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HomeMy WebLinkAboutORD 2012-062 ORDINANCE NO. 2012-62 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 Z12-13 ON A TRACT OF LAND OUT OF THE GREEN W. MINTER SURVEY, ABSTRACT NO. 1083, 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-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 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 ORD. NO. 2012-62 2 amended and changed by Zoning Application Z12-13 to rezone the following described property to-wit: being a 16.2631 acre tract of land out of the Green W. Minter Survey, Abstract No. 1083, Tarrant County, Texas (300 West Glade Road) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PCD" Planned Commerce Development District 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 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. 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 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. ORD. NO. 2012-62 3 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 20th day of November, 2012. APPROVED: William D. Tate Mayor ATTEST: 41111 ock;026/"K. Jog . Brown Cit Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-62 4 EXHIBIT A TO ORO 02042-loa. Page 1 of BEING all that certain lot, tract or parcel of land situated in Green W. Minter Survey, Abstract No. 1083 in the City of Grapevine, Tarrant County, Texas and being a portion of a tract of land described in a deed to Ellsworth D. Sallee and recorded in Volume 13915 at Page 113 of the Official Property Records of Tarrant County, Texas, and being a portion of a tract of land described in a deed to Glade Road Joint Venture No. 2 as recorded in Volume 8719 at Page 2137 of the Official Property Records of Tarrant County, Texas, and being a portion of a tract of land described in a deed to New Jonathan Enterprise and recorded in Instrument# D201009099 of the Official Property Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron rod set for corner in the North right-of-way line of Glade Road (variable width right-of-way), said corner being the Northwest corner of a 4282 square feet of land described in Street Right-of-way Deed to the City of Grapevine, Tarrant County ,Texas and recorded in Instrument No. D205322438 of the Official Property Records of Tarrant County, Texas, THENCE North 00° 18' 54" West (Basis of Bearings per North American Datum 1983) and departing the North right of way line of said Glade Road and passing Southeast corner of Glade Corners Addition, an addition to the City of Grapevine, Tarrant County, Texas and recorded in Cabinet "A", Slide 6296 of the Plat Records of Tarrant County, Texas at a distance of 9.37 feet and along the East line of said Glade Corners Addition, for a total distance of 637.92 feet to a 5/8" iron rod set for the Northeasterly corner of said Glade Corners Addition; THENCE South 89° 34' 23" West and following along the North line of said Glade Corners Addition, for a distance of 70.09 feet to a 5/8" iron rod set for corner, said point being the Southeast corner of Lot 18 of Block 3, described as Common Area/Private Drainage Easement as shown on the Plat of Stone Bridge Oaks, an addition to the City of Grapevine, Tarrant County, Texas and recorded in Cabinet "A", Slide 12164 of the Plat Records of Tarrant County, Texas; THENCE North 01° 05' 56" West and departing the North line of said Glade Corners Addition and following along the East line of said Lot 18 of Block 3 of said Stone Bridge Oaks addition for a distance of 316.16 feet to a point for corner and being witnessed by a 3/4" iron pip bearing North 54° 04' West at a distance of 0.9 feet; THENCE North 89° 28' 57" East and departing the East line of Lot 18 of Block 3 of said Stone Bridge Oaks addition, and passing at a distance of 349.90 feet the common corner of aforesaid Salle D. Ellsworth Tract and Glade Road Joint EXHIBITA_TO°AL 24:1a.:12.2--__ Page a- Venture No. 2 tract, and also passing at distance of 605.98 feet the common corner of aforesaid Glade Road Joint Venture No. 2 tract and New Jonathans Enterprise tract, and continuing in all for a total distance of 625.61 feet to a 5/8" iron rod set for corner in the West right-of-way line of State Highway No. 360 (variable width right-of-way); THENCE South 25° 27' 05" East and following along the West right-of-way line of said State Highway No. 360, as established by deed to the State of Texas recorded in Volume 8370 at Page 1065 of the Deed Records of Tarrant County, Texas, for a distance of 12.80 feet to a Texas Department of Transportation Monument found for corer at the beginning of a curve to the right having a radius of 2242.72 feet, a central angle of 05° 13' 18", a chord bearing of South 22° 58' 23" East at a distance of 204.49 feet; THENCE Southeasterly along said curve to the right and along the West right-of- way line of State Highway No. 360, for an arc distance of 204.56 feet to a Texas Department of Transportation Monument found for corner; THENCE South 13° 06' 27" East and continuing along the West right-of-way line of State Highway No. 360, for a distance of 79.53 feet to a Texas Department of Transportation Monument found for corner; THENCE South 18° 54' 02" East and continuing along the West right-of-way line of State Highway No. 360, for a distance of 49.18 feet to a Texas Department of Transportation Monument found for corner; THENCE South 22° 02' 01" East and continuing along the West right-of-way line of State Highway No. 360, for a distance of 119.53 feet to a Texas Department of Transportation Monument found for corner; THENCE South 16° 44' 08" East and continuing along the West right-of-way line of State Highway No. 360, for a distance of 209.81 feet to a Texas Department of Transportation Monument found for corner at the beginning of a curve to the left having a radius of 1465.15 feet, a central angle of 10° 08' 24", a chord bearing of South 21° 38' 58" East at a distance of 258.96 feet; THENCE Southeasterly along the West right-of-way line of State Highway No. 360 and said curve to the left, for an arc distance of 259.30 feet to a Texas Department of Transportation Monument found for corner, said point being the North end of a corner clip at the intersection of West right-of-way line of said State Highway No. 360 and the North right-of-way line of aforesaid Glade Road; EXHIBIT i TO g aO'a - Page 3 of THENCE South 31° 12' 02" West and continuing along said corner clip at the intersection of West right-of-way line of said State Highway No. 360 and the North right-of-way line of aforesaid Glade Road, for a distance of 71.85 feet to a Texas Department of Transportation Monument found for corner; THENCE South 88° 51' 19" West and continuing along the North right-of-way line of aforesaid Glade Road, for a distance of 41.36 feet to a Texas Department of Transportation Monument found for corner; THENCE South 01° 29' 25" West for a distance of 11.48 feet to a Texas Department of Transportation Monument found for corner in the North right of way line of the aforesaid Glade Road as established by Street Right-of-way Deed to the City of Grapevine, Tarrant County ,Texas and recorded in Instrument No. D205109645 of the Official Property Records of Tarrant County, Texas; THENCE South 89° 20' 01" West and following along the North right-of-way line of aforesaid Glade Road, right-of-way widened per Street right-of-way Deed and recorded in Instrument No. D205109645, D205255058 and D205322438 of the Official Public Records of Tarrant County, Texas, for a distance of 787.18 feet to the POINT OF BEGINNING and CONTAINING 16.2631 ACRES OF LAND, more or less. 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