HomeMy WebLinkAboutOrd 862 Amending Ordinance 202 by repealing Ordinance 529 regarding Planned Development PD-1 TOWN OF WESTLAKE
ORDINANCE NO. 862
AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; REPEALING
ORDINANCE 529 WHICH APPROVED A COMPREHENSIVE PD SITE PLAN
AMENDMENT FOR THE PD1-1 ZONING DISTRICT; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING
FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,the Town of Westlake, Texas is a general law municipality; 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, on November 16, 1992 the Town Council of the Town of Westlake, Texas
approved Ordinance 202 establishing the PD1 zoning district; and
WHEREAS, Section 5 of Ordinance 202 states that "any development within PD1 not
materially in accordance with the Site Plans [adopted by Ordinance 202] will require the
submission and approval of a new comprehensive site plan for such additional or substantially
changed development..."; and
WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of a
concept plan shall be deemed satisfied by the Site Plans.; and
WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas
approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site
plan amendment to allow for two additional buildings; and
WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas
approved Ordinance 588, which amended Ordinance 202 and approved various amendments to
development provisions; and
WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas
approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into
three separate planning areas known as PD1-1, PD1-2 and PD1-3; and
WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and
WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas
approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site
plan amendment; and
Ordinance 862
Page 1 of 3
WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 767, which amended certain PD1-1 development regulations and amended
Ordinance 691; and
WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 774, which further amended certain PD1-1 development regulations and
amended Ordinance 691; and
WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning
district as amended; and
WHEREAS, the property owner has petitioned the Town Council seeking to repeal
Ordinance 529, which only amended Ordinance 202, and states that they have no intention to
construct the buildings approved by Ordinance 529; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD1-1 zoning district and 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 August 27, 2018, by the Town Council; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on
August 13, 2018, 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 Ordinance 529 be repealed.
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 found to be true and correct.
SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be
amended by repealing Ordinance 529.
SECTION 3: 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 Town Council 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 4: 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.
Ordinance 862
Page 2 of 3
SECTION 5: 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.
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 27th DAY OF AUGUST 2018.
ATTEST: Laura Wheat, Mayor
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Kell Edw s, Town Secretary Thomas E. Brymer n Manager
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Ordinance 862
Page 3 of 3
Star-Telegram
MEDIA
Arlington Citizen-Journal I The Keller Citizen I La Estrella
,• -_ . - -r - ram Northeast!Weatherford Star-Telegram
star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-63151800.776.7827
AFFIDAVIT OF PUBLICATION
Account p Ad Number
Identification PO Amount Cols Depth
603646 0003831699 TOWN OF WESTLAKE ORDINANCE NO.862 At ORD NO 862 $378.60 1 30.00 Li
Attention: THE STATE OF TEXAS
TOWN OF WESTLAKE County of Tarrant
1301 SOLANA BLVD Before me,a Notary Public in and for
BLDG 4 STE 4202 said County and State,this day
ROANOKE,TX 762627940 personally appeared CHRISTINE
TOWN OF WESTLAKE TOWN OF WESTLAKE LOPEZ, Bid and Legal Coordinator
ORDINANCE NO.862 ORDINANCE NO.862
AN ORDINANCE AMENDING ORDI- AN ORDINANCE AMENDING ORDI- for the Star-Telegram, published by
NANCE 202, AS AMENDED; i NANCE 202, AS AMENDED;
REPEALING ORDINANCE 529 REPEALING ORDINANCE 529 the Star-Telegram, Inc. at Fort Worth,
WHICH APPROVED A COMPRE- j WHICH APPROVED A COMPRE-
HENSIVE PD SITE PLAN HENSIVE PD SITE PLAN in Tarrant County,Texas;and who,
AMENDMENT FOR THE PD1-1 AMENDMENT FOR THE PD1-1 after beingdulysworn,did depose
ZONING DISTRICT; PROVIDING ZONING DISTRICT; PROVIDING
FOR A SEVERABILITY CLAUSE; FOR A SEVERABILITY CLAUSE; and say that the attached clipping of
PPROVIDING FOR A SAVINGS PROVIDING FOR A SAVINGS
CLAUSE; RAUIDING FOR A CLAUSE; PROVIDING FOR A an advertisement was published in
PEENALTY CLAUSE; AND PRO- PENALTY CLAUSE; AND PRO-
DFOR AN EFFECTIVE VIDING FOR AN EFFECTIVE the above named paper on the listed
DAATE.TE. DATE.
SECTION person shall bea unlawful for SECTION 5:It shall be unlawful for dates:
any to violate any and anyovi- any person to violate any provi-
person of this Ordinance to sion of this Ordinance, and any
cmplviolating or sailing here- person violating or failing to
fmply with any provisionp
of shall be fined, upon convic- comply with any provision here-
tion, in an amount not more of shall be fined, upon convic-
than Two Thousand Dollars tion, in an amount not more 2 Insertion(s)
($2,000) and a separate offense than Two Thousand Dollars
shall be deemed committed ($2,000)and a separate offense Published On:
each day during or on which a shall be deemed committed
violation occurs or continues. each day during or on which a
PASSED AND APPROVED ON violation occurs or continues. August 31,2018,September 01,
THIS 27th DAY OF AUGUST PASSED AND APPROVED ON 2018
2018. THIS 27th DAY OF AUGUST
2018.
_N—QICC''--)-6
(Principal Clerk)
SUBSCRIBED AND SWORN TO
BEFORE ME,THIS 13th day of
September in the year of 2018
t.! 4_ ADo-C ?-
Notary Public-Deborah Bay or