HomeMy WebLinkAboutOrd 939 amending Ord 928 approving a concept/development plan for a 3-scre tract of the PD7 Zoning DistrictTOWN OF WESTLAKE
ORDINANCE NO. 939
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE 928 APPROVING A CONCEPT/DEVELOPMENT PLAN FOR A
THREE -ACRE PORTION OF THE (PD7) ZONING DISTRICT. 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, 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 in
accordance with the Town comprehensive plan; and
WHEREAS, on May 20, 2019, the Town Council approved Ordinance 882 establishing
the 37.798 acre Planned Development District 7 (PD7) zoning district; and
WHEREAS, on May 24, 2021, the Town Council approved Ordinance 928 amending
Ordinance 882 by repealing and replacing the approved concept/development plan and
development standards and creating a phase one and phase two portion of the Planned
Development District 7 (PD7) zoning district; and
WHEREAS, on May 24, 2021, the Town Council approved the phase one
concept/developmentplan forthe PD7 zoning district called "Westlake Ranch"; and
WHEREAS, the property owner of the three -acre phase two portion of the PD7 zoning
district seeks approval of concept/development p Ian for said property; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD7 zoning district and within 200 feet of the PD7 zoning district, published
notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a
public hearing was held on September 20, 2021 by the Planning and Zoning Commission
(Commission) whereby the Commission recommended to the Town Council approval of the
amendments to Ordinance 928 contained herein; and
WHEREAS, following provision of proper legal notice, including written notice to
owners within the PD7 zoning district and within 200 feet of the PD7 zoning district, 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 and
after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that
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it is in the best interests of the Town and its citizens that these amendments to Ordinance 928
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 928 are hereby authorized:
A. The concept/development plan for the phase two portion of the PD7 zoning
district, attached as Exhibit "A", is hereby approved. Phase two of the
development shall be consistent with Exhibit "A".
B. A preliminary site evaluation shall not be required for phase two. Specific to
the phase two, conditions in Ordinance 928 that reference the preliminary site
evaluation shall be understood to mean the final plat.
C. Specific to phase two, home elevations may deviate from the elevation samples
provided in Ordinance 928.
D. The provisions regarding landscaping and a tree survey contained in Ordinance
928, Exhibit A, Section 3(A) shall be met for phase two not later than the
application for the phase two final plat.
E. Open space shall be consistent with the open space indicated on Exhibit "A".
Open space amenities as noted in Ordinance 928 shall not be required for phase
two. Landscape easements shall comply with the provisions of Ordinance 928,
Exhibit A, Section 3(F).
F. All other provisions and conditions of Ordinance 928 shall be applicable to
phase two and shall remain in full force and effect, except where amended
herein.
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: This ordinance shall take effect immediately from and after its passage
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as the law in such case provides.
SECTION 6: 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 Ordinanceof 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 27th DAY OF SEPTEMBER 2021.
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APPROVED AS TO FORM:
L. Stanton Lowry, Town Attorney
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Laura Whet, Mayor
Amanda DeGan, Town Manager
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EXHIBITS
EXHIBIT A PHASE TWO CONCEPUDEVELOPMENT PLAN
Ordinance 939
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