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Ord 736 Amending Planned Development PD 1-3 reducing side yard setbacks for GranadaWHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, on February 25, 2013, the Town Council (sometimes referred to as the Council") of the Town of Westlake, Texas (the " Town"), approved the PD1 -3 Zoning District by passing Ordinance No. 693 (the "PD1 -3 Zoning District Ordinance"); and WHEREAS, the Commission and Council held public hearings upon the application of Scott Simmons, on behalf of the property owner, to amend the Development Standards of the PD1 -3 Zoning District Ordinance by reducing the Side Yard Setbacks from twenty feet to fifteen feet, after written notice of such hearing having been sent to owners of real property being within 200 feet of the property and notice being published in a newspaper of general circulation in the Town, all in accordance with law; and WHEREAS, upon the recommendation of the Planning and Zoning Commission, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the town and its citizens that the amendments to ( Exhibit " 2") of the PD1 -3 Zoning District approved by Ordinance No. 693 should be approved and adopted; YET T-1,97j!1rM14jEj SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and declared to be true and correct. SECTION 2: That the Ordinance No. 693, approving the PD 1-3 Zoning District Ordinance of the Town of Westlake, Texas, is hereby amended by this Ordinance, by amending Exhibit 2, Article III Development Standards, Section 9 Side Yard Setbacks, to read as follows: The minimum side yard shall be 15 feet. The Town Manager or his/ her designee may approve a reduction of the required setback by a maximum of five ( 5) feet to accommodate unique site conditions including the preservation of old growth trees. SECTION 3: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are Ordinance 736 Pagel of2 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 remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4: That all provisions of Ordinance 693 not hereby amended shall remain in full force and effect. SECTION 5: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SEC'T'ION 6: That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Code of Ordinances of the Town of Westlake, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand ($ 2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SEC'T'ION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. ATTEST: Kelly EdwardsTown Secretary Laura Wheat, Mayor Tom Brymer To n Manager Ordinance 736 Page of Star -Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 331557771 FORT WORTH, TX 76102 R ICE CE, 1, V LEE D Invoice Date: 9/25/2014 (817) 390-7761 Federal Tax ID 26-2674582 3 Z Terms: Net due in 21 days Due Date: 9/30/2014 Bill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Number: 33155777 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 9/24/2014 - 9/25/2014 TOWN OF WESTtAKE TOWN OF WESTLY 0901NANCF NO 75r6'80 ' 29 29 LINE $6.15 $356.48 AM N. T14E ENT, Z0141,NG P Misc Fee 3) iT 33 ORDINANtE $10.00 N9. 693, G# A I G THE DEVEL- , , TA ARDS�' 8 , RE- D :1 G THE 'SIDE YARD SET- BACKS FROM, TWENTY, FEETTO, FIFTEEN FEET; PROVIDING A � ROVIDIN,& A 1- -1 AM- Net Amount: $366.48 v �111 1: HOLLAND '1� N �D, A INE HOLLAND CHRISTY LYN Z546iSPN6iSFj)DA REP, 414 Notary Public, Slate of Texas " - fvjy Commission Expires July 31. 2016 we W THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, Bid and Legal Coordinator for the Star - Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in thenamed paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 390-7039 M - - , V) — Signed N�&� SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Se4eeA5,2014. Notary Thank You For Your Payment Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 331557771 Invoice Amount: $366.48 PO Number: Amount Enclosed: $