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HomeMy WebLinkAboutOrd 262 Amending a Tract of land bording Shelby EstatesORDINANCE 262 AN ORDINANCE AMENDING THE ZONING MAP TO REZONE A TRACT BEING IN THE G. B. HENDRICKS SURVEY, ABSTRACT NO. 680, AND THE M. HUNT SURVEY, ABSTRACT NO. 756, TARRANT COUNTY, GENERALLY LOCATED EAST OF PEARSON LANE AND SOUTH OF DOVE ROAD AND ON THE NORTH AND EAST BORDERS OF SHELBY ESTATES FROM R-40 "ESTATE RESIDENTIAL" TO R-200 "COUNTRY RESIDENTIAL"; SAID ZONING MAP AND ORDINANCE BEING NUMBERED ORDINANCE NUMBER 201 AND PASSED ON NOVEMBER 16, 1992; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH, CONTAINING A SAVINGS CLAUSE; AND TO BECOME EFFECTIVE UPON ITS PASSAGE AND APPROVAL. WHEREAS, the Town of 'Westlake on the request of homeowners in Shelby Estates is petitioning an amendment of the Zoning Ordinance and map of said Town so as to rezone and reclassify said property from its classification of R-40 "ESTATE RESIDENTIAL" TO R-200 "COUNTRY RESIDENTIAL"; and WHEREAS, the Planning and Zoning Commission of Westlake, Texas, held a public hearing on said application on November 11, 1996, November 22, 1996, and December 6, 1996 after written notice of such public hearing before the Planning and Zoning Commission on the proposed rezoning had been sent to owners of real property lying within 200 feet of the property on which the change of classification is proposed, said Notice having been given not less that ten (10) days before the date set for hearing to all such owners, and such Notice being served by depositing the same, properly addressed and postage paid, in the United States Post Office; and WHEREAS, after consideration of said application, the Planning and Zoning Commission of the Town of Westlake, Texas voted 2 - 0 to recommend to the Board of Aldermen of Westlake, Texas, that the hereinafter described property be rezoned from R- 40 "ESTATE RESIDENTIAL" TO R-200 "COUNTRY RESIDENTIAL"; and WHEREAS, Notice was given of a further public hearing to be held by the Board of Aldermen of Westlake, Texas, in the Town Hall, 3 Village Circle, Suite 207 at 7:00 p.m. on November 25, 1996, December 9, 1996, and January 6, 1997 to consider the advisability of amending the Zoning Ordinance and Map as recommended by the Planning and Zoning Commission, and all citizens and parties at interest were notified that they would have an opportunity to be heard, such Notice of the time and place of such hearing having been given at least fifteen (15) days prior to such hearing by publication in the Keller Citizen, Keller, Texas, a newspaper of general circulation in such municipality; and Ordinance Rezoning Property Around Shelby Estates Page 2 WHEREAS, all citizens and parties at interest have been given an opportunity to be heard on all the matter of the proposed rezoning and the Board of Aldermen of the Town of Westlake, Texas, being informed as to the location and nature of the use proposed on said property, as well as the nature and usability of surrounding property, have found and determined that the property in question was originally zoned for minimum lots f 10 acres, that it was never the intent to reduce the zoning on the property in question from 10 acre minimum lot sizes to one (1) acre minimum lot sizes, but was rezoned as a result of a drafting error, and does consider and find that this amendatory Ordinance should be enacted since its provisions are in the public interest and will promote the health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That Ordinance Number 201, being the Zoning Ordinance and Map of the Town of Westlake, Texas, showing the locations and boundaries of certain districts, and said Zoning Ordinance and Map having been made a part of an Ordinance entitled: "AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF 1992, ORDINANCE NO. 200, TO REZONE THOSE TRACTS OF LAND AND CERTAIN PROPERTIES SHOWN ON EXHIBIT `A' TO THE ZONING DESIGNATIONS REFLECTED ON EXHIBIT `A'; and passed and approved November 16, 1992, as amended, is hereby further amended so as to rezone the following described areas from R-40 "ESTATE RESIDENTIAL" TO R-200 "COUNTRY RESIDENTIAL": The property rezoned is described on Exhibit "A" and "B" attached hereto and incorporated herein. SECTION 2: All ordinances of parts of ordinances in conflict herewith are specifically repealed. SECTION 3: That if a court of competent jurisdiction declares any part, provision, section, or phrase of this ordinance invalid or unconstitutional, the remaining sections, phrases, parts, and provisions shall be valid and remain operable to the fullest extent permitted by law. SECTION 4: That this Ordinance shall be in full farce and effect from and after its passage and approval. Ordinance Rezoning Property Around Shelby Estates Page 3 PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THE 6THDAY OF JANUARY, 1997 Scott Bradley, Mayor ATTEST: Ginger Oosswy, Town Secre APPROVED AS TO FORM: Paul C. lsham, Town Attorney EXHIBIT "A" TRACT 1: REZONING TO R-200 LEGAL DESCRIPTION Being a portion of the G. B. Hendricks Survey, Abstract No. 680, Tarrant County, Texas and described by metes and bounds as follows: Beginning at an iron rod in the east right-of-way of Pearson Road said point being the southwest corner of The Estates, an Addition to the Town of Westlake recorded in Cabinet A, Slide 2788, Tarrant County Plat Records; THENCE North 89 degrees 03 minutes 45 seconds East for a distance of 1293.77 feet to an iron rod for corner being the southeast corner of said The Estates and the west line of Tract 3, Shelby Estates a Subdivision to the Town of Westlake recorded in Volume 388-141, Page 68, Tarrant County Plat Records; THENCE South 00 degrees 33 minutes 58 seconds East for a distance of 239.95 feet along the west line of said Tract 3, Shelby Estates to an iron rod for corner; THENCE South 89 degrees 20 minutes 17 seconds West 1296.68 feet to the intersection with the east right-of-way of Pearson Road for a corner; THENCE North 00 degrees 09 minutes 10 seconds East 23 3.7 5 feet along the said east right-of-way to the place of beginning and containing 7.00 acres more or less. EXHIBIT "B" TRACT 2: REZONING TO R-200 LEGAL DESCRIPTION Being a portion of that tract of land recorded in Volume 11376, Page 2235, Tarrant County Deed Records and being a portion of the M. Hunt Survey, Abstract No. 756, Tarrant County, Texas and described by metes and bounds as follows: Beginning at an iron rod being the northeast corner of The Estates an addition to the Town of Westlake, Tarrant County, Texas, recorded in Cabinet A, Slide 2788, Tarrant County Plat Records; THENCE North 90 degrees 00 minutes 00 seconds East for a distance of 2203.00 feet to a point for corner; THENCE South 00 degrees 38 minutes 00 seconds West for a distance of 1400.00 feet to a point for corner; THENCE North 30 degrees 02 minutes 41 seconds West for a distance of 1362.21 feet to an iron rod for corner said rod being the northeast corner Tract 4, Shelby Estates a Subdivision to the Town of Westlake, recorded in Volume 388-141, Page 68, Tarrant County Plat Records; THENCE South 88 degrees 59 minutes 00 seconds West for a distance of 1503.00 feet along the north line of said Shelby Estates to the intersection with the east line of said The Estates; THENCE North 00 degrees 38 minutes 00 seconds West for a distance of 247.42 feet along the said east line of The Estates to the place of beginning said property contains 21.02 acres more of less.