HomeMy WebLinkAboutOrd 322 Amending the Zoning for property located in Planned Development PD 3-8 ORDINANCE NO. 322
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, TO ADD PERMITTED
AND ACCESSORY USES TO "TRACT 8-3", AN APPROXIMATE 41.281-ACRE
TRACT OF LAND WITHIN PLANNED DEVELOPMENT ZONING DISTRICT
PD 3-8; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING
MAP; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN
EFFECTIVE DATE.
WHEREAS, on the 14`t day of September, 1998, the Board of Aldermen adopted
Ordinance No. 314 rezoning an approximate 222.6-acre tract of land to a Planned
Development District known as "PD 3-8" and authorizing office, office/industrial, and
retail uses; and
WHEREAS, AIL Investments, L.P., as owner of the approximate 222.6-acre tract
of land has submitted an application to amend PD 3-8 to allow additional uses and
accessory uses on an approximate 41.281-acre tract of land only, known as Tract 8-3
within PD 3-8; and
WHEREAS, the Planning and Zoning Commission ("Commission") and the
Board of Aldermen ("Board") of the Town of Westlake held public hearings upon the
application of AIL Investments, L.P. to amend the permitted and accessory uses for Tract
8-3 only within PD 3-8, after written notice of such hearing had been sent to owners of
real property within 200 feet of the property and notice was 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 additional
permitted and accessory uses on Tract 8-3 within PD 3-8 be approved; and
WHEREAS; the Board believes that the interests of the Town, the present and
future residents and citizens of the Town , and developers within the Town are best
served by adopting this Ordinance, which the Board has determined to be consistent with
the 1992 Comprehensive Plan, Thoroughfare Plan, and Open Space Plan, all as amended.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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, Ordinance No. 200, as amended by Ordinance No. 314, is hereby
further amended by this Ordinance by authorizing the permitted, accessory, and special
use permitted uses as set out in Exhibit 1 attached hereto by reference for all purposes
Ordinance No. 322
Page 2
only within the property known as Tract 8-3, an approximate 41.281-acre tract of land
within Planned Development District PD 3-8, which is more fully described in Exhibit 2
attached hereto by reference for all purposes.
SECTION 3: Upon the adoption of this Ordinance, the Town secretary shall
promptly enter a notation on the Town's Official Zoning Map that PD No. 3-8 is
amended for this tract of land, and the Ordinance Number and date that this Ordinance
was adopted by the Board.
SECTION 4: 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 Alden-nen of the Town of Westlake without the
incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
PASSED AND APPROVED by the Board of Aldermen of the Town of
Westlake, Texas, on this the 14`x' day of December, 1998.
ATTEST: Scott Bradley, Mayor
tinge rosswy, Town, Secr
APPROVED AS TO FORM:
aul C. Isham, Town Attorney
LEGAL DESCRIPTION
BEING a tract of land situated in the William Huff Survey,Abstract Number 648, Town of Westlake,
Tarrant County, Texas and being a portion of that tract of land conveyed to Lakeway Land Ltd.,Et al,
recorded in Volume 12625,Page 504 of Deed records,Tarrant County, Texas and being more
particularly described by metes and bound as follows:
COMMENCING at the intersection of the southerly right-of-way line of State Highway 170 (a variable
width right-of-way)with the easterly right-of-way line of U.S. Highway 377 (a variable width right-of-
way);
THENCE along the easterly right-of-way of said U.S.Highway 377 the following courses and distances:
S 29"14'08"W, 263.27 feet;
S 32`1730"W, 304.38 feet;
S 36 033'35"W, 266.28 feet to a 518 inch iron rod with cap stamped"Carter&Burgess" set, at the
POINT OF BEGINNING;
THENCE S 53°27'27"E, 36.51 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess",
set, at the beginning of a curve to the left;
THENCE with said curve to the left, an are distance of 543.30 feet,through a central angle of 51°52"52",
having a radius of 600.00 feet,the long chord of which bears S 79°23'53"E5 524.93 feet,to a 5/8 inch
iron rod with plastic cap stamped"Carter&Burgess", set;
THENCE N 74 039'41"E, 487.80 feet,to a 5/8 inch iron rod with plastic cap stamped"Carter&
Burgess", set;
THENCE S 03"11'16"E, 122.59 feet,to a 518 inch iron rod with plastic cap stamped "Carter&Burgess",
set at the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 396.18 feet,through a central angle of 35'28'06",
having a radius of 640.00 feet,the long chord of which bears S 20'55'19"E, 389.89 feet,to a 5/8 inch
iron rod with plastic cap stamped"Carter&Burgess", set;
THENCE S 38 039'23"E, 60.12 feet,to a 518 inch iron rod with plastic cap stamped "Carter&Burgess",
set at the beginning of a curve to the left;
THENCE with said curve to the left, an arc distance of 77.58 feet,through a central angle of 88'54'11
having a radius of 50.00 feet,the long chord of which bears S 05'47'42"W, 70.03 feet,to a 5/8 inch iron
rod with plastic cap stamped "Carter&Burgess", set at the beginning of a curve to the left;
THENCE with said curve to the left, an are distance of 247.78 feet,through a central angle of 05'56'24",
C&B Job No. 981500210
S#CTR December 29, 1998
J:\JOB\98150021\SUR\WP\LEG\50OV21CP.LEG Page 1 of 2
having a radius of 2390.00 feet,the long chord of which bears S 47'16'36"W, 247.67 feet,to a 5/8 inch
iron rod with plastic cap stamped"Carter&Burgess", set;
THENCE S 44"18'24"W, 416.93 feet,to a 518 inch iron rod with plastic cap stamped "Carter&
Burgess", set, at the beginning of a curve to the right;
THENCE with said curve to the right, an arc distance of 1549.49 feet through a central angle of
77'52'36", having a radius of 1140.00 feet,the long chord of which bears S 83'14'42"W, 1432.94 feet,
to a 5/8 inch iron rod with plastic cap stamped"Carter&Burgess", set;
THENCE N 57049'00"W,93.96 feet,to a 518 inch iron rod with plastic cap stamped"Carter&Burgess",
set;
THENCE N 12°06'29"W,90.81 feet,to a 5/8 inch iron rod with plastic cap stamped "Carter&Burgess",
set, in aforementioned easterly right-of-way of U.S.Highway 377, at the beginning of a non-tangent
curve to the right;
THENCE with said non-tangent curve to the right, an arc distance of 160.41 feet,through a central angle
of 02°27'16", having a radius of 3744.72 feet,the long chord of which bears N 35'18'54"E, 160.40 feet,
to a 518 inch iron rod with plastic cap stamped"Carter&Burgess", set;
THENCE N 36 032'32"E, 1192.06 feet,with said easterly right-of-way,to the Point of Beginning and
containing 1,798,200 square feet or 41.281 acres of land more or less.
C&B Job No. 981500210
S#CTR December 29, 1998
J:1JOB1981500211SUR1WP1LEG1500V21CP.LEG Page 2 of 2
1717 Main Street
Suite 2800
Dallas,Texas
HUGHES & LUCE,L.L.P. 5201
214/939--5500
214 1 939-6100(fax) 214/939-5849(pc fax)
www.hughesluce.com
Attorneys and Counselors
December 2, 1998
Other Offices
Writer's Direct Dial Number Interact Address Austin
214/939-5462 venturtn@hughesluce.com Houston
Town of Westl Via Hand Delivery
c/o Paul G. am
Town orney
140 Abram, Suite 209
ington, Texas 76013
Re: Application for Zoning Change to PD 3-8, Westlake, Texas
Dear Mr. Isham:
An Application for Zoning Change (the "Application") to PD 3-8, Westlake, Texas, was
submitted to Ginger Crosswy at the Westlake Town Hall on or about November 17, 1998.
Attached to the Application was a Proposed Amended Land Use Schedule (the "Proposed
Schedule"). We have made a few minor changes to the Proposed Schedule (the "Revised
Schedule"). Please find enclosed the Revised Schedule. Also enclosed is a red-line draft of the
Revised Schedule, marked to show changes from the Proposed Schedule.
I am sending these documents to your attention because it is my understanding that the
Westlake Town Hall is closed until Monday, December 7, 1998. Consequently, I am unable to
deliver these documents to Ginger. If you require more information or additional copies of the
Revised Schedule, please contact me.
Sincerely,
�'!
Misty M. entura
cc: Xinger Crosswy(w/encls. - via U.S. Mail)
Terry Morgan(w/o encls. - via fax)
Bill Resch(w/o encls. -via fax)
Ike Shupe (w/o encls.)
A Registered Limited Liability Partnership Including Professional Corporations
007510.00019:0396981.01
PROPOSED AMENDED LAND USE SCHEDULE
CIRCLE T PLANNING AREA S -WEST COMMERCIAL
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP Rem` offiw omtnd wbric
use
_..................................................... .................
Orchard X X X X
Plant Nursery(Growing) X X X X
Plank Nursery(Retail Sales) X X X
Farms General(Crops) X X X X
Farms General(Livestock,Ranch) X X X X
Veterinarian(Jndoor Kennels) X
Veterinarian(Outdoor Kennels)
Stables(Private Use) S
Stables(As a Business) S
TtlST1J ]Clt4 >ETIaS` .... ..::...... ..
Single Family Detached
Single Family Zero Lot Line
Single Family Attached
Duplex
Home Occupation
Servants/Caretakers Quarters A A
Temporary Accommodation for A A
Employees/Customers/Visitors
Swimming Pool(Private) Aq
Detached Garage(Private)
Spori/Tennis Courts(Private) A7
�rOYLRI'?MEiYTiALr.1JSE.i. ..
Emergency Ambulance Service x Xr
Post Office(Governmental) X X
Mailing Service(Private) X X
Heliport A2
HelistopfVerti-stop X X
Telephone,Electric,Cable,and Fiber X X X
Optic Switching Station
Electrical Substation S S S
Utility Distribution Lmes4 X X X
Utility Shop and Storage S S S
Water and Sewage Pumping Station X X X
(below grade)
Water and Sewage Pumping Station X X S
(above grade)
November 16, 1998 PA 8 -West Commercial Page 3
007510.00019:0392902.04
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP RetaiY office I oPptnd Pub&
Use
Water Storage Tank and Pumping System X X S
(Elevated or Above Grade)
Water,Sewer,Electric,and Gas Meters X X X
Electric Transformers X X X
Private Streets/Alleys/Drives X X X X
Retirement Home X X
Nursing/Convalescent Home X
Hospice X X
Hospitals X X
Psychiatric Hospital X X
Cline X X x
Child Daycare(Public,7 or more) X X X
Child Daycare(Private;7 or more) A
School,K-12(Public or Private) S S S
School(Vocational) X X X
College or University X X X
Community Center(Public) X X x
Civic Club X X X
Church or Place of Worship X X X
Use Associated to a Religious Inst. X x X
Government Building X X X X
Police Station X X X X
Fire Station x x X X
Library X X X X
Data Center
............................................................................................. ................... ......................................
.....
411lIML'RIAhU _.
Multifamily(Apartments)
Offices(General)s X X X
Studio X x X
Banks and Financial Institutiom X X X
Information Processing X X
Hotel/Motel X X X
Hotel/Motel with Conferencing Facility X X X
Laundry/Dry Cleaning.(<3,000 S.F.) X A
Laundry/Dry Cleaning(Drop/Pick) X A
Shoe Repair X A A
Beauty Parlor/Barbershop X Az
Clothing Store X A�
Quick Copy/Duplicating Services x A X
Personal Services X X X
Liquor Store x
Micro-brewery and Wine Production and X
Sales(630,000 S.F.)
November 16, 1998 PA 8-West Commercial Page 4
007510.00019:0392902.04
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP lac, 00nd 11*10
Use
Grocery X A2
Convenience Store X A
Service Station X
Drug Store X A
Variety store X Az
Bakery Sales X A�
Stationery and/or Book Store X A2
Antique Shop X
Art Gallery/Museums X Ax
Hardware Store X
Sporting Goods X
Paint and Wallpaper X
Cloth Store X
Retail Stores-General X AZ
(Lxcluding Second Hand Goods)
Restaurant,Cafe or Dining Facility X A A
Auto/Track Parts and Accessories S
Household Furniture/Appliances X
(including Sales and Service)
Farmer's Market X
Feed Store X
Parking Structure A A A
Cafeteria(Private) A X
Job Printing,Lithography,Printing,or X X X
Blueprinting
VehicIe Display and Sales(inside)
Medical Laboratory A3
R&D Laboratory A�
Conference Center AZ
Live Theater X X X
Motion Picture Theater X
Custom Business Services
Electronic Appliances Store and Computer
Sales and Service
Tavern,Bar or Lounge
Dance Halls/Nightclubs
Al4IiTSEMENT/RECREATION
Golf Course(Public or Private) x X X
Park or Playground(Public or Private) X X X
Satellite Dish X X X
Non-Commercial Radio Tower S S S
Race Track Operation S S
Recreation Facility,Health Studio X X X
(Public)
November 16, 1998 PA 8 -West Commercial Page 5
007510.00019:0392902.04
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP putaq, Orrice OWW Public
Use
Country Club(Private Membership) x x x
Goff Clubhouse(Public or Private) x x
Conunurdty Center(Private)
Recreation Center(Private) x x
Hike,Bike,and Equestrian Trails(Public x x x x
or Private)
Golf Maintenance Facility
Golf Pro Shop
Health/Spa Facilities(Private) x x x
Athletic Fields(Unlighted,Private) Az
Athletic Courts(Private) A
Equestrian Center
Athletic Courts(Public) A
Commercial Amusement(Inside)
Lake Cruise/Water Taxi
..... ... ............ . .............
MV ......
A 0'$
................—
Truck/Trailer Rental
Auto Body Repair 8 S
Auto Mechanical Repair S S
Quick Lube/Oil Change S S
Vehicle Maintenance(Private) S S
Vehicle Fueling(Private)
.................... . . ..............
..... ......
.. . .......... .
... ...........
.........................
............I......................
Warehouse/Storage(Inside) x
Warehouse/Storage(Outside) S
Scrap/Waste Recycling Collection and/or
Storage
Gas/Chemical Bulk Storage AZ S
Light Manufacturing/Assembly x
Apparel Manufacturing x
Packaging and/or Distribution x
Printing,Engraving and related x
Reproductive Services
Distribution of Books/Other Printed x
Material
Machine Shop S
Welding Shop S
Temporary Batching Plant S 8 S S
Temporary Construction Office )e )e
Temporary Construction Materials )C x7 )r
Storage
Temporary Sales Office S S
November 16, 1998 PA 8-West Commercial Page 6
007510.00019:0392902.04
NOTES:
1. Individual retail occupants(except grocery store and drug store) cannot exceed 25,000 square feet.
2. Limited to an accessory use to the"hospital' or"clinic"permitted uses.
3. Limited to a permitted use in Tract 8-3 only.
4. Including water,sewer,electric, gas,cable,telephone,fiber optic, and other public and private utility
distribution lines.
5. Includes emergency clinic and medical clinic.
6. Includes medical office and medical treatment.
7. Limited to period of construction..
November 16, 1998 PA 8 -West Commercial Page 7
007510.00019:0392902.04
This redlined draft, generated by CompareRite - The Instant Redliner, shows the differences
between-
original document : G:IDATAIDALLASIVENTURM10392902.03
and revised document: C:IDOCSIVENTLFRM10392942.04
CompareRite found 9 change(s) in the text
Deletions appear as overstruck text
Additions appear as double underlined text
November 16, 1998 PA 8 -West Commercial Page 8
007510.00019:0392902.IdED
PROPOSED AMENDED LAND USE SCHEDULE
CIRCLE T PLANNING AREA 8 -WEST COMMERCIAL
PERMITTED USES SUB-AREAS
X=Pernittcd,A=Acccssory Use,S=SUP P--tal office OfVInd Public
Use
q;;WX
.........................
. ................
.................. ........... ... ......
...........
Orchard X X X X
Plant Nursery(Growing) X X X X
Plant Nursery(Retail Sales) X X X
Farms General(Crops) X X X X
Farms.General(Livestock,Ranch) X X X X
Veterinarian(Indoor Kennels) X
Veterinarian(Outdoor Kennels)
Stables(Private Use) S
Stables(As a Business) s
ItSIDKT.................................... ..............
..............
..................................
....... .................
........... ........ ......— ... 7Y
................I .1: .� ....
................ . ....... ............ .......
.�.I....�..I....I...................
Single Family Detached
Single Family Zero Lot Line
Single Family Attached
Duplex
Home Occupation
Servants/Caretakers Quarters A A
Temporary Accommodation for A A
Employees/CustornersArisitors
Swimming Pool(Private) Az
Detached Garage(Private)
SportiTennis Courts(Private) Al
.................. ............ ..............
.......... ........
. . .......... .......
GOVk ...........
m mbn .
Emergency Ambulance Service X )0
Post Office(Governmental) X X
Mailing Service(Private) X X
Heliport A,
HelistopfVerti-stop X X
Telephone,Electric,Cable,and Fiber X X X
Optic Switching Station
Electrical Substation S S S
Utility Distribution Lines° X X X
Utility Shop and Storage 8 1 S S
Water and Sewage Pumping Station X X X
(below grade)
Water and Sewage Pumping Station X X S
(above grade)
November 16, 1998 PA 8 -West Commercial Page 3
007510.00019:0392902.RED
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP Ma' Office affrind Public
use
Water Storage Tank and Pumping System X X S
(Elevated or Above Grade)
Water,Sewer,Electric,and Gas Meters X X X
Electric Transformers X X X
Private Streets/Alleys/Drives X X X X
Retirement Home X X
Nursing/Convalescent Home X
Hospice X X
os i s X X
Psychiatric Hospital X X
Glifl; Qjju'c6 X X X
Child Daycare(Public;7 or mare) X X X
Child Daycare(Private;7 or more) A
School,K-12(Public or Private) S S S
School(Vocational) X X X
College or University X X X
Community Center(Public) X X X
Civic Club X X X
Church or Place of Worship X X X
Use Associated to a Religious Inst. X X X
Government Building X X X X
Police Station X X X X
Fire Station X X X X
Library X X X X
Data Center
CQ 41MEItCI;4i USES '; . . ..
Multifamily(Apartments)
Offices(Ge Ge a S X X X
Studio X X X
Banks and Financial Institutions X X X
Information Processing X X
Hotel/Motel X X X
Hotel/Motel with Conferencing Facility X X X
Laundry/Dry Cleaning(<3,000 S.F.) X A
Laundry/Dry Cleaning(Drop/Pick) x A
Shoe Repair X A A
Beauty Parlor/Barbershop X A2
Clothing Store X AZ
Quick Copy/Duplicating Services }; A X
Personal Services X X X
Liquor Store X
Micro-brewery and Wine Production and X
Sales(<30,000 S.F_)
November 16, 1998 PA 8-West Commercial Page 4
007510.00019:0392902.RED
PERMITTED USES SUB-AREAS
X=Permitted,A=Accessory Use,S=SUP Re b' oei« ®fi7Lrd Publio
/' „�cery,.�� Use
Grocery X A2
Convenience Store X A
Service Station X
Drug Store X A
Variety Store X A2
Bakery Sales X A2
Stationery and/or Book Store X Az
Antique Shop X
Art Gallery/Museums X A2
Hardware Store X
Sporting Goods X
Paint and Wallpaper X
Cloth Store X
Retail Stores-General X A'
(Excluding Second Hand Goods)
Restaurant,Cafe or Dining Facility X A A
Auto/Truck Parts and Accessories S
Household Furniture/Appliances X
(including Sales and Service)
Farmer's Market X
Feed Store x
Parking Structure A A A
Cafeteria(Private) A X
Job Printing,Lithography,Printing,or X X X
Blueprinting
Vehicle Display and Sales(inside)
Medical Laboratory A2
R&D Laboratory Ax
Conference Center A2
V Live Theater X X X5 21
Motion Picture Theater X
Custom Business Services
Electronic Appliances Store and Computer
Sales and Service
Tavern,Bar or Lounge
Dance Halls/Nightcluhs
AMUSEMENT/REt,.IM,XrI011
Golf Course(Public or Private) X X X
Park or Playground(Public or Private) X X X
Satellite Dish X X X
Non-Commercial.Radio Tower S S S
Race Track Operation S S
Recreation Facility,Health Studio x X X
(Public)
November 16, 1998 PA 8 -West Commercial Page 5
007510.00019:03 92902.RED
PERMITTED USES SUB-AREAS
X=Permitt4 A=Accessory Use,S=SUP Retail' Mee Oflnnd Public
use
Country Club(Private Membership) x x x
Golf Clubhouse(Public or Private) x x
Community Center(Private)
Recreation Center(Private) x x
Hike,Bike,and Equestrian Trails(Public x x x x
or Private)
Golf Maintenance Facility
Golf Pro Shop
Health/Spa Facilities(Private) x x x
Alliletic.Fields(Unlighted;Private) A2
Athletic Courts(Private) A
Equestrian Center
Athletic Courts(Public) A
Commercial Amusement(Inside)
Lake Cruise/Water Tam
:A UTO So— ............... ......
..... ...................
Truck/Trailer Rental
Auto Body Repair
Auto Mechanical Repair
Quick Lube/Oil.Change
Vehicle Maintenance(Private) S S
Vehicle Fueling(Private)
.......................... ..............
OL ......
........................... .......... .... ............... ................ .........
Warehouse/Storage(Inside) x
Warehouse/Storage(Outside) S
ScrapfWaste Recycling Collection and/or S
Storage
Gas/Chemical Bulk Storage A z S
Light Manufacturing/Assembly x
Apparel Manufacturing x
Packaging and/or Distribution x
Printing,Engraving and related x
Reproductive Services
Distribution of Books/Other Printed x
Material
Machine Shop S
Welding Shop S
Temporary Batching Plant S S S S
V/ Temporary Construction Office X5 2C 2?
X4
Temporary Construction Materials verve 2C
Storage x3 X5
November 16, 1998 PA 8 -West Commercial Page 6
007510.00019:0392902.RED
PERMITTED USES SUB-AREAS
X=Permitted,A=Acc=oiry Use,S=SUP Retail" Office OXM public
Use
Temporary Sales Office s s
NOTES:
1. Individual retail occupants(except grocery store and drug store)cannot exceed 25,000 square feet.
2. Limited to an accessory use to the"hospital' or""clinic"permitted use Vises.
3. Limited to a permitted use in Tract 8-3 only.
4. Including water, sewer,electric,gas,cable,telephone,fiber optic,and other public and private utility
distribution lines.
5,.__jncludp"mergencXgl and medical clinic„
6. Includes medical office and medical treatmen.
7. Limited to period of construction.
November 16, 1998 PA 8-West Commercial Page 7
007510.00 019:03 92902.RED