HomeMy WebLinkAboutORD 1989-008 ORDINANCE NO. g9-08
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
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 G. M. BELL SURVEY, ABSTRACT NO.
234 AND THE WILLIAM DRISKELL SURVEY, ABSTRACT
NO. 405 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 "R-5. 0" ZERO LOT LINE
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
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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, protect-ion 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 G. M. Bell Survey, Abstract
No. 234 and the William Driskell Survey, Abstract No. 405, 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 "R-5. 0" Zero Lot Line
� 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 danqers; 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 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.
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Section 7 . That any person or corporation who shall violate
any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
�R�..� build or alter any building or use in violation of any detailed
statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more
than two thousand dollars ($2 , 000 . 00) , and each day such
violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises, or
part thereof, where anything in violation of this ordinance shall
be placed or shall exist, and any architect, builder, contractor,
agent, person, or corporation employed in connection therewith,
and who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and upon
conviction shall be fined as herein provided. The City of
Grapevine, likewise, shall have the power to enforce the
provisions of this ordinance through civil court action as
provided by state law.
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
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accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of Januarv � 1989.
APPROVED:
Mayor
ATTEST:
Ci Secretary
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APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 89-08
FIELD NOTES ,
BEING a tract of land situated it� the G. M. Bell Survey, Abstract
No. 234 and the William Driskill� Survey , Abstract No. 405 ,
Tarrant County, Texas , and being more particularly described as
follows :
COMMENCING at a found Texas Highway Department brass monument in
the east line of State Highway No. 121 , said brass monument being
�_« the southeast corner of a tract of land conveyed to the State of
Texas ' by Judgment from Henry S. Miller, Trustee, recorded in ,
Volume 5804 , Page 273 of the Deed Records of Tarrant County, ,
Texas; said brass monument also being appro�imately 417 feet east
of and 214 feet south of the northwest corner of the h'illiam
Driskill Survey according to Henry S. Miller Company deed
recorded in Volume 5033 , Page 987 , Deed� Records, Tarrant County,
Texas; _ �
THENCE N 88°04 ` 03" E, 493 . 00 feet .to the F'oint of Beginning; � .
THENCE N O1 ° 11 ' 48" W, 415 .33 feet to a found 5/8" iron rod for
corner;
THEIv'CE S 89 °57 ' 14 " E, 1 , 144 . 28 feet to a found 5/8" iron rod
for corner; ',
THENCE S 00 °19 ' 20" E, 37.5 .94 feet to a set 1/2" iron rod for
corner;
THENCE S 88°04 ' 03" W, 1 , 138.37 feet to the Point of Beginning .
� and containing 10.364 acres ( 451, 467 square feet ) of
land. - . _ .
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EXHIBIT "A" TO
ORDINANCE NO. 89-08
FIEi.D NOTES
E�Z"��: a tract o� land situated ir. the William Driskill Survey,
Abstract I�:: . 405 , Tarrant County , Texas , and being a part of the
foliow•�ng tra�ts of land : the James Fuller ?4 . 57y acre tract ,
recorded �n '�olume 774; , Page 792 , the James D. and Joy Fuller
tract , recorded in �'elume 786� , Page 2192 , and the Fuller-
,�„Schwartz Land F�artnership, recorded in Volume 7850 , Page 262 ,
Deed Records , Tarrant Count}� , Texas , and being more particularly
described as follows :
�"'BEGIPvNING at a set 1/2 " iron pin being at the northeast corner of
said James Fuller 24 . 574 acre tract , said iron pin being
approximately 2 , 048 feet east of and 159 feet south of the
northwesz corner of the William Driskill Survey;
THENCE S 00 ` 19 ' 20" E, 549 . 34 feet with an old fence line to a
set 1/2 " iron pin , said iron pin being the southeast
co�ner of said James Fuller 2; . 574 acre tract ; �
THENCE ti 8° °07 ' 29 " ti, 242 . 79 feet with an old fence line , to a
set ? /2 " iron �,in ;
T:�E:��E S Gy ° �7 ' 20" L��, 16v . 89 feet w•ith an old fence line to a
feund 5;fi" iron ➢in , said pin being the southeast
corner of said James Fuller 2; . 57� acre tract and .he
�or'heast corner of said Jarnes D. and Joy Fuller tract ;
TH�tiCE S 00`22 ' OS" E, 189 . 03 feet with and old fence line and
�ne east line of said James D, and Joy Fuller tract to
a set 1/2 " iron pin , said iron pin being on the
proposed south line of Hall-Johnson Road ( an 80-foot
ROY�' ) ;
TNENCE S F� °04 ' 03 " in with the proposed south line of Hall-
Johnson Road a distance of 908. 09 feet to a set 1/2 "
�,,�� iron pin , said iron pin being the beginning of a curve
to the right , having a central angle of 02 '30 ' S9" , a
radius of 540 . 00 feet , a tangent length of 11 . 86 feet ,
���� and whose long chord has a bearing of S 89 ° 19 ' 33" W,
and a distance of 23 . 72 feet ; '
THENCE along said curve with said south line an arc length of
23 . 72 feet to a set 1/2 " iron pin ;
THENCE I� 89 °24 ' S8" W with said south line a distance of 423 . 99
feet to a set 1/2 " iron pin , said iron pin being at the
intersection of the proposed south line of Hall-Johnson
Road and the east right-of-way line of State Highway
?�o . 121 ;
THE:�CE '� OC °08 ' 00" �ti, 80 . 01 feet with the east right-of-way
iine of State Highway No. 121 to a set 1/2 " iron pin,
sa;d ir�r, pin being at the intersection of the east
ric;,_-of-way l�ne of State Highway No . 121 and the
nert^ right-of-way line of proposed Hall-Jonnson Road ;
TH�;�CE S 8° °24 ' Sg" E, 429 . 99 feet with the north right-of-way
iine of proposed Hall-Johnson Road to a set 1/2 " iron
p�r , said iron pin being the beginning of a curve to
�he left , having a central angle of 00°05 ' 20" , a radius
of 460 . 00 feet , a tangent length of 0 . 36 feet , and
��:hose long chord has a bearing of S 89 °27 ' 38" E , and a
distance of 0 . 7 ; feet ;
� � THE^�CE alenc sazd curve w��;h the north right-of-way line of
p�opesed Hal�-Jchnsc>n Foad an arc length of 0 . 71 feet
to a set 1 /2 " iron pin ;
� THENCE '� 0� ° 06 ' 39 " k, 810 . 00 feet to a set 1/2 " iron pin , said
; rer. pin be�.na on the north , ine of said James Fuller
�-� . �,�; acre tract ;
� ,H�,�CE t: 8� °GY ' 03" E �ith said north line of James Fuller
�-; . �7-; acre tract. a di�tance of 1 , 183 . 75 feet to the
P.'�:':�� nF' EEGIt�tiING and conta;�ning 22 . 9796 acres
! _ , �'�OG , °92 square feet ) of !�and :�`_ tihich 2 . 4897 acres
' l ��c, , � 5i square �eet ; is in !the proposed Hall-Johnson
��„a: _ �;ht-of-way .
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