HomeMy WebLinkAboutORD 2011-047 ORDINANCE NO. 2011-47
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 Z11-03 ON A TRACT
OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT
1029, 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 AND "BP" BUSINESS PARK
DISTRICT 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 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. 2011-47 2
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z11-03 to rezone the following described
property to-wit: being a 4.3 acre tract and a 5.86 acre tract of land out of the E. Moore
Survey, Abstract 1029, Tarrant County, Texas (Lot 2R, Block 4, Grapevine Station
Addition; 1022 Texan Trail), more fully and completely described in Exhibit "A", attached
hereto and made a part hereof,which was previously zoned "CC"Community Commercial
District Regulations and "BP" Business Park District 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 for the normal business, commercial
needs and development of the community. They have been made with reasonable
consideration, among other things, of the character of the district, and its peculiar suitability
for the particular uses and with a view of conserving the value of buildings and encouraging
the most appropriate use of land throughout the community.
Section 5. That this ordinance shall be cumulative of all other ordinances of the
City of Grapevine, Texas affecting zoning and shall not repeal any of the provisions of said
ordinances except in those instances where provisions of those ordinances are in direct
conflict with the provisions of this ordinance.
Section 6. That the terms and provisions of this ordinance shall be deemed to be
severable and that if the validity of the zoning affecting any portion of the tract or tracts of
land described herein shall be declared to be invalid, the same shall not affect the validity
of the zoning of the balance of the tract or tracts of land described herein.
Section 7. That any person violating any of the provisions of this ordinance shall
be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum
not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
ORD. NO. 2011-47 3
Section 8. That the fact that the present ordinances and regulations of the City of
Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace
and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health, safety
and general welfare of the public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 20th day of September, 2011.
APPROVED:
William D. Tate
Mayor
ATTEST:
4,4„:".., .754o
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2011-47 4
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EXW$IT Page T of
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LEGAL DESCRIPTION
Being a portion of
Lot 2, Block 4, Grapevine Station
Existing Zoning: CC
Proposed Zoning: R-MF-2
Being a 4.30 acre tract of land situated in the E. Moore Survey, Abstract No.1029,
Tarrant County, Texas and being a portion of Lot 2, Block 4 Grapevine Station, as
recorded in Cabinet A, Slide 12314, Plat Records, Tarrant County, Texas, and being more
particularly described as follows:
BEGINNING at a found x in concrete for corner, said point the northeast corner of said
Lot 2, Block 4, and being in the west right-of-way line of Texan Trail (having a variable
width RO.W.);
THENCE South 43°03'14" East, along said west right-of-way line, a distance of 164.95
feet to a found 1/2 inch iron rod for corner, for the beginning of a tangent curve to the
right having a radius of 1580.42 feet, a central angle of 4°00'55", and a long chord which
bears South 41°02'45" East, 110.73 feet;
THENCE continuing along said west right-of-way line and along said tangent curve to
the right, an arc distance of 110.76 feet to a found 1/2 inch iron rod for corner;
THENCE South 30°02'42" East, continuing along said west right-of-way line, a distance
of 96.61 feet to a found 1/2 inch iron rod for corner, for the beginning of a curve to the
right having a radius of 1566.86 feet and a central angle of 8°33'27" and a long chord
which bears South 31°08'06" East, 233.81 feet;
THENCE continuing along said west right-of-way line and along said curve to the right
an arc distance of 234.02 feet to a found 1/2 inch iron rod for corner, said point being the
southeast corner of said Lot 2, Block 4;
THENCE South 62°56'32" West, leaving said west right-of-way line, and along the south
line of said Lot 2, a distance of 277.33 feet to a found 1/2 inch iron rod for corner, said
point being the southwest corner of Lot 2;
THENCE North 31°16'14" West, leaving said south line and along the west line of said
Lot 2, a distance of 242.66 feet to a point for corner;
THENCE North 40°55'25" West, continuing along said west line, a distance of 206.72
feet to a point for corner;
THENCE North 43°56'40" West, continuing along said west line, a distance •f 81.56 feet
to a point for corner; D M
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THENCE North 08°59'31" East, continuing along said west line, a distance of 15.72 feet
to a point for corner;
THENCE North 89°55'48" West, continuing along said west line, a distance of 246.36
feet to a point for corner, said point being the most westerly southwest corner of said Lot
2;
THENCE North 00°22'06" West, along the west line of said Lot 2, a distance of 86.91
feet to a found Brick Column for corner;
THENCE South 89°54'12" East, along the north line of said Lot 2, a distance of 359.02
feet to a point for corner;
THENCE North 46°56'46" East, continuing along said north line, a distance of 131.11
feet to the POINT OF BEGINNING and CONTAINING 187,364 square feet, 4.30 acres
of land,more or less.
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LEGAL DESCRIPTION
Lots 4 and 5, Block 3, Grapevine Station
Existing Zoning: BP
Proposed Zoning: R-MF-2
Being a 5.86 acre tract of land situated in the E. Moore Survey, Abstract No.1029,
Tarrant County, Texas and being all of Lots 4 and 5, Block 3, Grapevine Station Phase 2
as recorded in Cabinet A, Slide 10336, Plat Records, Tarrant County, Texas, and being
more particularly described as follows:
BEGINNING at a found 5/8 inch iron rod said point being in the west line of said Lot 5,
Block 3 and being in the north line of Lot 3R, Block 9 of the D.E. Box Addition as
recorded in Cabinet A, Slide 3545, Plat Records, Tarrant County, Texas, also being in the
south right-of-way line of Worth Street(having a 50' R.O.W.);
THENCE North 00°22'06" West, leaving said south right-of-way line and along said west
line of said Lot 5, Block 3, a distance of 610.25 to a point for corner, said point being the
northeast corner of said Lot 5, Block 3, also being the most westerly southwest corner of
Lot 2, Block 4, Grapevine Station as recorded in Cabinet A, Slide 12314, Plat Records,
Tarrant County, Texas, being a common line;
THENCE South 89°55'48" East, leaving said west line, and along said common line, a
distance of 246.36 feet to a point for corner;
THENCE South 08°59'31" West,continuing along said common line,a distance of 15.72
feet to a point for corner;
THENCE South 43°56'40" East, continuing along said common line,a distance of 81.56
feet to a point for corner;
THENCE South 40°55`25" East, continuing along said common line, a distance of 206.72
feet to a point for corner;
THENCE South 31°16'14" East, continuing along said common line, a distance of 242.66
feet to a found 1/2 inch iron rod for corner;
THENCE South 62°51'27" West, leaving said common line and along the south line of
said Lot 5, Block 3, a distance of 66.09 feet to a found 1/2 inch iron rod for corner, for
the beginning of a tangent curve to the left having a radius of 100.00 feet, a central angle
of 10°10'46", and a long chord which bears South 57°46'04" West, 17.74 feet;
THENCE continuing along said south line and along said tangent curve to the left, an arc
distance of 17.77 feet to a found 1/2 inch iron rod for corner;
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THENCE South 52°40'41" West, continuing along said south line, a distance of 60.44
feet to a found x in concrete for corner, for the beginning of a tangent curve to the right
having a radius of 100.00 feet, a central angle of 27°19'33", and a long chord which bears
South 66°2028" West, 47.24 feet;
THENCE a continuing along said south line and along said tangent curve to the right, an
arc distance of 47.69 feet to a found x in concrete for corner;
THENCE South 80°00'14" West, continuing along said south line, a distance of 75.69
feet to a found x in concrete for corner, said point being the southwest corner of said Lot
5, and the northeast corner of Lot 3, Block 3 Grapevine Station, as recorded in Cabinet A,
Slide 10336, Plat Records, Tarrant County, Texas;
THENCE South 80°00'14" West, along the north line of said Lot 3, Block 3, a distance of
209.79 feet to a found x in concrete for corner, for the beginning of a non-tangent curve
to the left having a radius of 100.50 feet and a central angle of 16°54'30", and a long
chord which bears South 37°28'56" East, 29.55 feet;
THENCE leaving said north line and along the west line of said Lot 3,Block 3, and along
said non-tangent curve to the left an arc distance of 29.66 feet to a found x in concrete for
corner;
THENCE South 45°56'11" East, continuing along said west line, a distance of 39.82 feet
to a found x in concrete for corner; for the beginning of a tangent curve to the right
having a radius of 90.50 feet, a central angle of 33°55'53", and a long chord which bears
South 28°58'15" East, 52.82 feet;
THENCE continuing along said west line and along said curve to the right, an arc
distance of 53.60 feet to a found x in concrete for corner;
THENCE South 12°00'17" East, continuing along said west line, a distance of 118.52 feet
to a found x in concrete for corner;
•
THENCE South 11°51'53" East, continuing along said west line, a distance of 17.16 feet
to a found 1/2 inch iron rod for corner;
THENCE South 54°01'34" West, continuing along said west line, a distance of 26.39 feet
to a found x in concrete for corner;
THENCE North 47°26'43" West, leaving said west line, a distance of 79.45 feet to a
found 5/8 inch iron rod for corner, said point being the southeast corner of said Lot 3R,
Block 9,D.E. Box Addition;
THENCE North 00°10'50" West, along said east line, a distance of 55.63 feet to a found
5/8 inch iron rod for corner;
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THENCE North 04°14'06" West, continuing along said east line, a distance of 21.98 feet
to a found 5/8 inch iron rod for corner;
THENCE North 23°59'41" West, continuing along said east line, a distance of 23.56 feet
to a found 5/8 inch iron rod for corner;
THENCE North 45°56'11" West, continuing along said east line, a distance of 74.33 feet
to a found 5/8 inch iron rod for corner;
THENCE North 57°43'27" West, continuing along said east line, a distance of 26.02 feet
to a found 5/8 inch iron rod for corner;
THENCE South 89°50'09" West, continuing along said east line, a distance of 45.32 feet
to the POINT OF BEGINNING and CONTAINING 255,173 square feet, 5.86 acres of
land, more or less
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