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HomeMy WebLinkAboutORD 2009-017 ORDINANCE NO. 2009-17 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z09-01 ON A TRACT OF LAND OUT OF THE G. W. MINTER SURVEY,ABSTRACT NO. 1034, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "R-7.5" SINGLE FAMILY DISTRICT REGULATIONS; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after all legal notices, requirements, conditions and prerequisites having been complied with; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council did consider the following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the neighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the effect on the transportation, water sewerage, schools, parks and other facilities; and WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing called by the City Council of the City of Grapevine, Texas did consider the following factors in making a determination as to whether this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS,the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change,that the public demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population;facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the City Council of the City of Grapevine, Texas has determined that there is a necessity and need for this change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore, feels that a change in zoning classification for the particular piece of property is needed, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas and helps promote the general health, safety, and welfare of this community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine,Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ORD. NO. 2009-17 2 amended and changed by Zoning Application Z09-01 to rezone the following described property to-wit: being a 6.68 acre tract of land out of the G. W. Minter Survey, Abstract No.1034, Tarrant County, Texas (Tracts 3, 3G, 3H, 3J, and Lot 1, Block 1, Thompson Addition—4370, 5412, 5500 and 5516 Roberts Road), more fully and completely described in Exhibit"A", attached hereto and made a part hereof, which was previously zoned "R-20" Single Family District Regulations is hereby changed to "R-7.5" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Said property shall be governed by the deed restrictions attached hereto as Exhibit "B" and made a part hereof, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets;to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation,water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. That this ordinance shall be cumulative of all other ordinances of the City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions of those ordinances are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum ORD. NO. 2009-17 3 not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 21st day of April, 2009. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 19th day of May, 2009. APPROVED: William D. Tate Mayor ATTEST: c7f144:_aa_, .14.e&e5 Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2009-17 4 State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Linda Huff and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 19th day of May, 2009. Not ry Signature My Commission Expires: 01/14/2012 ANNE BAKER * � * Notary Public �.y, State of Texas of My Comm.Expires 01-14-2012 ORD. NO. 2009-17 5 EXHIBIT__. TO OR-D. AR), a00947 Page ____L of / Being a 6.68 acre tract of land situated in the G.W. Minter Survey,Abstract Number 1034, in the City of Grapevine,Tarrant County, Texas,and being Lot 1, Block 1, of Thompson Addition,an Addition to the City of Grapevine,Tarrant County, Texas,thereof recorded in Volume 388-211, Page 66, of the Plat Records,Tarrant County,Texas,and being that certain tract of land conveyed to Rodney Dean Thompson and wife,Gayle H,Thompson, by deed recorded in Volume 6835, Page 2136,Deed Records,Tarrant County, Texas, and being that certain tract of land conveyed to Richard Chatfield and spouse,Carri Chatfield,by deed recorded in Volume 14562,Page 85, said Deed Records,and being that certain tract of land conveyed to Wesley A.Johnson,by deed recorded in Instrument Number D208402991, said Deed Records,and being more particularly described as follows: BEGINNING at a point for corner, said point being the southeast corner of said 6.68 acre tract, same being the northeast corner of Stone Gate Addition,an addition to the City of Grapevine, Tarrant County,Texas according to the Plat thereof recorded in Cabinet A, Slide 47,said Plat Records, same being hi the west right-of-way line of Roberts Road(a 60'right-of-way); THENCE South 89 deg.45 min.23 sec. West,along the common line of said 6.68 acre tract and the north line of said Stone Gate Addition,a distance of 503.15 feet to a point for corner, said point being the southwest corner of said 6.68 acre tract, same being the northwest corner of Lot 7, Block 1, said Stone Gate Addition,said Plat Records; THENCE North 00 deg. 19 min.45 sec.East,along the common line of said 6.68 acre tract,and the east line of said Stone Gate Addition, said Plat Records, a distance of 476.13 feet to a point for corner, said point being the northeast corner of Lot 15,Block 1,said Stone Gate Addition, same being the southeast corner of Lot 16,Block 1,of Stone Gate Addition,an addition to the City of Grapevine,Tarrant County,thereof recorded in Cabinet A,Slide 184,said Plat Records; THENCE along the common line of said 6.68 acre tract,and the east line of said Stone Gate Addition(Cabinet A, Slide 184),passing the northeast corner of said Stone Gate Addition (Cabinet A, Slide 184), same being a southwest corner of Stone Gate Addition,an addition to the City of Grapevine, Tarrant County, Texas,thereof recorded in Cabinet A,Slide 185,said Plat Records,and continuing a total distance of 112.78 feet to a point for corner,said point being the northwest corner of said 6.68 acre tract; THENCE South 88 deg.47 min 11 sec.East,along the common line of said 6.68 acre tract,and the south line of said Stone Gate Addition(Cabinet A, Slide 185),a distance of 497.37 feet to a point for corner, said point being the northeast corner of said 6.68 acre tract,same being the • southeast corner of said Stone Gate Addition(Cabinet A, Slide 185),same being in the west right-of-way line of Roberts Road; THENCE South 00 deg.21 min. 44 sec.East,along the common line of said 6.6.8 acre tract and the west right-of-way line of said Roberts Road,a distance of 576.24 feet to the POINT OF BEGINNING and containing 291,126 square feet or 6.68 acres of computed land. Above described tract being more commonly known as 4300,4370, 5412,and 5500 Roberts Road, in the City of Grapevine,Texas. MAR 2 6 2009 E)IMiIi1- TO oa. 06. a0O941 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made as of the 19th day of May, 2009 by the City of Grapevine, a Texas Home Rule City located principally in Tarrant County, Texas ("City") and Rodney D. Thompson, Gayle H. Thompson, Richard Chatfield, Carri Chatfield and Wesley A. Johnson, Jr residing in Grapevine, Texas, 76051, hereinafter referred to as Owner. WHEREAS, Owner is the owner of certain real property located in Tarrant County, Texas, more particularly described in Exhibit 'A' attached hereto and incorporated herein for all purposes and in Exhibit 'B' ("concept plan"), also known as 4370, 5412, 5500 and 5516 Roberts Road, Tracts 3, 3G, 3H and 3J, Abstract 1034, G.W. Minter Survey and Lot 1, Block 1 Thompson Addition, Grapevine, Texas ("the Property"); WHEREAS, the Owner has agreed to impose certain restrictions upon the Property which restriction will be enforceable by the Owner and the City against any owner or subsequent purchaser of the Property; NOW THEREFORE, the Owner declares that the Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants hereinafter set forth. 1. Limitations and Restrictions as to Use — The Property shall be developed in accordance with and in compliance with the following: (a) All provisions of Section 15, "R-7.5", Single Family District, City of Grapevine Zoning Ordinance (Ordinance 82-73) shall be adhered to in the development of the property (b) No more than twenty three (23) subdivided lots as shown on the concept plan (Exhibit 'B') 2. Binding Effect and Duration — These covenants shall remain in force and effect for a period of twenty-five (25) years from the date of execution of this instrument and shall be extended for continuous period of five (5) years unless terminated by written agreement of the City and the then current owner of the Property. 3. Amendments — This Declaration may be amended only pursuant to a written amendment executed by City and the then current owner of the Property and recorded in the Deed Records of Tarrant County, Texas. 4. Enforcement — The City shall have the right (but not the duty) to enforce the provisions of this Declaration. Enforcement shall be by DECLARATION OF RESTRICTIVE COVENANTS 1 EXHIBIT_&. TO ORD. No. a009-/,1 Page Of -aim- '"'""" any proceeding at law or in equity against any person or persons violating or attempting to violate any part of this Declaration, either °' to restrain violation or to recover damages. Failure by the City to enforce any provision of this Declaration shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees from the non- prevailing party. 5. Severability — Invalidation of any one or more of the covenants, conditions and restrictions contained herein, or any portion thereof, by a judgment or court order shall not affect any of the other provisions herein contained, which shall remain in full force and effect. In the event any provision of the instrument requires an act that would violate any law, ordinance or regulation promulgated by a governmental body having jurisdiction, then the actions so required herein shall be excused and such law, ordinance or regulation shall control. 6. Interpretation — The section headings appearing in this instrument are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section hereof. 7. Nothing herein, in any manner, shall preclude the City from exercising its police power, including the zoning and rezoning of the Property, which action shall not impart, alter, amend or terminate these restrictive covenants. EXECUTED as of the date first above written. City Secretary CITY OF GRAPEVINE Z-'-'- n Huff 741/6. Bruno Rumbelow, City Manager City Attorney John F Boyle, Jr. Ntegi DECLARATION OF RESTRICTIVE COVENANTS 2 EXMI!!IT a T3PA0 . a 9-!i Page of"o A REED TO B OWNER I '!�._.�•��,t1.v1r,� .. I '2g . IAA/1W—.a 'o•r -y I omps• Gaylen Thompson AGREED TO BY OWNER Ighlak a 11) __ ,..----_----ii-er- -.. CM 4 , f i -icip haffield - n Chatfie AGREED TO BY OWNER a%G�2� .,! / / Wesley A . Johnson, Jr./ � The State of Texas County of Tarrant NOW BEFORE ME Susan Batte on this day personally appeared Bruno Rumbelow, "'o` City Manager, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this as ni day of cIIU/1Q , 2009. My Commission Expires: `(11111111,10 �v,,0 0 BAti. i'�� 'a, , �'5,r Q,id PUN,.... ,r. Not Public in and for the . ti :'s 1i �? State of Texas IN . ;.*•' `�I4rE of i . E2(70 .q ,''s%, ON23`,0o NNN •1111 Nos DECLARATION OF RESTRICTIVE COVENANTS 3 EXHIBIT TO QKO- No. aoo9-17 Page y of The State of !e'KQS County of rran� BEFORE ME S1A1U _ on this day personally Appeared RODNEY D. THOMPSON AND GAYLE H THOMPSON, Owner, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this ut 7 — day of , 2009. `111111 lll/i,�i My Commission `pl*V,F,. =� 4 4 4 1 Altlt = o Z � Ira No =ry -ublic in and for the snare ocice o° State of Texas ,i////ll0612' ' The State of \eXQS County of Tbscar BEFORE ME LkS (1 Ea, on this day personally Appeared RICHARD CHATFIELD AND CARRI CHATFIELD, Owner, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of C\III&SE 2009. ootil(l///��� My CommissiorLiF ��., AOP zP`� Not- Public in and for the `ATE cA ' State of Texas np 06/251 v, DECLARATION OF RESTRICTIVE COVENANTS 4 EXHIBIT d To ono. No.aoo9 17 Page of . ._ The State of l 2Xcl S County of ro.n BEFORE ME SuSck ' on this day personally Appeared WESLEY A JOHNSON, JR., Owner, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1.-.) of 3 Lin e , 2009. My Commission Expires: `` •PNBArr '' F *1' CO ARVPbd'• rr. _ *: / 4? 4-CI WNW *t. (11,, _T Ns ary Public in and for the 1rEOF 'y..,EXPNa�:�oQ State of Texas DECLARATION OF RESTRICTIVE COVENANTS 5 DEE b RE.STR/ ovs • Exhibit "A" EXMIBIT.__ 10 : oP OHO.NO+ a c7o l7 Page __.L of ..,.1_.,._._ Being a 6.68 acre tract of land situated in the G.W.Minter Survey,Abstract Number 1034, in the City of Grapevine,Tarrant County,Texas,and being Lot 1,Block 1,of Thompson Addition,an Addition to the City of Grapevine,Tarrant County,Texas,thereof recorded in Volume 388-211, Page 66,of the Nat Records, Tarrant County,Texas,and being that certain tract of land conveyed to Rodney Dean Thompson and wife,Gayle H,Thompson,by deed recorded in Volume 6835, Page 2136,Deed Records,Tarrant County,Texas,and being that certain tract of land conveyed to Richard Chatfield and spouse, Can-i Chatfield,by deed recorded in Volume 14562,Page 85,said Deed Records,and being that certain tract of land conveyed to Wesley A.Johnson,by deed recorded in Instrument Number D208402991,said Deed Records,and being more particularly described as follows: BEGINNING at a point for corner,said point being the southeast corner of said 6.68 acre tract, same being the northeast corner of Stone Gate Addition,an addition to the City of Grapevine, Tarrant County,Texas according to the Plat thereof recorded in Cabinet A,Slide 47,said Plat Records,same being in the west right-of-way line of Roberts Road(a 60'right-of-way); THENCE South 89 deg.45 min.23 sec.West,along the common line of said 6.68 acre tract and the north line of said Stone Gate Addition,a distance of 503.15 feet to a point for corner,said point being the southwest corner of said 6.68 acre tract,same being the northwest corner of Lot 7, Block 1,said Stone Gate Addition,said Plat Records; THENCE North 00 deg. 19 min.45 sec.East,along the common line of said 6.68 acre tract,and the east line of said Stone Gate Addition,said Plat Records,a distance of 476.13 feet to a point for corner,said point being the northeast corner of Lot 15,Block 1,said Stone Gate Addition, same being the southeast corner of Lot 16,Block 1,of Stone Gate Addition,an addition to the City.of Grapevine,Tarrant County,thereof recorded in Cabinet A,Slide 184,said Plat Records; . THENCE along the common line of said 6.68 acre tract,and the east line of said Stone Gate Addition(Cabinet A,Slide 184),passing the northeast corner of said Stone Gate Addition • (Cabinet A,Slide 184),same being a southwest corner of Stone Gate Addition,an addition to the - City of Grapevine,Tarrant County,Texas,thereof recorded in Cabinet A,Slide 185,said Plat Records,and continuing a total distance of 112.78 feet to a point for corner,said point being the northwest corner of said 6.68 acre tract; THENCE South 88 deg.47 min 11 sec.East,along the common line of said 6.68 acre tract,and the south line of said Stone Gate Addition(Cabinet A, Slide 185),a distance of 497.37 feet to a point for corner,said point being the northeast corner of said 6.68 acre tract,same being the • southeast corner of said Stone Gate Addition(Cabinet A,Slide 185),same being in the west right-of-way line of Roberts Road; THENCE South 00 deg.21 min.44 sec.East,along the common line of said 6.68 acre tract and the west right-of-way line of said Roberts Road,a distance of 576.24 feet to the POINT OF BEGINNING and containing 291,126 square feet or 6.68 acres of computed land. 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() i I il "V45. gat 11: tit Ili jillggiF g § SR Pi en K >P2 0 °I 2 i IIb a • o o - d pr) o 2 1 la i » E $ l 7? rt CC Si iL � $ R - 92 / wig v ���or•w*y.p S§ I�4.. 4i CITY OF GRAPEVINE " PO BOX 95104 GRAPEVINE TX 76099 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. • For Registration: 07/ 4/2009 11:18 AM ° Ins ment#: D20• 87r 8 OP; 14 PGS $64.00 By: 11111 1111 11111 11111 1111 1 11111 11111 11111 11111 111111111 1111 D209187248 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. ^°4 Printed by: DS