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Home My WebLink AboutORD 1985-002 ORDINANCE NO. 8 5-0 2 AN ORDINANCE AMENDING ORDINANCE N0. 82-73, THE COMPRII-�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, Z��S, SAME BEING ALSO KNOWN AS APPIIVDIX "D" OF THE CITY CODE OF GRAPEVINE, TF�A.S, GRANTING A ZONI�TG CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A �""' IpT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARRANT COUN'I'Y, TEXA.S, BEING A PA�I' OF THE J. B. FAY SURVEY, �,, ABS2�2ACT NO. 530, IN THE CITY OF GRAPEVINE, TEXA.S, MORE FUIZY AND COMPI�I�LY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A C�iANGE IN 'I'I� USE OF SAID PROPERTY FRUM "LI" LIGHT Il�IDUSTRIAL ZONING DISTRICT TO "CC" CONA'lUNITY CONIl�IERCIAL ZONING DISTRICT; CORRECrING TTHE OFFICIAL ZONING MAP; PRE- SERVING AI�L O'i� PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELI�TING TO SE�7ERABILITY; DETERMINING 'I'HAT THE PUBLIC rnrrExESTs, r��.s Arm c� w�� DII�IAND A ZONING CHANGE AND AMII�IDMENT �REIN MADE; PROVIDING A PENALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOTT,ARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DF�'�N�D CONIl�IITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II�II�1CY HIf�REAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning '� � Cammission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinances of the City of Grapevine, Te�as, and all the legal requir�ents, conditions and prerequisites having been ccxnplied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices require�nts, conditions and prerequisites having been camplied with; and, Wf�RE�, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follawing 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 inm�tiediately surrounding the site; safety fro�n fire hazards and m�easures 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 adec�uacy of width for traffic reasonably expected to be generated by the proposed use around the site and in the im�diate neighborhood, adequacy of parking as determined by require�ents 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 pramotion 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, � ViIHEREA.S, 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 possi.bly present in the securing of safety fram satn�e, the effect on the pramotion 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, ViiHERE1IS, 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, Wf�REAS, 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 amsndment, that the zoning changes do not unreasonably invade the rights of those who bought or improved � property with reference to the classifica.tion which existed at the titne their original investm�nt was made; and, �,,, Wf�REAS, 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 overcroweling of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, WI-iEREA.S, the City Council of the City of Grapevine, Te�s, has determined that there is a necessity and need for this change in zoning and has also found and deterniined 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 chanqe 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 con4nunity. NOW, TH�'ORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXP,S: Section I. That the City of Grapevine Ordinance No. 82-73, being the '� ` Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also l�awn 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 J. B. Fay Survey, Abstract No. 530, in the City of Grapevine, Tarrant County, Texas, more fully and campletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "LI" Light Industrial Zoning District is hereby changed to "CC" C�zity Camrercial Zoning District, all in accordance with Compre- hensive Zoning Ordinance No. 82-73, as an�nded. 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 descri.Ued shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all ather applicable and pertinent ordinance� 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, m�rals and the general welfare of the "� cc�munity. 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 fresn 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 require�nts, and to make adequate provisions for the normal business, commercial needs and develognent of the co�rnuiity. 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 ctmzulative 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 requirezrents thereof, or who shall build or alter any building or use in violation of any detailed statement or plan su�iitted and approved hereunder, shall be guilty of a misde�anor 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 exist shall constitute a separate offense. The awner or owners of any building or prc�nises, or part thereof, where anythi.ng 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 cammission 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 pawer 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 w�elfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the in�diate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcen and after the `" " date of its final pa.ssage, and it is accordingly so ordained. ;�,,, PASSID AND APPROVED by the City Council of the City of Grapevine, Texas on this the 15th day of January, 1985. APPROVID: � �� Mayor ATI�ST: w�� City Secretary APPROVED AS TO FORM AND LEGALITY: � � City Attorney EXHIBIT "A" , PAGE 1 TO ORDINANCE NO. g5-02 �. � � �w.r �- t;;, � , .. . . . _ . • - . _: � � Legal Description : - ._j --�. ' Situated in Tarrant County� Texas, and being a part of the J.S. Fay Survey . Abstract No. 530, more particularly described as follows: � �BEGINNING in the Northcasterly right of way line of the Arlington-Grapevine " . Road, Highway 157, same point Deing the Northeast corner of a parcel of land transferred from C.F. Miller and wife, Pcarl Miller to J.A. Burgass, recorded .S�ptember 23, 1947, Tarrant County, Texas; , TF�NCE South 35°23'46" Wast I32.66 feet with the Wast line of State Firry. Na.157; YHENCE North 7Z°59'S8" West 361.19 feet; fHEIdCE NOzth 89°39'71'°' Egst ��,$S'fe@t to' the point of beginning. ' Containing 0.52 acrea {22,�'�3 square feet) of land, more or less. � � . , ' Surveyor's Certificate �'°' 'I'() 'fHE LIBNNOLDGRS AND/OR THE OWNERS AND/OR PURCHASERS OF THE PRrMISE5 ' SURVBYBD AND TO TITLA CSCROW SERYICES, INC. : _ I hereby certify that on tho 3rd duy of October, 1984, this survey was made � ��n tho ground as per the field notes shown on this survay and is true, cor- rcct, and aecurato as to the boundarie�s and areas of the subject property _ dnd the sizo� location and typo of bulldings and ir�provemonts thereon, if a any, and �s to tlie othar ma[ters shown heroon, and correctly shows the loca-_ ticn of all visiblo caseraents c+nd rights-of-way nnd of all rights-of-way, �ase�tents, and nny othcr mattars of racord, or af which I Aave knowled�e or hnvn bo�n �+dvised, whothQr or not oF r�cord, affecting the subject property. dxcopt as �hown on the survey� thero are no encroachments upan the subject proparCy by improvemonts on adJscant proporty, there are no oncroachments on �dja�ent proporty, stroats, or alloys by any improvcments on tho subjecL pro- ,�erty and thor� arn no confliCts or proirusions. na�auac� ingross to and eRress from the subject property is provided by State thay. No. 157, samo being pavad, dedlcated pubiic riqht(s)-of-xay maintained by the Stata of T�xas. q12 roquired Uuiiding set back 111ias on tho subject property are locatad as +hoxn thnreon. ��P�s�� ,� , ��,, •.;\ f,,, �� ' ,� �.��t . +' in� .. �.., J��-T3:3`�'��r.�3�urvey'or'_` �..:.�;,i��<��;,.��:..�. ... „ � � � „ ..f x�s Rag. No. 546 � lU ..^'I �' r , , �.' (�rwr - / EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 85-02 r=' � � _ I Legal Description " 5ituated in Tarrant County, Texas, and being a part of the J.B. Fay Survey Abstract No. 530, more particularly described as folloxs: BEGINNING in tho Northeasterly right of way line of the Arlington-Grapevine Road, tiighway 157, sarne point being the Northeast corner of a parcel of land transferred from C.F. Alillcr and wiEe, Pearl btillar to J.A. Burgess, recorded September 23, 1947, Tarrant County, Texas; � TNENCE along thc ArlinRton-Grapevinc Road right of way South 35°l3'46"•NseL: J��.66 feet to a point for corner; for the beginning corner of the tract tn be described; ' THENCE continuing along the Arlington-Grapevine Road right of way South 35`23'46" West 201.14 feat to a point for corner; THENCB North 72°40'30" West 373.85 feet to a point for corner; THENCE North QO°03'1�" West 76.3 feet to a point for corner; ITWF.'�CE North 89`39'2S" East 7U.14 feet to a point for corner; THE:VCfi South 72`59'S8" cast 361.19 feet to the placc of be�inning; and boing �,�, a part of the one acre tract of land conveyed by John Morgan Bludworth a.id wife, Etta Atae Bludworth to H.A. Carman and wife, Maggie Fay Carman by leed dated February 16, 1959, filed for record in Book 3286, Page 611, Deed Ra- cored, Tarrant Counry, Texas. � � Gontaining 0.8631 acres or 37,598 sqttare feet. � � Surveyor's Certificate TO THE LIEN}IOLDERS AND/OR TIIE OWNF.RS AND/OR PURCHASERS OF TE� PREhtISES SURVEYED ' , ANll TQ 'fITLE ESCROW SERVICES, INC. : . � , I hereby certify that on the 3rd day of October, 1984, this survey was made on the ground as par the field notes shown on this survey and is true, cor- , rect, and accurate as to the boundaries and areas of the subject property and the size, location and type of bvil3ings and improvements thereon, if any, and as to the other mattess shown hereon, and correctly shows the IoCa- , tion of all visible easements and rights-of-way and of aLl riRhts-ofyrrsy, ' easements, and any other matters of record, or of which I have knowladge oi have been advised, whether or not of record, affecting the subject property. Except as shown on �he survey, there are no encroac}unents upon the subject property by improvements on adjacent property. thara are no encroachmont� on adjacent property, streets, or alleys by any improvements on the subjact proper- ty and there are no conflicts or protrusions. _ Adequate ingress to and egress from the subject proporty is provided by SLate Hwy. No. 151, samo being paved, dedicated pubiic right(s)-of-way n�aintained . by the 5tate of Texas. i �All required building set back lines on the subjecy-�operty are located as shoxn thereon. .�� ^r `�a � .%' � ` '•"�`1 , �'r � "�'�.'. ....{L�ti � .+/,r„� „��i,<. << ::: ' �. 7� ,��-�i. .......... .. l egist�re�F�u61ic SU vr cyor . • .� .'f, �wrr Texas Reg. �o. �46 .� - EXHIBIT "A" , PAGE 3 TO ORDINANCE NO. $5-02 �_' �"�" � LF.GAL DESCRIPTION .4LL that certain tract or parcel of land out of the J.B. Fay Survey, Abstract No. 530 in Granevine, Tarrant County, Texas and bcing more particularly described as follows: ! BEGINNING at an iron pin in the Northwesterly line of Highway No. 157 and being South 36 deg. 12 min. West 233.8 ft. from the Northeast corner of a tract of land conveyed by deed dated September 16, 1947, from C.F. Miller and wife, Pearl Miller, to J.A. Burgess, recorded in Volume 1940, Page 448, Deed Records of Tarrant County, Texas; THENCE South 35°23'46" {Uest 183.7 feet with the Northwesterly line of . State Hwy. No. 157; THENCE North 62°54'26" West 281.22 feet to an iron pin; THENCE North 00°03'17" West 133.00 feet; THENCE South 72°40'30" East 373.85 feet to the point of beginning. �m� ' Containing 1.1314 acres or 49,285 square feet. � SURVEYOR'S CERTIFICATE TO THE LIENHOLDERS AND/OR THE 019NERS AND/OR PURCHASERS OF THE PREMISES SURVEYED AND TO TITLE ESCROW SERVICES, INC. : I I hereby certify that on the 27th day of Jul , 1984, this survey was made on the ground as per the—�d notes �n on this survey and is true, correct, and accurate as to the boundaries and areas of the sub- ject property and the size, location and type of buildings and improve- ments thereon, if any, and as to the other matters shown hei•con, and correctly shows the location of all visible easements and rights-of- way and of all rights-of-way, easements, and any other matters of re- cord, or of which I have knowledge or have been advised, whether or not of record, affecting the subject property. Except as shown on the survey, there are no encroachments upon the sub- � ject property by improvements on adjacent property, there are no en- croachments on adjacent property, streets, or alleys by any improve- ments on the subject property and there are no conflicts or protrusions. Adequate ingress to and egress from the subject property is provided by I State Hwy. No. 157, same being paved, dedicated public right(s) -oE-way maintained by State of Texas. All required building set back lines on the subject property are located as sho thereon. C, '�, ,�P��'�F;rqs � ,�� •.« Re�istere Pu c Surveyor ��JOHN.R�BALL.JR. • e as Reg. No. 546 �,o: 546 � ,�� Ge'4f�ISTE�.�O'10 �11wn' �� g U PJ�