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HomeMy WebLinkAboutOrd 518 Granding SUP for a Helistop located at 3 Campus CircleTOWN OF WESTLAKE ORDINANCE NO. 518 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY GRANTING A SPECIAL USE PERMIT AND AMENDING THE RELATED SITE PLAN FOR A HELISTOP; LOCATED AT 3 CAMPUS CIRCLE IN THE SOLANA BUSINESS PARK, WESTLAKEISOUTHLAKE PARK ADDITION NO. 1, LOT 1, BLOCK 1; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of facts presented on the application for a Special Use Permit and amending the related site plan at the public hearings on the same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; 2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent and nearby property anticipated to be in place upon expiration of the term of the Specific Use Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in effect on the date of granting of said permit; 3. That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's Comprehensive Plan. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the granting of Special Use Permits under the Zoning Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings and affording a full and fair process to all property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the Board of Aldermen of the Town of Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein; and WHEREAS, the Board of Aldermen of the Town of Westlake amended the Town of Westlake Code of Ordinance on November 20, 1985 by adopting PD -1 and establishing the zoning necessary to accommodate the Solana office complex; and Ordinance No. 518 — April 23, 2007 Page 1 of') WHEREAS, the Board of Aldermen finds it in the best interest of the public to amend the Solana Comprehensive Site Plan to accommodate a helistop on the northern portion of PD -1 adjacent to the newly established First American Regional Headquarters in order to enhance the economic viability and customer convenience of the Solana complex and reduce noise produced from existing helicopter operations south of the Solana Health Club; and WHEREAS, the current zoning of the Solana PD -1 reflects the base zoning standard of the 0 - Office Park zoning criteria which allows helistops as a specific use. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be, and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Special Use Permit and amend the comprehensive site plan, attached as Exhibit A, reflecting the location of the new helistop in PD -1, located on the property at 3 Campus Circle and owned by Maguire Partners. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the Town of Westlake as herein amended by the granting of a Special Use Permit and approval of the amendment to the comprehensive site plan for the helistop and incorporated herein by reference. 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 Comprehensive Zoning Ordinance 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. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. Ordinance No. 518 — April 23, 2007 Page 2 of 3 PASSED AND APPROVED ON THIS 23rd DAY OF APRIL, 2007. ATTEST: Kid Sutter, TRMC, Town Secretary APPROVED AS TO FORM: ^�A4 R L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Trent O. Petty, Town ager Ordinance No. 5 18 — April 23, 2007 Page 3 of 3 t I, SALES MANAGER of the Alliance e:. loll "HKI*1smLm# a