HomeMy WebLinkAboutItem 16 - Z02-02 RiverwalkSTEM 0
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER
MEETING DATE: APRIL 16, 2002
SUBJECT: ZONE CHANGE REQUEST Z02-02
RECOMMENDATION:
Staff recommends Council consider approval of the second reading of Zone Change
Request Z02-02 and take any other action necessary.
BACKGROUND:
Council considered and approved on the first reading of an ordinance a request by Mr.
Jerry Stone to rezone approximately 71 acres from "PID" Planned Industrial
Development District to "R -MF -1" Multifamily District for the development of a 600 -unit
apartment complex. As a part of the zone change request, Mr. Stone voluntarily
submitted deed restrictions to demonstrate to Council his intentions to develop a project
that is similar in scope to his other apartment projects in the immediate vicinity. The
deed restrictions have subsequently been revised per Councilperson Spencer's
comments (removal of "sunset clause"). Additionally, revisions to the zoning ordinance
necessary for Mr. Stone to develop the property will be considered during the joint public
hearing process of this meeting. Assuming a positive outcome relative to the zoning
ordinance amendment, all conditions necessary for approval on the second reading of
an ordinance for Zone Change Request Z02-02 have been met.
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0:\ZCU\Z02-02.41
April 10, 2002 (10:26AM)
g 11
DECLARATION OF RESTRICTIVE COVENANTS
THIS DECLARATION OF RESTRICTIVE COVENANTS (this "Declaration') is made as of this
day of , 2002, by the CITY OF GRAPEVINE, a Texas Home Rule City located principally in
Tarrant County, Texas ("City'), and Wallcon Equities, Ltd., whose principal address is 5500 Preston
Road, Suite 220, Dallas, TX 75205 ("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 3900 Grapevine Mills Parkway, Grapevine, Texas 76051 (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.
Limitations and Restrictions as to Use — The Property shall be renovated and redeveloped
in accordance with and in compliance with the following:
(a) Architectural style similar to that of the existing multi -family project
located at 3701 Grapevine Mills Parkway, Grapevine, Texas 76051,
which elevations are attached hereto as Exhibit "B";
(b) The total number of multi -family units on the Property will not exceed
600;
(c) At least 60% of the multi -family units will have in-line garages with
direct access to and from the multi -family unit;
(d) The average unit size for the multi -family units on the Property will be at
least 950 square feet; and
(e) The Property will contain park and lake areas similar to those included in
the submittal to the City dated February 4, 2002 and attached hereto as
Exhibit "C".
2. Issuance of a Building; Permit. The issuance of a building permit by the City for
improvements on the Property will be confirmation that the improvements contemplated
by the building permit are in compliance with this Declaration.
3. Issuance of a Certificate of Occupancy. The issuance of a certificate of occupancy by the
City for improvements on the Property will be confirmation that the improvements on the
Property at the time of the issuance of the certificate of occupancy are in compliance with
this Declaration.
DECLARATION OF RESTRICTIVE COVENANTS PAGE I
4. Amendments — This Declaration may be amended only pursuant to a written amendment
executed by City and the then current owner of the Property and recorded in the Deed
Records of Tarrant County, Texas.
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 the Declaration, either
to restrain violation or to recover damages. Failure by the City to enforce any provision
of the 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.
6. 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.
7. 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.
Nothing herein, in any manner, shall preclude the City from exercising it's police power,
including the zoning and rezoning of the Property.
DECLARATION OF RESTRICTIVE COVENANTS PAGE 2
m
EXECUTED as of the date above written.
City Secretary
Linda Huff
City Attorney
John F. Boyle, Jr.
CITY OF GRAPEVINE
Roger Nelson, City Manager
AGREED TO BY OWNER
Owner
DECLARATION OF RESTRICTIVE COVENANTS PAGE 3
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, on this day personally appeared Roger Nelson, 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 , 2002.
Notary Public in and for the State of Texas
My Commission Expires:
STATE OF TEXAS
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 , 2002.
Notary Public in and for the State of Texas
My Commission Expires:
DALLAS 5891623 3016.89
DECLARATION OF RESTRICTIVE COVENANTS PAGE 4
" Exhibit A "
PROPERTY DESCRIPTION
�r BEING a 67.5661 acre tract of land situated in the J.M. Baker Survey,
Abstract No. 167, Tarrant County, and in the City of Grapevine, Texas,
said tract being a portion of that tract conveyed to Ray Wallace from
C.K. Simmons and Irene Simmons, in Volume 568, Page 195, and Volume
4575, Page 100, Deed Records, Tarrant County, Testas, and all of that
tract conveyed to said Ray Wallace from Mary Flake in Volume 4880, Page
601., Deed Records, Tarrant County, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8" iron rod found for corner in the easterly Line of
F.M. 2499 (1.60' R.O.W. at this poLnt), said corner being the southwest
corner of said tract conveyed to Ray Wallace from Mary Flake and also
being in a northerly line of a tract conveyed to H.A. Grapevine Joint
venture by deed recorded in Volume 11635, Page 2042, Deed Records,
Tarrant Count°t, Texas, said corner also being the beginning of a curve
to the left having a central angle of 45018138", a radius of 3330.00
feet and a chord bearixxg and distance of M26050'45'W, 2565.34 feet;
THENCE departing said northerly line and along said easterly line of
F.M. 2499 and with said curve to the left an arc distance of 2633.43
feet to a 5/8' iron rod found for corner in the co=cn line between the
aforementioned City of Grapevine, Texas, and the Town of Flower Mound,
said corner also being in the county luxe between the aforementioned
Tarrant County and Denton County;
THENCE S87029130'E, departing said easterly line and along said common
line and county line, a distance of 2280.43 feet to a 5/8" iron rod
found for cornea;
THENCE S06024151"E, departing said common line and county line, a
distance of 958.09 feet to a 5/8' iron rod found for corner inside a 2"
iron pipe found said corner being a. reentrant corner of a tract
coriveyed to Robert S. Beall in Volume 12393, Page 1397, Deed Records,
Tarrant County, Texas;
THENCE S87138'52"W, along a north line of said Beall tract, a distance
of 494.54 feet to a 5/8' iron rod found for corner at an ell corner of
said Beall tract;.
TH=CE S00059'47"W, along a west line of said Beall tract, a distance
of 1258.85 feet to a point for corner in a northerly line of the
aforementioned H/A Grapevine Joint Venture tract;
THENCE S670391290W, along said northerly line, a distance of 205.82
feet to a point for corner;
THENCE N76059'31"W, continuing along said northerly line, a distance of
534.12 feet to the POINT OF BEG1;=NG and containing 2,943,1.79 square
feet or 67.5661 acres of land, more or less.
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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 Z02-02 ON A TRACT
OF LAND OUT OF THE J.M. BAKER SURVEY, ABSTRACT
NO. 167, 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 "PID" PLANNED INDUSTRIAL
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 SEVERABILITY; DETERMINING THAT THE
PUBLIC INTERESTS, MORALS AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT THEREIN
MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas by making applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas as required by State statutes and the zoning
ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and
prerequisites having been complied with, the case having come before the City Council of
the City of Grapevine, Texas after all legal notices, requirements, conditions and
prerequisites having been complied with; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council did consider the following factors in making a determination as
to whether these requested changes should be granted or denied; safety of the motoring
public and the pedestrians using the facilities in the area immediately surrounding the site;
safety from fire hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular and
stationary lights and effect of such lights on established character of the neighborhood,
location, lighting and types of signs and relation of signs to traffic control and adjacent
property, street size and adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate neighborhood, adequacy of
parking as determined by requirements of this ordinance for off-street parking facilities,
location of ingress and egress points for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust, effect on the
promotion of health and the general welfare, effect on light and air, the effect on the
transportation, water sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council of the City of Grapevine, Texas did consider the following factors
in making a determination as to whether this requested change should be granted or
denied; effect on the congestion of the streets, the fire hazards, panics and other dangers
possibly present in the securing of safety from same, the effect on the promotion of health
and the general welfare, the effect on adequate light and air, the effect on the
overcrowding of the land, the effect on the concentration of population, the effect on the
transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, the City Council further considered among other things the character
of the district and its peculiar suitability for particular uses and with the view to conserve
the value of buildings, encourage the most appropriate use of land throughout this city; and
WHEREAS, the City Council of the City of Grapevine, Texas does find that there is
a public necessity for the zoning change, that the public demands it, that the public interest
clearly requires the amendment, that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and does find that the change in
zoning lessens the congestion in the streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides adequate light and air;
prevents the overcrowding of land; avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage, schools, parks and other public
requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas has determined that
there is a necessity and need for this change in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the property requested for a change since this property was originally
classified; and, therefore, feels that a change in zoning classification for the particular piece
of property is needed, is called for, and is in the best interest of the public at large, the
citizens of the City of Grapevine, Texas and helps promote the general health, safety, and
welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
ORD. NO. 2
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z02-02 to rezone the following described
property to -wit: being approximately 71 acres out of the J.M. Baker Survey, Abstract
No. 167, Tarrant County, Texas, more fully and completely described in Exhibit "A",
attached hereto and made a part hereof, which was previously zoned "PID" Planned
Industrial Development District is hereby changed to "R -MF -1" Multifamily District
Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as
amended.
Section 2. The City Manager is hereby directed to correct the official zoning map
of the City of Grapevine, Texas to reflect the herein change in zoning.
Section 3. That in all other respects, the use of the tract or tracts of land herein
above described shall be subject to all the applicable regulations contained in said City of
Grapevine zoning ordinances and all other applicable and pertinent ordinances of the City
of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein established have
been made in accordance with the comprehensive plan for the purpose of promoting
health, safety, morals and the general welfare of the community. They have been
designed with respect to both present conditions and the conditions reasonably anticipated
to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from
fire, panic, flood and other dangers; provide adequate light and air; to prevent
overcrowding of land, to avoid undue concentration of population, facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, parks and other
public requirements, and to make adequate provisions for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
Section 5. This ordinance shall be cumulative of all other ordinances of the City
of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
ORD. NO. 3
INS 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.
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 first reading on this the 19th day of March, 2002.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 16th day of April, 2002.
UNINVISIn"s
ATTEST:
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ORD. NO. 4
C:\W1ND0WS\TEMP\PR0PERTY DESCRIPTIOLdoc
PROPERTY DESCRIPTION
BEING a 70.9155 acre tract of land situated in the J.M. Baker Survey,
Abstract No. 167, Tarrant County, and in the City of Grapevine, Texas,
said tract being a portion of that tract conveyed to Ray Wallace from
C.K. Simmons and Irene Simmons, in volume 568, Page 195, and Volume
4575, Page 100, Deed Records, Tarrant County, Texas, and all of that
tract conveyed to said Ray Wallace from Mary Flake in Volume 4880, Page
601, Deed Records, Tarrant County, Texas, and being more particularly
described as follows:
BEGINNING at a 5/8" iron rod found for corner in the easterly line of
F.M. 2499 (1601 R.O.W. at this point), said corner being the southwest
corner of said tract conveyed to Ray Wallace from Mary Flake and also
being in a northerly line of a tract conveyed to H.A. Grapevine Joint
Venture by deed recorded in Volume 11635, Page 2042, Deed Records,
Tarrant County, Texas, said corner also being the beginning of a curve
to the left having a central angle of 45037106", a radius of 3330.00
feet and a chord bearing and distance of N26059'59"W, 2581.84 feet;
THENCE departing said northerly line and along said easterly line of
F.M. 2499 and with said curve to the left an arc distance of 2651.31
feet to a 5/811 iron rod found for corner in the common line between the
aforementioned City of Grapevine, Texas, and the Town of Flower Mound,
said corner also being in the county line between the aforementioned
Tarrant County and Denton County;
THENCE S8702913011E, departing said easterly line and along said common
line and county line, a distance of 2280.43 feet to a 5/811 iron rod
found for corner;
THENCE S0602415111E, departing said common line and county line, a
distance of 958.09 feet to a 2" iron pipe found for corner;
THENCE S6056108"E, a distance of 118.87 feet to a 5/811 iron rod found
for corner inside a 2" iron pipe found said corner being a reentrant
corner of a tract conveyed to Robert S. Beall in Volume 12393, Page
1397, Deed Records, Tarrant County, Texas;
THENCE S8703815211W, along a north line of said Beall tract, a distance
of 494.54 feet to a 5/8" iron rod found for corner at an ell corner of
said Beall tract;
THENCE S00059147"W, along a west line of said Beall tract, a distance
of 1258.85 feet to a point for corner in a northerly line of the
aforementioned H/A Grapevine Joint Venture tract;
THENCE S6703912911W, along said northerly line, a distance of 205.82
feet to a point for corner;
THENCE N7605913111W, continuing along said northerly line, a distance of
534.12 feet to the POINT OF BEGINNING and containing 3,089,078 square
feet or 70.9155 acres of land, more or less.
CAWINDOWS\TEMPTROPERTY DESCRIPTIOLdoc
RIVERWALK APARTMENT
PROJECT
GRAPEVINE, TEXAS
DUKE, INC.
MARCH, 2002
NATHAN D. MAZER
N
D�\ / I CONSULTING ENGINEERS, INC.
Dallas, Texas
(214) 739.4741
RIVERWALK APARTMENT PROJECT
rl Introduction
The Riverwalk Apartment is a 600 unit upscale apartment project to be constructed along Denton
Creek and FM 2499 in far north Grapevine. The project will feature a significant amenity and
landscaping package including water features, trails, and an activity area. Construction will be
similar to the recently completed Silver Oaks Apartment project on the west side of FM 2499.
This property is currently zoned PID and is largely in the 100 year flood plain. The development
plan includes rezoning the property to R -MF -1 and reclaiming approximately 27 acres from the
flood plain.
Project Description
The tract is bounded by the City of Flower Mound along the north, Denton Creek along the
south, and FM 2499 along the west. To reclaim any of this property from the floodplain will
require a permit from the City of Grapevine, a 404 permit from the Corps of Engineers, and a
Conditional Letter of Map Revision from FEMA. A preliminary analysis indicates that about 27
acres may be reclaimed once these permits are obtained.
The proposed entrance to the Riverwalk Project will include a bridge -class box culvert of
sufficient size to accommodate storm water passage. The aesthetic treatment of the bridge
structure will be enhanced by the design of an excavated lake in conjunction with the storm
water detention areas. The proposed excavated lakes will generally conform to the conceptual
plan prepared by the landscape architect.
Slide Presentation Outline
1. Site Location
This slide shows the site and its proximity to the Silver Oaks Apartments and to
Grapevine Mills Mall.
2. Site Boundary
This slide shows the site boundary and how it fits in the natural environment.
3. FEMA Floodplain
This slide shows the FEMA floodplain.
4. Ultimate City of Grapevine Floodplain
This slide shows the larger City of Grapevine ultimate floodplain.
5. Floodplain Reclamation Engineering Plan
This slide shows the reclamation plan with the pond and fill for the building site from an
engineering standpoint.
March 19, 2002
Riverwalk Apartment Project
C0i
7.
Concept Plan
Page 2
This slide shows the site plan as depicted by the landscape architect. The landscape plan
shows water features, trail, overlook area, activity area, and tree preservation within the
area excavated for storm water detention. It also shows the building layout, parking,
landscaping, and entry features.
Elevation View of Silver Oaks Apartments
This slide shows the River Oaks Apartments on the west side of FM 2499 and south of
the Riverwalk project. Riverwalk will be constructed in a similar fashion.
March 19, 2002
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