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Ord 940 Approving an SUP to allow a residential repositoryTOWN OF WESTLAKE ORDINANCE NO. 940 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS APPROVING A SPECIFIC USE PERMIT (SUP) TO ALLOW A RESIDENTIAL REPOSITORY ON AN APPROXIMATELY 0.71-ACRE PORTION OF BLOCK C AND BEING A PORTION OF PLANNED DEVELOPMENT DISTRICT 1, PLANNING AREA 2 (PD1-2), ESTABLISHED BY ORDINANCE 703 FOR THE PROPERTY GENERALLY LOCATED ON THE SOUTH SIDE OF HWY 114, EAST OF DAVIS, AND NORTH OF SOLANA BOULEVARD, COMMONLY KNOWN AS WESTLAKE ENTRADA. 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, 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 April 22, 2013 the Town Council approved Ordinance 703, as amended, establishing the Zoning for Planned Development 1. Planning Area 2 (PD1-2), alsca known as Entrada; and WHEREAS, On October 28, 2013 the Town Council approved Ordinance 720,.as arnended, establishing the Development Plan for Entrada; and WHEREAS, An application was received to construct a Residential Repository on a 0.71 acre portion of Block C in the Westlake Entrada Addition; and WHEREAS, following provision of proper legal notice, including written notice to owners within 200 feet of the subjectproperty, published notice andposted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on September 27, 2021, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on September 20, 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, for the property depicted in "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. Ordinance 940 Page r of 4 SECTION 2: That the Town Council of the Town of Westlake, Texas does hereby approve a Specific Use Permit (SUP) for a Residential Repository for the property depicted in the attached "Exhibit A" and "Exhibit B" and located in PD 1-2 which is an approximately 85-acre tract located south of Hwy 114, east of Davis Boulevard, and north of Solana Boulevard. The SUP is approved subject to the following conditions: A. The Residential Repository approved by this SUP, including all related structures and amenities, shall at all times comply with the provisions of: Ordinance 703 (Entrada zoning regulations), as amended; Ordinance 720 (Entrada development plan), as amended; Ordinance 760 (Entrada design guidelines), as amended; and, all other applicable Town ordinances. B. The Residential Repository layout, location and design shall be consistent with the plans contained in Exhibit "A". Minor modifications may be approved by the Town Manager or designee as part of the approval of the site plan. C. The Residential Repository operations shall be consistent with the provisions contained in Exhibit "B". Minor modifications may be approved by the Town Manager or designee. D. Priorto issuance of the building permit, a site plan for the ResidentialReposito,- must be approved by the Town. E, For any building signage that is visible from SH 1.14, a building signage plan mustbe submitted to the Town and considered by the Town Council for approval prior the issuance of a Certificate of Occupancy. F. This SUP shall automatically revoke and expire upon the occurrence of any of the following circumstances: (1) The building permit allowing the construction of the Residential Repository building is not issued within one year after the approval date of this ordinance; (2) The use authorized by the SUP is abandoned for more than six consecutive months after either the expiration of the building permit, 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. G. Prior to the issuance of the building permit for the structure authorized by this SUP, the Town and the property owner shall enter into a site development agreement relative to the development. Amendments to the existing development agreement for Entrada development may fulfill this requirement provided the amendments address the subject property. H. Continuous and/or egregious violations of the terms of this ordinance, and/or other applicable Town regulations shall be grounds for revocation of this SUP with the final determination of revocation to be made by the Town Manager in Ordinance 9.10 Page 2 of 4 writing. Appeals to administrative revocation under- this section may be forwarded to the Town Council for final consideration not later than 60 days after the notice of administrative revocation of the SUP is sent. Failure to appeal within the prescribed timeframe will result in final revocation of the SUP. 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 Ordinanceof 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 tenr►s 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 27TH DAY OF SEPTEMBER 2021. ATTEST: Tod Wood, Town ecretary APPROVED AS TO FORM: L. Stanton Lowry, Town Attorney N1 P_ Laura Wl�e/at, Mayor Amanda DeGan, Town. Manager Clydirar.r..r.- y-b0 nf EXHIBITS EXHIBIT A RESIDENTIAL REPOSITORY AND BLOCK C PLANS EXHIBIT B RESIDENTIAL REPOSITORY DESCRIPTION Ordinance 940 Page 4 of 4