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HomeMy WebLinkAboutORD 1998-086 r �;. . ORDINANCE NO. 98-86 �� ::�:� � � AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE `_ � COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS s�� APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, s�- TEXAS, GRANTING ZONING CHANGE Z98-11 ON A TRACT �a:F �� OF LAND OUT OF THE W. DRISKILL SURVEY, ABSTRACT NO. 405, DESCRIBED AS BEING A TRACT OF LAND LYING `�:x AND BEING SITUATED IN THE CITY OF GRAPEVINE, �:.� TARRANT COUNTY, TEXAS MORE FULLY AND �� COMPLETELY DESCRIBED IN THE BODY OF THIS ORDII�AI�CE; URut�iN� a Ci-il�i�GE iiV THE USE OF SI�i� PROPERTY FROM "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL 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 ��K� 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 Granevine, 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 :s�s- property, street size and adequacy of width for traffic reasonably expected to be generated Y�� by the proposed use around the site and in the immediate neighborhood, adequacy of =':x�� 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 �'��F 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 w.: 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 ofi safety from same, the eifiect 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 �fl:.�� 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 reauirements; 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 reque�ted 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. 98-86 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 ��� Y as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby � amended and changed by Zoning Application Z98-11 to rezone the following described �s:,v property to-wit: being a 8.0 acre tract of land out of the W. Driskill Survey, Abstract No. ° 405, Tarrant County, Texas (4025 William D. Tate Avenue, Lot 5, Block 1, Driskill Place), more fully and completely described in Exhibit "A", attached hereto and made a part �:�;r hereof, which was previously zoned "PCD" Planned Commerce Development District is r�� hereby changed to "CC" Community Commercial 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. mu 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. ORD. NO. 98-86 3 Section 7. Any person violating any of the provisions of this ordinance shall be �i x 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. -°r Section 8. That this ordinance shall become effective from and after the date of :��� `=� its final passage. �.f �q PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF :�T �: GRAPEVINE, TEXAS on first reading on this the 2t st day of .luly , ��`� 1998. <�� �� �� PASSED AND APPROVED BY THE CITY COUCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the �sth day of August , 1998. APPROVED: � - ,�.,;� William D. ate � -� Mayor ATTEST: ) � �v�-� Jo ' C. Brown A istant City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. � City Attorney ORD. NO. 98-86 4 BEING A TRACT OF LAND OUT OF THE WILLIAM DRISKILL SURVEY, ABSTRACT N0.405,TARRANT COUNTY, TEXAS, AND BEING A PORTION OF A TRACT OF LAND AS DESCRIBED IN DEED RECORDED IN VOLUME 10666, PAGE 1949 AND VOLUME 11486, PAGE 2068, DEED RECORDS, :::':;:.. TARRANT COUNTY,TEXAS, AND BEING DESCRIBED AS FOLLOWS: ..x�,...„ BEGINNING AT A POINT AT THE INTERSECTION OF THE CENTERLINE OF HUGHES ROAD , (VARIABLE WITH R.O.W.)AND THE EAST R.O.W. LINE OF STATE HIGHWAY NO. 121, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; �=�' THENCE NORTH 00 DEGREES, 13 MINUTES 37 SECONDS WEST 19.76 FEET ALONG THE EAST - R.O.W. LINE OF STATE HIGHWAY NO. 121,TO A '/:" IRON PIN SET, AND CONTINUING IN ALL 228.03 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT, FOR THE BEGINNING OF A CURVE TO s"' THE RIGHT WITH A RADIUS OF 2833.89 FEET; THENCE NORTHEASTERLY ALONG SAID R.O.W. LINE OF STATE HIGHWAY NO. 121 AND CURVE TO THE RiGHT 290.12 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT FOR THE END OF SAID °,..� CURBE,WHOSE CHORD BEARS NORTH 02 DEGREES 42 MINUTES 21 SECONDS EAST 289.99 FEET, AND THE BEGINNING OF A REVERSE CURVE WITH A RADIUS OF 2894.79 FEET; THENCE NORTHEASTERLY ALONG SAID R.O.W. LINE OF STATE HIGHWAY NO. 121 AND CURVE TO THE LEFT 296.36 FEET TO A TEXAS HIGHWAY DEPARTMENT MONUMENT FOR THE END OF SAID CURVE, WHOSE CHORD BEARS NORTH 02 DEGREES 42 MINUTES 21 SECONDS EAST 296.23 FEET; THENCE NORTH 00 DEGREES 08 MINUTES 17 SECONDS WEST 427.84 FEET ALONG SAID R.O.W. LINE OF STATE HIGHWAY NO. 121 TO A '/z" IRON PIN SET FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; ,.. THENCE SOUTH 89 DEGREES 50 MINUTES 20 SECONDS EAST 271.12 FEET TO A '/2" IRON PIN SET FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; °`" � THENCE SOUTH 00 DEGREES 02 MINUTES 09 SECONDS EAST 373.08 FEET TO A 1" PIPE FOUND FOR THE NORTHWEST CORNER OF LOT 1, BLOCK 1, UNITY CHURCH OF NORTHEAST TARRANT COUNTY, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 3230, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND CONTINUING ALONG THE WEST LINE OF SAID LOT 1, BLOCK 1, UNITY CHURCH NORTHEAST TARRANT COUNTY, 847.53 FEET TO A CAPPED IRON PIN (AREA) FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1, UNITY CHURCH OF NORTHEAST TARRANT COUNTY, AND CONTINUING IN ALL 1240.62 FEET TO A POINT IN THE CENTERLINE OF SAID HUGHES ROAD FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 59 MINUTES 21 SECONDS EAST 297.63 FEET TO THE POINT OF BEGINNING AND CONTAINING 8.039 ACRES OF LAND, MORE OR LESS. � � �� ��� � MAY 4 1998 �'��►`��il �� ��.� EXH181T.�„ TO � �—�` � Pa9� -�-�--_ of __-�___ . . ��fWIBIT� TO � '�� �age of DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this = "Declaration") is made as of the 18th day of August, 1998 by the City of Grapevine, a Texas Home Rule City located principally in Tarrant County, Texas ("City") and The Matheus Brothers Investments, Inc., a Texas corporation in ___ Arlington, Texas, 76011, hereinafter referred to as Owner. WHEREAS, Owner is the owner of certain real property located in Tarrant 'rt�` County, Texas, more particularly described in Exhibit `A' attached hereto and _ incorporated herein for all purposes, also known as 4025 William D. Tate = Avenue, legally described as Lot 5, Block 1, Driskill Place, 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) No more than five (5) subdivided lots (b) Each subdivided lot shall contain a minimum of 55,000 square feet (c) Within the approximately 8 acre tract (the Property) no more than five (5) principle structures, irrespective of the total number of lots and the square footage of each lot, shall be constructed or allowed. 2. Binding 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. DECLARATION OF RESTRICTIVE COVENANTS 1 EXH(BtT� TO L�Z'��— . Page �_ of ....�_.._. _ _ 4. Enforcement — The City shall have the right (b,ut not the duty) to '��k'� enforce the provisions of this Declaration. Enforcement shall be by :;:���; 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- �rv prevailing party. ;�;'�� 5. Severabilitv — Invalidation of any one or more of the covenants, ��'' conditions and restrictions contained herein, or any portion thereof, :.x:- 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. EXECUTED as of the date first above written. �r_--� � G�ApE�,��Assistant City Secretary CITY OF GRAPEVINE � . !,�F ,,---,,i��` j r '� • �_ � _ - h � t i � �i� � �ml �) � , {w� �� i C. Brown Ro er Nelson, Cit Mana er ' 9 Y 9 ����, ; �, � .� .� � . '� .���r� City Attorney AGREED TO BY PURCHASER � �9 . , '"d � , .. � � � � - - �� . . � `- ' . � John F Boyle, Jr. � Joseph Matheus Matheus Brothers Investments, Inc. DECLARATION OF RESTRICTIVE COVENANTS 2 • EXH161T� TO �� Page �.�._ of �_ - . The State of �� � " �'` County of - ,r�T ,. F�:n:.,: .,. BEFORE ME � � � � .- : � on this day personally �:M appeared Roger Nelson. Ci� 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. 3�� GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of �'s -;- , �9 , My Commission Expires: - , Notary Public in and for the State c�x����z�XxXXXXxx>:rxxxXxxXXxx�Xxxxxx��A,r,;, �,,.,, z -- X ����"e<.�,_ CI-iARLY BERRY The State of ��: K�;`,, X i ��: NOTARY PUBUC — TEXE': � z •� f� MY COMMISSION EXPIRE� �- - 1. z �`'�.;;�iEO�`�i' JULY 17. 1999 County of ���r�r c.: , � '����� �NX����N�(��N��Di�I'��A�(XXXYXX%XXrXxxxxxx>vrx,...,...... �__ BEFORE ME �.._.��� ,��� � �'� � ��✓+�. (�;t ;-z�� on this day personally appeared Joseph Matheus for The Matheus Brothers Investment. Inc.. a Texas Corporation, 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 consid�ration therein expressed. ;sc� GNEN UNDER MY HAND AND SEAL OF OFFICE, this �:� "�- � day of � � � �� �� �t�� z.� tJ 't 1', !�'u;;•j° � My Commission Expires: � �r � ;�;Pa"�°�e�'; SUSAN M. HOWARD � ; =2� �"" Notary Public,State of Texas j '� ;E - - :,���.MT66^1^'iccinn EYOires 02-18•01 1,_�.rr ���.f( 1��,�I �;1f { !��/ �*4*� ����;;,;��'' � Notary Public in and for the �,� State of Texas DECLARATION OF RESTRICTIVE COVENANTS 3 :4. �_:�.,, S _ _.'. z.r. • • ��aT�a or x z 1 N • • • ee x 1 1 1 e �� A erture C ard # Co � � pp . 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I o z_- -- -- �i_ s � _ �lb'1 'a Wb'I��IM ,� .�� (j`;'�(fl,i� f��f��'�� l�ti��l�'� �. , f 0 �iil�ifi�i� � �� a" J Ex � -3 � . �- . �c.�.��—� fi�' o�!�ct�� � .�.,¢ _..,� �R ,� w�. . :�'� «� , �a�� ...r. . �',� �`� D198225052 - CITY OF GR.APEVINE �� P O BOX 95104 GRAPEVINE, TX 76099 �;: :i�:: �f''" —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'ss �y"_ T..: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 0 N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GR.APEVINE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 198367184 DR93 T021602 09/29/98 10 : 32 '� " INSTRUMENT FEECD INDEXED TIME � 1 D198225052 WD 980929 10 :32 CA �� T O T A L : DOCUMENTS : O1 F E E S : 31 . 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. �,:�