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HomeMy WebLinkAboutORD 1974-008 ORDINANCE NO . 74-8 AN ORDINANCE AMENDING ORDINANCE N0 . 70-10, THE COMPREHENSIVE ZO NING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS TITLE ,,�. 10 OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE 0 N THREE TRACTS OF LAND IN THE J. S. BYRD SURVEY, ABSTRACT N0 . 207, AND THE W. D. � SHEPHERD SURVEY , ABSTRACT N0 . 1394, 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: TRACTS B AND C - FROM "R-3" MULTI-FAM- ILY OISTRICT TO "R-1 " SINGLE-FAMILY DISTRICT ; TRACT D - FFiOM "R-1 " SINGLE-FAMILY DISTfiICT TO "R-3" MULTI-FAMILY DISTRICT ; CORRECTING THE OFFI- CIAL ZONING MAP ; PRESEFiVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PFiOVIDING A SEVEFIABILITY .� ` CLAUSE; DETERMINING THAT THE PUBLIC INTEREST , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE � ANO AMENDMENT HEREIN MADE; PROVIDING A PENALTY ; AND DECLAR ING AN EMERGENCY. � � �, � WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for sa.me with the Planning and 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 pre-requisites havi.ng been complied with, the case having come be�ore the City Council of the City of Grapevine, Texas, af£er all legal notices, require- �� � ments, conditions and pre-requisites 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 .fhe following factors in making a determi.nation as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrains 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 loading 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 over-crowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other public facil�ties; and, WHEREAS, the City Council of the City of Gxapevine, Texas , at a public hearing called by the City Council of the City of Grapevine, Texas , did consider the following factors iri 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 over-crowding of the land, the effect on the concentration on 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 amend- ment, that the zoning changes do not unreasonably invade the rights of those who bought or improved propeZty with reference to the classification which existed at the time their original investment was made; and, ._�� WHERE,AS, the City Council of the City of Grapevine, Texas , does find that the change in zoning �f4Y� 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 over-crowd.ing of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and ather 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 zonin g 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 oest interest of the public at large, the citizens of the City of Grapevine, Texas, and helps �~�w promote the general health, safety and welfare of this community; NOW, THEREFORE, � �,�.� BE IT ORDAINEO BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : SECTION 1 . That the City of Grapevine Ordinance No . 70-10, being the Comprehensive Zoning Ordinance o� the City of Grapevine, Texas, same being also known as Title 10 of the City Code of Grapevine , Texas , be , and the same is hereby amended and changed in that the use of the �ol- ,� lowing described property, to-wit: � TRACT B : � A part of the J. S. Byrd Survey, Abstract No . �,,. 207, situated at the City of Grapevine , Tarrant County , Texas, and embracing a portion o� the 149-99/100 acres tract described in the deed to Grapevine-157 Corporation recorded in volume 5324, page 454 of the Tarrant County Deed Records. COMMENCE at the Northeast corner o� said Byrd Survey and the Southeast corner of the W. D. Shepherd Survey, Abstract No. 1394 and being in the East line o� said 149-99/100 acres tract and then run South, along the East line o� said Byrd Survey and the East line of said 149-99/100 acres tract, a distance o� 236-1 /10 �eet to a 5/8 inch iron on the East side o� a corner post for the Northeast and beginning corner of the tract being described and said 5/8 inch iron being the Northeast corner of the 48-879/1000 acres tract described in the deed to Grapevine- 157 Corporation recorded in volume 5324, page 461 of said Deed Records. THENCE continuing along the East line o� said r�,� Byrd Survey and the East line of said 149-99/100 , acres tract, South ho degrees-00'/z minutes East 410 �eet to an iron [1 inch) in the North line � o� a 60 �eet wide street right-of-way described � in the deed to the City of Grapevine recorded in volume 5228, page 6 0� said Deed Records. THENCE West, along the North line of said 60 feet wide street right-of-way, 340 feet to a [1 inch] iron. THENCE North no degrees-00% minutes West, at 200 �eet pass a 5/8 inch iron and in all 410 feet to a [1 inch) iron. THENCE East, at 99-5/10 feet pass a 5/8 inch iron and in all 340 �eet to the PLACE OF BEGIN- NING and containing 3-2/10 acres. wl-iich is presently zoned "R-3" Multi-Family District is changed to "R-1" Single-Family District. TRACT C : A part o� tl-ie J. S. Byrd Survey, Abstract No. 207, situated at the City of Grapevine, Tarrant ..�., County , Texas, and embracing a portion o� the "" 94-747/1000 acres tract described in the deed to Grapevine-157 Corporation recorded in volume � 5324, page 468 of' tl-ie Tarrant County Deed Records. � COMMENCE at a [1 inch] iron for the most northerly Northwest corner of said 94-747/1000 acres tract and the Northeast corner o� Tract 2, defined in the deed to the Grapevine Independent School District recorded in volume 4474, page 994 of said Deed Records, and said [1 inch] iron being in the South line of County Road No . 3030, and then run South 89 degrees-55 minutes East, along the North line of said 94-747/1000 acres tract and the South line of said County Road No . 3030 a distance o� 230 �eet to the center line of a 60 feet wide street right-o�-way defined in the deed to the City o� Grapevine recorded in volume 5228, page 6 of said Deed Records and then run °�" , along said center line of the 60 feet wide street: ! South 207-78/100 Feet to tl-ie beginning o� a curve � to tl-�e rigl-it with a radius o� 8486-96/100 feet, � and then along said curve to the right 399-93/100 � �eet to its end, and theh South 2 degrees- 42 minutes West 50 feet to tl-ie beginning of a curve to the left with a radius o� 8486-96/100 feet and tl-ien along said curve to tl-ie left 399-93/100 feet to its end, and then South 660-4/10 feet and then run East 30 �eet to a [1 inch] iron in the East line of said 60 �eet wide street, then run along the East line of the said 60 �eet wide street; South 139-85/100 �eet to a 5/8 inch iron at the beginning of a curve to the le�t with a radius o� 770-27/100 �eet, and then along said curve to the left at 360-15/100 feet pass a [1 inch) iron and in all 759-53/100 �eet to a 5/8 inch iron at its end, tl-ien run Soutl� 56 degrees-30 minutes East, along the Northeasterly right-of-way line o� said street at 8-92/100 feet pass a (1 inch] iron and in all 715-12/100 feet to a [1 inch) iron in a creek for the Southwest and beginning corner o� the tract being described. THENCE North 3 degrees-30 minutes West, along a � line for the middle of a creek 18-6/10 feet to a ['1 , inch� iron. THENCE East 441-3/10 f eet to a [1 inch] iron in �' the East line of said 94-747/1000 acres tract and � the West line of the �49-99/100 acres tract des- cribed in the deed to Grapevine-157 Corporation recorded in volume 5324, p�age 454 o� said Deed Records. THENCE South , along the East line o� said 94-747/ 1000 acres tract and the West line of said 149-99/ 100 acres tract, 309-9/10 feet to a [1 inch] iron in the Northeasterly right-of-way line o� said 60 feet wide street right-of-way. THENCE North 56 degrees-30 minutes West, along the Northeasterly right-o�-way line of said street, 527-8/10 f eet to the PLACE OF BEGINNING and con- taining 1 -659/1000 acres. which is presently zoned "R-3" Multi-Family District is changed to "R-1 " Single-Family District. TRACT D: ...,,,, Part o� the W. D. Shepherd Survey , Abstract No. 1394 �" and a part of the J. S. Byrd Survey , Abstract No. 207 at the City of Grapevine in Tarrant County, Texas � and embracing a portion of the 94-747/1000 acres � tract described in the deed to Grapevine 157 Cor- poration recorded in volume 5324, page 468 0� the Tarrant County Deed Records. COMMENCE at a 1 inch iron for the most Northerly Northwest corner of said 94-747/1000 acres tract and the Northeast corner o� Tract 2, de�'ined in the deed to the Grapevine Independent School Dis- trict recorded in volum 4474, page 994 of said Deed Records , and said 1 inch iron being in the South line of County Road No. 3030, and then run South 88 degrees-55 minutes East, along the North line o� said 94-747/1000 acres tract and the South line o� said County Road No . 3030 a distance of 230 feet to the center line o� a 60 feet wide street right-of-way de�ined in the deed to the City of Grapevine recorded in volume 5228 , page �., 6 0� said Deed Records and then run along said ry center line of the 60 f eet wide street; South 2D7-78/100 f eet to the beginning o� a curve to � � the right with a radius of 8486-96/100 �eet; and then along said curve to the right 399-93/100 feet to its end, and than South 2 degrees-42 minutes West 50 feet to the beginning of a curve to the lef t with a radius of 8486-96/100 feet and then along said curve to the lef t 399-93/100 �eet to its end, and tl-ien Soutl-i 660-4/10 �eet and tl-ien run East 30 feet to a 1 inch iron in the East line o� said 60 �eet wide street; South 13J-85/100 �eet to a 5/8 inch iron at the beginning o� a curve to the lef t with a radius of 770-27/100 �eet, and then along said curve to the lef t at 360-15/100 feet pass a 1 inch iron and in all 759-53/100 �eet to a 5/8 inch iron at its end, then run Soutl-i 56 degrees-30 minutes East 8-92/100 feet to a 1 inch iron for the Westerly and beginning corner of the tract being described: THENCE Nortl-i 72 degrees-39 minutes East, at 575 feet pass a � inch iron and in all 643-2/10 �eet to a point �or corner in a line �or the middle of a creek; THENCE along said line for the middle of a creek : � South 29 degrees-50 minutes East 16 feet; South 47 degrees-25 minutes East 30 �eet; South 75 degrees- 55 minutes East 30 feet; South 20 degrees-37 min- utes East 31-2/10 feet; South 40 degrees-30 minutes � West 65 feet; South 16 degrees-30 minutes West 45 �eet; THENCE South 35 degrees-50 minutes West, along a line �or proposed middle of a creek, 78 feet to a point in the line for the middle of a creek; THENCE along said line �or the middle of a creek : South 47 degrees-30 minutes West 15 �eet; South 16 degrees-15 minutes East 45 �eet; South 17 degrees- 10 minutes West 35 feet; South 7 degrees West 55 �eet; South 10 degrees West 70 feet; South 45 degrees- 12 minutes East 36-4/10 �eet; South 3 degrees-30 minutes East at 100-7/10 feet pass a 1 inch iron and in all 119-3/10 �eet to a 1 inch iron in the Nortl-ieasterly right-of-way line o� said 60 feet wide street right-of-way; THENCE North 56 degrees-30 minutes West, along the Northeasterly line o� said 60 feet wide street rigl-it-o�-way , 706-2/10 �eet to tl-ie PLACE OF BEGIN- NING and containing 4-026/1000 acres o� wl-iicl-i 2- 916/1000 acres are witl-iin said SI-iepl-ierd Survey ,�, and 1-11 /100 acres are witl-iin said Byrd Survey. r which is presently zoned "R-1 " Single-Family District is changed to "R-3" Multi-Family District. � 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. -�,n�.� SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the �, comprehensive plant 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 re,�.sonably 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 over-crowding of land, to �►void undue concentration of population; facilitate the adequate provisions of trans- portation, 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 throughou,t 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 instanaes 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, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine, Texas. SECTION 8. The fact that the present zoning ordinance !�" and regulations of the City of Grapevine , Texas, are , inadequate to properly $afeguard the health, safety, F' 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, as provided by the Charter of the City of Grapevine, Texas, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , this the � gth day of March , 1974. � i�� MAYOR �„ ATTEST : . CITY SECRETARY APPROVED AS TO FORM AND LEGALITY : -� CITY ATTORNEY � i i� 3 � � -�... Y� �Irr°