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HomeMy WebLinkAboutORD 1990-039 ORDINANCE NO. 90-39 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 A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEINC3 SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE E. R. RICHARDSON SURVEY, �.. .:: ABSTRACT NO. 1352 , AND THE G. B. KNIGHT SURVEY, ABSTRACT NO. 898 , 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 RESIDENTIAL DISTRICT TO "R-12. 5" SINGLE- FAMILY RESIDENTIAL DISTRICT; 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 ($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 a�ll 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, tYie 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 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 whettier this requested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly pre5ent in the securing of safety from same9 the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of th� land, the effect on the concentratian 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, WHEREAS, the City Council of the City of Grapevine, Texas, 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 proxirnity 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 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 in that the use of the following described property, to-wit: Being a tract of land out of the E. R. Richardson Survey, Abstract No. 1352, and the G. B. Knight Survey, Abstract No. 898 , 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 Residential District is hereby changed to "R-12. 5" Single-Family Residential District, 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 ordinance 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 bath 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 which 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 �f 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 f�act 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 GRAP�VINE, TEXAS on this the 7th day of July , 1990 . APPROVED: �lL_� Ted R. Ware Mayor Pro Tem - ATTEST: �.:,,� ` � n a Huff City Secretary APPROVED AS TO FORM AND LEGALITY: �Y f�'`� � John F. Boyle, Jr. City Attorney EXHIBIT "A" TO � - • ORDINANCE NO. 90-39 Being a 26.8183 aae uact of land in the E R. Richardson Survry, Abstract No. 1352 and the G. H. Knight Survey.Hbseract No. 898, situated in Tarrant County,Tacas and being a portion of that certain tract of land described in deed to Stooe Co., � Ine. as recorded in Volume 6756, Page 2340 of the Deed Records of Tarrant Couaty �Te�cas and being more particularly described as follows: BEGINNING at a pipe in a mound of stones at the northwest corner of said E. R Richardson Sucvey; T'I-�NCE N 88°54'S6"E along the south line of that certain tract of land as described in d�ed to John G TeddGe as recorded in Volume 4837, Page 921 of the Deed Rccords of Tarrant County, Texas, 155.12 fest to a 1R" iron pin found at the southwest mrner of that artain tract of land as described in deed to George F.Johnsoa as recorded ia Volume 7101,Page - l038 of the Deed Records of Tarrant County, Tuas; T�NCE N 88°03'33" E along the south line of said Johnson tract 23551 feet to a 5/8' iron pin found at the southwe�.� � comer of that certain traa of land ac described in deed to the Ciry of Grapeviae as reoorded in volume 6834, Page 1305 of the Deed Records of Tarrant County, Texas; , TI�NCE S 89°Zb'S9" E along the soutD line of said City of Grapevine tract 477.65 feet to a 1!Z" iroa pin fonad at tbe northwest corner of that certain tract of land as described in deed to AC. Stone as rccordai in Volume 5666, Page 29 of the Deed Reoords of Tarrant Counry, Tuas; THENCE S 00°16'S5" E along the west line of said AG Stone uact 40020 feet to a 1/Z' iron pin fwnd in the west right- of-way line of W.T. Parr Road (R.O.W. Varies); 'THENCE S 00°56'39"W,3465� fcet to the northeast oorner of Stonewood,an addition to the 4ry of Grapevine ss reoorded in Cabinet A, Slide 45 of the Plat Records of Tarrant County, Texac; 'I�iENCE N 89°ll'46" W along the north right-of�vay line of Barberry Road (60' R.O.W.)at 25.00 fcet passing a 5/8" iron pin found in the west right-of-way line of W.T. Parr Road and continuing in all 53244 feet to a S/8" iroa pin foand at the POINT OF CURVATURE of a circular curn concave to the southeast having a xaual angle of 52°48'14",a radius of 500.00 feet and a chord bearing of S 64°2ft'07" W; � 'I'F�NCE along said curve in a southwesurty direction 460.80 feet to a 5/8"iron pin found at the POITIT OF TANGENCY; . T'HENCE S 38°00'00"W,54250 feet to a 12" iron pin found at the POINT OF CURVAT[JRE of a circutar curve conwv�e to the northwest having a central angle of 52°00'00", a radius of 220.00 feet and a chad bearing af S 64°00'00' W; Tf�JVCE along said curn in a sout6westerty direc[ion 199.67 feet to a 1/L"iron pia found at the POINT OF TANGENCY; T'HENCE WFS'T, 180.70 feet ta a 12" iron pin found at the aoutheast corner of Druid H'Ils, an addiuon to [he Ciry of Grapevine as rccorded in Volume 388-8, Page 54 of the Plat Records of Tarrant County, Taras; ` 'I��NCE N 00°03']8" W along tbe east line of said Druid Hills additioa, 865.86 feet tn a 1/4' iron pin found in ttse south ' line of thac certain tract of land as deacribed in dud to RB. Gtinningham, :r. aa rr,:,orded iA volume 4041, Pege 201 of tbe Deed Records of Tarraat Couaty, Tuas; T'f�NCE S 89'°56'34' E aloog the eouth line of aaid Cuaningham traet 760.2b leet to e S/8" ircm pM fc�uad at tbe wuthea�t oorner of that cercain cract of land aa deacritxA in deed to R.B. Cunningham,]r. as recardeA in Vdume 3GEW, Page 59'� ol the Dced Rwords of Tamant Counry, Tesaa; 'I�-IENCE N 00'49'S9" E abog the east line of said Cunningham tract 231.U3 feet to a S/B' fron pin Wund et the nortbemt oorncr of said Cuaningtsam tract; 'I'f-IENCE N 00'ST18" W along the cast line of that certain tract of land au de�crftxd in detd to W.T. Parr a�recordeC ln Volume 1145, Page 560 of the Decd Recorda of'Tarraat Caunry,7'exas, 340.99 faet to the YOINT OF BF?C3INNiNd and containing 1,168,204 aquare feet or 26.8]83 aaes of land o(which 8,060 squarc feet or 0.]850 acra it contamul anthia the right-0f-w�ay of W.T.Parr Road. .� EXHIBIT "B" TO ,,+„ ' � ORDINANCE ,NO. '90-39 , DECLARATION OF RESTRICTIVE COVENANTS STATE OF TEXAS * * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT * The Estates of A.C. STONE, Deceased, and AUDREY L. STONE, Deceased, hereinafter jointly referred to as "Declarants" are the current owners in � fee simple of certain real property consisting of approximately 26.8183 acres situated in Tarrant County, Texas, and being more particularly described by metes and bounds on the attached Exhibit "A", attached hereto and incorporated herein by reference for a full and complete description of the property, being hereinafter referred to as "the Property". 1. Declarants desire to develop in due course the Property, and Declarants have made application to the City of Grapevine for appropriate residential zoning to permit said future development of the Property. 2. For a good and valuable consideration, the receipt of which is hereby acknowledged by Declarants, Declarants do Y-iereby covenant and agree that each residential lot to be platted within the boundaries of the Property shall contain no less than 14,000 square feet of land. 3. Declarants further covenant and agree that upon the development of the Property, Declarants will construct at Declarants' sole expense, a wood stackade fence six (6) fe�t in height along the entire Westernmost West boundary of the Property. 4. The above restrictive covenants shall be covenants running with the Property, and shall continue in full force and effect until for a period of twenty- five (25) years from the effective date as provided in Paragraph 5, and shall automatically be extended for additional periods of ten (10) years unless terminated in the manner specified herein. 5. The above restrictive covenants shall be effective on the date of final approval by the City Council of City of Grapevine, Texas, of the Residential Zoning requested by Declarants and Declarants' developer, FRED JOYCE - MARY � MYERS ENTERPRISES, INC. 6. The above-specified restrictive covenants 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. 7. Notice of such above-specified public hearings shall be given as would be required by law for a zoning change on the Property. The City Manager, . , Declaration of Restr•ictive Covenants - Page 1 ; `}, T , -� �-� ' °" i ♦ or designee, through authorization by majority vote of the City Council of the City of Grapevine, Texas, and Declarants or their successors or assigns, must sign a document to be filed in the Deed Records of Tarrant County, Texas, approving the alteration, amendment or termination of these Declaration of Covenants and Deed Restrictions. 8. The restrictions contained herein are not in any manner intended to restrict the right or the ability of the City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of the Property is concerned. 9. These restrictions inure to the benefit of the City of Grapevine, Texas, and the City of Grapevine does hereby reserve the right to prosecute, at law and in equity, against any entity, person or persons violating or attempting to violate such restrictions, either to prevent them from so doing or to correct such violation, and for further remedy, the City of Grapevine may withhold the building final inspection certificate necessary for the lawful use of any lots located in the Property until such restrictions described herein are fully complied with. 10. These restrictions are hereby declared to be covenants running with the land and shall be fully binding upon all persons acquiring property within the above described tract, as outlined in the attached Exhibit "A", and any person by acceptance of title to all of the Property or any portion of the Property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. 11. Declarants shall be entitled to impose additional written restrictive covenants on the Property so long as said covenants do not conflict with the restrictions described herein. Dated this 14th day of ��ntPmber _, 1990. ESTATE OF A.C. STONE, DECEASED By: ` -, _ Mary Stone Myers, Independent Executrix of the F.state af A.C. Stc�ne, �ece�s�d ESTATE OF AUDREY L. STONE, DECEASED By: l. Kipp . Myers, I dependent Executor of the E te of Aud y L. Stone, Deceased Declaration of Restrictive Covenants - Page 2 , ;,,: w .,. . �� �-- �-% . STATE OF TEXAS COUNTY OF TARRANT This instrument was acknowledged before me this � day of , 1990, by MARY STONE MYERS as Independent Executrix of the E ATE OF A.C. STONE, DECEASED, on behalf of said Estate. � _..: • � �d"p���� � Notary Pu c in and for State of Texas ���� ���, �3 My commission expires: STATE OF � COUNTY OF �,�..a.P,c._ This instrument was acknowledged before me this �-o day of , 1990, by KIPPY L. MYERS as Independent Executor of;;;.the ESTATE OF AUDREY L. STONE, DECEASED, on behalf of said Estate. � T .~ Notary Public in and f r State of > `� � �� :, �� 4 My comm�ssion expires: jj��( �QI��i1iS��L�f �XP1�.�S 112J'l��� � ;:. ,�. _. ;;.� Declaration of Restrictive Covenants - Page 3 � ��• -� `°-' � ~_ -� ° . . . .. _ .. . �. A H 1 B I T ��� � TO DEED RESTRICTIONS . Being a 26.8183 aae uact of Iand in the E. R. Richardson Survcy, Abstracc No. 1352 and the G.B.Knight Survry,Absuact No. 898, siwated in Tarrant County,Tacas and being a portion of that certain tract of land desc�ibed in deed to Stone Co., Ine. as recordul in Volume 6756, Page 2340 of the Deed Records of Tarrant County �Teacas and being more particularly dascribed as follows: BEGINNWG at a pipe in a mound of stones at the northa�est corner of said E. R Richardson Survey; 'I�NCE N 88°54'S6"E along the south line of that certain tract of land as desaibed in deed to John G Teddlie as recorded in Vo(ume 4837, Page 921 of the Deed Records of Tarrant County, Texas, 155.12 feet to a 1/2" iron pin found at the southwest corner of that certain tract of land as described in deed to George F.Johnson as recorded in Volume 72A1, Page 1038 of the Deed Reoords of Tarrant Couaty, Tacas; 'I'HENCE N 88°03'33" E along the south line of said Johnson tract 23551 feet to a 5/8' iron pin found at the southwest cocner of that certain tract of land as described in deed to the City of Grapevine as recorded in volume 6834, Page 1305 of the Deed Reoords of Tarrant County, Texas; . THENCE S 89°26'S9" E along the south line of said City of Grapevine tract 477.65 feet to a 1!2" iroa pin found at the northwest corner of that certain tract of land as dascribed ia deed to AC. Stone as reoorded in Volume 5666, Page 29 of the Deed Records of Tarrant Couaty, Tesas; THENCE S 00°16'S5" E along the west line of said AG Stone uact 40020 feet to a 1R' iron pio found ia the west right- of-way line of W.T. Parr Road (R.O.W. Varies); Tf-IENCE S 00°56'39"W,34651 feet to tbe aorthcast oorner of Stonewood,an addition to tbe 4ry of Grapevine as reoorded in Cabinet A, Slide 45 of the Piat Records of Tarrant County, Texas; TI-IENCE N 89°il'46" W aloag the nort6 rigt�t-0f�way line of Barberry Road (60' R.O.W.)at 25.00 feet passing a 5/8" iron pin found in the west right�of-way line of W.T. Parr Road and continuing in all 53244 feet to a 5/8" iroa pin found at the POITiT OF CURVATURE of a circular curn concave to the soutdeast having a cxnval angle of 52°48'14",a radius of 500.00 feet and a chord bearing of S 64°2i'07" W; THENCE along aaid curve in a southwesurty direction 460.80 feet to a 5/8"iron pin found at tbc POINT OF TANGENCY; . TI-�NCE S 38°00'00"W, 54250 feet to a 1/I" iron pin fouad at the POINT OF CURVATURE of a circular curve conwv�e to the northwest having a central angle of 52°00'00", a radius of 220.00 feet and a cbord bearing of S 64°00'00" W; TfiENCE along said curve in a southw�esterty direction 199.67 feet to a 1/2" iron pin found at the POINT OF TANGENCY; Tf�NCE WFST, 180.70 feet to a 1R" iron pin found at the aoutheaat corner of Druid H�fls, an addiuon to the Ciry of Grapevine as recorded in Volume 388-5, Page 54 of the Plat Recarda of Tarrant County, Tards; TT-iENCE N 00°03'18" W along the east linc of said Druid Hilla additioa, 865.86 feet to a 1/4' iron pu� icn►nd in tbe �ouW ' line of that certain tract of laod as deacribed in deed to RS. Gbnninr,,ham, Ir. as rrworded �voiumc �C341, Page 2(31 of the Deed Records of Tarrant Couary, Texaa; TI-�NCE S 89°56'34' E along the south line of said Cuaningbam traet �60.26 [eet to a S/8" ircm pM /cniad at tbe �outtfea�t oorner of that certain cract of land aa dcacribed in deed to R.B. Cunningham,]r. as recordeG in Vdume 3GfW, Page S93 of the Deed Recorda M Tarrant Counry, Texas; THENCE N 00'49'S9" E aloog tbe e�t line of aaid Cunningham tract 231.U3 feet to a S/8' iron pi:f lauaG at the oortbemst cana of said Cunningl�am tract; TF�NCE N 00'ST]8" W along the cast line of that oenain tract o(land aa descrft�ed ia Aeed to W.T. Parr � rerordeA io Volume 1145, Page 560 of t6e Deed Reoorda o!Tarram County,7'exas, 340.9�J feet to the YOINT OP HP.CiiNN1N6 erW . coacaining 1,168,204 aquare feet or 26.8183 acres ot land of which 8,060 equarc feet or 0.]850 acra it contained within the right-of-ovay of W.T.Parr Roed. " . . ,._ ,.. . �_ _. R.J e� t i^ D 19C7178598 CITY OF' GR�PEVINE PO BpX 729 GRAPEVINE, TX 7b�51 —W A R N I N G--THIS IS PART UF TME C7�'FICIAL_ REGGRD--D q N O T U E 5 T R Ci Y �' I L E [7 -- 7 A f� R A N T G O U N T Y T E X A S S U Z A N N E H E N p E � S O hi -- GOUNTY CL..�RK U F � I C I A L R E C E I P T T O: CIYY QF GRAPEUINE RECEIPI" NG REGISTER PRTNTED DA1'E TIME 1��.�21764 qR91 10/29/90 11 ;O�a IN57�UMENT FEECD AMOUNT FILE�i TIME 1 D�9C�1,78598 WD �. 00t �01C�29 11 :t��+ CK 221�34 T" Q `f A L. : DOCUMENTS: �J1 F E E S : 9. 1�0 i' BY . ..,_,. AIVY F'RGVISION WHICH RESTRICTS THE SAL.E �eENTAL �R �JSE OF THE p�SCRIBED REA1�. PRQP�RTY BEGAUSE OF CGI.C�R OR �AGE TS If�IVALIC� ANG UNF'ORGEABL� UNDER FEDERAI� LAW.