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HomeMy WebLinkAboutORD 2021-008ORDINANCE NO. 2021-008 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z21-01 (727 EAST WALL STREET) ON A TRACT OF LAND OUT OF THE A.F. LEONARD SURVEY, ABSTRACT 946, 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 "HC" HIGHWAY COMMERCIAL DISTRICT TO "R-7.5" SINGLE 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, 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 Z21-01 to rezone the following described property to -wit: being a 0.226 acre tract of land out of A.F. Leonard Survey, Abstract 946, Tarrant County, Texas (727 East Wall Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "HC" Ordinance No. 2021-008 2 Highway Commercial District is hereby changed to "R-7.5" Single 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 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. Ordinance No. 2021-008 3 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 23rd day of February, 2021. William b. Tate Mayor ATTEST: 0 N/ FM e7l IR 111 W10- - �0 Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2021-008 4 SLRVEYOR'S NOTES I. Bearings and distances are based on Texas State Plane Coordinate System, Texas Noah Central Zone 4202 North American Datum of 1983 (NAD 83) (U.S. Foot) with a combined scale factor of 1.00011 _. This property lies within Zone "\" I'nshaded of the Flood Insurance Rate Slap for Tarrant County. Texas and Incorporated Areas. map no. 48439CO105IC, dated September 25, 2009, ,ia scaled map location and graphic plotting 3. Notice Selling a portion of this addition by metes and bounds Is a t,,I,t,,n of City subdi,,,i,n ordinance and state platting statutes and is subject to fines and withholding ofutilities and building cenificates. 4 The purpose ofthis plat is to create one lot from a tract of land. VICINITY NLAP NOT TO SCALE E WA CASE NAME. WALL STREET CASE NAME: 727 E. WALL STREET STATE OF TEXAS CASE NUMB ER �Z21-01 COFINTI OF TARRA,NT k LOCATION 703E WALL STREET a Fxr• Aa - CASE NUMBER - Z21-01 = /-. ^7 �7'+ LOCATION/ 03 E. WALL STREET W'HERLAS Tin Bam, LLC. A Texas Limited Liability Company Is the owner of a 0 226 acre tract of land situated in the A I Leonard MAYOR SECRETARY Survey, 46stract \umber 916, being all of a tract of land described m Warrant, Deed with Vendor's Lem to Tin Bam, LLC, a Texas Limited Liability Company and recorded in Instrument Number D220316640, Deed Records, Tarrant County, Teas and being more j$I'CC' particularly described by metes and bounds as follows, (Bearings and Distances are based on the State Plane Coordinate System, Texas DATE North Central Zone (4202) Noah American Datum of 1983 (NAD83) (US Foot) with a combined scale factor of 1.00012 1, PLANNING AND ZONING COMMISSION BEGINNING at a I,_ inch robs, capped "as," found for the northwest comer of said Tin Bam tract, same being the northeast comer of «e s,----" Lot 2, Block I of CHIT Addition, an addition to the Cif, of Grapevine, as, recorded in Instmment Number D220036211, Plat Records, - It,CHAIRMAN Tarrant County, Texas and lying on the south line of a tract of land described m Special Warranty Deed to Debbie S. Domsil and _ - a"o,F��- • a�E�r- recorded an Instrument Number D208454506, Deed Records, Tarrant County, Texas; E DATE: •^ s • rti SHEET. OF THENCE South 89 degrees 54 minutes 49 sccmdS East, with the south line of said Dorasil tract, a distance of 66.47 feet to a I inch - s - i tat Debar capped "\V'INDROSE" Set for the southeast comer thereof. said point lying on the west line of Lot 1, Block 1, W'estem Sizzlin' - _ APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH Steak House, an addition to the City of Grapevine, as recorded in Volume 388-178, Page 91, Plat Records, Tarrant County, Texas, ANY CODES OR ORDINANCE z a DEPARTMENT OF DEVELOPMENT SERVICES - THENCE South 00 degrees'_4 minutes 00 seconds East, with the west line of said Lot 1. a distance of 149 72 feet to a 1. ^_ inch rotor capped "A'INDROSE" set for the southwest comer thereof, same being a point on the north right-of-way line of East Wall Street (}'.,table Width right -of --way); THENCE Noah 88 degrees 42 minutes 09 seconds West, with the north right-of-way line of said East Wall Street, a distance of 65 70 feet to a 1,2 inch rebar capped "WINDROSE" set f r the southwest comer of said Tin Bam tract, THENCE North 00 degrees 42 minutes 30 seconds \Pest, departing the nosh agh-fwey line of said East Nall Street, passing at a distance of 5 67 feet a 1,2 Inch r,bar capped "AS(C" found for the southeast comer of said Lot 2, and continuing with the cast line of said Lot '-, a total distance of 148 34 feet to THE POINT OF BEGINNING and containing 9,846 Square feet or 0.226 acres of land, more or less. I I I I I I — rnuo I I I I I I I I I = I I vz.;l:Rr;in LLrsr Rlr, ry rn::ru x r c iwn-w = ZONED: HC I NO DcrnlnuR.aeu. rssr vO DR Cl I I I ( I ,rr RERAR ZONED HC<c _ LD r L Ill OCIi 1 »frrzu It.ar'rIL\c,llt,r ( t :,- r^'Ce,�r' xt I n NO m - ZONED HC IAm \I A P, i\' I fYX44r (cYJ .2a0Y[a0.6>a0 SR9`54'.{9"E 66.47' )IRS RUAER.111 D: lLT onno AR CAA � Yr; :+115 1N'IT N'(, D.IIIMM'H+ PRTt'T I DRTt'T — — — — — — — — ------ — e'anur EA=ENI , ,NiS a'nn Nr — — — I zoo55zr, I ar w.r 'E �(cY) I cRTcr , t' r E' [ t m 3 I I ZONED: HC ' (( <.% C> � n� PROPOSED ZONING: EEf4 F.d_ _------—--------1 ( R-7.5 { �€ lt 5 eLl I L.LOCs i 'L.41'ER\.i1LLLI\" �d I� I r rNIS.PUT� I Iimory NS, NO PR I OOS6z11 _: iRic, rips U SEYfnT p S U SEYEN� �arunlJ ZONED: HCTATIII .\nnrrIt,rz aurtxl I LOT 1, BLOCK - X...t�.. LOT 1, - Lrrr 1, 111 urn r C.Hn '211 GROtiti I3LOCh, a r,flfr \nnrTTtl\• INST Nu ll2`Ix i, iT NO = Ii L\'IT No D^__nn.,o_ll PR r rl I 9,846 SF r—, Is. _ PRTCT 0.226 Acres ADnrnu\. vz.¢rzrr,.� LU sr.Rus n ZONED: R-7.5 8 Tor:, Rt`Iu_i i 1 IYSI NO n]ianl•i+r ZONED: R-75 'o I 94055F ( _ I ZONED: HC IS?T NU nv`tY1J5 DR I T PR.TCT ( z 0.216:1cres P,114 I,Lr INST O DIL91— ATOrASt1M " ( DRrCT WST N0. INST. NO. O SUci ab ,� D.R.T.S., 5 30' SETBACK , No Nsz ° 0 1— s=�*� � I ro T.I.0DRAiNADE AND I I a' nun. ARN INFO o . E,,—SR, J ------------ — nzr�5znTM aNr J L RRrer -- --- — — — — vz• RFSAR •4smRosE- ,lt ,pr RmAR EOum <cl — _ — ses'sa'iaw so zs- — Eolan (cY.) sao,i'zrE arin�•, sc � � cism.I'�c z.b'0ziza�'za',ia 'i0LW07 S7- ) s02' iLYMD (GY.) _ Na929'S9•E 6Si1' < ) —2v Ss•E - ♦ae^_e'Sa^E og "b D El sage",tt 9t'-� .---R6> 4't)L ?'W Pt; rwl ,r RFB.W) Na5']6 I, 1g.J IRSL- } n F— — — — DR'Itt I �) sR9zz'za•w 5a zr I I Nos racrzT19cru a 5'Nui sr s — — — — — u oN rws Pur I W I J. I T T E.15T ti':II'LI, tiTREE1' - - - ppRD YAE EN R NE RL,III.L,t,L,T11R11\,; _ g ZONING EXHIBIT Tin Barn Wall Addition L EGEND OF ABBRENTATTON'S LOT 1, BLOCK 1 • DR.T ('1DEED RFCORDS, T ARR.AN r Cot N'T)', 7'E\ A5 •®• Area rid Dedlcan„m Being 0.226 Acres situated In the A.F. Leonard Survey, Abstract no. 946 • 1)P R, T.C.T OrFICI.\L PC BLIC RECORDS, PARR:\\T Cot TEXAS • P R I.0 1 PLAT RECORDS, TARRANT ('OLNTA'. TEXAS i Net Pt Total Platted.Area.9,846 Squarc Feet or0'_16 Acres W I N D R O S E posed Zoning: R-7.5 u laned Area 9.405 Square Feer or 0.21f, Acrev Pro • ROW RIGHT OF\\.11' OWNER/DEVELOPER Point of Contact 1.3. Right of 41'a} Dediee0un; 441 Square Fret • IRS 1 2 INCH C' APPLE) R6B,\R Sl A\iPED "WiNDRDS[" Sk-r Tin Be.. LLC Grayson CeBallos LAND SURVEYING I PLATTING City of Grapevine, Tarrant County, Texas • C \1 CO\ 1 ROI LING \TONI MENI a Texas Limited Liability Company 972-370-5871 121 ELM STREET, SURE 200 1 LEWISVILLE. TX 75057 1 214.217.25" Future Land t se Dceignation; RAI Residential \irdmm Imensm 404 E Wall Street grayson ceballos@wmdoeseseo,ces com FIRM REGISTRATION NO. IOT94MI I WINDROSESERVICES.COM - 2021 -- • IF SQ1 ,ARE FEET Grapevine, Texas 76099 Last Revision Date 02/0812021 �aA w t:Er =t�, 1- "n 2c_c �.I•E�ac E, M .cs us� )wa_I ca54 Number -rzt-01