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Home My WebLink AboutORD 1993-019 ORDINANCE NO. g3-1g .� ,. 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 ZONING CHANGE Z93-04 ON A TRACTS OF LAND DESCRIBED AS BEING (1) A 65.2913 ACRE TRACT OF LAND IN THE WILLIAM BRADFORD SURVEY, ABSTRACT NO. 131, AND THE J. B. FAY SURVEY, ABSTRACT NO. 530; AND (2) A 5.250 ACRE TRACT OF LAND IN THE WILLIAM BRADFORD SURVEY, ABSTRACT NO. 131, BOTH LYING AND BEING SITUATED 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 FROM "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "CC" COMMUNITY COMMERCIAL 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 (52,000.00) 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 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, 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 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 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, the 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, �M.� 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 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 ,� .* generai health, safety, and welfare of this community. �:;:_s 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 by Zoning Application Z93-04 in that the use of the following described property, to wit: Being 65.2913 acres of land in the William Bradford Survey, Abstract No. 131, and the J. B. Fay Survey, Abstract No. 530, and 5.250 acres of land in the William Bradford Survey, Abstract No. 131, more fully and completely described in the attached Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District is hereby changed to "CC" Community Commercial District Regulations, in accordance with a concept plan, attached hereto as Exhibit "B", all in accordance with Section 45 of 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 ordinances 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 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 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 3 � _ of said ordinances except in those instances where provisions of those ordinances 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. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed two thousand dollars (S2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. 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 '� Yi accordingly so ordained. �.>� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 2oth day of April , 1993. APPROVED: v William D. Tate Mayor ATTEST: � Linda Huff ' City Secretary �+ 4 ,�<_r.. APPROVED AS TO FORM: � John F. Boyle, Jr. City Attorney � ,. �;.,.� � � 5 �,�,,,,�.. 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" ° a Pi O g� �, ,��: "� ss U � ,�, - . . , = e � $ d � E ��8 ' �� - � `+�a. �=' - .�„ � i - . z�'3- oy EXHl81T� TO �.-��'�� LEGAL DESCRIPTION Page � OE � 70.5413 ACRE TRACT SWC OF HIGHWAY 114 AND MAIN STREET, GRAPEVINE, TERAS � „ - Being a tract of land containing 70. 5413 acres, consisting of two tracts as follows: (i) a 65.2913 acre tract of land situated in the William Bradford Survey, Abstract No. 131, and the J.B. Fay Survey Abstract No. 530 City of Grapevine, Tarrant County, Texas and being a portion of the tract of land described in the Deed to Murray Savings and recorded in Volume 7496, Page 986, of the Deed Records of Tarrant County, Texas, and also being a portion of Lot 1, Block 6, of Metroplace First Installment, Blocks 1 and 2 , and Lot 1, Block 6 as recorded in Volume 388-140, Page 51 of the Plat Records of Tarrant County, Texas, and (ii) a 5.250 acre tract of land situated in the William Bradford Survey, Abstract No. 131, City of Grapevine, Tarrant County, Texas and being all of that certain tract of land described by deed recorded in Volume 9527, Page 1231, Deed Records of Tarrant County, Texas, said 70. 5413 acre tract of land being more particularly described as follows: COMMENCING at the point of intersection of the south right-of-way line of State Highway 114 (a variable width right-of-way) with the west right-of-way line of Main Street (a 100-foot right-of-way) and being the northeast corner of a called 2 . 991 acre tract of land described by deed recorded in Volume 8295, Page 2251, Deed Records � of Tarrant County, Texas; ' THENCE S 00° 14 ' 32" East along the west right-of-way of said Main ' Street and the east line of said 2 .991 acre tract of land a � distance of 488. 00 feet to a 1/2-inch iron rod found for the POINT OF BEGINNING and being the southeast corner of said 2 .991 acre tract of land; THENCE S 00° 14 ' 32" East continuing along said west right-of-way line a distance of 858. 57 feet to a 1/2-inch iron rod set for corner and being in the north line of a called 85. 86 acre tract of land described by deed recorded in Volume 5680, Page 345, Deed Records of Tarrant County, Texas; THENCE S 89°53 ' 34" West along the north lien of said 85.86 acre tract of land a distance of 266. 98 feet to a 3/8-inch iron rod found for corner and being the southeast corner of a called 65. 272 acre tract of land described by deed recorded in Volume 8858, Page 1525, Deed Records of Tarrant County, Texas; THENCE, S 89°53 ' 04" W, along said City of Ft. Worth tract North line, a distance of 881. 64 feet to the Northeast corner of another tract of land conveyed to the City of Ft. Worth by deed recorded in Volume 5869, Page 119 of the Deed Records of Tarrant County, Texas a D/FW Airport Bronze Disk in concrete found at corner; THENCE, along said City of Ft. Worth tract, the following: �.,,� z93- oy . ExH�a�r.�.. ro ��- y.�- rv Page ..,,,,.�. of ...�?... S 89° 52 '49" W, a distance of 931. 53 feet to a D/FW Airport Bronze Disk in concrete found at corner; N 52 °27 ' S6" W, a distance of 181. 25 feet to a D/FW Airport Bronze Disk in concrete found at corner; N 41° 17 ' 21" W, a distance of 373 .55 feet to a point on the East line of Arlington Grapevine Road, a 1/2" iron pin found at corner; THENCE, N 00°38 ' 07" E, along said Arlington Grapevine Road East line, a distance of 773 . 03 feet to the point of intersection of said East line and the above-mentioned South line of State Highway No. 114 a state highway monument found at corner; THENCE, along said South line of State Highway No. 114 , the following: Around a non-tangent curve to the Right having a central angle of 29° 53 ' 43" , a radius of 1402 .40 feet, a chord bearing of N 75° 11' 25" E, and an arc distance of 731.73 feet to the end of said curve, an "X" in concrete found at corner; � S 89°43 '58" E, a distance of 1273 .92 feet to a state highway monument found at corner; N 89°05 '46" E, a distance of 215.82 feet to a 1/2-inch iron rod found at corner; THENCE S 00° 14 ' 32" E, a distance of 488 . 00 feet to a 1/2-inch iron ` rod found at the northwest corner of said 2 .991 acre tract of land. THENCE N 89°04 ' 02" East along the south line of said 2 .991 acre tract of land a distance of 267 . 00 feet to the POINT OF BEGINNING. 7616. 39