HomeMy WebLinkAboutORD 2002-074 ORDINANCE NO. 2002-74 " ��
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�� t AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z02-06 ON A TRACT
OF LAND OUT OF THE G. MINTER SURVEY, ABSTRACT
NO. 1083, 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
UI�DiIVAf�Ct; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "PCD" PLANNED COMMERCE
DEVELOPMENT DISTRICT TO "R-MF-1" MULTIFAMILY
DISTRICT REGULATIONS; CORRECTING THE OFFICIAL
``��� ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
�;= THE ZONING ORDINANCE; PROVIDING A CLAUSE
�:...
�°�; RELATING TO SEVERABIUTY; DETERMINING THAT THE
�.,:
'-` PUBLIC INTERESTS, MORALS AND GENERAL WELFARE
E�'::
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
j:.���� EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
�"= AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
:f.f
�`== 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
(',�mmiscin� nf the City �f Gr�t�e���nP, TAXa� as rP��►�red hv �ta±A �ta#��#e� a��l thA �nn�nc,
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,
�r,� location, lighting and types of signs and relation of signs to traffic control and adjacent
� y 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
a!-�d th� general welfarc, ttic �ftecE on aaequate iight 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
;t��F� a public necessity for the zoning change, that the public demands it, that the public interest
i ;; clearly requires the amendment, that the zoning changes do not unreasonably invade the
�w�� 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
f�- 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:
�,.�
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
ORD. NO. 2002-74 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z02-06 to rezone the following described
property to-wit: being a 23.53 acre tract of land out of the G. Minter Survey, Abstract
'� '� No. 1083, Tarrant County, Texas (4600 State Highway 360), 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-MF-1"
Multifamily District Regulations, all in accordance with Comprehensive Zoning Ordinance
No. 82-73, as amended, with the following stipulation: 1) said property shall be governed
by the deed restrictions attached as Exhibit "B"
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.
�ection 3. Tha� in ali other res�ects, 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
s 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
ot 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. 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. 2002-74 3
� _,^ 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 17th day of September, 2002.
APPROVED:
,
���,,;,� � ,
William D. Tate
Mayor -
' "' ATTEST:
„__
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;
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- Linda Huff
f;-; City Secretary
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, �
APPROVED AS TO FORM:
__ �
.. �,� y.�-' .. .
John F. Boyle, Jr. >
City Attorney
�..,�
ORD. NO. 2002-�4 4
EXHI8IT� TO ��-`�
OVERALL;ZONING LEGAL
Paga __L.__ ot ..�_
BEING all that tract of land in the City of Grapevine, Tanant County, Texas, a par��th�:Ci:V'�i .
�.. :,
Minter Survey, Abstract No. 1083., and being all of that 30.787 acre tract of land conveyed to The
Gardner 360 WLC Partnership-East as recorded in Volume 15348, Page 76, Tarrant County Deed
Records, and being all of that tract of land conveyed to Marvin C. Sims, Jr. as recorded in Volume
8362, Page 2134, Tarrant County Deed Records, and being all of that tract of land conveyed to the
Bobby Moore Family Limited Partnership as recorded in Volume 12902, Page 238, Tarrant County
Deed Records, and being further described as follows
BEGINNING at a five-eighths inch iron rod found at the southwest corner of said 30.787 acre tract
of land, said point being in the east line of Euless-Grapevine Road (a variable width right-of-way),
said point being the northwest corner of said Sims tract of land;
THENCE along the west line of said 30.787 acre tract of land and along the east line of Euless-
Grapevine Road as follows:
North 00 degrees 37 minutes 39 seconds West, 959.72 feet to a five-eighths inch iron rod
found for corner;
North 00 degrees 31 minutes 20 seconds West, 264.16 feet to a one-half inch iron rod found
for corner;
::�.;
�==� THENCE East,409.55 feet to a one-half inch iron rod found for corner;
° ``�'" THENCE South, 260.00 feet to a one-half inch iron rod found for corner;
F i
�f��::'Y�itw•am
THENCE South 69 degrees 56 minutes 15 seconds East, 200.00 feet to a one-half inch iron rod
found for corner;
THENCE North 61 degrees 39 minutes 33 seconds East, 230.00 feet to a concrete monument found
for corner, said point being in the southwest line of State Highway No. 360 (a variable width right-
. of-way);
THENCE along the east line of said 30.787 acre tract of land and along the southwest line of State
Highway No.360 as follows:
South 24 degrees 35 minutes OS seconds East, 149.86 feet to a "X" in concrete found for
corner;
South 08 degrees 45 minutes 19 seconds East, 36.40 feet to a "X" in concrete found for
corner;
South 24 degrees 25 minutes 02 seconds East, 49.98 feet to a concrete monument found
far corner;
THENCE South 65 degrees 34 minutes 58 seconds West, 159.36 feet to a one-half inch iron rod set
for corner;
•� • THENCE South, 713.08 feet to a one-half inch iron rod found for corner in the south line of said
30.787 acre tract of land;
�r_.,2
, EXHIBIT_.�__ TO �
Page ot ...�._
�s THENCE South 89 degrees 23 minutes 54 seconds West, 108.46 feet along the south line of said
30.787 acre tract of land to a one-half inch iron pipe found at the northeast corner of said Sims tract
�:...A of land;
THENCE South O1 degrees 25 minutes 50 seconds East, 316.16 feet to a five-eighths inch iron rod
found at the southeast corner of said Moore tract of land;
THENCE South 89 degrees 14 minutes 27 seconds West, 620.27 feet to a five-eighths inch iron rod
found at the southwest corner of said Moore tract of land, said point being in the east line of Euless-
Grapevine Road;
THENCE North Ol degrees 43 minutes 42 seconds West, 317.89 feet along the east line of Euless-
Grapevine Road to the POINT OF BEGINNING and containing 1,024,942 square feet or 23.529
acres of land.
..:. � ` ' `�
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���'"' DECLARATION OF COVENANT NOV 1 5 Z'uC�J`1
AND
��� � DEED RESTRICTIONS �'��_��?!�!��
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F.:
�XH181t� TO �� ° " � �
THE STATE OF TEXAS Paqo .�..L,.... Of ...�....
€:-� COUNTY OF TARRANT
s,,,.
', ;:� Know all men by these presents Gardner 360 WLC Partnership East;
Bobby Moore Family Limited Partnership; and Marvin C. Sims, Jr.
("DECLARANTS") are owners in fee simple of certain real property consisting of
approximatefy 23.53 acres located entirely in the City of Grapevine (the "CITY"),
in Tarrant County, Texas. Being more particularly described on Exhibit "A"
attached hereto and incorporated herein for all purposes (the "PROPERTY" or
the "ADDITION").
Declarants hereby covenants and agrees that Declarants, and their
Successors and Assigns, shall develop the property, with the following deed
`�;;: restrictions, to wit:
(1) The property shalt be developed with a maximum density of not more than six
;: ,; �,.� (6) dwelling units per acre.
_ Upon a written request being submitted by the Declarants 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 hearing 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 Cifiy
Manager or Designee, through authorization by majority vote of City Council of
the City of Grapevine, Texas and Gardner 360 WLC Partnership Easf; Bobby
Moore Family Limited Partnership; and Marvin C. Sims, Jr., Successors or
Assigns, must sign the document 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
�3' 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
0:/zcu/Z02-06.deedres
EXHIBIT� TO �'��aQz`°2-��
r Page .�.� of _ �----�
�"�"� ' Covenant and Deed Restrictions. These Covenants are perpetual unless
�.s; canceled or modified by mutuai agreement of the parties.
;;ar�,:,
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#he title to any of the
property shall thereby agree and covenant to abide by and fully perForm the
foregoing restrictions and covenants.
EXECUTED on this the .��-;� day of ''��j�� �-<=µ- , 2002
E'�
� Oy. �r, � ,:+'!� '". ..
��� Gardner 360 WLC Partnership East
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:4:��:' �y. `iQ/%�/F .
,`'4 '__
�°� Bobby Moore Family Limited Partnership
�.:
By: ��Y �f
Marvin C. Sims, Jr.
STATE OF TEXAS
COUNTY OF TARRANT
T 's in trument was ack wledg d bef re m n the � day of
�_.�
, 2002, by . �
�
�...... �
�� � °����;� ��y �,��yp�}}q�� otary P lic Signature
r`_;'✓~ 5��7exas
i�' '�� t��f�res 0813�9
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0:/zcu202-06.deedres
EXHIBIT� TO ������_
� Page .�.�.__ of 1 �
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STATE OF TEXAS
,;�; COUNTY OF TARRANT
:�;;:
�"� is instrument was ackn wled�ed before me on the �� day of
��,�ber , 2002, by �b CYlopre
:[ :; 1
� SEAL '�`�
r:,'
' Kathleen A. Neiswender Notary Pub(ic Signature
2�jPPV PuB�C`
* � � NOTARY PUBLIC
STATE OF TEXAS
�jqJf OF t�+P My Comm.Exp.8-22-2004
,i.�x:
"� STATE OF TEXAS
COVNTY OF TARRANT
`°°� �-v day of
4 ° This instrument was ackno ledged before me on the
_ �.,.,
.- D C-t" , 2002, by /�a�r v�r� C . S +�h� S� ��r�
".� /� �
� _ �' C�� ��
�-�T SEAL ✓
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,;�. Notary Public Sign re
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EXECUTED on this the l� day of o v'�.�7�-.,��6A�
The C�f Grapevi Texas �� ��'�`��'"�-��M .�.
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��
BY _ ��,
ri:�.
,�\✓a.
Roger Nelson, City Manager w
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0:/zcu/Z02-06.deedres
� s_ EXHIBIT__�L_ TO , � oa�`
Page __.�._ of �—�,
' �� STATE OF TEXAS
;m�....
COUNTY OF TARRANT
This instrument was acknowledged before me on the ��� day of
/�cv�w�.B� , 200',�;, by Roger Nelson, City Manager for the City of Grapevine.
.F
���-��
- �o.�Y^� � JODI C, BROWN ota Public Signature
`.J'* Notary Public
° STATE OF TEXAS
' �� �'�oF`�''� My Comm. Expires 05-30-2004
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. ' , , EXHIBIT..II� TO �X � �� C��'��a'2-��
, Page � of ..�_
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EXHIBIT A
LEGAL DESCRIPTION
^�
BEING all that tract of land in the City of Grapevine, Tarrant County, Texas, a part of the G.W.
;��p; Minter Survey, Abstract No. 1083, and being all of that 30.78�acre tract of land conveyed to The
Gardner 360 WLC Partnership-East as recorded in Volume 15348, Page 76, Tarrant County Deed
s,:: Records, and being all of that tract of land conveyed to Marvin C. Sims, Jr. as recorded in Volume
_;.6= 8362, Page 2134,Tarrant County Deed Records, and being all of that tract of land conveyed to the
Bobby Moore Family Limited Partnership as recorded in Volume 12902, Page 238, Tarrant County
Deed Records,and being further described as follows
� �
BEGINNING at a five-eighths inch iron rod found at the southwest corner of said 30.787 acre tract
of land, said point being in the east line of Euless-Grapevine Road(a variable w�dth right-of-way),
�� said point being the northwest comer of said Sims tract of land;
THENCE along the west line of said 30.787 acre tract of land and along the east line of Euless-
Grapevine Road as follows:
North 00 degrees 37 minutes 39 seconds West, 959.72 feet to a five-eighths inch iron rod
found for corner;
- North 00 degrees 31 minutes 20 seco�ds West, 264.16 feet to a one-half inch iron rod found
for corner;
;i':�:
`"� • ° THENCE East,409.55 feet to a one-half inch iron rod found for corner;
,� `: �� THENCE South, 260.00 feet to a one-half inch iron rod found for corner;
i
THENCE South 69 degrees 56 minutes 15 seconds East, 200.00 feet to a one-half inch iron rod
. found for corner;
f ;,
:� ;
THENCE North 61 degrees 39 minutes 33 seconds East, 230.00 feet to a concrete monument found
.� for comer, said point being in the southwest line of State Highway No. 360 (a variable width right-
of-way);
THENCE along the east line of sa.id 30.787 acre tract of land and along the southwest line of State
Highway No. 360 as follaws:
South 24 degrees 35 minutes OS seconds East, 149.86 f�et to a"X" in concrete found for
corner;
South 08 degrees 45 minutes 19 seconds East, 36.40 feet to a"X" in concrete found for
corner;
South 24 degrees 25 minutes 02 seconds East, 49.98 feet to a concrete monument found
for corner;
THENCE South 65 degrees 34 minutes 58 seconds West, 159.36 feet to a one-half inch iron rod set
µ�, . for corner;
�..�
,
� - � � � EXHIBIT� TO rx � a� D��a�-T�
� �. Pa�e ..,.....�.... Cf �.�
�;,,,ry THENCE South, 713.08 feet to a one-half inch iron rod found for corner in the south line o�said
30.787 acre tract of land;
�,:�
THENCE South 89 degrees 23 minutes 54 seconds West, 108.46 feet along the south line of said
30.787 acre tract of land to a one-half inch iron pipe found at the northeast corner of said Sims tract
of land;
THENCE South O1 degrees 25 minutes 50 seconds East, 316.16 feet to a five-eighths inch iron rod
found at the southeast corner of said Moore tract of land;
THENCE South 89 degrees 14 minutes 27 seconds West, 620.27 feet to a five-eighths inch iron rod
found at the southwest comer of said Moore tract of land, said point being in the east line of Euless-
Grapevine Road;
THENCE North O1 degrees 43 minutes 42 seconds West, 317.89 feet along the east line of Euless-
Grapevine Road to the POINT OF BEGINNING and containing 1,024,942 square feet or 23.529
acres of land.
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D202360479
CITY OF GRAPEVINE
POB 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 CLERK
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
`�F 203102403 DR92 D W 12/16/2002 14 : 16
` -' INSTRUMENT FEECD INDEXED TIME RECVD
,:a� ���
�;�;:: 1 D202360479 WD 20021216 14 : 16 CK 253945
T O T A L : DOCUMENTS : Ol F E E S : 31 . 00
:"r
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.
�;:.,
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