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HomeMy WebLinkAboutItem 03 - Z12-02, CU12-13, PD12-01 Enclave at Grapevine Apartments TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER-k'f1--_ SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MAY 15, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z12-02 CONDITIONAL USE APPLICATION CU12-13 AND PLANNED DEVELOPMENT OVERLAY PD12-01 ENCLAVE AT GRAPEVINE APARTMENTS I 1 r r ----------- --[ ter Z1 Grapevine Lake APPLICANT Integrated Real Estate Group [ DoB • I I I r� I.H.1635 Nonhwes 1 PROPERTY LOCATION AND SIZE: _! 1 The subject property is addressed at 2311 West Grapevine Mills Circle and is proposed to be platted sti Airport x a Lot 1, Block 1, Enclave at Grapevine Addition. r Ha11-Johnson uL, a The site contains approximately 11.01 acres and has c L 1 `- -� AM _ 1 approximately 1,314 feet of frontage along West m Glade Rd. P _ Grapevine Mills Circle. C y� } REQUESTED ZONE CHANGE, CONDITIONAL USE REQUEST, PLANNED DEVELOPMENT OVERLAY, AND COMMENTS: The applicant is requesting a zone change to rezone approximately 11.01 acres from "R- MF-2" Multifamily District to "R-MF" Multifamily District for the development of a three and four story, 243 unit multifamily development. The applicant is also requesting a conditional use permit to vary from the established standards relative to density, height, arkin and location of open space and a planned development overlay to include but not be limited to deviation from building length, building separation and landscaping. The applicant intends to develop a multi-structure apartment complex consisting of eleven main buildings, plus a clubhouse comprising a total of 243 units that will have controlled (gated) access at all three access points. The apartment mix is as follows: RIAGENDA1201 2 10 5-1 5-1 2121 2-02.4.doo,CU12-13.4 and PD12-01.4 1 May 10,2012(9:22AM) 109 one bedroom units ranging from 750 to 1,038 square feet in size • 104 two bedroom units ranging from 1,050 to 1,554 square feet in size 30 three bedroom units ranging from 1,272 to 1,816 square feet in size A total of 462 parking spaces (1.9 spaceslunit) have been provided to serve the complex. Buildings 1 and 6 will provide a total of 85 podium (underneath the structure) spaces. Buildings 2 through 11 will provide 113 garage spaces and 73 tandem spaces(behind the garage). A total of 191 surface spaces will also be provided, 32 of which will be covered. The applicant is utilizing the conditional use permit process to vary from the following requirements: • Density: 20 units/acre maximum allowed; the applicant is proposing 22.1 units/acre • Height: two stories, 35 feet maximum allowed; the applicant is proposing four stories not to exceed 50 feet. This will only be associated with Buildings 1, 4, 5, 6 located at the rear of the property. • Parking: 2.0 spaces required per unit; the applicant is proposing 1.9 spaces per unit • Minimum open space: open space shall be located "internal" to the site; large portions are located at the rear and along the front of the property The planned development overlay is also necessary for the applicant to develop the site as intended relative to the following areas: • Design requirements relative to building length: the ordinance establishes that the length of any building shall not exceed 200 linear feet; the applicant proposes that no building will exceed 250 linear feet relative to Buildings 1, 4, 5, and 6 • Design requirements relative to building separation: minimum separation between any two unattached buildings shall be 20 feet or the height of the building whichever is greater; the applicant proposes a separation of approximately 20 feet between buildings rather than the height of the buildings which would range between 35 and 50 feet • Landscaping: the ordinance requires a minimum of 10 feet of landscaped area between parking/vehicle use areas and adjacent property lines; the applicant is providing between two and six feet of landscaping in several small areas relative to turn-around areas near the north and south entries and near the drive accessing the podium spaces near building 1. The D/FW International Airport Noise Compatibility Office has submitted a letter recommending against the request citing that the project is an incompatible land use inside the airport noise contour. If approved however the Airport recommends the following: • A 25dB Noise Level Reduction recommended by the FAA be mandated and confirmed for the project; 0:1ZCUV12-02.4,doc,CU12-13.4 and PD12-01.4 2 May 7,2012(4:02PM) • The applicant provide full disclosure of the airport noise impact to all first and subsequent purchasers/renters; • An aviga#ion easement be dedicated At the December 20, 2011 meeting a public hearing was held to consider a zone change, conditional use and planned development overlay on the subject site to rezone approximately 11 acres from "R-MF-2" to "R-MF" to allow for a seven building, four story, 278-unit apartment project. A conditional use request was used to vary from the established standards relative to density, height, parking and front yard setback and a planned development overlay was also used to include but not be limited to deviation from building length, building separation and location, location of off-street parking and landscaping. All three requests were denied by the City Council. PRESENT ZONING AND USE: The property is currently zoned "R-MF-2" Multifamily District and is vacant. It was once developed as multiple tracts with nonconforming single family homes that have since been demolished. HISTORY OF TRACT AND SURROUNDING AREA: The subject property and the property to the north, east, and west was zoned "1-1" Light Industrial District prior to the 1984 City Rezoning. The property to the south was zoned""L- I" Light Industrial District prior to the 1984 City Rezoning. In 1984 the City changed the zoning designation for the site to "PID" Planned Industrial Development. The property to the north was then rezoned in 1985 as a part of the "Terra Tract"to"R-MF-2" Multi-Family District (Case No. Z85-60, Ord. No. 85-60), however the property was not developed. In October 1995, the property to the north was part of a zoning request (Case No. Z95-06) whose purpose was to amend, revise, eliminate or terminate portions of the deed restrictions and the letter of agreement as adopted in Ordinance No. 85-60, and rezone portions of the site. At the September 7, 1 999 meeting, Council approved the rezoning of the property to the north (approximately 14.3 acres) from "R-MF-2" Multifamily District to "CC" Community Commercial District for a proposed restaurant development that never materialized. At the November 16, 2004 meeting, Council approved a rezoning of approximately 8.69 acres of property to the north of the subject site from "CC"Community Commercial District to "R-MF-1" for a proposed multifamily/condominium project. This same property was later rezoned at the February 21, 2006(Z06-02)to"R-TH"Townhouse District for the development of a 39 unit townhouse development. A planned development overlay(PD06-01)was also used relative to access to the public right-of-way, minimum lot width and size, front, rear, and side yard setbacks, maximum building coverage and maximum impervious area. Council considered and approved a zoning change (Z05-05), conditional use request (CU05-68), and planned development overlay(PD05-07)on the subject property for a four tower, 12-story condominium project at their January 17, 2006 meeting. The project 0:IZCUVI2-02.4.doc,CU 12-13.4 and PD12-01.4 3 May 7,2012(4:02PM) involved the rezoning of approximately 11 acres from "PID" Planned Industrial Development District to"CC"Community Commercial District and a conditional use permit to exceed the height maximum of 50 feet. The planned development overlay was utilized to allow the multifamily use within the "CC" Community Commercial District. Although approved as submitted the Commission determined and the Council agreed to reconsider the request as part of a City initiated case to bring the zoning into compliance with the actual land use. At the March 21, 2006 meeting, Council approved a zone change (Z06- 04) and a planned development overlay (PD06-02) on the subject property rezoning approximately 11 acres from "CC" Community Commercial District to "R-M-2" Multifamily District for a condominium project consisting of four towers, each twelve stories in height containing 94 living units per each tower. The planned development overlay allowed for variances to density(35.5 units/acre), height(160 feet), side yard setback, building length and separation, parking (2.1 spaces/unit) and buffer area. At the December 20, 2011 meeting Council considered and denied a zone change (Z11-06), conditional use (CU 11- 26) and planned development overlay (PD11-06) on the subject site to rezone approximately 11 acres from "R-MF-2"to "R-MF"to allow for a 278-unit apartment project and a conditional use permit to vary from the established standards relative to density, height, parking and front yard setback and a planned development overlay to include but not be limited to deviation from building length, building separation and location, location of off-street parking and landscaping. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-TH" Townhouse District—existing townhouse development SOUTH: "HCO" Hotel/Corporate Office District--undeveloped EAST: "CC" Community Commercial District–Grapevine Mills Mall WEST: "GU" Government Use District and "HCO" Hotel/Corporate Office District—developed as the Cowboys Golf course and the City's municipal golf course and vacant property AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi-family apartments, motels, office buildings, movie theaters, restaurants, and personal and business services. Single-family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant intends to provide sound attenuation for the dwelling units in this project. OVCW12-02.4.doc,CU 12-13.4 and PD12-01.4 4 May 7,2012(4:a2PM) MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is not in compliance with the Master Plan. Irs 0:VCUV12-02A,doc,CU12-13.4 and PD12-01.4 5 May 7,2012(4:02PR 9P" TR: Bs �.BB u Ft.5.0 TR L ,B OVO/ R Im,'M a,,a�niMy'�4'fm'X� ,B ME ,RB na�im a TR SB1 V 4 TB,i Cc TR W IR 161 �. • • IR TRW TR,E 1R29 ,RB TRSB1 HGO TPACT M TR BW, TR SD 2 u� \ TR SB, 3 0 Z12-023 CU12- 13, PD12-01 1 inch _400 feet Enclave at Grapevine Apartments - w ZJ 11) AP., ~ ° ��._ Po n APPLICATION PART 1.APPILICANT mow«. INFORMATION Applicant Applicant Address- i r TEXAS -XICM-L Phone _ _ j x No. - Email Address Mobile Phone t - C- Applicants Interest in subject INFORMATION PART 2.PROPERTY Street r ess of subject property l Legal : Lot iti n Legal description of subject r (metes&bounds t be described 1 'x 11"sheet e of subject c fcotage 14741. 46.1 Present zoning classification - zoning i .. Present property 1 ) 3 use The applicant understands the r plan designation and the most restrictive zone t would allow the proposed use is Minimum/Maximum District size for requested zoning Y -SITE INFORMATION PART 3.PROPERTY OWNER Prop Owner Address ® • 'SUiTE 17-0 city/State0p . Phone Ihulo, � Fax o. t 13Y .17 L D -D Aft Zone Chap Requests ate assunwd to be completed*fm filed and will be placed on the agenda ftr pubNc hoe"at ft descretbn of the staff. Based on the size of ffmagermle.your Ap~bn may scheduled to a lefordato. Aft Public hmWngs wHI be opmed and festimony 9NW by applicarrrs and interested Wdzerwy Pubilchearings may waforrued to ilia reex1pubfi-r. heafing. Pubfic headh9s wN not be tabled. Any cheWs to a concept p4en appmved with a zone change request can only be appmved by cdy council through the public heanng process I nave reW and unaervewt all the r"uftments as set forih by the application for zwe dwnge request an6 ackriowkxW Mai all requirements of this appikaffian have been met at Me 1kne of submittat PART 4.SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY W-HARO E - 'SIVAM DNS Am Print Applicant's Name Applicants Signatur The State of -MXA 5 County of -rAPxAmT ................ Before me(notary)F 4w—,L�; on this day personally appeared(applicant)FR,41b known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day ofF/r, aiy%4 A.D. KARA E LOMBARDI RD r mm n rev I my commission EXPIN'S F, PAY November ovember 30.2012] PF 11, -r Notary In and For State offf REXAS RWAAAo C 'SlIVIffibLLS Print Property Owners Name Property Ownees Signature TheStateof County of ThRRAt-ir Before me(notary) g, on this day personally appeared(applic2nQ I R14HAAD E WtADW known to me(or proved to me on the oath of card or other document)to be the person whose name Is subscribed to the foregoing instrument and acknowledged to me that he executed the some for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of ofte thisF—T— day of FUF A.D. KARA E LOMBARDI m My C n Expires Notary In and For State ofFTEXAS y commission Expires fission 2012 November 30.2012 jjr-- A IP 2 2 ��� .17 t a- ACKNOWLEDGEMENT All Zone Change Request are assumed to be complete when riled and will be placed on the agenda for public hearing at the discredon of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All-public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled Any changes to a concept plan approved with a zone change request can only be approved by city douncil through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the Ume of submittal. Signature of Applicant J'iv Date SO Signature of Property Owner A-AAA� Date J� � , IPA 2ZI0I,2, .................................... ............ ' ,,. 10 DESCRIPTION OF PROPERTY WHEREAS, SPK Land Acquisition, LLC and City of Grapevine are the owners of an 11.0104 acre tract of land situated in the H. Suggs Survey, Abstract No. 1415 and in the A. W. Anderson Survey, Abstract No. 26, City of Grapevine, Tarrant County, Texas; said tract being all of that certain tract of land described as Tract 1 in Special Warranty Deed to SPK Land Acquisition, LLC recorded in Instrument No. D211243023 of the Deed Records of Tarrant County, Texas and part of that certain tract of land described in Street Right-Of-Way Deed to the City of Grapevine, Texas recorded in Volume 12747, Page 496 of the said Deed Records and abandoned by Ordinance No. 2006-16; said 11.0104 acre tract being more particularly described as follows: BEGINNING, at a "+" cut in concrete set for corner in the east line of said City of Grapevine tract; said point being the beginning of a curve to the left; THENCE, along the said east line of City of Grapevine tract, the following four(4) calls: In a southerly direction, along said curve to the left, having a central angle of 03 degrees, 59 minutes, 42 seconds, a radius of 591.66 feet, a chord bearing and distance of South 01 degrees, 54 minutes, 29 seconds West, 41.25 feet, an arc distance of 41.25 feet to a "+" cut in concrete set at the end of said curve; South 00 degrees, 05 minutes, 22 seconds East, a distance of 769.18 feet to a 518-inch iron rod with "Pogue Eng & Dew' cap set at an angle point; South 05 degrees, 31 minutes, 27 seconds East, a distance of 166.99 feet to a 518-inch iron rod with "Pogue Eng & Dev" cap set at the beginning of a tangent curve to the right; In a southwesterly direction, along said curve to the right, having a central angle of 30 degrees, 45 minutes, 42 seconds, a radius of 705.00 feet, a chord bearing and distance of South 09 degrees, 51 minutes, 24 seconds West, 373.98 feet, an arc distance of 378.51 feet to a 518-inch iron rod with "Pogue Eng & Dev" cap set for corner at the end of said curve; said point also being the southernmost corner of said City of Grapevine, Texas; THENCE, North 16 degrees, 15 minutes, 13 seconds East, departing the said east line of City of Grapevine tract and along the west line of said City of Grapevine tract, a distance of 39.19 feet to a 112-inch iron rod with "SCI 2466" cap found for comer; said point also being the southeast corner of said Tract 1; THENCE, North 69 degrees, 38 minutes, 37 seconds West, departing the said west line of City of Grapevine tract and along a south line of said'r°'iTrat° r1, I� 4` 12, aw distance of 39.77 feet to a "PK" nail with shiner stamped "JPH Land Surveying" found for corner; said point also being the most easterly southwest comer of said Tract 1 and the most northerly southeast corner of that certain tract of land described in Special Warranty Mineral Deed to C Cube Energy, LLC recorded in Instrument No. D207196493 of the said Deed Records; THENCE, along the common line between said Tract 1 and said C Cube Energy tract, the following six (6) calls: North 12 degrees, 42 minutes, 41 seconds East, a distance of 112.20 feet to a 112-inch iron rod with "JPH Land Surveying " cap found at an angle point; North 71 degrees, 20 minutes, 44 seconds West, a distance of 128.35 feet to a 518-inch iron rod found at an angle point; South 86 degrees, 35 minutes, 29 seconds West, a distance of 221.14 feet to a 1-inch iron pipe found at the most westerly southwest corner of said Tract 1; said point also being a re-entrant corner of said C Cube Energy tract; North 00 degrees, 18 minutes, 01 seconds East, a distance of 373.42 feet to a 1I2-inch iron rod with "SCI 2466" cap found at an angle point; North 01 degrees, 14 minutes, 38 seconds West, a distance of 139.88 feet to a 112-inch iron rod with "SCI 2466" cap found for corner; said point also being the most northerly northeast corner of said C Cube Energy tract; North 89 degrees, 23 minutes, 33 seconds West , a distance of 31.77 feet to a brass monument found for corner; THENCE, North 01 degrees, 30 minutes, 28 seconds East, departing the said common line between Tract 1 and C Cube Energy tract and along a west line of said Tract 1, a distance of 642.47 feet to a 112-inch iron rod with "SCI 2466" cap found at the northwest corner of said Tract 1; said point also being in the south line of Lot 1X, Block 1, Linkside At Grapevine, an addition to the City of Grapevine, Texas according to the plat recorded in Cabinet A, Slide 11527 of the Plat Records of Tarrant County, Texas; THENCE, North 89 degrees, 56 minutes, 30 seconds East, departing the said west line of Tract 1 and along the north line of said Tract 1 and the said south line of Lot 1X, Block 1, at a distance of 157.02 feet passing the southeast corner of said Lot 1X, Block 1 and the southwest corner of Lot 1, Block 1, Landmark At Grapevine, an addition to the City of Grapevine, Texas according to the plat recorded in Cabinet A, Slide 10196 of the said Plat Records, continuing along the said north line of Tract 1 and the south line of said Lot 1, Block 1, at a distapc of Ald r w VR rr 364.75 feet passing the southeast corner of said Lot 1, Block 1, continuing along the said north line of Tract 1, at a distance of 378.84 feet passing the northeast corner of said Tract 1, continuing in all a total distance of 408.05 feet to the POINT OF BEGINNING; CONTAINING, 479,614 square feet or 11.0104 acres of land, more or less. �0 V V, . CITY OFGRAPEVINE CONDITIONAL USE APPLICATION PART 1.cur 4 APPLICANT II Applicant l Applicant 311b W- SbMLAW- BLVD. 1 SUITE city/Stateop Phone t - 1 Fax No. - . Email s it hone f l- Applicant's Interest in subject ® i PART 2.PROPERTY INFORMATION Street Address of j property j Legal Description: Lot I-, Block Addition Legal descdption of subject e (mates ou s must be described on 112"x 11"sheet Size of subject prop re il. t u 1 Present zoning classification[ Proposed use rope f Zoning ordinance provision requiring `i n l use r r INFORMATION ` PropeftyOwner I SPX LAW Ae-oaisrribiji L L I Prop r S110 VJ- . SaiTe Mb city/state/zip r Phone o. t 4 Submit a ImUr dewdbing Me poposed conditional use and note ffm request on 9w site plan d m t In fhe same letter,describe or show on um s9e plan,and condflanal requirements or condfions imposed 1 l use y regulations(example.buffer yarus,cNarance bowman u ) In Me some loiter,descibe whe#w the proposed cotxAbnal use IH,or will not cause substantial ham 16 the value,use,or enjoyment of otherpapenyin the gh Also. ri al use will add to the value, penjoyment!ot ot fn the . h ° plan (Section)Ef The s n submission if meet therequirements of Section 47,site P!an Requ menu. 2 II 2 i J11 All coniffibnal use and cordftional use appricabons are assumed to be cmplefo when gad and wN be placed on the agenda flor pubis heaft at ft disomObn of 1W staff Based on the size of Un apnda,your applbabm may be scheduted to a later date. All PuLft he&kqS WN b&UPI mid W&IMMY given by appkants and biluiested d6zenry. Pubic Iverings may conMued to the r pubic heaft. Pub9c hsadngs wX not be tabled, ;F. Any changIes to a so plan frio matter how minor or major)approved with a corAfforial use or conditional use permit can only be approved by city coumil thraWn Me pubfic rpawmg prowss I have read and understand a#Me aqukements as set Wth by ft appftaffon for conditional use or condftnal use permit and acknawilIedge that all rWke~ts ofthis application have been met at Me time of subminal. PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Print Applicant's Name Applicant's Signature The State of [MiA 3 Countyof I—rAKKAWT Before me(notary) WXLMILh,WA., on this day personally appeared(applicant) 1tIe—RAPj::, known to me Car proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing in3trument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. a day of A.D (Sea])Given under my hand and se I ce thisF, 11 1 ................ KARA E LOMBARDI )I I xp My Commission Expires November 30,200 12 Notary In and For State of I —%X AS Print Property Ownees Name Property Ownees, nature The State of E-X A.5 County of TARTLAMT Before me(notary) I V .,,4, on this day personally appeared(applicant)Fftuitz, F-. simmbms known to me(or proved to me on the oath of card or other document)to be the person whose name Is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this day Of LA P A.D. 4 iii 61s"I I F F, ....... V KARA E LOMBARDI My Commission Expires �10 November 30.2012 Notary In and For State of TE7)CA S .... ........... Pal", 2 201 1 111 1 All Conditional i placed on the agenda for public hearing &t the F _ Based an the size of the application agenda, your . public All F ven by applicants and interested citizenry. hearings.maybe continued to the next public hearing. Public hearings will Any changes to a site f conditional special use permit can only be approved by city i ; . application Any in F ng or for an amendment to the zoning ordinance , submittal,from the date of J Commission before the Planning and Zoning f application has not been scheduled before the Commission f said F considered i th forfeiture of all filing F required resubmitted filing fee may be i in Council applications before the Planning and Zoning Commission and City shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application fi special or i t and acknowledge that all requirements of this application time of submiffal. M Signature Applicant , Date Signature of Property Owner vp Date ., Y " o-l� ,� II T IU, "t , CITY OFGRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1. INFORMATION ��.........mm Applicant e: 1 Applicant Add 1 ® y j city/state/Zip Phone ' 1 Fax No. 217- 741- iSS2 Email Address ® ` it hone 1 t - Applicant's interest in subject a lr t PART 2.PROPERTY INFORMATION Street Address of subject property I VA111 W. eIRAPEVIME t Legal Description: Lot F 1 Block Addition Legal description of subject pro (metes&bounds t be described on 8 1/2"x 11"sheet Size of subject p s Fit-D14A square f ® G.14. Present zoning dessification[i- mmmmm Proposed use f pr t Zoning inn provision requesting deviation fro a 1=A ' t I SW 1=046=81446-UJr PART 3.PROPERTY OWNER I . Property Owner Prop ner Address . • <ujtre Ip + Phone No. — Iasi Fax No. Submit a biter desWbing the proposedplarmed devoilopment use note ft request on he sft phn dDcument Descfflw any spec&requKements or coWiffans Umt of the zoning ut • s in some h s ttaY or u sub t ` n el t of rp in ® h Ai y use !t! to u n° t ot`b r site pbn submission sha# ft requirements of Section 47,&To Plan nts° 2 2'10 1,2 mm , AN planned devabPfflant oveday 8Apkabons are assumed to be complete when Ned and mN be placed on the agenda for publild howng at III discration of ft staff Based an III size of the agenda,your appII may be sdxgduled to a III date. All pubft War*W will be opened and testimony given by apIpficants and Interested`Merry. Pubft heaI may be coneinusai to Me next pubW hewft. PWk how*Vs wX ad be tabled, Any changes to a site plan(no matter how minor or map)appfoved wdh a planned dowelopment Overlay can onty be approved by aty coundl MmWh the pubW hewft Wwou, I low read aid understand all die requirements as set Wh by N*appkaffm for planned development overlay and ackww"s Mat all requmnents of dWs appftahon how been met at On firm of submNal PART 4.SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A SIGN ON THE SUBJECT PROPERTY 914-14Aft) K. Print Applicant's Name Applicant's Sign Pre The State of INEXA5 County of TA P.VAP4-r A Before me(notary)I VP on this day personally appeared(applicant)I Rle.RW> E. simmour known to me(or proved to me o2he oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of uffioe this« day ofF,,, l(W49 A.D, .A7 KARA I E LOMBARrA IWY 00rimmliI Expires MOVORDber 311, 01 Notary I n and For to of Print Property Owners Name Property Owner's SlIginle The State of TEXAS County of TA itst Am-r Before me(notary) on this day personally appeared(applicant) 1L. 4&MrAblds known to me(or proved to me 10n one oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged tom that he executed the same for the purposes and oDrisideradon therein expressed. (Seal)Given under my hand and seal of office this 1% day of 1 AD-Fv 14[le)— My edimirrI Expleas.' iNovembeir 30,20-12 Notary In and For Staite of .......... . ... ........................... 7 12012 By P 6��- �..( ACKWW ;1 ) � L All Conditional Use and Special Use Applications are assumed to be complete when riled and will be placed on the agenda for public hearing at the discretion of the staff. Based an the size of the agenda, your application may be scheduled to a later date. AM public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an applicafion,has not been scheduled before the Commission and CouncH said application shall be considered withdrawn, with forfeiture of all riling fees. The application, along with the required filing fee maybe resubmitted any time thereafter for reconsideration. Delays In scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month pedod. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. ......................................................................................................................................................................................... ............................... Signature of Applicant Date F Signature of Property Owner Date 2ZIT12 r�„, �I_ntegrated�onsrruccion 31;1.00 SouthIA&--Blvd. 00 pment Suite L2O I►tei, tetlJimOusing Southlake, TX 760-92 Solutions Phore(817) 7421-85 fax(817) 74'2485-2 Integrawd Property Management April-2,201.2 City of,Grapevine Development'Services.Planning Division 200 South Main'Street Grapevine, -IX 760551 The'site whicb we are requestintrezoning is- -an 11.0.104 acre°tract which'is-currently zoned It-MF 2'. This.zoning:allows 20 un its.per acre whichlequates,to 220 overall units. This site is definitely unique as:it:is thel odly:-site:located within;the City currently zoned multifamily. Given the site's:,layout and location.it:certainly has inherent advantages and disadvantages-the make it more ehallenging.than most.The:site-backs up:to the-Cowboys Golf Course where over 250 specimen tree&exist`today... Additionally;the site;has:a substantial landscape buffer along Grapevine Mills loop ltd, also allowing.trees-to be saved and internal property-connections:to;a city hike and bike:trall that we will construct. The site is separated-from adioiningproperties by fairly substantial topography in the-front and the back.While the•.rear ofthe•property contains TAU-power lines,.said area.hasthe'highest:concentration of tiees across the property and makes up a significant portion:of the resident walkways:that the.developer will-construct. This area offers a gorgeous:buffer along,.the°near•of the�propertythai c' be-used:as illustrated by5the landscape architect for walkways,open area and:other,resident:amenities. -Although-the-development of this-site was,very challenging, it forced:our:development team to!b&creative in terms•ofbuilding-types while remaining;focused.on:the design criteria:outlined by the City. Thei site5consists;of both-three and;fout-story-buildings.. The- (4):four-story buildingame;located airing the rear of the:property!and-offer covered parking,elevators and premium views. Tlte.front ofthe%propetty will consist of(7) traditional townhome buildings,which offer an attached garage(s)for:every unit. This offers our future residents-the.comfort of:direct:access�parking,additional security�aswell as storage nottypically found iaother apartment communities in:,Grapeuine. We havevnhanced-the-elevation-of`th four-story building listening to the direction provi+de&by.Council members whenthissite-.was.heard in.201:1, Furthermore,we eliminated.the.taller buildings along the:front:ofthe°property and replaced these buildings mlth-a..softer townhome°:Building archit wi th...very tue We,askedournew each building: pec #a elevate.=the exteriors�of including the oluhouse with:a style that�woul''d.be.similar.-in style. The end i�esuIt Aroin�the:prev ous:application is: Y. Lowered;density request--O.�accommodate Munits`011&previous.request.was 27.87 b. Ad ed'townhome:bui � ill g onteproperty ll ese uildings' be•the rnost;visual,from the street: z. Modifed.:the elevations to::I p?�dimasanry,(stucco.and stone;with;exception-of patios;breezeway-&an&_-porches) W-e°believe.the new°elevatious'Ieiid themselves to a supft or"A+"product;similar to-thei other buildings:that Mr. Simmons has , developgd in the:past. A. .-More.emphasis°will be::placed on walk-mg,econeetibg.to:the:city:hike:and.bike trail{see•architectursl plan). e. Intending:on purchasing Qo-acres:of cityproperty along our frontage.-which increases siteacreage and further lowers density(density request i 12- T units compared, 26.7 units in the previous appl[cation). £. '.;Increased-parking to 1,9:spaces:per unit(tbe:provit�us�Yequest:was 1.?-).. We are:requesting..the following:planned d'eve variance requests: 1) In:or erto keep-.the opening behind,the=Clubhouse as-wide as.'P9 ssible=we-are requesting that the'separation between•buildings.and at;the north edge-afthe site be 20'instead of20' or the-.height afthe'°bull 'ding, Itis highly'uo]%kely tl2at.any building will be=built close to.the north bioundary,because-of the TXU easement cutting.diagonally across.that..portion:ofthe,site.Thei spaces,between the . buildings are primarily there;to aid in fire-fighting:and=preventing the,spread of fire. Since we,ate proposing four story°buildings we:have worked with.the Fire 11iMamhal to provide°.increased fire protection for those buildings;and allow better Access for the fire fighters.These:added>protectioms,wi[l-inolude standpipes behind•the=buildings Along the:golf coturse acid on-each ofthempper floors ofeach, building:as.well assfiill spriniding of-the buildings thst have.reduced.aecess to thi rear:ol'tlxe°buildings.The.townhome buidings;not bacslQrig:up.to the;golfcourse will have normal residential sprinklers. 2) Our proposed osed four=sto buildin s-are-u ;to 250-in_lea - P P• rY g p gth,which�is�:mvre•than:'fs Allowed iri:the tit a axd[nance.' ese:buildiings make up:four of tlie=eleven buildings and-we.Have provided substantial offsets.along•th&outfacing::sides of our longer�buildings to.provi&the kind ofreliefthat the ordinance was'tryingto insure. We have chosen,to•request:longer buildings'to=be-able to provide 100% elevator.-,accessible:buildings#hat:are eeonomicallysensible. Said-buildings are located along-thaxear easement. 3}, e`liaveprovideda,minimum,of,1Qfeetoflandscapearealbetween;parkingand vehicle use.areas:adjacent°°toAlf property lines as::regtiued by cif!•ordinance;.with A cepfion:oFthwp:sitial1 areas;().,turn around-JQ ationAtnotth.entty aloft nortlii. g property line,Ci):tutnyarourtd:location at south entry along.south propeity line:and (iii .drive accessing tie podiumparkingnear Building,l along:south-propertyl-Ine. The.width=of the landscape area far items and: iii}is requested twbo a:.minimum oftwo feet:The.riirith ofthe landscspe_area:along item:�ii%)is requested to beta minimuri�of°.sib feet The turn around........areas were added as arequest'by city staif� during our first submittat back in:2011 sa that visitors not gaining access to site would lxave•an area to-turn.around.These-pped areas-within the 10-landscape buffer are extremely small in size:and have negligible:impact,if any.;to the overall landscape-buffem along:the north.and,southrproperty lines but.do...provide a benefit for future visitors:and-residents.of ours community. Additionally,we-are requesting the.foltow ng condition-usages I), W em are asking for Ngher densitythn. w : -inpr -to°make th pro, j ect large=enough to=be a manageable-:size<andin part to: ie=able'to.t:afford to offer.mo e- attractive;arnenit es-and-finishes. eurrentxoning allows 20-units/aere:and we are requesting 22.1 units/acre..'Phi's is within reasonable limits-of what has-been .granted on other projects..in the.,city E5PEMLLY.given:the--high:quality,that..tht's development-,wi lf cre afe: 2) We are-requesOng an increase frOM two stories-with,a 3S"height,limitat on to four stories with a 5 'height(-as measured from fraish floor•t&top°plate)limitation ONLY on o buildings along;the rear-of the--property., We:believe-that the-open spate and view corndor`behiad these buildingsiustifies this-variance. Albug the front our townhome.building.(two-three stories)will max out at 30' feet high(as measured firom.finish floor to tops plate)but will have a-,nicemroof pitch creatiing the look of a very custom product. . 3) We.are.proposing aG.park iog ratio�ofl..9;pWrig per°unit instead:of°tlie IO.-per-unit that Lis:called for in the:zoning ordinance. This ratio is4n line wi&many:bther ordinances4n the-area and has,proven successful iii-other similar:projects. Premium+renters are likely to have fewer cars but higher quality c:arg therefore the higheir percentage.of`covered:parking. Additionally,the quality oft he W01.attract.ernptynesters--given:the.elevators-and.secured.covered parkin options. This:demogmphie wil.genemily.- Lave a smaller family formation which .rn'turn will own:fewer vehicles. Most senior commuhities.are: parked;.at 12-5, . 4) Otir..,recreadbnW'open space is,approximately'l l 7,!1'TI sf'whi-ch;exceeds the.c ity requirement of ttr0,7'SO:sf by 5.6,V! s£ The city just recently:modified its ordinance.and now requires-the"recreational",open.space toibe-located internal to 'the,--site We are°requesting:a variance.from,having:our`r6cread nar open.space internal a-our community and not a vanance:on.iha amount of re afional.:gpen space AS-Previous[�r�entida4 t)us site..has:a.veg- que layout.with:Cowboys. Groff C.4urse.being$dj&cent.to a large:porEon"of our:western property line and'the CiWs.•hike;and>biketrail.toft located-:along.:and;within-our easte n,-. property fun tt nal"'recr eatinal n space't non f tlia.west and past:orrz a ta:prnvide the :, P g dots of our community:., Itisrour.desire t6burild a quality high-end::development.that meets.the.highest and best use for the-.citizens:of Grapevine while:incorporati'ng.the-vanooR°:City requirements. Our new development team has.worked feverishly on:designing.a nevi layouti that would`be suitable for-the City given.the previous,comments=:by.staf,yNatnning and Zoning area City Council. T.-hank you.for:your consideration°. Sincerely; tsio Rich ard ns General Partner EXHIBIT"A" Case Name:Enclave at Grapevine Case Number:Z12—xx,CU12—xx,PD12-xx Location :2311 West Grapevine Mills Circle; LOU,Block 1, Enclave at Grapevine Addition(11.01.04 Acres) r r Conditional Use Variance Request Section Regulation Requirement Proposed peviatlon 22.F.1.0 Density 213 Units/Acre Maximum The Applicant is proposing 22.1 Units/Acre Allowed 22.1.1 Height Two Stories,35 Feet Maximum The Applicant Is proposing three and four stories,not to Exceed Allowed 55 Feet•(F.F.to Tap Plate)on 4 buildings, 56.c.1 Parking 2.0 Spaces Required Per Unit The Applicant is proposing 1.9 spaces per unit.Tandem Spaces 19'x18")located immediately behind garages shelf be counted as acceptable parking spaces. 22.F.3 Minimum Open Space Location of recreational open The Applicant Is proposing to provide functional open recreational space shall be located internal space along the West,East,and Northwest sides of the site. to-the site. Proposed plan will also save over$00 trees. Planned Deveb meat Overlay Variance Request Section Regulation Requirement Proposed Deviation 22.M.3 Design Requirements The ordinance establishes that The Applicant Is proposing that no-.building w81 exceed 2SO linear Relative to Building the length of any building shall feet(4 buildings only). Length not exceed 200 linear feet. 22.M.6 Design Requirements The ordinance establishes that The Applicant is proposing a separation of approximately 20 feet Relative to Building the minimum separation between buildings 2 and 3,buildings 4 and 5,bulldings 5 and 6, Separation between any two unattached buildings 8 and 9,and buildings 10 and 11. buildings shall be 20 feet or the height of the building, whichever is greater 53.H.2 landscaping The ordinance requires a The Applicant is proposing between two and six feet of minimum of 10 feet of landscaping in several small areas relative to turn-around areas landscaped area between near the North and South entries,and near the drive accessing the parking/vehicle use areas and podium spaces near building 1. adjacent property lines 3 .f e t A '7 3030 LBJ FREEWAY SUITE 1880 DALLAG.TEXAS 75234 972/248-3006 FAX 972/248-3866 TOLL FREE 688/298-3006 L 01 nmw 400 I No IN April 6, 2012 Mr. Rick Simmons Integrated Real Estate Group 3110 W.Southlake Blvd,Suite 120 Southlake,TX 76092 Re: Parking Needs Assessment—Enclave at Grapevine Apartments Dear Mr. Simmons: Lee Engineering has assessed the parking needs of the proposed Enclave at Grapevine apartment complex located on Grapevine Mills Circle, west of Grapevine Mills Mall in Grapevine, Texas. The proposed multifamily development will include one,two, and three bedroom floor plans with a total of 243 units. The distribution of unit types is summarized in Table 1. Table 1:Enclave at Grapevine Unit Breakdown Type of Unit Number of Units Number of Bedrooms 1 Bedroom 109 109 2 Bedrooms 104 208 3 Bedrooms 30 90 Total 1 243 407 Area City Parking Requirements As part of this analysis,we identified the parking requirements for several cities in the Dallas-Fort Worth area,with the selected cities representing the largest in the Metroplex and cities adjacent to Grapevine. Table 2 summarizes the multifamily parking requirements for each of the selected cities. Table 2:Multifamily Parking Requirements of Selected Cities City Off-street Parking Requirement Arlington 2/unit for first 50 units and 135/unit for remaining units 1.5/1 bed unit Bedford 2.0/2 bed unit 2.5/3 bed unit Coppell 2/(1+2 bed)units 2.5/3 bed unit Dallas 1/500 sf Maximum of 2/unit for buildings>36 feet tall 1.5/1 bed unit Denton 1.75/2 bed unit 2/3 bed unit Euless 1/unit+0.5/bedroom+1 per 5 total units Fort Worth 1/bedroom plus 1/250 sf of common area Flower Mound 2/unit City of Grapevine's ordinance currently requires two(2) parking spaces per apartment unit. National Standard Parking Data The Institute of Transportation Engineers (ITE) publication Parking Generation (3`d Edition) includes parking demand data for multifamily developments. The Low/Mid Rise Apartment(Land Use Code 221) use was identified as the most similar to the proposed development with the largest sample size. Based on the data presented, peak demand for parking at a suburban multifamily development occurs between midnight and 4:OOAM. The average peak period demand observed at the 19 study sites was 1.2 vehicles per dwelling unit. The Urban Land Institute's publication Shared Parking (2nd Edition) recommends a base parking ratio of 1.5 parking spaces per unit for residential developments that are primarily for rent. The Eno Foundation's publication Parking suggests parking space zoning requirements for multifamily developments be based on the type of unit and number of bedrooms. Efficiency or Studio units need 1.0 space per unit, one bedroom units need 1.5 spaces per unit,and those with two or more bedrooms need 2.0 spaces per unit. Another publication, The Dimensions of Parking (5u' Edition), was developed jointly by the Urban Land Institute and the National Parking Association (NPA). This publication cites a recommendation for zoning standards from the NPA's Parking Consultants Council for Rented Multifamily units of 1.65 spaces per unit. Area City Parking Requirements and National Standards Applied to Proposed Development The required parking of the D-FW area cities and the national standards for an apartment complex with the proposed makeup of the Enclave at Grapevine was calculated and the results are presented in Table 3 and Table 4. Table 3:Parking Required for Enclave at Grapevine Applying D-FW Area City Requirements j Spaces Required city Off-street Parking Requirement Variable Calculations Total 2/unit first 50 units+ 50 units Arlington 1.75/unit for remaining 193 units 438 438 1.5/1 bed unit 109 1-bedroom units Bedford 2.0/2 bed unit 104 2-bedroom units 447 447 2.5/3 bed unit 30 3-bedroom units 2.011 bed unit 1091-bedroom units Coppell 2.0/2 bed unit 104 2-bedroom units 501 501 2.5/3 bed unit 30 3-bedroom units Dallas 1/500 sf 259,599 sf 519 486 Max 2/unit for buildings>36'tall >36 feet tall 486(max) 1.5/1 bed unit 1091-bedroom units Denton 1.75/2 bed unit 104 2-bedroom units 447 406 2/3 bed unit 30 3-bedroom-units 1/unit+ 243 units 9 Euless 0.5/bedroom+ 407 bedrooms 495 495 1 per 5 total units 49 units Flower Mound 2/unit 243 units 486 486 1/bedroom+ 407 bedrooms Fart Worth 425 425 1/250 sf of common area 4,600 sf of common area �I The results in Table 3 indicate that the proposed 462 spaces would fall above the parking requirements for half of the eight(8) area cities. The average requirement for the proposed development based on the requirements of the selected cites would be 461 spaces or 1.9 spaces per unit. The proposed development is providing 1.9 spaces per unit for a total of 462 spaces. Table 4:Parking Required for Enclave at Grapevine Using National Standards Document -� ITE UI.I ENO UWNPA Unit Tye E!Lktn I GenemOun Shared Parking Parking Dimensions of Parking 1 Bedroom 1.5 x 109 2 Bedroom 1.2 x 243units 1.5 x 243 units 2.0 x 104 1.65 x 243 3 Bedroom 1 2.0 x 30 Total 292 365 432 401 The results in Table 4 indicate that the proposed 462 parking spaces would exceed the requirements of these national standards. The average requirement for the proposed development based on the selected national standard publications would be 373 spaces or 1.53 spaces per unit. Conclusions The proposed parking supply for the Enclave at Grapevine apartment complex exceeds the requirements i for four of the eight comparison cities and all of the national standards reviewed. The proposed supply is greater than the average parking requirements of the selected cities by one (1) parking space and exceeds the average of the national standards by 24 percent. If you have any questions regarding this study, please contact me at(972)248-3006. We appreciate the opportunity to provide these services. Sincerely, Kelly D.Parma, P.E., PTOE Project Manager Lee Engineering,LLC TBPE Firm F-450 f M6112 ( �,� wtFw� 4� QAUAS/FORT WORER IMINAnOMAL AIRPERRY ENROYMENTAL AFFAIRSnEPARTMERT 3200 EASFAIRFIELa DRIVE,PA.B0%619428 4 May 2012 BFWAIRPORT,TEXAS 75261-9428 www.&Himatcom T 972 973 5570 F 972 973 5592 Mr. Ron Stombaugh Development Manager PO Box 95104 Grapevine, Texas 76099 RE: The proposed "Enclave at Grapevine", a proposed 243 unit condominium development planned to be located at 2311 West Grapevine Mills Circle. Dear Mr. Stombaugh: Dallas/Fort Worth International Airport {DFW} appreciates the opportunity the City of Grapevine provides to comment on items which may be included on the Grapevine Planning and Zoning Commission's regular agenda. DFW views with concern the twelve, condominium buildings containing 243 units and a clubhouse, proposed for development at 2311 West Grapevine Mills Circle. The proposed development lies adjacent to the arrival and departure corridors for Runways 18R/36L and 18L/36R at a distance of about 3.25 miles from those runways. During South Flow operations, which occur about 70% of the year, between 250 and 350 arriving aircraft will typically pass within 0.5 mile of the proposed residences at between 775 and 1,175 feet above the ground. During North Flow operations, about 30% of the year, approximately150 - 250 departing aircraft will typically pass, at climb power settings, within 0.5 mile of the proposed residences at altitudes of between 1,900 and 4,000 feet above the ground. This volume of air traffic at the altitudes noted can be expected to annoy some unknown number of the residents of this proposed development, if it is approved. The proposed development is inside the 65LDN contour and adjacent to the 70LDN contour. The FAA recommends against this kind of incompatible land use inside the airport noise contour. Please refer to attached graphics for orientation. If the City finds approval of the proposed development to be in its best interest, the Airport strongly recommends the following: 1. The 25dB Noise Level Reduction recommended by the FAA be mandated and confirmed by the architect/engineer for the project; 2. The applicant be required to provide full disclosure of the project's location within the airport noise contour to all first, and subsequent purchasers/renters of residences in this project; and, 3. An avigation easement be dedicated to the City of Grapevine, the Dallas-Fort Worth International Airport Board, and the Cities of Dallas and Fort Worth. Thank you for your consideration of this matter. Please contact me at 972-973-5570 at your convenience should you want to discuss this matter further. Sincerely, 14 A6 (JO—w- Harvey Holden, Noise Compatibility Planner DFW Noise Compatibility Office cc: Sandra Perkins Joseph T. 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SUGGS SURVEY, ABSTRACT NO. 1415 AND THE A.W.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 "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "R-MF" 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 otherthingsthe characterof 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. 2 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z12-02 to rezone the following described property to-wit: being an 11.01 acre tract of land out of the H. Suggs Survey, Abstract No. 1415 and the A. W. Anderson Survey, Abstract No. 26, Tarrant County, Texas (2311 West Grapevine Mills Circle) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-MF-2" Multifamily District Regulations is hereby changed to"R-MF"Multifamily 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 forthe 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. 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 15th day of May, 2012. APPROVED: ATTEST- APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 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 CONDITIONAL USE PERMIT CU12-13 TO VARY FROM THE ESTABLISHED STANDARDS CONTAINED IN SECTION 22 "R-MF" MULTIFAMILY DISTRICT REGULATIONS RELATIVE TO DENSITY, HEIGHT AND LOCATION OF OPEN SPACE, AND TO SECTION 56 OFF- STREET PARKING REQUIREMENTS IN A DISTRICT ZONED "R-MF" MULTIFAMILY DISTRICT REGULATIONS 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 CONDITIONAL USE 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 conditional use permit 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 conditional use permit 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 conditional use permit 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 48 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 otherthings the characterof 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 conditional use permit, 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 conditional use permit 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 conditional use permit 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 conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public ORD. NO. m 2 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 conditional use permit in accordance with Section 48 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 Conditional Use Permit CU12-13 to vary from the established standards contained in Section 22 "R-MF" Multifamily District Regulations relative to density, height, and location of open space, and to Section 56 Off-Street Parking Requirements in a district zoned "R-MF" Multifamily District Regulations within the following described property: Lot 1, Block 1, Enclave at Grapevine (2311 West Grapevine Mills Circle)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 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 which are in direct conflict with the provisions of this ordinance. ORD. NO. 3 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. 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 15th day of MAY, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. AN ORDINANCE 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 PD12-01 TO INCLUDE BUT NOT BE LIMITED TO BUILDING LENGTH, BUILDING SEPARATION, AND LANDSCAPING IN THE "R-MF" MULTIFAMILY DISTRICT REGULATIONS 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 foroff-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 otherthings the characterof 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 public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this community. ORD. NO. 2 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 PD12-01 to include but not be limited to deviation from building length, building separation and landscaping within the following described property: Lot 1, Block 1, Enclave at Grapevine (2311 West Grapevine Mills Circle)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 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. ORD. NO. 3 ,mm 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. ' "hat 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 15th day of May, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4