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Ord 452 Rezoning 154 acres in Planned Development PD 3-5
TOWN OF WESTLAKE ORDINANCE NO. 452 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO REZONE AN APPROXIMATELY 154 -ACRE TRACT OF LAND GENERALLY LOCATED IN DENTON COUNTY, TEXAS FROM A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING OFFICE, ENTERTAINMENT/OFFICE, RETAIL, ENTERTAINMENT/RETAIL AND MALL USES AS ESTABLISHED IN PD ORDINANCE NO. 311 TO A "PD" PLANNED DEVELOPMENT DISTRICT AUTHORIZING OFFICE USE AND MIXED-USE DEVELOPMENT; PROVIDING EXHIBITS SHOWING THE AREAS BEING REZONED, PROVIDING FOR A CONCEPT PLAN PRIOR TO ISSUANCE OF A BUILDING PERMIT AND A LEGAL DESCRIPTION; PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR DEVELOPMENT STANDARDS; PROVIDING FOR AREA REQUIREMENTS; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Board of Aldermen (the "Board") of the Town 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, on September 15, 1997, based on the recommendations of the Planning and Zoning Commission (the "Commission"), the Bo and amended the Z oning Ordinance and the subdivision regulations by adopting 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, 2003; and WHEREAS, there is located within the corporate limits of the Town an approximately 154 acre tract of land (commonly known as Planning Area 5 and hereinafter sometimes referred to as the "Planning Area"); 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, retail and mixed-use development including high end owner -occupied single family residential within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the Commission has recommended to the Board that the hereinafter described property be rezoned to "PD" Planned Development District; 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 Land Use Plan, Thoroughfare Plan, Open Space and Trail Plan, Water and Sewer Plans, Drainage Plan, and Zoning Map all as amended. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, O rdinance No. 2 00, is he reby a mended b y t his P D O rdinance, b y a mending P lanned Development District No. 3-5 within the property described in Exhibit 1 attached hereto by reference for all purposes. This PD will be subject to the approval a Concept Plan and all development standards and other regulations attached hereto. SECTION 3: Upon the adoption of this PD, the Town Manager or his designee shall promptly update the Town's Official Zoning Map, to include an amended Planned Development on which entry shall include the abbreviated designation "PD No. 3-5A" and the date that this Ordinance was adopted by the Board. SECTION 4: It is hereby declared to be the intention of the Board, 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 without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5: This Ordinance shall become effective upon its passage. PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 22ND DAY OF MARCH, 2004. y, M�ATTEST: Scott Bradl y, Mayor Tren�ettownager CIRCLE T PLANNING AREA 5 TABLE OF CONTENTS Page ARTICLE I. GENERAL PROVISIONS....................................................................................6 SECTION1 SHORT TITLE..................................................................................................6 SECTION2 PURPOSES........................................................................................................6 SECTION 3 GENERAL DEFINITIONS...............................................................................6 Section3.1 Usage..............................................................................................................6 Section 3.2 Words and Terms Defined.............................................................................6 SECTION 4 PD SUPPLEMENT............................................................................................7 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS.......................................7 Section 5.1 Applicable Town Ordinances........................................................................7 Section 5.2 General Approval Criteria..............................................................................7 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS...............8 Section6.1 PD Concept Plan ............................................................................................8 Section 6.2 PD Development Plans..................................................................................8 Section6.3 PD Site Plans..................................................................................................8 ARTICLE II. USES SECTION1 LAND USES......................................................................................................9 Section 1.1 Land Use Schedule.......................................................................................9 Section1.2 Municipal Use.............................................................................................13 Section1.3 Residential..................................................................................................13 SECTION 2 ACCESSORY USES AND STRUCTURES...................................................13 ARTICLE III. DEVELOPMENT STANDARDS....................................................................14 SECTION1 DENSITY........................................................................................................14 Section1.1 Office Uses...................................................................................................14 Section 1.2 Mixed Use Development Area.....................................................................14 Section 1.3 Residential Uses...........................................................................................14 SECTION 2 MINIMUM LOT SIZE....................................................................................14 Section 2.1 Residential Areas.........................................................................................14 Section2.2 All Other Areas............................................................................................14 SECTION 4 MAXIMUM BUILDING HEIGHT......., Section 4.1 Mixed Use Development Area ........... Section 4.2. Residential Uses ............................... Section 4.3 Exceptions to Height Requirements... SECTION 5 MINIMUM BUILDING SIZE ............... SECTION 6 FRONT YARD SETBACKS ................. SECTION 7 REAR YARD SETBACKS ................... SECTION 8 SIDE YARD SETBACKS ..................... SECTION 9 SLOPE REQUIREMENTS ......................... ARTICLE IV. MIXED USE DEVELOPMENT AREA STANDARDS................................17 SECTION I ROADWAY STANDARDS ........................................ SECTION 2 LANDSCAPING......................................................... SECTION 3 LAKE EDGE............................................................... SECTION 4 ROOFS......................................................................... SECTION 5 CONSISTENT FIRST FLOOR HEIGHTS ................. SECTION 6 STREET LEVEL ENTRIES AND OPENINGS ......... SECTION 7 STOREFRONT SPACING .......................................... SECTION 8 STREET LEVEL FACADES ...................................... SECTION9 PORCHES.................................................................... SECTION 10 SIDEWALK COVERINGS ......................................... SECTION 11 DIVERSITY OF USES ................................................ SECTION 12 MID -BLOCK PASSAGES .......................................... SECTION 13 PAVING MATERIALS ............................................... ARTICLEVI. EXHIBITS..........................................................................................................19 EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Mixed Use Development Area Maximum Building Height EXHIBIT 3 Building Height - One Story EXHIBIT 4 Building Height - Two Story EXHIBIT 5 Building Height - Three Story EXHIBIT 6 Building Height - Four Story EXHIBIT 7 Building Height - Five Story Mixed Use Development Roadway Standards EXHIBIT 8 Street "A" — Primary Road EXHIBIT 9 Street "B" — Town Square EXHIBIT 10 Street "C" —Perimeter Road EXHIBIT 11 Street "D" — Interior Road EXHIBIT 12 Street "E" — Service Lanes EXHIBIT 13 Lake Edge ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE. This ordinance shall be known and may be cited as the "Amended Circle T Planning Area No. 5 - Planned Development Zoning District", 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. 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. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Board. Mixed Use Development Area means the areas within the PD District that are developed in accordance with Article IV of this PD Ordinance. PD District means the planned development zoning district established by this PD Ordinance. February 23, 2004 Article 1. General Provisions PA 5 - Mixed Use Page 6 ORDINANCE PD Concept Plan means any one or more of the drawings that must be submitted and approved by the Planning and Zoning Commission and the Board Aldermen prior to, or simultaneous with a preliminary plat. PD Ordinance means this planned development zoning district ordinance, including any approved PD Concept Plan. PD Sup 1p ement means that certain Circle T Planned Development Zoning District Supplement contained in Ordinance No. 307 and adopted by the Board. Residential area means an area within the PD District consisting of approximately 50 acres and devoted to single family residential uses, as identified in the Land Use Schedule in Article II of this PD Ordinance. 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 PD Ordinance No. 311, 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 an approved PD Concept Plan, this PD Ordinance and the PD Supplement, development within the PD District shall be governed by least restrictive of the "R" Retail or "O" Office Park zoning district standards and the uses listed in Article II of this Ordinance. Except to the extent provided by an approved PD Concept Plan, this PD Ordinance, and the PD Supplement, the Applicable Town Ordinances shall also govern development within the PD District. In the event of any conflict between (a) an approved PD Concept Plan, this PD Ordinance and the PD Supplement and (b) the Applicable Town Ordinances, the terms, provisions and intent of an approved 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) February 23, 2004 Article 1. General Provisions PA 5 - Mixed Use Page 7 ORDINANCE 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 an approved PD Concept Plan, this PD Ordinance, the PD 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 Us Plan the Open Space and Trail Plan, the Master Thoroughfare Plan, the Master Water and Sewer Plans, and the Master Drainage Plan of the town and the UDC. Section 6.2 PD Development Plans. PD development plans are required for development within the PD District. The UDC governs the p rocess 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 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). February 23, 2004 Article 1. General Provisions PA 5 - Mixed Use Page 8 ORDINANCE ARTICLE IL USES SECTION 1 LAND USES. Section 1.1 Land Use Schedule. Buildings, structures, and land within the PD District 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 t o t he p rimary use). A b lank s quare s hall in can t hat t he us e is no t o llowed a s a principal use. PLANNING AREA 5 — MIXED USE LAND USE SCHEDULE PERMITTED USES AGRICULTURAL USES X = Permitted S=Special Use A = Accessory Use 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) S Stables (As a Business) S RESIDENTIAL USES Single Family Detached x Single Family Attached—Zero Lot Line X Single Family Attached x Duplex Condominium Home Occupation x Servants/Caretakers Quarters A Temporary Accommodation for Employees/CustomersNisitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private) A February 23, 2004 Article Il. Uses PA 5 - Mixed Use Page 9 ORDINANCE PERMITTED USES X = Permitted S— Special Use A = Accessory Use INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Mailing Service (Private) X Heliport HelistopNerti-stop S 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) S Water Storage Tank acid Pumping System (Elevated or Above Grade) S Water, Sewer, Electric, acrd 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) X School, R-12 (Public or Private) School (Vocational) A College or University X Community Center (Public) X Civic Club X Church or Place of Worship X Use Associated with a Religious Inst. X Government Building X Police Station X Fire Station X Library X Data Center X February 23, 2004 Article II. Uses PA 5 - Mixed Use Page 10 ORDINANCE PERMITTED USES X = Permitted S— Special Use A = Accessory Use COMMERCIAL USES 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 (x3,000 S.F.) X Laundry/Dry Cleaning (Drop/Pick) X Parking Structures X Shoe Repair X Beauty Parlor/Barbershop X Clothing Store X Quick Copy/Duplicating Services X Personal Services X Liquor Store Micro -brewery and Wine Production and Sales (<30,00o S.F.) S Grocery (With alcoholic beverage sales) S Convenience Store (with alcoholic beverage sales) S Grocery X Convenience 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, Caf€ or Dining Facility X Restaurant, Cafe or Dining Facility serving alcohol S Auto/Truck Parts and Accessories X Household Furniture/Appliances (including Sales and Service) X Farmer's Market S February 23, 2004 Article TL Uses PA 5 - Mixed Use Page 11 ORDINANCE PERMITTED USES X = Permitted S= Special Use A=Accessory Use Feed Store Parking Structure X Cafeteria (Private) A Job Printing, Lithography, Printing, or Blueprinting X Vehicle Display and Sales (inside) X Medical Laboratory A R&D Laboratory S Conference Center X Live Theater X Motion Picture Theater X Custom Business Services X Electronic Appliances Store and Computer Sales and Service X Tavern, Bar or Lounge S Dance Halls/Mghtclubs S Golf Course (Public or Private) X Park or Playground (Public or Private) X Satellite Dish X Non-Commercial Radio Tower Race Track Operation Recreation Facility, Health Studio (Public) X Country Club (Private Membership) X Golf Clubhouse (Public or Private) X Community Center (Private) X Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Golf Maintenance Facility A Golf Pro Shop X Health/Spa Facilities (Private) X Athletic Fields (Private) A Athletic Courts (Private) A Equestrian Center X Athletic Courts (Public) A Commercial Amusement (Inside) X Lake Cruise/Water Taxi X Truck/Trailer Rental S Auto Body Repair Auto Mechanical Repair S Quick Lube/Oil Change February 23, 2004 Article 11. Uses PA 5 - Mixed Use Page 12 ORDINANCE PERMITTED USES NOTE X = Permitted S= Special Use A = Accessory Use Vehicle Maintenance (Private) x Vehicle Fueling (Private) S Warehouse/Storage (Inside) Warehouse/Storage (Outside) Scrap/Waste Recycling Collection and/or Storage Gas/Chemical Bulk Storage Light Manufacturing/Assembly S 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 Sr Temporary Construction Office x' Temporary Construction Materials Storage X2 Temporary Sales Office __X' ' NOTES: 1. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 2. Limited to period of construction. Section 1.2 Municipal Use. There shall be a two -acre municipal site reserved for a DPS/Courts use within the PD District. Section 1.3 Residential Area. The maximum number of residential units allowed in this PD District is 275 units. A construction schedule must be approved by the Board of Aldermen prior to or simultaneous with the filing of a preliminary plat. 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. February 23, 2004 Article It. Uses PA 5 - Mixed Use Page 13 ORDINANCE ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY. Section 1.1 Office Uses. T he In aximum aggregate f loor area f or o ffice us es o utside o f a Mixed Use Development Area in this PD District is 884,505 square feet. Section 1.2 Mixed Use Development Area. The maximum aggregate floor area for all uses within a Mixed Use Development Area in this PD District is 1,305,060. Section 1.3 Residential Uses. This PD may contain a maximum of 275 owner occupied, single family dwelling units. SECTION 2 MINIMUM LOT SIZE. Section 2.1 Residential area. The minimum lot size for a residential detached unit within a Mixed Use Development Area is 5,000 square feet. There are no minimum lot sizes for Residential attached units. Section 2.2 Mixed Use Development Area. There are no minimum lot sizes within a Mixed Use Development Area except as described in Section 2.1 above. Section 2.3 Office. The minimum lot size for office uses outside a Mixed Use Development Area shall be 100,000 square feet SECTION 3 MINIMUM LOT WIDTH Section 3.1 Residential area. The minimum lot widths for residential detached units located within a Mixed Use Development area of the PD District shall be 50 feet. There are no minimum lot widths for attached uses within a Mixed Use Development Area. Section 3.2 Mixed Use Development Area. There shall be no minimum lot widths within a Mixed Use Development Area, except as noted in Section 3.1. Section 3.3 Office. The minimum lot width for Office use outside of a Mixed Use Development Area shall be 200 feet. SECTION 4 MAXIMUM BUILDING HEIGHT. Section 4.1 Mixed Use Development Area. The maximum height for all structures within_a Mixed Use Development area shall be four (4) stories or 60 feet. Building heights are illustrated by Exhibits 2 through 7. Buildings are to be built to human scale and will not exceed a building height -to -street width ratio of 1:3. The following additional standards apply: A. Adjacent buildings within the same block must be varied in height; however, the height differential between buildings cannot exceed one floor. B. Heights are measured from the sidewalk to the top of the parapet or roof eave. February 23, 2004 Article Ili. Development Standards PA 5 - Mixed Use Page 14 ORDINANCE C. Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run. D. Attic space under the roof may be occupied. E. Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than 16 feet above the parapet or eave line. Section 4.2. Residential Uses. The maximum height for all residential structures is 35 feet Section 4.3 All Uses Outside a Mixed Use Development Area. The maximum height for all structures shall be the lesser of four (4) stories or 60 feet. Section 4.4 Exceptions to Height Requirements. The height limits imposed by this Section 4 shall not apply to (a) chimneys and vent stacks, church spires, towers, cupolas, sloped roofs, 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. The minimum residential dwelling unit size shall be 1,500 square feet. The minimum building size for all other uses shall be 5,000 square feet. SECTION 6 BUILD TO LINES. Section 6.1 Mixed Use Development Area There shall be a 15 foot minimum build to line for attached residential uses in a Mixed Use Development area. Detached residential in a Mixed Use Development area shall have a 20 foot minimum front yard setback. There are no minimum front yard setbacks for other areas in a Mixed Use Development area except that sidewalk zones and landscaping will be consistent with the PD supplement. Section 6.2 The minimum front yard for office uses not within a Mixed Use Development Area shall be 50 feet SECTION 7 REAR YARD SETBACKS. There are no minimum rear yard setbacks for uses within a Mixed Use Development Area. The minimum rear yard for all uses outside of a Mixed Use Development Area shall be 20 feet. SECTION 8 SIDE YARD SETBACKS. Section 8.1 Mixed Use Development Area - Residential Attached. Each attached single- family dwelling shall have only one five -feet wide side yard. The side yard requirements shall apply to only one side yard of the first and last attached houses in each set of attached houses. February 23, 2004 Article 111. Development Standards PA 5 - Mixed Use Page 15 ORDINANCE Section 8.2 Mixed Use Development Area — Residential Detached. The side yard requirements for residential detached in a Mixed Use Development area shall be 10 feet. Section 8.3 There shall be no side yard setback requirements for any other uses within a Mixed Use Development Area. Section 8.4 Office The minimum side yard for office use outside the Mixed Use Development area shall be 25 feet SECTION 9 SLOPE REQUIREMENTS. The height of non- residential structures within a Mixed Use Development Area shall be limited to 60 feet. Where non-residential structures are adjacent to residential structures within the same block, the height shall be limited to 35 feet. February 23, 2004 Article DL Development Standards PA 5 - Mixed Use Page 16 ORDINANCE ARTICLE IV. ADDITIONAL MIXED USE DEVELOPMENT AREA STANDARDS SECTION 1 ROADWAY STANDARDS. The general roadway standards applicable within a Mixed Use Development Area are established by the drawings labeled "Mixed Use Development Area Roadway Standards". Street sections for such roadways (including on -street parking) are illustrated on Exhibits 8 through 12. SECTION 2 LANDSCAPING. All landscape requirements for this PD District are established in: (i) the Roadway Standards of this ordinance (See Exhibits 8 through 12); (ii) the Lake Edge Standards (See Exhibit 13); and (iii) the PD Supplement. In the event that any landscaping standard is not addressed by (i), (ii) or (iii) above, then the landscaping standards contained in the UDC shall apply. SECTION 3 LAKE EDGE. The s tandards applicable t o t he de velopment o f t he Lake Turner s horeline a re it lustrated o n Exhibit 13. SECTION 4 ROOFS. Commercial roofs will be predominantly flat with sloped roof architectural features. Residential roofs will be predominantly sloped with flat accent roofs. Sloped roofs will not have a height -to - length ratio greater than 8:12. Curved roofs will be no taller than 16 feet above the plate or cornice line. All mechanical units must be screened from view. SECTION 5 CONSISTENT FIRST FLOOR HEIGHTS. Above a given block, the first floor heights should be similar in adjacent buildings, particularly as reflected in the exterior spandrel between the first and second floor. On commercial streets, the heights of the first floors and adjacent buildings should not vary by more than one foot. Likewise, heights of canopies and colonnades covering the sidewalks should match from building to building along a given block front, with a maximum height of 14 feet. SECTION 6 STREET LEVEL ENTRIES AND OPENINGS. Commercial entries along the street should be recessed at least two feet from the building face. Residential entries may be recessed or may be covered with a protective rain covering such as awnings and canopies. SECTION 7 STOREFRONT SPACING. At least one building entry or passage shall occur every 25 feet on average in any block, but no further than 40 feet apart along any commercial facade. February 23, 2004 Article IV. Additional Mixed Use PA 5 —Mixed Use Page 17 Development Area Standards SECTION 8 STREET LEVEL FACADES. Blank stretches of street level, street facing facades (those without windows or entries) should be minimized; however, stretches of ten feet are acceptable. Blank stretches between ten feet and 20 feet are permissible, but should be limited. Blank stretches over 20 feet are not allowed. SECTION 9 PORCHES. Where first floors are used for residential purposes, first floor porches must be elevated at 18 inches above the sidewalk. SECTION 10 SIDEWALK COVERINGS. Canopies and colonnades are permitted and encouraged. SECTION 11 DIVERSITY OF USES. Diversity of uses is encourage throughout a Mixed Use Development Area. Mixing uses vertically within buildings is also encouraged. SECTION 12 MID -BLOCK PASSAGES. Mid -block passages which connect the street to the interior of blocks and the parking therein are encouraged. These passages may be enclosed or open air, but must remain open to public passage. These passages should be enhanced with landscaping. Pedestrian circulation should be encouraged and enhanced. SECTION 13 PAVING MATERIALS. Roadways and parking lots will be concrete, asphalt, with brick, stamped concrete, paver or stone crosswalks and concrete curbs. Entire sections of important roadways may be brick. Sidewalks shall be concrete and/or brick. Other paved areas, such as courtyards and plazas, may be brick, concrete, or stone, as appropriate. SECTION 14 PEDESTRIAN ACCESS. Pedestrian access must be maintained throughout the PD. All buildings and open space must be joined by sidewalks that follow the standards established in the PD Supplement, the UDC and the Trails and Open Space Plan. Sidewalks are also required to link recreational and entertainment uses to parking areas. February 23, 2004 Article IV. Additional Mixed Use PA 5 —Mixed Use Page 18 Development Area Standards ARTICLE V. EXHIBITS EXHIBIT 1 Legal Description of PD District EXHIBIT 2 Mixed Use Development Area Maximum Building Height EXHIBIT 3 Building Height - One Story EXHIBIT 4 Building Height - Two Story EXHIBIT 5 Building Height - Three Story EXHIBIT 6 Building Height - Four Story EXHIBIT 7 Building Height - Five Story Mixed Use Development Roadway Standards EXHIBIT 8 Street "A" — Primary Road EXHIBIT 9 Street `B" — Town Square EXHIBIT I 0 Street "C" —Perimeter Road EXHIBIT 1 I Street "D" — Interior Road EXHIBIT 12 Street "E" — Service Lanes EXHIBIT 13 Lake Edge February 23, 2004 Article V. Exhibits PA 5 - Mixed Use Page 19 ORDINANCE LEGAL DESCRIPTION PD 3-_5 PROPOSED ZONING "MIXED USE" BEING a tract of land situated in the Richard Eads Survey, ,Abstractacon Numrvey, er 393strat Number County) and Abstract Number 49_ (Tarrant County), 1565 (Denton County), Abstract Number 2026 (Tarrant County), the M.E.P.& P.R.R. Survey, Abstract Number 923 (Denton County) and the Jesse Sutton Survey, Abstract Number 823 (Denton County) and being a portion of that tract of land conveyed to AIL Investments, Ltd., recorded in Volumel3275, Page 542 of Deed Records Tarrant County, Texas and under County Clerk's Number 98-R0052417 of Real Property Records, Denton County Texas and being more particularly described by metes and bounds as follows; BEGINNING at the northeast corner of that tract of land conveyed to Sam Lee recorded in Volume 575, Page 580 of Deed Records, Tarrant County, Texas THENCE N 89010'35"W, 11.21 to the southeasterly right-of-way of State Highway 170 (a variable width right-of-way); THENCE with said southeasterly right-of-way the following courses and distances; N 34°39'39"E, 368.29 feet; S 75041'23"E, 65.50 feet; N 89°52'23"E, 42.06 feet; N 03°17' 17E, 181.84 feet to the beginning of a non -tangent curve to the right; THENCE with said non -tangent curve to the right, an arc distance of 3358.72 feet, through a central angle of 67038'4811, having a radius of 2844.79 feet, the long chord of which bears N 70040'09"E, 3167.01 feet to the south right-of-way of State highway 114 (a variable width right-of-way); THENCE S 75049'00"E, 108.13 feet; THENCE S 75016'13"E, 75.00 feet; THENCE S 67°10' 12"E, 317.59 feet; THENCE S 00031'38"E, 57.12 feet; THENCE S 75023'1 5"E, 26.80 feet; THENCE S 17°2..'44'"W, 476.68 feet departing said southerly right-of-wati, to the beginning of a curve to the left; Tracking No. N/A C&B Job No. 01 1400.501.1.0049 February 19, 2004 S#CTR Page I of 2 J:\] OB\01140059\SUR\WP\LEG\PD_3-5.leg.doc THENCE with said curve to the left, an arc distance of 848.27 feet, through a central angle of 18°4911", having a radius of 2582.50 feet, the long chord of which bears S 0705910911W, 844.46 feet to the beginning of a curve to the right; THENCE with said curve to the right, an arc distance of 690.98 feet, through a central angle of 38054134", having a radius of 1017.50 feet, the long chord of which bears S 18001'50"W, 677.78 feet to the beginning of a curve to the left; THENCE with said curve to the left, an are distance of 345.82 feel, through a central angle of 16045'21", having a radius of 1182.50 feet, the long chord of which bears S 29°06'26"W, 344.59 feet to the east line of that tract of land conveyed to Roanoke Lodge No. 421, recorded in volume 82, Page 532 of said Real Property Records; THENCE N 00047'59"W, 241.59 feet with the east line of said Lodge Tract; THENCE N 89054'00"W, 803.58 feet with the north line of said Lodge'fract; THEline of said Lodge center] ne f Ott nge Road (a paved t as eledCE S 01 046'29"E, 315.42 feet with etTract roade way of undo rrmin dwidth, norecordr�nate found); THENCE with said approximate centerline the following bearings and distances; N 89°59'37"W, 630.18 feet; N 76013'43"`v, 210.12 feet; N 41-18'1 5"W, 717.16 feet; N 56-49'16"W, 923.63 feet; S 00037'46"E, 73.61 feet to the north line of aforementioned Lee Tract; THENCE N 89°10'35"W, 284.94 feet to the Point of Beginning and containing 6,679.548 square feet or 153.3 acres of land more or less. "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 pf the boundary of the political subdivision for which it was prepared." Tacking No. N/A C&B Job No. 011400,501.1.0049 February 19, 2004 S#CTR Page 2 of 2 J:\JOB\01140059\SU R\WP\LEG\P D_3-5.leg. doc BUILDING HEIGHTS General Notes • Buildings will be varied in height. The height differential between adjacent buildings on a street should be no more than one floor height • Heights are measured from the sidewalk to the top of the parapet or roof cave. ■ Sloped roofs, towers, cupolas and other architectural elements may reasonably extend beyond the maximum heights. • Sloped roofs shall not exceed a pitch of 8 inch rise for every 12 inches of run. • Attic space under the roof may be occupied and will not be counted against the floor count. • Vaulted and curved roofs are permitted but shall not exceed an apex height of greater than 16 feet above the parapet or cave line. Exhibit 2 Building Heights One Story One Story (Menimum Slope? 12 X x m a tV QY Exhibit 3 Building Heights Two Story Two Story (Maximum Slope) 12 8 tX6 m . a et Exhibit 4 Building Heights Three Story Tluee Story Exhibit 5 Building Heights Four Story 0 Four Story �Merimum Slnoel Exhibit 6 Building Heights Five Story Exhibit 7 STREET A PRIMARY ARTERIAL Typically Street A is the main boulevard running through the area. It will be four lanes and divided where it passes through the mixed use development and be urban in character. The median will be narrow, on -street parking will be allowed, sidewalks will be close to the street edge and traffic lights will be more frequent if required. Speed limits will lower on this stretch to allow for pedestrian crossings and street intersections. Lm Street Character Street A will be primarily commercial. There will/ be high traffic volume, but it will remain pedestrian \ /,Ij�I j �\ friendly. Building Heights Building heights will be no less than two stories and Street Plan no more than four stories. Sidewalk Zone/ The depth of the sidewalk and "build -to" line will Build -To -Lines be a minimum of 15 feet from the face of the curb. Parking Angled and parallel street parking will be allowed on both sides. Landscaping Street trees are required along sidewalks and in 04 medians placed at a maximum spacing of 25 feet. \4 15' 20' l 24' 16' 24' 20' 15.' 194' T T�---d Street Section Exhibit 8 STREET B TOWN SQUARE Town Square may be a one-way street within the mixed use development. It is primarily a retail shopping street with slow traffic. There will be parallel parking on the inside curb next to the Square and angled parking on the outside curb next to the shops. Street Character Town Square will be primarily commercial, with active pedestrian areas. Building Heights Building heights will be no less than two stories and no more than four. Sidewalk Zone/ The depth of the sidewalk and "build -to" line shall Build -To -Lines be 15 feet from the curb. All buildings facing Town Square must be built 100% to the build -to line with the exception of civic buildings, building entries, through -block passages, and required building articulations. Parking Angled parking will be allowed on the outside of the street and parallel parking will be allowed on the inside next to the square. Landscaping Street trees are required along sidewalks at a maximum spacing of 25 feet. Street Plan Street Section Exhibit 9 STREET C PERIMETER ROAD The perimeter road parallels the boundaries of the site and may form the outer ring of the mixed use development area's street system. It is a two-way street with parallel parking provided on both sides. Street Character The portions of the perimeter road nearest to retail and office areas are primary commercial. The remainder is primarily residential with occasional shops or cafes mixed in at street level. Building Heights Building heights vary but are generally one to three stories. Sidewalk Zone/ The depth of the sidewalk zone adjacent to Build -To -Lines residential uses shall be 10 feet from the curb, and adjacent to all other uses shall be 15 feet from the curb. The "build -to" line for residential uses shall be a minimum of 20 feet from the curb and a maximum of 40 feet from the curb. The "build -to" line for all other uses shall be 15 feet from the curb. Parking Parallel parking will be provided on both sides of the street. Landscaping Street trees are required along sidewalks at a maximum spacing of 25 feet. Street Plan Street Section r� comme.�rar Exhibit 10 STREET D INTERIOR STREETS Interior streets are two-lane streets with on -street parking. Street Character Interior Street is an active shopping, business and residential street. Its residential areas are generally above the street level, but some are on the ground floor level as well. Building Heights Building heights vary from one to four stories. Sidewalk Zone/ The depth of sidewalk zones and "build -to" lines Build -To -Lines shall vary from 15 feet in residential areas to 25 feet in dense retail areas. Parking Parallel parking is allowed on both sides of the street. Landscaping Street trees are required along sidewalks at a maximum spacing of 25 feet. Street Plan Mill Street Section Exhibit 11 STREET E SERVICE LANES Service Lanes are two-way / two-lane service corridor midway between blocks within the mixed use areas. It provides access for service vehicles to parking areas and nearby buildings. Street Character The Service Lane is a small, vehicle -oriented alley with slow traffic throughout. It is not designed to encourage a high level of pedestrian traffic, but it will accommodate them. Building Heights Building heights vary from one to four stories. Sidewalk Zone/ The depth of sidewalk zones and "build -to" lines Build -To -Lines shall be five feet from the curb. Parking There is no on street parking with the exception of occasional loading zones. Landscaping Street trees are not required. Street Plan 0,r I( PI Street Section 54 B' 24' S' V (32' Win, w/a Lardr'ng Zane) Exhibit 12 I LAKE EDGE The shore along Lake Turner is a waterfront area to ' \ 7 ` be enjoyed by all the residents and visitors of I '*�+ Westlake. A continuous pathway, possibly a portion of the Town's trail system, runs along the ) �. i shore Building Heights Buildings along the Lake Edge will be one to three stories. Pathway Zone/ The continuous pathway shall be at least six feet Build -To -Lines wide. The pathway must be at least 35 feet from any building face (but may be adjacent to a building face). Buildings must be set back at least 50 feet from the shoreline. Landscaping The Lake Edge landscaping will be approved at the time of PD Site Plan approval. 1 Uc Prino Plnn Lake Edge Section Exhibit 13 rwt.4lN°,� -��• ! LEGEND e f v g _ -1' c e iw ��-. � 1[ 3 A i] •-- - s e € .x Z St4nPS or 35eea _ Sjj I S' } 3 i 2.5 Stories or 40' z O(1 r •`�� �, ��+5'x '�..,:.n -�„—��,o��i '"_`-- "Tr _• ► +� , f3.yl 1. A a` r �/��. � 3' - ' / • � �� ` lP1EE ® ifi6' B.L]• - _ �f+V>�y �} '-7 ""�- ^ � � U 2.5 Stories or 60' TOM THU1.1 A.. r 3 Storm or 45' e- :, • ---- - _ - ,.: ;.:,_�- `B .�,b�,w, , 3 Stories or 65' r : r . f' " .....: 4 Stories or 60 In �.- g',, ------- r ------ _ f we _j i J iss or 75' 01 _ , ttt , . a �� ;+3� � - � c r.� :e, `. t' :: < :•. ��:p - ..r=;'�'`s�-ice � � �1 .� Q ReSddeiitial V8e1AP Axis no �r t a O ,� '2 t���t: �-".-`-�_ �_ :• ;/;, _ �-o _ e e - . ,, Possible Building Location o = C a fl ^`I 4NI r_ 0 ©o Unobstructed View `! 0£ri PARCEL e r �PyA F .�. ®m a xl 0 O g +_`- ,jam•,, U,:'j;� �.` fe{tl P� .L..., -- - C. °.`q'l, •' Obstructed b1�. Ham P.®. Hound ry ` r F C _ p a p c,. 2.srocsFrs _"y 0P a C s is gs' ...i.�e.'_•e �' f �r�rii� .. _ of i i 4 ti @F; ., ,,.._ r ��. - - - _ - - ..:ire..• _�II �`�k' ; VIP I - ww - F e l p\ _mac rd T Rand mei A a $'; DffVE4A18EWT �RF�Q;k'iiflPf r, mat,a :smwti - - rwt.4lN°,� -��• ! LEGEND e f v g _ -1' c e iw ��-. � 1[ 3 A i] •-- - s e € .x Z St4nPS or 35eea _ Sjj I S' } 3 i 2.5 Stories or 40' z O(1 r •`�� �, ��+5'x '�..,:.n -�„—��,o��i '"_`-- "Tr _• ► +� , f3.yl 1. A a` r �/��. � 3' - ' / • � �� ` lP1EE ® ifi6' B.L]• - _ �f+V>�y �} '-7 ""�- ^ � � U 2.5 Stories or 60' TOM THU1.1 A.. r 3 Storm or 45' e- :, • ---- - _ - ,.: ;.:,_�- `B .�,b�,w, , 3 Stories or 65' r : r . f' " .....: 4 Stories or 60 In �.- g',, ------- r ------ _ f we _j i J iss or 75' 01 _ , ttt , . a �� ;+3� � - � c r.� :e, `. t' :: < :•. ��:p - ..r=;'�'`s�-ice � � �1 .� Q ReSddeiitial V8e1AP Axis no �r t a O ,� '2 t���t: �-".-`-�_ �_ :• ;/;, _ �-o _ e e - . ,, Possible Building Location o = C a fl ^`I 4NI r_ 0 ©o Unobstructed View `! 0£ri PARCEL e r �PyA F .�. ®m a xl 0 O g +_`- ,jam•,, U,:'j;� �.` fe{tl P� .L..., -- - C. °.`q'l, •' Obstructed b1�. Ham P.®. Hound ry ` r F C _ p a p c,. 2.srocsFrs _"y 0P a C s is gs' ...i.�e.'_•e �' f �r�rii� .. _ of i i 4 ti @F; ., ,,.._ r ��. - - - _ - - ..:ire..• _�II �`�k' ; VIP I - ww - F e l p\ _mac rd T Rand mei A a $'; DffVE4A18EWT �RF�Q;k'iiflPf r, mat,a :smwti - - } v i > s6 2 VIEW SECTIONS 3 & 4- u=W TM4"1e.ew 1 RLSniicl Vlxv ARa VIEW 3A 4 SMMES OR SW VIEW TEPJAINATES 2.5 STORIES OR 35` -- ---------- ---------- ------------- -5 - -5 STORIES 09 75` W -d -MI YL" A- enCn.Es se®A.ae®on45� VIEW 3C ,-- 5 SI -ORM OR 75' VIEW 4A Alia MEW TUMMATH F3.5 S70MES OR 3.5' VI IN 4 B POSSIBLE IIUIID wo LarnmOI O 4 Ca C ldBE$W° IS FROM sEE:OR8l3 STORY 1R°IhID®V'A OR T � PD CONCUT PLAN 15'+ APGPOuNo LINE -- 0 luo 20 90 `F acn ieaneo-n�orre 9arsv¢toz.r rev.3a.sm (irsphR• 6v1: In 14st 9"34�4P3IV'P C.`1DRFt]$RS'[6hT --__ __,_._�:..IELLWOOD VIEW SECTIONS --- I & -2 2 STORIES OR 35, — 9.e -lunnim ^o ams F5 STORIES ON 75' 5 STORIES OR 75, r— 2.5 STORIES OR 35' VIEW IA 3 STORIES OR 45" r— 3 STORES OR 50, Poswelvial View kft JmAws VIEW IB Iteddenflul Mew A* FVIEW TEMNATES 15 STORIES OR 75, /— 5 FORIES OR 75, VIVA" ic ftwa&rmal yiew ma y ,yamw- W-0 PER VIEW 2A Rmkimfial V'ww h* 3 STORIES OR 65' VIEW TERWNATES —2-5STONES OR 35, ......... --------- ------------------- - ------- -------------------- ------------- ------- -------- ------------------------- ---------------- ------------- I --------------- -------- ------------- - ----- -------------- — ------------------- ------------------- -------- -0.0 VIEW 26 Rcuide:Aod View A;ds 4 STORES OR 64' EW TERWN&Ta 2.5 STOW -Es OR 3B, at- ............. — -------------------------------------- ....... ----- -- ----- - ---------------------------- ----------------------------------------------- ---------- --------- ------- ---------------- -------- ------------- -00-Glo:nL Cr V lWi 2C &i4donfliml Vww "@ i�ry F9 POSSIOLZ BUILDING L=71011 VIEW PO CONCEPT PM C 0 0 b I$ FROM SECOND STORY %qNDOW OR 15'+ ABOVE GROUND LINE uIrcle. T Ranch f? leb lug dyl 61D on HaLWOOD EWbtp SC0 1. F.;t lRY3MOPUmu commmum M k PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas, a ne4paper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a perio'i of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: -Publisher SUBS BED AND SWORN TO before me on t -S) day of _�M+A to certify which witness ipy h d an official seal. '�--NOtARY PUBLIC, ATE OF TEXAS — g°%PAYFr LAURA LAGRASSA ! PU NV% NOTARY PUBLIC f Te, My Commission Expires: state of Texas (as G 0_ 3-14�2007 jfy1jW'jVAjfX . #]MIAWAV *910101VAILGIA"WA AMRAZIMIN PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas, a newsp er of general circulation which has been 4P published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: U92mim Town of Westlake PubOrdinance 41 SUBSCRIBED AND SWORN TO before me on the day of j Q4to certify which witness my hand and official seal. -A I C rK L EKVER NOTARY PUBLIC, STATE QF TEXAS NOTARY P-QBLIG state of Texas ...... �&-Icomrrl. Exp. 0 -og-2007 My Commission Expires: ;It 0 7