HomeMy WebLinkAboutOrd 516 Zoning property Terra Bella sent back to Planning and ZoningTOWN OF WESTLAKE
ORDINANCE NO. 516
ORDINANCES, SECTION 102-31 ZONING AMP, TO BE ATTACHED HERETO
AS EXHIBIT A TO REFLECT A CHANGE OF ZONING i
APPROXIMATELY .; OF i;, DESCRIBED AS THE
FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1114; A1510, Tr
13; A1510 Tr 7AOI and A1510, Tr 7A01A;# Tr 7A2 and A1510,
PREVIOUSLYAND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1BI;
! ! ' AND OFFICE PARK,ONE S 1
PROVIDINGPD AND RELATED SITE PLAN ATTACHED HERETO AS E.WNUBIT B;
!' • SEVERABILITY CLAUSE; PROVIDING !'FOR A SAVINGS
DATE.CLAUSE; PROVIDING FOR A PENALTY CLAUSE, AND PROVIDING FOR AN
EFFECTIVE
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Zoning Ordinance and the subdivision regulations by adopting a
Unified Development Code for the Town of Westlake (the "Town"); and
WHEREAS, on September 22, 2002, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas adopted Ordinance #406 amending the Zoning Ordinance and Official Zoning
map; and
WHEREAS, an analysis of the Town's codes and regulations has determined that
amendments to these codes and regulations are required in order to protect the health,
safety, and welfare of the Town and to comply with the development goals for low
density residential development; and
WHEREAS, the Board, at a public hearing called by the Board, did consider the
following factors in making a determination as to whether the requested changes should
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be granted or denied: safety of the motoring public and the pedestrians using the facilities
in the areas immediately surrounding the effected zoning districts; safety from fire
hazards and measures for fire control, protection of adjacent property from flood or water
damages, noise producing elements and glare of the vehicular and stationary lights and
effect of such lights on established character of the neighborhoods, location, lighting and
types of signs and relation of signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated by the proposed uses
around the effected zoning districts and in the immediate neighborhoods, adequacy of
parking, location of ingress and egress points for parking, and protection of public health
and the general welfare, effect on light and air, the effect on the transportation, eater,
sewerage, schools, parks and other facilities; and
WHEREAS, the Board, at a public hearing called by the Board did consider the
following factors in making a determination as to whether the requested changes should
be granted or denied: effect on the congestion of the streets, the fire hazards, panics and
other dangers possibly present in the securing of safety from same, the effect on the
promotion of health and the general welfare, the effect on adequate light and air, the
effect on the overcrowding of the land, the effect on the concentration of population, the
effect on the transportation, water, sewerage, schools, parks and other public facilities,
and
WHEREAS, the Board further considered among other things the character of the
effected zoning districts and their peculiar suitability for particular uses and with the view
to conserve the value of buildings, encourage the most appropriate use of land throughout
this town; and
WHEREAS, the Board does find that there is a public necessity for the proposed
zoning ordinance amendments, that the public demands it, that the public interest clearly
requires the amendment, that the zoning ordinance amendments do not unreasonably
invade the rights of those who bought or improved property with reference to the
classifications which existed at the time their original investment was made; and does
find that the changes in the zoning ordinance lessen the congestion in the streets, help
secure safety from fire, panic and other dangers; promote health and the general welfare;
provide adequate light and air; prevent the overcrowding of land; avoid undue
concentration of population; facilitates the adequate provisions of transportation, water,
schools, parks and other public requirements; and
WHEREAS, the Town Board has determined that there is a necessity and need
for these changes in the zoning ordinance and has also found and determined that there
has been a change in the condition; and therefore, feels that changes in the zoning
ordinance are needed, are called for, and are in the best interest of the public at large, the
citizens of the Town, and help promote the general health, safety, and welfare of this
community
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NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: All matters stated in the preamble are found to be true and correct
and are incorporated herein as if copied in their entirety.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of
Westlake, Texas be amended by amending ARTICLE 11. DISTRICTS AND MAPS,
Section 102-31 Zoning Map, to read as follows:
See. 102-31. Zoning map.
(a) Designated; rezoning of property. Exhibit A to be attached to Ordinance No.
is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be
identified and maintained by the town in accordance with the provisions of this chapter,
as amended from time to time. The Official Zoning Map incorporates the rezoning of
properties in the town to conform with the Comprehensive Plan and this chapter.
(b) Division of town.
(1) The town is divided into eleven zones, or districts, as shown on the Official Zoning
map which, together with all explanatory matter thereon, is hereby adopted by reference
and declared a part of this chapter. The zones, or districts, hereby established are and shall
be known and cited as:
Zoning Districts
TABLE INSET:
Abbreviated
Designation
Zoning District Name
R-5
Country Residential
R-2
Rural Residential
R -I
Estate Residential
R-0.5
Neighborhood Residential
MF
Multifamily Residential
LR
Local Retail
0
Office Park
O -H
Office Park --Hotel
0-1
Office --Industrial Park
PD
Planned Development District
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GU _ i Governmental Use
(2) The Official Zoning Map shall be identified by the signature of the mayor attested by
the town secretary, under the following words:
"This is to certify that this is the Official Zoning Map referred to in chapter 102, article II,
of the Code of Ordinances of the Town of Westlake,"
together with the date of adoption of the Official Zoning Map.
(3) When changes are made in district boundaries or other matter portrayed on the
Official Zoning Map, such changes shall be entered on the Official Zoning Map by the
town secretary promptly after the amendment has been approved by the board of
aldermen, and the change shall note the ordinance number and date that the change was
approved.
(4) No changes of any nature shall be made in the Official Zoning Map or matter shown
thereon except in conformity with the procedures set forth in this chapter. Any
unauthorized change of whatever kind by any person or persons shall be considered a
violation of this chapter.
(5) The original reproducible tracing of the Official Zoning Map shall be located in the
office of the town secretary in the town hall and shall be the final authority as to the
current zoning status of land and water areas, building and other structures in the town.
(6) The Board of Aldermen may by resolution adopt a new Official Zoning Map should
the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost
or become ambiguous because of the nature or number of changes and additions. The new
Official Zoning Map may correct drafting or other errors or omissions in the prior Official
Zoning Map, but no other correction shall have the effect of amending the original
Official Zoning Map or any subsequent amendment thereof. The new Official Zoning
Map shall be identified by the signature of the mayor attested by the town secretary, under
the following words:
"This is to certify that this Official Zoning Map supersedes and replaces the Official
Zoning Map adopted (date of adoption of Map being replaced) as a part of the Code of
Ordinances of the Town of Westlake, Texas."
(7) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the
prior map or any significant parts thereof remaining shall be preserved, together with all
available records pertaining to its adoption or amendment.
(UDC 1994, art. III, § l; Ord. No. 203, § 1, 11-16-1992; Ord. No. 373, § 2, 8-14-2000;
Ord. No. 426, § 2, 9-23-2002 )
SECTION 3: That the Site Plan attached hereto as Exhibit B be attached to this
Ordinance and recorded in Appendix A of the Town of Westlake Code of Ordinances as
an approved PD.
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SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board of Aldermen hereby
declares that it would have passed such remaining portions of this Ordinance despite such
invalidity, which remaining portions shall remain in full force and effect.
SECTION 5: 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.
SECTION 6: 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 to exceed the maximum allowed by State law
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS DAY OF APRIL, 2007.
ATTEST:
Kim Sutter, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
Scott Bradley, Mayor
Trent O. Petty, Town Manager
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