HomeMy WebLinkAboutOrd 829 Approving Rezoning 5.28 acre tract of land 2205 and 2217 Pearson Lane from R5 to R2 TOWN OF WESTLAKE
ORDINANCE NO. 829
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 R-5 "COUNTRY RESIDENTIAL DISTRICT" TO "R-2
"RURAL 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 May 10, 2017, 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 to R-2 "Rural Residential District" in accordance with Chapter
102 of the Code of Ordinances of the Town of Westlake, Texas; 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
WHEREAS, on June 12, 2017, 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;
Ordinance 829
Page 1 of 4
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 June 12, 2017, 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 l: 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 rezoned from
R-5, "Country Residential District"to R-2, (Rural Residential District".
SECTION 3: This Zoning District shall be subject to the same regulations that apply to
R-2 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
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.
Ordinance 829
Page 2 of 4
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 19th DAY OF MAY 2017.
OF IMS
ATTEST: Laura Wheat, Mayor
f0 ,k I
Kellk Edwa' , Town Secretary Thomas E. Brymer o n Man ger
APPROVED AS TO FORM:
f
A--L. S ton Lowry own Attorney
Ordinance 829
Page 3 of 4
EXHIBIT A
Description and Depiction of Subject Property
Ordinance 829
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 O1°10'52"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 89056'03"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 '/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 01°27'05"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 829
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.
Donald Edward Smith Sr., •••••••••.••••••••••••SMIT••SR
DONALD EDWARD SMITH SR.
..................................
Registered Professional Land Surveyor
Registration No. 2465 <•���'oc• e�P•'
0
Ordinance 829
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 01010'52"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 89056'46"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 829
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.
Donald Edward Smith Sr., •••••••••.••••••••••••SMIT••SR
DONALD EDWARD SMITH SR.
..................................
Registered Professional Land Surveyor
Registration No. 2465 <•���'oc• e�P•'
0
Ordinance 829
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 END. N 89.56'03" E 661.03' (F.M.)
PIPE EA
ON LINE ST 659.72' (DEED) CENTER BLOCK WALL
F
'COVERED
21.15' 31.3' ❑ RETAINING WALL PATIO /D3
to BRICK 36.5' 41 1.R.
® MP � o GREEN HOUSE PAVING GARAGE
METAL a.o'
TRIED CONTAINER 40
WOOD DECK 24.1'
CONC.' POOL COVERED CHAINLINK
DRVTYY.. AREA FENCE 3.5' WLK
SDWLK. 6.1 BRICK
PAVING
120.8' TRACT I PAD
52.4' BRICK PUMP CALLED 3.0 ACRES TRACT uuuuuu
MAILBOX ONE STORY (INS. NO. D213291713) ^
❑ 3'.5' BRICK WOOD FRAME BRICK POND
SDWLK. 12.1' PATIO 131292 SQ. FT. �-
0L 3.6' 0 31' CREEK 3.01 ACRES
w m 4� A/C w
c6 o 5.1 2.4-0 1 10.2 STORAGE PAD WIRE
2.5S� ] FENCE
0)
00
m COVERED - COVERED 0. STORAGE oro
W 4.T 3.1' 20.4'
PORCH BRICK CONC. rti CJ � 3:
FH'C� PATIO M SDWLK. C) -
®GM 36.2' POND LP [O� PAD 00 l(D
O O ®GM - EM E Q - BRICK C� j p'J o
z `A/C SDWLK. w 1 E� C14
O PAD STONE
2' BRICKO
Z SDWLK. O U / N
0. PAD O
C6 cA
LP 14.0' 35.9' 3.3' SHELBY ESTATES
NPAD 18.6' - (VOL. 388-165, PG. 28)
wM sr 639' o.e' TRACT 3
O ® LP &
SIDING & FRAME EM° FRED E. HELD & RUBY S. HELD
O LP LP LP LP MOBILE HOME LP LP
CALLED 0.336 ACRE TRACT
4 JE
OL 890 PG 153
CONC
a' O d .
�s � . °LP°n � =DRVWY. ° �'� V 5 0
m MP F LP Lp
o �
'CONC.
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MP. 0, a GATE,° ° 'PP . • 8 WEST 659.72' (DEED)
- PP
N 89°56'46" E 659.29' (DEED) PP END.
:24 .�. . -GATE:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.:.: :.:.:.:.: :.:. .:.' '- -'- - WEST 660.08' (F.M.) 1/2" P.O.B.
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
I.R. TRACT I
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
-GRAVEL-•-•----'
^ MAILBOX v a SIDING FRAME & �H E E H FD N �n� FD I� ❑ �l[��]DD [M h SUR��� �
MP EM ESHED
li •-PATIO CID
FD
LL:0 31.T a u u N SJrFD_1ACU N ❑ Goo
o Oo 2 I�
0.4' 0.4' of
�S "- 2.4' TRACT II
W ro 13f> o� E,`� 2M5
(TRACT DESCRIBED IN
N9, q
.8' INS. NO. D213291713)
°s 2
04 o 2�.� COVERED ro
0 0.4' O coxc. 98894 SQ. FT.
0 0.4' PATIO 2.27 ACRES STORAGE M
0
• z o
Z 0
®GM
'Co
M
M
WOOD
23.00' if FENCE
FND. WEST 659.37' (DEED)
END. p O.B.
ON E WEST 659.95' (F.M.) 1/2
ON LINE I.R. TRACT II
SARAH KHAN & NADEEM AHMAD
a� CALLED 4.43 ACRES TRACT
o (INS. NO. D204399688)
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. 0'
40'
0 80
ZONE X as verified by FEMA map Panel No:
48439C 0080 K effective date of SEPTEMBER 25 2009 x
z Exact designations can only be determined by a Elevation
LEGEND U Certificate. This information is subject to change as a
of result of future FEMA map revisions and/or amendments. x 1 Inch = 40 Feet
a-
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
ROANOKE - DOVE and --- JOB NO.: 410024182 N0. REVISION DATE
BOUNDARY LINE that the above map is true and correct according to an actual field survey, made by me on the ground or
X X WIRE FENCE under my supervision, of the property shown hereon or described by field notes accompanying this drawing. I further DATE: 10/29/14
certify that all easements and rights-of-way of which I have been advised are shown hereon and that, except DRAWN BY: MN/SV
• • CHAINLINK FENCE RAVEN 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: DE_
as of the date of the field survey. I further certifythat this survey meets or exceeds the
EE OVERHEAD ELECTRIC J minimum standards established by the Texas Board of Profssional Land Surveying (Section 663.18).
TIMBER
O POINT OF REFERENCE Borrower/Owner:
C- Address: 2175 & 2205 N. PEARSON LANE GF No. 1410017-PC
'''
FOUND IRON ROD RIDGE Q
o M LAMBERT Legal Descrill of the Land: �P'G�5 Tf�•9
® TELEPHONE PEDESTAL Legal Description of the Land: OAK o e ASPEN SEE NOTE D .• to••N
TRACT I J
POWER POLE Being all that certain lot, tract or parcel of land lying and z z .... .............................
bein situated in Tarrant Count Texas, and beingmore 5 oo DONALDEDWARD SMITHSR.
(E ELECTRIC METER 9 y' a a- ............................
particularly known and designated as being a tract of land KNOX Q �0 2465
LIGHT POLE out of the G.B. HENDRICKS SURVEY in Tarrant County, a SUBJECT TO RESTRICTIVE COVENANTS AND/OR EASEMENTS RECORDED IN: PROPERTY PHOTOGRAPH: G Q .
Texas, and being a part of the some tract of land Ld Q ••' o O�:
WATER METER recorded in Volume 2271, Page 36, Deed Records, Tarrant O SPRINGS
Q 9�••. £$S� (7
Count Texas. a •• •• ,
FIRE HYDRANT y'
KNox a_ o o SU p,4® GAS METER TRACT II J WINTER a
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
Hammonds and wife, Jeanette Leah Hammonds, recorded
(DEED) RECORDED ON DEED in Volume 7851, Page 1826, Deed Records of Tarrant LOCATION MAP AMERISURVEYORSI.T.0 - DONALD EDWARD SMITH SR. R.P.L.S.
FIELD MEASURED County, Texas. rm _ Registered Professional Land Surveyor
N.T.S. 101 W.McUeoN 17r.Suite 175 Allen,Texas 75073 �
Phone:(21a)677.4966 Email:orderwamer:surveyomcnm _ Registration No. 2465
Ordinance 829
INVOICE
Star-Telegram Customer ID: TOW27
808 Throckmorton St. Invoice Number: 339751561
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 6/23/2017
Federal Tax ID 26-2674582 Terms: Net due in 21 days
Due Date: 6/25/2017
Bill To:
TOWN OF WESTLAKE PO Number:
1301 SOLANA BLVD Order Number: 33975156
BLDG 4 STE 4202 Sales Rep: 073
WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA
Publication Dates: 6/22/2017-6/23/2017
Description � , cri Fepth Linage MU Rate Amount
Tcir ,
TOWN OF WESTLAKE ORDINANCE NC ��� � �`�� 35 35 LINE $6.13 $429.20
pIi11xTL TRACT
Misc Feei LANDDryt .AS,
220 , PARSDN Lbi?N $10.00
N. PEARSCtN 1#UESTL A'iiI
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DEPI C ED 1N 1: 1BIT 60 AT-
TAC ED H 11i. PRO R•5 i
scDUNTR RESIDENTIAL -D15-
TRICT6 TO 611-2 6RURAL.RESI• Net Amount: $439.20
S! SNTDELPEOREAL DEVELOPMENT,
P OVIDI!eFORTHEAMENDMENT
-OP Tti 'OFF IAL 20NING MAP;
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CCAirs PRI FOR:
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PRU IDIS t3R AN &F CTIV ,
r#TE SES f i( 7 Any',person
aloiatirrg�-othe�pTovlolSs.#f
County of Tarrant this ordinanceff shalt be`deemed
guilty of a misdemeanor offense
and upon conviction thereof shalt
be fined In a sum not'to exceed
Two Thousand Dollars ($2,000.00)
Before me,a Notary Public in andforsaidCoul for each separate affense.A sept ,appearedLeticiaArriaga,Bids&LegalCoordinator
arate offense shah be deemed
for the Star-Te/ committed publishedby the Star-T committed upon each day,or art
g ,p y of a da during which a viola!on Irrant County,7e;�as:and who after being duC sworn,
occurs or continues.PASSED AND
did depose andsay that the attached clipping of ��� VZ D ON 'His .9th DAY of Fre above named paper on the fisteddates:
BIDS&LECGALS DEPT Star-Telegram.(t SUBSCRIBED AND SWORNTO BEFORE ME,
THIS DAYOF ,lune �,�;2017 ,
U.
u�
•,� :� ��Tlr Q
NOTA9ZYPUBLIC
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: TOW27
P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 339751561
Invoice Amount: $439.20
PO Number:
Amount Enclosed: $