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Ord 627 Granting a Specific Use Permit for a Water Well located at 1802 High Country DriveTOWN OF WESTLAKE ORDINANCE NO. 627 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, BY GRANTING A SPECIFIC USE PERMIT FOR A PRIVATE WATER WELL, LOCATED AT 1802 HIGH COUNTRY DRIVE; 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 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. 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 granting 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. 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 Zoning Map of the Town of Westlake so as to grant a Specific Use Permit, for a private water well, located within the property at 1802 Nigh Country Drive, owned by Patrick Barley. 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 Specific 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 ($2,000.00) for each offense. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 8' DAY OF JUNE 2009. ATTEST: i Sutte , TRMC, Town Secretary APPROVE AST ORM: L. tanton L Attorney Laura Wheat, Mayor 7/6W - - Thomas E. Bry r T n Manager THE STATE OF TEXAS COUNTY OF TARRANT ADVERTISING MANAGER of the Alliance Regional Newspapers of Southlake, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: JUNE 24t1i , 2009 TOWN OF WESTLAKE ORDINANCE #627 Advertising Manager SUBSCRIBED AND SWORN TO before me on the day of to cMOTARY ess my hand and official seal. ANoANSARLINoLIC STATE TEXAS �xp�res� n5, 20i2 ye� De G6;TI$€a �°"°° My Commission Expires:(D cr,