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04-30-18 TC Agenda Packet
The 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 6 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 April 30, 2018 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 6 Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 4. REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis including Capital Projects for the Quarter ended March 31, 2018. b. Report for the 2nd Quarter Performance Measures for the Fiscal Year ending September 30, 2018. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce activities. b. Presentation and discussion by Westlake Public Art Competition Advisory Committee Representatives Regarding Status of Public Art Request for Proposal Process and Work to date since the committee’s appointment. c. Presentation and discussion regarding the Town of Westlake’s proportional costs related to the engineering and construction of a regional 30” waterline by the City of Fort Worth and the Town’s request for financial assistance from the Texas Water Development Board. d. Standing Item: Presentation and discussion of development projects per Staff report March 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab Page 3 of 6 - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager d. Section 551.071(2) – Consultation with City 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: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION 9. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. COMMUNITY BEAM SIGNING OPPORTUNITY FOR THE NEW FIRE-EMS STATION NO. 1. (This is an opportunity for Westlake families to sign a beam that will be installed in the station.) 3. 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. 4. 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. Page 4 of 6 5. 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 March 26, 2018. b. Consider approval of Ordinance 851, By Amending Chapter 74 titled Solid Waste by deleting Chapter 74, and replacing it with Chapter 74 Solid Waste. c. Consider approval of Resolution 18-14, Expressing Official Intent to Reimburse Costs of the Regional 30” Waterline Project to be Constructed by the City of Fort Worth. d. Consider approval of Resolution 18-15, Requesting Financial Assistance from the Texas Water Development Board; Authorizing the filing of an application for financial participation and designation of authorized representatives in connection therewith, to fund the Town of Westlake’s proportional costs related to the Engineering and Construction of a regional 30” Waterline by the City of Fort Worth. e. Consider approval of Resolution 18-16, Authorizing the Town Manager to enter into a contract with P3 Works, LLC for public improvement District Administrator Services related to the Solana Public Improvement District. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-17, APPROVING A REPLAT OF APPROXIMATELY 16.242 ACRES FOR THE PROPERTY LOCATED ON TRACT 3A AND 3B SHELBY ESTATES, ZONED R5, AND MORE SPECIFICALLY LOCATED ON 4105 ASPEN LANE. 7. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-18, APPROVING A PARTIAL REPLAT AND VACATING PLAT OF APPROXIMATELY 75.210 ACRES FOR THE PROPERTY LOCATED ON LOT 1, BLOCK 3 WESTLAKE/SOUTHLAKE PARK ADDITION #1. 8. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 852, AMENDING ORDINANCE 703 BY CHANGING THE REQUIREMENTS IN ARTICLE 1, SECTION 5.3 REGULATING PLANNED DEVELOPMENT SITE PLANS AND ARTICLE 2, SECTION 3 REGULATING RESIDENTIAL TO NON-RESIDENTIAL DEVELOPMENT RATIOS. 9. CONDUCT A PUBLIC HEARING CONSIDERATION OF ORDINANCE 853, APPROVING A SITE PLAN FOR AN APPROXIMATELY 2.070-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE WEDDING CHAPEL AND RECEPTION HALL TO BE LOCATED AT THE END OF TARRAGONA DRIVE. 10. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 854, APPROVING A SITE PLAN A SITE PLAN FOR AN APPROXIMATELY 5.806-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1- Page 5 of 6 2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. THE AREA SHOWN ON THIS PD SITE PLAN IS COMMONLY REFERRED TO AS THE PLAZA MAYOR TO BE LOCATED NEAR CORTES DRIVE, COSTA BRAVA, AND GIRONA DRIVE. 11. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 855, APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM UNITS TO BE LOCATED IN THE PLAZA MAYOR OF THE ENTRADA DEVELOPMENT GENERALLY LOCATED SOUTH OF STATE HIGHWAY 114, EAST OF DAVIS BOULEVARD, AND NORTH OF SOLANA BOULEVARD. Pursuant to LGC 211.07(b) the Town Council may not take action, however discussion may ensue, on item 11 of the agenda until the Planning and Zoning Commission makes a final recommendation. The Planning and Zoning Commission postponed this item during the April 16, 2018, meeting until May 14, 2018. 12. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE APPROVING A REZONING REQUEST FROM R5-COUNTRY RESIDENTIAL TO PLANNED DEVELOPMENT DISTRICT NUMBER 7 (PD7) FOR AN APPROXIMATELY 37.798 ACRES LOCATED EAST OF PEARSON LANE AND SOUTH OF ASPEN LANE, TO INCLUDE PRIMARILY SINGE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. 13. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab - Project Pegasus - BRE Solana b. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Page 6 of 6 d. Section 551.071(2) – Consultation with City 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: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. 14. RECONVENE MEETING 15. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 16. 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. Mayor Wheat a. Discuss the education of our community on the enforceability of Town ordinances within gated neighborhoods. b. Discussion regarding the permissible use and operation of golf carts. 17. 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, April 25, 2018, 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 March 26, 2018. b. Consider approval of Ordinance 851, By Amending Chapter 74 titled Solid Waste by deleting Chapter 74, and replacing it with Chapter 74 Solid Waste. c. Consider approval of Resolution 18-14, Expressing Official Intent to Reimburse Costs of the Regional 30” Waterline Project to be Constructed by the City of Fort Worth. d. Consider approval of Resolution 18-15, Requesting Financial Assistance from the Texas Water Development Board; Authorizing the filing of an application for financial participation and designation of authorized representatives in connection therewith, to fund the Town of Westlake’s proportional costs related to the Engineering and Construction of a regional 30” Waterline by the City of Fort Worth. e. Consider approval of Resolution 18-16, Authorizing the Town Manager to enter into a contract with P3 Works, LLC for public improvement District Administrator Services related to the Solana Public Improvement District. Town Council Item # 3 – Review of Consent Items REPORTS Reports are prepared for informational purposes and will be accepted as presented. (there will no presentations associated with the report items) There will be no separate discussion unless a Council Member requests that report be removed and considered separately. a. Report of Quarterly Financial Dashboard and Analysis including Capital Projects for the Quarter ended March 31, 2018. b. Report for the 2nd Quarter Performance Measures for the Fiscal Year ending September 30, 2018. Town Council Item # 4 – Reports estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Report of Quarterly Financial Dashboard and Analysis including Capital Projects for the Quarter ended March 31, 2018 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 Maintain Receipt of Various Financial Awards for both Municipal and Academic Services - Transparency Time Line - Start Date: October 1, 2017 Completion Date: March 31, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The 2nd quarter “Dashboard” reports and “Analysis” for the FY 2017-2018 are attached. Our goal is to have a concise and easy to understand document regarding the financials of our three main (3) operating funds: General Fund, Visitors Association Fund and the Utility Fund. The remaining funds are a function of transfers in, related expenditures and transfers out; therefore, we have not prepared quarterly reports for these funds. We have also included an additional report related to the capital projects year-to-date expenditures and an update of the projects. As can be seen by the financial Dashboard, there has been a decrease in revenue within the General Fund of $55,846. This is primarily attributed to the reduction in anticipated building permits and fees. A detail of each sub-division is in the explanation portion of this report. An increase in Operations and Maintenance is due to an increase in the Keller Police Contract for the prior year. The contract was incorrectly billed. We have reviewed the Keller Police Operating budget for FY 16-17 and agree with the addition of $25,532 as the correct percentage of Westlake’s share. Even though this is for the prior year, the amount is so small we will not have a prior period adjustment. Transfers Out have decreased $469,137 due to the 2017 Certificates of Obligation replacing the 2007 General Obligation Refunding Bonds. The 2007 GO payments were still reflected in the budget. With these amendments, the ending fund balance should increase by $365,141 giving us an increase of 25 operating days. The Utility Fund revenues have been increased by $501,345 primarily due to an increase in water and sewer revenues based on the most recent water study completed during the current year. Operations and Maintenance expense has increased by $418,710 due to historic billing inaccuracies which have prevented staff from properly forecasting sanitary sewer flows. Additionally, all waste water treatment expenses were transferred from the Southlake line item to TRA line item in anticipation of the metering station coming on line in Q1. Please note the ending fund balance of $144,416 is due to the payment to Fort Worth for the Town’s portion of the waterline. These funds should be reimbursed based on council action on the proposed Reimbursement Resolution. Total reimbursed funds should total $1,130,000 which calculates to an additional 91 days. The Visitors Association Fund appears to be tracking with budgeted numbers. The majority of our revenue for this fund arrives in the 3rd and 4th quarters. Staff will continue to monitor all funds and report any anomalies to the Council. Please note a change in the year-to-date budget calculations. On each individual fund’s financial report, you may see an “M” or “%”, beside several revenue line items. The “M” indicates the calculation for “Estimated Allocation of the YTD Budget” is based on the actual number of months of revenue received vs. the number of months into the fiscal year (6 months). This is a more apples to apples comparison and my hope is that this new snapshot avoids confusion with our comparisons of the accrued revenue accounts, i.e. sales tax revenue, franchise fees, hotel occupancy taxes, etc. The “%” symbol, which was used previously with the Utility Fund only, represents the use of the percentage of actual dollars received in the prior year during the same period compared to budgeted dollars in the current year. The “Estimated Allocation of the YTD Budget” column is based on this percentage rather than the number of months to-date in the current fiscal year since they are not received equally throughout the year. Examples of this would be property tax revenues which are primarily received in the first two quarters of the fiscal year vs. water revenues, of which a major portion is received in the spring and summer (hotter, dryer months). These quarterly reports contain a “dashboard” display complete with major revenue and expenditure categories. Because we are further into the year and aware of various line items that will need adjustments, we have added an “Estimated” column which includes these changes. The “Dashboard Variance” amounts are based on the “Estimated” vs. the “Actual” columns. The color green obviously means that we are good in those specific line items when comparing “YTD Budget” to “YTD Actuals”. Any concerns between these two areas show up as yellow (cautionary) or red (critical). A summary is presented at the bottom of each funds’ financial page indicating the net revenues over (under) expenditures along with the projected ending fund balances for the PY Actuals, Adopted Budget, Estimated Budget, Allocation of YTD Estimated Budget, as well as the YTD Actuals. The operating days remaining in Unrestricted Fund Balance have been calculated using total operating expenditures. Our Fiscal and Budgetary Policies state that we will strive to maintain 90 days of operations. Note the “Analysis” is color coded and corresponds to the specific line-item on the “Dashboard” report. All “cautionary” and “critical” items are detailed with explanations of the variances. I have explained several of the line-items that were greater (green) in revenue than we anticipated, helping you understand what specifically happened with that revenue line-item. I have also included explanations for several expenditures that were considerably under budget so you may see why these funds have not been expended. In addition to the above, each section of the “Analysis” contains the “Estimated Budget” and “Change in Budget” totals with an explanation, if needed. To help in reading this report, each explanation ties directly back to the “Dashboard” report. RECOMMENDATION The Council review the current quarterly financial reports. ATTACHMENTS Quarterly Financial Dashboard and Analysis for the Quarter Ended 3/31/18 for the following funds: • General Fund • Visitors Association Fund • Utility Fund Capital Improvements Update Quarterly Financial Dashboard FY 16/17 PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent of Over through Annual Annual Change of Estimated through YTD Estimated (Under) 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter Budget Budget M General Sales Tax 1,215,823$ 3,510,500$ 3,510,500$ -$ 1,462,708$ 1,433,521$ 98%(29,187)$ %Property Tax 1,450,844 1,205,205 1,295,000 89,795 1,266,672 1,282,247 101%15,575 %Franchise Fees 304,285 983,815 983,815 - 349,748 300,459 86%(49,289) Permits and Fees Misc 113,131 238,020 238,020 - 118,684 112,589 95%(6,095) Permits and Fees Bldg 495,983 2,201,246 2,038,115 (163,131) 1,016,266 1,055,954 104%39,688 Fines & Forfeitures 364,701 809,880 809,880 - 403,831 321,592 80%(82,239) Misc Income 58,456 124,160 141,650 17,490 70,631 63,888 90%(6,743) Total Revenues 4,003,224 9,072,826 9,016,980 (55,846) 4,688,540 4,570,250 654%(118,290) Transfer In 209,302 50,000 50,000 - - - 100%- 4,212,526$ 9,122,826$ 9,066,980$ (55,846)$ 4,688,540$ 4,570,250$ 97%(118,290)$ FY 16/17 PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent of Over through Annual Annual Change of Estimated through YTD Estimated (Under) 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter Budget Budget Payroll, Taxes, Insurance, Retirement 1,630,919$ 3,912,616$ 3,912,616$ -$ 1,950,948$ 1,822,711$ 93%(128,237)$ Operations & Maintenance 1,686,256 3,570,814 3,618,964 48,150 1,998,920 1,671,622 84%(327,298) Total Expenditures 3,317,175 7,483,430 7,531,580 48,150 3,949,869 3,494,333 88%(455,535) Transfer Out 717,090 2,787,892 2,318,755 (469,137)1,172,960 1,482,689 126%309,729 4,034,265$ 10,271,322$ 9,850,335$ (420,987)$ 5,122,829$ 4,977,022$ 97%(145,806)$ FY 16/17 PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals through Annual Annual Change of Estimated through 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter 4,212,526$ 9,122,826$ 9,066,980$ (55,846)$ 4,688,540$ 4,570,250$ 4,034,265 10,271,322 9,850,335 (420,987)5,122,829 4,977,022 178,261$ (1,148,496)$ (783,355)$ 365,141$ (434,289)$ (406,773)$ 8,553,121 10,242,277 10,242,277 - 10,242,277 10,242,277 Ending Fund Balance 8,731,382 9,093,781 9,458,922 365,141 9,807,989 9,835,505 553,197 555,202 555,202 - 555,202 655,021 Unrestricted Fund Balance 8,178,185$ 8,538,580$ 8,903,722$ 365,141$ 9,252,787$ 9,180,484$ Total Operating Expenditures $7,411,775 $9,255,998 $9,004,540 (251,458) $5,122,829 $4,977,022 Daily Operating Cost $20,005 $25,359 $24,670 (689) $24,670 $24,670 # of Operating Days Unrestricted 409 337 361 24 375 372 Total Expenditures and Other Uses SUMMARY Restricted Funds Net Change to Fund Balance Beginning Fund Balance Total Revenues & Other Sources Total Expenditures & Other Uses FY 2017/2018 FY 2017/2018 FY 2017/2018 Quarter Ended General Fund EXPENDITURES AND OTHER USES Total Revenues and Other Sources REVENUES AND OTHER SOURCES (M) Based on number of months of receipts (%) Based on same % as prior year 5 months 98% 37% 3/31/2018 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 1 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND TOTAL REVENUES AND OTHER SOURCES $9,122,826 Adopted Budget $9,066,980 Estimated Budget $4,304,402 YTD Adopted Budget $4,688,540 YTD Estimated Budget $4,570,250 YTD Actual 97% Percent of YTD Budget $ (118,290) Over(Under) Budget GENERAL SALES TAX $3,510,500 Adopted Budget (GF portion only) (Remaining portion recorded in 4B Fund) $1,462,708 YTD Budget (5 months) $1,433,521 YTD Actual 98% Percent of YTD Budget $ (29,187) Over(Under) Budget • Sales tax revenues are received from the State two months after paid. Because the Town is on a modified accrual basis, we can recognize these revenues when earned. • We have only received five months of revenue for the first quarter of FY 2018. • Current year budget includes $200K (General Fund) in revenue projected from the situs agreement with Schwab. The first receipt was received in April. PROPERTY TAX $1,205,205 Adopted Budget $1,295,000 Estimated Budget – Increase $89,795 based on actuals received $1,178,841 YTD Adopted Budget (98%) $1,266,672 YTD Estimated Budget (98%) $1,282,247 YTD Actual 101% Percent of YTD Budget $ 15,575 Over(Under) Budget • Income is not distributed evenly over the fiscal year; the YTD budget is calculated on the percentage of revenue collected in the prior year for the same period (98%) FRANCHISE FEES $983,815 Adopted Budget $349,748 YTD Budget $300,459 YTD Actual 86% Percent of YTD Budget $(49,289) Over(Under) Budget • Receipts for each quarter are typically received 4-6 weeks after the quarter ends. 2 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND • AT&T under budget ($50,606) – Staff has been in contact with AT&T requesting an explanation as to the decrease in these fees but has not received an acceptable answer. Their response regarding the downward trend is that in today’s mobile world, wireline products are being deactivated and there is no business activity or growth in our area. Staff will continue researching this decline. PERMITS & FEES – MISC. $238,020 Adopted Budget $118,684 YTD Budget $112,589 YTD Actual 95% Percent of YTD Budget $ (6,095) Over(Under) Budget • Income will not be distributed evenly over the fiscal year. • The largest items that make up this category are the following: o EMS user fees under budget $14,870 o Gas Well Fees under budget $11,444 o Tree Reforestation under budget $8,609 o Development Fees over budget $35,558 PERMITS & FEES - BUILDINGS $2,201,246 Adopted Budget $2,038,115 Estimated Budget – Reduction due to less than anticipated lot sales (see below) $1,097,608 YTD Adopted Budget $1,016,266 YTD Estimated Budget $1,055,954 YTD Actual 104% Percent of YTD Budget $ 39,688 Over(Under) Budget SINGLE FAMILY RESIDENTIAL PERMITS $774,516 YTD BUDGET $610,440 YTD ACTUAL • Entrada – $355,879 YTD budget - $230,465 YTD Actual All funds budgeted to be transferred to Capital Project Fund Budgeted to start 50 homes for the year 18 building permits have been issued 12 building permits are currently under review 2 building permits on hold due to reaching residential level cap oo Entrada has started to receive more attention for residential now that infrastructure is in place. Building permits for Block E (Crescent Custom Homes) and Block J (Calais Custom Homes) have been issued, while Block I (Pentavia Custom Homes) are 3 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND currently under review by staff. The developer’s own homebuilder took initiative in beginning to build homes in Entrada as part of Block E (residential) near the canal and Block J & I soon followed. With the developer finishing public improvements in Entrada, we have seen a lot more interest in Entrada with more residential projects expected to initiate this fiscal year. Although Entrada has garnered more attention, we expect to see less lots developed than what was budgeted (50 lots). We expect the number of lots to be developed reaching closer to 40 by the end of the fiscal year. • Quail Hollow - $103,032 YTD budget - $96,660 YTD Actual Budgeted to start 10 homes for the year $80,000 WA fee for Phase 3 2 new home starts to-date oo Quail Hollow is still off to a slower start than expected. However, staff has started seeing interest for the neighborhood now that public improvements are completed. Even though the town has only issued two permits, the developer has stated there are approximately ten permits that are under review by the Architectural Control Committee. We expect to see most, if not all, of those permits reach the town for review by the end of the fiscal year. Quail Hollow should be in line or even exceed projections by the end of the fiscal year. • Granada – $146,352 YTD budget - $212,484 Actual Budgeted to start 20 homes for the year 8 building permits have been issued thus far 1 remodel oo Granada is a prime neighborhood for development and lot availability and variation is still relatively high • Vaquero – $103,032 YTD budget - $28,308 YTD Actual Budgeted to start 10 homes for the year 1 building permit has been issued 3 miscellaneous residential issued oo Vaquero has begun to slow down. Lot availability in Vaquero is not as high as it used to be and new home starts may be under from what has typically been seen in the past. However, it is beginning to see quite a bit of additions and remodels to its older homes. • Carlyle Court – $7,318 YTD budget - $0 Actual Budgeted to start 1 homes for the year No new starts to-date oo Carlyle Court has not received any new building permits. There are very few lots in the subdivision to develop, so the interest in this area is not as high as the newer subdivisions. 4 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND • Terra Bella – $7,318 YTD budget - $0 Actual Budgeted to start 1 home for the year No new starts to-date FINES AND FOREFEITURES $809,880 Adopted Budget $403,831 YTD Budget $321,592 YTD Actual 80% Percent of YTD Budget $(82,239) Over(Under) Budget • Income will not be distributed evenly over the fiscal year • Citation Revenue (net of state fees) under budget $92,929 • Other revenues (technology, security, warrant fees, collection fees) over budget $10,690 MISC INCOME $124,160 Adopted Budget $141,650 Estimated Budget – Increase due to contribution of Lucas Chest compression and facility rental) $ 61,910 YTD Adopted Budget $ 70,631 YTD Estimated Budget $ 63,888 YTD Actual 90% Percent of YTD Budget $ (6,743) Over(Under) Budget • Income will not be distributed evenly over the fiscal year • Contribution from Deloitte for chest compression device $12,238 5 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND TOTAL EXPENDITURES AND OTHER USES $10,271,322 Adopted Budget $ 9,845,824 Estimated Budget $ 6,051,826 YTD Adopted Budget $ 5,122,829 YTD Estimated Budget $ 4,977,022 YTD Actual 97% Percent of YTD Budget $ (144,806) Over(Under) Budget PAYROLL AND RELATED $ 3,912,616 Adopted Budget $ 1,949,702 YTD Budget $ 1,822,711 YTD Actual 93% Percent of YTD Budget $ (126,991) Over(Under) Budget • This cost is affected by employee taxes and insurances costs and will fluctuate as policies change; medical, dental, life, workers comp, unemployment. • Much of this variance is a result of unfilled positions and timing of new hires. OPERATIONS & MAINTENANCE $ 3,570,814 Adopted Budget $3,614,453 Estimated Budget $ 1,973,696 YTD Adopted Budget $ 1,998,920 Estimated Budget $ 1,671,622 YTD Actual 83% Percent of YTD Budget $ (327,298) Over(Under) Budget • Amendment: o Keller Police Contract – Prior year contract was incorrectly billed. We received total Police Department Operating budget from Keller and the addition of $25,532 (based on their annual cost) is correct. o Several other miscellaneous amendments totaled $22,618 • Expenditures will not be distributed evenly over the fiscal year. • As the year progresses, these expenditures should balance out. • This expenditure type includes services and supplies, repair and maintenance, rent, utilities, debt, insurance, travel and training. 6 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 GENERAL FUND OTHER USES - TRANSFERS OUT $ 2,787,892 Adopted Budget $ 2,318,755 Estimated Budget $ 2,128,428 YTD Adopted Budget $ 1,172,960 YTD Estimated Budget $ 1,482,689 YTD Actual 126% Percent of YTD Budget $ 309,729 Over(Under) Budget • Amendments: o Reduction in transfers out to Capital Projects for Entrada fees based on new estimates for the current year being less than anticipated o Reduction in transfers to Debt Service Fund – 2017 CO’s replaced 2007 GO’s. 2007 GO payments were still reflected in the budget. • Transfers Out to the Debt Service fund is currently over budget by $309,729 due to timing of bond payments, the General Fund will be refunded by 4B as more sales tax/cash is recorded. 7 Utility Fund - 500 Quarterly Financial Dashboard PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent of Over through Annual Annual Change of Estimated through YTD Estimated (Under) 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter Budget Budget %Water Revenues 30%1,021,766 2,730,500 3,040,891 310,391 909,879 1,229,230 135%319,352 %Sewer/Waste Revenues 38%421,921 942,300 1,131,029 188,729 424,865 518,799 122%93,934 Tap/Impact Fee Revenues 42,300 92,940 92,940 - 46,343 50,539 109%4,197 Permit & Fee Revenues 47,600 168,865 168,865 - 84,202 90,645 108%6,444 Misc Revenues 24,974 49,570 51,795 2,225 25,827 28,662 111%2,835 1,558,561$ 3,984,175$ 4,485,520$ 501,345$ 1,491,115$ 1,917,876$ 129%426,761$ PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals Percent of Over through Annual Annual Change of Estimated through YTD Estimated (Under) 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter Budget Budget %Water Purchases 29%354,532 1,344,600 1,344,600 - 402,183 426,669 106%24,486 Operations & Maintenance 897,761 2,768,173 3,186,883 418,710 2,077,493 1,821,691 88%(255,802) Transfers Out 256,617 56,250 56,250 - - - 0%- 1,508,910$ 4,169,023$ 4,587,733$ 418,710$ 2,479,676$ 2,248,360$ 91%(231,316)$ PY Actuals ADOPTED ESTIMATED Allocation YTD Actuals through Annual Annual Change of Estimated through 2nd Quarter Budget Budget Amount YTD Budget 2nd Quarter Total Revenues & Other Sources 1,558,561 3,984,175 4,485,520 501,345 1,491,115 1,917,876 Total Expenses & Other Uses 1,508,910 4,169,023 4,587,733 418,710 2,479,676 2,248,360 Net Change to Fund Balance 49,652 (184,848) (102,213) 82,635 (988,561) (330,484) Beginning Fund Balance 1,121,826 674,981 674,981 - 674,981 674,981 Endinging Fund Balance 1,171,478 490,133 572,768 82,635 (313,580) 344,496 Restricted Funds 232,435 238,007 238,007 - 238,007 200,080 Unrestricted Fund Balance 939,043$ 728,140$ 810,775$ 82,635$ (551,587)$ 144,416$ Total Operating Expenses $1,252,293 $4,112,773 $4,531,483 $418,710 $2,479,676 $2,248,360 Daily Operating Cost $12,250 $11,268 $12,415 1,147 $12,415 $12,415 # of Unrestricted Operating Days 96 65 46 -18 -44 12 FY 2017/2018REVENUES AND OTHER SOURCES (%) Based on same % as prior year Total Expenses and Other Uses Total Revenues and Other Sources Quarter Ended 3/31/2018 FY 16/17 SUMMARY FY 16/17 FY 2017/2018 EXPENSES AND OTHER USES FY 16/17 FY 2017/2018 Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% - 110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 8 Town of Westlake Dashboard Analysis for Quarter Ending 03/31/2018 UTILITY FUND TOTAL REVENUES AND OTHER SOURCES $3,984,175 Adopted Budget $4,485,520 Estimated Budget (Increased Water and Sewer Revenues) $1,326,130 YTD Adopted Budget $1,491,115 YTD Estimated Budget $1,917,876 YTD Actual 129% Percent of YTD Budget $ 426,761 Over(Under) Budget WATER REVENUES $2,730,500 Adopted Budget $3,040,891 Estimated Budget (Water revenues were increased based on the most recent water study completed during current year) $ 816,838 YTD Adopted Budget (30% in prior year) $ 909,879 YTD Estimated Budget (30% in prior year) $ 1,229,230 YTD Actual 135% Percent of YTD Budget $ 319,352 Over(Under) Budget • YTD budget calculation is based on the percentage of revenues received for the same period in the prior year. o Oct 2017 Consumption billed in November $384,763 o Nov 2017 Consumption billed in December $286,851 o Dec 2017 Consumption billed in January $207,160 o Jan 2018 Consumption billed in February $183,911 o Feb 2018 Consumption billed in March $166,543 • The increased amount of water sold is due to drier than normal conditions for Q1 and Q2 in the DFW area plus an increase in accounts/residents in the town. SEWER & WASTE REVENUES $ 942,300 Adopted Budget $1,131,029 Estimated Budget (Sewer revenues were increased based on the most recent water study completed during current year) $ 354,030 YTD Adopted Budget (38% in prior year) $ 424,865 YTD Estimated Budget (38% in prior year) $ 518,799 YTD Actual 122% Percent of YTD Budget $ 93,934 Over(Under) Budget • Residential sewer Winter Quarter Average volumes increased this year (December, January, February) compared to last year as a result of additional customers and drier weather conditions. • Commercial is based on the actual consumption. 9 Town of Westlake Dashboard Analysis for Quarter Ending 03/31/2018 UTILITY FUND TAP AND IMPACT FEE REVENUES $ 92,940 Adopted Budget $ 46,363 YTD Budget $ 50,539 YTD Actual 109% Percent of YTD Budget $ 4,197 Over(Under) Budget • A direct reflection of new home starts and commercial building PERMIT AND FEES REVENUES $ 168,865 Adopted Budget $ 84,202 YTD Budget $ 90,645 YTD Actual 108% Percent of YTD Budget $ 6,444 Over(Under) Budget • Includes duct-bank permit fees and TRA Wastewater settle-up • A direct reflection of new home starts MISCELLANEOUS REVENUES $ 49,570 Adopted Budget $ 51,795 Estimated Budget $ 24,717 YTD Adopted Budget $ 25,827 YTD Estimated Budget $ 28,662 YTD Actual 116% Percent of YTD Budget $ 2,835 Over(Under) Budget • This revenue type Includes insurance refunds, interest income, meter repair and replacement, and administrative fees 10 Town of Westlake Dashboard Analysis for Quarter Ending 03/31/2018 UTILITY FUND TOTAL EXPENSES AND OTHER USES $4,169,023 Adopted Budget $4,587,733 Estimated Budget (Increase of Southlake Wastewater) $2,288,333 YTD Adopted Budget $2,479,676 YTD Estimated Budget $2,248,360 YTD Actual 91% Percent of YTD Budget $ (231,316) Over(Under) Budget WATER PURCHASES $1,344,600 Adopted Budget $ 402,183 YTD Budget (29% based on prior year) $ 426,669 YTD Actual 106% Percent of YTD Budget $ 24,486 Over(Under) Budget • YTD budget calculation is based on the percentage of expenditures for the same period of the prior year. • Invoicing from Fort Worth typically runs 6 to 8 weeks in arrears o 1st quarter billings for October, November, December were $289,939 o Jan 2018 billing paid in February $55,552 o Feb 2018 billing paid in March $81,177 o Mar 2018 billing paid in paid in April $74,857 • FY 16/17 Q1 and Q2 were dry and warm causing increased water and sewer usage. OPERATIONS & MAINTENANCE $2,768,173 Adopted Budget $3,186,883 Estimated Budget (See Amendment description below) $1,858,102 YTD Adopted Budget $2,077,493 YTD Estimated Budget $1,821,691 YTD Actual 88% Percent of YTD Budget $ (255,802) Over(Under) Budget • Amendment of $387K to Southlake Wastewater – Historic billing inaccuracies have prevented staff from properly forecasting sanitary sewer flows. Additionally, all waste water treatment expenses were transferred from the Southlake line item to TRA line item in anticipation of the metering station coming on line in Q1. • As the year progresses, other expenditures in this category should balance out. • This expense type includes services and supplies, repair and maintenance, rent, utilities, debt, insurance, travel and training. 11 Town of Westlake Dashboard Analysis for Quarter Ending 03/31/2018 UTILITY FUND TRANSFERS OUT $ 56,250 Adopted Budget $ -0- YTD Budget $ -0- YTD Actual 0% Percent of YTD Budget $ -0- Over(Under) Budget •Transfers out to other funds will be made at year end. o $50,000 To General Fund for Impact Fee revenues o $ 6,250 To Vehicle Replacement and Maintenance Fund FUND BALANCE Please note the ending fund balance of $144,416 is due to the payment to Fort Worth for the Town’s portion of the waterline. These funds should be reimbursed based on council action on the proposed Reimbursement Resolution. Total reimbursed funds should total $1,130,000 which calculates to an additional 91 operating days. 12 FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 2nd Quarter Budget YTD Budget 2nd Quarter Budget Budget M 5 months 288,213$ 812,360$ 338,483$ 305,006$ 90%(33,477)$ 7,134 14,460 7,210 8,498 118%1,288 295,348$ 826,820$ 345,693$ 313,504$ 91%(32,189)$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals Percent Over through Annual of the through of YTD (Under) 2nd Quarter Budget YTD Budget 2nd Quarter Budget Budget 122,890$ 391,249$ 207,585$ 171,710$ 83%(35,875)$ Operating Transfers for Payroll 183,895 518,510 258,545 244,611 95%(13,934) Total Operating Expenditures 306,785 909,759 466,130 416,321 89%(49,809) 211,645 - - - 0%- 518,430$ 909,759$ 466,130$ 416,321$ 89%(49,809)$ FY 16/17 PY Actuals ADOPTED Allocation YTD Actuals through Annual of the through 2nd Quarter Budget YTD Budget 2nd Quarter $ 295,348 $ 826,820 $ 345,693 $ 313,504 518,430 909,759 466,130 416,321 (223,082)$ (82,939)$ (120,437)$ (102,816)$ 1,011,947 802,831 802,831 802,831 788,865 719,892 682,394 700,014 - - - - 788,865$ 719,893$ 682,394$ 700,014$ Total Operating Expenditures $518,430 $909,759 $466,130 $416,321 Daily Operating Cost $2,822 $2,492 $2,492 $2,492 # of Operating Days Unrestricted 280 289 274 281 Operations & Maintenance Other Uses - Transfers Out SUMMARY Total Expenditures & Other Uses Total Revenues & Other Sources Beginning Fund Balance Restricted Funds Net Change to Fund Balance Unrestricted Fund Balance Ending Fund Balance FY 2017/2018 REVENUES AND OTHER SOURCES (M) Based on number of months of receipts Hotel Occupancy Tax Misc Income FY 2017/2018 FY 2017/2018 Total Expenditures and Other Uses Visitor Association Fund 03/31/18Quarter Ended Quarterly Financial Dashboard EXPENDITURES AND OTHER USES Total Revenues and Other Sources Positive •greater than 90% Cautious •between 70% -90% Negative •less than 70% Revenue Legend Positive •less than 100% Cautious •between 101% -110% Negative •greater than 110% Expenditure Legend EXEMPLARY GOVERNANCE Town Officials, both Elected and Appointed, exhibit Respect, Stewardship, Vision, and Transparency SERVICE EXCELLENCE Public Service that is Responsive and Professional, while balancing Efficiency, Effectiveness and Financial Stewardship 13 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 VISITORS ASSOCIATION FUND TOTAL REVENUES AND OTHER SOURCES $826,820 Adopted Budget $345,693 YTD Budget $313,504 YTD Actual 91% Percent of YTD Budget $ (32,189) Over(Under) Budget HOTEL OCCUPANCY TAX $812,360 Adopted Budget $338,483 YTD Budget (5 months) $305,006 YTD Actual 90% Percent of YTD Budget $(33,477) Over(Under) Budget • YTD Budget is based on 5 months of receipts. • Typically, we receive the prior month report the last week of the subsequent month MISCELLANEOUS INCOME $ 14,460 Adopted Budget $ 7,210 YTD Budget $ 8,498 YTD Actual 118% Percent of YTD Budget $ 1,288 Over(Under) Budget • This income represents revenues from interest income and insurance refunds as well as sponsorships, donations and special events from the Westlake Historical Board. 14 Town of Westlake Dashboard Analysis for Quarter Ended 03/31/2018 VISITORS ASSOCIATION FUND TOTAL EXPENDITURES AND OTHER USES $909,759 Adopted Budget $466,130 YTD Budget $416,320 YTD Actual 89% Percent of YTD Budget $(49,809) Over(Under) Budget OPERATIONS & MAINTENANCE $391,249 Adopted Budget $207,585 YTD Budget $171,710 YTD Actual 83% Percent of YTD Budget $ (35,875) Over(Under) Budget • Some expenditures will occur later in the fiscal year and will be reflected at that time. o Marriott Marketing under budget $18,504 o Marketing and Promotions under budget $3,740 o Public Arts under budget $15,059 OPERATING TRANSFERS FOR PAYROLL $518,510 Adopted Budget $258,545 YTD Budget $244,611 YTD Actual 95% Percent of YTD Budget $(49,809) Over(Under) Budget • This cost is also affected by employee taxes and insurances costs and will fluctuate as policies change; (medical, dental, life, workers comp, unemployment) 15 Town of Westlake Update for Quarter Ended 03/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: JARROD GREENWOOD TRANSPORATION PROJECTS GL ACCOUNT NUMBER GL DESCRITPION Adopted Budget YTD Actuals Variance 410-73000-16-000-000041 E.Dove Rd Recon/Drain (Vaq/TB) Not budgeted $ 100,000 $ 100,000 410-74400-16-000-000068 Dove Rd/FM1938 Signalization 160,000 -0- (160,000) 410-74400-16-000-000070 Solana/FM1938 Signalization 10,000 -0- (10,000) $ 170,000 $ 100,000 $ 70,000 E.Dove Road Recon/Drain (Vaquero/Terra Bella) The Dove Road reconstruction project was finished in Fall 2016; however, the Quail Hollow Developer Agreement provided a $100,000 participation cost for the reconstruction of the Dove Road bridge the developer constructed. Payment to the developer was withheld until all infrastructure improvements were completed within Quail Hollow which extended into this FY. Dove Rd/FM1938 Signalization The Dove/1938 signals were completed by the TxDOT contractor in February. There was a delay due to soil conditions that required a redesign of the southeast signal piers. Town staff will begin restoring landscape and hardscape in the project’s affected areas in May. Solana/FM1938 Signalization The Solana/1938 signals were completed by the TxDOT contractor in September 2017. The Entrada developer is responsible for restoring landscape and hardscape in the project’s affected areas. We expect the contractor to begin this work in May. 16 Town of Westlake Update for Quarter Ended 03/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER MUNICIPAL GROUNDS PROJECTS GL ACCOUNT NUMBER GL DESCRITPION Adopted Budget YTD Actuals Variance 410-73000-00-000-000076 Cemetery Improvements 100,000 63,272 (36,727) Over the past few months, staff has completed the following improvements at the Cemetery: • Pipe and cable fence extension on the south property • Removed the old cell tower concrete pad • Added concrete headwalls to all three entrances • Installed 2-inch water line The next steps are to (1) install the stone on all the head walls (2) complete a tree survey and topography of the five acres, and (3) hire an architect firm to create a master plan of the cemetery. These improvements are being funded by a 2017 donation of $200,000. ACADEMY GROUNDS PROJECTS GL ACCOUNT NUMBER GL DESCRITPION Adopted Budget YTD Actuals Variance 410-74400-00-000-000071 WA Outdoor Science Project 175,000 7,718 (167,281) The Westlake Academy Foundation raised $175,000 to construct Phase 2 of the Outdoor Learning Station Master Plan. This phase includes the Math & Science Plaza located east of the vegetable garden on the north side of the campus. The concrete has been poured for the sidewalk and main area of the Plaza. The Westlake Academy Foundation approved an additional $15,000 to add three rows of stadium seating on the south side of the project which will hold between 25 to 30 students. The project is scheduled to be completed in May 2018. 17 Town of Westlake Update for Quarter Ended 03/31/2018 CAPITAL PROJECTS UPDATE PROJECT DIRECTOR: TROY MEYER MUNICIPAL FACILITY PROJECTS Fire House 1 project is taking shape with the completion of both living quarters, four bays and administration foundation. The CMU walls will start to be raised for the foundation the week of April 10. The structural steel is scheduled to arrive the week of April 23rd. The project is scheduled to be completed in January 2019. GRAND TOTAL Over (Under) Account Number Acct Description TOTAL BUDGET Budget 405-00000-00-000 Cash (Fund Balance) - 319,674 (319,674) 405-33700-00-017 Misc Contribution 2016 CO 246,750 246,750 - 405-33501-00-017 Bond Proceeds 2016 CO 9,180,000 9,180,000 - 405-48838-00-017 Bond Issuance 2016 CO (222,454) (222,454) - 405-33502-00-016 Bond Issuance Tax Note 2017 1,530,000 1,530,000 - 405-48838-00-016 Bond Issuance Tax Note 2017 (29,232) (29,232) - 405-33701-00-000 Contributions Private 1,200,000 1,200,000 - Total Revenues 11,905,064 12,224,738 (319,674) 405-43215-00-000 Engineering 47,512 578,032 (530,521) 405-46195-00-000 Construction Expense 1,996,122 7,987,281 (5,991,159) 405-47412-00-000 Land Purchase 1,750,000 1,750,000 - 405-43248-00-000 Design Fees 756,774 802,000 (45,226) 405-47415-00-000 Furniture & Fixtures - 275,000 (275,000) 405-46170-00-000 Security - 317,500 (317,500) 405-43520-00-000 Contingency 7,180 182,700 (175,520) 405-46190-00-000 Misc/Land/Foundation 4,232 262,325 (258,093) 405-43246-00-000 Appraisal Fees 10,885 13,000 (2,115) 405-43305-00-000 Misc Legal 12,853 16,000 (3,147) 405-43310-00-000 Boyle & Lowry 28,638 35,000 (6,363) 405-45405-00-000 Advertising 776 3,500 (2,724) 405-46125-00-000 Printing 1,330 2,400 (1,070) Total Expenditures 4,616,301 12,224,738 (7,608,437) Net Revenues over(under) Expenditures $7,288,763 $(0) $7,288,763 18 Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Report Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Report for the 2nd Quarter Performance Measures for the Fiscal Year ending September 30, 2018 STAFF CONTACT: Amanda DeGan, Assistant Town Manager DECISION POINTS Start Date Completion Date Timeframe: October 1, 2017 September 30, 2018 Funding: Amount- N/A Status- N/A Source- N/A Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government Municipal & Academic Operations Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Increase Transparency, Accessibility & Communications Strategic Initiative Strategy is Defined, Implemented and Reviewed Routinely EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The performance measures for the 2nd Quarter of this fiscal year are attached for Council review. You may recall that these measures were previously reviewed and approved by Council when staff presented the strategic plan in 2014. The measures are designed to capture our progress on each strategic outcome objective within our Tier One strategy map and provide us with data to help guide our budgeting and planning efforts. Page 2 of 2 RECOMMENDATION Review of the performance measures. ATTACHMENTS Report Town of Westlake Performance Measurements FY 17/18 Town of Westlake Financial Stewardship Citizen, Student & Stakeholder Municipal & Academic Operations People, Facilities & Technology Attract, Recruit, Retain & Develop the Highest Quality Workforce Increase Financial Capacity / Reserves Increase Transparency, Accessibility & Communications Maximize Efficiencies & Effectiveness Increase CSS Satisfaction Client Logo Improve Technology, Facilities & Equipment Optimize Planning & Development Capabilities Encourage Westlake’s Unique Sense of Place Preserve Desirability & Quality of Life Increase Revenue Streams Attract, Recruit, Retain & Develop the Highest Quality Workforce Improve Technology, Facilities & Equipment Optimize Planning & Development Capabilities People, Facilities & Technology These charts depict the number of days required to fill recent open positions in the organization – our benchmark is a 30 day hiring cycle (red dot)and the actual days is shown in blue. FF/Paramedic FF/Paramedic Public Works Asst.FF/Paramedic Network Admin. Days to Fill 24 25 56 25 61 Goal 30 30 30 30 30 24 25 56 25 61 0 10 20 30 40 50 60 70 # of Days to FillMunicipal Services -Time to Fill Q1 & Q2 -2017/2018 Attract, Recruit, Retain & Develop the Highest Quality Workforce Improve Technology, Facilities & Equipment Optimize Planning & Development Capabilities People, Facilities & Technology These charts depict the number of days required to fill recent open positions in the organization – our benchmark is a 30 day hiring cycle (red dot)and the actual days is shown in blue. Admin. Assistant Facilities Tech I Facilities Tech II Time To Fill 37 43 7 Goal 30 30 30 0 5 10 15 20 25 30 35 40 45 50 # of DaysTime to Fill -Academic Services Q1 & Q2 –2017/2018 People, Facilities & Technology Optimize Planning & Development Capabilities Improve Technology, Facilities & Equipment Attract, Recruit, Retain & Develop the Highest Quality Workforce The Forfeited Vacation data represents the number of hours our salaried employees forfeit by quarter.This provides a data point that may help us identify workload imbalance and areas of service where more ‘depth’is needed in a department. This chart indicates the budgeted quarterly payroll for hourly employees and the total amount in overtime costs.On average,we are spending 14.3%in OT costs for hourly staff members each quarter. $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 $400,000 $450,000 Q1 - 17/18 Q2 - 17/18 $366,273 $323,521 $51,076 $47,894 Hourly Payroll OT Costs 74 267 25 75 125 175 225 275 Q1 Q2 FY 17/18 Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness The data tracks the success we have had in reaching the public and promoting the strategic objective of increasing communications with our stakeholders.Staff monitors the quality of the content on our page and ensures we are providing timely information to help inform our ‘friends’on Facebook. 3137 3299 2311 1195 0 500 1000 1500 2000 2500 3000 3500 Q1 Q2 Q3 Q4 Municipal Facebook Data Page Likes Reactions, Comments, Shares per Post, & New Likes 78 63 0 10 20 30 40 50 60 70 80 90 Q1 Q2 Number of Facebook Posts Number of Facebook Posts Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness This is another way to look at the data by month.It indicates that we are receiving reactions and page likes from stakeholders at a much higher rate than the number of posts. 1024 1051 1062 1081 1106 1112 868 681 283 328 390 219 28 29 21 23 24 16 0 200 400 600 800 1000 1200 October-17 November-17 December-17 January-18 February-18 March-18 Municipal Facebook Page Page likes Reactions to Posts Number of Posts Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness The data tracks the success we have had in reaching parents/students and promoting the objective of increasing communications with our stakeholders.Staff monitors the quality of the content on our page and ensures we are providing timely information to help inform our ‘friends’on Facebook. 4876 4961 1393 1645 0 1000 2000 3000 4000 5000 6000 Q1 Q2 Q3 Q4 Academic Facebook Data Page Likes Reactions, Comments, Shares per Post, & New Likes 122 59 0 20 40 60 80 100 120 140 Q1 Q2 Number of Facebook Posts Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness Much like the municipal Facebook page,our Academic site receives a large number of responses from those seeking information in relation to the actual number of posts we publish each month.161416291633164016581663550444281140528707413843173453OCTOBER -17 NOVEMBER -17 DECEMBER -17 JANUARY -18 FEBRUARY -18 MARCH -18 Page likes Reactions to Posts Number of Posts Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness These graphs indicates the data we are gathering for our municipal Twitter feed. From our 2015/2016 data, we have increased our Twitter followers by 225%. 0 500 1000 1500 2000 Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Engagements Total Followers 18 34 13 6 36 6 29 26 33 31 20 30 37 31 14 20 6 0 5 10 15 20 25 30 35 40 New followers Tweets Mentions Oct-17 Nov-17 Dec-17 Jan-18 Feb-18 Mar-18 Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness The data depicts the number of emails we sent to stakeholders thus far for this fiscal year. We are also pleased to report that we have an overall ‘open rate’ of 43%. Double the industry standard for government agencies, which is shown to be 22%. 16025 11307 6879 4709 0 5000 10000 15000 20000 25000 Q1 Q2 Westlake Wire Data Emails Sent Emails Opened Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness 9,330 6,837 6,337 7,082 6,418 6632 - 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 9,000 10,000 Monthly visitors Visitors to the Municipal Website October November December January February March Home Page, 1850 Court , 317 Jobs, 114 MUNICIPAL -TOP PAGES VISITED (MARCH) Municipal & Academic Operations Increase Transparency, Accessibility & Communications Encourage Westlake’s Unique Sense of Place Maximize Efficiencies & Effectiveness 64,693 35,570 36,440 36,440 41,171 39,605 - 10,000 20,000 30,000 40,000 50,000 60,000 70,000 Monthly visitors Visitors to the Academic Website October November December January February March 9,132 3,422 1,006 Academic -Top Pages Visited Home Page Events Food Menu DISCUSSION ITEMS a. Presentation and discussion regarding the Northwest Metroport Chamber of Commerce activities. b. Presentation and discussion by Westlake Public Art Competition Advisory Committee Representatives Regarding Status of Public Art Request for Proposal Process and Work to date since the committee’s appointment. c. Presentation and discussion regarding the Town of Westlake’s proportional costs related to the engineering and construction of a regional 30” waterline by the City of Fort Worth and the Town’s request for financial assistance from the Texas Water Development Board. d. Standing Item: Presentation and discussion of development projects per Staff report March 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #5 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Presentation and Discussion regarding the Northwest Metroport Chamber of Commerce Activities. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: NA Status - Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Northwest Metroport Chamber of Commerce President Sally President Sally Aldridge will provide a presentation to the Mayor and Town Council regarding the program of activities of the Chamber including the joint economic development marketing and communications efforts that have been underway in recent years with the Chamber’s member cities. RECOMMENDATION Recommend hearing this presentation from Northwest Metroport Chamber President, ask questions, and discuss the program of Chamber services presented as it relates to the Town of Page 2 of 2 Westlake and the Chamber’s membership area. ATTACHMENTS None Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Presentation and Discussion by Westlake Public Art Competition Advisory Committee Representatives Regarding Status of Public Art Request for Proposal Process and Work to Date Since the Committee’s Appointment. STAFF CONTACT: Tom Brymer, Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Vision: An oasis of nautural beuty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: June 19, 2017 Completion Date: On-going Funding Amount: TBD Status - Funded Source - Multiple Sources - see comments below EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On February 27, 2017, after a lengthy process that included opportunity for public participation, the Town Council reviewed and adopted a new Public Art Plan. Staff then began working with the Town’s public art consultant to formulate next steps for implementing the Town’s Public Art Plan. This included creating a competition to ultimately obtain a public art piece which would be the first in the Town’s collection under this Public Art Program. To accomplish this first public art competition, it was proposed to the Council for it to appoint a Public Art Competition Advisory Page 2 of 2 Committee. This Committee was appointed, and their charge delineated, by the Town Council in a resolution on June 19, 2017. Since that the time the Westlake Public Art Competition Committee (WPACC) has been meeting and identifying the location of the Town’s first public art piece under the Town’s new Public Art Plan. Further, the WPACC has also been formulating the process for identifying artists, soliciting their qualifications, and selecting finalists for design of this first public art piece under the Town’s new Public Art Plan. The Committee is also heavily involved in identifying funding for this effort. At their January 29, 2018 workshop, the Council was given a presentation by Committee representatives to update the Town Council on their activities to date, as well as review the Request for Qualifications (RFQ) document, and RFQ process with the Council. The Council expressed general consensus and agreement on the proposed RFQ process to date, however, it expressed its sense that funding for the artist honorarium(s) should come from donations, i.e. the same funding for the art piece selected via this competition process. Since then, the Committee has continued its work to refine the RFQ document, the RFQ process, and obtain donated funds for honorarium(s). The Committee has developed a flow chart to outline the process that would be used to obtain this public art piece. RECOMMENDATION Hear an update from the Committee on their work since their last report to Council on January 29th and provide the Committee with feedback regarding the proposed process for obtaining this public art piece per the flow chart attached to this agenda memorandum. ATTACHMENTS None Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Presentation and discussion regarding the Town of Westlake’s proportional costs related to the engineering and construction of a regional 30” waterline by the City of Fort Worth and the Town’s request for financial assistance from the Texas Water Development Board. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: November 17, 2014 Completion Date: November 30, 2018 Funding Amount: $2,100,000.00 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As you may recall, Council approved an amendment to the contract at the November 17, 2014 regular meeting for Westlake’s proportionate cost for the installation of a new 48” water line, the first phase of the two-phase project. The Town’s proportionate cost for phase 1 was $2,826,315.02 paid out over 3 years. In an effort to provide Council and staff with information to make a strategic decision of whether or not to participate in the construction of Phase 2, staff retained Halff Associates to conduct a Page 2 of 2 feasibility analysis (attached) to examine Westlake’s options and the costs associated with each one. The report recommended participating in the Fort Worth water line project from the identified options below: 1. Participate in the Fort Worth water line project at a cost of $3,910,842. 2. Construct a 30” water line in 2026 without any intergovernmental cooperation at a cost of $11,275,000 (FTV $). 3. Construct a 16” water line in 2026 without any intergovernmental cooperation at a cost of $7,425,000 (FTV $). The proposed Request for Funding from the Texas Water Development Board for Council consideration is for the second phase of the two-phase project and follows the same proportional responsibility as phase 1. Town Council approved Resolution 17-33, an amendment to the Fort Worth Wholesale Contract, that provided for construction of the Fort Worth 30” water line at the August 27, 2017 Town Council Regular Meeting. The City of Fort Worth wanted Westlake and Trophy Club MUD to prepay for this project. Unfortunately, the Utility Fund Working Capital would be depleted if Westlake were to make the full prepayment. Fort Worth agreed to split Westlake’s payment up into two payments; the first payment of $899,000 has been paid and the second payment is to be paid when we obtain the Texas Water Development Board funding in FY 18/19. Based on the current Phase 2 project costs from The City of Fort Worth, Westlake’s total proportional financial obligation is now expected to be $1,816,350.04, leaving a remaining balance of $899,000. As discussed during budget presentations, staff has been working with the Texas Water Development Board to obtain funding through the State Water Implementation Fund for Texas (SWIFT); a low interest loan through the state that has an opportunity for forgiveness of approximately 30% of the interest. The proposed Resolution and attachment (TWDB-0201A) are satisfying the Texas Water Development Board’s procedural requirements for financing approval. Staff will include the engineering fees of $226,532.00 paid in 2016, the first payment mentioned above, and staff/consulting fees in the funding request. The total amount of funds requested in the TWDB application is not to exceed $2,100,000.00. TWBD anticipates funds to be available in November 2018. ATTACHMENTS TWDB Letter - SWIFT Loan Invitation to apply P.O. Box 13231, 1700 N. Congress Ave. Austin, TX 78711-3231, www.twdb.texas.gov Phone (512) 463-7847, Fax (512) 475-2053 Our Mission To provide leadership, information, education, and support for planning, financial assistance, and outreach for the conservation and responsible development of water for Texas . . . . . . . . . . . . . Board Members Peter Lake, Chairman │ Kathleen Jackson, Board Member │Brooke T. Paup, Board Member Jeff Walker, Executive Administrator April 5, 2018 Mr. Jarrod Greenwood Public Works Director City of Westlake 1500 Solano Blvd. Westlake, TX 76262 Re: City of Westlake SWIFT PIF #12559 – Increase Delivery Infrastructure from Fort Worth State Water Implementation Fund for Texas – Invitation to Apply Dear Mr. Greenwood: Thank you for submitting an abridged application for financial assistance through the State Water Implementation Fund for Texas (SWIFT) program on behalf of the City of Westlake. The abridged applications received for the current funding cycle have been prioritized according to the criteria outlined in 31 TAC § 363.1304, and the Texas Water Development Board (Board) approved the prioritization on April 5, 2018. We are pleased to extend the City of Westlake an invitation to submit a complete application for financial assistance through the SWIFT program. All applicants have 30 days to submit their applications. The deadline for receipt of the complete application is 5:00pm, Central Standard Time, on Friday, May 4, 2018. The invited amount and type of SWIFT funding eligible to be included in the application is summarized below. This prioritization approval does not constitute a funding commitment, but indicates that the SWIFT program is estimated to have sufficient capacity for the project, contingent on the financial and technical review of the complete application. Amount and Type of Funding Approved: • Increase Delivery Infrastructure from Fort Worth o 2018: $4,000,000 Low-Interest Loan Applications may be submitted through our online loan application system or as traditional hard copies. To download application documents or access the online system, please visit our Financial Assistance Application web page. SWIFT Application Invitation Letter April 5, 2018 Page 2 In accordance with Texas Water Code § 16.0121, water systems are required to provide regular water loss audits to the TWDB, which are used to calculate a Water Loss Threshold for each system. Then next annual water loss audits are due to the TWDB on May 1, 2018, and these will be used as part of the SWIFT application evaluation. Please visit our Water Loss Audit Resources web page for more information. Current records indicate that Westlake’s water loss exceeds its threshold. Please include in your application, information regarding measures that Westlake is already or will be taking to mitigate the water loss issues. When applying for TWDB financial assistance, systems whose loss exceeds their threshold must apply for funds to address the water loss issue in addition to their proposed project or request a waiver. Please direct any questions or concerns regarding the application, commitment process, and closing processes to Luis Farias, Manager, Regional Project Implementation Team 3. Please contact Luis to discuss your project in greater detail and to schedule a pre-application meeting if you have not already done so. Luis’s team will work with you throughout the life of your project and may be reached at Luis.Farias@twdb.texas.gov or (512) 475-4816. We look forward to working with the City of Westlake on the next steps toward implementing this important project. Thank you again for your interest in the SWIFT program. Sincerely, Jessica Zuba Deputy Executive Administrator Texas Water Development Board Cc: Luis Farias, Manager, Regional Project Implementation Team 3 Primrose Case NumberTypeLocationDescriptionCurrent StatusResolution StatusRP-02-23-18Replat 4105 Aspen Lane ReplatReplat of of property on Aspen LaneScheduled for April P&Z and TC Public Hearings scheduledRP-03-29-18Replat/Vacating Plat PD6 & PD1-1Knolls at Solana Vacating Plat; Solana Fitness Club ReplatScheduled for April P&Z and TC Public Hearings scheduledSP-01-25-18Site PlanEntrada Block A&O Amended Retail Corner / Tower Under staff review Application under reviewSP-02-16-18-2Site PlanSolana PlazaAddition of Parking at the Solana PlazaUnder reviewApplication under reviewSP-09-15-17Site PlanEntrada; adjacent to restaurant ROWSite plan for wedding chapel and reception hallScheduled for April P&Z and TC Public Hearings scheduledSP-12-29-17Site PlanEntrada Block KEntrada Plaza Mayor Scheduled for April P&Z and TC Public Hearings scheduledSUP-03-20-18Specific Use Permit Entrada Block KEntrada Plaza Mayor; CondominiumScheduled for April P&Z and TC Public Hearings scheduledZ-11-17-17Rezoning Request (R5 to PD)Pearson Lane south of Aspen LaneRezoning request for approximately 80 residential units on 40 acres currently zoned R5Scheduled for April P&Z and TC Public Hearings scheduledActive Planning and Zoning Case Log - March 2018 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager d. Section 551.071(2) – Consultation with City 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: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. Town Council Item # 6 – Executive Session Town Council Item # 7 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 8 – Council Recap / Staff Direction Town Council Item # 9 – Adjournment Work Session 2. COMMUNITY BEAM SIGNING OPPORTUNITY FOR THE NEW FIRE-EMS STATION NO. 1. (This is an opportunity for Westlake families to sign a beam that will be installed in the station.) Join us this evening at Town Hall as we offer an opportunity to sign your family’s name on a beam to be placed inside the new Westlake Fire-EMS Fire Station No. 1! If you cannot make the Regular Meeting time of 6:30 pm (or immediately following the Workshop) when we will sign together, Town staff will be on- site to accommodate our residents until 8:00 pm on the west side of Town Hall. Don’t miss this chance to be included in Westlake history Town Council Item # 2 No supporting documentation 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. Westlake Spring MasterWorks Outdoor Concert (2 of 2) Thursday, April 26, 2018; 7:00 – 8:00 pm Solana Plaza Courtyard, 1301 Solana Boulevard, Bldg.4 -Last concert in our spring series; Live music on this evening from Petty Theft (Dallas), a favorite area Tom Petty tribute band and first-time Westlake performance. Questions? Contact Ginger Awtry at 817-490-5719 or at GAwtry@westlake-tx.org. Westlake Academy Annual Bandana Bonanza; Hosted by the House of Commons (HOC – WA Parent- Teacher Organization) Saturday, April 28, 2018; 3:00 – 6:00 pm WA Campus, 2600 JT Ottinger Road -Westlake residents welcome! Please join our WA families at this annual fun-day full of games, rides, entertainment, food, and so much more. Our incredible parent volunteers never disappoint with this favorite school event and we hope you will join in the festivities. For more information & ticket pre-orders, visit our WA PTO organization’s website at WA-HOC.org. Town Council Workshop/Meeting Monday, April 30, 2018* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7200, Council Chambers -Join us this evening at Town Hall as we offer an opportunity to sign your family’s name on a beam to be placed inside the new Westlake Fire-EMS Fire Station No. 1! I f you cannot make the Regular Meeting time of 6:30 pm (or immediately following the Workshop) when we will sign together, Town staff will be o n - site to accommodate our residents until 8:00 pm on the west side of Town Hall. Don’t miss this chance to be included in Westlake history Keller PD Welcome Reception at Westlake Academy (moved from April 25) Tuesday, May 1, 2018; 4:00 – 4:30 pm WA Campus – Multi-Purpose Hall (MPH) -You’re invited to join us at this opportunity to meet and greet several of our Town’s police officers as they begin using the WA substation office and to thank our donors for helping increase police presence on our WA campus and in the Westlake community. Westlake Historical Preservation Society (WHPS) Board Meeting Tuesday, May 1, 2018; 6:30 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7200, Council Chambers Danish & Dialogue with Westlake Academy Leaders Thursday, May 3, 2018; 8:00 – 9:00 am WA Campus-Lee Fieldhouse Classroom -Open to all Westlake & WA parents/grandparents: current or considering; May Topic: Presentation of programs for the 2018-19 school year Westlake Academy Kindergarten Roundup Thursday, May 3; 6:00 - 7:30 pm; WA Campus-main entrance in the Primary Commons, 2600 J.T. Ottinger Road -For prospective students' parents/grandparents and incoming students' parents/grandparents; Please RSVP today and learn more about WA and what your kindergartner can expect. Simply Westlake hosts 5th Anniversary Family Celebration Sunday, May 6; 4:00 - 6:00 pm at Starpower in Southlake, 1600 E. Southlake Blvd., 76092 -Residents, Mark your calendars and bring your entire family to celebrate Simply Westlake's special anniversary. You'll enjoy family movies in the screening rooms, chef demonstrations and sampling, prize give-a-ways, cake and Town Council Item # 3 – Items of Community Interest refreshments, wine and beer. For all the Rangers fans, the game will be on too! RSVP is required. Questions? Email Diana or Connie today. Coffee & Conversation with the Mayor/Board President Monday, May 7, 2018; 8:00 – 9:30 am Marriott Solana Hotel – Great Room Board of Trustees Workshop/Meeting Monday, May 7, 2018*; 5:00/6:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Public Art Competition Advisory Committee Meeting Monday, May 14, 2018*; 11:00 – 1:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Planning & Zoning Workshop/Meeting Monday, May 14, 2018*; 5:00 pm/6:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Town Council Workshop/Meeting Monday, May 21, 2018* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7200, Council Chambers WA Math & Science Outdoor Learning Plaza Ribbon Cutting (Tentative date, pending construction schedule) Tuesday, May 22, 2018; 8:30 am WA Campus, Plaza site- located along north drive; parking next to Secondary Building, behind the Gym -Watch for more details/confirmation regarding this grand opening and ribbon cutting of the new Math & Science Outdoor Learning Plaza; Join us as we celebrate and show appreciation to our WAF donors for their generosity and continued support by providing this unique learning environment. Westlake Municipal Offices & Westlake Academy CLOSED in observance of Memorial Day Monday, May 28, 2018 Annual Decoration Day; Hosted by the Westlake Historical Preservation Society Monday, May 28, 2018; 6:00 – 8:00 pm Westlake IOOF Cemetery, 1301 JT Ottinger Road -Old fashioned small town gathering held each year to honor those who have died in service protecting our great nation and freedoms. New this year: US Flag Retirement and Sounds of Battle; and as always, enjoy free hot dogs, ice cream, and cobblers prepared by local Boy Scout Troop, with special guest speaker and music. Town Council Annual Planning Retreat Thursday, May 31, 2018; All day Hilton Garden Inn-Alliance Airport, 2600 Westport Parkway, Ft. Worth, 76177 2018 WA Senior Banquet Thursday, May 31, 2018; 6:00 – 9:00 pm The Bowden, 1775 Keller Parkway, Keller, 76248 Coming up in June …mark your calendars! 2017 Westlake Academy Commencement Ceremony Saturday, June 2, 2018; 2:00 pm Hurst Conference Center; 1601 Campus Drive, Hurst, 76054 Board of Trustees Workshop/Meeting Monday, June 4, 2018*; 5:00/6:00 pm Westlake Council Chambers, Solana Terrace, Bldg. 7-Suite 7100, First Floor Town Council Workshop/Meeting Monday, June 18, 2018* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7200, Council Chambers *For meeting agendas and details on WA calendar events or Municipal calendar events, please visit the Westlake Academy website or the Town of Westlake website for further assistance. 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 # 4 – 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 March 26, 2018. b. Consider approval of Ordinance 851, By Amending Chapter 74 titled Solid Waste by deleting Chapter 74, and replacing it with Chapter 74 Solid Waste. c. Consider approval of Resolution 18-14, Expressing Official Intent to Reimburse Costs of the Regional 30” Waterline Project to be Constructed by the City of Fort Worth. d. Consider approval of Resolution 18-15, Requesting Financial Assistance from the Texas Water Development Board; Authorizing the filing of an application for financial participation and designation of authorized representatives in connection therewith, to fund the Town of Westlake’s proportional costs related to the Engineering and Construction of a regional 30” Waterline by the City of Fort Worth. e. Consider approval of Resolution 18-16, Authorizing the Town Manager to enter into a contract with P3 Works, LLC for public improvement District Administrator Services related to the Solana Public Improvement District. Town Council Item # 5 – Consent Agenda Town Council Minutes 03/26/18 Page 1 of 8 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING March 26, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, and Rick Rennhack. ABSENT: Wayne Stoltenberg OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Building Official Pat Cooke, Development Coordinator Nick Ford, Director of Finance Debbie Piper, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, and Management Intern Kirk McDaniel. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:09 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Town Manager Brymer provided an overview item d of the consent agenda regarding the Atmos RRM. Town Council Minutes 03/26/18 Page 2 of 8 4. REPORTS a. Annual report from the Keller Police Department relative to police services and the racial profiling report for the Town of Westlake. 5. DISCUSSION ITEMS a. Presentation and discussion of the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2017. Mr. John DeBurro, Weaver and Tidwell, provided a presentation and overview of the report. Discussion ensued regarding revenue contributions, permit increases, the implementation of GASB 75, and providing a hotel occupancy tax trend during the budget process. b. Follow-up regarding the March 6, 2018, Entrada Development work session. Director Ruthven and Coordinator Ford provided and overview of the proposed amendments to Ordinance 703 as discussed during the work session. Discussion ensued regarding the commercial and residential structures, adding an exception or variation of the process requiring the developer to make a request on a case by case basis, EB 5 financing, review of permits and construction drawings, continuing to be proactive regarding the architecture, frontage roads along Highway 114, 35W Collation meeting attendance, residential structures along the canal, and the sales office. c. Discussion regarding the vacant Alternate seat on the Planning & Zoning Commission. Town Secretary Edwards provided an overview of the item. Council advised they would reach out to residents regarding the vacancy. Director Ruthven provided an overview of the requirements and time needed to serve on the Commission. d. Standing Item: Presentation and discussion of development projects per Staff report February 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Minutes 03/26/18 Page 3 of 8 Director Ruthven provided an overview of the development and proposed plats in Entrada. Project Blizzard/Charles Schwab: vertical construction underway; and Schwab Way is almost completed but does not connect to Trophy Club Way as this time. Traffic Signals: Solana Boulevard and Kirkwood Boulevard constructed but not operational. 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: - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada - Project Connect 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. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan e. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance Town Council Minutes 03/26/18 Page 4 of 8 f. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION - Prepare an amendment to Ordinance 703 as discussed during the work session. - Provide a Town representative at the 35W Collation meetings. - Meet with stakeholders to further discuss with TxDOT the frontage roads along Highway 114. 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:28 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:34 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events including the International Leadership Symposium. 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 03/26/18 Page 5 of 8 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on February 26, 2018. b. Consider approval of the minutes from the meeting on March 6, 2018. c. Consider approval of Ordinance 848, Canceling the May 5, 2018, General Election. d. Consider approval of Ordinance 849, Approving a Tariff Authorizing an Annual Rate Review Mechanism (“RRM”) as a Substitution for the Annual Interim Rate Adjustment Process Defined by Section 104.301 of the Texas Utilities Code, and as Negotiated Between Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” Or “Company”) and the Steering Committee of Cities Served By Atmos; Requiring the Company to Reimburse Cities’ Reasonable Ratemaking Expenses; Adopting a Savings Clause; Determining that this Ordinance was Passed in Accordance with the Requirements of the Open Meetings Act; Declaring an Effective Date; and Requiring Delivery of this Ordinance to the Company and Legal Counsel for the Steering Committee. e. Consider approval of Resolution 18-11, Accepting the annual Comprehensive Annual Financial Report (CAFR) presented by Weaver and Tidwell, L.L.P., for the fiscal year ended September 30, 2017. f. Consider approval of Ordinance 850, Amending Chapter 10 by reordering and adding an Article regarding a Special Event, enacting permit procedures, fees and regulations regarding Special Events within the town. 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 4-0 Mayor Wheat stated that items 5 and 6 would be discussed together. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-12, APPROVING A REPLAT OF AN APPROXIMATELY 2.044-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 11 (PD 3-11), ESTABLISHED BY ORDINANCE 593 FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 170 AND US HIGHWAY 377, COMMONLY KNOWN AS WESTLAKE CORNERS NORTH SUBDIVISION. THE REPLAT SHOWS THE FIREBRAND ADDITION LOT 1, BLOCK 1. Development Coordinator Ford provided a presentation and overview of both items 5 and 6 of the agenda. Discussion ensued regarding current square footage, number of parking spaces, architecture, ingress and egress, landscaping, lighting and the logo. Mr. Stan Haddock, Spec’s, spoke regarding the history of the logo. Town Council Minutes 03/26/18 Page 6 of 8 Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the joint public hearing. MOTION: Council Member Belvedere made a motion to approve Resolution 18-12. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-13, AMENDING A PLANNED DEVELOPMENT SITE PLAN OF AN APPROXIMATELY 2.044-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 11 (PD 3-11), ESTABLISHED BY ORDINANCE 593 FOR THE PROPERTY GENERALLY LOCATED AT THE NORTHWEST CORNER OF STATE HIGHWAY 170 AND US HIGHWAY 377, COMMONLY KNOWN AS WESTLAKE CORNERS NORTH SUBDIVISION. THE PD SITE PLAN SHOWS AN ADDITION TO THE SPEC’S WINES, SPIRITS & FINER FOODS LOCATED MORE SPECIFICALLY AT 2431 US HIGHWAY 377. Development Coordinator Ford provided a presentation and overview of both items as stated above under item 5 of the agenda. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the joint public hearing. MOTION: Council Member Langdon made a motion to approve Resolution 18-13. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. EXECUTIVE SESSION The Council convened into executive session at 6:52 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 03/26/18 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 Connect 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. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Zoning and the Comprehensive Plan e. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance f. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager 8. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:40 p.m. 9. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No necessary action. 10. FUTURE AGENDA ITEMS No additional discussion required. Town Council Minutes 03/26/18 Page 8 of 8 11. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Mayor Wheat adjourned the meeting at 9:41 p.m. APPROVED BY THE TOWN COUNCIL ON APRIL 30, 2018. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Consider an Ordinance amending CH 74, Solid Waste, of the Town’s Code of Ordinances by deleting the current CH 74 and replacing it with CH 74 Solid Waste and providing: definitions; refuse collection service; disposal or removal of solid waste; trash cans and receptacles; prohibiting sanitary landfills; prohibiting nuisances; requirements for residential collection; franchise or license requirement; fee; commercial solid waste requirements. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Municipal & Academic Operations High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Revenue Amount: N/A Status - N/A Source - Utility Fund EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Over the past few years, the Town of Westlake like many of our neighboring communities, has seen a need to update the Solid Waste Ordinance to reflect changing environmental conditions and industry standards, as well as responding to increased development activities and the need to establish appropriate construction requirements to protect the environment and neighboring property owners. Page 2 of 2 As staff has presented to Council in previous meetings, municipalities are in the solid waste business, therefore the Town owns the solid waste stream and has a responsibility to ensure its proper disposal. In Westlake, much like most communities in North Central Texas, we outsource this service delivery to the private sector and “franchise” a provider. Our current provider, Republic, provides residential and commercial solid waste and recycling services, which includes commercial and residential construction within the Town. The Town’s current requirement that our franchised provider perform all construction debris removal is in keeping with neighboring and comparable communities: Section 16-35 of Southlake’s Code of Ordinances; Section 7-410 of Keller’s Code of Ordinances; Section 13 of Trophy Club’s Code of Ordinances; and Section 13 of Highland Park’s Code of Ordinances. This operational regulatory oversight exists because municipalities are charged by the state with the responsibility of the public safety and welfare of its citizens. The proposed Solid Waste Ordinance will provide for General definition and reference housekeeping and an opportunity for managed competition. A standard 12% License Fee is included in the proposed Ordinance. Additionally, the proposed Ordinance will address a category of waste haulers that the Town is not currently regulating - Liquid Waste Haulers. The liquid waste haulers section is an important issue that must be addressed, especially as we grow and get more restaurants and corporate campuses. The Town is dependent on voluntary compliance and we do not track anything. This is not acceptable to the EPA or TCEQ as discussed during the Town’s recent EPA inspection on April 12th. The liquid waste haulers permit covers grease traps, a topic that has become a priority for EPA and TCEQ. Staff has started working on a Fats-Oils-Grease (FOG) Ordinance that will need to be adopted in the coming months. This FOG Ord is dependent on the liquid waste haulers section of the proposed Solid Waste Ord. (Article III). The proposed ordinance does not address blowing trash, as it is a code compliance enforced under Article IV. - CLEANLINESS AND SANITATION OF PREMISES Sec. 46-114, Accumulations on lots or parcels of land prohibited. RECOMMENDATION N/A ATTACHMENTS Proposed Chapter 74 Solid Waste Ordinance Ordinance 851 Page 1 of 13 TOWN OF WESTLAKE ORDINANCE NO. 851 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 74 TITLED “SOLID WASTE” BY DELETING CHAPTER 74, AND REPLACING IT WITH CHAPTER 74 “SOLID WASTE”; PROVIDING FOR BY PROVIDING FOR DEFINITIONS; BY PROVIDING FOR REFUSE COLLECTION SERVICE; BY PROVIDING FOR DISPOSAL OR REMOVAL OF SOLID WASTE; PROVIDING FOR TRASH CANS AND RECEPTACLES; PROHIBITING SANITARY LANDFILLS, PROHIBITING NUISANCES; PROVIDING FOR REQUIREMENTS FOR RESIDENTIAL COLLECTION; PROVIDING FOR FRANCHISE OR LICENSE REQUIRED; PROVIDING FOR FEES; PROVIDING FOR COMMERCIAL SOLID WASTE REQUIREMENTS; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that there be appropriate regulations for the proper disposal of trash; and WHEREAS, the Town Council of the Town of Westlake find it necessary for the public health, safety and welfare that there be appropriate regulation regarding the people and companies that remove and transport waste utilizing Town rights-of-way; and WHEREAS, the Town has the ownership of and responsibility for the waste stream and appropriate regulations are required under state and federal law; and WHEREAS, upon the recommendation of the Town staff, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that the previous Chapter 74 “Solid Waste” should be deleted and the following Chapter 74 “Solid Waste” should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 74, “Solid Waste” is amended by deleting the current Chapter 74 “Solid Waste” and replacing it with Chapter 74 “Solid Waste” set forth as follows: Ordinance 851 Page 2 of 13 CHAPTER 74 SOLID WASTE ARTICLE I GENERAL REQUIREMENTS Sec. 74-1 Definitions. The following words, terms and phrases when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: In this article: Bulk cardboard means cardboard of a quantity or size that cannot be fitted inside a container or cart and that is free of any contents or material. Bulky waste means large discarded items from residences within the Town, such as appliances, furniture, household equipment, up to four (4) cubic yards of construction and demolition waste from do-it-yourself home projects, and other items too large for the cart. Cart means an approved rolling, molded plastic container, equipped with a lid, capable of holding not more than 95 gallons, and designed to be collected by an automated collection vehicle. Commercial property means real property that is not a residential property. Commercial solid waste means any solid waste generated from any improved real property other than improved real property used for single- or two-family dwellings. Commercial solid waste includes industrial waste and construction and demolition waste. Commercial solid waste customer means the owner or lessee of commercial property or of residential property with respect to the collection of construction and demolition waste. Commercial solid waste operator means any person who collects, hauls, or transports commercial solid waste industrial solid waste, or residential construction debris for a fee by use of a motor vehicle. Construction and demolition waste means waste resulting from construction or demolition projects, which includes all materials that are directly or indirectly the by-products of construction work or that result from demolition of buildings and other structures. Such materials may include paper, cartons, gypsum board, wood, excelsior, rubber, and plastic. Container means a receptacle designed to contain solid waste. For soft recyclables, a container includes a Town-supplied bag or customer-owned bag, box or bin. Disposal means the discharging, depositing, injecting, dumping, spilling, leaking, or placing of solid waste or hazardous waste, whether containerized or uncontainerized, into or on land or water so that the solid waste or hazardous waste or any constituent thereof may be emitted into the air, discharged into surface water or groundwater, or introduced into the environment in any other manner. Franchisee or franchised waste provider means the solid waste operator holding and exclusive franchise from the Town to collect and dispose of residential and commercial solid waste. Garbage means solid waste animal or waste materials from the handling, preparation, cooking or consumption of produce, food or other biodegradable matter Hazardous waste means any waste identified or listed as hazardous waste by any state or federal agency. Ordinance 851 Page 3 of 13 Household or Residential hazardous waste means hazardous waste generated by or from a residential property. A list of residential or household hazardous waste items designated to be collected from a residential property may be available from the Town. Industrial solid waste has the meaning as defined in Texas Health and Safety Code, Ch. 361, as amended. Industrial solid waste means solid waste resulting from or incidental to any process of industry or manufacturing, or mining or agricultural operations. Municipal solid waste means solid waste resulting from or incidental to municipal, community, commercial, institutional, or recreational activities, and includes garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and other solid waste other than industrial solid waste. Person means an individual, corporation, organization, government or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Pick-up day means a day scheduled by the Town for pick-up of trash bags for a portion of the Town that includes the residence, public, commercial, industrial, or other business establishment in question, as published by the Town in the official Town newspaper or other method of providing notice approved by state law, on the official Town website or in any other manner designed to provide notice. Radioactive waste means waste that requires specific licensing under the Texas Health and Safety Code, chapter 401 and the rules adopted by the Texas Commission on Environmental Quality. Recyclable material means a material that has been recovered or diverted from the nonhazardous waste stream for purposes of reuse, recycling, or reclamation, a substantial portion of which is consistently used in the manufacture of products that may otherwise be produced using raw or virgin materials. Although recyclable material is not solid waste, it may become solid waste if it is abandoned or disposed of rather than recycled, whereupon it will be solid waste with respect to the party actually abandoning or disposing of the material. Recycling means a process by which materials that have served their intended use or are scrapped, discarded, used, surplus, or obsolete are collected, separated, or processed and returned to use in the form of raw materials in the production of new products. Except for mixed municipal solid waste composting, that is, composting of the typical mixed solid waste stream generated by residential, commercial, and/or institutional sources, recycling includes the composting process if the compost material is put to beneficial use. Refrigerant means a Class I or Class II substance as listed in 42 U.S.C. Section 7671a and rules adopted under that section, as amended. Residential property means seal property containing a building designed for use as a single- or a two-family residence. Residential waste means solid waste generated from a residential property that can be enclosed in a container designed for solid waste. Residential waste does not include bulk building materials or construction debris. Sanitary landfill means a controlled area of land on which solid waste is disposed of in accordance with standards, rules, or orders established by the commission. Soft recyclables means men's, women's and children's clothing, coats and jackets, jewelry, shoes, purses, hats, toys, pictures, mirrors, blankets, drapes/curtains, pillows, sleeping bags, small furniture, small appliances, irons, radios, lamps, hairdryers, tools, microwaves, coffee makers, silverware, dishes, pots, pans, glasses and backpacks. Ordinance 851 Page 4 of 13 Solid waste shall be defined broadly to include: (a) all garbage, rubbish, refuse or other solid waste materials normally generated from commercial or residential properties other than recyclable material, hazardous waste generated by commercial solid waste customers, domestic septage, grease trap waste, grit trap waste, lint trap waste, or sand trap waste; (b) for residential properties, solid waste may include residential waste, garbage, dead animals, bulky waste, green waste, recyclable material, and residential hazardous waste as well as the state law definition in Health and Safety Code section 361.003, which provides that solid waste means garbage, rubbish, refuse, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and other discarded material, including solid, liquid, semisolid, or contained gaseous material resulting from industrial, municipal, commercial, mining, and agricultural operations and from community and institutional activities. The term: (1) does not include: (i) solid or dissolved material in domestic sewage, or solid or dissolved material in irrigation return flows, or industrial discharges subject to regulation by permit issued under Chapter 26, Water Code; (ii) soil, dirt, rock, sand, and other natural or man-made inert solid materials used to fill land if the object of the fill is to make the land suitable for the construction of surface improvements; or (iii) waste materials that result from activities associated with the exploration, development, or production of oil or gas or geothermal resources and other substance or material regulated by the Railroad Commission of Texas under Section 91.101, Natural Resources Code; and (2) does include hazardous substances, for the purposes of Health and Safety Code Sections 361.271 through 361.277, 361.280, and 361.343 through 361.345. Temporary means thirty (30) days or less. Temporary construction and demolition waste means construction and demolition waste from a project that does not exceed 30 days Trash means all garbage, refuse, rubbish, waste, junk, debris, rubble, ruins, scrap, leavings, remnants, residue, soil or litter. Trash bag means a plastic bag or sack container that is designed and sold for the purpose of placing trash in it for disposal. Waste has the same definition as solid waste. Weeds means all rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes, or vermin. Sec. 74-2 Refuse collection service; requirement for franchise or license. (a) The Town has the ownership interest in the waste stream and the right and responsibility to properly regulate it. (b) The town may entered into an agreement with a private refuse collection service to collect garbage, trash and rubbish from the residents of the town by emptying or collecting garbage cans, trash receptacles, or containers, and transporting the residential waste to a sanitary landfill outside the corporate limits of the town. (c) Residential customers shall use a franchised waste provider. Ordinance 851 Page 5 of 13 Sec. 74-3 Disposal or removal of solid waste (a) It is unlawful for any person to transport any solid waste generated from any private real property and place that solid waste into a container located on public property owned or controlled by the Town without the Town's consent. (b) It is unlawful for any person to place solid waste into any solid waste container not owned by, rented to, or under the control of that person, unless the person placing the solid waste has the consent of the owner or person exercising control of the container. (c) It is unlawful for any person to transport solid waste from any place outside the Town limits to any place within the Town limits for the purpose of causing the same to be collected as residential solid waste by the Town. (d) It is unlawful for any person to intentionally, knowingly or recklessly scavenge from, search through, disturb, or remove any contents placed for collection by the Town and: (1) Located in a container, cart, bag, or other receptacle; or (2) Located on any public street, alley, parkway, right-of-way, or other public property. (e) It shall be unlawful for any person to dispose of or permit the disposal of any garbage, hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste on any land within the corporate limits or the extraterritorial jurisdiction of the Town except to place such waste in proper containers constructed of metal, plastic, rubber or paper and placed appropriately for collection by an authorized refuse collection service. (f) It shall be unlawful for any person to dispose of any hazardous waste, industrial solid waste, municipal solid waste, radioactive waste, rubbish or solid waste by placing any of said waste products in any receptacle, toilet, drain or other opening that would lead to a sanitary or storm sewer. (g) It is a defense to prosecution under this section that the person was authorized by the Town to collect the solid waste or the person owns or has the right to use the contents or solid waste container, cart, bag, or other receptacle. Sec. 74-4. - Building construction trash. Trash resulting from construction of any structure within the town, including but not limited to buildings of any type, or remodeling of any structure, shall be removed promptly at the expense of the owner of the property upon which the construction took place. All construction or building site dumpsters must be provided by the town's franchised or licensed waste collector[s]. Sec. 74-5. - Trash cans and receptacles. (a) It shall be the mandatory duty of every person occupying a residence to place or cause to be placed in trash bags, and of every owner, agent, lessee, occupant or person in charge of any public, commercial, business or industrial establishment in the town to place or cause to be placed in trash bags or mechanical trash containers, all trash that accumulates upon their premises; provided, however, that it shall be the mandatory duty of any person owning or having control over any property where construction requiring a building permit is taking place and where the construction is being performed in relation to a residential structure, garage, swimming pool, or building to be used for commercial, industrial or business purposes, prior to Ordinance 851 Page 6 of 13 the start of construction, to place upon the property a dumpster, provided by the Town's franchised or licensed waste collector, for purposes of depositing rock, waste, concrete, wood, earth, dirt, scrap building materials or other trash generated by the construction work therein. The dumpster must be placed, where possible, so as to be screened from public view and must be removed from the building site immediately upon the completion of construction. Except where the prior permission of the owner or person in control of a dumpster has been secured, it shall be an offense for any person to place or deposit or cause to be placed or deposited any trash into any dumpster required by this subsection when the dumpster is not under that person's ownership or control; provided, however, that it shall be presumed that a person who is not the owner of or does not have control over a dumpster and who deposits any trash into the dumpster did not have permission of the owner or person in control of the dumpster to make the deposit. (b) Trash bags at all times must be kept secure and closed so that flies and other insects may not have access to the contents thereof, and must remain closed except while the trash bag is being filled. The doors or covers of all mechanical trash containers must at all times be kept secure and fastened so that flies and other insects may not have access to the contents thereof, and the doors or covers must not be opened except while the containers are being filled or emptied. (c) It shall be the duty of each person to keep and maintain any receptacle for trash in such a manner that it shall not become or constitute a public nuisance. Sec. 74-6. - Sanitary landfill prohibited. (a) It shall be unlawful for any person to operate a sanitary landfill. (b) It shall be unlawful for any person to operate a facility, landfill or unit for the disposal of hazardous waste, industrial solid waste, municipal solid waste, or radioactive waste, within the corporate limits or the extraterritorial jurisdiction of the town.. Sec. 74-7. - Exceptions. A person may burn, on one's own property, the following combustible waste materials: paper, cartons, wood, yard trimmings, leaves and similar materials, provided that such burning is in accordance with all federal, state, and county rules and regulations. Sec. 74-8. - Nuisance. Whatever is dangerous to human life or health, or whatever renders the ground, water, air or food a hazard or is likely to cause injury to human life or health, or that is offensive to the senses or that is or threatens to become detrimental to the public health, is hereby declared to be a nuisance. The specific acts, conditions and things prohibited in this chapter are, among others, each hereby declared to be nuisances and against the general health, safety and welfare and are hereby made unlawful. Sec. 74-9. - Composting. Notwithstanding any provision in this chapter to the contrary, composting within the guidelines established by the state is allowed so long as a nuisance, as defined in section 74-8 “Nuisance” is not created. Ordinance 851 Page 7 of 13 Sections 74-10 through 74-31 Reserved. ARTICLE II. – RESIDENTIAL Sec. 74-32. – Requirements for residential collection. (a) Customers. (1) Except for bulky waste, green waste, soft recyclables and bulk cardboard, customers must place all solid waste within a cart provided by the Franchisee. (2) Customers should contain all solid waste placed in carts used for garbage in plastic or paper bags to help prevent odors and the contents from blowing out of the container when the cart is being emptied. (3) Customers may not place hot ashes, car parts, or non-residential hazardous waste in a cart or at the curb for collection. (4) Customers may not place construction and demolition waste from a contractor project in a cart or at the curb for collection. (5) Customers must place the carts for solid waste collection at the base of the curb (where curbs exist) with the cart wheels against the curb. (6) Customers must place carts, containers, bags, green waste, bulk cardboard and all other solid waste in a manner that does not block sidewalks, that is not within three feet of a mailbox, parked car, or other fixed object, and that is clear of low hanging limbs and utility lines. (7) Customers may not place solid waste in a cart that exceeds the maximum weight rating capacity imprinted on the container. (8) Customers may not place carts, containers, bags, bulk cardboard, or solid waste out by the curb for collection earlier than 6:00 p.m. the evening before the day of collection and later than 7:00 a.m. of the day of collection. Customers must remove carts and containers from the curb no later than 8:00 a.m. on the morning following the day of collection. (9) Customers may place bulky waste that is less than three (3) feet by three (3) feet by six (6) feet with the regular trash pickup. The amount of waste for a regular pickup may not exceed seventy-five (75) pounds. (10) Customers must request a special pickup for household appliances or bulky waste in excess of the dimensions set out in subsection (9) above. If a special pickup is approved, customers must place the appliance(s), bulky waste or tree limbs out for collection for the designated date and in the manner required. The bulky waste must follow all franchise guidelines for pick-up. (11) Customers may place up to ten cubic yards of green waste to be collected on the scheduled collection day. (12) Customers can only receive a special pick up for refrigerators if the Customer arranges a special pick up from Franchisee and (i) All doors of a refrigerator or freezer are removed; and (ii) A tag is prominently displayed on the appliance issued by a person licensed to perform air conditioning and refrigeration work under Ordinance 851 Page 8 of 13 V.T.C.A., Ch. 1302, Texas Occupations Code, as amended, certifying that all refrigerants have been removed. (13) Customers must place all bulky waste, green waste, bulk cardboard and soft recyclables no farther than four feet from the curb for collection. (14) Customers must place all recyclables in recycling containers. (b) Town. The Town is not required to collect any residential solid waste that does not comply with the requirements of this section. Sec. 74-33. –Franchise required. (a) It is unlawful for any person, other than the Town to operate or cause any other person to operate a motor vehicle upon a public street in the Town for the purpose of collecting for compensation solid waste generated from residential property. (b) It is a defense to prosecution under this section that the person has a franchise with the Town or the consent of the Town to collect solid waste from residential property within the Town. (C) Only a franchised waste transporter or hauler shall transport residential waste. Sec. 74-34. – Fees and billing. Each residential property must pay a monthly fee as established by the Town Council for having available or receiving residential solid waste collection and removal services. The fee is billed monthly by the Town and is payable on the due date shown on the bill. The charge for residential solid waste service shown on a customer’s monthly billing is not considered a separate billing from other Town services for purposes of determining delinquency. Should the customer fail to timely pay the total combined monthly bill for water, sewer, and residential solid waste collection, the Town may discontinue water service to the residential property in accordance with the provisions applicable to delinquent payments for water and sewer service. Sections 74-35 through 74-40 Reserved. ARTICLE III. – COMMERCIAL SOLID WASTE, LIQUID WASTE, AND RECYCLABLE MATERIALS OPERATORS Sec. 74-41 Requirements of Other Ordinances Not Waived Nothing in this Article shall be considered a waiver of the requirements of Chapter 36 and other Town requirements in regard to waste. Sec. 74-42. – Commercial solid waste requirements. Commercial property. For each commercial property: (a) All commercial solid waste must be placed within the container approved by Town Manager or designee as required by chapter 36, unless the container requirements is waived as provided by chapter 36; (b) All commercial solid waste must be contained within the container to help prevent odors and the contents from escaping from the container; Ordinance 851 Page 9 of 13 (c) The area around the container must be kept clear of obstructions so that the exclusive franchisee may service the container; (d) Containers may not be modified or used for any purpose other than for disposal and collection of commercial solid waste; and (e) Containers must be located in a safe, accessible location that allows for adequate clearance for collection. Sec. 74-43. – Fees. Each commercial solid waste transporter must pay a monthly fee to the Town for use of streets, roadways and rights-of-way. Sec. 74-44. – License or franchise required. (a) Commercial solid waste operators collecting, transporting, or disposing of commercial solid waste or temporary construction and demolition waste within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (b) Liquid waste operators collecting, transporting, or disposing of liquid waste within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (c) Recyclable materials operators collecting, transporting, or disposing of recyclable material from commercial property within the Town’s corporate limits for compensation must obtain a license from the Town under this article. (d) Notwithstanding the provisions in subsection 74-72(b) of this Code, the license is valid for a term beginning January 1 or upon issuance and ending December 31 annually, unless earlier revoked, for: (1) Recyclable materials operators; (2) Liquid waste operators; and (3) Commercial solid waste operators that collect, haul, transport, and dispose of temporary construction and demolition waste. (d) A License may be automatically renewed unless the terms of the License specify that it is not automatically renewed. (e) Any License subject to automatic renewal shall not be automatically renewed if notice is sent by the Town to the address provided by Licensee in Licensee’s application that such automatic renewal is withdrawn (f) A person holding a franchise from the Town is exempt from the requirement of obtaining a License under this section. Sec. 74-45. – License application requirements. To obtain or renew a license under this article, the application must be made on forms provided by the Town for that purpose along with any initial or renewal application fee. The application requires that the applicant: (a) State the name under which the operator conducts business, the business address, and the telephone number; (b) State the make, model, and body style of each motor vehicle to be used in the Town; (c) Submit legally binding proof of liability insurance for the motor vehicles in the amounts required by law; Ordinance 851 Page 10 of 13 (d) Submit legally binding proof of insurance for the types of insurance and amounts of insurance required for Franchisee; (e) Current customers, routes and end destination; (f) Agree to abide by and be bound by the provisions of this article and to comply with all other federal and state laws applicable to the licensee’s activities; and (g) Submit any other information reasonably required by the Town to administer this article. Sec.74-46. – License regulations. (a) All licensees must prominently place clearly legible letters not less than five inches in height on both sides of the vehicles, containers and equipment that the licensee operates within the Town that identify the assigned number of each vehicle and the name and telephone number of the licensee. (b) All licensees providing collection services for recyclable materials must display recycling signage on all vehicles, containers, and equipment in legible letters not less than five inches in height. (c) All licensees’ vehicles, containers and equipment must be well-maintained, in good repair, clean, sanitary, and free from leaks and excessive emissions. (d) All licensees must contain, enclose or tie all commercial solid waste and recyclable materials in a manner that prevents spilling, leaking or blowing. (e) All licensees must immediately clean up all leakage, spillage and blown debris resulting from the licensees’ vehicles or equipment. (f) All licensees must maintain all vehicles, containers and equipment in compliance with the laws and manufacturers’ specifications. (g) All licensees must maintain all required insurance during the term of the license, and provide legally binding proof of said insurance upon request of Town Manager or designee; (h) All licensees must notify the Town of any change in the information submitted in an application for a license, including a change in the name, address or telephone number of the licensee. (i) All licensees must maintain their licenses issued under this article in compliance with the Town’s ordinances. (j) The Town Manager or designee may examine the books, papers, records, financial reports, equipment, and other facilities of a licensee to verify compliance with this article. (k) Each commercial solid waste operator must keep for two consecutive calendar years all scale house tickets, receipts, invoices, manifests, and other documents evidencing the collection within the Town of commercial solid waste and the facility where the commercial solid waste was delivered. (l) Each commercial solid waste operator must submit monthly reports to the Town within 30 days following the end of each month. Said reports shall contain: (1) Detailed by month showing the total commercial solid waste tonnage collected by the commercial solid waste operator during each month of the previous quarter; (2) That includes the list of names and addresses of the disposal location(s) of the commercial solid waste collected within the Town during the previous quarter; (3) That includes the total amount of commercial solid waste delivered at each disposal location each month of the previous quarter; Ordinance 851 Page 11 of 13 (4) That show the gross revenues earned each month within the Town during the previous quarter; (5) That includes, in table format, the customer’s name, address, number of containers serviced, container type, size, and service schedule or on-call service; and (6) That includes any additional reports reasonably requested by the Town for the time period requested. Sec. 74-47. – Solid waste license fee. (a) Each commercial solid waste operator that has been granted a license under this article must pay a license fee equal to fifteen percent (15%) of the operator’s gross revenues from the collection, hauling, or transporting of commercial and industrial solid waste collected within the Town, after excluding therefrom the revenues licensee received from the collection, hauling, or transporting of recyclable material collected within the Town. (b) Each commercial solid waste operator must pay the required license fee monthly to the Town within 30 days following each month. Each monthly payment must be computed on the revenues for the month preceding the month in which the payment is due. Each commercial solid waste operator must provide with each monthly payment a statement of the gross revenues upon which the payment is computed, prepared according to generally accepted accounting practices, and signed by an authorized representative of the licensee. The commercial solid waste operator must pay a late penalty of 12 percent per annum, compounded daily, on any monthly payment, or portions thereof, that is paid subsequent to the required payment date. (c) Each monthly payment must also be accompanied by a listing of the location and number of commercial containers serviced by the commercial solid waste operator in the Town. (d) The Town may inspect and audit the commercial solid waste operator’s records upon which payments to the Town are computed and paid. If the Town’s inspection or audit shows that the commercial solid waste operator has underpaid an amount required to be paid under this article, the commercial solid waste operator must pay the deficiency within 60 days of the date the Town gives the commercial solid waste operator written notice of the deficiency. If the deficiency is more than ten percent of the amount the commercial solid waste operator was required to pay for the quarter, the commercial solid waste operator must also pay a penalty of ten percent per annum on the deficiency and the Town’s reasonable cost incurred for the inspection or audit. (e) The Town’s acceptance of a payment is not deemed to be a release or an accord as satisfaction of any claim the Town may have for further or additional sums payable under this article. The Town is not liable to refund to the commercial solid waste operator any payment the commercial solid waste operator makes to the Town that is more than the amount required to be paid by commercial solid waste operator under this article. Sec. 74-48 Revocation The Town Manager or designee may revoke a license for a violation of this chapter. 74-50 Failure to Obtain a License – Offense It is unlawful for any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of commercial solid waste within the Town’s corporate limits for compensation unless the person that owns or controls the motor vehicle: Ordinance 851 Page 12 of 13 (a) has an exclusive franchise with the Town; (b) has a valid license issued by the Town under this article; or (c) is providing commercial solid waste collections services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. Sections 74-51 through 74-74 Reserved. ARTICLE IV PENALTY Sec. 74-75. - Offense, penalty and culpable mental state. (a) Offense. It is unlawful for: (1) Any person to violate any provision of this chapter, and any person violating or failing to comply with any provisions of this chapter (2) Any person, other than the Town, to operate or cause any other person to operate, a motor vehicle upon a public street in the Town for the purpose of collecting, transporting, or disposing of liquid waste within the Town's corporate limits for compensation unless the person that owns or controls the motor vehicle has a valid franchise or license issued by the Town under this article. (3) Is providing commercial solid waste collection services in an area annexed by the Town under a contract in effect at the time of annexation, as applicable under Section 43.056(n), Texas Local Government Code. (b) Culpable mental state. A violation of this article requires a culpable mental state of "knowing." (c) Continuing violations. Each day any violation continues constitutes a separate offense. (d) Penalty. That any person found guilty of violating this chapter will be fined not more than $2,000.00 for each offense. SECTION 3: No prosecution or administrative action pending, and no violation of or noncompliance with any prior ordinance shall be affected or terminated by the passage of this ordinance. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 851 Page 13 of 13 SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30TH DAY OF APRIL 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Consider a resolution expressing official intent to reimburse costs of the regional 30” waterline project to be constructed by the City of Fort Worth. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: November 17, 2014 Completion Date: November 30, 2018 Funding Amount: $2,100,000.00 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As discussed during budget presentations, staff has been working with the Texas Water Development Board to obtain funding through the State Water Implementation Fund for Texas (SWIFT); a low interest loan through the state that has an opportunity for forgiveness of approximately 30% of the interest. The proposed Reimbursement Resolution is a companion Resolution to the other FW 30” Regional Waterline Project Ordinance and Resolutions presented for Council’s consideration. This Resolution will provide the Town the opportunity to reimburse the Utility Fund for cash financed project related invoices. To date, the Town has paid $1,130,872 from the Utility Fud Balance (cash) for expenditures related to the waterline project: Page 2 of 2 • June 2016 = $226,532 for engineering • February 2018 = $899,000 50% of estimated construction costs • Consulting = $5,340 Staff anticipates additional project related costs from Town consultants that are fully reimbursable from the Bond Issuance. The total amount of funds requested in the TWDB application is not to exceed $2,100,000.00. TWBD anticipates funds to be available in November 2018. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Resolution and Exhibit “A”, FW Waterline Reimbursement Resolution Resolution 18-14 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-14 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS OF THE REGIONAL 30” WATERLINE PROJECT TO BE CONSTRUCTED BY THE CITY OF FORT WORTH. WHEREAS, the Town of Westlake, Texas (the "Issuer") is a duly created governmental body of the State of Texas; WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the Town expects to pay, or have paid on its behalf, expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (the "Project") prior to the issuance of tax-exempt obligations, tax-credit obligations and/or obligations for which a prior expression of intent to finance or refinance is required by Federal or state law (collectively and individually, the “Obligations”) to finance the Project; WHEREAS, the Town finds, considers, and declares that the reimbursement for the payment of such expenditures will be appropriate and consistent with the lawful objectives of the Issuer and, as such, chooses to declare its intention to reimburse itself for such payments at such time as it issues Obligations to finance the Project; WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS THAT: SECTION 1: The Town reasonably expects to incur debt, as one or more series of Obligations, with an aggregate maximum principal amount equal to $2,100,000 for the purpose of paying the costs of the Regional 30” Waterline Project, as identified in Exhibit “A”, attached hereto. Resolution 18-14 Page 2 of 2 SECTION 2: All costs to be reimbursed pursuant hereto will be capital expenditures. No Obligations will be issued by the Issuer in furtherance of this Resolution after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. SECTION 3: The foregoing notwithstanding, no Obligation will be issued pursuant to this Resolution more than three years after the date any expenditure which is to be reimbursed is paid. SECTION 4: The foregoing Sections 2 and 3 notwithstanding, all costs to be reimbursed with qualified tax credit obligations shall not be paid prior to the date hereof and no tax credit obligations shall be issued after 18 months of the date the original expenditure is made. SECTION 5: 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 6: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30th DAY OF APRIL, 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Res 18-14 Exhibit "A" Regional 30” Waterline Project • Acquisition, construction, installation and equipment of additions, improvements, repairs and extensions to Issuer’s water system, including a water transmission line from the City of Fort Worth to serve the Town of Westlake and Trophy Club. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Consider a resolution requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for financial participation and designation of authorized representatives in connection therewith, to fund the Town of Westlake’s proportional costs related to the engineering and construction of a regional 30” waterline by the City of Fort Worth. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development People, Facilities, & Technology High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: November 17, 2014 Completion Date: November 30, 2018 Funding Amount: $2,100,000.00 Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As you may recall, Council approved an amendment to the contract at the November 17, 2014 regular meeting for Westlake’s proportionate cost for the installation of a new 48” water line, the first phase of the two-phase project. The Town’s proportionate cost for phase 1 was $2,826,315.02 paid out over 3 years. Page 2 of 2 In an effort to provide Council and staff with information to make a strategic decision of whether or not to participate in the construction of Phase 2, staff retained Halff Associates to conduct a feasibility analysis (attached) to examine Westlake’s options and the costs associated with each one. The report recommended participating in the Fort Worth water line project from the identified options below: 1. Participate in the Fort Worth water line project at a cost of $3,910,842. 2. Construct a 30” water line in 2026 without any intergovernmental cooperation at a cost of $11,275,000 (FTV $). 3. Construct a 16” water line in 2026 without any intergovernmental cooperation at a cost of $7,425,000 (FTV $). The proposed Request for Funding from the Texas Water Development Board for Council consideration is for the second phase of the two-phase project and follows the same proportional responsibility as phase 1. Town Council approved Resolution 17-33, an amendment to the Fort Worth Wholesale Contract, that provided for construction of the Fort Worth 30” water line at the August 27, 2017 Town Council Regular Meeting. The City of Fort Worth wanted Westlake and Trophy Club MUD to prepay for this project. Unfortunately, the Utility Fund Working Capital would be depleted if Westlake were to make the full prepayment. Fort Worth agreed to split Westlake’s payment up into two payments; the first payment of $899,000 has been paid and the second payment is to be paid when we obtain the Texas Water Development Board funding in FY 18/19. Based on the current Phase 2 project costs from The City of Fort Worth, Westlake’s total proportional financial obligation is now expected to be $1,816,350.04, leaving a remaining balance of $899,000. As discussed during budget presentations, staff has been working with the Texas Water Development Board to obtain funding through the State Water Implementation Fund for Texas (SWIFT); a low interest loan through the state that has an opportunity for forgiveness of approximately 30% of the interest. The proposed Resolution and attachment (TWDB-0201A) are satisfying the Texas Water Development Board’s procedural requirements for financing approval. Staff will include the engineering fees of $226,532.00 paid in 2016, the first payment mentioned above, and staff/consulting fees in the funding request. The total amount of funds requested in the TWDB application is not to exceed $2,100,000.00. TWBD anticipates funds to be available in November 2018. RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Resolution and Exhibit “A”, Texas Water Development Application Filing and Authorized Representative Resolution form TWDB-0201A Resolution 18-15 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-15 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD; AUTHORIZING THE FILING OF AN APPLICATION FOR FINANCIAL PARTICIPATION AND DESIGNATION OF AUTHORIZED REPRESENTATIVES IN CONNECTION THEREWITH, TO FUND THE TOWN OF WESTLAKE’S PROPORTIONAL COSTS RELATED TO THE ENGINEERING AND CONSTRUCTION OF A REGIONAL 30” WATERLINE BY THE CITY OF FORT WORTH. WHEREAS, the Town of Westlake is wholesale water customer of the City of Fort Worth; and WHEREAS, the provision of water service throughout the Town of Westlake is of vital importance to the health, safety, and welfare of the citizens of Westlake; and WHEREAS, Westlake desires to secure and maintain an adequate potable water source for the health, safety, and welfare of the citizens of Westlake; and WHEREAS, the Town Council find that the request for financial assistance in an amount not to exceed $2,100,000.00 from the Texas Water Development Board and filing of an application for assistance is in conformance with the Town Financial Policies; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the request for financial assistance in an amount not to exceed $2,100,000.00 and filing of a Texas Water Development Board application for assistance. SECTION 3: The Town Council of the Town of Westlake hereby authorizes the Town Manager to execute and submit the application to the Texas Water Development Board on behalf of the Town of Westlake, Texas for such financial assistance; and that the Town Manager, together with the Town Attorney, Town Bond Counsel, Financial Advisor, and Town Engineer named in the Texas Water Development Board Application Filing and Authorized Resolution 18-15 Page 2 of 2 Representative Resolution form TWDB-0201A, attached hereto as Exhibit “A” are hereby authorized to appear before the Texas Water Development Board in support of such application and project. SECTION 4: That the Town Manager is further specifically authorized to make the required assurances to the Texas Water Development Board in accordance with the rules, regulations and policies of the Texas Water Development Board. SECTION 5: That a certified copy of this Resolution shall be attached to the application for financial assistance herein authorized to be prepared and submitted to the Texas Water Development Board. SECTION 6: 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 7: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30th DAY OF APRIL, 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney TWDB-0201A Rev 11/16 Application Filing and Authorized Representative Resolution A RESOLUTION by the ___________________________________________________________ of the _____________________________________________ requesting financial assistance from the Texas Water Development Board; authorizing the filing of an application for assistance; and making certain findings in connection therewith. BE IT RESOLVED BY THE _________________________________________________________ OF THE________________________________________________________________________: SECTION 1: That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $____________________ to provide for the costs of ________________________________________________________________________________. SECTION 2: That ____________________________________________________ be and is hereby designated the authorized representative of the _____________________________________________ for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3: That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the ________________________________________________________ before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: ____________________________________________________ ____________________________________________________ Engineer: ____________________________________________________ ____________________________________________________ Bond Counsel: ____________________________________________________ ____________________________________________________ PASSED AND APPROVED, this the _______ day of_____________________, 20_____. ATTEST: ________________________________ By:_____________________________ (Seal) Resolution 18-15 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, April 30, 2018 TOPIC: Consider a resolution authorizing the Town Manager to execute a contract with P3 Works, LLC for Public Improvement District Administrator Services related to the Solana Public Improvement District. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Asst. to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Fiscal Responsibility People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Contract with Qualified Consultants Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: $20,000.00 Status - Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Solana Public Improvement District (PID) for the Entrada development was created by Resolution 14-07 by Town Council on February 24, 2014. In order to levy the assessment on property within the PID required to service the PID bonds, Town Council adopted Ordinance No. 741 approving the Solana Pubic Improvement District Service and Assessment Plan and Assessment Roll and defined the duties of the Solana Public Improvement District Administrator; Sections 372.013 and 372.014 of the Public Improvement District Assessment Act, Chapter 372, Texas Local Government Code (the “PID Act”) require that Service and Assessment Plans (SAP) and Assessment Rolls to be reviewed and updated annually which requires Council approval. The Town contracted MuniCap, Inc. to provide PID Administrator services in 2015. The proposed contract will change the Town’s PID Administrator from MuniCap to P3 Works. Based on Council action with the proposed contract, Staff is prepared to provide a 60-Day termination notice in accordance with the MuniCap contract termination requirement. The Town’s Bond Counsel has reviewed and signed off on the proposed contract. RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution with proposed contract Resolution 18-16 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-16 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO A CONTRACT WITH P3 WORKS, LLC FOR PUBLIC IMPROVEMENT DISTRICT ADMINISTRATOR SERVICES RELATED TO THE SOLANA PUBLIC IMPROVEMENT DISTRICT; AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT OF BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended (the "Act"), authorizes the Town Council (the "Council") of the Town of Westlake, Texas (the "Town"), to create a public improvement district within the Town; and WHEREAS, on February 24, 2014, the Council conducted a public hearing to consider a petition received by the Town on October 18, 2013 titled "Petition for the Creation of a Public Improvement District Within the Town of Westlake, Texas, for the Solana Public Improvement District" requesting the creation of a public improvement district; and WHEREAS, on February 24, 2014, the Council approved Resolution No. 14-07 (the "Authorization Resolution"), authorizing, establishing and creating the Solana Public Improvement District (the "District"); and WHEREAS, on January 15, 2015, the Council adopted Ordinance No. 741 which, among other matters, defined the duties of the Solana Public Improvement District Administrator; and WHEREAS, the Town Council finds that the proposed contract with P3 Works, LLC is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: The Town Council of the Town of Westlake hereby approves the contract with P3 Works, LLC for Public Improvement District Administrator services related to the Solana Public Improvement District, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions Resolution 18-16 Page 2 of 2 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 30th DAY OF APRIL, 2018. _______________________________ Laura Wheat, Mayor ATTEST: ___________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ___________________________ L. Stanton Lowry, Town Attorney Resolution 18-16 Page 1 of 8 AGREEMENT FOR PUBLIC IMPROVEMENT DISTRICT ADMINISTRATION SERVICES This Agreement for Public Improvement District Administration Services (“Agreement”) is entered into this ________ day of ___________________, 2018, by and between P3Works, LLC (“P3Works”), and the Town of Westlake, Texas (“Town”). RECITALS WHEREAS, the Town of Westlake Council passed Resolution No. 18-16 on April 30, 2018, approving and authorizing the creation of the Solana Public Improvement District No. 1 ("PID No. 1" or "District") to finance the costs of certain public improvements for the benefit of property within the District; and WHEREAS, the Town issued bonds to fund certain improvements in the PID as authorized by the Public Improvement District Assessment Act, Texas Local Government Code, Chapter 372, as amended; and WHEREAS, the Town requires specialized services related to the revision and updating of the Service and Assessment Plan ("Service and Assessment Plan"), bond issuance, and the administration of the District, as more fully set forth in this Agreement; and WHEREAS, the Town has previously entered into a PID Administration Agreement with Municap, Inc. (the "Original PID Administration Agreement"), and has elected to terminate such Original PID Administration Agreement pursuant to the terms thereof and enter into this Agreement with P3Works; and WHEREAS, P3Works has the expertise to properly establish and administer the District and ensure compliance with Texas Local Government Code Chapter 372; and WHEREAS, the Town desires to retain P3Works to provide District administration services; NOW THEREFORE, in consideration of the mutual promises and covenants contained in this Agreement, and for good and valuable consideration, P3Works and the Town agree as follows: ARTICLE I TERM OF AGREEMENT 1.0 The Agreement shall be effective as of its approval by all parties, and shall be for a period of three (3) years and shall automatically continue on a year to year basis until terminated pursuant to Article V of this Agreement. Resolution 18-16 Page 2 of 8 ARTICLE II SERVICES TO BE PROVIDED BY P3WORKS 2.0 The scope and timing of services to be performed by P3Works are set forth in Exhibit A, which is attached hereto and incorporated into this Agreement by this reference. 2.1 P3Works agrees that its services pursuant to this Agreement shall at all times be subject to the control and supervision of the Town and that nothing in this Agreement shall constitute an assignment of any right or obligation of the Town under any applicable contract, agreement, or law. P3Works shall not represent to any property owner or any other person that it or any of its employees are acting as the Town or employees of the Town. 2.2 No substantial changes in the scope of services shall be made without the prior written approval of P3Works and the Town. 2.3 P3Works shall supply all tools and means necessary to perform the services and production of the work product described in Exhibit A. ARTICLE III PAYMENT TERMS AND CONDITIONS 3.0 In consideration for the services to be performed by P3Works, the Town agrees to pay P3Works the fees for all services and related costs and expenses set forth in Exhibit A, beginning the first day of the month following the execution of this Agreement. Beginning on February 1, 2019, and each February 1 thereafter, the fees shall increase by 2%. 3.1 Monthly invoices shall be submitted to the Town for work completed. Town agrees to pay the amount due to P3Works upon receipt of each invoice. 3.2 Copies of all invoices to P3Works for expenses, materials, or services provided to P3Works will accompany the invoice to the Town. P3Works will pass any third-party cost through to the Town without markup, and will not incur any expense in excess of $200 without written consent of the Town. 3.3 The only source of payment for P3Works’ fees and services shall be the special assessments levied against property in the District or funds advanced by the developer. The Town general fund shall never be used to pay for any expenses relating to P3Works’ administration of the District. In the event there is insufficient District funds in a given year to pay P3Works’ fees and expenses, P3Works agrees to defer the fees and expenses until such time as there are sufficient District funds or funds advanced by the developer. ARTICLE IV TERMINATION OF THIS AGREEMENT 4.0 Notwithstanding any other provisions of this Agreement, either party may terminate this Agreement at any time by giving sixty (60) days written notice to the other party without penalty and without limitation of its right to seek damages. Town shall pay P3Works, within 30 days of such termination, all of P3Works’ fees and expenses actually accrued or incurred to and including the date of termination, including any amount incurred or accrued in connection with work in progress. Resolution 18-16 Page 3 of 8 ARTICLE V GENERAL PROVISIONS 5.0 This Agreement supersedes any and all agreements, including the Original PID Administration Agreement, either oral or written, between the parties hereto with respect to rendering of services by P3Works for the Town and contains all of the covenants and agreements between the parties with respect to the rendering of such services in any manner whatsoever. Each party of this Agreement acknowledges that no representations, inducements, promises, or agreements, orally or otherwise, have been made by any party which are not embodied herein and that no other agreement, statement, or promise not contained in this Agreement shall be valid or binding. 5.1 This Agreement shall be administered and interpreted under the laws of the State of Texas. This Agreement shall not be construed for or against any party by reason of who drafted the provisions set forth herein. If any part of this Agreement is found to be in conflict with applicable laws, such part shall be inoperative, null and void insofar as it is in conflict with said laws, but the remainder of this Agreement shall remain in full force and effect. 5.2 Neither this Agreement nor any duties or obligations under this Agreement may be assigned by P3Works without the prior written consent of the Town. 5.3 The waiver by either party of a breach or violation of any provision of this Agreement will not operate as or be construed to be a waiver of any subsequent breach thereof. 5.4 All records, reports, and other documents prepared by P3Works for the purposes of providing the services described in this Agreement shall be property of the Town. All such documents shall be made available to the Town during the course of performance of this Agreement, and in a format that is accessible from a commercial available software system. Any reports, studies, photographs, negatives, or other documents or drawings prepared by P3Works in the performance of its obligations under this Agreement shall be the exclusive property of the Town and all such materials shall be remitted to the Town by P3Works upon completion, termination, or cancellation of this Agreement. 5.5 The Town acknowledges P3Works’ ownership of its software, programs, inventions, know-how, trade secrets, confidential knowledge, source code, or other proprietary information relating to products, processes, services, software, formulas, developmental or experimental work, business plans, financial information, or other subject matter (“Confidential Information”) pertaining to the business of P3Works. This Agreement shall not in any way give rise to any requirement or obligation for P3Works to disclose or release any Confidential Information. 5.6 The headings and article titles of this Agreement are not a part of this Agreement and shall have no effect upon the construction or interpretation of any part hereof. 5.7 Should either party commence any legal action or proceeding against the other based upon this Agreement, the prevailing party shall be entitled to an award of reasonable attorney’s fees and costs. 5.8 All notices, requests, demands, and other communications which are required to be given under this agreement shall be in writing and shall be deemed to have been duly given upon the delivery by registered or certified mail, return receipt requested, postage prepaid thereon, as follows: Resolution 18-16 Page 4 of 8 To P3Works: Mary V. Petty P3Works, LLC 350 Rufe Snow Drive Suite 200 Keller, Texas 76248 To Town: _________________ Town Manager Town of Westlake 1500 Solana Blvd, Bldg 7, Suite 7200 Westlake, TX 76262 5.9 The parties hereby warrant that the persons executing this Agreement are authorized to execute this Agreement and are authorized to obligate the respective parties to perform this Agreement. A facsimile signature on this Agreement shall be treated for all purposes as an original signature. This agreement will be construed, the rights and obligations created hereby will be governed, and the remedies available will be provided in accordance with the laws of the State of Texas, regardless of the conflict of law principles customarily applied by the courts of any jurisdiction. Venue and adjudication will be in the courts having jurisdiction in Tarrant County, Texas. Executed on this ________ day of __________________, 2018: P3Works, LLC BY: _____________________________ Mary V. Petty Managing Principal Town of Westlake BY: ______________________________ Thomas E. Brymer Town Manager Resolution 18-16 Page 5 of 8 EXHIBIT A SERVICES TO BE PROVIDED PID FORMATION, SERVICE AND ASSESSMENT PLAN PREPARATION, AND BOND ISSUANCE SUPPORT SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 Administrative $75 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. District Due Diligence and Preparation of PID Plan of Finance 1. P3Works will review project information and prepare a plan of finance for the proposed transaction, including a. Assessed value schedules, value to lien analysis, and overall structuring to achieve Town goals and objectives b. Identify areas of risk and solutions to mitigate the risks, c. Bond sizing and bond phasing by improvement area, d. Sources and uses of funds by improvement area, e. Debt service schedules, and f. Assessment allocation and associated estimated annual installment by lot type for each improvement area. Preparation of Service and Assessment Plan 1. P3Works will prepare a complete and final Service and Assessment Plan to be adopted by Town Council and included in the Official Statement for the Bonds based on the Plan of Finance. 2. P3Works will present the Service and Assessment Plan to Town Council and request approval of Assessment Roll. Bond Issuance Support 1. P3Works will ensure bond documents, including the PID financing agreement, bond indenture, and official statement are all consistent with the Service and Assessment Plan. 2. P3Works will provide ad-hoc analysis as requested by the underwriter in preparation of the preliminary official statement 3. P3Works will execute a certificate in a form standard in PID bond financings, with such certificate to be addressed to all requested parties to the bond financing as required by a bond purchase agreement or other PID bond document. Resolution 18-16 Page 6 of 8 Participation in Presentations to Town Council or other Public Forums 1. P3Works will prepare and present information as requested to the Town Council or any other public forum. BASIC DISTRICT ADMINISTRATION SERVICES If no bonds are sold: Monthly Fee = $1,500 beginning the first of the month following execution of this Agreement for the first improvement area; and $1,000 per month for each improvement area thereafter. (Proration will occur for any partial month if not begun on the 1st day of the month.) If bonds are sold: Monthly Fee amounts will be adjusted to $2,500 for the first improvement area beginning the first month following the issuance of bonds; and $1,250 per month for each improvement area thereafter. See Section below related to “Consulting Services Relating to Future Improvement Areas and related Bond Issuance” for hourly fees if bonds are contemplated. Prepare Annual Service and Assessment Plan Update 1. If possible, obtain updated construction cost estimates (or actual costs for completed facilities) for District improvements, and update service and assessment plan text and tables. 2. Update service and assessment plan text and tables as necessary to account for any changes in development plan or land uses. 3. Update annual District assessment roll 4. Identify parcel subdivisions, conveyance to owner’s associations, changes in land use, and any other information relevant to the levy of special assessments. 5. Review maps of tax parcels to compile/audit list of parcels that are within the District for the upcoming bond year. Classify each parcel pursuant to the approved service and assessment plan. 6. Identify and parcels dedicated to any property types classified as exempt by the service and assessment plan. 7. Update District database with newly subdivided parcels and property type classifications. 8. Calculate annual special assessment for each parcel. Verify the sum of annual installments for all parcels in the District is sufficient to meet the annual debt service requirement, administration expenses, and any provisions for delinquency or prepayment reserves. 9. Calculate other funds available, such as reserve fund income, capitalized interest, and interest income. Reduce annual assessment based on findings according to approved service and assessment plan. 10. Present preliminary annual assessment roll to Town. Upon approval by Town, submit final annual assessment roll to County Tax Collector. Administration of Bond Funds (if bonds are sold) 1. Review and reconcile the account statements for the funds maintained by the trustee. Ensure annual special assessment calculation is compliant with Indenture as it relates to each fund. 2. Provide annual summary of all District accounts maintained by Trustee at the time the annual service and assessment plan update is performed. Provide Public Information Request Support 1. If requested, P3Works will respond to any calls and or emails relating to the District. P3Works will only provide technical answers relating to the annual assessments or the District generally. P3Works will not provide any commentary on Town policy relating to PIDs. Resolution 18-16 Page 7 of 8 2. If the Town receives a notice from a property owner alleging an error in the calculation of any matters related to the annual assessment roll for the District, P3Works will review and provide a written response to the Town. If a calculation error occurred, P3Works will take corrective action as required to correct the error. Delinquency Management 1. After the end of the annual assessment installment collection period, P3Works will prepare a delinquent special assessment report, which details which parcels are delinquent and the amount of delinquency. 2. P3Works will advise the Town what action must be taken relating to delinquent parcels, if any, to remain in compliance with the District bond documents. DISTRICT ADMINISTRATION SETUP SERVICES (Required for any existing PID not created by P3Works.) $7,500 One Time Lump Sum Fee 1. Prepare District Administration Manual 2. P3Works will review the full bond transcript and identify all requirements of the Town relating to District administration and/or disclosure requirements. 3. Prepare written summary of all Town administration and disclosure requirements. 4. Prepare calendar of all relevant dates and deadlines for District administration and disclosure requirements. 5. Meet with County Assessor’s office to establish procedure for obtaining parcel information for assessment roll. 6. Meet with County Tax Office to establish procedure to include District assessment roll on property tax bill. 7. Meet with Town representatives to finalize policies and procedures relating to District Administration. ADDITIONAL DISTRICT ADMINISTRATION SERVICES Billed at P3Works’ prevailing hourly rates, which are currently as follows: Title Hourly Rate Managing Partner $250 Vice President $185 Senior Associate $160 Associate $135 *P3Works’ hourly rates may be adjusted from time to time to reflect increased costs of labor and/or adding/reclassifying titles. Resolution 18-16 Page 8 of 8 Continuing Disclosure Services 1. P3Works will prepare the form of the annual report as required by the continuing disclosure agreements and work with the Town and the Developer to complete. 2. P3Works will request from developer the reports due pursuant to the developer disclosure agreement and disseminate these reports pursuant to the disclosure agreement. 3. Upon notification by any responsible party or if P3Works independently becomes aware of such knowledge, P3Works will prepare notices of material events covering the events enumerated in the disclosure agreements. 4. P3Works will coordinate with the Trustee to disseminate the annual reports, quarterly reports from the developer, and notice of significant events to the Municipal Securities Rulemaking Board (MSRB) and any other parties required in the continuing disclosure agreement. Developer Payment Request Administration 1. P3Works will review all developer payment requests to ensure the request complies with the PID Financing Agreement, the District service and assessment plan, and any other relevant provisions contained in the District documents. 2. P3Works will audit the developer payment request to ensure there is proper backup documentation and that the accounting is accurate. 3. P3Works will coordinate with the Town’s designated representative to ensure the improvements were built to the standards of the accepting governing body. 4. P3Works will ensure improvements to be dedicated are free and clear of all liens and encumbrances. Consulting Services Relating to Future Improvement Areas and related Bond Issuance (to be paid from Developer funds advanced to Town) 1. P3Works will update the Service and Assessment Plan to comply with Bond documents. 2. P3Works will prepare an updated Assessment Roll including the future Improvement Area 3. P3Works will coordinate with Town’s bond counsel, financial advisor, and the bond underwriter to ensure the Bonds and all related documents are in compliance with State Law. 4. P3Works will prepare any additional reports or analyses as needed to successfully issue the Bonds. Page 1 of 3 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of a resolution approving a replat of approximately 16.242 acres for the property located on Tract 3A and 3B Shelby Estates, Zoned R5, and more specifically located on 4105 Aspen Lane. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The property in its current state consists of two tracts of land. The first tract is on 11.276 acres and is platted as Shelby Estates Lot 3 and 4A. The second tract of land is on 5.58195 acres and on unplatted property, but falls under the GB Hendricks Survey, Abstract No 680, Tract 4D. The replat under consideration consists of two tracts as well in a slightly different configuration. As shown on the replat, Tract 3A consists of 8.630 acres, while Tract 3B consists of 7.6118 acres. The applicant, Fred Held, owns both tracts land for a total 16.242 acres. The purpose of this replat is to plat the portion of property that is currently unplatted while also subdividing 7.6118 acres of the property owned by Mr. Held. Platting this land allows for the legal sale of the land and allows structures, such as single family residential, to be built upon the property. Page 2 of 3 ZONING On January 6, 1997, the Town Council approved the zoning for this property as R-200 “Country Residential”, which today is known as R5-Country Residential. The country residential district is intended to be composed of single-family dwellings on lots measuring a minimum of five acres. Country residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. The following development standards apply to the R5 zoning district: The plat conforms with all zoning standards on this property. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018. RECOMMENDATION Staff recommends approval of this replat. ATTACHMENTS 1. Location Map / Current Configuration 2. Resolution for Consideration 3. 4105 Aspen Lane Replat Page 3 of 3 Attachment 1: Project Location Map / Current Configuration Resolution 18-17 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 18-17 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT OF AN APPROXIMATELY 16.242-ACRE PORTION OF A R5 COUNTRY RESIDENTIAL DISTRICT, GENERALLY LOCATED ON TRACT 3A AND 3B SHELBY ESTATES, AND MORE SPECIFICALLY LOCATED ON 4105 ASPEN LANE. WHEREAS, the Planning and Zoning Commission held a public on April 16, 2018 and voted unanimously to recommend approval of the replat; and, WHEREAS, the replat conforms to the district development standards for R5 zoning as found in Chapter 102- of the code of ordinances; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on April 16, 2018, does hereby approve the replat as found on 4105 Aspen Lane, attached as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-17 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30TH DAY OF APRIL 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 18-17 Page 3 of 3 EXHIBITS EXHIBIT A 4105 Aspen Lane Replat Page 1 of 3 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consider a resolution approving a partial replat and vacating plat of approximately 75.210 acres for the property located on Lot 1, Block 3 Westlake/Southlake Park Addition #1. STAFF CONTACT: Ron Ruthven, Director of Planning & Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As the Council may recall, Town Council approved a 62.5-acre 56-lot residential development known as Knolls at Solana (PD6) development on February 26, 2018 through Ordinance 846. Per the requirements set out in Section 1.C of Exhibit B “Development Standards” in Ordinance 846 one of the items that must happen prior to development is (i) a replat that vacates the portion of the exiting Lot 1, Block 3, Westlake/Southlake Park Addition Number One that includes the property; and (ii) a replat for the remaining portion of land that includes the exiting commercial building within the existing Westlake/Southlake Park Addition Number One. The purpose of the vacating plat is to void any prior plat or portion of a plat, which essentially paves the way for the future development of the property as approved under Ordinance 846 in the Page 2 of 3 form of a new plat with a new subdivision name, as opposed to a replat under the existing subdivision name. In summary, the 62.531-acre property that is now zoned as PD6 (Knolls at Solana) is being vacated and the 12.679-acre Solana Fitness Club property is being replatted as it is still zoned as PD1-1. Upon the recording this replat/vacating plat, the next steps in order to develop the PD6 zoned area are the submission of a preliminary site evaluation, civil construction plans, a development agreement and a final plat. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018. RECOMMENDATION Staff recommends approval of this replat & vacating plat. ATTACHMENTS Vicinity Map Resolution for Consideration Westlake/Southlake Park Addition #1 Replat and Vacating Plat Page 3 of 3 Attachment 1: Project Vicinity Map Resolution 18-18 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 18-18 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A REPLAT AND VACATING PLAT OF AN APPROXIMATELY 75.21- ACRE PORTION FOR THE PROPERTY GENERALLY LOCATED ON LOT 1, BLOCK 3 WESTLAKE/SOUTHLAKE PARK ADDITION # 1. WHEREAS, the Planning and Zoning Commission held a public on April 16, 2018 and voted unanimously to recommend approval of the replat; and, WHEREAS, the Final Plat for the Westlake/Southlake Park Addition #1 was approved by the Town Council on February 1, 1988 by Resolution 88-12; and, WHEREAS, the replatted portion of 12.679 acres conforms to the standards for the Planned Development District 1, Planning Area 1 (PD1-1) also known as the Solana Development; and, WHEREAS, the vacating plat portion of 62.531 acres conforms to the requirements for Planned Development District 6 (PD6) also known as the Knolls at Solana residential development; and, WHEREAS, the Knolls at Solana residential development was approved by the Town Council by Ordinance 846 on February 26, 2018; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on April 16, 2018, does hereby approve the replat as found in the attached document as Exhibit “A”. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 18-18 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30TH DAY OF APRIL 2018. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Resolution 18-18 Page 3 of 3 EXHIBITS EXHIBIT A Westlake/Southlake Park Addition #1 Replat & Vacating Plat Resolution 18-18 Resolution 18-18 Page 1 of 5 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of an Ordinance amending Ordinance 703 approving the Entrada development by changing the requirements in Article 1, Section 5.3 regulating PD site plans and Article 2, Section 3 regulating residential to non-residential development ratios. STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Update Development Regulations EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item involves formal amendments to Ordinance 703, which is the original PD zoning ordinance that approved the Entrada development. As part of the joint workshop with the Town Council and the Planning and Zoning Commission held on March 6, 2018 to discuss the Entrada development, discussion took place regarding the timing of residential permitting relative to commercial permitting as required by Ordinance 703. More specifically, concerns were raised by the Entrada developer regarding the timing of residential permitting requirements contained in the Entrada zoning regulations. Additionally, staff mentioned the possibility of amending the site plan approval requirements in Entrada such that residential site plans and small commercial buildings may only require staff approval. Page 2 of 5 At the March 26, 2018 Town Council workshop, staff presented draft regulations to the Council that addresses the discussion points above. Based on discussion at the March 26, 2018 Town Council workshop, staff is bringing forward the formal amendment proposal. Residential to Non-residential Development Ratios Section 3 – “Residential to Non-residential Development Ratios” of Ordinance 703 provides restrictions on the pace of residential use development in Entrada. The purpose of this section is to require the developer to perform their obligation to construct a minimum amount of commercial uses before being allowed to construct additional residential uses, thereby creating a true mixed- use development. Section 3 of Ordinance 703 reads as follows: Section 3. 1: Pace of Residential Use Development within PD1 -2: “3. 1. 1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. "First year of active development" is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft. of nonresidential use building space has been permitted for each additional Residential Unit permitted. 3. 1. 3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six -months of being included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations.” As of the date of this memo, only 25,838 square feet of commercial space is completed, leaving only 30 total residential units, out of 322 allowed by the zoning, available for construction. Page 3 of 5 The developer, motivated to spend the available EB5 financing for many of the commercial buildings in the development, has expressed an interest in amending Section 3 to allow more flexibility in permitting additional residential units (above the current cap of 30 units) while allowing the developer additional time to address the logistics of the getting the commercial buildings constructed. Given these concerns, staff proposes the following changes to subsection 3.1.2 as presented to the Town Council (shown as markup): 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air- conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft. of nonresidential use building space has been permitted for each additional Residential Unit permitted. This would allow the permitting of additional homes once the foundation is poured and approved for the retail corner building. Site Plan Approval Procedures Section 5.3 of Ordinance 703 describes the site plan approval process. Staff proposes to remove the legislative approval requirement for single family residential blocks and for small commercial building footprints under 5,000 square feet in size. The small commercial buildings would only include small pad sites such those located around the existing CVS Pharmacy and Primrose Academy buildings. This proposal is based on the following assumptions: • The Entrada design guidelines clearly state the design expectations for the development in a comprehensive manner; • Any significant deviation from the design guidelines would require approval of a waiver from the Town Council; • The amount of site plans that have received approval to date in the development provide a useful template for staff to use for comparison purposes when reviewing a new site plan application that meets the above criteria. Furthermore, the proposed policy change would allow for an accelerated plan review time period wherein the developer could move at a relatively quicker pace while also reducing staff time processing site plans through the current legislative review process. Large commercial buildings and condominium uses would not be included under the proposed policy change and would still require Town Council approval upon the recommendation of the Planning and Zoning Commission. Given the points mentioned above, staff proposes the following changes to Section 5.3 as follows (shown as markup): Page 4 of 5 “Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period ( or extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearing process that a zoning change is required to adhere to by State law. Site Approval Exceptions: Legislative approval of a site plan shall not be required for the following site plans: a. Single-family residential homes; b. Small non-residential buildings where the building footprint does not exceed 5,000 square feet of gross floor area. Site plans that qualify for the exceptions noted above shall only require administrative approval by the Town Manager or designee. In reviewing said site plans, the Town Manager or designee may, in any instance, defer the consideration and approval of said site plan to the Town Council upon the recommendation of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied by the Town Manager or designee, then the applicant may appeal said decision to the Town Council upon the recommendation of the Planning and Zoning Commission. Providing for the exception provision above, all site plans plan submissions shall otherwise meet the requirements of this ordinance and other pertinent Town regulations. In the event that an ordinance provision contained in Ordinance 703, or another regulation adopted by the Town Council, conflicts this exemption provision, this exemption provision shall supersede said conflicting provision.” PUBLIC NOTIFICATION Public hearing notices were sent to all property owners within PD1-2 and within a minimum 200 feet of PD1-2. Additionally, notice of the public hearing was published in the Fort Worth Star Telegram. To date no correspondence has been received. Page 5 of 5 PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018. SUMMARY AND RECOMMENDATION The proposed amendments were drafted based on the feedback obtained from the Town Council, the developer and the Commission members in attendance at the joint workshop held on March 6, 2018 and the subsequent Town Council workshop held on March 26, 2018. Staff agrees that the amendments will provide additional opportunities to increase the pace of construction within the development while maintaining the Town’s expectations of design and construction quality. Therefore, staff recommends approval of the amendments as drafted in this report. ATTACHMENTS Ordinance for Consideration Ordinance 852 Page 1 of 4 TOWN OF WESTLAKE ORDINANCE NO. 852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 703 WHICH APPROVED PLANNED DEVELOPMENT ZONING DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 703 established Planned Development District 1-2 (PD 1-2), commonly known as Westlake Entrada, an approximately 85.9 acre tract generally located between Davis Boulevard, Solana Boulevard and State Highway 114; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 16, 2018 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 703 contained herein; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 703 should be approved and adopted. Ordinance 852 Page 2 of 4 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 703 are hereby authorized: Section 3. 1: Pace of Residential Use Development within PD1 -2: 3. 1. 1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. "First year of active development" is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft. of nonresidential use building space has been permitted for each additional Residential Unit permitted. 3. 1. 3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six -months of being included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period ( or Ordinance 852 Page 3 of 4 extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearing process that a zoning change is required to adhere to by State law. Site Approval Exceptions: Legislative approval of a site plan shall not be required for the following site plans: a. Single-family residential homes; b. Small non-residential buildings where the building footprint does not exceed 5,000 square feet of gross floor area. Site plans that qualify for the exceptions noted above shall only require administrative approval by the Town Manager or designee. In reviewing said site plans, the Town Manager or designee may, in any instance, defer the consideration and approval of said site plan to the Town Council upon the recommendation of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied by the Town Manager or designee, then the applicant may appeal said decision to the Town Council upon the recommendation of the Planning and Zoning Commission. Providing for the exception provision above, all site plans plan submissions shall otherwise meet the requirements of this ordinance and other pertinent Town regulations. In the event that an ordinance provision contained in Ordinance 703, or another regulation adopted by the Town Council, conflicts this exemption provision, this exemption provision shall supersede said conflicting provision. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 852 Page 4 of 4 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2018. __________________________________ ATTEST: Laura Wheat, Mayor ____________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 5 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of an Ordinance approving a Site Plan for an approximately 2.070-acre portion of Planned Development District 1, Planning Area 2 (PD1-2), established by Ordinance 703 for the property generally located south of State Highway 114, east of Davis Boulevard, and north of Solana Boulevard, commonly known as Westlake Entrada. The area shown on this PD Site Plan is commonly referred to as the Wedding Chapel and Reception Hall to be located at the end of Tarragona Drive. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On April 15, 2013, the Town Council approved a mixed-use development known as Entrada through Ordinance 703. Subsequently, the Town Council on October 28, 2013 by Ordinance 720 approved a Development Plan for Entrada. Page 2 of 5 The subject PD Site Plan is generally located at the end of Tarragona Drive. This site plan contains two separate buildings that total approximately 10,000 square feet. However, both structures are intended to interact with each other. The reception hall is about 7,150 square feet while the chapel is about 2,200 square feet and is able to seat about 139 people. The parking for this site is to be shared with the gas pad-parking garage located west of the amphitheater. Currently, PD Site Plan approval is required for every lot, parcel, and tract in the Entrada development. The PD Site Plan approval process gives the Planning and Zoning Commission, as well as the Town Council, the ability to approve or deny a plan based on the quantitative (development standards, densities, building sizes, etc.) and qualitative (design guidelines and architectural standards) criteria specified in the PD zoning ordinances relative to this property. PD 1-2 zoning regulations give the Developer a great deal of latitude with regard to lot layout and design and encourages the Developer to be creative and build a unique development. It also gives the Town opportunities to verify that the proposed development will reflect what was presented by the Developer during the zoning change application process and agreed to by all when the zoning (Ordinance 703) and subsequent Development Plan (Ordinance 720) were originally approved. ZONING The proposed site plan complies with the Entrada zoning requirements approved by Ordinance 703. Likewise, the proposed site plan complies with the Entrada Design Guidelines approved by Ordinance 760. The Town’s architectural consultant has reviewed and approved the proposed design. Development Plan As the Council may recall, a Wedding Chapel and Reception Hall were shown on the development plan that would engage the edge of the canal in the development. As a condition of approval, the development plan stated that all structures adjacent to the water, including those involving fee simple ownership, must be handled dimensionally to maximize an aesthetically pleasing adjacency and interaction with the water. Town staff believes that this requirement has been met. Page 3 of 5 PARKING AND TRAFFIC CIRCULATION Parking and circulation issues in Entrada have been formally identified in the recent parking report conducted by Freese and Nichols. Although, no recommendations were provided for the Wedding Chapel and Reception Hall site in the report, Town Staff nonetheless has identified minor concerns with parking and circulation of traffic within this portion of Entrada. One issue with this site, and the sites around it, involves the lack of parking in close proximity and the lack of loading/unloading zones. Although the applicant has provided a loading/unloading zone parallel to Tarragona, it does not provide adequate access due to the dead end street (as explained later in this memo). All parking supply for this site and surrounding sites is fulfilled by the parking garage east of the gas well pad site. As this site is going to be used for event functions such as weddings and other party functions this may become an issue. For large functions such as the aforementioned, there would need to be large amounts of equipment and deliveries that would need access from a short distance. The nearest parking and unloading/loading zone is the aforementioned garage, which is approximately 500 feet away. Another item to note, is that, generally, this area (Restaurant Row, Amphitheater, etc.) does not contain any type of loading/unloading zone. Another issue is that the street that the Wedding Chapel and Reception Hall front (Tarragona Drive) contains a dead end street that has no turnaround (as depicted in the figure below). This creates an issue for emergency access vehicles and other vehicles that may get trapped in this area without an adequate way for vehicles to turnaround. Given the termination of Tarragona, until another connection to Tarragona is provided to the east, this portion of the road should not be utilized except for in cases emergency access. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018 subject to the staff recommendations contained herein. Page 4 of 5 RECOMMENDATION Given the loading/unloading and access issues noted above, staff recommends approval of this site plan subject to the following conditions: 1. An adequate location for a loading/unloading zone that is outside of the fire lane must be depicted that services the Block C area (Restaurant Row/Amphitheater/Chapel & Reception Hall/Future Site Plans). The loading/unloading zone must be at least 40 feet in length and serve at least two cars at a time. An adequate location will be determined and approved by the Town Manger or designee(s) before the issuance of building permits for this site. 2. Temporary, removable bollards shall be placed at the roundabout of Tarragona where the eastern stub intersects to prevent motor vehicle traffic from entering a dead end street that lacks an adequate vehicular turnaround area. This portion of Tarragona Drive will be limited to pedestrian traffic except in such cases where emergency vehicles need access to structures located on this portion of Tarragona Drive. If a future connection occurs to an existing street (Cortes Drive) or proposed street (114 service road), this condition may then be reevaluated. 3. Temporary, removable bollards shall be placed at the intersection of Aragon Drive and Tarragona Drive to prevent motor vehicle traffic at the time of special events for the Amphitheater. Tarragona Drive will be limited to pedestrian traffic except in such cases where emergency vehicles need access to structures located on Tarragona Drive. In cases where an event is not occurring, Tarragona Drive will remain open to vehicular traffic. If a connection is able to be made to an existing street (Cortes Drive) or proposed street (114 service road), this condition will be reevaluated. 4. The applicant shall submit an outdoor lighting plan with a photometric study before the issuance of building permits for this site. All lighting fixtures must comport to the Entrada Design Guidelines and all lighting fixtures must be less than 3000K and be approved by the Town Manger or his/her designee(s) before the issuance of building permits. 5. The proposed dumpster location is an unsatisfactory position due to the dead end street (Tarragona Drive). The applicant shall propose a new location for the dumpster and the location must be approved by the Town Manager or designee(s) before the issuance of building permits for this site. 6. A Certificate of Occupancy shall not be issued for any building shown on this PD Site Plan prior to the availability of adequate parking. 7. All structures depicted on this Site Plan (Wedding Chapel and Reception Hall) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. ATTACHMENTS Vicinity Map Ordinance for Consideration Wedding Chapel and Reception Hall Site Plan Page 5 of 5 Attachment 1: Project Vicinity Map Ordinance 853 Page 1 of 5 TOWN OF WESTLAKE ORDINANCE NO. 853 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PLANNED DEVELOPMENT DISTRICT (PD) SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in “Exhibit A”, should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached “Exhibit A” and located in PD 1-2 which is an Ordinance 853 Page 2 of 5 approximately 85-acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard. The PD Site Plan shown on attached Exhibit A is approved subject to the following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) All building elevations shown on this PD Site Plan include the requirement that structures meet all aspects of the Entrada Design Guidelines established by Ordinance 703 and Ordinance 760. d) Town Staff will review and approve an exterior stone wall mockup and exterior wall stucco mockup to ensure compliance with the approved Entrada Design Guidelines (Ordinance 760) prior to the issuance of building permits. Plans for building construction shall include reference approved mock ups or already established buildings. e) If, at any time, there is a conflict between the approved Entrada Design Guidelines, PD Site Plan, and vertical construction drawings, the Design Guidelines shall be controlling. f) Where building walls face the street, particularly at intersections, the Town may require wall mounted, ceramic tile street name signs as shown in the approved Design Guidelines in the interest of space and/or aesthetics. g) The individual building elevations are approved conceptually, subject to compliance with Entrada Design Guidelines to be shown in detail on construction plans that are to be submitted when applying for a building permit. h) The individual lots shown on this PD Site Plan are approved conceptually, and must be reflected on an approved replat prior to the issuance of any building permits for vertical construction. i) Construction drawings submitted along with an application for a building permit will be reviewed for detailed compliance with the Entrada Design Guidelines and compliance with the approved PD Site Plan as well as other PD ordinance regulations, the Code of Ordinances, the UDC, and the International Code Council (ICC) construction codes. j) An adequate location for a loading/unloading zone that is outside of the fire lane must be depicted that services the Block C area (Restaurant Row/Amphitheater/Chapel & Reception Hall/Future Site Plans). The loading/unloading zone must be at least 40 feet in length and serve at least two cars at a time. An adequate location will be determined and approved by the Town Manger or designee(s) before the issuance of building permits for this site. Ordinance 853 Page 3 of 5 k) Temporary, removable bollards shall be placed at the roundabout of Tarragona where the eastern stub street intersects to prevent motor vehicle traffic from entering a dead end street that lacks an adequate vehicular turnaround area. This portion of Tarragona Drive will be limited to pedestrian traffic except in such cases where emergency vehicles need access to structures located on this portion of Tarragona Drive. If a future connection occurs from Tarragona Drive to an existing street or proposed street, this condition will be reevaluated and an amendment to the Entrada Development Plan (Ordinance 720) will occur. l) Temporary, removable bollards shall be placed at the intersection of Aragon Drive and Tarragona Drive to prevent motor vehicle traffic at the time of special events for the Amphitheater. Tarragona Drive will be limited to pedestrian traffic except in such cases where emergency vehicles or other service vehicles need access to structures located on Tarragona Drive at the time of special events. In cases where a special event is not occurring, Tarragona Drive will remain open to all vehicular traffic. If a future connection occurs from Tarragona Drive to an existing street or proposed street, this condition will be reevaluated and an amendment to the Entrada Development Plan (Ordinance 720) will occur. m) The applicant shall submit an outdoor lighting plan with a photometric study before the issuance of building permits for this site. All lighting fixtures must comport to the Entrada Design Guidelines and all lighting fixtures must be less than 3000K and be approved by the Town Manger or his/her designee(s) before the issuance of building permits. n) The proposed dumpster location is an unsatisfactory position due to the dead end street (Tarragona Drive). The applicant shall propose a new location for the dumpster and the location must be approved by the Town Manager or designee(s) before the issuance of building permits for this site. o) A Certificate of Occupancy shall not be issued for any building shown on this PD Site Plan prior to the availability of adequate parking. p) All structures depicted on this Site Plan (Wedding Chapel and Reception Hall) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 853 Page 4 of 5 SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 853 Page 5 of 5 EXHIBITS EXHIBIT A Entrada Wedding Chapel and Reception Hall PD Site Plan BGE, INC.2595 Dallas Pkwy., Suite 204, Frisco, TX 75034BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800 ●www.bgeinc.comOrdinance 853 UGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGEUGE U G E UGEUGEUGEU G E U G EUGE GGGGGGGGGGGGGGGGGGGG G GGG GG G G G G G G GGGUGEUGEUGE TRANSTRANSTTC2CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC3OVERALL LEGENDMAGUIRE PARTNERS -SOLANA LAND L.P.9 Village Circle, Suite 500Roanoke, Texas 762622592 Dallas Parkway, Suite 204, Frisco, TX 75034BGE, Inc.TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comCopyright 2017CENTURION AMERICAN1800 Valley View Lane, Suite 300Framers Branch, Texas 75234Contact: Michael BeatyTelephone: (214)-287-9009□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 C4TOWN OF WESTLAKE GENERAL NOTESWATER NOTES:SANITARY SEWER NOTES:’ STORM DRAIN NOTES:” ” GENERAL NOTES’“”GRADING NOTES:PAVING NOTES:’CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC5□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC6P33.5132.5LEGEND□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821A10.403.2OS10.353.8A20.332.6Ordinance 853 TC7LEGEND□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC8LEGEND□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC9LEGENDLEGEND□□□□CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 TC10CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821LEGENDOrdinance 853 C11CENTURION AMERICAN RECEPTION HALL/ CHAPEL AT WESTLAKE ENTRADA BEING 2.070 ACRES TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS BGE, INC.1800 Valley View Lane, Suite 300CENTURION AMERICANFarmers Branch, TX 75234DEVELOPERContact: Michael BeatyTel: 214-287-9009RECEPTION HALL AND CHAPEL PD SITE PLAN PACKAGE Copyright 20162595 Dallas Parkway, Suite 204BGE, Inc.Frisco, TX 75034TBPE Registration No. F-1046Tel: 972-464-4800●www.bgeinc.comContact: Jason FreyTel: 972-464-4821Ordinance 853 Page 1 of 20 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of an Ordinance approving a site plan a site plan for an approximately 5.806-acre portion of Planned Development District 1, Planning Area 2 (PD1-2), established by Ordinance 703 for the property generally located south of State Highway 114, east of Davis Boulevard, and north of Solana Boulevard, commonly known as Westlake Entrada. The area shown on this PD Site Plan is commonly referred to as the Plaza Mayor to be located near Cortes Drive, Costa Brava, and Girona Drive. STAFF CONTACT: Ron Ruthven, Planning and Development Director Robin McCaffrey, Town Planning/Architectural Consultant Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Page 2 of 20 In April 2013, the Town Council approved the 85-acre mixed-use development known as Entrada through Ordinance 703. Subsequently, the Town Council on October 28, 2013 by Ordinance 720 approved a Development Plan for Entrada. The development plan included a large central plaza with two (2) hotels, two (2) parking garages, a fountain, public art and gathering areas, and one (1) unlabeled building were shown. The subject PD Site Plan is generally located at between Cortes Drive, Costa Brava, and Girona Drive, also known as Block K, Lots 1-4. The Plaza Mayor is an approximately 5.806-acre portion of the Entrada development. As one of the last major non-residential site plans, the Plaza Mayor provides an aesthetic anchor and central gathering place that will ensure that the development becomes a regional destination. The Plaza Mayor will consist of two major hotel chains, an AC Marriot Hotel and an LQ Hotel, two parking garages, a condominium building, and a ~1.5-acre plaza. Page 3 of 20 Below is a table that shows the square footage of each building, building height, approximate number of units per building, and the average square foot per room for each building: Building Square Feet Height Units / Spaces Avg Unit Size AC Hotel 73,195 sf 5 story / 63 ft 132 rooms ~400 sf LQ Hotel 63,932 sf 4 story / 51 ft 111 rooms ~400 sf Condominium 246,552 sf 6 story / 75 ft 126 units ~1,600 sf Hotel Garage 98,524 sf 4 story / 40 ft 320 spaces - Condo Garage 121,108 sf 2 story / 20 ft 260 spaces - Currently, PD Site Plan approval is required for every lot, parcel, and tract in the Entrada development. The PD Site Plan approval process gives the Planning and Zoning Commission, as well as the Town Council, the ability to approve or deny a plan based on the quantitative (development standards, densities, building sizes, etc.) and qualitative (design guidelines and architectural standards) criteria specified in the PD zoning ordinances relative to this property. PD 1-2 zoning regulations give the Developer a great deal of latitude with regard to lot layout and design and encourages the Developer to be creative and build a unique development. It also gives the Town opportunities to verify that the proposed development will reflect what was presented by the Developer during the zoning change application process and agreed to by all when the zoning (Ordinance 703) and subsequent Development Plan (Ordinance 720) were originally approved. ZONING As a condition for approval of the Entrada Development, the Parkland Dedication Fees were waived due to the open space amenities provided by the development, including water features and a large central plaza. The Plaza Mayor Entrada, per Ordinance 703, is one of the key development features and is to be the heart and soul of Entrada. As Ordinance 703 states: “A key feature of any European [village] is the Plaza, where many important public gatherings, speeches and rites of passage of the Village Residents occur. Within Westlake Entrada, this specific portion of the development is designed to imitate the Piazza San Marco and the Plaza Mayor Salamanca, in shape, size and pedestrian scale. Exterior elevations of this conglomerate of structure will imitate the two Plazas and several other architecturally significant Spanish Building including the Monestario el Escorial and Las Huelgas. Page 4 of 20 Several key Village components will be provided within this Plaza including some but maybe not all of following: Residential, office, Medical office, Hotel, Retail, Restaurant, Independent Living and Assisted Living. Artisan Suites on a temporary and/or permanent basis may also be included in the Plaza portion of the development. All parking required for the residential components of the plaza to be contained in an attached structured parking component, with the first floor of this parking structure to be accessible to the public to service the retail and other non-residential uses that may be utilized on the first floor of the plaza” Plaza Mayor de Salamanca (Spain) Development Plan As a condition of the development plan, the following must be accomplished with regard to the plaza: The location of the plaza in Phase 1 in relationship to the water feature must allow for a high degree of public access to the water feature from this plaza. This should be done in a manner that forces any and all vehicular access into the plaza space via a separate conduit. This can be done in European village fashion with bollards defining the vehicular path across the plaza ground plane, while separating cars from pedestrians This plaza should be extended to or as near as possible to the water feature. Page 5 of 20 Plaza Mayor de Salamanca As mentioned above, and per Ordinance 703, the Plaza Mayor of Entrada is to closely imitate the Piazza San Marco and the Plaza Mayor de Salamanca in shape, size and pedestrian scale. The developer has largely focused on emulating the Plaza Mayor de Salamanca more so than the Piazza San Marco due to contradictory styles of architecture. It is important to note the significance of the Plaza Mayor in Salamanca. With construction completed in 1755, the Plaza Mayor Salamanca has become the center of Salamanca for over 250 years. The plaza is lined with an enormous amount of small shops, restaurants, nightlife, and the city hall as well. Throughout any given day, the Plaza Mayor de Salamanca is busy with residents and tourists. It is the intent of the Plaza Mayor in Entrada to recreate this important piece of history that will draw people from all over the DFW metroplex to experience the beautiful architecture of Entrada. Land Uses As it currently stands, the plaza is providing hotels, condominiums, and parking structures. However, it has not been indicated that there will be retail portions associated with the plaza. Ordinance 703 calls out several key components to the plaza such as retail, restaurants, offices, etc. in order to emulate what a European plaza should look and feel like. The Plaza Mayor de Salamanca, for instance, is lined with artisan shops, ice cream shops, small restaurants, pharmacies, bars and other types of interactivity. In order to create more energy within the plaza staff recommends the following with regards to land uses in the Plaza Mayor of Entrada: The hotel buildings, as identified on the site plan, shall each contain a minimum of 10% of enclosed ground floor retail/restaurant space that services and provides direct access to the plaza. This is approximately 1,000sf-2,000sf of space in both hotels that could be utilized as small café areas for the public. The condominium building shall have a minimum of 20% of the enclosed ground floor space dedicated to retail/restaurant space that services and provides direct access to the plaza. Page 6 of 20 ARCHITECTURE The Plaza Mayor plans submitted by the applicant are the result of an in-depth process wherein the applicant’s architect and the Town collaborated on the evolution of an architectural design which, in the opinion of the Town staff, embodies the intent and requirements of the Entrada PD. The language of the Entrada PD is more specific regarding the Plaza Mayor than it is regarding other “European Village” attributes of the development. The PD references specific European Plazas and European Buildings that the space of Plaza Mayor and the architecture defining it should “imitate”. More specifically, the Entrada PD states: “Within Westlake Entrada, this specific portion of the development is designed to imitate the Plaza San Marco and the Plaza Salamanca in shape, size, and pedestrian scale. Exterior elevations of this conglomerate of structure will imitate the two plazas and several other architecturally significant Spanish buildings including the Monestario el Escorial and Las Hueglass.” The collaborative process that forged the current submittal went through several stages, with each stage contributing to the recommended proposal. Those stages were: Stage 1 – Summary of the nature of the Plaza Space identified in the PD and what attributes of “imitation” would include: In mid-summer of 2017, the Town staff communicated a brief history of Plaza San Marco, which identified the key spatial attributes resulting from its organic evolution over time (a key quality of European Plazas which were mostly the result of a spatial negotiation over a period of growth). The Town Staff also communicated the key attributes of Plaza Salamanca (more regular in shape) and advanced the notion that the Plaza Mayor should emulate the attributes of one or the other, suggesting that emulating both would be contradictory. The applicant agreed to use Plaza Salamanca as the archetype. Stage 2 – First Response to Plaza and Building Design by 5G Architects (Nov. 2017): After a shift in the lead architect for this portion of the project, the Town Staff were presented with the initial design proposals, presented by 5G Architects. Initially the designs submitted, replicated the general “compositional discipline” of the more formal, Baroque, structures defining Plaza Salamanca, but were lacking the clear elements of style associated with Spanish Baroque Architecture. Below is an example of the comments on early submissions, which call for: 1. More complexity in form 2. More complexity in silhouette 3. More identifiable classicism in articulation 4. More decorative use of articulations Page 7 of 20 5. More opulence overall, suggestive of the royal/ecclesiastical use of structures normally dominating a Spanish Plaza Stage 3 – Detailed Explorations of Structures (Jan. 2018): Upon receipt of comments on early conceptual renderings, 5G Architects provided an excellent design response, achieving much of what the Town had identified. Important features that needed to be further developed in the design included: 1. Breaking the rigid horizontality of the more pragmatic hotel form with decorative complexity that reached beyond the plate line, thereby making a more complex termination against the sky. 2. More complexity in form that fully integrated such things as the porte-cochere and arcade into the architecture of the primary mass. 3. More conspicuous expression of classical influences and more differentiation of the central, organizing mass in each elevation. This gives the plaza a “palace”/ public architecture in line with Plaza Salamanca. Page 8 of 20 Stage 4 – Further Refinement of Architectural Details (Feb. 2018): Further comments were provided on a subsequent submission wherein the Town sought: 1. More decorative detailing 2. Treatment of the arcade in a manner that strengthened its visual connection to the primary mass 3. Integration of certain mechanical issues into the design motif (e.g. vent screens for room HVAC) 4. Strengthening the corner columns to serve as a better termination of form articulation. 5. Further develop the garage elevation so it better integrated with the other structures. 6. Change windows at the ground level to door units to facilitate future Plaza usage. Page 9 of 20 Stage 5 – Final Submittal: 5G Architects did an excellent work in addressing the Town comments in ways that were innovative and remained consistent with the realities of hotel construction. The Town felt that the final submission had satisfied the architectural directions given by the Town. Some questions regarding the Plaza space itself would be addressed in subsequent submission of the Landscape Plan. These include: 1. Integration of Plaza with street 2. Lighting of the plaza space 3. Public Art LANDSCAPING The landscape berm at the entrance to the Plaza Mayor isolates the plaza resulting in discouragement of potential users and forces entry to one side of the plaza. As Ordinance 703 states, the plaza is to make a strong edge with the streetscape and into the edge of the canal. The current proposed landscaping design takes that effect away and encloses the plaza, whereas the original intent of the plaza was to have an open feel for pedestrian traffic. Page 10 of 20 Staff recommends the following concerning landscaping: Landscaping at the entrance to the plaza be replaced with stairs that, due to the grade difference, follows the cross slope (more steps at one end / fewer steps at the other), thereby making the whole edge open and accessible while improving the connection to the street and allowing a more manageable flow of pedestrian traffic that comes from the pedestrian bridge or other portions of Entrada. Page 11 of 20 The pavestone material shall be cut stone to closely follow what can be found in the Plaza Mayor Salamanca. The color and pattern of the stone must be approved by the Town Manager or designee(s) and must adhere to the Entrada Design Guidelines. PUBLIC ART From Entrada’s creation, the development was anticipated to have public art locations and public gathering areas throughout the development with the plaza being one of those locations. Creating a space for public art is important for the Plaza Mayor in Entrada as it will generate a focal point for the development that will naturally draw people to the plaza. Ultimately, it will be the architecture of the plaza will draw people, however, the public art will tell people how to use and interact with the 1.5-acre plaza. Ordinances Several ordinances have identified possible public art locations throughout the development, as well as identifying the criteria of said public art in relation to its surroundings. Ordinance 720 – Development Plan Page 12 of 20 The approved Development Plan showed a location for public art, identified by a fountain to be placed in the center of the plaza. Ordinance 759 – Master Landscaping, Lighting, and Paving Plan Ordinance 759 identifies public art and public gathering locations on the Master Conceptual Landscape Plan. Within this plan, two (2) areas for Public Art/Public Gathering Areas are identified. The plan is conceptual, and merely provided a basis for discussion on potential locations. Ordinance 760 – Design Guidelines The Entrada Design Guidelines set out the criteria of public art within Entrada. The guidelines speak to key components of public art such as the appropriateness of the public art to its site and originality/authenticity of the piece itself. Ordinance 776 – SUP for Amphitheater Although this ordinance was for the Specific Use Permit on the Amphitheater, it included several public art locations (including the plaza) as a supplement to the ordinance. Page 13 of 20 Page 14 of 20 Proposed Locations Staff recommends the following with regards to Public Art in the plaza: The presented Public Art locations are too small in scale and do not have enough presence to influence activities in the plaza. Provide more massing to the public art locations identified. Public Art in the plaza should be more visible and have more spatial power to influence the space in the plaza. The developer shall provide a detailed Public Art plan for the Plaza Mayor to be submitted to the Town and approved by the Town Manger designee(s) before an issuance of a Certificate of Occupancy for any one building in the plaza. A public art competition may be presented in this plan. LIGHTING A photometric study was prepared for the Plaza Mayor in Entrada, which included four (4) lighting fixtures at that square the interior of the plaza. It also included the type of lighting, the amount of lighting that is emitted measured in foot-candles, and rendered nighttime simulation of Page 15 of 20 the four lights. Staff was provided with two options, which are both acceptable and closely resemble the lighting fixtures that can be found in the Plaza Mayor Salamanca. However, staff recommends the following concerning lighting in the Plaza Mayor: The applicant must submit an outdoor lighting plan with photometric study before the issuance of building permits for the Plaza Mayor. The photometric study and lighting plan must include the following details: o Lighting fixtures and emittance from building façade o Lighting fixtures and emittance from the plaza interior o Lighting fixtures and emittance that can be found in archways o Lumens for each lighting fixture o Color temperature for each lighting fixture o Type of fixture (LPS, HPS, LED, Halogen, Fluorescent, etc…) o Rendering of the lighting at night All Plaza Mayor color temperature for lighting must not exceed 3000 Kelvins. This provides the orange lighting that can be found in the Plaza Mayor Salamanca at night. Page 16 of 20 Lighting fixtures must be submitted to the Town approved by the Town Manger or designee(s) before issuance of a building permit for any one building the Plaza Mayor. Lighting fixtures that are located on the plaza surface shall include electrical outlets for future use. PARKING AND TRAFFIC CIRCULATION Hotels and condominiums require one parking space per unit. The Plaza Mayor of Entrada is currently providing the following amount of parking spaces: Table 1 - Parking Provided Building Parking Required Parking Provided Deficit/Surplus LQ Hotel 111 - -111 AC Hotel 132 - -132 Hotel Garage - 320 +320 Condominium 287 260 -27 Total 530 spaces 580 spaces +50 spaces The Plaza Mayor was one of the areas reviewed for the parking study conducted by Freese and Nichols. It is important to note that the parking study took into consideration retail/restaurant options of about 25,000 square feet near and on the plaza. With that much floor area, an additional 150-300 spaces would need to be provided in the area. Ways to address this may include an additional garage (indicated by the development plan on Block L to create shared parking with the Plaza) The following recommendations were included by Freese and Nichols for the Plaza Mayor area of Entrada: As there are only an additional 50 spaces in the plaza area, overflow of parking from special events needs to be addressed. It is recommended that a shared parking agreement with adjacent properties come into effect to handle the congestion the parking structures may receive. Staff recommends the following with respect to parking and traffic circulation: A shared parking agreement with adjacent properties must be in effect before the issuance of a Certificate of Occupancy for anyone building in the Plaza Mayor Page 17 of 20 SIGNAGE No signage plan was included as part of the site plan package, therefore staff recommends the following: A signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Plaza Mayor. The sign package must include the following: o Building Façade Signage o Monument Signage o Wayfinding Signage PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018 subject to the staff recommendations contained herein. SUMMARY AND RECOMMENDATIONS Staff recommends approval of this site plan subject to the following conditions: 1. The AC Hotel and the LQ Hotel as depicted on the PD Site Plan of the Entrada Plaza Mayor shall contain a minimum of 10% ground floor retail and/or restaurant area that has direct access to and from the plaza. Placement and size of this area within the hotel will be adequately determined before the issuance of building permits. 2. The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. 3. The landscape plan must be resubmitted before the issuance of building permits on the Entrada Plaza Mayor. The resubmitted landscape plan must be approved by the Town Manger or designee(s) before the issuance of building permits for this site. The landscape plan must depict, at a minimum, the following changes: a. The landscape berm at the entrance to the Entrada Plaza Mayor must be removed and replaced with stairs that, due to the grade difference, follow the cross slope, thereby making the whole edge open and accessible to the Entrada Plaza Mayor. Bollards must be shown on the plat that separates vehicular traffic from pedestrian traffic at the entrance to the plaza. b. The plaza surface material shall be comprised of cut stone to emulate the same style of stone and colors that can be found on the Entrada Plaza Mayor Salamanca’s surface. The stone color and pattern must be approved by the Town Manager or designee(s) and must adhere to the Entrada Design Guidelines (Ordinance 760). c. The developer shall increase the size of the two (2) public art locations identified in the landscaping plan to create more interaction with the plaza. Public Art in the Entrada Plaza Mayor, whether temporary or permanent, must be appropriate in shape, size and pedestrian scale of the Entrada Plaza Mayor. 4. A Public Art plan for the Entrada Plaza Mayor must be submitted to the Town before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. Page 18 of 20 A public art competition may be held for this site if deemed appropriate by the Town Manger or his designee(s) or the Westlake Public Art Competition Advisory Committee. 5. The applicant must submit a revised outdoor lighting plan with photometric study before the issuance of building permits for the Entrada Plaza Mayor. The lighting plan and photometric study must include the following details: a. Renderings that show the interior of the plaza being lit at night from the lighting that is affixed to the building facades, plaza arcade, and lighting that is on the plaza surface b. Lighting fixtures and emittance from building façade c. Lighting fixtures and emittance from the plaza interior d. Lighting fixtures and emittance that can be found in the plaza arcades e. Lumens for each lighting fixture f. Color temperature for each lighting fixture g. Type of fixture (LPS, HPS, LED, Halogen, Fluorescent, etc…) 6. All Entrada Plaza Mayor color temperature for lighting must not exceed 3000 Kelvins. All lighting on the Entrada Plaza Mayor must conform to the dark sky requirements of the Town’s Code of Ordinances as found in Chapter 102. 7. All lighting fixtures must be submitted to the Town approved by the Town Manger or designee(s) before issuance of a building permit for any one building the Entrada Plaza Mayor. Lighting fixtures that are located on the plaza surface shall include electrical outlets for future use. 8. A shared parking agreement with adjacent properties must be in effect before the issuance of a Certificate of Occupancy for anyone building in the Entrada Plaza Mayor. 9. A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Façade Signage b. Monument Signage c. Wayfinding Signage 10. All structures of the Entrada Plaza Mayor (Hotels, Condominium, and Garages) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. 11. A Plaza Event plan for the Entrada Plaza Mayor must be submitted to the Town and approved by the Town Manager or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. 12. A mock-up that includes all building materials for each building must be approved by the Town Manager or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. Page 19 of 20 13. Water, sanitary sewer, electrical, duct bank and other appropriate utility services must be extended into the interior of plaza to account for future uses. Locations of these utilities must be approved by the Town Manger or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. 14. The Entrada Plaza Mayor shall contain, but not limited to, amenities for public use such as the following: outdoor seating and/or benches, bike racks, waste receptacles, public art, café seating and tables, wayfinding signage, and Wi-Fi access to the public. All designs must be approved by the Town Manger or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Ma yor. 15. The Entrada Plaza Mayor must, at all times, be accessible to the Public. A replat for the Plaza Mayor must be submitted that shows all public easements within the Entrada Plaza Mayor. ATTACHMENTS 1. Vicinity Map 2. Ordinance for Consideration 3. Entrada Plaza Mayor PD Site Plan Page 20 of 20 Attachment 1: Project Vicinity Map Ordinance 854 Page 1 of 6 TOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PLANNED DEVELOPMENT DISTRICT (PD) SITE PLAN FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in “Exhibit A”, should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached “Exhibit A” and located in PD 1-2 which is an Ordinance 854 Page 2 of 6 approximately 85-acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard. The PD Site Plan shown on attached Exhibit A is approved subject to the following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) All building elevations shown on this PD Site Plan include the requirement that structures meet all aspects of the Entrada Design Guidelines established by Ordinance 703 and Ordinance 760. d) Town Staff will review and approve an exterior stone wall mockup and exterior wall stucco mockup to ensure compliance with the approved Entrada Design Guidelines (Ordinance 760) prior to the issuance of building permits. Plans for building construction shall include reference approved mock ups or already established buildings. A mock-up that includes all building materials for each building must be approved by the Town Manager or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. e) If, at any time, there is a conflict between the approved Entrada Design Guidelines, PD Site Plan, and vertical construction drawings, the Design Guidelines shall be controlling. f) Where building walls face the street, particularly at intersections, the Town may require wall mounted, ceramic tile street name signs as shown in the approved Design Guidelines in the interest of space and/or aesthetics. g) The individual building elevations are approved conceptually, subject to compliance with Entrada Design Guidelines to be shown in detail on construction plans that are to be submitted when applying for a building permit. h) The individual lots shown on this PD Site Plan are approved conceptually, and must be reflected on an approved replat prior to the issuance of any building permits for vertical construction. i) Construction drawings submitted along with an application for a building permit will be reviewed for detailed compliance with the Entrada Design Guidelines and compliance with the approved PD Site Plan as well as other PD ordinance regulations, the Code of Ordinances, the UDC, and the International Code Council (ICC) construction codes. j) The AC Hotel and the LQ Hotel as depicted on the PD Site Plan of the Entrada Plaza Mayor shall contain a minimum of 10% ground floor retail and/or restaurant area that has direct access to and from the plaza. Placement and size of this area within the hotel will be adequately determined before the issuance of building permits. Ordinance 854 Page 3 of 6 k) The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. l) The landscape plan must be resubmitted before the issuance of building permits on the Entrada Plaza Mayor. The resubmitted landscape plan must be approved by the Town Manger or designee(s) before the issuance of building permits for this site. The landscape plan must depict, at a minimum, the following changes: a. The landscape berm at the entrance to the Entrada Plaza Mayor must be removed and replaced with stairs that, due to the grade difference, follow the cross slope, thereby making the whole edge open and accessible to the Entrada Plaza Mayor. Bollards must be shown on the plat that separates vehicular traffic from pedestrian traffic at the entrance to the plaza. b. The plaza surface material shall be comprised of cut stone to emulate the same style of stone and colors that can be found on the Entrada Plaza Mayor Salamanca’s surface. The stone color and pattern must be approved by the Town Manager or designee(s) and must adhere to the Entrada Design Guidelines (Ordinance 760). c. The developer shall increase the size of the two (2) public art locations identified in the landscaping plan to create more interaction with the plaza. Public Art in the Entrada Plaza Mayor, whether temporary or permanent, must be appropriate in shape, size and pedestrian scale of the Entrada Plaza Mayor. m) A Public Art plan for the Entrada Plaza Mayor must be submitted to the Town before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. A public art competition may be held for this site if deemed appropriate by the Town Manger or his designee(s) or the Westlake Public Art Competition Advisory Committee. n) The applicant must submit a revised outdoor lighting plan with photometric study before the issuance of building permits for the Entrada Plaza Mayor. The lighting plan and photometric study must include the following details: a. Renderings that show the interior of the plaza being lit at night from the lighting that is affixed to the building facades, plaza arcade, and lighting that is on the plaza surface b. Lighting fixtures and emittance from building façade c. Lighting fixtures and emittance from the plaza interior d. Lighting fixtures and emittance that can be found in the plaza arcades e. Lumens for each lighting fixture f. Color temperature for each lighting fixture g. Type of fixture (LPS, HPS, LED, Halogen, Fluorescent, etc…) o) All Entrada Plaza Mayor color temperature for lighting must not exceed 3000 Kelvins. All lighting on the Entrada Plaza Mayor must conform to the dark sky requirements of the Town’s Code of Ordinances as found in Chapter 102. Ordinance 854 Page 4 of 6 p) All lighting fixtures must be submitted to the Town approved by the Town Manger or designee(s) before issuance of a building permit for any one building the Entrada Plaza Mayor. Lighting fixtures that are located on the plaza surface shall include electrical outlets for future use. q) A shared parking agreement with adjacent properties must be in effect before the issuance of a Certificate of Occupancy for anyone building in the Entrada Plaza Mayor. r) A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Façade Signage b. Monument Signage c. Wayfinding Signage s) All structures of the Entrada Plaza Mayor (Hotels, Condominium, and Garages) must be assembled at the same time. A Certificate of Occupancy will not be issued for any one building unless all other buildings are able to receive a Certificate of Occupancy in unison. t) A Plaza Event plan for the Entrada Plaza Mayor must be submitted to the Town and approved by the Town Manager or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. u) Water, sanitary sewer, electrical, duct bank and other appropriate utility services must be extended into the interior of plaza to account for future uses. Locations of these utilities must be approved by the Town Manger or designee(s) before the issuance of building permits for any one building in the Entrada Plaza Mayor. v) The Entrada Plaza Mayor shall contain, but not limited to, amenities for public use such as the following: outdoor seating and/or benches, bike racks, waste receptacles, public art, café seating and tables, wayfinding signage, and Wi-Fi access to the public. All designs must be approved by the Town Manger or designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. w) The Entrada Plaza Mayor must, at all times, be accessible to the Public. A replat for the Plaza Mayor must be submitted that depicts the plaza as a dedicated open space for public use and must show all other public easements to be dedicated within the Entrada Plaza Mayor. The plaza will be privately maintained by the HOA of Entrada. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the Ordinance 854 Page 5 of 6 incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 854 Page 6 of 6 EXHIBITS EXHIBIT A Entrada Plaza Mayor PD Site Plan Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Ordinance 854 Page 1 of 6 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of an Ordinance for a Specific Use Permit to allow 126 condominium units to be located in the Plaza Mayor of the Entrada development generally located south of State Highway 114, east of Davis Boulevard, and north of Solana Boulevard. STAFF CONTACT: Ron Ruthven, Planning and Development Director Nick Ford, Development Coordinator Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In April 2013, the Town Council approved the 85-acre mixed-use development known as Entrada through Ordinance 703. Subsequently, the Town Council on October 28, 2013 by Ordinance 720 approved a Development Plan for Entrada. A portion of this development plan included a large central plaza with two (2) hotels, two (2) parking garages, a fountain, public art and gathering areas, and one (1) unlabeled building were shown. Page 2 of 6 The subject Specific Use Permit is generally located at between Cortes Drive, Costa Brava, and Girona Drive, also known as Block K, Lots 1-4 and is to recommend approval of the condominium units in Entrada. Per Ordinance 703, condominiums are a permitted use allowed by right in Entrada; however, condominiums must be approved by a Specific Use Permit, which allows discretion of the Town Council to determine size, number, and configuration of units considered for approval. PD 1-2 zoning regulations give the Developer a great deal of latitude with regard to lot layout and design and encourages the Developer to be creative and build a unique development. CONDOMINIUM ZONING Condominiums are authorized by Ordinance 703 only through the approval of a Specific Use Permit (SUP). Ordinance 703 defines a condominium as follows: “Condominium (residential) means a form of real property ownership that combines separate ownership of individual apartments or units with common ownership of other elements.” Condominiums are regulated in Texas under the Uniform Condominium Act of 1993, codified in the Texas Property Code. Condominiums are defined under the act as “a form of real property with portions of the real property designated for separate ownership or occupancy, and the Page 3 of 6 remainder of the real property designated for common ownership or occupancy solely by the owners of those portions”. It is important to note that, similar to any other residential structure, cities in Texas cannot regulate whether or not condominiums or owner occupied versus renter occupied. Therefore, a condominium owner may choose to rent their unit to an individual, similar to a single-family homeowner renting their home. CONDOMINIUM REQUEST The applicant has not provided a written narrative that explains the specific request or provides any details. The only information provided by the applicant was that which was included with the Plaza Mayor Site Plan submittal. Therefore, the remainder of this report details the information included in the Plaza Mayor plans with subsequent staff recommendations. The proposed gross floor area of the condominium project is proposed to encompass 246,552 SF and contain up to 126 units. The developer has proposed four different floor plans that range from one bedroom to three bedroom units and range in square footage from 800 square feet to almost 3,000 square feet. The following table summarizes the mix of units proposed: Floor Plan Bed Bath SF Unit Count % of mix A1 1 1 800 12 10% B1 2 2.5 1,350 59 49% B2 3 3.5 1,350 25 21% C1 2 2.5 2,975 24 20% Total 2 2.375 1,619 120 100% The number of units proposed on the floor plan breakdown shown above only adds up 120 units. However, the applicant has conveyed that they would like to proceed with a maximum of 126 units as indicated on the proposed site plan. The applicant has also conveyed that it is unlikely that they will use these exact floor plans in every situation. The floor plans attached are purely for speculative units and provide a baseline for condominium sizes as the developer has expressed intent to build custom condominium unit designs for buyers if they so choose. With approximately 40,000 square feet per floor in the condominium building, it is possible to have some buyers that would prefer more square footage than what the attached floor plans contain. PUBLIC NOTIFICATION Public hearing notices were sent to all property owners within PD1-2 and within a minimum 200 feet of PD1-2. Additionally, notice of the public hearing was published in the Fort Worth Star Telegram. To date no correspondence has been received. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission recommended approval of this item (5-0) on April 16, 2018 subject to the staff recommendations contained herein. Page 4 of 6 STAFF RECOMMENDATION AND SUMMARY As noted above, little in the way of details were provided by the applicant relative to this request. Notwithstanding any desire to table the request on the part of the Council in order to allow the applicant additional time to provide a more thorough submittal, staff has crafted the recommendations below as potential SUP ordinance conditions that seek to ensure that all expectations of Town are met relative to the request. Therefore, staff recommends approval of the SUP subject to the following conditions: 1. The maximum number of units in the condominium for the Plaza Mayor is to be one- hundred twenty-six (126) units. 2. The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. 3. At a minimum, the developer shall provide the following amenities for resident use to be contained within the condominium building: a. Swimming Pool b. Fitness Center c. Sauna Room d. Wine Lounge e. Business Center f. Concierge Service g. Media Room h. Wi-Fi Access Minor modifications to any of the above amenities may be approved by the Town Manager or designee. 4. An interior design package must be provided to the Town before the issuance of building permits. The package should include a detailed list of the amenities noted above and a description of fixtures, furnishings and materials. 5. A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Façade Signage b. Monument Signage c. Wayfinding Signage 6. Prior to the issuance of the Certificate of Occupancy for the Condominium building, a copy of the official recorded condominium regime document for this condominium that is filed with Tarrant County Clerk shall be provided to the Town Manager or designee and shall be kept in the official Town records. Page 5 of 6 7. This SUP hereby grants the approval for the construction of a multistory, multi-occupancy residential structure that allows for individual ownership of each residential unit under a condominium regime as authorized by the State of Texas. This SUP shall automatically revoke and expire upon the occurrence of any of the following circumstances: (1) The building permit allowing the construction of the condominium building is not issued within one year after the approval date of this ordinance; (2) The use authorized by the SUP is abandoned for more than six consecutive months after either the expiration of the building permit, or, after the issuance of the certificate of occupancy; (3) Any change in use of this building to a use other than that described and authorized by this ordinance; (4) Failure to provide the official recorded copy of the condominium regime as described and conditioned herein. ATTACHMENTS Vicinity Map Ordinance for Consideration SUP documents for Consideration Page 6 of 6 Attachment 1: Project Vicinity Map Ordinance 855 Page 1 of 5 TOWN OF WESTLAKE ORDINANCE NO. 855 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A SPECIFIC USE PERMIT TO ALLOW FOR 126 CONDOMINIUM UNITS LOCATED IN THE ENTRADA PLAZA MAYOR FOR A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720 establishing the Development Plan for Entrada; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on April 16, 2018, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interests of the Town and its citizens that this PD Site Plan, depicted in “Exhibit A”, should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. Ordinance 855 Page 2 of 5 SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve the PD Site Plan shown as attached “Exhibit A” and located in PD 1-2 which is an approximately 85-acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard. The PD Site Plan shown on attached Exhibit A is approved subject to the following conditions: a) Fulfillment of all zoning requirements as set out in Ordinance 703 in addition to the conditions accepted by the Town Council at the time of zoning approval (April 22, 2013). b) All Development Plan conditions for approval established in Ordinance 720 (adopted October 28, 2013) apply to this PD Site Plan. c) The maximum number of units in the condominium for the Plaza Mayor is to be one- hundred twenty-six (126) units. d) The Condominium as depicted on the PD Site Plan of the Entrada Plaza Mayor shall have a minimum of 20% ground floor retail and restaurant area that has direct access to and from the plaza. Placement and size of this area within the condominium will be adequately determined before the issuance of building permits. e) At a minimum, the developer shall provide the following amenities for resident use to be contained within the condominium building: a. Swimming Pool b. Fitness Center c. Sauna Room d. Wine Lounge e. Business Center f. Concierge Service g. Media Room h. Wi-Fi Access Minor modifications to any of the above amenities may be approved by the Town Manager or designee(s). f) An interior design package must be provided to the Town before the issuance of building permits. The package should include a detailed list of the amenities noted above and a description of fixtures, furnishings and materials. g) A building signage plan must be submitted to the Town and approved by the Town Manager or his/her designee(s) before the issuance of a Certificate of Occupancy for any one building in the Entrada Plaza Mayor. The sign package must include the following: a. Building Façade Signage b. Monument Signage c. Wayfinding Signage Ordinance 855 Page 3 of 5 h) Prior to the issuance of the Certificate of Occupancy for the Condominium building, a copy of the official recorded condominium regime document for this condominium that is filed with Tarrant County Clerk shall be provided to the Town Manager or designee and shall be kept in the official Town records. i) This SUP hereby grants the approval for the construction of a multistory, multi- occupancy residential structure that allows for individual ownership of each residential unit under a condominium regime as authorized by the State of Texas. This SUP shall automatically revoke and expire upon the occurrence of any of the following circumstances: (1) The building permit allowing the construction of the condominium building is not issued within one year after the approval date of this ordinance; (2) The use authorized by the SUP is abandoned for more than six consecutive months after either the expiration of the building permit, or, after the issuance of the certificate of occupancy; (3) Any change in use of this building to a use other than that described and authorized by this ordinance; (4) Failure to provide the official recorded copy of the condominium regime as described and conditioned herein. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: Any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 855 Page 4 of 5 SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 855 Page 5 of 5 EXHIBITS EXHIBIT A Entrada Plaza Mayor Condominium Floor Plans Ordinance 855 Ordinance 855 Ordinance 855 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Monday, April 30, 2018 TOPIC: Conduct a public hearing and consideration of an Ordinance approving a rezoning request from R5-Country Residential to Planned Development District Number 7 (PD7) for approximately 37.798 acres located east of Pearson Lane and South of Aspen Lane, to include primarily single family residential uses, including a request for approval of a concept plan and development plan, and a specific use permit for private streets. STAFF CONTACT: Ron Ruthven, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, while serving our residents and businesess with superior municipal and academic services that are accessible, efficient, cost- effective, & transparent. Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: April 30, 2018 Completion Date: April 30, 2018 Funding Amount: N/A Status - N/A Source - N/A ITEM TABLED – PLANNING AND ZONING COMMISSION On April 16, 2018, the Planning and Zoning Commission voted to table this item and continue the public hearing to the May 14, 2018 Planning and Zoning Commission meeting. Because the Planning and Zoning Commission has not yet voted on this request, the case cannot move forward for Town Council consideration and action. However, the Town Council may discuss the item. Therefore, the Town Council’s options regarding action on this item are: 1. Vote to table the item and continue the public hearing until the May 21, 2018 Town Council meeting, or; 2. Vote to table the item and continue the public hearing until the June 18, 2018 Town Council meeting. EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Paul Pastore, Waterside Land Company, LLC, on behalf of property owner, J. Timothy Brittan, is requesting to develop a 72 lot single family residential subdivision on approximately 37.8 acres located at the southeast corner of Aspen Lane and Pearson Lane. The proposed development would include a mix of attached and detached units. EXISTING CONDITIONS The subject property is currently zoned R5-Country Residential and is currently used as a large single family residential estate with accessory agricultural uses. The subject property contains a mix of unplatted and platted tracts. PROPOSED LAND USE The proposed development would include 24 attached single family units, each on an individual platted lot, and 48 detached single family units creating a total of 72 units on 72 lots. Other proposed uses include an amenity center, guard house and public park to be operated by the homeowner’s association. RESIDENTIAL DESIGN Residential Density. The current R5 zoning on the subject property requires a minimum lot size of five acres yielding a maximum residential density of 0.2 dwelling units per acre (dua). The proposed development would include a minimum lot size of 4,500 square feet with a total proposed maximum density of 1.89 dua. As part of their proposal, the applicant provided an exhibit (attached) that shows how the development would be further broken into density zones based on “net” density patterns in the Vaquero development. “Net” density differs from “gross” density in that net density usually only includes the total units divided by the total residential lot area. Gross density typically includes total units divided by the total area contained within the development including open space. According to the exhibit, the higher net density eastern portion of the development matches a similar net density in Vaquero; specifically the Vaquero villas. Likewise, the lower net density western portion of the development would be similar to a sample net density of a larger lot portion of Vaquero. In analyzing the net density comparisons provided by the applicant comparing Vaquero to the proposed development, the primary difference involves the inclusion of open space in the net density calculations. Whereas Vaquero’s net density only includes the residential lots, which are mostly surrounded by golf course land (which is not included in the density calculation), the proposed development’s net density calculation includes the proposed development open space. Including the open space in the net density calculation has the effect in artificially lowering the net density shown. STAFF RECOMMENDATION: The density exhibit mentioned above and attached should be included in the draft regulations Lot Delivery System. The development will include a “unique lot delivery system” whereby the developer also acts as the sole homebuilder. The applicant states that they, as the developer, “are fully committed to build this project (both land development and home construction) with the terms and conditions of that commitment, addressing unforeseen events, to be worked out in a development agreement with the Town.” STAFF RECOMMENDATION: The developer of this project shall be the builder of all units constructed therein, in compliance with the terms and conditions of such commitment laid out in the Town approved Developer Agreement or unless otherwise requested by the developer and approved by the Town Manager or designee for special conditions. Housing Types and Characteristics. As part of the attached development description, the applicant describes the proposed development as follows: “Spencer Ranch will be a unique “Lifestyle” community that will contain a maximum of 72 high-quality single-family attached and detached homes. The lots may be custom fitted to accommodate homes as they are purchased. Housing type, size, number of floors and the homeowner’s desire for larger or smaller footprints will impact lot size and configuration, and ultimately the total number of lots to be built upon. Larger lots may result in a lower total number of lots in the development.” The following is a breakdown of the proposed housing types in the development. Given the applicant’s desire for lot size flexibility, staff has provided recommendations for minimum lot characteristics where information was not provided by the applicant as noted below. 1. South Side Villa Homes (18 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 7,500 square feet (staff recommendation) c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet where courtyards/motor courts are provided (staff recommendation) e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 3,500 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest roof pitch. 2. Upper East Side Brownstones (24 total units proposed) a. Housing Type: Single Family Attached b. Minimum Lot Size: 4,500 square feet (staff recommendation) c. Minimum Lot Width: 40 feet d. Front Setback: 20 feet; or 10 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 0 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 4,000 square feet h. Maximum Height: 35 feet from the finished floor elevation to the top roof framing plate provided that the span covered by the roof does not yield a total top of roof ridge height that is more than 3 feet higher than the tallest roof in other cluster zones of the development. (staff recommendation) Special setback specific to Upper East Side Brownstones: For lots that are adjacent to the Vaquero Golf Club, there shall be a 25 foot. minimum setback permitted for no more than 50% of the homes facing the shared property line with the Golf Club. The balance of lots facing this shared property line shall have a setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. 3. Meadows Villa Homes (6 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 8,000 square feet (staff recommendation) c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet where courtyards/motor courts are provided (staff recommendation) e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 4,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest roof pitch. 4. Meadows Lakeside Homes (5 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 8,500 square feet (staff recommendation) c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 feet where courtyards/motor courts are provided (staff recommendation) e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 4,500 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 5. Ridgeview Homes (5 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 9,000 square feet (staff recommendation) c. Minimum Lot Width: 65 feet d. Front Setback: 10 feet; or 5 feet where courtyards/motor courts are provided (staff recommendation) e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 5,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 6. Promenade/Estate Homes (14 total units proposed) a. Housing Type: Single Family Detached b. Minimum Lot Size: 10,000 square feet (staff recommendation) c. Minimum Lot Width: 85 feet d. Front Setback: 20 feet; or 10 feet for side facing garages, courtyards and accessory structures not utilized for storage. e. Side Setbacks: 5 feet f. Rear Setback: 20 feet, or 0 feet abutting water features and/or open space. g. Minimum Unit Size: 5,500 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. Other special setback provisions include: • Lots adjacent to Aspen Lane shall have a 50-foot minimum setback from Aspen Lane. • Promenade/Estate Homes shall be setback a minimum of 150 feet from Pearson Lane With regard to garages, Promenade and Estate homes are proposed to have a minimum of three enclosed parking spaces. All other homes are proposed to have a minimum of two garage parking spaces. Garage doors will be made of sectional wood or be wood clad. Garage doors are proposed to be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. Regarding roofs, permitted roof materials are proposed to include: 1. High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 2. Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) 3. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. The applicant proposes that exterior walls be composed of 80 percent masonry as required for all Residential Districts by the Code of Ordinances and have horizontal and vertical articulation or architectural delineation on all elevations. The applicant also states that the Westlake Building Quality Manual will be incorporated into design standards for the development, which have not been submitted to date. STAFF RECOMMENDATIONS RELATIVE TO DESIGN: • Homeowner’s Association – The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area maintenance, guard house and amenity center maintenance, private street maintenance, front yard maintenance and enforcing the HOA Design Guidelines for the community. The Home Owners Association shall appoint an Architectural Review Committee that must have at least one (1) Texas Licensed Architect with experience in applying Design Guidelines and advising an Architectural Review Committee on matters of design. • Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual as adopted by Resolution 18-02. • Design Guidelines: Prior to the approval of the preliminary site evaluation, the developer shall submit final design guidelines for approval by the Town Council that shall be recorded with the private deed covenants, conditions and restrictions. Said guidelines shall incorporate the Westlake Building Quality Manual. With the exception of any guideline provision addressing a particular architectural style, said design guidelines shall be enforced by Town staff in reviewing building permit applications for compliance with the provisions above. Guideline provisions to be enforced by staff include, but may not be limited to, general building articulation, massing, fenestration, roof slope, construction details, and building materials. • Elevation Samples: All homes constructed in this development shall be generally consistent with the elevation samples provided by the applicant such that the primary articulation elements and general layout of the home on the lot are generally consistent with the elevations. Provided all other requirements are met, significant deviations from these elevations may be approved provided that both the HOA and the Town Manager or designee are in agreement. • All plans submitted for permit within Spenser Ranch shall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor. • The Town’s Building Quality Manual is hereby made a part of this PD and where a conflict between the requirements of the Building Quality manual and any Design Guidelines adopted by the HOA exists, the Westlake Building Quality Manual shall prevail. Except that modifications to the Building Quality Manual necessary to accommodate features of the approved architectural style can be granted by the Town Manager or designee on a case-by-case basis. PARKS / OPEN SPACE / LANDSCAPING Open Space. The applicant proposes that 13.7 acres, or 36.25%, of the development will be dedicated to open space as follows: • “Approximately 9.6 acres of Private Open Space • Approximately 3.6 acres of Public Open Space • Approximately 0.5 acres of Tree Dedication” Details of the proposed “tree dedication” above were not provided. Private open space would include an “amenity center”, a guard house, and an open air pavilion. Exhibits are attached showing the proposed design of these amenities. The amenity center is proposed to include: • Wine tasting room and storage facility • Exercise facility • Meeting area for approximately 50 people • A “Board Room” facility • Swimming pool/water feature The applicant proposes that the amenity be completed within a timeframe not to exceed the closing of the 18th home in Spencer Ranch. Parkland Dedication. The Code of Ordinances requires that one acre of parkland be dedicated for every 30 residential dwelling units in a new residential development. Based on the proposal of 72 residential units, the applicant is required to provide a minimum of 2.4 acres of parkland. The Concept/Development Plan shows approximately 3.6 acres of proposed public parkland. The applicant proposes to dedicate the the parkland to the Town, which would then be privately maintained by the HOA but will be publicly accessible outside of the perimeter development fence. No details of public park amenities, access or parking were provided by the applicant. Water features. The applicant states that the proposed development will be a “water themed community” with water features, as shown on the concept/development plan, playing a key aesthetic role in the development. Landscaping. The applicant states that: “Spencer Ranch will approach the total landscaping effort as one cohesive and comprehensive unit for the entire tract of land. The landscaping design will incorporate the vision of the entire tract using all aspects of the terrain, thus creating the “natural mosaic” the town prefers. Although installed in individual increments as each home is completed, the Spencer Ranch vision is to create an overlay of a full and comprehensive landscape plan that embodies the entire parcel of land and raises the standards in Westlake and is not prejudice to any one dwelling.” The landscape plan mentioned above, along with any details regarding landscaping, has not been submitted by the applicant. STAFF RECOMMENDATIONS RELATIVE TO PARKS, OPEN SPACE AND LANDSCAPING: • Landscaping: Prior to the approval of the preliminary site evaluation, the developer shall submit a master landscape plan for the development prepared by a State of Texas registered landscape architect. Said plan shall be reviewed for final approval by the Town Manager or designee. The plan may be forwarded to the Town Council for final approval at the discretion of the Town Manager. The final approved master landscape plan shall be included with the development agreement. At a minimum the plan shall include the following: 1. The Plan shall substantially comply with the Concept/Development Plan 2. The landscape plan shall reflect developer’s efforts to comply with the “landscape Integrity” objectives of the Town’s Comprehensive Plan and employ predominantly those plant materials (within the planting areas that define the cluster zones and lake edges) that are consistent with restoration of the natural mosaic. 3. Specifics on execution of the landscaping goals provided by the applicant including details of planting locations and types, quantities and schedule; 4. A detailed tree survey as required by the Code of Ordinances; 5. Any replanting requirements as part of required tree mitigation; 6. Specific planting and maintenance responsibilities of the developer versus the homebuilder and the homeowner’s association; 7. Details for guest parking in the development • Tree Preservation – All protected trees shall require mitigation upon damage or removal as required by the Code of Ordinances. Where possible, old growth trees and tree clusters should be preserved as identified in the master landscape plan. • Open Space: A minimum of 13.7 acres (36.25%) of the development shall be reserved as open space. All open space, including public and private, shall be substantially consistent with concept/development plan and shall preserve the existing Stock-pond Rural Landscape. Open space shall be distributed as follows: a. Private Open Space: 10.1 acres minimum b. Public Open Space (Parkland): 3.6 acres minimum • Private open space amenities shall, at a minimum, include the following: 1. Gate house – The gate house shall be constructed and completed by the developer not later than final acceptance of public improvements and prior to the release of residential building permits. The gate house design shall be consistent with Exhibit XX. 2. Amenity Center - The amenity center shall be constructed on the property in the location shown on the concept/development plan. The developer shall build and complete this facility no later than the issuance of the building permit for the 19th home permitted in the development. No additional builder permits shall be issued in the development until the amenity center is deemed complete by the Town Manager or designee. The amenity center shall contain the following minimum amenities: i. Wine tasting room and storage facility ii. Exercise facility iii. Meeting area for approximately 50 people iv. A “Board Room” facility v. Swimming pool/water feature The amenity center design shall be consistent with the provided elevations. 3. Open-air pavilion - An open-air event pavilion shall be constructed on the property in the general location as shown on concept/development plan. The developer shall build and complete this facility no later than the issuance of the building permit for the 19th home permitted in the development. No additional builder permits shall be issued in the development until the pavilion is deemed complete by the Town Manager or designee. The pavilion design shall be consistent with the provided elevations. • Parkland Dedication – Parkland dedication as proposed by the developer is hereby approved subject to the following conditions: 1. Parkland dedication shall be consistent with the exhibits provided. 2. The gate house, including the property upon which the gate house is located, shall be owned and maintained by the HOA. 3. Maintenance responsibilities for the parkland shall be the responsibility of the developer/HOA. 4. Details of amenities, and final locations of parking and trails shall be approved as part of development agreement between the applicant/developer and the Town. • Water Features – Water features are a key component of the development, making this a “Water Themed” development as called for in the Town’s Comprehensive Plan. Water features shall be constructed by the developer as part of the required public improvements. Said features shall be located and designed as shown on concept/development plan and shall be maintained by the homeowners association. SIDEWALKS AND TRAILS The applicant proposes to install sidewalks along each side of the esplanade water feature, serving pedestrians on both sides of the divided main roadway. The applicant proposes to construct an internal trail system, as shown on the concept/development plan that “will facilitate pedestrian mobility within the community”. The public trail will be constructed along Pearson Lane within the public open space area from Aspen Lane south to the Town border. Although connection to the Vaquero golf club is proposed, staff recommends that an internal trail connection be provided to the Vaquero Club property for future connection. STAFF RECOMMENDATIONS: • The internal trail/sidewalk system shall connect to the public trail system at access- controlled locations. The public trail, shall comply with all Town requirements and shall be generally located as shown in concept/development plan and shall be constructed by the developer as part of the required public improvements. • As part of the construction of required public improvements, the developer shall construct a golf cart path that provides for future access to the Vaquero Club Golf Course. FENCING Perimeter Fencing. Perimeter fencing will contain a mix of decorative iron with masonry columns and masonry wall sections per the attached fence samples. Along the southern boundary of the development adjacent to the City of Keller, the applicant proposes to construct a “high quality, vinyl coated heavy galvanized fence and framework with dark wind screen”. Internal lot-to-lot fencing. For lot-to-lot fencing, the applicant proposes the following: Fences on individual lot property lines are generally prohibited, except as approved by the ARB for: a. Dog runs b. Swimming pool safety c. Privacy for internal courtyards Fence Materials: Fences may be any of the following: • “Masonry • Wrought Iron, such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. • Wood along property lines that are not in the discouraged yard space. Where wood fences are used, they should 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 should face to the outside of the lot, if only 1 face is finished. Wood face • Welded tubular agriculture fences not located in a development where such a fence presents a contrast other fences of the development, and hosts and agricultural use or the fence is part of an agricultural theme is allowed. • High Quality, Vinyl coated heavy galvanized fence and framework with dark wind screen (south property only). Gate Materials: a. Wood with frame members measuring a minimum of 1.5 inches thick and infill planks measuring a minimum of 1.5 inches thick. b. 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 solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. “ STAFF RECOMMENDATIONS: • The perimeter of the development, not including the publicly owned areas, shall contain decorative iron fencing located in a manner substantially consistent with the Concept Development Plan and which preserves the sense of “open ground plane” as described in the Town’s Comprehensive Plan by the use of decorative iron fencing with masonry columns. Masonry wall sections shall be permitted as depicted in wall exhibits for the purpose of providing aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined in the master landscape plan. • In lieu of the above requirement, the southern boundary line of the development, only, may contain a fence composed of vinyl coated heavy galvanized metal and framework with dark wind screen. Said fence shall be fully screened by vegetation that restores the natural mosaic. Final design of this fence and landscaping shall be approved by the Town Manager or designee prior to any construction thereof. • Individual property fences shall be minimalized in order to preserve the open ground plane and permitted for privacy needs, screening, and/or dog runs in ways that are consistent with HOA guidelines which must prevent isolation of the “lot” from the general ground plane. TRAFFIC, STREETS AND ACCESS All internal streets are proposed to be private. A Specific Use Permit for Private Streets, as required for private streets by the Code of Ordinances, is included as part of the rezoning application for the development. Streets are proposed to have “enhances finishes” although no details have been provided on the specific street enhancements. Three primary access points are proposed for the development: an entrance only access point from Pearson Lane and two entrances from Aspen Lane. Street access to Pearson Lane will require formal approval from the City of Keller. The City of Keller has provided preliminary approval for the street connection. Traffic Impact. The applicant provided a traffic impact analysis (TIA) for the development. According to the TIA, the development, consisting of 72 residential units, is projected to generate a total traffic impact of 812 vehicle trips per day. The TIA notes that all intersections affected by the development will continue to operate at a level of service (LOS) C or better, which complies with the recommendations of the Comprehensive Plan. The following are the final recommendations and conclusions of the TIA: • The proposed development is expected to generate 812 trips on a daily basis with 62 trips during the AM peak hour and 79 trips during the PM peak hour. • Capacity analysis indicates that all the study area intersection approaches operate and will continue to operate at LOS C or better. • Projected traffic volume under the Build-out Year (2020) Total traffic conditions at the site driveways do not warrant right turn or left turn deceleration lanes along person lane at the proposed site Driveway 3 or at Aspen lane as well along Aspen Lane at the proposed site Driveway 1. • At the time of site visit and under existing conditions, adequate sight distance is predicted to be provided for all the site driveways. • All the site driveways are predicted to meet Town’s minimum spacing criteria. • Improve illumination at the intersection to increase nighttime visibility at the intersection of Pearson Lane and Aspen Lane. • East leg of the intersection of Aspen Lane at Pearson Lane should be relocated as far as possible to the north to eliminate the existing offset with Cielo Court. Staff recommends that the final two points above be addressed as a condition on the approval of the development. STAFF RECOMMENDATIONS: • Streets – An SUP is hereby granted for all community streets within PD7, which shall be private and constructed to Town standards. Streets shall include enhanced finishes and shall generally match the streetscapes shown in Exhibit XX. Street lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures that comply with Town standards and Comprehensive Plan recommendations as well as follow the Town’s low intensity lighting standards. • Access – Street access to the development from Pearson Lane shall require written final approval from the City of Keller. A street light shall be installed by the developer at the intersection of Aspen Lane and Pearson Lane. • Prior to the final acceptance of public improvements, the developer shall install intersection illumination improvements to the intersection of Aspen Lane and Pearson Lane such that the nighttime visibility of the intersection is improved. Said illumination improvements shall be detailed as part of the development agreement and shall require the final approval of the town manager or designee. • As part of the required development agreement, the developer shall provide to the Town a detailed proposal that includes the relocation of the intersection of Aspen Lane at Pearson Lane such that the intersection is moved as far as possible to the north to eliminate the existing offset with Cielo Court in the City of Keller. The proposal shall include preliminary engineering designs, cost estimates and any other plans deemed necessary by the Town Manager or designee. Final construction details may be included in the development agreement. Said agreement shall also detail final funding for the construction of the intersection improvement such that total cost is funded by the developer, unless specified otherwise in the agreement. PUBLIC UTILITIES, DRAINAGE AND GRADING The applicant proposes to provide water to the development from the Town’s water system at two separate locations to create a looped-system. Regarding sewer, the applicant states that “the project engineer has met with town staff and performed the necessary calculations to determine that the public water and sewer systems can accommodate the additional loads anticipated to be generated by the proposed development and there are multiple access points available for connection to the public systems.” Duct bank will be constructed by the developer to the Town’s specifications. Stormwater runoff will utilize “a combination of natural grassed swales, detention ponds, and reflecting pools, connecting to the existing public street storm-water system.” Regarding grading, the applicant states that they are “committed to limitations on grading by allowing only that grading as is necessary to construct streets, infrastructure, development amenities, and individual homes. Waterside will prohibit the creation of lot pads and the use of side lot line retaining walls to create lot pads. Waterside will respect some exceptions where patios, drives, and pools are built that can be viewed as extensions of the home.” STAFF RECOMMENDATIONS: • Public Utilities – Water and sewer service shall be provided by the Town of Westlake to this development. The developer shall, at their cost, construct all necessary water and sewer system improvements per Town standards and shall secure any necessary easements. • Duct Bank - A Duct Bank system shall be installed by the Developer throughout the subdivision as required by Town ordinances. The Duct Bank shall be located within a utility easement, the final details of which shall be determined by the Town Manager or designee. The home builder shall tie into the Duct Bank prior to the Final Inspection for the home. • Stormwater – Stormwater facilities shall be installed by the developer and employ facilities that are recommended by the comprehensive plan. Final location and design of said facilities shall require the final approval of the Town Manager or designee. • Lot Grading – Grading and disturbance of land by the developer shall be restricted to areas necessary to construct streets, public infrastructure, development amenities, and approved water features. The pre-grading of individual residential lots by the developer for the purpose of creating a residential pad is hereby prohibited. PUBLIC ART The applicant states that “Waterside has a strong desire to support the arts in Westlake and will commit the following to a Public Art Competition: • “A competition site of a size to be determined, to place the art at Spencer Ranch in the Public Open Space • A donation by Waterside of an amount to be determined will be outlined in the Economic Development Agreement.” STAFF RECOMMENDATION: As part of the development agreement, the developer agrees to submit a public art plan that shall be approved by the Town Manager or designee and generally conforms to the public art provisions contained in the development description as proposed by the developer. A Town of Westlake entry marker or monument may be included in this plan. COMPREHENSIVE PLAN ANALYSIS The 2015 Forging Westlake Comprehensive Plan - Land Use Plan designates the subject property as PC-B: Pastoral Community/View Corridor Zone. It is important to note that these zones are more character based than use based with the focus the development’s impact on, and symmetry with, the natural fabric of the Town. The character statement for this zone is quoted from the Land Use Plan as follows: “Most of Westlake’s residential development to date can be characterized as large homes situated on large landscaped lots where homes are sited in ways responsive to features of the lot, instead of the street. The overall character is one of a dominant landscape and houses arrayed within it, rather than houses with lots (as is common to most suburban development). Lots are generally an acre or larger with homes set well back from the street. Homes are limited to two stories in these areas and densities are one unit or less per acre. However, smaller lot sizes could be compatible with this character if such lots are clustered and surrounded with open space so that the gross density remains one dwelling unit per acre. The sense of open land is more essential than lot size. The Pastoral Community is predominantly residential with some institutional uses and office campus uses where the FAR is .1:1 or less. Informal lot landscaping replaces rigid street landscaping, giving more visual presence to the natural ground plane than the roadway. Preservation of current home values is key to future residential development.” The Land Use Plan describes the View Corridor Zone as follows: “View Corridor Zone: Lineal views, usually along creekways as they descend in a northerly direction that are attained from the Vista Point Zone. These views host the water bodies and wooded areas that are important visual assets of the Town.” Given the factors of the Pastoral Community/View Corridor Zone as described above, the following is a detailed analysis of each factor and how the development complies: • “Dominant landscape with houses arrayed within, rather than houses with lots” Analysis: The development is generally compliant given the water focus and the cluster zones. • “Lots are generally an acre or larger with homes set well back from the street” Analysis: The development does not comply with this statement as the largest lots will generally be no more than one quarter to one-half acre in size. • “Homes are limited to two stories in these areas and densities are one unit or less per acre.” Analysis: The development does not comply. The attached homes would exceed two stories and the gross density is proposed at 1.89 dwelling units per acre. • “However, smaller lot sizes could be compatible with this character if such lots are clustered and surrounded with open space so that the gross density remains one dwelling unit per acre.” Analysis: While the clustering concept is practiced with this development, and the development is effectively surrounded with open space, the gross density remains over the recommended level. • “The sense of open land is more essential than lot size.” Analysis: The development generally complies with this statement given the way the development is designed to integrate with the natural features of the land and provide cluster zones. • “View Corridor Zone: Lineal views, usually along creekways as they descend in a northerly direction that are attained from the Vista Point Zone. These views host the water bodies and wooded areas that are important visual assets of the Town” Analysis: The development complies with this description. Summary of compliance with the Pastoral Community/View Corridor Zone. Of the factors noted above, the greatest area of non-compliance centers on density. Areas of compliance include design, clustering, open space and landscaping, which has yet to be detailed. Other Comprehensive Plan recommendations. Page 88 of the 2015 Comprehensive Plan provides a Summary of Considerations for Plan Construction as follows: “Westlake was born out of a commitment to landscape integrity, expressed in pastoral development forms where residential and commercial growth can be contextualized without subordinating the natural landscape. The two strongest determinants of landscape form, topography and hydrology should, therefore, be the guiding principles around which land use is defined and regulated. With respect to topography, the intent to minimize grading, which is expressed in the language of the current zoning ordinance, should be promoted in other categories through the Town. Additional measures other than density designations may be more suitable to preservation of hillside and viewshed, however. By creating opportunities for water oriented development, Westlake can give greater definition, with respect to landscape expression, to new commercially oriented development in the Town. Water can also be investigated as a possible transitional tool between uses, tying properties together in a more project oriented context. With these two guiding principles, Westlake will be able to preserve landscape integrity, while operating under the confines of a PD-dominated zoning structure.” Although partially non-compliant with the factors contained in the Pastoral Community/View Corridor Zone, the development nonetheless is consistent with the above focus on landscape integrity wherein measures such as preservation of land forms, view sheds and water features can offset increases in density. Finally, the proposed development supports the demographic and socio-economic objectives of the following statement from page 274 of the Housing Plan in the 2015 Comprehensive Plan: “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.” PUBLIC NOTIFICATION A total of four (4) public hearing notices were sent to property owners within a minimum 200 feet of the subject property. A courtesy notice was also sent to the city of Keller. Additionally, notice of the public hearing was published in the Fort Worth Star Telegram. To date staff has received official correspondence from one person in favor of the request, and from one person opposed to the request. SUMMARY AND RECOMMENDATION See Town Council options above regarding action on this item. The subject property is currently zoned R5-Country Residential, which prescribes a maximum gross residential density of 0.2 dwelling units per acre. The proposed development yields a gross density that is nearly 10 times higher than that which is allowed under the current zoning. Certainly the proposed single family attached housing provides a story height and housing type that are not characteristic to this portion of Westlake. While the proposed density is much higher than the current zoning and exceeds the density of surrounding developments, the proposed development nonetheless provides an opportunity to execute the vision encapsulated in many factors listed in the Comprehensive Plan as noted above by providing what could effectively be viewed as a western extension, by proxy, of the Vaquero development. Therefore, staff recommends approval of the request but only with the condition that all staff recommendations are included in the PD ordinance including a provision giving the developer the ability to lower the density and change the attached housing on the eastern portion of the development to detached housing. Staff also recognizes that the subject property provides a unique opportunity that is not inherent in other similar properties in the R5 zoning district. These unique factors include: • The property has significant frontage along the Vaquero Club golf course, which provides an opportunity for the development to utilize and enhance the existing open space and amenities that the club and course provide and provide for a western proxy expansion of the development. • The property contains a significant amount of water, which will be enhanced by the development as part of a visible and prominent promenade and will also be utilized to create “cluster” zones. • The property is a gateway property into the Town and will enhance the view corridor as one drives into Westlake from Keller. The high quality of construction and value that the development will create minimize value encroachment that the comp plan addresses in the Housing Plan. • Aspen Lane has only one point of access, which is from Pearson Lane. Therefore, Aspen Lane could not support additional lots that would access streets whose sole access is to Aspen Lane as there would not be enough points of ingress and egress to address traffic and public safety concerns. Given these factors, the development proposal for the subject property is unique, as is the subject property itself. Therefore, approval of the request would not necessarily set a precedent for similar rezonings in other portions of the R5 district as those properties would not meet al of the factors noted above. ATTACHMENTS Existing Location Map Developer Submittal: Development Applications Developer Submittal: Exhibits and Development Proposal Staff Exhibit: Current Zoning Map Staff Exhibit: Comprehensive Plan Land Use Plan Staff Exhibit: Correspondence Received NOTE: A draft PD ordinance is not included pending final Planning and Zoning Commission action. City of Keller Town of Westlake Subject Property Aspen Lane Pearson Lane $$$$$$$$$$$$$$$$$$6XSSOHPHQWDO6KHHW+RXVLQJ7\SH&RQFHSW'HYHORSPHQW3ODQ%%%%%%%%%%%%))))))))))))))&&&&&&''''((((('Concept/Development Plan Open Space Plan Cluster Zones Water Feature Plan © 2018 Microsoft Corporation © 2018 DigitalGlobe ©CNES (2018) Distribution Airbus DS DENSITY B= 1.6 UNITS/AC GOLF COURSE GOLF COURSE DENSITY A= 2.5 UNITS/AC DENSITY A= 2.5 UNITS/AC DENSITY B= 1.3 UNITS/AC 0 300150 300 600 N SHEET:PROJECT NO.:DATE:SCALE:DRAWN BY: SPENCER RANCH C I V I L E N G I N E E R I N G 420 Johnson Road, Suite 303 Keller, Texas 76248 Fax 817-337-5133 Phone 817-337-8899DEOTTE, INC. WWW.DEOTTE.COMFIRM REGISTRATION: # F-003116 (TX) DWELLING UNIT DENSITY EXHIBITWESTLAKE, TEXAS 2016122004/2/20181"=600'DAC 1 OF 1 Density Exhibit Copyright © 2018 By Waterside Land Co, LLC SPENCER RANCH PROPOSED CONCEPT/DEVELOPMENT PLAN TOWN OF WESTLAKE March 23, 2018 This document is intended to be a summary of the key development terms and principles proposed for the new PD of the Spencer Ranch development, an approximately 38-acre parcel of land located at the southeast corner of North Pearson Lane and Aspen Lane in Westlake Texas. The property extends eastward to the Vaquero golf course property and southward to the border of the city of Keller. Further, this document will clearly state how the single entity developer/homebuilder is committed to and will comply with the various visions, aspects and intentions of the Westlake Comprehensive Plan. Development Description Page 2 of 26 SPENCER RANCH GENERAL INFORMATION UNIQUE DELIVERY SYSTEM Single Builder/Developer: Waterside Properties, LLC is a 30+ year Homebuilding company and will serve as the sole homebuilder in Spencer Ranch. The Waterside Family of Companies was founded March 19, 1984 in the State of Texas. The Company has been building homes for over 30 years. The development company was founded in 2017 to establish unique, high-value communities with a commitment to environmental ethics and social design that ultimately improve the inhabitants’ well-being. The Waterside Family of Companies has common ownership in the State of Texas. Waterside Land Co, LLC (www.watersidecompanies.com) Waterside Land Co, LLC is a boutique development arm of the Waterside family of companies and will serve as the sole land developer of Spencer Ranch. Waterside Properties, LLC (www.watersidecompanies.com) Waterside has created a “UNIQUE DELIVERY SYSTEM” SINGLE BUILDER/DEVELOPER PROJECT IMPLEMENTATION: In order for Westlake to sustain resistance to assimilation by the encroaching fabric of surrounding communities, Westlake must develop a place for a project delivery system that is not the same as those surrounding communities. At present, the dominant delivery system is land development driven, wherein there is a lot developer who sells buildable lots to a Home Builder who then brings in their own design services and their own resident client. As a result, there is a ”sameness” to the products created which are often hard to distinguish from the surrounding submarkets. Westlake needs a Developer/Builder who will not only develop the land…but…also, build the house on that land and thereby be in a position to create a truly unusual, lifestyle product that has exceptional quality. With “skin in the game” from the outset, there is an unusual motivation for quality as the ultimate return is from the home. The builder’s vision is the same as the developer’s vision and the ability to bring land development and home construction together in a distinguished way is more possible. Therefore, Waterside assures the Town that Waterside is fully committed to build this project (both land development and home construction) with the terms and conditions of that commitment, addressing unforeseen events, to be worked out in a development agreement with the Town. Development Description Page 3 of 26 UNIQUE COMMUNITY Waterside’s creation of Spencer Ranch is an extraordinarily unique high-quality community committed to the various visions, aspects and intentions of the Westlake Comprehensive Plan as outlined below: Spencer Ranch Community: Our goal is to bring a sense of place to new communities through a well thought-out “reverse design process.” Hearkening back to centuries-old traditions of living on the land, we carefully study the terrain and craft landscape-appropriate homes that speak to the surrounding property. We follow a nonconformist method of designing and virtually building homes on the land before plotting streets, or placing the elements – lakes, creeks and pastoral swaths – ahead of development. This mindful approach interweaves the home design with the fabric of the land, blending indoors with outdoors for a more organic approach. The result is beautifully harmonious places in which to live and raise families. Spencer Ranch is a “Water Themed” community (as expressed in the Town’s Comp Plan page 83-88) with a maximum of 72 houses built in multiple “Housing Cluster Zones” (as expressed in the Town’s Comp Plan page 159) in a natural setting. The community restores the native mosaic related to the water system and re- establishes the natural fabric lost over time. Spencer Ranch creates a socially supportive streetscape unlike traditional subdivision developments. Of the many focal points in Spencer Ranch, the “Main Promenade” transcends that traditional street development creating the sense of true community and a gathering place. The community further reinforces the “social fabric” concept by the lack of solid fencing at individual properties and the use of specific view corridors crates “the sense of open land which is, as the Town’s comp plan calls it, “more essential than lot size.” as expressed in the Town’s Comp Plan page 159) With over 30 years’ experience in fine homebuilding, we also ensure consistency and quality of every element of the development and in every home. “We are creating a unique style of living in Spencer Ranch, with a level of amenities that is really unmatched anywhere and, that contains housing that, we feel, can be sustained for a hundred years,” says founder Paul Pastore. Waterside offers full Lock-N-Leave™ services through their sister company Waterside Home Maintenance Concierge (HMC), with on-site security, a concierge, and a maintenance team. Our clients have a high-end lifestyle in an uninhibited, maintenance free environment. The property will be secured with a perimeter iron fence, stone columns, and masonry wall sections - strategically placed as to not obscure the open spaces, and a secured gated entry and exit. This highly amenitized, luxury lifestyle Development Description Page 4 of 26 community contains “multiple clusters” of housing, built around water themed land use defined by multi-layer forest and tree corridors defining the clustered zones. The community’s delivery of diversity of housing establishes a 3,000- square foot minimum home size, all with common core attributes of timeless architectural design coupled with high-quality, low-maintenance and energy- efficient homes that are finished out with best-in-class luxury-level interiors. The community is designed to encourage inhabitant interaction, promoting pedestrian mobility by bringing the homes and courtyards closer to the roadways, and by providing an internal trail and lakes system that connects the open spaces, tree preserve areas, and a design that shows most houses having direct interaction with water. Waterside has created a development that is a “WATER THEMED COMMUNITY” “WATER THEMED DEVELOPMENT: Page 83-88 of the Comprehensive Plan places the development tract in a steeper topographic setting (not the steepest) and recommends that this location is appropriate for “water related” development. Page 88 of the Comprehensive states that “additional measures other than density may be suitable for preservation of the hillside and viewshed”. Those other measures include limitations on grading (described above) and “water related” development that includes multiple water amenities. Therefore, Waterside is presenting a development design that employs water as a major component of the project…such water will be used to mitigate erosion and stabilize the grade condition. Additionally, the water will be used to create development clusters as called for in the Land Use Plan of the Comp Plan (see Cluster Development below).” Development Description Page 5 of 26 Waterside has created a development that will “LIMIT GRADING” “GRADING LIMITATIONS: Spencer Ranch is located in the “Midlands” Ecological Region of Westlake (Pg. 71 of the Comprehensive Plan). The Comp Plan requires measures be taken by any developer to limit impacts on the ground plane which promote erosion. This includes limitations on grading. Therefore, Waterside is committed to limitations on grading by allowing only that grading as is necessary to construct streets, infrastructure, development amenities, and individual homes. Waterside will prohibit the creation of lot pads and the use of side lot line retaining walls to create lot pads. Waterside will respect some exceptions where patios, drives, and pools are built that can be viewed as extensions of the home.” Waterside has created a development that will “RESTORE THE NATURAL MOSAIC” “RESTORATION OF THE NATURAL MOSAIC: Page 74 of the Comp Plan calls for “contextualization”. The Comp Plan states: “Contextualization, which grows from a commitment to landscape integrity is what helps to preserve the property values sustained in Westlake. It is therefore important that the plan creates mechanisms to continue the commitment to landscape integrity, not only to preserve the pastoral landscape of the Town, but to also preserve property values. In this sense, landscape integrity needs to guide the development-related considerations of the Comprehensive Plan.” Landscape Integrity is defined, in the same section, as “development that has been contextualized to fit within the natural landscape…” Therefore, Waterside will use the landscape opportunities presented by open space, defining clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. Therefore, Waterside will use the landscape opportunities presented by open space, defining development clusters, to restore the natural mosaic in such a way that the Comp Plan’s call for “contextualization” is achieved. This will require a considerable commitment to landscape materials and native species employed in a manner consistent with the Concept/Development Plan.” Development Description Page 6 of 26 Waterside has created a “CLUSTERED” development “CLUSTER DEVELOPMENT: The Land Use Plan section of the Comp Plan (page 159) states that “smaller lots could be compatible with this character [district] if such lots are CLUSTERED AND SURROUNDED WITH OPEN SPACE…”. Waterside is presenting a “cluster development”, Concept/Development Plan in which the “clusters” are surrounded with open space. To accomplish this in a manner consistent with the other requirements of the Comp Plan, Waterside will use the water theme element as an aspect of the open space defining the required development clusters as illustrated on the Concept/Development Plan.” Development Description Page 7 of 26 LANDSCAPING Landscaping: Spencer Ranch will approach the total landscaping effort as one cohesive and comprehensive unit for the entire tract of land. The landscaping design will incorporate the vision of the entire tract using all aspects of the terrain, thus creating the “natural mosaic” the town prefers. Although installed in individual increments as each home is completed, the Spencer Ranch vision is to create an overlay of a full and comprehensive landscape plan that embodies the entire parcel of land and raises the standards in Westlake and is not prejudice to any one dwelling. Landscaping will encompass many aspects for the development, conceptually and physically and will be implemented in phases; a. Park Land Dedication area-outside of the community fencing b. Development infrastructure/streets; c. Individual houses The master landscape plan will include the following elements: • The establishment of a riparian tree corridor that defines the housing cluster zoning and further defines the water system is an important aspect of this community. • Establishing forest and meadows using various types, sizes and species of trees developing a diverse over story. • Further definition will be given to the forest by using a native understory in certain areas of the community. • Weaving natural features such as bald cypress trees in and around the water system providing a more natural bank and greater complexity at the edge definitions. • Water themed community with the water emanating from the main community center water feature and acting as the “headwaters” for the water system. • A genuine effort will be made to save and protect old-growth trees. • Water features, trails, fencing, retaining walls and other architectural structures will be developed to the highest degree of thought thus impacting the community in a positive way. • Care will be given to how the landscaping and streets interact giving careful attention to the development of “social space” as it relates to this aspect. Landscape architect: TBD Development Description Page 8 of 26 UNIQUE AMENITIES Spencer Ranch Community Amenities: A gate house/sales center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. The developer shall build the gate house/sales center structure along with the infrastructure improvements prior to the filing of the Final Plat. An amenity center will be constructed on the property in the general location as shown on the Concept/Development Plan similar to the rendering concept below. The developer will complete this facility within a timeframe not to exceed the closing of the 18th home in Spencer Ranch. The amenity center will contain the following minimum amenities: • Wine tasting room and storage facility • Exercise facility • Meeting area for approximately 50 people • A “Board Room” facility • Swimming pool/water feature Development Description Page 9 of 26 An open-air event pavilion will be constructed on the property in the general location as shown on the Concept/Development Plan, similar to the rendering concept below. The developer will complete this facility within a timeframe not to exceed the closing of the 18th home in Spencer Ranch. Open Community Amenities: • Multiple Lakes • Private internal trail system connecting to the public trail system with pet sanitation and watering stations • Areas designated for Public Art Competition • Trailhead parking • Historical landmark preservation of the Buck E. King historical marker Development Description Page 10 of 26 Community Fencing: Spencer Ranch will have a completely secure perimeter with contiguous fencing of various approved types employed in a manner consistent with the Concept/Development Plan below. Development Description Page 11 of 26 Perimeter fencing for the development shall be the following: • Pearson & Aspen development border (west/north) shall have decorative iron fencing that generally parallels Public streets as illustrated on the Concept/Development Plan. Decorative iron fencing with masonry columns and masonry wall sections strategically placed as determined appropriate to provide aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined by the Developer’s Landscape Architect. • Fisher Property Private Border (north/east)- shall be one of the approved fence types-TBD • Vaquero Golf course (east) fence is currently in place and shall be cleaned and repainted black. Development Description Page 12 of 26 • City of Keller border (south) shall be high quality, vinyl coated heavy galvanized fence and framework with dark wind screen to be allowed for the south property line (City of Keller) from the Vaquero Golf Course to the west. The screening fence will terminate at the decorative iron fence that runs along Pearson Rd and will not extend farther west than the decorative iron fence. “South property border screening from City of Keller” Fences on individual lot property lines are generally prohibited, except as approved by the ARB for: a.Dog runs b.Swimming pool safety c.Privacy for internal courtyards Fence Materials: Fences may be any of the following: • Masonry • Wrought Iron, such fences may be made of solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. • Wood along property lines that are not in the discouraged yard space. Where wood fences are used, they should 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 should face to the outside of the lot, if only 1 face is finished. Wood face member of the fence should be a minimum of ¾ inches thick. Development Description Page 13 of 26 • Welded tubular agriculture fences not located in a development where such a fence presents a contrast other fences of the development, and hosts and agricultural use or the fence is part of an agricultural theme is allowed. • High Quality, Vinyl coated heavy galvanized fence and framework with dark wind screen (south property only). Gate Materials: a.Wood with frame members measuring a minimum of 1.5 inches thick and infill planks measuring a minimum of 1.5 inches thick. b.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 solid stock or thick wall tubular steel (sufficient thickness to not burn through when welded but no thinner than 3/32 inch) with any finials or other decorative detailing being made of solid stock and welded to the fence construction or wrought as part of the iron making process. Waterside has created a development that respects “OPEN LAND & UNINTERRUPTED GROUND PLANE” “OPEN LAND, UNINTERRUPTED GROUND PLANE, AND ELIMINATION OF OPAQUE FENCING (EXCEPT FOR SPECIFIC FUNCTIONAL PURPOSES): Page 159 of the Comp Plan states that “the sense of open land is more essential than lot size”. Also, it is an intent of the Pastoral Character District that “homes are sited in ways responsive to features of the lot, instead of the street.” Page 159 also states, “the overall character is one of a dominant landscape and houses arrayed within it”. Adding to this emphasis on land, page 202 of the Comp Plan states that “articulation of neighborhood edges can subdivide the ground plane with opaque walls and other hard division, which begin to suburbanize the rural landscape”. Later, on that same page it states, “open spaces are meant to be remnants of the historic rural landscape and serve as seams that bind the commercial and residential uses together…therefore, porous edges are more preferred than barrier edges”. It is clear that the Comp Plan seeks to preserve the sense of uninterrupted ground plane in the Pastoral Character District. Consequently, Waterside will provide means of defining edges (development and property fencing) that preserves the uninterrupted ground plane (as much as possible) in a way that remembers the historic rural fabric. Neighborhood definition will be transparent, not a solid barrier. Property fencing will be limited, with certain concessions to privacy needs, screening, and dog runs accommodated in ways that do not result in isolating the entire lot from the general ground plane as shown on the Concept/Development Plan.” Development Description Page 14 of 26 SPENCER RANCH LAND USE PARKS AND OPEN SPACE Open space: The Westlake Comprehensive Plan and future land use plan do not show any open-space requirements for the subject property. However, per the proposed Concept/Development Plan, Waterside is providing Open Space and dedicating the following Public Open Space to the Town of Westlake: • Approximately 13.7 acres of open space are being provided. • Approximately 9.6 acres of Private Open Space • Approximately 3.6 acres of Public Open Space • Approximately 0.5 acres of Tree Dedication • This dedication includes a privately maintained and publicly owned/accessible linear park along Pearson Lane, and a tree preserve area near the neighboring property on Aspen Lane. • This dedication also requires any houses that side to Pearson Ln be no closer than 150 feet from Pearson Ln. Development Description Page 15 of 26 Parkland dedication: Parkland dedication is required based on 1-acre of parkland for every 30 residences for a total of 2.4 acres. The Concept/Development Plan shows approximately 3.6 acres to be dedicated with the platting of this property. The parkland will be privately maintained by the HOA but will be publicly accessible. Waterside has created a development that respects “PUBLIC OPEN SPACE & RURAL LANDSCAPE PRESERVATION” “PUBLIC OPEN SPACE/ RURAL LANDSCAPE PRESERVATION: Page 193 of the Comp Plan describes Rural Ranch Landscape (a type of Open Space recommended for the Pastoral Character Zone) as places “where residential development may move to preserve some aspect of the rural heritage”. In the Urban Design Structure portion of the Comp Plan states that “open space edges are meant to be remnants of the historic rural landscape…” Clearly, the Comp Plan is seeking to find opportunities for preservation of the rural heritage of Westlake in the creation of open space. Spencer Ranch contains a water feature that remains from earlier days (likely a ranch stock pond). Therefore, Waterside will take measures to include portions of this water body in a usable open space that can fulfill the Comp Plan call for rural landscape preservation.” Public Art: Waterside has a strong desire to support the arts in Westlake and will commit the following to a Public Art Competition: a.A competition site of a size to be determined, to place the art at Spencer Ranch in the Public Open Space b.A donation by Waterside of an amount to be determined will be outlined in the Economic Development Agreement. Development Description Page 16 of 26 STREETS, PARKING, SIDEWALKS AND TRAILS Streets: All community streets will be privately owned and maintained. They will be constructed with mountable curbs with enhanced finishes. Streetlights: Streetlights will be located at corners and intersections. Light fixtures will be low-pedestal-type fixtures that comply with Town ordinances and dark-sky design guidelines. Sidewalks: Sidewalks (natural material) will be located along each side of the esplanade water feature, serving pedestrians on both sides of the divided main roadway. Trail systems: The internal trail system will facilitate pedestrian mobility within the community. The public trail system will be extended from Aspen Lane south to the Town border. The internal trail system will connect to the public trail system at access-controlled locations. Water: Town of Westlake water system will connect to the development at two separate locations to create a looped-system. Sewer: The project engineer has met with town staff and performed the necessary calculations to determine that the public water and sewer systems can accommodate the additional loads anticipated to be generated by the proposed development and there are multiple access points available for connection to the public systems. Storm-water: Combination of natural grassed swales, detention ponds, and reflecting pools, connecting to the existing public street storm-water system. Duct bank: As required by Town ordinances, the developer will install a duct bank system throughout the subdivision. Each home will be connected to the duct bank system prior to the Certificate of Occupancy approval. Development Description Page 18 0f 26 HOME SPECIFICATIONS Home Pricing: The diversity of housing orchestrated in “Cluster Zones” are projected to have an initial sales price starting at $1,595,000.00 Spencer Ranch contains both one and two-story homes. Spencer Ranch Homes are expected to have the following square footage by type: 1.South Side Villa Homes (A) 3,500 sq.ft. 2.Upper East Side Brownstones (B) 4,000 sq.ft. 3.Meadows Villa Homes (C) 4,000 sq.ft. 4.Meadows Lakeside Homes (D) 4,500 sq.ft. 5.Ridgeview Homes (E) 5,000 sq.ft. 6.Promenade/Estate Homes (F) 5,500 sq.ft. “The locations of the housing types listed are shown on the Concept/Development Plan Supplemental housing type Designation Plan by their respective letter designations.” Building Setbacks: Front Rear (1) Sides Promenade homes (F) 20* 20** 10*** All other detached homes (A,C,D,E) 20* 20** 5 All single-family attached (B) 20* 20** 0 (1) When backing or siding to Aspen Lane, there shall be a 25-foot minimum setback. When backing up to Vaquero Golf Club there shall be a 25 ft. minimum set back permitted for no more than 50% of the homes facing the shared property line with the Golf Club. The balance of homes facing this shared property line shall have a setback 30 ft. or greater so that the configuration of variable setbacks substantially conforms to the Concept/Development Plan. Lots adjacent to, or backing up to, Aspen Lane shall have a 25-foot minimum setback. *Garages, courtyards, and accessory structures may encroach up to 10 feet into the required front yard. **When abutting an open space or water feature, no setback is required. ***Promenade Homes that side to Pearson Ln are required to have a minimum setback of 150 feet. Development Description Page 17 of 25 LOT SPECIFICATIONS Density & Lot Size: Spencer Ranch will be a unique “Lifestyle” community that will contain a maximum of 72 high-quality single-family attached and detached homes. The lots may be custom fitted to accommodate homes as they are purchased. Housing type, size, number of floors and the homeowner’s desire for larger or smaller footprints will impact lot size and configuration, and ultimately the total number of lots to be built upon. Larger lots may result in a lower total number of lots in the development. Minimum Lot Widths: Promenade / Estate homes (F) 85 feet Villa homes (A, C, D) 70 feet Ridgeview homes (E) 65 feet Attached homes (B) 80feet (2, 40-foot lot groups) Waterside has created a development that contains quality “LOT DENSITY” “DENSITY: Page 159 of the Comprehensive Plan states, "smaller lots could be compatible with this character district if such lots are clustered and surrounded with open space so that the gross density remains 1 dwelling unit per acre". The text immediately following that statement further states, "the sense of open land is more important than lot size". The second statement offers a qualifier to the application of the first statement, suggesting that density may yield to accomplishment other visions of the Comp Plan. However, that variation from 1 unit per acre in order to achieve that "sense of open land" and cluster development must be limited so that the resulting development is not confused with densities more typical of another Character District. While some increase in density may be suitable if ALL other visions of the Comp Plan are accomplished, that density MUST be appropriately less than 2 units per acre. Therefore, Waterside commits to a density that is less than 2 units per acre (specifically1.89 units per acre) which Waterside views as necessary to achieve ALL other visions of the Comp Plan, as they are applicable to this site and specified in this application for Spencer Ranch.” Development Description Page 19 of 26 “Main Promenade at Spencer Ranch” Waterside has created a development that creates a “DIVERSIFICATION OF HOUSING” “DIVERSIFICATION OF HIGHER END HOUSING OPTIONS THROUGH CREATION OF A UNIQUELY SOCIAL LIFESTYLE COMMUNITY: The Housing Plan component of the Comp Plan (pages 261-272) stresses the need for “life style” offerings to accompany housing options for other high-end markets. These projects, which diversify the housing offerings more typical of Westlake are needed to attract younger buyers, meet future housing needs of an aging population, and mitigate value encroachment (typically approaching Westlake from Southlake and Keller). The unique location of Spencer Ranch at the edge of the Town, abutting the shared boundary line with Keller, makes it particularly important to accomplishing this objective. Therefore, Waterside has created a “lifestyle” product which is more than simply smaller lots. Spencer Ranch presents a true housing/living option that will indeed capture a high-end buyer at the edge of the Westlake submarket (abutting Keller) …thereby affirming the continued integrity of that submarket. Key to the lifestyle/ housing product is the proposed social use of the street space and the creation of a true promenade, in the manner of distinctive/ historic developments such as Riverside, Chicago (1879). Waterside commits to create a significant central promenade with amenities that enhance pedestrian use of the entire space and promotes pedestrian pleasure in that use, as shown on the Concept/Development Plan.” Development Description Page 20 of 26 Minimum Size: The minimum size of a residence shall be 3,000 square feet. Massing: Massing will vary by housing type. Great attention will be given to achieving horizontal and vertical articulation within individual structures and/or within groups of structures, so as to avoid the uniform massing and alignment found in typical suburban subdivisions. Building Height: Because of the potential for lower-pitched roofs with the chosen architectural style, smaller footprints of clustered homes, and respecting the natural terrain in the development with terrain absorption within the foundations of each house, we are requesting a maximum height of 36 feet, as measured from the top of the foundation to the highest plate for attached homes, and 35 feet, as measured from the foundation to the mid-span of the highest roof pitch for detached homes. This allows the architectural aspect to create a rolling fabric of houses not restricted to the typical cookie-cutter guidelines. Garages: Promenade/Estate homes shall have a minimum of three enclosed parking spaces. All other homes shall have a minimum of two enclosed parking spaces. Garage doors shall be made of sectional wood or be wood clad. Garage doors shall be recessed a minimum of (8) eight inches (nominal) from the plane of the adjacent wall. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion and are in a motor court setting. Roofs: Roofing materials facing the weather shall be of high and enduring quality. Permitted roof materials include: a.High quality clay or concrete tile (with a thickness similar to clay). (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) b.Metal: Traditional standing seam with standing folded and soldered seams. Allowed for porches and architectural features only. (Acceptable styles and colors to be detailed in the Spencer Ranch Design Guidelines document) c.Flat or low-pitched roofing that is 2:12 pitch or less may be of any code approved material. Development Description Page 21 of 26 Windows: Orientation of all windows at Spencer Ranch will follow the Town’s Building Quality Manual section; Standard 3.10: Openings. Spencer Ranch will allow the following windows and doors providing they are of high quality and comply with the Spencer Ranch Building Guidelines: a.High quality wood windows and doors with metal clad exteriors and minimum glazing with Cardinal 366 insulated glass or equal. b.High quality iron windows and doors and minimum glazing with Cardinal 366 insulated glass or equal. Exterior walls: Exterior walls shall be 80 percent masonry as required for all Residential Districts by the Code of Ordinances. Exterior walls shall have horizontal and vertical articulation or architectural delineation on all elevations. Exterior lighting: All exterior lighting shall be subdued, indirect and comply with town ordinances, as well as follow “dark-sky” design guidelines. Development Description Page 22 of 26 QUALITY CONSTRUCTION INTENT The intent of Waterside’s submittal, to create a community of clustered high- quality homes on smaller low-maintenance lots, to provide the “diversity of housing types” that the Comprehensive Plan states is needed within the Town of Westlake. This new proposed PD District will contain development standards that are intended to guide design and construction of the high- quality homes within the new PD District to be equal to or exceed the current level of quality of construction and finish-out as that found in the best of the larger estate homes that currently exist in the Town of Westlake. This new PD contains language that references: • An Architectural Review Board (ARB) • Spencer Ranch Building Guidelines • Town of Westlake Building Quality Manual It is the intent of this new PD to use these documents, as approved by the Town. The ARB shall assure compliance with all architectural standards and may not change the documents so as to cause a change in permittable architectural style without the Town Managers prior approval. The ARB shall approve all plan submittals prior to them being submitted to the Town for permitting. The Town still has authority to enforce Town of Westlake ordinances and the Building Quality Manual. Waterside has created a development that incorporates the Town’s “BUILDING QUALITY MANUAL” “INCORPORATION OF THE TOWN’S BUILDING QUALITY MANUAL: The Town has, in no uncertain terms, made a statement as to its expectations for the future quality of its built fabric in the recently adopted Building Quality Manual. Therefore, Waterside will adopt Westlake’s Building Quality manual as part of the Spencer Ranch Design Guidelines.” Development Description Page 23 of 26 COMMUNITY ASSOCIATION & DESIGN CONTROL Homeowners Association: The community will be governed by a to-be-established Homeowners Association (HOA) that will be responsible for the common area maintenance, private street maintenance, and enforcing the design guidelines for the community. Design Guidelines: A detailed design guideline document is being prepared specifically for Spencer Ranch. The Spencer Ranch design guideline document will clearly detail design and building guidelines specific to Spencer Ranch and will also - incorporate the Town of Westlake’s Building Quality Manual into its architectural standards. Design enforcement will be performed by the ARB which will include a licensed Architect as a required member. The Town will assure compliance with the all Town Ordinances. Architectural Design: At Spencer Ranch, The Developer/Builder will employ 360-degree architecture when designing each residential product within the development. The open/urban beauty of the development drives this design and building practice. In this practice, full consideration is given to every building elevation and every roof plane of each structure during the design process. The intent is to ensure delivery of aesthetically pleasing architectural features as viewed from all parts of the development, and not create a distinct and determinable hierarchy between major and minor elevations. Waterside will reduce the visual impact of all exterior mechanical elements. Spencer Ranch requires all building plans submitted be done by a Licensed Architect. Architectural Review: An Architectural Review Board (ARB) will be established through the HOA/declarant that has approval authority over the house quality of design and construction of all homes and additions. The ARB will be charged to ensure that the Building Guidelines of Spencer Ranch and the included Westlake Building Quality Manual provisions, are strictly followed. The Conditions, Covenants, and Restrictions will establish the required makeup of the ARB which will include a licensed Architect as a required member. Development Description Page 24 of 26 Waterside has created a development that requires “LICENSED ARCHITECTS” “LICENSED ARCHITECT PROVISION OF PLANS THAT INCLUDE EXTERIOR DETAILS NECESSARY TO EXPLAIN ALL FEATURES OF CONSTRUCTION TO THE BUILDING TRADES: Much of the home designs built in Westlake, Southlake, Trophy Club, and Keller are done by “Building Designers” instead of a Licensed Architect. The plan sets produced by this means of production are very basic, leaving much of what is finally seen from the street, in the hands of a tradesman who may, or may not, have sufficient background to execute an outcome consistent with the design intent or the particular style represented by the “designer’s” drawings. Continued over time, this will ultimately weaken the distinctiveness of Westlake. Therefore, Waterside commits to have all building plans prepared by a Licensed Architect and that plan sets prepared by this architect will contain sufficient details to fully explain the exterior construction to a competent contractor/tradesperson.” Development Description Page 25 of 26 LIFESTYLE COMMUNITY WITH MAINTENANCE FREE LIVING Waterside Home Maintenance Concierge provides a “World Class” level of service to its clients that is not offered in the marketplace. We strive to exceed all expectations of a Concierge Maintenance service by preprogramming maintenance and anticipating our client’s needs. Waterside’s Home Maintenance Concierge Service will provide its full complement of services to the Spencer Ranch community and manage all aspects for the community services with it’s on site personnel. The service creates “One Point of Contact” for our clients and provides them with a trusted advisor so they can live a maintenance free lifestyle! Waterside also offers our exclusive Lock – N – Leave service creating worry free travel! The service platform that Waterside HMC offers to its clients include some of the following: • Fully managed property maintenance services • Lock-N-Leave service year round • Quarterly 110point maintenance checks • Monthly 20point maintenance checks • 24/7 Emergency Service Response • Single point of contact • Preventative maintenance service and checks on all equipment • Complete supervision of any additional work completed at the house • Additional Boutique services available (window cleaning, power washing, etc...) • Vetted Preferred Contractor used for any and all work • Quality craftsmanship and industry knowledge Development Description Page 26 of 26 CONSTRUCTION SITE MANAGEMENT Debris: All construction debris from all construction sites within the development will be contained in a central location. The location will be enclosed with temporary wood fencing, or chain-link fencing with screening material attached, as to not be directly visible from any street. Contractors will be required to contain debris daily and/or transport to the containment site. Soil: All construction spoils or natural soil moved from all construction sites within the development will be stored in a designated location(s) that will be enclosed by proper silt fencing and/or other erosion control measures as needed. Documentation: All town and construction documentation, including but not limited to building permits, inspection reports, geotechnical studies and building plans, will be located on-site in the construction offices of the developer/builder with full access granted to town building officials. Sanitary Stations: Multiple sanitary stations (port-o-let) will be located within the community in close proximity to all construction sites. The stations will be screened from the street frontage, either behind a 6-foot-high screening fence or with temporary mock-ups built from materials similar to the materials used in the construction of the homes. The mock-ups will contain three walls and a roof section hiding the stations from the street view. Sanitary stations will be cleaned on a regular schedule. Material Storage: Material storage will be located within a designated area(s) that will be screened with fencing TBD. Construction Parking: Contractors will be allowed to park only in designated parking areas and on a single side of the roadway near the construction site, but not adjacent to any occupied dwellings. Contractors will be required to park in designated parking areas only for weekend work after residents occupy the development. end Development Description Amenity Center Gate House Fence Exhibits Esplanade Esplanade Perimeter Boundary Exhibit Housing Elevations Housing Elevations Housing Elevations Housing Elevations Plan ElEmEnts: land UsE Plan 167the land Use Planwith residential integrity, rural identity, town form, and commercial/residential rela-tionships. Therefore, the built characteristics of Land Use in Westlake should be in-fluenced by what Community Type is engaged and what View Condition is affected. Community Type expresses the desired built character of land use that should mani-fest in development of existing entitlements. View Condition expresses the magnitude (density and height) of land use that preserves the vista.Land Use Relationship to View Conditions: The View Analysis discussed in the Frame-work Plan section of this Comprehensive Plan identifies 5 view conditions as follows:1. Vista Point Zone: Sectors of Westlake from which the recognizable views, gen-erally considered typical of the Town, are attained. These are typically northerly views from areas from areas along, and south of, Dove Road. These elevations are generally higher than elevations along Highway 114. Views identified by Planning Workshop participants as characteristic of Westlake’s pastoral, pictur-esque, and rural identity are mostly seen from this zone and the view is toward the north.2. Vista Termini Zone: Areas of Westlake, generally north of Dove Road, where land elevations equal or exceed elevation 690 to 700 ft. above sea level and cre-ate promontory landforms that define the end point of any vista which includes them. In many cases, these are the land related objects viewed.3. Vista Shade Zone: Areas of Westlake, generally along Highway 114 and north of the vista termini (discussed above) that contain land elevations lower than 690 – 700 ft. above sea level and are largely obscured from view by these higher elevations in the foreground of any vista toward them.4. View Shed Zone: Areas of Westlake that are not visually screened or obscured by foreground land elevations and consequently lie within the vista attained from the Vista Point Zone.5. View Corridor Zone: Lineal views, usually along creek ways as they descend in a northerly direction that are attained from the Vista Point Zone. These views host the water bodies and wooded areas that are important visual assets of the Town.The proposed Land Use Plan of the Comprehensive Plan Update builds from the Goals and Citizen Priority Statements as well as the Framework Plan. A key component of the Framework Plan is the View Analysis that expresses the geographic boundaries of citizen prioritization of pastoral, picturesque, and rural views (one of the primary themes and repeated concerns of citizen input). The Framework Plan further divides the 5 View Conditions into 3 Community Types (Pastoral Community, Town Com-munity, and Regional Community), thereby expressing the Citizen Priorities dealing LAND USE PLANDISCLAIMER: The land use districts shown on this map in no way modify the permitted uses and/ or conditions of use (FAR, building height, etc.) specified in any zoning or Planned Development Ordinance approved by the Town of Westlake. These land use districts are intended to guide the Council in their evaluation of site plans submitted for their approval and/ or property owner requests to transfer commercial square footage from one land use district to another when the legal mechanism for such transfer has been adopted by the Town of Westlake. See Policy Section A in the Implementation Document for rates of transfer, trigger points, and other implementation language. Views and Vista Define the Experience of Westlake From: To:Ron Ruthven; Nick Ford Subject:Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen – Tim Brittan Property Date:Thursday, April 19, 2018 12:36:17 PM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Dear Mr. Ruthven and Mr. Ford, I called the City of Westlake and was transferred to Pat Cook, Westlake Building Official, and he recommended I send this to your attention. We are David and Julie Elmer and are the homeowners at 2017 Bantry Drive which borders the south side of Mr. Brittan’s property on N Pearson Lane. We have lived in our home for 13+ years and are part of the Oakmont Hills subdivision. Oakmont Hills is an 88 home subdivision in the city of Keller with home values ranging from $750K to $1.5M+. We did not receive a public hearing notice and only learned about the requested zoning change after reviewing the April 16th Planning and Zoning Commission Meeting minutes posted on the Westlake website. This is very disappointing considering that we have a large stake in what is developed next to our property. Also, Westlake and Keller are not only neighbors but share many public services. We adamantly oppose the zoning change request. When we bought our home a significant consideration was the potential future of the property behind us. At that time, Terry Bradshaw owned the property and it was a beautiful horse ranch. Most importantly, we knew the property was zoned residential – 5 acres. We believed even if the property were to be developed it would consist of large estate homes on 5 acre lots. After reviewing the minutes of the April 16th Planning and Zoning Commission meeting it appears there was no consideration to the homes on the south border. With all the years we have lived on the boarder of Westlake we have always admired the town of Westlake for its thoughtful development and deep consideration for its residents. We also request your consideration of our concerns below and do not approve the plan as submitted. 1. The density and lot size is not compatible with the surrounding area and is unsightly. All comparisons in the proposal are with Vaquero which is only on one side of the proposed development. Many homes to the north, west and south are on multi acre lots. Even though the aesthetics of the proposed development appear high quality it would negatively impact property values in the surrounding area. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. There should a 50’ buffer so the homes are not on top of each other. The 50’ buffer should have a berm with trees or bushes on top to create privacy and pleasing views from both sides. The way it is proposed today, a single home in Oakmont Hills could have as many as three homes across their back yard and only be few feet from their property line. 3. The proposed border fencing is completely unacceptable. The current proposal states “Along the southern boundary of the development adjacent to the City of Keller, the applicant proposes to construct a “high quality, vinyl coated heavy galvanized fence and framework with dark wind screen”. This is extremely unsightly from our side, it diminishes the value of our property and greatly reduces our quality of life and enjoyment of our backyard. At minimum, the boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes should not be allowed to be included. The surrounding area does not support the requested density and adding multi-tenant buildings exacerbates this problem further. The inclusion of town-homes would not only reduce the property values in Oakmont Hills but be unsightly and greatly reduce the privacy and use of backyards that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We plan to notify and educate all residents of Oakmont Hills and the surrounding neighborhoods. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you again for your consideration. David and Julie Elmer 2017 Bantry Drive Keller, TX 76262 From: To:Ron Ruthven; Nick Ford; Subject:Fwd: Rezoning Request (R5 to PD) Pearson Lane south of Aspen Lane Date:Tuesday, April 24, 2018 12:37:36 PM Mr. Ruthven, and Mr. Ford, I am a resident of Oakmont Hills in Keller, and as you know, our subdivision boarders the planned 37.8 acre development by Paul Pastore, Waterside Land Company, LLC, on behalf of property owner, J. Timothy Brittan, at Preston Lane and Aspen Lane. The summary description of this development calls for a 72 lot single family development and this will require the City of Westlake to amend its current R-5 zoning designation. As a Keller resident, I understand that my concerns may not be the primary focus of the Westlake Planning and Zoning Commission, but after reading all of the information provided in the public hearing documents (P170 – P240) (http://westlake- tx.org/ArchiveCenter/ViewFile/Item/1517 , I do want to express a few concerns. Before we moved into Oakmont Hills six years ago, I called and spoke with the Keller, Southlake and Westlake City Managers regarding their estimates of the possible expansion or widening of Pearson Lane. Keller’s City Manager stated that current traffic patterns did not warrant widening the road but estimates of future growth could influence that decision. The City of Southlake said there were no current plans for any type of expansion of Pearson Lane and he did not see that being a real possibility in the future. The City Manager at Westlake was more emphatic, and he said it was not now, nor would it be in any future plans to expand Pearson Lane. He also said that the Cities of Keller and Southlake could widen Pearson up the Westlake city line but the City of Westlake would never widen their portion of Pearson Lane. His comments gave me a great amount of confidence that Pearson Lane would never be widened. My first concern is that future requests for additional developments will undoubtedly arise and the council will be asked to make additional exceptions to your current zoning requirements. Areas of development that will likely fall into this category is the Shelby Estates land on Aspen Lane and Pearson Lane, along with the property that is currently for sale on the southwest corner of Pearson Lane and Dove Road. This new development, will add additional traffic to roads that will see significantly more future traffic as the area continues to develop. My second concern is with the lower quality fencing that is being proposed on the south side of this development. I would like to know why this fencing is deemed acceptable on the southern border and why the requirements are different from the other border areas? This fencing will be able to be seen as you drive through the Oakmont Hills subdivision and it will also be unappealing to those home owners in our neighborhood who back up to this development and it could impact the value of our homes. It is troubling to me that the committee would not require the same fencing around the entire development. Why do they feel it is acceptable to have a cheaper, less visually appealing fence in places where Westlake residence will not see it! I am disappointed to think that we now have to quibble over something that the committee should have originally overruled. This fencing would obviously not be acceptable to your Vaquero residences, and it is not acceptable to your neighbors in Oakmont Hills. Additional traffic, expansion of existing roads, and the blatant disparity in the quality of the fencing are my primary concerns. The rezoning for the Spencer Ranch development is being framed as a onetime exemption that will not significantly impact the future demands for the existing roads. I feel certain that future rezoning requests will be made for more higher density developments, and group like Waterside Land Company could easily irrevocably change the vision of Westlake. Please consider my concerns and I would look forward to visiting with you more about these issues. Thank you, Eric Allen ------------------------------------------------------------------------- This message and any files transmitted with it are proprietary and confidential. They are intended solely for the use of the individual or entity to whom they are addressed. If the reader of this message is not the intended recipient, please notify the sender immediately and delete this message. Distribution or copying of this message is prohibited. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 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: - Charles Schwab - Project Pegasus - BRE Solana - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager d. Section 551.071(2) – Consultation with City 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: Property located on tract 3A and 3B Shelby Estates, specifically located on 4105 Aspen Lane. Town Council Item # 13 – Executive Session Town Council Item # 14 – Reconvene Council Meeting NECESSARY ACTION 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: - Charles Schwab - Project Pegasus - BRE Solana b. Sec. 551.071. Consultation with Attorney (2) on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Waste (Trash) Ordinance c. Section 551.074(a)(1): Deliberation Regarding Personnel Matters – to deliberate the appointment, employment, evaluation, reassignment, duties, of a public officer or employee: Town Manager Town Council Item #15 – 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. Mayor Wheat a. Discuss the education of our community on the enforceability of Town ordinances within gated neighborhoods. b. Discussion regarding the permissible use and operation of golf carts. Town Council Item # 16 – Future Agenda Items Town Council Item # 9 – Adjournment Work Session