HomeMy WebLinkAboutOrd 935 Entrada Zoning AmendmentTOWN OF WESTLAKE
ORDINANCE NO.935
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE
703, AS AMENDED, 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, Ordinance 703 was further amended by Ordinance 908, approved by the
Town Council on May 18, 2020; 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, amendments are also proposed to the site plan approval process; 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 Ordinance 703 contained herein; and
WHEREAS, following provision of proper legal notice, including written notice to owners
within the PD 1-2 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 August 23, 2021 by the Town Council; and
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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 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:] "Residential Repository" [subject to the approval of a Specific
Use Permit (SUP).]"
"Article I — General Provisions, Section 3 — General Definitions
[Addition of new definition:] Residential Repository — A retail service establishment,
operating under a single Certificate of Occupancy, providing enclosed storage units
primarily to residential customers within a single, enclosed and climate -controlled
structure with each unit having individual access. Prohibited activities include utilization
of any unit as a residence or short-term residential accommodation, industrial
manufacturing, and any other use that may pose a nuisance and/or threat to public health
and safety or otherwise constitute illegal activity under local, State and Federal law.
Further conditions and restrictions, including but not limited to licensing requirements,
may be placed upon a Residential Repository within the ordinance that approves the
Specific Use Permit. "
"Article I — General Provisions, Section 5.3 Site Plans" is hereby repealed and replaced
with the following language:
A PD site plan is mandatory and is the final step of the PD development process. The
purposes of a PD site plan are to ensure that the development of individual building lots,
parcels, or tracts within the PD district are consistent with the approved development plan
and to ensure that the standards applicable within the PD district are met for each such
lot, parcel, or tract. A PD site plan shall continue to be valid for a period of two years
after it is approved per the provisions of this ordinance; however, if a building permit for
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all structures shown on the approved site plan is not issued by the Town within the two-
year period after approval, the site plan shall automatically expire and shall terminate. If
a PD site plan terminates, development of the land covered by the terminated plan cannot
occur until a new PD site plan has been approved for the land as provided by this article.
Legislative approval of a site plan shall not be required except as provided herein and
shall only require administrative approval by the Town Manager or designee. In reviewing
said site plans, the Town Manager or designee may, in any instance, defer the
consideration and approval of said site plan to the Town Council upon the recommendation
of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied
by the Town Manager or designee, then the applicant may appeal said decision to the Town
Council upon the recommendation of the Planning and Zoning Commission. All site plan
submissions shall otherwise meet the requirements of this ordinance and other pertinent
Town regulations.
All site plans shall be consistent with the approved development plan, as amended, and
shall adhere to the approved Entrada design guidelines, as amended.
Variances to the regulations contained in this PD ordinance and its subsequent
amendments, may only be approved by the Town Council via a Site Plan approval if the
Site Plan approval process adheres to the same notification and public hearing process
that a zoning change is required to adhere to by State law. "
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.
SECTION 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
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PASSED AND APPROVED ON THIS 23rd DAY OF AUGUST 2021.
ATTEST:
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Todd W od, Town Secretary
APPROVED AS TO FORM:
L. Stant o own Attorney
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Laura Wheat, Mayor
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Amanda DeGan, Town Manager
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