HomeMy WebLinkAboutORD 1983-078 ORDINAIJCE NO. 83-78
AN ORDITIAN(.;r. ANIENDING ORDINANCE NO. 70-10,
Tf� COMPRII�ISIVE ZONING ORDTNANCE OF TFiE
CITY OF GRAPEVINE, TEX1�S, SAME BEING ALSO
KNOWN A� APPENDIX "A" OF THE CITY CODE OF
GRAPEVINE, 'I'�S, GRANTING A ZCNII�IG CFiAt�TGE
ON A 'I'RACT OF L�1ND DESCRIBID AS BEING A
LOT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARR��T COUNTY, TEXAS,
BEING A PART OF THE THOMAS MAHAI�T SUf?�IEY,
ABSTRACT NO. 1050, IN 'I'HE CITY OF
C-,f21`�PEVINE, TEX�S, MORE F'[TI�,Y AI�ID COl�'IPLEI'ELY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "PD" PI1�NI�TED DEVEL,OPMaV`T
ZONING DISTRICT UNDER ORDINANCE NO. 70-10
FOR APARTMII�]'I'S, T06VNHOUSES, AND RETAIL/
OFFICE SPAC� IN ACCORDANCE WITH A DEVETAP-
MIIII�T.P PLAN TO TRACT 1 - "C�" CON�1ClNITY
CONI�'IERCIAL ZONING DISTRICT, TRACT 2-"C-C"
COMMUNITY CON�'JERCIAL ZONING DISTRICT, AND
TRACT 3 - "R-MF-2" MULTI-FAP�ffLY ZONING
DISTRICT, ALL UIVDER ORDINANC� NO. 82-73;
CORREC'I'ING THE OFFICIAL ZONING MAP; PRE-
SFRVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CI�AUSE REL�ATING TO
_ SEVERABILITY; DETF�FZMINING THAT THE PUBLIC
�ESTS, MORI�LS AND GIIVERAL 6�IEL�'ARE
� DF24AND A ZOrTING CHANGE AND �iVDMEN''r
Tf�REIN MADE; PROVIDING A PIIQALTY NOT TO
EXCEID Tf� SUM OF ONE THOUSAND DOT,T,ARS
($1,000.00) AND A SEPARATE OFFEDISE SHALL BE
DE�'�D COMMITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCL]RS; AND DEC.Z�ARING AN
Il��ERGII�ICY
��REAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Cormtission of the City of Grapevine, T�as, 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, Texas, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
��REAS, 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 changed should be granted
or denied; safety of the motoring public and the pedestrians using the facil-
ities in the area '�iediately surrounding the site; safety fran fire hazards
� and measures for fire control, protecticn of adjacent property fran flood or
water �mages, 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 reascnably expected to be generated by the proposed use around the �
site and in the imr2ediate 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 paxking 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,
WHERF,�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Te�s, did
consider the follo�,�ing factors in making a determi.nation 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 fran same, the effect on the promr�tion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, pa.rks 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 appro-
priate use of land throughout this city; and,
W�, the City Council of the City of Grapevine, Te.xas, does find that
"`�" there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the ame.nchnent, 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 ti.me their
original investment was made; and,
W�.S, the City Council of the City of Grapevi.ne, Te�s, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; pranotes 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,
Wf�REAS, 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 pr�te the general
health, safety, and welfare of this co�nity.
�""'" NC7W, 'I'HII2EE'ORE, BE IT ORDAINID BY � CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 70-10, being the
C�rprehensive Zoning Ordinance of the City of Grapevine, 'I'exas, same being
also ]mawn as Appendix "A" of the City Code of Grapevi.ne, 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 Thamas Mahan Survey, Abstract No. 1050,
in the City of Grapevine, Tarrant County, Texas, more fully and ccx�letely
described in F.�hibits "A", "B", and "C", attached hereto and made a part
hereof, which, in accordance with Camprehensive Zoning Ordinance No. 70-10,
was previously zoned "PD" Planned Developn�ent Zoning District for the develop-
ment of apartsrents, tawnhouses, and retail/office space in accordance with a
developn�nt plan is hereby changed to "C-C" Conmunity Commercial Zoning
District on Tract 1, "C-C" Carununity Co�nercial Zoning District on Tract 2,
and "R-MF-2" Multi-Family Zoning District on Tract 3, all in accordance with
Ccxnprehensive Zoning Ordinance No. 82-73.
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 comprehensive plan for the
purpose of pr�ting health, safety, irorals and the general welfare of the
commxnity. 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
1and, to avoid undue concentration of population; facilitate the adeqtaate
provisions of transportation, water, sewerage, drainage and surface water,
i�arks and other public requirements, and to make adequate provisions for the
nornial business, co�anercial needs and development of the co�rn�nity. They have
been made with reasonable consideration, among 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 encouragi.ng the most appro-
_ priate use of land thraughaut the co�nunity.
Section 5. This ordinance shall be curcazlative of all other ordinances of
the City of Grapevine, Texas, affecting zon�.ng 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 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 described herein sha11 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 shall build or alter any building or use in
violation of any detailed statement or plan su�nitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
t.��n one thousand dollars ($1,000.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The owner 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 there�aith,
° and who may have assisted in the cc�nission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City oi Grapevine, likewise, shall have the paaer 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, rmrals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an eirergency for the iiranediate preservation.of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fran and after the
date of its final �assage, and it is accordingly so ordained.
PASSID AND APPROVID by the City Council of the City of Grapevine, Texas
on this the 15th clay of Noverr�r, 1983.
APPROVID:
L ����
Mayor
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� A'I'�E.ST:
�
�
City Secretary
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APPRQVED AS TO FORM AND I�C�LITY:
City Attorney
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�
�
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EXHIBIT "A" TO ORDINANCE NO. 83-78
Commercial
Tract 1
63 , 300 . 865 SQUARE FOOT TRACT �
IN THE
THOMAS MAH�N SURVEY, A-1050
TARRANT COUNTY, TEXAS
A tract of land out of the Thomas Mahan Survey, A-1050 ,
Grapevine , Tarrant County, Texas , being part of a 24 . 260
acre tract conveyed to W. K. Reed, Trustee , by Lee Roy
Hurst, et al , described in Volume 4922 , Page 162 , Deed
Records, Tarrant County, Texas , and further described as
beginning at an iron pin on the North right-of-way of
State Highway 114 , said iron pin being the Southwest
corner of said Hurst property which is 1122 .0 feet
S89-15W and 414 . 0 feet NO-38W from the Southeast corner
of the Thomas i�tahan Survey;
THENCE N89-15E along said highway and fence line , 215. 0
feet I .P. for corner;
THENCE NO-47W - 279 . 25 feet I.P. for corner;
THENCE N89-42-26W - 235 . 11 I .P. for corner;
a ;
THENCE S4-50E - 284 . 25 feet to Point of Beginning, containing
63300 . 865 square feet.
�
EXHIBIT "B" TO ORDINANCE NO. 83-78
; Commercial
Tract 2
7.15 ACRE TRACT
I�J THE
THOMAS MAHAN SURVEY, A-1050
TARRAfdT COUNTY, TEXAS
The follwoing described tract or parcel of land situated in the
Thomas ��ahan Survey, A-1050, Tarrant County, Texas and being
a portion of a 24.26 acre tract as recorded on Page 162 of
Volume 4922 in the Tarrant County Deed Records and being more
particularly described as follows :
BEGINfJING by deed about N 0° 38' W a distance of 706.0 feet
and S 89° 15 ' W a distance of 395.6 feet from the Southeast
corner of said Thomas Mahan Survey;
THENCE S B8° 50' bJ a distance of 297.6 feet;
THENCE S 0° 49' E a distance of 290.0 feet to the North line
of State Highway No. 114;
THENCE S 89° 15 ' W along the North line of said State Highway
No. 114 a distance of 210.0 feet;
� i
THENCE N 0° 47' W a distance of 279.25 feet;
THENCE N 89° 42�' W a distance of 235.4 feet;
, THENCE S 4° 50' E a distance of 64.3 feet to the Northeast
conrer of Lot 7, Block l , �d.C. LUCAS ADDITION, to the Sity of
Grapevine, Tarrant County, Texas;
THENCE N 57° 06' W along the North line of Lots 7, 6, and 5,
Block l , said W.C. LUCAS ADDITION a distance of 223.0 feet and
being in the North line of said Lot 5; - .
THENCE N 0° 57' L�1 along the East line of Block 2, said W.C. LUCAS
ADDITION a distance of 209.0 feet;
THENCE N 89° 00' E a distance of 930.18 feet;
THENCE S 0° 38' E a distance of 265 .52 feet to place of
beginning, containing 7.15 acres of land.
EXHIBIT "C" TO ORDINANCE NO. 83-78
Multi-Family
Tract 3
1 3.��6 f�CRE TRACT
I,! THE
T�?Oi•1{15 i�1AHA(! SUR�IEY, ;-1050
Tr1P,P,AflT C�UNTY , T�X,�S
ihe follo���irg described tract or parcel of land situated in the
Thomas �'lahan Survey, A-1050, Tarrant County, Texas and being a
� portion of a 24.26 acre tract as recorded on Page 162 of
Volume 4922 in the Tarrant County Deed Records and being more
particularl� described as follor��s :
BEuI"Jt�I"�G by deed about P� 0° 38' td a distance of 971 .52 feet
and S• °9° 15' :�J a distance of 395 .6 feet from the Southeast
corner of said Thomas �lahan Survey;
THE��CE S °9° 00' �d a distance of 930.18 feet;
THE�aCE P� 0° 57' �d a di stance of 689.4 feet;
TNEilCE PJ 89° 04' E a di stance of 72G.9;
� THENCE S 0° 42' E a distance of 203.0 feet;
THENCE N 89° 03' E a distance of 211 .4 feet;
THEi�CE S 0° 45' E a distance of 194.0 feet;
. THEhICE S 1 ° 00' E a distance of 133.9 feet;
THEiJCE S 0° 38' E a distance of 150.08 feet to place of
beginning, containing 13.46 acres of land