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HomeMy WebLinkAboutOrd 593 Removing 10.82 acres from Planned Development PD 3-9 to Planned Development PD 3-11TOWN OF WESTLAKE ORDINANCE NO. 593 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.82 ACRES FROM THE PD 3-9 PLANNING AREA AND REZONING THAT ACREAGE TO BE CALLED PD 3-11. AUTHORIZING 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 adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Board of Aldermen (sometimes referred to as the "Board") of the Town of Westlake, Texas (the "Town"), 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 July 27, 1998; and WHEREAS, there is located within the corporate limits of the Town an approximately 10.82 -acre tract of Iand (commonly known as PD 3-11 377 North Commercial and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the Board of Aldermen agrees that the boundaries for PD 3-9 must be amended and certain uses clarified in order to accommodate the aforementioned Office and Retail uses; and WHEREAS, the public infrastructure, amenities, and services necessary to develop the Town, including the Planning Area, are not available and will not be available without a long- term commitment of both public and private funds to finance infrastructure, amenities, and services; and April 16, 2009 ORDINANCE PQ 3-11377 north Commercial page I 007510.00019:0360295.05 007510.00019:0360295.05 WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to State Highway 114, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for office and retail uses within the Planning Area that will be consistent with the Towns long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, floodplain, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, on July 27, 1998, after receiving recommendations from the Commission, the Board approved and adopted an amendment to the Thoroughfare Plan, and an amended Conceptual Open Space Plan to the 1992 Comprehensive Plan; all of which amended plans are approved and adopted by the Board to enable the Town to maximize the opportunities and benefits to the Town and all of its citizens that will result from the Planning Area; and WHEREAS, the Commission and Board held a public hearing upon the application of AIL Investment, L.P. to rezone the approximately 10.82 -acre tract of land to a "PD" Planned Development District on April 24, 2008 and April 28, 2008, after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, the Commission has recommended to the Board that the hereinafter described property be rezoned to "PD 3-11 " Planned Development District 3 Planning area 11; 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 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; April 16. 2008 ORDINANCE PD 3-11377 North Commercial page I 007510.00019:0360295.05 007510.00019:0360295.05 NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, PART 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, as codified in the Code of Ordinances and the Planned Development Supplement, is hereby amended by this PD Ordinance, by adding Planned Development District No. 3-11 and rezoning the property described in Exhibit I (legal description) attached hereto by reference for all purposes to PD 3- 11. This PD will be subject to the concept plan. development standards, and other regulations attached hereto as Exhibit 2. The grids attached hereto as Exhibit 3 shall be incorporated into PD 3-10. The number of signs within PD 3-11 shall be determined at the time of site plan approval by the Board of Aldermen. 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. 3-11 " 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. Aptil 16.2008 ORDINANCE PD 3-11 377 North Commercial page 007510.00019:0360295.05 007510.00019:0360295.05 PART V This Ordinance shalt become effective upon its passage. PASSED AND APPROVED BY TH BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS —A jl,4-.A MAYOR ATTEST: ZC.• 0�h Secretary APPROVED AS TO At April 16. 2008 ORDINANCE PD 3-11 377 North Commercial page I 007510.000M0360295. 05 007510.00019:0360295.05 CIRCLE T PLANNING AREA 3-11 377 NORTH COMMERCIAL ARTICLE I. GENERAL PROVISIONS SECTION1 SHORT TITLE............................................................................................................1 SECTION2 PURPOSES.................................................................................................................1 SECTION 3 GENERAL DEFINITIONS.........................................................................................I Section3.1 Usage .................................................................................................................I Section 3.2 Words and Terms Defined................................................................................1 SECTION4 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 Section6.3 PD Site Plans....................................................................................................3 ARTICLE II. USES SECTION1 LAND USE SCHEDULE...........................................................................................4 SECTION 2 ACCESSORY USES AND STRUCTURES..............................................................5 ARTICLE III. DEVELOPMENT STANDARDS SECTION1 DENSITY....................................................................................................................9 Section1.1 Retail.................................................................................................................9 SECTION2 MINIMUM LOT SIZE................................................................................................9 Section2.1 Retail.................................................................................................................9 SECTION3 MINIMUM LOT WIDTH...........................................................................................9 Section3.1 Retail.................................................................................................................9 SECTION 4 MAXIMUM BUILDING HEIGHT............................................................................9 Section4.1 Retail.................................................................................................................9 March 24, 2008 Table of Contents PA 9-1377 North Commercial Page i ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 Section 4.5 Exceptions to Height Requirements..................................................................9 SECTION 5 MINIMUM BUILDING SIZE....................................................................................9 Section5.1 Retail.................................................................................................................9 SECTION6 FRONT YARD SETBACKS......................................................................................9 Section6.1 Retail.................................................................................................................9 SECTION 7 REAR YARD SETBACKS........................................................................................9 Section7.1 Retail.................................................................................................................9 SECTION8 SIDE YARD SETBACKS........................................................................................10 Section8.1 Retail...............................................................................................................10 SECTION 9 SLOPE REQUIREMENTS.......................................................................................10 SECTION 10 SIGNAGE REQUIREMENTS 14 Section 10.1 Business Monument Signs (Type 1).............................................................10 Section 10.2 Business Monument Signs (Type 2).............................................................10 Section 10.3 Retail Fagade Signs.......................................................................................1 l SECTION I I LANDSCAPE REQUIREMENTS 15 Section 11.1 Landscape Treatment of Town Edge Landscape Zone.................................11 Section 11.2 Parking Lot Landscaping..............................................................................11 SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height..........................................................................................12 ARTICLE IV. FIGURES FIGURE 1 Business Monument Sign - Type 1 FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Fagade Signs March 24, 2008 Table of Contents PA 9-1 377 North Commercial Mage ii ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE V. EXHIBITS EXHIBIT I Legal Description of PD District EXHIBIT 2 PD Concept Plan March 24, 2008 Table of Contents PA 9-1377 North Commercial Page iii ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "PD 3-11 377 North Commercial 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 retail development along US Hwy 377 on the north side of SH 170 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. Planning Area means the area which has been established as a planned development zoning districts. Circle T Ranch means the approximately 2,525 -acre property commonly known as the Circle T Ranch and generally located in Tarrant and Denton Counties (i) east of U.S. 377, (ii) west of Precinct Line Road, and (iii) adjacent to and in the vicinity of the intersection of S.H. 114 and S.H. 170. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. 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 March 24, 2008 Article I. General Provisions PA 9-1377 North Commercial Page I ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masoga means brick, stone, cast stone, concrete, EIFS, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district established by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. PD Supplement means that certain Circle T Planned Development Zoning District Supplement adopted by the Board on March 22" d 2004. Town means the Town of Westlake, Texas. UDC means the Town's Unified Development Code, as amended. SECTION 4 PD SUPPLEMENT On March 22"d 2004, the Board adopted the PD Supplement via Ordinance No. 450. 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: A. With respect to the retail sub -areas, by the "R -Local Retail" zoning district standards; 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 March 24, 2008 Article I. General Provisions PA 9-1377 North Commercial Page 2 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 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 Planner, 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 The PD concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "PD Concept Plan". Except as otherwise provided by this PD Ordinance or the PD Supplement, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan - Planning Area The drawing labeled "PD Concept Plan" identifies the general boundaries of the PD District for the "PD 3-11 377 North Commercial". The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 6.2 PD Development Plans Because of the level of detail contained in the PD Concept Plan, the Board (at the time this PD District was established) waived the requirement for development plans. Based on such waiver, development plans shall not be required for development within this PD District. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, 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). March 24, 2008 Article 1. General Provisions PA 9-1377 North Commercial Page 3 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE IL USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the sub -areas identified on the Ply 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 9-1 377 NORTH COMMERCIAL LAND USE SCHEDULE PERMTTTED USES X=Permitted, A=Accessory Use, S=SUP SUB- AREAS Retail' 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) X Veterinarian (Outdoor Kennels) Stables (Private Use) Stables (As a Business) RESIDENTIAL USES Single Family Detached Single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Caretakers Quarters Temporary Accommodation for Employees/Customers/Visitors Swimming. Pool (Private) Detached Garage (Private) Spomrrennis Courts (Private) March 24, 7008 .Article ll. Uses PA 9-1377 North Commercial Page ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 PERMITTED USES SUB- AREAS X=Permitted, A=Accessory Use, S—St1P r 1NSTITtJTIONAL and X GOVERNMENTAL t1SES x Emergency Ambulance Service x Post Office (Governmental) x Mailing Service (Private) x Heliport s Helistop/Verti-stop x "telephone, Electric, Cable. and Fiber X Optic Switching Station Electrical Substation S Utility Distribution Lines` x Utility Shop and Storage S Water and Sewage Pumping Station X (below grade) Water and Sewage Pumping Station (above S grade) x Water Storage Tank and Pumping Systen, S (Elevated or Above Grade) Water, Sewer, Electric. and Gas Meters X Electric Transformers x Private Streets/Alleys/Drives x Retirement Home X Nursing/Convalescent Home Hospice Hospital Psychiatric Hospital Clinic x Child Daycare (Public: 7 or more) X Child Daycare (Private: 7 or more) School, K-12 (Public or Private) School (Vocational} College or University Community Center (Public) x 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 Article II. Uses PA 9-1 377 North007510.00019:0360295.05 ORDINANCE 007510.00019:0360295.05 March 24, 2008 ORDINANCE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP SUB- AREAS Retail' COMMERCIAL USES Multifamily (Apartments) Offices (General) X Studio X Banks and Financial Institutions X Information Processing Hotel/Motel X Hotel/Motel with Conferencing Facility Laundry/Dry Cleaning (c3,000 S.F.) X Laundry/Dry Cleaning (Drop/Pick) x Shoe Repair x Beauty Parlor/Barbershop x Clothing Store x Quick Copy/'Duplicating Services X Personal Services X Liquor Store X Micro -brewery and Wine Production and Sales (<30,000 S.F.) Grocery x Convenience Store X Service Station x Drug Store x Variety Store x Bakery Sales x Stationery and/or Book Store x Antique Shop X Art Gallery/Museums X Hardware Store x Sporting Goods X Paint and Wallpaper x Cloth Store X Retail Stones - General (Excluding Second Hand Goods) X Restaurant, Cafe or Dining Facility x Auto/Truck Pans and Accessories S Household Furniture/Appliances (including Sales and Service) X Farmer's Market X Feed Store x Parking Structure Cafeteria (Private) Job Printing, Lithography, Printing, or Blueprinting 4 Article 111. Uses PA 9-1377 North Commercial Page 6 007510.00019:0360295.05 007510.00019:0360295.05 March 24, 2008 ORDINANCE PERMITTED USES -Permitted. A=Accessory use.. S=SLAP SUB- AREAS Rei' Vehicle Display and Sales (inside) Medical Laboratory R&D Laboratory Conference Center Live Theater Motion Picture Theater Custom Business Services Electronic Appliances Store and (computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Nightclubs AMUSE MENTIRECREATION Golf Course (Public or Private) Park or Playground (Public or Private) x Satellite Dish X Non-Commercial Radio Tower S Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) Golf Clubhouse (Public or Private) Community Center (Private) Recreation Center (Private) x Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility Golf Pro Shop Health/Spa Facilities (Private) Athletic Fields (Private) Athletic Courts (Private) Equestrian Center Athletic Courts (Public) Commercial Amusement (Inside) Lake Cruise/Water Taxi AUTO SERVICES Truck/rrailcr Rental Auto Body Repair S Auto Mechanical Repair S Quick Lube/Oil Change S Vehicle Maintenance (;Private) S Vehicle Fueling (Private) Article IL Uses PA 9-1 377 North Commercial Page 7 007510,0,0019:0360295.05 007510.00019:0360295.05 PERMITTED USES X—P'ermitted, A=Accessory Use, S=SUP SUB- AREAS mail' WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) 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/Othcr Printed Material Machine Shop Welding Shop Temporary Batching Plant S Temporary Construction Office x Temporary Construction Materials Storage x Temporary Sales Office NOTES: 1. Permits individual retail occupants with more than 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. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and 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. March 24, 2008 Article 11. Uses PA 9-1377 North Commercial Page 8 ORDINANCE 007510.00019:0360295.03 007510.00019:0360295.05 ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY Section 1.1 Retail The maximum floor area ratio for the retail sub -areas shall be 0.30:1. SECTION 2 MINIMUM LOT SIZE Section 2.1 Retail The minimum lot size for the retail sub -areas shall be 25,000 square feet. SECTION 3 MINIMUM LOT WIDTH Section 3.1 Retail The minimum lot width for the retail sub -areas shall be 125 feet. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Retail Except as provided below, the maximum height for all structures within the retail sub -area shall be two stories or 35 feet. Section 4.2 Exceptions to Height Requirements The height limits imposed above shall not apply to (a) chimneys and vent stacks, church spires, elevator shafts, penthouses, 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. SECTION 5 MINIMUM BUILDING SIZE Section 5.1 Retail The minimum building size for the retail sub -areas shall be 2,000 square feet. SECTION 6 FRONT YARD SETBACKS Section 6.1 Retail The minimum front yard for the retail sub -areas shall be 50 feet. SECTION 7 REAR YARD SETBACKS Section 7.1 Retail The minimum rear yard for the retail sub -areas shall be 30 feet. March 24, 2008 Article 111. Development Standards PA 9-1377 North Commercial Page 9 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 SECTION 8 SIDE YARD SETBACKS Section 8.1 Retail The minimum side yard for the retail sub -areas shall be 10 feet. SECTION 9 SLOPE REQUIREMENTS The height of non residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. SECTION 10 SIGNAGE REQUIREMENTS Where not expressly written in this section the PD Supplement will govern all signage requirements. Section 10.1 Business Monument Signs (Type 1) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size shall be 75 square feet including architectural elements; (b) the maximum sign area is 25 square feet; (c) the maximum height is seven feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right-of-way. 3. If the total floor area of a building is more than 20,000 square feet: (a) the maximum monument size shall be 100 square feet including architectural elements; (b) the maximum sign area is 35 square feet; (c) the maximum height is eight feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right-of-way. 4. See Figure 1 for an example of Business Monument Signs — Type I Section 10.2 Business Monument Signs (Type 2) 1. Signs may be located within the Town Edge Landscape Zones. 2. If the total floor area of a building is less than 15,000 square feet and is occupied by a single user: (a) the maximum monument size shall be 50 square feet including architectural elements; (b) the maximum sign area is 20 square feet; (c) the maximum height is six feet including architectural elements; and (d) the minimum setback is 10 feet, measured from the public right-of-way. March 24, 2008 Article 111. Dei,elopment StandardsPA 9-1 377 North Commercial Page 10 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 3. If the use of a Business Monument Sign (Type 1) allows tenants of multiple lots to be on one sign and decreases the overall number of individual signs, then the use of a Business Monument Sign (Type 1) is allowed at the driveway entrances to the shopping center. 4. See Figure 2 for an example of Business Monument Signs — Type 2 Section 10.3 Retail Fagade Signs 1. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on a building is 6% of the aggregate area of all street facing building facades. 2. Except as provided in subsection 3 below, the maximum aggregate sign area of all signs on any one building facade is 6% of the area of the building facade. 3. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 40 square feet or 6% of the street facing building fagade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 40 square foot sign. notwithstanding the aggregate limits set forth in Subsections 1 and 2 above. 4. See Figure 3 for an example of Retail Fagade Signs SECTION 11 LANDSCAPE REQUIREMENTS Section 11.1 Landscape Treatment of Town Edge Landscape Zone The Town Edge Landscape Zone on State Highway 170 west of US Highway 377 shall be an average width of 50 feet from the highway right-of-way line. Section 11.2 Parking Lot Landscaping A. Landscape Areas 1. Parking Lots Parking lots shall include a minimum of sixty (60) square feet of landscaped area for each required off-street parking space. This requirement shall be met on the overall zoned parcel to allow for better clustering and growth of vegetation. 2. Parking Lot Edge A parking lot edge shall surround each parking lot and shall be a minimum of ten (10) feet wide. The combined parking lot edge may overlap the parking setback line. Because of the cross access and shared parking needed to accommodate the interactive uses on this parcel the parking lot edge shall constitute the edge around all of the parking instead of individual lot lines. 3. Location of Required Landscape Area Required landscape area shall occur within the parking lot, parking lot edge and town edge landscape zone. March 24, 2008 Article Ill. Development StandardsPA 9-1377 North Commercial Page 1 I ORDINANCE 007510.00019;0360295.05 007510.00019:0360295.05 B. Landscape Requirement Tree Density There shall be a minimum of one (1) tree per 4 parking spaces in all parking areas. These trees may be planted anywhere within the parking lot (including spot islands and linear islands) or within the parking lot edge. This density of trees will allow the required shrubs and groundcover to grow in a healthier environment without the intrusion of tree canopy which restricts the available sunlight. No parking space may be greater than thirty (30) from a tree (measured from the nearest curb line of the island containing the tree to the nearest point on the edge of the parking space). SECTION 12 LIGHTING STANDARDS Section 12.1 Luminaire Height Luminaries used for building security or to illuminate building facades, entrances, and loading and service areas may be installed (i) on the building fagade but not above the building roof line; and (ii) anywhere on the lot with a maximum height of 25 feet, but not higher than the building roof line. If by increasing the height of luminaries decreases the total number of luminaries across the zoned parcel by 10%, then taller luminaries are allowed up to a maximum height of 35 feet March 24, 2008 Article III. Development StandardsPA 9-1377 North Commercial Page 12 ORDINANCE 007510.00019:0360295.05 007510.00019:0360295.05 ARTICLE IV. FIGURES FIGURE 1 Business Monument Sign - Type FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Facade Signs ARTICLE V. EXHIBITS EXHIBIT I Legal Description of PD 3-11 EXHIBIT 2 PD Concept Plan EXHIBIT 3 Signage Comparison PD 3-11 Zoning Comparison SATown Secretar3 Ordinancess12008NOrd. 593 PD 3-11 428-08.doc :: _ - I1FvG-OPpFi_'I NAit U ETEEWAiWT TD AAT L- -F---'_f:'JR4L E:EMEN7 ` ON'UMENT AREZ . GCC e5F S aN ARE 35 5F BUILDING MORE THAN 20,000 SF i`Er•.d.N3 — —_ '%r 510N AREA - 25 5; TEAK BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TYPE 1 FTCCTJR F t KED .. BUILDING LESS THAN 15,000 SF BUSINESS TYPE 2 MONUMENT SIGN FIGURE 2 LU . U � . � ) # � ƒ q w rr � O U- \ \ #! 7\\ |§ All, ■$B eb Qƒ ��- . , m■! q w rr � O U- Pty 3-11 EXHIBIT 1 LEGAL DESCRIPTION BEING a tract of land situated in the William Huff Survey, Abstract Number 648, Tarrant County, Texas, and being a portion of that tract of land conveyed to AIL Investment, L.P. by deed recorded in Volume 13588, Page 189, a portion of that tract of land conveyed to AIL Investment, L.P. by deed recorded in Volume 13275, Page 542, and all of that tract of land conveyed to HiIIwood Development Co. LLC. (Tract 2) by deed recorded in County Clerk's Filing Number 61205179108, all of Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the southwest corner of said Hillwood tract 2 and being in the east right-of-way line of the Texas & Pacific Railroad and the north right-of-way line of State Highway 170; THENCE N25002'32"E, 1594.51 feet along said Texas & Pacific Railroad right-of-way; THENCE S89047'48"E, 151.92 feet leaving said Texas & Pacific Railroad right-of-way and to a point in the west right -way line of State Highway 377; THENCE S 11 °04'58"W, 395.27 feet along said west right -way line to the beginning of a curve to the right; THENCE with said curve to the right continuing along said west right -way line, an arc distance of 1102.95 feet, through a through a central angle of 1 l °10'33", having a having a radius of 5654.58 feet, the long chord of which bears S 16°39'33"W, 1101.20 feet to the north right-of- way line of State Highway 170; THENCE S52039'53"W, 53.86 feet along said north right-of-way line of State Highway 170; THENCE N85024'58"W, 393.62 feet continuing along said north right-of-way line of State Highway 170 to the POINT OF BEGINNING and containing 10.827 acres of land, more or less. NOTE: THIS DOCUMENT WAS PREPARED UNDER 22 TAC 5663.21, 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 rMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED.. C&B Job No. 015007.040,001.0610 S#FW 09-L March 20, 2008 J:\JOB\015007011040\SLTR\WP\LEG\5007ZN2.LEG.doc a POINT OF BEGINNING I 4 MC 1D.827 ACRES N85.793{ s�$" W 39' 5]" w . as• 5&9°17' 48"E 151. 92' .,/ cL-RoSsse R. P. R. 0. C. h A ti Q*i AIL 11 " b �i. T2?STiCEii'2 f 0 400 800 1200 h GRAPHIC SCALE IN FEET r�e AIL INY588, PEST11 P1At;E L.A. VOL. 1 } 89 R=565. 58' L -1 102. 9a5' L. C. = 5I 6 39' 33" w 1101. 20' spur xrgh»rry 170 e- A ZONING EXHIBIT OF A TRACT OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT 648, TARRANT COUNTY, TEXAS "This document was preppared under 22 TAC 663.21, does not reflect the rests of on 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." JOB * woorzw I DATE: 03-20-08 I DRAWN CAS � CHECKED JFK SFfT. NCS. EXHIBIT 2 EP"T PLAN vTPI IE 4YEp BY DAT¢ o~•'os. -170-1 .rsstrt osnaroe ARCHITECTURE IN Signage Con rison PD 3-11 NWC US Hwy 377 and SH 170 Sign Type Signage Allowed Per Current Zoning Monument and Sign Sign Area Within Total Monument and Total Sign Area Within Area Monument Number of Signs Sign Area Monument Business Monument - Type 2 18 sf 18 sf 7 126 126 Total 7 126 126 Sign Type Signage Requested Per Proposed Zoning Monument and Sign Sign Area Within Total Monument and Total Sign Area Within Area Monument Number of Signs Sign Area Monument Business Monument - Type 2 50 sf 20 sf 7 350 140 Total 7 350 140 Total Monument and Total Sign Area Within Number of Signs Sign Area Difference Monument Difference Difference in signage requested per Proposed Zoning to signage allowed per Current Zoning No Difference 224 addl. sf* 14 addl. sf* *Proposed zoning allows for more monument area to provide for architectural consistency with the shopping center. This represents the signage based on the concept plan, but signage for each lot will be further reviewed and approved during the site plan approval process. rr� x rn -1 C. -I) Business Monument Sign - Type 1 M Figure 7 �BUSINE91, _ NAME' Maximum Sign Area = 20 sl Maximum Monument Area = 20 st Building smaller than 20,000 sf Maximum S+gn ff f j Area = 24 Sf �J�] I —', Maximum 4onument � E �__t V/''11Y1 E i Area = 40 Sf __J Building 20,000 - 125,000 sf rl� l C L E T Maximum Sign f 7 (0 E — �--� L ----- Area = 36 sf 8 U S I N E S S C E N TE B' Maximum Monument --------1 Area = 60sf Building - larger than 125,000 sf Business Monument Sign - Type 2 Figure 8 Er QGr (gyp 3-ta �-..d� � 3��� , NQr A �i6, �0� � Y 6UCiAN l "ECh1R+L ELEMENT -L,l'lJM MQNNUMEN1 4PEA . $0 S< SON A1RF4 . 2E 5F BUILDING LESS THAN 15,000 SF BUSINESS TYPE 2 MONUMENT SIGN FIGURE 2 _ _ w . , u ,> - �� kms -,� P.pf:1 l�. ,-OCA cc 5F S; f6d4f�7 TDIAWT TVAPT T.. BUILDING MORE THAN 20,000 SF ARG-rTELTURAL ELEMENX — r:AX MJ-' MONUMENT AREA . IL F i�Fd4 MAYIML" SIGN ATMA is SF TE'r�,� K FESHa tl BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TVAF 1 FIGURE 1 PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison Category Current PD Requirement Pro posed PD Requirement Lot 5" W111111191M Rationale Lot Size 40,000 sf 25,000 sf The unique size and shape of the parcel does not allow for traditional size standards. Lot Width 200 feet 125 feet The unique size and shape of the parcel does not allow for traditional width standards. The parcel is adjacent to the railroad ROW and 30 Rear Yard 50 feet 30 feet feet is all that is required for circulation, but the setback is still large enough to satisfy fire lane requirements. Side Yard 4 feet 10 feet 10 feet allows for more buffer between lots. Business Monument Signs (Type 1) Maximum height = 4 feet Maximum height = 7 feet The increase in sign height and monument and Building Maximum sign area = 20 sf Maximum monument area = 20 Maximum sign area = 25 sf sign area gives the ability for signs to match the overall architectural design of the center as well as smaller than sf Maximum monument area = 75 sf tenants needs for maximum visibility to the street 20 Qflf) sf frontage. Business Monument Maximum height = 4 feet Maximum height = 8 feet The increase in sign height and monument and Signs (Type 1 ) Maximum sign area = 24 sf Maximum sign area = 35 sf 9 sign area gives the ability for signs to match the Building larger Maximum monument area = 40 sf. Maximum monument area = 100 overall architectural design of the center as well as than 20,000 sf sf. tenants needs for maximum visibility to the street Frontage. April 16, 2008 PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison Category Current PD Requirement Proposed PD Requirement Rationale Business The Business Monument Sign - Type 2 would be Monument Signs (Type 2) Maximum height = 3 feet g Maximum height = 6 feet for use by single tenant users under 15,000 sf. Building Maximum sign area = 18 feet Maximum sign area = 20 sf The intention is to allow multiple lots use one sign smaller than Maximum monument area = 18 feet Maximum monument area = 50 sf at each entrance which would reduce the total number of signs and the amount of sign area (see Signage Com arison . Facade signs that are larger provide for safer Retail Facade Maximum aggregate sign area of all signs on a Maximum aggregate sign area of all signs on a ingress and egress to the public through improved Signs building is 4% of the aggregate area of all street building is 6% of the aggregate area of all street visibility as well as better visibility and marketing to facing building facades. facing building facades. the tenant. These requirements will still maintain the integrity of reduced signage within the Town. Facade signs that are larger provide for safer Retail Facade Maximum aggregate sign area of all signs on any Maximum aggregate sign area of all signs on any in ingress and egress to the public through improved g � p g p Signs one building facade is 4% of the building facades. one building facade is 6% of the building facades. visibilityas well as better visibilit and marketingto the tenant These requirements will still maintain the integrity of reduced signage within the Town LRetailFaqade Maximum aggregate sign area of all signs Maximum aggregate sign area of all signs advertising any one business is the lesser of (a) advertising any one business is the lesser of (a) Facade signs that are larger provide for safer 180 sf or (b) the greater of a minimum of 20 sf or 180 sf or (b) the greater of a minimum of 40 sf or ingress and egress to the public through improved Signs 4% of the street facing building facade occupied 6% of the street facing building facade occupied by visibility as well as better visibility and marketing to by such business. Each business shall be such business. Each business shall be entitled to the tenant These requirements will still maintain entitled to a minimum of 20 sf of sign area. a minimum of 40 sf of sign area. the integrity of reduced signage within the Town. April 16. 2008