HomeMy WebLinkAboutOrd 428 Amending the Zoning for 24.59 acres Government UseTOWN OF WESTLAKE
ORDINANCE NO. 428
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS BY AMENDING THE
OFFICIAL ZONING MAP TO REZONE THOSE TRACTS OF LAND AND
CERTAIN PROPERTIES DESCRIBED HEREIN AND SHOWN ON EXHIBIT
"A" TO "GU" GOVERNMENTAL USE; CHANGING THE ZONING MAP TO
REFLECT SAID REZONINGS; PROVIDING FOR A SEVERABILITY CLAUSE;
PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on August 24, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Plan for the Town; and
WHEREAS, on November 13, 1992, the Board of Aldermen of the Town of
Westlake, Texas adopted a Comprehensive Zoning Ordinance; and
WHEREAS, on September 15, 1997, based upon the recommendations of the
Planning and Zoning Commission, the Board of Aldermen of the Town of Westlake,
Texas amended the Zoning Ordinance and the subdivision regulations by adopting a
Unified Development Code for the Town of Westlake (the "Town"); and
WHEREAS, the Town has published notice in an official newspaper and sent
written notice to each resident and landowner affected by the proposed change, all in
accordance with the notice of provisions of Chapter 211 of the Local Government Code
of Texas; and
WHEREAS, Article III, Section 2, D of the "Rules for Interpretation of District
Boundaries" of the Comprehensive Zoning Ordinance authorizes boundaries to be
determined according to the scale of the Official Zoning Map in cases where no specific
distances are indicated on the Official Zoning Map; and
WHEREAS, the boundaries of the property to be rezoned has been determined
according to the scaled distances of the Official Zoning Map as amended February 7,
1997 by Ordinance 262, and
WHEREAS, the Town has proposed this zoning change to the Comprehensive
Zoning Ordinance of the Town and has received a report from the Planning and Zoning
Commission of the Town, as required by State statutes and the conditions and
prerequisites have been complied with, the case having come before the Board of
Aldermen (Board) of the Town after all legal notices, requirements, conditions and
prerequisites have been complied with; and
WHEREAS, the Board, at a public hearing called by the Board, did consider the
following factors in making a determination as to whether the requested changes should
be granted or denied: safety of the motoring public and the pedestrians using the facilities
in the areas immediately surrounding the effected zoning districts; safety from fire
hazards and measures for fire control, protection of adjacent property from flood or water
damages, noise producing elements and glare of the vehicular and stationary lights and
effect of such lights on established character of the neighborhoods, location, lighting and
types of signs and relation of signs to traffic control and adjacent property, street size and
adequacy of width for traffic reasonably expected to be generated by the proposed uses
around the effected zoning districts and in the immediate neighborhoods, adequacy of
parking, location of ingress and egress points for parking, and protection of public health
and the general welfare, effect on light and air, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and
WHEREAS, the Board further considered the character of the effected zoning
districts and their peculiar suitability for particular uses and with the view to conserve the
value of buildings, encourage the most appropriate use of land throughout this town; and
WHEREAS, the Board does find that there is a public necessity for the proposed
zoning ordinance amendments, that the public interest clearly requires the amendment,
that the zoning ordinance amendments do not unreasonably invade the rights of those
who bought or improved property with reference to the classifications which existed at
the time their original investment was made, and does find that the changes in the zoning
ordinance promote health and the general welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE TOWN OF WESTLAKE, TEXAS:
SECTION 1: 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: The property being rezoned by this action shall be generally
described as follows:
Approximately 24.59 acres of land located in the J. Gibson Survey, A-
592, R. Eads. Survey, A-492 and Jesse Sutton Survey, A-145, Tarrant
County, Texas, said parcel being located at 2600, 2650 and 2674 J. T.
Ottinger Road..
SECTION 3: The Comprehensive Zoning Ordinance of the Town of Westlake,
Texas shall be amended so that the permitted uses for the property described in Section 2
of this ordinance be rezoned from "PD" Planned Delopment to "GU" Governmental Use
as shown on Exhibit "A" and as described in Section 2, above.
2
SECTION 4: Sections, paragraphs, sentences, phrases, clauses and words of this
Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word
in this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the
validity of the remaining portions of this ordinance, and the Board hereby declares that it
would have passed such remaining portions of this Ordinance despite such invalidity,
which remaining portions shall remain in full force and effect.
SECTION 5: This Ordinance shall be cumulative of all other ordinances of the
Town affecting the regulations of land and zoning and shall not repeal any of the
provisions of those ordinances except in those instances where the provisions of those
Ordinances are in direct conflict with the provisions of this Ordinance.
SECTION 6: It shall be unlawful for any person to violate any provision of this
Ordinance, and any person violating or failing to comply with any provision hereof shall
be fined, upon conviction, in an amount not more than Two Thousand Dollars ($ 2,000)
and a separate offense shall be deemed committed each day during or on which a
violation occurs or continues.
SECTION 7: This Ordinance shall become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 23RD DAY OF SEPTEMBER, 2002.
ATTEST:
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APPROVED AS TO FORM:
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L. §ttdnton L ,• T'own Attorney
Scott Bradley, Mayor
Trent O. Petty, To)km Manager
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BOUNDARY DESCRIPTION Q?,�) A-7.0
BEING a 24.59 acre tract of land situated in the Jesse Gibson Survey, Abstract No. 592, the
Richard Eads Survey, Abstract No. 492, and the Jesse Sutton Survey, Abstract No. 1451, Tarrant
County, Texas, Town of Westlake, being all of a tract of land conveyed by deed to Town of
Westlake, as recorded in Volume 15818, Page 117, Deed Records Tarrant County, Texas. Said
24.59 acre tract of land being more particularly described by metes and bounds as follows:
COMMENCING at a found 1/2 inch iron rod for comer, said point being the northeast comer of
the Carpenter Addition, as recorded in Volume 388-117, Page 32, Plat Records, Tarrant County,
Texas, and being in the west fence line of Ottinger Road, a paved, publicly traveled roadway (no
record of formal dedication found);
THENCE North 00°16'30" West, generally along said west fence line of Ottinger Road, for a
distance of 926.97 feet to the POINT OF BEGINN G, said point being the point of curvature of
a compound curve to the right, having a delta of 08°16'47", a radius of 431.00 feet and a chord
bearing and distance of South 85°41'33" West, 62.23 feet;
THENCE southwesterly, leaving said west fence line, and following along the are of said
compound curve to the right, for a distance of 62.28 feet to a set 112 inch iron rod for comer;
THENCE South 89°49'56" West, for a distance of 1,012.80 feet to a set 1/2 inch iron rod for
corner;
THENCE North 23°41'47" West, for a distance of 109.17 feet to a set 112 inch iron rod for corner;
THENCE North 54°16'31" West, for a distance of 60.78 feet to a set 1/2 inch iron rod for comer;
THENCE North 34°58'57" West, for a distance of 140.91 feet to a set 112 inch iron rod for comer;
THENCE North 11°10'47" West, for a distance of 94.09 feet to a set 1/2 inch iron rod for corner;
THENCE North 21024'47" West, for a distance of 39.07 feet to a set 1/2 inch iron rod for comer;
THENCE North 07°25'33" West, for a distance of 180.88 feet to a set 112 inch iron rod for corner;
THENCE North 66°58'16" West, for a distance of 192.21 feet to a set 1/2 inch iron rod for corner;
THENCE North 89°5259" East, generally along a fence line, for a distance of 1,710.01 feet to a
set 112 inch iron rod for corner, said paint being in the east fence line of said Ottinger Road;
THENCE North 00°57'18" West, generally along said east fence line, for a distance of 468.50 to a
set 1/2 inch iron rod for comer, said point being the point of curvature of a non -tangent curve to the
left, having a delta of 272772", a radius of 1,159.96 feet and a chord bearing and distance of
South 32°50'17" East, 550.55 feet;
THENCE southeasterly, leaving said east fence line, and following along the are of said non -
tangent curve to the left, for a distance of 555.85 feet to a set 1/2 inch iron rod for comer;
THENCE South 48°47'21" East, for a distance of 61.26 feet to a set 112 inch iron rod for comer;
THENCE South 38°58'25'° West, for a distance of 195.82 feet to a set 1/2 inch iron rod for corner,
said point being the point of curvature of a curve to the left, having a delta of 12°54'50", a radius of
614.00 feet and a chord bearing and distance of South 32°31'00" West, 13 8. 10 feet;
THENCE southwesterly, along the are of said curve to the left, for a distance of 138.39 feet to a
set 1/2 inch iron rod for corner;
THENCE South 26°03'35" West, for a distance of 100.00 feet to a set 1/2 inch iron rod for comer,
said point being the point of curvature of a curve to the right, having a delta of 55°29'35", a radius
of 431.00 feet and a chord bearing and distance of South 53°48'22" West, 401.31 feet;
THENCE southwesterly, along the arc of said curve to the right, for a distance of 417.44 feet to
the POINT OF BEGINNING and CONTAINING 1,071,235 square feet or 24.59 acres of land,
more or less.
SURVEYOR'S CERTIFICATE
1, Charles F. Stark, have prepared this map of survey from on the
ground field survey prepared under my direction. The corner
monuments have been set/found as shown and there are no
encroachments or protrusions other than those shown.
�%
Charles F. Stark, Surveyor
Texas Registration No. 5084
•• [CHARLES(F] ! STARK
q..5084�..:.
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1, ( aeo, . PUBLISHER of the Alliance Region
Newspapers of Haslet, Texas, a 0
,)kspaper of general circulation which has been
published in Denton County regularly and continuously for a period of one year prior t
the first day of publication of this notice, solemnly swear that the notice hereto attache
was published in the Alliance Regional Newspapers, on the following dates, to -wit: I
SUBSCRIBED AND SWORN TO before me on the 2��ay of L -1&4w I
C G"HRI TINAMMEA R
CPST i'l Public t
Mary Public
STATE OF TEXAS
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