HomeMy WebLinkAboutOrd 392 Amending the Comprehensive Zoning ordinance relating to Recreation FacilitiesWHEREAS, 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
an amendment 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 of the Town;
and
WHEREAS, it has been determined by the Planning and Zoning Commission and
the Board of Aldermen that lighted tennis courts, basketball courts, and similar
recreations facilities have the potential to have a negative impact on the aesthetic and
financial values of adjacent residential property; and
WHEREAS, on May 10, 2001, 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
NOW, !O . BE ORDAINED i OF
THE TOWN OF
SECTION 1: That the recitals set forth above are hereby incorporated herein,
adopted by the Town and found to be true and correct.
SECTION 2: That the Comprehensive Zoning Ordinance of the Town of
Westlake, Texas be amended by amending Article IV, Permissible Uses, Section 1, Land
Use Schedule, as shown below:
SF Residential Permitted Uses Commercial
I2-5
R-2 I2-1 R-0.5 X=Permitted, A=Accessory Use, MF LR
O -I
S=SUP
a
MEPW HE AMUSEMENT I RECREATION EMMIMEME
S
S S S Tennis, Basketball Court, etc., Lighted S S
S S
X
X X X Tennis, Basketball Court, etc., X X
X X
Unlighted
SECTION 3: That the Comprehensive Zoning Ordinance of the Town of
Westlake, Texas be amended by amending Article V, Zoning District Development
Standards, Section 2.2 Accessory Building, as shown below.
A. Accessory buildings on residential lots constructed after April 1, 2001
shall meet all setback requirements for primary structures with the
following exception:
Sport courts and other recreational facilities such as tennis courts,
basketball courts and similar recreational facilities shall be setback
from the side and rear lot lines a minimum of one third of the total
width of the lot.
B Accessory buildings on residential lots located behind the rear facade
of the primary structure that were constructed prior to April 1, 2001
and meet the following setbacks, shall be deemed to be legal non-
conforming uses.
1. If the accessory building is 200 square feet or less in area and 8
feet or less in height, then it may be setback a minimum of 3
feet from the property line.
2. If the accessory structure is greater than 200 square feet in area
or 8 feet in height, then it must be set back 1 foot from the
property line for each 1 foot in height up to the minimum
setback for a primary structure.
3. Notwithstanding the above, any garage or carport must be
setback a minimum of 10 feet from a laneway right-of-way.
SECTION 4: 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 5: 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 6: 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 ($2,000)
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 14t' DAY OF MAY, 2001.
Scott Bradley, Mayor IF
ATTEST:
Ginger osswy, Town Sec ary Trent Petty, Town Man g' r
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
392 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were July 24,
2001.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
M
COUNTY OF TARRANT §
Pam Nolte
this 6th day of August, 2001, to certify which
witness my hand and seal of office.
I`
1 s §
Notary Public, State of Texas
Printed Name of Notary
My commission expires
'pf3AC JBY
u' ¢401 L0
a p 1 r s v IPHV19x xBEZaUAey ereu uu,,,,y
2:00 p.m. on Tuesday, July TNRCC repay act on this
�Irt�a 817-379-5502 Celle 817-98$-3fe99 24, tool Ail linterested bid- ncation to renew a peri
ders are strongly encouraged p
without providing an,(
to attend in order to receive
Residentialpertinent information for the portunity for a contest
preparation of their bid. case hearing if certain'
feria are met.
TOTAL RENOVATIONS ® BONUS ROOMS Mdintenance
® En -
ROOM ADDITIONS Contact. Tim James, City En EXECUTIVE DIRECT
® �%E� 3 LUXURY CUSTOM Tractor Services: gineer (817) 431-1055. ACTION. The executive
Grading Lawn PreparationGad Mailing Address: rector may issue final
BUILDING EXPERIENCE Mowing= Lots/Acreage City of Keller provai of ;the application
Lawn Services: less a timely contested c
P.O. Box 770 hearing request or a tin
Fences Gates a Keller, TX 76244 request for reconsideratic
s7. ret French Drains
'filed. If a timely hearing
'ee Estimates Many other around -the hornre%ffice jobs and repairs ata quest or request for racer
reasonable price.f PUBLIC HEARING eration is filed, the execL
director will not issue final
PUBLIC HEARING proval of the permit and
forward the application
CUSTOM BUSH hog ��� NOTICE TOWN OFWESTLAKE requests to the TNF
mowing. Lots and small even that Commissioners for their
3$(dJe(( 0rnmerciial acreage. Cali Brent Holl- Notice is hereby g sideration at a schedi
OOEf1 adt�(fi0tt5, ee(Tl®fie{(ng, and. Home: 817-491- TOWN OF yUE§TLAKE the Zoning Board b Adjust- Commission meeting.
0952 or 817-688-6658: meat will hold a public hear -
mobile. 817-843 3399: ORDINANCE NO.392 ing on Monday, August 13, MAILING LIST. In additi<
Interior xterior Painting, pager. 2001 at 6.30 p.m. to consid- . submitting pdblic comm
An ordinance amending the er an application for a van- you may ask to be place
:..; erornic Tile, Concrete Comprehensive Zoning Ordi- ance regarding tennis court mailing list to receivefi
nance of the Town of West- setbacks filed by Kevin and public notices mailed b)
g SERVICE lake, Texas by amending Ar- Janet Poilari for the property Office of the Chief Clerk.
Insurance Claims, free Estimates ticie IV, Permissible Uses by located at 1833 and 1835 may request to be adde
designating zoning districts Broken Bend Drive. (1) the mailing list for
24 hr. Emergency Services and conditions under which specific application; (2
OZAR lighted tennis facilities, and The public hearing will be permanent mailing list
other similar recreation facili- held in Westlake at 3 Village specific applicant name
ties are permitted; and Circle, Suite 207, :Solana, permit number; and/or (t
e amending Article V, Zoning Westlake, Texas. Information permanent mailing list'
District Development Stan- concerning the above mat- specific' county. Clearly,
STUMP GRINDING dards, Section 2.2 Accessory ters can be viewed at the ify which mailing list(
FERTILIZING Building Setback to provide, _ Westlake Town Hall between which you wish to be e
p setback regulations for tennis the hours of 9:00 a.m. and and send your request I
_/--4, TRIMMING facilities, and other similar 5:00 p.m., Monday through TNRCC Office of the
;, recreation facilities providing Friday. Clerk at the address b
REMOVING for a severability clause; pro Unless you otherwise
ESTIMATES 8 TREE SALES' viding for a savings clause; Any interested person will fy you will be include(
'r — providing for a penalty have an opportunity to speak on the mailing list to
clause; and providing for an at the public hearing. specific application.
�t �z
w7n)431-01135 effective date.
s eco lel 817-534-7439 Beeper ESE INFORMATION. oreinformation
If you
more information abet
* FULLY INSURED GARAGE SALE SIGNS permit application or th
s
Quick? List REASONABLE RATES' The merchants Advertise your GARAGE milting process (such i
�( SALE in the Keller Citizen. ing added to the mailin
your job lig Irl file Pay for your ad before . please call the TNRCC
11 INS 7Shop�TheFeller citizen NOON on Friday and of Public AssistancE
` The Kelleyreceive two FREE garage Free, at 1-800-687-4(
. z ax �Yn.
Citizen. brie OU the sale signs. DEADLINE IS write to them at MC
NOON! P.O. Box 13087; A
OARK MORRIS1-431-22319 e paper EEE LFdpy.ng ales must be Texas 78711-3087. G
Contract®r aid before noon on information about the
Great �ySr CC can be found at of
site at www tnrcc state
sponse to ap '9-'an'Ti
material, or significant publi
Sealed bids will be received
at the City of Keller City Hall,
comments. The response t
comments; along with th
158 South "fain Street,
Keller; TX until p.m;,(lo_
executive director's dec
ay, August
cat time), Tuesday,. August
sion on the application, wi
be mailed to everyone wh
m
07,.'2001, fors
furnish all labor and materials
submitted public, con
or who requested 1
and perform work for the fol-
meats
be on a mailing fist for IN
lowing:
application. if commnni
�g
v NOTICE
Bear Creels Parkway
were received, the mailin
will also provide instrut
WESTLAKE
Phase ll
Keller -Smithfield Road
tions for requesting a col
tested case hearing or r
& FM 1709
consideration of the exec
NCE NO.391Plans,
specifications and
tine director's decision.
contested case hearing is
amending the
contract documents for this
may be obtained at
ie ai roceedin similar to
gil state
>3i ve Zoning Ordi-
a Town of West-
project
the office of Teague Nall and
c tprial fn a distil
court.
by amending Ar-
missib/e Uses by
Perkins, Inc., Consulting' En-
gineers, 1100 Macon Street,
A contested case hearing v
Zoning Districts
Fort Worth, Texas. A non -re-
fundable fifty -dollar ($50)
only be grantedbasedi
onlyutedgrante
tt
ons under which
)s are; permitted;
charge is required on each
disputedof fact
relevant and material
or a severability
set of documents. Said docu-
rrents may be examined
the Commission's decisi
vidin for a sav-
9,,.,,, f.,r a
without charge at the office of
on the application. Furth
a p 1 r s v IPHV19x xBEZaUAey ereu uu,,,,y
2:00 p.m. on Tuesday, July TNRCC repay act on this
�Irt�a 817-379-5502 Celle 817-98$-3fe99 24, tool Ail linterested bid- ncation to renew a peri
ders are strongly encouraged p
without providing an,(
to attend in order to receive
Residentialpertinent information for the portunity for a contest
preparation of their bid. case hearing if certain'
feria are met.
TOTAL RENOVATIONS ® BONUS ROOMS Mdintenance
® En -
ROOM ADDITIONS Contact. Tim James, City En EXECUTIVE DIRECT
® �%E� 3 LUXURY CUSTOM Tractor Services: gineer (817) 431-1055. ACTION. The executive
Grading Lawn PreparationGad Mailing Address: rector may issue final
BUILDING EXPERIENCE Mowing= Lots/Acreage City of Keller provai of ;the application
Lawn Services: less a timely contested c
P.O. Box 770 hearing request or a tin
Fences Gates a Keller, TX 76244 request for reconsideratic
s7. ret French Drains
'filed. If a timely hearing
'ee Estimates Many other around -the hornre%ffice jobs and repairs ata quest or request for racer
reasonable price.f PUBLIC HEARING eration is filed, the execL
director will not issue final
PUBLIC HEARING proval of the permit and
forward the application
CUSTOM BUSH hog ��� NOTICE TOWN OFWESTLAKE requests to the TNF
mowing. Lots and small even that Commissioners for their
3$(dJe(( 0rnmerciial acreage. Cali Brent Holl- Notice is hereby g sideration at a schedi
OOEf1 adt�(fi0tt5, ee(Tl®fie{(ng, and. Home: 817-491- TOWN OF yUE§TLAKE the Zoning Board b Adjust- Commission meeting.
0952 or 817-688-6658: meat will hold a public hear -
mobile. 817-843 3399: ORDINANCE NO.392 ing on Monday, August 13, MAILING LIST. In additi<
Interior xterior Painting, pager. 2001 at 6.30 p.m. to consid- . submitting pdblic comm
An ordinance amending the er an application for a van- you may ask to be place
:..; erornic Tile, Concrete Comprehensive Zoning Ordi- ance regarding tennis court mailing list to receivefi
nance of the Town of West- setbacks filed by Kevin and public notices mailed b)
g SERVICE lake, Texas by amending Ar- Janet Poilari for the property Office of the Chief Clerk.
Insurance Claims, free Estimates ticie IV, Permissible Uses by located at 1833 and 1835 may request to be adde
designating zoning districts Broken Bend Drive. (1) the mailing list for
24 hr. Emergency Services and conditions under which specific application; (2
OZAR lighted tennis facilities, and The public hearing will be permanent mailing list
other similar recreation facili- held in Westlake at 3 Village specific applicant name
ties are permitted; and Circle, Suite 207, :Solana, permit number; and/or (t
e amending Article V, Zoning Westlake, Texas. Information permanent mailing list'
District Development Stan- concerning the above mat- specific' county. Clearly,
STUMP GRINDING dards, Section 2.2 Accessory ters can be viewed at the ify which mailing list(
FERTILIZING Building Setback to provide, _ Westlake Town Hall between which you wish to be e
p setback regulations for tennis the hours of 9:00 a.m. and and send your request I
_/--4, TRIMMING facilities, and other similar 5:00 p.m., Monday through TNRCC Office of the
;, recreation facilities providing Friday. Clerk at the address b
REMOVING for a severability clause; pro Unless you otherwise
ESTIMATES 8 TREE SALES' viding for a savings clause; Any interested person will fy you will be include(
'r — providing for a penalty have an opportunity to speak on the mailing list to
clause; and providing for an at the public hearing. specific application.
�t �z
w7n)431-01135 effective date.
s eco lel 817-534-7439 Beeper ESE INFORMATION. oreinformation
If you
more information abet
* FULLY INSURED GARAGE SALE SIGNS permit application or th
s
Quick? List REASONABLE RATES' The merchants Advertise your GARAGE milting process (such i
�( SALE in the Keller Citizen. ing added to the mailin
your job lig Irl file Pay for your ad before . please call the TNRCC
11 INS 7Shop�TheFeller citizen NOON on Friday and of Public AssistancE
` The Kelleyreceive two FREE garage Free, at 1-800-687-4(
. z ax �Yn.
Citizen. brie OU the sale signs. DEADLINE IS write to them at MC
NOON! P.O. Box 13087; A
OARK MORRIS1-431-22319 e paper EEE LFdpy.ng ales must be Texas 78711-3087. G
Contract®r aid before noon on information about the
Great �ySr CC can be found at of
site at www tnrcc state