HomeMy WebLinkAboutORD 1987-038 ORDINANCE NO. 87-38
AN ORDINANCE ANIENDING ORDINANCE NO. 82-73,
TI� COMPRF,�III�TSIVE ZONING ORDINANGE OF THE
CITY OF GR�'E�TINE, TFXAS, SAME BEING ALSO
KNO�n7N AS APPIIVDIX "D" OF Z�IIE CITY CODE OF
GRAPEVINE, Z�XAS, GRANTING A ZONING Q��ANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
�� IiOT, TRACT, OR PAFZCEL OF LAND LYING AND
BEING SITUATED IN TARRANI' COIJN'I'Y, TEXAS,
BEING A PART OF THE THOMAS MAHAN SURVEY,
ABSTRACT N0. 1050, IN THE CITY OF GRAPE-
VIl�TE, 7.�XAS, MORE P'ULLY AND COMPI,ETELY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "R-TH" TOWNHOUSE ZONING
� DISTRICT TO "R-5.0" ZERO IAT LINE ZONING
DISTRICT; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL 0'I'HII2 PORTIONS OF THE
ZONING ORDINANC�; PROVIDING A C�AUSE
RII�P,TING TO SEVERABILITY; DE'I'ERMINING THAT
THE PUBLIC IN'I�RESTS, MORALS AND GENERAL
WELFARE DEMb1ND A ZONING CHANGE AND AME1vD-
MIIV'r THEREIN MADE; PROVIDING A PII�IALTY NOT
TO EXCEID THE SUM OF ONE THOUSAND DOTT,ARS
($1,000.00) AND A SEPARATE OFFENSE SHAI�L BE
DEENIED COMNNUTTID UPON EACH DAY DURING OR ON
WHICH A VIQLATION OCCURS; AND DECLARING AN
IIKERGENCY
Wf�E�S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
�` Comnission 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,
Wf�2E',AS, 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 deternlination as to whether these requested changes should be granted
or denied; safety of the mptoring public and the pedestrians using the
facilities in the area i�anediately 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 i�lediate neighborhood, adequacy of parking as determined by
requirements of this ordinance for off-street garking 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 pr�tion 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,
�w WI�REAS, 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, sec�xage, 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,
Wf-iERF,AS, 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 unreasona.bly invade the rights of those who bought or improved
property with reference to the classification which existed at the t�me their
original investrnent 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 fran fire, panic and other dangers; pranotes 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,
WHEREA.S, 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 tYie 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 co�nunity.
NOW, THIIZEFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
C-=RAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
Canprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lmown 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:
Bei.ng a tract of land out of the Thanas Mahan Survey, Abstract No. 1050,
in the City of Grapevine, Tarrant County, Texas, more fully and canpletely
described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-TH" Townhouse Zoning District is hereby changed to "R-5.0"
Zero Lot Line 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 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 canprehensive plan for the
purpose of promoting health, safety, mprals 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 frcgn 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 develognent of the community. They have
been made with reasonable consideration, ampng 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 co�nunity.
Section 5. This ordinance shall be cLmlulative 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 tezms 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 sukmitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than one thousand dollars ($1,000.00) , and each day such violation shall be
permi.tted 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 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, TEXAS
on this the 21st day of Ju �, , 1987.
APPROVID:
Mayor
ATI�'ST:
Cit Secretary
APPROVID AS TO F'ORM AND LEGALITY:
�
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 87-38
�
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LEGAL DESCRIPTION - I
. BEING an 8.254 acre tract of land out of [he THOMAS MAHAN SURVEY, abstract No: 1050, '
Tarran[ County, Texas, said tract being a portion of a 35.872 acre tracc described in
=��, a deed of record in Volume 5161, Page 927, Deed Records Tarran[ Coun[y, Texas, said tract
also being the same.8•254 acre tract conveyed to 666 Park, Iac. in Volume 7099, Page 79,
Deed Records Tarrant County, Texas, and being more partic.ularly described by metes and ,
bounds as fol}.ows: . :
�
; BEGINNING at a �f" iron, found at the Northeast corner of [he Brookside Addition. "
an Addition to the City of Graapevine, Texas, recorded in Volume 388-12I, Page 85, P1aG
Records of Tarrant County, Texas; .
THENCE S89'38`22"W, 639.77 feet to a �f" iron rod found for corner in [he Easeerly
Right of Way Line of Park Boulevard (100' R.O.W.);
THENCE NO'37'S2"E, along the Easterly R.O.W. Line of Park Boulevard, a distance of
191.67 feet [o a �" iron rod found at the Point of Curvature of a curve to [he righ[ '
wi[h a Radius of 1410. 10 feec, and a central angle of 14�45'S5"; •
THENCE along said Eascerly R.O.[J. Line of Park Boulevard following said curve to [he
right a distance of 363.39 feet, to a �" iron rod found at [he Point of Tangency;
THENCE N15"23'47"E, con[inuing along the Easterly R.O.W. Line of Park Boulevard a
distance of 26.75 feet [o a �" iron rod set foz corner;
THENCE N89°44'37"E. along the South Line of the Park Place Addition, a distance of. '
580. 16 feet [o a �" icon rod found at the Northvest corner of the Autumn Hills l�ddition;
' THENCE SO'00'48"W along [he wes[ line of [he Au[umn Hills Addition, a distance of .
• 574.86 feet [o the POINT OF BEGINNING and containing 359,542 square feet or 8.254
acres of land. '
I, James M. Mobly, a Registered Public Surveyor hereby certify that the accompanying
boundary was compiled from an accura[e survey, made on the grouod, under my personal _
supervision, and that the cornez monuments shocm herein were properly placed in
' "' . accordance with the Subdivision Regulations of the City of Grapevine.
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