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Ord 839 Approving a Temporary Concrete Batch Plant Special Use Permit for Charles Schwab Phase 1 TOWN OF WESTLAKE ORDINANCE NO. 839 AN ORDINANCE OF THE TOWN OF WESTLAKE APPROVING A SPECIFIC USE PERMIT TO ALLOW A TEMPORARY CONCRETE BATCH PLANT AT THE CHARLES SCHWAB CORPORATE CAMPUS PHASE 1, PLANNED DEVELOPMENT DISTRICT 3, PLANNING AREA 5B, A 71.4 ACRE SITE, CURRENTLY UNDER CONSTRUCTION AND LOCATED SOUTH OF SH 170 AND SH 114 INTERSECTION, NORTH OF JT OTTINGER RD AND WEST OF WESTLAKE PARKWAY. 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 Charles Schwab Campus (PD3-5B), currently under construction and located south of the intersection of SH 170 and SH 114, north of JT Ottinger Road, and west of Westlake Parkway; and WHEREAS,the area known as Planning District 3,Planning Area 5B,requires an Specific Use Permit for temporary concrete batch plants ; 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 November 13, 2017 by the Planning and Zoning Commission (Commission) whereby the Commission recommended to the Town Council approval of said Specific Use Permit request with conditions; 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 November 27, 2017 by the Town Council; and 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 Ordinance 839 Page I of 4 is in the best interests of the Town and its citizens that said Specific Use Permit request should be approved and granted with conditions. 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 Planning District 3, Planning Area 5B (as shown in "Exhibit A") also known as the Charles Schwab Corporate Campus (currently under construction) and located is south of the intersection of SH 170 and SH 114, north of JT Ottinger Road and west of Westlake Parkway, is hereby granted with the following conditions: 1. The batch plant must comply with all existing TCEQ and EPA regulations for concrete batch plants. 2. The applicant must acknowledge compliance with all TCEQ and EPA regulations for concrete batch plants. 3. Noise (measured from property lines)must not exceed the decibel limits established by Town Ordinances. 4. The batch plant must be removed from the site before the issuance of a Certificate of Occupancy for any one building located on the Charles Schwab Corporate Campus Phase 1 construction. 5. No concrete shall be used for projects other than for the Charles Schwab Corporate Campus Phase 1 without specific approval from the town. 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. Ordinance 839 Page 2 of 4 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 27TH DAY OF NOVEMBER 2017. ATTEST: Lau a Wheat, Mayor Kelly Edwards', Town Secretary Thomas E. Brym ffranajer - l APPROVE TO RM: L. t n Lo y-� o Attorney TEXAS Ordinance 839 Page 3 of 4 1 H2 1 1.1-R4�2IF133 PC[R,2 tE 4.1 32 s C 6 �J FC2�4 r A B G D E F G H J K- K / *GCP ❑ � � F \ �\ 1 D l `T \ \ � /02 Cl I I I I I I ❑ 6' C � , 02 38 II ❑ \ \ \ WCFl Temp103 -a- _ _ -a- - - - \ \ \ \ \\" \ \ "\/ I I I I I I I I '\/ \ /\ / � \ 04 Schwab ■ 05 - - -- - - -+ ��/� ' /,\�/ \_ \ 106 - - -�_ _�- - -� - /" \ \ ��\ I ar � n I I I I I I � \ 5 NN OF PaFkinn -- X24 _ _ _ I I I I I PWR1 —09, DPR- 115 - - - - -�_ -T- - --- ----------- - II SF 2GGP I — — — =,o' MEP - - - -��-�-� — --MI6 C1, I 1 11 I 21 2 —�? 112 - �- -�- � -�I-�---�- -I -_ S S v1 1 1 1 II 1 1 1 A.3'A.9' C.1' D.1' E.2'E.5'E.9' I 0 LS 113 - f 14 11 I 03 12t0' 115 -�- BC4 GCP3 43 I I I I I I II I Connex and La down Mockup g06 1 C2 Y p oEs 116 -�-�- -� 0 0 0 � � A. II ^ ^7 ^ ^ ^ nG ^1 J. (K� L. (M.) 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PO AmaN G4 Own 809818 OW94tT519 TOWN OF WESTLAKE ORDINANCE NO.699 At BABa.80 1 1 40.00 U Attention: THE STATE OF TEXAS TOWN OF WESTLAKE County of Tarrant 1301 SOLANA BLVD Before me,a Notary Public in and for BLDG 4 STE 4202 said County and State,this day ROANOKE,TX 762627940 — —... personally appeared CHRISTINE _... LOPEZ,Bid and Legal Coordinator for the Star-Telegram,published by the Star-Telegram. Inc.at Fort Worth, in Tarrant County,Texas;and Who,after being duly swam,did depose and say that the attached clipping of an advertisement was TOWN OF WESTLAKE published in the above named paper AN ORDINANCE HF THE TOWN OF On the listed dates: CIFICTUSEEPERMIT APPROVING A TEMPORARY CONCRETE BATCH PLANT AT THE CHARLES SCHWAB CORPO. RATE CAMPUS PHASE 1,PLAN- 2 Insertion(s) 3, PLANNING AREA5BAm714 ACRE SITE,CURRENTLY UNDER Published On: CONSTRUCTION AND LOCATED SOUTH OF SH 170 AND SH 114 December 01,2017,December 02, INTERSECTION, NORTH OF JT OTTINGER RD AND WEST OF 2017 WESTLAKE PARKWAY. PRO. VIOING A PENALTY PROVID- ING A CUMULATIVV CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAV- INGS CLAUSE; AUTHORIZING PUBLICATIONAND ESTAS- LISHING AN AFFECTIVE DATE. SECTION 4: Thatyy firm or corporation vlolatpner,r any son, Of the omVislons or terms of tolther ame Penalty aseprovi)ded for In the Code of Ordinances of the Town of Westlake,and upon convlcHon shell be punishable , by a fine not to exceed the sum Of Two Thousand Dollars ($2,000.00) for each offense. Each day Mer (PdndpelCbrYJat a violation Is D mltted to exist shall constitute ANDPAPPRO te Worse.ON THIS 27TH SUBSCRIBED AND SWORN TO DAY OF NOVEMBER 2017. BEFORE ME,THIS 4th day of December in the year of�U``22017 c2i Notary Public cUCKL+ LEEP .dd to Or 7aN89 cxppe9 09-24-2021 'D 128058260