HomeMy WebLinkAboutORD 1972-030 ORDINANCE NO. 72-30
AN ORDINANCE AMENDING ORDIN�NCE NO. 7o_zp,
A ZONING t�RDINANCE OF THE CITY OF GRAPEVINE,
�''� TEXAS, GRANTING A ZpNING CHANGE ON A TRACT
�� OF LAND WHICH IS A PC3RTION '4F THE SHADY
OAKS ESTATES ADDITION T(J THE CITY C}F GRAFEVINE,
BLOCK A, AND MORE FULLY DESCRiBED HEREIN;
ORDERING A CHANGE IN THE USE OF SAID PROPERTY�
FROM R-1 TO A StECIFIC USE PERMIT FOR A
PRIVATE APARTMENT �'ROJE�T; C�RRECTING THE
OFFI�IAL ZONING MAP; rLACING A QNE (1) YEAR
LIMIT (JN SAID PERMIT; REQUIRING AN AVIGATIt7N
RELEASE; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; PROVIDING A
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SEVERABILITY CLAUSE; DETERIVIINING THAT THE
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PUBLIC INTEREST, MORALS ANU GENERAL WELFARE
DEMAND A ZONLNG CHA.NGE AND AMENDMENT HEREiN
MADE; AND PRtJVIDING A PENALTY'; AND DECLARING
AN EMERGENCY.
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� WHEREAS, applications were � made to amend the
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Official Zoning Map, City of Grapevine, Texas, by making applications for
� same with the Planning and Zoning Commission of the City of Grapevine, Texas,
, as required by state statutes and the zoning ordinance of the City of Grapevine,
Texas, and all the legal requirements, conditions and pre-requisites having
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been complied with, the cases 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,
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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
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granted or denied; safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the sites; 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 ancl adjacent praperty, street size and adequacy of width for
traffic rea sonably e�ected 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:, effecc on light and
air, the effect on the over-crowing of the land, the effect on the �oncentrgtion
� of papulation, the effect on the transportation, water, sewerage, schooYs, parka
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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 Grapev�ne, Te�as, did
consider the following factors in making a dztermination as to vahether this
requested change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dangers possibly presenc in the
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'I 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-crowing
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� of the land, the effect on the concentration on population, the effect on the
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� transportation; water, sewerage, schools, parks and other public facilities; and
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� WHEREAS, the City Council further considered among other things
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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 pro�perty 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, 'Te�as
� 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 papulation; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public requirements;
and
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' WHEREAS, the City Council of the City of Grapevine, Texas,
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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 praperty surrounding and in close proximity to the praperty 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 citiz�ns of the City of Grapevine,
and helps promote the general health, safety and welfare of this community;
NOW, THEREFORE,
BE IT O�DAINED 8Y THE CITY COiJNCIL OF THE CITY OF
GRAPEVINE, TEXAS;
SEC2I4N 1, That Oxdinance No. 7{�-1.0, � Zoning Ordinance
af the City af Grapevine, Texas, passed on April ?� 19'7Q, be, and
the same is amended and changed in that the use of the follawing
described prnperty, to-wit:
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All of the Revi�ed Shady Oaks Estates Addition ta
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the City o�' Grapevine, Block A as recnrded in the
Plat Record� of th� Taarrant County Clerk, Volume
38£i-48, Page 36'7, except that portion which is
set out by field notes and rezaned under City af
Grapevine, Ordinance ?2-I9,
which is presen�ly �oned R-i un:der t"3rdinance 7Q-10 is changed to a
Sgecific Use Permit for a Private Apartmen�t Project and subject
to the requirements and conditions set out in Section 1-A her�of.
SECTION 1-A. That a Speci�ic Use Permit for a Private
Apar-tmezzt Project under Ordinance '7C}-10 0£ the City of Grapevine
on the pxoperty described in Section I is hereby aPproved and
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granted upon the folZowing described conditions :
�`"`" {a} Said Specific Use Perm.it shall termi.nate after
a period o� ane year from the date of final passage
c�f this ordinance, if rzo building permit has been
issued �or the developmen� of any portion of the
described property.
(b) An Ava.gation Release shall be executed by all af
the owners of said property prior to the issuance of
any building permit.
{c) t'�12 development within the area rezoned by this
ordinance shall. be in confar�z�nce �h•ith a �ite Plan
which has been approved by the City Council and attached
hereta and made a part hereof.
'r�,, The abave rec�ua.rements sha].l nat be construed as condi-
tions precedent to the granting oF a zoning change, but shal]. be
construed a� conditions precedent to the granting of building persnits
and,�or certificates of accupancy.
SECTION 2. The City Manager is hereby directed to correct the
official zoning maps 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
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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.
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�rowding of land, to
� avoid undue concentration of papulation; 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
o# the district, and its peculiar suitability for the particular uses and with a
view of conserving the value of buildings and enco�r aging the most appropriate
� use of land throughout the community,
I �ection 5. This ordinance shall be cumulative of all other
� ordinances of the City of Grapevine affecting zoning and shall not repeal any
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of the provisions of said ordinances except in those instances where provisions of
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those ordinances which are in direct conflict with the provisions of this ordinance.
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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
fnvalid, the same shall not affect the validity of the zoning of the balance of the
tract or tracts of lan.d described herein,
SECTION 7. That any person, firm or eorparation
uio3ating any o� the tezzns and provisians of this ordinanc� shall
be subject to the same penaltie� �zovided far in ardi�ance No.
��-20, Zoning Ordinance �f the City of Grapevines Texas.
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SECTION 8. The fact that the present �oning ordi�ance
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and regulatians of the City �re inadequate to praperly safeguard
the health, safety, morals, peace and general welfare of the
inhabitants of the City creates an emergency for the immediate
preservation of the public business, propezty, health, safety and
general �vel�are of the pub3ic which requires that �his ardinance
shall become ef�ective f rom and after the date af its final
passage, as pravided by the Charter of the City, and it is
accozdingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GR�.PEVINE,
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TEXI��, this the 3rd day of October A.U, 19 72 .
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/''J�..�*C.,�`���f.._ • �� F
MAYC7 R
ATTEST:
City Secretary
APPROVEI7 AS TO FORM:
,✓�,� .� ; ' y���r'
� City Attorney
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� AVIGATIfJN RELEASE
i THE STATE OF TEXAS �
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; CQUNTY �F TARRA.NT �
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WHEREAS, the undersigned, hereinafter called Owner (whether
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; �' one or more), is the owner of that certain parcel of land situated in the City of
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� Grapevine, Texas, being more particularly described in Exhibit "A" attached
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hereto and it�corporated by reference herein:
NOW, THEREFORE, in consideration of the sum of ONE AND
NO/100 DOLLARS ($1,00) and other gaod and valuable consideration, the
receipt and sufficiency of which is hereby fully acknowledged and confessed,
Owner does, for the unlimited use and benefit of the public and its agencies,
hexeby waive, release, remise, quitclaim, and forever hold harmless the
City of Grapevine, Texas, a rnunicipal corporation, its successors and its
assigns, hereinafter called "City", fram, any and all claims for damages of
any kind that Owner may now have or may hereafter have in the future by
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� reason of the passage of all aircraft ("aircaraft" being defined for the purposes
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� of this instrument as any contrivance now known or hereafter invented, used
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, or designed for navigation of ar flight in the air) by whomsoever owned and
� operated, in the air �pace abave (�wner`s property at a height I50' above
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� present ground level to an infinite height above said 150' above present ground
, level, or the causing in all air space above the surface of Owner"s property such
noise, vibration, fumes, dust, fuel and lulaxicant particlesi a�nd alI ott�er effects
that may be caused by the operation of aircraft landing at, or taking off from,
or ape�ating at or on the Dallas-Fort Worth Regional Airport; ar�d �Owner does,
for the unlimited use and benefit af the public and its agencies, hereby fully
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waive, remAse and release any right or cause of action which it may now have
:� or whzch it may in the future have against City, its successo�rs and its assigns,
whethe�r s�ch cl.aim be for injury to person or damages ta or taking of property,
due to noise, vibration, fumes, dust, fue� and lubricant particles� and all
other effects that may be caused or may have been caused by the aperation of
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aircraft landing at, or taking off fram, or the operation and jor maintenance of
aircraft or aircraft engines at or on said Dallas-Fort Worth Regional Airport,
This instrument does not release the owners or aperators of aircraft from
liability for damage or injury to person or property caused by falling aircraft
'"�'"' or falling physical objects from aircraft , except as stated herein with respect
+� ta noise, fumes, dust; fuel. and lubricant particles.
Qwner specially agrees that the execution by City of any
assignment or assignments Qf the terms of this Release to any other municipat
corporation or public agency shall extend the terms hereof to any such assignee
the same as if such assignee were specaifically named herein and without
extinguishment of its terms as to City, and it is agreEd that this Release shall be
binding upon all undersigned parties, their heirs and assigns, and successors in
interest to said property described in Exhibit "A" attached hereto, and it is
further agreed that this instrument shail be a covenant running with the land,
and shall be recorded in the Deed Records of Tarrant Gounty, Texa s.
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_ EXECUTED AT'��- � Texas, this the . day
of ; ` A.D. 19 ,
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�r"�-r�:r.t_-- ^�-t=<--�'�'-��Z-"'� _
ner ,, t �
THE STATE OF TEXAS �
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�COUNTY OF ���� � � � � ��� � �
BEFORE ME, the undersigned authority, a Notary Public in and for said Cou�ty
and State, on this day personally appeared . ,%` �
known to me to be the person whose name is subscribed to the foregoing instrurnent,
� and acknowledged to me that he executed the same for the purposes and
'�'"' consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFIC� this th�
. ��}T �r " `` A.D. 19 .
.:,_.w r.�. -�-
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otary �c, n'an or
Tarrant County, Texas
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EXHIBIT "A"
ALL of that property situated in Grapevine, Tarrant .
"�" County, Texas, and more particularly described as
�' Block �A, A revision of Shady Oaks Estates, an addition
to the City of Grapevine as recorded in the Plat Records
of Tarrant County, Texas, Volume 388-r48, Page 367.
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