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Home My WebLink AboutOrd 733 Approving a Specific Use Permit for a temporary concrete batch plant in Planned Development PD-1 TOWN OF WESTLAKE ORDINANCE NO. 733 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING ORDINANCE 202, THE PDI ZONING DISTRICT, OF THE TOWN OF WESTLAKE, TEXAS, BY APPROVING A SPECIFIC USE PERMIT FOR A TEMPORARY CONCRETE BATCHING PLANT TO BE LOCATED AT 1840 SAM SCHOOL ROAD; 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 LIEF; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Town of Westlake, Texas is a general law Town acting under its charter adopted by the electorate pursuant to the Texas Constitution, and the Local Government Code; and WHEREAS, the Planning and Zoning Commission of the Town of Westlake and the Town of Westlake Town Council, in compliance with the Code of Ordinances of the Town of Westlake and State Law with reference to the approving 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 Town Council 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. 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 a Temporary Concrete Batch Plant to be placed on the subject property; NOW, THEREFORE, E 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 Ordinance 703 be amended by approving a Specific Use Permit for a temporary concrete batching plant. Located within the property at 1840 Sam School Road. SECTION 3: That the above described property shall be used only in the manner and for the purpose provided in the Unified Development Code, the Comprehensive Zoning Ordinance of the Town of Westlake, and the following conditions: 1. No concrete shall be used for projects other than on-site improvements without specific approval from the town. On-site shall mean within the Granada Project and adjacent right-of- ways. 2. No dust shall leave the property. 3. Hours of operations shall be limited to 8:00 AM. - 5:00 PM, Monday—Friday. 4. Noise must not exceed the decibel limits allowed by town ordinances. 5. The batch plant must be removed from the site within 90 days from the installation date. Ordinance 733 Pagel of2 6. Establishing the preferred route being State Highway 114 to Solana to Sam School road. 7. Reclamation and re -vegetation of the site to Town standards after removal of the plant. 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 19TH DAY OF MAY, 2014. ATTEST: Kell Edwa�c s, Town Secretary 11 i 11111 Pill] 111! 51 , Town Attorney Laura Wheat, Mayor Tom yin , Town Manager Ordinance 733 Page 2 of 2 119 808 Throckmorton St. FORT WORTH, TX 76102 (817)390-7761 Federal Tax ID 26-2674582 Dill To: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 WESTLAKE, TX 76262-7940 Customer ID: TOW27 Invoice Dumber: 330105061 Invoice Date: 5/22/2014 'Perms: Net due in 21 days Due Date: 5/31/2014 PO Dumber: Order Dumber: 33010506 Sales Rep: 073 Description: TOWN OF WESTLA Publication Date: 5/22/2014 County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 sworn, did depose and say that the attached clipping of an advertisement was published in the at�gve named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 a( \ t e () SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, Ma 22, 2,�1 ? I Notary Public j v� 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: 330105061 Invoice Amount: $136.20 PO Number: Amount Enclosed: Star -Telegram Customer ID: TOW27 808 Throckmorton St, Invoice Dumber: 330125901 FORT WORTH, TX 76102 Invoice Date: 5/24/2014 (817) 390-7761 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 5/31/2014 Dill To: PO Number: TOWN OF WESTLAKE 3 VILLAGE CIR STE 202 Order Dumber: 33012590 WESTLAKE, TX 76262-7940 Sales Rep: 073 Description: TOWN OF WESTLA Publication Dates: 5/23/2014 5/24/2014 eatlot : Chit !... , Debi Lna� R> , aunt TOWN;OF air rsa SIO. I3580 1 34 34 LINE $6.13 $417.08 Misc Fee, ;Pt $10.00 Net Amount: $427.08 Z{iiUii€R OiftNA4CE E Nb 46 'qF:' TF1E r tisam ;, I 1C>. �a, Foy CH iSTY bill i§ TOWN OF WFtTiLiONiJ CONVICTION, SAALL'I3E PUNISH` Notary P uo!ic, Stout^ Oi T2Xt35 ABLE Y A FINE NQT TO EXCEED-,—� � � = p,4y Commission Expires 71iE'Slill?I OF THo0 ANi g„„=> ltj 3i} b r THE STATS EOA �E �S 1T i OAS F County of 1�:.�" .. , Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor, 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 sworn, did depose and say that the attached clipping of an advertisement was published in the ab med paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817)215-2323 1g�e nan r n n SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday, May 30,201 Notary Public_ 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: 330125901 Invoice Amount: $427.08 PO Number: Amount Enclosed: