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Ord 630 Amending Chapter 102 to Allow Private Water Wells in All Zoning Districts without Specific Use PermitTOWN OF WESTLAKE ORDINANCE NO. 630 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS; AMENDING CHAPTER 102 OF THE TOWN OF WESTLAKE CODE OF ORDINANCES. AMENDING TH'E' LAND USE SCHEDULE TO ALLOW PRIVATE WATER WELLS IN ALL ZONIP4G DISTRICTS WITHOUT AN APPROVED SPECIFIC USE PERMIT; ADDING A SECTION REGULATING THE PLACEMENT AND SCREENING REQUIREMENTS FOR SURFACE EQUIPMENT RELATED TO A PRIVATE WATER WELL; PROVIDING A PENALTY CLAUSE; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE PATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting uIder its charter adopted by the electorate pursuant to the Texas Constitution, and the T ocal Ge vernment Code; and WHEREAS, the Town. Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens and property owners in the Town of Westlake, to allow Private Water Wells on all properties regardless of zoning district, without a Specific Use Permit; and WHEREAS, the Town Council of the Town of Westlake, Texas, finds it to be in the best interest of the citizens and property owners in the Town of Westlake, to regulate the location and screening of surface equipment related to Private Water Wells; and WHEREAS, the Town Council of the Town of Westlake, Texas, deems it environmentally conscientious to encourage the use of well water for irrigation purposes thereby preserving treated water for consumption, sanitation, and other uses; NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That, the above findings are hereby found to be true and correct and are incorporated herein in their entirety. SECTION 2: That Chapter 102 of the Town of Westlake Code of Ordinances is hereby amended to remove the requirement to obtain a Specific Use Permit for Private Water Wells in all zoning Districts. The modified portion of the Land Use Table shall read as follows: Chapter 102 ZONING'S Article III. Permissible Uses Division 1. Generally 1 Sec. 102-61. Land use schedule. Buildings, structures and land shall be used only in accordance with the uses permitted in the following land use schedule, subject to all other applicable requirements of this chapter, including article IV, district development standards: (1) The symbol "X" shall mean that the use is permitted as a principal use in that zoning district by right. (2) The symbol "S" shall mean that the principal use is permitted in that zoning district only after first obtaining a specific use permit (SUP) as set forth in this article. (3) The symbol "A" shall mean that this use is specifically permitted as an accessory use to a main use in the district. This does not exclude other land uses which are generally considered ancillary to the primary use. (4) The word "Yes" in the column titled "Site Plan" shall mean that site plan approval is required prior to issuance of a building permit, subject to the requirements of article VIII of this chapter, applications, section 102-314, Required Site Plan. (5) An asterisk (*) indicates that the use has special standards or requirements listed in. this section, which it must meet in order to be allowed. (6) A blank square shall mean that the use is not allowed in that zoning district as a principal use. (7) Any use not listed under Permitted Uses is not allowed. WESTLAKE LAND USE SCHEDULE TABLE INSET: SF Residential Permitted Uses Commercial R-5 -2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR O OH O-1 X !R X X X Private water wells X X X X X X SECTION 3: That ARTICLE IV. DISTRICT DEVELOPMENT STANDARDS., of the Town of Westlake Code of Ordinances is hereby amended by adding the following section: Sec. 102-72. PRIVATE WATER WELLS. All surface equipment related to the operation or maintenance of a Private Water Well shall comply with the following: a) Equipment and appurtenances shall be located on private property and clear of all easements. b) If the equipment and or appurtenances are to be located within a building, the building shall comply with all setbacks established for that zoning district. Equipment shelters that encroach into the building setback areas shall be decorative in nature and be incorporated into an approved landscape plan. 2 c) Equipment and appurtenances shall be screened from view as viewed from any adjacent property or right-of-way. SECTION 4: PENALTY. Any person, firm, or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for all violations involving zoning, fire safety or public health and sanitation, including dumping or refuse, and shall be fined not more than five hundred dollars ($500) for all other violations of this ordinance. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: CUMULATIVE CLAUSE. This ordinance shall be cumulative of all provisions of ordinances of the Town of Westlake, Texas, except where provisions of this ordinance are in direct conflict with the provisions of another ordinance, in which event the conflicting provisions of the other ordinance are hereby repealed. SECTION 6: SEVERABILITY CLAUSE. It is hereby declared to be the intention of the Town Council that the phrases, clauses, sentences, paragraphs, and sections are severable, and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, and sections of this ordinance, since they would have been enacted by the Town Council without the incorporation in this ordinance of the unconstitutional phrase, clause, sentence, paragraph or section. SECTION 7: SAVINGS CLAUSE. All rights and remedies of the Town of Westlake are expressly saved as to any and all violations of the provisions of the Code of Ordinances, Town of Westlake, Texas, as amended, or any other ordinances affecting such code which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 8: PUBLICATION. The Town Secretary of the Town of Westlake is hereby directed to publish in the official newspaper of the Town of Westlake, the caption, penalty.clause, publication clause and the effective date of this ordinance. SECTION 9: EFECTIVE DATE. This ordinance shall be in full force and effec�. from and after its passage and publication as required by law. PASSED AND APPROVED this 10 day of August 2009. z Sutte , Town Secretary APPROVYzI)-AS TOLEGAL FORM: L':�Stanton UQ�, of owfi Attorney Laura Whea , Mayor �hornas E. er Town k6nager Mit . THE STATE OF TEXAS COUNTY OF TARRANT I, i , SALES MANAGER of the Alliance Regional Newspapers of Bedford, 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: SEPTEMBER 9, 2009 TOWN OF WESTLAKE, TX ORDINANCE # 630 Sales Manager SUBSCRIBED AND SWORN TO before me on the day of Se Ap. __, to certify Ap- witness my hand and official seal. ~ _ - a m NOTARY PuITCIC, STATE O XAS AMANDA HENSARLING My Commission Expires �� December 05, 2012 My Commission Expires: aay'rL') a egad Legal/ LegaU LegaU f Legal/ Legal/ 01 T11 x bTis iotottces Pc€T>Tie No ices P-bTic Idioticas Public Notices x PazbTic l`botices T'ubTic I�iotices kation for a Project unless within omits, neglects or Contract Documents to Quicksilver Re- bined pipeline length crfic Use Permit 60 dais after the refuses #o comply may `be obtained sources Inc. and is 6,545.88 feet. lot reqquired for date of this Notice with or who resists from the ENGINEER Cowtawn Pipeline sale of alcoholic the City Council re- the enforcement of by payment of $125 L.P. The proposed All interested par- aragss for off- ceives < a petition any of the provisions for each set of doc- ppipeline change is ties and citizens will r>iss consume from more than SQ of this ordinance umen$s so obtained. locafied in the be iven an oppor- , located within per cent of the reg- shall be fined not NO REFUNDS; northeast corner of tunny to be heard at i at 3 Village istered voters of the more than Two tract 1 Caleb these meetings. For le, Suite 100. City requesting an Thousand Dollars A Bid Bond in the further information slec#ion on the Pro- ($2 000.00) for all amount e 5 0 y the Abstract Survey J, contact the office of ting the con ; ac "tabled by surety Abstract Ik 11ty' the City Secretary, ling the above: ,eet. violations :involving Tarrant County, vers can be A public hearing zoning, fire safety or acceptable surety Texas manning in a City ;of haslet, 101 g public health and steal{ be submitted Main Street as sed at the concerning this 'Pro- with each bid. A southwesterly dl - Make Town Hall ject will be held b sanitation, including rection along the Texas 760''2 {{817- y dumpin or refuse certiised check or 439 5931 ext. 5). ked at 3 Village the Board of Direc- bank ftpa F.M. 3�w 156 right and shag be fined s p Yable to Yon a roxi- le, Suite 202 tors at 7.00 p, m. on the Clty of Justin of -way f pp Dated this 9$h Day ween the hours' September 28 2009 more than five pun- may be submitted in mate{y eing 09 feet of September 2009. :00 a.m. and 5:00 in the City Nuncio dyed dollars ($500) and being more for all other viola- If of the Bid Bond, commonh described E!aine Simpson Monday Chambers, Justin tions of this ordi- The Cit of Justin as 800 biz k of F.M.p iagh Friday. Any Munic_lpal Comdex, Y oc City Secretary rested person 415 !North College Hance. Each day that reserves the right $o Flinry 156 North, The have an oppor Avenue' Justin, a violation !s per reject any or ael bids actual proposed ky to speak at Texas `76247. The mitted to exist shall or to waive any in- combined IllenLost and nublre hearing, public is invited to constitute a sepa formality in the len th is 3102.19 Found, rate offense. bidding, fes ' D _111 s€d you haus any 'attend ;and partici- Lost A Pet? ;tions regarding pate. Please direct PASSED AND AP- Date: 2. A plication from Check Humane upcoming case, any questions : to PROVED this 10 day August 30, 2009 Quicksilver Re - se Society contact: Virginia Blevins, of August 2009. City of Justin sources Inc. to North y To X. e Edwards Assistant City it amend Specific Use 12PM-5PM Ida Secrettr at City Advertisement By: Pike Evans Permit It P01270404 ys e{:cr of Planning Secretary at said Invitation Title: City to add a 4°`<saltwater /wk 1840 E. Lan - ,Development 940-648-2541x102. for Bids Administrator pippeline and 4" gas caster iageCircle,Suite 09/01/2009. The City of Justin CITY F HASLET !!ft line in a section flake, TX 76262 ORDINANCE will receive sealed NOTICE OF of the same ease- NO. l xstruetaon N®. 630 bids for 2009 Clean PUBLIC HEARING ment as the existing ie: 817.490.5726 Water Plant Expan 8" fathering line.MATH TUTaRING il. eedwards@ AN ORDINANCE OF sion until 2.00 p.m. Notice Is hereby Additionally, Quick by certified, expsri- dake-tx,org THE TOWN OF on Wednesday, given that the silver is requesting IESTLAKE, TEXAS; September 30 'Planning and Zoning to la a 411 saltwater enced teacher junior NOTICE OF AMENDING CHAP- 2069 at Cit of Commission will hold and 4" gas lift latera# high, high school, . PROJECT TER 102 OF THE Justin City Hall 415 a meeting at 6:30 lines to the Alliance college courses, ; VSIDERATIi7N TOWN OF WEST- N. Code e Ave' (or m• 'on Monde L Pad. Quicksilver reasonable rates ND I>€9BI�IC LAKE CGDE OF VK- mail to P 0 Box 129 S�ptsnber 28 2009 Resources Inc is also 817-847-4740 HEARIC$G D { N A N C E 'S . Justin, TX 76247.3 and the City Council requesting a title Justin Commu- AMENDING THE The bids will then be will hold a meeting name transfer from garage Sales Development LAND USE SCHED- publicly o ened and at 7:00 p.m. on Chief Oil and gas LLC Re - oration has ap- ULE TO ALLOW read aloin Monday, October 19, to Quicksilver Re- �d a Project for PRIVATE WATER Bid Documents may 2009. Both meetin s sources Inc. and WELLS IN ALL be viewed at various shall be held in the Cowtown Pipeline Heritage HOA cipatlon in the P kruction of an ZONING DISTRICTS plan rooms in the Community Room at L.P. The proposednit .sion of Oval- WITHOUT AN AP- area as well as the 105 Main Street pipeline changes areSa e Street to con- 'ROVED' SPECIFIC following locations: Haslet, Texas. Ai� located in the-1.9th with Boss USE PERMIT- ADD- these meetings the northeast corner of al1.35 lNG A StCTION Owner Planning and Zonin tract 1 Caleb� t on e Road, in the REGULATING THE City of Justin Commission and the O'Biiant Survey,�Trace.ruction of PLACEMENT AND 415'N. Co{!e e Ave. City Council will hold Abastract jk 1195,ay. t and South SCREENING RE- Justin, TX 76247 public hearin s con- Tarrant County. ng Areas and in 940-648-2541 gg °onstruction of QUIREMENTS FOR cernngthefotlowing Texas running in a tonal cit Sl1RFACE EQUIP- En matters. southwester! di Y Park MENT RELATED TO Engineer rection alone the lvements call- Belchef€ and 1. Application from g A PRIVATE WATER F.M. Hwy 156 b t ex end!- WELL PROVIDING A Associates Quicksilver R o of-wa f night- by the Co PO 100 Trophy Club sources Inc. to Y or apppproxi- PENALTY CLAUSE Dr mately2,574.51fset, I of up to an PROVIDING A CU= amend Specific use 1 i t ! o n a I Ste. 103 Permit ik P06140405 feet, west forHUGE 0;000 over a PROVIDING CLAUSE; ., approximately 96.71 KID'S Tropp�yy Club TX to add a 8 saltwater ty-four month PRaV{D{NG A SEV- 76262 ' „ feet, then turning CONSIGNMENT ERABILITY CLAUSE pipeline and 24 and heading north SALE! 3I The Board of 817-491-2776 gathering line in the g• clothing, toys, turn PROVIDING A SAV- for a proXrma$e!y equip; maternity, ors has found same easement as :his is a Project {NGS CLAUSE; AU- A mandatory re- 1 791.62 feet and 9 /1110-s 9 /1z 10 a the existing :i#y pant im- THORlZ{NG PUBL{- bid meeting will be g 8 hien heading wast ��13 1-z, gathering line which -25" Off Sale CATION- :AND ES- held at the City of for: a roximatel : 9 14 10-6:30 rnents suitable y will be converted p y / TABUS LING AN Justin City Hal{,415 304.29 etandbeing -1/2 Price sale necessary to N, Co�iege Ave., at into a gas lift line. more common{ de- 9/15 9-6 )te and ad- EFFECTIVE DATE. Quicksilver Re- Will Rogers. 3:00 pp.m, on Tues scribed as 70K-800 0900 F'AMILIESTO community SECTION 4: PENAL- day,' September 22, sources ;Inc is also blocks of F.M. Hwy jbfsale:com/fortwarth ?pment Irl the TY. Any per son, firm; 2009. requesting a tit{e 256 North. The ac - name or corporation whc, name transfer from tual proposed con indertake this violates, disobeys, Copies of the Bid/ Chief Oil and gas LLC