HomeMy WebLinkAboutORD 1987-047 ORDINANCE NO. 8 7-4 7
AN ORDINANC� ANIEI�TDING ORDINANCE NO. 82-73,
TI� COMPREF�TSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "D" OF Tf� CITY CODE OF
(',R�EVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS SEING A
'"�"' LOT, TRACT, OR PARCEL OF I�ND LYING AND
BEING SI'I'[JATED IN TARRANI' COUN'I'Y, TEXAS,
BEING A PART OF 'I'f� G. M. BELL SURVEY,
,,,�„ ABSTRACT N0. 234 AND THE WILLIAM DRIS��L
SURVEY, ABSTRACT N0. 405, IN THE CITY OF
GRAPEVINE, TEXAS, MORE FULLY AND COMPI�,'I'II�Y
DFSCRIBID IN TI� BODY OF THIS ORDINANCE;
ORDERING A C�iANGE IN THE USE OF .SAID
PROPERTY FR(�7 "PO" PROFFSSIONAL OFFICE
DISTRICT AND "R-TH" TOWNHOUSE ZONING
DISTRICT TO "R-5.0" ZERO I�OT LINE ZONING
DISTRICT AND "CC" COMMqNITY CONIl�'IERCIAL
ZONING DISTRICT; CORRDCI'ING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; PROVIDING A C��AUSE
RELATING TO SEVERABILITY; DEi`ERMINING THAT
THE PUBLIC INTERESTS, MORAI»S AND G�RAT,
WEL,FARE DEMAND A ZONING CHANGE AND AMII�TD-
N�N`r THEREIN MADE; PROVIDING A PEE[�11ALTY NOT
TO EXCF�ED THE SUM OF ONE THOUSAND DOT,T�A,RS
($1,000.00) AI�ID A SEPARATE OFFIIVSE SHALL BE
DEEN� CONIl�LITTID UPON EACH DAY DURING OR ON
WHIGH A VIOLATION OCCURS; AND DECLARING AN
F.�'IERGENCY
�. ,.
WI-IEFtEAS, applications were made to amend the Official Zoning Map, City of
�,;.m, Grapevine, Texas, by making applications for same with the Planning & Zoning
Comnission of the City of Grapevi.ne, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requix�nents, 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,
��, 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 im�nediately surrounding the site; safety fran 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
requir�nents 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
heari.ng 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 fran same, the effect on the pranotion 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,
Wf�REAS, 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,
"'""" Wf�REAS, 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 invest�nent was made; and,
Wf�RF,AS, 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 frcgn fire, panic and other dangers; pranotes health and the general
welfare; provides adequate light and air; prevents the overcrowding of land;
avoids undue concen-tration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
W�S, the City Council of the City of Gragevine, Texas, has determined
that there is a necessity and need for this change in zoning and has also
found and determiried 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 chanqe 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 comnunity.
`� NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
Ccgnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knc7wn 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 G. M. Bell Survey, Abstract No. 234 and
the William Driskell Survey, Abstract No. 405, in the City of Grapevine,
Tarrant County, Texas, more fully and completely described in F�hibit "A",
attached. hereto and made a part hereof, which was previously zoned "PO"
Professional Office Zoning District and "R-TH" Townhouse Zoning District is
hereby changed to "R-5.0" Zero Lot Line Zoning District and "CC" Cce�nunity
Commercial Zoning District, 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 applic e
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 prcxnoting health, safety, �rals and the general welfare of the
conmunity. 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 frc�n 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, conartercial needs and develognent of the corcanunity. 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 conununity.
Section 5. This ordinance shall be ctunulative of all other ordinances of
the City of Grapevine, Texas, affecting zoninq 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 co�ly therewith, or with any of the
requireme,nts thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan su�mitted and approved hereunder,
shall be guilty of a misdem�eanor and shall be liable to a fine of not more
than one thousand dollars ($1,000.00) , 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 pa.rt thereof, where anything in violation of
this ordinance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation eqnployed in connection therewith,
and who may have assisted in the conmission 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, Te�as, creates an emergency for the imnediate 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 THE CITY COUNCIL OF THE CITY OF GRAPEVINE, 'I'EXAS
on this the �_ day of A���_, 1987.
APPROVID:
��'�h
Mayor
ATTEST:
�..�
ity ecretary
APPROVED AS 'IO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 87-47
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' Fie1d Notes -
• I3eing a tract of land situated in the G . M . Bell Survey , Abstract
' No . 239 and the William Driskill Survey , Abstract No . 405 ,
Tarrant- Coun�y , Texas , and being more particularly described as
follows : ,
�eginning afi a found Texas Highway Department brass monument for
corner in the east line of State Highway No . 121 , said brass
monument being the southeast corner of a tr. act of land conveyed�
to the State of Texas by Judyineni, irorn ltenry S . Miller , Trustee ,
� recorded in Volume 5804 , Page 273 of the Deed Records of Tarrant
County, Texas ;
Thence N 0�1 °03 ' 43 " W , 121 . 50 feet with the east line of State
1-tigliway No . 121 L-o a tound Texas f-lighway � Department
brass monument for corner ;
Thence N 00 °09 ' 58 " W , 311 . 60 feet with the east line of State
,�--- Highway No . 121 to a found Texas Highway Department
brass monument for corner ;
�� . Thence S 89 ° 53 ' 32 " E , 493 . 56 feet• to a found 5/8 " iron rod for
corner ; '
Thence S 89 ° 57 ' 14 " E , 1144 . 28 feet to a Lound 5/8 " iron rod
� for corner ;
Thence S 00 ° 19 ' 20 " � , 375 . 94 feet to a set 1/2 " iron rod for
corner ;
Thence S 88 °04 ' 03 " W , 1631 . 37 feet to the Point of Beginning
and containing 15 . 196 acres ( 661 , 924 square feet ) of
land . .
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