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Ord 918 Amending Ord. 720 and 830 for the Entrada Development PlanTOWN OF WESTLAKE ORDINANCE NO. 918 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 720, WHICH APPROVED THE DEVELOPMENT PLAN FOR PLANNED DEVELOPMENT ZONING DISTRICT (PD 1-2), COMMONLY KNOWN AS ENTRADA, LOCATED NORTH OF SOLANA BLVD., EAST OF DAVIS BLVD., AND SOUTH OF STATE HIGHWAY 114; AND AMENDING ORDINANCE 830, WHICH AMENDED ORDINANCE 720; 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 720 approved the Development Plan for Planned Development District 1-2 (PD 1-2), an approximately 85 acre tract land, located north of Solana Boulevard, east of Davis Boulevard, and south of Highway 114; and WHEREAS, On June 19, 2017, The Town Council approved Ordinance 830, which amended Ordinance 720 by amending only the Phase Two portion of the Development Plan; and WHEREAS, the developer seeks to further amend the development plan by replacing the previously approved plans in Ordinances 720 and 830 with a new plan that provides for additional graphics, tables, legends and that also include site plans and other changes that were approved by the Town Council subsequent to the Ordinance 720 approval date of October 28, 2013; 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 October 12, 2020 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of the amendments to Ordinance 720 and 830 included herein and shown in the attached Exhibit "A"; 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 October 26, 2020 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 Ordinance 918 Page 1 of 4 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 720 and 830, included herein and shown in attached Exhibit "A", should be approved and adopted. 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 720 and 830 are hereby authorized: A. That Ordinance 720, is hereby amended to replace Exhibit B with the attached Exhibit "A"; B. That Ordinance 830, Exhibit A is hereby amended and replaced with the attached Exhibit "A"; C. That all other provisions of Ordinances 720 and 830 not in conflict with Exhibit "A" shall remain in full force and effect; D. In the event of a conflict between this ordinance and Ordinance 703 and Ordinance 760, Ordinances 703 and 760 and their amendments where applicable shall control; E. With regard to housing type, counts and entitlements, information shown on Exhibit "A" is purely informational and shall not be considered regulatory. Final regulatory approval shall be determined upon consideration of the applicable site plan by the Town Council. SECTION 3: That, except where provided specifically herein, 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 918 Page 2 of 4 EXHIBITS EXHIBIT A Development Plan Amendment Ordinance 918 Page 4 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 26" DAY OF OCTOBER 2020. ATTEST: -.A 6 4, - To d Wood, Town Secretary APPROVED AS TO FORM: Tq Q1.. k-- - L. Stanton Lowry, Town Attorney Laura Wheat, Mayor Amanda DeGan, Town Manager Ordinance 918 Page 3 of 4 OR ell C) m 0 0 0 0 A �. I