HomeMy WebLinkAboutOrd 903 Amending Ord 865 Solana Fountain Plaza TOWN OF WESTLAKE
ORDINANCE NO. 903
AN ORDINANCE AMENDING ORDINANCE 865; APPROVING A SITE PLAN
AMENDMENT FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK
ADDITION NUMBER ONE; 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 PD 1 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 PD 1-1, PD 1-2 and PD 1-3; 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WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and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 903
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WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 767, which amended certain PD 1-1 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 PD 1-1 development regulations and
amended Ordinance 691; and
WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas
approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and
WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PDl-1 zoning
district as amended; and
WHEREAS, on September 24, 2018, The Town Council of the Town of Westlake,
Texas approved Ordinance 865, which amended Ordinance 202 by approving a site plan
amendment to construct additional surface parking on Lots 3 and 4, Block 2, Westlake/Southlake
Park Addition Number One; and
WHEREAS, on January 28, 2019, The Town Council of the Town of Westlake, Texas
approved Ordinance 876, which amended Ordinance 865 by approving 35 previously omitted
surface parking spaces subject to certain landscaping requirements; and
WHEREAS, the property owner has submitted an application seeking to amend
Ordinance 865 in order make changes and alterations to the existing small fountain plaza on Lot
4, Block 2, Westlake/Southlake Park Addition Number One as part of the improvements
authorized by Ordinance 865; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD 1-1 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 December 16, 2019, by the Town Council; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on
December 9, 2019, 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 amendment to Ordinance 865 be
approved.
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.
Ordinance 903
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SECTION 2: That Ordinance 865 of the Town of Westlake, Texas be amended in order
to make changes and alterations to the existing small fountain plaza on Lot 4, Block 2,
Westlake/Southlake Park Addition Number One subject to the following conditions:
1. All changes and alterations authorized by this Ordinance shall be in accordance with
Exhibit "A".
2. All other provisions of Ordinance 865 and Ordinance 876 shall remain in full force and
effect, except where amended herein.
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.
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 16th DAY OF DECEMBER 2019.
ATTEST: Laura Wheat, Mayor
a "—ite14 4, 411
T a Morris, ssistant to the Town Secretary Amanda DeGan, Town Manager
APPROVED AS TO FORM: yY
L. Stanton Lowry, Town Attorney
Ol Ordinance 903
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