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HomeMy WebLinkAboutOrd 548 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 13318 Thornton DriveTOWN OF WESTLAKE ORDINANCE NO. 548 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 4 OF THE STAGECOACH HILLS ADDITION AND TRACT 1C3B, 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 13318 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, JC and Sylvia Jammal are eligible for RA zoning consideration having petitioned the Board of Aldermen for the zoning amendment to amend their current "R1 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 "RF 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 reap 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 26t", 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 unlavN ul for any person to violate any provision of this ordinance. and any person violating or failing to compty with any provision hereof shall be tined, 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 &: 1 his ordinance shall become effective upon its passage by the Board of Aldermen. PASSED AND APPROVED ON TI IIS 27°i DAY OF AUGUST 2007. ATTEST: Scott Bradley Mayor ! € rent O. Pette. Mown 11a ager ZONING EXHIBIT STAGECOACH HILLS r TRACTS BEING REZONED Graham Associates,inc. rnd >tROM'R-1"r0'RA' . CONSULTING ENGINEERS & PLANNERS 6W six R w DRry .suf 500 PAUNGTON, TEAS 76011 (am 6,0 ,, 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 #: D210169724 4 PGS $24.00 I�Y.L[11mafN.LI 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 § 13318 Thornton Drive COUNTY OF TARRANT WHEREAS, tli 1/OPqy 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. (,=hl)o- G1� 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 c4ulkaTexas, this cz date of 2007. Ek - 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 . ye, JL?.trSrY" ak , 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. UNDER MY HAND AND SEAL OF OFFICE, this the 2 5t-lti. day of r0 2007. Mfi2j COPPENSrtate of Texas ✓ m y+'sion Expires 2004 Notary Public, to of Texas H:\Boyle-Lowry\West LakeM-relowes\wl-releases avigation releme.doe Ordinance 548 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 26 It, Ii,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 25E 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. 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 Prir ed Nanie of property owner Thank you for your time and consideration. Sincerely, Trent Petty e�% Town Manager Enclosures Ordinance 548 GI'# 669295 Page 1 of Legal Description LEGAL DESCRIPTION TRACT I: Lot 4, Stagecoach Hills Addition, out of the R. Baker Survey, Tarrant County, Texas, according to the Plat recorded in Volume 388-66, Page 53, Plat Records, Tarrant County, Texas. TRACT II: BEING a portion of the Ruth Baker Survey, Abstract No. 108, in Tarrant County, Texas, and described by metes and bounds as follows: BEGINNING at an iron pin found in the Northeast corner of Lot 4, Stagecoach Hills, an q Addition in Tarrant County, Texas, according to Plat recorded in Volume 388-66, Page 53, Plat Records, Tarrant County, Texas; THENCE East 104.35 feet to an iron pin; THENCE South 208.8 feet to an iron pin; THENCE West 104.35 feet to an iron pin in the East line of Lot 5, said Addition; THENCE North at 52.3 feet to the Northeast corner of Lot 5, and the South line of Lot 4, continuing with the East Line of Lot 4, in all 208.8 feet to the POINT OF BEGINNING and containing 0.50 acres of land, more or less. NOTE: COMPANY DOES NOT REPRESENT THAT THE ABOVE ACREAGE AND/OR SQUARE FOOTAGE CALCULATIONS ARE CORRECT. Ordinance 548 Jill......... .. I 1, b x &f, ePqUt&, , 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 for a (yeriod of one pear ill to the f irst ill of Lcublication of this notice_ solemnly swear that the notice hereto attached was published in the Alliance Regional Newspapers, on the following dates, to -wit: Advertising Manager f W MCRIBED ANDS TO m before e on toL day of , to ce ify which hand and official seal. NOTARY PUBLIC, STATS FTE S j icy TARA HUTCHINS My COMMISSION EXPIRES My Commission ExpireS. TOWN OF der I WESTLAKE 10 Pj ORDINANCE For NO. 548 761 4n Ordinalroce, -rk amending the g 0 r Con. Prehcinsive pro zongn Ordinance of the Town of 1)110 Westlake, Texas, 20C. rezoning property in Std coach Hills AT, descried as BE, At' IN G LOT 4' OF THE Sur STAGECOACH Ba: HILLS ADDITION Cot and tract Ic3b Goi RUTH BAKU miF SURVEY, AB- STRACT NO. 108, me TARRANT COUN- TY, Uni TY, TEXAS, AS RECORDED IN BA VOLUME 38 P166 A, Bar PAGE 53, She RECORDS TAR- Plie RANT EOUNTY; C U., MORE COMMON- Che LY KNOWN AS Sup 13328 -thorriton pF6( drive; established in Ordinance No. Equ 253from 71111 ES- rac TATE RESIDEW DW TIALF' TO. `RA Ti RESIDENTIAL Cost AIRPARK" use; prol: roviding an Ex- gibit 'A" being, a FOC zoning exhibit Equi showing the area frac' being rezonirp and exhibit - INSi providing for a le- Heal ?al description of Wor he property; pro- tion, vidl fc r general Plan r� I? ja pu ations; Pro- MAll vi inaferasavincis clause; and Oro- El vidinq for oenaltvi piuc, 9 � r"', in in I M e F Legal/ shall be unlavvi Public Notices Me- 'n' for any person ED AUGUST ted each da d or on wKic all any violate pro IQ violation occurs plies/ continues. . T )WNOF F` ordinance Sh Printh b co e effect Joyce Poison upon its pass Pailiri cord by, the Board Suppli "..A d e r " ' "_ PASSED AND hereof shall PROVED AUGU TECH 27, 2007. Ifig the Hardw amouni not to TOWN OF Netwo WESTLA ORDINANk 1 Ordinance and Pc allowed by StE An 9 0, Ina C", Law and a separz shall ng property deemed comm zoningOrdinar of Re To%,,vn Sed as BE- Westlake, Tex, inn or on w rezoning grope, brookt in Stagecoach H STAGE- described as E continues. T1 INGLOT'21OFT scribe STAGECOA1 'ION arad HILLS ADDITIC RUTH BAS( become effect SURVEY, I male STRACT NO. I RUTH TARRANT COL by the Board TY, TEXAS, RECORDED ZACT W& VOLUME 388 - PASSED AND PAGE 53, PL Terr. F RECORDS TA ZOUN' BUN RANT Roof MORE CW� Grou, LY KNOW Supp 13288 `horn'. nand Drove,, establisl Fend in Ordinance 1 Reno 253 from ',R1 I struc TATE RE IDI Pre- TIAL11' TO " Meta RESIDENT I an a AIRPARK`7 plies, e roviding an gibit "A" beini ervi. zoning exh OFF5 showing -the a 1NS7 being rezoni Supl� and exhibit E&P providing for a F gal description Art the profertir; I Equip, or vidin C sup I' ations; M Aulia plies/clause; ,pu I IngTorasava and I Bram; Biding for pew Equipiclause; and I Book Wing for an M e F S­u'P'p"I' ' I. shall be unlavvi =D AAP ND Me- 'n' for any person ED AUGUST ' S I all any violate pro 07a plies/ Sion of or, nance, and a )WNOF F` _ zSTLA Printh person violating to Joyce Poison Equipr Pailiri cord ANA t Suppli with any proviso Furnit hereof shall rd ordinance TECH fined, upon cc faction in Ifig the Hardw amouni not to rehensive Netwo ceed the maximt 1 Ordinance and Pc allowed by StE a Town of ake, Texas,offense C", Law and a separz shall ng property deemed comm lecoachHills ' d, ted eachclag icl Sed as BE- Big Dc inn or on w OT 21A OF brookt violation occurs STAGE- tau continues. T1 HILLS scribe ordinance Sh 'ION arad Blk Mi become effect 1c6 and male upon its passe RUTH mix (P- by the Board Z SURVEY AA d e r m e ZACT W& Lost J PASSED AND TARRANT Terr. F PROVED AUGU ry TEXAS, :c6RDED IN Lake S 27, 2007. LIE 3' 11 -6" Lost Cheese TOWN OF 53 AT PI , WESTLAKE cletv ZDSTAR- nRBINANCE Lostand Found Reward most Teacup up Yorkie. Black with tan. legs, 4 lbs. Lost on Christmas day in vicinity of Timberland and Alta Vista -.ads. 972-530-9133 972-672-1369. REWARD Small mixl brd 10yr old fern blk I dog (817)847-4614 1 Q� z: � 17.2 WE"i, E. 11, loolate any provi- iion of this ordl- Ilk r"', -lance, and any Jerson violating or , W_ P�_ Z Arln to comply N, h giny provision REW D 1000 iereof shall be Chihuahua mixt fted, upon con- Fawn w wht cher: viction in an 91b male rowncollar amounj not to ex- named Frodo need ceed the maximum meds (682)553-6655 allowed by State Lawandaseparate Garage Sales offense shall be deemed commit - :L 7 ted each dag,,dur- 5848TInsley; Furn, ing or on w h a baby, ciths, house violation occurs or hold & more. Sat -8-4 continues. This Cooper & Sublets ordinance shall area become effective upon its passage 76040 1306 by the Board of Cliffwood Rd- Jan A I d e r m e n . 11,12, 9-6. Huge PASSED AND AP- Moving Sale Home, PROVED AUGUSTgardensports hse-1 27, 2007, old rn, sc 76116 6804 NOTICE TO I PROSPECTIVE Brantsl_n Sat A VENDORS Fpr,,n, rugs, baby/kid, di.s Jes, etc The Northwest. In- 76118, 261VATI_'V low ftrS" Tor Tormai to list must seeJ I quotations & bids/ Sat. only 8-? proposals on cate- gories of personal Profess' ons roper; as re aired Coy iEC #44.03 (b) for the 2008-2009 T Manager Trainee T school year. The $30K $70K No exp nec will train. Pro- vendors r -vendors shall submit mote from within. on their letterhead, Benefits Bilinguals a Name of Company, plus. Apply in person Address, Cltlik ZIP Rent 'St " odeTelephone 4200 S. Frwy em ail Num6L Fax Nurn- resume to ber, Name of Contact caltva y"Pkins@ rdents.corn Person and the vLK —Architects is, names}) nams'of the cat- .__ -. seekinq the follow - e -_ *Fr or the vendor may go toordI`n,"ton', e to the Northwest . ISD Financial Ser- Architectural vices Department at a www.nisdtx.org and it . foMt the Vendor In- rmation Form. e information may beE torn, *Specli ca�w Writer - submit resumes to lgroz@ vikarchitects.com �p e if Faxed to; 817.215.0009 N .3 E-mailed to:, Pro. - Cuts now T A0json� nlsdtx.or9 hiring hair Up to ailed to. stylists. $9/hour base Northwest Inde en- pay dent School Dis rict Plus commission Joyce Poison and more, based PO Boxi77070 C-4- 1111—+h T.,( on experience And nuAlIfira- DURHAM ir proud paririer,�hip with... i� P L64 G L 614 W 4 f':l I whi I v P I !, 5 � 11, ! 21 rA A"Ift -W1 N .3 A`S511915 F WON 117111 -C tic, IRRMSFRIX� tl E IN CIOFFIEERI g 62% ep r Gpw m 1A 1,3111i LINERMPI 0-, r"', ON Rid 111\4 R 0 EF ej 11 ft f A,11�, I R'd kz wurhaarn conducts pre-emplicymel. gnmind chocks matow vehide r-- 1 Westinghouse Solar Ifights ai Arilalice -complex (_Rwanoke, A) seeks ai, Ltnpoi t specialist. Nfininiumn 3 years experiepce, Must be deWJ orienbed, and able to -read, speak and write Cilinese. Good benefits. E-roail resume to HumauResources@idetexas.com n salary history, Fax # 817-251-9131 ZrChild CC -re I Child Care J, _4 A VF T v.,V' "T Great part-time hours for college students 1 I I 3.. ­_ -____9 ' .On d.2fl_ _1