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Home My WebLink About12-10-12 TC Agenda Packet Amended Mission Statement On behalf of the citizens, the mission of the Town of Westlake is to be a one-of-a-kind community that blends our rural atmosphere with our vibrant culture and metropolitan location. Westlake, Texas – A Premier Knowledge Based Community Page 1 of 4 TOWN OF WESTLAKE, TEXAS Vision Points Sense of Place; Leadership; Caring Community; Exemplary Governance; and Service Excellence TOWN COUNCIL MEETING AMENDED AGENDA December 10, 2012 WESTLAKE TOWN HALL 3 VILLAGE CIRCLE, 2ND FLOOR WESTLAKE, TX 76262 COUNCIL CHAMBERS or MUNICIPAL CONFERENCE ROOM Workshop Session: 6:30 p.m. Regular Session 7:00 p.m. Page 2 of 4 Workshop Session 1. CALL TO ORDER 2. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake 3. RECONVENE MEETING 4. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 5. ADJOURNMENT Regular Session 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. 4. CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on November 12, 2012. b. Consider Resolution 12-38, Authorizing the Town Manager to execute an Interlocal Agreement with the City of Roanoke and Town of Trophy Club regarding State Highways 114 and 170 interchange improvements. Page 3 of 4 c. Consider Resolution 12-39, Agreement with TxDOT for painting of Hwy 170 / Hwy 114 interchange. d. Consider Resolution 12-40, Providing for Legislative Agenda Guidelines and Statements of Support Relative to the 83rd Legislative Session. 5. PUBLIC HEARING AND CONSIDERATION ORDINANCE 689, TO AMEND THE COMPREHENSIVE PLAN CREATING A GAS TRANSMISSION LINE CORRIDOR. 6. PRESENTATION, DISCUSSION, AND PUBLIC HEARING REGARDING ORDINANCE 690, TO AMENDING THE COMPREHENSIVE PLAN “LAND USE MAP”. NO COUNCIL ACTION WILL BE TAKEN ON THIS ITEM. 7. PRESENTATION, DISCUSSION, AND PUBLIC HEARING REGARDING ORDINANCE 691, AMENDING THE PD1 ZONING DISTRICT BY CREATING THREE PLANNING AREAS, PD1-1, PD1-2, AND PD1-3 AND AMENDING THE MINIMUM LOT SIZE AND SETBACKS FOR EXISTING BUILDINGS TO FACILITATE THE RE-PLATTING OF LOTS TO ACCOMMODATE INDIVIDUAL OWNERSHIP OF BUILDINGS AND PROPERTY WITHIN THE EXISTING OFFICE PARK. NO COUNCIL ACTION WILL BE TAKEN ON THIS ITEM. 8. PRESENTATION, DISCUSSION, AND PUBLIC HEARING REGARDING ORDINANCE 692 FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-2 (PD1-2) INCLUDING DEVELOPMENT GUIDELINES, DESIGN STANDARDS, ROADWAY DESIGN STANDARDS, RESIDENTIAL DEVELOPMENT STANDARDS, SIGNAGE STANDARDS, AND THE CONCEPT PLAN WITH PHASING IDENTIFIED FOR PD1-2 TO ALLOW FOR A MIXED USE “VILLAGE” PLANNED DEVELOPMENT ON AN 85 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND SOLANA BOULEVARD. NO COUNCIL ACTION WILL BE TAKEN ON THIS ITEM. 9. PRESENTATION, DISCUSSION, AND PUBLIC HEARING REGARDING ORDINANCE 693, FOR APPROVAL OF AN ORDINANCE AMENDING THE PERMITTED USES AND DEVELOPMENT REGULATIONS OF PLANNING DISTRICT 1-3 (PD1-3) INCLUDING PERMITTED USE REGULATIONS AND RESIDENTIAL DEVELOPMENT STANDARDS INCLUDING HEIGHT, LOT SIZE, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, LANDSCAPING, DRAINAGE, CONCEPT PLAN, AND OTHER DEVELOPMENT STANDARDS FOR SAID PD1-3 TO ALLOW FOR A SINGLE-FAMILY RESIDENTIAL DEVELOPMENT ON AN 84 ACRE (APPROX.) TRACT LOCATED AT THE NORTHEAST CORNER OF FM 1938 (DAVIS BLVD) AND DOVE ROAD. NO COUNCIL ACTION WILL BE TAKEN ON THIS ITEM. 10. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Page 4 of 4 a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake 11. RECONVENE MEETING 12. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. 13. FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. 14. STRATEGIC ISSUES CALENDAR 15. COUNCIL CALENDAR 16. ADJOURNMENT ANY ITEM ON THIS POSTED AGENDA COULD BE DISCUSSED IN EXECUTIVE SESSION AS LONG AS IT IS WITHIN ONE OF THE PERMITTED CATEGORIES UNDER SECTIONS 551.071 THROUGH 551.076 AND SECTION 551.087 OF THE TEXAS GOVERNMENT CODE. CERTIFICATION I certify that the above notice was posted at the Town Hall of the Town of Westlake, 3 Village Circle, December 6, 2012, by 5:00 p.m. under the Open Meetings Act, Chapter 551 of the Texas Government Code. _____________________________________ Kelly Edwards, TRMC, Town Secretary If you plan to attend this public meeting and have a disability that requires special needs, please advise the Town Secretary 48 hours in advance at 817-490-5710 and reasonable accommodations will be made to assist you. EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake Town of Westlake Item # 2 – Executive Session Town of Westlake Item # 3 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake Town of Westlake Item # 4 – Take any Necessary Action, if necessary Town of Westlake Item # 5 – Workshop Adjournment Back up material has not been provided for this item. Town of Westlake Item # 2 – Pledge of Allegiance Texas Pledge: "Honor the Texas flag; I pledge allegiance to thee, Texas, one state under God, one and indivisible." CITIZEN PRESENTATIONS AND RECOGNITIONS: This is an opportunity for citizens to address the Council on any matter whether or not it is posted on the agenda. The Council cannot by law take action nor have any discussion or deliberations on any presentation made to the Council at this time concerning an item not listed on the agenda. The Council will receive the information, ask staff to review the matter, or an item may be noticed on a future agenda for deliberation or action. Town of Westlake Item # 3 – Citizen’s Presentations and recognitions CONSENT AGENDA: All items listed below are considered routine by the Town Council and will be enacted with one motion. There will be no separate discussion of items unless a Council Member or citizen so requests, in which event the item will be removed from the general order of business and considered in its normal sequence. a. Consider approval of the minutes from the meeting held on November 12, 2012. b. Consider Resolution 12-38, Authorizing the Town Manager to execute an Interlocal Agreement with the City of Roanoke and Town of Trophy Club regarding State Highways 114 and 170 interchange improvements. c. Consider Resolution 12-39, Agreement with TxDOT for painting of Hwy 170 / Hwy 114 interchange. d. Consider Resolution 12-40, Providing for Legislative Agenda Guidelines and Statements of Support Relative to The 83rd Legislative Session. Town of Westlake Item # 4 - Consent Agenda Items Town Council Minutes 11/12/12 Page 1 of 4 MINUTES OF THE TOWN OF WESTLAKE, TEXAS TOWN COUNCIL MEETING November 12, 2012 PRESENT: Mayor Laura Wheat and Council Members, Michael Barrett, Clif Cox, and David Levitan. ABSENT: Carol Langdon and Rick Rennhack OTHERS PRESENT: Town Manager Tom Brymer, Town Secretary Kelly Edwards, Assistant to the Town Manager Amanda DeGan, Town Attorney Stan Lowry, Finance Director Debbie Piper, Planning and Development Director Eddie Edwards, Facilities and Recreation Director Troy Meyer, Communications & Community Affairs Director Ginger Awtry, Public Works Director Jarrod Greenwood, Fire Chief Richard Whitten, Human Resources and Administrative Services Director Todd Wood and Management Intern Alora Wachholz. Workshop Session 1. CALL TO ORDER Mayor Wheat called the workshop to order at 5:03 p.m. 2. PLEDGE OF ALLEGIANCE Mayor Wheat led the pledge of allegiance to the United States and Texas flags. 3. DISCUSS AND REVIEW OF CONSENT AGENDA ITEMS FROM NOVEMBER 12, 2012, REGULAR MEETING. No additional discussion. Town Council Minutes 11/12/12 Page 2 of 4 4. REPORTS a. Report on State Highway 170/NTTA Project. Town Manager Brymer stated that the City of Roanoke has asked NTTA to review the Main Street/Ottinger Road intersection alignment with State Highway 170. 5. DISCUSSION ITEMS a. Discussion on cross training and shared services methodology. Assistant to the Town Manager DeGan and Todd provided an overview and presentation regarding the shared service methodology. b. Discuss future staffing needs plan with a 5-year forecast. Human Resources and Administrative Services Director Wood provided an overview of the 5-year forecast staffing plan. c. Discussion regarding the Stagecoach Hills pavement repair. Public Works Director Greenwood provided a presentation and overview of the pavement conditions and recommendations outlined by the engineer. Director Greenwood introduced Brian Avirett, Graham Associates. Discussion ensued regarding additional municipalities that have experienced street cracking due to the drought conditions, the material used for the project, the cost of repairs, land the life spans of asphalt and concrete streets. 6. COUNCIL RECAP / STAFF DIRECTION No additional direction was provided. 7. ADJOURNMENT There being no further business before the Council, Mayor Wheat adjourned the workshop at 6:08 p.m. Town Council Minutes 11/12/12 Page 3 of 4 Regular Session 1. CALL TO ORDER Mayor Wheat called the meeting to order at 6:30 p.m. 2. CITIZEN PRESENTATIONS AND RECOGNITIONS No one addressed the Council. 3. CONSENT AGENDA a. Consider approval of the minutes from the meeting held on October 19, 2012. b. Consider approval of the minutes from the meeting held on October 22, 2012. c. Consider approval of Resolution 12-34, Authorizing the Town Manager to Execute a Contract with Graham Associates for Engineering Design and Contract Management Services for a 1Million Ground Storage Tank. d. Consider approval of Resolution 12-35, Expressing Official Intent to Reimburse Project Costs Related to Construction of a Ground Storage Tank. e. Consider approval of Resolution 12-36, Establishing Regular Meeting Dates and Procedures; Setting the 2013 Meeting Dates of the Town Council; and Declaring an Effective Date. f. Consider approval of Resolution 12-37, Adopting the Westlake Academy Master Facility Plan. MOTION: Council Member Cox made a motion to approve the consent agenda. Council Member Barrett seconded the motion. The motion carried by a vote of 3-0. 4. EXECUTIVE SESSION The Council convened into executive session at 6:31 p.m. The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: a. Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. b. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake Town Council Minutes 11/12/12 Page 4 of 4 5. RECONVENE MEETING Mayor Wheat reconvened the meeting at 7:27 p.m. 6. TAKE ANY ACTION, IF NEEDED, FROM EXECUTIVE SESSION ITEMS. - No Action Taken 7. FUTURE AGENDA ITEMS - None 8. STRATEGIC ISSUES CALENDAR 9. COUNCIL CALENDAR 10. ADJOURNMENT There being no further business before the Council, Mayor Wheat asked for a motion to adjourn the meeting. MOTION: Council Member Levitan made a motion to adjourn the meeting. Council Member Cox seconded the motion. The motion carried by a vote of 3-0. Mayor Wheat adjourned the meeting at 7:28 p.m. APPROVED BY THE TOWN COUNCIL ON DECEMBER 10, 2012. ATTEST: _____________________________ Laura Wheat, Mayor _____________________________ Kelly Edwards, Town Secretary Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Consider a resolution authorizing the Town Manager to execute an Interlocal Agreement with Trophy Club and Roanoke for reimbursement of the SH 114/170 interchange painting enhancements. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 April 1, 2013 Estimated time of TxDOT contract Funding: Amount - $149,621.90 Status- Funded Source- Contributions/Grants Decision Alignment , VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Capital Investment 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of SA 06.1: Seek Partnerships Page 2 of 3 innovative inter- governmental agreements. Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The SH 114/170 interchange project has progressed to a point that the contractor will begin painting the newly constructed retaining walls, overpasses, and concrete rails. In addition to these items, Town staff has been in discussions with the City of Roanoke and Town of Trophy Club to have TxDOT include some additional re-painting to the existing sound wall on the north side of SH 114, and the existing bridges at Lois Street, Westlake Parkway, and Trophy Lake Drive. These re-painting enhancements will mark an important step in our regional efforts to establish a high profile and distinctive corridor that creates a unique sense of place for our residents. In the spirit of the Joint Regional Local Governments MOU dated April 18, 2011, the Town of Westlake extended an offer to Trophy Club and Roanoke to participate in the funding to repaint the two bridges. The Town of Trophy Club Council approved funding at its November 5th meeting, while the City of Roanoke has placed this item on their December 11th meeting. Westlake will be the contracting local government with TxDOT for the Advanced Funding Agreement (AFA), with Trophy Club and Roanoke each reimbursing Westlake their proportioned cost through the proposed ILA, which will need to be approved by each of the cities’ Councils. Re-Painting Cost Breakdown All 3 Bridges and Sound Wall Sound Wall $43,230.27 Trophy Lake Bridge $20,783.04 Trophy Club Bridge $55,225.00 Lois Street Bridge $59,948.57 Incidental Costs $16,824.36 TxDOT Overhead $28,421.63 TOTAL $224,432.87 Westlake Proportionate Cost $74,810.97 Trophy Club Proportionate Cost $74,810.95 Roanoke Proportionate Cost $74,810.95 Page 3 of 3 ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution Proposed ILA with Trophy Club and Roanoke Resolution 12-38 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-38 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE TOWN MANAGER TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE TOWN OF WESTLAKE, THE TOWN OF TROPHY CLUB, AND THE CITY OF ROANOKE, RELATED TO THE REIMBURSEMENT OF THE SH 114/170 INTERCHANGE RE-PAINTING ENHANCEMENTS. WHEREAS, the Town of Westlake desires to foster and promote region cooperative efforts; and WHEREAS, Westlake, Trophy club, and Roanoke previously entered into a Joint Regional Government MOU to address development along the SH 114 & SH 170 corridor; and WHEREAS, Westlake has determined that the proposed re-painting enhancements are in keeping with the executed JRG MOU; and WHEREAS, the Town Council finds that the funding provides sound infrastructure planning consistent with goals and objectives within the adopted strategic plan; and WHEREAS, the Town of Westlake is willing to contract with TxDOT for the proposed re-painting enhancements with both Trophy Club and Roanoke reimbursing Westlake their proportionate costs; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the ILA between the Town of Westlake, the Town of Trophy Club, and City of Roanoke related to the reimbursement of the SH 114/170 interchange re-painting enhancements, attached as Exhibit “A”, and further authorizes the Town Manager to execute the agreement on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-38 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER, 2012. __________________________________ Laura Wheat, Mayor ATTEST: _______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT BACKGROUND This Interlocal Agreement is between the Town of Westlake (“WESTLAKE”), the Town of Trophy Club (“TROPHY CLUB”), and the City of Roanoke (”ROANOKE”); During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The respective Council of each municipality find: 1. This Agreement serves the common interest of both parties; 2. This Agreement will benefit the public; 3. The division of costs fairly compensates all parties to this Agreement; and 4. The WESTLKE, TROPHY CLUB and ROANOKE have authoriz ed their representative to sign this Agreement. 5. A majority of the work is located within the Town of Westlake, but it is considered a regional corridor effort. TERMS AND CONDITIONS Each governing body agrees to share in the cost of the project described below: Re-painting of the existing sound wall and bridges within the limits of the SH 114/170 interchange project limits as identified in the “Re-Painting Cost Breakdown” table below. In order to finance the construction of the needed installation, the parties agree to the following cost share for this project: The total cost of the project is $224,432.87 with each municipality contributing a proportionate share of the costs for the proposed re-painting enhancements as identified in the “Re-Painting Cost Breakdown” table below. Re-Painting Cost Breakdown All 3 Bridges and Sound Wall Sound Wall $43,230.27 Trophy Lake Bridge $20,783.04 Trophy Club Bridge $55,225.00 Lois Street Bridge $59,948.57 Incidental Costs $16,824.36 TxDOT Overhead $28,421.63 TOTAL $224,432.87 Westlake Proportionate Cost $74,810.97 Trophy Club Proportionate Cost $74,810.95 Roanoke Proportionate Cost $74,810.95 1. WESTLAKE RESPONSIBILITY WESTLAKE will perform as Project contact to TROPHY CLUB and ROANOKE for the project. WESTLAKE will pay its proportionate share of the project cost. 2. TROPHY CLUB AND ROANOKE RESPONSIBILITY TROPHY CLUB AND ROANOKE will each pay its proportionate share of the project 3. NO WAIVER OF IMMUNITY This Agreement does not waive WESTLAKE rights under a legal theory of sovereign immunity. This Agreement does not waive TROPHY CLUB rights under a legal theory of sovereign immunity. This Agreement does not waive ROANOKE rights under a legal theory of sovereign immunity. 4. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this Agreement excludes the idea of a suit by a third party beneficiary. The parties to this Agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 5. JOINT VENTURE AND AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 6. TIME PERIOD FOR COMPLETION The funding will revert back to each municipality if the re-painting work is not completed by the Texas Department of Transportation (TxDOT) and TxDOT has refunded the amount paid initially by the town of Westlake through a separate Advance Funding Agreement with TxDOT for the above referenced project. 7. PAYMENT Payment to WESTLAKE will be made by TROPHY CLUB and ROANOKE for their proportionate shared costs as identified in the table above, “Re-Painting Cost Breakdown,” within 30 days of WESTLAKE’S payment to TxDOT. 8. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 3 TOWN OF WESTLAKE ______________________________________ By Mayor, Laura Wheat ______________________________________ Town Manager, Thomas E. Brymer ATTEST: _______________________________________ By Town Secretary, Kelly Edwards TOWN OF TROPHY CLUB _____________________________________ By Mayor, Connie White _____________________________________ By Town Manager, Mike Slye ATTEST: ______________________________________ Town Secretary, Shannon DePrater CITY OF ROANOKE _______________________________________ By Mayor, Scooter Gierisch _______________________________________ By City Manager, Jimmy Stathatos ATTEST: _______________________________________ City Secretary, April Hill Page 1 of 3 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Consider a resolution authorizing the Town Manager to execute an Advanced Funding Agreement with the Texas Department of Transportation for SH 114/170 interchange re-painting enhancements. STAFF CONTACT: Jarrod Greenwood, Director of Public Works DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 April 1, 2013 Estimated time of TxDOT contract Funding: Amount - $224,432.87 Status- Funded Source- Capital Projects Fund Decision Alignment , VVM Perspective Desired Outcome Sense of Place Customer Focus CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Capital Investment 6. Maximize the service provision level to our customers through the use of the shared services model, public/private partnerships, and implementation of SA 06.1: Seek Partnerships Page 2 of 3 innovative inter- governmental agreements. Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY The SH 114/170 interchange project has progressed to a point that the contractor will begin painting the newly constructed retaining walls, overpasses, and concrete rails. In addition to these items, Town staff has been in discussions with the City of Roanoke and Town of Trophy Club to have TxDOT include some additional re-painting to the existing sound wall on the north side of SH 114, and t he existing bridges at Lois Street, Westlake Parkway, and Trophy Lake Drive that will match the paint scheme at the FM 1938 and Westlake Parkway bridges over SH114. The proposed re-painting enhancements will mark an important step in our regional efforts to establish a high profile and distinctive corridor that creates a unique sense of place for our residents. The additional paint work will be included in the current TxDOT interchange project at a total cost of $224,432.87. Re-Painting Cost Breakdo wn All 3 Bridges and Sound Wall Sound Wall $43,230.27 Trophy Lake Bridge $20,783.04 Trophy Club Bridge $55,225.00 Lois Street Bridge $59,948.57 Incidental Costs $16,824.36 TxDOT Overhead $28,421.63 TOTAL $224,432.87 Westlake Proportionate Cost $74,810.97 Trophy Club Proportionate Cost $74,810.95 Roanoke Proportionate Cost $74,810.95 In keeping with our joint Regional Government MOU resolution that was approved April 25, 2011, t his cost will be proportionately d ivided between Westlake, Trophy Club, and Roanoke. We have placed a separate ILA agenda item on the December 10, 2012 meeting that will authorize the Town Manager to execute an ILA with Trophy club and Roanoke for funding reimbursement. Page 3 of 3 Funding for the proposed AFA work was included in the adopted CIP. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff recommends approval ATTACHMENTS Resolution Proposed Advance Funding Agreement with TxDOT Resolution 12-39 Page 1 of 2 TOWN OF WESTLAKE RESOLUTION NO. 12-39 CONSIDER A RESOLUTION AUTHORIZING THE TOWN MANAGER TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT), RELATING TO THE SH 114/170 INTERCHANGE RE- PAINTING ENHANCEMENTS. WHEREAS, the Town of Westlake worked in partnership with the Town of trophy Clun and City of Roanoke for additional re -paining work located within the SH114/170 interchange project limits: and WHEREAS, the State of Texas has agreed to perform the addit ional work through an Advanced Funding Agreement with the Town; and WHEREAS, the Town finds that these improvements are in the best interest of the Town; NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, all matters stated in the Recitals hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That, the Town Council of the Town of Westlake, Texas, hereby approves the contract, in the amount of $224,432.87 for additional re-painting work located within the project limits of the SH 114/170 interchange project Exhibit “A”; and further authorizes the Town Manager to execute said contract on behalf of the Town of Westlake, Texas. SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-39 Page 2 of 2 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 1 of 5 Revised 04/01/11 ATTACHMENT A STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL PROJECT ADVANCE FUNDING AGREEMENT FOR VOLUNTARY LOCAL GOVERNMENT CONTRIBUTIONS TO TRANSPORTATION IMPROVEMENT PROJECTS WITH NO REQUIRED MATCH THIS AGREEMENT is made by and between the State of Texas, acting through the Texas Department of Transportation, called the “State”, and Town of Westlake, acting by and through its duly authorized officials, called the “Local Government.” WITNESSETH WHEREAS, Texas Transportation Code, Chapter 201 and 222 authorizes the State to lay out, construct, maintain, and operate a system of streets, roads, and highways that comprise the State Highway System; and, WHEREAS, Texas Government Code Chapter 791 and Texas Transportation Code §201.209 and Chapter 221, authorizes the State to contract with municipalities and political subdivisions; and, WHEREAS, Commission Minute Order Number 112121 authorizes the State to undertake and complete a highway improvement generally described as to construct a four-mainlane to a six- mainlane with direct connectors SH 170 and reconstruct Section 2/3 lane frontage roads and extend the freeway and Phase 1 of the Interchange with SH 170 on SH 114 from North of Business 114 to West of Trophy Club Drive in Denton County; and, WHEREAS, the Local Government has requested that the State allow the Local Government to participate in said improvement by funding that portion of the improvement described as the painting of Trophy Club Bridge, Trophy Lake Bridge, Lois Bridge, and the Sound Wall along SH 114 from North of Business 114 to West of Trophy Club Drive in the Town of Westlake; called the “Project"; and, WHEREAS, the State has determined that such participation is in the best interest of the citizens of the State; NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, the State and the Local Government do agree as follows: CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 2 of 5 Revised 04/01/11 AGREEMENT 1. Time Period Covered The period of this Local Project Advance Funding Agreement (LPAFA) is as stated in the Master Agreement Governing Local Transportation Project Advance Funding Agreements (MAFA), without exception. 2. Project Funding and Work Responsibilities The State will authorize the performance of only those Project items of work which the Local Government has requested and has agreed to pay for as described in Attachment A, Payment Provision and Work Responsibilities which is attached to and made a part of this contract. In addition to identifying those items of work paid for by payments to the State, Attachment A, Payment Provision and Work Responsibilities, also specifies those Project items of work that are the responsibility of the Local Government and will be carried out and completed by the Local Government, at no cost to the State. 3. Payment of Funds Whenever funds are paid by the Local Government to the State under this agreement, the Local Government shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement with approval by appropriate personnel of the Local Government. 4. Right of Access If the Local Government is the owner of any part of the Project site, the Local Government shall permit the State or its authorized representative access to the site to perform any activities required to execute the work. 5. Adjustments Outside the Project Site The Local Government will provide for all necessary right of way and utility adjustments needed for performance of the work on sites not owned or to be acquired by the State. 6. Responsibilities of the Parties Responsibilities of the Parties will be under the conditions as provided for in the MAFA, without exception. 7. Document and Information Exchange The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Government shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 3 of 5 Revised 04/01/11 requirement applies whether the local entity creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 8. Inspection and Conduct of Work Unless otherwise specifically stated in Attachment A, Payment Provision and Work Responsibilities, to this contract, the State will supervise and inspect all work performed hereunder and provide such engineering inspection and testing services as may be required to ensure that the Project is accomplished in accordance with the approved plans and specifications. All correspondence and instructions to the contractor performing the work will be the sole responsibility of the State. Unless otherwise specifically stated in Attachment A to this contract, all work will be performed in accordance with the Standard Specifications for Construction and Maintenance of Highways, Streets, and Bridges adopted by the State and incorporated in this agreement by reference, or special specifications approved by the State. 9. Increased Cost Increased cost will be under the conditions as provided for in the MAFA, without exception. 10. Maintenance Project maintenance will be under the conditions as provided for in the MAFA, without exception. 11. Termination Termination of this LPAFA shall be under the conditions as stated in the MAFA, without exception. 12. Notices Notices of this LPAFA shall be under the conditions as stated in the MAFA, without exception. Local Government: Town Manager Town of Westlake 3 Village Circle, Suite 202 Westlake, Texas 76262 State: Director of Contract Services Texas Department of Transportation 125 E. 11th Street Austin, Texas 78701 13. Successors and Assigns The State and the Local Government each binds itself, its successors, executors, assigns, and administrators to the other party to this agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this agreement. 14. Amendments Amendments to this LPAFA shall be made as described in the MAFA, without exception. CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 4 of 5 Revised 04/01/11 15. Incorporation of Master Agreement Provisions This LPAFA incorporates all relevant provisions of the MAFA in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted in this agreement. Any conflict between the terms of the MAFA and this LPAFA shall be governed and controlled by this LPAFA. 16. State Auditor The state auditor may conduct an audit or investigation of any entity receiving funds from the State directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 17. Insurance If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 18. Signatory Warranty Each signatory warrants that the signatory has necessary authority to execute this agreement on behalf of the entity represented. THIS AGREEMENT IS EXECUTED by the State and the Local Government in duplicate. THE LOCAL GOVERNMENT – TOWN OF WESTLAKE By: Thomas E. Brymer Town Manager Date: _______________________ CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 5 of 5 Revised 04/01/11 THE STATE OF TEXAS _________________________________ Regional Director _________________________________ Date CSJ #: 0353-02-060 District #: 18-Dallas Code Chart 64 #: 45150 Project: SH 114 Location: North of Bus. 114 west of Trophy Club Drive County: Denton AFA–LPAFA_VolProj Page 1 of 1 Revised 04/01/11 Attachment A PAYMENT PROVISION AND WORK RESPONSIBILITIES The Local Government will pay 100% of the cost for the painting of Trophy Club Bridge, Trophy Lake Bridge, Lois Bridge, and the Sound Wall along SH 114 from North of Business 114 to West of Trophy Club Drive in the Town of Westlake, which is an on-system location. The Local Government’s estimated cost for this improvement is $224,432.87, including construction items, and direct state costs. The State has estimated the Project cost to be as follows: Description Total Estimate Cost Federal Participation State Participation Local Participation Construction (by State) $196,011.24 0% $0 0% $0 100% $196,011.24 Direct State Cost - CST @ 14.50% $28,421.63 0% $0 0% $0 100% $28,421.63 Indirect State Costs @ 5.94% $11,643.06 0% $0 100% $11,643.06 0% $0 TOTAL $236,075.93 $0 $11,643.06 $224,432.87 Estimated Total Local Government Participation (100%) = $224,432.87 Estimated Total Payment by the Local Government to the State on full execution of this Agreement = $224,432.87 This is an estimate. The final amount of the Local Government participation will be based on actual costs. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Consent Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Approval of a Resolution supporting a legislative agenda for the Town of Westlake. STAFF CONTACT: Alora Wachholz, Management Intern DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 N/A Funding: Amount – N/A Status - N/A Source - N/A Decision Alignment VVM Perspective Desired Outcome Leadership Customer Focus CF.Promote Best Practice Policy Governance Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection Page 2 of 2 EXECUTIVE SUMMARY With the coming legislative session, it is important to identify bills and topics that the Town of Westlake supports and opposes. We as an organization have the duty to monitor those items that come before Staff on a departmental level and also create an agenda that identifies proposed legislation that will affect us in a broader scope with municipal and academic services. Over the next several months, multiple notifications will be sent to Staff outlining each bill that is filed that may have an impact o n our community. Our professional organizations, such as the Texas Municipal League, Texas City Managers Association, Texas Court Clerks Association, to name a few - will also assist municipalities in the monitoring process. In general, we should support a legislative agenda which opposes any limits on local control in our community, affects our ability to provide high quality educational opportunities for our students, adversely affects planning and development, or limits our tax base and taxing authority. Staff will continue to monitor the specific bills that affect Westlake and will provide the Council with updates as necessary. We have attached a report outlining our general position on certain items and a resolution in support of a legislative agenda for the coming session. ORGANIZATIONAL HISTORY/RECOMMENDATION Recommended approval of the proposed resolution. ATTACHMENTS Memo - Legislative Agenda Guidelines Proposed Resolution 12-XX To: Mayor Wheat and Town Councilmembers Tom Brymer, Town Manager From: Alora Wachholz, Management Intern RE: Report on Legislative Agenda Positions Date: December 6, 2012 The Town of Westlake is a multi-faceted organization with direct oversight in the provision of municipal and academic services for our community. As such, Staff has drafted this memo to provide you with some key legislative agenda items of interest to us in the coming legislative session. Trends To help set the stage for discussion, it should be noted that the approaching 83rd legislative session will include a freshman and sophomore class membership of almost 50% in the Texas House of Representatives, and five (5) of 31 total State Senate seats will be filled with new members 1. Our long-term local Representative, Vickie Truitt, was replaced with freshman member, Giovanni Capriligone, of Southlake. Mrs. Truitt has been a staunch advocate for the Academy and we will miss her service and responsiveness to Westlake. A second consideration is the current trend toward ultra-conservatism in our State. Many of the new members ran and were elected on a platform advocating no new tax increases and/or reductions in tax increases, an opposition to institute new tax revenue sources, an attempt to move local control more toward State control, considerable budget reductions in public education, the privatization of roadway systems, and a continued non-acknowledgment of the State’s predicted future water deficits2. Many of 1 http://www.bakerbotts.com/file_upload/Update201211TexasGovtRelations-LegislativePreview.htm; http://txnla.org/services/legislative_regulatory; Fred Hill, Solutions For Local Control, LLC. 2 Fred Hill, Solutions For Local Control, LLC these items have the ability to impact Westlake and will require proper monitoring and contact with our elected officials. Finally, the legislature will be faced with a $4.8 billion deficit, from underfunding Medicaid during the last cycle, and a $2.3 billion deferred public education payment3. These deficits may certainly affect the lawsuit the Town has helped file in conjunction with the Texas Charter Schools Association, and can ultimately affect the appropriation of State funds for public education. Municipal Services As local government is the major component of the ‘engine’ that drives economic development in Texas, we support the passage of a resolution and agenda, which encourage our State legislative delegation to preserve and enhance cities’ critical role in providing for robust economic growth by: • Strengthening cities’ ability to deliver high quality basic services, as well as incent job growth by preserving local revenue sources, including sales tax and ad valorem tax income streams; • Preserving land acquisition abilities for cities so they can deliver essential services; • Building a competitive 21st century work force that will continue to fuel Texas’ economic development performance by restoring and enhancing public education funding; and • Maintaining cities’ ability to plan their communities in an orderly, thoughtful fashion as well as invest in infrastructure and provide essential services. We further recommend that the Council oppose any legislation that reduces local control or compromises the home rule authority that has made Texas strong (TML). For example: a particular bill that Staff will monitor throughout the coming session is involved in the taxation of on-line sales made through the internet. Educational Services As mentioned above, Westlake Academy is a supporting member of the Texas Charter School Association’s (TCSA) lawsuit to expand funding opportunities for our students in charter schools. As such, we recommend supporting any legislation that proposes that charter schools should receive equal funding to that of traditional public schools and that they also be eligible for similar adjustments and financially beneficial opportunities (TCSA). 3 http://krwg.org/post/huge-deficit-texas-medicaid-program; http://www.lbb.state.tx.us/Fiscal_SizeUp/Fiscal_SizeUp.pdf; Below are some general statements from the TCSA, and supporting charter school agencies, to be included in our platform of legislative support for Westlake Academy: • All public schools in the State should be better funded. • The Legislature should consider the long term consequences of underfunding public education and its effect on communities and business; as well as the future development of our workforce population. The linkage between a strong local economy and workforce development is integral to our future. • We will support any legislation that lifts or extends the current cap on open- enrollment charters to meet the growing demand for high quality charter school education.  Start-up and expansion funding should be equally available for charter schools as for traditional public schools. • We will support legislation that advocates the implementation of performance measuring systems for all public schools that are based on the appropriate circumstances; for instance:  They must directly match the school’s mission and values (TCSA).  They must take into account the population being evaluated (TCSA).  The Legislature should consider the prospect of a value added measure to more accurately measure student learning gains over time (TCSA). Governance Items The Town Council may determine that the following issues may be beneficial to pursue. Although these are not concerns that require legislative address, they could be useful to consider moving ahead with. Items of interest to the Town of Westlake include the following: • Drafting of specific legislation which would allow the presence of the Mayor at a meeting or workshop to determine attendance for a quorum, without being required to vote. Because the current statute is vague and does not specifically affirm nor deny that this could be the case, Staff would need to contact the Texas Municipal League and request a clarification in the current statue to determine the applicability of existing law. Clarification of this issue would benefit the Town Council during times when a quorum becomes difficult to obtain. • Should the Council be interested in extending councilmember terms to 3 year periods, a constitutional amendment was approved in 2011 to allow this to take place through a special election of the voters of Westlake. If this were to be approved, any vacancies would also be required to be filled through a special election. The items expressed above would serve as the basis for our legislative agenda, which would also be developed in conjunction with Council discussion at workshops in support or opposition of particular bills. As the session moves forward, additional bills will be filed which will necessitate a response from our community. Staff will work together with our professional organizations and state municipal agencies to closely monitor any bills filed in the spirit of the se guiding position statements of our platform. Resolution 12-40 Page 1 of 3 TOWN OF WESTLAKE RESOLUTION NO. 12-40 A RESOLUTION OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, PROVIDING FOR LEGISLATIVE AGENDA GUIDELINES AND STATEMENTS OF SUPPORT RELATIVE TO THE 83RD LEGISLATIVE SESSION. WHEREAS, the Town of Westlake desires to promote a broad legislative platform for the coming 83rd Legislative Session; and WHEREAS, the Town Council desires to provide staff with guidelines through which to monitor legislation favorable to the Town of Westlake; and WHEREAS, the Town Council opposes any legislation that reduces local control or compromises our ability to govern our local municipality; and WHEREAS, the Town Council further supports expanded funding efforts for public education; and WHEREAS, the Town Council finds that the passage of this Resolution is in the best interest of the public. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2. The Town Council of the Town of Westlake hereby approves the proposed legislative agenda guidelines shown as Exhibit “A”, SECTION 3: If any portion of this Resolution shall, for any reason, be declared invalid by any court of competent jurisdiction, such invalidity shall not affect the remaining provisions hereof and the Council hereby determines that it would have adopted this Resolution without the invalid provision. Resolution 12-40 Page 2 of 3 SECTION 4: That this resolution shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10TH DAY OF DECEMBER, 2012. __________________________________ Laura Wheat, Mayor ATTEST: _______________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: ______________________________ L. Stanton Lowry, Town Attorney Resolution 12-40 Page 3 of 3 Exhibit “A” – 2012 Legislative Agenda for the Town of Westlake Municipal Services As local government is also a major component of the ‘engine’ that drives economic development in Texas, we support the passage of a resolution and an agenda, which encourages our State legislative delegation to preserve and enhance our cities’ critical role in providing for robust economic growth by: • Strengthening cities’ ability to deliver high quality basic services, as well as incent job growth by preserving local revenue sources, including sales tax and ad valorem tax income streams. • General opposition to any measure which reduces local governmental authority and control over the municipality. • Preserving land acquisition abilities for cities so they can deliver essential services. • Building a competitive 21st century work force to continue to fuel Texas’ economic development performance by restoring and enhancing public education funding. • Maintaining cities’ ability to plan their communities in an orderly, thoughtful fashion as well as invest in infrastructure and provide essential services. Educational Services The Town of Westlake through our ownership of Westlake Academy is a supporting member of the Texas Charter School Association’s (TCSA) lawsuit to expand funding opportunities for our students in charter schools. As such, we support any legislation that proposes that charter schools should receive equal funding to that of traditional public schools and that they also be eligible for similar adjustments and financially beneficial opportunities. Below are general statements from the TCSA and supporting charter school agencies, to include in a platform of legislative support for Westlake Academy: • All public schools in the State should be better funded • The Legislature should consider the long term consequences of underfunding public education and its effect on communities and business; as well as the future development of our workforce population. The linkage between a strong local economy and workforce development is integral to our future. • Support any legislation that lifts or extends the current cap on open-enrollment charters to meet the growing demand for high quality charter school education.  Start-up and expansion funding should be equally available for charter schools as for traditional public schools. • Support legislation that advocates performance measuring systems for all public schools according to the appropriate circumstances, For instance:  Must directly match the school’s mission and values.  Must take into account the population being evaluated.  Consider the prospect of a value added measure to more accurately measure student learning gains over time. Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Public hearing to consider amending the Comprehensive Plan by adding a Gas Pipeline Corridor Map STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 December 10, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Promote Community Health, Safety & Welfare Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Approve an amendment to the Comprehensive Plan by creating a “Gas Pipeline Corridor” Map Page 2 of 2 to provide predictability to gas industry professionals, land developers, and citizens of Westlake as to where gas transmission pipelines are expected to be located if installed within the Town of Westlake. ORGANIZATIONAL HISTORY/RECOMMENDATION Staff has met with Gas Pipeline companies in the past that expressed an interest in installing a pipeline through the interior of the Town. Gas Pipeline companies have very significant rights granted to them by State law and this Gas Pipeline Corridor map is one of several steps the Town can take to entice companies to locate their pipelines where we feel they will be least impactful to the property owners in Westlake. ATTACHMENTS Exhibit: Gas Pipeline Corridor Map Ordinance 689 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 689 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING A GAS PIPELINE CORRIDOR MAP SHOWING THE PREFERRED LOCATIONS FOR THE INSPALLATION OF GAS TRANSMISSION LINES WITHIN THE TOWN. WHEREAS, the Town of Westlake has Gas Well Pad Sites located within the Town at this time and anticipated future Gas Well drilling in the future, and WHEREAS, the transportation of natural gas from the Gas Sell Pad Sites to the processing plant is a necessity for the production and selling of natural gas; and WHEREAS, believed that there are potential safety hazards associated with the transportation of natural gas and that those hazards are increased when dealing with unprocessed natural gas transported at high pressures: and WHEREAS, the Town Council has concluded that Gas Transmission Pipelines should not be located with close proximity to existing residential developments and should be located in a location that is least likely to negatively impact the future development of property within the Town: and WHEREAS, the Town Council of the Town of Westlake has determined that it is in the best interest of the citizens of Westlake to adopt a Gas Pipeline Corridor Map. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake here by approves the Gas Line Pipeline Corridor Map, as shown in Exhibit A. SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10th DAY OF DECEMBER 2012. Ordinance 689 Page 2 of 2 ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Atto rney Exhibit “A” Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, December 10, 2012 Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the Comprehensive Plan “Land Use Map”. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 December 10, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Exemplary Governance Operational Processes CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Approve an amendment to the Comprehensive Plan “Land Use Map” to change the proposed uses of two parcels within the PD1 zoning district from Office Park to Mixed-Use and from Office Park to Single-family Detached residential. THIS DOES NOT CHANGE THE ZONING OF THE TRACTS. Approval of this amendment is a requisite step prior to a zoning change approval but does not guarant ee that a zoning change will be approved. It is intended to provide predictability to existing and future property owners as to what type uses to expect for future development in these areas of the Town. The Town has previously approved Mixed Use zoning in areas designated as Office or Retail on the Land Use Plan, as there has not been a Mixed Use category included on the Map. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned as a Planned Development with Office, Hotel and Conferencing, Health and Fitness Club, Governmental, Educational and Retail uses. This roughly comports to the Land Use Map. The Mixed-Use designation will allow an applicant to seek approval for a greater mix of uses including Office, Retail, Hotel and Conferencing, Entertainment, Assisted Living, Health Care, and Residential uses. The Single-Family Detached designation will allow an applicant to seek approval for a change of permitted uses from Office to Single-Family Residential. ATTACHMENTS Exhibit: Land Use Map Mixed Use Residential S.F. Detached FM 1 9 3 8 / Da v i s B lv d . Ordinance 690 Page 1 of 2 TOWN OF WESTLAKE ORDINANCE NO. 690 AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS APPROVING AN AMENDMENT TO THE COMPREHENSIVE PLAN, AMENDING THE LAND USE MAP CONTAINED WITHIN. THE CHANGES ARE LIMITED TO THE PARCELS LOCATED WITHIN THE PD1 ZONING DISTRICT. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the amending of the Land Use Map; and WHEREAS, the Planning and Zoning Commission and Town Council held public hearings after notice of such hearing s being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, 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 the amendments (Exhibit “1”) to the Westlake Comprehensive Plan “Land Use Map” should be approved and adopted; and WHEREAS, the Council believes that the interests of the Town, the present and future residents and citizens of the Town; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the findings hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirely. SECTION 2: That the Town of Westlake hereby approves the Land Use Map, as shown in Exhibit A. Ordinance 690 Page 2 of 2 SECTION 5: That this Ordinance shall become effective from and after its date of passage. PASSED AND APPROVED ON THIS 10th DAY OF DECEMBER 2012. ATTEST: _____________________________ Laura L. Wheat, Mayor ____________________________ Kelly Edwards, Town Secretary ______________________________ Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, December 10, 2012 TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the PD1 Zoning District by Creating Three Planning Areas, PD1-1, PD1-2, and PD1-3 and Amending the Minimum Lot Size and Setbacks For Existing Buildings to Facilitate the Re-platting of Lots to Accommodate Individual Ownership of Buildings and Property Within the Existing Office Park. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 December 10, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Operational Processes CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action N/A N/A N/A Page 2 of 2 Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Consideration for approval of an Ordinance Amending the PD1 Zoning District by creating three Planning Areas, PD1-1, PD1-2, and PD1-3. This amendment does not change any Permitted Uses at this time. Also contained in the proposed ordinance is an amendment that will amend the minimum lot size and the minimum setbacks for lots with existing building within the PD1 zoning district. This amendment is to facilitate potential re-platting of property into lots containing one or more existing buildings so they me sold individually. (This ordinance contains the text of ord. 202 as amended by ord. 588, plus the amendments approved 12/10/12, creating PD1-1, PD 1-2, and PD1-3, and making amendments relating to minimum lot size and setbacks for existing building to facilitate the re- platting of property with existing buildings, and thus creating a single document that effectively replaces ord. 202 and 588 without repealing these ordinances) ORGANIZATIONAL HISTORY/RECOMMENDATION This amendment does not change any permitted uses or development regulations within the PD1 zoning district. It does give the Town more options when considering future development plans for the PD1 zoning district. Staff recommends approval of this ordinance. ATTACHMENTS Exhibits: A-1, A-2, A-3, B. Ordinance 1 ORDINANCE NO. 691 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE TOWN’S COMPREHENSIVE ZONING ORDINANCE NO. 200, BY AMENDING PLANNED DEVELOPMENT DISTRICT NO. 1 (“PD1”), BY CREATING AND SETTING OUT THE BOUNDARIES OF THREE PLANNING AREAS WITHIN THE PD1 ZONING DISTRICT (“PD1-1, PD1-2, AND PD1-3”) UPON THE OFFICIAL ZONING MAP OF THE TOWN OF WESTLAKE, TEXAS; PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. WHEREAS, Ordinance No. 200 the Comprehensive Zoning Ordinance for the Town of Westlake, was amended by ordinance 588, and WHEREAS, the property included within PD1 is now owned by multiple independent parties with differing development desires; and WHEREAS, the Town Council of the Town of Westlake is desirous of having the ability to amend “PD1" to approve changes in the Permitted Uses and regulations within portions of “PD1” without allowing those same Permitted Uses and regulations elsewhere within “PD1;” and WHEREAS, the creation of Planning Areas will provide the Town Council the ability to amend Permitted Uses and regulations within pre-defined Planning Areas without effecting the remaining portions of “PD1;” and WHEREAS, the Town Council of the Town of Westlake, after considering the recommendations of the Planning and Zoning Commission, made after holding of public hearings as provided by ordinance, and after issuing notices and affording every person whose property was affected or who had any interest in the matter a free and fair opportunity to be heard, finds that it will promote the public health, safety, morals and welfare of the present and future residents of Westlake to amend the “PD1” zoning district; NOW, THEREFORE: , BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: PART I The recitals set forth above are hereby incorporated herein, adopted by the Town are declared to be true and correct, PART II That Ordinance No 200 , the Comprehensive Zoning Ordinance of 1992, as amended, 2 is hereby amended by amending the Planned Development District No. 1 (“PD1"), by amending ordinance 202 as amended by ordinance 588 to read as follows: Section 1. Planning Areas. The PD1 Zoning District is hereby divided into three distinct planning areas. These planning areas are to be referred to as Planning Area 1 (PD1-1), Planning Area 2 (PD1-2), and Planning Area 3 (PD1-3). The planning areas are described in Exhibits “PD1-1”, “PD1-2”, and “PD1-3”. Section 2. Principal Uses Permitted. No building, structure or premises shall be used other than for the following purposes, together with the ancillary and accessory uses specified in Section 3: A. Office buildings for business and professional use, including, but. not limited to, administrative, executive, engineering, accounting, scientific„ research and development, educational, marketing, information processing, computers, statistical and financial purposes, provided such use shall not involve any machinery or process which pollutes the environment, including without limitation those which emit dust, smoke, odor, fumes, noise, vibrations or the like; B. Educational facilities and temporary accommodations for employees, customers and visitors to such educational facilities; C. Hotel and conferencing facilities; D. Retail uses including but not limited to, medical and dental clinics, cafeterias, restaurants, travel agencies, banks and other financial institutions, hair salons, jewelry stores, child care centers, dry cleaners, and other uses permitted under the retail category of the Comprehensive Zoning Ordinance of 1992, as amended; E. Institutional and Governmental Uses; and F. Sports and health club. Section 3. Accessory Uses Permitted. No accessory uses shall be permitted in PD1 other than buildings and uses accessory to a principal use, including, but not limited to, the following: A. off street parking and off street loading space as required; B. storage and maintenance facilities; C. utility services and facilities; D. gatehouses, bus stops, pedestrian shelters and any similar structures; 3 E. caretaker houses; F. signs, subject to illumination and other standards; G. obelisks; H. fire station, police station, or other security Section 4. Dimensional standards and requirements. The following dimensional standards and requirements shall apply: A. The minimum required lot area shall be five (5), with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition No. 1. which shall measure 1.722 Acres (before right -of-way dedication). Exception: Pro perty containing existing buildings may be re-platted into lots of less than five acres. B. The maximum percent of PD1 to be occupied by (i) principal use buildings shall be ten percent (10%) of the land area (as defined below), excluding court yards, atria, etc;. not enclosed within the buildings. Parking garages shall not be included in the calculation of density or site coverage. For these purposes PD1 shall be deemed to have 436.077 acres of land area which is its original acreage before donations for roadways except for right of way within PD1 donated for SH114. Planning Area 1 shall be deemed to be 251.757 acres. Planning Area 2 shall be deemed to be 92.08 acres. Planning area 3 shall be deemed to be 92.24 acres. C. The minimum size of any front, side or rear yard for principal and accessory use buildings, with the exception of Lot 1R2 of Block 2 of Westlake/Southlake Park Addition No. 1. shall be: 1. One hundred {100) feet from any public road, street or highway, except for the building located immediately adjacent to the intersection of Sam School Road and Solona Boulevard, for which building the setback shall be eighty (80) feet; 2. The minimum set back from State Highway 114 shall be two hundred (200) feet; 3. Five hundred (500) feet from any residentially zoned area for the area described in exhibit "A-1" and “A-2” ; 4. In accordance with Section 102-124(b)(2)(b) of the Zoning Ordinance contained in the Code of Ordinances for the property described in Exhibit 4 “A-1” and “A-2”; or 5. Otherwise setbacks shall be one hundred (100) feet for side yards. Setbacks shall be one hundred (100) feet for rear yards. Exception: Property containing existing buildings may be re-platted into lots with less than 100 feet of setbacks. D. Utility service facilities, playground restrooms and storerooms, bus sops, gate houses, signs and similar types of minor accessory structures, may be located in the required yard areas provided that the height and location of such structures shall be approved as part of a site plan or in the building permit process. Below grade parking structures may also be located in the yard areas subject to approval as part of a site plan. E. The maximum permitted building height for any principal or accessory building shall not exceed seven hundred and thirty five (735) feet mean sea level. F. Any lot within PDl may have more than one (1) principal use building on such lot. Section 5 Requirement of a Comprehensive Site Plan. Notwithstanding any provisions in the Zoning Section of the Code of Ordinances addressing the form of site plans, the comprehensive site plan for all the area covered by PD-1, which are attached hereto as Exhibits "B", "C", "D" and "E" (collectively, the "Site Plans" or individually a "Site Plan") are hereby reapproved by the Town of Westlake and declared to be in conformance with the Zoning Section of the Code of Ordinances. Any development within PD1 not materially in accordance with the Site Plans will require the submission and approval of a new PD site plan in accordance with the Zo ning section of the Code of Ordinances for such new, additional or substantially changed development , provided in no event shall the site coverage by principal buildings be more than ten percent (10%) as set forth in Section 3B above. Section 6. Landscaping. Landscaping and irrigation of PD1 shall be generally in accordance with building plans approved by the Town from time to time. Any material change in such landscaping and irrigation of PD1 not in accordance with approved building plans shall be subject to the Town's applicable landscape ordinances and regulations. Section 7. Service road. The width of the service road providing access for trucks and rather deliveries to the back of the hotel and office building located at Seven Village Circle may be fifteen feet (15') in width, notwithstanding any contrary provision in ordinance No. 155. Section 8. Conformance with Town's Comprehensive Plan. Present 5 development within PD1 conforms to the requirements of the Town's Comprehensive Plan as adopted by Ordinance No. 199. Section 9. Approval of Existing Plat as Amended. The plat, as amended, for the Addition as referenced in Section 5 above is hereby unconditionally approved. Section 10. Comprehensive Zoning Ordinance. Except as amended by this ordinance, the Town's Comprehensive Zoning Ordinance of 1992, as amended, shall govern property zoned PD1. Section 11. The area depicted in the cross-hatched area on Exhibit “A-2” shall only be allowed the uses contained in the “O” Office zoning category of the Towns Comprehensive Zoning Ordinance as of March 10, 2008. PART III 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 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. PART IV This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. PART V It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 6 PART VI This Ordinance shall become effective immediately upon its passage and is ACCORDINGLY SO ORDAINED, PASSED AND APPROVED this day of ____, _________________________________ Laura Wheat, Mayor ATTEST: _____________________________ __________________________________ Kelly Edwards, Town Secretary Tom Brymer, Town Manager APPROVED AS TO FORM: _____________________________ L. Stanton Lowry, Town Attorney Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, December 10, 2012 Westlake Town Council Meeting Monday, December 10, 2012 TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Roadway Design Standards, Residential Development Standards, Signage Standards, and the Concept Plan With Phasing Identified for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. STAFF CONTACT: Tom Brymer , Town Manager DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 December 10, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Page 2 of 2 Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Consideration of amend ing the PD1-2 planning area regulations which include new land uses and development standards. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an amendment to the PD1-2 Planning Area regard ing the permitted uses to allow development of a mixed use planned development . This development will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, establishments, conference center type meeting space, single family residential detached homes, villas, as well as multi-family uses (condominiums and flats, i.e. apartments), The proposed uses will utilize a design for a European style (Spanish) village tentatively named Westlake Vallecito. Applicant advises that estimated value of improvements on this tract per these proposed uses will be approximately $500,000,000. Recommend approval per the staff report. ATTACHMENTS 0T 1. Site Location Map 2. Staff Report 3. Ordinance Including Ordinance Exhibits a) Legal Description of PD District b) PD1-2 Concept Plan c) Westlake Vallecito Development Standards d) Westlake Vallecito Design Standards e) Westlake Vallecito Public Roadway Standards f) Westlake Vallecito Residential Development Standards g) Construction Phasing Plan (see Concept Plan) Page 1 of 10 TOWN OF WESTLAKE, TX ZONING CHANGE REQUEST STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL I. CASE INFORMATION Case No. Z-10-01-12 Date: 12-1-12 Request: Applicant is requesting approval of the following: Zoning Amendment X (PD1-2; PD-1, Planning Area 2) Concept Plan X Agenda Item: Public Hearing and Consideration for Approval of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-2 (PD1-2) Including Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, Signage Standards, and the Concept Plan With Phasing Identified for PD1-2 to Allow for a Mixed Use “Village” Planned Development on an 85 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Solana Boulevard. Development Name: Westlake Vallecito aka “the Village” Location: Subject property is an approximately 85 acre tract generally located at the northeast Corner of FM 1938 and Solana Boulevard. (Note: legal description of the subject property is included in the proposed ordinance, also see attached vicinity map). Owner: Maguire Partners-Solana Land, LP (Mehrdad Moayedi) Applicant: Jeffory D. Blackard Developer: Centurion American Development Group Acres: 85 acres (approx.) Proposed Use(s): A mixed use planned development that will blend a wide range of various uses (offices, governmental, retail, restaurants, business services, medical services, establishments, conference center type meeting space, single family residential detached homes, villas, as well as multi-family uses (condominiums and flats) using a design for a European style (Spanish) village tentatively named Westlake Vallecito. Applicant advises that estimated value of improvements on this tract per these proposed uses will be approximately $500,000,000. Page 2 of 10 Notice Requirements: Written notice was mailed to all property owners within 200 feet as required by Town Ordinance. Additionally, written notice of this request was mailed to the Glenwyck and Vaquero HOA/s, Carroll, ISD, as well as the Town of Trophy Club (note: Trophy Club’s notice was to comply with the Memorandum of Understanding we have with them and Roanoke to advise each other about development activity along the SH 114 corridor in our respective communities.) Information, including this staff report, as well as all materials furnished on this request contained in the Town Council’s and/or Planning & Zoning Commission’s agenda packets, was placed on the Town’s web site. Also, an email blast will also be sent out to Town residents (on the Town’s email list) advising them of this pending request for zoning. II. STAFF REVIEW COMMENTS 1. General Information/Proposed Uses: This agenda item is consideration of an Ordinance amending the permitted uses and development regulations of newly established Planning Area 2 (PD1-2) to allow for a mixed use planned development at this location as well as adopt a Concept Plan for this development. The subject site is approximately 85 acres located at the northeast corner of FM 1938 (Davis Blvd) and Solana Boulevard. Subject site is bounded on the south by Solana Boulevard, on the west by FM 1938 (Davis Blvd), on the north by SH 114, and to the east by a Solana office park development that is part of the PD1-1. As indicated, this site is the newly established PD1-2 Planning Area 2 which formerly had been a part of PD-1 commonly referred as Solana. This mixed use planned development is tentatively named Westlake Vallecito. It will blend various uses requested (which include office, governmental, retail, restaurants, conference center type meeting space, hotel, single family residential detached, villas, as well as multi-family uses, i.e. condominiums and flats; note: these proposed permitted uses are set out in greater detail in the ordinance document), and configure them in a harmonious manner around a large water feature, plazas, an amphitheater, towers, as well as and other common area design features and open space. The intended design result is to achieve a unique sense of place via a European (Spanish) village where people can gather, live, work, entertain, shop, and recreate. The Ordinance amending the permitted uses and development regulations of this newly established Planning Area 2 (PD1-2) to allow for a Mixed Use Planned Development at this location includes: • Development Guidelines for Planning Area 2 , PD1-2 • Design Standards for Planning Area 2, PD1-2 • Residential Standards for Planning Area 2, PD1-2 Page 3 of 10 • Roadway Design Standards for Planning Area 2, PD1-2 • Concept Plan for Planning Area 2, PD1-2 2. Conformance with Comprehensive Plan: The proposed use is consistent with the Town’s comprehensive plan as amended. It should be noted that some (but not all) of the uses (office and some retail) were previously contained in the PD-1 Planning District from which PD1-2 was created. 3. Existing Zoning Compared to Proposed Amended Uses: As noted above, the PD-1 District permitted uses include some of the uses proposed in this request (office, parking garages, hotel, health industry related uses, and some retail). However, with the newly established PD1-2 Planning District, this proposed amendment to the Zoning Ordinance would provide for additional uses in the PD1-2 District (which are not in the PD-1). The proposed PD1-2 uses are consistent with a mixed use planned development designed to create a European style (Spanish) village (tentatively named Westlake Vallecito). The proposed uses for PD1-2 include: medical offices, office, governmental, retail, restaurants, business service establishments, hotel, conference center type meeting space, and various residential uses. The various residential uses proposed for PD1-2 would include single family residential detached homes, villas, as well as multi-family uses (age restricted flats, condominiums, and flats that are not age restricted, i.e. apartments). 4. Concept Plan and Development Standards: a. Concept Plan. The purpose of the Concept Plan is to provide an overall general design layout that shows the intended uses (buildings) and their proposed location as well as location of streets, water feature, and open space areas. The Concept Plan also sets out the phasing for this development. The Concept Plan is intended to guide the preparation of the site plan for the 6 phases and the order in which these phases occur. The site plan is a more detailed document, which will come forward for approval consideration along with a preliminary plat at a subsequent date. The applicant’s Concept Plan, if approved, becomes part of the proposed zoning ordinance establishing the use and development regulations for this for this PD1- 2 planning district. The Concept Plan shows placement of an estimated approximate 3.2 million square feet of buildings on the subject tract with an estimated value of $500,000,000, as well as various public/common areas and water features for this site, all of which are designed to integrate, flow together and work harmoniously as a village, or in planning parlance, a mixed-use development. While the applicant has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), Page 4 of 10 extensive improvements will be made to it after zoning is determined. The improvements contemplated on the site are extensive and include many landscape and water features as well as streets and other infrastructure. Construction of these improvements are planned by the applicant to be funded by a public improvement district (PID), created under State law and approved by the Town, but creating no financial obligation for the Town, i.e. the Town will not be responsible for repayment of the PID bonds, rather the PID bonds will be paid solely through assessments on the improvements inside and only inside the development. PID’s are a commonly used economic development tool used by municipalities to facilitate a community development while not burdening the municipality financially. b. Development Standards. The Development Standards for this Planning District intend to establish standards to achieve the goal of a site design that creates community with a balanced sustainable mix of uses blended as a village. According to these Development Standards, buildings are multi-use and follow the size, scope, scale and variety of a small European village. Further, the Development Standards intend to promote an efficient pedestrian access network between residential and non- residential uses. The physical relationship between the development, adjacent properties, public streets, neighborhoods, and the natural environment is created by: • Site design that mimics the efficient pedestrian patterns that have evolved in European villages • High quality street and sidewalk-oriented environments that support pedestrian mobility and are appropriate to the roadway context • Ensuring large sites are developed in a manner to support and encourage connective, cohesive visual identity, and attractive street scene Key design elements have been identified in these Development Standards which are intended to achieve this type of development. They are: 1.) centrally located parking areas, 2.) use of structured parking, 3.) variety of building size and shape, 3.) building size and shape variety, 4.) orientation of buildings to other buildings and the street, 5.) multiple building faces (4-sided building design), 6. pedestrian friendly environment and 7.) use of public art as well as sitting and gathering spaces throughout. The Standards espouse being flexible enough “…for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development”. Key development features identified in the Development Standards include Plaza Mayor Vallecito, residential condos, hotel, single-family detached residences, town homes and/or office condos on the upper edge of the amphitheatre, condo Page 5 of 10 flats wrapping parking structures, bridges and water features, and landscaping as in a European village (not suburban commercial development type landscaping). 5. Proposed Design, Integration of Uses, Density, and Setbacks: a. Design and Integration of Uses. It should be noted that, while this is a mixed used development in terms of land use, it is unlike almost all other mixed use developments that staff is aware of (many of which are located in an urban core area or seek to replicate that experience). While it does incorporate multiple uses as many mixed use developments do, it incorporates multiple uses via the use of the “village concept”. Multiple types of uses are designed as village, configuring and integrating these uses in a harmonious manner around a large water feature, plazas, an amphitheater, bell tower, chapel, public buildings, as wel l as and other common area design features and open space. The outcome of such a design approach is to integrate these uses to achieve a unique sense of place as a European (Spanish) village where people can gather, live, work, entertain, shop, and recreate. This is a very different approach to the more traditional (in this country) Euclidian zoning approach that has been prevalent since World War II which sets land uses in separate districts, thus separating commercial and residential land uses, consequently largely separating the interaction of various population groups. b. Density and Setbacks. Because these multiple uses are integrated in the mixed use village-type fashion proposed, density is dealt with differently. While this development achieves higher density than a typical single family residential development (in many cases there are no building setback requirements as in a traditional zoning districts), the visual impact of this density is different because density is impacted positively by presence of significant open spaces and gathering spaces into the design (see the proposed Concept Plan), thus integrating the uses. These open spaces, typical of a village, include water features, plazas, amphitheater, bell tower, public art, chapel, public buildings, as well as and other common area design features. There is more than one type of residential use proposed. The residential uses vary in number as follows: Single Family Residential Detached 12 units Townhomes/Condos (fee simple owner occupied) 121 units Age Restricted Apartments (age 55 plus) 289 units Flats (apartments) 137 units Total 559 units Page 6 of 10 The proposed ordinance also contains Residential Development Standards that establish the various classification of residential housing, types of residential uses, the number of units, location, square footage, and residential lot ad valorem value. This also distinguishes between residential uses that are owner occupied and non-occupied. Other development often uses Floor Area Ratio (FAR) to regulate density. FAR is the ratio of a structure’s square footage to the pad site. With this proposed Ordinance, the zoning would not utilize FAR to regulate density, but would limit density by height restriction and lot size. c. Design Guidelines, Building Design, and Architecture. The Design Guidelines establish design principles for PD1-2 that shape building design including building massing, scale and rhythm, architectural elements, entrances, façade treatments, lighting, signage, and streetscape. d. Sign Regulations. Sign regulations proposed in the Sign Standards are the same as used on Planning Districts covering what is known as the Circle T Ranch in Planning District 3-4. Additionally, the Design Guidelines speak to signage in this development as well. 6. Financial Impact Analysis. Impact on public services in terms of services required by this proposed use, compared to revenues it generates, has been analyzed. Impact on infrastructure is addressed in other places in this report. 7. Utilities: Water and sewer utilities are to be provided by the Town and service is available to the subject site. Any dedication of water and sewer easements for public lines will be dealt with at the time of preliminary plat approval. All on-site and any off-site water and sewer improvements necessary to serve the development are the developer’s responsibility. 8. Access/Site Boundary Streets/Thoroughfare Plan: The subject tract is served by SH 114, FM 1938 (Davis Boulevard), and Solana Boulevard. FM 1938 is classified as a major collector by the Town’s approved thorough fare plan in the Approved Comprehensive Plan, while Solana Boulevard is classified as collector. FM 1938 is recently improved and was designed with the capacity to serve this site. Streetscaping along side of the site adjoining FM 1938 will need to comport to the Town’s FM 1938 Streetscape Plan. Solana Boulevard adjoining the south side of this tract presently is constructed only as one-half of a future 4 lane divided (median) Page 7 of 10 roadway. As such, the northern 2 lanes of Solana Boulevard will need to be constructed adjacent to this tract to provide adequate safety, traffic movement, access and capacity to serve this site on its south side. Solana Boulevard improvement will be a requirement stipulated in a development agreement that will be approved at the time of the site plan/plat approval (which will be considered done at a future date). The applicant has prepared a traffic impact analysis of their development that staff has used as a part of making these determinations. Streets internal to this newly established PD1-2 Planning District will be laid out and established through the site plan and platting approval process at a future date, at which time determinations will be made as to their location, capacity, and status as public or private streets. All streets, public or private, within the development will meet the Town’s design standards including the Roadway Design Standards included in this Ordinance. If streets are to be public, they will be dedicated by plat. Ingress/egress points (driveways) to the site are shown on the concept plan, but will be finalized at the time of site plan approval. Ingress/egress is shown on FM 1938 and Solana Boulevard. There is no ingress/egress point proposed to SH 114 on the north side of the site shown as on the Concept Plan (this is controlled by TxDOT and involves much utility relocation if a driveway point was pursued for this site to SH 114). 9. Infrastructure(Generally)/Roadway Design Standards/Drainage: a) Infrastructure (Generally). The applicant has submitted a Concept Plan for the proposed use on the proposed PD1-2 site which is attached and becomes part of the proposed zoning ordinance establishing the use and development regulations for this planning district. The Concept Plan shows not only the placement the buildings that represent the various uses, but also location of internal street infrastructure, ingress/egress points, as well as general location of various common areas and water features for this site. While the developer has indicated that they wish to make use of the site’s natural beauty with its topographical variation (i.e. - rolling terrain), extensive improvements will be made to after zoning is determined. The improvements contemplated on the site are extensive and include many landscape and water features as well as streets and other infrastructure. These improvements are the developer’s responsibility. The Town may , however, decide in the future to consider economic development tools, as allowed by State law, for certain aspects of site development (for example, the water feature). These economic development tools include a public improvement district (PID) or a tax increment reinvestment zone (TIRZ), that would be negotiated by separate Page 8 of 10 agreement. Further, these would be configured so there is no financial obligation on the Town’s part. PID’s and TIRZ’s are a commonly used economic development tool used in situations like this by Texas municipalities Texas to facilitate a development while not burdening the municipality financially. b) Roadway Design Standards. All streets within the development, whether private or dedicated to the Town shall meet the Town’s construction standards. Additionally, design standards regarding street widths, with and without parking for this development, would be established by the Roadway Design Standards adopted with this Ordinance. c) Drainage. Storm water run-off from the site as developed must meet the Town’s standards and likely will make use of the water feature shown on the Concept Plan to meet those requirements. 10. Landscaping, Parking and Streetscaping Requirements: a. Landscaping and Parking. The Concept Plan does not show a detailed landscape plan or parking plan. A detailed landscape plan and parking plan will be required to be submitted at the time of site plan submittal when it is brought forward at a later date for consideration. Landscaping for this development is also described in the Development Standards for this development that would be adopted with the Ordinance. Landscape standards, as proposed in this Ordinance, would be different than in other zoning districts based on the unique nature of this development as a village. Parking as it relates to street design within the development is also described in the Design Guidelines for the development that would be adopted with the Ordinance. b. Streetscaping. A detailed streetscaping plan will be shown on the site plan. The development should comport on its FM 1938 perimeter with the Town’s FM 1938 Streetscape Plan. Additionally, this development’s entire perimeter streetscape is shown in general form on the Concept Plan (but will be developed in detail at the time of site plan submittal) and should integrate and transition well in terms of aesthetics with any development that occurs at the southeast corner of FM 1938 and Solana Boulevard. The site’s perimeter streetscaping should also include a short (less than 6 foot in height) masonry wall (so the village is visible from FM 1938 and Solana Boulevard). Also, streetscape design internal to the development is Page 9 of 10 established within the Design Guidelines that would be adopted with the Ordinance. 11. Pedestrian Circulation and Trail-Sidewalk Connectivity Both Internally and Along the Site Perimeter: The applicant’s concept plan indicates a heavy emphasis on pedestrian circulation within the tract per the Concept Plan. Connectivity of this zoning district and site to the Town’s public hike/bike trail should be contemplated by the applicant in their Concept Plan. Sidewalks and trails internal to the site will need to connect by access points to sidewalks, trails, or pubic rights-of-way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. All these considerations should be finalized at the time of site plan and preliminary plat consideration. The Concept Plan does show a pedestrian trail on their site running in a general east-west direction connecting the Solana office park to east with FM 1938. The trail is proposed in part to parallel the water feature at certain locations along its route through the development. This proposal meets the trail plan in the Town’s Comprehensive Plan. 12. Open Space/Parkland Dedication Open space requirements as well as park land dedication fees shall be dealt with at site plan or platting unless otherwise agreed to by separate agreement approved by the Town Council. _______________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this zoning change request with the adoption of this Ordinance that includes the Ordinance (includes legal description of subject site), Development Guidelines, Design Standards, Residential Development Standards, Roadway Design Standards, and Concept Plan (with phasing) for Planning Area 2, PD1-2. Further, Staff wishes to note the items identified above that will be dealt with at submittal of the site plan and/or preliminary plat for this development (note: this is not the final list of site plan and platting items, only those things identified in this report). These include: • Dedication of water and sewer easements for public lines. All on-site and any off-site water and sewer improvements necessary to serve the development are the developer’s responsibility. Page 10 of 10 • Solana Boulevard additional lanes on south side of subject tract shall be constructed by the developer as stipulated in a development agreement to be executed at site plan/plat approval. • A detailed landscape plan and parking plan. • A detailed streetscaping plan will be shown with development’s entire perimeter streetscape integrating and transitioning well in terms of aesthetics from any development at the southeast corner of FM 1938 and Solana Boulevard. • Sidewalks and trails internal to the site will need to connect by access points to sidewalks, trails, or pubic rights-of-way on the perimeter of the site as well as to sidewalks or trails on adjacent tracts. PD1-2 PLANNED DEVELOPMENT 1 PLANNING AREA 2 ORDINANCE NO. 692 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 85.9 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 2 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-2) GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE “PD1” PLANNED DEVELOPMENT DISTRICT BEING, OFFICE, HOTEL, AND CONFERENCING, EDUCATIONAL, GOVERNMENTAL SPORTS AND HEALTH CLUB, AND RETAIL USES, TO MIXED USE “VILLAGE” WITH RETAIL, OFFICE, COMMERCIAL, RESIDENTIAL, HOTEL, GOVERNMENTAL, AND ENTERTAINMENT USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Board amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 85.9 acre tract of land (commonly known as Planning Area 2 of the PD1 zo ning district being the portion of the PD1 zoning district bounded by Solana Boulevard to the south, FM 1938 to the west, and SH 114 to the north); and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to FM 1938, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for new and unique mixed-use development within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of PD 1-2; and WHEREAS, the Commission and Council held a public hearing upon the application of Centurion American to amend the Comprehensive Plan to establish PD 1-2 and approve zoning for PD 1-2 on December 10, 2012 after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, 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 the amendments (Exhibit “2”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council 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 Council has determined to be consistent with the 1992 Comprehensive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN 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. SECTIOION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas, Ordinance No. 202 as amended by Ordinance 588, is hereby amended by this PD Ordinance by amending the Planned Development District PD1, Planning Area 2 (PD1-2) within the property described in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit A. SECTION 3: 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 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full force and effect. SECTION 5: 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 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 10th DAY OF DECEMBER 2012. MAYOR ATTEST: Town Secretary APPROVED AS TO FORM: Town Attorney Page | i EXHIBIT A PD1 PLANNING AREA 3 (PD1-3) SINGLE FAMILY RESIDENTIAL ARTICLE I. GENERAL PROVISIONS ............................................................................................. 2 SECTION 1 SHORT TITLE ........................................................................................................... 2 SECTION 2 PURPOSES ................................................................................................................. 2 SECTION 3 GENERAL DEFINITIONS ........................................................................................ 2 SECTION 3.1 USAGE ...................................................................................................................... 2 SECTION 3.2 WORDS AND TERMS DEFINED ................................................................................. 2 SECTION 4 PD SUPPLEMENT ..................................................................................................... 3 SECTION 5 APPLICABILITY OF EXISTING REGULATIONS ............................................... 3 SECTION 5.1 APPLICABLE TOWN ORDINANCES ................................................................. 3 SECTION 5.2 GENERAL APPROVAL CRITERIA ............................................................................. 3 SECTION 6 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ....................... 4 SECTION 6.1 PD CONCEPT PLAN .................................................................................................. 4 SECTION 6.3 PD SITE PLANS ........................................................................................................ 4 ARTICLE I. GENERAL PROVISIONS ............................................................................................. 5 SECTION 1 LAND USE SCHEDULE ............................................................................................ 5 SECTION 2 ACCESSORY USES AND STRUCTURES ............................................................. 13 ARTICLE III. DEVELOPMENT STANDARDS .............................................................................. 13 SECTION 1 DENSITY .................................................................................................................. 14 SECTION 3 MINIMUM LOT WIDTH ........................................................................................ 14 SECTION 4 MAXIMUM BUILDING HEIGHT.......................................................................... 14 SECTION 5 MINIMUM BUILDING SIZE.................................................................................. 14 SECTION 7 REAR YARD SETBACKS ....................................................................................... 15 SECTION 9 SLOPE REQUIREMENTS ...................................................................................... 15 ARTICLE IV. EXHIBITS .................................................................................................................. 31 PAGE 2 OF 38 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning Area 2 (“PD 1-2”) Village Planned Development Zoning District Ordinance.” or simply as the "PD1-2 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to establish a superior quality mixed use development with design features and planning elements reminiscent of European pedestrian scaled village. The Ordinance provides for the integration of vertical and horizontal mixed uses that allow commercial, retail, governmental, hotel, and entertainment uses as well as single family, townhome, condominium and high end multi-family residential uses on the property bounded by Solana Boulevard to the south, FM 1938 to the west, and SH 114 to the north, and to provide an appropriate transition between the intensity of the SH 114 Corridor to the north and the existing and anticipated residential development to the south. 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 Council at the time of the Adoption of this PD Ordinance and that are applicable to development within the PD District. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies PAGE 3 OF 38 open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, EIFS, glass block, split-face concrete masonry unit, or other masonry materials approved by the Board. PD Concept Plan means any one or more of the drawings attached to this PD Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the Planned Development Zoning District or Planning Area established or amended by this PD Ordinance. PD Ordinance means this Planned Development Zoning District ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Town means the Town of Westlake, Texas or the appropriate Town staff when designated as a reviewing agent. Town Manager means the Town Manager of the Town of Westlake or his/her designee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as it exist at the time of the adoption of this PD Ordinance. SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD1-2 Planning Area shall be governed by the Applicable Town Ordinances. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance 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 4.2 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 Council, the Commission, the Town Planner, or any other PAGE 4 OF 38 Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan, Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of d rawings and documents generally labeled as (1) "Concept Plan" and (2) “Concept Plan Key” Except as otherwise provided by this PD Ordinance, each of these drawings and documents are a part of this PD Ordinance, and all graphic depictions and Concept Plan details included in the Concept Plan Key are considered "regulatory" standards. The drawing labeled "Concept Plan" identifies the general boundaries of the PD District. The exact boundaries of the PD District are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD District is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD District. Section 5.2 PD Development Plan If the board requires, as a condition of establishing the PD district and approving a PD concept plan, that PD development plans be submitted prior to submittal of a PD site plan, a PD development plan may be prepared and submitted for the entire developme nt at one time or for individual phases of development. Each plan shall be submitted in 15 copies to the town manager or his designee. Each PD development plan shall be accompanied by (i) a development plan informational statement and (ii) a preliminary dr ainage study for the area covered by the proposed plan. If deemed necessary by the town manager, the applicant for a PD development plan shall also submit an updated traffic impact analysis prior to Commission action. A PD development plan may be used where the developer requests or the board requires certain standards for the PD district to be specified after initial establishment of the PD district, and constitutes an amendment to the approved PD concept plan and PD Ordinance. A PD development plan includes more detailed information as to the specific land uses and their boundaries. The purposes of a PD development plan are to allow flexibility in the development process by deferring specification of all development standards at the time of PD district creation and to enable developers to satisfy conditions imposed on creation of the district prior to submittal of a PD site plan Section 6.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts PAGE 5 OF 38 within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure t hat the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the commission; however, such period may be extended by the board. A PD site plan shall terminate at the end of such four-year period (or extended period if approved by the board) unless, within such period, a preliminary plat has been filed with the town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. SECTION 7 PARK LAND DEDICATION REQUIREMENTS No Park Land Dedication shall be required in this PD1-2. Trails and open space shall be designated on the Concept Plan and the Site Plan. Open Space may be 100% private, but must be publicly accessible. The trails and open space shall be owned and perpetually maintained by the Developer or his designee. ARTICLE II USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-2 Planning Area shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. PD1 PLANNING AREA 2 (PD1-2) – MIXED-USE DEVELOPMENT LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP AGRICULTURAL USES Community Garden and/or Vineyards X Farms General (Crops) PAGE 6 OF 38 Farms General (Livestock, Ranch) Orchard S Plant Nursery (Growing) S Plant Nursery (Retail Sales) S Stables ( As a Business) Stables (Private Use) X Veterinarian (Indoor Kennels) Veterinarian (Outdoor Kennels) Wind Turbines RESIDENTIAL USES Detached Garage (Private) A Multifamily Apartment (“Flat ”) X Servants/Caretakers Quarters A Studio Efficiency ( living room, bedroom, kitchenette in single room) X Single Family Attached (Townhome, Brownstone) X Single Family Detached X Sport/Tennis Courts (Private) A Swimming Pool (Private) A Temporary Accommodation for Employees/Customers/Visitors A INSTITUTIONAL and GOVERNMENTAL USES Child Daycare (Private; 7 or more) S Child Daycare (Public; 7 or more) X Church or Place of Worship X Civic Club X PAGE 7 OF 38 Clinic X College or University S Community Center (Public) X Data Center A Electric Transformers X Electrical Substation S Emergency Ambulance Service (Governmental) X Fire Station X Government Building X Heliport/Helistop/Vertistop S Hospice S Hospital S Library X Nursing/Convalescent Home X Package and Mailing Service (Private) X Police Station X Post Office (Governmental) X Private Streets/Alleys/Drives X Psychiatric Hospital S Rehabilitation Care Institution X Retirement Home X School, K-12 (Private) S School, K-12 (Public) S School, Vocational X Telecom, Electric, Cable and Fiber Optic Switching Station, Network Op Center X PAGE 8 OF 38 Surgery Center – Overnight Stay X Use Associated with Religious Institution X Utility Distribution Lines (Buried) X1 Utility Distribution Lines (Overhead) X2 Utility Shop and Storage S Water and Sewer Pumping Station (above grade) S Water and Sewer Pumping Station (below grade) X Water, Sewer, Electric and Gas Meters X COMMERCIAL USES Accessory Building A · Administrative, Medical, or Professional Office X · Amphitheater – Public and/or Private A · Antenna and/or Antenna Support Structure, Commercial · Antenna and/or Antenna Support Structure, Non-Commercial · Antenna (Stealth, Commercial—C) X · Antique Shop and Used Furniture X · Aquarium, Bird and / or Pet Shop X · Artisan’s Workshop Art Gallery and/or Studio X · Assisted Living Facility X · Athletic Fields, Public and/or Private (non lighted) X Athletic Fields, Public and/or Private (lighted) S · Auto Parts Sales, Inside X · Automobile Car Wash S · Automobile Parking Lot/Garage (Paid and/or Free) S Automotive Repair PAGE 9 OF 38 · Bakery – Custom with onsite production X · Ballroom X · Bank, Savings and Loan, or Credit Union X · Barber Shop and/or Beauty Salon X · Bed and Breakfast Inn (less than 12 rooms) S · Beer, Liquor & Wine Package Sales S · Bell Tower w/ Residential, Retail, Office and other vertically-integrated uses X Boat Slips X · Bicycle / Skateboard / Scooter Shop X · Blacksmith Studio X · Book or Stationery Store X · Boat Slips X · Building Material and Hardware Sales, (inside only) X · Business Service X · Butcher Shop – (Custom Meat Market) X · Camera Store X Cafeteria (Private) A · Candy – Confectionary Shop X · Candy Shop with onsite production X · Castle with adaptive re-use for Residential or any other approved use X · Cathedral with adaptive re-use for Residential or any other approved use X · Caretaker’s/Guard’s Residence X · Chapel – Wedding Event Center X · Children’s Theater X · Cigar and Tobacco Shop X PAGE 10 OF 38 · Civic/Convention Center X · Cobbler / Custom Boot Maker Studio X · Coliseum (Public Amphitheater) with or without attached Residential Townhomes X · Commercial Amusement, Indoor X · Community Centers X · Country Club X · Conference Center X Convenience Store without Gas Pumps X · Convenience Store with Gas Pumps S · Custom Clothier with on-site Tailoring X · Dance Hall S · Dentist and/or Orthodontist X · Department Store X · Dress Maker with onsite production X · Drug Store / Pharmacy / Compounding X · Dry Cleaning & Press-Shop X · Electronics Store and/or Hobby Shop X · Farmer’s Market (Indoor and/or Outdoor) S · Film Developing & Printing X · Firehouse with adaptive re-use into Residential or any other approved use X · Florist X · Fraternal Organization, Lodge, Fraternity, or Sorority S · Furniture, Home Furnishings and Appliance Store X · Glass Blower X · Grocery Store X PAGE 11 OF 38 · Gymnastics/Dance Studio X · Hardware, Sporting Goods, toys, paint, wall paper X · Health/Fitness Center and/or Salon X · Home Occupation (no more than 250 sq. ft) X · Hospital and/or Hospice X · Hostel (up to 40 beds) X · Hotel - Major X · Hotel (Boutique in Plaza, on Water Front and/or Ship) X · Household Appliance Service and Repair X · Insurance Office X · Jewelry Shop / Repair and/or Optical Goods Store X · Laundromat · Locksmith/Security System Company X · Massage Therapy, Licensed X · Micro -brewery and/or Wine Production (< 30,000 sq ft) S · Mini-Storage Facility as Condo-wrap product on Structured Parking X · Mobile Food Vendor S · Multi-Purpose Event Center X · Museum/Art Gallery X · Musical Instrument Shop X · Parking Structure A · Performing Arts Center and/or Live Theater X · Photography Studio X · Print Shop, Minor X · Private Club S PAGE 12 OF 38 1 Including Water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines 2 Limited to period of construction · Private Recreation Center X · Public Water Feature (Lake, Moat, Waterway) X · Real Estate Sales/Leasing Office X · Restaurant or Cafeteria (Public) X · Restaurant, Drive In S · Retail Stores and Shops X · Retail/Service Incidental Use X · Salon X · Signature Bridges X · Ski Shop X · Small Engine Repair Shop (no outside storage or display) X · Spa, Swimming Pool, Tennis Courts (Public and/or Private) X · Telecommunications Studio with Offices X · Temporary Building A · Theater, Neighborhood (up to 6 screens) X · Theater, Regional (up to 24 screens) X · Transit Stop X · Travel Agency X Vineyard X · Water Taxi / Lake Cruise X · Wedding Chapel X · Winery and/or Wine Bar S PAGE 13 OF 38 SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. SECTION 3 RESIDENTIAL USES AND UNIT COUNTS The Developer is limited to the Residential Use restrictions described in Exhibit 7 “Residential Use Summary Table”. SECTION 4 OTHER PRESCRIBED RESIDENTIAL USES Section 4.1 Residential Condos/Townhomes: The Developer may build Residential Condos and/or Townhomes as described in Exhibit 7 with the intent of these structures being to mimic the varied, attached residential component found naturally in a small European Village. Changes in massing of the structures are to be accomplished through the variety in the number of units per building and the orientation of the gar age doors where applicable. 1. The Condo/Townhomes shall be built in clusters of no less than 2 units per contiguous building and no more than 18 units per contiguous building. Section 4.3 Single-Family, Detached Residences: The Developer may build up to 12 Residential Single-Family, Detached Residences within Westlake Vallecito. These homes shall range in size from 2,400 sq ft up to 12,000 sq ft. Section 4.5 Coliseum Town homes and/or Offices: The Developer may construct a ring of not more tha n 16 Residential Town homes and/or Office Condos along the upper edge of the Coliseum. Retail and commercial uses are permitted on the first floor. SECTION 5 OTHER PRESCRIBED COMMERCIAL/RETAIL USES Section 5.1 Outdoor Display of Merchandise 1. All outside display of merchandise shall conform to the following guidelines: a. All outside storage and/or display requires an outdoor display permit from the Town. b. All outside display will be limited to the normal business hours. b. A minimum clear unobstructed width of 48-inches measured from the curb shall be maintained on the public right -of-way/sidewalk. 2. The Town reserves the right to require the removal of any merchandise displayed outside on the public right -of-way/sidewalk that may be obtrusive, unsafe, or otherwise interfere with pedestrian traffic. ARTICLE III. DEVELOPMENT STANDARDS PAGE 14 OF 38 SECTION 1 DENSITY Section 1.1 Maximum Density and FAR: No FAR limitations are imposed by this Ordinance. Maximum density is a function of the scale, size and scope of each phase of the Village Development as prescribed within Exhibit 3 “Westlake Vallecito Development Standards” and Exhibit 6 “Westlake Vallecit o Residential Development Standards” as well as the PD Concept Plan, the PD Site Plan, the Developer Agreement and height restrictions established in this Article III, Section 4. SECTION 2 MINIMUM LOT SIZE: Minimum lot size is 400 sq ft. SECTION 3: MINIMUM LOT WIDTH: There is no minimum lot width. SECTION 4: MAXIMUM BUILDING HEIGHT Section 4.1 The maximum height for all structures located within Westlake Vallecito is 735’ Mean Sea level (MSL) or 105’ above grade, whichever is lower. Section 4.2 The exceptions for this restriction shall be: 1. Architecturally-correct Bell Towers and Core Room Towers as depicted on the Concept Plan and the Site Plan. a. Bell Towers are designed for occupancy and are restricted to 220’ above grade. Architectural Embellishments on the Bell Towers are not to exceed 25% of total Building Height . b. Core Room Towers are not to exceed 12 Stories above grade. c. Three-story Penthouses shall be allowed above Core Room Tower story restrictions . Section 4.3 All commercial floor space provided on the ground floor of a mixed-use building must have a minimum floor -to-ceiling height of twelve (12) feet . SECTION 5 MINIMUM BUILDING SIZE Section 5.1 The minimum building size shall be 800 square feet for residential unit (flat, condo, townhome, single-family-attached and/or single-family detached). Section 5.2 Minimum building size for any non-residential primary use structure shall be 400 sq ft. Section 5.3 Building size, as used in this section, shall mean heated and air-conditioned area. SECTION 6 FRONT YARD SETBACKS PAGE 15 OF 38 There shall be no minimum Front Yard Setbacks SECTION 7 REAR YARD SETBACKS There shall be no minimum Rear Yard Setbacks. SECTION 8 SIDE YARD SETBACKS There shall be no minimum Side Yard Setbacks except as to accommodate Building Code and Fire Code. SECTION 9 GARAGE SETBACKS Garages may not be set back between 5’ and 25’ from the street in order to avoid blocking sidewalks or pedestrian access SECTION 9 SLOPE REQUIREMENTS Section 9.1 The height of non-residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. Section 9.2 All non-residential structures shown on an approved concept plan are exempt from slope -proximity requirements. SECTION 10 BUILDING DESIGN ELEMENTS The standards and criteria contained in this Section shall be the minimum standards for all new development. The regulations of this Section shall apply where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance and/or Subdivision Ordinance. Section 10.1 Architecture All Permanent Structures to be erected within Westlake Vallecito shall follow the specific Westlake Vallecito Design Guidelines submitted as Exhibit 4 to this Ordinance. Section 10.2 Site Plan and Building Elevation Review Each Permanent Structure shall have a final Site Plan and Building Elevation review with the Town prior to issuance of the building permit. This review is to ensure compliance with Specific Design Guidelines, overall fit into Westlake Vallecito as it matures as a Village, and adherence to the spirit and intent of the foundational framework of a small, European Village. Changes that constitute a material change to the design guidelines will be considered a zoning change and subject to the required zoning change process. Section 10.3 Architectural Embellishments 1. Architectural embellishments not intended for human occupancy that are integral to the architectural style of the buildings, including spires, belfries, towers, cupolas, domes, and roof for ms whose area in plan is no greater than 25% of the first floor foot print may PAGE 16 OF 38 exceed the height limits by up to twenty (20) feet provide such changes are reflected on the Site Plan and approved by Council. 2. Mechanical equipment, including mechanical/elevator equipment penthouse enclosures, ventilation equipment, antennas, chimneys, exhaust stacks and flues, fire sprinkler tanks, and other similar constructions may extend up to twenty (20) feet above the actual building height, provided that: 1) they are setback from all exterior walls a distance at least equal to the vertical dimension that such item(s) extend(s) above the actual building height, or 2) the exterior wall and roof surfaces of such items that are set back less than the vertical dimension above the actual building are to be constructed as architecturally integral parts of the building façade(s) or as architectural embellishments as described above, and that such changes are reflected on the Site Plan and approved by Council. Section 10.4 Building Materials: 1. Only durable materials such as clay fired brick, natural and manufactured stone, granite, marble, EIFS (2nd floor and up only) and stucco shall be considered primary materials. Native Texas Stone Materials shall be of primary consideration in the building material selection process. 2. Primary materials shall comprise as least eighty (80) percent of each floor, exclusive of doors and windows. EIFS as a primary building material may only be used above the second floor of any structure. 3. Only primary building materials are allowed on the first floor, exclusive of doors, windows, and their accompanying frames. For purposes of this section, the first floor shall be at least nine (9) feet high. 4. Secondary materials used on a building façade are those which comprise less than a total of twenty (20) percent of an elevation area. Permitted secondary materials are all primary materials, aluminum or other metal, cedar or similar quality decorative wood, or other materials as approved by the Town Manager. 5. Four-Sided Building Design: All buildings shall be architecturally finished on all sides with the same materials, detailing, and features. Where the rear façade does not face a public street, the architectural finish must match the remainder of the building in color only. Section 10.5 Building Entries 1. Main building entries shall be highlighted using such techniques as building articulation and/or entry canopies so they are obvious to pedestrians and motorists. 2. Each building and separate lease space at grade along the street edge shall have a functioning “Primary Entry” from the sidewalk. Corner entries may count as a Primary Entry for both intersecting street fronts. Section 10.6 Awnings, Canopies, Arcades, & Overhangs 1. Structural awnings are encouraged at the ground level to enhance articulation of the building volumes. PAGE 17 OF 38 2. The material of awnings and canopies shall be architectural materials that complement the building. 3. Canopies and awnings shall respect the placement of street trees and lighting. 4. All large canopies (i.e. gas stations, banks, etc.) that require structural columns for support shall have a minimum six (6) feet masonry or ornamental iron/steel (or other approved material) finish measured fro m the finished grade. Materials used on columns and canopies shall be complementary to the building Section 10.7 Building Articulation 1. That portion of the building where retail or service uses take place on the first floor shall be accentuated by including awnings or canopies, different building materials, or architectural building features. 2. Building facades fronting both streets and driveways should have massing changes and architectural articulation to provide visual interest and texture and reduce large areas of undifferentiated building façade. Design articulation should not apply evenly across the building façade, but should be grouped for greater visual impact employing changes in volume and plane. Architectural elements including projecting volumes, windows, balconies, loggias, canopies, pediments, and moldings that break up the mass of the building are encouraged. Section 10.8 Above-Grade Structured Parking 1. Where parking garages are within views of streets, openings in parking garages shall not exceed 75% of the façade area. The portion of the parking garage that is visible from the street shall have an architecturally finished façade compatible with the surrounding buildings. 2. Entries and exits to and from parking structures shall be clearly marked for both vehicles and pedestrians by materials, lighting, signage, etc., to ensure pedestrian safety on sidewalks. Section 10.9 Projections into Rights-of-Way The following projections shall be permitted into a public easement or right -of-way, provided that 1) no projection shall be permitted into a public easement or right -of-way of SH 114, Solana Boulevard and FM 1938; 2) such projections do not extend over the traveled portion of a roadway; 3) the property owner has assumed liability related to such projections; and 4) the property owner shall maintain such projection in a safe and non-injurious manner. 1. Ordinary building projections, including, but not limited to water tables, sills, belt courses, pilasters, and cornices may project up to twelve (12) inches beyond a building face or architectural projection. 2. Roof eaves may project up to thirty-six (36) inches beyond the building face or architectural projection. PAGE 18 OF 38 3. Architectural projections, including balconies, bays, towers, and oriels; show windows (1st floor only); below grade vaults and areaways; and elements of a nature similar to those listed; may project up to forty-eight (48) inches beyond the building face. 4. Canopies and/or awnings may project from the building face and may extend into rights- of-way if a minimum sidewalk clearance and/or distance to a street tree of six (6) feet is maintained. Additionally, they may be extended or be within eight (8) inches of the back of curb if used to provide a covered walkway to a building entrance and as long as any canopy/awning support is no closer than eighteen (18) inches from the back of curb. 5. Below-grade footings approved in conjunction with building permits. 6. Pedestrian Bridges shall be permitted to extend over public right -of-ways and/or private access easements provided that a minimum vertical clearance of 14 feet from side to side, or 17’ from the high point of an arch. Section 10.10 Extensions into Rights-of-Way Outdoor eating areas and outdoor display of retail items for sale may extend into rights-of-way if a minimum sidewalk clearance and/or distance to a street tree of three (3) feet is maintained, provided that no extensions shall be permitted into a public easement or right-of-way of SH 114, Solana Boulevard and FM 1938. Section 10.11 Roofing material Roofing materials shall be limited materials approved by the adopted building code that are either natural slate or authentic clay tile, or have the appearance of slate or clay tile. Flat roofing systems where appropriately masked from street-level view corridors by parapets and/or other architectural features are permitted. Standing seam metal roofing may be used only for minor areas such as porches and patios and in areas not generally visible. Section 10.12 Roof pitch No minimum roof pitch prescribed. Section 10.13 Exterior wall materials Exterior wall shall be 100% masonry except for doors and windows. Brick, stone, cast stone, and stucco are approved materials. EIFS is limited to 2nd story and above only. Siding of any type is prohibited. Section 10.14 Gutters and downspouts. Gutters and down spouts shall be made of anodized metal or copper and all visible gutters to be constructed as half-round design. Section 10.15 Driveways and sidewalks All driveways and sidewalks, other than common area sidewalks, shall be stamped with a Vallecito unique Cobblestone Pattern (to be approved by the Town), stained or have an exposed aggregate finish, as allowable to conform to ADA standards. PAGE 19 OF 38 SECTION 11 SIGNAGE Section 11.1 Special sign standards. 1. Subdivision monument signs. Two subdivision monument signs are allowed at each entrance to a single-family subdivision or multifamily development. The standards for subdivision monument signs are as follows: a. The signs must be monument signs (whose length exceeds height) and may be located within roadway landscape zones (excluding visibility triangles at intersections). b. Content is limited to the name and logo of the subdivision. c. The maximum size of each monument sign is 40 square feet; the maximum sign area is 24 square feet; and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. d. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. e. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. f. A ll monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face unless otherwise approved in the Site Plan. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 2. Business monument signs (type 1). Each lot is entitled to one monument sign for each street frontage of the lot. Type 1 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 1 monu ment signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. d. Sign elements may be carved into the construction materials, ma y consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. If the total floor area of a building is less than 20,000 square feet: (a) the maximum monument size and maximum sign area is 20 square feet; (b) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (c) the minimum setback is ten feet, measured from the public right -of-way. PAGE 20 OF 38 f. If the total floor area of a building is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right -of-way. g. If the total floor area of a building is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public r ight -of-way. h. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 3. Business monument signs (type 2). Each building on a lot is entitled to one monument sign for each street frontage of the lot. Type 2 monument signs may only include the name and logo of the building and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all type 2 monument signs are as follows: a. Signs may be located within roadway landscape zones. b. Length must exceed height. c. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by t he board. d. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. e. Maximum sign size is three feet high and six feet long regardless of building size. f. Each monument sign must be parallel to the street and placed no closer to the street than the "build to line" for the applicable street. Where no “build to line” is established, the PD Site Plan will regulate location. g. The space between the sign and the building must be landscaped unless otherwise approved on the Site Plan. h. Signs must not significantly block the flow of pedestrians on the sidewalks. 4. Business group monument signs. The town would like to encourage buildings to forego erecting individual monument signs in favor of "joint" or "group" monument signs. To further this objective, the town encourages property owners to designate "group sign areas" as follows: a. A group sign area is any contiguous area (excluding streets, other rights-of-way, and public areas) designated as such by all the owners thereof (using a metes and bounds description). The designation can be made at any time prior to or concurrent with the submission of a site plan for the area, and all such designations are subject to the PAGE 21 OF 38 approval of the board. Land can be removed from any group sign area with the consent of the board and the consent of the owner(s) of the land being removed; provided, however, the area that remains must continue to comply with the requirements of this subsection. Land can also be added to any group sign area with the consent of the board and the consent of the owner(s) of the land being added; provided, however, the expanded area must continue to comply with the requirements of this subsection. b. Each group sign area is entitled to one group monument sign for each primary entrance of the group sign area. Group monument signs may only include the name and logos of buildings and/or the name and logo of business occupants; provided, however, if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for group monument signs are as follows: i. Signs may be located within any required front yard. ii. Construction materials are limited to stone, cast stone brick, split face CMU used in conjunction with, or as a border for, stone and cast stone, or other materials approved by the board. iii. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. iv. If the total floor area of all buildings within the group sign area is 20,000 square feet or more but less than 125,000 square feet: (a) the maximum monument sign size is 40 square feet; (b) the maximum sign area is 24 square feet; (c) the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right-of-way. v. If the total floor area of all buildings within the group sign area is 125,000 square feet or more: (a) the maximum monument sign size is 60 square feet; (b) the maximum sign area is 36 square feet; (c) the maximum height is six feet, measured from the average grade level at the base of the sign to the highest part of the sign; and (d) the minimum setback is 15 feet, measured from the public right- of-way. c. All monument signs must have a minimum landscaped area of two square feet for each linear foot of the horizontal length of the sign face. For purposes of landscaping, the horizontal length of double-sided signs is the sum of the horizontal length of both sign faces. 5. Retail facade signs. Each building on a lot is entitled to facade signs attached to the facades of the building. Facade signs may only include the name of the building and/or the name of business occupants; and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all business facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. PAGE 22 OF 38 c. Except as provided (g) below, the maximum aggregate sign area of all signs on a building is four percent of the aggregate area of all street facing building facades. d. Except as provided in subsection (g) 3 below, the maximum aggregate sign area of all signs on any one building facade is four percent of the area of the building facade. e. The maximum aggregate sign area of all signs advertising any one business is the lesser of (a) 180 square feet or (b) the greater of 20 square feet or four percent of the street facing building facade occupied by such business. Each business that occupies any portion of a street facing building facade shall be entitled, as a minimum, to one 20 square foot sign notwithstanding the aggregate limits set forth herein. f. Signs must be architecturally consistent with the buildings to which they are attached. 6. Large retail façade signs. Each business occupant that occupies at least 25,000 square feet of gross leasable area is entitled to facade signs attached to the facades of the building. Facade signs may only include the name and logo of the building and/or the name and logo of the business occupant, and if a business occupant does business under more than one name, the name that does not advertise products or services shall take precedence. The standards for all big box retail facade signs are as follows: a. No limit on letters up to four inches high. b. Signs can be placed on any building facade, but not above the roof line. c. The maximum aggregate sign area of all signs advertising one business is the lesser of (a) 260 square feet or (b) the greater of 40 square feet or four percent of the street facing building facade occupied by such business. d. Signs must be architecturally consistent with the buildings to which they are attached. 7. Special project entry signs. The PD 1-2 Concept Plan identifies roadway entries into the PD district. It is anticipated that these entries will be designed to include special project entry signs which may vary from the standards set forth herein. These special project entry signs will require commission approval as part of a PD site plan. 8. Building identification and directory signs. Each commercial building on a lot is entitled to identification and directory signs attached to the facades of the building. Identification and directory signs are not restricted to the name and logo of the business occupant. The standards for all identification and directory signs are as follows: a. No limit on letters up to four inches high. b. Each building is entitled to one directory sign (not to exceed six square feet) at each main building entrance. c. Each building is entitled to one building identification sign (limited to the name of the building) on each street facing building facade. The maximum sign area of each building identification sign shall be 24 square feet. Building identification signs may be placed above the first floor spandrel, but not above the roofline. d. Signs can be placed on any building facade. e. Signs must be architecturally consistent with the buildings to which they are attached. 9. Business projecting signs. Within each building each business occupant with a first floor business or an upper floor business that can be accessed directly by exterior stairs is entitled to one projecting sign attached to the facades of the building where the entrance PAGE 23 OF 38 is located. Projecting signs are not restricted to the name and logo of the business occupant . The standards for all business projecting signs are as follows: a. Signs can be placed on any building facade, but not above the first floor spandrel. b. No sign may project more than five feet from a building facade. c. The maximum sign area is 12 square feet; the maximum height is three feet. d. All signs must have a minimum vertical clearance of eight feet above the sidewalk. e. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 10. Business awning signs. Each first floor business occupant or business occupant with a first floor entrance within a building, which business or business entrance has an awning, is entitled to awning signs. Awning signs will be a part of or applied to an awning which is attached to the facades of the building. Awning signs are not restricted to the name and logo of the business occupant. The standards for all awning signs are as follows: a. Signs can be placed on any awning projecting from the building, but not above the first floor spandrel. b. The maximum sign area is eight square feet. c. All awning signs must have a minimum vertical clearance of eight feet above the sidewalk. d. Signs are intended to be primarily graphic. 11. Business hanging signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to one hanging sign suspended from the canopies, colonnades or covered passages of the building. Hanging signs are not restricted to the name and logo of the business occupant. The standards for all hanging signs are as follows: a. Signs can be suspended, so long as perpendicular to the building facade, from canopies, colonnades or covered passages on any building, but not above the first floor spandrel. b. Signs suspended from canopies and colonnades must be centered in the canopy or colonnade from which they are suspended; signs suspended from any covered area between two buildings may not project more than four feet from a building facade. c. The maximum sign area is four and one-half square feet. d. Maximum height is 18 inches; maximum width is 36 inches; maximum thickness is three inches. e. All signs must have a minimum vertical clearance of eight feet above the sidewalk. f. Signs are intended to be primarily graphic, and must have graphics or copy on both sides. 12. Business window signs. Each first floor business occupant or business occupant with a first floor entrance within a building is entitled to window signs painted or applied to the glass surface of the first floor windows. Window signs are not restricted to the name and logo of the business occupant. The standards for all window signs are as follows: a. Signs can be placed on the glass surface of street facing windows, but not above the first floor spandrel. b. The maximum sign area is 12 square feet. PAGE 24 OF 38 c. The maximum height of each sign is two feet. d. Signs are intended to be primarily graphic. 13 General directional signs. Directional signs are allowed on property (whether platted or not) adjacent to the intersection of two streets. The standards for directional signs are as follows: a. The sign must be a monument sign and may be located within roadway landscape zones, wit hin public rights-of-way (including street medians), and within any required front yard or as approved on the Site Plan. b. Construction materials are limited to stone, cast stone, brick, split face CMU used in conjunction with, or as a border, for stone and cast stone, or other materials approved by the board. c. Sign elements may be carved into the construction materials, may consist of metal elements attached to the construction materials, or may otherwise be displayed in any manner approved by the board. d. Content is limited to words and arrows the only purpose of which is to direct vehicle traffic to "generic" destinations such as "town center", "civic center", "recreation center", "performing arts center", "equestrian center", "Lake ____", "lakeside", "playground", "hospital", "library", "museum", "country club", "sports fields", and other similar terms that generally describe the destination. e. The maximum sign area is eight square feet, and the maximum height is four feet, measured from the average grade level at the base of the sign to the highest part of the sign. There is no minimum setback. f. There is no limit on the number of directional signs. 14. Temporary signs. A residential home builder may place temporary signs, including the builder's name and logo, at subdivision entrances in which such builder is constructing homes. SECTION 12 LANDSCAPE REQUIREMENTS Section 12.1 Landscape Requirements The standards and criteria contained in this Section are the minimum standards for all new development within Westlake Vallecito. The landscaping requirements of Division 2, Article III, Chapter 98 of the Town of Westlake Code of Ordinances shall apply in all circumstances not specifically addressed in this Ordinance. All landscaping shall be reflected on the required Landscape Plan which is to accompany the Site Plan. Where the regulations of this Section conflict with the Town of Westlake Zoning Ordinance, the regulations of this Section shall apply. 1. Intent. It is the intent of this section to preserve and enhance the town's highly visible edge in order to reinforce the rural and natural qualities of the community. This zone can facilitate positive vistas to prominent knolls and valleys while softening development with tree massing that will establish a unique rural environment for the town, while still protecting view corridors along the Town’s major highways. PAGE 25 OF 38 2. The required Landscape Plan must include a 35’ landscape treatment area for the property abutting SH 114 ROW and Solana Blvd. to correspond to Section 98-103 of the Code of Ordinances requiring open space linkage. The area must consist of landscaping including natural appearing tree clusters, water feature, ornamental stone fencing, open space paved areas for public gathering, turf, or other living ground cover. 3. The required Landscape Plan must include landscaping along FM 1938 that conforms to the 2011 Precinct Line Rd. Landscape Corridor Plan. 4. Wildflower planting areas along SH 114 and Solana Blvd. shall be detailed in the Landscape Plan. 5. 60 percent of the tree plantings included in the Landscape Plan shall be a minimum three-inch caliper, and 40 percent shall be a minimum of 2” caliper. 6. A Hike and Bike trail will be include in the Landscape Plan which provides connectivity of the Town’s exiting and planned trail system. Section 12.2 Interior Village Landscaping Requirements 1. In conditions where paving runs all the way to the front building line as occurs in small European villages, landscaping is not required. The Landscape Plan shall include detailed landscaping around buildings, intersections and parking areas depicted on the Concept Plan. Plantings in large-scale containers and window boxes are encouraged if no other landscaping is present. 2. Any non-structured, off-street, surface parking that contains seventy-five (75) or more spaces shall provide interior landscaping as follows, when permissible by existing covenants and restrictions on the gas well pad located within the boundaries of Westlake Vallecito: a. Ten (10) square feet of landscaping for every two parking spaces shall be provided within the paved boundaries of the parking area. b. All landscaped areas shall be protected by a raised six (6) inch concrete curb. c. Pavement shall not be placed closer than four (4) feet from the trunk of a tree unless a Town approved root barrier is utilized. d. Landscaped islands shall be located at the terminus of all parking rows and shall contain at least one (1) large tree, three (3) inch caliper minimum 3. Landscaped islands shall be a minimum of one hundred (100) square feet, not less than six (6) feet wide and a length equal to the abutting space. 4. Permanent irrigation shall be provided for all required landscaping as follows: PAGE 26 OF 38 a. Irrigation lines for perimeter landscaping identified in (1) above, shall be placed a minimum of two and one-half (2 ½) feet from a town sidewalk or alley. Reduction of this requirement is subject to review and approval by the Town Engineer. b. Trees and shrubs shall be irrigated by bubbler irrigation lines only. Other landscaping may be irrigated by spray irrigation. Separate valves shall be provided to turn off the spray irrigation line during periods of drought or water conservation. c. Rain, freeze, and wind detectors shall be installed on all irrigation lines. 5. Artificial plants or turf are expressly prohibited. Drought tolerant and/or native plants from the lists approved by the Town are required for compliance. Other species may be proposed in the Landscape Plan. Section 12.3 Service Equipment and Areas 1. Loading docks, truck parking, trash collection, trash compaction, and other service functions shall be incorporated into the overall design of the building and be identified on the Site Plan. 2. Transformers, HVAC equipment (if located at the ground level), lift stations, utility meters, and other machinery, where practical, should be located at the rear of the property. 3. Screening: a. Service equipment and areas shall be screened so the visual impacts of these functions are fully contained and out of view from adjacent properties and public streets.. b. Screening materials for solid waste collection and loading areas shall be the same as the materials used for the principal building, or a six (6) foot solid masonry wall. Trash dumpsters shall have a door, which shall generally remain closed at all times. c. No internal screening within the boundaries of Westlake Vallecito is required. As in, no screening fences, walls, buffer zones or boundaries between horizontally integrated and vertically integrated structures on single, adjacent and/or adjoining lots or parcels. Section 12.4 Fencing 1. All fences within the town shall conform to the following standards 2. Fencing is allowed between the primary facade of the building and the build-to-line. 3. Fencing is allowed to separate an outdoor eating area from the walkway if the outdoor seating area extends into the adjacent right-of-way. 4. Fencing is restricted to wrought iron, tubular steel or similar material, or masonry and shall conform to the following standards: a. Fences may be built to a maximum seven feet in height. However: i. No solid fencing greater than 3.5 feet in height may be placed within ten feet of a right -of-way line for a roadway or open space corridor; ii. No chain-link fences shall be allowed unless completely screened from adjacent public areas and properties by either structures or by solid landscape screening; iii. No solid wood fencing shall be allowed; and PAGE 27 OF 38 iv. Fences which are greater than 25 percent solid masonry shall be considered solid fencing. v. Precast solid fencing shall require special approval by the Town Council. Section 12.5 Streets and Sight Triangles Within Westlake Vallecito, the following street design standards shall apply: 1. Sight triangles for all vehicular intersections shall be established based on the minimum standards reflected in the UDC unless otherwise specified in the Site Plan. 2. Adequate sight distance will be provided at all intersections through the use of appropriate traffic co ntrol devices in compliance with the UDC. 3. Nothing contained herein shall vary or supersede public safety requirements of the Town of Westlake as set forth in the Uniform Fire Code and other applicable laws, rules, and regulations of the Town of Westlake. SECTION 13 OUTDOOR LIGHTING STANDARDS Section 13.1 Lighting Requirements An Outdoor Lighting Plan must be submitted for this PD in conjunction with the required Site Plan. Lighting will to the greatest extent possible reflect the lighting standards established in Division 2, Article VI, Chapter 102 of the Code of Ordinances. The Outdoor Lighting Plan shall include the following: 1. Layout of the proposed fixture locations. 2. The light source. 3. The luminous area for each proposed light source with photometric in foot -candle measurement. 4. The type and height of the light fixture or of the light source above grade. 5. The type of illumination. Section 13.2 Up-Lighting Down-lighting Limited up-lighting may be considered in the Lighting Plan submittal with minimum up-lighting allowed for the Chapel, the Bell Tower and the Town Hall. Up-lighting and Down-lighting specifications required in 13.1 shall be presented in the Lighting Plan. Section 13.3 Parking Area Lighting Overhead lighting for public and private parking areas shall utilize “fully-shielded” and/or “full cut-off” fixtures. In accordance with the Town of Westlake lighting standards Section 102-207 and shall be included in the required Lighting Plan submittal. . SECTION 14 PARKING STANDARDS Section 14.1 Required parking shall be located and maintained anywhere within Westlake Vallecito, and may also include additional overflow parking as available offsite. PAGE 28 OF 38 Section 14.2 On-street parking and shared parking anywhere within Westlake Vallecito may be counted towards meeting the off-street parking requirement for any use within Westlake Vallecito . Section 14.3 Parking may be located in structured garages provided the garages are located generally in the center of a property and wrapped with Condo Flats of allowed varying uses. Section 14.4 When structured garages are provided, adequate access from public rights-of-way via private drives and/or access easements shall be made readily available. Section 14.5 Speed bumps/humps are not permitted within a fire lane. Section 14.6 In the case of mixed uses, uses may share parking spaces where it can be demonstrated to the Town Manager the parking for two (2) or more uses occurs at alternating periods. Such shared parking shall be established in accordance with the following provisions: 1. It shall be demonstrated as a condition precedent to consideration of shared parking that such sharing of spaces will result in a reduction of at least ten (10) percent of the aggregate required parking for such uses. 2. The applicant shall submit a parking analysis, prepared by a registered engineer, to the Town Manager for his approval. Section 14.7 Up to se venty-five (75) percent of the parking spaces required for a theater or other place of evening entertainment (after 5:00 P.M.), or for a church, may be provided and used jointly by banks, offices, and similar uses not normally open, used, or operated during evening hours Section 14.8 Parking spaces shall be provided in accordance with the following requirements: 1. Bank, Savings and Loan, or similar Establishments: One (1) space per three hundred and fifty (350) square feet of gross floor area. 2. Boutique Hotel / Bed and breakfast facility: One (1) space per guest room in addition to the requirements for a normal residential use. 3. Business or professional office (general): One (1) space per three hundred and fifty (350) square feet of gross floor area except as otherwise specified herein. 4. Church, rectory, or other place of worship: One (1) parking space for each four (4) seats in the main auditorium. 5. College or University: One (1) space per each day student. 6. Community Center, Library, Museum, or Art Gallery: Five (5) parking spaces plus one (1) additional space for each five hundred (500) square feet of floor area in excess of one thousand (1,000) square feet. If an auditorium is included as a part of the building, its floor area shall be deducted from the total and additional parking provided on the basis of one (1) space for each four (4) seats that it contains. PAGE 29 OF 38 7. Commercial Amusement: One (1) space per five (5) guests at maximum designed capacity. 8. Condominium Residence: One (1) space per unit, plus 1 additional space for each bedroom beyond the second bedroom. 9. Dance Hall, Ballroom, Assembly or Exhibition Hall Without Fixed Seats: One (1) parking space for each four hundred (400) square feet of floor area thereof, as available to be shared with adjacent, full-time users. 10. Dwellings, Multifamily: One (1) spaces for unit with one (1) and two (2) bedroom units, plus one additional space for each additional bedroom above two (2) bedrooms. 11. Farmer’s Market: One (1) space for each five hundred (500) square feet of site area, as available to be shared with adjacent, full-time users. 12. Fraternity, Sorority, or Dormitory: One (1) parking space for each two (2) beds on campus, and one and space for each two beds in off campus projects. 13. Furniture or Appliance Store, Wholesale Establishments, Clothing or Shoe Repair or Service: Two (2) parking spaces plus one (1) additional parking space for each five hundred (500) square feet of floor area over one thousand (1,000). 14. Gasoline Station: Minimum of three (3) spaces for employees. Adequate space shall be provided for waiting, stacking, and maneuvering automobiles for refueling. 15. Health Studio or Club: One (1) parking space per four hundred (400) square feet of exercise area. 16. Hospital: One (1) space per employee on the largest shift, plus one (1) space per each bed or examination room whichever is applicable. 17. Hotel: One (1) parking space for each sleeping room or suite plus one (1) space for each one thousand (1000) square feet of commercial floor area contained therein. 18. Kindergartens, day schools, and similar child training and care establishments: shall provide one (1) paved off-street loading and unloading space for an automobile on a through “circular” drive for each twenty (20) students, or one (1) space per twenty (20) students, plus one (1) space per teacher. 19. Library or Museum: Ten (10) spaces plus one (1) space for every five hundred (500) square feet, over one thousand (1,000) square feet. 20. Lodge or Fraternal Organization: One (1) space per two hundred (200) square feet. 21. Medical or Dental Office: One (1) space per three hundred (300) square feet of floor area. 22. Facilities over twenty thousand (20,000) square feet shall use the parking standards set forth for hospitals. 23. Nursing Home: One (1) space per five (5) beds 24. Private Club: One (1) parking space for each one hundred and fifty (150) square feet of gross floor area. 25. Retail Store or Personal Service Establishment, Except as Otherwise Specified Herein: One (1) space per three hundred and fifty (350) square feet of gross floor area. 26. Restaurant, Restaurant with a Private Club, Café or Similar Dining Establishment: One (1) parking space for each one hundred and twenty-five (125) square feet of gross floor area for standalone buildings without a drive-through, and one (1) parking space for each four hundred (400) square feet of gross floor area for restaurants located within a multi- PAGE 30 OF 38 tenant buildings, and one (1) parking space for each one hundred and twenty-five (125) square for standalone buildings with a drive-through. 27. Assisted Living, Sanitarium, Convalescent Home, Home for the Aged or Similar Institution: One (1) parking space for each five (5) beds. 28. School, Elementary, Secondary, or Middle: One and one half (1 ½) parking spaces per classroom, or the requirements for public assembly areas contained herein, whichever is greater. 29. School, High School: One and one half (1 ½) parking spaces per classroom plus one (1) space per five (5) students the school is designed to accommodate, or the requirements for public assembly areas contained herein, whichever is greater. 30. Single Family, Attached: One (1) space per unit, plus one (1) space for each bedroom above the second bedroom. 31. Single Family, Detached: Two (2) spaces per home. 32. Theater, Sports Arena, Stadium, Gymnasium or Auditorium (except school): One (1) parking space for each four (4) seats or bench seating spaces. SECTION 15 UTILITY PLACEMENTS All utility lines and shall be underground. All utility equipment shall be underground to completely screened from view. SECTION 16 OPEN SPACES Section 16.1 The combination PD1-2 and PD1-3 shall contain 20% Open Space which is privately owned and publicly accessible. Open Space details shall be included in the Site Plan submittal. Section 16.2 Specific Features to be included in this open-space calculation include: 1. All constant -elevation water features, within free-board limits defined for storm water detention requirements 2. Open, public Plaza and gathering areas 3. Coliseum Acreage and improvements 4. Buffers along SH 114 5. Parkways and medians on streets with on-street parking 6. Other public facilities such as walks, plazas, courts, recreational amenities, water features and other similar uses not specifically used for vehicular access and parking. Section 16.3 The open space may not consist of any of the following elements: 1. Vehicular parking. 2. Required parking lot tree islands. 3. Building footprints. 4. Utility yards. 5. Detention areas not treated as described above. SECTION 17 GENERAL REQUIREMENTS PAGE 31 OF 38 Section 17.1 Development shall reflect the attached PD Concept Plan. (Exhibit 2) Section 17.2 Plats and/or Site Plans submitted for the development shall conform to the data presented and approved on the Concept Plan. 1. Minor changes or corrections on the Concept Plan, the Site Plan, the Landscape Plan or the Outdoor Lighting Plan may be authorized by the Town Manager, if such changes do not constitute a zoning change that would require public hearing and consideration by Planning and Zoning Commission and/or the Council, and the proposed changes do not: a. Alter the uses permitted, b. Increase the building height, c. Change density d. Reduce the building lines provided at the boundary of the site e. Significantly alter any open space plans. f. Affect quality standards. SECTION18 PUBLIC ROADWAYS AND STANDARDS Roadway Design Standards are prescribed and will adhere to Exhibit 5 are prescribed. SECTION19 PHASING PLAN A construction phasing plan is required with the submission of the Concept Plan and is attached as Exhibit 7 to this Ordinance. ARTICLE VI. EXHIBITS EXHIBIT 1 Legal Description of PD1-2 District EXHIBIT 2 PD Concept Plan EXHIBIT 3 Westlake Vallecito Development Standards EXHIBIT 4 Westlake Vallecito Design Standards EXHIBIT 5 Westlake Vallecito Public Roadway Standards EXHIBIT 6 Westlake Vallecito Residential Development Standards EXHIBIT 7 Construction Phasing Plan LEGAL DESCRIPTION PAGE 32 OF 38 EXHIBIT 1 Legal Description of PD1-2 District 85.90 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, the William Pea Survey, Abstract No. 1246 and the Joseph Henry Survey, Abstract No. 742, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 2, Block 1, Westlake/Southlake Park Addition No. 1, an addition to the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas, being on the northeasterly right-of-way line of Kirkwood Boulevard, a variable width right-of-way as dedicated by said Westlake/Southlake Park Addition No. 1 and being the beginning of a non-tangent curve to the left having a central angle of 9 degrees 13 minutes 11 seconds, a radius of 1428.00 feet and being subtended by a chord which bears North 47 degrees 49 minutes 50 seconds West a distance of 229.54 feet; THENCE along the northeasterly right-of-way line of Kirkwood Boulevard, a variable with right-of- way, as described in Dedication Deed to the Town of Westlake as recorded under instrument No. D208427746, Deed Records of Tarrant County, Texas the following: Along said curve to the left an arc distance of 229.79 feet to a ½ inch rod found with Graham cap at the end of said curve; North 52 degrees 30 minutes 14 seconds west a distance of 32.60 feet to ½ inch iron rod found with Graham cup beginning of a curve to the right having a central angle of 18 degrees 54 minutes 48 seconds, a radius of 612.00 feet and being subtended by a chord which bears North 43 degrees 02 minutes 03 seconds West a distance of 201.11 feet; Along said curve to the right an arc distance of 202.02 feet to a ½ inch iron rod found with Graham cap at the beginning of a compound curve to the right having a central angle of 24 degrees 06 minutes 47 seconds, a radius of 812.00 feet and being subtended by a chord which bears North 21 degrees 32 minutes 03 seconds West a distance of 339.22 feet; Along said curve to the right an arc distance of 341.73 feet to a ½ inch iron rod found with Graham cap at the end of a said curve; North 09 degrees 28 minutes 39 seconds West a distance of 132.24 feet to a ½ inch iron rod found with Graham cap at the beginning of a curve to the left having a central angle of 45 degrees 43 minutes 19 seconds, a radius of 708.00 feet and being subtended by a chord which bears North 32 degrees 20 minutes 19 seconds West a distance of 550.11 feet; Along said curve to the left an arc distance of 564.98 feet to a ½ inch iron rod found with Graham cap at the end of said curve; PAGE 33 OF 38 North 55 degrees 11 minutes 58 seconds West a distance of 190.50 feet to a ½ inch iron rod found with Graham cap; North 08 degrees 56 minutes 27 seconds West a distance off 21.41 feet to a ½ inch iron rod found with Graham cap on the easterly right-of-way line of Precinct Line Road, a variable width right-of-way, as described in Dedication Deed to Town of Westlake as recorded under Instrument No. D208427746, Deed Records of Tarrant County, Texas and being the beginning of a non-tangent curve to the left having a central angle of 16 degrees 09 minutes 21 seconds, a radius of 1,432.50 feet and being subtended by a chord which bears North 27 degrees 07 minutes 42 seconds East a distance of 402.59 feet; THENCE along the easterly right-of-way line of Precinct Line Road, the following; Along said curve to the left an arc distance of 403.92 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 18 degrees 47 minutes 24 seconds East a distance of 185.36 feet to a ½ inch iron rod found with Graham cap; North 17 degrees 03 minutes 03 seconds East a distance of 322.64 feet to a ½ inch iron rod found on the southerly right-of-way line of State Highway 114 (a variable width ROW); THENCE along the southerly right-of-way line of State Highway 114, the following; North 60 degrees 06 minutes 26 seconds East a distance of 44.54 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 32 seconds East a distance of 254.55 feet to a point for corner from which a Texas Department of Transportation brass disk in concrete found bears North 10 degrees 48 minutes 28 seconds West a distance of 0.43 feet; South 77 degrees 26 minutes 06 seconds East a distance of 746.74 feet to a Texas Department of Transportation brass disk in concrete found; South 71 degrees 03 minutes 31 seconds East a distance of 1443.85 feet to a Texas Department of Transportation brass disk in concrete found; South 62 degrees 34 minutes 19 seconds East a distance of 404.34 feet to a Texas Department of Transportation brass disk in concrete found at the beginning of a curve to the right having a central angle of 08 degrees 19 minutes 09 seconds, a radius of 2,709.79 feet and being subtended by a chord which bears South 58 degrees 24 minutes 45 seconds East a distance of 393.11 feet; Along said curve to the right an arc distance of 393.45 feet to a Texas Department of Transportation brass disk in concrete found; South 54 degrees 15 minutes 11 seconds East a distance of 399.24 feet to a Texas Department of Transportation brass disk in concrete found; PAGE 34 OF 38 South 64 degrees 19 minutes 50 seconds East a distance of 56.55 feet to a 5/8 inch iron rod found with “Huitt-Zollars” cap at the beginning of a non-tangent curve to the right having a central angle of 02 degrees 13 minutes 56 seconds, a radius of 2,754.79 feet and being subtended by a chord which bears South 43 degrees 17 minutes 37 seconds East a distance of 107.32 feet; Along said curve to the right n arc distance of 107.33 feet to a ½ inch rod found with “Huitt-Zollars” cap for the northeast corner of Lot 1, Block 1, of the aforementioned Westlake/Southlake Park Addition No. 1; THENCE departing the southerly right-of-way line of State Highway 114, North 90 degrees 00 minutes 00 seconds west along the north line of said Lot 1, Block 1, a distance of 2,132.54 feet to a 5/8 inch iron rod with “Carter-Burgess” cap found for the northwest corner of said Lot 2, Block 1, Westlake/Southlake Park Addition No. 1; THENCE South 52 degrees 00 minutes 00 seconds West along the northwesterly line said Lot 2, Block 1, a distance of 1000.00 feet to a 5/8 inch iron rod with “Carter & Burgess” cap found at an angle point in the west line of Lot 2, Block 1; THENCE along the west line of said Lot 2, Block 1, South 00 degrees 00 minutes 00 seconds East a distance of 168.55 feet to the POINT OF BEGINNING and containing 85.90 acres of land, more or less. PAGE 35 OF 38 P R E C I N C T B L V D. T X - 1 1 4 CO M M O N A R E A 5 4 , 2 1 3 S . F . A14.1 ACRES(614,175 S.F.)B14.26ACRES(621,336 S.F.) D 8. 4 2 A C R E S (3 6 6 , 6 3 5 S . F . ) C E 6. 8 3 A C R E S (2 9 7 , 5 1 1 S . F . ) L I N E R O A DS O L A N A ROW A(83,670 S.F.)ROW-C(272,892 S.F.)ROW-B(31,816 S.F.) 19 . 7 1 A C R E S (8 5 8 , 5 5 3 S . F . ) RO W - D (2 6 2 , 1 9 0 S . F . ) RO W - E (8 1 , 3 5 3 S . F . ) LA K E (3 7 2 , 1 4 8 S . F . ) Co n c e p t u a l S i t e P l a n ar c h i t e c t u r e ke v i n @ 7 d 4 . n e t 97 2 - 7 6 8 - 8 2 8 3 84 4 6 W i n g e d F o o t D r . Fr i s c o , T e x a s 7 5 0 3 4 se v e n d f o u r 12 / 3 / 1 2 0 75 15 0 30 0 GR A P H I C S C A L E I N F E E T SC A L E : 1 " = 1 5 0 ' 45 0 Phase I:BuildingsPaving Phase II:BuildingsPaving Phase III:BuildingsPaving Phase IV:BuildingsPaving Phase V:BuildingsPaving Ph a s e V I : Bu i l d i n g s Pa v i n g Lake Westlake Vallecito Concept Plan Key Updated with Summary of Total Building Sqft at bottom of sheet Updated: 12/4/2012 Block A 1st Floor Retail Stories Upper floors Use Residential Units Hotel Room s A-1 15,000 12 16,800 Bell Tower Retail 9 A-2 2,100 1 - Corner Retail - A-3 3,200 1 - Curio Retail - A-4 42,300 2 42,300 Retail / Office - A-5 3,800 1 - Retail / Office - A-6 55,000 1 Movie Theater - A-7 55,000 1 Grocery - A-8 4,800 1 - Farmers Market 4 A-9-R 23,800 3 14,700 Retail / Condo 6 A-10 13,800 1 - Retail - A-11-R 10,200 3 20,400 Retai/ Condo 10 A-12 8,600 2 5,500 Office / Condo 2 A-13 9,200 1 - Retail - A-14 2,500 1 - Retail - A-15 2,600 1 - Retail - A-16 2,100 1 - Retail - Block B B-1 38,600 3 77,200 Office Condo B-2-R 10,500 3 21,000 Res. Condo 6 B-3-R 22,600 45,200 Townhome 5 B-4-R 2 34,000 Coliseum Condo 16 B-5-R 8,200 3 16,400 Res. Condo 6 B-6 5,100 3 10,200 Office Condo - B-7 - 3 15,800 Office Condo - B-8 - 3 12,400 Office Condo - B-9 - 1 24,500 Office Condo - B-10-R - 2 43,500 Res. Condo 6 B-11 - 3 63,000 Office Condo - B-12-R - 2 43,500 Res. Condo 6 B-13 - 2 31,500 Office Condo B-14 18,000 2 18,000 Retail/Office B-15-R - 3 39,000 Townhome 7 Block C C-1 16,000 3 27,600 Retail / Office C-2-R - 3 18,750 Res.Condo 5 C-3-R - 3 24,500 Res.Condo 4 C-4-R 41,000 7 246,000 Flats 137 C-5 39,750 7 238,500 Hotel & Tower 150 Beds C-6 100,000 Conf. Center C-7 35,000 7 210,000 Hotel - 269 Beds C-8 23,500 10 211,500 Hotel - 321 Beds C-9-R - 7 317,900 Ind Living 289 C-10 2,200 2 1,500 Curio retail - C-11 1,500 2 1,500 Curio retail - C-12 1,500 2 1,500 Curio retail - C-13 1,500 2 1,500 Curio retail - C-14 1,500 2 1,500 Curio retail - Block D D-1 164,500 Assisted Living - D-2-R 13,900 3 27,800 Res. Condo 18 D-3 9,900 Artists Colony D-4 - 4 120,000 Med Office - D-5 - 4 86,000 Med Office - D-6 2,100 14 29,400 Tower 9 D-7-R 2 4,000 SF Detached 1 D-8-R 2 4,000 SF Detached 1 D-9-R 2 4,000 SF Detached 1 D-10-R 2 5,500 SF Detached 1 D-11-R 2 5,500 SF Detached 1 D-12-R 2 5,500 SF Detached 1 D-13 3 8,500 Med Office - Block E E-1 2 20,800 City Hall E-2 1 12,000 Noah Center - E-3-R 2 3,600 SF Detached 1 E-4-R 2 3,800 SF Detached 1 E-5 - 1 3,600 Chapel E-6-R - 2 4,100 SF Detached 1 E-7-R 2 2,950 SF Detached 1 E-8-R 2 3,650 SF Detached 1 E-9-R 2 3,975 SF Detached 1 Residential Units 557 1st Floor Retail Upper floor space of Multi-Story Buildngs 536,450 2,471,750 Total Building Square Footage:3,008,200 sqft November 27, 2012 PAGE 1 PLANNED DEVELOPMENT NO. 1-2 EXHIBIT 3 WESTLAKE VALLECITO DEVELOPMENT STANDARDS PLANNED DEVELOPMENT PURPOSE AND INTENT: “Re-Knitting the Fabric of Our Society” Senator Rick Santorum While striving to achieve what we thought was our dreams, America has forgotten how to live well. The cookie cutter culture of efficient and profitable housing options has left us with an environment devoid of shared spaces and diverse neighborhoods. There are places in the world that were built to help people enjoy each other’s company in beautiful surroundings – to be entertained and delighted by the mere act of being there. When Westlake Vallecito is at it’s best, the traditions of community are rediscovered in the heart of Westlake. Westlake Vallecito isn’t a new concept but it isn’t old either. The shops and amenities cater to the modern needs of residents and visitors. Stone speaks of permanence. Narrow streets rich with activity create perceptions of a place that existed long before we became slaves to our automobiles. This Planned Development is intended to promote the compatible mixed-use development of retail, office, hotel, attached and detached residential, vertically- integrated mixed-use buildings, Artisan suites and core Civic uses such as Town Halls, Performing Arts Centers, Libraries and Educational Facilities in a pattern evocative of small European Village Centers. Parking Facilities will be shared to the maximum extent practical and pedestrian connections will be emphasized. The small, European Village, as it evolved over hundreds, if not thousands of years, naturally provided for development that contains a compatible mix of residential, office, residential and commercial uses within close proximity to each other, rather than separating uses. The use provisions define land uses and the siting and character of the improvements and structures allowed on the land in a manner that encourages a balanced and November 27, 2012 PAGE 2 sustainable mix of uses. These uses may be combined either vertically in the same building, or horizontally in multiple buildings, or through a combination of the two within the same block, building or parcel. Multi-use buildings are intended to copy the size, scope and scale of the variety of buildings found in a typical small, European Village. Variety of massing along the streetscape will create the opportunity for Westlake Vallecito to maintain the authentic feel of a Village that has grown organically over hundreds of years. Additionally, the Design Standards are intended to promote an efficient pedestrian- access network that connects the nonresidential and residential uses. The Planned Development generally addresses the physical relationship between development and adjacent properties, public streets, neighborhoods, and the natural environment. This is accomplished by the following: November 27, 2012 PAGE 3 • Ensuring site design that mimics the naturally efficient pedestrian patterns that have evolved naturally in small, European Villages. • Ensuring the creation of high quality street and sidewalk environments that are supportive of pedestrian mobility and that are appropriate to the roadway context. • Ensuring large sites are developed in a manner that supports and encourages connectivity and creates a cohesive visual identity and attractive street scene. In order to implement this vision, the standards affecting development are intended to be consistent with the overall goal. The purpose of these Development Standards is to define the character of new development within Westlake Vallecito. These requirements have been carefully designed to allow enough flexibility for creative building solutions, while being prescriptive in areas necessary to preserve consistency throughout the development. Specifically, these seven key design elements are outlined here as guideposts for the evolution of Westlake Vallecito: 1. Centrally located parking areas 2. Use of structured parking 3. Variety of building size and shape 4. Orientation of buildings to other buildings and the street 5. Multiple building faces (4-sided building design) 6. Pedestrian friendly environment 7. Use of public art, sitting areas and gathering spaces throughout Key Development Features: Plaza Mayor Vallecito: A key feature of any European is the Plaza, where many important public gatherings, speeches and rites of passage of the Village Residents occur. Within Westlake Vallecito, this specific portion of the development is designed to imitate the Piazza San Marco and the Plaza Mayor Salamanca, in shape, size and pedestrian scale. Exterior elevations of this conglomerate of structure will imitate the two Plazas and several other architecturally significant Spanish Building including the Monestario el Escorial and Las Huelgas. November 27, 2012 PAGE 4 Several key Village components will be provided within this Plaza including some but maybe not all of following: Residential, Office, Medical Office, Hotel, Retail, Restaurant, Independent Living and Assisted Living. Artisan Suites on a temporary and/or permanent basis may also be included in the Plaza portion of the development. All parking required for the residential components of the plaza to be contained in an attached structured parking component, with the first floor of this parking structure to be accessible to the public to service the retail and other non-residential uses that may be utilized on the first floor of the plaza. November 27, 2012 PAGE 5 November 27, 2012 PAGE 6 November 27, 2012 PAGE 7 November 27, 2012 PAGE 8 November 27, 2012 PAGE 9 Teatro Romano de Vallecito: November 27, 2012 PAGE 10 Modeled after the Teatro Romano de Merida, this proposed Public facility may be built in a Public/Private Partnership allowing for Town of Westlake Ownership. As with the original, the Teatro is to seat approximately 5,000 patrons. Taking advantage of the existing topography in Vallecito, the location for this facility allows it to be built into the hillside, as was done almost 2,000 years ago. November 27, 2012 PAGE 11 November 27, 2012 PAGE 12 Residential Condos: The intent of these structures is to mimic the varied, attached residential component found naturally in the small, European Village. Changes in Massing of the structures to be accomplished through the variety in the number of units and the orientation of the garage doors, where applicable. November 27, 2012 PAGE 13 November 27, 2012 PAGE 14 Single-Family, Detached Residences: These homes are proposed to provide a complete mix in Residential Housing types within the Village, and to maximize the opportunities for ownership of key and unique architecturally significant features of the Village. November 27, 2012 PAGE 15 November 27, 2012 PAGE 16 Coliseum Town homes and/or Offices: It is the intent of the Developer to construct a ring of Town homes and/or Office Condos along the upper edge of the Coliseum. These Town homes and/or Office Condos will provide structure and closure to the facility. Condo Flats wrapping Parking Structures: Where applicable, the intent of this PD is to accommodate the construction of Condo Flats as a surround to the Parking Garages. These Condo Flats may also be used for Residential, Office, or Storage units, with the option to provide direct access doors on the Parking Structure face of the Condo Building. November 27, 2012 PAGE 17 November 27, 2012 PAGE 18 BRIDGES AND WATER FEATURE: Key to Westlake Vallecito will be the creation of a large-scale water feature with several Signature Bridges. The water feature is to bring cohesiveness to the Village while creating spectacular streetscapes. It is expected that several operating boats may be placed on this water feature to provide services such as a café, diner, boutique hotel or other similar curio uses. LANDSCAPING: Most public streets, private streets, plazas, gathering areas, alleys and/or pedestrian access corridors within Westlake Vallecito shall not have any landscaping, to retain authenticity to the small, European Village. Some plantings may be accommodated in large-scale containers, so that they may be relocated for public events. November 27, 2012 PAGE 19 November 27, 2012 PAGE 20 November 27, 2012 PAGE 21 November 27, 2012 PAGE 22 Architectural Embellishments: BUILDING ENTRIES: November 27, 2012 PAGE 23 AWNINGS, CANOPIES, ARCADES, & OVERHANGS: PROJECTIONS INTO RIGHTS-OF-WAY: November 27, 2012 PAGE 24 Sky Bridge over Walkways, Streets and Public Access Easements: November 27, 2012 PAGE 25 Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 1 Nothing will be done, written, or said unintentionally. Westlake Vallecito will stand out in sea of sameness. If our goal is to change the way people think about community, we will meticulously design our environment, and our communications, to be in contrast to the status quo. We are deliberately thinking, speaking, and living differently. Design Principles Overall planning and building arrangement should create a compact pedestrian-scaled environment mimicking the scale and livability of a small, European Village that has evolved organically over hundreds, if not thousands of years. Individual buildings should be designed to reinforce the pedestrian-orientation of the Village, with an extreme focus on attention to detail and the inclusion of 4-sided building design within the framework of the small, European Village upon which this community is based. As new buildings are constructed, building facades should utilize building elements and details natural to the selected sub-region of Spain while ensuring the selected materials are native to Texas as well. Native Stone design elements will be key in tieing the entire Village together architecturally, while allowing for the natural progression and evolution of individual building design as construction occurs in market- defined phases. · Compatibility is not meant to be achieved through uniformity, but through the use of variations in building elements to achieve individual building identity. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 2 Building Design Building Massing and Scale: A building’s massing is its exterior volume and its scale is the relationship of its overall size and its component parts with its adjoining buildings, spaces, and people. · A building’s massing should relate to its site, use, and to the massing of adjacent buildings. · A building’s massing should serve to define entry points and help orient pedestrians. · The scale of individual building facade components should relate to one another and the human scale, particularly at the street level. · Buildings and/or facades should emphasize and frame or terminate important vistas. Building Rhythm: A building’s rhythm is the pattern created by the regular recurrence or alteration of its constituent architectural components. · Variations of the rhythms within individual building facades should be achieved within any block of building facades. · Breaks in the predominant rhythm may also be used to reinforce changes in massing and important elements such as building entrances or pedestrian pass-throughs. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 3 Architectural Elements: Architectural elements are the individual components of a building, including walls, doors, windows, cornices, parapets, roofs, pediments, and other features. Architectural elements should be designed to the appropriate scale and proportions of the selected architectural style. Architectural elements, such as canopies, awnings, roof and floor overhangs, and colonnades should be provided as appropriate to protect pedestrians, help unify parts of a building or block, provide human scale, or provide a backdrop for signage and graphics. Attention to detail for each building to constructed within Westlake Vallecito is where the Architectural Elements will become prevalent, and is a key separation between a true Village and other developments. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 4 Building Design Entrances: The design and location of building entrances in the Downtown district are important to help define the pedestrian environment and create retail-friendly environments. · Entrances should be easily identifiable as primary points of access to buildings. · Building entrances may be defined and articulated by architectural elements such as lintels, pediments, pilasters, columns, porticos, porches, overhangs, railings, balustrades, and others, as appropriate. All building elements should be compatible with the architectural style, materials, colors, and details of the building as a whole. · Entrances to upper level uses may be defined and integrated into the design of the overall building façade. Façade Treatments: Façade treatments are that portion of a building’s street façade elevation extending from the ground to the roof that consists of a single layer or architectural expression. · All sides of a building shall be consistent with respect to style, colors, and details only to the extent they establish continuity with the main street front facades. · On facades fronting on service or parking areas and along secondary streets, windows need not be provided at the ground level. However, buildings should avoid long, monotonous, uninterrupted walls. Building wall off-sets, including projections, recesses, niches, fenestration, or changes of materials or color shall be used to add architectural variety and interest, and to relieve the visual impact of a blank wall. · Parapet and roof-line offsets between facades may be provided in order to break down the scale of the block and create architectural interest and variety. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 5 Building Design Storefronts: Storefronts on façade treatments that span multiple tenants shall use architecturally compatible materials, colors, details, awnings signage, and lighting fixtures. Trademarked signage is to be incorporated within these storefront façade treatments whenever possible. Lighting: The placement and orientation of lighting can be a critical part of creating an inviting and safe downtown/uptown environment. · Exterior lighting shall be architecturally integrated with the building style, material, and color. · Lighting intensities shall be controlled to ensure that excessive light spillage and glare are not directed toward neighboring areas and motorists. · Pedestrian level lighting of building entrance-ways should be provided. · Illuminations of portions of buildings, direct or indirect, may be used for safety or aesthetic results. Pad Site Buildings: For a building that occupies a pad, the building should have similar design characteristics as the remainder of the project. This includes use of similar materials, patterns, rhythms, and proportions. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 6 Signage: · Signage in Westlake Vallecito shall enhance the pedestrian character of the districts by providing signs that are pedestrian in scale and located so as to be legible to pedestrians the sidewalks, where line-of-sight visibility for the signage is on a pedestrian scale. · Where signage is intended to have line-of-site visibility from the adjacent major highways (SH 114, Solana Boulevard, and/or Precinct Line Road), the scale and placement of the signage may be adjusted to accommodate these longer site lines and higher travel speeds. · Directory signs may be provided to help direct the public to different businesses and services within Westlake Vallecito. These may be provided at prominent locations in the downtown or uptown. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 7 Signage: · Signs may be attached flush to the building so long as they do not obscure any significant architectural details. Trademarked Signage shapes, designs, colors and lighting to be allowed within Westlake Vallecito, so long as predominant site lines are the prevailing factor used in scale, placement and orientation on the building. · Signs may be hung from marquees or overhangs, but shall not project lower than 7.5’ above the sidewalk. Signs may also be hung in front of store-front windows. · Businesses are encouraged to create individually styled signage that distinguishes their establishment. · Signs which are pedestrian oriented may be painted on the storefront glass, but in no case shall it occupy more than 25% of the glazed surface area. · Signs may be lit by external light sources as long as such sources are not visually intrusive. Sandwich Boards are encouraged for street-side advertisement Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 8 Public Streetscape Realm Design Although not all streets within Westlake Vallecito will be Public, it is important to focus on the portion of streets that will be within Public Right- of-Way. The Streetscape is that portion of a street that accommodates both social and business activity. It extends from the face of the building or edge of the private property to the face of the curb defining the Public Right-of-Way, where applicable within Westlake Vallecito. A well designed streetscape is important to a street’s function as a public place and is the most extensively used civic space in a Village. · The streetscape consists of the following four distinct functional zones: Edge Zone: The area between the face of the curb and the Furnishing Zone. An area of required clearance between parked vehicles or traveled way and accessories or landscaping. This area shall be a minimum of 18” to facilitate the door swing of a parked car and prevent conflicts with elements within the Furnishing Zone. Furnishing Zone: The area of the roadside that provides a buffer between pedestrians and vehicles. Items which shall be located in this zone, to minimize impact on the Throughway Zone include; street trees, planting strips, street furniture, utility poles, sidewalk vaults, newspaper racks, cabinets, traffic signal cabinets, fire hydrants, bicycle racks, etc. A typical dimension for this zone is 4’-6’. Throughway Zone: The walking zone which must remain clear, both horizontally and vertically, for the movement of pedestrians. Frontage Zone: The distance between the Throughway Zone and the building front or property line used to buffer pedestrians from window shoppers, accessories, and doorways. It may contain private street furniture, signage, merchandise displays, etc. and can also be used for restaurant seating. · Intersections and Crosswalks: Intersections shall be as compact as practical. They shall minimize crossing distance as well as crossing time, minimize exposure to traffic, and encourage pedestrian travel. Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 9 Public Streetscape Alternatives: Westlake Vallecito Design Guidelines The Village Company, Anno Domini 2012 10 Public Realm Design Public Parks and Open Spaces: Publicly accessible parks and open space organize and reinforce neighborhood structure. They offer a wide variety of passive and active recreational experiences ranging in size and type, but together, they create an integrated system enhancing livability, natural appearance, and ecological values while providing gathering places and interaction opportunities for the community. · Public parks and open spaces should be visible and easily accessible from public areas such as building entrances and adjacent streets and sidewalks. Within these parks, ample seating should be provided, including walls, ledges, and other raised surfaces which can serve a similar purpose. Active uses such as retail, cafes, restaurants, higher density residential and office uses which provide pedestrian traffic should be considered as appropriate uses to line public parks and open spaces. October 18, 2012 PAGE 1 PLANNED DEVELOPMENT NO. 1-2 EXHIBIT 5 WESTLAKE VALLECITO PUBLIC ROADWAY DESIGN STANDARDS October 18, 2012 PAGE 2 October 18, 2012 PAGE 3 October 18, 2012 PAGE 4 October 18, 2012 PAGE 5 October 18, 2012 PAGE 6 October 18, 2012 PAGE 7 October 18, 2012 PAGE 8 October 18, 2012 PAGE 9 October 18, 2012 PAGE 10 Exhibit 6 Westlake Vallecito Residential Development Standards Residential Ad Valorem Tax Roll: Upper-Floor of Small footprint, Two- and Three-Story Buildings with First-Floor Restaurant/Retail/Office Use This style of Residential Condo to be restricted to 2 bedrooms per Unit Maximum 8 # of Permitted Buildings as Two and Three Story Residential Condo-Flats 3 Maximum Number of Residential Condos allowed within each building 24 Total Maximum Number of this style of Residential Condo $ 220 Expected Sales Price per sq. ft for this style of Residential Condo $ 9,504,000 396,000 Expected Average Sales Price for an 1,800 sq. ft, 2 bedroom Condo. Bell Tower Floors as a Potential Residential Condo Use: This style of Residential Condo to be restricted to 2 bedrooms per Unit Maximum This use is separate from a Hotel - Suite 3 # of Permitted Towers on the Site 9 Maximum Number for floors per Tower to be eligible for Potential Residential Use 27 Total Maximum Number of this style of Residential Condo $ 220 Expected Sales Price per sq ft for this style of Residential Condo $ 7,128,000 264,000 Expected Average Sales Price for a 1,200 sq ft, 1 bedroom Condo. Small, Clustered, Individual, All-Residential Condo Buildings for Architectural Variety This style of Residential Condo to be restricted to 2 bedrooms per Unit Maximum These are stand-alone buildings, dispersed throughout the Village, for Architectural Variety 6 Maximum Number of these buildings permitted 18 Maximum Number of units per any one building 30 Total Maximum Number of this style of Residential Condo $ 210 Expected Sales Price per sq ft for this style of Residential Condo $ 9,450,000 $ 315,000 Expected Average Sales Price for an 1,500 sq ft, 2 bedroom Condo. Single-Family, Detached Homes: 12 Maximum number of SF Homes Permitted within Westlake Vallecito 2400 sq ft min Home Size $330 per sq ft sales price $ 15,840,000 $1,320,000 Average Sales Price for a 4000 sq ft home Attached Townhomes (Row Homes and/or Brownstone-Style) 24 Maximum Number for this type of Home 1800 Sq ft Minimum Home Size for this type of Home $ 275 per sq ft sales price $ 15,840,000 $ 660,000 Average Sales Price for 2400 sq ft Townhome Attached Townhomes (Coliseum Wrap, 2 Story Homes with Drive-Under Garage) This style of Townhome to be restricted to 2 bedrooms per Unit Maximum 16 Maximum Number for this type of Home 1800 sq ft Minimum Home Size for this type of Home $ 250 per sq ft sales price $ 9,600,000 $ 600,000 Average Sales Price for 2400 sq ft Townhome Plaza Mayor: 137 Flats in the Plaza Mayor Complex: Average Rent is based upon $1.80/sq ft, and includes Concierge Service from Hotel # of Units Beds aver sq ft Ave Rent Total Sq ft 69 1 1,200 $ 2,160 82,800 48 2 1,600 $ 2,880 76,800 20 2 w/ study 2,000 $ 3,600 40,000 2 bedroom with Formal Study w/closet $ 29,940,000 137 199,600 289 Age-Restricted / Independent Living Flats in the Plaza Mayor Complex: Average Rent is based upon $1.80/sq ft, and includes Concierge Service from Hotel # of Units Beds aver sq ft Ave Rent Total Sq ft 29 Efficiency 800 $ 1,440 23,200 115 1 1,200 $ 2,160 138,000 101 2 1,600 $ 2,880 161,600 44 2 w/ study 2,000 $ 3,600 88,000 2 bedroom with Formal Study $ 61,620,000 289 410,800 $ 158,922,000 Total Residential Ad Valorem Total Units By Use: 12 Single Family Detached Homes 121 Fee-Simple Owner occupied Townhomes and Condominiums 289 Age Restricted /Independent living Flats (Apartment rental units) 137 Flats (Apartment Rental units) 559 Total Proposed Residences Page 1 of 2 estlake Town Council TYPE OF ACTION Regular Meeting - Action Item Westlake Planning & Zoning Commission Meeting Monday, December 10, 2012 Westlake Town Council Meeting Monday, December 10, 2012 0T TOPIC: Public Hearing and Consideration for Approval of an Ordinance Amending the Permitted Uses and Development Regulations of Planning District 1-3 (PD1-3) Including Permitted Use Regulations and Residential Development Standards Including Height, Lot Size, Building Lines, Building Design, Minimum Floor Area, Landscaping, Drainage, Concept Plan, and Other Development Standards for Said PD1-3 to Allow for a Single-Family Residential Development on an 84 Acre (approx.) Tract Located at the Northeast Corner of FM 1938 (Davis Blvd) and Dove Road. STAFF CONTACT: Eddie Edwards, Director of Planning and Development DECISION POINTS Start Date Completion Date Timeframe: December 10, 2012 December 10, 2013 Funding: Amount - None. Status- N/A Source- N/A . Decision Alignment VVM Perspective Desired Outcome Sense of Place Financial Stewardship CF.Enhance and Maintain a Sense of Community Strategic Issue Outcome Strategy Staff Action Page 2 of 2 Comprehensive Planning and Management of Natural Resources N/A SA 09D1: Ordinances Strategy Map or VVM Connection Strategic Issue Connection EXECUTIVE SUMMARY Consideration of amend ing the PD1-3 planning area regulations which include new land uses and development standards. ORGANIZATIONAL HISTORY/RECOMMENDATION The property is currently zoned for Office, Hotel and Retail uses. The owner/applicant seeks an amendment to the PD1-3 Planning Area regarding the permitted uses to allow development of a single-family residential development. More specifically, the development of an 89 lot single- family detached residential sub-division on an approximately 84 acre tract. (approx.. 90 gross acreage). The applicant/developer has indicated to staff that homes in this development will be in the $1.0 million range (approx..). Estimated value of improvements to the property if developed is approximately $89 million. Staff recommends approval as submitted per the propo sed ordinance, staff recommendations, and the concept plan. ATTACHMENTS 0T 1. Site Location Map 2. Staff Report 3. Ordinance Including Exhibits a. Legal Description of PD District b. PD1-3 Concept Plan 1 TOWN OF WESTLAKE, TX STAFF REPORT TO PLANNING & ZONING COMMISSION/TOWN COUNCIL PD1-3 Zoning Amendment and Concept plan I. CASE INFORMATION Case No. Z – XX-XX Date: 12-10-2012 Request: Applicant is requesting approval of the following: Zoning amendment _X__ (PD1-3; PD1, Planning area 3) Concept Plan _X__ Development Name: Granada Location: Subject property is an approximate 84 acre tract of land generally located at the northeast corner of FM1938 and Dove Road, extending north to Solana Blvd. The property extends easterly stopping in alignment with the northwest corner of the Glenwyck Farms sub-division. Owner: Centurion American Developer: Centurion American Zoning: PD1-3 Acres: 84.28 (92.24 acres including right-of way dedications) Proposed Uses: Single-family residential. One (1) dwelling per acre gross density with minimum 20,000 square foot lots. II. STAFF REVIEW COMMENTS 1. General This is a request for approval of an ordinance amending Planning Area 3 of the PD1 Planned Development Zoning District. (PD1-3). The amendment will apply only to the planning area indicated. The permitted uses and design standards contained in the proposed Ordinance for this district were created with 2 regulations specifically geared towards giving the Town the ability to ensure that the development will meet the high standards that Westlake has become known for. At build out the development will include approximately $89,000,000 in improvements that will be added to the ad valorem tax base. The proposed development will contain 89 residential lots of varying sizes ranging from 20,900 square feet to 36,734 square feet. For comparison purposes the two subdivisions in closest proximity to this site, Vaquero and Glenwyck farms have lot sizes starting at 12,566 square feet and 3483 square feet respectively. Eighty percent of the lots in Glenwyck Farms are less than one acre. The gross density of the development will be approximately one (1) dwelling per acre compared to Glenwyck Farms at .8 dwellings per acre. The close proximity of an existing office campus and the fact that the development will back up to a six-lane divided major thoroughfare make the perimeter Public Open Space a crucial element to keeping the neighborhood a desirable place to live. For this reason staff feels it is more important to have smaller lots that do not extend out to the right-of-way than to have larger lots without the Open Space separation from the roadways. The perimeter landscape buffer along with higher development standards incorporated into the Planned Development ordinance should keep the homes in Granada relatively close to the same price points as those in Glenwyck Farms. We are anticipating the average home price to be just under one million dollars. The twenty-percent increase in density should have minimal additional impact on traffic, noises, or town services. The higher density does however, have a positive impact on the financial sustainability of the town by getting more houses connected to the water and sewer system per one-hundred feet of piping. 2. Concept Plan The Concept Plan shows 89 single family lot configured into a residential development to allow what essentially is a linear park comprised of privately maintained, public accessible trails (which ties into our Master Trail Plan) on the perimeter of the development. The development in this zoning district would be required to have full masonry walls, the design for which would be approved by 3 staff as a part of this Concept Plan. The staff has also worked with the applicant to establish variation in minimum front setbacks avoid visual monotony within the development. The preliminary plat will finalize these front setbacks. The Concept Plan incorporates design elements from the Town’s FM 1938 Streetscape Plan into the design along the side of the subject tract that adjoins FM 1938. Other design elements, such as a water feature, as well as a chapel structure (in the middle of the development) are also incorporated into the design as shown on the Concept Plan. 3. Setbacks/Building Lines Proposed for Granada R0.5 zoning district Glenwyck Farms Vaquero lots < 30,000 s.f. Front 25 ft. min. 35 ft. min. 40 ft. min. 35 ft. min. Rear 35 ft. min. 35 ft. min. 40 ft. min. 35 ft. min. Side 15 ft. min. 15 ft. min. 20 ft. min. 15 ft. min. 4. Site Design Site Plans have not been required for residential developments because the structures have not been designed at this point and the structure design and location will drive the landscaping, both of which are required to be shown on a Site Plan. A Concept Plan, along with the all of the regulations contained in the proposed Planned Development ordinance, provide adequate strong direction and controls on design and development standards in order to obtain the high quality development product that is intended. 5. Conformance with Comprehensive Plan This application is consistent with the Town’s recently amended Comprehensive Plan, its goals and objectives, and its policies as it relates to land use and site development. 6. Building Design, Architecture, and Screening The building design, architectural, and screening regulations contained in the Planned Development ordinance and the Concept Plan were created with the goal in mind of Granada appearing at build out as a high end custom home sub- 4 division similar to the high quality development achieved in both Vaquero and Glenwyck Farms sub-divisions. 7. Landscaping and Landscape Screening Common areas. The common areas around the perimeter of the project will be a combination of preserved natural landscaping in area of dense tree growth, and newly planted landscaping designed with staggered heights and clustering of plants and trees to break up and soften the view of the perimeter wall. The developer will install all of the landscaping and improvements included in the FM 1938 Streetscape Plan, much of which is shown on the Concept plan. Some elements have not been shown on the Concept Plan but will be included as development progresses and final determination of the best locations can be field approved. Home sites. Each home site will comply with the Roadway landscape Zone requirements. Additionally they will be required to have Flower beds around all of the foundation and covering twenty percent of the front yards. Where the landscaping included in the Public Open Space, that surrounds the sub-division, doesn’t provide enough trees between a lot and the roadway, trees will be required in rear yards to provide screening and sound buffering. 8. Parking The ordinance requires three covered parking spaces per dwelling. Garages may not face the street unless further back from the street than the Side facing garage. 9. Fire Lanes Because this sub-division will only have a single entrance and exit, an emergency access route is required. The emergency route will be a fire lane paved with open pavestones that permit grass to grow through them giving the appearance of open landscaped area but having the ability to support emergency vehicles in all weather conditions. 10. Access/Streets/Thoroughfare Plan 5 The primary entrance and exit for the sub-division will be off of Solana Blvd. which is classified as a Major Boulevard Collector. Solana Blvd. connects with Hwy 114 and FM 1938, a Major Collector. 11. Street/Highway Right-of-Way Dedication Requirements No additional right-of-way dedication is required for this project. 12. Pedestrian Circulation Pedestrian circulation and connectivity with the Town’s network of trails will be accomplished with the Public Open Space trails. The applicant’s Concept Plan indicates that the subject site, although gated to limit vehicular access, will be accessible to pedestrians. 13. Lighting Compliance with all Town of Westlake ordinances as well as the International Dark Skies design guidelines is required for this PD. All lighting fixtures will be submitted to and reviewed/approved by staff prior to installation. 14. Tree Mitigation A tree mitigation plan will be submitted and will be reviewed by Town staff for compliance with Town ordinances. Tree mitigation will occur both on site and off site. The tree mitigation plan may be modified as the project progresses and will be monitored by town staff. Approval of this Concept Plan is not granting approval of the tree mitigation plan. 15. Signage The signage shown on the approved concept plan will be the only signage allowed other than signs specifically permitted for residentially zoned properties by other Town ordinances. 16. Utilities (including on and off-site extensions and easement dedications) Water and sewer utilities for this site are provided by the Town of Westlake. Off- site water and sewer line extensions to serve the site are the responsibility of the developer. All on-site electric utility lines, new or existing, will be placed 6 underground. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. 17. Storm water retention and detention The developer’s engineer has told Town staff that the drainage plans that will be submitted with the Preliminary Plat will detail how they will be able to develop the sub-division and through retention and detention and other design features, have a lower rate of flow after development and build-out than is being experienced today. Town engineers will confirm their calculations prior to permitting any infrastructure improvement work permits. ________________________________________________________________ III. STAFF RECOMMENDATIONS Staff recommends approval of this Zoning Amendment and Concept Plan as submitted with the following stipulations: 1. Developer Agreement A Developer Agreement shall be approved prior to the commencement of construction activities related to the development of the sub- division. 2. Tree Mitigation: Tree mitigation will occur both on site and off site, in compliance with Town ordinances prior to acceptance of the sub-division and issuance of building permits unless otherwise stipulated in a Developer’s Agreement. 3. Park Land Dedication: Park Land Dedication requirements shall be addressed via a Developer’s Agreement prior to the approval of the Preliminary Plat. 4. Sequencing of improvements: All landscaping and improvements located with the right-of-way along FM 1938 and Solana Blvd. shall be completed prior to acceptance of the sub-division. 7 1 PD1-3 PLANNED DEVELOPMENT 1 PLANNING AREA 3 ORDINANCE NO. 693 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS TO AMEND THE ZONING FOR AN APPROXIMATELY 84.04 ACRE TRACT OF LAND IDENTIFIED AS PLANNING AREA 3 OF THE PD1 PLANNED DEVELOPMENT DISTRICT (PD1-3), GENERALLY LOCATED IN TARRANT COUNTY, TEXAS; FROM THE USES PERMITTED IN THE "PD1" PLANNED DEVELOPMENT DISTRICT BEING, OFFICE, HOTEL AND CONFERENCING, EDUCATIONAL, GOVERNMENTAL, SPORTS AND HEALTH CLUB, AND RETAIL USES, TO SINGLE FAMILY RESIDENTIAL AND RELATED ACCESORY USES; DEFINING CERTAIN TERMS; DESCRIBING AND INTERPRETING THE PD CONCEPT PLAN; REGULATING PERMITTED USES, HEIGHT, LOT SIZES, BUILDING LINES, BUILDING DESIGN, MINIMUM FLOOR AREA, PARKING, LANDSCAPING, DRAINAGE AND OTHER DEVELOPMENT STANDARDS AND; PROVING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on August 24, 1992, the Town Council adopted a Comprehensive Plan (the "1992 Comprehensive Plan") for the Town; and WHEREAS, on November 16, 1992, the Town Council (sometimes referred to as the "Council") of the Town of Westlake, Texas (the "Town"), adopted a Comprehensive Zoning Ordinance (the "Zoning Ordinance"); and WHEREAS, the Zoning Ordinance has been amended by the Council after receiving recommendations from the Planning and Zoning Commission (the "Commission"); and WHEREAS, on September 15, 1997, based on the recommendations of the Commission, the Town Council amended the Zoning Ordinance and the subdivision regulations by the adopting of a Unified Development Code (the "UDC") for the Town; and WHEREAS, there is located within the corporate limits of the Town an approximately 84.04-acre tract of land (commonly known as Planning Area 3 of the PD1 zoning district, being the portion of the PD1 zoning district bounded by Dove Road to the south, FM 1938 to the east, and Solana Boulevard to the north); and WHEREAS, because of the size, location, and natural features of the Planning Area and the Town's need for public infrastructure, amenities, and services, the Town has a critical interest 2 in the development of the Planning Area and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, because of improvements to FM 1938, further urban growth throughout the region, and other changed conditions that affect the region, the Town believes there are unique and significant opportunities for residential uses within the Planning Area that will be consistent with the Town's long-term development vision; and WHEREAS, the suitability of the Planning Area for such planned uses can be enhanced through modifications to the development regulations governing the Planning Area, including modifications to the zoning, subdivision and other standards otherwise applicable under the UDC; and WHEREAS, the economic development and land use planning objectives of the Town will be furthered by the establishment of such planned development district; and WHEREAS, the Commission and Council held public hearing s upon the application of Centurion American, to establish PD1-3 and amend the zoning regulations for the approximately 84.04-acre tract of land to a "PD" Planned Development District with single-family residential uses on December 10, 2012, after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, 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 the amendments (Exhibit “2”) to the Westlake Code of Ordinances should be approved and adopted; and WHEREAS, the Council 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 Council has determined to be consistent with the 1992 Comprehe nsive Plan, the Thoroughfare Plan, and Open Space Plan, all as amended; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN 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. 202, as amended, is hereby amended by this PD Ordinance, by amending Planned Development District PD1, Planning Area 3 (PD1-3) within the property described in Exhibit 1 attached hereto by reference for all purposes. This Planning Area will be subject to the concept plan, development standards and other regulations attached hereto as Exhibit 2. 3 SECTION 3: 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 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of Ordinance not hereby amended shall remain in full force and effect. SECTION 5: 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 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 10th DAY OF DECEMBER 2012. MAYOR ATTEST: Town Secretary APPROVED AS TO FORM: 4 Town Attorney i EXHIBIT 2 PD1 PLANNING AREA 3 (PD1-3) SINGLE FAMILY RESIDENTIAL ARTICLE I. GENERAL PROVISIONS ................................................................................. 1 SECTION 1 SHORT TITLE .................................................................................................... 1 SECTION 2 PURPOSES ......................................................................................................... 1 SECTION 3 GENERAL DEFINITIONS.................................................................................. 1 Section 3.1 Usage ....................................................................................................... 1 Section 3.2 Words and Terms Defined ........................................................................ 1 SECTION 4 APPLICABILITY OF EXISTING REGULATIONS ........................................... 2 Section 4.1 Applicable Town Ordinances.................................................................... 2 Section 4.2 General Approval Criteria ........................................................................ 2 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. ................... 3 Section 5.1 PD Concept Plan Limits ........................................................................... 3 Section 5.2 PD Development Plans ............................................................................. 3 Section 5.3 PD Site Plans ............................................................................................ 3 SECTION 6 PARK LAND DEDICATION REQUIREMENTS . ............................................... 3 SECTION 7 TREE MITIGATION REQUIREMENTS………………………………………….3 SECTION 8 DUCT BANK REQUIREMENTS………………………………………………….3 ARTICLE II. USES ................................................................................................................. 4 SECTION 1 LAND USE SCHEDULE .................................................................................... 4 SECTION 2 ACCESSORY USES AND STRUCTURES......................................................... 5 ARTICLE III. DEVELOPMENT STANDARDS ................................................................... 6 SECTION 1 DENSITY ............................................................................................................ 6 SECTION 2 MINIMUM LOT SIZE ........................................................................................ 6 SECTION 3 MINIMUM LOT WIDTH .................................................................................... 6 SECTION 4 MAXIMUM BUILDING HEIGHT ...................................................................... 6 Section 4.1 Maximum building height……………………………………………...…….6 ii Section 4.2 Exceptions to Height Limitations .............................................................. 6 SECTION 5 MINIMUM BUILDING SIZE ............................................................................. 6 SECTION 6 LOT COVERAGE .............................................................................................. 6 SECTION 7 FRONT YARD SETBACKS............................................................................... 6 SECTION 8 REAR YARD SETBACKS ................................................................................. 7 SECTION 9 SIDE YARD SETBACKS ................................................................................... 7 SECTION 10 SLOPE REQUIREMENTS ................................................................................. 7 SECTION 11 SIGNAGE REQURIEMENTS ........................................................................... 6 Section 11.1 Signs ........................................................................................................ 6 Section 11.2 Exceptions to sign regulations .................................................................. 6 SECTION 12 LANDSCAPE REQUIREMENTS ...................................................................... 6 Section 12.1 Landscape requirements for residential home sites .................................... 6 Section 12.2 Landscape requirements for Common areas .............................................. 6 SECTION 13 LIGHTING STANDARDS ................................................................................. 8 Section 13.1 Street lighting ........................................................................................... 8 Section 13.2 Outdoor lighting regulations ..................................................................... 8 SECTION 14 BUILDING DESIGN ELEMENTS ..................................................................... 9 Section 14.1 Architectural Control Committee ............................................................. 9 Section 14.2 Roofs ........................................................................................................ 9 Section 14.3 Exterior Walls ......................................................................................... 9 Section 14.4 Parking ................................................................................................... 10 Section 14.5 Exterior doors and windows .................................................................. 10 Section 14.6 Mechanical Equipment screening .......................................................... 10 Section 14.7 Accessory buildings ............................................................................... 10 Section 14.8 Driveways and sidewalks........................................................................ 10 Section 14.9 Fencing and gates ................................................................................... 10 SECTION 15 UTILITIES S Section 15.1 Utilities offsite……………………………………………………………..10 Section 15.2 Franchise utilities ………………………………………………………….11 Section 15.3 Drainage ………………………………………………………………...…11 ARTICLE IV. EXHIBITS .................................................................................................... 11 iii EXHIBIT 1 Legal Description of PD District EXHIBIT 2 PD Concept Plans 1 ARTICLE I. GENERAL PROVISIONS SECTION 1 SHORT TITLE This ordinance shall be known and may be cited as the "Planned Development 1, Planning area 3 Single-Family Residential Planned Development Zoning District Ordinance.” or simply as the "PD1-3 Ordinance". SECTION 2 PURPOSES This PD Ordinance is adopted to provide for a superior design of lots or buildings; to provide for single-family residential development of the property bounded by Dove Road to the south, FM 1938 to the west, and Solana Boulevard to the north. To provide an appropriate transition between the intensity of the commercial development anticipated to the north and the existing and anticipated residential development to the south. 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 Council and that are applicable to development within the PD District or Planning Area. Council means the Town Council of the Town of Westlake, Texas. Commission means the Planning and Zoning Commission of the Town of Westlake, Texas. Floor area ratio (FAR) means the ratio of floor area to lot area. Floor area means the total area of all floors of all buildings on a lot or unified development site measured between the outer perimeter walls of the buildings excluding (i) area in a building or in a separate structure (whether below- or above-grade) used for the parking of motor vehicles, (ii) courts or balconies open to the sky, and (iii) roof area used for recreation. Lot area means the gross site area excluding only (a) public roadways shown on the PD Concept Plans, (b) public hike, bike, and equestrian trails shown on the PD Concept Plans; and (c) the Town edge landscape zone. Masonry means brick, stone, cast stone, concrete, glass block, split -face concrete masonry unit, or other masonry materials approved by the Town. 2 PD Concept Plan means any one or more of the drawings attached to this Ordinance and labeled "PD Concept Plan" (all of which plans are deemed part of the PD Concept Plan and this PD Ordinance). PD District means the planned development zoning district or Planning Area established or amended by this PD Ordinance. PD Ordinance means this planned development zoning district ordinance, including the PD Concept Plan. Planning Area means an area within a Planned Development zoning district, the boundaries of which have been approved by the Town, which may have Permitted Uses and Development Regulations that are only applicable to the Planning Area. Town means the Town of Westlake, Texas. Town Manager means the Town Manager of the Town of Westlake or his/her dsignee. UDC means the Town's Unified Development Code, or the development related chapters of the Code of Ordinances as amended. SECTION 4 APPLICABILITY OF EXISTING REGULATIONS Section 4.1 Applicable Town Ordinances Except to the extent provided by the PD Concept Plan and this PD Ordinance, development within the PD1-3 Planning Area shall also be governed by the Applicable Town Ordinances for the R-0.5 Zoning District. In the event of any conflict between (i) the PD Concept Plan and this PD Ordinance, and (ii) the Applicable Town Ordinances, the terms, provisions and intent of the PD Concept Plan and this PD Ordinance 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 4.2 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 Council, the Commission, the Town Planner, or any other Town employee or consultant, the authority to approve any aspect of development within the PD District (including, but not limited to, preliminary or final plats or any aspect thereof or any agreements or permits related thereto) based on conformity with the Town's Comprehensive Plan, Open Space Plan or Thoroughfare Plan, Master Water and Sewer and Master Drainage Plans (or with the objectives, goals or policies of such plans), then such authority shall be exercised to the extent necessary to determine whether the aspect of development being approved is consistent with the PD Concept Plan, this PD Ordinance, and the objectives, goals, and policies of such plan and ordinance. 3 SECTION 5 CONCEPT PLAN, DEVELOPMENT PLANS, AND SITE PLANS. Section 5.1 PD Concept Plan The PD Concept Plan attached to this PD Ordinance consists of drawings generally labeled as follows: (1) "Concept Plan". (2) “ Open Space and Trail improvements.” (3) “Perimeter Wall Plan.” Except as otherwise provided by this PD Ordinance, each of these drawings is a part of this PD Ordinance, and all graphic depictions contained on such drawings are considered "regulatory" standards. A. PD Concept Plan limits The drawing labeled "Concept Plan" identifies the general boundaries of the PD3-1 Planning Area. The exact boundaries of the PD1-3 Planning Area are shown on the metes and bounds description attached hereto as Exhibit 1. Any information shown on this drawing that is outside the boundaries of the PD1-3 Planning Area is not considered part of the PD Concept Plan or this PD Ordinance and does not bind or otherwise affect development within the PD1-3 Planning Area other than for the purposes of alignment of improvements with existing off-site improvements. Section 5.2 PD Development Plans A PD Development Plan is not typically required for single-family residential developments. Section 5.3 PD Site Plans A PD Site Plan is not typically required for single-family residential developments. SECTION 6 PARK LAND DEDICATION REQUIREMENTS Park Land Dedication requirements shall be in accordance with Town ordinances and shall be met prior to filing of Final Plats. SECTION 7 TREE MITIGATION REQUIREMENTS Tree Mitigation requirements shall be in accordance with Town ordinances and shall be met prior to the filing of Final Plats. SECTION 8 DUCT BANK REQUIREMENTS The Developer shall install a Duct Bank system throughout the subdivision as required by Town ordinances. The home builder shall tie in to the Duct Bank prior to the Final Inspections or Certificate of Occupancy approval. 4 ARTICLE II. USES SECTION 1 LAND USE SCHEDULE Buildings, structures, and land within the PD1-3 Planning Area shall be used only in accordance with the uses permitted in the following "Land Use Schedule". The symbol "X" shall mean that the use is permitted as a principal use by right. The symbol "S" shall mean that the principal use is permitted only after first obtaining a "Specific Use Permit" as set forth in the UDC. The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use (this does not exclude other land uses which are generally considered accessory to the primary use). A blank square shall mean that the use is not allowed by right as a principal or accessory use. PD1 PLANNING AREA 3 (PD1-3) – SINGLE FAMILY RESIDENTIAL LAND USE SCHEDULE PERMITTED USES X=Permitted, A=Accessory Use, S=SUP RESIDENTIAL USES Single Family Detached X Single Family Zero Lot Line Single Family Attached Duplex Home Occupation (1) X Servants/Caretakers Quarters A Temporary Accommodation for Employees/Customers/Visitors A Swimming Pool (Private) A Detached Garage (Private) A Sport/Tennis Courts (Private unlit) A Sport/Tennis Courts (Private lighted) S INSTITUTIONAL and GOVERNMENTAL USES Emergency Ambulance Service X Post Office (Governmental) X Telephone, Electric, Cable, and Fiber Optic Switching Station X Electrical Substation S Utility Distribution Lines2 X Water and Sewage Pumping Station (below grade) X Water and Sewage Pumping Station (above grade) X Water Storage Tank and Pumping System (Elevated or Above Grade) X 5 PERMITTED USES X=Permitted, A=Accessory Use, S=SUP Water, Sewer, Electric, and Gas Meters X Electric Transformers X Private Streets/Alleys/Drives X Child Daycare (Private; 7 or more) S Government Building X Police Station X Fire Station X AMUSEMENT/RECREATION Park or Playground (Public or Private) X Satellite Dish S Non-Commercial Radio Tower S Recreation Center (Private) X Hike, Bike, and Equestrian Trails (Public or Private) X Temporary Sales Office (3) X NOTES: 1. As defined by Chapter one of the Town of Westlake Code of Ordinances. 2. Including water, sewer, electric, gas, cable, telephone, fiber optic, and other public and private utility distribution lines. 3. Limited to period of construction. SECTION 2 ACCESSORY USES AND STRUCTURES An accessory use or structure which is customarily incidental to the principal use or structure, and is located on the same lot or tract of land, shall be permitted as an accessory use without being separately listed as a permitted use. 6 ARTICLE III. DEVELOPMENT STANDARDS SECTION 1 DENSITY The Gross Density allow ed shall be one (1) residential lot per acre of land. Gross Density is defined in Chapter 1 of the Code of Ordinances as: Density, gross. The words "density, gross" shall mean density in floor area ratio or dwelling units per acre, inclusive of roadway right -of- way and dedicated public parks and open space. SECTION 2 MINIMUM LOT SIZE The minimum lot size shall be 20,900 square feet. The minimum average size of all single- family lots within Granada shall be 26,500 square feet. SECTION 3 MINIMUM LOT WIDTH The minimum lot width shall be 80 feet measured at the building line. SECTION 4 MAXIMUM BUILDING HEIGHT Section 4.1 Maximum Building Height. The maximum height for all structures located on residential lots shall be two and one-half stories or 35 feet . Section 4.2 Exceptions to Height Limitations. The height limits imposed above shall not apply to (a) chimneys and vent stacks, cupolas, or other architectural features that are not intended for occupancy or storage; (b) flag poles and similar devices; or (c) structures shown on the approved concept plan. SECTION 5 MINIMUM BUILDING SIZE The minimum building size shall be 3,000 square feet for single story houses and 4,000 square feet for two story houses. SECTION 6 LOT COVERAGE The footprint of the main level of each residence shall not exceed 40% of the entire area of the lot. Footprint shall not include porches, patios, or other unenclosed areas. SECTION 7 FRONT YARD SETBACKS The minimum front yard shall be 25 feet. The Town Manager or his/her designee may approve a reduction of the required setback or may require an increase in the required setback by a maximum of ten (10) feet to avoid monotony or to accommodate unique site conditions including the preservation of old growth trees. 7 SECTION 8 REAR YARD SETBACKS The minimum rear yard shall be 35 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of ten (10) feet to avoid monoto ny or to accommodate unique site conditions including the preservation of old growth trees. SECTION 9 SIDE YARD SETBACKS The minimum side yard shall be 15 feet. The Town Manager or his/her designee may approve a reduction of the required setback by a maximum of five (5) feet to accommodate unique site conditions including the preservation of old growth trees. SECTION 10 SLOPE REQUIREMENTS The height of non-residential structures within the PD District shall not be limited based on any adjacency to (i) a residential lot (whether such residential lot is located inside or outside of the PD District), or (ii) any roadway. All non-residential structures must be shown on an approved concept plan are exempt from height limitations. SECTION 11 SIGNAGE REQUIREMENTS Section 11.1 Signs The UDC and the Westlake Code of Ordinance shall govern all signage other than signage shown on the approved Concept Plan Section 11.2 Exceptions to sign regulation. Signs shown on the approved Concept Plan are exempt from regulation in the UDC. SECTION 12 LANDSCAPE REQUIREMENTS Section 12.1 Landscape requirements for residential home sites. 1. Shrubs or flower beds shall be located in flower beds along the foundation line of all structures, except where paving is adjacent to the structure, and must extend away from the foundation a minimum of five (5) feet. No more than seventy-five percent (75%) of the landscaped area of a front yard may be covered by grass. 2. The landscape requirements of the Roadway Landscape Zones contained within the UDC are applicable to all residential lots within this Planning Area. 3. Lots that have rear yards facing Dove Road or FM 1938 shall have a minimum of two (2) large trees and two small trees per lot in each rear yard. The Town Manager or his/her designee may waive this requirement if adequate landscaping within the Common Open Space between the lot and the roadway is in place. 8 Section 12.2 Landscape requirements for Common Areas 1. Landscaping shown in the common areas on the Concept Plan shall be installed and maintained by the Developer or the Home Owners Association. 2. The Developer shall install and maintain all of the amenities and improvements contained in the FM 1938 Streetscape Plan along the portion of FM 1938 that abuts the PD1-3 Planning Area. 3. Parking spaces within the common areas for Trail Head or other public use shall be screened adjacent property or right-of-way. Landscaping and or berms shall create a solid screening thirty (30) inches high between the parking area and any adjacent street. SECTION 13 LIGHTING STANDARDS All exterior lighting shall be subdued and indirect and comply with Town ordinances as well as follow Dark Skies Design Guidelines. Nuisance lighting and or glare must be avoided. THE OBJECTIVE OF THE REGULATION OF OUTDOOR LIGHTING IS TO PRESERVE THE NIGHT TIME DARK SKY BY MIMIMIZING THE AMOUNT OF EXTEROR LIGHTING. TO UTILIZE LOW INTENSITY INDIRECT LIGHT SOURCES TO THE EXTENT REQUIRED FOR SAFETY AND SUBTLE DRAMA, TO ACHIEVE OUTDOOR LIGHTING OF PLANT MATERIALS WITH HIDDEN LIGHT SOURCES. THE TOWN OF WESTLAKE SUPPORTS THE “DARK SKY” PHILOSOPHY AND HAS ADDITIONAL OUTDOOR LIGHTING REGULATIONS IN THE CODE OF ORDINANCES. Section 13.1 Street lighting. Street Lighting shall be located at all corners and intersections. Lights shall be low pedestal type fixtures with fully shielded light sources as approved by the Town. Section 13.2 Outdoor lighting regulations. The Outdoor Lighting regulations contained in the UDC are applicable to this Planning Area with the following additions: 1. Up-lighting shall be limited to lighting landscaping elements and shall be limited to 25 watt incandescent or equivalent lumens. 2. Building walls shall not be illuminated and light from landscape lighting may not illuminate building walls higher than four (4) above grade. 3. Floodlights are prohibited. Except as allowed in the UDC. 4. All light sources must be fully shielded from view from adjacent property or right-of- ways. Light sources of 25 watts incandescent or equivalent may be shielded with frosted or opaque glass. SECTION 14 BUILDING DESIGN ELEMENTS 9 Section 14.1 Architectural Control Committee. An Architectural Control Committee shall be established that has approval authority over house designs prior to submittal for permitting. The committee shall have at least one member appointed by the Town Manager and at least one member appointed by the developer. The member appointed by the Town Manager may approve variances to any of the Building Design Elements if he/she feels that the intent of the ordinance has been met . Section 14.2 Roofs. Roofing materials shall be limited to concrete or clay t ile, slate, architectural or laminated 35 year warrantied composite shingles, standing seam metal (as accent roof projections not exceeding 200 sq. ft. or other materials with similar appearance if approved by the Town. No more than two houses on adjacent lots, fronting on the same street, may have the same type and color roof material. No more than two houses on adjacent lots may have the same roof pitch unless one or both roofs have multiple pitches. Roof slope for the main structure and garage shall have a minimum roof pitch of 8:12, unless otherwise approved by the Architectural Control Committee. This minimum pitch shall be used on all roofs except Tuscan and Mediterranean style homes which can have a minimum of 4:12 roof pitch. Roof design shall include offsets and dormers to break up large expanses of roof area. Section 14.3 Exterior Walls. Exterior walls shall have horizontal and vertical articulation or architectural features on all elevations. Acceptable exterior wall materials: Brick Stone Cast Stone Stucco – ¾ inch thick minimum. Siding of any type is prohibited for use on walls or chimneys. Exterior wall coverings shall make changes at inside corners only. Every elevation shall have a minimum of two wall materials or textures. Single wall covering materials may be approved if architectural features, wall offsets, and enhanced trim around openings are utilized to limit continuous blank wall areas.. Walls shall not exceed thirty feet in length without an offset of two (2) feet or more unless the wall area is broken up by architectural elements such as ornate masonry work, changes in construction material, or openings for windows or doors that are trimmed and recessed a minimum of three (3) inches. Section 14.4 Parking. Every house must have a minimum of three enclosed parking spaces. Section 14.5 Exterior doors and windows. All doors and windows other than those within court yards shall be recessed a minimum of three inches. 10 Windows shall be wood or vinyl and those visible from off-site shall have wood or vinyl mullions or muntins. Primary Entry Doors shall vary in design from house to house. If the same door is used on houses within the same block, trim, accents or other architectural enhancements shall be used to create a diverse appearance and maintain the appearance of a custom home neighborhood. Garage doors shall be made of sectional wood or be wood clad. Aluminum or fiberglass doors are prohibited. Garage doors shall be recessed a minimum of six inches. Front facing garage doors are allowed if located further back on the lot than the side-facing garage portion, are in a motor court setting and behind a gate that extends over the driveway. Section 14.6 Mechanical equipment screening All mechanical equipment and pool equipment shall be completely screened from view from adjacent properties or right-of-way. Screening may include landscaping provided the plant sizes are sufficient to provide seventy-five percent screening at building final. Section 14.7 Accessory buildings Architectural design, wall coverings and roof materials for accessory structures shall be similar to those used on the primary structure Section 14.8 Driveways and sidewalks All driveways and sidewalks and parking areas shall be made of concrete, stone or pavestone. Concrete shall have an exposed aggregate finish, salt finish, or be stamped and stained. All paving shall be a minimum of one foot from any adjacent property line. Section 14.9 Fencing and gates. All fencing shall be masonry or decorative metal. Posts shall have decorative caps. SECTION 15 UTILITIES AND DRAINAGE Section 15.1 Utilities offsite. Water and sewer utilities for this site are provided by the Town of Westlake. Off-site water and sewer line extensions as well as drainage improvements needed to serve the site are the responsibility of the developer. Section 15.2 Franchise Utilities. All on-site electric utility lines, new or existing, sha ll be placed underground. All above grade equipment approved by the Town to be placed above grade shall be screened from view as approved by the Town. All exclusive franchise utility easements shall be identified on the preliminary plat and must be approved by the Town. Section 15.3 Drainage. The post development drainage run-off quantities leaving the site shall not exceed post development drainage run-off quantities. This section is applicable to the subdivision as a whole and to any portion of a buildable lot that drains on to or across another buildable lot. 11 Exception: Lot to lot drainage run-off is not limited if it is contained within underground piping. ARTICLE IV. FIGURES ARTICLE V. EXHIBITS EXHIBIT A-1 Legal Description of PD District EXHIBIT A-2 Boundary Map EXHIBIT 2 PD Concept Plans EXHIBIT A-1 Legal Description of PD District LEGAL DESCRIPTION TRACT 2A 84.28 Acres BEING a tract of land situated in the C.M. Throop Survey, Abstract No. 1510, the W. Medlin Survey, Abstract No. 1958, Tarrant County, Texas and being a portion of Tract 2 as described in the Special Warranty Deed to MAGUIRE PARTNERS – SOLANA LAND, L.P. as recorded in Volume 16858, Page 176 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: 12 BEGINNING at a 5/8 inch iron rod found with “Huitt-Zollars” cap at the southwest corner of Lot 1, Block 3, Westlake/Southlake Park Addition No. 1, an addition of the Town of Westlake, Texas as recorded in Volume 388-214, Page 78 of the Plat Records of Tarrant County, Texas; THENCE North 89 degrees 57 minutes 44 seconds West a distance of 200.93 feet to a point for corner from which a 1 inch iron rod found bears North 59 degrees 11 minut es 44 seconds West a distance of 0.35 feet; THENCE North 00 degrees 20 minutes 49 seconds West a distance of 45.01 feet to a 5/8 inch iron rod found with cap stamped “Huitt -Zollars”; THENCE North 89 degrees 39 minutes 10 seconds West a distance of 462.17 feet to a 1/2 inch iron rod found with Graham cap on the northerly right -of-way line of Dove Road as described in Dedication Deed to the Town of Westlake as recorded under Instrument No. D208427746, Deed Records of Tarrant County, Texas; THENCE along the northerly right -of-way line of Dove Road the following: North 00 degrees 19 minutes 57 seconds West a distance of 22.57 feet to a 1/2 inch iron rod found with Graham cap; North 89 degrees 24 minutes 50 seconds West a distance of 790.52 feet to a 1/2 inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 09 degrees 15 minutes 02 seconds, a radius of 1,047.14 feet and being subtended by a chord which bears North 84 degrees 42 minutes 50 seconds West a distance of 168.88 feet; Along said curve to the right an arc distance of 169.06 feet to a 5/8 inch iron rod set with Huitt- Zollars cap at the end of said curve; North 80 degrees 10 minutes 28 seconds West a distance of 36.09 feet to a 1/2 inch iron rod fo und with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 08 degrees 51 minutes 19 seconds, a radius of 154.38 feet and being subtended by a chord which bears North 39 degrees 37 minutes 29 seconds West a distance of 23.84 feet; Along said curve to the right an arc distance of 23.86 feet to a 5/8 inch iron rod set with Huitt - Zollars cap at the end of said curve, said point being on the easterly right -of-way line of Precinct Line Road as described in said Dedication Deed to the Town of Westlake and being the beginning of a non-tangent curve to the left having a central angle of 08 degrees 26 minutes 37 seconds, a radius of 1,782.50 feet and being subtended by a chord which bears North 04 degrees 17 minutes 41 seconds East a distance of 262.45 feet; Thence along the easterly right -of-way line of Precinct Line Road, the following: Along said curve to the left an arc distance of 262.68 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 00 degrees 07 minutes 18 seconds East a distance of 1,301.73 feet to ½ inch iron rod found with Graham cap at the beginning of non-tangent curve to the right having a central angle of 35 degrees 56 minutes 14 seconds, a radius of 1,267.50 feet and being subtended by a chord which bears North 18 degrees 08 minutes 14 seconds East a distance of 782.04 feet; Along said curve to the right an arc distance of 795.01 feet to a ½ inch iron rod found with Graham cap at the end of said curve; North 36 degrees 04 minutes 07 seconds East a distance of 138.75 feet to ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 06 degrees 53 minutes 02 seconds, a radius of 49.50 feet and being subtended by a chord which bears North 39 degrees 28 minutes 33 seconds East a distance of 50.37 feet; Along said curve to the right an arc distance of 50.40 feet to a ½ inch iron rod found with Graham cap at the end of said curve; 13 North 43 degrees 01 minutes 31 seconds a distance of 59.51 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the left having a central angle of 06 degrees 52 minutes 41 seconds, a radius of 255.50 feet and being subtended by a chord which bears North 39 degrees 28 minutes 33 seconds East a distance of 30.65 feet; Along said curve to the left an arc distance of 30.67 feet to a 5/8 inch iron rod set with Huitt- Zollars cap at the end of curve; North 36 degrees 03 minutes 35 East a distance of 329.53 feet to a ½ inch rod found with Graham cap; North 81 degrees 03 minutes 49 seconds East a distance of 21.21 feet to a ½ inch iron rod found with Graham cap, said point being on the southerly right -of-way line of Kirkwood Boulevard as described in said Dedication Deed to the Town of Westlake; THENCE along the southerly right -of-way line of Kirkwood Boulevard, the following; South 54 degrees 05 minutes 31 seconds East a distance of 123.12 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the right having a central angle of 46 degrees 48 minutes 17 seconds, a radius of 735.60 feet and being subtended by a chord which bears South 30 degrees 31 minutes 48 seconds East a distance of 584.34 feet; Along said curve to the right an arc distance of 600.91 feet to a ½ inch iron rod found with Graham cap at the end of said curve; South 07 degrees 14 minutes 24 seconds East a distance of 2.72 feet to a ½ inch iron rod found with Graham cap at the beginning of a non-tangent curve to the left having a central angle of 44 degrees 45 minutes 39 seconds, a radius of 932.50 feet and being subtended by a chord which bears South 29 degrees 29 minutes 44 seconds East a distance of 710.11 feet; Along said curve to the left an arc distance of 728.49 feet to a ½ inch iron rod found with Graham cap at the end of said curve; South 51 degrees 46 minutes 54 seconds East a distance of 230.66 feet to a ½ inch iron rod found at the beginning of a non-tangent curve to the right having a central angle of 19 degrees 15 minutes 50 seconds, a radius of 400.00 feet and being subtended by a chord which bears South 42 degrees 14 minutes 31 seconds East a distance of 133.86 feet; Along said curve to the right an arc distance of 134.49 feet to a ½ inch iron rod found with Huitt- Zollars cap at the end of said curve; THENCE departing the southerly right -of-way line of Kirkwood Boulevard, South 00 degrees 00 minutes 00 seconds East a distance of 1475.04 feet to the POINT OF BEGINNING and containing 84.28 acres of land, more or less. 14 15 EXHIBIT A-2 Boundary Map 16 EXECUTIVE SESSION The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake Town of Westlake Item # 10 – Executive Session Town of Westlake Item # 11 – Reconvene Meeting The Council will conduct a closed session pursuant to Texas Government Code, annotated, Chapter 551, Subchapter D for the following: Section 551.087: Deliberation Regarding Economic Development Negotiations – to deliberate the offer of a financial or other incentive to a business prospect. Section 551.071 Consultation with Attorney - to seek advice of counsel on legal matters involving pending or contemplated litigation, settlement offers, or other legal matters not related directly to litigation or settlement. Pending or contemplated litigation and settlement offers include but are not limited to the following: Michael Eaton vs. Town of Westlake Town of Westlake Item # 12 – Take any Necessary Action, if necessary FUTURE AGENDA ITEMS: Any Council member may request at a workshop and / or Council meeting, under “Future Agenda Item Requests”, an agenda item for a future Council meeting. The Council Member making the request will contact the Town Manager with the requested item and the Town Manager will list it on the agenda. At the meeting, the requesting Council Member will explain the item, the need for Council discussion of the item, the item’s relationship to the Council’s strategic priorities, and the amount of estimated staff time necessary to prepare for Council discussion. If the requesting Council Member receives a second, the Town Manager will place the item on the Council agenda calendar allowing for adequate time for staff preparation on the agenda item. - None Town of Westlake Item #13 - Future Agenda Items Strategic Issue December - 2012 January – 201 3 February – 2013 March – 2013 April - 2013 May - 201 3 Capital Investment MOVED FROM NOVEMBER • Review current technology plans & draft technology plan (pg. 10, SA 2.3) MOVED FROM NOVEMBER • Feasibility study for water/sewer impact fees –Tentative (pg. 10, SA 3.1) Fiscal Stewardship & Organizational Effectiveness MOVED FROM DECEMBER • Prepare a financial policy to provide for the future replacement of technology needs/FFE, etc. (pg. 11, SA 5.4) • Report on partnership opportunities through MOU’s, ILA’s, etc. (pg.11, SA 6.1) MOVED FROM NOVEMBER • Examine Town’s capacity for reinvestment in technology, FFE and capital expenditures, etc. (pg. 11, SA 5.3) MOVED FROM JANUARY • Report on business incentive opportunities (pg. 11, SA 6.2 Human Resources (Employee Investment) Comprehensive Planning and Management of Natural Resources • Review land use plan relative to future growth and financial sustainability (pg. 12, SA 9.B.2) • Draft master plans according to approved Comp plan (pg. 12, SA 9.C.1) • Review/change existing ordinances w/Comp plan (pg. 12, SA 9.D.1) • Compare/contrast programs relative to surrounding communities – ‘best practices’ on environmental and conservation (pg. 13, SA 10.2) Public Safety and Emergency Preparedness MOVED FROM DECEMBER • Review Town/Academy SOP’s and emergency plans to maintain readiness (pg. 13, SA 12.2) • Report on Police Services Contract (pg. SA 11.1) Updated 12/06/12 COUNCIL CALENDAR o 2012 Legislative Breakfast hosted by Northwest Metroport Chamber December 7, 2012; 7:30 – 9:00 am; DFW Marriott Hotel & Golf Club at Champions Circle (Across from TMS on SH 114) o Planning & Zoning Meeting December 10, 2012; 5:00 pm; Council Chambers o ZBA Meeting December 10, 2012; 6:00 p.m.; Council Chambers o Town Council Workshop & Meeting December 10, 2012; 6:30 pm; Council Chambers o WA Final Exam Week & Early Release (Thurs) December 17-20, 2012 o WA Holiday Break December 21-January 7, 2012 o Christmas Holiday – Town December 24-25, 2012 o IB Diploma Ceremony for 2012 Graduates Date Change: January 9, 2012, time TBA; WA Gym o NE Transportation Summit February 15, 2013, Hurst Conference Center Town of Westlake Item # 15 – Council Calendar Town of Westlake Item # 16 – Adjournment Back up material has not been provided for this item.