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Ord 852 Amending Ordinance 703 Planned Development PD 1-2 Entrada TOWN OF WESTLAKE ORDINANCE NO. 852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 703 WHICH APPROVED PLANNED DEVELOPMENT ZONING DISTRICT 1-2 (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULEVARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; 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, Ordinance 703 established Planned Development District 1-2 (PD 1-2), commonly known as Westlake Entrada, an approximately 85.9 acre tract generally located between Davis Boulevard, Solana Boulevard and State Highway 114; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 16, 2018 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 703 contained herein; and WHEREAS,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property, published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on April 30, 2018 by the Town Council; and WHEREAS, the Council believes that the interests of the Town, the 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 2015 Comprehensive Plan and its Land Use Map, Thoroughfare Plan, and Open Space Plan, all as amended to date; and WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, 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 these amendments to Ordinance 703 should be approved and adopted. Ordinance 852 Page 1 of 4 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 the following amendments to Ordinance 703 are hereby authorized: Section 3. 1: Pace of Residential Use Development within PD1 -2: 3. 1. 1 First Year of Active Development: Developer is entitled to ten (10) residential units initially. After the initial ten (10) units, Developer is entitled to units eleven (11) through (30) after 45,000 non-residential air conditioned square footage is permitted. "First year of active development" is defined as beginning on the date of the issuance of the first vertical building permit for PD1 Planning Area 2 (PD1-2). 3. 1. 2 Second year of active development shall not exceed an additional sixty (60) units. Third year of active development shall not exceed and additional eighty (80) residential units. Year four of active development and subsequent will be based upon the 1500: 1 ratio. From Residential Unit 31 forward, Developer must demonstrate to the Westlake Building Official that the 45,000 air-conditioned square feet of non-residential building space (as set out in 3. 1. 1) is substantially completed such that the building foundations are completed, inspected and approved, and that for Residential Unit 31 forward, Developer must also demonstrate to the Westlake Building Official that a ratio of 1, 500 sq. ft of nonresidential use building space has been permitted for each additional Residential Unit permitted. 3. 1. 3 Developer is to maintain a database illustrating conformance to this requirement to the Westlake Building Official and include an up-to-date report with each new Residential Unit building permit application. Non-residential use buildings must be substantially outwardly completed within six -months of being included in the 1500: 1 ratio, which is 1500 square feet of non-residential to each Residential Unit calculations. Section 5.3 PD Site Plans A PD site plan is mandatory and is the final step of the PD development process. The purposes of a PD site plan are to ensure that the development of individual building lots, parcels, or tracts within the PD district are consistent with the approved concept plan and development plan, if any, and to ensure that the standards applicable within the PD district are met for each such lot, parcel or tract. A PD site plan shall continue to be valid for a period of four years after it is approved by the Commission; however, such period may be extended by the Council a PD site plan shall terminate at the end of such four-year period (or Ordinance 852 Page 2 of 4 extended period if approved by the council) unless, within such period, a preliminary plat has been filed with the Town for all of the land covered by such PD site plan. If a PD site plan terminates, development of the land covered by the terminated plan cannot occur until a new PD site plan has been approved for the land as provided by this article. Variances to the regulations contained in this PD ordinance, may be approved by the Town Council via a Site Plan approval if the Site Plan approval process adheres to the same notification and public hearingprocess that a zoning change is required to adhere to by State law. Site Approval Exceptions: Legislative approval of a site plan shall not be required for the following site plans: a. Single-family residential homes; b. Small non-residential buildings where the building footprint does not exceed S,000 square feet of gross floor area. Site plans that qualify for the exceptions noted above shall only require administrative approval by the Town Manager or designee. In reviewing said site plans, the Town Manager or designee may, in any instance, defer the consideration and approval of said site plan to the Town Council upon the recommendation of the Planning and Zoning Commission. Likewise, in the event that a site plan is denied by the Town Manager or designee, then the applicant may appeal said decision to the Town Council upon the recommendation of the Planning and Zoning Commission. Providing for the exception provision above, all site plans plan submissions shall otherwise meet the requirements of this ordinance and other pertinent Town regulations. In the event that an ordinance provision contained in Ordinance 703, or another regulation adopted by the Town Council, conflicts this exemption provision, this exemption provision shall supersede said conflicting provision. 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. Ordinance 852 Page 3 of 4 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 30th DAY OF APRIL 2018. ATTEST: Laura Wheat, Mayor KeO Edwards, Town Secretary Thomas E. Ary (Ywn Manager APPRO D-S O F 'RM: - vqEST� ton L Attorney 7 E Ordinance 852 Page 4 of 4 Star-Thiegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror 1 Star-Telegram Northeast I Weatherford Star-Telegram star-telegram,com 1808 Throckmorton St.I Ft Worth,Tx.76102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification WESTLAKE PO Amount Cols Depth 603646 0003645791 TOWN OF ORDINANCE NO.852 Al 5448.44 1 37.00 Li 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 762627940 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 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: TOWN OF WESTLAKE ORDINANCE NO.852 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMEND- 2 Insertion(s) ING ORDINANCE 703 WHICH APPROVED PLANNED DEVEL- OPMENT ZONING DISTRICT 1-2 Published On: (PD 1-2), AN APPROXIMATELY 85.9 ACRE TRACT GENERALLY May 04,2018,May 05,2018 LOCATED BETWEEN DAVIS BOULEVARD, SOLANA BOULE- VARD AND STATE HIGHWAY 114, COMMONLY KNOWN AS ENTRADA; PROVIDING A PEN- ALTY; PROVIDING A CUMULA- TIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PRO- VIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFEC- TIVE DATE. 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 ...o - shall be punishable by a fine not i to exceed the sum of Two Thou- - sand Dollars ($2,000.00) for (Principal Clerk) each offense. Each day that a violation is permitted to exist shall constitute a separate of- SUBSCRIBED AND SWORN TO Tense. PASSED AND AP- Ii-ROVi=D ON THIS 30th DAY Or BEFORE ME. THIS 11th day of APRIL 2018. May in the year of 2018 Notary Public-Deborah Bay or 511117/ • _. PY�' • DEBORAH JEAN BAYLOR • Notary Public, a Comm. ExpiresSt10-29.2019 tecfTexas • NOiary ID' C 13042344-2 StarmeN. Arlington Citizen -Journal I the Keller Citizen I La Estrella Mansfield News -Mirror I Star -Telegram Northeast I Weatherford Star -Telegram 5"r4>101e9r81104=m 1808 Throakmorton 8L I Ft Worlb, TX 78102.83161800.778.7827 AFFIDAVIT OF PUBLICATION 603946 J 0003645791 I TOWN OF WESTLAKE ORDINANCE NO. 852 Ai Attention: TOWN OF WESTLAKE 1301 SOLANA BLVD BLDG 4 STE 4202 ROANOKE, TX 762627940 A 1448.441 1 137.00 U THE STATE OF TEXAS County of Tarrant Before me, a Notary Public in and for 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 Tarrant County, Texas; and who, after being duly swom, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: 2 Insertior>(s) Published On: May 04, 2018, May 05, 2018 �r 1015 . ...... ~ 171 SUBSCRIBED AND SWORN TO BEFORE ME, THIS 11th day of May in the year of 2018 Notary Public - Deborah Bay r %'%W111, DEBORAH JEAN SAYLOR .= Notary Public, State of Texas ye Comm. Expires 10-29-2019 �n„.a`� NotaryID ]3042344-2