HomeMy WebLinkAboutOrd 927 Amending Ord 906 ConditionsTOWN OF WESTLAKE
ORDINANCE NO. 927
AN ORDINANCE AMENDING ORDINANCE 906 CONDITIONS; APROVIDING 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, 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 January 27, 2020 the Town Council approved Ordinance 906, which
approved a Specific Use Permit (SUP) for 10 condominium units on a 0.376 acre portion on Block
N, Westlake Entrada Addition; and
WHEREAS, Whereas Section 2(f) of Ordinance 906 contains revocation and expiration
provisions for the SUP; and
WHEREAS, on January 28, 2021 the SUP granted by Ordinance 906 expired per the
provisions in Section 2(f); and
WHEREAS, the original SUP applicant is requesting an extension to the revocation and
expiration provisions contained in Ordinance 906; 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 24, 2021, by the
Town Council; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on May
17, 2021, 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 this SUP amendment 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 Town Council of the Town of Westlake, Texas does hereby
approve amendments to Ordinance 906 subject to the following conditions:
Ord inance )'_1
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A. Section 2(f) of Ordinance 906 is hereby repealed and replaced with the
following statement:
"The SUP authorized by Ordinance 906 is hereby declared to be valid and
active. Said SUP shall automatically revoke and expire upon the occurrence
of any of the following circumstances: (1) The building permits (not
including grading/ earthwork permits) allowing the construction of the
condominiums are not issued within one year after the approval date of this
amending ordinance; (2) The use authorized by the SUP is abandoned for
more than six consecutive months after either the expiration of the building
permit (not including grading/ earthwork permits), or, after the issuance of
the certificate of occupancy; (3) Any change in use of this building to a use
other than that described and authorized by this ordinance; (4) Failure to
provide the official recorded copy of the condominium regime as described
and conditioned herein."
B. All provisions of Ordinance 906 shall remain in full force and effect except
as amended herein.
SECTION 3: 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 4: 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 5: 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 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 24th DAY OF MAY 2021.
Ordinance 927
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ATTEST:
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Tod Wood, Town Secretary
APPROVED AS TO FORM:
L. Stanton Lowry, "Town Attorney
Laura Wheat, Mayor
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Amanda DeGan, Town Manager
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