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Ord 942 Approving a site plan amendment for Lot 1R, Block 3, Westlake/Southlake Park Addition #1TOWN OF WESTLAKE ORD NANCE NO. 942 AN ORDINANCE AMENDING ORDINANCE 202, AS AMENDED; APPROVING A SITE PLAN AMENDMENT FOR LOT IR, BLOCK 3, 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 PD1 zoning district; and WHEREAS, Section 5 of Ordinance 202 states that "any development within PD 1 not materially in accordance with the Site Plans [adopted by Ordinance 202] will require the submission and approval of new comprehensive site plan for such additional or substantially CI anged 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areas known as PD 1-1, PD 1-2 and PD 1-3; and WHEREAS, Upon the passage of Ordinance 691, Ordinance 202 was not repealed; and WHEREAS, on June 15, 2015, The Town Council of the Town of Westlake, Texas approved Ordinance 751, which amended Ordinance 202 by approving a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 9411 Page i of WHEREAS, on January 25, 2016, The Town Council of the Town of Westlake, Texas approved Ordinance 767,which amended certain PDl-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 PDl -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, on September 24, 2018, The Town Council of the Town of Westlake, Texas approved Ordinance 865, which amended Ordinance 202 by approving a comprehensive site plan amendment for Lots 3 and 4, Block 2, Westlake/So uthlake 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 conditions; and WHEREAS, Ordinance 691 and Ordinance 202 serve to regulate the PD1-1 zoning district as amended; and WHEREAS, an application has been receivedto amendthe approved site plan for Lot 1 R, Block3, Westlake/Southlake Park Addition Number One in order to redevelop the site for a new fitness center; and WHEREAS, following provision of proper legal notice, including written notice to ownerswithin the PD1-1 zoning district and within 200 feetof 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 25, 2021, by the Town Council; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on October 11, 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 the comprehensive site plan amendment be approved. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: Thatthe recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct. SECTION 2: That Ordinance 202, as amended, of the Town of Westlake, Texas be amended by approving a comprehensive site plan amendment on Lots 1 R, Block 3, Westlake/Southlake Park Addition Number One as depicted on Exhibit "A" subject to the following conditions: Ordinance 942 Page 2 of A. All development, landscaping and lighting on the site shall be consistent with Exhibit "A"; B. The ground -floor view of the site from all adjacent residential properties shall be screened at all times through the planting and maintenance of living screening which may include a combination of trees and shrubs in addition to the vegetation shown on the approved landscape plan. In areas where existing tree cover is not present or insufficient, a significant amount of living screening shall be composed of evergreen vegetation in order to promote year-round screening. Said screening shall be installed not later than the issuance of the final Certificate of Occupancy; C. Where a conflict exists between the plans shown in Exhibit"A" and the other Town development regulations, including all PD1-1 development regulations, Exhibit "A" shall control, otherwise development on the Site shall comply with the Town of Westlake's regulations; D. All site signage shall be consistent with the signs shown in Exhibit "A". E. No business and/or service operations on the Site may occur between 12:00 a.m. (midnight) and 4:00 a.m., Monday through Sunday. F. All outdoor lighting fixtures on the site shall be completely shielded and cut-off from the view of any adjacent residential properties. Indoor lighting fixtures that are visible from any residential properties shall not create a nuisance and shall provide a minimal level of visibility through any combination of window treatments, shades, screens, tinting, etc. SEC,riON 3: That this Ordinance shall be cumulative of all other Town Ordinances an d 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. SECTION 5: This ordinance shall take effect immediately from and after its passage as the law in such case provides. SECTION 6: It is hereby declared to be the intention of the Town Council of th e Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section ofthis 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 Ordinance 942 Page 3 of 5 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 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF OCTOBER 2021. ATTEST: el— �� Todd Wood, Town Secretary APPROVTS FORM: L. t nton o y �1'own Attorney Laura Wheat, Mayor &44tL -49mh Amanda DeGan, Town Manager 6,�'; OF WAS 4O m TE X PS Ordinance 942 Page 4 of 5 EXHIBITS EXHIBIT A SITE PLAN AMENDMENT PLANS Ordinance 942 Page 5 of