HomeMy WebLinkAboutORD 1989-067 ORDINANCE NO. 89-67
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 T. EASTER SURVEY, ABSTRACT
NO. 458 AND THE AMBROSE FOSTER SURVEY,
ABSTRACT NO. 518 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 "CC"
COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO
"HC" HIGHWAY COMMERCIAL 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,
�y m
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 o€ 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 T. Easter Survey, Abstract
No. 458 and the Ambrose Foster Survey, Abstract No. 518 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 "CC" Community Commercial
�� District Regulations is hereby changed to "HC" Highway Commercial •
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
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 19th day of Se�tem�b r�_� 1989 •
APPROVED:
William D. Tate
Mayor
� ATTEST:
�:..::W �
Li da Huf
City Secretary
APPROVED AS TO FORM AND LEGALITY:
e �, .�,,...��.
i`� I
'\
John F. Boyle, Jr.
City Attorney
:�.,.:,
�_..,
�
EXHIBIT "A" , PAGE 1 OF 3
TO ORDINANCE NO. 89-67
� ... . ::�1
PROPERTY DESCRIPTION � �k • .
� H�Y� , 2 0 6 ACRE TR.ACT '.
;��I , . TRACT OF L,AND IN THE T. EA E�N SC�FiURCFi� A�DDITION
O. 458 , SAID TR.ACT OUT OF LOT 1 OF THE LUTH pAGE 42 OF THE DEED
ACCORDING TO THE PLAT RECORDED IN VOLUME 388-156 ,
RECORDS OF TARRANT COUNTY, TEXAS, SAID 0.206 ACRE TRACT MOR
�, �ARTICULARLY D�SCRIBED AS FOLLOWS : �
— � ORTHWEST CORNE THE SOUTHLOLINE oOFTH�RTHWEST�HICHI'.�FIAY
ADDITION , SAID POZNT BEING IN
�"��° (S .H. 11� ) ;
/ THENCE t7 31" E, A DISTANCE �INE• F �PARRABO LEV�-DSOV'�l�LE
OF NORT. ST Hl' HWAY TO A CUTBACK !
WIDTH R.O W. ) TC A POINT FOR C:ORNER;
THENCE S 48° 3 ' 07" E, 'r� DZSTANCE OF 13 .07 FEET ALONG THE SAID
CUTBACK L E OF PARK BOULEVARD TO A POINT FOR CORNER IN THE WEST LINE
OF P LEV �
THEN E S 0 0° 3 2 ' 15" W, A DI STANCE OF 3 5.0 9 FEET ALONG 'rFiE WEST LINE
OF r ,K BOULEVARD TO T H E HEGINNING OF A CURVE TO THE LEFT hAVING A
CENT 9° 20 ' 04" , A RADIUS OF 467 . 61 FEET;.
THENCE ALONG SAID CURVE TO THE LEFT A DISTANCE OF 239. 41 FEET; .
THENCE N 89° 58 ' SS" E, A DISTANCE OF •77 •T�FTHE SOUTHWEST ORNER IOF
� OF SAID LOT 1 , LUTHERAN CHURCH ADDITTON .
SAID LOT 1 ; � '
THENCE N O1° 01 ' 14" E, A DISTANCE GI�ING6ANDECONTAI�NINGHO.06TACRES
OF SAID LOT 1 TO THE POINT. OF BE ' ``�`
� LAND MORE OR LESS. � `.��y
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�:
' 4,.
+�, , = a.;
_ ..
.. _ �'��9
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- EXHIBIT "A" , PAGE 2 OF 3
TO ORDINANCE NO. 89-67
.._---'�-- ---"`"-
FIELD NOTE DESCRI�TION � �
�
ZONING M
- � W Q N
- � O t�
BEING a tract of land siti�ated in the Ambrose Foster Survey, �
Abstra�t No. 518, in the City of Grapevine, Tarrant County, Texas, � �,
and bein more particularly described as follows;, � ^ ��
\ g
COMM�NCING at the Southwest corner of lct l ot f�he �utheran Church � '_ �N
Addition, an addition to t he Ci ty o f G r a p e v i�,e, �f a r r a n t C o u n t y, Texas �,��
ccording to the plat as recor de d i n V o l u m e 3 8 8• 1 56 at Pa ge 42 of thc� � � �o
M Records of Tarran t Coun ty, T e x a s; s a i d p o i n t a l so bein g �he North-
wes . corner of a called 1 .896 acre tract of land conveyed to Tim �p�
Lanca er by deed dated July 11 , 1983 and recorded in Volume 7553 at
Page 65 of the Deed Records of Tarrant County, Texas; THENCE
South 89° 58' 55" East along the com►non line of said Lancaster tract
and said Lutheran Church Addition, a distance �►f 164.32 feet to the
commo�� corner of a called 2.137 acre tract ot 'Iand conveyed to Tim
Lanca;ter by deed dated July 6, �1983 and rec.oi•ded in Vo1THENCE49 -at
PagP 1066 of the Deed Records of Tarrant Counl.y, Texas;
Snuth 0° 02' ^5" East along the common divi: ion line of sa�d Lancaster
trac.ts a ciistance of 1�9.25 feet to the PLACE. UF BEG.INNING of the
s��h�ec.t tracx; said point �lso being the beyini�'�ng of a c��rve to the
right having a central angle of 40° �1 ' O8" :�.i�u � radius of 400.50 feet; .
THENCE SouthPas�erly along said curve to tlic ti ��fit a di:�tance of 282.06 '
�ee� to � point for corner; _
THENCE South 16" 21 ' 45" We�t a di,stance of G4.28 feet to a point for
�NIN G �orner in the aforesaid common division line of said Lancaster tracts;
THENCE North 0� 02' 45" West a1dnanonan�aContainingn01174QaAcresaofeLand.
337 .33 fe�t to the Place �f Beg n 9
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