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HomeMy WebLinkAbout10-26-20 TC Agenda Packet TOWN OF WESTLAKE TOWN COUNCIL MEETING AGENDA 1500 SOLANA BLVD, BUILDING 7, SUITE 7100, COUNCIL CHAMBER WESTLAKE, TX 76262 T H r r o w N � F October 26, 2020 VIA VIRTUAL MEETING W ESTLAKE 5:00 P.M. In accordance with Order of the Office of the Governor issued March 16, 2020 and March 19, 2020, the Town Council of the Town of Westlake will conduct this virtual meeting at 5:00 p.m. on Monday, October 26, 2020 by video and telephonic conference in order to advance the public health goal of limiting face-to-face meetings (also called "social distancing") to slow the spread of the Coronavirus (COVID-19). There will be no public access to the physical location described above. A recording of the virtual meeting will be made and will be available to the public in accordance with the Open Meetings Act. Instructions for public participation in the meeting by video conference and telephonic conference are as follows: Bv Video: Bv Telephone: http://bit.ly/towtc102620 Local: (346) 248-7799 Webinar ID: 884 9042 1469 Webinar ID: 884 9042 1469 Passcode: 513759 Passcode: 513759 l/ision Statement An oasis ofnatural beauty that maintains our open spaces in balance with distinctive deve%pment, trails, and quality of life amenities amidst an ever expanding urban landscape. Reuular Session 1. CALL TO ORDER 2. CITIZEN COMMENTS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the '�Raise Hand" button on the screen. Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the '�Raise Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to '�Raise their hand" to speak. Persons joining the meeting by teleconference may mute and unmute their phones by pressing star- 6 (*6). TC Agenda- 10/26/20 Page 1 of 4 Citizens will be placed in a queue based on the order the hands were raised. The presiding ofFicer will recognize callers based on the order of the queue, where they will be asked to state 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. 3. 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. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting on September 14, 2020. 5. DISCUSSION ITEMS a. Presentation and discussion regarding the City of Southlake's offer to purchase right-of- way for access on FM 1938 related to a proposed development within the City of Southlake. 6. CONSIDER APPROVAL OF RESOLUTION 20-32, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT WITH C. GREEN SCAPING, LP FOR INSTALLATION OF A CONCRETE TRAIL ON THE EAST SIDE OF PEARSON LANE FROM DOVE ROAD TO WYCK HILL LANE AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. 7. CONSIDER APPROVAL OF ORDINANCE 917, AMENDING ORDINANCE 756 AND PROVIDING A FIVE (5) YEAR EXTENSION OF THE FRANCHISE AND A BASE RATE ESCALATION FACTOR IN ACCORDANCE WITH THE ORIGINAL TERMS OF ORDINANCE 408; AMENDING ORDINANCE 858 BY REPEALING APPENDIX ��A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1, 2018 AND REPLACING WITH APPENDIX ��A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JANUARY 1, 2021; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THIS AMENDMENT; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES. TC Agenda— 10/26/20 Page 2 of 4 8. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF RESOLUTION 20-33, APPROVNG A FINAL PLAT FOR SCHWAB AT LAKE TURNER ADDITION LOT 1 BLOCK A, AN APPROXIMATELY 71.1394-ACRE PORTION OF PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B (PD3-5B). 9. CONDUCT A PUBLIC HEARING AND CONSIDER APPROVAL OF ORDINANCE 918, AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PD 1-2), COMMONLY KNOWN AS ENTRADA, LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD.,AND SOUTH OF STATE HIGHWAY 114; AND AMENDING ORDINANCE 830, WHICH AMENDED ORDINANCE 720; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. 10. 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: - Front 44 - Entrada b. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding drainage matters within Vaquero. 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. COUNCIL RECAP/STAFF DIRECTION 14. 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. TC Agenda— 10/26/20 Page 3 of 4 15. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 1500 Solana Blvd., Building 7, Suite 7100, Westlake, TX 76262, October 23, 2020, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. Todd Wood, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary's Office 48 hours in advance at 817-490-5711 and reasonable accommodations will be made to assist you. TC Agenda— 10/26/20 Page 4 of 4 Town Cou nci I Item #2 — 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. For those joining by videoconference: Any person desiring to make a public comment using a Windows computer must first press the "Raise Hand" button on the screen. Alternatively, the AIt+Y keyboard shortcut may be used to raise or lower their hand. Any person desiring to make a public comment using a Mac computer must first press the "Raise Hand" button on the screen. Alternatively, the Option+Y keyboard shortcut may be used to raise or lower their hand. For those joining by teleconference: Any person desiring to make a public comment must first press star-nine (*9) on their telephone keypad to "Raise their hand" to speak. Persons joining the meeting by teleconference my mute and unmute their phones by pressing star-6 (*6). Citizens will be placed in a queue based on the order the hands were raised. The presiding ofFicer will recognize callers based on the order of the queue, where they will be asked to state 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. 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) Town Cou nci I 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. Item # 3 — Items of Additiona/Items Community Interest • Niche rankings • Trunk or Treat Update • Virtual Coffee &Conversation • Via Teleconferencing Ca/endar ofMeetings/Events: Town Council Work Session/Meeting Monday, October 26, 2020; 5:00 pm* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - via Teleconferencing Board of Trustees Work Session/Meeting Monday, November 2, 2020; 5:00 pm* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - via Teleconferencing Election Day Tuesday, November 3, 2020 Planning &Zoning Work Session/Meetinq Monday, November 9, 2020; 5:00 pm* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - via Teleconferencing Westlake Municipal Offices CLOSED for Thanksgiving Holiday Thursday and Friday, November 26 & 27, 2020 Holiday impacts to your trash and recycling schedule will be displayed at least a week before each major holiday. Please call Republic Services Customer Response Team at 602-237-2078 with any additional questions you may have about your holiday schedule. Town Council Work Session/Meeting Monday, November 30, 2020; 5:00 pm* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - via Teleconferencing Town Council Work Session/Meeting Monday, December 14, 2020; 5:00 pm* Westlake Town Hall, Solana Terrace-BIdg.7, Suite 7100 - via Teleconferencing Westlake Municipal Offices CLOSED for Christmas Holiday Thursday and Friday, December 23 & 25, 2020 Holiday impacts to your trash and recycling schedule will be displayed at least a week before each major holiday. Please call Republic Services Customer Response Team at 602-237-2078 with any additional questions you may have about your holiday schedule. *Reminder:Agendas for all municipal/academic meetings are posted a minimum of 72 hours before the meeting begins anc!can be founcl on our Town's website under the tab "Government/Aqendas&Minutes." **For meeting aqendas and detai/s on WA ca/endar events or Municipa/ca/endar events,p/ease �isit the West/ake Academy website or the Town of Westlake website for further assistance. Town Council Item # 4 — 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 14, 2020. Town Council Item #5 — Discussion Items DISCUSSION ITEMS a. Presentation and discussion regarding the City of Southlake's offer to purchase right-of-way for access on FM 1938 related to a proposed development within the City of Southlake. Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Workshop - Discussion Item oisriNcrivE sv oEsicN Westlake Town Council Meeting Monday, October 26, 2020 ToPrc: Presentation and discussion regarding the City of Southlake's offer to purchase right-of-way for access on FM 1938 related to a proposed development within the City of Southlake. STaFF CoNTaCT: Jarrod Greenwood, Assistant Town Manager Strategic Alignment i i � . � . . , ; . . � � - � � High Quality Planning,Design& Development-We are a desirable Increase Fiscal Responsibility Municipal& Well planned,high-quality Transparency, Academic Operations Accessibility& community that is distinguished by Communications exemplary design standards. � Outsidc thc Scope of Idenrified Strategic Iniriatives Time Line - Start Date: October 26, 2020 Completion Date: October 26, 2020 Funding Amount: N/A Status - � Not Funded Source -N/A EXECUTIVE SUMMARY(TNCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The City of Southlake has approached Town staff requesting access to FM 1938 for a proposed thirteen (13) lot single family residential development that was approved by Southlake City Council in October 2019. We have received an offer of $22,500 to purchase the right-of-way owned by the Town of Westlake. The property was originally a large estate residential lot and is located at the dead-end of Maranatha Way and abuts Town of Westlake right-of-way. ATTACHMENTS City of Southlake Initial Offer to purchase right of way Page 1 of 1 TC�SE 6000WP57ERNPLACE,SUITE200 TAYLOR'O�SON�ADKINS �S�LLA�ELAM �TOLLFREE:(S00)31R3400 i30ATBRYANTIRVIh ROAD FORT WORTH,TEXAS 76107 "��' FACSQdILE:(817)332-4740 EMAIGTOASECTOASE.COM A T? 0 R N E Y S 3 C C U A j `_ L 0 R 5 WEBSITE:RRVW.TOASE.COM Bradlcy A.Andede,Attomey bandede@toaze.com �Ctd'C�ei 1�; �Qzff Ms. Amanda DeGan, Town Manage: CERTIFIED MAIL '�: 70092820000275988614 , Town of Westlake and REGULAR MAIL 1500 Solana Blvd. (The Terrace} Bldg. 7, Suite 7200 Westlake, TX 76�62 RE: INIT&AL OFFER—Town �f�'est�ake, Texas City o#�Southlal:e Davis Boulevard (�Td 19301 Access Involving R:ght-of-Way, 1,4I4 sq. ft. Fee Simple Acquisition From the FM-1938 �orridor in West'_ake, Tarrant County, Texas Dear Ms. DeCran: I am one of the City Attorneys for the City of So�rthlake, "I'exas ("ihe City"). I have been asked by the City to contact you_egarding the City's need to acquire an approximate 1,414 square foot tract of property owned by the =own of Westlzke ("the Town") as fee simple Right-of-Way in order to provide public access to Davis Boulevard (FM 1930). This letter will follow-up previous verbal and/or cvritten comrnunicaiians thne City has had with the Town's Attorney, Stan Lowry, regarding the Ciry's need to acquire a iee simple l2'aght-of-Way in the property owned by the Town of Westlake. T'his acquisition is necessary for the public use and pwpose of constructing and providing public access to Davis Boulevard (FM 1930). Inasmuch as attempts to negotiate thz Right-of-Way acquisition have not been successful to date, I am making tius formai initial oifer to you, as the property oa-ner, in accordance with Chapter 21 of the Texas Property Code as the firsT step in the process of acquiring the Right-of- Way necessary for this publ_ic projeci by eminent domain. It is the City's desire to work with you to come to an agreement `or the Citv`s acquisition of the Right-of-Way without the need for eminent domain, if possible. I a_m enclosing a copy of the :exas Londowner's�ill og�i�hts, as required by law. I have also enclosed a survey of the Right-of-Way and a cc�py of an appraisal report for the necessary Right-oi-W'ay, dated September 10, 2020. As you wiL1 see from the enclosed appraisal repo�, the fair mar'_�cet value of the Right-of- Way has been established at $2?,500. T�e City 7�as avthor'szed �� t� offer the amount of $22,500.00 as total co�pe�sation fmr tlae acquisition of�he Right-mf�Way,subject to securing clear title to the Right-of-Way. October 13, 2020 Page Z You have the right to discuss with others any offer or agreernent regarding the City's acquisition of the Right-of-Way, or you may (but are not required to) keep the offer or agreement confidential from others, subject to the provisions of Chapter 552, Govemment Code (the Public Record Act). If you desire to accept or to discuss This offer, please contact me at the telephone number listed above within thirty (30) days from the date of this letter. If so, the City will prepaze the necessary conveyance documents for your review. The City would like to resolve this matter with you by agreement, but in the event an agreement cannot be reached on the acquisition, the City will seek to acquire the necessary Right-of-Way through the City's power of eminent domain. We hope this will not be necessary and that you will give this offer serious consideration. If you have any questions or if you wish to discuss this matter or the City's offer in more detail, please do not hesitate to contact me. If I am unavailable, please ask to speak with Deb Pointer, the paralegal assigned to this matter. Sincerely � s�� �� Bradley An�efle BAA/ddp Enclosures: Texas Landowner's Bill of Rights Survey of Right-of-Way Appraisal Report Dated September 10, 2020 cc: Mr. Stan Lowry, Town Attorney REGULAR MAIL Town of Westlake (with enclosures, as noted) Boyle & Lowry, LLP 4201 Wingren, Suite 108 Irving, TX 7�062 Mr. Ken Baker, Sr. Director, Plamiing & Zoning, City of Southlake ELECTRONICALLY Ms. Shana Yelverton, Ciry Manager, City of Southlake ELECTRONICALLY E. Allen Taylor, Jr. and Cara Leahy White, of the firm Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Regular Meeting - Action Item o i sr i N o r i v E s v o E s i c N Westlake Town Council Meeting Monday, October 26, 2020 ToPrC: Consider a Resolution authorizing the Town Manager to enter into an agreement with C. Green Scaping, LP to install an 8-foot concrete trail on the east side of Pearson Lane from Dove Road to Wyck Hill Lane and authorize Town staff to make funding changes not to eXceed $25,000 on this project. STaFF CoNTaCT: Troy J. Meyer, Director of Public Works &Facilities Strategic Alignment i i � . � . . , � . . � � - � i 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,Faciliries, & our residents and businesess Technology unparalleled municipal and Faciliries& with superior municipal and educational services at the lowest Equipment academic services that are cost. accessible, efficient, cost- effective,&trans arent. . , Comprehensive Plan Project Review Time Line - Start Date: October 5, 2020 Completion Date: December 31, 2020 Funding Amount: $110,981 Status - � N/A Source- Capital Projects Fund EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) This project includes installing a trail on the east side of Pearson Lane from Dove Road to Wyck Hill Lane that is eight (8) feet in width. To preserve the trees along the trail, there will be small sections of the trail that will be reduced to six (6) feet in width and two small trees will need to be Page 1 of 2 removed and replaced. The trail will be connected to the Dove Road trail that runs east and west with a painted crosswalk and two flashing crosswalk signs that match the ones located at the school crossing on Ottinger Road. This project was planned to be completed in the 19-20 CIP budget as part of the Pearson Lane reconstruction and drainage project. Due to the impact of Covid-19,Town staff recommended postponing the street proj ect to the 21-22 fiscal year and to only move forward with the trail project in the 20-21 fiscal year. The following three Pearson Lane and Fire station parking extension bids were received on September 25, 2020. The following bids for the Pearson Lane and Fire station parking extension were received on September 25, 2020. The Pearson Lane Trail bids are as follows: C. Green Scaping $110,981.00 Fort Civil Construction $120,503.00 Robinson Bid was submitted late The Fire Station parking extension bids were 48% higher than budgeted for the project. This project will be placed in the 21 -22 CIP budget. C. Green Scaping $128,286.00 Fort Civil Construction $121,510.00 Robinson Bid was submitted late C. Green Scaping submitted bids on all items and specs in the bid packages. After review of the bids, staff is recommending the bid be awarded to C. Green Scaping in the amount of$110,981. Staffwill be working with the contractor to reduce the cost of the project to meet the current budget of$90,000. The project budget was approved in the FY 2019-2020 CIP fund for$90,000 of which $20,725 was spent on engineering and design fees. If needed, the additional $41,706 is available in the Capital Project Fund 410 fund balance. RECOMMENDATiON Staff recommends approval to enter into an agreement with C. Green Scaping LP to install a concrete trail that is eight (8) feet in width on the east side of Pearson Lane from Dove Road to Wyck Hill Lane and to authorize Town staff to make funding changes not to exceed$25,000 on this project. The Town Council will need to reject all other bids submitted for the paving improvements for the Westlake Fire Station and Pearson Trail projects to be completed in future years. ATTACHMENTS Resolution Contract 1295 and 2270 Forms Page 2 of 2 Resolution 20-32 E�ibit"A" AGREEMENT BETWEEN TOWN AND CONTRACTOR THIS AGREEMENT is dated as of the 26 day of October in the year 2020, by and between the Town of Westlake, Texas (herein�fter called OWNER) and C. Green Scaping LP_(hereinafter called CONTRACTOR). OWNER and CONTRACTOR, in consideration of the mutual covenants hereinafter set forth, agree as follows: Article 1. WORK. CONTRACTOR shati complete ail Work as specified or indicated in the Contract Documents. The Work is generaliy described as follows: Base Bid #1 including construction of a concrete trail, pedestrian crassing, drainage improvements along Pearson �ane Trail The Project for which the Work under the Contract Documents may be the whole ar only a part is generally described as follows: Paving lmprovements Pearson Lane Traii and Fire Station #1 The Project for which the Work under the Contract Documents may Article 2. ENGINEER. The Town Engineer who is hereinafter called ENGINEER and who is to act as OWNER'S representative, assumes ail duties and responsibilities and has the rights and authority assigned to ENGINEER by the OWNER in connection with completion of the Work in accordance with the Contract Documents. Article 3. CONTRACT TIME. 3.1. CC)NTRACTOR agrees to commence work within ten (10) days after the date of written notice to commence work, and to complete the work on which he has bid within �Q working days as provided in the General Conditions. Article 4. CONTRACT PRICE. 4.1. OWNER shall pay CONTRACTOR for completion of the Work on a Unit Price Work Basis in accordance with the Contract Documents in current funds based on the measured quantities and the unit prices stated in the Proposal. 8-1 Article 5. PAYMENT PROCEDURES. CONTRACTOR shall submit Applications for Payment on work compieted during the previous month on the first day of the month. CONTRACTOR shall present oniy one Application for Payment each month. Appiications for Payment will be processed by ENGINEER and OWNER shall make payment to CONTRACTOR within thirty (30) days of the date of the invoice. The Town of Westlake shall retain 10% of each payapplication untii the work has been completed by the Contractor. Article 6. INTEREST. All moneys not paid when due shall bear interest at the maximum rate allowed by law at the place of the Project. Articie 7. CONTRACTOR'S REPRESENTIONS. In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following representations: 7.1. CONTRACTOR has familiarized itself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work. 7.2. CONTRACT4R binds itself to use such materials and so construct the work that it will remain in good repair and condition for and during the period of two (2) years from the date of the repair and to maintain said work in good repair and condition for said term of two (2) years. CONTRACTOR binds itself to repair or reconstruct the work in whole or in part at any time within said period, if in the opinion of the ENGINEER, it be necessary. 7.3. To the fuilest extent permitted by laws and Regulations, CONTRACTOR shall indemnify and hold harmless OWNER and ENGINEER and their consultants, agentsand employees from and against all claims, damages, losses and expenses, direct, indirect or consequentiai (including but not limited to fees and charges of engineers, architects, attorneys and other professionals and court and arbitration costs) arising out of or resulting from the performance of Work, provided that any such claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting there from and (b) is caused in whole or in part by any negligent act or omission of CONTRACTOR, and Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them maybe liabie, regardless of whether or not it is caused in part by a party indemnified hereunder or arises by or is imposed by Laws and Regulations regardless of the negligence of any such party. 7.4. In any and all claims against OWNER or ENGINEER or any of their consuitants, agents or employees by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any of them may be liabie, the indemnification obiigation under paragraph 7.3 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payabie by or for CONTRACTOR 8-2 or any such Subcontractor or other person or organization under workers' or workmen's compensation acts, disability benefit acts or other employee benefit acts. Article 8. Contract Documents The Contract Documents which comprise the entire agreement between OWNER and CONTRACTOR concerning the Work consist of the following: 1. Project Location Map consisting of one (1) page 2. Notice to Bidders consisting of one (1) page 3. Instructions to Bidders consisting of one (3) pages 4. Proposal (Contract Amount) consisting of ten (7) pages 5. Maintenance Bond consisting of three (3) pages 6. Performance Bond consisting of two (2) pages 7. Payment Bond consisting of two (2) pages 8. Standard Form of Agreement consisting of five (5) pages 9. Certificate of Insurance consisting of one (1) page 10. Indemnification 11 . Standard General Conditions consisting of forty (40) pages 12. General Conditions consisting of three (1) pages 13. Special Conditions consisting of three (3)pages There are no Contract Documents other than those listed above in this Article 8. Article 9. TERMINATION. OWNER may terminate contract if CONTRACTOR persistently fails to perform the work in accordance with the Contract Documents including, but not limited to, failure to supply sufficient skilled workers, or suitable materials or equipment, or otherwise violates in any substantial way any provisions of the Contract Documents. OWNER may, after giving CONTRACTOR seven (7) days written notice and to the extent permitted by Laws and Regulations, terminate the services of CONTRACTOR, exclude CONTRACTOR from the site and take possession of the Work. 8-3 Article 10. MISCELLANEOUS. 10.1. No assignrnent by a party hereto of any rights under or interests in the Contract Documents will be binding on another party hereto without the written consent of the party sought to be bound, and specifically but without limitation moneys that may become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment wiil release or discharge the assignor from any duty or responsibility under the Contract Documents. 10.2. OWNER and CONTRACTOR each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect of ali covenants, agreements and obligations contained in the Contract Documents. (THIS SPACE INTENTIONALLY LEFT BLANK) 8-4 IN WITNESS THEREOF, OWNER and CONTRACTOR have signed two (2) copies of the Agreement. One (1) copy has each been delivered to OWNER and CONTRACTOR. All portions of the Agreement Documents have been signed or identified by OWNER and CONTRACTOR. This agreement will be effective on the 26th day of October 2020. OWNER: CONTRACTOR: Town of Westlake, Texas C. Green Scaping, LP By: By: Amanda DeGan, Town Manager Curtis Green, Vice President ATTEST: ATTEST: Todd Wood, Town Secretary Address for giving Notices: Address for giving Notices: 1500 Solana Boulevard 2401 Handley Ederville Road Building 7, Suite# 7200 Fort Worth, TX 76118 Westlake, TX 76262 (If OWNER is a public body, attach a List of name of person to whose attention copy of the resolution authorizing notices are to be sent: execution of the Agreement.) (If CONTRACTOR is a Corporation, attach evidence of authority to sign.) 8-5 PROPOSAL To: Town of Westlake For: PAVING IMPROVEMENTS -PEARSON TRAIL AND FIRE STATION#1 The undersigned Bidder having thoroughly examined the contract documents, including specifications, the site of the project and understanding the amount of work to be done and the prevailing conditions, hereby proposes to do all the work, furnish all labor, equipment, and inaterial, except as specified to be furnished by the Town, which is necessary to fully complete all of the work as provided in the contract documents and subject to the inspection and approval of the Town of Westlake, Texas, and binds himself upon acceptance of this Proposal to execute a contract and furnish an approved Performance Bond, Payment Bond, and such other bonds, if any, as tnay be required by the contract documents for the performing and completing of said work. Contractor proposes to do the work within the time stated and for the following sum: PROPOSALSCHEDULE BASE PROJECT #1 - PEARSON LANE TRAIL ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 1.1 1 L.S. Mobilization for Pearson Lane the sum of: Six thousand, five hundred Dollars no Cents Per Lump Sum $ 6,500.00 $ 6,500.00 1.2 1 L.S. Site preparation, including clearing and grubbing on Pearson Lane for the sum of: Six thousand, three hundred si�yDoliars no Cents Per Lump Sum g 6,360.00 g 6,360.00 13 1 L.S. Temporary Erosion Control on Pearson Lane for the sum of: Six hundred twenty Dollars no Cents 620.00 Per Lump Sum $ $ 620.00 1.4 1 L.S. Construction Signage and Barricades; Traffic Control for Pearson Lane for the sum of: Three thousand. einht hundred Dollars no Cents 3,800.00 Per Lump Sum $ g 3,800.00 P-] ITEM QUANTITY DESCRIPTION& PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 1.5 34 C.Y. Excavation for Trail along Pearson Lane,complete in-place for; Thirt�-four pollars no Cents Per Cubic Yard $ 34.00 g 1,156.00 �/' 1.6 5 C.Y. Embankment for Trail along Pearson Lane, complete in-place for; Twenty-eight Dollars no Cents Per Cubic Yard $ 28.00 $ 140.00 -r 1.7 36 L.F. Saw cut and remove existing concrete curb and gutter on Pearson Lane, complete in-place for: Fourteen Dollars n0 Cents Per Linear Foot $ 14.00 $ 504.00 ✓ I.8 529 S.Y. 8-foot wide,4-inch thick concrete trail along Pearson Lane,complete in-place for: Si�y-nine Dollars no Cents Per Square Yard $ 69.00 g 36,501.00 �/ 19 20 L.F. Concrete curb and gutter transition on Pearson Lane,complete in-place for: Forty-Six Dollars no Cents Per Linear Foot � 46.00 � 920.00 ''� 1.10 3 EA. Cast iron detectable warning plate(24") furnish and install on Pearson Lane, complete in-place for; Two thousand two hundred Dollars no Cents Per Each $ 2,200.00 $ 6,600.00 � 1.11 6 EA. Stained concrete bands in trai)along Pearson Lane,complete in-place for: Six hundred forty�g.ht Dollars no Cents Per Each $ 648.00 $ 3,888.00 `j`� P-2 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 1.12 108 L.F. 18-incli Reinforced Concrete Pipe (CL III)for culverts,furnish and install at Pearson Lane,complete in-place for: One hundred twenty-six Dollars no Cents Per Linear Foot $ 126.00 $ 13,608.00 "� 1.13 1 EA. Type 5 grate inlet at Pearson Lane, furnish and install,complete in-place for: 5ix thousand,nine hundred Dollars no Cents Per Each $ 6,900.00 � 6,900.00 1.14 1 EA. Reconstruct pedestrian underdrain across from Pearson Lane,complete in-place for: Five thousand,six hundred Dollars no Cents Per Each $ 5,600.00 $ 5,600.00 1.15 1 EA. Connect to existing inlet on Pearson Lane, including grout,complete in-place for: Seven hundred eighty Dollars no Cents Per Each $ 780.00 $ 780.00 1.16 40 L.F. 24-inch wide thermoplastic crosswalk Markings Pearson Lane, complete in-place for: Twenty-seven Dol lars no Cents Per Linear Foot $ 27.00 $ 1,080.00 "� 1.17 1 EA. Install Pedestrian Intersection Sign at Pearson Lane,sign and pole provided by tlie.,,r Town of Westlake,complete in-place for: One hundred forty Dollars no Cents Per Each $ 140.00 $ 140.00 ~'� P-3 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 1.18 2 EA. Install Pedestrian Crossing Signs at ;,� Pearson Lane,sign and pole provided by the Town of Westlake,complete in-place for: One hundred foriy Dollars no Cents Per Each $ 140.00 � 280.00 "'f l.19 2 EA. Install T�OT Type 24-A Pole Foundation and Solar-powered rectangular rapid flashing Beacon at Pearson Lane,Beacon,signs,and �,% pole provided by the Town of Westlake, complete in place for: Two thousand,eight hundred Dollars no Cents Per Each $ 2,800.00 $ 5,600.00 •�% 1.20 1 L.S. Miscellaneous irrigation repair at Pearson Lane for the sum of: Nine thousand Dollars no CentS Per Lump Sum $ 9,000.00 $ 9,000.00 1,21 251 S.Y. Bermuda sodding along Pearson Lane, complete in-place for: Four pollars no Cents Per Syuare Yard $ 4.00 $ 1,004.00 �' i SUBTOTAL $ 110,981.00 `' P-4 BASE PROJECT #2 - FIRE STATION #1 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 2.1 1 L.S. Mobilization for Fire Station#1, for the sum of: Six thousand, five hundred Dollars no Cents Per Lump Sum $ 6,500.00 g 6,500.00 2.2 1 L.S. Site preparation,including clearina and grubbing on Fire Station#1, for the sum of: Four thousand, six hundred eightyDollars no Cents Per Lump Sum $ 4,680.00 $ 4,680.00 23 1 L.S. Temporary Erosion Control on Fire Station#1,for the sum of: Nine hundred fort� Dollars no Cents Per Lump Sum g 940.00 $ 940.00 2.4 1 L.S. Construction Signage and Banicades; Traffic Control for Fire Station#1, for the sum of: Three thousand, eight hundred Dollars no Cents Per Lump Sum g 3,800.00 $ 3,800.00 2.5 160 C.Y. Unclassified Excavation for Fire Station#1, complete in-place for; Thirty-four pollars no Cents 5,440.00 `�' Per Cubic Yard $ 34.00 g 2.G 24 L.F. Remove existing concrete curb and gutter on Fire Station#1, complete in-place for: Fou rteen Dollars no Cents Per Linear Foot $ 14.00 $ 336.00 '°`� P-5 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 2.'7 80 L.F. Dowel into Existing Pavement for Fire Station#1,complete in-place for; Sixteen Dollars no Cents Per Linear Foot g; 16.00 g 1,280.00 �'� 2.8 880 S.Y. Stabilized Subgrade Preparation for Fire Station#1,complete in-place for: Twentv-four pollars no Cents �; Per Square Yard $ 24.00 $ 21,120.00 29 645 S.Y. 6"Reinforced Concrete Pavement For Fire Station#1, complete in-place for; Seven y-nine Dollars no Cents Per Square Yard $ 79.00 $ 50,955.00 "� 2.10 150 S.Y. 5"Reinforced Concrete Pavement for Fire Station#1,complete in-place for: Seventy-two Dollars no Cents Per Square Yard $ 72.00 $ 10,800.00 '�� 2.l 1 245 L.F. Concrete Curb and Gutter Transition for Fire Station#1,complete in-place for: Forty-two Dollars no Cents Per Linear Foot $ 42.00 $ 10,290.00 � 2.12 470 L.F. "Fire Lane"Pavement Striping for Fire Station#1, furnish and install,complete in-place for: Four pollars no Cents Per Linear Foot $ 4.00 g 1,880.00 `� 2.13 120 L.F. Parking Lot Striping for Fire Station#1, complete in-place for: Twn Dollars no Cents Per Linear Foot $ 2.00 $ 240.00 � P-6 ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE 2.14 100 LF. 2"PVC Irrigation Sleeves for Fire Station#1, complete in-place for: FiPVPn Dollars n0 Cents Per Linear Foot $ 11.00 $ 1,100.00 �� 2.15 1 L.S. Miscellaneous Irrigation repair for Fire Station#1,complete in-place for: Eight thousand Doilars na Cents Per Lump Sum $ 8,000.00 g 8,000.00 2.16 185 S.Y. Bermuda Sodding for Fire Station#1, furnish and install, complete in-place for: FivP Dollars no Cents Per Square Yard $ 5.00 $ 925.00 "'`� � SUBTOTAL $ 128 286.00 �' P-7 MISCELLANEOUS ITEMS ITEM QUANTITY DESCRIPTION&PRICE IN WORDS UNIT TOTAL NO. AND UNIT PRICE PRICE M.1 1 L.S. Preparation and Implementation of a Stomi Water Pollution Prevention Plan, including inspections along, complete in-place for: Two thousand, eight hundred Dollars no Cents Per Lump Sum g 2,800.00 $ 2,800.00 M.2 1 L.S. Payment and Performance Bond, complete for: Six thousand Dollars no Cents Per Lump Sum g 6,000.00 g 6,000.00 M.3 1 L.S. 2-Year 20%Maintenance Bond, complete for: Three thousand Dollars no Cents Per Lump Sum $ 3,000.00 $ 3,000.00 SUBTOTAL FOR r MISCELLANEOUS � 11 ,HOO.00 ''� P-8 SUMMARY BASE PROJECT: SUBTOTAL FOR PEARSON LANE (BASE PROJECT#1) g 110,981.00 SUBTOTAL FOR FIRE STATION#1 (BASE PRO.�CT #2) � 128,286.00 SUBTOTAL FOR MISCELLANEOUS ITEMS $ 11 ,800.00 *TOTAL PROJECT $ 251 ,067.00 `'`f *Total Project Cost includes bonds,traffic control and other incidentals necessary to complete the work scope of this contract. This total must agree with the total amount bid. For purposes of complying with the Texas Tax Code, the Contractor agrees that the charges for any material incorporated into the project in excess of the estimated quantity provided for herein will be no more than the invoice price for such material to the Contractor. (THIS AREA INTENTIONALLY LEFT BLANK) P-9 PART B—PROPOSAL (Continued) Within ten (10) days after acceptance of this Proposal, the undersigned will execute the formal contract and will deliver an approved Surety Bond and such other bonds as required by the Contract Documents, for the faithful performance of the Contract. The attached bid security in the amount of 5% is to become the property of the Owner in the event the contract and bond or bonds are not executed and delivered within the time above set forth, as liquidated damages for the delay and additional work caused thereby. The undersigned assures that its employees and applicants for einployment and those of any labor organization, subcontractors, or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against. The bidder agrees to begin construction within 10 calendar days after the issuance of the Notice to Proceed with Construction (Work Order), and to complete the contract within 90 calendar days after receipt of said notice. Receipt is acknowledged of the following addenda: Addendum No. 1 9/22/2020 � � (Seal) if bidder Corporation Addendum No. 2 Addendum No. 3 Respectfully submitted Company: C. Green Scaping, LP Name: Curtis J. Green Signature: Date: g/25/2020 Title: Vice President Address: 2401 Handley Ederville Rd. City, State, Zip: Ft. Worth, TX 76118 Phone: 817-577-9299 Fax: 817-577-9331 P-10 INDEMNIFICATION BY CONTRACTOR Town shall not be liable or responsibie for, and shali be saved and held harmless by Contractor from and against any and all suits, actions, losses, damages, claims, or liability of any character, type, or description, including all expenses of litigation, court costs, and attorney's fees for injury or death to any person, or injury to any property, received or sustained by any person or persons or property, arising out of, or occasioned by, directly or indirectly, the performance of Contractor under this agreement, including claims and damages arising in part from the negligence of Town, without; however, waiving any governmental immunity available to the Town under Texas law and without waiving any defenses of the parties under Texas law. The provisions of this indemnification are solely for the benefit of the parties hereto and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. It is the expressed intent of the parties to this Agreement that the indemnity provided for in this section is an indemnity extended by Contractor to indemnify and protect Town from the consequences of Town's own negligence, provided, however, that the indemnity provided for in this section shall apply only when the negligent act of Town is a contributory cause of the resultant injury, death, or damage, and shall have no application when the negligent act of Town is the sole cause of the resultant injury, death, or damage, unmixed with the legal fault of another person or entity. Contractor further agrees to defend, at its own expense, and on behalf of Town and in the name of Town, any claim or litigation brought in connection with any such injury, death, or damage. The Contractor will secure and maintain Contractual Liability insurance to cover this indemnification agreement that will be primary and noncontributory as to any insurance maintained by the Town for its own benefit, including self-insurance. In addition, Contractor shall obtain and file with Town a Town of Westlake Certificate of Insurance evidencing the required coverage. C. Green Scaping, LP Company Name (Contractor) � ��""�"' _________-�- a� �---- Signature Curtis J. Green Name (Please Print) Vice President Title IC-1 ADDENDUM NO. 1 TO THE SPECIFICATIONS AND CONTRACT DOCUMENTS FOR PAVING IMPROVEMENTS PEARSON LANE TRAIL AND FIRE STATION #1 TOWN OF WESTLAKE, TEXAS Date: September 22, 2020 Bid Opening: Friday, September 25, 2020 at 2:00 p.m. Receipt of this addendum shall be acknowledged in the appropriate space in the Proposal. The following modifications, clarifications, additions, or deletions shall be made to the appropriate sheets and sections of the Specifications and Contract Documents: CONTRACT DOCUMENTS 1. Section 4- PROPOSAL Sheet P-3 and Sheet P-4 shall be completely removed and replaced by the corresponding sheets included in this addendum. The following bid items are affected on these sheets: Revised: Bid Item 1.17 — 1 EA. — Install Pedestrian Intersection Sign at Pearson Lane, sign and pole provided by the Town, complete in place for: Revised: Bid Item 1.18 —2 EA. — Install Pedestrian Crossing Signs at Pearson Lane, signs and pole provided by the Town of Westlake, complete in place for: Revised: Bid Item 1.19 — 2 EA. — Install TxDOT Type 24-a Pole Foundation and Solar-powered rectangular rapid flashing Beacon at Pearson Lane, Beacon, signs and poles provided by the Town of Westlake, complete in place for: 2. Clarification: Pearson Lane Trail a. Town will remove necessary trees at Dove Road Intersection prior to construction. b. Colored Concrete Banding to match Towns Existing Standard i. Mock-Up to be approved by Town Staff prior to install c. Town to approve staked trail alignment prior to the commencement of construction. d. Existing Water meters to be adjusted within New Concrete Trail i. Boxes for meters will be provided by the Town. Page 1 of 1 3. Clarification: Fire Station#1 Concrete Parking Lot Improvements a. Parking Stall and Pavement Striping type shall be paint and match existing pavements markings within the parking lot. END OF ADDENDUM NO. 1 Page 2 of 1 ' � �� �� BC?NDING CC)MPAN�Yt� MERCHANTS BONDING COMPANY(MUTUAL) P.O. BOX 14498, DES MOINES, IotnTA 50306-3�98 PHONE: (800)678-8171 FAx: (S15) 243-3854 �'� ���� �..� Bond No. Bid Bond KNOW ALL PERSONS BY THESE PRESENTS: That C Green Scaping,LP {hereinafter called the Principal) as Principal, and the Merchants Bonding Company(Mutual) (hereinafter calied Surety), as Surety, are held and firmly bound to Town of Westlake (hereinafter called the C�bligee) in the full and just sum of( 5%of GAE--------------------------------------------------------------- ) Five Percent of Greatest Am ount Bid Doll�rs good and lawful money of the United States of America, to the payment of which sum of money well and truly to be rr�de,the Principal and Suret}r bind themselves,their heirs, executors, administrators,successors and assigns,jointiy and severally,firmiy by these presents. Signed and dated this 2$th day of September 2020 THE CC7NDITI�N OF THIS UBLIGATION IS SUCH,that, if the�bligee shall make any award to the Principal for Paving Improvements Pearson Lane Trail&;Fire Station#1 according to the terms of the proposal or bid made by the Principal therefore, and the Principal shall duly make and enter into a contract with the Obligee in accordance with the terms of said proposal or bid and award, and shall give bond far the faithful performance thereof with the Merchants Bondin�Company(Mutual) , as Surety, or with ather Surety ar Sureties approved by the�Jbligee; or if the Principal shall, in case of failure to do so, pay to the Obligee the damages which the Obligee may suffer by reason of such failure, not exceeding the penalty of this band,then this obligation shall be null and void; otherwise it shall be and remain in full force and effect. IN TESTIIVIONY WHEREOF,the Principal and Surety have caused these presents to be duly signed and sealed. C Green Scaping,LP Witness: , Principal a � By n,Vice-I'��esident Attest: t Merchants Bonciing Company(Mutual) r •- , ���h� � ��,, ,� By � � Cyn Cat ttorney n Fact CON 0333(2/15) � � II � BC3NDING CC�MP'ANYT� Pt�WER OF ATT�RIVEY Know All Persons By These Presents,that MERCHANTS BONDING COMPRNY(MUTUAL)and MERCHANTS NATIONfiL BONDING, INC., both being ca�parations af the State of lowa(herein collectively cailed the"Companies")do hereby make,constitute and appoint,individually, Cyndy Cates;Erin Neili;James E King;Jeffery Buckley; Ky1ie Keisoe their true and lawful Attomey(s}-in-Fact, to sign its name as surety(ies} and to exer_ute, seal and arknawledge any and ail honds, undertakings, cantracts and other written instn.iments in the nature thereof, an behaif of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the perFa�mance of caitracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings ailowed by law. This Power of J�ttorney is granted a�d is signed and sealed by facwimile undar ond by authority of the foliowing By Laws adopted by the Baard of Directors of Merchants Bonding Canpany(Mutual) on April 23, 2011 and amended August 14, 2015 and adopted by the Board of Directors of tNerchantsNational Bonding, Inc.,cm Oct�er 16,2015. "The President, Secretary, Treasurer, a�any Assistant Treasurer or any Assistant Secretary ar any Vice President shall heve pawer andauth�ity tv apN�inl Altcnney5-in-Fact, Hfi[J IU tlUUl(MILC lhen� tv execule on behal!v�ll�e CwnNany, ana altach lhe Seal of UiG CoinNany Rinrelo, �cxul�anel undertakings,recognizances,contracts of indemnity and other wrritings obiigatory in the nature thereof." "The signature of any authorized officer and the seal of the Company may be affixed by facsimile or electronic transmission to any Power of Attamey w Certification thereof authorizing the executi� and delivery of any bond, undertaking, recognizance, � other suretyship obiigations of the C�npany,and such signature and seal when so used shall have the same force and effect as though manually fixed." In connection with obligations in favor of the Flarida Department of Transportation only,it is agreed that the power and aut horiry hereby given to the Attorney-in-Fact includes any and all consents for the release of retained percantages and/or flnal estimates on engineering and constnaction c�tracts required by the State of Florida Department of Transportation. it is fully understood that cansentinq to the State of Fl�ida Department of Transportation making payment of the final estimate to the Contractor andlor its assignee, shell n� relieve this surety company af any of its obiigations under its bond. In connection with obligetions in favor of the Kentucky Department of Highways oniy,it is egreed that the power and authority hereby given to the Attamey-in-Fact can�o# be modified or revolced unless prior written personal notice of such intent has been given to the Commissio�er- Departme�t of Highways of the Commonwealth of Kentucky at least thirty(30)days pnor to the modification or revocation. In Witness Whereof,the Companies have caused this instrument to be signed end sealed this ZSth day of September � zb2� • '�sft��pf�I!!0 {•��(wv/�00 �����"`��DI\A�R��1�� •• `4 v V�••• •' �°••'��p()��'• � °; ; �'9"� �''�: MERCHANTS BONDIMG CO�APANY{AflUTUAL) "l.,,y:'�d� R'�A'o�,.►.`S :m�t,O�P�R9�;.���� hAERCHAfVTS NATIONAL BONDIMG,INC. ��;� -o- �G'v" :a�.:�� -o- ��._,n �> =�' 2003 ;�'c :y'.� 1933 ��: By f �,���. ;�e�; . J�. .'„��:' ,o� •'3�.•• • �{�• • • '�t1 � Presidenf O+ ••,JL'•• '� •• •�I • ..00 7-1 Z'i STATE OF IdWA ��'�r�'�����' •'•e°•• COURITY OF DALL.AB ss. On this 23rd day of ftMarch 2020 , before me appeared Larry Taylor, to me pers�aily known, who being by me duly swan did say that he is President of MERCHHtJTS BONQING COMPRNY (MUTUAL} and MERCHANTS NRTIONAL BONDING, WC.; and that the seais afflxed to the foregoing instrument are the Corporate Seals of the Companies;and that the said instrument was signed and sealed in behalf of the Companies by authority of their respective Boards of Directors. ,��.RtA�s� POLLY N�SON � o � Gc�mmission Nurnber 750576 � �A,.,,�v"� � °°°° �` My Commissian Expires ���' e ,��. * January 07, 2023 Notary Pubt� (Expiratlon oi notary's commisslon does not invalidate this instrument) 1,William�Ilerner,Jr.,Secretary of MERCHANTS BONDING COMP,4NY(MUTUAL)and MERCHANTS NATIONAL BONDING,INC.,do hereby certify that the above and foregoing is a true and correct copy of the POWER-bF-ATTORNEY executed by said Companies,which is still in full torce antl eitect and has not been amendetl or revoKed. in Wit»ess Whereof, I have hereunto set my hand and affixed the seal of the Companies on this 25th day of September� 2020 , ,s�.........,. .•. -- .w. �••`p."ft0i�tq�C`�•o �Q,�'p�NPO�/l�.o: :��;p'EiPOA"„�•�p••, •� "p4 ht.�';'�'y: •'�:�4 -o_ �fl';0= ��-�.:` -o- O;._.,: °r'G'�' . :+�": •'o. °�:-' . �':` 2Q03 :,,�: :d• 1933 �:�, Secretary �.�"�'• •'�'°�,` •��'�'��•.....••\;�'�'�°• '•rJ . �r . I"'OA OC118 (1/2a) �•�`°'••.:�..e•°°�� �e°°•••°' 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. 2020-679878 C. Green Scaping, LP Ft.Worth,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 10/19/2020 being filed. Town Of Westlake Date Acknowledged: g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2020-05 Paving Improvements at Pearson Lane Trail Nature ofinterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary C&C Green Enterprises, LLC FT WORTH, TX United States X Green, Curtis FORT WORTH, TX United States X Ruiz, Cathleen FT WORTH, TX United States X 5 Check only if there is NO Interested Party. ❑ 6 UNSWORN DECLARATION My name is Curtis J. Green , and my date of birth is 11/4/1966 My address is 2401 Handley Ederville Rd. , Ft. Worth , TX , 76118 , USA (street) (city) (state) (zip code) (country) I declare under penalty of perjury that the foregoing is true and correct. Executed in Tarrant County, State of TeXaS ,on the �9 day of OCtObel" 2�20 (month) (year) (���� '�-�-� Signature of authorized ent f contracting business entity (Dedarant) 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. 2020-679878 C. Green Scaping, LP Ft.Worth,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 10/19/2020 being filed. Town Of Westlake Date Acknowledged: 10/19/2020 g Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. 2020-05 Paving Improvements at Pearson Lane Trail Nature ofinterest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling Intermediary C&C Green Enterprises, LLC FT WORTH, TX United States X Green, Curtis FORT WORTH, TX United States X Ruiz, Cathleen FT WORTH, 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 (Dedarant) Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.1.3a6aaf7d Form TGC 2270 VERIFICATION REQUIRED BY TEXAS GOVERNMENT CODE CHAPTER 2270 Contract identifier: 2020-OS Pavina Imorovements at Pearson Lane Department: By signing below, Company herby verifies the following; 1. Company does not boycott Israel; and 2. Company will not boycott during the term of the contract. SIGNED BY: Print Name of Pe on: Curtis J. Green — Vice President Signing,Title, and Company C. Green Scaninq, LP Date signed: 10/19/2020 STATE OF TEXAS § COUNTY OF Tarrant § BEFORE ME, the undersigned Notary Public on this day personally appeared Curtis J. Green (Name), on behalf of C. Green Scaoinq, LP (Company) who being duly sworn, stated under oath that he/she has read the foregoing verification required by Texas Government Code Section 2270.002 and said statements contained therein are true and correct.. SWORN AND SUBSCRIBED TO before me,this 19 day of October , 20 20. a",v"d�. S7ACY LEE GEIGENMILLER �� ��`�tP`,...,g�q . � _�,� �_Nc+ary �'ublic, State of Texas N �r:�.+Q� Corc�m. Expires o3-t3-2022 NOTARY OF BLIC, �'�;°�oF��`o`� Notar ID i25617920 ��r����� + FOR THE ST E OF TEXAS M ir 5: 3/13/2022 Government Code § 2270.002. Provision Required in Contract Effective: September 1, 2017 A governmental entity may not enter into a contrect 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 specifcally 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, corporetion, 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 veri£cation from a Company for contracts involving goods or services(regardless of the amount) before the City can enter into the contract. TOWN OF WESTLAKE RESOLUTION NO. 20-32 A RESOLUTION BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO ENTER INTO AN AGREEMENT C. GREEN SCAPING, LP TO INSTALL A 8 FOOT CONCRETE TRAIL ON THE EAST SIDE OF PEARSON LANE FROM DOVE RD. TO WYCK HILL LANE AND AUTHORIZE TOWN STAFF TO MAKE FUNDING CHANGES NOT TO EXCEED $25,000 ON THIS PROJECT. WHEREAS, the Town Council desires to provide residents and commuters safe and aesthetically pleasing streets and infrastructure; and WHEREAS, the Town Council finds that the 8 foot concrete trail on the east side of Pearson Lane from Dove Rd. to Wyck Hill Lane; and WHEREAS, the Town Council find that the agreement with C. Green Scaping, LP will provide best value for all necessary labor and supplies for the 8 foot concrete trail on the east side of Pearson Lane from Dove Rd. to Wyck Hill Lane; and WHEREAS, the Trail project cost has been included in the adopted 2020-2021 Town CIP budget; and WHEREAS, the Town Council rejecting all other bids submitted for the Paving improvement for the Westlake Fire Station and Pearson Trail Project; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the people of Westlake. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That the Town Council of the Town of Westlake hereby approves the agreement with C. Green Scaping, LP for the base bid to install 8 foot trail along Pearson Lane, agreement attached as Exhibit "A", authorizes the Town Manager to sign on behalf of the Town of Westlake and authorizes Town staff to make funding changes not to eXceed $25,000 on this proj ect. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 20-32 Page 1 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 26tb DAY OF OCTOBER 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 20-32 Page 2 of 2 Westlake Town Council TYPE OF ACTION T x E i o w N o F WESTLAKE Regular Meeting - Action Item o i sr i N o r i v E s v o E s i c N Westlake Town Council Meeting Monday, October 26, 2020 TOPIC: Consider an ordinance approving amendments to Ordinance 756, providing a five (5) year eXtension of the franchise and a base rate escalation factor in accordance with the original terms of Ordinance 408; amending Ordinance 858 by repealing AppendiX "A", Allied Waste franchised town rates, dated July 1, 2018 and replacing with E�ibit"A", Allied Waste franchised town rates, dated January 1, 2021; ratifying all sections of the ordinance that are not amended or affected by this amendment; repealing all ordinances that are in conflict herewith; finding and determining that the meeting at which this ordinance is passed is open to the public as required by law; providing for a severability clause; and providing for an effective dates. STAFF CoNTAc'T: Troy J. Meyer, Facilities & Public Works Director Strategic Alignment i i � . � . . , � . . � � - � i Exemplary Service&Governance Informed&Engaged Citizen, Student& -we set the standard by delivering Encourage Westlake's Citizens/Sense of Stakeholder unparalleled municipal and Unique Sense of Place Community educational services at the lowest cost. � Outside thc Scope of Idenrified Strategic Iniriatives Time Line- Start Date: January 1, 2021 Completion Date: December 31, 2025 Funding Amount: N/A Status - � N/A Source - Utility Fund Page 1 of 3 EXECUTIVE SUMMARY(INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) The Town of Westlake's residential solid waste and recycling services with Allied Waste Services (formerly Trinity Waste Services) were originally executed on December 5, 2001 for a ten-year term, and included a provision allowing a contract eXtension for additional five-year terms if mutually agreeable in writing. At the December 13, 2010 Town Council meeting, a five-year contract extension was approved on Ordinance 642, amending Ordinance 408. The contract renewal approved in Ordinance 642 secured current rates through November 2012 while transitioning solid waste pickup from twice per week to once per week in conjunction with weekly residential recycling collection. In November 2015, the Town Council approved a contract extension with Republic to provide the Town's solid waste and recycling services. In 2018 Ordinance 756 was amended to reflect to 3% increase in solid waste and recycling services. On October 5, 2020 at the Town Council meeting staff presentation and discussed the current contract with Republic Services for solid waste and recycling services is up for renewal on December 31,2020. Town Council ask to do a green waste polit program and for Republic service to provide more education materials to all stakeholders. Staff also informed the council there was going to be an increase cost in services. Republic Service has proposed the following base rate increase: 2016 2018 2021 Pro osed Increase Solid Waste $8.40 $8.65 $9.65 $1.00 Rec clin $2.89 $3.89 $4.59 $.70 Total $11.29 $12.54 $14.24 $1.70 The proposed increase is related to the following; • Cost increase annually for containers, trucks, employee rate adjustments, benefits • Not having annual increase means that when contracts renewal we see a larger increase in rates, last increase was in 2018 which was a total of$1.25 • Recycling processing continues to rise • Disposal cost increase The proposed increase rates for residential and commercial customers would not be effective until January 1, 2021. All residential and commercial rates are subject to a 3.5% increase each year based on Town Council approval, which shall not be unreasonably withheld. Republic has included a 90-day green waste pilot program for residential customers which will be offered in the spring of 2021. See Exhibit`B" for an outline of the program. RECOMMENDATION Staff recommends approving a five-year contract extension for solid waste and recycling services with Republic Service and an increase in rates for residential and commercial services. Page 2 of 3 ATTACHMENTS Ordinance Westlake Rate Sheet- Exhibit "A" Green Waste Pilot Program—Exhibit`B" Form 2270 Page 3 of 3 TOWN OF WESTLAKE ORDINANCE NO. 917 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE 756 PROVIDING A FIVE (5) YEAR EXTENSION OF THE FRANCHISE AND A BASE RATE ESCALATION FACTOR IN ACCORDANCE WITH THE ORIGINAL TERMS OF ORDINANCE 408; AMENDING ORDINANCE 858 BY REPEALING APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JULY 1, 2018 AND REPLACING WITH APPENDIX "A", ALLIED WASTE FRANCHISED TOWN RATES, DATED JANUARY 1, 2021; RATIFYING ALL SECTIONS OF THE ORDINANCE THAT ARE NOT AMENDED OR AFFECTED BY THIS AMENDMENT; REPEALING ALL ORDINANCES THAT ARE IN CONFLICT HEREWITH; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATES. WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the citizens of Westlake to secure services for solid waste and recycling; and WHEREAS, On November 26, 2001, the Town Council of the Town of Westlake adopted Ordinance 408 to contract Trinity Waste Services for solid waste and recycling services; and WHEREAS, On August 30, 2010, the Town Council of the Town of Westlake adopted Ordinance 642 that consented to the assignment of Trinity Waste Services contract for solid waste and recycling services to Allied Waste; and WHEREAS, On December 2015 the Town Council of the Town of Westlake adopted Ordinance 756 that provided a rate increase and a five-year (5) extension to Allied Waste for solid waste and recycling services; and WHEREAS, On July 1, 2018 the Town Council of the Town of Westlake adopted Ordinance 858 that provided a rate increase to Allied Waste for solid waste and recycling services; and WHEREAS, the Town Council of the Town of Westlake finds that it is in the best interest of the Citizens of Westlake to extend the franchise to Allied Waste five (5) years for trash services with certain amendments; and WHEREAS, The Town Council of the Town of Westlake finds that the amendments set forth to the Ordinance are in the best interests of the health, safety, and welfare of the citizens of Westlake; and Ordinance 917 Page 1 of 3 WHEREAS, The Town Council of the Town of Westlake finds that the rate amendment set forth to the Ordinance is in the best interests of the health, safety, and welfare of the citizens of Westlake. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all the above premises are found to be true and correct and are hereby incorporated into the body of this ordinance by reference as if copied in their entirety herein. SECTION 2: 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 3: That Ordinance 917 shall be a five-year contract extension with Allied Waste and will eXpire on December 31, 2025. SECTION 4: This five-year (5) extension includes a green waste pilot program and education resources for all stakeholders, attached as E�ibit "B"; and SECTION 5: That Section 11 of Ordinance 408 of the Town of Westlake is hereby amended to read as follows: SECTION 6: RATES AND CHARGES 1. All residential and commercial rates will be established annually by ordinance prior to October 1. 2. Base Rate Escalation: All residential and commercial rates are subject to a 3.5% increase each year based on Town Council approval, which shall not be unreasonably withheld. 3. Alternative Rate Escalation: The Town of Westlake may, at its discretion, implement full cost accounting for the annual establishment of solid waste rate. Allied Waste agrees to provide all necessary information to prepare such reports, however, the Town of Westlake shall give Allied Waste at least 90 days to complete such research. 4. Customer Billing: The Town of Westlake shall bill all residential customers served by Allied Waste. Allied Waste shall bill all commercial and industrial customers served by Allied Waste. 5. Payment to Allied Waste: The Town of Westlake shall pay to Allied Waste on or before the 15th day of each month the service charges for residential services rendered during the preceding month. The Town of Westlake shall collect and remit to the appropriate agency of the State of TeXas all appropriate sales taxes. The Town of Westlake shall withhold an amount equal to twelve percent (12%) of gross billing as a franchise fee. Any payments made by a resident Ordinance 917 Page 2 of 3 directly to Allied Waste shall be subject to the franchise fee, and Allied Waste shall remit same to the Town of Westlake. 6. Payment to the Town of Westlake: Allied Waste shall pay to the Town of Westlake as a franchise fee an amount equal to twelve percent (12%) of the gross revenues by Allied Waste for its commercial services provided within the Town of Westlake during the immediately preceding twelve (12) month period, ending March 30 of each year. Such franchise fees shall be payable in monthly payments on or before the 15th day after the month at service. SECTION 7: That Ordinance 858 is hereby amended by repealing Appendix "A", Allied Waste Franchised City Rates, dated July 1, 2018 and replaced by Exhibit "A", Allied Waste Franchised Town Rates, effective January 1, 2021. SECTION 8: 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 9: This ordinance shall take effect on January 1, 2021. PASSED AND APPROVED ON THIS 26t" DAY OF OCTOBER 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 917 Page 3 of 3 ORDINAIVCE 917 EXHIBIT "A" ALLIED WASTE SERVICES TOWN OF WESTLAKE Franchised City Rates COMMERCIAL FRONT-LOAD RATES PICI<UPS PER WEEI< Size 1 X 2 X 3 X 4 X 5 X 6 X Extra pickup 2-Yd 58.37 91.4G 124.54 157.G3 190.G9 223.79 25.30 3-Yd 71.99 120.G4 169.31 217.94 266.58 315.23 26.77 4-Yd 87.58 145.96 204.32 2G2.G9 321.09 379.46 28.25 G-Yd 102.95 194.77 272.43 350.2G 428.11 505.94 29.19 8-Yd 151.25 249.08 34G.37 443.6G 540.97 G38.27 30.G7 COMMERCIAL ROLLOFF RATES Size Type Delivery Rental per Rental per Haul per Disposal per Total per Deposit per day month load load load container 20-YD Open 78.35 3.3G 102.14 153.51 1 G7.90 321.41 223.5G 30-Yd O en 78.35 3.3G 102.14 153.51 251.85 4053G 223.5G 40-Yd Open 78.35 3.3G 102.14 153.51 335.81 489.31 223.5G 28-Yd Com Ne o Ne o Ne o 153.51 299.00 452.51 Ne o 30-Yd Comp Ne o Ne o Ne o 153.51 320.3G 473.87 Ne o 35-Yd Comp Ne o Ne o Ne o 153.51 373.75 527.ZG Ne o 40-Yd Comp Ne o Ne o Ne o 153.51 427.14 580.G5 Ne o 42-Yd Comp Ne o Ne o Ne o 153.51 448.50 602.01 Ne o Franchise fee percentage 1 Z.00% Casters 1 1.19 per month Locks 1.1 Z per month Residential Curbside 9.G5 per month Recycling Curbside 459 per month Residential and recycling tot�l 14.24 per month Additional Trash Cart 533 per month Additional Recycle Cart 1.9G per month EFFECTIVE DATE: 1/1/2021 TOWN HALL PHONE#: 817-430-0941 REPZIBLIC Ordinance 917 SERvrCEs Exhibit "B" Preliminary Guidelines for Yard Waste Recycling Pilot Program 1. Identify 25 to 30 residential addresses in different areas of Westlake 2. Identify if resident handles yardwork or contractor a. If resident communication of the program and how it will work b. If contractor we recommend meeting with contractor to explain the pilot and the guidelines 3. Options for Pilot for Containers a. If carts are going to be used we will deliver yard waste containers (2) per home b. If no carts we will set parameters that all yard waste must be in disposable containers for leaves or grass clippings, yard waste bags (purchased) for leaves or grass clippings (can be purchased at Home Depot/Lowe's/Wal-mart, etc.), trimmings will be cut/tied/bundled in less than 4' length weighing less than 401bs with diameter not to exceed 6" for easy removal to truck. 4. Republic Services will collect each week reporting the type of material received, packaged correctly or incorrectly and volume for 90 days 5. After the 90 days data will be presented to Town Council with final pricing if they choose to move This information is preliminary and will be adjusted accordingly prior to pilot program begin. It is recommended that we do this during peak season for lawns. 6100 Elliott Reeder Road Fort Worth,TX 761 17 817.332.7301 / FAX 817.831.2020 WESTLAKE TOWN COUNCIL T H E T a w N 0 F TYPE OF ACTiON W E S T L A K E Regular Meeting - Action Item Monday, October 26, 2020 ToPrc: Conduct a Public Hearing and consideration of a resolution approving a Final Plat of Schwab at Lake Turner Addition Lot 1 Block A, an approximately 71.1394-acre portion of Planned Development District 3, Planning Area SB (PD 3-SB). The property is generally located south of State Highway 170, north of JT Ottinger Road, and west of Westlake Parkway. STAFF CONTACT: Nick Ford, Development Coordinator Strategic Alignment � � i i � . � . .: . ' • � � High Quality Planning, Design & Planned/Responsiblc Citizen, Student& Development-We are a desirable well preserve Desirability Development Stakeholder Planned,high-quality community that &Quality of Life is disringuished by exemplary design standards. � Outside the Scope of Idenrified Strategic Iniriativcs Time Line - Start Date: October 26, 2020 Completion Date: N/A Funding Amount: N/A Status - N/A Source-N/A Contract: No Forms: N/A EXECUTIVE SUMMARY (INCLUDING APPLICABLE ORGANIZATIONAL HISTORY) In February 2016, the Town Council approved the rezoning of a 154-acre tract of land just south of the Highway 114 —Highway 170 interchange, establishing the zoning for the Charles Schwab development. The following item for consideration is a Final Plat for the 71.1394-acre Charles Schwab campus which includes both phases of development (and potentially future phases). As construction of the campus is nearing completion, Charles Schwab is looking to receive their official Certificates of Occupancy for the first phase before the end of the year and second phase shortly thereafter in the first quarter of the 2021. Part of receiving an official Certificate of Page 1 of 2 Occupancy from the Town is to have a Final Plat recorded on the property with the respective county. In addition,per the town's regulations, Charles Schwab must dedicate a portion of the property to the town as public parkland which is usually shown on a Final Plat, but has been deferred to a separate agreement and separate recording instrument with Schwab for more detailed location and configuration. The current proposed location that has been discussed for the parkland is at the southeast corner of Ottinger Road and Schwab Way for the purpose of placing a trailhead similar to what can be seen on FM 1938 /Davis Blvd. Lastly, the Final Plat conforms to the previously approved Preliminary Site Evaluations for Phase I and Phase II of the campus as well as showing compliancy with the PD3-SB zoning district. PLANNING AND ZONING COMMISSION RECOMMENDATION The Planning and Zoning Commission voted to recommend approval of the final plat at the October 12, 2020 meeting by a(5-0) vote. STAFF RECOMMENDATIONS Staff recommends approval of this item. ATTACHMENTS Final Plat—Exhibit"A" Resolution Page 2 of 2 LINE TABLE LINE TABLE LINE TABLE LINE TABLE LINE TABLE CURVE TABLE VICINITY MAP 1"=2000' NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH NO. BEARING LENGTH NO. DELTA RADIUS LENGTH CHORD BEARING CHORD L1 S89°59'49"W 68.07' L32 S89°59'49"W 10.00' L62 S33°45'11"E 19.99' L92 N90°00'00"E 9.33' L122 S45°07'08"E 21.25' C1 18°03'22" 654.00' 206.10' N88°29'30"W 205.25' � �� =j o L2 N45°00'00"W 25.40' L33 N00°00'11"W 19.03' L63 N56°14'49"E 12.50' L93 N00°00'00"E 30.67' L123 S44°59'45"W 21.78' C2 32°18'37" 165.83' 93.51' N73°50'41"E 92.28. Re s o I u t i o n 2 0 3 3 NORTH �� �O� Q DURA��' V /NF � LOIS Z MONT�� G G L3 N00°00'11"W 24.39' L34 N78°45'11"W 64.39' L64 N33°45'11"W 19.99' L94 S90°00'00"W 9.34' L124 N90°00'00"E 22.75' C3 14°10'45" 451.47' 111.72' S64°46'45"W 111.44' NORTH = ^�� 2 � CHINNE��P � I I I I c� o� �, 0.8 p SP p� c� T L4 N89°59'49"E 27.00' L35 N78°45'11"W 13.53' L65 N56°14'49"E 80.22' L95 N00°00'51"W 11.82' L125 N00°00'00"W 58.35' C4 17°26'29" 792.15' 241.14' S86°22'35"W 240.21� Exh i b it A �0�� ` p � S�Nn TRA�� OAKM�N L5 S00°00'11"E 26.11' L36 N89°59'09"E 20.00' L66 N90°00'00"E 8.08' L96 N90°00'00"E 9.09' L126 S90°00'00"W 3.87' C5 10°51'46" 803.00' 152.24' N89°39'59"E 152.01' GRAPHIC SCALE IN FEET ��P � �T /V � �qM 100 � 50 100 200 � � _ L7 S89°59'49"W 11.41' L37 S00°00'51"E 10.00' L67 S00°00'06"E 19.60' L97 N00°00'00"E 84.50' L127 N00°00'00"E 61.73' C6 5°45'54" 742.00' 74.66' S87°07'03"W 74.63' BDF "TXDOT" co Q � /f=J REED w r L8 N90°00'00"W 10.57' L38 S89°59'09"W 20.00' L68 N79°28'59"W 63.00' L98 S90°00'00"W 9.11' L128 S00°00'00"E 58.35' 1�� = 1��' @ 24X36 � � _ ��� ? o� L9 S89°59'49"W 27.00' L39 S89°59'09"W 20.44' L69 N90°00'00"W 53.18' L99 N44°59'49"E 11.44' L129 S90°00'00"W 8.88' gra��� � @ � Q MAIN � cRFF I� � _ � �q q LIMIT SITE ��URTS L10 N00°00'06"W 52.60' L40 N90°00'00"W 18.55' L70 S00°00'00"E 11.50' L100 N00°00'11"W 34.49' L130 S27°17'06"W 89.86' / �T a � c 2 L11 N90°00'00"W 18.08' L41 S00°00'51"E 15.24' L71 N00°00'11"W 15.00' L101 N89°59'49"E 124.79' L131 N27°17'06"E 89.86' � ��` �/n m� } ^� � �A � L12 S11°14'49"W 13.44' L42 S89°59'09"W 22.76' L72 N89°59'49"E 60.44' L102 N51°59'38"W 27.85' L132 S60°00'00"E 75.19' I / \ ''qR�aa�Ew�o WqY � �4 PARRISH v Turner � Lake L13 S78°45'11"E 10.00' L43 S45°00'15"E 19.33' L73 S79°17'22"E 61.87' L103 S00°00'00"E 33.00' L133 S22°29'45"W 28.83' I �� �R.O.�y o o c�,�, L14 N11°14'49"E 13.44' L44 S44°59'45"W 43.27' L74 N90°00'00"E 78.52' L104 N00°00'00"W 11.57' L134 S11°14'49"W 151.25' � I � 9 \ � BDF � � 2�2 Odemeelt ry J W ESTLAKE 'TXDOT" L15 N67°29'49"E 10.71' L45 S45°00'15"E 11.11' L75 N00°00'00"E 11.51' L105 N30°00'00"W 28.21' L135 S89°59'09"W 25.50' � // 5/8"IRFC L16 S22°30'11"E 22.22' L46 S44°59'45"W 10.00' L76 S81°11'54"E 75.14' L106 S30°00'00"W 27.60' L136 N00°00'51"W 10.00' �\ �� "PELOTON" - _ L17 N67°29'49"E 15.00' L47 N45°00'15"W 12.02' L77 N89°59'49"E 67.80' L107 S00°00'11"E 12.10' L137 N89°59'09"E 25.50' � / \ � � �L _ i L18 N22°30'11"W 22.22' L48 S44°59'45"W 26.76' L78 N00°00'00"E 11.50' L108 S00°00'00"E 14.25' � � _ ,�� 5/8"IRFC L19 N67°29'49"E 63.59' L49 N01°16'01"E 39.07' L79 N90°00'00"E 127.62' L109 S30°00'00"E 32.88' CS KIN OSS LAKE\\ �/� // 'PELOTON" ///i� L20 S22°30'11"E 16.41' L50 N44°59'09"E 21.01' L80 N89°59'09"E 20.44' L110 S00°00'11"E 7.39' PARKWAY LLC � �� DETAIL 1 DOC. NO. \ �� i�� NOT TO SCALE L21 N67°36'42"E 12.50' L51 N00°00'51"W 10.00' L81 N00°00'51"W 10.75' L111 N90°00'00"W 4.25' 2016-64107 � �/ f � L22 N22°30'11"W 16.44' L52 S78°48'54"E 43.22' L82 N00°00'51"W 19.04' L112 S00°00'00"E 71.33' � O.R.D.C.T. � � � ,�/ 5'GAS L23 N67°29'49"E 22.55' L53 N11°11'06"E 6.82' L83 N01°16'01"E 67.83' L113 N90°00'00"E 10.82' 5'COMMUNICATION EASEMENT � / � �� HW 2421 LAND, LP EASEMENT DOC. NO.2019-120007 � � �''S, �� DOC. NO. 2009-55583 10'ELECTRIC 20'x5'ELECTRIC 20'x5'ELECTRIC L24 N78°44'49"E 26.67' L54 S78°48'54"E 10.00' L84 N90°00'00"E 18.99' L114 N90°00'00"E 17.03' O.R.D.C.T. �/�� irN O.R.D.C.T. EASEMENT EASEMENT EASEMENT L25 N11°15'11"W 15.45' L55 S11°11'06"W 6.82' L85 N00°25'17"E 44.00' L115 N00°00'00"W 71.33' �j� /� �� /� EASEMENT �2�, 6.63' L26 N78°44'49"E 10.00' L56 N33°45'11"W 9.53' L86 S90°00'00"W 9.33' L116 S89°59'49"W 22.54' �� � 5 ATMOS ENERGY 115.12' 20.00 17.91' 20.00 10.00' S17°25'21"W / CORPORATION EASEMENT _ _�� _ _ _ _ L27 S11°15'11"E 15.45' L57 N22°30'11"W 7.37' L87 S81°52'22"E 81.33' L117 N30°00'00"E 40.80' I I 143.85' DOC.NO.2020-65813 L70 - - - - - - - - - - 5/8"IRFC �/ L68 � � - � � 5'COMMUNICATION EASEMENT "PELOTON" � O.R.D.C.T. - - - - 17.91' 4.68' �L67 WESTLAKE RETAIL / � ' �� - - - - - - -LL69 - - - + - -L66- - - -_ L28 N78°44'49"E 40.85' L58 N78°48'54"W 108.12' L88 N89°59'49"E 71.74' L118 N00°00'11"W 14.78' ZONED PD3-5A DOC. NO.2019-120007 � APPROXIMATE LOCATION OF - - - - - - - - - � - - - - ASSOCIATES, LTD. � 0 5.32' o� T DOC. NO.2019-108676 /-/ LANDSCAPE EASEMENT 5'TELECOM EASEMENT 5.32' I L29 N61°37'19"E 96.45' L59 N00°51'46"E 18.52' L89 S78°45'11"E 1.57' L119 N51°59'38"W 27.95' �-� J 4.68' �� DOC. NO. 1998-118649 O.R.D.C.T. �� � � VOL.4247,PG.2837 L108 L30 S00°00'11"E 19.03' L60 N67°29'49"E 69.05' L90 N89°59'49"E 120.85' L120 S44°59'09"W 21.27' O.R.D.C.T. 4=33°59��5�� � D.R.D.C.T. � lo �o 5'ATMOS ENERGY 100'R.O.W.DEDICATION �( / PEDESTRIAN ACCESS <�o ,�o� � I J I J L31 N61°07'42"E 92.53' L61 N56°14'49"E 33.51' L91 N00°00'51"W 173.01' L121 N44°59'45"E 21.75' CORPORATION EASEMENT DOC.NO.2020-94806 R=512.38 � � � UNDERGROUND UTILITY EASEMENT EASEMENT �\s� DOC.NO.2020-65813 O.R.D.C.T. PEDESTRIAN ACCESS L=303.92� � �� VOL.4247, PG.2908 - - - - - - - EASEMENT �� ` 5/8"IRFC D.R.D.C.T. 10'ELECTRIC �<� V ^� LL11 � _ _ _ _ _ _ _ _ _ _ _ _N89°59'49°E _ _ _ o.R.�.c.T. _ _ _ � _ _ _ _ CB=N73°����7°E � � ,, EASEMENT o�y v WATER 1513.65' � � // 'PELOTON" L110 � EASEMENT 15.00' 20'X5'ELECTRIC SCHWAB WAY STREET 5/8"IRFC 20'sEwER-299 48 \\ / L - 1 EASEMENT 20.00' "PELOTON" P.O.B. 4.38' ' EASEMENT 179�, EASEMENT L111 L11� 15.62' 10'ELECTRIC STREET STREET 20.00' S17°W 1770'TO SOUTHEAST � � 18.81' 96.70' 22.61' EASEMENT EASEMENT EASEMENT 20.00' 6.63' 18 90 L102 2�2 a6' � N: 7047522.4039 CORNER OF THE RICHARD I I 4.38' 1.50' 28.50� ��$ ��2�� 10.00' � � E: 2364307.9229 EADSSURVEYABSTRACT 20.00' 98.96' 115.21' 150.75' 27.96' 142.06' 80.80' 115.12' 125.78' 264.24' 63.52' 38.65' g.22 � NUMBER 393 � - - - - - --z- - -- - - - - - _- __ - - - - - - - - -- - - - - - - - -_ - - - -� � ��� �% S17°25'21"W i0 - -L71 - - - - - -L75- - - - - - � - L4- - - - - - - - - - - - - - - - - - - - - - - - - C3 45.97 s� � � � � � � � � � � � � - � � - _ - _ - _ _ _ � '-� L82 L72 L73 C1 L87 L76 C4 L2 Cg L1�59� �It �� � �� 9� L74 L88 I I I L3 L5 N90°00'00"E 267.27' WATER C5 L8 I � C2 � � - - -S79°17'22"E - - - - 1--t - - - - - - - - - L119 cn z � 5/8"IRFC _ J � L100 37.73' N90°00'00"E I I 142.06' ��� EASEMENT I L79 w w "PELOTON" NI M �gg ' 104.50' ��n, L9 50'BUILDING L � SO°00'11"E � I�T 20'WATER �Q � � 5'GAS EASEMENT ^ � � �`! Im 20'X5'ELECTRIC STREET 5'COMMUNICATION I I I c� � 10.00' � % c� SETBACK �-21°11'05" I I 20'X5'ELECTRIC w � w � � EASEMENT � DOC.NO. rn I �-' � z E A S E M E N T EASEMENT EA SEMENT Ic� - E A S E M E N T c� N 9 0°0 0'0 0"E I Q w � w w �� 4=8°50'26" R=273.00' I� '�I � � � � 10.57' � � � � O.R.D.C.T. � � R=620.25' L=100.94' J J 5'COMMUNICATION � I I I� � w I I � L=95.70' CB=N88°14'53"E EASEMENT � pwp = w I I N O°O 8'4 8"W w v, I � PEDESTRIAN ACCESS I I � � 00 NO°08'48"W 156.77' p '� I � �N � w ' �` EASEMENT I o CB=N85°34'47"W C=100.37' Cn � OZ j 111.62' ?I ( � � �� Z C=95.61' L113 � � L114 Q z � � oi i� � � �� I SEE DETAIL 1 i � o� � � �o'WATER �� � � � ZONED PD3-4 �� o � z ' W I I I 30'DRAINAGE AND I I � � (n Q EASEMENT �� ��97 O�5'11"W ' 25'BUILDING Z W � W WATER EASEMENT ZONED PD3-5B a cn w � -' II � I �� � �_ _ � � � S89°59'49"W �� �1 I SETBACK � W � U �� 40.00' � I � I I W `� ' _ �i PROPOSED USE: OFFICE mI IN � Q � m °'-1 NO°00'11"W I / J o � W � I N89°59'49"E �I IM Q SO°00'11"E�� J �36.80' '� NOTES: LEGEND: �� I J NO°00'11"W 15.00' `'`' 10.00' 39� o ' W 609.02' I I W I �� N89°59'49"E� I � Z� SO°00'11"E TRACT 1 0 0 10'WATER 40.00' / � I I W II 10.00' � �- EASEMENT / I L36 ' (n I I sss°59�4s��w CS KINROSS LAKE PARKWAY LLC ol lo N89°5s�as��E No°oo�����w �a�j / 1. Bearing system based on the Texas Coordinate System of 1983, North 0 = DELTA ANGLE OR CENTRAL ANGLE � o �o.00' 16.63� o / � Central Zone (4202), North American Datum of 1983. P.O.B. = POINT OF BEGINNING ���M � �� 15.00' DOC. NO. 2016-64107 � �n� �z `�/ �� � �� �ss W O.R.D.C.T. � Z No°oo79:o so°oo�����E ��`�/ /�o� I�� P.O.C. = POINT OF COMMENCING � I L98 ' Z II w � I I �s.00� �j/ /�� � _ o , „ 2. The coordinates shown hereon are rid values. The combined scale factor O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS � I � J �� L O T 1, B L O C K A w � I I , I I �� o��, I 1 1 4_1 7 3 2 3 0 g � � ' I I � a w I I Na9°59'49"E N89°ss�a9��E / ��� � R-2560.00 utilized for this project is 0.999873440. DOC. NO. = INSTRUMENT NUMBER _ � � I� � I I � 71.1394 ACRES � � 29'51' � �86.66� i ��� ' � L=783.77' VOL. = VOLUME L96 1 5'GAS EASEMENT I I N 3,098,833 SQ. FT. � �o'WATER L26 J _ � / � CB=S8°39'06"W 3. Approximately 10 acres within the Jesse Sutton Survey, Abstract No. 1154 PG. = PAGE - � � � DOC.NO. � � I I EASEMENT 29 � v C=780.71 and 61 acres within the Richard Eads Survey, Abstract No. 393. BDF = 5/8" IRON ROD WITH 3-1/2" BRASS DISK STAMPED "TEXAS 7 I I L95 ' aC O.R.D.C.T. I I o I I L25 L27 �31 �� L33��,�/ � / � DEPARTMENT OF TRANSPORATION" FOUND � � L94 G o L24 L28� %/ L32J / � � N89°59'49"E �� � Nss°5s�as��E 4. No easements will be allowed by separate instrument without express written IRF = IRON ROD FOUND a � � J II z 15.00' I I � � N89°59'49"E J 10.64� � � _ �� f� ' �� L63 L62 �°� _ � 88.61' L30 � �I consent by the Town of Westlake. IRFC = IRON ROD WTH CAP FOUND � �I L92 so°oo�����E _�7��� � � �so°oo�����E / I IRSC = 5/8" IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET N �"' I L64 � , N78°44'49"E I NO°00'11"W o 10.00' S� 6'� 79.52' gg.g�� 87•82 UNDERGROUND `�' � W� I � L131 �- / 5. Maintenance of parking and pedestrian access easements shall be the PKF = PK NAIL FOUND � _ I ` 1 S44°59'49"W � L130��/ �� I I��S11°15'11"E � � UTILITYEASEMENT o �,� s6�°3o�����E � \/ WATER 31.69� res onsibilit of the ro ert owner. PIL = POINT IN LAKE � �n I �rn 38.56' \ / Z �� VOL.4247, PG.2908 p y p p y ri ol J 77.89' S89°59'49"W 20'WATER /�� �(l EASEMENT S11°15'11"E � � p S78°45'11"E �i / i � � D.R.D.C.T. w N o I N22�29�49��E � 15.00' EASEMENT i/ 65 � 32.68' 10'WATER EASEMENT I � u� 139.73' \ i �. N 6 7°2 9'4 9"E a � I 25.00�� � � � �I�� Q w / 6. Pedestrian access easements are private, common access areas. �, � � N78°44'49"E � L22 3 � 65.11' U z S78°44'49"W � � �� � ' \ NO°00'11"W �i � �- -� I N56°14'49"E Q � , \ 112.58' � � u �J 10.05' !� N67°so����w � _ _ - � � 126.23� J _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ � 7. Draina e easements on this lat shall be rivate and not maintained b the � o� I __�\\.� � \� L89102.52' - 19 c� o I �o.00� � � 31.89, � - _ , - � I� - - - - - - - - - - - - - - ww - - 9 p p � Y z� � I �ss ' s22°2s�as��w L3s �3��� ��L90 -_ - - �.� ��� �2o L�L126 Q � � � Town of Westlake. � E I � 5.00' � 1� %� - - - - - - � � � <� cv L21 � ELECTRIC � � I I N67°3o'��"w / 6�47' _ � �� � APPROXIMATE LIMIT OF o ^ � 6' L129 � ,r, EASEMENT (A _ N . � � � -i L101 NI I� X I 100-YEAR FLOODPLAIN E � �I ' gg,gg� � p� 8. According to Federal Emergency Management Agency's Flood Insurance � I � N11°14'49"E � / L14 J � � O I PER FLOOD STUDY � L13 s�s°a5�����E 15'WATER L J � Rate Map No. 48121C0655G, for Denton County, Texas and incorporated areas, � � � 149.28' Y � 35.74' EASEMENT L124 / � APPROXIMATE LIMIT OF � (SEE NOTE 9) � ) � �sa ' I - � Q dated April 18 2011 this property is located within Zone X (unshaded) defined as � R� 13.30' � I 10'WATER N78°44'49"E L17 � EXISTING F.E.M.A. 100-YEAR „ ' ' o „ F /�/�,�`� L121 / v N44°59'49"EEASEMENT 116.52' ^� / TEMPORARY � Areas determined to be outside the 0.2/o annual chance floodplain and Zone AE cn � �.�_ I �o FLOODPLAIN � ^fL122 20'WATER � M �n � 54.58' 15'HIKE&BIKE TRAIL EASEMENT CONSTRUCTION EASEMENT � 5/8"IRFC defined as ��Special flood hazard areas (SFHAs) subject to inundation by the 1% z �y�,�/ �� ' EASEMENT�-��� N44°59'49"E VOL.4247, PG.2883, D.R.D.C.T. VOL.4247, PG.2899 "PELOTON" � `L � I� 48.87' ABANDONED BY INST. NO. D.R.D.C.T. i annual chance flood (Base Flood Elevations determined)". If this site is not within � ��,'` � NO°21'08"E S89°38'52"E N22°29'45"E� � �I � � 4=25°02'26" ��S45°00'15"E 3.03' 10.00' 22.gg� W o N60°00'00"W' � R=123.17 ��� an identified special flood hazard area, this flood statement does not imply that the � �� \ 40.72' N89°59'50"E N44°59'49"E � / ��h'� I o 54.06' � / L=53.83' � �� � ��� property and/or the structures thereon will be free from flooding or flood damage. � / CB=N66°36'06"E � � � �� � � �� S6 0 36.50� so°2��os��W 99.02� � / /� ol Z ./_ I � � On rare occasions, greater floods can and will occur and flood heights may be o � � �3p�� 2.g7' o � � 25'DRAINAGE 4=36°34'55" C=53.40' I I N HW 2421 LAND, LP y�� J ��F �' / v� increased by man-made or natural causes. This flood statement shall not create a � � � �89 � I EASEMENT N45°00'00"W R=503.39' 4=35°46'53" I W DOC. NO. � 'N6�3� \ ��S� / I ` �� S89°59'49_'W 282.53' 191.84' L=321.40' R=618.76' � �, liability on the part of the surveyor. � ,/ 0 2009-55583 0 13°57'08"E �1�„�� � N89°59'50"E 111.� /I �2 CB=N83°43'21"E L=386.42' � i.i - a lg� N89°59'49"E 278.87' C=315.97' CB=N71°58'20"E � � � O.R.D.C.T. � 5.55' / .,3��S89°59'50"W 169_89_ _ � ' - - - - S80°06'13"E DRAINAGE I � � 9. Flood StUdy entitled Hydrologic & Hydraulic Study Report Circle T � 1 � TRACT 3 78.15' N89°51'47"E C=380.17' � p 25'DRAINAGE 0-44°08'48" � S44°59'49"W � EASEMENT � � cn Ranch/Project Blizzard, dated January 20, 2��7, prepared by Timothy Whitefield, � EASEMENT � \ CS KINROSS LAKE / � _ - �� 75.41' // LAKE J R=162.50' S87°19'19"E 111.29' PARKWAY LLC r/ � �/ , P.E, Peloton Land Solutions. � S83°57'p7�� � L=125.21' � 79.64' DOC. NO.2016-64107� // W � 216.gg� CB=N61°52'43"W � � O.R.D.C.T. / ��� �T/T LAKE / PIL 10. Notice: Sellin a ortion of this addition b metes and bounds is a violation of F I NAL P LAT � � S70°12'39"E -/ � \-�C=122.13' /` �34.22' 4=47°42'23" /-�1 S45°00'00"E 8.22' g p y � � � � � R=167.35' 2��' �72.4g� PIL PIL P�� city subdivision ordinance and state platting statutes and is subject to fines and � � � 84.27' � S66°49'00"E ��� 15'HIKE&BIKE TRAIL EASEMENT � � , L=139.34� �25� � �� � � g g SCHWAB AT LAKE TURNER ADDITION � S89 27�07 W 194.11 p�� o � �� VOL.4247, PG.2883,D.R.D.C.T. WItIIIIOICIIII of utilities and buildin certificates. � � CB=N89°19'48"E �.16 �� S89 27 07 W 62.40' C=135.35' � 3y�, 5/8"IRFC 78 72� S89°27��7��W (ABANDONED BY INST. NO. � �N84°39'20"E �� DRAINAGE �� 21 �� 127.87� � 11. All easements shown hereon are by this plat unless otherwise noted. LOT � , B LOC K A � ' S75°24'57"E �144.53' �� PELOTON" o , „ � 37.35' //� 15'HIKE&BIKE TRAIL EASEMENT � / / '� EASEMENT 6�0511� S�°32'53��E � R9216 21, CONST1RUOCTION EASEMENT BEING 71 .1394 ACRES SITUATED IN THE � ' 0=36°43'35" VOL.4247, PG.2883, D.R.D.C.T. S 25.20 VOL.4247,PG.2883 a R=137.51' (ABANDONED BY INST.NO. L=293.'43� o.R.o.c.T. RICHARD EADS SURVEY ABSTRACT NUMBER 393 � L=88.14' � / , HW 2421 LAND, LP CB=S89 27 07 W � � ca, CB=N65°ao�s���w S$o ,48„W 3p4��4 �Rsc DOC. NO. 2009-55583 c=2�o.40� AND THE JESSE SUTTON SURVEY, ABSTRACT NUMBER 1154, � C=86.64' 40'TEMPORARY CONSTRUCTION °32 / / ZONED R-1 o.R.�.c.T. TOWN OF WESTLAKE, DENTON COUNTY, TEXAS m S83°25'25"E EASEMENT VOL.4247, PG.2883, 131.91' ' D.R.D.C.T., (ABANDONED BY INST. NO. LAKE Q � iRsc EXISTING ZONING: PD3-5B = ' �� S89 2�32 6 / o-23°ao'31�� PROPOSED ZONING: PD3-5B o o , „ 4=90°00'00" / R=408.29' M R=30.00' � - �RSC o " L=168.71' � M L=47.12' OWNER/DEVELOPER: ENGINEER: } S50 5718 W CB=S55°08'46"W CS KINROSS LAKE PARKWAY LLC KIMLEY-HORN AND ASSOCIATES, INC. > CB=S44C742.43' SOo345 9„6' 5/s"iIR C 12.08' C=167.51' � C/O CHARLES SCHWAB & CO., INC., 13455 NOEL ROAD, TWO GALLERIA �, - - - - - � - - - - - - - ��PELOTON�� LAKE CORPORATE REAL ESTATE OFFICE, SUITE 700 13455 Noel Road, Two Galleria Office Tel. No. (972) 770-1300 0 2309 GRACY FARMS, AUSTIN, TX 78758 DALLAS, TX 75240 Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972)239-3820 Y N89°54'09"W 898.42' CONTACT- KATIE BLAIR Brad Moss, P.E. w Copyright�02020 UNDERGROUND UTILITY EASEMENT katie.blair@schwab.com brad.moss@kimley-horn.com Scale Drawn by Checked by Date Project No. Sheet No. Z Kimley-Horn and Associates,Inc. ' VOL.4247, PG.2908, D.R.D.C.T. a,��ri9hts reserved _ PH. 512-682-5859 PH. 972-770-1346 1" = 100' SRD DAB/DJD SEP. 2020 063934076 1 OF 2 � 0 / OWNER'S CERTIFICATE OWNER'S DEDICATION / / R e s o I u t i o n 2 0 3 3 STATE OF TEXAS § STATE OF TEXAS § COUNTY OF DENTON § COUNTY OF DENTON § / . . E x h i b i t "�" �NHEREAS CS Kinross Lake Parkwa LLC is the owner of a tract of land situated in the Jesse Sutton Surve NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: / 100'R.O.W. DEDICATION Y Y� DOC.NO.2020-94806 Abstract No. 1154 and the Richard Eads Survey, Abstract No. 393, Town of Westlake, Denton County, Texas and � ZONED PD3-5A o.R.�.c.T. THAT CS KINROSS LAKE PARKWAY LLC, does hereby adopt this plat, designating the herein above described property being all of two tracts of land described as Tract 1 and Tract 3 in Special Warranty Deed to CS Kinross Lake as SCHWAB AT LAKE TURNER ADDITION, an addition to the Town of Westlake, Denton County, Texas. The � � - - Parkway LLC, recorded in Document No. 2016-64107, Official Records of Denton County, Texas and being more easements thereon are hereby reserved for the purposes indicated, and in accordance With the easement documents filed � particularly described as follows: �oo'R.O.W. DEDICATION - - 15.00� with the Town of Westlake and Denton County. The utility and fire lane easements shall be open to fire and police units, � DOC.NO.2020-94805 � ' garbage and rubbish collection agencies and the public and private utilities for which the easement is reserved, and as � O.R.D.C.T. � 5is��IRFC 4'38 BEGINNING at a 5/8" iron rod with plastic cap stamped "PELOTON"found in the south right-of-way line of Proposed � 15.62� specifically approved by the Town of Westlake for the use of a particular easement. The maintenance of paving or any 15.12� "PELOTON�� 4 38, Roadway (a 100-foot wide right-of-way) at the northeast corner of said Tract 1; other surface on the utility and fire lane easements is the sole responsibility of the property owner. No buildings, or other � 168.08' 98•96' permanent improvements shall be constructed, reconstructed or placed upon, over or across the easements as shown. � - - - - -�s�- - -��� - THENCE with the east line of said Tract 1, the following courses and distances to wit: said easements being hereby reserved for use and accommodation of all public utilities for which the easement is _=L50� � o�, - - _ -_ - - L120 � � South 17°25'21"West, a distance of 45.97 feet to a 5/8" iron rod with plastic cap stamped "PELOTON" found at reserved, and as specifically approved by the Town of Westlake. Any public utility for which the easement is reserved, and 4=56 49'15' � � _ -_ - L82 ��2 � R-1215.00' � � %%� Nss°5s�5s��E_ L49 - - -S7c the beginning of a tangent curve to the left having a central angle of 17°32'30", a radius of 2560.00 feet, a chord as specifically approved by the Town of Westlake to use a particular easement shall have the right to remove and keep , y, �� % 46.15� � � L100 bearin and distance of South 8°39'06" West, 780.71 feet; removed all or part of any buildings or other improvements which in any way may endanger or interfere with the Q L=1204.93 505� � i ��� 5'X15'ELECTRIC NO°06'52"E �gg g � / � � �� / � ��� / EASEMENT � N� , In a southwesterl direction, with said curve to the left, an arc distance of 783.77 feet to a 5/8" iron rod with construction, maintenance, or efficiency of its system in the easement and that public utility shall at all times have full right � CB=N61 3512 E � �2.50' � N �� , Y ��� � � �o'ELECTRIC sss°ss'Ss"w �,� �� � � E plastic cap stamped "PELOTON"found for corner; of ingress and egress upon the easement for the purpose of constructing, reconstructing, inspecting, patrolling, and � C=1156.16' � �� � � �� EASEMENT 45 89� I W w ' o , „ maintaining and adding to or removing all or part of its system, subject to complying with all ordinances, rules, regulations S� � � �i � � South 0 07 09 East, a distance of 245.16 feet to a point in a lake at the southeast corner of said Tract 1; A`Q� p• / � ���� � 5'COMMUNICATION 12.5'WATER I I� � w and resolutions of the Town of Westlake, Texas, and in accordance with the easement documents filed with the Town of J'`�� / L 3�// / EASEMENT EASEMENT � I I v o Q Westlake and Denton Count y. �� '� i%� / N1°�s'o�"E I N N w ' THENCE with the south line of said Tract 1, the following courses and distances to wit: O 2 8.6 1� ���� L54 / 4 7 8 9. � �� South 89°27'07" West, a distance of 127.87 feet to a point in a lake at the be ginnin g of a non-tan gent curve to T he Town o f Wes t la ke, Texas, an d t he u b lic u ti li t s ha l l have t he ri h t o f in ress an d e ress to riva te ro e r t for t he �� S� / i � - p Y 9 9 9 P P p Y � � L55 s�s°as�Sa��E o� I� � the right having a central angle of 79°36'02", a radius of 211.21 feet, a chord bearing and distance of South � No°oo�5���w purpose of reading meters, maintenance and service required or ordinarily performed by that utility. � / / ��52 42.74' � H o � �� �� Q.� / WESTLAKE RETAIL �03 ,u_ � 134.41���� � o � z ^ 89 2707 West, 270.40 feet; � ASSOCIATES, LTD. ^�'°` jj� L58 - �o'WATER � �Z w � r In a southwesterl direction, with said curve to the ri ht, an arc distance of 293.43 feet to a oint in a lake for �� J Q' � p• S 3 3°4 5�����E L 8 0 w w ' y g p Notwithstandin g an ythin g to the contra ry in this plat, the owners, for themselves and their successors and assi gns, reserve DOC. NO. 1998-118649 ti i / L56� 19$�� EASEMENT ` I I �' corner; g g g ( ) p P , �, o Q � and retain the ri ht to rant other ri hts and easements across, over or under the easement tract s to such other ersons � O.R.D.C.T. � 0° J w W South 89°27'07"West, a distance of 78.72 feet to a oint in a lake for corner; as the owners deem ro er, rovided such other rants are sub ect to the easements to the Town of Westlake ranted in / ///� / L57 I i� 53.32'011 E N89°592.23' JL39 0l I o � �� p P p p 9 1 g / / /� 2o�X5'ELECTRIC � � z� ' W South 0 32 53 East, a distance of 25.20 feet to a point in a lake for corner; this plat or the easement documents, and the uses granted do not materially interfere with the use of said easements by / // EASEMENT � �w ZONED PD3-5B No°oo'S�"w � � = South 89°27'07" West, a distance of 194.11 feet to a 5/8" iron rod with plastic cap stamped "PELOTON" found the Town of Westlake for the purposes set forth herein and the town approves said additional easements or additional uses � p �j�� �� PROPOSED USE: OFFICE �o.00' LI L36 ' (n at the southeast corner of said Tract 3; in writing. any damages to facilities located in said easements as a result of the use granted to such other person shall be � � � � � o sss°ss'os"w J W promptly repaired by such other person, and the Town of Westlake shall have no responsibility for any damage to such Q W �y, / / 20'WATER � �0 12.23' I rl L38 ' � U z �/ cn N89°ss�as��E • • • • other person s facilities in connection with the use of said easement by the Town of Westlake. In addition, notwithstanding / `V // EASEMENT� I W THENCE with the south line of said Tract 3, the following courses and distances to wit: � O J � �; / / 2s.00' TRACT 1 No°oo'S�"w�� �L98 0 „ . „ „ anything to the contrary in this plat, the owners, and their successors and assigns, may use the easement tract(s) identified � ti �o'WATER � South 64 51 10 West, a distance of 213.57 feet to a 5/8 iron rod with lastic ca stam ed KHA set for I � � � � �� � ��j�j/� � L EASEMENT CS KINROSS LAKE PARKWAY LLC Ns9°ss'091E7 49 L42 � I � 1 � p p p in the easement documents, and shown within the boundaries of the platted property for paving, pedestrian walkway, corner; ,,. „ - arkin landsca in and aerial im rovement ur oses the im rovements which do not materiall interfere with or Q � // 50'BUILDING � � so°oo'��"E DOC. NO. 2016 64107 41.31' � � L,I.� o , „ „ . „ „ p 9, p 9 p p p ( p ), Y � � � � � � � SETBACK 12.5'WATER �� South 80 3248 West, a distance of 304.04 feet to a 5/8 iron rod with plastic cap stamped KHA set at the revent the use b the Town of Westlake of said easements for the ur oses set forth herein. An dama es to facilities � X � G, � / � �� �o.00� O.R.D.C.T. - J � Z p Y p p Y 9 / M EASEMENT L96 ' � southwest corner of said Tract 3 and at the beginning of a non-tangent curve to the right having a central angle located in the easements identified on the latted ro ert as a result of such uses shall be rom tl re aired b the p� / � � P P P Y p P Y P Y � S89°59'49"W NO°00'51"W � J � � p // � � I �,� of 23°40'31", a radius of 408.29 feet, a chord bearing and distance of South 55°08'46"West, 167.51 feet; then-current owner of the latted ro ert that caused such dama e, and the Town of Westlake shall have no I � � ��� MI I� 26.00� LOT 1, BLOCK A 33•98� �' / � L95 = p p p y g � � � W L40 � � ' responsibility for any damages to the improvements in connection with the use of said easements by the Town of I QI / � �� 5'ATMOS ENERGY �n� �� 7�.1394 ACRES L41 I � L94 � THENCE with the south line of said Tract 1, the following courses and distances to wit: Westlake. 25.02' // CORPORATION EASEMENT I o L137�J � � � I o N89°59'49"E L136 �� � / / DOC.NO.2020-65813 0 28.75� 3,�98,833 SQ. FT. � L92 ' Q In a southwesterly direction, with said curve to the right, an arc distance of 168.71 feet to a 5/8" iron rod with � �, �� / �, O.R.D.C.T. o� �� �� M� I �j plastic cap stamped "KHA" set for corner; This plat approved subject to all platting ordinances, rules, regulations, and resolutions of the Town of Westlake, Tarrant � I BDF �I� c�'> h/��� \ �� I 10'WATER 10'WATER L135 I w� ' ` COUIIt , Texas. � � ��TXDOT�� } � � 6; � EASEMENT EASEMENT � = I South 50°57'18"West, a distance of 12.08 feet to a 5/8" iron rod with plastic cap stamped "KHA" set for corner; Y I w � � � �� Z� L � � o� �m South 89°27'07"West, a distance of 32.96 feet to a 5/8" iron rod with plastic cap stamped "PELOTON" found at / � � � so°oo�����E � � � ' WITNESS, my hand, this the day of , 2020. I I =� �� � /�j� � \SS o I �� �o.00� NI �I � the beginning of a tangent curve to the left having a central angle of 90°00'00", a radius of 30.00 feet, a chord � � I cn � /� 5is��IRFC �� I sss°59�4s��w �I I bearing and distance of South 44 27 07 West, 42.43 feet; � z z Q z ��� ��PELOTON�� � ��3„ � �� 28.�5' � � � In a southwesterly direction, with said curve to the left, an arc distance of 47.12 feet to a 5/8" iron rod with I O w � / s�o F M � I CS KINROSS LAKE PARKWAY LLC � `'' I � U U � U oti/ �� `�S� �°9 I �� N89°ss'S4"E o � � plastic cap stamped "PELOTON"found for corner; w � � Q Q � Q �. / 3'. \ o�, � �� � ' South 0°32'53" East, a distance of 45.96 feet to a 5/8" iron rod with lastic ca stam ed "PELOTON" found for � I � m � Q � �.�' ����10'ELECTRIC � � �!L S89°59'58"W 12.50' Z � L86 p p p � � SO°00'06"E � �w �� _ (A � / � EASEMENT 8 � �� 10.00' 12.5'WATER � � corner; �m � l m v m �, ��� 0 2a.a,� Z � � Q � Q / �� � � �o so°oo�o2��E EA EMENT EASEMENT Ns9°59,5s„E � � J� ' North 89°54'09" West, a distance of 898.42 feet to a 5/8" iron rod with plastic cap stamped "PELOTON" found gy: p� � � / � � � �� 1 7.4 6' No°oo'os"w 7 5��2' � � a t t h e b e g i n n i n g o f a t a n g e n t c u r v e t o t h e l e f t h a v i n g a c e n t r a l a n g l e o f 3°5 5'0 8", a r a d i u s o f 1 8 8 2.5 0 f e e t, a �Z � \ �/ 5'COMMUNICATION NO°00'02"W L47 I J op � � � / o� �/ EASEMENT � \ � � 17.46' 28�81� L46 /� L84 ' chord bearing and distance of South 88°08�17��WeSt, 128.73 feet; �Q �� �� ti° � L _ _ _ _ _ _ _ _ _ _ N89°5s'ss"E 312_45' _ _ � � _ _ �/�,o�°` L121� In a southwesterly direction, with said curve to the left, an arc distance of 128.76 feet to a "PK" nail found for N33°10'34"E �� \ � \� \� 455.15' / � � � L sss°5s'Ss"W 103.14� _ - - - - - - - - - - - - - - - -L45 � �rL122 ' corner in the northeast line of a tract of land described in deed to Margaret B. Lee, recorded in Instrument No. TITLE: w m � \ / / � / 20'x5'ELECTRIC \ N89°59'58"E 528.04' ���u�� ��3 �208308067, Official Public Records of Tarrant County, Texas; �Q \ �\ �� � //% EASEMENT \ ��,'` � 25'DRAINAGE \ 20'WATER � \` S45°00'15"E STATE OF TEXAS § � \�� � ��/ EASEMENT � � EASEMENT N45°oo��5��w � \ \40.�2� THENCE with said northeast line, the following courses and distances to wit: COUNTY OF DENTON § � � �� ��^ �j \ 0=32°2��a3" 96.14� �\ ��6�3 North 41°18'25"West, a distance of 147.59 feet to a "PK" nail found for corner; � ti �� � R=287.50' 4=43°s2�as^ � � � North 56°49'26" West, a distance of 522.90 feet to a "PK" nail found at the southwest corner of the westerly \ � // � L=162.39' R=96.84� � � BEFORE ME, the undersigned, a notary public in and for said county and state, on this day personally appeared � � � � \ sas°ss'ss"E 'Ns>o � terminus of said Proposed Roadway and at the westernmost corner of said Tract 1; , known to me to be the one whose name is subscribed to the fore oin instrument and � � �� � C6=S67°46'15"E L=73.60' 30,�' g g � � � �/ N: 7046503.8235 \ C=160.24' 23•5$' cg=ss�°ss��2��E S83°5��os��E � acknowledged to me that he executed the same for the purposes and considerations therein expressed. ZONED O � � � � N15°�s��a��E C=71.84' 175.55� THENCE departing said northeast line and with the south line of said Proposed Roadway, the following courses and � \ E: 2361242.3143 9.90' \ 25'DRAINAGE distances to wit: /\� � UNDERGROUND � ss 73 5° �o�"30.42' �S EASEMENT � North 33°10'34" East, a distance of 455.15 feet to a 5/8" iron rod with plastic cap stamped "PELOTON"found at Given under my hand and seal of office this day of 2020. 4=32°21'43" \ PKF � � UTILITY EASEMENT � _ � � the beginning of a tangent curve to the right having a central angle of 56°49'15", a radius of 1215.00 feet, a � \ R=312.50' S83°57'07" � �3�5�'07" 216.99' Q� � VOL.4247, PG.2908 L=176.51� E �41.64� � �� chord bearing and distance of North 61°35'12" East, 1156.16 feet; � D.R.D.C.T. � � CB=S67°46'15"E � N18°08'17"W / �� � o -�_ In a northeasterly direction, with said curve to the right, an arc distance of 1204.93 feet to a 5/8" iron rod with �n � C=174.17' �� 105.96' � � v \� � N55°5s'3s"E N � \ plastic cap stamped "PELOTON"found for corner; NORTH �� � � ss2°a2�4s��E . „ Notary Public in and for the State of Texas � \ 113.16� � 118.93� � North 89°59'49" East, a distance of 1513.65 feet to a 5/8" iron rod with plastic cap stamped PELOTON" found � � 25'BUILDING Nso°oo�oo��E N86°ss��S��E at the beginning of a tangent curve to the left having a central angle of 33°59'05", a radius of 512.38 feet, a O � 4=52°47'53" 17.36' 36.83' �� �\ \ SETBACK R-93.49' / / ' chord bearing and distance of North 73°00'17" East, 299.48 feet; � � L=86.15� � o=3E In a northeasterly direction with said curve to the left, an arc distance of 303.92 feet to the POINT OF GRAPHIC SCALE IN FEET �� �� CB=N61°���ss��E � ' R-�� BEGINNING and containing 71.1394 acres or 3,098,833 square feet of land. APPROVED BY THE TOWN COUNCIL OF APPROVED BY THE PLANNING & ZONING 100 0 50 100 20o C=83.13' L=8� � �� � N85°2s�sa°E �B=i WESTLAKE, TEXAS on this the day of COMMISSION OF WESTLAKE, TEXAS on a MARGARET B. LEE �� � / 21�77' ' c=sE , 2020. this the day of , 2020. � 1" = 100' @ 24X36 INST. NO. D208308067 �� � N34°125.94'� APPROXIMATE LIMIT OF ss3°25'25"E � N O.P.R.T.C.T. ��� / 100-YEAR FLOODPLAIN PER 131.91' ' � ATTEST: ATTEST: � � PKF /� FLOOD STUDY (SEE NOTE 9) � � NOTES: � N56°49'26"W � \ / SURVEYOR'S CERTIFICATION � 522.90' � / APPROXIMATE LIMIT OF EXISTING DRAINAGE 4-'°00'00" a 1. Bearing system based on the Texas Coordinate System of 1983, North /� N29°oa��s��E - � � � 116.02' F.E.M.A. 100-YEAR FLOODPLAIN EASEMENT R=30.00' KNOW ALL MEN BY THESE PRESENTS: � Central Zone (4202), North American Datum of 1983. \\ / / Mayor Chairman Q / \ �\ UNDERGROUND L=47.12� � UTILITY EASEMENT • \ 5is��iRFc - CB=S44°27'07"W THAT I, David J. De Weirdt, do hereby certify that I prepared this plat from an actual and accurate survey of the land a 2. The coordinates shown hereon are grid values. The combined scale factor � � ��PELOTON�� � / VOL.4247, PG.2908 , � utilized for this project is 0.999873440. N41°18'25"W � D.R.D.C.T. C�2�43 and that the corner monuments shown thereon were properly placed under my personal supervision in accordance � 147.59� 74.19� f with the platting ordinances, rules, regulations and resolutions of the Town of Westlake, Denton County, Texas. Town Secretary Town Secretary � 3. Approximately 10 acres within the Jesse Sutton Survey, Abstract No. 1154 � � � / N89°54'09"W 898.42' N89°5� Dated this the day of , 2020. � and 61 acres within the Richard Eads Survey, Abstract No. 393. � PKF / �� ' � Q 4=3 55 08 HW 2421 LAND, LP Z 4. No easements will be allowed by separate instrument without express written / - � � ��, DOC. NO. 2009-55583 � PRELI M I NARY ? consent by the Town of Westlake. ( / \ R=1882.50 O.R.D.C.T. THIS DOCUMENT SHALL � � � L=128.76' NOT BE RECORDED FOR } 5. Maintenance of parking and pedestrian access easements shall be the I I CB=S88°08'17"W 1 DAVID J. DE WEIRDT ANY PURPOSE AND o responsibility of the property owner. C=128.73' ' REGISTERED PROFESSIONAL o ` LAND SURVEYOR NO. 5066 SHALL NOT BE USED OR � ZONED R-1 VIEWED OR RELIED a 13455 NOEL ROAD UPON AS A FINAL � 6. Pedestrian access easements are private, common access areas. ` ' � TWO GALLERIA OFFICE TOWER, SUITE 700 SURVEY�D'O�ENT � DALLAS, TEXAS 75240 � 7. Drainage easements on this plat shall be private and not maintained by the ' PH. (972) 770-1300 � Town of Westlake. david.deweirdt@kimley-horn.com N J m 8. According to Federal Emergency Management Agency's Flood Insurance W Rate Map No. 48121 C0655G, for Denton County, Texas and incorporated areas, �E�ENo: F I NAL P LAT � dated April 18, 2011, this property is located within Zone X (unshaded) defined as STATE OF TEXAS § a "Areas determined to be outside the 0.2% annual chance floodplain" and Zone AE 0 = DELTA ANGLE OR CENTRAL ANGLE COUNTY OF DALLAS § S C H WAB AT LAKE T U R N E R AD D I T I O N � defined as "Special flood hazard areas (SFHAs) subject to inundation by the 1% P.O.B. = POINT OF BEGINNING � P.O.C. - POINT OF COMMENCING BEFORE ME, the undersi ned, a Notar Public in and for the said Count and State, on this da ersonall annual chance flood (Base Flood Elevations determined)". If this site is not within - g y y y p y LOT 1 B L K A � appeared David J. De Weirdt known to me to be the person whose name is subscribed to the foregoing instrument � � an identified special flood hazard area, this flood statement does not imply that the O.R.D.C.T. = OFFICIAL RECORDS, DENTON COUNTY, TEXAS and acknowledged to me that he executed the same for the purpose therein expressed and under oath stated that BEING 71 .1394 ACRES SITUATED IN THE � ro ert and/or the structures thereon will be free from floodin or flood dama e. DOC. NO. = INSTRUMENT NUMBER � P p Y 9 9 the statements in the foregoing certificate are true. � On rare occasions, greater floods can and will occur and flood heights may be VOL. = VOLUME RICHARD EADS SURVEY, ABSTRACT NUMBER 393, a increased by man-made or natural causes. This flood statement shall not create PG. = PAGE AND THE JESSE SUTTON SURVEY ABSTRACT NUMBER 1154 � liability on the part of the surveyor. BDF = 5/8" IRON ROD WITH 3-1/2" BRASS DISK STAMPED "TEXAS GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 2020. ' ' � DEPARTMENT OF TRANSPORATION" FOUND TOWN OF WESTLAKE, DENTON COUNTY, TEXAS ° 9. Flood Study entitled Hydrologic & Hydraulic Study Report Circle T IRF = IRON ROD FOUND EXISTING ZONING: PD3-5B = Ranch/Project Blizzard, dated January 20, 2017, prepared by Timothy Whitefield, IRFC = IRON ROD WTH CAP FOUND PROPOSED ZONING: PD3-5B �' P.E, Peloton Land Solutions. IRSC = 5/8" IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET � PKF - PK NAIL FOUND Notary Public in and for the State of Texas _ ■ M M 10. Notice: Sellin a ortion of this addition b metes and bounds is a violation of PIL = POINT IN LAKE � 9 P Y OWNER/DEVELOPER: ENGINEER: � w city subdivision ordinance and state platting statutes and is subject to fines and CS KINROSS LAKE PARKWAY LLC KIMLEY-HORN AND ASSOCIATES, INC. � withholding of utilities and building certificates. C/O CHARLES SCHWAB & CO., INC., 13455 NOEL ROAD, TWO GALLERIA � CORPORATE REAL ESTATE OFFICE, SUITE 700 Q 2309 GRACY FARMS, AUSTIN, TX 78758 DALLAS, TX 75240 13455 Noel Road, Two Galleria Office Tel. No. (972) 770-1300 0 11. All easements shown hereon are by this plat unless otherwise noted. Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972)239-3820 Y CONTACT- KATIE BLAIR Brad Moss, P.E. w Copyright�02020 katie.blair@schwab.com brad.moss@kimley-horn.com Scale Drawn by Checked by Date Project No. Sheet No. Z Kimley-Horn and Associates,�nc. PH. 512-682-5859 PH. 972-770-1346 All rights reserved 1" = 100' SRD DAB/DJD SEP. 2020 063934076 2 OF 2 � 0 TOWN OF WESTLAKE RESOLUTION NO. 20-33 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A FINAL PLAT FOR SCHWAB AT LAKE TURNER ADDITION. WHEREAS,the Planning and Zoning Commission held a public on October 12, 2020 and voted unanimously to recommend approval of the final plat; 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 12, 2020, does hereby approve the final plat 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 20-33 Page 1 of 3 PASSED AND APPROVED ON THIS 26TH DAY OF OCTOBER 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Resolution 20-33 Page 2 of 3 EXHIBITS EXHIBIT A Final Plat—Schwab at Lake Turner Addition Resolution 20-33 Page 3 of 3 WESTLAKE TOWN COUNCIL T H E T a w N 0 F TYPE OF ACTiON W E S T L A K E Regular Meeting - Action Item Monday, October 26, 2020 ToPrC: Conduct a Public Hearing and consideration of an ordinance approving proposed amendments to Ordinances 720 and 830 approving and amending the development plan for the PD 1-2 zoning district, known as "Westlake Entrada", located north of Solana Blvd., east of Davis Blvd., and south of State Highway 114. STaFF CoNTaCT: Ron Ruthven, Planning and Development Director Strategic Alignment � � i i � . � . . , : ' � � � 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. . , Outside the Scope of Tdentified Strategic Initiatives Time Line- Start Date: October 12, 2020 Completion Date: October 26, 2020 Funding Amount: N/A Status - N/A Source -N/A Contract: No Forms: N/A EXECUTIVE SUMMARY(INCLUDiNG APPLiCABLE ORGANiZATiONAL HISTORY) The purpose of this item is to consider and discuss requested changes to the Entrada development plan by the master developer, Centurion American. Given the scope of the proposed changes, and taking into account the supreme importance of the development plan in ensuring development efficacy, staff proposes a multi-step process moving forward. As a first step, staff proposes minor amendments to development plan(attached) that involve plan design and layout, further detailed below. The original development plan was approved by the Town Council on October 28, 2013 by Ordinance 720 and subsequently amended by Ordinance Page 1 of 5 830 on June 19, 2017. Ordinance 830 approved amendments to only the Phase Two portion of the development plan. Therefore, at a minimum, the development plan should be updated to accurately reflect approved construction, and approved but unconstructed development in Entrada before any additional site plan requests can be approved. Therefore, in working with staff, the developer has submitted revised development plan exhibits that also include improved graphics and details. The next step would involve major amendments to the development plan on a future agenda based on a second attached eXhibit provided by the applicant that is intended for "discussion only" on this agenda and is further explained and detailed below. Also attached is a comment response and narrative from Centurion American explaining some of the proposed changes and responding to staff inquiries. DEVELOPMENT PLAN REQUIREMENTS FOR ENTRADA The purpose of the development plan is to serve as the guiding master plan for the development while also serving as the regulatory control plan for the entire development. Unlike a concept plan, the development plan is scaled, contains more detail such as exact roadway locations and lot boundaries, and serves to act as a high level site plan for the entire development. The following are the specific legal requirements for the Entrada development plan: • Section 102-267—Town of Westlake Code of Ordinances - `7f the Council requires, as a condition of establishing the PD district and approving a PD concept plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire development at one time or for individual phases of development. Each plan shall be submitted in 1 S copies to the town manager or his designee. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary drainage study for the area covered by the proposed plan. If deemed necessary by the town manager; the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to commission action." • Ordinance 703 — Exhibit A— Section Four - Subsection 5.3: Ordinance 703 approved the Entrada zoning regulations. While this ordinance did not specifically require a development plan, it nonetheless required site plan approvals for all development "to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan." • Resolution 13-34 — Section 1 — Definitions: This approved a development agreement between the developer and the Town and served to require a development plan for the development. It also reiterated the Ordinance 703 requirement that the site plans must be consistent with the approved development plan: "The Development Plan shall mean an approved Development Plan completed by the Developer in compliance with Section 102- 268 of the Town of Westlake Code of Ordinances and approved by the Town of Westlake which shall govern the approval of all Site Plans as defined in this section that are submitted for constr�uction in the Development. " Page 2 of 5 • Ordinance 720 — Section 2: Given the development plan requirement in Resolution 13- 34, this ordinance served to approve the development plan with multiple conditions and to require development compliance with the development plan: "This Planning Area [PDI- 2J will be subject to the Development Plan as set out in Exhibit �B". • Ordinance 759 — Section 2, 3, 4 and 5: This ordinance amended the development plan approved by Ordinance 720 by adding the following plans: - Master Landscape Plan - Lighting Plan - Paving Plan IMPORTANCE OF UPDATING THE DEVELOPMENT PLAN As noted previously, the Entrada development plan is mandated as the primary master planning tool for the PD1-2 zoning district. Therefore, moving forward, the development plan should be updated immediately in conjunction with future site plan requests and utilized for its primary purpose: to ensure development consistency with the PD zonin�regulation framework and with the develo�ment's ori�inal vision. Taking into account the importance of the development plan, staff recommends that the development plan be updated by the master developer prior to approving any additional site plans in Entrada, for the following specific reasons: • The phase one portion of the development plan has not been updated since it was originally approved in 2013 and does not account for the many site plans that have been approved and/or repealed subsequent to its approval. • The original development plan is difficult to read and does not fully comply with the Town's PD zoning regulations noted above. • Future changes to development access given the construction of service roads along SH 114 must be shown given the potential impact that direct freeway access will have on the development. • The numerous proposed site plan amendments and changes proposed by the developer will likely result in changes to various factors including parking, traffic, open space, etc. • The delay in constructing key development amenities is negatively impacting the attractiveness of eXisting residential construction in the development. Therefore, staff recommends that construction phasing should also be addressed in the development plan before any additional site plans are approved. PROPOSED AMENDMENTS For Consideration - Page 3 of 5 Attached are two separate exhibits detailing proposed amendments to the development plan. The first exhibit includes all site plans approved to date, visual, formatting and style improvements, much of which was recommended by staf£ These changes are detailed as follows: • Color coded legend added to plan which reflects land uses (current and proposed). The colors correspond to standard industry classification codes (SIC) for each use; • Detailed structures, including parking, have been added where a site plan has been approved; • Survey data and confusing, overlapping labels have been removed; • Housing breakdowns for Entrada by Block have been added; • A roadway connection to the future State Highway 114 service road has been added. • A second page showing an updated Entrada trails plan has been added For Discussion - The second exhibit includes changes proposed by the developer that involve amendments to existing site plans, new site plans, and new land uses. This plan is not shown in color and is provided strictly for discussion purposes. Upon presentation and discussion of these items, the developer will likely bring a forward a formal request for amendment on a future agenda. These potential changes are detailed as follows: • Block B (the former gas well pad site plan) shows a hotel, multi-purpose events and conference center, and a storage building; • Block K(Plaza Mayor) shows condos on all 3 sides, addition of a pool house and removal of the parking structure on the southeast corner replaced by surface parking; • Block C (the old amphitheater site) shows a new use containing a "residential repository" along with retail buildings; • Detached residential buildings are shown on Blocks E and H where no site plan has been approved; • The small artisan retail buildings on Block N are shown. The sites have not received site plan approval; • Townhomes are shown on portions of Block M. The sites have not received site plan approval; • Proposed public art and public art gathering areas are shown. The proposed changes detailed above involve significant changes to the development and will require further amendment to the development plan on a future agenda. As part of the formal consideration of these potential changes the following items must be addressed as part of the development plan amendment and/or site plan consideration: • Compliance with the Entrada Design Guidelines; • Compliance with the zoning purpose and intent (Exhibit 3) in PD 1-2 zoning Ordinance 703; • Compliance with the Comprehensive Plan; • Traffic, parking and internal circulation impacts, including guest parking for housing and structured versus surface parking thresholds; • Impacts on open space,public areas,public art, etc.; Page 4 of 5 • Event programming and management; • Development scheduling; • Criteria for constructing and opening non-residential amenities versus residential units; • Housing analysis, type, distribution and design; Staff is working with the developer to obtain and analyze this information. PLANNiNG AND ZONiNG COMMISSiON RECOMMENDATION The Planning and Zoning Commission voted to recommend approval of the proposed amended development plan (attached as Exhibit"A") subject to staff's recommendations at the October 12, 2020 meeting by a(5-0) vote. STAFF RECOMMENDATiONS AND SUMMARY The proposed development plan amendments recommended for consideration include visual, formatting and style improvements, much of which were recommended by staff as a first step in updating the development plan based on current and approved site plans. However, the other changes proposed by the applicant, as detailed above, are for discussion only. Therefore, staff recommends approval of the attached color development plan and trail plan (attached as EXhibit "A" to the proposed ordinance) subject to the following conditions: 1. The plans shall replace the plans shown in E�ibit B, Ordinance 720 and E�ibit A, Ordinance 830. 2. All development approved in Entrada shall comply with the design guidelines approved by Ordinance 760. 3. That all other provisions of Ordinance 720 not in conflict with the new development plan eXhibit shall remain in full force and effect. 4. In the event of a conflict between the development plan and Ordinance 703 and Ordinance 760, Ordinances 703 and 760 and their amendments where applicable shall control. 5. With regard to housing type, counts and entitlements, information shown on the development plan is purely informational and shall not be considered regulatory. Final regulatory approval shall be determined upon consideration of the applicable site plan by the Town Council. It is understood that,pending discussion of the development plan eXhibit provided for discussion purposes only, further changes may be proposed for consideration on a future agenda. ATTACHMENTS 1. Current Approved Phase One Development Plan (Adopted by Ordinance 720) 2. Current Approved Phase Two Development Plan (Adopted by Ordinance 830) 3. Comment Response Received from Centurion American— 10/8/2020 4. Proposed Amended Development Plan for Consideration (Exhibit"A") 5. Developer Proposed Development Plan Amendment (for Discussion Only) 6. 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Monument P ta W9k do�e�,a - DENTON CF�EEK REGIONAL gM � Benchmark / WASTEWATER SYSTEA� EASEMENT � n� �J,J ntio le / �_ —���� ��7 y � p � Water � ' FH- Fire H drant 445 Pro osed Contours H � � � ' WM- � Water Meter a ��2:�5 I�� 2, � �� L=393.46 d� , Con crete Pavem en t w 12k gqE� �s9 . � � PROPOSE015.0' ._� , ,. 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I-35E, SUITE 200 - CARRQLLTQN, TE7CA5 Ph {4fi9y $92-72�D P P 3 Fax t469) 892-720� �Contac� JACK DAWSON TRQPHY CLUB � q � LEGEN❑ DEVEL�P�� �WNER SURVEY�R/ENGINEER � � �� � 0 ��p.F' I _, CRE�' �¢��c �BDS dAAAES y��.`' Medlin �Eqp '�r, � � Cemekery Golf `"y � CENTURIQN AMERICAN MRW INVEST�RS, LLC B�� in�. �-�'� $ r Y o � ►i �ROPos�n caTE va�v� � ��� 5�.� �..� �9u�s� g � 1$Q� Valley View Lr�ne, 5uite 3�4 �8�� Volley View Lane, Suite 3�D . 2595 �allas Parkway, 5uite 204, Frisca, 7?C 75034 ��' ��pHY � �a,�,,�r SEµ�H�LE '� a y � PROP�SED FIRE HY�RAN� Farmer Branch, Texos 75234 Farmers BrQnch, Texas 75�34 � Car�ta�t: Jason A. Frey. P.E. __ `�A � °' P � W= _ � CQntact: Michael Beat y Cantact: Michael �ea{y �"el: 972-464-4$OD • www.�geinc.com -____ ��4 ��Fp Gqo ��°'�'c���������R�,�s s aa x IN�' w PR4P�SE0 WATER SERViCE T�lep hane: �2 1 4} 2 8 7-3 Q 0 9 Te fe�hone: (2 1�� 2 8 7-9 D 0 9 Y��L S L i c e n s e d S u r v e y i n g F i r m N�. 1 0 1 9 3 9 5 3 _ � � p � r x� � � CopyrEght 2077 ��� � e�S. � WITH METER - {a r z � J � BGE Inc. PR�P05E� SANITAF2Y _ __ WESTLAKE - � F� ,�,���� � �595 ❑allas Parkway, 5uit� 2�4 � MANH�LE -__ �,, � ; Frisco, TX 75n34 ` - � - � Tel: 972-464-48d0 • www.BGEinc.cam PROP�SE❑ SANITARY "' - -- TgPE Re �str�tivn No. F-'1�46 SERVICE -- - `� � " -_ � 9 0 PR�P�SEQ S7�RM MANH�LE B�t�cH�Al2K5•� , - _ _�� � ~� �� -__. a 2� 4o so "�"�' Cantact: Jas�an Frey ��':::- �-� �� ~� �/ '- � 114 ' Tel: 972-464-4821 _ � , ta��-�. �- _ � � __ � � _ r Copyright 2�17 o PROPOSED 570F2M INLE� Bl�t - �" �ut found or� tap oi eurb at the south medion �rose approximately - _ �� - --_. �r _- 5�,a�.�: �" - aQ' z 4� 691 feet sautf�east of the intersection of 5alono 81vd, and Davis Blvd. ---� �� �'`-- - --- _ ❑UC� BANK MANHOLES ��"� �fi������ - ` �'- - W SQ�-A�A � � Ff1�.��V1�1 ! �_ - ' ` ` � . a SITE 4r ANa PULL BOXES � ta`� BI�2 - '❑" Cut found on tap oi curh in the west turn lane median at the W�-���tr`�� '-, ROANflKE - QOVE � c3�'s,� W.E. WATER EASEMENT intersection flf tiovis Blvd. ond Hwy 114 nppraximately 38 feet west of the ; ,��ARi�:Er'�-� J '1- centerline of Davis 9lvd. and 8 €eet southwest of traffic signol pole on _ - ��:. =-`'�� �� �'. = G'�:�F �.�. ❑R AI N AGE EASEM EN T southwest �amer af intersectian. _--�, _. := � ooa � EICY. BB�.93� , v��� �. �� � � � 'ti`t�'� a W.M.E. WALL MAIN�ANANCE EASEMENT �� ,-1 �-� '-. �' �-:.. �- �� TB�A1 - "�" Cut in median nase Eacated � 7�D feet southeast af intersection of aavis - - - �� ;;� ��� r"`� ' '-� V�CiNITY MAP + 61vd. and �ave Road. Elev. fi68.98 ,t.� • T�I-C�GLi:,: �, ,; f-� � �:,,�r �^� � � '-. ( 7 DEVEL��ER iVDT Ta SCALE � A BLOCK NAME _ � r� �� � I TBM2 "❑" �ut in median nose at intersecti4n of Qovts Blvd. and Bull Woy. ��' k:; �'` f�ev. 679.58 '� �. �� � �_ �'- CENTL1RI�N AMERiCAN • , � . v� � -1 '-__ 18�D Valley View Lane, 5uite 3a� , `r,, ��� �❑�N��' �� �Q �I Farmers Branch, T}C 75234 � PR�POSE� TRANSFORMER � , 6 EASEMENT � � ' �� �:.. _ v� y -, I Contae#: Michaef 6eaty � PR�P�SED TRANSF�RMER � �,;;� : � � fl e _ I Tel: ��4-2$7-90�9 PR�POSE� STREE7 L.IGHT � � .�`��;- � �`-- � � � �SSWR � �, PR�POSED S�REET LIGHT °� � � , WATER � �� � � /� �] I n y - - � ESM�f ! 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Medlin �Eqp r, � 18�]Q ValEey View Lar�e, Suite 3D� 18�D V�!!ey View Lone, Suite 3�fJ . = 2595 Da��as Parkway, 5uite 2a4, Frisca, T}C 7�03G �����,, CemetJ� cqu�s� fi{ � a � F Q r m e r S r a n c h, T e x a s 7 5 2 3 4 F a r m e r s 8 r a n c h, T e x Q s 7 5 2 3 4 � C o n t a c t� J a s a n A. F r e y, P.E. � as�- �`� �- �� � a � � TftOPHY 2 A�f�, S E µ l N O L E � U Cvntact: Michael 8eaty Con'ta�t: Mi�hoef Beaty �"el: 972-4G4-480D ■ www.k�geinc.com �'-��,°p � ��.�E ��sN �� � N � Telephone: �21�}} �87---90Q9 Telephone: �214} �87-90�9 TSPLS Licensed Surveying �irm No. 1Q193953 CoPYright 2017 114 F G�p ��°°y YN ����nao�+���ss aQ x � �' �'-i � c rx� � - � pr � BGE Inc. �lack L Lat Areas Block Q Lot Areas Block T Lot Areas {a z � � � � Lat I�o. S . Feet Acres Lot Na. S . Feet Acres Lot iva. S . Feet Acres WESTLAKE � � F� �u,�R�� � �595 ❑allas Parkway, 5uits 2�4 7x 1�42 D.�24 1 49829 1.139 1 x 3714 ti.D85 � � Frisco, T7C 75�34 -� D 8 18�13 Q.4�8 2 123�3 �.282 � ' Tel: 972-4�4-48D0 • www.BGEinc.cam 9x 6]3 ❑.014 3 9495 �.218 TgPE Registr�tian No. F-'1�46 1� � 1�53 ti.254 a 78�4 0.18� °��"�' Cantact: Jas�n Frey 1 � 765a �.�75 5 51 Z � Q.1 1 7 � 12 1 1�65 �.254 5 38 i 6 �.�88 � ��4 ' Tel: 972-464-4821 13}C 1 145� Q.263 7 31�56 0.713 � Copyright 2�17 Q 20 4� S❑ � �u.3a 14 1 C1429 �.239 8 27�33 �.625 � SQLAI'fA - 1 5 1�595 �.243 9 324i f�.f]74 a ���� �, C7F�i�{]h�.`-'�EcK �- 1 fi 1 1295 0.259 10 8138 0.187 SCALE: 1" = 40� �to�`c WAriEWRT��� S'r'�-+FM EA'_ 17X T 132 �.��fi 1 � 43�fi �.�99 ROANflKE - QOVE r`��'s `��_ 1�0�. 13E��, F'+,. F' 18 15281 D.374 12 55�5 �1.1�9 $ ���,.�F ��JC�� �2��+� �'G. S �"'- 19X 3�8� Q.�73 13 8549 0.196 ood v`3 � �� �e�'.F'_�'.I.�_�. 2D 12952 0.298 1� 7257 �.167 �.:,t�`� � � �_ �i �1 14S5i7 �.334 15 9934 �.�28 `� ' ` z2x .���a� a.�o� �s sa�� 0.20� ViC�NITY MAP - . � � �- � �� �, ,+'� �"� !�� 23 8397 �.�93 17X 163063 3.743 �NaT Ta SCALE� �EVEL��ER '. � � 24 9140 d.�1� '--__ � ��_,_ ��.� �� �o�s �.�s4 CENTLiRIQN AMERiCAN � - `--. ��. 2fi �8�� ❑.��� 18�D Valley View Lane, 5uite 3a� � Farmers Branch, T}C 75234 __ _ -. - � � � _ . � �_ "'-__ __ -, o�s� �PC��� ��� LEGEND Contae#: Michael Beaty � �` a - Tel: ��4-2s7-9�o9 '- � �� -._ �� � '`. .�`--.� z H PRQPDSED GATE VALVE � _. -�_ _ . 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P.R.T.�.T. � `� � `�� �, .y aEVEL�PMENT z� �E � TLAKE E NTRAI�A W � �: PHASE 2 2 �F 2 �� 12.839 ACRES �� M a y 18, 2�17 Qrdinan�e 83p °= �� Entrada Development Plan Amendment Comment Response Received from Centurion American — 10/8/2020 "Specific Items from the written comments received are address below: 1. Staff comment—Approved PD Site Plans a. We have updated to include all approved PD Site Plans with the parking and building footprints. Shading has been cleared up to be sure these footprints are more visible. b. Land Use details are shown through the improved color shading. 2. Staff comment—Areas without approved PD Site Plans a. Are shown as lot boundary and color category only,tieing back to the last approved Development Plan from 2013. b. Block K has been updated to reflect the last Council-Approved PD Site Plan showing the one Condo Building and Two Hotels that ties with Ord 854. 3. Staff comment—Open Space, Plazas and Public Areas a. The approved Master Landscape Plan was intentionally focused on the perimeter of the development, with the plan being that the internal areas would be addressed during the PD Site Plan process. This is the process we have been operating under since 2013. We have installed all of the perimeter hardscape as shown in the approved 2013 plan, and the only areas where we have not installed plantings/landscape is where the SH 114 frontage road is going to be installed next year. Once the frontage road is complete,we will be able to adjust the planting schedule along the frontage road and do a final installation. b. Current open spaces are identified on the As-Is 2020 Development Plan where we have approved PD Site Plans and we have included the area table to further highlight. c. On the B&W version of the Development plan,we show the Public Art and Public Gathering/Art areas that tie back to the 2013 Plan. These were not included in the color plan because it becomes too cluttered to read. Should we include a B&W plan as a second sheet in what we are working to have approved now ? The intent in showing these PA/PGA areas in 2013 and 2020 is that when the specific PD Site Plans for these areas are brought forth they will address and include the PA/PGA in detail. We can't plan out to this level of detail with defining the surrounding and adjacent areas of development. And we won't know those until the PD Site Plan processes are complete to know what`Needs of the People' are being met by that specific area of development. d. Our intention with the remaining Single-Family Detached areas identified in Yellow on the As-Is 2020 DP is to adhere to the design and concept behind the original zoning and the 2013 Approved Development Plan. The areas that are in Orange indicating future Attached/Townhomes on the As-Is 2020 DP that will require a PD Site Plan process and approval will have the opportunity at that time to highlight the smaller public space areas/dog parks on an individual basis. One of the unique qualities of a true village is the differentiation in the various areas of development that also include a component of time, whereby the village has developed and evolved over generations. We would be heading in the wrong direction to try and mandate methodology and design standards over the small park areas that continue to make the Entrada development unique and interesting. It is these `hidden jewels' in authentic villages that provide a sense of discovery 'around the corner' on a pedestrian Page 1 of 4 scale that will continue to add flavor and character to Entrada as we move through the development process. 4. Staff comment—New and/or unclassified land uses and residential items entitlements. a. We are not requesting to increase the overall Residential Unit Count at this time. The Block K PD Site Plan as previously approved has the 150 units allocated to it. b. We are requesting to add the Residential Repository use at this time,to support the PD Site Plan Submittal for Block C. c. Formal Narrative for the Residential Repository use: The Residential Repository is a proposed, multi-story,vertically-integrated, mixed-use building located in the heart of Entrada. Hearkening back to the original zoning discussions,this facility meets the true intent of the Village by meeting several 'Needs of the People'that are the residents of Entrada and the Town of Westlake. Specifically,the first floor of the facility provides the opportunity for the Artisan workshops and showrooms that were originally planned to be located on the Pedestrian Bridge. These spaces will have operating store fronts that will allow Craftsman, Photographers,Artisans and others to have high-visibility while remaining small enough to be affordable. These spaces will also be well-suited for office/warehouse and high- end vehicle storage/showrooms. This space is engineered to be as flexible as possible while externally the building looks like it was constructed in the heart of the Village 500 years ago. The middle floors of the structure are designed to house a storage facility that will again, meet the Needs of the People in the Village. With 150 proposed condominiums across the canal and 120+single family residential homes with lower roof lines and minimal attic space,the on-site storage facility becomes a great amenity for these Residents of Entrada. Close, immediate access to conditioned space will allow those downsizing to move in to the Condos to keep their other valuables and heirlooms nearby and in the community. Seasonal clothing changes,furniture pieces and other items that are too cherished to part with are all available on short notice. Conditioned-Space Wine Storage and other similar uses are also being provided within the middle floors. The third use of the building is a roof-top bar and tapas venue. This is being located to take advantage of the tremendous views afforded by the 5-story structure. The outdoor patio will overlook Restaurant Row, Chapel and Reception Hall and the Harbor providing unparalleled views. Overall this facility will provide around 100,000 sqft of commercial space in Entrada and will be flexible enough to meet both the current Needs, and future Needs of the Residents of Entrada and the Town of Westlake. It's uses fit the original intent of the zoning, and the building size and configuration help to convert a topographically challenging building site into a value-add component of the Village. 5. Staff comment—Land use classifications and Legend: Page 2 of 4 a. We have updated the legend and shaded as best as possible, including some hatching where appropriate. b. Specific comments on the graphic have been addressed. 6. Staff comment—Site data summary table—Now included 7. Staff comment—A diagram or drawing of the boundaries of the proposed PD District—we have added the PD1-2 boundary to the development plan. 8. Staff comment—Parking Study. By reverting to the approved PD Site Plan for Blocks B and K for the As-Is 2020 DP,the 2017 Parking Study is still accurate. Moving forward, any uses or variances from the assumed uses and densities used for the 2017 DeShazo plan will be addressed with an updated Parking Study. Additional Comments: Development Phasing and Construction Schedule. Our Development and Construction Forecasted Schedule has been greatly impacted by the uncertainty from COVID and prevailing market conditions, especially with regards to the ongoing turmoil within the Hospitality industry. At this time, here is a list of the projects that are confidently moving forward with immediate construction starts upon receipt of Building Permits: • Block H, Lots 2, 3 and 4. These three detached, multi-million dollars homes are being constructed by premier homebuilder Shariff-Munir on currently platted lots. They will commence construction upon release of building permits. Estimated time to complete is 16 months. • Block E, Lots 15-18x. These three detached, multi-million dollar homes are being constructed by Crescent Homes and will commence immediately upon receipt of the building permits. Estimated time to complete is 16 months. • Block D, Lots 1-20. These 10, detached homes will commence construction immediately upon receipt of the building permits. Estimated time to complete is 18 months. • Block C, Lot 1 Residential Repository. Construction will proceed immediately upon issuance of the building permit. Estimated time to complete is 12 months. Additionally,we are almost fully leased up at the Retail Corner and Bush Architects has been tasked to Site Plan additional small-scale retail and commercial spaces with surface parking as this product has been well-received by the market. You can see the first of these buildings on the balance of the Block C PD Site plan adjacent to the Residential Repository. Restaurants shells are essentially complete, but with COVID and the time of the year we are now looking to open up in Spring of 2021. Wedding Chapel is complete and Reception Hall is 8-10 months away from completion. Parking Garage will be able to proceed with the Masonry Veneer upon approval of the sample wall. It is expected to be complete by year-end. We really do not have visibility beyond these projects at this time. Lifetime Fitness has previously expressed an interest in working on the Phase II land, but that has not moved forward due to COVID. Page 3 of 4 The Gun Range was put on hold by Mr Schober when he terminated the purchase contract for the land. He had previously expressed an interest in putting the land back under contract and close early next year, after the election and inauguration, but I have not heard from him for quite some time." Page 4 of 4 _ � _ � _�7�r • r C� _ • Map Color Entrada Development Plan Land Use Categories �� Single family Residential(detached) _ s � . � � � Single Family Residential(majority attached/townhome/brownstone} _• � � Residemial Condominium(Stand alone) � � y _ �_ � .�. MixedUse(Vertically Integrated Residential�ondominium with tommercial} . . . . . . . . . . � ` � _ `� _ OFfice /�/ �Q �� � • • _ . Retail(includes restaurents} J U �• � • � _ � � - � r � Hotel/Other Cammerical � �� ` A �� * Entertainment/Recreation/Events � � �� 'p ' p -Rq `� ��• _ . � 1� _ �• �a, Institutional(Church,Government, hospital) � � W'F- � �ti _� _ � � _ Utilities/public parking areas/roads I _ �F`s lq�,k ----� . ,;., `� ' r ,� Parks and Open Space(Including Public Plazas) ---� / Q % / RETAIL _• _ � � " �� � �� waterfeatures � I q _ S �..a. ,� Entrada Development Plan Pedestrian Mobility Legend . � � � K ' � - - - � _ • � Public Trails �� 4 �; i� .�.� � GQN . —• _ ST�} ]- � � � � � . Sidewalks �Q � ",��`,�`< \ �,� / .� ,.\��,- _ - PR P . �-H�}, 7 1 / / 1 ������ Public Passages(European Style-includes pedestrian only bridges} � , e 1� �� �; � �� X 1 1 � BLOCK P - _' _ � � ��. i ���� _ • S � �` 'rz,: f �� OFFICE �,.• ' _ . - Q � _ - � i o .� q _ - . x x�� � •� ���,0 � ,.�,-� ,,,��x� '`� P �� - AMPHITHEATER ° . � —� N,� ' �_:� ���-_� �� � ° BL K C �. _ - � - � -- - - - BLOCK B 1 Z o �_ _ � - „ x � �-Y: a � 1 Q _ •_ 1�; - D �_ f i 1 x ¢ n O. • . _� � 1 � _ � � '� � �� _ • i BLOCK M , � GAS PAD � .� � l � _ _ � RETAIL �--- p % 1 �— � ,_ / o � � � • 1 � ,�o 0 0 o rARRAGON---�� ART . ` � � - t � �+ ` A-� �• ` � , Q Q-- R �� 1 RESTAURANT , � �r •°oa RETAIL 1 x� � RECEPTI4N `. �� � r � ` _� ' �'� B§OCK N � � %_x��� a� ``• •� � 4 .. � _ ap#k�tt�� � � : �_� - � � � � a t ` Q ` � o � 9 � z - p CHAPEL TOWN HALL � � ��, � O g �� ` � • ` . � G :::.: P�P o � r :�� . ��i \ �� .y.�� � � \ -�� \ Q � �� � � . \ � �\\� - � MI gED BL ART � ` � � ��� � . �� � � " � � � . �\ �� �\ ` PLAZA MAYOR � � ` • \�\ \� Q' ; BLOCK K ' �',p ` � � �� `,- e �- � �� / co � ` \\ � �� � -� RrFs �` . \� �� P � . � � BLOCK H BLOCK G BLOCK F � � ` O � � \\� � �' � ��s \� �� � E� � - � . \ � — � � . ��� \ � .�� � _ . . � 1 � � �} • • . � 1� z �'� � — c� 11 � 1 � �ro pp �_z Areas I1 1I 2 POO : . - . � USE A RETAIL CORNER 1.42 1 � B GAS WELL PAD SITE 7.22 ` ` � �O� C RETAIL/STORAGE 3.11 � y ti / C RESTAURANT ROW 1.27 l C CHAPEL/RECEPTION HALL 0.87 1� 4 Z � BLOCK D D RES 0.74 �� I ' D POND 1.24 E RES 2.14 F RES 2.86 I� � ' B�ocK E AP PROVE D G RES z.z9 H RES 3.os � �1 SITE LOT/BLOCK ORDINANCE T I RES 1.02 1 BL�C J RES 1.49 RETAIL CORNER BLOCK A 8c 0 SP I ORD 771 I 2- 22-16 � (EXISTING) RES o.�z 11 1` � .. K PLAZA MAYOR 5.81 ``� � � ���`' CVS LOT 3, BLOCK N SP I ORD 762 I 12-14-15 L TOWNHALL 0.65 1` \ Q (� - M RES 1.29 ��� � _ PRIMROSE LOT 2, BLOCK M SP I ORD 763 I 12-14-15 N MUMROSE o:3$ N RETAIL 1.76 ��� �� 0 BLOCK J LOTS 11 -16, SP I ORD 783 I 4-25-16 � RETAIL ,.ob � �\ - � 7X-2OX, BLOCK J P GUN RANGE/RETAIL 2.83 P OPEN SPACE 6.61 �\�� � BLOCK I BLOCK I SP I ORD 847 I 2-26-18 R MUND o:;� \\� �\ BLOCK I Q RES 6.23 � / BLOCK E LOTS 1 R-14, SP I ORD 837 I 9-11 -17 Q POND 3.,, ��� 19X-20X, BLOCK E Q Mu ,.82 � '�w � � �� PLAZA MAYOR BLOCK K SP I ORD 854 I 5-21 -18 � �► � �� �� GAS WELL PAD SITE BLOCK B SP I ORD 778 I 3-28-16 � � �\ BLOCK LOTS UNITS \� � �\ RESTAURANT ROW LOTS 2,3, BLOCK C SP I ORD 779 I 3-28-16 BLOCK D LOTS 1 -10 10 � \� CHAPEL/ RECEPTION LOTS 3A,6, BLOCK E LOTS 1 R-17 17 , � ��,� \� HALL BLOCK C SP I ORD 853 I 4-30-18 BLOCK F LOTS 1-14 14 `- � ,� ' BLOCK C LOT 1 , BLOCK C SP I ORD 777 I 3-28-16 � g�OCK G LOTS 1_15 15 * _ �� B L O C K H L O T S 1 1 4 1 4 � - '�' � �' � *- � UNDERGROUND GUN BLOCK I LOTS 3-14 12 �, �� . .��� � �, BLOCK P SP I ORD 909 I 5-18-20 � � , RANGE/ RETAIL BLOCK J LOTS 1-16 16 � MULTIPLE LOTS, BLOCK L LOTS 1-25 47 � �� � , �' PHASE 2 gLOCKS Q,L,T DP I ORD 830 I 6-19-17 BLOCK M LOTS 1-18 18 • �' { .� � � � � APPROVED ORDINANCE TO BE REVISED � 10/08/2020 oi SITE PLAN A1.01 SCALE: 1/128"=1'-0" ��— - �' NORTH • � R I - _ � • _�]� • ` h�, • Map Color Entrada Development Plan La nd Use[ategories _r � �� Single Family Residential(semi-detached or detached} y � • Single Family Residential(majority attached/townhome/brownstone) ` ��• �� � Residential Condominium(Stand aloney � � � � __ �� �`` Mixed-Use(Vertically Integrated Residential Condominium with Commercial) � � ' Office i/ o ���. �� . � /� � �� .•` Retail(includes restaurants) 1 � O ��• � \ Hotel/Other Commerical �� Q � � =�� _ • O � Entertainment/Recreation/Events � � �� --__ A �` _�• ` • Institutional(Church,Government,hospital) � ° ` Utilities/public parking areas/roads � =x.5 ,' �` • Parks and Open Space{Inclulding Public Plazas) � � �/ 4 �� � � , R - _ . ` water features � / B � �` �i` Entrada Development Plan Pedestrian Mobility Legend � � Public Trails � � � �--� ii � GQ� �• _ STq �'r � � � � � � Sidewalks i �Q / 'r"A �,� / •%���. �4i PR�` �-��Y , ������ Public Passages{European StyIe-includes pedestrian only bridges� �� �� � X 1 1 �j � � " OCK P �� 1 • _• •- .� s �•� \ . � � f � ° %� FIC • _ � � �'i., � ,i ..• _ • �,;y -- OO i .� o O / � _x�K 4 4 ' _ �x 1� , y AMPHITHEAT o �_ ' � x � _ . G RON� ��. � BLOCK B 1� � ' � — BL CK C �. � . 1 � o � � I p r� � � 1 1% • �' �O � 1 d b � . __ • BLOCK M GAS PAD % � � �� _ • � 1 � � _ v _ � F` ° 1,� %1 � ART � / • � ' g � r �rt . TqR � � �Q 1 ""_" � kqG N + � r r� % RESTAURANT . `� , � Q- ��` 1 1 � . r .gtt� RETA 1 ,� r � RECEPTION ` BLOCK N x_x� � '` � ! `` � ! $ � _x� r �u � �_x_x/x #a���a�a� • ` • � d � Q CHAPEL TOWN HALL • ` � o v a Z ` • � � O � ` � P� \ \ • P, O Jg� / o , �` • , �� � � • � , � -�� , � � � . � � MIX � ,� ��\\ r E �, L ART . � \ \� �\� � . . `\ �\\ �\ P BLQCK KOR TEL . � \� P ' � c�'� � ` \ \ ' � ` \ \\ A �� � �� � S �o� . \\ � -� TFS � . \� BLQC LOCK G BLOCK BLOC Q` ` \\\� c� � • ` \� �� t-'° � � S ' \ � � � � � , ��� � _ \ ~ \\ \ ED S � � • \ 1 • • \\ 1 4 1 � � • \\ 1 J �� 1 1 � I �` OZ pp , 11 ` � HOUS �� �l� � �°� 1 I ` � � BLOCK D � � 1� II � ' 1 BLOCK E � BLQCK 1 11 1 11 ,` � \� �\ o��`� \ , � d \�` � �\� �\ � �� �-�\ � \� �� BL I \ �\� \ \ �� � �� � \ �� � \ �� \ .\ �\ i BLOCK LOTS UNITS � BLOCK D LOTS 1 -10 10 � � BLOCK E LOTS 1 R-17 17 � BGE, Inc. BLOCK F LOTS 1 -14 14 2595 Dallas Parkway, Suite 204 Frisco, TX 75034 � BLOCK G LOTS 1 -15 15 Tel: 972-464-4800 • www.bgeinc.com � TBPE Registration No. F-1046 �l BLOCK H LOTS 1 -14 14 Contact: ,lason Frey � � F� Te1: 972-464-4821 �r4� \ � BLOCK I LOTS 3-14 � 2 Copyright 2017 � � � ° oo �� � _ � BLOCK J LOTS 1 -16 16 oQ� a � AN _ � \ BLOCK L LOTS 1 -25 4� 20 �o b 9 -- ��RRq � � � � / � ��� �� � � - - � .� RETAIL CORNER� Q�� \ RETAIL � � � \ DEVELOPER � � � a :�� �� —�� �,oN __ �� � STqrF CENTURION AMERICAN O � � � � WYyy4 1800 Valley View Lane, Suite 300 � ���� \ � Farmers Branch, TX 75234 � - �� _ m� _� GUN RANGE/� ��� � eb " � � a� ��� � � ' R T IL �� � ° �\\ • � � Contact: Michael Beaty Q / �.��.:.: .,:, � � � � � � p � �� � �� � Tel: 214-287-9009 a ° � � � � �\� � � FUTURE COIVIVECTIOIV� � (',�R� CONFERENCE ' � �� BLOCK C � � [� � � �� HOTEL CENTER "� � ,, �p RETAIL/ �� � MO ItELAN D / IPAG � p � ° 2 -'� r ' \ \ Enqincenny . Dev[la�me�nt • �_o�:tr.�ct�on _ o o -0 P ��� �� � . . 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DATE DESCRIPTION / 0 9 ° � / LOTS 1 R - 14, = 92'9 '� � � �$ 9 �� ' BLOCK E SP I ORD 837 I 9 - 11 - 17 o a��G � 5 6�,� ���,� 19X- 20X, BLOCK E o ° '` 3� LOCK I � � � � �X PLAZA M AYOR BLOCK K SP I ORD 854 I 5— 21 - 18 � � � � � 14 � d �' � �X 13 � GAS WELL PAD SITE BLOCK B SP ORD 778 I 3- 28- 16 � in %� 12 DRAWN BY: � �� `� � LAN D USE LEGEN D w ° �, RESTAURANT ROW LOTS 2, 3, BLOCK C SP ORD 779 I 3- 28- 16 CHECKED BY: � Y � �� RES: RESIDENTIAL CHAPEL/ RECEPTION LOTS 3A, 6 � DATE: � ° � H ALL B LOCK C SP I OR D 853 I 4— 30- 18 � " MU: MIXED USE PROJECT NUMBER: -� ° BLOCK C LOT 1 , BLOCK C SP I ORD 777 I 3- 28- 16 � 0 o P'4 PUBLIC ART " UNDERGROUND GUN gLOCK P SP I ORD 909 I 5- 18- 20 � PAG PUBLIC ART DEVELOPMENT w O RANGE/ RETAIL ~ GATHERING MULTIPLE LOTS, PLAN EXHIBIT � � � PHASE 2 gLOCKS Q, L, T DP I ORD 830 I 6 - 19 - 17 Z Q � U= Z a�i �° � APPROVED ORDINANCE TO BE REVISED w; � m� TOWN OF WESTLAKE ORDINANCE NO. 918 AN ORDINANCE OF THE TOWN OF WESTLAKE,TEXAS,AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PD 1-2),COMMONLY KNOWN AS ENTRADA, LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114; AND AMENDING ORDINANCE 830, WHICH AMENDED ORDINANCE 720; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 720 approved the Development Plan for Planned Development District 1-2 (PD 1-2), an approXimately 85 acre tract land, located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114; and WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which amended Ordinance 720 by amending only the Phase Two portion of the Development Plan; and WHEREAS, the developer seeks to further amend the development plan by replacing the previously approved plans in Ordinances 720 and 830 with a new plan that provides for additional graphics, tables, legends and that also include site plans and other changes that were approved by the Town Council subsequent to the Ordinance 720 approval date of October 28, 2013; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on October 12, 2020 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 720 and 830 included herein and shown in the attached Exhibit "A"; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property,published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on October 26, 2020 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Ordinance 918 Page 1 of 4 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS,upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 720 and 830, included herein and shown in attached Exhibit "A", should be approved and adopted. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 720 and 830 are hereby authorized: A. That Ordinance 720, is hereby amended to replace Exhibit B with the attached Exhibit "A"; B. That Ordinance 830, Exhibit A is hereby amended and replaced with the attached Exhibit "A"; C. That all other provisions of Ordinances 720 and 830 not in conflict with Exhibit "A" shall remain in full force and effect; D. In the event of a conflict between this ordinance and Ordinance 703 and Ordinance 760, Ordinances 703 and 760 and their amendments where applicable shall control; E. With regard to housing type, counts and entitlements, information shown on Exhibit "A" is purely informational and shall not be considered regulatory. Final regulatory approval shall be determined upon consideration of the applicable site plan by the Town Council. SECTION 3: That, except where provided specifically herein, this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 918 Page 2 of 4 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, TeXas, that sections,paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26t" DAY OF OCTOBER 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 918 Page 3 of 4 EXHIBITS EXHIBIT A Development Plan Amendment Ordinance 918 Page 4 of 4 TOWN OF WESTLAKE ORDINANCE NO. 918 AN ORDINANCE OF THE TOWN OF WESTLAKE,TEXAS,AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PD 1-2),COMMONLY KNOWN AS ENTRADA, LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114; AND AMENDING ORDINANCE 830, WHICH AMENDED ORDINANCE 720; PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law municipality; and WHEREAS, Ordinance 720 approved the Development Plan for Planned Development District 1-2 (PD 1-2), an approXimately 85 acre tract land, located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114; and WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which amended Ordinance 720 by amending only the Phase Two portion of the Development Plan; and WHEREAS, the developer seeks to further amend the development plan by replacing the previously approved plans in Ordinances 720 and 830 with a new plan that provides for additional graphics, tables, legends and that also include site plans and other changes that were approved by the Town Council subsequent to the Ordinance 720 approval date of October 28, 2013; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on October 12, 2020 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 720 and 830 included herein and shown in the attached Exhibit "A"; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property,published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on October 26, 2020 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town, and developers of land within the Town, are best served by adopting this Ordinance, which the Council has determined to be consistent with the 2015 Ordinance 918 Page 1 of 4 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS,upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that these amendments to Ordinance 720 and 830, included herein and shown in attached Exhibit "A", should be approved and adopted. NOW,THEREFORE,BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the following amendments to Ordinance 720 and 830 are hereby authorized: A. That Ordinance 720, is hereby amended to replace Exhibit B with the attached Exhibit "A"; B. That Ordinance 830, Exhibit A is hereby amended and replaced with the attached Exhibit "A"; C. That all other provisions of Ordinances 720 and 830 not in conflict with Exhibit "A" shall remain in full force and effect; D. In the event of a conflict between this ordinance and Ordinance 703 and Ordinance 760, Ordinances 703 and 760 and their amendments where applicable shall control; E. With regard to housing type, counts and entitlements, information shown on Exhibit "A" is purely informational and shall not be considered regulatory. Final regulatory approval shall be determined upon consideration of the applicable site plan by the Town Council. SECTION 3: That, except where provided specifically herein, this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 4: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 918 Page 2 of 4 SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, TeXas, that sections,paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional,phrase, sentence,paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 26t" DAY OF OCTOBER 2020. ATTEST: Laura Wheat, Mayor Todd Wood, Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Ordinance 918 Page 3 of 4 EXHIBITS EXHIBIT A Development Plan Amendment Ordinance 918 Page 4 of 4 Town Cou nci I Item # 10 — 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: - Front 44 - Entrada b. Section 551.071 - Discussion with the Town Attorney regarding pending, threatened, or contemplated litigation regarding drainage matters within Vaquero. Town Cou nci I Item # 11 — Reconvene Council Meeting Town Cou nci I Item # 12 — Necessary Action Town Cou nci I Item # 13 — Council Recap / Staff Direction Town Council Item # 14 — 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. Town Council Item # 15 — Adjournment