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HomeMy WebLinkAboutORD 2016-018111 11 A Ll 9010104 1 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 Z16-02 ON A TRACT OF LAND OUT OF THE THOMAS EASTER SURVEY, ABSTRACT 458, 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 "R-20" SINGLE FAMILY DISTRICT REGULATIONS TO "CC" COMMUNITY COMMERCIAL 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); 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 t 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 Z16-02 to rezone the following described property to -wit: being a 3.82 acre tract of land out of the Thomas Easter Survey, Abstract ORD. NO. 2016-01 458, Tarrant County, Texas which was previously zoned "R-20" Single Family District Regulations, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, is hereby changed to "CC" Community Commercial 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. 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 * ' - • 2016-01 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 March, 2016. William D. I Tate Mayor ATTEST: John F. Boyle, Jr. City Attorney ORD. NO. 2016-018 4 Tara Brooks +: City Secretary Ix JU Co John F. Boyle, Jr. City Attorney ORD. NO. 2016-018 4 STATE OF 7XAS COUNTY OF TARRANT EXHIBIT "A" TO ORD. NO. 2016-018 Page 1 of 1 WHEREAS, WS PORK CHOP, LLC, are the owners of a 3.8215 acre tract of land situated in the Thomas Easter Survey, Abstract No. 458, City of Grapevine, Tarrant County, Texas, and being that tract described in Transfer of Right of Way ed to the CITY OF GRAPEVINE, TEXAS, recorded in Instrument Number D214005476, Official Public Records, Tarrant unty, Texas (O.P.R.T.C.T.); and being more particularly described as follows: 13EGINNING at a TxDOT Brass Monument found in the north line of Northwest Highway (a variable width right—of—way), said point being the west corner of the tract of land described in Judgment Number 10-85375-3 to the State of Texas recorded in Instrument Number D211019092, Official Public Records, Tarrant County, Texas, said point also being South 76 degrees 53 minutes 49 seconds West, a distance of 73.12 feet from a TxDOT Brass Monument found in the northwest line of said State of Texas tract; THENCE South 67 degrees 07 minutes 08 seconds West, along the said north line of Northwest Highway, a distance of 223.71 feet to 1/2 inch iron rod with yellow cap stamped "JDJR" set for corner at the beginning of a curve to the left having a radius of 215.00 feet, a central angle of 13 degrees 19 minutes 21 seconds, and a chord bearing and distance of South 60 degrees 27 minutes 27 seconds West, 49.88 feet; THENCE Southwesterly, along said curve to the left and said north line of Northwest Highway, an arc distance of 49.99 feet to 1/2 inch iron rod with yellow cap stamped "JDJR" set for corner at the beginning of a curve to the right having a radius of 185.04 feet, a central angle of 78 degrees 39 minutes 19 seconds, and a chord bearing and distance of North 85 degrees 44 minutes 38 seconds West, 234.54 feet;; THENCE Northwesterly, along said curve to the right, an arc distance of 254.02 feet to a 1/2 inch iron rod with yellow cap stamped "JDJR" set in the Northeast line of State Highway 114 (a variable width right—of—way), said point being the beginning of a curve to the left having a radius of 1877.27 feet, a central angle of 13 degrees 04 minutes 32 seconds, and a chord bearing and distance of North 52 degrees 55 minutes 15 seconds West, 427.49 feet; THENCE Northwesterly, along said curve to the left and along said Northeast line of State Highway 114, an arc distance of 428.42 Lf'eet to a 1/2 inch iron, rod with yellow cap stamped "JDJR" set for corner at the beginning of a curve to the left having a radius of 3253.53 feet, a central angle of 04 °degrees 12 minutes 30-s-econds, and a chord bearing and distance of North 56 degrees 43 minutes 43 seconds West, 238.92 fet; THENCE Northwesterly, along said curve to the left and said northeast line of State Highway 114, an arc distance of .97eet to a 1/2 inch iron rod with yellow cap stamped "JDJR" set for corner; 'INCE North 53 degrees 23``minutes 42 seconds West, along said northeast line of State Highway 114, a distance of 114.00/feet to a TxDOT Brass Monument found in the south line of Westgate Plaza, an Addition to the City of Grapevine, Texas, according to the map thereof recorded in Cabinet A, Slide 12829, Plat Records, Tarrant County, Texas; V1, f THENCE South 65 degrees 17 minutes 38 seconds East, along the south line of said Westgate Plaza, a distance of 111.56 feet to a TxDOT Brass Monument found for corner; V V V THENCE South 74 degrees 42 minutes 49 seconds East, continuing along said south line of Westgate Plaza, passing at a distance of 262.30 feet a 5/8 inch iron rod with yellow cap stamped "PATE ENGR RPS 5647" found at the southeast corner of said Westgate Plaza, said point being the southwest corner of Grapevine Plaza, an Addition to the City of Grapevine, Texas, according to the mp thereof recorded in Volume 388-191, Page 5, Plat Records, Tarrant County, Texas, continuing a total distance of 405.8 feet to a 1/2 inch iron rod with yellow cap stamped "Pacheco Koch" found for corner; V u THENCE South 07 degrees 51 minutes 16 seconds West, a distance of 15. stamped "Pacheco Koch" found for corner; 3 feet to a 1/2 inch iron rod with yellow cap J `/ V THENCE South 78 degrees 55 minutes 44 seconds East, a distance of 49 feet to a 1/2 inch iron rod with yellow cap stamped "Pacheco Koch" found for corner; ✓ %/ `/ THENCE North 89 degrees 27 minutes 16 seconds East, a distance of 6K03 feet to a 1/2 inch iron rod with yellow cap stamped "Pacheco Koch" found for corner; THENCE South 00 degrees 09 minutes 44 seconds East, a distance of 100.00 feet to a 1/2 inch iron rod with yellow cap stamped "Pacheco Koch" found for corner; (HENCE North 89 degrees 27 minutes 16 seconds East, a distance of 77.43 feet to the Point of Beginning, and containing puted area of 3.8215 Acres (166,462.50 square feet) of land more or less.