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HomeMy WebLinkAbout10-28-19 TC Agenda Packet Amended TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 r N I r a re F OCTOBER 28, 2019 WESTLAKE 5:00 PM MEETING Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. 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. S. DISCUSSION ITEMS a. Presentation and discussion by Fidelity Investments regarding a potential solar panel facility on the Fidelity Investments Campus. b. Presentation and discussion of Wayfinding Master Plan. c. Presentation and discussion regarding the proposed Smoking Ordinance allowing smoking indoors only. d. Standing Item: Presentation and discussion of development projects per Staff Report September 2019 including an Entrada report from the Developer, projects in Planned Development PD 3-5. Page 1 of 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 - 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 c. 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 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. Page 2of5 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 September 30, 2019. b. Consider approval of the minutes from the meeting on October 7, 2019. c. Consider approval of a Resolution 19-34, Authorizing the Town Manager to select a vendor for Dark Fiber Installation and to begin contract negotiations for the Dark Fiber Project. d. Consider approval of Ordinance 896, Amending or Repealing the Fee and Use Schedule. e. Consider approval of Resolution 19-35, Approving an Interlocal Agreement with Region 2. f. Consider approval of Resolution 19-36, Authorizing the Town Manager to enter into an agreement with Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program. 4. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 19-37, APPROVING A PRELIMINARY SITE EVALUATION FOR SCHWAB WAY, LOCATED BETWEEN STATE HIGHWAY 114 AND J.T. OTTINGER ROAD. 5. CONDUCT A PUBLIC HEARING AND CONSIDERATION OF ORDINANCE 897, AMENDING CHAPTER 102 ZONING, ARTICLE III, PERMISSIBLE USES, DIVISION 1, GENERALLY, SECTION 102-66, FARM ANIMALS AND HORSES, REGARDING PROPOSED CHANGES TO REQUIREMENTS FOR KEEPING CERTAIN ANIMALS ON A PROPERTY. 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 - 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 Page 3of5 following: Cause No. 236-304811-18 - Builder Recover Services, LLC v The Town of Westlake c. 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development. 7. RECONVENE MEETING S. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 9. 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. 10. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. Page 4of5 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, October 23, 2019, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Tanya Morris, Assistant to the Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Page 5of5 TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 r N I r a re F OCTOBER 28, 2019 WESTLAKE 5:00 PM MEETING Vision Statement An oasis of natural beauty that maintains our open spaces in balance with distinctive development, trails, and quality of life amenities amidst an ever expanding urban landscape. AMENDED AGENDA This item was added to the regular session agenda. 6. DISCUSSION AND CONSIDERATION OF AN ORDINANCE AMENDING CODE OF ORDINANCES CHAPTER 74 SOLID WASTE. 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, October 25, 2019, by 4:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Tanya Morris, Assistant to the Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. Page 1 of 1 Westlake Town Council TYPE OF ACTION T x E T o w n o f WESTLAKE Regular Meeting -Action Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Consider amending Code of Ordinances Chapter 74 Solid Waste. STAFF CONTACT: Jarrod Greenwood, Assistant Town Manager Strategic Alignment Visionin Perspective Strateuic Theme & Results Outcome Objective 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: October 25, 2019 Completion Date: October 28, 2019 Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Consider an Ordinance to amend Code of Ordinances Chapter 74 Solid Waste. RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS Provided at the meeting by Town Attorney. Page 1 of 1 Town Council Item # 2 - Pledge of Allegiance Texas Pled ge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible. " Town Council 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. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town Council Item # 4 — 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 September 30, 2019. b. Consider approval of the minutes from the meeting on October 7, 2019. c. Consider approval of a Resolution 19-34, Authorizing the Town Manager to select a vendor for Dark Fiber Installation and to begin contract negotiations for the Dark Fiber Project. d. Consider approval of Ordinance 896, Amending or Repealing the Fee and Use Schedule. (Amending or Repealing Ordinance 424, EMS Fees) e. Consider approval of Resolution 19-35, Approving an Interlocal Agreement with Region 2. f. Consider approval of Resolution 19-36, Authorizing the Town Manager to enter into an agreement with Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program. Town Council Item # 5 — Discussion Items DISCUSSION ITEMS a. Presentation and discussion by Fidelity Investments regarding a potential solar panel facility on the Fidelity Investments Campus. b. Presentation and discussion of Wayfinding Master Plan. c. Presentation and discussion regarding the proposed Smoking Ordinance allowing smoking indoors only. d. Standing Item: Presentation and discussion of development projects per Staff Report September 2019 including an Entrada report from the Developer, projects in Planned Development PD 3-5. Westlake Town Council TYPE OF ACTION T x e T o w n o f WESTLAKE Workshop -Discussion Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Discussion and presentation by Fidelity Investments regarding a potential Solar Panel facility on the Fidelity Investments campus. STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision,Value,Mission Perspective Strate2ic Theme&Results Outcome Ob High Quality Planning, Design & 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(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This item provides an opportunity for representatives from Fidelity Investments to present and discuss a potential solar facility that would be located on the Fidelity campus in Westlake. Attached are exhibits showing a potential location in Westlake on the western portion of the Fidelity campus. Pending discussion of this item, should Fidelity Investments wish to pursue formal approval of a solar facility, at a minimum, the following steps involving Planning and Zoning Commission and Council approval would be required: • An amendment to Ordinance 306, approving the PD-2 zoning on the property in order to add the use of a solar facility; Page 1 of 2 • A concept plan, development plan and site plan amendment to the PD zoning on the property. The current approved concept plan shows office uses on the portion of the property where solar facility is proposed. Additionally, the Comprehensive Plan recommends a portion of the area in question for open space and office uses and would also require amendment. All of the above items would require a pubic hearing with the Commission and Council as part of the consideration process. RECOMMENDATION Should the applicant wish to pursue formal approval of this item as mentioned above on a future agenda(s), staff will provide a detailed analysis of the request as part of the packet. ATTACHMENTS Solar Facility Exhibits provided by Fidelity Investments Page 2 of 2 October 28 2019 Fidelity Investments WESTLAKE SOLAR ARRAY Working Session with Westlake Town Council Brian Daigle Vice President, Energy and Infrastructure 1 FIDELITY INTERNAL INFORMATION Fide/iIy N -YMENT3 Why is the Westlake solar array important to Fidelity? It"s a business requirement- • Carbon neutrality is part of our broader environmental sustainability strategy which is driven by business demand. • Our stakeholders... clients, employees, the general public and the communities that we operate in... expect us to be responsible citizens minimizing and mitigating our impact on the environment. Solar energy generating facilities are a friend of the Texas electricity grid (ERCOT)I in times of stress - • Solar peak output coincides with Texas electricity grid peak demand, thus easing grid stress during high demand periods. • Summer 2019 was record year - The regional grid (ERCOT)1experienced historically high demand and was stressed. • Unlike gas-fired, coal, or nuclear generation, solar does not use water, which is an important commodity in north Texas. It"s a good long term investment for Fidelity and the Westlake Community- • Investing in the environment around us, including solar energy, is no different than any other investment that Fidelity makes... we're in it for the long haul. • We believe that the solar array makes sense for both Fidelity and the Westlake community to foster resilience and economic vitality with more strategic resource consumption. • We demonstrate by example because we ask the companies that we invest in for climate related financial disclosures because climate impacts are material to macro-economic, and therefore financial, performance. Notes. ftFidelify 2 FIDELITY INTERNAL INFORMATION 1 - ERCOT- Electricity Reliability Council of Texas ,�„EsrN.E�rs Historical Context: Environmental Sustainability In the context of program scope/impact evolution BUSINESS INTEGRATION &OUTREACH Market Demand has driven the CORE BUSINESS Fstaiully n bight integrating BIG PLAYS sustainability into enterprise strategy COMMITMENT& Extending sustainability and daily operations need for an enterprise focus on COORDINATION to the core financial Progress metrics business and pushing sustainability Taking a strategic forward new initiatives Scan,Try,Scale ideas position and planning •- Integrate ESG efforts for the next stepsLarge-scale cross-enterprise renewable energy FORMAL Program priorities — — — — Establish enterprise it PROGRAM Rolling three-year EV/LEV benefits ESG strategy Fidelity adopts a goals Elimination of Materiality analysis sustainability position Cross-enterprise styrofoam Enterprise resiliency MARKET DEMAND coordination analysis • Environmental Innovation pilots Increasing business External reporting External partnerships need for sustainability Sustainability Policy and disclosure Sustainability office Associate GOOD Steering Committee ISO 14001 empowerment UN PRI RESOURCE Client RFPs for new Sustainability Officer /renewal business Investor Center CSR funds Integrated messaging STEWARD Internal certification internally/externall • New graduate Y Y Aligning with Kaizen "green pledges" communications Renewable energy Associate Transparent disclosure and efficiency Associate green Benchmarking pilots engagement Stakeholder Water*Energy*Paper ideas in contest GHG measurement Citizenship policy Social media engagement up to 2005 2006-2007 2008-2010 2011-2013 2014-2017 2018-2020 FIDELITY INTERNAL INFORMATION Fide/iI" /NVE3YME NT3 Context: Corporate Citizenship at Fidelity - 50 % of Fidelity's Carbon Footprint is from Electricity Usage Environment •cial Governance Prod Making a positive impact for a Fostering the well-being of Conducting our business in a Integrating responsible more sustai.nable future our communities responsible manner offerings across ourportfolio Governance /• AssociateEthical 4--. & Certification ' °°TIFI°'ED experienced conduct Reporting � ;PR I ' - - - - - - - - -CER- - - I Greenhouse Diversity and Information 0914 (Investment# IOft I gas emissions - - I inclusion � security Integration 1V - - — — — — — — — — Community Supply chain � *� involvement Privacy �2 Client Choice Conserving , Charitable 0 Business resources giving continuity Points of View External ® J 5 % Industry a Partnershi s 15130 Sponsorships Supplier risk p fIg®®� ' 1,11- Collaboration FIDELITY INTERNAL INFORMATION Fidelity Sample Sustainability Program Metrics / Goals Program performance 2007 - 2018 Landfill '. .- - Waste L I • I I I I I I I Energy conservation and demand I I management have played an important role over the years, however, material I I reductions in CO2 emissions now require a commitment to renewable energy _ — — — — — — — 2020 4 0 GOALS 2025 61% 1 ' . 1 ' . 1% GOALS 5 FIDELITY INTERNAL INFORMATION Fide/iIy Commitment to Renewable Energy Nearly $50M Invested in Solar - Path to 50% Renewable Not and Easy One • Fidelity interest in solar energy investments is driven by the following: • Visibly demonstrates Fidelity's commitment to renewable energy • Owned renewable assets play a key role in enterprise renewable energy strategy • Positive reception of on-campus projects by the associates and the community (i.e. New Hampshire, Rhode Island) • The Westlake solar array would be the most productive' energy asset in Fidelity's portfolio 289 31 4 4 6 1 243 45 Nearly$50M Invested Proposed Energy Usage/Production (Giga-Watt Hours) Electricity North New Rhode Westlake Boston Electricity PPA2 PPA Net of PPA Usage Carolina Hampshire Island Net of Solar Notes: 1 - Highest annual energy production Fideity 6 FIDELITY INTERNAL INFORMATION 2- PPA- Power Purchase Agreement with assets owned/operated by others ,EV ES-1-- NOT FOR CONSTRUCTION N X C9 M POWER TABLE NOTES: 0 w ARRAY MOUNT INVERTER TRANSFORMER 1. SHADING PATTERN IS CALCULATED BASED ON JUNE 21ST Z FROM 7.30AM TO 4.30PM, FEBRUARY 21 ST FROM 9AM TO 3PM, 0� AND DECEMBER 21 ST AT NOON, TAKING INTO ACCOUNT SITE a LOCATION # OF MODULES MODULE TYPE kWp AZIMUTH TILT TYPE TYPE SIZE(kW) QTY EFFICIENCY kW AC TYPE QTY RATING LATITUDE AND LONGITUDE. w ARRAY 1 7884 J KM390M-72L-V 3074.76 180 SINGLE AXIS TRACKER SOLECTRIA XGI- 1500166 166 14 98% 2324 PAD MOUNT 1 2500kVA 2 SHADING FOR OBJECTS NOT IMPACTING THE PV SYSTEM IS z NOT SHOWN. CDU rn TOTAL 7884 3074.76 2324 3. GROUND SNOW LOAD = XX PSF, BASIC WIND SPEED = XXX MPH } (RISK CATEGORY XXX), EXPOSURE TYPE X. II m p}p 00 Z Llj Z LU O O Y � _ Q Q w > ir a I. I I i I I a_ co z � O - - - - - _ O0 Q .0 — — — — — -- - — — — — < H Ld El W z > 0� - Q OU Q - - - - - - - - - X (DU~) U C� 3: 3: W X o - • � � Q Q � > 00 z J J O re W U) U) CD Lo ~O 0 W W z o = IL 0 Cn M W - . o AL- lm + _ U) m > /} U) N W cn E N N C (Q i � a m CC m y - - - - - - - - - - - - - C QQ ° c°i c — — — — — 1 r LL � m v g c m O. > � N m a"i c y 3 1/1 y U O L N � o cc U U C -c N C O n Cp 01 O 0O 'y (t @ 3 a y a - - - - - - - - - - CO L L U O C w r ° O O C N N N C U ° > C C N L l6 Lu U 0 p w O C C d ` y l N 0 Q W d F O N J N N C C U _ N U U ° O _N N Q r Q a Y O N 3 N C N O. � N � L w ° .L.. O V �I a a0 m U m 3 o • IL IP FIDELITY WESTLAKE TX - OVERALL ARRAY LAYOUT _ 1" = 100' El 00 SCALE: 1 "=100' WHEN PRINTED 36" x 24" 0 100 200 300 400 500 600 A B C D E F TOWN OF WESTLAKE BENCHMARK-9 a THE STATION IS A TOP SECURITY ROD MONUMENT WITH 3 Y4" ALUMINUM CAP STAMPED "TOWN OF Q Q WESTLAKE GPS 9"SET IN WELL WITH AN ALUMINUM ACCESS COVER SET FLUSH WITH GROUND. ELEVATION 678.40, NAD 83,NORTH CENTRAL ZONE 4202. TOWN OF WESTLAKE BENCHMARK-10 THE STATION IS A TOP SECURITY ROD WESTLAKE GPS 10' SET IN WELL WITH AN AI I ALUMINUM ACCESS COVER SET FL TH 3 Y4" ALUMINUM CAP STAMPED "TOWN OF FLUSH WITH GROUND. ELEVATION 656.67, NAD 83,NORTH CENTRAL ZONE 4202. 100-YEAR FLOOD PLAIN ALL FLOODPLAIN INFORMATION IN THESE PLANS ARE FOR GRAPHICAL DEPICTION ONLY,AS SCALED OFF OF FIRM PANEL MAP#48439C0080K,REVISED DATED SEPTEMBER 25,2009 FOR TARRANT COUNTY,TEXAS.THIS PROPERTY IS IN ZONE X,AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. lb LLJ \J OQ 683 180(3 682 p gg ggN gg p gg gg EE�� aa ga gg �` co — — 681 �� / / ♦ \ i I4- N H Ni H 0 50 100 200 300 Z I \ 680 P I 'o� SCALE: 1' = 100' no BH 681 678 P r A P / TREE SHADING l )1r l 1 1 } co co co J LU 5 TALL BERM 677 P ^� • / / / / / CA / 6 V F ^ / / // / / / / }� ✓ o / // w O 00 �A) / co s79\ � � �/I �/ r F- F I �1", C / 1 CO I 674 / 1 ,� \) / 00 10d / INTERIM REVIEW ( i r 666 / / / �� \678 J I /� I H H H H 0 o d 0 P4 d 0 0 H H H �� Not intended for construction, / bidden or permit purposes. \6, 673 � � � � � � � � / � / g p p p g p q �y g e q q q q q E{ r� g p g p p �\ Engineer: JON M. 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I 686 z I 0 6 ( I N ` I o I IJ I I � 687 W W w aaaaaa cn •co`O JOB NUMBER: 1730728 ISSUE DATE: 09-19-2019 8 �� DRAWN BY: ED/TD CHECKED BY: MH TITLE D I D SITE KEY MAP 679 SHEET 677 80' 160' 240' SCALE: 1 " = 80' LO . 00 1 COPYRIGHT 2016 BRIGHTVIEW DESIGN GROUP 1 2 3 4 5 6 1 2 3 4 5 6 (0 � PLANTING SCHEDULE 8rightView TM - - - - - - - - - - - - - - - - - - - - - - - - - - - — — — — - - - - - - - - — — - - - - - — TREE Design Group I � 69 4 I 1715 18th ST SYMBOL BOTANICAL COMMON NAME E SANTA MONICA, CA 90404 PH 310.8 g 4707 A WWW.BRIGHTVIEW.COM JUNIPERUS VIRGINIANA Imo r A 8 EASTERN RED CEDAR W W wm zw • I Woos z W a-wZOW a z wa'�a'apK a I wogw 00 a zapwt'U') PINUS VIRGINIANA z 8 --,WZ&>�� Z" EASTERN WHITE PINE °wo~" c7 aaw=aw w3Nc=i�~gym ogwo~a=w w O Z 7)3:o z °zQZ� ��=az—Fm m�awa'2¢00 PROPOSE BERM ILEX OPACA AMERICAN HOLLY I I I I MYRICA CERIFERA SOUTHERN WAX MYRTLE I I I � I Q z I J J I O a cn U B I I B z W z A EA TO BE SE ED I Q LLi a cn ITH MEADOW MIX LU J >- Y OJ ER ENLARGEMENT I z ~ Z J W � ON SHEET L4.201 6� — co � o w 0 68 , I -j 04Lu w a I I o � a ESS ROAD I `` — cn J o w a J W 0 U. 69 + I a rJ o I I I . . . . . . . . . . . . . . . . . . C 687 C z G� ° I U II co 692 ARE BE SEEDED TH M ADOW MIX I w 68 PER E LARGEMENT o I I ON SH T L4.201 <<<<<< / I JOB NUMBER: 1730728 vV I ISSUE DATE: 09-19-2019 690 I DRAWN BY: ED/TD CHECKED BY: MH TITLE D I D + SITE PLANTING6900 % 1;Cl PLAN - NORTH I I I — . • • �— SHEET 40 80 120 MATCHLINE - SEE SHEET L4. 102 68 L4 . 101 I SCALE: 1 " = 40' COPYRIGHT 2016 BRIGHTVIEW DESIGN GROUP 1 2 3 4 5 6 1 2 3 4 5 6 PLANTING SCHEDULE MATCHLINE - SEE SHEET L4. 101 Sri htView M TREEDesign Group I 68 I BOTAN I CAL NAME 1715 18th ST SYMBOL COMMON NAME PH 310.8 g 4707 SANTA MONICA, CA 90404 A WWW.BRIGHTVIEW.COM JUNIPERUS VIRGINIANA m� A I EASTERN RED CEDAR o � 2- EASTERN w w°�wx00 689 ate.za OwH� ax=.m.. 05 PINUS VIRGINIANA ~°°�a� °i�n�zawZ �< EASTERN WHITE PINE I • z�az>��in C� aaw=mw > Z p d W Z x F�m p W Z Zo IC�Uxwzin�m O ILEX OPACA AREA TO BE SE ED �. ` I AMERICAN HOLLY WITH MEADO MIX , PER NLAR E T L� ON/SHEET L4.201 AC PANEL & MYRICA CERIFERA T ANSF�ORME SOUTHERN WAX MYRTLE PAD M6UNT 86 a Z I J J I 0 a B I 00 I B z W z >- X I ae HQ QHa El cJ � Wo LU Y J Z � ZQw AC SS A I — � co PROPOSED BE - >- LV wco UJI L4.201 0 W 0 � w I a w a 687 U- ~ cn J o W a J LLJ LL a I I I I I ♦ `) C C I 81 o . • U) LU I U I o EDGE OF LAKE I LU � I Q AREA TO, E SEED D WITH M MIX Lill<<<< PE A ENT T L 01 I JOB NUMBER: 1730728 ISSUE DATE: 09-19-2019 679 � El El El El El El E I DRAWN BY: ED/TD CHECKED BY: MH I / I TITLE D I I D SITE PLANTING I I + 677 PLAN - SOUTH I / SHEET 40' 80' 120' � SCALE: 1 " = 40' L4 . 102 COPYRIGHT 2016 BRIGHTVIEW DESIGN GROUP 1 2 3 4 5 6 2 3 4 5 6 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . > 0 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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W> A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - . . - . . - . . - T U,0 0 0 20! . 7-7-7 . . . . . . . .0 . . . 0 0 . . . 0 0 . . . 0 0 0 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 TBD U 0 0 0 Jw '0qz . 0 . . . . . . 0 . . . 20<wmoo 0 0 0 . . . < 0 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 0 0 0 0 0 0 0 0 0 0 0 <w . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . — — — — x, ),),< 0 0 0 0 0 0 0 —afaf>­0 -waf 0 . . . 0 0 . . . 0 0 . . . 0 0 0 , . 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 0 0 0 0 0 0 ZOFOO�a�, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2�,-t 0--z g E:0� . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 (D�z O�CP(D 0<(Dw . 0 0 0 0 0 0 0 0 (z 0 z<w>am�!,=f wo 0 . . . 0 . . . 0 0 . . . 0 . . . < 0 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 0 0 0 0 0 0 0 0 0 w 3: 5�0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 W<w �-<W3: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . TBD 0�w6<0Mw w 0 0 0 0 0 0 0 0 0 V/ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 . . . 0 0 �-,0(-,-w wz zz,-,: oj 0 0 0 0 0 0 0 0 0 0 0 0 0 m 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 0 0 0 0 0 0 0 ouilf";�t 0 0 0 0 0 0 0 0 ww(DcLZw �2w<w 0 0 0 0 0 < > 0 0 0 0 0 0 0 0 0 0 mt af2<00 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 - - () 0 0 . . . 0 - - () 0 . 0 . . . 0 . 0 , 0 0 0 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O0 . . . 0 0 . . . 0 . . . 0 . . . < > . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - - - 0 - - - 0 . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 0 0 . . . 0 0 0 0 . . . 0 0 . . . 0 0 0 0 . . . 0 0 0 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V/ 0 . . . 0 . . . 0 0 0 . . . 0 0 . . . < C) > 0 . . . 0 0 0 . . . 0 . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 0 0 . . . 0 0 0 0 . . . 0 0 0 0 . . . 0 0 . . . 0 0 0 . 0 . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O0 . . . 0 0 . . . 0 0 . . . < > . . . 0 . . . 0 . . . 0 0 - - - 0 - - - 0 - - - 0 - - - 0 . . . . . . . . . . . . . . . . ... ... 0 0 . . . 0 0 0 0 . . . 0 0 . . . 0 0 . . . 0 0 . . . 0 0 . . . 0 . . . 0 . . . 0 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 v 0 0 . . . < 0 0 > . . . 0 0 . . . 0 . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 0 0 0 0 0 0 0 0 0 0 0 0 U) 0 z 0 0 . . . . . . .0 0 0 0 0 0 0 0 j 0 . . . . . . . . . . 0 0 . ( . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 , 0 . . . 0 0 0 0 . . . 0 0 0 0 . . . 0 0 . . . 0 0 0 0 . . . 0 0 0 0 . . . 0 . . . 0 (l) cn B 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . B F F 0 0 0 z 0 0 0 0 0 0 0 0 z LU . . . . . . . . . . . . . . . . . . . . . . . LU LLI k=4 0 . . . 0 . . 0 . . . 0 . L= . ,0, . '0' . 0 . 0C) 0, - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F- a.LLF 0 0 0 - .0. - - .0. - - .0. - - .0. - - .0. - - .0. - - .0. - - .0. - .0. - . .0. 0 0 .0. - . .0. - . .0. . j _j LU >- 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . ..... > Z LU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . W. z U) P LLI0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . >-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LU LU a a 3: Lu 04 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 / Lu . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F- LL 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - ACCESS ROAD j . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . LU -0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - 0 - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - 0 LL . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - C . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . C 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - z . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . L) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . V) - - - LU . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 LU F- 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 < . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 . . . 0 - - � aaaaaa . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - 0 - - - JOB NUMBER: 1730728 ISSUE DATE: 09-19-2019 DRAWN BY: ED/TD CHECKED BY: MH TITLE D D TYPICAL SEED MIX PLAN ENLARGEMENT SHEET 10, 20' 30' SCALE: 1" = 10' L4 . 201 COPYRIGHT 2016 BRIGHTVIEW DESIGN GROUP 2 3 4 5 6 �, WESTLAKE SOLAR FARM SCREENING STUDY , 2019-08-15 f 1 � •I1 �:I. Pfto"i4 SOLAR FARPA (A: Pw r r „ 10.15 ACRES - [►Flo Fi01 �.r '.��� 1 • M1,J��ti:- -- , -� �F �� JJi{IIIII•. �t. ' DELOITE F�Df ry r r1NIYER$ITYr "r .•,. Y ^-J �1- INVcSTMENr5 ;•. 7FFC Tul4 d-STOR'f B7Jllalhi -1 Wd 675,TOP PU1rE 730 I_ F }} 'ROPOSED SQLAk FA.-PJ [E0 EE -- -10.3 ACRES I ' ;;,� ��_�����_'y•�� � � � -fir 4r 4 Key is that hedgerows are tailored to their ecosystem with more or fewer conifers, different tree and shrub species, and dif- ferent compositions of layers. Some hedgerows are planted on berms or banks, some have ditches or fences along the side; some are still laid, trimmed, coppiced and pollarded, some leave tall standard trees at intervals or corners. Layers and ; . .. species diversity is fundamentally important. - _- POTENTIAL 4-STORY BUILDING o' PROPOSED SOLAR FARM (A) FFE 675,TOP PLATE 730 — — — — — _ — — -10.6 ACRES •-0�.. ¢iFry� n•_,Y��, 730+ 675+ _-- __695+ +688 +673 .- 668+ ' E64 685+ ' +678 410' 752' 181, 511' •- { iT'1#rr�- { 'xi''a• - _�. 933' /i13'/ / / SECTION A gg. � CAPITA WY / - - - SIGHTLINE — — — — — — — — — — (E) FG PL BERM & b DESTINY WAS HEDGEROW 688 69 + �h 692 �-- � � ; SECTION B �b ,ear I4 SIGHTLINE 6 — — — — — — — — — — — — — — — — — — — — — — — — — — (E) FG PL 690. BERM 689+ 686 l C SECTION C 687,' • SIGHTLINE \ - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - BERM 6jrlu Q u 679 . �� +677 - -- �� . dbk IN - - Aw— Y��l ^ ��. � A at,t .4•.0�4�'.f a; +F.r r "`':'e�tu n-r i _ ' �'t,. •1`• "� �� � I � ! ip 5�` s„A����ii3�,y `� ,If r any.+Z ��.: •�" «-s' �.. ia� 1'y'� • 's r... ,�. i 1 a a am am jp or • �'�.,_ : x � - r • . - � �..F. -yap '�„ '�'�c� �..,::r,;': ,_.�,,,:ma y"�� ' - : -. 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SHADING PATTERN IS CALCULATED BASED ON JUNE 21ST z FROM 7.30AM TO 4.30PM, FEBRUARY 21 ST FROM 9AM TO 3PM, 0Y AND DECEMBER 21 ST AT NOON, TAKING INTO ACCOUNT SITE a LOCATION # OF MODULES MODULE TYPE kWp AZIMUTH TILT TYPE TYPE SIZE(kW) QTY EFFICIENCY kW AC TYPE QTY RATING LATITUDE AND LONGITUDE. w ARRAY 1 7884 J KM390M-72L-V 3074.76 180 SINGLE AXIS TRACKER SOLECTRIA XGI- 1500166 166 14 98% 2324 PAD MOUNT 1 2500kVA 2 SHADING FOR OBJECTS NOT IMPACTING THE PV SYSTEM IS z NOT SHOWN. CD ULo rn TOTAL 7884 3074.76 2324 3. GROUND SNOW LOAD = XX PSF, BASIC WIND SPEED = XXX MPH } (RISK CATEGORY XXX), EXPOSURE TYPE X. 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ELEVATION 656.67, NAD 83,NORTH CENTRAL ZONE 4202. 100-YEAR FLOOD PLAIN ALL FLOODPLAIN INFORMATION IN THESE PLANS ARE FOR GRAPHICAL DEPICTION ONLY,AS SCALED OFF OF FIRM PANEL MAP#48439C0080K,REVISED DATED SEPTEMBER 25,2009 FOR TARRANT 00 //' // / / I ( //� — ✓ , COUNTY,TEXAS.THIS PROPERTY IS IN ZONE X,AREAS DETERMINED TO BE OUTSIDE THE 0.2% ANNUAL CHANCE FLOODPLAIN. ol (6 6� 692 693 / I % W � (cbry 687 689 60" / l \j Co 70 v // /, z ca / 0 50 100 200 300 � 679 / � , / 0 / ! / / ! ! / ! / / / // / / / / / SCALE: 1" = 100' 00 Ell R —00 sss, 111 1\ co /—/T TREE SHADING // co co (D U w 15' TALL BERM 1 \ 676 ^� / / / / / //// / / / / �\ \ / / / 675 ^cb / / / / / / / / /! / // / / \� / / / m o o o Ln m / �� \ \✓ / oro / / / / u o co — �� / / ! / / / / / / / / / / / / / o co // INTERIM REVIEW Not intended for construction, / / / / / / / / // bidding or permit purposes. 672 / / / / / / / / / / Engineer: JON M. KROEHLER,P.E. IO / / / / // // / / /// / _/\ ✓ \ P.E.Serial No.: 94247 111 I I I / / / //J I / Date: OCTOBER 18,2019 r" / I o^RN H H H / (V / 41l, // \\ W Vi W \�w / / / / / v j (/ / / I // \ a _ N O W O CONTRACTOR TO VERIFY ELEVATION AND LOCATION OF ALL EXISTING UTILITIES PRIOR TO COMMENCEMENT OF ANY NEW CONSTRUCTION v SHEET NO. 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'`. l;': ' -'-'- - - J l/' / ' - - - - - -- - - - - - - -=------------`- 1 _- - - - - - . - - _ - %r - - - - - - - - - - - - - - - - l/ '' ,' �r� �, -'�- �` i i i i l d81 _ .. :fir' •�.\`\ �r •."+x - - ,t:3 -�+'w�t� �,. ;/. I \ `I ' icy' /r j ' I •. - -- -- - -- - -- - - - - - 11 't /' - --- - - -- --- ---- +677 Key is that hedgerows are tailored to their ecosystem with more or fewer conifers, different tree and shrub species, and dif- ferent compositions of layers. Some hedgerows are planted on berms or banks, some have ditches or fences along the side; some are still laid, trimmed, coppiced and pollarded, some leave tall standard trees at intervals or corners. Layers and species diversity is fundamentally important. - _- POTENTIAL 4-STORY BUILDING o I PROPOSED SOLAR FARM 7.. •i.;. -.4.i:-.;�' - - ,SRC. FFE 675,TOP PLATE 730 poi ±15.68 ACRES - m ';r: :•- •tar, - - •w - - � 730+ Water and 1; _ - • ewer Easement 675+ +689 +674 674+ •670+ 400' 208' 112' 554' �• - -- f 1,275' 1 2 3 4 ER �694 CAPITAL PKWY I Y , I iSECTION A I I DESTINY WAY — — _ _SIGHTLINE_ _ /j (E)FG PL - - - - ~ 0' BERM w 2 �LU "' I SECTION B — — — — _ — SIGHTLINE (E)FG PL 5' BERM N 4 ll o I N LU co w C w ocwn Q � I I I I -- 7—�-- — — -- — ---- ' �� Westlake Town Council TYPE OF ACTION T x e T o w n o f WESTLAKE Workshop -Discussion Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Discuss and consider the approval of a Resolution to enter into an agreement with Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program for the Town of Westlake and authorizing the Town Manager/Superintendent to approve change orders making funding changes not to exceed $25,000 under this agreement. STAFF CONTACT: Troy J. Meyer, Director of Public Works & Facilities Strategic Alignment Vision, iStrate2ic Theme & Results Outcome Ii High Quality Planning,Design& Preservation of our Natural Municipal& Development-We are a desirable Increase CSS Beauty Academic Operations well planned,high-quality Satisfaction community that is distinguished by exemplary design standards. Strate2ic Initiative Contract with Qualified Consultants Time Line - Start Date: November 4, 2019 Completion Date: March 31, 2020 Funding Amount: $85,000 Status - N Funded Source - Capital Projects Fund EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2008 Schrickel, Rollins and Associates, Inc (SRA), was the design consultant for the FM 1938 Streetscape Master Plan which developed an identity and enhancements for the corridor starting from the Town's southern limit and terminating at S.H. 114. The branding developed for this corridor has been the inspiration to the Town's current flying "W"logo. Page 1 of 3 SRA was also the Landscape Architect on the FM 1938 corridor construction for Phases 1, 2 and 3 which included developing the trails, landscaping, gateway signage and enhancements along the FM 1938. In addition to the FM 1938 project, SRA developed a Master Plan for the HWY 114/170 corridor for a future Green Ribbon project (TxDOT funded highway landscaping enhancements). Staff recommends the approval of SRA to provide consultation and design services for the Town's Wayfinding program due to their experience with this type of program and their history with the Town of Westlake. The agreement will include the following wayfinding and place-making elements: • Vehicular directional signs • Trail head signs • Pedestrian directional signs • Pedestrian map — digital artwork for pedestrian maps that will be scaled appropriately to enhance walkability within the project area • Trail rules and etiquette signs • Mile marker signs with orientation locators for emergencies • Interpretive signs • Wayfinding elements location(typical plan) • Regulatory Traffic Signs As a part of this engagement Parkhill,Smith&Cooper(SRAIPSC)and the Staff are recommending a four-phase approach to ensure participation/involvement from our stakeholders. The goal is to create a Master Plan Document with guidelines and templates for wayfinding implementation. This plan will include elements for the trail system, regulatory signs and identifying material that will blend in with the natural environment and landscaping in Westlake. Phase I-Planning and Research: SRAIPSC and Staff to identify needs of the Town Wayfinding program. This phase will determine program parameters and design approach, identify project signage needs, and establish strategy necessary for effective consensus building. SRAIPSC and Staff will also develop a comprehensive list of all attractions and destinations within the Town and establish hierarchies. Phase II-Design: SRAIPSC will provide conceptual designs, sizes and locations for signage, and present recommendations to the Staff in two workshops, one with Town Council and one meeting with all stakeholders. Staff recommends Council begin process of identifying stakeholders by determining who the individual stakeholders are and who the groups they represent might be, as well as the size of this group(note: group size will impact the pace of the planning process). After getting feedback from the all stakeholders, SRAIPSC will present to the Town Council a final way- finding master plan that will include cost estimates for the signage elements. Staff will review costs of the project and give recommendations to the Town Council on how the project will be implemented and funded. Page 2 of 3 Phase III—Design Specs Confirmed: SRAIPSC will produce the design drawings based on the concept design approved by the Town Council. These drawings will be used for construction specification and the bidding process. Phase IV — Bid Administration Process: is the construction administration of the project. SRAIPSC will assist Staff with the bidding process, review and approval of submittals from contractors, shop drawings and final inspections of the signage project. In the 2019-20 budget, the Town Council approved $300,000 for the Wayfinding project which includes the design and implementation of the program. The cost of this agreement is $72,950.00. Staff is estimating the consulting cost to be $85,000.00. The additional $12,050 will be used to conduct additional meetings with the stakeholders and Staff if needed. RECOMMENDATION Staff recommends approving an agreement with Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding Sign Program for the Town of Westlake for$85,000.00 to include an allowance of$12,050 for addition meetings and services. ATTACHMENTS Resolution Page 3 of 3 Westlake Town Council TYPE OF ACTION T x e T o w n o f WESTLAKE Workshop -Discussion Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Discussion regarding an amendment to Chapter 46, Article VI, Tobacco Products, Smoking and E-Cigarettes. STAFF CONTACT: Jarrod Greenwood, Assistant Town Manager Strategic Alignment Vision, Results Obiective Mission: Westlake is a unique community blending preservation of our natural environment and viewscapes, Natural Oasis-Preserve&Maintain a Encourage while serving our residents Citizen, Student& perfect Blend of the Community's Westlake's Unique and businesess with superior Stakeholder Natural Beauty Sense of Place municipal and academic services that are accessible, efficient,cost-effective,& transparent. Time Line- Start Date: October 28,2019 Completion Date:November 25,2019 Funding Amount: N/A Status- N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2015, Town Council passed an Ordinance approving a limited smoking ban in trails, right of ways and a few other specific areas. Over the last year, staff has made presentations and provided draft ordinances with varying levels of smoking prohibition for Council consideration. Based on Council feedback at the August 26, 2019 Town Council meeting, staff has revised the draft ordinance with legal counsel that would allow smoking within an enclosed area (not outdoors) for any restaurant or hotel. This would require the installation of a filtration system and have a separate mechanical ventilation system. Page 1 of 2 The draft ordinance also has an effective date of June 1, 2020 in order to allow businesses enough time to make the necessary building changes. As you will recall, our major stakeholders have indicated support for complete regulation within public areas (i.e. parks and trails) and but limited within private property. Justification for limited regulation within each development centered on their need to accommodate international employees and clientele and that they already have established designated smoking areas. ATTACHMENTS Draft Ordinance Page 2 of 2 TOWN OF WESTLAKE ORDINANCE NO. AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 46, HEALTH AND SANITATION, ARTICLE VI, TOBACCO PRODUCTS, SMOKING AND E-CIGARETTES, SECTIONS 46-180 THROUGH 46-183 PROHIBITING SMOKING AND VAPING WITHIN THE TOWN OF WESTLAKE, EXCEPT IN DESIGNATED OUTDOOR AREAS,PRIVATE CLUBS,AND RESTAURANTS WITH APPROVED VENTIALTION HANDLING EQUIPMENT; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that they institute a smoke free environment within the community; and WHEREAS, Ordinance no. 755 regarding tobacco products, smoking, and E-cigarettes was approved on October 20, 2015; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds that it is in the best interests of the town and its citizens that the amendments to Chapter 46, Health and Sanitation,Article VI,Tobacco Products, Smoking And E-Cigarettes, Sections 46-180 Through 46-183 should be approved and adopted; and 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 46 Health and Sanitation, Article VI, Tobacco Products, Smoking and E-Cigarettes, Sections 46-180 through 46-183 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as follows: Sec. 46-180-Definitions. For purposes of this Ordinance, the following words and phrases, shall be have the following meanings: Ordinance XXX Page 1 of 6 AIR PURIFICATION SYSTEM An electrically powered hospital grade, high-efficiency particulate air(HEPA) media filter that will clean all of the air in a designated smoking area every fifteen (15) minutes as follows: not less than ninety-five (95) percent of three-tenths (0.3) micron particulates efficiency including dust, smoke, pollen, mold spores, bacteria, tobacco smoke, viruses and allergens and not less than ninety-five (95) percent removal of gases, vapors, volatile organic compounds (V.O.C.) and odors and contains an air barrier system or other barrier system if required by a licensed professional engineer, to prevent air from the smoking area from being drawn across the nonsmoking area. BAR Any area which is devoted to the serving of alcoholic beverages for consumption by patrons on the premises. The definition of Bar shall also include, but not be limited to,pubs, taverns, lounges, and taprooms. Although a restaurant may contain a bar, the term"bar" shall not include the restaurant dining area. BUSINESS Any sole proprietorship, partnership,joint venture, corporation or other business entity formed for profit-making or non-profit purposes, including,but not limited to,banks, hotels, motels, retail establishments, professional corporations and other entities where professional services are delivered. ELECTRONIC SMOKING DEVICE Any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person in any manner for the purpose of inhaling vapor or aerosol from the product. The term includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, hookah, or vape pen, or under any other product name or descriptor. EMPLOYEE Any person who is employed for the consideration of direct or indirect monetary wages or profit, and any person who volunteers his or her services for a profit or non-profit entity. EMPLOYER Any person,partnership, corporation, municipal corporation, non-profit entity or other entity who employs the services of one or more individual persons. ENCLOSED AREA An area closed in by a roof and walls with appropriate mechanical ventilation, and openings for ingress and egress. HEALTH CARE FACILITY Any institution that provides medical, surgical and overnight facilities for patients, including, but not limited to, hospitals, clinics, physical therapy facilities, doctor's offices, dentist's offices, nursing homes, adult care facilities, convalescent homes and residential treatment centers/homes. MECHANICAL VENTILATION SYSTEM A building ventilation system that uses powered fans or blowers to provide fresh air to rooms when the natural forces of air pressure and gravity are not enough to circulate air through a building. PARK/PARK FACILITY means all parks, playgrounds, recreational areas owned, leased, Ordinance XXX Page 2 of 6 operated or under the control of the town and includes all athletic fields and other similar facilities owned, leased or operated by the town. PATIO An improved and defined unenclosed outside area associated with a food service establishment or bar used for purposes of dining or entertainment. PEDESTRIAN means a person on foot or in a wheelchair. PERSON Any individual,partnership, cooperative, association, corporation or venture. PLACE OF EMPLOYMENT Any enclosed area located on the premises of a business under the control of an employer including, but not limited to, work areas, employee lounges, rest rooms, conference rooms, classrooms, employee cafeterias, and hallways. PRIVATE CLUB A building, recreational amenities or portion thereof, that are owned, leased or otherwise occupied by an organization, whether incorporated or not, exclusively for use at all times solely for the recreational, training and development, fraternal, social, patriotic, political, benevolent or athletic purpose of the organization, and at which alcoholic beverages are sold only in a manner ancillary to such operations; provided that this term only applies to an organization. (i) that is connected to a private club with associated recreational, dining, and associated golf course activities; or(ii) that is connected to a comprehensive corporate campus owned and operated by or on behalf of a single user. PUBLIC PLACE Any area in which the public is invited or permitted, including, but not limited to, businesses, educational and government facilities, health care facilities, restaurants, public transportation facilities,parks,park facilities, trails, trailheads, right of ways, and reception areas. RESTAURANT An enclosed indoor establishment that is open to the public and is devoted primarily to the sale and service of food for immediate consumption. The term includes a bar located within the establishment. SMOKING Inhaling, exhaling,burning or carrying any lighted or heated tobacco or plant product, including but not limited to cigars, cigarettes, electronic smoking devices, marijuana, or other combustible substances whose smoke is intended to be internalized. TOBACCO PRODUCT Any product that is used to internalize or consume tobacco or any product that contains any tobacco leaves, including but not limited to cigarettes, cigars,pipe tobacco, smokeless tobacco, snuff or any other form of tobacco, which may be utilized for smoking, chewing, inhalation or other manner of ingestion or absorption. TOWN The Town of Westlake and its boundaries. TRAIL A town-wide network of non-motorized, multi-use pathways that are used by bicyclists, walkers and runners for both transportation and recreation purposes. Ordinance XXX Page 3 of 6 TRAILHEAD A designated point of access that may contain a parking area, information kiosks, restrooms, water hydrants, and may be reached by vehicular or pedestrian access. VAPING The use of an electronic smoking device which creates an aerosol or vapor, in any manner, or in any form. Sec. 46-181 -Prohibition of Smoking and Vaping 1. Smoking and vaping are hereby prohibited in the Town of Westlake, including but not limited to, any outdoor patio or seating area, stand-alone bars, public places and places of employment. The prohibition set forth above shall not apply to: (a) Private clubs, as defined in this Ordinance. (b) A residential dwelling unit that is used exclusively for a residential use. (c) Restaurant bar areas that comply with the following subsections: i. Separately enclosed area, provided that said bar provides a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the restaurant building; and ii. An Air Purification System must be provided that is separate and apart from the heating/ventilation/air conditioning system for the remainder of the building; and (d) Hotel designated smoking areas that comply with the following subsections: i. Separately enclosed area, provided that said designated area provides a mechanical ventilation system that is separate and apart from the mechanical ventilation system for the remainder of the building; and ii. An Air Purification System must be provided that is separate and apart from the heating/ventilation/air conditioning system for the remainder of the building. 2. It shall be unlawful for any pedestrian to smoke, vape, use electronic cigarettes, or use any tobacco or tobacco related products within any right of way,park, park facility, trail or trailhead within the Town. Sec. 46-182 -Notice of Prohibition of Smoking and/or Vaping 1. Owners, operators and/or managers shall conspicuously post a"No Smoking" sign at the entrance(s) and in at least one (1) location inside the establishment. The sign shall include the international "No Smoking" symbol (depiction of a burning cigarette enclosed in a red circle with a red bar across it) and the words "No Smoking"or other symbol and language approved by the Town Manager or designee. Ordinance XXX Page 4 of 6 2. Businesses may seek reprieve from the posting signage requirement in this Ordinance by providing the Town with evidence sufficient to the Town that such signage is not necessary to further the purpose of the Town's smoke-free Ordinance. The Town may determine in its sole discretion whether such evidence is sufficient to warrant exempting the business from the no smoking signs requirement. 3. Failure to comply with this provision will be considered a violation of this Ordinance. Sec. 46-183 - Employers 1. Employers shall take reasonable steps to reassign or relocate an employee who makes an advanced request with reasonable notice to work in a smoke-free area. If employer cannot reassign or relocate the employee to a smoke-free area, the employer shall make reasonable accommodations to mitigate the employee's exposure to the permitted smoking area(s). 2. Employer shall not discriminate or retaliate against any employee who requests to be reassigned or relocated to a smoke-free area. Sec. 46-184 -Enforcement 1. The Town Manager, or designee may promulgate rules and regulations as may be necessary for the purpose of implementing and carrying out the provisions of this Ordinance. 2. Owners, managers, and/or operators shall inform any person smoking and/or vaping to immediately stop smoking and/or vaping and extinguish the tobacco product and/or smoking device. If the person smoking and/or vaping does not comply, the owner, manager, operator, or employer shall, if applicable, refuse service and immediately ask the person to leave the premises. Violator(s) shall be subject to penalties provided for under this ordinance. 3. Owners, managers, operators and/or employers will be considered in violation of this Ordinance if they do not attempt to enforce this Ordinance by informing their customers of the smoking prohibition and request that their customer comply with the Ordinance. Reserve Sec. 46-185 through 46-200 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 XXX Page 5 of 6 SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 on June 1, 2020. PASSED AND APPROVED ON THIS DAY OF ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance XXX Page 6 of 6 T H E T O W N O F WESTLAKE DISTINCTIVE BY DESIGN DEVELOPMENT REPORT SEPTEMBER 2019 1 ' F :F F• � I 1 I , I , I L E • 0 00 �Q MAI ST cA,gO�HyC-(.U•B•DR 2' Z SCHWAB WAY Trophy Club 11 Jgp., Roanoke 3 13 23 0 o " o PO 7i 46 45 O 4 Z F _—_—_—_Jam..,_—_---_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—_—D\PN�REgL -_—_—_—_—_—_- 07TINGER RE) 30 Hz1q n G O i pq 40 � 05 �^� 11�3�C��36 O � L� ❑�G'�❑ , q pg 0 37 0 5Hf Q O pP 0PED FIDELITY INVESTMENTS o Westlake O• OELOITTE UNIVERSITY a U "W GRANADA 0 „j 13 SOLANA 15 ^OO� 15 lQ® /7S1/ry DOVE RD � KNOLLS AT SOLANA O 51 D 19 o GLENWYCK FARMS 4)&q R�WFfls EST SHELBY ESTATES S i m 0 14 0 7 z y � DOVE RD 5 QUAIL HOLLOW Keller Southlake NORTH VPQJ��O P - all � � � � DEVELOPMENT ACTIVITIES STATUS-SEPTEMBER2019 Project / Number of Percent Estimated Project No. Development Land 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 90% Fall 2019 Phase 1 13 Granada Residential 84 84 acres 69/84 lots under construction or completed 70.24% 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 65% 2019/2020 Solana 17 Quail Hollow Residential 93 188 acres 15/96 lots under construction 8.60% 2030+ 19 Terra Bella Residential 26 55 acres 25/26 lots under construction or completed 86.54% 2021/2022 Charles Phase 2 site work under construction; buildings o 23, 72, 73 Schwab Office 616,000 30 acres proceeding vertical 30/0 2021 Phase 2 Additional square footage/remodel under o 25 Spec's Retail 1 12,000 sf 100/0 2019 construction; completed 3 DEVELOPMENT ACTIVITIES STATUS-SEPTEMBER2019 Project / Number of Percent Estimated Project No. Development Land 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- Block I has 12/12 lots currently under construction o 28 Residential Residential E: 12/14 units 4,500sf Block E has 12/14 lots currently under 4.97/o N/A 322 total construction 29, 30 Entrada Retail/Office 4 —50,000 s.f. Retail corner under construction 70% 2019/2020 Retail Corner Entrada Hospitality, Project on hold due to potential Development/ o 34 Plaza Mayor Condominium, 4 5 acres Site Plan revisions -/o N/A Retail Restaurant Row/Chapel A: 15,422 sf 43, 40, &Reception Restaurants/ 5 B/C: 22,414 Under construction 22.50% 2019/2020 , 71 Hall/Gas Entertainment sf Well Garage 51 Paigebrooke Residential 6 20 acres 5/6 lots under construction or completed 75% N/A 4 RESIDENTIAL SUBDIVISION BUILDOUT-SEPTEMBER 2019 Subdivision Development Percent Plat Date Total Lots Vacant Lots Acres Permits Issued Finals Issued Name Status Complete Carlyle Court 3/7/2016 8 0 10.2 Mostly built-out 8 5 81.25% Carpenter 12/9/1977 14 0 31.6 Built-out 14 14 100.00% Addition Entrada 12/14/2015 322 292 85.9 Under 30 5 5.90% development Glenwyck 3/13/2000 84 0 104.3 Built-out 83 83 98.81% Farms Granada 6/17/2013 84 15 84.3 Under 69 49 70.24% development Knolls at Solana - 56 56 62.5 Under 0 0 0.00% development Paigebrooke 3/8/2004 6 1 20.3 Mostly built-out 5 4 75.00% Quail Hollow 3/28/2016 93 78 188.3 Under 15 1 8.60% development Shelby Estates 4/7/1981 6 1 65.7 Mostly built-out 5 5 83.33% 5 RESIDENTIAL SUBDIVISION BUILDOUT-SEPTEMBER 2019 Subdivision Development Percent Plat Date Total Lots Vacant Lots Acres Permits Issued Finals Issued Name Status Complete Spencer Ranch - 38 38 37.8 Concept Plan 0 0 0.00% Approved Stagecoach 8/16/1971 22 3 55.5 Mostly built-out 19 19 86.36% 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 1 22.4 Mostly built-out 12 12 92.31% Other/Miscellan - 68 15 - Mostly built-out 53 52 77.21% eous Total 1,136 528 1,333.60 608 524 49.82% 6 �• Retail Corner - �. ,_ r,�, - • '�''�+' ,�:' ��' , ` S y SP I Ord 7711 2-22-16 RP I Ord 809 1 12-12-16 - w i _�. �' •- �i r n- ' F r [`� �� r°�tlC - SP I Ord 7771 03-28-16 •❑ 4 �I'� �� , � ; * '� Restaurant Row "'"'•�� Sales Office Block P sPlord 77913-za-16 - Chaoel/Reception Hall rr Gas Well Pad Site SP Ord 8534-30-18 SP I Ord 778 13-28-16 P, J" ?. ReStaJ(O�C Re5t8u.unt 77 vD unr • ��~—t. ++' _ ,� •�* Town Hall CVS Fl � RP 1 Ord 810112-12-16 SP I Ord 7621 12-14-15 Black G FP I Ord 761 12-14-15 3 y°�P� Block L Primrose Plaza Mavor o Phase 2 SP I Ord 763 112-14-15 /'� SP I Ord 8541 5-21-18 C4 'i7 ,I DP I Ord 8301 06-19-17 FP Ord 761 12-14-15 l Q9 `9 P Block H O Q. P. A' � � f t� BUILDING LEGEND Site Plan Received Block E fComillas Courtl 7�r'.' - � Site Plan Approved Block 1 Block 1(Catalonia Courtl sP lI ord 83719-11-v � + RP Res 18-10 2-26-18 � f Rummy Permit Reeei�ed SP I Ord 783 14-25-16 _ RP I Ord 791 8-22-16 cnt�e.i � I !-' t �1 t � � Building Under ConrtruRion � Blackl + �• � r Block I(Piedra Courtl � + �' �' <o t •'; Building Completed - sP I ord sal I z-z6-1s 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; 1 2019/2020 Block J unit complete Entrada Residential 14 5,000 sf avg Crescent Custom Homes Under construction; 1 2019/2020 Block E unit 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 Project on hold due to Entrada Plaza Mayor N/A N/A N/A potential Development N/A Plan and Site Plan revisions; 9 Town of Westlake's Building Permits Issued - Last Month , . , , . r , . , Month of September, 2019 VV TLA Project Number Project Type Full Address Permit Issued Date Owner Name Tenant Name Business Name Square Footage Value 1500 Solana Blvd. Commercial Bldg.No.5 Suite RMDLC-19 Remodel Permit 5500 09/05/2019 Glenstar Glenstar on Construction 22,178 $45,500.00 (C) Westlake,TX Cstru 0213 76262 1500 Solana Commercial Boulevard RMDLC-19- Remodel Permit Bldg.No.6 Suite 09/23/2019 Glenstar Core-Mark Northgate 18,127 $1,080,000.00 0222 6100 Construction(C) Westlake,TX 76262 Deloitte University 1 Deloitte Way Commercial Turner RMDLC-19- Remodel Permit 2501 Westlake 09/24/2019 DCLI,LLC Deloitte Construction 5,000 $2,300,000.00 0239 Parkway (C) Westlake,TX Company 76262 Deloitte Barn LC-19- Commercial 2 Deloitte Way DCLI,LLC Turner RMDLC 09/24/2019 MD Remodel Permit Deloitte University Construction 5,000 $5,300,000.00 Westlake, a (C) 76262 Company Commercial Remodel Permit(C) Total Value $8,725,500.00 (Avg.:$2,181,375.00) Total Square Footage 50,305.00 (Avg.: 12,576.25) MYGOV.US Town of Westlake I Building Permits Issued-Last Month Printed 10/07/2019 at 10:00 AM Page 1 of 5 10 Permits Issued: 4 1714 Post Oak PI. Calvary IRR-19-0244 (R>Irrigation Permit Westlake,TX 09/25/2019 Israel Bernal Landscape $18,000.00 76262 2217 Castilian Irrigation Permit Path Bryan McMilan Texas IRR-19 0233 (R) Westlake,TX 09/25/2019 Landsculpture $9,000.00 76262 Irrigation Permit(R) Total Value $27,000.00 (Avg.:$13,500.00) Total Square Footage 0.00 (Avg.:0.00) Permits Issued: 2 2050 Roanoke Aramark Synergy HVACC-19- Mechanical Permit Rd. 0223 (C) Westlake,TX 09/06/2019 Corporation Charles Schwab Environmental $167,648.00 Services 76262 Mechanical Permit(C) Total Value $167,648.00 (Avg.:$167,648.00) Total Square Footage 0.00 (Avg.:0.00) Permits Issued: 1 13059 Roanoke Roan Acquisitions HVACR-19- Mechanical Permit Rd. A Better Deal 0207 (R) Westlake,TX 09/04/2019 Llc Heating&Air $6,980.00 76262 2008 Wood Jeppesen HVACR-19- Mechanical Permit Thrush Ct. 09/30/2019 Christian Dean A#1 AIR $10,000.00 0243 (R) Westlake,TX 76262 MYGOV.US Town of Westlake I Building Permits Issued-Last Month Printed 10/07/2019 at 10:00 AM Page 2 of 5 11 2305 Cedar Elm Monacelli Eugene HVACR-19- Mechanical Permit Terr. Crawford Services 0218 (R) Westlake,TX 09/05/2019 C (Mechanical) $13,087.00 76262 Mechanical Permit(R) Total Value $30,067.00 (Avg.:$10,022.33) Total Square Footage 0.00 (Avg.:0.00) Permits Issued: 3 1810 Oak Glen Quail Hollow COMM-19-0226 New Commercial Ln. 09/20/2019 Development II Michael Lorant 96 $5,909.76 Building(C) Westlake,TX LLC Estate Homes 76262 New Commercial Building(C) Total Value $5,909.76 (Avg.:$5,909.76) Total Square Footage 96.00 (Avg.:96.00) Permits Issued: 1 1620 Meandering Kimberly Whitsett SFR-19-0209 New Single Family Way Dr. 09/03/2019 Peter Whitsett SCH Homes 7,820 $3,600,000.00 Home Permit(R) Westlake,TX 76262 1814 Seville Cove Michael&Lynnet SFR Home Permit(R) Westlake,TX Custom Homes-19-0212 New Single Family 09/09/2019 Asselta Larry Stewart 8,102 $1,453,000.00 76262 New Single Family Home Permit(R) Total Value $5,053,000.00 (Avg.:$2,526,500.00) Total Square Footage 15,922.00 (Avg.:7,961.00) Permits Issued: 2 MYGOV.US Town of Westlake I Building Permits Issued-Last Month Printed 10/07/2019 at 10:00 AM Page 3 of 5 12 PLMBR-19- Plumbing Permit 1501 Wills Ct.Westlake,TX 09/24/2019 Deerman Justin Cathedral $9,400.00 0240 (R) 76262 Plumbing 5920 Mahotea PLMBR-19- Plumbing Permit Boone Trl. Hagman Joseph E Burton's 0249 (R) Westlake,TX 09/24/2019 Mechanical $35,000.00 76262 Plumbing Permit(R) Total Value $44,400.00 (Avg.:$22,200.00) Total Square Footage 0.00 (Avg.:0.00) Permits Issued: 2 1613 Meandering Way Dr. Carl Smallwood POOL-19-0232 Pool Permit Westlake,TX 09/23/2019 Jeff Smallwood Claffey Pools 957 $80,000.00 76262 Pool Permit Total Value $80,000.00 (Avg.:$80,000.00) Total Square Footage 957.00 (Avg.:957.00) Permits Issued: 1 1762 Hidden Rennhack Richard ROOF-19-0250 Roof Permit Springs Ct. 09/25/2019 CLC Roofing 9,700 $30,000.00 Westlake,TX 76262 Roof Permit Total Value $30,000.00 (Avg.:$30,000.00) Total Square Footage 9,700.00 (Avg.:9,700.00) Permits Issued: 1 MYGOV.US Town of Westlake I Building Permits Issued-Last Month Printed 10/07/2019 at 10:00 AM Page 4 of 5 13 1723 Cypress WWPP-19-0227 Water Well Permit Way 09/13/2019 Scott Simmons Barco Well Service $45,000.00 Westlake,TX 76262 1718 Cypress Brad Mason WWPP-19-0231 Water Well Permit Way 09/13/2019 Simmons Estate Barco Well Service $45,000.00 Westlake,TX Homes 76262 Water Well Permit Total Value $90,000.00 (Avg.:$45,000.00) Total Square Footage 0.00 (Avg.:0.00) Permits Issued: 2 TOTALS: Square Footage: 76,980.00 (Avg.:4,051.58) Value: $14,253,524.76 (Avg.:$750,185.51) Total Projects: 19 Permits Issued: 19 MYGOV.US Town of Westlake I Building Permits Issued-Last Month I Printed 10/07/2019 at 10:00 AM Page 5 of 5 14 Town Council 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 - 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 c. 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development Town Council Item # 7 — Reconvene Council Meeting Town Council Item # 8 — Council Recap / Staff Direction COUNCIL RECAP / STAFF DIRECTION ITEMS OF COMMUNITY INTEREST: Mayor and Council Reports Town Council 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 Residents'Annual Fall Clean-Up Days Saturday, October 26 and Sunday, October 27, 2019 Westlake Maintenance Building at 2900 Dove Road (former fire station) **9:00- 11:00 am, Saturday only for any Household Hazardous Waste Drop Off; However, Bulk Waste dumpsters will be onsite Saturday AND Sunday. -Please visit our Town's dedicated webpaae with more details about our annual Fall Clean-Up Days;Proof of residency will be required so bring you driver's license, water bill, etc, with you. ✓ 12th 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-9:30 pm WA Campus; This family friendly festival features a Trunk-or-Treat(ends at 6 pm), a Cupcake Walk, carnival-style Boo Games, food from Meat U Anywhere BBQ, and a haunted house created by the senior class. Don't miss out on one of the largest(and spook/estl)gatherings of the Westlake Academy commun/tyl The House of Commons hosts Monster Mash and all proceeds support programs for Westlake Academy students and teachers! Visit WA- HOC.org/monstermash/for more information. ✓ Town Council Work Session/Meeting Monday, October 28, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 -Council Chambers ✓ Coffee&Conversation with the Mayor/WA Board President Monday, November 4, 2019; 8:00-9:30 am NEW LOCATION: Westlake Fire-EMS Station No. 1, 2000 Dove Road (NW corner of Dove& Davis Blvd.) -Al/are welcome&encouraged to join Mayor Laura Wheat at our new Westlake Fire-EMS Station No. 1 for our second 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 Mondays with the Mayor to showcase our beautiful station for residents, WA parents, and our business partners! ✓ Board of Trustees Work Session/Meeting Monday, November 4, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 -Council Chambers ✓ Westlake Academy Parent Forum Series on Vaping (Open to any Westlake resident parent/grandparent) Wednesday, November 6, 2019; 6:00-7:30 pm WA Campus-Multi-Purpose Hall (MPH) -Join us for a presentation on Vap/ng/E-Cigarette Prevention given by the Recovery Resource Council. This forum, designed for parents, will include a presentation on the dangers of vaping nicotine& THC. The presenter will provide insight into the newest trends and resources to arm parents with the knowledge to protect their students and begin healthy informed discussions at home. Questions?Contact Secondary Counselor Lisa Phil/ios ✓ Westlake Academy Danish&Dialogue w/School Leaders Thursday, November 7, 2019; 8:00 am-9:00 am WA Campus-Sam &Margaret Lee Fieldhouse Classroom -This month's topic:Growth of Westlake Academy; Questions?Contact Dr. Meche/%Bryson ✓ Planning &Zoning Work Session/Meeting Monday, November 11, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 -Council Chambers ✓ Westlake Baia; Hosted by the Westlake Academy Foundation Monday, November 11, 2019; 6:00- 11:00 pm The Vaquero Club, 2300 Vaquero Club Drive; Tickets are required -Join us for the 11 th Annual Westlake Baja at Vaquero benefiting the students and teachers of Westlake Academy. The evening's festivities will include "Mission Impossible"type golf challenges and Trackman long drive contest, helicopter ball drop, cocktails and gourmet dinner, and intimate live entertainment from four of country mus/c';top Grammy winning songwriters! Westlake Baja sponsors enjoy the full Vaquero experience...and then some!Exclusive VIP Party and all the evening Baja fun, as well as an exceptional round of golf,played at your convenience. For tickets, sponsorships&all the details, v/sit WestlakeAcademyFoundation,or baL. ✓ Westlake Academy Open Tour for Primary Grades K-5 Thursday, November 14, 2019; 3:45-4:45 pm WA Main Entrance/Office- PYP Commons Area All tours will begin in the Main Primary Years Building Commons Area at 4:00 p.m. Please arrive no ear/ier than 3:45 p.m. to allow for school dismissal to be completed Pre-registration is not necessary. Children are always welcome to attend yet must be supervised by parents while touring the campus Thank you! ✓ Free Movie Screening hosted by Westlake Academy HOC,WA Foundation &the Town of Westlake for Screenagers: The Next Chapter(Any Westlake Resident Parent, Grandparent, or Student in grades 6 or above are welcome to attend but please RSVP at link below),Thursday, November 14, 2019; 6:00-8:00 pm Harkins Movie Theatre in Southlake Town Square -Tickets are free but reservations are reauired as seating is limited,and a snack-pack voucher will also be provided!This docuf/lm/s produced and created by Dr. Delaney Ruston in her continued research on raising youth a stress-filled digital age and draws links of screen usage and mental health concerns. Dr. Ruston sets out to uncover how we understand these challenges in our current screen-filled society.And how we as parents and schools empower teens with skills to overcome mental health challenges and build emotional agility, communication savvy, and stress resilience. Questions?Contact Secondary Counselor Lisa Phillips ✓ Westlake Academy Fall Musical Production:Annie(Two performances) Saturday evening, November 16, 2019; 7-9:30 pm AND Sunday afternoon, November 17, 2019; 2-3:30 pm WA Campus-Multi-Purpose Hall (MPH); Visit West/akeAcademy, for more deta//sorema//Mr. Phi/Mue/%% Tickets can be purchased/n the school office for$10 each. ✓ Town Council Work Session/Meeting Monday, November 25, 2019* Westlake Town Hall, Solana Terrace-Bldg.7, Suite 7100 -Council Chambers ✓ Westlake Academy CLOSED for Thanksgiving Break Monday, November 25-Friday, November 29, 2019 ✓ Westlake Municipal Offices CLOSED for the Thanksgiving Holidays Thursday, November 28-Friday, November 29, 2019 -Trash&Recycling collections will be delayed one day this holiday week to Saturday,Nov.30. No collections will take place on the normal Friday service day this week. *For meeting agendas and details on WA calendar events or Municipal calendar events,please visit the Westlake Academy website or the Town of Westlake website for further assistance. Town Council 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 September 30, 2019. b. Consider approval of the minutes from the meeting on October 7, 2019. c. Consider approval of a Resolution 19-34, Authorizing the Town Manager to select a vendor for Dark Fiber Installation and to begin contract negotiations for the Dark Fiber Project. d. Consider approval of Ordinance 896, Amending or Repealing the Fee and Use Schedule. (Amending or Repealing Ordinance 424, EMS Fees) e. Consider approval of Resolution 19-35, Approving an Interlocal Agreement with Region 2. f. Consider approval of Resolution 19-36, Authorizing the Town Manager to enter into an agreement with Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program. �-�w T H E T 0 W 11 O F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING September 30, 2019 PRESENT: Mayor Pro Tern Carol Langdon and Council Members Alesa Belvedere, Greg Goble, and Rick Rennhack. ABSENT: Mayor Laura Wheat and Council Member Michael Barrett. OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Town Attorney Stan Lowry, Fire Chief Richard Whitten, Deputy Chief John Ard, Director of Planning & Development Ron Ruthven, Finance Director Debbie Piper, Director of Facilities & Public Works Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, Director of Human Resources & Administrative Services Todd Wood and Keller Police Chief Mike Wilson. Work Session 1. CALL TO ORDER Mayor Pro Tern Langdon called the meeting to order at 5:04 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Pro Tern Langdon led the Pledge of Allegiance to the United States and Texas flags. Town Council Minutes 09/30/19 Page 1 of 6 3. CITIZEN COMMENTS No one addressed the Council. 4. REVIEW OF CONSENT AGENDA ITEMS FOR THE TOWN COUNCIL REGULAR MEETING AGENDA. Mayor Pro Tern Langdon asked for an overview of item d and item g of the consent agenda regarding any budget impacts. Town Manager DeGan provided an overview of item d. Director Meyer provided an overview of item g. S. DISCUSSION ITEMS a. Presentation and discussion regarding an Economic Development Agreement with the Marriott Solana. Director Piper and Mr. Juan Calderon, General Manager Marriott Solana, provided a presentation and overview of proposed changes to the agreement. Discussion ensued regarding the incentives not being applicable to repeat businesses within 18 months, the amount of incentives received in previous years, retention rates, absorption rate with new hotels, and occupancy rates. b. Presentation and discussion regarding an annual update from Texas Student Housing. Mrs. Tracy Harrow, TSH Executive Director, provided a presentation and an annual overview. Discussion ensued regarding the maintenance and repair budget for Denton, student utilities, and meal plan for students at Cambridge. 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. Director Ruthven provided an overview of the proposed amendments. Discussion ensued regarding implementation of a 30 day review and process timeframe and the addition of a V Alternate Planning & Zoning Commissioner. Town Council Minutes 09/30/19 Page 2 of 6 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. Director Ruthven provided a presentation and overview of the item. Schwab: Temporary CO, staff ensuring tenant installation, completion of the parking garage, landscaping along Schwab Way, temporary signal poles at Trophy Lake Drive, and the continued work on Phase II. Entrada: Installation of the panels on the tower, parking garage schedule for mid-November, pedestrian bridge, landscaping installation, Starbucks tenant improvement certificate, and the construction of service road along Highway 114. Knolls: Paving of the streets and the parkland dedication. Marriott: Parking lot expansion should begin in October. Discussion ensued regarding the number of residential permits issued and providing a list of permits that may have expired in future updates. 6. 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 551.087 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 7. RECONVENE MEETING Town Council Minutes 09/30/19 Page 3of6 8. COUNCIL RECAP / STAFF DIRECTION - Provide a listing of permits showing those that may have expired and those completed. - Provide a comprehensive Legislative Update. - Collaborate with the Marriott regarding corporate partnerships and further promote the hotel. Regular Session will begin immediately following the work session 1. CALL TO ORDER Mayor Pro Tern Langdon called the regular session to order at 5:59 p.m. 2. ITEMS OF COMMUNITY INTEREST Director Awtry provided an overview of upcoming events. 3. CONSENT 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. MOTION: Council Member Rennhack made a motion to approve the consent agenda. Council Member Goble seconded the motion. The motion carried by a vote of 4-0. Town Council Minutes 09/30/19 Page 4of6 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. Director Ruthven provided an overview of the item. Mayor Pro Tern Langdon opened the public hearing. No one addressed the Council. Mayor Pro Tern Langdon closed the public hearing. MOTION: Council Member Rennhack made a motion to approve Resolution 19-31. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. S. EXECUTIVE SESSION Council convened into executive session at 6:11 p.m. 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 Mayor Pro Tern Langdon reconvened the meeting at 7:43 p.m. Town Council Minutes 09/30/19 Page 5 of 6 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. No action taken. S. FUTURE AGENDA ITEMS Use of public (rentable) scooters and bicycles within the Town limits. — Mayor Wheat Town Manager DeGan provided an overview of the future agenda item requested by Mayor Wheat. Discussion ensued regarding the regulation rental scooters and bicycles. Council Member Rennhack seconded Mayor Wheat's request. 9. ADJOURNMENT There being no further business before the Council, Mayor Pro Tern Langdon asked for a motion to adjourn the meeting. MOTION: Council Member Goble made a motion to adjourn the meeting. Council Member Belvedere seconded the motion. The motion carried by a vote of 4-0. Mayor Pro Tern Langdon adjourned the meeting at 7:47 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 28, 2019. ATTEST: Carol K. Langdon, Mayor Pro Tern Kelly Edwards, Town Secretary Town Council Minutes 09/30/19 Page 6of6 �-�w T H E T 0 W 11 O F WESTLAKE MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING October 7, 2019 PRESENT: Mayor Pro Tern Carol Langdon and Council Members Alesa Belvedere, Greg Goble, and Rick Rennhack. ABSENT: Mayor Laura Wheat and Council Member Michael Barrett. OTHERS PRESENT: Town Manager Amanda DeGan, Deputy Town Manager Noah Simon, Assistant Town Manager Jarrod Greenwood, Town Secretary Kelly Edwards, Director of Planning & Development Ron Ruthven, Director of Facilities & Public Works Troy Meyer, Director of Communications Ginger Awtry, Director of Information Technology Jason Power, and Communications Manager Jon Sasser. Regular Session 1. CALL TO ORDER Mayor Pro Tern Langdon called the meeting to order at 6:19 p.m. 2. PLEDGE OF ALLEGIANCE The pledges were conducted at the beginning of the Board of Trustee meeting. 3. CITIZEN COMMENTS No one addressed the Council. Town Council Minutes 10/07/19 Page 1 of 3 Mayor Pro Tern Langdon moved to item 5 of the agenda. 4. DISCUSSION AND CONSIDERATION OF RESOLUTION 19-32, APPROVING A DEVELOPERS AGREEMENT WITH WATERSIDE LAND COMPANY LLC, REGARDING PLANNED DEVELOPMENT PD-7, KNOWN AS SPENCER RANCH. Assistant Town Manager Greenwood provided an overview of the item. MOTION: Council Member Rennhack made a motion to approve Resolution 19-32. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. Mayor Pro Tern Langdon moved to item 7 of the agenda. S. EXECUTIVE SESSION The Council convened into executive session at 6:24 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: - 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 6. RECONVENE MEETING Mayor Pro Tern Langdon reconvened the meeting at 6:49 p.m. Mayor Pro Tern Langdon moved back to item 4 of the agenda. Town Council Minutes 10/07/19 Page 2of3 7. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. MOTION: Council Member Rennhack made a motion to approve Resolution 19-33. Council Member Belvedere seconded the motion. The motion carried by a vote of 3-0. 8. ADJOURNMENT There being no further business before the Council, Mayor Pro Tern Langdon asked for a motion to adjourn the meeting. MOTION: Council Member Belvedere made a motion to adjourn the meeting. Council Member Rennhack seconded the motion. The motion carried by a vote of 3-0. Mayor Pro Tern Langdon adjourned the meeting at 6:50 p.m. APPROVED BY THE TOWN COUNCIL ON OCTOBER 28, 2019. ATTEST: Carol K. Langdon, Mayor Pro Tern Kelly Edwards, Town Secretary Town Council Minutes 10/07/19 Page 3 of 3 Westlake Town Council TYPE OF ACTION T x E T o w n o f WESTLAKE Regular Meeting - Consent DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Consideration of a Resolution authorizing the Town Manager to enter into negotiations with a qualified Dedicated Internet Access Vendor, to provide Dark Fiber at four(4) designated Node locations utilizing the Town duct bank. The contract will include, but not be limited to: design specifications, implementation plan, and a pre- and post-implementation support plan. STAFF CONTACT: Jason Power, Director of Information Technology Strategic Alignment VisioniPerspectiveemeOutcome Obiective Mission:Westlake is a unique community blending preservation of our natural Exemplary Service&Governance environment and -We set the standard by delivering Improve Technology, viewscapes,while serving People,Facilities, & unparalleled municipal and Facilities& our residents and businesess Technology educational services at the lowest Equipment with superior municipal and academic services that are cost. accessible,efficient,cost- effective,&transparent. Time Line- Start Date: October 29, 2019 Completion Date: TBD Funding Amount: $300,000 Status - N/A Source-Capital Projects Fund Contract: No Forms: Forms 1295 &2270 EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town currently utilizes a variety of methods to connect our buildings and offices. For reasons of reliability and standardization, the Town wishes to create a redundant fiber network between the buildings and offices utilizing the Town duct bank. A new Dark Fiber based Page 1 of 2 infrastructure will allow the Town to expand its Wide Area Network(WAN)with a common and stable infrastructure. The specific Node locations are: Westlake Academy, the Maintenance and Storage Facility, Fire EMS Station No. 1, and Westlake Town Hall. The Town Council approved Capital Funds for this project FY2018-2019 and work began in May 2019. Staff worked with a consultant to determine possible options and create a Request for Proposal (RFP) for the project. The RFP for the project was published in the September 7th and 8d', 2019, edition of the Star- Telegram. Staff received two proposals on October 3rd from the following companies: 1. FiberLight, LLC 2. Zayo Group, LLC Staff will recommend a vendor for the project on October 28, 2019. The next step will be to engage the vendor in contract negotiations to establish terms and agreements for the project. The contract will then be presented to the Town Council for approval in November 2019. RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-34 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO NEGOTIATIONS WITH A DEDICATED INTERNET ACCESS VENDOR TO ESTABLISH TERMS AND AGREEMENTS FOR THE DARK FIBER PROJECT WHEREAS, the Town currently uses a variety of internet services to connect our multiple municipal and academic locations; and, WHEREAS, the Town wishes to create a redundant fiber network between the buildings and offices utilizing the Town duct bank for reasons of reliability and standardization; and, WHEREAS, a new Dark Fiber based infrastructure will allow the Town to expand its Wide Area Network(WAN) with a common and stable infrastructure; and WHEREAS, the Town Council previously approved Capital Funds for a Dark Fiber project; 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 hereby authorize the Town Manager to enter into negotiation with a Dedicated Internet Access vendor to establish terms and agreements on behalf of the Town of Westlake. 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. Resolution 19-34 Page 1 of 2 PASSED AND APPROVED ON THIS 28T" DAY OF OCTOBER 2019. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary APPROVED AS TO FORM: Stan Lowry, Town Attorney Resolution 19-34 Page 2 of 2 Westlake Town Council TYPE OF ACTION T x E T o w n O F WESTLAKE Regular Meeting - Consent DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Consider an ordinance amending Chapter 2 "Administration" amending the Fee and Use schedule and repealing Ordinance 864 to create a new fee schedule for the Town of Westlake. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment Vision,Value,Mission g. 0bLective 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 community that is distinguished by &Quality of Life with superior municipal and exemplary design standards. academic services that are accessible,efficient,cost- effective,&transparent. Strate2ic Initiative Comprehensive Plan Project Review Time Line- Start Date: October 28, 2019 Completion Date: October 28, 2019 EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Every fiscal year, the Town of Westlake will reevaluate the fee schedule for building permits, development fees, and other miscellaneous fees. As the Town Council may recall,the most recent comprehensive update for the fee schedule was adopted on September 24, 2018 under Ordinance 864. Page 1 of 2 Noticeable changes from the previous fee schedule are listed below: • Increase to residential building permit fees; • Restructure of construction trade fees; • Restructure of sign permit fees; • Increase and restructure of planning, zoning, and subdivision fees; • Increase and restructure of engineering plan review fees; • Addition of facilities and parks and recreation fees; • Amendment to Ambulance and EMS fees; • Addition of a refund policy; • Example calculations for residential and commercial permits; RECOMMENDATION Staff recommends approval of this item. ATTACHMENTS Fee Schedule Benchmarks Ordinance 896 Amending the Fees and Use Schedule Page 2 of 2 Residential 18,500SF 1 $1,500,000 Value FEE TYPE ROANOKE • Residential Permit Fees $ 13,600.00 $ 15,300.00 $ 15,300.00 0 $ - 0.00% $ 7,433.75 $ 6,850.00 $ 4,656.20 $ 7,433.75 $ 6,593.43 132.05% Residential Inspection $ 2,448.00 $ 3,825.00 $ 4,590.00 AL $ 765.00 20.00% $ - $ - $ - $ - $ - #DIV/01 Residential Plan Review $ 2,448.00 $ 3,825.00 $ 4,590.00 AL $ 765.00 20.00% $ 4,831.94 $ $ $ - $ 4,831.94 -5.01% Fire Review/Inspection $ 275.00 $ 375.00 $ 400.00 $ 25.00 6.67% $ - $ $ $ 7,433.75 $ 7,433.75 -94.62% Total $ 18,771.00 $ 23,325.00 $ 24,880.00 $ 1,555.00 6.67% $ 12,265.69 $ 6,850.00 $ 4,656.20 $ 14,867.50 $ 18,859.11 New Commercial 150,000SF $45,000,000 Value FEE T 1 '•' • • 1 Commercial Permit Fees $ 302,430.80 $ 332,361.00 $ 332,361.00 0 $ 0.00% $ 166,208.75 $ 302,430.80 $ 157,230.00 $ 166,208.75 $ 198,019.58 67.84% Commercial Plan Review $ 196,580.02 $ 216,034.65 $ 216,034.65 0 $ 0.00% $ 108,035.69 $ - $ 55,030.50 $ 108,035.69 $ 90,367.29 139.06% Commercial Inspection $ 43,200.00 $ 67,500.00 $ 67,500.00 0 $ 0.00% $ - $ $ - $ - $ - #DIV/0! Fire Review/Inspection $ 2,200.00 $ 26,000.00 $ 26,000.00 - $ 0.00% $ - $ $ - $ 274,244.44 $ 274,244.44 -90.52% Total $ 544,410.82 $ 641,895.65 $ 641,895.65 - $ 0.00% $ 274,244.44 $ 302,430.80 $ 212,260.50 $ 548,488.88 $ 562,632.30 Commercial Remodel 19,000SF 1 $900,000 Value ww-FEE TYPE •IFFERENCE %DIFF ROANOKE SOUTHU� Commercial Permit Fees $ 11,010.00 $ 12,241.00 $ 12,241.00 0 $ 0.00% $ 5,133.75 $ 11,010.00 $ 11,010.00 $ 5,133.75 $ 8,071.88 51.65% Commercial Plan Review $ 7,156.50 $ 7,956.65 $ 7,956.65 0 $ 0.00% $ 3,336.94 $ - $ 3,853.50 $ 3,336.94 $ 3,509.13 126.74% Commercial Inspection $ 2,592.00 $ 4,050.00 $ 4,050.00 0 $ 0.00% $ - $ $ - $ - $ - #DIV/0! Fire Review/Inspection $ 275.00 $ 500.00 $ 500.00 0 $ 0.00% $ - $ $ - $ 8,470.69 $ 8,470.69 -94.10% Total $ 21,033.50 $ 24,747.65 $ 24,747.65 - $ 0.00% $ 8,470.69 $ 11,010.00 $ 14,863.50 $ 16,941.38 $ 20,052.69 Zoning and Subdivisions 100-acre site or 100-lots FEE TYPE map • •' Preliminary Site Evaluation $ 10,800.00 $ 12,000.00 $ 20,000.00 $ 8,000.00 66.67% $ 1,300.00 $ 2,305.00 $ 1,900.00 $ 2,300.00 $ 1,951.25 924.98% Concept Plan $ 10,800.00 $ 12,000.00 $ 30,000.00 $ 18,000.00 150.00% $ - $ 1,200.00 $ 200.00 $ - $ 700.00 4185.71% Development Plan $ 10,800.00 $ 12,000.00 $ 30,000.00 AL $ 18,000.00 150.00% $ - $ 1,200.00 $ - $ - $ 1,200.00 2400.00% Site Plan $ 10,800.00 $ 12,000.00 $ 20,000.00 & $ 8,000.00 66.67% $ 400.00 $ 1,305.00 $ 2,000.00 $ 1,300.00 $ 1,251.25 1498.40% Zoning Request $ 10,800.00 $ 12,000.00 $ 40,000.00 AL $ 28,000.00 233.33% $ 1,250.00 $ 1,205.00 $ 1,800.00 $ 1,350.00 $ 1,401.25 2754.59% Final Plat $ 9,900.00 $ 11,000.00 $ 17,200.00 $ 6,200.00 56.36% $ 1,300.00 $ 3,405.00 $ 1,900.00 $ 2,300.00 $ 2,226.25 672.60% Minor Plat $ 9,900.00 $ 11,000.00 $ 11,000.00 0 $ - 0.00% $ 1,250.00 $ 255.00 $ - $ - $ 752.50 1361.79% Replat $ 9,900.00 $ 11,000.00 $ 15,200.00 AL $ 4,200.00 38.18% $ 1,250.00 $ 3,405.00 $ 1,800.00 $ 2,400.00 $ 2,213.75 586.62% Amended Plat $ 9,900.00 $ 11,000.00 $ 11,000.00 0 $ - 0.00% $ 1,250.00 $ 2,305.00 $ 1,750.00 $ 2,300.00 $ 1,901.25 478.57% TOWN OF WESTLAKE ORDINANCE NO. 896 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 2 TITLED "ADMINISTRATION" BY AMENDING SECTION 2-221 AND REPEALING ORDINANCE 864 ADOPTING THE TOWN OF WESTLAKE FEE SCHEDULE BY ADOPTING A NEW FEE SCHEDULE; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS,the Town Council adopted the most current fee schedule for the Town of Westlake on August 28, 2017 under Ordinance 832; and WHEREAS,Ordinance 832 repealed and replaced all previous development fees of the Town of Westlake into one consolidated schedule; and WHEREAS, Ordinance 864 repealed Ordinance 832 and replaced all previous development fees of the Town of Westlake; and WHEREAS,upon the recommendation of the Town Council of the Town of Westlake, Texas, it is of the opinion that it is in the best interests of the town and its citizens that the amendments to Chapter 2 "Administration" should be approved and adopted by Ordinance. 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 2, "Administration" Article 6 "Finance" Division 2 "Fees and Use Schedule", amending Sec. 2-221. - Schedule of fees and charges. The fees and use charges authorized by this Code, and any ordinances approved by the town council whether codified or not, shall be contained within a fees and use schedule attached as Exhibit "A"that shall be approved by the town council of the town by ordinance. Copies of the approved fees and use schedule shall be maintained as a public record in the office of the town secretary and will be available for public inspection and copying during regular business hours. Ordinance 896 Page 1 of 2 SECTION 3: That all provisions of Chapter 2 not hereby amended shall remain in full force and effect. SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 5: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase,sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 28TH DAY OF OCOTBER 2019. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 896 Page 2 of 2 TOWN OF WESTLAKE Town of Westlake October 28, 2019 www.westlake-tx.org Table . Table of Contents Tableof Contents...............................................................................................................................................................1 BuildingInspection Services ...........................................................................................................................................3 A. Contractor Registration......................................................................................................................................................3 B. Residential Building Permits.............................................................................................................................................4 B-1. New Single Family Residential................................................................................................................................4 B-2. Residential Additions and Accessory Structures.............................................................................................4 B-3. Residential Remodel...................................................................................................................................................4 C. Nonresidential Building Permits......................................................................................................................................5 C-1. Nonresidential Permit Fee ........................................................................................................................................5 C-2. Nonresidential Fire Review/ Inspection Fee......................................................................................................6 C-3. New Nonresidential Building...................................................................................................................................6 C-4. Nonresidential Remodel, Repair &Alterations..................................................................................................7 C-5. Nonresidential Whitebox..........................................................................................................................................7 D. New Construction Trade Fees .........................................................................................................................................8 E. Single Trade Permits...........................................................................................................................................................8 F. Residential Foundation Repair........................................................................................................................................9 G. Tree Removal and Mitigation...........................................................................................................................................9 H. Sign Permits............................................................................................................................................................................9 I. Additional Permits..............................................................................................................................................................10 J. Miscellaneous Fees............................................................................................................................................................10 K. Miscellaneous Inspection Fees.......................................................................................................................................11 L. Certificate of Occupancy..................................................................................................................................................11 Planningand Zoning...................................................................................................................................................... 12 A. Subdivisions..........................................................................................................................................................................12 B. Zoning and Specific Use Permits..................................................................................................................................13 C. Concept Plans, Development Plans & Site Plans....................................................................................................14 D. Miscellaneous Planning....................................................................................................................................................15 PublicWorks & Engineering......................................................................................................................................... 16 A. Backflow Services ..............................................................................................................................................................16 B. Construction Plans.............................................................................................................................................................16 C. Construction Inspections..................................................................................................................................................17 1 Table of D. Right of Way Management (Small Cell Network Nodes)....................................................................................18 E. Easements.............................................................................................................................................................................18 F. ROW Construction.............................................................................................................................................................18 G. Floodplain Development..................................................................................................................................................19 H. Investigation Fees...............................................................................................................................................................19 I. Miscellaneous Public Works Fees.................................................................................................................................19 Facilities and Parks and Recreation ..........................................................................................................................20 A. Facility Rental.......................................................................................................................................................................20 B. Westlake IOOF Cemetery................................................................................................................................................20 Fire-EMS Services............................................................................................................................................................21 GasWell &Oil Fees........................................................................................................................................................24 A. Gas Well Pad Site Permit and Fees.............................................................................................................................24 B. Gas Well Permits and Fees.............................................................................................................................................24 C. Pipeline Related Permits and Fees...............................................................................................................................25 AdministrativeServices.................................................................................................................................................26 A. Non-Sufficient Funds & Return Charges....................................................................................................................26 B. Solicitation &Vendor Permits.........................................................................................................................................26 C. Special Events......................................................................................................................................................................26 RefundPolicy...................................................................................................................................................................27 ExampleCalculations.....................................................................................................................................................28 A. How to Calculate Single Family Residence Submittal..........................................................................................28 A-1. 5,200 sq. ft....................................................................................................................................................................28 B. How to Calculate A New Nonresidential Submittal ..............................................................................................29 B-1. 10,000 sf. ft. 1 $5,000,000 valuation 1 1 acre...................................................................................................29 Endof Fee Schedule.......................................................................................................................................................30 2 Building Inspection Services Building Inspection Services • The review fee is collected at the time of submittal and is non-refundable unless the fee is collected in error by the Town of Westlake • The permit fee is collected at the time of permit issuance for building permits and trade permits • Additional fees listed are collected at the time of issuance A. Contractor Registration • No person shall perform any work or supply any materials without first having registered with the Town of Westlake Contractor Type 1-Year Registrations 2-Year Registrations General Contractor N/A $250.00 Backf low Tester $125.00 N/A Construction Waste No fee N/A Electrician N/A No fee Irrigator N/A $250.00 Mechanic N/A $250.00 Plumber N/A No fee Pool N/A $250.00 Roofing $125.00 N/A ROW $125.00 N/A Signage $125.00 N/A Subdivision General Contractor $125.00 N/A Subdivision Utility Contractor $125.00 N/A Subdivision Paving Contractor $125.00 N/A Well (Water & Gas) $125.00 N/A 3 Building InspectionB. Residential Building Permits • The review fee is collected at the time of submittal and is non-refundable unless the fee is collected in error by the Town of Westlake B-1. New Single Family Residential Residential Permit Fee $1.80/sq. ft. Residential Plan $0.54/sq. ft. Review Fee Residential Building Inspection Fee $0.54/sq. ft. Public Works Inspection Fee $350.00 Residential Fire Inspection Fee $400.00 Grading / Excavation Fee $600.00 Erosion Control Fee $1,500.00 Duct Bank Fee $3,100.00 Mechanical Fees See Table D Electrical Fees See Table D Plumbing Fees See Table D B-2. Residential Additions and Accessory Structures Residential Permit Fee $1.80/sq. ft. Residential Plan $0.54/sq. ft. Review Fee Residential Building Inspection Fee $0.54/sq. ft. Residential Fire Inspection Fee $400.00 Mechanical Fees See Table D Electrical Fees See Table D Plumbing Fees See Table D B-3. Residential Remodel Residential Permit Fee $1.80/sq. ft. (maximum $500) Residential Plan $0.54/sq. ft. Review Fee (maximum $250) Residential Building Inspection Fee $0.54/sq. ft. (maximum $250) 4 Building InspectionC. Nonresidential Building Permits • The review fee is collected at the time of submittal and is non-refundable unless the fee is collected in error by the Town of Westlake. • The declared valuation shall include the fair market value of the proposed improvements, including the architectural, structural, electrical, plumbing, mechanical work, paving, parking, drive approach, and the contractor's profit. The building official may require the applicant to verify the declared value. • The building official may also use the data provided in the most current building valuation table published by the International Code Council to determine building valuation for permit fee purposes. CA Nonresidential Permit Fee • Used to calculate the base permit fee (additional charges apply below) Total Valuation Fee <_ $1,000 $150.00 <_ $5,000 $150.00 per additional $100 over$1,000 $7.25 <_ $25,000 $440.00 per additional $1,000 over $5,000 $31.10 <_ $50,000 $1,062.00 per additional $1,000 over $25,000 $23.75 <_ $100,000 $1,656.00 per additional $1,000 over $50,000 $16.50 <_ $500,000 $2,481.00 per additional $1,000 over $100,000 $13.20 <_ $1,000,000 $7,761.00 per additional $1,000 over $500,000 $11.20 > $1,000,000 $13,361.00 per additional $1,000 over $1,000,000 $7.25 5 Building Inspection C-2. Nonresidential Fire Review / Inspection Fee Square Feet Fee <_ 10,000 sq. ft. $500.00 <_ 100,000 sq. ft. $500.00 per sq.ft. over 10,000 $0.20 <_ 300,000 sq. ft. $18,500.00 per sq. ft. over 100,000 $0.15 <_ 500,000 sq. ft. $48,500.00 per sq. ft. over 300,000 $0.10 > 500,000 sq. ft. $68,500.00 per sq. ft. over 500,000 $0.05 C-3. New Nonresidential Building • Includes core building, shell buildings, and condominiums Nonresidential Permit Fee See Table C-1 Nonresidential Plan Review Fee Nonresidential Permit Fee x 65% Nonresidential Structural Plan Review Fee Actual Cost Incurred + 10% Administrative Costs Nonresidential Inspection Fee $0.54/sq.ft. Nonresidential Fire Review/ Inspection Fee See Table C-2 Public Works Inspection Fee $350.00 Duct Bank Fee $3,100.00 Erosion Control Fee $1,500.00 Grading / Excavation Fee $600.00 + $100.00/acre Mechanical Fees See Table D Electrical Fees See Table D Plumbing Fees See Table D Energy Compliance See Table D 6 Building Inspection C-4. Nonresidential Remodel, Repair & Alterations • Includes Accessory Structures, Additions and Tenant Finish-Outs Nonresidential Permit Fee See Table C-1 Nonresidential Plan Review Fee Nonresidential Permit Fee x 65% Nonresidential Inspection Fee $0.54/sq. ft. Nonresidential Fire Review/ See Table C-2 Inspection Fee Mechanical Fees See Table D Electrical Fees See Table D Plumbing Fees See Table D Energy Compliance See Table D C-5. Nonresidential Whitebox Nonresidential Permit Fee See Table C-1 with $1,000 maximum Nonresidential Plan Review Fee Nonresidential Permit Fee x 65% (maximum $500) Nonresidential Inspection Fee $0.54/sq. ft. (maximum $500) 7 Building Inspection D. New Construction Trade Fees • Energy compliance only applies to nonresidential permits Square Feet Mechanical Electrical Plumbing Energy <_ 5,000 square feet $300.00 $300.00 $300.00 $60.00 <_ 10,000 square feet $500.00 $500.00 $500.00 $100.00 <_ 25,000 square feet $800.00 $800.00 $800.00 $160.00 <_ 50,000 square feet $1,000.00 $1,000.00 $1,000.00 $200.00 <_ 100,000 square feet $1,500.00 $1,500.00 $1,500.00 $300.00 > 100,000 square feet $2,000.00 $2,000.00 $2,000.00 $400.00 per additional sq. ft. over 100,000 $0.0010 $0.0010 $0.0010 $0.00 E. Single Trade Permits • Applies to small trade permits not categorized as new construction • Includes, but not limited to, items such as water heaters, A/C repair, outdoor lighting, meter releases, etc.... Mechanical 1% of valuation with $250 min Electrical 1% of valuation with $250 min Plumbing 1% of valuation with $250 min Roofing / Re-roofing 1% of valuation with $250 min 8 Building Inspection F. Residential Foundation Repair Square Feet Fee <_ 5,000 square feet $300.00 <_ 10,000 square feet $400.00 > 10,000 square feet $500.00 G. Tree Removal and Mitigation Tree Mitigation $100.00/caliper inch Tree Removal Application $125.00 Tree Removal Inspection $125.00 H. Sign Permits • Fees are calculated per the number of signs requested in an application • Signs installed without prior permit issuance will be assessed twice the permit fee required Sign Type Fee Monument Signs/Ground-based signs 1% of valuation with $200 min Nonresidential Signs - other than ground-based signs 1% of valuation with $200 min Temporary Business Signs $150.00 Temporary Real Estate Sign $100.00 Temporary Signage not identified that requires permit $50.00 Temporary Special Event Sign No fee Wayfinding Signs $100.00 9 Building Inspection Services I. Additional Permits Access Control $200.00 Moving (any $450.00 plus all direct building on any and indirect costs Antenna $400.00 Town street) incurred by the Town Demolition $250 residential Pool /Spa 1% of valuation $550 nonresidential with $2,000 min $200 without Drainage ROW Construction Drive Approach / required (excluding See Public Works Sidewalk/Curb Cut $500 with Drainage franchised utilities) required Sales/ Leasing Grading / $600 residential Trailer See Specific Use Permit Excavating $600 + $100/acre Solar Panels 1% of valuation nonresidential with $250 min Fences/ Retaining 1% valuation Temporary Batch See Specific Use Permit Walls With $250 min Plant Floodplain Temporary Development See Public Works Construction See Specific Use Permit Fountain /Water Off-Site Trailer Feature/ Fire Temporary Feature $300.00 Construction $250.00 (24" or less in On-Site Trailer depth) Temporary Irrigation /Sprinkler $300.00 Electrical Pole $75.00 Miscellaneous 1% of valuation Water Well $1,000.00 Permits with $250 min J. Miscellaneous Fees Work Without a Permit $500.00 or double the original permit required Expired Permit Extension $1,000.00 Re-stamp Fee $60.00 Violation of Permit Conditions, Restriction Limits, $250.00 Times and Location Property Maintenance Fee $250.00 Landscape/Architectural Review Fee $1,000.00 Outdoor Lighting Compliance Review Fee $1,000.00 10 Building Inspection K. Miscellaneous Inspection Fees • For any required inspection (plumbing rough, framing, etc.) a reinspection fee will be assessed after the third failed inspection and every failure thereafter • No inspections will be performed until all reinspection fees are paid Building Inspection Fee $0.54/sq. ft. After Hours Inspections $150 per hour, two-hour minimum Reinspection Fee $200 after third inspection Work Covered Prior to Required Inspection $350.00 Additional Inspections not Identified $300.00 L. Certificate of Occupancy • Certificates of Occupancy only apply to nonresidential uses • Temporary Certificates of Occupancy are renewed and assessed every 30 days • Certificates of Occupancy include, but are not limited to, New Tenants, Change of Name or Use or Owners • If a Certificate of Occupancy is lost, a Duplicate Certificate of Occupancy charge may be assessed • An inspection fee is charged where an inspection may be required before issuance of a CO by the Building Official Certificate of Occupancy $250.00 Temporary Certificate of Occupancy $150.00 Duplicate Certificate of Occupancy $150.00 Certificate of Occupancy Inspection $100.00 11 Planning • • Zoning Planning and Zoning • Application fees are non-refundable unless the Town Planner determines that a payment was collected in error A. Subdivisions • A completeness check of $400 may apply Preliminary Site Evaluation Total All subdivisions $10,000.00 + $100.00/acre Final Subdivision Plat All subdivisions $7,200.00 + $100.00 /acre Replat Non-residential $5,200.00 + $100.00 /acre Residential $5,200.00 + $100.00 /lot Amended Plat Non-residential $1,000.00 + $100.00/acre Residential $1,000.00 + $100.00/lot Minor Plat Non-residential $1,000.00 + $100.00/acre Residential $1,000.00 + $100.00/lot Plat Vacation All subdivisions $4,600.00 + $100.00/acre 12 Planning • • Zoning B. Zoning and Specific Use Permits • A completeness check of $400 may apply Zoning Change Total Amendment < 1 acre $1,000.00 $500.00 < 2 acres $2,000.00 $1,000.00 < 5 acres $5,000.00 $2,500.00 < 10 acres $7,500.00 $3,750.00 < 25 acres $10,000.00 $5,000.00 < 50 acres $20,000.00 $10,000.00 s 100 acres $40,000.00 $20,000.00 > 100 acres $40,000.00 $20,000.00 + per acre over 150 acres $100.00 $50.00 Specific Use Permit Total Amendment < 1 acre $500.00 $250.00 < 2 acres $1,000.00 $500.00 < 5 acres $1,500.00 $750.00 <_ 10 acres $2,000.00 $1,000.00 > 10 acres $2,500.00 $1,250.00 13 Planning • • Zoning C. Concept Plans, Development Plans & Site Plans • A completeness check of $400 may apply • Where an applicant exceeds two review cycles 10% of the original amount assessed for the application may be charged Concept Plan Total Amendment < 10 acres $6,000.00 $3,000.00 < 25 acres $15,000.00 $7,500.00 < 50 acres $24,000.00 $12,000.00 <_ 100 acres $30,000.00 $15,000.00 > 100 acres $30,000.00 $15,000.00 + per acre over 100 acres $100.00 $50.00 Development Plan Total Amendment < 10 acres $6,000.00 $3,000.00 < 25 acres $15,000.00 $7,500.00 < 50 acres $24,000.00 $12,000.00 s 100 acres $30,000.00 $15,000.00 > 100 acres $30,000.00 $15,000.00 + per acre over 100 acres $100.00 $50.00 Site Plan Total Amendment < 1 acre $5,000.00 $2,500.00 < 2 acres $6,100.00 $3,050.00 < 5 acres $7,500.00 $3,750.00 <_ 10 acres $10,000.00 $5,000.00 > 10 acres $10,000.00 $5,000.00 + per acre over 10 acres $100.00 $50.00 14 Planning • • Zoning D. Miscellaneous Planning Address Change $100.00 Architectural Review Fee See Site Plan Amendment to Code of Ordinances $1,000.00 Amendment to Comprehensive Plan See Concept Plan Amendment Any request not specifically listed that requires $500.00 legislative approval Appeal of Administrative Decision $110 + $5 for each property owner listed on the public hearing notice Completeness Check $400.00 Comprehensive Sign Package See Site Plan Consultants for inspections or plan review utilized Cost Incurred + 10% Admin Costs for specific specialized projects Development Agreement Processing $2,000.00 Special District Creation Per Development Agreement/ Economic (overlay, PID, MUD, TIF, TRZ, etc.) Development Agreement Landscaping Plan Review See Site Plan Outdoor Lighting Plan Review See Site Plan Park Land Dedication Per Development Agreement Public Art Per Development Agreement Street Name Change $1,000.00 + cost of new street signage Subdivision Name Change See Amended Plat Traffic Impact Analysis Review Cost Incurred + 10% Admin Costs Variance Request $1,000.00 Zoning Verification Letter $100.00 15 Public • i Engineering Public Works & Engineering • Application fees are non-refundable unless the Town Planner determines that a payment was collected in error A. Backflow Services • Backflow testers must register annually at https://www.sctrackingsolutions.com/system/login.asl2 Backflow Tester Registration $125.00 Assembly Registration $25.00 Customer Service Inspection $125.00 Customer Service Reinspection $125.00 B. Construction Plans • Construction Plans include, but not limited to, engineered plans such as grading, drainage, water, sewer, and right-of-way improvements • The application fee is due at time of submittal • Plan review fees and model analysis fees are due at the pre-construction meeting or before a notice to proceed • Inspection fees for construction are found in Table E of this section • Where a TxDOT Permit is required additional review fees may apply Construction Plans Application See Development Plan First Plan Review $1,000 + $150/sheet Additional Review (more than 3) $750 + $100/sheet Water Model Analysis $1,000 Wastewater Model Analysis $1,000 TxDOT Permit Review $500.00 16 Public Worksi Engineering C. Construction Inspections • The inspection fee will be six percent (construction inspection fee (3%) + administrative processing fee (3%)) of certified construction costs of the land development (including, but not limited to, public and private improvements such as streets and roads, drainage, parking lots, fire water systems, walls, fences, site grading, water features, parks, open space corridors, required landscaping, irrigation, sidewalks, trails, etc., but not including building construction) for subdivisions or re- subdivision. Estimated Inspection fees are to be paid prior to permitting and/or commencement of work on the proposed improvements and the balance based upon certified construction costs prior to acceptance of improvements or issuance of building permits. The construction inspection fee is in addition to any other fees listed herein. • Construction inspection fees are due before acceptance of public infrastructure • Construction inspection overtime is a two-hour minimum for weekdays and four-hour minimum for weekends and holidays. Inspections must be requested by noon the Wednesday before. Construction Inspection 3% of certified construction costs + Administrative Processing 3% of certified construction costs Construction Inspection Overtime $150 per hour, two-hour minimum Reinspection Fee $200 after third inspection Work Covered Prior to Required $350.00 Inspection Additional Inspections not Identified $300.00 Public Works Inspection Fee $350.00 17 Public Worksi Engineering D. Right of Way Management (Small Cell Network Nodes) • Where a permit is not required under Chapter 79 of the Code of Ordinances, they provider is required to notify the Town a minimum of 24 hours in advance of beginning work. • If the provider's worker requires excavation or closing of sidewalks or vehicular lanes within the public ROW, then the provider must also obtain a ROW construction permit Network Node Application Total First Application (up to five locations) $500.00 Subsequent Application (excess of five locations) $250.00 Support Pole Application Total Network Node Support Pole $1,000.00 each Annual Registration Total Annual Node Registration $250.00 per node site Annual Pole Registration $250.00 per node site Right of Way Use $28 per node site per month E. Easements Easement/ ROW Abandonment $1,000 + $2/linear foot Easement/ ROW Encroachment $1,000 + $2/linear foot F. ROW Construction • ROW Construction permits excludes franchised utilities. Franchise utilities are subject to 7 Right of Way Management. • The application and plan review fee are due at time of submittal • The permit fees are due at the time of permit issuance • Where a TxDOT Permit is required additional review fees may apply ROW Application & Plan Review $400.00 ROW Permit $600.00 + $2/linear feet of construction TxDOT Permit Review $500.00 18 Public • i Engineering G. Floodplain Development • The application and plan review fee are due at time of submittal • The permit fees are due at the time of permit issuance in addition to additional fees listed below where their review is required Application / Plan Review Fee $500.00 Floodplain Permit Fee $1,000.00 Flood Study Analysis $3,000.00 CLOMR $2,700.00 LOMR (Following CLOMR) $1,000.00 LOMR (Without CLOMR) $2,700.00 Erosion Hazard Zone $500.00 Grading and Drainage See Table H. Investigation Fees Work Without a Permit $500.00 Violation of Permit Conditions, Restriction Limits, and Times and Location on $250.00 ROW Permit Failure to Correct Deficiency $500.00 I. Miscellaneous Public Works Fees Residential Grading $600.00 Nonresidential Grading $600 plus $100/acre Erosion Control Inspection $1,500.00 Ductbank Connection $3,100.00 19 Facilities and Parks and Recreation Facilities and Parks and Recreation A. Facility Rental • For additional facility rental policies and regulations please see Resolution 19-19 Facility Deposit Rental Per hour Extended Use (3-hr min.) (up to 6 hrs.) WA Cafeteria One day $500.00 $350.00 $100.00 $15.00 Extended commitment $2,000.00 $350.00 $100.00 $15.00 WA Performance Hall One day $500.00 $475.00 $150.00 $15.00 Extended commitment $2,000.00 $475.00 $150.00 $15.00 WA Gym One day $500.00 $350.00 $100.00 $15.00 WA Multipurpose Hall One day $500.00 $475.00 $150.00 $15.00 WA Sport Fields One day $500.00 $150.00 $50.00 $15.00 Town Council Chambers/Courtroom One day $1,000.00 - $100.00 - Fire Department Administration Training Room and Mall One day $1,000.00 - $100.00 B. Westlake 100F Cemetery • For additional cemetery policies and regulations please see Resolution 19-20 Fee Type Total Adult Burial Space $2,100.00 Infant Burial Space $800.00 Interment Fee $300.00 Urn Interment Fee $400.00 20 Fire-EMS Services Fire-EMS Services • 11f required, additional cost for personnel may be charged. Additional cost for expendable equipment and necessary apparatus may be incurred. • 'Two (2) hour minimum. If required, addition cost for personnel may be charged. Additional cost for expendable equipment and necessary apparatus may be incurred. • 'Cost is per hour per personnel utilized. Additional cost for expendable equipment and necessary apparatus may be incurred. • 'Cost based on third party or contracted services provider fees. Based on agreement with the Town, fees may be paid directly to the third party or contracted services provider. Ambulance and EMS Total ALS 1 $1,750.00 ALS II $1,750.00 BLS $1,750.00 ALS Disposable N/A BLS Disposable N/A Oxygen N/A SCT $1,750.00 TNT $200.00 Ground mileage $24.00 EMS-Services and Expendables4 Asbestos removal Total $100.00 Battery Systems Total $250.00 Burn Permit Total Non-resident $50.00 Resident No Charge Candles and Open Flame in Assembly Areas Total $50.00 Carnivals and Fairs Total $50.001 Combustible Storage Total High-Piled $50.00 Compressed Gas Total $100.00 21 Fire-EMS Services Cryogens Total $250.00 Dry Cleaning Operations Total Flammable/Combustible Liquids $75.00 Non-Flammable Liquids $50.00 Explosives or Blasting Agents Total Use of $150.00, Fireworks - Certified Events Only Total $150.001 Fueling Dispensing Station Total Motor Vehicle $50.00 Fumigation or Thermal Insecticidal Fogging Total $250.00 Hazardous Materials Total Storage, Dispense, Use of $50.00 Mitigation',' Hot works Operations Total $50.00 Inspections Total After Hours Fire Inspection $75.002 Re-inspection for fire alarm systems $75.001 Re-inspection for new construction $75.001 Re-inspection for sprinkler systems $75.001 Liquid Petroleum Gas Total LPG 25-199 WGC $100.00 LPG 200-1,999 WGC $75.00 LPG 2,000 < WGC $25.00 LPG fueled vehicles or equipment in assembly buildings $50.00 Malls— Covered Total $75.001 Personnel Stand-By Total Fire Watch $35.003 Special Event $35.003 22 Fire-EMS Services Pesticides Total Highly Toxic, Storage, Use of $50.00 Plan Review Total Fire Alarm System Review' Fire Sprinkler System Review' Nonresidential Fire Plan Review/ Inspection Fee See Table C-2 Residential Fire Plan Review $400.00 Private Agency License Inspection/Certification Total $50.00 Pyrotechnic Material Total $500.001 Radioactive Materials Total $500.00 Storage Tanks Total Aboveground Storage Tanks (AGST) $150.00 Underground Storage Tanks (UST) $150.00 AGST & UST - Changing Contents $100.00 AGST and UST Removal or Temporary Out of Service $50.00 Trench Burning — Clearing Land or Rubbish Total $150.00 Water System Analysis/Test for Fire Suppression Total Systems $25.00 23 Gas Well & Oil Fees Gas Well & Oil Fees A. Gas Well Pad Site Permit and Fees Gas Well Pad Site Permit Application Fee (one-time initial, per pad site fee) $30,000.00 Approved Gas Well Pad Site Permit Annual Review & Renewal Fee $5,000.00 Fire Fighter Training & Equipment Fee (one-time initial, per approved pad site fee) $10,000.00 $5,000.00 or Setback Reduction Request/Property Owner Title Verification Fee actual cost, whichever is greater B. Gas Well Permits and Fees Gas Well Permit Application Fee (one-time initial, per well fee) $10,000.00 Gas Well Permit Amendment Application & Review Fee $2,500.00 Gas Well Certificate of Completion & Completion Inspection Fee $1,500.00 Tank Battery Completion & Annual Permit/Inspection Fee $1,000.00 Annual Approved Gas Well Permit Review, Inspection, & Permit Renewal Fee $1,500.00 Initial/Annual Insurance & Surety Review Fee (per approved gas well permit) $1,000.00 Annual Fire Fighter Training & Equipment Fee (per approved gas well permit) $2,000.00 Annual Safety/Hazardous Materials Plans & Reports Compliance Review Fee $1,000.00 Well Re-working Permit Fee $5,000.00 Gas Well Permit Transference Processing Fee $5,000.00 Gas Well Permit Extension Processing Fee $5,000.00 Well Abandonment Permit Application & Inspection Fee $2,500.00 Road Maintenance Agreement Review & Inspection Fee $5,000.00 24 C. Pipeline Related Permits and Fees • All permits, fees, and/or licenses in this section are for initial installation of a new pipeline. Any extensions of this pipeline will be considered a new pipeline and subject to all applicable permits New Pipeline Construction Permit & Inspection Fee $5,000.00 New Pipeline Certificate of Completion & Inspection Fee $1,500.00 New Pipeline ROW/Street/Road/Easement Crossing License (per crossing) $2,000.00 Initial/Annual Insurance & Surety Review Fee (per approved pipeline permit) $1,000.00 Annual Safety Report Compliance Review Fee (per approved pipeline permit) $1,000.00 Annual Pipeline Permit & License Renewal Fee (per new pipeline permit) $2,000.00 Inactive Pipeline Permit Application & Inspection Fee $2,500.00 Idled Pipeline Permit Application & Inspection Fee $2,500.00 Idled Pipeline Permit Reactivation Inspection Fee $2,500.00 Seismic Testing Permit Fee $500.00 Technical Advisor Fees Actual costs plus 10% administrative fee 25 Administrative Services Administrative Services A. Non-Sufficient Funds & Return Charges All forms of payment $35.00 B. Solicitation & Vendor Permits Solicitor License $50.00 plus per agent $20.00 C. Special Events Special Event Application $250.00 Special Event Application, Non-profits No fee Special Event, Temporary Signage No fee Tent Permit $100.00 26 Refund Policy Refund Policy • No refund shall be granted if the purchaser has paid the minimum fee established for the specific type of permit • No refund shall be granted if any work governed by the permit has been performed • No refund shall be granted if an inspection has been performed, scheduled, or requested on the permit • Plan review fees are non-refundable unless the Building Official determines that a payment was collected in error • Application fees are non-refundable unless the Town Planner determines that a payment was collected in error • Refunds for permits equal 75% of the original permit less the minimum permit fee established for the specific type of permit • Refund claims must be submitted in writing with a copy of the permit receipt • Only active fees may be refunded 27 Example Calculations Example Calculations A. How to Calculate Single Family Residence Submittal Information required: ➢ Total square footage under roof ➢ See Table D under Building Inspection Services for MEP ranges Examples: A-1. 5,200 sq. ft. Fee Type Fee Calculation Fee Total Residential Permit Fee $1.80 x 5,200 sq. ft. $9,360.00 Residential Plan Review Fee $0.54 x 5,200 sq. ft. $2,808.00 Residential Building Inspection Fee $0.54 x 5,200 sq. ft. $2,808.00 Public Works Inspection Fee $350.00 $350.00 Residential Fire Inspection Fee $400.00 $400.00 Grading / Excavation Fee $600.00 $600.00 Erosion Control Fee $1,500.00 $1,500.00 Duct Bank Fee $3,100.00 $3,100.00 Mechanical Fees See Table D $500 Electrical Fees See Table D $500 Plumbing Fees See Table D $500 $22,426.00 28 Example Calculations B. How to Calculate A New Nonresidential Submittal Information required: ➢ Total square footage under roof ➢ Total construction valuation ➢ Total site acreage ➢ See Table C-1 under Building Inspection Services for base permit fee ➢ See Table C-2 under Building Inspection Services for fire department plan review and inspection ➢ See Table D under Building Inspection Services for MEP ranges B-1. 10,000 sf. ft. 1 $5,000,000 valuation I 1 acre Fee Type Fee Calculation Fee Total Nonresidential Permit Fee See Table C-1 $43,361.00 Nonresidential Plan Review Fee Nonresidential Permit Fee x 65% $27,534.65 Nonresidential Inspection Fee $0.54 x 10,000 sq. ft. $5,400.00 Nonresidential Fire Review/ Inspection Fee See Table C-2 $500.00 Public Works Inspection Fee $350.00 $350.00 Duct Bank Fee $3,100.00 $3,100.00 Erosion Control Fee $1,500.00 $1,500.00 Grading / Excavation Fee $600.00 + ($100.00 x 10 acres) $700.00 Mechanical Fees See Table D $500.00 Electrical Fees See Table D $500.00 Plumbing Fees See Table D $500.00 Energy Compliance See Table D $100.00 $84,045.65 29 End of Fee Schedule Westlake Town Council TYPE OF ACTION T x E T o w n o f WESTLAKE Regular Meeting - Consent DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Consider approval of a Resolution entering into an annual membership with the Goodbuy purchasing cooperative to provide purchasing through the Education Service Center Region 2 and authorize subsequent renewals with the Goodbuy purchasing cooperative. STAFF CONTACT: Troy J. Meyer, Director of Public Works &Facilities Strategic Alignment Vision, iPerspectiveResults Outcome ObLective High Quality Planning,Design& Development-We are a desirable Increase Financial Fiscal Responsibility Fiscal Stewardship well planned,high-quality Capacity/Reserves community that is distinguished by exemplary design standards. Time Line - Start Date: October 28, 2019 Completion Date: October 31, 2020 Funding Amount: $300.00 Status - ® N/A Source - General Fund EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The purpose of this Agreement is to facilitate compliance with state bidding requirements, to identify qualified vendors of commodities, goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings, for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors,under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land surveyors, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods, where such services are included in the awarded Vendor contract. Page 1 of 2 By joining this program, the Town will receive an estimated savings of$8,000 on the purchase of a Public Works truck. RECOMMENDATION Staff recommends Council approval of the annual membership with the Goodbuy purchasing cooperative to provide purchasing through the Education Service Center Region 2 and authorize subsequent renewals with the Goodbuy purchasing cooperative. ATTACHMENTS Resolution Interlocal Agreement Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-35 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANGER TO ENTER INTO AN ANNUAL MEMBERSHIP WITH THE GOODBUY PURCHASING COOPERATIVE TO PROVIDE PURCHASING THROUGH THE EDUCATION SERVICE CENTER REGION 2 AND AUTHORIZE SUBSEQUENT RENEWALS WITH THE GOODBUY PURCHASING COOPERATIVE. WHEREAS,the Town of Westlake is striving to be good stewards of our public funds; and WHEREAS, the Town Council finds that the Goodbuy purchasing cooperative to provide purchasing through the Texas Government code 791.001 as amended, operated by the Education Service Center Region 2 is authorized to provide purchasing services for Texas Education code ("TEC") 8.002 and =TEC 44.031(a)(4) of the local government code; and WHEREAS, the Town Council assigns the agent(s) of record, Amanda DeGan, Town Manager and Troy J. Meyer Director of Facilities and Public Works are authorized to execute any and all documentation for Town pertaining in the GoodBuy Purchasing Cooperative Program; and WHEREAS, the Town of Westlake acknowledges its obligation to pay participation fees established by the GoodBuy Purchasing Cooperative Program; NOW, THEREFORE,BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, SECTION 1. That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2.That the Town of Westlake Town Council does hereby approve the agreement and annual membership with the Goodbuy purchasing cooperative to provide purchasing through the Education Service Center Region 2 and authorizes Town staff to approve subsequent membership renewals with GoodBuy, as it relate to the purchasing of supplies for the Town or Academy, attached as Exhibit "A". SECTION 3: If any portion of this Resolution shall, for any reason,be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 19-35 Page 1 of 2 PASSED AND APPROVED ON THIS 28T" DAY OF OCTOBER 2019. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary APPROVED AS TO FORM: Stan Lowry, Town Attorney Resolution 19-35 Page 2 of 2 9• bu W10 III III III1111 Purchasing Program of the Education Service Center,Region 2 Interlocal Participation Agreement for the GoodBuy Purchasing Cooperative The GoodBuy Purchasing Cooperative("GoodBuy"),is a Purchasing Cooperative authorized by Tex. Gov't Code §§ 791.001 et seq. as amended, operated by the Education Service Center, Region 2 ("Region 2 ESC"), a state agency, as authorized by Tex.Educ. Code("TEC") §8.002 and TEC §44.031(a)(4). The purpose of this Agreement is to facilitate compliance with state bidding requirements,to identify qualified vendors of commodities,goods and services, to relieve the burdens of the governmental purchasing function, and to realize the various potential economies, including administrative cost savings,for Program Members. Program Members may purchase goods and services from any and all GoodBuy vendors, under the same terms, conditions, and price as stated in each GoodBuy awarded contract. GoodBuy excludes engineering, architectural, land surveyors, doctors, nurses and construction services. The purchase of goods through GoodBuy includes the purchase of any services reasonably required for the installation, operation, or maintenance of purchased goods,where such services are included in the awarded Vendor contract. MEMBERSHIP I. Program Members. Program Members must be qualifying local governmental entities of the State of Texas or another State; or qualifying private non-profit entities with tax exempt status under IRS Code Section 501(c)(3), operating private schools or child care facilities. 2. To become a Program Member requires the approval of this Agreement by the governing body of the Member,and by the Region 2 ESC Board of Directors.Each Program member must submit a copy of this Agreement signed by an authorized representative of the Member, along with a signed copy of a Resolution approved by the Program Member's governing body, to Region 2 ESC, as a condition of membership, as set forth below. 3. Non-governmental Members. In addition to the membership requirements set forth in Paragraph 2 above, all non-governmental entities seeking membership in GoodBuy must produce such documents as may be required from time to time by GoodBuy,to demonstrate each such non-governmental entity is eligible to become a Program Member under applicable law. 4. Membership Term. This Agreement shall be for one calendar year, which shall run from September I through August 31 of each calendar year, and shall become effective upon approval by both the Program Member's governing body,and the Region 2 ESC Board of Directors.This Agreement shall automatically renew for successive one-year terms, unless sooner terminated as provided in this Agreement. The terms and conditions of this Agreement shall apply to the initial term of Membership and all renewals, unless the terms and conditions are modified in writing,and approved by the governing body of GoodBuy,the Region 2 ESC Board of Directors. There is no fee for Program Membership. 5. Termination of Membership. Either the Program Member or Region 2 ESC may elect to non-renew this Agreement by sixty(60) days written notice of non-renewal delivered to the designated representative of the other party, as set forth below. This Agreement may also be terminated by either party upon thirty(30)days prior written notice to the designated representative set forth below, with or without cause. If the Program Member terminates its participation during the term of this Agreement or if GoodBuy terminates participation of the Program Member under any provision of this Article,the Program Member shall bear the full financial responsibility for any purchases by the Program Member occurring after the termination date. GoodBuy Participation Agreement 1 9• bu W10 III III III1111 1 Purchasing Program of the Education Service Center,Region 2 Services Provided by GoodBuy: GoodBuy will: • Provide the organization and administrative structure of the program, including all staff necessary for the efficient operation of the program; • Solicit requests from Program Members for adding categories/commodities and relevant specifications, and quantity demands for goods and services that could be included in the GoodBuy program; • Prepare specifications for procurement of goods and services to be included in the GoodBuy program; • Publish solicitations for prices and bids from potential Vendors of goods and services to be included in the GoodBuy program; • Qualify potential Vendors and their goods or services, based on published bid criteria, and including the conducting of due diligence of potential Vendors; • Tabulate price quotes, unit prices, and other information provided by potential Vendors of goods and services,to determine awarded Vendors for specific goods and services; • Making all Vendor background research information and bids, and GoodBuy awarded Vendor contract analysis information available to Program Members; • Maintain and publish the list of all GoodBuy awarded contracts, including all relevant information about the goods and services available under each awarded Vendor contract; and • Provide Members with procedures for ordering,delivery, and billing for Member purchases from GoodBuy vendors. Region 2 ESC is the designated entity that shall supervise the GoodBuy performance of this Agreement. Any written notice to the GoodBuy Purchasing Cooperative shall be made by first class mail,postage prepaid, and delivered to: GoodBuy Purchasing Cooperative, Education Service Center, Region 2, 209 N. Water St., Corpus Christi, Texas 78401-2528 or by e-mail sent and actually received by GoodBuy to a GoodBuy Relations Representative at goodbuy@esc2.net. Member Obligations: • Each Program Member warrants that all Vendor payments, or other disbursements required under this Agreement will be made from current revenues budgeted and available to that Member. • Program Members commit to purchase goods and services that become part of the official GoodBuy products and services list when it is in the best interest of the member entity. • Each Program Member agrees to prepare purchase orders or provide other documentation issued to the appropriate vendor from the official awarded Vendor list provided by GoodBuy clearly noting contract number on it,as may be required by Member policy and procedures; provide a copy of each such Purchase Order, or Member approved order confirmation,Vendor Invoice or other proof of purchase for a purchase to the GoodBuy representative no later than 60 business days of the Member purchase from a GoodBuy Vendor; • Accept shipments of products or delivery of services ordered from vendors in accordance with standard GoodBuy purchasing procedures. GoodBuy Participation Agreement 2 9• bu W10 III III III1111 Purchasing Program of the Education Service Center,Region 2 • Pay Vendors in a timely manner for all goods and services received. • Report promptly in writing to GoodBuy any and all instances in which a Program Member has rejected goods or services delivered to the Member by any awarded GoodBuy Vendor, or has cancelled any previously approved Purchase Order or invoice Order for goods or services to be provided by any awarded GoodBuy Vendor, to the designated GoodBuy representative. • It is also a condition precedent to the approval of this Agreement for each Program Member by the Board of Directors of Region 2 ESC,that each prospective Program Member shall designate the person or persons who have express authority to represent and bind the Program Members in the administration and operation of this Agreement,with respect to GoodBuy purchasing,and Region 2 ESC will not be obligated to contact any other individual(s) regarding GoodBuy matters. A Program Member may change the designated Member representative listed below at any time by submitting written notice to goodbuy@esc2.net. Program Member Name: Program Member Designated GoodBuy representative(s): Name: Contact Information: Title: (Address) Email: City: Telephone: State: Facsimile: The Program Member shall provide proof of goods and services purchased via any GoodBuy contract (purchase orders, monthly activity reports, order confirmations, invoices, etc.) to GoodBuy(all purchases conducted through GoodBuy Awarded Vendor contracts). These reports may be modified from time to time as deemed appropriate by GoodBuy. GENERAL TERMS AND CONDITIONS 1. Governing Law and Venue. The Program Member and GoodBuy agree that this Agreement is governed by the law of the State of Texas and the published policies and procedures of GoodBuy. Any and all suits arising from this Agreement shall be brought in a court of competent jurisdiction and venue shall lie in Nueces County, Texas. 2. Cooperation and Access. The Program Member and GoodBuy agree that they will cooperate in compliance with any reasonable requests for information and/or records made by GoodBuy or the Program Member. GoodBuy reserves the right to audit the relevant records of any Program Member, and vice-versa. 3. Defense and Prosecution of Claims. The ESC shall not be responsible or obligated to defend any claims against the Member or prosecute any claims on behalf of the Member. 4. Legal Counsel. The Region 2 ESC shall not be responsible or obligated to provide or act as legal counsel to the Member with respect to any matter regarding this Agreement. 5. Purchase Contracts. The Region 2 ESC and GoodBuy shall not be a party to any contracts made by the Member for the purchase of goods or services with any vendor through the GoodBuy program. GoodBuy Participation Agreement 3 9• bu W10 III III III1111 Purchasing Program of the Education Service Center,Region 2 6. No Warranty. The Region 2 ESC and/or GoodBuy does not warrant, sponsor, or endorse the goods or services of any GoodBuy Vendor. 7. It is the responsibility of the Program Member purchasing from GoodBuy awarded vendors ensure that the applicable purchasing requirements for the Member are met in accordance with all applicable local, state and federal procurement law. 8. Mediation. All claims and disputes arising under this Agreement shall be submitted to non-binding mediation before a neutral mediator in Nueces County, Texas, with the party demanding mediation of a claim being obligated to pay all costs and expenses of mediation. 9. Compliance with Procurement Laws. GoodBuy shall use its best effects to solicit prices for goods and services in compliance with all applicable laws and regulations governing purchase contracts by Members, and will keep a record of its procurement methodology for inspection by any Member. Each Member is responsible for determining, in consultation with its legal counsel, whether purchasing through this cooperative will satisfy the requirements of any applicable law or regulation governing the Program Member. 10. This Agreement contains the entire agreement of the Parties hereto with respect to the matters covered by its terms, and it may not be modified in any manner without the express written consent of the Parties. 11. If any term(s)or provision(s)of this Agreement are held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remainder of the provisions of this Agreement shall remain in full force and effect 12. No Party to this Agreement waives or relinquishes any immunity or defense on behalf of itself, its directors, officers, employees, representatives and agents as a result of its execution of this Agreement and performance of the functions and obligations described herein. 13. THE GOODBUY PURCHASING COOPERATIVE, ITS ENDORSERS,AND SERVICING CONTRACTORS HEREBY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, IN REGARD TO ANY INFORMATION, PRODUCT, OR SERVICE FURNISHED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION,ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. 14. THE PARTIES AGREE THAT IN REGARD TO ANY AND ALL CAUSES OF ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE TO THE OTHER UNDER ANY CIRCUMSTANCES FOR SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES,EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES 15. GoodBuy and Region 2 ESC, their ENDORSERS AND SERVICING CONTRACTORS, DO NOT WARRANT THAT THE OPERATION OR USE OF PROGRAM SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. GoodBuy Participation Agreement 4 9• bu W10 III III III1111 1 Purchasing Program of the Education Service Center,Region 2 16. Merger: The Interlocal Participation Agreement, Board Resolution, Terms and Conditions, and General Provisions represent the complete understanding of the GoodBuy Purchasing Cooperative, and Program Member electing to participate in the Program. 17. Representation of Authorization: By the execution and delivery of this Agreement, the undersigned individuals warrant that they have been duly authorized by all requisite administrative action required to enter into and perform the terms of this Agreement. TO BE COMPLETED BY THE GOODBUY PURCHASING COOPERATIVE,as acting on behalf of all other Program Members By: Date: GoodBuy Relations Representative,Region 2 ESC Email: Telephone: Facsimile: (Name of Program Member) TO BE COMPLETED BY PROGRAM MEMBER By: Date: (Signature of authorized representative of Program Member) GoodBuy Participation Agreement 5 Form TCG 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identi ier: 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: Print Name of Person: Signing, Title, and Company Nm ll Date signed: STATE OF TEXAS § COUNTY OF, f) § BEFOf3E ME, the undersigned Notary Public on this day personally appeared SMAI (Name), on behalf of ' (Company) who being duly sworn, stated under oath thatIle/she has read the foregoing verification req fired by Texas Government Code Section 2270.002 and said statements contained therein are true and correct..SWORN AND SUBSCRIBED TO before me, this M day of 9HOAf y' 200. P&� BLANCA DEL BASQUE ID# 12393867-8 * * Notary Public NOTARY OF PUBLIC, STATE Of TEXAS FOR THE STATE OF TEXAS My o E)trQwm. Exp, 06-03-2022 v -v3-�oa Government Code § 2270.002. 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 T o w n o f WESTLAKE Regular Meeting - Consent DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Consider the approval of a Resolution to enter into an agreement with Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding sign program for the Town of Westlake and authorizing the Town Manager/Superintendent to approve change orders making funding changes not to exceed $25,000 under this agreement. STAFF CONTACT: Troy J. Meyer, Director of Public Works & Facilities Strategic Alignment Vision, iStrate2ic Theme & Results Outcome Ii High Quality Planning,Design& Preservation of our Natural Municipal& Development-We are a desirable Increase CSS Beauty Academic Operations well planned,high-quality Satisfaction community that is distinguished by exemplary design standards. Time Line - Start Date: November 4, 2019 Completion Date: March 31, 2020 Funding Amount: $85,000 Status - ® Funded Source - Capital Projects Fund EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In 2008 Schrickel, Rollins and Associates, Inc (SRA), was the design consultant for the FM 1938 Streetscape Master Plan which developed an identity and enhancements for the corridor starting from the Town's southern limit and terminating at S.H. 114. The branding developed for this corridor has been the inspiration to the Town's current flying "W"logo. SRA was also the Landscape Architect on the FM 1938 corridor construction for Phases 1, 2 and 3 which included developing the trails, landscaping, gateway signage and enhancements along the FM 1938. Page 1 of 3 In addition to the FM 1938 project SRA developed a Master Plan for the HWY 114/170 corridor for a future Green Ribbon project (TxDOT funded highway landscaping enhancements). Staff recommends the approval of SRA to provide consultation and design services for the Town's Wayfinding program due to their experience with this type of program and their history with the Town of Westlake. The agreement will include the following wayfinding and place-making elements: • Vehicular directional signs • Trail head signs • Pedestrian directional signs • Pedestrian map — digital artwork for pedestrian maps that will be scaled appropriately to enhance walkability within the project area • Trail rules and etiquette signs • Mile marker signs with orientation locators for emergencies • Interpretive signs • Wayfinding elements location(typical plan) • Regulatory Traffic Signs As a part of this engagement Parkhill,Smith&Cooper(SRAIPSC)and the Staff are recommending a four-phase approach to ensure participation/involvement from our stakeholders. The goal is to create a Master Plan Document with guidelines and templates for wayfinding implementation. This plan will include elements for the trail system, regulatory signs and identifying material that will blend in with the natural environment and landscaping in Westlake. Phase I-Planning and Research: SRAIPSC and Staff to identify needs of the Town Wayfinding program. This phase will determine program parameters and design approach, identify project signage needs, and establish strategy necessary for effective consensus building. SRAIPSC and Staff will also develop a comprehensive list of all attractions and destinations within the Town and establish hierarchies. Phase II-Design: SRAIPSC will provide conceptual designs, sizes and locations for signage, and present recommendations to the Staff in two workshops, one with Town Council and one meeting with all stakeholders. Staff recommends Council begin process of identifying stakeholders by determining who the individual stakeholders are and who the groups they represent might be, as well as the size of this group(note: group size will impact the pace of the planning process). After getting feedback from the all stakeholders, SRAIPSC will present to the Town Council a final Way- finding master plan that will include cost estimates for the signage elements. Staff will review costs of the project and give recommendations to the Town Council on how the project will be implemented and funded. Phase III—Design Specs Confirmed: SRAIPSC will produce the design drawings based on the concept design approved by the Town Council. These drawings will be used for construction specification and the bidding process. Page 2 of 3 Phase IV — Bid Administration Process: is the construction administration of the project. SRAIPSC will assist Staff with the bidding process, review and approval of submittals from contractors, shop drawings and final inspections of the signage project. In the 2019-20 budget the Town Council approved $300,000 for the Wayfinding project which includes the design and implementation of the program. The cost of this agreement is $72,950.00. Staff is estimating the consulting cost to be $85,000.00. The additional $12,050 will be used to conduct additional meetings with the stakeholders and Staff if needed. RECOMMENDATION Staff recommends approving an agreement with Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/PSC to provide consultation design services to develop a Wayfinding Sign Program for the Town of Westlake for$85,000.00 to include an allowance of$12,050 for addition meetings and services. ATTACHMENTS Resolution Contract Page 3 of 3 TOWN OF WESTLAKE RESOLUTION NO. 19-36 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ENTERING INTO AN AGREEMENT WITH PARKHILL, SMITH & COOPER, INC. DBA SCHRICKEL, ROLLINS/ PSC TO PROVIDE CONSULTATION DESIGN SERVICES TO DEVELOP A WAYFINDING SIGN PROGRAM FOR THE TOWN OF WESTLAKE AND AUTHORIZING THE TOWN MANAGER TO EXECUTE THE AGREEMENT ON BEHALF OF THE TOWN OF WESTLAKE, TEXAS. WHEREAS, the Westlake Town Council (Council) has identified citizen engagement, communication, and planning as a strategic priority; and, WHEREAS, the Westlake Town Council desires to utilize a professional architectural services company to develop a "Wayfinding" Sign Program for the Town of Westlake that showcases its major venues, directs visitors through major corridors that lead to the Town's attractions and destinations, and is presented in a way that is attractive and expressive of the Town's character, scenic beauty and expanding urban landscape; and, WHEREAS, the Town Council has determined that such planning efforts will provide valuable information to enhance the Council's and Staff s decision making on behalf of the Town of Westlake, as it relates to a Wayfinding program and financial planning for the Town of Westlake and has identified Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/ PSC as an architectural services firm to provide the Council with a Wayfinding Master Plan; and, WHEREAS, the Town Council has budgeted funding in the amount of$85,000 in the Approved FY 19-20 Municipal Budget for this project. And further, that Staff is recommending utilizing funds contained in the Capital Improvement budget to fund this program with Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/PSC; and, WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the stakeholders and 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: The Town Council of the Town of Westlake hereby approves the contract Parkhill, Smith & Cooper, Inc. dba Schrickel, Rollins/ PSC to provide consultation design services to develop a "Wayfinding" Sign Program, attached as Exhibit "A'; and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. Additionally, passage of this resolution authorizes the Town Manager/Superintendent to approve change orders making funding changes not to exceed $25,000 under this Agreement. Resolution 19-36 Page 1 of 1 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 281h DAY OF OCTOBER 2019. Laura Wheat, Mayor ATTEST: Kelly Edwards, Town Secretary APPROVED AS TO FORM: Stan Lowry, Town Attorney Resolution 19-36 Page 2 of 1 ROL SCHRICKEL 255 N.Center St.Suite 200 ON R4,� `�1� „-_ Arlington,Texas 76011 PARKHILLSMITH&COOPER 817.649.3216 EXHIBIT A SCOPE OF SERVICES TO BE PERFORMED BY CONSULTANT Town of Westlake Westlake Wayfinding Signage Planning and Design September 09, 2019 PURPOSE To provide design services to develop a "Wayfinding" Sign Program for the Town of Westlake that showcases its major venues, directs visitors through major corridors that lead to the Town's attractions and destinations, and is presented in a way that is attractive and expressive of the Town's eclectic character, scenic beauty and expanding urban landscape. PROJECT GOALS A. Development of a Master Plan Document to provide City staff a guideline and template for wayfinding implementation. B. Create a clear, recognizable wayfinding system that is easily adaptable for future development. C. Create a signage system that blends into Westlake's distinct identity. D. Material selections inherent to the natural environment should be considered. E. Define trail access with clear identification of entry points. F. Identify and direct to parking for trails. G. Incorporate universally recognized symbols or icons to capture a variety of audiences. H. Increase awareness of the trails with both visitors and residents alike and educate users on etiquette and best practices. I. Encourage users to stay and explore longer by cross promoting the trail system. J. Connect visitors to destinations (for both trail and street users). K. Foster a safe environment by developing clear, concise trail markers that provide critical information, such as orientation and position with mileage markers. L. Create a Regulatory Sign Standard for use throughout town that complements the unique identity of Westlake. PROGRAM ELEMENTS A. The Design Team will prepare design documents for the following wayfinding and place-making elements: 1. Vehicular directional sign 2. Trail Head sign 3. Pedestrian directional sign 4. Pedestrian map —digital artwork for pedestrian maps that will be scaled appropriately to enhance walkability within the project area. 5. Trail rules and etiquette sign 6. Mile marker sign with orientation locator for emergencies 7. Interpretive sign X:\PENDING PROJECT NUMBER\01 SRA\Westlake\Westlake-Wayfinding Signage Planning and Design.docm Abilene Albuquerque Amarillo Arlington Austin El Paso Frisco Las Cruces Lubbock Midland team-psc.com Town of Westlake Page 2 08/16/2019 8. Wayfinding elements location (typical plan) 9. Regulatory Traffic Signs B. Trails Wayfinding Sign Standards Manual —The Design Team will document the selected sign types in the Sign Standards Manual. The manual will include each sign type, dimensions, materials, colors and graphics and prototypical locations on each trail. An Opinion of Probable Construction Cost will be provided for each wayfinding element. SCOPE OF WORK Working in close coordination with the Town of Westlake, SRAIPSC will provide the following services: Phase I. Planning and Research A. Review site plan and related materials. B. Research and review applicable sign regulations and any existing signage program or criteria. C. Meet with client to discuss project overview, determine program parameters and design approach, identify project signage needs, and establish strategy necessary for effective consensus building. D. Develop a comprehensive list of all attractions and destinations within the Town, and establish hierarchies, taking into account the input from staff. E. Research theming appropriate to the character of the project, (including imagery, colors, typography, etc.). Schedule: (Approx. 3 weeks) Phase II. Master Plan Document A. Provide conceptual plan identifying proposed sign types, sizes and locations. B. Create two (2) to three (3) conceptual design options reflecting recommended treatments for the program elements. Concepts will be typical only, for purposes of establishing a comprehensive program of design solutions appropriate to the project. Solutions to include indications for sizes, materials, colors, lighting and sign locations. C. Client Meetings to present concept options to client for review and comment. Presentations to include photo-simulations to aid in visualizations, mockups to verify approximate colors, readability, proportion and scale in the environment. (2 Meetings - schedule TBD) D. Adjustments to concept designs per client and stakeholder comments. E. Two (2)Town Council meeting and two (2) Staff Workshops to present concept design options for review and comment. (Public Outreach efforts may be utilized through on-line survey techniques.) F. One (1) meeting with specific Stakeholders/Corporate Partners designated by the Town. G. Develop final Master Plan per comments. H. Prepare preliminary cost estimates for signage elements. I. Submit the Master Plan Document and preliminary budgetary estimates to client for review and approval. Schedule: (Approx. 16 weeks) Town of Westlake Page 3 08/16/2019 Phase III. Production Documents and Criteria (Design Intent) A. Based on approved concept design of the program elements, prepare Design Intent drawings (11" x 17") and construction specifications sufficient for competitive bidding and fabrication by qualified sign fabricator. The drawings for the Design Intent should indicate the following: • Schematic Sign Location Plan • Message schedule • Control dimensions • Call-outs for materials, finishes, typestyles, and lighting effects • Color specifications • Elevations, side and top views where appropriate (Design Intent Documents—The Design Intent Documents build on the Signage Standards Masterplan, prepared in this project, and include all the information suitable for pricing by signage fabricators who are qualified to prepare fabrication/construction documents, under contract to the Town, including all structural engineering design calculations, and to fabricate and install signs reflected in the design documents. The Design Intent Production Documents do not include specific locations, copy layouts, camera-ready artwork/patterns, sections, construction details or engineering calculations, which are to be provided by sign fabricator or others as part of the shop drawing submittal.) B. Site review to verify conditions. C. Prepare updated budgetary estimates for Program Elements. D. Submit Design Intent Drawings, Construction Specifications, and budgetary estimates to Town for review and comment. E. One (1) meeting with Town Council for review of Design Intent Documents. F. One (1) meeting with specific Stakeholders/Corporate Partners designated by the Town for review of Design Intent Documents. G. Adjustments to Design Intent Drawings and Construction Specifications per client comments (estimated two rounds of adjustments maximum). Schedule: (Approx. 12 weeks) Phase IV. Construction Administration A. Assist Town staff during the bidding phase of the project by responding to questions, or providing clarification, regarding the sign specifications. B. Review, adjust, and approve submittals from sign contractor (assume two (2) reviews of each): • shop drawings —structural shop drawings shall be sealed by a structural engineer licensed in the State of Texas. Town of Westlake Page 4 08/16/2019 • patterns and photo ready art review • materials and color samples review C. Perform final inspection, create punch list of required corrections and verify compliance with same (estimated two site visits). D. Coordination and communications with contractors and/or client as identified above. Schedule: Per Town's bidding and construction schedule. NOTE: Up to (3) meetings and (2) site visit are included in the fee estimate. Additional meetings, site visits and/or services will be at the client's request and will be billed on a time and materials basis as an Additional Service to the fee estimate for Basic Services. Schedule: (Approx. 24 weeks) ADDITIONAL SERVICES At the client's request, the following services will be provided in addition to the scope outlined above. Services will be provided on a time and materials basis, plus expenses and may include: • Construction Documents for each individual sign and sign location (including the following)- • Survey o Existing Conditions and Removal o Site Layout o Planting Layout and Details (if needed) o Irrigation Layout and Details (if needed) o Structural Details (if needed) o Electrical Layout and Details (if needed) • Interpretative Sign Graphics and Content o Camera ready artwork o Original photography and or illustration • Geotechnical Report • design a new logo/identity and camera-ready art • additional concept designs for logo • specifications for use of logo in signage and print applications • color separations, negatives • additional concept designs for listed sign types or for additional sign types • additional rounds of adjustments to design concepts • site visits and/or meetings in addition to those specifically noted in the scope of work • color renderings/comps other than those specifically noted • prototypes/scaled models of signage • additional rounds of budgetary cost estimates for sign fabrication • Structural Engineering • Electrical Engineering Town of Westlake Page 5 08/16/2019 1. COMPENSATION For the Basic Services outlined above, the Town agrees to pay Consultant for fees and expenses shown below. The fee is broken down as follows: A. Basic Professional Services — 1. Phase I — Planning and Research $ 3,850 2. Phase 11 — Master Plan Document $ 37,000 3. Phase III- Production Documents $ 21,000 4. Phase IV- Construction Administration 6,600 5. Total Basic Professional Services $ 68,450 B. Reimbursable Expenses—These expenses can include the following, if approved in advance by the Town: 1. Identifiable communication expense, such as express charges and postage directly related to the project and courier services. 2. Identifiable reproduction costs applicable to the work, such as blueprinting, plotting, photocopying, printing, and binding, etc. 3. Estimated Reimbursable Expenses: a. Booklet (Approx. 15 preliminary— 30 final) $ 2,000 b. Production Drawings (Approx. 15 prel. — 30 final) 2,500 Reimbursable Expenses — $ 4,500 C. Grand Total Services and Expenses $ 72,950 2. ADDITIONAL SERVICES COMPENSATION Additional services expressly authorized pursuant to the Contract will be compensated based upon the attached rate schedule. The Consultant is to be reimbursed for all direct non-labor and other subcontract expenses at Consultant's invoice cost times a multiplier of 110%. Additional services shall not be performed without first obtaining approval from the Town. Increases to the scope beyond those defined in this fee proposal will increase the service fee accordingly. 3. HOURLY SERVICES: For services compensated as personnel time plus expenses, CONSULTANT shall submit statements reflecting requested compensation for that portion of the Services completed per the attached hourly rate schedule. Along with each separate request for payment of these services, CONSULTANT shall submit to the CLIENT documentation substantiating the actual costs for which CONSULTANT has requested compensation, including but not limited to the following: A. The name of each individual performing services, individual's billing category, and the number of hours associated with each individual's performance of services for the period of time identified with any billing invoice. B. A copy of any invoices paid directly by the CONSULTANT for any outside services or products which relate to the Project, and which are requested by CONSULTANT to be reimbursed by CLIENT. Subcontract expenses shall be paid at direct cost plus a five (5%) percent service charge. Town of Westlake Page 6 08/16/2019 4. REIMBURSABLE EXPENSES: All direct non-labor expenses, including mileage, travel and lodging, but excluding subcontract expenses shall be paid at invoice or internal office cost plus a ten (10%) percent service charge. SERVICES PROVIDED BY THE CLIENT: The CLIENT and its representatives will render services inclusive of the following: Provide available criteria and full information as to the CLIENT's requirements for the Project, Assist the CONSULTANT by placing at his disposal all available written data pertinent to the Project, 1. Examine documents submitted by the CONSULTANT and render a decision pertaining thereto promptly, to avoid unreasonable delay in the progress of the CONSULTANT's services, 2. Furnish information required as expeditiously as possible for the orderly progress of the work, 3. The CLIENT shall appoint, in writing, a representative that the CONSULTANT shall be entitled to rely upon regarding decisions made by the CLIENT. All subsequent communication to the CLIENT shall be deemed made when conveyed in writing to the representative, 4. The services, information, and reports required, inclusive, shall be furnished at the CLIENT's expense, and the CLIENT will apprise the CONSULTANT of any known inaccuracies or inconsistencies in the information provided CONSULTANT. Please execute and return a signed copy for our files. Approved by CLIENT: Accepted by CONSULTANT: TOWN OF WESTLAKE PARKHILL, SMITH & COOPER, Inc. dba Schrickel Rollins I PSC By: By: Title: Title: Date: Date: TOWN OF WESTLAKE ONPARWROLLNS EL Wayfinding Signage Planning & Design �,�KL ITH&COOPER September 9, 2019 2019 2020 OCT NOV DEC JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC TASKS 1 PLANNING & RESEARCH *Develop Sign Families •Develp Sign Themes 2 MASTER PLAN DOCUMENT *Sign Concepts *Stakeholder Meetings 3 PRODUCTION DOCUMENTS& CRITERIA (Design Intent) *Contract with Sign Company *Produce drawings that can be bid by sign companiesZ 21 4 CONSTRUCTION ADMINISTRATION *Review Shop Drawings for: *Sign Construction •Color/Materials *Punch List of Constructed Signs Page 1 L N S SCHRICKEL 255 N.Center St.Suite 200 ON RJI�R O L 11111IM"M „-_ Arlington,Texas 76011 PARKHILLSMITH&COOPER 817.649.3216 Hourly Rate Schedule January 1, 2019 through December 31, 2019 Client:Town of Westlake Project:Town of Westlake-Wayfinding Signage Agreement Date: Location: HOURLY HOURLY HOURLY CLASSIFICATION RATE CLASSIFICATION RATE CLASSIFICATION RATE SUPPORT STAFF 1 $60.00 PROFESSIONAL LEVEL II PROFESSIONAL LEVEL V Engineering Student Mechanical&Electrical $133.00 Mechanical&Electrical $229.00 Design Student Civil&Structural $132.00 Civil&Structural $224.00 Landscape Architect Student Architect $127.00 Architect $209.00 Interior Design Student Architect Intern Senior Architect Landscape&Interior $118.00 Landscape&Interior $172.00 Design Intern Landscape Project Manager SUPPORTSTAFF II $103.00 Architect Intern Senior Landscape Architect Engineering Technician Technologist Senior Interior Designer Engineering Student Resident Project Representative Resident Project Representative Design Technician Clerical Supervisor CADD Survey Technician PROFESSIONAL LEVEL VI Administrative Assistant PROFESSIONAL LEVEL III Mechanical&Electrical $259.00 Project Assistant Mechanical&Electrical $158.00 Civil&Structural $248.00 Word Processor Civil&Structural $155.00 Architect $235.00 File Specialist Architect $145.00 Landscape&Interior $208.00 Architect Intern Studio Leader Landscape&Interior $130.00 Senior Project Manager SUPPORTSTAFF III $113.00 Interior Design Intern Senior Practice Leader Engineering Technician Landscape Architect Intern Surveyor Design Technician Technologist Resident Project Representative CADD Resident Project Representative Administrative Assistant Project Assistant PROFESSIONAL LEVEL VII PROFESSIONAL LEVEL IV Mechanical&Electrical $278.00 PROFESSIONAL LEVEL I Mechanical&Electrical $187.00 Civil&Structural $271.00 Mechanical&Electrical $117.00 Civil&Structural $184.00 Architect $260.00 Civil&Structural $117.00 Architect $171.00 Landscape&Interior $233.00 Architect $117.00 Professional Architect Operations Director Architect Intern Project Architect Sector Director Landscape&Interior $112.00 Landscape&Interior $142.00 Interior Design Intern Professional Landscape Architect Landscape Architect Intern Professional Interior Designer Planner Project Landscape Architect Survey Technician Project Interior Designer Technologist Technologist Resident Project Representative Resident Project Representative Expenses:Reimbursement for expenses as listed,but not limited to,incurred in connection with services,will be at cost plus 15 percent for items such as: 1. Maps,photographs,postage,phone,reproductions,printing,equipment rental,and special supplies related to the services. 2. Consultants,soils engineers,surveyors,contractors,and other outside services. 3. Rented vehicles,local public transportation and taxis,road toll fees,travel,and subsistence. 4. Special or job-specific fees,insurance,permits,and licenses applicable to work services. 5. Mileage at IRS-approved rate. Rate for professional staff for legal proceedings or as expert witnesses will be a rate one-and-a-half times these Hourly Rates.Excise and gross receipt taxes,if any, will be added as an expense. Foregoing Schedule of Charges is incorporated into the Agreement for Services provided,effective January 1,2019 through December 31,2019. After December 31,2019,invoices will reflect the Schedule of Charges currently in effect. 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. 2019-552238 Town of Westlake-Wayfinding Sign Program Westlake, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/16/2019 being filed. Town of Westlake Date Acknowledged: 10/17/2019 3 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. 2019-08 Development of a Master Plan Document to provide Town Staff a guideline and template for wayfinding implementation. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Rapier, Joseph Lubbock, TX United States X Moss, Mike Lubbock, TX United States X Hamilton,John Lubbock, TX United States X Edwards,Jay Midland,TX United States X Hart, Daniel Austin,TX United States X Rangel, Ruppert Abilene,TX United States X Edwards, Zane Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 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 (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d CERTIFICATE OF INTERESTED PARTIES FORM 1295 1 of 1 Complete Nos. 1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos. 1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2019-552238 Town of Westlake-Wayfinding Sign Program Westlake, TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 10/16/2019 being filed. Town of Westlake Date Acknowledged: 3 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. 2019-08 Development of a Master Plan Document to provide Town Staff a guideline and template for wayfinding implementation. Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary Rapier, Joseph Lubbock, TX United States X Moss, Mike Lubbock, TX United States X Hamilton,John Lubbock, TX United States X Edwards,Jay Midland,TX United States X Hart, Daniel Austin,TX United States X Rangel, Ruppert Abilene,TX United States X Edwards, Zane Lubbock, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Mike Moss and my date of birth is My address is 4222 85th St. Lubbock Tx 79423 U.S. (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Lubbock County, State of TX on the 16thday of October,20 19 (month) (year) Signature of authorized agent of contracting business entity (Declarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Form TCG 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; nd 2. Companj)4o7 rael ring th term of the contract. SIGNED BY: Print Name of Person: Signing, Title, and A Company / t /` 7rW 1 !�24 Date signed: STATE OF Tla_02Lf COUNTY OF § B FORE the undersigned Notary Public on this day personally appeared Kt Or '�(Name), on behalf of�lhr ojall 105 (t 4 pany) who being duly sworn, stated under oath that he/she has read the foregoing verification requir by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWO e, [114o;—�-day ofL� fi'1� 20 . �* ale Notary Public, State of Texas V: '�= Comm. Expires 01-21-202 Notary ID 2443564 TARY OF PUBLIC, R THE STATE OF TEXAS My Commission Expires: J _ �Y Government Code § 2270.002. 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 T o w n o f WESTLAKE Regular Meeting -Action Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Conduct a public hearing and consider a resolution approving a Preliminary Site Evaluation for Schwab Way, located between State Highway 114 and J.T. Ottinger Road STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision, i ObLective High Quality Planning, Design & 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: October 14,2019 Completion Date: October 28,2019 Funding Amount: N/A Status- N/A Source-N/A Contract: No Forms: N/A ExECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) On October 29, 2018, the Town Council approved Ordinance 870, which approved a concept/development plan for Schwab Way. As a condition of the ordinance, a preliminary site evaluation for the roadway must be approved prior to the completion of the phase two portion of the roadway. Currently, the phase one portion of Schwab Way, which extends from State Highway 114 to the western edge of the phase one Charles Schwab campus, is nearing substantial completion and should be open to vehicular traffic by mid-October 2019. According to Ordinance 870 provisions, the phase two portion of Schwab Way must be complete no later than June 1, 2021, or before a final certificate of occupancy is issued for the phase portion of the Schwab campus, whichever Page 1 of 2 occurs first. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission voted to recommend approval of this item on October 14, 2019 by a (4-0)vote. SUMMARY AND RECOMMENDATION The preliminary site evaluation complies with Ordinance 870 and Code of Ordinance requirements. Therefore, staff recommends approval of this item. ATTACHMENTS Resolution Page 2 of 2 TOWN OF WESTLAKE RESOLUTION NO. 19-37 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A PRELIMINARY SITE EVALUATION FOR SCHWAB WAY,LOCATED BETWEEN J.T. OTTINGER ROAD AND STATE HIGHWAY 114 WHEREAS,the Planning and Zoning Commission held a public on October 14,2019 and voted unanimously to recommend approval of the preliminary site evaluation; and, WHEREAS, the concept/development plan for Schwab way was approved by the Town Council by Ordinance 870 on October 29, 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 October 14, 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. SECTION 4: That this resolution shall become effective from and after its date of passage. Resolution 19-37 Page 1 of 3 PASSED AND APPROVED ON THIS 28TH DAY OF OCTOBER 2049. ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 19-37 Page 2 of 3 EXHIBITS EXHIBIT A Schwab Way Preliminary Site Evaluation Resolution 19-37 Page 3 of 3 ■ - - -—-—-- -- - JI' 377 ��\ • • ` / 114 y • • TEXAS ■ ♦, 170 I- `•\ / 1 TEXAS SITE ■ �. • i / I VICINITY MAP ,•''/ tat Hi \' ♦, %' SCALE: 1 " = 2,000, \ �♦ � NORTH 74 / I I----------------f ■ \,♦- ���• • ,♦ ♦`♦ �` WESTLAKE RETAIL ASSOC. LTD CS KINROSS LAKE PARKWAY, LLC •�♦ �I 4 `•�♦�• DC 98- 0118649 TRACT 2 `�• ♦- CITY OF ROANOKE INST# 2016- 64107 - • r------------- ------------ — —� — — ♦ . -----___- TOWN OF WESTLAKE i ' SHEET 1 SHEET 2 .01 SCHWAB WAY PHASE 1 .,.. -'' /' O . .. .. ._.._ .................................. .._.—..----••----••----••----••----------------------------...... i� -/- • 1 P5�� ■ loll ------------------------- ------------------------------------------- -� /�2 .,.•—• _ ____-- — -- HW 2421 LAND, L pHASE 2 PHASE 1 P ■ � � PARCEL � / IN # 2009 5 583 R.P.R.D.C.T. 1 FLOODPLAIN 100—YEAR FEMA CURRENT EFFECTIVE (ZONE AE) ; FLOODPLAIN 100—YEAR ♦�•�♦ ♦�♦ �. PELOTON STUDY CS KINROSS LAKE PARKWAY, LLC W ■ ♦�♦41 TRACT 1 z ; / 1 ' INST# 2016- 64107 J olo 141I LAND USE SUMMARY i/ /,.._.._.._.._.._..�, ♦, /• / ■ / ------ . ! USE ACREAGE ■ /.r � /. / ' r �'••�♦441 r.►r' •�♦ i • PUBLIC ROW ±9 AC FUTURE DEVELOPMENT ±50 AC % j :•�♦ �,i �`♦ : ��. .♦ ; TOTAL ±59 AC ._..— PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING 00 0�' r�i ' sop COMMISSION FOR THE PREPARATION OF A FINAL PLAT: 1000 ■ ■■ ■ / / •• ■ MARGARET B. LEE �e♦ % •.•'� , INST # D208308067 CHAIRMAN DATE , / C.R.T.C.T. t ` . ' / 1 A co r '♦r� • •�•`•_._ SECRETARY DATE w ` ' -♦- o r._.._..,.._.._.._.._.._.. , ._.._.._.._.._.._.._...6 i♦x'�- PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE .� j PREPARATION OF A FINAL PLAT 1 . ♦y • 3 ■ j i � 1 �• MAYOR DATELu a cn /' / 1 ► 1 �. mod' • EI / / 1 i I� ' 40 ' Y / % • . SECRETARY DATE f6 1 a) ■ KEY MAP / 1 / ■ 01 a_ PROJECT NO. HWA16013 OWNER DEVELOPER PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF o FILE PATH G:JOB\ HWA16013\ENT\PPLAT SURVEYOR N SCHWAB WAY DRAWN BY CK 2PHASES PELOTON REVIEWED BY JR WESTLAKE RETAIL ASSOCIATES, LTD WESTLAKE RETAIL ASSOCIATES, LTD EXISTING PD3-5A, PD3-513, PD3-4 DATE JULY 3, 2019 NORTH 9800 HILLWOOD PARKWAY 9800 HILLWOOD PARKWAY I I I I LAN D SOLUTIONS o SUITE 300 SUITE 300 BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DATE REVISIONS o soo soo soo 9800 HILLWOOD PARKWAY SURVEY, ABSTRACT NUMBER 1154, FORT WORTH, TEXAS 76177 FORT WORTH, TEXAS 76177 SUITE 250 THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, oN GRAPHIC SCALE FORT WORTH, TX 76177 THE J. BACON SURVEY, ABSTRACT NUMBER 1565; N co PHONE: 817-562-3350 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS _- L CITY OF ROANOKE � ' w TOWN OF A = 31 °41 '1 " ■ w 1 R = 2844.80' WESTLAKE ' L = 1573.13' . w LC= N88°38'52"E — w IIIIIIIIIIIIIIIII 1553.16' — — _ — — ■ , I — rt ■ _ 377 ,•' / 1 ' ,•' e ice__ / 114 ; y 15' COMMUNICATION ESMT. TEXAS '" � ~/ VOL. 3144 PG. 359TEXAS ' 170 SITE �y I ■ 1 / VICINITY MAP SCALE: 1 " = 2,000, ' ■ NORTH A = 35°57'46" // WESTLAKE RETAIL ASSOC., LTD R = 2844.80' �! DC 98- 0118649 1 L = 1785.59' 1 LC= N54°49'26"E / `, /' ■ 1756.44 / / • EXISTING 'PD3-5A' ZONING FUTURE DEVELOPMENT ' L0 W — — III � ' w O Z / _ --- 1 ,1{�/ 1 /� A = 1 °24'13" ,- � � , -j w / = 1o24 , A 13 ' �. > w 1 w i ,,-- R = 1315.00' R = 1315.00' m > / \ /' ; w /� —��' /�� L = 32.21' L = 32.21 ' ''' ' JESSE SUTTON SURVEY ± 10 AC cn , i ,- , - ,/ LC= N89 17 43 E LC= N89°17'43"E '' ■ >' z z ' (n _ 32.21 ' ■ RICHARD EADS SURVEY ±47 AC U) O X �� EX. 40' UTILITY ESMT. ---- ° J. BACON SURVEY ±2AC 1 - J N89 59 49 E 1513.64 ■ �U U ' O , / VOL. 4247, PG. 2908 _.._...�s ._ _.; ..�:_.._. _.._.._.._.._.._. .. ................................. i ���N 1 / .. .. .• ■.�. •• • �•• ■ W ; ,' ''� M M IM M M LAND USE SUMMARY Q ------- ' � - \ � � , ' �.••r � \ / __— ---- - ------�-- ---------------------- ACREAGE w m ' Q // / V ••�,•.••'' N _ _ M=___ ----- -------- N89°59'49"E--- 1515.61' USE PUBLIC ROW ± 9AC EX. 10 UTILITY ESMT. ,- _ ___ PHASE 2 . PHASE 1 - - - - ■ •• \ M �SSSS SS SS SS SS SS ss SS ■ / D218014508 0 ; - Ss�ss FUTURE DEVELOPMENT ± 50 AC A - 55 25 03 R 1315.00 Apo-" � � _ _ - - - - - - - - -- - - - - - - - - -N89°59'49"E- - 1513.64' — TOTAL ± 59AC L = 1271 .89' psi y / LC= N60°53'0511E,1 .�, S N i o 1 A� A�' y/ 1222.89' ss/ I A = 1 °26'22�� LEGEND mil" / I .� % 55 __ ` ��' / / ' ' ► '' ems',' � N` 55/ �—--` i \i RL 130 5200' ' : 700 EXISTING MAJOR CONTOURS y / ' „;�'/ .`Jr�. ' // // ,,'' ,' ���V�� ,• � / i' /SS� �// \' I / /; ;■ EXISTING MINOR CONTOURSLC_ N ° '38"E FLOODPLAIN 100-YEAR FEMA5030.52 .� 1 I ■ CURRENT EFFECTIVE (ZONE AE) ,�' �� ' / / ' ' Cj N .•� ' ,' e5 / 1 ! i : FLOODPLAIN 100-YEAR '�'�'�'�'� PELOTON STUDY A= 55°24'0111 I ; ; � v, Q �• , vv / ■ — — — — — EXISTING EASEMENTS ��� ; / , ��(jC ' \\ /' ■ w SS SANITARY SEWER LINE �, � / .� � ;� ��' 45/ � / . A = 55022'54" L = 1223.15 �� • _ Jai / / G .' ,�' ' R = 1215.00; LC= N60 6 054,E ■ W — — W — — WATERLINE / \ 's� ��5 /� L - 1174.41 ---_ \-__, ■ W STORM DRAIN PIPE I ' ' / ,' , I I �• ' �'/ / — \LC= S60°52'01"W `��, \`� ■ PROPERTY BOUNDARY ;i/' ,�' �� / 1129.22' LOT LINE O I ' ' ' '/ i, / //I ---' --- '' ' ' z .............. PROPOSED RIGHT OF WAY J '� - f- %' / ,'' y / '\\ ,'' CS KI N ROSS LAKE PARKWAY LLC ' -------------- EXISTING RIGHT OF WAY TRACT 1 ; APPROX. TOWN LIMIT LINE O 1 - - - - - - - - - -1 I ; ' / �,/ ' /- / I N ST # 2016- 64107 ; Q APPROX. SURVEY LINE EX. 20 ESMT. RESERVATION • I NST.# 2016-64107 ; ■■■■■■■■■. PHASE LINE I R.P.R.D.C.T, EXISTING 'PD3-5B' ZONING ,i W PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING \ 00 0 / � COMMISSION FOR THE PREPARATION OF A FINAL PLAT: IN,v�� o M I EX. 15' WATER pco: ,'� %• \��o I LINE ESMT. INST.# 2018-5917 �' /�� y� i /\ I i------, /' CHAIRMAN DATE cb R.P.R.D.C.T. �i' /' - ^ / / \ \ , ' / SECRETARY DATE -'--__ \,�1 '• N 78 10 34 E Mry° ! / 0� y t''/ 1 / \�\\�a "60 \�26.87' ' "J'� / / O / �`V I / I \\ -'► / , /^\ \\ \\ ' ,'' / / \\ /' al �J^ / ` i' 0 co / / ' I I I \ \\ �- _ \ --- PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE _ "� FLOODPLAIN 100-YEAR FEMA - \ co i •. / / / . '\ \, PREPARATION OF A FINAL PLAT � , . No EXISTING 'O' \. 9,� / FLOODPLAIN 100-YEAR \,CURRENT EFFECTIVE (ZONE AE) 3 -\, S6o S ; EX. 20 UTILITY EASEMENT �• ,, ` � ZONING 0� '� 7� �9� \ p / VOL. 4247 PG. 2908 I PELOTON STUDY F �� \ p "[/ ' �O /' I I ` ��� \ \ �' /' /' ��� \ \ `� — ___r MAYOR DATE a MARGARET B. LEE 41+1 / - INST # D208308067Lu p 0, \. 601 i ! C.R.T.C.T. ; "�/ ry \. 0 \ �/ / / ,� / (s `� ` .'�j' ' / .-- -- ���---__ SECRETARY DATE `Y �� \ ' / I ,� � Y SHEET 1 OF 2 � " '♦` ' ''�� ,- ' � � -_- „-____ . ..� U I Q PROJECT NO. HWA16013 OWNER DEVELOPER PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF o FILE PATH G:JOB\ HWA16013\ENT\PPLAT SURVEYOR SCHWAB WAY DRAWN BY CK in 2PHASES PELOTION REVIEWED BY JR WESTLAKE RETAIL ASSOCIATES, LTD WESTLAKE RETAIL ASSOCIATES, LTD EXISTING PD3-5A, PD3-513, PD3-4 E DATE JULY 3, 2019 NORTH 9800 HILLWOOD PARKWAY 9800 HILLWOOD PARKWAY I I I I LAN D SOLUTIONS o SUITE 300 SUITE 300 BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DATE REVISIONS o goo zoo' soo 9800 HILLWOOD PARKWAY SURVEY, ABSTRACT NUMBER 1154, FORT WORTH, TEXAS 76177 FORT WORTH, TEXAS 76177 , SUITE 250 THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, ° oN GRAPHIC SCALE FORT WORTH, TX 76177 THE J. BACON SURVEY, ABSTRACT NUMBER 1565; N co PHONE: 817-562-3350 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS m N ■ , ♦•` / Lu ■ •�• / j Lu . �• W ' •`•� % ' w ■ •�• / i Lu ■ , � ` , U) ■ , •�• ♦ I LLJ T , , ♦ c) ; � Ives,O170 Ijj�•: 114 TEXAS tot TEXAS J SITE ; A = 31 °41'1" ayJ +r ,��• , ■ R = 2844.80' �'� �•.••`�•`• :•�.• ;/ L = 1573.13' EX. 40' UTILITY ESMT. ��• �•_� `` LC= N88°38'52"E ; VOL. 4247, PG. 2908 J ,,• -•.. `•.. VICINITY MAP 1553.16' >. `•� SCALE: 1 " = 2,000, --___ S75°49'09"E ••.�• �•�•� NORTH - 108.131 _ ___ eke . �•� •�• - - - - - - - - - - - - - - ----- 0 1 `n . ------- --_ O `�� •�• �� •_• ' •`•� `•, ' — — — — -_ S75 16 22 E - �•. �'`_. •�. '�. — — — — — — — — — — ,� 13.44' `�EX. 40' EASEMENT _ � ` '��•� • `•�•�•�•�• ' - - - - _ _ - - - \----, - N75°16'2211W RESERVATION., ,, •�•.. `•`•��:`•, 61 .551 DC 2016-64107 '� �.� .� �•�;�.�• - \\ EX. 15' COMMUNICATION EASEMENT'-.. EX. 10' UTILITY EASEMENT ` �. ` •�.�• � VOL. 3144, PG. 359 �• INST. # D218014505 , •44 ■ ' - // ..� C.R.T C.T.• •�. S67 21 • _ -610 ?S;_ 317.59' / EX. 15 WATER EASEMENT ,•• •.• �.` ■ -_ =- DC 2018-5913 �•, ' ■ I ,-c1�:,,���\\ S00°31 '47"E -. •. 11 •`•. ■ I ', __ EX. 15 COMMUNICATION EASEMENT ►� CS KINROSS LAKE PARKWAY LLC I ' I( =' ' -' \``"'` ,S75°23'35"E _==fi15--_ DC VOL. 3144 PG. 359% -���_'•• ' JESSE SUTTON SURVEY ± 10AC ■ ' , TRACT 2 / I I - , I , 33.32 s1 -____-_-_ __ _ �,,, •� RICHARD EADS SURVEY ±47 AC INST # 2016- 64107 N 17°10'09"E V 2335 ''" ; _ - _=-_ -___ J. BACON SURVEY ±2 AC ■ ' N 13 26 29 E \ ' 916 .4' '/ — — — — -_ ` LAND USE SUMMARY ■ , I I / .,, -- , ,\ i / r- - T M — _��� I <:� ` ACREAGE ■ `\ I I / , i 'i' 91 .20 USE WESTLAKE RETAIL ASSOC., LTD S - • ' ` I I , \ �\ 4 / PUBLIC ROW ± 9 AC ' I DC 98- 0118649 ; �\ /' ' �, ' FUTURE 6, / , >�� , --- • FUTURE DEVELOPMENT ± 50 AC DEVELOPMENT ° 1 11 ��� L M �, .�'►:� `- - \ ■ \ /-- EX. 20' EASEMENT-- _' ;; ; ss// S17 10 09 W S���I \ �� \ �.�.��.�;�/\ \ TOTAL ± 59 AC • / 51 .56 �s - RESERVATION --- --- r / I / ■ DC 2016-64107 - R = 400.97' { ' ! //// EX. SIGN EASEMENT — Z� \ EXISTING 'PD3-5A' ZONING I - 1 / / DC 2016-64108 s� �� _ ° , - L = 199.27 LEGEND ■ 1-------/ FUTURE DEVELOPMENT I ,;/,' A = 42 37 54 LC= N29°10'36"E/ `S SS // / ° 1 1, Ill ■ , N16 50 24 E 1 02.32 I ' / ' ��S� , / 1 ` �� �� 700 EXISTING MAJOR CONTOURS I ' R = 412.38 �'1, / , , I I S ° - • L = 306.83' 197.23 / �.' ; \\ �, �/ \ '��� \M _ , LC= N68°40'52"E / S27 34 41 W 160.61 �/ / Ss .--------- EXISTING MINOR CONTOURS ■ \ \ ' FLOODPLAIN 100-YEAR FEMA / // / \ CURRENT EFFECTIVE (ZONE AE) 299.80 ' ' // / EX. 15 SEWER EASEMENT, __//__J_ i i o `SS A FLOODPLAIN 100-YEAR / DC 2018-5914 ,, _- l- - I I ---------' ■ \ 1 , / / /� /' , __ ' I I '� \ \ \ PELOTON STUDY ■ / / , , / i / 50, ; EX. SANITARY I I I — — — — — i ' 1 �� I I ' i i �.'��%�: \ SS'� EXISTING EASEMENTS SEWER EASEMENT � � ,� , ��/ EX. 10' TRI-COUNTY EASEMENT � � \\\ \\ '�, I ' I �i � �' -%%' �' �1�� INST. # 2018-5918 - I ; \ SS SANITARY SEWER LINE SCHWAB WAY N89°59'49"E 1513.64' R.P.R.D.C.T. D218014505 , , I I �� %� // ,\\ W WATER LINE .._.._.._.._.._.._.._.. .._.._..__.._.._.._.._.. .._.._.._.._.._.. .._.._ ._�._.._.._.. .._.._.._.._.._.._.. _ ,� // ► ■ \ 1 , , I , , h I ���,� // , --------- STORM DRAIN PIPE • i EX. 5 ATMOS EASEMENT , I, - / DC2018-128975 /, , / / / PROPERTY BOUNDARY M M M M , , I \ I 1, �/„ . //, / , ------- ---------- ---- -----o--,-- „ - ----- -- �- ---- Q O -------------------�- _- % i // ,,' � �,✓ ' l 11 ' / N895949E - 1515.61 - o - - - - - - - - - � !' I LOT LINE ss s ss — ss ss s — ss ss ss //� A= 29011'26 HW 2421 LAND LP // ._.._.._.._.._ ' ' l R = 517.88 / ' '/' ' , l , // I , PROPOSED RIGHT OF WAY ____ _— ___=====N89°59'49"E== 1513.64'�===�___------=� -- —=s l� L = 263.84' (PARCEL) // / ,'' -------------- EXISTING RIGHT OF WAY ~— — r - ° �� INST# 2009-55583 I• I � � I - , . ■ LC- S42 10 23 W ■ , co \ ! 261 .00 R.P.R.D.C.T. \\i I 'i 'i ' // �' I \\\ APPROX. TOWN LIMIT LINE ■ ' -- 4----- --- -----_ i', 'I 1 /l I i \ - - - - - - - - - - APPROX. SURVEY LINE • EX. 20 ESMT. RESERVATION 1 • \ --- ° - I // I \ / \ ' `--- - N ST.# 2016-641078.75 S 17 25 21 W _ __- _ \ / \ 1 , \ \ , -, �\ \ 1 / ` \ ■■■■■■■■■■ PHASE LINE I 11 R.P.R.D.C.T. ; I `� ! ' O ,'/,/ \-.� ' EX. 5 COMM. ESMT. ; / I --- / CS KI N BOSS LAKE PARKWAY LLC DC 2019-108676 %' j / I i . / I / \ �\ �// I I I / i ' I � ' I , l , i, \ --_w• /\ , , ' PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE PLANNING AND ZONING TRACT 1 0 1 11 INST # 2016- 64107 \ / 1 , COMMISSION FOR THE PREPARATION OF A FINAL PLAT: R = 512.38 ■ ,� \ \__/ • L - 303.92 LEI ,' 299.48' / CHAIRMAN DATE ■ EXISTING PD3-5B ZONING I - _ ' ■ ,, / I \ I,- `I 1 - A- 28 28 29 ■ I , , I I co \ ,I ,I III r-- \ I , 1 C l , , , • � ._ co IG��II L = 199.27 1 1� \ /, ,/ // . ��� SECRETARY DATE G J \ 1 I \ \ /r \. a 2 Lu , \� LC= N29 10 36 E f . ■ ,' PO Qe5 1 O_J/ I,I /�� IIIIII l� \ / ' i cal 5C Z , `-C� ` -, Illll, Y \ I 197.23 w . Fz 5 I I I \ // ,FLOODPLAI N 100-YEAR uj co PELOTON STUDY i = _ ■ Get` ,' ,� PRELIMINARY PLAT APPROVED BY THE TOWN OF WESTLAKE TOWN COUNCIL FOR THE w l G /IIIIII - Ill'11 j , ,,% m WE PREPARATION OF A FINAL PLAT ■ w �S 5 FLOODPLAIN 100-YEAR FEMA II P PQ'__ ►i,' ! ; CURRENT EFFECTIVE (ZONE AE) co z O Lu MAYOR DATE a Lu `0- ■ ----- Q , '' /-� ' l ' ► i / it i SECRETARY DATE SHEET 2 OF 2 - ' / .' ' /' I ` / ,' • I Q PROJECT NO. HWA16013 OWNER DEVELOPER PLANNER / ENGINEER / A PRELIMINARY SITE EVALUATION OF FILE PATH G:JOB\ HWA16013\ENT\PPLAT SURVEYOR SCHWAB WAY DRAWN BY CK in PELOTON 2PHASES REVIEWED BY JR WESTLAKE RETAIL ASSOCIATES, LTD WESTLAKE RETAIL ASSOCIATES, LTD �� EXISTING PD3-5A, PD3-5B, PD3-4 2 DATE JULY 3, 2019 NORTH 9800 HILLWOOD PARKWAY 9800 HILLWOOD PARKWAY I I I I LAN D SOLUTIONS o SUITE 300 SUITE 300 BEING A 59 ACRE TRACT OF LAND LOCATED IN THE JESSE SUTTON DATE REVISIONS o goo zoo' soo 9800 HILLWOOD PARKWAY SURVEY, ABSTRACT NUMBER 1154, FORT WORTH, TEXAS 76177 FORT WORTH, TEXAS 76177 , SUITE 250 THE RICHARD EADS SURVEY, ABSTRACT NUMBER 393, ° oN GRAPHIC SCALE FORT WORTH, TX 76177 THE J. BACON SURVEY, ABSTRACT NUMBER 1565; N co PHONE: 817-562-3350 SITUATED IN THE TOWN OF WESTLAKE, DENTON COUNTY, TEXAS LD N Westlake Town Council TYPE OF ACTION T x E T o w n o f WESTLAKE Regular Meeting -Action Item DISTINCTIVE BY DESIGN Westlake Town Council Meeting Monday, October 28, 2019 Topic: Conduct a public hearing and consider approval of an ordinance amending Chapter 102 Zoning, Section 66 Farm Animals and Horses, Town of Westlake Code of Ordinances,regarding proposed changes to requirements for keeping certain animals on a property STAFF CONTACT: Ron Ruthven, Planning and Development Director Strategic Alignment Vision,Value,Mission Perspective Strate2ic Theme&Results Outcome ObLective High Quality Planning, Design & 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: October 14, 2019 Completion Date: October 28, 2019 Funding Amount: N/A Status- N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) Staff proposes amendments to the Town's zoning regulations in Chapter 102 Zoning of the Code of Ordinances relating specifically to the keeping of farm and grazing animals. Staff proposes eliminating the requirement for a Specific Use Permit (SUP) for the keeping of farm animals if a residential property is over two acres in size or contains a residential zoning category that restricts lots to no less than two acres in size. Farm animals are not explicitly defined in the Code of Ordinances. However, Section 102-66 states that farm animals include pigs and chickens but does not include grazing animals. Grazing animals have no SUP requirement unless a reduction in the required grazing area per animal is Page 1 of 3 requested. Grazing animals include horses, cattle, sheep and goats. According to Section 14-40 of the Code of Ordinances, grazing animals that are 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. Although the SUP requirement is contained within Chapter 102 Zoning, the primary regulations that pertain to the keeping of animals is contained in Chapter 14 Animals in the Code of Ordinances (attached). These regulations provide detailed provisions for animal nuisances that apply to any animal in the Town. Specifically with regard to pigs, Section 14-61 states: "It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town. " Therefore, the restrictions for pigs are much greater than for other farm animals such as chickens. Based on a recent inquiry regarding the keeping of chickens in Westlake, staff reviewed the regulations and recommends eliminating the SUP requirement for the larger properties given the larger amount of space for the farm animals to be located in a manner that minimizes the possibility of any nuisance issues. This is consistent with other communities with much smaller average lot sizes compared to Westlake where,particularly with chickens, demand has increased. In terms of communities surrounding Westlake, the following is summary of regulatory requirements for chickens: • Keller: No restrictions for lots over one-half acre in size. • Roanoke: Chickens must be a minimum of 100 feet from any adjacent property. • Southlake: No restrictions; chickens must be in an enclosed structure or fenced. • Trophy Club: Maximum of 4 chickens per lot; no Roosters allowed; must be placed in an enclosed structure. Nonetheless,regardless of the SUP requirement being waived, any nuisance violation as described in Chapter 14 Animals or Chapter 102 Zoning would remain fully enforceable. Based on staff research of Town archives,no SUP application has ever been considered for the keeping of a farm animal in the history of the Town;reflecting a low demand for residential farm animals specific to Westlake. Based on staff s analysis, a total of 777 lots in Westlake are currently zoned for residential uses. Of those, only 96 would be permitted to contain a farm animal without having to obtain a SUP (notwithstanding the requirements of Chapter 14). This,however, does not account for any private deed restrictions that may prohibit the keeping of farm animals. Page 2 of 3 PROPOSED AMENDMENTS The following is a mark-up of the proposed amendments: Sec. 102-66. -Farm animals and rg azing animals his. (a) Specific use permit. For any residentially zoned property that contains a zoning classification that allows for lots of less than two acres in size, a SUP is required for farm animals_ ineluding This includes chickens and swine, but excludes other than grazing animals,-andfer unless a reduction in the land area required in section 14-40 for grazing farm animals is requested. Any residentially zoned lot that exceeds two acres in size is hereby exempt from the SUP requirement. The town shall not grant a SUP for any farm or rg azing animalLsZ unless the town finds that the presence of such animalts) will not injure the use and enjoyment of neighboring properties, including the impact of dust,flies and odor. (b) General conditions. Notwithstanding the conditions in subsection (a) of this section, any residentially zoned property that contains a farm animal(s) shall adhere to the following provisions: (1) Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors,fly breeding, or in any way pose a health hazard or nuisance to humans and animalts); (2) Farm animals shall be contained in within a fenced area Fenees. or pens, corrals or similar enclosures, and shall be of sufficient height and strength to properly retain the animals and (3) All enclosures for gig any farm animaltsl shall be placed a minimum of 25 feet from the boundary of any adjoining lot or tract which is zoned for residential use. and shall be screened from view from any adjacent property including all streets, sidewalks, and/or trails,public or private. PLANNING AND ZONING COMMISSION The Planning and Zoning Commission voted to recommend approval of this item on October 14, 2019 by a (4-0)vote. SUMMARY AND RECOMMENDATION Staff believes that the proposed amendments are reasonable and adequate. Given the proposed amendments, in areas where a SUP would no longer be required, the existing regulatory requirements, including the nuisance provisions contained in the Code of Ordinances,provide for assurances that any potential issues may be effectively addressed if necessary. Staff recommends approval as proposed. ATTACHMENTS Chapter 14 Animals (for reference purposes) Ordinance 897 Page 3 of 3 10/7/2019 Westlake,TX Code of Ordinances Chapter 14-ANIMALS ARTICLE I. - IN GENERAL Secs. 14-1-14-30. - Reserved. ARTICLE II. -ANIMAL CONTROL DIVISION 1. -GENERALLY Sec. 14-31.- Definitions. The following words,terms and phrases when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Adequate fencing means fence which contains livestock or any other animal upon the owner's or occupier's property and prevents same from escaping. Animal means any live creature, both domestic and wild, except humans.The term "animal" includes fowl,fish and reptiles. Animal control authority means a municipal or county animal control office with authority over the area in which the dog is kept or the county sheriff in an area that does not have an animal control office. Animal control officer means an employee or agent of the town, designated by the town manager to administer and enforce the licensing, inspection and enforcement requirements contained within this article. Animal hospital means any establishment maintained and operated by a licensed veterinarian for surgery, diagnosis, and treatment of animal diseases and injuries. Animal nuisance means any nuisance arising out of the keeping, maintaining or owning of, or failure to exercise sufficient control of, an animal. Animal shelter means any facility operated by or contracted with the town or humane society for the temporary care, confinement and detention of animals and for the humane euthanizing and other disposition of animals. The term "animal shelter" shall also include any private facility authorized by the town manager or their designee to impound, confine, detain, care for or euthanize any animal. At large means that an animal is off the premises of the owner, and not on a leash or otherwise under the immediate control of a person physically capable of restraining the animal. Auction means any place or facility where animals are bought, sold or traded, except for those facilities otherwise defined in this chapter. This definition does not apply to individual sales of animals by owners. Cats shall mean cats of all ages, both male and female. 1/13 10/7/2019 Westlake,TX Code of Ordinances Collar means any neck restraint constructed of nylon, leather, or similar material, specifically designed to be used for an animal. Cruelty means any act or omission whereby unjustifiable physical pain, suffering or death of an animal is caused or permitted, including failure to provide proper drink, air, space, shelter or protection from the elements, a sanitary and safe living environment,veterinary care or nutritious food in sufficient quantity. In the case of activities where physical pain is necessarily caused, such as medical and scientific research,food processing, customary and normal veterinary and agricultural husbandry practices, pest elimination, and animal training and hunting,the term "cruelty" shall mean a failure to employ the most humane method reasonably available. Custodian means a person or agency which feeds, shelters, harbors, owns, has possession or control of, or has the responsibility to control an animal. Disposition means adoption, quarantine,voluntary or involuntary custodianship or placement, or euthanasia humanely administered to an animal.The term "disposition" includes placement or sale of an animal to the general public, or removal of an animal from any pet shop to any other location. Domestic animal means dogs, cats, domesticated sheep, horses, cattle,goats, swine,fowl, ducks, geese, turkeys, confined domestic hares and rabbits, pheasants, and other birds and animals raised and/or maintained in confinement. Exotic animal means any live monkey, alligator, crocodile, cayman, raccoon, skunk, fox, bear, sea mammal, venomous snake, member of the feline species other than domestic cat(Felis domesticus), member of the canine species other than domestic dog(Canis familiaris) or any other animal that would require a standard of care and control greater than that required for domestic farm animals or customary household pets sold by commercial pet shops. Fowl means chickens,turkeys, pheasant, peacocks, quail,geese, ducks or similar feathered animals, regardless of age, sex or breed. Guard dog and attack dog mean a dog trained to attack on command or to protect persons or property, and who will cease to attack upon command. Harbor means to feed or shelter an animal for three or more consecutive days. Impoundment means the taking into custody of an animal by any police officer, animal control officer, or any authorized representative thereof. Kennel means any premises wherein any person engages in the business of boarding, breeding, buying, letting for hire,training for a fee, or selling dogs or cats. Livestock means horses, mules, donkeys, cattle,goats, sheep,Asian pot bellied pigs, swine, ostriches, emus and llamas, regardless of age, sex or breed. Owner means any person having temporary or permanent custody of, sheltering or having charge of, harboring, exercising control over, or having property rights to, any animal covered by this article. Pet shop means any person, partnership or corporation,whether operated separately or in connection with another business enterprise except a licensed kennel,that buys, sells or boards any species of pets. Possession is the actual care, custody, control or management of a certain animal. 2/13 10/7/2019 Westlake,TX Code of Ordinances Premises: (1) A parcel of land (one or more contiguous lots) owned, leased or controlled by one or more persons; or (2) A building or part of a building. Prohibited animals or hazardous anima/means any animal not normally considered domesticated and capable of (or inclined to do)serious bodily harm to humans or other animals or fowl as determined by the city.These animals include(but are not limited to)any venomous lizard or snake, boa constrictor, python, emperor scorpion, bat, raccoon, skunk,fox, bear, elephant, kangaroo, non-human primate, including monkey and chimpanzee, antelope, deer, wolf or wolf-hybrid, lion,tiger, ocelot, bobcat or any other large cat, alligator, crocodile, feral swine, and their allies. Properly fitted means with respect to a collar, a collar that measures the circumference of a dog's neck plus approximately one inch. Public nuisance animal means any animal that unreasonably annoys humans, endangers the life or health of persons or other animals, or substantially interferes with the rights of citizens, other than their owners,to enjoyment of life or property.The term "public nuisance animal" shall include, but not be limited to: (1) Any animal that is repeatedly found running at large; (2) Any dog or cat in any section of a park or public recreation area unless the dog or cat is controlled by a leash or similar physical restraint; (3) Any animal that damages, soils, defiles or defecates on any property other than that of its owner; (4) Any animal that makes disturbing noises, including but not limited to, continued and repeated howling, barking,whining, or other utterances causing unreasonable annoyance, disturbance, or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (5) Any animal that causes fouling of the air by noxious or offensive odors and thereby creates unreasonable annoyance or discomfort to neighbors or others in close proximity to the premises where the animal is kept or harbored; (6) Any animal in heat that is not confined so as to prevent attraction or contact with other animals; (7) Any animal,whether or not on the property of its owner,that without provocation, molests, attacks, or otherwise interferes with the freedom of movement of persons in a public right-of-way; (8) Any animal that chases motor vehicles in a public right-of-way; (9) Any animal that attacks domestic animals; (10) Any animal that causes unsanitary conditions in enclosures or surroundings where the animal is kept or harbored; (11) Any animal that is offensive or dangerous to the public health, safety or welfare by virtue of the number of animals maintained at a single residence or the inadequacy of the facilities. Restraint means a chain, rope,tether, leash, cable, or other device that attaches a dog to a stationary objector trolley system. Sanitary means a condition of good order and cleanliness to minimize the possibility of disease transmission. 3/13 10/7/2019 Westlake,TX Code of Ordinances Secure enclosure means a fenced area or structure that is: (1) Locked; (2) Capable of preventing the entry of the general public, including children; (3) Capable of preventing the escape or release of the animal; and (4) Clearly marked as containing a dangerous animal. Stray animal means an animal which is not on a leash or enclosed in a fenced yard. Under restraint means that an animal is secured by a leash, lead under the control of a person physically capable of restraining the animal and obedient to that person's commands, or securely enclosed within the real property limits of the owner's premises. Vaccination means an injection of any vaccine for rabies approved by the state veterinarian and administered or supervised by a licensed veterinarian. Vicious or dangerous animal is one that: (1) Makes an unprovoked attack on a person or animal that causes bodily injury and occurs in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own; or (2) Commits unprovoked acts in a place other than an enclosure in which the animal was being kept and that was reasonably certain to prevent the animal from leaving the enclosure on its own and those acts cause a person to reasonably believe that the animal will attack and cause bodily injury to that person. Wild animal means any monkey, nonhuman primate, raccoon, skunk,fox, leopard, panther,tiger, lion, lynx or any other warm-blooded animal that can normally be found in a wild state.The term "wild animal" does not include domestic dogs (excluding hybrids with wolves, coyotes or jackals), domestic cats(excluding hybrids with ocelots or margays), farm animals, rodents, any hybrid animal that is part wild, and captive-bred species of common cage birds. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-32.- Nuisances. It shall be unlawful for any person to keep any animal on any property located within the corporate limits of the town when the keeping of the animal constitutes a public nuisance or menace to public health or safety. It shall create a presumption that a person has knowledge that the animal under their control is a public nuisance or is making or creating an unreasonable disturbance if such person has been notified by the animal control officer or any peace officer of such disturbance and failed or refused to correct such disturbance or prevent its recurrence. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-33.- Keeping of exotic animals. 4/13 10/7/2019 Westlake,TX Code of Ordinances It shall be unlawful for anyone to own or harbor any exotic animal without the written permission of the town manager or his/her designee. Such permission shall be given only if it is demonstrated to the satisfaction of the town manager or his/her designee that the animal will not constitute a threat to public health or safety. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-34.- Number of animals kept. (a) It shall be unlawful for any person to keep more than four dogs, cats or other animals within the town; except that a litter of pups, kittens or other young animals may be kept for a period of time not exceeding five months from birth. (b) The number of grazing animals may not exceed that allowed in section 14-40. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-35.-Caring for animals. (a) It shall be unlawful for the owner or custodian of any animal to refuse or fail to provide the animal with sufficient wholesome and nutritious food, potable water,veterinary care when needed to prevent suffering, humane care and treatment, or to unnecessarily expose the animal in hot, stormy, cold or inclement weather. (b) No owner or custodian of any animal shall willfully abandon the animal on any street, road, highway or public place, or on private property when not in the care of another person. (c) It shall be unlawful for any person to confine or allow to be confined any animal in a motor vehicle or travel trailer under such conditions or for such a period of time as may endanger the health or well-being of the animal due to heat, lack of food/water, or any other circumstance which causes suffering, disability or death of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-36.-Sanitation. (a) No owner or custodian of any animal shall cause or allow the animal to soil, defile or defecate on any public property or upon any street, sidewalk, public way, play area or common grounds owned jointly by the members of a homeowners or condominium association, or upon private property other than that of the owner, unless the owner or custodian immediately removes and disposes of all feces deposited by the animal by the following methods: (1) Collection of the feces by appropriate implement and placement in a paper or plastic bag or other container; and (2) Removal of the bag or container to the property of the animal owner or custodian and disposition thereafter in a manner as otherwise may be permitted by law. (b) No person owning, harboring or keeping an animal within the town shall permit any waste matter from the animal to collect and remain on the property of the owner or custodian, so as to create an unhealthy, unsanitary, dangerous or offensive living condition on the owner's or custodian's property, or to abutting property of others. 5/13 10/7/2019 Westlake,TX Code of Ordinances (c) No person owning, harboring, keeping or in charge of any animal shall cause unsanitary dangerous or offer conditions by virtue of the size or number of animals maintained at a single location or due to the inadequa facilities. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-37.- Injuring and poisoning of animals prohibited. (a) It shall be unlawful for any person to willfully or maliciously strike, beat, abuse, or intentionally run down with a vehicle any animal, or otherwise engage in any act to cause or inflict unnecessary pain, injury, suffering or death to the animal; except that reasonable force may be used to drive away vicious or trespassing animals. (b) No person, except a licensed veterinarian for humanitarian purposes, shall administer poison to any animal, or knowingly leave any poisonous substance of any kind or ground glass in any place with the intent to injure any animal.The provisions of this section are not applicable to licensed exterminators using poisons as part of a pest control program or the use of commercial insecticides and rodent baits used to control insects and wild rodents. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-38.- Disposition of large animals. Any animal control officer or other designated person on call who removes a large animal such as a horse, cow, mule or any other animal not acceptable by any animal hospital or shelter shall be authorized to call a trucking firm or company which shall convey the animal to a farm or other appropriate facility that has an agreement with the town to accept such animals.The disposition of any animal removed to a facility other than an animal hospital or shelter shall be handled in the same manner as though the animal were confined in an animal hospital or shelter. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-39.-Vaccinations; registration. (a) Registration. (1) To aid in identification of the pet owner and return of the animal in the event of impoundment, all dogs and cats must be registered with the animal control authority. (2) All dogs and cats within the city,four months of age or older, shall be registered annually. (3) It shall be an offense to own or harbor a dog or cat without registering said dog or cat annually. (4) In order to register a dog or cat,the owner or harborer of the dog or cat must present to the animal shelter a certificate from a licensed veterinarian showing that said dog or cat has been vaccinated within the preceding 12 months with a one-year serum, or within the preceding 36 months with a three-year serum. Such vaccination certificate shall reflect the name of the owner, his/her address, a description of the dog or cat,the date of the vaccination,the number of the vaccination tag, and the kind of vaccination used. The veterinarian shall provide the owner with a metal tag, on one side of which is stamped the words "vaccinated against rabies", the date of the vaccination,veterinarian, business name, and control number.This tag shall be securely attached to the collar or harness of the dog or cat at all times, and will aid in the identification of the animal. 6/13 10/7/2019 Westlake,TX Code of Ordinances (5) Upon presentation of a certificate of vaccination and a completed application for a license to the animal shelter, an animal control officer will file the application and certificate for retention by the animal control officer and issue the owner of the dog or cat a metal tag to be securely attached to the collar or harness of the dog or cat. The tag must be worn at all times. If the original current registration tag is lost or destroyed,the owner must obtain a duplicate by paying a fee. (6) Registration shall be renewed annually. (7) If there is a change in ownership,the new owner shall have the registration transferred to his name within ten days. (8) All fees for registration, duplicate tags, and registration transfer shall be the fees designated by the fee ordinance. (b) Vaccination. It shall be unlawful for any person within the town to own, keep, possess, harbor, or allow to remain upon the premises under his/her control any dog or cat without having proof that such animal is immunized against rabies as required by this section. (c) This vaccination or registration requirements of this section shall not apply to fish, birds, ungulates, or any of the following list of animals: hamsters,guinea pigs, rabbits, rats, mice,gerbils. (d) The vaccination requirements of this section shall not apply to any animal which in the opinion of the licensed veterinarian would be endangered by rabies vaccination. (e) It shall be the duty of the owner, custodian or veterinarian to report to the animal control authority all cases of rabies or suspected rabies which the owner, custodian or veterinarian knows or should know. Any animal that has or is suspected of having rabies,that has symptoms of rabies, has been exposed to rabies or some other facts suggest that rabies is a concern in regard to the animal shall be quarantined as required by law and direction of the designated animal control authority or the town manager or designee. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-40.-Area for keeping grazing animals. Grazing animals 500 pounds or greater, including horses and cattle, must have a minimum fenced or enclosed area of 40,000 square feet per animal. Grazing animals of less than 500 pounds, including sheep and goats, must have a minimum fenced or enclosed area of 15,000 square feet per animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-41.- Enforcement. (a) Animal control officers, contracted with the town or other designees of the town manager, shall be the enforcement officials for this article.These officials, along with police officers, shall have the authority to act on behalf of the town in investigating complaints, impounding and destroying animals, issuing citations, and taking other lawful actions as required to enforce the provisions of this article. (1) It shall be unlawful to fail to appear in accordance with the terms of a citation issued by the animal control officers. (2) If the person being cited is not present,the animal control officer may send the citation to the registered owner or alleged offender by certified mail, return receipt requested, or by a recognized 7/13 10/7/2019 Westlake,TX Code of Ordinances overnight delivery service or by hand delivery, whereupon service shall be deemed complete. (3) It shall be a violation of this article to interfere with any animal control officer or other enforcement official in the performance of his duties. (4) The animal control officer shall have the right of ingress and egress on private property for the purpose of apprehending animals at large or upon having probable cause to believe the animal to have bitten, injured or otherwise attacked a human being or other animal or to have, or have been exposed to, rabies or another communicable disease posing a danger to the public health, safety or welfare, or otherwise pose a clear and present danger to human beings or other animals.An animal control officer shall apply for a warrant where necessary. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-42.-Violations and penalties. (a) It shall be a violation of this article to: (1) Fail to comply with any provision of this article; and (2) Fail to comply with any lawful order of the animal control officer, or police officer unless the order is lawfully stayed or reversed. (b) Any person who violates any provision of this article shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $50.00 nor more than $500.00 If a violation continues, each day's violation shall be deemed a separate offense. (Ord. No. 782, § 2, 4-25-2016) Secs. 14-43-14-60. - Reserved. DIVISION 2. - HOGS OR SWINE Sec. 14-61.- Keeping of hogs or swine; restrictions. It shall be unlawful for any person to keep, harbor or raise within the limits of the town more than two hogs or swine per acre of landholdings of such person within the limits of the town, or to construct, erect or maintain any pen or other enclosure for such animals which is not less than 1,000 feet from any property adjoining the property of the person keeping, harboring or raising such animals and not less than 1,000 feet from any public road within the limits of the town. (Ord. No. 782, § 2, 4-25-2016) Secs. 14-62-14-80. - Reserved. DIVISION 3. - RESTRAINT; CONFINEMENT;ANIMALS AT LARGE; IMPOUNDMENT; UNLAWFUL RESTRAINT OF DOG Sec. 14-81.- Restraint and confinement generally. 8/13 10/7/2019 Westlake,TX Code of Ordinances (a) It shall be unlawful for the owner of any animal to fail to keep the animal under restraint or to permit the ar at large upon the streets and public ways of the town. (b) Any dog,while on a street, sidewalk, public way or in any park, public square, or other public space, or upon any private property without the consent of the owner, shall be secured by a leash or chain of sufficient tensile strength to restrain the particular dog. (c) No owner or custodian of any animal shall fail to exercise proper care and control of the animal to prevent the animal from becoming a public nuisance. (d) Every female dog or cat in heat shall be confined in a building or other enclosure in such a manner that the female dog or cat cannot come into contact with another animal except for planned breeding. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-82.- Unlawful restraint of dog. (a) Prohibited acts.An owner may not leave a dog outside and unattended by use of a restraint that unreasonably limits the dog's movement: (1) Between the hours of 10:00 p.m. and 6:00 a.m.; (2) Within 500 feet of the premises of a school; or (3) In the case of extreme weather conditions, including conditions in which: a. The actual or effective outdoor temperature is below 32 degrees Fahrenheit; b. The temperature exceeds 99 degrees Fahrenheit; or c. A heat advisory has been issued for the jurisdiction by the National Weather Service. (b) Restraints. In this section, a restraint shall be presumed to unreasonably limit a dog's movement if the restraint: (1) Uses a collar that is a pinch-type, prong-type, or choke-type or that is not properly fitted to the dog; (2) Is a length shorter than the greater of: a. Five times the length of the dog, as measured from the tip of the dog's nose to the base of the dog's tail; or b. Ten feet; (3) Is in an unsafe condition; or (4) Causes injury to the dog. (c) Affirmative defenses.The following shall be an affirmative defense to subsection (a): (1) A dog restrained to a running line, pulley or trolley system and that is not restrained to the running line, pulley, or trolley system by means of a pinch-type, prong-type, choke-type or improperly fitted collar; (2) A dog restrained in compliance with the requirements of a camping or recreational area as defined by a federal, state or local authority or jurisdiction; (3) A dog restrained for a reasonable period, not to exceed three hours in a 24-hour period and no longer than is necessary to allow the owner to complete the temporary task that requires the dog to be restrained, but those three hours cannot be within the prohibited times of 10:00 p.m.to 6:00 a.m. set forth above; 9/13 10/7/2019 Westlake,TX Code of Ordinances (4) A dog restrained while the owner is engaged in, or actively training for, an activity that is conducted pu license issued by the State if the activity for which the license is issued is associated with the use or pr( (d) Penalty. (1) A person commits an offense if the person knowingly violates this section. (2) A peace officer or animal control officer who has probable cause to believe that an owner is violating this Section shall provide the owner with a written statement of that fact.The statement must be signed by the officer and plainly state the date on which and the time at which the statement is provided to the owner. (3) A person commits an offense if the person is provided with a statement described in subsection (d) (2)and fails to comply with this section within 24 hours of the time the owner is provided with a statement.A first time offense under this section is a class C misdemeanor. If a person has been previously convicted of this offense,the person shall be prosecuted under state law, providing for a more serious penalty. (4) If a person fails to comply with this section with respect to more than one dog, the person's conduct with respect to each dog constitutes a separate offense. (5) A person may be prosecuted under this law or any other law or both. (e) This section does not prohibit a person from walking a dog with a hand-held leash. (f) This section does not authorize a person to allow a dog to run at large. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-83.- Restraint of guard dogs. (a) Every owner of a guard dog or of an attack dog shall keep the dog confined in a building, compartment or other enclosure.Any such enclosure shall be completely surrounded by a fence at least six feet in height and shall prevent the dog from escaping or climbing out of the enclosure. (b) The areas of confinement shall all have gates and entrances thereto securely closed and locked, and all fences properly maintained and escape proof. (c) The provisions of this section shall not apply to dogs owned or controlled by government law enforcement agencies. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-84.- Restraint of dangerous/vicious animals; procedures and hearing. (a) Every vicious animal shall be confined by its owner or an authorized agent of its owner within a building or secure enclosure and,whenever off the premises of its owner, shall be securely muzzled and restrained with a chain having a minimum tensile strength of 300 pounds and not more than three feet in length, or caged. Every person harboring a vicious animal is charged with an affirmative duty to confine the animal in such a way that children do not have access to the animal. (b) Report of attack.The animal control department may receive a report concerning a dog or animal, which has bitten or attacked a human or animal.A complainant,who wishes the matter be heard, must file with the Westlake Municipal Court, a written sworn complaint that must contain the following known information: 10/13 10/7/2019 Westlake,TX Code of Ordinances (1) Name, address, and telephone number of the complainant and any other witnesses; (2) Date,time and location of incident(s); (3) A complete description of the dog or animal (breed, if known, as well as color and size); (4) Name, address and telephone numbers of owners, if known, or the premises where the dog or animal is located; (5) A statement that the dog or animal has bit or attacked a person or animal; (6) A statement that the dog or animal has exhibited vicious propensities in its past conduct; and (7) Any other facts and circumstances relating to the incident. (c) Procedure after complaint is filed.After a sworn affidavit(complaint) is filed,the animal control department shall investigate the complaint to determine if the dog or animal is dangerous. (d) Animal service findings.The animal control department shall make a finding regarding whether or not the dog or animal is dangerous. If the dog or animal is found to be dangerous, animal services shall notify the owner of the determination by personal service or certified mail - return receipt request.The notification will advise the owner of the right to appeal and will require that the owner perform the following requirements within 30 days from receipt of the notice: (1) Register the dangerous dog or animal with the animal control department. (2) Restrain the dangerous dog or animal at all times on a leash, in the immediate control of an adult, who is at least 17 years of age, or in a secure enclosure. (3) Obtain and provide proof to the animal control department of liability insurance coverage or provide proof of such liability insurance or proof of current financial responsibility, in an amount of at least$100,000.00 to cover damages resulting from an attack by the dangerous dog or animal causing bodily injury or other damage to a person. (4) Post on all fences that face public areas, signs that state in bold letters "DANGEROUS ANIMAL."All signs must be obtained from and approved by the animal control department. (5) Require that the dangerous dog or animal wear an orange collar and red tag at all times.All collars and tags must be obtained from and approved by the animal control department. (e) Appeal of determination.The owner of a dangerous dog or animal may appeal animal services determination to the municipal court no later than the 15th calendar day after being notified of the animal service determination.The municipal court shall conduct a hearing within 15 days,to determine if the dog or animal is dangerous.At such hearing the municipal court may receive testimony concerning the incident under investigation, and/or consider the affidavits and/or complaints on file,to determine if the dog or animal is dangerous. If the dog or animal is found dangerous,the municipal court shall,for the protection of the public health, safety, and welfare of the community, mandate compliance with subsection (d), or determine whether the dog or animal should be removed from the corporate town limits, humanely destroyed by animal services, a veterinarian, or released to an animal rescue organization. (f) Procedure when no appeal. (1) If the owner of the dangerous dog or animal does not comply with subsection (d)(1),(2), or(3), within 30 days of being notified the animal has been found dangerous, nor has appealed pursuant to subsection (e),the owner shall surrender the animal to the animal control department. If the owner 11/13 10/7/2019 Westlake,TX Code of Ordinances does not surrender the animal,then the animal control officer shall obtain from the municipal court, a warrant, authorizing the animal control department to seize the animal.Thereafter,the animal control department shall seize the animal, or order its seizure, and provide a secure and humane place for the impoundment of the animal. (2) If the owner complies with subsection (d)(1), (2), and (3), before the 11 th day on which the dangerous dog or animal was seized or was surrendered to the animal control officer,the municipal court shall order the return of the dangerous dog or animal. (3) If the owner has not complied with subsection(d)(1)(2), and (3), before the 11th day on which the dangerous dog or animal was seized or surrendered to the animal control department,the municipal court shall,for the protection of the public health, safety, and general welfare of the community, determine whether the animal should be removed from the corporate town limits, humanely destroyed by the animal control department, a veterinarian, or released to an animal rescue organization. (4) The owner of an impounded dangerous dog or animal shall be held responsible for any cost or fee assessed by the city related to the seizure, impoundment, and destruction of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-85.- Property owners may impound. Any person finding an animal at large upon his/her property may remove the animal to any animal shelter that will take possession of the animal. If no shelter is available,the property owner may hold the animal in his/her own possession, and as soon as possible, notify the animal control officer.The property owner shall provide a description of the animal and the name of the owner if known.The animal control officer shall take possession of the animal. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-86.- Return of animal/notification to owner. (a) If the name of the owner or custodian of an animal found at large is known or can be obtained with reasonable dispatch,the animal control officer shall return the animal to the residential address of the owner. If there is no one present,the animal control officer shall leave written notice of whom the owner must contact to reclaim the animal.The officer shall then remove the animal to the nearest animal hospital or shelter that will accept the animal. (b) The animal control officer will also scan the animal for a microchip and inspect said animal to locate any tattoo that would assist in the notification and return of the animal to the registered owner. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-87.- Impoundment. (a) In addition to any other remedies provided in this article, an animal control officer or a police officer may seize, impound and humanely confine to an animal shelter or hospital any of the following animals: (1) Any dog or cat without valid proof of rabies vaccination; (2) Any animal at large; 12/13 10/7/2019 Westlake,TX Code of Ordinances (3) Any animal constituting a public nuisance or considered a danger to the public; (4) Any animal that is in violation of any quarantine or confinement order required by the town; (5) Any unattended animal that is ill, injured or otherwise in need of care; (6) Any animal that is reasonably believed to have been abused or neglected; (7) Any animal that is reasonably suspected of having rabies; (8) Any animal that is charged with being potentially dangerous, or dangerous where any animal control officer or the town manager determines that there is a threat to public health and safety; (9) Any animal that a court of competent jurisdiction has ordered impounded or destroyed; (10) Any animal that is considered unattended or abandoned, as in situations where the owner is deceased or has been arrested or evicted from his/her regular place of residence. (b) An animal control officer or police officer may also, or in lieu of impoundment, issue to the owner a notice of violation which will be filed with the municipal court. (Ord. No. 782, § 2, 4-25-2016) Sec. 14-88.- Notice to owner and redemption. (a) Upon impoundment of an animal,the animal control officer shall immediately attempt to notify the owner by telephone,visit to residence or certified mail. If the owner is unknown,the animal control officer shall post written notice for three consecutive days at the Westlake town hall describing the animal and the time and place of taking.Any notice to the owner shall also include the location of the shelter or hospital where the animal is confined, hours during which the animal can be reclaimed, and fees to be charged to the owner. The owner shall also be advised that the failure to claim the animal within a specified period of time may result in the disposition of the animal. (b) An owner reclaiming an impounded animal shall pay the fee of the appropriate shelter where his/her animal has been impounded.The daily rate charged for any subsequent impoundment occurring within 12 months shall be double at the rate which was charged for each day of confinement during the first impoundment. (c) Any animal not reclaimed by its owner within ten working days shall become the property of the town and shall be placed for adoption in a suitable home or euthanized in a humane manner. (d) Every reasonable effort shall be made by the animal control officer,to include but not limited to, contact the animal owner by telephone, email, or any other available means of contact in an effort to notify the owner of an impounded animal. (Ord. No. 782, § 2, 4-25-2016) 13/13 TOWN OF WESTLAKE ORDINANCE NO. 897 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102 ZONING, ARTICLE III, PERMISSIBLE USES. DIVISION 1, GENERALLY, SECTION 102-66; 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, Chapter 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66 provides certain regulations for the keeping farm animals and provides for a Specific Use Permit requirement for the keeping of farm animals and for reductions in the minimum area requirements for certain grazing animals; and WHEREAS, the Town of Westlake seeks to balance sensible regulations for farm animals in the Town through said amendments while minimizing any potential animal related nuisances; and, WHEREAS, upon the recommendation of staff to amend Chapter 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66, 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 102 Zoning, Article III, Permissible Uses, Division 1, Generally, Section 102-66 of the Town of Westlake Code of Ordinances, as amended, is hereby amended in its entirety as follows: Sec. 102-66. - Farm animals and grazing animals. (a) Specific use permit. For any residentially zoned property that contains a zoning classification that allows for lots of less than two acres in size, a SUP is required for farm animals. This includes chickens and swine, but excludes grazing animals unless a reduction in the land area required in section 14-40 for grazing farm animals is requested. Any residentially zoned lot that exceeds two acres in size is hereby exempt from the SUP requirement. The town shall not grant a SUP for any farm or grazing animal(s) unless Ordinance 897 Page 1 of 3 the town finds that the presence of such animal(s) will not injure the use and enjoyment of neighboring properties, including the impact of dust, flies and odor. (b) General conditions. Notwithstanding the conditions in subsection (a) of this section, any residentially zoned property that contains a farm animal(s) shall adhere to the following provisions: (1) Ground accumulations of manure shall be collected and properly disposed of so as not to create offensive odors, fly breeding, or in any way pose a health hazard or nuisance to humans and animal(s); (2) Farm animals shall be contained in within a fenced area or pens, corrals or similar enclosures, and shall be of sufficient height and strength to properly retain the animal(s); and (3) All enclosures for any farm animal(s) shall be placed a minimum of 25 feet from the boundary of any adjoining lot or tract which is zoned for residential use, and shall be screened from view from any adjacent property including all streets, sidewalks, and/or trails, public or private. 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 897 Page 2 of 3 PASSED AND APPROVED ON THIS 28t" DAY OF OCTOBER 2019 ATTEST: Laura Wheat, Mayor Kelly Edwards, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 897 Page 3 of 3 Town Council 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 - 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 c. 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney — to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development Town Council Item # 7 — Reconvene Council Meeting Town Council Item # 8 — Necessary Action NECESSARY ACTION 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 - 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 c. 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: possible litigation regarding House Bill 1152 — Franchise fees d. Section 551.071(2) Consultation with Attorney —to seek advice of counsel on matters in which the duty of the Town Attorney under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Government Code - FM 1938 access for proposed Southlake development Town Council Item # 9 — 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. None Town Council Item # 2 — Adjournment Regular Session