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HomeMy WebLinkAboutORD 1987-033 ORDINANC� NO. 8 7-3 3 AN ORDINANCE AN�TDING ORDINANCE NO. 82-73, Tf� COMPREI�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO KNOWN AS APPENDIX "D" OF 'I�iE CITY CODE OF GRAPEVINE, TEXAS, GR�I'I'ING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A � I�OT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANI' COUNTY, TEXAS, BEING A PART OF THE A. FOSTER SURVEY, ��,,,_,W ABSTRACT NO. 518, IN 'I'HE CITY OF GRAPEVINE, Z�XAS, MORE FULLY AND CONIPI.�E"I�LY DESCRIBID IN THE BODY OF THIS ORDINANGE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM ��PCD�� PLANNID COMMERCIAL DEVEL�OPMIIVT DISTRICT TO "PO" PROFFSSIONAL OFFICE ZONING DISTRICT AND "CC" COMM[JNITY COMMERCIAL ZONING DISTRICT; CORFtECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINAlVCE; PROVIDING A C:LAUSE RII�P,TING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND G�1�AT, WII,FARE DEMAND A ZONING CHANGE AND AMII�ID- MENT TF�REIN MADE; PROVIDING A PENALTY NOT TO F,XCEED THE SUM OF ONE THOUSAND DOT,T,AR� ($1,000.00) AND A SEPARATE OFFEL�TSE SHAIZ BE DF�ENIFD COrM�tITI'ID UPON EACH DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DFX,7�ARING AN FMERGENCY WHEREAS, applications caere made to amend the Official Zoning Map, City of sl � Grapevine, Texas, by making applications for same with the Planning & Zoning Comnission 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, Wf-�REAS, 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 i�nediately surrounding the site; safety fran 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 ii�snediate 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, ,��;J�, 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 fran 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, Wf�S, 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 t� their original investment was made; and, ,�,,.�, Wf�RE1�S, 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 fran fire, panic and other danqers; pranotes health and the general welfare; provides adequate light and air; prevents the overcrow�ling of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�REAS, 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 proxunity 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 co�nunity. NOW, THIIZEFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, '1'EXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Canprehensive 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 �,, x. 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 A. Foster Survey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, more fully and canpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PCD" Planned Commercial Development District is hereby changed to "PO" Professional Office Zoning District and "CC" Community Co�nercial Zoning District, all in accordance with Comprehensive Zoning Ordi- nance 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, Te�as. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the canprehensive plan for the � purpose of pranoting health, safety, morals and the general welfare of the co�nunity. 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 fran 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 develo�ment of the co�nunity. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the garticular uses and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the comnunity. Section 5. This ordinance shall be ctunulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances �cept 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 requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan sukmitted and approved hereunder, shall be guilty of a misdemeanor 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 owner or owners of any building or premises, or part thereof, where anything 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 comnission 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 power 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 immediate preservation of the public business, property, health, safety and general welfare of the public �.:.. ., which requires that this ordinance shall become effective fran and after the date of its final passage, and it is accordingly so ordained. �.,:� PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16� day of �TLne , 1987. APPROVID: Mayor AZTFST: City cretary :�� APPROVED AS TO FORM AND LEGALITY: �� ��� r. �� `y .., p - �, City Attorney :: EXHIBIT "A" , PAGE 1 TO ORDINANCE NO. 87-33 � TRACT 1 ' . PROPQSED ��PO" ZONING BEING a tract of land out of the A. Foster Survey, Abstract No. 518, Tarrant County, ��;,.� Texas described by metes and bounds as follaws: COI�Il�III�ICING at an iron pin at the southwest corner of College Creek Addition, to the City of Grapevine, Tarrant County, Texas as recorded in Vol. 388-178, Page 49 PR'I'CT; TF�10E N 00 41' 48" E, a distance of 195.85 ft to an point in the centerline of Hudgins Drive for the POINT OF SEGII�IING of Tract 1. Tf�10E N 00 41' 48" E, a distance of 1049.15 ft to an iron pin for a corner; . � Tf�ICE N 89 44' 18" W, a distance of 447.43 ft to an iron pin for a corner; Z�ICE S 00 06' 10" E, a distance of 408.66 ft to an iron pin being the point of beginning of a nontangent curve to the right; � Tf�ICE along said curve to the right having a central angle of 47 11' 14", a radius of 517.5 feet an arc length of 426.20 feet to a point for a corner; Tf�ICE S 22 32' 12" E, a distance of 335.25 ft to a point in the centerline of the proposed Lancaster Drive; � Tf�ICE along a curve to the left having a central angle of 43 47' S6", a radius of ' 430.00 feet an arc length of 328.71 feet to a point for a corner; TF�10E S 59 29' 12" E, a distance of 328.39 feet to a point in the center,line of "" existing Hudgins Drive, being the POINT OF SDGINNING for Tract 1 and containing 12.04 acres of land, more or less. . . � �� c. EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 87-33 � TRACT 2 �� ��� PR(JPOSED ��CC�� ZONING , SEING a tract of land out of the A. Foster Survey, Abstract No. 518, Tarr'�nt County, Texas and being a part of Block A, Clearview Park Addition, to the City of Grapevine, Texas according to plat recorded in Volume 388-42, page 16, Plat Records, Tarrant County, Texas, and being described by metes and bounds as follaws: EEGII�IlVING at an iron pin at the southwest corner of College Creek Addition, to the City of Grapevine, Tarrant County, Texas as recorded in Vol. 388-178, Page 49 PRTCr; TF�ICE N 00 41' 48" E, a distance of 195.85 ft to an iron pin for a corner; Tf�iCE N 59 29' 12" W, a distance of 328.39 ft to a point for a corner in the centerline of the proposed Lancaster Drive; Tf�ICE along a curve to the right having a central angle of 43 47' 56" an arc length of 328.71 ft to a point for a corner; • TF�IGE N 22 32' 12" W, a distance of 335.25 ft to a point for a corner; TF�ICE along a curve to the right having a central angle of 16 26' 39" an arc � length of 148.52 ft to a point for a corner and being the beginning of a nontangent cuxve to the right; � � T��1C� along said curve to the right having a central angle of 89 51' 32", a radi� of 360.00 feet, a cord bearing of N 66 03' 33" W (508.49') an arc length of 564.60 feet to an iron pin for a corner; �: ,�a � TF�IC� N 21 O1' 32" W, a distance of 517.82 ft to an iron pin in the south line of West College Street for a corner; 2�10E S 68 54' 40" W, a distance of 290.44 ft to an iron pin for a corner being the beglrining of a curve to the left; Tf�]CE along said curve to the left having a radius of 25.00 feet an arc length of 22.30 feet to a point for a corner in the northeast R.O.W. of State Highway 114; TI�ICE S 33 15' 38" E, a distance of 581.92 ft to an ison pin for a corner; Tf�tCE N 49 12' S8" E, a distance of 2.82 ft to an iron pin for a corner; TF�]CE S 37 45' 16" E, a distance of 118.10 ft to an iron pin for a corner; TF�ICE S 38 33' 46" E, a distance of 263.70 ft to an iron pin for a corner; Tf�NC� S 36 09' 36" E, a distance of 271.02 ft to an iron pin for a corner; TfmvC� S 33 00' 02" E, a distance of 150.03 ft t�o an iron pin for a corner; � Tf�vCE N 80 32' 20" E, a distance of 942.04 ft to the point of beginning and � containing 14.78 acres of land, more or less.