HomeMy WebLinkAboutORD 1983-067 ��RDI^IAt�10E TvO. 33-67
AiV ORDIP1F�tdCE �'�TDING ORDII�IANCE NO. 70-10,
L'f I� COi�1PRgIEP�SI�,L ZONING ORDINANCy' OF Z'f�
CITY Cr GRAI'EVIN�, 'I�S, SAP� BEING ALSO
r�iGW1d AS APL'F�`;DIX "A" OF � CITY CODE OF
GRAPL'VINE, `1'�AS, GF2ANrING A ZONING CHANGE
CN A T�1CT OF L�ND DESCRII3ED AS BEING A
LC'I', TRACT, OR PARCEL OF I�1VD LYING AND
BEIY•dG SITUaZ'ID IN TARRANT COUNTY, TEXAS,
BEIi7G A PAF�1' OF T't�E THOMAS MAHAN SUR�IEY,
ABSTRACT I10. 1d50, IN �iE CITY OF GRAPE—
VlI�TE, 11`�'YAS, MOF.E FULLY AND COI�I�I`ELY
DESCRIBID �1 TfiE BODY OF THIS ORLINAI�tCE;
GRDERING � C�3ANGE II�T `?'�3E USE OF SAID
PROPE�DTY FFOM "C-2" COP�7[JNITY BUSINESS
ZONT1`3G DISTRICT UNDER CRDINANCE NO. 70-10
TO "C—OU" COI�Il`��RCiAL OUI'DOOR ZONING DIS—
TRICT UNDER ORDINANCE NO. 82-73; CORR�I'I1`7G
THE OFFICIAL ZONING P�7AP; PRESERVING ALL
O`I`I�2 PORTIONS OF 'I'� ZONING ORDII�TANCE;
PROVIDING A CI,AUSE RELATING TO SEVER—
ABILITY; DEI'��ZINING Z�-IAT � PUBLIC
IN'I`ERESTS, MORALS I�ND G�RAT, �•,IEI,FARE
DE�"-1AI�ID A ZONING CHANGE AIVD At�lIIVDNIQ�]T
Tf�REIN N1ADE; PROVIDING A PENALTY NUT TC
EXCr ID � SUM OF TGv� HLJiV�DP.ID DOT,T,ARS
($2 00.0 0) AND A SEPARATE OFFE[�ISE SHAI,L BE
DEF�� CONIMI'I'�TE� UPON EAC�i DAY DURING OR ON
WHICH A VIOLATION OCC[JRS; AND DECLARING AN
F�RGENCY
� P7�IEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Comnission 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 co� before the City Council of the City of Grapevine, Texas, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
��RF�AS, the City Cour�cil of the City of Grapevine, T�as, at a public
hearing called by the City Council did consider the following factors in
making a determination as to whether these requested changed should be granted
or denied; safety of the �toring public and the pedestrians using the facil-
ities in the area inu;lediately surrounding the site; safety from fire hazards
and ireasures ior fire control, protection of adjacent property from flood or
water damages, noise producing el�nts and glare of the vehicular and sta-
tionary 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 e.�cted to be generated by the proposed use around the
site and in the �diate 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 pt:blic 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 concen-
tration of population, the effect on the transportation, water, sewerage,
_ schools, parks and other facilities; and,
��1H�REAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the Gity Council of the City of Grapevine, Texas, clid
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 from same, the effect on the promc�tion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding ot the land, the effect on the concentration of population, the
effec� cn the transportation; water, seweraae, schools, parks and other public
facilities; and,
��IH�2FAS, the City Council �uz�ther considered among other things the
character of the district and its i.�eculiar suitability for particular uses and
�aith ttie view to conseive the value of buildings, encourage the mr�st appro-
priate use of land throughout this city; and,
WHERr�S, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning char:ge, that the public demands it,
that the public interest clearly requires the amenc�nent, that the zoning
changes do not unreasonably invade the rights of those who bought or iir�roved
property with reference to the classification which exi�ted at the time their
original invest�ent was made; and,
t�T�E,�, the City Cour:cil of the City of Grapevine, Texas, does find that
the change in zoning lessens the congestion in the streets, helps secure
safet_y from fire, panic and other dangers; promotes health and the general
welfare; provides ad�quate 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 require-
ments; and,
4�IHER�S, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this c.�ange 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 ror, and is in the best interest of '-�.he public at large, the
� citizens of the City of Grapevine, Texas, and helps promote the general
health, safety, and welfare of this coirum.uzity.
NOLd, THFREFORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF � CITY OF
GRAPE�TIPIE, TEXAS:
Section l. That the City of Grax�evine Ordinance No. 70-10, being the
Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known as Append� "A" of the City Code of Grapevine, Te�s, be, and the
same is hereby �rnended and changed in that the use of the following described
property, to-wit:
Being a tract of land out of the Thomas P�tahan Suzvey, Abstract No. 1050,
in the City of Grapevine, �i�arrant County, Te,xas, more fully and completely
described in �chibit "A", attached hereto ancl made a part hereof, which, in
accordance with Comprehensive Zoning Ordinance No. 70-10, was previously zoned
"C-2" Co�nrnznity Business Zor.ing District is hereby changed to "C--0U" Commer-
cial Outdoor Zoning District in accordance with Comprehensive Zoning Ordinance
No. 82-73.
Section 2. The City Nlanacier is hereby directed to correct the official
zoning map of the City ef 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 hereir. above descri.bed shall be subject to all the applicable regulations
contained in said City of Grapevine zoning ordinance and all other applicable
and pertinent crdinances 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 comprehensive plan for the
_ puLpose of promc�ting health, safety, morals and the general welfare of the
corrYrnznity. They have been designed with respect to both present conditions
and the conditions reasonably anticipated to exist in t.t:e foreseeable future,
to lessen congestion in �-.he streets; to secure safety from 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 requirezr�nts, and to make adec�.:ate provisions for the
norn�1 business, co�rcial needs and developmeazt of the community. They have
been made �aith reasonable consideration, airong other things, of the character
of the district, and its peculiar suitability for the particular uses and with
a vi�a o� conservinc� +-.he value of buildings and c�ncouraging the r?ost appro-
,�riate u�e o?= �and throughcut the conununity.
Section 5. This ordinance shall be cur,n�lative of all other ordinances of
th� City of Grapevine, Texas, affecting zoning and �hall not repeal any of the
provisions of said ordinances e.�cept in those instances cahere provisions of
those ordinances which ar_e in direct ccr.flict with the provis?ens of this
ordinance.
� Section 6. That the terr.� and provisions of this ordinance shall be
de�d to he sever�le and that if the validity oF the zoning affect?ng any
portion of the tract or tracts af land described herein shall be declared to
be invalid, the s� shall not affect the validity of the zoning of the
balance of the tract or t..Yacts of land described herein.
Section 7. That any person or corporation who shall violate ar.y of the
provisions of this ordinance or iail 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 approved hereunder,
shall be guilty of a misdemeanor and srall be liable to a fine of not mpre
than two hL:ndred dollars ($200.00) , and each day such violation shall be
pernlitted to exist shall constitute a separate offense. The awner 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 theresaith,
and who may have assisted in the co�nission ot any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City of Grapevinz, likewise, shall have the paaer to enforce
the provisions of this ordirance 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, �rals, peace, and general welfare of the inhabitants of the City of
� Grapevine, Texas, creates an emergency for the in�diate preservation of the
public business, property, health, safety and general welfare of the public
� which requires that this ordinance shall become effective fram and after the
date of its final passage, and it is accordingly so ordained.
PASSID AI�1D APPROVID by the City Council of the City of Grapevi.ne, Te�:as
on this the 18th day of October, 1983.
APPROVED:
�
Pdayor
. AZTEST:
� ,.
�/��'l i�'�t_i /\�-� %' �'__
City Secretary
APPROVID AS 'IC� FORM AND ?.�GALI'I'Y:
City Attorney
EXHIBIT "A" TO ORDPI�INCE NO. 83-67
!
. ,.,�
Legal Description
Whereas , R.W. Flowers ETUX Bonnie Jean Flowers , are the sole owners of a
tract of land in the Thor�as Mahon Survey, Abstract No. 1050 situated in
the City of Grapevine, Tarrant County, Texas and being that certain
tract of land as described in deed to R.W. Flowers ETUX as recorded in
Volume. 5038, Page 483 of the Deed Records of Tarrant County, Texas and
being more particularly described as follows:
BEGINNING at a 3/8" iron pin found in the North R.O.W. line of State
Highway No. 114 (100' R.O.W. j said 3/0" iron pin being by deed call North
414.00 feet and West 396.00 feet from the Southeast corner of said Thomas
Mahon Survey;
THENCE S 89°15' 00" W along said North R.O.W. line 150. 10 feet to a 2"
iron pin found at the Southwest corner of said Flowers tract and being
� ; the Southeast corner of that certain tract of land as described in deed
to Teleprompter Community Cablevision as recorded in Volume 7215, Page
101 D.R.T.C.T. ;
THENCE N 00°28'54" W along the West line of said Flowers tract 150.00
feet to a 5/8" iron pin set for the Northwest corner of said Flowers
tract and being the most Westerly Southwest corner of that certain tract
of land as described in deed to Bill Massey Furniture Company as recorded
in Volume 7003, Page 431 D.R.T.C.T. ;
THEi�JCE N 89°57' S4" E along the North line of said Flowers tract 150. 00
feet to a 5/8" iron pin set at the Northeast corner of said Flowers tract;
. THENCE S 00°31 ' 10" E along the East line of said Flowers tract 148. 13
feet to the POINT OF BEGINNING and containing 22,366 square feet or
. 0.5135 acres of land.
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