HomeMy WebLinkAboutORD 1983-080 ORDINANCE NO. 83-80
AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COM-
PREHENSNE ZONING ORDINANCE OF THE CITY OF GRAPE-
VINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF
THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING
CHANGE ON A TRACT OF LAND DESCRIBED AS BEIldG � LQT,
TRACT, OR PA�,CEL O; LAND LYIP3G AND BEING SITUATED IPd
TARRANT COUIV'I'Y, TE��Au, BEIrdG A PAF..T GF TrIE �v�EL L.
HALLUM SU��,VEY, ABS�I�ACT T;L. 722, IN THE CITY OF
GRAPEVINE, TEXAS, NIORE FULLY AND COMPLETELY DE-
SCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM "PD"
PLANNED DEVELOPMENT ZONING DISTRICT UNDER ORDI-
NANCE NO. 70-10 FOR THE DEVELOPMENT OF APARTMENTS,
TOWNHOUSES, AND OFFICE/PROFESSIONAL BUILDING�, TO "S-
P" SITE PLAN ZONING DISTRICT UNDEi3. ORDINANCE NO. 82-73
FOR A SINGLE-FAMILY, DETACHED RESIDENTIAL NEIGHBOR-
HOOD, NOT TO EXCEED SIX (6) UNITS PER ACRE, ALL IN
ACCORDANCE WITH A 5ITE PLAN, AND PROVIDING CERTAIN
STIPULATIONS; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDI-
NANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND
GENERAL WELFARE DEMAND A ZONING CHANGE AND A-
MENDMENT THEREIN MADE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
UPON EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; AND DECLARING AN EMERGENCY
WHEREAS, applications were made to amend the Official Zoning Map,
City of Grapevine, Texas, by making applications for same with the Planning and
Zoning Commission of the Ci�y 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 beer. 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 e�ress
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 li�ht and air, the effect on the overcrowding of 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, Texas, Ordinance No. 70-10, being
the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same
being also known as Appendix "A" of the City Code of Grapevine, Texas, be, and
the same is hereby amended and changed in that the use of a tract of land out
of the Joel L. Hallum Survey, Abstract No. 722, in the City of Grapevine,
Tarrant County, Texas, more fully and completely described in Exhibit "A",
attached hereto and made a part hereof, which, in accordance with Compre-
hensive Zoning Ordinance No. 70-10 was previously zoned "PD" Planned
Development Zoning apartments, townhouses, and office/professional buildings is
hereby changed to "S-P" Site Plan Zoning District under Comprehensive Zoning
Ordinance No. 82-73 of the City of Grapevine, Texas, same being also known as
Appendix "D" of the City Code of Grapevine, Texas, for single family detached
dwellings pursuant to the following conditions:
A. It is hereby found by the City Council of the City of Grapevine,
Texas, and agreed to by the owner and developer of the subject property
that there are no present or contemplated unnecessary hardships in the
development of the property, and consequently, all lots shall be developed
in accordance with this ordinance and not pursuant to any variances or
exceptions that might otherwise be requested or granted and that the
owner and developer agree not to apply for any variances or exceptions
for the development of the subject property.
B. All development on the subject property shall be in accordance
with the site plan attached hereto as Exhibit "B" and made a part hereof
and subject to the following conditions and requirements:
(1) The maximum number of i�nits on the subject property shall
be 295 single-family detached dwellings.
(2) The number of units per acre on the subject property shall
not exceed six (6) units per acre.
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(3) All development shall comply with the requirements of R-
5.0 Zero lot line district regulations, as currently contained in
Ordinance No. 82-73, unless otherwise specifically delineated on
the face of the attached site plan or within the framework of this
Ordinance.
(4) No more than 30°�0 of the lots shall contain front and rear
yard setbacks less restrictive than the front and rear yard setbacks
contained in the R-5.0 zoning district. All other lots shall comply
with the R-5.0 front and rear yard setback requirements.
(5) None of the lots shall be developed inconsistent with the
side yard setback requirements provided in the R-5.0 Zero lot line
district regulations. All lots shall comply with the side yard
setback requirements contained in R-5.0 zero lot line districts.
(6) The minimum square footage of dwelling units shall be as
follows:
(a) 98 units shall contain at least 1250 square feet,
excluding the garage area;
(b) 98 units shall contain at least 1450 square feet,
excluding the garage area;
(c) 99 units shall contain at least 1650 square feet,
excluding the garage area.
(7) Development of the following described ten (10) lots, as
specifically shown on the face of the attached site plan, shall be
in full and complete compliance with all requirements of the R-7.5
Single-family district regulations:
Lot Number Block Number
42 1
1,2 5
30, 31 5
47 5
20, 21, 22 10
35 10
(8) Each dwelling unit on each lot on the subject property shall
be developed with a two (2) car garage.
(9) A seven (7) foot screening fence constructed with stained
cedar with offsets as specifically delineated on the site plan shall
be erected along the entire east property line. Landscaping shall
be provided along that portion of the seven foot screening fence
which is adjacent to Dove Loop Road in accordance with a
landscape plan approved by the City Manager prior to the issuance
of any building permit which plan shall show the location, type,
quantity and size of landscape plants, sprinkler or water systems,
and other landscape features. The screening fence and landscaping
shall be maintained in accordance with a Landscape Maintenance
Agreement approved by the City Manager prior to the issuance of
any building permit.
(10) A brick wall affixed with a brass name plate identifying the
subdivision shall be constructed at the south entrance to the
subdivision. Landscaping shall be provided along the entrance in
accordance with a landscape plan approved by the City Manager
prior to the issuance of any building permit which plan shall show
the location, type, quantity and size of landscape plants, sprinkler
or water systems, and other landscape features. The brick wall and
landscaping shall be maintained in accordance with a Landscape
Maintenance Agreement approved by the City Manager prior to the
issuance of any building permit.
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(11) Except at the south entrance, a six (6) foot solid, stockade
screening fence shall be erected along the south property line as is
specifically shown on the face of the attached site plan.
(12) All screening or fencing not specifically delineated by this
ordinance shall be constructed in compliance with applicable
regulations of the City.
(13) Each unit on each lot on the subject property shall be of
exterior fire resistant construction having at least eighty (80)
percent of the total exterior walls below the first floor plate line,
excluding doors and windows, constructed of brick, stone or other
masonry or material of equal characteristics in accordance with
the City's building code and fire prevention code.
(14) All of the subject property shall be developed with under-
ground utilities.
(15) The City's Master thoroughfare plan calls for the improve-
ment of Dove Loop Road as a four lane collector street, and
pursuant to Comprehensive Zoning Ordinance No. 82-73, the
Developer shall dedicate a twenty (20) foot strip of right-of-way
along the property line adjacent to Dove Loop Road and shall
construct or provide for the construction of one-half (1/2) of said
street and any improvements thereto in accordance with the City
of Grapevine, Texas, standards. Nothing contained in this
paragraph shall be construed to require dedication of property as a
condition of zoning but only as a condition precedent to the
issuance of a building permit and certificate of occupancy.
(16) Lots numbered 10 and 11, Block 8, as specifically noted on
the face of the attached site plan, are to be used solely for
recreational purposes pursuant to the stated intention of the owner
and developer to set aside said lots for use solely as public
recreational park facilities. In order to accomplish this intention,
the owner and developer have executed or have agreed to execute
a deed of conveyance to the City, in a form approved by the City,
and showing that the property is free and clear of all liens, taxes
and encumbrances, which deed shall specifically make provision for
the development and maintenance of the park or to place said
property in a homeowner's association, the form of which must be
approved by the City. The Developer has further agreed in a
separate Agreement to provide maintenance for the facility.
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; to provide adequate light and air; to prevent overcrowding of land, to
avoid undue concentration of population; to 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.
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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 one
thousand dollars ($1,000.00), 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. '�'he City of Grapevine, Texas,
likewise, shall have the power to enforce the provisions of this ordinance thorugh
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 City of Grapevine,
Texas, on this the 6th day of December , 19 83 .
� APPROVED:
Mayor, City of Grapevine, Texas
ATTEST: ,
City SecretaY v;, Cit of Grapevine, Texas
�SEAL] '
, ;���
, �
APPROVED AS TO FORM:
City Attorney, City of Grapevin e s
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EXHIBIT "A" TO
ORDINANCE NO. 83-80
FIELD NOTE DESCRIPTION
Being a tract of land situated in the City of Grapevine , Tarrant •
County , Texas ; and being part of the Joel L. Hallum Survey Abstract
No . 722 and also being that same tract of land as described in deed
from Mary Neal to J. S . Page � recorded in Volume 4912 Page 192 in
the Deed records of Tarrant County, Texas ; and being more particularly
described as follows :
BEGINNING at a point for corner in the West line of North Dove Road,
said point being the Southeast corner of said tract ;
THENCE South 88°44 ' 00" West a distance of 832 . 50 feet to an angle
point ;
THENCE South 87°19 ' 00" West a distance of 456 . 30 feet to a point for
corner ;
THENCE North O1°48 ' 00" jVest a distance of 848 . 60 feet to an angle point ;
THENCE North O1°40 ' 00" 1Yest a distance of 898 . 00 feet to a point for
corner;
THENCE South 89°34 ' 00" East a distance of 516 , 70 feet to an angle
point ;
THENCE North 89°2G ' 00" East a distance of 824 . 30 feet to a point for
corner in the westerly line of said North Dove Road;
THENCE South along the westerly line of North Dove Road a distance of
1710 . 20 feet to the POINT OF BEGINNING F Containing 51. 987 acresof
land, more or less .
�
EXHIBIT "B" TO
ORDINANCE NO. 83-80
(SITE PLAN)
SEE ORDINANCE BOOK NO. 34
SePtember ?.7, J_984
Mr. Jim Hancock
City P�fanager
City of Grapevine
P. O. Box 729
Grapevine, TX 76051
RE: Landscape Maintenance Agreement
Dove Crossing
�,���,5 Dear Mr. Hancock:
DEVELOPMENT The purpose of this letter is to serve a a L�ndscape.
COMPANY Maintenance Agreement in conjunction with the City of
c�rapevine 7oning Ordinance No. 83-80 . As per sections
9 and 10 the developer hereby agrees to maintain and
care for all landscaping plantings, fences and entry-
way features until such time as the last house is sold
in tfie nove CrossinR addition. At that time i.f. there
are any f_lower plantings, they will be replaced by the
developer with shrubbery that is hearty and slow grow-
inc�. TfiiS is in or_der that the City of Grapevine will
have low rnaintenance responsibilities at such time as
the maintenance of these areas is turned over to the
City as is customary for_ developments of this nature.
In order for this to serve as an agreement, please
execute in the signature block �rovided below on hoth
originals included lierein and ret�arn one executed coPy
in tfie enclosed stamped self-addressed envelope. Your
assistance and attention to,fithis matter is certainly
appreciated and should ��ou wish to visit regarding thi_s ,
nlease do not h.esitate to contact me,
Sincerely,
DOVE CROSSING DE�IELOPMEPIT (�OMPANY C:ITY OF GRAPEVINE
/,� . „�� �f��,.,iyy�J��2.��Ge;r>�.
O'�t o✓� ..f
Ronald P1. Hay es , Jr. � y Jim Fiancock . f H% ('u�
President City Manager
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