HomeMy WebLinkAboutORD 1990-069 ,.�. ORDINANCE NO. 90-69
� 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 A ZONING CHANGE ON
A TRACT OF LAND DESCRIBED AS BEING A LOT,
TRACT, OR PARCEL OF LAND LYING AND BEING
SITUATED IN TARRANT COUNTY, TEXAS, BEING A
PART OF THE JOEL HALLUM SURVEY, ABSTRACT
N0. 722 IN THE CITY OF GRAPEVINE, TEXAS, MORE
FULLY AND COMPLETELY DESCRIBED IN THE BODY OF
THIS ORDINANCE; ORDERING A CHANGE IN THE USE
OF SAID PROPERTY FROM "R-TH" TOWNHOUSE
DISTRICT REGULATIONS TO "R-5 .0" ZERO LOT LINE
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
�"' ($2 ,000 .00) FOR EACH OFFENSE AND A SEPARATE
OFFENSE SHALL BE DEEMED COMMITTED EACH DAY
� DURING OR ON WHICH AN OFFENSE OCCURS OR
CONTINUES 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
�rr 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 overcrowding of the land, the
effect on the concentration of population, 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, 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,
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,
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,
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 general health, safety, and welfare of this
community.
�` 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 in that the use of the following described property,
to-wit:
Being a tract of land out of the Joel Hallum Survey, Abstract
No. 722, in the City of Grapevine, Tarrant County, Texas, more
fully and completely described in Exhibit "A" , attached hereto and
made a part hereof, which was previously zoned "R-TH" Townhouse
District Regulations is hereby changed to "R-5 .0" Zero Lot Line
District Regulations, all in accordance with Comprehensive 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 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 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 . 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 ($2 ,000 .00) and a separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
Section 8 . That this ordinance shall take effect from and
after the date of its final passage.
PASSED AND tiPPROVED BY THE CITY COUNCIL OF THE CITY OF
�„„ GRAPEVINE, TEXAS on first reading this the 20th day of
November , 1990 .
�
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPVINE, TEXAS on second and final reading this the 15th day of
January , 1991 •
APPROVED:
--�
William D. Tate
Mayor
ATTEST:
Linda Huff
,.� City Secretary
�
�
APPROVED AS TO FORM AND LEGALITY:
� �
John F. Boyle, Jr.
City Attorney
��
�
�
�
EXHIBIT "A" TO ` '`� `v
* � J s ' O1lLiNL11�Cla L��. 90-69 �f�� /O_ �/
PAGE 1 OF 3
BEIlVG a tract of land out of the Joel Haltum Survey, "Abstract No. ?22
situated in the City of Grapevine, Tarrant Counry, Texas, being atl of a
replat of VVES'TWOOD SUBDIVISION, an Addition to the City of Grapevine,
recorded in Volume 388-192, Page 76, Plat Records, Tarrant Counry, Texas,
� � excluding Parcel A described hereon, and including a portion of that certain
vact of land conveyed by SUBSTITUTE TRUSTEE'S DEED AND BILL OF
SALE to NORTfiPARK SAVIIVGS ASSO�JATION, recorded in Volume 8767,
Page 36, Deed Records, Tarrant Counry, �'exas, and being described by metes
and bounds as follows:
BEGINNING at a 5/8 inch iron rod set in the right-of-way of Hood Lane
(variable width), said iron rod being the northwest corner of VVE,S"TWOOD
SUBDMSION and by deed rdll bein� South 87 degrees 25 minutes West, 10.1
feet from the southwest corner of Lttle ]ohn No. 3 Addition to the City of
Grapevine, Tarrant County, Texas, recorded in Volume 388-52, Page 8, said
Plat Records;
7�-IENCE North 87 degrees 31 minutes 16 seconds East, at 10.00 feet passing
the northwest corner of Lot 1, Block 1, of said VVESIIIVOOD SUBDIVIStON,
at 15.00 feet passing the southwest corner of Shorewood Park Addition to
the City of Grapevine, recorded in Volume 388-92, Page 25, said Plat
Records, in all 725.46 feet to a 1/2 inch iron rod found for the southea�t
corner of said Shorewood Park Additioq the same being the southwest
corner of Lot 1, Block 7, of a Repiat of Dove Crossing, an Addition to the
City of Grapevine, recorded in Volume 388-192, Page 31, said Plat Records; -
'I��NCE North 87 degrees 09 minutes 22 seconds East, along the south line�
of said Dove Crossing 456.30 feet to a 1/2 inch iron rod found;
` THENCE North 88 degrees 29 minutes 00 seconds East, continuing along the
south line of said Dove Crossin at 201.65 feet a 1/? inch iron rod found
for the northeast corner of said �VES'I'WOOD SUBDMS[ON, continuing in ali
211.50 feet to a 5/8 inch iron rod set far the northwest corner of that
certain tract of land described as Parcel 1I, conveyed to intermountain
Rea1ty Limited, recorded in Volume 9308, Page 769, said Deed Records;
'INENCE South Ol degrees 06 minutes 00 seconds East, along the west line
of Parcel II of said Intermountain Realty Limited tract, at 154.16 feet
passing the southwest corner of Parcel II, the same being the most westeriv
northwest corner of Parcel 1 conveyed to Intermountain Realry Limiteel,
recorded in Volume 930t3, Page 7b9, said Deed Records, continuing atong the
west line of said Parcel I in all, 343.�1 feet to a 5/8 inch iron roci set;
THENCE continuing along the west line of said Parcel 1 the fol{owing
courses and distances:
South 48 degrees 40 minutes 00 seconds West, at 12.90 feet passing a
5/8 inch iron rod set in the east line of Lot 16, Block 3 of said
WF,SII�VOOD SUBDMSION, continuing in all 50.81' feet to a 1/2 inch
iron rod found;
South 41 degrees 24 minutes 00 seconds East, at 44:81 feet passing a
5/8 inch iron rod set in the east line of .said Lot 16, Block 3,
continuing in all 85.00 feet to a 1/2 inch iron rod found;
� South 41 degrees 00 minutes 00 seconds West, at 38.72 feet passing a
5/8 inch iron rod set in the east line of Lot 12, Block 7, of sa,d
� VYESTWOOD SUBDIVISION, continuing in all 134.70 feet to a 1/2 inch
iron rod found; .
,
, EXHIBIT RB" TO-
� •• � ORDINANCE NO. 90-69 �
PAGE 2 OF 3
South O1 degrees 06 minutes 00 seconds East, along the east line of
said Lot 12, Block 7, 60.00 feet to a 5/8 inch iron rod set for the
southwest corner of said Parcel I, said iron rod also being in the
north line of Dove Meadovvs Additioo to the City of GraPevine,
Tarrant County, Texas, recorded in Volume 388-217, Page 11, said Plat
Records;
'IHENCE South 87 degrees 51 minutes 34 seconds West, alon� the north line
of said Dove Meadows Addition, 112.06 feet to a 5/8 inch �ron rod set for
the northwest corner of same, said iron rod also being in the east line of a
revision of Phase One of Oak Grove Addition, recorded in Votume 388-82,
Page 41, said Plat Records;
'I�IENCE North O1 degrees 33 minutes 09 seconds West, along the east line �
of said Oak Grove Addition, 35.01 feet to a 1/2 inch iron rod found for the
northeast corner of same;
Tt-IENCE South 87 degrees 51 minutes 34 seconds West, 370.67 feet along the
north line of said Oak Grwe Addition to a 1/2 inch iron rod found for the
northwest corner of same, said iron rod also being in the east right-of-way
of Sonnet Drive (60.00 feet wide at this point}; -
TE�NCE North 00 degrees 59 minutes 19 seconds West, aic�ng the east line
of Sonnet Drive 145.42 feet to a "PK" nail set in asphalt paving; �
THENCE South 89 degrees 00 minutes 13 seconds Wesc, at 60.00 feet passing
; a 5/8 inch iron rod set in the west line of Sonnet Drive, said iron rod being
the northeast corner of Marina Det Rey, an Addition to the City of
Gra�evine, recorded in Volume 38�-130, Page 82, saici Plat Records, .
cont�nuing along the north line of said Marina Del Rey Adc�ition in all 210.3�i
feet to a 1/2 inch iron rod found for the northwest corner of same;
TNENCE South 00 degrees 59 minutes 19 seconds East, alon� the west line :
• of said Marina Del Rey Addition, 289.34 feet to a 5/8 inch iron rod found �
for the southwest corner of same, said iron rod also being in the north line
of Dove Elementary Addition, an Addition to the City of Grapevine, recorde�
in Volume 388-185, Page 30, said Plat Records; �
'THENCE South 89 degrees 00 minutes 13 seconds West, along said north line
of Dove Elementary Addition, at 628.19 feet passing the southwest corner of
Lot 1, Block 4, of said WES`I'WOOD SUBDIVtSION, the same being the east
line of aforementioned Hood Lane, continuing in all 638.19 feet to a 5/8 inch
iron rod set for the southwest corner of the aforementioneci tract of land '
conveyed to NORTHPARK SAV[NGS ASSOCIATION;
'T��NCE North 00 degrees 00 minutes 00 seconds East, along the west line
of said NORTHPARK SAVINGS ASSOCIATION tract and in the right-of-way
of Hood Lane, 684.56 feet to the POINT OF BEGINNQIG and containing
19Z26 gross acres of land, SAVE AND EXCEPT the rights-of way dedicated �
on the aforementioned WES'"I'WOOD SUBDMSION which include Hood Lane '
(10 foot dedication); Westwood Drive (50 foot dedication and 50 foot radius
cul de sac dedication); Allegheny Drive (50 foot dedication and 50 foot
radius cul de sac dedication); Sonnet Drive (50 to 60 foot dedication);
Woodcrest Drive (50 foot dedication); and Bridger Drive (50 foot dedication), i
all containing 4.445 acres of land leaving 14.781 net acres of land. i
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