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Home My WebLink AboutORD 2020-053 ORDINANCE NO. 2020-053 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE 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 Z20-03 ON A TRACT OF LAND OUT OF THE S. CLARY SURVEY,ABSTRACT 323 AND THE G. MINTER SURVEY, ABSTRACT 1083 BEING LOT 2, BLOCK A, GLADE/360 ADDITION (4501 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 "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, MORALSAND 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 otherthings 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: Ordinance No. 2020-053 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 Z20-03 to rezone the following described property to-wit: being a 47.35 acre tract of land out of the S. Clary Survey, Abstract 323 and the G. Minter Survey,Abstract 1083, Tarrant County, Texas(Lot 2, Block A, Glade/360 Addition (4501 State Highway 360), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PCD" Planned Commerce Development District Regulations, respectively, is hereby changed to "R-MF" Multi-Family 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. Ordinance No. 2020-053 3 I 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 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 October, 2020. APPROVED: William . Tate Mayor � ATTEST: �O� �,RAP��y� ��.�,�'G� �. �� Tara Brooks i�\ F .: i i City Secretary � � �'� .'� �r`�"�r APPROVED AS TO FORM: � City Attorney Ordinance No. 2020-053 4 ��- D� "ZONING DESCRIPTION" LOT 2, BLOCK A-GLADE 360 ADDITION BEING a trac�of land situated in the Elijah C. Clary Survey,Abstract No.323 and the Green West Minter Survey,Abstract No. 1083, City of Grapevine, Tarrant County, Texas and being all of Lot 2, 81odc A of Glade 360 Addition, an addition to the City af Grapevine, Texas, according to the plat thereof recorded in Instrument No. D219025558, Official Public Recorcls, Tarrant County, Texas and being more particularly described as follows: i BEGIN[dING at the southwest comer of said Lot 2, Block A, same being the northwest comer of ' Lot 1, Block A of said Glade 360 Addition, and being in the northeast right-of-way line of State Hlghway 360 (A variable width right-of-way); ' THENCE with said northeast right-of-way line, the following courses and distances: I North 25°10'36"West, a distance of 1,508.52 feet; � North 25°09'27"West,a distanoe of 1,325.10 feet to the beginning of a non:tangent curve � to the left having a central angle of 16°41'47", a radius of 1,939.85 feet, a chord bearing and distance of North 33°31'42"West, 563.29 feet; In a northwesterly direction,with said curve to the left, an arc distance of 565.29 feet; � North 41°52'35"West, a distance of 50.80 feet to the beginning of a tangent curve to the right having a central angle of 41°47'08", a radius of 320.00 feet, a chord bearing and distance of North 20°59'09"West,228.24 feet; � In a northwesterly direction, with said curve to the right, an arc distance of 233.37 feet; � North 0°05'35"West, a distance of 68.58 fee� North 89°17'09"West, a distance of 21.89 feet to the intersection of said northeast right- ' of-way line with the east right of-way llne of Euless-Grapevine Road(a variable width right- � of-way); , ; THENCE with said east right-of-way line,the following courses and distances: North 14°16'31"West, a distance of 126.04 feet; North 0°32'19"West, a distance of 286.88 feet; North 6°59'09"East, a distance of 62.50 feet to the northwest comer of said Lot 2, Block A; North 0°08'35"East, a distance of 51.65 feet in the approximate centerllne of Bear Creek; THENCE along said approximate centerline of Bear Creek, the following courses and distances: KIDA�6urveyhOB7771670�Greystar OrapeWne Phase 21SweyU.sBal DescrlpdonalPRESERVE PH 2 ZD.DocX 1 of 3 ' South 65°26'08"East, a distance of 325.18 feet; South 5"58'30"East, a distance of 155.70 feet; South 24°02'30"East, a distance of 163.50 feet; � South 45°26'30"East,.a distance of 49.50 feet; South 65°14'30"East,a distance of 93.90 fee� i Soufh 12'58'30"East, a distance of 738.30 feet; � I South 5°53'30"West, a distance of 135.80 feet; i i South 44°39'30"East, a distance of 258.10 feet; i South 33°24'30"East, a distance of 220.50 feet; ; South 50°22'30"East, a distance of 287.50 feet; � North 71°31'30" East, a distance of 268.20 feet; South 11°40'30"East, a distance of 154.00 feet; South 17°59'30"West, a distance of 53.80 feet; South 9°58'30"East, a distance of 145.00 feet; South 38°11'30"East, a distance of 129.00 feet; ' South 40°53'30"East, a distance of 115.B0 feet; , Sauth 8°02'30"West, a distance of 67.70 feet; , Sauth 49'56'30"West, a distance of 271.30 feet; i South ZO°44'30"West, a distance of 85.80 feet; ; South 49°26'30" East,a distance of 263_70 feet; ' South 73°47'30" East, a distance of 701.20 feet; South 42°36'12" East, a distance of 146.00 feet; � South 29°26'25"West, a distance of 100.00 feet; South 20°23'40"West, a distence of 54.55 feet; K1DAL Survey106T171870-Greystar Grepevine Phase 215urveyU.egal DescxiptiorBIPRESERVE PH 2 7D.�ac 2 of 3 South 40°58'41"East, a distance of 130.10 feet; South 14'34'30"East, a distance af 99.40 feet; South 21°54'48"East, a distance of 222.15 feet; South 44°08'29"East, a distance of 375.19 feet; South 39°37'45" East, a distance of 95.97 feet; South 65'07'45" East, a distance of 176.46 feet; � South 20°43'45" East, a distance of 212.81 feet; ; i South 48°50'35"East, a distance of 105.62 feet to the soufheast corner of said Lot 2, Block � A and being in the north line of said Lot 1, Block A; � i THENCE with the common line of said Lots 1 and 2, BlockA,the folloviring courses and distances: j North B9°31'47"West, a distance of 449.09 feet; South 18°59'34"West, a dlstance of 5.93 feet; ' South 25°10'36" East, a distance of 99.74 feet; South 64°49'24" West, a distance of 346.30 feet to the P01NT OF BEGINNING and containing a computed area of 47.35 acres of land, rnore or less. I Bearing system based on the Texas Coordinate System of 1983, North Central Zone (4202), � North American Datum of 1983. ' This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground sunrey,and is not to be used to convey or establish interests in real property except those nghts and interests implied or established by the creation or reconfiguration of the boundary of � fhe political subdivision for which it was prepared. ; `�•��'�ti��T•. /� :.�,w 9 • s..... , p �� • . :... .. •� �► RDT ... ....... 50 "' pv�: !,�'=:�ss1QN' •.. .. Q, A Bl1RV �l0 �e�p Q "�/-(� �b D ICIDAL Survey10B777187aGreystar Orapevine Phase 21SurveylLegal DescriptlonslPRESERYE PH 2rZD.Doac 3 of 3 ,