HomeMy WebLinkAboutORD 1995-099 ORDINANCE NO. 95-99
�
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN
ACCORDANCE WITH SECTION 48 OF 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, BY: (1)
GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF
SECTION 47E.2 PURSUANT TO SECTION 47F OF
ORDINANCE N0. 82-73; (2) GRANTING CONDITIONAL
USE PERMIT CU95-32 TO ALLOW A DAY CARE FACILITY
IN A DISTRICT ZONED "R-MF-1 " MULTI-FAMILY DISTRICT
REGULATIONS ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION 47 OF ORDINANCE
N0. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS
AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS
'� CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
(52,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Commission of the
City of Grapevine, Texas, as required by State statutes and the zoning ordinance 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 this requested conditional use permit 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
�r,,,,,. 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 overcrowding
of the land; the effect on the concentration of population; 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 conditional use permit
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, 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, all of the requirements of Section 48 of Ordinance No. 82-73 have
been satisfied by the submission of evidence at a public hearing; and
�..�
WHEREAS, the City Council further considered among other things the
� � character of the existing zoning district and its peculiar suitability for particular uses
and with the view to conserve the value of buildings and 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 granting of this conditional use permit, 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
WHEREAS, the City Council of the City of Grapevine, Texas, does find that the
conditional use permit lessens the congestion in the streets, helps secure safety from
fire, panic and other dangers, 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 conditional use permit 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 the issuance of this
conditional use permit for the particular piece of property is needed, is called for, an
ORD. N0. 95-99 2
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 pursuant to Section 47F of Ordinance No. 82-73, as amended,
the City Council hereby grants a waiver to the specific requirements of Section 47E.2
of Ordinance No. 82-73, as amended.
Section 2. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning
Ordinance of the City of Grapevine, Texas, same being also know as Appendix "D"
of the City Code, by granting Conditional Use Permit No. CU95-32 to allow a day care
facility using the existing church facilities (World of Learning Preschool) in a district
zoned "R-MF-1 " Multi-Family District Regulations within the following described
property: Proposed to be replatted as Lot 2, Block 1 , Timberline Education Addition)
13100 Timberline Drive), more fully and completely described by Exhibit "A", attached
hereto and made a part hereof, all in accordance with a site plan approved pursuant
to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as
*�"� Exhibit "B", and all other conditions, restrictions, and safeguards imposed herein,
including but not limited to the following: the property desribed in Exhibit "A" shall
� be governed by deed restrictions in Exhibit "C", attached hereto and made a part
hereof.
Section 3. The City Manager is hereby directed to amend the official zoning
map of the City of Grapevine, Texas, to reflect the herein conditional use permit.
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.
Section 5. 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 safely 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
ORD. NO. 95-99 3
conserving the value of buildings and encouraging the most appropriate use of land
throughout the community.
Section 6. 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
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. 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 9. That this ordinance shall become effective from and after the date
of its final passage, and it is accordingly so ordained.
Rz.
�.-- 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 16th day of
January , 1996.
APPROVED:
William D. Tate
Mayor
�
�r
ORD. NO. 95-99 4
�x�
ATTEST:
� r
Linda ff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
.�.,�
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ORD. NO. 95-99 5
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BEING o parf of Lot 1, Block 1, Memoriol Bapfist Church Inc. Addition fo the C;ty o{
Grapevine, Texas, as recorded in Volume 388-17g, pa9e 90, Plat Records, Torranf
County, Texas (PRTC7), situated in the H. Decker Survey, Abstrocf No. 438,�nd
the W.D. Shepherd Survey, Abstract No. 1394, and being more parficulorly
described by metes and bounds as follows:
BEGINNING af a 5/8" iron pin set in the easierly right—of—way of 7imberline Drive
(65 foof ROW), said point being the northwest corner of said Memorial
Baptist Church Inc. Addition; -
THENCE N 82 02�00" E, a distance of 409.50 feet to o poin} for corner;
THENCE N 70 40�00" E, a distance of 110.43 feet to a poin} fo� corner;
THENCE S 47 08'09" E, a distance of 108.36 feet to a point tor corner;
THENCE S 40 34'38" W, o distance of 160.06 feet to a point for the
beginning of a curve to the leff having a rodius of 125.00 feet, o
cent�al angle of 18 26'25^, with a long chord bearing S31 2�22^yy
a distance of 40.06 feef;
THENCE Soufherly along safd curve to the left an arc distance of 40.23 feet to
a point for the beginning of o curve to the right having a radius of
173.71 feef, a central angle of 50 35'25", with a long chord bearing
S47 25'S5"W a distance of 148.45 feet: E
� rHENCE Southerly along said curve to the rigM an a�c distance of 153.38 feet
to a point;
�r. ,.
THENCE S 72 43'3g" yy, a distonce of 85.81 to a `
curve to the left havin Pa��t for the begi�ning of a C
�, ,,, 35 51�39", with o lon 9 ho dd'bear�i� 4 S'004 f 47'48" cWntrol ongle of
25.86 feet; 9 9 a distance of
E
THENCE h
Southerly along said curve to the Ieft on arc disfance of 26.29 feet to
a point for the beginning of o curve to fhe right havi�g a radius of !
20.00 feet, o central angle of 27 12'p2^, wfty a �0�9 chord bearing F
S50 28'00"W a distance of 9.41 feet;
THENCE Southwesterly olong said curve fo the right an orc distance of 9.49 '.
Neet to a poinf for the beginning of a curve to the right having o radius ;
of 77p,27 feef, a cenfral angle of 28 06'05", with a long chord
bearing N41 37'22"W a d;sta��e of 394,48 feet; °
:
TNENCE Norfherly Qlong said curve to fhe right on orc length of 377.79 fet to 6
the POINT Of BEGINNING ond confoining 121,p77 square feet or ,i�
'' 2.779 acres of land more or less.
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, (i.P.s.) ` \ i LOT 2
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� �P L�39&9J' \� �9�i A�D,oO VICIN�N MAP
n�� 1C��5391.�8'�� � ��� CI7Y OP CRAPBYOi6
J�C � Q ` PIANNINC t ZONINC COYYL4SION
� ASPEN OAKS �� 9�L � DA7L"�"r�
Lots 1-6 F�
Vol. 388-200, Pg.74 � ���
sicr�r�r:
Zoned R-3.5 �.
�i�
�li CRAP6YR16 C1TY COUNCIL•
wa urroveo,
N07E:A CONDRIONAL US[PERYR B BlMG APPI�RD�OR TO ALDt A W�
A DAY CAIR C6NT6A U36�RIOM iH6 IP-1 fANINC D�ICNATION
CRY�f.74TARY:
Y�6i0 lU�li IA6 WlICIIAiION�
10�DOIlRY R�lIDmRI�L(0 70 4 UNR!PtR ACA
�INlO�i�nOM: !Rt ACRGCL TOTAL BVORt R.0.t.D6qCAT10N�
0.0.f.DIDICA7ION�O.ON�CAt9
S�R�CRGCt fOTLL A►I6t R0.�.DtDIG710N�6
srs�ee.e� wswowu.e�rnsr cxuxcx ZONING IXHIBIT
s�ao nresw�Ne nwve g7Qy�NG SITB
CRAPEV[N&TEXAS �eosi-s
u,r trrPOau.non: inr��ro e�x�na�i �_
3100 T[1iBERLNB DRIVE
mmHC mmxc: a-�.e R-1.6 PROPOSED IAT 2, ffiACK 1
. ...`. PROPOS�7ANINC: C.U. M/-1
� �t ��*-��� �*-��*� TIMBERLINE EDUCATION ADDITION
PNOPOSiG-SCNOOL PROP09m-DAY C
P�Ula�w: aa ae�RS.s ec es arACO s a xc �!(ADDRION TO
mru.u.xs�c� asn z.»o
THE C[TY OP GRAPEVINE
Ro.�.om�noN aoao Is sa.rt.) o.a� TARRANT COUN1'Y, TEXAS
�- „�'���� �'� _'� BHINC A REPGT OP IAT 1, BLOCK 1,YSy0R1AL BAP77ST CHURCH ADDI770N
70 THS CITY 0!CBAPBVQIB AS PILBD IN VOWME 9D6-17B.PAC6 90.PRTCT
►IDOD 4�A'IE118NT:Aeeeed6y b Commuoib P�oel nw.sM.taCOlOSH!ap� AND BONC A REPI,�7 0)tAT 1, BIACK 1.T)YHERLINE OEMENTARY ADDr170N
of IAe N�WnN►lood Wunnca Pro�nm wP.►lood lwannae Ra4 WP ot TO THB C17Y OP GRAP6VW6 AS flLSD IN VOLW16 98B-IB6. PAGS 31. PRTCT
Y�Mr�I 6mer�e 7 Weyem�nl N�oe1.t�dml In�unne�Mminb4atlon,t
tlood 2ona 7I, Akh 1�nol��peclN fiood h�urd�rw.U thb d4 1�nol
rpecw n�a e....a,,..,wi.nooa wam.vi eo.. ��mpq w.i en.pn NOVE!(BER, 1995
th•non�111 W fr.�from fleodln�or flood d�m��.Oo nn ocea�lon�,�n Z96-!Y
� occur�ad Ilood 6sl�hla mq M lnerousd b�m�n-m�d�or n�tunl c�uwa CU05-92
� net rn�4 II�EiII(�en lM p�rl of lLe�urn�er.
sres-u
HZA96-46
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, „ .
• DECLARATION OF COVENANT � C�� y..5'-�/'�
�„� AND EXH181T TO . �
DEED RESTRICTIONS P8�8 _.._.L— Of �-----
�,,.�„ 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
�L°3 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 .
`' � 1 �7i �
' L' C? � i
. Page ^2. EXHIBIT� TO G��' y°��y�
�.., Page � of �--- .
These restrictions 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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• EXHISIT � TO ���' �`S-� '
Page � Of �'�
�
� Page 3. �
EXECUTED on this�� day of �-�?�,�,�1, 1 995.
'�"' AWOL, In .
bY� '�
Pam Mueller
President
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the / �lt day
of ;�C�,�� , 1995, by Pam Mueller, President of AWOL, Inc. , a Texas
cor oration, on behalf of said corporation.
_ ,.._�z�,_.����,:.��..�_��.n�,,::�;.�
���FRx �U�`c �i��RiEA. aN�ERS��� '
2�. � l��-
�, ,� Noiary Pu::Ric Nota y Public Signature
s� s�, S?'ATE OF TEXAS
"�TFr���' My Cu�r,m.Ex�.Q�!3�!98 �
�� . . u�.��J�x�:�-�� .� �
EXECUTED on thi� day of�J�a,nu�-r" , 199�.
'�'' The City of Grapevine, Texas
By: %L
__�
i`
Trent Petty, C`�ty Manager
STATE OF TEXAS
COUNTY OF TARRANT
Thi instrument was acknowledged before me on thi� day
of�c�.r3�0.� , 199�, by Trent Petty, City Manager for the City of
Grapevin .
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,�R�;,� S. �;,VERA x Notary Public Signature
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TEXAS x
x �����.� 41Y �n�;f,y1',SSiON EXPIRES X
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�� D196029264
CITY OF GRAPEVINE
P O BOX 95104
GRAPEVINE, TX 76099
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 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 0 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
196114117 DR91 T003957 02/14/96 13: 32
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INSTRUMENT FEECD INDEXED TIME
� 1 D196029264 WD 960214 13 : 32 CK 015751
T O T A L : DOCUMENTS: O1 F E E S: 13 . 00
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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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