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HomeMy WebLinkAboutORD 2010-032 ORDINANCE NO. 2010-32 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, 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 Z10-02 ON ATRACT OF LAND OUT OF THE G.W. MINTER SURVEY,ABSTRACT NO. 1083, 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-TH" TOWNHOUSE 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) 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. 2010-32 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z10-02 to rezone the following described property to-wit: being a 19.165 acre tract of land out of the G.W. Minter Survey, Abstract No. 1083, Tarrant County, Texas (4632 Trevor Trail) more fully and completely described in Exhibit"A", attached hereto and made a part hereof,which was previously zoned "R-TH" Townhouse 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. 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. 2010-32 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 20th day of July, 2010. APPROVED: 44;1 - William D. Tate Mayor ATTEST: AA A Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2010-32 4 OWNER'S CERTIFICATE TO CU OF TEXAS k. ..`` COUNTY EXHIBIT- TY OF TARRANT �D, N�� 010t0-3a Pigs of ..1.._._ LEGAL. DESCRIPTION - Stone Bridge Oaks II WHEREAS,GRAPEVINE 360,L.P.,is the owner of a tract of land situated in the G.W.Minter Survey,Abstract No.1083,in the City of Grapevine, Tarrant County,Texas and being a portion of a 23.577 acre tract,as described in Clerks File No.D205328958,in the Deed Records of Tarrant County, Texas,being a portion of Stonebridge Oaks,an addition to the City of Grapevine Texas as recorded in the Plot Records of Tarrant County,Texas,and w being more particularly described as follows: • COMMENCING,at a % inch iron rod found at the southwest corner of said Stonebridge Oaks Addition; THENCE,North 89'33'55" East,with the south line of said Stonebridge Ooks,for a distance of 6.50 feet,to a 1/2 inch iron rod found,being in the east line of Euless-Grapevine Road (Variable R.O.W.),for the POINT OF BEGINNING of the herein described tract; THENCE,North or 15'12" West,with the east line of Euless-Grapevine Road,for a distance of 669.32 feet,to a Y2 inch iron rod set; THENCE,North 88'31'04" East,departing said east fine for a distance of 211.87 feet to a Vs inch iron rod set; THENCE,North 20'04'25" West,for a distance of 64.63 feet to a 1/2 inch iron rod found at the point of curvature of a curve to the right having a radius of 75.00 feet,a tangent of 29.25 feet and a central angle of 42'36'58", THENCE,with said curve to the right for an arc distance of 55.78 feet,(Chord Bearing North 01°14'04" East- 54.51 feet),to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE,North 22°32'33" East,for o distance of 5.07 feet to a 1/2 inch iron rod found; THENCE,South 67°2727"East,for a distance of 100.00 feet to a %2 inch iron rod found; THENCE,North 22'32'33" East,for a distance of 101.50 feet to a V2 inch iron rod found; THENCE,North 67°2727" West,for a distance of 89.85 feet to a 12 inch iron rod found,being a point on a curve to the right having a radius of 35.00 feet,a tangent of 4.29 feet,and a central angle of 13.59'03"; THENCE,with said curve for on arc distance of 8.54 feet,(Chord Bearing North 74°17'33" East- 8.52 feet),to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE,North 81°1T05" East,for a distance of 77.05 feet to a %2 inch iron rod set; THENCE,North 08°42'55" West,for a distance of 54,28 feet to a 1/2 inch iron rod found at the point of curvature of a curve to the left having a radius of 235.00 feet,a tangent of 50.61 feet and a central angle of 24'1824"; THENCE,with said curve to the left for an arc distance of 99.69 feet,(Chord Bearing North 20°52'07" West- 98.95 feet),to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE,North 33'01'19" West,for a distance of 48.94 feet to a /z inch iron rod found at the point of curvature of a curve to the left having a radius of 167.50 feet,a tangent of 25.82 feet and a central angle of 17°31'31"; THENCE,along said curve to the left for an arc distance of 51.23 feet,(Chord Bearing North 41'47'04"West- 51.03 feet),to a /2 inch iron rod found at the point of reverse curvature of a curve to the right having a radius of 132.50 feet,a tangent of 60.91 feet and a central angle of 49°22'38"; THENCE,along said curve for an arc distance of 114.19 feet,(Chord Bearing North 25.51'31" West- 110.69 feet),to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE,North 01°10'11" West,for a distance of 12.70 feet to a V2 inch iron rod found; THENCE,South 37'33'40" East,for a distance of 87.11 feet to a Y2 Inch iron rod found; THENCE,North 52'26'20" East,for o distance of 197.50 feet to a l/2 Inch iron rod found; THENCE.North 37°33'40" West,for a distance of 108.18 feet to a 1/2 inch iron rod found; THENCE,South 89°25'56" West,for a distance of 210.96 feet to a I/2 inch iron rod set,being a point on a curve to the right having a radius of 40.00 feet,a tangent of 30.54 feet and a central angle of 74°43'53"; THENCE,along said curve for an arc distance of 52.17 feet.(Chord Bearing South 38.32'08"East- 48.55 feet).to a 1/2 inch iron rod found at the point of tangency of said curve; THENCE.South 01.10'11"East,for a distance of 94.43 feet to a 1/2 inch iron rod set; THENCE,South 89"25'56" West,for a distance of 143.61 feet to a 1/2 inch iron rod set,being a point In the east line of said Euless-Grapevine Road; THENCE,North 01°15'12" West,along said Euless-Grapevine Road for a distance of 284.02 feet to a V2 inch iron rod found; THENCE,North 89'25'56"East,departing said east line and along the north line of said 23.577 acre tract,for a distance of 403.79 feet,to a %2 Inch iron rod found; THENCE.South 00'3429" East,continuing along said north line,for a distance of 259.95 feet,to a %2 inch iron rod found; THENCE.South 70'30'42"East.continuing along said north line,for a distance of 200.00 feet,to a /2 inch iron rod set; THENCE,North 61.03'42" East,continuing along said north line,for a distance of 230.47 feet,to a %2 inch iron rod set at the most easterly northeast corner of the 23.577 acre tract being in the west line of State Highway 360 (Variable R.O.W.); THENCE,South 25'07'03" East,along the east line of the 23.577 ocre tract and along the west fine of State Highway 360,for a distance of 149.86 feet,to a "x" cut found; THENCE,South 09'17'18" East,continuing along said lines,for a distance of 36.40 feet,to a %2 inch iron rod set; THENCE,South 24°57'00" East,continuing along said lines,for a distance of 49.98 feet,to a Brass Monument found; THENCE,South 64°57'44" West,departing the west line of said State Highway 360 and continuing along the east line of the 23.577 acre tract, for a distance of 159.45 feet,to a /2 inch rod found; THENCE,South 00'30'42" East,continuing along said east line,for a distance of 713.16 feet,to a 1/2 inch iron rod set; THENCE,South 8B°49'45" West,continuing along said east line,for a distance of 108.54 feet,to a s/2 inch iron rod set; THENCE,South 01'14'59" East,continuing along said east line,for a distance of 324.31 feet,to a % inch iron rod found at the most southerly southeast corner of the 23.577 oars tract; THENCE,South 89'33'55" West,along the south line of the 23.577 acre tract,for a distance of 613.97 feet.to the POINT OF BEGINNING and containing 19.165 acres of land.