Loading...
HomeMy WebLinkAboutORD 1984-033 ORDINANCE NO. 84-33 AN ORDINANCE 1�DING ORDINIINCE N0. 82-73, THE CO:KPREE�ISIVE ZONING ORDINANCE OF � CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO KNOWN AS APPII�iDIX "D" OF THE CITY CODE OF GI�PEVINE, TEXAS, AND AMII�IDING ORDINANCE N0. 70-10, SAME BEING ALSO KNC7N7N AS - APPII�DIX "A" OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS, GRANTING VARIOUS ZONING CHANGES ON PARCELS OF LAND, DESCRIBID BY METFS AND BOUNDS DESCRIPTIONS IN THE BODY OF THIS ORDINANCE, SIT[JATID IN THE CITY OF GRAPEVINE, TARRANT COUNTY, Z�XAS; ORDERING CHANGES IN THE USFS OF SAID PROPERTIES TO VARIOUS USFS AUTHORIZED AND PERMZTI� UNDIIZ COMPREEIII�ISIVE ZONING ORDINANCE N0. 82-73; CORRECrING THE OFFICIAL ZONING MAP; PRESERVING AIZ 0'I'I�R PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SE�lER�1BILITY; DEI'ER- MINING THAT THE PUBLIC INI'ERESTS, MORAIS AND GEDTIIlAL WELFARE DF�'1AND A ZONING CHANC� AND AMIIVDN�I' 'I'�2EIN MADE; PROVIDING A PEL�ALTY NOT TO F�CEID THE SUM OF ONE THOUSAND DOLLAR.S ($1,000.00) AND A SEPARATE OFFE[�iSE SHAIZ BE DF.EN�D CONll�1IZ'I'ED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECI,ARING AN II�RGE[�TCY 4�If�FtEAS, applications were made to aanend 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 camplied with, the case having come before the City Council of the City of Grapevine, Te�s, after all legal notices requirements, conditions and prerequisites having been cc7mplied with; and, Wf�RE'�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 deternnination 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 fram 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 praperty, 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 pramotion of health and the general welfare, effect on light ar_d 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, _ Wf�RFZ�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 maki.ng 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 fram 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, WHEREA,S, 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, HfHERE1�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 d�nands it, that the public interest clearly requires the amenc�hnent, 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, WHEIZEAS, the City Council of the City of Grapevine, Te�s, does find that the change in zoning lessens the congestion in the streets, helps secure safety from 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 ot transportation, water, sewerage, schools, parks and other public requirentients; and, W�, the City Council of the City of Grapevine, Texas, has deternu.ned 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, Te�as, and helps promote the general health, safety, and welfare of this conanunity. NOW, 'I'�IF�2EFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TEIE CITY OF GRAPEVINE, TEXA.S: Section 1. That the City of Grapevine Ordinance Nos. 70-10 and 82-73, being the Comprehensive Zoning Ordinances of the City of Grapevine, Texas, same being also Jmawn as Appendixes "A" and "D" respectively of the City Code of Grapevine, Texas, be, and the same are hereby a�nded and changed in that the use of the following described parcels of land, the legal descriptions of which parcels are attached hereto and made a part hereof by this reference, be, and it is hereby reclassified as follaws: PAE2CEL NO. FROM TO A) 105 Specific Use & Site Plan CN B) 108A C-2 PO C) 1B R-1 R-7.5 D) 132A C-2 PO E) 77B I-1 CC Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached structures, irrespective of the zoning category, shall be deemed confonning and legal and not non-confornting. � Section 3. All Specific Use permits or Site Plan District zonings that have heretofore been approved for the public storage, sale, and consiunption of alcoholic beverages within the legal descriptions contained in this ordinance are hereby declared to be continuing legal and valid whether already in operation or not. Section 4. 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 5. 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 6. That the zoning regulations and districts as herein established have been made in accordance with the camprehensive plan for the purpose of prcmx�ting health, safety, morals and the general welfare of the ccmmunity. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to Iessen congestion in the streets; to secure safety frcgn 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 requiren�ents, and to make adequate provisions for the norn�al business, conut�ercial needs and develognent of the coirununity. 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 con�nunity. Section 7. 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 8. That the tezms 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 sha.11 not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 9. That any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of thP require�nents thereof, or who shall build or alter any building or use in violation of any detailed statement or plan sukniitted 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 pern�itted to exist shall constitute a separate offense. The owner or awners 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 eqnployed in connection therewith, and who may have assisted in the cca�mission 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 pow�r to enforce the provisions of this ordinance through civil court action as provided by state law. Section 10. The fact that the present zoning ordinance and regulations of the City of Grapevine, Te,xas 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 i.�nediate presezvation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall became 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 tYiis the 7th day of June, 1984. APPROVED: � Mayor ATrEST: City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney �-- Parcel 105 - "CN" Neighborhood Commercial District BEING a parcel of land in the City of Grapevine , Tar- rant County, Texas , being more particularly described as follows: BEGINNING at the intersection of the south right-of- way line of Mustang Drive and the east right-of-way line of Tanglewood Drive; THENCE easterly along the south right-of-way line of Mustang Drive, a distance of 246 . 0 feet, more or less , to a point for corner; THENCE southerly, a distance of 150 feet, more or less , to a point for corner; THENCE westerly a distance of 206 . 28 feet, more or less, to a point being in the east line of Tanalewood Drive; THENCE northerly, along the east right-of-way line of Tanglewood Drive, a distance of 159 . 23 feet, more or less , to the POINT OF BEGINNING. � � PARCEL 108A - "p0" Professional Office District LEGAL DESCRIPTION SURVEY AND FIELD NOTES FOR THRF'E TRACTS OF LAND OUT OF THE C. B. MCDONALD SURVEY , ABSTRACT N0. 1013 , TARRANT COUi�ITY, TE`.�S , AND i�iORE PARTICULARLY A PORTION OF A 1. 0 ACRE TRACT OF L�ND CONVEYED TO ERNEST E. COTE , AND WIFE WANDA GEAN COTE , ' BY DEED OF RECORD IN VOLUME 4099 , PAGE 11 , DEED RECORDS , TARRANT COUNTY, TEXAS , AND BEING DESCRIBED BY METES AND BOUNDS AS FILLOWS : TRACT 1 BEGINNING AT AN IRON PIN , SAID POINT BEING NORTH 104. 1 FEET OF THE SOUTHEAST CORNER OF SAID COTE 1. 0 AC:ZE TRACT; THENCE SOUTH 54 DEGREES 27 MINUTES WEST 134. 6 k'EET TO AN IRON PIN FOR CORNER; THENCE NORTH 36 DEGREES 11 MINUTES WEST 89 . 0 FEET TO AN IRON PIN FOR CORNER; � THENCE NORTH 19 DEGREES 26 MINUTES ��TEST 30. 7 FEET TO AN IRON PIN IN THE SOUTHEASTERLY �IGHT-OF-jJAY LINE OF STATE HIGHWAY N0. 121 ; THENCE NORTH 54 DEGREES 27 MINUTES EAST ALONG SAID SOUTHEASTERLY RIGHT- OF-WAY LINE 211. 7 FEET TO AN IRON PIN FOR CORNER; � �� THENCE SOUTH 145 . 6 FEET TO THE POINT OF BEGINNING AI�1D CONTAINING 0.48 ACRES OF I�ND. TRACT 2 BEGINNING AT AN IRON PIN AT THE SOUTHEAST CORNER OF SAID COTE l . Q ACRE TR.ACT; � THENCE WEST 192. 8 FEET TO AN IRON PIN FOR CORNER; THENCE NORTH 35 DEGREES 11 MINUTES WEST 91. 4 FEET TO AN IRON PIN IN THE SOUTHEASTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY N0. 121; THENCE NORTH 54 DEGREES 27 MINUTES EAST ALONG SAID SOUTHEASTERLY RIGHT- OF-WAY LINE 89 . 8 FEET TO AN IRON PIN FOR CORNER; THENCE SOUTH 19 DEG�ZEES 26 MINUT:.S EAST 30 . 7 FEET TO AN IRON PIN FOR CORNER; THE`ICE SOUTH 36 DLGREES 11 .�INU'rES iAST 89 . 0 FEET TO AN IRON PIN FOR C0:2^1ER; THENCE NORTH 54 DEGREES 27 MINUT�S EAST 134. 6 FEET TO AN IRON PIN FOR CORNER; T:'.ENCE SOUTH 104. 1 FEET TO THE POINT OF BEGINNING AND CONTAINING 0 . 39 ACRES OF LAND. TRACT 3 BEGIi1T;ING AT AN IRON PIN , OTEDIPOIACREETRACTEST 192 . 8 FEET FROM THE , SOUTHEAST CORNER OF SAID C � THENCE WEST 157 . 2 FEET TO A PIPE FOR COIZIVER IN THE SOUT��EASTERLY RIGHT-OF-��JAY LI;1E OF STATE HIGHWAY NO . 121 ; THEiICE NORTH 54 DEG�EES 27 MINUTES EAST ALONG SAID SOUTHEASTERLY RIGHT-OF-t•JAY LZ��E 128 . S FEET TO AN IRON PIN FOR CORNER: THE`;C� SOtiTH 35 :�EG���ES 11 i�1Ii1UT�S EAST 91. 4 FEET TO THE POINT OF BEGI�;i�IING aND CO:�TAIi�Ii�G 0 . 13 AC:ZES OF LAND . Parcel 1B - "R-7 . 5" Single-Family Dwelling District � BEGINNING at a point in the center line of Kimball Road, said point being 325. 0 feet, more or less , east of Corps of Engineers Monument C-210-A-1 ; THENCE N 89 ° 54 ' E, a distance of 488 . 0 feet, more or less, to a point in the center line of Kimball F.oad; S 30° 08 ' W a distance of 27 . 0 feet, more or less , to Corps of Engineers Monument C-210-A-2� THENCE S 30° 08 ' W, a distance of 339 . 0 feet, more or less , to Corps of Engineers Monument C-210-A-3 ; THENCE S 05° 06 ' W, a distance of 409 .4 feet, more or less, to Corps of Engineers �onument C-210-A-4 ; THENCE N 50° 29 ' W, a distance of 302 . 2 feet, more or less, to Corps of Engineers Monument C-210-A-5; THENCE S 54° 10 ' W, a distance of 221 . 8 feet, more or less, to Corps of Engineers Monument C-210-A-6 ; THENCE S 15° 13 ' W, a distance of 140 . 6 feet, more or less, to Corps of Engineers Nonument C-210-A-7 ; THENCE N 32° 26 ' L�, a distance of ].59 .3 feet, more or less, to Corps of Engineers D�onument C-210-A-8 ; THENCE N 28° 47 ' E, a distance of 383 . 6 feet, more or less, to Corps of Engineers Monument C-210-A-9 ; THENCE N 30° 57 ' 4^7, a distance of 352 .4 feet, more or less, to Corps of Engineers Monument C-210-A-1 ; THENCE N 89° 54 ' E, a distance of 325 . 0 feet, more or less, to the POINT OF BEGINNING. � � � � Parcel 132A - "PO" Professional Office District Survey and Field Notes for a tract of land out of the William Dooley Survey, Abstract No. 422 , Tarrant County, Texas, and being described by metes and bounds as follows : BEGINNING at an iron pin, said pin being 30 . 0 feet �+7est �ind 1019 . 0 feet North of the Southeast corner of said Dooley Survey and t1-�.e Southwest corner of the P. D. Hudgins Survey, said point being in the West line of County Road No. 3128 , (Berry Lane) , said point als� being in tre North line of a 60 foot strip dedicated for a street in Volume 3759 , Page 561 , Deed Records, Tarrant County, Texas; THENCE N 88° 2F ' 6V, 510 . 85 feet along the North line of said dedicated street to an iron �in for corner; THENCE North 1036 .4 feet to an iron pin in the South liiie of Nash Street; THENCE S 88° 26 ' E along the South line of Nash Str?et 510. 85 feet to an iron pin in the West line of County Road No. 3128 (Berry Lane) ; THEI�CE South, along the Ydest line of said County Road 1036 .�� feet to the POINT OF BEGINNING and containina 529 , 247 square feet or 12 . 15 acres of land. ; i ; , { r Parcel 77B - "CC" Community Commercial District The following described tract or parcel of land situated in the B. B. B. & C. RR. Co. Survey, Abstract No. 205 , Tar- rant County, Texas , and being the sa..�e tract as r-ecorded on Page 897 of Volume 7196 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNInG by de�d at the Southwest corner of said B. B. B• & C. RR. Co. Survey an�3 being in tY:e approximate center line of County Road No. 304C� (Nintei�s Chapel Road) ; THENCE North along the approximate center line of said Courity Road No. 3040 (Minters Chapel Road) a distance of 802 . 36 fE�et; THiNCE S 88° 37 ' 15" E, at a distance of 24 . G feet to the Eas�t line o:E said County Road P�o. 3040 (Minters Chapel Road) , a total dist�ance of 125 . 0 feet to the Southeast cor- ner of a tract as conveyed to the City of Grapevine, Texas by deed recorded on Page 267 of Volume 3�?52 in the Tarrant County Deed Records; THENCE North a distanc:e of lOC . O feet to the rlortheast corner ot� said City of Grapevine tract; THENCE N 88° 37 ' 15" W, at a distance of 101 . 0 feet to the East line of said County Road No. 3040 (Minters Chapel Road) , a total distance of 125. 0 feet to the approximate center line of said County Road No. 3040 (Minters Chapel Road) ; THENCE North along the approximate center line of said County Road No. 3040 (Minters Chapel Road) a distance of 261 . 1 feet; THENCE S 89° 40 ' 35" E, at a distance of 24 . 0 feet to the East line of said County Road No. 3040 (Minters Chapel Road) and being S 0° Ol ' 20" E a distance of 476 . 65 feet from an old iron rod at the Northwest corner of a tract as recorded on Page 936 of Volume 6500 in the Tarrant County Deed Records, a total distance of 1129 . 39 feet to the West right-of-way line of Business State Highway No. 114 and being in the West line of a 48 . 49 acre tract (Tract 3) as recorded on Page 339 of Volume 5390 in the Tarrant County Deed Records and also being S 0° 12 ' E a distance of 291 . 6 feet from an old iron rod at the Northeast corner of a 5. 316 acre tract as recorded on Page 10 of Volume 6097 in the Tarrant County Deed Records and also being S 0° 12 ' E a distance of 330 . 14 feet from a concrete monument at the Northwest corner of said 48 . 49 acre tract; THENCE S 0° 12 ' E along the West right-of-way line of said Business State Highway No. 114 and along the West line of said 48 .49 acre tract a distance of 1170 . 26 feet to a concrete monument at the Southwest corner of said 48 . 49 acre tract and being N 0° 19 ' W a distance of 377 . 85 feet � from the .Southwest corner of a 3 . 051 acre tract (Tract 2) � as recorded on Page 339 of Volume 5390 in the Tarrant County � Deed Records and also being in the South line of said B. B. B. -- & C. RR. Co. Survey and in the North line of Isaiah Byrd Sur- vey, Abstract No. 120 , Tarrant County, Texas; THENCE N 89° 20 ' 05" W, at a distance of 1109 . 53 feet to an old angle iron in the East line of said County Road No. 3040 (Minters Chapel Road) , a total distance along the South line of said B. B. B. & C. RR. Co. Survey and along Page 1 Parcel 77B - "CC" Community Commercial District Page 2 the North line of an 18 . 436 acre tract as recorded on Paae 177 of Volume 4717 in the Tarrant County Deed Records a dis- tance of 1133 . 53 feet to place of beginning, containing 30 . 02 acres with approximately 0 . 586 acre being occupied by said County Road No. 3040 (Minters Chapel Road) leaving a net acreage of 29 . 434 acres of land more or less. � � I i � 4