Loading...
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 abiifty{ Saving; m ie e. ie _--y vi ur Town of West- `. q amending Ar - III ig District Map, ` .1 and Section Df Zoning Dis- cial Zoning Map V, Permissible Myths. Rumor: ticie V, Zoning hospital, the at elopment Stan- can be consid ng for a Sever- bad informatio providing for a >e; providing for www.shareyou ­­ a,;;q . _ turnover, died punt } later Ben touchdou North" the ball o ble. The Xh scoring ru A Keith Matt Shell ening aga. "We wa the half an Goode sal ` "Ball c{ n � x a� Northwest 21 took the of 12:310 of. .h Terry Goode (center) booted a 3 -hes celebrate Andrew 'R. leld goal daring the thirst The kic k Friday night, The Tex- though it n 3n, however, losing to the Oak returr LartyTunser Sills claim TALI' T#I X9gII F