HomeMy WebLinkAboutORD 1984-039 ORDINANCE NO. 84-39
AN ORDINANCE AMII�IDING ORDINANCE NO. 70-10,
THE COMPREHIIVSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, T�S, SAME BEING ALSO
KNOWN AS APPIIVDIX "A" OF THE CITY CODE OF
GRAPEVINE, TF�S, GRANI'ING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEIl`IG A
TAT, TRACI', OR PARCF� OF L�AND LYING AND
� BEING SITCTATID IN THE CITY OF GRAPEVINE,
3
i TARRANT COiJNTY, TF�AS, MORE F'UI�I,Y AND
� COMPLE'I�LY DESCRIBID IN THE BODY OF THIS
4 ORDINANC�; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM "C-2" COMMUNITY BUSINESS
ZONING DISTRICT UNDER ORDINANCE NO. 70-10
TO "CN" NEIGHBORHOOD CONIl�IERCIAL ZOTTING
DISTRICT AND "R-TH" 'I'GWWNHOUSE ZONING
DISTRICT U�1DER ORDIN�INCE NO. 82-73; COR-
RF]CTING TI� OFFICIAL ZGNIDIG N1AP; PRESERVING
AI�L OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CI�AUSE REL,ATING TO SEVEFZ �
ABILITY; DE'I�RMINING THAT THE PUBLIC
INTERESTS, MORALS AND GII�L L'�LELFARE
DII�ND A ZONING CHANGE AND ANff�IDMENT
Tf�2EIN MADE; PROVIDING A PENALTY DIOrI' TO
EXCEID Z� SUM OF ONE THOUSAND DOLT�?S
($1,0 0 0.0 0) AND A SEPP.RATE OFF'EDtSE SHALL BE
DEII��D COMMITI'ED UPON EACH DAY DURING OR ON
6�iICH A VIOLATION OC'CURS; AND DECI�ARIPZG AN
Fd�RGENCY
WHEREAS, 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
� fhe zoning ordinances of the City of Grapevine, Texas, and all the legal
requirements, conditions and prerequisites having been co�lied 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 co�lied
with; and,
Wf-IERF',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 motoring public and the pedestrians using the facil-
ities in the area in�nnediately surrounding the site; safety fr�n fire hazards
and measures for fire control, protection of adjacent property frcm flood or
water damages, noise producing elements and glare of the vehicular and sta-
tionary lights and effect of such lights on established character of the
neighborhoocl, location, lighting and types of signs and relation of signs to
traffic contsol and adjacent property, street size and adec�.ia.cy of width for
traffic reasonably expected to be generated by the proposed use around the
site and in the inmlediate 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 promotion of health and the general welfare, effect on light and
� air, the effect on the overcrawding of the land, the effect on the concen-
a tration of population, the effect on the transportation, water, sewerage,
; schools, parks and other facilities; and,
WI-�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, Texas, did
consider the following factors in making a deternzination 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 tYie pramotion of health and the
general welfare, effect on adequate light ar.d air, the effect on the over-
craading of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
�r�FiFRF.AS� 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 appro-
priate 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 requires the amend�nt, 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 i.nvestrrent was made; and,
�
W'�REAS, the City Council of the City of Grapevine, Texas, does find that
T the change in zoning lessens the congestion in the streets, helps secure
safety fran fire, panic and other dangers; prcxnotes health and the general
welfare; provides adequate light and air; prevents the overcrawding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public require-
ments; and,
WHEREAS, 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, Tf�REFORE, BE IT ORDAINID BY THE CITY COUNCIL OF TI� CITY OF
GR�IPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
� Ccx�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also l�awn 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 follawing described
� property, to�tit:
Being a tract of land located in the City of Grapevine, Tarrant County,
Texas, more fully and co�letely described in E�hibit "A", attached hereto and
made a part hereof, which was previously zoned "C-2" Comnunity Business Zoning
District is hereby changed to "CN" Neighborhood Ca�nercial Zoning District,
with "R-TH" Taanhouse Zoning District on the most northerly ±5 acres, all in
accordance �vith Comprehensive Zoning Ordinance No. 82-73, as amended (see
attached F�hibit) .
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 estab-
lished have been made in accordance with the co�rehensive plan for the
; puz.pose of promoting health, safety, m�rals and the general welfare of the
= c�nity. 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 overcraading 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
nornial business, commercial needs and developic�ent of the ca�nunity. They have
been made with reasonable consideration, amr�ng 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 appro-
priate use of land throughout the comrninity.
Section 5. 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 6. 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 7. That any person or corporation who shall violate any of the
provisions of this ordinance or fail to co�ly 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 submitted and appraved 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 sha11 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 e.xist, and any architect, builder,
contractor, agent, person, or corporation employed in connection therewith, �
and who may have assisted in the canmission 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, sr.all 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
tY:e 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 �iate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective from 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 14th day of June, 1984.
APPROVED:
� �''
Mayor� �
ATTEST:
City Secretary
APPROVED AS TO FORM AND LEGALITY:
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F
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City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 84-39
PAGE 1 of 2
LEGAL DESCRIPTION
FiII1RY S. MILLER PROPERTY
Parcel 24-B
E�hibit No. 22
property Description - CN Tract
All that certain tract or parcel of land situated in the City of
�
Grapevine, Tarrant County, Texas to wit:
Beginning at a point, said point lying in a north-westerly direction
frcgn the intersection of the north R.O.W. li.r.e of State Highway 114 and
� the west R.O.W. line of Park Blvd. (100' R.O.W.) a distance of 317.82
feet along said west R.O.W. line;
THEIvTCE south 89° 15' 14" W, 202.79 feet;
Tf�ICE south 0° 23' W, 215.0 feet, to a point for corner in the north
R.O.W. line of State Highway 114;
TI�ICE along said north R.O.W. line due west, 60.03 feet; _
THENCE north 78° 23' W, 496.72 feet;
'I'f�10E north 7° 17' 44.7" E, 15.2 feet;
'I'HII�ICE north 74° 4' W, 143.78 feet;
Tf�10E north 0° 46' 30" E 641.07 feet, nx�re or less;
THFNCE south 89° 19' S1.1" E, 854.89 feet, nx�re or less, to a point for
cerner in the west R.O.W. line of Park Blvd;
Tf�10E scuth 0° 23' 39.6" W, 307.14 feet along said west R.O.W. line to
the beginning of a curve to the left;
= Z'f-�10E along said curve, having a central angle of 9° 36' S6.6", a
radius of 1166.17 feet, and a tangent of 98.09 feet, a distance of
195.71 feet to the beginning of a curve to the right;
'I�ICE along said curve to the right, having a central angle of 3° 34'
26.6", a radius of 1066.1 feet, and a tar_gent of 33.26 feet, a distance
of 66.51 feet, to the POINT OF BEGINNING.
R-TH TRACT
Pro rty Description
All that certain tract or parcel of land situated in the City of
Grapev�ne, Tarrant County, Texas, to wit:
CO1�M�1CIt�?G at a point, said point lying in a north-westerly direction
frcm the intersection of the north R.O.W. line of State Highway 114 and
the west R.O.W. line of Park Blvd. (100' R.O.W.) , a distance of 317.82
feet alor,g said west R.O.W. line to the beginni.ng of a curve to the
left;
_ 'I'HII�ICE along said curve to the left having a central angle of 3° 34'
26.6", a radius of 1066.1 feet, and a tanqent of 33.26 feet, a dist.ance
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of 66.51 feet to the beginning of a curve to the left;
� Z'HII�?CE alonc{ said curve, having a central angle af 9° 36' 56.6", a
radius of 1166.17 feet, and a tangent of 98.09 feet, a distance of
195.71 feet to a point in the west R.O.W. lir.e of Park Blvd. ;
TF�10E north 0° 23' 39.6" E 561.90 feet along said west R.O.W. line to
the true �oint of beginning;
�ICE north 89° 19' 51.1" W II54.89 feet to a point �or corner;
EXHIBIT "A" TO
ORDINANCE NO. 84-39
PAGE 2 of 2
Parcel 24-B
Page 2
'I'��tCE south 0° 46' 30" E a distance of 254.76 feet, more or less, to a
point for corr_er;
Tf�10E south 89° 19' 51.1" E a distance of 854.89' , more or less, to a
point in the west R.O.W. line of Park Blvd;
Tf�ICE north 0° 23' 39.6" E, a distance of 254.76 feet, more or less, to
tY:e POINT OF BEGINNING.
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