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Home My WebLink AboutORD 1988-006 ORDINANCE NO. 8 8-0 6 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, Tf� COMPREHII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO KNOWN AS APPE�IDIX "D" OF THE CITY OODE OF GRAPEVINE, TEXAS, GRANI'ING A ZONING CHANGE ON A TRACT OF I,AND DESCRIBID AS BEING A +� IiOT, TRACT, OR PARCEL OF I�AND LYING AND BEING SITCTATID IN TARRANT COUN�i'Y, TEXAS, � BEING A PART OF TI� THOMI�S MAHAN SURVEY, ABSTRACT NO. 1050, Tf� AMB120SE FOSTER SURVEY, ABSTRACT NO. 518, TE� T. EASTER SURVEY, ABSTRACT NO. 458, TI-iE T. EASTER SURVEY, ABSTRACT NO. 474 AND INCLUDING LOTS 1, 2, AND 3 OF THE I�U'I'HE'.RAN CHURCH ADDITION, IN THE CITY OF GRAPEVINE, Z�XAS, MORE FULLY AND COMPLETII,Y DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFIC� ZONING DISTRICT TO "CC" CONIMUNITY COMNNIEERCIAL ZONING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DE'I'ERMINING THAT Tf� PUBLIC INTERESTS, MORALS AND GENERAL WEL�F'ARE DIIKAND A ZONING CHANGE AND AMENDMIIV`!' TfiII2EIN Mb11�E; PROVIDING A PII�LTY NOT TO EXCEID 'I'HE SUM OF T4�T0 THOUSAND DOT,T�ARS ($2,000.00) AND A SEPARATE OFFINSE SHAI.L BE DEII�IED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DEC�,ARING AN EMERGEE[�ttCY Wf�REAS, applications w�ere made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Conunission 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 canplied 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 camplied with; and, Wf�REAS, 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 iumiediate neiqhborhood, 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 prcanotion of health and the general w�elfare, 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, se�rage, schools, parks and other facilities; and, Wf�REAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, T�as, 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 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 adequa.te provisions for the nornlal business, commercial needs and develo�anent 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 c�nulative of all other ordinances of the City of Grapevine, T�as, 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 su}�nitted 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 co�anission 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 oourt 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 i.mnediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective fran and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVID BY TI� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of January , 1988• APPROVID: Mayor ATTEST: 'ty Secre ry APPROVED AS TO FORM AND I,EGALITY: ^ n � l City Attorney EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 88-06 16.1982 ACRE TRACT � � THENCE North 85° 44' 21" West, along the North right-of-way line of said � West Wall Street, a distance of 428.29 feet to a 1/2-inch iron rod set for a corner of this tract; THENCE North 79° 33' 04" West, and continuing along the North right-of-way line of said West Wall Street, a distance of 206.34 feet to a 1/2-inch iron rod set at a metal "T" post for the Southwest corner of said 18.07 acre tract and this tract; � THENCE North 66° 16' 20" West and continuing along the North right-of-way line � of West Wall Street, a distance of 144.54 feet to a point for corner; THENCE North 51° 19' 32" West and continuing along the North right-of-way line of West Wall Street, a distance of 24.90 feet to a point for corner in the East right-of-way line of State Highway No. 114; THENCE North 0° 02' 45" West a distance of 570.20 feet to a �oint on the South line of the aforementioned Lot 1 of the Lutheran Church Addition; . THENCE North 89° 58' S5" West along the South line of said Lot 1 , a distance of 164.82 feet to the Southwest corner of said Lot l , a point on the East line cf Block "L" of Oak Knolls Lakeview Addition, an addition to the City of � Grapevine; 7HENCE North 1° O1 ' 14" East along the East line of said Block "L", a distance �,�TM of 272.61 feet to a point for corner in the South right-of-way line of State Highway No. 114 Business, and being the Northwest corner of Lot 1 of the afore- mentioned Lutheran Church Addition; `�°`� THENCE North 82° 11 ' 31" East along the South right-of-way line of State Highway No. 114 Business, a distance of 240.56 feet to an angle point for same; � THENCE South 89° 49' S6" East and eontinuing along the South right-of-way line of State Highway No. 114 Business, a distance of 37.35 feet to a point for corner; THENCE South 0° 39' 32" West, a distance of 188.98 feet to a point for corner; THENCE South 3]° 40' 42" East, a distance of 136.64 feet to a point on the South line of aforesaid Lot 2 of the Lutheran Church Addition; � THENCE South 89° 58' 55" East, along said South line of Lot 2, a distance of 289.54 feet to the Southeast corner of said Lot 2; THENCE North 0° 39' 39" East along the West line of said Lot 2, a distance of 304.30 feet to a point on the South line of said State Highway No. 114 Business; THENCE South 89° 49' S6" East along said South right-of-way line, a distance of 164.19 feet to the Point of Beginning and Containing 16.1982 Acres of Land, more or less. .�� EXHIBIT "B" , PAGE 1 ' : � � . TO ORDINANCE NO. 88-06 • ' , EXHIBIT "A" , PAGE 1 TO DEED RESTRICTIONS David Petree �� Registered Public Surveyor 8180 Lemmon Avenue#201 Dallas,Texas 75Z09 4 214-352-3271 �++ - 1/22/88 0.8264 ACRE ZONING TRACT FIELD NOTE DESCRIPTION BEING a 0.8264 acre tract of land situated in the Thomas Mahan Survey, Abstract 1050, and being a portion of Lot 3 of the Lutheran Church Addition as recorded in Volume 388-156 at Page 42 of the Plat Records of Tarrant County, Texas and being in the City of Grapevine, Texas and� being more particularly described as follows; BEGINNING at an iron rod in the South right-of-way line of State Highway No. 114 Business (a 100.0 foot right of way) ; said point also being the Northwest corner of a 1 .00 acre tract of land as recorded in Volume 4668 at Page 203 of the Deed Records of Tarrant County, Texas, and the Northeast corner of aforementioned Lot 3; THENCE South 0° 10' 16" West along the East line of the aforementioned �.,, 1 .00 acre tract and the West line of the aforementioned Lot 3, a distance of 217.99 feet to the Southeast corner of the aforementioned Lot 3; � THENCE North 89° 49' 56" West a distance of 166.06 feet to a point for corner on the '�test line of the aforementioned Lot 3; THENCE North 0° 39' 39" East aTong the 1�lest line of the aforementioned Lot 3, a distance of 218.00 feet to the Northwest corner, said point being in the South line of the aforesaid State Highway No. 114; THENCE South 89° 49' 56" East along the South line of State Highway No. 114 a distance of 164.19 feet to the Place of Beginning and Containing 35,99b Square Feet or 0.3264 Acres of Land, more or less. � � �� 9 i �� J � 3 � ' � ' �-'}� �T �' ��`` ' �� EXHIBIT "C" , PAGE 1 : ' , TO ORDINANCE NO. 88-06 A DEED RESTRICTIONS �` •`j`; y , _ .� � THE STATE OF TEXAS � � KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT � THAT WHEREAS, Park and Wall Joint Venture, a Texas joint � venture, hereinafter called the Declarant, is the owner of all that certain real property located in Grapevine, Tarrant County, � Texas, described in Exhibit "A" which is incorporated herein as if fully set forth (the "Property" ) . That the undersigned does hereby impress all of the Property described in Exhibit "A" with the following deed restrictions , to-wit: 1 . The use of the Property is limited to those uses permitted in the P-0 Professional Office district as defined by the Grapevine Comprehensive Zoning Ordinance, as amended. These restrictions shall continue in full force and effect for a period of twenty-five (25) years from the date of �...�. execution, and shall automatically be extended for additional periods of ten (10) years unless terminated in the manner ��.�, specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Plan Commission and the City Council of the City of Grapevine. Notice of such public hearings shall be given as would be required by law for a zoning change on the Property described herein. The restrictions contained herein are not in any manner intended to restrict the right of the City Council of the City of Grapevine to exercise its legislative duties and powers insofar as zoning of the Property is concerned. �,,,,� These restrictions inure to the benefit of the City of Grapevine and the City of Grapevine does hereby reserve the right �' to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him DEED RESTRICTIONS - Page 1 0 � : � !' �J � � � _ - , ' r EXHIBIT "C" , PAGE 3 , , ' TO ORDINANCE NO. 88-06 - , EXHIBIT "A" , PAGE 1 � TO DEED RESTRICTIONS David Petree �► Registered Public Surveyor ' 5180 Lemmon Avenue#201 Dallas,Texas 75209 214-352-3271 irww . ��22�88 0.8264 ACRE ZONING TRACT FIELD NOTE DESCRIPTION BEING a 0.8264 acre tract of land situated in the Thomas Mahan Survey, Abstract 1050, and being a portion of Lot 3 of the Lutheran Church Addition as recorded in Volume 388-156 at Page 42 of the Plat Records of Tarrant County, Texas and being in the City of Grapevine, Texas and� being more particularly described as follows; BEGINNING at an iron rod in the South right-of-way line of State Highway No. 114 Business (a 100.0 foot right of way) ; said point also being the Northwest corner of a 1 .00 acre tract of land as recorded in Volume 4668 at Page 203 of the Deed Records of Tarrant County, Texas, and the Northeast corner of aforementioned Lot 3; THENCE South 0° 10' 16" West along the East line of the aforementioned ,.��, 1 .00 acre tract and the West line of the aforementioned Lot 3, a distance of 217.99 feet �to the Southeast corner of the aforementioned Lot 3; ,,�,,, THENCE North 89° 49' 56" West a distance of 166.06 feet to a point for corner on the West line of the aforementioned Lot 3; THENCE North 0° 39' 39" East along the West line of the aforementioned Lot 3, a distance of 218.00 feet to the Northwest corner, said point b�ing in the South line of the aforesaid State Highway No. 114; THENCE South 89° 49' 56" East along the South line of State Highway No. 114 a distance of 164.19 feet to the Place of Beginning and Containing 35,996 Square Feet or 0.3264 Acres of Land, more or less. e� � � �M t� 9 � � � � �d3J EXHIBIT "C" , PAGE 5 � , � T:C� ORDINANCE NO. 88-06 S � l � ! � � 5 � ' . � '° � ;-��..�.�� «:.�•t��- ��A�� CL�t1�j ,• � �g 22 p�p;09 {- i"LA��t;�t l�;�;y �p��l� .��',. ��__�-- •M�� d�N� SI p�Sn�0 - �1�1d��`��,�� `.v'�:53� N�1S�n��a �`Nd �'�'' Q�j 2��Q� L��p�'`� �,`d��"id'��1i��3'� 2�� d2I� � �;�� !�1 �, ,� �� H GN� h`�d�'1di-��H1. ��c'a•� ;�11 Sl�;b�.s � � .��,� g 1�1 �p10� ?fl �:,-�� „ �j�;�t; ..• � St1�J�� 3HL �" ��dl��' ,�-��y?.��0�� -��ti�� -�� ds �Nd n� ,,a� L��;�,� �� S� zo N;�sa� sn!o�s�n , �n �� ,�1=� �,��?� ��'� �� ;�1 ��'��'' - � �� ,z�ao'��,�,y�,��a �� " -�`J�j. fl.�9��a��3:1 „�,�,�; i; _ �' �.. l��d 1�� `'' '��r\�'-�� , _:s``: ,`,�:,='�`'`' ,-;�,�� "a��y, --',�•°� f(_. ,.'_,_'. - �� r�F�>Ql.�j� EY � � 6�� ,e�aL �,1o�e�'p...�szo 5 sg �\�� 11 a� �oa�eu o�a�Qad`s:��s�F•1`��'��p�ydy 7 's QaWeNsy�64��a��S��N�euSd.��L�o ��(�o �Q`�Uo Q��¢Sa�n�ay � 1Nd��d y s�u� Return to: City of Grapevine Attention Jodi Brown P.O. Box 729 � Grapevine, TX 76051 �W