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HomeMy WebLinkAboutORD 1982-061 ORDINANC� NO. 82-61 AN ORDINANCE ArSE�IDING ORDINANCE NO. 70-10, THE COMPRE�SIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, T�S, SANIE BEING ALSO KNC7WN AS APPIIVDIX "A" OF THE CITY CODE OF GRAPEVINE, TF.XAS, GRANTING A ZONING Q3ANGE ON A TRACT OF I.AI�ID DESCRIBID AS BEING A I�OT, TRA�T, OR PARCQ, OF LAND LYING AND BEING SITUATF� IN ZARRANT COinVTY, TEXAS, BEING A PART OF TIP�ERLINE ESTATES, IN � CITY OF GRAPEVINE, TEXAS, MURE FULLY AND �'lPLETELY DF�CRIBID IN Tf� BODY OF THIS _ ORDINANCE; ORDERING A C.HANGE IN Tf� USE OF SAID PROPERTY AS FOLI�OTr7S: TRA.CT 1: F'RQM "R-2" 'I�-FAMILY DWEL�LING DISTRICT TO "SP" SPDCIFIC USE PERMIT DISTRIGT FOR THE CONSTRUCTION OF COND(�� MINIUMS PUF�SUANI' 'Ii0 AI�ID IN ACCORDANCE WITH CONSTRUCTION SPECIFICATIONS AND A LAND- SCAPING & SITE PLAN, ATTAC�iID F�RE'iT0 AND MADE A PART HEE2E)OF AS E��iIBITS "A" & "B"; TRACT 2: FROM "R-2" �-FANIILY DV+III�LING DISTRICT AND "SP" SPECIFIC USE PERMIT DISTRICT INCIDF�ITAL TO Tf� OPERATION OF A CONVENIETICE STORE AND GAS PUMP FACILITIES AZLOWING O`I'fIER USFS PERMI�I'ED IN Tf� "C-2" C(�1LlNITY BUSIlI�IFFSS DISTRICT TO "SP" SPECI- FIC USE PE�tMIT DISTRICT FOR Tf� CON- STRUCTION OF CONDCY�'IINIUMS PURSUANT 'I�0 AND IN ACCORDANCE WITH CONSTRtJC'rION SPDCIFICA- TIONS AND A IANDSC�IPING & SITE PLAN, ATTACHED HEREPO AI�ID Nip,DE A PART HEREOF AS EXfiIBITS "A" & "B"; CORRECrING Tf� OFFICIAL ZONING MAP; PRE- SERVING AT� 0'I� PORTI�IS OF THE ZONING ORDIlQANC�; PRCJVIDING A C�AUSE RELATING TO SE�7ERABILITY; DETERMIl�IING THAT Tf� PUBLIC INTF.FtESTS, NIORALS AND GE[�R1�L VJFS�ARE DII�'IAI�ID A ZONING CHANGE AND AN�TDN�'I' TF�REIN MADE; PRC3�TIDING A PII�LTY; AND DDCLARING AN E�!�IIJCY VJHERF.A�S, applications were made to amend the Official Zoni.ng Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Comnission of the City of Grapevine, Texa.s, 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 havi.ng come� before the City Council of the City of Grapevine, Texas, after all legal notic.es requirements, conditions and prerequisites having been c�lied with; and, Wf�REA.�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 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 ina�diately surrounding the site; safety frcgn fire hazards and measures for fire control, protection of adjacent property frcan 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 neighborhoc�d, 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 �ected to be generated by the proposed use around the site arxl in the imrediate neighborhood, adequacy of parking as detezmined 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 pr�tion 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, Wf�E'AS, 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 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 frcro same, the effect on the promotion 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, parks and other public facilities� and, Wt�REAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the vi.ew to conserve the value of buildings, encourage the rrost appro- priate use c�f land throughout this city; and, WI�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 den�ands 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 investrnent was made; and, V�HEREA:3, 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; pro�notes 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, WI�REA.S, the City Council of the City of Grapevine, Texas, has deternlitled that there is a necessity and need for this change in zoni.ng and has also found and dleternlined that there has been a change in the conditions of the property surroundi.ng 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 c:alled for, and is in the best interest of the public at large, the citizens of: the City of Grapevine, Te.xas, and helps promote the general health, saf�ty, and welfare of this coirmunity. NCJW, 7�iEREF'ORE, BE IT ORDAIl�ID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Ccac�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also }mawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is her�by am�xided and changed in that the use of the follawing described praperty, tc»ait: TRACT 1 BEIIJG all of Tract 1, Block 3 of Timberline Estates, an addition to the City of Grapevine, Tarrant County, Texas, as recorded in Voltune 388-126, Page 10 of the L�eed Reeords of Tarrant County, Texas, and being more particularly �� described as follaws: BEGITIN:LNG at the present intersection of the south right-of-°way line of � t�xstang Drive (a 70' right-of-way) with the west right-of-iaay line of Timber- line Drive (a 70' right-of-iaay) ; THENCE S 00° 02' 40" W, with the west right-of-way line of Timberline Drive, a d�stance of 207.77 feet to the beginning of a curve to the right having a �entral angle of O1° 13' 06" and a radius of 8,451.69 feet; Tf�TCE around said curve and with the west right-of-way line of Timber- line Drive, a distance of 179.62 feet to a point for corner; TI�TCE west, a distance of 193.54 feet to a point for corner; TI�10E N 00° 06' 25" E, a distance of 387.64 feet to a point for corner in the south right-of-way line of Mustang Drive; 'I�10E S 89° 57' 00" E, with the south right-of�vay line of Mustang Drive, a distance of 195.03 feet to the POINT OF BEGINNING and containing 75,552.66 square feet or 1.7345 acres of land, which, in accordance with C�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-2" �-Family Dwelling District is hereby changed to "SP" Specific Use Permit District for the construction of cnndcminiums pursuant to and in accordance with construction specifications and a landscaping & site plan, attached hereto and made a part hereof as E�hibits "A" & "B". TRACI' 2 BEING all of Tract 1, Block 1 of Timberline Estates, an addition to the City of Grapevine, Tarrant County, Texas, as recorded in Volume 388-126, Page 10 of the Lieed Records of Tarrant County, Texas and being m�re particularly described as follows: BEGIl�IIl�1G at the present intersection of the east right-of-�aay line of T�mberline Drive (a 70' right-of-way) with the south rightrof way line of Mustang Drive (a 70' right-of-�aay) ; Tf�TCE S 89° 49' 10" E, with the south right-of�aay line of Mustang Drive, a distance of 202.53 feet to a point for corner; Tf�10E S O1° 56' 35" W, a distance of 386.81 feet to a point for corner; THENCE west, a distance of 191.61 feet to a point on a curve to the left, in the east right-of�aay line of Timberline Drive, having a central angle of O1° 12' 29" and a radius of 8,521.69 feet, which bears N 88° 44' 51" W; T� around said curve and with the east right-of-way line of Timber- line Drive, a distance of 179.66 feet to a point of tangency; Tf�ICE N 00° 02' 40" E, with the east rightrof-way line of Ti.mberline Drive, a distance of 207.58 feet to the POINT OF B�GINNING and containing 75,996.79 square feet or 1.7446 acres of land, which, in accordance with Co�rehensi`�e Zoning Ordinance No. 70-10, was previously zoned "R-2" 'Itar�-Family ]�relling District and "SP" Specific Use Permit District incidental to the operation of a convenience store and gas pump facilities allawing other uses pernutted in the "C-2" Cc�arnznity Business District is hereby changed to ' "SP" Specific Use Permit District for the construction of condomini�ns pur- suant to antl in accordance with construction specifications and a landscaping & site plan, attached hereto and made a part hereof as E�hibits "A" & "B". 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 descrik�ed 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� bee.n made in accordance with the co��rehensive plan for the purpose of pro�ting health, sa.fety, rrorals and the general w�lfare of the ca�nunity. They have bee.n designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen c�ongestian in the streets; to secure safety fran fire, panic, fload and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate the adequate prwisions of transportation, water, sewerage, drainage and surface water, parks and ather p�blic requirements, and to make adequate provisions for the nornial business, coaYanercial needs and develo�nt of the cormiunity. They have been made with reasonable consideration, atrbng 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 mr�st appro- priate use of land throughout the cc�nunity. Section 5. This ordinance shall be cuirnzlative 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 tezms and provisions of this ordinance shall be dePmed to be severable and that if the valiclity 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 �:he tract or tracts of land described herein. Section 7. That any person, firm or oorporation violating any of the ternis and provisions of this ordinance shall be subject to the same penalties as provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine, Texas. Section 8. The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate tA properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the immediate 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 passage, and it is accordingly so ordained. PASSID AI�ID APPROVID by the City Council of the City of Grapevine, Texas on this the 21st day of September, 1982. APPROVED: Mayor AZTFST: Ci y Sec tary APPRUVE� AS 'PO FORM AND LEC-,ALITY: City Attorney ' EXHIBIT "A" to Ordinance No. 82-61 -:+ ; / . .. % . ..' . . - ._ . ." - w st:.. .t. " y �. . . .. . _ . .. . . .. . . - . _ .. .. �.� � . .:�'t'r.�......2) _�_}. .. . �t..`...... . �.,.. . . . .. . ,. .,_.._...� . .. _ _. . , ..._.� . . ... . _. ..�.. . CONDOMINIUI�7 BUILDING INFORMATION l . Everything is energy poly-sealed, holes , doors , windows , etc . 2. The slab is a concrete post tension slab. 3. All glass (�vindows , patio doors, ete. are double pained insulated ) 4. All wiring is copper. 5. All water pipes are copper. 6. Insulation has R11 factor walls , plus 5/8" sheetrock and brick. 7. Insulation has R22 factor in ceiling. 8. Between upstairs and downstairs , there is 12" lightweight concrete , plus a:nd R11 bat bet�veen floors for sound deadening. 9. The do�r is a metal insulated door. 1Q. Air condition is Payne Weber, Curry, etc . � 11 . Walls lbet�veen units are double party insulated walls. 12. Al1 sh�aetrock is 5�8" thick and 1 hour fire rated. 13. Shinglas are 240 lb. timberline roofing shingles . 14, Carpet all nylon should not wear out . 15. All pa:rking, drives are concrete no asphalt . 16, All retainer walls are rock not cross ties. 17 , _ Al l ra:il ing is iron , not wood. 18 . Buildings are 80 to 90% brick, we will not use stucco or plaster .