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HomeMy WebLinkAboutOrd 426 Amending Zoning Districts, Zoning Map and Permissible UsesTOWN OF WESTLAKE ORDINANCE NO. 426 ORDINANCE OF ! OF 1 ARTICLE III, ZONING DISTRICT SUBSECTION PURPOSE OF ZONINGDISTRICTS AND OFFICIAL ZONINGAND L PROVIDING !. A SAVINGS CLAUSE;PROVIDING !. A PENALTY AND PROVIDING Fi DATE. WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, an analysis of the Town's codes and regulations has determined that amendments to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on August 8, 2002, the Planning and Zoning Commission of the Town of Westlake has recommended that the Zoning Ordinance as contained in the Unified Development Code be revised in accordance with the procedures and processes established in that code for the Town; and WHEREAS, The Town of Westlake has proposed several amendments to the Comprehensive Zoning Ordinance of the Town and has submitted same to the Planning & Zoning Commission of the Town, as required by State statutes and the conditions and prerequisites having been complied with, the case having come before the Board of Aldermen (Board) of the Town after all legal notices, requirements, conditions and prerequisites having been complied with: and Page 1 of 13 WHEREAS, the Board, at a public hearing called by the Board, did consider the following factors in making a determination as to whether the requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for trafficreasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the Board, at a public hearing called by the Board did consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities, and WHEREAS, the Board further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this town; and WHEREAS, the Board does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, schools, parks and other public requirements; and WHEREAS, the Town Board has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the condition; and therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the Page 2 of 13 citizens of the Town, and help promote the general health, safety, and welfare of this community NOW, THEREFORE, E IT ORDAINED BY THE CITY COUNCIL, OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: 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 Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 1.1 Official Zoning Map of Article III Zoning Districts and Maps, to read as follows: 1.1 Official Zoning Map A. The Town of Westlake is hereby divided into eleven (11) zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts Abbreviated Zoning District Name Designation C6R-5" Country Residential "R-2" Rural Residential 66R-1" Estate Residential 64R-0.551 Neighborhood Residential "MF" Multi -Family Residential 66LR" Local Retail 66099 Office Park 640-H" Office Park — Hotel 66041' Office — Industrial Park "PD" Planned Development District "GU" Governmental Use Page 3 of 13 B. The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this is the Official Zoning Map referred to in ARTICLE ll( of the Unified Development Code, Ordinance No. of the Town of Westlake, Texas" together with the date of adoption of this ordinance." C. When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the Town Secretary promptly after the amendment has been approved by the Board of Aldermen, and the change shall note the ordinance number and date that the change was approved. D. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. E. The original reproducible tracing of the Official Zoning Map shall be located in the Office of the Town Secretary in the Town Hall and shall be the final authority as to the current zoning status of land and water areas, building and other structures in the Town of Westlake. F. The Board of Aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Unified Development Code of the Town of Westlake, Texas. " G. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. SECTION 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 3 Purpose of Zoning Districts of Article III, Zoning Districts and Maps Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the Town as follows: Page 4 of 13 K e- "R-5",..Country Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of five (5) acres (217,800 sq.ft.) excluding all required public dedications (including but not limited to) rights-of-way, parks, and open spaces. Country Residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. "R-2", Rural Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of two (2) acres (87,120 sq,ft.) excluding all required public dedications (including but not limited to) rights-of-way,. parks, and open spaces. Rural Residential districts are intended to provide an opportunity for rural residential character. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. "R-1" Estate Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of one (1) acre (43,560 sq,ft.) for the subdivision excluding all required public dedications (including but not limited to) rights-of-way,_.parks, and open spaces. Such developments offer the ability to develop at a higher density without compromising the rural residential character of the Town. "R-0.5", Neighborhood Residential: This district is intended to be composed of single family dwellings on lots measuring a minimum of a half acre (21,780 sq,ft.), excluding all required public dedications (including but not limited to) rights-of-way, parks and open spaces. It is intended to be applied to relatively flat land where building sites may be created without the use of retaining walls and the removal of significant amounts of vegetation or mature trees. "W", Multi-Family Residential District: This district is intended to allow for multi -family residential development in areas where additional requirements for streets, utilities, drainage, open space and landscaping are met. This district requires approval of a site plan prior to development. "LR", Local Retail District: This district is a retail category intended to serve local residents and businesses. The "LR" District occurs most often at limited corner locations at intersections of major thoroughfares. Off-street parking requirements are set out for business establishments in this district as are the requirements for lot coverage. "0", Office Park District: The purpose and objective of this classification and its application is to allow planned office parks consisting of office buildings for business and professional use, research and development complexes, and buildings for accessory uses. Off-street parking and lot coverage requirements are set out in this district. "O -H", Office Park - Hotel District: This district is very similar to the "O" District, but permits hotels and motels, conferencing centers and training facilities, and restaurants in addition to office buildings. "O -I", Office Industrial District: The purpose of this classification is to establish industrial areas of high operational development and environmental standards. Because there will be significant neighboring residential and office park development, the district permits offices and industrial uses that are predominantly light in character, have their operations conducted wholly within Page 5 of 13 buildings, minimize traffic congestion, noise, glare, air pollution, fire and safety hazards, and are compatible with adjacent land uses. • • r "PD", Planned Development District: The purpose of the Planned Development District is: ® To provide for a superior design of lots or buildings; ® To provide for increased recreation and/or open space opportunities for public use; ® To provide rural amenities or features that would be of special benefit to the property users or community; ® To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; ® To protect or preserve existing historical buildings, structures, features or places; and ® To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. ® The "GU" Governmental Use District is established to apply to those lands where national, state, or local governmental activities are conducted and where governments or their duly created instrumentalities hold title to such lands. Any lawful governmental activity is permitted in these districts. It is not intended to classify all lands owned by government into this district, but only those lands particularly and peculiarly related to the public welfare. It is generally intended to utilize this district to implement the comprehensive master plan. SECTION 4: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 1.1 Use of Land and Buildings of Article IV, Permissible Uses, Westlake Land Use Schedule to read as follows: Page 6 of 13 MIN1118TE051 SF Residential Permitted Uses Gov MF Commercial R-5 R-2 -1 -0.5 X=Permifted, A=Accessory Use, S=SUP GU MF LR 0 0-1 X x x x x x x x AGRICULTU USES x Orchard X x x X Plant Nursery (Growing) x x x x x x x Plant Nursury (Retail Sales) Single Family Attached x x x S S X Farms General (Crops) x X Utility Distribution Lines* x x x FAA x Farms General (Livestock, Ranch) x x x x x S x X Veterinarian (indoor Kennels) x X Sewage Pumping Station x A A ;k-- Servants/Caretakers Quarters* Veterinarian (Outdoor Kennels) A x -A S S S Stables (Private, Principal Use) A Ground) A S S X x x X Stables (Private, Accessory Use) Employees/CustomersNisitors* Stables (As a Business) Retirement Home S x S 09/20/2002 Proposed Article IV, Permissible Uses Page 2-1 Heliport A S RESIDENTIAL USES X x x X Single Family Detached S Single Family Zero Lot Line S x S Telephone Switching Station x x x x Single Family Attached Electrical Substation x S S S X x x X Utility Distribution Lines* Duplex x FAA x X x x X Home Occupation S x X x x X Sewage Pumping Station A A A ;k-- Servants/Caretakers Quarters* A A x -A S S S Temporary Accommodation for A Ground) A A A Employees/CustomersNisitors* Retirement Home x x Nursing/Convalescent Home x x Hospice x x x INSTITUTIONAL and Hospital x x x A GOVERNMENTAL USES Psychiatric Hospital S x . . ... Clinic Emergency Ambulance Service x x x x x Post Office (Governmental) x x X x X I A X X Mailing Service (Private) x x x 09/20/2002 Proposed Article IV, Permissible Uses Page 2-1 Heliport A S Helistop A S S S S S S Telephone Switching Station x x x x Electrical Substation S S S X x x X Utility Distribution Lines* x x x x Utility Shop and -Storage x S S x X x x X Sewage Pumping Station x x x x Water Storage Tank (Elevated or x S S S Ground) Retirement Home x x Nursing/Convalescent Home x x Hospice x x x Hospital x x x Psychiatric Hospital S x x Clinic S x x x X X X X Child Daycare (7 or more)* X I A X X x 09/20/2002 Proposed Article IV, Permissible Uses Page 2-1 Exhibit C-1 SF Reside tial Permifted Uses Gov IVIF Commercial COMMERCIAL USES Multifamily (Apartments) X Banks and Financial Institutions X X X Information Processing X X Laundry/Dry Cleaning (Drop/Pick) X X Beauty Parlor/Barbershop x A -x Clothing Store X X Grocery X Service Station X X Drug Store x A -x Variety Store X Bakery Sales X Stationary Store X A Antique Shop X Hardware Store X X Sporting Goods X Paint and Wallpaper X X Cloth Store X (Excluding Second Hand Goods) 09/20/2002 Proposed Article |\( Permissible Uses Page 2-2 Exhibit C-1 SF Reside tial Permitted Uses Gov MF Commercial R-5 R-2 R-1 R-0.6 X=Permifted, A=Accessory Use, S=SUP GU MF LR 0 0-1 Restaurant/Caf6 with Private Club S S S Auto/Truck Parts and Accessories S X 1Household Furniture/Appliances X X 09/20/2002 Proposed Article IV, Permissible Uses Page 2-3 X 1% USEMENT /RECREATION X X Golf Course (Public or Private) X X X X X X X X Park or Playground X X X X X See Article IV, Section 6 Wireless Communications Facility See Article IV, Section 6 F- Non-commercial Radio Tower S S S Race Track Operation S Recreation Facility, Health Studio X X X X X S S S S Country Club (Private Membership) X -X -X -X S S S S Tennis, Basketball Ct, etc. lighted S S S -S S X X X X Tennis, Basketball Ct, etc. unlighted X X X X -X AT S X AUTO SERVICES Truck/Trailer Rental; Auto Body Repair S Auto Mechanical Repair S X Quick Lube/Oil Change X X Vehicle Maintenance (Private) X X X W LESA HO LE TRADE Warehouse/Storage (inside) ..... . ....... .. X Warehouse/Storage (Outside) S Scrap/Waste Recycling Collection S and/or Storage Gas/Chemical Bulk Storage S Light Manufacturing/Assembly S S X Apparel Manufacturing X Packaging and /or Distribution X Printing, Engraving and related X Reproductive Services Distribution of Books/Other Printed X Material Machine Shop S Welding Shop S S S S S Temporary Batching Plant* S S S S 09/20/2002 Proposed Article IV, Permissible Uses Page 2-3 I SF Residential � _j Permitted Uses Gov IVIF I Commercial x x X Builder Directional Signs (Temp.) —Wall —Signs x x x x x X Political Yard Signs (Temp.) x x 08/20/2002 Proposed Article |\( Permissible Uses Page 2-4 SECTION 5: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 4.1 District Development Standards Chart of Article V, Zoning District Development Standards, to read as follows: Page 11 of 13 N 7�+ O bA as I I cr tb 03II a, R3 O �U N Cd o C) 0 0 0 O N O N O N In O N U ❑ � a O V N # � N Cl)kn # O # # E E U # Oct O O O M r OCD U N N N N N N y 'A v) N N N N N N N M M bb v) ,G vi vi vi vi vi vi to y, p CD O,.� O O ,� O O .� oo O ,.O v_ O bA O> O O O O O O O N W N Oa PA -—< N M M Z O Z N ® N N NO N 4 y 4: 4-: 4•: 4J � 4� 44 w 44 ® v I vi vi vi v vi C. 0 0 0 0 0 O N N N N N Z U ca cq3 U cd y c • d 7:1 V)Ct G -q .U- '�., C tom$ .� f]y✓ a � '� V N LLQ Y L cc EE�''"' 'TI O cn •N S O W W O •� "' U �G W Z a O O a C7 .� # TS # O u7 SECTION 6: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION -7- This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 8: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 9: This Ordinance shall become effective upon its passage by the Board of Aldermen. ATTEST: Ginge rosswy, Town Secretary Scott Bradley, Mayor Ur Trent O. Petty, Townfnager Page 13 of 13 F MIS �I �V I �M , ffil z7v/ PUBLISIiER of the Alliance Region Newspapers of Haslet, Texas, a n spaper of general circulation which has been �w published in Denton County regularly and continuously for a period of one year prior t © first day of publication of this notice, solemnly swear that the notice hereto attache was published in the Alliance Regional Newspapers, on the following dates, to -wit: I Publisher V SUBSCRIBED AND SWORN TO before me on the day of