HomeMy WebLinkAboutORD 1984-086 ORDINANCE NO. 84-86
AN ORDINANCE AN�]DING ORDINANCE NO. 82-73,
Tf� COMPREE�TSIVE ZONING ORDIN�NCE OF THE
CITY OF GRAPEVINE, TEXAS, SAN1E BEING ALSO
KNOWN AS APPENDIX "D" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
IDT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATED IN TARRANT COUNTY, TEX�1S,
BEING A PART OF TF� W. D. SHEPHERD SURVEY,
�, ABSTRACT N0. 1393, IN THE CITY OF GRAPE-
VIl�1E, TEXA.S, MORE FUIZY AND CONIPI��I�LY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN Tf� USE OF SAID PRO-
PERTY FROM "R-3.5" TWO-FAMILY DWII�ING
DISTRICT TO "CC" C�IMiJNITY COMI`�ERCIAL
ZONING DISTRICT; CORRF.C`I'ING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER FORTIONS
OF THE ZONING ORDINANCE; PROVIDING A CLAUSE
RELATING 'PO SE�IERABILITY; DE'PERMINING THAT
THE PUBLIC :LNTFRESTS, NIORALS AND GENERAL
WELFARE DE�'IAND A ZONING CHANGE AND AMII�1D-
MII�]T 'I'f�REIN MADE; PROVIDING A PENALTY NOT
TO EXCEID THE SUM OF ONE THOUSAND DOLI�ARS
($1,000.00) AND A SEPARATE OFFENSE SHAI�, BE
DEENNIElD COMMITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DDCLARING AN
IIKF�RGII�TCY
Wf�REAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
�`` " Ca�nission of the City of Grapevine, Te�s, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requisements, conditions and prerequisites having been ccxnplied 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,
WHERE�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the following factors in
makinq 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�diately 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 �diate neighborhood, adequacy of parking as determined by
require�uents 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 pramotion of health and the general welfare, effect on light and
air, the effect on the overcrawding of the land, the effect on the
'� concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
+�r Wf�REA.S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Te�as, 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,
4��, 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,
W�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 deqnands 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,
�,,,,,, Hf�2EAS, 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 fro�n fire, panic and other dangers; pramotes 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
requireznents; and,
Wf�REAS, the City Council of the City of Grapevine, Texas, has detennined
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 zoni.ng 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 pramote the general
health, safety, and welfare of this cammunity.
NOW, THEREF'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
�� Cccnprehensive Zoning Ordinance of the City of Grapevine, Te�s, 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 a tract of land out of the W. D. Shepherd Survey, Abstract No.
1393, in the City of Grapevine, Tarrant County, Texas, more fully and cc�
pletely described in Exhibit "A", attached hereto and made a part hereof,
which was previously zoned "R-3.5" Two-Family Dwelling District is hereby
changed to "CC" Co�rnanity C�rcial Zoning District, all in accordance with
Camprehensive 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 ccxnprehensive plan for the
purpose of promoting health, safety, morals and the general vaelfare of the
"`�'�' c�munity. 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 overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public require�nts, and to make adequate provisions for the
normal business, canurercial needs and develo�anent of the cananunity. 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
a�ropriate use of land throughout the cammunity.
Section 5. This ordinance shall be c�urnzlative 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
de�med 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 camply therewith, or with any of the
requirements thereof, or who shall build or alter any buildi.ng or use in
violation of any detailed statement or plan su�anitted 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 awner or owners
of any building or premises, or part thereof, where anything in violation of
this ordinance shall be placed or shall e�ist, and any architect, builder,
contractor, agent, person, or corporation eqnployed. in connection therewith,
and who may have assisted in the cc�nmission 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 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 became effective fram and after the
'�"" date of its final passage, and it is accordingly so ordained.
�,,, PASSID AND APPROVED by the City Council of the City of Grapevine, Texas
on this the 4th day of December, 1984.
APPI�lJVID:
�����
Mayor
ATTEST:
City Secretary
��
APPROVID AS TO FORM AND LEGALITY:
i�
City Attorney
EXHIBIT '°A" TO
ORDIDIANCE NO. 84-86
"CC" COMMUNITY COMNiERCIAL ZONING DISTRICT
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ESTA6lISMED 1880
GAREY W.GILLEY B R O O IC E S BA{C E R S U R V EY O R S �ROOKES BAHER !1302-i9351
DON W.HICHEY A PROFE3SIONAL CORPORATION - � JOHN F. 6AKER.CONSULTANT
. C RICM/�RD DAVIS.JR. 5.J.BAKER,CONSUITANT
� TITLE AND TGPOGRAPHIC SURVEYING
FRED M.MORRIS
OROOKES BAKER BUILOING-611 E.BLUPF STREET
617-333-715i
METRO 429-6119
FORT WORTM�TEXAS 76102
September 17 , 1984
Page 1 of 1
Field notes for P�Ir . Larry Lightner for zoning for : -
Part of the 1�r . D . Shepherd Survey , Abstract No . 1393 , situated in the
City of Grapevine in Tarrant County , Texas ; and embracing a portion of
the 52-178/1000 acres tract described in the deed to Larry Lightner
recorded in volume 6152 , page 277 of the Tarrant County Deed Records .
Commencing at a 5/8" iron for the northwest corner of said 52-178/1000
acres tract in the west line of the said Shepiierd Survey and the east'
line of the J . S . Byrd Survey , Abstract No . 207 and then run , south no
degrees-no minutes-�7 seconds west 1106-55/ 100 feet and north 89
degrees-54 minutes-20 seconds east 1352-77/100 feet to a 1 "iron rod in
the south line oF said 5Z-178/1000 acres tract for the southwest and
beginning corner of the tract being described . .
Thence north 239-56/100 feet to a point for corner .
Thence north 41 degrees-OS 1 /2 minutes east 302 feet to the scuth line
of the tract described in the deed to the City of Grapevine recorded
in volume 5228 , page 1 of the said Deed Records for Timberline Drive .
Thence along a curve to the left tivith a radius of 36G5-99/100 feet for �
the south line oP said City tract for Timberline Drive a� arc length
of 303-60/100 feet , the long chord of said 303-60/100 feet arc is
south 87 degrees-27 minutes-27 seconds east 303-50/1U0 feet .
Thence south 452-70/100 feet to the south line of said 52-178/1000
acres tract .
Thence � outh £i9 deqrees- 5A minut�s-20 seconds west , alonq the said
south line of the 52- 17 £3/ 100� acres tract , 501 -90/100 Feet to the
place of beg.inning and containing 4-795/1000 acres .
Prepared September , 1984 .
aROCKES BFlKER SURVEYORS
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