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Ord 592 Removing 10.22 acres from Planned Development PD 3-8 to Planned Development PD 3-10 Westlake Corners South
TOWN OF WESTLAKE ORDINANCE NO. 592 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY REMOVING APPROXIMATELY 10.22 ACRES FROM THE PD 3-8 PLANNING AREA AND REZONING THAT ACREAGE TO BE CALLED PD 3-10. 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 10.22 -acre tract of land (commonly known as PD 3-10 377 South Commercial and hereinafter sometimes referred to as the "Planning Area"); and WHEREAS, the Board of Aldermen agrees that the boundaries for PD 3-8 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 SATown Secretaryl0rdinances1200810rd. 592 PD 3-10 4-2M8.doc 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 Town's 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 ©pen 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 10.22 -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 3-10" Planned Development District 3 Planning area 10; 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; SATown SecravylOrdinanccs1200810rd. 592 PD 3-10 4-28-08.doc NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. PART 11 That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, as codified in the Code of Ordinances and the PIanned Development Supplement, is hereby amended by this PD Ordinance, by adding Planned Development District No. 3-10 and rezoning the property described in Exhibit 1 (legal description) attached hereto by reference for all purposes to PD 3- 10. This PD will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit Z. The grids attached hereto as Exhibit 3 shall be incorporated into PD 3-10. PART 1Tt 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. 3-10" 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. S:\Towo Secretary'Ordinances1200810rd. 592 PD 3-104-2M8.dm PART V This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE 5OARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS .2,118. MAYOR APPROVED AS TO FORM: S,\Town 5ccrctar)AOrdinanccs120081Ord. 592 PD 340 4-28-08.doc CIRCLE T PLANNING AREA 3-10 377 SOUTH COMMERCIAL ARTICLE I. GENERAL PROVISIONS SECTIONI SHORT TITLE............................................................................................................I SECTION2 PURPOSES.................................................................................................................1 SECTION3 GENERAL DEFINITIONS.........................................................................................I Section3.1 Usage.................................................................................................................1 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 Section 6.1 PD Concept Plan...............................................................................................3 Section 6.2 PD Development Plans.....................................................................................3 Section6.3 PD Site Plans....................................................................................................3 ARTICLE 1I. USES SECTION I LAND USE SCHEDULE...........................................................................................4 SECTION 2 ACCESSORY USES AND STRUCTURES..............................................................8 ARTICLE III. DEVELOPMENT STANDARDS SECTIONT DENSITY...................................................................................................................9 Section1.1 Retail.................................................................................................................9 SECTION 2 MINIMUM LOT SIZE................................................................................................9 Section2.1 Retail.................................................................................................................9 SECTION 3 MINIMUM LOT WIDTH...........................................................................................9 Section3.1 Retail.................................................................................................................9 SECTION 4 MAXIMUM BUILDING HEIGHT............................................................................9 Section4.1 Retail.................................................................................................................9 April 16, 2008 Table of Contents PD 3-10 377 South Commercial Page i ORDINANCE 007510.000M0360293.04 007510.00019:0360293.04 Section 4.4 Exceptions to Height Requirements..................................................................9 SECTION 5 MINIMUM BUILDING SIZE....................................................................................9 Section5.1 Retail.................................................................................................................9 SECTION 6 FRONT YARD SETBACKS......................................................................................9 Section6.1 Retail.................................................................................................................9 SECTION 7 REAR YARD SETBACKS......................................................................................10 Section7.1 Retail...............................................................................................................10 SECTION S 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 1 LANDSCAPE REQUIREMENTS 15 Section 11.1 Landscape Treatment of Town Edge Landscape Zone ................................. I 1 Section 11.2 Parking Lot Landscaping.............................................................................. I I 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 April 16, 2008 Tahie of Contents PD 3-10 377 South Commercial Page ii ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plan April 16, 2008 Table of Contents PD 3-10 377 South Commercial Page iii ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "PD 3-10 377 South 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 into which has been established as a planned development zoning district. 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 open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area March 24, 2008 Article 1. General Provisions PA 8.1 377 South Commercial Page I ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 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. Masonry 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 a plan for development which enables the town to evaluate major impacts of a proposed zoning district or planned development district. 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 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 On March 22 Id 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 -area, by the "R -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 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. March 24, 2408 Article 1. General Provisions PA 8-1 377 South Commercial Page') ORDINANCE 007510.00019:0360293.04 007510.00019:0360293..04 Section 5.2 General Approval Criteria To the extent, if any, that the Applicable Town Ordinances (and, in particular, the subdivision regulations of the LDDC) 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 b 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) "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 The drawing labeled "Concept Plan" identifies the general boundaries of the PD District for the "PD 3-1O 377 South 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 PlansArticle I, Section 1-3, (3) of the Planned Development supplement states that PD development plans shall not be required for development within any of the PD districts. Section 6.3 PD Site Plans PD site plans are required for development within the PD District. Article I, Section 1-3, (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. Ceneral Provisions PA 8-1 377 South Commercial Page ORDINANCE 007510.00019:0360293.04 00751 OMO 19:0360293.04 ARTICLE II. 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 1PLANNING AREA 3-14 - 377 SOUTH COMMERCIAL LAND USE SCHEDULE PERMITTED USES X=Pcrmittcd, A=Acccssory Use, S=SUP SUB- AREAS AGRICULTURAL USES Orchard X Plant Nursery (Growing) X Plant Nursery (Retail Sales) X Farms General (Crops) X Farts General (Livestock. Ranch) X Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) Stables (Private Use) Stables (As a Business) S RESIDENTIAL USES Single Family Detached single Family Zero Lot Line Single Family Attached Duplex Home Occupation Servants/Carctakcrs Quartcrs Temporary Accommodation for Employees/Customers/Visitors Swimming Pool (Private) Detached Garage (Private) Sport/Tennis Courts (Private) March 24, 2008 Article 11. Uses PA 8-1 377 South Commercial Page ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 PERMITTED USES X=Permitted. A=Accessory Use, S=SUP SUB- AREAS INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service x Post Office (Governmental) X Mailing Service (Private) x Heliport Helistop/Verb-stop x Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines x Utility Shop and Storage S Water and Sewage Pumping Station (below grade) x Water and Sewage Pumping Station (above grade) Water Storage Tank and Pumping System (Elevated orAbove Grade) x Water, Sewer, Electric, and Gas Meters x Electric Transformers X Private StreetslAlleys[Drives X Retirement Home NursinglConvalescent Home Hospice Hospital Psychiatric Hospital Clinic Child Daycare (Public, 7 or more) Child Daycare (Private: 7 or more) School, K-12 (Public or Private) School (Vocational) College or University Community Center (Public) x 1',% is Club Church or Place of Worship Use Associated to a Religious Inst. Government Building X Police Station X Fire Station X Library X Data Center March 24. 2009 Article H. Uses PA 8-1377 South Commercial Page 5 ORDINANCT 007510.00019:0360293.04 007510.00019:0360293.04 March 24, 2008 ORDINANCE PERMITTED USES X=Permiticd. A=Accessory Use, S=SLIP SUB- AREAS Rea�i� COMMERCIAL USES Multifamily (Apartments) Offices (General) x Studio x Banks and Financial Institutions x Information Processing Hotel/Motel x Hotel/Motel with Conferencing Facdnm Laundry/Dry Cleaning (<3,000 S.F.) x Laundry/Dry Cleaning (Drop/Pick) x Shoe Repair x Beauty Parlor/Barbershop X Clothing Store x Quick Copy/Duplicating Scnices x Personal Services x Liquor Store x Micro -brewery and Wine Production and Sales (<30.000 S.F.) Grocery x Convenience Store x Sen zec 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 Stores - General (Excluding Second Hand Goods) x Restaurant, Cafe or Dining Facility x Auto/'Truck Parts and Accessories S Household Fumiture/Appliances (including Sales and Service) x Farmer's Market x Feed Store x Parking Structure Cafeteria (Private) Job Printing. Lithographv, Printing, or x Article II. Uses PA 8-1 377 South Commercial Page 007510.00019:0360293.04 007510.00019:0360293.04 March 24, 2008 ORDINANCE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP SUB- AREAS Rei" Blueprinting 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 Tavern, Bar or Lounge 5 Dance Halls/Nightclubs AMUSEMENT/RECREATION 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) Hike, Bike, and Equestrian Trails (Public or Private) Golf Maintenance Facility Golf Pro Shop Ilealth/Spa Facilities (Private) Athletic Fields (Private) Athletic Courts (Private) Equestrian Center Athletic Courts (Public) Commercial Amusement (Inside) Lake Cruise/Water Taxi AUTO SERVICES Truck/Trailer Rental Auto Body 'Repair S Auto Mechanical Repair S Quick Lube/Oil Change S Article IL L'ses PA 8-1377 South Commercial Pagel 007510.00019:0360293.04 007510.00019: 0360293.04 PERMITTED USES v=Permitted. A=Accessory Use. S=SUP SUB- AREAS Rnai° Vehicle Maintenance (Private) S Vehicle Fueling (Private) WHOLESALE TRADE Warehouse/Storage (inside) Warehouse/Storage (Outside) Scrap/Waste Recycling Collection and/or Storage vas/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. 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. 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 8-1377 South Commercial Page 8 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 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 for Tracts 3-10. SECTION 2 MINIMUM LOT SIZE Section 2.1 Retail The mi«i►num 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 -areas 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 within 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. March 24, 2008 Article 111. Development Standards PA 8-1377 South Commercial Page 4 ORDINANCE 007510.00019:0360293.04 007510.00019:03 60293.04 SECTION 7 REAR YARD SETBACKS Section 7.1 Retail The minimum rear yard for the retail sub -areas shall be 30 feet. 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 March 24, 2008 Article Ili. Development StandardsPA 8-1377 South Commercial Page 10 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 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. 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 1FaVade 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 Detail Fagade Signs SECTION 11 LANDSCAPE REQUIREMENTS Section 11.1 Landscape Treatment of Town Edge Landscape Zones 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 March 24, 2008 Article Ill. Development StandardsPA 8-1377 South Commercial Page 11 ORDINANCE 007510.00019:0360293.04 007510.00019:0360293.04 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. 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 8-1377 South Commercial Page 12 ORDNANCE 007510.00019:0360293.04 007510.00019:0360293.04 ARTICLE IV. FIGURES FIGURE I Business Monument Sign - Type FIGURE 2 Business Monument Sign - Type 2 FIGURE 3 Retail Fagade Signs ARTICLE V. EXHIBITS EXHIBIT I Legal Description of PD 3-10 EXHIBIT 2 PD Concept Plan EXHIBIT 3 Signage Comparison PD 3-10 Zoning Comparison SATown Secretar,hOrdinances120081ord. 592 PD 3-10 4-28-08.doe ARCNITECTURtL ELE s*,' � MGXdMiaM MGN{A'9ENT c .:.. ISL � f MAXIMUM SIGN ARE -4 5= BUILDING MORE THAN 20,000 SF —1-NUMEN7 AREA we // MAXrMUM 510N .4REA . 15 51 TEKAJfr TErUW BUILDING LESS THAN 20,000 SF BUSINESS MONUMENT SIGN TYPE_ I FIGURE I BUILDING LESS THAN 15,000 SF BUSINESS MONUMENT SIGN TYPE 2 FIGURE 2 FIGURE 3 WPM r rrr rrr r r ' ui r ru ._, I��!Illlllllllllllllllllllli�lll IIIIIIIIIIIIIIIIIIIII! � �� ���'r � // Eno O IIhI�I1IIIIIII��I� �r��+�'' �"•:�i _ - Imo' mm- a/Emu � � �r� �■ t�. rr e, r FIGURE 3 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 and all of that tract of land conveyed to Hillwood Development Co. LLC. (Tract l) by deed recorded in County Clerk's Filing Number D205179108, both of Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the northwest corner of said Hillwood tract 1 and being in the east right-of-way line of the Texas & Pacific Railroad and the south right -0f --way line of State Highway 170; THENCE N84°11'41 "E, 128.04 feet along the south right-of-way line of State Highway 170; THENCE N 84019'22"E, 265.15 feet continuing along the north right-of-way line of State Highway 170 to the west right-of-way line of State Highway 377; THENCE S32038' I9"E, 60.67 feet along the west right-of-way line of State Highway 377 to the beginning of a non -tangent curve to the right; THENCE with said non -tangent curve to the right continuing along the west right-of-way line of State Highway 377, an arc distance of 767.04 feet, through a through a central angle of 07°46'20", having a radius of 5654.58 feet, the long chord of which bears S32136'54"W, 766.46 feet; THENCE S36°32'07"W, 886.07 feet continuing along the west night -of -way line of State Highway 377; THENCE S36028'55"W, 259.87 feet continuing along the west right-of-way line of State Highway 377 to the beginning of a curve to the left; THENCE with said curve to the left continuing along the west right-of-way line of State Highway 377, an arc distance of 386.74 feet, through a through a central angle of 05°41'22", having a having a radius of 3894.72 feet, the long chord of which bears S33°38'00"W, 386.58 feet to a point in the aforementioned east night -of -way line of the Texas & Pacific Railroad; THENCE N24058'46"E, 2096.36 feet along the east right-of-way line of the Texas &. Pacific Railroad to the Point of Beginning and containing 10.226 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 1S 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. C&B Job No. 015007.040.001.0610 S#FW 09-L March 20, 2008 J:UOB10150070110401SUR1W P\LEG15007ZN 1.LEG.doc ri h POINT OF BEGINNING y t/ He 46 19, 22" E .01 9.04 265, 15' S'SOf 61' �• �3 ~` a �J • � a�a � a t1 V ®fib 9 IM INC a=o5041' 22" RE3894. 72' L=386. 74' L. C. =5330 38' 00"W 386.58' 10M6 ACRFS d=0r 46' 20" R=5654,58' L=767. 04' L. C. =S 329 36' 54" 766.46' 4, s,ate Hh»„y 170 AIL INVESTMENT L.P, VOL. 13588. PA1 E 189 D. R. T, C. i. 0 400 I 800 1200 GRAPHIC SCALE IN FEET A ZONING EXHIBIT OF A TRACT OF LAND IN THE WILLIAM HUFF SURVEY, ABSTRACT 648, TARRANT COUNTY, TEXAS 'This document was prepared under 22 TAC 663-21, 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.' JOB # cu-aoa I DATE: w -u -m IDRAWN: E ICHECKED- nK SHT. NO. EXHIBIT 2 1 t � \ \ DE`�* M � OPEN' A = -- i 'k- T PLAN Q' B R d E N & ASSC � . °' • JOB. 2'007 r *SAJE DATE 031046 DATE ARCHITECTURE ■ INTERk_ °"�' � "' ►}O MR�[l� IU i6►9 � Wit W � 6�t1Ar 7FTi{`•Tiw +FNM �. �. IR ♦ �.w... t Signage Compaq icon PD 3-10 SWC US Hwy 377 and SH 170 Sign Type Signage Allowed Per Current Zoning Monument and Sign Sign Area Within Total Monument and Sign Total Sign Area Within Area Monument Number of Signs Area Monument Business Monument - Type 1 Building less than 20,000 sf 20 sf 20 sf 2 40 40 Business Monument - Type 1 Building more than 20,000 sf 40 sf 24 sf 1 40 24 Business Monument - Type 2 18 sf 18 sf 4 72 72 Total 7 152 136 Sign Type Signage Requested Per Proposed Zoning Monument and Sign Sign Area Within Total Monument and Sign Total Sign Area Within Area Monument Number of Signs Area Monument Business Monument - Type 1 Building less than 20,000 sf 75 sf 25 sf 3 225 75 Business Monument -Type 1 Building more than 20,000 sf 100 sf 35 sf 1 100 35 Business Monument - Type 2 50 sf 20 sf 0 0 - 0 Total 4 325 110 Total Monument and Sign Total Sign Area Within Number of Signs Area Difference Monument Difference Difference in signage requested per Proposed Zoning to signage allowed per Current Zoning 3 fewer signs* 173 addl. sf' 26 fewer sf` `Proposed zoning allows for more monument area to provide for architectural consistency with the shopping center, but the total sign area is less than what is allowed by the current zoning. Total number of signs is decreased by 43'0. This represents the signage based on the concept plan, but signage for each lot will be further reviewed and approved during r� i >< the site plan approval process. C. D 90�lpPle''c�'�[ Business Monument Sign - Type 1 Figure 7 0 �-USINE9� L —.R& Maximum Sign Area = 20 sf Maximum Monument Area = 20 sf Building smeller than 20,000 sf Maximum Sign Jif Area = 24 sf (�U rg 1 Maximum Monument E ' I r Area = 40 sf ---NAME Building 20,000 -125,000 sf _ _ _ ---------- r� I R C L E Maximum Sign 01 C _ � ------ Area = 36 sf C 8 U S I N E S_S CENTER" " Maximum Monument Area = 60 sf Building - larger than 125,000 sf k r Gee -7 I L.`c R 1 Business Monument Sign - Type 2 Figure 8 Max. Maximum Sign Area = 18 sf _ Maximum Manumenl C ` Area = 18 sf PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison D Re uiremient 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. Rear Yard The parcel is adjacent to the railroad ROW and 30 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 t(} feet 10 feet allows for more buffer between lots Business SIP 36mdaidi 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 sign area = 25 sf sign area gives the ability for signs to match the smaller than Maximum monument area = 20 sf. Maximum monument area = 75 sf overall architectural design of the center as well as 20 tenants needs for maximum visibility to the street -Ono -f frontage Business MonumentThe Maximum height = 4 feet Maximum height = 8 feel increase in sign height and monument and Signs (Type 1 ) Maximum sign area = 24 sf Maximum sign area = 35 sf g 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 20,00{) sf sf. tenants needs for maximum visibility to the street frontage. 1 April 16, 2008 PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison Category Business Monument Signs (Type 2) Current PD Requirement Maximum height = 3 feetMaximum Proposed PD Re uirement Rationale The Business Monument Sign - Type 2 would be for use by single tenant users under 15,000 sf. height = 6 feet 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 Si na a Comparison). Retail Facade Maximum aggregate sign area of all signs on a Maximum aggregate sign area of all signs on a Facade signs that are larger provide for safer ingress Signs budding is 4% of the aggregate area of all street facing building is 6% of the aggregate area of all' street and egress to the public through improved visibility as well as better building facades. facing building facades visibility and marketing to the tenant. These requirements will still maintain the integrity of reduced signage within the Town. Retail Facade Maximum aggregate sign area of all signs on any Facade signs that are larger provide for safer Signs one building facade is 4% of the buildingg Maximum aggregate si n area of all ns on signs any ingress and egress to the public through improved facades. one building facade is 6% of the building facades. visibility as well as better visibility and marketing to the tenant. These requirements will still maintain the integrity of reduced signage within the Town Maximum aggregate sign area of all signs Maximum aggregate sign area of all signs Retail Facade advertising any one business is the lesser of (a) 180 sf or (b) the greater of a minimum 20 advertising any one business is the lesser of (a) Facade signs that are larger provide for safer Signs of sf or 4% of the street facing building facade occupied 180 sf or (b) the greater of a minimum of 40 sf or 6% of the street facing building facade occupied ingress and egress to the public through unproved visibility as well better visibility and marketing to by such business. Each business shall be by such business. Each business shall be entitled to These s the tenant. e 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 Town Edge Landscape Zone on 170 Town Edge Landscape Zone on 377 Parking Lots Parking Lot Edge Parking Lot Landscaping - Location of Required Landscape PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison C 11 Along the north side of 170 - Average width of 100 feet and a minimum width of 50 feet from the highway ROW Along the south side of 170 - Average width of 150 feet and a minimum width of 70 feet from the highway ROW Along the west side of 377 - The landscape zone shall have a minimum width of 50 feel from the highway ROW. Shall include a minimum of sixty (60) sf of landscaped area for each off-street parking space 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. When separating two parking lots, the parking lot edge shall be a minimum of twenty (20) feet wide and shall contain a minimum three (3) foot high berm Required landscape area shall occur entirety within the parking lot and parking lot edge. Proposed PD R Along the north side of 170 - Average width of 50 feet from the highway ROW Along the south side of 170- Average width of 50 feet from the highway ROW Along the west side of 377 - The landscape zone shall have a minimum width of 50 feet from the highway ROW 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 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. The parking lot edge shall constitute the edge around all of the parking instead of individual lot tines. Required landscape area shall occur within the parking lot, parking lot edge and town edge landscape Zone Minimum of 1 tree per 2.5 parking spaces Minimum of 1 tree per 4 parking spaces. Tree Density No parking space may be greater than 15 feet No parking space may be greater than 30 feet from from a tree. a tree. The unique character of the slope of the ROW on SH 170 renders the larger landscape buffer inefficient from an aesthetic viewpoint. The average of 50 feet allows for proper planting and use of the unique topographic considerations. In addition, the average width between the curb and property line is 75 feet. Town requirements are met on this This will allow for better clustering and growth of vegetation especially with the unique size and shape of some of the lots The parking lot edge will constitute the edge around all parking which allows the cross access and shared parking needed to accommodate the interactive uses on this parcel. This also makes it more appropriate for individual lots that are unconventional size and shapes Based on the size and shape of the parcel it is more appropriate to include the town edge landscape zone to satisfy the criteria This will allow for better clustering and spacing of trees to allow for proper maturation. In addition. the size and shape of the parcel was taken into consideration to be consistent with the intent of the current PD. April 16, 2008 Luminaire Height PD 3-10 and PD 3-11 Current and Proposed Zoning Comparison urrent PD 25 feet Reaui 35 feet if the total number of luminaries on the parcel is decreased by at least 10%. Rationale The use of taller luminaries is needed to allow for better Parade visibility and better overall lighting coverage for the site. For example, on the PD 3- 10 tract if the height of the luminaries is raised to 35 feet, only 12 poles are needed as opposed to 15 poles at the required 25 foot height Foot candies will still be zero at the property Pine per Town requirements. Locations and height of poles may allow TXDOT to modify their lighting within the Highway 377 and SH 170 ROW. April 16, 2008