HomeMy WebLinkAboutORD 1989-089 ORDINANCE NO. 89-89
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 WILLIAM DRISKILL SURVEY, ABSTRACT
NO. 405 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 "PCD" PLANNED
COMMERCE DEVELOPMENT DISTRICT 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 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
��r� 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
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
� x 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 William Driskill Survey,
Abstract No. 405, 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 "PCD" Planned Commerce Development 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 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 a.11 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 19th day of December , 1989 .
APPROVED:
William D. Tate
Mayor
ATTEST:
,dcv
i da Huff
City Secretary
APPROVED AS TO FORM AND LEGALITY:
�a� _—�
Jt�hn F. Boy le, Jr.
City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 89-89
_ _ . Z 89 -i3 � ��`l -�l �
LEGAL DESCRIPTION ��,,,, � •� ;. , .,
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SITUATED in the William Driskill Survey, Abstract No. 405, City of Grapevine,.
Tarrant County, Texas and being all of a 29.869 acre tract of land (according
to the deed legal description) conveyed to Hallmark Savings Associated by deed
�4Y� recorded in Volume 9540, Page 2390, Deed Records of Tarrant County, Texas, and
said 29.869 acre tract being part of a 40 acre tract of land conveyed to C.L.
Pinson by deed recorded in Volume 1772, Page 505, Deed Records of Tarrant
County, Texas, and being more particularly described as follows:
BEGINNING at a found iron rod in the northerly line of Hughes Road (a variable
width right-of-way) , said point being in the east line of the said William
Driskill Survey and the west line of the J.H. Hughes Survey, Abstract No.
2028, Tarrant County, Texas and said point being North 00' 27' 35" East, a
distance of 29.73 feet from the common south corner of said surveys and from
the southeast corner of the said 40 acre tract and the southwest corner of a
4. 13 acre tract conveyed to Howard Lee Weddle by deed recorded in Volume 2933,
Page 343, Deed Records of Tarrant County, Texas;
�. THENCE the following courses and distances with the northerly line of Hughes
Road:
South 88' 39' 16" West, a distance of 163.44 feet to a found iron rod;
South 88' 14' O1" West, a distance of 302.19 feet to a found iron rod;
� South 85° 09' 45" West, a distance of 190.39 feet to a found iron rod at
the southwest corner of the said 29.869 acre tract, said point being in the
east line of a 10.24 acre tract conveyed to David R. Casey by deed recorded in
�.,�, Volume 7444, Page 1917, Deed Records of Tarrant County, Texas;
THENCE North 00° 02' 00" East, departing the northerly line of Hughes Road,
with the west line of �he said 29.869 acre tract and the east line of the said
10.24 acre tract, a distance of 1981 .56 feet to a set iron rod for a corner,
said point being the northwest corner of the said 29.869 acre tract and the
northeast corner of the said 10.24 acre tract, and said point in the south
line of a 24.514 acre tract conveyed to James D. Fuller and secured by Deed of
Trust recorded in Volume 8492, Page 2106, Deed Records of Tarrant County,
Texas;
THENCE South 89° 51' 24" East, with the north line of the said 29.869 acre
tract and the south line of the said 24.574 acre tract, passing a distance of
29.24 feet the southeast corner of the said 24.574 acre tract and the most
westerly southwest corner of a 35.61 acre tract conveyed to Bear Run Joint
Venture by deed recorded in Volume 7985, Page 563, Deed Records of Tarrant
County, Texas, continuing with the north line of the said 29.869 acre tract
and the south line of the said 35.61 acre tract in all a distance of 669.65
feet to a found iron rod for a corner, said point being the northeast corner
of the said 40 acre tract and the said 29.869 acre tract, and said point being
the most easterly southwest corner of the said 35.61 acre tract;
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EXHIBIT "A" TO
ORDINANCE NO. 89-89
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TNENCE South 00' 21' 35" West, with the east line of the said 40 acre tract
and the said 29.869 acre tract and the west line of the said 35.61 acre tract,
passing at a distance of 755.51 feet, the common west corner of the said 35.61
acre tract and a 2.834 acre tract conveyed to Lloyd Austin by deed recorded in
Volume 8156, Page 809, Deed Records of Tarrant County, Texas, passing at a
�`�� distance of 1,067.96 feet, the common west corner of the said 2.834 acre tract
and a 11 .56 acre tract conveyed to Troy Fuller by deed recorded in Volume
7047, Page 542, Deed Records of Tarrant County, Texas, passing at a distance
of 1,380.47 feet, the common west corner of the said 11.56 acre tract and
above mentioned 4. 13 acre tract, continuing in all a distance of 1,950.74 feet
to the POINT OF BEGINNING and containing 29.834 acres (1,299,586 square feet)
of land, more or less.
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