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HomeMy WebLinkAboutItem 03 - Z09-05 World Villages of Grapevine , C c ���n� � __�"�_� �- �� f TO: HONORABLE MAYOR, CITY COUN IL MEMBERS AND THE `� - PLANNING AND ZONING COMMISSION �� FROM: BRUNO RUMBELOW, CITY MANAGER �� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: SEPTEMBER 15, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z09-05 ,,, � � r--� i � �-- � ~�---________ _ ;��ti�- APPLICANT: Sherman Thurston � ,� � �— Grapevine i �oye Lake � '` -- Ra i PROPERTY LOCATION AND SIZE: � ; ` �,�' I.H.1635 The subject properties are addressed at 3545, 3570, � Northwes ; and 3575 Dream Gardens Way and are proposed to �oods P4� ^°� be platted as Lot 1, Block 1; Lot 1, Block 2; and Lot ������'�� � �? ' 1, Block 3 World Viilages of Grapevine. This , � ; ' property contains 16.06 acres and has approximately � Hall-Johnson sti,,so ADp a ; 840 feet of frontage along Grapevine Mills Parkway _ (F.M. 2499) and 977 feet of frontage along the west � �� -� _� _. I side of Dream Gardens Way and 700 feet along the ro Glade Rd. m !_� east side of Dream Gardens Way. The multi-tenant h c 3 retail/office structure also has approximately 300 feet of frontage along Imperial Way to the north and 285 feet of frontage along Alpine Way to the south. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone approximately 16.06 acres from"CC" Communitv Commercial District to"MXU"Mixed Use District for the development of a multi- phase apartment project and a multi-tenant retail/office structure. At the July 21, 2009 meeting the subject property was considered for rezoning to "MXU" Mixed Use District and was presented as a multi-phase apartment project consisting of 552 � total units with a density of 33.7 units/acre. No other components of a typical mixed use project, i.e. retail, office, or restaurant were presented. Concern was expressed during the public hearing by both the Council and the Planning and Zoning Commission relative to the lack of other components of mixed use and the applicant requested to withdraw the zone change application. With this new application the applicant still intends to develop apartments as part of the request but has also included a multi-tenant retail/office structure that was not included in O:�ZCU�Z09-05.4 1 September 3,2009(12:18PM) . .. . � the previous request. The applicant has also eliminated the northernmost senior living apartment structure from this request. The southernmost apartment structure, located on Lot 1, Block 1, will contain 118 total units comprised of 66-one bedroom units, 40-two bedroom units, and 12-three bedroom units. This structure will be four-stories in height and all parking will be partial below-grade underneath the building. Two apartment structures are proposed on Lot 1, Block 2. Both are also four-story structures with both surface and partial below-grade parking. In total, both buildings will contain 234 units. The northernmost building on this lot will contain 90-one bedroom units, 32-two bedroom units, and 16-three bedroom units. The southernmost building will contain 48-one bedroom units, 40-two bedroom units, and eight, three bedroom units. Relative to the entire apartment project, 352 total units are proposed, comprised of 204- one bedroom units, 112-two bedroom units, and 36-three bedroom units. The applicant has exceeded the parking requirement on all the proposed apartment structures and there are no units proposed below 750 square feet in size. Density for the proposed apartment project is 37.8 units/acre. Although the Flexible Standards section of the Mixed Use District allows for consideration of this project as submitted, it should be noted that the apartment project has no ground floor retail or office component that is generally required of a mixed use project that has frontage along a public street. In addition to the apartment project, the applicant intends to develop a multi-tenant office/retail structure and parking garage to the east of the apartment project on the east side of Dream Gardens Way which will also have frontage along Imperial Way to the north and Alpine Way to the south. This structure will consist of three multi-story components wrapped around a four-level parking garage structure. The ground floor of each of these building components will be utilized for retail uses only and comprises 53,635 square feet. The second through forth floors will be devoted to office related uses and comprises 141,859 square feet. The garage will contain parking for 932 vehicles. Appropriate reservation of future right-of-way along Grapevine Mills Parkway(F.M.2499), Grapevine Mills Boulevard North, and State Highway 121 in anticipation of realignment of these roadways has been done as part of the platting process. As a part of this request, if approved, the attached ordinance will terminate the deed restrictions on the subject site that were part of Ordinance 95-62 approved in August 1995. At the meeting in August 1995, Council approved multiple rezoning within the subject site to"CC"Community Commercial District, "BP"Business Park District, and "R-MF-1"and R- MF-2"Multifamily District with deed restrictions limiting the number of dwelling units on the subject tract,establishing a jogging and hiking trail,establishing noise reduction standards and certification, and establishment of a fund for the construction of utilities to the site. All provisions contained within the deed restrictions have been met and the limitation on dwelling units has been deemed no longer necessary. O:\ZCU\Z09-05.4 2 September 3,2009(12:18PM) Ay*, PRESENT ZONING AND USE: The subject property is currently zoned "CC" Community Commercial District and is undeveloped. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property was zoned "I-1" Light Industrial District prior to the 1984 City Rezoning. The area incorporating the D/FW Hilton to the north, Anderson- Gibson Road to the south and east to State Highway 26 and State Highway 121 North up to the Tarrant/Dallas County line was rezoned to"HCO"Hotel/Corporate Office during the 1984 City Rezoning. A 35 acre tract to the west of the subject site was rezoned to "CC" Community Commercial.District (Z96-08) at the June 18, 1996 joint public hearing. The area to the east of the Tarrant/Dallas County line,south of Anderson-Gibson Road,as well as the area to the north of Anderson-Gibson Road east to State Highway 121 was rezoned to "PID" Planned Industrial Development during the 1984 City Rezoning. Zone Change Z85-23 approved October 1, 1985 rezoned a total of nine tracts in this area--one tract was rezoned to"R-MF-1"Multi-Family,one to "R-MF-2"Multi-Family;four tracts were rezoned to "CC" Community Commercial, one tract to "HCO" Hotel/Corporate Office, and another was rezoned to "LI" Light Industrial; one tract remained "PID" Planned Industrial Development. The approximate 28 acres currently zoned"R-20"Single Family Residential District located north and south of Anderson-Gibson Road was established during the Local Option Election of 1993. Zone Change Z95-04 rezoned three tracts in the north easternmost portion of the city from"LI"Light Industrial,"CC"Community Commercial,and "PID"Planned Industrial Development to"BP"Business Park District. Zone Change Z95- 06 approved on August 15, 1995 placed deed restrictions on many of the tracts rezoned by Zone Change Z85-23. A portion of the subject property was rezoned from "PRY Planned Industrial Development to "BP" Business Park District (Z97-16) at the October 21, 1997 meeting. At Council's July 20, 1999 meeting, two tracts of land previously rezoned from "PID" to "BP" at the October 21, 1997 meeting--approximately 20.413 acres and 36.710 acres were rezoned from "BP" Business Park District to "CC" Community Commercial District for potential retail and commercial development. A zone change request(Z01-11) was considered at the August 21, 2001 on the subject site rezoning 55.9 acres of the subject property from "R-MF-1"Multifamily District and 107.3 acres from"CC"Community Commercial District to "BP" Business Park District for potential office/warehouse development. That request was withdrawn by the applicant. A later zone change request (Z01-15)was submitted on the subject property at Council's November 20, 2001 meeting rezoning 55.9 acres from "R-MF-1" Multifamily District to "CC" Community Commercial District for potential commercial and office development. At Council's December 19, 2006 meeting a zone change request(Z06-15)and a planned development overlay(PD06-09)was considered and denied on the subject and surround property. The applicant(Toll Brothers)was attempting to rezone approximately 110 acres of the entire 162 acre "Hunt" tract for townhouse and single family development. OVCIAZ09-05.4 3 September 3,2009(12:18PM) SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-MF-1"Multifamily District, "CC"Community Commercial District- Riverwalk apartments, vacant property SOUTH: "CC" Community Commercial District—Magic Mike's Shell Station, Speedway car wash, and developing retail property EAST: "CC" Community Commercial District—vacant property WEST: "CC"Community Commercial District, "R-MF-2"Multifamily District— Magic Mike's Texaco station, multi-tenant retail building,Cross Creek apartments AIRPORT IMPACT: The subject properties are 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,personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. With appropriate sound attenuation for the"MXU"Mixed Use project, the applicant's proposal is an appropriate in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Grapevine Mills Parkway (F.M. 2499) as a Type "A" Major Arterial with a minimum 100 foot right-of-way developed as six lanes with a center median. Grapevine Mills Boulevard North is designated a Type "B" Major Arterial with right-of-way width determined by TxDOT. Within the subject site three points of access are proposed to Grapevine Mills Boulevard North and State Highway 121. World Villages Promenade will have a signalized intersection with Grapevine Mills Boulevard North and right-in/right-out access only along the State Highway 121 service road. Dream Garden Way is proposed to have full access to Grapevine Mills Boulevard North but will not be signalized. West Villages Drive is the only proposed point of access to Grapevine Mills Parkway(F.M. 2499), which will be developed as a right-in/right-out access point only. /rs OAZCLAZ09-05.4 4 September 3,2009(12:18PM) i f e . fx DIA TR 58 I ND 142 AC IT III I 2.988 Ii I i -V- I i R-MF-2 i a 14 i 1 ir I TR 183 ITR 1 5 ...%2 ■ Z . . - . . . . . .**.•:":1, 12.992 a II -la 1 1 \ 11* 20.482 a 2 ......-1 19.7593 II . ■TR.581C. '..:: 01...........16... . . . . I 5 i . . . . . . . . . . . . . . . TR 1 1% rk* e. 183A , r. m- 10 -,-" ••, • CL 8 83 a Dallas Cou .....11 . °) 9 i 3,„. iii ' • ' TR•58fC .. Ok•1. 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Applicant's interest in subject property Pecatcr /1/4/1/46Ck 3. Property owner(s) name 6,90C45 fvfNc0/14C, IP. trArnaPifatOP0 Address t.I1 CatWOUE, &I/I) #0260 City 604(i34A1t( State TX Zip --7603V Phone # 1/7-34- Fax# 4. Address of subject property NC ARK? oF f.4 ,2197 Aim) Ceefgasc Aluss RdA, Legal Description: Lot I Block bibliqAddition Itibez mobs or6101Patee Size of subject property 15, 4175 acres - square foot Metes & Bounds must be described on 8 1/2"x 11" sheet 5. Present Zoning Classification C C- 6. Present Use of Property Alter 7. Requested Zoning District AIM 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is nikt4 OAZCLAFORMSIAPP.ZNCP.doc 1/30/2008 AO 2 7 2009 9. Minimum/Maximum District size for requested zoning /vf� '' AN 10. Describe the proposed use U /41)Aeriv Ts / Rem, I D ,`ce. 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. All Zone Change Requests are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion 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 council 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 time of submittal. 11. Signature to authorize a zone change request and place a zone change request sign on the subject property. ,_,,j Applicant(print): 3It,j ,,ite4J "1 ` ' Applicant signatur-! ■■•■ 1111111111111111161r16.- Property Owner (print): "644 ' al nie i rb • Property Owner signature: 11' / O:\ZCUIFORMSWPP.ZNCP.doc 1130/2008 3 AUG 7 2009 Zp _6Z661 The State of TE'RS County of 1 RRiIA7r Before me n- 9,4.0 on this day personally appeared 4€/f14N Wilfecip/✓ known to me (or :Ave to on the oath of or through (description of identity 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. Given under my hand and seal of office this VII day of ,4L4&L ST A.D. boo 7 . SEAL ' ev04-At4.9, /114,- -- - _o;• ���;; BARBARA J.HULL Notary Signature s=:= 14; p•-- Notary runic.State of Texas 4'; „Zi My Commission Expires 08-20-09 -- s ,loo The State of T x S County of 77946 A,T Before me 'q, #icy on this day personally appeared 12 f4l:,L PRLMErfo known to me{or proved to me on the oath of or through Ph©f© !7/) (description of identity 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. Given under my hand and seal Of office this S' day of A-464 7 A.D. ?ooq . 4aA-eirmec 4SEA�._2o`.�°'""�B�- BARBARA J.HUIt , •= ;•5 Nolar Public.Slate of Texas i . '`'_�My Commission Expires 08:211-09 Notary Signatu �i rypn�o` i O:1ZCU1f ORMSIAPP.ZN CP.doc 1/30/2008 4 f U i 2009 4 Z.09—° 5 PROPERTY DESCRIPTION STATE OF TEXAS: COUNTIES OF TARRANT: BEING a 16.062 acre tract of land situated in the J. Gibson Survey,Abstract No. 587,Tarrant County,Texas,being a portion of that tract of land as described in deed to The Gardens of Grapevine Development, L.P.,recorded in D207271075, Deed Records,Tarrant County,Texas (DRTCT), and being more particularly described as follows: BEGINNING at a 1/2" rebar with a yellow plastic cap stamped"Goodwin&Marshall"set (hereafter referred to as 1/2" rebar capped set) in the east line of F.M. Highway No. 2499- Grapevine Mills Parkway(160'R.O.W. per Volume 9134, Page 2276, DRTCT-Parcel 2, Part 2) at the most westerly southwest corner of said The Gardens of Grapevine Development, L.P. tract (hereafter referred to as Gardens tract)and the northwest corner of Lot 3, Block 6 of Cimarron Crossing,an addition to the City of Grapevine,Tarrant County,Texas as recorded in Cabinet A, Slide 5522,Plat Records,Tarrant County,Texas(PRTCT); THENCE N 02°22'29"E,departing the northwest corner of said Lot 3, Block 6 of Cimarron Crossing, along the east line of said F.M. Highway No. 2499 and the west line of said Gardens tract,a distance of 831.46 feet the northwest corner of the herein described tract of land, from which a 1/2"rebar found at the most westerly northwest corner of said Gardens tract and the southwest corner of a tract of land as described in deed to The Leone Group,recorded in D208185509, DRTCT bears N 02°22'29" E,216.30 feet; THENCE departing the east line of said F.M. Highway No. 2499,traversing said Garden tract,as follows: S 8T37'31" E,a distance of 132.34 feet; S 70°35'16" E,a distance of 277.82 feet; S 70°40'02"E, a distance of 66.00 feet; S 70°36'11" E, a distance of 90.92 feet; S 73°42'05"E,a distance of 351.08 feet; S 16°17'22" W,a distance of 38.00 feet; S 00°01'30"W,a distance of 560.39 feet; N 89°58'30" W,a distance of 326.37 feet; S 00°01'30"W,a distance of 356.47 feet to the north line of Grapevine Mills Boulevard North(Variable width R.O.W.)and the south line of said Gardens tract; THENCE S 89°53'12" W,along the north line of said Grapevine Mills Boulevard North,a distance of 81.20 feet to a 5/8" rebar found(bent)at the most southerly southwest corner of said Gardens tract and the southeast corner of Lot 1,Blockl,Speedway Grapevine Addition,an addition to the City of Grapevine,Tarrant County,Texas as recorded in Cabinet A, Slide 9164, PRTCT; THENCE N 00°14'52"W,departing the north line of said Grapevine Mills Boulevard North, S r P 2009 Zo a5 along a west line of said Gardens tract and the east line of said Lot 1, Block 1, Speedway Grapevine Addition,a distance of 251.00 feet to a 1/2"rebar capped set at a reentrant corner of said Gardens tract and the northeast corner of said Lot 1, Block 1, Speedway Grapevine Addition; THENCE S 89°53'12"W,along a south line of said Gardens tract and the north line of said Lot 1,Block 1, Speedway Grapevine Addition, a distance of 195.00 feet to a 1/2"rebar capped set at the northwest corner of said Lot 1, Block 1, Speedway Grapevine Addition, said point lying in the east line of aforementioned Lot 3, Block 6 of Cimarron Crossing; THENCE N 00°14'52" W,along a west line of said Gardens tract and the east line of said Lot 3, Block 6 of Cimarron Crossing,a distance of 108.24 feet to a 1/2"rebar capped set at a reentrant corner of said Gardens tract and the northeast corner of said Lot 3, Block 6 of Cimarron Crossing; THENCE N 8T40'07"W,along a south line of said Gardens tract and the north line of said Lot 3,Block 6 of Cimarron Crossing,a distance of 298.68 feet to the POINT OF BEGINNING,and containing 699,674 square feet or 16.062 acres of land. c) %LJ., Page 1 of 1 Susan Bate-Comments re FILE#: Z09-05 From: "Holden,Harvey" <HHolden@dfwairport.com> To: <sbatte@ei.grapevine.imus> Date: 9/4/2009 4:32 PM Subject: Comments re FILE#: Z09-05 CC: "Lancaster, Sandra"<SLaneaster@dfivairport.com> DFW views with concern the multi-family residential component of the proposed World Villages of Grapevine development. During South Flow operations, about 70%of the year,approximately 350 arriving aircraft will pass within 0.6 mile of the proposed residences at about 1,100 feet above the ground. During North Flow operations,about 30%of the year, approximately 250 departing aircraft will pass within 0.6 mile of the proposed residences at between 2,100 and 4,200 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 FAA recommends against this kind of incompatible land use inside the airport noise contour. If the City finds approval of the proposed development to be in its best interest, the Airport strongly recommends the following: 1. An avigation easement be dedicated to the City of Grapevine; 2. The 30dB Noise Level Reduction recommended by the FAA be mandated and confirmed for the construction project; and, 3. The applicant be required to provide full disclosure of the aircraft noise impact to any subsequent purchasers of residences in this project. Current Property Owner: DFW International Airport Board Property Address: Dallas/Fort Worth International Airport P.O. Box 619428 DEW Airport,Texas 75261-9428 Property Owner's Representative: Harvey G. Holden Noise Compatibility Planner Environmental Affairs Department DFW International Airport Daytime Phone Number: 972-973-5570 Harvey G. Holden Noise Compatibility Planner Environmental Affairs Department DFW International Airport (972)973-5570 file://C:\Documents and Settings\sbattelLocal Settings\Temp\XPgrpwise14AA1410DGRPV... 9/8/2009 i 0 ORDINANCE NO. f C/ 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 Z09-05 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT NO. 587, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO"MXU"MIXED USE 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 as Appendix"D" ORD. NO. 2 of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z09-05 to rezone the following described property to-wit: being a tract of land out of the James Gibson Survey, Abstract No. 587, Tarrant County, Texas (3545, 3570 and 3575 Dream Gardens Way), rezoning 16.06 acres to "MXU" Mixed Use District Regulations, more fully and completely described in Exhibit "A", attached hereto and made a part hereof,which was previously zoned "CC"Community Commercial District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Through the adoption of this Ordinance, the City hereby consents to the termination and/or deletion of the Deed Restrictions previously included as Exhibit "B"to Ordinance 95-62. 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 ORD. NO. 3 not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed oda__ 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 September, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4