HomeMy WebLinkAboutORD 1989-031 ORDINANCE NO. 89-31
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 BEING
SITUATED IN TARRANT COUNTY, TEXAS, BEING A
PART OF THE C. C. DOSS SURVEY, ABSTRACT
NO. 439 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 AMENDMENT
THEREIN MADE; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2 , 000 . 00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made to a�►end the Official Zoning
Map, City of Grapevine, Texas, by making applications for same
"�"`"" with the Planning & Zoning Commission of the City of Grapevine,
Texas, as required by State statutes and the zoning ordinances of
�$„� 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 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 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, 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,
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
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.
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, �nd 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 C. C. Doss Survey, Abstract
No. 439, 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.
Section 2. That the tract of land made the subject of this
Ordinance and described in Exhibit "A" (the "Property") is
� adjacent and contiguous to a tract of land comprising 8 . 83 acres,
more or less (the "Contiguous Tract") , zoned this day by the City
Council by Ordinance No. 89-32 , the Property and the Contiguous
Tract being under the same ownership. In connection with the
development of these two (2) tracts, the owner has voluntarily
submitted deed restrictions applying equally to and covering the
Property and the Contiguous Tract, which are accepted by the City
and to which the City is made a party. A true and correct copy
of the said deed restrictions, entitled "Declaration of Covenants
and Deed Restrictions, " is attached hereto as Exhibit "B" and
made a part hereof.
Section 3 . 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 4 . 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 5 . 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 �oreseeable
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
c ommun i ty.
Section 6 . 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 7 . 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 �he tract
or tracts of land described herein.
Section 8 . That any person or corporation who shall violate
any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
build or alter any building or use in violation of any detailed
statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more
than two thousand dollars ($2 , 000 . 00) , and each day such
violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises, or
part thereof, where anything in violation of this ordinance shall
be placed or shall exist, and any architect, builder, contractor,
agent, person, or corporation employed in connection therewith,
and who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and upon
conviction shall be fined as herein provided. The City of
Grapevine, likewise, shall have the power to enforce the
provisions of this ordinance through civil court action as
provided by state law.
Section 9. 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 � gth day of Apr; � , 1989 .
APPROVED:
.� --��-���_
���� _
,�. William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM AND LEGALITY:
W
John . Hill
City A torney Representative
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EXHIBIT "A" TO
ORDINANCE NO. 89-31
FIELD NOTES
BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas;
and being part of the C.C. Doss Survey Abstract No. 439; and being part of that tract of
land conveyed to Jesse J. Hall by Deed recorded in Volume 1056, Page 327, Deed Records,
� Tarrant County, Texas; and being more particularly described as follows:
��
� BEGINNING at a point for corner in the North line of Hall-Johnson Road (a variable width
� Right-of-Way being 50 foot wide at this location) , said point being the Southeast corner
�
of a tract of land conveyed to June Delling by Deed recorded in Volume 7179, Page 461,
Deed Records, Tarrant County, Texas;
i
� THENCE North Ol°57'S3" East along the East line of said Delling tract a distance of
' S79.92 feet to a point for corner;
THENCE North 89°26' 12" West a distance of 360.00 feet to a point for corner;
THENCE South O1°57'S3" West a distance of 40.00 feet to a point for corner;
THENCE North 89°26'12" West a distance of 207.29 feet to a point for corner;
THENCE North Ol°04'31" West a distance of 444.00 feet to a point for corner;
THENCE South 89°34'28" East a distance of 1060.34 feet to a point for corner;
THENCE South 00°25'32" West a distance of 944.48 feet to a point for corner said point
being in the North line of said Hall-Johnson Road;
THENCE South 85°45'44" West along the North line of said Hall-Johnson Road a distance of
, w 497.58 feet to the POINT OF BEGINNING and containing 16.3 acres of land, more or less.
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APR I 419�
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EXHIBIT "$" TO
'.. �. ORDINANCE NO. 89-31
� ` AND NO. 89-32
DECLARATION OF COVENANT �
AND
DEED RESTRICTIONS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
Jesse Hall Partnership, LTD. ( "Declarant" ) is the owner
in fee simple of certain real property consisting of approx-
imately 25 acres located in Tarrant County, Texas, cammonly
known as the Jesse Hall Tract, being more particularly des-
F` cribed on Exhibit "A" attached hereto and incorporated herein
for all purposes (the "Property" or the "Rddition" ) .
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 which is located
west of High Countryside Drive, where it meets the
northern property line of the Property, and which
lot has any portion contiguous to the northern
property line of the Property shall have a lot size
of not less than 18,000 square feet.
(2) Every lot platted on the Property which is located
east of High Countryside Drive, where it meets the
northern property line of the Property, and which
has any portion contiguous to the northern or
eastern property line of the Property shall have a
lot size of not less than 17 , 500 square feet.
, ( 3 ) Every lot platted on the Property which has no
portion contiguous to the northern property line or
the eastern property line of the Property shall
have a lot size of not less than 16,000 square
feet.
( 4) Distribution circuit lines (as defined by TU
Electric), gas, tv cable, and telephone lines shall
be installed underground. Distribution feeder
lines (as defined by TU Electric) and all existing
lines not associated with the development of the
praperty may remain above ground. Distribution cir-
cuit lines are lines rated at 125 amps or less.
Distribution feeder lines are lines rated at 126
amps or more.
( 5 ) The total air-conditioned living area of the
structure on any lot which has a portion contiguous
to the northern or eastern property lines of the
Property shall be not less than 2500 square feet.
(6) The total air-conditioned living area of the
�, , structure on any lot which does not have a portion
contiguous to the northern or eastern property
lines of the Property shall be not less than 2500
square feet, except that the Declarant or its
� designated Architectural Control Committee shall
have the discretionary power to grant variances of
up to 10% ( 250 square. feet) for the dwelling
structures to be constructed on any of these lots
not contiguous to the northern or eastern property
lines.
(7 ) The total exposed exterior vertical wall area of
each dwelling, exclusive of doors and windows,
shall be at least 75o masonry, brick, brick veneer,
stone or stone veneer.
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� ( 8) No garage shall have a vehicular access door or
opening which faces the front of the lot.
Upon a written request being submitted by the Declarant
to the City' s Director of Community Development, the City of
Grapevine agrees to confirm in writing whether the Property
has been developed in compliance with the above-stated re-
strictions. Regarding paragraph 6 of these restrictions, the
City of Grapevine' s obligation to confirm whether the
Property has been developed in compliance with the above
stated restrictions shall be limited to confirming whether
the total air-conditioned living area of the structure on any
lot which does not have a portion contiguous to the northern
� � or eastern property lines of the Property has at least 2250
square feet. This obligation of the City of Grapevine shall
terminate on the 5th anniversary of the recording date of
this declaration.
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 addi-
tional 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 Jesse Hall Partnership, LTD. 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.
� 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 a , 1989.
� JESSE HALL PARTNERSHIP, LTD.
By: The Davi ell Company, general
partne
By:
G ge A. Field, I I
Chief Operating Of f icer
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CITY OF GRAPEVINE, TEXAS
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By: �� �..��� .�z..�
Mark Watson, City Manager
By:
J •se . Ha , Owner
STATE OF TEXAS
f
COUNTY OF �-�:,_ '`=`��'__r
This instrument was acknowledged before me on the ���' f ''
day of iy �r� � � , 1989, by George A. Field, III as
Chief Operatiny Officer of David Bagwell Company, a Texas
corporation, on behalf of said. corporation. . �
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Printed Name: ' ,` -,�.�'_.�� _ ,.� ,��,• t�,,;
My Cammission Expires: -r `, %�.
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STATE OF TEXAS
COUNTY OF �' f2,�-�
This in trument was acknowledged before me on the o�_hCI
�: , day of , 1989, by Mark Watson, City Manager
for the Cit f Grapevine
LV
Pr' nted Name: � t
My Commission Expires:
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" � JODI C. BROWN x
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X �,,� Notary Public-Etste of 1'�zto
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STATE OF TEXAS
�
COUNTY OF
This i rument was acknowledged before me on the ���
day of ,1989 , by Jesse J. Hall
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EXHIBIT "A" , PAGE 1 OF 2,, ,
� � TO JESSE HALL DEED , '-
RESTRICTIONS .
,,. `��- FIELD NOTES g�d �7 S
BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas;
and being part of the C.C. Doss Survey Abstract Number 439; and being part of that tract
of land conveyed to Jesse J. Hall 'by Deed recorded in Volume 1056, Page 327, Deed Records,
Tarrant County, Texas; and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for corner in the North line of Aall-Johnson Road
(a variable width Right-of-Way at this point), said point being the Southeast corner of a
tract of land conveyed to June Delling by Deed recorded in Volume 7179, Page 461, Deed
�`' Records, Tarrant County, Texas;
THENCE North �1°45' 13" East along the East line of said Delling tract a distance of
575.54 feet to a 1/2 inch iron rod set for corner;
THENCE South 88°42'49" West a distance af 362.91 feet to a 1/2 inch iron rod set for
corner;
THENCE South O1°17' ll" East a distance of 18.72 feet to a 1/2 inch iron rod set for
corner;
THENCE South 88°42'49" West a distance of 206.00 feet to a 1/2 inch iron rod set for
corner;
THENCE North Ol°17'll" West a distance of 624.34 feet to a 1/2 inch iron rod set for
' corner along the North line of said Hall tract, said point being in the South line of Lot
19, Block 1 of Woodcrest Estates, an addition to the City of Grapevine, recorded in Volume
388-17, Page 38, Plat Records, Tarrant County, Texas;
THENCE South 89°40' 16" East along the North line of said Hall tract and along the South
line of Lots 19,18,17 and 16, Block 1 of said Woodcrest Estates, a distance of 487.57 feet
to a 1/2 inch iron rod found for corner;
THENCE South 89°52'27" East along the North line of said Hall tract and along the South
, line of Lots 14,15 and 16, Block l of High Country Phase One, an addition to the City of
Grapevine recorded in Volume 388-154, Page 99, Plat Records, Tarrant County, Texas; a
distance of 315.72 feet to a 1/2 inch iron rod set for corner;
THENCE South 89°52'O1" East along the North line of said Hall tract and along the South
line of Lot 17, Block 1 and Lots 1,2 and 3, Block 3 of High Country Phase Two, an addition
to the City of Grapevine recorded in Volume 388-169, Page 7, Plat Records, Tarrant County,
Texas; a distance of 433.12 feet to a wooden fence post found for corner, said point being
in the West line of a tract of land conveyed to Terry Walker and wife by Deed_ recorded in
Volume 7095, Page 2027, Deed Records, Tarrant County, Texas;
THENCE South 00°10'37" East along the West line of said Walker tract, a distance of
232.11 feet to a 1/2 inch iron rod found for �corner, said point being the Southwest corner
of said Walker tract and the Northwest corner of a tract of land conveyed to William Bond
and wife, Mary Lou Bond by Deed recorded in Volume 6211, Page 640, Deed Records, Tarrant
County, Texas; �
THENCE South 00°21'S3" West along the West line of said Bond tract, and along the West
line of a tract of land conveyed to Barney Cupp by Deed recorded in Volume 7275, Page
1345, Deed Records, Tarrant County, Texas, a distance of 722.91 feet to a 2 inch iron pipe
� fence post found for corner;
THENCE South 00°30' 14" East continuing along the West line of said Cupp tract, a distance
of 156.41 feet to a 1/2 inch iron rod found for corner in the North line of said Hall
�-�` Johnson Road;
THENCE South 85°33'04" West, on the North line of said Hall Johnson Road, a distance of
671. 15 feet to the POINT OF BEGINNING and containing 25. 14 acres of land, more or less.
'���;�# � � �
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;` EXHIBIT "A" , PAGE 2 OF 2'� ,'
, ' TO JESSE HALL DEED "
, � RESTRICTIONS �
.. ,�}�r
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SURVEYOR�S CERTIFICATE
I hereby certify that on the twenty-fourth day of May, 1989, this survey was made on the
ground as per the field notes shown on this survey. and is true, rorrect, snd $ccurate :as
-to #he boundaries and area o� -the sub3ect property and as to other matters shown�hereon,
- that the area �or -�uantity of -the -subject property -as -set forth in the �survey is-eccurate
�;�,�
to the nearest �ne hundredth �iJ100) �f an acre, and �that this survey -�orrect�y--shows the
location of all visible easements and Rights-of-Way and of all Rights-of-Way, �asements,
and other matters af �ecord of �ahich I have knowledge or have been advised affecting :Lhe
subject property. - -
Except as shown on this survey, there are no encroachments upon the subject property by
improvements on adjacent property, there are no party walls with or encroachments upon
adjacent property, streets, or alleys by any improvements on the sub�ect property, and
there are no conflicts or protrusions.
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Paul S. Unzicker, P.S. No. 2207 M�N���NY���1�M��N��M
Paul S. Unzicker, I c. PAULS.UMLCKER
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Return to:
City of Grapevine
Attention Jodi Brown
P.O. Box 729
Grapevine, TX 76051
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DZ892 2t?98Q
CITY OF GRAP�VINE
P O BOK 72�
. GF2/aPEVIN�, TX 76C351
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S !! Z A tt! !'d E H E t�t D E R S O N -- COUtVTY CLERK:
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{-�!\iY f'!?OV�SI�N 4JHiCH RESTftICTS THE SALE f?�NTAL �f? US�
�F THE DESCRTSEC� REAL PF;OPEP.TY BECAUSE OF COLOR OR RACE
7S IN�JAI-ZD AN� UtVFORCEABLE UNDER F�L+�P,A� LAl.J_
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