an individual PD Ordinance. b.Form and expanse: Where surface parking areas engage natural water or land features, the parking geometries shall avoid straight lines and introduce curvilinear parking edges that are more associated with the natural landscape they engage. In addition, surface parking areas shall avoid large single expanses where any single expanse of uninterrupted parking apron exceeds ___% of the land area less the building footprint. 38 . c.Relationship to street: Surface parking areas shall avoid creating edges that parallel street pavement and abut the street parkway with a curvilinear edge. d.Ruralization or urbanization of the parking facility: There are ___Character Districts ascribed to Westlake in the 2015 Comprehensive Plan which describe settings that are more urban (e.g. The Regional Commercial District) and settings that are more rural (e.g. Community Commercial 3 District). In each of these settings, when surface parking is associated with non-residential development, the parking itself is a significant component of the visible landscape and should embody features consistent with the nature of the Land Use Character District in which such surface parking is located. Therefore, surface parking related to non-residential development in Westlake shall embody qualities of layout and landscaping that contribute to implementation of the Land Use Character District in which such surface parking is located and include the following: i.Layout: Surface Parking areas located in Regional Commercial and Community Commercial 1 Districts shall compliment the more urban character of such districts by maintaining regular geometries in layout and parallel arrangement of parking rows. However, in more pastoral areas (e.g. Community Commercial 2 and 3 Districts and certain Town Community Districts in closer proximity to Dove Road) shall employ a curvilinear layout wherein the undulating rows open up areas of landscaping which further breakdown the normal expanse of parking. ii.Landscaping: The dominance of landscaping becomes more important as the surface parking areas are located in more pastoral Land Use Character Districts. Therefore, surface parking areas located in Community Commercial 2 and 3 Districts and certain Town Community Districts located in close proximity to Dove Road must provide landscape areas within the parking layout that permit the drifted clustering of native trees. These landscape areas, in aggregate, for and single parking layout must permit at least 1, 3.5 in caliper tree (measured 12 in. above the root flair) for every 10 parking spaces and comprise a planting space no smaller than ___% of the total surface parking lot. 7.Screening a.General b.Relationship to the primary building c.Materials, height, and opacity Section 5: Landscaping 1.General a.Extension of and integration with the indigenous natural fabric b.Natural forms over ornamental c.Rural and urban treatments d.Tree preservation 39 . e.Native plant community preservation 2.Residential landscaping 3.Non-residential landscaping 40 Plan ElEmEnts: Housing Plan 267 Part three: the Plan elements section seven: the housing Plan INTRODUCTION It is noted in the Economic Development Plan to follow that broadening housing choices and neighborhood amenities would make Westlake a more attractive location for the nation’s top employers, which will, in turn, drive demand for high- quality, high-value housing options. With total non-residential entitlements in place approaching 25 million square feet, it is critical that Westlake position itself as a premier destination for employers to ensure a sustainable future and preserve the value that exists in the area. Solana is a picture of what happens in a community that attracts corporate locations. Those corporate locations move on leaving behind specialized building plates that are difficult to adapt to a speculative market. Therefore, Westlake must make sure that it is on top of its game in terms of retention and lifestyle offerings or the changing landscape, as a result of abundant entitlement, will leave corporate centers wanting for the environmental assets they saw at the outset. Among the key Plans (including the Economic Development Plan, Land Use Plan, Thoroughfare Plan, and Open Space Plan) to attracting and retaining the region’s top employers is the Housing Plan. Westlake Comprehensive plan Update268 Current Westlake Housing Offerings Currently, Westlake generally offers one type of housing product: large lot or acreage home sites in communities that generally attract affluent mature professional households, which are drawn to Westlake’s pastoral setting, high-quality schools, and amenities. With a significant amount of commercial space planned for the area, along with strong access to existing employment centers, market forces will enhance Westlake’s appeal to a more diverse set of households, leading to market opportunities for a wider variety of housing options. It is not that Westlake must offer a residential product for every budget and household type (lower priced product and rental products can be offered in communities that have transportation connections to Westlake), but a wider spectrum of high-quality housing types will broaden the appeal of Westlake for executive decision-makers as well as the talent they seek, many of whom command high compensation but have varying housing needs and purchase motivations. If the Town is unable to offer products besides those currently available, surrounding areas could secure the highest quality employers, and with them, more affluent households. It can be said that the “quasi-rural estate” house type that prevails in Westlake speaks to its position as a quiet Township on the edge of the urban outreach of Dallas and Fort Worth. However, with continued rapid growth of the SH 114 corridor and the magnitude of non-residential entitlement currently held within the Planned Developments, Westlake’s current “edge” condition will transform to one that is more centrally located. Therefore, the question is whether the Town can maintain the benefits of its edge character in the midst of inevitable growth. Key to this is to protect the current residential portions of Westlake by proper transition to the non- residential portions through higher priced housing options that preserve the sub- market that Westlake possesses and attract higher value non-residential development (also important to the preservation of residential value). This Housing Plan seeks to accomplish value preservation through coherent sub-market definition and land use transition. Figure 151 illustrates the distribution of residential entitlement and zoning within the Town of Westlake as of August 2014. Note that there is a diversity of housing product permitted by current entitlement/ zoning with no specification of price point. Further, the pattern of distribution is fairly random, raising the potential for land use conflict between residential and non-residential development. Such land use conflicts (in situations where the residential use is not apart of a “mixed- use” designation) weakens both the value of the non-residential development and the residential development as well as the desirability of Westlake as a location for higher end residential product. It is likely that residential use close to the freeway (such as the 6,000 sf lots in PD-3) will not be able to command the price that PD 3-1 (Vaquero Estates) commands. This begins a potential trend of broad price diversification. The current random distribution of product type and price point must be encouraged to redefine itself as coherent pattern of sub-market communities that transition toward the non-residential uses, which is the intent of this Housing Plan. Metroplex Executive Housing Corridors In the past 30 years, executive housing Plan ElEmEnts: Housing Plan 269 corridors have emerged outside of Loop 635. The area north of Loop 635 along the Dallas North Tollway represents the most robust growth corridor, garnering a large share of executive household growth over the last three decades. The SH 114 corridor northwest of DFW airport including Southlake, Trophy Club, and Westlake, represents another strong executive housing concentration. The area’s strong schools and access to employment located along SH 114 will continue to draw affluent households to the area. Likewise, additional employers will likely be drawn to the area as the concentration of executive households continues to grow and as housing options that appeal to a variety of household types and lifestyles, critical to attracting the best employers, evolve. Currently, Westlake attracts executive households largely between the ages of 35 and 64, accounting for 87% of households earning over $200,000 within a 15-minute drive of Westlake Town Hall. About 3% of these affluent households are between the ages of 25 and 34, and 10% are over the age of 65. Other executive housing corridors throughout the Metroplex feature affluent households across a wider range of ages. For instance, 6% of Plano’s affluent households, and 10% of Las Colinas’ affluent households are between the ages of 25 and 34, many of whom may aspire for the large home on a large lot but may currently require a home more accommodating to their life stage and lifestyle. These are future “move-up” buyers in Westlake that the area currently does not attract. In addition to younger households, other executive housing corridors also feature a larger share of affluent retirees with 21% of affluent Las Colinas households and Figure 151: Current Residential Entitlement Distribution Westlake Comprehensive plan Update270 13% of Plano households over the age of 65. Westlake currently contains only about 17 of these households according to 2013 data from ESRI Business Analyst. The introduction of product types appealing to older households will allow Westlake’s current mature professionals and empty- nesters to remain in the community and downsize to a more suitable product; perhaps a product that is lower maintenance but not lower quality. Figure 152: Median Home Value by Block Group: Dallas-Fort Worth Metroplex Source: ESRI Figure 153: Households Earning Over $200K by Age: Dallas Executive Housing Corridors Source ESRI 0% 20% 40% 60% Under 25 25-34 35-44 45-54 55-64 65-74 75 and over Westlake Plano Las Colinas Central Dallas Plan ElEmEnts: Housing Plan 271 Overall, Westlake’s quality of life will appeal to a variety of affluent market segments currently not present in the area. The Town’s strong access to SH 114, appealing site aesthetics, and open space are already major draws. The addition of employment and supporting retail uses will help attract affluent young professional and retiree households seeking a more mixed-use environment. The level and quality of these offerings will determine what share of high-earning households Westlake will capture (or lose to communities offering more mixed-use settings). New Home Demand Summary The majority of Northeast Tarrant County’s new housing demand is concentrated at prices below $750,000. While this area contains almost 14,000 households earning over $200,000, Westlake is capturing a small portion of this demand because it offers predominantly large-lot products that appeal only to a certain type of buyer. The inclusion of more product types will allow Westlake to capture more of these affluent households, and, thus, higher-quality employers. Employee housing priced under $750,000 (or higher) can be accommodated in areas outside of Westlake. In particular, Westlake’s quality of life will appeal to affluent households without children encompassing 57% of total demand for homes over $500,000 north of Southlake Boulevard. These households will be more motivated by Westlake’s strong access, site aesthetics, and access to employment and retail when compared to households with children, who are largely motivated by the presence of Westlake Academy. Young professionals and young families, classified as households age 25 to 34, will generate annual demand for more than 15 new homes priced over $1 million in the area north of Southlake Boulevard. According to the U.S. Census, Westlake currently contains just three affluent households between the ages of 25 and 34. Retirees will be another large source Figure 154: Office Space and Housing Correlation in North Texas Cities 0%20%40%60%Under 25 25-34 35-44 45-54 55-64 65-74 75 and overWestlakePlanoLas Colinas Central Dallas Westlake Comprehensive plan Update272 with demand for more than 11 homes per year over $1 million. With just 17 current affluent retiree households in Westlake, the area is likely to see a strong increase in households over age 65 as commercial uses are added and mature professional households age in place. The market trends noted above establish that emerging market conditions in Westlake will include demand for more diversified housing options, and the inclusion of a variety of housing types will allow Westlake to preserve the Town’s value, attract younger buyers, meet the future housing needs of an aging population, and mitigate value encroachment. Current entitlements allow for more than 2,000 single-family residential units and 330 multi-family residences, which establish that zoning is in place to allow more diversified housing options. Although 0 3 107 594 340 606 0 100 200 300 400 500 600 700 Less than $150K $150,000 - $199,999 $200,000 - $249,999 $250,000 - $349,999 $350,000 - $499,999 $500,000 and above Employee Housing Outside of Westlake 3 64 34 17 71 109 44 54 0 20 40 60 80 100 120 Young Families (25-34)Mature Professionals (35- 54) Empty-Nesters (55-64)Retirees (65+) Existing Westlake HH, Incomes over $200K Annual New Home Demand: North of Sotuhlake Blvd. Alternative Households Attracted to Westlake with Alternative Product Preferences Alternative Households Attracted to Westlake with Alternative Product Preferences Westlake Target Households 0 3 107 594 340 606 0 100 200 300 400 500 600 700 Less than $150K $150,000 - $199,999 $200,000 - $249,999 $250,000 - $349,999 $350,000 - $499,999 $500,000 and above Employee Housing Outside of Westlake 3 64 34 17 71 109 44 54 0 20 40 60 80 100 120 Young Families (25-34)Mature Professionals (35- 54) Empty-Nesters (55-64)Retirees (65+) Existing Westlake HH, Incomes over $200K Annual New Home Demand: North of Sotuhlake Blvd. Alternative Households Attracted to Westlake with Alternative Product Preferences Alternative Households Attracted to Westlake with Alternative Product Preferences Westlake Target Households Figure 155: Annual New Home Demand Northeast Fort Worth Sub-markets: 2015 – 2030 Source: ESRI, Metro Study, RCLCO Figure 156: Annual New Home Demand Summary, Northeast Fort Worth Sub-market, Homes Priced Over $500K Source: US Census, RCLCO Plan ElEmEnts: Housing Plan 273 it is not constitutionally permissible to decline the approval of housing projects that conform to zoning, which could include housing projects at relatively low price points, the Comprehensive Plan can protect price point through constitutionally appropriate means. Without a plan, unplanned emergence of market diversification could weaken sub-markets that already exist, leading to value erosion. As shown in Figure 158, the current entitlements promote spatial chaos, and potential instability could lead to weakening of Westlake’s price point advantages. 0 3 107 594 340 6060100200300400500600700Less than $150K $150,000 -$199,999 $200,000 -$249,999 $250,000 -$349,999 $350,000 -$499,999 $500,000 andaboveEmployee Housing Outside of Westlake 3 64 34 17 71 109 44 54 0 20 40 60 80 100 120 Young Families (25-34) Mature Professionals (35- 54) Empty-Nesters (55-64) Retirees (65+) Existing Westlake HH, Incomes over $200K Annual New Home Demand: North of Sotuhlake Blvd. Alternative Households Attracted to Westlake with Alternative Product Preferences Alternative Households Attracted to Westlake with Alternative Product Preferences Westlake Target Households Figure 157: Existing Westlake Households and Annual New Home Demand: Incomes Over $200K, Homes Priced Over $500K Source: ESRI, Metro Study, RCLCO Figure 158: Current Residential Entitlement Distribution Westlake Comprehensive plan Update274 There are four housing objectives for the Town of Westlake that can be met by the Housing Plan: 1. Preserve value in a changing context. What is necessary to assure that Westlake continues to capture the higher-end market? 2. Diversify the higher-income market to attract younger buyers. What can Westlake do to get more of these buyers in Town? 3. Meet future housing needs of an aging population. How does Westlake provide high-quality products to accommodate life stage changes? Must they leave the community? 4. Mitigate value encroachment. As Westlake grows toward SH 170 and Keller, how does Westlake keep this from eroding value overall by generating lesser comps? Existing housing entitlements do not accomplish the above objectives. Various products and price points are incoherently distributed across the Town, and several land use conflicts exist, both of which can lead to instability and degradation of value and price point advantage. The recommended strategy to accomplish the above objectives involves the establishment of distinct sub-markets within the Town to create an orderly distribution of varying uses within a single, multi-faceted community. The purpose of the sub-markets is to provide commercial separations, accommodate traffic, and overcome any associations with external markets encroaching upon Westlake. Sub-markets will have a spatial definition relative to market attractors rather than competition and will be separated and connected by thoughtfully distributed amenities, trails, and open spaces. Each sub-market has specific attractors, some of which will be shared among sub-markets. Preserving value in a changing context: Of paramount concern to citizen participants in the Public Planning Workshops is the maintenance of education and amenities, and the fact that context associations are essential to preservation of value. Amenities, protections from commercial encroachment, elimination of traffic inundation, and preservation of access to quality services and shopping are key elements to value protection and even enhancement. The configuration of sub-markets along Dove Road without Figure 159: Sub-Markets and Sub-Market Attractors Plan ElEmEnts: Housing Plan 275 spatial definition will likely only corrupt each other. With a logical array about a Town Common that sequences from larger lot/ higher price point to smaller lot/ higher price point, the sub-markets can co-exist, and overall value is preserved through clear spatial definition. In terms of commercial uses, corporate centers located within Westlake enhance the Town’s desirability for executive housing and more generally preserves the contextual assets that support higher residential value and quality of life. Diversify the higher-income market to attract younger buyers: Younger, affluent buyers are purchasing product nearby, or even in more distant nodes, but not in Westlake as evidenced by the lack of product diversity. The locational advantages of Westlake appeal to many of the purchase motivations of young, affluent consumers including access to SH 114, appealing site aesthetics, and good schools (if pre-family buyers). Missing from Westlake are dynamic mixed-use projects that can satisfy the desire for urbanity while also respecting the natural environment of Westlake. With the sub-market plan, urbanity and open space can co-exist to deliver an environment unlike any other in the Metroplex. Young buyers are seeking quality in product, sense of place, and convenience but not necessarily large lots, and most importantly, convenience. Given their purchase motivations and product desires, the sub-market designed to target these individuals is located closer to the school, close to the park, with convenient access via trails to all desired destinations. Product types could be priced over $800,000 or $1 million, but would come in lower maintenance forms such as villas and small-lot detached homes designed for busy lifestyles and convenience, without sacrificing quality. Meet future housing needs of an aging population: Another market audience largely missing in Westlake is 65+ households seeking simpler, lower maintenance, high-quality product. Product types appealing to this buyer include higher density (townhomes, villas, and garden residences), higher security, and lower maintenance typologies with housing interiors capable of handling art and furnishings of the wealthy older folks. The ideal size of these projects is approximately 15 to 35 acres, making them ideal for small parcels north of Dove Rd., as transitional between lower- density, single-family development and commercial development. Mitigate value encroachment: The purpose of this sub-market is to accommodate market encroachment from lower price point borders without corrupting the strong sub-market pricing and values Westlake enjoys. The primary planning premise for this sub-market is to provide spatial separation of the different price point sub-market in a way that is not experientially connected to the other sub-markets in the Town. This will happen along the common border with Keller for properties accessing the widened Dove Rd., west of Davis Blvd.. Much of this property is currently zoned commercial, but the Town can incentivize the owner to return the property to residential use through a commercial development square foot transfer mechanism described in the Land Use Plan. Westlake Comprehensive plan Update276 Figure 161 projects the potential market activity by sub-market if value preservation measures and spatial definition can be accomplished. Figure 160: The Housing Plan Figure 161: Potential Housing Market by Sub-Market Representative product types that could be accommodated in the above sub- markets could include the following: Plan ElEmEnts: Housing Plan 277 Alternative Housing Product 1 Alternative Housing Product 2 Westlake Comprehensive plan Update278 Alternative Housing Product 3 Alternative Housing Product 4 Plan ElEmEnts: Housing Plan 279HOUSING PLANDISCLAIMER: The Housing submarket configuration and lot size recommendation for such configuration, in no way modifies any approved PD Plan, PD Ordinance, or zoning nor does it give any area currently entitled additional residential entitlement. The transition of existing non-residential areas to a residential use or the amendment of the permitted lot size/ unit density of any Planned Development Ordinance or zoning which permits a residential use; shall be determined through a cooperative Town/ property owner process which takes place as site plans , requests for amendment of any existing Planned Development Ordinance, and/or requests to transfer commercial square footage from one land use district to another are submitted for Council approval (when the legal mechanism for such transfer has been adopted by the Town of Westlake). See Section G of the Implementation Plan policy related information.The Housing Plan is a value preservation strategy that seeks to protect Westlake’s unique position as a place for high value residential as the Town grows. Howev-er, Westlake’s present day status as a retreat away from the rapid urban expansion of Dallas and Ft. Worth will see dramatic change as the Town becomes surrounded by, and central to, the emerging urban condition. In this setting, Westlake will become attractive to multiple housing markets and price points. In addition, current Zoning and Planned Development Ordinances grant residential rights to various land owners for significantly smaller lots and rental units. These residential entitlements are embedded in the sub-districts of various Planned Development Ordinances, resulting in a random and dispersed pattern of residen-tial land use. This lack of clear residential organization in discrete sub-market clusters ultimately weakens Westlake’s attractiveness for the high price point residential communities it now hosts. There are four housing objectives for the Town of Westlake addressed in the Housing Plan: 1. Preserve value in a changing context. Assuring that Westlake continues to capture the higher-end market. 2. Diversify the higher-income market to attract younger buyers. Facilitating West-lake’s attraction to more of these younger/ high end buyers. 3. Meet future housing needs of an aging population. Promoting high-quality residen-tial products to accommodate life stage changes of current Westlake residents so they can continue to live within their community. 4. Mitigate value encroachment. As Westlake grows toward 170 and Keller, protecting the Westlake market from the effects of closer association with lesser price point areas.Existing housing entitlements do not accomplish the above objectives. Various products and price points are incoherently distributed across the Town, and several land use con-flicts exist, both of which can lead to instability and degradation of value and price point advantage. The recommended strategy to accomplish the above objectives involves the establishment of distinct submarkets within the Town that create an orderly distribution of varying uses within a single, multi-faceted community. The purpose of the submarkets is to provide commercial separations, accommodate traffic, and overcome any associations with external markets encroaching upon Westlake. Submarkets will have a spatial definition relative to market attractors rather than competition, and will be separated and connected by thoughtfully distributed amenities, trails, and open spaces.R-1 = 1 ac.PD 3-5 = 5,000 if detached, 0 if attachedR-2 = 2 ac.R-1, PD 3-1, & PD4 = 30,000 –1 ac +PD 1-3 = 23,500, average = 30,000PD 1-2 = 400 (322 lots)R-5 = 5 ac.PD 3-1 = 20,000PD 3-1 = 12,000 –15,000PD 3-6 = 6,000 –12,000 PD 3-9 = 248 MF.R-1 = 1 ac.NOTE: Spatial chaos and potential instability leads to weakening of price point advantageExisting Housing Entitlements New Home DemandAnnual New Home Demand: Northeast Fort Worth Submarket: 2015 –2030 SOURCE: ESRI; MetroStudy; RCLCO031075943406060100200300400500600700Less than $150K$150,000 - $199,999 $200,000 - $249,999 $250,000 - $349,999 $350,000 - $499,999$500,000 and aboveWestlake Target HouseholdsEmployee Housing outside of Westlakethe housing Plan Westlake Comprehensive plan Update280 Development Snapshot August 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 170 114 377 377 170 114 5 2 3 4 MAP GUIDE 1. Fire/EMS Station Government Facility 2. Terra Bella Residential Development 3. Carlyle Court Residential Development 4. Quail Hollow Residential Development 5. Granada Residential Development 6. Project Blizzard Mixed-Use Development 7. Schwab Corporate Campus Office Campus August 2017 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Under Construction 114 170 6 7 1 Development Activities Map Table Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Fire/EMS Station Government Use N/A Site plan approved 8-28-17. Building plans expected September 6. Construction to follow shortly after.0% N/A 2 Terra Bella Residential 28 54.7 acres 23/28 lots currently developed or under construction 71.43% N/A 3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4 Quail Hollow Residential 92 188 acres Phase I and IIA infrastructure complete. Phase IIB Final Plat being submitted for August Council/Commission meetings. Phase 3 improvements under review by staff. Building permits expected soon. 0.00% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 32/41 lots currently developed or under construction. 65.85% N/A Granada Phase II 43 Phase II has 11/43 lots under construction. 12.79% 6 Project Blizzard Mix-Use N/A 53 acres Several civil plans for utilities and paving being reviewed. N/A N/A 7 Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 1,420,000 s.f. total 33 acres Building permits for the Tunnels/Foundations, DFW-1, DFW-G1, and Landscaping submitted and currently in review. Preliminary grading permit has been issued. N/A N/A *% Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info August 2017 5-acre site EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. 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. - Amazon c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract 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.  Coffee & Conversation with the Mayor/Board President Monday, October 2, 2017; 8:00 – 9:30 am Marriott Solana Hotel – Great Room  Board of Trustees Workshop/Meeting Monday, October 2, 2017*; 5:00/6:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  Danish & Dialogue w/ Academy Leaders Thursday, October 5, 2017; 8:00 – 9:00 am WA Campus-Lee Fieldhouse Classroom -This month’s topic: IB Beyond the Classroom Walls  Westlake Academy New Parents’ Dinner Reception Tuesday, October 10, 2017; 6:30 pm-8:30 pm Home of Board President/Mayor Laura Wheat & Doug Wheat -Invitations will be emailed; Contact Ginger Awtry for more info  WA Homecoming & Friday Night Lights Blacksmith Football Friday, October 13, 2017; JV Game 5:00 pm & Varsity Game 7:30 pm WA Campus – Athletic Field  Public Art Competition Advisor Committee Meeting Monday, October 21, 2017; 11:00 am – 1:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  Planning & Zoning Meeting Monday, October 18, 2017*; 5:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor  7th Annual Westlake Classic Car Show Saturday, October 21, 2017; 11:00 – 4:00 pm (Awards at 3:00 pm) Solana/Larry North Fitness, 2902 Sam School Road - east parking area  WA Monster Mash; Hosted by the HOC (House of Commons is the WA Parent/Teacher Organization) Saturday, October 21, 2019; Begins at 4:30 pm WA Campus – Fun fall activities all around campus for all ages!  Westlake Baja; Hosted by the Westlake Academy Foundation Monday, October 23, 2017; Tennis events 11:00 am; Golf & Cocktails 5:00 pm-11:00 pm Vaquero Club – Visit WestlakeAcademyFoundation.org for more details  Town Council Workshop/Meeting Monday, October 30, 2017*; 5:00/6:30 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor And…look for more information on our Town’s website and/or your email later this month regarding the Westlake Town Hall Ribbon Cutting & Open House event coming soon! *For meeting agendas and details on calendar events, please visit the Town’s website. Town Council Item # 2 – Items of Community Interest 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 meeting on August 28, 2017. b. Consider approval of the minutes from the meeting on September 11, 2017. c. Consider approval of Resolution 17-36, Approving an Economic Development Agreement with the Marriott Solana Hotel. Town Council Item # 4 – Consent Agenda Town Council Minutes 08/28/17 Page 1 of 8 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 28, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Carol Langdon, and Michael Barrett. Wayne Stoltenberg arrived at 5:20 p.m. and Rick Rennhack arrived at 5:43 p.m. ABSENT: OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorneys Stan Lowry and Cathy Cunningham, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Finance Debbie Piper, Director of Communications Ginger Awtry, Director of Facilities & Parks Troy Meyer, Director of Human Resources Todd Wood and Communications Manager Jon Sasser. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:06 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 08/28/17 Page 2 of 8 3. EMPLOYEE RECOGNITION OF MUNICIPAL STAFF. Town Manager Brymer thanked the town staff for all the efforts over the summer to move town offices. Mayor Wheat also thanked town staff for all of the work performed during the move and the service that the staff provides to our residents and corporate partners. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Assistant Town Manger DeGan introduced Mrs. Jeanie Roumell as the Municipal Court Clerk. Discussion regarding Senate Bill 1004 regarding the collation of cities joining the McAllen lawsuit related to the Right of Way fee amount. 5. DISCUSSION ITEMS a. Presentation, discussion and update regarding the Entrada development. Director Ruthven, Mr. McCaffrey, and Mr. Bush provided a presentation, overview, and status of the development. Discussion ensued regarding the building materials used for the Tower above 30 feet, weight of the material, coursing of the stone coat, quality control of the product, design guidelines, and the process to approve, or not, when the elevations are presented to Council. Mayor Wheat asked that a general overall timeline for the projects within the development be provided to Council and to revisit providing hard hat tours for our residents. b. Presentation and discussion of proposed amendments to the right-of-way ordinance including the participation with other Texas cities in the litigation challenging Senate Bill 1004. Director Greenwood and Attorney Cunningham provided a presentation and overview of the proposed amendments. Discussion ensued regarding the size of the nodes, compensation per node, new technology, number of providers per location, landscaping, design manual, and use of the duct bank. Town Council Minutes 08/28/17 Page 3 of 8 c. Update and Discussion of the Proposed 2017-2018 Municipal Budget and provide any additional direction prior to the adoption on September 11, 2017. Town Manager Brymer and Director Piper and overview of the direction provided during the work session. d. Presentation and discussion regarding the Town Lighting regulations. Director Ruthven provided an overview of the proposed amendments and current lighting standards in comparison to other municipalities in the DFW area. Discussion ensued regarding the Kelvin Temperature chart, ROW lighting along the highways, possibly reducing the maximum wattage, exterior lighting, and regional efforts to reduce ambient lighting pollution. e. Standing Item: Presentation and discussion of development projects per Staff June and July 2017 report, June and July 2017 Entrada report from the Developer and projects in Planned Development PD 3-5. Director Ruthven provided an update regarding the following: Charles Schwab, Entrada’s vertical development, and the increase of tenant finish-outs in the Solana office complex. 6. 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 551.071. 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: Town Council Minutes 08/28/17 Page 4 of 8 - 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. c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION Move forward presenting stone coat exceptions regarding the building material of the tower. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:46 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:46 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events including Giving Day. 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 08/28/17 Page 5 of 8 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on June 19, 2017. b. Consider approval of the minutes from the meeting on August 9, 2017. c. Consider approval of Ordinance 831, Appointing the Clerk of the Court for the Municipal Court Of Record No. 1. d. Consider approval of Resolution 17-30, agreement with Brown Reynolds Watford Architects to provide professional architectural design services for the Town of Westlake Fire/EMS Station No. 1 and authorize the Town Manager to make funding changes not to exceed $25,000 on this project. e. Consider approval of Resolution 17-31, Approving amendments to the Town of Westlake Personnel Manual. f. Consider approval of Resolution 17-32, Authorizing the participation of the Town of Westlake with other Texas cities in the litigation challenging senate bill 1004 authorizing payment of $0.15 per resident according to the 2010 census; authorizing an agreement with Bickerstaff Heath Delgado Acosta LLP for representation in said litigation and for other reasonable and necessary steps. g. Consider approval of Ordinance 832, Amending Chapter 2, “Administration” updating the Fee and Use schedule. h. Consider approval of Ordinance 833, Amending Chapter 18, “Buildings and Building Regulations by adding sections 18-3, adding requirements for construction site conditions. i. Consider approval of Resolution 17-33, Amending the wholesale water contract with the City of Fort Worth for the construction of a 30” waterline. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 17-34, APPROVING A FINAL PLAT FOR PHASE 2B OF THE QUAIL HOLLOW SUBDIVISION. THE PROPERTY INCLUDED IN THE FINAL PLAT IS A PORTION OF THE APPROVED 188.28-ACRE PRELIMINARY PLAT LOCATED AT 1755 DOVE ROAD, SOUTHEAST CORNER OF THE FM 1938/DOVE ROAD INTERSECTION. Director Ruthven provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Resolution 17-34. Council Member Barrett seconded the motion. The motion carried by a vote of 5-0. Town Council Minutes 08/28/17 Page 6 of 8 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 17-35, APPROVING A SITE PLAN LOCATED IN THE GU-GOVERNMENT USE ZONING DISTRICT FOR A 5.03 ACRE TRACT LOCATED AT THE NORTHWEST CORNER OF DAVIS BLVD (FM 1938) AND DOVE ROAD. THE PURPOSE OF THE SITE PLAN IS TO APPROVE THE CONSTRUCTION OF A NEW FIRE STATION. Director Ruthven provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Resolution 17-35. Council Member Langdon seconded the motion. The motion carried by a vote of 5-0. 7. DISCUSSION AND CONSIDERATION OF ORDINANCE 834, ORDINANCE AMENDING CHAPTER 78, STREETS, SIDEWALKS, AND OTHER PUBLIC PLACES OF THE TOWN’S CODE OF ORDINANCES AND CREATING CHAPTER 79, RIGHT OF WAY MANAGEMENT. Director Greenwood provided a presentation and overview of the item. Discussion ensued regarding possible challenges, distance between poles, and not prohibiting providers. MOTION: Council Member Belvedere made a motion to approve Ordinance 834. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 5-0. 8. EXECUTIVE SESSION The Council convened into executive session at 6:59 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. 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 Town Council Minutes 08/28/17 Page 7 of 8 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. c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:25 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. 11. FUTURE AGENDA ITEMS No future agenda items. Town Council Minutes 08/28/17 Page 8 of 8 12. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Stoltenberg made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 5-0. Mayor Wheat adjourned the meeting at 8:25 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 25, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Town Council Minutes 09/11/17 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 11, 2017 PRESENT: Mayor Laura Wheat, Council Members: Alesa Belvedere, Wayne Stoltenberg and Rick Rennhack. ABSENT: Michael Barrett and Carol Langdon OTHERS PRESENT: Town Manager Thomas Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Cathy Cunningham, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Information Technology Jason Power, Director of Planning & Development Ron Ruthven, Development Coordinator Nick Ford, Director of Finance Debbie Piper, Finance Supervisor Jaymi Ford, Director of Communications Ginger Awtry, and Director of Facilities and Parks & Recreation Troy Meyer. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:15 p.m. 2. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 09/11/17 Page 2 of 4 3. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 835, ADOPTING THE TOWN OF WESTLAKE ESTIMATED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2017, ADOPTING THE PROPOSED BUDGET FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 2018 INCLUDING AN INVESTMENT POLICY, PAY PLAN POLICY, FISCAL AND BUDGETARY POLICIES, RESTRICTED, COMMITTED AND ASSIGNED FUND BALANCES, AND PROVIDING AUTHORIZATION TO THE TOWN MANGER TO APPROVE APPROPRIATED FUNDS UP TO $50,0000. Assistant Town Manager DeGan, Director Piper and Supervisor Ford provided a presentation and overview of the item. Discussion ensued regarding the Charles Schwab building permit fees and academic restricted funds. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 835. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 4. DISCUSSION AND CONSIDERATION OF ORDINANCE 836, LEVYING MUNICIPAL AD VALOREM (PROPERTY) TAXES FOR THE 2017 YEAR IN ACCORDANCE WITH THE FISCAL YEAR 2017-18 PROPOSED BUDGET. Director Piper provided an overview of the item. MOTION: Council Member Belvedere made a motion to approve Ordinance 836. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 3-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 837, APPROVING A SITE PLAN FOR AN APPROXIMATELY 1.392-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD 1-2), ESTABLISHED THOUGH ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS LOCATED NORTHEAST OF THE INTERSECTION OF SOLANA BOULEVARD, GRANADA TRAIL, AND CORTES DRIVE. Town Council Minutes 09/11/17 Page 3 of 4 Director Ruthven provided a presentation and overview of the item. Discussion ensued regarding guest parking, parking for a large group of guests using valet services, residences with 3 car garages, future parking garages, and the construction timeframe. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Ordinance 837. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. 6. EXECUTIVE SESSION Council convened into executive session at 6:40 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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 b. Section 551.071 (2) Consultation with Attorney 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: Entrada Service and Assessment Plan 7. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:12 p.m. 8. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. Town Council Minutes 09/11/17 Page 4 of 4 9. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 8:13 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 25, 2017. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, September 25, 2017 TOPIC: Consideration of a Resolution Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. STAFF CONTACT: Debbie Piper, Finance Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility Fiscal Stewardship Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Business Outreach Program Time Line - Start Date: October 1, 2017 Completion Date: September 21, 2018 Funding Amount: $130,000 Status - Funded Source - VAF (Hotel Tax) EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This proposed twelve (12) month economic development grant agreement includes both the “Shuttle Bus Transportation Cost” as well as the “Incentive Program”. If approved, this would be the eighth consecutive year that the Town has partnered with the Marriott Solana Hotel regarding the “Incentive Program”. Prior to this, the Town participated in only the Hotel’s shuttle bus system costs. Below is a description of both portions of this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. Page 2 of 3 • Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been proposed in FY 17-18 budget for the Town’s participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. This is the same amount adopted in the prior year. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. • Group Business Incentive Program. This portion of the agreement is $50,000 and has been proposed in the FY 17-18 budget. Staff has worked with the Marriott Solana Hotel manager on this economic development agreement in prior years. Based on conversations with Marriott management, the request has been made to include a $2,500 maximum payment based on food and beverage revenue in addition to the $5,000 maximum payment based on room night revenue already in place. o Proposed group business shall book a minimum of $5,000 in room night revenue. o A maximum of $7,500 is available to each group; however, the amount provided is based on the following process: • 10% of the room night revenue calculates the amount allowed, up to a maximum of $5,000. • 10% of the food and beverage revenue calculates the amount allowed, up to a maximum of $2,500. • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. The total anticipated expenditure for the “Incentive Program” is $50K for FY 2016-17. This proposed grant agreement would be a reinvestment in the tourist sector of the Town’s economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such, this agreement also includes “claw back” provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally, if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel’s Page 3 of 3 management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The Town receives 7% of the 13% hotel/motel occupancy tax allowed by State law. The FY 16-17 budget contains an estimated receipt of $837,280 of which $772K is likely to be from the Marriott. This represents approximately 5% of the total municipal operating revenue stream and is derived primarily from the Town’s only hotel, the Marriott Solana. The remaining estimated $65,280 is received from Deloitte University. Of the total $65,280, only 50% is retained by the Town due to an economic development agreement. Total budgeted for FY 17-18 is $845,000 of which $779,720 is estimated for the Marriott with the remaining balance of $65,280 being received from Deloitte University. Again, only 50% of the $65,280 is retained by the Town due to an economic development agreement. In the past, the Town has utilized hotel/motel occupancy tax funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs. The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town’s Adopted Strategic Plan Vision Points. RECOMMENDATION Recommend adoption of the resolution approving this economic development grant agreement ATTACHMENTS Resolution approving this Economic Development Grant Agreement between the Town and the Marriott Solana with the Agreement attached as “Schedule A”. Resolution 17-36 Page 1 of 13 TOWN OF WESTLAKE RESOLUTION 17-36 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT SOLANA. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified “Fiscal Responsibility” as a Vision Point as well as “Financial Stewardship” as a Perspective that must be addressed to move the Town towards this Vision Point; and, WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and existing businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town’s financial position and sustainability per its Strategic Plan; and WHEREAS, the Town Council acknowledges that the Town’s Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriott Solana Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an updated economic development policy adopted by Resolution 16-30 and that this proposed economic development agreement with the Marriott Solana meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; 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 Economic Development Grant Agreement with the Marriott Solana attached hereto as Exhibit “A”; and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 17-36 Page 2 of 13 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. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 25th DAY OF SEPTEMBER, 2017. _____________________________ Laura Wheat, Mayor ATTEST: ________________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ________________________________ L Stanton Lowry, Town Attorney Resolution 17-36 Page 3 of 13 ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT (“Agreement”) is entered into by and between the TOWN OF WESTLAKE, TEXAS (the “Town”), a Type-A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A DALLAS/FORT WORTH MARRIOTT SOLANA, (“Marriott:), a Hotel. The Town and Marriott are collectively referred to as the “Parties”. RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marriott operates a 294 (288 plus 6 suites) room, full-service hotel located at 1301 Solana Blvd. Building #3, Westlake, Texas, (the “Hotel”) The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. In order to increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 16-30, adopted by the Town Council on August 22, 2016, attached hereto as Exhibit “A” and hereby made a part of this Agreement for all purposes, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages authorized by Chapter 380 of the Texas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the “380 Program”). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town’s economic development objectives and the 380 Program and will further the goals for positive economic growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Resolution 17-36 Page 4 of 13 AGREEMENT 1. INCORPORATION OF RECITALS. The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution No. 17-36 attached hereto as Exhibit “B” and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott. For purposes of this definition, “control” means fifty percent (50%) or more of the ownership determined by either value or vote. Program Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Program Source Funds means an amount of Town funds legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the Texas Tax Code, or other legally available funds of the Town. Program Year means the Town’s fiscal year (i.e. October 1 through September 30th) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first fiscal year following the execution of this Agreement. Quarterly Report has the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. Resolution 17-36 Page 5 of 13 3. TERM. This Agreement shall be effective as of the date of execution by the Parties (the “Effective Date”) and, unless terminated earlier in accordance with this Agreement, shall expire one (1) year from the Execution Date. 4. TOWN AND MARRIOTT’S OBLIGATIONS AND COMMITMENTS. 4.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not exceed $130,000 with said Town of Westlake Hotel Support Program, consisting of the following: a. Group Booking Incentives, the requirements for which are attached hereto as Exhibit “C” and hereby made a part of this Agreement for all purposes (the “Hotel Support Agreement”) and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town’s Hotel Support Program shall be to increase new group bookings for the Hotel and to not incur a decrease in overall group meeting business (i.e. all group bookings at the Hotel both of new group business and repeat group business), thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $50,000 during the term of this Agreement. b. Transportation Costs, for which a total sum of $80,000 shall be provided by the Town under this Agreement to cover a portion of the operating cost for bus transportation services provided by the Marriott for guests of the Hotel. Funds disbursed by the Town under this component of the Town’s Hotel Support Program shall be made at the end of each Town fiscal year quarter following submission by Marriott, and acceptance by the Town, of the Quarterly Report for the preceding quarter. The purpose of this component of the Town’s Hotel Support Program is to enhance the Marriott’s ability to increase room nights and retain existing room nights at the Hotel (as reported in Section 4.2 below), thus increasing economic development through tourism and business development activity in the Town. At all times during the term, the name “Westlake, Texas” shall be visibly reflected and marked on both sides of any shuttle buses or vehicles used by the Hotel. Resolution 17-36 Page 6 of 13 4.2. Reports and Filings. On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the “Quarterly Report”). The Quarterly Report shall be received by the Town Manager no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information for the reporting period in order for the Town to measure the effectiveness of its investment in this grant of public funds to Marriott for this Hotel: • Total funds paid to date aggregate under this Agreement during the contract term to Marriott regarding group incentives of the Town’s Hotel Support Program described in Section 4.1 of this Agreement • Total funds spent to date by Marriott for the activities and purposes set out in Section 4.1 of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy at the Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business, bookings at the Hotel, number of bus transportation trips daily to DFW Airport for guests at the Hotel • The number of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for the Hotel including: o the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period o the number and type of new group sales made by contacts from outside the Hotel Marriott • Average number of bus transportation trips daily to off-premise meeting locations for guests at the Hotel • Average number of bus transportation trips daily to other off-premise locations (entertainment, shopping, etc) for guests at the Hotel • Operating costs incurred by the Hotel during the quarter for shuttle bus transportation services 4.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town’s hotel-motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott’s compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively “Records”). Marriott shall Resolution 17-36 Page 7 of 13 make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. 5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. 5.1. Continuous Operation. Following the Completion Date, if Marriott fails to continuously operate a full-service hotel at 1301 Solana Blvd. Building #3, Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. 5.2. Failure to Pay Town Taxes or Fees. An event of default shall occur under this Agreement if any legally-imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taxes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town’s Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to Resolution 17-36 Page 8 of 13 terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. 5.4. Unauthorized Use of Funds and Requirement for Repayment to Town. If, during an audit by the Town under the provisions of this Agreement, the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott fails to cure per the written notice from the Town, Marriott shall immediately remit to the Town the entire amount under this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town plus six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest” is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town’s obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott. 6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Marriott acknowledges that the doctrine of respondeat superior will not apply as between the Town and Marriott, its Resolution 17-36 Page 9 of 13 officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott. 7. INDEMNIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT’ BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT’ BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGATIONS OF THIS AGREEMENT. 8. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail, postage prepaid, or by hand delivery: Town: Marriott: Town of Westlake _________________________________ Attn: Town Manager _________________________________ 1500 Solana Blvd, Bldg. 7, Suite 7200 _________________________________ Westlake, Texas 76262 ____________________________________ With Copies to (which shall not constitute notice): Boyle & Lowry, L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, Texas 75062 Resolution 17-36 Page 10 of 13 9. ASSIGNMENT AND SUCCESSORS. Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so long as Marriott, the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of meeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council’s prior consent shall constitute a breach and be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed “Marriott” for all purposes under this Agreement. 10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town’s codes and ordinances, as amended. 11. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. 12. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party’s right to insist upon appropriate performance or to assert any such right on any future occasion. 13. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas – Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Resolution 17-36 Page 11 of 13 14. NO THIRD-PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott, and any lawful assign or successor of Marriott, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott’ failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 16. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 18. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Resolution 17-36 Page 12 of 13 19. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: ______________________________ ______________________________ a Texas________________________ By: By: Thomas E. Brymer ______________________________ Town Manager ______________________________ Date: Date: APPROVED AS TO FORM AND LEGALITY: By: L. Stanton Lowry Town Attorney Resolution 17-36 Page 13 of 13 EXHIBITS “A” – Town of Westlake Resolution No. 16-30 “B” – Town of Westlake Resolution No. 17-36 “C” – Town of Westlake Hotel Support Program re: Group Booking Incentives for 2017- 2018 Page 1 of 2 Resolution 17-36 Exhibit “C” TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM Description: A cooperative marketing program designed to assist the Dallas/Fort Worth Marriott Solana Hotel in securing group and convention business. The groups can be new business or groups that have previously met at the hotel but are considering other hotels. Guidelines: Requests for funds shall be submitted at the bid time, not after the group has made their decision to book at the host hotel. Applications may be submitted for groups/conventions that take place in the current fiscal year (October 1 - September 30) or future years. • Proposed group business shall book a minimum of $5,000 in room night revenue. • A maximum of $7,500 is available to each group; however, the amount provided is based on the following process: o 10% of the room night revenue calculates the amount allowed, up to a maximum of $5,000. o 10% of food and beverage revenue calculates the amount allowed, up to a maximum of $2,500. • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. • Upon completion of the event or meeting, a completed Post Meeting Summary is required prior to the release of full financial assistance. The report will be used to evaluate the effectiveness of the Town of Westlake Funds participation, as well as review future participation. • Annually, the Marriott Solana will generate a Town of Westlake Funds report to the Town Manager, or his designee, showing the dollars expended and the direct room nights generated via this important resource. Procedures: The Application shall include the following information before it will be reviewed: Hotel Information: Date of Application, Name of Host Hotel Sales Manager and Phone Number. Group Information: Group Name, Contact Name, Address, Phone Number, Program Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. Miscellaneous Information: Additional information pertinent to the group. Signatures: The Application shall be signed by the host hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be approved by the Town of Westlake within ten days providing that all of the requested information is received. Once the Application has been approved, the signed application will be sent back to the requesting Sales Manager at the host hotel. The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is signed by the group. Funds shall not be available if this information is not received at least ten days prior to the group/convention. The Town of Westlake may choose to send a welcome letter to the group and offer to provide community brochures or other information to the group/convention attendees. Since funds are reserved for every Application that is approved, the host hotel shall inform the Town of Westlake with written authorization to release the funds should a group choose another destination. Page 2 of 2 Resolution 17-36 Submit Application and Correspondence to: The Town of Westlake Attn: Debbie Piper, Finance Director 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 817 490 5712 Phone 817 430 1812 Fax Disbursement of Funds: At the time of invoice, the host hotel shall submit the following information: 1. A computerized report documenting the actual room nights booked by the group and verification of the actual room night revenue. The disbursement of funds may be reduced based on the program guidelines if the group generated less room night revenue than was originally stated on the Application, 2. Samples of the Town of Westlake's sponsor recognition. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071. 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. - Amazon c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract Town Council Item # 5 – Executive Session Town Council Item # 6 – Reconvene Council Meeting NECESSARY ACTION a. Section 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. - Amazon c. Section 551.071 (2) Consultation with Attorney 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: Trophy Club Municipal District No. 1 d. Section 551.071 (2) Consultation with Attorney 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: Water contract Town Council Item #7 – 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. Council Member Rennhack - review open space and flood plain management policies to prevent flooding as Town matriculates to full development. Town Council Item # 8 – Future Agenda Items Town Council Item # 9 – Adjournment Regular Session