HomeMy WebLinkAboutORD 1991-089 ,�.:_�,
ORDINANCE NO. 91-89
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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 A ZONING CHANGE ON A TRACT OF
LAND DESCRIBED AS BEING A LOT, TRACT, OR
PARCEL OF LAND LYING AND BEING SITUATED IN
TARRANT COUNTY, TEXAS, BEING A 50.694 ACRE
TRACT OF LAND IN THE G. B. KNIGHT SURVEY,
ABSTRACT NO. 898 IN THE CITY OF GRAPEVINE,
TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN
THE BODY OF THIS ORDINANCE; ORDERING A CHANGE
IN THE USE OF SAID PROPERTY FROM "R-20"
SINGLE-FAMILY DISTRICT REGULATIONS, TO "R-7. 5"
SINGLE-FAMILY 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, 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
l Grapevine, Texas did consider the following factors in making a
f 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
i 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
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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 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 Z91-11 in that the use of the following
described property, to wit:
Being an 50. 694 acre tract of land out of the G. B.
Knight Survey, Abstract No. 898, in the City of
Grapevine, Tarrant County, Texas, more fully and
completely described in Exhibit "A" , attached hereto and
made a part hereof, which was previously zoned "R-20"
Single-Family District Regulations, is hereby changed to
"R-7. 5" Single-Family District Regulations, all in
accordance with Comprehensive Zoning Ordinance No. 82-73,
as amended.
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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.
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Section 5. Owner/applicant Joe L. Wright voluntarily
� � submitted the attached site plan, labeled Exhibit "B" and made a
part hereof, during the public hering and requested that the site
plan, which limits the development to a maximum total of 84 lots,
��� be incorporated into the zoning ordinance as an integral and
necessary part of the ordinance. The City Council accepts the
tendered site plan, approves same, and does hereby limit
development of the subject property to comply with the site plan.
Section 6. 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 7 . 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 8 . 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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�? Section 9. 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 is accordingly so ordained.
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� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
� GRAPEVINE, TEXAS on this the 17th day of December , 1991.
, APPROVED:
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� Wi liam D. Tate
; � .� Mayor
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ATTEST:
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Li da Huff
City Secretary
APPROVED AS TO FORM:
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John F. Boyle, Jr.
� City Attorney
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Exhibit "A" to Ordinance 91-89
Page 1 of 3
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FIELD NOTES - ZONING APPLICATION Z91-11
'��'``� All that certain tract or parcel of land situated in the G. B.
Knight Survey, Abstract 898, Tarrant County, Texas, and being a
portion of that same tract described to David E. Box, Jr. , Joe N.
Box, W. Donald Box, Mary Ruth Box Jones, and Evelyn Box Smith as
recorded in Volume 6149, Page 975, Deed Records, Tarrant County,
Texas, and being more particularly described by metes and bounds as
follows:
BEGINNING at a nail in asphalt in the approximate centerline of
Pool Road (County Road 3038) and on the West boundary line of said
Box Tract, said point being the Southwest corner of the same tract
described to the City of Grapevine as recorded in Volume 8773, Page
2043 , Deed Records, Tarrant County, Texas;
THENCE Easterly with the approximate centerline of Big Bear Creek
and the Southerly boundary line of those same tracts described to
the City of Grapevine as recorded in Volume 8773 in Page 2043,
Volume 7732 in Page 2144, and Volume 6878 in Page 1442 , Deed
Records, Tarrant County, Texas, the following calls:
North 55 degrees 38 minutes 46 seconds East at 58 . 09 feet to
a point;
� ' North 66 degrees 10 minutes 03 seconds East at 151. 14 feet to
a point;
�,,, , South 31 degrees 04 minutes 10 seconds East at 196. 51 feet to
a point;
North 76 degrees 41 minutes 45 seconds East at 197 . 68 feet to
a point;
South 69 degrees 31 minutes 05 seconds East at 67 . 35 feet to
a point;
South 29 degrees 00 minutes 00 seconds East 80. 00 feet to a
point;
South 20 degrees 00 minutes 00 seconds East at 57 . 00 feet to
a point;
South 72 degrees 30 minutes 34 seconds East at 57. 62 feet to
a point;
North 71 degrees 16 minutes 37 seconds East at 59 . 83 feet to
a point;
North 47 degrees 25 minutes 56 seconds East at 63 . 04 feet to
a point;
South 81 degrees 27 minutes 54 seconds East at 164.71 feet to
a point;
South 59 degrees 45 minutes 00 seconds East at 197. 00 feet to
a point;
South 84 degrees 21 minutes 00 seconds East at 61. 02 feet to
a point;
� t South 02 degrees 39 minutes 39 seconds West at 72 . 40 feet to
a point;
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South 44 degrees 15 minutes 19 seconds East at 68 .70 feet to
a point;
Exhibit "A" to Ordinance No. 91-89
Page 2 of 3
Field Notes: Z91-11-Joe Wright-Page 2
South 79 degrees 31 minutes 00 seconds East at 96. 00 feet to
a point;
*` ' North 27 degrees 14 minutes 00 seconds East at 66. 00 feet to
a point;
North 01 degrees 01 minutes O1 seconds West at 79.50 feet to
point;
North 69 degrees 39 minutes 00 seconds East at 135. 00 feet to
a point;
South 84 degrees 51 minutes 00 seconds East at 113 . 00 feet to
a point;
North 48 degrees 59 minutes 00 seconds East at 82 . 00 feet to
a point;
North 70 degrees 39 minutes 00 seconds East at 64. 00 feet to
a point;
North 45 degrees 49 minutes 00 seconds East at 73 . 00 feet to
a point;
North 78 degrees 14 minutes 00 seconds East at 87 . 00 feet to
a point;
North 68 degrees 37 minutes 00 seconds East at 39.86 feet to
a point;
North 68 degrees 32 minutes 23 seconds East at 136. 02 feet to
a point;
North 13 degrees 45 minutes 00 seconds East at 79. 00 feet to
a point;
North 12 degrees 50 minutes 00 seconds West at 77 . 00 feet to
a point;
. North 43 degrees 00 minutes 00 seconds East at 68. 00 feet to
a point;
South 64 degrees 45 minutes 00 seconds East at 138. 00 feet to
a point;
South 22 degrees 50 minutes 00 seconds East at 109. 00 feet to
a point;
South 58 degrees 00 minutes 00 seconds East at a 48. 00 feet to
a point;
North 87 degrees 40 minutes 00 seconds East at 21. 74 feet to
a point;
THENCE South 13 degrees 41 minutes 31 seconds East, 35. 14 feet to
a steel rod on the south bank of said Big Bear Creek;
THENCE South 03 degrees 24 minutes 30 seconds East with the East
boundary line of said Box Tract, 775. 35 feet to a steel rod;
THENCE South 71 degrees 15 minutes 41 seconds West with the South
boundary line of said tract, 468.93 feet to a steel rod;
THENCE South 71 degrees 12 minutes 38 seconds West continuing with
the said South boundary line, 438 . 34 feet to a steel rod;
THENCE South 71 degrees 24 minutes 27 seconds West continuing with
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said line, 150. 50 feet to a steel rod;
Exhibit "A" to Ordinance 91-89
Page 3 of 3
Field Notes Z91-11-Joe Wright-Page 3
` ° THENCE North 86 degrees 35 minutes 35 seconds West continuing with
said line, 118 .90 feet to a steel rod;
THENCE North 83 degrees 03 minutes 31 seconds West continuing with
said line, 205.89 feet to a steel rod;
THENCE South 69 degrees 52 minutes 02 seconds West continuing with
said line, 172 .52 feet to a steel rod;
THENCE South 89 degrees 42 minutes 03 seconds West continuing with
said line, 290.86 feet to a steel rod;
THENCE South 43 degrees 48 minutes 12 seconds West continuing with
said line, 46. 96 feet to a steel rod;
THENCE South 89 degrees 45 minutes 12 seconds West continuing with
said line, 505. 02 feet to a capped steel rod stamped "D.C. Moak RPS
156" in the approximate centerline of Pool Road (County Road 3038)
said point being the Southwest corner of said Box Tract;
THENCE North 00 degrees 08 minutes 40 seconds East with the West
boundary line of said tract, 1204 . 33 feet to the place of beginning
and containing 51.426 gross acres of land of which approximately
, 0.732 acre lies within the apparent right-of way of Pool Road
leaving an approximate net area of 50. 6194 acres more or less, as
surveyed by David C. Moak Surveyors, Inc. in the month June, 1990.
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Exhibit "B " to Ord. 91-89
Page 1 of 1
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