HomeMy WebLinkAboutOrdinance 987 PD Amendment Amusement Use PinstackOrdinance 987
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TOWN OF WESTLAKE
ORDINANCE NO. 987
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE
315, AS AMENDED, WHICH APPROVED PLANNED DEVELOPMENT ZONING
DISTRICT 3-9 (PD 3-9), AN APPROXIMATELY 157.8 ACRE TRACT GENERALLY
LOCATED NORTH OF STATE HIGHWAY 170, AND EAST OF U.S. HIGHWAY 377;
PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, Ordinance 315, approved by the Town Council on September 14, 1998,
established Planned Development District 3-9 (PD 3-9), an approximately 157.8 acre tract
generally located north of SH 170 and east of U.S. Hwy 377; and
WHEREAS, Ordinance 315 was amended by Ordinance 577, approved by the Town
Council on September 24, 2007; and
WHEREAS, Ordinance 315 was further amended by Ordinance 593, approved by the
Town Council on April 24, 2008; and
WHEREAS, an application was received requesting that the Land Use Schedule found in
Article Two, Section One of Ordinance 315 be amended to allow the listed use of “Commercial
Amusement (Inside)” as a permitted use within the retail and mixed-use sub-areas as shown on the
concept plan; and
WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public
health, safety and welfare that development occur in a controlled and orderly manner; 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 January 16, 2024 by the
Planning and Zoning Commission (Commission) whereby the Commission recommended to the
Town Council approval of the amendments to Ordinance 315 contained herein; and
WHEREAS, following provision of proper legal notice, including written notice to owners
within the PD3-9 zoning district and within 200 feet of the PD3-9 zoning district, published notice
and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public
hearing was held on April 1, 2024 by the Town Council; and
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, which the Council has determined to be consistent with the 2015
Ordinance 987
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Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as
amended to date; 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 these amendments to Ordinance 315 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 the following amendments to Ordinance 315 are hereby authorized:
“Article II – Uses, Section One - Land Use Schedule – Permitted Uses,
Amusement/Recreation:
“Commercial Amusement (Inside)” is hereby approved as a permitted use
within the “retail” and “mixed-use” sub-areas as shown on the land use table
therein.
SECTION 3: 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 4: 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 5: 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 6: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
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PASSED AND APPROVED ON THIS 1st DAY OF APRIL 2024.
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ATTEST: Sean Kilbride, Mayor
____________________________
Amy Piukana, Town Secretary
APPROVED AS TO FORM:
____________________________
L. Stanton Lowry, Town Attorney