HomeMy WebLinkAboutOrd 354 Declaring a 90 moratorium on the issuance, acceptance or approval of any permits, applications, site plans, zoning amendments, preliminary plats and final plats on any property zoned R-20, R-20C, R-40 &TOWN OF WESTLAKE, TEXAS
ORDINANCE NO. 354
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
26, 2000, 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 ALL PROPERTY IN THE
TOWN OF WESTLAKE ZONED R-20, R -20C, R-40, AND R -40C; DIRECTING
THE TOWN MANAGER AND HIS DESIGNEES OF THE TOWN OF
WESTLAKE TO CONDUCT INVESTIGATIONS IN CONJUNCTION WITH
THE COMPATIBILITY OF MINIMUM LOT SIZES AND DISTRICT
REGULATIONS WITHIN THE R-20, R -20C, R-40, AND R -40C 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-20, R -20C, R-40, AND R -40C 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 the minimum lot sizes
within the R-20, R -20C, R-40 and R -40C 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 property zoned R-20, R -20C, R-40 and R -40C 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 26, 2000, 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, on all property in the Town of Westlake
zoned R-20, R -20C, R-40 and R -40C 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 minimum lot sizes and
district regulations in the R-20, R -20C, R-40, and R -40C 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 land zoned R-20, R -20C, R-
40, and R -40C. 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 26, 2000, 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
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
2
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 27TH DAY OF MARCH 2000.
�s
Scott Bradley, Mayor
ATTEST:
in r Crosswy, Tov61 Secretary Trent Petty, Town Manager
APPROVED AS
L (StaflI6�i Lo>�+ y, Town
3