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HomeMy WebLinkAbout1985-11-191 0 % • q a I low wimeq Rila-Tall L The Planning and Zoning Commission of the City of Grapevine, Texas met in Regular Session, Tuesday, November 19, 1985, at 7:30 P.M. in a joint public hearing with the City Council in the Council Chambers at 413 Main Street, Grapevine, Texas; and at approximately 7:50 P.M. at 311 Main Street for the Planning and Zoning Commission hearing, with the following persons present, to wit: Richard Atkins Chairman Ron Cook Vice-Chairman Harlen Joyce der Peggy Engholm Member Don Florence Member Catherine Martin Member constituting a quorum, and with the following City Staff present, to wit: H. T. (Tormy) Hardy Director Al Dugger, P.E. Assistant Doug Eberhart Engineer Mary Peddycoart Secretary Adrienne Leonard Attorney, NEW BUSINESS REPEAT - GLADE LANDING of Corm unity Development Director of Public Works City Attorney's Office The first item for consideration by the Planning and Zoning Commission was the replat of Glade Landing. The purpose of this replat is to add more land and more lots to the existing subdivision. There was a short discussion between the Planning and Zoning Commission members, Al Dugger of the City Staff and George Seagraves, representing the developers of Glade Landing. After this discussion, a motion was made by Catherine Martion to reccmmend that City Council approve this replat. This motion was seconded by Harlen Joyce and prevailed by the following vote: Ayes: Martin, Joyce, Atkins, Cook, 1bgholm. and Florence Nays: None The next item for consideration by the Planning and Zoning Commission was the replat of two (2) lots in Pecan Gap and two (2) lots in Harwell Addition II. In both incidents the purpose of the replat is to relocate lot lines. This replat conforms with the R-7.5 zoning, and all required easements are shown. There was no one present representing this replat. As there appeared to be little to discuss, a motion was made by Don Florence to recommend approval of this replat, which was seconded by Peggy Engholm. At this point in the meeting, it was brought to the attention of the Planning and Zoning Commission that lots 1 and 7 were owned by persons other than the applicant. During the discussion that followed, it was determined by Adrienne Leonard that in order for this plat to be considered by the Planning and Zoning Commission, it would be necessary for all the property owners, of the lots shown, to sign this replat. It was then suggested that perhaps this replat be tabled until more documentation was obtained from the current owners. Concurrent with this suggestion, Don Florence withdrew his motion to recommend approval, and Peggy Engholm withdrew her second to that motion. A motion was then made by Don Florence to table this replat until the December 17, 1985 meting. This motion was seconded by Catherine Martin, and prevailed by the following vote: Ayes: Florence, Martin, Atkins, Cook, Joyce and Engholm. Nays: None Planning and Zoning Minutes November 19, 1985 Page 2. The purpose of this replat is to correct an error in the legal description. This is being done as the title company will not allow a closing until this error is corrected. The final plat was represented by Mr. John Ball. The planning and zoning commission members questioned the size of lot 1, block 1. At this point Mr. Ball produced a drawing of a proposed house that could be built on this particular lot. This drawing is attached to these minutes, and will be referred to as "Exhibit A". The drawing was given to each Planning and Zoning Commission Pk-i�ber for their review. A brief period of discussion between the men-bers, staff and Mr. John Ball followed. Subsequent to this discussion, a mtion was made by Harlen Joyce to recommend that Council approve this plat. This motion was seconded by D• and prevailed by the following vote. Ayes: Joyce, Florence, Atkins, Engholm, Cook and Martin Nays: None Chairman Atkins asked for qLiestions and/or comments from the Planning and Zoning Commission Members with regard to this plat. Mr. Terry Williams was present representing the plat. At this time in the meting, Mr. Williams presented deed restrictions for this property to Mr. Richard Atkins, Planning and Zoning Chairman. A copy of these deed restrictions are attached to these minutes, and will be referred to as Planning and Zoni • rNovenber 19, 1985 Page 3. 1 "Exhibit B". During the discussion that followed the receipt of the deed restrictions, a letter was presented to Chairman Atkins by Chris Lott, one of the owners/developers of Windmill Estates. This letter is from Starnes & Associates and refers to the pump station serving Windmill Estates and an adjoining subdivision. Chairman Atkins read this letter into the record as follows: ------------------------------------------------------------------------ November 19, 1985 Mr. Dave Spalding Managing Partner, Windmill Estates 1200 Copeland Road, Suite 402 Arlington, Texas Subject: Sanitary Sewer Service and Capacity Dear Mr. Spalding: In the absence of an existing gravity outfall sewer, we were engaged to design a sanitary sewage lift station and force main to serve only forty-one lots in Windmill Estates and forty-six lots in the adjoining subdivision to the South, Druid Hills. The lift station and force main was only meant to serve these two additions and any additional service area would necessitate a re-evaluation of the design, taking into consideration the additional loading, and would thereby nullify the design, plans preparation and contract documents previously prepared by this office. Please understand that we are available at your request to re-examine our design and make recommendations, if you wish, to serve an expanded service area. If we can be of further assistance in this matter, please don't hesitate to call. Sincerely, Charles G. Starnes, P.E. Starnes & Associates, Consulting Engineers 1200 Copeland Rd. Suite 408 Arlington, TX 76011 ------------------------------------------------------------------------ After this letter was read by Chairman Atkins, there followed a short period of discussion, during which Doug Eberhart addressed the issue of the pump station and force main referred to in the letter. He explained to all present that these additional lots would not effect the operations of the pump station or the force min, and that they would definitely not need to be redesigned. After more convents from the City Staff, Chairman Atkins asked for further comments and a motion. A motion was made by Don Florence to recommend that City Council approve this plat. This motion was seconded by Harlen Joyce, and prevailed by the following vote: Ayes: Florence, Joyce, Atkins, Cook, Martin, and Engholm Nays: None There was a short period of discussion between the Planning and Zoning Con-mission Members and the City Staff with regard to streets within and adjacent to this complex. At the end of this discussion, a motion was made by Harlen Joyce to recommend that Council approve this final plat. Planning and Zoning Novenber 19, 1985 Page 4. This motion was seconded by Don Florence and prevailed by the following vote: Ayes: Joyce, Florence, Atkins, Cook, Engholm and Martin Nays: None PRELIMINARY PLAT - VICTORIAN POINT SUBDIVISION Ayes: Cook, Engholm, Atkins, Martin, Joyce and Florence Nays: None PRELIMINARY PLAT - SOUTHWEST GRAPEVINE CODSERCIAL PARK % Ayes: Martin, Joyce, Atkins, Cook, Engholm and Florence Nays® None The three (3) ordinances in question; (1.) Concept Plan, (2.) Square Footage of Awning-Canopy-Marquee Signs and (3.) R -5.0 Zero-Lot-Line District. Planning and Zoning November 19, 1985 Page 5® Lot-Line District® This motion was seconded by Peggy Engholm and prevailed by the following vote: Ayes: Joyce, Engholm, Atkins, Cook, Florence and Martin Nays: None CONSIDERATION OF MI=S The next item for consideration by the Planning and Zoning Commission was the minutes of the July 29, 1985 meting. As there were no amendments to these minutes, Catherine Martin made a motion to approve the minutes as written. This motion was seconded by Harlen Joyce, and prevailed by the following vote: Ayes: Martin, Joyce, Atkins, Cook, Florence and Engholm Nays: None The August 20, 1985 minutes were the next item for consideration by the Planning and Zoning, and as no amendments were needed, a motion to approve the minutes as submitted was made by Don Florence. A second was made by Ron Cook, and the motion prevailed by the following vote: Ayes: Florence, Cook, Atkins, Martin, Engholm and Joyce Nays: None The next set of minutes for consideration by the Planning and Zoning Commission were those of the September 17, 1985 meeting® As no amendments were necessary, a motion was made by Catherine Martin to approve this set of minutes as written. This motion was seconded by Don Florence, and prevailed by the following vote: Ayes: Martin, Florence, Atkins, Cook, Joyce and Engholm Nays: None The final set of minutes to be considered by the Planning and Zoning Canuission were those of the September 24, 1985 meting. As there were no additions and/or corrections , a motion was made by Harlen Joyce to approve the minutes as submitted. This motion was seconded by Peggy Engholm, and prevailed by the following vote: Ayes: Joyce, Engholm, Atkins, Cook, Florence and Martin Nays: None FRYINTY, FRITNI MENA As there were no further items for discussion by the Planning and Zoning Commission, a motion for adjournment was made by Peggy Engholm and seconded by Ron Cook. The motion prevailed by the following vote: Ayes: Engholm, Cook, Atkins. Joyce, Florence and Martin Nays: None The meting was adjourned at approximately 9:15 P.M. Planning and Zoni November 19, ±985 Page 6. 1 PASSED AND APPROVED BY THE PUiW� CataS • AND ZONIN SION F THE CITY OF V� GRAPEVINE, TEXAS ON THIS THE DAY OF 1985. ck�ai�nnan F-AMMISSIM �1�156cretary /p "EXHIBIT 'A" 1 3 4 5 6 7 8 9 DECLARATIONS OF COVENANTS, CONDITIONS, AND RESTRICTIONS STATE OF TEXAS COUNTY OF TARRANT Y3E'EXHIBIT a" WHEREAS, Terry Williams, hereinafter called the Declarant, is the owner of all that certain real property located in Tarrant County, Texas, described as follows: Lots 42, 43, 44; Block 1, Windmill Estates, Grapevine, Tarrant County, Texas; and 10 WHEREAS, the Declarant will convey the above described properties, II subject to certain protective convenants, conditions,, restrictions, liens, 12 and charges as hereinafter set forth; 13 NOW, THEREFORE, it is hereby declared that all of the property described 14 above shall be held, sold, and conveyed. subject to the following easements, 15 restrictions, convenants, and conditions, which are for the purpose of 16 protecting the value and desirability of, and which shall run with, the 17 real property and shall be binding on all parties having any right, title, 18 or interest in or to the above described property or any part thereof 19 and their heirs, successors, and assigns, and which easements, restrictions, 20 covenants, and conditions shall inure to the benefit of each owner thereof. 21 ARTICLE I. 22 DEFINITIONS 23 1,01. "Owner" shall refer to the record owner, whether one or more 24 persons or entities, of the fee simple title to any lot or portion of 25 lot on which there is or will be built a detached single family dwelling, 26 including contract sellers, but excluding those having such interest merely 27 as security for the performance of an obligation. 28 1.02. "Properties" shall refer to that certain real property herein 29 before described, and such additions thereto as may hereafter be brought 30 within the subdivision. 31 1.03. "Lot" shall refer to that portion of any of the plots of land 32 shown upon the plat and subdivision map. BRYAN K. BUCHANAN Attorney at Law 4925 Davis Blvd. Suite 103 North Richland Hilts, TX 76118 1 1 1.04. "Declarant" shall refer to Terry Williams, his successors and 2 assigns, eve - 3 e tar €rest geese of c"revc �-pm-ent. ~' C >•' 4 ARTICLE II. C 5 EXTERIOR MAINTENANCE 6 In the event an owner of any lot shall fail to maintain the premises 7 and the improvement situated thereon in a neat and orderly manner, the 8 developer or any individual lot owner shall have the right, through its 9 agents and employees, to enter said lot and to repair, maintain, and 10 restore the lot and exterior of the buildings and any other improvements 11 erected thereon, all at the expense of the owner. 12 ARTICLE III. 13 USE RESTRICTIONS 14 3.01. All lots shall be used for residential purposes only, and no 15 building shall be erected, altered, placed, or permitted to remain on ;i 16 any lot other than one detached single family dwelling not to exceed two 17 stories in height and a private garage for not more than three automobiles 18 with the entrance to said garage from the side or rear of the house. No 19 garage shall be opened to view from the public streets. 20 3.02. Any single.'r a deuce constructed on said lots must have 21 a ground floor area of not less than 2200 square feet, exclusive of open 22 or screened porches, terraces, patios, driveways, carports, and garages. 23 The exterior walls of any residence shall consist of not less than 80% 24 masonry construction. 25 3.03. No building shall be located on any lot near to the front lot 26 line or near to the side lot line than the minimum building setback 27 lines shown on the recorded plat. For the purpose of this convenant, 28 eaves, steps, and open porches shall not be considered as a part of the 29 building; provided, however, that this shall not be construed to permit 30 any portion of the building on any lot to encroach upon another lot. If 31 two or more lots, or fractions thereof, are consolidated into a building 32 site in conformity with the provisions of Paragraph 3.04, these building BRYAN K. BUCHANAN Attorney at Law 4925 Davis Blvd. Suite 103 North Richland Hills, TX 76118 2 1 setback provisions shall be applied to such resultant building site as 2 if it were one original, platted lot. 3 3.04. None of said lots shall be resubdivided in any fashion except - 4 that any person owning two or more adjoining lots may u, ^� :. con- 5 solidate such lots into building sites, with the privilege of constructing 6 improvements as permitted in paragraphs 3.02 and 3.03 hereof on each 7 resulting building site. 8 3.05. Easements for the installation and maintenance of utilities 9 and drainage facilities are reserved as shown on the recorded plat. No 10 utility company, water district, political subdivision, or other authorized 11 entity using the easements herein referred to shall be liable for any 12 damage done by them or by their assigns, agents, employees, or servants, 13 to shrubbery, trees, or flowers, or to other property of the Owner 14 situated within any such easement. 15 3.06. No noxious or offensive activity shall be carried on upon any 16 lot, nor shall anything be done thereon which may be or may become an 17 annoyance or nuisance to the neighborhood. 18 3.07. No structure of a temporary character, trailer, mobile home, 19 basement, tent, shack, garage, or other outbuilding shall be used on any 20 lot at any time as a residence, either temporarily or permanently. 21 3.08. No signs of any character shall be allowed on the lot except 22 one sign of not more than five square feet advertised for sale or rent; 23 provided, however, that Declarant and any other person or entity engaged 24 in the construction and sale of residences within the subdivision shall 25 have the right, during the construction and sales period, to construct and 26 maintain such facilities as may be reasonably necessary or convenient 27 for such construction and sale, including, but not limited to, signs, 28 offices, storage areas, and model units. 29 3.09. No lot shall be used or maintained as a dumping ground for 30 rubbish or trash, and no garbage or other waste shall be kept except - 31 in sanitary containers. All incinerators or other equipment for the storage 32 and dispoal of such materials shall be kept in a clean and sanitary condition. BRYAN K. BUCHANAN Attorney at Law 4925 Davis Blvd. Suite 103 North Richland Hills, TX 76118 3 I 3.10, No individual sewage- disposal system shall be permitted on any lot. All utility connections, including but not limited to telephone 3 wiring, shall be placed below grade. No gas meters shall be set near 4 the street in front or side of a house than the house itself. All 5 electric connection lines must be underground from the rear of the house 6 to the rear property line. No individual water supply system shall be 7 permitted on any lot. All fences shall be of masonry or wood construction. 8 There shall be no wire or chain link fences or two -three rail stockyard 9 type fences. No fence on any lot shall be closer to 'a street than the 10 required building lines. All fences must be a minimum of six feet in 11 height. 12 3.11. No animals, livestock, or poultry of any kind shall be raised, 13 bred, or kept on any lot except that dogs, cats, or other household pets 14 may be kept, provided that they are not kept, bred, or maintained for any 15 commercial purpose. 16 3.12. No truck, bus, or trailer shall be left parked in the street 17 in front of any lot except for construction and repair equipment while 18 a residence or residences are being built or repaired in the immediate 19 vicinity, and no truck, bus, boat, or trailer shall be parked on the 20 driveway or any portion of the lot in such manner as to be visable from 21 the street. 22 3.13. No professional, business, or commercial activity to which the 23 general public is invited shall be conducted on any lot. 24 3.14. There shall be no outside clotheslines or other outside facilities 25 for drying or airing clothes erected, placed, or maintained in a position 26 to be visable from adjacent property or public thoroughfares. 27 ARTICLE IV. 28 Itt"CCENERAL PROVISIONS icyl�/6j 29 4.01. The Declarant or any owner, shall have the right to enforce, 30 by any proceeding at law or in equity, all restrictions, conditions, 31 and reservations now or hereafter imposed by the provisions of this 32 Declaration. Failure to enforce any convenant or restriction herein BRYAN K.BUCHANAN Attorney at Law 4925 Davis Blvd. Suite 103 North Richland Hills, TX 76118 4 a 1 contained shall in no event be deemed a waiver of the right to do so 2 thereafter. 3 4.02. Invalidation of any one of these covenants or restrictions by 4 judgment or court order shall in no way effect any other provision, and 5 all other provisions shall remain in full force and effect. 6 4.03. The covenants, conditions, and restrictions of this Declaration 7 shall run with and bind the land, and shall inure to the benefit of, and 8 be enforceable by, the Declarant or the owner of any lot subject to this 9 Declaration, and their respective legal representatives, heirs, successors, 10 and assigns, and, unless amended as provided herein, shall be effective 11 for a term of twenty years from the date this declaration is recorded, 12 afterwhich time said covenants, conditions, and restrictions shall be 13 automatically extended for successive periods of ten years. The covenants, 14 conditions, and restrictions of this declaration may be amended during 15 the first twenty year period by an instrument signed by not less than 16 90% of the lot owners, and thereafter by an instrument signed by not less 17 than 75% of the lot owners. No amendment shall be effective until recorded 18 in the Deed Records of Tarrant County, Texas, nor until the approval of 19 any governmental regulatory body which is required shall have been btained. 20 Executed by the said Declarant, this J day of 21 1985. 22 23 TEIJ&Y WIL I S, Declarant 24 25 ACKNOWLEDGMENT 26 STATE OF TEXAS 27 COUNTY OF TARRANT 28 This instrument was acknowledged before me on )Q00f ill. C7 29 by Terry Williams. U11 30 �tLl 31 NOTARY PUBLI OF TEXAS Commission expires: 32 Printed name: '�`LL. -D Co tL-L, IA� BRYAN K. BUCHANAN ' Attorney at Law 4925 Davis Blvd. Suite 103 North Richland Hills, TX 76118 5 MASTERPLAN November 18, 1985 City Council Planning and Zoning Commission City of Grapevine Grapevine, Texas "EXHIBIT C" Re: Preliminary Plat for Southwest Grapevine Commercial Park Dear Council Members and Commission Members: The above referenced matter is on your November 19, 1985, agenda. It is a request to plat a 61 acre tract. The tract is in two zoning districts - Community Commercial (CC) and Planned Industrial Development (PID). We are asking that the plat be approved with the Concept Plan that is attached to it. The attached Concept Plan shows most information, but does not specify all matters in final detail. In planning a tract of this size it is difficult to know all the final details during preliminary planning. We are asking for plat approval so that we may install the streets and utilities. This will allow access to the tract so that users for the property may make plans on how they will use each lot. At that point, we will submit details for each lot. This letter is our pledge to the City of Grapevine that before applying for a building permit on any lot in this subdivision, the owner of the lot will submit a final detailed s1te plan which must be officially approved by the City of Grapevine. Sincerely, William E. Cothrum Agent for Southwest Grapevine Commercial Park Joint Venture, managed by Roberds Investments, Inc. 500 South Ervay Building Suite 121A . Dallas, Texas 75201 • 214 761 9197