[ORDINANCE 10-08-24A[1]]
AN ORDINANCE OF THE CITY OF HORSESHOE BAY ESTABLISHING THE MARINA
CLUB AT APPLEHEAD ISLAND PLANNED DEVELOPMENT DISTRICT; ADOPTING PLANNED
DEVELOPMENT REGULATIONS FOR THE PLANNED DEVELOPMENT DISTRICT (PD);
ESTABLISHING BOUNDARIES FOR THE PD; AMENDING THE ZONING MAP; ENACTING
CERTAIN DEVELOPMENT STANDARDS AND LAND USE REGULATIONS; SETTING OUT
ADMINISTRATIVE AND LEGISLATIVE PROCEDURES; IMPOSING CIVIL AND CRIMINAL
PENALTIES, INCLUDING FINES NOT TO EXCEED $2,000 PER OFFENSE; PROVIDING
APPROVAL AUTHORITY FOR THE CITY COUNCIL; PROVIDING FOR ENFORCEMENT
AND PENALTIES, AND PROVIDING FOR REPEALER, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Horseshoe Bay (“City
Council”) seeks to continue to provide for the health, safety,
and welfare of those living in, working in, and visiting the City;
and
WHEREAS, Chapter 14 Zoning of the City Code Zoning Chapter establishes
reasonable land use regulations within the City, including the use
of Planned Developments (“PDs”), particularly to meet
unique development needs of certain projects; and
WHEREAS, Article 14.02, Division 4 of Chapter 14 Zoning of the
City Code Zoning Chapter specifies the procedure and requirements
for the creation of PDs, and permits development of land as an integral
unit for single or mixed use in accordance with a PD Concept Plan
and in which the goals and objectives of the Comprehensive Plan are
to be implemented; and
WHEREAS, the owner and developer, AHI Marina Club, LP (the “Developer”),
proposes development of property in the City in a manner that includes
unique needs and for which a Conceptual Site Plan (the “Concept
Plan”), attached hereto as Exhibit “A,” and incorporated
herein for all purposes, contains proposed development standards for
a PD; and
WHEREAS, Article IX [Article 10.03, Division 9] of the City’s
Subdivision Ordinance describes Planned Development Districts (“PD”),
which permit a combination of dwelling types and/or a variety of land
uses which creatively complement each other; and
WHEREAS, a statement of how the PD will relate to the City’s
Comprehensive Plan has been submitted in compliance with the requirements
of Section 6; and
WHEREAS, the property proposed for inclusion in such PD is approximately
11 acres comprised of Lots 200, 202, 204, 206, 208, 210, 212, 214,
216 and 218 and Lots 300 through 312, inclusive, Horseshoe Bay Applehead
Island in the City of Horseshoe Bay, in Llano County, Texas; and
WHEREAS, the City has examined such Concept Plan and all accompanying
documents and is of the opinion that the proposed PD is in compliance
with Division 4 of Chapter 14 Zoning of the City Code and that a PD
should be created and be identified hereinafter as The Marina Club
at Applehead Island PD of the City of Horseshoe Bay; and
WHEREAS, Public notice was provided and the City Council has
conducted a public hearing on creation of The Marina Club at Applehead
Island PD, as required by law; and
WHEREAS, the City Council, in the exercise of its legislative
discretion has concluded that Chapter 14 Zoning of the City of Horseshoe
Bay Code of Ordinances should be amended as herein described.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF HORSESHOE BAY:
[1]
Editor’s note–The planned development ordinance,
Ordinance 10-08-24A, adopted by the city on August 24, 2010, is published
herein as exhibit H. Due to the nature of this ordinance and the technicalities
involved in adopting or amending it, such ordinance is printed herein
as enacted, with only nonsubstantive formatting and style changes.
Capitalization, punctuation and numbering of articles, sections and
subsections have been retained as enacted. Subsequent amendments will
be inserted in their proper place and denoted by a history note following
the amended provisions. The absence of a history note indicates the
material is unchanged from the original. Obviously misspelled words
have been corrected without notation. Any other material added for
purposes of clarification is enclosed in brackets. All exhibits to
this ordinance referenced herein are on file in the office of the
city secretary.
All of the above premises are hereby found to be true and correct
legislative and factual findings of the City Council, and are hereby
approved and incorporated into the body of this Ordinance as if copied
in their entirety.
Chapter 14 Zoning of the City of Horseshoe Bay, Texas Code of Ordinances as heretofore amended, be and the same is hereby amended by adding a new Planned Development Zone, “The Marina Club at Applehead Island PD” as more fully set forth herein. This Ordinance amends the City’s Zoning Chapter but shall stand alone and shall be complementary to rather than supplanting or replacing portions of such Zoning Chapter.
The Property shall be regulated for purposes of zoning and subdivision
by the City Code’s Zoning and Subdivision Chapters, and shall
be subject to all other City Codes and Ordinances in effect except
as herein specifically provided. Particular zoning classifications
are set forth in this PD Ordinance. Where a general zoning item is
not specifically addressed in this PD Ordinance but is addressed by
the City’s Zoning Chapter or other Code or Ordinance in effect,
the Zoning Chapter or other Code or Ordinance shall control. In the
event of any conflict between this PD Ordinance and the City’s
Zoning Chapter, this PD Ordinance shall control. Where a general subdivision
matter is not specifically addressed in this PD Ordinance but is addressed
by the City’s Subdivision Chapter or other Ordinance in effect,
the Subdivision or other Ordinance shall control. In the event of
any conflict between this PD Ordinance and the City’s Subdivision
Ordinance, this PD Ordinance shall control.
means any use that must obtain approval of any of the Texas
Alcoholic Beverage Commission Permits or Licenses.
means the City Council of the City of Horseshoe Bay, Llano
and Burnet Counties, Texas.
means AHI Marina Club, LP and shall include any person, partnership,
firm, association, corporation (or combination thereof), and/or any
officer, agent, employee, servant and trustee thereof who performs
or participates in the performance of any act toward the subdivision
and/or development of land within the intent, scope and purview of
this PD Ordinance. Developer shall also be defined as the builder
if it is responsible for the construction of buildings and/or other
structures or permanent improvements.
means those Lots zoned R-1E; more specifically, Lots 200,
202, 204, 206, 208, 210, 212, 214, 216, and 218.
means the Horseshoe Bay Applehead Property Owners Association.
means the Committee for architecture for Horseshoe Bay Applehead
Island.
means the Property Owners Association for Horseshoe Bay Applehead
Island.
means Lots 200, 202, 204, 206, 208, 210, 212, 214, 216, 218
and Lots 300 through 312, inclusive, Horseshoe Bay Applehead Island
in the City of Horseshoe Bay, Llano County, Texas.
means a commercial operation that provides music for dancing
or entertainment and may include a Bar; it specifically excludes a
private noncommercial party within the amenity center.
means a Planned Development under the City’s Zoning
Chapter.
means the Concept Plan that establishes the general guidelines
for the PD by identifying the proposed land uses and intensities,
thoroughfare locations, and open space boundaries and illustrates
the integration of these elements into a master plan for the entire
PD, a copy of which is attached hereto as “Exhibit A”
and incorporated herein for all purposes.
means “The Marina Club at Applehead Island” neighborhood
mixed use development, discussed more fully in the PD Concept Plan.
means the approximately 11 acres of land which is owned by
Developer and currently located within the corporate boundaries of
the City and more fully described as comprised of Lots 200, 202, 204,
206, 208, 210, 212, 214, 216, 218 and Lots 300 through 312, inclusive,
Horseshoe Bay Applehead Island in the City of Horseshoe Bay, Llano
County, Texas, and is intended to be developed as the Project.
means the new property owners association created for the
Project, regardless of its official name.
means those Lots zoned R-1; more specifically, Lots 300 through
311, inclusive.
(a)
Standards. The Project shall be zoned in three classifications in Zone 1 Applehead Island: R-1E Single Family Estate, R-1 Single Family Residential and A-1 Recreational. The provisions of Sections 14.02.402 and 14.02.404 of the Zoning Chapter shall apply to the Project except for the following modifications; and so long as the Project is constructed consistent with the Concept Plan, the restrictions and standards described in Sections 14.02.402 and 14.02.404 of the Zoning Chapter are amended for The Marina Club at Applehead Island PD as follows:
(1)
Zoning:
Unless otherwise modified by this PD Ordinance, rules presently pertaining
to Classification R-1 and A-1 in Zone 1 Applehead Island apply to
the development of the Property; unless otherwise modified by this
PD Ordinance, rules presently pertaining to Classification R-1 in
Zone 1 Applehead Island apply to the R-1E areas of the Property. All
main residences within R-1E shall contain a minimum of 4,000 square
feet of air conditioned, livable space; all main residences within
R-1 shall contain a minimum of 3,000 square feet of air conditioned,
livable space. The following Lots are hereby zoned as follows:
(2)
Setbacks:
All buildings shown on the PD Concept Plan shall be required to have
setbacks as shown on the PD Concept Plan.
(3)
Walls:
(A)
Developer
shall provide the HSBAIPOA with engineer certified plans for the construction
of the perimeter wall to be constructed adjacent to a portion of Fault
Line Drive and thence continuing along the southern edge of the Project
up to Applehead Island Drive (the “Perimeter Wall”). The
Perimeter Wall shall be of solid rock which matches the appearance
of existing rockwork on Applehead Island, except for segments to be
a combination of rock and wrought iron as mutually agreed by Developer
and HSBAIPOA. The Perimeter Wall shall have a minimum height of eight
feet (8').
(B)
Walls
shall be constructed between the Lots along the Common Wall Easement
and along the rear of each Lot as shown on the Concept Plan. Furthermore,
walls shall be constructed on the front of each Estate Lot.
(C)
Walls
shall be constructed along the front of each Estate Lot, shall be
no less than fifteen (15) feet from the front property line of such
Lot, shall have a height not greater than eight feet (8') nor have
a height lower than seven feet (7'), and shall run level on a horizontal
plane (“Frontal Walls”). Frontal Walls shall have incorporated
therein an entry gate that provides access to the residences located
on such Lot. The required entry gate shall not consist of solid rock
or other solid construction material, but shall be of construction
that allows visibility through the gate.
(D)
All
walls constructed on any Lot must be approved by the HSBAICA as to
height, design, materials, color and type of construction and any
walls adjacent to streets shall be open design comprising stone and
wrought iron, with at least eighty percent (80%) being open (wrought
iron) on Applehead Island Drive and at least sixty percent (60%) open
on Dominion Drive. Notwithstanding the provisions described in this
Section V(a)(3), all walls constructed along the front of each Lot
fronting Island Court shall have a height not greater than five feet
(5') nor have a height lower than four feet (4') and shall run level
on a horizontal plane and further, there will be no required entry
gates for the Lots fronting on Island Court.
(E)
All
walls shall be stone laid in a pattern approved by the HSBAICA; neither
wood nor stucco are permitted; and
(F)
All
entry gate design and construction shall be approved by the HSBAICA.
(5)
A-1 Classification:
In addition to the uses allowed in Zone 1, classification A-1 Recreational,
Lot 312 of the Project which is classified as A-1, may be used for
a marina and an amenity center as shown on the Concept Plan. The permitted
uses will include, boat and recreational water sports, boat slips
and storage, a swimming pool, a clubhouse with meeting rooms, cabanas,
patios/garden, decks, pavilions, an identification tower, a mooring
dock, jet ski storage and launch, a parking area, boat slips, a storage
building, and a waterfall curtain.
(6)
The Project
shall meet all requirements of the Lower Colorado River Authority.
(7)
The following
items shall be applicable to the Project, at Developer’s sole
cost and expense:
(A)
Provide
landscaping along the west side of Fault Line Drive as shown on the
Concept Plan and submit landscaping plans to the HSBAICA for approval
prior to commencing landscaping.
(B)
There
is to be no Bar or Night Club within the Project.
(C)
Developer
agrees to install such water and wastewater lines as required to accommodate
the Project, irrigation (with back flow preventer valve) and new fire
hydrants, all where applicable.
(D)
Upon
receiving the approval of, and authorization from, all applicable
governmental and regulatory authorities, Developer will comply with
all requirements for dredging of the area within Lot 312 as shown
on the Concept Plan. Developer will submit all applicable permits
and authorizations to the City prior to commencing any dredging operations.
Developer will reconstruct a portion of Fault Line Drive that is contiguous
to Lot 312 so as to build a bridge/roadway over a waterway to be created
that will connect the Project to Lake Lyndon B. Johnson. The City
shall review and approve all Developer submitted design, construction
and engineering plans prior to commencing any construction activities.
The City shall approve all of the plans and specifications related
to the bridge/roadway and the waterway area; construction shall be
completed in accordance with the bonding requirements of Section V(a)(7)(F).
The bridge/roadway shall be deeded to the City when Developer has
completed its construction and same has been accepted by the City.
Water features shall not be deeded to or maintained by the City.
(E)
Phasing
of Construction: Construction of the marina, amenity center, bridge/roadway
and the Perimeter Wall is intended to be in one (1) phase and any
deviation from this shall be approved by City Council. Developer shall
obtain from the City (i) the infrastructure permit for the bridge/roadway,
(ii) the recreational amenity permit, (iii) the cut and fill permit
and (iv) the Perimeter Wall permit, all within one (1) year from the
date of adoption of this PD Ordinance. Once a Building Permit is obtained,
if there is any lag of construction for more than forty-five (45)
days, then the City shall, at its sole option, either complete construction
or clean up the Property, as permitted under the bonding section.
(F)
Bonding:
To ensure timely completion, prior to commencing any work on the bridge/roadway,
the dredging, the marina and amenity area or the Perimeter Wall, Developer
will furnish or cause to be furnished such performance and labor and
material payment bonds with corporate sureties licensed to do business
in Texas and in amounts and with terms satisfactory to the City. The
City shall either be a co-obligee under such bonds or such bonds shall
be assigned to, or made for the benefit of, the City as shall be satisfactory
to the City. Unless the City Council determines a lesser amount, the
amount of the bond shall be equal to the estimated cost of completion
of all construction and road restoration as described in Section V(a)(7)(K)
below, plus ten percent (10%), to cover future cost increases required
to complete the Project, or clean up, restore and landscape the Project
site if construction is not to be completed. The bonds shall be submitted
to the City Council with the first Building Permit and the approval
of the bonds is a condition to the issuance of Building Permits for
the Project. In the event any or all of the improvements for the marina
and the amenity area, the dredging and/or the bridge/roadway, fail
to meet the requirements of the approved plans and specifications,
or Developer fails to begin construction or refuses to correct the
defects called to its attention by the City, the unfinished improvements
shall be completed at the cost and expense of Developer. The City
may draw on the bonds and pay the cost of completing the unfinished
improvements if the City determines that the Developer has breached
the obligations secured by the bonds or the forty-five (45) day time
period for a pause in the construction of all required improvements
has expired. Depending on the extent of construction at the time of
the forty-five (45) day pause, the City may decide to clean up, restore
and landscape the construction site or complete the construction.
The City shall refund the balance of the bonds, if any, to Developer.
Developer shall be liable for all costs that exceed the amount covered
by the bonds, if any. Notwithstanding anything contained in this Section
V(a)(7)(F) to the contrary, the City reserves the right to accept
other forms of surety to secure the payment and performance of the
construction work herein described.
(G)
Developer
shall reimburse the City for all costs incurred by the City relating
to the Project per the City’s Development Policy.
(H)
A
timeline for the Project, with milestones, as shown on the attached
Exhibit B. Exhibit “B” is intended to provide a sequence
of construction events and the duration thereof. The start and end
dates contained in Exhibit “B” are included for convenience
only, and do not bind the Developer to begin or end construction for
items on the respective dates contained therein. However, Developer
shall remain obligated to comply with all dates and deadlines contained
in the PD subject to the force majeure provisions contained in Article
VI.
(I)
A
plan to show how the Project’s perimeter will be secured at
all times during construction.
(J)
Developer’s
contractors shall observe strict adherence to Applehead Island established
work hours and days (Monday - Friday from 8 AM to 6 PM; Saturday from
9 AM to 6 PM; and no work on Sundays, holidays, or holiday weekends)
unless other work hours are approved by the HSBAIPOA; provided, however,
during the construction of the bridge/roadway, the hours for bridge/roadway
construction will be Monday - Saturday 7 AM to 7 PM.
(K)
All
construction vehicle, equipment and hauling traffic relating to the
Project will be coordinated with the City staff. Developer will be
required to restore all roads damaged by such traffic to their condition
immediately prior to the commencement of such and additionally, Developer
shall institute and complete interim repairs as damage occurs from
time to time during the construction of the Project.
(L)
Developer’s
contractors shall not stockpile any excavation material on the Property.
(M)
Developer
shall provide a temporary construction entrance from Fault Line Drive
or Nichola Gay for all machinery, hauling and workers. The entrance
is to be guarded during work hours and securely locked during off
hours. Developer shall provide a temporary perimeter security fence
inbound of the marina development area.
(N)
Developer
and the MCAIPOA shall indemnify and hold the City and the HSBAIPOA
harmless from any and all claims, actions, damages, losses, and injuries,
including, but not limited to attorneys fees, relating to the proposed
water curtain at the Project’s water entrance.
(O)
Developer
shall install all required fire hydrants per the current City Fire
Code.
(P)
Developer
shall install fire sprinklers throughout the amenity center pursuant
to any applicable fire codes and regulations; or, in lieu thereof,
Developer shall provide adequate access from more than one side of
the amenity center to the appropriate fire authorities, including
the City’s Fire Department.
(Q)
Developer
shall indemnify and hold the City, the HSBAPOA and the HSBAIPOA harmless
from any and all claims, actions, damages, losses, and injuries, including,
but not limited to attorneys fees, relating to the Project’s
construction or ongoing operation.
(R)
The
HSBAICA shall review and approve all Developer submitted design drawings
and final construction documents of all improvements relating to the
marina and amenity center, including colors, materials, dimensions
and lighting prior to installation.
(S)
The
City will have the authority to direct and/or divert all construction
traffic for safety reasons and so as to minimize detrimental affects
upon the roads. Additionally, until otherwise notified by the City,
all trucks, trailers and equipment used to haul materials to and from
the Project shall use the route shown on Exhibit “C” attached
hereto and incorporated herein for all purposes.
(b)
Activities
During Construction. Developer shall ensure that the following items
are addressed and/or enforced during construction on the Project:
(1)
Developer shall at all times provide parking for vehicles involved in the Project on the Property. Construction vehicles shall not be allowed to park on the streets. The City’s Parking Article (Article 12.03) must be followed during construction.
(2)
Developer
shall ensure that all construction activities do not interfere with
any existing residential uses on adjoining and nearby tracts.
(3)
Developer
shall provide construction of a suitable temporary road for use during
bridge construction. Construction of the bridge on Fault Line Drive
shall be planned to ensure normal traffic flow is maintained, by use
of a detour onto Lot 312. All plans and specifications of the temporary
road shall be submitted to, and approved by, the City prior to commencing
any construction of such road. Developer shall restrict (i) bridge/roadway
and dredging construction traffic, (ii) dredging construction traffic,
(iii) marina construction traffic and (iv) Perimeter Wall construction
traffic so as to avoid the use of Applehead Island Drive. This prohibition
does not apply to residential construction on residential Lots including
construction of walls upon Lots as provided in Section V(a)(3) above.
Developer shall also provide for a construction entrance on Fault
Line Drive or Nichola Gay and a staging area on the Project site,
to keep vehicles off of the street. Developer shall coordinate with
the City should it become necessary to block any public roadways during
construction to ensure that all traffic congestion problems are minimized.
(4)
Developer
shall ensure that all environmental protection measures are undertaken
and all required controls are in place to minimize runoff.
(5)
Developer
shall ensure that all construction debris is properly contained and
disposed of and that dust from the construction activities is minimized.
In the event that either party shall be delayed or hindered
in or prevented from the performance of any covenant, agreement, work,
service, or other act required under this PD Ordinance to be performed
by such party (a “Required Act”), and such delay or hindrance
is due to causes entirely beyond its control such as riots, insurrections,
martial law, civil commotion, war, fire, flood, earthquake, or other
casualty or acts of God (a “Force Majeure Event”), then
the performance of such Required Act shall be excused for the period
of delay, and the time period for performance of the Required Act
shall be extended by the same number of days in the period of delay.
A Force Majeure Event shall not be deemed to commence until the ten
(10) days before the date on which the party who asserts some right,
defense or remedy arising from or based upon such Force Majeure Event
gives written notice thereof to the other party hereto. If abnormal
adverse weather conditions are the basis for a claim for an extension
of time due to a Force Majeure Event, the written notice shall be
accompanied by data substantiating (i) that the weather conditions
were abnormal for the time and could not have been reasonably anticipated
and (ii) that the weather conditions complained of had a significant
adverse effect on the performance of a Required Act. To establish
the extent of any delay to the performance of a Required Act due to
abnormal adverse weather, a comparison will be made of the weather
for the time of performance of the Required Act with the average of
the preceding ten (10) years climatic range based on the National
Weather Service statistics for the nearest weather reporting station
to the Premises. No extension of time for or excuse for a delay in
the performance of a Required Act will be granted for rain, snow,
wind, cold temperatures, flood or other natural phenomena of normal
intensity for the locality where the Premises are located.
To the extent not otherwise modified by the provisions contained in this PD Ordinance, the provisions for civil and criminal penalties, including a fine of up to $2,000.00 per day of violation, contained in Section 5 [Article 14.02, Division 5], Penalties and Enforcement of the City’s Zoning Chapter, as it may be amended in the future, pertain to The Marina Club at Applehead Island PD. The Property shall be used only in the manner and for the purposes provided for in Chapter 14 Zoning of the City Code as hereby amended by this PD Ordinance and as the Zoning Chapter may be amended in the future. If Developer does not apply for the building permits for the Project within twelve (12) months from the date this Ordinance is adopted, this Ordinance, the Concept Plan and the project on this property are null and void, and the Zoning District Map will need to be so amended to reflect the reversal of the zoning change.
The official Zoning District Map of the City of Horseshoe Bay
hereto adopted be and is hereby amended to reflect the zoning changes
made herein.
If any section, subsection, sentence, phrase, word, paragraph
or provision of this PD Ordinance be found to be illegal, invalid
or unconstitutional, for any reason whatsoever, the adjudication shall
not affect any other section, subsection, sentence, phrase, word,
paragraph or provision of this PD Ordinance or the application of
any other section, subsection, sentence, phrase, word, paragraph or
provision of any other Ordinance of the City. The City Council declares
that it would have adopted the valid portions and applications of
this PD Ordinance and would have rezoned the Property without the
invalid part, and as to this end the provisions of this PD Ordinance
are declared to be severable.
This PD Ordinance shall be in full force and effective from
and after its date of passage, in accordance with law.
