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HomeMy WebLinkAboutORD 2012-025 ORDINANCE NO. 2012-25 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 Z12-04 ON A TRACT OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO. 518, 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 "GV" GRAPEVINE VINTAGE DISTRICT REGULATIONS TO"GU"GOVERNMENTAL USE 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) 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: 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. 2012-25 2 amended and changed by Zoning Application Z12-04 to rezone the following described property to-wit: being a 5.426 acre tract of land out of the A. Foster Survey, Abstract No. 518, Tarrant County, Texas (626 Ball Street) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "GV" Grapevine Vintage District Regulations is hereby changed to "GU" Governmental Use District, 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 ORD. NO. 2012-25 3 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, 2012. APPROVED: William D. Tate Mayor ATTEST: Jo C. Brown City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2012-25 4 EXHIBIT, TO 00• ao-/ •a S Page ._L._ of NIEREAS, the City of Grapevine is the owner of a 6.428 acre tract of land in the A. Foster Survey, street No. 618, situated in the City of Grapevine, Tarrant County, Texas and being that tract scribed in City Council Resolution No. 98-48 and Volume 12889, Page 1023 and Volume 13898, Page of the Deed records of Tarrant County, Texas and being more particularly described as follows: GINNING at a steel rod capped "SURVCON" in the South right-of-way of College Street and the East ht-of-way of Homestead Lane; ENCE along said South right-of-way, with a curve to the right a length of 149.23 feet, said curve ving a radius of 1005.88 feet and a chord which bears 149.07 feet, South 84 degrees 52 minutes 07 ponds East, to a steel rod capped "SURVCON ENCE South 80 degrees 37 minutes 04 seconds East, 30.30 feet to a 5/8 inch steel rod; NCE with a non-tangent curve to the left a length of 175.20 feet, said curve having a radius of 17.02 feet and a chord which bears 175.02 feet, South 85 degrees 25 minutes 05 seconds East, to a el rod capped "SURVCON"; KNCE South 89 degrees 57 minutes 23 seconds East, 184.83 feet to a steel rod capped *T. VOGT"; INCE with a curve to the left a length of 18.18 feet, said curve having a radius of 920.33 feet and a )rd which bears 18.18 feet, North 89 degrees 29 minutes 11 seconds East, to a steel rod capped T. rT"• DICE with a non-tangent curve to the right a length of 38.15 feet, said curve having a radius of 62 feet and a chord which bears 32.98 feet, South 48 degrees 48 minutes 02 seconds East, to a el rod capped "SURVCON"; DICE with the West right-of-way of Ball Street, South 04 degrees 43 minutes 22 seconds East, .07 feet to a steel rod capped "T. VOGT"; DICE with a curve to the right a length of 145.11 feet, said curve having a radius of 3859.91 feet l a chord which bears 94.98 feet, South 03 degrees 38 minutes 45 seconds East, to a steel rod Ted "J.D.Z."; NCE South 42 degrees 49 minutes 44 seconds West, 27.45 feet to a steel rod capped "T. VOGT"; DICE with the North right-of-way of Homestead Lane, South 87 degrees 58 minutes 54 seconds West, 78 feet to a steel rod capped "T. VOGT"; DICE with a curve to the left a length of 157.08 feet, said curve having a radius of 400.00 feet and hord which bears 158.08 feet, South 76 degrees 41 minutes 59 seconds West, to a steel rod capped VOGT"; DICE South 85 degrees 27 minutes 03 seconds West, 95.07 feet to a steel rod capped "T. VOGT"; DICE with a curve to the right a length of 440.02 feet, said curve having a radius of 400.00 feet l a chord which bears 370.28 feet, North 57 degrees 15 minutes 05 seconds West, to a steel rod ped "T. VOGT"; DICE with the East right-of-way of Homestead Lane, North 00 degrees 02 minutes 49 seconds East, feet to a steel rod capped *T. VOLT DICE with a curve to the right a length of 51.18 feet, said curve having a radius of 500.00 feet and hord which beam 51.18 feet, North 02 degrees 58 minutes 48 seconds East, to a steel rod capped VOGT"; NCE North 05 degrees 54 minutes 42 seconds East, 48.85 feet to a steel rod capped "T. VOGT"; NCE with a curve to the left a length of 51.18 feet, said curve having a radius of 500.00 feet and a rd which bears 51.18 feet, North 02 degrees 58 minutes 45 seconds East, to a steel rod capped "T. T"; NCE North 00 degrees 02 minutes 48 seconds East, 78.23 feet to a steel rod capped "T. VOGT"; NCE North 45 degrees 02 minutes 42 seconds East, 28.24 feet to the POINT OF BEGINNING and twining 5.428 acres of land more or less.