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Ord 876 Amending Ordinance 865 by approving 35 additional parking spaces PD-1 Westlake Southlake Park Addition TOWN OF WESTLAKE ORDINANCE NO. 876 AN ORDINANCE AMENDING ORDINANCE 865; APPROVING A SITE PLAN AMENDMENT FOR LOTS 3 AND 4, BLOCK 2, WESTLAKE/SOUTHLAKE PARK ADDITION NUMBER ONE; 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planning areas known as PD1-1, PD1-2 and PD1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a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 876 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, on August 27, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 862, which amended Ordinance 202 by repealing Ordinance 529; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, on September 24, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 865, which amended Ordinance 202 by approving a site plan amendment to construct additional surface parking on Lots 3 and 4, Block 2, Westlake/Southlake Park Addition Number One; and WHEREAS, the property owner has submitted an application seeking to amend Ordinance 865 in order to add 35, previously omitted, parking spaces to the approved site plan; 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 January 28, 2019, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on January 14, 2019, 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 comprehensive site plan amendment be approved. 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 865 of the Town of Westlake, Texas be amended by approving 35 additional parking spaces to the approved site plan subject to the following conditions: 1. Section 2(7) of Ordinance 865 is hereby repealed, thereby providing for installation of the parking originally omitted in said section. Ordinance 876 Page 2 of 3 . . Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen 1 La Estrella Mansfield News-Mirror I Star-Telegram North 1 I Weatherford Star-Telegran star-telegram.com 1808 Throckmorton St.1 Ft Worth,Tx.76102.63151800.776.7827 AFFIDAVIT OF PUBLICATION Account# Ad Number Identification PO 1 Amount Cols Depth 603646 0004072379 TOWN OF WESTLAKE ORDINANCE NO.876 At ORD NO 879 5354.36 1 28.00 Li Attention: KELLY EDWARDS 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.876 LOPEZ, Bid and Legal Coordinator AN ORDINANCE AMENDING ORDI- for the Star-Telegram, published by NANCE 865; APPROVING A TOWN OF WESTLAKE SITE PLAN AMENDMENT FOR ORDINANCE NO.876 the Star-Telegram. Inc. at Fort Worth. LOTS 3 AND 4, BLOCK 2, AN ORDINANCE AMENDING ORDI- WESTLAKE/SOUTHLAKE PARK NANCE 865; APPROVING A in Tarrant County,Texas; and who, ADDITION NUMBER ONE; PRO- SITE PLAN AMENDMENT FOR VIDING FOR A SEVERABILITY LOTS 3 AND 4, BLOCK 2, after being duly sworn, did depose CLAUSE; CLAUSE;ROVIDING FOR A WESTLAKE/SOUTHLAKE PARK and saythat the attached clipping of SAVINGS PROVIDING PP 9 FOR A PENALTY CLAUSE; AND ADDITION NUMBER ONE; PRO- PROVIDING FOR AN EFFECTIVE VIDING FOR A SEVERABILITY an advertisement was published in DATE. SECTION 5: It shall be CLAUSE; PROVIDING FOR A unlawful for any person to vio- SAVINGS CLAUSE; PROVIDING the above named paper on the listed late any provision of this Ordi- FOR A PENALTY CLAUSE; AND dates: nance, and any person violating PROVIDING FOR AN EFFECTIVE or failing to comply with any DATE. SECTION 5: It shall be provision hereof shall be fined, unlawful for any person to vio- upon conviction, in an amount late any provision of this Ordi- not more than Two Thousand nance,and any person violating Dollars ($2,000) and a separate or failing to comply with any offense shall be deemed corn- provision hereof shall be fined, 2 Insertion(s) mitted each day during or on upon conviction, in an amount which a violation occurs or con- not more than Two Thousand Published On: tinues. PASSED AND AP- Dollars ($2,000) and a separate PROVED ON THIS 28th DAY OF offense shall be deemed corn- JANUARY 2019. mitted each day during or on February 06,2019,February 07, which a violation occurs or con- 2019 tinues. PASSED AND AP- PROVED ON THIS 28th DAY OF JANUARY 2019. I ill (......._\__Qs,.....1pc--26 (Principal Clerk) SUBSCRIBED AND SWORN TO BEFORE ME, THIS 7th day of February in the year of 2019 0 : ) i 1 lie Notary Public- y ;e"`•'• : LIZBETHAILEEN CORDERO : € -J.--J.—•,' My Notary ID#131868068 `>s• <4*" Expires January 25,2023 2. Said 35 parking spaces added per this ordinance shall be located and constructed as shown on Exhibits A and B of Ordinance 865. 3. All landscaping to be located in the island between said additional parking approved by this ordinance and the existing drive aisle to the south shall be consistent with Exhibit A. 4. All other provisions of Ordinance 865 shall remain in full force and effect, except where amended herein. 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. 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 28th DAY OF JANUARY 2019. VAJJ,), ATTEST: Laura Wheat, Mayor WILL ' s ., ,/.ILS /_.�/�_/, Kell Edw.�., Town Secretary r y-j-1 Thomas E lry own anager •of APP E A TO ORM; : Linton Lwn Atto ey . ,I` Ordinance 876 Page 3 of 3 Ordinance 876 Ordinance 876 Star-Telegram MEDIA Arlington Citizen-Journal I The Keller Citizen I La Estrella Mansfield News-Mirror I Star-Tel- ram Northeast I Weatherford Star-Telegram star•telegram.com 1808 Throckmorton St.I Ft Worth,Tx.761026315 1800.776.7827 AFFIDAVIT OF PUBLICATION PO Amount Cols Depth Account# Ad Number Identification ( } 603646 i 0004072379 TOWN OF WESTLAKE ORDINANCE NO.876 Al I ORD NO 879 I 5354.36 1 28.00 Li 1 I Attention: KELLY EDWARDS THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1500 SOLANA BLVD 7TH FLR BULD 7200mi Before me. a Notary Public in and for ROANOKE, TX 76262 said County and State,this day personally appeared CHRISTINE TOWN OF WESTLAKE ORDINANCE NO.876 LOPEZ, Bid and Legal Coordinator AN ORDINANCE AMENDING ORDI- NANCE 865; APPROVING A TOWN OF WESTLAKE SITE PLAN AMENDMENT FOR ORDINANCE NO.876 the Star-Telegram. Inc. at Fort Worth. LOTS 3 AND 4, BLOCK 2, AN ORDINANCE AMENDING ORDI- WESTLAKE/SOUTHLAKE in Tarrant County,Texas; and who, PARK NANCE 865; APPROVING A ADDITION NUMBER ONE; PRO- SITE PLAN AMENDMENT FOR after being duly sworn. did depose VIDING FOR A INGFOR SEVERABILITY LOTS 3 AND 4, BLOCK 2, CLAUSE; CLAUSE;ROVIDING A WESTLAKE/SOUTHLAKE PARK and say that the attached clipping of SAVINGSFPROVIDING ADDITION NUMBER ONE; PRO- PROVIDINGRO APEG FOR AN EFFECTIVEFE; AND VIDING FOR A SEVERABILITY an advertisement was published in DATE. FOR CLAUSE; PROVIDING FOR A w SECTION e It tooll be SAVINGS CLAUSE; PROVIDING the above named paper on the listed unlawful for any person via- FOR A PENALTY CLAUSE; AND late any and anyipn personof violating Ordi- PROVIDING FOR AN EFFECTIVE dates: nance, or failing to comply with any DATE. SECTION 5: It shall be provision hereof shall be fined, unlawful for any person to vio- upon conviction, in an amount late any provision of this Ordi- not more than Two Thousand nance, and any person violating • Dollars ($2,000) and a separate or failing to comply with any 2 Insertion(s) offense shall be deemed corn- provision hereof shall be fined, mitted each day during or on upon conviction, In an amount which a violation occurs or con- not more than Two Thousand Published On: tinues. PASSED AND AP- Dollars ($2,000) and a separate PROVED ON THIS 28th DAY OF offense shall be deemed cornFebruary 06,2019,February 07, JANUARY 2019. mitted each day during or on which a violation occurs or con- 2019 tinues. PASSED AND AP- PROVED ON THIS 28th DAY OF JANUARY 2019. 101 (Principal Clerk) • SUBSCRIBED AND SWORN TO BEFORE ME. THIS 7th day of February in the year of 2019 1 1 , , -d y4._ .0- , Notary Public- i,gg"`75t:; LIZBETHAILEEN CORDERO ' IV. i,\ :• My Notary ID#131868068 ' 1,,1,s•of.V Expires January 25,2023