HomeMy WebLinkAboutOrd 908 Amending Ordinance 703 to add Private Sporting Club useTOWN OF WESTLAKE
ORDINANCE NO. 908
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, approved by the Town Council on April 22, 2013,
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, Ordinance 703 was amended by Ordinance 852, approved by the Town
Council on April 30, 2018; and
WHEREAS, an application was received requesting that a new principal use be added to
the Land Use Schedule contained in Ordinance 703; 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 May 11, 2020 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 the PD1-2 zoning district and within 200 feet of the PD1-2 zoning district, published notice
and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public
hearing was held on May 18, 2020 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
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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.
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:
"Article II — Uses, Land Use Schedule — Permitted Uses, Commercial Uses
[Addition of New Use:] "Private Sporting Club" [subject to the approval of a Specific
Use Permit (SUP).]"
"Article I — General Provisions, Section 3 — General Definitions
[Addition of new definition:] Private Sporting Club — A membership restricted indoor
business and/or organization that promotes, hosts and/or facilitates sports activities and
sports related hobbies on -site for the enjoyment and participation of its members and their
guests. Subject to final approval of a Specific Use Permit, specific approved sports may
only include sports that are permitted under Federal, State and Town regulations and
which do not present a nuisance and/or threat to the health and safety of the public. "
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.
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.
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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 18th DAY OF MAY 2020.
ATTEST:
Todd Wood, Town Secretary
APPROVED AS TO FORM:
7a Q �'
L. tanton Lowry, Town Attorney
Laura Wheat, Mayor
dma4t.04 ict
Amanda DeGan, Town Manager
rE X AS
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