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HomeMy WebLinkAboutORD 1987-013 ORDINANCE Np. 87-13 AN ORDINANCE AN�TDING ORDINANCE NO. 82-73, THE COMPREHII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KNOWN AS APPENDIX "D" OF Tf� CITY CODE OF GE2�PEVINE, TEXAS, GRANI'ING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A � I,OT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARRANI' COUNTY, TEXAS, BEING A PART OF THE A. FOSTE�2 SURVEY, ABSTRACT NO. 518, IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPI�EI�LY DESCRIBED IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CN" NEIGHBORHOOD COMNIERCIAL ZONING DIS- TRICP TO "CC" CONIlKCJNITY COPM4ERCIAL ZONING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING Ai� OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A (�AUSE REL�ATING TO SEVER�IBILITY; DE'I�RMINING THAT THE PUBLIC INTERESTS, MORALS AND GENIIZAL WII�FARE DEMAND A ZONING CHANGE AND AMII�1D- MIIVT THEREIN MADE; PROVIDING A PENALTY NOT TO EXC.EID THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEENIED COAM4ITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS Wf�REAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Comnission of the City of Grapevine, Texas, as required by State statutes and �`k�� the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and prereguisites 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, WI�REAS, 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 chanqes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area inmlediately 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 imnediate 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, WF-IEREAS, 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 pranotion 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, _ _ _ __ WHERE',AS, 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, WHERF,AS, 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 investinent 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, Wf�REAS, 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 comnunity. NOW, 'I�IEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the "�ym 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 A. Foster Survey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, more fully and ccxnpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CN" Neighborhood Conanercial Zoning District to "CC" C�r munity Comnercial Zoning District, all in accordance with Co�rehensive 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 promotinq health, safety, �rals 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 frcgn fixe, 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 develognent of the co�nunity. 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 co�anunity. Section 5. This ordinance shall be ctunulative 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. 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 requiremerits thereof, or who shall build or alter any building or use in violation of any detailed statement or plan sulmitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to �ist shall constitute a separate offense. The owner or owners of any building or preznises, 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. PASSID AND APPROVED BY THE CITY COUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS on first reading on this the 17th day of Februarv , 1987. PASSID AND APPROVED BY TF� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS � � on second reading on this the 3rd day of M arc h , 1987. �� APPROVID: Mayor ATTEST: Ci Secretary APPROVED AS 'PO FORM AND LEGALITY: �,c�ri�, � � City Attorney � EXHIBIT "A" , PAGE 1 TO ORDINANCE N0 . 87-13 �,�, PROPOSED LOT 1, DLOCK 1 � � TATE STREET PLAZA • �: • � GRAPEVINE, TARRANT COUNTY, TEXAS : • •- ' � • . � . • The following described tract or parcel of land being proposed , �� • . Lot 1, Block l, TATE S7REET PLAZA, an addition to the City of ' Grapevine, Trrrant County, Texas and being situated in the -- • � � . A, Foster Survey, A-518, Tarrant County, Texas and being more : ` , • particularly described as follows: ' t • ' ( - . - . � BEGINNING at an iron rod being N 0° 28' 05" E a distance of . _, . - � • - � •• 732.73 feet and N 0° 29' 35" E a distance of 7.1 feet from - ' � the Northeast corner of Lot l, Block 1, U.S. POSTAL SERVICE � � � AODITION, to the City of Grapevine, Tarrant County, Texas � : _, , - • . according to piat recorded on Page 64 of Volume 388-166 in the i . . 7arrant County Plat Records and also being in the West right-of-way - ' ' � line of Ball Street; • ' - ' . � . -•� • � THENCE N 89° 31' S5" W a distance of 81 .91 feet to an iron rod; i . � � THENCE N 54° 32' 30" W a distance of 105.05 feet to an iron � " �' rod and being on a curve having a radius fq 663.87 feet and � being in the East line of F.M. Highway No. 157 (Vlilliam D. Tate �� _ • Avenue); ' � • THENCE Northeasterly along said curve a distance of 56.47 feet � to an iron rod; ' :. • THENCE N 32° 52' 20" E along the East line of said F.M. Highway � '�` " P:o. 157 (4lilliam D. Tate Avenue) a distance of 31 .46 feet to an i iron rod at the beginning of a curve to the left having a radius : � . of 348.7Z feet; ( �' - v�,,� • . ' � THENCE Northeasterly along said curve and along the East line � . . ' of said F.M. Highway No. 157 (William D. Tate Avenue) a distance �:• _ . � . of 61.92 feet to an iron rod; �"�. • . THENCE N 35° 27' 30" E along the East line of said F.M..Highway � ' . PJo. 157 (William D. Tate Avenue) a distance of 36.46 feet; � ' ' THENCE N 73° 20' 10" E along the East line of said F.M. Highway • . No. 157 (William D. Tate Avenue) a distance of 7.42 feet to an ' iron rod at the intersection of the East line of said F.M. Nighway • • • � Plo. 157 (William D. Tate Avenue) with the South line of said Qall � � Street; - . ' THEPICE 5 56° 10' 25" E along the South line of said Ball Street • • a distance of 25.81 feet to an iron rod; THEP�CE S 19° 54' 20" E along the South line of said Ball Street a distance of 5.23 feet to an iron rod at the intersection of the South line of said Ball Street with the West line of said • Ball Street; TIIEPICE S 0° 29' 35" W along the West line of said Ball Street a distance of 240.3 feet to place of beginning, containing 0.603 acre or 26,252 square feet of land. �,� ' � EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 87-13 , � _. ,,,;,,:.. PROPOSED LOT 2, BLOCK 1 ,�, �, TATE STREET PLAZA GRAPEVINE, TARRANT COUP�TY, TEXAS -•�o ;olloti•,ing described tract or parcel of land being proposed '. ,: 2, Block 1 , TATE STREET PLAZA, an addition to the City of ;r-��oevine, Tarrant County, Texas and being situated in the ',, Foster Survey, A-518, Tarrant County, Texas and being more :-,:r-ticularly described as follows: �EGIiJ�VIt�aG i n the �Jest ri ght-of-way 1 i ne of Bal l Street and bei ng :1 0° 28' 05" E a distance of 633.83 feet from the Northeast corner of Lot 1 , Block 1 , U.S. POSTAL SERVICE ADOITION, to the City of ; Grapevine, Tarrant County, Texas according to plat recorded on Page 64 of Volume 388-166 in. the Tarrant County Plat Records; THENCE N 89° 31 ' 55" W a distance of 145.68 feet to an iron rod; THENCE N 54° 32' 30" W a distance of 113.81 feet to an iron rod . nd bein in the East line of F.M. Hi hway No. 157 (William D. Tate ,�- a 9 9 Avenue) ; +�°=�- THENCE N 35° 32' 30" E along the East line of said F.M. Highway . � No. 157 (William D. Tate Avenue) a distance of 106.28 feet to an iron rod at the beginning of a curve to the right having a radius of 663.87 feet; , THENCE Northeasterly along said curve and along the East line of said F.M. Highway Plo. 157 (William D. Tate Avenue) a distance of 17.13 feet to an iron rr�d; THE�dCE S 54° 32' 30" E a distarice_ of 105.05 feet to an iron rod; � THENCE S 89° 31 ' S5" E a distance of 81 ,91 feet to an iron rod in the tJest right-of-way line of said Ball Street; TiiENCE S 0° 29' 35" W along the West right-of-way line of said Ball Street a distance of 7.1 feet to an iron rod; THENCE S 0° 28' 05" 41 along the West right-of-way line of said Ball Street a distance of 98.9 feet to place of beginning , containing 0.587 acre or 25,579 square feet of land. ,�,.,�, � � EXHIBIT "A" , PAGE 3 TO ORDINANCE NO . 87-13 , . � � PROPOSED LOT 3, BLOCK 1 . - -- TATE STREET PLAZA �, GRAPEVINE. TARRANT COUNTY, TEXAS The following described tract or parcel of land being proposed Lot 3, Block 1 , TATE STREET PLAZA, an addition to the City of �- Grapevine, Tarrant County, Texas and being situated in the A. Foster Survey, A-518, Tarrant County, Texas and being more particularly described as follo�vs: BEGINNIfJG at an iron rod at the Northeast corner of Lot 1 , Block 1 , U.S. POSTAL SERVICE.ADDITION, to the City of Grapevine, Tarrant County, Texas according to plat recorded on Page 64 of Volume 388-166 in the Tarrant County Plat Records and being in the 4lest right-of-4ray line of Ball Street; THENCE N 89° 32' 35" 4J a distance of 116.3 feet to an iron rod; THENCE N 51 ° OZ' 05" 4J a distance of 502.29 feet to an iron rod at the Northwest corner of said Lot 1 , Block 1 , said U.S. POSTAL SERVICE ADDITION and being in the East line of F.M. High�ray �' No. 157 (William D. Tate Avenue) ; �, THENCE PJ 35° 27' 30" E al ong the East 1 i ne of sai d F.��I. Hi ghway No. 157 (6Jilliam D. Tate Avenue) a distance of 471 .71 feet to an iron rod; THENCE S 54° 32' 30" E a distance of 113.81 feet to an iron rod; THEP�CE S 89° 31 ' S5" E a distance of 145 .68 feet and being in . the West right-of-��ay line of said Ball Street; THE�ICE S 0° 28' 05" lJ along the�West right-of-way line of said Ball Street a distance of 633.�3 feet to place of beginning, containin9 4.787 acres or 229,86Z square feet of land. � = . �