HomeMy WebLinkAboutOrd 371 Amending the Unified Development Code regarding water wellsTOWN OF WESTLAKE
ORDINANCE NO. 371
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING
ARTICLE IV, PERMISSIBLE USES, FOR THE PURPOSE OF ADDING
PRIVATE WATER WELLS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Zoning Ordinance and the subdivision regulations by adopting a
Unified Development Code for the Town of Westlake (the "Town"); and
WHEREAS, the Town has published notice in an official newspaper, all in
accordance with the notice of provisions of Chapter 211 of the Local Government Code
of Texas; and
WHEREAS, the Town has proposed this zoning change to the Comprehensive
Zoning Ordinance of the Town and has received a report from the Planning and Zoning
Commission of the Town, as required by State statutes and the conditions and
prerequisites have been complied with, the case having come before the Board of
Aldermen (Board) of the Town after all legal notices, requirements, conditions and
prerequisites have been complied with and;
WHEREAS, the Board, at a public hearing called by the Board, did consider the
following factors in making a determination as to whether the requested changes should
be granted or denied: safety of the motoring public and the pedestrians using the facilities
in the areas immediately surrounding the effected zoning districts; safety from fire
hazards and measures for fire control, protection of adjacent property from flood or water
damages, noise producing elements and glare of the vehicular and stationary lights and
effect of such lights on established character of the neighborhoods, location, lighting and
types of signs and relation of signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated by the proposed uses
around the effected zoning districts and in the immediate neighborhoods, adequacy of
parking, location of ingress and egress points for parking, and protection of public health
and the general welfare, effect on light and air, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and
Page 1 of 8
WHEREAS, the Board further considered the character of the effected zoning
districts and their peculiar suitability for particular uses and with the view to conserve the
value of buildings, encourage the most appropriate use of land throughout this town; and
WHEREAS, the Board does find that there is a public necessity for the proposed
zoning ordinance amendments, that the public demands it, that the public interest clearly
requires the amendment, that the zoning ordinance amendments do not unreasonably
invade the rights of those who bought or unproved property with reference to the
classifications which existed at the time their original investment was made; and does find
that the changes in the zoning ordinance lessen the congestion in the streets, help secure
safety from fire, panic and other dangers; promote health and the general welfare; provide
adequate light and air; prevent the overcrowding of land; avoid undue concentration of
population; facilitates the adequate provisions of transportation, water, schools, parks and
other public requirements; and
WHEREAS, the Town Board has determined that there is a necessity and need.
for these changes in the zoning ordinance and has also found and determined that there has
been a change in the condition; and therefore, feels that changes in the zoning ordinance
are needed, are called for, and are in the best interest of the public at large, the citizens of
the Town, and help promote the general health, safety, and welfare of this community
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
TOWN OF WESTLAKE, TEXAS:
SECTION 1: 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 amended by amending Article IV, Permissible Uses, for the purpose
of adding a new Section 13, Private Water Wells, as follows:
SECTION 13 PRIVATE WATER WELLS
Private water wells shall be permitted in all districts with an approved
Specific Use Permit, as shown in Section 3 of Article IV, Permissible Uses.
Application submittals shall include a copy of all documents required by the
State of Texas for the construction and installation of a private water well.
SECTION 3: Amend Article IV, Land Use Schedule, for the purpose of
adding "Private Water Wells" to the section entitled "Institutional and Government
Uses as follows:
Page 2 of 9
Westlake Land Use Schedule
SF Permitted Uses
Resid
ential
R-5 R-2 R-1 R-0.5 X=Permitted, A=Accessory
Use, S=SUP
AGRICULTURAL USES
X
X
X
X
Orchard
X
X
X
X
Plant Nursery (Growing)
X
X
Plant Nursury (Retail Sales)
X
X
X
Farms General (Crops)
X
Farms General (Livestock,
S
Ranch)
S
S
S
Veterinarian (Indoor Fennels)
S
S
Veterinarian (Outdoor Kennels)
S
S
Stables (Private, Principal Use)
X
X
X
X
Stables (Private, Accessory
A
A
Use)
A
A
A
Stables (As a Business)
X
X
RESIDENTIAL USES
X
X
X
X
Single Family Detached
X
X
Single Family Zero Lot Line
S
S
S
Single Family Attached
X
X
X
Duplex
X
X
X
X
Home Occupation
A
A
A
A
Servants/Caretakers Quarters`
Temporary Accommodation for
Employees/CustomersNisitors*
INSTITUTIONAL and
GOVERNMENTAL USES
Emergency Ambulance Service
Post Office (Governmental)
Mailing Service (Private)
Heliport
Helistop
S
S
S
S
Telephone Switching Station
Electrical Substation
X
X
X
X
Utility Distribution Lines*
Comm
ercial
MF R O O -I
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
S
S
S
S
S
X
X
X
A
A
A
A
A
A
A
X
X
X
X
X
X
X
X
S
S
S
X
X
X
S
S
S
X
X
X
Page 3 of 9
x I x I x I x 1
S I S S I S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
S
Utility Shop and Storage
Sewage Pumping Station
Water Storage Tank (Elevated
or
Ground)
Retirement Home
Nursing/Convalescent Home
Hospice
Hospital
Psychiatric Hospital
Clinic
Child Daycare (7 or more)*
School, K-12 (Public or
Private)*
School (Vocational)
College or University
Community Center
Civic Club
Church or Place of Worship*
Use Associated to a Religious
Inst.
Government Building
Police Station
Fire Station
Library
Private Water Wells*
COMMERCIAL USES
Multifamily (Apartments)
Offices (General)
Studio
Banks and Financial Institutions
Information Processing;
Hotel/Motel with Conferencing
Facil.
Laundry/Dry Cleaning (<3,000
s.f.)
Laundry/Dry Cleaning
(Drop/Pick)
Shoe Repair
x
x
x
X
S
S
A
S
S
S
x
X
X
A
X
x
x
x
S
//
I S
S
S
N
x
x
N
S
S
S
x
X
x
x
x
x
x
x
x
S
S
X
x
3.
x
x
X
X
x
x
x
x
X
x
x
x
X
X
X
X
x
X
S
S
x
x
1
x
x
x
x
1
x
1
X I S I
X
x
x
x
A
Page 4 of 8
X
X
X
X
X
X
X
X
X
S
S
S
X
X
X
I S
Beauty Parlor/Barbershop
Clothing Store
Quick Copy/Duplicating
Services
Personal Services
Grocery
Convenience Store
Service Station
Drug Store
Variety Store
Bakery Sales
Stationary Store
Antique Shop
Art Gallery
Hardware Store
Sporting Goods
Paint and Wallpaper
Cloth Store'
Retail Stores - General
(Excluding Second Hand
Goods)
Restaurant/Cafe
Auto/Truck Parts and
Accessories
Household
Furniture/Appliances
AMUSEMENT
/RECREATION
Golf Course (Public or Private)
Park or Playground
Satellite Dish *
Non -Commercial Radio Tower
Race Track Operation
Recreation Facility, Health
Studio
Country Club (Private
Membership)
AUTO SERVICES
Truck/Trailer Rental;
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
X
X
X
X
S
X
X
I S
A
A
X
A
A
A
A
A
A
X
X
X
S
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
X
S
S
X
X
I
Page 5 of 8
S I S I S I S
Auto Body Repair
Auto Mechanical Repair
Quick Lube/Oil Change
Vehicle Maintenance (Private)
WHOLESALE TRADE
Warehouse/Storage (Inside)
Warehouse/Storage (Outside)
Scrap/Waste Recycling
Collection
and/or Storage
Cas/Chemical Bulk Storage
Light Manufacturing/Assembly
Apparel Manufacturing
Packaging and /or Distribution
Printing, Engraving and related
Reproductive Services
Distribution of Books/Other
Printed
Material
Machine Shop
Welding Shop
Temporary Batching Plant*
*) Signifies Uses with special
guidelines
see Section [Special Uses]
SIGNS
Builder Directional Signs
(Temp.)
Contractor Signs (Temp.)
Holiday Signs (Temp.)
Business Window Signs
(Temp.)
Monument Signs
Wall Signs
Political Yard Signs (Temp.)
S
S
x
x
S I
S
x I
S I
S
Page 6 of 8
Decorative Banners (Temp.)
M
94
M
SECTION 4; Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in
this Ordinance or application thereof to any person or circumstance is held invalid or
Page 7 of 8
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board hereby declares that it
would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION S: This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulations of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
SECTION b: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall be
fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000) and
a separate offense shall be deemed committed each day during or on which a violation
occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 14'' DAY OF AUGUST, 2000.
ATTEST:
GingeiCCrosswy, Town Stary
`.i.
�T ter`
mey
Scott Bra ey, Mayor
Trent O. Petty, TowAfanager
Page 8 of 8
I solemnly swear that a true and correct copy of the Public Notice Ordinance No.
371 was published in THE KELLER CITIZEN, a newspaper having general
circulation in the counties of Denton and Tarrant, and that the dates that said
issues of the newspaper bore in which such notice was published were
September 19, 2000.
A copy of the notice as published, clipped from the newspaper is attached hereto.
Pam Nolte, Classified Ad Manager
THE STATE OF TEXAS §
0
COUNTY OF TARRANT §
SWORN TO AND SUBSCRIBED BEFORE ME
m
Pam Nolte
this 27th day of September, 2000, to certify which
fitness my hand and seal of office.
J-4511 C . )/� c
Notary Public, State of Texas
Printed Name of Notary
My commission expires
F-,
3'2'vV'`:9'v"'.'��'d
/arrant County
NOTICE TO BIDDERS
TOWN
OZARK
Single lump sum
lump
VVESTLAKE
TREE CARE
single Competitive
for con-
struction obla New Conces-
ORDINANCI
ticie 111,
sion Stand at Texan Stadium
An ordinance of
STUMP GRINDING
for the Northwest ISD will be
Aldermen of 7
FERTILIZING
received at Northwest ISD, ;;
1800 State Highway 114,
Westlake, Tex
by this ordinar
TRIMMING
Justin, TX 76247. Each Pro -
poser shall identify his sealed
current editioi
C
REMOVING
Proposal by typing on the
outside the
form Building
Mechanical Ci
TREE SALES
of envelope:
National Elec
T
dent
NortSchool
csm 1 1
D stir cthwest
PUBLIC
Bid #00-09-033
817-530-7439 Beeper
Attn: Joyce Polson
FULLY INSURED
Purchasing Agent
TOWN
REASONABLE RATES
1800 State Hwy 114
WESTLAKE
Justin, TX 76247
All MASON
The District shall receive,
ORDINANCI
An ordinance
publicly open, and read aloud
the names of the proposers
in Conference Room #103 at
a
Comprehensive
nance of The Ti
Northwest 'ISD Education
lake, Texas by 'i
Center. 1800 State Hwv 114
ticie IV. Permiss
/arrant County
vatety.
for a 54
sa s
� f1� '``�"1f
Competitive Sealed Propos-
ing for
provid
`
als received by hand delivery
date.
ticie 111,
or mail after 2:00 p.m., Octo-
nevi
USE
Cor
1,''
ME
bar 10, 2000, will be returned
PUE
�rxr
unopened.
examined at:
Great Prices $
The Proposal Site is located
+nlA
INSURED 3E, 1
from the Architect upon de-
opn
lm,�i' 6""��
posit of a refundable deposit
Use
J!a-�281-1452
check in the amount of $200
Dist
ticie 111,
for two (2) complete set of
Proposal Documents
payable to gates Architects,
nevi
USE
Cor
1,''
ME
d=-
Inc.:Deoosit cherk will hp rp-
and
'..
WALLPAPER
omalnea trom trOm Architect
i.umpri
lm,�i' 6""��
upon purchase by the Pro-
poser. Partial sets of Propos-
nance
lake, T
.1 and Section
MORGAN'SWALL-
al Documents will not be
ticie 111,
PAPERING /Faux Painting.
'estimates,
available.
3u Pu l
Free 817-438-
2466.
Proposal Documents may be
tricts a
elopment Stan-
examined at:
and Ar
bad informatio
Office of Owner
Northwest Independent
School District
Uses, ,
District
dards; I
VIDE®
1800 State Hwy 114
Justin, Tx 76247
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