HomeMy WebLinkAboutOrdinance 994 Amending Ord 959 Conditions Approving a Single Family Res Dev in the PD1-2 Zoning DistrictOrdinance 994
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TOWN OF WESTLAKE
ORDINANCE NO. 994
AN ORDINANCE AMENDING ORDINANCE 959 CONDITIONS APPROVING A
SINGLE FAMILY RESIDENTIAL DEVELOPMENT IN THE PD1-2 “PLANNED
DEVELOPMENT DISTRICT NUMBER TWO” ZONING DISTRICT; APPROVING A
DEVELOPMENT PLAN; APPROVING A SPECIFIC USE PERMIT (SUP) FOR
PRIVATE STREETS; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING
FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law municipality; and
WHEREAS, on April 22, 2013, The Town Council of the Town of Westlake, Texas
approved Ordinance 703, establishing zoning regulations for Planned Development District 1-2
(PD1-2), commonly known as Westlake Entrada; and
WHEREAS, On October 28, 2013, the Westlake Town Council approved Ordinance 720,
which approved the Development Plan for Planned Development District 1-2 (PD1-2); and
WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which
amended Ordinance 720 (Entrada Development Plan) by amending only the Phase Two portion of
the Development Plan; and
WHEREAS, On April 30, 2018, the Westlake Town Council approved Ordinance 852,
which amended Ordinance 703 (Entrada Zoning Regulations) by amending residential versus
commercial performance standards; and
WHEREAS, On May 18, 2020, the Westlake Town Council approved Ordinance 908
which amended Ordinance 703 (Entrada Zoning Regulations) by adding the use of a private
sporting club; and
WHEREAS, On October 26, 2020, The Town Council approved Ordinance 918, which
amended Ordinance 720 (Entrada Development Plan), and repealed Ordinance 830, by approving
various graphics changes and amendments to Block P and Block K; and
WHEREAS, On August 23, 2021, The Town Council approved Ordinance 934, which
amended Ordinance 720 (Entrada Development Plan) and repealed Ordinance 918, approving the
removal of the amphitheater and addition of the repository to Block C and amendments to Block
B, and adding new performance standards; and
WHEREAS, On August 23, 2021, The Town Council approved Ordinance 935, which
amended Ordinance 703 (the Entrada zoning regulations), approving amendments to the site plan
approval process, and adding the use of a residential repository; and
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WHEREAS, On December 5, 2022, The Town Council approved Ordinance 959, which
rezoned Lot 2R1, Block 1, Westlake/Southlake Park Addition, from the PD1-1 zoning district to
the PD1-2 zoning district; and
WHEREAS, the property owner of Lot 2R1, Block 1, Westlake/Southlake Park Addition
seeks to develop a portion of the property for single family residential uses; and
WHEREAS, the property owner requests certain amendments to Ordinance 959
conditions in order develop the property; 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 April 1, 2024 by the
Planning and Zoning Commission (Commission) whereby the Commission recommended to the
Town Council approval of the amendments; 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 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
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 the 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 Ordinance 959 is hereby amended as follows:
A.Ordinance 959, Section 4(A) is hereby amended to exempt single family residential
development from compliance with the Entrada design guidelines.
B.Ordinance 959, Section 4(B) is hereby amended to exempt single family residential
development from the site plan and development plan amendment requirements
contained therein.
C.Ordinance 959, Sections 4(E) and (F) are hereby deleted.
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SECTION 3: That residential development of Lot 2R1, Block 1, Westlake/Southlake Park
Addition is hereby approved subject to the following conditions:
A.Not more than 51 single family detached residential units may be developed on the
subject property, containing 15.2 acres.
B.The residential development authorized herein shall be generally consistent with the
Development Plan, attached as Exhibit “A”.
C.The residential development authorized herein shall adhere to the design guidelines,
Attached as Exhibit “B”.
D.In the event of a conflict between the requirements of this Ordinance, and Ordinance
703, as amended, Ordinance 720, as amended, or the Code of Ordinances, the
provisions of this Ordinance shall control. Where there are no conflicts, then
Ordinance 703, as amended, Ordinance 720, as amended, shall control. Otherwise,
the provisions in the Code of Ordinances shall control.
E.In the event of any conflict between the provisions contained in Sections 2 and 3 of
this Ordinance and Exhibits “A” and “B” attached hereto, the provisions of Sections
2 and 3 shall control.
F.The existing subdivision shall be vacated from the Westlake/Southlake Park Addition
Number One prior to the submission of the final plat;
G.The final plat noted above shall be recorded with the County Clerk prior to the release
of any residential building permits.
H.Design Guidelines: Prior to the submission of the final plat, the developer shall submit
final design guidelines for final approval by the Town Council that shall be recorded
with the private deed covenants, conditions and restrictions. Said guidelines shall
incorporate the recommendations contained in the Westlake Building Quality Manual
referenced above. With the exception of any guideline provision addressing a
particular architectural style, said design guidelines shall be enforced by Town staff
in reviewing building permit applications for compliance with the provisions above.
Guideline provisions to be enforced by staff include, but may not be limited to, general
building articulation, massing, fenestration, roof slope, construction details and
building materials. The design guidelines shall be approved as an amendment to this
Ordinance.
I.A Specific Use Permit (SUP) is hereby granted for all residential streets within the
development, which shall be private and constructed to Town standards. All outdoor
lighting shall comply with the Town’s outdoor lighting requirements.
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J.The primary entrance into the development shall be from Solana Blvd as shown on
Exhibit “A”. Any secondary entrance shall be for emergency access only. All gates
shall be composed of decorative metal and the gated entryway shall be meet the
requirements for gated entrances in the Code of Ordinances. Any guard houses shall
comply with the approved design guidelines as noted herein. Entryway details,
including gates, structures, and landscaping shall be included on the required
landscape plans noted herein.
K.No internal sidewalks are required. Prior to the acceptance of public improvements,
a trail shall be constructed by the developer along Solana Blvd. adjacent to the
development that links to the existing trail in Entrada. The trail shall be of similar
width and orientation and shall be included in the required landscape plan.
L.Water and sewer service shall be provided by the Town of Westlake to this
development. The developer shall, at their cost, construct all necessary water and
sewer system improvements per Town standards and shall secure any necessary
easements.
M.A Duct Bank system shall be installed by the Developer throughout the subdivision as
required by Town ordinances. The Duct Bank shall be located within a utility
easement, the final details of which shall be determined by the Town Manager or
designee. The home builder shall tie into the Duct Bank prior to the Final Inspection
for the home.
N.Stormwater facilities shall be installed by the developer and employ facilities that are
recommended by the comprehensive plan. Final location and design of said facilities
shall require the final approval of the Town Manager or designee.
SECTION 4: 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 5: 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 6: 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 7: 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 8: This ordinance shall take effect immediately from and after its passage as
the law in such case provides.
PASSED AND APPROVED ON THIS 1 st DAY OF APRIL 2024.
ATTEST: Sean Kilbride, Mayor
APPROVED AS TO FORM:
L.
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EXHIBITS
EXHIBIT A - Development Plan
EXHIBIT B - Development Standards
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Exhibit “A” – Development Plan
Ordinance 994