HomeMy WebLinkAboutORD 1984-037 ORDINIINNCE N0. 84-37
AN ORDINANCE AN1E'NDING ORDINANCE N0. 70-10,
THE COMPREE�ISIVE ZONING ORDINANCE OF 'I'�iE
CITY OF GRAPEVINE, TEXAS► SANIE BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
UJT, TRACT, OR PARCEL OF LAND LYING AND
BElNG SITUATED IN TARRANI' COUNTY, TEXAS,
BEING A PART OF THE H. DECKER SURVEY,
ABSTRACT NO. 438 AND THE J. GIBSON SURVEY,
ABSTRACT NO. 591, IN THE CITY OF GRAPEVINE,
TEXA.S, MpRE FULLY AND COMPLEI�Y DESCRIBID
IN TI-iE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM
"R-1" SINGLE-FAMILY DWELLING DISTRICT,
"C-1" NEIGHBORHOOD BUSINESS DISTRICT, "C-2"
COMMUNITY BUSINESS DISTRICT, "I-1" LIGHT
INDUSTRIAL DISTRICT, AND "SP" SPECIFIC USE
PERMIT DISTRICT UNDER ORDINANCE NO. 70-10
TO "PO" PROFESSIONAL OFFICE DISTRICT, "CN"
NEIGHBORHOOD CON�RCIAL DISTRICT, AND "HC"
HIGE3VdAY CONIl�IERCIAL DISTRIGT UNDER ORDINANCE
N0. 82-73; RECOCTTIZING TI� �ISTING USE FOR
THE SAI� AND STORAGE OF RAILROAD TIES; COR-
REC.TING TI� OFFICIAL ZONING MAP; PRESERVING
ALI, OTHER PORTION5 OF Tf� ZONING ORDINANCE;
PROVIDING A CL�P,USE REI�ATING TO SE'VER-
ABILITY; DETERNLIl�IING THAT THE PUBLIC
�'i'FRFSTS, I�YJRALS AND GIIVERAL WELFARE
DF�IAND A ZONING CHANGE AND AN�NDMII�'I'
THF:RFIN N1ADE; PROVIDING A PE�IALTY NO'I' TO
EXCEm THE SUM OF ONE THOUSAND DOT,TARS
($1,000.00) AI�ID A SEPARATE OFFII�ISE SHAI� BE
DEE�D COMMITI�D UPON EACH DAY DURING OR ON
WHIC�i A VIOLATION OCCURS; AND DECI,�IRING AN
ENIERG�CY
W�-]ERE',�1S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
C�anission 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 come before the City Council of the City of Grapevine, Te�s, after all -
legal notices requiren�ents, conditions and prerequisites having been complied
with; and,
WI-iEREA,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
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 inunediately surrouncting the site; safety from fire
hazards and n�asures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular
and stationary lights and pffect 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 inmediate neighborhood, adequacy of parking as detennined 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 pr�tion 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,
[�, 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 dete�ination as to whether this
requested change should be granted or denied; effect on the congestion of the
streets, the fire haza�_ds, panics and other dangers possibly present in the
securing of safety fr�i same, the effect on the prcxnotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrowding of the lan.d, the effect on the concentration of population, the
effect on the transport��tion; water, sewerage, schools, parks and other public
facilities; and,
[nhIEREAS, 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,
WHEREAS, the City �.ouncil 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 interE�st 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 investznent was made; and,
H�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 from fire, pani.c and other dangers; pronx�tes health and the general
welfare; provides adec�zate light and air; prevents the overcrowding of land;
avoids undue concentrat:ion of population; facilitates the adequate provisions
of transportation, w�ter, sewerage, schools, parks and other public
requir�nents; and,
Wf�RF�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 determiried 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 �n the best interest of the public at large, the
citizens of the City of Grapevine, Texas, and helps promote the general
health, safety, and wel.fare of this co�ununity.
NOW, THEREFORE, l3E IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Canprehensive Zoning C�rdinance 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 H. Decker Survey, Abstract No. 438 and
the J. Gibson Survey, Abstract No. 591, in the City of Grapevine, Tarrant
County, Texas, more fully and canpletely described in Exhibits "A" and "B",
attached hereto and made a part hereof, which was previously zoned "R-1"
Single-Family Uw�lling District, "C-1" Neighborhood Business District, "C-2"
Cott4nunity Business D_�strict, "I-1" Light Industrial District, and "SP"
Specific Use Permit District �n accordance with Ordinance No. 70-10 is hereby
changed to "PO" Profe:ssional Office District. "CN" Neighborhood Con�ercial
District, and "HC" Hi_ghway Comnercial District, as delineated in attached
F�hibits, all in accordance with Ccanprehensive Zoning Ordinance No. 82-73, as
amended.
Section 2. The existing sale and storage of railroad ties is hereby
recognized and conti.riued as a legal, conforming use, which use may be
continued and expanded in accordance with the requirements and conditions of
the "I-1" Light Industrial Zoning District regulations of Ccxnprehensive Zoning
Ordinance No. 70-10.
Section 3. A1:1 property heretofore developed for single-family
residential purposes by the construction of single-family, detached
structures, irrespecti_ve of the zoning category, shall be deemed conforniing
and legal and not non-confozming.
Section 4. All SF�ecific Use Pernlit� cr Site Plan District zonings that
have heretofore been approved for the public storage, sale, and cons�unption of
alcoholic beverages within the legal descriptions contained in this ordinance
are hereby declared t�� be continuing legal and valid whether already in
operation or not.
Section 5. The City Manager is hereby ciirected to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
zoning.
Section 6. 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 perti.nent ordinances .of the City of Grapevine, Texas.
Section 7. That. the zoning regulations and ctistricts as herein
established have been made in accordance with the comprehensive plan for the
purpose of pramoting health, safety, m�rals and the general welfare of the
conmunity. They have :been designed with respect to both present conditions
and the conditions rea:sonably anticipated to exist in the foreseeable future,
to lessen congestion iri 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 requirements, and to make adequate provisions for the
normal business, co��er�cial needs and develogneazt of the coimlunity. They have
been made with reasonak�le consideration, among other things, of the character
of the district, and it.s 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 commur.ity.
Section 8. This ordinance shall be c�nulative of all other ordinances of
the City of Grapevine, Texas, affecting zoning and shall not repeal any of the
provisions of said ord.inances e�cept in those instances where provisions of
those ordinances which� are in direct conflict with the provisions of this
ordinance.
Section 9. That the tern�s 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 descri.bed 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 10. 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
requir�nts thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan su�mitted and approved hereunder,
shall be guilty of a misder.�anor and shall be liable to a fine of not more
than one thousand dol7_ars ($1,000.00) , and each day such violation shall be
permitted to exist sha.11 constitute a separate offense. The owner or owners
of any building or premises, or part ttiereof, where anything in violation of
this ordinance shall :be placed or shall exist, and any architect, builder,
contractor, agent, pez-son, or corporation employed in connection therewith,
and who may have assisted in the conmission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City o:E Grapev�ne, likewise, shall have the pawer to enforce
the provisions of this ordinance through civil court action us provided by
state law.
Section 11. The fact that the present zoning ordinance and regulations
of the City of Grapevine, Texas are inadequate to properly safeguard the
health, safety, moral�:, peace, and general welfare of the inhabitants of the
City of Grapevine, Te�:as, creates an enuera,ency for the inmediate preservation
of the public busines,s, property, health, safety and general welfare of the
public which requires that this ordinance shall beccgne effective fran and
aftex the date of its final passage, and it is accordingly so ordained.
PASSID AND APP1�lID by the City Council of the City of Grapevine, Texas
on this the 14th day af June, 1984.
APPRCJVID:
�
Ma or
A'PI'EST:
���
Cit Secretary
APPROVED AS TG FORM AND LEGALITY:
�
City Attorney
EXHIBIT "A" PAGE 1 , TO
ORDINANCE NO. 84-37
TRACT 149
CN NEIGHBORHOOD COP�".NIERCTAT,
BEING a parcel of land in Grapevine, Tarrant County, Texas, and
being more particularly descriJ�d as follows:
4 CC'�M�TCIIv�G at the Southwest corner of the H. Decker Survey,
Abstract 438,
Tf��TCE, Wester_Ly, a distance of 470.0 feet, more or less, to a
point, said point being the TRUE POINT OF BEGII��]ING;
T��TCE, Northwesterly, a distance of 1100.0 feet, more or less, to
a point in the cente�rline of State Highway 26;
T��TCE, SouthwE�sterly, along the centerline of State Highway 26, a
distance of 700.00 :Eeet, mare or less, to a point in the centerline of
Big Bear Creek;
T��CE, Southe:rly, meandering along the centerline of Big Bear
Creek, a distance of 1030 feet, more or less, to a point on the north
line of the R. Chowing Survey Abstract 294;
THE'1��E, Easter:Ly , with the North line of R. Chawing Survey, a
distance of 980 feet:, mr�re or less, to the POINT OF BEGINNING.
HC HIGH[�TAY CC1N'�'•RCIAL
�� BEING a parcel of land in Grapevine, Tarrant County, Tey,as, and
being more particularly described as follows;
BEGINNING at a. point in the West line of the H. Decker Survey,
Abstract 438, said I�oint being located 840 feet, mr�re or less, North of
the Southwest corner of said survey, said point being the TRUE POINT QF
BEGINNII�;G;
Tf�ICE, Easterly, a distance of 210.0 feet, mr�re or less, to a
point;
Tf�CE, Northerly, a distance of 40.0 feet, m�re or less, to a
point;
Tf�10E, Northeasterly, a distance of 1150.0 feet, more or less, to
a point;
Ti�7CE, NorthwE_sterly, a distance of 220.0 feet, more or less, to a
point;
Tf�10E, Northeasterly, a dist�nce of 340.0 feet, more or less, to a
point;
.�'
EXHIBIT "A" PAGE 2, TO
ORDINANCE NO. 84-37
Tract 149 continued
HC Highway C�ca�rcial
T��ICE, Northerly, a distance of 560.0 feet, m�re or les�, to a
point on the centerline of State Highway 26;
Tf�10E, Southwesterly, along the centerline of State Highway 26, a
distance of 2540.0 feet, more or less, to a point in the centerlir�e of
State Highway 26;
TF�10E, Southeasterly, a distance of 350.0 feet, more or less, to a
point;
T��ICE, Easterly, a distance of 650.0 feet, mr�re or less, to a
point, said point being the POINT OF BEGINNING.
PO PROFESSICNAL OFFICE
BEI1`G a parcel of land in Grapevine, Tarrant County, Texas, and
being more particularly described as fcllows:
BEGINNING at the point of the Southwest corner of H. Decker Survey,
Abstract 438, said point being the FOINT OF BEGINNING;
2'��10E, Northerly, a distance of 750.0 feet, more or less, to a
point;
Tf�10E, Westerly, a distance of 650.0 feet, more or less, to a
Point%
Tf�10E, Southeasterly, a distance of 750.0 .f.eet, more or less, to a
point;
Tf-iII�?CE, Easterly, a distance of 470.0 feet, more or less, to a
point, said point being the POINT OF BEGIIQNING.
Field notes prepared from City Base Maps
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