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HomeMy WebLinkAboutOrd 373 Amending the Comprehensive Zoning zoning districtsTOWN OF WESTLAKE ORDINANCE NO. 373 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING ARTICLE III, ZONING DISTRICT MAP, SUBSECTION 1.1 AND SECTION 3, PURPOSE OF ZONING DISTRICTS AND OFFICIAL ZONING MAP AND ARTICLE IV, PERMISSIBLE USES, AND ARTICLE V, ZONING DISTRICT DEVELOPMENT STANDARDS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, 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 amendments 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 for low density residential development, and WHEREAS, on June 15, 2000, 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 WHEREAS, The Town of Westlake has proposed several amendments to the Comprehensive Zoning Ordinance of the Town and has submitted same to the Planning & Zoning Commission of the Town, as required by State statutes and the conditions and prerequisites having been complied with, the case having come before the Board of Aldermen (Board) of the Town after all legal notices, requirements, conditions and prerequisites having been complied with: and Page 1 of 12 WHEREAS, the Board, at a public hearing called by the Board, did consider the following factors in making a determination as to whether the requested changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, water, sewerage, schools, parks and other facilities; and WHEREAS, the Board, at a public hearing called by the Board did consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities, and WHEREAS, the Board further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this town; and WHEREAS, the Board does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, schools, parks and other public requirements; and WHEREAS, the Town Board has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the condition; and therefore, feels that changes in the zoning ordinance Page 2 of 12 are needed, are called for, and are in the best interest of the public at large, the citizens of the Town, and help promote the general health, safety, and welfare of this community NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 1.1 Official Zoning Map of Article 111. Zoning Districts and Maps, to read as follows: 1.1 Official Zoning Map A. The Town of Westlake is hereby divided into ten (10) zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this ordinance. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts Abbreviated Zoning District Name Designation GGR-5" Country Residential. GGR-2" Rural Residential GGR-1" Estate Residential GGR-0.5" Neighborhood Residential GGMF" Multi -Family Residential GcLR" Local Retail 64099 Office Park GGO-IV Office Park — Hotel GGO,J-I" Office — Industrial Park "I'D" Planned Development District Page 3 of 12 B. The Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this is the Official Zoning Map referred to in ARTICLE 1I1 of the Unified Development Code, Ordinance No. 373 of the Town of Westlake, Texas" together with the date of adoption of this ordinance." C. When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the Town Secretary promptly after the amendment has been approved by the Board of Aldermen, and the change shall note the ordinance number and date that the change was approved. D. No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this ordinance. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this ordinance. E. The original reproducible tracing of the Official Zoning Map shall be located in the Office of the Town Secretary in the Town Hall and shall be the final authority as to the current zoning status of land and water areas, building and other structures in the Town of Westlake. F. The Board of Aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the Mayor attested by the Town Secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Unified Development Code of the Town of Westlake, Texas." G. Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining, shall be preserved, together with all available records pertaining to its adoption or amendment. SECTION 3: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 3 Purpose of Zoning Districts of Article III, Zoning Districts and Maps Page 4 of 12 SECTION 3 PURPOSE OF ZONING DISTRICTS Each zoning district herein established is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the Town as follows: 3.1 Residential Districts "R-5",__Country Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of five (5) acres (217,800 sq.ft.) excluding all required public dedications (including but not limited to) rights-of-way, parks, and open spaces. Country Residential districts are intended to provide an opportunity for rural character residential development. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. "R-2", Rural Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of two (2) acres (87,120 sq,ft.) excluding all required public dedications (including but not limited to) rights-of-way, parks, and open spaces. Rural Residential districts are intended to provide an opportunity for rural residential character. It may also be used in areas with steep topographic changes in order to minimize alteration of the terrain. "R-1" Estate Residential District: This district is intended to be composed of single family dwellings on lots measuring a minimum of one (1) acre (43,560 sq,ft.) for the subdivision excluding all required public dedications (including but not limited to) rights-of-way,, parks, and open spaces. Such developments offer the ability to develop at a higher density without compromising the rural residential character of the Town. "R-0.5", Neighborhood Residential: This district is intended to be composed of single family dwellings on lots measuring a minimum of a half acre (21,780 sq,ft.), excluding all required public dedications (including but not limited to) rights-of-way, parks and open spaces. It is intended to be applied to relatively flat land where building sites may be created without the use of retaining walls and the removal of significant amounts of vegetation or mature trees. "MF", Multi -Family Residential District: This district is intended to allow for multi -family residential development in areas where additional requirements for streets, utilities, drainage, open space and landscaping are met. This district requires approval of a site plan prior to development. 3.2 Commercial Districts "LR", Local Retail District: This district is a retail category intended to serve local residents and businesses. The ""LR" District occurs most often at limited corner locations at intersections of major thoroughfares. Off-street parking requirements are set out for business establishments in this district as are the requirements for lot coverage. "O", Office Park District: The purpose and objective of this classification and its application is to allow planned office parks consisting of office buildings for business and professional use, research and development complexes, and buildings for accessory uses. Off-street parking and lot coverage requirements are set out in this district. "O -H", Office Park - Hotel District: This district is very similar to the "O" District, but permits hotels and motels, conferencing centers and training facilities, and restaurants in addition to office buildings. Page 5 of 12 "0-1", Office Industrial District: The purpose of this classification is to establish industrial areas of high operational development and environmental standards. Because there will be significant neighboring residential and office park development, the district permits offices and industrial uses that are predominantly light in character, have their operations conducted wholly within buildings, minimize traffic congestion, noise, glare, air pollution, fire and safety hazards, and are compatible with adjacent land uses. 3.3 Planned Development Districts "PD", Planned Development District: The purpose of the Planned Development District is: • To provide for a superior design of lots or buildings; • To provide for increased recreation and/or open space opportunities for public use; ® To provide rural amenities or features that would be of special benefit to the property users or community; • To protect or preserve natural amenities and environmental assets such as trees, creeks, ponds, floodplains, slopes or hills and viewscapes; • To protect or preserve existing historical buildings, structures, features or places; and • To provide an appropriate balance between the intensity of development and the ability to provide adequate supporting public facilities and services. SECTION 4: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 1.1 Use of Land and Buildings of Article IV, Permissible Uses, to read as follows: Page 6 of 12 SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 x=Permitted, A='Accessory Use, 5=sup MIF LR O O -I X X X X X X X AGRICULTURAL USES X Orchard X X X X Plant Nursery (Growing) X X X X Plant Nursury (Retail Sales) X X X Farms General (Crops) X X X Farms General (Livestock, Ranch) X X X Veterinarian (Indoor Kennels) X Veterinarian (Outdoor Kennels) S S S Stables (Private, Principal Use) S S X X X X Stables (Private, Accessory Use) Stables (As a Business) S S X X. X S RESIDENTIAL USES X Single Family Detached Single Family Zero Lot Line X Single Family Attached X Duplex X X X X X Home Occupation A A A A Servants/Caretakers Quarters* A A A A Temporary Accommodation for A A A Employees/Customers/Visitors* INSTITUTIONAL and X X GOVERNMENTAL USES Emergency Ambulance Service Post Office (Governmental) X X X Mailing Service (Private) X X X Heliport S Helistop S S S S S S Telephone Switching Station X X X Electrical Substation S S S X X X X Utility Distribution Lines* X X X Utility Shop and Storage S S X X X X X Sewage Pumping Station X X X Water Storage Tank (Elevated or S S S Ground) Retirement Home X X Nursing/Convalescent Home X X Hospice X X X Hospital X X X Psychiatric Hospital S X X Clinic S X X X February 16, 1998 Article IV. Permisible Uses Page 2-1 SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 X=Permitted, A=Accessbry Use, s=SUP MF LR O O -I X X X X Child Daycare (7 or more)* A X X X S S S S School, K-12 (Public or Private)* S S S S School (Vocational) S X X X College or University S X X X Community Center X X X X Civic Club X X X X S S S S Church or Place of Worship* X X X X S S S S Use Associated to a Religious Inst. A X X X Government Building X X X X Police StationX X X K S S S S Fire Station X X X X Library X X X X COMMERCIAL USES Multifamily (Apartments) X Offices (General) X X X Studio X X X Banks and Financial Institutions X X X Information Processing X X Hotel/Motel with Conferencing Facil. S X S X Laundry/Dry Cleaning (<3,000 s.f.) X X Laundry/Dry Cleaning (Drop/Pick) X X X Shoe Repair X A A Beauty Parlor/Barbershop X A X Clothing Store X X Quick Copy/Duplicating Services X A X Personal Services X X X Grocery X Convenience Store X A X Service Station X X Drug Store X A X Variety Store X Bakery Sales X Stationary Store X A Antique Shop X Art Gallery X A Hardware Store X X Sporting Goods X Paint and Wallpaper X X Cloth Store X Retail Stores - General X A (Excluding Second Hand Goods) February 16, 1998 Article IV. Permisible Uses Page 2-2 SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 X=Permitted, A=Accessory Use, S=SVP MF LR 0 0-I Restaurant/Cafe X A X AutojTruck Parks and Accessories S X Household Furniture/Appliances X X X X X X X X X X AMUSEMENT /RECREATION Golf Course (Public or Private) X X X X Park or Playground X X X X X X X X Satellite Dish * X X X X Non -Commercial Radio Tower S S S Race Track Operation S Recreation Facility, Health Studio X X X X S S S S Country Club (Private Membership) X X X X S X AUTO SERVICES Truck/Trailer Rental; Auto Body Repair S Auto Mechanical Repair S X Quick Lube/Oil Change X X Vehicle Maintenance (Private) X X X X WHOLESALE TRADE Warehouse/Storage (Inside) Warehouse/Storage (Outside) S Scrap/Waste Recycling Collection S and/or Storage Gas/Chemical Bulk Storage S Light Manufacturing/Assembly S S X Apparel Manufacturing X Packaging and /or Distribution X Printing, Engraving and related X Reproductive Services Distribution of Books/Other Printed X Material Machine Shop S Welding Shop S S S S S Temporary Batching Plant* S S S S *} Signifies Uses with special guidelines see Section [Special Uses] February 16, 1998 Article IV. Permisible Uses Page 2-3 SECTION 5: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending Section 4.1 District Development Standards Chart of Article V, Zoning District Development Standards, to read as follows: Page 10 of 12 Figure 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART District Density Min.Principal Height Lot Width Minimum Setbacks Required Requires Min.Lot Size u/a,FAR Building Area Bldg.Line* Front Rear Side Landscaping Site Plan R-5 Country Residential(5 ac.) 217,800 s.f. 1 u/a 2,000 s.f.Bldg.Min 2.5 st/35' 200 50 50 30 R-2 Rural Residential(2 ac.) 87,120 s.£ I u/a 2,000 s.f Bldg.Min 2.5 st/35' 150 50 50 25 R-40 Estate Residential(1 ac.) 43,560 I u/a 1,800 s.£Bldg.Min 2.5 st/35' 125 40 40 20 R-0.5 Neighborhood Residential(.5 a 21,780 I u/a 1,500 s.£Bldg.Min 2.5 st/35' 100 35 35 15 MF Multifamily 200,000 s.f. • 12 1,000 s.f.Avg. 2.5 st/35' 200 40* 40* 20* 20%/250 0_ 5/U yes LR Local Retail 40,000 0.20:1 2,000 s.f. 2.5 st./35' 200 50* 50* 0 or 4'* 20% 250 s.f.of yes O Office Park 200,000 ' 0.25:1 3,000 s.f. 2 st/35' 200 100* 100* 75* 20% open space yes 0-I Office-Light Industrial Park 200,000 0.30:1 3,000 s.f. 3 s1150' 175 75* 50* 50* 15% required for yes each dwelling PD Planned Development 200,000 s.f. [All district lregirements are establish by the Ordinance creating each PD] unit. yes The Board of Aldermen may *Lot width *Height and Building Setback for Percentage of allow up to 7 stories in shall be Commercial and Multifamily may be entire subdivided height(based on 700 MSL) measured at on properties adjacent to affected by: site, or as P Pthe minimum 1. Slope of 2:1 from closest R.O.W. approved by the Iighway 114,as part of a setback Site Plana royal. line of adjacent roadway, and Board on Site PP distance for the 2. Slope of 5:1 from residential Plan. — district property lines. - 3.Landscape buffer requirements - - along Hwy114. August 14,2000 Article V.Zoning District Development Standards Page 5 SECTION 6: 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 7. 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 8: 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 9: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON THIS 10 DAY OF AUGUST, 2000. ATTEST: A_ , Ging Crosswy, Town 5ectebary Scott Brad ey, Mayor Trent O. Petty, Town Manager Page 12 of 12 I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 373 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 September 19, 2000. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS § 0 COUNTY OF TARRANT § BY Pam Nolte this 27th day of September, 2000, to certify which witness my hand and seal of office. Notary Public, State of Texas Printed Name of Notary My commission expires WiGIA Y 0TABY PUBL IC Sm 4f TWO Jnr m UP. 04R=2 TREE SERVICE BID NOTICE PUBLIC NOTICE NOTICE TO BIDDERS; TOWN OF OZARKSingle lump sum Competitive WESTLAKE, TEXAS Sealed Proposal for con- ORDINANCE NO. 367 TREE CARE struction of a New Conces- sion Stand at Texan Stadium An ordinance of the Board of for the Northwest ISD will be STUMP GRINDING Aldermen of The Town of received at Northwest ISD, Westlake, Texas, adopting FERTILIZING 1800 'State Highway 114, by this ordinance the most Justin,; TX 76247. Each Pro- current editions of the Uni- r� TRIMMING poser;hallidentifyhissealed form Building Code, Uniform 4 t REMOVINGProposal by typing on the Mechanical: Code and the TREE SALES outside of the envelope: National Electrical Code. Northwest Independent n (€t17) 1®0 school District PUBLICNOTICE Bid #00-09-033 817-530-7439 Beeper Attn: Joyce Poison FULLY INSURED I Purchasing Agent TOWN OF FM REASONABLE RATES' 1800 State Hwy 114 WESTLAKE, TEXAS Justin, TX 76247 ORDINANCE NO. 371 The District shall receive, ALL SEAMNS publicly open, and read aloud An ordinance amending the the names of the proposers Comprehensive Zoning Ordi- in Conference Room #103 at nance of The Town of West - Northwest ISD Education lake, Texas by amending Ar- 9enter, 1800 State Hwy 114, ticle IV, Permissible Uses, for INC.SERVICEa Justin, TX 76247. Monetary the purpose of adding private amounts stated in each pro- water wells; providing for a Serving !Northeast posai will be evaluated pri- severability clause; providing Tarrant County vately, for savings clause;lprovid- ing for a penalty clause; and Competitive Sealed Propos- providing for an effective r ? als received by hand delivery date. or bei 10, 20002: i101 be returned Octo- et a unopened. PUBLIC NOTICE Great Prices The Proposal Site is located TOWN OF WESTLAKE Free Estimates at Texas Stadium, 1800 Call Anytime State Hwy. 114„Justin, TX ORDINANCE NO. 372 Loc Owned 76247. The Work wili be awarded under one or multi- IDT( Terms including An ordinance amending the MC, Visa + pie prime supplier. Beginning Comprehensive Zoning'Ordi- andMonday; September 18, nance of The Town of West - Guaranteed 2000, Prime Proposers may lake, Texas by repealing Arti- Rodc obtain Proposal Documents cle'IV of The Unified Devel- INSURED M, from the Architect upon de- opment Code, Permissible q>uar' posit of a refundable deposit Uses, Section 6, Satellite - check in the amount of $200 Dishes and replacing it with a aDS fi for two (2) complete set of new Article IV, Permissible Haw] Proposal Documents Uses, Section 6, Wireless navahle to Rata§ Arrhitants Communications Facilities . p—, vNenu �y, otherwise no refund will be erability Clause providing for A4 , made. Plan deposit is a pre- a savings clause' providing I x t O� T%9i�39' a requisite for obtaining Pro- for a Penalty Clause; and posai Documents. Proposers pdaoe iding for an effective �03i9i81iC� will not be allowed to pick up D$C+IiProposal Documents without first providing deposit. Pro - PUBLIC N TICE „ posal Documents will not be k mailed unless Architect has I received deposit check in ad- TOWN OF WESTLAKE vance. ORDINANCE NO 373 £ Additional complete sets of - proposal documents may be An ordinance, amending the r WALPPR obtained from from Architect Comprehensive Zoning Ordi- upon purchase by the Pro- nance of the Town of West - pose,. Partial sets.of Propos- lake, Texas by amending Ar- al Documents will not be ticle iii, Zoning District Map, z r MOR 'S WALL- available. Subsection 1.1 and Section PAPERING /Faux Painting. 3, Purpose of Zoning iDis-,� Free estimates, 817-498- 2466. Proposal Documents may be tricts and Official Zoning Map examined at: and Article IV, Permissible Myths. Rumors. Misinformation. The fact is, it Office of Owner Uses, and Article V, Zoning hospital, the absolute number one priority is 1 Northwest Independent District Development Stan- can be considered only if you die and after School District dards; providing for a Sever- bad information keep you from making a gre 1800 State Hwy 114 ability Clause; :providing fora www.shareyourlife.org for honest information Justin, Tx 76247 Savings Clause; providing for a Penalty Clause; and pro- TALK' VIDEO Office of Architect viding for an effective date. UNLIMITED Bates Architects Inc. c� K 1300 North Locust Denton, Tx 76201 PUBLIC NOTICE "Specializing in 940-387-4881 s Weddin$" 940-383-1842 Fax TOWN OF WESTLAKE Photo Video', Security in the amount of five ORDINANCE NO. 375 Montages percent (5%) of the proposed cost must accompany each Film Transfers proposal. Performance and An ordinance amending the TV Commercials Labor and Material Bonds for Comprehensive Zoning Ordi-