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Ord 766 Approving a Specific Use Permit to Allow Beer, Liquor, and Wine Package Sales at the CVS Pharmacy TOWN OF WESTLAKE ORDINANCE NO. 766 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIFIC USE PERMIT TO ALLOW BEER, LIQUOR, AND WINE PACKAGE SALES AT THE CVS PHARMACY TO BE CONSTRUCTED AT 35 ARTA DRIVE, BEING LOT 3,BLOCK N, OF THE WESTLAKE ENTRADA DEVELOPMENT WITHIN THE PD 1 ZONING DISTRICT, PLANNING AREA 2 (PD 1-2). PROVIDING A PENALTY; PROVIDING A CUMULATIVE CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS,the Town of Westlake, Texas is a general law Town; and WHEREAS, application was made for a Specific Use Permit to the Planning and Zoning Commission and the Town Council for package sales of beer, liquor and wine at CVS Pharmacy, located at 35 Arta Drive within the PD 1-2 zoning district; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools,parks, and other public requirements; and WHEREAS, the Town Council of the Town of Westlake has determined that this request is in conformance with the approved Concept Plan and approved PD Site Plan to permit beer, liquor, and wine package sales at the CVS Pharmacy located at 35 Arta Drive within the PD 1-2 zoning district; and WHEREAS, upon the recommendation of the Planning and Zoning Commission on January 4, 2016, the Town Council of the Town of Westlake, Texas, has determined that it is in the best interests of the town and its citizens, that the Special Use Permit should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: Ordinance 766 Page 1 of 2 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 Specific Use Permit for package sales of beer, liquor and wine at the CVS Pharmacy located at 35 Arta Drive within the RD 1-2 zoning district is hereby granted. SECTION 3: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. 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 Code of Ordinances 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. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25`h DAY OF JANUARY 2016. ATTEST: Laura`Wheat, Mayor 7 T441 Kelly Edwahts, Town Secretary Thomas E. Brymer, o n anager APPROVE AS,TO F OF �FS L. Cia n Lo y, o ttorney �F X AS Ordinance 766 Page 2 of 2 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 336776211 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 1/30/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 1/31/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33677621 BLDG 4 STE 4202 Sales Rep: 047 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 1/29/2016-1/30/2016 l)escr>!pt>tc�m Location Cole= t13 Linage ,11CT Rate Ailtc>,unt TOWN OF WESTLAKE ORDINANCE NO. I3580 1 35 35 LINE $6.13 $429.20 Misc Fee Ttfi4 $10.00 t3ADINANCI tett d6 A ORDINAI E{IF=�TOWN 4F WESTLAKE APPROVING A CIFIC USE PERN[IT TO ALLOW' " ATCS GSAL STNEVMAR WIACV Tct 9E CONSTRUCTED AT Net Amount: $439.20 35 JtRTA DRIVE, BEING LOT 3, BLOCK nt, CIF "CINE WESTLA4 THE,pSA DEVELOPMENT IINDISTRiar, PLANNING AREA, 2 (PI) 1 ?. I PROVAINC U' LA­PEAN,TIVE`CrLAUSE, PROVIDING . A SEVERABILITY .AUS P 0URIING viNGS CLAUS AUTP� InI PU$LtCA- „ ,,. TIMI, �W`ESTABLAANG AN, ,s�:�:°`By, DEBORAH JEAN SAYLOR EFFECTiVET3ATE SEC=Ttttltt 4 That Notary Public.State at Texas gst My Commission Expires HE STATE O T trot tni r�� �I ,< ��'� ° ;E>•, October 29. 2019 oun o Tarrant tyns #e to ter Is►1 � o r� Ia� � iefore me,a iota ��� Ttif� ba ;;andState, this day personally appeared ChristyHotfawf,,Bids&LegatCoordinator �P ,.t?tit dol^�D P �rrs� aays s �1#r+". , �Itt1, 7r the Star-Tetegrt s. to 0xtstt. snstt t a �n dram,Inc.at Fort`!North,in Tarrant County,Te,Xas:and who after being duty sworn, Ifi'onse PA 5ED Anlb PPtZQV t iddeose andsai lt5-th 'rrF tA ! "rfvertisement was pubtrshed in the above named paper on the listed dates: UDS&LEG LS DEPT:Star-Telegram.(317)390-7037 SUBSCRIBED AND SWORNTO BEFORE ME, HIS DAYOF Febuary r j D 2016 S�qned Thank You For Your Payment TCoTAUTuBLlt_%,U Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 336776211 Invoice Amount: $439.20 PO Number: Amount Enclosed: