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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. Heal, SURVEY, AB - Le all Los, and u' P _J public N tic Found fiance, 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- named Froda need 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 1 '-rrirt: inance I Tn'CH� etre Hardw Netwo "ME Big Dc brooki tau, seri Blk lipi male rnix (8, Lost J Terr. F Lake 8 Lost Check ciel ( 12, . 1840 E Lost 2 Labrad( area, (E quotations (x I S, Sat. only 8-� clause; and pro- proposals on cate- gorms __111 viding for penalty of personal Professiolis clause,-, and pro- eft as required roUr viding for an ef- by EL 1144081? 1� C. m=2 fective dates It I, 2do 2009 � Manager Trainee 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 ORDINANCE Fort Worth, TX NO. 548 176177-0070 817-3-90 ai? 7) 925-6258 Call 81, -99*9 - Pro -Cuts now hiring hair i stylists. Up to $9/hour fja:?e Fay plus commission and more, based on experience and qualifica- tions. Call Pat for Southlake 34 i '817-390-77 Alik, D U R Pl A ,M in proud partnership with.,. IN h "R WE 0`1 F-IFEE R C4- 0- M NET' Mull BENS r,1 0M.-M.N.0 "K C PH HS 11"NION, UNRrAIDPA �INEN NO OrPRIE NIU, 9JI011-2-4-122-39.0C), iiCllk wharn, conductm pre— employmtit gr und checks wiotov vehiderec: '%Westimiouse Solar Ughts at A ii ice -Complex (Roanoke, Ek.) seem an hmpolt specialist. Nflitnum 3 years experience. must be detA oriented and able to read, speak andwrite Clic-lese. Good benefits. E-mafl resume to FlumanR,sou rces@idetexas-com w 'd salary histoni. Fax # 817-251-9131 Child Care 111 Child Great part-time hours for college student,; I and stay-at-home moms! 2:30-6:30 P.M. posit ions' or elementary rete r -school 1 -Campus �Ap, �oved I Met'P-S i If 1g2j1&'2bTPV#W f\ 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