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Home My WebLink AboutORD 1992-020 �°^ ORDINANCE NO. 92-20 � 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 Z92-01 ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A 6. 381 ACRE _ TRACT OF LAND IN THE E. R. RICHARDSON SURVEY, ABSTRACT NO. 1352 IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE-FAMILY DISTRICT REGULATIONS, TO "R-12 .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 �, g, 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 pro�aerty 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. 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 Z92-01 in that the use of the following described property, to wit: Being a 6. 381 acre tract of land out of the E. R. Richardson Survey, Abstract No. 1352, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Exhibit "A" , attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family District Regulations, is hereby changed to "R-12.5" Single-Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Provided, however, that the property described in Exhibit "A" , attached hereto and made a part hereof, 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. 3 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 ��x� 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. 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 ordainede � � PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of April , 1992 . APPROVED: � - Ted R. Ware Mayor Pro Tem ATTEST: Li da Huff �* City Secretary � 4 '`'�" APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney �„ . �,..� � W�rrr 5 . � � �� .. ' ,� EXHIBIT� TO �. ��-� ��µ�� Page _�_ of = �A� �� 199� � � � „ �`��/,�� EX�IIBIT A Being a 6.381 acre tract of land in the E.R Richardson Survey, Abstract No. 1352, situated in the City of Grapevine, Tanant County, Texas, said tract being those tracts described in deeds recorded in Vol.3678,Pg.90 and Vol.7079, Pg. 988 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 1/2" iron pin found at the Northeast comer of the said E.R Richardson Survey, said point also being the Northwest comer of Westem Oaks, an addition to the Ciry of Grapevine as recorded in Vol. 388-204, Pg. 91 of the Plat Records of Tarrant County, Texas and the Northeast comer of the herein described tract; TI�NCE S 00°29'49" E along the West line of said Western Oaks addition and the East line of the said Richardson Survey,753.69 feet to a 1"pipe found at the Northeast comer of O'Dell Subdivision, an addition to the City of Grapevine, as recorded in VoL 388-78, Pg. 33 of the Plat Records of Tarrant County, Texas; TI�NCE N $9°54'S0" W along the said North line of O'Dell Subdivision, 369.97 feet to a 1/2" iron pin found in the East line of a tract of land conveyed to John M. Dees etux Vilma, in deed recorded in VoL 3602, Pg. 119 of the Deed Records of Tarrant County, Texas; THENCE N 00°25'S8" W along the said East line of said Dees tract, 750.61 feet to a 1CZ" iron pin ' set in the North line of said Richardson Survey; TI�NCE N 89°36'31" E along the said North line of the Richardson Survey, 369.11 feet to the �` ` POINT OF BEGINNING and containing 277,945 square feet or 6.381 acres of land, more or less. �..,.,.., � -� _- �`. � �- � ; r , { ;, ��ii�ifi� TO �� ` �'z° . : �: ----•— - 1�' �� a�' �� $ 'i ��e �" � � ot -� � �F ��e �� : !Y �f : x , � l�---�c— � t�'d di� �� 1� .��- �` . � � � , �: �!� i�� , l�.I �� Q m � A, _^', —. � � � �� ' ` � a� R � �e � � � � `��' ` _ � �� ! �� '�� ;� �� m � rp � � �� ;�#'` '�' �'� ;'j � '� _ � a � 5 �� ,'� l�l�' j�r� ��i� �� 1 W � v�j � �� . � � g� i i g�`r� ��i� �� i� �� z � 9 � fd;� �1:{ �� i; �i �� W � ` � � � �� _� � o,°�R' � - � � ' -= J � a � _- � � � ` � � ., w�� :' , �= i�=�� . ��. : � _ � 1 < � a � �� A� � `= II' � � 7. � � � • -43 : � � !� i� � �- � � 1,� I= J = i? I '� � E �' - - ._ - � �� i z : - " �.= 3 - � i _ i � i � - � < � � 3i � ' ' � ' ' � r < - - _ �- = : i J z� � x : i �3 J y Y � �( { � / � �yI� / 6 a . . �' i i9/ m �4 Y� r� m � � R o a� � �9 � �� /� � I �� • � Y _ , e $ a < � : ! o � 3 / �i � � � ___—_'—_ ,. G'i �, ,�°s_ t ---� ~— � e�$ -,.a. -:oms.re �,��----- _ — -i- s / i—�,�„r—�---_— � - .---;---- , --E --- $ U e�� tl, V�^-'.` ` �, u�i / .� � @ C i� � .` �,�_ n " � E ' -��' � , �'F� al;�� ^� �'�� _ � "� I.g �� °�� $ = I ��j� �� s �S 3 �' .v � � � _ _� � I'� 8 � � o ��.�._ ,` , � � I o � �� p• . _ -'� . �,s�-°% � � m :i isi� — e 1W3lY7tl '� ~`i � U ¢' ! s 133MLS � 3 u;��o { ' � P� W�R 1 � e � E _�'—"� . m R � -'ti�L�,� y :e I � - r` • . /� ❑ ; �� 5� !� Y�� - �- , � �� 3� I g �� i ' ;��_ s N. : a � o., �, 3 sl� r. �. _. c"3 �I g .tl g: Q8. R�'�U -c�y ,� .a �'j �� ;�!� ° ,y�� `' � ��I ��. � _ � .� ,� a.Y . . �1 _•,'--- � _I_'_MJS.R.ODNT�nDG�i—_—�r�s �,mGC.=�; 7 � N s i/ .. � � t N�OlB ! � � Y � N �i I � I m I W�� ^ N II ��4�y AL � (O � �� Z B6,'0�_i I J �� Y �g� I I I - � Ig' �'`°� � �� 1 N W � � � ��i . �5� : } �� ,� ��. 2— . Q � p c7 .,.n. ..r • X q $ i ,.. _ ,_: _ _. _, ., � �� , � ; �J � EXF�BIT "B" OF � ORDINANCE No. �.�-- -�Z �= DECLARATTON OF COVENANT ��C�� v �'�� /� � � APR 1 � 1992 �` DEED RESTRICTIONS THE STATE OF TEXAS �LAN N I N� COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS Don L. and Melba L. Fletcher and Don and LaDonna Magby ("Declarant") are the o�vners in fee simple of certain real property consisting of approximately 6.38 acres located in Tanant County, Texas, being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "Properiy" 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 restrictions, to wit: 1) Every lot platted on the property that has any portion contiguous to the westem property line of Western Oaks Addition shall have a lot size of not less than 17,000 square feet. 2) Every lot platted on the Property shall have a lot size of not less than 13,000 square feet. �' ' 3) The total air-conditioned living area of the structure on any lot on the Property shall be not less than 2,000 square feet. 4) The total exposed e�rterior vertical wall area of each dwelling, exclusive of doors and windows, shall be at least 75% masonry, brick, brick veneer, stone or stone veneer. 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 spec�ed herein. These restrictions shall not be altered,amended or terminated without a public hearing before the Ciry 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 Don L. and Melba L. Fletcher and Don and LaDonna Magby, and their successors or assigns, must sign a document to be filed in the Deed Records of Tanant County, Texas, approving the amendment or termination of this declaration of covenant and Deed Restrictions. (1) � _ � ... �. _� �. .� � - � � �xM�sir� �o ��,��. ��-�� Page �_ of .,�.Y_ . 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 concemed, 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 insure 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. _`�- ��V�� i/ L.� EXECUTED this :�� day of ��-�--�-- , 1992. CTTY OF GRAPEVINE, TEXAS APR 1� 1992 r -'� / PLA�ININ� � � /� � By: ,f ,,��: .� l�,� ��=�_..�--' Mark Watson, City Manager DON L. AND MELBA L. FLETCHER AND DON AND LaDONNA MAGBY By: . By: . Don L. Fletcher, Owner Melba L. Fletcher, Owner By: By: Don Magby, Owner LaDonna Magby, Owner �2� _ _ � , � . E X!-1 f 31 t�_ T 0 �� '"`z�' • � Pa�e �_ of � � � � ��. APR 1 �3 1992 STATE OF TEXAS COUNTY OF �.�..c�T ��IIVI�C� r- This instrument was acknowledged before me on the� day of L 1992, by Mark Watson, City Manager, City of Grapevine, Texas. -� c �� Printed Name: ��.v D<t C��(.F� My Commission expires on: ,U J�su�c.t..� �� /9�� zxxxxxxxxrx��';:,,,;;:;:,:;.;�:;:,x�axxxxxxx ,� X x ;t�Py ``°�",�.- LINDA HUFF z X +t,=� _ NOTAQY Pua��c - Texas x STATE OF TEXAS x � MY COMMiSSIOIV EXPIRES x .�`'<,. x r� X '' �. Dece,wae� 15. 1994 X X COUNTY OF �xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx This instrument was acknowledged before me on the /3�day of � 1992, by Don L. Fletcher. � , � �. Printed Name: % v�f��c�'��. ��/' k My Commission e�ires on: ,�� l�,. / �..3'G� ��,r,� t30B HENOERSON, JR Notary l�ubAc STATE OF T'EXAS # � STA7E OF TEJ(AS r"—� �'�� MY Corrrn.Exp.�EB. 12,1996 COUNTY OF /c,��.� � u This instrument was ackn�wledged before me on the I� ` ay of 1992, by Melba L. Fletcher. ; � Printed Name: 1��,� �c!`�-�,�c:.�►:c%� My Commission expires on: �_/v. % r�; /�.°�J�', .,�..�.�.... �i�nr � BOB HENDERSON, JR Notary Publk � � � s��T�oF a�xas �'��'��'��iJ�r Comm.Enp.��. i2,1s9s (3) �2 . � ._ ; .. . , . " � �xy��r� ro �� -�-�,A� � P a ge � _,.,` :��.-.�. � �� STATE OF TEXAS A PR � '� 1 � 1992 COUNTY OF L� .�, . �" i��'N This instrument was acknowledged before me on the day of , 1992, by�on Magby. . �� ._. . ..�.. . nhiy.,r�R �@�LdM ��t �t/�oi�.'�,� �� - �'I .,� ��° r�o3�rY �� c ° � sta�e o�T�x�s � ��a� �t;F�`' Comm. Fxp. 1C1-25-92 P ted Name: �-. ,. -r ..,�.�.�r,,,�� My Commission expires on: STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on the day of • , 1992, by LaDonna Magby. � .�;,,�_. _ _ . . v.._,_. r�� L6f�1€�� ta;w1P �;�� S ° �IOT�RY F�v�L! ' w�. � State Jf i exa� * ``��t.,_,�' Comm. cxG. 1G-2�-�iII d Name: , ,r�a+�va,�°-,ac,9,. My Commission expires on: (4) � w , �. _ .. _ _ _ _ _ * . , ��- D192092799 CITY OF GRAPEVINE P O BOX 729 COMMUNITY DEVELOPMEN GRAPEVINE, TX 76051 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--U O N O T D E S T R O Y F I L 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 RECEIPT NO REGISTER PRINTED DATE TIME 192191013 DR96 05/13/92 12:37 INSTRUMENT FEECD FILED TIME 1 D192092799 WD 920513 12:37 CA T O T A L : DOCUMENTS: O1 F E E S: 16.00 � 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 FEDERAI� LAW. _ _ ,_ , ,,., � .. _ _ -. :, - � � , �