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HomeMy WebLinkAboutOrd 143 Amending Comprehensive Zoning adding new article PH Planned Office Park and Hotel ORDINANCE NO. An Ordinance of the Town of Westlake, Texas, amending Ordi- nance No. 49, Comprehensive Zoning Ordinance of 19172 by pro- viding for a new Article VI-B entitled "P-H Planned Office Park and Hotel; providing for zoning regulations and uses with respect thereto in accordance with the comprehensive plan, which, together with the zoning map, will constitute the zoning provisions applicable to the planned office park and hotel use within the Town of Westlake; providing sever- ability clause; providing a penalty; and declaring an emergency. WHEREAS, the Town of Westlake is residential in charac- ter consisting predominantly of tracts of land not less than ten ( 10) acres; and WHEREAS, Ordinance No . 49, Comprehensive Zoning Ordi- nance from the Town of Westlake currently provides for the following zoning districts: Low density residential, high density residential, local retail, industrial, and P-Planned Office Park; and WHEREAS, the property zone high zoned residential, local retail, industrial and P-Planned Office Park is situ- ated along State Highway 114, and none of the property so zoned is actually developed; and WHEREAS, it appears that there is a need for a new "P-H Planned Office Park and Hotel" zoning district to permit the development of office parks and hotels on the large tracts of land particularly where they are adjacent to existing areas zoned "P-Planned Office Park" ; and WHEREAS, the Town Council of the Town of Westlake has its desire of creating a "PH-Planned Office Park and Hotel" zoning district and creating rules and regulations for the same so that such district would be compatible to the sur- rounding residential districts, and "P-Planned Office Park" districts and would maintain the high community standards; and WHEREAS, the governing body, after considering the rec- ommendations of the Planning & Zoning Commission made after holding a public hearing is provided by ordinance and after issuing notices and holding public hearings and affording every person whose property was affected or . who had any interest in the matter a free and fair opportunity to be heard, finds that it will promote the public health, safety and welfare of the present and future residents of Westlake to establish a "PH-Planned Office Park and Hotel" zoning district; NOW, THEREFORE, be it ordained by the Board of Alderman of the Town of Westlake, Texas: Part I . That Ordinance No. 49, Comprehensive Zoning Ordinance of 1972, is hereby amended by adding a new Article VI-B en- titled "PH-Planned Office Park and Hotel" which will herein- after read as follows: "Section 1 . Purpose. The zoning regulations and district as herein established, have been made in accordance with the compre- hensive plan for the purpose of promoting the public health, No accessory uses shall be permitted in a Planned Office Park and Hotel District other than the following: A. Buildings and uses accessory to a principal use, including the following: 1 . Clinics, cafeterias, restaurants, limited retail trade and service uses and recreation facilities, provided that all such accessory uses shall be for the comfort, convenience, and anticipated principal use of the occupants, employ- ees, and business visitors of the prin- cipal uses permitted in this ordinance and in any property zoned "P - Planned Office Park" . 2 . Off-street parking and off-street load- ing space as required. 3 . Storage and maintenance facilities . 4. Utility services and facilities. S . Gate houses, bus stops, pedestrian shel- ters and any similar structures. 6 . Caretaker houses. 7 . Signs, subject to illumination and size standards. 8 . Fire station or security building. "Section 4. Dimensional Standards and Requirements. The following dimensional standards and require- ments shall apply: A. The minimum required lot area shall be SO acres. B. The maximum percent of lot to be occupied by principal use buildings shall be 10%, exclud- ing courtyards, atria, etc . , and by accessory use buildings 10%. C. The minimum size of any front, side, or rear yard for principal and accessory use build- ings shall be: 1 . 100 feet from any public road, street or hig ay; provided, however, the minimum set back from State Highway 114 shall be 200 feet. 2 . 500 feet from any low density residen- tial district. D. Accessory use buildings and structures may be located in the required yard areas, provided they are no closer than the setbacks set out in C. above, provided that for utility ser- vice facilities, bus stops, gate houses, signs and similar types of minor accessory structures such setback will not be required. Except as permitted above, the setback area from property boundaries set out in C. above shall be maintained as a buffer area. -3- E. The maximum permitted building height for any principal or accessory building shall not exceed 700 feet mean sea level . The maximum permitted building height for accessory structures which are located within 100 feet of any street or property boundary shall be 20 feet as measured above the average grade of the actual building site provided that said structure does not exceed 700 feet mean sea level . "Section 5 . Provisions for Water, Sewer, Security, Fire and Ambulance. The Town of Westlake is not in the position to provide water, sewer, police, fire and ambulance services to Planned Office Park and Hotel Districts within the Town. Therefore the following will apply to owners and/or occu- piers of the land and buildings in such district. A. Police or security, fire and ambulance ser- vices, if any, will be the sole responsi- bility of the owner or occupier of the property. B. Water will be provided by an entity which has a surface water source of supply, or an entity which has a contract with an entity which has a surface water source of supply. No water wells may be drilled in a Planned Office Park and Hotel District. A copy of the contract( s) for water supply shall be filed as a part of the ordinance prior to the issuance of any building permit in a Planned Office Park and Hotel District. C. Sewage will not be treated by septic tanks. Sewage will be treated by a Municipal Utility District or other political subdivision approved by the Town of Westlake that has a permit from the Texas Department of Health to treat sewage. A copy of the ' contract for sewage treatment shall be filed prior to the issuance of any building permit in this dis- trict. An Owner or developer of an office park, hotel or conferencing facility in this dis- trict may not provide for its own sewage treatment system, unless the plans and speci- ficat-ionz for such system are approved by the Town Council . "Section 6 . Requirement of Comprehensive Site Plan. In establishing a Planned Office Park and Hotel District in accordance with this section, the Town Council may require the owner to file a comprehensive site plan of the development. Such site plan shall be filed with and approved by the City Council prior to the issuance of any building permit in a Planned Office Park and Hotel District. -4- Such site plan shall set forth the locations of ingress and egress to the property, public or private streets or drives, with adequate right-of-way, sidewalks, utilities, drainage, parking space. It shall specify the location and height of buildings, lot coverage, yards and open spaces, screening walls, fences and landscaping, and shall provide a reason- able transition to and protection of the adjacent property. Such site plan shall be in addition to and not in lieu of any preliminary plat required by any other ordinance or any statute . "Section 7 . Platting Required. All petitions for rezoning to establish a Planned Office Park and Hotel District must also concurrently follow subdivision platting procedures of the Town of Westlake. "Section 8. Conditions To Use . Every Planned Office Park and Hotel District approved under the provisions of this ordinance shall be considered as an amendment to the ordinance as applicable to the property involved. In the ordinance creating a Planned Office Park and Hotel District, the Town Council may impose conditions relative to the standard of development in such district, and such conditions shall be complied with before a certificate of occupancy shall be issued for the use of any structure which is located in the Planned Office Park and Hotel District. Such conditions shall not be construed as conditions precedent to the approval of the zoning ordi- nance, but shall be construed as conditions precedent to the granting of a certificate of occupancy. "Section 9 . Referenced on Zoning Map. All Planned Office Park and Hotel Districts approved in accordance with the provisions of this ordinance or by subsequent amendment thereto shall be referenced on the zoning district map and a list of such planned develop- ment districts together with the category of uses permitted therein shall be maintained in the appendix of this ordi- nance . -5- "Section 10. Penalty. That the violation of any provision of this ordi- nance shall be deemed an offense punishable by a fine not exceed One Hundred Dollars ($100. 00) , and each violation thereof shall be and is hereby deemed to be a district and separate offense and punished as such. PART II It is hereby declared to be the intention of the Town Council 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 unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remain- ing phrases, clauses, sentences, paragraphs and sections of this ordinance since the same would have been enacted by the Town Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, para- graph or section. PART III All ordinances or parts of ordinances in conflict with this ordinance or any part thereof are hereby repealed. PART IV This ordinance shall become effective immediately upon its passage, and it is accordingly so ordained. o PASSED AND APPROVED this the ,Qday of 2 40y G✓ 1985 A.D. 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