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Home My WebLink AboutORD 2010-005 ORDINANCE NO. 2010-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 OF 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, BY GRANTING PLANNED DEVELOPMENT OVERLAY PD10-01 TO AMEND THE SITE PLAN APPROVED BY ORDINANCE NO. 2006-72 FOR RELOCATION OF A MASONRY SCREENING WALL ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS PLANNED DEVELOPMENT OVERLAY PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a planned development overlay by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance 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 this requested planned development overlay 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 overcrowding of the land; the effect on the concentration of population; 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 planned development overlay 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, 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, all of the requirements of Section 41 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and 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 granting of this planned development overlay, 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 WHEREAS, the City Council of the City of Grapevine, Texas, does find that the planned development overlay lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, 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 planned development overlay 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 the issuance of this planned development overlay for the particular piece of property is needed, is called for, and is in the best interest of the ORD. NO. 2010-05 2 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 does hereby issue a planned development overlay in accordance with Section 41 of 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, by granting Planned Development Overlay PD10-01 to amend the site plan approved by Ordinance No. 2006-72 to allow for the relocation of a masonry screening wall in the "R- TH" Townhouse District Regulations within the following described property: Lots 14 and 15, Townhomes of Westgate Addition (2252 and 2256 Churchill Loop) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. 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 ordinance 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 safely 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 which 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 ORD. NO. 2010-05 3 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. 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 16th day of February, 2010. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2010-05 4 I I ' MASONRY ;Ey4 \\ WALL TO BE ISTIN�i OME fn INSTALLED 49 Z 81' EXISTING TOWNHOMME 1 ki�loTE FQ 1 EANAI PORTION O� MASONRY r d /CASHEET 2t WALL TO BE REMOVED Lot 15 Lot 14 l T - / snxc wom rexce .I. 1.1 = 20' Planned Development Overlay PD10 -01 Is a request to amend the previously approved site plan of PD06 -08 (Ord. 06 -72) for a 39 unit townhouse project specifically to relocate a portion of the existing masonry screening wall. EXISTING HOME MASONRY WALL TO BE INSTALLED r-- PROPERTY LINE )E YARD REAR YARD 6. S 10.0' --j 5.0' PROPERTY LINE) i MASONRY WALL TO BE REMOVED EXISTING TOWNHOME - Section A in =10' - N Note: All on -site electrical conductors associated with ry 0 ^�2: new construction shall be located underground. -_' I� Note: All the requirements of the Grapevine soil Existing Zoning: R MF 2 m erosion control ordinance shall be met during the _ N p� ruction. L t v riod of construction. MASdNRY c �NJALL4 FO BE Sn sn E INSTALLED t,�� - I I S&'435] ICE .tea _ ��. i \ I I I I � 15' REAR S BA - I as cl ` PORTION 0� ASONRY Y _ i- J I I �"1 -r V7t hCLlCi'0 I I • G C � � _ -11 I l y I1- V i LotY4 15 Lot ` 1 :1 26' G 5ETd6CC�� } ,1— O=ol csETK f 1—r 'sufl BACK -T- nc— ��_ L `' CHL7- RCHILL \L OP Existing Zoning R -TH with PD Overlay Existf ,u : Reside h - Re pleat TH with PD Overlay r — �l �y� I10' BtlI�sEfBACK R, r T ee / rl ( I20' FiARP,G S�fBA �,.7 Ur a6 A I� I Elting Zoning: R 5.0 I I I I N i sIINGCO' — II J (. L _1is_PEARSreAa k 4' I� I I I lJ — } 24 37 xEN1s - n!_ 7 /l -4, -- _ 4 r l qFk � 200. 00/ R- s n � R = = 2 0 T� R / o a - " ax . \� / / \ �/ \ Existing Zoning: R 5$ -- w; Existing Zoning. CN - / X007, Fvs Field Notes Demnpton for BA&4 d p ;on ofdBl E2iWESTGA E PLAZA— _ saad.1�th C,lyor Gmpevme Tarrant Co T . aw m g p lal �� Records, Tmran Count � T d being descnbcd as o.c (1) wct by me / / - ` / ' � j � -, L^- (_ f.u.wa BEGNMNG .tine northeastwmer of Block 4: THENCE South 01 degree 20 minutes 06 seconds West a distance of546d8 feet along the east — line of Block 4' and Bl.& 2' /' THENCB Soulh 80 degrees 21 m notes 01 sawnds Wes[ a d�stana of 31 98 f t to the beginning �Q ` ^� 1 —I M ofa curve concave to the southwest harmgamdis f20000f t i� _ , \ \. �j THENCE Northwesterly ed�etance of21026 Fcet along said curve to the south live of Block 4,to !/ L / s4 20 l i the nosh Eneof BlocL 2 and to the end ofsmd tune, THENCE North 70 degras 01 mmu to 00 sands West a distance of 362.15 feet along said north and ... th tine[. the begmn'ng ofa curve....... to the south. havmg di of20000 f THENCE Westerly a distance f7l.14 feet along said e, rv, . end along th ... lth line of Block 2 and then 1h line ar BImL4, — Access Only ) �l Ei EVEN T UE A DE P R T r IF1 .. -FIL -❑ -F -H THENCE South 89 degree 36 minutes 16 seconds West a distance of 48.59 fmt along th. north ENGINEER: APPLICANT: - \ .enf BlocL2.andthe south hne of Block4to thebegmnmg ofa curve. concave to [he south. h1iaving a rsdi. of20000 fat, Area Summary _ - - _ Name: Sage Group Inc. / North Richland Hills, Texas 76180 Internal Circulation Area' AtLn.: Curtis Young Address: P.O. Box 92747 THENCE Westerly a distance of2437 f talong said curveand a long thenorth line of Bl,.k2t, Southlake, Texas 76092 Southlake, Texas 76092 Phone #: 817- 329 -3111 Phone #: 817- 424 -2626 hew °'h,veat .mer.eBln.k4 Fire Lanes and Striped Visitor Parking 1.16 ac. THENCEN -h08 degree524 minutes 30 seconds Eastadist...f22L76 fat to the northwest Sidewalks /Pool Areas 0.25 ac. comer of Block 4, �� Lot Area (not including drives) 2.75 ac. - _ ,• i X11' THENCE South 88 degrees 49 minutes 02 seconds East a distance of 157.20 fat to an angle point i. ninth line of Block 4 Open Space (not including sidewalks & pool area) 0.96 ac. THENCE South 88 deg 43 t 51 d East A d m f 454 01 fcet to the ROME OF (Open Space: 18.75 %) - _ - BEGNNING said des bed f a ta m,g 5.12 cres o1 I d Total Project Area - 5.12 ac. Rua�er�aw�d��; P,< dAam�, d84R1a ,.- o,.46Ra�,wRe,.,R��4N „�..��. SAGE GROUP, INC. Master Planning Amended Site Plan 39 Units Landscape Architecture 10 FEB 10 (817) 424 -2626 0 40' 80' 160' MLjoo��_rov We4tgatel ,��PED.ARC r4 g;NINTeq *i i* sr .�soeo; `P qTE FS Existing Zoning: CN I w I — NII ` �i IIT -.- lL ; -1. I pi E , Vicinity Map CASE NAME: Townhomes of Westgate CASE NUMBER:PDIO -01 LOCATION: 2252 and 2256 Churchill Loop Lots 14 and 15 Townhomes of Westgate Addition MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISSION DATE SHEET: 1 OF 1 APPROVAL DOES NOT AUTHORIZE ANY WORN IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES 611 E PLAN CITY OF GRAPEVINE APPROVED i SHEET 1 OF 1 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES. DEPARTMENT OF DEVELOPMENT SERVICES APPROVED BY PLANNER DATE SURVEYOR: ENGINEER: APPLICANT: PLANNER: Attn.: Roger Hart Attn.: Keith Hamilton Name: HAT CREEK DEVELOPMENT Name: Sage Group Inc. Ft. Worth, Texas 76134 North Richland Hills, Texas 76180 Attn.: Kosse Maykus AtLn.: Curtis Young Address: P.O. Box 92747 Address: 1130 N. Carroll Ave. Suite 200 Southlake, Texas 76092 Southlake, Texas 76092 Phone #: 817- 329 -3111 Phone #: 817- 424 -2626 SURVEYOR: ENGINEER: Name: Area Surveying, Inc. Name: Hamilton Duffy, P.C. Attn.: Roger Hart Attn.: Keith Hamilton Address: 135 Sheffield Drive Address: 8241 Mid - Cities Blvd. Ft. Worth, Texas 76134 North Richland Hills, Texas 76180 Phone #: 817- 293 -5684 Phone #:817- 268-0408 CASE NUMBER: PD10 -01 SHEET 1of1