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HomeMy WebLinkAboutOrd 341 SUP-01 Granting and Special Use Permit for a private water well in Planned Development PD 3-1TOWN OF WESTLAKE ORDINANCE NO. 341- SUP -01 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 WITHIN PLANNED DEVELOPMENT NUMBER 3-1, (PD -3-1); PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO THOUSAND ($2,000.00) 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 Town Council 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 CITY 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 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 Planned Development Number 3-1 (PD - 3 -1). SECTION 3: That the above described properly shall be used only in the manner and for the purpose provided in the PD -3-1 zoning ordinance 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, in accordance with the approved well location plan attached hereto as Exhibit "A", 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 25TH DAY OF SEPTEMBER, 2000. ATTEST: r GingZr Crosswy, To ecretary APP VED AS' O FORM: L, St ton Lowry,: 'Town Attorney (✓' Scott Bradley; Mayor Trent O. Petty, Town Mane-/. STATE OF TEXAS: COUNTY OF TARRANT: OWNERS CERTIFICATE WHEREAS, SQUAW MOUNTAIN LODGE, LTD. AND AIL INVESTMENTS, L.P., IS THE OWNER OF THAT CERTAIN TRACT OF LAND SITUATED IN THE JOSIAH WALKER SURVEY, ABSTRACT NO. 1604, THE MEMUCAN HUNT SURVEY, ABSTRACT NO_ 756 AND THE LEROY BOGGESS SURVEY, ABSTRACT NUMBER 196, TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT TRACT OF LAND CONVEYED TO AIL INVESTMENT, L.P., RECORDED UNDER COUNTY CLERKS NUMBER 95-0027449 OF REAL PROPERTY RECORDS DENTON COUNTY, TEXAS AND BEING ALL OF LOT 1, BLOCK 1, AIKMAN ADDITION, AN ADDITION TO THE TOWN OF WESTLAKE, RECORDED IN CABINET "A", SLIDE 2363 OF PLAT RECORDS, TARRANT COUNTY, TEXAS AND BEING MORL PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS; COMMENCING AT A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS", FOUND AT THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO FMR TEXAS LIMITED PARTNERSHIP, RECORDED IN VOLUME 13457, PAGE 403 OF DEED RECORDS, TARRANT COUNTY, TEXAS AND UNDER COUNTY CLERK'S NUMBER 98-R0091571 IN THE REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS; _`HENCE S 01`31'55"W, PASSING AT 86.51 FEET A 3\8 INCH IRON ROD, FOUND AT THE NORTHWEST CORNER OF THAT TRACT OF LAND CONVEYED TO POLYGON ENTERPRISES, INC., RECORDED IN VOLUME 9339, PAGE 1071 OF DEED RECORDS, TARRANT COUNTY, TEXAS, IN ALL 107.12 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET AT THE POINT OF BEGINNING; THENCE S 01'31'55"W, ALONG THE WEST LINE OF SAID POLYGON TRACT, 316.55 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR A CORNER; THENCE S 12'56'30"W, DEPARTING SAID WEST LINE, 192.66 FEET, TO A 5/8 -INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR THE BEGINNING OF A CURVE TO THE LLFT; THENCE SOUTHERLY, ALONG SATD CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF 21'02'48", HAVING A RADIUS OF 4905.00 FEET, A CHORD BEARING OF SOUTH 02°2523" WEST, A CHORD DISTANCE OF 1791.66 FEET AND AN ARC LENGTH OF 1801.77 FEET TO A 5/8 -INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET FOR THE END OF SAID CURVE; THENCE S 08°06'01 "E, 469.88 FEET, TO A 5/8 -INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR THE BEGINNING OF A CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE DE 01'36'34", HAVING A RADIUS OF 3895.00 FEET, A CHORD BEARING OF SOUTH 07°17'44" LAST, A CHORD DISTANCE OF 109.41 FEET AND AN ARC LENGTH OF 109.42 FEET TO A 5/8 -INCH IRON ROD WITH PLASTTC CAP STAMPED "KHA" SET FOR THE END OF SAID CURVE; THENCE S 51'29'27"E, 23.44 FEET, TO A 5/8 -INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR A CORNER IN AFORESAID WEST LINE POLYGON TRACT; THENCE S 00'09'35"W, ALONG SAID WEST LINE, 683.29 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR THE BEGINNING OF A NON -TANGENT CURVE TO THE RIGHT; THENCE SOUTHERLY, ALONG SAID CURVE TO THE RIGHT, THROUGH A CENTRAL ANGLE OF 01'01'17", HAVING A RADIUS OF 3895.00 FEET, A CHORD BEARING OF SOUTH 04°18'09" WEST, A CHORD DISTANCE OF 69.43 FEET AND AN ARC LENGTH OF 69.43 FEET TO A 5/8 -INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET FOR THE END OF SAID CURVE; THENCE S 03'57'15"W, 472.25 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET IN THE NORTHERLY LINE OF THE TRACT OF LAND CONVEYED TO WARREN CLARK, TRUSTEE, RECORDED IN VOLUME 6410, PAGE 304 OF SAID DEED RECORDS; THENCE S 44'24'20"W, 151.08 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET IN THE NORTH AND WEST LINE OF SAID POLYGON ENTERPRISES TRACT; THENCE WITH SAID NORTH AND WEST LINE THE FOLLOWING BEARINGS AND DISTANCES; S 88'39'06"W, 1168.84 FEET, TO A WOOD POST FOR CORNER; S 00'54'59"W, 438.18 FEET, TO A 3/4 -INCH IRON ROD FOUND FOR CORNER; S 37'16'31"W, 1189.95 FEET, TO A WOOD POST; N 89'45'54"W, 667.21 FEET, TO A 3/4 -INCH IRON ROD , FOUND; THENCE S 00'42'01"W, 806.02 FEET, TO A 1 INCH IRON ROD, FOUND IN THE NORTH LINE OF THAT TRACT OF LAND CONVEYED TO ZANE HARPER AND WIFE, ERICA HARPER, RECORDED IN VOLUME 6702, PAGE 881 OF SAID DEED RECORDS; THENCE N 89'34'31"W, 1018.59 FEET, TO A WOOD CORNER POST, IN THE EAST LINE HICKORY HOLLOW ESTATES, AN ADDITION TO THE CITY OF FORT WORTH, RECORDED IN VOLUME 388-190, PAGE 24 OF PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE N 00'21'43"E, 1203.81 FEET, TO A 5/8 INCH IRON ROD, FOUND AT THE NORTHEAST CORNER OF SAID HICKORY HOLLOW ADDITION AND BEING THE SOUTHEAST CORNER OF THAT TRACT OF LAND CONVEYED TO DAVIS FAMILY LIMITED PARTNERSHIP, RECORDED IN VOLUME 11696, PAGE 134 OF DEED RECORDS, TARRANT COUNTY, TEXAS,- THENCE EXAS; THENCE N 00'10'27"E, 758.50 FEET, TO A 1 INCH PIPE, FOUND; THENCE N 00'05'30"E, 832.23 FEET, TO A 5/8 INCH IRON ROD, FOUND AT THE SOUTHWEST CORNER OF AFOREMENTIONED AIKVEN ADDITION; THENCE N 89'54'17"E, 1217.77 FEET, WITH THE SOUTH LINE OF SAID DETECTION TRACT AND THE SOUTH LINE OF THAT TRACT OF LAND CONVEYED TO LARRY SMITH AND WIFE, PATTY SMITH, RECORDED IN VOLUME 6769, PAGE 1161 OF SAID DEED RECORDS, TO A 3/4 INCH IRON ROD, FOUND AT THE SOUTHEAST CORNER OF SAID SMITH TRACT, IN THE NORTH LINE OF SAID AIKMEN ADDITION; THENCE N 00°20'27"E, PASSING AT 474.3 FEET, A 1/2 INCH IRON ROD, FOUND AT THE SOUTHEAST CORNER OF TRACT 6, SHELBY CREEK ESTATES, AN ADDITION TO THE TOWN OF WESTLAKE, RECORDED IN VOLUME 388-165, PAGE 28 OF SAID PLAT RECORDS, IN ALL 1758.60 FEET, TO A 5/8 INCH IRON ROD, FOUND AT THE NORTHEAST CORNER OF TRACT 4, SHELBY ESTATES; THENCE S 88°54'50"W, 1500.89 FEET, WITH THE NORTH LINE OF SAID SHELBY ESTATES, TO A STONE MOUND, FOUND IN THE EAST LINE OF THE ESTATES, AN ADDITION TO THE TOWN OF WESTLAKE, RECORDED IN CABINET "A", SLIDE 2789 OF PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE N 00°19'41"W, 897.82 FEET, WITH THE EAST LINE OF SAID ESTATES ADDITION, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET IN THE SOUTH RIGHT-OF-WAY LINE OF PROPOSED DOVE ROAD (A PROPOSED VARIABLE WIDTH RIGHT-OF-WAY); THENCE WITH THE PROPOSED SOUTH RIGHT-OF-WAY THE FOLLOWING COURSES AND DISTANCES S 89'34'34"E, 19.34 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET FOR THE BEGINNING OF A CURVE TO THE LEFT; WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 283.78 FEET, THROUGH A CENTRAL ANGLE OF 19`21'24", HAVING A RADIUS OF 840.00 FEET, THE LONG CHORD OF WHICH BEARS N 80"44'44"E, 282.44 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA" SET FOR CORNER; N 71"04'02"E, 547.43 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR AN ANGLE POINT; N 65'50'11"E, 341.21 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS", FOUND FOR THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 264.77 FEET, THROUGH A CENTRAL ANGLE OF 27°34'56", HAVING A RADIUS OF 550.00 FEET, THE LONG CHORD OF WHICH BEARS N 79'37'40"F, 262.22 FEET, TO,,A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS FOUND; S 86`34'52"E, 767.02 FEET, A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "KHA", SET FOR CORNER; N 89`33'02"E, 606.14 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS", FOUND AT THE BEGINNING OF A CURVE TO THE RIGHT; WITH SAID CURVE TO THE RIGHT, AN ARC DISTANCE OF 639.63 FEET, THROUGH A CENTRAL ANGLE OF 36°52'09", HAVING A RADIUS OF 994.00 FEET, THE LONG CHORD OF WHICH BEARS S 71 °43'53"E, 628.65 FEET, TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS", FOUND; S 53°17'48"E, 41.67 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP STAMPED "CARTER & BURGESS, FOUND AT THE BEGINNING OF A CURVE TO THE LEFT; `ENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 516.07 FEET, 3HROUGH A CENTRAL ANGLE OF 26`52'49", HAVING A RADIUS OF 1100.00 FEET, THE LONG CHORD OF WHICH BEARS S 66'403"E, 511.35 FEET; THENCE S 80°10'38"E, 177.13 FEET TO THE POINT OF BEGINNING AND CONTAINING 18,721,942 SQUARE FEET OR 429.797 ACRES OF LAND MORE OR LESS. 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