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Ord 140 Amending Comprehensive Zoning OrdinanceORDINANCE 140 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS AI4ENDING THE COMPREHENSIVE ZONING ORDINANCE NO. 49; AS AMENDED, SAME BEING AN ORDINANCE REGULATING AND RESTRICTING THE LOCATION AND USE OF BUILDINGS, STRUCTURES, AND LAND FOR TRADE, INDUSTRY, RESIDENCE OR OTHER PURPOSES, THE HEIGHT, NUMBER OF STORIES AND SIZE OF BUILDINGS AND OTHER STRUCTURES, THE SIZE OF YARDS AND OTHER OPEN SPACES, OFF-STREET PARKING AND LOADING, AND THE DENSITY OF POPULATION, AND FOR SUCH PURPOSES DIVIDING THE MUNI- CIPALITY INTO DISTRICTS OF SUCH NUMBER, SHAPE AND AREA AS MAY BE DEEMED BEST SUITED TO CARRY OUT THESE REGULA- TIONS AND SHOWING SUCH DISTRICT AND THE BOUNDARIES THEREOF UPON "DISTRICT MAPS," PROVIDING FOR INTERPRETA- TION, PURPOSE AND CONFLICT; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERA- BILITY CLAUSE; PROVIDING A PENAL CLAUSE; AND MAKING AN EFFECTIVE DATE. BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1. That Ordinance No. 49 be and is hereby amended so that permitted uses in the hereinafter described area be altered, changed, and amended as follows: That the property described on Exhibit "A" attached hereto and made a part hereof be rezoned from "L" - Residential, Low Density to "P" - Planned—=ice Park. SECTION 2. That the zoning regulations and districts, as herein established, have been made in accordance with the comprehensive plan for tine 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 parti- cular 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 pro- visions of this ordinance. SECTION 4. That all rights or remedies of the Town of Westlake, Texas, are ex- pressly 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. It is hereby declared to be the intention of the Town Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and if any phrase, clause, sentence, para- graph or section of this ordinance shall be declared void, ineffec- tive or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such voidness, ineffectiveness or uncon- stitutionality 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 without the incorporation hereof of any such void, ineffective or unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. 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 7. 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 the F Z& day of 198,57 Dale L. White, Mayor Town of Westlake, Texas Attest: Gey Wh'te, Secretary ToUn of Westlake, Texas -2- All that certain tract or parcel of land situated in the William H. Pea Survey, Abstract 1045 and the Wilson Medlin Survey,._ Abstract 1958, Denton County and Tarrant County-' Texas, and being the same tract described on a deed from Mrs. A.L. Heath, et al. to P.M. Loftis, et ux, on the 6th day of February, 1964, recorded in Volume 521, Page 405, Deed Records of Denton County, Texas, and being more fully described as follows: BEGINNING at a steel pin on the South right-of-way of State Highway 114 and the Northernmost Northeast corner of said Loftis tract which is the Northwest corner of a (called) 33.347 acre tract described in a deed from Dr. Carroll W. Browning to Helen M. Browning on the 24th day of December, 1975, recorded in Volume 782, Page 411, Deed Records of Denton County, Texas; THENCE S. 0003148" W. with the East boundary line of said Loftis tract and the West boundary line of said Browning tract a distance of 1219.76 feet to a steel pin at a fence corner; THENCE S. 89°51'40" E. with a fence a distance of 71.28 feet to a steel pin; _ THENCE S. 0029131" W. with a fence a distance of 228.84 feet to a 2" iron pipe at a fence corner; THENCE S. 88034129" W. with a fence a distance of 412.74 feet to a steel pin at a fence corner; THENCE S. 89051155" W. with a fence a distance of 1124.44 feet to a steel pin at a fence corner on the East boundary line of Precinct Line Road; THENCE N. 28051'48" E. with the -East boundary line of said road a distance of 165.0 feet to a steel pin; THENCE N. 23025'29" E. with the East boundary line of said road a distance of 98.03 feet to a steel pin; THENCE N. 12052'42" E. With the East boundary line of said road a distance of 100.0 feet to a steel pin' THENCE No. 0°10'30" W. with the East boundary line of said road a distance of 993.46 feet to a steel pin at a fence corner; THENCE N. 89049'051' E. a distance of 257_.0 feet to a steel pin at a fence corner; THENCE N. 0028123" W. with a fence a distance of 507.0 feet to a steel pin on the South right-of-way of State Highway 114; THENCE S. 70059127" E. with the South right-of-way of State Highway 114 a distance of 1140.6 feet to the point of begin- ning and containing in all 49.0997 acres of land. EXHIBIT "B"