HomeMy WebLinkAboutORD 2001-038 /
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ORDINANCE NO. 2001-38
r;�. � AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
' �: � COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
t;; �' GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
'''�� � APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
-�° TEXAS, GRANTING ZONING CHANGE Z01-04 ON A TRACT
;.`'� � OF LAND OUT OF THE J.R. DOSS SURVEY, ABSTRACT
NO. 440, DESCRIBED AS BEING A TRACT OF LAND LYING
'� S 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 "CN" NEIGHBORHOOD COMMERCIAL
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, MORA�S AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT THEREIN
MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
�.�,m
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 Cit�� of Grapevine; Teyas ��±�+ a!! ±"?e !e�:�' re;�;re,�ents, c�n��ti���s anci
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
`�: 1 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
�
,'.: L 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 C�t1! Qf rrap��V!!'?� 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
GRAPEVINE9 TEXAS:
u�.�
ORD. NO. 2001-38 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 Z01-04 to rezone the following described
��` •� property to-wit: being a 3.2 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 "CN" Neighborhood Commercial District Regulations is hereby changed to "R-7.5"
��,� L Single Family 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
: �
`�` cr of the City of Grapevine, Texas to reflect the herein change in zonir�g.
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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
:r�� 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 6a 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. 2001-38 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
'`° j 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
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� and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
- `� L' emergency for the immediate preservation of the public business, property, health, safety
`;:'z` `� and general welfare of the public which requires that this ordinance shall become effective
;n^+. S from and after the date of its final passage, and it is accordingly so ordained.
=r. , PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
,: �; �J GRAPEVINE, TEXAS on this the 15th day of May, 2001.
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APPROVED:
� � ;°
��„e� William D. Tate .
Mayor �
:;� � , _
ATTEST:
Linda Huff
City Secretary
/�PPROVED AS TO FORM:
John F. Boyle, Jr. "
City /�ttorney
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ORD. NO. 200�-38 4
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EXHIBtT� TO �L� �
P�ga _L_ Of
Being a tract of land in the J.R. Doss Survey, Abst. No. 440, Grapevine, Tarrant
County, Texas, and more particularly described by metes and bounds as foliows:
"`�"'#;_ / BEGINiviNG at an iron pin, 373 varas West and 9 varas North of the Southeast
-::. � comer of the J.R. Doss Survey, said iron being in tfie North line of a County
�:�:. l� Road and the Southeast comer of tract being described;
` V' �
� THENCE West, 205.3 feet to an iron pin, the Southeast corner of a one-acre
tract;
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'"�` � THENCE with the East line of said one-acre tract, North 00 degrees-28 minutes,
°. � West, 679.00 feet to an iron pin;
' THENCE Soaih 8� tf�r���es-33 �nir.�:tes E�st, 2�J�.3-feet#c� an ir�r� p�n;
� �
� THEf�CE South OOdegrees-28 minutes East, 677.6-feet to the PLACE OF
� BEGINNING and containing approximately 3.20 acres of land, more or less.
�
EXHIBIT� TO " �
Page _,.L,,..�, ,Ot
DECLARATION OF COVENANT
_ :` � AND
�:
DEED RESTRICTIONS
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" � THE STATE OF TEXAS
`��` � COUNTY OF TARRANT
_:�; �
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�`` � 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
�: G entirely in the City of Grapevine (the "CITY"), in Tarrant County, Texas. Being
�; (� more particulariy described on Exhibit "A" a�iached 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) Declarant agrees to construct a new roadway to City of Grapevine
specifications in accordance with the Thoroughfare Plan of the City of
Grapevine along the west boundary of property at 1050 East Glade Road.
Declarant agrees not to construct any barrier along the west boundary of said
property that would preclude access from the west at any point along said
boundary.
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 su�ch 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
�,,:5,� intended to restrict the right of the Declarant to additional restrictions on the
O:/zcu/Z01-04.deedres
Apr-24-01 02:28P Development Services 817 410 3018 P.03
ExH�e�r� to � �'
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property as long as the additional restrictions do not contradict this Declaration of
Covenant and Oeed Restrictions. These Covena�ts are perpetuai unless
�,�,.�� � canceled or modified by mutual agreement of the parties.
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��`` � These restnctions inure to benefit the City of Grapevine, and the City of
'�;;� �
,,�: � Grapevine does hereby reserve the right to prosecute, at law and equity, against
a � the person violating or attempting to violate such restrictions, either to prevent
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' him from so doing or to oon�ect such violation and for further remedy, the City of
' Grapevine may withhold the certificate of occupancy necessary for the lawful use
;w;�; � of the property until such restrictions descr�bed herein are fully complied with.
::;.; S
;:;,,;. � These restrictions a�e 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
;�'r€ � property shall thereby agree and covenant to abide by and fully perfo�m the
x� � foregang restrictions and covenants.
EXECUTED on this the 15�' day of May, 2001
/
B�:
� _ AmES �EEA/
STATE OF TEXAS
COUNTY OF TARRANT
'�'`'
his instrument was acknowledged before me on the � day of
'�.r-Q , 2001, by��n.
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� �
BRANDI JO MEADOR Notary Public Signatu�e
NOTARY PUBLIC
STATE OF TEXAS
My Commission Expires 12-11-2001
EXECUTED on this the •�d�y of , 2001
The City of�Texas
BY '`� ��' '/,, z
� �°r
:i y �
Roger Nelson, City Manager
o:�c�,rzo�-oa,deed�s
EXHIBIT� t0 "� �
Pag� ..,�,..,,, of �.�......
STATE OF TEXAS
;; COUNTY OF TARRANT
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"�'� �" T is instrument was acknowledged before me on the � day of
�;�� � , 2001, by Roger Nelson, City Manager for the City of Grapevine.
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!r�. � Notary ublic ign ure
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,�. OOtXiC7�k�0GOQqC�q�:�
�-�� ,��P,,,,,
�•� ;�s, ..,`�°. KATHY Y. TEAGUE
t;F � = :�i .= Notary Public,State of Toxas
,.�[ � ;,�.��:My Commission Exp.t u-28-2001
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0:/zcu/Z01-04.deedres
� � EXHIBIT� TO ��' , � ��'
P��o ._.Z... 0� ...�.�L... ��,-��: �'��-3�
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Being a tract of land in the J.R. Doss Survey, Abst. No. 440, Grapevine, Tarrant
5 County, Texas, and more pa�ticularly described by metes and bounds as foilows:
�, r
�: �
_° BEGINNING at an iron pin, 373 varas Vl/est and 9 varas North of the Southeast
;�; � comer of the J.R. Doss Survey, said iron being in the North line of a County
^; � R o a d a n d t h e S o u t h e a s t c or n e r o f t r a c t b e i n g d e s c r i b e d;
;.�r; � THENCE West, 205.3 feet to an iron pin, the Southeast comer of a one-acre
_,�� �t tract;
��x, �
'��: S THENCE with the East line of said one-acre tract, North 00 degrees-28 minutes,
� West, 679.00 feet to an iron pin;
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`�(` � THENCE Souih 89 degrees-33 minutes East, 205.3-feet to an iron pin;
� �
THENCE South OOdegrees-28 minutes Ea�t, 677.6-feet to the PLACE OF
BEGINNING and containing approxirnately 3.20 acres of tand, more or less.
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�G�� r D202118645
'_; b CITY OF GRAPEVINE-PUBLIC WORKS
`�:,�` P O BOX 9 510 4
��` � GRAPEVINE TX 76099
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-Ti�:`A �t N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
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F�.:
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-PUBLIC WORKS
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
,�� 202251573 DR93 CB 04/30/2002 14 : 47
�' INSTRUMENT FEECD INDEXED TIME
1 D202118645 WD 20020430 14 : 47 CG
T O T A L : DOCUMENTS: O1 F E E S: 25. 00
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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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