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HomeMy WebLinkAboutMaterial provided at meeting 11-27-17 List of All Correspondence Received - 11/27/2017 - Case: Z-06-19-17 Owner Last Name Owner First Name PropertyAddress Status Within 200 ft? Email or Slgned Petition CONN PAUL UNKNOWN IN FAVOR N/A EMAIL BRANCH BRAD&BETSY 1702 CARLYLE COURT IN FAVOR NO EMAIL PACILLO MIKE 2209 VAQUERO ESTATES IN FAVOR NO EMAIL BHATIA PARVINDER 1617 FAIR OAKS OPPOSED NO EMAIL DIDARALI NIZAR &MUNARI 1837 BROKEN BEND DR OPPOSED NO PETITION DOMBROSKI HARRY&JAN 1808 BROKEN BEND DR OPPOSED NO PETITION DUBOISI & HOELSCHER MICHAEL&TRISHA 2309 CEDAR ELM TERRACE OPPOSED NO PETITION DUCATELLI TOM &KRISTEN 1601 SLEEPY HOLLOW OPPOSED NO EMAIL FONTANES JUAN &SUSAN 1845 BROKEN BEND DR OPPOSED NO PETITION GREEN JONATHAN &SUZANNE 2001 BRAZOS COURT OPPOSED NO PETITION HAMBY CHARLES 1839 BROKEN BEND DR OPPOSED NO BOTH HOGAN JOHN &KELLY 2210 CEDAR ELM TERRACE OPPOSED NO PETITION HOOKS MICHAEL 2203 CEDAR ELM TERRACE OPPOSED NO PETITION HUNT CLAY&JENNY 2103 CEDAR ELM TERRACE OPPOSED NO PETITION IKER DENNY& LINDA 1814 BROKEN BEND DR OPPOSED NO BOTH JACOB BAIJU &SHUSHAN 1801 COPPERFIELD CT OPPOSED NO PETITION KOLADY ASHOK&SMRUTHI 1602 FAIR OAKS OPPOSED NO PETITION KUSTER ANDREW& HEIDI 1803 SHADY GROVE CT OPPOSED NO EMAIL MAULER MIKE &STEF 1855 BROKEN BEND DR OPPOSED NO PETITION PHILLIPS MICHELLE&PAUL 1604 FAIR OAKS OPPOSED NO BOTH REEVES RYAN &TAMMY 2007 WHITE WING COVE OPPOSED NO PETITION RINARD RON &CECILIA 2312 CEDAR ELM TERRACE OPPOSED NO PETITION SAMARGYA BRAD & DEBBIE 2021 VALENCIA COVE OPPOSED NO BOTH SANJAY CHANDRA 1841 BROKEN BEND DR OPPOSED NO PETITION SCHULTZ ALBERT&KAREN 2214 CEDAR ELM COURT OPPOSED NO PETITION SHINER TIM &CRYSTAL 1606 FAIR OAKS OPPOSED NO PETITION STEVENS JAMES& PATRICIA 1816 BROKEN BEND DR OPPOSED NO - PETITION SVENSSON ANDERS& MARIA 1853 BROKEN BEND DR OPPOSED NO PETITION THOMPSON LEE&TERRY 2310 CEDAR ELM TERRACE OPPOSED NO PETITION ZUCKER NEIL 1859 BROKEN BEND DR OPPOSED NO PETITION ARANDIA GUTIERREZ ROBERTO 1819 BROKEN BEND DR OPPOSED YES PETITION COCKRUM PATRICK ETUX ERIN L 1825 BROKEN BEND DR OPPOSED YES PETITION DASGUPTA BISWAJIT&CHANDRA 1811 BROKEN BEND DR OPPOSED YES PETITION FOSTER MELVYN E JR 2014 VALENCIA COVE OPPOSED YES PETITION GLENWYCK FARMS HOA Ir FARMS HOA INC MULTIPLE LOCATIONS OPPOSED YES PETITION GRANFIELD MICHAEL& MICHELLE 1827 BROKEN BEND DR OPPOSED YES PETITION HAVENSTEIN WALT&JUDITH 1817 BROKEN BEND DR OPPOSED YES EMAIL KIM SEUNG&LUCY 1803 COPPERFIELD CT OPPOSED YES PETITION LITWEIN MARK& ELIZABETH 2002 VALENCIA COVE OPPOSED YES PETITION LOTAN YAIR&SANDRA 1809 BROKEN BEND DR OPPOSED YES BOTH MCNABNEY NEIL&JANELLE 1815 BROKEN BEND DR OPPOSED YES BOTH MOHAN JOSEPH & MARIA 1806 COPPERFIELD CT OPPOSED YES BOTH OGDEN &JEWEL NOLAN & ERIN 1829 BROKEN BEND DR OPPOSED YES PETITION RAMEY DAVID& ELIZABETH 2006 VALENCIA COVE OPPOSED YES PETITION RENDA RODOLPH &CHRISTY 1804 COPPERFIELD CT OPPOSED YES PETITION RILEY DAVID &JENNIFER 1821 BROKEN BEND DR OPPOSED YES BOTH STEVENSON COLIN & MELANIE 1823 BROKEN BEND DR OPPOSED YES BOTH STILL IJAY&JANA 11813 BROKEN BEND DR OPPOSED YES PETITION Total%of 200 foot Buffer Land Area in Opposition: 21.05%-Supermajority Vote Required for Approval August 8, 2017 Via Re u� lar U S Mail Postage Prepaid And Email to rruthven(a�westlake-txam Mr. Ron Ruthven Director of Planning and Development Town of Westlake 1500 Solana Blvd. (The Terrace) Building 7, Suite 7200 Westlake, Texas 76262 Re: Protest Petition for Case No. Z-06-19-17; Zoning change request for approximately 62.58 acre portion of Lot 1, Block 3 Westlake/Southlake Park#1 Members of the Planning & Zoning Commission and Town Council: k., &.J As the owner(s) of the property at I ��� Westlake, Texas, I (we) are opposed to the requested zoning change. The zoning change request: 1. Violates the 500-foot setback on the North Side of Glenwyck Farms and the East Side of Granada; 2. Results in clear cutting of the Open Space Land, the entirety of which is designated to be open space pursuant to the Town's Comprehensive and Land Use Plans; 3. Results in the Open Space Land's "knoll" (hill), which serves as a view shed and noise barrier pursuant to the Comprehensive Plan, being shaved down; 4. Results in dense housing that inconsistent with the housing in Glenwyck Farms and Granada; and 5. Results in multi-story housing that is positioned to directly overlook the yards of Glenwyck Farms and Granada homeowners due to the fact that the Open Space Land is elevated upwards of 30 feet over the Glenwyck Farms and Granada residences. I (we) respectfully request that you deny the requested zoning change. Sincerely, Names nD�,y Printed: \I✓ Signature: v' PAUL C. ISHAM 54 Mill Road NW Albuquerque, NM 87120 505-595-3960 Email: Ishamlaw 2waol.com November 26, 2017 Honorable Laura Wheat, Mayor, and Members of the Town Council 1500 Solana Blvd. Building 7, Suite 7200 Westlake, Texas 76262 Re: Zoning Case Z-06-19-17, 62 Acres and Wilbow Corporation Dear Mayor Wheat and Members of the Town Council: My name is Paul Isham, and I served as the Town Attorney for the Town of Westlake from 1974 until 1999. During my tenure as Town Attorney, I was involved with the matters involving IBM Corporation's ("IBM") desire to build a corporate campus in Westlake and Southlake. My involvement included drafting the Town's Ordinances from 1974 until 1999. Before commenting about specific ordinances involving the IBM office park, I would like to comment about the philosophy of the Town towards the development. Prior to being approached by IBM, the entire Town was zoned low density residential. The Town, as represented by its Planning and Zoning Commission and Board of Aldermen, was not opposed to IBM's office park request, but it wanted to assure itself that the residential areas of the Town were buffered from any office/commercial/retail development by IBM. This included the desire on the part of the Town representatives and elected officials that no buildings or activity on the corporate campus could be seen from the residential areas of the Town. IBM shared this desire and agreed to certain height restrictions of buildings, as well as open space preservation to serve as a view shed and buffer. One of the open spaces that the Town required be maintained as open space in order to provide the required view shed and buffering is the 62 acres now in question. In addition, the Town required that it be able to approve any development by IBM in advance of construction, and IBM agreed to such approval. Many discussions occurred between the Town and IBM representatives with regard to the office park development, and several draft concept plans/comprehensive site plans were discussed and modified. Eventually, the Board of Aldermen approved, with the recommendation of the Planning and Zoning Commission, IBM's Concept Plan, or as it was termed at the time of adoption, the "Comprehensive Site Plan," by Ordinance No. 151. Ordinance No. 151 also required that any revision, modification, or amendments to Nov 2 7 2017 BY •! � the Concept Plan/Comprehensive Site Plan be approved by the Town's Board of Aldermen. Prior to the adoption of Ordinance No. 151, the Board adopted Ordinance 124 in July, 1982, amending the Comprehensive Zoning Ordinance, Ordinance No. 49, to create an Office Park zoning classification. Ordinance No. 124 required that a "Comprehensive Site Plan" be filed with the Town for the approval of the development of any tract rezoned to the Office Park classification before or concurrently with any plat filed on the property. The Comprehensive Site Plan serves as a Concept Plan (as it is now known today). Pursuant to Ordinance No. 151, the Board of Alderman approved IBM's Concept Plan/Comprehensive Site Plan for its entire tract (292+ acres), and that Plan included the 62 acres now the subject of the above-referenced zoning case. The Concept Plan/Comprehensive Site Plan from Ordinance 151 is reproduced below: L71 ii� t ,� r7� �c c l r � •4�� - / 'P r \ j � l � VUVII ' 3 r The Concept Plan/Comprehensive Site Plan filed by IBM requires that the 62 acres remain as open space in order to provide the necessary buffering from the residential areas as desired by the Board of Aldermen. In particular, The Concept Plan/Comprehensive Site Plan labels the 62 acres with the following designation in the Legend: "Existing Trees to Remain." During my tenure as Town Attorney, neither IBM nor a subsequent owner of the property filed an application with the Town to amend the Plan(Concept Plan/Comprehensive Site Plan) to change the open space designation. 2 It is my understanding that the current Town Staff has represented to the Town Council that the original IBM tract did not include a "Concept Plan," and therefore, the Council is not required to consider an amendment to a concept plan prior to considering any rezoning of the 62-acre tract of land. This representation is incorrect. Ordinance No. 124 requires the owner to seek approval from the Town's Planning and Zoning Commission and Board of Aldermen/Town Council with respect to any changes to the Concept Plan/Comprehensive Site Plan that are inconsistent with the original Concept Plan/Comprehensive Site Plan prior to any rezoning and subsequent platting of any property within the original 292+ Office Park acreage. Here, any request by the owner to develop the 62-acre open space tract can be denied by the Town Council because such request is inconsistent with the original Concept Plan/Comprehensive Site Plan. I trust these comments are helpful to the Town Council with regard to the history of the IBM development, and thank you for the opportunity to comment on the same. Please contact me with any questions. Sincerely yours, Paul C. Isham cc: Scott Bradley Ray Oujesky Colin Stevenson Neil McNabnay 3 IBM Solana , Dallas , Texas Landscape Architect: The Office of Peter Walker/Martha Schwartz Project Designers: Lisa Roth, Peter Walker Architects: Mitchell Giurgola; Riccardo Legorreta Arquitectos; HKS, Leason Pomeroy Location: Westlake and Southlake, Texas Description: IBM Solana is a regional headquarters encompassing 7 million square feet of office space, a marketing center,and a "village center" with a hotel, retail and recreational faclilties. The 850- acre campus is designed to minimize its visual impact by siting clusters of low-rise buildings in the —4 bowl of the prairie, leaving wooded uplands intact. The majority of the site is a native wildflower meadow, while terraced parterres and pedestrian streets link the office buildings. Surface parking is concealed in courtsformed by handsome parking structures, i' 4 4yh Fcr l x t- J �t rJ • 4 Y EDITORIALS Hug a Tree, When Plant Some Research proves the many benefits of tall leafy friends Wo, sif atDallas had a chanceoignificantly cut down n the thousands of chil- dren suffering from asthma, a de- bilitating disease that costs millions to treat? How about a 60 percent cut in tax dollars needed to resurface our streets? And what if there were a way to drop the Texas heat in the dead of summer by 15 degrees? We'd go for that in a heartbeat. A new study commissioned by the nonprofit Texas Trees Founda- tion suggests that's entirely pos- sible. The solution:trees and more trees. The benefits of trees The 6,000-acre Great Trinity ®The net cooling of a young,healthy tree equals 10 room- Forest in southeastern Dallas is a size air conditioners. start.It's not enough. Mountains of research show E Roads that have 20 percent shade have a 60 percent trees are critical to cool tempera- reduction in resurfacing cost over 30 years. tures and the surface of roads.They ■It takes an acre of trees to offset the carbon dioxide significantly improve air quality produced by driving an average car 26,000 miles. and reduce flood risk. Dallas-Fort ■Total charges for pediatric asthma hospitalizations in Worth is consistently in or near the North Texas totaled nearly$54 million. top 10 of the most ozone-polluted E Dallas'urban areas can have an extreme temperature dif- metro areas in the U.S. ference of as much as 19 degrees compared with surround- But in one of the largest detailed ing areas. studies done on an urban area,we SOURCES:Texas Trees Foundation,Alliance Data now have data on just how far Dal- las has to go to improve. The city spots measured an average of 101 degrees afull can make a significant dent in what ails us five months out of the year. through preservation and planting 250,000 - Among the most sizzling areas?The South- more trees, western Medical District, which is home to . Dr. Brian Stone of the Georgia Institute of Parkland Memorial, Hospital and Children's . Technology looked at 4,000 points throughout Medical Center. This is especially disturbing i the city to assess the effects of heat on public when you consider that an estimated 90,000 health.Rooftops and roads have made Dallas children in Dallas suffer from asthma. an "urban heat island;, making it hotter than That should concern Texas businesses, says surrounding areas. Shelley Whiddon of Alliance Data,which helped More than a third of the city's impervious pay for the study.Sick kids mean costly absences surfaces are covered with buildings,roads and from jobs for parents who have to care for them. parking lots. The tree foundation's Janette Monear un- Reminder:This was one of the big problems derstands this is an opportunity for Dallas to in Houston, where runoff from development develop better growth strategies.She hopes to made Hurricane Harvey flooding worse. It's present them to the City Council soon. also the reason advocates are so worried about It's a good sign that she's already in touch with a bill Gov.Greg Abbott signed preventing cities Dallas'chief resilience officer,Theresa O'Donnell, from regulating what property owners do with on how the data might be used in planning. trees on private land. We've already had our We urge council members and city staff share of painful mow-downs. to study the data closely and act on the best Just as alarming, Dallas is warming faster recommendations. This isn't just making the than every U.S. city, except Phoenix (!) and city prettier.It's about improving lives. Dallas Louisville, Ky., the study found. The hottest needs to start planting now. 10/16/2017 Solana Business Park www.huitt-zollars.com IMEWIIISUA MARKETSECTORSIN .I=:�.i �Ir2;"J^IELI I L..�':-C-l� c - Office Solana Business Park Gallery: 4V (http://www huitt-zollars com/sites/default/files/styles/portfoliolarge/public/02-Solona-Biz-Park il2vi9 tok=aBtvutiR (h ttp://www.hu itt-zol la rs.com/sites/default/fi les/styles/portfol iolarge/pu b lic/03-Solana-Biz-Park.ipa?itok=azc3J6(3lz) Solana Business Park i Westlake,Texas Client:Maguire Pawners Huitt-Zollars provided extensive surveying and civil engineering in order to produce a set of master plans for the development.All property lines,easements,building,drives,parking and underground utilities were identified.Solana is a 900-acre master planned business park Corporate campus planning integrates mixed use retail and hotel.Buildings are carefully surrounded by open space and forested areas,promoting views of the natural landscape. Back to Office Projects(htto://www.huitt-zollars.com/pa-urbn---sitecivil---office) http://www.huitt-zollars.com/urbn-sitecivil-office/office-solana-business-park 1/1 10/16/2017 IBM Solana I PWP Landscape Architecture Share PROJECTS NATIONAL 9/11 MEMORIAL BARANGAR00 CONSTITUTION GARDENS FIRM SUSTAINABILITY NEWS CONTACT ' IBM SOLANA images 01 02 03 04 05 00 07 es 09 Details LOCATION As part of a collaborative team, PWP was instrumental in creating and mitigating the Wellal<e and soutnlalce, Texas impact of a mixed-use development that included an office complex for 20,000 COMPLETION DATE employees. Overall landscape experience lay at the heart of the planning process. PWP 1989 analyzed human use as well as the topography, geology, hydrology, ecology, and climate CLIENT of 850 acres of rolling grassland punctuated with a few forest lots and bottomland creeks IBM Corporation and lined with willows and pecans. The studies of this degraded land revealed historic Maguire/Thomas Partnership patterns of overgrazing, loss of top soil, and stress on plant life that included the last ARCHITECT remaining stand of native post oaks in West Central Texas. Legorreta Arquitectos; Mitchell/Giugola Architects; Leason Pomeroy& The natural history of the landscape helped determine the location of roads, building Associates;HKS Architect CATEGORIES clusters, and structured parking, leading to the preservation of several hundred acres of >Campuses open terrain. Cultural patterns contributed to a design referencing the landscape's past. Ordinary built features such as highway exit ramps were transformed into gardens that evoked the agricultural heritage. The arrival garden was planted in rows of Indian hawthorn also reminiscent of agricultural patterns.A pool fed by runnels recalled local irrigation systems. Lines of sight and gateways were carefully studied, and entrances and axes marked by allees. The use of a mix of wildflower seed developed by the efforts of Lady Bird Johnson resulted in fields reminiscent of an untouched prairie,a beautiful view of nature from the windows of office buildings. — �• !J ��- I_ !�r`:� �.f,� `� `� Spy /, %�_� .�,,, r I-;'•I`, S o L IN N, ijf(—� tt'1.�.1; 1 CONSULTANTS http:/Iwww.pwpla.com/projects/ibm-soIana/&details 1/2 This is a copy of the Solana Master Plan retrieved from the archives of HKS Architects,the loacal architect on the team that designed Solana. The legend on the right top corner contains coverage calculations showing that the buildings (exclusive of parking garages) covers 9.2% of the site (which is slightly under the 10%allowed by the approving ordinance. ` .•' _� lk lb. rf ' raj AbA IL AFFIDAVIT OF SCOTT BRADLEY STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Scott Bradley, who, being personally known to me and upon his oath, deposed and said: • "My name is Scott Bradley. I am over eighteen (18) years of age, am of sound mind, and am competent to make this affidavit. I have personal knowledge of the facts stated herein and they are all true and correct. • I served as Chairman of the Town of Westlake Planning and Zoning Commission from 1978 to May, 1994 and served as Mayor of the Town of Westlake (the "Town") from May, 1994 to May, 2008. • In 1982 IBM Corporation ("IBM") approached the Town about possibly building a corporate campus on land it was acquiring in the Town as well as in the City of Southlake. Most of the land in the Town owned by or under contract to IBM was zoned for low density residential use. Town officials were receptive to the concept of an office park, but since the Town lacked water, sewer, and other services, many meetings followed between IBM and the Town to discuss the proposed project and to solve the issues concerning the Town's ability to accommodate IBM's request. In furtherance of IBM's concept for an office park located in both Westlake and Southlake, on July 10, 1982, the Town's Board of Aldermen adopted Ordinance 124 amending Ordinance 49, the Town's Comprehensive Zoning Ordinance of 1972, by adding a new Article VI-A 1 entitled "Planned Office Park," which created a zoning district and regulations for the development of office parks within the Town. A true and correct copy of Ordinance 124 is attached hereto as Exhibit"1" and incorporated herein by reference. • On August 3, 1982, at IBM's request, the Town rezoned 292.3765 acres of IBM's land to "P — Planned Office Park." A true and correct copy of Ordinance 126 is attached hereto as Exhibit"2"and is incorporated herein by reference. • By early 1985, IBM had accumulated the land it needed to implement its concept of an office park, and on February 4, 1985, IBM showed the Town its concept for development of its property, adding a hotel to the concept. Additional acreage was annexed into the project at IBM's request. • On August 1, 1985, IBM's office park site planners presented their updated design concept. • On September 23, 1985, world-renowned planner Peter Walker appeared on behalf of IBM before the Board of Aldermen and showed concept plan slides for the project. IBM's attorney presented five questions for the Board. • On March 10, 1986, Peter Walker gave an updated slide presentation to the Board of Aldermen which included architectural illustrations and photographs. IBM's concept was to keep the Town's rural character by clustering its office buildings tightly together, preserving hundreds of acres of open land and, especially, the knoll ("The Knoll") hosting the "last remaining stand of native post oaks in West Central Texas." The planners considered The Knoll as the centerpiece of their plan. 2 • On June 9, 1986, Jack Nottingham of HKS Architects, who served as the local architects for the project, and Douglas Findlay of Peter Walker Planners presented IBM's Master Plan (styled "comprehensive site plan"), and the preliminary plat for the project. The Board approved the comprehensive site plan but rejected the preliminary plat in order to negotiate the alignment of Precinct Line Road, now called Davis Boulevard. • On July 1, 1986, W. Edward Walts, Jim Smith and Andrea Minoff, representing IBM, and Norm Aspin and Rick Gilchrist of Maguire/Thomas Partners, again presented IBM's Master Plan for the property. The Board adopted Ordinance 151, a true and correct copy of which is attached hereto as Exhibit "3", which codified the Board's approval of IBM's concept plan, which in order to comport with the nomenclature required by the Town's ordinances, the Board styled it the "Comprehensive Site Plan." It is hereinafter referred to as the "Concept Plan," a true and correct copy of which is attached hereto and incorporated herein by reference as Exhibit "4." An exhibit attached to Ordinance 151 carries a legend showing "the existing trees to remain." The legend clearly and undeniably includes the trees on The Knoll. In addition, the Notes to the exhibit state that "The general intent is provide a sturdy fence that will protect the highly valued trees and meadow from damage by construction equipment and workers, and further setting "the following penalties for damaging or destroying existing trees to remain: up to 6" caliper - $1,000; 6" to 12 " caliper - $5,000; 12" caliper and up - $10,000." Further, attached to Ordinance 151 are cross sections of the site showing the relationship of various office buildings to the trees on The Knoll (tallest building 700' Mean Sea Level versus 715" Mean Sea Level top of trees). By this provision it was meant 3 that no building in the project could see beyond the trees on The Knoll to the residential properties south of The Knoll. • On August 4, 1986, Peter Walker again appeared before the Board of Aldermen and made a slide presentation of the concept for the project, including architectural illustrations and photos. He also showed a scale model of the retail complex. At the request of IBM, the Board adopted Ordinance 154 rezoning a portion of the project site from "P" to "PH — Office Park Hotel" to accommodate the Marriott Hotel and the Solana Club ( sport fitness facility). A true copy of Ordinance 154 is attached hereto as Exhibit "5" and incorporated herein by reference. [Subsequently, on March 5, 1990, the Board adopted a revised site plan of the Solana Club to grant a slight variation of the Solana Club's location from that shown in the Concept Plan.] • On November 3, 1986, HKS Architects appeared before the Board and presented the architectural elevations for certain buildings contemplated by the Concept Plan. • The Concept Plan was submitted by the property owners in order to initiate planned office park development on the properly depicted in the Concept Plan. The Concept Plan was approved by the Town Planning and Zoning Commission and the Town Board of Aldermen , (now called the Town Council). A true and correct copy of the minutes of the Town Board of Aldermen meetings when the Concept Plan was approved is attached hereto as Exhibit"6" and is incorporated herein by reference. At the time of approval of the Concept Plan, it was the express intention of the Town Planning and Zoning Commission and the Town Board of Aldermen that no development of any 4 type, be it residential, commercial or industrial, would occur on the land except as depicted in the Concept Plan, without Town approval. This includes the 62 acres of land called The Knoll for which Wilbow Corporation has submitted a concept/development plan to construct residential structures in 2017. • During my tenure as an appointed and elected official of the Town, which ended in May, 2008, the Concept Plan was never amended or replaced by a subsequent concept plan submitted to the Town, except that the Town amended the Concept Plan in 2007 and again in 2015 to allow for two office buildings and two parking garages to be located on the north side of Solana Boulevard, west of the buildings now called The Terrace. The site plans submitted by the owner did not depict any type of development on the 62 acres of land for which Wilbow Corporation has submitted a concept/development plan to construct residential structures in 2017. • FURTHER AFFIANT SAYETH NOT." SCOTT B LEY GIVEN UNDER MY HAND AND SEAL OF OFFICE this u� day of N'D1.1•-ZGv b-.,eA , 2017. KIMBERLY E THOMAS =,; w Notary Public,State of Texas Comm. Expires 08-23-2021 ,11; F1, Notary 10 179426-8 Notary Public in and for the State of Texas My Commission Expires: 5 EXHIBIT 1 6 ORDINANCE NO. 124 AN ORDINANCE OF THE TOWN OF WESTLAKEr TEXAS, A14ENDING ORDINANCE NO. 49, COMPREHENSIVE ZONING ORDINANCE OF 1972, BY PROVIDING FOR A NEW ARTICLE VI-A ENTITLED "PLANNED OFFICE PARK"; PROVIDING FOR ZONING REGULATIONS AND USES WITH RESPECT THERETO AND IN ACCORDANCE WITH THE COMPREHENSIVE PLAN, WHICH, TOGETHER SMITH THE ZONING ASAP, WILL CONSTITUTE THE ZONING PROVISIONS APPLICABLE TO THE PLANNED OFFICE PARK USE WITHIN THE TOWN OF WESTLAKE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. WHEREAS, the Town of Westlake is residential in character, consisting predominately of tracts of land of not less than ten (10) arses; and wiITREAS, ordinance No. 49, the Comprehensive Zoning Ordinance for the Town of Westlake currently provides for the following zoning districts; Low Density Residential, High Density Residential, Local Retail, and Industrial; and MIEREAS, the property zoned high Density Residential, Local Retail and Industrial is situated along State Highway 114, and none of the property so zoned is actually developed; and WHEREAS, it appears that there is a need for a new "Planned Office Park" zoning district to permit the development of office parks -on large tracts of land; and Page 1 of 9 WHEREAS, the Town Council of the Town of Westlake is desir- ous of creating a "Planned Office Park" zoning district and creating rules and regulations for the same so that such district would be compatible to the surrounding or abutting residential districts, and would maintain the rural atmosphere of the com- munity; and MdEREAS, the governing body, after considering the recommen- dations of the Planning and Zoning Commission, made after the holding of public hearings as provided by Ordinance and after issuing notices and holding public hearings and affording every person whose property was affected or who had any interest in the matter a free and fair opportunity to be heard, finds that it will promote the public health, safety, and welfare of the present and future residents of Westlake to establish a "Planned Office Park" zoning district; NO47, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDER2•u+N OF TRE 'TOVT&q OF WESTLAKE, TEXAS: PART T That Ordinance No. 49, Comprehensive Zoning Ordinance of 1972, is hereby amended by adding a new Article VI-A entitled "Planned Office Park" which will hereinafter read as follows: .ARTICLE VI-A "P" - PLA14NED OFFICE PARK "Section 1. Purpose, The zoning regulations and district as herein estab- lished, have been made in accordance with the comprehensive plan Page 2 of 9 8 for the purpose of promoting the public health, safety, morals, and general welfare of the residents of the Town. It has been designed to permit the development of office parks in the Town, and still maintain the rural, open-space atmosphere that exists in the community. The regulations provide for suitable landscaping, green-belt, and parking areas; and establish high standards of appearance and external effects so as to minimize the impact of a large office complex on the existing characteristics of the community. The regulations are designed to protect the quietness and privacy of the surrounding residential areas. "Section 2. Principal Uses Permitted. in a Planned Office Park District, no building, structure or premises shall be used other than for the following purposes, together with the accessory uses specified in Section 3. A. Office buildings for business and professional use, including administrative, executive, engineering, accounting, scientific, research and development, educational, information processing, computers, statistical and financial purposes, provided such use shall not involve any machinery or process which pollutes the environment, including without limitation those which emit dust, smoke, odor, fumes, noise, vibration, or the like. B. Educational facilities and temporary accommodations for employees, customers, and visitors to such edu- cational facilities. "Section 3. Accessory Uses 'Permitted, No accessory uses shall be permitted in a Planned office Park District other than the following: A. Buildings and uses accessory to a principal use, including the following: Page 3 of 9 9 1. Clinics, cafeterias, limited retail trade and service uses and recreation facilities, pro- vided that all such accessory uses ,hall be for the comfort, convenience, and use of the occu- pants, employees, and business visitors of the principal use. 2. off-street parking and off-street .loading space as required, 3. Storage and maintenance facilities. 4. Utility services and facilities. 5. Gate houses, bus stops, pedestrian shelters and any similar structures, 6. Caretaker houses. 7. Signs, subject to illumination and size standards. 8. Fire station or security building. "Section 4. Dimensional Standards and Requirements. The following dimensional standards and requirements shall apply: A. The minimum required lot area shall be 150 acres. 3. The maximum percent of lot to be occupied by principal use buildings shall be 101t, excluding courtyards, atria, etc., and by accessory use buildings 2%. C. The minimum size of any front, side, or rear yard for principal and .accessory use buildings shall be: 1. 500 feet from any public road, street or .highway; provided, however, "he minimun set back, from State Highway 114 shall be 200 feet. 2 500 feet from any any low density residential district. D. Accessory use buildings and structures may be located in the required yard areas, provided they are no closer than 500 feet as set out in C. above, provided that for utility service facilities, bus stops, gate houses, signs and similar types of Page 4 of 9 10 minor accessory structures such setback will not be required. Except as permitted above, the 500 foot minimum required yard setback area from property boundaries shall be maintained as a buffer area, Y. The maximum permitted building height for any principal, or accessory building shall not exceed 700 feet mean sea level. The maximum permitted building height for accessory structures which are located within 500 feat of any street or property boundary shall be 20 feet as measured above the average grade of the actual building site provided that said structure does not exceed 700 feet mean sea level. Section 5. provisions for Water, Sewer, Security, Fire and Ambulance, The Town of Westlake is not in the position to provide water, sewer, police, fire and ambulance services to Planned office Park Districts within the Town. Therefore the following will apply to owners and/or occupiers of the land and buildings in such dis- trict. A. Police or security, fire and ambulance services, if any, will be the sole responsibility of the owner or occupier of the property. B. Water will be provided by an entity which has a surface water source of supply, or an entity which has contracted to purchase water from an entity that has a surface water source of supply. No water wells ;nav be drilled in a Manned office Park District. A copy of the contract(s) for water supply shall be filed as a part of the ordinance prior to the issuance of any building permit in a Planned Office Park District. C. Sewage will not be treated by septic tanks. Sewage will be treated by a Municipal utility District ar other political subdivision approved by the Town of Westlake that has a permit from the Texas Department of Health to treat sewage. P. copy of nage 5 of 9 11 the contract for sewage treatment shall be filed prior to the issuance of any building permit in a Planned Office Park District. An Owner or developer of an office park in this district may not provide for its own sewage treatment system, unless the pians and specifications for such system are approved by the Town Council. "Section G. Requirement of Comprehensive Site Plan. In establishing a Planned Office Park District in accor- dance with this section, the Town Council may require the owner to file a comprehensive site plan of the development, Such site plan shall be filed with and approved by the City Council prior to the issuance of any building permit in a Planned office Park District. Such site plan shall set forth the locations of ingress and egress to the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, parking space. It shall specify the location and height of buildings, lot coverage, yards and open spaces, screening walls, fences and landscaping, and shall provide a reasonable transition to and protection of the adjacent property. Such site plan shall be in addition to and not in lieu of any preliminary plat required by any other ordinance or any statute. "Section 7, Platting Required. All petitions for rezoning to establish a Planned Office Park Disrict must also concurrently follow subdivision platting pro- cedures of the Town of Westlake, "Section 8. Conditions To Use. Every Planned office Park District approved under the Page 5 of 9 12 provisions of this ordinance shall be considered as an amendment to the ordinance as applicable to the property involved. In the ordinance creating a Planned Office Park District, the Town Council may impose conditions relative to the standard of development in such district, and such conditions shall be complied with before a certificate of occupancy shall 'be issued for the use of any structure which is located in the Planned Office Park District. Such conditions shall not be construed as conditions precedent to the approval of the zoning ordinance, but shall be construed as conditions precedent to the granting of a certificate of occupancy_ "Section 9. Referenced on zoning Map. All Planned Office Park Districts approved in accordance with the provisions of this ordinance or by subsequent amendment thereto shall be referenced on the zoning district ;nap and a list of such planned development districts together with the category of uses permitted therein shall be maintained in the appendix of this ordinance. "Section 10. Penalty. That the violation of any provision of this ordinance shall be deemed an offense punishable by a fine not exceed One Hundred Dollars ($100.00) , and each violation thereof shall be and is hereby deemed to be a district and separate offense and punished as such. Page 7 of 9 13 PART II It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and it any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitu- tional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the Town Council without the incorporation in this ordinance of any. such unconstitutional phrase, clause, sentence, paragraph or section. PART III All ordinances or parts of ordinances in conflict with this ordinance or any part thereof are hereby repealed. PART IV This ordinance shall become effective immediately upon its passage, and it is accordingly so ordained. PASSED AND APPROVED this the A944—day of , 1. D. 1982. Dale v7hite, mayor Town of Westlake, Texas Page 8 of 9 14 ATTEST: ToSeieretary Town of Westlake, Texas - _ - - - -AP PR OVED- A S-TO -L EGAL-FOPM: Town Attorney Town of Westlake, Texas 15 EXHIBIT 2 16 ORDINANCE /ot AN ORDINANCE OF THE TORN OF WESTLAKE, TEXAS MENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49, AS MIENDED, SAME BEING AN ORDINANCE REGULATING AND RES'T'RICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, ]NUMBER OF STORIES AND SIZE OF BUILDINGS ANU OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNI- C.IPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEERED BEST SUITED TO CARRY OUT THESE REGULA- TIONS AND SHOWING SUCH DISTRICT AND THE BOUNDARIES THEREOF UPON "DISTRICT TARPS," PROVIDING FOR INTERPRETA- TION, PURPOSE AND CDNFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIUING A SEVERA- BILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND I4AKING AN EFFECTIVE DATE. BE IT ORDAINED BY THE, TOWN COUNCIL OF THL TOWN OF WESTLAKE, TEXAS: SECTION 1. That Ordinance No. 49 be and is hereby amended so that permitted uses in the hereinafter described area be altered, changed, and amended as follows: That the property described on Exhibit "A" attached hereto and made a part hereof be rezoned from "H" - Residential, High Density, "L" - Residential Low Density, and "R" - Retail to "P" - Planned Office Park, SECTION 2. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets; to secure safety from fire, panic, flood and other danger to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the parti- cular uses and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. 17 SECTION 3. That this ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the pro- visions of this ordinance. SECTION 9. That all rights or remedies of the Town of Westlake, Texas, are ex- pressly saved as to any and all violations of Ordinance No. 49 or of any amendments thereto of said Town of Westlake, Texas, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations, the court shall have all of the powers which existed prior to the effective date of this ordinance. SECTION s. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance shall be declared void, ineffec- tive or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or uncon- stitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this ordinance, since the same would nave been enacted by the Town Council without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not less than Five Dollars ($5.00) , nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7. That this ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND iLaPROVED this the � day of August, 1982. Dale White, Mayor Town of Westlake, Texas -2- 18 3TTEST: GerT V11�i , Town Secretary Tow of t•;ectlake, Texas APPROVED AS TO LEGAL FOIV4: Paul C, Isham, Town Attorney Town of Westlake, Texas 19 FIELD NOTES TO 292.3765 ACRES lit THE C.M. THRNOP SURVEY et3STRACT 1510, T.W. MAM SURVEY ,ABSTRACT 1107, 4., MEDLIN SJP,VE'i ,`35TPACT 1055, ;?i!Lit1!1 H. PFA SJRVFY ARSTRA 1045 AN'D 2025, JOSEP!I HENRY SURVEY AGS1Rr1CT 528, TARRANT AND DENTOPl CRUNTIES TF`,, :,11 that certain tract or parcel of land situated in the C.td. Throop Surve+! Ab- stract 1510, T,''d, Mann Survey, Abstract 1197, Wd Medlin survey, Abstract 1 )58, William H. Pea Survey, Abstract 2025,ar'-d 1045, and the Joseph Henry Survey. Ab- stract 528, Tarrant Count and Denton County„Texas, and being part of a 145.283 acre tract described in a deed froth Ben A. ZWeld to John i•?. Taylol , et al, on tlarc 23, 1970, recorded in Volume 41359, Page 844, Deed .Records of Tarrant County, and o part of a 33.347 acre tract described in a deed -from Dr. Carroll I.I. Browninq to Helen M. Sror�ning on December 24, 1975, recorded in Volume 782, Farre 411, Deed Records of Denton County, and being part of a 117.355 acre tract described in a deed from Craig and Rose Development Co! to William Rose and Larry Craig, recorded in Volume 7141, Page 660, Deed Records of Tarrant County, and beinq part of a 46.51 acre tract %fined by Dr. Carroll W. Bro►•rning and part of a tract described in a deet from Dr. Carroll Browning to Howard Dudley on flay 27, 1970, recorded in Volume 48t+ Page 625, Deed Records of Tarrant County, and being more fully described as follow! BEGIN'NI NG at a steel pin in the !desterly line of State Highway 114, said pin beinq in the Porth boundary line of said C.M. Throop Surrey at a point 757 feet'Hest of its Northwest corner; THENCE Southeasterly along -. .the Westerly right-of-way of State Highx.ay 114 S. 36` 33' 12" E, 1133.97 feet to a steel pin; THENCE S. 180 44' 12" E. With the Southwesterly line of said Highway 221.5 feet to a nail for corner in the East line of said Throop Survey which is the '. :est bound- ary line of the 14. Medlin Survey, said corner being in the middle of County Road 3C THENCE S. 00 16' 23" :d. with the middle of said road and with said cannon survey line a rdistance of 1636.79 feet to a corner; THENCE S. 140 96' 30" E. with the middle of said road a distance of 132.44 feet to a steel pin; THENCE S. 880 44' 31" W. a distance of 360.20 feet to a steel pin, THEll CE S. 840 31' 11" W. a distance of 1257.31 feet to a steel pin; THENCE PI. 00 38' 34" E. a distance of 460.29 feet to a steel pin; THEtVCE N. 890 58' 35" 11. a distance of 1976.81 feet to a steel pin; THENCE l-t, U° 29' 22" E. a distance of 42.68 feet to a steel pin; THENCE tl. 890 25' 55" 14. a distance of 333.83 Feet to a steel pin; THENCE P1. 00 28' 35" W. a idstance ofX885,2 ;; feet to a steel pin; THENCE 14. 00 33' W. a distance of 560.68 feet to a steel pin; EXHIBIT "A", Page I 20 THENCE N. 38" 34' 29" c. a distance of 2`17.71 feet: to a steel pin; THENCE ri. 0° 29' 31" E. a distance of 228.8r feet to a steel pin: THENCE N. 89' 39' 50" w. a distance of 70.36 feet to a steel pin; THENCE N. 00 04' 04" E. a distance of 1221 .0 feet to a steelp in on the South riaht-• of-way of State Highway 114; THENCE S. 70' 52' 55" E. with the Southerly right-of-1•;ay of. State Nighi:ay ill a diS- t tante or 1659.88 feet to a steel pin; 7tiENCE S. 71' 00' E. With the Southerly right-Df-Wav or State i•iigh�•ray 114 a .dis- tante of &78.17 `eet to a right-of-vray post at the beginning of a curve; THEUCE Southeasterly with said right-or-rise and a curve to therioht having a cen- tral angle of 27' 41 ' 02", a chord of S. 57° 09' 29" E. 861.21 feet, a radius of 1799.86 -feet, and an arc length of 869.G5 feet to a right-of-:ray post at the end of said curve near the South boundary line of Denton County and of the Henry %r- vey and at the Northwest corner of a 0,67 acre State of Texas tract: THENICE S. 25" 38' W. With a fence and saidright-of-gray a distance of 109.43 Feet to a steel pin at the beginning of a curve; jTHENCE Southeasterly with said right-of-way and a curve to the right hauin�a a ten- trac angle of 6'.15' 27", a chord of S. 39° 39' 44" E. 196.47 feet, a radius of 1799.86 feet and an arc distance of 195.57 feet to a steel pin at the end of said li curve; THENCE S. 360 32' E. with a fence and said right-of-Tray a distance of 30.95 feet to the place of beginning and containing in all 292.3765 acres of alnd. i wl 1 EXHIBIT "A" Page 2 l 21 EXHIBIT 3 22 ORDINANCE NO. 1-.Sl WHEREAS, the attached Preliminary Plat of Westlake/Southlake Park prepared by Carter & Burgess, Inc., Engineers-Planners, and dated May 7, 1986, as revised May 29, 1986, and attached Exhibit A-2 prepared by Carter & Burgess, Inc., and Comprehensive Site Plan dated May 7, 1986, have been duly submitted to the Town of Westlake; WHEREAS, the Westlake Town Engineer has reviewed the Preliminary Plat and Comprehensive Site plan of 'Westlake/Southlake Park and has approved same as being in compliance with applicable ordinances; WHEREAS, the Planning & Zoning Commission of the Town of Westlake, after having duly provided all notices required by law and by ordinance of the Town of Westlake, has reviewed the Preliminary Plat, Exhibit A-"l and Comprehensive Site Plan and has voted to recommend approval of same to the City Council; and WHEREAS, the City Council, after having duly given all notices required by law or by ordinance of the Town of Westlake has reviewed said. Preliminary Plat, Exhibit A-2 and Comprehensive Site Plan and, upon motion duly made and seconded, has voted to approve said Preliminary Plat and Comprehensive Site Plan. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS. 1. The foregoing preamble is hereby adopted and declared to be true and correct. 2. The Preliminary Plat and Comprehensive Site Plan are approved conditioned upon the location of Precinct Line Road being either in the configuration as set forth in the Preliminary Plat/ as shown in Exhibit A-2. or 3. A variance is granted as to lot sizes for the lots in Blocks 1, 2 and 3 so that such lots shall be considered to. be in compliance with applicable "P" and "PH" zoning requirements, it being the opinion of the Board of Aldermen of the Town of Westlake sitting as a Board of Adjustment that strict compliance with the 150 and 50 acre minimum lot sizes required by such zoning would work a hardship upon the owners of the such land. SIGNED THIS IST DAY OF JULY, 1986. MAYOR, TO OF WESTLAKE 23 SECFtETKRZR , 'I'CWN OF WESTLAKE t" 24 _ A F'RELIVINARY PLAT Of WESTLAKE/SOUTHLAKE PARK BLOCK t ! I, /� t r •I I'. '--�—,.,.. \���� � 'fix � is I •� -�I� c .., - �,� _'Iy _� 3 } )r1 l� ���-- �,k } If l� N t7, � Fry BLOCK LOCK 3 �^.rr'yp`. •-_ '-J � ��L f ` Ft..WvobDalwll'- `_' � _ KUCK] f � '`j` t l •' T o.M.mq�� I IL_-...._� _.__ .-.). ... {FUOrK D.robomM vleK9�Gmw •\ �Y L t�• pC.Mpw. 77 ) ��� - ,t�--'---ate_ f _ :_� �I V - � L�• MOOm�m ��.I ,�� AWtZ 25 WESTLAKE/SOUTH 'took . �we , l 26 k'• i_ 27 Ii r �_6... ` '�•`, -.:� i, v¢�Tj ice. � � ','s; 28 EXHIBIT 4 4� . gJ r � / �C !fit' ti� �,. • ,� `"� �. Y• f' t ! /! J __ ___ _ •�---'— ... "_..... ,/� jam%• ', ,`y �/ � \�`� _� f �.I �IJ���, soi.nnn I. t ' W10A _ �ell_Sdw�4.vur�txrilw NOT ATTACHMENTS TO THE ORDINANCES IN TOWN RECORDS-KE 29 r � } r � "� ,� � 9S a�7�►j - z f ilk a J � NOT ATTACHMENTS TO THE ORDINANCES IN TOWN RECORDS-KE 30 EXHIBIT 5 ORDINANCES NO. AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THr COMPREHENSIVE ZONING ORDINANCE NO, 49 AS AMENDED. TO REZONE THAT CERTAIN PROPERTY DESCRIBED HEREIN TO "PH-PLANNED OFFICE PARK AND HOTEL"; CHANGING THE ZONING MAP TO REFLECT SAID REZONING; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. Section 1. That Ordinance No, 49 be and is hereby amended so that permitted uses in the hereinafter described area be altered, changed and amended as follows: That the property described in Exhibits 11A-1 and A-2" attached hereto and made a part hereof be rezoned from "P" Planned Office Park to "PH-Planned Office Park and Hotvl," Section 2. That ,the zoning regulations and districts, as herein established. have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety} from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, nater, sewerage, parks and other public requirements. They have been made after a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability= for the particular uses and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. Section 3_ That this Ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. Section 4. That all rights or remedies of the Town of Westlake, Texas, are expressly saved as to any and all violations of Ordinance No. 49 or of any amendments thereto of said Town of Westlake, Texas, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations, the court shall have all of the powers which existed prior to the effective date of this Ordinance. 31 32 Section 5. That all necessary notices have been issuod and all requisite public hearings have been held in which every person desiring to do so had the free and fair opportunity to be heard. Section 6. It is hereby declared to be the intention of the Toren Council that the sections, paragraphs, sentences, clauses and phrases of the ordinance are severable. and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases. clauses, paragraphs or sentences of this ordinance, since the same would have been enacted by the Town Council without the incorporation hereof of any such void, ineffective or unconstitutional phraso. clauso, sentence, paragraph or section. Section 7. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance sliall be fined not less than Five Dollars (S5.00), nor more than One Hundred Dollars (S100.00) for each offense. Each day that a violation is pormittod• to exist shall constitute a separate offense. Section 8. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required b_; law, and it is so ordained. PASSED AND APPROVED this day of August, 1986. 0a1 ta. Mayor Town of Westlake, Texas ATTEST: e ry W)iite, TownSecretary T;Wwr� of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C.- sham, Town Attorney Torn of Westlake. Texas 33 EXHIBIT "A-1• TONING DESCRIPTION Being a tract of land situated in the C. M. Throop Survey, Abstract No. 1510 and the U.P. Martin Survey, Abstract No. 1015, Tarrant County, Texas and being more particularly described as follows; BEGINNING at a point in the westerly line of IDM Corporation trac8 as recorded in Deed Voltage 7376, Page 2067, said point being N 00 47' 24• E, 986.01 feet from the Southwest corner of said tract; THENCE N 000 471 24" E, continuing along the westerly line of said IBM Tract 330+ feet to a point in the centerline of the pro- posed Parkway Boulevard as shown on the preliminary plat of Westlake/Southlake Park; THENCE easterly along the centerline of said Parkway Boulevard to a point in the easterly line of existing Psytonville Roadt THENCE S 000 10' 51" N, along said easterly line of existing Poytonville Road, 245+ foot; THENCE S 530 27- 35" W, 820• foot to the beginning of a curve to the right; 1HENCE along said curve to the right through a central angle of 44 40' 00', a radius of 5$8.79 feat, an arc length of 459.01 foot and a long chord of S 75 47' 36" W, 447.48 feet; THENCE S 890 33' 46• H, 721.74 foot to the POINT or BEGINNING. This description is for zoning purposes only,. CAB Job No. 840664-1402 June 27, 1986 Page 1 of 1 34 I a z N n G.ld. 7HHooP SUHyB N x A•IS1O }, Y F PARKWAY Awn. �i a l .MN'N'1 fiilf a _faOP •fNN U•lTVYN f EXHIBIT "A" SHOWNG "P" TO 'PF" ZONING I ITUATCO IN TNL C. H. TNAOOR SUAVET,Al"RACT N0. 1$10 ANO THE U.P. PARTIN SURVEY,ABSTRACT N0. 1015.THE CITY 0T WESTLAKE•TARRANT COUNTY, T TEXAS. SCUE•1%200' 35 ` ^ � Z. 250 Soo SCALE | _ --- -- POS s / PARCEL 1) PARCEL U 3 00 PARCEL Ir EXHIBIT OF �4 4 12, 114 THE fl- C.M.THROOP SVRVEY,A-1510 7- WM. H. PEA SURVEY.A-1045 36 TOWN OF WESTLAKE } } COUNTIES OF TARRANT AND DENTON } ANNEXATION PETITION } STATE, OF TEXAS } COMES NOW, International Business Machines Corporation .and hereby requests the Town of Westlake, Texas, to annex property owned by it which is described by metes and bounds attached hereto and incorporated herein (the "Loftin Tract") . The said Loftis Tract is :vacant or inhabited by loss than three qualified voters and is contiguous and adjacent to the Town of Westlake and is :within the extraterritorial jurisdiction of the Town of Westlake. This petition is conditioned on the Town of Westlake's approval of International Business Machines Corporation's Application for Zoning. Such petition requests that the Loftis Tract be added to the adjacent tract owned by Petitioner which is zoned "P" - Planned Office Park. EXECUTED this day of March, 1985, INTEWTATIONAL BUSINESS MACHINES CORPORATION BV Title V= heal s,��e . , , o• STATE OF NE11 YORK } } COUNTY OF WESTCHESTER } BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared A. J. 1'_ed^e, Jr. known to me to be the Pierson and officer whose name is ;ubscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said International Business Machines Corporation, a New York corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. ///%'h GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day of March, 1985. 37 0 250 560 SCALE IN FEET PQEL iCT LINE PARCEL 11 7 g ROAD 'f Li P, EQ.36i Acres PARCEL 11 PARCEL 11 I- N' 89'48'3+" t 1124 2- N 8tl,35,58- t: 204 3- S 00:33:Do: E 560 4- S 002635 t; 2087 15 7,, x o9.37 !,5W 34 . 2 6- 6 89'59'59" 9.59'.59" R-150.0( 7- H 00*42'35" E gar N 00-33'19- W 39: 9- 14 00'01147*' E 557 PARCEL U 02'2012.- E 55-' 49.157'ACTetl Parcel 11 -- i ,q F Bi-aring, Dist: w, I- S 00:14:U2' W 1.12 2- N 895449_ F 71 3- 5 0028.30 w 22) EXHIBIT OF 4- 5 88'35'58"� w 41; 5- S 89*z81 34" W 112 IN THE6- H 3U"04'0(1- E Of C.M.THROOP SURVEY,A-1510 7- N 2v U(I 24" E 13: W.MEDLIN SURVEY.A-1958 8- N 01'44'15" E 315 By: TARRANT COUNTY.TEXAS 9- N 003WO" w 7214 WK K PEA SURVEY.A.1045 10- N 8914911151, F. 25; 214 DENTON COUNTY,TEXAS 'I- N (11):2b"2 �w 151.1! 12- S 71 ib 53, 14: 38 � � 250 Soo SCALEIN FEET PARCEL I PRECINCT 9T I PARCEL 11 EXHIBIT OF z C.Ill.THROOP SURVEY,A-1510 � � 2080 75234 . ^.~" r °�'m ` 39 TOWN OF WESTLAKE } ) COUNTIES OF TARRANT AND DENTON ) ANNEXATION PETITION STATE OF TEXAS ) COMES NOW, International Business Machines Corporation and hereby requests the Town of Westlake, Texas, to annex property owned by it which is described by metes and bounds attached hereto and incorporated herein (the "Ld�") . The said Loftis Tract is vacant or inhabited by less than three qualified voters and is contiguous and adjacent to the Town of Westlake and is within the extraterritorial jurisdiction of the Town of Westlake. This petition is conditioned on the Town of Westlake's approval of International Business Machines Corporation's Application for Zoning. Such petition requests that the Loftis Tract be added to the adjacent tract owned by Petitioner which is zoned "P" - Planned Office Park. A EXECUTED this Ir day of March, 1985, INTERNATIONAL BUSINESS MACHINES CORPORATION BV Title Real s a STATE OF NEW YORK ) ) COUNTY OF WESTCHESTER ) BEFORE ME, the undersigned Notary Public in and for said County and State, on this day personally appeared A. J. Ile(Ige, Jr. , known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said International Business Machines Corporation, a New York corporation, for the purposes and consideration therein expressed, and in the capacity therein stated. n ,-n7ru lt"nVV MV "AMn LW) <7: PETITION FOR 7 . 0DiIriG j.-..NG (The Loftis Tract) International Business Machines Corporation ("IAM") asks that the Town of Westlake zone to "'P - Planned Office Park" the property described as Parcel II in the attached Exhibit "A" and as more particularly described in the metes and bounds description attached as Exhibit "B" upon annexation of the property described in the attached Exhibit "ii" into the 'Town of Westlake. Such zoning, if approved, should amend Ordinance No. 126 of the Town of Westlake to include the land decribed herein since IDM desires to have .all its property in the Town of Westlake zoned "P - Planned Office Park" in one tract. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation ByW. Edward Walts, II Trustee 41 (ETES & BOUNDS DESCRIPTION Parcel II 49.157 Acres Denton and Tarrant Counties, Texas Being a tract containing 49.157 acres located in the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas, and the William H. Pea Survey, Abstract No. 1045, Denton County, Texas, said tract being all of a called 49.0997 acre tract described in a deed from Dallas Market Center Hotel Company to International Business Machines Corporation on the 15th day of October, 1982, recorded in Volume 7376, Pape 1728, Deed Records of Tarrant County, Texas, said 49.157 acre tract being more particularly deacrlbed by rites and hounds as follows: BEGINNING at a point on the south right-of-way of State. Highway 114, being, the northeast corner of said 49.157 ,acre tract; THENCE South 00'14102" West with the east boundary line of said 49.157 acre tract a distance of 1223.84 feet to a 3/4-inch iron rod found for corner; THENCE North 89°54'49" East, 71.63 feet to a 1-inch galvanized iron pipe found for corner; THENCE South 00°28'30" West, 228.64 feet to a 1-inch iron pipe in fence found for corner; THENCE South 88"35'58" West, along said fence, 412.22 feet to a 3/8-inch iron rod found in fence corner; THENCE South 89°48134" West, along said fence, 1124.78 feet to a 1/2-inch iron rod found in fence corner, being on the east rf_ght-of-way of Precinct Line Road; THENCE North 30°04'00" East, along said right-of-way, 176,46 feet to a paint; THENCE North "0`00'24" East, along said right-of-way, 133.67 feet to a point; THENCE North 01°44115" East, along said right-of-way, 319.96 feat to a point; THENCE North 00'36'05" West, along said right-of-way, 728.U2 feet to a print; THENCE North 89'49'05" hast, 257.15 feet to a point; THENCE North 00'28'23" West, 505.50 feet to a point lying on the south right-of-way of State Highway 114; THENCE South 71'18'53" East, along said south right-of-way, 1143.20 feet to the POINT OF BEGINNING and containing 49.157 acres of land. M&B-26-17 42 PETITION FOR ZONING (The Loft-is Tract) International Business Machines Corporation ("II3b1") asks that the Town of Westlake zone to "P - Planned Office Park" the property described as Parcel II in the attached Exhibit "A" and as more particularly described in the metes and bounds description attached as Exhibit "B" upon annexation of the property described in the attached Exhibit "B" into the Town of Westlake, such zoning, if approved, should amend Ordinance No. 126 of the Town of Westlake to i.ncludc the land decribed herein since 2BM desires to have all its properly in the Town of Westlake zoned "P - Planned Office Park" in one tract. INTERNATIONAL BUSINESS MACHINES CORPORATION, a New York Corporation By W. Edward Walts, II Trustee 43 EXHIBIT 6 44 MUTING OF T8£ .BOARD OF ALDERMEN TOWN] OF WESI1,AR£, MX71S The Board of AidenTen of the Town of Westlake, Texas held a reaular meeting at 7:00 A.m. , June 9, 1986 at the Dudley Manch .in the Tow.1 of Westlake, Texas, The following were nresent: Dale L, White, Mayor Sherry A. nv6ley, Mayor Pro Tera Jerry N. Moore, Alderman Howard Dudley, Alderman. Ralph Rampellini., Alderran Gerry White, Secretary Scott Bradley, Chairman, Planning and 7.0ning Corriission .3s. B. J. Minyard, Pl.annina and Zoning Member Absent: Alvin T. Oien, Alderman Also in attendance representing .TAM and their associates were the following: Mr. Edward %falts (Attorney, Strasburger S Price) ; Y,r. Jin S.Mith (IBM) ; Mr. Rick Gilchrist (Maguire/Tbomas)s Mr. Norm Asp tMaguirc/Thomas); Mr. Jack M. Nottingham (Haizaood K. Smith Axchitec Mr. Jim Williams (Carter s Burgess Engineering); Mr. Douglas Findlu (Peter Walker -Archit:e:cts) . The Mayor called the meeting to order at 7:10 p.m. .lL1autes of the previous meeting were read by the Secretary and approved as read. Tte:•n sl. Consideration of a Site Plan from IWI. Mayor White called on Planni=ng and Toning Chairman mr. Scott Bradley. Mr. Bradley anO the Council discussed the Site Plan, referring to a letter from the Town's Engineers, Metroplex Engineering, rograrding certain points. ( A copy of the letter :is attached to these minutes and made a part _hereof) After discussion, motion was made by Aldexman Shexry Dudle seconded by Alderman .Terry Moore to approve the Site Plan, as.presen Motion carried by unanimous vote. item f2. Consideration of a Priliminary Plat from IBM. The Pl.annin and zoning Commission had provided the- Board of Aldermen with their recors.endati.on regarding the YB.1-1 Preliminary Plat_ (A copy of the recommendation► is attached to these minutes and made a part hereof). The Mayor, Xr. Bradley, :LRM reoresentatives and their,associates and the Council discussed each itean listed in the Planning and Zoning =ecurr.endation. Motion was made by Alderman Howard Dudley , seconde by alderman Jerry Moore to disapprove, as presented, the Preliminary Plat of IBM so as to allow time for Hr. Bradley and Mr. Bunker 11unt negotiate the proposed alignment of. Precinct Line Read. Motion carr by unanimous vote. There be.irrg r:ca further business to coxae before the Council the meeti was adjourned. Attest: Approved: ry ate, Seca tary Dale L. White, Mayor 45 46 MEETING OF THS BOARD OF ALDERMJ;N TOWN OF WESTLASLE, TEXAS A regular meeting of the Doard of Aldermen of the Town of Westla) Texas was held at 7:00 p.m., July 1, 1986 at the Dudley Ranch in the Town of Westlake, Texas. The following were present: Tale L. White, .Mayor Sherry Dudley, 34ayor Pro Tana Howard Dudley, Alderman. Alvin Oien, Alderman Ralph Rampellini, Alderman Gerry white, secretary Scott Bradley, Planning and Zoning Commissioner Absent: Jerry Moore, Alderman Also attending the meeting were: ter. W. 2dwaxd Walts, Strasburge and. Price; Mr. Jim Smith, IBA;; Ks. Andrea Minoff, 2BM; Mr.Norm Aspis, Mrquire/Thomas; Mr, hick Gilchrist, Meguire/Thomas; Mr. Carroll Buntress, Hunt representative; and-Mr,-RuZ--iau�m, tic= iz�'E'ti�ll�tiec rx n g The Mayor called the meeting to order at 7:20 p.m. Minutes of the previous =,ating were read by the Secretary and approved as read. 11.em #l: Consideration of a Site Plan from IBM and nein #2: ConBideration of a Preliminary Plat from TBM. Z�-ayor vhite suggested that these two items be discussed jointly. Planning and 'Zoning Commissioner Scott Bradley reported that the Planning and Zoning Commission held a public hearing on June 30, 1986 and recommended approval of the Site Plan as presented. The mayor read the proposed Ordinance regarding the Preliminary Plat. During the discussion that followed, Mr_ Bradley reported that agreement had been reached between Mr. BunIcer Aunt and himself regarding the proposed realignment of Precinct Line Road in ordez to preserve a :Lange portion of d+r.. Sradl.eyTs road frontage. Mr. Edward Wal.ts displayed a map of the Plat :.anti answer-ad oueations from the Cuuncil regarding intended construction plans. Alder,mar Ralph ltamuellin.i moved to pass and approve Ordinance 4151, an ordinance approving the Preliminary Plat and CbRp-rehens ve site Plan of Westlake/Southlake Park, conditioned upon the location of Precinct Line Road and granting a variance to lot sizes ?,n Blacks 1,2 and 3, (Ordinance and Exhibit A-2 attached to these minutes and made a part hereof) Motion was seconded by Aldor=n Alvin Dien, voted on and carried unanimously. Iter 43. Consideration of a request to rezone a certain Parcel of land in the Town of Westlake: After discussion Alderman Alvir Olen moved to pass and approve Ordinanch- '#'1.52, an ordinance airen� 47 48 Regular Muctin_ JDly 1, 1986 Page 2 ordinance #49, as amended, rezoning £ruin "L"-Law Density Resider to "P"-Planner! Office Park, a parcel of land described on Exhibi (the Ordinance and Exhibit A are attached hereto and guide a part "ereof) Motion was seconded by Alderman Howard Dudley, voted on and carried unanimously. There being no furtber business to come before the council the r_eeting was adjourned. Approved: Attest: ale 7..�, m.yr J 49 50 Ordinance #49, as ar*ended, rezoning Erani "L"-Low Density Resider to "P"-Planned Office Park, a parcel of land described on Bxhibi (the Ordinance and Exhibit A are attached hrret_o and made a part hereof) Motion was seconded by Alderman aoviard Dudley, voted on and carried unanimously. There bein4 no further business to come before the Council the meeting was adjourned. Approves: Attest: ale L. S•1 its, Mayor�• ry n e, 'SeCetury -r �G 51