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HomeMy WebLinkAboutORD 1973-004 ORDTNANCE NO. ��_4 AN ORDINANCE AMENDING ORDINANCE NO. 70-I0, THE COMPREHENSIVE ZC7iti LI�G ORDINAi�TC;� UF THE . �- , � i CITY OF GRAPEVINE, TEXAS, GRANTI�11G .P, Li:)NING �:.� CHANGE ON A TRACT OF :�AND WHIuI� la WTT���� THE CITY OF GRAPEVINE;, T:�XAS, AND MOR�, ��LLY DESCRIBED HEREIl�1; ORDERING A CHANGE IN T'�IE USE OF SAID PROPERTY FROM R-1 TO "pD" pLANNED DEVELfJPMENT DISTRICT; R�QUIRING A SUBDIVISION PLAT; CORRECTTNG THE OFFICLAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDTNG A SEVERABtLITY CLAUSE DETERMINING THAT THE PUBLIC INTEREST, MORALS � AND GENERAL WELFARE DEMAND A ZON�.'VG CHANGE AND AN�ENDMENT HEREIN MA DE; PROVIDIN� A PENALTY; AND DECLARING AN EMERGENCY. � . 1 { I ' Wi-��REAS, applications were made �o amend the Official � ZoninY Ma Cit of Gra evin� Texas b m.akin� a licatians for same with b P, Y P � , Y b P� � the PldnnintY and Zoning Cammission af ��.e C�r af �ra evine Te�as, as � � Y P , I � required by state starutes and rhe zoning ardinaz ce o� the City of �rapevine,., � Tea.as, and alI the Iegal requirements, conditions and pre-requisizes having s heen complied with, rhe case having come before the C:�y Cauncil of the City �,:� a: Grapevine, Texas, afrer all legal na�ices, requirements, conditions and pre-requisit�s havin� been complied with; and, ViTHEREAS, the City Council o� the Czty of �rapevine, Texas, at a publie hearin� call�d by the City Council did eonsider the followin� factozs in making a determination as to whether th�se requested changes should be �ranted or d�nied; safety of the mataring public and rhe pedestrians using the faczlities in the area z.mmediately surrounding �he sites; safety from fire hazards and measures for fire conrro3, protection of acijacenr property from flood or water damages, noise prt�ducirg elements and glare af the vehicular � M and stationary lights and effect af such iights on established character of the neigh�orhood, Iocation, lzghting and types of signs and relation of signs ta rraific control and adjacent property, s�reet size and adequacy of width fc�r trafric reasanably e�ected to be generated by the propased use around the site and in rhe immediate neighborhood, adequacy af parking as determined by re�uzrements af this ordinance far aff-street parking facilities, lacation of ingress and egress points far parking and off-stree� laadi.ng spaces, and protection of publ,ic health hy surfacing on alI parking areas ta control dust, effect on the promotion af heal.th and the general weifare, ef;ect on l;ght and air, .�-.e effcct on the aver-crowdin�; of the land, the effect an the concentration �, an p�,pulation, the effect on the transportatian, water, sewerage, sc:noals, parks ar.0 ;,�ner pub3ic facilities; and ""'"" ViIHEREAS, the �ity Council af the City af Gra�evine, 'I'e��� ;::t a pt:::jlic r�earing called by the City Council af the City of �rapevine, ��xa.�; ,;:id cc: >:uer th�: followin; factors in making a determinatian as �a whet:�r ::�.:� rec.:.. ��e� cr�ar.oe shouid be granted �. deni�d; effect on rhe con�4u...ion �;. _:.e s�rce�s, t'r.e fire hazazds, panics and other,dangers possibly present in ��:� sec��ring of safety fram same, the effect on th� prornotion af health and the ��neral welfare, effect on adequate Iight and air, the effect on the over-crowdin�, �i land, the effect on ti�e concentration on population, the effect on the txans- porzation, warer, sewerage, schoo3s, par�:s an� other puhlzc facilities; and 4 i WHEREAS, �he City Cauncil further cansicered amcang other things ; { �-r� the character oF the disrrict and its peculiar suitability for particu3ar uses and � k with t�~ze v:ei�r to conserve the value of huile�in�s, encaurade the mast appropriate � ,�,, .� , use o; Iand throubhout this city; and � WHEREAS, the City Cauncil o� the City of Grapevine, Texas, does find that there is a public necessity for the zaning change, that the public demands it, thaz the public interest cleariy requires the amendment, that the zoning change does not unreasonably invade the rights of thase who bought or impraved property with reference to the c3assification which existed at the time their ozigina2 investment was made; and WHEREAS, the City Cauncii of the City of Grapevine, Texas, does find that zhe change �n zoning Iessens the congestian in the stree�s, helps secure ,. , safety frorn fire, panic and o�her dan�ers; promores health and the general ,�:,:, we2fare; provides adequate Iighr and air; prevents the over-crowding of Iand; avoids undue concentration of papulatian; faczlitates the adequate pravisians af transportation, water, sewerage, schoals, parks and axher public requirements; and WHEREAS, the City Council of the City of Grapevine, Te�as, h�s deterr.�ined that there is a necess,ity and need for this change in zoning and nas also faund and determined that there has been a change in the conditions of t�e pxcperty surrounding and in close proximi.ty to the property requested for a char,ge sir.ce this �roperty was originally ciassified and tY�refore feels that a � ; cr.ar�de ir� zonin; classification for the particular piece of proper�y is needect, _� „�, called iar, ar.d is in the best interest of the public at large, the citizens af �.�. C4Ly C�/4 Grapevine, and helps promote the general health, safety and we:fare �: �""" ��.is com::,unity; NQW, THEREFQRE, BE IT QRDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1. That Qrdinanee No. 70-IQ of the Zoning Ordinance . � of tk�e City of Grapevine, Texas, passed on April 7, 1970, be, and the same is �.�. amended and changed in that the use of the property, described in the attached Exhibit "A" which is hereby ineorporat�d herein and which is p�esently zoned R-1 under Ordinance 70-IO is changed to "PD" planned Developrnent District for the following uses, A. Multiple-family dwelling, B. Apartment accessory uses, C. Swimmi.ng pools, private. SECTION 1-A. That the zoning change herein described is hereby �, approved and granted upon the following described conditians: A. That no development will occur prior to submission "�'�° and appraval af a final subdivision plat covering the same area a s described in Exhibit "A" attached hereto. B. All development sha1.I strictly adhere to Lh� site plan which is attached hereto and marked as Exhibit "B". The above requirements shall not be construed a� conditions precedent to the granting of a zoning change, but shall be construed as conditions precedent to the issuance of any building permit by the �ity of Grapevi.ne, Texas, SEC 1 ION 2. The City Manager of the City of Grapevine is hEr�;.�y directed to correct the official zoning maps af the City of Grapevine to ref�: _..; the heru:n change in zoning. � SECTION 3. That in aIl other respects the use of the c�act Q- .:.�s �_ ��..:d here�n above described shall be siabject to all thc applican3.e r�gu1�_. _ _� cc:. . u�nea �n said City of Grapevine Zoning Qrdinance and aIl c� �er appi; ��e an� �:rtir�ent ordinances of the City of Grapevine. , SECTION 4. That the zoning rebulations and districts as herein established have been made in accordance with the comprehensive p3ant for the �� purpose oi promoting health, safety, mo-rals and �eneral welfare of the community. They have been desi�ned, with respect to both present conditions and the •� � conditions reasonably anticipated t� exist in the foreseeable future, to lessen con�estion in the streets; to secure safety from fire, panic, flood and other dan�ers, provide adequate light and air; to prevent over-crowding of land, to avoid undue concentrat ion 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 nor�al 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 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 ordina nce. SECTION 6. That the terms and provisions of this ordinance shall be deemecl to be severable and that if the validity of the zoning affecting any por�ion of the tract or tracts of land described herein shall be delcared � to be invalid, the same shall not affect the validity of the zoning of the balance oi the tract or tracts of land described herein. SECTION 7. That any person, :irm or corporation violating u.:.,r o: the t�rms and provisions of this ordinance shali be subject to the same penG��izs provided for in Ordinance No. 70-10, Zoni:��b Ordinance of the City o: G.G�,evi�e, Tcxa s. SECTION 8. The fact that the present zoning ordinance and regulations of the City are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants o: the Ci�y 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, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF Gi�APEVINE, TEXAS, this the �6th day of January A.D. 1973. �.,m M R �T'T�`ST: �:� , J ity ecretary APPROVED AS TO FORM: .�� ity ttorney � EXHIBIT I Ordinance No. 73_.� Tract 4 All that certain 9.880 acre tract, or parcel of land situated in the W. P. Herring Survey, Abstract No. 6b3, Tarrar�t County, Texas; said tract being part of the tract caccupied on the ground as trac�t conveyed tc� Jahn Si.mmons as descriY�ed by deed recorded in Volume 3258, page 6'79 of the Deed Records of Tarrant County, Texas; !""* �eginning, for the raortheast corner of this, at a steel rod set in � the wes� line of tra�t described in deed to B. W. Baker, et al as � recoxded in Valunne 4983, page 22 of the I}eed RecQrds of fiarrarxt County, Texa�, said beginning point lying North O degrees 47 minutes 1t3 seconds West l.l? feet from the sr�uthwesfi corner of said Baker tract�; Thence Sauth 89 degrees 54 minutes Wesfi 983.14 feet to a steel rcad set in the east line of Dove Road West as described in instru- ment recorded in Volume 52b1, page 984, of the Deed Recards of Tarrant County, Texas; Thence Scruth O degrees 33 minutes West 236.68 feet with the said east line af Dove Loop West to the beginning of a curve to the right having a radius of 1596.13 feet; Thence Sauthwesterly with saa.d eurve a total di.stance of 199.0 feet to a steel rod; Thence Noxth 89 degrees 54 minutes East 1004.44 feet �o a steel rod set i.n the west line of Lc�t 4, Blc�ck 4 S4u�h Shore Acres as sht�wn by plat recorded in Volume 3$8-49, page 54 of the Plat Recc�rds of Tarrant County, Texas; � Thence North O degrees 38 minutes 3t� seconds west 433.83 feet with � the West line of South Shore Acres to its northwest corner as � described and referenced in dedication; Thence Narth 0 degrees 47 ma,nutes 10 seconds West l.l� feet to the place c�f beginning. Tract 5 All �tha� certain 10.012 acre tract, or parcel of land situated in the W. P. Herring Survey, Abstract No. 6fi3, Tarran� County, Texas; said tract being part of the tract accupied on the ground as tracts described in deed to John Simmor�s as recorded in Volume 3258, gage 6�9 of the Deed Recards of Tarrant County, Texas; said tract being further described herein by metes and bounds as follow�: Seginning, for the southwest corner of this, at a steel rod set in the east Iine c�f Dove Road West as described in i.nstrument recorded in Valume 5261, 984 of the Deed Recards of Tarrant County, Texas; said pc�i.nt lying Nozth 15 degrees 1? minutes 45 second� East 437.2 feet f rom the sottthea.st corner caf tract last mentioned; Thence North 89 degrees 54 minutes East lIa5.45 feet to a steel rod �"'"'" set in the western line of tract conveyed to J. R. Bass, et u�c by deed zecaxded in Volume 3852, page 553 af the Deed Reeards af �,,,,, Tarrant County, Texas; Page 2 of 2 Pages EXHIBIT I Ordinance No. 73-4 Thence North 0 degrees 24 minutes 30 seconds East 139.04 feet to a steel rod found at the corner common as the north west corner of said Bass tract and the southwest corner of South Shore Acres as shown by plat recorded in Volume 388-49, page 54 of the Plat Records of Tarrant County, Texas Thence North O degrees 38 minutes 30 seconds West 275.9 feet to a steel rod set in the west line of Lot 4, Block 4, South Shore Acres; �`'" Thence South 89 degrees 54 minutes West 1004.44 feet to a steel rad set in the east line of aforementioned Dove Road West; Thence Southwesterly with curve to right having a radius of 1596.13 feet, an arc length of 211.78 feet to the end of said curve; Thence South 15 degrees 1'7 minutes 45 seconds West 275.3 feet to the place of beginning. Tract 6 All that certain 12.710 acre tract, or parcel of land situated in the W. P. Herring Survey, abstract No. 663, Tarrant County, Texas; said tract being part of the tract occupied on the ground as tracts described in deed to John Simmons as recorded in Volume 3258, page 679 of the Deed Records of Tarrant County, Texas; Beginning, for the southwest corner of this, at a steel rod � , found on the east line of Dove Road West at the southeast corner of tract described in instrument recorded in Volume 5261, page 984 of the Deed Records of Tarrant County, Texas; �.� Thence North 89 degrees 23 minutes 44 seconds East 1233.3 feet with old fence line to a steel rod found at the southeast corner of aforementioned Simmons tracts; Thence North O degrees 24 minutes 30 seconds East 468.36 feet with the west line of tract described in deed to J. R. Bass, et ux as recorded in Volume 3852, page 553 of the Deed Records of Tarrant County, Texas; Thence South 89 degrees 54 minutes West 1105.45 feet to a steel rod set in the east line of Dove Road West; Thence South 15 degrees 17 minutes 45 seconds West 437.2 feet to the place of beginning. � � Page 2 of 2 Pages