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HomeMy WebLinkAboutORD 2008-064 ORDINANCE NO. 2008-64 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z08-10 ON A TRACT OF LAND OUT OF THE J. 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 "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT AND "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-MF-2" 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 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: ORD. NO. 2008-64 2 Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z08-10 to rezone the following described property to-wit: being a 10.327 acre tract out of the J. Gibson Survey, Abstract No. 587, Tarrant County, Texas (3225 North Grapevine Mills Boulevard, Lot 1, Block A, Wagon Wheel Addition), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District (10.159 acres)and "CC" Community Commercial District Regulations (.168 acres) is hereby changed to "R-MF-2" 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 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. 2008-64 3 not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of November, 2008. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff 7ft City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2008-64 4 OCT 1 LEGAL DESCRIPTION OCT L0,}8 BEING ALL THAT CERTAIN TRACT OF LAND SITUATED IN THE J. GIBSON SURVEY, ABSTRACT NUMBER 587, CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND BEING PART OF "404.3928 ACRES" DESCRIBED IN DEED TO WALLCON EQUITIES, LTD. RECORDED IN VOLUME 13076, PAGE 448, DEED RECORDS, "'a. TARRANT COUNTY, TEXAS, AND BEING ALL OF LOT 3, BLOCK 1 OF FARHAT BROTHERS WEST, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5795, PLAT RECORDS, TARRANT COUNTY, TEXAS AND ALSO BEING ALL OF LOT 1, BLOCK 1 OF CROSS CREEK RANCH, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 1619, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING MORE O PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND Is] FOR CORNER AT THE COMMON SOUTH CORNER OF SAID WALLCON EQUITIES, LTD. TRACT AND LOT 1, BLOCK 1, OF FIRE STATION NO. 5, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 5096, PLAT RECORDS, TARRANT COUNTY, �.,. TEXAS, IN THE NORTH LINE OF GRAPEVINE MILLS BOULEVARD NORTH, A VARIABLE WIDTH PUBLIC RIGHT—OF—WAY, SAID POINT ALSO BEING THE C NORTHEAST CORNER OF A STREET RIGHT—OF—WAY DEDICATION TO THE CITY OF 0 GRAPEVINE, RECORDED IN VOLUME 12429, PAGE 2313, DEED RECORDS, TARRANT CL COUNTY, TEXAS; 1-- THENCE NORTH 02'43'11" WEST, ALONG THE COMMON LINE OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID FIRE STATION NO. 5 AND PASSING AT A DISTANCE OF 143.32 FEET A FOUND "X" AT THE COMMON EAST CORNER OF LOT 1, BLOCK A MILLS RUN ADDITION, AN ADDITION TO THE CITY OF }� GRAPEVINE, TEXAS. ACCORDING TO THE PLAT RECORDED IN CABINET A. SLIDE W 6389 PLAT RECORDS, TARRANT COUNTY, TEXAS AND SAID FIRE STATION NO. 5, AND CONTINUING ALONG THE COMMON EAST LINE OF SAID MILLS RUN ADDITION AND SAID WALLCON EQUITIES, LTD. TRACT, AND CONTINUING FOR A TOTAL DISTANCE OF 701.53 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND FOR CORNER AT THE NORTHEAST CORNER OF SAID WALLCON EQUITIES, LTD. TRACT AND ALSO BEING IN THE SOUTH LINE OF BUTCH VAN HOPPER ADDITION, A CALLED 19.759 ACRE TRACT OF LAND DESCRIBED IN A DEED TO MRAH III, L.P. RECORDED IN VOLUME 15476, PAGE 328, DEED RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89'25'29" EAST, ALONG THE COMMON LINE OF SAID BUTCH VAN HOPPER ADDITION AND SAID WALLCON EQUITIES, LTD. TRACT, AND PASSING AT A DISTANCE OF 572.37 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND AT THE MOST NORTHERLY NORTH CORNER OF SAID WALLCON EQUITIES, LTD. TRACT AND THE NORTHERLY MOST NORTHWEST CORNER OF SAID LOT 3, BLOCK 1, FARHAT BROTHERS WEST, AND CONTINUING ALONG THE SAID SOUTH LINE OF SAID BUTCH VAN HOPPER ADDITION FOR A TOTAL DISTANCE OF 635.25 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; THENCE SOUTH 02'27'54" WEST, PASSING AT A DISTANCE OF 55.60 FEET A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND FOR CORNER, FOR A TOTAL DISTANCE OF 95.60 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND AT THE COMMON CORNER OF SAID LOT 1, BLOCK 1 CROSS CREEK ADDITION AND SAID WALLCON EQUITIES, LTD. TRACT; THENCE NORTH 89'43'50" EAST, ALONG THE COMMON LINE OF SAID LOT 1, BLOCK 1 CROSS CREEK ADDITION AND SAID WALLCON EQUITIES, LTD. TRACT, A DISTANCE OF 60.02 FEET TO A 1/2" IRON ROD SET WITH A PLASTIC CAP STAMPED "SPIARSENG" SET FOR CORNER AT A COMMON NORTHEAST CORNER OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID FARHAT BROTHERS ADDITION; THENCE SOUTH 02'25'55" WEST. ALONG THE COMMON UNE OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID FARHAT BROTHERS WEST ADDITION, A DISTANCE OF 580.99 FEET TO A 1/2" IRON ROD WITH PLASTIC CAP STAMPED "SPIARSENG" SET FOR CORNER AT THE COMMON SOUTH CORNER OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID CROSS CREEK RANCH ADDITION, AND ALSO BEING IN THE NORTH LINE OF SAID GRAPEVINE MILLS BOULEVARD—NORTH, SAID POINT ALSO BEING IN THE NORTH LINE OF A STREET RIGHT—OF—WAY DEDICATION TO THE CITY OF GRAVPEVINE, RECORDED IN VOLUME 12429, PAGE 2603, DEED RECORDS. TARRANT COUNTY, TEXAS; THENCE SOUTH 89'21'41" WEST, ALONG THE COMMON LINE OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID GRAPEVINE MILLS BOULEVARD NORTH, PASSING A DISTANCE OF 20.03 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND FOR SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1, CROSS CREEK RANCH ADDITION, AND CONTINUING ALONG SAID GRAPEVINE MILLS BOULEVARD NORTH FOR A TOTAL DISTANCE OF 397.23 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND FOR CORNER; THENCE SOUTH 84'07'23" WEST, CONTINUING ALONG THE COMMON LINE OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID GRAPEVINE MILLS BOULEVARD NORTH, A DISTANCE OF 120.91 FEET TO A 5/8" IRON ROD WITH A PLASTIC CAP STAMPED "KHA" FOUND FOR CORNER; THENCE SOUTH 89'21'41" WEST, CONTINUING ALONG THE COMMON UNE OF SAID WALLCON EQUITIES, LTD. TRACT AND SAID GRAPEVINE MILLS BOULEVARD NORTH, A DISTANCE OF 115.72 FEET TO THE POINT OF BEGINNING AND CONTAINING 449,827 SQUARE FEET OR 10.327 ACRES OF LAND.