HomeMy WebLinkAboutORD 2019-035 ORDINANCE NO. 2019-035
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z19-03
ON A TRACT OF LAND OUT OF THE A. F. LEONARD
SURVEY, ABSTRACT NO. 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 "CN" NEIGHBORHOOD
COMMERCIAL DISTRICT TO "R-5.0" ZERO LOT LINE
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 Z19-03 to rezone the following described
property to-wit: being a 1 .231 acre tract of land out of A.F. Leonard Survey, Abstract No.
946, Tarrant County, Texas (815 Ruth Street), more fully and completely described in
Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CN"
Ordinance No. 2019-035 2
Neighborhood Commercial District is hereby changed to"R-5.0"Zero Lot Line 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. 2019-035 3
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 18th day of June, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST: /ons-`
o _
w,
J'/I _10 _i Y \ iGj
Tara Brooks *-;k-.
City Secretary
APPROVED AS TO FORM:
L =--:,----2------7? -1
City Attorney
I
Ordinance No. 2019-035 4
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LEGAL DESCRIPTION,
BEING a 1.231 acre tract of land in the A.F. Leonard Survey, Abstract
No. 946, in the City of Grapevine, Tarrant County, Texas and being a
portion of that land and described in deed to Mark Edward Walther and
Diane Elaine Walther Bernstein as recorded in Instrument No. D21371327
Official Property Records of Tarrant County, Texas and being more
particularly described as follows;
BEGINNING at a 1/2' iron rod found and said point being by deed call the
most northerly northwest corner clip corner of Ruth Wall Road and
Wildwood Lane according to the condemnation records granted to the City
of Grapevine, by Condemnation in Cause Number 01-5119-2 in the County
Court of Law No. 2, Tarrant County, Texas,
THENCE S 45°39'29' W leaving said Ruth Wall Road and to the north
right—of—way line of Wildwood Lane a distance of 20.31 feel to a 1/2' iron
rod set with a ' TO Burks #5509' cap,
THENCE S 89' 17'00' W along said north right—of—way line a distance of
401.98 feet to a 1/2' iron rod set with a 'TO Burks #5509' cap and said
point being in the eastern boundary line of that certain tract of land as
described as Tract A-20, in deed to the United States of America Corps
of Engineers as recorded in Volume 2397, Page 121 Deed Records of
Tarrant County, Texas,
THENCE N 56'14'02' E leaving said north right—of—way and along said USA
property a distance of 483.94 feet to a I/2' iron rod set with a 'TO Burks
#5509' cap in the west line of said Ruth Wall Road,
THENCE S 63'28'45' E along said west right—of—way line a distance of 21.32
feet to a 1/2' iron rod set with a ' TO Burks #5509' cap and said point being
the Point of Curvature of a curve to the right having a Radius of 965.00 feet,
a Central Angle of 02'37'56' , a Chord Bearing of S 05'52'05' W and a Chord
Distance of 44.33 feet,
THENCE along said curve and right—of—way in a southerly direction a distance
of 44.33 feel to a 1/2' iron rod set with a 'TO Burks #5509' cap and said point
being the Point of Reverse Curvature of a curve to the left having a Radius of
1,035.00 feet, a Central Angle of 05'55'45' , a Chord Bearing of S 04'13'10' W
and a Chord Distance of 107.06 feet,
THENCE along said curve and right—of—way in a southerly direction a distance
of 107.11 feet to a 1/2' iron rod set with a ' TO Burks #5509' cap,
THENCE S 01'15'16' W along said right—of—way a distance of 75.18 feet to the
Point of Beginning and containing in all 53, 636 square feet or 1.231 acres of
land.
?one Change Request Z19-03 is a request to rezone 1.231 acres from
'CN' Neighborhood Commercial District to 'R-5.0' Zero Lot Line District
'or the development of four single family residential lots.
PCD Notesr
I. All lots wilt access from Wildwood Lane only.
2. A 6 feet wide sidewalk will be installed along Wildwood Lane.
PREPARED BY:
Edward T. Ke11/e, PE
P.O. BOX 471898
FORT WORTH, 7X 78147
TEL'817.465.1396
V C 1 I I C RRM NO: 7585
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ZONE CHANGE REQUEST
815 RUTH WALL ROAD
Z19-03
Dr
Coppe,l Rd
Current Zoning: CN. Neighborhood Commercial
Proposed Zoning: R5.0. Residential
1.231 Acre Tract
City of Grapevine, Tarrant County
Texas
June 6, 2019