HomeMy WebLinkAboutORD 2006-030 ORDINANCE NO. 2006-30
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 Z06-03 ON A TRACT
OF LAND OUT OF THE G.W. MINTER SURVEY, ABSTRACT
NO. 1083, DESCRIBED AS BEING A TRACT OF LAND
LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "R-MF-1" MULTIFAMILY DISTRICT
REGULATIONS TO "R-TH" TOWNHOUSE 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 corsider the following factors in making a determination as
to whether these requested changes should be granted or denied; safety of the motoring
public and the pedestrians using the facilities in the area immediately surrounding the site;
safety from fire hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular and
stationary lights and effect of such lights on established character of the neighborhood,
location, lighting and types of signs and relation of signs to traffic control and adjacent
property, street size and adequacy of width for traffic reasonably expected to be generated
by the proposed use around the site and in the immediate neighborhood, adequacy of
parking as determined by requirements of this ordinance for off-street parking facilities,
location of ingress and egress points for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust, effect on the
promotion of health and the general welfare, effect on light and air, the effect on the
transportation, water sewerage, schools, parks and other facilities; and
WHEREAS, the City Council of the City of Grapevine, Texas at a public hearing
called by the City Council of the City of Grapevine, Texas did consider the following factors
in making a determination as to whether this requested change should be granted or
denied; effect on the congestion of the streets, the fire hazards, panics and other dangers
possibly present in the securing of safety from same, the effect on the promotion of health
and the general welfare, the effect on adequate light and air, the effect on the
overcrowding of the land, the effect on the concentration of population, the effect on the
transportation, water, sewerage, schools, parks and other public facilities; and
WHEREAS, the City Council further considered among other things the character
of the district and its peculiar suitability for particular uses and with the view to conserve
the value of buildings, encourage the most appropriate use of land throughout this city; and
WHEREAS, the City Council of the City of Grapevine, Texas does find that there is
a public necessity for the zoning change, that the public demands it, that the public interest
clearly requires the amendment, that the zoning changes do not unreasonably invade the
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and does find that the change in
zoning lessens the congestion in the streets, helps secure safety from fire, panic and other
dangers; promotes health and the general welfare; provides adequate light and air;
prevents the overcrowding of land; avoids undue concentration of population; facilitates the
adequate provisions of transportation, water, sewerage, schools, parks and other public
requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas has determined that
there is a necessity and need for this change in zoning and has also found and determined
that there has been a change in the conditions of the property surrounding and in close
proximity to the property requested for a change since this property was originally
classified; and, therefore, feels that a change in zoning classification for the particular piece
of property is needed, is called for, and is in the best interest of the public at large, the
citizens of the City of Grapevine, Texas and helps promote the general health, safety, and
welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
ORD. NO. 2006-30 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z06-06 to rezone the following described
property to-wit: being an 23.577 acre tract of land out of the G.W. Minter Survey, Abstract
No. 1083, Tarrant County, Texas (4600 State Highway 360), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-MF-1" Multifamily District Regulations is hereby changed to "R-TH" Townhouse
District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73,
as amended.
Section 2. 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. 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. 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. 2006-30 3
Section 8. The fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of May, 2006.
APPROVED:
William D. Tate
Mayor
ATTEST:
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Linda Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
ORD. NO. 2006-30 4
EXHIBIT II TO • ?14= .l
Page __l.__ of
STATE OF TEXAS §
AUNTY OF TARRANT §
HEREAS,GRAPEVINE 360,L.P.IS THE OWNER OF ALL THAT CERTAIN TRACT OR PARCEL OF LAND SITUATED IN THE GW MINTER SURVEY ABSTRACT NO.1083,CITY OF
aTAPEVINE,TARRANT COUNTY,TEXAS AND BEING PART OF THAT CALLED 30.787 ACRE TRACT OF LAND CONVEYED BY DEED TO THE GRDNER 360 WIC
PARTNERSHIP-EAST,RECORDED IN VOLUME 15348,PAGE 76,DEED RECORDS,TARRANT COUNTY,TEXAS(D.R.T.C.T.)AND ALSO BEING A SURVEY OF THE COMBINATION
OF THE TRACTS DESCRIBED AS TRACT I,TRACT III AND TRACT IV IN THE DEED TO THE VILLAGE AT GLADE CROSSING,L.P.RECORDED IN VOLUME 16239,PAGE 315,
D.R.T.C.T. AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 5/8"IRON ROD FOUND FOR CORNER IN THE EASTERLY LINE OF EULESS-GRAPEVINE ROAD(A VARIABLE WIDTH R.O.W.)AT THE SOUTHWEST CORNER
OF SAID TRACT I AND SAID 30.787 ACRE TRACT AND ALSO THE NORTHWEST CORNER OF SAID TRACT IV;
THENCE NORTH 01 DEGREE 10 MINUTES 11 SECONDS WEST WITH THE EAST LINE OF SAID ROAD A DISTANCE OF 959.63 FEET TO A W IRON ROD SET FOR CORNER;
•
THENCE NORTH 01 DEGREE 05 MINUTES 19 SECONDS WEST WITH THE EAST LINE OF SAID ROAD A DISTANCE OF 264.16 FEET TO A 5/8"IRON ROD FOUND FOR CORNER
AT THE NORTHWEST CORNER OF SAID TRACT AND THE SOUTHWEST CORNER OF LOT 1,BLOCK 1 OF THE SOUTHERN BAPTIST CONVENTION ADDITION,AN ADDITION TO
THE CITY OF GRAPEVINE,ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A,SLIDE 7907 MAP RECORDS,TARRANT COUNTY,TEXAS(M.R.T.C.T.),;
THENCE NORTH 89 DEGREES 25 MINUTES 56 SECONDS EAST WITH THE SOUTH LINE THEREOF A DISTANCE OF 409.39 FEET TO A CAPPED IRON ROD FOUND FOR CORNER
AT THE MOST NORTHERLY NORTHEAST CORNER OF SAID TRACT I;
THENCE SOUTH 00 DEGREE 34 MINUTES 29 SECONDS EAST A DISTANCE OF 259.95 FEET TO A CAPPED IRON ROD FOUND FOR CORNER AT A RE-ENTRANT CORNER OF
SAID TRACT;
THENCE 70 DEGREES 30 MINUTES 42 SECONDS EAST A DISTANCE OF 200.00 FEET TO A W CAPPED IRON ROD SET FOR CORNER AT A RE-ENTRANT CORNER OF SAID
TRACT I;
THENCE NORTH 61 DEGREES 03 MINUTES 42 SECONDS EAST A DISTANCE OF 230.47 FEET TO A W CAPPED IRON ROD SET FOR CORNER AT THE MOST EASTERLY
NORTHEAST CORNER OF SAID TRACT I IN THE SOUTHWESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY 360(A VARIABLE WIDTH R:O.W.)
THENCE SOUTH 25 DEGREES 07 MINUTES 03 SECONDS EAST WITH SAID RIGHT-OF-WAY LINE A DISTANCE OF 149.86 FEET TO AN"X"SCRIBED IN CONCRETE FOR
CORNER;
THENCE SOUTH 09 DEGREES 17 MINUTES 18 SECONDS EAST WITH SAID RIGHT-OF-WAY LINE A DISTANCE OF 36.40 FEET TO A W CAPPED IRON ROD SET FOR CORNER;
THENCE SOUTH 24 DEGREES 57 MINUTES 00 SECONDS EAST WITH SAID RIGHT-OF-WAY LINE A DISTANCE OF 49.98 FEET TOA CONCRETE MONUMENT FOUND FOR
CORNER AT THE MOST EASTERLY SOUTHEAST CORNER OP SAID TRACT I;
HENCE SOUTH 64 DEGREES 57 MINUTES 44 SECONDS WEST A DISTANCE OF 159.45 FEET TO A W IRON ROD FOUND FOR CORNER AT A RE-ENTRANT CORNER OF SAID
RACT I;
HENCE SOUTH 00.DEGREE 30 MINUTES 42 SECONDS EAST A DISTANCE OF 71316 FEET TO A W IRON ROD SET FOR CORNER 14 THE SOUTH I. OF SAID 30.787 ACRE
TRACT AT THE MOST SOUTHERLY SOUTHEAST CORNER OF SAID TRACT I;
THENCE SOUTH 88 DEGREES 49 MINUTES 45 SECONDS WEST WITH THE SOUTH LINE OF SAID 30.787 ACRE TRACT A DISTANCE OF 106.54 FEE'T'TO A!4"CAPPED IRON ROO
SET FOR CORNER;
THENCE SOUTH 01 DEGREE 14 MINUTES 59 SECONDS EAST PASSING EN ROUTE AT A DISTANCE OF 7.84 FEET A1*IRON PIPE FOUND FOR CORNER AT THE NORTHEAST
CORNER OF SAID TRACT IV AND THE MOST NORTHERLY NORTHWEST CORNER OF LOT a BLOCK 1,OF GLADE CORNERS ADDITION,AN ADDITION TO THE CITY OF
GRAPEVINE,ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A.SLIDE 8296,M.R.T.C.T. AND CONTINUING ON SAID COURSE ATOTAL DISTANCE OF 324.31
FEET TO A 5/8"IRON ROD FOUND FOR CORNER AI THE SOUTHEAST CORNER OF SAID TRACT I8 MOORE FAMILY TRACT OF LAND AND A RE-ENTRANT CORNER OF SAID
GLADE ADDITION;
THENCE SOUTH 89 DEGREES 33 MINUTES 55 SECONDS WEST A DISTANCE OF 620.47 FEET TO AS8'IRON ROD FOUND FOR CORNER AT THE SOUTHWEST CORNER OF
SAID TRACT III AND THE MOST WESTERLY NORTHWEST CORNER OF SAID GLADE ADDITION IN THE EAST LINE OF SAID EULESS-GRAPEVINE ROAD;
THENCE NORTH 01 DEGREES 28 MINUTES 56 SECONDS WEST WITH THE EAST LINE OF SAID EUt.ESS'GRAPEVINE ROAD A DISTANCE OF 31635 FEET TO THE POINT OF
BEGINNING AND 23.577 ACRES OF LAND MORE OR LESS. •
NOW,THEREFORE KNOW ALL MEN BY THESE.PRESENTS,THAT
GRAPEVINE 360,LP.DOES HEREBY ADOPT THIS PLAT OF STONE BRIDGE OAKS,AN ADDITION TO THE CITY OF GRAPEVINE.TARRATIT COUNTY,TEXAS.AND DOES
HEREBY DEDICATE TO THE PUBUC USE FOREVER THE RIGHT-OF-WAY AND EASEMENTSSHOWN HEREON.THE EASEMENTS SHOWN HEREON ARE HEREBY RESERVED
FOR THE PURPOSES AS INDICATED. THE UTILITY EASEMENTS SHALL BE OPEN FOR AU.CITY OR FRANCHISED PUBLIC UTILITIES FOR EACH PARTICULARUEE. THE -
MAINTENANCE OF PAVING ON THE EASEMENTS IS THE RESPONSIBIUTY OF THE PROPERTY OWNER. NO BUILDINGS ORAUXILI ARY STRUCTURES SHALL BE
CONSTRUCTED.RECONSTRUCTED,OR PLACED UPON.OVER,OR ACROSS THE EASEMENTS AS SHOWN: SAID EASEMENTS BEING HE EBY RESERVED FOR THE MUTUAL
USE AND ACCOMMODATION OF ALL PUBLIC UTILITIES USING,OR DESIRING TO USE SAME. ANY CITY OR FRANCHISED UTILITY SHALL HAVE THE FULL RIGHT TO REMOVE
AND KEEP REMOVED ALL OR PARTS OF ANY FENCES,TREES.SHRUBS,OR OTHER IMPROVEMENTS OR GROWTHS WHICH 84'ANY WAY ENDANGER OR INTERFERE WITH
THE CONSTRUCTION.MAINTENANCE,OR EFFICIENCY OF ITS RESPECTIVE SYSTEM ON THE EASEMEI4TSAND ALL CITY OR FRANCHISED WIRES SHALL AT AU TIMES
HAVE THE FULL RIGHT OF INGRESS AND EGRESS TO AND FROM AND UPON SAID EASEMENTS FOR THE PURPOSE OF CONSTRUCTING,RECONSTRUCTING.INSPECTING.
PATROLLING,MAINTAINING,AND ADDING TO OR REMOVING ALL OR PARTS OF ITS RESPECTIVE SYSTEM WITHOUT TIE NECESSITYATANYTBAE OF PROCURING 71.E
PERMISSION OF ANYONE.
THIS PLAT APPROVED SUBJECT TO ALL PLATTING ORDINANCES,RULES,REGULATIONS.AND RESOLUTIONS OF THE CITY OF GRAPEVINE.TEAS.
NITNESS MY HAND THIS THE DAY OF .2006
•
Dean Eldridge
GRAPEVINE 360,LP.
STATE OF TEXAS
COUNTY OF TARRANT