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Ord 927 Amending Ord 906 ConditionsTOWN OF WESTLAKE ORDINANCE NO. 927 AN ORDINANCE AMENDING ORDINANCE 906 CONDITIONS; APROVIDING 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, 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 January 27, 2020 the Town Council approved Ordinance 906, which approved a Specific Use Permit (SUP) for 10 condominium units on a 0.376 acre portion on Block N, Westlake Entrada Addition; and WHEREAS, Whereas Section 2(f) of Ordinance 906 contains revocation and expiration provisions for the SUP; and WHEREAS, on January 28, 2021 the SUP granted by Ordinance 906 expired per the provisions in Section 2(f); and WHEREAS, the original SUP applicant is requesting an extension to the revocation and expiration provisions contained in Ordinance 906; 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 May 24, 2021, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on May 17, 2021, 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 SUP amendment 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 Town Council of the Town of Westlake, Texas does hereby approve amendments to Ordinance 906 subject to the following conditions: Ord inance )'_1 pag—, 1 of 3 A. Section 2(f) of Ordinance 906 is hereby repealed and replaced with the following statement: "The SUP authorized by Ordinance 906 is hereby declared to be valid and active. Said SUP shall automatically revoke and expire upon the occurrence of any of the following circumstances: (1) The building permits (not including grading/ earthwork permits) allowing the construction of the condominiums are not issued within one year after the approval date of this amending ordinance; (2) The use authorized by the SUP is abandoned for more than six consecutive months after either the expiration of the building permit (not including grading/ earthwork permits), or, after the issuance of the certificate of occupancy; (3) Any change in use of this building to a use other than that described and authorized by this ordinance; (4) Failure to provide the official recorded copy of the condominium regime as described and conditioned herein." B. All provisions of Ordinance 906 shall remain in full force and effect except as 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. 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 24th DAY OF MAY 2021. Ordinance 927 Page 2 of 3 ATTEST: a4L'(- Tod Wood, Town Secretary APPROVED AS TO FORM: L. Stanton Lowry, "Town Attorney Laura Wheat, Mayor A" za Amanda DeGan, Town Manager ,�"OF WEST k TEX P5