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Item 3b AttachmentOrdinance 780 regarding Quail HollowTOWN OF WESTLAKE ORDINANCE NO. 780 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIFIC USE PERMIT GRANTING PRIVATE STREETS, GATED ACCESS, AND OTHER CONDITIONS AS A PART OF A SPECIFIC USE PERMIT FOR THE ESTATES OF QUAIL HOLLOW, AN APPROXIMATE 188 ACRE TRACT ZONED R-1 WITH ITS GENERAL LOCATION BEING AT THE SOUTHEAST CORNER OF THE INTERSECTION OF FM 1938/DAVIS BOULEVARD AND DOVE ROAD. PROVIDING A PENALTY; 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 municipality; and WHEREAS, application was made for a Specific Use Permit (SUP) to the Planning and Zoning Commission and the Town Council for private streets, gated access to those streets and other conditions for the Estates of Quail Hollow, an approximate 188 acre tract zoned R-1 with its general location being the southeast corner of FM 1938/Davis Boulevard and Dove Road; 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; and WHEREAS, the Planning & Zoning Commission of the Town of Westlake, Texas, at a public hearing held at a regular session of the Commission on March 21, 2016, 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, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements, and after considering these factors the Commission unanimously recommended to the Town Council that this SUP be approved; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing held at a regular session of the Town Council on March 28, 2016, did also 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, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council of the Town of Westlake has determined that this request Ordinance 780 Page 1 of 3 is in conformance with the Town's Comprehensive Plan and the Preliminary Plat submitted for the Estates of Quail Hollow to be developed at the location cited above; and WHEREAS, upon the recommendation of the Planning & Zoning Commission on March 21, 2016, the Town Council of the Town of Westlake, Texas, has determined that it is in the best interests of the town and its citizens, that the Special Use Permit should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION l: 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 the Specific Use Permit (SUP) for the Estates of Quail Hollow, is hereby granted subject to the following conditions: 1. The Quail Hollow development shall be permitted to utilize private streets (built to Town standards and specifications) within the subject property and that vehicular access (all taken off of FM1938 Davis Blvd) to this development be gated. 2. The Quail Hollow development shall consist of approximately 92 residential lots, plus or minus no more than 10% of that number, and all residential lots shall comply with the existing area requirements of the underlying R-1 zoning, i.e. one (1) acre minimum residential lot size. 3. The Town shall approve all deed restrictions and design guidelines for the entire Quail Hollow residential development prior to the approval of the Quail Hollow Phase 1 Final Plat by the Town. 4. Approval by Town Staff of the Quail Hollow perimeter fencing plan shall be required prior to the commencement of each phase's construction. 5. To preserve the Dove Road/FM 1938 Davis Blvd view corridor per the Town's Comprehensive Plan and the Quail Hollow Preliminary Plat, a special side setback shall be included on Lot 4 of Quail Hollow. 6. The approximate 2.96 acre open space area as shown on the Preliminary Plat, located below the dam of the southern lake, shall be designated for public use not later than the approval of the Phase 2 Final Plat for Quail Hollow. Said open space (Lot 28 X) shall be privately owned and maintained by the home owners' association (i.e. property owners' association) for the Estates of Quail Hollow or its successor. 7. While all right-of-way dedications of perimeter roadways (Dove Road and Randol Mill Rd) are required per Town requirements, no roadway or sidewalk improvements are required to these roadways since Quail Hollow's access to them is not permitted. Ordinance 780 Page 2 of 3 8. All conditions of this SUP apply to the entire 188.28 -acre subject tract and all its phases as shown on the approved Preliminary Plat for the Estates of Quail Hollow. 9. Comply with emergency access requirements by ordinance and town staff emergency personnel. SECTION 3: 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 4: 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) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. 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 without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. 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 28th DAY OF MARCH 2016. ATTEST: Laura Wheat, Mayor Kell}1 Edws, Town Secretary Thomas E. Brymer', on Lou o. Attorney Ordinance 780 Page 3 of 3