HomeMy WebLinkAboutORD 1988-030 I
ORDINANCE NO. 88-30
�
�
AN ORDINANCE AN�TDING ORDINANCE NO. 82-73,
Tf� COMPREHE�iSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAN1E BEING ALSO
I�TOWN AS APPIIVDIX "D" OF THE CITY CODE OF
� GRAPEVIlVE, TEXAS, GRANTING A ZONING CHANGE
� ON A TRACT OF LAND DESCRIBID AS BEING A
� LOT, TRACT, OR PARCEL OF I�AND LYING AND
i BEING SITUATID IN TARRANT COUN`I'Y, TEXAS,
BEING A PART OF THE E. R. RICHARDSON
��n:�
SURVEY, ABSTRACT NO. 1352 AND THE G. B.
I�IIGHT SURVEY, ABSTRACT NO. 898, IN 'I�iE
CITY OF GRAPEVINE, TEXAS, MORE FULLY AND
i COMPLEI�LY DFSCRIBID IN THE BODY OF THIS
� ORDINANCE; ORDERING A CHANGE IN Tf� USE OF
� SAID PROPERTY FR(�4 "R-20" SINGLE-FAMILY
DISTRICT REGULATIONS TO "R-12.5"
SINGLE-FANIILY DISTRICT REGULATIONS;
! CORRECTING THE OFFICIAL ZOIVING MAP;
PRESERVING ALL OTHII� PORTIONS OF THE ZONING
'; ORDINANCE; PROVIDING A CLAUSE RE;L�ATING TO
SEVER�IBILITY; DE'i�RMINING THAT THE PUBLIC
+ INTERESTS, MORALS AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AN�TDMEN'I'
TF�REIN MADE; PROVIDING A PENALTY NOT TO
EXCEID Tf� SUM OF TWO THOUSAND DOT,T,ARS
, ($2,0 00.0 0) AND A SEPARATE OFFEI�TSE SHAi�, BE
DF.F�"IElD COMNLITI'ID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS
WHERE',AS, applications were made to amend the Official Zoninq 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, T�as, 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,
; WHEREA.S, 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 i.�r�ediately 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 iirmediate 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,
�
� �_._:d
'� 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 pranotion 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,
Wf�REAS, 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 amenchnent, that the zoning
II� changes do not unreasonably invade the rights of those who bought or improved
property with reference to the classification which e.�cisted at the time their
original investrnent was made; and,
� i�If�RE�.S, the City Council of the City of Grapevine, Texas, does find that
� �::.,.�
; the change in zoning lessens the congestion in the streets, helps secure
i safety frcan fire, panic and other dangers; pranotes 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,
� Wf�REAS, the City Council of the City of Grapevine, Te�as, 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
i 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 co�nunity.
� NOW, THERg'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
� Section 1. That the City of Grapevine Ordinance No. 82-73, being the
� ` Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
'� also ]�awn 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 gart 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, how�ever, 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 canprehensive plan for the
� purpose of pranoting health, safety, mprals 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 fram 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, co�nercial needs and developnent of the co�nunity. 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 corianunity.
Section 5. This ordinance shall be ctunulative 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
dee�ned 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 suLmitted 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 conmission 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.
PASSID AND APPROVED BY TfiE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
on first reading on this the lg� day of �ril , 1988.
PASSID AND APPROVED BY THE CITY OOUNCIL OF THE CITY OF GF2APEVINE, TEXAS •
'��� on second reading on this the 3rd day of �y , 1988.
�
APPROVID:
Mayor _ __
AT'I'F�ST:
d�
City Secretary
APPRO�IID AS 'IO FORM AND LEGALITY:
- - ____ ,,_.
a� <� _
City Attorney
�
.4
EXHIBIT "A" TO
ORDINANCE NO. 88-30
� " . LEGAL DESCRIP'1'ION
' , t
. Being a 26.0720 acre tract of land in the F.R. Richardson Survey, Abstract
No. 1352 and the G.B. Knight Survey, P.bstract Pdo. 89II situateci in Tarrant
County, Texas and being a portion of that certain tract of land as describecl
in deed to Stone Company, Inc. as recordea in Volume 6756, Page 2340 of the
Deed Records of Tarrant County, Texas and being more particularly described
� as follows:
BEGINNING at a 1/2" iron pin found in the east line of Lot 12, Block � of
High Country Phase II, an `addition to the City of Grapevine as recordea in
' Volume 388-169, Page 8 of the Plat Records of Tarrant County, Texas ana also
being the northwest corner of that certain tract of land as described in
deed to J. Estill as recorc3ed in Volume 6661, Page 68 of the Deed Records of
Tarrant County, Texas and being in the west survey line of said E.R.
Richardson Survey;
THII�E North 289.09 feet to a 5/8" iron pin found at the northeast corner of
Lot 1, Block 5 of said High Country Phase II.
' �. -; THENCE S 83°27'07" W, 101.55 feet to a 5/8" iron pin founc3 at the north�aest
I
corner of said Lot 1, Block 5;
� "�'�� ZHFNCE N 27°47'07" W, 221.11 feet to a 5/8" iron pin found at the northeast
corner of Lot 5, �lock 5 of said Eiigh Country Phase II;
THIIVCE N 34°45'08" W, 143.04 feet to a 1/2" iron pin found at the northeast
corner of Lot 6, Block 5 of said High Country Phase II and being in the
southeasterly right-of-way line of Barberry Road (60' Right-Of-way) ;
i THENCE N 52°00 ' 00" V1, 60 .00 feet to a 1/2" iron pin found in the
( northwesterly right-of-way line of Barberry Road;
I THENCE N 38°00 '00" E, 432.50 feet to a 5/8" iron pin set at the POINT OF
CURVATURE of a circular curve haviny a central angle of 52°48'14" , a radius
of 500.00 feet and a chord bearing of N 64°24'07" E;
' THII�E along said curve in a northeasterly direction of 460.80 feet to a
5/8" iron pin set at the POID]T OF TANGE�ICY; "
� .
; THENCE S 89°11' 46" E, at 507 .44 feet passing a 5/8" iron pin set ar.c3
; continuing in ail 532.44 feet to the centerline of Parr Road (Right-0f-Way
� Varies) ;
i
! THENCE S 00°48'14" W along the centerline of Parr Road 1217.42 feet to a
point;
THENCE N 89°11'46" W, at 105.00 feet to a point;
�,..;.,
' THENCE N 72°50 '25" !n, 205.99 feet to an iron pipe found at the most C7
� northerly northeast corner of said Estill tract; �
O
! THENCE N 89°47'31" W along the north line of those certain tracts of lana as �
� described in deeds to J. Estill as recorc;ed in Volume 3346, Page 318 and
� Volune 6661, Page 68 of the Deed Fecoras of Tarrant County, Texas, 548.01
� feet to the POIrIT OF BEGINNIr3G anU containing 1,135,695 s uare f�et or `�
;' 26.0720 acres of land. � � � (�C�,� L, 'i� �
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EXHIBIT "B" TO
ORDINANCE NO. 88-30
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0933 � 0044 - � -.
\� �� EXHIBIT "C" TO
' , ORDINANCE NO. 88-30
' � + � DECS�2ATION OF COVF��IANT
� � .
1.� - DE�D RFSTRIGTIONS
�1
.\�
J � STATE OF T�AS � �� AT,T, N�T BY THF'.SE PRESIIQTS
COUI�TI'Y OF ZARFt�NT ) f 1.C�n W D
i��u�� •:b��s 7 u��sd�8a
Fred Joyce - Mary Myers F�terprises, Inc. Ccanganv (°�clarant") is the
• � owner in fee si�le of certain real property consisting of approximately
26.070 acres located in Tarrant County, Texas, catunonly known as High
, ._� ��� - Phase III, being mpre particularly described on Exhibit ��A��
attached hereto and incorporated herein for all purposes (the "Property"1 .
Declarant desires to develop the Property in accordance with the
proposed final plat (the "Plat") attached hereto as �hibit "B" and
incorporated herein for all purposes.
Declarant shall st�it F�hibit "B" to the City Planning and Zoning
Ccmnission and the City Council for approval. In the event that the City
Planning and Zoning Conmission and the City Council approves a final plat
� of Declarant other than the one su�anitted as the attached F�chibit "B",
�' the final plat as approved by the City Planning and Zoning Ccxmtission and
' the City Council shall be substituted for the attached �hibit "B", and
�, ,
i the Property shall be developed in accordance with said approved final plat.
! � � Declarant hereby covenants and agrees that Declarant, and its
successors and assigns, shall develop and hereby deed restricts all lots on
the Property i-n accordance with th+e general design and configuration shawn
on the attached �hibit "B".
Upon a written request being sukanitted by Declarant to the City's
i
Director of Comrnuiity Development, the City of Grapevine agrees to confirm
in writing whether the Property has been developed in campliance with the
�t above-stated restzictions. "
�I
'These restrictions shall continue in full force and effect until all
' have received building pezmits and the
( lots located within the Property
'� , .� final building inspections of all residential structures have been
; conq�leted on all of the said lots.
_� � These restrictions shall not be altered, amended or tezminated without
a public hearing before the City Planning and Zoning Ccmmission and the
; City Council of the City of Grapevine. The public hearing requirement
� contained herein shall not be required to amend the attached �hi.bit "B",
i provided the changes do not alter the n�ber of lots or any of the lot
I� � �
� ; c�-y�1
, ,�'1
v '
Ii OF COVIIJANT
� D� ���I�S - pA� 10933 � � 040
DEQ�ARATZON
, EXHIBIT "C" TO
, .. . ,
� ORDINANCE NO. 88-30
dimensions, or are for the sole purpose of correcting a scrivener's error
on said attached Exhibit "B" .
Notice of such public hearings shall be given as w�uld 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 any applicant for an alteration, amendment or
� te�mination of these restrictions, must sign a doctunent to be filed in the q _
Deed Records of Tarrant County, Texas, approving the alteration, amenc�nt
or termination of these Declaration of Covenants and Deed Restrictions.
The restrictions contai.ned 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.
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 entity, person or persons violating or
att�npting to violate such restrictions, either to prevent them fram so
doing and 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 descril�d herein are fully c�lied with.
These restrictions are hereby declared to be covenants running with the
land and shall be fully binding upon all persons acquiring property withi.n
! the above descri.bed tract, as outlined in the attached �hibit "B" 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.
Declarant shall be entitled to in�ose additional written restrictive
covenants on the Property so lang as said covenants do no conflict with
the restrictions described herein. � � , �,�,/�
� , � C)" '
DEQ�FtATION OF C}OVII�IVT AND DEID RFSTRICTIONS - PAC��9 3 3 b U � t} (
EXHIBIT "C" TO
v
� ORDINANCE NO. 88-30
F�C'CtTED as of thisal5-E day of ���,X , 1988.
G
FRID JOYCE - MARY NIYERS
ENTEFtPRISES, INC.
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�� Myers
Title: V� , /4`i'� �c �-a�
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STATE OF TEX1�S )
)
CpLTI�I'Y OF ZI�RRANT )
(
�S instnu�nt was aclmowledge before me on the �I 6� �Y
of � , 19 8 8, by Fred Joyce and �rY MY�s
as :2 a of Fred Joyce - �rY MY�'S
�terprises, Inc., known to me to be the person whose names are subscribed
�:, .
to the foregoing instnunent, and aclmawledge to me that theY are authorized
tA execute the agreement on behalf of Fred Joyce - Ma.ry Myers Enterprises,
Inc. and that the same was executed for the purposes and consideration
therein expressed.
' -
GERRIE TAYLO.R NOTARY PUBLIC ��P r�P`e�r � '" ^
IN AND FOR THE STATE OF TEXAS � ��� ; N�� � -'L'LCz �� �L C�"i-�
� MY COMMISSION EXPIRES 8/19/90 �i,t�<l�+P j ��y�
� ^F OF tE''., NO'raY�J t"1LL1�1C� State of �exas
'+.....�.+ ^—l
i My Camnission Expires:
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` DEEp RESTRICrIONS - PAGE 3 0 9 3 3 0 � 0 �} 2
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DE,CLI�2ATION OF COVFNANr AN�
EXHIBIT "C" TO
ORDINANCE NO. 88-30
�.
Exhibit ��A��
� � LEGAL DESCRIPTION
. . • �
Being a 26.0720 acre tract of land in the E.R. Richardson Survey, Abstract
No. 1352 and the G.B. Knight Survey, Pbstract P1o. 89f3 situate� in Tarrant
County, Texas and being a portion of that certain tract of land as describecl
in deed to Stone Conrpany, Inc. as rccordea in Volurae 6756, Page 2340 of the
', Deed Recoras of Tarrant County, Texas and being more particularly describeci
�� as follows:
BEGINNING at a 1/2" iron pin found in the east line of Lot 12, Block 4 of
High Country Phase II, an addition to the City of Grapevine as recorded in
Volume 388-169, Page 8 of the Plat Records of Tarrant County, Texas ana also
bei.ng the northwest corner of that certain tract of land as described in
deed to J. Estill as recorc3ed in Volume 66G1, Page 68 of the Deed Records of
Tarrant County, Texas and being in the west survey line of said E.R.
Richardson Survey;
' THE�ICE North 289.09 feet to a 5/8" iron pin found at the northeast corner of
Lot l, Block 5 of said High Country Phase II.
' THENCE S 83°27'07" W, 101.55 feet to a 5/8" iron pin founci at the northwest �,
' corner of said Lot 1, Block 5;
ZHENCE N 27°47'07" W, 221.11 feet to a 5/8" iron pin found at the northeast �
corner of Lot 5, �lock 5 of said E:igh Country Phase II;
THII�ICE N 34°45'08" W, 143.04 feet to a 1/2" iron pin found at the northeast
corner of Lot 6, Block 5 of said High Country Phase II and being in the
southeasterly right-of-way line of Barberry Road (60' Right-Of-Way) ;
' THENCE N 52°00 ' 00" V;, 60 .00 feet to a 1/2" iron pin found in the
' northwesterly right-of-way line of Barberry Road;
THENCE N 38°00 '00" E, 432.50 f eet to a 5/8" iron pin set at the POINT OF
CURVATURE of a circular curve haviny a central angle of 52°48'14" , a radius
of 500.00 feet and a chord bearing of N 64°24'07" E;
THENCE along saia curve i.n a northeasterly ciirection of 460.80 feet to a
I 5/8" iron pin set at the POIA]T OF TAI�TGENCY; '
I THENCE � 89°11'46" E, at 507 .4�3 feet passing a 5/8" iron pir_ set anc3
�I continuing in all 532.44 feet to the centerline of Parr Road (Right-0f-Way
II Varies);
I THENCE S 00°48'14" W along the centerline of Parr Road 1217.42 feet to a
�
point;
THENCE N 89°11'46" W, at 105.00 feet to a point;
THENCE N 72°50 '25" V�, 205.99 feet to an iron pipe founci at the most �
. ', northerly northeast corner of said Estill tract; �
O
THIIJCE N 89°47'31" W along the north line of those certain tracts of lana as �
described in deeds to J. Estill as recorc;ed in Volume 3346, Page 318 and
' Volur,e 6661, Page 68 of tl�e Deed Recoras of Tarrant County, Texas, 548.01
, feet to the POIrIT OF BEGINNIrIG anG containing 1,135,695 s uare f�et or ��
' 26.0720 acres of land. �n � = �� ^''�
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EXHIBIT "C" TO
ORDINANCE NO. 88-30
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EXHIBIT "C" TO
ORDINANCE NO. 88-30
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Return to: City of Grapevine
Attention Jodi Brown
P.O. Box 729
Grapevine, TX 76051
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