HomeMy WebLinkAboutOrd 538 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 5963 Stagecoach CircleTOWN OF WESTLAKE
ORDINANCE NO. 538
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING
APPROXIMATELY 1.601 ACRES IN STAGECOACH HILLS DESCRIBED AS
TRACT IC5A AND TRACT 1C1B5E IN THE RUTH BAKER SURVEY,
ABSTRACT NO. 108, TARRANT COUNTY, TEXAS; MORE COMMONLY
KNOWN AS 5963 STAGECOACH CIRCLE; AS ESTABLISHED IN
ORDINANCE NO. 253 FROM "RI 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, Bill and Patricia Buckmeyer are eligible for RA zoning
consideration having petitioned the Board of Aldermen for the zoning amendment to
arnend 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 Plamring 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"h, 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`h, 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 af€ectimg 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: -f his ordinance shall become effective anon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 27`x' DAY OF A!GU'S T 2007.
FYI
Scott Bradlcti 'vlayor
Trent O. Petty. Fown Vianagvf
AVIGATION RELEASE
THE STATE OF TEXAS § 5963 Stagecoach Circle
COUNTY OF TARRANT
WHEREAS, .kIkt.£ ha C43 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 a z s xt �'% Texas, this . date of
4up-r(11 2007.
OWNER }
THE STATE OF TEXAS
COUNTY OF TARRANT
OWNER
BEFORE ME, the undersigned, a Notary Public, in and for said County and State, on this
day personally appeared tad 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 HAND AND SEAL OF OFFICE, this the �7 day of
2007.
"'" ••` ELEANOR SNOW
MY COMMISSION EXPIRES { f
August t, 2000
tary Public, State of Texas
HABoyle-Lowry\west Lake\wl-releases\wl-releases avigation release.doc
Ordinance 538
Stagecoach Rezoning
Page 2 of 2
1. 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 26m' m°" 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 25thPlats
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.
✓ 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 — 1 acre minimum (R-1).
Printed Name of property owner Signature of property owt e
yay\- c�� M. �tac`Gw\2ak2C 1R7 tttttt
Printed Name of property owner Signature of property owner n
Thank you for your time and consideration.
Sincerely,
Trent Petty
Town Manager
Enclosures
Ordinance 538
g�\\ D . ? Pai���a M. Bockmcyer
5%3 Sldi�e�Gacb, G�c\e
UJesklake, Tx �tD26z-
(phi) V0 -$SV
FIELD NGTES
All that certain tract or Parcel of land Situated in the R. BARER
SURVEY, ABSTRACT NO. 108, Tarrant County, Texas, being part of a
tract described in a deed from Billy Allen, Receiver, to Harald R.
Gibson, W.I. Gilchrist, Johnie Renshaw and A.A. Thomas on March 15,
1974, as recorded in Volume 5616, Page 530, Deed Records, Tarrant
County, Texas, and being further described as being all of Lot 4,
Section 2, of Stagecoach Rills Subdivision and being more
particularly described as follows:
BEGINNING at a 1/2" iron rod found on the North line of said
Section 2 and being South 89 degrees 03 minutes 50 seconds West
243.48 feet from the Southeast corner of Lot 7, Section 1,
Stagecoach Hills Subdivision, as shown by the plat in Volume 388-
66,Page 53, Plat Records, Tarrant County, Texas and being On the
westerly right-of-way line of Thornton drive;
THENCE South 00 degrees 30 minutes 00 seconds East 531.35 feet to
1/2".. iron rod found on the. Northerly right-of-way line of
Stagecoach Circle;
THENCE North 88 .degrees 20 minutes 00 seconds West with said right -
o£ -way line 132.11 feet to a 1/2" iron rod found;
et to
THZNC iron North
d founds on 30minutes
South 00seconds
of said Se
Section1 of
Stagecoach Hills;
THENCE East
32.02
POINT OF BBEGINNING and9 degrees 01 containinginutes 50 1 601s 1 f
acres (69745
eet to
thesquare
feet.) of land more Or less. _
SURVEYOR'S CERTIFICATE
TO: SAFECO LAND TITLE COMPANY
THE PLAT HEREON IS A TRUE, CORRECT, AND ACCURATE REPRESENTATION OF
THE PROPERTY AS DETERMINED By SURVEY, THE LINES AND DIMENSIONS OF
SAID PROPERTY BEING AS INDICATED BY PLAT; THE SIZE, LOCATION AND
TYPE OF BUILDINGS AND IMPROVEMENTS ARE AS SHOWN, ALL IMPROVEMENTS
BEING WITHIN THE BOUNDARIES OF THE PROPERTY, SET BACK FROM THE
PROPERTY LINES THE DISTANCES INDICATED.
THIS PROPERTY APPEARS TO LIE WITHIN ZONE "X" (areas determined to
be outside 500 -year flood) ACCORDING TO THE FLOOD INSURANCE RATE
MAY FOR TARRANT COUNTY, TEXAS, COMMUNITY PANEL NO. 20 OF 310, MAP
NO. 48439CO020 G, EFFECTIVE DATE JANUARY 6, 1993.
Ordinance 538
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SHEET
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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#: D210169714
A
D210169714
4 PGS $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
I, U10bi t 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:
JANUARY 11, 2008
TO" OF WESTLAKE
Advertising Manager
,UB ,CRIBED AND S 0 TO before me on th, day of
to cert' y which witness in hand and official seal.
NOTARY PUBLIC, STATE OF TEXAS
TARA HUMI-HNS
My COMMISSION EXPIRES
My Commission Expires
APRIL 6, 200t)