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HomeMy WebLinkAboutORD 1986-071 ORDINANCE NO. 86-71 AN ORDINANCE AN�TDING ORDINANCE NO. 82-73, Tf� COMPREIi�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN1E BEING ALSO KNOWN AS APPIIVDIX "D" OF THE CITY CODE OF C',RAPEVINE, TF,XAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A �'� I�OT, TRACT, OR PARCEL OF LArID LYING AND BEING SIT[TATED IN TARRANI' COUNTY, TEXAS, BEING A PART OF THE JANIE.S CATE SURVEY, � ABSTRACT NO. 315, AND Z�-IE J. B. FAY SURVEY, ABSTRACT NO. 530, IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND CONIPLE'I'ELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN 'I�iE USE OF SAID PROPERTY FROM "PID" PLANNID INDUSTRIAL DEVIIAPMENT DISTRICT TO "CC" COMMUNITY CONIIKERCIAL ZONING DISTRICT; CORRECri'ING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CI�AUSE REL�P,TING TO SEVERABILITY; DETERMINING THAT TI� PUBLIC INTERESTS, MORAIS AND GEI�TERAL WII,FARE DEMAND A ZONING CHANGE AND AMII�ID- N�N'r TE-�REIN MADE; PROVIDING A PIIQALTY NOT TO EXC� THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFINSE SHALL BE DEF�9ED COMMITI�D UPON EACH DAY DURING OR ON WHI(�i A VIOLATION OCCURS AND DDCI,ARING AN II�RGENCY ��. 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 r� the zoning ordinances of the City of Grapevine, T�as, 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, Te�s, after all legal notices requirements, conditions and prerequisites having been complied with; and, WHERF,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 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 fr�n 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�iediate 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, garks and other facilities; and, inhi�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 fran same, the effect on the prar�otion 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, sew+erage, 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, H�, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the zoninq change, that the public demands it, that the public interest clearly requires the amenc�nent, 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, WfIERF.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 fran fire, ganic 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, se�rage, schools, parks and other public requirements; and, Wf�RF'�AS, 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 pr�note the general health, safety, and welfare of this comnunity. NOW, THEREFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF THE CITY OF GRAPE�'VINE� TEXA.S: �...� Section 1. That the City of Grapevine Ordinance No. 82-73, being the Ccanprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also l�awn 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 James Cate Survey, Abstract No. 315, and the J. B. Fay Survey, Abstract No. 530, in the City of Grapevine, Tarrant County, Texas, irore fully and completely described in �hibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Develo�nent District is hereby changed to "CC" Commluzity C�rcial Zoning District, all in accordance with Camprehensive 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, Te�as. 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 frcin 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 norntial business, commercial needs and develognent 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, 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 suxmitted 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 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 comnission 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 i.nhabitants of the City of Grapevine, Texas, creates an emergency for the iumiediate 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 "�Y� date of its final gassage, and it is accordingly so ordained. � PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on this 18th day of Novemb�r, 1986. APPROVED: e��_�/ �.������� Mayor AT'I�ST: Cit Secretary APPROVED AS � FORM AND LEGALITY: � �� � � I � �,.,,,. ��--t t_ _ Ci�Attorney � , EXHIBIT "A", PAGE 1 TO ORDINANCE NO. �6-7i LEGAL DESCRIPTION BEING 57 . 774 acres of land located in the J. Cate Survey, Abstract No. 315 and the J. B. Fay Survey, Abstract No. 530, Tarrant County, Texas, and being the same tracts of land as conveyed to Yancey-Camp Properties, a Texas General Partner- ship, by the deeds recorded in Volume 7798 , Page 74 , and Volume 7858, Page 1631 of the Deed Records of Tarrant County, Texas. Said 57 . 774 acres of land being more particularly described by metes and bounds as follows : BEGINNING at a 1/2" iron rod at the present Southwest cor- ner of said Yancey-Camp tract, said corner being at the intersection of the present east right-of-way line of State Highway No. 121 and the centerline of Arlington-Grapevine Road (County Road No. 3008) ; THENCE along the east right-of-way line of said State High- way No. 121 as follows: l . Northwesterly 197 . 77 feet along a curve to the right, having a radius of 2 , 834 . 79 feet, a central angle of 03° 59 ' 30" and a chord bearing N Ol° 48 ' 27" W 197 . 73 feet to a concrete Texas Highway Depart- ment Monument; 2. Northeasterly 1 , 320 . 77 feet along a curve to the right, having a radius of 3 , 574 . 72 feet, a central �:-� angle of 21° 10 ' 10" and a chord bearing N 10° 46 ' 33" E 1 , 313. 27 feet to a concrete Highway Department Monument at the end of said curve; 3. Northeasterly 964 . 12 feet along a curve to the right having a radius of 2 , 834 . 79 feet, a central angle of 19° 29 ' 11 " and a chord bearing N 31° 04 ' 27" E 959. 48 feet to a concrete Highway Department Monu- ment in the south line of the tract of land con- veyed to the City of Fort Worth recorded in Volume 5430, Page 249 of the Deed Records of Tarrant County, Texas; THENCE S 89° 27 ' 57" E 393 . 12 feet along the south line of said City of Fort Worth tract to a concrete monument; THENCE S 40° 28 ' 10" E 932. 47 feet to a 3/4" iron rod set in the east boundary line of aforesaid Yancey-Camp tract also lying within Arlington-Grapevine Road; THENCE along the southeast boundary line of said Yancey-Camp tract as follows: l . S 32° 10 ' 43" W 185 . 40 feet to a 1/2" iron rod; �.� 2. S 32° 10 ' 44" W 532 . 70 feet to a 1/2" iron rod in the south line of the J. B. Fay Survey, also being the north line of the James Cate Survey; 3. S 28° 43 ' 22" W 381 . 25 feet to a 1/2" iron rod; 4. N 65° 23 ' 06" W 7 . 21 feet to a 1/2" iron rod; 5. S 29° 52 ' 59" W 355 . 75 feet to a 1/2" iron rod at the beginning of a curve to the right; 6 . Southwesterly 200. 19 feet along said curve to the right, having a radius of 530. 94 feet, a central angle of 21° 36 ' 12" and a chord bearing S 40° 41 ' 05" W 199 . 01 feet to a 1/2" iron rod at the end of said curve; EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 86-71 LEGAL DESCRIPTION CONTINUED 7 . S 51° 23 ' 11" W 243 . 99 feet to a 1/2" iron rod at the beginning of a curve to tre right; +�� 8 . Southwesterly 142 . 92 feet along said curve to the right having a radius of 212 . 53 feet, a central angle of 38° 31 ' 49" and a chord bearing S 70° 45 ' 06" W �,, 140. 24 feet to a 1/2" iron rod at the end of said curve; 9. N 89° 59 ' 00" W 530 . 35 feet to the POINT OF BEGIN- NING, containing 57 . 774 acres of land. �, ... ��.� ��