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Ord 872 Amending Ordinance 855 conditions, increasing the maximum number of Condominium Units to 150 Units from 126 Units Entrada Development TOWN OF WESTLAKE ORDINANCE NO. 872 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AMENDING ORDINANCE 855 CONDITIONS, INCREASING THE MAXIMUM NUMBER OF CONDOMINIUM UNITS TO 150 UNITS FROM 126 UNITS; PROVIDING A PENALTY; 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, 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 May 21, 2018 the Town Council approved Ordinance 855 approving a Specific Use Permit to allow for 126 condominium units located in the Entrada Plaza Mayor for a portion of Planned Development District 1, Planning Area 2 (PD1-2); and WHEREAS, On May 21, 2018 the Town Council approved Ordinance 854 approving a Site Plan for the Entrada Plaza Mayor, which includes the building(s) that contain the condominiums approved by Ordinance 855, for a portion of Planned Development District 1, Planning Area 2 (PD 1-2); and WHEREAS, On April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, The Entrada developer wishes to increase the maximum number of condominium units from 126 units to 150 units and to approve changes to the individual unit size requirements and to the distribution of bedrooms; 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 November 26, 2018, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on November 26, 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 this ordinance should be approved and adopted. Ordinance 872 Pagel of 3 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 Town Council of the Town of Westlake, Texas does hereby approve amendments to Ordinance 855 subject to the following conditions: a) The maximum number of condominium units authorized by this ordinance is 150 units; b) The size and bedroom breakdown of all condominium units approved by this ordinance shall comply with the following table: Minimum#of Bedrooms per Unit Size Total % of Unit (Minimum) Unit Size(Average) Units Total 1 BEDROOM 978 square feet 1,010 square feet 61 41% 2 BEDROOM 1,205 square feet 1,468 square feet 64 43% 3 BEDROOM 1,958 square feet 2,371 square feet 25 17% c) The condominiums approved by this ordinance may be located in more than one building but shall not exceed two buildings. The buildings containing the condominiums shall be constructed per the requirements of Ordinance 854, approving the site plan for the Plaza Mayor except that minor deviations to building footprints and locations to accommodate the increased number of units may be approved by the Town Manager or their designee; d) If a conflict exists between Exhibit A of Ordinance 855 and the provisions of this ordinance, the provisions of this ordinance shall apply; e) All requirements of Ordinance 855 shall remain in full force and effect, except where amended herein. SECTION 3: 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. Ordinance 872 Page 2 of 3 SECTION 4: 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 5: 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 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 261h DAY OF NOVEMBER 2018. ATTEST: Laufa Wheat, Mayor Of WEST ?/ Kell ;Ed ds, Town Secreta 0� . C�� ho E. r ! n ager 4 • ! APPROVED AS T RM:' rE X ps L\-Stanton L o Attorney Ordinance 872 Page 3 of 3 Star-Te1egçamC D/A Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Telegram Northeast 1 Weatherford Star-Telegram star-telegram.com 1808 Throckmorton St.I Ft Worth,Tx.78102-6315 1800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO I Amount Cols Depth 603646 0003978053 TOWN OF WESTLAKE ORDINANCE NO. 872 A $196.80 1 30.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 Before me,a Notary Public in and for ROANOKE, TX 76262 said County and State,this day personally appeared CHRISTINE TOWN OF WESTLAKE TOWN LOPEZ, Bid and Legal Coordinator ORDINANCE OF NO. TOWN872 ORDINANCE NO. 872 AN ORDINANCE ETHE OF AN ORDINANCE OF THE TOWN OF for the Star-Telegram,published by WESTLAKE, TEXAS AMENDING WESTLAKE,TEXAS AMENDING ORDINANCE 855 CONDITIONS, ORDINANCE 855 CONDITIONS, the Star-Telegram, Inc.at Fort Worth, INCREASINGO THE MAXIMUM INCREASING THE MAXIMUM in Tarrant County.Texas:and who, NUMBER 1500 CONDOMINIUMSFROM16 NUMBER OF CONDOMINIUM UNITS TO VI UNITS FROM 1 Y; UNITS TO 150 UNITS FROM 126 after being duly sworn,did depose UNITS;PROVIDING A PENALTY; UNITS;PROVIDING A PENALTY; PROVIDING A SEVERABILITYsay clipping CLAUSE; PROVIDING A SAV- PROVIDING A SEVERABILITY and that the attached cli In of INGS CLAUSE; AUTHORIZING CLAUSE; PROVIDING A SAV- PUBLICATION; AND ESTAB- INGS CLAUSE; AUTHORIZING an advertisement was published in LISHING AN EFFECTIVE DATE. PUBLICATION; AND ESTAB the above named paper on the listed SECTION 5: Any person, firm or LISHING AN EFFECTIVE DATE. corporation violating any of the SECTION 5:Any person,firm or dates: provisions or terms of this ordi- corporation violating any of the nance shall be subject to the provisions or terms of this ordi- same penalty as provided for in nance shall be subject to the the Code of Ordinances of the same penalty as provided for in Town of Westlake, and upon the Code of Ordinances of the conviction shall be punishable Town of Westlake, and upon 1 Insertion(s) by a fine not to exceed the sum conviction shall be punishable of Two Thousand Dollars by a fine not to exceed the sum ($2,000.00) for each offense. of Two Thousand Dollars Published On: Each day that a violation is per ($2,000.00) for each offense. mitted separate exist offense.. constituteD Each day that a violation is per- November 30;2018 ANAPPROVEDON THIS 526thh mitted to exist shall constitute DAY OF NOVEMBER 2018. a separate offense. PASSED AND APPROVED ON THIS 26th , DAY OF NOVEMBER 2013 I Q- N—C25 --)-6 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 3rd day of December in the year of 2018 Notary Public- Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I 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 PO Amount Cols Depth • 603646 0004003518 TOWN OF WESTLAKE ORDINANCE NO. 872 A $0.00 1 30.00 Li Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200 ROANOKE, TX 76262 Before me, a Notary Public in and for said County and State, this day personally appeared CHRISTINE TOWN OF WESTLAKE ORDINANCE NO. 872 LOPEZ, Bid and Legal Coordinator for AN ORDINANCE OF THE TOWN OF the Star-Telegram, published bythe WESTLAKE, TEXAS AMENDING ORDINANCE 855 CONDITIONS, Star-Telegram, Inc. at Fort Worth, in INCREASING THE MAXIMUM g NUMBER OF CONDOMINIUM Tarrant County,Texas; and who, after UNITS TO 150 UNITS FROM 126 UNITS;PROVIDING A PENALTY; being duly sworn, did depose and say PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- that the attached clipping of an INGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTAB- advertisement was published in the LISHING AN EFFECTIVE DATE. SECTION 5: Any person, firm or above named paper on the listed corporation violating any of the dates: provisions or terms of this ordi- nance 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 Insertion(s) ($2,000.00) for each offense. Each day that a violation is per- mitted to exist shall constitute Published On: a separate offense. PASSED AND APPROVED ON THIS 26th DAY OF NOVEMBER 2018. December 19,2018,December 20,2018 ""1141 SHERRY LYNN HOUK _Notary Public, State of Texas _�'• "• P; Comm. Expires 05-30-2022 Notary ID 131585836 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME,THIS 4th day of February in the year of 2019 (9,/u) ALINA Notary Public-!