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HomeMy WebLinkAbout11-26-18 PZ Agenda PacketPage 1 of 2 TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING AGENDA November 26, 2018 WESTLAKE TOWN HALL 1500 Solana Blvd., Building 7, Suite 7100 1st FLOOR, COUNCIL CHAMBERS WESTLAKE, TEXAS 76262 Regular Session 4:00 p.m. Regular Session 1.CALL TO ORDER 2.DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING HELD ON OCTOBER 15, 2018. 3.CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF AN AMENDMENT TO SPECIFIC USE PERMIT ORDINANCE 855 CONDITIONS IN ORDER TO INCREASE THE MAXIMUM NUMBER OF CONDOMINIUM UNITS FROM 126 UNITS TO 150 UNITS AND TO MODIFY THE APPROVED SIZE AND BEDROOM DISTRIBUTION OF EACH UNIT. THE PROPERTY IS 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. Page 2 of 2 4.ADJOURNMENT. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Bldg. 7, Ste. 7100, Westlake, Texas, 76262, November 20, 2018, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Tanya Morris, Assistant to the 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. P&Z Minutes 10/15/18 Page 1 of 7 MINUTES OF THE TOWN OF WESTLAKE, TEXAS PLANNING AND ZONING COMMISSION MEETING October 15, 2018 PRESENT: Chairman Tim Brittan Commissioners Liz Garvin, Ken Kraska, Kim Morris and Alternate Sharon Sanden ABSENT: Michelle Lee OTHERS PRESENT: Town Attorney Matthew Butler, Director of Planning Ron Ruthven, Administrative Assistant to the Town Secretary Tanya Morris, Assistant Town Manager Amanda DeGan, Director of Public Works Jarrod Greenwood, Fire Chief Richard Whitten, Deputy Chief John Ard, Development Coordinator Nick Ford, Communications Manager Jon Sasser, and Building Official Pat Cooke. Work Session 1. CALL TO ORDER Chairman Brittan called the work session to order at 5:04 p.m. 2. DISCUSSION REGARDING ITEMS LISTED ON THE REGULAR MEETING AGENDA. Chairman Brittan moved to Workshop Item 4. Director Ruthven provided an overview of the item. Russell Laughlin, Hillwood Development, discussed future roadways. P&Z Minutes 10/15/18 Page 2 of 7 Chairman Brittan moved to Workshop Item 5. 3. PRESENTATION AND DISCUSSION CONCERNING SURFACE PARKING FACILITIES IN THE PLAZA AT SOLANA DEVELOPMENT. Ty Lee, Quadrant Investment Properties, gave an overview of the item. Discussion ensued regarding the median in front of Marriott and additional parking in front of the Marriott. Zane Busbee, SWA Group, presented a presentation on the proposed aesthetics and parking lot in front of the Marriott. Discussion continued regarding the quantity of proposed parking spaces, increasing the number of parking spaces from what was previously proposed, and the proposed caliber of trees to be added to parking lot in front of Marriott. Chairman Brittan moved to Workshop Item 2. 4. STANDING ITEM: PRESENTATION AND DISCUSSION OF DEVELOPMENT PROJECTS PER SEPTEMBER 2018 REPORT. Director Ruthven provided a presentation over the following items: Entrada: Concrete slab at the Retail Corner and construction should be going vertical soon, construction on the Tower, residential buildings, restaurant row, parking garage near restaurant row, Plaza Mayor plans, everything is behind schedule, requested new schedule from the developer, and there will be a public meeting regarding frontage roads along Hwy 114 next week in Southlake. Fire Station: Most of the exterior stone is complete, completion scheduled for January, formal opening of fire station scheduled for March, and public art feature at the front of the station. SPECS Liquor: Expansion under construction. Quail Hollow: New building permits have been issued and there are more under review. Granada: On pace with building permits. The Knolls: Plans are under review, construction could begin by the end of the year, and street material composition. P&Z Minutes 10/15/18 Page 3 of 7 Director Greenwood was asked to comment on the rain effects on Entrada drainage and Quail Hollow drainage from the pond. Chairman Brittan moved to Workshop Item 3. 5. ADJOURNMENT Chairman Brittan adjourned the work session at 6:01 p.m. Regular Session 1. CALL TO ORDER Chairman Brittan called the regular session to order at 6:01 p.m. 2. DISCUSSION AND CONSIDERATION OF THE MINUTES FROM THE MEETING HELD ON SEPTEMBER 17, 2018. MOTION: Commissioner Garvin made a motion to approve the minutes. Commissioner Sanden seconded the motion. The motion carried by a vote of 5-0. 3. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF A CONCEPT/ DEVELOPMENT PLAN AND SITE PLAN AMENDMENT TO INCLUDE APPROVAL OF THE SCHWAB PHASE TWO CAMPUS CONSTRUCTION FOR AN APPROXIMATELY 81.06-ACRE AREA OF PLANNED DEVELOPMENT DISTRICT NUMBER 3-5B (PD 3-5B). THE PROPERTY IS GENERALLY LOCATED SOUTH OF STATE HIGHWAY 170, NORTH OF J.T. OTTINGER ROAD, AND WEST OF WESTLAKE PARKWAY. Coordinator Ford provided a presentation and overview of the item. Robin McCaffrey, Mesa Planning, discussed aesthetics of the proposed development plan in correlation with the comp plan, architecture of buildings, and water in landscaping. Discussion ensued regarding the lighting in the parking garage. Katie Blair, Charles Schwab, provided a presentation regarding the proposed item. Discussion continued regarding the timeline for landscaping, entry pavilion, drone flyover for Schwab, public access and outdoor employee events, Westlake trail connectivity, expectations for staffing of Phase I, and elevation view from Westlake Academy. Chairman Brittan opened the public hearing. P&Z Minutes 10/15/18 Page 4 of 7 No one addressed the Commission. Chairman Brittan closed the public hearing. MOTION: Commissioner Kraska made a motion to approve the concept/ development plan and site plan amendment to include approval of the Schwab Phase Two campus construction. Commissioner Morris seconded the motion. The motion carried by a vote of 5-0. 4. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF A CONCEPT/DEVELOPMENT PLAN FOR SCHWAB WAY ON AN APPROXIMATELY 52.87-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT NUMBER 3-5A (PD 3-5A). THE PROPERTY/ROADWAY IS GENERALLY LOCATED SOUTH OF AND ALONG STATE HIGHWAY 170 AND STATE HIGHWAY 114, BETWEEN JT OTTINGER ROAD, AND THE SOUTHERN TERMINUS OF TROPHY LAKE DRIVE. Director Ruthven provided an overview of the item. Discussion ensued regarding the timeline for Hillwood development. Russell Laughlin, Hillwood Development, discussed timeline of Hillwood development, in negotiations with operators for Phase I and mixed-use development. Discussion continued regarding Schwab retail and location of Schwab Way. Chairman Brittan opened the public hearing. No one addressed the Commission. Chairman Brittan closed the public hearing. MOTION: Commissioner Garvin made a motion to approve the concept/development plan for Schwab Way with staff recommendations: 1. A four lane, divided concrete roadway, hereinafter referred to as “Schwab Way” shall be constructed as depicted on Exhibit XX. Construction of Schwab Way shall be aligned and constructed as shown on Exhibit XX within a 100' wide right of way to be dedicated to the Town of Westlake. Schwab Way right-of-way cross-sections shall be generally consistent with the cross-sections shown in Exhibit XX. 2. Schwab Way shall be constructed in two phases as shown on Exhibit XX. For the purpose of this ordinance, all phase one Schwab Way construction and improvements shall at a minimum include, and be consistent with, the improvements described in Master Roadway Construction Agreement approved by Resolution 17-28, Town Ordinances and the Comprehensive Plan. 3. Prior to the P&Z Minutes 10/15/18 Page 5 of 7 issuance of the notice to proceed for Schwab Way phase two, a development agreement shall be submitted and approved by the Town as required by the Code of Ordinances. 4. Schwab Way phase one improvements shall be completed not later than September 1, 2019, or before a final certificate of occupancy is issued for the site plan approved by Ordinance XXX, whichever occurs first. For the purpose of this ordinance, completion includes final approval by the Town Manager or designee and final acceptance by the Town of all required improvements included in Resolution 17-28. 5. Schwab way phase two improvements shall be completed not later than June 1, 2021, or before a final certificate of occupancy is issued for the site approved by Ordinance XXX, whichever occurs first. 6. Not later than the date of final acceptance of public improvements for phase two construction of Schwab Way, a preliminary site evaluation shall be submitted and approved and a final plat shall be submitted, approved and recorded. Said plats shall, at a minimum, include all right-of-way to be dedicated for Schwab Way including any adjacent required easements on common ownership property. Both plats may be considered simultaneously. 7. Sidewalks and/or trails shall be constructed on both sides of Schwab Way per the requirements of the Comprehensive Plan, Code of Ordinances and/or an approved concept plan, development plan and site plan. Said sidewalk/trail shall be constructed prior to the final acceptance of public improvements. 8. The design and placement of all roadway amenities, including landscaping, traffic control devices, streetlights, benches, signage (including wayfinding and entryway signage), enhanced concrete and/or pavers, etc. shall be generally consistent with the recommendations for said amenities contained in the Comprehensive Plan and the Code of Ordinances where applicable. 9. All lighting illumination shall be low intensity and shall generally comply with the outdoor lighting requirements contained in the Code of Ordinances. 10. All recommendations for traffic mitigation and improvements as identified in the Traffic Impact Analysis attached as Exhibit XX shall be constructed not later than the improvements deadlines listed above for each pertinent phase of construction. This shall include but not be limited to: bridge structural additions and/or improvements, signal improvements, pedestrian improvements, pavement construction/addition, and bridge thematic improvements as identified in the Adopted Comprehensive Plan. This shall also apply to “off-site” improvements. For the purpose of this ordinance, “off-site” shall include any public improvement not located immediately adjacent to or within the PD3-5(A) or PD3-5(B) zoning district. 11. Except as amended herein, Schwab Way, whether built in phases or in its entirety as one project, as well as any additional improvements constructed in PD3-5A shall comply with the recommendations of the Westlake P&Z Minutes 10/15/18 Page 6 of 7 Comprehensive Plan, The Code of Ordinances and any other applicable Planned Development District Ordinances. Where a conflict exists between the recommendations of the Comprehensive Plan and other existing codes and ordinances, the recommendations of the Comprehensive Plan shall apply. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDER RECOMMENDATION OF A SITE PLAN AMENDMENT FOR AN APPROXIMATELY 309.305 ACRE AREA OF PLANNED DEVELOPMENT DISTRICT 2 (PD 2). THE PROPERTY IS GENERALLY LOCATED ON THE SOUTH SIDE OF STATE HIGHWAY 114, BETWEEN DAVIS BOULEVARD AND WESTLAKE PARKWAY. Director Ruthven provided an overview of the item. Charley Schalliol, Site Enhancement Services, and Joe McElaney, Fidelity Investments, provided a presentation regarding the proposed signage. Discussion ensued regarding lighting for signage, building materials of signage, location of signage, possible addition of ribbon signage, signs specifications in the code of ordinances, and comparison to Charles Schwab sign. Chairman Brittan opened the public hearing. No one addressed the Commission. Chairman Brittan closed the public hearing. MOTION: Commissioner Morris made a motion to approve the site plan amendment. Commissioner Garvin seconded the motion. The motion carried by a vote of 5-0. P&Z Minutes 10/15/18 Page 7 of 7 6. ADJOURNMENT There being no further business to come before the Commissioners, Chairman Brittan asked for a motion to adjourn. MOTION: Commissioner Sanden made a motion to adjourn the meeting. Commissioner Kraska seconded the motion. The motion carried by a vote of 5-0. Chairman Brittan adjourned the meeting at 6:56 p.m. APPROVED BY THE PLANNING AND ZONING COMMISSION ON NOVEMBER 12, 2018. ________________________________ ATTEST: Chairman, Tim Brittan ______________________________ Tanya Morris, Assistant to the Town Secretary Page 1 of 4 Westlake Planning and Zoning Commission TYPE OF ACTION Regular Meeting - Action Item Westlake Planning and Zoning Commission Meeting Monday, November 26, 2018 TOPIC: Conduct a public hearing and consider recommendation of an amendment to Specific Use Permit Ordinance 855 conditions in order to increase the maximum number of condominium units from 126 units to 150 units and to modify the approved size and bedroom distribution of each unit. The property is 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, Director of Planning and Development Strategic Alignment Vision, Value, Mission Perspective Strategic Theme & Results Outcome Objective Planned / Responsible Development Citizen, Student & Stakeholder High Quality Planning, Design & Development - We are a desirable well planned, high-quality community that is distinguished by exemplary design standards. Preserve Desirability & Quality of Life Strategic Initiative Outside the Scope of Identified Strategic Initiatives EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On May 21, 2018, the Town Council approved Ordinance 855 authorizing a Specific Use Permit for up to 126 condominium units to be located in the Plaza Mayor portion of the Westlake Entrada development. Mehrdad Moayedi, president of Centurion American, is requesting an amendment to Ordinance 855 (attached) in order add additional condominium units and to modify the size and bedroom distribution of the units. The building permit for the Plaza Mayor is currently under review. Page 2 of 4 The site plan for the Plaza Mayor was also approved by the Town Council on May 21, 2018 by Ordinance 854 (attached). A grading permit was issued in September for the site and the site is being prepared for imminent building construction. PROPOSED AMENDMENTS Exhibit A of Ordinance 855 shows floor plan and bedroom breakdowns for 120 condominium units as follows: Units Approved by Ordinance 855 Bedrooms Area* Units % of Total 1 BEDROOM 800 s.f. 12 10% 2 BEDROOM 2,975 s.f. 83 49% 3 BEDROOM 1,350 s.f. 25 21% TOTAL 120 units** NOTES: * The size threshold was not specified in the ordinance. Therefore, the assumption is that the size is a minimum unit size. ** A maximum of 126 units are allowed by Ordinance 855 The applicant is requesting to amend the above provisions as follows: Proposed Amendment to Ordinance 855 Bedrooms Area (Minimum) Area (Average) Units % of Total 1 BEDROOM 978 s.f. 1,010 s.f. 61 41% 2 BEDROOM 1,205 s.f. 1,468 s.f. 64 43% 3 BEDROOM 1,958 s.f. 2,371 s.f. 25 17% TOTAL 150 units According to the applicant, the change is being requested in order to secure the financing necessary to build all three sides of the Plaza Mayor, which will now include condominiums on two sides and a hotel on the third side. The applicant states that the proposed sizes are geared toward young professionals. The top floor will include larger units and penthouses while the lower floors will include the smaller units as broken down above. WESTLAKE ENTRADA RESIDENTIAL ANALYSIS A maximum of 322 residential units were approved for the Westlake Entrada development by Ordinance 703, which is the ordinance that approved the PD1-2 (Westlake Entrada) zoning district and contains the primary development regulations for Westlake Entrada. Ordinance 703 does not specify any details on condominiums and prescribes that the size, number and configuration for any condominium units shall be approved by a separate Specific Use Permit, provided the total number of units does not result in exceeding the 322 total units allowed within the development. To date, a total of 30 residential building permits have been issued in the development – all single family homes. If approved, the proposed SUP amendment would increase the total units Page 3 of 4 authorized for construction to 180 units (30 permitted, 150 condominiums units approved for permitting), leaving a remainder of 142 residential units available for future approval as authorized by Ordinance 703 and 852. Ordinance 852 (attached), amending Ordinance 703, limits the amount of residential units that may be constructed based on the amount of non-residential buildings that have been permitted, further stated as follows: “From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1,500 sq. ft of nonresidential use building space has been permitted for each additional Residential Unit permitted.” The 45,000 square foot threshold mentioned above has been met based on the final approval of the retail corner slab. Therefore, given these requirements the following spreadsheet demonstrates compliance with Ordinance 852 conditions based on the proposal by the applicant: Westlake Entrada Development Activity Non-Residential Building Permit Issued to date Building Area (s.f.) Status CVS Drugstore 13,741 Completed Primrose Academy 12,012 Completed Senderra Title Building 3,463 Completed Retail Corner Building 86,672 Framing Restaurant A 15,422 Framing Gas Well Pad Parking Garage 148,398 Site Grading Restaurant B & C 22,414 Slab Construction Total 276,369 *Total Residential Units Allowed Based on Permitted Non-Residential Square Footage: 184 Units Total Residential Proposed (150)/Permitted (30) 180 Units Difference +4 Units *Per Ordinance 852 conditions SUMMARY AND RECOMMENDATION The developer, Centurion American, requests an additional 24 condominium units be approved in order to secure the necessary financing to construct all three sides of the Plaza Mayor. The request also includes modified unit sizes and bedroom distributions. All other conditions contained in SUP Ordinance 855 would remain. Additionally, the request complies with the residential-to- commercial performance criteria contained in Ordinance 852. Therefore, staff recommends approval subject to all other existing provisions of Ordinance 855 not proposed for amendment remaining as currently written. Page 4 of 4 ATTACHMENTS 1. Ordinance 855 – Approving SUP for 124 Condominium Units 2. Ordinance 854 – Approving a Site Plan for the Plaza Mayor 3. Ordinance 852 – Approving Amendments to Ordinance 703 4. Ordinance for consideration 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 1 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 Fagade Signage b. Monument Signage c. Wayfinding Signage Ordinance 855 Page 2 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 3 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: 1xi C11z t Kell; EdwarO own Secretary 7 Laura Wheat, Mayor li: 7 Thomas E. ry , Town Manager Ordinance 855 Page 4 of 5 Ordinance 855 Ordinance 855 Ordinance 855 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO Amount Cols Depth 603646 0003677882 TOWN OF WESTLAKE ORDINANCE NO. 855 A ORDINANCE NO 855 509.04 1 42.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE,TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ,Bid and Legal Coordinator for the Star-Telegram,published by TOWN OF WESTLAKE the Star-Telegram, Inc.at Fort NO. 855 AN ORDINANCE OF THE TOWN OF Worth, in Tarrant County,Texas;and PPROV ESTLAKE, FECAUS SEAPERM- who, after being duly sworn,did TO ALLOW FOR 126 CONDO- depose and say that the attached MINIUM UNITS LOCATED IN THE ENTRADA PLAZA MAYOR clipping of an advertisement was FOR A PORTION OF PLANNED paperpublishedintheabovenameda DEVELOPMENT DISTRICT 1, p p PLANNING AREA 2(PD1-2),ES- I on the listed dates: TABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERAL- LYSDE OFTEDHWYON 114, H EASTUTH OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COM- 1 Insertion(s) MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- Published On: INC A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY May 23,2018CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTAB- LISHING AN EFFECTIVE DATE. SECTION 5: Any person,firm or corporation violating any of the provisions or terms of this ordi- nance 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 52,000. 00) for each offense. Each day that a violation is per- mitted to exist shall constitute a rate offense. PASSF_DANDAPPROVEDONTHIS21.5T11. r0r-^14Y 2018. Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 25th day of May in the year of 2018 Notary Public-Deborah Bayr6r r. /` kVi DEBORAH JEAN BAYLOR i,:Notary Public,State of Texas 4r.; Comm. Expires 10-29-2019 0 Notary ID 13042344-2 Star-Te1egr1 Arlington Citizen-Journal 1 The Keller Citizen 1 La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102-63151800.778.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 1 Amount Cols Depth 603648 0003722755 TOWN OF WESTLAKE ORDINANCE NO. 855 A 1 $0.00 1 42.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day TOWN OF WESTLAKE personally appeared CHRISTINE ORDINANCE NO. 855 LOPEZ, Bid and Legal Coordinator forANNOF WESTLAKE ORDINANCE TTEXAS F THE TAPPROV- the Star-Telegram,published by theINGASPECIFICUSEPERMIT TO ALLOW FOR 126 CONDO- Star-Telegram, Inc,at Fort Worth, in THEI MINIUM SPLAZA MAYORIN Tarrant County,Texas;and who,after DEVELOPMENTT OF PLANNEDTRIIbeing duly sworn,did depose and say PLANNING AREA 2(PD1-2), ES- that the attached clipping of anTABLISHEDBYORDINANCE703 FOR THE PROPERTY GENERAL- advertisement was published in theLYLOCATEDONTHESOUTH SIDE OF HWY 114, EAST OF above named paper on the listedDAVIS, AND NORTH OF SOLANA BOULEVARD, CoM- dates: MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- ING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTAB- 2 Insertion(s)LISHING AN EFFECTIVE DATE. SECTION 5: Any person, firm or corporation violating any of the Published On: provisions or terms of this ordi- nance shall be subject to the June 20,2018,June 21,2018samepenaltyasprovidedforin 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 per-0"'1""ii. DEBORAH JEAN BAYLORmittedtoexistshallconstitutee:`•,&y,, a separate offense. PASSED e:`• Notary Public,State of TexasANDAPPROVEDONTHIS21ST1DAYOFMAY2018. c, Comm. Expires 10-29-2019 Ir•....•c+..o°F•C Notary ID 13042344-2 Shil2its_.Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of July in the year of 2018 Notary Public-Deborah Baylor Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO I Amount Cols Depth 603646 0003722755 TOWN OF WESTLAKE ORDINANCE NO. 855 A 0.00 1 42. 00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day TOWN OF WESTLAKE personally appeared CHRISTINE ORDINANCE NO. 855 LOPEZ, Bid and Legal Coordinator for AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROV- the Star-Telegram,published by the ING A SPECIFIC USE PERMIT Star-Telegram,TO ALLOW FOR 126 CONDO gam, Inc.at Fort Worth, in THEIUM ENTRADASPLAZA MAYORLOCATEDITarrant County,Texas;and who,after FOR A PORTION OF PLANNED being duly sworn,did depose and sayDEVELOPMENTDISTRICT1, PLANNING AREA 2(PD1-2), ES- that the attached clipping of anTABLISHEDBYORDINANCE703 FOR THE PROPERTY GENERAL- advertisement was published in the LY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF above named paper on the listed DAVIS, AND NORTH OF dates:SOLANA BOULEVARD, COM- MONLY KNOWN AS WESTLAKE ENTRADA. PRO- VIDING A PENALTY; PROVID- ING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING 2 Insertion(s)PUBLICATION; AND ESTAB- LISHING AN EFFECTIVE DATE. SECTION 5: Any person, firm or corporation violating any of the Published On: provisions or terms of this ordi- nance shall be subject to the June 20,2018,June 21.2018 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 per- DEBORAH JEAN BAYLOR mitted to exist shall constitute a separate offense. PASSED n=Notary Public, State of Texas AND APPROVED ON THIS 21ST N: :._DAY OF MAY 2018. a Comm. Expires 10-29-2019 Notary ID 13042344-2 Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of July in the year of 2018 Notary Public-Deborah Baylor 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 (PD 1-2), 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 1 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 2 of 6 1) 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 fagade 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 3 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 Fagade 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, cafe 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 4 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: Kekly Edw s, Town Secretary La Wheat, Mayor homas E. r , T wn Manager APPRO D AS T(k'O o. 4A tanton L ,, ovyn-Attorney" G' TE'*_,.. Ordinance 854 Page 5 of 6 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast I Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800. 776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PC) 1 Amount Cols Depth 603646 0003877875 TOWN OF WESTLAKE ORDINANCE NO. 854 A 464.80 1 40.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me, a Notary Public in and for ROANOKE,TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: TOWN OF WESTLAKE ORDINANCE NO. 854 AN ORDINI.AKEE DEXAS TAPPRN OVF ING A PLANNED DEVELOPE 2 Insertion(s) PLAN DISTRICT PORTION OF PLANNED DEVELOPMENT SDIS Published On: TRICT 1, PLANNING AREA 2 PD1-2), ESTABLISHED BY OR- May 23, 2018,May 24,2018 DINANCE 703 FOR THE PROP-ERTY GENERALLY LOCATED 14ON EAESOUOFTDAVIIS, AND H NORTSIDEOFHYH ': OF SOLANA BOULEVARD,,sCOMMONLYKNOWN WESKE ADPROV D-VIDINGTLAA PENALTY;ENTR ING A CUMULATIVESEVERABIL TY ,PROVIDING A CLAUSE; PROVIDAUTHORIZANG INGS CLAUNE; AND ESTAB- L SHINGTAN EFFECTIVE DATE. 1.SECTION 5: Any person,firm or i corporation violating any of theprovisionsortermsofthisordi-e nance hll be as p olect vided forlin I same penalty the Code of stlake, and(upon Town of Westlake, untshable Principal Clerk) conviction shall be D chciv a fine not to exceed theDollars I of Two Thousand 2,000.00) for each, offense. SUBSCRIBED AND SWORN TO Each day that a violation is per- mitted to exist shall constitute BEFORE ME,THIS 25th day of IAND APPROVED ON THIS 21ST May in the year of 2018 DAY OF MAY 2018. Notary Public-Deborah Bay or o"py'i''/, DEBORAH JEAN BAYLOR i: ?-6:Notary Public, State of Texas Q 14:,;.;', ,. Comm. Expires 10-29-2019 Notary ID 13042344-2 TOWN OF WESTLAKE ORDINANCE NO. 852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 703 WHICH APPROVED PLANNED DEVELOPMENT ZONING DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 703 established Planned Development District 1-2 (PD 1-2), commonly known as Westlake Entrada, an approximately 85.9 acre tract generally located between Davis Boulevard, Solana Boulevard and State Highway 114; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 16, 2018 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 703 contained herein; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 703 should be approved and adopted. Ordinance 852 Page 1 of 4 NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 703 are hereby authorized: Section 3. 1: Pace of Residential Use Development within PD1 -2: 3. 1. 1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. "First year of active development" is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft of nonresidential use building space has been permitted for each additional Residential Unit permitted. 3. 1. 3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six -months of being included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period offour years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or Ordinance 852 Page 2 of 4 extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearingprocess that a zoning change is required to adhere to by State law. Site Approval Exceptions: Legislative approval of a site plan shall not be required for the following site plans: a. Single-family residential homes; b. Small non-residential buildings where the building footprint does not exceed S,000 square feet of gross floor area. Site plans that qualify for the exceptions noted above shall only require administrative approval by the Town Manager or designee. In reviewing said site plans, the Town Manager or designee may, in any instance, defer the consideration and approval of said site plan to the Town Council upon the recommendation of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied by the Town Manager or designee, then the applicant may appeal said decision to the Town Council upon the recommendation of the Planning and Zoning Commission. Providing for the exception provision above, all site plans plan submissions shall otherwise meet the requirements of this ordinance and other pertinent Town regulations. In the event that an ordinance provision contained in Ordinance 703, or another regulation adopted by the Town Council, conflicts this exemption provision, this exemption provision shall supersede said conflicting provision. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 852 Page 3 of 4 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections,paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase,clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30th DAY OF APRIL 2018. ATTEST: Laura Wheat, Mayor KeO Edwards, Town Secretary Thomas E. Ary (Ywn Manager APPRO D-S O F 'RM: vqEST ton L Attorney 7 E Ordinance 852 Page 4 of 4 Star-Thiegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast I Weatherford Star-Telegram star-telegram,com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification WESTLAKE PO Amount Cols Depth 603646 0003645791 TOWN OF ORDINANCE NO.852 Al 5448.44 1 37.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE, TX 762627940 said County and State,this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star-Telegram, published by the Star-Telegram, Inc. at Fort Worth, in Tarrant County,Texas;and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: TOWN OF WESTLAKE ORDINANCE NO.852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMEND- 2 Insertion(s) ING ORDINANCE 703 WHICH APPROVED PLANNED DEVEL- OPMENT ZONING DISTRICT 1- 2 Published On: PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY May 04,2018,May 05,2018 LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULE- VARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PEN- ALTY; PROVIDING A CUMULA- TIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFEC- TIVE DATE. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction o shall be punishable by a fine not i to exceed the sum of Two Thou- sand Dollars ($2,000.00) for Principal Clerk) each offense. Each day that a violation is permitted to exist shall constitute a separate of- SUBSCRIBED AND SWORN TO Tense. PASSED AND AP- Ii-ROVi=D ON THIS 30th DAY Or BEFORE ME. THIS 11th day of APRIL 2018. May in the year of 2018 Notary Public-Deborah Bay or 511117/ •PY' • DEBORAH JEAN BAYLOR Notary Public, a Comm. ExpiresSt10-29.2019 tecfTexas NOiary ID'C 13042344-2 StarmeN. Arlington Citizen -Journal I the Keller Citizen I La Estrella Mansfield News -Mirror I Star -Telegram Northeast I Weatherford Star -Telegram 5"r4>101e9r81104=m 1808 Throakmorton 8L I Ft Worlb, TX 78102.83161800.778.7827 AFFIDAVIT OF PUBLICATION 603946 J 0003645791 I TOWN OF WESTLAKE ORDINANCE NO. 852 Ai Attention: TOWN OF WESTLAKE 1301 SOLANA BLVD BLDG 4 STE 4202 ROANOKE, TX 762627940 A 1448.441 1 137.00 U THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared CHRISTINE LOPEZ, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc, at Fort Worth, in Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertior>(s) Published On: May 04, 2018, May 05, 2018 r 1015 . ...... ~ 171 SUBSCRIBED AND SWORN TO BEFORE ME, THIS 11th day of May in the year of 2018 Notary Public - Deborah Bay r W111, DEBORAH JEAN SAYLOR Notary Public, State of Texas ye Comm. Expires 10-29-2019n„.a` NotaryID 3042344-2 Planning and Zoning Item # 4 – Adjournment Regular Session Back up material has not been provided for this item.