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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.