HomeMy WebLinkAboutOrd 941 Amending Ord 855TOWN OF WESTLAKE
ORDINANCE NO. 941
AN ORDINANCE AMENDING ORDINANCE 855 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 April 22, 2013 the Town Council approved Ordinance 703 establishing
the Zoning for Planned Development 1, Planning Area 2 (PD 1-2), also known as Entrada; and
WHEREAS, Ordinance 703, Exhibit 7 states that the size, number and configuration of
residential condominiums in Entrada shall be established by Specific Use Permit (SUP)
establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as
Entrada; and
WHEREAS, On May 21, 2018 the Town Council approved Ordinance 8.55, which
approved a Specific Use Permit (SUP) for 126 condominium units on Block K, Westlake F_.ntrada
Addition, known as the "Plaza Mayor"; and
WHEREAS, On November 26, 2018 the Town Council approved Ordinance 872, which
amended Ordinance 855 conditions and added.24 additional condominium units; and
WHEREAS, Whereas Section 2(i) of Ordinance .855 contains revocation and expiration
provisions for the SUP; and
WHEREAS, on May 21, 2019 the SUP granted by Ordinance 855 expired per the
provisions in Ordinance 855, Section 2(i); and
WHEREAS, the original SUP applicant is requesting an extension to the revocation and
expiration provisions contained in Ordinance 855, and requesting to reduce the number of
condominium units to not more than 100 units in a single building; 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 September 27, 2021,, by
the Town Council; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on
September 20, 2021, the Town Council of the Town of Westlake, Texas is of the opinion that it is
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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 8.55 subject to the following conditions:
A. Ordinance 872, amending Ordinance 855, is hereby replealed;
B. The provisions of Ordinance 855 are hereby repealed and replaced with the
following provisions:
1. The condominiums approved by this SUP, including all related structures
and amenities, shall at all times comply with the provisions of: Ordinance
703 (Entrada zoning regulations), as amended; Ordinance 720 (Entrada
development plan), as amended; Ordinance 760 (Entrada design
guidelines), as amended; and, all other applicable Town ordinances.
2. The maximum number of residential condominium units in Building A, as
shown on Exhibit "A", shall not exceed 100 units.
3. The ground floor area of Building A shall be generally consistent with
Exhibit "A".
4. At a minimum, the developer shall provide the following amenities for
resident use to be contained within the condominium building:
a. Swimming Pool
b. Fitness Center
c. Sauna Room
d. Wine Lounge
e. Business Center
f. Concierge Service
g. Media Room
i. Wi-FI Access
j. 24-hour concierge
Minor modifications to any of the above amenities may be approved by the
Town Manager or designee(s).
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5. An interior design package shall be provided to the Town before the
issuance of building permits. At a minimum, the package should include a
detailed list of the amenities noted above and a description of fixtures,
furnishings, and materials.
6. A building signage plan must be submitted to the Town and approved by
the Town Manager or his/ her designee(s) before the issuance of a
Certificate of Occupancy for Building A.
7. Prior to the issuance of the Certificate of Occupancy for the Condominium
building, a copy of the official recorded condominium regime document for
this condominium that is filed with Tarrant County Clerk shall be provided
to the Town Manager or designee and shall be kept in the official Town
records.
This SUP hereby grants the approval for the construction of a multistory,
multi -occupancy residential structure that allows for individual ownership
of each residential unit under a condominium regime as authorized by the
State of Texas. This SUP shall automatically revoke and expire upon the
occurrence of any of the following circumstances: (1) The building permit
allowing the construction of the condominium building is not issued within
one year after the approval date of this ordinance; (2) The use authorized by
the SUP is abandoned for more than six consecutive months after either the
expiration of the building permit, 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.
9. Prior to issuance of the building permit, a site plan amendment for the
subject property authorizing the construction of Building A as shown in
Exhibit "A" must be approved by the Town.
10. Prior to the issuance of the buildingpermit forthe structure authorized by
this SUP, the Town and the property owner shall enter into a site
development agreement relative to the development. Amendments to the
existing development agreement for Entrada development may fulfill this
requirement provided the amendments address the subject property.
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
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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 tenns
or provisions of this Ordinance are hereby repealed.
SECTION 5: Any person, firm or corporation violating any of the provisions or tenns 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 notto 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 27th DAY OF SEPTEMBER 2021.
A ;-'-1"F'S :
Tod Wood, Town Secretary
APPROVED AS TO FORM:
L. Stanton -Lowry, Town Attorney
Laura Whe t, Mayor
Amanda DeGan, Town Man igci,
pF WEST,Z
O
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EXHIBITS
EXHIBIT A CONDOMINIUM BUILDING A PLANS
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