HomeMy WebLinkAboutORD 2004-082 ORDINANCE NO. 2004-82
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 Z04-12 ON A TRACT
OF LAND OUT OF THE H. SUGGS SURVEY, ABSTRACT
NO. 1415 AND THE A. 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 "CC" COMMUNITY COMMERCIAL
DISTRICT REGULATIONS TO "R-MF-1" 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 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
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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
'k � 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:
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ORD. NO. 2004-82 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 Z04-12 to rezone the following described
property to-wit: being a 8.69 acre tract of land out of the H. Suggs Survey, Abstract
No. 1415 and the A. Anderson Survey, Abstract No. 26, Tarrant County, Texas (2915 West
Grapevine Mills Boulevard), more fully and completely described in Exhibit "A", attached
hereto and made a part hereof, which was previously zoned "CC" Community Commercial
District Regulations is hereby changed to "R-MF-1" Multifamily 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
ORD. NO. 2004-82 3
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 this ordinance shall become effective from and after the date of
its final passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 16th day of November, 2004.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 2ist day of
December , 2004.
APPROVED:
�
William D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
City Attorney
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ORD. NO. 2004-82 4
. EXHIBIT� TO rd• 004-82 �
. Page _L._. af~_..
LAND DESCRIPTION Q�T O 5 2004
BEING a tract of land situated in the Henry Suggs Survey, Abstract No. 1415 and the�dFe�v•-••"'
Anderson Survey, Abstract No. 26, and being a portion of a called Tract lA as conveyed to H/A
`° ° Grapevine Joint Venture and evidenced in a Special Warranty Deed recorded in Volume 11635,
Page 2042, Deed Records, Tarrant County,Texas and being more particularly described as follows:
COMMENCING at the intersection of the westerly right-of-way line of Grapevine Mills North
Boulevard(a variable width right-of-way) and the southerly line of said Tract lA;
THENCE North 89 degrees 58 minutes 41 seconds West, departing the westerly right-of-way line
of said Grapevine Mills North Boulevard and along the southerly line of said Tract lA, a distance
of 199.14 feet to the POINT OF BEGINNING;
THENCE North 89 degrees 58 minutes 41 seconds West, continuing along the southerly line of
said Tract lA, a distance of 147.41 feet to the southwesterly corner of said Tract lA;
THENCE North 00 degrees 50 minutes 44 seconds East, along the westerly line of said Tract lA, a
distance of 1132.25 feet to the northwesterly corner of said Tract 1 A;
THENCE South 88 degrees 52 minutes 08 seconds East, along the northerly line of said Tract lA,
a distance of 546.56 feet to a point for a corner;
THENCE South 31 degrees 15 minutes 07 seconds West, departing the northerly line of said Tract
1 A, a distance of 241.91 feet to a point for a corner;
THENCE South 16 degrees 02 minutes 53 seconds West, a distance of 314.06 feet to a point for a
corner;
THENCE South 65 degrees 30 minutes 48 seconds East, a distance of 238.95 feet to the
aforementioned westerly right-of-way line of Grapevine Mills North Boulevard;
THENCE South 28 degrees 39 minutes 21 seconds West, along the westerly right-of-way line of
said Grapevine Mills North Boulevard, a distance of 59.14 to the beginning of a curve to the right
having a central angle of 81 degrees 43 minutes 29 seconds, a radius of 20.00 feet and being
subtended by a 26.17 foot chord which bears South 69 degrees 31 minutes 06 seconds West;
THENCE, along said curve to the right and along the westerly right-of-way line of said Grapevine
Mills North Boulevard in a southwesterly direction, an arc distance of 28.53 feet to point of reverse
curvature to the left having a central angle of 79 degrees 45 minutes 18 seconds, a radius of 124.74
feet and being subtended by a 159.95 foot chord which bears South 70 degrees 29 minutes 57
seconds West;
TIiENCE, along said curve to the left in a southwesterly direction and along the westerly right-of-
way line of said Grapevine Mills North Boulevard, an arc distance of 173.64 to a point for a corner;
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. EXHIBIT_.�., TO �'d� ��"Sz OCT 0 5 ��04
Page .,..�.._ of ...�.... Per.............
THENCE North 65 degrees 30 minutes 48 seconds West, departing the westerly'right-of-way line
of said Grapevine Mills North Boulevard, a distance of 88.52 feet to a point for a corner;
THENCE South 36 degrees 47 minutes 06 seconds West, a distance of 123.40 feet to a point for a
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corner;
THENCE South 24 degrees 31 minutes 54 seconds West, a distance of 243.08 feet to a point for a
corner;
THENCE South 18 degrees 11 minutes 51 seconds East, a distance of 122.12 feet to the POINT
OF BEGINNING and Containing 8.69 acres of land, more or less.
"This document was prepared under 22 TAC 663.21, does not reflect the results of an on the
ground survey, and is not to be used to convey or establish interests in real property except those
rights and interests implied or established by creation or reconfiguration of the boundary of the
political subdivision for which it was prepared."
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