HomeMy WebLinkAboutOrd 882 Zoning Change R5 to PD 7 Spencer Ranchk
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WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake
establishes zoning districts, permissible uses, development standards, and other zoning related
regulations; and
W E REAS, Section 2-31 of the Code of Ordinances of the Town of Westlake adopts a
Comprehensive Flan for the Town of Westlake; and
WHEREAS, Section 102-33(3) of the Code of Ordinances of the Town of Westlake
states that the purpose of a. Planned. Development District is to: Provide for a superior design of
lots or buildings; Provide for increased recreation and/or open space opportunities for public use;
Provide rural amenities or features that would be of special benefit to the property users or
community; Protect or preserve natural amenities and environmental assets such as trees, creeks,
ponds, floodplains, slopes or hills and viewscapes; Protect or preserve existing historical
buildings, structures, features or places; and provide an appropriate balance between the intensity
of development and the ability to provide adequate supporting public facilities and services; and
WHEREAS, on April 29, 2019, the Town of Westlake received a Zoning Change
Request from the Waterside Land Company, LLC on behalf of the property owner for the
property depicted and described in Exhibit "A" requesting that the Town zone said property to
PDi "Planned Development District Number Seven" in accordance with Chapter 102 of the
Code of Ordinances of the Town of Westlake, Texas; and
WHEREAS, because of the size, location, and natural features of the property the Town
has a critical interest in the development of said property and is encouraging such development
to the highest possible standards of quality consistent with the Town's long-term development
vision; and
WHEREAS, the property owner (or representative) appeared before the Planning and
Zoning Commission and Town Council and affirmed that the property owner is seeping this
zoning request; and
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WHEREAS, all legal requirements of state statutes and Town ordinances of the 'rown of
Westlake, as well as all legal requirements and legal notices and prerequisites having been
complied with, including but not limited to chapter 551 of the Government Code and Chapter
211 of the Local Government Code; and
WHEREAS, on May 13, 2019, the request was heard by the Westlake Planning and
Zoning Commission and the Planning and Zoning Commission recommended approval with
conditions of said request; and
WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing
called at a regular session of the Town Council did consider the following factors in making a
determination as to whether the requested change should be granted or denied: congestion in the
streets, including safety of the motoring public and the pedestrians using the facilities in the area;
to secure safety from -fire, panic, or other dangers; the promotion of health and the general
welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid
undue concentration of the population, facilitating the adequate provision of transportation,
water, sewers, schools, parks, and other public requirements; and
WHEREAS, the Town Council has determined that said Zoning Change Request is
consistent with the development goals, standards, and desired uses described in the
Comprehensive Plan; and
WHEREAS, the Town Council of the Town of Westlake, Texas, is of the opinion that it
is in the best interests of the Town and its citizens that this Ordinance should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That the property shown on attached Exhibit "A" is hereby rezoned from
the R5, "Country Residential" zoning district to PD7, Planned Development District Number
Seven", including the approval of a concept/development plan and a Specific Use: Permit (SUP)
for private streets, subject to the conditions contained in Exhibit "B".
SECTION 3:: This Zoning District shall be subject to all regulations contained in the
Code of Ordinances of the Town of Westlake, Texas, except where amended herein.
SECTION 4: The Town Secretary shall amend, or cause to have amended, the Official
Zoning Map of the Town of Westlake to reflect the zoning of the property described and
depicted on attached Exhibit "A".
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
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severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be
declared legally invalid or unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the
remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same
would have been enacted by the Town Council of the Town of Westlake without the
incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence,
paragraph or section.
SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the
terms or provisions of this Ordinance are hereby repealed.
SECTION 7: That this, Ordinance only affects the Property located within the
boundaries of Ply 7 and does not change or affect any other property, including but not limited to
the property adjacent to Pik 7.
SECTION 8- Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not
to exceed Two Thousand Dollars ($2,000.0,0) for each separate offense. A separate offense shall
be deemed committed upon each day, or part of a day, during which a violation occurs or
continues.
SECTION 9: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
Laura Wheat, Mayor
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Description and Depiction of Subject Property
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EXHIBIT A continued
Description and Depiction of Subject Property
Property Description
ALL that certain tract or parcel of land situated in the -70SIAH WALKER SURVEY, ABSTRACT NO.
1604 and the G. B. HENDRICKS SURVEY, ABSTRACT NO. 680, Tarrant County, Texas as described'
in Deed to 1. Timothy Brittan and Kristin Brittan as recorded in Instrument No. D206068103 of
the Deed Records, Tarrant County, Texas and a portion of Lot 1, Block 1, FISHER ADDITION, an
Addition to the Town of Westlake, Tarrant County, Texas as recorded in Instrument No.
D2140,43902 of the Plat Records, Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a 112 inch steel rod found for the northwest comer of said Brittan tract, being in
the apparent southerly right-of-way line of Aspen Lane, also being in the apparent easterly
right-of-way line of Pearson Lane;
THENCE North 89 degrees 27 minutes 00 seconds East with said southerly right-of-way line,
764.91 feet to a 112 inch steel rod found for the most northerly northeast comer of said Brittan
tract, also being the northwest corner of said Lot 1;
THENCE North 89 degrees 27 minutes 38 seconds East continuing with said southerly
right-of-way line and the northerly boundary line of said Lot 1, 299.29 feet to a 112 inch capped
steel rod stamped "PRISM SURVEYS" set;
THENCE South 00 degrees 42 minutes 13 seconds East departing said right-of-way line, 441.21
feet to a 112 inch capped steel rod stamped "PRISM SURVEYS" set in the southerly boundary line
of said Lot 1;
THENCE North 89 degrees 26 minutes 44 seconds East with the southerly boundary line of said
Lot 1, 494.41 feet to a 112 inch capped steel rod stamped "ENCOMPASS" found for the most
easterly northeast corner of said Brittan tract;
THENCE South 00 degrees 09 minutes 05 seconds East with the easterly boundary line of said
Brittan tract, 751.97 feet to a 112 inch capped steel rod stamped "PRISM SURVEYS" found for the
southeast comer thereof;
THENCE South 88 degrees 56 minutes 54 seconds West with the southerly boundary line of said
Brittan tract, 1553.43 Feet to a 112 inch steel rod Found For the southwest comer thereof, also
being in the said apparent easterly right-of-way line of Pearson Lane;
THENCE North 00 degrees 06 minutes 02 seconds West with said easterly right-of-way line,
766.38 feet to a 112 inch capped steel rod stamped "MOAK SURV INC" found;
THENCE North 01 degrees 29 minutes 15 seconds West continuing with said right-of-way line,
440.48 Feet to the place of beginning and containing 37.798 acres of land, more or less.
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I-MIN-11.1-3 0 8 101
Section I — General
A. The purpose of PD7 is for a detached single-family residential development of not
more than 38 residential lots with a gross maximum density of 1.0 dwelling unit
per acre,
B. The development authorized by this ordinance shall be consistent with all
provisions and graphics contained the Concept/Development Plan, attached as
Exhibit B-1, including the clustering of residential lots as shown in said graphics.
However, where a conflict exists between the provisions of Exhibit B and Exhibit
B-1, the provisions of Exhibit B shall prevail.
C. Platting
I The developer shall submit, and receive approval for, a, preliminary site
evaluation prior to any land disturbance activities;
2. Prior to the final acceptance of public improvements, approval of private
streets and release of residential building permits, the developer shall
submit, and receive approval for, a final plat, which shall be platted as a
single phase.
3. The final plat noted above shall be recorded with the County Clerk prior to
the release of any residential building permits.
4. Prior to the approval of the preliminary site evaluation, the developer shall
submit a development agreement for final approval by the Town Council
per the requirements of the Code of Ordinances.
5. For the purpose of executing the design goals of this ordinance and all
exhibits attached herein, amended plats may be submitted as part of a
building permit application in order to perform minor adjustments to lot
boundaries as needed. The final recording of said amended plat may be
deferred to the completion of construction provided the plat is recorded
before the completion of the final inspection.
D. Permitted Uses — The following are permitted principal and accessory uses:
1. Single Family Detached Homes
2. Open Space
3. Private Streets
4. Public and Private Parks
5, Drainage facilities (including retention and detention ponds)
6. Guard house
T HOA operated amenities in compliance with all Town ordinances
8. Accessory Uses (as authorized in the Town's zoning regulations)
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E. Homeowner's Association — The development shall be governed by a
Homeowner's Association (HOA) that will be responsible for common area
maintenance, guard house and community center maintenance, private street
maintenance, front yard maintenance and enforcing the HOA Design Guidelines
for the cornmunity. The Home Owners Association shall appoint an Architectural
Review Committee that must have at least one (1) Texas Licensed Architect with
experience in applying Design Guidelines and advising an Architectural Review
Committee on matters of design.
F. Any change, reassignment, and/or transfer of ownership from the developer that is
the signatory party in the development agreement noted above to a different entity
shall require the approval of the Town Council through an amendment to the
development agreement, through a separate resolution, or as an amendment to this
ordinance.
G. The developer and homebuilder(s) of all units constructed in the development shall
operate as a single entity, with final compliance with the terms and conditions of
such commitment laid out in the Town approved Development Agreement or unless
otherwise requested by the developer and approved by the Town Manager or
designee for special conditions.
1. All plans submitted for permit within this, development shall be prepared by aTexas
Licensed Architect and contain sufficient details required to explain the full exterior
construction to a competent contractor.
Section 2 — Residential Design Standards
A. Lot and Housing Specifics: The following are the design criteria for each housing
type as described in Exhibit B- 1:
1. All single-family homes (except the Golf Villas bordering Vaquero Golf Course)
a. Housing Type: Single Family Detached-,
b. Minimum Lot Size- 1,000 square feet;
c. Minimum Lot Width at Building Line: 70 feet; which may be reduced in order
to accommodate required lot clustering;
d. Front Setback: 10 feet; or 5 feet where courtyards/motor courts are provided;
e . Side Setbacks: 0 feet; the principal structure may be located on the property
line; the total length of the building to be located on the property line shall not
exceed 20% of the average lot depth;
f. Rear Setback: 40 feet, or 0 feet abutting water features and/or open space;
g. Minimum Unit Size: 3,000 square feet;
h. Maximum Height: 35 feet from finished floor to the mid -point of the span of
the highest roof pitch.
2. Golf Course Villas
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a. Housing Type: Single Family Detached;
b. Minimum Lot Size. 1,000 square feet;
c. Minimum Lot Width at Building Line: 70 feet;
d. Front Setback: 10 feet; or 5 feet for side facing garages, courtyards and
accessory structures not utilized for storage;
e. Side Setbacks: 0 feet; the principal structure may be located on the property
line; the total length of the building to be located on the property line shall not
exceed 20% of the average lot depth;
f. Rear Setback: 40 feet;
g. Minimum Unit Size: 3,000 square feet
h. Maximum Height: 48 feet from the finished floor to the highest roof ridge.
B. Special Setback Provisions,:
Lots adjacent to Aspen Lane shall have a 40-foot minimum setback from
Aspen Lane.
3. All homes shall be setback a minimum of 120 feet from Pearson Lane
4. All homes shall be setback a minimum of 40 feet from the southern
boundary line of the development.
C. Garages: All homes shall have a minimum of four parking spaces for off-street
automobile parking in any configuration but must have a minimum of two enclosed
parking spaces and two additional off-street parking spaces. Garage doors shall be
made of sectional wood or be wood clad. Garage doors shall be recessed a minimum
of (8) eight inches (nominal) frorn the plane of the adjacent wall. Front facing
garage doors are allowed if located further back on the lot than the side -facing
garage portion and are in a motor court setting.
D. Roofs: Pen-nitted roof materials include:
I High quality clay or concrete the (with a thickness similar to clay).
(Acceptable styles and colors to be detailed in the Spencer Ranch Design
Guidelines document)
2. Metal: Traditional standing seam with standing folded and soldered seams.
Allowed for porches and architectural features only. (Acceptable styles and
colors to be detailed in the Spencer Ranch Design Guidelines document)
3. Flat or low-pitched roofing that is 2:12 pitch or less may be of any code
approved material.
E. Exterior Walls: Exterior walls shall meet the requirements of the Town's Building
Quality Manual as adopted by Resolution 18-02.
F. Design Guidelines: Prior to the approval of the: preliminary site evaluation, the
developer shall submit final design guidelines for approval by the Town Council
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that shall be recorded with the private deed covenants, conditions and restrictions.
Said guidelines shall incorporate the recommendations, contained in the Westlake
Building Quality Manual referenced above. With the exception of any guideline
provision addressing a particular architectural style, said design guidelines shall be
enforced by Town staff in reviewing building permit applications for compliance
with the provisions above. Guideline provisions to be enforced by staff include,
but may not be limited to, general building articulation, massing, fenestration, roof
slope, constructiondetails and building materials.
G. Elevation Samples: All homes and buildings constructed in this development shall
be generally consistent with the elevation samples provided in Exhibit 13.1 such
that the primary articulation elements and general layout of the home on the lot are
generally consistent with the: elevations. Provided all other provisions of this
section are met, significant deviations from these elevations may be approved
provided that both the homeowner's association and the Town Manager or designee
are in agreement.
Section 3 — Landscaping, Open Space, Water Features, Tree Preservation and Parkland
Dedication
A. Landscaping: Not later than 90 days after the approval of the preliminary site
evaluation, the developer shall submit a master landscape plan for the development
prepared by a State of Texas registered landscape architect. Said plan shall be
reviewed for final approval by the Town Manager or their designee. The plan may
be forwarded to the Town Council for final approval at the discretion of the Town
Manager. The final approved master landscape plan shall be included with the
development agreement. At a minimum the plan shall include the following,-
1 The Plan shall substantially comply with the Concept/Development Plan
(Exhibit 13-1)
2. The landscape plan shall reflect developer's efforts to comply with the
"landscape Integrity" objectives, of the Town's Comprehensive Plan and
employ predominantly those plant materials (within the planting areas that
define the cluster zones and lake edges) that are consistent with restoration
of the natural mosaic.
3. Specifics on execution of the landscaping goals stated in Exhibit 13-3
including details of planting locations and types, quantities and schedule;
4. A detailed tree survey as required by the Code of Ordinances;
5. Any replanting requirements as part of required tree mitigation;
C. Specific planting and maintenance responsibilities of the developer versus
the homebuilder mid the homeowner's association;
T Details for guest parking in the development where applicable;
8. Locations and specifications for the internal trail system
B. free Preservation — All protected trees shall require mitigation upon damage or
removal as required by the Code of Ordinances. Mitigation may be provided
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through tree plantings as shown on the landscape plan during development and/or
home building phases. Where possible, old growth trees and tree clusters should
be preserved as identified in the master landscape plan.
A minimurn of 19.1 acres (50.5%) of the development shall be reserved as
open space. All open space, including public and private, shall be
substantially consistent with Exhibit 13- 1 and shall be distributed as follows:
a. Private Open Space: 11.5 acres minimum
b. Public Open Space (parkland): 3.0 acres minimum
C. Water Areas: 4.6 acres
2. Private open space amenities shall, at a minimum, include the following:
a. Gate house — The gatehouse shall be constructed and completed by
the developer. The gatehouse design shall be consistent with the
design shown in Exhibit B-1. The gate house shall be constructed
not later than the final acceptance of public improvements for the
development. However, the gate bouse may be constructed and
occupied prior to the final acceptance of public improvements as
further detailed in the required development agreement.
D. Parkland Dedication — Parkland dedication as proposed by the developer in Exhibit
B-1 is hereby approved subject to the following conditions:
1. Parkland dedication shall be consistent with Exhibit B-1.
2. Maintenance responsibilities for the parkland shall be the responsibility of
the developer/HOA.
I Details of amenities, and final locations of parking and trails shall be
consistent with Exhibit B-1 and shall require final approval as part of the
development agreement between the applicant/developer and the Town.
4. The gatehouse, including the property upon which the gatehouse is located,
shall be owned and maintained by the HOA.
E. Water Features — Water features are a key component of the development, making
this a "Water Themed." development as called for in the Town's Comprehensive
Plan. Water features shall be constructed by the developer as part of the required
public improvements. Said features shall be located and designed as shown and
described on Exhibit B-1 and shall be maintained by the homeowners association.
Section 4 — Fencing
A. The perimeter of the development, not including the publicly owned areas, along
Aspen Lane, Pearson Lane and the southern boundary of the development shall
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contain decorative iron fencing located in a manner substantially consistent with
the Concept/Development Plan (Exhibit 13-1) and which preserves the sense of
"open ground plane" as described in the Town's Comprehensive Plan by the use of
decorative iron fencing with masonry columns. Brick is not a permitted material.
Masonry wall sections shall be permitted as depicted in Exhibit B- I for the purpose
of providing aesthetic accents, privacy, and/or shield undesirable vehicle light
transmission as determined in the master landscape plan.
C. Individual property fences shall be minimalized in order to preserve the open
ground plane and permitted for privacy needs, screening, and/or dog runs in ways
that are consistent with HOA guidelines which must prevent isolation of the "lot"
from the general ground plane. Individual lot fencing materials shall be established
in the required architectural design guidelines.
Section 5 — Streets, sidewalks/trails, parking and access
A. Streets, — A Specific Use Permit (SUP) is hereby granted for all community streets
within PD7, which shall be private and constructed to Town standards. Street
lighting shall be located at all corners and intersections. Lights shall be low
pedestal type fixtures that comply with Town standards and Comprehensive Plan
recommendations as well as follow the Tow ifs low intensity lighting standards.
B. Trails — An internal trail/sidewalk system shall be constructed and shall connect to
the public trail system at access -controlled locations. The final location and details
of the internal trail system shall be included with the required landscape plan. The
public trail shall comply with all Town requirements and shall be generally located
as shown in concept/development plan and shall be constructed by the developer as
part of the required public improvements. Trail amenities shall at a minimum
include the amenities proposed by the developer.
C. Parking — Adequate guest parking, trailhead and park parking, and parking for the
proposed private amenities shall be shown on the master landscape plan with
maintenance responsibilities home by the homeowner's association as described in
the required development agreement.
E. Access — Street access to the development from Pearson Lane shall require written
final approval from the City of Keller.
F. Cluster mailboxes — Prior to installation, the final design, location and size of any
cluster mailboxes as required by the United States Postal Service shall be submitted
to the Town Manager or designee for review. Upon review, the Town Manager or
designee may approve or deny said design, location and size. If denied, the
developer may appeal the decision of the Town Manager or designee to the Town
Council provided the written appeal is received not later than 30 days from the
formal notice of denial.
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G. Prior to the final acceptance of public improvements, the developer shall install
intersection illumination improvements to the intersection of Aspen Lane and
Pearson Lane such that the nighttime visibility of the intersection is improved. Said
illumination improvements shall be detailed as part of the development agreement
and shall require the final approval of the town manager or designee.
Section 6 — Utilities, Drainage and Grading
A. Public Utilities — Water and sewer service shall be provided by the Town of
Westlake to this development. The developer shall, at their cost, construct all
necessary water and sewer system improvements per Town standards and shall
secure any necessary easements.
B. Duct Badk - A Duct Bank system shall be installed by the Developer throughout
the subdivision as required by Town ordinances. The Duct Bank shall be located
within a utility easement, the final details of which shall be determined by the Town
Manager or designee. The home builder shall tie into the Duct Bank prior to the
Final Inspection for the home.
C. Stormwater — Stormwater facilities shall be installed by the developer and employ
facilities that are recommended by the comprehensive plan. Final location and
design of said facilities shall require the final approval of the: Town Manager or
designee.
D. Lot Grading — Grading and disturbance of land by the developer shall be restricted
to areas necessary to construct streets, public infrastructure, development
amenities, and approved water features.The pre -grading of individual residential
lots by the developer for the purpose of creating a residential pad is hereby
prohibited.
Section 7 — Public Art and Town Entry Marker/Monument
A. As part of the development agreement noted above, the developer agrees to submit
a public art plan shall be approved by the Town Manager or designee and that
generally conforms to the public art provisions contained in Exhibit B-3 as
proposed by the developer. A Town of Westlake entry marker or monument shall
be included in this plan.
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