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Home My WebLink AboutItem 24 - Z12-09 Vineyard Creek Estates ITEM # L/ PZ 4 1 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DIRECTOR OF DEVELOPMENT SERVICES MEETING DATE: NOVEMBER 20, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z12-09 VINEYARD CREEK ESTATES ! i i I I r ' Grapevine eine y?, APPLICANT: Brad Meyer of Contrast Development I dove Rp PROPERTY LOCATION AND SIZE: LH.1635 Northwes ' The subject property is located at 2011 Hall-Johnson _r I Road, and is proposed to be platted as Lots 1-21, vat ; Block 1; Lots 1-28, Block 2, and Tracts 1 and 2, Vineyard Creek Estates; and also proposed to be r s FW Hall Johnson y A6P platted as Lots 1-3, Block 1, Crestwood Hollow, Phase 2. The addition contains 18.864 acres and L has approximately 235 feet of frontage along Hall- _ Glade Rd. c _� Johnson Road, 479 feet of frontage along Crestwood H _ Court, 500 feet of frontage along Hughes Road and 55 feet of frontage along the northbound William D. Tate service road. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 18.864 acres from "PCD" Planned _Commerce Development to "R-5.0"Zero Lot Line District for the development of 52 single family lots. At the October 16, 2012 meeting the applicant proposed the development of 53 single family lots on the subject property with an average lot size of 12,038 square feet and density of 2.81 dwelling units per acre. During the public hearing a number of comments were made by residents of the Crestwood Hollow subdivision relative to the four proposed lots that would have frontage along Crestwood Court. Most of their concerns centered on the appearance of the residential structures that would be constructed on these four lots and their desire to maintain the property values of their properties. The Planning and Zoning Commission approved the zoning request with the exception of the four proposed 0:IZCU212-09.42 1November 13,2012(5:03PM) lots along Crestwood Court. The request was tabled for these four lots to give the applicant time to work out an amicable agreement with the Crestwood Hollow residents on how these lots should be developed. In conjunction with the Crestwood Hollow homeowner's association the applicant has submitted a set of deed restrictions governing the development of the lots in question. In particular the number of lots has been reduced from four to three. A minimum square footage of a dwelling unit, excluding the garage has been established at 2,480 square feet. There is also a provision for the annexation of these lots into the Crestwood Hollow Homeowner's Association. See the attached deed restrictions. PRESENT ZONING AND USE: The property is currently zoned "PCD" Planned Commerce Development District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned from uR-1" Single Family District to "PCD" Planned Commerce Development District during the 1984 Citywide rezoning. At the June 15, 2004 meeting Council approved zone change request Z04-04 (Ord. 2004-39) on the property to the east from "PCD" Planned Commerce Development District to "R-5.0" Zero Lot Line District for single family development. At the September 21, 2004 meeting Council approved zone change request Z04-10 (Ord. 2004-60)on the property to the west from "PCD" Planned Commerce Development District to "CC" Community Commercial District developed as a day spa/salon. At the June 21, 2005 meeting Council approved zone change request Z05-04 (Ord. 2005-45) on the property to the west from "PCD" Planned Commerce Development District to "CC" Community Commercial District for the development of an office. A special use permit(SU10-08)was approved by Council at the October 19, 2010 meeting on property to the north for the development of a church. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-7.5" Single Family District and "PCD" Planned Commerce Development District—Saybrooke Addition, Fellowship of the Parks Church, Driskill Place (pharmacy) SOUTH: "PO" Professional Office District and "R-7.5" Single Family District—Delaney Vineyard, Shadow Glen Addition EAST: "R-5.0" Zero Lot Line District and "PCD" Planned Commerce Development District—Crestwood Hollow Addition and CMPA Office complex WEST; "PCD" Planned Commerce Development District and "CC" O:/ZCUIZI2-09.42 2 November 12,2012(2:57PM) Community Commercial District—Unity Church, office buildings, restaurant AIRPORT IMPACT: The subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates this portion of Hall-Johnson Road as a Type C Minor Arterial with a minimum 80 feet of right-of-way developed as four lanes with a center left turn lane. Hughes Road at this specific location is not a designated thoroughfare. /rs 0:IZCUIZ12-09.42 3 November 12,2012(2:57PM) --------------------- 15 Y 14 13 12 11 ... TR 3 2 9 4 7 �r� 'W M 5 �' pS 20 8 7 TR MiG 19 7:.513 7R 2 ® 9 1® 5 R An -GMB R 5 4 19 2 11 4 HA L J HN5 N RI HALL 1 2 R R R R R 3 11 8 ' 3 4 E1t3 s s 4 7 3 s 10 2 � Pi3 2.00 ♦ r TR .1724 . . . . . . . . . 't r - 2 wr _ . . . . . . . . 3 C] , . . . 1 _J r . . . . . . . . . 4.348@ 2 acc OSOX _ IR2 4 651111 1 11 g 1 12 t 3.103@ . ,. Copp, 131 GU r pS I . TR98- ■ y :912 1 B Go 18 20 0 21 22 4.017 @ 23 GU 1R . . . . . . . . . 24 34 G 4 5 q s®+ ® 3R1 3R2 ss 35 3Y 9® 1 2 3 .913 .884 L 32 PO 7 B 4 -7.5 31 28 T 2 3 4 5 90 25 1 28 3 rl\/O ,52.10984� � " .� n. "f ®G1,+r. �l CJ 28 22 21 26 p► ® 23 10 11 Zl 2-09 0 1 inch =300 feet Vneyard C.Oreek Estates z I-D-n9 VINE- T _ CITYh ZONE CHANGE APPLICATION PART 1.APPLICANT INFORMATION Applicant Name: Contrast Development,LLC Applicant Address: 300 E.John Carpe p Irving,Texas 75062 �. Phone No. 972.793.7685 Fax No. N/A Email Address brad.meyer@contrastdevelopment.com Mobile Phone 817.312.0417 Applicant's interest in subject property Purchaser PART 2.PROPERTY INFORMATION Street Address of subject property South of Hall Johnson,North of Hughes,East of Hwy 121 Legal Description: Lot Fa Block n/a Addition n/a Legal description of subject property (metes& bounds must be described on 8 1/2"x 11"sheet Size of subject property: acres F18.864 square footage 821,723 Present zoning classification PCD Planned Commerce Developr Requested zoning district R-5.0 Zero Lot Line District Present use of property Vacant Proposed use of property Single Family Residential The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is R-5.0 Zero Lot Line District Minimum/Maximum District size for requested zoning n/a PART 3. PROPERTY OWNER INFORMATION Property Owner ONCOR Electric Delivery Company,LLC Prop Owner Address 1616 Woodall Rogers Freeway City/State/Zip Dallas,Texas 75202 Phone No. 817.215.6607(Wayne Wright) Fax No. 817.215.6600 69 La' ❑ All Zone Chage Requests are assumed to be completed when filed and will be placed on the agenda for public hearing at the descretion of the start Based an the size of the agenda,your application may be scheduled to a later date. i] All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process, ❑ 1 have read and understand all the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. PART 4.SIGHATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN 01 THE SUBJECT PROPERTY Brad Meyer,Contrast Development,LLC Print Applicant's Name Applicant's Signat The State of a c County of I �oakIo's Before me (notary) Io- jj\i on this day personally appeared (applicant) 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. (Seal) Given under my hand and seal of office this �1 � day of i )u f% A.D. ti ayluw v.. KARLA W JONES °= Notary Public, State of Texas MY Commission Expires � funs 11, 2Q14 Notary in and For State of 'T��.a ..i a 11 L. Alvarez ONCOR Electric Delivery Company,LLC By: Print Property Owner's Name PropOwrter's Signatu Jill L. Alvarez Attorney-in-Fact The State of Texas County of Tarrant ,,,,,,,� Before me (notary) on this day personally appeared (applicant) Ji11 L. Alvarez ��11 ifl[ 4 ,tc tr f 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�eexecuted the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this / �� day of �W ,A.D. rt" ¢.PA' PRkV l•'ltic l'l"Y� P��P"BP��p $�. � vy f ,6` s "I ti u&�, c7" �� ". 2V4 ry In a d State o TVD 1�fl LEGAL DESCRIPTION BEING a tract of land out of the William Driskill Survey, Abstract No. 405, Tarrant County, Texas, and being that tract of land as described in deed to TXU Electric Delivery Company as recorded in Instrument No. D207007552, Official Public Records of Tarrant County, Texas (O.P.R.T.C.T.), and being more particularly described as follows: BEGINNING at a point for comer from which a 1/2-inch found iron rod bears North 48 degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right-of-way line of State Highway No. 121, said point also being the called southwest comer of Lot 1, Block 1, Driskill Place, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 4494,Plat Records of Tarrant County, Texas (P.R.T.C.T.); THENCE North 89 degrees 46 minutes 29 seconds East, departing said east right-of-way line and along the south line of said Lot 1, Block 1, Driskill Place, a distance of 289.15 feet to a point for the called southeast corner of said Lot 1, Block 1, Driskill Place, from which a 1/2-inch found iron rod bears North 63 degrees 09 minutes 09 seconds West, 0.29 feet; THENCE North 00 degrees 16 minutes 13 seconds West, a distance of 11.04 feet along the east line of said Lot 1, Block 1, Driskill Place to a point for corner from which a 1/2- inch found iron rod with an illegible cap bears North 55 degrees 49 minutes 30 seconds West, a distance of 0.34 feet, said point being the beginning of a non-tangent curve to the left with a radius of 270.00 feet and whose chord bears North 69 degrees 27 minutes 03 seconds East, 187.55 feet; THENCE Northeasterly, along said curve to the left, and continuing along said east line, through a central angle of 40 degrees 3 8 minutes 47 seconds, for an arc distance of 191.54 feet to a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC." (hereinafter referred to as "with cap")found for corner at the point of tangency; THENCE North 49 degrees 07 minutes 38 seconds East, continuing along said east line, a. distance of 172.40 feet to a 1/2-inch found iron rod with cap stamped"GRANT ENG.", said corner being on the south right-of-way line of Hall Johnson Road(an 80 foot right- of-way) as dedicaed by plat recorded in Cabinet A, Slide 715, P.R.T.C.T., same being located on a curve to the left with a radius of 1,165.00 feet and whose chord bears South 73 degrees 07 minutes 41 seconds East, 234.67 feet; THENCE Southeasterly, departing said east line, and along said south right-of-way line and along said curve to the left, through a central angle of 11 degrees 33 minutes 38 seconds, for an arc distance of 235.06 feet to a 1/2-inch found iron rod with cap for the northwest corner of Lot 1, Block 1, of the Fellowship of The Parks Addition, an addition to the City of Grapevine, as recorded in Document No. D210320285, O.P.R.T.C.T.; -T I. _ THENCE South 34 degrees 57 minutes 14 seconds West, departing said south right-of- way line, and along the west line of said Fellowship Addition, a distance of 315.78 feet to a 1/2-inch found iron rod with cap for corner; THENCE South 00 degrees 02 minutes 46 seconds East, continuing along said west line, a distance of 114.00 feet to a 1/2-inch found iron rod with cap for the southwest corner of said Fellowship Addition; THENCE North 89 degrees 51 minutes 04 seconds East, along the south line of said Fellowship Addition, a distance of 443.84 feet to a 1/2-inch found iron rod with cap for the southeast corner of said Fellowship Addition; THENCE North 41 degrees 44 minutes 56 seconds East, along the east line of said Fellowship Addition, a distance of 412.38 feet to a 1/2-inch found iron rod with cap for the most southerly northeast corner of said Fellowship addition, being the northeast corner of said TXU Electric Delivery Company tract, said point being the west line of Crestwood Court, and being South 00 degrees 42 minutes 11 seconds East along said west line, a distance of 14.71 feet from the intersection of said west line with the south line of Hall Johnson Road; THENCE South 00 degrees 42 minutes 11 seconds East, along the east line of said TXU tract and west line of said Crestwood Court, a distance of 479.04 feet to a point for corner from which a 3/4-inch found iron rod bears South 16 degrees 47 minutes 01 second East, 0.32 feet, said point also being the called northeast corner of Lot 1, Block 1, of the Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 8278, P.R.T.C.T.; THENCE South 89 degrees 59 minutes 11 seconds West, departing said west line and along the north line of said CMPA Office addition, a distance of 298.75 feet to a point for corner from which to a 3/4-inch found iron rod bears North 82 degrees 36 minutes 42 seconds West, 0.34 feet, said point being the called northwest corner of said CMPA Office addition; THENCE South 00 degrees 35 minutes 04 seconds East, along the west line of said CMPA Office Addition, a distance of 855.90 feet to a 3/4-inch iron rod found in the north line of Hughes Road(a variable width right-of-way) for the southeast comer of said TXU tract; THENCE North 89 degrees 58 minutes 01 second West, along said north right-of-way line of Hughes Road, a distance of 500.47 feet to a 1/2-inch found iron rod with cap for corner; THENCE North 00 degrees 02 minutes 46 seconds West, departing said north right-of- way line,passing at a distance of 23.23 feet the southeast corner of Lot 1R, Block 1, Unity Church of Northeast Tarrant County Addition, an addition to the City of Grapevine, Tarrant County,Texas, according to the plat recorded in Document No. T,� _bq D205288771, O.P.R.T.C.T.,passing at an additional distance of 573.O9 feet the southeast corner of the Vineyards Addition, an addition to the City of Grapevine, according to the plat recorded in Document No. D205288722, O.P.R.T.C.T., and continuing in all a total distance of 850.32 feet to a 5/8-inch found iron rod with cap stamped "CHEATHAM 2346" for the northeast corner of said Vineyards Addition; THENCE South 89 degrees 24 minutes 25 seconds West, along the north line of said Vineyards Addition, a distance of 300.10 feet to a 1-inch found iron pipe in the east line of Lot 1, Block 2, of the Driskill Place Addition, an addition to the City of Grapevine, according to the plat recorded in Cabinet A, Slide 5645, P.R.T.C.T., same being a called north corner of said Vineyards Addition; THENCE North 00 degrees 05 minutes 15 seconds West, along the east line of said Driskill Place Addition, a distance of 373.08 feet to a 1/2-inch found iron rod for the called northeast corner of said Driskill Place Addition; THENCE North 89 degrees 51 minutes 32 seconds West, along the north line of said Driskill Place Addition, a distance of 270.63 feet to a point for the called northwest corner of said Driskill Place Addition, from which a 1/2-inch found iron rod bears North 48 degrees 03 minutes 54 seconds West, 0.38 feet, said point being on the east right-of- way line of said State Highway No. 121; THENCE North 00 degrees 42 minutes 19 seconds West, along said east right-of-way line, a distance of 54.96 feet to the POINT OF BEGINNING AND CONTAINING 821,723 square feet or 18.864 acres of land, more or less. t ACKNOWLEDGEMENTa Ail Zone Change Request are assumed to be complete when riled and VAII be.,pleced publicfor 'r the size application testimonymay be scheduled to a later date. All public hearings will be opened and i interested iPublic publichearings may be continued to the next ring. Public hearingsit . Any changes to a concept plan approved with a zone change requesi can oniy be approved by city throughcouncil lic hearing process. i have read and understand alli li i r zone change request and acknowledge that allit i application i submittal. Signature of Applicant Date /Zv /,( 2 Oncor E1gqtXiQ Deliverl CoaaLny LLC Signature of Property Owner By JilA.M,-iAlyarez 'Attorney-in-Fart- Date June 1 , 2012 DECLARATION OF RESTRICTIVE COVENANTS THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration") is made as of the day of , 2012 by the City of Grapevine, a Texas Home Rule City located principally in Tarrant County, Texas ("City") and Contrast Development, LLC. A Texas limited liability company and/or Assigns residing in Irving, Texas, "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 Crestwood Hollow Phase 2, Grapevine, Texas (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. 1. Limitations and Restrictions — The Property shall be developed in accordance with and in compliance with the following: A. R-5.0 Zero-Lot-Line District Regulations of the City shall apply. B. The Property shall be limited to a maximum of three (3) lots. C. Minimum Floor Area: The minimum square footage of a dwelling unit shall not be less than two thousand, four hundred and eighty (2,480) square feet of floor area, excluding garages. D. The minimum roof pitch of any structure shall be eight (8) feet by twelve (12) feet. E. All roofs shall be constructed with composition shingles having a manufacturer's warranty of at least thirty (30) years. F. At least eighty percent (80%) of the exterior walls and (100%) of the front elevation walls (other than windows and doors) of the dwelling unit shall be clad in brick, brick veneer, stone, stone veneer, stucco, stucco veneer or Hardi-Plank type siding,provided that no Hardi-Plank type siding will be allowed on the front elevation walls. At least sixty percent (60%) of the exterior walls (other than windows and doors) of the dwelling unit shall be clad in brick, brick veneer, stone, stone veneer, stucco or stucco veneer. G. All garage doors shall contain decorative wood clad treatment. DECLARATION OF RESTRICTIVE COVENANTS 1 H. Front entry garages shall not be allowed except for a single garage for each dwelling unit that is set back at least twenty (20) feet back from the front building line. I. The front elevation of each dwelling unit clad in brick shall contain a brick soldier course under the front roofline. J. Each dwelling unit shall contain a minimum of two elevation offsets along the front of the dwelling. K. Each dwelling unit shall have a cast stone address plaque. L. Front driveways must be surfaced with exposed aggregate material. M.Each mailbox shall be constructed in the same style and material as the Crestwood Hollow dwelling units. N. Dwelling units shall be eligible for annexation into the Crestwood Hollow Home Owners Association. This provision is subject to execution of an agreement between Contrast Development and the Crestwood Hollow HOA regarding the terms of annexation. If an agreement is not reached prior to certificate of occupancy for any home within Crestwood Hollow Phase 2 this provision shall be null and void. O.The owner of Lot 3, Block 1 shall preserve all trees which have a caliper of three (3) inches DBH (diameter breast high) and greater which are within twenty (20) feet of the southern property line unless: (a) the tree is dead or diseased as determined by an arborist or (b) the property owner receives approval of the Crestwood Hollow Homeowner's Association to remove the tree. 2. Binding Effect and Duration -- These covenants shall remain in force and effect for a period of twenty-five (25) years from the date of execution of this instrument and shall be extended for continuous period of five (5) years unless terminated by written agreement of the City and all of the then current owners of the Property. 3. Amendments— This Declaration may be amended only pursuant to a written amendment executed by City and all of the then current owners of the Property and recorded in the Deed Records of Tarrant County, Texas. 4. 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 this Declaration, either to restrain violation or to recover damages. Failure by the City to DECLARATION OF RESTRICTIVE COVENANTS 2 enforce any provision of this 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. 5. 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. 6. 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. 7,, Exercise of Police Power - Nothing herein, in any manner, shall preclude the City from exercising its police power, including the zoning and rezoning of the Property. EXECUTED as of the date first above written. City Secretary CITY OF GRAPEVINE Jodi Brown Bruno Rumbelow, City Manager City Attorney AGREED TO BY OWNER John F Boyle, Jr. Contrast Development, LLC a Texas limited liability company DECLARATION OF RESTRICTIVE COVENANTS 3 The State of County of BEFORE ME „a on this day personally appeared Bruno Rumbelow, 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 2012. My Commission Expires: Notary Public in and for the State of Texas The State of County of 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 2012. My Commission Expires: Notary Public in and for the State of Texas DECLARATION OF RESTRICTIVE COVENANTS 4 .................................... .........................................................................-- .......................... DFUSKILL PLACE 'I NCH 200 FEET U. FELLOWSHIP OF 6 C? THE PARKS ADDITION cl� "ZN TXU ELECTRIC DELIVERY 0 LU ftnt of Geginning VINEYARDS NORTH ADDITION O.MT.C.T. TXU ELECTRIC DELIVERY AMENDED PLAT This document Exhibit war prepared under CMFA OFFICE '2'2 TAC 653.21,and does not reflect the results of (CAB.A.SILD.8279) on on the ground survey.and is not to be used to convey or establish interests'in realproperty except those rights and interests or established by the creation or reconf;guration of the boundary of the political subdivision for Which it W43S prepared". UNITY CHURCHOr NORTHEAST TARRANT COUNTY � � ' � � � � � � � � � � � � ------------------------------------------------- �. EXHIBIT PROPOSED ZONING FOR CRESTWOOD HOLLOW, PHASE 2 PELOTON Situated in the W. DriskiliSurvey, Abstract Number 405 City of Grapevine, Tarrant County, Texas LAND SOLUTIONS 5761 . ___ ___ _'-�--� --_�_-_ --_-_-_-� --_- ' _- - '''----'' ''.''''''''''—'—''---''—.''---'''.—''''—''—''.''''.''''''.''''.''—''.-- —.—.''.''—''—.—'--'' Crestwood Hollow,Phase 2 Zoning Description BEING a tract of land out of the William Driskill Survey,Abstract No. 405, Tarrant County, Texas, and being part of that tract described in deed to TXU Electric Delivery Company as recorded in Instrument No. D207007552, County Records, Tarrant County, Texas,and being more particularly described as follows: BEGINNING at a corner in the west right-of-way line of Crestwood Ct.,and being the northeast corner of Lot 1,Block 1,Amended Plat CMPA Office, an addition to the City of Grapevine, Tarrant County, Texas,according to the plat recorded in Cabinet A, Slide 8278,P1at Records, Tarrant County, Texas; THENCE N 89059'11"W, 298.75 feet with the North property line of said Lot 1,Block 1,the northeast corner of said Lot 1, Block 1; THENCE N 00035'04"W, 171.23 feet to the South property line of Lot 1 Block 1, of the Fellowship of the Parks Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to Document No. D210320285, said County Records; THENCE N 89051'04"E, 20.03 feet with the south line of said Lot 1 Block 1,Fellowship of the Parks Addition; THENCE N 41044'56"E, 412.38 feet with the East property line of said Lot 1 Block 1, Fellowship of the Parks Addition to a point in the West right-of-way line of said Crestwood Ct.; THENCE S 00042'11"E,479.04 feet with the West right-of-way line of said Crestwood Ct.to the Point of Beginning, and containing 93,968 square feet, or 2.157 acres of land more or less. "This document/Exhibit was prepared under 22 TAC 663.21, and does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared". Peloton Job No.CDPI2001.1 GRAPEVINE November 06,2012 G:IJOBICDP12001.0-BALL JOHNSON GRAPEVINMLIRILEGALICDP12001.ZN2.DOCx Page 1 of 1 iDi ORDINANCE NO. II! 're,10 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 Z12-09 ON ATRACT OF LAND OUT OF THE WILLIAM DRISKILL SURVEY, ABSTRACT NO. 405 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 "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT TO "R-5.0" ZERO LOT LINE 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 AZONING CHANGE ANDAMENDMENT 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 forthe 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: G 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 ORD. NO. 2 amended and changed by Zoning Application Z12-09 to rezone the following described property to-wit: being an 18.864 acre tract of land out of the William Driskill Survey, Abstract No. 405 (2011 Hall-Johnson Road)more fully and completely described in Exhibit "A", attached hereto and made a part hereof which was previously zoned "PCD" Planned Commerce Development District is hereby changed to "R-5.0" Zero Lot Line District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Provided, however,that the property described in Exhibit"B" shall be governed by the deed restrictions in Exhibit "C", attached hereto and made a part hereof. Section 2. That 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 forthe 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. That 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. Section 7. That 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. ORD. NO. 3 Section 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 16th day of October, 2012. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,TEXAS on second and final reading on this the 20th day of November,2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 State of Texas County of Tarrant Before me,Anne Baker, Notary Public on this day personally appeared , and known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 20th day of November, 2012. Notary Signature My Commission Expires: 01/14/2016 ORD. NO. 5