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Ord 903 Amending Ord 865 Solana Fountain Plaza TOWN OF WESTLAKE ORDINANCE NO. 903 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 PD 1 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areas known as PD 1-1, PD 1-2 and PD 1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a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 903 Page 1 of 3 WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767, which amended certain PD 1-1 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 PD 1-1 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 PDl-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, on January 28, 2019, The Town Council of the Town of Westlake, Texas approved Ordinance 876, which amended Ordinance 865 by approving 35 previously omitted surface parking spaces subject to certain landscaping requirements; and WHEREAS, the property owner has submitted an application seeking to amend Ordinance 865 in order make changes and alterations to the existing small fountain plaza on Lot 4, Block 2, Westlake/Southlake Park Addition Number One as part of the improvements authorized by Ordinance 865; and WHEREAS, following provision of proper legal notice, including written notice to owners within the PD 1-1 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 December 16, 2019, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on December 9, 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 amendment to Ordinance 865 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. Ordinance 903 Page 2 of 3 SECTION 2: That Ordinance 865 of the Town of Westlake, Texas be amended in order to make changes and alterations to the existing small fountain plaza on Lot 4, Block 2, Westlake/Southlake Park Addition Number One subject to the following conditions: 1. All changes and alterations authorized by this Ordinance shall be in accordance with Exhibit "A". 2. All other provisions of Ordinance 865 and Ordinance 876 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 16th DAY OF DECEMBER 2019. ATTEST: Laura Wheat, Mayor a "—ite14 4, 411 T a Morris, ssistant to the Town Secretary Amanda DeGan, Town Manager APPROVED AS TO FORM: yY L. Stanton Lowry, Town Attorney Ol Ordinance 903 Page 3 of 3