HomeMy WebLinkAboutORD 2018-050 ORDINANCE NO. 2018-050
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS; 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 Z18-03 ON A TRACT
OF LAND OUT OF THE J.H. HUGHES SURVEY, ABSTRACT
2028 (THE RESERVE AT BEAR CREEK; 4201 STATE
HIGHWAY 360), 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-7.5" SINGLE FAMILY DISTRICT TO
"R-TH" TOWNHOUSE DISTRICT; 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); 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 and 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
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z18-03 to rezone the following described
Ordinance No. 2018-050 2
property to-wit: being a 13.65 acre tract of land out of the J.H. Hughes Survey, Abstract
2028, Tarrant County, Texas (The Reserve at Bear Creek; 4201 State Highway 360), more
fully and completely described in Exhibit "A", attached hereto and made a part hereof,
which was previously zoned "R-7.5" Single Family District, is hereby changed to "R-TH"
Townhouse District, 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.
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
Ordinance No. 2018-050 3
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 19th day of June, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST: , r:
im
Tara Brooks ;. .`
City Secretary -*-*
APPROVED AS TO FORM:
CityAttorney
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Ordinance No. 2018-050 4
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Reserve at Bear Creek Page of
Being a tract of land out of the J. H. Hughes Survey, Abstract No. 2422 and situated in the
City of Grapevine, Tarrant County, Texas, and surveyed by Miller Surveying, Inc. of Hurst, Texas
in April of 2018, said tract being a portion of the same tract of land described in the deed to
Main Street Joint Venture recorded in Volume 9163, Page 2355 of the Deed Records of Tarrant
County,Texas and being more particularly described by metes and bounds as follows:
Beginning at a 5/8 inch steel rod found for the intersection of the northerly boundary line of
said Main Street tract the westerly right-of-way line of Euless-Grapevine Road;
Thence South 11 degrees 27 minutes 53 seconds West with said westerly right-of-way line a
distance of 9.58 feet to a 5/8 inch steel rod found;
Thence South 04 degrees 08 minutes 06 seconds West continuing with said right-of-way line a
distance of 199.96 feet to a 5/8 inch steel rod found;
Thence South 89 degrees 52 minutes 09 seconds West continuing with said right-of-way line a
distance of 10.00 feet to a 5/8 inch steel rod found;
Thence South 00 degrees 07 minutes 51 seconds West continuing with said right-of-way line a
distance of 350.50 feet to a 1/2 inch "MILLER 5665" capped steel rod set;
Thence South 11 degrees 10 minutes 45 seconds East continuing with said right-of-way line a
distance of 175.27 feet to a 5/8 inch steel rod found;
Thence South 00 degrees 32 minutes 55 seconds East continuing with said northeasterly right-
of-way line a distance of 249.61 feet to a TxDOT monument found for the intersection of said
westerly right-of-way line and the northeasterly right-of-way line of State Highway 360;
Thence South 75 degrees 19 minutes 24 seconds West with said northeasterly right-of-way line
a distance of 48.42 feet to a TxDOT monument found;
Thence North 63 degrees 59 minutes 11 seconds West continuing with said northeasterly right-
of-way line a distance of 2.23 feet to a TxDOT monument found;
Thence North 49 degrees 37 minutes 48 seconds West continuing with said northeasterly right-
of-way line a distance of 1143.13 feet to a TxDOT monument found;
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Thence North 41 degrees 14 minutes 51 seconds West continuing with said northeasterly right-
of-way line a distance of 101.44 feet to a TxDOT monument found;
Thence North 49 degrees 31 minutes 55 seconds West continuing with said northeasterly right-
of-way line a distance of 250.04 feet to 1/2 inch "MILLER 5665" capped steel rod set in the
northerly boundary line of said Main Street tract from which a 1/2 inch capped steel rod found
bears South 49 degrees 31 minutes 55 seconds East at 0.92 feet;
Thence North 89 degrees 21 minutes 08 seconds East with said northerly boundary line a
distance of 1167.70 feet to the point of beginning and containing 13.6464 acres of land, more
or less.
MAY 72018