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Ord 508 Approving an application for a specific use permit for a private water well at 2013 Post Oak PlaceTOWN OF WESTLAKE ORDINANCE NO. 508 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 2013 POST OAK PLACE; 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 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; and 2. That the well is located outside of any dedicated easements recorded on the final plat and not within 15 feet from the rear property line; and 3. 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; 4. That the proposed use will not impair development of adjacent and nearby property in accordance with said Comprehensive Plan; 5. 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 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 Board of Aldermen 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 BOARD OF ALDERMEN 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 2013 Post Oak Place, owned by Mr. Anthony Lekkos. 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 with the condition that the well be located outside any dedicated easements recorded on the final plat and not within fifteen (15) feet from the rear property line. 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 ($2,000.00) for each offense. SECTION 5: If any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. SECTION 6: In addition to and accumulative of all other penalties, the Town shall have the right to seek injunctive relief for any and all violations of this ordinance. SECTION 7: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25" DAY OF SEPTEMBER, 2006. ATTEST: Town Secretary APPROVED AS T L. ton L ,'To orney Scott Bradley, Mayor Trent O. Petty, Town ager THE STATE OF TEXAS LCtIt-) Sales Manager of he Alliance Regional Newspapers of Southlake, Texas, a newspaper of general circulation which has been published in Tarrant County and Denton Counity regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: � I �$ �11 I Saes Manager before me on th6��] day of 'ch wi, ss ray and official seal. YWBIAC, -9TATE OF, TEXAS TARA HUTCHINS COMMISSION eyPRES MY APRIL6,200'a My Commission Expires: