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Ord 709 Amending Chapter 26 Community Development adding an Additional Alternate member to Planning and Zoning CommissionTOWN OF WESTLAKE ORDINANCE NO. 709 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 26, COMMUNITY DEVELOPMENT, ARTICLE II UNIFIED DEVELOPMENT CODE, DIVISION 2 AUTHORITY; ADMINISTRATIVE PROCEDURES, SEC. 26-67(A), PLANNING AND ZONING COMMISSION; PROVIDING FOR THE ADDITION OF AN "SECOND ALTERNATE MEMBER" OF THE PLANNING AND ZONING COMMISSION: PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, the Town of Westlake currently has five members on the Planning and Zoning Commission, and WHEREAS, the Town Council finds that in order to maintain predictable development scheduling, it is important that Planning and Zoning ineetings not be rescheduled due to a lack of quorum; and WHEREAS, the Town Council finds that the addition of an "alternate member" to the Planning and Zoning Commission would reduce the possibility of meetings needing to be rescheduled due to the lack of a quorum; and WHEREAS, upon the recommendation of the Planning and Development Department, 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 (Exhibit "A") to the Code of Ordinances should be approved and adopted. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: All matters stated in the Recitals above are found to be true and correct and are incorporated herein by reference as if copied in their entirety. SECTION 2: That Chapter 26, "Community Development" Article II "Unified Development Code" Division 2 Authority; Administrative Procedures, Sections 26-67 of the Town of Westlake Code of Ordinances, as amended, is hereby amended to read as follows: Sec. 26-67. - Planning and zoning commission. Ordinance 709 Page 1 of 3 (a) Creation and membership. There is hereby created a planning and zoning commission for the town consisting of five regular members, each to be appointed by the Town Council for a term of two years and removable for cause. The terms of three members shall expire in odd -numbered years, and the terms of two members shall expire in even -numbered years. Each member shall continue to serve until their successors are appointed and qualified. In addition to the five regular members, two alternate members, First Alternate and Second Alternate, shall be appointed by the Town Council for terms of two years. The alternate members shall only vote in the absence of a regular member(s) or in place of a regular member(s) that has abstained. Priority shall be given to the first alternate. (b) Powers and duties. The planning and zoning commission shall have the following powers and duties: (1) To serve as an advisory body to the Town Council concerning adoption of or amendments to the zoning regulations and zoning map and to make recommendations thereon; (2) To advise the council and make recommendations concerning adoption of, or amendments to the town's Comprehensive Plan, Thoroughfare Plan, and Open Space Plan and implementation thereof, (3) To oversee the town's regulations governing the platting and recording of subdivisions, including matters pertaining to the dedication of public facilities, and to advise the board on matters pertaining to public improvements, traffic, utility extensions and the provision of public facilities and services, in order to implement the town's Comprehensive Plan; (4) To undertake such actions as are necessary to exercise its delegated powers, as indicated by adopted ordinance; (5) To approve certain matters relating to platting and recording of subdivisions as dictated by the town's ordinances and the UDC; (6) To select a planning and zoning commission chair; (7) To call public hearings to initiate zoning changes. SECTION 3: That all provisions of the Westlake Code of Ordinances not hereby amended shall remain in full force and effect. SECTION 4: 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. SECTION 5: 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 severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity 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 Council of the Town of Westlake, Texas, without the incorporation in this Ordinance, of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. Ordinance 709 Page 2 of 3 SECTION 6: This Ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 16TH DAY OF SEPTEMBER, 2013. ATTEST: �-�Uu,��ntjj4kjQ, Kelly dwar , Town Secretary APPROVED AS TO FORM: Lai;rAVbeat, Mayor el &?Xx'4S Tom Brymer, Town M ager Ordinance 709 Page 3 of 3