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HomeMy WebLinkAboutItem 03 - Z12-13 Glade Hills ITEM # 3 4 oZ'f TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR304-6 MEETING DATE: NOVEMBER 20, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE REQUEST Z12-13, GLADE HILLS ADDITION Jl l I I l 1 Grapevine cbl APPLICANT: Brad Meyer of Contrast Development 11 � I �Hq �erte �r I.H.rg35 PROPERTY LOCATION AND SIZE: Northwes The subject property is located at 300 West Glade w` Road and is proposed to be platted as Lots 1-14, Block 1; Lots 1-15, Block 2; Lots 1-19, Block 3; Lots UFW I Helhlohnson s, Airport 1-6, Block 4, and Lots 1-15, Block 5 Glade Hill _ 4 Addition. The subject property comprises 16.26 acres and has approximately 830 feet of frontage Glaris Rtl. along West Glade Road and 935 feet of frontage 3 along the south State Highway 360 service road. REQUESTED ZONE CHANGE AND COMMENTS: The applicant is requesting a zone change to rezone 16.26 acres from "PCD" Planned Commerce Development District to "R-5.0" Zero Lot Line District for single family residential development. It is the applicant's intent to develop 69 single family residential lots on the subject property. The largest lot is 24,432 square feet and the smallest lot is 6,005 square feet; average lot size is 7,776 square feet. Density is 4.24 dwelling units per acre. Two entrances to the subdivision are proposed the main entrance accessed from Glade Road and a right in, right out only drive from the southbound State Highway 360 service road. PRESENT ZONING AND USE: The property is currently zoned "PCD" Planned Commerce Development District and is undeveloped. 0:2CU/Z12-13.4 1 November 14,2012(2:18PM) HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned 1-1"Light Industrial District, 1-2" Heavy Industrial District, and "C-2" Community Business District prior to the 1984 City Rezoning. The property to the north was zoned 1-1" Light Industrial District prior to the 1984 City Rezoning. A zone change (Z02-06) was approved on the property located to the northwest of the subject site at Council's September 17, 2006 meeting rezoning the property from "PCD" Planned Commerce Development District to "R-MF-1" Multifamily District for a 124-unit condominium project that was deed restricted to no more than six units per acre. The project never moved beyond the initial planning stages. At Council's May 16, 2006 meeting a zone change (Z06-03) and a planned development overlay (PD06-06) was approved on this same property to allow for the development of 138 townhomes on 23.58 acres that had been previously zoned "R-MF-1" Multifamily District. A subsequent modification to the planned development overlay(PD07-01)was approved by the Site Plan Review Committee at their March 28, 2007 meeting which allowed for the slight adjustment of the location of lots near the southeast corner of the site to preserve trees. Council considered at their April 20, 2010 meeting Planned Development Overlay PD 10-02 on the subject property whereby the applicant proposed redeveloping the property to allow for 66 single family lots; the applicant later withdrew the request during the Commission's deliberation. At the July 20,2010 meeting a zone change(Z10-02)to rezone 19.165 acres from "R-TH"Townhouse District to "R-5.0"Zero Lot Line District for the development of 66 single family detached lots was approved. A planned development overlay(PD10-04)was also approved which allowed for deviation from the front, rear, and side yard setback requirements and the building and impervious coverage requirements within the "R-5.0" Zero Lot Line District standards. The property to the west was rezoned from "PCD" Planned Commerce Development District to"CN" Neighborhood Commercial District in March 2000(Z00-05, Ord. No. 00-37). A conditional use permit for a retirement community was approved at that time as well. The site plan for the retirement community has been amended several times since the original approval. At the December 20, 2011 meeting the City Council considered and denied a zoning change (Z11-07), conditional use request(CU11-29), and a planned development overlay (PD11-07)on the subject tract. The applicant proposed to rezone 16.26 acres from"PCD" Planned Commerce Development District to"R-MF"Multifamily District forthe development of a 321 unit multifamily complex. The conditional use request was to vary from the established standards relative to building height and parking and a planned development overlay was requested to deviate from building length and building location relative to off- street parking. The same applicant attempted to rezone the subject property a second time at the June 19,2012 meeting from "PCD" Planned Commerce Development District to "R-MF" Multifamily District(Z12-05)for the development of a 269 unit apartment complex. A conditional use permit (CU12-18) and a planned development overlay (PD12-03) was also submitted to allow for increased height and to vary from building length and building 0:2CU212-13.4 2 November 14,2012(2:18PM) location. All three requests were denied. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "PCD" Planned Commerce Development District—undeveloped property SOUTH: City of Euless EAST: State Highway 360 right-of-way WEST: "CN" Neighborhood Commercial District and "R-5.0"Zero Lot Line District—Glade Corner Retirement Homes and Stone Bridge Oaks AIRPORT IMPACT: A portion of the subject tract is not located within any of the noise zones as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map howeverthe majority of the tract 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 Commercial land use. The applicant's proposal is not in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates Glade Road as a Type B Major Arterial with a minimum 80-foot right-of-way developed as four lanes with a center median. /rs 0:IZCUIZI2-13.4 3 November 14,2012(2:18PM) w Y 9 c ;y kr i i c . E E� c,o'• OOXG is 3 NO p* flill t ' l w 400 feet r y CITY OFGRAPEVINE 70NE CHANGE APPLICATION PART Am L _......---__ pli nt Name. Contrast Development,L.L..C. Appl'xzint Address:kit; ,BCD E.John CarWter F%Vy.Suite 9.10 CitytStt � ilit i�'e° s11 " Phore No. 1( t7)31 17 Fax No. Wone EmaoQ AddreSs brad.meyer,;conirastdevelopment.tornp,, trio Phone Is-etabove AppVcaffs interesi in subjacl property purchaser PART . PROPERTY INFORMATION Street Address of subiao property C+S ar9d 3D3 W° Glade Road,Grapevine,Texas Legal Doesceiption, Lot jnta 813eK 'nfa AdditionIcurrentty dl properry Legal d seription at subject wopaft (rr; t mounds moist be aesce.bed on 8 12' 11":hset Size of subject prop": Wires'l 5_43 .s uars footage '694.001XR .m_ Prasant.:oning classiflcalfon,PCD Plenned Commerce Devel pr Requesteil zoning distK t ; -5. Zero t:at Line Dishict Present use of r vacant preposed use cf property .single to ity residential detached ;t " matlon d trnr n restri ttv zone that l e ape nt understands the master plan dew: R 5.11 would „ w the proposed uhu is klinimun- u -sIn t size for requested zoning n/a PART 3. INFOPMATION Property Owner ion Et Bangesh,Npw Jonathan Enterpflge,Im. Prop Cmner Address 11711 Walnutl'{ll lane,Suite 105 C{tyltat Ip II a exass75 3 J IIl 7 7�IT 0 &ZoneCt3 Requests 8,10 assu=4 10 be ourip-'efid wfi�.tr f,'ud uod of �1%,plccd on the cW�03 forpu&,hwe4py af the cfeseae-n of fh&&aF Based on the ezec I Me Fi�mr.du.yvur txl S&C�;-W to a!,rerdm'@ ZI wi>I,P I von W ar—A`k:,Ws said put,.z heofirg;i wby to ct 4to 140 has . Put.'-'z fteiring.:w.':?ncl be fat!od. j to conz%p�pl,-n a ron-rPl^;Aw,:^q r-tn&:-y be aPProicdijyd,4/a jm:ttouLjjp 3 1".%to m;rtd rad a7 tft re-46 affrnen:s as set forth by the fz-zov ze st a thal !7 mqi",romfinte Vf PAR'r 4.SIGNATURE TO AUTKORIZE A ZONE C14ANGE REQUEST AND PLACE A ZON8 CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY Brad Meyer,Contrast DeveloDm ent,LLC. Pnnt Aooi=nrs Name Ar.ohcant's S?qnaluta The State of Texas County of L\C"5 Befona age(notary) 5 on this day persoriallyappeated(appliwnt)lPradMeyor known to me or proved to me on the opth of card or alter document)to be the person whose ram is sutwr-fibed to the foregoing instrument and nrkn&aledged to me that Fe executed the same for the pkirposas and consideration thorein expressed. (Seek)Given under my hand and seal of office ftsl day afr A.0.r KARLA W JONES Uj Notary Public, Staw of Texas My Commission Expires r June 11, 2014 ....... . ............. Notary In and For State of TVY 3 Jon K.Bartgash Prini Property Owner's Name Pro tt ®nets Signature fhe State of Texas County of '0q -.re5 Were rre(notary) Y I¢yfst /fVQel ths.day par sonafil appeared(appl,.Cant),.Jon K.Ban gash '!f card of on k=-m to me(or proved to rrs on the oath other eincument)to be the rtemon whose riamia is subscribed to the foreq-,-ing inutrurnent and acknowledged to me ftl he executed tho same for the purposes and cormideration therein expressed. (Seall Given under my hand and seal of otfice th"a day of 5-9,,-/,e,,, A,D, C)/,?, CHERYL ANN AVARY Notary Public,State of Texas Notary In and For State of MY Commission Expires July 18, 2014 OCT B y z ZE D -13 ACK kQWLEDGEMSNT All one Change Request are assumed to be complete when filed and will 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 date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be coptinued 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 through the Public hearing process. I have read and understand all of(lie requirements as off by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittaL S'gnalura of Applkant Date S onature of Piopertf OwrlOr Date OCI By Z �• — 4 CITY OFGRAPEVINE ZONE CHANGE APPLICATION PART 9.APPLICANT-INF_ORMA'Flr3N Appiitant NErne: CQaTrast Development,LL.C. App.icant Addrew. 300 E.John y,Surte 940 Qty.'atatc:Zip lrvan—)fTexm 7-'062 Phone N3. 817)$174417 Fax No. None Eivoil Atic=ass ;tdracla:i,yeY correrastc seiapme tecom obr® Phone seeairavo A q uart"s -Interest irr subject pruW L-jr­faurthaser PART 2. PROPERTY INFORMATIOi Street Address Hof st-jject pfop€:'ty 7{�!arc];+7C�V!_[;facts Roan,{raTreviner Texas Legal Osscrip;_on. Lot n a Slr,,:it nia Adtilion'current./unptatted property. Legal description of subject propel:/(metes d bounds rrus±be desr ribxld on S 1'2, -.x 't 9"street Size of sliblezt property~ 8rreSAS.93 !square footage ;89�058 Pres2r't zoning class ification!PCD Planned Commerce Oeveiopr Requested zoning district R-5.07ern t of tine Disu;rt PreSet`t W;e Cf pta7A'.+tY c.�c�nt Proposed use of property single smug ray:tcrrttal derche# T The app!:car-!understands the master plan tiesignalJon and the m..Est resti 41ive 70no tilat -e.'Ot.'d Alum the prepusA U.0 i� R a:4 Minin-jv%laximuni Disuict size for reQ.uested zoning nfa — --- PART 3.PROPERTY OWNER INFORMATION Property CM-ner r.inda W,Bouchet.Generol? nager of Glade Roal Jo;.nt Venrure.,2 Prop a-vner A orewt;37115 West]0;�;id Avenue Ll 4J t� t3 p ster)Colorado,8003f I , j T�. -T C' �Starte'Zi �lestmir Phone No. (3031 69.3799 f=ax La. U A'Zvw Owe fire uzv'v, ri;,J1Q b4z C-r ,IV Me �filrorpf,.:.—V R'?Y Ll A?J pub'.:c t's3ri7;;s ko g ba:pa*ed gowa bya.r;, ra-,ts and fr4yb&.-.Gn: n thf, 0 Ariltbirgas M a appv-ee�1--h a 7pr* rr-y 6 aj.-r'c:`ud t?"a heaofl,4 rorfags. U I ltfjj,a 1;,nnf4r;I PC4U.!-ST z-0"krh,Ak4- 0'e04, wMeWs t fr $ary-': -7 N,e e?t-u;i lr t at 1{-e C f C-;bf-, jr PART 4.$IGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY Brad Meyer,Contmnt Development,L.LC- Print Applicant's Name Appkc&nt's Signature c Fhp- State of Texas County'o! Before une(uutary) oil ffii$day Pefsor -Yappeafed (appz.cant) 8-fad Meyer ...... known to me(or proved to rr.c on ft oath of cord or other document)to L�tl,e person whose name is Subscribed to the fore,jcing insin=entand acknu-viedged!o mq that he e-xrat; ipci b-in MITIS for If purpases arid considerdfim)11lerbigi expfestec. tSeal)Given uncer my hand ard"al of offir�this' a Y of CtftM1P A.D. .: L F[-,,Iwly P90" KA LAW JONES S Notary Public, State of Texas s", EAP"3 i�l 0 1 My Commission EApire3 June 6 AWI, une 11, 2014 Notary in and For Stir*of inria'.V,f3olich-"m Paint Property owner's Name Property awnef's Sign- The State of :Cojvfzdu County of f ftefraras me{notary) ,rZ.r[• on ti,'3 Lay personally appeLred(applicant)I'I.Wa Sri.Boucbet kria.vn to me (er proved so me on me oath of card or outer document)to be the person whos:name-is subscd"d!r�the forego-ng inetf-ament and acknovilladged to me that he executed the for the piurpmsas and con.5iciarmlion therein oxpfus!ied. (Saul)Given under my hand and seat of c Ific-.1,1 lis day of 56pr A.D. 2"') MAR Notary In and For Stateof • TA4�TA U El C) My Commission Expires 0IM03 BY ACKNOWI Ali Zone Change Request are assumed to ,be complete when filed and will be placed on the agenda for public hearing at the discration of the staf. Based on the size of the agenda, your application may be scheduled to a later date. All publio hearings will be opened and testimony given by applicants and interested oitiaenry. Public hearings may be continued to the next public hearing. Public hearings will not he tabled Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. I have read and understand all of the requirements as set forth by the application for zone change request and ooknowledge that all requirements of this application have been met at the time of submittal. S gnatore of Appt.cnnt Data " hioE m and the most reatWrve zone#het woukl ell Ili u is jR 5. NnimurrdlVlaximum District size for requested zoning PropertyPART 3.PROPERTY OWNER INFORMATION r d �r W. .d� ,Trust ofthe__.l_ee_ rcc ntsTr standthe y�Sallee Survivors T st Prop Owner Address:609 Janis Lane _._.._.. ..... e._. _... _. _ . Phone No. t9d(}}365-2744 Fax o. i y 7 � D- 13 ,J Aw Zo,*Cll&"Roque-V5 RT&&"W?W Ig I*wrp.'eled*heq AW and w0bepWadan ft apnda krPaVictmanng me 1* UN&W al Bj4cd on ft axe o'#,*VRW&YVw'IPP�cd at 5 the�w6Y&Sobodutd to 0;Wor dc�-,�, st 0.0-p,,,da-d test,,'Mrry hwrd, Pub&-he3fifw WW tot be towed. It ther*At PU :0 :3 Any chaWw,�to a tX.,tXjA pja japr,0MV W,-!h,.#201-3 charv&MIQW.St CV?"be jWf 0 A%d J I 113M 10&1 and afttMaM&!I Zte MqUft"WS as so*to bVC41C*jfUth1W4h th,3VV"Vi�he&jmgpro,�ess upis NP94cako hakV&"n rMl at U,JP WV of sut%1161. 10 b),the Appimow 1�w zcne&-arve Avuest ark wkwlsfe�that NY?Wj,�'eMVnj.T Of PART tGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY Prad Meytr.Contrasr DeveWmem.L Print Appkant&NaMe Appffcanrs signalure The State Of T#wax Counly of Before me(notary) 15M WIPW. S on this dBy PerSunH4Y 8PPealed(applicant) knomi 10 Me(01 Proved to tale on the Oath of card or other docurr*nt)to be the person whose n Ferad�Meyer foregoing Instrument and OVMowfedged to me that he executed the same for the 1M11rPMm and ame is SubsrAtmd to the It, rlansideralic)n glolain expfessed. (Seall Given under my hand and seW of office thjj day of A.D. KARLA W JONES Notary Public,State of Texas my Commission Expires 6;. June 11, 2014 Notary In and For Slate of Edwaid W.Ulee Print Property ownees Name Property oriviier's sigmiure The State of Texas County of Before me(notary) on this day Peramlaily appeared(apWicant)'Edward W.Wee known 10 me(or proved to me On tile Gatti of card or other document)to be tho Pe M. n whose name is subscribed to the fix egoing instrument and acknowledged to me that he examted the same for tpe PurP05es and consideration therein expressed. (Seal)Given under my hand and seal of offte this day of i A.D. -26 F2- KJM A HUSCHKE Notaily Pubic &A STATE OF TEXAS My Comm.Exp.3110/16 Notary In and For to 01 All Zone Change Request are assumed to be complete when riled and will be Placed on the agenda forpublic headng at the discretion of the staff. Based on the size Of the agenda, may be scheduled to a later date. u lication Ali public hearings will be opened and festimonY given AY APPficants and interested citizenry. li hearings Publichearing. a . publicAny changes tG a concept plan approved with a zone change request can only be aPProved by . Council through the I have read and understand off of the requirements as set fbith by the aPplicadon for zone change requirementsrequest and acknowledge that all I submittal. Signature of Applicant t Sig"ature of PropertyAter to -- Y Zi 1 BEING II that certainlot, tract or parcel of land situatedin Green W. Minter Survey, Abstract . 1083 in the CityGrapevine, r , Texas and beingi tract of land describedin a deed to EllsworthII recordedin Volume1 ii I Property Records of Tarrant beingCounty, Texas, and i f a tract of land describedin a deed to Glade JointRoad r in Volume1 iil Property Records f Tarrant County, Texas, and beingi c land described in a deed to New Jonathan Enterpriser in Instrument# D201009099 of the Official Property Records of Tarrantbeing more particularlyi . BEGINNING t a 5/8" i rod set for corner in the North right-of-way line Glade (variable wi i -of-way), said corner beingt corner of a 4282 square feet of land describedin Street Right-of-wayi Grapevine, rr recorded in Instrument the Official Property Records of Tarrant County, Texas, THENCE North ° 18' 54" West (Basis of Bearingsr North American departing1983) and i line i Ipassing Southeast corner of GladeAddition, addition i vi , Tarrant County, Texas and recorded in Cabinet "A", Slide distanceRecords of Tarrant County, Texas at a t and alongt line f said GladeAddition, for a total distance of 637.92 feet to a 5/8" iron rod set for the Northeasterlyi I Addition; THENCE South ° following aI line iGlade Cornersi i , for a distance1 " iron rod set forcr i pointing the Southeast corner of Lot 18 of Blockdescribed Area/iv Area/Private DrainageI f Stone Bridge , an addition i r vine, Tarrant County, Texas and recordedin Cabinet " Slide 12164 of the Plat ; THENCE North ° 05' 56" West and departing the North line i Corners Addition following aI East line i Block said Stone Bridgeaddition r a distance .1 i t beingand i %" iron pipi ' West at a distance feet;0.9 THENCE North ° 281 6711 East and departingEast line I of said Stone Bridgeaddition, idistance of 349.90 feet the aforesaidcommon corner of IEllsworth I i t Ventureidistance corner of aforesaidi , 2 tract Enterprisei i in all for a total distancet to a 5/8" iron rod set for corner in the West i line Highway (variable i right-of-way); THENCE South ° " East and followingright-of-way i said State Highwayestablished the State of Texas recorded in Volumer , distanceTexas, for a r i Monument found r corer at the beginningright i radius centralof 2242.72 feet, a ", a chord bearing " distanceEast at a ; THENCE Southeasterly along said curve to the righti - - way line of State Highwayrdistance of 204.56 feet to a Texas Department of Transportation r ; THENCE South ° 06' 27" East and continuing alongi - - line Highwayof State r a distance Transportation t found for ; THENCE South ° 541 02" East and continuing1 i - f- line Highwayof State r a distancet of Transportation ; THENCE South ° ' 01" East and continuingright-of-way i Highwayof State i f 119.53 feet to a Texas Department of Transportationcorner; THENCE South ° continuing 1 right-of-way li Highwayof State r a distance Transportationt found for corner at the beginning havingi . bearing South ® distance THENCE Southeasterly along the West right-of-way i i . 360 and said curve to the left, for an arc distance TransportationDepartment of t found for corner, said pointbeing North end of a corner clip at the intersection right-of-way i i HighwayState i -way line of aforesaid ; THENCE South 01 ' " West and continuingiclip at the intersection i - - line iHighway No. 360 and the North i line aforesaid Idistance Department of Transportationr ; THENCE South ° " West and continuingIong the North right-of-way li id Glade Road, for a distance Transportation ; THENCE South ° ' " West for a distance Department of Transportation in the North right way line f the aforesaid1 li t Right-of-way Dead to the Ci i in Instrument No. D205109645 of the Official Property Records of Tarrant County, Texas; THENCE South 89* 20' 01" West and following right-of-way i aforesaidof I , right-of-way idened per Street right-of-way recorded i Instrument No. D205109645, D205255058 and D205322438 of the Official Public Records of Tarrant County, Texas, for a distance POINTthe , more r less. y All 0 Y. 55 y� L r er 1- •g3[ _ �� I I. ~ IL .'.J NdDV ir' ..:. '3MtlO NtlO'�tl3dd3ib m ■-' b yy _ i^ N gip.'. g 11 •. I� 1� I I � � I' I.- d I I� � .L. .I. g J�1� b ."• t a � � W & 4 q I y it N yI+ N 11: R� N I I w"-A - I IN d n I E F a 4 n � 'J.a' � LI xil'� I 1 •n II" ��- I �$ I mN i� �3 �J {{7I I/ IYI b t R I I ,'p^ � 7 1 nT_ �N t ��,•:� �I '��ee� - 1I I_ N_ 4 I/f[p y .,...✓ 71 u •E M gg N� "Mm uoN+w It €c d �i E�Ses f' �j s $ $$ i$ '�,Ei k.r ���Y 2 •�€ €•k �jl$� is s at � $�C r$a�.' ir '�f ��B��E 3$�at $:g 33�� �3li dA �` �z P' �•�� d f !gf �bEt� �, o E{ �� � d� 33 �b f�`8 1f� i �i�lyg �• ! �} � � gs ,� ;! ds �8 $'fx ��s� a j f t� � j�a ER � 3 a fr dF f 1RR i �0 fa �`a i a • a 3 ,Y e$ a;� 3 13 � is { $ {$st ��� $ � b � f a.o li �,�`� Eli y�aa,! ���# , �•#��� ��_ �� � � i� �tl i��s ;..��G � �` �;��� Il] • � ' r ja $8s1 $fyi ,t $� Eb $° �� $ $� � a # 3 E z e'sPScyB:€F$ 5- 8$ , k ela8a 8 8� 8�;% i � $a- es= � ht:j$. Z G) d a ! • a•- SI I• 4 dst-a 4gL r !. ��a•gd i r b$a f` �.' s 1 bsA B. A p3E 49i� t ■: a 3 b1f j�.. k 11 3�8 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 Z12-13 ON ATRACT 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 DEMANDAZONING 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 forthis 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. �,,,,, 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. . 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: ATTEST' APPROVED AS TO FORM: ORD. NO. ..