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Ord 768 PD Supplemental section Chapter 3 Section 3-61ORDINANCE NO. 768 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING PLANNED DEVELOPMENT ORDINANCE SUPPLEMENT 1, CHAPTER 3, SECTION 3-61 “DENSITY,” PROVIDING FOR INTERPRETATION, PURPOSE AND CONFLICT; PROVIDING A SEVERABLITY CLAUSE; PROVIDING A PENALTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; including the Texas Open Meetings Act and the requirements of Texas Local Government Code chapter 211; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air; facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, having received the recommendation of the Planning & Zoning Committee, the Town Council of the Town of Westlake, Texas is of the opinion that it is in the best interest of the town and its citizens that the amendments should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That 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 Section 3-61 of the Town of Westlake Planned Development Supplement Ordinance Chapter 3 Section 3-61 is hereby amended by repealing the current section 3-61 and replacing it with section 3-61 to read as follows: Section 3-61 Density (1) Office. The maximum building square footage for the office use shall be 1,014,000 square feet. (2) Resort hotel. The maximum building square footage for the resort hotel use shall be 350,000 square feet. SECTION 3: That all provisions of Ordinance 600 not hereby amended shall remain in full force and effect. Ordinance 768 Page 1 of 2 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: 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 Dollars ($2,000.00) or Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 6: 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 without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS _____ DAY OF __________ 2016. ____________________________ ATTEST: Laura Wheat, Mayor ____________________________ ______________________________ Kelly Edwards, Town Secretary Thomas E. Brymer, Town Manager APPROVED AS TO FORM: ____________________________ L. Stanton Lowry, Town Attorney Ordinance 768 Page 2 of 2