HomeMy WebLinkAbout09-30-19 TC Agenda Packet � •�/ / / I I I / /'/ '/ .
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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.
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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."
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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
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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
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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
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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
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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
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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
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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
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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
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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.,�:,,��
� � �
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�T r�r�r i���n ,,.-� r � ti�
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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.
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(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.
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(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.
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(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.
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(� 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
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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
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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
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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.
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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
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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
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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:
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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.
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Resolution 19-28
Page 3 of 7
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� 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�
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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.
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Resolution 19-28
Page 4 of 7
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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 ;
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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.
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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).
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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.
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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
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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
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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
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CERTIFICATE OF INTERESTED PARTIES �
FORnn 1295 �
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Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY �
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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 �
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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
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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
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Name of Interested Party City,State,Country(place of business) (check applicable) �
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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. �
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Signature of authorized agent of contracting business entiry
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Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1,3a6aaf7d
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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. ❑
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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
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��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
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� r � 0.43 AC � ' �� ��� - J ���� � � � LOT 2
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� 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
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P.R. r.c.r. I <��� � � I , � - - � � . -.���z� o _ _ � / � iNs�r, No. r�27 4043902 , � � �� � ; o
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�i � W� � ,� � " � 21,705 SF J 16,798 SF I� ;� � �, LOT 4 �� N$9°26'44��E 494.41� 15' WATEI�� � �
15 228 SF
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�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