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Ord 862 Amending Ordinance 202 by repealing Ordinance 529 regarding Planned Development PD-1 TOWN OF WESTLAKE ORDINANCE NO. 862 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; REPEALING ORDINANCE 529 WHICH APPROVED A COMPREHENSIVE PD SITE PLAN AMENDMENT FOR THE PD1-1 ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law municipality; 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, on November 16, 1992 the Town Council of the Town of Westlake, Texas approved Ordinance 202 establishing the PD1 zoning district; and WHEREAS, Section 5 of Ordinance 202 states that "any development within PD1 not materially in accordance with the Site Plans [adopted by Ordinance 202] will require the submission and approval of a new comprehensive site plan for such additional or substantially changed development..."; and WHEREAS, Section 5 of Ordinance 202 further states that "any requirement of a concept plan shall be deemed satisfied by the Site Plans.; and WHEREAS, on August 27, 2007, the Town Council of the Town of Westlake, Texas approved Ordinance 529, which amended Ordinance 202 by approving a comprehensive site plan amendment to allow for two additional buildings; and WHEREAS, on March 10, 2008, The Town Council of the Town of Westlake, Texas approved Ordinance 588, which amended Ordinance 202 and approved various amendments to development provisions; and WHEREAS, on January 7, 2013, The Town Council of the Town of Westlake, Texas approved Ordinance 691, which amended Ordinance 202 and approved the partition of PD1 into three separate planning areas known as PD1-1, PD1-2 and PD1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a comprehensive site plan amendment; and Ordinance 862 Page 1 of 3 WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767, which amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, on March 28, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 774, which further amended certain PD1-1 development regulations and amended Ordinance 691; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, the property owner has petitioned the Town Council seeking to repeal Ordinance 529, which only amended Ordinance 202, and states that they have no intention to construct the buildings approved by Ordinance 529; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD1-1 zoning district and 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 August 27, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on August 13, 2018, 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 Ordinance 529 be repealed. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be amended by repealing Ordinance 529. SECTION 3: Sections, paragraphs, sentences, phrases, clauses and words of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in this Ordinance or application thereof to any person or circumstance is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the Town Council hereby declares that it would have passed such remaining portions of this Ordinance despite such invalidity, which remaining portions shall remain in full force and effect. SECTION 4: This Ordinance shall be cumulative of all other ordinances of the Town affecting the regulations of land and zoning and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those Ordinances are in direct conflict with the provisions of this Ordinance. Ordinance 862 Page 2 of 3 SECTION 5: It shall be unlawful for any person to violate any provision of this Ordinance, and any person violating or failing to comply with any provision hereof shall be fined, upon conviction, in an amount not more than Two Thousand Dollars ($2,000) and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. 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 27th DAY OF AUGUST 2018. ATTEST: Laura Wheat, Mayor 4trat .DILIJ33.111 477.e' 6254 Kell Edw s, Town Secretary Thomas E. Brymer n Manager +t4V yr/ O ,,,,I 0r0��EST�� APPROV; r S TO FO' . i, O . .. F- . . AP Aire 4( 6 • • Winton L ', o • Attorney= ••••••• rt". Ordinance 862 Page 3 of 3 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella ,• -_ . - -r - ram Northeast!Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.76102-63151800.776.7827 AFFIDAVIT OF PUBLICATION Account p Ad Number Identification PO Amount Cols Depth 603646 0003831699 TOWN OF WESTLAKE ORDINANCE NO.862 At ORD NO 862 $378.60 1 30.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD Before me,a Notary Public in and for BLDG 4 STE 4202 said County and State,this day ROANOKE,TX 762627940 personally appeared CHRISTINE TOWN OF WESTLAKE TOWN OF WESTLAKE LOPEZ, Bid and Legal Coordinator ORDINANCE NO.862 ORDINANCE NO.862 AN ORDINANCE AMENDING ORDI- AN ORDINANCE AMENDING ORDI- for the Star-Telegram, published by NANCE 202, AS AMENDED; i NANCE 202, AS AMENDED; REPEALING ORDINANCE 529 REPEALING ORDINANCE 529 the Star-Telegram, Inc. at Fort Worth, WHICH APPROVED A COMPRE- j WHICH APPROVED A COMPRE- HENSIVE PD SITE PLAN HENSIVE PD SITE PLAN in Tarrant County,Texas;and who, AMENDMENT FOR THE PD1-1 AMENDMENT FOR THE PD1-1 after beingdulysworn,did depose ZONING DISTRICT; PROVIDING ZONING DISTRICT; PROVIDING FOR A SEVERABILITY CLAUSE; FOR A SEVERABILITY CLAUSE; and say that the attached clipping of PPROVIDING FOR A SAVINGS PROVIDING FOR A SAVINGS CLAUSE; RAUIDING FOR A CLAUSE; PROVIDING FOR A an advertisement was published in PEENALTY CLAUSE; AND PRO- PENALTY CLAUSE; AND PRO- DFOR AN EFFECTIVE VIDING FOR AN EFFECTIVE the above named paper on the listed DAATE.TE. DATE. SECTION person shall bea unlawful for SECTION 5:It shall be unlawful for dates: any to violate any and anyovi- any person to violate any provi- person of this Ordinance to sion of this Ordinance, and any cmplviolating or sailing here- person violating or failing to fmply with any provisionp of shall be fined, upon convic- comply with any provision here- tion, in an amount not more of shall be fined, upon convic- than Two Thousand Dollars tion, in an amount not more 2 Insertion(s) ($2,000) and a separate offense than Two Thousand Dollars shall be deemed committed ($2,000)and a separate offense Published On: each day during or on which a shall be deemed committed violation occurs or continues. each day during or on which a PASSED AND APPROVED ON violation occurs or continues. August 31,2018,September 01, THIS 27th DAY OF AUGUST PASSED AND APPROVED ON 2018 2018. THIS 27th DAY OF AUGUST 2018. _N—QICC''--)-6 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 13th day of September in the year of 2018 t.! 4_ ADo-C ?- Notary Public-Deborah Bay or