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HomeMy WebLinkAboutOrd 519 Establishing a Zoning Category for Residential Airpark - RATOWN OF WESTLAKE ORDINANCE NO. 519 AN ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, AMENDING THE WESTLAKE CODE OF ORDINANCES TO ESTABLISH A RESIDENTIAL AIRPARK "RA" ZONING DISTRICT; PROVIDING AN EFFECTIVE DATE; PROVIDING A PENALTY CLAUSE; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, Stagecoach Hills subdivision is the only residential subdivision in Westlake which operates a private airstrip for the benefit of the residents of the subdivision; and WHEREAS, the Stagecoach Hills subdivision consists of approximately 90.02 acres and was annexed into the Town of Westlake after the Town had developed strict development standards that did not take into consideration the unique nature and uses of the Stagecoach Hills subdivision; and WHEREAS, Stagecoach Hills residents overwhelmingly support the creation of a unique zoning district for the Stagecoach Hills subdivision that takes into account existing uses and unique requirements associated with the airstrip; and WHEREAS, the current Town of Westlake Zoning Ordinance does not provide for the uses currently practiced in the Stagecoach Hills subdivision; and WHEREAS, the Board of Aldermen of the Town of Westlake recognize the need to amend the current zoning ordinance to provide for mutually agreeable land uses and development standards within the Stagecoach Hills Subdivision and area immediately adjacent to Roanoke Rd. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN 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 Section 102-31 of the Code of Ordinances is amended as follows: Sec. 102-31. Zoning map. (a) Designated; rezoning of property. Exhibit A attached to this Ordinance No is hereby adopted as the Official Zoning Map of the Town of Westlake and shall be identified and maintained by the town in accordance with the provisions of this chapter, as amended from time to time. The Official Zoning Map incorporates the rezoning of properties in the town to conform with the Comprehensive Plan and this chapter. Ordinance No. 519 — April 23; 2007 Page 1 (b) Division of town. (1) The town is divided into twelve zones, or districts, as shown on the Official Zoning Map which, together with all explanatory matter thereon, is hereby adopted by reference and declared a part of this chapter. The zones, or districts, hereby established are and shall be known and cited as: Zoning Districts TABLE INSET: Abbreviated Designation Zoning District Name R-5 Country Residential R-2 Rural Residential R-1 Estate. Residential R-0.5 Neighborhood Residential RA Residential Airpark MF Multifamily Residential LR Local Retail O Office Park O -H Office Park --Hotel O -I Office --Industrial Park PD Planned Development District GU Governmental Use SECTION 3 That Section 102-33 of the Code of Ordinances is amended to add a new section i to read as follows: Purpose of zoning districts. Each zoning district established in this chapter is provided for a specific purpose and in accordance with a comprehensive plan for the location of various types of uses throughout the town as follows: (1) Residential districts. f. RA, Residential Airpark The Residential Airpark district is intended to allow single family. residential use in conjunction with private use aviation in subdivisions composed of lots measuring a minimum of one acre (43,560 square feet), excluding all required public dedications, including but not limited to rights -of way, parks and open space. The RA district must comply with all requirements of the R-1 zoning district unless otherwise noted in this Ordinance, or the Land Use Schedule, Section 102-61 and/or the District Development Standards, Section 102-124, Figure 2. Ordinance No. 519 — April 23, 2007 Page 2 SECTION 4 That Section 102-61 Land Use Schedule be amended as follows: WESTLAKE LAND USE SCHEDULE TABLE INSET: Ordinance No. 519 —April 23, 2007 Page 3 of 9 SF Residential Permitted Uses Commercial R-5 R-2 R-! R-0.5 RA X=Permitted, A=Accessory Use, S=SUP GU MF LR Q 0-1 -.. .......� (,;,U,TU .USES..., X X X X X Orchard X X X X X X X X X X Plant nursery (growing) X X X X X Plant nursery (retail sales) X X X Farms general (crops) X X X X Farms general (livestock, ranch) X X X X Veterinarian (indoor kennels) X Veterinarian (outdoor kennels) S S S Stables (private, principal use) S S X X X X Stables (private, accessory use) Stables (as a business) S S X X X X X Single-family detached S Single-family zero lot line X Single-family attached X X X Private aircraft hangar X X Aircraft fuel storage Duplex X X X X X X Home occupation A A A A A Servantsicaretakers quarters* A A A A A Temporary accommodation for employees/customers/visitors. A A A A IIUST)TU ONA and :•. GfiUERNIMENTAL;iUSE*S Emergency ambulance service X X X Post office (governmental) X X X Mailing service (private) X X X Heliport A S Helistop A S S S S S S S Telephone switching station X X X X Electrical substation S S S X X X X X Utility distribution lines* X X X X Utility shop and storage X S S X X X X X X Sewage pumping station X X X X Water storage tank (elevated or ground) X S S S Retirement home X X Ordinance No. 519 —April 23, 2007 Page 3 of 9 Ordinance No. 519 — April 23, 2007 Page 4 of 9 SF Residential Permitted Uses Commercial R-5 R-2 R-9 R-0.5 RA X=Permitted, A=S P essory Use, GU MF LR O 0-1 Nursing/convalescent home X X Hospice X X X Hospital X X X Psychiatric hospital S X X Clinic S X X X X X X X Child daycare (7 or more)* X A X X X S S S S School, K-12 (public) X S S S S School (vocational) X S X X X College or university S X X X Community center X X X X X Civic club X X X X X S S S S S Church or place of worship* X X X X S S S S S Use associated to a religious institution A X X X Government building X X X X X Police station X X X X X S S S S S Fire station X X X X X Library X X X X X S S S S S Private water wells* S S S S S Multifamily (apartments) X Offices (general) X X X Studio X X X Banks and financial institutions X X X Information processing X X Hotel/motel with conferencing facility S X S X Laundry/dry cleaning (<3,000 square feet) X X Laundry/dry cleaning (drop/pick) X X X Shoe repair X A A Beauty parlor/barbershop X A X Clothing store X X Quick copy/duplicating services X A X Personal services X X X Grocery X Convenience store X A X Service station X X Drug store X A X Variety store X Bakery sales X Stationery store X A Antique shop X Art gallery X X A Ordinance No. 519 — April 23, 2007 Page 4 of 9 Ordinance No. 519 — April 23, 2007 Page 5 of 9 SF Residential Permitted Uses Commercial R-6 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, 14=-Q I I P GU MF LR 0 0-1 Hardware store X X Sporting goods X Paint and wallpaper X X Cloth store X Retail stores--General (excluding secondhand goods) X A Restaurant/cafe (GU not for profit) A S S S Restaurant/cafe with private club S S S Auto/truck parts and accessories S X Household furniture/appliances X X AMUSlE10 X X X X Golf course (public or private) X X X X X X X X X Park or playground X X X X X See division 2 of this article Wireless communications facility See division 2 of this article Noncommercial radio tower S S S Race track operation S Recreation facility, health studio X X X X X S S S S Country club (private membership) X X X X S S S S. Tennis, Basketball court, etc. lighted S S S S S X X X X X Tennis, Basketball court, etc. unlighted X X X X X AU?O ;SERVICES, Truck/trailer rental S X Auto body repair S Auto mechanical repair S X Quick lube/oil change X X Vehicle maintenance (private) X X ALP IPA QE Ware houselstor2g e (inside) X Ware h o use/storage (outside) Scrap/waste recycling collection Gas/chemical bulk storage S Light manufacturing/assembly S S X Apparel manufacturing X Packaging and/or distribution X Printing, engraving & related reproductive X Distribution of books/other printed X Machine shop S Welding shop 8 S S S S Temporary batching plant* S S S S Ordinance No. 519 — April 23, 2007 Page 5 of 9 SF Residential Permitted Uses Commercial R-5 R-2 R-1 R-0.5 RA X=Permitted, A=Accessory Use, GU MF S=SUP LR O 0-1 OIL & GAS EXPLORATION Drilling S Work-Over/Pulling Unit S Pumpjack S Produced Storage (Tank Batteries) S X X X X X Builder directional signs (temp.) Contractor signs (temp.) X X X X X X X X Holiday signs (temp.) X X X Business window signs (temp.) X X Monument signs X X X X Wall signs X X X X X X X Political yard signs (temp.) X X X Decorative banners (temp.) X X X X (*) Signifies uses with special guideline, see section 102-63 (UDC 1994, art. IV, § 1; Ord. No. 391, § 2, 5-14-2001; Ord. No. 392, § 2, 5-14-2001; Ord. No. 426, § 4, 9-23- 2002 Ord. No. 456, § 2, 4-12-2004) SECTION 5 That Section 102-122 of the Code of Ordinances is amended to add a new section 102- 22.1, 102-122.2 and 102-122.3 as follows: Sec. 102-122.1 Residential Airpark District (A) In the Residential Airpark (RA) District, the following buildings and uses are permitted as hereinafter specifically provided: (B) The buildings and uses are subject to the general provisions and exceptions set forth in this code: (1) All principal uses in the Residential Airpark District are residential. No accessory buildings shall be permitted on lots that do not have homes built and maintained to standards established in Section 102-33, R-1 District, unless otherwise provided in this Section 102-122. (2) The Residential Airpark District is limited to one residence per lot. A hangar or storage facility shall not be allowed for residential use. (3) All aircraft must be stored in a hangar capable of permanently securing and storing the aircraft, except aircraft may be temporarily tied down outside for a period not to exceed thirty (30) days. (4) Building structures and setbacks: a. Accessory use buildings may not exceed the square footage of the principal residential use and may under no circumstances exceed 3000 sq. ft. or 18 feet in height. Each lot may have not more than one accessory building over 200 square feet. b. Exterior wall building materials. (1) All homes shall be constructed of at least 80 percent standard masonry construction, excluding windows and doors, unless such wall is on a porch, patio, courtyard, or breezeway, in which event, the wall may be of non -masonry construction. (2) Accessory use buildings may be constructed with non -masonry materials, or may be all metal with a baked -on pre -painted surface consistent with the color scheme of the principal uses of the RA district as determined by the building official. Ordinance No. 519 — April 23, 2007 Page 6 of 9 c. Building setbacks (1) Residential setback. All setbacks for residential uses in the Residential Airpark District shall be subject to R-1 residential use setbacks as described Section 102-124, Figure 2, Westlake Development District Standards Chart. (2) Accessory building setback Accessory buildings on residential lots shall meet all front and side yard requirements for primary structures. However when the accessory building is located behind the rear facade of the primary structure, then it may meet the following setback: (a) If the accessory building is 200 square feet or less in area and eight feet or less in height, then it may be set back a minimum of three feet from the property line. (b) If the accessory structure is greater than 200 square feet in area or eight feet in height, then it must be set back one foot from the property line for each one foot in height up to the minimum setback for a primary structure, (c) Notwithstanding the above, any accessory structure garage, airplane hangar or storage building must be setback a minimum of twenty feet from any right-of-way or private access easement (taxiway). (S) Customary and usual aviation -related activities, including but not limited to takeoffs and landings; construction and maintenance of airport facilities; and other activities incidental to the normal operation of an airport. (6) Greenways, including but not limited to bicycle and pedestrian paths (7) Transportation facilities and improvements (8) Streets that function as taxiways are allowed in the RA District and may include gates with designs approved by the Fire Marshal at the limit of the taxiways. ec. 102-122.2 Notices and restrictions required for development within the Residential Airpark (RA) District: (A) An avigation easement is a property right that allows an airport to use the airspace above property that is located within the general vicinity of the flight path of an airport's runway. The purpose of an avigation easement is to allow aircraft to fly at low levels through a given airspace in order to take -off from or land on one or more of an airport's runways. (B) When any property within a Residential Airpark (RA) District is subdivided or platted, the property owner shall dedicate an avigation easement to the Town of Westlake over and across that property. The easement shall hold the Town, public and airfield, harmless from any damages caused by noise, fumes, dust, fuel, fuel particles, or other effects that may be caused by the operation of aircraft taking off, landing, or operating on or near the airfield, not including the physical impact of aircraft or parts there of. (C) Notification of Buyers. No person shall sell, nor offer for sale, any property within the RA district unless the prospective buyer has been notified of the fact that the property is within the RA district. When property ownership is transferred, the property deed shall be amended to note that the property is within the RA district. (D) Agree to Noise Abatement. No person shall sell, nor offer for sale, any property within the RA district unless the prospective buyer agrees to follow Aircraft Owners and Pilots Association (AOPA) standard noise abatement procedures, or the most recent noise abatement procedures established at the airport. (E) CC&Rs: The applicant for a subdivision or design review in the RA district shall provide a copy of the CC&Rs in conformance to the requirements listed above. SECTION 6 That Section 102-124, FIGURE 2, WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART TABLE INSET is amended as follows: Ordinance No. 519 — April 23, 2007 Page 7 of 9 FIGURE 2. WESTLAKE DISTRICT DEVELOPMENT STANDARDS CHART TABLE INSET: * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. SECTION 7 It is hereby declared to be the intention of the Board of Aldermen 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8 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 Five Hundred Dollars ($500.00) 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. Ordinance No. 519 — April 23, 2007 Page 8 of Minimum *Lot I Requ red District Densitq Principal Height ` Width I minimum Setbacks Land- Requires Building Bldg. Site Plan. - Area Line scap€ng Minimum Lot Size ula, FAR Front Rear Side Side Paving R-5 Country Residential 217,800 1 u/a 2,000 s.f. 2.5 st/35' 200 50 50 30 s f bldg. min. R-2 Rural Residential 87,120 1 u/a 2 000 s.f. 2.5 st/35' 150 50 50 25 (2 ac. 81 bldg. min. R-1 Estate Residential 43,560 1 u/a 1,800 s.f. 2.5 st/35' 125 40 40 20 1 ac. s.f. bldg, min, Neighborhood 21,780 1,500 s.f. 2,5 R-0.5 Residential (.5 s f 1 ula bldg. min. s.t.135' 100 35 35 15 ac. RA Residential 43,560 1 u/a 1 800 s.f. 2.5 st/35' 125 40 40 20 Airpark s.f. bldg min MF Multifamily 200,000 12 1,000 s.f. 2.5 200 40* 40* 20* 20%I 250 yes SI avg. s.t./35' 0.S/u LR Local Retail 40,000 s.f. 0.20:1 2,000 s.f. 2.5 st/35' 200 50* 50* 0 or 4* 20% yes 0 Office Park 200,000 s.f. 0.25:1 3,000 s.f. 2 st/35' 200 100* 100" 75* 20% yes 0-1 Office -Light Industrial Park 200,000 s.f. 0.30:1 3,000 s.f. 3 st/50' 175 75* 50* 50* 15% yes **Pl) Planned 200,000 Development s.f. GU Governmental No min. 0.25:1 No min. 3 st/50' 200 50 50 25 10 20% * Lot width shall be measured at the minimum setback distance for the district. ** PD requirements subject to PD ordinance. SECTION 7 It is hereby declared to be the intention of the Board of Aldermen 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 Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 8 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 Five Hundred Dollars ($500.00) 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. Ordinance No. 519 — April 23, 2007 Page 8 of PASSED AND APPROVED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, ON THIS 23rd DAY OF APRIL 2007. ATTEST: ,moi i irq'sutter, 'T'RMC, Town Secretary APPROVED AS TO FORM: -��4 R4 ",- Stan Lowry, Town Attorney Scott Bradley, ayor Trent O. Petty, Town IVB Hager Ordinance No. 519 — April 23, 2007 Page 9 of 9 61 CO 670�- PUBLISHED AFFIDAVIT I, �,S� j , SALES MANAGER of the Alliance TOWN OF TLAKE SMRIBED AND %RN TO to My Commission Expires: TARA MV "7 itl k IL My Commission Expires: coliform bacteria. April 23, 2007 by $2,000.00) FOR yenerauy iocaiea I U ri F below will be opera F south of State WESTLAKE from 7:00 a.m. to Issued this the 17th 8 Tr–i_Our water system is contactingg Joyce ACH- O FENSE. & required to submit 2 Polson, NISD Pur PASSED AND AP- Highway 114 be- TOWN HALL 7:00 pp'm., on May day of April, 2007. PROVED BY ' THE tween Westlake 3 Villa a Circle 12 20Q7 for va#in 7 7- b a c t e r i o l o g i c a l chasing Agent, via Emitada este dia 17 _ samples each e, -mail WESTLAKE Parkway and Pre Sule 207 in the specie de Abril, 2007. T ee month. Failure to jpolsonC nisdtx.org' BOARD OF AL- tinct Line Road, WESTLAKE, elections to elect ci collect all required or telephone, DERMEN ON TEXAS 76262 two (2 Aldermen r� 33, q p Notice is hereby { Scott Bradley, ch bacteriological t e r i o! o g i c a 1 8 i 7.215.0095. APRIL 23, 2007. 1 unexpired term -Mayor (Aicalde) rr given that the Earl voting b Ma 2008 T 01 samples is a viola g y a — tion of the monitor- Northwest ISD re Manning and Zoning personal appear {Advierta per la �F.d 71 Ing requirements serves the right to' TOWN OF r Commission. will ante will be con presence es. 4ado andwe are required reject any/or ail WESTLA hold a Public Bear- ducted A rii 30, queelLugar w laM 10 to not, ou of this ro osals and to ®RDINA E in on Thursday, Ma 1, an at the votacion lista Matas fY y p p elder! male apricot lea H 6 violation. accept an proposal NO ; .9 May 17, 2007 at 7:00 f owing teini o aba•o abierto de Y p N ) Poodle. Rid 17 - If you have an or combination' of p.m. and the Board nary early 'voting 7:00 de la maaana Y Yof Aldermen will hold location: Votando a 7 de la tar& en 4-15 07. 817-300- d` questions regarding proposals deemed' AN INANCE { 6525 h OF TH OWN OF a public hearing on temprano por la el 12 de mag 7f t is co violation, you most advantageous Y de Lost Yorkle - NRl M may contact David to 'the Northwest WESTLAKE, TEX- Monday, 'Ma 21, se ddencia personal '2007 para voter en 5 Rogers at 817-439- Independent School AS AMENDING 2007, �aat 5:303 p.m: sera rea!izado abril la Elecciones Es- �e 5931 extension 3 District and to waive THL WESTLAKE in the boardroom of 30, el 1 de Mayo, y pecial para elegir y answers to "Parker" to apy informalities in CODE OF ORDI- the Town Hall lo- 2 en el siguiente +a dos Comeja! or "Pacheo" Reward Fc Ip NOTICE TO bidding' NANCES TO ES- cated at 2650 J.T. votar temprano (periodo de un ino). 817-428-9683 or VENDORS TABLISH A REST- Oi#inger Road, temporario la 8001 Ulster Dr. 7E INVITATION TO 'TOWN OF DENTIAL AIR- 1Nest ake, < Texas ubieaeion:) LOCATION OF 76180 Cr BID WESTLAKE PARK "RA" 76262. The Boards POLLING PLACE• Lost your pet? Rt ORDINANCE ZONING DISTRICT- will ,consider an Town of Westlake (Lugares de caslllas Check Humane So- sa The Northwest In- NO. 518 PROVIDING ,qty application for a 'Town Mall electorates:) clety of N. TX, 12:-5: 7& dependent School EFFECTIVE DATE; Zoning Change 3 Vllla e Circle, 7days /wk 1840 E. toi T District will receive AN , ORDINANCE PROVIDING A Request to Res!- ui a 207 TOWN OF Lancaster SL sealed proposals in OF THE TOWN OF P E N A L T Y dentia) Planned Westlake, Texas WESTLAKE Ring, 28. diamonds, Cz et the Purchasing De- WESTLAKE, TEX CLAUSE- AND Development for the 76262 TOWN HALL ;d partment, by mailing AS, AMENDING PROVIDING FOR A four tracts of land 3 Village Cir<le, white gold, S shape, chi e- to PO Box 77070, THE COMPRE S A to I N G S described as fol- Between the hours Suite 207 Grapevine Mitis, 78 of Fort Worth, Texas,, HENSIVE ZONING CLAUSE. ,ANY lows: 1) Charles M of 8:60 a.m. andWESTLAKE 85® rd! 817-478- St;