HomeMy WebLinkAboutOrdinance 964 Zoning Change O to PD* Hotel Use Ordinance 964
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TOWN OF WESTLAKE
ORDINANCE NO. 964
AN ORDINANCE ZONING AN APPROXIMATELY 2.5 ACRE TRACT OF LAND
GENERALLY LOCATED AT 3300 T.W. KING ROAD, FURTHER DESCRIBED AS LOT
1, C.M. THROOP NO. 1510 ADDITION, FROM THE “O OFFICE PARK” ZONING
DISTRICT TO PD8 “PLANNED DEVELOPMENT DISTRICT NUMBER EIGHT”;
APPROVING A CONCEPT PLAN FOR A HOTEL; PROVIDING FOR THE
AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A
SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR
A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes
zoning districts, permissible uses, development standards, and other zoning related regulations;
and
WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a
Comprehensive Plan for the Town of Westlake; and
WHEREAS, Section 102-33(3) of the Code of Ordinances of the Town of Westlake states
that the purpose of a Planned Development District is to: Provide for a superior design of lots or
buildings; Provide for increased recreation and/or open space opportunities for public use; Provide
rural amenities or features that would be of special benefit to the property users or community;
Protect or preserve natural amenities and environmental assets such as trees, creeks, ponds,
floodplains, slopes or hills and viewscapes; Protect or preserve existing historical buildings,
structures, features or places; and provide an appropriate balance between the intensity of
development and the ability to provide adequate supporting public facilities and services; and
WHEREAS, on July 6, 2022, the Town of Westlake received a Zoning Change Request
from Trophy Lodging, LTD, on behalf of the property owner for the subject property requesting
that the Town zone said property to PD8 “Planned Development District Number Eight” in
accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and
WHEREAS, following provision of proper legal notice, including written notice to owners
within 200 feet of the subject property, published notice and posted notice in accordance with the
Texas Open Meetings Act of public hearing, a public hearing was held on February 13, 2023 by
the Planning and Zoning Commission (Commission) whereby the Commission recommended to
the Town Council approval zoning change; and
WHEREAS, following provision of proper legal notice, including written notice to owners
within 200 feet of the subject property, published notice and posted notice in accordance with the
Texas Open Meetings Act of public hearing, a public hearing was held on May 22, 2023 by the
Town Council; and
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WHEREAS, the Council believes that the interests of the Town, the present and future
residents and citizens of the Town, and developers of land within the Town, are best served by
adopting this Ordinance; and
WHEREAS, upon the recommendation of the Planning and Zoning Commission and after
a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in
the best interests of the Town and its citizens that the rezoning request should be approved and
adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE TEXAS:
SECTION 1: That 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 Lot 1, C.M. Throop Addition No. 1510 as shown on attached Exhibit
“A” is hereby rezoned from the O, “Office Park” zoning district to PD8, “Planned Development
District Number Eight”, including the approval of a concept plan, subject to the following
conditions:
A. The purpose of the PD8 district is the development of a hotel. Any principal use other than
a hotel is hereby prohibited. Approved accessory uses shall include a fitness center,
conferencing facility, swimming pool, spa, restaurant, general retail sales typical with a
hotel and the sale of alcoholic beverages for on-premises consumption.
B. Development of the site shall be generally consistent with the concept plan, attached as
Exhibit “B”, and the development description, attached as Exhibit “C”.
C. The hotel building shall be generally consistent with the concept building elevations,
attached as Exhibit “D”.
D. A site plan, meeting the requirements for PD site plans in the Code of Ordinances, shall be
submitted for final consideration. No building permit may be issued without an approved
site plan. The site plan shall be considered as an amendment to this ordinance;
E. Prior to the final consideration of the site plan, any required extra-jurisdictional approvals
pertinent to the subject property including, but not limited to, zoning, roadway and utility
access shall be obtained and provided directly from the pertinent entity to the Town.
F. Given the redevelopment of the site, approval and recording of a replat of the subject
property is hereby required prior to the issuance of a building permit;
G. A situs development agreement between the developer and the town shall require approval
prior to the issuance of the building permit.
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H.It is hereby acknowledged that certain waivers to Town ordinances are required in order to
reasonably develop the site as depicted on the concept plan. However, final approval of
any development waivers, including any modifications or additions to the conditions
contained herein, shall be at the discretion of the Town Council upon the recommendation
of the Planning and Zoning Commission as part of the approval of the required site plan.
SECTION 3: This Zoning District shall be subject to all regulations contained in the
Code of Ordinances of the Town of Westlake, Texas, except where amended herein.
SECTION 4: That this Ordinance shall be cumulative of all other Town Ordinances and
all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms
or provisions of this Ordinance are hereby repealed.
SECTION 5: That any person, firm or corporation violating any of the provisions or terms
of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of
the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of
Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist
shall constitute a separate offense.
SECTION 6: It is hereby declared to be the intention of the Town Council 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 legally
invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such legal invalidity or 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 Town Council of the Town of Westlake without the incorporation in this Ordinance of any
such legally invalid or unconstitutional, phrase, sentence, paragraph or section.
SECTION 7: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 12TH DAY OF JUNE 2023.
_____________________________
ATTEST: Sean Kilbride, Mayor
_________________________
Amy Piukana, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney
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EXHIBITS
EXHIBIT A- Subject property location map
EXHIBIT B- Concept Plan
EXHIBIT C- Development Description
EXHIBIT D- Concept Elevations
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EXHIBIT “A”
Location Map of Subject Property
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EXHIBIT “B”
Concept Plan
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EXHIBIT “C”
Development Description
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EXHIBIT “C”
Development Description (continued)
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EXHIBIT “D”
Concept Elevations