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Home My WebLink AboutOrd 533 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 13348 Thornton DriveTOWN OF WESTLAKE ORDINANCE NO. 533 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING PROPERTY IN STAGECOACH HILLS DESCRIBED AS BEING LOT 1 OF THE STAGECOACH HILLS ADDITION, RUTH BAKER SURVEY, ABSTRACT NO. 108, TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 388-66, PAGE 53, PLAT RECORDS, TARRANT COUNTY; MORE COMMONLY KNOWN AS 13348 THORNTON DRIVE; AS ESTABLISHED IN ORDINANCE NO. 253 FROM "BI ESTATE RESIDENTIAL" TO "RA RESIDENTIAL AIRPARK" USE; PROVIDING AN EXHIBIT "A" BEING A ZONING EXHIBIT SHOWING THE AREA BEING REZONED; AN EXHIBIT B PROVIDING FOR A LEGAL DESCRIPTION OF THE PROPERTY; PROVIDING FOR GENERAL REGULATIONS; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 23, 2007, the Board of Aldermen of the Town of Westlake, approved Ordinance 519 amending the Comprehensive Zoning Ordinance of the Town of Westlake by approving a new RA Residential Airpark zoning category; and WHEREAS, Joe Belvedere is eligible for RA zoning consideration having petitioned the Board of Aldermen for the zoning amendment to amend their current "Rl Residential Estate" zoning to the new "RA Residential Airpark" zoning, and having signed the required avigation easement. WHEREAS, the property an analysis of the Town's codes and regulations has determined that an amendment to these codes and regulations are required in order to protect the health, safety, and welfare of the Town and to comply with the development goals for low density residential development; and WHEREAS, on July 26, 2007 and August 23, 2007, the Planning and Zoning Commission of the Town has recommended that the Comprehensive Zoning Ordinance be revised in accordance with the procedures and processes established in that code for the Town; NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: Page I of 126 That the recitals set forth above are hereby incorporated herein, adopted by the Town and found to be true and correct; and SECTION 1: General Regulations: The property as described herein and depicted on Exhibits "A" and described in Exhibit `B" is hereby rezoned in accordance with this ordinance. The general regulations and requirements of the property as shown in Exhibits "A" and `B" shall be identical to and consistent with the requirements of the zoning category "RA" Residential Airpark described in Ordinance 519, Town of Westlake Uniform Development Code. 1.1 Zoning Exhibit A. Any amendment of zoning from "Rl" to "RA" shall be accompanied by a zoning exhibit map drawn to scale that clearly indicates the location of the requested zoning, the name of the applicant, the name of the owner, the date of preparation of the zoning exhibit, north arrow and scale, and any general notes deemed appropriate. B. The zoning exhibit map shall be a part of the zoning amendment and shall be filled with the adopting ordinance. 1.3 Applicable Town Ordinances A. Except to the extent as provided by this amendment, the "RA" land use shall be subject to all regulations provided in the Uniform Development Code and other Town ordinances as amended. SECTION 2: Existing Lot Considerations: Each primary use or accessory use building which existed on the properties described in Exhibit B on July 26`', 2007 is deemed to be legal non -conforming use for purposes of building setback measurements and may be re -constructed in the event of building loss on the same pad which existed July 26`x', 2007 provided such buildings meet the Town of Westlake "RA" Residential Airpark development standards. SECTION 3: 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 of Aldermen 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. Page 2 of 126 SECTION 4: 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 5: 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 to exceed the maximum allowed by State Law and a separate offense shall be deemed committed each day during or on which a violation occurs or continues. SECTION 6: This ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON THIS 27"' DAY OF AUGUST 2007. ATTEST: Scott Bradley, Mayor Trent O. Petty, Town ManagM~ AVIGATION RELEASE THE STATE OF TEXAS § § i v�o�v�tc n 13348 Tkltea Drive COUNTY OF TARRANT § WHEREAS, JJ hereinafter called "Owner" (whether one or more) is the owner of that certain parcel of land situated in the Town of Westlake, Tarrant County, Texas, being more particularly described as shown on this plat. NOW, THEREFORE, in consideration of the sum of ONE AND NO/100 ($1.00) DOLLAR and other good and valuable consideration, the receipt and sufficiency of which is hereby fully acknowledged and confessed, Owner does hereby waive, release, and remise to the Town of Westlake, its successors and assigns, and elected and appointed officials, agents, employees and attorneys, hereinafter called "Town", for the use and benefit of the public and its agencies, any and all claims for damages of any kind to persons or property that Owner may suffer by reason of the passage and flight of all aircraft in the air space above Owner's property to an infinite height above same, whether such damage shall originate from noise, vibration, fumes, dust, fuel and lubricant particles, and all other effects that may be caused by the operation of aircraft landing at, or taking off from, or operating at, near, or on the Stagecoach Hills Airpark. This instrument does not release the owners or operators of aircraft from liability for damage or injury to person or property caused by falling aircraft or falling physical objects from aircraft, except as stated herein with respect to noise, fumes, dust, fuel and lubricant particles. It is agreed that this Release shall be binding upon said owner and his heirs and assigns, and successors interest to said property, and it is further agreed that this instrument shall be a covenant running with the land, and shall be recorded in the Deed Records of the county or counties in which the property is situated. EXECUTED at C k c�, _-10 f ice' Texas this date of u -Lc'-_ 2007. f 6 THE STATE OF T[E[9XVS § ¢ — § COUNTY OF TARR24NT § -OWNER BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appearedydg 94u¢;s «+ , Llvel known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the ? day of i uk 2007. Notary Public, State of Texas nsc Czww \ssc, C_ p IVTJ HABoyle-LowryWest lake\w9-releases\w{-releases a,igation release.doc Ordinance 533 Stagecoach Rezoning Page 2 of 2 I. If you plan to build a metal hangar as allowed in the new RA District zoning, you must first be zoned RA. After you have been granted RA zoning, your property must be platted before being issued a building permit. 2. The Town is not paying platting fees. The platting fee for each lot in Stagecoach Hills is $990. If you desire, you may file your plat, pay your fee and be heard by the P&Z on July 26`h' "'h is the same night the Town initiated zoning case will be heard. Platting requests will be heard after the zoning has been approved. In order to make that agenda, you must turn in your completed plat and plat application no later than 5 pm, Monday, June 25`h Plats require significant more review time as they involve the work of the Town Engineer. Plat applications are available on the Town's web site under the category Developing in Westlake, Platting Process or may be picked up at the Town offices in Solana. 3. Receiving RA zoning does not negate the need to plat. Please remember the Town is initiating a zoning case and not a change to the platting procedures for the Town of Westlake. The Board of Aldermen has not changed the platting procedures and the Town has no ability to amend the platting requirements. If you have any questions concerning this letter or the instructions to be included in this Town initiated zoning case, please call Town Manager, Trent Petty at (817) 490-5719. Questions concerning platting should be directed to Town Engineer, David McCarver at 817-640-8535. So that we have a record of your decision to participate or not, please check the appropriate space below and return the document(s) to the Town of Westlake in the self addressed stamped envelope enclosed in this packet. a I DO wish to participate in the Town initiated Zoning Case for Stagecoach Hills and have attached the completed Zoning Change Request Application and the signed Avigation Easement along with the required survey or metes and bounds description. I DO NOT wish to participate in the Town initiated Zoning Case for Stagecoach Hills. I understand that my zoning district will remain Residential — I acre minimum (R-1). moI, A, p f 'e_0e 'E Printed Name of property owner °' 1eO Printed Name of property owner Thank you for your time and consideration. Sincerely, Trent Petty Town Manager Enclosures i, Signature of property owner Signature of property owner Ordinance 533 AWAICS-AT0OD1001420 TRACT ICT I.R. MD. A-100 BIC ue�D R. BAKER SURVEY 156 SOOT IRRECTONA- ComB5 OL VME ymee I AwBung we" LOT 1 n 13348 THORNTON DRIVE (60' RIGHT—OF—WAY) INei-I. .... we do en �/"I. I.Ens/iSO . MIDI/.. D.A.I.C1. 56 Am: BASIS n IMAYARS FOR US SonE,, "'M DATA Immen BY UIC ROPERTY lot 1, of Slegecouch Win. - d&U- To re�m.t County' Toles. (now in the City of Toetiale), accordin, To, the plot thereof recorded TO Volume 388-66. Page AS, Plat Recoti, Tartent County. Texas. URVEYOR'S ETATEMENT uw -TSIv.Z.-o noteu-. unu 5,, ". 1� ...m Ile. 1w D. o. lo 1, nou,., I-, . one it. &-�,00n l— "': I',. —, -, , A, Dw �l I= u, -,Ie-po-o o, '-w, .1 -owo .. w-. U. .1. W u..., oia'. I., Ae we on, - -Bup weno. met ne, te me mprnaaNlr 01 m. anaa:xlpr+a. wuNnMa I U, Be wme� ..I. I .. -1 y -no.. S U ye o D D .. ee" A An BID B Rmo"A DOWDY LAND SURVEYORS INC NI 68M MANHATTAN BLVD. SUITE MO FORT WORTH, TEXAS 7 120 0 (817) 429-9898 Ordinance 533 24.4- KID. "Aw" 4J be ol TRACT ICI I 2 A-108 R. BAKER SURVEYDo 1. JI, i� ma -66/53 9: on Po TRACT IC14 r ?7=, 50, RVIUDMG Lo.1, �om 156.50' 13348 THORNTON DRIVE (60' RIGHT—OF—WAY) INei-I. .... we do en �/"I. I.Ens/iSO . MIDI/.. D.A.I.C1. 56 Am: BASIS n IMAYARS FOR US SonE,, "'M DATA Immen BY UIC ROPERTY lot 1, of Slegecouch Win. - d&U- To re�m.t County' Toles. (now in the City of Toetiale), accordin, To, the plot thereof recorded TO Volume 388-66. Page AS, Plat Recoti, Tartent County. Texas. URVEYOR'S ETATEMENT uw -TSIv.Z.-o noteu-. unu 5,, ". 1� ...m Ile. 1w D. o. lo 1, nou,., I-, . one it. &-�,00n l— "': I',. —, -, , A, Dw �l I= u, -,Ie-po-o o, '-w, .1 -owo .. w-. U. .1. W u..., oia'. I., Ae we on, - -Bup weno. met ne, te me mprnaaNlr 01 m. anaa:xlpr+a. wuNnMa I U, Be wme� ..I. I .. -1 y -no.. S U ye o D D .. ee" A An BID B Rmo"A DOWDY LAND SURVEYORS INC NI 68M MANHATTAN BLVD. SUITE MO FORT WORTH, TEXAS 7 120 0 (817) 429-9898 Ordinance 533 SUZANNE HENDERSON COUNTY CLERK TOWN OF WESTLAKE KELLY EDWARDS SECRETARY 3 VILLAGE CIRCLE #202 ROANOKE, TX 76262 Submitter: TOWN OF WESTLAKE 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: Instrument #: 7/14/2010 10:30 AM D210169709 R 4 PGS D210169709 $24.00 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: DNCLARK THE STATE OF TEXAS •' !�' �11121 2 � 1, f)twc Ratu� , ADVERTISING MANAGER of the Alliance Regional Newspapers of Southlake, Texas, a newspaper of general circulation which has been published in Denton County and Tarrant County regularly and continuously for a period of one year prior to the first day of publication of this notice, solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: WINUSIVINEVERITIN TOWN OF WESTLAKE Advertising Manager S, S�RIBED AND SWOTO b fre me on the, day of j I)e c)__ to certi which witness y hq, d aild official seal. n a NOTARY PUBLIC, STATE 0 TEXAS TARA HU TIC"H!"IS Nly COMKIIISS10N, EXIPIRE�S] My Commission Expires- ID 1?11\\1. .1 APRIL 6, 2001