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Ord 941 Amending Ord 855TOWN OF WESTLAKE ORDINANCE NO. 941 AN ORDINANCE AMENDING ORDINANCE 855 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 April 22, 2013 the Town Council approved Ordinance 703 establishing the Zoning for Planned Development 1, Planning Area 2 (PD 1-2), also known as Entrada; and WHEREAS, Ordinance 703, Exhibit 7 states that the size, number and configuration of residential condominiums in Entrada shall be established by Specific Use Permit (SUP) establishing the Zoning for Planned Development 1, Planning Area 2 (PD1-2), also known as Entrada; and WHEREAS, On May 21, 2018 the Town Council approved Ordinance 8.55, which approved a Specific Use Permit (SUP) for 126 condominium units on Block K, Westlake F_.ntrada Addition, known as the "Plaza Mayor"; and WHEREAS, On November 26, 2018 the Town Council approved Ordinance 872, which amended Ordinance 855 conditions and added.24 additional condominium units; and WHEREAS, Whereas Section 2(i) of Ordinance .855 contains revocation and expiration provisions for the SUP; and WHEREAS, on May 21, 2019 the SUP granted by Ordinance 855 expired per the provisions in Ordinance 855, Section 2(i); and WHEREAS, the original SUP applicant is requesting an extension to the revocation and expiration provisions contained in Ordinance 855, and requesting to reduce the number of condominium units to not more than 100 units in a single building; 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 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 Ordinance 941 Page 1 of 5 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 8.55 subject to the following conditions: A. Ordinance 872, amending Ordinance 855, is hereby replealed; B. The provisions of Ordinance 855 are hereby repealed and replaced with the following provisions: 1. The condominiums 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. 2. The maximum number of residential condominium units in Building A, as shown on Exhibit "A", shall not exceed 100 units. 3. The ground floor area of Building A shall be generally consistent with Exhibit "A". 4. At a minimum, the developer shall provide the following amenities for resident use to be contained within the condominium building: a. Swimming Pool b. Fitness Center c. Sauna Room d. Wine Lounge e. Business Center f. Concierge Service g. Media Room i. Wi-FI Access j. 24-hour concierge Minor modifications to any of the above amenities may be approved by the Town Manager or designee(s). Ordinance 941 Page of5 5. An interior design package shall be provided to the Town before the issuance of building permits. At a minimum, the package should include a detailed list of the amenities noted above and a description of fixtures, furnishings, and materials. 6. A building signage plan must be submitted to the Town and approved by the Town Manager or his/ her designee(s) before the issuance of a Certificate of Occupancy for Building A. 7. Prior to the issuance of the Certificate of Occupancy for the Condominium building, a copy of the official recorded condominium regime document for this condominium that is filed with Tarrant County Clerk shall be provided to the Town Manager or designee and shall be kept in the official Town records. This SUP hereby grants the approval for the construction of a multistory, multi -occupancy residential structure that allows for individual ownership of each residential unit under a condominium regime as authorized by the State of Texas. 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 condominium 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; (4) Failure to provide the official recorded copy of the condominium regime as described and conditioned herein. 9. Prior to issuance of the building permit, a site plan amendment for the subject property authorizing the construction of Building A as shown in Exhibit "A" must be approved by the Town. 10. Prior to the issuance of the buildingpermit forthe 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. 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 Ordinance 941 Page 3 of 5 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 tenns or provisions of this Ordinance are hereby repealed. SECTION 5: Any person, firm or corporation violating any of the provisions or tenns 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 notto 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. A ;-'-1"F'S : Tod Wood, Town Secretary APPROVED AS TO FORM: L. Stanton -Lowry, Town Attorney Laura Whe t, Mayor Amanda DeGan, Town Man igci, pF WEST,Z O Ordinance 941 Page 4 of 5 EXHIBITS EXHIBIT A CONDOMINIUM BUILDING A PLANS Ordinance 941 Page 5 of 5