HomeMy WebLinkAboutORD 1995-054 ORDINANCE N0. g5-54
AN ORDINANCE AMENDING ORDINANCE N0. 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 Z95-03 ON A
TRACT OF LAND 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 "R-20" SINGLE FAMILY DISTRICT
REGULATIONS TO "R-12.5" SINGLE 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
�� w 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; DECLARING AN
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
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 retation 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 I,
��. �
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. N0. g5-54 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 Z95-03 to rezone the following
described property to wit: Being a 4.846 acre tract of land out of the J. W. Haynes
Survey, Abstract No. A-788, Tarrant County, Texas, (3056 Hall-Johnson Road), more
fully and completely described in Exhibit "A", attached hereto and made a part hereof,
which was previously zoned "R-20" Single Family District Regulations is hereby
changed to "R-12.5" Single Family District Regulations, all in accordance with Section
' 45 of Ordinance No. 82-73, as amended. Provided, however, that the property
described in Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "B",
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.
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. N0. 95-54 3
,� ,.,
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, propPrty, 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 18th day of .luly , 1995.
APPROVED:
�� �
William D. Tate
� Mayor
ATTEST:
Lin a uff
City Secretary
APPROVED AS TO FORM:
�
��
�, John F. Boyle, Jr.
City Attorney
�
ORD. NO. 95-54 4
zq5-c�
TRACT OF LAND �-�,�/ - �" I
IN '� to Ordinance No. 95-54
��
J. W. HAYNES S(JRVEY, A-788 ����� � � �
TARRANT COUNTY, TEXAS
�
�� The folloWing describe�d tract or parcel of land situated in the
J.W. Haynes SUrvey, A-788, Tarrant County, Te�s and bein� a
portion of a 1.47 acre tract as recrorded on Page 1345, a �ortion
of a 2.014 acre tract as recorded on Page 113 of Volume 10761, a
portion of a 1.4 acre tract as recorded on Page 294 of Volume
10514, and also being a portion of a 10.0 acre tract as recorded
on Page 583 of Volume 2893 in the Tarrant County Deed Records
and Deing more particularly described as follows:
BEGINNING at a found 1/2 inch iron rod at the Southeast corner
;ti of Lot 38, Block 2, GREENBRIAR ESTATES, an addition to the City
of Grapevine, •I`arrant County, Texas accocdin� to the plat
recorded on Slide 180 of Cabinet A in the Tarrant County Plat
Records and being in the North line of Hall Johnson Road;
TEiENCE N 1° 09' 22" W alon� the East line of said GREENBRIAR
ESTATES a distance of 138.28 feet to a set 5/8 inch iron rod;
'I4iE2TCE N 0� 18' 48" W along the East line of said GREENBRIAR
ESTATES a distance of 382.15 feet to a set S/8 inch iron rod;
•� THENCE N 88° 30' 40" E a d.istance of 406.35 feet to a set 5/8 '
�. inch iron rod at the Nort!�n+est corner of a tract as conveyed to
o Pat K. Rizos by deed recorded on Page 284 of Volucoe 7229 in the
�' Tarrant County Deed Records:
'�CE S 0� 14' 35" E, at a distance of 106.39 feet a found
1/Z inch iron rod at tt�ee Northw+est corner of a tract as conveyed
to Eienry D. McCollum, et ux Hazel iC. hScCollum by deed recorded
on Paqe 450 of volume 3bS2 in the Tarrant County Deed Records, a
total distance of 237.79 feet to a found 1/2 inch iron rod at
the NorthWest corner of Lot 1, HAYNES SUBDIVISION, to the City
of vrapevine, Tarrant County, Texas according to plat recorded
on Page 2 of Volume 388-159 in the Tarrant County Plat Records;
THENCE S 0° 10' S0" E alon� the West line of said HAYNES
�,��9�a� SUBDIVISION a distance of 282.73 feet to a set 5/8 inch iron rod
�9' 2 and being in the North line of said Hall Johnson Road;
T�iEfACE S 88° 31 ' 05" W along the North line of said Hall
Johnson Road a distance of 403.38 feet to place of beginning,
c�ntaining 4.846 acres or 211 , 105 square feet of land.
According to the rlood Insurance Rate Map for I'arrant County �
and Incor�orated Areas, Cortimunity # 480598, Panel # 65 G,
`�"' dated 1-05-93, subject property does not lie Within a 100-year
Elood hazard area. Subject property liss Within Zone "X" .
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Of ..�._,_
DECLARATION OF COVENANT
� AND
- DEED RESTRICTIONS
THE STATE OF TEXAS
COUNTY OF TARRANT
Know all men by these presents M.M.D.A. Partnership, LTD. ("DECLARANT")
is owner in fee simple of certain real property consisting of approximately 4.86 acres
located in Tdrrant County, Texas. Beinc� more �articularly descri�ed on Exh�bit "A"
attached hereto and incorporated herein for all purposes (the "PROPERTY" or the
"ADDITION").
Declarant hereby covenants and agrees that Declarant, and its Successors and
Assigns, shall develop the property, with the following deed restrictions, to wit:
(1) Distribution circuit lines (as defined by T.U. Electric) gas, cable T.V. and telephone
lines shall be installed underground. Distribution feeder lines (as defined by T.U.
Electric) and all existing lines not associated with development of property may remain
� above ground. Distribution circuit lines are lines rated at 125 amps or less,
°' ' distribution feeder lines are lines rated at 126 amps or more.
. (2) Minimum of 2500 square foot of total air conditioned living area of main residential
structures as measured to the outside of the exterior walls, but exclusive of open
porches, garages, patios and detached accessory buildings.
(3) Each residence shall have a detached or attached garage suitable for parking not �
less than two (2) or more than three (3) standard size automobiles which conforms �
�
i�� d��igr ur� r^at°r:4!� �r�i*.h the mair stru�ture. �
(4) Any vehicular access door or opening of any garage shall face perpendicular to the �
platted front yard setback line. �
(5) No railroad tie or wood timber retaining walls shall be visible=frprr�.public street. N
�°, . —
(6) Minimum lot size no less than 15,000 square feet. a `' � -
(7) Minimum lot width of 100 feet, except for cul-de-sacs. Cul-de-sac lots.,sball be a
minimum of 80 feet wide at the 35 foot building line. Refer to Exhibit "A".
.�.A�,
0:\ZCU\DEEDRE2.PA
1
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� � ��t���ifi� To�-�-�s:�-�.
. 1 Page Of ..�---
. . , �
(8) The total exterior vertical wall area of each dwelling exclusive of doors and
windows shall be at least 75% brick, masonry, or stone.
(9) A structural masonry brick screening wall shall extend across the entire south side
of the property adjacent to Hall Johnson Road. This wall shall match the Greenbriar
Estates screening wall in height and color of brick.
(10) The developer shall file with Tarrant County the "covenants, conditions and
restrictions" to establish a Homeowner's Association for the Birdsong Subdivision
prior to final acceptance of Subdivision by the City of Grapevine.
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 wheth�r
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 City Manager or Designee, through
authorization by majority vote of City Council of the City of Grapevine, Texas and
M.M.D.A. Partnership, LTD., 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 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 Covenant and Deed
Restrictions. These Covenants are perpetual unless canceled or modified by mutual
agreement of the parties.
These restrictions inure to benefit the City of Grapevine, and the City of
i,rapevi��e �:,cs ~:,reUy �es°rve the right t� �rosecute, at iaw 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 tT
be fully binding upon all persons acquiring property within the tract described in 0
Exhibit "A", and any person by 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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2
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� ' EXHIBIT�. TO �9��
• Page �3 of � �
. . ,
EXECUTED on this the ��P day of ��- , 1995. �
�
M.M.D.A Pa ip, LTD.
By:�� -
Ali Pirou '
Chief Operating
STATE OF TEXAS
COUNTY 0�`�`�`�
This instrument was acknawledgec+ before me on the� day �f , 1995,
by Ali Pirouz, Chief Operating Officer of M.M.D.A. Partnershi , LT . a Texas
corporation, on behalf of said corporation.
,1
TERESA E. WALLACE � �/Z�� � �°`��tr`��`J"
:°��Y�P��e`�
��.�, Notary Public otary Public Signature
��1,;� STATE OF TEXAS
'"+f°°o�s�+ My Comm. Exp. i 1108196
� °° EXECUTED on this the �/ - day of , :-,, 'f 995.
The City of Gr vine, Texas
r�BY -�
�
Trent Petty, City Manager
jTATE Cr TEn,^��
COUNTY OF I(� ���Ge i?f'
This instrument was acknowledged before me on the� day of C,L.L�( , 1995,
by Trent Petty, City Manager for the City of Grapevine. ----✓�
0
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D195147154
CITY P INE
PO
MI
G VINE, 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 IV 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
RECEI�T NO REGISTER RECD-BY PRINTED DATE TIME
195270002 DR92 T000224 08/18/95 14 :42
� ,
INSTRUMENT FEECD INDEXED TIME
1 D195147154 WD 950818 14 :42 CA
�.�..�
T O T A L : DOCUMENT5 : O1 F E E S: 13 . 00
/
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. ..�
Q
C`�i
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�XNIBIT � TO .�.�`���'�
" �a�e �r of , l�
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. � � .
or 1 1 :. . .
. . . _
ee � x 1 1 1 e
� �
erture C�ard #
A �
�p �� �
Instrument # � �� 3
. � l ��S"/ � - .
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, . • ��I�I�IT� to ��- ��'��
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— ._.___._
, a N ��asi � t.�.�3
�,d: -� 3 ��
�o � � ��T��.�
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TRACT OF [J�`1D ���
IN T'HE
�. :�. HAl^1ES SURVEY, A-788
TARRNI'P COUN'I'Y. TEXAS
35
escrib2d tract or �arcel of land situated in the
Ney, A-788, Tarrant County, Texas and bein� a
.47 acre tract as recorded on Page 1345, a ;ortion
� ti�act as recorded on ?age ll3 of Volume 1G751, a
1.4 acre tract as recorded on Page 294 of Volun�
, being a portion of a 10.0 acre tract as recorded
� LL: 1"-80' f �olume 2893 in the Tarcant County Deed Records
q ,om w.a so eo particularly described as follo:+s:
�'�'' �'°L '^ � 36 f�und 1/2 inch iron rod at the Southeast corner
:k 2, GREENBRIAR ESTATES, an addition to the City
tarrant County, Texas according to the plat
ide 180 of Cabinet A in the Tarrant County Plat
rr3 in the North line of Hall Johnson Road;
)' 22" W along the East line of said GREENDRIAR
�nc� of 138.28 feet to a set `/8 inch iron rod;
1� •7E" W along the East line o: said GREENBQIA.R
. .. inc� of 382.15 Eeet to a set S/8 inch iron rod;
37
' !0' �0" E a distance of 405.35 feet to a set 5/8
� at; the Nort`�west corner of a tract as conveyed to
��, Groenbrior Eatate� d2`d recorded on Page 284 of volume 7229 in the
Cabinet A, Slide R2d Records;
i' 35" E, at a distance of 106.39 feet a found
ra.i at the Northwest corner of a tract as conveyed
:Co.lum, et ux Hazel iC. McCollum by deed recorded
� v��lume 3552 in the Tarcant County Deed Records, a
of 237.79 feet to a Eound 1/2 i�ch iron rod aC
cerner of Lot 1, HAYNES SUBDIVISIO�, to the City
Tacrant Councy, T2xas accordin� to plat recorded
�l�me 388-169 in th� Tarrant County Plat Records;
?' S0" E alon� the N1est line of said I�AYNES
38 distance oE 282.73 feet to a set �/8 inch iron rod
ie North line of said Hall Johnson Roa�:
31' 05" W along the Norrh line of said Hall
3 distance of 403.38 feet �o �lace of beginnin�,
16 acres or 211,105 square fee[ of land.
� �������
. ..,- �, u? 19�5
�
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CONCEPTUAL Pl.� ��
LOTS1 -10 i o `""° s"'�'�°"
of B(RDSONC --��-�- "°° "`� � °°��°�°
s�,h. ,nx
� A1'1 AD�fiION TO THE CfTY OF CRI.P � ���' TO1O1• �°O�
(ai� se�-wteo
(an e��-�oea r�
�+� M� 20. �ooa
�. i
1 T
D195186223
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 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 -- COUN'PY 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
196010257 DR96 T008195 10/11/95 12:36
INSTRUMENT FEECD INDEXED TIME
1 D195186223 WD 951011 12:36 CK 99646
T O T A L : DOCUMENTS: O1 F E E S: 15.00
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.
��:..j
��. � �: �� �� ��. �