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Ord 793 Approving a Concrete Batch Plant Special Use Permit for Quail Hollow TOWN OF WESTLAKE ORDINANCE NO. 793 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIFIC USE PERMIT TO ALLOW A TEMPORARY CONCRETE BATCH PLANT AT THE ESTATES OF QUAIL HOLLOW SUBDIVISION, CURRENTLY UNDER CONSTRUCTION AND LOCATED NEAR THE SOUTHEAST CORNER OF DOVE ROAD AND DAVIS BOULEVARD. 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 municipality; and WHEREAS, the Town Council of the Town of Westlake finds it necessary for the public health, safety and welfare that development occur in a controlled and orderly manner; and WHEREAS, an application was made -for a Specific Use Permit to the Planning and Zoning Commission and the Town Council for a temporary concrete batch plant to be located at the Estates of Quail Hollow subdivision, currently under construction and located near the southeast corner of Dove Road and Davis Boulevard; 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,following provision of proper legal notice,including written notice to owners within 200 feet of the subject property,published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on September 13, 2016 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of said Specific Use Pen-nit request; and WHEREAS, following provision of proper legal notice,including written notice to owners within 200 feet of the subject property,published notice and posted notice in accordance with the Texas Open Meetings Act of public hearing, a public hearing was held on September 19, 2016 by the Town Council; and WHEREAS, the Town Council of the Town of Westlake, Texas, at said 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 Specific Use Permit 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 Ordinance 793 Page 1 of 3 WHEREAS, upon the recommendation of the Planning and Zoning Commission and after a public hearing, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that said Specific Use Permit request should be approved and granted. 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 Specific Use Permit for a temporary concrete batch plant to be located at the Estates of Quail Hollow subdivision, currently under construction and located near the southeast corner of Dove Road and Davis Boulevard, 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 pennitted 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. Ordinance 793 Page 2 of 3 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 19th DAY OF SEPTEMBER 2016. s �`z ATTEST: Lau"heat, Mayor I Kelly Edwa , Town Secretary Thomas E. Ary o n Manager APPROVE - TO R ok �-o �r L. f3 n ton'L ow6t-46Ixttorney TEXPS Ordinance 793 Page 3 of 3 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 338585601 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 9122/2016 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 9/30/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33858560 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 9/21/2016-9/22/2016 Description Location Col Depth Linage MLT Rate Amount TOWN OF WESTLAKE ORDINANCE NO. I3580 1 34 34 LINE $6.13 $417.08 Misc Fee $10.00 Net Amount: $427.08 OCT 2010 j " .t�'% DEBORAH JEAN BAYLOR `" Notary Public,State of Texos PST: My Commission Expires Countyo Tarrant October 29, 2019 Before me,a Notary Public in and forsaidCounty andState,this day personally appeared ChristyHoCland,Bids&LegatCoordinator for the Star-Telegram,published by the Star-Telegram, Inc.at Fort Wortk in Tarrant County,Teas:and who after being duly sworn, did depose andsay that the attacFied clipping of advertisement was published in the above named paper on the listed dates: BIDS d LEGs`1LS DE2'Z Star-`Iefegram.(1 S`tIBScRTBED AND SWORN To BEFORE ME, THIS DAYOFSEPZ 43,2016 Sgned NOTAR,'P4IBLIC 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: 338585601 Invoice Amount: $427.08 PO Number: Amount Enclosed: , t bF T4E I)RDINAN� ARI'bR0 A �N uES �i . A#pR6VIid tide USE PERP�tIT TO AL,LOVV A TWPORARY CONCRETE BATCH PLANT AT THE ESTATES OF, UAIL HOLLOW -SUBDIVISION CUR- RENTL, UNDER,,CONST UCTION- AND LOCATEDNEAR THE, SOUTHEAST CORNER OF MOUE, ROAD AND',DAVIS'$ ULEVARD. PR6VIOIN6 APENALTY,PR01iID� INCA A CUMULATIVE.; CLAUSE, pROVIOING= A-, SEVERABILITY CLAUSE, PROVIDING-A SAVINGS CLAUSE;AUTHORIZINC7 PUBLICA° TI&TIVS DATET5F I 4.That 4t,Parton, firth or corp+Sratlon taxa a +,— the pProvisionsor, sut, r1hie.Each C$w8t71h ` 'r day that a olat16h ts Per, land to OYI§t shallconstitute a sopto offense.,PAS AND APPROVED ON THIS IM DAY CIF SEPTEIdIBEP x016.