HomeMy WebLinkAboutORD 1984-044 ORDINANCE NO. 84-44
AN ORDIN�INCE �1MF�IDING ORDINANG� NO. 70-10,
TE� COMPRE�EIF�TSIVE ZONING ORDINANCE OF T�
CITY OF GRAPEVIlVE, TEX�1S, SANIE BEING ALSO
KNCJWi�I AS APPIIII�IDIX "A" OF � CITY CODE OF
GRI�PEVINE, TEXAS, GR�1NI'ING A ZONING C'�IANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
IA'I', TRACI', OR PARCEL OF I�ADID LYING AI�ID
BEING SITUATID IN THE CITY OF GRAPEVINE,
TARRANT COTJN`I'Y, TExA.S, MORE FtTLLY AND
COMPLEPELY DFSCRIBID IN THE BODY OF THIS
ORDINANCE; ORDERING A CT3ANGE IN THE USE OF
SAID PROPERTI' FROM "R-3" MULTI FAMILY
DWEL,LING DISTRICT U1�IDER ORDINI�NCE NO. 70-10
TO "R-MF-2" MULTI-FAMILY DWE.TILING DISTRICT
UNDgt ORDINANCE NO. 82-73 AND PROVIDING FOR
ACCEPTANC� BY 'I�iE CITY OF PROFFERID VOLUN-
TARY DEID RESTRICI'IONS; CORR�C�I'ING Tf�
OFFICIAL ZONING MAP; PRESERVING ALL Or!'�iER
PORTIONS OF THE ZONING ORDII�IANC�; PROVIDING
A CLAUSE REL�P,TING TO SEVERABILITY; DEI�R-
MINING 'I'HAT 'I23E PUBLIC INZ�RESTS, MURALS
AND (�NERAL t�]EL�'ARE DEMAND A ZONING CHANGE
AND AN�iDMENT TfiEFZEIN MADE; PROVIDING A
PE[�T�1LTY NOT TO EXCEID Tf� SUM OF ONE
THOUSAND DOLL�AFZS ($1,000.00) AND A SEPARATE
OFF�NSE SHAIZ BE DF�1ED COMNIITTID UPON EACH
DAY DURING OR ON WHIC�i A VIOLATIO'�ii OCCCTRS;
AND DECLARING AN E�9ERGENCY
WF�RF'�AS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
ComYussion 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,
W�iEREAS, 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 facil-
ities in the area inmiediately surrounding the site; safety from fire hazards
and measures for fire control, protection of adjacent property frcan flood or
water damages, noise producing elements and glare of the vehicular and sta-
tionazy 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 e.xpected 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 prom�tion of health and the general welfare, effect on light and
` air, the effect on the overcravding of the land, the effect on the concen-
� tration of population, the effect on the transportation, water, sewerage,
� schools, parks and other facilities; and,
�
E
'- W�S, 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 follawing factors in maki.ng 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 possi.bly present in the
securing of safety fran same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
WHIItEREAS, the City Council further ctinsidered atrong 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 appropri-
ate use of land throughout this city; and,
4��, the City Council of the City of Grapevine, Te�s, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requises the amendment, that the zoning
changes do not unreasonably invade the rights of those who bought or itr�roved
property with reference to the classification which existed at the time their
original investinent was made; and,
W�S, the City Council of the City of Grapevine, Texas, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; promotes health and the general
welfare; provides adequate light and air; prevents the overcrawding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public require-
ments; 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 conIInunity.
NC7W, Tf-I�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF � CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Com�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lmown as Append� "A" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed in that the use of the following described
property, to-wit:
Being a tract of land located in the City of Grapevine, Tarrant County,
Texas, m�re fully and completely described in F�hibit "A", attached hereto and
made a part hereof, which was previously zoned "R-3" Multi-Family Dwelling
District under Ordinance No. 70-10 is hereby changed to "R-MF-2" Multi-Family
Dwelling District under Ordinance No. 82-73 and providing for acceptance by
the City of proffered voluntary deed restrictions.
Section 2. Deed restrictions relative to a limitation of density to 16
units per gross acre have been proffered by the awner, SunWest Properties,
Inc. , and duly accepted by the City for filing.
Section 3. 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 4. 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.
g Section 5. That the zoning regulations and districts as herein estab-
� lished have been made in accordance with the comprehensive plan for the
�, purpose of promoting health, safety, rrorals and the general welfare of tYie
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 secur'e safety frcgn fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, co�nercial needs and develoFanent of the co�nunity. 'I'hey 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 appropri-
ate use of land throughout the cananunity.
Section 6. This ordinance shall be cumulative of all other ordinances of
the City of Grapevine, Te�s, 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 7. 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 8. That any person or corporation who shall violate any of the
provisions of tYiis ordinance or fail to co�ly 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 sL�n.itted 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 aaner or awners
of any building or premises, or part thereof, where anything in violation of
this ordinance shall be placed or shall e�xist, and any architect, builder,
contractor, agent, person, or corporation �loyed in connection therewith,
and who may have assisted in the ccxrmission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City of Grapevine, likewise, shall have the power to enforce
the provisions of this ordinance through civil court action as provided by
state law.
Section 9. The fact that the present zoning ordinance and regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
safety, m�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the imt�ediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fram and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID by the City Council of the City of Grapevine, Te�as
on this the 19th day of June, 1984.
APPR(7VID:
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Mayor
ATTEST:
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Cit Secretary
�
� APPRUVED AS TO FORM AND LF7G�ILITY:
.
City Attorney
EXEiIBIT "A" TO
� ORD�IIvANCE NO. 84-44
�XHIBIT "A"
BEING a tract or r.arcel of land situated in the City of Grape-
vine , T�rrant County , Texas, nnd being out of the P . R. Splane
Survey , Abstract No . 1453 and C . i3 . ticDonald Survcy , Abstract
�r�ct conv�yed to Tri-State , Inc . by Deeu recordcd in Volume
G1 ;G , ['�c�c �9 , Dccd Rccorcls, T.�rr.�nt County , Tc�a� �nd also
being a part of a 57 . 117 acre tract of land described in sub-
�'ol;�me 5776 , Pac�e 729 , Deed P.ecards , Tarr�nt C-�unty , Texas , and
�cing more full}� described as follows :
a [�EGINNING at an iron rod at the southwe�t corncr oL suid 22 . n2
�cre tract, said rod aiso being on the north line of Mustnng
Re�d at the southeast corner of Grapevine High School Property;
. THEUCE North 0° 11 ' 00" East 799 . 78 feet along the co�unon line
of said Graoevine High School property and said 22 . 82 acre
tract of land;
Tx�NCE North 89° 43 ' 32" East 1321 . 78 £eet alang thn north line
o` said 22 . 82 acre tract to a point in an asphait road;
TH�NCE South 0° 18 ' 47" East 745. 9 feet to a point for corner
in the north line cf said Mustang Road;
�H�NCE South 89° 4i ' 40" west alon� the north line of i•iustang
�oad 1043 . 67 feet to the beginning of a curve to the le£ t- hav-
;ng a central angle of 15° 19 ' Z1" a radius of 61A . 63 £eet and
� tangent length of 82 . 68 feet;
T;��r�CE along said c�:rve to the left 164 . 37 feet to the end of
� s� id curve ;
TN�r�CE South 74 ° 28 ' 19" West 127 . 05 feet coztinuing along the
nor th 1 ine of Mus tang Ro��d to the PLnC� OI' IIEGItIrIING nnd con-
t� ir.ing 22 . 8 acres of land .
Identified for purposes of Exhibit:
' '/�
l-�- .��f-�-� � _---
Lawrence Clay�erS S rth, President
SUN�VEST PE2'OPERTIES, INC.
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DEED RESTRICTIONS -�,, ��:;, �•�� � �
� 2�t1� , ����3��u � �l7!?41E
� THE STATE OF TEXAS )(
)( KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT )(
That SUNWEST PROPERTIES, INC., a Texas corporation, is the owner of
certain property situated in the City of Grapevine, Tarrant County, Texas, as
evidenced by Warranty Deed with Vendor's Lien, dated July 22, 1983, and more
particularly described in field notes marked Exhibit "A'' attached hereto and made
a part hereof for all purposes.
That the undersigned does hereby impress all of the property described in
Exhibit "A" with the following deed restrictions, to-wit:
1. The undersigned, its successors and assigns agree to construct
no more than sixteen (16) dwelling units per gross acre on the
property described in Exhibit "A".
These restrictions shall continue in full force and effect for a period of
twenty-five (25) years from the date of execution, and shall automatically be
extended for additional periods of ten (10) years unless terminated in the manner
specified herein.
These restrictions shall not be altered, amended or terminated without a
public hearing before the 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 zoning change on the property described herein. The City
Manager, or designee, through authorization by majority vote of the City Council
of the City of Grapevine, Texas, and SUNWES"f PROPERTIES, INC., its successors
and assigns must sign a document to be filed in the Deed Records of Tarrant
County, Texas approving the amendment or termination of these Deed Restrictions.
The restrictions contained herein are not in any manner intended to restrict
the right of the City Council of the City of Grapevine to exercise its legislative
duties and powers insofar as zoning of the property is concerned.
These restrictions inure to the benefit of the City of Grapevine, and the
City of Grapevine does heeeby reserve the right to prosecute, at law and in equity,
against the person violating or attempting to violate such restrictions, either to
prevent him from so doing and 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.
vC` `7��39 P,�,E 2���
These restrictions are hereby declared covenants running with the land, shall
be fully binding upon all persons acquiring property within the above described
tract, and any person by acceptance of title to any of the above described property
shall thereby agree and covenant to abide by and fully perform the foregoing
restrictions and covenants.
�
EXECUTED this� day of .,,U�� , 1984.
SUNVNEST PROPERTIES, INC.
A Texas Corporation
By
awrence Clayt Smith, President
THE STATE OF TEXAS )(
COUNTY OF TRAVIS )( ^
/
This instrument was acknowledged before me on the � day of
,. V�� , 1984, by LAWRENCE CLAYTON SMITH, President of SUNWEST
PROPERTIES, INC., a Texas Corporation, on behalf of said Corporation.
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'` '� `� Notar ubli
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� �xx ' ' °,`� , '`'� Travis ounty, Texas
��� � �. � �'-; ; My Commission Expires: 3
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�XHIt3IT "n"
BEING a tract or parcel of land situated in the City of Grape-
vine , Tarrant County , Texas, and bei�g out of the P . R. Splarie
Survey , Abstract No. 1453 and C . B . McDonald Survcy , Abstract
c:r�ct conveyed to Tri-State, Inc .� by Deed recorded in Volume
Gl �G , P�gc �9 , Dccd Rccorcls, Tarrant County , Tex.�s �nd also
being a part of a 57 . 117 acre tract of land described in sub-
volume 5776 , Page 729 , Deed Rccords, Tarrant County , Texas, and
� being more fully described �s follows :
BEGINNiNG at an iron rad at the southwest �corner oi said 22 . 82
acre tract, said rod also being on the north line of Mustang
noad at the southeast corner of Grapevine High School Property;
; THENCE North 0° 11 ' 00" East 799 . 78 feet along the common la.ne
of said Grapevine High School property and said 22. 82 acre
trac t of land;
iHENCE North 89° 43 ' 32" East 1321 . 78 feet along the north line
of said 22 . 82 acre tract ta a point in art asphalt road;
THENCE South 0° 18 ' 47" East 745. 9 feet to a point for corner
in the north line o� said Mustang Road;
THENCE South 89° 47 ' 44" West along the north line of Mustang
Road 1043. 67 feet ta the beginning of a curve to the le£t- hav-
ing a central angle of 15° 19 ' 21" a radius of 619 . 63 feet and
a tangent length of 82 . 68 feet;
TH£NCE along said curve to the left 164 . 37 feet to the end of
said curve; '
THCNCE South 7A ° 28 ' 19" West 127 . 05 �eet continuing � along the
narth line of Mustang Road to the PLAC� OI' B�GTNNING �nd con-
taining 22 . 8 acres af land.
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Identified for purposes of Exh�b�t: �
�
Lawrence Clay S rtkt, Presiclent
SUNWEST P PE��TI��,�I�NC. :'
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RE'IURN TO: Karen S�ann. City Secretary
City of Grapevine
P. O. Box 729
Grapevin�e, �'X 76051
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