HomeMy WebLinkAboutItem 16 - Z09-01 Thompson, Chatfield and Johnson ry
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER 1) '_.
MEETING DATE: MAY 19, 2009
SUBJECT: ZONE CHANGE REQUEST Z09-01
RECOMMENDATION:
Staff recommends the City Council approve Zone Change Request Z09-01 on the
second reading of an ordinance, and take any other action necessary.
BACKGROUND:
Zone Change Request Z09-01 was submitted by Rodney Thompson, Richard Chatfield,
and Wes Johnson and was approved on the first reading of an ordinance by Council at
the April 21, 2009 meeting. The request was to rezone approximately 6.68 acres from
"R-20" Single-Family District to "R-7.5" Single-Family District for the development of
twenty-three single family residential lots. The Commission recommended a condition
that the applicants place deed restrictions on the property which limits the subdivision of
the property to twenty-three lots as shown on concept plan. The applicant's are all in
agreement with the purpose and content of the attached deed restrictions and the city
attorney has approved them relative to their form.
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L Thompson, Chatfield & Johnson
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this
"Declaration") is made as of the day of
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. Bindin_a 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
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
Linda Huff Bruno Rumbelow, City Manager
City Attorney
John F Boyle, Jr.
DECLARATION OF RESTRICTIVE COVENANTS 2
AGREED TO BY OWNER
Rodney D Thompson Gayle H Thompson
AGREED TO BY OWNER
Richard Chatfield Carri Chatfield
AGREED TO BY OWNER
Wesley A. Johnson, Jr.
The State of
County of
BEFORE ME on this day personally
appeared Bruno Rumbelow, 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 day of
, 2009.
My Commission Expires:
Notary Public in and for the
State of Texas
DECLARATION OF RESTRICTIVE COVENANTS 3
The State of
County of
BEFORE ME 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 day of
, 2009.
My Commission Expires:
Notary Public in and for the
State of Texas
The State of
County of
BEFORE ME 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
, 2009.
My Commission Expires:
Notary Public in and for the
State of Texas
DECLARATION OF RESTRICTIVE COVENANTS 4
The State of
County of
BEFORE ME 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 day of
, 2009.
My Commission Expires:
Notary Public in and for the
State of Texas
DECLARATION OF RESTRICTIVE COVENANTS 5
Exhibit "A"
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,Canri 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 PIat 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,Tanant 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.
Above described tract being more commonly known as 4300,4370,5412,and 5500 Roberts
Road,in the City of Grapevine,Texas.
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ORDINANCE NO. `'
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. 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. 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:
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 4