HomeMy WebLinkAboutORD 1989-076 ORDINANCE NO. 89-76
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
PART OF THE THOMAS EASTER SURVEY, ABSTRACT
"�' NO. 458 IN THE CITY OF GRPPEVINE, TEXAS, MORE
FULLY AND COMPLETELY DESCRIBED IN THE BODY OF
THIS ORDINANCE; ORDERING A CHANGE IN THE USE
OF SAID PROPERTY FROM "R-3 .5" TWO-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
,�,o,;, 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 havir.g 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 publi�
health by surfacing on all parking areas to control dust, effect
on the promotion of health and the general welfare, e.ffect 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 cnaracter 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,
i�r PJHEREAS, 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
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 tract of land out of the Thomas Easter Sur-vey,
Abstract No. 458 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-3 .5"
Two-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.
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 tYie
comprehensive plan for the purpose of promoting health,., safe�y,
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 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 . That any person or corporation who shall violate
any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
build or alter any building or use in violation of any detailed
statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more
�, than two thousand dollars ($2, 000. 00) , and each day such
violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises, or
part thereof, where anything in violation of this ordinance shall
be placed or shall exist, and any architect, builder, contractor,
agent, person, or corporation employed in connection therewith,
and who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and upon
conviction shall be fined as herein provided. The City of
Grapevine, likewise, shall have the power to enforce the
provisions of this ordinance through civil court action as
provided by state law.
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 �th day of November . 1989 •
APPROVED:
�
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
�°� APPROVED AS TO FORM AND LEGALITY:
�
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John F. Boyle, Jr.
City Attorney
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EXHIBIT "A" TO
ORDINANCE N0. 89-76
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PROPERTY DESCRIPTION I ' —�-
B.eing all that certain lot, tract or parcel of land situat in the THOMAS EASTER
SURVEY, A-458, City of Grapevine, Tarrant County, Texas , a d being a portion of a
41.272 acre tract of land described in deed to Javatex Corporation recorded in Volume
� 7093, Page 753 of the Deed Records of Tarrant County, Texas. including all of WINDING
RIDGE ADDITION, an addition to Grapevine, Texas, recorded in Volume 388-178, Page 93
of the Plat Records of Tarrant County, Texas, and being more particularly described
�
as follows : .
BEGINNING at a point for corner in the enst line of the V.L. Graham property, said
point being N O1° 08'S0" E, 314.95 ' from the intersection of ttie east line of said
V.L. Graham property and the north R.O.W. of State Flighway 114 (a variable width
R.O.W.) ;
THENCE N O1° 08'S0" E, 1102.32' with the east line of said Graham property to a 3/4"
iron rod at t}�e southeast corner of the Robert & Dora Sue Hartson property;
- T1IEPTCE N 00° 55'S5" E, 250.49' with the east line of said I�artson property to a 1/2"
iron rod at the common southwest corner of the J.L. Whitman Survey, A-1593, und
northwest corner of aforementioned Thomas Easter Survey;
TIIEf7CE S 89° 18'16" E, 602.86 ' witti the common line of said Whitman & Easter Surveys
to a 1 1/2" iron pipe at the southweat corner of the John & Betty Simmons property;
T1IENCE S 89°06�'34" E, 397.57 ' with the south line of said Simmons property and the
common line of the Whitman � Easter Surveys to a 3/4" iron rod for corner in the
south line of Winding Creek Estates, Section 1 Revised Addition, an addition to the
City of Grapevine, Texas, recorded in Volume 388-19I , Page 35 of the Plat Records of
Tarrant County, Texas;
TlIENCE S 85°20'03" E, 304.62 ' with the sauth line of said addition and the common
line of the Whitman & Easter Surveys to a 1/2" iron rod at the northwest corner of
� Ttie Woodlake Apartmenta Addition, an addition to the City of Grapevine, Texas,
recorded in Volume 388-156, Page 44 of the Plat Records of Tarrant County, Texas;
THENCE S O1° 09'S2" W, 482.46 ' with the west line of said Woodlake Apartments Addition
to a 1/2" iron rod at the northwest corner of ttie Finney D. Fry property;
TfiENCE S 00° 21 'S5" W, 224.82 ' with the west line of said Fry property to a 1/2" iron
rod at the northwest corner of PScPherson Drive (a 60 ' R.O.W.) ;
TFiF.NCE S 00° 34'16" W, 418.83 ' with the west end of McPherson Drive to a 1/2" iron rod
at the southwest corner of The Woodlake Apartments Phase II Addition, an addition to
the City of Grapevine, Texas, recorded in Volume 388-180, Page 85 of the Plat Records
of Tarrant County, Texas, and in the north line of the J. Lawrence Martin property;
THENCE N 88°[�g'33" W, 1-57.24' with the north line of said Martin property to a 1/2"
iron rod for corner;
TI1GtiCE S 08°28'06" W, 221.66' with the north line of said Piartin property to a 3/4"
iron rod for corner; _ _
TNENCG N 89° 14 '39" W� 450.58' with the north line of said Piartin property to a 3/4" `--
�� iron rod at the northeaet corner of the Bryant R. Ferguson property; �
TfiENCE N 88°09'14" W, 674.64' with the north line of eaid Bryant property to tt�e
,;�, point of beginning and containing 1 ,739,339.04 square feet or 39.9297 acres of land.
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