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HomeMy WebLinkAboutORD 2008-067 ORDINANCE NO. 2008-67 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 Z08-11 ON A TRACT OF LAND OUT OF THE J. N. GIBSON SURVEY, ABSTRACT NO. 591, 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 "CN" NEIGHBORHOOD COMMERCIAL DISTRICT REGULATIONS TO "PO" PROFESSIONAL OFFICE 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: ORD. NO. 2008-67 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 Z08-11 to rezone the following described property to-wit: being a 12.1 acre tract of land out of the J. N. Gibson Survey, Abstract No. 591, Tarrant County, Texas (3735 Ira E. Woods Avenue), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CN" Neighborhood Commercial District Regulations is hereby changed to "PO" Professional Office 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 ORD. NO. 2008-67 3 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. 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 18th day of November, 2008. APPROVED: William D. Tate Mayor ATTEST: Lin a Huff "lif City Secretary APPROVED AS TO FORM: (17P--e- John F. Boyle, Jr. City Attorney ORD. NO. 2008-67 4 Legal Description STATE OF TEXAS § COUNTY OF T ARRAN T § WHEREAS, GARY L.CANTRELL CO., INC. is the owner of a 12.101 acre tract of land in the J.N.Gibson Survey,Abstract No.591,situated in the City of Grapevine, Tarrant County,Texas and being all of Lot 5R,Block 1, SH 26/Pool Road Addition as recorded in Cabinet A, SIide 8780, Plat Records, Tarrant County,Texas;being more particularly described by metes and bounds as follows: COMMENCING,at a found 1/2 inch irdn rod(bent)for corner in the west right-of-way line of Pool Road(a 90 foot R.O.W.), said point being the southeast corner of said Block I and the northeast corner of the John K. Britton Tract, as recorded in Volume 12013,Page 1684,Deed Records,Tarrant County, Texas; THENCE South 89°31'57"West, leaving said west right-of-way line of Pool Road,and following along the South line of said Block 1,and the north line of said Britton Tract,being a common line,for a distance of 407.67 feet, to a found 1 inch iron rod at the POINT OF BEGINNING, being the southeast corner of Lot 5R.; THENCE South 89°41'35"West,continuing along said common line,for a distance of 853.91 feet passing a found 1 inch iron pipe,in all a distance of 980.09 feet to a point for corner,located in Big Bear Creek; THENCE North 02°29'27"West,leaving said common line, for a distance of 100.70 feet to a point for corner located in Big Bear Creek; THENCE North 67°05'33"East,for a distance of 334.90 feet to a point for corner located in Big Bear Creek; THENCE North 15°00'27"West, for a distance of 346.20 feet to a point for corner located in Big Bear Creek; THENCE North 33°40'33"East,for a distance of 100.00 feet to a found 1/2 inch iron rod for corner;said point being in the south line of a tract of land conveyed to the State of Texas for right-of-way for State Highway 26(a variable width RO.W.)as recorded in Volume 7074,Page 1173,Deed Records,Tarrant County,Texas; THENCE North 65°40'33"East,along said south right-of-way line of State Highway 26,for a distance of 150.00 feet to a found 1/2 inch iron rod for corner; THENCE North 24°19'27"West,continuing along said south right-of-way line,for a distance of 60.00 feet to a found 1/2 inch iron rod for corner; THENCE North 65°40'33"East,continuing along said south right-of-way line,for a distance of 151.97 feet to a found 1/2 inch iron rod for corner; THENCE North 61°18'33"East, continuing along said south right-of-way line, for a distance of 201.78 feet to a found 1/2 inch iron rod for corner; THENCE North 52°53'06"East,continuing along said south right-of-way line, for a distance of 20.80 feet to a found 1/2 inch iron rod with cap for corner,being the northeast corner of said Lot 5R; THENCE South 15°56'21"East,with the east line of Lot 5R,for a distance of 969.06 feet,to the POINT OF BEGINNING, containing 527,116.79 square feet or 12.101 acres of land,more or less. s ..