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HomeMy WebLinkAboutOrd 934 Entrada Dev Plan AmendmentTOWN OF WESTLAKE ORDINANCE NO.934 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 720, AS AMENDED, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT 1-3 (PD 1-2), COMMONLY KNOWN AS ENTRADA; AND REPEALING ORDINANCE 918, WHICH AMENDED ORDINANCE 720; 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, On October 28, 2013, the Westlake Town Council approved Ordinance 720, which approved the Development Plan for Planned Development District 1-2 (PD 1-2), an approximately 85 acre tract land, located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114, for the purpose of amending the Phase Two portion of the Development Plan; and WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which amended Ordinance 720 by amending only the Phase Two portion of the Development Plan; and WHEREAS, On October 26, 2020, The Town Council approved Ordinance 918, which amended Ordinance 720, and repealed Ordinance 830, by approving various graphics changes and site plan updates to the development plan; and WHEREAS, the developer seeks to further amend the development plan by changing various land use and building configurations; 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 August 16, 2021 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to the development plan and shown in the attached Exhibit "A"; 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 August 23, 2021 by the Town Council; and Ordinance 934 Pagel of 5 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 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 the Entrada development plan, included herein and shown in attached Exhibit "A", 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 the Entrada development plan, as amended, are hereby approved: A. That Ordinance 720, Exhibit B is hereby repealed and replaced with the attached Exhibit "A"; B. That Ordinance 918 is hereby repealed; C. Regarding the following buildings shown on the development plan, if no building permits are issued for all said buildings by January 1, 2023, then further Town Council approval shall be required in order to receive a building permit for said buildings and to extend the expiration period beyond January 1, 2023: (a) all buildings on Block C; (b) the retail and office buildings on Block B; (c) the west mixed -use building on Block K. D. All uses shown on the development plan requiring the approval of a separate Specific Use Permit (SUP), including, but not limited to, the residential repository on Block C and the condominiums located in mixed -use areas, shall require separate Town Council consideration of a Specific Use Permit (SUP) as required by the Town zoning ordinances and Entrada zoning regulations. Approval of any SUP shall be at the sole discretion of the Town Council upon the recommendation of the Planning and Zoning Commission. Therefore, any labeled uses requiring an SUP shall not be considered entitled uses without the separate approval of an SUP. E. That all other provisions of Ordinance 720 not in conflict with Exhibit "A" shall remain in full force and effect; F. In the event of a conflict between this ordinance and Ordinance 703, as amended, Ordinance 934 Page 2 of 5 and Ordinance 760, as amended, Ordinances 703 and 760 and their amendments, where applicable, shall control; G. With regard to housing type, counts and entitlements, information shown on Exhibit "A" is purely informational and shall not be considered regulatory. Final regulatory approval shall be determined upon consideration of the applicable site plan and/or Specific Use Permit by the Town Council. SECTION 3: That, except where provided specifically herein, 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. 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 23r" DAY OF AUGUST 2021. ATTEST: ;, & 464 Tod Wood, Town Secretary Laura Wheat, Mayor A(9, ; kiCeiC a4,--- Amanda DeGan, Town Manager Ordinance 934 Page 3 of 5 L. Stanton Lowry, Town Attorney Ordinance 934 Page 4 of 5 EXHIBITS EXHIBIT A Development Plan Amendment Ordinance 934 Page 5 of 5 No Text