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HomeMy WebLinkAboutORD 1984-035 M � ORDINANCE NO. 84-35 AIv' ORDINANCE AME[VDING ORDINAI��CE N0. 70-10, THE COMPREI�TSIVE ZONING ORDINANCE OF TF� CITY OF GRAPEVINE, Z�S, SAME BEING ALSO KNOWN AS APPENDIX "A" OF � CITY CODE OF GRAPEVINE, TEXAS, GRAN'I'ING A ZONING CI-IANGE ON A TR�CT OF I,AND DESCRIBID AS BEING A IAT, TRACT, OR PARCEL OF LAND LYING AND BEII�;G SITUATID IN TARRANT COUNTY, TEXAS, BEING A PART OF THE W. DOOLEY SURVEY, ABSTRACT N0. 422, Tf� W. BRADFORD SURVEY, ABSTRACT NO. 131, THE P. D. HLTDGINS SURVEY, ABSTRACT NO. 755, AND TF� I. BYRD SURVEY, ABSTRACT NO. 120, IN TI� CITY OF GRAPEVINE, TEXA.g, MpRE FUI1I,y AND COMPLETE��Y DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN TI-iE USE OF SAID PROPER'IY FROM "R-1" SINGLE—FAMILY DWELLING DISTRICT, "C-2" CONIl"IUNITY BUSINESS DISTRICT, "L—I" LIMITID INDUSTRIAL DISTRICT, AND "I-1" LIGHT INDUSTRIAL DISTRICT UNDER ORDINANCE NO. 70-10 TO "PO" PROFFSSIONAL OFFICE DIS— TRICT AND ��PCD�� PI�INNID CONdKERCIAL DEVEL�OP— MII�rI' DISTRICI' UNDER ORDINANCE NO. 82-73; CORRECTING Tf� OFFICIAL ZONING MAP; PRE— SERVING AL�L OTHII2 PORTIONS OF TF� ZONING ORDINANC�; PROVIDING A CLAUSE REI�ATING TO SE�IERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORAI�S AI�TD (�F.'I�TF:RAT, jn1EL,FARE DEMAND A ZONING CHANGE AND AN�DN�I'I' THEREIN MADE; PROVIDING A PINALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOLL,ARS ($1,000.00) AND A SEPARATE OFFENSE SFiAL�L BE DEENIED CONA'1ITTID UPON EACH DAY DURING OR ON WHICfi A VIOLATION OCCURS; AND DECLARING AN II�iERC�TCY WHF',REAS, 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 requiremeants, 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, 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 motoring public and the pedestrians using the facilities in the area immediately 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 imnediate neighborhood, adequacy of parking as determined by �= requirerrients 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, 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 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, H�, 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�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 requixes 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�me their original invest�nent was made; and, Hff�REAS, 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; promotes 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 requirements; and, �, 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 welfare of this co�nunity. NOW, TIiII�EFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TE� CITY OF GRAPEVINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "A" 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. Dooley Survey, Abstract No. 422, the W. Bradford Survey, Abstract No. 131, the P. D. Hudgins Survey, Abstract No. 755, and the I. Byrd Survey, Abstract No. 120, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Fxhibits "A" & "B", attached hereto and made a part hereof, which was previously zoned "R-1" Single-Fami.ly Dwelling District, "C-2" Catrrtnunity Business District, "L-I" Limited Industrial District, and "I-1" Light Industrial District, in accordance with Ordinance No. 70-10, is hereby changed to "PO" Professional Office District and "PCD" Planned Commercial Develognent District (as delineated in attached Exhibits) , all in accordance with Ccxnprehensive Zoning Ordinance No. 82-73, as amended. Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached structures, irrespecitive of the zoning category, shall be deemed conforming and legal and not non-conforming. Section 3. 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 4. 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 5. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of pranoting health, safety, morals and the general welfare of the cc�anntuzity. 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 frcm 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 �rater, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and develognent 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 conanunity. Section 6. 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 7. 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 8. 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 sul�iitted 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 9. 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.m'riediate 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 llth day of June, 1984. APPROVED: , r � � �' Mayor '; ATTE.ST: City Secretary APPROVID AS TO FORM AND LEGALITY: ,= �� City Attorney ' EXHIBIT "A, PAGE 1 . TO ORDINANCE NO. 84-35 LEC'�L DESCRIPTION PAFtCEIS 77A, 78A, 132B ORDINANCE 84-35 �-, I � I PO DISTRICT U Being a tract of land situated in the W. Dooley Survey, Abstract No. 422 and the W. Bradford Survey, Abstract No. 131, Tarrant County, Texas, and being more particularly described as follaws: Beginning at a point located N 88° 26' 0"W a distance of 540.85 feet and North a distance of 1019.0 feet from the Southeast corner of said Dooley Survey, said point also being the Southeast corner of the Grapevine Municipal Complex Addition as recorded in Voltune 388-197, Page 7, Tarrant County Deed Records; 'I�CE, South 1620 feet, more or less, to a point on the North R.O.W. line of State Highway 114; .—, Tf�TCE, Northwesterly along said North R.O.W, line of S.H. 114, a distance of 550 feet, more or less, to a point; Tf�NNCE, ri 0° 23' 42"E, a distance of 260.60 feet, more or less, to a point; Tf�10E, N 89° 37' 04"W, a distance of 165 feet, more or less, to a point; T��TCE, S 0° 23' 42"W, a distance of 15 feet, more or less, to a Point% THENC.�, North 89° 37' 04"W, a distance of 180.10 feet, said point being in the East R.O.W. line of Main St. (Spur 103) , same being North 0° 09' 31"E, a distance of 115 feet, more or less fr�n the most Northerly � intersection of the North R.O.W. line of State Highway 114 and the said East line of Main 5t.; Tf�TCE, Northerly along the East R.O.W. line of said Main St., a distance of 1430 feet, more or less, to a point; • EXHIBIT "A" , PAGE 2 _ TO ORDINANCE NO. 84-35 'I'fIE[vCE, East a distance of 440 feet more or less, to the Southernmost, Southwest corner of the said Grapevine Municipal Complex Addition; TF�10E, S 88° 25' 19"E, a distance of 511.06 feet to the POINT OF BEGINDTING. Campiled fram City Base Maps, City Records and Field Notes suY_xnitted by the land owner. � J.R. Baddaker, P.E. Direc�or of Public Works � - G - g� � EXHIBIT "B" , PAGE 1 - TO ORDINANCE N0 . 84-35 T,FX'3AT, DESCRIPTION PARC.�L.S 77A, 78A, 132B ORDINANCE 84-35 PCD DISTRICT Being a tract of land situated in the W. Dooley Survey, Abstract No. 422, W. Bradford Survey, Abstract No. 131, P.D. Hudgins Survey, Abstract No. 755 and the I. Byrd Survey, Abstract No. 120, Tarrant County, Texas, and being more particularly described as follows: Beginning at a point located N 88° 26' 0"W, a distance of 540.E5 and North a distance of 1019.0 feet frcan the Southeast corner of said Dooley Survey, said point also being the Southeast corner of the Grapevine Municipal Complex Addition as recorded i.n Voltune 388-197, Page 7, Tarrant County Deed R�ecords; Tf�iC�, S 88° 25' 19"E, a distance of 530 feet, more or less, to a point in the West line of the said P.D. Hudgins Survey; g THII�TCE, North with the West line of said P.D. Hudgins Survey, a distance of 1060 feet, more or less, to the South R.O.W. line of Nash Stxeet; Tf�IC�, East with the South R.O.RT. line of Nash Street, a distance of 30 feet, mc�re or less, to a point on the East R.O.W. line of Nash Street; 'I'fIET10E, North with the said East R.O.W. line of Nash Street, a distance of 180 feet, more or less, to a point; T��10E, East a distance of 280 feet, more or less, to a point; THETICE, North, 450 feet, more or less, to a point in the South R.0.V7. line of Dallas Rd.; T��TCE, Easterly along the said South R.O.W. line of Dallas Rd., a distance of 2360 feet, more or less, to the West R.O.W. line of Minters Chapel Rd.; Tf�TCE, Southerly along the West R.O.W, line of Minters Chapel Rd. , a distance of 2590 feet, more or less, to a point, said point being located N 89°W 25 feet, more or less, fran the Northwest corner of said Byrd Survey; r EXHIBIT "B" , PAGE 2 TO ORDINANCE NO . 84-35 Tf�NGE, S 89°E, a distance of 1438.19 feet, more or less, to a point on the West R.O.W. line of SPUR 382 (Business 114) ; 'I'��TC�, South with said West R.O.W, line a distance of 390 feet, more or less, to a point in the North R.O.W. line of S.H, 114; 'I�TCE, Westerly with the North line of said North R.O.W. line, a distance of 4500 feet, more or less, to a point, said point being Easterly along said North R.O.W. line, a distance of 890 feet, more or less, fran the intersection of the North R.O.W. line of S.H. 114 and the East R.O.W. line of SPUR 103 (Main St.) ; Tf�TTCE, North 1620 feet, more or less, to the TRUE POINT OF BEGINNING. Compiled fro�n City Base Maps, City Records and Field Notes supplied by the land owner. , J.R. Baddaker, P.E. Director of Public Works 6-:�o °- SG