HomeMy WebLinkAboutORD 2012-019 ORDINANCE NO. 2012-19
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 Z12-02 ON A TRACT
OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT
NO. 1415 AND THE A.W.ANDERSON SURVEY,ABSTRACT
NO. 26, 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-MF-2" MULTIFAMILY DISTRICT
REGULATIONS TO "R-MF" 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; 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 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:
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. 2012-19 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z12-02 to rezone the following described
property to-wit: being an 11.01 acre tract of land out of the H. Suggs Survey, Abstract
No. 1415 and the A. W. Anderson Survey, Abstract No. 26, Tarrant County, Texas (2311
West Grapevine Mills Circle) more fully and completely described in Exhibit"A", attached
hereto and made a part hereof, which was previously zoned "R-MF-2" Multifamily District
Regulations is hereby changed to"R-MF"Multifamily District Regulations,all in accordance
with Comprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. That 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. That 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.
Section 7. That 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. 2012-19 3
Section 8. That 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 15th day of May, 2012.
APPROVED:
William D. Tate
Mayor
ATTEST:
Jo C. Brown
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2012-19 4
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EXHIBIT—L. TO ORD. aoia-/9
DESCRIPTION OF PROPERTY Page of
WHEREAS, SPK Land Acquisition, LLC and City of Grapevine are the owners of
an 11.0104 acre tract of land situated in the H. Suggs Survey, Abstract No. 1415
and in the A. W. Anderson Survey, Abstract No. 26, City of Grapevine, Tarrant
County, Texas; said tract being all of that certain tract of land described as Tract
1 in Special Warranty Deed to SPK Land Acquisition, LLC recorded in Instrument
No. D211243023 of the Deed Records of Tarrant County, Texas and part of that
certain tract of land described in Street Right-Of-Way Deed to the City of
Grapevine, Texas recorded in Volume 12747, Page 496 of the said Deed
Records and abandoned by Ordinance No. 2006-16; said 11.0104 acre tract
being more particularly described as follows:
BEGINNING, at a "+" cut in concrete set for corner in the east line of said City of
Grapevine tract; said point being the beginning of a curve to the left;
THENCE, along the said east line of City of Grapevine tract, the following four(4)
calls:
In a southerly direction, along said curve to the left, having a central angle
of 03 degrees, 59 minutes, 42 seconds, a radius of 591.66 feet, a chord
bearing and distance of South 01 degrees, 54 minutes, 29 seconds West,
41.25 feet, an arc distance of 41.25 feet to a "+" cut in concrete set at the
end of said curve;
South 00 degrees, 05 minutes, 22 seconds East, a distance of 769.18 feet
to a 5/8-inch iron rod with `Pogue Eng & Dev" cap set at an angle point;
South 05 degrees, 31 minutes, 27 seconds East, a distance of 166.99 feet
to a 5/8-inch iron rod with "Pogue Eng & Dev" cap set at the beginning of a
tangent curve to the right;
In a southwesterly direction, along said curve to the right, having a central
angle of 30 degrees, 45 minutes, 42 seconds, a radius of 705.00 feet, a
chord bearing and distance of South 09 degrees, 51 minutes, 24 seconds
West, 373.98 feet, an arc distance of 378.51 feet to a 5/8-inch iron rod
with "Pogue Eng & Dev" cap set for corner at the end of said curve; said
point also being the southernmost corner of said City of Grapevine, Texas;
THENCE, North 16 degrees, 15 minutes, 13 seconds East, departing the said
east line of City of Grapevine tract and along the west line of said City of
Grapevine tract, a distance of 39.19 feet to a 1/2-inch iron rod with "SCI 2466"
cap found for corner; said point also being the southeast corner of said Tract 1;
THENCE, North 69 degrees, 38 minutes, 37 seconds West, departing the said
west line of City of Grapevine tract and along a south line of said •
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EXHIBIT A. TO oto. 02°1a-19
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distance of 39.77 feet to a "PK" nail with shiner stamped "JPH Land Surveying"
found for corner; said point also being the most easterly southwest corner of said
Tract 1 and the most northerly southeast corner of that certain tract of land
described in Special Warranty Mineral Deed to C Cube Energy, LLC recorded in
Instrument No. D207196493 of the said Deed Records;
THENCE, along the common line between said Tract 1 and said C Cube Energy
tract, the following six (6) calls:
North 12 degrees, 42 minutes, 41 seconds East, a distance of 112.20 feet
to a 1/2-inch iron rod with "JPH Land Surveying " cap found at an angle
point;
North 71 degrees, 20 minutes, 44 seconds West, a distance of 128.35 feet
to a 5/8-inch iron rod found at an angle point;
South 86 degrees, 35 minutes, 29 seconds West, a distance of 221.14
feet to a 1-inch iron pipe found at the most westerly southwest corner of
said Tract 1; said point also being a re-entrant corner of said C Cube
Energy tract;
North 00 degrees, 18 minutes, 01 seconds East, a distance of 373.42 feet
to a 1/2-inch iron rod with "SCI 2466" cap found at an angle point;
North 01 degrees, 14 minutes, 38 seconds West, a distance of 139.88 feet
to a 1/2-inch iron rod with "SCI 2466" cap found for corner; said point also
being the most northerly northeast corner of said C Cube Energy tract;
North 89 degrees, 23 minutes, 33 seconds West , a distance of 31.77 feet
to a brass monument found for corner;
THENCE, North 01 degrees, 30 minutes, 28 seconds East, departing the said
common line between Tract 1 and C Cube Energy tract and along a west line of
said Tract 1, a distance of 642.47 feet to a 1/2-inch iron rod with "SCI 2466" cap
found at the northwest corner of said Tract 1; said point also being in the south
line of Lot 1X, Block 1, Linkside At Grapevine, an addition to the City of
Grapevine, Texas according to the plat recorded in Cabinet A, Slide 11527 of the
Plat Records of Tarrant County, Texas;
THENCE, North 89 degrees, 56 minutes, 30 seconds East, departing the said
west line of Tract 1 and along the north line of said Tract 1 and the said south
line of Lot 1X, Block 1, at a distance of 157.02 feet passing the southeast corner
of said Lot 1X, Block 1 and the southwest corner of Lot 1, Block 1, Landmark At
Grapevine, an addition to the City of Grapevine, Texas according to the plat
recorded in Cabinet A, Slide 10196 of the said Plat Records, continuing along the
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said north line of Tract 1 and the south line of said Lot 1, Block 1, at a d'
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364.75 feet passing the southeast corner of said Lot 1, Block 1, continuing along
the said north line of Tract 1, at a distance of 378.84 feet passing the northeast
corner of said Tract 1, continuing in all a total distance of 408.05 feet to the
POINT OF BEGINNING;
CONTAINING, 479,614 square feet or 11.0104 acres of land, more or less.
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