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Ord 600 Rezone and amend 276 acres in Planning Development PD 3-3
TOWN OF WESTLAKE ORDINANCE NO. 600 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AND AMEND THE METES AND BOUNDS OF AN APPROXIMATELY 276 ACRE TRACT OF LAND GENERALLY LOCATED IN TARRANT COUNTY, TEXAS, WHICH REFLECTS A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING GOLF, RESORT HOTEL, OFFICE AND RETAIL USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES AND BUILDING LINES, TOTAL FLOOR AREA, PARKING, LOADING AND OTHER DEVELOPMENT STANDARDS, LANDSCAPING, FLOOD PLAIN, AND DRAINAGE; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (sometimes referred to as the "Board") of the Tow of Westlake, Texas (the "Town"), adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Board adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Board after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, the UDC has been amended, with the most recent amendments being adopted on August 23, 2403 and WHEREAS, there is located within the corporate limits of the Town an approximately 276 acre tract of land (commonly known as Planning Area 3 - Resort and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the Board of Aldermen agree that the boundaries for PD 3-3, must be amended and certain uses clarified in order to accommodate the rezoning of adjacent properties; and WHEREAS, the Board 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 Board has determined to be consistent with the 2004 September 19, 2008 PA 3 - Resort and Office Page 1 ORDINANCE Comprehensive Plan, the Thoroughfare Plan, Open Space Plan, and Master Water and Sewer Plan all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART II That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 309, is hereby amended by this PD Ordinance, by amending the property described in the attached Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the concept plan, development standards, and other regulations attached hereto. PART III Upon the adoption of this PD, the Town Secretary shall promptly enter the new Planned Development on the Town's Official Zoning Map, which entry shall include the abbreviated designation "PD No. 3-3 " and the date that this Ordinance was adopted by the Board. PART IV It is hereby declared to be the intention of the Board of Aldermen 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PART V This Ordinance shall become effective upon its passage. September 19, 2008 PA 3 - Resort and Office Page 2 ORDINANCE PASSED AND APPROVED ON THIS 6" DAY OF OCTOBER 2008. ATTEST: Ki Sutter, TRMC, Town Secretary APPROVED AS TO L �Z,IJA.4- ��� Laura eat, Mayor Nomas E. rymer, anager September 19, 2008 PA 3 -Resort and Office Page 3 ORDMANCE CIRCLE T PLANNING AREA 3 RESORT AND OFFICE ARTICLE i. GENERAL PROVISIONS....................................................................................1 SECTIONI SHORT TITLE........................................................................................................1 SECTION 2 PURPOSES..............................................................................................................1 SECTION 3 GENERAL DEFINITIONS.....................................................................................1 Section3.1 Usage............................................................................................................1 Section 3.2 Words and Terms Defined...........................................................................1 SECTION 4 PD SUPPLEMENT..................................................................................................2 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS..............................................2 Section 5.1 Applicable Town Ordinances.......................................................................2 Section 5.2 General Approval Criteria............................................................................3 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS.....................3 Section6.1 PD Concept Plan..........................................................................................3 Section 6.2 PD Development Plans................................................................................3 Section63 PD site plans................................................................................................3 ARTICLEII. USES......................................................................................................................4 SECTION 1 LAND USE SCHEDULE........................................................................................4 SECTION 2 ACCESSORY USES AND STRUCTURES...........................................................9 ARTICLE IIL DEVELOPMENT STANDARDS....................................................................10 SECTION1 DENSITY...............................................................................................................10 Section1.1 Office.........................................................................................................10 Section1.2 Resort Hotel...............................................................................................10 SECTION 2 MINIMUM LOT SIZE...........................................................................................10 Section2.1 Office................................................................................................ .......10 Section2.2 Resort Hotel...............................................................................................10 SECTION 3 MINIMUM LOT WIDTH......................................................................................10 Section3.1 Office.........................................................................................................10 Section3.2 Resort Hotel...............................................................................................10 SECTION 4 MAXIMUM BUILDING HEIGHT.......................................................................10 Section4.1 Office. . ....................................................................................................... 10 September 19, 2008 Table of Contents PA 3 - Resort and Office Page i ORDINANCE Section 4.2 Resort Hotel...............................................................................................10 Section 4.4 Exceptions to Height Requirements...........................................................10 SECTION 5 MINIMUM BUILDING SIZE...............................................................................1 I Section5.1 Office.........................................................................................................11 Section 5.2 Resort Hotel......................................................... ..........11 ............................ SECTION 6 FRONT YARD SETBACKS.................................................................................11 Section6.1 Office.........................................................................................................11 Section 6.2 Resort Hotel...............................................................................................11 Section6.4 General.......................................................................................................11 SECTION 7 REAR YARD SETBACKS...................................................................................11 Section7.1 Office.........................................................................................................11 Section7.2 Resort Hotel...............................................................................................11 Section7.4 General.......................................................................................................12 SECTION 8 SIDE YARD SETBACKS.....................................................................................12 Section8.1 Office.........................................................................................................12 Section8.2 Resort Hotel...............................................................................................12 Section8.4 General.......................................................................................................12 SECTION 9 SLOPE REQUIREMENTS....................................................................................13 Section 9.1 Residential Slope...........................................................................................13 Section9.2 Roadway Slope..............................................................................................13 ARTICLEIV. EXHIBITS.........................................................................................................14 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer September 19, 2008 Table of Contents PA 3 - Resort and Office Page ii ORDINANCE ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Circle T Planning Area No. 3 - Resort and Office Planned Development Zoning District Ordinance", or simply as the "PD Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for increased recreation and/or open space opportunities for public use; to provide rural amenities or features that would be of special benefit to the property users or community; to protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; to protect or preserve existing historical buildings, structures, features or places; and to provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 3 GENERAL DEFINITIONS Section 3.1 Usage For purposes of this PD Ordinance, certain numbers, abbreviations, terms, and words shall be used, interpreted and defined as set forth in this Section. Other terms and words are defined elsewhere in this PD Ordinance. Unless the context clearly indicates to the contrary, words used in the present tense include the future tense, and words used in the plural include the singular. The word "shall" will be interpreted as mandatory, and the word "may" as permissive. Section 3.2 Words and Terms Defined. Applicable Town Ordinances means the UDC and all other ordinances, rules, and regulations that are adopted by the Board and that are applicable to development within the PD District.. Board means the Board of Aldermen of the Town of Westlake, Texas. Buffer Zone means an area of land to be used only for emergency access, accessory structures of two -hundred (200) square feet or less under roof, and landscaping. This area may be used for purposes of meeting open space area requirements within a zoning district. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor Area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below or above grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. September 19, 2008 Article I. General Provisions PA 3 - Resort and Office Page 1 ORDNANCE Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD District means the planned development zoning district established by this PD Ordinance. PD Concept Plan means a plan for development which enables the town to evaluate major impacts of a proposed zoning district or planned development district. PD Ordinance means this planned development zoning district ordinance, including any approved PD Concept Plan._ PD Supplement means that certain Circle T Planned Development Zoning District As codified in the Planned Development Supplement. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT Concurrently with the adoption of Ordinance 309, the Board adopted the PD Supplement. The PD Supplement includes additional standards that are applicable within this PD District. The PD Supplement establishes additional standards for the following: (i) concept, informational, development and site plans; (ii) signs; (iii) landscaping; (iv) roadway construction, parking and loading; (v) fencing; (vi) lighting; (vii) other special standards; and (viii) illustrations. SECTION 5 APPLICABILITY OF EXISTING REGULATIONS Section 5.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by the following UDC standards: September 19, 2008 Article 1. General Provisions PA 3 - Resort and Office Page 2 ORDINANCE A. With respect to the office use area, by the "O -Office Park" zoning district standards; B. With respect to the resort hotel use area, by the "R -Local Retail" Except to the extent provided by the PD Concept Plan, this PD Ordinance, and the PD Supplement, development within the PD District shall also be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan, this PD Ordinance and the PD Supplement and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan, this PD Ordinance and the PD Supplement shall control. Except as provided below, in the event of any conflict between the UDC and the Applicable Town Ordinances, the terms, provisions and intent of the UDC shall control. Section 5.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the UDC) grant to the Board, the Commission, the Town Manager or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, the PD Supplement and the objectives, goals, and policies of such plan, ordinance and supplement. SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 6.1 PD Concept Plan. A PD concept plan for this PD District shall be approved prior to the approval of any development plans and site plans required by this PD Ordinance. The PD concept plan shall comply with the Comprehensive Land Use Plan, the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plan of the Town and the Master Drainage Plan of the town and the UDC Section 6.2 PD Development Plans A PD Development Plans are required for development within the PD District. THE UDC governs the process by which PD development plans are submitted and approved. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article 1, Section 3.4, of the PD Supplement governs the process by which PD site plans are submitted and approved (including, but not limited to, the submittal requirements, approval criteria, and conditions). September 19, 2008 Article I. General Provisions PA 3 - Resort and Office Page 3 ORDINANCE ARTICLE Ih USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub -areas identified on the PD Concept Plan shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed as a principal use. CIRCLE T PLANNING AREA 3 - RESORT LAND USE SCHEDULE PERMITTED USES Permitted "X" Special Use "S" Accessary "A" AGRICULTURAL USES Orchard x Plant Nursery (Growing) X Plant Nursery (Retail Sales) x Farms General (Crops) X Farms General (Livestock, Ranch) X Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Stables (Private Use) S Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex }Tome Occupation Servants/Caretakers Quarters September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 4 ORDINANCE Accommodation for Employees/Customers/Visitors A Swirmning Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport Helistop/Verti-stop S Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Utility Shop and Storage A Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) S Water Storage Tank and Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Retirement Home Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic A Child Daycare (Public; 7 or more) Child Daycare (Private; 7 or more) A5 School, K-12 (Public or Private) September 19, 2008 Article H. Uses PA 3 - Resort and Office Page 5 ORDINANCE School (Vocational) College or University X Community Center (Public) Civic Club X Church or Place of Worship X Use Associated to a Religious Inst. X Government Building X Police Station X Fire Station X Library X Data Center X COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing X Hotel/Motel X Hotel/Motel with Conferencing Facility X Laundry/Dry Cleaning (<3,000 S.F.) A Laundry/Dry Cleaning (Drop/Pick) A Shoe Repair A Beauty Parlor/Barbershop A Clothing Store A Quick Copy/Duplicating Services A Personal Services A Liquor Store Micro -brewery and Wine Production and Sales (<30,000 S. F.) S Grocery Convenience Store A Service Station September 19, 2008 Article II. Uses PA 3 - Resort and Office Page b ORDINANCE Drug Store A Variety Store A Bakery Sales A Stationery and/or Book Store A Antique Shop Art GalleryfMuseums A. Hardware Store Sporting Goods A Paint and Wallpaper Cloth Store Retail Stores - General (Excluding Second Hand Goods) A Restaurant, Cafe or Dining Facility X Restaurant, Cafe or Dining Facility with alcohol sales S Auto/Truck Parts and Accessories Household Furniture/Appliances (including Sales and Service) Farmer's Market Feed Store Parking Structure X Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting A Vehicle Display and Sales (inside) Medical Laboratory R&D Laboratory A6 Conference Center X Live Theater A Motion Picture Theater A Custom Business Services X Electronic Appliances Store and Computer Sales and Service Tavern, Bar or Lounge S Dance Halls/Nightclubs S September 14, 2008 Article 11, Uses PA 3 - Resort and Office Page 7 ORDINANCE AMU SEMENT/RECREATION Golf Course (Public or Private) X Park or Playground (Public or Private) x Satellite Dish a Non -Commercial Radio Tower Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) X Golf Clubhouse (Pub]icor Private) X Community Center (Private) X Recreation Center (Private) X Hike, Hike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility 1 Golf Pro Shop A Health/Spa Facilities (Private) A Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center A Athletic Courts (Public) A Commercial Amusement (Inside) A Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body Repair Auto Mechanical Repair A Quick Lube/Oil Change Vehicle Maintenance (Private) A Vehicle Fueling (Private) A WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) September 19, 2008 Article H. Uses PA 3 - Resort and Office Page 8 ORDINANCE Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage Light Manufacturing/Assembly Apparel Manufacturing Packaging and/or Distribution Printing, Engraving and related Reproductive Services Distribution of Books/Other Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office X3 Temporary Construction Materials Storage X3 Temporary Sales Office X4 1. Individual retail occupants (except grocery store and drug store) cannot exceed 25,000 square feet. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. 4. Limited to "build -out" period. 5. "Private" shall be deemed to include a daycare that is made available to any employee on the property. 6. Limited to white collar research and development (i.e., non -industrial, non -chemical, and non -water processing). SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and which is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. September 19, 2008 Article II. Uses PA 3 - Resort and Office Page 9 ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Office The maximum building square footage for the office use shall be 1,200,000 square feet. Section 1.2 Resort Hotel The maximum building square footage for the resort hotel use shall be 500,000 square feet. SECTION 2 MINIMUM LOT SIZE Section 2.1 Office The minimum lot size for the office use area shall be 100,000 square feet. Section 2.2 Resort Hotel The minimum lot size for the resort hotel use area shall be 200,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Office The minimum lot width for the office use area shall be 200 feet. Section 3.2 Resort Hotel The minimum lot width for the resort hotel use area shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Office Except as provided below, the maximum height for all structures within the office use area shall be the lesser of five stories or 75 feet. Section 4.2 Resort Hotel Except as provided below, the maximum height for all structures within the resort hotel use area shall be the lesser of five stories or 75 feet. Section 4.3 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, cupolas, entry features, skylights, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) heating and air conditioning equipment, solar collectors, and similar equipment, fixtures and devices provided such equipment, fixtures, and devices are screened from view with a solid wall that is architecturally consistent with the design of the building to which they are attached. September 19, 2008 Article III. Development Standards PA 3 — Resort and Office Page 10 ORDINANCE SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Office The minimum building size for an office use shall be 3,000 square feet. Section 5.2 Resort Hotel The minimum building size for the resort hotel shall be 3,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Office The minimum front yard for the office use area shall be 50 feet. Section 6.2 Resort Hotel The minimum front yard for the resort hotel use area shall be 100 feet. Section 6.3 General A. Required front yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required front yard. A fireplace chimney may project up to two feet into the required front yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves and balconies may project up to five feet into the required front yard. B. The front yard setback is measured from the front lot line or from the required right-of-way, whichever creates the greater setback. C. If a lot runs from one street to another and has double frontage, a required front yard must be provided on both streets. If access is prohibited on one frontage by plat, the following structures or portions of structures in the yard along such frontage are governed by the rear yard regulations: swimming pools; game courts; fences, garages; and other accessory buildings. D. If a corner lot has two street frontages of equal distance, one frontage is governed by the front yard regulations and the other frontages by the side yard regulations. If the corner lot has two street frontages of unequal distance, the shorter frontage is governed by the front yard regulations and the longer by the side yard regulations. SECTION 7 REAR YARD SETBACKS Section 7.1 Office The minimum rear yard for the office use area shall be 25 feet. Section 7.2 Resort Hotel The minimum rear yard for the resort hotel use area shall be 100 feet. September 14, 2008 Article III. Development Standards PA 3 Resort and Office Page 11 ORDINANCE Section 7.4 General A. Required rear yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required rear yard. A fireplace chimney may project up to two feet into the required rear yard if its area of projection does not exceed 12 square feet. Roof eaves may project up to three feet into the required rear yard. Balconies may not project into the required rear yard. B. The rear yard setback is measured from the rear lot line. C. A person need not provide a full rear yard setback for an accessory structure if the structure does not exceed 15 feet in height. Accessory structures include, but are not limited to, swimming pools, game courts, fences, and garages. Where the rear yard is adjacent to an alley, a three-foot setback must be provided. Where the rear yard is not adjacent to an alley, no setback is required. SECTION 8 SIDE YARD SETBACKS Section 8.1 Office The minimum side yard for the office use area shall be 25 feet. Section 8.2 Resort Hotel The minimum side yard for the resort hotel use area shall be 75 feet. Section 8.4 General A. Required side yards must be open and unobstructed except for fences and signs allowed by this PD Ordinance; provided, however, ordinary projections of window sills, belt courses, cornices, and other architectural features may not project more than 12 inches into the required side yard. A fireplace chimney may project up to two feet into the required side yard if its area of projection does not exceed 12 square feet. Cantilevered roof eaves may project up to three feet into the required side yard. Balconies may not project into the required side yard. B. The side yard setback is measured from the side lot line, except when a front yard is treated as a side yard, in which case, the setback is measured from the lot line or the required right-of-way, whichever creates the greater setback. C. Air conditioning units may be located in the required side yard, but not nearer than one foot to the property line. D. A person need not provide a side yard setback for an accessory structure if the structure does not exceed 15 feet in height and is located in the rear 30 percent of the lot. September 19, 2008 Article III. Development Standards PA 3 — Resort and Office Page 12 ORDWANCE SECTION 9 SLOPE REQUIREMENTS Section 9.1 Residential Slope Except as provided below, non single family structures shall not exceed the height of a line drawn at a slope of 5:1 (including streets and other rights of way) from any single family lot line. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. Section 9.2 Roadway Slope Non single family structures shall not exceed the height of a line drawn at a slope of 2:1 (including streets and other rights of way) from the right-of-way line of any roadway. If the grade of the ground rises or falls from the point of origin of the slope line, the maximum permitted height shall increase or decrease by the difference in grade. SECTION 10 MISCELLANEOUS DEVELOPMENT REQUIREMENTS Section 10.1 Access. Direct access to Dove Road from that portion of the AIL Property located as shown on the attached Exhibit "2" shall be limited to emergency use only. Section 10.2 Dove Road Buffer. AIL hereby agrees to a buffer two hundred feet (200') in depth as measured from the northern boundary of the current Dove Road right-of-way covering that portion of the All, Property located as shown on the attached Exhibit "T'. September 19, 2008 Article III. Development Standards PA 3 Resort and Office Page 13 ORDINANCE ARTICLE IV. EXHIBITS EXHIBIT I Legal Description of PD District EXHIBIT 2 Dove Road No Access Zone EXHIBIT 3 Dove Road Buffer September 19, 2008 Article IV. Exhibits PA 3 - Resort Page 14 ORDINANCE 007510.00019:0360290.06 007510.00019!0360290.06 EXHIBIT 1 LEGAL DESCRIPTION PART BEING a tract of land situated in the Jesse Gibson Survey, Abstract Number 592, the Richard Eads Survey, Abstract Number 492 and the J. Bacon Survey, Abstract Number 2026, Tarrant County, Texas, and being a portion of that certain tract (Tract 2) of land described by deed to AIL Investment, L.P., as recorded in Volume 13275, Page 542, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set, being the most westerly southwest property comer of that certain tract of land described by deed to DCLI, as recorded in Document Number D208246568, County Records, Tarrant County, Texas, and being the northeast corner of that certain tract of land described by deed to AIL Investment, L.P., as recorded in Document Number D208228230, County Records, Tarrant County, Texas; THENCE S 89049'56"W, 1895.38 feet; THENCE S 00"05'13"W, 1321.04 feet; THENCE S 89014'09"W, 1326.57 feet; THENCE N 00°1 l' 13"W, 337.43 feet; THENCE N 00°14'01"W, 2553.85 feet; THENCE N 89052'59"E, 1186.14 feet; THENCE S 6658'1 6"E, 192.22 feet; THENCE S 07025'33"E, 180.88 feet; THENCE S 21 °24'47"E, 39.07 feet; THENCE S I 1010'47"E, 94.09 feet; THENCE S 34058'57"E, 140.91 feet; THENCE S 54°13'31"E, 60.78 feet; THENCE S 23°4i'47"E, 109.17 feet; THENCE N 89049'56"E, 1012.82 feet to the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 479.72 feet, through a central angle of 63046'05" having a radius of 431.03 feet, the long chord of which bears N 57°56'46"E, 455.34 feet; THENCE N 26003'35"E, 100.03 feet to the beginning of a curve to the right; THENCE with said curve to the right, an are distance of 138.39 feet, through a central angle of 12°54'51" having a radius of 614.00 feet, the long chord of which bears N 32°31 '00"E, 138.10 feet; C&B Jo) No. 015007.094 ACF #2550 CTR July 25, 2008 J.VOB% ' t50070110941SUR1WP\LEG1500794z3.DOC Page 1 of 4 EXHIBIT I THENCE N 3858'25"E, 195.02 feet to the beginning of a non -tangent curve to the left; THENCE with said non -tangent curve to the left, an arc distance of 638.95 feet, through a central angle of 29°49'27" having a radius of 1227,50 feet, the long chord of which bears S 64'28'1 4"E, 631.76 feet; THENCE S 58°07'29"W, 281.95 feet; THENCE S 26047'41"W, 340.17 feet; THENCE S 24°21'01"W, 227.62 feet; THENCE S 20°32' 10"W, 243.20 feet; THENCE S 00045'29"E, 357.87 feet to the POINT OF BEGINNING and containing 6,013,216 square feet or 138.044 acres of land more or less. C&B Jab No. 015007.094 ACF #2550 CTR July 25, 2008 P\JOB" . 500701 10941SUR\WPILEG1500794Z3.DOC Page 2 of 4 EXHIBIT I LEGAL DESCRIPTION PART 2 BEING a tract of land situated in the Charles Medlin Survey, Abstract Number 1958, the Wilson Medlin Survey, Abstract Number 1958, the G_ Hendricks Survey, Abstract Number 680 and the Mumucan Hunt ,Survey, Abstract Number 756, Tarrant County, Texas, and being a portion of that certain tract (Tract 2) of land described by deed to AIL Investment, L.P_, as recorded in Volume 13275, Page 542, County Records, Tarrant County, Texas, and the remainder of that certain tract of land described by deed to AIL Investment L.P., as recorded in Volume 13544, Page 24, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at the southeast comer of that certain tract of land described by deed to DCLI, as recorded in Document Number D208246568, County Records, Tarrant County, Texas, being in the north right-of- way line of Dove Road (a variable width right-of-way); "THENCE N 01°05'24"W, 1442.77 feet; THENCE N 40002'39"E, 871.03 feet; THENCE N 00032'43"W, 762.66 feet; THENCE N 77003'35"E, 421.13 feet to the beginning of a curve to the left; THENCE with said curve to the left, an arc distance of 540.74 feet, through a central angle of 27°21'27" having a radius of 1132.50 feet, the long chord of which bears N 63°22'52"E, 535.62 feet; THENCE N 49°42'08"E, 307.68 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 506.78 feet, through a central angle of 28°32'13" having a radius of 1017.50 feet, the long chord of which bears N 63'58'14"E, 501.56 feet; THENCE S 09°40'08"E, 89293 feet; THENCE S 1636'28"W, 1518.12 feet; THENCE S 00°59'38"E, 573.79 feet; THENCE S 11 034'1 0"E, 564.14 feet returning to the north right-of-way line of the aforementioned Dove Road; THENCE S 70°31' 18"W, 349.16 feet along the north right-of-way line of said Dove Road to the beginning of a curve to the right; THENCE continuing along the north right-of-way line of said Dove Road and with said curve to the right, an are distance of 2 53.3 8 feet, through a central angle of 19°21'24" having a radius of 750.00 feet, the long chord of which bears S 80°12'00"W, 252.18 feet; THENCE S 89°52'43"W, 1261.17 feet continuing along the north right-of-way line of said Dove Road; CTR July 25, 2008 J:UOB1t 50070110941SUR1WP\LEG1500794Z3.DOC Page 3 of 4 EXHIBIT 1 THENCE S 88°54'36"W, 100.66 feet continuing along the north right-of-way line of said Dove Road to the POINT OF BEGINNING and containing 5,6I0,685 square feet or 128.804 acres of land more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER. 22 TAC S663.2 1, AND DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY, AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY, EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. 0 - ACF 42550 - CTIt. July 25, 2008 J:UOB\f • t 50070110941SUR1WP1LEG1500794Z3DOC Page 4 of 4 EXHTBTT 1 "This docu entyvas pre pa regi under 22 TAC 863.21, does notr�tact t o repits of on on f e ground survey, and is pot toe used t comeg or estpblish interests in real property x ep't os rights and intereqis intp-lied gqr�}},e,stppbtis by t e creailor� or li r- su�odivison tfon Ache it was prepare political rn _ t _ IL.r...I -�--i- -1r,� --- Nou° 14• nrx 11:vj -y- ..A..�..._ _.__ z 2553.85' V L_ C3 C3 IZ47�.....I ; w I` e m i ?o m N SO&m 13"x mom' ^:m I 4 o� arr�p m N �N ni 4 gut •'w xwoi w N - m. :nw m v� 0TIINC7ER RD f m N //J 31 r VI `1 Mgon� 1 GL1lq �i W a� ori rya 2 4- IJ�N m C C1': --.._._�,. IN$moal-- �•g.9l.4Cu«S SJso s !Sid. 8. r Jz8`I► y �; - [ 111 �' , _l' ---- N019 05'524- 1442.77' - a;,-: �r Burgess I 9URGf . 'Ni:. JOB # 415007-094 DATE: 07-25-08 - � lfNf51'MEMi, G,p. 'K'£Y 1i{{ VGH.. J3544. PG.24 � i ➢ ' n,Joq 7A =fid tmlf R', '• /,n W�eu Q ALUs YSS 3.ei.fi9o00S C1': --.._._�,. IN$moal-- �•g.9l.4Cu«S SJso s !Sid. 8. @ . m a Jz8`I► ro • �; - [ 111 �' , _l' a;,-: �r Burgess I 9URGf . 'Ni:. JOB # 415007-094 DATE: 07-25-08 DRAWN: TAM - d •CN L �m • Or - ay �Z b V��yON N N in m y y nu.=N eot� p J4 •4- 8. @ . m a X45 A 3;g0fi,QY ACF#2550 SHT. NO. JFK .-k , N ' b�R AIL rNVESTMENT, L.P. ��� VOL .13275, PG . 542 �� b6 TRACT 2 ��•-��� I V) fey �,,• I ae��,�e o e a3-zi ca , sLu o SCALE 1"=1000' Y DENTON COUNTY _ _ .` ARRANT COUNTY C1i�6afR N(i;UaQPll OW1iT to*4 Af�OYSiS�tal�'�' P1lUD[1A[�C�G� 9�J84 � r. A96YAACT YX14CT9BY���W $� A®6�XCYYBTdYC9Bi�CfH1d i Q J co - APPROXIMATE SURVEY LINE APPROXIMATE SURVEY LINE j, "ACGBI SURVEV ABSTRACT MUMMER 209 WILSON WED11W SUR m ANGTRACT NUMMOR 1960 ab APPROKIMATE SURVEY LINE APPROXIw1ATE SURVEY LINE ui Vw sJIL 64% ❑206246568 �yyfl►'I�sQ 1FMR TEXAS LIMITED PARTNERSHIP PG.. 403 p ®�aGW����p xr VOL . 13457 d� ,��rtq►A � C7 r Stt1��G } sn AIL INVESTMENT L.P. � 4 ' �0i G � o AIL a VOL.13275,PG.542 INVESTMENT, L.P. TRACT 2 1 i a AN ExHIBIT SHOWING THE m a N DOVE ROAD NO ACCESS ZONE O i_ I ! A!L INVESTMENT, L.P. o ti 4 C4 ; AND SITUATED IN THE 7tTE G. HENDRICKS SURVEY, ABSTRACT NUMBER 680, VOL . 13BQ3, AND THE MEMUCAN HUNT SURVEY, ABSTRACT NUMBER 756, ! I I PG. 335 TRRD ACT i DOVE TARRANT COUNTY, TE7G45 �fC�r Of i' - a _ ,"�`" �6P IZX3C5�aa5rdn5rv5arl0400slO\Rar311� Inul w95an -je4-joD A4 90aZ0 +46la�ao sR EXHIBIT 3 200' DOVE ROAD BUFFER LEGAL DESCRIPTION BEING a tract of land situated in the G. Hendricks Survey, Abstract Number 680, Tarrant County, Texas and the Memucan Hunt Survey, Abstract Number 756, and being a portion of that certain tract (Tract 2) of land described by deed to AIL Investment, L.P., as recorded in Volume 13275, Page 542, County Records, Tarrant County, Texas, and being the remainder of that certain tract of land described by deed to AIL Investment, L.P., as recorded in Volume 13544, Page 24, County Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess" set being an ell corner in the southerly property line of said AIL Tract 2, said point also being the northeast property corner of that certain tract of land described by deed to Lakeway Land, Ltd., as recorded in Volume 13978, Page 222, County Records, Tarrant County, Texas; THENCE S 00°31'56"W, 1296.32 feet to the northerly right-of-way line of Dove Road (a variable width right-of-way; THENCE N 87°36'29"E, 138.19 feet along the northerly right-of-way line of said Dove Road; THENCE N 88054'36"E, 1153.05 feet continuing along the northerly right-of-way line of said Dove Road to the POINT OF BEGINNING; THENCE N O1 005'24"W, 200.00 feet; THENCE N 88°54'36"E, 102.34 feet; THENCE N 89052'43"E, 1262.87 feet to the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 185.81 feet, through a central angle of 19°21'24" having a radius of 550.00 feet, the long chord of which bears N 80'12'00"E, 184.93 feet; THENCE N 70°31' 18"E, 376.95 feet; THENCE S 11034'10"E, 201.92 feet returning to the northerly right-of-way line of said Dove Road; THENCE S 70°31'18"W, 349,16 feet along the northerly right-of-way line of said Dove Road to the beginning of a curve to the right; THENCE continuing along the northerly right-of-way line'of said Dove Road and with said curve to the right, an arc distance of 253.38 feet, through a central angle of 19°21'24" having a radius of 750.00 feet, the long chord of which bears S 80'l 2'00"W, 252.18 feet; C&B Jab No. 015007.094 ACF #2510 CTR June 03, 2008 J:UOBI0150070110941SUR1WP1LEG1500794ex9.doc page 1 oft EXHIBIT 3 THENCE S 89052'43"W, 1261.17 feet continuing along the northerly right-of-way line of said Dove Road; THENCE S 88°54'36"W, 100.66 feet continuing along the northerly right-of-way line of said Dove Road to the POINT OF BEGINNING and containing 389,234 square feet or 8.936 acres of land more or less. C&B Job No. 015007,094 ACF #}2510 CTR June 03, 2008 J:\TOB\0150070110941SLTMWP1LEG\500794ex9.doe Page 2 of 2 EXHIBIT 3 r cn r~ D w ' L/ t4" cr U, _ o 500031'S6"W 1296.32' APPROXIMATE SURVEY LINE z I w rV z w� fl1 W m 4.---- o d o 6 a O W Ol Q P SON LN � — f— z CD 4 m _m } W o O O N t!, - r G (pA = iA 4 i+ 03 L, a m D N ----------- --- A r Z I lil lJ AfL SE ti C f P, INVESTMENT, � A t- — -1 L.P. — I rr�P VoL.13544, -�• T = M `xLn NmWQN Ln o u PF, 6 C X A z t\—Q�C04toLo j, t� APPROXIMATE SURVEY LINE. m r Z O a oN f7��m m 1 4© L r O � c: C fo O v, y tP c m � � i � f �` a � { p O'....,..—.. po D ( !1 L C Z N m C g 0' m rn L 14 a-� U 4 �� '41VRGESSTNG AC ACF# 2510 rter Burgess SHT. NO. ER & JOB # O15007.494 DATE: 06- 03-08 DRAWN: TM CHECKED. JFlC n ;