HomeMy WebLinkAboutOrd 341 SUP-02 Amending the Zoning Ordinance SUP2 Private water well for PD 3-1. 3122001 - VaqueroTOWN OF WESTLAKE
ORDINANCE NO. 341- SUP -02
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 property 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 12TH DAY OF MARCH, 2001.
ATTEST:
- /J - �q' "-4-
Cnnger rosswy, Town Secrebxy
Scott Bradley, Mayor
Trent O. Petty, own Manager
STAI'E 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 MORE 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;
THENCE 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 LEFT;
THENCE SOUTHERLY, ALONG SAID CURVE TO THE LEFT, THROUGH A CENTRAL ANGLE OF
21'02'48", HAVING A RADIUS OF 4905.00 FEET, A CHORD BEARING OF SOUTH 0275'23" 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 OF
01'36'34", HAVING A RADIUS OF 3895.00 FEET, A CHORD BEARING OF SOUTH 07"17'44" EAST,
A CHORD DISTANCE OF 109.41 FEET AND AN ARC LENGTH OF 109.42 FEET TO A 5/8 -INCH
IRON ROD WITH PLASTIC 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 N 00'10'27"E, 758.50 FEET, TO A 1 ..INCH PIPE, FOUND;
THENCE N 00'05'30"E, 892.23 FEET, TO A 5/8 INCH IRON ROD, FOUND AT THE
SOUTHWEST CORNER OF AFOREMENTIONED AIKMEN 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, 28244 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"E, 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, 41.6.7 FEET TO A 5/8 INCH IRON ROD WITH PLASTIC CAP
STAMPED "CARTER & BURGESS, FOUND AT THE BEGINNING OF A CURVE TO
THE LEFT; ;
THENCE WITH SAID CURVE TO THE LEFT, AN ARC DISTANCE OF 516.07 FEET,
THROUGH.- A CENTRAL ANGLE OF 26'52'49", HAVING A. -RADIUS OF 1100.00 FEET,
THE LONG CHORD OF WHICH BEARS S 66'44'13"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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