HomeMy WebLinkAboutORD 1986-039 ORDINANCE NO. 86-39
AN ORDINANC� A1�IDING ORDINANCE NO. 82-73,
THE COMPRE��ISIVE ZODTING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO
KNOWN AS APPENDIX "D" OF � CITY CODE OF
GRAPEVINE, TEXAS, GRANrING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
,,�,:y, L�0`I', TRACT, OR PARCEL OF I�ND LYING AND
BEING SITUP,TED IN TARRANT COUNTY, TEXAS,
BEING A PART OF Tf� ORIGINAL TOWN OF
GRAPEVINE, IN Tf-� CITY OF GRAPEVINE, TEXAS,
MORE FULLY AND CONIPL�'I'ELY DESCRIBID IN Tf�
BODY OF THIS ORDINANCE; ORDERING A CHANGE
IN THE USE OF SAID PROPERTY F� "R-7.5"
SINGL�E-FANIILY DWELLING DISTRICI' TO "PO"
PROFESSIONAL OFFICE DISTRICT AND PROVIDING
FOR ACCEPTANCE BY THE CITY OF PROFFERED
VOLUNTARY DEID RESTRICTIONS; CORRECTING Tf�
OFFICIAL ZONING MAP; PRESERVING ALL OTf�R
PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING
A CZAUSE RII�ATING TO SEVERABILITY; DEI'ER-
MINING THAT THE PUBLIC INTERESTS, MORAIS
AND GENERAL WEI�'ARE DEMAND A ZONING Q�iANGE
AND ANIII�TDNIEN`r TF�REIN MADE; PROVIDING A
PEEL�TTALTY NOT TO EXC� TI� SUM OF ONE
THOUSAND DOLLARS ($1,000.00) AND A SEPARATE
OFF'EEbTTSE SHALL BE DEENIFD COMMITI�D UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS
Tn�, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for san�e with the Planning & Zoning
Comnission of the City of Grapevine, Texas, as requised by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
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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,
WHEREAS, 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 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 i��ediate 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, parks and other facilities; and,
Wf�RF,AS, 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 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,
HfHEREAS, 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 mr�st
appropriate use of land throughout this city; and,
HiHERF�S, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public den�ands it,
that the public interest clearly requires the amenchnent, 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,
Wf-IEREAS, 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 from 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,
H�, 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 ttiis 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 promote the general
health, safety, and welfare of this co�nunity.
NOW, THEEZEFORE, 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
' Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known as Appendix "D" of the City Code of Grapevine, 'I'exas, be, and the
� 3 same is hereby amended and changed in that the use of the following described
property, to-wit:
Being a tract of land in the City of Grapevine, Tarrant County, Texa.s,
more fully and ccunpletely described as the south 129 feet of Lot 3, Block 31,
of the Original Town of Grapevine, which was previously zoned "R-7.5" Single-
Family Dwelling District is hereby changed to "PO" Professional Office
District, all in accordance with Ccxnprehensive Zoning Ordinance No. 82-73, as
amended, and providing for acceptance by the City of proffered voluntary deed
restrictions.
Section 2. Deed restrictions relative to providing off-street parking on
property within three hundred (300) feet of subject property (a copy of which
deed restrictions are attached hereto and made apart hereof as Exhi.bit "A") ,
as authorized by Section 58A of the Comprehensive Zoning Ordinance, were
proffered by the owner, Support Associations Management, Inc. , accepted by the
City, and the City Staff instructed to file said deed restrictions in the Deed
Records of Tarrant County, Texas.
Section 3. TYie City Manager is hereby directed to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
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zoning.
Section 4. 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 5. 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 w�elfare of the
canmunity. 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 fran 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, co�nercial needs and develognent of the conamaxzity. They have
been made with reasonable consideration, among other things, of the character
of tYie 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 coitanunity.
Section 6. This ordinance shall be c�unulative 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 7. 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 8. 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 sulmitted 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 e�ist 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 e�nployed 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
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state law.
� � PASSID AND APPROVED by the City Council of the City of Grapevine, Texas
on first reading on this the 3rd day of June, 1986.
PASSID AND APPROVED by the City Council of the City of Grapevine, Texas
on second reading on this the 5th day of June, 1986.
APPROVED:
�5�!�'�
Mayor
. ATI�'ST:
�u�
City Secretary
APPROVID AS TO FORM AND LEGALITY:
�
�Z
City Attorney
� - EXHIBIT "A" , PAGE 1 OF 5
' ' TO ORDINANCE NO . 86-39
� �
�,
(, DEED RESTRICTIONS
THE STATE OF TEXAS )
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT )
That SUPPORT ASSOCIATIONS MANAGEMENT, INC. , a Texas
Corporation, is the owner of certain property situated in the
City of Grapevine, Tarrant County, Texas, as evidenced by Warranty
Deed with Vendor' s Lien, dated August 16 , 1985 and more particularly
described in field notes mark�d as Exhibit "A" and attached hereto
and made a part hereof.
That the undersigned does hereby impress a portion of the
property described in Exhibit "A" with the following deed restrictions,
to-wit:
1. The undersigned, its successors and assigns, do
hereby grant and convey to J. B. FOSTER, TRUSTEE,
his heirs and/or assigns, the free and uninter-
rupted use and access of eight (8) parking spaces
as further described in Exhibit "B" attached hereto
and made a part hereof, at all times in common
with Grantee, his heirs and/or assigns. It is
further understood the subject property in Exhibit�"'C"
owned by J.B. FOSTER, TRUSTEE, is the beneficiary ,
of this easement as described in Exhibit "B" .
- These restrictions shall continue in full force and effect
for a period of twenty-five (25) years from the date of execution
j 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 ter-
minated without a public hearing before the Planning and Zoning �
Commission and the City Council of the City of Grapevine. Notice
of such pu�lic hearings shall be given as would be. required by law
for zoning change on the property described herein: The City
Manager, or designee, through authorization by majority vote of
the City Council of the City of Grapevine, Texas and SUPPORT
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ASSOCIATIONS MANAGEMENT, INC. , its successor,� and assigns must sign
a document to be filed in the Deed Records of Tarrant County, Texas
approving the amendment or termination of the�e Deed Restrictioris.
'10L '$38'Fi P�GE����
� EXHIBIT "A" , PAGE 2 OF 5
, � ; � TO ORDINANCE NO. 86-39
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 at-
tempting to violate such restrictions, either to prevent nim from
so doing and to correct such violation and for further remedy, the
City of Grapevine may withhold the Certificate of Occupancy necessary
for the lawful use of the property until such restrictions described
herein are fully complied with.
These restrictions are hereby declared covenants running
f 11 bindin u on all ersons acquiring pro-
all be u P
w ' h the land sh y g P
ti ,
perty within the above described tract, and any person by acceptance
of title to any of the above described property shall thereby agree
and covenant to abide by andfully perform the foregoing restrictions
and covenants.
� EXECUTED THIS THE � DAY OF , 1986 .
SUPPORT ASSOCIATIONS MANAGEMENT, INC.
�
:�r.<,�
�
r �
BY: � � �`
KElT�i A. WOOD, Presi ent
THE STATE OF TEXAS )
COUNTY OF TARRANT )
This instrument was acknowlEdged before me on the ��day
of �,�_ , 1986, by KEITH A. WOOD, President of SUPPORT ASSOCIA-
TION�MANAGEMENT, INC. , a Texas Corporation, on behalf of said corpora-
�..,;
tion.
-. ..--:.: _, .. �.��
�
NOTA Y UBLIC, STATE OF TEXAS
�10�,_ �����Q�+:,�1���
� EXHIBIT "A" , PAGE 3 OF 5
� � TO ORDINANCE NO. 86-39 � """
EXHIBIT "A"
A portion of Lot 4, Block 15, CITY OF GRAPEVINE, Tarrant County, Texas, accordfng
to Plat recorded in Volume 309, Page 72, Plat Records, Tarrant County, Texas, and
��.-,�,
being described by Metes and Bounds as follows:
BEGINNING at an iron pin in� the South line of College Street, said point being
the Northeast corner of said Lot 4;
�� THENCE S. 00� - 31' E. 169.7 feet to an iron pin for corner;
THENCE West, 176.74 feet to an iron pin for corner;
THENCE N. 00� - 27' W. 169.7 feet to an iron pin in the South line of College
Street; -
,
THENCE East, along the South line of College Street 176.5 feet to the POINT OF
BEGINNING.
,�
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'lo� S�$6����13��
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` . EXHIBI'I` "A" , PAGE 4 OF 5
� , TO ORDINANCE N0. 86-39
' � , ' ,
SURVEY OF PREMISES LOCATED ON A PORTION OF LOT 4, BLOCK 15 ,
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS ACCORDING TO PLAT
RECORDED IN VOLUME 300 , PAGE 72 , PZ,AT RECORDS, TARRANT COUNTY,
TEXAS, AND BEING DESCRZBED BY METE5 AND BOUNDS AS FOLLOWS;
COMMENCING at an iron pin in the South line of College Street,
said point being the Northeast corner of said Lot 4;
THENCE, West, a distance of 176 .5 feet to an iron pin;
THENCE, South 0°27 ' East, a distance of 41. 5 feet to an iron
w,.,.�
pin for a corner;
THENCE, No�th 89° 33 ' East, a -7istance of 59 .. 0 feet t� an iron pin
set for the POINT Or BEGINNING and the Northwest corner of the
hErein described tract of land;
THENCE, South 0°27 ' East, a distance of 43 . 0 feet to an iron pin
for the Southwest corner;
THENCE, South 89°33 ' West a distance of 38. 5 feet to an iron pir.
for a corner;
THENCE, North 0°27 ' West a distance of 11. 0 feet to an iron pin i�r
a corner;
THENCE, South 89° 33 ' West a distance of 20 . 5� feet to an iron pin
for a corner;
THENCE, North 0°27 ' West a distance of 32 . 0 feet to :.ie POINT OF
BEGINNING and containing 2 ,311 square feet of land.
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EXHIBIT "B°
'�OL ��$�Pt;G�����
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', , . EXHIBIT "A" , PAGE 5 OF 5
' - TO ORDINANCE NO. 86-39
. .
EEING LOT 3, BLOCK 31, ORIGINAL TOWN OF GRAPEVINE, TEXAS,
according to Plat the pay thereof recorded in Voltune 309, Page 72 ,
Map Records, Tarrant Co�znty, Texas:
SAVE AND EXCEPT that 25 ' wide tract conveyed from Clara S. Watson,
liaka Clara Stewart Watson, to Roy Chambers, et ux, Idell Chambers,
I dated April 24 , 1953, recorded in Vol�une 2259, Page 393 , Deed
��,� �
Records, Tarrant County, Texas and that 1G ' wide tract conveyed
j from Clara S. Watson to Walter E. Mayfield, et ux, Marcie F .
Mayfield dated September 9, 1964, recorded in Volume 3990, Page
II 455, Deed Records, Tarrant County, Texas.
�.
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EXHIBIT "C"
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Return to: � � ::. '� -_;�
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Karen Spann � � �� v •
City of Grapevine �
P.O. Box 729 . �'
�n
Grapevine, TX 76051
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