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HomeMy WebLinkAboutOrd 765 Approving the Zoning of 2205 and 2217 Pearson Lane to R5 Country Residential TOWN OF WESTLAKE ORDINANCE NO. 765 AN ORDINANCE ZONING AN APPROXIMATELY 5.28 ACRE TRACT OF LAND COMMONLY KNOWN AS 2205 N. PEARSON LN AND 2217 N. PEARSON LN, WESTLAKE, TEXAS,FURTHER DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO,FROM NON-ZONED TO R-5 "COUNTRY RESIDENTIAL DISTRICT"; AUTHORIZING RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts,permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, on November 23, 2015, the Town of Westlake received a Petition from the landowner of the property depicted and described in Exhibit "A"requesting that the Town annex said property; and WHEREAS, on November 23, 2015, the Town of Westlake received a Zoning Change Request from the landowner of the property depicted and described in Exhibit"A"requesting that the Town zone said property R-5 "Country Residential District"in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, on December 14, 2015, the Town Council of the Town of Westlake, Texas approved the voluntary annexation of said property after proper notice was provided in accordance with Chapter 43 of the Texas Local Government Code, and meeting all the requirements of the Texas Open Meetings Act a public hearing on the proposed annexation was held before the Westlake Town Council; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner(or representative) appeared before Town Council and affirmed that the property owner is seeking this zoning request; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and Ordinance 765 Page I of 4 WHEREAS, on January 4, 2016, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended approval of said request; and WHEREAS, the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; to secure safety from fire,panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with existing zoning and the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, upon the recommendation of the Westlake Planning and Zoning Commission on January 4, 2016,the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL 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 the property shown on attached Exhibit"A" is hereby zoned R-5, "Country Residential District". SECTION 3: This Zoning District shall be subject to the same regulations that apply to R-5 zoned property as described in Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas. SECTION 4: The Town Secretary shall amend, or cause to have amended,the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit"A". SECTION 5: It is hereby declared to be the intention of the Town Council of the Town _ of Westlake, Texas, that sections,paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence,paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality 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 of the Town of Westlake without the Ordinance 765 Page 2 of 4 incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. SECTION 7: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 25th DAY OF JANUARY 2016. ATTEST: Laura Wheat, Mayor 411(0. f -" KellEdwarTown Secretary Thomas E. Brymer, o Manager �p`wA OF yl,� APPROVE A TO M: .<7 est m )(A S: L. anton L n Attorney Ordinance 765 Page 3 of 4 EXHIBIT A Description and Depiction of Subject Property Ordinance 765 Page 4 of 4 EXHIBIT A METES & BOUNDS DESCRIPTION TRACT A 3.01 (CALLED 3.0)ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY,ABSTRACT NO. 680,TARRANT COUNTY, TEXAS,BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS,BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY,FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND,TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 1/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a 2.27 acre tract this day surveyed(called Tract II); THENCE along and with the common boundary of the herein described tract and said Tract II, West, a distance of 660.08 feet (called West, a distance of 659.72 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Tract II; THENCE along and with said R.O.W.,North 0I'l0'52"East, a distance of 198.43 feet (called North, a distance of 198.08 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a called 2.00 acre tract as conveyed to Becky Banks in Vol. 11850, Pg. 1636, Deed Records of Tarrant County, Texas; THENCE leaving said R.O.W., along and with the southerly boundary line of said Banks Tract,North 89°56'03"East, at a distance of 21.15 feet passing a found pipe, a total distance of 661.03 feet (called East, a distance of 659.72 feet) to a found 1/2" iron rod for the northeast corner of the herein described tract, the northwest corner of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01027'05"West, a distance of 199.21 feet (called South, a distance of 198.08 feet) to the POINT OF BEGINNING and containing 3.01 acres, more or less. Ordinance 765 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. 0 F rF 'GAS TE"%y Donald Edward Smith Sr., ...DONALD............. .:S . EDWARD SSMITMITH SR. Registered Professional Land Surveyor ,0 2465 v: Registration No. 2465 f ;;ppF # q�© SU RQ Ordinance 765 METES & BOUNDS DESCRIPTION TRACT II A 2.27 ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY,ABSTRACT NO. 680, TARRANT COUNTY,TEXAS,BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36,DEED RECORDS OF TARRANT COUNTY, TEXAS,BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY, FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 1/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a called 4.43 acre tract as conveyed to Sarah Khan and Nadeem Ahmad in Ins. No. D204399688, Official Public Records of Tarrant County, Texas; THENCE along and with the common boundary of the herein described tract and said Khan/Ahmad Tract, West, at a distance of 636.95 feet passing a found 1/2" iron rod, a total distance of 659.95 feet (called West, a distance of 659.37 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Khan/Ahmad Tract; THENCE along and with said R.O.W.,North 01°10'52"East, a distance of 149.87 feet (called North 01°10'52"East, a distance of 149.11 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a 3.01 acre tract this day surveyed, called Tract I; THENCE leaving said R.O.W., along and with the southerly boundary line of said Tract I, East, a distance of 660.08 feet(called North 89°56'46"East, a distance of 659.29 feet) to a found %2"iron rod for the northeast corner of the herein described tract, the southeast corner of said Tract I, a point in the westerly boundary line of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South O1°13'44"West, a distance of 149.87 feet(called South 01°08'44"West, a distance of 149.73 feet) to the POINT OF BEGINNING and containing 2.27 acres, more or less. Ordinance 765 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. 0 F rF 'GAS TE"%y Donald Edward Smith Sr., ...DONALD............. .:S . EDWARD SSMITMITH SR. Registered Professional Land Surveyor ,0 2465 v: Registration No. 2465 f ;;ppF # q�© SU RQ Ordinance 765 BECKY BANKS CALLED 2.00 ACRES TRACT FRED E. HELD & RUBY S. HELD (VOL. 11850, PG. 1636) CALLED 5.00 ACRES TRACT (VOL. 14685, PG. 151) o FN D. N 89'56'03" E 661.03' (F.M.) PIPE F ON LINE EAST 659.72' ,'I F'r - CENTER BLOCK WALL 21.15' \COVERED FND. 31.3' RETAINING WALL PATIO 112" BRICK 36.5' 1.R. ® MP GREEN HOUSE PAVING s GARAGE METAL a a, TRIED CONTAINER 40 WOOD DECK 24.1 CONC POOL COVERED CHAINLINK DRVRY ° AREA FENCE 3.5' CONC. SDWLK. 1s 1' BRICK 40 • PAVING 120.8' TRACT 1 PAD 52.4' BRICK PUMP CALLED 3.0 ACRES TRACT MAILBOX ONE STORY POND (INS. NO. D213291713) LL: ❑ 3.5' BRICK WOOD FRAME BRICK SDWLK. z,' PATIO 131292 SQ. FT. L` 0 3.6' 3.1 CREEK 3.01 ACRES M w m 44 A/C c6 o 5.1' 2.4-' 4� 10.2 STORAGE PAD WIRE e rn o 2.5,E h G��� FENCE o rn 00 COVERED COVERED 0. STORAGE 00 W 4''4.7 .1' 20. PORCH BRI3 CK CONC. �CJ � :,-t FIT C) PATIO M SDWLK. GM 36.2' POND LP [O, PAD t(7 O p ®GM EM E 4 BRICK C" p J o z "AIC SDWLK. w E, cV E~ IJ O PAD STONE K.CK z SDWLO ° PAD O (n ',. 4 LP a W C6 14.0' 35s' 33' SHELBY ESTATES PAD 18.6' (VOL. 388-165, PG- 28) w O 63.9' 10.8' TRA CT 3 WM 761 °LP & SIDING & FRAMEEM °" , ° FRED E. HELD & RUBY S. HELD O LP LP LP LP MOBILE HOME LP LP (� ., CONC. _� CALLED 0.336 ACRE TRACT �a O •LP CONC. (VOL. 8905, PG. 1530) ~ o ° GONG. MPF LP LP W DRVWY. e °< 0.4' s° GATE,° PP a WEST 659.72' (DEED) PP M N 89°56'46" E 659.29' (DEED) PP FND. :24 - :caTE. :.:.:::::: . : : : ::::: ::::: ::: ::: ::: . .. .. . . . . . . WEST 660.08' (F.M.) /2" P.O.B. . . . . . . . . . . . . . . . . . . . . . . 1.R. TRACT I GRAVEL: :•:-:- DRVWY'.'-'.'.' ❑ v ^ MAILBOX v o SIDING FRAME & �VLIP)❑ l[ �]DD VS SU R IJ E� .. E M E SHED AFD `^`�\ ^un rrr��� v o 31.7' ° °'°Q., X17.9' V�LI LI�V� �O❑ O w j� CONC. 0 00 11A 21PATIO v q Q4 `��y "o z.a' TRACT II 2.5", (TRACT DESCRIBED IN N 9, q 2.8' INS. NO. D213291713) W COVERED tC) o ^ 2:8�� ro � o 0,4 O coxc. 98894 SQ. FT. o . 0 0 4' PATIO 2.27 ACRESo STORAGE O z `n O Z V) ®GM "Co41 to M M WOOD 23.00' FENCE FND. WEST 659.37' (DEED) FND. PO.B. aN2 LINE IR2 TRACT 77 WEST 659.95' (F.M.) SARAH KHAN & NADEEM AHMAD a CALLED 4.43 ACRES TRACT o (INS. NO. D204399688) w �s w SURVEYOR'S NOTE: BASIS OF BEARING, RECORDED The survey is hereby accepted with the GRAPHIC SCALE DEED UNLESS OTHERWISE NOTED. discrepancies, conflicts, or shortages in area or boundary lines, encroachments, protrusions, or z At date of this survey, the property is in FEMA designated overlapping of Improvements shown. �.. ZONE X as verified by FEMA map Panel No: L�0 48439C 0080 K effective date of SEPTEMBER 25 2009 x _ Z Exact LEGEND Codesignations can only be determined by a Elevation rtificate. This information is subject to change as a of of result of future FEMA map revisions and/or amendments. X 1 Inch = 40 Feet o_ These standard symbols will MAHOTEA I, DONALD EDWARD SMITH SR., a Registered Professional Land Surveyor in the State of Texas, » be found in the drawing. FINAL AS—BUILT SURVEY BOONE do hereby certify to ASSOCIA TITLE, LLC BOUNDARY LINE ROANOKE - DOVE and --- JOB NO.: 1410024182 INO.1 REVISION DATE that the above map is true and correct according to an actual field survey, mode by me on the ground or DATE: 10/29/14 X X WIRE FENCE under my supervision, of the property shown hereon or described by field notes accompanying this drawing. I further • • CHAINLINK FENCE RAVEN certify that all easements and rights-of-way of which I have been advised are shown hereon and that, except DRAWN BY: MN/SV as shown, there are no visible encroachments, no visible overlapping of improvements and no apparent WOOD FENCE SITE discrepancies or conflicts In the boundary lines, and no visible physical evidence of easements or rights-of-way APPROVED BY: DES as of the date of the field survey. I further certify that this survey meets or exceeds the EE OVERHEAD ELECTRICJ minimum standards established by the Texas Board of Professional Land Surveying (Section 663.18). 0 POINT OF REFERENCE � TIMBER Borrower/Owner: o � w Address: 2175 & 2205 N. PEARSON LANE GF No. 1410017-PC (E.0F..TE` FOUND IRON ROD RIDGE D M LAMBERT Legal Description of the Land: TELEPHONE PEDESTAL Legal Description of the Land: OAK O ASPEN SEE NOTED 4k, tn•. TRACT 1 3z U POWER POLE Being all that certain lot, tract or parcel of land lying and zZ z ....L............................ being situated in Tarrant County, Texas, and being more > U) DONALD EDWARD SMITH SR. (E ELECTRIC METER Q ...-•-•••••••••••••••••••••••••••• particularly known and designated as being o tract of land KNOX a �0 Q465 LIGHT POLE out of the G.B. HENDRICKS SURVEY in Tarrant County, d SUBJECT TO RESTRICTIVE COVENANTS AND/OR EASEMENTS RECORDED IN: PROPERTY PHOTOGRAPH: Q . ® Texas, and being a part of the some tract of land Ld � WATER METER recorded In Volume 2271, Page 36, Deed Records, Tarrant p SPRINGS County,FIRE HYDRANT Y, 9�•., es SO '.�� Ct Texas. a r� KNox ® GAS METER TRACT II F- WINTER El MAILBOX BEING a tract of land situated in the G.B. HENDRICKS SURVEY, ABSTRACT NO. 680, Tarrant County, Texas, and METER POLE being the same tract of land conveyed to David Charles ass, Hammonds and wife, Jeanette Leah Hammonds, recorded (DEED) RECORDED ON DEED in Volume 7851, Page 1826, Deed Records of Tarrant LOCATION MAP �+ AMERISURVEYORSI'llucDONALD EDWARD SMITH SR. R.P.L.S. (F.M.) FIELD MEASURED County, Texas. 5013 Registered Professional Land Surveyor ":I ��V' N.T.S. b 101 W.M[Dezxnotk Dr.Suite Ili Allen,Texaa 759I3 s a" Phone:(al4)677-A96b Emait:urder4larrtC[i6utuCyUt5.SDm Registration No. 2465 Ordinance 765 INVOICE 41Y Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 336776201 FORT WORTH,TX 76102 (817)390-7761 _ Invoice Date: 1/30/2016 Federal Tax ID 26-2674582 F FE B LL�10 Terms: Net due in 21 days Y=----- - Due Date: 1/31/2016 Bill To: PO Number: TOWN OF WESTLAKE 1301 SOLANA BLVD Order Number: 33677620 BLDG 4 STE 4202 Sales Rep: 047 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publicatioll Dates: 1/29/2016-1/30/2016 kio Ra -6, TOWN OF WESTLAKE ORDINANCE NO. 13580 1 33 33 LINE $6.14 $404.96 7", Misc Fee r ME: $10.00 Kilt -AP- _ PROXIMATEL LAND N 22015 N. PEA A N. PEA I I KE, # I TEX01 ' AS,� ISEDAND Net Amount: $414.96 , DEPICTED' „All AT- TACHM'14e NOW ZONED,T4)XR-�0i"' Iz- I N G&I RE S IDEJ I V `:,PROVIDING OF"THE OF W PROVIDING'FO CLAUSE, PkOVI A SAVINGS CLAU 9,17'!��'_" DING , FOP A PENALTY " I �'11% ,AND PROVIDING,, R, MORAN JEAN SAYLOR -An rso" vi Notary Public,Stole of Texas DATE., SrCtION 1 CT the i0v s r1s,of this My Commission Expires olatifig anshall of the HE STqqE Q Ordinance shall' d m ,guilty of amisd6meanot offense and u ......... October 29,2019 'ount y of Tarrant :,conviction thereofs it, lined 1 a sum not to exceed Tw,o Thousand Dollars($ZOOO.00),for 4444,se" rate offenseA shall be deemed ed 3qfore me,a Notar, each'day ,i; 0t4z indState, this day personally appeared Christy Holla nd,Bids&Lega(Coordinator via �;yrs r j 7r the Star-TelexU000ti-�f,A ­ �A' I , -am,Inc.at Fort Won&in Tarrant County,Te,�q.�:and who after being duty sworn, , TM` I "I 2 id depose andsay that the attachednkpping of advertisement was published in the above named paper on the listed dates: 11DS&LEGALS DEPT Star-Telegram(8179 390-7037 SUBSCRIBED ASD SWORNTO BEFORE ME, Q VS DAYOF Febuary ci p 10 2016 S�ned Thank You For Your Payment NOTAT�'PUBLIC ------------------------------------------- Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 336776201 Invoice Amount: $414.96 PO Number: Amount Enclosed: $