HomeMy WebLinkAboutOrd 268 Extending moratorium of rezoning petitionsORDINANCE NO. 268
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS EXTENDING THE
TERMS AND PROVISIONS OF SECTIONS I THROUGH V AND SECTIONS VII
AND VIII OF ORDINANCE NO. 258, AS AMENDED BY ORDINANCE NO. 263,
PROVIDING FOR A MORATORIUM ON THE ACCEPTANCE, PROCESSING
OR APPROVAL OF REZONING PETITIONS FOR PLANNED DEVELOPMENT
DISTRICTS FOR ANY REAL PROPERTY WITHIN THE TOWN OF
WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS, EXEMPTIONS
AND AN APPEAL PROCESS, FOR AN ADDITIONAL NINETY (90) DAYS;
PROVIDING A SEVERABILITY CLAUSE, SUPERSEDING PRIOR
PROVISIONS, AND AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake adopted Ordinance No. 258 establishing a
moratorium on the acceptance and processing of rezoning petitions and development
applications for planned development districts; and
WHEREAS, Ordinance No. 258 contemplated that new regulations concerning
processing and approval of planned developments would be enacted by Westlake within
120 days of the effective date of said ordinance; and
WHEREAS, Ordinance No. 263, adopted January 6, 1997, extended the
moratorium on planned developments established by Ordinance No. 258 for a period not
to exceed ninety days from its effective date; and
WHEREAS, the Town through its consultants conducted a series of workshops
with property owners for the purpose of reviewing and revising existing planned
development procedures; and
WHEREAS, several drafts of amendments to existing planned development
regulations have been prepared pursuant to such workshops; and
WHEREAS, discussions are continuing with property owners who contemplate
developing their land under a Planned Development District classification; and
WHEREAS, two joint workshops of the Planning and Zoning Commission and
the Board of Aldermen was scheduled for March 3 and March 10, 1997, in order to
review draft revisions to the planned development regulations in advance of a public
hearing, and
WHEREAS, representatives of Alliance Development Company, apparent owner
of large parcels of undeveloped land within the Town of Westlake, requested
postponement of the workshops in order to continue the process of reviewing the draft
planned development regulations with the Town's consultants; and
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WHEREAS, it further appears that it is necessary to address substantive
standards to be applied to planned developments, particularly provisions relating to
provision of open space in such developments, in conjunction with the proposed
amendments; and
WHEREAS, the first extension period will not expire until April 6, 1997; and
WHEREAS, it appears that the time needed to complete the review of the
planned development regulations, together with the time necessary to hold public hearings
prior to adoption of the revised planned development regulations, will extend beyond the
time that the first extension period expires; and
WHEREAS, upon full review by the Board of Aldermen of all matters related
thereto, the Board is of the opinion that it is in the best interests of affected property
owners and the Town to adopt comprehensive amendments to the planned development
regulations in an orderly fashion; and
WHEREAS, Ordinance No. 258 contains provisions for exemptions and appeals
in the event of hardship that may be caused by the moratorium on planned developments,
which will be continued in the extension of such moratorium; and
WHEREAS, the Board finds that a limited extension of the moratorium on
acceptance or processing of rezoning petitions and development applications for planned
developments best serves the public health, safety and general welfare of the community of
Westlake, and provides time needed for property owners to review draft regulations;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
Section I. Extension of Terms and Provisions of Ordinance No. 258.
The terms and provisions of Sections I through V and Sections VII through VIII
of Ordinance No. 258, as initially extended by Ordinance No. 263, are hereby further
extended and shall remain in full force and effect for an additional ninety (90) days from
the date of adoption of this ordinance, or until such time as the Town enacts new planned
development district regulations, whichever date shall first occur.
Section H. Severability.
The terms and provisions of this ordinance shall be deemed to be severable and if
the validity of any section, subsection, sentence, clause or phrase of this ordinance should
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be declared to be invalid, the same shall not affect the validity of any other section,
subsection, sentence, clause or phrase of this ordinance.
Section III. Conflicting Ordinances.
This ordinance supersedes all ordinances or parts of ordinances in conflict with the
provisions herein stated.
Section IV. Effective Date.
This ordinance shall become effective immediately from and after its passage.
PASSED AND APPROVED THIS 24TH DAY OF MARCH, 1997.
Scott Bradley, Mayor `
ATTEST:
OA—C,
Ginger §rosswy, Town Secaary
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney