HomeMy WebLinkAboutORD 1995-098 ��
ORDINANCE NO. 95-98
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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 Z95-19 ON A
TRACT OF LAND DESCRIBED AS BEING 2.779 ACRES OF
LAND OUT OF THE H. DECKER SURVEY, ABSTRACT
N0. 438, AND THE W. D. SHEPHERD SURVEY,
ABSTRACT NO. 1394 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 "R-7.5" SINGLE-
FAMILY DISTRICT REGULATIONS TO "R-MF-1 " MULTI-
FAMILY 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 (52,000.00) 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
�a�
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
originalty 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.
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ORD. NO. 95-98 2
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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 as Appendix "D” of the City Code of Grapevine, Texas, be, and the same is
hereby amended and changed by Zoning Application Z95-19 to rezone the following
described property to wit: Being a 2.779 acre tract of land out of the H. Decker
Survey, Abstract No. 438 and the W. D. Shepherd Survey, Abstract No. 1394, and
proposed to be replatted as Lot 2, Block 1 , Timberline Education Addition (3100
Timberline Drive), more fully and completely described in Exhibit "A", attached hereto
and made a part hereof, which was previously zoned "R-7.5" Single-Family District
Regulations is hereby changed to "R-MF-1 " Multi-Family District Regulations, all in
accordance with a concept plan approved pursuant to Section 45 of Ordinance
No. 82-73, attached hereto and made a part hereof as Exhibit "B", provided, however,
that the property described in Exhibit "A" shall be governed by the deed restrictions
in Exhibit "C", attached hereto and made a part hereof.
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.
"�`a� 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.
ORD. NO. 95-98 3
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
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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 (52,000.00) and a separate offense shall be
deemed committed upon each day during or on which a violation occurs or continues.
Section 8. 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 December , 1995.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the t6th day of
January , 1996.
:�,�
APPROVED:
� .�
William D. Tate
Mayor
ATTEST:
a�
Linda uff
City Secretary
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ORD. NO. 95-98 4
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APPROVED AS TO FORM:
� � �s
John F. Boyle, Jr.
City Attorney
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ORD. NO. 95-98 5
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EXHIBIT � ,Tp G�r,G- �',j y�
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BEING a parf of Lot 1, 81ock 1, A�emoriol 8a fist
G�apevine, Texas, as recorded in Volume 388P17gCpa9e gOc Plof'Records,thTaf�a�tof
County, Texvs (PRTCT), sifuated in the H.
�' the W.p, Decker Survey, AbstracJ No. 438,pnd
Shepherd Survey, Abstracf No, i 3gq, a�d being more parficularly
described by mefes and bounds as follows:
BEGINNING at a 5/8° iron pir, sef in the eosferly right-of-way o( 7imberline Orive
(65 foof ROW), Sa�d pa�nt being ihe northwesf corner of said AAemorial
8aptist Church Inc. Addition;
THENCE N 82 02'00" E, a distance of 4Q9.50 feet to a point for corner;
TH�NCE N 70 40�Q0" E, a distance of i t0.d3 feet to a po;nt for corner;
THENCE S 47 pg'pg^ E, a distanca of 108.3& feet to a point for corner;
THENCE S 40 34'3g" W, a disfance of 160.06 feet to a paint for }he
beqinning of a curve }o the lefi having o radius of 125.00 feef, a
central a�gle of 18 26'25", with a long chord bearing S31 21�22"W
a disfance of d0.06 feet;
THENCE Southarly oiong said curve to the left on orc distance of 40.23 feet to
a point for the beginning of o curve to the right having a radius of
173•71 feet, o central ong�e af 50 35'25", with a long chard bearing
S47 25'S5"W a distance of 14$,45 feet;
� 7HENCE Southerly along said ��rve �o +he right on arc distance of 153.3$ feet
to a point;
��
rHENCE S 72 43'38" W, a distQnce of 85.81 to Q
curve fo the leff hav;ng a rodius of 42.00 pfeet, f a rcentrale arngle 9a{ f a
� 35 51'39", with a long chord bearing S 54 47'4g•• yy
25.86 feet; a distance of
THENCE Southerfy Q�o�9 said curve to the leff an orc distonce of 26.29 feet to
a point for the begi�ninq a{ a curve to the right having a radius of
20.00 feet, a central angle of 27 12'p2^, w;fh a long chord bearing
S50 28'Qp"W a disfance of 9.41 feet;
THENCE Soufhwesferi
y along said curve to the right an arc distance of 9.49
hset to a poinf for the beginning of o curve to the right heving a redius ;
of 77Q.27 feei, a central angle of 2$ 06'OS", with o Ieng chord
bearing N41 37'22"��y a distance of 394.48 feef;
THENCF Northerfy alony soid curve to the right an orc length of 377.7g fet fo r
the POINT OF 8EGINNING ond confaining 127,p71 square feet or 0
i.; �
2•779 acres oi Iand more or less. ;
F�\WOR�\GOROON\1�E�LOT2 �
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Lots 1-6 �
Vol. 388-200, Pg.74 Q1"0°'""°
Zoned R-3.5 �� "C°T""°
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<I< CRAP6YpiL C7TY COUNCIL• � .
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NOTC A CONDRIONAL USL PERYR tl BANNG APPLIEC fOR T9 AIIA11 A �y�� � ���-•.. �- -
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A DAY GR�C6M6R U96 RRI�N TH6 IV-1 EONINC D�IGNATION T'!�
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RO.I.DtDICATION a O.ON�O{'! � . � . �
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PAOPOSm 20NING: C.U. Yt-� �,�
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. "' P�wnNo-. aa sP�CII.s HC ss SP�ta a s RC AN ADDRION TO
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� 'raru.�nwce: am �.� THE CITY OF GRAPEVINE
� RO.�.DLDIG17fON o.000 p so.ir.) aw� TARRANT COUN7'1, 1'SXAS
y� nsr,�cxucc azss x�
�; BSING A REPG7 OP LOT 1. BIACK 1,yBY0R1Ai.BApTIST CNppCy ApD17'ION
R� TO TH6 CI7Y OP GRAPBYINB AS II1,Ep IN WLU11B 380-17e.PAC6 Y0.PR7Y.T
neOD S1A'1EIIm'fi:Aecurdin�b Commuel(�PaoN xoa 16{�9COYp8X k 4M�i �ryD BpNC A REPIA7 OI LOT 1. BIACIC 1,TIYHERLIN6 EIPYENTARY ADDRION
of lAe N�Wa�I rlood townnes PnLnm WP,►lood Imunooe Wle Wy o(
� PW�nI Smer[e:)Weapmrol Apnc�.1Wvd Iduraec�Adminbtratlen.�i '�'�'�S CITY Oi CRAPBYOiB AS P718D IN VOLU46 9Ba-1BS.PAGB 91.PRTCT
Flood Zone 7I. AIcA b�o�..p«ui nooa e.:,.a�rw If thb�14 Is nol i
�.n.�nooa n+,+ra re..�eu nooa.�e.m.ni ew.noc impV�e,�w.p,e NOVENBER, 1995
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CU6S-92
SP95-H
BZA95-46
E;�H��l�'� TO ��- QS- ��
�a�e ._....!._ Of ...=._
�' DECLARATION OF COVENANT
AND
DEED RESTRICTIONS
THE STATE OF TEXAS .
COUNTY OF TARRANT �
Know all men by these presents AWOL, Inc. is owner in
fee simple of certain real property consisting of approximately
2 .779 acres located in Tarrant County, Texas. Being more
particularly described as Lot 2, Block 1 , Timberline Education
Addition (the "Property" or the "Addition" ) .
Declarant hereby covenants and agrees that Declarant, and
its Successors and Assigns, shall maintain and use the property,
with the following deed restrictions, to wit: Land use
The uses shall be limited to a child care facility and
related services and churches, convents and other places of
worship.
Upon a written request being submitted by the Declarant
� ,_ 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 zoning change on the property.
The City Manager or Designee, through authorization by majority
vote of the City Council of Grapevine, Texas and AWOL, Inc. ,
Successors or Assigns, must sign the document to be 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 duties and powers in so
far 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 Covenant and Deed Restrictions .
'�"' These Covenants are perpetual unless canceled or modified by
mutual agreement of the parties .
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EXH181 T� TO G�'`�" �`���
Page � of _�___
�^� Page 2.
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These res�trictions inure to the benefit of 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
as a 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 the "Property" and any person be acceptance of the
title to any of the "Property" shall thereby agree and covenant
to abide by and fully perform the foregoing restrictions and
covenants.
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EXH191T� TO �t.��'S-9�'
Page _�_ of _3_____
''"�" Page 3 .
'� EXECUTED on thi s�� day of -l.-J , 1 9 9 5 .
AWOL, In . +
by:
Pam Mueller
President
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the /� day
of�, 1995, by Pam Mueller, President of AWOL, Inc. , a Texas
cor oration, on behalf of said corporation.
�.���,
=ptP0.Y pUB��� GERRiE A. ANDERSON � J,�,�
# * Notary Pubiic Nota y Public Signature
sf Py STATE OF TEXAS
^�''^. 'lf oF�.� My Camm.Exp.08l19/98
'� EXECUTED on this day of , 1995.
The City of Grapevine, Texas
By:
Trent Petty, City Manager
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this day
of , 1995, by Trent Petty, City Manager for the City of
Grapevine.
Notary Public Signature
�Il�r,r