HomeMy WebLinkAboutORD 1988-088 ORDINANCE NO. 88-$$
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 G. W. MINTER SURVEY, ABSTRACT
,,�,,:,, NO. 1034 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" AND
"R-7.5" SINGLE-FAMILY DISTRICT REGULATIONS;
CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS, MORALS AND GENERAL WELFARE DEMAND
A ZONING CHANGE AND AMENDMENT THEREIN MADE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($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
�x .� 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, 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 G. W. Minter Survey,
Abstract No. 1034, 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" and "R-7 . 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 "B" , attached hereto and made a part hereof, shall be
governed by the Deed Restrictions in Exhibit "C" , 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 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 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 of the tract
or tracts of land described herein.
Section 7 . 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 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 C19 8 .OF
GRAPEVINE, TEXAS on this the 20th day of December �
APPROVED:
W? �
Mayor
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
� ,IX
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C��� _
City Attorney
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EXHIBIT "A" , PAGE 1
TO ORDINANCE NO. 88-88
FIELD NOTES
TRACT A NOV - � I���
"R-12 . 5" Single-Family D�strict! R�gulations
BEING a tract or parcel of land situated in the City of Grapevine, --Tarrant County, Texas;
and being part of the G.W. Minter Survey, Abstract Number 1034,___and_.being part of that
tract of land conveyed to Wesley Andrew Johnson by Deed recorded in Volume 6893, Page
�n,..,�, 1295, Deed Records, Tarrant County, Texas; and being part of that tract of land conveyed
to Roscoe E. Libecap and wife, Jeanne Libecap by Deed recorded in Volume 6176, Page 425,
Deed Records, Tarrant County, Texas; and being part of that tract of land conveyed to
Edwin D. Johnson and wife Emma Jean Johnson recorded in Volume 3631, Page 74, Deed
Records, Tarrant County, Texas; and being more particularly described as follows:
BEGINNING at a point for corner along the South line of said Wesley Andrew Johnson tract,
said point being North 89°46'S0" East a distance of 161.40 feet from the Southwest corner
of said Wesley Andrew Johnson tract, said point. also being the beginning of a curve to the
left whose chord bears North 06°22'45" West;
THENCE in a Northerly direction along said curve to the left having a central angle of
12°19' 10" a radius of 300 feet and an arc length of 64.51 feet to a point for corner at
the beginning of a curve to the right whose chord bears North 06°20'41" West;
THENCE in a Northerly direction along said curve to the right having a central angle of
12°23' 19" a radius of 300.00 feet and an arc length of 64.87 feet to a point for corner;
THENCE North 00°09'O1" West a distance of 244.55 feet to the beginning of a curve to the
right whose chord bears North 04°07' 12" East;
THENCE in a Northerly direction along said curve to the right having a central angle of
08°32'25", a radius of 1,200.00 feet, and an arc length of 178.87 feet to a point for
corner, said point being the beginning of a curve to the left whose chord bears North
04°07' 12" East;
THENCE in a Northerly direction along said curve to the left having a central angle of
08°32'25", a radius of 1,200.00 feet, and an arc length of 178.87 feet to a point for
` corner;
THENCE North 00°09'O1" West a distance of 552.35 feet to a point for corner along the
South line of Hall Johnson Road (variable width Right-of-Way) ;
THENCE North 89°26'24" East along the South line of said Hall Johnson Road and along the
North line of said Edwin D. Johnson Tract, a distance of 181.25 feet to a 1/2 inch iron
rod found for corner, said point being the Northeast corner of said Edwin D. Johnson
tract;
THENCE South 00°09'Ol" East along the East line of said Edwin D. Johnson tract passing the
Northwest corner of McConnell Place, an addition to the City of Grapevine, recorded in
Volume 388-166, Page 67, Plat Records, Tarrant County, Texas, at a distance of 16.79 feet,
and along the West line of said McConnell Place passing a 1" iron pipe found for the
Southwest corner of said McConnell Place also being the Northwest corner of that tract of
land conveyed to Carol Ann Ellis, recorded in Volume 8421, Page 1868, Deed Records,
Tarrant county, Texas, at a distance of 348.79 feet, and along the West line of said Ellis
tract passing a 1/2 inch iron rod found for the Southwest corner of said Ellis tract also
being the Northwest corner of that tract of land conveyed to Roy Donald Mahan and wife,
Debra Jeanne Mahan, recorded in Volume 6713, Page 1900, Deed Records, Tazrant County,
Texas, at a distance of 427.80 feet, and along the West line of said Mahan tract passing a
�`" 5/8 inch iron rod found for the Southwest corner of said Mahan tract also being the
Northwest corner of Irland Addition, an addition to the City of Grapevine, recorded in
Volume 388-189, Page 82, Plat Records, Tarrant County, Texas, at a distance of 628. 12
,�„_,� feet, and along the West line of said Irlan Addition in all a distance of 815.36 feet to a
1/2 inch iron rod found for corner, said point being in the North line of said Roscoe E. -
Libecap tract, said point being the Southwest corner of said Irland Addition;
EXHIBIT "A" , PAGE 3
TO ORDINANCE NO. 88-88
FIELD NOTES
TRACT B
"R-7 . 5" Single-Family District Regulations _
BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas;
and being part of the G.W. Minter Survey, Abstract Number 1034; and being part of that
tract of land conveyed to Edwin D. Johnson and wife, Emma Jean Johnson, recorded in Volume
� 3631, Page 74, 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 East line of Countryside East
�`°� Phase 2, an addition to the City of Grapevine recorded in Volume 388-167, Page 19, Plat
Records, Tarrant County, Texas, said point being the Southwest corner of said Edwin D.
Johnson tract and the Northwest corner of said Libecap tract;
THENCE North O1°05'O1" East along the East line of said Countryside East Phase Z passing
the Northeast corner of said Countryside East Phase 2 at a distance of 787.51 feet and
continuing in all a distance of 804.56 feet to a 1/2 inch iron rod found for corner in the
South line of Hall Johnson Road (variable width Right-of-Way) ;
THENCE North 89°26'24" East along the south line of said Hall Johnson Road, a distance of
147.05 feet to a 1/2 inch iron rod found for corner;
THENCE South 00°09'O1" East a distance of 552.35 feet to a point for corner, said point
being the beginning of a curve to the right whose chord bears South 04°07' 12" West;
THENCE in a Southerly direction along said curve to the right having a central angle of
08°32'25", a radius of 1,200.00 feet, and an arc length of 178.87 feet to a point for
corner, said point being the beginning of a curve to the left whose chord bears South .
06°30' 18" West;
THENCE in a Southerly direction along said curve to the left having a central angle of
03°46' 13", a radius of 1,200.00 feet, and an arc length of 78.96 feet to a point for
corner along the North line of a tract of land conveyed to Roscoe E. Libecap as recorded
in Volume 6176 Page 125 Deed Records, Dallas County, Texas;
�.� .�
THENCE North 88°43'08" West a distance of 141.96 feet along the North line of said Libecap
tract to the POINT OF BEGZI3NING and containing 2.83 acres more or less.
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ORDINANCE NO. 88-88
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� ORDINANCE NO. 88-8� "
. *
DECLARATION OF COVENANT , "
AND
DEED RESTRICTIONS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT
Stone Gate Phase Two Partnership, LTD. ( "Declarant" ) is
the owner in fee simple of certain real property consisting
of approximately 12 . 3 acres lacated in Tarrant County, Texas,
commonly known as Stone Gate Phase Two, being more
particularly described on Exhibit "A" attached hereto and
incorporated herein for all purposes (the "Property" or the
"Addition" ) .
Declarant desires to develop the Property in accordance
with the plan (the "Plan" ) attached hereto as Exhibit "A" and
incorporated herein for all purposes.
Declarant hereby covenants and agrees that Declarant,
and its successors and assigns, shall develop the 35 lots on
the Property in accordance with the general design and
configuration shown on the Plan, and does hereby impress the
Property with the following deed restrictions, to wit:
( 1) The lot sizes and widths for all lots developed on .
that 2 . 83 acre portion of the Property zoned R-7. 5
and being more particularly described on Exhibit
"'B" attached hereto and incorporated herein for all
purposes shall be as follows:
Minimum lot size 9 ,000 square feet Minimum lot
width 75 feet
all as specified on the Plan Exhibit "A" attached
hereto.
( 2) A preliminary and final plat of the Property shall
be submitted to the City Planning and Zoning Com-
mission and the City Council for approval which
shall comply with the specifications stated in
paragraph ( 1) above and which conform with the
general design and configuration shown on Exhibit
"A" attached hereto.
( 3 ) On the lots in the Addition which are designated A,
B, C, D and E on Exhibit "A" attached hereto, the
total area of the main residential structure, as
measured to the outside of exterior walls including
garages, but, exclusive of patios and detached
accessory buildings, shall be not less than two
thousand five hundred ( 2,500) square feet. On all
other lots in the Addition, the total area shall
not be less than two thousand ( 2, 000) square feet.
( 4) Declarant shall install a fence (the "Fence" ) for a
distance of approximately three hundred and thirty
feet ( 330 ' ) along the east property lines of the
lots designated A, B, C, D and E on Exhibit "A"
attached hereto. The Fence shall be at least seven
feet ( 7 ' ) in height, shall generally conform to the
specifications listed on Exhibit "C" attached
hereto, shall generally conform to the style of
fence to be constructed by Declarant for
approximately two hundred and seventy-five feet
( 275 ' ) along the Hall-Johnson right-of-way at the
intersection of Peach Tree Lane and Hall-Johnson
Road, except that no masonry columns shall be
required, and shall be constructed simultaneously
with the fence along the Hall-Johnson right-of-way.
`� ����3 t � � �
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The lot owners of each of these five lots
designated A, B, C, D and E shall have the
obligation to maintain and repair the Fence and to
keep the Fence in a neat and orderly condition.
Should any of the five lot owners ever replace any
portion of the Fence, said lot owner shall have the
obligation to replace the Fence with a new Fence
which has the same design specifications as the
Fence.
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.
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 Stone Gate Phase Two Partnership, LTD, its
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
f powers insofar as zoning of the Property is concerned.
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 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 !7 '� day of JA�NA�'�-y , 1989.
STONE GATE PHASE TWO PARTNERSHIP, LTD.
By: The David Bagwell Company, general
partner
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�eJe A. Fielcl, II
Chief Operating Officer
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- STATE OF TEXAS
COUNTY OF TARRANT �
This instrument was acknowledged before me on the /7��
day of JA�u,�Qv , 1989, by George A. Field, III as
Chief Operating Officer of David Bagwell Company, a Texas
corporation, on behalf of s ' d corporation.
_: � .<inc,� . 'D�'+�✓�
. Printed ame: JE EI�E o IN D
, . - Notary ublic, State of Texas
My Commission Expires:
�/3 l90
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