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HomeMy WebLinkAboutORD 2018-019 ORDINANCE NO. 2018-019 111 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z18-01 ON A TRACT OF LAND OUT OF THE GREEN W. MINTER SURVEY, ABSTRACT 1083 (101 EAST GLADE ROAD), 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 "LI" LIGHT INDUSTRIAL DISTRICT AND "PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT TO "R- MF" MULTI-FAMILY 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, 111 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 Z18-01 to rezone the following described property to-wit: being a 20.407 acre tract of land out of the Green W. Minter Survey, Abstract 1083, Tarrant County, Texas being Lot 1, Block A, Glade 360 Addition (101 East Glade Road), more fully and completely described in Exhibit "A", attached hereto and Ordinance No. 2018-019 2 made a part hereof, which was previously zoned "LI" Light Industrial District and "PCD" Planned Commerce Development District, respectively, is hereby changed to"R-MF" Multi- Family 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 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 Ordinance No. 2018-019 3 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 February, 2018. APPROVED: William D. Tate Mayor ATTEST: RAPFL `vF 1 1 1 X y1� •a � D Tara Brooks , City Secretary _ _-' APPROVED AS TO FORM: #.i\O\ City Attorney Ordinance No. 2018-019 4 \ Zt -Ot EXHIBIT t taeliaa LEGAL DESCRIPTION Page 1 of 3 (ZONING TRACT) Being a parcel of land located in the City of Grapevine, Tarrant County, Texas a part of the Green W. Minter Survey, Abstract Number 1083, and being all of that called 14.324 acre tract of land described in deed to KFF Limited Partnership,an Ohio limited partnership as recorded in Volume 14006,Page 43, Tarrant County Deed Records, and also being a part of that called 23.918 tract of land described in deed to The Gardner 360 WLC Partnership-West as recorded in Volume 15348,Page 75, Tarrant County Deed Records, and being further described as follows: BEGINNING at a highway monument with an aluminum disc found at southwest corner of said 14.324 acre tract, said point also being at the intersection of the north right-of-way of Glade Road(a variable width right-of-way) with the east right-of-way of State Highway 360(a variable width right-of-way); THENCE along the east right-of-way line of State Highway 360 as follows: North 29 degrees 23 minutes 17 seconds West, 193.24 feet to a highway monument with an aluminum disc found for corner; North 27 degrees 58 minutes 48 seconds West, 195.10 feet to a highway monument with an aluminum disc found for corner; North 31 degrees 03 minutes 10 seconds West, 99.30 feet to a highway monument with an aluminum disc found for corner; North 41 degrees 19 minutes 29 seconds West, 104.66 feet to a highway monument with an aluminum disc found for corner; Northwesterly, 399.12 feet along a curve to the right having a central angle of 06 degrees 02 minutes 03 seconds,a radius of 3789.72 feet, a tangent of 199.74 feet, and whose chord bears North 28 degrees 10 minutes 40 seconds West, 398.93 feet to a highway monument with an aluminum disc found for corner; North 25 degrees 24 minutes 31 seconds West, 26.27 feet to a highway monument with an aluminum disc found for corner; North 02 degrees 57 minutes 29 seconds East, 52.70 feet to a highway monument with an aluminum disc found for corner; North 24 degrees 54 minutes 48 seconds West, 21.60 feet to a one-half inch iron rod with yellow cap stamped"JBI" set for corner, said point being the northwest corner of said 14.324 acre tract, said point also being the southwest corner of that said 23.918 acre tract; North 25 degrees 05 minutes 05 seconds West, 40.30 feet to a highway monument with an aluminum disc found for corner; North 81 degrees 25 minutes 40 seconds West, 30.15 feet to a highway monument with an aluminum disc found for corner; pC! MIEOdEr e JAN 0 2 2018 By ZYo EXHIBIT TO ,gefb 9 p : b• - North 25 degrees 10 minutes 36 seconds West, 77.41 feet to a one-half inch iron rod with yellow cap stamped"JBI"set for corner; THENCE North 64 degrees 49 minutes 24 seconds East, 346.30 feet to a one-half inch iron rod with yellow cap stamped"JBI" set for corner; THENCE North 25 degrees 10 minutes 36 seconds West, 99.74 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; THENCE North 18 degrees 59 minutes 34 seconds East, 5.93 feet to a one-half inch iron rod with yellow cap stamped "JBI" set for corner; THENCE South 89 degrees 31 minutes 47 seconds East, 449.09 feet to a point for corner in the east line of said 23.918 acre tract, said point being the west line of Dallas/Fort Worth International Airport, said point also being in the centerline of Bear Creek; THENCE along the center line of Bear Creek and the east line of said 23.918 acre tract and the west line of Dallas/Fort Worth International Airport as follows: South 48 degrees 50 minutes 35 seconds East, 38.58 feet to a point for corner; South 79 degrees 25 minutes 45 seconds East, 205.58 feet to a point for corner; THENCE continuing along the east line of said 23.918 acre tract and the west line of Dallas/Fort Worth International Airport as follows: South 01 degrees 20 minutes 13 second West, 30.64 feet to a one-half inch iron rod with yellow cap stamped"JBI"set for corner; South 01 degrees 06 minutes 45 seconds East, 239.36 feet to a five-eighths inch iron rod found at the southeast corner of said 23.918 acre tract, said point also being the northeast corner of said 14.324 acre tract; THENCE South 00 degrees 00 minutes 54 seconds East, 993.83 feet along the west line of the Dallas/Fort Worth International Airport to a monument with brass disc found for corner, said point being the southeast corner of said 14.324 acre tract, said point also being in the north right- of-way line of Glade Road; THENCE along the north right-of-way line of Glade Road as follows: West, 234.43 feet to a one-half inch iron rod with yellow cap stamped "JBI"set for corner; North 79 degrees 23 minutes 48 seconds West, 132.59 feet to the POINT OF BEGINNING and containing 888,946 square feet or 20.407 acres of land. rMEOVE JAN 0 2 2013 I 18-0 • EXHIBIT t •� r V� ' P o "This document was prepared under 22 TAC 663.23, does not reflect the results of an on the VININ 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 the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." 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