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
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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:
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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.
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PASSID AND APPROVID by the City Council of the City of Grapevine, Texas
on this 18th day of Novemb�r, 1986.
APPROVED:
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�.�������
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
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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;
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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.
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