HomeMy WebLinkAboutORD 1994-008 ORDINANCE NO. 94-08
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 Z92-10 ON
TRACTS OF LAND DESCRIBED AS BEING TRACTS OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS IN THE
ELIZABETH COX SURVEY, ABSTRACT N0. 352, MORE
FULLY AND COMPLETELY DESCRIBED IN THE BODY OF
THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF
18.42 ACRES OF SAID PROPERTY FROM "CN"
NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS,
"CC" COMMUNITY COMMERCIAL DISTRICT
REGULATIONS AND "R-MF-2" MULTI-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 (52,000.00) 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, appiications 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
m,_., 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.
�;, �.
ORD. N0. 94-08 2
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 amended and changed by Zoning Application Z92-10 in that the use of the
following described property, to wit: Being 18.42 acres of land in the Elizabeth Cox
Survey, Abstract No. 352, which was previously zoned "CN" Neighborhood
Commercial District Regulations, "CC" Community Commercial District Regulations
and "R-MF-2" Multi-Family District Regulations to "R-7.5" Single-Family District
Regulations, more fully and completely described in the attached Exhibit "A", attached
hereto and made a part hereof, all in accordance with Section 45 of 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.
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 atl 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.
ORD. N0. 94-08 3
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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
�5� 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 (52,000.00) and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present zoning ordinance 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 1st day of Februar rL , 1994.
�..� APPROVED:
� .
Ted R. Ware
Mayor Pro Tem
ATTEST:
Li da Huff
City Secretary
�
ORD. N0. 94-08 4
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APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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ORD. N0. 94-08 5
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FIELD NOTES EXHIBIT � T �-�- g1F-0�
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BEING a tract or parcel of land situated in the Ci�Ae^���Y�p@{v; r,�i
Tarrant County, Texas; and being part of the Elizabeth Cox Survey,
Abstract Number 352; and being part of that tract of land conveyed to �
�' ° Hall Johnson Partners, Ltd. by Deed recorded in Volume 10689, Page
890 , Deed Records, Tarrant County, Texas; and being more particularly
described as follows:
�,.:�
BEGINNING at a point for corner at the Northwest corner of a tract of
land conveyed to the State of Texas by Deed recorded in Volume V, Page
58 , Deed Records, Tarrant County Texas;
THENCE South 02'll'48" West along the West line of said State of Texas
tract, a distance of 487 . 30 feet to a point for corner;
THENCE South 48'05'12" West a distance of 181 .06 feet to a point for
corner;
THENCE North 80`21 '27" West -a distance of 418.12 feet to a point for
corner at the beginning of a curve to the left whose chord bears North
84°40'35" West;
THENCE in a Westerly direction along said curve to the left having a
central angle of 08' 38'15" , a radius of 1500. 00 feet, and an arc
length of 226. 13 feet to a point for corner; �
THENCE North 88°59'42" West a distance of 508.13 feet to a point for
corner in the East line of a tract of land conveyed to Floyd Coleman
by Deed recorded in Volume� 6390, Page 883 , Deed Records, Tarrant
County, Texas;
THENCE North 00'17'S7" West along the East line of said Floyd Coleman
tract and along the East line of a tract of land conveyed to Richard
`` " M. Biggar by Deed recorded in Volume 6277, Page 810, Deed Records,
Tarrant County, Texas, a distance of 625.16 feet to a point for corner
in the South line of Western Oaks Estates-Section II, an addition to
the City of Grapevine recorded in Cabinet A, Hanger 866, Plat Records,
Tarrant County, Texas;
THENCE South 88°59'42" East along the South line of said Western Oaks
Estates - Section II, a distance of 699.98 feet to a point for corner
at the Southeast corner of said Western Oaks Estates-Section II, said
point being the Southwest corner of a tract of land conveyed to
Mockingbird Development, Ltd. by Deed recorded. in Volume 11091, Page
677, Deed Records, Tarrant County, Texas;
THENCE South 79'S2'38" East a distance of 307. I2 feet to a point for
corner;
THENCE South 80' 21'27" East a distance of 303.97 feet to the POINT OF
BEGINNING and containing 18 . 42 acres of land, more or less.
. _ ��►�������
DEC = 1993
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� � ' EXHIBIT '� TO ��r�' �� -��
Page __�___ of �
- - DECLARATION OF COVENANT
AND
DEED RESTRICTIONS
THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
Hall-Johnson Partners ("Declarant") is the owner in fee simple of certain real
property consisting of approximately 18.42 acres located in Tarrant Cpunty, 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 in accordance with, and does hereby impress the
Property with, the following deed restriction, to wit:
1) The platted subdivision shall have an average lot size of 12,000 square
feet.
2) The vehicular access door or opening of all garages shall face from
perpendicular to the platted front yard setback line to the rear property
line. (See Exhibit B)
3) All other restrictions of the R-7.5 Single Family Zoning District shall
apply to the addition.
These restrictions shall continue in full force and effect for a period of twenty-
five (25) years from the date of execution, and shall automatically be extended for
additional periods of ten (10) years unless terminated in the manner specified herein.
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 the City Council of the City of Grapevine, Texas, and
Hall-Johnson Partners, successors or assigns, must sign a document to be filed in the
Deed of Records of Tarrant County, Texas, approving the amendment or termination
of this Declaration of Covenant and Deed Restrictions.
1
; � 4 � � �: � � '�
EXHIBIT� TO ��' ���'�
� Pa�e �- of-��
The restrictions contained herein are not in any manner intended to restrict the
- right of the City Council of the City of Grapevine to exercise its legislative duties and
powers insofar as zoning of the Property is concerned, nor are they intended to
restrict the right of Declarant to record additional restrictions on the Property as long
as the additional restrictions do not contradict this Declaration of Covenant and Deed
Restrictions.
These restrictions inure to the benefit of the City of Grapevine, and the City of
Grapevine does hereby reserve the right to prosecute, at law and in equity, against 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 title to any of the Property shall thereby
agree and covenant to abide by and fully perform the foregoing restrictions and
covenants.
Executed as of this �day of , 1994.
DECLARANT:
HALL-JOHNSON PARTNERS
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��1��'� � BY: � '� _ `_ � � `- ` � � :: _° ,
���y �so'� � � Richard LeBlanc
�
THE CITY OF GRAPEVIN�E, TEXAS
,
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By. _
Trent Petty, City Ma,nag�r
,
ATTEST:
VED AS TO FORM:
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City Attorney
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Page of ��:
, STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on �
1994, by Richard LeBlanc on behalf of Hall-Johnson Partners, ltd.
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X � ; MY COMM!SSION EX?IRES X
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My Commission Expires:
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on ��
1994, by Trent Petty, City Manager, on behalf of the City of Grapevine.
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EXhibit A to, Deed Restrictions EXHIBIT� TO�1��Of�L�z�. �Q-
Z92-10 ' (Hall-Johnson Prt) FIELD N�TES Pa9e ---- �age 1 of 1
BE�NG a tract or parcel of lard situated in the City of Grapevine,
Tarrant County, Texas; and being part of the Elizabeth C�x 5urvey,
Abstract Number 352; and being part of that tract of land conve�ed to
Hall Johnson Partners, Ltd. by Deed recorded in Volume 1068�, Page
890, Deed Records, Tarrant County, TF�xas; and being more �articularly
described as follows :
BEGINNING at a point for corner at the Northwest corner of a traet of
land conveyed to the State of Texas by Deed recorded in Volume V, Page
58 , Deed Records, Tarrant County Texas;
TfiENCE South 02'll'48" West along the West line of said State of Texas
tract, a distance of 487. 30 feet to a point for corner;
THENCE South 48'05'12" West a distanc:� of 181 .06 feet to a point for
corner;
THENCE North 80�21 '27" West �a distance of 418 . 12 feet to a pofnt for
corner at the beginning of a curve to the left whose chord bears North
84'40'35" West;
..
THENCE in a Westerly edirection alonc� said curve to the left having a
central angle of 08 38'15" , a radius of 1500.00 feet, and an arc
length of 226. 13 feet to a point for corner; �
THENCE North 88'S9'42" West a distance of 508 .13 feet to a point for
corner in the East line of a tract of land conveyed to Floyd Coleman
by Deed recordedt in Volume� 6390, Page 883 , Deed Records, Tarrant
County, Texas;
THENCE North 00°17'S7" West along the East line of said Floyd Coleman
tract and along the East line of a tract of land conveyed to Richard
� �M. Biggar by Deed recorded in Volume 6277, Page 810, Deed Records,
Tarrant County, Texas, a distance of 625.16 feet to a point for corner
in the South line of Western Oaks Es�ates-Section II, an addition to
the City of Grapevine recorded in Cabinet A, Hanger 866, Plat Records,
Tarrant County, Texas;
THENCE South 88'59'42" East along the South line of said Western Oaks
Estates - 5ection II, a distance of 699.98 feet to a point for corner
at the Southeast corner of said Western Oaks Estates-Section II, said
point being the Southwest corner of a tract of land conveyed to
Mockingbird Development, Ltd. by Deed recorded . in Volume 11091, Page
677, Deed Records, Tarrant County, Texas;
THENCE South 79�52'38" East a distance of 307.12 feet to a point for
corner;
THENCE South 80'21'27" East a distance of 303 .97 feet to the POINT OF
BEGINNING and containing 18 . 42 acres of land, more or less.
� � RECEIVED
DEC �- 1993
�LANNING
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� EXHIBIT � TO ��� `��"��
. Page -� of s
EXHIBIT "B" to Deed Restrictions
Z92-10 (Hall-Johnson Partners) Page 1 of 1
— — — — — — — — —QERft �RoPttTy ^L�aC — — — — — —
A
�
Feo�i 6�OC Lt N�
A - A line perpendicular to the rear property line and the front
building line
B - Garage openings must be perpendicular to Line A
�1� . . , ... . ` �PL�,��E RfTURN ��':
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D194043374
CITY GRAPEVINE
PO. BOX 95104
CHARLY BERRY
GRAPEVINE, TX 76099
—W A R N I N G—THIS IS PART OF TIiE 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 0: CITY GRAPEVINE
RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME
�>:,�
194144996 DR92 T000224 02/22/94 10 :06
INSTRUMENT FEECD INDEXED TIME
�;� 1 D194043374 WD 940222 10 : 06 CK 71785
T O T A L : DOCUMENTS: O1 F E E S: 17 . 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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