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HomeMy WebLinkAboutOrd 422 Granting a Special Use Permit for a water well at 1701 Wisteria Way1TOWN OF WESTLAKE ORDINANCE NO. 422 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 1701 WISTERIA WAY; 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 the property at 1701 Wisteria Way owned by Brian and Debbye Watts. 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 22nd DAY OF JULY, 2002. ATTEST: r_ Gingei Crosswy, Town Secretary APPROVED AS TO F L . gz Scott Bradley, Mayor r Trent O. Petty, Town Manager 11, \\ ncawcn.u+e, wWIWLu CAPPED CAB. A, SLIDE 6399 I.P. PND. P.R.T.C.T. GO Z 1Fry1f% II 15' SANITARY SEWER & ELECTRIC U.E. , LOT 17R I P BLOCK K +I 1.68 ACRES ! I CAPPED I.P. FND. ti � f I N + a cai m QIV g o �J p 'vim q 0 C? FORMS ? ," � m \ a a m w8.9 11,4 46 6 h .. f*Y SS, 38.7 vl Ae'- n ,a CAPPED I.P. FND. UJB PLAT OF LOT 17R, BLOCK K, VAQUERO, PHASE 1, RESIDENTIAL ADDITION, AN ADDITION IN THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO CABINET A, PAGE 6559, PLAT RECORDS, TARRANT COUNTY, TEXAS. V LEGEND: a IRON PIN o IRON PIPE In, BOIS D'ARC STma LOYD BRANS©M SURVEYORS INC. fiE OF 7, CHARLES B. HOOKS, ,IR. *v� REGISTERED PROFESSIONAL LAND SURVEYOR ❑ CONcRET6MONUMENT �'�°` 1026 NORTH SYLVANIA AVENUE x ---- c— PENCE0KCIAARUS B. HOOKS. JR.. FT. WORTH, TEXAS 76111 <— — POWER LINE —T—T— TELEPHONE LINE * 3946 (817? 834-3477 1 eAzvv— CABLE TELEVISION A "r:,t°+�4 CONCRETE PAVING SUR AS HAL PAvwC D-4191-1841 DATE: 9-28-01 PUBLISHER'S AFFIDAVIT Kv 'p, PUBLISHER of the Alliance Regional Newspapers of Haslet, Texas, a newspaper of general circulation which has been published in Denton 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: Publisher SUBSCRIBED AND SWORN TO before me on the 00 _!A*day of 2002, to certify which witness my hand and official seal. CHI ISSI AV. W VE Notary Public NOTARY PUBLIC, STATE OF TEXAS STATE OF TEXAS MY. Comm. 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