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HomeMy WebLinkAboutORD 2014-020ORDINANCE NO. 2014 -20 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 Z14 -02 ON A TRACT OF LAND OUT OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, 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 "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "R -7.5" SINGLE FAMILY 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: 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. 2014 -20 2 amended and changed by Zoning Application Z14 -02 to rezone the following described property to -wit: being a 0.949 acre tract of land out of the William Dooley Survey, Abstract No. 422, Tarrant County, Texas (213 East College Street) more fully and completely described in Exhibit "A ", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "R -7.5" Single Family District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82 -73, as amended. Section 2. That the Declaration of Restrictive Covenants executed commensurate with Ordinance 98 -148 are hereby authorized to be deleted and removed in their entirety. 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, and to execute the release of said Restrictive Covenants. 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. 2014 -20 3 not to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 8. That the fact that the present ordinances and regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of APRIL, 2014. APPROVED: William D. Tate Mayor ATTEST: (::?-� 6?�C� Jod . Brown City Secretary APPROVED AS TO FORM: John F. Boyle, J r. City Attorney ORD. NO. 2014 -20 4 O4 e ($RAP�►V'yt� ve" % State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 15th day of April, 2014 . N- y Signature My Commission Expires: 01/14/2016 :Q1�pY PGd�� ANNE BAKER *�* Notary Public State of Texas My Comm. Expires 01.14 -2016 ORD. NO. 2014 -20 5 EXHIBIT "A" TO ORD. NO. 2014 -20 :DIAIL VF ILxAS Page 1 of 1 COUNTY OF TARRANT V/g906095*3 V974 WHEREAS I, Phillips Soles Inc., am the sole owner of a tract of land situated in the William Dooley Survey, Abstract No. 422, Tarrant County, Texas, and being all of Lot 4 and the east 50.00 feet of Lot 5, Block 31, of the Original Town of Grapevine, as recorded in Volume 309, Page 71 of the Plat Records of Tarrant County, Texas, and being more particularly described as follows: Beginning at a 1/2 inch iron rod found for corner In north line of College Street (60' R.O.W.), at the southeast corner of Lot 5R, Block 31 of the Replat of Lot 5, Block 31 of the Original Town of Grapevine, according to the plat thereof recorded in Volume 309, Page 71, of the Plat Records of Tarrant County, Texas; Thence North 00 deg. 20 min. 00 sec. West along the east line of said Lot 5R, a distance of 264.00 feet to a 1/2 inch iron rod found for the northeast corner of same, said point being in the south line of Lot 1, Block 31 of said Original Town of Grapevine Plat; Thence North 89 deg. 32 min_ 41 sec. East along the north line of said Lots 5 and 4, a distance of 155.85 feet to a 1/2 Inch iron rod found for the northeast corner of said Lot- 4; I Thence South 00 deg. 40 min. 43 sec. East along the east line of said Lot 4 a distance of 264.00 feet to a 1/2 inch iron rod found for the southeast corner of some, said point also being in the north line of said College Street; Themce South 89 deg. 32 min. 40 sec. West along the south line of said Lots 4 and 5, and the north line of said College Street a distance of 157.44 feet to the Place of Beginning and containing 41,354 square feet or 0.949 acres of land more or less. NOW THEREFORE, KNOW ALL MEN BY THESE PRESENT, THATPhillips Sales Inc. do hereby adopt this plat of Lot 4R, Block 31, Original Town of Grapevine, an addition to the City of Grapevine, Tarrant County, Texas, and do hereby dedicate to the public use forever the right —of —way and easements shown hereon. The easements shown hereon, are hereby reserved for the purposes as indicated. The Utility easements shall be open for all City or franchised public utilites for each particular use. The maintenance of paving on the easements are the resposibility of the property owner. No buildings or auxiliary structures shall be constructed, reconstructed, or placed upon, over, or across the easements as shown. Said easements being hereby reserved for the mutual use and accommodation of allpublic utilities using, or desireing to use same. Any City or franchised utility shall have the full right to remove and keep removed all or pats of any fences, trees, shrubs, or other improvements or growths which in any way endanger or interfere with the construction, maintenance, or efficiency of its respective system on the easements and all City or franchised utilities shall at all times have the full right of ingress and egress to and from and upon said easements for the purpose of constructing, reconstructing, inspecting, patrolligg, maintaining, and adding to or removing all or parts of its respective system without'the necessity at any time of procuring the permission of anyone. I have reviewed the City's findings concerning dedications and I do agree that the statements are true and correct. This plat approved subject to oil platting ordinances, rules, regulations and resolutions of (fie City of Grapevine, Texas. Witness my hand this the _____ -? 3 day MARYWCHLESS OWN STATE OF TEXAS �AT�� Ca�a6p0YiN�� COUNTY OF TARRANT ;BEFORE ASE, the undersigned Notary Public in and for sold county and state, on this day personally appeared known to me to be the person whose name.lq: . subscribed to the foregoing instrument and acknowledged to me that he /she executed the some for the purposes and consideration therein, expressed. Given under my hand and seal of office this the 13 3 _ _ day of FC-5 8114 -4 ' t 199KI �--MC f! � +ACS /TRC- TARRANT Doc: OZ0060953 Date: 03/12/1999 Vol: OOOOOOA Page: 04876 Page: 2 Of 2 MARY LOUISE GARCIA COUNTY CLERK CITY OF GRAPEVINE 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE /PUBLIC WORKS 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 6/11/2014 3:31 PM Instrument #: D214121793 OPR 7 PGS $36.00 l Y• D214121793 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.