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Home My WebLink AboutOrd 542 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 13338 Thornton DriveTOWN OF WESTLAKE ORDINANCE NO. 542 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 2 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 13338 THORNTON DRIVE; 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, Michael and Paula Ferrer are 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 detennined 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 narne 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`t', 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 d: 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 anti- provision of this ordinance. and any person violating or failing to comply with any p.-ovision 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 daG 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 'f HIS 27"' DAY OF Ai 1GUS1 2007. 1rY➢�'lrI r` Scott Bradly Mayor rent 0. Petti I'ov~ri klanagpr - ZONING EXHIBIT STAGECOACH HILLS TRAM -R-I'TOCrS BEING REZONED Graham Associates Inc. FRO'RA' CONSULTING ENGINEERS & PLANNERS 8(lCl SIX a.gGs 1)41lW'Srts SIX, 7wil (am UA ITS UA L TR U10 i.87AC L4 A 'o �TR 101 2 A ETEvvCT 5 i '0 JANET CT B. A Z 1123AC 'Z "'E� I U 0 zA X'k,: �14 b:4 All 1K 'IR i m,y ICh, J —17-11" Etll I V11, .11, F V�' , I . — l KNI ns Ill lei 401 ll jE— W; w ct 31 0 STAGECOACH CM 30 IlFtic I, Is zo Z I'Ftlo close t. z TR 2 4 13.U4 E10 t TR iclwn ,N 221 t: Au 23 27 icloo 12.0AC + ION— IR IDI N2 3 u me IA 14 15 TR Iciall 2MITO T lRil 181 14 9.isso GARDE ZONING EXHIBIT STAGECOACH HILLS TRAM -R-I'TOCrS BEING REZONED Graham Associates Inc. FRO'RA' CONSULTING ENGINEERS & PLANNERS 8(lCl SIX a.gGs 1)41lW'Srts SIX, 7wil (am 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#: D210169718 R 4 PGS $24.00 D210169718 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 rf� AVIGATION RELEASE THE STATE OF TEXAS § 13338 Thornton Drive COUNTY OF TARRANT § PALOA P, WHEREAS, rA1C t L'Ir'+i. 't S' , 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 tAi S 6 ((t k =kms 2007. i/ a OWNER OWNER Texas, this '- I date of 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 M scLjef %cj:g F:e7m r, 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. G EN UNDER MY HAND AND SEAL OF OFFICE, this the � day of 2007. `•c`opn'v n"a'(c r KIM SUTTER -. �•,'" Notary Public, State of Texas a!�� SF My Commission Expires Nary Publi ; State of Texas °l;;gi;,;;�• August 25, 20o9 H:\Boyle-Lowry\West take4l-relemes4l-releases avigation release.doc Ordinance 542 Stagecoach Rezoning Page: oft 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 26`h' which 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 25a' 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. t, I DO wish to participate in the Town initiated Zoning Case for Stagecoach Hills and have attached the cdmpleted 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). Fevzerz- Printed Name of property owner Printed Name of property owner Thank you for your time and consideration. Sincerely, Trent Petty Town Manager Enclosures Signature of property owner gnataure of property owner Ordinance 542 ny I yla %" SB9°4B' 3/'"E /99 57(�Aal 2Od 7% \] h C C S Loto T2 C x O O m 0724 Acrc^s I1; m � � h a 4 7s.z /!/E9�5O'oB"W 2O9.43(P/d{POB7) F Sca/c/�4o' _.LST-HOWING SURVEY OF LOT 2, STAGECOACH HILLS ADDITION, TARRANT COUNTY, T -X7,7, ACCORDTN6 TO THE PLAT RECORDED IN VOLUME 388-66, PAGE 53, PLAT RECORDS, TARRANT COUNTY, TEXAS. COMMONLY KNOWN AS 13375 THORNTON DRIVE I, !/.'J�<!:2 //✓7 �L'', Registered Professional Land Surveyor Un. 2014, hereby certify this plat is a true and correct representation of a survey made under my supervision on the ground and there are no encroachments, protrusions or apparent easements, except as shown. Date 4f /'� LE-WAA D SURVEYING Ordinance 542 p.O. BOX 02oOMPANY FORT WORTH, TEXAS 76182-253 (8171281-5411 ..................... XIOTFJZHM�! R' T j� 1, aboi f" �&Ut M, , 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 first dw, f it, lication o t s ice solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: Advertising Manager AWN O WESTLAKE O,eRDOMA SCE NO, 54 Art Dk'dinanCe amend nng the G sar=n m A 'M for a savings and pro -1 for ppro- ��'�� nor an -ef6 dates It be .unlawful ly person to a any pa"ova- Df this or -dim. and. any i violating or to comply my provision shall be upgr con - in -an nt not to ex-