HomeMy WebLinkAboutOrd 269 Extending moratorium regarding Subdivision PlatsORDINANCE NO. 269
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, EXTENDING THE
TERMS AND PROVISIONS OF SECTIONS I THROUGH V AND SECTIONS VH
AND VIH OF ORDINANCE NO. 259, AS MODIFIED AND EXTENDED BY
ORDINANCE NO. 264; PROVIDING FOR A MORATORIUM ON THE
ACCEPTANCE, PROCESSING OR APPROVAL OF SUBDIVISION PLATS AND
RELATED APPLICATIONS FOR ANY REAL PROPERTY WITHIN THE
TOWN OF WESTLAKE, TARRANT AND DENTON COUNTIES, TEXAS, AND
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. 259 establishing a
moratorium on the acceptance or processing of subdivision plats and related applications;
and
WHEREAS, Ordinance No. 259 contemplated that new regulations concerning
processing and approval of subdivision plats would be enacted by Westlake within 120
days of the effective date of said ordinance; and
WHEREAS, Ordinance No. 264, adopted January 6, 1997, extended the
moratorium on platting established by Ordinance No. 259 for a period not to exceed
ninety days from its effective date; and
WHEREAS, the Town through its consultants conducted a series of meetings
with property owners concerning revision to the Town's subdivision regulations and
design standards since such date; 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 subdivision 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 said joint workshops in order to continue the process of reviewing the
draft subdivision regulations and design standards with the Town's consultants; and
WHEREAS, it further appears that necessary to continue such meetings in order
to address standards to be applied to approval of subdivision plats and related
applications, particularly provisions relating to provision of open space, public land,
drainage, engineering standards and erosion control, within the proposed amendments,
and
WHEREAS, the first extension period will not expire until April 6, 1997, and
Ordinance extending Subdivision moratorium
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WHEREAS, it appears that the time needed to complete review of the
subdivision regulations and design standards, together with the time necessary to hold
public hearings prior to adoption of the revised subdivision regulations and design
standards, 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 subdivision regulations
in an orderly fashion, and
WHEREAS, Ordinance No. 259 contains provisions for exemptions and appeals
in the event of hardship that may be caused by the moratorium on subdivision plats, 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 subdivision plats and related applications 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. 259.
The terms and provisions of Sections I through V and Sections VII and VIII of
Ordinance No. 259, as initially extended by Ordinance No. 264, 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
subdivision and related regulations, including open space regulations, whichever date shall
first occur.
Section 1I. 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
be declared to be invalid, the same shall not affect the validity of any other section,
subsection, sentence, clause of phrase of this ordinance.
Section IH. Conflicting Ordinances.
This ordinance supersedes all ordinances or parts of ordinances in conflict with the
provisions herein stated.
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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:
6n—ger C&sswT Town Secreay
APPROVED AS TO FORM:
Paul C. Isham, Town Attorney