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HomeMy WebLinkAboutORD 2016-053, ORDINANCE NO. 2016-053 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 Z16-03 ON A TRACT OF LAND OUT OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050 AND THE B.B. JOHNSON SURVEY, ABSTRACT NO. 0869, 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 "PRD-12" PLANNED RESIDENTIAL MEDIUM DENSITY DISTRICTAND "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE 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); 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 and 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 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby Ordinance No. 2016-053 2 amended and changed by Zoning Application Z16-03 to rezone the following described property to-wit: being a 7.79 acre tract of land out of the Thomas Mahan Survey,Abstract No.1050 and a 4.00 acre tract of land out of the B.B. Johnson Survey, Abstract No. 0869, Tarrant County, Texas (993 Shady Brook Drive) more fully and completely described in Exhibit"A", attached hereto and made a part hereof,which was previously zoned"PRD-12" Planned Residential Medium Density District and "R-MF-2" Multifamily District Regulations is hereby changed to "R-5.0" Zero Lot Line District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Condition: Section D107 of the 2006 International Fire Code requires each dwelling unit to be equipped throughout with an approved automatic sprinkler system. 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 Ordinance No. 2016-053 3 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. 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 19th day of July, 2016. APPROVED: Willia D. Tate Mayor ATTEST: �RAp �,--_�``iti � .� � � � � � �m Tara Brooks ���` ��a City Secretary ., �� *�*"* APPROVED AS TO FORM: ��\ Z_ John F. Boyle, Jr. City Attorney Ordinance No. 2016-053 4 � EXHIBIT {1 TO ��/�-(��.3 7.79 ACRE TRACT ZONED PRD-12 Page--�—of_�� All thot ce�tain lot, troct or parcel of lond lying ond being situated in Torront County. Texos and being o port of the Thomos Mahan Survey, Abstract number 1050 ond the 8.6. Johnson Survey. Abstract number 869, and also beinq the called 7.807 acre tract described as Troct two in deed to Frank 5. Monaco by deed recorded in Volume 6945, Page 353, Deed Records, Torront County, Texas ond being more fully described by metes and bounds os follows; BEGINNING at Southwest corner of said 7.807 ocre tract and also being the Northwest comer ot o colled 4.00 acre troct as described in deed to Frank S. Monaco as Tract one by deed recorded in Volume 6945, Page 353. Deed Records, Tarrant County, Texas and also being in the East line of Block 4, Lucos Addition, an addition to the City of Gropevine, according the plat recorded in Volume 388—I, Poge 84, P�at Records, Tarront County, Texos; THENCE North 00 degrees 43 minutes 04 seconds West, 398.30 teet to the Northwest corner of soid Tract one; ' THENCE North 89 degrees 12 minutes 14 seconds East, 771.56 feet to a capped iron rod found stamped "MSI4224" at an etl comer oi said 7.807 acre t�act and the Northeost corner of Lot 1, Block 4, of said Lucas Addition; THENCE along the common line ot said Lot 1 and this tract, South 89 degrees 29 minutes 18 seconds West, 133.68 feet to o copped iron rod found ot the Southeast corner of Lot 1, Block B, Brookhollow Estotes, on addition to the City of Grapevine, occording to the plat recorded in Volume 388-45, Poge 54, Plat Records, Tarrant County, Texos; THENCE olong the commo� line of soid Block B and this troct, North 00 degrees 47 minutes 41 seconds West, 160.07 feet to a 5/$ inch iron rod found at the Northeast comer of Lot 2, Block B; THENCE continuing olong soid common line, North 89 degrees 51 minutes 16 seconds West, 34.61 feet to 0 5/8 inch iron rod found ot the Southeast corner of Lot 3. Block B; THENCE continuing otong said common line, North 01 degrees 29 minutes 35 seconds West, 65.24 feet to a copped iron rod found slamped "4224" at the Northeast corner oi soid Lot 3 ond in the South line of Shody Brook Drive; THENCE along said South line North 89 degrees 10 minutes 19 seconds Eost, 269.86 to a 5/B inch iron rod found at the P.C. of a , curve to the right whose lonq chord beors, South 68 degrees 20 minutes 21 seconds East, 77.44 feet; THENCE continuing along said South line and along said curve whose rodius is 99.60 feet and an orc length oi 79.54 feet to a �fi inch iron rod found at the P.T. of said curve; THENCE continuing olong said South line, South 45 degrees 28 minutes 00 seconds Eost, 465.00 feet to a copped iron rod set stamped "KAZ" at the P.C. of a curve to the left whose long chord beors, ' South 69 degrees 27 minutes 41 seconds East, 177.59 feet; THENCE continuing along soid South line and olong said curve whose rodius is 230.00 feet ond an arc length of 182.32 feet to o copped iron rod found stamped "MSI" at the P.T. of soid curve; THENCE continuing along said South line, North 89 degrees 39 minutes 46 seconds Eost, 92.05 feet to a capped iron rod set stamped "KAZ"; THENCE South 32 degrees 42 minutes 46 seconds East, 35.10 feet to a point for corner, THENCE South 09 degrees 42 minutes 16 seconds East, 92.50 feet to ' an "X" cut set; THENCE South 12 degrees 34 minutes 29 seconds West, 80.37 feet to the Southeast corner of the aforementioned 7.807 ocre tract; THENCE South 89 degrees 12 minutes 14 seconds West, 771.56 feet to the PLACE OF BEGINNING and containing 7.79 acres of land more or less; EXHIBIT�TO ��/�-a�3 page�_of-�-�_ 4.00 ACRE TRACT ZONEO R-MF-2 Ali thot certoin lot, troct or porcel of land lying ond being situoted in Tarrant County, Texas and being a port of the Thomas Mahan Survey, Abstract number 1050 ond also being the colled 4.00 acre troct described os Troct one in deed to Frank S. Monoco by deed recorded in Volume 6945, Page 353, Deed Records, Tarrant County, Texos and being more fully described by metes ond bounds as foliows; BEGINNING at a 5/8 inch iron rod found ot the Southwest corner of said 4.00 acre troct and also being the Northwest corner of a caNed 4.00 acre tract os described in deed to Horold Contrell by deed recorded in Volume 7359, Poge 907, Deed Records, Torrant County, : Texos ond also being in the Eost line of Block 4, Lucas Addition, an addition to the City of Gropevine, according the plat recorded in Volume 388—I, Poge 84, Plai Records, Tarront County, Texas; THENCE North 00 degrees 45 minutes O1 seconds West. 239.03 feet to the Northwest corner of said Tract one; THENCE North 89 degrees 12 minutes 14 seconds Eosi, 771.56 feet to the Northeast corner of said Troct one: THENCE South 12 degrees 34 minutes 29 seconds West, 108.93 feet to a poini; THENCE South 30 degrees 31 minutes 59 seconds West, 155.54 feet to the Southeost corner of soid Troct one and the Northeast corner of ' said Contrell troct; , THENCE along the common line of soid Contrell tract and ihis tract, South 89 degrees 11 minutes 15 seconds West, 665.69 teet to the PLACE OF BEGINNING a�d contoini�g 4.00 acres of land more or less;