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HomeMy WebLinkAboutORD 1979-066 ORDINANCE N0. 79-66 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON TWO TRACTS OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF �°��" THE W.D. SHEPHERD SURVEY, ABSTRACT N0. 1393 , IN THE CITY OF GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS �=„a ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY AS FOLLOWS : TRACT I : FROM A COMBINATION OF "R-3" MULTI-FAMILY DWELLING DIS- TRICT AND "C-2" COMMUNITY BUSINESS DISTRICT TO "R-3" MULTI-FAMILY DWELLING DISTRICT. TRACT II: FROM A COMBINATION OF "R-3" MULTI-FAMILY DWELLING DIS- TRICT AND "C-2" COMMUNITY BUSINESS DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP ; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PRO- VIDING A CLAUSE RELATING TO SEVERABILITY; DE- TERMINING THAT THE PUBLIC INTERESTS , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMEND- MENT THEREIN MADE; PROVIDING A PENALTY; AND � DECLARING AN EMERGENCY. WHEREAS , applications were made to amend the official '�"""� zonin ma Cit of Gra evine Texas b makin a lications . g P , Y P ► , Y g PP for same with the Planning and 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 pre-requisites 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 pre-requisites having been complied with; and, WHEREAS , 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 changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately 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 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 immediate 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 loading 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 over-crowding 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 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 from same , the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the over- �"" crowding of the land, the effect on the concentration on 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, WHEREAS , 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 investment was made; and, WHEREAS , 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 over- � � crowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools , parks and other public requirements ; and, WHEREAS , 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 community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, 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 Title 10 of the City Code of Grapevine , Texas , be, and the same is ,,,�„ hereby amended and changed in that the use of the following described property, to-wit : Tract I : Field notes for Williams Investments for : A part of the W. D. Shepherd Survey, Abstract No. 1393 , situated at the City of Grapevine in Tarrant County, Texas ; and embracing the tract described in the deed to Willard R. Baker Company recorded in Volume 6711, Page 692 of the Tarrant County Deed Records and a portion of Tract No. 2 described in the deed to Willard R. Baker Company recorded in Volume 6712 , Page 280 of the said Deed Records and a portion of the tract described in the deed to Payton-Wright Properties recorded in Volume 4886 , Page 544 of the said Deed Records ; and a portion of the tract described in the deed to Larry Lightner recorded in Volume 6152 , Page 277 of the Tarrant County Deed Records . Commence at the northwest corner of the 52-178/1000 acres tract described in the deed to Larry Lightner recorded in Volume 6152 , Page 277 of the said Deed Records in the West line of the said Shepherd Survey 236-1/10 feet from its Northwest corner; and then run North 89 degrees-51 minutes East, along the Northerly line of the said Lightner tract , 681-03/100 feet to a 7/8" iron in the middle of a creek for the Northwest corner of Tract No. 1 described in the said deed to Willard R. Baker Company recorded in Volume 6712 , Page 280 of the said Deed Records ; North 89 degrees- 51 minutes East, continuing along the said Northerly line of the Lightner tract and the North line of the said Willard R. Baker Company Tract No. 1, a distance of 594-17/100 feet to a Z" iron rod; South 89 degrees-54 minutes East, continuing along the said Northerly line of the said Lightner tract and the said North line of the Willard R. Baker Co. Tract No. l, a distance of 304-80/100 feet to a 3/4" iron in the middle of a creek for the Northerly Northeast corner of the said Lightner tract and the Northeast corner of the said Willard R. Baker Co. Tract No. 1 and for the Northerly Northwest corner of the said Payton-Wright Properties tract for the Northwest and beginning corner of the tract being described. Thence South 89 degrees-51 minutes-40 seconds East , along the North line of the said Payton-Wright Properties tract, 648-11/100 feet. Thence South 18 degrees-45 minutes West 434-91/100 feet. Thence South 54 degrees West 29-8/10 feet. Thence North 89 degrees-51 minutes West 210 feet . Thence South no degrees-09 minutes West 162 feet to a point in a curve to the right whose radius is 3605-98/100 feet , in the North line of the 60 feet wide right of way for Timberline Drive des- cribed in the deed to the City of Grapevine recorded in Volume 5228 , Page 6 of the said Deed Records . Thence Westerly, along the said North line of the right of way and said curve to the right , 485-48/100 feet to a 7/8" iron rod at its end, the chord of said 485-48/100 feet arc is North 85 degrees-57 minutes-16 seconds West 485-11/100 feet. Thence North 81 degrees-59 minutes West , continuing along the said North line of right of way, 55 feet to a 3/4" iron in the middle of a creek for the Southwest corner of said Tract No. 2 . Thence up the middle of said creek, along the West line of said Tract No. 2 : North 5 degrees-38 minutes East 86-2/10 feet ; North 30 degrees-17 minutes East 68 feet; and North 15 degrees-42 minutes West 15 feet to a 1" iron rod for the Northwest corner of said Tract No. 2 and the Southwest corner of the said Willard R. Baker Company tract recorded in Volume 6711 , Page 692 of the said Deed Records . Thence along the Westerly line of said Willard R. Baker Company tract and the Northerly East line of the said Tract No. 1 continuing up the said middle of creek: North 15 degrees-42 minutes West 59-70/100 feet to a 7/8" iron rod; North 6 degrees-31 minutes East 163-05/100 feet to a 1" iron rod; ,,,�,, North 78 degrees-32 minutes East 48 feet to a 7/8" iron rod; North 9 degrees-48 minutes East 77-05/100 feet to a 5/8" iron rod; South 78 degrees East 94-80/100 feet to a galvanized spike; ''�"'` South 43 degrees-27 minutes West 73-60/100 feet to a 3/4" iron rod; South 53 degrees-03 minutes East 39-80/100 feet to a 3/4" iron rod; North 63 degrees-31 minutes East 84-85/100 feet to a 3/4" iron rod; and South 68 degrees-27 minutes East 90 feet to a 3/4" iron rod. Thence along the common line of the said Tract No. 1 and the said Payton-Wright Properties tract continuing up the said middle of creek: North 26 degrees-03 minutes East 85-05/100 feet to a 3/4" iron rod; North 54 degrees-57 minutes West 70 feet to a 3/4" iron rod; and North 38 degrees-54 minutes West 80 feet to the place of beginning and containing 8-766/1000 acres ; which in accordance with comprehensive zoning ordinance 70-10 was previously zoned "R-3" Multi-family dwelling district and "C-2" Community Business District is hereby changed to "R-3" Multi-family Dwelling District . Tract II. Field notes for William Investments for : A part of the W. D. Shepherd Survey, Abstract No. 1393 , situated at the City of Grapevine in Tarrant County, Texas ; and embracing a portion of the � tract described in the deed to Payton-Wright Properties recorded in Volume 4886 , Page 544 of the Tarrant County Deed Records and a portion of Tract No. 2 described in the deed to Willard R. Baker Co. recorded in Volume 6712 , Page 280 and a portion of the tract described in the deed to Larry Lightner recorded in Volume 6152 , Page 277 of the said Deed Records . Commence at the Northwest corner of the 52-178/1000 acres tract described in the deed to Larry Lightner recorded in Volume 6152 , Page 277 of the said Deed Records in the West line of the said Shepherd Survey 236-1/10 feet from its Northwest corner; and then run North 89 degrees-51 minutes East, along the Northerly line of the said Lightner tract , 681-03/100 feet to a 7/8" iron in the middle of a creek for the Northwest corner of Tract No. 1 described in the said deed to Willard R. Baker Co. recorded in Volume 6712 , Page 280 of the said Deed Records ; North 89 degrees-51 minutes East, continuing along the said Northerly line of the Lightner tract and the North line of the said Willard R. Baker Co. Tract No. 1, a distance of 594-17/100 feet to a 2" iron rod; South 89 degrees- 54 minutes East, continuing along the said Northerly line of the said Lightner tract and the said North line of the Willard R. Baker Co. Tract No. l, a distance of 304-80/100 feet to a 3/4" iron in the middle of a creek for the Northerly Northeast corner of the said Lightner tract and the Northeast corner of said Willard R. Baker � Co. Tract No. 1 and for the Northerly Northwest corner of the said Payton-Wright Properties tract ; South 89 degrees-51 minutes-40 seconds East, along the North line of the said Payton-Wright ,,�,, Properties tract, 648-11/100 feet for the Northerly Northwest and beginning corner of the tract being described. Thence South 18 degrees-45 minutes West 434-91/100 feet. Thence South 54 degrees West 29-8/10 feet. Thence North 89 degrees-51 minutes West 210 feet. Thence South no degrees-09 minutes West 162 feet to the North line of the 60 feet wide right of way for Timberline Drive described in the deed to the City of Grapevine recorded in Volume 5228 , Page 6 of said Deed Records and being in a curve to the left whose radius is 3605-98/100 feet . Thence Easterly, along said curve to the left along the said North �" line of right of way, 9-79/100 feet to a 5/8" iron at its end; the chord of said 9-79/100 feet arc is South 89 degrees-46 minutes- 20 seconds East 9-79/100 feet. � Thence South 89 degrees-51 minutes East, continuing along said North line of right of way, 341-21/100 feet to a 7/8" iron rod , in the proposed West line of highway right of way (per data furnished by State of Texas Highway Dept. ) Thence along the said proposed West line of highway: North 19 degrees-42 minutes East 116-46/100 feet to the beginning of a curve to the left with a radius of 2834-79/100 feet ; then along said curve to the left 498-6/10 feet to a 7/8" iron rod in the North line of said Payton-Wright Properties ; the chord of said 498-6/10 feet arc is North 14 degrees-39 minutes-55 seconds East 497-95/100 feet. Thence North 89 degrees-51 minutes-40 seconds West, along the said North line of Payton-Wright tract , 142 feet to the place of beginning and containing 3-062/1000 acrea; which in accordance with Compre- hensive Zoning Ordinance 70-10 was previously zoned "R-3" Multi- Family Dwelling District and "C-2" Community Business District Zoning is hereby changed to "C-2" Community Business District Zoning. ���� 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 plant for the purpose of promoting health, safety, morals and the general welfare of the community. 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 from fire, panic , flood and other dangers ; provide adequate light and air ; to prevent over- crowding 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 , commercial needs and development of the community. 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 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, firm or corporation � violating any of the terms and provisions of this ordinance shall be subject to the same penalties 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 to 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 from and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , this the 20th day of November , 1979 . �,..R � Mayor ATTEST: . CITY C R APPROVED AS TO FORM AND LEGALITY: s �_,.. �� � � �� �. ��,�,�„� ���. �: � �..,, �, CITY ATTORNEY �