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Ord 180 Amending the Zoning of the Circle T RanchORDINANCE NO. 180 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49, AS AMENDED, TO REZONE THOSE TRACTS OF LAND AND CERTAIN PROPERTIES DESCRIBED HEREIN ON EXHIBIT "A" TO "P -PLANNED OFFICE PARK"; CHANGING THE ZONING MAP TO REFLECT SAID REZONINGS; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING SEVERABILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. WHEREAS, the Town of Westlake desires to rezone certain properties and tracts of land within the Town to prevent congestion in the streets; to secure safety from fire, panic and other damages; promote the health, safety, morals and general welfare of the Town; to prevent overcrowding of the land and undue concentration of population; to provide adequate light and air; and to facilitate the adequate provision of transportation, water, sewers, schools, parks and other public requirements; and WHEREAS, the Town of Westlake has published notice in an official newspaper and sent written notice to each resident and landowner affected by the proposed changes, all in accordance with the notice provisions of Chapter 211 of the Local Government Code of Texas; and WHEREAS, the Board of Aldermen has received a final report on the proposed zoning changes from the Planning and Zoning Commission of the Town of Westlake, NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That Ordinance No. 49, as amended, be and is hereby amended so that permitted uses in the hereinafter described areas be altered, changed and amended as follows: That the properties described in Exhibit "A" attached hereto and made a part hereof be rezoned from "L -Residential, Low Density", "H -Residential, High Density", "LR -Retail" and "I -Industrial" to "P -Planned Office Park". Said rezonings are also reflected on the Zoning District Map attached hereto as Exhibit "B" and made a part hereof. Section 2. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for the purpose of promoting the health, safety, morals and general welfare of the community. They have been designed to lessen congestion in the streets, to secure safety from fire, panic, flood and other dangers; to provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; to facilitate the adequate provisions of transportation, water, sewerage, parks and other public requirements. They have been made after a full and complete public hearing, with reasonable consideration, among other things, of the character of the district and its peculiar suitability for the particular uses and with a view of conserving the value of building and encouraging the most appropriate use of land throughout the community. Section 3. That this Ordinance shall be cumulative of all other Ordinances of the Town of Westlake affecting zoning and shall not repeal any of the provisions of such ordinances, except in those instances where provisions of such ordinances are in direct conflict with the provisions of this ordinance. Section 4. That all rights or remedies of the Town of Westlake, Texas, are expressly saved as to any and all violations of Ordinance No. 49 or of any amendments thereto of said Town of Westlake, Texas, that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations, the court shall have all of the powers which existed prior to the effective date of this Ordinance. Section 5. That all necessary notices have been issued and all requisite public hearings have been held in which every person desiring to do so had the free and fair opportunity to be heard. Section 6. It is hereby declared to be the intention of the Board that the sections, paragraphs, sentences, clauses and phrases of the ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared void, ineffective or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or unconstitutionality shall not affect any of the remaining phrases, clauses, paragraphs or sentences of this ordinance, since the same would have been enacted by the Board Town Council without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. Section 7. That any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this Ordinance shall be fined not less than Five Dollars ($5.00), nor more than One Hundred Dollars ($100.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. Section 8. That this Ordinance shall become effective and be in full force and effect from and after the date of its passage and publications, as required by law, and it is so ordained. PASSED AND APPROVED this day of April, 1990. le L. White, Mayor Town of Westlake, Texas ATTEST: Ge#y W 'te, Town Secretary To of Westlake, Texas APPROVED AS TO LEGAL FORM: Paul C. Isham, Town Attorney Town of Westlake, Texas EXHIBIT "A" F I E L D N O T E S Town of Westlake, Texas "P -Planned Office Park" District Boundary description for a tract of land in both Denton and Tarrant Counties, Texas, and being within the following Denton County Surveys: J. Bacon Survey, Abstract Number 1565; R. Eads Survey, Abstract Number 393, J. Eads Survey, Abstract Number 392; J. Gibson Survey, Abstract Number 493; G. Medlin Survey, Abstract Number 823; M. Medlin Survey, Abstract Number 832; M.E.P. and P.R.R. Co. Survey, Abstract Number 912; W. H. Pea Survey, Abstract Number 1045; Wm. Huff Survey, Abstract Number 519; and J. Sutton Survey, Abstract Number 1154; and said land lying within the following Tarrant County Surveys: L. Boggess Survey, Abstract Number 196; J. Gibson Survey, Abstract Number 592; G. B. Hendricks Survey, Abstract Number 680; Wm. Huff Survey, Abstract Number 648; M. Hunt Survey, Abstract Number 756; W. H. Martin Survey, Abstract Number 1068; W. Medlin Survey, Abstract Number 1958; Heirs of C. M. Throop Survey, Abstract Number 1510; and J. Walker Survey, Abstract Number 1604, and being more particularly described by metes and bounds as follows: Beginning at the northwest corner of the Second Tract conveyed to Rolling Green Co., Inc., in Volume 512, Page 530, Deed Records, Denton County, Texas, said point being in the south line of a county road; Thence South 89 degrees 50 minutes 00 seconds East with said road 599.8 feet, more or less, to a point; Thence South 00 degrees 10 minutes 00 seconds West 30.0 feet to a point; Thence paralleling a north, west, and south line of said Second Tract, and passing 30 feet south, east, and north of, respectively, North 89 degrees 50 minutes 00 seconds West 569.8 feet, South 00 degrees 15 minutes 00 seconds East 2342.5 feet, and South 68 degrees 48 minutes 50 seconds East 468.2 feet to a point; Thence South 32.2 feet to a point on the south line of said Second Tract in the northeast right-of-way of State Highway Number 114; Thence following said Highway right-of-way, South 68 degrees 48 minutes 50 seconds East a distance of 7,936.5 feet to a point, and South 71 degrees 03 minutes 20 seconds East approximately 3032 feet to a point; Thence departing the northeast right-of-way of said Highway Number 114, South 18 degrees 56 minutes 40 seconds West 100.0 feet to a point in the southwest line of said Highway; Thence with said southwest right of way line, North 71 degrees 03 minutes 20 seconds West approximately 300 feet to a point; Page 1 of 6 Thence South 00 degrees 28 minutes 23 seconds East 505.50 feet to a point; South 89 degrees 49 minutes 05 seconds West 257.15 feet to a point; South 00 degrees 36 minutes 05 seconds East 728.02 feet to a point; South 01 degrees 44 minutes 15 seconds West 319.96 feet to a point; South 20 degrees 00 minutes 24 seconds West 133.67 feet to a point; South 30 degrees 04 minutes 00 seconds West 176.46 feet to a point; Thence North 89 degrees 48 minutes 34 seconds East 1124.78 feet to a point; North 88 degrees 35 minutes 58 seconds East 204.51 feet to a point; South 00 degrees 33 minutes 00 seconds East 560.68 feet to a point; South 00 degrees 28 minutes 35 seconds East 2087.69 feet to a point in the north line of Dove Road; Thence South 89 degrees 57 minutes 44 seconds East 2350 feet, more or' less, to a point; Thence South 00 degrees 47 minutes 24 seconds West 460.91 feet to a point of the most southern southeast corner of Lot 1, Block 3, Westlake/Southlake Park Addition No. 1; Thence North 89 degrees 33 minutes 46 seconds East 1466.76 feet to a point; Thence with the east line and fence line of a 57.32 acre tract as follows: South 10 degrees 16 minutes 30 seconds East 279.3 feet; South 11 degrees 10 minutes 30 seconds East 142.3 feet; South 26 degrees 40 minutes 30 seconds East 97.9 feet; South 23 degrees 36 minutes 00 seconds West 1133.5 feet; and South 07 degrees 02 minutes 00 seconds West 580.3 feet to a point in the northeast line of County Road Number 3080; Thence in a southwesterly direction across said County Road Number 3080 to a point in the south line of said road and the center of a branch; Thence up said branch South 121.6 feet to a point on the west bank of said branch at a point 884 feet, more or less, west of the southeast corner of the aforesaid Throop Survey; Thence West along the south line of said survey 2178 feet, more or less, to a point in the west line of County Road Number 3035, and in the east line of the E. H. Reader 103.69 acre tract out of the W. H. Martin Survey, Abstract Number 1088; Thence South and southwest with the west line of said county road and the east line of said Reeder Tract to a point for corner; said point being at the southeast corner of the E. H. Reeder 103.69 acre tract; Thence West 2075 feet, more or less, with the south line of said Reeder Tract to a point for corner; said point being at the southwest corner of the E. H. Reeder 103.69 acre tract and in the east line of the Josiah Walker Survey, Abstract Number 1604; Page 2 of 6 Thence North with the east line of said Walker Survey, said Boggess survey, and said M. Hunt Survey, to a point for corner, said point being in the north right-of-way line of County Road Number 4080, also known as Dove Road; Thence Westerly with said north line of County Road Number 4080, to it's intersection with the east line of County Road Number 4057; Thence North with the east line of said County Road Number 4057 approximately 950 feet Thence West crossing said Road, approximately 60 feet to the northeast corner of the M. Current 40 acre tract; Thence North 89 degrees 20 minutes 00 seconds West 1320 feet, more or less, with the south line of the J. Glenn Turner 40 acre tract and the north line of said Current 40 acre tract to a point for corner at the' southwest corner of said Turner tract and the northwest corner of said Current tract, said point also being in the east line of the J. Glenn Turner 81.3 acre tract; Thence South 00 degrees 21 minutes 00 seconds West 1325 feet with the west line of Current 40 acre tract and the east line of the Turner 81.3 acre tract to a point for corner at southeast corner of said Turner tract; Thence South 89 degrees 54 minutes 00 seconds West 1335.54 feet with the south line of said Turner 81.3 acre tract to a point for corner at the southwest corner of said Turner Tract and being in the west line of the Jesse Gibson Survey and the east line of the William Huff Survey, Abstract Number 648; Thence South 00 degrees 02 minutes 00 seconds East 3261 feet, more or less, with the east lines of said Huff Survey and the J. Glenn Turner 60 acre tract to a point for corner at the southeast corner of the J. Glenn Turner 8.33 acre tract out of the A. Barnes Survey, Abstract Number 142, said point also being in the north line of Knox Road; Thence North 89 degrees 36 minutes 00 seconds West 750.55 feet with the south line of said Turner tract and the north line of said Knox Road to a point for corner at the southwest corner of said Turner 8.33 acre tract; Thence North 00 degrees 30 minutes 00 seconds West 433 feet, more or less, with the west line of said Turner 8.33 acre tract to a point for corner at the northwest corner of said Turner Tract and in the north line of A. Barnes Survey and south line of William Huff Survey, Abstract Number 648; Thence North 89 degrees 08 minutes 00 seconds West 100.55 feet with the south line of said Huff Survey to a point for corner at the southwest corner of the J. Glenn Turner 60 acre tract out of said Huff Survey; Page 3 of 6 Thence North 00 degrees 46 minutes 00 seconds East 951.39 feet with the west line of the J. Glenn Turner 60 acre tract to a point for corner at the southeast corner of the J. Glenn Turner 92 acre tract; Thence North 89 degrees 26 minutes 00 seconds West with the south line of said Turner Tract to a point for corner at the southwest corner of said Turner Tract and in the west line of Roanoke Road; Thence South 850 feet, more or less, to the southeast corner of the Charles J. Rodman 226 acre tract; Thence South 89 degrees 55 minutes 26 seconds West 5202.44 feet with the south line of said Rodman 226 acre tract; Thence North 24 degrees 50 minutes 00 seconds East 872.67 feet with the east right-of-way of Highway 377; Thence South 79 degrees 59 minutes 34 seconds East 311.15 feet to a point; North 27 degrees 42 minutes 55 seconds East 148.99 feet to a point; and North 79 degrees 29 minutes 34 seconds West 318.18 feet to a point in the east right-of-way of Highway 377; Thence North 24 degrees 50 minutes 00 seconds East with the east right- of-way of Highway 377 6024.81 feet to the southwest corner of a tract conveyed to the Tabernacle Baptist Church; Thence around said Church tract the following calls: East 470 feet, more or less, North 00 degrees 03 minutes 03 seconds West 263.22 feet, South 89 degrees 56 minutes 48 seconds West 352.5 feet; Thence North 24 degrees 39 minutes 00 seconds East 503.84 feet with the east right-of-way of Highway 377 to the southwest corner of a tract conveyed to the Lutheran Church Extension Fund - Missouri Synod; Thence North 89 degrees 46 minutes 00 seconds East to a point; South 176.39 feet to a point; and South 89 degrees 44 minutes 13 seconds East 655 feet, more or less, to a point in the east line of Roanoke Road; Thence North 1250 feet, more or less, with the east line of Roanoke Road and the west line of a 69.72 acre tract to the northwest corner of the J. Gibson Survey, Abstract Number 493; Thence South 89 degrees 24 minutes 00 seconds East 2314 feet, more or less, with the north line of said Gibson Survey to a point for corner at the northeast corner of the J. Glenn Turner 69 acre tract; Thence North 00 degrees 18 minutes 00 seconds East 1400 feet, more or less, to an angle point, then North 00 degrees 12 minutes 00 seconds East 279.72 feet to a point for corner; Page 4 of 6 Thence North 88 degrees 43 minutes 00 seconds East 237.71 feet to a point for corner in the west lines of the R. Eads Survey and the J. Glenn Turner 39.91 acre tract; Thence North 00 degrees 07 minutes 00 seconds East with the west lines of said Eads Survey and Turner Tract to a point for corner in the south line of Dallas Street (a street leading from the Town of Roanoke, Texas) and being at the northwest corner of the Turner 39.91 acre tract; Thence East following along the south line of Dallas Street approximately 1100 feet to a point in the southwest line of said Highway Number 114; Thence across said Highway right-of-way North 107.2 feet to a point in the south line of said Rolling Green Co., Inc. Second Tract, and the northeast line of Highway Number 114; Thence with said second tract and right-of-way line, North 68 degrees 48 minutes 50 seconds West 468.1 feet to the southwest corner of said Tract; Thence departing said Highway right-of-way, and with the west line of said Second Tract, north 00 degrees 15 minutes 00 seconds West 2393.2 feet to the Point of Beginning. Save and except the following tracts: (1) A tract conveyed to David Gene Parish and recorded in Volume 1183, Page 111, Deed Records, Denton County, Texas. (2) A tract conveyed to Gary Lynn Thomas and recorded in Volume 1183, Page 119, deed records, Denton County, Texas. (3) All of the following described tract: Beginning at a point for corner at the northwest corner of a cemetery tract out of the R. Eads Survey, Abstract Number 393; Thence South 01 degrees 28 minutes 00 seconds East with the west line of said cemetery tract and passing and the southwest corner and crossing a county road to a point for corner in the south line of said county road; Thence Westerly with the south line of said road to the most easterly northeast corner of a 17 acre tract annexed to the Town of Westlake by Ordinance Number 161; Thence South 00 degrees 14 minutes 07 seconds West leaving said south line of said road, along and near a fence, to a Page 5 of 6 fence corner post in the north line of a 37.43 acre tract conveyed to J. Glenn Turner; Thence East with said north line to a point in the east line of county Road Number 4057; Thence North and crossing said road to a point for corner in the north line of said road and the south line of said cemetery tract, said point being 200 feet east of the southwest corner of said cemetery tract; Thence East with the north line of said road and the south line of said cemetery tract to a point for corner in the east line of the R. Eads Survey; Thence North 00 degrees 09 minutes West with the east line of said Eads Survey and the east line of said cemetery tract to a point for corner at the northeast corner of said cemetery tract; Thence North 89 degrees 19 minutes West 811.11 feet with the north line of said cemetery tract to the Point of Beginning. Page 6 of 6