HomeMy WebLinkAboutORD 1989-042 ORDINANCE NO. 89-42
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
,�rrr 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 (TRACT 1) "R-7 .5"
SINGLE-FAMILY DISTRICT REGULATIONS, (TRACT 2)
"PCD" PLANNED COMMERCE DEVELOPMENT DISTRICT
AND (TRACT 3) "PCD" PLANNED COMMERCE
DEVELOPMENT DISTRICT TO (TRACT 1) "CC"
COMMUNITY COMMERCIAL DISTRICT REGULATIONS,
(TRACT 2) "CC" COMMUNITY COMMERCIAL DISTRICT
REGULATIONS AND (TRACT 3) "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
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
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 tracts 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 were previously
� zoned (Tract 1) "R-7 . 5" Single-Family District Regulations,
(Tract 2) "PCD" Planned Commerce Development District and
(Tract 3) "PCD" Planned Commerce Development District are hereby
changed to (Tract 1) "CC" Community Commercial District
Regulations, (Tract 2) "CC" Community Commercial District
Regulations and (Tract 3) "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 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
�rr 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 throuqh 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 20th day of June , 1989 •
Section 4 . 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 public creates an emergency which requires that
this ordinance become effective from and after the date of its
passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
�`y' GRAPEVINE, TEXAS on this the 20th day of June , 1989 .
� APPROVED:
Wil iam D. Tate
Mayor
ATTEST:
Linda Huf
City Secretary
APPROVED AS TO FORM:
___ ..�
,�,, , City Attorney
�F�.
EXHIBIT "A" , PAGE 1 OF 3
TO ORDINANCE NO. 89-42
' :"
r<:
'TRACT 1
FIELD NOTES
From "R-7. 5" Single-Family Distric� Regul.atians to "CC" Community Commercial
,� BEING a tract or parce]. of land situated in the City of Grapevine, Tarrant County, Texas;
and being part of the William Drisk.ill Survey, Abstract i3umber 405; and being part of that
tract of land in the Reg1aC af Bloamingfield Addition, an addition ta the Gity of
� Gragevine recorded in Volume 3$8-211, Pag�- 46, Plat Records, Tarrant County, Texas; and �
being mare particularly described as follows:
BEGINNZNG at a poin� for Gornex alang the West I.ine of said Bloomingfield Addition and
along the East Iine of a tract of land canveyed to James D. Fuller recorded in Volume
7744, Page 792, Deed Recards, Taxrant County, Texas, said point being North 00°06'39"
West, a distance af 538.6I feet from the Sauthwest co�rner af Lot 2, Block 1 of said
Bloomingfield Addition;
THENCE North 00°06'39"' West alang the West line of said Bloomingfield Additian, a
distance of 27I.39 feet to a point for corner, said paint being the Northwest corner of
said Bloomingfield Addition;
THENCE North $8°04'03" East along the North line of said Bloomingfield Adda.tion a
distance af 45.38 fee� to a point far corner; sai.d point being the begirtning o£ a curve to
the right whose chord bears 5outh 09°02'46" West; �
THENCE in �a Southerly direction, along said curve to �he right having a central angle of
� 20°29'09", a radius of 375.00 feet and an arc leng'th of 134.08 feet ta a point for corner,
said point being the beginning of a curve to the left whose chord bears Sou�h 09°35'21"
--West;
"�""` THENCE in a Southerly directian, along said curve to the 2eft having a central angle of
i9°24'QO", a radius of 425.Q0 feet and an arc length af 143.9Q feet the P4ZNT OF BEGINNING
� and containing Q.14 acres af land, more or less,
� ������ -
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,
. ..
�
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1 EXHIBIT "A" , PAGE 2 OF 3
TO ORDINANCE NO. $9-42
_ F.
TRACT 2
FIELD NOTES
From "PCD" Planned Commerce Development to "CC" Community Commercial
,n«�
BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas;
and being part of the William Driskill Survey Abstract Number 405; and being part of that
tract of land conveyed to Fuller-Schwartz Land Partnership as recorded in Volume 7850, �
Page 262, Deed Records, Tarrant County, Texas; and being more particularly described as� �
follows: -
BEGINNING at a point for corner at the intersection of the North line of Hall-Johnson
Road (80 foot wide Right-of-Way) with the East line of said Fuller-Schwartz tract, said
point also being the Southwest corner of Lot 1, Block 1 of the replat of Bloomingfield
Addition, an addition to the City of Grapevine as recorded in Volume 388-211, Page 46,
Plat Records, Tarrant County, Texas;
THENCE South 00°06`39" East, a distance of 88.36 feet to a point for corner aleng a curve
to the left whose chord bears North 80°59'll" West;
THENCE in a Westerly direction, along said curve to the left having a central angle of
16°51'34", a radius of 1125.00 feet and an arc length of 331.03 feet to a point for corner
at the end of said curve; '
THENCE North 89°24'S8" West a distance of 100.00 feet to a point for corner along the
East line of State Highway 121 (var�able width Right-of-Way), and along the West line of �
said Fuller-Schwartz tract; -
THENCE North 00°08'00" West along the East line of said Highway 121 and along the West
line of said Fuller-Schwartz tract, a distance of 168.95 feet to a point for corner at thP�,,,,�
Northwest corner of said Fuller-Schwartz tract, said point also being the Southwest corne
of a tract of land conveyed to James D. Fuller as recorded in Volume 7744, Page 792, De-
Records, Tarrant County, Texas; ``' �`
THENCE North 89°46'S3" East along the North line of said Fuller-Schwartz tract and along
the South line of said Fuller Tract a distance of 425.73 feet to a point for corner at the
Northeast corner of said Fuller-Schwartz tract, said point also being along the West line
of said Bloomingfield Addition;
THENCE South 00°06'39" East along th East line of said Fuller-Schwartz tract and along
the West line of said Bloomingfield Addition, a distance of 134.91 feet to the POINT OF
BEGINNING and containing 1.80 acres of land, more or less.
����
D � .
c�
� � MAY 1 �15�8g
. . ,��
EXHIBIT "A" , PAGE 3 OF 3
TO ORDINANCE NO. 89-42
TRACT 3
'"�' ""'FIELll IvOTES
From "PCD" Planned Commerce Development to "R-7 . 5" Single-Family District
B�:1NC a trac� ur �arcel vf l�tid sir.t�ated �n tt�e L'ity of Grapevine, Tarrant County, '1'exas;
'� and bE�i��g part -�?f t4ie Wjlliam Prisk111 Survey, Abstr�ct Numhex 405; and bei.ng part of that
krr3�t af 1�1nd Conveyed [o r'u11er�Schwartz l.,�nd Yartt�ership by Deed reCorded in Vului�ie
785C1, Page 2b2, Ueed Recc�rds, 7'�rrant Gounty, Texas; snd part of thr�� t.rac:G of land
convcyed Ca James U, and Joy 3�u11e�- by D��d re.cni-ded in �'olun�e 7862, PagE 2192, Deed
l:ec�r.cls, Tarr��it County, T�xas; and Uein� mare particular�y describect as foll�ws:
B�:GEN,�I.NC at a p�int for carner At the Soutliwest carner of l.ot 1 , B1ock 1 of tilc replat
of rloomingfield Additic�n, an r�dditic�n t�� the City of C:rapeviu� rec��rded in Volume 38fi-
211, Pabe 4b, Ylat Reeords, Tarrant C�unty, '1'exas, sa�d point bein�; i�l th� �orth ll��e c��'
Ha11�J�t►n5cin Itoad (EU i:����L w3dc Right-of-Way) , s�id �?O�Ilt also being at the he�intiit�g af a
curve to the left whose chorc� bears North �9°lh'S2" E��t ;
THLNC:h: jn 3n ��tsterly directiotl along ihe Nd�ti1 line af sNid I1�]]-.Tohnson Fo2d and alang
said curve to the left ha.ving a c�n�ral angle c�f 02°25`3�", a rfldius af 460.0� feer., and
r�n az-c 7 engtt► af ]9.49 feet to a raoint f�r corner�;
TNENCE I�ult�l iih°U4'C;3" N:ask CUrit�tllt�il�, along the Nortl� 7ine. uf szicl Hall-,7ohnson 12osd, a
distance af 910.28 feet t❑ a point for COI'118T �n tihe We5t ]ine of a tract of land e.o��veyed
to H7Cfl3Yc� J. Fanchas�rp by 1)eecl recorded in V�]ume 7444, }'age 1917, De�d Records, Z'arrant
CounCy, �•cxa�:;
THEI3CE Sotlth 00°22'05" East r�loi��; the West lit1� �f s�id Pa»�has3r�+ Cr�Ct, a di�C�z�c� of
30$.45 iEet ta a pc�int far c�rner at the hegiriiliil� of 3 curve ta the le..ft w•hose chard
beatb No�'th B3°46'36" West;
�
'�HENCE iiZ z Westerly directi�n &long �aid curve to the left hs�vin�; a C2t1Cra1 aii�;lt: i�f
l2°34'33"► a rad�us of 1125.{l() feet, �t�d an arc lanhth of 246.93 �eet ta a point it�r
�orner;
THENCL Scuth fi)°56'�i7" West a distance of 63.83 feet �a a pc�111t �nr corner at the�
beF;innin�, oi a c�►rve eo the riglzt kt�o5e chord bears I�or.th 71°�5'46" 4��st;
THEI�CL in a W�sterl}' directio�t along said ct�rve t�� et�e right h�vii�g a central angle of
25°16' 14", a radius uf ].125.(]0 f�er., and an arc �er.gth or 496. 19 feet to a p��'.i�t for
curncr at the bcginnin� ��f a curve ro the left whose ch�rd bears Nc�rth 68°�0'32" �dest;
THEP.CL jn a Wes[erly dire�tic�tl t�long s�iid cux-ve to t.E�e, ]eft ti�vi�afi a centr�l angle Of
U7`45'45", a r��aius of 1125.00 fe.et, and sn arc: ]engtt► af 152.42 €ee[ to a �oii�t f��r
Coruer; •
7tIF:NGE North OU°06' 39" West t� d�stance ��f 88.36 fe�r. to tt�e. PU)�'1' l'1r' BEG7i�Iv1NG at�d
cotlCt�iniiig 4.9C7 acres oi lancI, m�re or ]ess.
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