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HomeMy WebLinkAboutOrd 466 Granting a Special Use Permit for a water well at 2224 King Fisher DriveTOWN OF WESTLAKE ORDINANCE NO. 466 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY GRANTING A SPECIAL USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT 2224 KING FISHER DRIVE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND (52,000.00) DOLLARS; PROVIDING FOR INJUNCTIVE RELIEF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake's Board of Aldermen finds and determines, on the basis of facts presented on the application for a Special Use Permit and at the public hearings on same, the following: 1. That the proposed use is consistent with the existing uses of adjacent and nearby property; 2. That the proposed use is not inconsistent with: (a) the reasonably foreseeable uses of adjacent and nearby property anticipated to be in place upon expiration of the term of the Special Use Permit; and (b) the use of the property contemplated by the Town's Comprehensive Plan, as in effect on the date of granting of said permit; 3. That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 4. That the proposed use will not adversely affect the Town's Thoroughfare Plan and traffic patterns, as in effect at the time of granting of said permit, and as contemplated by the Town's Comprehensive Plan. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Board of Aldermen, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the granting of Special Use Permits under the Zoning Ordinance and Zoning Map, have given the requisite notices by publication and otherwise, and after holding hearings and affording a full and fair process to all property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the Board of Aldermen of the Town of Westlake is of the opinion that said change in zoning use should be made, subject to the conditions set out herein. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 Comprehensive Zoning Ordinance of the Town of Westlake, Texas, be, and the same is hereby amended, by amending the Zoning Map of the Town of Westlake so as to grant a Special Use Permit, for a private water well, located within the property at 2224 King Fisher Drive owned for Brandt Jobe. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code and the Comprehensive Zoning Ordinance of the Town of Westlake as herein amended by the granting of a Special Use Permit and approval of an associated location plan for private water well and incorporated herein by reference. 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 Comprehensive Zoning Ordinance 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. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. 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 13'x' DAY OF DECEMBER 2004. ATTEST: Inger rosswy, Town Seerxtary APPROVED _ TO - RM: L. anton L o ttorney Trent O. Petty, To -NG Manager van 13's R1 1, 112 THE STATE OF TEXAS } COUNTY OF TARRANT } 1, d; �e, , PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas,la newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: December 24, 2004 Town of Westlake Ordinance No. 462-467 lisher/General Manager SUBSCRIBED AND SWORN TO before me on the day of ;Op-�­to certify which witness my hand and official seal. NOTARY PUBLIC, STATE OF TEXAS My Commission Expires: c �r� ., in Cabinet A, Slide ERAB(LlTY CLAUSE; AND ar Ltd? '~ recorded 5138 of the Plat Records of PROVIDING A PENALTY OF A FINE NOT TO EXCEED THE #s " 4 or grouts i Tarrant Count', Texas MAXIMUM AMOUNT Wo`vkiad by an (PRTCT), said iron pin beingg ALLOWED BY LAW FOR THE is and IN-HOME on the east line of a tract of VIOLATION OF THIS ORDI- }o �e•APPLIANCECOOL land conveyed to Fort Worth3ii.@ST NANCE, - Quality serPicas } Her Denton Traction Company by deed recorded in Volume 450, TOWN OF WESTLAKE l , CsT),taitp izs- tr ii2 11a�.4 for, o sea- You Can `rust! Paint Mice Page 46'2 DRDCT; ORDINANCE NO. 464 m xtolis are Evenings & Weekends rate: Ran THENCE N 16°00'00" c, along the west line of said AN ORDINANCE AMENDING �L "Ga. AVallable. Ca11, 817-937-6196 Or We a B gess and McCulloch tract : ORDINANCE 415 OF THE `3 TOWN OF WESTLAKE, yyo Y ilieut3 940-242-0156 NOW Company tract, a distance of ING FOR THE DUTIES au 1020.00 set to a capped 5/8" QUALIFICATIONS OF THE $42, iron pin found, said Iran pin TOWN MARSHAL; PROVID- othei being the northwest corner ING FOR THE DUTIES ANDTheI 940 said Bo, no and McCulloch QUALIFICATIONS OF ANY 214 9 DULY APPOINTED' DEPUTIES Sweeps tract, said iron pin being the TO THE TOWN MARSHAL; THE: southwest corner of a tract of PROVIDING A SEVERABILITY Spe land conveyed to Willie H. CLAUSE; PROVIDING A SAV- IDENTON A Flower Mound Bath Eastwood and wife Edna E. INGS CLAUSE; AND PROVID- Plurr Eastwood by deed recorded in ING AN EFFECTIVE DATE. i€IAhA�IF OiT$Ai3n� Mob Volume 7735, Page 72 DRTCT; SOCElly yli €nLa)t Caps Cab THENCE N 89°36'00" E, TOWN OF WESTLAKE along the north line of said ORDINANCE NO. !465OS� S Pain Boggess and McCulloch tract Refe and AN ORDINANCE OF THE D. er Vents Safi. the south line of said Eastwood TOWN OF WESTLAKE, sir / Neuter / Sha tracta distance of 734.12 feet TEXAS, AMENDING ORDI- 1 Nest Removal M/1 , to a point; NANCE NO. A06 AND ORDI- immunizationLf is THENCE S 13°14'02" E, NANCE NO. 446 BY ESTAB Program Mortar Work departing the north line of said LISHING A NEW WATER AND Bo gess and McCulloch tract ULE AND RATE ACHED- PONDER. 214-284-8107 1-284®81 7 and the south line of said CLE ANDD NEW WATER TAP Eastwood tract, a distance of FEE SCHEDULE PROVIDINGVETERINARY — 419.45 feet to a point, said A SEVERABILITY CLAUSE; PROVIDING A SAVINGS INC. Pint CLAUSE; PROVIDING A HOSPITAL, being the point of curvature of PENALTY CLAUSE; AND 7 a circular curve to the right PROVIDING AN EFFECTIVE Large & Small AnimalF–SWRIEENS having a radius of 1484.79 DATE. Medicine & Surgery SOLAR u feet, a central angle of Pa 13°05',02' and being subtend- TOWN OF WESTLAKE ed by a chord which bears S ORDINANCE NO. 466 (90)479-2782 06°41'31" E,'338.33 feet; www, ndervetnos ital.com 3 THENCE along said curve to AN ORDINANCE OF THE po P the right, a distance of 339.06 TOWN OF WESTLAKE, 97tBY5eP9Feettopoint; TEXAS, AMENDING THE "�rt#el? THENCE 500°09'00" E tan COMPREHENSIVE ZONING PUPPIES FOP. SALE! gent to said curve, a distance ORDINANCE , TEXAS, BY THE TOWN Authorized c$rt OF WESTLAKE, Beagles, mini '& regular M of 577.92 feet to a point on a $assetts, mini Cockers, GRANTING A SPECIAL USE Australian Shepherd, Golden eealer M< south Sine of said Boggess and PERMIT FOR A PRIVATE P McCulloch tract, sa point WATER WELL, LOCATED AT Retrievers, Labs, Akitas,l Specializing in isle Fis also being on a north line of Pekinese, Schnauzers, Ferns, W g 2224 KING FISHER DRIVE; Mini Dachshunds, Boston Alliance Corridor 2° said Ashmore Farms, Phase 2; PROVIDLNG FOR A SEVER ABILITY CLAUSE; PROVIDING Terriers &Pugs. Check or Hi THENCE N 18'08'58'W, FOR A PENALTY OF A FINE Credit Cards 940-872.1833 $17.87.0684 Q1 along a southwesterly line of NOT TO EXCEED THE SUM For a FREE estimate C< said Boggess and McCulloch OF TWO THOUSAND 81 tract and al-1411 ng a north line of ($2,000.00) DOLLARS; PRO.- said Ashmore Farms, Phase 2, VIDING FOR INJUNCTIVE a distance of 131.36 feet to a RELIEF; AND PROVIDING FOR 1/2" iron pin found; AN EFFECTIVE DATE. LEASING NOW! THENCE N 79°12'32" W, Hall's Boat & MiniMALL Ll' alonga south line of said TOWN OF WESTLAKE N Bogess and McCulloch Iract ORDINANCE NO. 467 StorageC d 2585 Lonesome Dove RdF! an AN ORDINANCE OF THE Grapevineit along a north fine of said TOWN OF WESTLAKE, 817-416-7877B, Ashmore Farms, Phase 2, a TEXAS AMENDING THE UNI- a distance of 131,36 feet to a FIED DEVELOPMENT CODE, the ARTICLE IV, PERMISSIBLE a• Fi Point of Beginning and con- USES, SECTION 14, WIND � TYPES OF H taining 1,081,686 square fact TURBINES, AND ARTICLE XVI, CLEANING SERVICE AVAIL C or 24.832 acres of land, more DEFINITIONS, SECTION 2, ABLE FOR HOMES. FREE $ or WORDS AND TERMSESTIMATES. 817 312-6893 WORK less. DEFINED, FOR THE PURPOSE A public hearing will be held OF DEFINING AND PROHIBIT - 6 y and before the City Council ING THE CONSTRUCTION OF MAID In America Designs of the City of Haslet, WIND TURBINES IN THE Since '1.993 Installations Texas, on Monday, JanuaryTOWN OF WESTLAKE; REPEALING ALL PROVISIONS Ask about our io, muni at Room PM in the. OF ORDINANCES IN CON- o $ Irrigation l Drainage Community Room of the City ®�a + FLiCI' HEREWITH; PROVIDING e Remodels Trees Hall of the City of Haslet, FOR A SEVERABILITY CLAUSE; for your First Time Clean. Flower Beds a Creative Texas, 105 Main Street,, FOR A SAVINGS 817-431-7480 Haslet, Texas, for all persons CLAUSE; PROVIDING FORA 940-243-8164 Edging @ Retaining Walls interested in the above pro PENALTY CLAUSE; AND PRO- 972-317-0880 Arbors ® Fences posed annexation. At said time VIDING FOR AN EFFECTIVE TeXasMaidinAmerica.com and place all such persons DATE, Bonded & insured shall (817)403-2046, have the right to appear and ""A a ,p " - be heard. Of all said matters ® e 2P, and things, all persons interest- ed .Also av^ilabde' will take notice. For On -Site Computer AU T`yTles of Concrete Dated this 20th day of Repair & Networking, Call TOP DOLLAR PAID Work. December, 2004. DPW Diane Rasor On -Site Computer Repairs: for' unk tars & trucks..: CatLDavid Sf7-994-3795' City Secretary 817-912-0220 or 214.202 �17-220-5682 8352 940049-1 G n = Q 9 Master electrician. AWESOME SAVINGS Free estimates.: Zw- GE Refrigerator, eraior, side -by side, �s Residential & Commercial. 0 ON CLEAN RV'S. Tx Stela Lic# TECLi 8124 water & ice in door, 25 cu, ft.,. 817-517-7867 bisque color, 2 yrs old. texasrvcenter.com l -877-433-8 817-5 433-8627 d or Call 817-489-5091 ° e " • BBQ Grill & Bar Area • Flagstone Patio Cedar Patio Covers • Fireplaces and Firegits • Water Features • Fencing and Decking ®� os eaa