HomeMy WebLinkAboutORD 2005-033 ORDINANCE NO. 2005-33
' AN ORDINANCE AMENDING ORDINANCE NCI. 82-73, TNE
COMPREHENSIVE ZQNING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNUWN AS
APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING Z4NING CNANGE Z05-03 {JN A TRACT
OF LAND OUT OF THE A. F. LEONARD SURVEY,
ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT 4F
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TRRRANT COUNTY, TEXAS M4RE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE {�F SAID
PROPERTY FROM "HC" HIGHWAY COMMERCIAL
DISTRICT, "LI" �IGHT INDUSTRfAL DISTRICT AND "SP"
SITE PLAN DISTRICT REGULATIONS TO "CC"
C4MMUNITY C4MMERCIAL DiSTRICT REGULATIONS;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTiQNS 4F THE ZONING 4RDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MCJRALS
AND GENERAL WELFARE DEMAND A ZONlNG CHANGE
AND AMENDMENT THEREIN MADE; PRtJVIDING A
_� PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND Dt}LLARS �$2,000.00} FOR EACH OFFENSE,
AND A SEPARATE OFFENSE SHALL BE DEEMED
C4MMITTED EACH DAY DURING OR ON WHICH AN
OFFENSE OCCURS OR CONTWUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made #o amend the Officia! Zoning Map, City of
Grapevine, Texas by making app(ications for same with the Planning & Zaning
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
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
prerec�uisit�s 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 cansider the follawing factars in making a determination as
fio whether these requested changes should be granted or denied; safety of the motoring
public and the pedestrians using the faciiities in the area immediately surrounding the site;
safety from fire hazards and measures for fire control, protec#ion of adjacent property from
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fload or water damages, noise praducing 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 locating 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
transportation, water sewerage, schools, parks and other 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, the effect on adequate light and air, the effect on the
overcrowding 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 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 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 overcrowding 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:
ORD. NO. 2005-33 2
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
� amended and changed by Zoning Application Z05-03 to rezone the following described
property to-wit: being a 4.66 acre tract of land out of the A. F. Leonard Survey, Abstract
No. 946, Tarrant County, Texas (908, 917, 918 and 920 East Northwest Highway), more
fully and completely described in Exhibit "A", attached hereto and made a part hereof,
which was previously zoned "HC" Highway Commercial District, "LI" Light Industrial District
and "SP" Site Plan District Regulations is hereby changed to "CC" Community Commercial
District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73,
as amended.
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 ordinances 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 plan 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
A 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
overcrowding 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 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. Any person violating any of the provisions of this ordinance shall be
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deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
ORD. NO. 2005-33 3
, to exceed two thousand dollars ($2,000.00) and a separate offense shali be deemed
committed upon each day during or on which a violation occurs or continues.
Section 8. The fact that the present ordinances 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 is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of May, 2005.
APPROVED:
_ 1
William C�. Tate
Mayor
ATTEST:
Lind Huff
City �ecretary
APPROVED AS TO FORM:
f ���,�s���.} `
`�---_, -==' i
John F. Boyle, Jr.
City Attorney
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ORD. NO. 2005-33 4
r
APR 0 4 2005
LEGAL DESCRIPTION
LOT 1, BLOCK 1 GRAPEVINE CORNER Per....., .,
STATE OF TEXAS
� COUNTY OF TARRANT
WHEREAS, Triple T Farms, Ltd., Chateau Group II, Ltd., and Gary `
Hazlewood are the sole owners of a 4.66 acre tract of land situafed in the
A.F. Leonard Survey, Abstract No.946, Tarrant County, Texas, being in the
Ruth Wall Subdivision as recorded in Volume 1878, Page 279, Deed �
Records, Tarrant County, Texas, being all of Lot 6R and Lot 4A of said
Subdivision as conveyed to said Tripte T Farms as recorded �n Volume �
15504, Page 335, and Volume 15165, Page 153, Deed Recordst Tarrant �
County, Texas, respectively, and being all of Lot 5R and Lot 46 as conveyed �
to said Chateau Group as recorded iR Volume 15139, Page 179,artd Volume
15827, Page 212, Deed Records,Tarrant County, Texas, respecfively. Said - p
4.66 acre tract of land being more particularly described by rnetes and
bounds as follows:
BEGINNING at a found 1/2 inch iran rod for corner, being the southwest �
corner of said 4.66 acre tract and being the southeast corner of Lot 3 of said ~
Ruth Wall Subdivision, conveyed to Arthur A. & Darleen L 11Vhite, as �
recorded in Volume 14158, Page 52, Deed Records, Tarrant Coun�y, Texas, p.
also being in the north right-of-way line of Wall Street (a 60 foot R.O.W.); �
m
THENCE North 00°26'26" West, leaving said right-of-way line and following =
along the east line of said Lot 3 and the west line of said Lot 4A, being a �X
common line, at a distance of 269.54 feet passing a found 5/8 inch iron rod
for the northeast corner of said Lot 3 and the northwest corner of said Lot 4A,
and continuing for a total distance of 306.67 feet to a set 1/2 inch iron rod for
corner, said point being in the south right-of-way line of Northwest Highway
(State Highway 26) (a variable width R.O.W.), and being the point of
curvature of a non-tangent curve to the left having a radius of 2390.00 feet, a
central angle of 5°48'53" and a long chord which bears North 82°54�'35" East,
242.45 feet;
THENCE northeasterly, along said south right-of-way line and the arc of said
non-tangent curve to the left, for a distance of 242.56 feet to a faund Txdot
aluminum disk in concrete for corner, said point being the point of curvature
of a non-tangent compound curve to the left having a radius of 500.00 feet, a
central angle of 15°07'S7", and a lang chord which bears North 83°06'34"
East, 131.67 feet;
THENCE northeasterly, along said sauth right-of-way line and the arc of said
non-tangent compound cunre to the feft, for a distance of 132.06 feet to a
found Txdot aluminum disk in concrete for corner, said point being the point
of curvature of a non-tangent compound curve to the left having a radius of
2897.41 feet, a central angle of 3°2T14" and a long chord which bears North
73°48'S7" East, 174.63 feet;
THENCE northeasterly, said south right-of-way line and the arc of said non-
tangent compound curve to the left,for a distance of 174.66 feet to a set 1/2
inch iron rod for corner;
� THENCE South 54°01'14" East, leaving said south right-of-way line, for a
distance of 46.68 feet to a found Txdot aluminum disk in concrete for corner,
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APR 0 4 2005
said point being in the west right-of-way line of Business Highway 114 (a per.,.�.
variable width R.O.W.); °""�
THENCE South 00°17'01" West, along said west right-of-way line, for a
_ distance of 85.25 feet to a set 1/2 inch iron rod tor corner, said point being
the point of curvature of a non-tangent curve to the left having a radius of
fi18.50 feet, a central angle of 26°14'28" and a long chord which bears South
12°17'09" East, 280.80 feet;
THENCE southeasterly, along said west right-of-way line and the arc of said
non-tangent curve to the left, for a distance of 283.27 feet to a found Txdot
aluminum disk in concrete for corner;
THENCE South 31°59'03" West, leaving said �rest right-of-way line, for a �
distance of 10.70 feet to a found Txdot aluminum disk in concrete for corner, o
said point being in said north right-of-way line of Wall Street;
THENCE South 89°32'55" West, along said narth right-of-way line, for a o
distance of 628.13 feet to the POINT OF BEGENNING and CONTAINING �
203,090 square feet or 4.66 acres of land, more or less.
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