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HomeMy WebLinkAboutOrd 559 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 13239 Roanoke RoadTOWN OF WESTLAKE ORDINANCE NO. 559 AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING APPROXIMATELY 1.185 ACRES IN STAGECOACH HILLS DESCRIBED AS TRACT 1C6A AND TRACT 1C1111A IN THE RUTH BAKER SURVEY, ABSTRACT NO. 108, , TARRANT COUNTY, TEXAS; MORE COMMONLY KNOWN AS 13239 ROANOKE ROAD; 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, David and Rebecca Rollins 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 "RI" 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 26th, 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 26th, 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 S: 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" DAY OF AUGUST 2007. ATTEST: Kim Sutter, TRMC. Town Secretary APPRO AS TO FORM: E. Stanto L T -n Attorney Scott Bradl ,y, Mayor u Trent D. Petty. Town Managpf AVIGATION RELEASE THE STATE OF TEXAS § 13239 Roanoke Road COUNTY OF TARRANT § WHEREAS, j V2e~1r. ,, m-- Va-, (1m 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 � _ Texas, this `' F date of n" Y7. 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 esa *N � p rr`cwn to me to be the person and officer day personally appeared Dav 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. �j- VEN UNDER MY HAND AND SEAL OF OFFICE, this the ,c:_ -•- day of —2003 - (TIM SUTTER mots �tblic, State of Texas N1 -commission Expires ptEgUsf 23. 2009 Notary Public, State of Texas H:\Boyle-LowrylWest Lake41-releases41-releases avigation release.doc Ordinance 559 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, "'h'oe 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 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 817-540-8535. 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 initiated Zoning -4e f Hills. I understand that my zoning district will remain Residential - 1 acre (R-1). Printed Name of property owner Sign re of property owner Printed Name of property owner Signature of property owner Thank you for your time and consideration. Sincerely, Trent Petty Town Man er Enclosures Ordinance 559 EXHIBIT 'A' File No.: 896782-FL64 (DP) Property: 13239 Roanoke Road, Westlake, TX 76262 Being a tract of land situated in the R. Baker Survey, Abstract No. 108, Tarrant County, Texas, and being all that certain tract of land described in deed to Dennis K. Welch as recorded in Volume 11414, Page 1940, Deed Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a found 1/2 -inch iron rod on the West line of Roanoke Road, said iron rod being the Northeast corner of said Welch tract and the Southeast corner of Tract 1C2; THENCE South, a distance of 208.70 feet along said West line of Roanoke Road to a set 1/2 -inch iron rod for the Southeast corner of said Welch tract and being at the intersection of said West line of Roanoke Road and the North line of Thornton Drive (60 foot right-of-way); THENCE West, a distance of 246.71 feet along the North line of said Thornton Drive to a set 1/2 -inch iron rod, said iron rod being the Southwest corner of said Welch tract and being the Southeast corner of a tract of land described in deed to Tommy Youngblood and wife, Donna Youngblood as recorded in Volume 10403, Page 2343, of said Deed Records; THENCE, North 00 degrees 18 minutes 40 seconds West, a distance of 208.85 feet to a point from which a found 1/2 -inch iron rod bears South 18 degrees 51 minutes 41 seconds West, a distance of 1.33 feet, said point being the Northwest corner of said Welch tract and the most Northerly Northeast corner of said Youngblood tract and being on the South line of aforesaid Tract 1C2 and Tract 1C3A1; THENCE, South 89 degrees 58 minutes 00 seconds East, a distance of 247.84 feet along the North line of said Welch tract to the POINT OF BEGINNING and containing 51,624 square feet or 1.185 acres of land, more or less. A.P.N. 06680755 Ordinance 559 896782-FL64 I of I SUZANNE HENDERSON COUNTY CLERK TOWN OF WESTLAKE 3 VILLAGE CIRCLE 202 WESTLAKE, TX 76262 •`�„ 100 West Weatherford Fart Worth, TX 76196-0401 'T.4 `""'•" PHONE (817) 884-1195 Submitter: SUZANNE HENDERSON COUNTY CLERK DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 8113/2010 12:25 PM Instrument #: D210196935 R 4 PGS $24.00 By: D210196935 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: DBWARD