HomeMy WebLinkAboutORD 1985-028 ORDINANCE NO. 85-28
AN ORDINANCE ANN�NNDING ORDINANCE NO. 82-73,
THE CAMPREEiII�TSIVE ZONING ORDINANCE OF Tf�
CITY OF GRAPEVINE, TEXAS, SANIE BEING AISO
KNOWN AS APPENDIX "D" OF Tf� CITY CODE OF
GRAPEVINE, TEXA.S, GRANI'ING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
,� IAT, TRAC,'T, OR PARCEL OF I�ND LYING AND
BEING SITUATED IN TARRANT COUNTY, TEXAS,
BEING A PART OF THE J. R. DOSS SURVEY,
,� ABSTRACT NO. 440, IN THE CITY OF GF�IPEVINE,
'I�XA.S, Nlf�RE FUIZY AND COMPL�'1'ELY DESCRIBED
IN THE BODY OF THIS ORDINANCE; ORDERING A
C�I�NC� IN THE USE OF SAID PROPERTY FROM
"R-7.5" SINGLE-FAMILY D`VELLING DISTRICT TO
��CN�� NEIQiBORH00D CONIl�IAL ZONING
DISTRICT; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLP,USE
RELIITING TO SEVF�BILITY; DEI�RMINING THAT
TI� PUBLIC INTERESTS, NYJRAIS AND C�NERAL
WII�F'ARE DET�IAND A ZONING CHANC� AND AN�tD-
N�1T THEREIN MADE; PROVIDING A PE[�ALTY NOT
TO EXCEID THE SUM OF ONE THOUSAND DOLLAFLS
($1,000.00) AND A SEPARATE OFFE[�TSE SHAIZ BE
DF�NE�D COMNIITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARING AN
II��ERGII�ICY
W�.S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
�' ' Co�nission 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 came before the City Council of the City of Grapevine, Texas, after all
legal notices requiren�ents, conditions and prerequisites having been camplied
with; and,
Wf�RF..AS, 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 motori.ng public and the pedestrians using the
facilities in the area immediately surrounding the site; safety fran fire
ha.zards 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 i.mnediate 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 prcmotion 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,
se�werage, schools, garks 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 follo�,ving factors in making a detennination 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
securi.ng of safety fran same, the effect on the prc�tion 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,
Wi�REAS, the City Council further considered aimng 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 amench�ent, 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,
� w'�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 frcgn fire, panic and other dangers; pr�otes 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
requiren�ents; and,
W�, 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 pr�te the general
health, safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF TI� CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
'�°' Cc�nprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn 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 three tracts of land out of the J. R. Doss Survey, Abstract
No. 440, in the City of Grapevine, Tarrant County, Texas, more fully and
campletely described �n Exhibit "A", attached hereto and made a part hereof,
which was previously zoned "R-7.5" Single-Family Dwelling District is hereby
changed to "CN" Neighborhood Cam�rcial Zoning District, all in accordance
with Ccxnprehensive 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 th�e 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 camprehensive plan for the
purpose of proamting health, safety, m�rals and the general welfare of the
�'"'�' ccennunity. 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 fixe, panic, flood
and other dangers; provide adequate light and air; to prevent overcrotading 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 adequa.te provisions for the
normal business, con�uercial needs and develognent 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 particular uses and with
a view of conserving the value of buildings and encouraging the m�st
appropriate use of land throughout the conamuzity.
Section 5. This ordinance shall be cLunulative 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 ternns 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
requirem�nts 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
I� of an buildin or rem.ises or rt thereof, where anything in violation of
Y g P ► I�
� 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
�I 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.
I
; 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 w�lfare of the public
�! which requires that this ordinance shall bec�e effective fran and after the
' � � date of its final passage, and it is accordingly so ordained.
I� `'"�'� PASSID AND APPRpVED by the City Council of the City of Grapevine, Texas
on first reading on this the 21st day of May, 1985.
cil of the Cit of Gra vine Texas
PASSID AND APPROVID by the City Coun y pe ,
on second reading on this the 4th day of June , 1985.
APPFZOVED:
yor
ATI'EST:
�Ll.l.�t.c-�
� Ci y Secretary
;,�, APPROVED AS TO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 85-28
LEGAL DESCRIPTION
TRACT I
Survey and field notes for a tract of land in the J. R.
Doss Survey, Abstract No. 440 , situated in Tarrant County,
Texas, and being the tracts described in a deed of record in
'� Volume 5145, Page 317 and Volume 5073, Page 117, Deed Records,
Tarrant County, Texas, said tracts being contiguous are con-
sidered for the purposes herein as one tract and is more par-
� ticularly described by metes and bounds as follows:
BEGINNING at an iron pin in the northerly line of Glade
Road, said point being the southeast corner of the tract de-
scribed in Volume 5145, Page 317 , above referenced, said point
being, by deed call, 446 . 1 varas west and 9 varas north of the
southeast corner of said Doss Survey;
THENCE N 89° O1 ' 26" W, 96 . 36 feet along the northerly
line of said Glade Road to an iron pin found in same for cor-
ner;
THENCE N 0° 37 ' 45" E, along the westerly line of the
above referenced tracts 678 . 66 feet to an iron pin found for
corner;
THENCE S 89° 16 ' E, 95. 6 feet along the north line of the
tract described in Volume 5073, Page 117, above referenced, to
an iron pin at the northeast corner of same;
THENCE S 0° 33 ' 55" W, 679 . 04 feet to the POINT OF BEGIN-
�
NING and containing 1 . 496 acres.
TRACT II
Wr�
Description for a tract of land out of the J. R. Doss
Survey, Abstract No. 440 , Tarrant County, Texas, and more
particularly described by metes and bounds as follows:
BEGINNING at an iron pin in the north line of County Road
No. 3036 , (Glade Road) for the southeast corner of this tract,
which lies N 89° 55 ' W, 899 . 0 feet, and north 25. 0 feet from
the southeast corner of said Doss Survey;
THENCE S 89° 59 ' 17" W, 136 . 0 feet along the north line
of said County Road, to an iron pin for the southwest corner
of this tract;
THENCE N 00° 28 ' 48" W, 676 . 65 feet to an iron pin for
the northwest corner of this tract;
THENCE S 89° 31 ' E, 135 . 0 feet to an iron pin for the
northeast corner of this tract;
THENCE S 00° 33 ' 58" E, 675 .49 feet to the Point of Begin-
�-
ning, and containing 2 . 10 acres of land, more or less .
TRACT III
''� Being a tract of land in the J. R. Doss 5urvey, Abstract
No. 440 , south of Grapevine, Tarrant County, Texas, and more
particularly described by metes and bounds as follows:
BEGINNING at an iron pin, 373 varas west and 9 varas
north of the southeast corner of the J. R. Doss Survey, said
iron being in the north line of a County Road and the south-
east corner of tract being described;
EXHIBIT "A" TO
ORDINANCE NO. 85-28
TRACT III CONTINUED
THENCE West, 205. 3 feet to an iron pin, the southeast
corner of a 1 acre tract;
THENCE with the east line of said 1 acre tract, North
� 00° 28 ' West, 679 . 0 feet to an iron pin;
THENCE South 89° 33 ' East, 205 . 3 feet to an iron pin;
�
THENCE South 00° 28 ' East, 677 . 6 feet to the PLACE OF
BEGINNING and containing approximately 3 . 20 acres of land.
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