HomeMy WebLinkAboutOrd 541 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 5932 Steve CourtTOWN OF WESTLAKE
ORDINANCE NO. 541
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING A TRACT
OF LAND IN STAGECOACH HILLS DESCRIBED AS BEING LOT 17 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
5932 STEVE COURT; 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 21, 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, Peggy and Delbert Fast 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 I: 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 -constricted 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 rhe
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 unlavrful 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 b: This ordinance shalt become effective upon its passage by the
Board of Aldermen.
PASSED AND APPROVED ON THIS 27°i DAY OF Al.GUS] 2007.
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ZONING EXHIBIT
STAGECOACH HILLS
TRACTS BEING REZONED Graham Associates lnc.
FROM'R-1' TO'RA' OONS�T)NG ENGINEERS & PLANNERS
OW sa F1gC..S w . suits s Ordinance 541
ngt1N(iTpry. TEXn3 76041 (Bl?) 6Ga-66aa
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ZONING EXHIBIT
STAGECOACH HILLS
TRACTS BEING REZONED Graham Associates lnc.
FROM'R-1' TO'RA' OONS�T)NG ENGINEERS & PLANNERS
OW sa F1gC..S w . suits s Ordinance 541
ngt1N(iTpry. TEXn3 76041 (Bl?) 6Ga-66aa
ZONING EXHIBIT
STAGECOACH HILLS
TRACTS BEING REZONED Graham Associates lnc.
FROM'R-1' TO'RA' OONS�T)NG ENGINEERS & PLANNERS
OW sa F1gC..S w . suits s Ordinance 541
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SUZANNE HENDERSON
COUNTY CLERK
OR%
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#: D210169717
1:7
D210169717
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
AVIGATION RELEASE
THE STATE OF TEXAS § 5932 Steve Court
COUNTY OF TARRANT
WHEREAS, Q ECG;r T� D LLMg'}i A , 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 1 Texas, this ` date of
2007.
OWNER O
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 DrnI A f c -� \f 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 c) � day of
-�. 2007.
r
t y,er rue GINGER ROBERTS AWSRY
Notary Public State OfTexas
My commission Expires Notary Public, State of Texas
September 26, 2010
--
H. e w -re easeslwl-releases avigation release.doc
Ordinance 541
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 26th' ` �"s 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 25th,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 is 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.
t ,•' 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. 1 understand that my
zoning district will remain Residential —1 acre minimum (R-1).
Printed Name of property owner
10tG6)/ j
Printed Name of property owner
Thank you for your time and consideration.
Sincerely,
Trent Petty
Town Manager
Enclosures
Signature of property owner
Signpture of property owner
Ordinance 541
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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,
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Section a e 6 Alliance Regional mews / Friday, Janu ill 2008
Legal/ ega1J Legal/ i alai/ Legal(
Public Notices Pubtices I'utslic IV€atice5 Public letotices Pxiblic I�tmsice€
TOWN OF viding for penalty ENG LOT 7 OF THE with any provisi dPAGE 53, PL,
ESTLAKE clause; and giro- STAGECOACH hereof shall be RECORDS Tfi
�viding for an ef- MILLS ADDITION fined,' upon con- RAFT EOUhl
ORDINANCE t
Dfective date. It RUTH BAKED victim in an MORE C
shall be. unlawful SURVEY, AB- amount not to ex- LY. KNOWN
An Ordinance fear any person to STRACT NO. 108, ceed the maximum 5928 JAN
amending the .violate any provi- T'ARRANT, COUN- allowed by Mate COURT; este
Comprehensive sera mat Haas ordi- TY, TEXAS, AS Law and a separate lisped in Ordinar
Zoning Ordinance nance, and any RECORDED IN offense shall be Nay. 253 from '°
of the Tosnaya of erson violating or VOLUME 388-66 deemed commit- ESTATE RE'
Westlake, :Texas, ailing to comply PAGE 53, FLAY ted each dayy dur- NTTIAL "TO " l
rezoning properly with any provision REWORDS TAR- ing or on which a RES I DE N T l
y t Stageco h lyl'as hereof shall be RANT OUNTY; violation occurs or IRPAR&m y' a;:.
destrilaed as BE fined, upon con® MORE CO Ohl- continues, This rovidina an E
l INGLOT15OFTHE viction in an LYKNOWN AS ordinance shall 91bit "All being
STAGECOACH amountnot to ex- 5936 JANET become effective zoning exhl!
MILLS ADDITION ceed the maximum COURT; estab- upon its passage showing the ai
RUTH BAKER allowed by State lished in ordinance by the Board of being rezonh
SURVEY, AS. Lawandaseparate Noe 253 from "RT, A 1 d e r m e n . and exhibit "
STRACT NO, 108, offense shall be ESTATE RESF PASSED AND AP- providing for a
IARRA T COUN- deemed con mit- DENTIAL" TO "RA PROVED AUGUST al description
? TV TEXAS, AS ted each day dear® RESIDENTIAL 27, 2f1d7. he. pro erty; pi
RECORDED ia� in orn wap a AIARIf"- use; Th F �;idin or gene.
VOLUME 388-66 vaolataen ®ccaar� or roMid"A"n 'aye x v��STLA re ac tions; p€
PAGE 53, PLYJ continues. This MRbeing a vi ingforasavi
;RECORDS TAR ordinance shall zoning exhibit ORDINANCE clause; and lei
rRANT ZOUNTy; become effective showing the areaW. 542 viding for Pena!
4 MORE E Ct3i�P191 ON- ,upon its passage beam rezonen clause; and pi
LTJ KNOWN AS by the Board of and exhibit �" An Ordinance viding for are
5937 Janet Court; A I d e r m e n . providing for a le- amendin the fdctive date.
established'in Or- PASSED AND AP- gal description of, Coynpre e n s 1 v e shall be ':unlaw�r
dersance leo, 253 PROVED AUGUST the pro erty; pros Zoning Ordinance for away person
arena "R1 ESTATE ;27, 2007. vidin or general of the Town of violate any pre,
FSI TIAL" �� re u ataon ; pro- estiake, Texas, sage of this car
to " RESIDENTIAL ��T� vi ingforasa�vyngd rezoning property nance, and a
AIRPARK" use; clause; and pro- In Sta�ecoach Llyyis person violating
h provadin an Ex- ORDINANCE viding for penalty descrilaed as - ding to coing
tc habit �,A y being a 1V�. 568clause; and pro ly�§� LST 2 OF THE with any provisa
zoning exhibit viding for an ef- STAGECOACH hereof shall
A showing the area An Ordinance festive date. It MILLS ADDITION, fined, upon cc
being rezonan amending the shall be unlawful RUT' BAKER Action in
d. and exhibit P' r5 `Comprehensive for any persona to SURVEY, AB- amount not to c
providing for a le-®nin9 Ordinance violate any provi- STRACT 1 O. '108, Geed the maximaa,
gal description of of the Town' of 'sion of this ordi- T ARRANT UN- allowed by StE
I �e property; pro- Westlake, Texas, nance, and arab TY, T XAS, AS Law and a separe
s:da !� for general rezoning property g�ers€�n violating car RECOR-DED I offense shall
regu Ing
,pro- _ln Sta coach Nills failing to comply VOLUME 389-66 deemed corm
viding fora savings descry ed as BE- with any provision PAGE 53, PLA` fed each dayda
clause; and pro I GL T14OFTHE hereof shall be RECORDS TAR- ing or on which
Hing for penalty STAGECOACH famed, upon con- RANT ZOUNTT; violation occurs
clause; and. pro- HILLS ADDITION viction yn an � MORE COMMON! continues. TI
$€id€ a d for an e - RUTH BAKER amount ya�t to ex-!! LY NOON AS ordinance sly
m.<,.., .e-4 ani pow A8i+_ m,.-..» A&.&.c1
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raa:yce, and any VOLUME 388-66 ted each da dear DENT IAL" T" 'IRA PROVED AUGUSP:,
erson violating or RAGE 53, PLAY I ing or on w aich a RESIDENTIAL 27, 2007.
railing to comply ;RECORDS TAR- violation occurs or AIRPARKFF Case; TOWN �F
with an prevision RANT EOUNT Y,, continues. Thls roliVQIA an xa FSTLA �
4 hereof shall lee MORE COMMON- ordinance shall Laybyt '°�a' being, a
;lned, upo cola- LY KNOWN AS � become effective zoning exhibit ORDINANCE
victioya in any 5933 Janet Court; Capon its passage showing the area NO. 547
established an ortl by the Board of being rezoning.
rSLmjur-- E-`A4.puuzI ., P.-�- au �, p a.— w axe- a adaxvae-as+aa�aa .,mase -
1 27, 2007. vi ingforasavings rezoning property nance and any TY, TESLAS, AS
T�
clause; and pro- In to ecoach l-Iylls gsarson violatinag or REC RDED ' I
TOWN OF IF viding for penalty descri ed as BE failing to co. ply VOLUME 388-66,
WESTclause; and, pro- IN LOT 6 OF THE with any provision PAGE 53, PLAT
ORDINANCE viding for an ef- STAGECOACH hereof shall be RECORDS TAR -
NO. 564 festive date. ' It MILLS ADDITION fined, upon con- RANT ZOUNTY,
shall be unlawful RUTIN BAKER viction in -an MORE COMMON-
An
O Ea O
An Ordinance for any person to SURVEY, AS- amount not to ex- LY KNOWN A.15"
amending, the violate any provi- STRACT O. 108, seed the maximum 23328 Thornton
Compreensive sion of this ordl- TARRANT COUN- allowed Say Stated Drive,; established
Zoning Ordinance nance, and any TY, TEXAS, AS Lawandaseparate in Ordinancelid,
of the Town of erson violating or ( RECORDED lid offense shall be 25 from "R�. S-
., estlake, T exas, ailing to 'comply 1 VOL.UM 3$8-66 deemed commit- TATE RESIDE -
rezoasayag pr�pety with any provision IAAF 53, SLA ted each day due TIAL" TO "R
era Ste ecoa h bills hereof shall be RECORDS TAR- ing or on v� ich a RESIDENTIAL
descry ed as E. fined, upon czars- RASaUT; violation occurs or AIRARPP ue—
ING LOT 8 OF THE viction in an MOR COMMON-;� continues. This � raaviding
an Rea`
(STAGECOACH; 9a a t to e€- L' f ail a i �, r _na c sy�a11 'bat 'A' beeng
EE 'RILES ADDITION, teed the maximum' 3298 'L NT` N ` ne�6me effecive f zanlaeg a hii!vgt
I
UTH BAKER, allowed by State DRIVE; estab upon its passage showing the area
SUR EYAB- L awv and a separate fished in Ordinance� by the Board saf � being rezonauhll s
S T RiacT NO, x.058. ova fonse shall be No. 253 from 11R2 A I .d ,a r ra�a_ � � and exhibit st ^"�