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Home My WebLink AboutItem 06 - Z08-01 City of Grapevine „ , L-�/ �� -�..�.f,,:�� ' � I°�Z� 2� 3 TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER �� ,.� SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR �"�}�� MEETING DATE: JUNE 23, 2008 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z08-01 AND FUTURE LAND USE MAP II UPDATE MP08-01 „ , , � � r--� i � i i i i �._ _ i � ��— ----------- --� ti �,- `�__, Grapevine �?, APPLICANT: City of Grapevine i �ake i O��e Rd � �`� I � I � �,�a' I.H.1635 "°"h� ' PROPERTY LOCATION AND SIZE: � � � d5 P�e' w 1,�d ��a��"�� ? ; The subject property is generally located west of , � ' North Main Street between Banyan Street to the � � � Hall-Johnson sy,� A�P°t� � south and West Peach Street to the north. See �� s° � ; attached list of specific properties. i r---� o i �� i � Glade Rd. �, I � H c J O � REQUESTED ZONE CHANGE, MASTER LAND USE PLAN II UPDATE AND COMMENTS: The applicant is requesting a zone change to rezone the propertLr,qenerallv located west of North Main Street between Banyan Street to the south and West Peach Street to the north from "CN” Neighborhood Commercial District and "R-MF-1" Multifamily District to "R-5.0" Zero Lot Line District. In addition the applicant proposes to update the Master Land Use Map II amendinq the referenced area from it's current desiqnation as "LC" Commercial Low-Intensity and "RH" Residential High-Densitv land uses to "RM" Residential Medium- Density• The subject property has been discussed in several Planning and Zoning Commission workshops and a joint workshop with the Commission and City Council that occurred on November 20, 2007. At that meeting, the Council agreed with the Commission's previous recommendation that the City initiate a zone change to rezone the property on the west O:�ZCU�208-01.41 &MP08-01.4 1 June 17,2008(3:31PM) side of North Main Street currently zoned "CN" Neighborhood Commercial District to "R- 5.0" Zero-Lot-Line District and amend the Future Land Use map to show the property located on the west side of North Main Street from Banyan Drive to Peach Street currently master planned as "LC" Light Commercial and "RH" Residential High Density to "RM" Residential Medium Density. Staff initially prepared a land use study of the North Main Street area in conjunction with a zone change application (Z07-05) for property located at the southwest corner of Hall Street and North Main Street. The applicant proposed rezoning the 0.24 acre tract from "R-MF-1" Multifamily District to "PO" Professional Office District to redevelop the existing home for use as a private office; the request was denied by both the Commission and Council. The review of the land use study resulted in the Commission recommending to the City Council that there was no compelling reason to allow property to be devetoped for commercial purposes north of Banyan Drive and west of North Main Street, regardless of zoning. Further review and discussion by the Commission resulted in the decision that the multifamily zoning in the subject are was also inappropriate and should be rezoned as well. The Commission at a February 19, 2008 deliberation session determined on a lot-by-lot basis which properties in the subject area should be rezoned to "R-5.0" Zero Lot Line District. PRESENT ZONING AND USE: The subject property is currently zoned "CN" Neighborhood Commercial District and "R- MF-1" Multifamily District. A large portion of the subject property is vacant with a few single family residences scattered throughout. HISTORY OF TRACT AND SURROUNDING AREA: The bulk of the subject property was zoned "C-2" Community Business District prior to the 1984 City Rezoning. A few small portions fronting along North Main Street were zoned "S-P" Specific Use Permit prior to the 1984 Rezoning. Properties to the north, west and east of the subject site were zoned "R-1"Single Family District. One property to the east of " the subject site was zoned "I-1"Light Industrial District prior to the 1984 City Rezoning. To the south of the subject property the pre-1984 zoning was comprised of"C-2" Community Business District, "S-P" Specific Use Permit and "C-W" Commercial Warehouse District. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "R-MF-1" Multifamily District—single family residences some of which are nonconforming SOUTH: "R-5.0" Zero Lot Line District and "CN" Neighborhood Commercial District—single family residences and vacant nonconforming commercial lot O:�ZCU�Z08-01.41 &MP08-01.4 2 June 17,2008(3:25PM) EAST: "CN" Neighborhood Commercial District and "PO" Professionai Office District—Hamilton House,vacant structure, multi-tenant office building W EST: "R-5.0"Zero Lot Line District—Banyan Place single family residences AIRPORT IMPACT: A very small portion of the subject tract just west of North Main Street is located within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a "LC" Commercial Low-Intensity land use and a "RH" Residential High-Density land use. 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Applicant/Agent Name BRUNO RUMBELOW ��.��+�� Company Name CITY OF GRAPEVINE Address P O BOX 95104 City GRAPEVINE State TEXAS Zip 76099 Phone # 817-410-3155 Fax# 817-410-3018 Email Mobile # 2. Applicant's interest in subject property CITY INITIATED ZONE CHANGE REQUEST 3. Property owner(s) name SEE ATTACHED Address � City State Zip °�$�__�' Phone # Fax # 4. Address of subject property SEE ATTACHED Legal Description: Lot Block Addition Size of subject property acres square foot Metes & Bounds must be described on 8 %2 " x 11" sheet 5. Present Zoning Classification "CN" NEIGHBORHOOD COMMERCIAL AND "R-MF-1" MULTIFAMILY DISTRICT 6. Present Use of Property SINGLE FAMILY RESIDENTIAL & VACANT 7. Requested Zoning District "R-5.0" ZERO-LOT-LINE DISTRICT 8. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is "RM" MEDIUM DENSITY RESIDENTIAL " 9. Minimum/Maximum District size for requested zoning 10. Describe the proposed use SINGLE FAMILY RESIDENTIAL 11. The Concept Plan submission shall meet the requirements of Section 45, Contents of a Concept Plan, Section 45.C. A// Zone Change Requests are assumed to be complete when filed and wil/ 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 dafe. Al! 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 fhrough the public hearing process. I have read and understand al/ of the requirements as set forfh by the application for zone change request and acknowledge �haf all req►uirements 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. Applicant (print): BRUNO RUMBELOW CITY MANAGER Applicant signature: `;=%�?�� Property Owner (print): MULTIPLE OWNERS Property Owner signature: County of Before me on this day personally appeared known to me (or proved to me 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 day of , A.D. SEAL Notary Signature .� The State of 1�X G�� County of_f_ r'�Gc.��. , Bef re me i il�P_ (�� on this day personally appeared .- Y'LC -U �� known to me (or proved to me 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 � / day of /�CI--r'`� , A.D. _��C, _. n SE L ,,��°°��-- Notary Signature �ar��a.,, S. RIVERA :�N��;'�� Notery Public,State of Texas .; •��sr My Commission Expires �''%%,`,;;,`„�' August O8,2009 ,:� Development Service Department Pubiic Hearing Property Owner Research Applicant: City of Grapevine Case No.: Z08-01 Address/Legal Description: North Main Street - subject property owner -. . � • . . • . . - . • .. LEONARD,ARCHIBALD F 000401 N MAIN ST CENTURY PROPERTY PARTNERS SURVEY LLC A 946 TRS 10 & 10A 12750 MERIT DR STE 770 DALLAS TX 752511250 LEONARD,ARCHIBALD F 000401 N MAIN ST CENTURY PROPERTY PARTNERS SURVEY LLC A 946 TRS 10& 10A 12750 MERIT DR STE 770 DALLAS TX 752511250 LEONARD,ARCHIBALD F 000407 N MAIN ST WHITTLESEY, KAREN SURVEY 419 N PEARSON LN A 946 TR 11 KELLER TX 762483742 LEONARD,ARCHIBALD F 000101 W PEACH ST PEMBERTON, RICHARD L SURVEY 1701 DUNN ST A 946 TR 12 GRAPEVINE TX 760512932 LEONARD,ARCHIBALD F 000121 W PEACH ST COKER, RACHEL L SURVEY 2144 IDLEWOOD DR A 946 TR 12A GRAPEVINE TX 760517801 LEONARD,ARCHIBALD F 000117 W PEACH ST FISHER, GLENDA J SURVEY PO BOX 1171 A 946 TR 12A01 GRAPEVfNE TX 760991171 LEONARD,ARCHIBALD F 000125 W PEACH ST HALL, DEBRA J SURVEY 8640 FOREST HILLS BLVD A 946 TR 13A DALLAS TX 752184023 ABST 946 TRS 13A& 13B �EONARD,ARCHIBALD F 000315 N MAIN ST BENALI, MOHAMED SURVEY 315 N MAIN ST A 946 TR 9B GRAPEVINE TX 760513322 O:rZCU\FORMS�ZCU.31 a.doc .� _ _ _ _ Z08-01 /M P08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM O/V FRIDAY, JUNE 20, 2008 Procedure to Respond: As (a Property Owner within 200 feet af the subject tract) or (an interested citizen), I (approve) (prdtest) and/or (h�ve the #olicwing comment3} � � ��t.� �c/ �e%�-� �.- �cd�� Y..�cz �, a� ..�� '�2 ��'I��.�.-- ..�'z,,.:� � ".. {d/ �� //j]l ^'e �J � �z...�-�,�� A /G.G�i� %�GG�f 1�� r��Z-C'Zl%E^.G"A—� 1,�/.�.•'�,•-yL,�!/_3�-� �-s r�'�;l'Lr1'i}'_ L'�.:ri .,F-' _ � / /L,rt(r l�"'�y.l�l'Z.L/iZ.�' �� .�? �1%!+- �� `>> — r �c � � Print Name and Address, or Lot, Block and Subdivision: � �� ", .�Yf�l�`� Grl�.��',��'1/I��' , � �l�.�`'/ Signature: �� ; : .e�;yt� fi'f ,�`.�,! (� ' (Phone No.) `3/"7"�c��v�,7� �� Telephone: (817)410-3155 Fax: (817)410-3018 Direct q�.aestions and mail responses to: Planning Secretary Department of Development Servi-^.es City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 ��"`��x��:� j '�,`+ `' �V'il(� ` r$� e�u Y. � � .. '�' ��^�,:� . Z08-01/M P08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER `"° THAN 5 PM ON FRIDAY, JUNE 20 2008 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (��ej (protest) and�° (have the following comments) � �- �,e �' I '�--��,�? �� R e -� � c �' < <� � < � ; :CC/Jk? � C ` � - ,'� � l.l�,�. � , � � :�� c� ' -�-- ,Q�- �n� '�G�l '' f�Zn �� l�or� ?� - ��.e �r�� ,��i��l.��1l/// � h `� `�u. �_ • �?I�I7� Y7 GcS �� Print Name an A�r� or , ock �d Su�isi n: ��? �� .�",�`Gf��a7� . ��jarr�l � �i�.�.�.c . �`�-PP� L� � Signature: � (Phone No.) $��7 $ �' ��.�(� Telephone: (817)410-3155 Fax: (817)410-3018 ��"� Direct questions and mail responses to: '`,�`�� r� L�;�� Planning Secretary Department of Development Services , �� t � '°��` � F ; ..� �t� �-m��'�c�--�s. City of Grapevine �. P.O. Box 95104 Grapevine, Texas 76099 �e �� . �r�ij� 1 r� l�'c� �i�C'� ��1��f �cra�lo� �� . � rn� -��Q �� r'a.- cZ�1�-� i ✓� G�r� a-Y��l��-� �� , � , c� ��j��1� ,,.. �:1�� '�- �'l�f OG�S• 1'Y1Gt-19��a I lS �Yb��P � �/j'L�-�� 7`/� (.�.l;c �CC 1!`C��Q.��, /S' G�,c.��/ '7/(7�'l � � � d �.�YtG�' {�� -�1 C�� "Z , Z08-01 /MP08-01 � � CITY OF GRAPEVINE � WRITTEN COMMENTS MUST BE RECENED BY THIS OFFICE NO LATER � THAN 5 PM ON FRIDAY. JUNE 20, 2008 `�� o�j Procedure to Respond: �� As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I � �) (protest) anc�(have the following comments) � �.--�iS..rS a � .rb �,� ,.�o,�' � tro Ow rs � �� , � � � � ��C��► � �� ,� o i e 1lGc�u.@., o f— ra St tr�i -�� . •L � �� I,a,r- e� �he �` C�[ « �m,i nr� . � ,prop�� has C�.n�i� �e c�urren�' �zor, � � s►�nce a�i �ec�sf lqg� a�,d �is �'�ivn G�,�:,�s `�-r-a. � �� ri t,t..ou-s Gt� �2.G� `�v �'Y'a�-s c�rc,� � own�eYS , •�('1� � vch2 �es -�a C.�G�.n e Y?�mr�1� `�� c�,�rren I•� ��, ��, on o� 5 -f�1r�"5 c�n -�he. V��s�- �id� o �= Print Na e and Add ess, or Lot, Block an Subdivision: . c� (o ( � 7 nl. M ` . C�- �� Signature: (Phone No.) ��7 ,3�J 7 g gZ�o Telephon,�;-(817)410-3155 Fax: (817)410-3018 . Direct questions and mail responses to: �� Planning Secretary �� ::. Department of Development Services )��.;i�� ` � � � '� 1�;��.!�; City of Grapevine � t =<;�� n P.O. Box 95104 � � .� � `� �� : �.;�, ,... Grapevine, Texas 76099 n�h rn�n �-�� v�hi 1 e �i m��a� ro�r t�'es o�n -f��e �-s� � p Side, � �n� °��c�� t�.Y1 G�-�2 c�fe� , � ��andl� �tm�n,� n9 2 � � w�� -ic�G - I� w i�r�w h or �- `�� r�-� f e�.�� •�t5 �,G�art Sh ot,�c� ,� �o ��( �-. J�.,�y�eo� c�r,e�rs �--�h s G�- 1� c�$ 1� ��+ �"' ' ' 'i�t r� i ��lP �1� rY�Cr� Z08-01 /MP08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON FRIDAY. JUNE 20, 2008 Procedure to Respond: . As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the foliowing comments) �� i ��. _ � . � Print Name and Address, or Lot, Block and Subdivision: �le� � �s e � � � , .� � � S Signature (Phone No.) �c5`��,�/%tij' Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine ��'��;s��'l� P.O. Box 95104 ' �� Grapevine, Texas 76099 � �;.: � -,� - .;�,.;� ,_ �. �?_��n € ��. a `z: ��u Z08-41 /M P08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER °�`� THAN 5 PM ON FRIDAY, JUNE 20, 2008 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) � � , . � �— d � �. Print Name and Address, or Lot, Block and Subdivision: /� I`� � �09�R/tl� Signature: (Phone No.) � �� Telephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 � ��,� Grapevine, Texas 76099 � �'°��.:��'�� ,. .� ��'+� .c � ;' , PROPERTY OWNER NOT � WITHIN 200 FEET OF �`� � '. . ` SUBJECT PROPERTY � � � 4 `#�� Z08-01 /M P08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 PM ON FRIDAY, JUNE 20, 2008 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) 1�� ' �� ' 1� ' ' � � �� , �, � � � ` Z� / � . �� Print Name and Address, or Lot, Block and Subdivision: � /U � �J D �� f��'�� oa c,� � � �' Signature: (Phone No.) / � 7��I �elephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 �'��:�. Grapevine, Texas 76099 ��` ..��ry��:-� 5. �e ,; � f �� > .� �, `=�� =�, Z08-01 /M P08-01 CITY OF GRAPEVINE WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER �� THAN 5 PM ON FR/DAY, JUNE 20, 2008 Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments} j r �D -� �- . . � Print Name and Address, or Lot, Block and Subdivision: �� / �� J� � S�� NS Signature: (Phone No.)�l � b °� l �� T ephone: (817)410-3155 Fax: (817)410-3018 Direct questions and mail responses to: Planning Secretary Department of Development Services City of Grapevine P.O. Box 95104 Grapevine, Texas 76099 ��'��`-� - �, �. , �,r :�i;�; ; �: y. .,�.,z PROPERTY OWNER NOT � �;�� , �. ,��a,� WITHIN 200 FEET OF SUBJECT PROPERTY 2og- o l ORDINANCE NO. 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 Z08-01 ON SEVERAL TRACTS OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT 946, 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 AND"CN"NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE 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 forfire 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 .�t�, property, street size and adequacy of width fo�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 otherthings the characterof 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. 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 Z08-01 to rezone the following described property to-wit: several tracts of land out of the A. F. Leonard Survey, Abstract 946, Tarrant County, Texas (generally located west of North Main Street, between West Peach Street and Banyan Drive), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-MF-1" Multifamily District and "CN" Neighborhood Commercial District Regulations is hereby changed to"R-5.0"Zero Lot Line 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 forthe 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 forthe 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 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 23rd day of June, 2008. APPROVED: ATTEST: �. APPROVED AS TO FORM: � ORD. NO. 4 EXHIBIT "A" Z08-01 - . . � - . . � . . - . � . . LEONARD, ARCHIBALD F CENTURY PROPERTY PARTNERS SURVEY 000401 N MAIN ST LLC A 946 TRS 10 & 10A 12750 MERIT DR STE 770 DALLAS TX 752511250 LEONARD, ARCHIBALD F CENTURY PROPERTY PARTNERS SURVEY 000401 N MAIN ST LLC A 946 TRS 10 & 10A 12750 MERIT DR STE 770 DALLAS TX 752511250 LEONARD,ARCHIBALD F WHITTLESEY, KAREN SURVEY 000407 N MAIN ST 419 N PEARSON LN A 946 TR 11 KELLER TX 762483742 LEONARD, ARCHIBALD F PEMBERTON, RICHARD L SURVEY 000101 W PEACH ST 1701 DUNN ST A 946 TR 12 GRAPEVINE TX 760512932 LEONARD,ARCHIBALD F COKER, RACHEL L SURVEY 000121 W PEACH ST 2144 IDLEWOOD DR A 946 TR 12A GRAPEVINE TX 760517801 LEONARD, ARCHIBALD F FISHER, GLENDA J SURVEY 000117 W PEACH ST PO BOX 1171 A 946 TR 12A01 GRAPEVINE TX 760991171 LEONARD,ARCHIBALD F HALL, DEBRA J SURVEY 000125 W PEACH ST 8640 FOREST HILLS BLVD A 946 TR 13A DALLAS TX 752184023 ABST 946 TRS 13A& 136 LEONARD, ARCHIBALD F BENALI, MOHAMED SURVEY 000315 N MAIN ST 315 N MAIN ST A 946 TR 9B GRAPEVINE TX 760513322 ORD. NO. 5 ��. � 1 �� ORDINANCE NO. .��,�,�. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS AMENDING ORDINANCE N0. 87-11 WHICH ADOPTED THE COMPREHENSIVE MASTER PLAN 1974-1994 UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS ADOPTING AN AMENDMENT TO MAP 2 LAND USE PLAN OF THE COMPREHENSIVE MASTER PLAN UPDATE 1987 OF THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABLITY CLAUSE; DECLARiNG AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, on September 15, 1981, after public notice and hearing, the City Council of the City of Grapevine, Texas (the "City") adopted the Comprehensive Master Land Use Plan 1974-1994 Update 1980 by the passage of Ordinance No. 81-61; and WHEREAS, on February 17, 1987, after substantial study, public hearings and meetings of the City were conducted, the City Council prepared and adopted the Comprehensive Master Plan 1974-1994 Update 1987 by passage of Ordinance No. 87-11; and WHEREAS, on December 15, 1987, the City Council adopted the Revised Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 87-93 to be used as a guide to manage the growth and development of the City; and WHEREAS, on November 16, 1993, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by passage of Ordinance No. 93-55; and WHEREAS, on April 5, 1994, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 94-27; and WHEREAS, on March 21, 1995, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 95-20; and WHEREAS, on February 1, 2000, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2000-09; and WHEREAS, on October 17, 2000, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2000-108; and WHEREAS, on January 21, 2003, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2003-08; and WHEREAS, on July 19, 2005, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2005-57; and WHEREAS, on May 15, 2007, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2007-26; and WHEREAS, on January 15, 2008, the City Council adopted an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan 1974-1994 Update 1987 by the passage of Ordinance No. 2008-07; and WHEREAS, after substantial study, joint workshops, public hearings and meetings, the City Council and Planning & Zoning Commission finds and concludes that it is in the best interest of the public and in support of the health, safety, morals and general welfare of the City that an amendment to Map 2 Land Use Plan of the Comprehensive Master Plan Update 1987 be adopted and used as a guide to manage the growth and development from the effective date of the adoption of this ordinance forward. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That Ordinance No. 87-11, as amended, passed by the City Council on February 17, 1987, which adopted the Comprehensive Master Plan 1974- 1994 Update 1987 of the City of Grapevine, Texas is hereby amended by the adoption of an amendment to Map 2 Land Use Plan attached hereto and made a part hereof as Exhibit "A." Section 3. That the Comprehensive Master Plan 1974-1994 Update 1987, Map 2 Land Use Plan, a true and correct copy of which is on file with the City Secretary of the City of Grapevine, Texas, is hereby adopted by the City of Grapevine, Texas and from the effective date of the adoption of this ordinance forward shall be used as an amendment to the Map 2 Land Use Plan of the City. ORD. NO. 2 Section 4. That if any section, article, paragraph, sentence, clause, phrase or �- word in this ordinance, or application thereto any person of circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 5. 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 passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of June, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 3 � ._ � x. o , � �� ' '��'�'�' �� , ,��■� � ia � �s �� ,�. � �,� Current Zoning �'�s � „ _� �,�,� �,�� ., � �,o R h � 95 9 �? �.. �G � „ s � � � ;�� , ��/�:��'�f�r� •'' .a s6 �j� �� 1 *�b a � t � s +� � �k �>"�� .. �'y�,'.��' . . 7 '�'�v� �"`�e`r� 3 � ... 'a�i�� R-7�5 � t. �`,,. 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