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HomeMy WebLinkAboutOrd 1049 Amendments to Article IX TC DistrictTOWN OF WESTLAKE ORDINANCE NO. 1049 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING SECTIONS 102-411(B)(9), 102-412(C), 102-415 (B), AND 102-416(A) OF THE TOWN OF WESTLAKE, TEXAS CODE OF ORDINANCES BY EXEMPTING LODGING BUILDING FUNCTIONS AND OFFICE BUILDING FROM REQUIRING A SHOPFRONT BUILDING FRONTAGE; BY MODIFYING THE LIST OF THE PERMITTED BUILDING FUNCTIONS WITHIN THE TOWN CENTER CORE ZONES; BY PERMITTING GROUND-BASED, MONUMENT SIGNS FOR COMMERCIAL BUILDING FUNCTIONS; ESTABLISHING STANDARDS FOR LOCATING AND DESIGNING SWIMMING POOLS, HOT TUBS, AND OUTDOOR WOODBURNING FIRE PITS AND FIRE PLACES; PROVIDING A PENALTY NOT TO EXCEED THE AMOUNT OF TWO THOUSAND DOLLARS FOR EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE DEEMED TO HAVE BEEN COMMITTED EACH DAY DURING OR ON WHICH SUCH A VIOLATION OCCURS OR CONTINUES TO OCCUR; 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 (the “Town”) is a general law municipality; and WHEREAS, the Town Council of the Town (the “Town Council”) finds it necessary for the public health, safety, and welfare for development to occur in a controlled and orderly manner in accordance with the Town’s Comprehensive Plan; and WHEREAS, the Planning and Zoning Commission met on August 4, 2026 and reviewed and considered the proposed text amendments to the provisions for the TC, Town Center Form- Based Development District as found in the Unified Development Code, and provided a recommendation to the Town Council; and WHEREAS, the Planning and Zoning Commission and the Town Council of the Town, in compliance with the laws of the State of Texas with reference to the text amendments to the Unified Development Code and have given the requisite public hearing notices by publication and, after holding due meetings in accordance with the Texas Open Meetings Act, is of the general opinion that the Unified Development Code should be amended; and WHEREAS, upon the recommendation of the Planning and Zoning Commission provided on August 4, 2026, the Town Council believes that, in the interests of the Town and its present and ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 2 OF 6 future residents, adopting this Ordinance will advance the economic development and physical development of the Town while preserving its distinct character and shared community values; and 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 provisions under Section 102-411 (b)(9) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for exempting all lodging and office building functions from having to provide a shopfront building frontage as follows: (9)All first floor commercial building functions at locations along an arterial thoroughfare, a collector thoroughfare, and a civic space shall provide a shopfront building frontage at a minimum, except as provided in below. a.Lodging building functions and office building functions are exempted from all shopfront building frontage standards in this section. SECTION 3: That the provisions under Section 102-412 (c) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide for new building functions, to clarify existing building functions, and to remove building functions, and renumbered as follows: (c)Allowable building functions in town center core. The allowable building functions in the town center core zones shall be limited to the following: (1)Amphitheater. (2)Bakery. (3) Bank. (4)Bar. (5) Barber shop. (6) Bistro. ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 3 OF 6 (7)Café. (8)Childcare center. (9) Coffee shop. (10) Community garden. (11)Conference center. (12) Day spa. (13)Dry cleaner. (14)Electric vehicle charging station. (15)Entertainment establishment. (16) Food truck park. (17) Fountain. (18) Funeral home. (19) Home occupation. (20)Hotel (no room limit). (21) Light manufacturing facility (no noxious noise, odor, or traffic generation). (22)Live-work building. (23)Medical clinic. (24) Meeting hall. (25)Mixed-use building. (26)Multi-family residential (allowed only in mixed-use buildings located within the building height waiver overlay district). (27) Office building. (28)Open-market building. (29) Parking structure. (30) Private garden (located within the building frontage). (31) Public art. (32)Research facility. (33)Restaurant. (34) Retail building, provided that the specific building function shall be further limited to the following: ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 4 OF 6 a. An apparel store; b.An appliance store; c.An artisan goods store; d. A bicycle shop; e. A book store; f. A corner market (provided that a minimum of 50 percent of the total building area of the retail sales establishment is exclusively allocated and exclusively dedicated to the display and the sale of fresh fish, fresh meat, fresh produce, seasonal fruit, vegetables, and other perishable agricultural products); g. A dairy goods store; h.A department store; i.A display gallery; j.An electronics store; k.A farmers market; l.A fitness center; m.A florist; n. A furniture store; o. A grocery store; p.A hardware store; q. A home furnishings store; r.A jewelry store; s. A liquor store; t.A mail center; u. An optical goods store; v. A paint store; w.A pet store; x.A pharmacy; y. A shoe store; z. A sporting goods store.; and aa. A toy store. ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 5 OF 6 (35) Salon. (36) Single-family residential (attached and detached). (37) Veterinary (no outdoor kennel). (38)Winery. SECTION 4: That the provisions under Section 102-415 (b) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the location and the design of ground-based, monument signs as follows: (6) Ground-based, monument signs. One ground-based, monument sign, and that is not more than four feet in height and eight square feet in area, may be located within the building frontage. a.All ground-based, monument signs shall be constructed of a metal material, and the ground-based, monument signs bases and supports shall be made of a brick material, a stone material, and / or a stucco material matching the principal building on the lot. SECTION 5: That the provisions under Section 102-416 (a) of Article IX entitled, “TC, Town Center Form-Based Development District”, are hereby amended to provide new provisions for the design and the location of swimming pools, hot tubs, and outdoor woodburning fireplaces and outdoor woodburning fire pits as follows: (9)All swimming pools and all hot tubs shall maintain a low profile and shall be visually screened from all views from thoroughfares and civic spaces and surrounding lots with a wall. (10)All outdoor woodburning fireplaces and all outdoor woodburning fire pits shall be separated from all combustible structures and all trees by the minimum distance as found existing in the International Fire Code. SECTION 6: That this Ordinance shall be cumulative of all other Ordinances adopted by the Town of Westlake and all provisions of other Ordinances as adopted by the Town of Westlake which are inconsistent with the provisions or terms of this Ordinance are hereby repealed. ORDINANCE 1049 AMENDMENTS TO ARTICLE IX PAGE 6 OF 6 SECTION 7: 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 8: It is hereby declared to be the intention of the Town Council of the Town of Westlake, 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 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 18TH DAY OF AUGUST 2026. _____________________________ Kim Greaves, Mayor ATTEST: _______________________________ Dianna Buchanan, Town Secretary APPROVED AS TO FORM: _______________________________ Matthew C.G. Boyle, Town Attorney