HomeMy WebLinkAboutOrd 490 Approving a Special Use Permit for a private water well at 5920 Mahotea Boone TrailTOWN OF WESTLAKE
ORDINANCE NO. 490
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 AT
5920 MAHOTEA BOONE TRAIL; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A PENALTY OF A FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND (52,000.00) 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 Board of Aldermen 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 BOARD OF ALDERMEN 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 the property at 5920 Mahotea Boone Trail,
owned by Joseph Hagman.
SECTION 3: That the above described property shall be used only in the manner and for the
purpose provided in the Unified Development Code 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 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 12" DAY OF DECEMBER, 2005.
ATTEST:
Scott Bradley, Mayor
an Dwinncll, TRMC, CMC Town Secretary Trent O. Petty, Town Manager
APPROVED S TO FZ�RM:
L. Stanton Ldwfy, T Attorney