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HomeMy WebLinkAboutORD 1990-071 � ORDINANCE NO. 90-71 �"""' AN ORDINANCE AMENDING ORDINANCE N0. 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 PART OF THE W. D. SHEPHERD SURVEY, ABSTRACT NO. 1393 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-TH" TOWNHOUSE DISTRICT REGULATIONS AND "PO" PROFESSIONAL OFFICE 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 SEPAR.ATE 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 overcrowding of the land, the effect on the concentration of population, 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, 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, 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 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 i�,,, 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 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 in that the use of the following described property, to-wit: Being a part of a tract of land out of the W. D. Shepherd Survey, Abstract No. 1393 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-TH" Townhouse District Regulations and "PO" Professional Office 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. 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 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 r�* 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 . 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. .�.. 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 is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 20th day of November , 1990 . APPROVED: William D. Tate Mayor � � � ATTEST: � Lind Huff City Secretary APPROVED AS TO FORM AND LEGALITY: �. John F. Boyle, Jr. City Attorney � � r!� � � � OCT-�5-'9� FP,I 15: 1 J I L�:GAREY' l�J G I LLEY TEL NU%�1�(-�3�'4bb' �000 r�Y , z � _ � EXHIBIT "A" ,' TO ORDINANCE , - REC�EIVED O�T No. 90-71 iBTAiL19NE01tW S 19g0 Page BROOKE9 BAKER 9URVEYQRB oAVV�s�r��•�a► 1 o f 5 �lA11lY W,41LLlY JONN!�.MKfR(1fl4-INEl �'' OON W.M�01tlY A�lIGl��eIONAI OOh►OIIATION STC�MEN N.1100lRSO►1 TITI!AH�TbPOdRAPMIC AURVEYINA A.J.YAKiR,OONBULTANT ORppKlS OA%ER BUI�DINO—611 E BWFF BTREET fftEO M.MORRIS�OOr�SU�TANT 117,99i.71i1 +r;r,,,, MeTno�eti�o �a�-�' T Q�t o b e r 5, 19 9 0 �oaT wopTM,T�x�o�e�o�t� Paga 1 of 3 Field notes far Mr. Larry Lightner Por: - Pgrt af the W.D. 5hephexd Survey, Abstract No. 1393 , situated in the City af C�rapevit�e in Tarrant County, Texa�; and embrac- ir�g a pnrtion af the 52-178/1000 aare� tract deacribed in the deed to Larry Li�htner recorded in valume 6152 , page 277 of the Tarrant Cauntv Deed Record� . Commencing in the west line o� the 8aid Shepherd 3urvey and the east llne af the J . S. Byrd Survey, Abstract No . 207 and the weat line of the said 52-178/1000 aeres tr�ct in the sauth line oP the tract describ�d in the detd ta th� City ai Qrapevine recorded in volume 7562 , pa�e 2386 of the �aid Deed Records Por Timberline Drive , from which a 5/8" iron rod for the northwest corner of the said 52-�78/1000 ecres traet bears nvrth no degrees-na minute�-07' seconds east, 480 feet; and run, alr�ng the eouth line of Baid City tract fo�' Timber].ine brive: ,�,.,,�, ea�t 1:84-�60/100 feet ta the beginnin� o� a curve o the right having a radius of 3308-90/100 feet; '�+ along eaid curve to the right an e�rc length of 48- 09/100 �eet to the noz'theast corner of Herltag� Avenue se it apPears upon the map recorded in vv�.ume 388-196, page 98 of the eetid Dead Records and for the propo�ed center line of H�ri�age Raa�d and being the northwest and b�ginni.ng corner of the tract being de�acri.bed , the ldng ahard cf said 48-09/100 feet arc i� south 89 degrees-3� minutes-31 second� east, 48- Og/lOQ feet . Thenae continuing along said curve to the right an arc length of 413-82/iQ0 feet to a 5/8" iron rad at ita end, �or the east carner of said City tract �nr3 in the sauth la.ne of the tract deecribed in the deed to ths City of Grapevine recorded in volum� b228, page 1 oP the agid Deed Records, the long chard o�' said 413-92/100 feet arc is south 85 degree�-34 minutes-�1 second� ea�t� 413-63/100 feet. Thenas south 61 degrees-59 minutes e�at, continuing along laBt mentioned citY tract� 294-82/100 feet to a mark "Y" on concrete headwall �ar the northwest aaxner af Lot 1 in Block 1 of �* Timberbrook Addition as �aid LaC 1 appeara upon the map recerded in volume 388-210, p�ge 21 af the Tarrant Caunty Deed Records. � Thence along the westerly and s4utherl� line of said Lot 1 and �enerally elong a creek the follewing: � __ . . . uc i-�5-��e r K i 1 b: 1..5 111:I�HREY W G I LLE'r TEL N0:817-332-4665 1�b88 P�5 . z�o-�3 , EXHIBIT "A" to RECEIVED OCT 8 1SSO ORDINANCE NO. 90-71 ESTABLI6HED IdpOPAGE 2 O f S BROOKES BAKER ��s Octobe� 5 , 1990 su�vcvoRs Pa�e 2 af 3 � � Field note� for Mr. Larry Lightner f�r: - (continued) eouth 9 degree�-45 minutes-25 �secands weat� 122- �44/100 feet to a found 5/8" iron rod; eouth 14 degree�-01 minute-54 seconde ee�st, 22-85/100 feet to a fvund 5/S" iron rod; �outh 20 degrea$-27 minutes-06 �econda west, 56- 46/104 feet to a faund 1/2" iron rod; south 5� dep�ree�-18 minutes-01 'saeaMd eagt� 67- 43/100 f�et to a found 1/2" iron rod; artd �outlY 29 degreee-14 mir�utde-58 seconds east, fi3- 61/100 Yeet ta a 5/8" iron rod set for the south , corner oP �aid Lot 1 . Thenoe continuing generally alon� a creek the following : south 83 de�rees-34 minutes-37 seconds west, BS- 72/100 f�t� to a 5/8" iron rod; evuth 38 degreea-�03 minutes-41 seconda eaet � 96- 83/100 feet to a 5/8" iron rod; aouth 38 degrees-53 minutes-55 secandg we�t, 36- ,.��, 3?/100 f�et to a 5/8" iron rod; south 38 de�rees-28 minutes ea��, 159-64/100 feet to a 5/8" iran rod; and "'� $vuth 14 degrees west , 14-$9/�.00 f�et ta the $outh line of said 52-178/1000 acree tract . . Thence eouth 89 degr+�ee-54 minutes-20 second�s west, along the asid eouth lin� op s�id 62-178/1000 e�cr�g tract� 993-1A/100 feet to the southea�t ec�rner oi sa�d Heritage Avenue for the s�id propo��d center line of Heritage Ra�,d and bein� north 89 degrees-54 minutes-20 se�onds east, 45y55/140 �eet from the southwegt aorner of said 52-178/1000 acres traat. Thence northerly along said proposed center line of Heritage Road: along a curve to the right having a radiu� of 800 feet an arc length of 297-6?/100 feet tv itis end, the long chord �f said 297-fi7/lOCi feet a►xc i� north 10 de�reea-39 minutes-41 secands east, 296-96/1Q0 feet; north 29 degree� �ast , 32-11/Z00 feet to the beginn� ing oP a curve to the left having a radius af 800 feet; ..,�: �� ` � • OCT-05-'9� FRI 15: 14 ID:GAREY lJ GILLEY TEL NU:�1'r-3��-4bb� uoaa r�v Z�'O-13 �EXHIBIT "A" to Ordinance ����«��� Q�T � ����ROOKES�BAKER o. 90-71 � Ootober 6 � 1990 SURVEYOA6 Page 3 of 5 Page 3 of 3 �"'�" Field notoa f4z- Mr. Larry Lightnar for: - (�ontinuedl � alon� said curve to the. left an arc l�ngth of ZB2- � 98/1Q0 feet to its end, the Yong chord of said 292- 98/100 feet arc is narth 18 degrees-30 minutes-30 aecond$ eaet, 291-35/100 feet; and north 8 degrees-01 minute east, 31-21/100 feet tcs the place af beginning and contai�ning 11-264/1�00 acres. Burvey�d Ootober, I990 . BFtOOI{ES $AKER SURVEYORS { � �/_ . �.J�� l�tJ• 1`''���..� ,tp.�;��i���,�¢Q.� _ Don W. �icke,y �' � . ';� ... ... .�.... DriN N!, hdICKEY . ...,.. ., ..,�....� ��''.� ��3�1 �,,.,'� r+ g��p�`U�1���'�� �,.,� � , � � �-�- . '�t.� �y� v� �c� i ��1 1 V• 11 1 L•lif'�ftC 1 W 1.71 LLC 1 I CL �VV:G1-�—J,5�-4bb� �yVSV Pe2. .�T'r�"_ .. . . . . . . . _�..�. � •� EXHIBIT "A" to Ordinance ; � RECEIVED 0 C T N$' 1�9� page 4 o f 5 E3YA$118HED tl00 Z�fQ —�,3 euiev w.e��er 8RC10K�S BAKER 8URVEYOR8 taooaeo s�sa���-�o�e� DON W.HIOKEY A PROFE8810NA�CORPORATION JOHN�,SAKl11(1�iNd) ""'''� 6TEPHEN H,p09E11YON TIT4R ANO TOPOpqApNIC 8UFIVEYIN3 •.J.�Att�M,COtMU�trNT 9ROOKEB BAKER BUILDINA—611 E.DLllr1'6TRElT FRlD M.MORRIS,OONOUITANT 117-0367f 61 Ootc�ber 6� 1990 �erao.�oa„� 'TraG�-� ,�.,�„ P�tge 1 o f 2 Fp/iT WORT►4,re�ue re�oz.:t�a Field notes for Mr. Larry I�ightner far: - Part of tha W.D. Sh�ph�rd 8urvey, Abetract Na. 1393 , situated in the City of (�r�pevine in Tarrant County, Texa� ; and embrac- ing et portion of the 52-178/1000 acres tract dee�x�ibed in the deed to Larry Lightner recorded in volume 6152� page 277 of the Tesrrant County Deed �2ecerds. Commen�ing at a 5/$" iron rod far the northwest corner af said 52-178/1000 �cres� tract from which the northwest corner of the eaid �hepherd Survey bears north no degrees-na minutes-47 second� east, 236-1/10 feet and then run n4z�th 89 de�rees-54 minutes-1S aeconde ea�t, alang th� north line of �aid 52- 178/1000 acres tract, 4U5 feet to the northwe8t and beginning corner of the tract being described and being �he center line of propo�ed Herite�ge Road. Thence north 89 degree�-64 minute�-15 aeconds e,�$t , cvntinuing glong the said north line of 52-178/1000 acres tract, 275- ,�.� 58/100 feet to a 7/8 iron rod in �he middle of a creek fvr the northwest corner of the traet de�cribed in the deed to San lacinto S�vin�a As�ociatian recorded iri volume 7660, page 1136 '•�' of the aaid Deed Recards . � Thence up the middl� of said creek fq� the we�terly line of ge�id San Jacinto Savings Assac�.stian tra�t: gauth 17 degree�-48 minutee east � 103-69/140 feet to a 7/8" iran rod; ' eouth 40 degrees-58 minute$ ea�t� 53 feet to a 7/8" iron rod; �outh 6 degrees-1T minutes east , 33 feet to a ?/8" iron rod; �aouth 42 degrees-11 minutes east, 45 �eet to a 7/8" iran rad; • aouth 21 degrae�-21 minutes east, 70 feet to � 7/8" iron rad; , south 36 de�greea-19 minutes ea�t � 35 f�et to a, 7/8" i�or� z�ad; south 19 deqrees-04 minutee east, 6Q feet ta a 7/8" iron rod; south 23 degree�--11 minutee ea�t, 78 feet to a 7/$" iron rod; and �,,,,�: eouth 31 degre�es-20 minutes east, 75-6/10 feet ta a 7/8" iron rod fvr the eouthwest carner of said San J�cinto Seving�s A�sociation tract in the north line �,,,, vf the tract de�acribed in the right-of-way deed to the City o� G�apevine recorded in volume 5228 � page 1 � of the said Deed Recard� for 7'imberline Drive. — L�l.I-�15-'`J�1 r F'�1 1�+� 1c 1 ll:��HtCt T W U 1 LLC I ���- ��v•vy� •.�•�� �"�•.� •,��.� � ••,.. - � z9O-l3 � EXHIBIT "A" to Ordinance . U �� � � ,", No. 90-71 . ,; : -; r F r',-. ' ,' �, E$TApL15NED IdeOPagg 5 o f 5 Octob�r 5 , 1990 � � r'' � \ � BRQOKES BAKER �"""' Page 2 oY 2 suA�EYORa F�e�d no#�ea fvr Mr. Larry Li�htner for: - (oontinued) � Thenae along the north �irie of gaid Gity traot far said Tiraberla.ne Driv�: north 81 degrees-59 minutes west , 331-8I10 feet to a 6/S" iron rod for the beginning af a curve ta the left havin� a radius of 3597-69/1D0 f��t; and along said curve ta �he left an arc length of 364- 65/100 feet ta a point 9.n the Baid north line af City tract for the center line af propor�ed Hcritage Road, the lon� chord of $aid 364-66/100 feet arc is narth 84 degrees--47 minutea-�4 seconds west, 364-50/100 feret. Thence etlon� the eenter line af praposed Herits�ge Raad: north 8 degrees-U1 mi.nute ea►�t� 7-5�/100 feet to the begfnnina df e► curve to the right having a radiva of 800 feet, along eaid curve an arc length ef 425� 81/140 feet, the long chord� of said 425-8�./100 fe�t arc ie north 23 degrees-15 minutCa-b3 �eecor�d�s eaat, „�<�. • 420-80/100 feet; �nd north 98 degreea-30 rninutieg-47 seconds east, 25 feet to the place of beginnin� and containing 5-09Z/1000 `'� e�cr�$. 3urveyed on the graund in October, 1890. BROOKES BAKER SURVEYORS �p,yt� (�. � ,���A��3►��q�4-� Don W. Hi�key ' �' �, .N : .........�...:... � �� DOP� W. HICi�EY ........ .. .....�... <�,�+ 1�61 �: � a:4 ��° su'�i���� � �.