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Ord 516 Zoning property Terra Bella sent back to Planning and ZoningTOWN OF WESTLAKE ORDINANCE NO. 516 ORDINANCES, SECTION 102-31 ZONING AMP, TO BE ATTACHED HERETO AS EXHIBIT A TO REFLECT A CHANGE OF ZONING i APPROXIMATELY .; OF i;, DESCRIBED AS THE FOLLOWING: CHARLES M THROOP SURVEY - A1107, Tr 1114; A1510, Tr 13; A1510 Tr 7AOI and A1510, Tr 7A01A;# Tr 7A2 and A1510, PREVIOUSLYAND THE TW MANN SURVEY - A1107, Tr 1B and A1510, Tr 1BI; ! ! ' AND OFFICE PARK,ONE S 1 PROVIDINGPD AND RELATED SITE PLAN ATTACHED HERETO AS E.WNUBIT B; !' • SEVERABILITY CLAUSE; PROVIDING !'FOR A SAVINGS DATE.CLAUSE; PROVIDING FOR A PENALTY CLAUSE, AND PROVIDING FOR AN EFFECTIVE WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Plan for the Town; and WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of Westlake, Texas adopted a Comprehensive Zoning Ordinance; and WHEREAS, on September 15, 1997, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas amended the Zoning Ordinance and the subdivision regulations by adopting a Unified Development Code for the Town of Westlake (the "Town"); and WHEREAS, on September 22, 2002, based upon the recommendations of the Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake, Texas adopted Ordinance #406 amending the Zoning Ordinance and Official Zoning map; and WHEREAS, an analysis of the Town's codes and regulations has determined that amendments to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, the Board, at a public hearing called by the Board, did consider the following factors in making a determination as to whether the requested changes should Page 1 of 5 be granted or denied: safety of the motoring public and the pedestrians using the facilities in the areas immediately surrounding the effected zoning districts; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhoods, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed uses around the effected zoning districts and in the immediate neighborhoods, adequacy of parking, location of ingress and egress points for parking, and protection of public health and the general welfare, effect on light and air, the effect on the transportation, eater, sewerage, schools, parks and other facilities; and WHEREAS, the Board, at a public hearing called by the Board did consider the following factors in making a determination as to whether the requested changes should be granted or denied: effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities, and WHEREAS, the Board further considered among other things the character of the effected zoning districts and their peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this town; and WHEREAS, the Board does find that there is a public necessity for the proposed zoning ordinance amendments, that the public demands it, that the public interest clearly requires the amendment, that the zoning ordinance amendments do not unreasonably invade the rights of those who bought or improved property with reference to the classifications which existed at the time their original investment was made; and does find that the changes in the zoning ordinance lessen the congestion in the streets, help secure safety from fire, panic and other dangers; promote health and the general welfare; provide adequate light and air; prevent the overcrowding of land; avoid undue concentration of population; facilitates the adequate provisions of transportation, water, schools, parks and other public requirements; and WHEREAS, the Town Board has determined that there is a necessity and need for these changes in the zoning ordinance and has also found and determined that there has been a change in the condition; and therefore, feels that changes in the zoning ordinance are needed, are called for, and are in the best interest of the public at large, the citizens of the Town, and help promote the general health, safety, and welfare of this community Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Comprehensive Zoning Ordinance of the Town of Westlake, Texas be amended by amending ARTICLE 11. DISTRICTS AND MAPS, Section 102-31 Zoning Map, to read as follows: See. 102-31. Zoning map. (a) Designated; rezoning of property. Exhibit A to be attached to Ordinance No. is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be identified and maintained by the town in accordance with the provisions of this chapter, as amended from time to time. The Official Zoning Map incorporates the rezoning of properties in the town to conform with the Comprehensive Plan and this chapter. (b) Division of town. (1) The town is divided into eleven zones, or districts, as shown on the Official Zoning map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts TABLE INSET: Abbreviated Designation Zoning District Name R-5 Country Residential R-2 Rural Residential R -I Estate Residential R-0.5 Neighborhood Residential MF Multifamily Residential LR Local Retail 0 Office Park O -H Office Park --Hotel 0-1 Office --Industrial Park PD Planned Development District Page 3 of 5 GU _ i Governmental Use (2) The Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words: "This is to certify that this is the Official Zoning Map referred to in chapter 102, article II, of the Code of Ordinances of the Town of Westlake," together with the date of adoption of the Official Zoning Map. (3) When changes are made in district boundaries or other matter portrayed on the Official Zoning Map, such changes shall be entered on the Official Zoning Map by the town secretary promptly after the amendment has been approved by the board of aldermen, and the change shall note the ordinance number and date that the change was approved. (4) No changes of any nature shall be made in the Official Zoning Map or matter shown thereon except in conformity with the procedures set forth in this chapter. Any unauthorized change of whatever kind by any person or persons shall be considered a violation of this chapter. (5) The original reproducible tracing of the Official Zoning Map shall be located in the office of the town secretary in the town hall and shall be the final authority as to the current zoning status of land and water areas, building and other structures in the town. (6) The Board of Aldermen may by resolution adopt a new Official Zoning Map should the original reproducible tracing of the Official Zoning Map be damaged, destroyed, lost or become ambiguous because of the nature or number of changes and additions. The new Official Zoning Map may correct drafting or other errors or omissions in the prior Official Zoning Map, but no other correction shall have the effect of amending the original Official Zoning Map or any subsequent amendment thereof. The new Official Zoning Map shall be identified by the signature of the mayor attested by the town secretary, under the following words: "This is to certify that this Official Zoning Map supersedes and replaces the Official Zoning Map adopted (date of adoption of Map being replaced) as a part of the Code of Ordinances of the Town of Westlake, Texas." (7) Unless the prior Official Zoning Map has been lost, or has been totally destroyed, the prior map or any significant parts thereof remaining shall be preserved, together with all available records pertaining to its adoption or amendment. (UDC 1994, art. III, § l; Ord. No. 203, § 1, 11-16-1992; Ord. No. 373, § 2, 8-14-2000; Ord. No. 426, § 2, 9-23-2002 ) SECTION 3: That the Site Plan attached hereto as Exhibit B be attached to this Ordinance and recorded in Appendix A of the Town of Westlake Code of Ordinances as an approved PD. Page 4 of 5 SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Board of Aldermen hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 5: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. SECTION 6: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not to exceed the maximum allowed by State law and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 7: This Ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON THIS DAY OF APRIL, 2007. ATTEST: Kim Sutter, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney Scott Bradley, Mayor Trent O. Petty, Town Manager Page 5 of 5