Loading...
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