Loading...
Ord 829 Approving Rezoning 5.28 acre tract of land 2205 and 2217 Pearson Lane from R5 to R2 TOWN OF WESTLAKE ORDINANCE NO. 829 AN ORDINANCE ZONING AN APPROXIMATELY 5.28 ACRE TRACT OF LAND COMMONLY KNOWN AS 2205 N. PEARSON LN AND 2217 N. PEARSON LN, WESTLAKE, TEXAS, FURTHER DESCRIBED AND DEPICTED IN EXHIBIT "A" ATTACHED HERETO, FROM R-5 "COUNTRY RESIDENTIAL DISTRICT" TO "R-2 "RURAL RESIDENTIAL DISTRICT"; AUTHORIZING RESIDENTIAL DEVELOPMENT; PROVIDING FOR THE AMENDMENT OF THE OFFICIAL ZONING MAP; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 102 of the Code of Ordinances of the Town of Westlake establishes zoning districts, permissible uses, development standards, and other zoning related regulations; and WHEREAS, Section 62-31 of the Code of Ordinances of the Town of Westlake adopts a Comprehensive Plan for the Town of Westlake; and WHEREAS, on May 10, 2017, the Town of Westlake received a Zoning Change Request from the landowner of the property depicted and described in Exhibit"A" requesting that the Town zone said property to R-2 "Rural Residential District" in accordance with Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas; and WHEREAS, because of the size, location, and natural features of the property the Town has a critical interest in the development of said property and is encouraging such development to the highest possible standards of quality consistent with the Town's long-term development vision; and WHEREAS, the property owner (or representative) appeared before Town Council and affirmed that the property owner is seeking this zoning request; and WHEREAS, all legal requirements of state statutes and Town ordinances of the Town of Westlake, as well as all legal requirements and legal notices and prerequisites having been complied with; and WHEREAS, on June 12, 2017, the request was heard by the Westlake Planning and Zoning Commission and the Planning and Zoning Commission recommended approval of said request; and WHEREAS,the Town Council of the Town of Westlake, Texas, at a public hearing called at a regular session of the Town Council did consider the following factors in making a determination as to whether the requested change should be granted or denied: congestion in the streets, including safety of the motoring public and the pedestrians using the facilities in the area; Ordinance 829 Page 1 of 4 to secure safety from fire, panic or other dangers; the promotion of health and the general welfare, to provide for adequate light and air, to prevent the overcrowding of land; to avoid undue concentration of the population, facilitating the adequate provision of transportation, water, sewers, schools, parks, and other public requirements; and WHEREAS, the Town Council has determined that said Zoning Change Request is consistent with existing zoning and the development goals, standards, and desired uses described in the Comprehensive Plan; and WHEREAS, upon the recommendation of the Westlake Planning and Zoning Commission on June 12, 2017, the Town Council of the Town of Westlake, Texas, is of the opinion that it is in the best interests of the Town and its citizens that this Ordinance should be approved and adopted. NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WESTLAKE TEXAS: SECTION l: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the property shown on attached Exhibit"A" is hereby rezoned from R-5, "Country Residential District"to R-2, (Rural Residential District". SECTION 3: This Zoning District shall be subject to the same regulations that apply to R-2 zoned property as described in Chapter 102 of the Code of Ordinances of the Town of Westlake, Texas. SECTION 4: The Town Secretary shall amend, or cause to have amended,the Official Zoning Map of the Town of Westlake to reflect the zoning of the property described and depicted on attached Exhibit"A". SECTION 5: It is hereby declared to be the intention of the Town Council of the Town of Westlake, Texas,that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Town Council of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional, phrase, sentence, paragraph or section. SECTION 6: That this Ordinance shall be cumulative of all other Town Ordinances and all other provisions of other Ordinances adopted by the Town which are inconsistent with the terms or provisions of this Ordinance are hereby repealed. Ordinance 829 Page 2 of 4 SECTION 7: Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor offense and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00) for each separate offense. A separate offense shall be deemed committed upon each day, or part of a day, during which a violation occurs or continues. SECTION 8: This ordinance shall take effect immediately from and after its passage as the law in such case provides. PASSED AND APPROVED ON THIS 19th DAY OF MAY 2017. OF IMS ATTEST: Laura Wheat, Mayor f0 ,k I Kellk Edwa' , Town Secretary Thomas E. Brymer o n Man ger APPROVED AS TO FORM: f A--L. S ton Lowry own Attorney Ordinance 829 Page 3 of 4 EXHIBIT A Description and Depiction of Subject Property Ordinance 829 Page 4 of 4 EXHIBIT A METES &BOUNDS DESCRIPTION TRACT A 3.01 (CALLED 3.0)ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY,ABSTRACT NO. 680,TARRANT COUNTY,TEXAS,BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36, DEED RECORDS OF TARRANT COUNTY, TEXAS,BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY,FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND,TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 1/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a 2.27 acre tract this day surveyed (called Tract II); THENCE along and with the common boundary of the herein described tract and said Tract II, West, a distance of 660.08 feet (called West, a distance of 659.72 feet)to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Tract II; THENCE along and with said R.O.W.,North O1°10'52"East, a distance of 198.43 feet(called North, a distance of 198.08 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a called 2.00 acre tract as conveyed to Becky Banks in Vol. 11850, Pg. 1636, Deed Records of Tarrant County, Texas; THENCE leaving said R.O.W., along and with the southerly boundary line of said Banks Tract,North 89056'03"East, at a distance of 21.15 feet passing a found pipe, a total distance of 661.03 feet (called East, a distance of 659.72 feet) to a found '/2" iron rod for the northeast corner of the herein described tract, the northwest corner of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South 01°27'05"West, a distance of 199.21 feet(called South, a distance of 198.08 feet) to the POINT OF BEGINNING and containing 3.01 acres, more or less. Ordinance 829 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. Donald Edward Smith Sr., •••••••••.••••••••••••SMIT••SR DONALD EDWARD SMITH SR. .................................. Registered Professional Land Surveyor Registration No. 2465 <•���'oc• e�P•' 0 Ordinance 829 METES&BOUNDS DESCRIPTION TRACT II A 2.27 ACRE TRACT OF LAND BEING OUT OF THE GREENBURY B. HENDRICKS SURVEY,ABSTRACT NO. 680, TARRANT COUNTY,TEXAS,BEING A PORTION OF THE SAME TRACT OF LAND RECORDED IN VOLUME 2271,PAGE 36,DEED RECORDS OF TARRANT COUNTY, TEXAS,BEING THE SAME TRACT OF LAND AS CONVEYED FROM SHERRY L. GRAY TO SHERRY L. GRAY,FARLEY G. HOUSTON AND JENNIFER HANCOCK COPELAND, TRUSTEES OF THE SHERRY L. GRAY LIVING TRUST RECORDED IN D213291713, OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS, SAID TRACT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at a found 1/2" iron rod at fence corner for the southeast corner of the herein described tract, a point in the westerly boundary line of a tract known as Tract 3 of the Shelby Estates, as recorded in Vol. 388-165, Pg. 28, Plat Records of Tarrant County, Texas, and a called 0.336 acre tract as conveyed to Fred Held and Ruby S. Held in Vol. 8905, Pg. 1530, Deed Records of Tarrant County, Texas, the northeast corner of a called 4.43 acre tract as conveyed to Sarah Khan and Nadeem Ahmad in Ins. No. D204399688, Official Public Records of Tarrant County, Texas; THENCE along and with the common boundary of the herein described tract and said Khan/Ahmad Tract, West, at a distance of 636.95 feet passing a found 1/2" iron rod, a total distance of 659.95 feet (called West, a distance of 659.37 feet) to a point of reference in the easterly R.O.W. line of N. Pearson Lane (a Public R.O.W.) for the southwest corner of the herein described tract, the northwest corner of said Khan/Ahmad Tract; THENCE along and with said R.O.W., North 01010'52"East, a distance of 149.87 feet(called North 01°10'52"East, a distance of 149.11 feet) to a point of reference for the northwest corner of the herein described tract, the southwest corner of a 3.01 acre tract this day surveyed, called Tract I; THENCE leaving said R.O.W., along and with the southerly boundary line of said Tract I, East, a distance of 660.08 feet(called North 89056'46"East, a distance of 659.29 feet)to a found %2" iron rod for the northeast corner of the herein described tract, the southeast corner of said Tract I, a point in the westerly boundary line of said Tract 3 and 0.336 Acre Held Tract; THENCE along and with the common boundary of the herein described tract and said Held Tract, South O1°13'44"West, a distance of 149.87 feet(called South 01°08'44"West, a distance of 149.73 feet)to the POINT OF BEGINNING and containing 2.27 acres, more or less. Ordinance 829 STATE OF TEXAS § October 31, 2014 COUNTY OF COLLIN § It is hereby certified that the above description was prepared from an actual survey on the ground of the described tract made under my supervision. Donald Edward Smith Sr., •••••••••.••••••••••••SMIT••SR DONALD EDWARD SMITH SR. .................................. Registered Professional Land Surveyor Registration No. 2465 <•���'oc• e�P•' 0 Ordinance 829 BECKY BANKS CALLED 2.00 ACRES TRACT FRED E. HELD & RUBY S. HELD (VOL. 11850, PG. 1636) CALLED 5.00 ACRES TRACT (VOL. 14685, PG. 151) \ o END. N 89.56'03" E 661.03' (F.M.) PIPE EA ON LINE ST 659.72' (DEED) CENTER BLOCK WALL F 'COVERED 21.15' 31.3' ❑ RETAINING WALL PATIO /D3 to BRICK 36.5' 41 1.R. ® MP � o GREEN HOUSE PAVING GARAGE METAL a.o' TRIED CONTAINER 40 WOOD DECK 24.1' CONC.' POOL COVERED CHAINLINK DRVTYY.. AREA FENCE 3.5' WLK SDWLK. 6.1 BRICK PAVING 120.8' TRACT I PAD 52.4' BRICK PUMP CALLED 3.0 ACRES TRACT uuuuuu MAILBOX ONE STORY (INS. NO. D213291713) ^ ❑ 3'.5' BRICK WOOD FRAME BRICK POND SDWLK. 12.1' PATIO 131292 SQ. FT. �- 0L 3.6' 0 31' CREEK 3.01 ACRES w m 4� A/C w c6 o 5.1 2.4-0 1 10.2 STORAGE PAD WIRE 2.5S� ] FENCE 0) 00 m COVERED - COVERED 0. STORAGE oro W 4.T 3.1' 20.4' PORCH BRICK CONC. rti CJ � 3: FH'C� PATIO M SDWLK. C) - ®GM 36.2' POND LP [O� PAD 00 l(D O O ®GM - EM E Q - BRICK C� j p'J o z `A/C SDWLK. w 1 E� C14 O PAD STONE 2' BRICKO Z SDWLK. O U / N 0. PAD O C6 cA LP 14.0' 35.9' 3.3' SHELBY ESTATES NPAD 18.6' - (VOL. 388-165, PG. 28) wM sr 639' o.e' TRACT 3 O ® LP & SIDING & FRAME EM° FRED E. HELD & RUBY S. HELD O LP LP LP LP MOBILE HOME LP LP CALLED 0.336 ACRE TRACT 4 JE OL 890 PG 153 CONC a' O d . �s � . °LP°n � =DRVWY. ° �'� V 5 0 m MP F LP Lp o � 'CONC. �C DR_VWY. ° • nn , ­MP. 0, a GATE,° ° 'PP . • 8 WEST 659.72' (DEED) - PP N 89°56'46" E 659.29' (DEED) PP END. :24 .�. . -GATE:.:.:.:.:.:.:.:.:.:.:.:.:.:.:.: :.:.:.: :.:.:.:.: :.:. .:.' '- -'- - WEST 660.08' (F.M.) 1/2" P.O.B. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I.R. TRACT I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -GRAVEL-•-•----' ^ MAILBOX v a SIDING FRAME & �H E E H FD N �n� FD I� ❑ �l[��]DD [M h SUR��� � MP EM ESHED li •-PATIO CID FD LL:0 31.T a u u N SJrFD_1ACU N ❑ Goo o Oo 2 I� 0.4' 0.4' of �S "- 2.4' TRACT II W ro 13f> o� E,`� 2M5­ (TRACT DESCRIBED IN N9, q .8' INS. NO. D213291713) °s 2 04 o 2�.� COVERED ro 0 0.4' O coxc. 98894 SQ. FT. 0 0.4' PATIO 2.27 ACRES STORAGE M 0 • z o Z 0 ®GM 'Co M M WOOD 23.00' if FENCE FND. WEST 659.37' (DEED) END. p O.B. ON E WEST 659.95' (F.M.) 1/2 ON LINE I.R. TRACT II SARAH KHAN & NADEEM AHMAD a� CALLED 4.43 ACRES TRACT o (INS. NO. D204399688) w SURVEYOR'S NOTE: BASIS OF BEARING, RECORDED The survey is hereby accepted with the GRAPHIC SCALE DEED UNLESS OTHERWISE NOTED. discrepancies, conflicts, or shortages in area or boundary lines, encroachments, protrusions, or z At date of this survey, the property is in FEMA designated overlapping of Improvements shown. 0' 40' 0 80 ZONE X as verified by FEMA map Panel No: 48439C 0080 K effective date of SEPTEMBER 25 2009 x z Exact designations can only be determined by a Elevation LEGEND U Certificate. This information is subject to change as a of result of future FEMA map revisions and/or amendments. x 1 Inch = 40 Feet a- o_ These standard symbols will MAHOTEA I, DONALD EDWARD SMITH SR., a Registered Professional Land Surveyor in the State of Texas, » » be found in the drawing. FINAL AS-BUILT SURVEY BOONE do hereby certify to ASSOCIA TITLE, LLC ROANOKE - DOVE and --- JOB NO.: 410024182 N0. REVISION DATE BOUNDARY LINE that the above map is true and correct according to an actual field survey, made by me on the ground or X X WIRE FENCE under my supervision, of the property shown hereon or described by field notes accompanying this drawing. I further DATE: 10/29/14 certify that all easements and rights-of-way of which I have been advised are shown hereon and that, except DRAWN BY: MN/SV • • CHAINLINK FENCE RAVEN as shown, there are no visible encroachments, no visible overlapping of improvements and no apparent WOOD FENCE SITE discrepancies or conflicts in the boundary lines, and no visible physical evidence of easements or rights-of-way APPROVED BY: DE_ as of the date of the field survey. I further certifythat this survey meets or exceeds the EE OVERHEAD ELECTRIC J minimum standards established by the Texas Board of Profssional Land Surveying (Section 663.18). TIMBER O POINT OF REFERENCE Borrower/Owner: C- Address: 2175 & 2205 N. PEARSON LANE GF No. 1410017-PC ''' FOUND IRON ROD RIDGE Q o M LAMBERT Legal Descrill of the Land: �P'G�5 Tf�•9 ® TELEPHONE PEDESTAL Legal Description of the Land: OAK o e ASPEN SEE NOTE D .• to••N TRACT I J POWER POLE Being all that certain lot, tract or parcel of land lying and z z .... ............................. bein situated in Tarrant Count Texas, and beingmore 5 oo DONALDEDWARD SMITHSR. (E ELECTRIC METER 9 y' a a- ............................ particularly known and designated as being a tract of land KNOX Q �0 2465 LIGHT POLE out of the G.B. HENDRICKS SURVEY in Tarrant County, a SUBJECT TO RESTRICTIVE COVENANTS AND/OR EASEMENTS RECORDED IN: PROPERTY PHOTOGRAPH: G Q . Texas, and being a part of the some tract of land Ld Q ••' o O�: WATER METER recorded in Volume 2271, Page 36, Deed Records, Tarrant O SPRINGS Q 9�••. £$S� (7 Count Texas. a •• •• , FIRE HYDRANT y' KNox a_ o o SU p,4® GAS METER TRACT II J WINTER a El MAILBOX BEING a tract of land situated in the G.B. HENDRICKS SURVEY, ABSTRACT NO. 680, Tarrant County, Texas, and METER POLE being the same tract of land conveyed to David Charles Hammonds and wife, Jeanette Leah Hammonds, recorded (DEED) RECORDED ON DEED in Volume 7851, Page 1826, Deed Records of Tarrant LOCATION MAP AMERISURVEYORSI.T.0 - DONALD EDWARD SMITH SR. R.P.L.S. FIELD MEASURED County, Texas. rm _ Registered Professional Land Surveyor N.T.S. 101 W.McUeoN 17r.Suite 175 Allen,Texas 75073 � Phone:(21a)677.4966 Email:orderwamer:surveyomcnm _ Registration No. 2465 Ordinance 829 INVOICE Star-Telegram Customer ID: TOW27 808 Throckmorton St. Invoice Number: 339751561 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 6/23/2017 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 6/25/2017 Bill To: TOWN OF WESTLAKE PO Number: 1301 SOLANA BLVD Order Number: 33975156 BLDG 4 STE 4202 Sales Rep: 073 WESTLAKE, TX 76262-7940 Description: TOWN OF WESTLA Publication Dates: 6/22/2017-6/23/2017 Description � , cri Fepth Linage MU Rate Amount Tcir , TOWN OF WESTLAKE ORDINANCE NC ��� � �`�� 35 35 LINE $6.13 $429.20 pIi11xTL TRACT Misc Feei LANDDryt .AS, 220 , PARSDN Lbi?N $10.00 N. PEARSCtN 1#UESTL A'iiI T #A 'rciTR C7RIREfl,A >} DEPI C ED 1N 1: 1BIT 60 AT- TAC ED H 11i. PRO R•5 i scDUNTR RESIDENTIAL -D15- TRICT6 TO 611-2 6RURAL.RESI• Net Amount: $439.20 S! SNTDELPEOREAL DEVELOPMENT, P OVIDI!eFORTHEAMENDMENT -OP Tti 'OFF IAL 20NING MAP; ,,,PRO ' OR A SEVRAI3ILF CCAirs PRI FOR: .Ldp ;F 2QVIDIN rDla A;� AL�"t I CAUSAND PRU IDIS t3R AN &F CTIV , r#TE SES f i( 7 Any',person aloiatirrg�-othe�pTovlolSs.#f County of Tarrant this ordinanceff shalt be`deemed guilty of a misdemeanor offense and upon conviction thereof shalt be fined In a sum not'to exceed Two Thousand Dollars ($2,000.00) Before me,a Notary Public in andforsaidCoul for each separate affense.A sept ,appearedLeticiaArriaga,Bids&LegalCoordinator arate offense shah be deemed for the Star-Te/ committed publishedby the Star-T committed upon each day,or art g ,p y of a da during which a viola!on Irrant County,7e;�as:and who after being duC sworn, occurs or continues.PASSED AND did depose andsay that the attached clipping of ��� VZ D ON 'His .9th DAY of Fre above named paper on the fisteddates: BIDS&LECGALS DEPT Star-Telegram.(t SUBSCRIBED AND SWORNTO BEFORE ME, THIS DAYOF ,lune �,�;2017 , U. u� •,� :� ��Tlr Q NOTA9ZYPUBLIC Thank You For Your Payment Remit To: Star-Telegram Customer ID: TOW27 P.O. BOX 901051 Customer Name: TOWN OF WESTLAKE FORT WORTH, TX 76101-2051 Invoice Number: 339751561 Invoice Amount: $439.20 PO Number: Amount Enclosed: $