HomeMy WebLinkAboutORD 2006-018 ORDINANCE NO. 2006-18
AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSNE 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 Z06-04 ON A TRACT
OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT
NO. 1415, 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 "CC" COMMUNITY COMMERCIAL
DISTRICT REGULATIONS TO "R-MF-2" 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. 2006-18 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z06-04 to rezone the following described
property to-wit: being approximately 11 acres of land out of the H. Suggs Survey, Abstract
' f No. 1415, Tarrant County, Texas (2301 West Grapevine Mills Circle), more fully and
completely described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "CC" Community Commercial District Regulations is hereby changed to
"R-MF-2" 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.
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 ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
,�,u;..
ORD. NO. 2006-18 3
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 21st day of March, 2006.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretar
APPROVED AS TO FORM:
�,� �^,����--,-
John F. Boyle, Jr.
City Attorney
ORD. NO. zo0s-�s 4
EXHIBIT� TO ��
Page �_ Of ._.�.._
LEC3AL DESCRIPTION �
BEING A TRACT OF LAND SITUAT�D IN THE H.SUGGS SURVEY,ABSTRACT NUMBER 1415 iN THE CITY OF
GRAPEVINE,TARRANT COUNTY,7EXA8. SAID TRACT IS ALSO AN ASSEMBLAGE OF SEVEN INDIVIDUAL TRACTS AS
SHOWN HEREIN AND IN TOTAL D�SCRIBEO MOR�PAFtTICULARLY AS FOLLOWS:
6EGINNING AT THE U.S.ARMY C�RPS OF ENGINEERS MONUMENT ATOP A SQUARE CONCRETE POST LOCATED
AT 7HE MOST EAStERLY SOUTH�AST CORNEFt OF A 37.59 ACRE TRACT OF LAND dESCRIBED AS TRACT NO.A-3A
IN A DECLARATION OF TAKING BY THE U.S.ARMY COaPS OF ENOlNEERS AND BEING A PART OF THE SAME LAND
CONVEYED TO MRS.Bf RDIE ELIZABETH BROWN BY MRS.LOLA BUCKALOO BY DEED DATED 7 DECEMB�R 1934
AND RECORDED IN VOLUME i238 AT PAGE 373 OF THE DEED RECORDS OF TARRANT COUNTY,TEXA$. SAID
BRASS MONUMENT ALSO BEING AT THE SOUTHWEST CORNER OF A 0.23 ACRE TRACT AQUIRED BY AGREEMENT
FROM THE U.S.ARMY CORPS OF ENGINEERS.
TMENCE NORTH 01 DEGREES 29 MINUTES 58 SECONDS EAST ALONG THE EAS7 LINE OF THE U.S.ARMY CORPS OF
ENGINEERS TRACT AND THE WEST LINE OF THE ABOVE SAID 0.23 ACRE AGREEMEN?TRACT A DISTANCE OF
642.56 FEET TO A 1!2 INCH IRON ROD FOUND WITH CAP STAMPED SCI 2466. SAID POINT ALSO BEING THE
NORTHWEST CORNER OF A 0.99 ACRE PARCEL OF LAND DESCRIBED IN A DEED TO W.D.IHNFELDT RECORDED IN
VOLUME 3897,PAGE 165 OF THE bEED RECORDS AND AtSO BEING THE SOUTHEAST CORNER OF A!0$.72 ACRE
PARCEL OF LAND DESCRIBED IN A pEEO TO H/A GFtAPEVINE JOINT VENTURE RECORDED IN VOLUMf 13225,PAGE
505 OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS.
THENCE NOR7H 89 bEOREES 56 MINUTES 30 SECONbS EAST ALONG THE NORtH LINE OF SAID IHNFELDT PARCEL
A OISTANCE qF 378.84 FEET TO A 1/2 INCH IRON ROD SET WITH CAP STAMPED SC12466,PASSING THE
NORTHEAST CORNER OF THE IHNFELDT PARCEL AT 340.87 FEET. SAIO CORNER BEING IN THE WEST LINE OF A
CITY OF GRAPEVINE,7�XAS STATE RIGHT OF WAY DEED RECORDED IN VOLUME 12747,PAGE 496 OF THE DEED
RECORDS OF TARRANT COUNTY,TEXAS.
THENCE IN A SOU7HERLY DIRECTION ALONG THE WEST LINE OF THE SAID STRE�7'RIGHT OF WAY DEED THE
FOLLOWING;
SOUTH 00 DEGREES 05 MINUTES 18 SECONDS EAST A DISTANCE OF 723.29 FEET TO A PK NAiL FOUND.
: : SOUTH 90 DEGREES 00 MINUTES 00 SECONDS EAS7 A DISTANCE OF 17.99 FEET TO A 1!2 INCH IRON ROD FOUND.
SOf1TH 02 DEGREES 06 MINUTES 36 SECONDS EAS7 A DISTANCE OF 437.52 FEET TO A 1/2 INCH IRON ROD SET
WITH A CAP STAMPED SCi 2466.
SOUTH 16 DEGREES 21 MINUTES 26 SECONDS WEST A DISTANC�OF 153.07 FEET TO A 1/2 INCH IRON ROD SET. :
WITH A CAP STAMPED SCI 2466. -
THENC� NORTH 69 DEGREES 30 MINUTES 28 SECONDS WE5T A DISTANCE OF 39.53 FEET TO A MAG NAIL WITH
SHINER STAMPED JPH LAND SURVEYING AT THE MOST SOUTHERLY CORNER OF A 3.15�ACRE PARCEL OF LAND
DESCRIBED IN A DEED TO WILLIAM D.IHNFELDT AND RONALD WARRICK RECORDED IN VOLUME 5008,PAGE 257
OF THE DEED RECORDS OF TARRANT COUNTY,TEXAS.
THENCE ALONG THE SOUTH ANp WEST LINES OF SAID IHNFELDT/WARRICK PARCEL AND ALpNG THE NORTH
AND EAST LINES OF A PARCEL OF LAND DESCF�IBED IN A DEEp TO CARTER GRAPEVINE PARTNERS DOCUMENT �
NO.D20418J024 RECORDED 1N THE DEED RECORDS OF TARRANT COUNTY,TEXAS THE FOLLOWING;
NORTH 39 DEGREES 29 MINUTES 50 SECONDS WEST A DISTANCE OF 85.07 FEET TO A 1 INCH PIPE FOUND. (
NORTH 26 DEGREES 46 MINUTES 29 SECONDS WEST A DISTANCE OF 95.06 FEET TO A 5/8 INCH IRON ROD FOUND. !
SOUTH 86 DEGREES 32 MINUTES 10 SECONDS WEST A DISTANCE OF 221.12 FEET TO A 1 INCH PIPE FOUND. I
NORTH 00 DEGREES 21 MINUTES 00 SECONDS EAS7 A DISTANCE OF 373.70 FEET 70 A 112 INCH IRON ROD FOUND
WITH CAP STAMPED SCI 2466 AT 7HE NORTHWEST CORNER OF THE SAID IHNFELDT/WARRICK TRACT,SAID
POINT ALSO BEING THE SOUTHWEST CORNER O�A PARCEL OF LAND DESCRIBED IN A DEED TO JAMES ROLAND
UPTON AND WIF�JOYCE ANN UPTON RECORDED IN VOLUME 6204 PAGE 786 OF THE DEED RECORDS OF
TARRANT COUNTY,7EXAS.
TH�NCE NORTH 01 DEGREES 29 MINUTES 47 SECONDS WEST ALONG THE WEST LINE OF THE SAID UPTON TRACT
AND THE EAST LIN�OF THE SAID CARTER GRAP�VINE PARTNERS TRACT A DISTANCE OF 140.85 FEET TO A 1/2
INCH lRON ROD FbUND WITH CAP STAMPED SCI 2466,SAID POINT BEING THE NORTHEAST CORNER OF THE SAID �
CARTER GRAPEVINE PARTNERS TRACT AND THE SOUTHEAST CORNER OF THE ABOVE SAID 0.23 ACRE �
AGREEMENT TRACT. I
f
i
THENCE SOUTN 88 DEGREES 3Q MINUTES 13 SECONDS WEST ALONG THE NORTH UNE OF THE CARTER I
GRAPEVINE PARTNERS TRACT AND THE SOUTH LINE OF THE ABOVE SAID AGREEMENT TRACT A DISTANCE OF �
31.70 FEET TO TH� POINT OF BEGINNING AND CONTAINING 460,702 SQUARE FEET OR 10.58 ACRES OF LAND. �
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