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HomeMy WebLinkAboutORD 1994-009 ORDINANCE NO. 94-09 � . .. AN ORDINANCE AMENDING ORDINANCE N0. 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 Z93-01 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 NO. 352, AND THE G. G. STARR SURVEY, ABSTRACT NO. 1466, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF 27.72 ACRES FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS, "CN" NEIGHBORHOOD 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 AMENDMENTTHEREIN 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, 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 inter�st 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. 94-09 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: w 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 Z93-01 in that the use of the following described property, to wit: Being portions of the Elizabeth Cox Survey, Abstract No. 352 and G. G. Starr Survey, Abstract No. 1466, as follows: 27.72 acres of land which was previously zoned "CC" Community Commercial District Regulations, "CN" Neighborhood 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 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. 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. 94-09 3 �. , Section 6. That the terms and provisions of this ordinance shail 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 (S2,000.00) 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 1 st day of February , 1994. � APPROVED: Ted R. Ware Mayor Pro Tem ATTEST: Li da Huff City Secretary APPROVED AS TO FORM: �,,� ��� �, � L�. John F. Boyle, Jr. City Attorney ORD. N0. 4 Z �'3 - OI �z�L• xo�rES =XN,SIT TO �-�l` Pa�e � of �- BEING a tract or parcel of land situated in the City of Grapevin— e_,_ Tarrant County, Texas; and being parts of the Elizabeth Cox Survey, Abstract Number 352, and the "G.G. Starr Survey, Abstract Number 1466; and being part of that tract of land conveyed to Mockingbird Development, Ltd. by Deed recorded in Volume 11091 , Page 677, 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 North 80�21'27" West a distance of 303 . 97 feet to a point for corner; THENCE North 79'S2'38" West a distance of 307. 12 feet to a point for corner at the Southeast corner 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 along the Easterly line of said Western Oaks Estates-Section II, the following calls : North O1'00'18" East a distarice of 305.02 feet to a point for corner at the beginning of a curve to the right whose chord bears North 22'30'09" East; . In a Northeasterly direction alorrg said curve to the right having a central angle of 42°59�42", a radius of 609.35 feet, and an arc length of 457. 26 feet to a point for corner; North 44 °00'00" East a distance of 72.93 feet to a point for corner; North 45'00'00" West a distance of 637.33 feet to a point for corner; North 67°59'S8" West a distance of 174.99 feet to a point for corner; North 12'36'22" East a distance of 190.77 feet to a point for corner; North 33 °30'00" West a distance of 345.16 feet to a point for corner at the Northeast corner of said Western Oaks Estates- Section II , said point being in the Southerly Iine of Western oaks Drive (70 foot wide Right-of-Way) ; THENCE along the Southerly line of said Western Oaks Drive, the following calls: North 57°30'00" East a distance of 127. 36 feet to a point for . - corner at the beginning of a curve to the right whose chord bears South 87'45'00" East; In an Easterly direction along said curve to the right having a central angle of 69 ' 30'00" , a radius of 420 . 79 feet, and an arc length of 510 . 42 feet to a point for corner; _ ��a.�.�����9r' D F C i 1993 �n-�;`����I�l� EXHIBIT�. TO ��-�. ���y " O 1 z South 53 °00'00" East a distance ofP�3 . "��c� -�_point for corner at the beginning of a curve to the left whose chord bears • South 58�15'03" East; In a Southeasterly direction along said curve to the left having t a central angle of 10' 30'05" , a radius of 1064 . 00 feet, and an arc length of 195. 01 feet to a point for corner; South 63° 30'04" East a distance of 281 . 83 feet to a point for corner; THENCE South 26 �49' 23" West a distance of 207 . 23 feet to a point for corner at the beginning of a curve to the left whose chord bears South 13' 47'41" West; THENCE in a Southerly direction along said curve to the left having a central angle of 26°03 '23" , a radius of 425.00 feet, and an arc length of 193 . 28 feet to a point for corner; THENCE South 00'46'00" West a distance of 410 .73 feet to a point for corner at the beginning of a curve to the left whose chord bears South 12" 39'46" East; � THENCE in a Southerly direction along said curve to the left having a central angle of 26°13 '34" , a radius of 425 .00 feet, and an arc length of 194 .54 feet to a point for corner at the beginning of a curve to the right whose chord bears South 08°23'13" East; THENCE in a Southerly direction along said curve to the right having a central angle of 34°46 '27" , a radius of 425.00 feet, and an arc length of 257.94 feet to a point for corner; ��J ' THENCE South 09`00'00" West a distance of 150. 00 feet to a point for corner; THENCE South 66�00'00" East a distance of 70.00 feet to a point for corner; THENCE South 18°00'00" East a distance of 146 .00 feet to a point for corner in the North line of said State of Texas tract; THENCE North 89� 39'25" West along the North line of said State of Texas tract, a distance of 87.53 feet to the POINT OF BEGINNING and containing 27.72 acres of land, more or less. I-.1�����^,,.���.� v . ` OtC ; 1993 -- , r, �, �i s�. � �_��� ��li�' l� , EXHIBIT!�''. TO � ���� °a3e � of .....�..,._ , ' DECLARATION OF COVENANT AND - DEED RESTRICTIONS �""" THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OFTARRANT Mockingbird Development, Ltd. by Beverly Development Corp., General Partner ("Declarant") is the owner in fee simple of certain real property consisting of approximately 27.72 acres located in Tarrant County, Texas, being more particularly described on Exhibit A attached hereto and incorporated herein for all purposes (the "Property" or the "Addition"1. 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 BI 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 befor� the City Pla�ning 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 Mockingbird Development, Ltd., by Beverly Development Corp., General Partner 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 � � � � � � � ;� �xy��:�� To �� YY-�� , . �'�,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 �-e�' _ , 1994. DECLARANT: �� MOCKINGBIRD DEVELOPMENT, LTD. BY THE BEVERLY DEVELOPMENT CORP., GENERAL PARTNER �� d BY: Kim THE CITY OF GRAPEVINE, TEXAS B Y: _.� Trert Petty, City Manager ATTEST: � ` Y�5i������ , . ��� �� �1�. APPROVED AS TO FORM: � �. G�-- City Attorney �`"�� 2 � � � � � � 3� � � . , , �xH�eir.� to ��.. ��-�� Page ..,...�,�.. of STATE 0'F TEXAS ��+ ° COUNTY OF TARRANT This instrument was acknowiedged before me on ���+'��� /, ��iy� �.,.__� 1994, by Kim Gill on behalf of Mockingbird Development, Ltd. by the Beverly Development Corp., General Partner. xxr.xxxx::.,;,. .> , >;xxxxxxxxxx�,:,;:;., - x ��aw � � �4 HUFF � ,.,(pLtl,�iG X i��'' `'c " T�x�s ; p ARY PU L IN AND FOR THE X ' � F �,'` ., : v �XPIRES � X s, , ��94 X STATE OF TEXAS X .,. x xxxxxxxxxr,xr.xxxxx>>,>:•- � . � xxxxxxx My Commission Expires: STATE OF TEXAS COUNTY OF TARRANT �'``� This instrument was acknowledged before me on , � ��y� 1994, by Trent Petty, City Manager, on behalf of the City of Grapevine. .. '..txXXXXXXtiXX�AA,a;�:,;�;�i.� . ,.;;� �.7.X\:•:X � � �F,t;�;;;�,,,, LINDA i���r= 4 ` X c*: NO'ARY Puauc - i e,c�� ;:; x � :' Mr con+Miss.oN r. '�=� x NOTi4RY PUBLIC IN D FOR THE x pecen+��s 16• 1994 x $TATE OF TEXAS x � x xxxxxxxxr,xxxxxxxxxxxxxxxxxxxxxxxxxxx� My Commission Expires: �J'lG �� �..� 3 � �. �� � �- g r, � I �� � � � � i � Cxhibit A ,to Deed Restrictions EXHIBIT� T� ��� ��'��yz�1 � � �� Z93-07 , Mockingbird Devel. FIELD NOTES Page � �f �j� 'e 1 of 2 BEING �. tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas ; and being parts of the Flizabeth Cox Survey, «Abstract Number 352 , and the � G.G. Starr Survey, Abstract Number 1466; and being part of that tract of land conveyed to Mockingbird Development, Ltd. by Deed recorded in Volume 11.091 , Page 677, Deed Records , Tarrant County, Texas; and being m�re particularly described °"`�as follows: BEGINNING at a point for corner at the Northwest corner of a tract of land conveyed to the State of Texas by Deed recorded in Volume V, Page 58, Deed Records, Tarrant County, Texas; THENCE North 80�21 '27" West a distance of 303 . 97 feet to a point for corner; THENCE North 79'52' 38" West a distance of 307. 12 feet to a point for cern�:r at the SouthEast corner of West�rr► Oaics Estates-Section II, an addition to the City of Grapevine recorded in Cabinet A, Hanger 866, Plat Records, Tarr�nt County, Texas; THENCE along the Easterly line of said Western Oaks Estates-Section II , the following calls: North �1°00'18" East a distance of 305.02 feet to a pQint for corner at the beginning of a r_.urve to the right whose chord bears North 22'30'09" East; In a Northeasterly dir. ection along said curve to the right having ° � a central angle of 42�59'42" , a radius of 609. 35 feet, and an arc , length of 457 . 26 feet to a point for corner; North 44'00'00" East a distance oi 72 .93 feet to a point for corner; North 45'00'00" West a distance of 637. 33 feet to a point for corner; - � North�67' S-9 ��a;$"- West .a distance of 174. 99 feet to a point for _ corner; North 12'36'22" East a distance of 190.77 feet to a point for corner; North 33 '30'00" West a distance of 345. 16 feet to a point for corner at the Northeast corner of said Western Oaks Estates- Section II , said point being in the Southerly line of Western Oaks Drive (70 foot wide Right-of-Way) ; THENCE along the Southerly line of said Western Oaks Drive, the following calls: North 57° 30'00" East a distance of 127. 36 feet to� a point for corner at the beginning of a curve to the right whose chord bears ' � South 87°45�00" East; In an Easterly direction along said curve to the right having a central angle of 69` 30'00" , a radius of 420. 79 feet, and an arc length of 510 . 42 feet to a point for corner; ,.� `,C`� _ ;! e�V�� V L.L�;y pEC 1 1993 i = � 5 � � � � 1 �?_�N��N+� � ��,�f_ `r Y---rt'� � � �xhibit A to Deed Restrictions Z93-01 EXHI8IT_'� TO �� 3 ^ � � , PaQe �� o �� South 53 "00'00" East a distance of 249 . 9Z ee o a poin for corner at the beginning of a curve to the left whose chord bears " South 58'15'03" East; In a Southeasterly direction along said curve to the left having a central angle of 10° 30'05" , a radius of 1064 .00 feet, and an arc length of 195 . 01 feet to a point for corner; South 63' 30'04" East a distance of 281 . 83 feet to a point for corner; THENCE 5outh 26°49'23" West a distance of 207. 23 fee� to a point for corner at the beginning of a curve to the left whose chord bears South 13' 47'41" West; THENCE in a Southerly direction �long said curve to the left having a central angle of 26°03 '23" , a radius of �4z5.00 feet, and an arc length of 1Q3 . 28 feet t�., a �:�int far eorner; THENCE South 00'46'00" West a distance of 410 .73 feet to a point for corner at the beginning of a curve to the left whose chord bears Soyth 12� 39 '46" East; THENCE in a Southerly direction along said curve to the left having a central angle of 26'13 ' 34" , a radius of 425.00 feet, and an arc lene�th of 19�� . 54 feet to a point for corner at the beginning of a curve to the ra.ght whose chord bea�s South 08°23'13" East; THENCE in a Southerly dir�ction along said curve to the right having a �entral angle o2 34 46'27" , a radius of 425.00 feet, and an arc length f 257.94 feet to a point for corner; HENCE South 09°00'00" West a distance of 150.00 feet to a point for ``"'�orner; THENCE South 66'00'00" East a distance of 70.00 feet to a point for corner; THENCE South 18'00'00" East a distance of 146.00 feet to a point fQr corner in the North line of said State of Texas tract; THENCE North 89' 39 '25" West along the North line of said State of Texas tract, a distance of 87 .53 feet to the POINT OF BEGINNING and containing 27.72 acres of land; mor� or le�s. li`i i...�.!�� V ��-'. OEC 1 1993 __� ,�i�����, � � � � � � � � � . � ' �XHi31i � TO �� ���� 'a3e � of �. EXHIBIT ��B" to Deed Restrictions Page 1 of 1 Z93-01 (Mockingbird Development) — — — — — — — — — ¢'EA+2 1�QcP�tTY—�.�•►c — — — — — a 3 A Feo�i 6��c L�N� A - � line perpendicular to the rear property line and the front � building line : :� B - Garage openings must be perpendicular to Line A `�Ll,t±�l'G,. PLEASE F�ETURN T�: ��� B�i�_RY � � �R�f�'1��'S OFF1C� C��.�#'Y ��`��RA�''E�V1NE� �,��, P`�;� �x� � �5���:. ,..- Gt��P��f'��IE, T9C� 76099�` � � ; � i � � � C i . i . • / / ;K�"-� D194043372 CITY GRAPEVINE PO BOX 95104 CHARLY BERRY GRAPEVINE, TX 76099 —W A R N I N G—THIS IS PART OF THE Ok'FICIAL 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 O: CITY GRAPEVINE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 194144994 DR92 T000224 02/22/94 10:06 a,�.., INSTRUMENT FEECD INDEXED TIME ���� 1 D194043372 WD 940222 10:06 CK 71785 T O T A L : DOCUMENTS: O1 F E E S: 19 .00 B Y: ANY PROVI5ION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE I5 INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. �,.a„� � � � r-, < � � c V � � � � �