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HomeMy WebLinkAboutOrd 206 Amending the Use and Fee ScheduleORDINANCE NO. 206 AN ORDINANCE AMENDING ORDINANCE NO. 189 OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE FEES FOR ZONING CHANGE APPLICATIONS, COMPREHENSIVE SITE PLANS, SPECIAL USE PERMITS, AND VARIANCES OF SUBDIVISION REGULATIONS; PROVIDING FOR A PENALTY; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE TO ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, on the 6th day of- May- 1-991, the Town of Westlake adopted an ordinance, Ordinance No. 189, which, in part, established and amended fees for zoning change applications, including pre-application/pre-design conferences, straight zoning changes, approval of comprehensive site plans, and special use permits; and WHEREAS, the Town adopted ordinances in August and October, 1992 that established a Comprehensive Plan and new Comprehensive Zoning Ordinance for the Town; and WHEREAS, as a result of the passage of said ordinances, the Town needs to amend the fees charged for zoning change applications; and WHEREAS, the fees established by Ordinance No. 189 were attached as Schedules 1, 2 and 3 and the Town is now desirous of amending Schedule 1; and WHEREAS, the Town is also desirous of amending the penalty provision of Ordinance No. 189; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: PART I. That the Town hereby adopts Schedule 1 attached hereto and incorporated herein as the amended Fee Schedule for Zoning Change Applications, and Schedule 1 attached to ordinance No. 189 is replaced by the new Schedule 1. Schedules 2 and 3 of Ordinance No. 189 remain valid. ORDINANCE - Page - 1 \373-23.003\105.ord PART II. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. PART III. That this Ordinance shall be cumulative of all other ordinances of the Town of Westlake affecting zoning application fees and subdivision platting fees, and specifically Ordinance No. 49, as amended as it relates to zoning application fees, Ordinance No. 106, as amended, as it relates to subdivision and platting fees, and Ordinance No. 189 as it relates to zoning application fees; but shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. - PART IV. It is hereby declared to be the intention of the Town Board of Aldermen that the sections, paragraphs, sentences, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness 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 Board of Aldermen without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. PART V. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. ORDINANCE - Page - 2 \373-23.003\105.ord fi PASSED AND APPROVED this the 2nd day of February, 1993. ATTEST: r GEW WH E, SECRETARY TO OF WESTLAKE, TEXAS APPROVED AS TO LEGAL FORM -7 PAUL C. ISHAM, TOWN ATTORNEY TOWN OF WESTLAKE, TEXAS ORDINANCE - Page - 3 \373-23.003\105.ord DAtE L. WHITE, MAYOR TOWN OF WESTLAKE, TEXAS r SCHEDULE I AMENDED FEE SCHEDULE FOR ZONING CHANGE APPLICATIONS 1. PRE-APPLICATION/PRE-DESIGN CONFERENCE. This is intended to provide the applicant with a. verbal interpretation of ordinances and processes, and to respond to any questions they may have. The Conference may involve the Town Planner, Town Attorney and Town Engineer. Subsequent meetings shall be held after the application is submitted. - - Fee: $400 2. STRAIGHT ZONING CHANGE. This includes review of the Application, site visits, meetings with the Applicant and recommendations to the Planning & Zoning Commission and Board of Aldermen, as well as published notifications and Public Hearings. Fee: $1,800 + $90/acre; $40,000 maximum (less fee paid for Pre -Application Conference) 3. PLANNED DEVELOPMENT DISTRICT. This includes review of the Application, site visits, meetings with the applicant and recommendations to the Planning & Zoning Commission and Board of Aldermen, as well as published notifications and Public Hearings. Applicants will be required to seek approval of Conceptual Site Plans (for 660 of the fee), and Comprehensive Site Plans (for the remaining 340 of the fee) in a two -stepped process. Fee: $1,800 + $90/acre (less fee paid for Pre - Application Conference) 4. SPECIAL USE PERMIT. This includes review of the Application, site visits, meetings with the Applicant and recommendations to the Planning and Zoning Commission and all Public Notifications. Fee: $1,800 ORDINANCE - Page - 4 \373-23.003\105.ord 5. AMENDMENTS TO APPROVED SITE PLANS. This includes review and approval of the Town Planner, in consultation with the Town Attorney and the Town Engineer. if the request exceeds the ability of the Town Planner to grant the site plan revision, the application may be converted to a full zoning application with payment of the balance of a full application fee. Fee: $900 + $20/acre (less'fee paid for Pre -Application Conference) 6. VARIANCE OF ZONING REGULATIONS. This includes review of the Application, site visits, meetings with the Applicant and recommendations to the Board of Adjustment, and all Public Notifications and Public Hearings. Fee: $900 The Town may elect to refund any unused portion of an application fee to the applicant, once the application has been fully acted upon. The refund, if any, shall be based on the fee paid, less 115% of the actual costs to the Town. ORDINANCE - Page - 5 \373-23.003\105.ord