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Ord 844 Amending Chapter 62, Planning Article III, Comprehensive Plan Implementation TOWN OF WESTLAKE ORDINANCE NO. 844 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 62, PLANNING, ARTICLE III, BY ADDING SEC. 62-58 COMPREHENSIVE PLAN IMPLEMENTATION; PROVIDING A PENALTY; PROVIDING A SAVINGS CLAUSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake is a general law Town; and WHEREAS,on Manch 2, 2015, the Town Council adopted a Comprehensive Plan(the Forging Westlake 2015 Comprehensive Plan); and WHEREAS, on March 27,2017 the Town Council adopted Section 62,Article III- Implementation of the Comprehensive Plan; and WHEREAS,Article III specifies policies, standards, and procedures related to the review and approval of zoning requests, development proposals, development plans,and construction permit plans; and WHEREAS,the rapid pace of incoming development that the Town is now experiencing makes it necessary to clearly state these policies and how they will be applied to Town growth going forward;and WHEREAS,as part of the review of new residential rezoning requests, a new section to Article III is hereby added providing clarification for information needed from a proposed developer in order to ensure development compliance with the Comprehensive Plan and other related development policies adopted by the Town; and WHEREAS,the economic development, the health, safety and welfare and the general planning will be furthered by establishment of these policies,standards, and procedures; and WHEREAS,upon 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 this amendment to the Town's Code of Ordinances should be approved and adopted;and WHEREAS,the Council believes it is in the interests of the Town,present and future residents and citizens of the Town, and developers of land within the Town are best served by adopting this Ordinance' which the Council has determined to be consistent with the Forging Westlake 2015 Comprehensive Plan and the intent of its various other plan elements; and Ordinance 844 Page 1 of 3 WHEREAS, upon the recommendation of the Planning 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 should be approved and adopted. NOW,THEREFORE,BE IT OREDAINED 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 Chapter 62, Planning, Article III, Comprehensive Plan Implementation, is hereby amended by adding the following section: Sec. 62-58. —Zoning requests involving new residential developments -plan review/development request processing. Notwithstanding any other provisions contained in Article III, the following policy shall serve as a review template to Town staff for any proposed development that meets the criteria contained specifically in this subsection. In order to more effectively analyze compliance with the comprehensive plan and ensure its effective implementation, for any rezoning request involving any zoning change to a zoning category, including PD zoning,that includes a residential use wherein the proposed zoning yields the ability to produce a higher density of residential units at or above the current zoning of the property and/or involves a rezoning from a non-residential use to a residential use, the following standards must be met upon the submittal of an application for a change of zoning: (1) The proposed zoning shall be to a PD district as defined in the zoning regulations; (2) The proposed zoning application shall, at a minimum, include the following: a. Water and sewer utility service plan that demonstrates an acceptable level of service from Town owned water utilities; b. A stormwater management and infrastructure plan; c. Traffic impact analysis and access control plan; d. Landscaping/Open space/trail plan; e. Tree mitigation plan; f. Detailed proposed design standards generally demonstrating compliance with all building standards of the Town, including the Building Quality Manual, adopted by separate resolution, along with any other adopted design policies and requirements applicable to the proposed development; g. A written analysis and demonstration of compliance with Comprehensive Plan recommendations including the housing recommendations contained in the Land Use Plan and the Housing Plan; h. A transfer of development intensity (TDI)proposal (if applicable); i. If any waivers and/or deviations from this policy,the Comprehensive Plan or the Code Ordinance 844 Page 2 of 3 of Ordinances are proposed,a detailed explanation of each waiver/deviation is required. (3) No application for a zoning change, as applicable to this policy, shall be processed for consideration until the requirements of this policy are met. 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 violating any provision of this Chapter may be issued a citation and upon conviction thereof, the person shall be deemed guilty of a misdemeanor and punished as provided in subsection 1-9 of the Code of Ordinance of the Town of Westlake. Each 24-hour period of violation, and each separate act or condition in violation of this Chapter, 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 APP, THIS 291h DAY OF JANUARY 2018. ESTI-A - ATTEST: Laura Wheat, Mayor c Kelp Edwar s,Town Secretary Thomas E. Bryme� To Manager APPROV T O L. anton Lowry, Town Attorney Ordinance 844 Page 3 of 3 Star-TelegrMaom Arlington Chlzen4ournal I The Keller Citizen I ILA Estrella Mansfield News.Minm I Star-Telegram Nartheasl I Weatherford Star4e1ayram slartali gram.com 1008 Throbkmorton aL I Pt Worth,Tx.711102�53151800.770.7027 AFFIDAVIT OF PUBLICATION r ume Atl Maraer Id.nnw'm Po rmwm ca. Dorm Now 0003514201 TOWN OF WESTLAKE ORDINANCE NO. BHA $315.12 1 1 29.00 ti Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD BLDG 4 STE 4202 Before me,a Notary Public in and for ROANOKE,TX 762627840 said County and State,this day - -- personally appeared CHRISTINE LOPEZ,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Worth,in Tartan County,Texas;and who,after being duly sworn,did depose and say that the attached dipping of an advertisement was published in the above named paper on the listed dates: TOWN OF WESTLAKE ORDINANCE NO. But AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAP- 2 Insertion(s) TER 62,PLANNING,ARTICLE III, BY ADDING SEC. 6230 COM- PREHENSIVE PLAN IMPLEMEW Published On: TATION;PROVIDING A PENAL- TY; PROVIDING A SAVINGS February07,2018,February OB, ING EFFECTIVE DA TE.CLSECTIONA4: 2018 That any cersOn violating any Provislon of MIs Chapter may be ssYea a cl tion an unx,Can- victlon thereof,the person all bedeemed g.11Hof a mistle- eanor ane Dunishetl as provltl- ed In subsectlon 1-9 of the Ca6a of Or ance or Me Town of Westlake. Each 24-0Dur Darlod of violation, an tl each separate t or contlition in violation of th ChapteL shall constitute a sepmate offense. PASSED AND AFE P PNUY2018 IS 29th t (Principal c" SUBSCRIBED AND SWORN TO BEFORE ME,THIS 8th day of February in the year of 2018 L,> Notary Public s:�It" LESLIE BUCKLEY v �s Notary Public,State of Texas `+r�, Comm. Expires 09-24-2021 °° `° Notary ID 128050260