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HomeMy WebLinkAboutORD 1995-064 ORDINANCE NO. 95-64 w, -.,. AN ORDINANCE AMENDING ORDINANCE N0. 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 Z95-09 ON A TRACT OF LAND 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 DEED RESTRICTIONS OF ZONING APPLICATION Z95-03, (APPROVED BY ORDINANCE NO. 95-54), AND MAINTAINING THE USE OF SAID PROPERTY AS "R-12.5" SINGLE FAMILY DISTRICT REGULATIONS; 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 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: N0. 95-64 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 Z95-09 to amend the deed restrictions approved by Z95-03 (Ordinance No. 95-54) and to maintain the use of the following described property to wit: Being a 4.846 acre tract of land out of the J. W. Haynes Survey, Abstract No. A-788, Tarrant County, Texas, (3056 Hall- Johnson Road), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, as "R-12.5" Single Family District Regulations. Provided, however, that the property described in Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "B", 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 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. N0. 95-64 3 ��� 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 (52,000.00) 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 this the 15th day of August , 1995. APPROVED: �. , �_ William D. Tate �_ .. Mayor ATTEST: � i Linda Huff �I City Secretary i APPROVED AS TO FORM: r`�,.,,,..�-•-_e.� I / �1 "1 �.�i � John F. Boyle, Jr. City Attorney �+ ORD. NO. g5-64 4 �. z...q5-o � � T� �?��� G�S-G� _ �XHfBI i � Page _= of .......--.r-- TRACT OF LAND I f ^ � IN TFiE I ,7. W. HAYNES SURVEY, A-788 TARRANI' COiJNTY, 'I'EXAS The folloWing described tract or �arcel of land situated in the J,W. Haynes Survey, A-788, Tarcant County, 'Pf'-�� and � �,lon portion of a 1 .47 acre tract as recorded on Page 1345, a �o of a 2.014 acre tract as recorded on Page 113 of Volume 10761 , a portion of a 1 .4 acre tract as rec.,orded on Page 294 of volume 10514, and also being a portion of a 10.0 acre tract as recorded on page 583 of Volume 2893 in the Tarrant County Deed Records and being more particularly described as follovs: gEGINNING at a found 1/2 inch iron rod at the Southeast corner of Lot 38, Block 2, GREENBRIAR ESTATES, an addition to the City of Grapevine, Tarrant County, 'Pexas accordin.3 to the plat recorded on Slid� 18Q of Cabinet A in the Tarrant County Plat Records and being in the North line of Hall Johnson Road; THENCE N lo �g� 22�� W alon� the East line of said GREENBRIAR ESTATES a distance of 138.28 Eeet to a set 5/8 inch iron rod; � �IHFNCE N 0° 18' 48" W alo�g the East line of said GREENBRIAR ESTATES a distance of 382. 15 Eeet to a set 5/8 inch iron rod; THENCE N 88° 30' 40" E a distance of 406.35 feet to a set S/8 inch iron rod at the Northvest corner of a tract as conveyed to Pat K. Rizos by deed recorded on Page 284 of Volume 7229 in the Tarrant County D�ed Records; THETICE S 0° 14' 35" E, at a distance of 106.39 feet a found � 1/2 inch iron rod at the Northwest corner of a tract as conveyed to Henry D. !�lcCollum, et ux Ha�el rC. Mc.'Collum by deed recorded I on Page 450 of volume 3552 i� the Tarrant County Deed Records, a � total distance of 237.79 feet to a found i/2 inch iron rod at � the Northwest corner of Lot 1 , HAYNES SUBDIVISIOo- �lat recorded of Grapevine, `I`arrant County, I`exas accordin� � on Page 2 of Volume 388-169 in the Tarrant County Plat Records; 1 'IHENCE S 0° 10' S0" E alon� the west line of said HAYNES � , , SUBDIVISION a distance of 282.73 feet to a set 5/8 inch iron rod I and being in tne North line oE said Hall Johnson Road; THENCE 5 88° 31 ' OS" W along the North Line of said Hall � I '"�' Johnson Road a distance of 403.38 feet to place of be�ir.nin3, i containing 4.846 acres or ?11 , 105 square feet of land. i � � �According to the clood Insurance Rate Map for Tacrant County and Incor�orated Areas, Community # 480598, Panel � 55 �, I dated 1-05-93, subject property does not lie vithin a ;00-year ! flood hazard area. Subject property lies Wit!:in Zone "X" . ! ; � � . EXNIBIT= TO �',�`�-,���"�`f. ,�• , ' Pa�e � of �_ J. DECLARATION OF COVENANT AND DEED RESTRICTIONS a, THE STATE OF TEXAS COUNTY OF TARRANT Know all men by these presents M.M.D.A. Partnership, LTD. ("DECLARANT") is owner in fee simple of certain real property consisting of approximately 4.86 acres located in Tarrant County, Texas. Being more particularly described on Exhibit "A" attached hereto and incorporated herein for all purposes (the "PROPERTY" or the "ADDITION"). Declarant hereby covenants and agrees that Declarant, and its Successors and Assigns, shall develop the property, with the following deed restrictions, to wit: (1) Distribution circuit lines (as defined by T.U. Electric) gas, cable T.V. and telephone lines shall be installed underground. Distribution feeder lines (as defined by T.U. ; Electric) and all existing lines not associated with development of property may remain � above ground. Distribution circuit lines are lines rated at 125 amps o� less, distribution feeder lines are lines rated at 126 amps or more. (2) Minimum of 2500 square foot of total air conditioned living area of main residential structures as measured to the outside of the exterior walls, but exclusive of open porches, garages, patios and detached accessory buildings. (3) Each residence shall have a detached or attached garage suitable for parking not �, less than two (2) or more than three (3) standard size automobiles which conforms ._ in design and materials with the main structure. -�' c� (4) Any vehicular access door or opening of any garage shall face perpendicular to the platted front yard setback line. N t� (5) No railroad tie or wood timber retaining walls shall be visible from public street. N -,, ,. . � � � �� ; , , (6) Minimum lot size refer to Exhibit "A". F, , ' - ' �..� >- � ; � (7) Minimum lot width of 100 feet, except for cul-de-sacs. Cul-de-sac lots`sihall ;4e,�� �" minimum of 80 feet wide at the 35 foot building line. Refer to Exhibit "A". � �. , O:\ZCU\DEEDRES.PA 1 � �,.-�-- �c�.�"�°' • � EXHIBIT� T0�'��-/J=�� � Page _______.. of __._—'^ . � � (8) The total exterior vertical wall area of each dwelling exclusive of doors and � ' windows shall be at least 75% brick, masonry, or stone. (9) A structural masonry brick screening wall shall extend across the entire south side of the property adjacent to Hall Johnson Road. This wall shall match the Greenbriar Estates screening wall in height and color of brick. (10) The developer shall file with Tarrant County the "covenants, conditions and restrictions" to establish a Homeowner's Association for the Birdsong Subdivision prior to final acceptance of Subdivision by the City of Grapevine. Upon a written request being submitted by the Declarant to the City's Director of Development Services, the City of Grapevine agrees to confirm in writing whether the property has been developed in compliance with the above-stated restrictions. These restrictions shall not be altered, amended or terminated without a public hea�ing 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 City Council of the City of Grapevine, Texas and M.M.D.A. Partnership, LTD., Successors or Assigns, must sign the 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. These restrictions contained herein are not in any manner intended to restrict � ' the right of City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of property is concerned, nor are they intended to restrict the right of the Declarant to additional restrictions on the property as long as the additional restrictions do not contradict this Declaration of Covenant and Deed Restrictions. These Covenants are perpetual unless canceled or modified by mutual agreement of the parties. These restrictions inure to benefit the City of Grapevine, and the City of Grapevine does hereby reserve the right to prosecute, at law and 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 the title to any of the property shall �. thereby agree and covenant to abide by and fully perform the foregoing restrictions o , ° � and covenants. cai � �. �� — N O:1ZCU\DEEDRES.PA � 2 �� _ z . -��6_7n' � . . EXH(BIT� TO G� `��,-�� Page � o# �r. EXECUTED on this th /���- day of ��": , 1995. M.M.D.A. t rship, LT . gy* �'�'�-= Ali Pirouz Chief Operating Officer STATE OF TEXAS COUNTY OF��'���� This instrument was acknowledged before me on the i�Z�day of t,s� - , 1995, by Ali Pirouz, Chief Operating Officer of M.M.D.A. Partnership, LTD. a Texas corporation, on behalf of said corporation. "l - __ >,��C,,,t �. -� ,��/�lC<i'2'�.... �''C Notar s*aY.P�a TERESA E. WALLACE o��� •�. :' ° Notary Public �, N 1 . ��� STATE OF TEXAS \..... .�+ 'T,,�;,,� My Comm. Exp. 12t0E19� � ��•-°° EXECUTED on this the �' day of , 1995. The City of apevine, Texas BY � Trent Petty, C y Manager STATE OF TEXAS COUNTY OF � This instrument was acknowledged before me on the�ZD�day of , 1995, by Trent Petty, City Manager for the City of Grapevine. � zxxxxxxxxxxzxxxxxxxxxxzxxxxxxxxzxxixxxxzzx;.zxx�za ,,,� z X ;�`'"'°<�, CHARLY BERRY x � x i � • NOTARY PUBLIC — TEXAS X Notary Pu �c Signature x « : M`! COMMISSION EXPIRES z z J+,,�c c,,•,,``+ JULY 17. 1999 X CV x �,,,7 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxr,xxY , , N O:1ZCU\DEEDRES.PA 3 I �-�_:�..,�����'° � EXHIBIT� TO ��- �S� �`� , � Page — `� of'd` n � �"' `" D195147153 CITY GR INE P 104 ARKS GRAP E, TX 76099 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C 0 U N T Y T E X A S S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK 0 F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 195270001 DR92 T000224 08/18/95 14 :42 �.:,µ INSTRUMENT FEECD INDEXED TIME 1 D195147153 WD 950818 14 :42 CA �� T O T A L : DOCUMENTS: O1 F E E S: 13 . 00 B Y: �..��'" � / ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. � .... � � � N C'"7 � ..... N i �i���___��::�:�....�. . 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Poa �o�i� ..a/s �as ' .a/s �es -��'ir� X �. p,oO� � O�b9 a6od 'L LZ9 ewn�o/� ���j"�' puo8 no� tioy� e;inn uoo� auo�d o;o}S // t �py e/_f�� / � puo puo�gp OZ£'9 "" �e....... --._ab'N �� � �� — ,r. �... �. s ♦ i , �' ' D195186224 CITY OF GRAPEVINE P O BOX 95104 GRAPEVINE, TX 76099 —W A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERR O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 196010258 DR96 T008195 10/11/95 12:36 �.,x INSTRUMENT FEECD INDEXED TIME 1 D195186224 WD 951011 12:36 CR 99646 �;.,� T O T A L : DOCUMENTS: O1 F E E S: 15.00 f B �� ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 4���.n� ��� � � � � � �4 � 7