HomeMy WebLinkAboutORD 1983-042 ORDINANCE NO. 83-42
AN ORDINANCE AMENDING ORDINANCE NO. 70-10,
� COMPREEi�TSIVE ZONING ORDINANCE OF Z'HE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KN04�TI�T AS APPE[�DIX "A" OF � CITY CODE OF
GRAPEVINE, TEX1�S, GRANTING A ZONING CHANGE
ON A TRACT OF L�1ND DESCRIBED AS BEING A
L�C7I', TRACT, OR PARCEL OF I,AND LYING AND
BEING SITUATID IN TARRANT COUN'I'Y, TEXAS,
BEING A PART OF THE THOMI�S EASTER SURVEY, �
ABSTRACT NO. 474, Tf� A. FOSTER SURVEY,
ABSTRACT NO. 518, AND TE� ALEX THONPSON
SURVEY, ABSTRACT N0. 1532, IN TfiE CITY OF
GRAPEVINE, TEXAS, MORE FULLY AND CG��IPI,�I'ELY
DESCRIBID IN Tf-iE BODY OF THIS ORDINANCE;
ORDERING A Qi�I�TGE IN 'I'HE USE OF SAID
PROPER'I'Y FROM "R-1" SINGLE-FANIILY ZONING
DISTRICT UNDER ORDINANCE NO. 70-10 TO "C-W"
CONIDIERCIAL WAREHOUSE ZONING DISTRICT UNDER
ORDIN�INCE NO. 82-73; CORRF�C'i'ING Tf�
OFFICIAL ZONING MAP; PRESERVING ALL OTHEIt
PORTIONS OF 'I'HE ZONING ORDINAIVC�; PROVIDING
A CLAUSE RII,ATING TO SEVERABILITY;
DE'I`ERMINING THAT THE PtTBLIC II�ITERESTS,
MORALS AND GEDIERAI� WII.�'ARE DII�IAND A ZONING
Q3ANGE AND AMII�IDMIIVT THEREIN MADE;
PROVIDING A PE[�ALTY NC7r TO EXCEID THE SUM
OF TVJO HtJNDRID DOLL�AFZS ($200.00) AND A
SEPARATE OFFENSE SHALL BE DEII�� COMMITTID
UPON EAC�i DAY DUR�Q�IG OR ON WHICH A
VIOLATION OCCURS; AND DECLARING AN
II�II�TCY
W�RF'�AS, applications were made to amend 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 ccx�plied with, the case
having come before the City Council of the City of Grapevine, Texas, after all
legal notices requirem�nts, conditions and prerequisites having been complied
with; and,
W�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 deternlination as to whether these requested changed should be granted
or denied; safety of the mr�toring public and the pedestrians using the
facilities in the area iur�nediately surrounding the site; safety from 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 stationazy 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 i�diate neighborhood, adequacy of parking as determined by
requirements of this ordinance =or off-street parking facilities, location of
ingress and egress points for parking and off-street �ocating spaces, and
pr.otection 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 overcrawding of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
InIf�REAS, the City Council of the City o� Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Texas, did
consider the following factors in malcing 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 from same, the effect on the promotion of health and the
general welfare, effect on adequate light ar2d air, the effect on the
overcraading of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
F7t�'.RE1�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,
. WHERF''AS, 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�nt was made; and,
Wf�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 from fire, panic and other dangers; promotes health and the general
welfare; provides adequate light and air; prevents the overcraading of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
h�RE�,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 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 zon:i.ng 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 community.
NOW, 'I'f-�2EE'ORE, BE IT ORDAIPJID BY Z`f� CITY COUNCIL OF THE CITY OF
GRAPEVIP�, 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 am�Zded and changed in that the use of the follawing described
property, to-wit:
For a tract of land out of the Thomas Easter Suzvey, Abstract No. 474,
the heirs of A. Foster Survey, Abstract No. 518 and the Ale� Thompson Survey,
Abstract No. 1532, situated in Tarrant County, Texas, and being a part of a
tract of land conveyed to Melvin B. Shuler by deed dated December 30, 1963,
and recorded in Volume 3885, Page 55, of the Deed Recards of Tarrant County,
Texas, and being more particularly described by metes and bounds as follaws:
CONIl"�TCE at a point in the most Westerly East line of said Shuler tract,
same being by deed call 966.16 feet North of the Southeast corner of said
Shuler tract, thence N. 0° - 05' - 30" E. 855.8 feet, S. 89° - 35' - 34" E.
275.70 feet and North 1256.60 feet all by deed call to the POIN'i' OF BDGINNING
of the herein described tract in the Southerly R.O.W. line of State Highway
No. 26 an_d fran which said point a Highway R.O.V�. Montunent bears S. 0° - 26'
E. 34.53 feet; '
Tf�TCE S. 0° - 26' E. 300.0 feet along a : fence line the m�st Westerly
East line of the above referenced tract to an iron pin under same for the
Southeast corner of the herein described tract;
TI�tCE S. 58° - 27' W. 2714.2 feet to an iron pin for the Southwest
corner of the herein descri.bed tract;
'I'��'NCE N. 41° - 11' W. 300.0 feet to a concrete m�n�unent marked Regional
Airport Nbntmient No. 50 in the Southerly R.O.W, line of said Highway, said
point being the Nortlnaest corner of the herein describecl tract;
Tf��ICE N. 58° - 50' E. 1820.4 feet along the said R.O.W. line to a
concrete monument in same marked Regional Airport A�rnurent No. 49;
Tf��TCE N. 58° - 59' E. 813.3 feet to an iron pin in same;
TFiII�ICE N. 62° - 13' E. 286.5 �eet along said R.O.ti9, line to the POINT OF
BEGINNING and containing 18.436 acres of land, which, in accordance with
Co�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-1"
Single-Family Zoning District is hereby changed to "C[a" Comnercial Warehouse
Zoning District, in accordance with C�rehensive Zoning Ordinance No. 82-73.
, Section 2. The City P�Ianager 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 zor�ing 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 co:�rehensive plan for the
purpose of promoting health, safety, rrorals and the general welfare of the
conmunity. 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 overcrawding 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, co�rarercial needs and development of the corrarnuzity. They have
been made with reasonable consideration, aamong 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 community.
Section 5. This ordinance shall be cumulative 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 comply therewith, or with any of the
requirements thereof, or who sha.11 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 more
than two hundred dollars ($200.00) , and each day such violation shall be
pernlitted to exist shall constitute a separate offense. The awner or owners
of any building or premises, or part thereof, where anything in violation of
this ordi.nance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation e�loyed in connection therewith,
and who may have assisted in tYie conmission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
r _ 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 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�r�diate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective �rom and after the
date of its final passage, and it is accordingly se ordained.
PASSID AI�ID APPRUVID by the City Council of the City of Grapevine, Texas
on this the 19th day of July, 1983.
APPROVID:
�
May
A'i*T'F�ST:
�, � � '
� I Y,��k_�-�,� ��J /����t-��-
City Secretaiy �
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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