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Ord 677 Amending Chapter 102 Regulation applicable to Government Use ZoningTOWN OF WESTLAKE ORDINANCE NO. 677 AN ORDINANCE OF THE TOWN OF WESTLAKE AMENDING CHAPTER 102 OF THE CODE OF ORDINANCES, TITLED "ZONING", BY AMENDING SECTIONS 102- 65, 102-124, AND 102-314; AMENDING THE REGULATION APPLICABLE TO THE GU ZONING DISTRICT; PROVIDING A PENALTY CLAUSE; 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 Council of the Town of Westlake finds it to be in the best interest of the Town and its citizens to allow the Town Council to have greater discretion regarding the development of GU zoned property; 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 (Exhibit "A") to the Westlake Code of Ordinances 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 Chapter "102", Article III, "ZONING", Sections 102-65, 102-124, and 102-314 of the Town of Westlake Code of Ordinances, as amended, is hereby amended as shown on attached Exhibit A, which is incorporated for all purposes. SECTION 4: That all provisions of Ordinance 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other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 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 Five Hundred ($500.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Ordinance 677 Page 1 of 6 SECTION 7: 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 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 27" DAY OF FEBRUARY 2012. ATTEST: Kelly Edwar s, Town Secretary �� Laura Wheat, Mayor Nomas E. B T n Manager Ordinance 677 Page 2 of 6 EXHIBIT A Chapter 102 ZONING ARTICLE III. PERMISSABLE USES DIVISION 1.- GENERALLY See. 102-65. — Temporary structures A temporary structure may be used for a limited period of time. It may be manufactured on site or off site, but is temporary in nature, and only used until a permanent structure can be constructed or refurbished. All temporary structures shall be required to comply with the following: 1) Permits. No temporary structure may be constructed on site, or brought on site until a building permit for its construction and siting has been issued. 2) Time limit. The time limit for all temporary structures, other than those located in the GU zoning district, shall be 90 days; except for on-site construction offices which shall be limited to the time required for the actual on-site construction of the structure or facility, or one year, whichever is less. Any further extension shall require Town Council approval. 3) GU (Government Use) zoning district. Temporary structures constructed or sited in the GU zoning district shall comply with the time limits established by the Town Council. The Town Council shall approve the locations of and the exterior designs of any temporary structures placed in GU zoning districts. The setbacks and building articulation requirements contained in this chapter shall not apply to temporary structures in GU zoning districts. Article IV. — DISTRICT DEVELOPMENT STANDARDS Sec. 102-124. - District development standards. a) District development standards chart. (1) (2) The district development chart in Figure 2 sets out standards for density, minimum building area, building height, minimum setbacks from property lines, required landscaping, requirement for site plan approval, and requirement for submission of a development schedule. Front yard setbacks are required in all instances where a property line abuts a street right-of-way. Ordinance 677 Page 3 of 6 (3) The chart shall establish the minimum requirements for these elements except as otherwise provided in this article. FIGURE 2 WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. Ordinance 677 Page 4 of 6 District Density Minimum Height *Lot Minimum Setbacks Required Requires Principal Width Landscaping Site Plan Building Bldg. Area Li ne Mini- u/a, Front Rear Side Side mum FAR Paving Lot Size R-5 Country 217,800 1 u/a 2,000 2.5 200 50 50 30 Residential (5 s.f. s.f. bldg. st/35' ac.) min. R-2 Rural 87,120 1 u/a 2,000 2.5 150 50 50 25 Residential (2 s.f. s.f. bldg. st/35' ac.) min. R-1 Estate 43,560 1 u/a 1,800 2.5 125 40 40 20 Residential (1 s.f. s.f. bldg. st/35' ac.) min. R- Neighborhood 21,780 1 u/a 1,500 2.5 100 35 35 15 0.5 Residential s.f. s.f. bldg. s.t./35' (.5 ac.) min. RA Residential 43,560 1 u/a 1,800 2.5 125 40 40 20 Airpark s.f. s.f. bldg st/35' min MF Multifamily 200,00012 1,000 2.5 200 40* 40* 20* 20%1 Yes s.f. s.f. avg. s.t./35' 250 O.S/U LR Local Retail 40,000 0.20:1 2,000 2.5 200 50* 50* 0 or 20% Yes s.f. s.f. st/35' 4* 0 Office Park 200,000 0.25:1 3,000 2 200 100* 100* 75* 20% Yes s.f. s.f. st/35' 0-1 Office- 200,000 0.30:1 3,000 3 175 75* 50* 50* 15% Yes Light s.f. s.f. st/50' Industrial Park **PD Planned 200,000 Development s.f. GU Governmental No min. 0.25:1 No min. 3/50' 200 50 50 25 10 20%*** No Use *** *** *** *** *** *** *** * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. Ordinance 677 Page 4 of 6 * * * As approved by Town Council. (b) Maximum building height. (1) (2) All districts. The height limit for all structures shall be as established in the districts governing the property on which the structures are located. However, the maximum height may be increased up to 700 feet above mean sea level by the Town Council as part of site plan approval, unless otherwise limited by a planned development district. Building height and setbackfor commercial districts. a. b. C. d. Roadway slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from the nearest roadway right-of-way line at a 2:1 slope directly into the subject commercial property, as shown in Figure 3 (e.g., a 100 -foot high building must be set back 200 feet from the right-of-way line). Residential slope. In addition to the building setback line, no building in a commercial district may exceed the height of a line drawn from a residential property line in a residential district, at a 5:1 slope directly into the subject commercial property as shown in Figure 3 (e.g., a 100 -foot building must be set back 500 feet from the residential property line). Changes in grade. Notwithstanding the slopes noted in subsections (b)(2)a. and b. of this section, if the slope of the ground rises or falls from the point of origin of the slope line, the actual building height may be greater or lesser by the difference in grade. Exceptions. The following features may be constructed 12 feet higher than the maximum height requirement of the zoning district in which the structure is located: 1. Chimneys, church spires, elevator shafts, and similar appendages not intended as places of occupancy or storage. 2. Flag poles and similar devices. 3. Heating and air conditioning equipment, solar collectors and similar equipment, fixtures, and devices. Ordinance 677 Page 5 of 6 4. Provided that they are: (i) not more than one-third of the total roof area; and (ii) set back from the edge of the roof a minimum distance of two feet for every foot by which such features extend above the roof surface of the building to which they are attached. Article VIII. — ZONING RELATED APPLICATIONS Sec. 102-314. — Required Site Plan (not PD) a) Applicability. Site Plans are required for all developments except individual single- family lots and GU zoned property. Development of GU zoned property must be approved by Town Council. Required Site Plans shall be accompanied by a proposed development schedule. No development may occur, or building permit be approved on a site which does not conform to the approved Site Plan. Site Plans shall be approved by the Town Council, upon recommendation by the Planning and Zoning Commission, and shall be considered part of the zoning requirements for that site. A change to the Site Plan shall be considered a change in zoning. Remainder of this section to remain unchanged. Ordinance 677 Page 6 of 6 AI 14 ♦ V JL %_ BJ Star -Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 320387601 FORT WORTH, TX 76102 IriVoice Date: 4/212012 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 4130/2012 Dill To: PO Number: TOWN OF WESTLAKE Order Number: 32038760 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 4y/112012 -4/2/2012 .w 's■ Ygq s y T, ®Rep1�iA Si 6 'ems KtG 4. VMITgf '�' 111V {.6�t MIT .., TOWN OF WESTLAKE ORDINANCE NO. I3580 1 31 31 LINE $3.37 $208.65 Sales Misc THE STATE OF TEXAS County of Tarrant ($134.95) $10.00 $83.70 V Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, 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 the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 V k SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, April Notary Publ 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: 320387601 Invoice Amount: $83.70 PO Number: Amount Enclosed: