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05-21-18 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 5 TOWN OF WESTLAKE, TEXAS Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. TOWN COUNCIL MEETING AGENDA May 21, 2018 1500 Solana Boulevard Building 7, Suite 7100 1st Floor, Council Chamber Westlake, TX 76262 Special Session: 5:00 p.m. Work Session: 5:15 p.m. Regular Session: 6:30 p.m. Page 2 of 5 Special Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. 4. DISCUSSION AND CONSIDERATION TO ELECT A MAYOR PRO TEMPORE. 5. ADJOURNMENT Work Session 1. CALL TO ORDER 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 3. DISCUSSION ITEMS a. Presentation and discussion regarding the amendment to Chapter 46, Article VI Tobacco Products, Smoking, and E-Cigarettes. b. Presentation and discussion of the schedule, budget, signage and construction of a Westlake Fire-EMS Station No. 1 located at the Northwest Corner of Dove Road and Davis Boulevard (FM 1938). c. Standing Item: Presentation and discussion of development projects per Staff report April 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. 4. 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 Page 3 of 5 - Maguire Partners-Solana Land, L.P., related to Centurion’s development known as Entrada and Granada b. 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 c. 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: 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 5. RECONVENE MEETING 6. COUNCIL RECAP / STAFF DIRECTION 7. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 3. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on April 30, 2018. b. Consider approval of Resolution 18-19, Adopting a Criminal Justice Information System (CJIS) Policy to establish policies for the proper access, dissemination, and destruction of Criminal History Record Information. Page 4 of 5 c. Consider approval of Resolution 18-20, Appointing three (3) members to the Westlake Academy Foundation board. d. Consider approval of Resolution 18-21, Appointing a member to the Planning and Zoning Commission. 5. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 854, APPROVING 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. 6. CONTINUE 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. 7. CONTINUE A PUBLIC HEARING AND CONSIDERATION OF AN ORDINANCE 856, 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 SINGLE FAMILY RESIDENTIAL USES, INCLUDING A REQUEST FOR APPROVAL OF A CONCEPT PLAN AND DEVELOPMENT PLAN, AND A SPECIFIC USE PERMIT FOR PRIVATE STREETS. 8. 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. 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 c. 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 Page 5 of 5 Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: 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 9. RECONVENE MEETING 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 11. 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. 12. 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, May 17, 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." 3. ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS. Town Council Item # 3 No supporting documentation Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, May 21, 2018 TOPIC: Discussion and Consideration to elect a Mayor Pro Tempore. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Municipal & Academic Operations Natural Oasis - Preserve & Maintain a Perfect Blend of the Community's Natural Beauty Increase Transparency, Accessibility & Communications Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: 05/21/18 Completion Date: May 21, 2018 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Pursuant to Local Government Code Section 22.037 the Council shall elect a Mayor Pro Tempore following the May General election. The Mayor Pro Tem shall perform the duties of the Mayor in cases of absence or inability of the Mayor to perform such duties. The Mayor Pro Tem shall have the right to vote as a member of the Council. Page 2 of 2 RECOMMENDATION Elect a Mayor Pro Tempore. ATTACHMENTS None Town Council Item # 5 – Adjournment Special Session REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on April 30, 2018. b. Consider approval of Resolution 18-19, Adopting a Criminal Justice Information Systems (CJIS) policy. c. Consider approval of Resolution 18-20, Appointing three (3) members to the Westlake Academy Foundation board. d. Consider approval of Resolution 18-21, Appointing a member to the Planning and Zoning Commission. Town Council Item # 2 – Review of Consent Items DISCUSSION ITEMS a. Presentation and discussion regarding the amendment to Chapter 46, Article VI Tobacco Products, Smoking, and E-Cigarettes. b. Presentation and discussion of the schedule, budget, signage and construction of a Westlake Fire-EMS Station No. 1 located at the Northwest Corner of Dove Road and Davis Boulevard (FM 1938). c. Standing Item: Presentation and discussion of development projects per Staff report April 2018 including an Entrada report from the Developer and projects in Planned Development PD 3-5. Town Council Item #3 – Discussion Items Page 1 of 2 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, May 21, 2018 TOPIC: Presentation and Discussion of proposed changes to CH 46, Article VI, Tobacco Products, Smoking, and E-Cigarettes of the Town’s Code of Ordinances. STAFF CONTACT: Jarrod Greenwood, Public Works Director/Assistant to the Town Manager Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Family Friendly & Welcoming 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: May 21, 2018 Completion Date: May 21, 2018 Revenue Amount: N/A Status - N/A Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Town Council adopted Ordinance 755, Tobacco Products, Smoking, and E-Cigarettes at the October 20, 2015 Regular Town Council meeting. The current Ordinance addressed concerns regarding pedestrians targeting the Town’s trails and ROW to smoke when Fidelity implemented a smoke free campus. At the request of Council, staff examined neighboring and comparable communities’ smoking ordinances, which range from minimum prohibition to full smoking bans, to determine what measures are available to Westlake. Page 2 of 2 The attached FW Ordinance is presented as a foundation for an updated Town of Westlake Smoking Ordinance. RECOMMENDATION N/A ATTACHMENTS 1. Memorandum from Town Manager - Topics and Issues to Consider When Formulating An Ordinance Regulating Public Smoking 2. City of Fort Worth Ordinance, CH 29.5 Smoking Page 1 of 4 MEMORANDUM Date: October 8, 2014 TO: Honorable Mayor and Town Council FROM: Tom Brymer, Town Manager/Superintendent SUBJECT: Topics and Issues to Consider When Formulating an Ordinance Regulating Public Smoking On May 19, 2014, the Council voted under its meeting procedures to take up for discussion this topic as a Council agenda item (agenda item was submitted by Mayor Wheat). The purpose of the memorandum is to provide the Council with some perspectives on topics and issues for your consideration as you discuss this subject. These topics and issues have arisen during my tenure in cities where the city council has undertaken regulation of public smoking. Purpose of the Regulation Generally speaking, some cities began consideration of limiting public smoking in the 1990’s. Over time, more cities have imposed limitations on public smoking. Those cities that passed no smoking ordinances early on have , in some cases, later amended them to apply to more loca tions than the original ordinance applied (i.e. an incremental approach such as initially not allowing smoking in restaurants, but smoking being allowed in bars, however, later applying the smoking prohibition to bars as well). Those cities adopting smoking regulations more recently often impose removal of smoking f rom most public buildings and public areas and they define those areas broadly so the net effect is the elimination of public smoking in most places (i.e. a non-incremental approach). In these deliberations, the question is generally asked (and it is a good question to ask when deliberating formulation of public policy), what is it we are attempting to achieve and why are attempting to achieve it, i.e. what is the goal or end that we wish to attain? As we’ve discussed in our governance discussions, another way to ask this question when considering public policy initiatives is, “what good for what group at what cost” (John Carver, Boards that Make a Difference)? The answer to that question is generally one that focuses on the reduction of exposure to second hand smoke due to its documented adverse health impacts. This exposure to second hand smoke can be for employees, business patrons, Page 2 of 4 or the general public that frequent locations which allow smoking. This in turn often leads to a consensus that, because of second hand smoke, this is a public health issue. And, since cities are generally viewed as being charged with being responsible for protecting the public’s health, safety, and welfare, there often is public consensus that it is appropriate for cities to impose regulations on public smoking. Additionally, health organizations such as the American Cancer Society, the American Lung Association, and the American Heart Association all have taken public positions based on studies as to the adverse health impacts of second hand smoke. Sometimes local chapters of these organizations or local doctors become involved in their communities in advocating to city councils for a public smoking limitation or its complete ban. Counter arguments to the public health justifications for no smoking ordinances (due to the detrimental effect of second hand smoke) often focus on individual rights to smoke. Another counter argument also can be that imposition of no smoking regulations will hurt a particular business or types of business because their patrons will frequent other similar establishments in other cities that allow smoking. Regarding this later argument, it tends to have more weight if adjacent cities do not regulate smoking, but in our case, most, if not all, area cities do regulate public smoking in some manner. Breadth of Regulation Limiting or banning public smoking, while a public policy issue, involves regulation. When imposing regulation a good question to ask is, “how wide do we wish to cast the regulatory net”? As you can see by reviewing the ordinances of nearby cities that regulate public smoking, there is a variation to the degree to which this public smoking limitation is imposed. Some ordinances prohibit public smoking in any public building and define public building as “any building other that a building used as a private residence”. Some ordinances include restaurants in the definition of a public building with the definition of a restaurant allowing the serving of alcohol with a valid State license as long as it derives less than 75% of its gross revenue from alcohol sales. Some ordinances prohibit smoking in all public buildings, including restaurants and bars. Other ordinances also extend the no smoking prohibition to public parks, hospitals, schools, and municipal buildings. Page 3 of 4 Some public smoking ordinances allow smoking in a restaurant as long as the smoking area does not exceed 50% of its net floor area and it has an air purification system with a separate ventilation system that does not allow air from the smoking area to be drawn into the non-smoking area. In restaraunts with bars, sometimes smoking is prohibited in the restaurant area, but allowed in the bar area with specified separation distances between the two areas and with the bar having a ventilation system as described above. Other public smoking ordinances make exceptions and allow for smoking in facilities owned or operated for fraternal, charitable o rganizations (VFW, Elks Club, etc.). Westlake does not currently have any of these facilities; however, we do have a country club with a restaurant. Generally, smoking is defined in most ordinances as inhaling, exhaling or burning a lighted cigar, cigarette, pipe or other lighted tobacco products. However, in recent years other products that have come on the market such as e-cigarettes have been included in the definition of smoking. Other products have been banned because they have been determined to be illegal (see Keller’s ordinance). Some ordinances contain language that sets a minimum age for the sale of tobacco products within that city. As one can see, a discussion of how broadly to “cast the net” is an important part of the deliberation of limiting public smoking. Process for Formulation of the Policy (i.e. the Ordinance) Thought should be given early on as what process will be used to formulate a proposed public smoking ordinance. This should include considering the extent of public input desired and how it is to be obtained. Options on this can range from Staff formulating a recommended ordinance and bringing it to Council for discussion and deliberation in a public meeting, to having public input meetings with Staff as they work on a draft prior to bringing it to Council. Another item to consider is what type of notice should be given to existing businesses that might be impacted by a smoking regulation ordinance so they have adequate opportunity to provide input. Implementation and Enforcement of the Regulation If a smoking regulation ordinance is adopted, consideration then turns to how residents and businesses will be notified of the regulations. Will there be a “grace period” during which enforcement will be delayed while businesses come into compliance? If smoking in certain types of establishments will be allowed Page 4 of 4 with certain ventilation systems, how long will be given for those systems to be installed, tested, and verified of their correct functionality? Once the ordinance is in effect, how often will businesses in which smoking is regulated and/or prohibited be inspected for compliance? Will enforcement be done on a regular basis or on complaint only basis? What resources are required to enforce the ordinance regulations effect ively? The communities I have worked in that have adopted smoking regulations have made every effort to enforce them within existing resources (i.e. not requesting additional resources for enforcement). This has been done by having the initial inspection once the ordinance goes into effect as well as subsequent annual compliance inspections done by the Fire Department as a part of their routine business inspection program. If a complaint is received, the Fire Department sends personnel to investigate and if a violation occurs, issues a citation. Conclusion Formulation and implementation of smoking regulations requires thought, deliberation and dialogue on the issues identified above. The issues above are not intended to be exhaustive. The re likely will be other issues as well. But, the issues and topics discussed here are intended to give the Council a good idea of what they will likely need to consider as they deliberate over this public policy matter. It should be noted that as Westlake grows, the number of businesses affected by a public smoking ordinance will likely increase which makes it just that more complex to deal with. Thus, it is timely to consider it now. 1 Fort Worth, TX Code of Ordinances CHAPTER 29.5: SMOKING Cross-reference: Health and sanitation, see Ch. 16 Editor’s note: Ord. 13009, adopted May 20, 1997, amended in its entirety former Chapter 29.5, consisting of §§ 29.5-1 through 29.5-7, relative to smoking, and re-enacted §§ 29.5-01 through 29.5-30 to read as herein set out. The provisions of former §§ 29.5-1 through 29.5-7 derived from Ord. 9572, § 1(31A-1 through 31A-7), adopted February 25, 1986; Ord. 10315, § 1(1) through (4), adopted May 30, 1989; Ord. 11285, § 1(1) through (5), adopted March 30, 1993. Subsequently, Ord. 17719, § 1, adopted August 21, 2007, amended Ch. 29.5, in its entirety, to read as herein set out. Prior to inclusion of said ordinance, Ch. 29.5 pertained to similar subject matter. See also the Code Comparative Table. Section 29.5-01 Title, purpose 29.5-1 Definitions 29.5-2 Smoking prohibited 29.5-3 Exceptions 29.5-4 Designation of smoking rooms by hotel and motel restricted 29.5-5 Owner/operator responsibilities 29.5-6 Employer responsibilities 29.5-7 Voluntary designation of a non-smoking facility 29.5-8 Retaliation prohibited 29.5-9 Sale of cigarettes or tobacco products to persons younger than eighteen years of age prohibited; proof of age required 29.5-10 Vendor assisted sales required 29.5-11 Vending machines 29.5-12 Sale of cigarettes or tobacco products to persons younger than 27 years of age 29.5-13 Notification of employees and agents 29.5-14 Distribution and sale of cigarettes or tobacco products 29.5-15 Possession, purchase, consumption and receipt of tobacco products by minors prohibited 29.5-16 Advertisement of cigarettes and tobacco products 29.5-17 Structural modification 29.5-18 Enforcement 29.5-19 Culpability 29.5-20 Other applicable laws 29.5-21 Violation and penalty 29.5-22 Permit suspension or revocation; hearing 29.5-23—29.5-30 Reserved TITLE, PURPOSE. This chapter may be referred to as the “smoke free ordinance.” The purpose of this chapter is to improve and protect the public health by eliminating smoking in public places and places of employment. It is also the intent of this chapter to define distinct and separate areas for smoking 2 and nonsmoking use, to assure a smoke-free atmosphere in public places and prohibit the commingling of air between smoking and nonsmoking areas. DEFINITIONS. The following words and phrases, whenever used in this chapter, shall be construed as defined in this section. BILLIARD HALL. A place of amusement whose chief purpose is providing the use of billiard/pool tables to the public for a fee. BUSINESS. Any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making or non-profit purposes, including, but not limited to, banks, laundromats, hotels, motels, retail establishments, professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered. CIGAR LOUNGE. An establishment where onsite sales of cigar products and cigar accessories for consumption or use on the premises is at least 30% of its gross annual sales and is restricted to individuals 18 years of age and above. CITY. The City of Fort Worth. CUSTOMER DIRECT ACCESS. That a customer has access to a product without the assistance of the vendor. DELIVER. To actually or constructively transfer possession of a tobacco product from one person to another and includes an offer to transfer possession from one person to another. ELECTRONIC SMOKING DEVICE. Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. EMPLOYEE. Any person who is employed for the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit or non-profit entity. EMPLOYER. Any person, partnership, corporation, municipal corporation, non-profit entity or other entity who employs the services of one or more individual persons. ENCLOSED AREA. An area closed in by a roof and walls with appropriate openings for ingress and egress. HEALTH CARE FACILITY. Any institution that provides medical, surgical and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, 3 doctor’s offices, dentist’s offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes. MINOR. Any person under 18 years of age. PERSON. Any individual, partnership, cooperative, association, corporation or venture. PLACE OF EMPLOYMENT. Any enclosed area under the control of an employer including, but not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, employee cafeterias and hallways. A private residence shall not be considered a PLACE OF EMPLOYMENT. PRIVATE CLUB. A building or portion thereof that is owned, leased or otherwise occupied by an organization, whether incorporated or not, exclusively for use at all times solely for the recreational, fraternal, social, patriotic, political, benevolent or athletic purpose of the organization, but not for pecuniary gain, and at which alcoholic beverages are sold only incidentally in connection with such operations; provided that this term only applies to an organization (i) whose affairs and management are conducted by a board of directors, executive committee, or similar body chosen by its members at an annual meeting; (ii) whose activities are governed by established bylaws, a constitution, or other published articles; and (iii) which has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. PRIVATE FUNCTION. The rental of a ballroom, private club or other facility for the sole purpose of entertaining, private parties, events or other social functions that the general public is not able to attend. PUBLIC PLACE. Any enclosed area in which the public is invited or permitted, including, but not limited to, banks, educational facilities, health facilities, laundromats, public transportation facilities, reception areas, restaurants, bars, bingo parlors, marketing establishments, retail service establishments, retail stores, theaters, waiting rooms, bowling alleys and billiard halls. RETAIL SMOKE SHOP. A store that derives 90% or more of its gross annual sales from the sale of tobacco, cigarettes, smoking and electronic smoking devices, or related products and accessories and does not sell alcoholic beverages for onsite consumption. RETAILER. A person who sells goods or services to the general public. SELL. To offer for sale, convey, exchange, barter or trade. SERVICE LINE. Any line or area where persons wait for goods or services of any kind, regardless of whether or not an exchange of money will occur. Such service includes, but is not limited to, sales, giving of information, directions, advice and the transfer of money or goods. SMOKING. Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, tobacco product, electronic smoking device, weed, plant or other combustible substance whose smoke is intended 4 to be inhaled. TOBACCO PRODUCT. Any tobacco, cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption. TOBACCO VENDING MACHINE. Any mechanical, electric or electronic self-serving device which, upon insertion of money, tokens or any other form of payments, dispenses tobacco products. VALID PROOF OF IDENTIFICATION. A driver’s license or an identification card issued by Texas or another state, a passport or an identification card issued by a state or the federal government and that contains a physical description and a photograph consistent with the person’s appearance. VENDOR-ASSISTED SALE. A sale in which only the vendor has had access to a tobacco product and assists the customer by supplying the product to the customer when it is purchased. SMOKING PROHIBITED. (a) A person commits an offense if the person smokes in a public place. (b) A person commits an offense if the person smokes in an enclosed area in a building or facility owned, leased or operated by the city. (c) A person commits an offense if the person smokes in an enclosed area of a place of employment. (d) A person commits an offense if the person smokes within 20 feet from a primary entrance or openable window of an enclosed area in which smoking is prohibited. (e) Notwithstanding any other provision of this section, any owner, operator, manager or any other person who controls any establishment or facility may declare the entire establishment or facility as a nonsmoking establishment. EXCEPTIONS. (a) Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking prohibitions in Section ?. (1) Private residences, except when used as a child care, adult day care or health care facility; (2) A private or semi-private room in a nursing home or long term health care facility that is occupied by persons who smoke and have requested in writing to be placed in a room where smoking is permitted; (3) Hotel and motel rooms that comply with Section ?; (4) Retail smoke shops and cigar lounges in stand alone physical facilities or that operate an air ventilation system that prevents the migration of smoke into neighboring facilities; (5) Hotel and motel conference or meeting rooms and public facilities while being used for a private function. This exception shall not include restaurants or bars; (6) Private clubs, as defined in this chapter, as long as the facility is used or operated by the members and is not open to the general public; 5 (7) An outdoor dining area and/or patio, as long as the section of the outdoor dining area and/or patio where smoking is permitted, is more than 20 feet from a primary entrance or openable window of an enclosed area; and (8) Any facility which is primarily used for exhibiting any stage, drama, lecture, musical recital or other similar performance, when smoking is part of a stage production. (b) Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may designate the entire establishment as a nonsmoking establishment. DESIGNATION OF SMOKING ROOMS BY HOTEL AND MOTEL RESTRICTED. A hotel and motel may not designate more than 25% of its rooms that are rented for temporary overnight occupancy by the public as smoking rooms. OWNER/OPERATOR RESPONSIBILITIES. (a) The owner and/or operator of a public place shall conspicuously post a “No Smoking” sign, the international “No Smoking” symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) or other sign containing words or pictures that prohibit smoking: (1) In each public place and workplace where smoking is prohibited by this chapter; and (2) At each entrance to a public place or workplace. (b) The owner/operator of a public place shall conspicuously post signs in areas where smoking is permitted under Section ?. (c) The owner/operator of a public place and an employer shall remove any and all ashtrays or other smoking accessories from a place where smoking is prohibited. (d) An owner/operator commits an offense if he or she violates any provision of this section. (e) An owner/operator commits an offense if he or she knowingly allows a person to remain in a place under the owner/operator’s control while such person is smoking in violation of this chapter. This offense is punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. (f) It is not a defense to prosecution of any offense under this chapter that an owner/operator failed to post a sign required under this section. EMPLOYER RESPONSIBILITIES. (a) Except as provided in Section ?, an employer shall provide a smoke-free place of employment. (b) Employers shall designate all areas of the place of employment including, but not limited to, conference rooms, break rooms, rest rooms and dining areas as nonsmoking. (c) If an employer requires employees to work in an area described in Section ?, the employer shall make reasonable accommodations for an employee who requests an assignment to a smoke free area. (d) An employer shall notify each employee and applicant for employment in writing that: (1) Smoking in the place of employment is prohibited; or (2) Smoking is permitted in the place of employment because it is exempted from the prohibition of smoking under Section ?. (e) A person, employer, building manager, building owner or lessee commits an offense if he or she violates any provision of this section. 6 VOLUNTARY DESIGNATION OF A NON-SMOKING FACILITY. Nothing in this chapter shall prevent the owner/operator of an enclosed area or public place from designating the entire facility and/or area as non-smoking. RETALIATION PROHIBITED. A person commits an offense if the person discharges, refuses to hire or retaliates against a customer, employee or applicant for employment because the customer, employee or applicant for employment reports a violation of this chapter. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN EIGHTEEN YEARS OF AGE PROHIBITED; PROOF OF AGE REQUIRED. (a) A person commits an offense if the person with criminal negligence: (1) Sells, gives or causes to be sold or given a cigarette or tobacco product to someone who is younger than 18 years of age; or (2) Sells, gives or causes to be sold or given a cigarette or tobacco product to another person who intends to deliver it to someone who is younger than 18 years of age. (b) A retailer commits an offense if: (1) An agent or employee of the retailer commits an offense under subsection (a) above; or (2) The retailer, with criminal negligence, failed to prevent the offense through adequate supervision and training of the agent or employee. (c) It is a defense to prosecution under subsection (a)(1) above that the person to whom the cigarette or other tobacco product was sold or given presented an apparently valid proof of identification. (d) Proof of identification satisfies the requirements of subsection (c) above if it contains a physical description and photograph consistent with the person’s appearance, purports to establish that the person is 18 years of age or older and was issued by a governmental agency. The proof of identification may include a driver’s license issued by Texas or another state, a passport or an identification card issued by a state or the federal government. (e) An offense under this section is a misdemeanor punishable, upon conviction, by a fine of an amount not to exceed $2,000 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. VENDOR ASSISTED SALES REQUIRED. (a) Except as provided by subsection (b) below, a retailer or other person may not offer cigarettes or tobacco products for sale in a manner that permits a customer direct access to the cigarettes or tobacco products. (b) Subsection (a) above does not apply to: (1) A facility or business that is not open to persons younger than 18 years of age at any time; or (2) A retail tobacco stores as defined in this chapter. (c) A person commits an offense if the person violates subsection (a) above. VENDING MACHINES. (a) A person commits an offense if that person sells, offers for sale, allows the sale of, allows the offer for sale of or allows the display for sale of tobacco products by use of a vending 7 machine. (b) Exceptions. (1) It is an exception to subsection (a) above that a cigarette vending machine is located within an enclosed facility which does not admit any persons under the age of 18 years. The establishment shall post a sign at each entrance of the enclosed facility that persons under the age of 18 years are prohibited from the enclosed facility. ENCLOSED FACILITY means an area surrounded by a wall and which area may not be accessed except by doorway. (2) It shall also be an exception to subsection (a) above that a cigarette vending machine is located in a portion of a facility to which the general public or members of a private club do not have access. The establishment shall post a sign at the entrances to the area to which the general public or members of a private club are prohibited. SALE OF CIGARETTES OR TOBACCO PRODUCTS TO PERSONS YOUNGER THAN 27 YEARS OF AGE. (a) A retailer may not sell, give or cause to be sold or given a cigarette or tobacco product to someone who is younger than 27 years of age unless the person to whom the cigarette or tobacco product was sold or given presents an apparently valid proof of identification showing the person’s age to be 18 years of age or older. (b) A retailer shall adequately supervise and train the retailer’s agents and employees to prevent a violation of subsection (a) above. (c) Proof of identification described in Section ? satisfies the requirements of subsection (?) above. (d) A retailer commits an offense if the person violates this section. NOTIFICATION OF EMPLOYEES AND AGENTS. Each retailer shall notify each individual employed by the retailer who is to be engaged in retail sales of cigarettes or tobacco products that state law: (a) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 18 years of age as provided in Section ? and that a violation of this provision is a Class C misdemeanor; and (b) Prohibits the sale or distribution of cigarettes or tobacco products to any person who is younger than 27 years of age unless the person to whom the cigarette or tobacco product is sold or given presents an apparently valid proof of identification as provided by Section ?. DISTRIBUTION AND SALE OF CIGARETTES OR TOBACCO PRODUCTS. (a) A person commits an offense if he or she distributes to persons younger than 18 years of age: (1) A free sample of a cigarette or tobacco product; or (2) A coupon or other item that the recipient may use to receive a free or discounted cigarette or tobacco product or a sample cigarette or tobacco product. (b) A person commits an offense if the person sells cigarettes in quantities less than an individual package containing at least 20 cigarettes. (c) Retail smoke shops shall be prohibited within 300 feet of schools, universities and hospitals. 8 POSSESSION, PURCHASE, CONSUMPTION AND RECEIPT OF TOBACCO PRODUCTS BY MINORS PROHIBITED. (a) A person who is younger than 18 years of age commits an offense if that person: (1) Possesses, purchases, consumes or accepts receipt of a cigarette or tobacco product; or (2) Falsely represents himself or herself to be 18 years of age or older by displaying proof of age that is false, fraudulent or not actually his or her own for the purpose of possessing, purchasing, consuming or receiving a cigarette or tobacco product. (b) It is an exception to this section that the minor possessed, purchased, consumed or received the cigarette or tobacco product in the presence of the minor’s parent, guardian or spouse. (c) It is an exception to this section that the minor possessed or received the cigarette or tobacco product in the presence of the minor’s employer, if possession or receipt of the tobacco product is required in the performance of the employee’s duties as an employee. (d) It is exception to the application of this section that the individual younger than 18 years of age is participating in an inspection or test compliance of the ordinance. (e) In addition to assessing a fine, the court may require the minor to attend a smoking awareness course and the court may require the parent or guardian of the minor to attend the course with the minor. (f) If a smoking awareness course is not readily available, the court may require the minor to perform additional tobacco-related community service hours. ADVERTISEMENT OF CIGARETTES AND TOBACCO PRODUCTS. (a) A sign containing an advertisement for cigarettes or tobacco products may not be located closer than 1,000 feet to a school. (b) The measurement of the distance between the sign containing an advertisement for cigarettes or tobacco products is from the nearest property line of the school to a point on a street or highway closest to the sign, along street lines and in direct lines across intersections. (c) This section does not apply to a sign located on or in a facility owned or leased by a professional sports franchise or in a facility where professional sports events are held at least ten times during a 12- month period. (d) A SIGN in this section shall mean an outdoor medium, including a structure, display, light device, figure, painting, drawing, message, plaque, poster or billboard that is: (1) Used to advertise or inform; or (2) Visible from the main-traveled way of a street or highway. STRUCTURAL MODIFICATION. Nothing in this chapter shall require the owner, operator, manager or other persons in control of any building, facility, room, establishment to make any structural modifications to comply with the terms of this chapter. ENFORCEMENT. (a) The public health department shall be primarily responsible for the implementation and enforcement of this chapter. (b) A citizen may file a complaint with the public health department. (c) Any owner, manager, operator or employer of any establishment regulated by this chapter must inform persons violating this chapter of the appropriate provisions thereof. 9 (d) The public health department shall investigate complaints and may issue warnings and citations to persons violating this chapter. CULPABILITY. Except as otherwise provided in this chapter, there shall be no requirement of a culpable mental state for a violation of this chapter. OTHER APPLICABLE LAWS. This chapter shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable law. VIOLATION AND PENALTY. (a) Unless otherwise stated in this chapter, a person who violates the provisions of this chapter commits a Class C misdemeanor, punishable by a fine not to exceed $500. (b) Each day an offense occurs is a separate violation. PERMIT SUSPENSION OR REVOCATION; HEARING. (a) Upon notice and a hearing, the city manager may suspend or revoke a permit or license issued by the city to the operator of a public place or place of employment where a violation of this chapter occurs. (b) Prior to the revocation or suspension of a permit or license, the city manager or his or her designee shall set a hearing to determine if grounds exist to revoke or suspend a permit or license due to a violation of this chapter. (c) The city manager or his or her designee shall act as the hearings officer. (d) Written notice of the hearing shall be served on the petitioner/violator at least 15 business days prior to the hearing. Notice shall be served in person or by certified mail, return receipt requested. (e) Notice shall specify the date, time and place of the hearing. The petitioner/violator must request the hearing be rescheduled within five business days of receiving the written notice if the petitioner/violator cannot attend the hearing at the originally scheduled time. (f) For purposes of this section, the hearing officer shall be empowered to administer oaths and to promulgate procedural rules for the conduct of the hearing. (g) The hearing officer shall base the decision to revoke or suspend the permit or license on a preponderance of the evidence. The petitioner shall bear the burden of proof to show that the permit or license should not be revoked or suspended. (h) After the conclusion of the hearing, the hearing officer shall make written findings of fact and conclusions of law and shall issue a written decision without undue delay. (i) A hearing shall exhaust all administrative remedies of the petitioner/violator. Page 1 of 3 estlake Town Council TYPE OF ACTION Workshop - Discussion Item Westlake Town Council Meeting Monday, May 21, 2018 TOPIC: Presentation and discussion of the schedule, budget, signage and construction of a Westlake Fire-EMS Station No. 1 located at the Northwest Corner of Dove Road and Davis Boulevard (FM 1938). STAFF CONTACT: Troy J. Meyer, Facilities Director Richard Whitten, Fire Chief 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. People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Improve Technology, Facilities & Equipment Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: December 12, 2016 Completion Date: February 28, 2019 Funding Amount $11.9 M Status - Funded Source - Bond Issuance EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Historical project timeline: December 12, 2016 - Approved a contract for architectural services with Brown Reynolds Watford (BRW) for the design of the station Page 2 of 3 December 22, 2016 - Closing and funding of the $9.2M bonds January 6, 2017 - The RFQ for Fire–EMS Station No. 1 project was published in the December 3rd and 4th, 2016 January 23, 2017 - Staff recommended Core Construction as CM at Risk contractor for the Fire– EMS Station No. 1 February – March 2017 - To create the iconic look and to meet the high Westlake standards, the architect firm requested an additional $83,000 to cover subsequent drawings. These renderings included changes to the following items: roof elevations, exterior stonework, mall area, landscaping and stone retaining walls. The increase will be funded within the current budget of $11.9M, the town contingency of $288,000 and/or any cost saving from the project. April 3, 2017 - Council directed staff to proceed with the additional project scope and funding for the fire station to ensure the station has the iconic look desired and to stay true to Westlake standards. The project’s increased amount of $2.76M was funded by using $1.2M (one time money) from the sale of a 6-acre tract as well as a $1.5M 7-year note with the remaining $60K being provided by fund balance. October 2017 - Staff negotiated a guaranteed maximum price of $9,657,721 for the project including: The breakdown of the $11.9M project is as follows: Consulants/engineering $ 712,779 Construction (GMP) 9,657,721 Design 729,500 Owner FF&E 350,000 Owner Contingency 450,000 Total Project cost $11,900,000 November 9, 2017 - Groundbreaking Ceremony January 2019 - Estimated completion of construction February 2019 - Move In The project included three signs on the site plan. Those locations included: • Westlake Fire–EMS Department on the stone wall on the south east corner • Westlake Fire Department patch on the south side of the building • The Number 1 on the east side of the bay Page 3 of 3 RECOMMENDATION It is staff recommendation to remove the signage on the stone wall and create a stone monument sign at the public entrance on Dove Road. ATTACHMENTS None Development Snapshot April 2018 DENTON COUNTY TARRANT COUNTY CITY OF ROANOKE DENTON COUNTY TARRANT COUNTY CITY OF FORT WORTH TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN LIMIT TOWN OF TROPHY CLUB CITY OF SOUTHLAKE 170 114 377 377 170 114 5 2 3 4 MAP GUIDE 1. Retail Corner Sales Office, Starbucks, Tower 2. Terra Bella ResidenƟal Development 3. Carlyle Court ResidenƟal Development 4. Quail Hollow ResidenƟal Development 5. Granada ResidenƟal Development 6. Project Blizzard Mixed-Use Development 7. Schwab Corporate Campus Office Campus 8. Entrada Block E, I, & J ResidenƟal Townhomes 9. Fire/EMS StaƟon Government Facility 10. Restaurant Row Bldg A Restaurant April 2018 This map is for information purposes only. DEVELOPMENT ACTIVITIES MAP CITY OF SOUTHLAKE CITY OF KELLER LEGEND Subdivision Roads Collector/Arterial Roads Highways Future Traffic Signal Completed Building Site Plan Submitted Building Permit Submitted Building Permit Issued 114 170 6 7 1 9 8 10 Development Activities Status—April 2018 Project No. Project Name Land Use Number of Lots/Units Size Development Status Percent Complete* Estimated Completion 1 Entrada Retail Corner Retail / Office 4 ~52,000 s.f. Retail Corner and Sales Office building permit issued Sales office nearing completion 10% Summer 2019 2 Terra Bella Residential 28 54.7 acres 23/28 lots currently developed or under construction 71.43% N/A 3 Carlyle Court Residential 8 10.2 acres 5/8 lots under construction 37.50% N/A 4 Quail Hollow Residential 96 188 acres 2/96 lots under construction 1.04% N/A 5 Granada Phase I Residential 41 85 acres Phase I has 3741 lots currently developed or under construction 75.61% N/A Granada Phase II 43 Phase II has 15/43 lots under construction 17.44% Project Blizzard Mix-Use N/A 53 acres Civils plans approved for construction on Schwab Way N/A N/A 6 Schwab Campus Phase 1 Office 4 buildings 2,600 car garage 1,420,000 s.f. total 33 acres Under construction N/A Fall 2019 7 8 Entrada Block E, I & J Residential J: 6 units I: 12 units E: 9/14 units J: 3,226 sf ea I: 2,769 sf ea E: 4,500 sf ea Block J has 6/6 lots currently under construction Block I building permits under staff review Block E has 12/14 lots currently under construction 4.66% N/A 9 Fire/EMS Station Government Use N/A 5-acre site Under construction 10% Early 2019 10 Restaurant Row Bldg A Restaurant 1 ~15,000 s.f. Under construction 1% December 2018 * % Complete = (#of BP’s x 50%)/Total BP’s + (#CO’s x 50%)/Total CO’s ** Refer to Entrada Development Report for more info Residential Subdivision Buildout—April 2018 Subdivision Name Plat Date Total Lots Vacant Lots Size (Acres) Development Status Percent Complete Building Permits Issued Final Issued Aspen Lane/Shelby Estates 4/7/1981 8 0 132.6 Built-out 100% 8 8 Carlyle Court 3/7/2016 8 3 10.2 Under development 37.50% 5 1 Entrada 12/14/2015 322 292 85.9 Under development 4.66% 30 0 Glenwyck Farms 3/13/2000 84 0 104.3 Built-out 100.00% 84 84 Granada Phase I 6/17/2013 41 4 84.3 Under development 75.61% 37 25 Granada Phase II 12/12/2016 43 28 17.44% 15 0 Knolls at Solana - 56 56 62.5 Conceptual 0.00% 0 0 Mahotea Boone 12/9/1977 14 0 31.6 Built-out 100.00% 14 14 Paigebrooke 3/8/2004 6 2 20.3 Under development 66.67% 4 4 Quail Hollow 3/28/2016 96 94 188.3 Under development 1.04% 2 0 Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 86.17% 41 40 Terra Bella 11/11/2008 28 5 54.8 Under development 71.43% 23 17 Vaquero 3/27/2000 295 37 510 Mostly built-out 84.58% 258 241 Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 88.46% 11 12 Other/Miscellaneous - 21 2 - Mostly built-out 88.10% 19 18 1082 531 1362.7 46.90% 551 464 Block JBlock I Block I (Piedra Court)SP | Ord 847 | 2-26-18 Gas Well Pad Site SP | Ord 778 | 3-28-16 Plaza Mayor Block P Block M Block C Block H Block G Block F Block L Block A Block O Block D Primrose CVS Block N Amphitheater SP | Ord 777 | 03-28-16 Restaurant Row SP | Ord 779 | 3-28-16 Block B Block J (Catalonia Court) SP | Ord 783 | 4-25-16 RP | Ord 791 | 8-22-16 Block E (Comillas Court) SP | Ord 837 | 9-11-17 RP | Res 18-10 | 2-26-18 CVS SP | Ord 762 | 12-14-15 FP | Ord 761 | 12-14-15 Primrose SP | Ord 763 | 12-14-15 FP | Ord 761 | 12-14-15 Retail Corner SP | Ord 771 | 2-22-16 RP | Ord 809 | 12-12-16 Town Hall RP | Ord 810 | 12-12-16 Plaza MayBlock DyyChapel / Reception Hall Block K Phase 2 DP | Ord 830 | 06-19-17 Block E BUILDING LEGEND Site Plan Under Review Site Plan Approved Building Permit Under Review Building Under Construction Building Completed Case NumberTypeLocationDescriptionCurrent StatusResolution StatusPSE-05-09-18Preliminiary Site EvaluationSouth of Solana Blvd. West of Sam School Rd.Preliminary Site Evluation for Knolls at SolanaUnder staff review Application under reviewSP-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 review Application under reviewSP-12-29-17Site PlanEntrada Block KEntrada Plaza MayorScheduled for May TCPublic Hearings scheduledSUP-03-20-18Specific Use Permit Entrada Block KEntrada Plaza Mayor; CondominiumScheduled for May 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 May P&Z and TC Public Hearings scheduledActive Planning and Zoning Case Log - April 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 b. 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 c. 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: 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 Town Council Item # 5 – Executive Session Town Council Item # 5 – Reconvene Council Meeting COUNCIL RECAP / STAFF DIRECTION Town Council Item # 6 – Council Recap / Staff Direction Town Council Item # 7 – Adjournment Work Session ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports on Items of Community Interest pursuant to Texas Government Code Section 551.0415 the Town Council may report on the following items: (1) expression of thanks, congratulations or condolences; (2) information about holiday schedules; (3) recognition of individuals; (4) reminders about upcoming Town Council events; (5) information about community events; and (6) announcements involving imminent threat to public health and safety. 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 (Confirmed date) Tuesday, May 22, 2018; 8:30 am-9:30 am WA Campus, Plaza site- located along north drive; parking next to Secondary Building, behind the Gym -You’re invited to join us as we celebrate the grand opening and ribbon cutting of the new Math & Science Outdoor Learning Plaza; Much appreciation to our WAF donors for their generosity and continued support by providing this unique learning environment for our students! WA Annual PYP Student (Grade 5) Exhibition Wednesday, May 23, 2018; Exhibition is 9:00- 10:45 am and Presentations are 12:45 – 2:30 pm WA Campus – Main Entrance/PYP Commons, MPH, Library, & G5 Classrooms in afternoon -Westlake residents and business representatives are welcome to join us as we celebrate the WA class of 2025 (our Grade 5 students) as they culminate their journey in the IB Primary Years Programme (PYP) with this annual exhibition. Remember - all visitors must please sign in at the main administration office/primary years entrance. 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 as always, enjoy free hot dogs, ice cream, and cobblers prepared by local Boy Scout Troop, with special guest speaker and music. Questions? Contact Ginger Awtry. 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; 6:30 – 9:00 pm The Bowden, 1775 Keller Parkway, Keller, 76248 -RSVP requested; Contact Ginger Awtry for assistance WA Annual End of School Year Picnic; Sponsored by the Town of Westlake Friday, June 1, 2018; Estimated time: 11:00 am to noon WA Campus – Gym (and adjacent vicinity) 2018 Westlake Academy Commencement Ceremony Saturday, June 2, 2018; 2:00 pm Hurst Conference Center; 1601 Campus Drive, Hurst, 76054 -Questions? Contact Ginger Awtry Coffee & Conversation with the Mayor/Board President Monday, June 4, 2018; 8:00 – 9:30 am Marriott Solana Hotel – Great Room Town Council Item # 2 – Items of Community Interest 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 Westlake Historical Preservation Society (WHPS) Board Meeting Tuesday, June 5, 2018; 6:30 pm* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7200, Council Chambers Public Art Competition Advisory Committee Meeting Monday, June 18, 2018; 11:00 – 1:00 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 Please note: No Coffee & Conversation, Board of Trustees, Planning & Zoning, or Town Council meetings in July *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. FYI…Other Westlake Academy End of Year Events and Activities in May & June: • WA High School Athletic Banquet Friday, May 18, 2018; 6:00 – 9:00 pm White’s Chapel United Methodist Church • WA Spring Concert (Grades 6 and 7) Monday, May 21, 2018; 6:00 pm WA Multi-Purpose Hall (MPH) • WA Math & Science Outdoor Learning Plaza Ribbon Cutting (See earlier page for more details) Tuesday, May 22; 8:30 am (See earlier page for details) • MYP Awards Ceremony Tuesday, May 22, 2018; 1:00 – 3:00 pm WA Campus – Gym • WA National Jr. Honor Society and National Honor Society Induction Ceremonies Tuesday, May 22, 2018; NJHS: 6:00 – 7:30 pm and NHS: 7:30 – 8:00 pm WA Campus- MPH • WA Annual PYP (Grade 5) Exhibition (See earlier page for more details) Wednesday, May 23, 2018; Exhibition is 9:00- 10:45 am and Presentations are 12:45 – 2:30 pm • WA DP Awards Ceremony, Senior Bricks/Pavers Installation, and Senior Baccalaureate Service Thursday, May 24, 2018; Awards Ceremony begins at 9:00 am, followed by Bricks/Pavers at 11:00, and if desired, Baccalaureate Service around 12:30 pm (times are estimated following the award ceremony) WA Campus – Gym • 2018 WA Grade 5 Graduation Wednesday, May 30, 2018; 8:00 – 10:30 am WA Campus - MPH • 2018 WA Senior Banquet (See earlier page for more details) Thursday, May 31, 2018; 6:30 – 9:00 pm • WA Annual End of School Year Picnic; Sponsored by the Town of Westlake Friday, June 1, 2018; Estimated time - 11:00 am to noon • 2018 Westlake Academy Commencement Ceremony (See earlier page for more details) Saturday, June 2, 2018; 2:00 pm CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 3 – Citizen Comments CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on April 30, 2018. b. Consider approval of Resolution 18-19, Adopting a Criminal Justice Information Systems (CJIS) policy. c. Consider approval of Resolution 18-20, Appointing three (3) members to the Westlake Academy Foundation board. d. Consider approval of Resolution 18-21, Appointing a member to the Planning and Zoning Commission. Town Council Item # 4 – Consent Agenda Town Council Minutes 04/30/18 Page 1 of 10 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING April 30, 2018 PRESENT: Mayor Laura Wheat and Council Members Michael Barrett, Alesa Belvedere, Carol Langdon, Rick Rennhack and Wayne Stoltenberg. ABSENT: OTHERS PRESENT: Town Manager Tom Brymer, Assistant Town Manager Amanda DeGan, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Fire Chief John Ard, Director of Planning & Development Ron Ruthven, Director of Public Works Jarrod Greenwood, Development Coordinator Nick Ford, Director of Facilities & Parks Troy Meyer, Director of Communications Ginger Awtry, Communications Manager Jon Sasser, Director of Information Technology Jason Power, Director of Human Resources and Administrative Services Todd Wood, and Management Intern Kirk McDaniel. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:10 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 04/30/18 Page 2 of 10 3. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. No additional discussion. 4. REPORTS 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. Ms. Sally Aldridge provided a presentation and overview of the Chamber’s 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. Mr. Robin McCaffrey and Mr. Russell Tether provided a presentation and overview of the board’s work related to the competition process. Discussion ensued regarding the link to the RFQ from the Town’s website, artist presentation to Council, timing of the process, art not meeting the criteria, and the public input. 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. Director Greenwood and Mr. Tom Lawrence, Lawrence Financial, provided a presentation and overview of the item. Discussion ensued regarding the bond issuance and the reimbursement resolution. Town Council Minutes 04/30/18 Page 3 of 10 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. Director Ruthven provided an overview of the following items: Charles Schwab: Significant progress on Phase I, expect a submittal for Phase II in the near future. Entrada: Blocks J & E residential homes are in framing, Block I repositioning utilities, restaurant row retaining wall, street signage, and lighting Quail Hollow: Completion of streets and residential construction Fire Station: Vertical construction. Providing a summary building activity in Vaquero. 6. EXECUTIVE SESSION Council convened into executive session at 6:06 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - 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 Town Council Minutes 04/30/18 Page 4 of 10 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 Mayor Wheat reconvened the meeting at 6:58 p.m. 8. COUNCIL RECAP / STAFF DIRECTION No additional direction 9. ADJOURNMENT Mayor Wheat adjourned the work session at 6:59 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 6:59 p.m., with Council Member Rennhack absent. 2. COMMUNITY BEAM SIGNING OPPORTUNITY FOR THE NEW FIRE-EMS STATION NO. 1. Mayor Wheat welcomed all to proceed outside to sign the beam. 3. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events including the Teacher of the Year reception and National Day of Prayer. 4. CITIZEN COMMENTS Neil McNabnay, 1815 Broken Bend Drive, asked for a review of Ordinance 846 regarding building height. Town Council Minutes 04/30/18 Page 5 of 10 5. CONSENT 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. MOTION: Council Member Stoltenberg made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 6. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 18-17, 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. Direction Ruthven provided an overview of the item. Discussion ensued regarding the deed restrictions. Attorney Lowry stated the Council is compelled to approve the plat pursuant to Chapter 212 of the Local Government Code and that they are not amending the deed restrictions. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve to approve the replat, Resolution 18-17, as it complies with the Town’s subdivision requirements, but, the approval does not attempt to amend or remove any restrictive covenants. Council Member Stoltenberg seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 04/30/18 Page 6 of 10 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. Direction Ruthven provided an overview of the item. Attorney Lowry stated the replat complies with the Town’s subdivision requirements. Mayor Wheat opened the public hearing. Neil McNabnay, 1815 Broken Bend Drive, spoke regarding the purchase of lots on the Knoll ridge from Wilbow. Mayor Wheat closed the public hearing. MOTION: Council Member Stoltenberg made a motion to approve Resolution 18-18. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. 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. Direction Ruthven provided an overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Belvedere made a motion to approve Ordinance 852. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 04/30/18 Page 7 of 10 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. Coordinator Ford provided an overview of the item. Discussion ensued regarding maximum occupancy, hotel conference/event space, and that the chapel is non-denominational. Mike Beaty, Centurion America, spoke regarding the occupancy of the reception hall. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Langdon made a motion to approve Ordinance 853 to include the elevations as an exhibit and staff recommendations. Council Member Barrett seconded the motion. The motion carried by a vote of 4-0. Mayor stated that due to a typo on the agenda regarding item 11, it would not acted upon, and the applicant requested they would like Council to open and postpone the public hearing and action for item 10 on the agenda. Mayor Wheat also stated that item 12 of the agenda, which was not heard by the Planning and Zoning Commission, would not be acted upon and postponed until the May meeting. Mayor Wheat opened the public hearings for items 10, 11 and 12 of the agenda. Neil McNabney, 1815 Broken Bend Drive, spoke in opposition of item 11. MOTION: Council Member Langdon made a motion to continue the Public Hearing for items 10, 11, and 12 of the agenda to May 21, 2018, meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0 Town Council Minutes 04/30/18 Page 8 of 10 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- 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 Council convened into executive session at 7:37 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Charles Schwab - Project Pegasus - BRE Solana Town Council Minutes 04/30/18 Page 9 of 10 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. 14. RECONVENE MEETING Mayor Wheat reconvened the meeting at 8:16 p.m. 15. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. 16. FUTURE AGENDA ITEMS Mayor Wheat a. Discuss the education of our community on the enforceability of Town ordinances within gated neighborhoods. Council Member Stoltenberg seconded this request to discuss item a during a future work session. b. Discussion regarding the permissible use and operation of golf carts. Council Member Barrett seconded this request to discuss item b during a future work session. Town Council Minutes 04/30/18 Page 10 of 10 17. 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 8:17 p.m. APPROVED BY THE TOWN COUNCIL ON MAY 21, 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, May 21, 2018 TOPIC: Consider a resolution approving the Town of Westlake Criminal Justice Information System (CJIS) Policy to establish policies for the proper access, dissemination, and destruction of Criminal History Record Information. STAFF CONTACT: Todd Wood, Director of HR & Administrative Services Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Transparent / Integrity- driven Government People, Facilities, & Technology Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Maximize Efficiencies & Effectiveness Strategic Initiative Strategy is Defined, Implemented and Reviewed Routinely Time Line - Start Date: May 21, 2018 Completion Date: N/A Funding Amount: N/A Status - Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The essential premise of the CJIS Security Policy is to provide appropriate controls to protect the full lifecycle of Criminal Justice Information (CJI), whether at rest or in transit. The CJIS Security Policy provides guidance for the creation, viewing, modification, transmission, dissemination, storage, and destruction of CJI data. This policy formally adopts the standards required by Texas Department of Public Safety to entities with access to or who operate in support of, criminal justice services and information. Page 2 of 2 RECOMMENDATION Staff recommends approval of the proposed Resolution. ATTACHMENTS Resolution and Exhibit “A”, Town of Westlake CJIS Policy Resolution 18-20 Page 1 of 7 TOWN OF WESTLAKE RESOLUTION NO. 18-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING A CRIMINAL JUSTICE INFORMATION SYSTEMS POLICY. WHEREAS, the Town of Westlake is authorized to request and receive criminal history information from the Texas Department of Public Safety and the Federal Bureau of Investigation for the purpose of evaluating the fitness of prospective employees, contract employees, and volunteers; and WHEREAS, the Town of Westlake, Texas utilizes Criminal Justice Information subject to CJIS regulations and guidelines; and WHEREAS, all authorized entities are required to develop, disseminate, and maintain formal, documented procedures to facilitate the implementation of the CJIS Security Policy; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council does hereby approve the Criminal Justice Information Systems Policy, 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 18-20 Page 2 of 7 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 21st DAY OF MAY 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 18-20 Page 3 of 7 Exhibit “A” Town of Westlake Criminal History Record Information (CJIS) Proper Access, Use and Dissemination Procedures Purpose The intent of the following policies is to ensure the protection of the Criminal Justice Information (CJI) and its subset of Criminal History Record Information (CHRI) until such time as the information is purged or destroyed in accordance with applicable record retention rules. The following policies were developed using the FBI’s Criminal Justice Information Services (CJIS) Security Policy. The Town of Westlake may complement this policy with a local policy; however, the CJIS Security Policy shall always be the minimum standard. The local policy may augment, or increase the standards, but shall not detract from the CJIS Security Policy standards. Scope The scope of this policy applies to any electronic or physical media containing FBI CJI while being stored, accessed or physically moved from a secure location from the Town of Westlake. In addition, this policy applies to any authorized person who accesses, stores, and/or transports electronic or physical media. Criminal Justice Information (CJI) and Criminal History Record Information (CHRI) CJI is the term used to refer to all of the FBI CJIS provided data necessary for law enforcement and civil agencies to perform their missions including, but not limited to biometric, identity history, biographic, property, and case/incident history data. CHRI, is a subset of CJI and for the purposes of this document is considered interchangeable. Due to its comparatively sensitive nature, additional controls are required for the access, use and dissemination of CHRI. In addition to the dissemination restrictions outlined below, Title 28, Part 20, Code of Federal Regulations (CFR), defines CHRI and provides the regulatory guidance for dissemination of CHRI. Proper Access, Use, and Dissemination of CHRI Information obtained from the Interstate Identification Index (III) is considered CHRI. Rules governing the access, use, and dissemination of CHRI are found in Title 28, Part 20, CFR. The III shall be accessed only for an authorized purpose. Further, CHRI shall only be used for an authorized purpose consistent with the purpose for which III was accessed. Dissemination to another agency is authorized if (a) the other agency is an Authorized Recipient of such information and is being serviced by the accessing agency, or (b) the other agency is performing noncriminal justice administrative functions on behalf of the authorized recipient and the Resolution 18-20 Page 4 of 7 outsourcing of said functions has been approved by appropriate CJIS Systems Agency (CSA) or State Identification Bureau (SIB) officials with applicable agreements in place. Personnel Security Screening Access to CJI and/or CHRI is restricted to authorized personnel. Authorized personnel is defined as an individual, or group of individuals, who have been appropriately vetted through a national fingerprint-based record check and have been granted access to CJI data. Agencies located within states having passed legislation authorizing or requiring civil fingerprint-based background checks for personnel with access to CHRI for the purposes of licensing or employment shall submit fingerprint-based record check within 30 days of employment or assignment on all personnel with who have direct access to CJI, those who have direct responsibility to configure and maintain computer systems and networks with direct access to CJI, and any persons with access to physically secure locations or controlled areas containing CJI. Agencies located within states without this authorization or requirement are exempted from the fingerprint-based background check requirement until such time as appropriate legislation has been written into law. Security Awareness Training Basic security awareness training shall be required within six months of initial assignment, and biennially thereafter, for all personnel who have access to CJI. Physical Security A physically secure location is a facility or an area, a room, or a group of rooms within a facility with both the physical and personnel security controls sufficient to protect the FBI CJI and associated information systems. The perimeter of the physically secure location shall be prominently posted and separated from non-secure locations by physical controls. Only authorized personnel will have access to physically secure non-public locations. The Town of Westlake will maintain and keep current a list of authorized personnel. All physical access points into the agency’s secure areas will be authorized before granting access. The agency will implement access controls and monitoring of physically secure areas for protecting all transmission and display mediums of CJI. Authorized personnel will take necessary steps to prevent and protect the agency from physical, logical and electronic breaches. Media Protection Controls shall be in place to protect electronic and physical media containing CJI while at rest, stored, or actively being accessed. “Electronic media” includes memory devices in laptops and computers (hard drives) and any removable, transportable digital memory media, such as magnetic tape or disk, backup medium, optical disk, flash drives, external hard drives, or digital memory card. “Physical media” includes printed documents and imagery that contain CJI. Resolution 18-20 Page 5 of 7 The agency shall securely store electronic and physical media within physically secure locations or controlled areas. The agency shall restrict access to electronic and physical media to authorized individuals. If physical and personnel restrictions are not feasible then the data shall be encrypted per Section 5.10.1.2. Media Transport Controls shall be in place to protect electronic and physical media containing CJI while in transport (physically moved from one location to another) to prevent inadvertent or inappropriate disclosure and use. The agency shall protect and control electronic and physical media during transport outside of controlled areas and restrict the activities associated with transport of such media to authorized personnel. Media Sanitization and Disposal When no longer usable, hard drives, diskettes, tape cartridges, CDs, ribbons, hard copies, print- outs, and other similar items used to process, store and/or transmit FBI CJI shall be properly disposed of in accordance with measures established by the Town of Westlake. Physical media (print-outs and other physical media) shall be disposed of by one of the following methods: 1) shredding using Town of Westlake issued shredders. Electronic media (hard-drives, tape cartridge, CDs, printer ribbons, flash drives, printer and copier Hard-drives, etc.) shall be disposed of by one of the following methods: 1) Overwriting (at least 3 times) - an effective method of clearing data from magnetic media. As the name implies, overwriting uses a program to write (1s, 0s, or a combination of both) onto the location of the media where the file to be sanitized is located. 2) Degaussing - a method to magnetically erase data from magnetic media. Two types of degaussing exist: strong magnets and electric degausses. Note that common magnets (e.g., those used to hang a picture on a wall) are fairly weak and cannot effectively degauss magnetic media. 3) Destruction – a method of destroying magnetic media. As the name implies, destruction of magnetic media is to physically dismantle by methods of crushing, disassembling, etc., ensuring that the platters have been physically destroyed so that no data can be pulled. IT systems that have been used to process, store, or transmit FBI CJI and/or sensitive and classified information shall not be released from the Town of Westlake’s control until the equipment has been sanitized and all stored information has been cleared using one of the above methods. Resolution 18-20 Page 6 of 7 Account Management The agency shall manage information system accounts, including establishing, activating, modifying, reviewing, disabling, and removing accounts. The agency shall validate information system accounts at least annually and shall document the validation process. All accounts shall be reviewed at least annually by the designated CJIS point of contact (POC) or his/her designee to ensure that access and account privileges commensurate with job functions, need-to-know, and employment status on systems that contain Criminal Justice Information. The POC may also conduct periodic reviews. Remote Access The Town of Westlake shall authorize, monitor, and control all methods of remote access to the information systems that can access, process, transmit, and/or store FBI CJI. Remote access is any temporary access to an agency’s information system by a user (or an information system) communicating temporarily through an external, non-agency controlled network (e.g., the Internet). The Town of Westlake shall employ automated mechanisms to facilitate the monitoring and control of remote access methods. The Town of Westlake shall control all remote accesses through managed access control points. The Town of Westlake may permit remote access for privileged functions only for compelling operational needs but shall document the rationale for such access in the security plan for the information system. Utilizing publicly accessible computers to access, process, store or transmit CJI is prohibited. Publicly accessible computers include but are not limited to: hotel business center computers, convention center computers, public library computers, public kiosk computers, etc. Personally Owned Information Systems A personally owned information system shall not be authorized to access, process, store or transmit CJI unless the agency has established and documented the specific terms and conditions for personally owned information system usage. A personal device includes any portable technology like camera, USB flash drives, USB thumb drives, DVDs, CDs, air cards and mobile wireless devices such as Androids, Blackberry OS, Apple iOS, Windows Mobile, Symbian, tablets, laptops or any personal desktop computer. When bring your own devices (BYOD) are authorized, they shall be controlled using the requirements in Section 5.13 of the CJIS Security Policy. Reporting Information Security Events The agency shall promptly report incident information to appropriate authorities to include the state CSA or SIB’s Information Security Officer (ISO). Information security events and weaknesses associated with information systems shall be communicated in a manner allowing timely corrective action to be taken. Formal event reporting and escalation procedures shall be Resolution 18-20 Page 7 of 7 in place. Wherever feasible, the agency shall employ automated mechanisms to assist in the reporting of security incidents. All employees, contractors and third party users shall be made aware of the procedures for reporting the different types of event and weakness that might have an impact on the security of agency assets and are required to report any information security events and weaknesses as quickly as possible to the designated point of contact. Policy Violation/Misuse Notification Violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any authorized personnel will result in suitable disciplinary action, up to and including loss of access privileges, civil and criminal prosecution and/or termination. Likewise, violation of any of the requirements contained in the CJIS Security Policy or Title 28, Part 20, CFR, by any visitor can result in similar disciplinary action against the sponsoring employee, and can also result in termination of services with any associated consulting organization or prosecution in the case of criminal activity. estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, May 21, 2018 TOPIC: Consider approval of a Resolution appointing three (3) members to the Westlake Academy Foundation board. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Education - Westlake is an international educational leader where each individual's potential is maximized. Increase CSS Satisfaction Strategic Initiative Comprehensive Plan Project Review Time Line - Start Date: May 8, 2018 Completion Date: May 21, 2018 Funding Amount: N/A Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town received an application from the Foundation requesting approval of Michael Colby, Leigh Sansone and Ahu Sieg to be appointed to the board. Current view of the board members: Westlake Academy Foundation (7 to 15 members Res 14-27 3-yr stag terms) Member New Term Expires Wendy Greenwood June-18 Laura Luckett June-18 Leah Rennhack June-18 Andy Sedino June-18 Deanna Titzler June-18 Kevin Hansen June-19 Deborah Kraska June-19 Vacant – A. Sieg June-19 Adam Smith June-19 Karen Stoltenberg June-19 Vacant – M. Colby June-20 Zan Jones June-20 Christine Ross June-20 Vacant – L. Sansone June-20 Sean Shope June-20 RECOMMENDATION The Foundation recommends approval of this resolution to appoint three (3) new members to its Board of Directors. ATTACHMENTS Applications Resolution This application and its contents is a Public Record Economic Development Corporation Historical Preservation Society Planning and Zoning Commission Texas Student Housing Authority Tree City USA Advisory Committee Public Art Society of Westlake Westlake Academy Foundation Board Other: ____________________________ Applicant's Name: Address: City, State, Zip: How Long Have You Lived At This Address? Email Address: Home Phone # :Fax # : Work Phone # :Cell # : Occupation, Experience/Degrees held: Why do you want to serve on this committee? Do you have any political conflicts of interest? Do you have any related experience? What do you feel you have to offer this committee? Signature of Applicant: Dated: Received By:Date: Applicant Information Office Use Only Application for Appointment 04/2010 APPLICATION FOR APPOINTMENT Town of Westlake * 3 Village Circle, Suite 202 * Westlake Tx 76262 Tel: (817) 430-0941 * Fax (817) 430-1812 Position Sought (please indicate 1st, 2nd and 3rd choice): www.westlake-tx.org Email: townhall@westlake-tx.org Resolution 18-20 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-20 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING ONE MEMBER TO THE WESTLAKE ACADEMY FOUNDATION BOARD. WHEREAS, Currently, vacancies exist on the Westlake Academy Foundation board; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individuals to serve as members of the Westlake Academy Foundation board for the term noted below: Michael Colby – expiring June 2020 Leigh Sansone – expiring June 2020 Ahu Sieg – expiring June 2019 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 18-20 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 21st DAY OF MAY 2018. ___________________________________ Laura Wheat, Mayor ATTEST: ____________________________________ __________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________________ L. Stanton Lowry, Town Attorney estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, May 21, 2018 TOPIC: Consider approval of a Resolution Appointing a new member to the Planning and Zoning Commission. STAFF CONTACT: Kelly Edwards, Town Secretary Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Informed & Engaged Citizens / Sense of Community Citizen, Student & Stakeholder Exemplary Service & Governance - We set the standard by delivering unparalleled municipal and educational services at the lowest cost. Encourage Westlake's Unique Sense of Place Strategic Initiative Outside the Scope of Identified Strategic Initiatives Time Line - Start Date: May 14, 2018 Completion Date: May 21, 2018 Funding Amount: 0.00 Status - Not Funded Source - N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) We received an application from Planning and Zoning Commission requesting approval of Brad Swearingen to be appointed to the board. RECOMMENDATION Approve this resolution to appoint a new member. ATTACHMENTS Application and Resolution Resolution 18-21 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 18-21 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION. WHEREAS, Currently, a vacancy exist on the Planning and Zoning Commission; and WHEREAS, the Town Council has received an application for consideration of appointment; and WHEREAS, the meeting at which this Resolution was considered was open to the public as required by law, and public notice of the time, place, and subject of the meeting has been given in accordance with Chapter 551, Government Code; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake does hereby appoint the following individual to serve as a member of the Planning and Zoning Commission for the term noted below: Brad Swearingen - term expiring June 2019 (Alternate Member) 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 18-21 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 21st DAY OF MAY 2018. ___________________________________ Laura Wheat, Mayor ATTEST: ________________________________ ________________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: _________________________________ L. Stanton Lowry, Town Attorney Page 1 of 20 ESTLAKE TOWN COUNCIL TYPE OF ACTION Regular Meeting - Action Item Monday, May 21, 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: May 21, 2018 Completion Date: May 21, 2018 Funding Amount: N/A Status - N/A Source - N/A Page 2 of 20 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. 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 SUMMARY AND RECOMMENDATIONS Staff recommends approval of this site plan subject to the following conditions: 1. Each hotel pad 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 at a minimum, the greatest of 20% or 10,000 square feet of 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. 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. Page 18 of 20 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. 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. Page 19 of 20 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 Mayor. 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 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 Ordinance 854 Page 2 of 6 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. 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. Ordinance 854 Page 3 of 6 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. 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. Ordinance 854 Page 4 of 6 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 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. Ordinance 854 Page 5 of 6 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 21ST DAY OF MAY 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, May 21, 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: May 21, 2018 Completion Date: May 21, 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 at a minimum, the greatest of 20% or 10,000 square feet of 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 21ST DAY OF MAY 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, May 21, 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 UPDATE – PUBLIC HEARING CONTINUED On April 30, 2018 the Town Council voted to continue the public hearing to the May 21, 2018 Council meeting pending final action by the Planning and Zoning Commission. The Commission voted on the request on May 14, 2018 as summarized below clearing the request to move forward for Town Council consideration. Attached is a letter received from the applicant on May 15, 2018. The letter provides responses to points raised in the staff recommendation below as well as to issues raised by the residents in the adjacent development located to the south in the city of Keller. 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, guardhouse 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 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: 1,000 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: 3,000 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: 1,000 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: 3,000 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: 1,000 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: 3,000 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: 1,000 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: 3,000 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: 1,000 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: 3,000 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: 1,000 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: 3,000 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 25-foot minimum setback from Aspen Lane. • Promenade/Estate Homes shall be setback a minimum of 150 feet from Pearson Lane. • All homes shall be setback a minimum of 40 feet from the southern boundary line of the development. 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: See final staff recommendation below. • 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. 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 Preserve” Private open space would include an “amenity center”, a guardhouse, 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 issuance of the 27th new home permit. 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 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.” 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 gatehouse 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 gatehouse 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 27th 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 gatehouse, including the property upon which the gatehouse 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 no connection to the Vaquero golf club is proposed, staff recommends that a private access easement be dedicated in the development as part of the final plat such that a future golf cart path connection may be constructed within said easement at a future date should a common agreement allowing access to the golf course be executed. 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. • A private access easement, a minimum of ten (10) feet in width, connecting the development to the adjacent Vaquero Club golf course, shall be dedicated in the development as part of the final plat such that a future golf cart path connection may be constructed within said easement at a future date should a common agreement allowing access to the golf course be executed. The HOA shall be responsible for maintenance and any future improvements within said easement. 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 “decorative iron fence with masonry columns”. 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. 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. • The portion of the fence located along the southern boundary of the development shall be fully screened by vegetation that restores the natural mosaic. • 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 homebuilder 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 view shed, 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 appears to be 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. However, extreme details of execution are necessary in order to ensure compliance with these provisions. 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. In compliance with the Code of Ordinances and State statutes, only property owners within the Town of Westlake were individually notified. However, 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, provided directly from the applicant, from thirty (30) persons in favor of the request. Staff has also received correspondence from 19 persons opposed to the request that reside in the city of Keller. All correspondence received to date is attached. PLANNING AND ZONING COMMISSION On May 14, 2018 the Planning and Zoning Commission voted (3-1) to recommend denial of the request without prejudice. SUMMARY AND RECOMMENDATION 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. However, as originally listed in the May 14, 2018 agenda memo provided to the Planning and Zoning Commission, there are critical, details related to development execution, including: • Lack of any agreement or statement of guarantee from the Vaquero Club related to direct golf course access through the development, which is key to ensuring the viability of the proposed development density whereby homes are clustered and surrounded by useable and readily accessible open space (i.e. the golf course); • Tree preservation waiver requests and lack of detail concerning proposed landscaping for the development, which is a key development component and essential to Comprehensive Plan adherence; • Lack of detail concerning specific architectural design guidelines for homes to be constructed in the development. While the recently approved PD6 development allows the developer to provide specific architectural design guidelines as part of the development agreement, the extraordinary and uncharacteristic density request of this development given its location in a pastoral community district necessitates more detail from the developer prior to PD approval whereby significant compliance with the Building Quality is demonstrated and documented; • Lack of detail concerning public park amenities and access; and street and hardscape design details, which is another essential component of the development as shown in the attached exhibits. The attached letter provided by the applicant dated May 15, 2018 seeks to address the issues noted above by providing further clarification of how the applicant intends to execute the development in concert with the Comprehensive Plan. That said, the staff recommendation remains denial without prejudice consistent with the recommendation provided to the Planning and Zoning Commission given the unprecedented proposed gross development density for this Comprehensive Plan land use district. Notwithstanding staff’s recommendation, the component, sectional staff recommendations contained in this briefing and provisions contained in the attached draft PD ordinance provide for a path forward such that an adequate regulatory framework is available and enabled that ensures at the least a minimum level of development integrity to the Comprehensive Plan recommendations should the Council wish to approve the request. ATTACHMENTS 1. Existing Location Map 2. Developer Submittal: Development Applications and Letters dated May 15, 2018 and April 14, 2018 respectively 3. Developer Submittal: Exhibits and Development Proposal 4. Staff Exhibit: Current Zoning Map 5. Staff Exhibit: Comprehensive Plan Land Use Plan 6. Staff Exhibit: Correspondence Received 7. Proposed PD7 Ordinance 856 City of Keller Town of Westlake Subject Property Aspen Lane Pearson Lane May 15, 2018 Ron Ruthven Director of Planning and Development Town of Westlake 1500 Solana Blvd., Bldg. 7, #7200 Westlake, TX 76262 Re: Oakmont Hills, City of Keller Ron, Please be advised that the Waterside Land, Co “the applicant” has met with a Home Owner’s Association subcommittee and various neighbors of the Oakmont Hills neighborhood located in Keller Texas. As you know, Oakmont Hills shares a common border with Spencer Ranch’s southern border. In a meeting on May 12, 2018, Spencer Ranch and Oakmont Hills subcommittee of board members and various neighbors reached the following agreement; 1. Fencing for the southern border of Spencer Ranch and adjacent to the City of Keller; a. Spencer Ranch and Oakmont Hills HOA agree to work together to develop a high-quality fence and landscape border between the two properties and with individual homeowners b. Spencer Ranch will commit to build and install “decorative iron fencing with masonry columns” for the approximately 1,000 linear feet of along the Keller property line. 2. Housing setbacks for new home construction; for houses that abut the southern border of Spencer Ranch and are immediately adjacent to the City of Keller; a. Spencer Ranch is modifying the rear yard setback from 20’ to 40’ from the property line, no houses (main building) may be built closer than 40’ to the developments southern property line, notwithstanding outbuildings that do not exceed one story in height. 3. Waterside has committed to work with each Oakmont Hills homeowner that has property adjacent to Spencer Ranch’s southern border to achieve a high-quality boundary that respects views and privacy with the placement of trees and shrubs and other landscaping. 4. Waterside has agreed to provide access to the various project foreman (developer and builder) so the Oakmont Hills homeowners that abut Spencer Ranch’s southern border have open communication throughout the project development and home construction. Waterside has agreed to specify working hours for new home construction; for houses that abut the southern border of Spencer Ranch and adjacent to the City of Keller; a. Weekday hours are limited to 8am to 6pm (M-F) b. Weekend hours are limited to 8am to 4pm (Saturday only) c. No work is allowed on Sunday, unless it is interior work for completion deadline reasons and such work cannot be heard outside the house d. No work on Holidays is allowed (list to be provided) e. Spencer Ranch agrees to respect special functions held by homeowners of Oakmont Hills that abut Spencer Ranch with 72 hours prior notice, no work will be allowed on houses that immediately back to the requested address in Oakmont Hills, such requests may not be excessive in the sole opinion of Spencer Ranch. 5. Waterside has agreed not to adversely impact natural water runoff or drainage to the Oakmont Hills homes that abut the southern border of Spencer Ranch. Sincerely, Paul Pastore May 15, 2018 Ron Ruthven Director of Planning and Development Town of Westlake 1500 Solana Blvd., Bldg. 7, #7200 Westlake, TX 76262 Subject: Waterside Land Co. response to the revised staff recommendation in the May 14, 2018 agenda packet after meeting today with Ron. (Bold Italicized = Waterside Land Co. response) Staff Recommendation from the 5-14-18 Agenda Packet: Unfortunately, the proposal by the applicant fails to provide adequate, and critical, details related to development execution, including: • Lack of any agreement or statement of guarantee from the Vaquero Club related to direct golf course access through the development, which is key to ensuring the viability of the proposed development density whereby homes are clustered and surrounded by useable and readily accessible open space (i.e. the golf course); Waterside intends to purchase Vaquero Club memberships to hold available for select new home buyers that are not currently members. Waterside will provide access and a dedicated easement to the Vaquero boundary at the southeast corner of the Spencer Ranch property to service any future access should this present itself in the future. • Tree preservation waiver requests and lack of detail concerning proposed landscaping for the development, which is a key development component and essential to Comprehensive Plan adherence; Waterside is proposing a tree mitigation exemption for streets only and anticipates planting more trees than it has to remove. Waterside will require that each new building permit be accompanied by a landscape plan for the lot being applied for, to scale, and should be in compliance with the Spencer Ranch Concept/Development plan. Each individual lot landscape plan shall contain species and types that are in compliance with Chapter 98 “vegetation” of the Westlake code of ordinances. Additional details to be provided as part of the Design Guidelines in th e Development Agreement. • Lack of detail concerning specific architectural design guidelines for homes to be constructed in the development. While the recently approved PD6 development allows the developer to provide specific architectural design guidelines as part of the development agreement, the extraordinary and uncharacteristic density request of this development given its location in a pastoral community district necessitates more detail from the developer prior to PD approval whereby significant compliance with the Building Quality is demonstrated and documented; Waterside is committed to complying with all of the architectural design guidelines and construction quality provisions contained in the Building Quality Manual that will be incorporated into the Conditions, Covenants, and Restrictions for the development ; which must be approved by the Town prior to filing with the County. Guidelines will at a minimum match the level of quality as found in the Quail Hollow and Vaquero subdivisions. • Lack of detail concerning public park amenities and access; and street and hardscape design details, which is another essential component of the development as shown in the attached exhibits. Waterside will dedicate auto parking and pedestrian seating for public use at the historical fireplace location (Buck E. King) near the intersection of Aspen and Pearson. The utter uniqueness of the proposed development, including the lot delivery system, layout, design and private amenities, juxtaposed against the proposed density, a nearly ten-fold increase, requires development details and execution precision points that, to date, are not included in the proposal. Staff believes these execution details are crucial and should be included in the approving PD ordinance should the development be transferred to another entity. Although this report contains specific staff recommendations that serve as minimum guidelines should the Commission wish to approve the development, staff, nonetheless, recommends denial without prejudice per the above explanation such that the applicant may resubmit a revised proposal that addresses these issues. This paragraph seems to be focused on the concern that the development may be transferred to another entity. The staff recommendation under Lot Delivery System addresses this issue by making it a condition of zoning approval that the applicant and the Town place conditions in the development agreements that will address how transfer of ownership may occur should it become necessary. We feel that the Town will have more than adequate opportunities to insure regulatory control over the architectural design and quality of construction via the development agreements and the approval rights for the deed restrictions and design guidelines for the development. April 14, 2018 Ron Ruthven Ron, Please see my comments below as they relate to the Spencer Ranch submittal and the proposed PD language. General: The document uses both ARC and ARB designations, we would prefer using ARB 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. Response: Minimum lot size cannot be stated as an exact number, it becomes too restrictive to deliver specific products Westlake residence say they want. Recommendation: Minimum Lot Size is to be determined on the final plat, use minimum lot width for the guideline by neighborhood (housing type) and…. Minimum Unit Size: Response: Minimum unit size must correspond to the size stated as the Development Minimum of 3,000 square feet. Our list of “expected” house sizes listed on page 18 of our submittal was only an estimated figure based on meetings with Westlake residence. Those numbers cannot be used as minimums or the development, community and Westlake will be negatively impacted by that restriction. Recommendation: All housing types must follow the same development minimum of 3,000 square feet as stated on page 4 of our submittal 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. Response: We discussed this set back on a number of occasions and seemed to agree on a 25-foot setback from Aspen since there was only two house that sided to Aspen and increasing that setback would cause the loss of a number of significant mature oak trees, yikes! Recommendation: Use a 25-foot setback for houses siding to Aspen Ln as stated in our submittal page 18 STAFF RECOMMENDATIONS RELATIVE TO DESIGN: • 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. • The Town’s Building Quality Manual is hereby made a part of this PD…… Response: Making the BQM a part of the PD is not appropriate for the development as it incorporates many aspects of design and construction not related to our scope. We have addressed this in our submittal (page 22) which allows the Town authority to enforce ordinances and the BQM. This is clearer to the parts that are applicable to enforce. Including the full BQM in the PD will be too restrictive for many elements we are attempting to accomplish and could require the development harm in delivering the total vision of this planned development. Although we desire to follow the parts that apply to us in the BQM, it is simply too broad to be included in the PD for Spencer Ranch. Recommendation: Require Spencer Ranch to follow the applicable parts of the BQM and keep the language that allows the Town full authority to enforce the ordinances and the parts of the BQM that apply. 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” Response: We have two owners in this area and it is an agreement between the two owners to preserve old growth trees, there is no dedication taking place. Recommendation: Use the terminology “Tree Preserve” 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: Response: The requirement placed on this “prior to approval” is not the language we have discussed in our meetings. It is paramount that the registered landscape architect we hire has the ability to create the natural palette as the development as the infrastructure is being put in place. We want him/her to see the improvements develop in the field and create a final design that maximizes the features of the existing terrain and the intended design. We desire a collaborative effort to coordinate landscape design, roadway edges, landscape walls, rivers placement, bridges, etc… and allow the team to make better decisions in the field that affect the final product positively. We certainly have the desire to substantially comply with the concept/development plan but don’t think being required to submit for prior approval yields the best product for Westlake! Recommendation: Allow the final plan to be developed over time and require it to substantially comply with the concept/development plan. • Tree Preservation – All protected trees shall require mitigation…… Response: This is far too restrictive, it requires us to mitigate all trees the property owner voluntarily planted but were not native to the land. Also holding Spencer Ranch to a higher standard than other developments requiring mitigation and not allowing exemptions for trees that are located in roadways, for utilities, houses, etc… Recommendation: Use the language that allows for the above 2. Amenity Center ….no later than the issuance of the building permit for the 19th house permitted… Response: This different wording than our submittal, basically accomplishes the same thing just tied to permitting which is fine…. Now that we have an internal timeline for projected sales and starts we would prefer using the 27th permit. I believe this is still close to the same timeframe overall so shouldn’t impact much, just some of the units are the attached with increases the number. Recommendation: Change 19 to 27. STAFF RECOMMENDATIONS • As part of the construction of required public improvements, the developer shall construct a golf cart path that provides future access to Vaquero Club Golf Course. Response: This is presumptuous and will be perceived as a negative since we don’t have an agreement. I feel like the many other exhibits showing the relationship to Vaquero are adequate and this path is not something we are prepared to build until that agreement is in place. If we decide against obtaining that agreement we certainly don’t want a path that leads to nowhere. Recommendation: Remove that sentence entirely 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 standard Response: We would love to have every street with an enhanced finish but its not feasible, we stated that curbs would have enhanced finish. Recommendation: Change to curbs only End of document. $$$$$$$$$$$$$$$$$$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 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bill Cassidy DocuSign Envelope ID: B803A18B-5DF3-4302-8F4E-6A7069AC380D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bill Greenwood DocuSign Envelope ID: 332FE9B8-73AF-47B3-88F3-A029C65E9CE9 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Bob Whittman DocuSign Envelope ID: 2A6B36A3-AD3D-47A4-9B8D-5CCFADE224CB January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Brad Harris DocuSign Envelope ID: 27CF2351-243D-4053-B5BB-BC835687D120 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Charles Honea DocuSign Envelope ID: F2A78EBC-252C-4581-B91C-638FD1F3E759 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Charlie Morse DocuSign Envelope ID: EDE30810-2A9A-4F6D-BB53-3CFB2CA489CA January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Dan Norman DocuSign Envelope ID: 4F2918A2-6097-47FF-843A-7490CF7B50FE January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Frank Lammons DocuSign Envelope ID: 579A9738-2DC7-40C5-9EC5-668798BC8FA0 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Gary Hazelwood DocuSign Envelope ID: 7BFD7990-B9BD-4AFE-B55A-6258FD1E365D February 28, 2018 Town of Westlake Regarding: The Spencer Ranch Community 1925 Pearson Ln Westlake, Texas Town of Westlake, My wife and I are pleased to see a master planned community proposed to replace the current equestrian property that is adjacent to our home in Oakmont Hills. The developer has taken the time to meet with us individually to discuss the plans and to address any possible development concerns regarding design, drainage, privacy, landscaping, and trash/dust issues. Spencer Ranch will provide couples high value homes in an aesthetically pleasing environment that supports security and maintenance free living. In addition to current Westlake residents who may be looking to downsize and stay in the community, Spencer Ranch invites a new market of individuals who may want to make Westlake their home. I believe the developers of this project have the best intention to retain the natural beauty of this property and to ensure neighboring families are not negatively impacted. We encourage the Town to approve this development in the most expeditious fashion so that work can begin soon. Sincerely, Dave and Sandy Huff 1864 Barrington Court Roanoke, TX 76262 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Jim Shindler DocuSign Envelope ID: 5D634895-CADD-41E4-AF75-EA57FA1C17A0 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Jimmy Tinsley DocuSign Envelope ID: 9EE608FC-AF59-4708-9C21-12CEC4EC5178 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Kuelbs DocuSign Envelope ID: CFBF1969-D14C-4D23-83FC-6C54DF56566D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Miller DocuSign Envelope ID: A316F607-63EE-42E0-B1AF-6986189F2A1F January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Shea DocuSign Envelope ID: A2F6FA77-C77D-4424-9FB4-FCFA818014CB January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, John Vassallo DocuSign Envelope ID: 9FF82213-B0FB-4B82-A9B1-05C3C8F10524 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Ken Beam DocuSign Envelope ID: FE9F29C6-B315-4DDB-9ADE-3228D5280881 January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Leroy Hess DocuSign Envelope ID: DC2A6CE7-53A1-4F4A-80AB-419AF4C6EE48 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Matt Rose DocuSign Envelope ID: 0A74E1DC-7F05-405D-A522-530059C1F27B January 5, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Murphy Markham DocuSign Envelope ID: 09FC3B95-ED13-4FA8-8D45-CAA1A651EC92 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Paul Marciano DocuSign Envelope ID: D1A7CEC3-3AAA-4425-AB7F-512EFDCE815D January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Scott Cruickshank DocuSign Envelope ID: 2CA45EAF-4703-45E9-A19E-5CCE8E0BBFE1 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Steve Titcomb DocuSign Envelope ID: FD1CF151-0ED4-44BD-9589-1469D592E524 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Terry Horton DocuSign Envelope ID: BE66100A-4D6F-46C4-B085-039A9660CA66 January 4, 2018 Town of Westlake Regarding: Spencer Ranch Development 1925 Pearson Rd Westlake TX 76262 I would like to encourage the approval of the proposed development by Waterside Land Co on Pearson Ln in Westlake. We have developed a vast number of friends in Westlake and now that our children are grown, our current home is more than we need. The opportunity to live in a high end, secure community that will watch over our residence when we are traveling is very desirous. The Waterside development suits our empty nester lifestyle, as well as keeping us close to our community of friends. Sincerely, Todd Armstrong DocuSign Envelope ID: F9B6F60F-9E0F-4B72-B397-CA4132F4EA95 From: To:Ron Ruthven Cc:Nick Ford Subject:Protest Zoning request Z11-17-15 Date:Wednesday, April 25, 2018 4:37:22 PM Importance:High Westlake Planning and Development 1500 Solana Blvd.,Bldg.7, Suite 7200 Westlake, TX76262 Attention: Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development rruthven@westlake-tx.org Mr. Nick Ford, Development Coordinator, Westlake Planning and Development nford@westlake-tx.org Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change. We oppose the zoning change request for the following reasons: 1. The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. Thank you- Sandra Day-Peck 1804 Summit Ct. 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. From:Kristin Emery To:Ron Ruthven; Nick Ford Subject:Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Date:Thursday, April 26, 2018 8:32:54 AM Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change. We oppose the zoning change request for the following reasons: 1. The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. Kristin Emery 1825 Barrington Dr. Keller, TX 76262 Sent from Mail for Windows 10 From: To:Ron Ruthven; Nick Ford Subject:Z11-17-15-Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Date:Thursday, April 26, 2018 9:15:26 AM Dear Mr Ruthven and Mr Ford, As a resident of Oakmont Hills in Keller, I am very concerned about the proposed development at Pearson and Aspen that backs my property. Our home of 14 years backs this beautiful property and the proposed plans are of great concern to us. First and foremost, the density and lot size is not compatible to this area of homes. Town homes should'nteven be considered. Who wants to look at town homes? The border suggestion between our homes and the proposed ones should have a buffer of at least 50' with tress and bushes to provide pleasurable views for both neighborhoods. The proposed border fencing is completely unacceptable. A vinyl coated heavy galvanized fence? I can think of nothing more horrific. It needs to be a stone/iron fence to maintain this areas beauty. We are concerned about devaluing out home and reducing our privacy, please reconsider and work to get a proposed plan that is acceptable to all parties involved. Thank you Dod & Amy Clapp 2005 Bantry Ct Keller, Texas 76262 proposed to be 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3.The proposed border fencing is completely unacceptable and unconscionable. Why this property line would be treated different than the north, west and east side in puzzling at the least. (See pictures below) The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. See attached picture below. There is nowhere in Westlake that a development of such magnitude and monies has anything close to this proposed galvanized fence and dark windscreen. 4.Town Homes should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. R. Bruce Pierce Mary Jo Pierce 2009 Bantry Court Keller, TX 76262 1 Nick Ford From:Christie Mathews Sent:Wednesday, April 25, 2018 12:22 PM To:Ron Ruthven Cc:Nick Ford Subject:Re: Rezoning Request (R5 to PD) Pearson Lane south of Aspen Lane Dear Mr. Ruthven, As a resident of Oakmont Hills in Keller, I am deeply concerned about the proposed development on Pearson and Aspen in Westlake. My property backs up to the current beautiful property and the proposed development disturbs me and many of my neighbors greatly. Although I understand that this property will be developed somehow, the proposed plan is concerning. Firstly, the density and lot size is not compatible with this beautiful area of north Keller/Westlake. Attached units/Town homes in Westlake??? I can’t imagine the Westlake residents want to see that. The lot sizes are also entirely too small. There also needs to be some attention given to the border of my neighborhood and the new neighborhood. We need at least a 50’ buffer with trees or bushes planted to provide continued aesthetic views for both sides. The border fencing on the Oakmont Hills side is UNACCEPTABLE. Is the vinyl coated fence only for the Keller neighbors? No thank you. We have enjoyed our beautiful view for 15 years and have invested a lot of time and memories in this house. I shudder to think what kind of devaluing will be happening if this development happens as plans. Please consider changing this proposal to something that would be acceptable to all affected. Thank you, Christie Mathews 2013 Bantry Dr. 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 Cc: Subject:Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Date:Monday, May 7, 2018 8:48:38 AM Attention: Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development and Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change, our names and address are listed below. We built our beautiful home in 2002 which faces to the old Terry Bradshaw ranch to the North. When we built / invested in our home, we hoped the equestrian ranch would remain, but knowing that we bordered Westlake; with its strict zoning requirements, that if it were developed it would be done with the strictest requirements and it would not impact our home value and likely preserve some of the nature and views we have come to enjoy. We thought later it might even become a part of Vaquero. We have migratory bird flights (geese) from the ponds on the property over our driveway to other ponds and lakes in Keller and the area. We have numerous other rare birds, special species of hawks, etc. that inhabit the area. It seems with the proposed Spencer Ranch development zoning a lot is being sacrificed. We oppose the zoning change request and development plan for the following reasons: The density and lot size is not compatible with the surrounding area and is way below the standards set for prestigious Westlake. Many homes to the north, south and west of the property in question are on multi-acre lots. The perimeter walls, landscaping, etc. around these properties are impeccable. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills, that is manicured / maintained, landscaped, etc. Drainage needs to be considered given the slope, need to maintain runoff, etc. There is also a natural spring that flows from Oakmont to the Westlake property, probably into the ponds on the ranch property. . The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. It sounds like something around a tennis court. The boarder should consist of stone/masonry columns with decorative iron fencing. We put in a beautiful wrought iron fence and regained the back part of our property which was encroached upon; as others have done, that needs to be considered, potentially re-reimbursed if not properly handled. Other properties East of us, we are the 6th lot have not done so and all needs to be tied in uniformly to our North / South fence lines. Town Homes should not be allowed, this is not a high density area and sq. ft. minimums should be be in line with Westlake and minimally above the Oakmont std. of 4000 sq ft. Originally the property land was in Keller, but Bradshaw had it rezoned to Westlake and this proposed development would not even meet the zoning that Keller would insist upon for this area. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. Regards, Richard and Deborah Ahlgren 2025 Bantry Dr. Keller, TX 76262 Westlake Planning and Development 1500 Solana Blvd.,Bldg.7, Suite 7200 Westlake, TX76262 Attention: Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development rruthven@westlake-tx.org Mr. Nick Ford, Development Coordinator, Westlake Planning and Development nford@westlake-tx.org Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change. From:Kara Griser To:Ron Ruthven; Nick Ford Subject:Rezoning request Date:Wednesday, April 25, 2018 9:20:39 PM We oppose the zoning change request for the following reasons: 1. The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. David and Kara Griser 2036 Coventry Court Keller, TX 76262 From: To:Ron Ruthven; Nick Ford Subject:Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Date:Monday, April 30, 2018 7:45:04 AM Dear Mr. Ruthven and Mr. Ford, I am a homeowner in the Oakmont Hills subdivision located on the south side of the requested zoning change. I STRONGLY oppose the zoning change request for the following reasons: 1. The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes absolutely should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. I appreciate the City of Westlake considering our concerns. I welcome the opportunity to meet with any town officials to discuss the above concerns and thank you for your consideration. Meghan E. Inglis 2040 Coventry Ct. Keller, TX 76262 Thank you, Meghan Westlake Planning and Development 1500 Solana Blvd., Bldg.7, Suite 7200 Westlake, TX76262 ATTN: Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development RE: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, I am a homeowner in the Oakmont Hills subdivision which is on the southern border of the property referenced in the Rezoning request. I have reviewed the proposals and find some issues with the development and zoning change which are outlined below. 1. The proposed fencing for the southern border with Oakmont Hills is unsightly and unacceptable. I am unaware of any developments in Westlake using that type of fencing. The border should be consistent for the entire development and should also be of a type that is suitable for the Town of Westlake. Stone/masonry with iron accents would be a better option for the ENTIRE border. 2. The proposed density and lot size for this development is not consistent with the surrounding area. The inclusion of Town Homes is particularly troubling. Town Homes fit in an urban, highly developed, environment. Westlake is not that environment. 3. A minimum setback, or common area buffer, needs to be included on the south of the property in order to prevent a loss in property value for those residences as well as those in Oakmont Hills on that border. The proposal has these properties too close to the border without ample green space to sperate. Thank you for your time and consideration. We enjoy the beautiful area that we live in. It is our hope that the Town of Westlake will continue its history of making zoning decisions that positively impact the area. Neil Noble 2049 Coventry Ct Keller, TX 76262 From: To:Ron Ruthven; Nick Ford Subject:Rezoning request at Pearson & Aspen Date:Thursday, May 10, 2018 8:22:37 PM Westlake Planning and Development 1500 Solana Blvd.,Bldg.7, Suite 7200 Westlake, TX76262 Attention: Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change. We oppose the zoning change request for the following reasons: 1. The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 2. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 3. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 4. Town Homes should not be allowed to be included. The inclusion of town-homes will greatly reduce the privacy and use of backyards in Oakmont Hills that are facing the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. Best, Joseph R. Poi 1805 Kinsale Drive Keller, TX 76262 From: To:Ron Ruthven; Nick Ford Subject:Opposition to Rezoning Request - Pearson and Aspen Date:Monday, May 14, 2018 11:23:42 AM Westlake Planning and Development Westlake, Texas 76262 Attention: Mr. Ron Ruthven, Director Attention: Mr. Nick Ford, Development Coordinator Re: Z11-17-15 Rezoning Request from R5 to PD7 South of Pearson and Aspen Dear Messrs. Ruthven and Ford: We are homeowners in the Oakmont Hills subdivision on the southern border of the requested change. We oppose the proposed rezoning for the reasons set forth below: 1. The density and lot size are not compatible with the surrounding homes to the north, south and west. 2. A set-back or buffer between the property's southern border and Oakmont Hills is essential. 3. The border fencing is totally unacceptable relative to both materials and design. 4. Town Homes should not be permitted. Not only will they greatly reduce privacy and backyard use, but home values will be negatively impacted. We appreciate the City of Westlake's consideration of our concerns. Further, we would welcome the opportunity to meet with any town officials to discuss such concerns. Thank you in advance for your thoughtful consideration of this matter. Clent and Jerri Piercey 1812 Barrington Drive Keller, Texas 76262 Dear Mr. Ruthven and Mr. Ford, We are homeowners in the Oakmont Hills subdivision located on the south side of the requested zoning change. We oppose the zoning change request for the following reasons: The density and lot size is not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. 1. There needs to be a set-back or buffer between the proposed homes on the south boarder and Oakmont Hills. 2. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills. The boarder should consist of stone/masonry columns with decorative iron fencing. 3. Town Homes should not be allowed to be included. The inclusion of town- homes will greatly reduce the privacy and use of backyards in Oakmont Hills homes facing proposed the town-homes. We appreciate the City of Westlake considering our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns and thank you for your consideration. Bryan and Arlene Sievert 1857 Barrington CT Keller, TX 76262 From: To:Ron Ruthven; Nick Ford Subject:Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Date:Wednesday, May 9, 2018 6:40:29 PM Mr. Ron Ruthven, Director of Planning and Development, Westlake Planning and Development Mr. Nick Ford, Development Coordinator, Westlake Planning and Development Subject: Z11-17-15 - Rezoning request from R5 to PD7 for 38 acres located east of Pearson and south of Aspen Dear Mr. Ruthven and Mr. Ford, We are 15 year homeowners of 2021 Bantry Drive, Keller in the Oakmont Hills subdivision which borders the south side of Mr. Britton’s property on N. Pearson Lane. We strongly oppose the zoning change request from R5 to PD7 for the following reasons: We did not receive any notification of the zoning change. The signs posted were posted while Pearson Road was under construction and traffic was reduced due to the delays. When construction was completed, the zoning signs had been moved over to Aspen Road basically removing the visibility for the homeowners who would be impacted by the zoning change. The density and lot sizes are not compatible with the surrounding area. Many homes to the north, south and west of the property in question are on multi-acre lots. There needs to be a set-back or buffer between the proposed homes on the south border and Oakmont Hills. The proposed border fencing is completely unacceptable. The proposed vinyl coated heavy galvanized fence with dark wind screen is extremely unsightly for homeowners in Oakmont Hills and not consistent with the expected high end quality of other upscale Westlake neighborhoods. The border should consist of stone/masonry columns with decorative iron fencing with trees and large shrubs to create a privacy barrier for both Oakmont Hills and the proposed development homeowners. o There is a precedent with Vaquero using wrought iron fencing for a border with the neighboring homes. I would expect Westlake would not accept anything less than the wrought iron border fence pictured below so the Town of Westlake would maintain its image and home values. Town Homes should not be allowed in the development. The inclusion of town-homes will greatly reduce our privacy and use of our backyards in Oakmont Hills that are facing the town-homes as well as impact the traffic flow on two lane Pearson Road. Figure 1: Existing fence between Vaquero and Oakmont Hills Keller and Westlake are two cities connected with the shared city services. We know that you want the best for both Westlake and the bordering Keller residents and we greatly appreciate your consideration of our concerns. We welcome the opportunity to meet with any town officials to discuss our concerns. Thank you for your time! Have a great day! Jim and Donna Dettbarn 2021 Bantry Drive Keller, TX 76262 From: To:Ron Ruthven Cc:Nick Ford Subject:Proposed Spencer Ranch Development Date:Thursday, May 10, 2018 5:54:04 PM To: Mr. Ron Ruthven Director of Planning and Development Westlake Planning and Development From: John M. Landry 2029 Bantry Dr. Keller, TX 76262 Subject: Proposed Spencer Ranch Development Director Ruthven, I recently moved to Texas and what attracted me to the Keller, Westlake area was the large size lots and vast amounts of agricultural land used for livestock and horses. I stayed for three months while house hunting in the Westlake Marriott and my daughter currently attends the Primrose daycare in Westlake. I enjoy driving through Westlake and seeing the pleasant designed community and natural lands and look forward to the future development of Entrada. I’m writing in regards to the proposed Spencer Ranch Development that is planned to be constructed on the corner of N. Pearson Lane and Aspen Lane over 37.8 acres. I’m a resident of the Oakmont Hills subdivision and my property backs up to the newly proposed development. I have listed the below concerns and issues that I hope you take into consideration as you contemplate your decision on this matter. 1. The current property is zoned R5-Country Residential and requires a minimum lot size of five acres. The new proposal is to create 72 units on a minimum lot of 4,500 square feet. My concern that this takes away from the prestige of Westlake and the area with such small lots that will diminish the natural land that attracts many home owners. Going from eight residential homes based on the current five-acre zoning to 72 homes is to large of an increase that will affect how many neighbors will be behind my property from one to three. If this is going to be re-zoned than at minimum it should be no less than one-acre lots. 2. Of the 72 homes, some will be townhomes that are very tall, block views, and overlooking neighbor’s properties thus creating an issue for myself and my current neighbors. Townhomes don’t quite fit in this area and should be built over in the Entrada area of Westlake. Townhomes will diminish property values in this area and I would prefer you examine this closely before approving this style of home in this development. 3. The proposed fence that the developer is planning on building on the south property line between Westlake and Keller/Spencer Ranch and Oakmont Hills is a chain linked fence with a wind screen mesh. This will be an unattractive fence compared to what the developer is proposing on Pearson and Aspen Lane. I think a proper fence that is pleasing to both residence on each side should be approved which would also include the necessary landscaping and buffer area between residence. The larger the lot the less need for buffer areas. 4. Natural water run off from Oakmont Hill properties into Spencer Ranch has not been address and will affect home owners on both sides. As well as the pond on Oakmont Hills that is connected to the current proper owner’s ponds. Can you inquire with the developer how they are going to address this issue? 5. There is a barn structure currently on the property directly behind my house which has provided a habit for rodents/rats and wildlife like hawks and owls that prey on them. If there is going to be demolition to the current structures then the proper animal/pest control should be used by the developer not to impose the migration to other residential properties which in turn could spread disease. 6. Lastly, the traffic on Pearson lane going north to Dove will increase with the proposed 72 residences and with future properties that might be developed along the road it would be another good reason to limit the new Spencer Ranch development to only half or 35 residences. I appreciate your time and attention in reading this letter and addressing these concerns and issues before making any decision. Respectfully, John M. Landry From: To:Ron Ruthven Cc: Subject:Spencer Ranch Date:Thursday, May 10, 2018 8:17:24 PM Dear Mr. Ruthven, We recently learned that the property directly behind our home at 2037 Bantry has been purchased with the intent of being developed. We purchased our home in Oakmont Hills a year ago because of the large treed lot and quiet neighborhood. While we knew that one day the beautiful ranch in our back yard would be developed, we didn’t worry given that property was zoned for 3 to 5 acres lots, and we trusted that the City of Westlake would enforce its high standards on any development. We are writing today because, those large lots are NOT what is being proposed by Spencer Ranch. The proposed structures we reviewed in the renderings are architecturally beautiful, and we believe the new neighborhood will be a wonderful addition to the community, but our main concern is the sheer volume of residences crammed into the 48-50 acres. The original zoning would have put 16 homes on that parcel and now 77 is what is being proposed. This high density of homes not only seems out of sync with the Westlake vision of natural beauty and open spaces, it seems reckless given the impact on traffic at the already congested intersection of Pearson and Dove. While the daily inconvenience of the added traffic will be problematic the greater fear is the safety impact if a sudden need for a mass exit (like a fire) were to arise. We hope that before any final approvals are made on the zoning changes that traffic studies and other analysis of the impact of this high density housing is reviewed and the total impact on the community is assessed by experts. In addition to the traffic concerns we hope that all environmental impacts are also considered such as water runoff, noise pollution (during and after construction), and the level of trees and landscaping within the planned community. I am optimistic that you are considering the community as a whole including us, your Keller neighbors. We may not live in Westlake but my husband works in Westlake, and we dine, shop and do business in Westlake. We are hoping that the Spencer Ranch will be a nice add to the Westlake area and adhere to the current high standards. We look forward to seeing the changes. Sincerely, Leah and Brian Blalock 2037 Bantry Dr Keller, TX 76262 Sent from my iPhone Ordinance 856 Page 1 of 15 TOWN OF WESTLAKE ORDINANCE NO. 856 AN ORDINANCE ZONING AN APPROXIMATELY 37.798 ACRE TRACT OF LAND GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ASPEN LANE AND PEARSON ROAD, FURTHER DESCRIBED AND DEPICTED IN EXHIBIT “A” ATTACHED HERETO, FROM THE R5 “COUNTRY RESIDENTIAL” ZONING DISTRICT TO PD7 “PLANNED DEVELOPMENT DISTRICT NUMBER SEVEN”; AUTHORIZING RESIDENTIAL DEVELOPMENT; APPROVING A CONCEPT/DEVELOPMENT PLAN; APPROVING A SPECIFIC USE PERMIT (SUP) FOR PRIVATE STREETS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, Section 102-33(3) of the Code of Ordinances of the Town of Westlake states that the purpose of a Planned Development District is to: Provide for a superior design of lots or buildings; Provide for increased recreation and/or open space opportunities for public use; Provide rural amenities or features that would be of special benefit to the property users or community; Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; Protect or preserve existing historical buildings, structures, features or places; and provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services.; and WHEREAS, on November 17, 2017, the Town of Westlake received a Zoning Change Request from the Waterside Land Company, LLC on behalf of the property owner for the property depicted and described in Exhibit “A” requesting that the Town zone said property to PD7 “Planned Development District Number Seven” in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner (or representative) appeared before the Planning and Zoning Commission and Town Council and affirmed that the property owner is seeking this zoning request; and Ordinance 856 Page 2 of 15 WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with, including but not limited to chapter 551 of the Government Code and Chapter 211 of the Local Government Code; and WHEREAS, on May 14, 2018, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended denial of said request; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, 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 Ordinance 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 property shown on attached Exhibit “A” is hereby rezoned from the R5, “Country Residential” zoning district to PD7, Planned Development District Number Seven”, including the approval of a concept/development plan and a Specific Use Permit (SUP) for private streets, subject to the conditions contained in Exhibit “B”. SECTION 3: This Zoning District shall be subject to all regulations contained in the Code of Ordinances of the Town of Westlake, Texas, except where amended herein. SECTION 4: The Town Secretary shall amend, or cause to have amended, the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit “A”. 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 Ordinance 856 Page 3 of 15 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: 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 7: That this Ordinance only affects the Property located within the boundaries of PD 7 and does not change or affect any other property, including but not limited to the property adjacent to PD 7. SECTION 8: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 21st DAY OF MAY 2018. _____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 856 Page 4 of 15 EXHIBIT A Description and Depiction of Subject Property Property Depiction Ordinance 856 Page 5 of 15 EXHIBIT A continued Description and Depiction of Subject Property Property Description Ordinance 856 Page 6 of 15 EXHIBIT B Planned Development District Number 7 (PD7) Development Standards Section 1 – General A. The purpose of PD7 is for a detached, and attached, single-family residential development of no more than 72 residential lots with a gross maximum density of 1.89 dwelling units per acre. B. The development authorized by this ordinance shall be substantially consistent with the Concept/Development Plan, attached as Exhibit B-1. C. Platting 1. The developer shall submit, and receive approval for, a preliminary site evaluation prior to any land disturbance activities; 2. Prior to the final acceptance of public improvements, approval of private streets and release of residential building permits, the developer shall submit, and receive approval for, a final plat, which shall be platted as a single phase. 3. The final plat noted above shall be recorded with the County Clerk prior to the release of any residential building permits. 4. Prior to the approval of the preliminary site evaluation, the developer shall submit a development agreement for final approval by the Town Council per the requirements of the Code of Ordinances. 5. For the purpose of executing the design goals of this ordinance and all exhibits attached herein, amended plats may be submitted as part of a building permit application in order to perform minor adjustments to lot boundaries as needed. The final recording of said amended plat may be deferred to the completion of construction provided the plat is recorded before the completion of the final inspection. D. Permitted Uses – The following are permitted principal and accessory uses: 1. Single Family Attached and Detached Homes 2. Open Space (including active, passive and conservation areas) 3. Private Streets 4. Public and Private Parks 5. Drainage facilities (including retention and detention ponds) 6. Guard houses 7. HOA operated amenities, including an amenity center for the private use of the development residents 8. Accessory Uses (as authorized in the Town’s zoning regulations) E. Homeowner’s Association – The development shall be governed by a Homeowner’s Association (HOA) that will be responsible for common area Ordinance 856 Page 7 of 15 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. F. Any change, reassignment, and/or transfer of ownership from the developer that is the signatory party in the development agreement noted above to a different entity shall require the approval of the Town Council through an amendment to the development agreement, through a separate resolution, or as an amendment to this ordinance. G. Single family attached units authorized by this ordinance may, at any time before the submission of the preliminary site evaluation, be changed to single family detached units. H. 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. I. All plans submitted for permit within this development shall be prepared by a Texas Licensed Architect and contain sufficient details required to explain the full exterior construction to a competent contractor. Section 2 – Residential Design Standards A. Lot and Housing Specifics: The following are the design criteria for each housing type as described in Exhibit B-3 and shown on Exhibit B-1: 1. South Side Villa Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 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: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. Ordinance 856 Page 8 of 15 2. Upper East Side Brownstones a. Housing Type: Single Family Attached b. Minimum Lot Size: 1,000 square feet 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: 3,000 square feet h. Maximum Height: 36 feet from the finished floor elevation to the top roof plate. 3. Meadows Villa Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 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: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 4. Meadows Lakeside Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 70 feet d. Front Setback: 10 feet; or 5 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: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. 5. Ridgeview Homes a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet c. Minimum Lot Width: 65 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 Ordinance 856 Page 9 of 15 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 a. Housing Type: Single Family Detached b. Minimum Lot Size: 1,000 square feet 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: 3,000 square feet h. Maximum Height: 35 feet from grade to the mid-point of the span of the highest pitch. B. Special Setback Provisions: 1. 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. 2. Lots adjacent to Aspen Lane shall have a 50-foot minimum setback from Aspen Lane. 3. Promenade/Estate Homes shall be setback a minimum of 150 feet from Pearson Lane. 4. All homes shall be setback a minimum of 40 feet from the southern boundary line of the development. C. Garages: Promenade/Estate homes shall have a minimum of three enclosed parking spaces. All other homes shall have a minimum of two garage 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. D. Roofs: Permitted roof materials include: Ordinance 856 Page 10 of 15 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. E. Exterior Walls: Exterior walls shall meet the requirements of the Town’s Building Quality Manual as adopted by Resolution 18-02. F. 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 recommendations contained in the Westlake Building Quality Manual referenced above. 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. G. Elevation Samples: All homes constructed in this development shall be generally consistent with the elevation samples provided in Exhibit B-8 such that the primary articulation elements and general layout of the home on the lot are generally consistent with the elevations. Provided all other provisions of this section are met, significant deviations from these elevations may be approved provided that both the homeowner’s association and the Town Manager or designee are in agreement. Section 3 – Landscaping, Open Space, Water Features, Tree Preservation and Parkland Dedication A. 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 their 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 (Exhibit B-1) Ordinance 856 Page 11 of 15 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 stated in Exhibit B-3 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; B. 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. C. Open Space 1. 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 Exhibit B-2 and shall be distributed as follows: a. Private Open Space: 10.1 acres minimum b. Public Open Space (parkland): 3.6 acres minimum 2. Private open space amenities shall, at a minimum, include the following: a. 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 B- 4. b. Amenity Center - The amenity center shall be constructed on the property in the location shown on Exhibit B-1. The developer shall build and complete this facility no later than the issuance of the building permit for the 27th 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 Ordinance 856 Page 12 of 15 iv. A “Board Room” facility v. Swimming pool/water feature The amenity center design shall be consistent with Exhibit B-4. c. Open-air pavilion - An open-air event pavilion shall be constructed on the property in the general location as shown on Exhibit B-1. 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 Exhibit B-4. D. Parkland Dedication – Parkland dedication as proposed by the developer in Exhibit B-3 and shown on Exhibit B-2 is hereby approved subject to the following conditions: 1. Parkland dedication shall be consistent with Exhibits B-1 and B-2. 2. Maintenance responsibilities for the parkland shall be the responsibility of the developer/HOA. 3. 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. E. 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 Exhibit B-1 and shall be maintained by the homeowners association. Section 4 – Fencing A. 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 (Exhibit B-1) 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 Exhibit B-5 for the purpose of providing aesthetic accents, privacy, and/or shield undesirable vehicle light transmission as determined in the master landscape plan. B. The portion of the fence located along the southern boundary of the development shall be fully screened by vegetation that restores the natural mosaic. Ordinance 856 Page 13 of 15 C. 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. Section 5 – Streets, sidewalks/trails, parking and access A. 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 B- 6. 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. B. Trails – A public trail system will be extended from Aspen Lane south to the Town border adjacent to the development. The internal trail/sidewalk system will 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 Exhibit B-1 and shall be constructed by the developer as part of the required public improvements. C. A private access easement, a minimum of ten (10) feet in width, connecting the development to the adjacent Vaquero Club golf course, shall be dedicated in the development as part of the final plat such that a future golf cart path connection may be constructed within said easement at a future date should a common agreement allowing access to the golf course be executed. The HOA shall be responsible for maintenance and any future improvements within said easement. D. Parking – Adequate guest parking, trailhead and park parking, and parking for the proposed private amenities shall be shown on the master landscape plan with maintenance responsibilities borne by the homeowner’s association as described in the required development agreement. E. 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. F. Cluster mailboxes – Prior to installation, the final design, location and size of any cluster mailboxes as required by the United States Postal Service shall be submitted to the Town Manager or designee for review. Upon review, the Town Manager or designee may approve or deny said design, location and size. If denied, the developer may appeal the decision of the Town Manager or designee to the Town Council provided the written appeal is received not later than 30 days from the formal notice of denial. Ordinance 856 Page 14 of 15 G. 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. H. 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. Section 6 – Utilities, Drainage and Grading A. 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. B. 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. C. 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. D. 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. Section 7 – Public Art and Town Entry Marker/Monument A. As part of the development agreement noted above, the developer agrees to submit a public art plan shall be approved by the Town Manager or designee and that generally conforms to the public art provisions contained in Exhibit B-3 as Ordinance 856 Page 15 of 15 proposed by the developer. A Town of Westlake entry marker or monument may be included in this plan. SUMMARY OF EXHIBITS: Exhibit B-1 – Concept/Development Plan Exhibit B-2 – Open Space Plan Exhibit B-3 – Development Plan and Description by Developer Exhibit B-4 – Amenity Exhibits Exhibit B-5 – Fence Exhibit Exhibit B-6 – Streetview Exhibits Exhibit B-7 – Perimeter Fencing Exhibit Exhibit B-8 – Home Elevation Samples A A A A AA A A A AA A A A A AA A Supplemental Sheet "Housing Type Concept/Development Plan" B B B B B B B B B B B B F F F F F F F F FF F FFF C C C C CC DDD D E E E E E DExhibit B-1 Ord 856 Exhibit B-2 Ord 856 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. Ord 856 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. T he 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. Ord 856 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 Ord 856 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).” Ord 856 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.” Ord 856 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.” Ord 856 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 Ord 856 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 Ord 856 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 Ord 856 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. Ord 856 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. Ord 856 • 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. Ord 856 • 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.” Ord 856 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 clo ser than 150 feet from Pearson Ln. Ord 856 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. Ord 856 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. Ord 856 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. Ord 856 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.” Ord 856 “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.” Ord 856 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 foundatio ns 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. Ord 856 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. Ord 856 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.” Ord 856 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. Ord 856 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.” Ord 856 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 Ord 856 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 Ord 856 Exhibit B-4 Ord 856 Exhibit B-4 Ord 856 Exhibit B-5 Ord 856 Exhibit B-6 Ord 856 Exhibit B-6 Ord 856 Exhibit B-7 Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 Housing ElevationsExhibit B-8Ord 856 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. 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 c. 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: 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 Town Council Item # 8 – Executive Session Town Council Item # 9 – 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. 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 c. 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: 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 Town Council Item #10 – Necessary Action FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town Council Item # 11 – Future Agenda Items Town Council Item # 12 – Adjournment Regular Session