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HomeMy WebLinkAboutORD 2004-082 ORDINANCE NO. 2004-82 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 Z04-12 ON A TRACT OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT NO. 1415 AND THE A. 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 "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-MF-1" 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 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 'k � 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: �, :. ORD. NO. 2004-82 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 Z04-12 to rezone the following described property to-wit: being a 8.69 acre tract of land out of the H. Suggs Survey, Abstract No. 1415 and the A. Anderson Survey, Abstract No. 26, Tarrant County, Texas (2915 West Grapevine Mills Boulevard), 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-1" 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 ORD. NO. 2004-82 3 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. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 16th day of November, 2004. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 2ist day of December , 2004. APPROVED: � William D. Tate Mayor ATTEST: Lind Huff City Secretary APPROVED AS TO FORM: w� ,y ; • , r" ! John F. Boyle, Jr. City Attorney �,...;� ORD. NO. 2004-82 4 . EXHIBIT� TO rd• 004-82 � . Page _L._. af~_.. LAND DESCRIPTION Q�T O 5 2004 BEING a tract of land situated in the Henry Suggs Survey, Abstract No. 1415 and the�dFe�v•-••"' Anderson Survey, Abstract No. 26, and being a portion of a called Tract lA as conveyed to H/A `° ° Grapevine Joint Venture and evidenced in a Special Warranty Deed recorded in Volume 11635, Page 2042, Deed Records, Tarrant County,Texas and being more particularly described as follows: COMMENCING at the intersection of the westerly right-of-way line of Grapevine Mills North Boulevard(a variable width right-of-way) and the southerly line of said Tract lA; THENCE North 89 degrees 58 minutes 41 seconds West, departing the westerly right-of-way line of said Grapevine Mills North Boulevard and along the southerly line of said Tract lA, a distance of 199.14 feet to the POINT OF BEGINNING; THENCE North 89 degrees 58 minutes 41 seconds West, continuing along the southerly line of said Tract lA, a distance of 147.41 feet to the southwesterly corner of said Tract lA; THENCE North 00 degrees 50 minutes 44 seconds East, along the westerly line of said Tract lA, a distance of 1132.25 feet to the northwesterly corner of said Tract 1 A; THENCE South 88 degrees 52 minutes 08 seconds East, along the northerly line of said Tract lA, a distance of 546.56 feet to a point for a corner; THENCE South 31 degrees 15 minutes 07 seconds West, departing the northerly line of said Tract 1 A, a distance of 241.91 feet to a point for a corner; THENCE South 16 degrees 02 minutes 53 seconds West, a distance of 314.06 feet to a point for a corner; THENCE South 65 degrees 30 minutes 48 seconds East, a distance of 238.95 feet to the aforementioned westerly right-of-way line of Grapevine Mills North Boulevard; THENCE South 28 degrees 39 minutes 21 seconds West, along the westerly right-of-way line of said Grapevine Mills North Boulevard, a distance of 59.14 to the beginning of a curve to the right having a central angle of 81 degrees 43 minutes 29 seconds, a radius of 20.00 feet and being subtended by a 26.17 foot chord which bears South 69 degrees 31 minutes 06 seconds West; THENCE, along said curve to the right and along the westerly right-of-way line of said Grapevine Mills North Boulevard in a southwesterly direction, an arc distance of 28.53 feet to point of reverse curvature to the left having a central angle of 79 degrees 45 minutes 18 seconds, a radius of 124.74 feet and being subtended by a 159.95 foot chord which bears South 70 degrees 29 minutes 57 seconds West; TIiENCE, along said curve to the left in a southwesterly direction and along the westerly right-of- way line of said Grapevine Mills North Boulevard, an arc distance of 173.64 to a point for a corner; �.;� Pege I of 2 . EXHIBIT_.�., TO �'d� ��"Sz OCT 0 5 ��04 Page .,..�.._ of ...�.... Per............. THENCE North 65 degrees 30 minutes 48 seconds West, departing the westerly'right-of-way line of said Grapevine Mills North Boulevard, a distance of 88.52 feet to a point for a corner; THENCE South 36 degrees 47 minutes 06 seconds West, a distance of 123.40 feet to a point for a h. �Ma corner; THENCE South 24 degrees 31 minutes 54 seconds West, a distance of 243.08 feet to a point for a corner; THENCE South 18 degrees 11 minutes 51 seconds East, a distance of 122.12 feet to the POINT OF BEGINNING and Containing 8.69 acres of land, more or less. "This document was prepared under 22 TAC 663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by creation or reconfiguration of the boundary of the political subdivision for which it was prepared." ,�ra$ Pabro 2 of 2