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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 Ordinance extending PD moratorium Page 2 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 Ordinance extending PD moratorium Page 3 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