HomeMy WebLinkAboutOrd 852 Amending Ordinance 703 Planned Development PD 1-2 Entrada TOWN OF WESTLAKE
ORDINANCE NO. 852
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE 703 WHICH APPROVED PLANNED DEVELOPMENT ZONING
DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY
LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND STATE
HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PENALTY;
PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake, Texas is a general law municipality; and
WHEREAS, Ordinance 703 established Planned Development District 1-2 (PD 1-2),
commonly known as Westlake Entrada, an approximately 85.9 acre tract generally located
between Davis Boulevard, Solana Boulevard and State Highway 114; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within 200 feet of the subject property, published notice and posted notice in accordance
with the Texas Open Meetings Act of public hearing, a public hearing was held on April 16,
2018 by the Planning and Zoning Commission (Commission) whereby the Commission
recommended to the Town Council approval of the amendments to Ordinance 703 contained
herein; and
WHEREAS,following provision of proper legal notice,including written notice to owners
within 200 feet of the subject property, published notice and posted notice in accordance with the
Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018 by the
Town Council; 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 2015
Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission and
after a public hearing, 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 these amendments to Ordinance 703
should be approved and adopted.
Ordinance 852
Page 1 of 4
NOW,THEREFORE,BE IT ORDAINED 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 the following amendments to Ordinance 703 are hereby authorized:
Section 3. 1: Pace of Residential Use Development within PD1 -2:
3. 1. 1 First Year of Active Development: Developer is entitled to ten (10)
residential units initially. After the initial ten (10) units, Developer is entitled to
units eleven (11) through (30) after 45,000 non-residential air conditioned square
footage is permitted. "First year of active development" is defined as beginning on
the date of the issuance of the first vertical building permit for PD1 Planning Area
2 (PD1-2).
3. 1. 2 Second year of active development shall not exceed an additional sixty (60)
units. Third year of active development shall not exceed and additional eighty (80)
residential units. Year four of active development and subsequent will be based
upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must
demonstrate to the Westlake Building Official that the 45,000 air-conditioned
square feet of non-residential building space (as set out in 3. 1. 1) is substantially
completed such that the building foundations are completed, inspected and
approved, and that for Residential Unit 31 forward, Developer must also
demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft of
nonresidential use building space has been permitted for each additional
Residential Unit permitted.
3. 1. 3 Developer is to maintain a database illustrating conformance to this
requirement to the Westlake Building Official and include an up-to-date report with
each new Residential Unit building permit application. Non-residential use
buildings must be substantially outwardly completed within six -months of being
included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each
Residential Unit calculations.
Section 5.3 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 within the PD district are consistent with the
approved concept plan and development plan, if any, and to ensure that 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
Council a PD site plan shall terminate at the end of such four-year period (or
Ordinance 852
Page 2 of 4
extended period if approved by the council) 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.
Variances to the regulations contained in this PD ordinance, may be approved by
the Town Council via a Site Plan approval if the Site Plan approval process adheres
to the same notification and public hearingprocess that a zoning change is required
to adhere to by State law.
Site Approval Exceptions: Legislative approval of a site plan shall not be required
for the following site plans:
a. Single-family residential homes;
b. Small non-residential buildings where the building footprint does not exceed
S,000 square feet of gross floor area.
Site plans that qualify for the exceptions noted above shall only require
administrative approval by the Town Manager or designee. In reviewing said site
plans, the Town Manager or designee may, in any instance, defer the consideration
and approval of said site plan to the Town Council upon the recommendation of
the Planning and Zoning Commission. Likewise, in the event that a site plan is
denied by the Town Manager or designee, then the applicant may appeal said
decision to the Town Council upon the recommendation of the Planning and Zoning
Commission. Providing for the exception provision above, all site plans plan
submissions shall otherwise meet the requirements of this ordinance and other
pertinent Town regulations. In the event that an ordinance provision contained in
Ordinance 703, or another regulation adopted by the Town Council, conflicts this
exemption provision, this exemption provision shall supersede said conflicting
provision.
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, 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
Two Thousand Dollars ($2,000.00)for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
Ordinance 852
Page 3 of 4
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 APPROVED ON THIS 30th DAY OF APRIL 2018.
ATTEST: Laura Wheat, Mayor
KeO Edwards, Town Secretary Thomas E. Ary (Ywn Manager
APPRO D-S O F 'RM: - vqEST�
ton L Attorney
7 E
Ordinance 852
Page 4 of 4
Star-Thiegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
Mansfield News-Mirror 1 Star-Telegram Northeast I Weatherford Star-Telegram
star-telegram,com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827
AFFIDAVIT OF PUBLICATION
Account# Ad Number Identification WESTLAKE PO Amount Cols Depth
603646 0003645791 TOWN OF ORDINANCE NO.852 Al 5448.44 1 37.00 Li
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 762627940 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 Tarrant County,Texas;and
who, after being duly sworn, did
depose and say that the attached
clipping of an advertisement was
published in the above named paper
on the listed dates:
TOWN OF WESTLAKE
ORDINANCE NO.852
AN ORDINANCE OF THE TOWN OF
WESTLAKE, TEXAS, AMEND- 2 Insertion(s)
ING ORDINANCE 703 WHICH
APPROVED PLANNED DEVEL-
OPMENT ZONING DISTRICT 1-2 Published On:
(PD 1-2), AN APPROXIMATELY
85.9 ACRE TRACT GENERALLY May 04,2018,May 05,2018
LOCATED BETWEEN DAVIS
BOULEVARD, SOLANA BOULE-
VARD AND STATE HIGHWAY
114, COMMONLY KNOWN AS
ENTRADA; PROVIDING A PEN-
ALTY; PROVIDING A CUMULA-
TIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PRO-
VIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION;
AND ESTABLISHING AN EFFEC-
TIVE DATE. SECTION 4: 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 ...o
-
shall be punishable by a fine not i
to exceed the sum of Two Thou- -
sand Dollars ($2,000.00) for (Principal Clerk)
each offense. Each day that a
violation is permitted to exist
shall constitute a separate of- SUBSCRIBED AND SWORN TO
Tense. PASSED AND AP-
Ii-ROVi=D ON THIS 30th DAY Or BEFORE ME. THIS 11th day of
APRIL 2018. May in the year of 2018
Notary Public-Deborah Bay or
511117/ •
_.
PY�' • DEBORAH JEAN BAYLOR
• Notary Public, a
Comm. ExpiresSt10-29.2019
tecfTexas
• NOiary ID'
C 13042344-2
StarmeN.
Arlington Citizen -Journal I the Keller Citizen I La Estrella
Mansfield News -Mirror I Star -Telegram Northeast I Weatherford Star -Telegram
5"r4>101e9r81104=m 1808 Throakmorton 8L I Ft Worlb, TX 78102.83161800.778.7827
AFFIDAVIT OF PUBLICATION
603946 J 0003645791 I TOWN OF WESTLAKE ORDINANCE NO. 852 Ai
Attention:
TOWN OF WESTLAKE
1301 SOLANA BLVD
BLDG 4 STE 4202
ROANOKE, TX 762627940
A
1448.441 1 137.00 U
THE STATE OF TEXAS
County of Tarrant
Before me, a Notary Public in and for
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 Tarrant County, Texas; and
who, after being duly swom, did
depose and say that the attached
clipping of an advertisement was
published in the above named paper
on the listed dates:
2 Insertior>(s)
Published On:
May 04, 2018, May 05, 2018
�r
1015 . ...... ~
171
SUBSCRIBED AND SWORN TO
BEFORE ME, THIS 11th day of
May in the year of 2018
Notary Public - Deborah Bay r
%'%W111,
DEBORAH JEAN SAYLOR
.= Notary Public, State of Texas
ye Comm. Expires 10-29-2019
�n„.a`� NotaryID
]3042344-2