HomeMy WebLinkAboutORD 2003-006 ORDINANCE NO. 2003-06
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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 Z02-09 ON A TRACT
OF LAND OUT OF THE J. DOSS SURVEY, ABSTRACT
NO. 440, 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-7.5" SINGLE FAMILY DISTRICT
REGULATIONS TO "R-5.0" ZERO LOT-LINE 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; 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, 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
ORD. NO. 2003-06 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z02-09 to rezone the following described
, property to-wit: being a 3.2 acre tract of land out of the J. 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-7.5"
Single Family District Regulations is hereby changed to "R-5.0" Zero Lot-Line District
Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as
amended, provided that said property 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 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. 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. 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.
ORD. NO. 2003-06 3
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 21st day of January, 2003
APPROVED:
William D. Tate
Mayor
ATTEST:
. ca.
Linda Huff
City Secretary
APPROVED AS TO FORM:
� � �
.iohn F. Boyle, Jr.
City Attorney
ORD. NO. 2003-06 4
�,' �
EXHI�IT� TO � �
Page � O} ,'
> i H i t �r i txHa ' p�/�.ER'S F.�T1F i.�E1TF�.9N1�_.I2E.QiSB:I��
CCIUNT'( OF TARRANT �
WFIEFZEAS, JpMes Keen i� the owner of Tract ?_A3, being a 3.195E� acre traci; of
land in i:he John R. Do�s Survey, Abstract 440, situated In the City of
Grapevine, 7arrant County, Texas, and rec�rded in Vc�luM� 12326, Pag� 11'19,
Deed Records, �Farran`t Coun�y, Texas� and being r�orEr partic:ula�^ty descrlbed a�
follows�
� COMM�NCXNCi at 1!_?. in�h iron r�d set at �he <.�outhwest corner of Lot 8, Btock
1, as recorded In Cabine�t A, SUde r�24, AbE�r�r�ont Estates, thence SQO'll'2:3`E a
di�tance of 15,0'� fee�t ta the P�iNT OF BEGINNING�
THENCE North 90 degrees 00 r�inutes 00 seconds West 20a,28 feet �:o a 1/2 Inch
lrori rod set, sald point belnc� also thEr southwesterty polnt of a Q.50 tract of
land as recorded in Voluroe 11474, Pag� 1148 De.ed I�ecorclsj Tarrant Cc�unty,
� Texas;
THENCE Nor-th d0 degrees 28 r�inutes 00 ser.�nds West 679.00 feet to a 1/?_ inch
Irc�r� rod set,� said palnt belnc� also a polnt on the south Une of Lot ?_�, :Btock
1, C�ladE� crossing lH & 1B additlon `as re.corded In In Volur�e 12953, Page 1�34 �
Deed Records, Tarront County, Texas�
THENCE South 89 degrees :�3 r�ihu�t��s 00 second� East atc�nc� the said tlne a. .
; di�stance of 20:i,30 fEret to a 1/2 lnc_h iron rad set�
�,�. u THENCE South 00 degr�e<_� �8 Minutes 00 sE�t_c�nds East G77,39 feE�t to the .PC]INT
Of BEGINNING and containing 139215.36 s.�. or 3.19�5 c�c_rErs of land More or less�
... .
. RECEIVED
' . . . ,�n,j _
. ,
_ - .. . ..
: � P�ar��viN.�: �
�,>,.� . �
'7 r;
. ,._ _.....�� ..., ..
� ,, DECLARATION OF COVENANT
AND
,�, DEED RESTRICTIONS
E;t�il�iT� TO � ' .�e
THE STATE OF TEXAS PagB _L_ Of ..►�.�,
COUNTY OF TARRANT
Know all men by these presents James Keen ("DECLARANT") is owner in
fee simple of certain real property consisting of approximately 3.2 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) The minimum lot size shall be 7,500 square feet.
(2) The site shall be developed as shown in Exhibit B.
��,
� 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 James Keen, 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
�.�rt�
Covenant and Deed Restrictions. These Covenants are perpetual unless
, canceled or modified by mutual agreement of the parties.
�
O:/zcu/Z02-09.deedres
E;(�il�iT� TO n 'D -O(� ;
Page �� of �._.. -J � .
� .A 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,�agiaitist
�, 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 �Q day of � �, ►�(1�'�h� 2002
By:
Ja es Keen
�.a.
STATE OF TEXAS
� COUNTY OF TARRANT
This instrument was acknowledged before me on the � day of
���4��'� , 2002, by James Keen
,f .��,�:;� ..�.w:.�:�a��- ��s L
Y� �' 1 ..'�.L. HOWARD
�I PUBLIC
N,, ✓,� ,f T��s otary Public Signature
�'F����'¢ "' �,s03-22-2003
�_�.�-�,��:,;.,_ ;•.��.,-.�..-�.
EXECUTED on this the -. day of , 200�
The City of Grapevine, Texas
B�, ` .�;�f ,
l�
Roger Nelson, City Manager
�x STATE OF TEXAS
COUNTY OF TARRANT
�
O:/zcu/Z02-09.deed res
E;��t��l��L To � a�� -°�
Page �— of �--
a'� ,,�',-`l'q
�_.� This instrument was acknowledged before me on the � day of �
, 2002, by Roger Nelson, City Manager for the City of Grapevi�e. -- :._
� . . .
SEAL
t1'�y�V �C~HA BERRY Notary Public Signature
���; NOTARY PUBLIC —TEXAS
�+s'.�� MY COMMISSION EXPIRES
`�,,'k,o;,�E+ JULY 17, 2003
,�.,M
�
O:/zcu/Z 02-09.d eed res
> i H i t �►- i txH� � OWNER�S _G.F�T1.Fi.��JF��.N�_.i�.E.D1G.flI�ON
(:C1UNT'f QF TARf2AN7
WFIEf�EAS, Jar�es Keen Is the �wner of Trac�t ?_A3, being a 3.195y acre tract o�
tand In the John R. Do�s Surv�y, Abstract 440, situated In the Clty of
Grapevine, Yarrant County, Texas, and recorded In Va1uMe 12326, Page 1179,
. Deed Records, Tarrant County, Texa�s and being roorE� particwlar�ly descrlbed a�
. follows� �
� COMMENCINCi at 1/_?. ineh Iron rod set at �he s�outhwest corner of Lot 8, Block
1, as recorded In Cabine�t A, Stide ��24, AbE�r•r�ont Estates, thence SQO'll'2�3`E n
di�tanc:e of 15,0'� fee�t t� the POINT OF Bk.GINNING�
THENCE �lorth 90 degrees 00 rolnutes 00 secands West 205,28 feet to a 1/? lnch
iron rod set, sald point belnc� also thEr southwesterly point of a Q.Sb tract of
tand asc recorded in Volur�e 11414, Page� 114f3 Deed I�ecords, Tarrant. Cc�unty,
� Texas� -
TH�NCE North 00 degrees 28 �,inutes 00 ser_ands West 679.00 fe�t to a 1/2 inch
Irc�r� rod set,� sald poln� being also a polnt on the south llne of Lot ?_�, :Btock
1, C�ladE> crossing 1� & 1B addition 'as recorded .in In Volur�e 12963, Page 1F34 .
Deed Records, Tarrant County, Texas�
THENCE South 89 degrees 33 Minutes 00 seconds East alc�nc� the said Cine a .
. di�.;tance of 205,30 f€ret to a 1/2 inc_h iron r�d set�
THENCE South 00 degr�e<., C$ r�inutes 00 sE>r.c�nds E.ast 677,39 fe�.�t to the .PUINT
DE BEGIh�NING and �antalning 139215,36 s.�. or 3.1955 acrers of lnnd r�ore or les5�
EXHIBIT� TO �k�� r° ���"°�
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