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HomeMy WebLinkAboutOrd 338 Granting a variance for two temporary signs advertising the GlenWyck Farms Subdivision TOWN OF WESTLAKE, TEXAS ORDINANCE NO. 338 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, GRANTING A TEMPORARY VARIANCE FROM THE TOWN'S SIGN STANDARDS LOCATED IN ARTICLE X OF THE UNIFIED DEVELOPMENT CODE, AS HEREIN SPECIFIED, REQUIRING COMPLIANCE WITH ALL OTHER PROVISIONS OF ARTICLE X OF THE UNIFIED DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Board of Aldermen (hereinafter the "Board") of the Town of Westlake, Texas (hereinafter the "Town"), adopted the Unified Development Code (hereinafter the "Code"); and WHEREAS, Article X, Sign Standards, of the Code (hereinafter the "Sign Standards") governs, among other things, the height, location, size, and other items related to the placement of the temporary signs on property within the Town; and WHEREAS, G1enWyck Farms, Ltd, a Texas Limited Partnership (hereinafter the "Developer") is currently developing a residential subdivision generally located on Dove Road east of Precinct Line Road (hereinafter the "Development"); and WHEREAS, the Developer has requested a temporary sign variance to erect two (2) temporary marketing signs along Dove Road—one (1) at Randol Mill Road, and one (1) near the northerly entrance to the Development; and WHEREAS, the Board desires to grant the temporary variance to the Town's sign standards as hereinafter delineated. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That a temporary variance to Sign Standards be granted as follows: a) The design of the temporary signs shall substantially conform to the rendition attached hereto as Exhibit"A"; b) The Developer is allowed two (2) temporary signs located within the Dove Road right-of-way (hereinafter the "temporary signs") at least twenty (20) feet from the edge of the roadway paving; provided, however,that the temporary signs shall be relocated to a location inside the Development once the construction of the roadway Development entrances are complete, and the Dove Road roadway landscaping is completed, or six (6) months, whichever is earlier; c) The temporary variance shall be effective only after the Developer has executed an Indemnification Agreement with the Town, as shown on attached Exhibit`B"hereto; d) Each sign shall not exceed four by eight feet(4x8),provided,however,the title banner may exceed beyond the basic sign dimension by up to seven(7) inches on the sides and four (4)inches on the top; e) The temporary signs shall be constructed of durable material and shall be maintained in an excellent condition; f) The temporary signs may be erected for a period not to exceed two (2) years from the effective date of this ordinance, or until 90% or more of the lots within the Development have been sold, whichever is earlier; g) The Town shall at all times have the right to inspect the temporary signs and must approve the location prior to the erection of the temporary signs. SECTION 3: That all other provisions of the Sign Standards not hereby varied shall remain in full force and effect. SECTION 4: It is hereby declared to be the intention of the Board 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 or in violation of any other law by the valid and final judgment of any court of competent jurisdiction, such finding 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 Board of the Town without the incorporation in this Ordinance of any such unconstitutional or invalid phrase, clause, sentence, paragraph, or section. SECTION 5: This Ordinance shall become effective from and after its date of passage as provided by law. PASSED AND APPROVED ON THE 8th DAY OF NOVEMBER, 1999. ATTEST: Scott Bradley, Mayor F "1 Gin e Crosswy, Town Ke.bretary APPRO A O FORM: St wn orney RELEASE AND INDEMNITY For and in consideration of the Town of Westlake, Texas (hereinafter the "Town", which term shall also include the Town's elected and appointed officials, employees, contractors, subcontractors, agents, associates and attorneys) granting a temporary sign variance on November 8, 1999, to GlenWyck farms, Ltd. (hereinafter the "Developer"), the Developer hereby agrees to save, indemnify and hold harmless the Town from and against any and all loss, claim, causes of action, including any loss or claim of loss for bodily injury or death, including attorney's fees and all costs associated with litigation, of any nature whatsoever, whether foreseen or unforeseen, arising directly or indirectly out of the placement, construction or maintenance of the temporary signs, or any materials or equipment related thereto in the Town's right-of-way. This release, indemnity and hold harmless fully and completely releases the Town for any variances to any existing ordinances, policies or procedures, and damages caused to the temporary signs by the Town, of any damages caused to any materials or equipment by the Town. It is the intent and agreement of the Developer to release, hold harmless and indemnify the Town for acts or damages caused by the negligence, or alleged negligence of the Developer, its agents,partners, employees, contractors, subcontractors, invitees, guests, and the Town. Signed and effective this %;� day of 1999. GLENWYCK FARMS, LTD.