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Ord 671 Amending the Zoning for Planned Development PD-1 Specific Use Permit for a Gas Well Pad SiteTOWN OF WESTLAKE ORDINANCE NO. 671 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY AMENDING THE SPECIFIC USE PERMIT THAT WAS APPROVED ON AUGUST 10, 2009, BY ORDINANCE 631A, FOR A GAS WELL PAD SITE, LOCATED WITHIN THE PD -1 ZONING DISTRICT, AT 2405 PRECINCT LINE ROAD; 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 Town Council finds and determines, on the basis of facts presented on the application for a Specific Use Permit amendment, 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 Specific 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. 5. That the proposed amendments to the regulations contained in the Specific Use Permit approved by Ordinance 631A on August 10, 2009 are in the best interest of the Town of Westlake. WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the amending of Specific 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. Ordinance 671 Pagel of 3 NOW, THEREFORE, BE IT ORDAINED BY THE TOWN 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 regulations contained in the Specific Use Permit approved by Ordinance 631A on August 10, 2009, for a Gas Well Pad Site, located within the property at 2405 Precinct Line Road, owned by Maguire Partners. 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 amending of the Specific Use Permit approved by Ordinance 631 A.. SECTION 4: That the following amendments to notes on the exhibits that were made part of the application for the Specific Use Permit approved by Ordinance 631A on August 10, 2009 were considered: Amending all notes on the application exhibits, that were presented as a part of the Specific Use Application, and any reference to said notes in the Staff Recommendations section of the Staff Report provided to the Town Council and which the approval was made subject to, that make reference to a temporary chain link fence with all weather screening fabric to be installed after the first well is completed and removed after the final well has been completed or after one year from its installation, whichever comes first. The application and Staff Recommendation are being amended to allow delaying the installation of the required permanent fencing and landscaping until the installation of a production gas line capable of carrying gas from this Gas Well Pad Site, with the provision that if the production gas line is not installed within two (2) years from the date of this approval, or if development on property within 600 feet of this Gas Well Pad Site is permitted prior to the installation of the production gas line, the applicant must comply with the Landscape Plan. The permanent fencing and landscaping must be installed within 90 days of the applicant receiving notification from the town that the production gas line is in place and capable of transporting gas or that development has been permitted within 600 feet of the Gas Well Pad Site, or come back before the Planning and Zoning Commission and Town Council to seek an additional extension or alternate remedy. SECTION 5: That all provisions of Ordinance No. 631A not hereby amended shall remain in full force and effect. Ordinance 671 Page 2 of 3 SECTION 6: 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 7: 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 8: 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 9: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 24th DAY OF OCTOBER, 2011. Jop- ��pF WEIV ATTEST: 7-E`. p`5 Kelly Edwards, Town Secretary Laura Wheat, Mayor Thomas E. .g - ordinance 671 Page 3 of 3 400 W. 7TH STREET FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Dill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Customer ID: TOW27 Invoice Number: 318506771 Invoice Date: 10/28/2011 Terms: Net due in 21 days Due Date: 10/31/2011 PO Number: Order Number: 31850677 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates:l0/27/2011 -10/28/201 TOWN �I NO. I3580 1 34 34 LINE $17.29 $1,175.96 A'_A�� r , _8 �Tr ���� ($1,094.16) Sales Das �5T Al EE 7 7 1 M t f t>vc�.xHperc s tstx:. �+PP�oirs� � Mise Fee uT itl 2U.ti9fi t1hl tl� $10.00 31z ft?£ IaAWiWi t�ttt 5111 lnt bIST1�l C1�i i L�Bt7AiT'RI}tillx F ` Net Amount: ��tittettlliulU�fj91.80 I�it3fi41t1HIt111#3[Y d �� Tc�lsl�l �,aua trot t,1ts : �o l.° y i ,�'i�,.....,`�•.• I lel Q >�rolnl o �, SPRY pie , rzturatitr uip�at� nhe , V . 2 "A OF �i;it7t�x zsfq the �rdz� w II t�ant�iLbsb)zt t tlr e g CarilPY h zr5#ire tlliln r z riCE' "9�e OF c of ftte Tt�uytt Wtizi �� i °'••:�PIgo Rg•� �t�nvicttart 5h�il�tse �ctni���irl� Y� ®® .... • ° 07- 31 • ��N �fia�rrrialrtett>>�ti THE STNt PPIt� dry County c Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star -Telegram, published by the Star -Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in YRabove named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 Sinnari SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Octg6ey/3y,�2011. Notary Thank You For Your Payment ---------------------------.-__—_.-------------- Remit To: Star -Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 318506771 Invoice Amount: $91.80 PO Number: Amount Enclosed: