HomeMy WebLinkAboutORD 2003-056 y� � ORDINANCE NO. 2003-56
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��:�� � AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
'�:r 9 COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
r GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
t �' APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
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TEXAS, GRANTING ZONING CHANGE Z03-06 ON A TRACT
�E� OF LAND OUT OF THE J.R. DOSS SURVEY, ABSTRACT
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NO. 440, DESCRIBED AS BEING A TRACT OF LAND LYING
��. AND BEING SITUATED IN THE CITY OF GRAPEVINE,
°`` TARRANT COUNTY, TEXAS MORE FULLY AND
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`'� COMPLETELY DESCRIBED IN THE BODY OF THIS
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nRni��nn�r�, �p�E°!",� � �;-�^�"�GE ���I I F�C U7C Gr J/�IU
PROPERTY FROM "R-5.0" ZERO LOT-LINE 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
� 3 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
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, conditi�ns an�
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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
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/ ,r,roperty, street size and adequacy of width for traffic reasonably expected to be generated
7 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,
;;�, 9 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
�r�-� promotion of health and the general welfare, effect on light and air, the effect on the
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�'�� transportation, water sewerage, schools, parks and other facilities; and
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��'; 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
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''_::;� 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
anr-I tl�a �gnor�l ;���!fu��, �h� �;�c�i ui i au'v-yiiaiC 3iyiii clllCl `cllf, tfle e�rect Otl 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 oriainal!y
rl�ccjfa�l; ?n�+, ±h�;���;�, ,=��;s �„a� a ci�ange in zoning classification forthe 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.
WHEREAS, the property described in this Ordinance being a 3.19 acre tract of land
out of the J.R. Doss Survey, Abstract No. 440, Tarrant County, Texas (1000 Glade Road)
m� was zoned pursuant to Ordinance No. 2001-38, which ordinance was approved on the 15th
day of May, 2001, and the City Council accepted proffered deed restrictions proposed by
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the owner, approved same in Section 1, attached the deed restric�i�ns as Exhibit "B",
ORD. NO. 2003-56 2
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„�u� � executed and filed said deed restrictions in the Deed Records of Tarrant County, Texas,
� in Volume 15641-0455, page 1 — 10; and
�� ��F-,F WHEREAS, the City Council re-zoned Subject Property pursuant to Ordinance
� No. 2003-06 approved January 21, 2003, which ordinance accepted and approved deed
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'�,.�� restrictions, Exhibit "B", which deed restrictions were executed, but not filed for record; and
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'`� WHEREAS, with the passage of this ordinance, the City Council repeals, rescinds
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and cancels Ordinance No. 2001-38 and Ordinance 2003-06 and authorizes and directs
;�?<E the City Manager or his designee to execute the necessary document prepared by the City
z�G Attorney for filing in the Deed Records canceling, rescinding and terminating both sets of
�M1k deed restrictions and to file said cancellation, rescission and termination in the Deed
� Records of Tarrant County, Texas.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That all matters in the preamble are found to be true and correct and
are incorporated into the body of this ordinance.
Section 2. 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 Z03-06 to rezone the following described
property to-wit: being a 3.19 acre tract of land out of the J.R. Doss Survey, Abstract
No. 440, Tarrant County, Texas (1050 West Glade Road), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-5.0" Zero Lot-Line 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.
Section 3. 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 4. 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
GC'aqP,�11f1? ?O!'!!!?y �r��^urc�s ��d a�l ���-►e�apNiicabie and pertinent ordinances of the City
of Grapevine, Texas.
Section 5. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensi�ie 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
ORD. NO. 2003-56 3
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n�„ � 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
;;.f„ � consideration, among other things, of the character of the district, and its peculiar suitability
:E� 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.
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�`� Section 6. This ordinance shall be cumulative of all other ordinances of the City
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�' 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.
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Section 7. That the terms and provisions of this ordinance shall be deemed to be
sever�b!e an� that �f the vali�it� of t!�e zcn�rg �ffecting any po�iori a�ihe iraci or tracis 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 8. 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 9. 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 September, 2003.
APPROVED: `""' '"
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William D. Tate
Mayor .
ATTEST:
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Lin a Huff
City Secretary
ORD. NO. 2oo3-5s 4
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3 APPROVED AS TO FORM:
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��� John F. Boyle, Jr. '
`. City Attorney
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ORD. NO. 2003-56 5
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°`-`� 7 . � � � Metes and Bounds AuG � �=- 2003
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COMMENCING at 1/2 inch iron rod set at the southwest corner of Lot 8, Btock
1, as reGorded in Cabinet A, Stide 924, Aberr►ont Estates, thence SOC'll'23'E a
distance oF 15.0` fee-t to the PC7INT OF BEGINNING;
THENCE North 90 degrees 00 r�inutes 00 seconds West z05.28 feet to a 1/2 inch
iron rod set, said point being aiso the southwesterty point of a 0.50 tract of
tand as recorded in Vvlur�e 11474, Page 1i48 Deed Records, Tarrant County,
. $ Texas;
THENCE North 00 degrees 2e r�inutes 00 seconds West 679.00 feet to a 1/2 inch
�� ;ron rod set, said point bein� atso a point on the south line af Lot 21, Block
� 1, Glade crossing lA & 1B addition as recorded in in Volur�e 12963, Pnge 184
Deed Records, Tarrant County, Texas;
THENCE South 89 degrees 33 r�inutes 00 seconds East along the said tir.e a
distance �f 205.30 fpet to a 1/2 inch iron rod set;
THENCc South 00 degrQes 28 �inutes 00.f o° 31959 c res of land More hor P�Iss•
❑F BEGINNING and contain�ng 139215.36 s
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Sep 04 03 09:28a DEVELOPMEnT SERVICES 8174103018 . , p. 2
, EXh�181T:�.�. TO ' �
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STATE OF TEXAS § TERMINATION, CANCELLATIC)N,
§ RESCISSION OF DEED RESTRICTIONS
�' COUNTY OF TARRANT §
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i�:# Kerr}r Coak, the current Owner of property described in "Declaration of Covenant
�7`E and Deed Restrictions° (the Covenant) filed in the Deed Records of Tarrant
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�, County, Texas, in Volume 15641-0455, pages 1 - 10, which property is described
""°€' in Exhibit °A" which is attached hereto and incorporated herein, and the City of
, Grapevine, Te�s, (the City) a Texas hame-nite city located rn Tarrant County,
�''{ Texas, do hereby, for good and va(uable consideration, the receipt and adequacy
a't.:E:
;;i�j: of wh�ch is hereby acknowledged, terminate, cancel and rescind the "Covenant"
'"`� and do further terminate, cancel and rescind a subsequent Declaratians of
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Cavenant and Deed Restrictions (the Covenant) approved and rescind a
subsequent Declaration af Covenanf and Deed Restrictions (ifie Cavenant)
approved January 21, 2003, which Covenarrts were executed but not filed for
recard.
EXECUTED the 16th day af September, 2003. .
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Owner, Kerry Cook
THE CITY OF GRAPEVINE, TEXAS
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Roger Nelson, City ManageF, ��
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� � AscssTR�/fc�ry l�i�ii��
City Secretary, Li Huff .K✓ �'
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City Attorney,John F. Ba e, Jr.
O:/zui203-U6.Deed Re.s Temdnation
. � . - ' ' " � EXHIBIT._�._ TO �,2�_ Al. o�r�_s'l
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,,,,�;. STATE OF TEXAS § Page �_ Of ....�.�
§
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COUNTY OF TARRANT §
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`�` BEFORE NIE, the undersigned authority, a Notary Public in and far said county
,,�;� and state, on this day personally appeared 1�('t'�� �o o k , known
;a=�; to me or proved to me on the oath of or through
'-; �c�en��� c��� (description of identity card or other document) to be the person
�Y;# whose name is subscribed to the foregoing instrument, and acknowledged to me that he
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executed the same for the purposes and consideration therein expressed.
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�;;�: G�VEN UNDER MY HAND AND 5EAL OF OFFICE, this ���� day
;�=, of �Jf�.D-�-�,�1��>;' , 2003.
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aocomae�� %° ,
�`"`v'``�, S U SA N BATTE
Notary Public
� � State ot 7exas otary Public in and for the
a���Ft�+� Comm. Exp.3•30•2005
State of Texas
STATE OF TEXAS §
§
COUNTY OF TARRANT § �p�g��
�`�' �a k,�/� a U.N1$E44W, ASS t S T!9'•l/f C 1TY
BEFORE ME, the undersigned authority, a Notary Public in and for said County �
� and State, on this day personally appeare , City Manager of the City
of Grapevine, Texas, known to me or proved to me on the oath of
or through (description of identity 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 and
in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this � day of
.Ei ' , 2003.
o<►����s�, KATHY Y. TEAGUE � ��'
��:�, Notary Public NOTA OF LIC,
�., STATE OF TEXAS
J'+���.�+'� My Comm. Exp. 10-28-2D05 State of Texas
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H:�Boyle-Lowry\Grapevine�gv-deeds�gv-deed termin,cancel&resc of deed restr.doc
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���� D203427177
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a�'`=t CITY OF GRAPEVINE
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"F' CITY SECRETARY' S OFFICE
'=;: PO BOX 95104
`� GRAPEVINE TX 76099
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—�' 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
204070378 DR9C KW 11/14/2003 09: 04
INSTRUMENT FEECD INDEXED TIME RECVD
1 D203427177 WD 20031114 09: 04 CK 66284*
T O T A L : DOCUMENTS : O1 F E E S : 28 . 00
B Y: ,..
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.
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