HomeMy WebLinkAboutOrd 844 Amending Chapter 62, Planning Article III, Comprehensive Plan Implementation TOWN OF WESTLAKE
ORDINANCE NO. 844
AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 62,
PLANNING, ARTICLE III, BY ADDING SEC. 62-58 COMPREHENSIVE PLAN
IMPLEMENTATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE;
AND DECLARING AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake is a general law Town; and
WHEREAS,on Manch 2, 2015, the Town Council adopted a Comprehensive Plan(the
Forging Westlake 2015 Comprehensive Plan); and
WHEREAS, on March 27,2017 the Town Council adopted Section 62,Article III-
Implementation of the Comprehensive Plan; and
WHEREAS,Article III specifies policies, standards, and procedures related to the review
and approval of zoning requests, development proposals, development plans,and construction
permit plans; and
WHEREAS,the rapid pace of incoming development that the Town is now experiencing
makes it necessary to clearly state these policies and how they will be applied to Town growth
going forward;and
WHEREAS,as part of the review of new residential rezoning requests, a new section to
Article III is hereby added providing clarification for information needed from a proposed
developer in order to ensure development compliance with the Comprehensive Plan and other
related development policies adopted by the Town; and
WHEREAS,the economic development, the health, safety and welfare and the general
planning will be furthered by establishment of these policies,standards, and procedures; and
WHEREAS,upon 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 this amendment to the Town's Code of Ordinances should be approved and
adopted;and
WHEREAS,the Council believes it is in the interests of the Town,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 Forging
Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; and
Ordinance 844
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WHEREAS, upon the recommendation of the Planning Department, 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 should be approved and adopted.
NOW,THEREFORE,BE IT OREDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: That all matters stated in the preamble are found to be true and correct and
are incorporated herein as if copied in their entirety.
SECTION 2: That Chapter 62, Planning, Article III, Comprehensive Plan
Implementation, is hereby amended by adding the following section:
Sec. 62-58. —Zoning requests involving new residential developments -plan review/development
request processing. Notwithstanding any other provisions contained in Article III, the following
policy shall serve as a review template to Town staff for any proposed development that meets the
criteria contained specifically in this subsection. In order to more effectively analyze compliance
with the comprehensive plan and ensure its effective implementation, for any rezoning request
involving any zoning change to a zoning category, including PD zoning,that includes a residential
use wherein the proposed zoning yields the ability to produce a higher density of residential units
at or above the current zoning of the property and/or involves a rezoning from a non-residential
use to a residential use, the following standards must be met upon the submittal of an application
for a change of zoning:
(1) The proposed zoning shall be to a PD district as defined in the zoning regulations;
(2) The proposed zoning application shall, at a minimum, include the following:
a. Water and sewer utility service plan that demonstrates an acceptable level of service
from Town owned water utilities;
b. A stormwater management and infrastructure plan;
c. Traffic impact analysis and access control plan;
d. Landscaping/Open space/trail plan;
e. Tree mitigation plan;
f. Detailed proposed design standards generally demonstrating compliance with all
building standards of the Town, including the Building Quality Manual, adopted by
separate resolution, along with any other adopted design policies and requirements
applicable to the proposed development;
g. A written analysis and demonstration of compliance with Comprehensive Plan
recommendations including the housing recommendations contained in the Land Use
Plan and the Housing Plan;
h. A transfer of development intensity (TDI)proposal (if applicable);
i. If any waivers and/or deviations from this policy,the Comprehensive Plan or the Code
Ordinance 844
Page 2 of 3
of Ordinances are proposed,a detailed explanation of each waiver/deviation is required.
(3) No application for a zoning change, as applicable to this policy, shall be processed for
consideration until the requirements of this policy are met.
SECTION 3: 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 4: That any person violating any provision of this Chapter may be issued a
citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and
punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each
24-hour period of violation, and each separate act or condition in violation of this Chapter, shall
constitute a separate offense.
SECTION 5: It is hereby declared to be the intention of the Town Council of the Town
of Westlake, Texas,that sections,paragraphs, clauses and phrases of this Ordinance are severable,
and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses,
sentences, paragraphs or sections of this Ordinance since the same would have been enacted by
the Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APP, THIS 291h DAY OF JANUARY 2018.
ESTI-A -
ATTEST: Laura Wheat, Mayor
c
Kelp Edwar s,Town Secretary Thomas E. Bryme� To Manager
APPROV T O
L. anton Lowry, Town Attorney
Ordinance 844
Page 3 of 3
Star-TelegrMaom
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Now 0003514201 TOWN OF WESTLAKE ORDINANCE NO. BHA $315.12 1 1 29.00 ti
Attention: THE STATE OF TEXAS
TOWN OF WESTLAKE County of Tarrant
1301 SOLANA BLVD
BLDG 4 STE 4202 Before me,a Notary Public in and for
ROANOKE,TX 762627840 said County and State,this day
- -- personally appeared CHRISTINE
LOPEZ,Bid and Legal Coordinator
for the Star-Telegram,published by
the Star-Telegram, Inc.at Fort
Worth,in Tartan County,Texas;and
who,after being duly sworn,did
depose and say that the attached
dipping of an advertisement was
published in the above named paper
on the listed dates:
TOWN OF WESTLAKE
ORDINANCE NO. But
AN ORDINANCE OF THE TOWN OF
WESTLAKE AMENDING CHAP- 2 Insertion(s)
TER 62,PLANNING,ARTICLE III,
BY ADDING SEC. 6230 COM-
PREHENSIVE PLAN IMPLEMEW Published On:
TATION;PROVIDING A PENAL-
TY; PROVIDING A SAVINGS February07,2018,February OB,
ING
EFFECTIVE DA TE.CLSECTIONA4: 2018
That any cersOn violating any
Provislon of MIs Chapter may be
ssYea a cl tion an unx,Can-
victlon thereof,the person all
bedeemed g.11Hof a mistle-
eanor ane Dunishetl as provltl-
ed In subsectlon 1-9 of the Ca6a
of Or ance or Me Town of
Westlake. Each 24-0Dur Darlod
of violation, an tl each separate
t or contlition in violation of
th ChapteL shall constitute a
sepmate offense. PASSED AND
AFE P PNUY2018 IS 29th
t
(Principal c"
SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 8th day of
February in the year of 2018
L,>
Notary Public
s:�It" LESLIE BUCKLEY
v �s Notary Public,State of Texas
`+r�, Comm. Expires 09-24-2021
°° `° Notary ID 128050260