HomeMy WebLinkAboutOrd 617 Amending Land Use Table PD 3-6 to allow Gas and Oil Drilling with Specific Use PermitTOWN OF WESTLAKE
ORDINANCE NO. 617
AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING
ORDINANCE NO. 312 AS AMENDED, BEING THE ORDINANCE WHICH CREATED
THE PD 3-6 DISTRICT OF THE TOWN OF WESTLAKE, AND AMENDING THE
PLANNED DEVELOPMENT SUPPLEMENT CHAPTER 6, ARTICLE 2. AMENDING
THE LAND USE SCHEDULE TO ALLOW GAS AND OIL DRILLING AND
PRODUCTION WITH AN APPROVED SPECIFIC USE PERMIT, AND ADDING
OTHER GAS AND OIL RELATED USES TO THE SCHEDULE TO CLARIFY
WHETHER THEY ARE OR ARE NOT ALLOWED IN THIS DISTRICT; PROVIDING
A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING
PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Town of Westlake, Texas is a general law Town acting under its
charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government
Code; and
WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best
interest of the citizens, property owners, and mineral rights owners in the Town of Westlake, to
allow gas and oil drilling and production on all properties regardless of zoning district, provided
a Specific Use Permit is approved for that property; and
WHEREAS, the Town Council of the Town of Westlake, Texas, deems it necessary to
amend certain sections of the Code of Ordinances relative to land use to assure to protection of
property and mineral rights owners;
NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN
OF WESTLAKE, TEXAS:
SECTION l: That, the above findings are hereby found to be true and correct and are
incorporated herein in their entirety.
SECTION 2: That the Land Use Schedule or Use Table is hereby amended to add the
following uses:
CIRCLE T PLANNING AREA 6--OFFICEIRETAIL
LAND USE SCHEDULE
PERMITTED USES
SUB -AREAS
X=Permitted, A=Accessory Use, S=SUP
Retail 1
Office Single -Family
OIL & GAS EXPLORATION
The following uses are allowed in allzoning districts including Planned Developments provided a Specific Use
Permit is approved
Gas Well Pad Site
S
S
S
Compressor Station/Facility
Salt water disposal well — Commercial
Produced Storage (Tank Batteries)
S
S
S
SECTION 3: PENALTY. Any person, firm, or corporation who violates, disobeys,
omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions
of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all
violations involving this zoning ordinance. Each day that a violation is permitted to exist shall
constitute a separate offense.
SECTION 4: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all
provisions of ordinances of the Town of Westlake, Texas, except where provisions of this
ordinance are in direct conflict with the provisions of another ordinance, in which event the
conflicting provisions of the other ordinance are hereby repealed.
SECTION 5: SEVERABILITY CLAUSE. It is hereby declared to be the intention of
the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable,
and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such
unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs,
and sections of this ordinance, since they would have been enacted by the Town Council without
the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or
section.
SECTION b: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake
are expressly saved as to any and all violations of the provisions of the Code of Ordinances,
Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have
accrued at the time of the effective date of this ordinance; and, as to such accrued violations and
all pending litigation, both civil and criminal, whether pending in court or not, under such
OA
ordinances, same shall not be affected by this ordinance but may be prosecuted until final
disposition by the courts.
SECTION 7: PUBLICATION. The Town Secretary of the Town of Westlake is
hereby directed to publish in the official newspaper of the Town of Westlake, the caption,
penalty clause, and the effective date of this ordinance.
SECTION 8: EFFECTIVE DATE. This ordinance shall be in full force and effect from
and after its passage and publication as required by law.
PASSED AND APPROVED this 27 day of April 2009.
Laura Wheat, Mayor
ATTES .
Ki Sutter, TRMC, Town Secretary Thomas Bry ,, o n Manager
E
4
run
3
THE STATE OF TEXAS )
COUNTY OF TARRANT )
I, L, , ADVERTISING MANAGER of the
Alliance Regional Newspapers of Southlake, Texas, a 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:
MAY 27th 2009
TOWN OF WESTLAKE
ORDINANCE #617
Advertising Manager
CRIBED ANDO before me on the ' da of
_ Y
certify w&4 v/(tn, ss my hand and official seal.
.� NOTA`PUBLIC, STATE OF T
=o�eRva�e� AMANDA HENSARLING
Arty commission Expires fr
q�OF December 05, 2092 My Commission Expires: