HomeMy WebLinkAboutORD 2001-004 � ORDINANCE NO. 2001-04
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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 Z00-17 ON A TRACT
OF LAND OUT OF THE G.W. MINTER SURVEY, ABSTRACT
N0.1304, 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
T-'� REGULATIONS; CORRECTING THE OFFICIAL ZONING
�.;;
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING
�, TO SEVERABILITY; DETERMINING THAT THE PUBLIC
�.'� C� INTERESTS, MORALS AND GENERAL WELFARE DEMAND
�_-' � � A ZONING CHANGE AND AMENDMENT THEREIN MADE;
`f 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; DECLARING AN
EMERGENCY 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
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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
N of the district and its peculiar suitability for particular uses and with the view to conserve
-v.„= � the value of buitdings, encourage the most appropriate use of land throughout this city; and
.a ,�
� 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:
ORD. NO. 2001-04 2
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
amended and changed by Zoning Application Z00-17 to rezone the following described
property to-wit: being a 1.0 acre tract of land out of the G.W. Minter Survey, Abstract
No. 1034, Tarrant County, Texas (5708 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. Provided, however, that the property described in Exhibit "A" shall be
governed by the Deed Restrictions in Exhibit "B", attached hereto and made a part hereof.
Section 2. The City Manager is hereby directed to correct the official zoning map
of the City of Grapevine, Texas to reTlect tne nerein cnange 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
A�u�, � 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. 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.
�
ORD. NO. 2001-04 3
_ Section 7. 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 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. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
' and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of January, 2001.
-_ APPROVED:
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o r�.:-�'�=��-- ..f r, .
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��� � William D. Tate • • �
`� Mayor ,
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--- ATTEST: ( �
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J d' C. Brown
A istant City Secretary
APPROVED AS TO FORM:
'��7�'/�
John F. Boyle, Jr
City Attorney
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ORD. NO. 2001-04 4
�
RECEIVED
Being a tract or parcel of land situated in the City of Grapevine, Tarra�nt� � � ��' ^
County, Texas, and being part of the G. W. MINTER SURVEY, Abstract No. P
1034, and being that tract of land described by deed from James B. Ellis t A N NIN G
Carol Ann Ellis, recorded in Volume 8421, Page 1868, Deed Records, Tarrant
county, Texas, and being more particularly described as follows, to wit:
BEGINNING at a 1/2 inch iron rod found in the West line of Roberts Road
(Variable width right-of-way) , said point being the Southeast corner of
McConnell Place, an Addition to the City of Grapevine, as recorded in
Volume 388-166, page 67, Deed Records, Tarrant County, Texas.
THENCE North 89 degrees 29 minutes 48 seconds East a distance of 16.00 feet
to a point for corner in the centerline of said Roberts Road;
THENCE South 00 degrees 15 minutes 54 seconds West along the centerline of
said Roberts Road, a distance of 128.12 feet to a point for corner;
THENCE South 89 degrees 1� min�,:tes 59 ssc�r.ds :qest alang the t3crth line oi
tract of land described by deed from Helen Christine Wynn Barkley to Roy
Donald Mahan and wife, Debra Jeanne Mahan, recorded in Volume 6713, Page
1900, Deed Records of Tarrant County, Texas, passing a 1/2 inch iron rod
found at a distance of 16.00 feet and continuing in all a distance of
467.11 feet to a 1/2 inch iron rod found for corner, said point being in
the East line of a tract of land described by deed from Emma Deen Johnson
to Edwin D. Johnson and wife, Emma Jean �Johnson, recorded in Volume 3631,
Page 74, Deed Records, Tarrant County, Texas;
'' � �
� THENCE North 00 degrees 09 minutes O1 seconds West along the East line of
���` �{ said ,7ohnson Tract, a distance of 79.01 feet to a 1 inch iron
� for corner, said point being the Southwest corner of said McConnellfPlace;
�
THENCE North 89 degrees 16 minutes 48 seconds East along the South line of
said McConnell Place, a distance of 332.50 feet to a 1/2 inch iron rod set
for corner;
THENCE North 00 degrees 27 minutes 48 seconds East along an East line of
said McConnell Place, a dietance of 49.60 feet to a 1/2 inch iron rod set
for corner;
THENCE North 89 degrees 29 minutes 48 seconds East along the South line of
said McConnell Place, a distance of 119.00 feet to the POINT OF BEGINNING.
�x�ieir.�. To �����i�
�a�e �..C..� ot ...G_._
�
EXH181T�L TO ���� �����"� �
P�ge �_ of �_
DECLARATION OF COVENANT
AND
�� . DEED RESTRICTIONS
THE STATE OF TEXAS
COUNTY OF TARRANT
Know all men by these presents Donny Mahan ("DECLARANT") is owner
in fee simple of certain real property consisting of approximately 1.0 acres
located entirely in the City of Grapevine (the "CITY"), in Tarrant County, Texas.
Being more particularly described on Exhibit "A" attached hereto and
incorporated herein for all purposes (the "PROPERTY" or the "ADDITION").
Declarant hereby covenants and agrees that Declarant, and its
_ Successors and Assigns, shall develop the property, with the following deed
- restrictions, to wit:
- (1) Minimum lot size of 12,500 square feet.
� �
� (2) The installation of a six-foot perimeter fence.
� � Upon a written request being submitted by the Declarant to the City's
Director of Development Services, the City of Grapevine agrees to confirm in
writing whether the property has been developed in compliance with the above
stated restrictions.
These restrictions shall not be altered, amended or terminated without a
public hearing before the City Planning and Zoning Commission and the City
Council of the City of Grapevine. Notice of such public hearings shall be given
as would be required by law for a zoning change on the property. The City
Manager or Designee, through authorization by majority vote of City Council of
the City of Grapevine, Texas and Four Peaks Development, Inc., Successors or
Assigns, must sign the document filed in the Deed of Records of Tarrant County,
Texas, approving the amendment or termination of this Declaration of Covenant
and Deed Restrictions.
These restrictions contained herein are not in any manner intended to
restrict the right of City Council of the City of Grapevine to exercise its legislative
duties and powers insofar as zoning of property is concerned, nor are they
intended to restrict the right of the Declarant to additional restrictions on the
� property as long as the additional restrictions do not contradict this Declaration of
Covenant and Deed Restrictions. These Covenants are perpetual unless
canceled or modified by mutual agreement of the parties.
O:/zcu/Z00-17.deed res
EXHIBIT� Tp -O�L
Page �,_ of � _
These restrictions inure to benefit the City of Grapevine, and the City of
Grapevine does hereby reserve the right to prosecute, at law and equity, against
the person violating or attempting to violate such restrictions, either to prevent
him from so doing or to correct such violation and for further remedy, the City of
Grapevine may withhold the certificate of occupancy necessary for the lawful use
of the property until such restrictions described herein are fully complied with.
These restrictions are hereby declared covenants running with the land
and shall be fully binding upon all persons acquiring property within the tract
described in Exhibit "A", and any person by acceptance of the title to any of the
property shall thereby agree and covenant to abide by and fully perform the
foregoing restrictions and covenants.
EXECUTED on this the ..S�O day of , 2001
. 8,,: � c
/
� Donnie Mahan
�
d
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the day of
' ; 2001, by David McMahan, Vice President of Four Peaks
Development, Inc., a Texas Corporation, on behalf of said corporation.
SEAL
,���������,,,�„��� Notary Public Signature
,�,��, HuNT�9F,•
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' i= :* = EXECUTED on this the day of : , r � 2001
? * • y • � ,
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'; �''�9jE�F�' =` The City of Grapevir�:rTexas
�� ����7.PIP���� � �� p
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�� �� 8-25-2 ����, i
�����llllll{���� BY � ,,�� . .''�..,_
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�� Roger Nelson, City Manager
�
O:/zcu/Z00-17.deed res
EXHI8IT� Tp ,�"_�c'��
Pa9e .,..�` of � .
,�.� STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the r',�' � � da of
Y
�.L--y ��:.L , 2001, by Roger Nelson, City Manager for the City of Grapevine.
,
� �
SEAL /°1' "` : j''�;� ¢ L ..
�.�^�� CHARLY BERRY Notary Public S' nature .
�� NOTARY PUBLIC —TEXAS
�r MY COMMISSION EXPIRES
''t or� JULY 1�,2003
_ �
��
O:/zcu/Z00-17.deedres
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iTl SAME TRACT OP tAHO AS DESCRiBEO Ni OEEO RECIXt0E0 W WIUME 1�p1t,PAGE N�,OEED 0.ECOR05,TARftAlR COUNIY, �
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"�"°: �'Q"� LOYD BRANSOM SURVEYORS INC.
' • NiON PIN 0/
� o ��,� 1 �. CH.AR�ES B. HOOKS, JR.
. A BWS 0'ARC STAKE '���y� +
� � i� +�a� REGISTERED PROFESSIONAL LAND SURVEYOR
❑ CONCRETE 40NUYENT 1028 NORTH SYLVANIA AVENUE
��_ ��E CHARLES B.N001(S.1R.
-I-I- POWER UNE � ;a 3946 +.f�� FT. WORTH, TEXAS 76111
-i-T- TEIEPfiONE UNE ,� ��»���,+� (817�j 834-3477 /f
--p�v- diBlE TE4EVIS�OH N� • r � � /� �kC��'��2��r"-'-
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CO'ICRETE PANNC
. �_ ASPFY1Li PAVINf
g-s6 99-2776 DATE: 12-20-99
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D201083970
CITY OF GRAPEVINE
P O BOX 95104
GRAPEVINE TX 76099
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
- O F F I C I A L R E C E I P T
T O: CITY OF GRAPEVINE
.�^ � RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
���.�
.�. 201196798 DR96 N C 04/19/2001 10 : 50
�
INSTRUMENT FEECD INDEXED TIME
1 D201083970 WD 20010419 10 : 50 CK 225935
T O T A L : DOCUMENTS: O1 F E E S : 25 . 00
B Y:
ANY PROVIS O WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DES IBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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