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HomeMy WebLinkAboutOrd 562 Amending the Zoning in Stagecoach Hills from Residential Estate R-1 to Residential Airpark 5937 Janet CourtTOWN OF WESTLAKE ORDINANCE NO. 562 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 15 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 5937 JANET COURT; AS ESTABLISHED IN ORDINANCE NO. 253 FROM "RI ESTATE RESIDENTIAL" TO "RA RESIDENTIAL AIR -PARK" 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, Richard E. Shea is 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 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 "Rl" 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 26`h, 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 d: This ordinance shall be cumulative of all other ordinances of the 1`owrt affecting the regudations 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 cornpi}with any provision hereof shat; 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. ATTLST: :n- Sttte , C Iov,n Secreiary Scott Brad�avor Tren�t. ?own Manager ZONING EXHIBIT STAGECOACH HILLS $ rtn�"�' TRACTS BEING REZONED gw fi n4 eS s' +.IIJ RROM `R-1' TO'RA' ©Graham AsNEERS & PANE ■ CONSULTING ENGINEERS & PLANNERS 8W SM R.gGS Dg1(W)E 5C0 E0111 (Bt)I PAUNGiON.IEX/1S ) 6C0-8535 SU7ANP,'E HENDERSON COUNTY CLERK ° + Y 100 West Weatherford Fort Worth, TX 76196-0401 PHONE (817) 884-1195 TOWN OF WESTLAKE KELLY EDWARDS SECRETARY 3 VILLAGE CIRCLE #202 ROANOKE, TX 76262 Submitter: TOWN OF WESTLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 7/14/2010 10:30 AM Instrument#: D210169735 IZ D210169735 4 PGS $24.00 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 § 5937 Janet Court COUNTY OF TARR%ANT § WHEREAS,` (f/U-131210 � 'SNCl?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. tL, EXECUTED at t Texas, this 3 { date of 2007. CI '1 ! l KC� xl OWNER THE STATE OF TEXAS § COUNTY OF TARRANT § OWNER BEFORE ME, thundersigned, a Notary Public, in and for said County and State, on this day personally appeared € � C- � � ,-cam 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. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 6,:11 S1'" day of KAREN DWALL -!' Notary Public SIATE OF TEXAS •� ': _-.. , x:. Exp. 08-21-2008 Notary Public, State of Texas HABoyle-LowryNest Lake\wl-releases\wl-releases avigation release.doc Ordinance 562 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 26U' wh,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 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 817-640-8535. 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 comp eted 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 — I acre minimum (R-1). Zee e, Printed Name of property owner Signature of property owner Printed Name of property owner Signature of property owner Thank you for your time and consideration. Sincerely, Trent Petty Town Manager Enclosures Ordinance 562 s ,GO T 1--5- &1,4AIET TU/�T T Frr�ha�- s��Fi�cc PLAT OF LOT 15, STAGE COACH HILLS, A SUBDIVISION OUT OF THE R. BAKER SURVEY, ABSTRACT NO, 108, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388-66, PAGE 53e DEED RECORDS, TARRANT COUNTY, TEXAS, CORRECTED DEDICATION RECORDED IN VOLUME 5229, "AGE 456:'.:. DEED RECORDS, TARRANT COUNTY, TEXAS 4LE I"- YP °TME" �'''"" SHOY'" LOYD BRANSOM SURVEYORS INC ®gym ®�OF REGISTERED PUBLIC SURVEYOR 1028 NORTH SYLVANIA AVE. � I 1 InOn FiN ,+Y: LV .ao FT. WORTH, TEXAS 761 - p IR°h P.P� b .., ...6 p[, / ��� ' 3477 d 6015 IARC STiK F_ i i g 3 YQ. Q'Y RTI 1 DO 'n ER EB-[.ERiIPY THAT THIS NHr' IS TRUE ❑ CONCR TE mOm -XX ZNCG , � 4nC su b --POWEF LINT e� -T—T— TE�EEti ONE UNE novo BRAN s64I 12185 °2T- I Section AA Paae 6 / Alliance Regional Dews / Friday, nua � 1, 2008 Legal/ E egal/ Lei it Le ll Le& Public Notices Public doses T'u�slic PzTTgatices f �u�izc N�tices iBub�s� Ib F �u TOWN OF ^ viding hfor penalty INN LOT 7 OR THE with any pro�sislon SAGE, ,53, ESTLAKE clause; and prom STAGECOACH hereof shall be RECORDS ORDINANCE viding .for aro ef- HILLS ADDITION fined, upon con- RANT NO. 562 festive date. It RUTH BAKER victiols in an MORE CC shall be unlawful SURVEY, AB- amount not to ex- LY KNOU Ars Ordinance for any person to STRACT NO. 108, ceed the maximum 5928 amending the violate any provi- TARRANT, COUN- allowed by State COURT; Comprehensive sion of this ordi- TY, TEXAS, AS Lawandaseparate ilshedits 01 zoning Ordinance' nance, and ;any RECORDED I offense shall be No. 253 fi of ;the Town of erson violating or VOLUME 388-66 deemed commit- ESTATE Westlake, Texas, ailing to comply PAGE 53; PLAY ted each da a dur- Ela1TIAL`'' l rezoning property with ally provision RECORDS TAR- Ing or on w ich aRESIDE i iii sta coachHills herecsf shall be RAIN ZOUN Y; violation occurs or AIRRARI�" descried as BE fined, upon cols- MORE COMMON- continues. This providing l ING OT 15. F T viction in an LY KNOWN AS ordinance shall Mbit `°A ` STAGECOACH amount not to ex- 5936 JANET become effective zoning DILLS ADDITION ceed the maximum COURT; estab- upon its passage showing t RUTH BAKED allowed by State liished in Ordinance by the Board of being r+ SURVEY, AS. Law and a separate No. 253 from "RI A I d e r m e n . and exhii L STRACT. 10$, offense shall be ESTATE RESI- PASSED AND AID- providing 3 TARRANT COON deemed commit- DENTIAL�� TO 'IRA PROVED AUGUST al descrii i T TEXAS, AS ted each day dur- RESIDENTIAL r 27, 2007. he propel RECORDED IN ing or on wlsich a A.IRPARK use; — vlding ?(or VOLUME 3$8-66 ` violation occurs or rovidin an Epi® T reguration: PAGE 53, PLAY continues. This Mbit ;`A ` being a ESTLAKE v! ingfora RECORDS TAR- ordinance shall zoning exhibit ORDINANCE clause; ai r RANT UOi. NTY; become effective showing the area . 542 :aiding for 4 MORE COMMON- upon its passage being rezoninclause; a1 LY KNOWN AS by the Board of and exhibit 'I Ara Ordinance viding for il 5937 Janet Courts A l d e r m e n. providing for a le- amending the festive d established in Or- PASSED AND p- al description df. Comprehensive shall be i a diisance No. 253 PROVED AUGUST he pro�serty; pro - 'Zoning Ordinance for any p� ,P 27, 2007, villin for general of the Town of violate an a sron`i �S ESTATE i RESIDENTIAL" TO regactions; pro- Westlake. Texas, sion of tt TOWN �� vis ing fora savings rezoriirig property nance, at l R, RE�l IalV use; ESTLAKE Al1�iQARI�" ;; use; clause; and pro- in Staqeo.6ach'Fiillspensois v1al he lloyidios an Ex- ORDINANCE viding for penalty described as BE- failing to iibit "A ` bein a NO. 568 clause; and pro- ING LOT 2 OF THE with any p tt 70nina exhibit viding for aro ef- STAGECOACH hereof A A { Lowing the Area An Ordinance festive date. It HILi:,S ADDITION fused, upi 13eiia9 rezonin arnending the shall be unlawful RUTH SAKE Action d and exhibit " Copispreisensive for any person to SLURdrEY, AB- a count nc providing Ifor a le- Zoning Ordinance violate any provi- STRAET NO. x.08, ceed the m sial description of of the Town of 'slon of this ordi= TARRANT `i COLI - allowed b; he prop erty; prow.' Westlake, Texas, nance, and any TT 1. TEXAS, AS Law and a rezoning property ersa�is violating of i E ED I offense s vidih for general deemed regulations; pro- in Sta ecoach ll-lilis ailing to comply VOLUME 388-66, vidingforasavings descried as BE- with any provision PAGE 53, PLAT *led each i clause; and pro ING LOT 14OF THE hereof shall be RECORDS TAR- ing or on I vidinq- for penalty STAGECOACH fined, upgn con- RANT ZOUN i Y; violation o coas�s4; and. prom HILLS ADDITION viction in an MORE COMMON- continues THS viding for an of RUTH BAKER amount not to ex- LY KNOWN AS ordinance shad ective date. it SURVEY, AE= ceed the maximum 13338 THORNTON become effective shall be unlawful STRACT NO. 108, allowed by State DRIVE; estab- upon its passage for ;any person to TARRANT COUN. Law and a separate lishedin rdinance by who hoard off XPi i � �3TEP e4s na,e- TY, TEXAS, : AS offense shall be No. 253 from "'RI A I d e r m a ice PASSED AND AP- PROVED AUGUST 7, ,2007 TOWN:OF ESTLAKE ORDINANCE NOa 547 rovidin an Ex- r vvi�, � re uFations, pro- Westlake, Texas_. ped each day our- „ �, ESTLAKE ing or on lsish a ibit A being a vi ing for a swings rezoning : property violation occurs or zoning exhibit ORDINANCE clause; and ' pro- in Sta ecoach Hills continues. This showing the area NO. 537 viding; for penalty descried as BE - ordinance shall being rezonin clause; and pro- ING LOT 3 OF THE became effective and exhibit "94 An Ordinance viding for an ef- STAGECOACH upon its passage providing for a le- amending the fectivp date. It FALLS ADDITION by the Board of gal description of Comprehensive shall be unlawful RUTH SAKE A I d e r las e n . he pro erty; pro- Zoning Ordinance for any person to SURVEY AB_ PASSED AND AP- vidin or general of the Town of violate any provi- ST T O. 108, PROVED AUGUST regMations; pro- Westlake, Texas, sion of this ordlw TARRANT COUN- 27,2007. vidingforasavings rezoning property nance, and any TY, TEXAS, AS clause; and pro- in to ecoach Fulls erson violating or RECORDED IN i WN OF viding for penalty described as BE- failing to cd ply VOLUME388-66, clause; and pro- IVIG LOT 6 OF THE with any provision RAGE 53, PLAT ORDINANCE viding for an ef- STAGECOACH hereof shall be RECORDS TAR - NO. 564 fective date. It FULLS ADDITION fined,< upon cols- RANT i�I�I�W; shall be unlawful RUTH BAKER victGn in -an MORE COMMON; An Ordinance for any person to SURVEY, AB- arnouni not to ex- LY KNOWN A amendingthe violate any provi- STRACT NO. 108, ceed the maximum 2 328 Thornton C o m p r eh a n s i v e 'sion of this ordi- TARRANT COUN- allowed by State Drive,; established Zoning Ordinance nance, and any TY TEXAS, AS Law and a separate in Ordinance o: of the Town of erson violating or RECORDED IN offense shall be 253 from 1`1111`111E ES - Westlake, Westlake, Texas, failing to comply. VOLUME 388-66 deemed commit- TATE RESIDEN- rezoning property with any provision MAGE 53, PLA` ted each day. dur- TIAL" TO " in to ecoach Fulls hereof shall be RECORDS TAR® iitg of on wlslch a RE S l DE N TIAL described as BE- fined, upon coil- RAN O TY violation occurs or AIRpARK" Use; ING LOT 8 OR THE viction, in : an'MORE�ACOMMO - continues This prrovidinq an x- 1 HILLS AG E C 0 A C u s n buy n., to �' x- L `� ' K1 I � S �vs nw ce shall 'a� :bi W £+inq a uLL ADDITION, med the maxi a 3298 THO Ri Old becoi e �fect :� % in ein RUTH BAKED 'allowed by State DRIVE; estab- upon its passage sh9wing she aaea !SURVEY, ASV � Law and a separafe licked in, Ordinance by the I�oard of being rezone STRACT 1� ( � a� offense shall be No. 253 from "R1 A l d a r ice_€ � and _ axhibi� - '.' I, ?�Mej&, 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 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: 7ARA HUTCHINS W MYOPAMOSION EXPIRES APRIL 6, 2009 Advertising Manager e me on the day of which witness my hand and official seal. My Commission