HomeMy WebLinkAboutORD 1984-014 ORDINANCE NO. 84-14
AN ORDINANCE ANIII�IDING ORDIN�INCE NO. 70-10,
Tf� COMPREE�ISIVE ZONING ORDINANCE OF Tf�
CITY OF GRAPEVINE, 'I'EXAS, SANIE BEING ALSO
I�TC7WN AS APPIIVDIX "A" OF TI� CITY CODE OF
GR�PEVINE, T�.S, GRAN'PING A ZONING CHANGE
ON A TRACT OF I�AND DESCRIBID AS BEING A
IrOT, TRA�I', OR PARCII� OF LAND LYING AND
BEING SITUATID IN TARRANI' COUN'i'Y, TEXAS,
BEING A PART OF THE FRANKLIN WOOD SURVEY,
ABSTRACI' NO. 16 8 8, AND THE JOHN WHI'I��N
SUR�7EY, ABSTRACI' N0. 1593, IN THE CITY OF
GRAPEVINE, TEXAS, MORE F[J7�Y AND CONIPLEI�LY
DFSCRIBID IN Tf� BODY OF THIS ORDINANCE;
ORDII�Il�TG A CHANC� IN THE USE OF SAID PRO-
PERTY FROM "P-D" PLANNED DEVELiOPMENT DIS-
TRICT UNDER ORDINANCE NO. 70-10 FOR THE
DE�7EZ�OPMMF�VV'T OF SINGI�-FAMILY DETACI�D DWEL-
LINGS, SINGLE-FAMILY A'ITAC�IED DW�LLINGS,
N1�JLTI-FANIILY DWELLINGS, AND NEIGEiBORH00D
BUSINE.SS, ALL IN ACCORDANCE WITH A DEVEIiOP-
MEDIri' PLAN, TO "PUD" PL�NNID UNIT DEE�77EI�OP-
N�r DISTRICT UNDER ORDIN�NCE N0. 82-73 FOR
Tf� DEVII�OPM��FI' OF SINGLE-FAMILY DETACHID
DWELLINGS, SINGLE-FAMILY ATTACHID T04�7N-
HOP�S, AI�ID MULTI-FANIILY DWELLINGS, ALL IN
ACCORDANCE WITH A DEVII�OPN�r PLAN, AND
PROVIDING CF�I'AIN STIPULATIONS; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL
J'1�� PORTIONS OF THE ZONING ORDINANCE;
i�tZOVIDING A CI�AUSE RELI�TING TO SEVERABI-
LITY; DEl'ERNIINING THAT Tf� PUBLIC
INTERESTS, MORALS AND GENERAL WII�'ARE
DIIKAND A ZONING CHANGE AND AMIIVDN�N'I'
THF'RFIN MADE; PROVIDING A PII�tALTY NOT TO
F,XCEID THE SUM OF ONE THOUSAND DOT,T,ARS
($1,000.00) AND A SEPARATE OFFE�[�11SE SHALL BE
DEII�D COMM.ITI� UPON EACH DAY DURING OR ON
WHIC�i A VIOLATION OCCURS; AND DECLARING AN
II�GENCY '
Wf�REAS, applications were made to am�end 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 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 complied
with; and,
W'HERE�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the follawing 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 i�ediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property from
flood or water clamages, 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 imrediate neiqhborhood, 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 locati.ng 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
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
���RE1�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 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 frcan same, the effect on the pramotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrc�wding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
� WHEREAS, 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,
WFIEFtEAS, 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 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 invest�nent was made; and,
W�, 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 overcrawding of land;
avoids undue concentration of population; facilitates t�e adequate provisions
of transportation, water, sewerage, schools, parks and other public
requireme.nts; and,
Wf�E',AS, 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 conununity.
NOW, Tf�REFORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf� CITY OF
GRAPE'�T1NE� TEXAS:
Section 1. 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 follawing describ�d
property, to�ait:
Being a tract of land out of the Franklin Wood Survey, Abstract No. 1688,
and the John Whitman Survey, Abstract No. 1593, in the City of Grapevine,
Tarrant County, Texas, more fully and c�letely described in E�hi.bit "A",
attached hereto and made a part hereof, which, in accordance with Con�rehen-
sive Zoning Ordinance No. 70-10, was previously zoned "P-D" Planned Develop-
ment District for the develo�nent of single-family detached dwellings,
single-family attached dwellings, �ulti-family dwellings, and neighborhood
business all in accordance with a development plan is hereby changed to "PUD"
Planned Unit Development District, in accordance with Co�rehensive Zoning
Ordinance No. 82-73, for the development of single-fami.ly detached dwellings,
single-family attached townhomes, and multi-family dwellings, all in
accordance with a development plan, attached hereto and made a part hereof as
�ibit "B", and further providing that a 5-foot wide concrete footpath be
constructed for pedestrian access to Pickering Park on the east side.
Standards and requirements for development shall co�ly with the standards
established for the specified uses in the particular districts in which they
would ordinarily be permitted under appropriate sections of the Ca�rehensive
Zoning Ordinance.
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 comprehensive plan for the
purpose of promoting health, safety, mr�rals and the general welfare of the
commznity. 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 fresn fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcra�ling 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�nercial needs and development of the comnunity. They have
been made with reasonable consideration, ampng 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 comnunity.
Section 5. This ordinance shall be ci.4nulative 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
deem�d 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 descri.bed herein.
Section 7. 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 submitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not mpre
than one thousand dollars ($1,000.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The c�wner 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 employed in connection therewith,
and who may have assisted in the camnission 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 pawer 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, m�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the i�rediat�e preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordi.nance 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 27th day of March, 1984.
APPROVED:
1./
Mayor
AT'i�ST:
City Secre
APPRUVED AS 'I1� FORM AND I�GALITY:
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 84-14
FIELD NOTES
PICKERING PROPERTY
BEING a survey of a tract of 143 . 902 acres of land in the
Franklin Wood Survey, Abstract No. 1688 , and in the John L. Whit-
man Survey, Abstract No. 1593 , Tarrant County, Texas; and being
part of a 57 . 5 acre tract as described in deed to G. U. Pickering,
recorded in Vol. 1504 , Page 449 , and part of a 170. 0 acre tract as
described in deed to G. U. Pickering recorded in Vol. 1510 , Page
219 , and all of a 3 . 65 acre tract as described in deed to G. U.
Pickering recorded in Vol. 3504 , Page 374 , of the Deed Records
of Tarrant County, Texas; and said 143 . 902 acre tract being more
particularly described as follows:
COMMF�NCING at the point of intersection of the North line of
said 57 . 5 acre tract with the East line of Kimbell Road (50 . 0 ft.
wide) , a fence corner post; Thence S 89° 34 ' 00" E, along a
crooked fence on the North line of said 57 . 5 acre tract, 635 .3
ft. to the POINT OF BEGINNING of the 143 .902 acre tract described
herein:
THENCE S 89° 34 ' 00" E, continuing along a crooked fence on
said North line, 1335.4 ft. to the Northeast corner of said 57 . 5
acre tract, a fence corner post;
THENCE N 00° 03 ' 00" W, along a fence on the most Westerly
line of said 170 acre tract, 496 .6 ft. to a fence corner;
THENCE N 89° 54 ' 00" E, along a fence , 1347 . 5 ft. to a fence
corner at an inside corner of said 170 acre tract;
THENCE N 00° 27 ' 00" E, along a fence line, 922 . 7 ft. to a
fence corner post in the South line of a 50 . 0 ft. wide County Road;
THENCE N 89° 57 ' 00" E, along a fence on the South line of
said Road, 1233. 3 ft. to its intersection with the Westerly line of
Tract No. A-60 of the Grapevine Reservoir, a concrete monument;
THENCE Southerly and Southwesterly, along the Westerly line of
said Tract No. A-60 and along the Easterly line of said 3 . 65 acre
tract (all corners marked by concrete monuments) , as follows:
lst. S 05° 17 ' 00" W, 947 . 8 ft. ; 2nd. N 87° 52 ' 00" W;
576 . 3 ft. ; 3rd. S 34° 05 ' 00" E, 305. 5 ft. ; 4th. S 20° 40 ' 00" E,
322 . 0 ft. ; 5th. S 32 15 00 W, 97 . 5 ft. ; 6th. S 27° 12 ' 00" E,
o � ��
147 . 3 ft. ; 7th. S 07° O1 ' 00" W, 74 . 0 ft. ; 8th. S 85° 11 ' 00" W,
70 . 5 ft. ; 9th. N 31° 28 ' 00" w, 66 .4 ft. ; 10th. S 83° 55 ' 00" w,
185 . 0 ft. ; llth. S 54° 12 � 00" w, 698 .1 ft. ; 12th. S 28° 34 � 00" w,
548 . 0 ft. to a point on the South line of said 170 . 0 acre tract, a
fence line; .
THENCE N 89° 45 ' 00" W, along a fence line, 412 . 5 ft. to a
concrete monument at a fence corner post;
THENCE S 00° 19 ' 00" E, 48 . 54 ft. to a fence corner post;
THENCE N 89° 46 ' 00" W, along a fence line and passing the '
Southwest corner of said Whitman Survey, 2655 .87 ft. to a point in
the East line of Kimbell Road, a fence corner;
THENCE North, along the East line of Kimbell Road, 770 . 2 ft.
to the Southwest corner of the G. U. Pickering Park ;
THENCE S 89° 34 ' 00" E, 635. 3 ft. to the Southeast corner of
said Park;
THENCE North, 480 . 0 ft. to the Northeast corner of said Park
and the POINT OF BEGINNING and containing 143 . 902 acres of land.
EXHIBIT "B" TO
ORDINANCE NO. 84-1�
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Providing that a 5-foot wide concrete footpath be con-
structed for pedestrian access to Pickering Park on the
east side.