HomeMy WebLinkAboutOrd 157 Amending Regulating Subdivision of land Sections 3.2 and 10.1; IBM ComplexORDINANCE 010. _1-'5-7
AM ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDIWR ORDINANCE
NO. r SECTION T AND SECTION 10- t TO PERMIT THE
I\LI. lub LA mr{E?`_z3l r�u .�.rE �l Y _''i
ISSUANCE OF BUILDING PERMITS PRIOR TO THE APPROVAL OF FINAL PLATS
IN SITUATIONS WHERE A LARGE PROJECT INVOLVING A TRACT OF !_{=ND OF
JtMg r OR MORE ACRES IS BEING DEVELOPED; PROVIDING A SEVERABILI T`f
CLAUSE AND DECLARING AN EFFECTIVE DATE:
WHEREAS, the !BM-Magi_iire'Thofnas Partnership cans acreage
Westlake, Texas in e};Ce-S Of 40'c' ecr-C--.
situated i n the oo-#rt of '�__ �'`
and is starting construction and development of such acreage
Pursuant uant to a master' pian for the entire acreage; and
WHEREAS,the current ordinances of the Town of Westia+-:e
prohibit the issuance
Of building permits until a final plat's
approved by the 'Toan A oh + b w the final plat shall be
approved, the publicimpr o ement br �.ry rGur€u to F_,J `rer lite cost Of
such improvements shall be posted;
WHEREAS, the size and scope of v large project should be
exempted from the current el_€`Jdivision regulations of the Town of
t•31e=.tlaE:-e, for the p`-:Lrl1- improvements
arC�'' r' ratheextensive and 1i
�
is improper to require a development to wait on the completion Of
thep F_. ':DISC improvements prior to commencing __instruction on the
building
ORDAINED
THE
NOW, THEREFORE, bE IT O L` 3 � Y THE BOARD IF ALDERMEN OF
TOWN OF WESTLAKE, TEXAS=
PART 1. That the current subdivision ordinance of the Town Of
W%stt ak=, Texan, ordinance 4l� 106, is hereby amended by amending
_
Section ill. Application by amending Section 0. and ,.mending
3
Ey amending Sec -tion 1 " to Section Required Improvements.
read as follows_
"SECTION II_. APPLICATION
"3.2 The Town
Secretary ''hall not issue building or repair
r.f=-
u
in sub-
permits
for any structure Cr- par""! Ofwand -_
file 6_._ JeC's:
isubdivisionhas
y
i)i ::l si dl�p
division
unless: _
by the Town Cou"cil and a. plat as approved
rpre-
approved
,_`-" Council
� e recorded in the manner 're-
:-'ac E°`eei'F T Com- LICd
_:fC LutenL3.3
sc.
' :1 a appropriate resolution
harem, -('I t ...FS
f Ci dC-f
scribed
_
by
authorizing
such subdivision '_ been adopted
Council.
Building per Fmif _. MY be issued e en though
CIA JL
atisfied if the
C2S sbo,ehasnot L:C='.r
development
consists Of a master plan development -
ilei
or more ..nd a preliminary
by the Town Council'
plaE or
plats have been approved
. �lat _- u- are issued prior
ilii >_f_ki ir:� p�r _
tiFe
_.;✓tiit
OF (2)
beingsatisfied, a certificate of occupant'-'
for the
building(s)s3 will not the issued until all re -
#i platting and public improvement
Outr ed
p^a.tting
cunsfruction has bee" completed.''
"SECTION X. REQUIRED IMPROVEMENTS
_. I Priol to the granting of .mortal plat approval, the
subdivider - - have installed the required improve-
ments, at shall have guaranteed their future i,=_. -_a_-
_o.ti_n tom. p' oviding a bond to the TO€ N in an amount
equal to one hundred ten percent (110% of the total
'-oEt of all required improvements, as estimated by
the Town Engineer. in the event c:ul_di.^.g i_=er€Tsit=. are
issued pursuant to the exception contained in Section
_.i prior c:the approval the Sir? -al plat, no
Certificate . U.,
building(s)g{s. untila.e-final plat is approved or the
cc:u.ncLil `adopts a resolution approving such
PART2. if any provision, n, section, subsection, sentence, clause
c.0 Phrase of this ordinance, or the application of same to any
person or ___ of circumstances is for any reason held to to
unconstitutional, void, or invalid, the invalidity of the
remaining portions of this ordinance shallnot, be affected
thereby, it being the intent of the Board of Aldermen in adapting
thi=_, ordinance that no portion thereof provisions, `�..__... _�. - l---_r:r OP' '-ob'i 51 DIES ...
Y
regulations contained her' -sir-:, shall become inoperative or fail by
reason of any unconstitutionality of portion � -
any rz'=E"=.Gr � 'ti ors h3et E�oY a.r;G
all provisions of the ordinance are declared to be severable for-
that
otia.t purpose.
PART
1That this ordinance shall become effectiveupon
F.
passage
�._ eie_�Lson Githe Mayor lE accordance with law.
PASSED AND APPROVED THIS ARD DAY OF NOVEMBER, 1956.
u':~:LE WHITE, 11.'-hYDR
.iWley` OF WESTLAVE, TEXAS
ATTEST -
,C.
'tE;ro- :.:
f�.--
�nt WHITE, TU's-#h-k SECRETARY
APPROVED AS TO LEGAL FORM;
FAA C. !SHAM, TOWN ... OR_NET
METROPLEX ENGINEERING CORPORATION
ENGINEERING • LAND PLANNING • SURVEYING
STANFORD "BUD" HAUPTMANN, P.E., RPS, PRESIDENT
30 September 1986
Honorable Dale L. White
Mayor, TOWN OF WESTLAKE
Route 1, Box 501
Roanoke, TX 76262
Re: IBM Resolution Request
Time Sequencing of Building Permits
Mayor White:
86-0204.17
It has come to our attention that the IBM project team would like the Town
Council's consideration on adopting an appropriate resolution which would modify
the requirements outlined in the current subdivision ordinance (No. 106) pertaining
to building permits. The following sections of the ordinance apply to this request:
SECTION III. APPLICATION
3.2 The Town Secretary shall not issue building or repair permits for any
structure or parcel of land in a subdivision unless: (1) the subdivision has
been approved by the Town Council and a plat as approved by the Council
has been recorded in the manner prescribed herein, or (2) an appropriate
resolution authorizing such subdivision has been adopted by the Council.
SECTION X. REQUIRED IMPROVEMENTS
10.1 Prior to the granting of final plat approval, the subdivider shall have
installed the required improvements, or shall have guaranteed their future
installation by providing a bond to the TOWN in an amount equal to one
hundred ten percent (110%) of the total cost of all required improvements, as
estimated by the Town Engineer.
These provisions in the subdivision ordinance would require an approved final plat
with completed public improvements (or a 110% bond surety to the TOWN for their
construction) prior to the issuance of any building permits.
Similar requirements are typically found in most other cities' subdivision
regulations. They are specifically designed to protect future lot owners from
purchasing a subdivided tract and building a structure on it prior to the developer
completing the platting and construction of public improvements necessary to serve
the subdivision. In the particular case of the IBM-Maguire/Thomas partnerhsip, the
Council may feel that such protection is not necessary.
1123 FORT WORTH DRIVE • DENTON, TEXAS 76205 • [9171383-1416 • METRO 430-9652
2SO SOUTH STEMMONS • SUITE 300 • LEWISVILLE, TEXAS 75067 • (2141221-241B
Mayor White
30 September 1986
page 2
Because of the size and scope of the project and the relatively short construction
schedule, the IBM project team proposes to submit applications for building permits
and begin construction on the building foundations in the near future. Their
desired project sequencing would allow for the construction of the multistory
buildings concurrently with the necessary public improvements (roads, storm
drainage, utilities). All of this construction would be under the Town's normal
permitting review and field inspection control. In addition, it would be in
conformance with the approved comprehensive site plan.
Based upon the size and scope of this particular project and developer -owner
partnership arrangement, we do not see a potential problem with this request.
If you have any questions concerning this issue, please contact me at your earliest
convenience.
Sincerely,
tmann, ISE., R.P.S.
President
METROPLEX ENGINEERING CORPORATION
SH/sm
cc: Norm Aspis
Maguire/Thomas Partners
5215 North O'Connor Blvd., Ste. 200
Irving, TX 75039
Jack Nottingham
Harwood K. Smith & Partners
1111 Plaza of the Americas
North LB 307
Dallas, TX 75201
Jim Williams
Carter & Burgess, Inc.
1100 Macon Street
Fort Worth, TX 76113