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HomeMy WebLinkAboutOrd 534 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 5900 Stagecoach CircleTOWN OF WESTLAKE ORDINANCE NO. 534 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING APPROXIMATELY 1.0 ACRES IN STAGECOACH HILLS DESCRIBED AS RUTH BAKER SURVEY, ABSTRACT NO. 108, TRACT 1C01136A OR TRACT 1CH36A (MAPPED), TARRANT COUNTY, TEXAS, MORE COMMONLY KNOWN AS 5900 STAGECOACH CIRCLE; AS ESTABLISHED IN ORDINANCE NO. 253 FROM "R1 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, Jay and Risa Bender are eligible for RA zoning consideration having petitioned the Board of Aldermen for the zoning amendment to amend their current "RI 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 1 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`x', 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 cunnulatk e of all other ordinances of the Town affectina the regulations of land and zonin, and shalt 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 j: 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°i DAY OF At'GUST2007. Scott Bradh�` Mayor Trent O. Pettv T awn Manager iA AVIGATION RELEASE THE STATE OF TEXAS § 5900 Stagecoach Circle COUNTY OF TARRANT WHEREAS, k1 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 Texas, this date of 4� 12007. OWNER �— OWNER THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this day personally appeared 1 (i t — o ;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. NEN UNDER MY HAND AND SEAL OF OFFICE, this the CTG day of 2007. Notary u r�" KAROLYN ADLOF H:\Bo le -Low \West Lake41-releaees41-releases avi ation release.doe \ ; Y ry B �.!Y%1vT *1 MY COMMISSION EXPIRES !FEBRUARY 19, 2010 n t .D me GRAPHIC SCALE b 0 N 1N ( IN FEE( ) I inch = 5a h. Owner: Jay & Pisa Bender 1408 Bentbrook Lane Sherman, TX 75092 903-893-3434 iii": JZ'IfTr COUNTWS „s locusr srxetT. Alts Tx 79020 917/441-2365 FAX 4}4-4999 staff¢ tneo.a,+:y,aesm.rea.mm,aeeoom +osJ 07ow2o2 BOARD OF ALD£RAfEN APPROVAL C£RTJFJCAT£ APPROVED RY TBE BOARD OF ALDff! yWN OF 1wESTL Rdff, TEXAS n this the Kuy of ATrssr. A(AYOR 21007V SECRETARY TO MN ATTOABN£Y AND TOTN ENGJNEER C£RTJFJGITE REVJ£lF£D RY.' TOIwN ATTORNEY TOJIN lNGJNd'6R I CERTIFY THAT THIS JS A TRUE AND ACCURATE RWPRESENTATrON OF THIS SURVEY AS MADE ON THE GROUND. L i LONNJB RRRD R.P.LS. No. 4E97 06-07-2007 1000 nu tnuvo (sure PIANS coao.- a7msvm1311 E235]20].91)a) E:2.b720a695a) John E. Douglas V7031. P.2205, D.R.T.C.T. Of Chord= S73a35'40'E 117.83' Lot I Block I Vicki L. Rr9da Intl D20427052U, UR.T.C.T. (r.m.VM V VNa) nai ev ) Stephen W. Thornton and wife. Paul& Thornton V.13931, P.35. D.R.T.C.T. 1 V1:S%m 2]Y aEaw xoo . x sur S7 (scT Pt.WE NpO._ N:7m&w.T.11es) E:235741&S 7) Lot I Block I Heffler, Subdivision (vRa- M P3, PR.LCL) cwto �wA) 211.02' .27T &taw x00 sEr H�]aJa]Ja0 LOaiO� CiM)110.6110) STATE OF TEXAS COUNTY OF TARRANT 4S Whereas, We. Jay Bender and wife, Rise Bender, being the owner of a tract e1 land situated in the R. Baker Survey, Abstract Number 308, Tarrant County, Teras, being Net same tract of land described m a deed to Vicki L Renda, recorded in Instrument ,D204270520, Deed Records, Tarrant County, Teras, being more particularly described by metes and bounds as follows: Beginning at a 100d Nail found for the northwest corner of said Renda Tract. same being Ne southwest comer of a tract of land described in s deed to John E. Douglas, recorded in Volume 7031, Page 2205, Dead Records, Tarrant County, Texas, same being in the east line of a tract of land described in a deed to Harold J. Thornton, recorded in Volume 4657. Page 361, Deed Records, Tarrant County, Texas; Thence S88 -14'180K., 79.98 feet to a 1/2" capped $PLS 4277" rebar rod set in the west Line of Stagecoach Circle, a 62' right of way; Thence along a curve to the left with a radius of 61.00 feet, an arc distance of 159.64 feet, with a chord Of S7395'40"g., 117.83 feet, to it 1/2" capped iIPIS 4277' rebar rod set to the south line of Stagecoach Cu le; Thence 1388.20'00"E, 18.00 feet to an X" cut set he a concrete driveway, same being the northwest corner of lot 1. Block 1, Aeffley Subdivision, recorded in Volume 388-170, Page 5, Plat Records, Tarrant County, Teras; Thence SO734427E., 205.80 feet along the common line of said Renda Tract and Heftley Subdivision to a 1/2" capped `RPM 4277" rebar rod set (Control Monument), same being in the north line of a tract of land described in a deed to Stephen W. Thornton and wife, Paula Thornton, recorded in Volume 13931, Page 35, Deed Records, Tarrant County, Texas: Thence N88"20'00"W. (Be" Bearing), 211.02 feet along the common line of said Renda Tract and said Stephen Thornton Tract to a 1/2" capped "RPLS 4277" rebar rod set (Contra] Monument), same being in the east line of said Herold Thornton Tract' Thence N00'30'51'W, 235.92 feet along the common line of said Renda Tract and said Herold Thornton Tinct to Ne Point of beginning and containing 1.00 sere of land. WHEREAS _ is the owner of a tract of land situated in __ _ / r Town of Westlake, County, Texas, according to the deed recorded in of the J Deed Records of County. Texas, and being more particularly described as follows: -NOW,-THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, __ does hereby adopt this plat, designating Ne herein above described property as an addition to the Town of Westlake, County, Texas. The easements thereon are hereby reserved for the purposes indicated. The utility and fire land easements &hall be open to the public, fire, and police units, garbage and rubbish collection agencies and the public and private utilities specifically approved by the Town of Westlake for the use of a particular easement. The maintenance of paving or any other surfaces on the utility and fire lane easements is Ne soja responsibility of the property owner. No buildings, fences, tress, shrubs, or other improvements or growths shat be constructed, reconstructed, or placed upon, over or across the easements as shown. Said easements being hereby reserved for mutual use and accommodation of all public utilities specifically approved by Ne Town of Westlake. Any public utility specifically approved by the Town of Westlake to use a particular easement shall at all times have the right of ingress and egress to or from and upon the easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its system, subject to complying with all ordinances, rules, regulations. and resolution of the Town of Westlake, Texas. The Town of Westlake. Texas, and the public utility shall have the right of ingress and agrees to private property for Ne purpose of reeding meters, maintenance. and service required or ordinarily performed by that utility. Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services, and wastewater services from the main to Ne curb or pavement line. Description of these additional easements herein granted shall be determined by their location as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of Ne Town of Westlake, Tarrant County. Texas. WINTESS, my hand, this Ne day of 20_. Jay Bander STATE OF TEXAS COUNTY OF TARRANT Before me the undersigned authority, a Notary Public In and for said County and State, on this day Personally appeared Jay Bender and wife. Rine Bender, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and see/ of office this _ day of 2007. Notary Public My Commission Expires ORD 534 FINAL PLAT OF Lot 1, Block 1, Bender Addition, AN ADDITION TO THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS, BEING A PLAT OF A TRACT OF LAND SITUATED IN THE R. BAKER SURVEY, ABASTRACT NUMBER 108, TARRANT COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO VICKI L. RENDA, RECORDED IN INSTRUMENT #D204270520, DEED RECORDS, TARRANT COUNTY, TEXAS, AND CONTAINING 1.00 ACRE OF LAND. THIS PLAT FILED FOR RECORD IN CABINET , SLIDE , DATE r BOARD OF ALD£RAfEN APPROVAL C£RTJFJCAT£ APPROVED RY TBE BOARD OF ALDff! yWN OF 1wESTL Rdff, TEXAS n this the Kuy of ATrssr. A(AYOR 21007V SECRETARY TO MN ATTOABN£Y AND TOTN ENGJNEER C£RTJFJGITE REVJ£lF£D RY.' TOIwN ATTORNEY TOJIN lNGJNd'6R I CERTIFY THAT THIS JS A TRUE AND ACCURATE RWPRESENTATrON OF THIS SURVEY AS MADE ON THE GROUND. L i LONNJB RRRD R.P.LS. No. 4E97 06-07-2007 1000 nu tnuvo (sure PIANS coao.- a7msvm1311 E235]20].91)a) E:2.b720a695a) John E. Douglas V7031. P.2205, D.R.T.C.T. Of Chord= S73a35'40'E 117.83' Lot I Block I Vicki L. Rr9da Intl D20427052U, UR.T.C.T. (r.m.VM V VNa) nai ev ) Stephen W. Thornton and wife. Paul& Thornton V.13931, P.35. D.R.T.C.T. 1 V1:S%m 2]Y aEaw xoo . x sur S7 (scT Pt.WE NpO._ N:7m&w.T.11es) E:235741&S 7) Lot I Block I Heffler, Subdivision (vRa- M P3, PR.LCL) cwto �wA) 211.02' .27T &taw x00 sEr H�]aJa]Ja0 LOaiO� CiM)110.6110) STATE OF TEXAS COUNTY OF TARRANT 4S Whereas, We. Jay Bender and wife, Rise Bender, being the owner of a tract e1 land situated in the R. Baker Survey, Abstract Number 308, Tarrant County, Teras, being Net same tract of land described m a deed to Vicki L Renda, recorded in Instrument ,D204270520, Deed Records, Tarrant County, Teras, being more particularly described by metes and bounds as follows: Beginning at a 100d Nail found for the northwest corner of said Renda Tract. same being Ne southwest comer of a tract of land described in s deed to John E. Douglas, recorded in Volume 7031, Page 2205, Dead Records, Tarrant County, Texas, same being in the east line of a tract of land described in a deed to Harold J. Thornton, recorded in Volume 4657. Page 361, Deed Records, Tarrant County, Texas; Thence S88 -14'180K., 79.98 feet to a 1/2" capped $PLS 4277" rebar rod set in the west Line of Stagecoach Circle, a 62' right of way; Thence along a curve to the left with a radius of 61.00 feet, an arc distance of 159.64 feet, with a chord Of S7395'40"g., 117.83 feet, to it 1/2" capped iIPIS 4277' rebar rod set to the south line of Stagecoach Cu le; Thence 1388.20'00"E, 18.00 feet to an X" cut set he a concrete driveway, same being the northwest corner of lot 1. Block 1, Aeffley Subdivision, recorded in Volume 388-170, Page 5, Plat Records, Tarrant County, Teras; Thence SO734427E., 205.80 feet along the common line of said Renda Tract and Heftley Subdivision to a 1/2" capped `RPM 4277" rebar rod set (Control Monument), same being in the north line of a tract of land described in a deed to Stephen W. Thornton and wife, Paula Thornton, recorded in Volume 13931, Page 35, Deed Records, Tarrant County, Texas: Thence N88"20'00"W. (Be" Bearing), 211.02 feet along the common line of said Renda Tract and said Stephen Thornton Tract to a 1/2" capped "RPLS 4277" rebar rod set (Contra] Monument), same being in the east line of said Herold Thornton Tract' Thence N00'30'51'W, 235.92 feet along the common line of said Renda Tract and said Herold Thornton Tinct to Ne Point of beginning and containing 1.00 sere of land. WHEREAS _ is the owner of a tract of land situated in __ _ / r Town of Westlake, County, Texas, according to the deed recorded in of the J Deed Records of County. Texas, and being more particularly described as follows: -NOW,-THEREFORE KNOW ALL MEN BY THESE PRESENTS: THAT, __ does hereby adopt this plat, designating Ne herein above described property as an addition to the Town of Westlake, County, Texas. The easements thereon are hereby reserved for the purposes indicated. The utility and fire land easements &hall be open to the public, fire, and police units, garbage and rubbish collection agencies and the public and private utilities specifically approved by the Town of Westlake for the use of a particular easement. The maintenance of paving or any other surfaces on the utility and fire lane easements is Ne soja responsibility of the property owner. No buildings, fences, tress, shrubs, or other improvements or growths shat be constructed, reconstructed, or placed upon, over or across the easements as shown. Said easements being hereby reserved for mutual use and accommodation of all public utilities specifically approved by Ne Town of Westlake. Any public utility specifically approved by the Town of Westlake to use a particular easement shall at all times have the right of ingress and egress to or from and upon the easement for the purpose of constructing, reconstructing, inspecting, patrolling, maintaining, and adding to or removing all or part of its system, subject to complying with all ordinances, rules, regulations. and resolution of the Town of Westlake, Texas. The Town of Westlake. Texas, and the public utility shall have the right of ingress and agrees to private property for Ne purpose of reeding meters, maintenance. and service required or ordinarily performed by that utility. Water main and wastewater easements shall also include additional area of working space for construction and maintenance of the systems. Additional area is also conveyed for installation and maintenance of manholes, cleanouts, fire hydrants, water services, and wastewater services from the main to Ne curb or pavement line. Description of these additional easements herein granted shall be determined by their location as installed. This plat approved subject to all platting ordinances, rules, regulations, and resolutions of Ne Town of Westlake, Tarrant County. Texas. WINTESS, my hand, this Ne day of 20_. Jay Bander STATE OF TEXAS COUNTY OF TARRANT Before me the undersigned authority, a Notary Public In and for said County and State, on this day Personally appeared Jay Bender and wife. Rine Bender, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and considerations therein expressed and in the capacity therein stated. Given under my hand and see/ of office this _ day of 2007. Notary Public My Commission Expires ORD 534 FINAL PLAT OF Lot 1, Block 1, Bender Addition, AN ADDITION TO THE TOWN OF WESTLAKE, TARRANT COUNTY, TEXAS, BEING A PLAT OF A TRACT OF LAND SITUATED IN THE R. BAKER SURVEY, ABASTRACT NUMBER 108, TARRANT COUNTY, TEXAS, BEING THAT SAME TRACT OF LAND DESCRIBED IN A DEED TO VICKI L. RENDA, RECORDED IN INSTRUMENT #D204270520, DEED RECORDS, TARRANT COUNTY, TEXAS, AND CONTAINING 1.00 ACRE OF LAND. THIS PLAT FILED FOR RECORD IN CABINET , SLIDE , DATE 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: 7/14/2010 10:30 AM Instrument#: D210169710 R 5 PGS $28.00 D210169710 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 1, Dtblo�j , 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 continuouslp for a %eriod Of ODQ pear (crior to the first dakA of ijejublication of this notice., solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: TARA HUTCHINS MY cOMMISSION EXPIRES APP -1 6, 2009 Advertising Manager before me on th day of er�fy which witnes* my hand and official seal. 117#777'W"T—F4 W r 1 My Commission Expires: