HomeMy WebLinkAboutOrd 942 Approving a site plan amendment for Lot 1R, Block 3, Westlake/Southlake Park Addition #1TOWN OF WESTLAKE
ORD NANCE NO. 942
AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A
SITE PLAN AMENDMENT FOR LOT IR, BLOCK 3, WESTLAKE/SOUTHLAKE
PARK ADDITION NUMBER ONE; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE;
AND PROVIDING FOR 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 November 16, 1992 the Town Council of the Town of Westlake, Texas
approved Ordinance 202 establishing the PD1 zoning district; and
WHEREAS, Section 5 of Ordinance 202 states that "any development within PD 1 not
materially in accordance with the Site Plans [adopted by Ordinance 202] will require the
submission and approval of new comprehensive site plan for such additional or substantially
CI
anged development..."; and
WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of' a
concept plan shall be deemed satisfied by the Site Plans.; and
WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas
approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site
plan amendment to allow for two additional buildings; and
WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake.. Texas
approved Ordinance 588, which amended Ordinance 202 and approved various amendments to
development provisions; and
WHEREAS, on January 7, 2013,.The Town Council of the Town of Westlake, Texas
approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into
three separate planning areas known as PD 1-1, PD 1-2 and PD 1-3; and
WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and
WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas
approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site
plan amendment; and
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WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 767,which amended certain PDl-1 development regulations and amended
Ordinance 691; and
WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas
approved Ordinance 774, which further amended certain PDl -1 development regulations and
amended Ordinance 691; and
WHEREAS, on August 27, 2018, The Town Council of the Town of Westlake, Texas
approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and
WHEREAS, on September 24, 2018, The Town Council of the Town of Westlake,
Texas approved Ordinance 865, which amended Ordinance 202 by approving a comprehensive
site plan amendment for Lots 3 and 4, Block 2, Westlake/So uthlake Park Addition Number One;
and
WHEREAS, on January 28, 2019, The Town Council of the Town of Westlake, Texas
approved Ordinance 876, which amended Ordinance 865 conditions; and
WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning
district as amended; and
WHEREAS, an application has been receivedto amendthe approved site plan for Lot
1 R, Block3, Westlake/Southlake Park Addition Number One in order to redevelop the site for a
new fitness center; and
WHEREAS, following provision of proper legal notice, including written notice to
ownerswithin the PD1-1 zoning district and within 200 feetof 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 October 25, 2021, by the Town Council; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission on
October 11, 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 the comprehensive site plan amendment be
approved.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION 1: Thatthe recitals set forth above are hereby incorporated herein, adopted
by the Town and found to be true and correct.
SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be
amended by approving a comprehensive site plan amendment on Lots 1 R, Block 3,
Westlake/Southlake Park Addition Number One as depicted on Exhibit "A" subject to the
following conditions:
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A. All development, landscaping and lighting on the site shall be consistent with Exhibit
"A";
B. The ground -floor view of the site from all adjacent residential properties shall be
screened at all times through the planting and maintenance of living screening which
may include a combination of trees and shrubs in addition to the vegetation shown on
the approved landscape plan. In areas where existing tree cover is not present or
insufficient, a significant amount of living screening shall be composed of evergreen
vegetation in order to promote year-round screening. Said screening shall be installed
not later than the issuance of the final Certificate of Occupancy;
C. Where a conflict exists between the plans shown in Exhibit"A" and the other Town
development regulations, including all PD1-1 development regulations, Exhibit "A"
shall control, otherwise development on the Site shall comply with the Town of
Westlake's regulations;
D. All site signage shall be consistent with the signs shown in Exhibit "A".
E. No business and/or service operations on the Site may occur between 12:00 a.m.
(midnight) and 4:00 a.m., Monday through Sunday.
F. All outdoor lighting fixtures on the site shall be completely shielded and cut-off from
the view of any adjacent residential properties. Indoor lighting fixtures that are
visible from any residential properties shall not create a nuisance and shall provide a
minimal level of visibility through any combination of window treatments, shades,
screens, tinting, etc.
SEC,riON 3: That this Ordinance shall be cumulative of all other Town Ordinances an d
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: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
SECTION 6: It is hereby declared to be the intention of the Town Council of th e Town
of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are
severable, and if any phrase, clause, sentence, paragraph or section ofthis 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
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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 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2021.
ATTEST:
el— ��
Todd Wood, Town Secretary
APPROVTS FORM:
L. t nton o y �1'own Attorney
Laura Wheat, Mayor
&44tL -49mh
Amanda DeGan, Town Manager
6,�'; OF WAS
4O m
TE X PS
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EXHIBITS
EXHIBIT A SITE PLAN AMENDMENT PLANS
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