HomeMy WebLinkAboutORD 1990-008 ORDINANCE NO. 90-08
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 A ZONING CHANGE ON
�. r A TRACT OF LAND DESCRIBED AS BEING A LOT,
TRACT, OR PARCEL OF LAND LYING AND BEING
SITUATED IN TARRANT COUNTY, TEXAS, BEING A
PART OF THE FRANKLIN WOOD SURVEY, ABSTRACT
�""� NO. 1688 AND THE JOHN L. WHITMAN SURVEY,
ABSTRACT NO. 1593 , IN THE CITY OF GRAPEVINE,
TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN
THE BODY OF THIS ORDINANCE; ORDERING A CHANGE
IN THE USE OF SAID PROPERTY FROM "PUD" PLANNED
UNIT DEVELOPMENT AND "R-5 . 0" SINGLE-FAMILY
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 overcrowding of the land, the
effect on the concentration of population, 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, 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,
WHEREAS, the City Council of the City of Grapevine, Texas,
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 in that the use of the following described property,
to-wit:
Being a tract of land out of the Frankling Wood Survey,
Abstract No. 1688 and the John L. Whitman Survey, Abstract
No. 1593, in the City of Grapevine, Tarrant County, Texas, more
fully and completely described in Exhibit "A" , attached hereto and
made a part hereof, which was previously zoned "PUD" Planned Unit
Development and "R-5 . 0" Single-Family 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 . 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 ordinance 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 gublic 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 it�
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 which 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 zoning ordinance 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 16th day of Januar� , 1990 .
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM AND LEGALITY:
��
John F. Boyle, Jr.
City Attorney
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EXHIBIT "A" , PAGE 1 OF 3
TO ORDINANCE NO. 90-08
Z89-a�B
LEOA� DESCRIPTION
eeing a 80.0143 acre tract of lahd in the Franklin Wood ��u�rvey,
Abstract No. 1688 and the John L. Whitman Survey, Abstrac�t No.
" t593, situated in the City of Qrapevine, Tarrant County. �exas,
and being a portion of that certain tract of land as described in
deed to Joe L. Wright Trustee as recorded in Volume 7515y Page
�� 1172 of the deed Records of Tarrant County, Texas and betng �more
particularly described as follows:
BE�INNIN� at a 5/8" iron pin found at the northeast con�er of
Canterbury Village, an addition to the City of. arapev�x�� as
recorded in Volume 388-50, Page 71 of ,the Plat Records of T�arrant
County, Texas; �
THENCE N 89°49'28" W along the north line of said Cante�-bury
Village, 1 , 295.90 feet to a 5/8" iron pin found at the nortfi�vest
corner of said Canterbury Village and being the northeast c�orner
of that certain tract of land as described in deed tv A. E.
Harwell as recorded in Valume 4482, Page 967 ;
� THENCE N 89°46' 15" W along the north line of said Harwell tract,
506.80 feet to a 1/2" iron pin found at the northeast cor�er of
that certain tract of land as described in deed to W. T. Harwell
as recorded in Volume 1756, Page 437 of the Deed Records of
Tarrent County, Texas;
THENCE N 89°58' 28" W along the north line of said W. T. Harwell
tract and the north line of that certain tract of land as
�` �' described in deed to Tommie Hamm as recorded in Volume 2669, Page
113 of the Deed Records of Tarrant County, Texas 850. 77 feet to a
�:.� 3/e" iron pin found in the east right-of-way line of Kimbali Road
(50' Right-Of-Way) ; '
THENCE N 00°04'58" W elong said east right-of-way line, 770.87
feet to a 1/2" iron pin found at the southwest corner of the (3.
U. Pickering Park as described in deed to the City of arapevine
as recorded in Volume 6244, Page 75 of the Deed Records of
Tarrant County, Texas;
THENCE S 89°59'07" E along the south line of said Park, 833.77
feet to a 3/8" iron pin found;
THENCE N 00°03' 10" W along the east line of said Park, 475.06
feet to a 1/2" iron pin set in the south line of Trail Lake, an
addition to the City of Orapevine as fecorded� in Volume 388-133,
Page 95 of the Plat Records of Terrant County, Texas;
THENCE S 89°37 '31 " E along the sauth line of said Trail Leke
Addition, 1 ,335.94 -feet to a 1/2" iron pih set; " • ,
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EXHIBTI "A" , PAGE 2 OF 3
TO ORDINANCE NO. 90-08
TNENCE N 00°07 ' 25" W along the east line of Block 8 of said Trail
Lake Addition, 496.82 feet to a 1/2" iron pin set;
THENCE N 89°49' 54" E at 28.82 feet passing an iron pipe at the ,:-,.�
southwest corner of Kimberly Estates Addition, an addition to the
City of c3rapevine as recorded in Volume 388-128, Page 62 of the
Plat Records of Tarrant County, Texas and continuing elong the
south line of said Kimberly Estates Addition, in all 1 ,346.02 � `�
feet to a 1/2" iron pin set at the southeast corner of Kimberly
Estates Phase II , an addition to the City of Orapevine as
recorded in Volume 388-142, Page 6 of the Plat Records of Tarrant
County, Texas;
THENCE N 00° 19 ' 20" E along the east li�ne of said Kimberly Estates
Phase II , 923. 11 feet to a 1/2 iron pin found in the south
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right-of-way line of Kimball Road (50' Right-Of-Way) ;
THENCE N 89°59' 54" E along said south right-of-way line, 135.00
feet to the west right-of-way line of Silvercrest Parkway (80'
Right-Of-Way) ; -
THENCE along the west right-of-way line of said Silvercrest
Parkway the following bearings and distances:
THENCE S 00 19 20 W, 612 . 10 feet to a 1/2" iron pin at the POINT
OF CURVATURE of a„circular curve concave to the northwest having
a central angle of 87°52' 03" and a radius of 660.00 feet;
THENCE along said curve in a southwesterly direction 781 . 78 feet
to a 1/2" iron pin at the POINT OF. TANOENCY;
THENCE S 68 11 24 W, 138. 15 feet to a 1/2" iron pin at the POINT ° �
o , ..
OF CURVATURE of a circular curve concave to the southeast having
a central angle of 30°00'00" and A radius of 640.00 feet;
THENCE along said curve in a southwesterly direction 335. 10 feet
to a 1/2" iron pin at the POINT OF TANOENCY;
THENCE S 38 11 24 W, 150.00 feet to � 1/2" iron pin at the POINT
o r ��
OF CURVATURE of a circular curve concave to the southeast having
a central angle of 62°00'00" ahd a radius of 640.00 feet;
THENCE along said curve in a southerly direction, 692.55 feet to
a 1/2" iron pin at the POINT OF 7ANQENCY;
THENCE S 23°48' 36" E, 463.83 feet to the POINT OF bEDINNIN� and
continuing 3,485,423 square feet or 80.0143 acres of land, save
and except a 0. 1357 acre tract of lahd contained within the
right-of-way of Kimberly Drive (50' Right-Of-Way) , further
described as follows: BE�INNIN(3 at A 1/2" iron pin foultd in 'the
east line of Kimberly Estates Phase II , an addition to the City
of Grapevine as recorded in Volume 388-142, Page 6 of the Plat
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EXHIBIT "A" , PAGE 3 OF 3
TO ORDINANCE NO. 90-08
Records of Tarrant County, Texas and being in the north righ�-of-
way line of existing Kimberly Drive; THENCE N 89° 48'54" E,
104.43 feet to a 1/2" iron pin; THENCE N 51°29'47" E, 23.65 feet
,�_.., to a 1/2" iron pin in the west right-of-way line of Silvercrest
Lane (SO'Right-Of-Way) and being the POINT OF CURVATURE of a
circular curve concave to the west having a central angle of 07°
06'01 " , a radius of 660.00 feet and a chord bearing of S 14
� 52'46" W; THENCE along said curve in a southwesterly direction
81 . 79 feet to a 1/2" iron pin; THENCE N 38°04' 21 " W, 18.08 feet
to a 1 /2" iron pin; THENCE S 89°48' 54 W, 91 .08 feet to a 1/2"
iron pin at the northeast corner "of Lot 11 , Block 5 of said
Kimberly Estates Phase II ; THENCE N 00° 19' 20" E, :�50.00 feet to
the POINT OF BEGINNING and containing b ,909 square feet or 0. 1357
acres leaving a net acreage of 3,479,512 square feet or 79.8786
acres of land.
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