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HomeMy WebLinkAboutORD 1986-036 ORDINANCE NO. 86-36 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE CON�REf�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANlE BEING ALSO KNOWN AS APPENDIX "D" OF � CITY CODE OF GRAPEVINE, TEXA.S, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A ,�� L�OT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARRANT COUNTY, TEX�15, BEING A PART OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, IN Tf� CITY OF GRAPEVINE, TEXAS, NIORE �'U.[�LY AND COMPI�TELY DESCRISED IN Ti� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN TE� USE OF SAID PROPER'I'Y FRC�I "R-20" SINGI�E-FAMILY DWEL,LING DISTRICT TO "LI" LIGHT ITTDUSTRIAL ZONING DISTRICT; COR- RECTING Tf� OFFICIAL ZONII�TG MAP; PRESERVING AT,T, OTHER PORTIONS OF TE� ZONING ORDINANCE; PROVIDING A CLAUSE REI,ATING TO SEVER- ABILITY; DE'I�RMINING THAT 'I'F� PUBLIC IIV'.I'ERESTS, MORALS AND GENERAL WELFARE DENIAND A ZONING CHANGE AND ANlII�TDMENT TFIEREIN MADE; PROVIDING A PENALTY NOT TO EXCEID Tf� SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHAL�L BE DEENIED COrM'1ITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DEQ,ARING AN EN�RGEL�TCY Wf�RE�S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Comnission of the City of Grapevine, Texas, as requised 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 ccxnplied 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 mptoring public and the pedestrians using the facilities in the area itrrtnediately surrounding the site; safety frcan 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 imnediate 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, �, TniHERFP,s, 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 pramotion 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, Wf�REAS, 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, WI�REAS, 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 amenchnent, 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�me their original investrnent 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 fran fire, panic and other dangers; pramotes health and the general w�elfare; 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 requiremerits; and, Wf�RE1�S, 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 w�lfare of this comnunity. NOW, THEREFORE, BE IT ORDAINID BY TI-iE CITY COUNCIL OF THE CITY OF GFtAPEVINE� TEXA.S: 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 � 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 Thomas Easter Survey, Abstract No. 474, 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-20" Single-Family Dwelling District is hereby changed to "LI" Light Industrial Zoning District, 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 describ�d 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 ccxnprehensive 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 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 requirecments, and to make adequate provisions for the normal business, commercial needs and develognerit 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 co�nunity. 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 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. 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 sulxnitted 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 commission 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, mprals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i�nediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcan 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 20th day of May, 1986. APPROVED: Mayor ATTEST: City Secretary APPROVED AS 'PO FORM AND LEGALITY: :� � � _. City Attorney EXHIBIT "A" , PAGE 1 TO ORDINANCE NO. 86-36 �;3,. � � C TRACT 1 Being a 7.500 c�cre tract of lr�nd in the 'I'homr�s Enster Survey, Abstract No. 474 sitti�te� in Tarrt�nt County, Texas and being n portion of tf��t certain tract of land as described in deed to Matr�lee S. Webster as recorded in Volume 5819, Page 811 of the Deed Records of Tarrant County, Texas �znd being more particularly described as follows: BT;GINNING at a �" iron pin found at ti�e most westerly northwest corner of Grupevine [ndustrial Park, an addition to the City of Grapevine as recorded in Volurne 388-11, C Page 2 P.R.T.C.T. and being in tf�e Soutt� line af tl�at certain tract of land as described in deed to OPI, Inc., as recorded in Volume 7197, Page 759 D.R.T.C.T.; TIi�NCE S 02°24'00" E along the west line of Grnpevine Industrial Park, 546.90 feet to a point for corner. � �,,,, TI1rNCE N 89°51'00" W, 598.00 feet to a point for corner. TIiENC� N OZ°24'00" W, 546.90 feet to a point in the soutti line of that certain tract +�:� of land as described in deed to Polland Simmons as recorded in Volume 4737, Page 654 D.R.T.C.T.; TIiENCE S 89°51'00" E along said South line, 598.00 feet to the POINT OF BEGINNING and containing 326,700 square feet or 7.500 acres of land. TRACT 2 � Being a 63.5301 ttcres trt�ct of land in t}ie Thomas �aster Survey, Abstract IVo. 474 situated in Tarrant County, Texas and being a portion of that certain tract of land as recorded in Volume 2612, Page 307 of tt�e Deed Records of Tarrant County, Texas and being more particularly described as follows: COMM�NCING at a point at the most westerly northwest corner of Grnpevine Industrizl Park, an addition to the City of Grapevine as recorded in Volume 388-11, Page 2 P.R.T.C.'I'. and being in the South line of that certt�in tr�et of lund described in deed Cto OPI, Inc., as recorded in Volume 7197, Page 759 D.R.T.C.T.; TIt�NCE S 02°24'00" r along the west line of said Grapevine Industrial Park, 546.90 feet to the POINT OF B�GINNING of herein described tract of land; �"'``' TIIrNCE S 02°24'00" C continuing along said west line, 186.52 feet to tt point for corner; TIIisNCC H 88°55'00" E 38.27 feet to n point for corner; �.� TIIENCF S 09°22'00" E, 56.40 feet to a point for corner; TIIE?�Cr S 08°17'00" W, 76.50 feet to u point for corner; T11F,NCE S 04°38'00" �y, 38.30 feet to a point for corner; TIIEP7Cr S O1°12'00" E, 136.4 feet to a point for corner; TIiENCE S 06°42'44" �V, 74.11 feet to a point for corner; EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 86-36 � . TIIENCE S 05°O1'30" W, 97.84 feet to a point in the northerly rigl�t-of-way line of the S.�V. dc S.L. Railroad (100' right-of-way); TfI�NCE S 58°38'00" W along said northerly right-of-way line, 670.27 feet to a point for corner; TfIENCE N 00°00'00" E, 30.00 feet a point for corner; TIiENCE N 89°23'00" W, 1528.13 feet to a point in the east line of tt�at certain tract � of land as described in deed to W.R. Nallace as recorded in Volume 5487, Page 293 D.R.T.C.T.; TIIENCE N 00°22'00" E along said east line, 1516.83 feet to a point in the south line of that certain tract of land as described in deed to Charles �vans as recorded in �,.,,.y Volume 6282, Page 671 D.R.T.C.T.; TIiENC� S 89°51'00" E along the south line of said Evans tract, 1442.99 feet to a point �� at the northwest corner of that certain tract of land as described in deed to Matalee S. Webster as recorded in Volume 5819, Page 811 D.R.T.C.T.; T�fENCE S 02°24'00" �, 546.40 feet to a point at tl�e soutt�west corner of said Webster tract; TIiENCE S 89°51'00" E along the south line of said Webster tract, 598.00 feet to the POINT OF BEGINNING and containing 2,767,385 square feet a 63.5304 acres of land. �.--A � . 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