HomeMy WebLinkAboutORD 2005-045 ORDINANCE NO. 2005-45
AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDiX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z05-04 ON A TRACT
OF LAND OUT OF THE WILLIAM DRISKILL SURVEY,
ABSTRACT NO. 405, DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "PCD" PLANNED COMMERCE
DEVELOPMENT DISTRICT TO "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND A ZONING CHANGE AND
AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A
SEPARATE OFFENSE SHALL BE DEEMED COMMITTED
EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS
OR CONTINUES; DECLARING AN EMERGENCY AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas by making applications for same with the Planning & 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
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
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,
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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:
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Section 1. That the City of Grapevine Ordinance No. 82-73, being the
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Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
ORD. NO. 2005-45
as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z05-04 to rezone the following described
property to-wit: being a 1.75 acre tract of land out of the William Driskill Survey, Abstract
� ' No. 405, Tarrant County, Texas (4101 William D. Tate Avenue; Lot 1, Block 1, Vineyards
North Addition) more fully and completely described in Exhibit "A", attached hereto and
made a part hereof, which was previously zoned "PCD" Planned Commerce Development
District 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
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
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
,:�,.� to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
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ORD. NO. 2005-45
to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or continues.
� R 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 21st day of June, 2005.
APPROVED:
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William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
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John F. Soyle, Jr.
City Attorney
ORD. NO. 2005-45 4
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PROPERTY DESCR/PT/ON
BE/NG THE NORTHERLY 1.7500 ACRE TRACT OR PARCEL OF LAND OUT OFAND A PART OF LOT 1, BLOCK 1 OF THE UN/TY CHURCH OF NORTHEAST
TARR.4NT COUNTY ADD/T/ON, AN ADD/T/ON TO THE C/TY OF GRAPEV/NE, TARRANT COUNTY, TEXAS,ACCORD/NG 717 THE PL�1T THE'REOP RECORDED/N CAB/NE/'
A", SLDE 3230 OF THE PL9T RECORDS OF TARRAIYT COUNTl; TBXAS.SA/D NORTHERLY 1.7500ACRE PORT/ON BE/NG MORE PART/CUL4RLY DE'SCR/BED BY
METESAND BOUNDSASFOLLOWS.'
BEG/NN/NG AT A 1/NCH/RON P/PL�FOUND FOR TH£NORTHW£ST CORNER OF THF SA/D LOT 1,BLOCK l, UN/TY CHURCH ADD?10N, S.UD PO/NT BE/NG/N TH6
EAST[JNE OF LOT 1,BGOCK Z OF DRISK/LL PI�ICE,AN ADD?/ON TO THE C/TY OF GRAPEY�NE, TARRANT COUNTY, TF.JG4SAS RECORDE'D/N CAB/NET A", SL/DL�'
5645 OF THE PLAT RECORDS OF TARRANT COUNTY, TEX.4S AND ALSO B£/NO /NA SOUTHERLY[.lNE OF THE DOY SCHWARTZ TRACT NO.5 AS RECORDED/N
VOLUME 10666, PACE 1949 OF TH6 DEED RECOR�S OF TAR2Wt'COUNTY, TEXAS' �
THENCE NORTH 69 DEGREES 03 M/NUT�'S 26SECONDS EAST (PL�IT CALL NORTH 87DEGREES 09 M/NUTE'S 46SECONDS EABTI, ALONG THE NORTH LJNF OF
SA/D UN/TYCHURCH.4DD?/ON,A D/STANCEOF 300./O FEET TOA 1/NCH/RONP/PBFOUNDI�ORTHBNORTHF.4STCORNBROFSA/DLOT 1,BLOCK 1,UN/TY
CHURC/-P OFNORTHEAST TARR4NT COUNTY ADD?/ON. SA/D PO/NTALSO BE/NG THE NORTHWEST CORNER OF ThACT 2 AS DESCR/BED/N DEED RECORDED
/N VOLUME'10666, PAQE 1949 OF THE DEED RECORDS OF T.4RRANT COUNTY, �XAS,'
THENCE'SOUTH 00 DEGREBS 24 M/NU7'ES 10 SECONDS EAST (PL�tT CALL SOU7'H 02 DEGREES 17 M/NUTES 50 SECONbS EASlI ALONQ THE EAST L/NS OF
Lor f, BLOCK 1, UN/TY CHURCHADD?/ON, A D/STANC£OF 254.00 FEET TO A �/�a/NCH/RON ROD 3ET FOR THE SOUTHE'A57'CORNER OF TKE'HERElN DESCR/BED
TRACT,'
THENCE SOUTH B9 DEGREES 03 M/NUTES 26 SECONDS WEST; CROSS/NG SA/D LOT 1, BLOCK 1, UNRY CHURCH.4D0/T/ON,A D/STANCB OF 300.17 FEET TO A
�/s/NCH/RON ROD SET FOR THE SOUTHWEST CORNER OF TH£HER£IN DESCRlBE'D TRACT. SA/D PO/NT BE/NC'r/N THE WEST L/NE OF THEAFOREMENT/ONED LOT 1,
BLOCK 1, UN/TY CHURCH ADD/TJON,AND ALSO/N THE EA.47 L/NE OF LOT 1, BLOGK 1 oF f21 MED/CAL ADD/T/ON rtE'COROE'o/N C.tei�vE�' "A'; SL/DE 9166 OF
THE PuT R6CORDS oR'Ti1RRANT COUnm; TExAS,'
THENCE NORTH DO DEGREES 23 M/NUTES 16 SECONDS WEST (PLAT CALL NORTH 02 DEGREES 16 M/NUTES 56SECONDS WEST)
ALONG THE WEST L/NE OF LOT 1, BLOCK 1, UN/TY CHURCH ADD?/ON: (AT 26.60 FE'ET PASS/NG A 5/B/NCH/RON ROD FOUND FOR THE NORTHE'.4ST CORNER
OF THE SA/D LOT 1, BLOCK 1, 12! MED/CAL ADD?/ON AND TH6 SOUTHF.itST CORNER OFA 1.3J�4 ACRE TRACT OF LAND, KNOWN AS THE RE'MA/NDER OF THE
V/SIONS SOUTNWEST 40, L.P. 5.654 ACR6 TRACT Of L�IND RECORDED/N VOLUME 1646B, PAGE 64 OF THE DEED RFCORDS OF TARRANT COUNTY. TEXAS,'
THEN AT 244.00 FEEI'PASS/NG A �/p/RON ROD FOUND FOR THE'NORTHEAST CORNER OF THE C,ALLED R�MA/N/NG 1.954 ACRE'TRACTAND ALSO BE'/NG THE
SOUTHEAST CORNER OF TH6 AFOREMENTlONED LOT 1, BLOCK Z, DR/SK/LL PLACEI /N AL4 A TOTAL D/STiVVCE OF 254.00 f'EE'r To rHB PL4CE OF BEG/NN1NG
AND CONTA/N/NQ 76,231 SqUARE FE�7'OR 1.7500 ACRES OFLAND,MOR�OR L.BSS.
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DONALD W. WES7'ERMAN �• �'
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