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HomeMy WebLinkAboutOrd 382 Granting a Special Use Permit for water well at 4101 Aspen LaneTOWN OF WESTLAKE ORDINANCE NO. 382 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 PALUXY WATER WELL, LOCATED AT 4101 ASPEN LANE; 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 4101 Aspen Lane owned by Charla Conner. 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 b: 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 13" DAY OF NOVEMBER, 2000. ATTEST: O°inge Crosswy, Town Qcretary APPROVED AS TO FORM: Scott Bradley, Mayor Trent O. Petty, Town Mangy I solemnly swear that a true and correct copy of the Public Notice Ordinance No. 382 was published in THE KELLER CITIZEN, a newspaper having general circulation in the counties of Denton and Tarrant, and that the dates that said issues of the newspaper bore in which such notice was published was April 3, 2001. A copy of the notice as published, clipped from the newspaper is attached hereto. Pam Nolte, Classified Ad Manager THE STATE OF TEXAS M - COUNTY OF TARRANT SWORN TO AND SUBSCRIBED BEFORE ME Pam Nolte this 24th day of April, 2001, to certify which witness my hand and seal of office. Notary Public, State of Texas Printed Name of Notary My commission expires EC, ffil11AITOA G M Y PU C S WofTay aq. MD n oe openea ana a m pecified time. All I welcome to at- TOWN OF WESTLAKE ications and bid )e obtained from ORDINANCE NO.388 ing Department Westlake, Texas, amending address or by An ordinance of the Board of Deby`Woodard Aldermen of the Town of ;15. Westlake, Texas, declaring a tions of Articles Xfll, subdivi- moratorium from the effective a special use permit for a pri- vate paluxy water well, locat- date of this ordinance and 10TI untilJne relating to utility duct banks as adopted by Ordinances 2001, at 181:59 P.M., on the clause; providing fora penal- ty of a fine not to exceed the issuance, acceptance or ap- a NOTICE proval of any permits, appli- DR PROPOSAL cations, site plans, zoning for injunctive relief;and pro- viding for an effective date. amendments, preliminary Independent plats and final plats on any rict will accept outdoor lighted recreational rsals for Consul- facilities in the Town of West- , >loyee Benefits lake zoned R-0.5, R-1, R-2, and R-5; directing the Town idependent Manager and his designees r ;I District of the Town of Westlake to g Department conductfinvestigations in or Parkway conjunction with the compati- exas 76248 bility of any outdoor lighted recreational facilities regula- A.M., May 8, tions within the R-0.5, R-1, R - r independent 2, and R-5 zoning districts to ct is requesting the overall growth, develop - r Consultant to ment, land use, health, safety - trice in selection, and welfare of the Town and monitoring and report to the Planning and ; n of the school Zoning Commission and the loyee benefits Board of Aldermen as expe- iis will include ditously as possible his rec- rance, Cancer, ommendations relating to the a Heart, Dental, R-6.5, R-1, R-2, and R-5 zon-' Cafeteria pians ing regulations; providing for :rpertinent em- a method of repeal of this fit. Keller fnde_ moratorium; providing a sev- hool District is erability clause; and provid- nsultant for Em- Ing that this ordinance shall =.fits for a one- take effect immediately upon th the ability to passage. r additional one - PUBLIC NOTICE onsists of: Independent TOWN OF WESTLAKE trict has approx- ORDINANCE NO, 385 00 employees. Independent strict has an en - )f over 17,000 A for Proposal be obtained`byy 'ie following 'of - Woodard, _ sing Agent >endent School !strict er Parkway exas 76248 337-7514 sendent'School yes the right to :formality and to all proposals. IOTICE 'O BIDDERS )st independent A is now accept - )ids for Library €01-04-011 until ay 4, 2001. Bids ed at the speck date in the Pur - .a, Room #118, Highway 114, ;247. >ecifications, and nay be obtained yce Polson, Pur - Agent, 5. eserves the right ,r reject any/all waive technicali- sales of alcoholic beverages within prescribed distances of churches, public schools, and hospitals; providing :a savings clause,; providing a severability clause; and pro- viding an effective date. Sell , 'it 1ER PUBLIC NOTICE -PUBLIC NOTICE PUBLIC NOTICF TOWN OF WESTLAKE TOWN OF WESTLAKE � TOWN OF WESTLAKE ORDINANCE NO. 382 ORDINANCE NO. 384 ORDINANCE NO. 386 An Ordinance of the Town of An Ordinance of the Town of An ordinance, amending the Westlake, Texas, amending Westlake, Texas, amending comprehensive zoning ordi- the Comprehensive Zoning Ordinance of the Town of Article Vlll of the Engineering Standards and certain sec- nance of the Town of West - lake, Texas by replacing ; Westlake, Texas, by granting tions of Articles Xfll, subdivi- Section 3, glare and spillover' a special use permit for a pri- vate paluxy water well, locat- sions, and XVI, definitions, of the unified development code lighting into residential prop- erties of Article VII, perfor- ed at 4101 Aspen Lane; pro- viding for a severability relating to utility duct banks as adopted by Ordinances mance standards with a new - Section 3, outdoor lighting of clause; providing fora penal- ty of a fine not to exceed the 321, 344, 357, 361, and 363; providing for a penalty; pro- Article VII, performance stan- dards; inserting new defini- sum of Two Thousand ($2,000.00) dollars; providing viding a severability clause; providing a savings clause; tions into Article XVI, defini- tions; and providing for a sev- for injunctive relief;and pro- viding for an effective date. and providing for an effective date. erability clause; providing for a savings clause; providing for a penalty clause; and pro- viding for an effective date.