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HomeMy WebLinkAboutORD 2007-025 ORDINANCE NO. 2007-25 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 Z07-07 ON SEVERAL TRACTS OF LAND OUT OF THE W. DOOLEY SURVEY, ABSTRACT NO. 422 AND THE A. FOSTER SURVEY, ABSTRACT NO. 518, DESCRIBED AS BEING TRACTS 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 "R-TH" TOWNHOUSE DISTRICT REGULATIONS, "R-3.75" THREE- AND FOUR-FAMILY DISTRICT REGULATIONS AND "CBD" CENTRAL BUSINESS DISTRICT TO "R-7.5" SINGLE-FAMILY DISTRICT REGULATIONS AND "GU" GOVERNMENTAL USE 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. ORD. NO. 2007-25 2 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 Z07-07 to rezone the following described property to-wit: several tracts of land out of the W. Dooley Survey, Abstract No. 422 and A. Foster Survey, Abstract No. 518, Tarrant County, Texas (generally located west of Barton Street, east of Ball Street, south of Wall Street and north of Hudgins Street), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-TH" Townhouse District Regulations, "R-3.75" Three- and Four-Family District Regulations and "CBD" Central Business District is hereby changed to "R-7.5" Single-Family District Regulations and "GU" Governmental Use District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. All existing structures and existing lots within the described area shall be deemed to be lawful relative to Sections 15.F Density Requirements and Section 15.G Area Regulations and shall have the same status as any other lot authorized pursuant to this ordinance except no lot existing at the time of this ordinance shall be reduced in size below seventy-five hundred (7,500) square feet. 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 ORD. NO. 2007-25 3 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of May, 2007. APPROVED: William D. Tate Mayor ATTEST: 1 Lind Huff 4* City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2007-25 4 EXHIBIT "A" TO ORD. 2007-25 Page 1 of 3 Current/ Legal Description Situs Address Tax Roll Name/Address Proposed Zoning FIRST UNITED METH FIRST UNITED METH CH R-TH CHURCH/GVINE 000422 S CHURCH ST GRAPEVINE TO BLK 1 LOT 1R 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 FIRST UNITED METH FIRST UNITED METH CH R-TH CHURCH/GVINE 000342 S SCRIBNER GRAPEVINE TO BLK 3 LOT 1 ST 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 GRAPEVINE, CITY OF REDMON, ROBERT L EST R-TH BLK 10 N105'2 000417 W WALL ST 417 W WALL ST TO GRAPEVINE TX 760515203 R-7.5 GRAPEVINE, CITY OF JIMENEZ, FLOR R-TH BLK 11 LOT 000314 S CHURCH ST 1342 S PINE ST TO 1A(N60'E90.8'1) GRAPEVINE TX 760515524 R-7.5 GRAPEVINE, CITY OF SCHULD, KIMBERLY M R-TH BLK 11 LOT 1B 000320 S CHURCH ST 320 CHURCH ST TO S137.5'N197.5'E89.5'LO GRAPEVINE TX 760515237 R-7.5 T1 GRAPEVINE, CITY OF TOWERY, DIANE E & RUSSELL R R-TH BLK 11 LOT 1 C(S50'1) 000330 S CHURCH ST 3345 BARBERRY RD TO GRAPEVINE TX 760514201 R-7.5 GRAPEVINE, CITY OF HOUSING AUTHORITY R-TH BLK 12 LOT 000200 S CHURCH ST GRAPEVINE TO GU GRAPEVINE, CITY OF CMPA-EAGLE INC R-TH BLK 14 LOT 2B 000215 W COLLEGE ST PO BOX 1178 TO BLK 14 LOTS 2B&3A GRAPEVINE TX 760991178 R-7.5 GRAPEVINE, CITY OF KENNEDY, EDGAR CBD BLK 14 N167.5'W81 000221 W COLLEGE ST 221 W COLLEGE ST TO 1/2'3 GRAPEVINE TX 760515256 R-7.5 GRAPEVINE, CITY OF MOORE, RUBY R-TH BLK 14 LOTS 3C&6A 000619 S CHURCH ST 619 CHURCH ST TO GRAPEVINE TX 760515244 R-7.5 GRAPEVINE, CITY OF MOORE, RUBY R-TH BLK 14 LOTS 3C&6A 000619 S CHURCH ST 619 CHURCH ST TO GRAPEVINE TX 760515244 R-7.5 GRAPEVINE, CITY OF DFW CHURCH OF CHRIST R-TH BLK 2 LOT 2 000325 S CHURCH ST 803 EARLS ALY ST TO GRAPEVINE TX 760516618 R-7.5 GRAPEVINE, CITY OF HOOVER, SHARON ANN R-TH BLK 2 LOT 3 000218 W WORTH ST 218 W WORTH ST TO GRAPEVINE TX 760515251 R-7.5 GRAPEVINE, CITY OF WINTERS, DAVID R-TH BLK 24 LOT 1A 000309 W COLLEGE ST PO BOX 865 TO GRAPEVINE TX 760990865 R-7.5 GRAPEVINE, CITY OF ARMSTRONG, DEBORAH D R-TH BLK 24 LOT 1B 000614 S CHURCH ST 614 CHURCH ST TO GRAPEVINE TX 760515243 R-7.5 SHAMROCK RENTAL R-TH GRAPEVINE, CITY OF 000604 S CHURCH ST PROPERTIES TO BLK 24 LOT 1R PO BOX 92879 R-7.5 SOUTHLAKE TX 760920879 GRAPEVINE, CITY OF CHAMBERS,VERA FAY EST R-TH BLK 24 LOTS 2A&2B 000626 S CHURCH ST 626 CHURCH ST TO GRAPEVINE TX 760515243 R-7.5 EXHIBIT "A" TO ORD. 2007-25 Page 2 of 3 Current/ Legal Description Situs Address Tax Roll Name/Address Proposed Zoning GRAPEVINE, CITY OF CHAMBERS,VERA FAY EST R-TH BLK 24 LOTS 2A&2B 000626 S CHURCH ST 626 CHURCH ST TO GRAPEVINE TX 760515243 R-7.5 SUTTON, TOMMY ETUX RACHEL R-TH GRAPEVINE, CITY OF 000320 W HUDGINS ST EST TO BLK 24 LOT 2C 320 W HUDGINS ST GRAPEVINE TX 760515225 R-7.5 GRAPEVINE, CITY OF GREGORY, JOE D& IZSAK D R-TH BLK 2 LOT 4B 000210 W WORTH ST 342 S MAIN ST STE 100 TO GRAPEVINE TX 760515319 R-7.5 FIRST UNITED METH CH R-TH GRAPEVINE, CITY OF 000501 S CHURCH ST GRAPEVINE TO BLK 3 LOT 8A 422 CHURCH ST GRAPEVINE TX 760515298 R-7.5 GRAPEVINE, CITY OF NEELY, BETTYE FRANCES R-TH BLK 4 N100'5 000507 S CHURCH ST 1422 CLOVER LN TO FORT WORTH TX 761072425 R-7.5 GRAPEVINE, CITY OF TATE, SANDRA KAY R-TH BLK 4 S165'5 000218 W COLLEGE ST 402 AZALEA DR TO GRAPEVINE TX 760513513 R-7.5 ROESSNER, GREGORY P ETUX R-TH GRAPEVINE, CITY OF 000404 W COLLEGE ST CLEM TO BLK 5-7 LOTS 3B&4C 404 W COLLEGE ST GRAPEVINE TX 760515217 R-7.5 GRAPEVINE, CITY OF LAMBERT, KENNETH D R-TH 000416 W COLLEGE ST 416 W COLLEGE ST TO BLK 5-7 LOTS 4A&4B GRAPEVINE TX 760515217 R-7.5 GRAPEVINE, CITY OF ALDACO,JOSE JR R-TH 000512 W COLLEGE ST 512 W COLLEGE ST TO BLK 5-7 LOT 5B GRAPEVINE TX 760515219 R-7.5 GRAPEVINE, CITY OF FULLER, HULDA ALICE R-TH 000504 W COLLEGE ST 504 W COLLEGE ST TO BLK 5-7 LOT 5C GRAPEVINE TX 760515219 R-7.5 FIRST UNITED METH CH R-3.75 GRAPEVINE, CITY OF 000512 W FRANKLIN GRAPEVINE TO BLK 8 LOT 1R ST 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 FIRST UNITED METH CH R-3.75 GRAPEVINE, CITY OF 000504 W FRANKLIN GRAPEVINE TO BLK 8 LOT Al ST 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 GRAPEVINE HOUSING HOUSING AUTHORITY R-TH ADDITION 000302 W WORTH ST GRAPEVINE TO BLK LOT 131 STARR PL GU PLAT 388-139-35 GRAPEVINE TX 760515246 DOOLEY,WILLIAM DICKERSON, C M R-TH SURVEY 000505 W COLLEGE ST 505 W COLLEGE ST TO A 422 TR 44&A 518 TR GRAPEVINE TX 760515220 R-7.5 1OR FOSTER,A HEIRS JEWETT, H L ETUX INEZ D R-TH SURVEY 000721 W COLLEGE ST 721 W COLLEGE ST TO A 518 TR 10D GRAPEVINE TX 760515224 R-7.5 FOSTER,A HEIRS DAVIS, EDWARD MRS R-TH SURVEY 000613 BALL ST 613 BALL ST TO A 518 TR 10D01 GRAPEVINE TX 760515117 R-7.5 EXHIBIT "A" TO ORD. 2007-25 Page 3of3 Current/ Legal Description Situs Address Tax Roll Name/Address Proposed Zoning FOSTER,A HEIRS SHEPARD, DAVID CHARLES R-TH SURVEY 000704 W COLLEGE ST 704 W COLLEGE ST TO A 518 TR 10E GRAPEVINE TX 760515223 R-7.5 FOSTER,A HEIRS WIDNER, RAMAH J R-TH SURVEY 000620 W COLLEGE ST 620 W COLLEGE ST TO A 518 TR 10E01 GRAPEVINE TX 760515221 R-7.5 FOSTER,A HEIRS DEARING, MARVIN C R-TH SURVEY 000714 W COLLEGE ST 714 W COLLEGE ST TO A 518 TRS 10J& 10P GRAPEVINE TX 760515223 R-7.5 FOSTER,A HEIRS JENKINS-WESTON, SHERRY A R-TH SURVEY 000722 W COLLEGE ST PO BOX 610 TO _A 518 TRS 10J2& 10M3 GRAPEVINE TX 760990610 R-7.5 FOSTER,A HEIRS FIRST UNITED METH CH R-TH GRAPEVINE SURVEY 000455 BALL ST 422 CHURCH ST TO A 518 TRS 10J3& 10M GRAPEVINE TX 760515239 R-7.5 FOSTER,A HEIRS FIRST UNITED METH CH R-TH SURVEY 000509 BALL ST GRAPEVINE TO A 518 TR 10M01 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 FOSTER,A HEIRS FIRST UNITED METH CH R-TH SURVEY 000427 BALL ST GRAPEVINE TO A 518 TR 10M02 422 CHURCH ST R-7.5 GRAPEVINE TX 760515239 FOSTER,A HEIRS JORDAN, RANDY R-TH SURVEY 000601 W COLLEGE ST PO BOX 98 TO A 518 TR 10R01 GRAPEVINE TX 760990098 R-7.5