HomeMy WebLinkAboutOrd 561 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 13278 Thornton DriveTOWN OF WESTLAKE
ORDINANCE NO. 561
AN ORDINANCE AMENDING THE COMPREHENSIVE ZONING
ORDINANCE OF THE TOWN OF WESTLAKE, TEXAS, REZONING
PROPERTY IN STAGECOACH HILLS DESCRIBED AS BEING LOT 21A OF
THE STAGECOACH HILLS ADDITION AND TRACTS 106 AND 1C1B1, 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 13278 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, Brian L. and Sharon K. Sanden is 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 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 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 Uniforn2 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 26t", 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 26Ih, 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 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 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 6: This ordinance shall 'become effective upon its passage by the
Board of Aldermen.
P SSE'D AND APPROVED ON THIS 2711, DAY OF UGUS"I 2007.
Scott Brad(cN. Ulavor
'Irent O. Pett I own .Manua
ZONING EXHIBIT
STAGECOACH HILLS
TRACTS BEING REZONED
„teak .Graham Associates Inc.
>tROM `R-7"ro•RA' CONSULTING ENGINEERS & PLANNERS
BW 51% 0.gG$ DRN l SI 500
ARLINC+IDl1.TIXFS 7MI (817)640- l6
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 #: D210169734
R 4 PGS $24.00
D210169734
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 § 13287 Thornton Drive
COUNTY OF TARRANT §
sp C,-
WHEREAS,
P WHEREAS, ,aro,.r K- ScL, yClej;)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.
XECUTED at Texas, this date of
2007.p�� }
OWNER OWNER AA
THE STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, th undersignC�ed, a Notary Public, in and for said County and State, on this
day personally appeared )PiLtyl ¢ Qkl4,Pdn Sul6 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 c:;,?� day of
DONNA YORK
Notary Public
STATE OF TEXAS (�.� JL
My ccvc 06?18/2009 Notary Public, State f exas
HABoyle-Lowry\West Lake\wl-releases\wl-releases avigation release.doc
Ordinance 561
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 261E h'°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 tum in your completed plat and plat application no later than 5 pm, Monday, June 25h' 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).
ur1 J A Ar✓ �%
Printed Name of property owner
Printed Name of property owner
Thank you for your time and consideration.
Sincerely,
Trent Petty
Town Manager
Enclosures
r
Signature of property owner
Signature of property owner
Ordinance 561
r,EGAL DESCRIPTION
A tract or parcel of land beina a. nnrti.on of Lot 21, STAGECOACH
HILLS SUBDIVISION, to Tarrant Countv. Texas. according to plat
recordedl� in Volume 388-Sixtv-six. Paae 53. Deed Records of
Tarrant Countv. Texas. and a tract of land situated in the R.
BAKER SURVEY, Abstract No. 108. Tarrant Countv_. Texas, and being_
more prticularly described as follows:
BEGINNING at an old iron rod at the Northwest corner of a 1.5
acre tract as recorded in Volume 5887. Paae 746. Deed Records of
Tarrant Countv. Texas. and beina_ South 0 degrees 07 minutes 05
seconds West a distance of 104.35 feet from an old iron rod at
the Northeast corner of said Lot 21:
THENCE South 89 degrees 58 minutes Fast: a distance of 66.50 feet
to a 1/2 steel rod:
THENCE South 00 degrees 18 minutes 40 seconds East a distance of
208.82 to a 1/2 steel rod in the north ria_ht-of-wav line of
Thornton drive!
THENCE West along said riaht-of--wav_ line 66.49 feet to the
southeast corner of said Lot 21, and the bea_innina_ of a curve to
the riaht with a radius of 208.7 feet:
THENCE along said curve and riaht-of-way line 278.37 feet to a
1/2 inch steel rod at the southwest corner of a tract as recorded
in Volume 7159, Page 2150, Deed Records. Tarrant Countv, Texas:
THENCE South B9 degrees 45 minutes 55 seconds East alona the
south line of said tract 202.0 feet to a 1/2 inch steel rod;
THENCE North 00 degrees 18 minutes 40 seconds West 50.0 feet to
the point of beainnina and containina 0.8681 acres of land.
TOGETHER with the following non-exclusive easements appurtenant:
Easement for taxing strip conveyed from Harold J. Thornton and
Lavana Thornton to each lot owner in .Staaecoach Hills Addition.
as set forth in instrument dated August 30. 1973. and recorded in
Volume 5517. Page 465. Deed Records of Tarrant County, Texas.
AND Easement for landing strip and runway as conveyed from Harold
and Lavana Thornton to each owner of property in Stagecoach Hills
Addition Section 2, in instrument dated March 23, 1976, and
recorded in Volume 6663. Page 61.5. Deed Records of Tarrant
County, Texas.
NOTE: According to Flood Insurance Rate Map, dated Aug. 4, 1987,
Tarrant County, -Texas, Community Ne. 480582B, this property IS
NOT in a Flood Hazard Area.
Ordinance 561
An Ordinance I Thc
tsars, STRACT NO. 108,
Von, TARRANT COUN-
amending the
ter
vidiho ?or general
COmPrehensive
i prq
named Froda need
ZoningOrdinance
of e Town OB
fro;
ceed the maxinnum
Westlake, Texas,
sch:
206
Le ai/
rezoning property
Garage Sales
CZ
viding for Penalty
clause; and !area
in Staecoach Hills
descried as BE-
ING LOT
AM
At,
ted each da g dur-
4 OF THE
Sur-
ing or on w ich a
STAGECOACH
Ba;
violation occurs or
HILLS ADDITION
Cot
continues. This
and tract Ic3b
RUTH
G91
ordinance shall
BAKED
SURVEY, AB-
Mir
Vol
become effective
upon its passage
STRACT NO. 208,
rjej
by the Board of
TARRANT COUN-
Uni
y.A I to e r m e n
TY TEXAS, AS
RECORDED IN
BA
PASSED AND AP -
PROVED AUGO-7
M
VOLUE 188-66
PAGE' 53, PLAY
Ban
She
27, 2007.
RECORDS TAR-
ZOUNTY;
Pile
TOWN OF/
WESTLAk$
RANT
U4
rM'
NOTICE To
MORE COMON-
Che
ORDNot
INA
LY KNOWN AS
SLIP
I
13328 thornt on
drive; established
in Ordinance No.
Pro(
Equi
An I Ordhnance
the
253 from 'FRI ES-
trac
amen&jn
if& s i v e
TATE RESIDEW
DW
e n
n Hnance
zo'g rd 6
TIAL�' TO. `IRA
THE
of the I Town of
RESIDENTIAL
Cost
Westlake, Texas,
AIRPARK" use;
roviding an Ex-
R
Prop
rezoning property
in Stagecoach Hills
ibit 'A' being, a
FOC
described as BE -
zoning exhibit
Equi
INGLOT*21OFTHE
showing the area
tract
STAGECOACH
being rezoni
and exhibit 011?
INSk
MILLS ADDITION,
RUTH BAKER
providing for a le.
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SURVEY, AB -
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u'
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public N tic Found
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Reward.
Lost Teacup
York e. Black
with tan legs, 4
lbs. Lost on
Christmas day in
vicinity of
Timberland and
Alla Vista
Roads.
972-530-9133
972-672-1365.
REWARD Small mix
brd 10yr old tern b k
dog (817)847-4614
Fal description of
he pro erty; pro-
tsars, STRACT NO. 108,
Von, TARRANT COUN-
toned, uPqn con-
vection in an
rdVVII -2.
"G"ONn collar'
91b male
vidiho ?or general
Plan' TY, TEXAS, AS
amour'i not to ex-
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purations; Pro-
MA9� RECORDED IN
ceed the maxinnum
meds (682)553-6655
viding
clause; and From
Elect VOLUME 388-66
PAGE 53, PLAV
allowed by State
Law and a separate
Garage Sales
CZ
viding for Penalty
clause; and !area
piurr,
Luml: RECORDS TAR-
Build, RANT &1UNTY-
offense shall be
de 'med commit-
��%%e=:,'_,
7 6.w
0 1 7
viding for an e,
Roof MORE CN�ANION'-
:ted each day dur-
584STihsley: Furn,
festive date. It
shall be. unlawful
Grou LY KN04MN AS
Supp 13288 Thornton
ing or on which a
violation occurs or
baby, ciths, house -
hall & more, Sat,84.
for any person to
,nc� PrIve, established
continues. This
Cooper & Subleff
violate any proVI-
sion of this ordl-
Fenci in Ordinance No.
ReZ �253 from IfRl. ES-
ordinance shall
become effective
area
76040 1306
Cliffwood Rd: Jan
an . any
P rs. In Viola inor
struc TATE RESIDEW
TIALF" TO ..RA
upon its passage
by the Board of
Bailin to copfly
it an rovislon
Pre-
meta RESIDENTIAL
AIRPARWI use;
A I d e r rn e n 1.
PASSED AND AF
11,12, 9:-6. Huge
Moving Sale Home
hereof shall - e
on a
wovidin an Ex-
PROVED AUGUST
arden, sports nse-
gold
fined, upc�p con-
Ues,
Servs Ribit "A' being, a
27,2007,
mise
NOTICE To
76116
BrantsLn Sat 8-12.
'ilctlon 11 an
amouni. not' to ex-
zoning exhibit
OFFI, showing the area
ceed the maximum
ONS -i being rezoni
Qg%
PROSPECTIVE
VENDORS
Fp , rugs raby/kid,
rhne I
allowed by State
SUPP and exhibit
d �s, etc
I
Lawaindaseparate
shall be
E Ut, provie for a Ie®
FEW description Of
The Northwest in-
School
76118 - 2612 Willov�
mve?
'Offense
deemed commit-
ted each d d
aK ur-
?al
Art he property, Pro
Equip vidin? for ge ric r;,
dependent
District is soliciting
rospective "Ven-
Park. Priced to
reduced from Previ-
Too
Ino or on W ich a
violation occlurS or
reou a tions pro-
; ,
vidling for a Savings
ors' for formal
� A
nus sale. much
to list must See-,
continues,
ordinance
become ei
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inance I Tn'CH�
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quotations (x I S, Sat. only 8-�
clause; and pro- proposals on cate-
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viding for penalty of personal Professiolis
clause,-, and pro- eft as required
roUr
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fective dates It I, 2do 2009
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the r
shall be unlawful • school year. The $30K T $70K No exp
far an nec will train. Pro -
y person to
vendors shall submit note from. within.
violateany prom® on their letterhead, Benefits Bilinguals a
slon of this ordi- Name of Company, plus- Apply in person
nonce, ' and any Address, City, ZIP Rent Ist,
Verson violating or Code Telephone 4200 S. Frwy email,
alling to cOmPly number, Fax Num- resume t
with any p I Jvin hoplans@
wovision ber, Name of Contact Ca taireyrents.com
hereof shall be erso(n, and the
con- P mg s) of the cat -
fin d na CLIC Architects is
victiean upon
in an es of seeking the follow-
amouni not to ex- or, quota q position Jn our
1`9 & bids/pro- In
tions Arlin ton, Frisco
ceed the maximum posals our company
allowed by State would Kke to receive ?on offices,
Law and a separate or the vendor may m *Project . Architect/
'
offense shall be to the northwest coordinator,
deemed cOmmik-ISD Financial Ser -
ted each dag aur- vices Department at
ing or on w ic.h a www,nisdtx.org and
violation occurs or rint the Vendor In -
continues, This formation Form.
ordinance shall
become effective Information may be
upon its passage Faxed to:
by the Board of
817.215.0009
AA d e r m e n. E-mailed to:,
PASSED AND AP- -poison
nisdtx.orgPROVED-AUGUST '!led o:27,2007.
Northwest Inde n -
TOWN OF dent School District
WESTLAKE J0 ce Poison
Fag Boxi77070
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L ADVERTISING • • 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:
Advertising Manager