HomeMy WebLinkAboutOrd 388 Declaring a moratorium on permits, applications, site plans, zoning amendments, preliminary plats and final plats on any outdoor lighted recreational facilities.TOWN OF WESTLAKE, TEXAS
ORDINANCE NO. 388
AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF
WESTLAKE, TEXAS, DECLARING A MORATORIUM FROM THE
EFFECTIVE DATE OF THIS ORDINANCE AND CONTINUING UNTIL JUNE
11, 2001, AT 11:59 P.M., ON THE ISSUANCE, ACCEPTANCE OR APPROVAL
OF ANY PERMITS, APPLICATIONS, SITE PLANS, ZONING AMENDMENTS,
PRELIMINARY PLATS AND FINAL PLATS ON ANY OUTDOOR LIGHTED
RECREATIONAL FACILITIES IN THE TOWN OF WESTLAKE ZONED R-0.5,
R-1, R-2, AND R-5; DIRECTING THE TOWN MANAGER AND HIS
DESIGNEES OF THE TOWN OF WESTLAKE TO CONDUCT
INVESTIGATIONS IN CONJUNCTION WITH THE COMPATIBILITY OF ANY
OUTDOOR LIGHTED RECREATIONAL FACILITIES REGULATIONS
WITHIN THE R-0.5, R-1, R-2, AND R-5 ZONING DISTRICTS TO THE
OVERALL GROWTH, DEVELOPMENT, LAND USE, HEALTH, SAFETY AND
WELFARE OF THE TOWN AND REPORT TO THE PLANNING AND ZONING
COMMISSION AND THE BOARD OF ALDERMEN AS EXPEDITIOUSLY AS
POSSIBLE HIS RECOMMENDATIONS RELATING TO THE R-0.5, R-1, R-2,
AND R-5 ZONING REGULATIONS; PROVIDING FOR A METHOD OF
REPEAL OF THIS MORATORIUM; PROVIDING A SEVERABILITY CLAUSE;
AND PROVIDING THAT THIS ORDINANCE SHALL TAKE EFFECT
IMMEDIATELY UPON PASSAGE
WHEREAS, the Board of Aldermen of the Town of Westlake, Texas, based on
an adopted Comprehensive Land Use Plan has adopted zoning districts and regulations
which regulate the use of land and the locations and use of buildings, other structures and
land for business, industrial, single family residential and other purposes; and
WHEREAS, the Town of Westlake desires to review any outdoor lighted
recreational facilities within the R-0.5, R-1, R-2 and R-5 zoning districts for the purpose
of evaluating goals and objectives for the Town to ensure orderly growth and to
encourage high quality developments and to protect the health, safety and welfare of the
Town of Westlake; and
WHEREAS, the Board of Aldermen does not wish to issue, accept or approve
any permits, applications, site plans, zoning amendments, preliminary plats or final plats
on any outdoor lighted recreational facilities in districts zoned R-0.5, R-1, R-2 and R-5
which might adversely affect surrounding properties or the proper and orderly growth of
the Town until guidelines and/or regulations can be evaluated and considered; and
WHEREAS, the moratorium placed on the issuance, acceptance or approval of
permits, zoning amendments, preliminary plats, final plats or site plans is a minimally
intrusive method of maintaining the status quo until such review can be completed.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: That all the above premises are found to be true and correct and
are hereby incorporated into this ordinance as if copied in their entirety.
SECTION 2: Effective immediately, and continuing until June 11, 2001, at 11:59
p.m., the Town of Westlake shall not issue, accept or approve any permits, which
includes site plans, zoning amendments, other than those initiated by the Town of
Westlake, preliminary plats and final plats, for any outdoor lighted recreational facilities
on all property in the Town of Westlake zoned R-0.5, R-1, R-2 and R-5 unless said
permit application or request is received by the Town of Westlake prior to the passage of
this ordinance. The purpose of this moratorium is to maintain the status quo within the
Town of Westlake until such a time as proper regulations have been adopted with regard
to the above zoning districts.
SECTION 3: The term "permit" as used in the ordinance shall mean a license
certificate, approval, registration, consent, permit, plat, site plan, or other form of
authorization required by law, rule, regulation, or ordinance that must be obtained by a
person in order to perform an action or initiate a project for which the permit is sought.
The term "permit" shall also mean any request or application for a zoning amendment or
re -zoning of land, other than those initiated by the Town of Westlake.
SECTION 4: The Planning and Zoning Commission and the Board of Aldermen
upon completion of the investigations into the compatibility of any outdoor lighted
recreational facilities and district regulations in the R-0.5, R-1, R-2, and R-5 zoning
districts is hereby directed to conduct public hearings and initiate proper procedures for
consideration of zoning regulations, and possible amendments, in these districts. All
notices and public hearings shall be in accordance with Chapter 211 of the Texas Local
Government Code to elicit citizen comments with regard to any amendments to be
considered.
SECTION 5: This moratorium shall remain in effect until such time as the Board
of Aldermen has had a reasonable opportunity to consider and act upon appropriate
amendments, if any, to the zoning regulations applicable to any outdoor lighted
recreational facilities on land zoned R-0.5, R-1, R-2, and R-5. Upon final adoption of
any ordinance amending the regulations applicable to these districts, or upon a final
determination being made by the Board of Aldermen that amendments are not necessary,
this moratorium, shall expire. This moratorium shall automatically expire June 11, 2001,
at 11:59 p.m. unless it is specifically extended by additional Board of Aldermen action.
SECTION 6: It is hereby declared to be the intention of the Board of Aldermen 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
2
ordinance shall be declared unconstitutional by the valid judgment or decree of any court
of competent jurisdiction, such 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 Board of Aldermen of the Town of Westlake without the
incorporation in this ordinance of any such unconstitutional phrase, clause, sentence,
paragraph or section.
PASSED AND APPROVED ON THIS 12 T DAY OF MARCH 2001.
ATTEST:
/-)
1, =,-, 1 � ,,I- - -
Ginger rosswy, Town S etary
APPROVED AS TO
Scott Bradley, Mayor
Trent Petty, Town MaFeger
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
388 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published was April 3,
2001.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
M
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
Pam Nolte
this 24th day of April, 2001, to certify which
witness my hand and seal of office.
r
Notary Public, State of Texas
Printed Name of Notary
My commission expires
L� -OA G , y
G o , f'JBI�G
iin
` of TOM
u oe opened and
the overall growth, develop -
pecified time. All
ment, land use, health, safety
welcome to at-
TOWN OF WESTLAKE
ications and bid
ie obtained from
ORDINANCE NO.388
;ing Departmtint
Zoning Commission and the
address or by
An ordinance of the Board of
Deby'Woodard
Aldermen of the Town of
15.
Westlake, Texas, declaring a
a, heart, Dental,
moratorium from the effective
Cafeteria plans
date of this ordinance and
10TICE
continuing
nat until
fit. Keller Inde-
111:59 P.M., n the
2001,
hool District is
issuance, acceptance or ap-
NOTICE
proval of any permits, appli-
DR PROPOSAL
cations, site plans, zoning
ith the ability to
amendments, preliminary
Independent
plats and final plats on any,-
rict will accept
outdoor lighted recreational
)sacs for Consul-
facilities in the Town of West- >
>loyee Benefits
lake zoned -R-0.5, R-1, R-2,
and R-5; directing the Town
idependent
Manager and his designees
>I District
of the Town of Westlake to
gDepartment
conduct investigations in
er Parkway
conjunction with the compati- .
exas 76248
bility of any outdoor lighted
recreational facilities regula-
A.M., May 8,
tions within the R-0.5, R-1, R-
2 and R-5 tonin districts to
rindependentg
of is requesting
the overall growth, develop -
r Consultant to
ment, land use, health, safety
trice in selection,
and welfare of the Town and
monitoring and
report to the Planning and
n of the school
Zoning Commission and the
,loyee benefits
Board of Aldermen as expe-
tis will, include
ditiously as possible his rec-
rance, Cancer,
ommendations relating to the
a, heart, Dental,
R-0.5, R-1, R-2, and R-5 zon-
Cafeteria plans
ing regulations; providing for
:r pertinent em-
a method of repeal of this
fit. Keller Inde-
moratorium; providing a sev-
hool District is
erability clause; and provid-
,nsultant for Em-
ing that this ordinance shall
=fits for a one-
take effect immediately upon
ith the ability to
passage.
r additional one-
onsists of:
of churches, public schools, '
Independent
TOWN OF WESTLAKE
ORDINANCE NO. 386
trict has approx
savings clause, providing a
,00 employees.
independent
An Ordinance of the Town of
;trict has an en-
Westlake, Texas, regulating
the location of'places of busi-
)f over 17,000
ness which derive more than
ht to
seventy five; percent of their
>t for Proposal
gross sales from the on -
be obtainedb
Premise sale of alcoholic
�e following of-
beverages in the Town of
Westlake, Texas, regulating,
Woodard,
sales of alcoholic beverages
_.-- x___.
within; prescribed distances
er ramw,
exas 762,
337-7514
rendent
ves the r
formality
all,propo:
"O BI
,st In
)t Is n
)ids 1
"01-0
ay 4,
ed at
date
oo(
of churches, public schools, '
and hospitals; providing a
savings clause, providing a
severability clause; and pro-
viding an effective date.
hool
ht to
id to
THE KELLER
S.
I TIZEN
bailed FREE
to over
Highway 114,
1247.
>ecifications, and
nay be obtained
yce Polson, Pur -
Agent,
5.
eserves the right
,r reject any/all
waive technicalk
addresses
PUBLIC
Kehler, Roanoke, TOWN OF WESTLAKE
Haslet, Trophy ORDINANCE NO. 382
Club, Westlake An Ordinance of the Town of
Westlake, Texas, amending
and Marshall the Comprehensive Zoning
Ordinance of the Town of
Creek Westlake, Texas, by granting
a special use permit for a pri-
FOr AdVertlSln vate paiuxy water well, locat-
g ed at 4101 Aspen Lane; pro-
InOYiilatlOn Call viding ;for a severability
clause; providing for a penal -
7 -4 -223 ty of a fine not to exceed the
sum of Two Thousand
($2,000.00) dollars; providing
J
injunctive relief; and pro-
viding for an effective date.
PUBLIC NOTICE
TOWN OF WESTLAKE
ORDINANCE NO. 38Z
An Ordinance of the Town of
Westlake, Texas, amending
Article Vill of the Engineering
Standards and certain sec-
tions of Articles XIII, subdivi-
sions, and XVI, definitions, of
the unified development code
relating to utility duct banks
as adopted by Ordinances
321, 344, 357, 361; and 363;
providing for a penalty; pro-
viding a severability clause;
providing a savings clause;
and providing for an effective
date.
PUBLIC NOTICE
TOWN OF WESTLAKE
ORDINANCE NO.. 386
An ordinance amending the
comprehensive zoning ordi-
nance of, the Town of West-
lake, Texas by replacing
Section 3, glare and spillover'
lighting into residential prop-
erties of Article VII, perfor-
mance standards with a new
Section 3, outdoor lighting of
Article VII, performance stan-'
dards; inserting new delink
tions into Article XVI, defini-
tions; and providing for a sev-
erability clause; providing for
a savings clause; providing
for a penalty clause; and pro-
viding for an effective date.