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HomeMy WebLinkAbout09-30-19 TC Agenda Packet � •�/ / / I I I / /'/ '/ . / I / I / / I I I / � � � Vision Statement An oasis of natura/beauty that maintains our open spaces in balance with distinctive deve%pment, trai/s, and qua/ity of/ife amenities amidst an ever ex,nanding urban/andsca,ne. � • . � . � � 1 1 ' 11 • ' . . . • . � : � . 11 • • • . � - . . . . 1 1 � Mission Statement West/ake is a unique community b/ending preservation of our natura/environment and viewscapes, while ser�ing our residents and businesses with superior municipa/and academic services that are accessib/e, e�cient, cost-effective, and transparent. West/ake Texas- "One-of-a-kind community; natura/oasis-,nro�iding an exceptional level of service." ..- . Work Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 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. Any person desiring to make a public comment must first be recognized by the presiding officer, and sign in at the podium with their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding officer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. 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. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. 5. DISCUSSION ITEMS a. Presentation and discussion regarding an Economic Development Agreement with the Marriott Solana. b. Presentation and discussion regarding an annual update from Texas Student Housing. c. Presentation and discussion regarding the proposed revisions to Chapter 26 of the Code of Ordinances including adding a third alternate member to the Planning & Zoning Commission, revisions due to the legislature, and the application submittal process. d. Standing Item: Presentation and discussion of development projects per Staff Report August 2019 including an Entrada report from the Developer, projects in Planned Development PD 3-5. 6. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Entrada - Waterside Land Company LLC - Front 44 Page 2 of 5 b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake 7. RECONVENE MEETING 8. COUNCIL RECAP / STAFF DIRECTION Regular Session will begin immediately following the work 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. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on August 20, 2019. b. Consider approval of the minutes from the meeting on August 26, 2019. c. Consider approval of the minutes from the meeting on September 9, 2019. d. Consider approval of Ordinance 894, Amending Chapter 30, Courts, Article II, Municipal Court by adding Section 30-41, designating the position of Juvenile Case Manager. e. Consider approval of Ordinance 895, Amending Chapter 26, Community Development, in its entirety: adding a third alternate to Planning & Zoning Commission; amending application submittal processes; and amending administrative appeals to the Zoning Board of Adjustment. f. Consider approval of Resolution 19-28, Approving changes to the Town of Westlake's vacation and sick leave policies, and the incorporation of these amended policies into the Town of Westlake Personnel Manual. g. Consider approval of Resolution 19-29, Authorizing an Interlocal Agreement with Tarrant County for the reconstruction of Roanoke Road, Pearson Road and the Westlake Maintenance Building parking lot, authorizing the Town Manager to execute the agreement and authorizing town staff to make funding changes not to exceed $25,000 on this project. h. Consider approval of Resolution 19-30, Approving an Economic Development Agreement with the Marriott Solana Hotel. Page 3 of 5 4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 19-31, APPROVING A PRELIMINARY SITE EVALUATION PRELIMINARY SITE EVALUATION FOR AN APPROXIMATELY 37.798-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 7, KNOWN AS SPENCER RANCH. THE PROPERTY IS GENERALLY LOCATED AT THE SOUTHEAST CORNER OF ASPEN LANE AND PEARSON ROAD. 5. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: c. 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: - Entrada - Waterside Land Company LLC - Front 44 d. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake 6. RECONVENE MEETING 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 8. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under��Future Agenda Item Requests", an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item's relationship to the Council's strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. Use of public (rentable) scooters and bicycles within the Town limits. — Mayor Wheat Page 4 of 5 9. AD]OURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, September 26, 2019, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Kelly Edwards, 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. Page 5 of 5 Town Cou nci I Item # 2 — Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indi�isible. " Town Cou nci I Item # 3 — Citizen Comments CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. Any person desiring to make a public comment must first be recognized by the presiding officer, and sign in at the podium with their name and address. Individual citizen comments are normally limited to three (3) minutes; however, time limits can be adjusted by the presiding ofFicer. The presiding officer may ask the citizen to hold their comment on an agenda item if the item is posted as a Public Hearing. 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 Cou nci I Item # 4 — Review of Consent Items REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. a. Consider approval of the minutes from the meeting on August 20, 2019. b. Consider approval of the minutes from the meeting on August 26, 2019. c. Consider approval of the minutes from the meeting on September 9, 2019. d. Consider approval of Ordinance 894, Amending Chapter 30, Courts, Article II, Municipal Court by adding Section 30-41, designating the position of Juvenile Case Manager. e. Consider approval of Ordinance 895, Amending Chapter 26, Community Development, in its entirety: adding a third alternate to Planning & Zoning Commission; amending application submittal processes; and amending administrative appeals to the Zoning Board of Adjustment. f. Consider approval of Resolution 19-28, Approving changes to the Town of Westlake's vacation and sick leave policies, and the incorporation of these amended policies into the Town of Westlake Personnel Manual. g. Consider approval of Resolution 19-29, Authorizing an Interlocal Agreement with Tarrant County for the reconstruction of Roanoke Road, Pearson Road and the Westlake Maintenance Building parking lot, authorizing the Town Manager to execute the agreement and authorizing town staff to make funding changes not to exceed $25,000 on this project. h. Consider approval of Resolution 19-30, Approving an Economic Development Agreement with the Marriott Solana Hotel. Town Cou nci I Item #5 — Discussion Items DISCUSSION ITEMS a. Presentation and discussion regarding an Economic Development Agreement with the Marriott Solana. b. Presentation and discussion regarding an annual update from Texas Student Housing. c. Presentation and discussion regarding the proposed revisions to Chapter 26 of the Code of Ordinances including adding a third alternate member to the Planning &Zoning Commission, revisions due to the legislature, and the application submittal process. d. Standing Item: Presentation and discussion of development projects per Staff Report August 2019 including an Entrada report from the Developer, projects in Planned Development PD 3-5. Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Workshop - Discussion Item oisriNcrivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToP�C: Presentation and discussion regarding an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. STAFF CoNTAc'T: Debbie Piper, Finance Director Strategic Ali�nment i i � . � . . , ; . . � � - � � Exemplary Service&Governance -We set the standard by delivering Increase Revenue Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Streams educational services at the lowest cost. Time Line- Start Date: October l, 2019 Completion Date: September 30,2019 Funding Amount: $130,000 Status - Funded Source-VAF (Hotel Tax) Contract: Yes Forms: Forms 1295 &2270 EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This proposed twelve (12) month economic development grant agreement includes both the "Shuttle Bus Transportation Cost" as well as the "Incentive Program". If approved, this would be the tenth consecutive year the Town has partnered with the Marriott Solana Hotel regarding the "Incentive Program". Prior to this, the Town participated in only the Hotel's shuttle bus system costs. Below is a description of both portions of this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. Page 1 of 4 • Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been proposed in FY 19-20 budget far the Town's participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. This is the same amount adopted in the prior year. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to the property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. • Group Business Incentive Program. The proposed FY 19-20 budget for this portion is $50,000. Staff inet with Marriott management to discuss the down-turn in the current year's use of these funds that is estimated to be approximately $16K of the available $50,000. Based on the influx of competition with new properties and discussions with Marriott's marketing team, a different incentive is being proposed for the current year. Currently the Town is paying a maXimum of$7,500 for each group; 10%of the room night revenue up to a maximum of$5,000 and 10% of the food and beverage revenue up to a maximum of$2,500. Below are the details of the revised new group and local catering incentive program totaling $50,000: • Dollar amount back per room rather than percentage of overall program, based on a sliding scale to assist in closing business: 0 100-200 actualized total room nights - $10 back per room night 0 201-349 actualized total room nights - $12 back per room night 0 350+ actualized total room nights - $14 back per room night o Friday/Saturday peak with 50 actualized total rooms night - $10 back per room o Groups cannot have hosted event in last 18-months and the Marriott must be competing against another city and/or home city o Funds to still cap at $5,000 per group • Dollar amount back per person rather than percentage back of overall program, based on a sliding scale to assist in closing business o $4,000 Food and Beverage Minimum Contracted - $6 back per person o $6,000 Food and Beverage Minimum Contracted - $8 back per person o $8,000+Food and Beverage Minimum Contracted - $10 back per person o Groups cannot have hosted an event in the last 18-months and the Marriott must be competing against another city and/or home city Page 2 of 4 o Funds to remain caped at $2,500 per local group Marriott management is hoping this revised program will help with local catering events, i.e. banquets, proms, weddings, etc. This proposed grant agreement is a reinvestment in the tourist sector of the Town's economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such,this agreement also includes "claw back"provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally,if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel's management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The Town receives 7% of the 13%hotel/motel occupancy taX allowed by State law. The current budget contains an estimated receipt of$820K of which $780K is likely to be from the Marriott. This represents approximately 5% of the total municipal operating revenue stream and is derived primarily from the Town's only hotel,the Marriott Solana. The remaining estimated $76K is received from Deloitte University. Of the total $76K, only 50% is retained by the Town due to an economic development agreement. Budgeted revenues for FY 19-20 are proposed to remain flat. In the past, the Town has utilized hotel/motel occupancy taX funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs. The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town's Adopted Strategic Plan Vision Points. RECOMMENDATiON Recommend adoption of the resolution approving this economic development grant agreement (on consent). Page 3 of 4 ATTACHMENTS The attachments are under the consent agenda for this item. Page 4 of 4 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Workshop - Discussion Item oisriNcrivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToP►c: Presentation and discussion regarding an annual update from TeXas Student Housing. STaFF CoNTaCT: Kelly Edwards, Town Secretary Strategic Alignment i i � . � . . , � . . � � - � i Informed&Engaged Natural Oasis-Preserve& Citizens/Sense of Citizen, Student& Maintain a Perfect Blend of the Encourage Westlake's Community Stakeholder Community's Natural Beauty Unique Sense of Place Time Line- Start Date: September 30, 2019 Completion Date: September 30,2019 Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(iNCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Texas Student Housing Authority (TSHA) will present a status report and update on their agency, an instrumentality of the Town whose Board is appointed by the Town Council. TSHA representatives will be present at the Town Council's workshop for this presentation, to answer questions, and discuss the TSHA with the Council. This agenda item carries out the Town Council's Citizen Advisory Board/Committee/Affiliate Relations and Communications Policy adopted December 8, 2008. RECOMMENDATION Review and discussion of the presentation material. ATTACHMENTS None Page 1 of 1 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Workshop - Discussion Item oisriNcrivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToP►c: Presentation and Discussion regarding amending Chapter 26-Community Development, Town of Westlake Code of Ordinances, in its entirety: adding a third alternate to Planning& Zoning Commission; amending application submittal processes; and amending administrative appeals to the Zoning Board of Adjustment. STAFF Co1v'rAc'T: Ron Ruthven, Planning and Development Director Strategic Alignment i i � . , . ., ; . . � � - � � High Quality Planning, Design & Planned/Responsible Cirizen, Student& Development-We are a desirable well preserve Desirability Dcvelopment Stakeholder Planned, high-quality community that &Quality of Life is distinguished by exemplary design standards. Time Line- Start Date: September 30, 2019 Completion Date: September 30,2019 Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (TNCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item provides an opportunity to discuss this topic, which is listed on the consent agenda for approval. Staff proposes amendments to Chapter 26 —Community Development in the Code of Ordinances that address three key areas: development applications, adding Planning and Zoning Commission alternate, and amending administrative appeals requirements to the Zoning Board of Adjustment. Other minor changes are proposed as well that address discrepancies, clarifications and name changes. The following is a breakdown of the proposed major changes noted above: Page 1 of 2 Development applications (Section 26-61)— Staff proposes adding a more detailed explanation of what constitutes a "complete" application as well as adding a pre-application submittal conference requirement. These changes are somewhat a response to House Bill 3167, approved by the Texas Legislature in June, which adds requires municipalities to approve certain plans within a prescribed timeframe. Planning and Zoning Commission Alternate (Section 26-67) — This item would add a third alternate to the Planning and Zoning Commission,resulting in a total of eight Commissioners. The alternate could discuss items and ask questions in a meeting but would not be able to vote on an item unless a regular member was absent or abstaining. The purpose of this proposal is to ensure a quorum of Commissioners is present at every meeting. Administrative appeals to the Zoning Board of Adjustment (Section 26-68) — This item is responsive to House Bill 2497, which alters the administrative appeal requirements for the board and is applicable to all zoning boards statewide. The effect of the language is to eXpand the ability to appeal an administrative decision to the affected property owner and property owners within 200 feet of the affected property. The proposed changes to Chapter 26 would take effect immediately. RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS None Page 2 of 2 T H E T � W H 0 F 1111E TL � KE D1STfNCTI1fE BY DE51GN DEVELOPMENT REPORT AUGUST 2019 i i � � ► I � � � I � � � � �. � � . 1 I ' � ' � �. , � � rv. � � u�0 6 ' +� �4\�_ �. � o� Tq City of Q o��, _: _. �-.� a � °�tiy Town of a a �,,A�NST - � - -=°O �``'e�� Trophy Club Roanoke ,�,o ,�...��-::.-._::_ -.__��� Q° ��'��� ° - - . 0� p � sciiwAewnv� � -`` o� �l 3 � ro� '�' + '��- O o 0 � 72 las as ° ��- I'ARISH LN `��� � A /5 � � �Ris ,: Q r�" _" �P �����y____-_-_ ls _ ___-_-_-_-_ - -_J�.., _-_�`�,1-_____--�-_-_-_-_-_-_-_-_-_-�PN�REE�_- - - _-_-_ _ -_-_-_ �T/NGER RD I lY' �," �SHt119 � �/.. I � f J J� ..._-_ ' 329_ 2� �� � � �.•'�j---��-. �C/ �j �� i .�'� 40�........._ � O 'p �� fr'" ; .e ��3�Y3�8��_.. .... O ��� 'i `� �.��. 36 � SH 170 ❑ ❑ � � �;"�\ 3� 37 ���� SH 170 I /� - - �� ��J � `/ �// �280 Q �•'1. � �I�ELITV INVESTMENTS ��CJ� �� � O � � ���+ �` JO ;�� � - iJ � �� � ���.:\ KWOQ�6 ����,� �,� �f � � ' Q S GRANA�A O �`` NaB�-J� �t`�'�. ��' - � 13 SpL- 50��'^���� �ANA-��UD___ �/� � Clty Of ^�:' � � � _ $ o m� �� `, :� � DOVERD � �S I1� Fort Worth:�" \} 0` �=� � �� �.' ��r�� •� 1 51 � o I 0 v �, � 1 � r r � o � f s o � I �o t � ,9 SHELBY ESiAiES y A ,; � 1 .�n �'� �Q ;; \� 14 I \ l� z y yilO `.r- --I�� --_'�^`- 5 � o� � 0 � QUAIL HOLLOW � � Q City of � City of � Keller � Southlake 0 > � � ] � a �--�� �� NORTH � 1 in = 0.47 miles VAQUERO-ARiHUR - 0 0.275 0.55 1.1 Miles I i i i I i i i I ' I � I ' 1 � ' � ' � 1 ' 1 1 ' ► � � � � Project / Number of Percent Estimated Project No. Development Lantl Use Size Development Status Lots/Units Complete Completion Name 5 Vaquero Residential 296 510 acres 270/296 lots under construction or completed 89.19% 2025/2026 Charles 11, 45, 46, 47 Schwab Office 554,000 29 acres Phase 1 under construction; nearing completion 80% Fall 2019 Phase 1 13 Granada Residential 84 84 acres 67/84 lots under construction or completed 68.45% 2022/2023 14 Carlyle Court Residential 8 10 acres 8/8 lots under construction or completed 81.25% 2020 15 Knolls at Residential 56 62.5 acres Infrastructure improvements under construction 60% 2019/2020 Solana 17 Quail Hollow Residential 96 188 acres 13/96 lots under construction 6.77% 2030+ 19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% 2021/2022 Charles 23, 72, 73 Schwab Office 616,000 30 acres Phase 2 site work under construction; 15% 2021 Phase 2 Buildings proceeding vertical 25 Spec's Retail 1 12,000 sf Additional square footage/remodel under 100% 2019 construction; completed 3 1 1 ' ► � � � � Project / Number of Percent Estimated Project No. Development Lantl Use Size Development Status Lots/Units Complete Completion Name J: 6 units Block J has 6/6 lots currently under construction Entrada I: 12 units 2,700sf- 28 Residential Residential E: 12/14 units 4,500sf Block I has 12/12 lots currently under construction 5.90% N/A 322 total Block E has 12/14 lots currently under construction 29, 30 C�edp Retail Retail/Office 4 S f0,000 Retail corner under construction 60% 2019/2020 Hospitality, 34 Entrada Plaza Mayor Condominium, 4 5 acres Project on hold; -% 2022 Retail Restaurant Row/ A: 35, 38, 40, Chapel & Reception Restaurants/ 15,422 sf o 43, 71 Hall/Gas Well Entertainment 5 B��: Under construction 30/0 2019/2020 Garage 22,414 sf 51 Paigebrooke Residential 6 20 acres 4/6 lots under construction or completed 66.66% N/A 4 � � � i � � i � � � � � Subdivision Development Percent Plat Date Total Lots Vacant Lots Acres Permits Issuetl Finals Issued Name Status Complete Carlyle Court 3/7/2016 8 0 10.2 Under 8 5 81.25% development Carpenter 12/9/1977 14 0 31.6 Built-out 14 14 100.00% Addition Entrada 12/14/2015 322 2g2 85 g Under 30 5 5.90% development Glenwyck 3/13/2000 84 0 104.3 Built-out 84 84 100.00% Farms Granada 6/17/2013 84 17 84.3 Under 67 48 68.45% development Knolls at Solana - 56 56 62.5 Under 0 0 0.00% development Paigebrooke 3/8/2004 6 2 20.3 Under 4 4 66.67% development Quail Hollow 3/28/2016 96 84 188.3 Under 13 0 6.77% development Shelby Estates 4/7/1981 6 0 65.7 Built-out 6 6 100% 5 � � � i � � i � � � � � Subdivision Development Percent Plat Date Total Lots Vacant Lots Acres Permits Issuetl Finals Issued Name Status Complete Spencer Ranch - 38 38 37.8 Concept Plan 0 0 0.00% Approved Stagecoach 8/16/1971 47 6 55.5 Mostly built-out 41 40 86.17% Terra Bella 11/11/2008 26 1 54.8 Under 25 20 86.54% development Vaquero 3/27/2000 296 26 510 Mostly built-out 270 258 89.19% Wyck Hill 4/3/1996 13 2 22.4 Mostly built-out 11 11 84.62% Other/Miscellan _ 25 2 - Mostly built-out 23 21 88.00% eous Total 1,121 524 1,333.60 597 520 49.82% 6 � 1 I 1 1 1 � 1 ' 1 � •. • - ',� - '^ +yi " .I ,Z �- �' ��'► `• Y'F� ,f "' --r��` r - r�tr.'� . ., `� Retail Corner - � �'- _ ' �T ` ��� . ' ., `'4� �,. ' 't,�'! � r ���` ! � Piordniizz- � „ ` `/'�.n � ' F� ' ��,r� ►► � �� � �r� � � RP�o�dao9�iziz-r. . .. _ a: �_ -_�� R ♦ �� { - ��� _ .s�w . �i.,,�� .� " . ■�.���s _ R �* ,�_ _�� 1 Iny�� i+' � � _ ',� � •� �,-•T1 .f. t p� �.-� ..,'�:^a,?��,,.�.� .- _ H't . ' � ! �' . ' `7� •�+: � r! ..;� __ _ .«.... --- _ Amphitheater' 1�-. �<< � �� ' ' � r �•- � a ty�'ffi;t _�. _�. � __ �� ` �.�-'�. �.*� �}; �a _ . ' '«^ �y ���'�r' :' + _ ' :�sT p �� -�ta � ��3`'.�i �h •.� ' ,�� !` �� ,-:.�r� .. ' ` ARt�. - - _ �- � • ��I�+�r�i � �y v'. � f�F�.. � , _ Restaurant Row � � . . � :.l M 'i.' f ,ri � , :� ;�h' �� �': ~ �'�f" `,. e . � r � -� 4 4� �h N� ` �.' �i ����'�'�...• . . � + - - '� � ° :�' _-����:c. [ � �Block B � �� � • ...w���",- ' _ �-- ' �- ' / . ":+ � '"� , � -- �`'� - . � ��� � � , • - ;� ♦ � --�J Chapel/Reception Hall l -__ � ` `+ Gas Well Pad Site �'� � ' � - • x��''�9 ._ . 5P I O�r'�5�.3 14-30-1^0 - r I I C r r ;e 13-zs- \\ P --_- ..� .�+=� _-� �•, � � o�« f�`�-�� '( ti�� F� , n � � � ••I - } �e-- J � � •��- -. � •.� ��'Y i '�! .�l.. •�� ��'no +� � � �i. i !�-}- •..�— +*��• � . +� �r 1 I _ i� ��: '�,.-�;.1� • Town Hall � CVS � ' 1; �* 'i' �1� � � ' �7�c �z��c �- �i,,. r ti , ' �. , �'�.. * # � � f, ri��o�d i�i�iz-- � `�II , �r � �= ` � :��•..so • �.,�JI.� :�: � - -__�� •,��.,.s, �'o� �. � r` i � . d4 .. '� . .� � �. . .•. 'n%«•.;.^-;�'%-. P/ ,� ► \ '' 3 �,R � � y 3�,:,. , e� � � i II =:��::"i:�:::.. ,:: r . r. .,.� .,� !�. r r � � y ?,J �, . Primrose � �.� �� Plaza Mavor 4 �� a ,' 1R�-t . Pltase 2 ,�53 I 1v1= .,� � � ��o«ssa �i iz C9� � � .. /� �+6. •-�. ....... _ � � o_i� . ,, _�ivia-i�. � �O �,qP 9 J i �• � �- - �^' p ; • � _ •� s. • ' r1 M i � - y � � i � `,� ` � :,<;, o �o� ' _. f. .s � Y ,,, �; _ .� 1_ '9 :�_��_ � - -�= r � '�, � 'y ' ��-��` --- T���� �� � ��- - a Rlockf - � ���� - � � � � �;: 1 ��„.�� �% ,. . ��, - �`'� ��.' � `',.., ,,.y "'� � ' ��� ��, � ' � � F� � . �, � '� M k� -1: ' �, �� ; n � � ��r:�r� � �� + BUILDING LEGEND w�� ��.a � o s' • .' r r �.M1 ' � � * :!f•...• r'l:Fd; � ./> � - ` �� r ;� j�* '!.� �� � s���eaia�ae«���e � � rt� � }.� _ �.1 � ..:'^ f • ` ! '� ` !'r�Sr��.; �� � " a . ���''��►T��Rr'` ..�� `e �% � Block E(Comillas Courtl ��i_ � SteP�o��p�.,.:�-� ��^�' �. • � �: ,�'�^-.�- � 'v,r � ' Blo�k� � � . . „ • � , .... � .a, • � b�ock 1(Catalonia Courtl ` �. # • sP�" ' ;"°, „ �, � � �: A 1�� � � �� BuildingPe it,_c_iaccl �1 � ��� � -� �� RP I P �,10 I °��1_. � �'� `.� }� �' �i r I/ a_�S 16 - '1��i��+ ."���., �� ...�, � .,-16 � ��� ' '1 �•��j�� . � ���A tit. �'� � � ��'+� �F� emmme uo�e �, ..00� � . ��• .:Rlnckl � . ', i� A '� �� � � Z •� Block I(Piedra Courtl r �'� ' bi1J 9�m �� � - _ �.- . ..�� �.1.►�- ` � •T A 'J,�� o� �rd aa��z-z6-ia !� � � y}� �a� i.� ! '�� ' , �°j,R.�-� s �r';- �� f � . ! � �'irT � 7Y. rt, �y.'•�f..�t,��F��_1i� � a �S � � . �`' •� �•'� r� ' • I 'J y •�-1 � �,��a r• . � ._>.� �'._ � !, ` � !�' �r `r•�� r ii � ���� � r ,*`� �"'�µ ��. ��� �� .�a � + � ��� i �� � . � ' � . . ' ► � ' � Project Name Total Lots / Units Size Contractor Development Status Estimated Completion CVS Pharmacy 1 13,378 sf Wurzel Builders Completed February 2017 Primrose Daycare 1 12,460 sf Cooper General Completed May 2017 Contractors Entrada Sales Office 1 3,463 sf Crescent Custom Homes Completed June 2018 Retail Office: 43,336 sf Entrada Retail Corner 3 Starbucks: 2,834 sf Crescent Custom Homes Under construction 2019/2020 Retail 1: 1,370 sf Entrada Residential 6 4,500 sf avg Calais Custom Homes Under construction; 2019/2020 Block J 3 units complete Entrada Residential 14 5,000 sf avg Crescent Custom Homes Under construction; 2019/2020 Block E 5 units complete Entrada Residential 12 3,600 sf avg Pentavia/Atwood Under construction 2020 Block I Custom Homes Pedestrian Bridge 1 - Crescent Custom Homes Under construction; 2019 nearing completion Gas Pad Parking Garage 1 148,398 sf Crescent Custom Homes Under construction 2019/2020 s . � ' � . . ' ► � ' � Project Name Total Lots / Units Size Contractor Development Status Estimated Completion 2 lots A: 15,422 sf Under construction; Restaurant Row 3-6 restaurants B: 22,414 sf Crescent Custom Homes Restaurant A nearing 2019/2020 completion Chapel &Reception Hall 2 Chapel: 3,207 sf Crescent Custom Homes Under construction 2020 Reception Hall: 14,418 Condo A: 218,658 sf Entrada Plaza Mayor 4 lots Condo B: 131,571 sf n/a n/a n/a 150 condominium units Hotel: 95,048 sf Garage: 120,912 sf 9 Town Cou nci I Item # 6 — Executive Session 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: - Entrada - Waterside Land Company LLC - Front 44 b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake Town Cou nci I Item # 7 — Reconvene Council Meeting Town Cou nci I Item # 8 — Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports Town Cou nci I 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) Item # 2 — Items of announcements involving imminent threat to public health and Community Interest safety. ✓ Westlake Academy Danish&Dialogue w/School Leaders Thursday, October 3, 2019; 8:00 am-9:00 am WA Campus-Sam &Margaret Lee Fieldhouse Classroom -This month's topic: WA philosophy on techno%gy; Questions7 Contact Dr. Mechel%Bryson ✓ Coffee&Conversation with Council Member/Trustee and/or Town Manager Monday, October 7, 2019; 8:00-9:30 am NOTE NEW LOCATION: Westlake Fire-EMS Station No. 1, 2000 Dove Road (NW corner of Dove& Davis Blvd.) -All are we%me&encouraged to join Mayor Laura Wheat at our new Westlake Fire-EMS Station No, i for our first Coffee& Conversation at this location. We are so grateful to the Marriott for providing complimentary coffee& tea at all previous Coffees over the years but we just couldn't resist moving these Monday's with the Mayor to showcase our beautiful station for residents, WA parents, and our business partners! ✓ Board of Trustees Work Session/Meeting Monday, October 7, 2019* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers ✓ Westlake/Keller Animal Services Department presents Living with Wild Neighbors Tuesday, October 8, 2019; 6:00 pm Westlake Fire-EMS Station No. 1, 2000 Dove Road (NW corner of Dove&Davis Blvd) -Having troub/e with a few wild neighbors-like skunks,possums,snakes, coyotes, or many of their Friends? Then make plans to join us and our Animal Contro/Services team as they present information and ti,os to h%o al/eviate problems with our area wildlife. Watch for more details/ ✓ Public Art Competition Advisor�Committee Meeting Monday, October 14, 2019; 11:00 am* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers ✓ Planning &Zoning Work Session/Meeting Monday, October 14, 2019* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers ✓ Westlake Academy Open Tour for Secondary Grades 6-12 Thursday, October 17, 2019; 3:45-4:45 pm WA Main Entrance/Office- PYP Commons Area A/l tours wi/l begin in the Main Primary Years Bui/ding Commons Area at 4:00 p,m. Please arrive no ear/ier than 3:45,0,m, to a/low for school dismissal to be comp/eted Pre-registration is not necessary. Chi/dren are a/ways we%me to attend yet must be superuised by parents while touring the campus Thank you! ✓ Westlake Academy Homecoming &Games under the lights! Friday, October 18, 2019; Begins at 5:00 pm-JH &Varsity games WA Campus-Athletic Field; l/isit WestlakeAcademy.orq for more details or contact Coach Alan Burt ✓ 9th Annual Westlake Classic Car Show; Benefiting the Westlake Historical Preservation Society (WHPS); �isittheTown'swebsiteca/endarformoredetails: West/ake-TX.org Saturday, October 19, 2019; 11:00 am-4:00 pm (Awards presentation begins at 3 pm) 2902 School Road; East parking lot of Larry North Fitness/Solana Club - Questions?ContactJarrod Greenwood via email or at 817-490-5717 ✓ Annual Monster Mash (Open to all families in Westlake-great fun for all ages) Hosted by Westlake Academy's House of Commons(HOC;a PTO organization) Saturday, October 26, 2019; 4:30 pm— 10:00 pm WA Campus; Fa/l festival fun for a/l ages with many activities. �isit W,4-HOC.orq and/or WestlakeAcademy.org as details become a uailable. ✓ Town Council Work Session/Meeting Monday, October 28, 2019* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 -Council Chambers *For meetinq aaendas and detai/s on W,4 ca/endar events or Municipa/ca/endar events,please visit the Westlake Academy website or the Town of West/ake website for further assistance. Town Cou nci I Item # 3 — Consent Agenda CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on August 20, 2019. b. Consider approval of the minutes from the meeting on August 26, 2019. c. Consider approval of the minutes from the meeting on September 9, 2019. d. Consider approval of Ordinance 894, Amending Chapter 30, Courts, Article II, Municipal Court by adding Section 30-41, designating the position of Juvenile Case Manager. e. Consider approval of Ordinance 895, Amending Chapter 26, Community Development, in its entirety: adding a third alternate to Planning & Zoning Commission; amending application submittal processes; and amending administrative appeals to the Zoning Board of Adjustment. f. Consider approval of Resolution 19-28, Approving changes to the Town of Westlake's vacation and sick leave policies, and the incorporation of these amended policies into the Town of Westlake Personnel Manual. g. Consider approval of Resolution 19-29, Authorizing an Interlocal Agreement with Tarrant County for the reconstruction of Roanoke Road, Pearson Road and the Westlake Maintenance Building parking lot, authorizing the Town Manager to execute the agreement and authorizing town staff to make funding changes not to exceed $25,000 on this project. h. Consider approval of Resolution 19-30, Approving an Economic Development Agreement with the Marriott Solana Hotel. r H E r o w H o � WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 20, 2019 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, and Carol Langdon. ABSENT: Rick Rennhack and Michael Barrett OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Fire Chief Richard Whitten, Director of Planning & Development Ron Ruthven, Finance Director Debbie Piper, Director Facilities & Public Works Troy Meyer, and Keller Police Chief Mike Wilson. Reqular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 6:05 p.m. 2. DISCUSSION AND CONSIDERATION TO ACT ON THE FISCAL YEAR 2019-2020 PROPOSED TAX RATE, TAKE A RECORD VOTE, SET PUBLIC HEARING AND ADOPTION DATES. Town Manager DeGan provided a presentation and overview of the proposed tax rate. Town Council Minutes 08/20/19 Page 1 of 2 Discussion ensued regarding posting the slide deck on the Town's website and current property tax bill showing the PTR statement per household. MOTION: Council Member Goble made a motion to set the tax rate at $0.16018 and schedule the 1St public hearing on August 26, 2019 at 5:00 p.m., the 2nd public hearing on September 9, 2019 at 5:00 p.m., and to adopt the 2019-2020 budget and tax rate on September 23, 2019. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 3. AD]OURNMENT 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 3-0. Mayor Wheat adjourned the meeting at 6:13 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 30, 2019. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 08/20/19 Page2of2 r H E r o w H o � WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING August 26, 2019 PRESENT: Mayor Laura Wheat and Council Members Alesa Belvedere, Greg Goble, and Carol Langdon. Rick Rennhack arrived at 5:17 p.m. ABSENT: Michael Barrett OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager ]arrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Matt Butler, Fire Chief Richard Whitten, Deputy Chief John Ard, Finance Director Debbie Piper, Building Official Pat Cooke, Development Coordinator Nick Ford, Municipal Court Administrator Jeanie Roumell, 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 Keller Police Chief Mike Wilson. Work Session 1. CALL TO ORDER Mayor Wheat called the work session to order at 5:07 p.m. Mayor Wheat led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 08/26/19 Page 1 of 7 2. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Town Manager DeGan provided an overview of item h on the consent agenda. 3. DISCUSSION ITEMS a. Presentation and discussion from the Public Art Competition Advisory Committee regarding the committee's progress and site location. Public Art Committee members Mr. Robbin McCaffrey and Mr. Russell Tether provided a presentation and overview of the item. Discussion ensued regarding the work of art detracting from the art of the Fire Station, the selection process and committee artist recommendation, lighting, an overview of the four (4) finalists, and recommendation of location change to Solana Boulevard. Mayor Wheat moved to item 2 of the regular session to recognize Bara Church with a Proclamation, proclaiming September 13, 2019, Bara Church Day. Mayor Wheat then moved back to item b of discussion items. b. Presentation and discussion regarding the project summary of Fire-EMS Station No.1. Assistant Town Manager Greenwood provided a presentation and overview of the item. Discussion ensued regarding the project savings, fuel stations'canopies, additional landscaping, the public art allowance, and fuel station compliance. c. Presentation and discussion regarding the proposed amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. Assistant Town Manager Greenwood provided a presentation and overview of the item. Discussion ensued regarding cost of an air filtration system for a restaurant or bar area, the balance of residential and corporate stakeholders, prohibiting smoking by category, designating a time, an air current barrier, clarifying that only a restaurant with a bar could install an air filtration system, and only allowing smoking indoor with a filtration system. Town Council Minutes 08/26/19 Page 2 of 7 d. Standing Item: Presentation and discussion of development projects per Staff Report June and July 2019, including an Entrada report from the Developer, projects in Planned Development PD 3-5, and development related legislation approved by the Texas Legislature at the 2019 86th Regular Legislative Session. Director Ruthven provided a presentation and overview of the item. Schwab: Phase I construction, driveways and parking, Schwab Way, and Phase II construction. Fidelity: New signage and landscaping installation. The Knolls: Retaining wall, paving and utilities, landscaping, CCR's and Design Guidelines, and amending the definition of the conservation area regarding the Declarant. Entrada: Plaza Mayor, the gas well pad site, first residents, and frontage road from Davis Boulevard to Solana Boulevard should begin next summer. Construction: Davis Boulevard into Southlake and the speed for which the road was constructed. Director Ruthven provided an overview of HB 2439 - regarding the regulation of building materials and HB 3167 - regarding 30 day approval of plats, plans, specific conditions, and that the new legislation does not affect updating the new Building Codes. 4. EXECUTIVE SESSION Council did not convene into executive session. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Front 44 - The Knolls Town Council Minutes 08/26/19 Page 3 of 7 5. RECONVENE MEETING 6. COUNCIL RECAP / STAFF DIRECTION - Strategizing with Town Staff to market the public art. - Recognition of Mrs. Lee and the Public Art artist. - Review the Smoking ordinance, clarifying that only a restaurant with a bar could install an air filtration system, include language that the ordinance would be reviewed once a year, and no smoking on the patios of restaurants. 7. AD]OURNMENT Mayor Wheat adjourned the work session at 7:07 p.m. Regular Session 1. CALL TO ORDER Mayor Wheat called the regular session to order at 7:25 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of the upcoming events. 3. CITIZEN COMMENTS Neil McNabnay, 1815 Broken Bend, Westlake, spoke regarding The Knolls CCRs and the definition of the Conservation Area and rights. Director Ruthven provided an overview of the definition of the Conservation Area in The Knoll's CCRs. 4. CONSENT AGENDA a. Consider approval of the minutes from the meeting on ]une 17, 2019. b. Consider approval of the minutes from the meeting on August 7, 2019. c. Consider approval of Resolution 19-19, repealing Resolution 17-39 and adopting a Resolution updating the Facility Use Guidelines and Policies to include new procedures and rental spaces. d. Consider approval of Ordinance 887, Amending Chapter 78 Streets, Sidewalks and Other Public Places, Article III Town Owned Cemeteries, Section 78-60 Town Council Minutes 08/26/19 Page 4 of 7 I.O.O.F. Westlake Cemetery; Changing the name of the I.O.O.F. Cemetery to the Westlake I.O.O.F. Cemetery. e. Consider approval of Ordinance 888, Amending Chapter 18, Buildings and Building Regulations Article II, Codes, Sections 18-31 through Sections 18-60. f. Consider approval of Resolution 19-23, Approving the declaration of Covenants, Conditions, and Restrictions and Design Guidelines for the Knolls at Solana. g. Consider approval of Resolution 19-24, Adopting the 2019 Development Review Calendar and Submittal Policy. h. Consider approval of a Resolution 19-25, Accepting a generous donation, to be used exclusively, for the addition to the Sam and Margaret Lee Arts and Sciences Center located at 2600 JT Ottinger Road a donation. Mayor Wheat removed item f of the consent agenda for a separate vote. MOTION: Council Member Rennhack made a motion to approve items a through item h of the consent agenda. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. MOTION: Council Member Rennhack made a motion approve item f of the consent agenda by amending Article I, Definitions, Conservation Area by striking 'in addition to any Rules and Regu/ations as may be adopted by the Declarant unti/the expiration or termination of the Deve%pment Period and by the Board thereafter'from the definition. Council Member Langdon seconded the motion. The motion carried by a vote of 4-0. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 889, APPROVING A PLANNED DEVELOPMENT ZONING DISTRICT (PD) SITE PLAN FOR AN APPROXIMATELY 0.35-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD 3-56) AMENDING ORDINANCE 770 AND ORDINANCE 827 IN ORDER TO ALLOW THE CONSTRUCTION OF A RETAIL BUILDING ON THE CHARLES SCHWAB CAMPUS GENERALLY LOCATED ALONG SCHWAB WAY BETWEEN JT OTTINGER ROAD AND STATE HIGHWAY 114. Director Ruthven provided a presentation and overview of the item. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. MOTION: Council Member Goble made a motion to approve Ordinance 889. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 08/26/19 Page 5 of 7 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 890, UPDATING THE SOLANA PUBLIC IMPROVEMENT DISTRICT SERVICE AND ASSESSMENT PLAN AND ASSESSMENT ROLL 2018. Mr. Kyle Sikorski, P3 Works, provided a presentation and overview of the item. Discussion ensued regarding how the residents are notified of the taxes assessed in the PID and the communication between the PID management team, realtors and buyers. MOTION: Council Member Belvedere made a motion to approve Ordinance 890. Council Member Rennhack seconded the motion. The motion carried by a vote of 4-0. 7. CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH STATE LAW. THIS ITEM IS THE FIRST OF TWO PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX INCREASE. AS THE PROPOSED TAX RATE ($0.16018 PER $100) EXCEEDS THE EFFECTIVE TAX RATE ($0.14483 PER $100), TRUTH-IN-TAXATION REQUIRES THAT THE TOWN COUNCIL HOLD TWO PUBLIC HEARINGS ON THE PROPOSAL. THE SECOND PUBLIC HEARING WILL BE HELD ON SEPTEMBER 9, 2019, AT TOWN HALL. TOWN COUNCIL WILL VOTE ON THE TAX RATE DURING THE REGULAR MEETING ON SEPTEMBER 23, 2019. BOTH MEETINGS WILL TAKE PLACE AT TOWN HALL IN THE COUNCIL CHAMBERS AT 1500 SOLANA BLVD., BLDG. 7, STE., 7100, WESTLAKE, TEXAS. Town Manager DeGan, Assistant Town Manager Greenwood, and Director Piper provided a presentation and overview of the item. Discussion ensued regarding a breakdown of revenues showing development and sales taxes, the Schwab situs agreement, and defining shared services for the citizens. Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. 8. EXECUTIVE SESSION Council convened into executive session at 8:33 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.071 (2) Consultation with Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Trophy Club Municipal District No. 1 Town Council Minutes 08/26/19 Page6of7 b. Section 551.087 Deliberation Regarding Economic Development Negotiations (1) to discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) to deliberate the offer of a financial or other incentive to a business prospect described by Subdivision (1) for the following: - Front 44 - The Knolls 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:53 p.m. 10. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action necessary. 11. FUTURE AGENDA ITEMS No additional discussion required. 12. AD)OURNMENT 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 3-0-1. Rennhack abstained. Mayor Wheat adjourned the meeting at 9:53 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 30, 2019. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 08/26/19 Page7of7 T H E T 0 W H 0 F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 9, 2019 PRESENT: Mayor Laura Wheat and Council Members Greg Goble, Carol Langdon, and Rick Rennhack. ABSENT: Alesa Belvedere and Michael Barrett OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Fire Chief Richard Whitten, Director of Planning & Development Ron Ruthven, Finance Director Debbie Piper, Director Facilities & Public Works Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, Court Administrator ]eanie Roumell, Building Office Pat Cooke and Planning Coordinator Nick Ford. Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 5:28 p.m. 2. PLEDGE OF ALLEGIANCE 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 09/09/19 Page 1 of 4 4. CONDUCT A PUBLIC HEARING IN ACCORDANCE WITH STATE LAW. THIS ITEM IS THE SECOND OF TWO PUBLIC HEARINGS ON THE PROPOSED PROPERTY TAX INCREASE. AS THE PROPOSED TAX RATE ($0.16018 PER $100) EXCEEDS THE EFFECTIVE TAX RATE ($0.14483 PER $100). TOWN COUNCIL WILL VOTE ON THE TAX RATE DURING THE REGULAR MEETING ON SEPTEMBER 23, 2019. THE MEETING WILL TAKE PLACE AT TOWN HALL IN THE COUNCIL CHAMBERS AT 1500 SOLANA BLVD., BLDG. 7, STE., 7100, WESTLAKE, TEXAS. Town Manager DeGan, Assistant Town Manager Greenwood, and Director Piper provided a presentation and overview of the item. Discussion ensued regarding the percentage of the increase, Mayor Wheat opened the public hearing. No one addressed the Council. Mayor Wheat closed the public hearing. Mayor Wheat recessed the meeting at 5:56 p.m. to reconvene the Trustee meeting. Mayor Wheat reconvened the meeting at 6:27 p.m. with item 7 of the agenda. 5. CONSIDER APPROVAL OF RESOLUTION 19-26, ADDING A NEW ALTERNATE MEMBER TO THE PLANNING AND ZONING COMMISSION. Director Ruthven introduced Mr. Brad Swearingen to the Council. Discussion ensued regarding Alternate Commissioners attending and engaging in the discussion during the meetings even though they may not be a voting member for that specific meeting. MOTION: Council Member Rennhack made a motion to approve Resolution 19-26. Council Member Langdon seconded the motion. The motion carried by a vote of 3-0. 6. DISCUSSION AND CONSIDERATION OF ORDINANCE 891, APPROVING A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES STEERING COMMITTEE (��ACSC") AND ATMOS ENERGY CORP., MID-TEX DIVISION REGARDING THE COMPANY'S 2019 RATE REVIEW MECHANISM FILING. Assistant Town Manager Greenwood provided an overview of the item. Town Council Minutes 09/09/19 Page 2 of 4 MOTION: Council Member Goble made a motion to approve Ordinance 891. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat recessed the meeting at 7:08 p.m. to reconvene the Board of Trustees meeting. Mayor Wheat reconvened the Council meeting at 7:56 p.m. with the Council proceeding into executive session. 7. PRESENTATION AND DISCUSSION REGARDING THE ENTRADA DEVELOPMENT INCLUDING THE GAS WELL PAD SITE AND PLAZA MAYOR. Mr. Mehrdad and Mr. Beaty, Centurion American, provided a presentation and overview of the proposed plans for the Plaza Mayor. Discussion ensued regarding drive approaches into Entrada along Highway 114, flex space with storage areas, requesting an increase of 47 condo units, and the Hilton hotel. Mr. John Schober, CEO Member Management LLC, provided an overview of a proposed plan to develop a set of gun range suites, a restaurant and grocer within the development. Mayor Wheat then moved to item 5 of the agenda. 8. EXECUTIVE SESSION Council convened to executive session at 7:56 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: - Front 44 - Entrada Town Council Minutes 09/09/19 Page 3 of 4 9. RECONVENE MEETING Mayor Wheat reconvened the meeting at 9:47 p.m. 10. AD]OURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Rennhack made a motion to adjourn the meeting. Council Member Goble seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 9:47 p.m. APPROVED BY THE TOWN COUNCIL ON SEPTEMBER 30, 2019. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Town Council Minutes 09/09/19 Page4of4 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Consent oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToP�c: Discussion and consideration of an Ordinance amending Chapter 30, Courts, Article II, Municipal Court by adding section 30-41, designating the position of Juvenile Case Manager. STAFF CoNTACT: Jeanie Roumell, Court Administrator Strategic Alignment i i � . � . . , ; . . � � - 1 � Mission: Westlake is a unique community blending preservation of our natural environment and High Quality Planning,Design& Development-We are a desirable viewscapes,while serving Citizen, Student& Well planned,high-quality Preserve Desirability our residents and businesess Stakeholder &Quality of Life with superior municipal and community that is distinguished by academic services that are exemplary design standards. accessible, efficient,cost- effective, &transparent. Time Line- Start Date: January 1, 2020 Completion Date: N/A Funding Amount: N/A Status - N/A Source- Self-funded Contract: No Forms: N/A EXECUTIVE SUMMARY(TNCLUDING APPLICABLE ORGANIZATIONAL HISTORY) As a component of receiving a citation in municipal court,there are associated fees and court costs that are assessed for each citation. During the legislative session,those fee/costs are often amended based on a variety of factors at the state level. Our municipal court department is then required to adjust our internal procedures to comport with the new laws that are passed and signed into law by the Governor. Through the Office of Court Administration(OCA)and the Comptroller's office, our staff team works with our software vendor to ensure we comply with all requirements and are reporting the fees/costs as mandated. Page 1 of 3 During the most recent session, Senate Bi11346 overhauled the structure of court costs, which will go into effect on January 1, 2020. In light of the new requirements, it is staff's recommendation that we adopt the attached ordinance, which is drafted in concert with legislation that is currently in effect to take advantage of funding mechanisms that will help provide for a juvenile case manager fee. The fee will be assessed when a violation is paid in the office and will be used to help offset current staffing costs relative to the handling of court cases for juveniles. Often, these cases require additional monitoring and reporting requirements and a dedicated central point of contact with one staff member is an efficient way to processes the cases. Some of the specific juvenile case manager job duties are shown below: • Processes Department of Public Safety suspension records • Maintains community service logs and completion of hours • Oversees tobacco, drug, and alcohol cases for juveniles/minors • Processes failure to attend school and truancy offenses • Educate juveniles and their families regarding probation requirements and driver safety coursework deadlines Should the Council approve the juvenile case manager position, the staff will bring back an additional ordinance to address the remaining court costs/fees associated with SB346. The bill ultimately repeals and consolidates all of the local funds into one $14 fee rather than breaking out the court costs/fees in multiple lines items.For instance, SB 346 repealed the statute that authorizes the juvenile case manager and replaced it with a"local truancy prevention and diversion fund."As of January, the $141oca1 fund shall be charged for all court cases and will be divided into separate accounts as follows: • the courthouse security fund or municipal court building security fund- 35%; • the local truancy prevention and diversion fund - 36% • the justice court technology fund or municipal court technology fund—29%; and • the county or municipal jury fund - .7%. The parameters on the use of those funds will largely remain the same. However, further review is needed. The legislature has required the Municipal Courts collect the truancy fee, however the municipalities are not allowed to spend the special fee unless they employ a Juvenile Case Manager on staff. In summary, we recommend that the Council adopt the draft ordinance that complies with current legislation, and by January 1, 2020, consider an ordinance that addresses SB 346 in full. RECOMMENDATION Staff recommends approval of establishing a Juvenile Case Manager Position. Page 2 of 3 ATTACHMENTS Ordinance Page 3 of 3 TOWN OF WESTLAKE ORDINANCE NO. 894 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 30, COURTS, ARTICLE II, MUNICIPAL COURT BY ADDING SECTION 30-41, DESIGNATING THE POSITION OF JUVENILE CASE MANAGER; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas ("Town"), is a general law municipality and is authorized to enact regulations as necessary to protect the health, safety and welfare of the public and may enact ordinances relative to its citizens' health, safety, and welfare that are not inconsistent with the Constitution and laws of the State; and WHEREAS, the Town has created a Municipal Court of record, having concurrent jurisdiction with the justice court in criminal cases that arise in the town and that are punishable by fine only; and WHEREAS, the Town of Westlake Town Council desires that the Municipal Court employ one or more juvenile case managers; and WHEREAS, all statutory and constitutional requirements for the passage of this ordinance have been adhered to, including but not limited to the Open Meetings Act; and WHEREAS, upon the recommendation of the Municipal Court Administrator for, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION L• That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 30, Courts, Article II, Municipal Court, is amended by adding Section 30-41, which shall read as follows: Sec. 30-41 —Juvenile Case Manager; fund (a) The municipal court is authorized to employ one or more juvenile case managers who: Ordinance 894 Page 1 of 3 (1) shall assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases; and (2) may provide prevention services to a child considered at-risk of entering the juvenile justice system and intervention services to juveniles engaged in misconduct prior to cases being filed, excluding traffic offenses. (b) Juvenile case manager fee. (1) There is hereby created juvenile case manager fee. A defendant convicted of a fine-only misdemeanor offense shall pay the juvenile case manager fee of five dollars ($5.00), as a court cost. (2) There is hereby created juvenile case manager fund. The Municipal Court Clerk shall collect the fee authorized by this section and pay it to the city treasurer to be kept in the juvenile case manager fund. (3) The juvenile case manager fee does not apply to parking citations. (4) For the purposes of this Section, a person is considered convicted if: a. a fine is imposed on the person; b. the person received community supervision, including deferred disposition; or c. the Court defers final disposition of the person's case. (5) The Municipal Court Judge is authorized to waive the juvenile case manager fee in cases of demonstrated financial hardship on the part of a convicted defendant. (6) A fund created under this section may be used to the extent permissible under state law. Sec. 30-42 —30-55.—Reserved 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. Ordinance 894 Page 2 of 3 SECTION 4: 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 5: This ordinance shall take effect January 1, 2020 from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 30t"DAY OF SEPTEMBER 2019. ATTEST: Laura L. Wheat, Mayor APPROVED AS TO FORM: Kelly Edwards, Town Secretary L. Stanton Lowry, Town Attorney Ordinance 894 Page 3 of 3 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Consent oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToP�c: Consider approval of an ordinance amending Chapter 26 - Community Development,Town of Westlake Code of Ordinances,in its entirety: adding a third alternate to Planning & Zoning Commission; amending application submittal processes; and amending administrative appeals to the Zoning Board of Adjustment. STaFF CoN'raCT: Ron Ruthven, Planning and Development Director Strategic Alignment i i � . , . ., � . . � � - 1 � High Quality Planning, Dcsign & Planned/Responsible Citizen, Student& Development-We are a desirable well preserve Desirability Development Stakeholder planned, high-quality community that &Quality of Life is distinguished by exemplary design standards. Time Line- Start Date: September 30, 2019 Completion Date: September 30,2019 Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(TNCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff proposes amendments to Chapter 26 —Community Development in the Code of Ordinances that address three key areas: development applications, adding Planning and Zoning Commission alternate, and amending administrative appeals requirements to the Zoning Board of Adjustment. Other minor changes are proposed as well that address discrepancies, clarifications and name changes. The following is a breakdown of the proposed major changes noted above: Page 1 of 2 Development applications (Section 26-61) — Staff proposes adding a more detailed explanation of what constitutes a "complete" application as well as adding a pre-application submittal conference requirement. These changes are somewhat a response to House Bill 3167, approved by the TeXas Legislature in June, which requires municipalities to approve certain plans within a prescribed timeframe. Planning and Zoning Commission Alternate (Section 26-67) — This item would add a third alternate to the Planning and Zoning Commission,resulting in a total of eight Commissioners. The alternate could discuss items and ask questions in a meeting but would not be able to vote on an item unless a regular member was absent or abstaining. The purpose of this proposal is to ensure a quorum of Commissioners is present at every meeting. Administrative appeals to the Zoning Board of Adjustment (Section 26-68) — This item is responsive to House Bill 2497, which alters the administrative appeal requirements for the board and is applicable to all zoning boards statewide. The effect of the language is to expand the ability to appeal an administrative decision to the affected property owner and property owners within 200 feet of the affected property. The proposed changes to Chapter 26 would take effect immediately. RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS Proposed amendments shown in mark-up format Proposed Ordinance Page 2 of 2 IChapter 26 -COMMLTNITY DEVELOPMENT ARTICLE I. - 1N GENERAL Secs. 26-1-26-30. -Reserved. ARTICLE II. -UNIFIED DEVELOPMENT CODE DIVISION 1. - GENERALLY Sec. 26-31. -Jurisdiction. The provisions of the Unified Development Code, as defined in section 1-2, apply generally to all � property within the corporate limits of the town and to the lands subject to its zoning jurisdiction as conferred by state law. Those provisions pertaining to the subdivision of land, and those regulations adopted for the primary purpose of protecting water quality or to afford flood protection, apply to all � property within the town's corporate boundaries and to all property within its extraterritorial jurisdiction, as established by V.T.C.A.,Local Government Code chs. 42 and 212. References to jurisdictions or the applicability of specific development regulations appearing elsewhere in the Unified Development Code � take precedence over this jurisdictional statement in the event of a conflicting interpretation unless specified otherwise. (UDC 1994, art. I, § 3) Sec. 26-32. -Purposes. The Unified Development Code was adopted for the following purposes: (a�) To protect, promote, improve and provide for the public health, safety, and general welfare of the citizens of the town; (b�) To ensure the safe, orderly and efficient development and expansion of the town in accordance with and pursuant to its Comprehensive Plan,Thoroughfare Plan, and Open Space Plan; � (c�) To conserve, develop, protect and utilize natural resources, including but not limited to topography,vegetation, floodplain and other resources, in keeping with the public interest; � (d4) To prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; I (e�) To protect and preserve places and areas of historical, cultural or architectural importance and significance to the community; � (f6) To protect and conserve the value of land throughout the town and the value of buildings and improvements upon the land,and to minimize the conflicts among the uses of land and buildings; � (g�) To provide for open spaces through the most efficient design and layout of the land; (h�) To prevent the pollution of air and water, to ensure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community; � (i�) To lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; � (��-9) To facilitate the adequate and efficient provision of transportation,water,wastewater,schools, parks,public safety and recreational facilities, and other public facilities and services; and � (k�) To treat in one unified text those areas of regulation more typically dealt with in separate ordinances such as, but not exclusively, the zoning ordinance, the subdivision rules and regulations,the sign ordinance, etc.,which are codified in chapters 70, 82, 102, etc. (UDC 1994, art. I, § 4) Sec. 26-33. -Development applications and proposals. All development applications and proposals filed on or after May 9, 1994, whether for new developments or for add-ons or expansions of existing developments, shall be processed in accordance with the standards and requirements, and pursuant to the procedures established,in the UDC and the Code of Ordinances. Specifically with re�ard to new a�plications, where a conflict exists between the terms of this chapter and any other regulation,the provisions of this chapter shall control. (UDC 1994, art. I, § 5) a€���-�. n��i:,..,i,;i:�.,„�'o.,;�+:�„.- ..i.,�:,,�� � � � � � > > � � > > > • �T r�r�r i���n ,,.-� r � ti� C� � • � � Sec. 26-34�. -Relationship to Comprehensive Plan,Thoroughfare Plan and Open Space Plan. The Unified Development Code is intended to implement the policies and objectives contained in the � Comprehensive Plan,Thoroughfare Plan, and Open Space Plan for the town and to affect the town's plan for provision of public facilities and services within town limits and within the town's extraterritorial jurisdiction. If a zoning or rezoning request differs from what the Comprehensive Plan, Thoroughfare Plan, or Open Space Plan recommends for that area,the town planner will advise applicant of this and will request applicant to submit a written letter. This letter will request the town planner to prepare and process the necessary exception or amendment to the plan. The town will process this request concurrently with the(re)zoning case. �+� �aa�*��r�' ���++�+'�� ���':��r+ (UDC 1994, art. I, § 7) � Sec. 26-356. -Compliance with UDC. All development of land within the incorporated boundaries of the town or its extraterritorial jurisdiction as applicable, shall conform to the requirements of the Unified Development Code and the Code of Ordinances, and no person may use, occupy, sell or develop land,buildings or other structures, or authorize or permit the use, occupancy, sale or development of land,buildings or other structures under � his/her control, except in accordance with all applicable provisions of the UDC and other related re�ulations. Within the town's extraterritorial jurisdiction,no person may sell or develop land, or authorize or permit the sale or development of land, except in accordance with all applicable provisions of � the UDC and Code of Ordinances. (UDC 1994, art. I, § 8) � Sec. 26-36�. -Diagrams and drawings. The UDC contains diagrams and drawings. When diagrams and drawings appear in the UDC,they are presented for explanation purposes only unless specifically referred to in the text of the UDC. The text governs over any diagram or drawing when any discrepancy exists. The provisions of this section do not extend to concept plans or site plans which are required and approved under the UDC. (UDC 1994, art. I, § 9) � Secs. 26-37�26-55. -Reserved. DIVISION 2. -AUTHORITY; ADMINISTRATIVE PROCEDURES� � Sec. 26-56. -Authority. � The Unified Development Code was adopted pursuant to the powers granted to the�town, subject to any limitations imposed by the constitution and laws of the state. (UDC 1994, art. I, § 2) Sec. 26-57. - Governing body. � (a) The'���ra ���'a����town council, as the governing body of the town, shall have such authority as is consistent with state law, and the ordinances of the town, to initiate, undertake, and decide all legislative matters pertaining to the regulation of the use and development of land,which is the subject of the Unified Development Code, including but not limited to enactment or amendment of UDC provisions; approval,disapproval or modification of amendments to the zoning map;and authorization of planned developments and specific use permits. � (b) If authorized in the UDC, the'���ra ���'�'����town council shall also have the authority to review and decide appeals from decisions of the commissions, boards, and administrative of�cers, or exceptions to the UDC otherwise authorized by these regulations in accordance with the procedures established in the UDC. (c) The '���ra �� �'a��m��town council shall appoint the town manager, who in turn, shall be held responsible to the'���ra ���'��rm��town council for the execution of the laws and the administration of the government of the town. (UDC 1994, art. II, § 1; Ord. No. 512, § 9, 4-23-2007) � Sec. 26-58. - Sequence of review. (a) Where the recommendations from boards or commissions are required by the UDC, or otherwise by law, prior to action by the '���r� ���'a�r��rtown council, no application for development approval shall be placed on the council�'s agenda for decision until such recommendations are available for consideration by the '���ra ���'�'��m��town council. Such recommendations are not binding on the ��r� �� �'���-���town council and the �council may decide a matter contrary to the recommendations of such boards or commissions. (b) Where an applicant requests a variance from a provision of the UDC in conjunction with an I application for amendment of the official zoning map, the variance shall be considered by the �e�A ^��'�town council at the same time that it considers the request for the zoning change. (UDC 1994, art. II, § 2) Sec. 26-59. -Reserved. � Sec. 26-60. -Initiation of administrative procedures. All platting, zoning and site plan requests to be considered by the planning and zoning commission and/or the'����a ���'a�r��rtown council, shall be initiated by filing an application with the�town. All requests for building permits,review of required landscape plans,review of civil construction plans, and construction permits for public improvements and/or excavation/ r�g shall be initiated by the filing of an application with the town. The applications required by this section shall be on forms supplied by the town, and shall be available in the offices of the town or on the town's website. (UDC 1994, art. II, § 4) Sec. 26-61. - Submittal and acceptance. No application shall be accepted and processed until such application is deemed complete bv the town nlanager or their designee and the fee established in the UDC or other ordinance provisions of the town for processing the application has been paid. For the purpose of this requirement, a complete application shall, at a minimum, include all required su�portin�materials,property owner signatures (where applicable�, documents in their coreect required format and c�uantity, and any additional information that is required in any other a�plicable adopted town regulations and policies. In addition, for all a�plications other than building�ermits,the complete a�plication shall not be accepted by the town until a pre-a�lication conference, scheduled in advance b. t��plicant,to meet with a�licable town staff has been completed. (UDC 1994, art. II, § 5) Sec. 26-62. -Authority to initiate request. (a) All platting, zoning and site plan requests, and/or requests to amend the Comprehensive Plan or the Thoroughfare Plan may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the '���r� ���'a�r��rtown council may direct the town planner to initiate such a request on behalf of the town. (b) Variances and special exceptions to be considered by the '���r�' ���'a��m��town council may be initiated by the owner of the affected property or his/her authorized representative or any aggrieved person who files the required application and pays the appropriate fee, or by any person aggrieved by � the decision of an administrative officer with authority over any matter appealable to the �ea�-e€ �'��town council per section 26-68, or by an officer, or appropriate board of the town. (UDC 1994, art. II, § 6; Ord. No. 512, § 9, 4-23-2007) Sec. 26-63. -Application withdrawal. � (a) Any request for withdrawal of an application must be submitted in writing to the town mana�er or their designee. (b) Once an application for a platting, zoning, or site plan request to be considered by the planning and � zoning commission and/or'���ra ���'a�rm��town council, or a variance, special exception or appeal going before the'����-a ���'���-m��town council has been published in a newspaper or notifications of public hearing, if any, have been mailed, such request for withdrawal must be placed on the public hearing agenda and acted upon by the applicable body. � (c) Application fees are not refundable except in cases in which the town planner determines that an application was accepted in error, or the fee paid exceeded the amount due under the provision of the � UDC or other ordinance provisions of the town,in which case the amount of the overpayment may be refunded to the applicant. (UDC 1994, art. II, § 7) Sec. 26-64. - Conduct of public hearings. (a) Generally. Whenever a public hearing is held,written notice shall be mailed to the appropriate parties � and notice shall be advertised in a newspaper of general circulation in the �town in accordance with the applicable requirements of the Texas Local Government Code. If the Texas Local Government Code does not provide notice requirements for a public hearing on a particular subject � matter,then written notice shall notbe mailed to all appropriate parties.��'�}��}'��� }�r ��'�ra�r a�� � ,-�„��.o a„+o „�'��o�„�.i:,. �o,,,-;r,� (b) Public hearing postponement, recess, and continuations. (1) A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin. (2) A public hearing may be recessed and continued any time after the hearing has commenced. (3) If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall be sufficient notice and no additional notice is required. (4) Postponed or continued public hearing shall be presumed to be held in the same location,unless a different location for the hearing is announced at the time of the postponement or continuance. (5) In the event that any request or amendment is being considered,whether ar not a public hearing is involved, and it is continued at the request of the applicant more than one time, an additional � fee shall be required to cover the reasonable costs to the town,including the cost of any additional advertising cost and the cost of the town's consultants due to the postponement. (6) If the applicant is not present at a meeting where the request is being considered and the request cannot be considered,then an additional fee,as described in subsection(b)(5)of this section,shall also be required. (c) Conduct of public hearing. Subject to the presiding officer's inherent authority to conduct meetings, the public hearing shall generally be conducted as follows: � (1) Report by the town representative; (2) Presentation by the applicant; (3) Testimony by parties supporting the application; (4) Testimony by parties in opposition to the application; (5) Rebuttal by the applicant; (6) Closure of the public hearing. (UDC 1994, art. II, § 8) Sec. 26-65. -Public hearing conducted by planning and zoning commission. (a) Planning and zoning commission authority. The planning and zoning commission shall conduct a � public hearing and make recommendations to the '���ra ���'a�����town council on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Plats as required by chapter 82. (8) Replats,when such public hearing is required by the provisions of V.T.C.A.,Local Government Code ch. 212. (b) Commission recommendation. Upon the closure of the public hearing, the planning and zoning � commission shall make a recommendation to the council�on the subject application.The planning and zoning commission may recommend that: (1) The request or amendment be approved or enacted; (2) The request or amendment be approved or enacted as modified to a more restrictive classification or subject to appropriate conditions as permitted by law; or (3) The request or amendment be denied. (UDC 1994, art. II, § 9) � Sec. 26-66. -Public hearing conducted by'���r� ���'��rm��town council. (a) Authority. The ��r� �� �'��r����town council shall conduct a public hearing and make determinations on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Variances, special exceptions and appeals. (b) �Council approval or denial. Following the closure of the public hearing, the �e#� �'�town council may take the following actions: (1) Approval of an item. The �council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to the Unified I Development Code,Code of Ordinances or a zoning change and map amendment shall be granted only if the council� determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the Unified Development code.In the event the request or amendment concerns a text amendment to the Unified Development Code,Code of Ordinances or a zoning change and map amendment, the �council shall enact an ordinance amending the Unified Development Code, Code of Ordinances or amending the official zoning map, whichever is applicable. � (2) Denial of an item. The �council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion I thereof for a period of one year from the date of its denial by the �council. If a request or amendment is denied by the council�without an indication of"with" or"without"prejudice, then the action shall be considered to be "denied with prejudice." � (3) Denial without prejudice. The �council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion. (4) Reapplication due to changed conditions. A proposal to rezone a tract or parcel of land which I has been previously rejected by the �council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land I or the property surrounding it. In that event, the applicant must submit to the�town planner, in writing, a resume describing such changed conditions. The�town planner shall investigate the property or cause such an investigation to be made and shall report to the planning and zoning commission whether or not such changed conditions exist.Upon hearing such report,the planning and zoning commission shall either grant or deny the request to refile the proposal for rezoning. (c) Protest of proposed change in zoning. (1) Property owners adjacent to and within a radius of 200 feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this 200 feet radius includes streets, alleys and other public rights-of-way. (2) Whenever such written protest is signed by the owners of 20 percent or more of the area of the lots or land included in such zoning change,or of the lots or land immediately adjoining the same and within the above-mentioned 200 feet radius,such change in zoning shall not become effective � except by a favorable vote of three-fourths of all the members of the council�. (3) For purposes of determining representation on the written protest,the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners. (d) Criterza for granting special exceptions. � (1) The '���ra ���'a�rm��town council may make special exceptions to the standards in the UDC that are consistent with the general purpose and intent of the UDC. The planning and zoning commission shall make recommendations on special exceptions. (2) Special exceptions are subject to appropriate conditions and safeguards to ensure that the special � exceptions are consistent with the general purpose and intent of the UDC and the t�w�town's Comprehensive Plan. � (3) The '���ra ���'a�r��rtown council,pursuant to the powers conferred upon it by state law, the ordinances of the�town, and this division may grant special exceptions to the provisions of the UDC upon finding that: a. Such special exception will not substantially or permanently injure the appropriate use of adj acent property in the same district; b. Such special exception will not adversely affect the health, safety or general welfare of the public; c. Such special exception will not be contrary to the public interest; d. Such special exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the exception is sought is located, except as provided elsewhere in the UDC; e. Such special exception will be in harmony with the spirit and purpose of the UDC; £ Such special exception will not alter the essential character of the district in which is located the property for which the exception is sought; g. Such special exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and � h. Such special exception is within the spirit and intent of the�town's Comprehensive Plan and other policies. (UDC 1994, art. II, § 10) Sec. 26-67. -Planning and zoning commission. � (a) Creation and membership. There is hereby created a planning and zoning commission for the town consisting of five regular members, each to be appointed by the �town council for a term of two years and removable for cause. The terms of three members shall expire in odd-numbered years, and the terms of two members shall expire in even-numbered years. Each member shall continue to serve until their successors are appointed and qualified. In addition to the five regular members, three�e alternate members, first alternate,�second alternate, and third alternate shall be appointed by the ts�town council for terms of two years. The alternate members shall only vote in the absence of a regular member(s) or in place of a regular member(s)that has abstained. Priority shall be given to the � first, and the then the second alternate. (b) Powers and duties. The planning and zoning commission shall have the following powers and duties: � (1) To serve as an advisory body to the �town council concerning adoption of or amendments to the zoning regulations and zoning map and to make recommendations thereon; (2) To advise the council and make recommendations concerning adoption of, or amendments to � the ts�town's comprehensive plan,thoroughfare plan, and open space plan and implementation thereof; I (3) To oversee the �town's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the�council on matters pertaining to public improvements, traffic, utility extensions and the provision of � public facilities and seroices, in order to implement the�town's comprehensive plan; (4) To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance; (5) To approve certain matters relating to platting and recording of subdivisions as dictated by the � �e�u►�town's ordinances and the UDC; (6) To select a planning and zoning commission chair; (7) To call public hearings to initiate zoning changes. (UDC 1994, art. II, § 11; Ord.No. 680, § 2, 3-26-2012; Ord. No. 709, § 2, 9-16-2013) Cross reference—Boards, commissions and authorities, § 2-121 et seq. Sec. 26-68. -Board of adjustment. (a) Organization. The town council shall sit as the board of adjustment for the purposes of this section. The mayor may sit as an alternate member when necessary to make a quorum. (b) Procedures. (1) Adopting procedural rules. The board of adjustment, by majority vote, shall adopt such procedural rules as are necessary to execute its duties. (2) Quorum. All cases before the board of adjustment must be heard by at least four members. (3) Calling meetings. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. Such chairperson, or in his/her absence the acting chairperson, shall administer oaths and compel attendance of witnesses. (4) Meetings open to the public. All meetings of the board shall be open to the public. (5) Keeping of minutes. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its other official actions, all of which shall be filed in the office of the board and shall be a public record. (c) Jurisdiction. When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, � the'�����' ���'a��m��town council may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations established in the UDC: (1) Appeal of an administrative decision that is not related to a s�ecific a�plication, address, or r� o�ect. Consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by the Unified Development Code, zonin�re�ulations or by any officer, department, board or division of the town affected by any decision of the administrative officer. (2) Appeals of other administrative decisions. Any of the following_persons may a�peal to the board of adj ustment a decision made by the administrative officer that is related to a specific a�plication, address, or project (a) a person who filed the a�plication that is the subject of the decision; (b) a person who is the owner or representative of the owner of the property that is the subject of the decision; or (c) a person who is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subject of the decision; or (d) any officer, department, board, or bureau of the municipality affected by the decision. Such appeal shall be taken, within 15 calendar days after the decision has been rendered by the administrative officer,by filing with the officer from whom the appeal is taken and with the� ^��'o��town council a notice of appeal specifying the grounds therefor,tendering with such notice the amount in accordance with the �town's fee. The board shall decide the a�peal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the a�peal is filed. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with such officer,that by reason of facts stated in the certificate, that a stay would, in such officer's opinion, cause imminent peril to life or property. In such case,proceedings shall not be stayed otherwise than by restraining order which may be granted by the board or by a court of competent jurisdiction on application, and notice to the officer from whom the appeal is taken. � (3�) Odd shaped parcels. Permit such modifications of the height,yard, area,coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. � (4�) Nonconforming use. Permit the expansion or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. Upon review of the facts, the board may establish a specific period of time for the occupancy to revert to a conforming use. � (54) Change of nonconforming use. To authorize a change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of the same or more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a higher or more restrictive classification,the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. The board may establish a specific period of time for the conversion of the occupancy to a conforming use. � (6�) Discontinuance of a nonconforming use. Require the discontinuance of nonconforming areas of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of the UDC. a. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. b. The board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuance or maintenance of any I nonconforming use within the�town. (76) Structure for a legal nonconforming use. Permit the construction,reconstruction, enlargement or addition of a structure occupied by or for a use,normally ancillary to a single-family residential use, when such single-family residential use or structure, is legally nonconforming, provided, however, such construction, reconstruction, enlargement or addition does not prevent the return of such property to a conforming use. � (8�) Nonconforming structure. To authorize the reconstruction and occupancy of a nonconforming structure,or a structure containing a nonconforming use,where such structure has been damaged by fire or other causes to the extent of more than 50 percent, but less than the total, of the I replacement cost of the structure on the date of the damage. Such action by the �ea�-e�� �'�town council shall have due regard for the property rights of the person or persons affected,and shall be considered in regard to the public welfare,character of the area surrounding such structure, and the conseroation,preservation and protection of property. � (9�) Expansion of a nonconforming str�ucture. To authorize the enlargement, expansion or repair of a nonconforming structure in excess of 50 percent of its current value. In such instance, current value shall be established at the time of application for a hearing before the board. If such expansion or enlargement is approved by the board, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel. � (101) Occupation of an abandoned nonconforming structure. To authorize the occupance of an abandoned nonconforming structure. Such action by the board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character or the area surrounding such structure, and the conservation, preservation and protection of property. � (11�A) Violation of other ordinances. The board is not authorized to permit or approve any request that would be in violation of any other ordinances or�town regulations that would prohibit such improvement or construction to be made. � (d) Criterza for granting variances. The'���ra ���'a��m��town council, acting as the�town's board of adjustment,pursuant to the powers conferred upon it by state law,the ordinances of the�town, and this division may grant variances to the provisions of the UDC upon finding that: (1) Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district; (2) Such variance will not adversely affect the health, safety or general welfare of the public; (3) Such variance will not be contrary to the public interest: (4) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located,except as provided in subsection(c) of this section; (5) Such variance will be in harmony with the spirit and purpose of the UDC; (6) Such variance will not alter the essential character of the district in which is located the property for which the variance is sought; (7) Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; (8) Due to special conditions, a literal enforcement of the UDC would result in unnecessary hardship; (9) The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; (10) The variance or exception is not a self-created hardship; and I (11) The variance is clearly identified as a variance to the�town's standards on the concept plan, site plan or text of chapter 102. (e) Actions of the board. (1) In exercising its powers, the board may, in conformity with the provisions of the Texas Local Government Code, revise or reform, wholly or partly, or may modify the order, requirement, decisions,or determination appealed from,and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. (2) The concurring vote of four members of the board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the UDC or to affect any variance in the UDC. (3) Any special exceptions authorized by the board,either under the provisions of the UDC,or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit or a certificate of occupancy or other relief as the case may be for a period of 90 days from the date of the favorable action on the part of the board,unless the board in its minutes shall, at the same time, grant a longer period. (4) If a building permit or certificate of occupancy shall not have been applied for or issued within a 90-day period or as the board may specifically grant, the special exceptions shall be deemed waived, and all rights thereunder terminated. The board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown. (5) Such termination and waiver shall be without prejudice to a subsequent appeal to the board in accordance with the rules and regulations regarding appeals. � (fj Appeals on same matter.No appeal to the'���ra ���'��rm��town council shall be allowed concerning the same matter prior to the expiration of six months from a ruling of the board on any appeal to such body unless other rulings on the same or similar subject matter have, within such six-month period, been altered or changed by ruling of the board, in which case such change of circumstances shall permit the allowance of an appeal, but shall in no way have force in law to compel the board, after a hearing, to grant such subsequent appeal, but such appeal shall be considered on its merits as in all other cases. (g) Effective date. A decision on a variance shall be effective upon approval by the board. � (h) Appeal from board. Any person aggrieved by any decision of the '���ra ���'�'�rm�rtown council or any officer, department, or board of the municipality pursuant to this section, may present to a court of competent jurisdiction, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition shall be presented to the court � within ten days after the filing of the decision complained of in the office of the�town secretary and not thereafter. (UDC 1994, art. II, § 12; Ord.No. 707, § 2, 8-26-2013) � Sec. 26-69. -�town planner. (a) Qualifications. The�town planner must be a member in good standing of AICP, AIA or PE. (b) Powers and duties. The�3town planner shall have the following powers and duties: (1) To make recommendations and provide assistance to the '����a �������m��town council and planning and zoning commission concerning exercise of their responsibilities under the Unified Development Code; � (2) To develop and recommend to the planning and zoning commission, and the �sa�-e#� �'��town council, a Comprehensive Plan for the�town or any amendments to the plan and to propose actions to implement the plan; � (3) To coordinate all planning relating to the�town's Comprehensive Plan; (4) To submit recommendations to the planning and zoning commission and council� on request for zoning changes,variances and exceptions; (5) To render such administrative decisions as are required of the�town planner by the UDC; (6) To perform such other duties as may be prescribed by ordinance or directed by the �ea�s#� �'��town council or planning and zoning commission. (UDC 1994, art. II, § 13) � Sec. 26-70. -Building official. � (a) Qualifications. The building official must be a licensed architect,�engineer or certified buildin� official CBO as �ranted by the international Code Council (iCC�in good standing. (b) Powers and duties. The building official shall have the following powers and duties: (1) To issue permits in accordance with the UDC and Code of Ordinances; (2) To issue certificates of occupancy in accordance with the UDC and Code of Ordinances; (3) To enforce the provisions of the UDC and Code of Ordinances; (4) Such other powers and duties as may be lawfully delegated. � _tE���t�ntown�,.;.��>.,, T�.o�,,,,,,-a „�.,iao,-,�,or ,�, ,ao�;,.,,.,.o.�.o�,,.�,rtown�-g�ee�te o,-�,-,., �i,o a„�;o� „���.o�.,,;ia;r,�„��;,.;.,i (UDC 1994, art. II, § 14) � Sec. 26-71. -Procedure in planning and zoning cases/additional information submitted. (a) New matters of evidence not present to the planning and zoning commission shall not be heard or I considered by the �town council in its public hearings related to amendments to the zoning ordinance and maps to the te�town. (b) In the event new evidence develops between the date of the hearing by the planning and zoning � commission and the hearing of the�council on any zoning change,or if for any other valid reason a person wishes to present evidence to the�council which had not been presented to the planning � and zoning commission, the �council shall refer the case back to the planning and zoning commission for further hearings to consider the new evidence. (c) Nothing contained in this section shall be construed to prohibit anyone from speaking in the public hearing related to changes in zoning. (UDC 1994, art. II, § 15) Secs. 26-72-26-90. -Reserved. DIVISION 3. -ENFORCEMENT Sec. 26-91. - Compliance required. (a) No person shall use, occupy, or develop any land,building or other structures, or authorize or permit such use, occupancy or development, except in accordance with all applicable provisions of the � Unified Development Code and Code of Ordinances. (b) The owner of any building, structure, or land, or part thereof, and any architect, builder, contractor, agent or any other person employed in connection therewith,who violates, or assists in or contributes � to the commission of a violation of the UDC or Code of Ordinances, shall be deemed guilty of such violation and shall become liable for the penalties established in this chapter. (UDC 1994, art. XV, § 1) Sec. 26-92. -Notice of intent to suspend or revoke. Before suspension or revocation of any permit or authorization pursuant to this division,the building official, or designee, may give notice of the intent to suspend or revoke such permit or authorization, � which notice may specify a reasonable time for compliance with the UDC or Code of Ordinances. If notice of intent is given, suspension or revocation may not occur before the time for compliance has expired. (UDC 1994, art. XV, § 2; Ord. No. 512, § 9, 4-23-2007) Sec. 26-93. - Suspension or revocation of permit. (a) When the �town determines that a permit has been issued in error or on the basis of incorrect information, or that there has been noncompliance with the provisions of the UDC or Code of Ordinances, the �town manager or their�s designee may suspend the permit or license pending compliance with the UDC. The �town manager or their�i�s designee may revoke a permit if compliance is not achieved within a reasonable period of time. (b) Notice of suspension or revocation of a building permit, or certificate of occupancy shall be sent to the permit holder by certified mail,return receipt requested. � (c) A permit or certificate of occupancy may be immediately revoked by the �town manager or�is their designee when and if additional noncompliance with the�UDC and Code of Ordinances occurs after the permit has been suspended. (UDC 1994, art. XV, § 3; Ord. No. 512, § 9, 4-23-2007) Sec. 26-94. - Suspension or revocation of permits conditioned by a variance or special exception. (a) When it is determined that there is a failure to comply with any term, condition or requirement of a � variance or special exception,the�town mR�Fanager or#��their designee may suspend any permits pending. (b) Notice of suspension or revocation of a permit shall be sent by certified mail,return receipt requested. � (c) The'���r� ���'��rm�rtown council shall hold a public hearing no later than 45 days after notification of the suspension or revocation. If the council� determines that there is a failure to comply with any term, condition or requirement of the variance or special exception, it may revoke the variance or special exception or take such action as it considers necessary to ensure compliance. (UDC 1994, art. XV, § 4; Ord. No. 512, § 9, 4-23-2007) Sec. 26-95. - Suspension and revocation of site plan, specific use permit or subdivision construction/engineering plan. � (a) When the�town determines that a subdivision construction plan has been approved in error or on the basis of incorrect infortnation, or that there has been a failure to comply with the provision of the � Unified Development Code and Code of Ordinances,the�town manager or�their designee may suspend the approval of the subdivision construction/engineering plan until there is compliance with I the UDC. The �town manager or �their designee may revoke the approval of the subdivision construction/engineering plan if compliance is not achieved within a reasonable time. (b) Notice of suspension or revocation of the approval of a subdivision construction plan shall be sent by certified mail,return receipt requested. � (c) A site plan or specific use permit may be revoked by the'���ra ���'a�����town council upon public hearing if violations of conditions are determined to exist. In addition, a specific use permit shall terminate in accordance with subsection 102-63(d). (UDC 1994, art. XV, § 5; Ord. No. 512, § 9, 5-23-2007) Sec. 26-96. - Suspension and revocation of certificate of occupancy. � (a) When the�town manager or#��their designee determines that a certificate of occupancy has been issued in error or on the basis of incorrect information or that the building or structure is in violation of any ordinance or regulation,the��town manager or#��their designee may suspend the certificate of occupancy until there is compliance with all ordinances and regulations. The�}town manager or �their designee may revoke a certificate of occupancy if compliance is not achieved within a reasonable time. (b) Notice of suspension or revocation of a certificate of occupancy shall be mailed by certified mail, return receipt requested. (c) A certificate of occupancy may be immediately revoked by the building official or designee where additional noncompliance occurs after the certificate has been suspended. � (d) The'���r� ���'��,-m��town council may hear appeals to the building official's decision to revoke the certificate of occupancy when it is alleged that there was an error of law in his/her order,requirement, decision or determination. (UDC 1994, art. XV, § 6; Ord. No. 512, § 9, 4-23-2007) Sec. 26-97. - Cease and desist order. � (a) When the�town determines that there has been noncompliance with any material term, condition or requirement of the UDC or Code of Ordinances, the �3town may order any person having a proprietary interest in the property or any person engaged in the development or construction on the property to cease and desist from engaging in any further development or construction activities on the site. The cease and desist order shall be in writing and shall be posted on the site. The order shall specifically state the nature of the noncompliance and the acts prohibited. � (b) The tau�}town may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a cease and desist order has been posted in accordance with this division. (c) When the �e�►�town determines that there has been noncompliance with the UDC or Code of Ordinances which constitutes a health or safety hazard, a cease and desist order shall be issued and shall remain in effect until there has been compliance with the UDC or Code of Ordinances. This division shall not override the county health director or designee's ability to suspend, or reinstate food or child care permits in conformance with state and federal laws. (UDC 1994, art. XV, § 7) Sec. 26-98. -Appeal of cease and desist order,revocation or suspension. � (a) Appeal of a cease and desist order, suspension or revocation may be made to the k�sa�-e€ �'��town council or the appropriate board,by any person aggrieved, by giving written notice no later than three days after the cease and desist order is posted,or notice of the suspension or revocation is received. The notice shall state: (1) The name and address of the person making the appeal; (2) The facts surrounding a particular appeal; (3) The nature of the cease and desist order, suspension or revocation; and (4) The reasons why the ruling should be set aside. � (b) The '���r� ���'a��-���town council or appropriate board shall hear the appeal at its next regularly scheduled meeting following receipt of the notice of appeal provided that the appeal is received at least I three working days prior to that meeting. The '�����' ���'a��m��town council or appropriate board shall either affirm ar reverse the decision appealed no later than seven days after the close of the hearing. (c) An appeal brought under this section shall not stay the cease and desist order, suspension or revocation. (UDC 1994, art. XV, § 8) Sec. 26-99. - Criminal enforcement. � The violation of any of the provisions of the UDC or Code of Ordinances shall be unlawful and shall constitute a misdemeanor. (UDC 1994, art. XV, § 9) Sec. 26-100. -Civil remedies. (a) If any building, structure or land is used, constructed, maintained, repaired or altered, or any I development is undertaken in violation of the UDC or Code of Ordinances,including failure to comply with the landscape requirements, the t��town may institute any appropriate action to prevent, restrain, correct or abate the violation authorized by the state, including but not limited to the following: (1) To impose a civil penalty,not to exceed$2,000.00 a day,for the kinds of violations enumerated in V.T.C.A., Local Government Code § 54.012; (2) To enjoin violations or threatened violations of chapter 82 relating to the subdivision of land; (3) To recover damages from the owner of a tract of land in violation of chapter 82 in an amount � adequate for the �e�►�town to undertake any construction or other activity to bring about compliance with such regulation. (b) The imposition of any penalty shall not preclude the�town from instituting any other appropriate action to require compliance with the UDC or Code of Ordinances and with administrative orders and determinations made pursuant to the UDC or Code of Ordinances. (UDC 1994, art.XV, § 10) Secs. 26-101-26-120. -Reseroed. ARTICLE III. -ECONOMIC DEVELOPMENT; TAX ABATEMENTu DIVISION 1. - GENERALLY Sec. 26-121. -Adoption of tax abatement policy. � The tax abatement policy for the�town, attached to Ordinance No. 303 as exhibit"1," as now or hereafter amended, and the economic development incentive policy for the�town, attached to Ordinance No. 303 as exhibit"2," as now or hereafter amended are hereby adopted as provisions in this section as if set out at length in this section. Copies of such Tax Abatement Policy and copies of such � Economic Development Incentive Policy have been filed as required in the office of the�town secretary and are available to the public. (Ord.No. 303, §§ 2, 3, 8-3-1998) Secs. 26-122-26-140. -Reserved. DIVISION 2. -REINVESTMENT ZONEu Sec. 26-141. -Definitions. The following words,terms and phrases when used in this division, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Act means the Property Redevelopment and Tax Abatement Act(V.T.C.A., Tax Code ch. 312). Zone or reinvestment zone means the reinvestment zone created in this division. (Ord.No. 304, 8-3-1998) Cross reference—Definitions generally, § 1-2. Sec. 26-142. -Hearing. (a) A public hearing at a regularly scheduled meeting before the board was held at 7:30 on August 3, 1998. � (b) The �town at such hearing invited all interested persons, or their representatives, to appear and speak for or against the creation of a proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all or part of the territory described in this division should be included in such proposed reinvestment zone, and the concept of tax abatement. (c) All interested persons spoke and the proponents of the reinvestment zone offered evidence,both oral and documentary, in favor of the creation of the proposed reinvestment zone and the proponents also submitted evidence as to the proposed improvements. (Ord.No. 304, 8-3-1998) Sec. 26-143. -Findings and determinations. I The te�town, after conducting such hearing and having heard such evidence and testimony,has made the following findings and determinations based on the testimony and evidence presented to it: (1) That a public hearing on the designation of the reinvestment zone has been properly called,held and conducted and that notices of such hearings have been published as required by law and delivered to all taxing units located within the proposed reinvestment zone; (2) That the boundaries of the reinvestment zone should be the area as described in the metes and bounds description attached to Ordinance No. 304 and identified as exhibit "A," which is incorporated in this section for all purposes and which area is within the taxing jurisdiction of the � tau��town; (3) That the creation of the reinvestment zone for commercial-industrial tax abatement, with boundaries as described in exhibit"A" attached to Ordinance No. 304 will result in benefits to the I land included in the zone and to the�town after the expiration of any tax abatement agreement entered into and the improvements sought within the zone are feasible and practical; (4) That the reinvestment zone as defined in exhibit "A" attached to Ordinance No. 304 meets the criteria for the creation of a reinvestment zone as set forth in the Act, as amended, in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the I property and that would contribute to the economic development of the�town; and (5) That the reinvestment zone as defined in exhibit "A" attached to Ordinance No. 304 meets the � criteria for the creation of a reinvestment zone as set forth in the�town Tax Abatement Policy, which policy establishes guidelines and criteria governing tax abatement agreements by the � t$w�town and provides for the availability of tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. (Ord.No. 304, § 2, 8-3-1998) Sec. 26-144. -Reinvestment zone created. � Pursuant to the Act,the�town hereby creates a reinvestment zone for commercial-industrial tax abatement encompassing only the area described by the metes and bounds in exhibit "A" attached to Ordinance No. 304, and such reinvestment zone is hereby designated and shall hereafter be designated as � Reinvestment Zone No. One,�Town of Westlake,Texas. (Ord.No. 304, § 3, 8-3-1998) TOWN OF WESTLAKE ORDINANCE NO. 895 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 26 COMMUNITY DEVELOPMENT IN ITS ENTIRETY; PROVIDING A PENALTY CLAUSE; 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 Type A General Law municipality; and WHEREAS, the Town of Westlake seeks to ensure that new development is consistent with the Town's vision as further described and detailed in the Town's adopted plans, policies and regulations; and, WHEREAS, Chapter 26 Community Development, Town of Westlake Code of Ordinances provides specific requirements for development applications in order to ensure that the application is complete and meets said regulatory requirements; and WHEREAS, The Town of Westlake Code of Ordinances charges Town of Westlake staff with the responsibility of ensuring development applications are complete and properly organized prior to administrative final approval where applicable, and prior to scheduling a development request for legislative consideration before the Planning and Zoning Commission and/or the Town Council; and WHEREAS, Chapter 26 Community Development, Town of Westlake Code of Ordinances provides detailed procedural requirements for the Town Council, Planning and Zoning Commission and the Zoning Board of Adjustment; and WHEREAS, upon the recommendation of staff to amend Chapter 26 Community Development in its entirety, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That Chapter 26 of the Town of Westlake Code of Ordinances, as amended, is hereby amended in its entirety as follows: Ordinance 895 Page 1 of 18 Chapter 26 COMMLTNITY DEVELOPMENT ARTICLE I. 1N GENERAL Secs. 26-1-26-30. Reserved. ARTICLE II. UNIFIED DEVELOPMENT CODE DIVISION 1. GENERALLY Sec. 26-31. Jurisdiction. The provisions of the Unified Development Code, as defined in section 1-2, apply generally to all property within the corporate limits of the town and to the lands subject to its zoning jurisdiction as conferred by state law. Those provisions pertaining to the subdivision of land, and those regulations adopted for the primary purpose of protecting water quality or to afford flood protection, apply to all property within the town's corporate boundaries and to all properry within its extraterritorial jurisdiction, as established by V.T.C.A., Local Government Code Chs. 42 and 212. References to jurisdictions or the applicability of specific development regulations appearing elsewhere in the Unified Development Code take precedence over this jurisdictional statement in the event of a conflicting interpretation unless specified otherwise. (UDC 1994, art. I, § 3) Sec. 26-32. Purposes. The Unified Development Code was adopted for the following purposes: (a) To protect, promote, improve and provide for the public health, safety, and general welfare of the citizens of the town; (b) To ensure the safe, orderly and efficient development and expansion of the town in accordance with and pursuant to its Comprehensive Plan,Thoroughfare Plan, and Open Space Plan; (c) To conseroe, develop, protect and utilize natural resources, including but not limited to topography,vegetation, floodplain and other resources, in keeping with the public interest; (d) To prevent the overcrowding of land and avoid undue concentration or diffusion of population or land uses; (e) To protect and preserve places and areas of historical, cultural or architectural importance and significance to the community; (fl To protect and conserve the value of land throughout the town and the value of buildings and improvements upon the land, and to minimize the conflicts among the uses of land and buildings; (g) To provide for open spaces through the most efficient design and layout of the land; (h) To prevent the pollution of air and water, to ensure the adequacy of drainage facilities, to safeguard water resources and to preserve the integrity and aesthetic quality of the community; (i) To lessen congestion in the streets and provide convenient, safe and efficient circulation for vehicular and pedestrian traffic; (j) To facilitate the adequate and efficient provision of transportation, water, wastewater, schools, parks,public safety and recreational facilities, and other public facilities and services; and (k) To treat in one unified text those areas of regulation more typically dealt with in separate ordinances such as, but not exclusively, the zoning ordinance, the subdivision rules and regulations,the sign ordinance, etc.,which are codified in chapters 70, 82, 102, etc. (UDC 1994, art. I, § 4) Ordinance 895 Page 2 of 18 Sec. 26-33. Development applications and proposals. All development applications and proposals filed on or after May 9, 1994, whether for new developments or for add-ons or expansions of existing developments, shall be processed in accordance with the standards and requirements, and pursuant to the procedures established, in the UDC and the Code of Ordinances. Specifically with regard to new applications, where a conflict exists between the terms of this chapter and any other regulation,the provisions of this chapter shall control. (UDC 1994, art. I, § 5) Sec. 26-34. Relationship to Comprehensive Plan,Thoroughfare Plan and Open Space Plan. The Unified Development Code is intended to implement the policies and objectives contained in the Comprehensive Plan, Thoroughfare Plan, and Open Space Plan for the town and to affect the town's plan for provision of public facilities and services within town limits and within the town's extraterritorial jurisdiction. If a zoning or rezoning request differs from what the Comprehensive Plan, Thoroughfare Plan, or Open Space Plan recommends for that area, the town planner will advise applicant of this and will request applicant to submit a written letter. This letter will request the town planner to prepare and process the necessary exception or amendment to the plan. The town will process this request concurrently with the(re)zoning case. (UDC 1994, art. I, § 7) Sec. 26-35. Compliance with UDC. All development of land within the incorporated boundaries of the town or its extraterritorial jurisdiction as applicable, shall conform to the requirements of the Unified Development Code and the Code of Ordinances, and no person may use, occupy, sell or develop land,buildings or other structures, or authorize or permit the use, occupancy, sale or development of land, buildings or other structures under his/her control, except in accordance with all applicable provisions of the UDC and other related regulations. Within the town's extraterritorial jurisdiction, no person may sell or develop land, or authorize or permit the sale or development of land, except in accordance with all applicable provisions of the UDC and Code of Ordinances. (UDC 1994, art. I, § 8) Sec. 26-36. Diagrams and drawings. The UDC contains diagrams and drawings. When diagrams and drawings appear in the UDC, they are presented for explanation purposes only unless specifically referred to in the text of the UDC. The text governs over any diagram or drawing when any discrepancy exists. The provisions of this section do not extend to concept plans or site plans which are required and approved under the UDC. (UDC 1994, art. I, § 9) Secs. 26-37-26-55. Reserved. DIVISION 2. AUTHORITY; ADMINISTRATIVE PROCEDURES Sec. 26-56. Authority. The Unified Development Code was adopted pursuant to the powers granted to the town, subject to any limitations imposed by the constitution and laws of the state. (UDC 1994, art. I, § 2) Sec. 26-57. Governing body. (a) The town council, as the governing body of the town, shall have such authority as is consistent with state law, and the ordinances of the town, to initiate, undertake, and decide all legislative matters pertaining to the regulation of the use and development of land, which is the subject of the Unified Development Code, including but not limited to enactment or amendment of UDC Ordinance 895 Page 3 of 18 provisions; approval, disapproval or modification of amendments to the zoning map; and authorization of planned developments and specific use permits. (b) If authorized in the UDC, the town council shall also have the authority to review and decide appeals from decisions of the commissions, boards, and administrative officers, or exceptions to the UDC otherwise authorized by these regulations in accordance with the procedures established in the UDC. (c) The town council shall appoint the town manager, who in turn, shall be held responsible to the town council for the execution of the laws and the administration of the government of the town. (UDC 1994, art. II, § 1; Ord.No. 512, § 9, 4-23-2007) Sec. 26-58. Sequence of review. (a) Where the recommendations from boards or commissions are required by the UDC, or otherwise by law, prior to action by the town council, no application for development approval shall be placed on the council's agenda for decision until such recommendations are available for consideration by the town council. Such recommendations are not binding on the town council and the council may decide a matter contrary to the recommendations of such boards or commissions. (b) Where an applicant requests a variance from a provision of the UDC in conjunction with an application for amendment of the official zoning map, the variance shall be considered by the town council at the same time that it considers the request for the zoning change. (UDC 1994, art. II, § 2) Sec. 26-59. Reserved. Sec. 26-60. -Initiation of administrative procedures. All platting, zoning and site plan requests to be considered by the planning and zoning commission and/or the town council, shall be initiated by filing an application with the town. All requests for building permits, review of required landscape plans, review of civil construction plans, and construction permits for public improvements and/or excavation/grading shall be initiated by the filing of an application with the town. The applications required by this section shall be on forms supplied by the town, and sha11 be available in the offices of the town or on the town's website. (UDC 1994, art. II, § 4) Sec. 26-61. Submittal and acceptance. No application shall be accepted and processed until such application is deemed complete by the town manager or their designee and the fee established in the UDC or other ordinance provisions of the town for processing the application has been paid. For the purpose of this requirement, a complete application shall, at a minimum, include all required supporting materials, property owner signatures (where applicable), documents in their correct required format and quantity, and any additional information that is required in any other applicable adopted town regulations and policies. In addition, for all applications other than building permits, the complete application shall not be accepted by the town until a pre-application conference, scheduled in advance by the applicant, to meet with applicable town staff has been completed. (UDC 1994, art. II, § 5) Sec. 26-62. Authority to initiate request. (a) All platting, zoning and site plan requests, and/or requests to amend the Comprehensive Plan or the Thoroughfare Plan may be initiated by the owner of the affected property or his/her authorized representative who files the required application and pays the appropriate fee for the request, or the town council may direct the town planner to initiate such a request on behalf of the town. Ordinance 895 Page 4 of 18 (b) Variances and special exceptions to be considered by the town council may be initiated by the owner of the affected property or his/her authorized representative or any aggrieved person who files the required application and pays the appropriate fee, or by any person aggrieved by the decision of an administrative officer with authority over any matter appealable to the town council per section 26-68, or by an officer, or appropriate board of the town. (UDC 1994, art. II, § 6; Ord.No. 512, § 9, 4-23-2007) Sec. 26-63. Application withdrawal. (a) Any request for withdrawal of an application must be submitted in writing to the town manager or their designee. (b) Once an application for a platting, zoning, or site plan request to be considered by the planning and zoning commission and/or town council, or a variance, special exception or appeal going before the town council has been published in a newspaper or notifications of public hearing, if any, have been mailed, such request for withdrawal must be placed on the public hearing agenda and acted upon by the applicable body. (c) Application fees are not refundable except in cases in which the town planner determines that an application was accepted in error, or the fee paid exceeded the amount due under the provision of the UDC or other ordinance provisions of the town, in which case the amount of the overpayment may be refunded to the applicant. (UDC 1994, art. II, § 7) Sec. 26-64. Conduct of public hearings. (a) Generally. Whenever a public hearing is held, written notice shall be mailed to the appropriate parties and notice shall be advertised in a newspaper of general circulation in the town in accordance with the applicable requirements of the Texas Local Government Code. If the Texas Local Government Code does not provide notice requirements for a public hearing on a particular subj ect matter,then written notice shall not be mailed to all appropriate parties. (b) Public hearing postponeinent, recess, and continuations. (1) A public hearing for which notice has been given may be postponed by announcing the postponement at or after the time and place the hearing is scheduled to begin. (2) A public hearing may be recessed and continued any time after the hearing has commenced. (3) If a postponement or continuance of a public hearing is to a specific date and time no later than 60 days from the first or most recent hearing, the announcement of the postponement or continuance at the public hearing in which the application has been postponed or continued shall be sufficient notice and no additional notice is required. (4) Postponed or continued public hearing shall be presumed to be held in the same location, unless a different location for the hearing is announced at the time of the postponement or continuance. (5) In the event that any request or amendment is being considered, whether or not a public hearing is involved, and it is continued at the request of the applicant more than one time, an additional fee shall be required to cover the reasonable costs to the town, including the cost of any additional advertising cost and the cost of the town's consultants due to the postponement. (6) If the applicant is not present at a meeting where the request is being considered and the request cannot be considered, then an additional fee, as described in subsection (b)(5) of this section, shall also be required. (c) Conduct of public hearing. Subject to the presiding officer's inherent authority to conduct meetings, the public hearing shall generally be conducted as follows: (1) Report by the town representative; (2) Presentation by the applicant; Ordinance 895 Page 5 of 18 (3) Testimony by parties supporting the application; (4) Testimony by parties in opposition to the application; (5) Rebuttal by the applicant; (6) Closure of the public hearing. (UDC 1994, art. II, § 8) Sec. 26-65. Public hearing conducted by planning and zoning commission. (a) Planning and zoning commission authority. The planning and zoning commission shall conduct a public hearing and make recommendations to the town council on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Plats as required by chapter 82. (8) Replats, when such public hearing is required by the provisions of V.T.C.A., Local Government Code ch. 212. (b) Co�n�nission recommendation. Upon the closure of the public hearing, the planning and zoning commission shall make a recommendation to the council on the subject application. The planning and zoning commission may recommend that: (1) The request or amendment be approved or enacted; (2) The request or amendment be approved or enacted as modified to a more restrictive classification or subject to appropriate conditions as permitted by law; or (3) The request or amendment be denied. (UDC 1994, art. II, § 9) Sec. 26-66. Public hearing conducted by town council. (a) AuthoYity. The town council shall conduct a public hearing and make determinations on the following matters: (1) Text amendments to the Unified Development Code. (2) Zoning changes and map amendments, including reclassification of the zoning designations on land, specific use permits, and planned developments. (3) Site plans for development. (4) Amendments to the Comprehensive Plan. (5) Amendments to the Thoroughfare Plan. (6) Amendments to the Open Space Plan. (7) Variances, special exceptions and appeals. (b) Council approval or denial. Following the closure of the public hearing, the town council may take the following actions: (1) Approval of an item. The council may approve the request or amendment either as requested, or in the form of a more restrictive district, and subject to such appropriate conditions as are allowed by law. Such approval of any request for a text amendment to the Unified Development Code, Code of Ordinances or a zoning change and map amendment shall be granted only if the council determines that the request or amendment is consistent with the Comprehensive Plan and the purposes of the Unified Development code. In the event the request or amendment concerns a text amendment to the Unified Development Code, Code of Ordinances or a zoning change and map amendment, the council shall enact an ordinance amending the Unified Development Code, Code of Ordinances or amending the official zoning map,whichever is applicable. Ordinance 895 Page 6 of 18 (2) Denial of an item. The council may deny the request or amendment with prejudice. If a request or amendment is denied with prejudice, a new application may be submitted for the same lot or tract of land, or any portion thereof, within one year only if the new request is for a more restrictive or less intense use or development. Unless the new proposal is more restrictive or less intense than the previously denied proposal, then no other application pertaining to a change of zoning and map amendment may be submitted on the same lot or tract of land, or any portion thereof for a period of one year from the date of its denial by the council. If a request or amendment is denied by the council without an indication of"with" or "without" prejudice, then the action shall be considered to be "denied with prejudice." (3) Denial without prejudice. The council may deny the request or amendment without prejudice, in which case an application for a change in zoning and map amendment other than that which was requested on the original application may be filed at the applicant's discretion. (4) Reapplication due to changed conditions. A proposal to rezone a tract or parcel of land which has been previously rejected by the council may be resubmitted within one year only if there is an actual change in conditions relating to zoning principles of the tract or parcel of land or the property surrounding it. In that event, the applicant must submit to the town planner, in writing, a resume describing such changed conditions. The town planner shall investigate the property or cause such an investigation to be made and shall report to the planning and zoning commission whether or not such changed conditions exist. Upon hearing such report, the planning and zoning commission shall either grant or deny the request to refile the proposal for rezoning. (c) Protest of proposed change in zoning. (1) Property owners adjacent to and within a radius of 200 feet of a property for which a change in zoning is being considered have the right to file a written protest against the request. The land area of this 200 feet radius includes streets, alleys and other public rights-of-way. (2) Whenever such written protest is signed by the owners of 20 percent or more of the area of the lots or land included in such zoning change, or of the lots or land immediately adjoining the same and within the above-mentioned 200 feet radius, such change in zoning shall not become effective except by a favorable vote of three-fourths of all the members of the council. (3) For purposes of determining representation on the written protest, the written protest of any one owner of land owned by two or more persons shall be presumed to be the protest of all owners. (d) Criteria for gYanting special exceptions. (1) The town council may make special exceptions to the standards in the UDC that are consistent with the general purpose and intent of the UDC. The planning and zoning commission shall make recommendations on special exceptions. (2) Special exceptions are subject to appropriate conditions and safeguards to ensure that the special exceptions are consistent with the general purpose and intent of the UDC and the town's Comprehensive Plan. (3) The town council, pursuant to the powers conferred upon it by state law, the ordinances of the town, and this division may grant special exceptions to the provisions of the UDC upon finding that: a. Such special exception will not substantially or permanently injure the appropriate use of adjacent property in the same district; b. Such special exception will not adversely affect the health, safety or general welfare of the public; c. Such special exception will not be contrary to the public interest; Ordinance 895 Page 7 of 18 d. Such special exception will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the exception is sought is located, except as provided elsewhere in the UDC; e. Such special exception will be in harmony with the spirit and purpose of the UDC; £ Such special exception will not alter the essential character of the district in which is located the property for which the exception is sought; g. Such special exception will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; and h. Such special exception is within the spirit and intent of the town's Comprehensive Plan and other policies. (UDC 1994, art. II, § 10) Sec. 26-67. Planning and zoning commission. (a) Creation and membership. There is hereby created a planning and zoning commission for the town consisting of five regular members, each to be appointed by the town council for a term of two years and removable for cause. The terms of three members shall expire in odd-numbered years, and the terms of two members shall expire in even-numbered years. Each member shall continue to serve until their successors are appointed and qualified. In addition to the five regular members, three alternate members, first alternate, second alternate, and third alternate shall be appointed by the town council for terms of two years. The alternate members shall only vote in the absence of a regular member(s) or in place of a regular member(s) that has abstained.Priority shall be given to the first, and the then the second alternate. (b) Powers and duties. The planning and zoning commission shall have the following powers and duties: (1) To serve as an advisory body to the town council concerning adoption of or amendments to the zoning regulations and zoning map and to make recommendations thereon; (2) To advise the council and make recommendations concerning adoption of, or amendments to the town's comprehensive plan, thoroughfare plan, and open space plan and implementation thereof; (3) To oversee the town's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the council on matters pertaining to public improvements, traffic, utility extensions and the provision of public facilities and services,in order to implement the town's comprehensive plan; (4) To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance; (5) To approve certain matters relating to platting and recording of subdivisions as dictated by the town's ordinances and the UDC; (6) To select a planning and zoning commission chair; (7) To call public hearings to initiate zoning changes. (UDC 1994, art. II, § 11; Ord. No. 680, § 2, 3-26-2012; Ord.No. 709, § 2, 9-16-2013) Cross reference—Boards, commissions and authorities, § 2-121 et seq. Sec. 26-68. Board of adjustment. (a) Organization. The town council shall sit as the board of adjustment for the purposes of this section. The mayor may sit as an alternate member when necessary to make a quorum. (b) Procedures. (1) Adopting procedural rules. The board of adjustment, by majority vote, shall adopt such procedural rules as are necessary to execute its duties. Ordinance 895 Page 8 of 18 (2) Quov�um. All cases before the board of adjustment must be heard by at least four members. (3) Calling meetings. Meetings of the board shall be held at the call of the chairperson, and at such other times as the board may determine. Such chairperson, or in his/her absence the acting chairperson, shall administer oaths and compel attendance of witnesses. (4) Meetings open to the public. All meetings of the board shall be open to the public. (5) Keeping of minutes. The board shall keep minutes of its proceedings showing the vote of each member upon each question, or if absent or failing to vote, indicating such fact, and shall keep records of its other official actions, all of which shall be filed in the office of the board and shall be a public record. (c) Jurisdiction. When in its judgment, the public convenience and welfare will be substantially served and the appropriate use of the neighboring property will not be substantially or permanently injured, the town council may, in specific cases, after public notice and public hearing, and subject to appropriate conditions and safeguards authorize the following special exceptions to the regulations established in the UDC: (1) Appeal of an administrative decision that is not related to a specific application, address, or project. Consider an appeal from any person aggrieved by a decision of any administrative officer with authority over any matter regulated by the Unified Development Code, zoning regulations or by any officer, department, board or division of the town affected by any decision of the administrative officer. (2) Appeals of other administrative decisions. Any of the following persons may appeal to the board of adjustment a decision made by the administrative officer that is related to a specific application, address, or project: a. a person who filed the application that is the subject of the decision; b. a person who is the owner or representative of the owner of the property that is the subject of the decision; or c. a person who is aggrieved by the decision and is the owner of real property within 200 feet of the property that is the subj ect of the decision; or d. any officer, department, board, or bureau of the municipality affected by the decision. Such appeal sha11 be taken, within 15 calendar days after the decision has been rendered by the administrative officer, by filing with the officer from whom the appeal is taken and with the town council a notice of appeal specifying the grounds therefor, tendering with such notice the amount in accordance with the town's fee. The board shall decide the appeal at the next meeting for which notice can be provided following the hearing and not later than the 60th day after the date the appeal is filed. The officer from whom the appeal is taken shall forthwith transmit to the board all the papers constituting the record upon which the action appealed from was taken. An appeal shall stay all proceedings of the action appealed from unless the officer from whom the appeal is taken certifies to the board, after the notice of appeal shall have been filed with such officer, that by reason of facts stated in the certificate, that a stay would, in such officer's opinion, cause imminent peril to life or property. In such case, proceedings shall not be stayed otherwise than by restraining order which may be granted by the board or by a court of competent jurisdiction on application, and notice to the officer from whom the appeal is taken. (3) Odd shaped parcels. Permit such modifications of the height, yard, area, coverage and parking regulations as may be necessary to secure appropriate development of a parcel of land which differs from other parcels in the district by being of such restricted area, shape, or slope that it cannot be appropriately developed without such modification. Ordinance 895 Page 9 of 18 (4) Nonconforming use. Permit the expansion or enlargement of a building occupied by a nonconforming use on the lot or tract occupied by such building provided such reconstruction does not prevent the return of such property to a conforming use. Upon review of the facts, the board may establish a specific period of time for the occupancy to revert to a conforming use. (5) Change of nonconforming use. To authorize a change of use from one nonconforming use to another nonconforming use, provided that such change is to a use of the same or more restricted classification. In the event that a nonconforming use is changed to a nonconforming use of a higher or more restrictive classification, the building or structure containing such nonconforming use shall not later be reverted to the former lower or less restricted classification. The board may establish a specific period of time for the conversion of the occupancy to a conforming use. (6) Discontinuance of a nonconforming use. Require the discontinuance of nonconforming areas of land or structures under any plan whereby the full value of the structure and facilities can be amortized within a definite period of time, taking into consideration the general character of the neighborhood and the necessity for all property to conform to the regulations of the UDC. a. All actions to discontinue a nonconforming use of land or structure shall be taken with due regard for the property rights of the persons affected when considered in the light of the public welfare and the character of the area surrounding the designated nonconforming use and the conservation and preservation of property. b. The board shall from time to time on its own motion or upon cause presented by interested property owners inquire into the existence, continuance or maintenance of any nonconforming use within the town. (7) Str�ucture for a legal nonconforming use. Permit the construction, reconstruction, enlargement or addition of a structure occupied by or for a use, narmally ancillary to a single-family residential use, when such single-family residential use or structure, is legally nonconforming, provided, however, such construction, reconstruction, enlargement or addition does not prevent the return of such property to a conforming use. (8) Nonconforming structure. To authorize the reconstruction and occupancy of a nonconforming structure, or a structure containing a nonconforming use, where such structure has been damaged by fire or other causes to the extent of more than 50 percent, but less than the total, of the replacement cost of the structure on the date of the damage. Such action by the town council shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare, character of the area surrounding such structure, and the conservation, preservation and protection of property. (9) Expansion of a nonconforming structure. To authorize the enlargement, expansion or repair of a nonconforming structure in excess of 50 percent of its current value. In such instance, current value shall be established at the time of application for a hearing before the board. If such expansion or enlargement is approved by the board, all provisions of the district in which such structure is located shall apply to the new construction on the lot or parcel. (10) Occupation of an abandoned nonconforming structure. To authorize the occupancy of an abandoned nonconforming structure. Such action by the board shall have due regard for the property rights of the person or persons affected, and shall be considered in regard to the public welfare and safety, character or the area surrounding such structure, and the conseroation,preservation and protection of property. Ordinance 895 Page 10 of 18 (11) Violation of other ordinances. The board is not authorized to permit or approve any request that would be in violation of any other ordinances or town regulations that would prohibit such improvement or construction to be made. (d) Criteria for granting variances. The town council, acting as the town's board of adjustment, pursuant to the powers conferred upon it by state law, the ordinances of the town, and this division may grant variances to the provisions of the UDC upon finding that: (1) Such variance will not substantially or permanently injure the appropriate use of adjacent property in the same district; (2) Such variance will not adversely affect the health, safety or general welfare of the public; (3) Such variance will not be contrary to the public interest: (4) Such variance will not authorize the operation of a use other than those uses specifically authorized for the district in which the property for which the variance is sought is located, except as provided in subsection (c) of this section; (5) Such variance will be in harmony with the spirit and purpose of the UDC; (6) Such variance will not alter the essential character of the district in which is located the property for which the variance is sought; (7) Such variance will not substantially weaken the general purposes of the zoning regulations established for the district in which the property is located; (8) Due to special conditions, a literal enforcement of the UDC would result in unnecessary hardship; (9) The plight of the owner of the property for which the variance or exception is sought is due to unique circumstances existing on the property, including but not limited to the area, shape or slope, and the unique circumstances were not created by the owner of the property and are not merely financial, and are not due to or the result of general conditions in the district in which the property is located; (10) The variance or exception is not a self-created hardship; and (11) The variance is clearly identified as a variance to the town's standards on the concept plan, site plan or text of chapter 102. (e) Actions of the board. (1) In exercising its powers, the board may, in conformity with the provisions of the Texas Local Government Code, revise or reform, wholly or partly, or may modify the order, requirement, decisions, or determination appealed from, and shall have all the powers of the officer from whom the appeal is taken including the power to impose reasonable conditions to be complied with by the applicant. (2) The concurring vote of four members of the board shall be necessary to revise any order, requirements, decision or determination of any such administrative official, or to decide in favor of the applicant on any matter upon which it is required to pass under the UDC or to affect any variance in the UDC. (3) Any special exceptions authorized by the board, either under the provisions of the UDC, or under the authority granted to the board under the statutes of the state, shall authorize the issuance of a building permit or a certificate of occupancy or other relief as the case may be for a period of 90 days from the date of the favorable action on the part of the board,unless the board in its minutes shall, at the same time, grant a longer period. (4) If a building permit or certificate of occupancy shall not have been applied for or issued within a 90-day period or as the board may specifically grant, the special exceptions shall be deemed waived, and all rights thereunder terminated. The board may grant one or more extensions to this time period upon the applicant's request and if due cause is shown. (5) Such termination and waiver shall be without prejudice to a subsequent appeal to the board in accordance with the rules and regulations regarding appeals. Ordinance 895 Page ll of 18 (� Appeals on same matter. No appeal to the town council shall be allowed concerning the same matter prior to the expiration of six months from a ruling of the board on any appeal to such body unless other rulings on the same or similar subject matter have, within such six-month period, been altered or changed by ruling of the board, in which case such change of circumstances shall permit the allowance of an appeal, but shall in no way have force in law to compel the board, after a hearing, to grant such subsequent appeal,but such appeal shall be considered on its merits as in all other cases. (g) Effective date. A decision on a variance shall be effective upon approval by the board. (h) Appeal from board. Any person aggrieved by any decision of the town council or any officer, department, or board of the municipality pursuant to this section, may present to a court of competent jurisdiction, a petition, duly verified, setting forth that such decision is illegal, in whole or in part, and specifying the grounds of such illegality. Such petition shall be presented to the court within ten days after the filing of the decision complained of in the office of the town secretary and not thereafter. (UDC 1994, art. II, § 12; Ord.No. 707, § 2, 8-26-2013) Sec. 26-69. Town planner. (a) Qualifications. The town planner must be a member in good standing of AICP,AIA or PE. (b) Powers and duties. The town planner shall have the following powers and duties: (1) To make recommendations and provide assistance to the town council and planning and zoning commission concerning exercise of their responsibilities under the Unified Development Code; (2) To develop and recommend to the planning and zoning commission, and the town council, a Comprehensive Plan for the town or any amendments to the plan and to propose actions to implement the plan; (3) To coordinate all planning relating to the town's Comprehensive Plan; (4) To submit recommendations to the planning and zoning commission and council on request for zoning changes,variances and exceptions; (5) To render such administrative decisions as are required of the town planner by the UDC; (6) To perform such other duties as may be prescribed by ordinance or directed by the town council or planning and zoning commission. (UDC 1994, art. II, § 13) Sec. 26-70. Building official. (a) Qualifications. The building official must be a licensed architect, engineer or certified building official(CBO) as granted by the International Code Council (ICC) in good standing. (b) Powers and duties. The building official shall have the following powers and duties: (1) To issue permits in accordance with the UDC and Code of Ordinances; (2) To issue certificates of occupancy in accordance with the UDC and Code of Ordinances; (3) To enforce the provisions of the UDC and Code of Ordinances; (4) Such other powers and duties as may be lawfully delegated. (UDC 1994, art. II, § 14) Sec. 26-71. Procedure in planning and zoning cases/additional information submitted. (a) New matters of evidence not present to the planning and zoning commission shall not be heard or considered by the town council in its public hearings related to amendments to the zoning ordinance and maps to the town. (b) In the event new evidence develops between the date of the hearing by the planning and zoning commission and the hearing of the council on any zoning change, or if for any other valid reason a person wishes to present evidence to the council which had not been presented Ordinance 895 Page 12 of 18 to the planning and zoning commission, the council shall refer the case back to the planning and zoning commission for further hearings to consider the new evidence. (c) Nothing contained in this section shall be construed to prohibit anyone from speaking in the public hearing related to changes in zoning. (UDC 1994, art. II, § 15) Secs. 26-72-26-90. Reserved. DIVISION 3. ENFORCEMENT Sec. 26-91. Compliance required. (a) No person shall use, occupy, or develop any land,building or other structures, or authorize or permit such use, occupancy or development, except in accordance with all applicable provisions of the Unified Development Code and Code of Ordinances. (b) The owner of any building, structure, or land, or part thereof, and any architect, builder, contractor, agent or any other person employed in connection therewith, who violates, or assists in or contributes to the commission of a violation of the UDC or Code of Ordinances, shall be deemed guilty of such violation and shall become liable for the penalties established in this chapter. (UDC 1994, art. XV, § 1) Sec. 26-92.Notice of intent to suspend or revoke. Before suspension or revocation of any permit or autharization pursuant to this division, the building official, or designee, may give notice of the intent to suspend or revoke such permit or authorization, which notice may specify a reasonable time for compliance with the UDC or Code of Ordinances. If notice of intent is given, suspension or revocation may not occur before the time for compliance has expired. (UDC 1994, art.XV, § 2; Ord. No. 512, § 9, 4-23-2007) Sec. 26-93. Suspension or revocation of permit. (a) When the town determines that a permit has been issued in error or on the basis of incorrect information, or that there has been noncompliance with the provisions of the UDC or Code of Ordinances, the town manager or their designee may suspend the permit or license pending compliance with the UDC. The town manager or their designee may revoke a permit if compliance is not achieved within a reasonable period of time. (b) Notice of suspension or revocation of a building permit, or certificate of occupancy shall be sent to the permit holder by certified mail,return receipt requested. (c) A permit or certificate of occupancy may be immediately revoked by the town manager or their designee when and if additional noncompliance with the UDC and Code of Ordinances occurs after the permit has been suspended. (UDC 1994, art. XV, § 3; Ord. No. 512, § 9, 4-23-2007) Sec. 26-94. Suspension or revocation of permits conditioned by a variance or special exception. (a) When it is determined that there is a failure to comply with any term, condition or requirement of a variance or special exception, the town manager or their designee may suspend any permits pending. (b) Notice of suspension or revocation of a permit shall be sent by certified mail, return receipt requested. (c) The town council shall hold a public hearing no later than 45 days after notification of the suspension or revocation. If the council determines that there is a failure to comply with any term, condition or requirement of the variance or special exception, it may revoke the Ordinance 895 Page 13 of 18 variance or special exception or take such action as it considers necessary to ensure compliance. (UDC 1994, art. XV, § 4; Ord. No. 512, § 9, 4-23-2007) Sec. 26-95. Suspension and revocation of site plan, specific use permit or subdivision construction/engineering plan. (a) When the town determines that a subdivision construction plan has been approved in error or on the basis of incorrect information, or that there has been a failure to comply with the provision of the Unified Development Code and Code of Ordinances, the town manager or their designee may suspend the approval of the subdivision construction/engineering plan until there is compliance with the UDC. The town manager or their designee may revoke the approval of the subdivision construction/engineering plan if compliance is not achieved within a reasonable time. (b) Notice of suspension or revocation of the approval of a subdivision construction plan shall be sent by certified mail,return receipt requested. (c) A site plan or specific use permit may be revoked by the town council upon public hearing if violations of conditions are determined to exist. In addition, a specific use permit shall terminate in accordance with subsection 102-63(d). (UDC 1994, art. XV, § 5; Ord. No. 512, § 9, 5-23-2007) Sec. 26-96. Suspension and revocation of certificate of occupancy. (a) When the town manager or their designee determines that a certificate of occupancy has been issued in error or on the basis of incorrect information or that the building or structure is in violation of any ordinance or regulation, the town manager or their designee may suspend the certificate of occupancy until there is compliance with all ordinances and regulations. The town manager or their designee may revoke a certificate of occupancy if compliance is not achieved within a reasonable time. (b) Notice of suspension or revocation of a certificate of occupancy shall be mailed by certified mail,return receipt requested. (c) A certificate of occupancy may be immediately revoked by the building official or designee where additional noncompliance occurs after the certificate has been suspended. (d) The town council may hear appeals to the building official's decision to revoke the certificate of occupancy when it is alleged that there was an error of law in his/her order, requirement, decision or determination. (UDC 1994, art. XV, § 6; Ord.No. 512, § 9, 4-23-2007) Sec. 26-97. Cease and desist order. (a) When the town determines that there has been noncompliance with any material term, condition or requirement of the UDC or Code of Ordinances, the town may order any person having a proprietary interest in the property or any person engaged in the development or construction on the property to cease and desist from engaging in any further development or construction activities on the site. The cease and desist order shall be in writing and shall be posted on the site. The order shall specifically state the nature of the noncompliance and the acts prohibited. (b) The town may bring suit in a court of competent jurisdiction to restrain and enjoin any person attempting or allowing development or construction without a permit or other authorization or who fails to cease and desist from further development or construction after notice of a cease and desist order has been posted in accordance with this division. (c) When the town determines that there has been noncompliance with the UDC or Code of Ordinances which constitutes a health or safety hazard, a cease and desist order shall be issued and shall remain in effect until there has been compliance with the UDC or Code of Ordinance 895 Page 14 of 18 Ordinances. This division shall not override the county health director or designee's ability to suspend, or reinstate food or child care permits in conformance with state and federallaws. (UDC 1994, art. XV, § 7) Sec. 26-98. Appeal of cease and desist order, revocation or suspension. (a) Appeal of a cease and desist order, suspension or revocation may be made to the town council or the appropriate board,by any person aggrieved, by giving written notice no later than three days after the cease and desist order is posted, or notice of the suspension or revocation is received. The notice shall state: (1) The name and address of the person making the appeal; (2) The facts surrounding a particular appeal; (3) The nature of the cease and desist order, suspension or revocation; and (4) The reasons why the ruling should be set aside. (b) The town council or appropriate board shall hear the appeal at its next regularly scheduled meeting following receipt of the notice of appeal provided that the appeal is received at least three working days prior to that meeting. The town council or appropriate board shall either affirm or reverse the decision appealed no later than seven days after the close of the hearing. (c) An appeal brought under this section shall not stay the cease and desist order, suspension or revocation. (UDC 1994, art. XV, § 8) Sec. 26-99. Criminal enforcement. The violation of any of the provisions of the UDC or Code of Ordinances shall be unlawful and shall constitute a misdemeanor. (UDC 1994, art. XV, § 9) Sec. 26-100. Civil remedies. (a) If any building, structure or land is used, constructed, maintained, repaired or altered, or any development is undertaken in violation of the UDC or Code of Ordinances, including failure to comply with the landscape requirements, the town may institute any appropriate action to prevent, restrain, correct or abate the violation authorized by the state, including but not limited to the following: (1) To impose a civil penalty, not to exceed $2,000.00 a day, for the kinds of violations enumerated in V.T.C.A., Local Government Code § 54.012; (2) To enjoin violations or threatened violations of chapter 82 relating to the subdivision of land; (3) To recover damages from the owner of a tract of land in violation of chapter 82 in an amount adequate for the town to undertake any construction or other activity to bring about compliance with such regulation. (b) The imposition of any penalty shall not preclude the town from instituting any other appropriate action to require compliance with the UDC or Code of Ordinances and with administrative orders and determinations made pursuant to the UDC or Code of Ordinances. (UDC 1994, art.XV, § 10) Secs. 26-101-26-120. Reserved. ARTICLE IIL DEVELOPMENT; TAX ABATEMENT DIVISION 1. GENERALLY Sec. 26-121. -Adoption of tax abatement policy. Ordinance 895 Page 15 of 18 The tax abatement policy for the town, attached to Ordinance No. 303 as exhibit "1," as now or hereafter amended, and the economic development incentive policy for the town, attached to Ordinance No. 303 as exhibit "2," as now or hereafter amended are hereby adopted as provisions in this section as if set out at length in this section. Copies of such Tax Abatement Policy and copies of such Economic Development Incentive Policy have been filed as required in the office of the town secretary and are available to the public. (Ord.No. 303, §§ 2, 3, 8-3-1998) Secs. 26-122 26-140. Reserved. DIVISION 2. REINVESTMENT ZONE Sec. 26-141. Definitions. The following words,terms and phrases when used in this division, shall have the meanings ascribed to them in this section, eXcept where the context clearly indicates a different meaning: Act means the Property Redevelopment and Tax Abatement Act(V.T.C.A., Tax Code ch. 312). Zone or reinvestment zone means the reinvestment zone created in this division. (Ord.No. 304, 8-3-1998) Cross reference—Definitions generally, § 1-2. Sec. 26-142. Hearing. (a) A public hearing at a regularly scheduled meeting before the board was held at 7:30 on August 3, 1998. (b) The town at such hearing invited all interested persons, or their representatives, to appear and speak for or against the creation of a proposed reinvestment zone, the boundaries of the proposed reinvestment zone, whether all ar part of the territory described in this division should be included in such proposed reinvestment zone, and the concept of tax abatement. (c) All interested persons spoke and the proponents of the reinvestment zone offered evidence, both oral and documentary,in favor of the creation of the proposed reinvestment zone and the proponents also submitted evidence as to the proposed improvements. (Ord.No. 304, 8-3-1998) Sec. 26-143. Findings and determinations. The town, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the testimony and evidence presented to it: (1) That a public hearing on the designation of the reinvestment zone has been properly called, held and conducted and that notices of such hearings have been published as required by law and delivered to all taxing units located within the proposed reinvestment zone; (2) That the boundaries of the reinvestment zone should be the area as described in the metes and bounds description attached to Ordinance No. 304 and identified as exhibit "A," which is incorporated in this section for all purposes and which area is within the taxing jurisdiction of the town; (3) That the creation of the reinvestment zone for commercial-industrial tax abatement, with boundaries as described in exhibit "A" attached to Ordinance No. 304 will result in benefits to the land included in the zone and to the town after the expiration of any tax abatement agreement entered into and the improvements sought within the zone are feasible and practical; (4) That the reinvestment zone as defined in exhibit "A" attached to Ordinance No. 304 meets the criteria for the creation of a reinvestment zone as set forth in the Act, as Ordinance 895 Page 16 of 18 amended, in that it is reasonably likely as a result of the designation to contribute to the retention or expansion of primary employment or to attract major investment in the zone that would be a benefit to the property and that would contribute to the economic development of the town; and (5) That the reinvestment zone as defined in exhibit "A" attached to Ordinance No. 304 meets the criteria for the creation of a reinvestment zone as set forth in the town Tax Abatement Policy, which policy establishes guidelines and criteria governing tax abatement agreements by the town and provides for the availability of tax abatement for both new facilities and structures and for the expansion or modernization of existing facilities and structures. (Ord.No. 304, § 2, 8-3-1998) Sec. 26-144. Reinvestment zone created. Pursuant to the Act, the town hereby creates a reinvestment zone for commercial-industrial tax abatement encompassing only the area described by the metes and bounds in exhibit "A" attached to Ordinance No. 304, and such reinvestment zone is hereby designated and shall hereafter be designated as Reinvestment Zone No. One,Town of Westlake,Texas. (Ord.No. 304, § 3, 8-3-1998) 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 violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, shall constitute a separate offense. 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. Ordinance 895 Page 17 of 18 PASSED AND APPROVED ON THIS 30t"DAY OF SEPTEMBER 2019 ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance XXX Page 18 of 18 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Consent oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToPrc: Consider approval of a Resolution approving changes to the Town of Westlake's vacation and sick leave policies, and the incorporation of these amended policies into the Town of Westlake Personnel Manual. STaFF CoNTaCT: Todd Wood, Director of HR& Administrative Services Strategic Alignment i i � . � . . , ; . . � � - 1 � Exemplary Service&Governance Attract,Recruit, Transparent/Integrity- People,Faciliries, & -We set the standard by delivering Retain&Develop the driven Government Technology unparalleled municipal and Highest Quality educational services at the lowest workforce cost. Time Line- Start Date: October 1, 2019 Completion Date: N/A Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake's current vacation and sick leave policies were originally adopted in 2004 and have only been modified slightly since that time. This policy was designed to provide extra flexibility for Westlake's small staff, and it has been determined that this is no longer needed and adds unnecessarily complexity to the policies. This proposed policy amendments would allow employees to begin accruing vacation and sick time upon commencement of employment, instead of after six months. This straight accrual method is used by most cities. These changes add simplicity and ease of understanding of the policies. Page 1 of 2 The following pages include the proposed amendments to the current Town of Westlake Personnel Manual. Proposed additions to these policies are shown in blue, and deletions are shown in strikethrough. RECOMMENDATION Staff recommends approval of this item and incorporation into the Town of Westlake Personnel Manual. ATTACHMENTS Resolution with EXhibit"A": Proposed vacation and sick time policy amendments Page 2 of 2 TOWN OF WESTLAKE RESOLUTION 19-28 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AMENDMENTS TO THE TO THE TOWN OF WESTLAKE PERSONNEL MANUAL. WHEREAS, the Town of Westlake realizes that updates and refinements to our standardized personnel policies and procedures are an ongoing and necessary practice; and WHEREAS, the goal of the Town of Westlake is to provide policies and benefits that are competitive to surrounding cities; and WHEREAS, the Town of Westlake desires is to provide employees with a personnel manual that reflects the goals and vision of the Town's leaders; 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 L• 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 Westlake Town Council hereby approves the personnel policy amendments and their inclusion into the Town of Westlake Personnel Manual, attached to this resolution 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 19-28 Page 1 of 7 SECTION 4: That this Resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30th DAY OF SEPTEMBER, 2019. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 19-28 Page 2 of 7 Exhibit "A" - Proposed Personnel Manual Amendments VACATION Rcgular full-timc cmployccs arc providcd with vacation lcavc bascd upon lcngth of continuous service. Vacation leave may not be used until six (6) months of continuous service is completed. Unused leave balances will carry over to the next year up to a maximum of three years of accrual. Employees may be paid for unused vacation balance upon termination/resignation after twelve (]2) months of employment. Permanent part-time employees with regular work schedules are eligible for vacation leave on a pro-rated basis and will be calculated as a percentage of a 40-hour workweek. Temporary and seasonal employees are not eligible for vacation leave. Use of Vacation benefits should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. Vacation benefits for eligible employees shall accrue as follows: ����t�5--���,.o , .,,��k 0-5 years of service 3.08 hours (2 weeks per year) Over 5 years of service 4.62 hours (3 weeks per year) Over 10 years of service 6.15 hours (4 weeks per year) Vacation benefits for eligible Fire/EMS Personnel shall accrue as follows: ���r�nt�5--���,.o ��,� 0-5 years of service 5 hours (5 shifts per year) Over 5 years of service 7 hours (7 shifts per year) Over 10 years of service 10 hours (10 shifts per year) Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 720 hours (30 shifts) All other employees 480 hours (60 days) Accrual rates are based on length of continuous service with the Town of Westlake. Vacation leave shall not accrue during leaves of absence without pay nor shall it be advanced without approval from the Town Manager. Employees shall move into the next accrual bracket following the first full pay period after satisfying the required months of service. � , ; , ��,o ,. rio�;,,,, „��.�,oi.,o ,,, „��,� „�,.,,,,�;,,,,,,,,� � Resolution 19-28 Page 3 of 7 . , ri,.�,00 �„ , ����,o�,o,�;rr;r,� „���,o oi;,�;�.io r „a � . , � ,,;i„i.io �„ o ,.�, o ri,..,00 „��i,o i.o,.;,,,,;,,,. „���,o . � � Vacation banks may have a maximum balance of three (3) years of�accrued vacation. As vacation time is added to the employee's bank, e�t#�—a������any unused vacation above the maximum amount will be forfeited by the employee�s� ,,,a„�,.,....:,,.,.i, �,.,,o,a„�o� r „� „ ,.,,�;,.,, �,.,V, �..o;,,,.�.,i,o„ , � .,i ,,,.,,,.i.,,..,�o � Employees being transferred,promoted, or demoted shall retain their current accrued vacation and accrual rate. Vacation leave shall not be advanced to employees without Town Manager approval, nor is it transferable between employees. Official holidays occurring during a vacation shall not be charged to vacation leave. . , , ,�o�,.o ��.o;.. , �� > > , , , ,.�„���.,o oa ��„-,,,,,��,,,,,���,o � o Resolution 19-28 Page 4 of 7 � . , � � > > � �;i��,io �„ o ,.�, o ri,,.,00 ����,o�,o,�;,,,,;,,,� „���,o � , � Accrued vacation that is�unused upon termination is payable at the employee's regular hourly rate. SICK LEAVE The Town of Westlake provides paid sick leave benefits to eligible regular full-time and regular part-time employees for r „a� „��o,,.,r,,,,,,,,,, ,,,.�o,,,.o ,a„o�,. ;��„o�� ,.�. ,.o,,,�o,a ; „ ., , , • illness or injury, medical, dental and or eye appointments, or illness of a member of the employee's immediate family which require the employee's presence. Temporary or seasonal employees will not receive paid sick leave benefits. , It is the responsibility of the employee or someone acting on his/her behalf, to notify the department of his/her inability to report for work within one (1) hour of the normal reporting time. � , , > > > All time missed from work due to Sick Leave should be documented on an Employee Absence Form (see Forms Appendix). The form should be approved by the Department Head and forwarded to the Payroll Department for processing. Fire/EMS employees may document sick time usage on the employee timesheet. An eligible employee may use sick leave for��� �T��r'� r���*�� illness or injury, medical, dental and or eye appointments, or illness of a member of the employee's immediate family(� Resolution 19-28 Page 5 of 7 m'��r� r �;a;r�� ,;*'�;„ *'��'��„��'��'a ��*'�� � N'�����' which require the employee's presence. Employees may use sick time for the direct care of family members who do not reside in the employee's household in certain circumstances. At their discretion, supervisors may require written substantiation of the reason(s) when sick leave is requested under this provision. Additional documentation is not required when the requested leave is approved under the provisions of the Family Medical Leave Act (FMLA). , � , � , � A physician's statement is normally not required unless an employee is absent for more than three (3) consecutive work days (or one 24-hour shift for Fire/EMS personnel), working an intermittent schedule or a reduced schedule meeting FMLA criteria, or if a statement is not requested by the supervisor. When sick leave abuse is suspected, supervisors may require a physician's statement for any sick leave absence. The physician's statement should indicate the following: • Date the medical condition began and the probable duration; • Estimate of time the employee will be unable to perform work of any kind, or whether it is necessary to take intermittent leave or work a reduced schedule (part- time) and the duration of such schedules; • If the employee is needed to care for the family member�g in the employee's household and the duration of the leave. Sick leave benefits are calculated on the employee's base pay rate at the time of absence and will not include any special types of compensation. Any employee who requests sick leave pay while performing outside work for compensation shall be deemed to be in conflict with the intent of this benefit and the employee shall be subject to the loss of the paid sick leave time (in accordance with the Fair Labor Standards Act regarding the docking of pay for exempt employees) and subject to appropriate disciplinary action. Sick leave benefits shall not apply in incidents caused by willful misconduct,purposely self- inflicted, while on leave without pay, absence without leave, or result of other employment. Sick leave is accrued by all full-time employees �**'���„��T,;�����„r*� r�+�� for each pay period worked. Employees must work one full pay period before accruing leave. Sick leave benefits for eligible employees shall accrue as follows: ���e�s-e€-�e��E� , ..,�€�c 0-5 years of service 3.08 hours (2 weeks per year) Over 5 years of service 4.62 hours (3 weeks per year) Resolution 19-28 Page 6 of 7 Over 10 years of service 6.15 hours (4 weeks per year) Sick leave benefits for eligible Fire/EMS Personnel shall accrue as follows: ���r�nt��-o��e�,.o ���s 0-5 years of service 5 hours (5 shifts per year) Over 5 years of service 7 hours (7 shifts per year) Over 10 years of service 10 hours (10 shifts per year) Maximum accrual totals shall be as follows: Fire/EMS Personnel on 24-hour shifts 1440 hours (60 shifts) All other employees 480 hours (60 days) Permanent part-time employees with regular work schedules are eligible for sick leave on a pro- rated basis and will be calculated as a percentage of a 40-hour workweek. , vccc'�'',Tc�iC�£�cc�e—ccEC�l-k'�''�A�s�c'�i�r'��iiv�Ar-c'�$€�iE�fvrirPv��i6ir�r� @H}piv�c�:s ��e�l� Usc of sick leave may not result in thc non-cxcmpt cmployces bcing compensated for more than 40 hours per week. Fire/EMS personnel may not use sick leave that results in the employee being compensated for more than 120 hours in a regular 15-day pay period. Payment shall be made for accruals of unused� sick leave upon retirement or death of the employee. Under this policy, retirement is defined as termination initiated by the employee who has fulfilled the age and years of service requirements under TMRS. Payment is contingent provided the employee has completed twelve (12) months of employment with the Town and has not been discharged as a result of criminal or civil misconduct involving Town property, personnel, or official position. Payment of unused sick leave in other circumstances is to be made only if approved in advance by the Town Manager. Resolution 19-28 Page 7 of 7 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Consent oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 TOPIC: Consider a Resolution authorizing an Inter-Local Agreement with Tarrant County for the reconstruction of Roanoke Road, Pearson Lane and the Westlake Maintenance Building parking lot, authorizing the Town Manager to execute the agreement and authorizing town staff to make funding changes not to exceed $25,000 on this project. STaFF CoNTaCT: Troy J. Meyer, Director of Public Works &Facilities Strategic Alignment i i � . � . . , ; . . � � - 1 � High Quality Planning,Design& Informed&Engaged Development-We are a desirable Citizens/Sense of Municipal& Well planned,high-quality Encourage Westlake's Community Academic Operations community that is distinguished by Unique Sense of Place exemplary design standards. Time Line- Start Date: May 8, 2020 Completion Date: August 1, 2020 Funding Amount: $430,000 Status - N/A Source- Capital Projects Fund Contract: Yes Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In the proposed Inter-Local Agreement(ILA)with Tarrant County for the reconstruction of Roanoke Rd., Pearson Lane and the Westlake Maintenance Building parking lot, Tarrant County will provide the all reconstruction labor and the Town of Westlake will provide materials, traffic control, removal of the existing asphalt, and drainage improvements. This agreement leverages favorable pricing through economies of scale for construction materials and services secured through the County's competitive bidding process. The cost saving to the Town is estimated at$30,000.00. Page 1 of 2 Construction is scheduled to begin in May of 2020 with wark starting on Roanoke Rd. beginning at the Westlake Town boundary on HWY 170. Repaving improvements will include the reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5" asphalt surface. Stabilization will extend 1' from the edge of pavement, while increasing the existing street width to 25', and extending the box culvert at the creek crossing just to the south of HWY 170. The reconstruction on Pearson Lane will begin at Dove Road and run south to the Town limits. It also consists of reclamation of existing asphalt incorporated with the re-stabilization of the road base and 5" asphalt surface. Stabilization will extend 1' from the edge of pavement, while increasing the existing street width to 25'. The existing concrete pipe culvert crossing will be replaced to improve drainage capacity and flow at this low point. In addition, an 8-foot concrete trail, running from Aspen Lane to Dove Rd. on the east side of Pearson,will be constructed if we are able to obtain all easements. The eXisting gravel parking lot at the Maintenance Building located at 2900 Dove Rd. will be reconstructed and replaced with a 5" asphalt surface. The existing gravel will be utilized as a base material to support the proposed asphalt pavement. The project will include an 8-foot-wide sidewalk which will be installed by a separate contractor. Staff is working on getting the easements for the current property owners on the east side of Pearson Lane from Aspen Lane north to Dove Rd. RECOMMENDATION Staff recommends 'approval of the Inter-Local Agreement with Tarrant County for the reconstruction of Roanoke Road, Pearson Lane and the Westlake Maintenance Building parking lot, authorizing the Town Manager to execute the agreement and authorizing town staff to make funding changes not to exceed $25,000 on this project. ATTACHMENTS Resolution Exhibit"A" Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-29 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING AN INTER-LOCAL AGREEMENT WITH TARRANT COUNTY FOR THE RECONSTRUCTION OF ROANOKE ROAD, PEARSON ROAD AND THE WESTLAKE MAINTENANCE BUILDING PARHING LOT, AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT AND AUTHORIZING TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, Tarrant County and the Town of Westlake are both governmental entities engaged in the purchase of goods and services, which is a recognized governmental function; and, WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and infrastructure; and, WHEREAS, the Town Council finds that the Inter-Local agreement and improvements of Roanoke Rd., Pearson Rd. and the Maintenance Building parking lot benefit the public; 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 hereby approves the Tarrant County Inter-Local agreement attached as Exhibit "A" and authorizes the Town Manager to sign on behalf of the Town of Westlake and authorizes town staff to make funding changes not to eXceed$25,000 on this project. 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 19-29 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30 TH DAY OF SEPTEMBER 2019. ATTEST: Laura L. Wheat, Mayor APPROVED AS TO FORM: Kelly Edwards, Town Secretary L. Stanton Lowry, Town Attorney Resolution 19-29 Page 2 of 2 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas ("COUNTY"), and the Town of Westlake ("TOWN"). WHEREAS, the TOWN is requesting the COUNTY's assistance to: • Rehabilitate and Resurface Pearson Road located within the Town of Westlake from Dove Road to Town Limits (Approximately 1,295 linear feet). • Rehabilitate and ResurFace Roanoke Road located within the Town of Westlake from SH 170 to 465 ft North of Oak Trail (Approximately 3,926 linear feet). • Stabilize and Resurface Fire Station Parking Lot located within the Town of Westlake on Dove Road (Approximately 607 SY). Hereinafter, collectively referred to as the "Project". WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the perFormance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the Town Council of the TOWN each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The TOWN and the COUNTY have authorized their representative to sign this Agreement. Town of Westlake Res 19-29 Page 1 of 6 e. Both parties acknowledge that they are each a "governmental entity" and not a "business entity" as those terms are defined in Tex. Gov't Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov't Code Section 2252.908 is required. NOW, THEREFORE, the COUNTY and the TOWN agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the TOWN in completing the Project: • Pearson Road: Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, and clean the project jobsite. • Roanoke Road: Following milling and removal of the excess materials by the TOWN, the COUNTY will stabilize the exposed subgrade, regrade, shape, and prime the roadbed, place three inches of asphalt base, place two inches of asphalt surface, backfill the pavement edges and clean the project jobsite. • Fire Station Parking Lot: The COUNTY will add flex base and stabilize the exposed subgrade, regrade, shape, prime, place two inches of asphalt surface, and clean the project jobsite. 2. TOWN RESPONSIBILITY 2.1 The TOWN will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The TOWN will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the TOWN for incidental material cost. 2.2 The TOWN will pay for one-half of the COUNTY's fuel used to construct this Project. The COUNTY will invoice the TOWN for the fuel consumed at the conclusion of the Project. Town of Westlake Res 19-29 Page 2 of 6 2.3 The TOWN will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The TOWN will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The TOWN will make all necessary repairs and preparations to the existing roadway prior to the COUNTY starting work. 2.5 The TOWN will adjust all utilities, manholes and valve boxes for this Project. 2.6 The TOWN will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 2.7 The TOWN will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The TOWN will furnish a nearby site for dumping all spoils and waste materials generated during construction of this Project. 2.9 The TOWN will provide the material to backfill the pavement edges for this project. 2.10 If required, the TOWN will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The TOWN further agrees to pay for all cost (including sub-contractor materials, labor and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the TOWN. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the TOWN has a complaint regarding the construction of the project, the TOWN must complain in writing to the COUNTY no later than 30 days of the date of project completion. 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive TOWN rights under a legal theory of sovereign immunity. Town of Westlake Res 19-29 Page 3 of 6 5. OPTIONAL SERVICES 5.1 If requested by the TOWN, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the TOWN desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the TOWN will need to enter into a separate agreement with the COUNTY for the provision of those services. 5.2 If requested by the TOWN, The TOWN will reimburse the COUNTY for actual cost of any overtime hours the TOWN requires the COUNTY to provide watering the roadway for dust control after regular work hours. 5.3 If requested by the TOWN, the COUNTY will provide traffic control required for the Project. This responsibility includes all signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site with the exception of any portable changeable message boards which will be supplied by the TOWN. Traffic control measures provided by the COUNTY will be billed at the actual labor cost plus 10% for use of the COUNTY traffic control devices. 6. TIME PERIOD FOR COMPLETION The TOWN will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party's agent, or party's employee, otherwise provided by law. The relationship between the parties to this Agreement does not create a partnership orjoint venture between the parties. This Agreement does not appoint any party as agent for the other party. Town of Westlake Res 19-29 Page 4 of 6 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION This Agreement will automatically terminate on either September 30, 2020 or on the date the project is completed, whichever occurs first. Nothwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days' written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the TOWN remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. TARRANT COUNTY, TEXAS TOWN OF WESTLAKE B. Glen Whitley Amanda DeGan County Judge Town Manager Date: Date: Gary Fickes Troy J. Meyer Commissioner, Precinct 3 Managing Director of Public Works Town of Westlake Res 19-29 Page 5 of 6 Date: Date: Attest: Kelly Edwards, Town Secretary APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY Criminal District Attorney's Office* Town Attorney * By law, the Criminal District Attorney's Office may only approve contracts for its clients. We reviewed this document as to form from our clienYs legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Town of Westlake Res 19-29 Page 6 of 6 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE RegularMeeting - Consent oisriNorivE sv oEsicN Westlake Town Council Meeting Monday, September 30, 2019 ToPrC: Consideration of a Resolution Approving an Economic Development Agreement between the Town of Westlake and the Marriott Solana Hotel. STAFF CoNTAc'T: Debbie Piper, Finance Director Strategic Ali�nment i i � . � . . , ; . . � � - � � Exemplary Service&Governance -We set the standard by delivering Increase Revenue Fiscal Responsibility Fiscal Stewardship unparalleled municipal and Streams educational services at the lowest cost. Time Line- Start Date: October l, 2019 Completion Date: September 30,2019 Funding Amount: $130,000 Status - Funded Source-VAF (Hotel Tax) Contract: Yes Forms: Forms 1295 &2270 EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This proposed twelve (12) month economic development grant agreement includes both the "Shuttle Bus Transportation Cost" as well as the "Incentive Program". If approved, this would be the tenth consecutive year the Town has partnered with the Marriott Solana Hotel regarding the "Incentive Program". Prior to this, the Town participated in only the Hotel's shuttle bus system costs. Below is a description of both portions of this proposed economic development grant that would disburse hotel/motel occupancy tax funds from the Town to the Marriott Solana. Page 1 of 3 • Shuttle Bus Transportation Cost Participation. An amount of $80,000 has been proposed in FY 19-20 budget far the Town's participation in a portion of the operating cost of Marriott providing shuttle bus service to its guests. This is the same amount adopted in the prior year. Marriott Solana management has shared with Council in previous meetings the importance this shuttle bus service has to this property maintaining its competitive position in the local market, particularly competing with the Hilton at Southlake Town Center and the Marriott at the Texas World Speedway. Marriot Solana management has emphasized repeatedly to Council that this shuttle bus service is essential for this property to succeed; both in terms of keeping its existing business bookings and in terms of growing its income stream by marketing to new businesses. In addition to providing shuttle services to and from DFW airport for Marriott Solana guests, this bus service also provides hotel guests with transportation to area shopping/entertainment venues (Southlake Town Center) and corporate training centers. • Group Business Incentive Program. The proposed FY 19-20 budget for this portion is $50,000. Staff inet with Marriott management to discuss the current year's use of these funds that is estimated to be approXimately $16K of the available $50,000. Based on the influx of competition with new properties and discussions with Marriott's marketing team, a different incentive is being proposed for the current year. Currently the Town is paying a maXimum of$7,500 for each group; 10%of the room night revenue up to a maximum of$5,000 and 10% of the food and beverage revenue up to a maximum of$2,500. Below are the details of the revised new group and local catering incentive program totaling $50,000: • Dollar amount back per room rather than percentage of overall program, based on a sliding scale to assist in closing business 0 100-200 actualized total room nights - $10 back per room night 0 201-349 actualized total room nights - $12 back per room night 0 350+ actualized total room nights - $14 back per room night o Friday/Saturday peak with 50 actualized total rooms night - $10 back per room o Groups cannot have hosted event in last 18-months and the Marriott must be competing against another city and/or home city o Funds to still cap at $5,000 per group • Dollar amount back per person rather than percentage back of overall program, based on a sliding scale to assist in closing business o $4,000 Food and Beverage Minimum Contracted - $6 back per person o $6,000 Food and Beverage Minimum Contracted - $8 back per person o $8,000+Food and Beverage Minimum Contracted - $10 back per person o Groups cannot have hosted an event in the last 18-months and the Marriott must be competing against another city and/or home city Page 2 of 3 o Funds to remain caped at $2,500 per local group Marriott management is hoping this revised program will help with local catering events, i.e. banquets, proms, weddings, etc. This proposed grant agreement is a reinvestment in the tourist sector of the Town's economic development efforts (an allowed use under State law for these hotel occupancy tax funds) which will allow the Marriott Solana to more effectively compete in a recovering, but still very competitive hotel market. This proposed agreement continues the requirement for performance measures to be included in required quarterly reports submitted by the Marriott Solana to the Town. These reports will be important for evaluating the success and impact of this economic development grant on: 1.) maintaining this important Town revenue stream and 2.) growing this revenue stream in a challenging and highly competitive economic environment. In is important to recognize that, under State law, this is a grant of public dollars for economic development purposes. As such,this agreement also includes "claw back"provisions that, should the Town determine that the Marriott has not spent these grant funds for their intended purpose, the Town can require that those funds be repaid with interest. Additionally,if it is determined that the group business program is not achieving its objective, the Staff will notify both the hotel's management and the Council to take steps to address its performance or recommend the program not be renewed upon expiration of the grant agreement, although this has not been the case to date. The Town receives 7% of the 13%hotel/motel occupancy taX allowed by State law. The current budget contains an estimated receipt of$820K of which $780K is likely to be from the Marriott. This represents approximately 5% of the total municipal operating revenue stream and is derived primarily from the Town's only hotel,the Marriott Solana. The remaining estimated $76K is received from Deloitte University. Of the total $76K, only 50% is retained by the Town due to an economic development agreement. Budgeted revenues for FY 19-20 are proposed to remain flat. In the past, the Town has utilized hotel/motel occupancy taX funds for many important programs including funding costs related to special events such as Arbor Day, Decoration Day, as well as the MasterWorks outdoor concert series at Solana. Additionally, because Westlake has broader statutory authority under State law than most cities to spend hotel/motel occupancy tax funds for any municipal purpose, the Town has used these funds to cover costs of various municipal operational costs. The Town Council adopted an updated economic development policy in 2016 (Resolution 16-30). This proposed agreement comports to that policy. Further, this economic development agreement fits with the Town's Adopted Strategic Plan Vision Points. RECOMMENDATION Recommend adoption of the resolution approving this economic development grant agreement ATTACHMENTS Resolution Marriott Solana Economic Development Agreement Page 3 of 3 TOWN OF WESTLAKE RESOLUTION 19-30 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, APPROVING AN ECONOMIC DEVELOPMENT AGREEMENT WITH THE MARRIOTT SOLANA. WHEREAS, the Westlake Town Council, in its current Strategic Plan, has identified "Fiscal Responsibility" as a Vision Point as well as "Financial Stewardship" as a Perspective that must be addressed to move the Town towards this Vision Point; and, WHEREAS, the Town of Westlake sales and use taxes are an important revenue source to support its general operations; and, WHEREAS, the Town Council desires to have new and eXisting businesses that maintain and grow their sales and use tax streams, which in turn, enhances the Town's financial position and sustainability per its Strategic Plan; and WHEREAS, the Town Council acknowledges that the Town's Visitors Association Fund is a key component of its financial structure and that an economic development grant to the Marriott Solana Hotel will help solidify and maintain that structure; and, WHEREAS, Town has an updated economic development policy adopted by Resolution 16-30 and that this proposed economic development agreement with the Marriott Solana meets those policy guidelines and meets the requirements of State law for municipalities to grant 380 economic development grants to businesses located in their boundaries; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: THAT, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: THAT, the Town Council of the Town of Westlake, TeXas, hereby approves the Economic Development Grant Agreement with the Marriott Solana attached hereto as Exhibit "A"and Hotel Support Program as Exhibit "B"and further authorizes the Town Manager to execute said agreement on behalf of the Town of Westlake. Resolution 19-30 Page 1 of 14 SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30th DAY OF SEPTEMBER 2019. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary APPROVED AS TO FORM: L Stanton Lowry, Town Attorney Resolution 19-30 Page 2 of 14 Exhibit A ECONOMIC DEVELOPMENT PROGRAM AGREEMENT This ECONOMIC DEVELOPMENT PROGRAM AGREEMENT ("Agreement") is entered into by and between the TOWN OF WESTLAKE, TEXAS (the "Town"), a Type-A general law municipal corporation organized under the laws of the State of Texas, and MARRIOTT HOTEL SERVICES, INC. D/B/A DALLAS/FORT WORTH MARRIOTT SOLANA, ("Marriott:), a Hotel. The Town and Marriott are collectively referred to as the "Parties". RECITALS The Town and Marriott hereby agree that the following statements are true and correct and constitute the basis upon which the Town and Marriott have entered into this Agreement: A. Marriott operates a 294 (288 plus 6 suites) room, full-service hotel located at 1301 Solana Blvd. Building #3, Westlake, Texas, (the "Hotel") The Hotel provides a valuable catalyst for visitors, tourism, and economic development to the Town. B. To increase visitors and tourism, and to maximize the economic benefits that the Hotel can bring to the Town, the Town and Marriott desire to enter into this Agreement. C. In accordance with Resolution No. 16-30, adopted by the Town Council on August 22, 2016, the Town has established an economic development incentive policy and program pursuant to which the Town will, on a case-by-case basis, offer economic incentive packages authorized by Chapter 380 of the TeXas Local Government Code, Article III, Section 52-a of the Texas Constitution, and other applicable laws, that include monetary loans and grants of public money, as well as the provision of personnel and services of the Town, to businesses and entities that the Town Council determines will promote State or local economic development and stimulate business and commercial activity in the Town in return for verifiable commitments from such businesses or entities to cause specific infrastructure, employment and other public benefits to be made or invested in the Town (the "380 Program"). D. The Town Council has determined that by entering into this Agreement, the potential increase of visitors and tourism and economic benefits that will accrue to the Town under the terms and conditions of this Agreement are consistent with the Town's economic development objectives and the 380 Program and will further the goals for positive economic growth, visitors and tourism in the Town. This Agreement is authorized by Chapter 380 of the Texas Local Government Code and the 380 Program. NOW, THEREFORE, in consideration of the mutual benefits and promises contained herein and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties agree as follows: Resolution 19-30 Page 3 of 14 AGREEMENT 1. INCORPORATION OF RECITALS. The Town Council has found at a duly-called and legally-noticed public meeting through the adoption of Town Resolution attached hereto as Exhibit "A" and hereby made a part of this Agreement for all purposes, and the Town and Marriott hereby agree, that the recitals set forth above are incorporated herein and true and correct and form the basis upon which the Parties have entered into this Agreement. 2. DEFINITIONS. In addition to terms defined in the body of this Agreement, the following terms shall have the definitions ascribed to them as follows: 380 Program has the meaning ascribed to it in Recital C. Affiliate means all entities, incorporated or otherwise, under common control with, controlled by or controlling Marriott. For purposes of this definition, "control" means fifty percent (50%) or more of the ownership determined by either value or vote. Pro�ram Grants means the annual allowable economic development grants paid (whether in one or multiple installments) by the Town to Marriott in accordance with this Agreement and as part of the 380 Program. Pro�ram Source Funds means an amount of Town funds legally available for inclusion in a Program Grant that is payable to Marriott in a given Program Year, which shall be derived from hotel occupancy taxes generated by the Hotel and received by the Town pursuant to Chapter 351 of the TeXas TaX Code, or other legally available funds of the Town. Pro�ram Year means the Town's fiscal year (i.e. October 1 through September 30th) in which the Town is obligated pursuant to this Agreement to pay Marriott a Program Grant, beginning with the first fiscal year following the eXecution of this Agreement. Quarterlv Report has the meaning ascribed to it in Section 4.2. Records have the meaning ascribed to it in Section 4.3. Term has the meaning ascribed to it in Section 3. Town of Westlake Hotel Support Program has the meaning ascribed to it in Section 4.1. Resolution 19-30 Page 4 of 14 3. TERM. This Agreement shall be effective as of the date of execution by the Parties (the "Effective Date") and, unless terminated earlier in accordance with this Agreement, shall eXpire one (1) year from the Execution Date. 4. TOWN AND MARRIOTT'S OBLIGATIONS AND COMMITMENTS. 4.1. Town of Westlake Hotel Support Program The total amount to be granted by the Town to Marriott under the terms of this Agreement for the Town of Westlake Hotel Support Program shall not eXceed $130,000 with said Town of Westlake Hotel Support Program, consisting of the following: a. Group Booking Incentives, the requirements for which are attached hereto as Exhibit "C" and hereby made a part of this Agreement for all purposes (the "Hotel Support Agreement") and details the obligations of Marriott to receive, and the Town to grant, the Program Grants from the Program Source Funds during the Program Year related to group bookings at the Hotel. The purpose of this component of the Town's Hotel Support Program shall be to increase new group bookings for the Hotel and to not incur a decrease in overall group meeting business (i.e. all group bookings at the Hotel both of new group business and repeat group business), thus increasing economic development through tourism and business development activity in the Town. The Group Booking Incentives provided by the Town under this Agreement to the Hotel shall not exceed $50,000 during the term of this Agreement. b. Transportation Costs, for which a total sum of$80,000 shall be provided by the Town under this Agreement to cover a portion of the operating cost for bus transportation services provided by the Marriott for guests of the Hotel. Funds disbursed by the Town under this component of the Town's Hotel Support Program shall be made at the end of each Town fiscal year quarter following submission by Marriott, and acceptance by the Town, of the Quarterly Report for the preceding quarter. The purpose of this component of the Town's Hotel Support Program is to enhance the Marriott's ability to increase room nights and retain existing room nights at the Hotel (as reported in Section 4.2 below), thus increasing economic development through tourism and business development activity in the Town. At all times during the term, the name "Westlake, Texas" shall be visibly reflected and marked on both sides of any shuttle buses or vehicles used by the Hotel. Resolution 19-30 Page 5 of 14 4.2. Reports and Filin�s. On a quarterly basis during the Term, Marriott shall submit a written report to the Town specifically delineating its compliance with this Agreement (the "Quarterly Report"). The Town Manager shall receive the Quarterly Report no later than thirty (30) days from the end of each quarter. Said Quarterly Report will contain, as a minimum, the following performance measure information for the reporting period for the Town to measure the effectiveness of its investment in this grant of public funds to Marriott for this Hotel: • Total funds paid to date aggregate under this Agreement during the contract term to Marriott regarding group incentives of the Town's Hotel Support Program described in Section 4.1 of this Agreement • Total funds spent to date by Marriott for the activities and purposes set out in Section 4.1 of this Agreement • Increases in average daily occupancy at the Hotel • Decreases in average daily occupancy at the Hotel • Number of room nights generated by new group bookings at the Hotel • Number of room nights generated by repeat group business, bookings at the Hotel, number of bus transportation trips daily to DFW Airport for guests at the Hotel • The number of new group bookings made for the Hotel during the reporting period and the number of repeat group business bookings made for the Hotel during the reporting period. • A brief description of marketing/sales efforts made during the reporting period for the Hotel including: o the number and type of new group sales prospects identified, targeted, and group sales closed by Marriott sales staff during the reporting period o the number and type of new group sales made by contacts from outside the Hotel Marriott • Average number of bus transportation trips daily to off-premise meeting locations for guests at the Hotel • Average number of bus transportation trips daily to other off-premise locations (entertainment, shopping, etc.) for guests at the Hotel • Operating costs incurred by the Hotel during the quarter for shuttle bus transportation services 4.3. Audits. Per the requirements of State law and the Town ordinance establishing the Town's hotel-motel occupancy tax, the Town will have the right throughout the Term to audit any and all financial and business records of Marriott that relate to the performance of this Agreement and any other documents necessary to evaluate Marriott's compliance with this Agreement or with the goals set forth in this Agreement, including, but not limited to construction documents and invoices (collectively "Records"). Marriott shall make all Records available to the Town at the Hotel or at another location in the Town acceptable to both parties following reasonable advance notice by the Town and shall otherwise cooperate fully with the Town during any audit. Resolution 19-30 Page 6 of 14 5. DEFAULT, TERMINATION AND FAILURE BY MARRIOTT TO MEET VARIOUS DEADLINES AND COMMITMENTS. 5.1. Continuous OUeration. Following the Completion Date, if Marriott fails to continuously operate a full-service hotel at 1301 Solana Blvd. Building #3, Westlake, Texas, 76262, the Town shall have the right to terminate this Agreement by providing written notice to Marriott without further obligation to Marriott hereunder. 5.2. Failure to Pav Town Taxes or Fees. An event of default shall occur under this Agreement if any legally-imposed Town taxes or fees owed on, or generated by, the hotel become delinquent and Marriott or the Affiliate does not either pay such taXes or follow the legal procedures for protest and/or contest of any such taxes. In this event, the Town shall notify Marriott in writing and Marriott shall have sixty (60) calendar days to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to it under the law or in equity. 5.3 Violations of Town Code, State or Federal Law. An event of default shall occur under this Agreement if any written citation is issued to Marriott or an Affiliate due to the occurrence of a violation of a material provision of the Town Code at the Hotel (including, without limitation, any violation of the Town's Building or Fire Codes and any other Town Code violations related to the environmental condition of the Hotel; or to matters concerning the public health, safety or welfare) and such citation is not paid or the recipient of such citation does not properly follow the legal procedures for protest and/or contest of any such citation. An event of default shall occur under this Agreement if the Town is notified by a governmental agency or unit with appropriate jurisdiction that Marriott or an Affiliate, or any successor in interest thereto, any third party with access to the Hotel pursuant to the express or implied permission of Marriott or an Affiliate, or any a successor in interest thereto, is in violation of any material state or federal law, rule or regulation on account of the Hotel, improvements on the Hotel or any operations thereon (including, without limitation, any violations related to the environmental condition of the Hotel; the environmental condition other land or waters which is attributable to operations on the Hotel; or to matters concerning the public health, safety or welfare). Upon the occurrence of such default, the Town shall notify Marriott in writing and Marriott shall have (i) thirty (30) calendar days to cure such default or (ii) if Marriott has diligently pursued cure of the default but such default is not reasonably curable within thirty (30) calendar days, then such amount of time that the Town reasonably agrees is necessary to cure such default. If the default has not been fully cured by such time, the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott and shall have all other rights and remedies that may be available to under the law or in equity. Resolution 19-30 Page 7 of 14 5.4. Unauthorized Use of Funds and Requirement for Repavment to Town. If, during an audit by the Town under the provisions of this Agreement, the Town determines that the proceeds of this grant have not been utilized by Marriott for the purposes outlined in this Agreement, Marriott will be given thirty (30) calendar days to cure (following written notice from the Town) and, if Marriott fails to cure per the written notice from the Town, Marriott shall immediately remit to the Town the entire amount under this Agreement paid by the Town to Marriott during the reporting period during which the Town has identified that Marriott was not in compliance with the terms of this Agreement. If said amount is not remitted to the Town within 30 calendar days from the end of the cure period, that amount demanded for repayment to the Town plus six (6) percent simple interest on the repayment amount shall be due, in full, to the Town. For the purposes of this Section, Simple Interest" is defined as a rate of interest applied to the aggregate amount of the Program Grants paid by the Town to Marriott during the reporting period in which Marriott was in violation of this Agreement. 5.5. Failure to Submit Reports. Without limiting the application of Section 5.6, if Marriott fails to submit any report required by and in accordance with Section 4.2, the Town's obligation to pay any Program Grants at the time, if any, shall be suspended until Marriott has provided and is current on all reports. 5.6. General Breach. Unless stated elsewhere in this Agreement, Marriott shall be in default under this Agreement if Marriott breaches any term or condition of this Agreement. In the event that such breach remains uncured after thirty (30) calendar days following receipt of written notice from the Town referencing this Agreement (or, if Marriott has diligently and continuously attempted to cure following receipt of such written notice but reasonably requires more than thirty (30) calendar days to cure, then such additional amount of time as is reasonably necessary to effect cure, as determined by both parties mutually and in good faith), the Town shall have the right to terminate this Agreement immediately by providing written notice to Marriott. 6. NO INDEPENDENT CONTRACTOR OR AGENCY RELATIONSHIP. It is expressly understood and agreed that Marriott shall not operate as an independent contractor or as an agent, representative or employee of the Town. Marriott shall have the exclusive right to control all details and day-to-day operations relative to the Hotel Support Program and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees and invitees. Marriott acknowledges that the doctrine of respondent superior will not apply as between the Town and Marriott, its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Marriott further agrees that nothing in this Agreement will be construed as the creation of a partnership or joint enterprise between the Town and Marriott. Resolution 19-30 Page 8 of 14 7. INDEMNIFICATION. MARRIOTT, AT NO COST OR LIABILITY TO THE TOWN, AGREES TO DEFEND, INDEMNIFY AND HOLD THE TOWN, ITS OFFICERS, AGENTS, ATTORNEYS, SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO MARRIOTT'BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY (i) MARRIOTT' BREACH OF ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT; OR (ii) ANY ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF MARRIOTT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE TOWN, OR ITS EMPLOYEES, OFFICERS, AGENTS, ASSOCIATES, CONTRACTORS OR SUBCONTRACTS), OR SUBCONTRACTORS DUE OR RELATED TO OR ARISING FROM OPERATION AND CONDUCT OF THE HOTEL SUPPORT PROGRAM OR OTHERWISE TO THE PERFORMANCE OR OBLIGA TIONS OF THIS A GREEMENT. 8. NOTICES. All written notices called for or required by this Agreement shall be addressed to the following, or such other party or address as either party designates in writing, by certified mail,postage prepaid, or by hand delivery: Town• Marriott• Town of Westlake Marriott Dallas/Fort Worth Solana Attn: Town Manager Attn: General Manager 1500 Solana Blvd, Bldg. 7, Suite 7200 1301 Solana Blvd, Bldg. #3 Westlake, Texas 76262 Westlake, Texas 76262 With Copies to (which shall not constitute notice): Boyle&Lowry,L.L.P. Attn: L. Stanton Lowry 4201 Wingren Dr., Suite 108 Irving, TeXas 75062 Resolution 19-30 Page 9 of 14 9. ASSIGNMENT AND SUCCESSORS. Marriott may at any time assign, transfer or otherwise convey any of its rights or obligations under this Agreement to an Affiliate without the approval of the Town so long as Marriott, the Affiliate and the Town first execute an agreement approved by the Town Council of the Town of Westlake under which the Affiliate agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Otherwise, Marriott may not assign, transfer or otherwise convey any of its rights or obligations under this Agreement to any other person or entity without the prior consent of the Town Council, conditioned on (i) the prior approval of the assignee or successor and a finding by the Town Council that the proposed assignee or successor is financially capable of ineeting the terms and conditions of this Agreement and (ii) prior execution by the proposed assignee or successor of a written agreement with the Town under which the proposed assignee or successor agrees to assume and be bound by all covenants and obligations of Marriott under this Agreement. Any attempted assignment without the Town Council's prior consent shall constitute a breach and be grounds for termination of this Agreement and following receipt of written notice from the Town to Marriott. Any lawful assignee or successor in interest of Marriott of all rights under this Agreement shall be deemed"Marriott"for all purposes under this Agreement. 10. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS. This Agreement will be subject to all applicable Federal, State and local laws, ordinances, rules and regulations, including, but not limited to, all provisions of the Town's codes and ordinances, as amended. 11. GOVERNMENTAL POWERS. It is understood that by execution of this Agreement, the Town does not waive or surrender any of it governmental powers or immunities that are outside of the terms, obligations, and conditions of this Agreement. 12. NO WAIVER. The failure of either party to insist upon the performance of any term or provision of this Agreement or to exercise any right granted hereunder shall not constitute a waiver of that party's right to insist upon appropriate performance or to assert any such right on any future occasion. 13. VENUE AND JURISDICTION. If any action, whether real or asserted, at law or in equity, arises based on any provision of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. Resolution 19-30 Page 10 of 14 14. NO THIRD-PARTY RIGHTS. The provisions and conditions of this Agreement are solely for the benefit of the Town and Marriott, and any lawful assign or successor of Marriott, and are not intended to create any rights, contractual or otherwise, to any other person or entity. 15. FORCE MAJEURE. It is expressly understood and agreed by the Parties to this Agreement that if the performance of any obligations hereunder is delayed by reason of war, civil commotion, acts of God, inclement weather, or other circumstances which are reasonably beyond the control or knowledge of the party obligated or permitted under the terms of this Agreement to do or perform the same, regardless of whether any such circumstance is similar to any of those enumerated or not, the party so obligated or permitted shall be excused from doing or performing the same during such period of delay, so that the time period applicable to such requirement shall be extended for a period of time equal to the period such party was delayed. Notwithstanding anything to the contrary herein, it is specifically understood and agreed that Marriott' failure to obtain adequate financing to complete the Required Improvements by the Completion Deadline shall not be deemed to be an event of force majeure and that this Section 15 shall not operate to extend the Completion Deadline in such an event. 16. INTERPRETATION. In the event of any dispute over the meaning or application of any provision of this Agreement, this Agreement shall be interpreted fairly and reasonably, and neither more strongly for or against any party, regardless of the actual drafter of this Agreement. 17. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Parties that sections, paragraphs, clauses and phrases of this Agreement are severable, and if any phrase, clause, sentence, paragraph or section of this Agreement shall be declared unconstitutional or illegal by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality or illegality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Agreement since the same would have been executed by the Parties without the incorporation in this Agreement of any such unconstitutional phrase, clause, sentence, paragraph or section. It is the intent of the Parties to provide the economic incentives contained in this Agreement by all lawful means. 18. CAPTIONS. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. Resolution 19-30 Page ll of 14 19. ENTIRETY OF AGREEMENT. This Agreement, including any exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the Town and Marriott, and any lawful assign and successor of Marriott, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. Notwithstanding anything to the contrary herein, this Agreement shall not be amended unless executed in writing by both parties and approved by the Town Council of the Town in an open meeting held in accordance with Chapter 551 of the Texas Government Code. 20. COUNTERPARTS. This Agreement may be executed in multiple counterparts, each of which shall be considered an original, but all of which shall constitute one instrument. EXECUTED as of the last date indicated below: TOWN OF WESTLAKE: Marriott Dallas/Fort Worth Solana By: By: Amanda DeGan, Town Manager Juan Calderon, General Manager Date: Date: APPROVED AS TO FORM AND LEGALITY: By: L. Stanton Lowry, Town Attorney Resolution 19-30 Page 12 of 14 Exhibit "B" TOWN OF WESTLAKE HOTEL SUPPORT PROGRAM Description• A cooperative marketing program designed to assist the Dallas/Fort Worth Marriott Solana Hotel in securing group and convention business. The groups can be new business or groups that have previously met at the hotel but are considering other hotels. Guidelines: Requests for funds shall be submitted at the bid time, not after the group has made their decision to book at the host hotel. Applications may be submitted for groups/conventions that take place in the current fiscal year (October 1 - September 30)or future years. • Dollar amount back per room based on a sliding scale to assist in closing business 0 100-200 actualized total room nights - $10 back per room night 0 201-349 actualized total room nights - $12 back per room night 0 350+actualized total room nights - $14 back per room night o Friday/Saturday peak with 50 actualized total rooms night-$10 back per room o Groups cannot have hosted event in last 18-months and the Marriott must be competing against another city and/or home city o Funds to be capped at$5,000 per group • Dollar amount back per person based on a sliding scale to assist in closing business o $4,000 Food and Beverage Minimum Contracted- $6 back per person o $6,000 Food and Beverage Minimum Contracted- $8 back per person o $8,000+Food and Beverage Minimum Contracted- $10 back per person o Groups cannot have hosted an event in the last 18-months and the Marriott must be competing against another ciry and/or home ciry o Funds to remain capped at$2,500 per local group • The Town of Westlake shall receive sponsor recognition in all correspondence and at the meeting/convention in an appropriate manner. � Upon completion of the event or meeting, a completed Post Meeting Summary is required prior to the release of full financial assistance. The report will be used to evaluate the effectiveness of the Town of Westlake Funds participation,as well as review future participation. • Annually, the Marriott Solana will generate a Town of Westlake Funds report to the Town Manager, or his designee, showing the dollars expended and the direct room nights generated via this important resource. Resolution 19-30 Page 13 of 14 Procedures• The Application shall include the following information before it will be reviewed: • Hotel Information: Date of Application, Name of Host Hotel Sales Manager and Phone Number. • Group Information: Group Name,Contact Name, Address,Phone Number, Program Dates, Estimated Room Nights, Estimated Room Night Revenue, Estimated Catering Revenue, Estimated Outlet Revenue. • Miscellaneous Information: Additional information pertinent to the group. • Si�natures: The Application shall be signed by the host hotel Sales Manager and Director of Sales prior to it being submitted for approval. The Application shall be approved by the Town of Westlake within ten days providing that all of the requested information is received. Once the Application has been approved, the signed application will be sent back to the requesting Sales Manager at the host hotel. The host hotel shall provide the Town of Westlake with a copy of the contract at the time it is signed by the group. Funds shall not be available if this information is not received at least ten days prior to the group/convention. The Town of Westlake may choose to send a welcome letter to the group and offer to provide community brochures or other information to the group/convention attendees. Since funds are reserved for every Application that is approved, the host hotel shall inform the Town of Westlake with written authorization to release the funds should a group choose another destination. Submit Application and Correspondence to: The Town of Westlake Attn: Debbie Piper, Finance Director 1500 Solana Blvd., Bldg. 7, Suite 7200 Westlake, TX 76262 817 490 5712 Phone 817 430 1812 Fax Disbursement of Funds: At the time of invoice,the host hotel shall submit the following information: 1. A computerized report documenting the actual room nights booked by the group and verification of the actual room night revenue. The disbursement of funds may be reduced based on the program guidelines if the group generated less room night revenue than was originally stated on the Application. 2. Samples of the Town of Westlake's sponsor recognition. Resolution 19-30 Page 14 of 14 � i x � � � � CERTIFICATE OF INTERESTED PARTIES � FORnn 1295 � 1of1 � Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY � Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING k 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: � of business. 2019-543560 � Dallas Fort Worth Marriott Solana � d Westlake,TX United States oate Filed: � 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/24/2019 � being filed. � Town of Westlake,Texas Date Acknowledged: F �' � g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a ° description of the services,goods,or other property to be provided under the contract. FY 19-20 Economic Development Agreement , 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) � Controlling Intermediary � t � � � � � � � � � � � � y � � � � � 5 Check only if there is NO Interested Party. � � � 6 UNSWORN DECLARATION � My name is �.X u l� ��LL�� , and my date of birth is j _ My address is �(�� �• 1L�� S� , ���N� ,��, �1�`p vS� (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is irue and correct. � M� c� � Executed in �Q,�CY(�Y\,� County, State of ,'e.CL�-� ,on the :Z� day of�,20 � ` . month) (year) � x � Signature of authorized agent of contracting business entiry � (Declarant) � Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1,3a6aaf7d � � � CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-543560 Dallas Fort Worth Marriott Solana Westlake, TX United States �ate Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 09/24/2019 being filed. Town of Westlake,Texas Date Acknowledged: 09/24/2019 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. FY 19-20 Economic Development Agreement Nature ofinterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary 5 Check only if there is NO Interested Party. ❑ X 6 UNSWORN DECLARATION My name is , and my date of birth is My address is , , , , (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in County, State of ,on the day of ,20 (month) (year) Signature of authorized agent of contracting business entity (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: Department: By signing below, Company herby verifies the following: 1. Company does not boycott Israel; and 2. Company will not boycott Israel during the term of the contract. SIGNED BY: ,`�W-.l�l C��`I�'� � _) Print Name of Person: ��L\��A ��-���`ti�� � ���r5?c��"�L �1�4v�t�J-�0�� Signing, Title, and �ompany �L��'� I�i L�o�yy� 1����tc=�sl�t— ��.�z� Date signed: �� ��� � L'� STATE OF TF�XAS § COUNTY OF I�4�;�t'r-C.\`C § BEFORE ME, the undersigned Notary Public on this day personally appeared - v.� •�uQ� (Name), on behalf of ��--�Cti.�"1Sl C�� (Company) who being duly sworn, stated under oath at he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct. SWORN AND SUBSCRIBED TO before me, this�day of:)C4��C.��'lk��, 20 � . 0 RY O� UBLIC, FOR THE STATE OF TEXAS My Commrission Expires: �.�YF��a�� KELLY EDWARDS �I .y�� ►'dr� NOTARY PUBLIC STATE OF TEXAS �'�� � MY COMM,EXP.02/03/2022 . � N�9T�F`��Py N07ARY ID 1240826A-8 Government Code § Z270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The following definitions apply: (1)"Boycott Israel" means refusing to deal with,terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with Israel, or with a person or entity doing business in Israel or in an Israeli-controlled territory, but does not include an action made for ordinary business purposes. (2)"Company"means a for-profit sole proprietorship, organization, association, corporation, partnership,joint venture, limited partnership, limited liability partnership, or limited liability company, including a wholly owned subsidiary, majority-owned subsidiary, parent company, or afFiliate of those entities or business associations that exists to make a profit. (3)"Governmental entity"means a state agency or political subdivision of this state. State law requires verification from a Company for contracts involving goods or services (regardless of the amount) before the City can enter into the contract. Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Regular Meeting - Action Item o i sr i N o r i v E s v o E s i c N Westlake Town Council Meeting Monday, September 30, 2019 ToPrc: Conduct a public hearing and consider approval of resolution approving a Preliminary Site Evaluation for an approXimately 37.798-acre portion of Planned Development District 7, known as Spencer Ranch. The property is generally located at the southeast corner of Aspen Lane and Pearson Rd. STAFF Co1vTACT: Ron Ruthven, Planning and Development Directar Strategic Alignment i i � . , . ., ; . . � � - � � High Quality Planning, Design & Planned/Responsible Cirizen, Student& Development-We are a desirable well preserve Desirability Development Stakeholder Planned, high-quality community that &Quality of Life is disringuished by exemplary design standards. Time Line- Start Date: September 16, 2019 Completion Date: September 30,2019 Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In May 2019, the Town Council approved the rezoning of a 37.798-acre tract of land on the southeast corner of Aspen Lane and Pearson Rd., establishing the land use prerequisites for a proposed 38-home residential development. The preliminary site evaluation for consideration is the next item in the development process pursuant to Ordinance 882 Exhibit B, Section 1, Subsection C-Platting, approving the Spencer Ranch development. The Preliminary Site Evaluation is a scaled document that shows lot configurations along with existing and proposed conditions of the site such as drainage,utilities,topography, streets,etc. The document is a precursor to the final plat and construction plans which details an initial idea of Page 1 of 3 infrastructure placement while also ensuring compliance with the zoning and concept plan for the development. PLANNING AND ZONING COMMISSiON The Planning and Zoning Commission voted to recommend approval of this item (5-0) on September 16, 2019. SUMMARY AND RECOMMENDATION The preliminary site evaluation complies with all PD zoning and Code of Ordinance requirements. Therefore, staff recommends approval of this item. ATTACHMENTS Location Map Proposed Resolution Page 2 of 3 �aa�vo�� - aov� Cl� LINiITS LINE � ri�e�� � T��IVN � V�1E5TLAKE a���� � ASPEN cr � ��p�� � � � `z �� rn � � �ITE � � s����v� I Y �IMITS LIN BAhITR I V1Fl[�T'ER � I � ¢ CITY �F K L ER � � � � I � AIJTIJM�I C�VENTRY � c�n �'°'�Y � r I � L�CATION N1AP ��ALE: 1" = 244�' Page 3 of 3 TOWN OF WESTLAKE RESOLUTION NO. 19-31 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PRELIMINARY SITE EVALUATION FOR A 37.798 ACRE TRACT OF LAND NAMED SPENCER RANCH WHEREAS, the Planning and Zoning Commission held a public on September 16, 2019 and voted unanimously to recommend approval of the preliminary site evaluation; and, WHEREAS, the Spencer Ranch residential development was approved by the Town Council by Ordinance 882 on May 20, 2019; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the citizens of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town of Westlake Town Council of Westlake, Texas, after considering the recommendation for approval from the Planning and Zoning Commission on September 16, 2019, does hereby approve the preliminary site evaluation as found in the attached document as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 19-31 Page 1 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 30TH DAY OF SEPTEMBER 2019. ATTEST: Laura L. Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 19-31 Page 2 of 3 EXHIBITS EXHIBIT A Spencer Ranch Preliminary Site Evaluation Resolution 19-31 Page 3 of 3 LEGEND PROPERTY DESCRIPTION ROANOKE - DOVE ALL that certain tract or parcel of land situated in the JOSIAH WALKER SURVEY, ABSTRACT NO. 1604 and the G. B. HENDRICKS SURVEY, O BLOCK DESIGNATION APPROVED BY THE TOWN COUNCIL OF �T ABSTRACT NO. 680, Tarrant County, Texas as described in Deed to J. Timothy Brittan and Kristin Brittan as recorded in Instrument No. D206068103 of - - BOUNDARY LINE WESTLAKE, TEXAS on this the day of 1� the Deed Records, Tarrant County, Texas and a portion of Lot 1, Block 1, FISHER ADDITION, an Addition to the Town of Westlake, Tarrant County, 20 Texas as recorded in Instrument No. D214043902 of the Plat Records, Tarrant County, Texas and being more particularly described by metes and ROW LINE / STREET LOT LINE ciT LIMITS LINE bounds as follows: - - LOT LINE ATTEST: � � BEGINNING at a 1/2 inch steel rod found for the northwest corner of said Brittan tract, bein in the a arent southerl ri ht-of-wa line of As en Lane, TIMBER � g pp y g y p PROPOSED EASEMENT RIDGE r TOWN O WESTLAKE also being in the apparent easterly right-of-way line of Pearson Lane; � � � � CITY/TOWN LIMIT LINE Mayor Town Secretary ASPEN CT � ASPEN THENCE North 89 degrees 27 minutes 00 seconds East with said southerly right-of-way line, 764.91 feet to a 1/2 inch steel rod found for the most Z � northerly northeast corner of said Brittan tract, also being the northwest corner of said Lot 1; _: EXISTING CONTOUR MAJOR APPROVED BY THE PLANNING&ZONING ��m COMMISSION OF WESTLAKE, TEXAS on this the w SITE THENCE North 89 degrees 27 minutes 38 seconds East continuing with said southerly right-of-way line and the northerly boundary line of said Lot 1, EXISTING CONTOUR MINOR day of 2p a( 299.29 feet to a 1/2 inch capped steel rod stamped "PRISM SURVEYS" set; � SPRING� � ROW DEDICATION ATTEST: CITY LIMITS LINE THENCE North 89 degrees 27 minutes 38 seconds East 495.48 feet to a 1/2 inch steel rod found; BANTRY I 0 50 100 200 WINTER w � THENCE South 00 degrees 33 minutes 55 seconds East 441.08 feet to a 1/2 inch capped steel rod stamped "ENCOMPASS" found for the most Q � easterly northeast corner of said Brittan tract; EXISTING EASEMENT TO BE ABANDONED �� � Chairman Town Secretary CITY OF K L ER Y �� ( IN FEET � COVENTRY I� THENCE South 00 degrees 09 minutes 05 seconds East with the easterly boundary line of said Brittan tract, 751.97 feet to a 1/2 inch capped steel rod AUTUMN �, stamped "PRISM SURVEYS" found for the southeast corner thereof; LAZY �� 1 INCH = 100 FT I m THENCE South 88 degrees 56 minutes 54 seconds West with the southerly boundary line of said Brittan tract, 1553.43 feet to a 1/2 inch steel rod NOTES: LOCATION MAP found for the southwest corner thereof, also being in the said apparent easterly right-of-way line of Pearson Lane; 1. ALL OPEN SPACE LOTS ARE DEDICATED TO AND MAINTAINED BY THE HOMEOWNERS ASSOCIATION, SCALE: 1" = 2000' THENCE North 00 degrees 06 minutes 02 seconds West with said easterly right-of-way line, 766.38 feet to a 1/2 inch capped steel rod stamped "MOAK INCLUDING MAINTENANCE OF ANY PONDS. SURV INC" found; 2. ALL ON-SITE STREETS WILL BE FIRE LANES. _ _ _ _ _ _ 3. FRONT YARD SETBACKS FROM RIGHT-OF-WAY ARE TEN (10) FEET. SIDE AND REAR YARD SETBACKS - - THENCE North 01 degrees 29 minutes 15 seconds West continuing with said right-of-way line, 440.48 feet to the place of beginning and containing ARE ZERO (0) FEET. 42.811 acres of land, more or less. 4. ACCORDING TO FEMA FLOOD INSURANCE RATE MAP PANEL 48439C00805, NO PART OF THIS PROPERTY LIES WITHIN A FLOOD HAZARD ZONE. ASPEN LANE i- 3p� �0� - � � w ' ' � , \ � � _-'_��r- - � � � �� B. �lEl�IDRI�I�S SUR�I/� � �� - � :� � �'�;' , � , � l�� � � �� � '/l� i �� � � -- �� � � �� � � ` � �oT 6R, e�ocK ' � I ��O��DS ATA�T I I w �� � � � � � �� , �_ �� / � � � � � ,'�i�� � �� � '� A � �� ° - - - �� � ' � C � - t � �- � ' � �� �� �� � � - �s s� - ` , � � t w � � �'C� - � � � � � � � �Mh ` .;i � � ' // �/ � l ,� � �ERTR CARRY A � e �BCJ� �.� V � � � 2 06�SF , _ , _ . - ; � , ; �� � ; , � � �, ,� � z OS . � , , , ' % / ���� � � `, �, ,, 7,3 � , � � SHE�BY E��lEs � - _ � � - � p �� \ ' ��� , � � , :� , � / ' � - FsrArFs l � � ��-T� n����, -� �� � -- -- - / / �� // ls Figy 0.63AC ; d �oi. �8 �,�5, ��,. 28 � � � � � � � �� � � � �,p , p �' `�r,� '� r i � i � Z � � �- ' - P O.B. ��- -=� ' � � - - - - - - , , � U � � . C _ _ - _ _ _ _ _ _ - - - - - - �;. ; I1 - � � ' 7� _ "�� � , � ,�O „ �� �c � � OPOSED -� ' �� _ , _ - � , � -- - LANE � � a WATER , o � �� � , �Sr' = � �� �� 495.48' -, -- w ' �oT � , �s Ea ° ' " ' -� � N89 27 38 E 29�29 � N89°27'38"� � ��EMENr N89 27 00 E 764.� - , = �= � _ - ,� - -- a 18,373 SF s I ,� PROPOSED I J � 24, I 0.42 AC ;�Ho�A PAR'�rNE� o� I- - - �2os � 15' UTILITY b � !�� � z � ,� o � � � ��C I OS-1 � ,� � � EASEMENT �1s� � � ,' � ' � �' �� I L0� 2, BLO K /; 27,3�6 SF p-' r ' � � �' L1�5 � � � ' - �o _ - � � o / � , � _ r � � � � I , wOOD��,NDS A�A5�- � 0.63 AC 27' � � - - � _ � � �,� �tOT 1 � � � , � �, � cour r� � I I I i - � - ` �'8a' � y"\ �4,149 SF �, i� I � I I °;p � � � c 4 e. �,Rs��,� 6�; � � �� �;�o � � �� . � .� °___- - o "� � ��� ; �� � � ;�� � � � � � �� LOT 1 � � � � \ � 0.32 AC � � � � _ � I o �: . ����� � , „ ao � �� � ; ,vF o � LOT 6 \ / �,, , �, � ,�_ � � � 1,8,373 SF �� ��r L53 \� / LOT, 5 N �\ � � � �� b,42 AC �� '� � � 14,267 SF � � � � � % �156 N - • � p � � O5� �'� \�0.33 AC =�� 14,2�9 SF �� � ����Z �150 � � � f r ' _ - - - � � \ N \ I � -15 � o �S'�9 c� e�3o 0.�3 AC oo/ `�s \ �; � LOT 7 � � ) I t . � - - � �,�� ��- p.R� ° ; � �� \ \� �> \� �10 \c�j� �Q� / \ �,�,p`'9\�2� �'% LOT 4 � �� �� 14,40,5 SF j I� � � I � -- � � �,Ov'� � ' � \ L2; �,� g2• / \ � F���s �- - �: " 15,863 SF � v� 0.3�AC LOT 1 � � � / -_ i� o �o� �� � � �OS-4� � \ � � �c sa � �1�a � �0��' �r�s� 0.36 AC � �� ���1s� � �� 218,342 SF ` � i..c> / -� EXIT \ I � _ � �, ��� � �ti� C11s � <:y�, C1�s �� - - M 5.01 AC --- �! - - � � GATE � � � � � � L176 �� > i� r / � - � � T �s; r's� � � I I N � . c�' � -,� � - - W� I V - � i� LOT 2 �� c11s � � l �� LOT 3 � �'`'� - � Hi��iPs Ai<� - - ,, N o � � � 18,818 SF i� �� N O l �� � � � � � � O / � ) � -- � ' �� `���R `�� � , � �� � LOT 3 �r �' _ N �-o _ _ \ � TR�usT o OS-5 �� � 14,628 SF �� LOT 1 �o N S, so � �191 �� � �14,137 SF � ( \ � ��� ��� �/ - �� � � r � 0.43 AC � ' �� ��� - J ���� � � � LOT 2 \ ��or a,�e�ocK - � p �� �� 1 � 0.34 AC � 18,846 SF \� � �� � � ,�� I � ��51�� � ��, � FisNER �RYANr R � ;(n � /� � i� ' I , o � � � A \cRos�� R�eEr �� � 0.43 AC c122 � o � - _ _ � ���� - - �"� � ��or �, ��ocK � �� � > / � � � � ; 18,818 SF Z � 1 \ � � � r � , F \ �r r2 � � �FisHER �ooi rioN �► 24 0.43 AC � � vo�.�38a�24, P� ' c \ �� � � � � 8 �� � � � , ; , � �o � � 2 � ,, � � 1 � � VISITOR y P.R. r.c.r. I <��� � � I , � - - � � . -.���z� o _ _ � / � iNs�r, No. r�27 4043902 , � � �� � ; o � � �.--- - �L203 L202 ��� ��� ��4 L4 � � � _ _ ;' � � � '� � I Ex �oNin7�:,sF-_- \ � r o.R. .c. r. GATE O� D� , � � � � �� c� � � � �1g3 � 8 ��°' rr �� L165 ��� � i L�X ZO�i��IC: r'-, � � � 7, � �U �� ` �"� � ° � � � V LOT 2 � LOT 3 0 � �, � �, � � PROPOSED, � � � ' � � � - �i � W� � ,� � " � 21,705 SF J 16,798 SF I� ;� � �, LOT 4 �� N$9°26'44��E 494.41� 15' WATEI�� � � 15 228 SF � , I - - � � >� � � 0.50 AC � 0.39 AC � � M �� � � �129 EASEMENT � � �� � � �y �� �� ;'� �� /0.35 AC �140 /�, ENTRY � ' GATE � ' p � C �� � � � - - . � � � ��� � � L166 ��� � - ^� LOT 4 � ��� � m - - � �RN lAN N'�� � � � � � - � / � � LOT 3 0 >R1� B�oC- � � � Z r � � �� � � 16,195 SF � \ 15,290 SF � �� � �� � � � �__ � �ss ri��„ �, � ��� �1�o N � LOT 5 � /� Q` >\ 0 35 AC � � - � - n \ACREs �_ � I O! ,� � � ,� \ � � 0.37 AC � . � � � . � ��� � � M ° rn 16,427 SF / `ti. _ � _ _ \ \ � � Vo�. 38�24, �'C ���;� � � � �a PROPOSED � � �,\ � co �137 � I = � h � � �, R�z r r � , , _ � 15 UTILITY ��� ; > ��V 0.38 AC � � OS 11 � /,� _ � ' � 67 � L46 � m� ,� � � \ � ° EasEMENT � , �����o c,oa �1as � �� �' � � � , =; � � � ENTRY & EXIT AREA - � �� OS-3 j � A� _ _ � ��� �� -- �� LOT 5 M �' �7 � A � � - SCALE: 1"=50' � , � L1 � LOT 2 � 14,422 SF � `� � -_� � i � \ - - � ,� , 313,201 SF I � � 23' � ''�� LOT 6 � � �� � � � � � 16,102 SF � �i- � ��� 0.33 AC � � � � 7.19 AC � �' �, ',� � � � �c83 �T� , � �- � � � ��� A � �B.S T nl Qe �� � � �'�� �� 15,922 SF � 0.37 AC � � �, ��� � �136 / _� A �� � � � � _ _ \ � 0.37 AC � � �Ross riM�r. I \ � � �5s � � ' � � ' � � �, �� � , � � � � N � ��,'�°` � UMI �'� ��� _ � � � � � THIS DOCUMENT IS FOR INTERIM REVIEW � ACRES � \ <S9 / U � L168 �j ��-, z T I LOT 6 N � AND IS NOT INTENDED FOR CONSTRUCTION, �� ,-� ��24, Pc �� \ � \ � 7 � \ ol �� �� LOT 1 1-� �� -' 15,705 SF �� �-riE �AouERo c��� ���� BIDDING OR PERMIT PURPOSES. � P R �C.�. V � � \ � I ! ' ,- ��. 'O � 0.36 AC \ � �, < � � \ N � �� LOT 7 � � 19,547 SF � �� � � ,� � � �� - - � '- '�` _-� ^ LOT6 60 � � o LAND USE AREAS BY: Richard w. DeOtte � � � 0.45 AC �� Z �� L135 i� " �� �A, B�ocK � Reg. No.: 74232 \\ ��, \\�' 17,000 SF � � � \ �� ; I 15,693 SF J \�� � - - - � ,�iK�n�,�c�rioN RESIDENTIAL LOTS 620,685 SF / 14.18 AC (38.0%) Date: 9 03 2019 T - _ 00 � � \ O ,- �� �36 AC • - � � ,� �, i � �� M � � 2 V � L160 _ � �1�6 � U U� �. ' � , � � � Q m � - CAE3� A, S�,IDE 2�6 � • \ \ - �,/ � \ \ LOT 7 M � - ��P.R r c. r. OPEN SPACE 825,604 SF / 18.95 AC (50.5%) 0.39 AC � N � N ,� --- -_ _ �as \ � � � A� 3 15,138 SF � �� � � __ ' � � � I� /�X ZOA%/�/�. �'C� � - C� ` I� \ � C� � � � \ _ _ � ' '� � -- i � � _ _ 'j `��� / 17 69 SF � �g$ �� �� �� 0.35 AC � � �- � STREET LOT 188,835 SF / 4.33 AC (11.5%) \ L223 � < � \ 2 � ,_ o - - ; _ - / � � \ �' ° ss � 0.40 AC B �`��' 6 � � � ��;�� � L134 � � � � � C141 C3� � � �j � S,, \ _ \ ', R.O.W. DEDICATION 11,371 SF / 0.26 AC �218 C3s c�� �o� �.�� LOT 2 LOT 3 � � � \ � �1�0 � N 14,634 SF �' 1 O � N N 15 7025 SF 143/� \ o �6� � \ 0°�; �o I �S 9 � l\ PROPOSED � o, ' O ' � � TOTAL NET AREA 1,635,124 SF / 37.54 AC (100%) � `�' 0.36 AC � � N LOT 1 rn 0.34 AC 14,596 SF � 3 � � �� -�g O � � �� � ' < � � � 15' UTILITY O 4� �� p � � �,� LOT 4 �� � 0.34 AC ��' � � � � �� LO' � O NOTES: ` ��'�����,� � � � � � �� � �� ���� �I 16,353 SF I� �0�34 ACF � � � � �/ �,ti � o ����3� � � � EASEMENT �/ �' �� �0.32 AC� � � �� '� � �� 1. THIS AREA DOES NOT INCLUDE LOT 1, BLOCK H. PRELI M I NARY SITE EVALUATION �,oss ��Me��_ _ Z �224 �5: ��� / 0.38 AC ���� , �� � � CSo q/�/T� � � / / � I �, � -- - 2. EXACT AREAS SUBJECT TO CHANGE WITH FINAL OF - A�REs � T O\c,�' ' M( �\ / 3 4s ���p� � � / J \ - \ � G � / � �.� R/No vRT\_ _ � � ��/� \_L�1s I � i SUBDIVISION DESIGN 388 24, PG 6e�� � "i LOT 2 \ S �° �6, / 4 G'� / ,�p1/ C51 CD G`1' '� i � �' - . 3. STREET LOT DEDICATED AS "PRIVATE ACCESS, S��NC�� �� NC� P R r c r 15,442 SF �� � L63 �o�`b o / � � � �a � � � -�` �r��^ _� ' -- � � o' �� o OS-10 <4r � � LOT 9 � � V DRAINAGE & UTILITY EASEMENT" BY THIS PLAT. � 0.35 AC � � � � QS-8 ��o ���� / �� •p, L99 � 66 '� � ' / , % � _ - i ,Q � - � �/ c,z - �o� ��a , ---- - J ��, - /�ti'` _ � G, �22 �s5 c1s i�/ 18 7048 SF � �S3 _ _ 5//5 c`� - _ %i 1p�36 ACF � � EI - - - -- � 42.811 ACRES - _ � ; c � � o \ , - _- � ( �� �� � � - PORTOFINO DRIVE � � � o C �� -� ��'r� � �`�o -_, , N � _ PROPOSED � 0.43 A, I s, �, ' � / ���s SITUATED IN THE , , �, �oT 3 _ _ _ _ _ _ _ _ _ � 15, �T���TY � 0 ; �o� �oT 6 �o ` ��� � � JOSIAH WALKER SU RVEY ABSTRACT NO. 1604 _ � 14,819 SF /„ LOT 5 18,241 SF � �� -'��' � �' � � � PROPOSED � 7 0' - � E A S E M E N T 1 7,4 7 3 S F �� � s\ 10 ( � � OWNERS: R.o.w.� , o.s4 ac � � / ; �;� 4 6 0��s F ��� 0.4o ac �� I ���782 s � r� � J. TIMOTHY BRITTAN BRYANT R. FISHER AND AND T"E DEDICATION � �' �" � ��� �� � � �0.58,��- _ _ . <,os o.4zA� o.52A������ O O I� '; , ,9z5 PEARsoN �ANE BECKY R. FisHER G.B. H E N D R I C K S S U R V E Y A B S T R A C T N O. 6 8 0 � �� `_ �2 � , , � - � f W E S T�A K E, T E X A S 7 6 2 6 2 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS ��� ��' <� � ��` - _ � CONTACT: TIM BRITTAN 4050 ASPEN LANE � � - � � 26 � � � �� , �4 ,�O �L'114 WESTLAKE, TEXAS 76262 ���IN�x ��IVE �= ' oEVE�oPER: 39 RESIDENTIAL LOTS - 15 OPEN SPACE LOTS �, :� -- i� L103 L102 �' � -. �� � - - - - � �� ��, To�vN �F WLERAKE ' Sgg°56'54'W � � ' WATERSIDE LAND CO, LLC RESIDENTIAL: BLOCK A, LOTS 1-6; BLOCK B, LOTS 1-6; 1�J`J3.43� 5055 KELLER SPRINGS DRIVE I- ITY OF KEL I I , „�� � BLOCK C, LOTS 1-10; BLOCK D, LOTS 1-7; - , ;; ,��/F^.�; i_OT �, BLOCK 7 ADD SONO � , � � _ � , TEXAS 75001 � J _ _ = r �ti '` BLOCK E LOTS 1-6� BLOCK F LOTS 1-3� BLOCK H LOT 1 l x x � � � X� , � � w '✓vACKE �o � � > > > > > L ROSS TIMBEr- I � �,��I` / - 1 ' -� � � � � I � � I I Y \ SU� VEY� � 972.248.1400 �R �- , , ' � X � \ a '� � CONTACT: PAUL PASTORE PRIVATE STREET: BLOCK G, LOT 1X � \ � I � � � � x � x x ' J ��srRA r h6o4 � ACRE� I � I 45, BLOC;, ?4, BL: L3L( ;/2, BLO�, `i 47, BLOG, �0, BL t' I �9, B( ' I � 3ff, '�, . I I 29, BLOCr: <5', L< � � ` KMONT Hlli ^✓�ONT �, I iDNT f ' I '1KMONT Hl� I ",KMONT l�Y'i I i -'MONT ✓IONT !1KMONT f l;' ^;�ONT HILr` ;MONT HILi: _:�ON7 J w '�A� 6� &� 6G2 I ENGINEER: OPEN SPACE: LOTS OS-1 - OS-15 388-24, �'� I I ADDITION I '�DD/TlC`: �)�Tl�' ADDITION ADD�ON I �1DD/TIGi �DDITI! ADDITlO�; ADD/TION /�DD/TION ADD/TlU J P.AzT C�T. , P.R. r.c. r. ,, ; �, s„�F � �, ����;; s���� �. S���F A�S���F , �, s,,,�� F , �,,,;; ; A, s��o� , �, s��oE E, �, s��oE d� �R �, s���� F:;, w � -x zoNiN�: Po3-� DEOTTE INC. LAND USE DESIGNATION: SINGLE FAMILY RESIDENTIAL �0'�"�� s� � � � � � � � � � � � � � � � � � � � � � � � � zoNiN� <�� �'�NiN����sF x zoNiN��-zo I� ��� � � � o < �� � , � EXISTING ZONING: PLANNED DEVELOPMENT DISTRICT (PD-7) & R-5 � 420 JOHNSON RD. SUITE 303 PRTC �. � > �� � � Q � � � / KELLER, TEXAS 76248 \ } � , �, � 817.337.8899 PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT (PD-7) & R-5 -. I I I � r \/ CONTACT: RICH DEOTTE U 0 � CITY CASE # PP-XX-XX-XX � ' � AUGUST 2019 SHEET 1 OF 2 Resolution 19-31 ROANOKE - DOVE APPROVED BY THE TOWN COUNCIL OF WESTLAKE, TEXAS on this the day of , 20 CIT LIMITS LINE ATTEST: � � TIMBER � TOWN O WESTLAKE RIDGE C � � Mayor Town Secretary ASPEN CT � ASPEN Z � APPROVED BY THE PLANNING&ZONING �I m COMMISSION OF WESTLAKE, TEXAS on this the w( S I T E day of ,20 a SPRING I ATTEST: CITY LIMITS LINEI BANTRY I WINTER w I n Chairman Town Secretary CITY OF K L ER z �� Line Table Line Table Line Table Curve Table Curve Table Y I� AUTUMN COVENTRY I� Line # Length Direction Line # Length Direction Line # Length Direction Curve # Length Radius Delta CD BEARING CD LENGTH Curve # Length Radius Delta CD BEARING CD LENGTH ��Y i� z m L1 1.55' N87°10'47"E L103 92.40' S88°56'54"W L159 38.35' S18°27'39"E C1 62.76' 41.00' 87°41'52" S48°58'17"E 56.81' C66 50.33' 127.50' 22°36'56" N60°44'32"E 50.00' LOCATION MAP L3 19.79' S01°03'05"E L104 68.86' N54°37'18"W L160 150.00' N87°55'46"E C2 49.07' 37.00' 75°59'07" S39°02'39"E 45.55' C67 48.74' 127.50' 21°54'07" N38°29'00"E 48.44' SCALE: 1" = 2000' L6 27.10' S18°25'01"E L105 55.08' N54°37'18"W L161 96.60' N08°22'25"E C3 102.31' 100.00' 58°37'11" S47°43'37"E 97.91' C68 90.28' 127.50' 40°34'18" N07°14'47"E 88.41' L8 7.12' S00°32'49"E L106 98.40' N09°37'18"W L162 95.22' N05°56'06"W C4 33.02' 200.00' 9°27'33" S13°41'15"E 32.98' C75 57.36' 182.50' 18°00'33" N11°14'18"W 57.13' L10 23.62' S08°00'46"W L107 132.78' N51°51'13"E L163 96.76' N13°00'50"W C5 29.88' 200.00' 8°33'35" S03°43'58"W 29.85' C76 24.93' 182.50' 7°49'38" N01°40'48"E 24.91' L12 54.69' S18°31'11"E L108 162.71' S35°22'42"W L164 95.05' NO3°50'17"W C6 92.62' 200.00' 26°31'56" S05°15'12"E 91.79' C77 13.71' 27.50' 28°33'56" N19°52'35"E 13.57' L16 76.77' S07°15'05"W L109 143.29' S01°34'37"W L165 150.00' S87°55'46"W C7 116.57' 200.00' 33°23'42" S01°49'20"E 114.93' C78 49.37' 62.50' 45°15'32" N11°31'46"E 48.10' L18 104.98' S40°09'54"E L110 139.85' N89°26'44"E L166 170.00' N87°55'46"E C8 83.19' 200.00' 23°50'00" S02°57'31"W 82.60' C79 58.53' 62.50' 53°39'23" N37°55'41"W 56.41' L20 155.84' S27°07'17"E L111 110.49' S00°09'16"E L167 170.00' N87°55'46"E C9 56.58' 200.00' 16°12'34" S00°51'12"E 56.39' C80 36.33' 217.50' 9°34'12" N00°48'31"E 36.29' L22 140.67' N89°16'19"E L112 106.37' S00°09'16"E L168 170.00' N87°55'46"E C10 165.51' 200.00' 47°25'00" S16°27'25"E 160.83' C82 39.84' 27.50' 83°00'29" N35°54'38"W 36.45' L26 84.44' N44°03'17"E L113 87.40' S00°09'16"E L169 130.50' S03°17'05"W C11 45.53' 200.00' 13°02'38" S33°38'36"E 45.43' C83 35.07' 62.50' 32°09'02" N61°20'21"W 34.61' L27 32.03' S00°32'49"E L114 149.63' S88°56'54"W L170 205.83' N87°25'14"W C12 166.52' 150.00' 63°36'24" S58°55'29"E 158.10' C84 52.21' 62.50' 47°51'48" N21°19'56"W 50.71' L29 50.41' S16°14'14"E L115 173.15' N26°01'40"W L171 124.86' N36°04'20"W C13 30.92' 350.00' 5°03'42" N86°44'28"E 30.91' C85 66.59' 62.50' 61°02'53" N33°07'24"E 63.49' L33 73.42' S07°42'03"W L116 55.00' S43°55'15"E L172 69.62' N36°04'20"W C14 135.21' 350.00' 22°08'03" N73°08'36"E 134.37' C94 46.14' 282.50' 9°21'28" S11°33'30"E 46.09' L34 84.82' S07°42'03"W L117 115.17' S64°03'48"E L173 107.41' N01°03'05"W C15 110.09' 350.00' 18°01'18" N53°03'56"E 109.63' C97 81.47' 317.50' 14°42'08" S08°53'10"E 81.25' L36 66.97' S43°46'17"E L118 40.00' N89°50'44"E L174 108.24' N84°13'47"E C16 82.15' 300.00' 15°41'24" S08°23'31"E 81.90' C98 96.27' 317.50' 17°22'21" S07°09'05"W 95.90' L37 91.09' S63°19'09"E L119 152.80' S81°56'15"E L176 22.47' S49°50'42"E C17 180.45' 300.00' 34°27'48" S00°59'40"W 177.74' C104 23.11' 382.50' 3°27'41" S09°25'53"W 23.10' L39 2.53' S69°18'11"E L120 38.09' N20°14'35"W L183 24.71' S77°46'41"E C18 41.92' 400.00' 6°00'15" S15°13'27"W 41.90' C106 37.67' 82.50' 26°09'42" S05°22'48"E 37.34' L40 135.00' S69°18'11"E L123 67.49' N05°35'37"E L184 160.22' S03°59'49"E C19 31.56' 400.00' 4°31'16" S09°57'41"W 31.56' C108 21.62' 317.50' 3°54'07" S16°30'36"E 21.62' L41 30.39' S69°18'11"E L124 32.44' N05°35'37"E L185 135.62' S53°55'40"W C20 233.59' 300.00' 44°36'42" S14°36'18"E 227.73' C109 95.58' 317.50' 17°14'52" S05°56'06"E 95.22' L43 53.60' N20°14'35"W L128 52.39' N25°14'37"E L186 102.29' N07°33'05"E C21 41.78' 400.00' 5°59'02" S66°18'40"E 41.76' C110 39.28' 317.50' 7°05'20" S06°14'00"W 39.26' L45 142.97' N05°35'37"E L129 160.68' N89°26'44"E L187 108.19' S85°30'14"E C22 251.39' 110.00' 130°56'24" N45°13'37"E 200.14' C111 57.93' 82.50' 40°13'45" S10°20'12"E 56.74' L46 34.04' N84°24'23"W L130 92.00' S00°09'16"E L188 137.60' S65°14'23"E C23 90.19' 200.00' 25°50'12" N07°19'29"W 89.42' C118 9.85' 217.50' 2°35'40" S48°32'52"E 9.85' L47 38.35' S18°27'39"E L131 92.00' S00°09'16"E L189 103.28' S34°40'22"E C24 45.66' 100.00' 26°09'42" S05°22'48"E 45.27' C119 28.80' 27.50' 60°00'00" S19°50'42"E 27.50' L48 111.75' N77°46'41"W L132 92.00' S00°09'16"E L190 66.13' S01°03'05"E C26 147.86' 300.00' 28°14'19" SO4°20'30"E 146.37' C120 50.43' 62.50' 46°13'39" S12°57'31"E 49.07' L50 182.47' N49°50'42"W L133 92.00' S00°09'16"E L191 141.32' S88°36'14"W C27 81.49' 100.00' 46°41'20" S13°34'00"E 79.25' C121 63.19' 62.50' 57°55'29" S65°02'05"E 60.53' L53 60.71' N84°46'04"W L134 149.72' S89°26'44"W L196 22.47' N49°50'42"W C28 48.75' 100.00' 27°56'00" N63°48'41"W 48.27' C122 17.33' 62.50' 15°53'25" N78°03'28"E 17.28' L54 33.18' S05°13'56"W L135 173.79' N89°26'44"E L199 157.49' N13°02'32"E C29 60.29' 200.00' 17°16'23" N41°12'30"W 60.07' C123 29.59' 27.50' 61°39'30" S79°03'29"E 28.19' L55 14.05' N27°07'17"W L136 166.23' N89°26'44"E L200 149.68' N42°39'52"E C30 91.10' 100.00' 52°11'46" N58°40'11"W 87.98' C124 60.60' 117.50' 29°32'57" S63°00'13"E 59.93' L57 110.96' N10°31'13"E L137 148.60' N89°26'44"E L201 155.00' S01°03'05"E C31 199.02' 67.50' 168°55'58" N73°08'36"E 134.37' C125 50.11' 62.50' 45°56'22" N24°21'57"W 48.78' L58 63.23' N82°03'37"E L138 53.64' N05°35'37"E L202 100.00' S88°56'55"W C32 212.06' 67.50' 180°00'00" S69°18'11"E 135.00' C126 63.44' 62.50' 58°09'33" N76°24'54"W 60.75' L59 72.81' S56°46'40"E L139 52.39' N26°21'09"W L203 100.00' S88°56'55"W C33 37.07' 217.50' 9°45'56" N32°00'15"W 37.03' C127 4.75' 62.50' 4°21'02" S72°19'49"W 4.74' L60 69.36' S56°46'40"E L140 157.55' S89°26'44"W L204 155.00' N01°03'05"W C34 34.72' 27.75' 71°40'48" NO3°46'29"W 32.50' C128 28.80' 27.50' 60°00'00" N79°50'42"W 27.50' L61 103.40' S26°19'27"E L141 100.00' S00°33'16"E L205 167.82' N01°03'05"W C35 52.28' 62.50' 47°55'45" N08°15'48"E 50.77' C129 55.02' 182.50' 17°16'23" N41°12'30"W 54.81' L62 141.97' S00°43'41"E L142 110.05' S00°33'16"E L206 128.82' N89°27'11"E C36 52.52' 62.50' 48°08'52" N39°46'31"W 50.99' C130 1.63' 117.50' 0°47'41" N32°58'09"W 1.63' L63 148.68' N87°02'16"W L143 53.17' S45°15'50"E L207 59.79' S09°38'06"E C37 25.39' 62.50' 23°16'20" N75°29'07"W 25.21' C131 78.45' 62.50' 71°55'07" S16°47'42"W 73.40' L69 159.41' N26°09'03"E L145 117.08' S45°15'50"E L208 64.00' S35°06'43"W C38 28.80' 27.50' 60°00'00" N57°07'17"W 27.50' C132 38.97' 62.50' 35°43'25" S37°01'34"E 38.34' THIS DOCUMENT IS FOR INTERIM REVIEW AND IS NOT INTENDED FOR CONSTRUCTION, L70 150.63' N69°58'00"E L146 100.00' N61°08'54"E L209 110.00' S01°03'05"E C44 18.01' 332.50' 3°06'10" S54°24'26"W 18.00' C133 65.08' 67.59' 55°09'45" S84°56'11"E 62.59' BIDDING OR PERMIT PURPOSES. BY: Richard W. DeOtte L85 23.83' S89°16'19"W L147 160.65' S49°07'31"W L210 121.25' S70°50'09"W C45 35.59' 27.50' 74°08'31" N86°58'14"W 33.15' C141 15.48' 182.50' 4°51'33" S29°33'03"E 15.47' Reg. No.: 74232 Date: 9/03/2019 L86 140.76' N22°52'40"W L148 145.14' S89°26'44"W L218 14.05' S27°07'17"E C46 45.07' 80.00' 32°16'38" N66°02'17"W 44.47' C143 28.80' 27.50' 60°00'00" S02°52'43"W 27.50' L87 107.87' N42°12'16"E L149 35.28' S16°14'14"E L219 163.81' S49°46'48"W C47 74.51' 80.00' 53°21'38" S71°08'35"W 71.84' C144 49.69' 62.50' 45°32'58" S10°06'14"W 48.39' L88 123.64' N81°53'22"E L150 15.13' S16°14'14"E L220 112.60' N33°22'37"W C48 39.52' 80.00' 28°18'20" S30°18'36"W 39.12' C145 79.14' 62.50' 72°33'10" S48°56'50"E 73.96' L89 105.91' S76°26'46"E L151 150.00' N89°17'47"E L221 30.76' N00°24'12"W C49 35.09' 27.50' 73°06'53" S52°42'53"W 32.76' C151 117.33' 167.50' 40°08'03" S56°31'58"E 114.95' L90 135.49' S07°14'49"W L152 96.23' N08°41'53"E L222 130.47' N00°24'12"W C50 17.32' 417.50' 2°22'36" S64°30'27"E 17.32' L97 164.09' S18°26'14"E L153 95.95' N08°30'37"W L223 128.22' N89°55'43"E C51 29.84' 27.50' 62°09'45" S34°36'52"E 28.39� P R E L I M I NARY S I T E EVAL UAT I O N L98 149.92' N00°57'47"E L154 102.16' N11°51'02"W L224 134.75' S77°19'45"W C52 52.16' 80.00' 37°21'25" S22°12'42"E 51.24' OF L99 0.26' S69°18'11"E L155 155.00' S81°31'07"W L225 142.27' S26°36'55"W C53 66.37' 80.00' 47°31'58" S64°39'24"E 64.48� S��NC�� �� NC� L100 150.00' S01°03'06"E L156 155.20' N89°17'47"E L226 95.97' N63°23'05"W C54 64.41' 80.00' 46°08'01" N68°30'37"E 62.69' BEING L101 19.11' S43°56'54"W L157 152.61' N89°19'10"E L227 157.04' N19°58'35"E C55 31.32' 27.50' 65°15'13" N78°04'13"E 29.65' 42.�� � ACRES SITUATED IN THE L102 105.56' S88°56'54"W L158 73.42' S07°42'03"W C57 25.43' 127.50' 11°25'45" S75°01'03"E 25.39� JOSIAH WALKER SURVEY ABSTRACT N�. 1604 OWNERS: J. TIMOTHY BRITTAN BRYANT R. FISHER AND AND THE 1925 PEARSON LANE BECKY R. FISHER G.B. HENDRICKS SURVEY ABSTRACT NO. 680 WESTLAKE, TEXAS 76262 CONTACT: TIM BRITTAN 4050 ASPEN LANE WESTLAKE, TEXAS 76262 TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS DEVELOPER: WATERSIDE LAND CO, LLC 39 RESIDENTIAL LOTS - 15 OPEN SPACE LOTS 5055 KELLER SPRINGS DRIVE RESIDENTIAL: BLOCK A, LOTS 1-6; BLOCK B, LOTS 1-6; SUITE 5ao BLOCK C, LOTS 1-10; BLOCK D, LOTS 1-7; ADDISON, TEXAS 75001 972.248.1400 BLOCK E, LOTS 1-6; BLOCK F, LOTS 1-3; BLOCK H, LOT 1 CONTACT: PAUL PASTORE PRIVATE STREET: BLOCK G, LOT 1X ENGINEER: OPEN SPACE: LOTS OS-1 - OS-15 DEOTTE, INC. LAND USE DESIGNATION: SINGLE FAMILY RESIDENTIAL 420 JOHNSON RD. SUITE 303 KELLER, TEXAS 76248 EXISTING ZONING: PLANNED DEVELOPMENT DISTRICT (PD-7) & R-5 CON ACT9RICH DEOTTE PROPOSED ZONING: PLANNED DEVELOPMENT DISTRICT (PD-7) & R-5 CITY CASE # PP-XX-XX-XX AUGUST 2019 SHEET 2 OF 2 Resolution 19-31 Town Cou nci I Item # 5 — Executive Session 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: - Entrada - Waterside Land Company LLC - Front 44 b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake Town Cou nci I Item # 6 — Reconvene Council Meeting Town Cou nci I Item #7 — Necessary Action 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: - Entrada - Waterside Land Company LLC - Front 44 b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake Town Cou nci I Item # 8 — Future Agenda Items 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. - Use of public (rentable) scooters and bicycles within the Town limits. — Mayor Wheat Town Cou nci I Item # 9 — Adjournment Regular Session