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HomeMy WebLinkAboutItem 16 - Z02-02 RiverwalkSTEM 0 � / � --- MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: APRIL 16, 2002 SUBJECT: ZONE CHANGE REQUEST Z02-02 RECOMMENDATION: Staff recommends Council consider approval of the second reading of Zone Change Request Z02-02 and take any other action necessary. BACKGROUND: Council considered and approved on the first reading of an ordinance a request by Mr. Jerry Stone to rezone approximately 71 acres from "PID" Planned Industrial Development District to "R -MF -1" Multifamily District for the development of a 600 -unit apartment complex. As a part of the zone change request, Mr. Stone voluntarily submitted deed restrictions to demonstrate to Council his intentions to develop a project that is similar in scope to his other apartment projects in the immediate vicinity. The deed restrictions have subsequently been revised per Councilperson Spencer's comments (removal of "sunset clause"). Additionally, revisions to the zoning ordinance necessary for Mr. Stone to develop the property will be considered during the joint public hearing process of this meeting. Assuming a positive outcome relative to the zoning ordinance amendment, all conditions necessary for approval on the second reading of an ordinance for Zone Change Request Z02-02 have been met. /rs 0:\ZCU\Z02-02.41 April 10, 2002 (10:26AM) g 11 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration') is made as of this day of , 2002, by the CITY OF GRAPEVINE, a Texas Home Rule City located principally in Tarrant County, Texas ("City'), and Wallcon Equities, Ltd., whose principal address is 5500 Preston Road, Suite 220, Dallas, TX 75205 ("Owner'). WHEREAS, Owner is the owner of certain real property located in Tarrant County, Texas, more particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes, also known as 3900 Grapevine Mills Parkway, Grapevine, Texas 76051 (the "Property'); WHEREAS, the Owner has agreed to impose certain restrictions upon the Property which restrictions will be enforceable by the Owner and the City against any owner or subsequent purchaser of the Property; Now, THEREFORE, the Owner declares that the Property is and shall be held, transferred, sold, conveyed, and occupied subject to the covenants hereinafter set forth. Limitations and Restrictions as to Use — The Property shall be renovated and redeveloped in accordance with and in compliance with the following: (a) Architectural style similar to that of the existing multi -family project located at 3701 Grapevine Mills Parkway, Grapevine, Texas 76051, which elevations are attached hereto as Exhibit "B"; (b) The total number of multi -family units on the Property will not exceed 600; (c) At least 60% of the multi -family units will have in-line garages with direct access to and from the multi -family unit; (d) The average unit size for the multi -family units on the Property will be at least 950 square feet; and (e) The Property will contain park and lake areas similar to those included in the submittal to the City dated February 4, 2002 and attached hereto as Exhibit "C". 2. Issuance of a Building; Permit. The issuance of a building permit by the City for improvements on the Property will be confirmation that the improvements contemplated by the building permit are in compliance with this Declaration. 3. Issuance of a Certificate of Occupancy. The issuance of a certificate of occupancy by the City for improvements on the Property will be confirmation that the improvements on the Property at the time of the issuance of the certificate of occupancy are in compliance with this Declaration. DECLARATION OF RESTRICTIVE COVENANTS PAGE I 4. Amendments — This Declaration may be amended only pursuant to a written amendment executed by City and the then current owner of the Property and recorded in the Deed Records of Tarrant County, Texas. Enforcement — The City shall have the right (but not the duty) to enforce the provisions of this Declaration. Enforcement shall be by any proceeding at law or in equity against any person or persons violating or attempting to violate any part of the Declaration, either to restrain violation or to recover damages. Failure by the City to enforce any provision of the Declaration shall in no event be deemed a waiver of the right to do so thereafter. With respect to any litigation hereunder, the prevailing party shall be entitled to recover court costs and reasonable attorneys' fees from the non -prevailing party. 6. Severability — Invalidation of any one or more of the covenants, conditions and restrictions contained herein, or any portion thereof, by a judgment or court order shall not affect any of the other provisions herein contained, which shall remain in full force and effect. In the event any provision of the instrument requires an act that would violate any law, ordinance or regulation promulgated by a governmental body having jurisdiction, then the actions so required herein shall be excused and such law, ordinance or regulation shall control. 7. Interpretation — The section headings appearing in this instrument are for convenience of reference only and are not intended, to any extent and for any purpose, to limit or define the text of any section hereof. Nothing herein, in any manner, shall preclude the City from exercising it's police power, including the zoning and rezoning of the Property. DECLARATION OF RESTRICTIVE COVENANTS PAGE 2 m EXECUTED as of the date above written. City Secretary Linda Huff City Attorney John F. Boyle, Jr. CITY OF GRAPEVINE Roger Nelson, City Manager AGREED TO BY OWNER Owner DECLARATION OF RESTRICTIVE COVENANTS PAGE 3 STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, on this day personally appeared Roger Nelson, City Manager, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2002. Notary Public in and for the State of Texas My Commission Expires: STATE OF TEXAS BEFORE ME, on this day personally appeared Owner, known to me (or proved to me on the oath of card or other document) to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this day of , 2002. Notary Public in and for the State of Texas My Commission Expires: DALLAS 5891623 3016.89 DECLARATION OF RESTRICTIVE COVENANTS PAGE 4 " Exhibit A " PROPERTY DESCRIPTION �r BEING a 67.5661 acre tract of land situated in the J.M. Baker Survey, Abstract No. 167, Tarrant County, and in the City of Grapevine, Texas, said tract being a portion of that tract conveyed to Ray Wallace from C.K. Simmons and Irene Simmons, in Volume 568, Page 195, and Volume 4575, Page 100, Deed Records, Tarrant County, Testas, and all of that tract conveyed to said Ray Wallace from Mary Flake in Volume 4880, Page 601., Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found for corner in the easterly Line of F.M. 2499 (1.60' R.O.W. at this poLnt), said corner being the southwest corner of said tract conveyed to Ray Wallace from Mary Flake and also being in a northerly line of a tract conveyed to H.A. Grapevine Joint venture by deed recorded in Volume 11635, Page 2042, Deed Records, Tarrant Count°t, Texas, said corner also being the beginning of a curve to the left having a central angle of 45018138", a radius of 3330.00 feet and a chord bearixxg and distance of M26050'45'W, 2565.34 feet; THENCE departing said northerly line and along said easterly line of F.M. 2499 and with said curve to the left an arc distance of 2633.43 feet to a 5/8' iron rod found for corner in the co=cn line between the aforementioned City of Grapevine, Texas, and the Town of Flower Mound, said corner also being in the county luxe between the aforementioned Tarrant County and Denton County; THENCE S87029130'E, departing said easterly line and along said common line and county line, a distance of 2280.43 feet to a 5/8" iron rod found for cornea; THENCE S06024151"E, departing said common line and county line, a distance of 958.09 feet to a 5/8' iron rod found for corner inside a 2" iron pipe found said corner being a. reentrant corner of a tract coriveyed to Robert S. Beall in Volume 12393, Page 1397, Deed Records, Tarrant County, Texas; THENCE S87138'52"W, along a north line of said Beall tract, a distance of 494.54 feet to a 5/8' iron rod found for corner at an ell corner of said Beall tract;. TH=CE S00059'47"W, along a west line of said Beall tract, a distance of 1258.85 feet to a point for corner in a northerly line of the aforementioned H/A Grapevine Joint Venture tract; THENCE S670391290W, along said northerly line, a distance of 205.82 feet to a point for corner; THENCE N76059'31"W, continuing along said northerly line, a distance of 534.12 feet to the POINT OF BEG1;=NG and containing 2,943,1.79 square feet or 67.5661 acres of land, more or less. _ ,, r27It Mai •. '' , t c� ,tom ► �Y`f 'M�b�F �T 1 +" 4py; a ,s i•"'yt.•ti. a - 7� t �! d t! Y,ay,,. "E5, F31 yF 3' t� �T ;gym t�'t mi NV `.i -`u- �,r_— �1 tri/. +tF•Ee.. \ "*��F$� L, .�+w.:L..a;d r3 "s Y ti :ti 9 l "'thy y I 1yr9 t jt- NT �• 9 aI .'bta ^it X14' "'Z�� r., • t N� 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 ZONING CHANGE Z02-02 ON A TRACT OF LAND OUT OF THE J.M. BAKER SURVEY, ABSTRACT NO. 167, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "R -MF -1" MULTIFAMILY 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 AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas after 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 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, the 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 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: ORD. NO. 2 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 by Zoning Application Z02-02 to rezone the following described property to -wit: being approximately 71 acres out of the J.M. Baker Survey, Abstract No. 167, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District is hereby changed to "R -MF -1" Multifamily District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. 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 ordinances 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 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. ORD. NO. 3 INS Section 7. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. The fact that the present ordinances 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 first reading on this the 19th day of March, 2002. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 16th day of April, 2002. UNINVISIn"s ATTEST: 0250• � �96 'kj ORD. NO. 4 C:\W1ND0WS\TEMP\PR0PERTY DESCRIPTIOLdoc PROPERTY DESCRIPTION BEING a 70.9155 acre tract of land situated in the J.M. Baker Survey, Abstract No. 167, Tarrant County, and in the City of Grapevine, Texas, said tract being a portion of that tract conveyed to Ray Wallace from C.K. Simmons and Irene Simmons, in volume 568, Page 195, and Volume 4575, Page 100, Deed Records, Tarrant County, Texas, and all of that tract conveyed to said Ray Wallace from Mary Flake in Volume 4880, Page 601, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 5/8" iron rod found for corner in the easterly line of F.M. 2499 (1601 R.O.W. at this point), said corner being the southwest corner of said tract conveyed to Ray Wallace from Mary Flake and also being in a northerly line of a tract conveyed to H.A. Grapevine Joint Venture by deed recorded in Volume 11635, Page 2042, Deed Records, Tarrant County, Texas, said corner also being the beginning of a curve to the left having a central angle of 45037106", a radius of 3330.00 feet and a chord bearing and distance of N26059'59"W, 2581.84 feet; THENCE departing said northerly line and along said easterly line of F.M. 2499 and with said curve to the left an arc distance of 2651.31 feet to a 5/811 iron rod found for corner in the common line between the aforementioned City of Grapevine, Texas, and the Town of Flower Mound, said corner also being in the county line between the aforementioned Tarrant County and Denton County; THENCE S8702913011E, departing said easterly line and along said common line and county line, a distance of 2280.43 feet to a 5/811 iron rod found for corner; THENCE S0602415111E, departing said common line and county line, a distance of 958.09 feet to a 2" iron pipe found for corner; THENCE S6056108"E, a distance of 118.87 feet to a 5/811 iron rod found for corner inside a 2" iron pipe found said corner being a reentrant corner of a tract conveyed to Robert S. Beall in Volume 12393, Page 1397, Deed Records, Tarrant County, Texas; THENCE S8703815211W, along a north line of said Beall tract, a distance of 494.54 feet to a 5/8" iron rod found for corner at an ell corner of said Beall tract; THENCE S00059147"W, along a west line of said Beall tract, a distance of 1258.85 feet to a point for corner in a northerly line of the aforementioned H/A Grapevine Joint Venture tract; THENCE S6703912911W, along said northerly line, a distance of 205.82 feet to a point for corner; THENCE N7605913111W, continuing along said northerly line, a distance of 534.12 feet to the POINT OF BEGINNING and containing 3,089,078 square feet or 70.9155 acres of land, more or less. CAWINDOWS\TEMPTROPERTY DESCRIPTIOLdoc RIVERWALK APARTMENT PROJECT GRAPEVINE, TEXAS DUKE, INC. MARCH, 2002 NATHAN D. MAZER N D�\ / I CONSULTING ENGINEERS, INC. Dallas, Texas (214) 739.4741 RIVERWALK APARTMENT PROJECT rl Introduction The Riverwalk Apartment is a 600 unit upscale apartment project to be constructed along Denton Creek and FM 2499 in far north Grapevine. The project will feature a significant amenity and landscaping package including water features, trails, and an activity area. Construction will be similar to the recently completed Silver Oaks Apartment project on the west side of FM 2499. This property is currently zoned PID and is largely in the 100 year flood plain. The development plan includes rezoning the property to R -MF -1 and reclaiming approximately 27 acres from the flood plain. Project Description The tract is bounded by the City of Flower Mound along the north, Denton Creek along the south, and FM 2499 along the west. To reclaim any of this property from the floodplain will require a permit from the City of Grapevine, a 404 permit from the Corps of Engineers, and a Conditional Letter of Map Revision from FEMA. A preliminary analysis indicates that about 27 acres may be reclaimed once these permits are obtained. The proposed entrance to the Riverwalk Project will include a bridge -class box culvert of sufficient size to accommodate storm water passage. The aesthetic treatment of the bridge structure will be enhanced by the design of an excavated lake in conjunction with the storm water detention areas. The proposed excavated lakes will generally conform to the conceptual plan prepared by the landscape architect. Slide Presentation Outline 1. Site Location This slide shows the site and its proximity to the Silver Oaks Apartments and to Grapevine Mills Mall. 2. Site Boundary This slide shows the site boundary and how it fits in the natural environment. 3. FEMA Floodplain This slide shows the FEMA floodplain. 4. Ultimate City of Grapevine Floodplain This slide shows the larger City of Grapevine ultimate floodplain. 5. Floodplain Reclamation Engineering Plan This slide shows the reclamation plan with the pond and fill for the building site from an engineering standpoint. March 19, 2002 Riverwalk Apartment Project C0i 7. Concept Plan Page 2 This slide shows the site plan as depicted by the landscape architect. The landscape plan shows water features, trail, overlook area, activity area, and tree preservation within the area excavated for storm water detention. It also shows the building layout, parking, landscaping, and entry features. Elevation View of Silver Oaks Apartments This slide shows the River Oaks Apartments on the west side of FM 2499 and south of the Riverwalk project. Riverwalk will be constructed in a similar fashion. March 19, 2002 OEM$ tv M.. Cc OEM$ 0 f A ,^'�.' �' "-^"� �,,,. ,i t�LA _gam • �* 1 •� ,�.,..;: �• it f c J 5 LJ r.. 'Ltd JAY O N .t .lie 00 z.. 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