HomeMy WebLinkAboutORD 1986-009 , •
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I ( � ORDINANCE NO. 86-09
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AN ORDINANCE �IDING ORDINANGE NO. 82-73,
TI� COMPREHENSIVE ZONING ORDINANCE OF T.�3E . h.` �
CITY OF GRAPEVINE, TEXAS, SAME BEING AISO
KNOtiVI�T AS APPENDIX "D" OF THE CITY CODE OF
GR�EVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
,�:; , I�OT, TRACT, OR PARCEL OF I�AND LYING AND
BEING SITUATID IN TARRANI' COUNTY, Z�XAS,
BEING A PART OF TI� ELIZABETH COX SURVEY,
ABSTRACT NO. 352, IN Tf� CITY OF GRAPEVINE,
�,, TEXAS, MORE FULLY AND COMPL�i'ELY DFSCRIBED
IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN 'I'I� USE OF SAID PROPII2TY FROM
"R-MF-2" MULTI-FAMILY DWEC�LING DISTRICT TO
"CC" CO�lUNITY C�RICAL DISTRICT; COR-
RECTING � OFFICIAL ZONING MAP; PRESERVING
Ar,r, OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CZAUSE RELATING TO SEVER-
ABILITY; DF'r'F'umTNING Z�1AT THE PUBLIC
INl'ERESTS, MORALS AND C'���'•RAT, [n�I,F'ARE
DEMAND A ZONING CHANGE AND AMII�TDNIET]T
THEREIN MADE; PROVIDING A PENALTY NOT TO
EXCEID THE SUM OF ONE THOUSAND DOLLARS
($1,000.00) AND A SEPARATE OFF'ENSE SHA]'_.I, BE
DEII�IED CONIl�'LZTTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARING AN
II�ZGINCY
T��S, applications w�re made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
�' Co�nission 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, Te�as, after all
legal notices requirements, conditions and prerequisites having been cc�nplied
with; and,
Wf�E2EAS, 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 �diately surrounding the site; safety fran fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing ele.�ne.nts 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�nediate 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 prcx�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,
sew�erage, schools, pa.rks and other facilities; and,
�, _ WI�'.RFAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevi.ne, 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 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,
VOl 85U0 P�cE i���
W�, 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�E2EAS, 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 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,
H�, 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,
Wf�E�S, the City Council of the City of Grapevine, Texas, has deterntined
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 promote the general
health, safety, and welfare of this co�snunity.
NOW, THEREFF'ORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TF� CITY OF
GRAPEVINE� TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
° Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known 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 Elizabeth Cox Survey, Abstract No. 352,
in the City of Grapevine, Tarrant County, Texas, mpre fully and ccxnpletely
described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-MF-2" Multi-Family Dwelling District is hereby changed to
"CC" Conmunity ComYiercial District, all in accordance with Ccxnprehensive
Zoning Ordinance No. 82-73, as amended.
Section 2. Prior to the approval of any plat or the issuance of any
building permit or certificate of occupancy on the tract or tracts of land
herein described, in accordance with the Agreement to Dedicate Right-of-Way
attached to this ordinance as Exhibit "B", Developer and Owner agree to and
shall dedicate the following property upon the request of the City:
(1) Al1 necessary right-of-way for the south half of Hall-Johnson Road
forty (40) feet in width fran the west right-of-way line of the
South Bound Frontage Road of State Highway 121 to the east right-
of-way line of Cheek-Sparger Road; and
(2) Al1 necessary right-of-way for the east half of Cheek-Sparger Road
� � forty (40) feet in width fran the south right-of-way line of Hall-
Johnson Road to the south property line of that certain 47.289 acre
tract of land stivated in the City of Grapevine, Texas, out of the
,�., _.,, Elizabeth Cox Survey, Abstract No. 352 being that certain tract of
land conveyed to Yancey-Camp Management Co�any by deed recorded in
Vol�nne 7887, Page 73 of the Deed Records, Tarrant County, Texas; and
(3) All necessary right-of-way thirty (30) feet in width for the north
half of a new road to be developed and constructed along the most
southerly thirty (30) feet of that 47.289 acre tract of land
situated in the City of Grapevine, Texas, out of the Elizabeth Cox
Survey, Abstract No. 352 being that certain tract of land conveyed
to Yancey-Camp Management Canpany by deed recorded in Voltune 7887,
Page 73 of the Deed Records, Tarrant County, Texas.
UpL $J�O PaGE 1S�
Section 3. 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 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 ccenprehensive plan for the
purpose of pranoting health, safety, morals and the general w+elfare 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 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 adequa.te
provisions of transportation, water, sewerage, drainage and surface �rater,
parks and other public requirements, and to make adequate provisions for the
normal business, commercial needs and developnent of the comnunity. They have
been made with reasonable consideration, among other things, of the character
of the district, and its peculiar suitability for the garticular uses and with
a view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the community.
Section 6. 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 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 descri.bed herein shall be declared to
� be invalid, the sa� 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 �his 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 su}�iitted 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 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 9. The fact that the present zoning ordinance and regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
safety, mprals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the irrrtnediate 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, T�as
on this the 21st day of January, 1986.
APPROVED: �°�`"4� ' ' "��
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'�OL SSOO PAGE 15,'24
ATTEST:
Cit Secretary
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
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VOL SJ�I R�GE Z.S��J
. � � EXHIBIT "A" TO
ORDINANCE NO. 86-09
�
LEGAL DESCRIPTION AND FIELD NOTES
BEING a 16 . 294 acre tract of land situated in the City of
Grapevine, Tarrant County, Texas, out of the Elizabeth Cox
Survey, Abstract No. 352 , and being a portion of that cer-
tain tract of land conveyed to Yancey-Camp Management Com-
pany by deed recorded in Volume 7887 , Page 73 of the Deed
Records of Tarrant County, Texas. Said 16. 294 acre tract
of land being more particularly described as follows :
EEGINNING at a point in the West line of State Highway 121 ,
said point being S�uth 00 degrees 08 minutes 53 seconds West,
a distance of 15 . 00 feet from the South line of Hall-Johnson
Road;
THENC�, South 00 degrees 08 minutes 53 seconds West along said
West line of State Highway 121 a distance of 845 . 00 feet to a
point for corner;
THENCE South 89 degrees 44 minutes 36 seconds West a distance
of 840 . 00 feet to a point for corner;
THENCE North 00 degrees 08 minutes 53 seconds East a distance
of 845. 00 feet to a point for corner;
THENCE North 89 degrees 44 minutes 36 seconds East a distance
of 840 . 00 feet to the point of beginning and containing 16 . 294
acres of land, more or less.
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VOL Sa�P�GE��,�1�
EXHIBIT "B" , PAGE 1
� • " TO ORDINANCE NO . 86-09
S3't`�TE OF TEXAS § AGREEMENT TO DEDICATE
§
COUNTY OF TARRANT § RIGHT-OF-WAY
This Agreement to Dedicate Right-of-Way is entered into this 21st day
of January , 1986, between the City of Grapevine, Texas, (the "City") and
Yancey-Camp Management Company (the "Developer and Owner").
WHEREAS, the Developer and Owner are the holders of fee simple title
in and to approximately 47.289 acres of land located in the City as more fully
described in Exhibit "A" attached hereto and incorporated herein by reference,
�th��, and made a part hereof for all purposes (hereinafter referred to as the
"Property"); and
� WHER.EAS, Developer and Owner requested and, by passage of Ordinance
No. 86-09 by the City Council, were granted a change in zoning from R-MF-2
Multi-Family ta CC Community Commercial on approximately sixteen (16) acres
of land out of the Property; and
WHEREAS, the Developer and Owner in presenting its request for a
rezoning on the approximate sixteen (16) acres stated its intent to dedicate
right-of-way, and the Planning and Zoning Commission and the City Council in
considering the subject request relied heavily on the Developer and Owner's
stated intention to dedicate the necessary right-of-way for one-half the road
along Hall-Johnson Road, Cheek-Sparger Road and a new road to be developed
and constructed along the southern property line of the Property as a condition
precedent to obtaining any plat approvals, issuances of building permits and
certificates of occupancy on and throughout the approximate sixteen (16) acres
of land zoned by Ordinance No. 86-09; and
WHEREAS, Developer and Owner recognize the need for the sub-
ject right-of-way to be dedicated and the streets and roads improved in order
to develop the property for commercial purposes; and
WHEREAS, the Developer and Owner have requested the City to impose
such a condition precedent within Ordinance No. 86-09; and
� WHEREAS, the Developer and Owr�er and �37e City desire by this
�� Agreement to determine the basis of insuring the dedication of right-of-way in
j a timely and mutually satisfactory manner.
WITNESSETH, that for and in consideration of the City approving any
plats, or issuing any building permits or certificates of occupancy on and
throughout the approximate sixteen (16) acres of land zoned by Ordinance No.
86-09, the Developer and Owner, its representatives, heirs, assigns, successors,
trustees, and/or all others holding any interest, now or in the future in the
approximate sixteen (16) acres of land zoned by Ordinance No. 86-09, agree to
enter into this Agreement which shall operate as a covenant running with the
land and shall be binding upon the Developer and Owner with the following
provisions:
Section 1. Prior to the approval of any plat or the issuance of any
building permit or certificate of occupancy on the approximate sixteen (16) acres
of land zoned by Ordinance No. 86-09, Developer and Owner agree to and shall
dedicate the following property upon the request of the City:
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EXHIBIT "B" , PAGE 2
� ' TO ORDINANCE NO. 86-09
(1) all necessary right-of-way for the south half of Hall-Johnson Road
forty feet (40') in width from the west right-of-way line of the
South Bound Frontage Road of State Highway 121 to the east right-
of-way line of Cheek-Sparger Road; and
(2) all necessary right-of-way for the east half of Cheek-Sparger Road
forty feet (40') in width from the south right-of-way line of Hall-
Johnson Road to the south property line of that certain 47.289 acre
tract of land situated in the City of Grapevine, Texas, out of the
Elizabeth Cox Survey, Abstract No. 352 being that certain tract of
land conveyed to Yancey-Camp Management Company by deed
recorded in Volume 7887, Page 73 of the Deed Records, Tarrant
County, Texas; and
(3) all necessary right-of-way thirty feet (30') in width for the north
half of a new roaa 't� oe develaped and constructed along the most
southerly thirty feet (30') of that 47.289 acre tract of land situated
in the City of Grapevine, Texas, out of the Elizabeth Cox Survey,
Abstract No. 352 being that certain tract of land conveyed to
Yancey-Camp Management Company by deed recorded in Volume
7887, Page 73 of the Deed Records, Tarrant County, Texas.
Section 2. Developer and Owner expressly acknowledge, understand and
agree that by entering into this Agreement, Developer and Owner shall never
construe this Agreement as waiving any other prerequisites for plat approval or
the issuance of buildings permits or certificates of occupancy by the City nor
as waiving any requirements of Ordinance No. 86-09 or the Comprehensive
Zoning Ordinance of the City, same being also known as Appendix D of the Code
of Ordinances of the City, or any other rule or regulation of the City except as
may be specifically provided herein.
Section 3. Upon the satisfactory completion by Developer and Owner
and acceptance by the City of the requirements of this Agreement, this
Agreement shall terminate and the City will execute a Release of Covenants to
the Developer and Owner.
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DEVELCPEP�, AND C3�°�'NE��.:
" "" Yancey-Camp Management Company
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AT°�`�ST: City of Grapevine, Texas
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,`� -�ity� �ecretary T Tom Powers, Mayor
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' y Brubeck, Notary Public in and for ``�,4 ` `�
' ?�t� tate of Texas
JOD! QRL'E3��CK, tJ�tary Pub!Ic l�' �i���=�'''GGE�.��8
in and fo�' i r , :�l �e ct i�::�5
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- . ` , EXHIBIT "B" , PAGE 3
� ` TO ORDINANCE NO. 86-09
EXHIBIT "A"
�� YANCEY-CAMP MANAGEMENT COMPANY
AGREEMENT TO DEDICATE RIGHT-OF-WAY
� ---FIELD NOTES---
BEING A 47 . 289 acre tract of land situated in the City of Grape-
vine, Tarrant County, Texas, out of the Elizabeth Cox Survey,
Abstract No. 352, being that certain tract of land conveyed to
Yancey-Camp Management Company by deed recorded in Volume 7887 ,
Page 73 , of the Deed Records, Tarrant County, Texas, said
47 . 289 acre tract being more particularly described as follows :
BEGINNING at a point in the existing centerline of Hall-Johnson
Road and the west right-of-way line of State Highway No. 121 ;
THENCE along the west right-of-way line of said State Highway
No. 121 South 00 degrees 08 minutes 53 seconds West a distance
of 1219. 67 feet to an iron pin found for corner; being the south-
east corner of herein described 47 . 289 acre tract;
THENCE along the south line of said herein described 47. 289 acre
tract South 89 degrees 48 minutes 35 seconds West a distance of
"' ' 1688. 78 feet to a point in the centerline of Cheek-Sparger Road
being South E9 dec�rees 4E minutes 35 seconds West a distance of
',, .„,, 25. 00 feet from an iron pin found;
THENCE along the centerline of Cheek-Sparger Road North 00
degrees 00 minutes 17 seconds East a distance of 1217 . 70 feet
to the intersection of the centerline of said Cheek-Sparger
Road and Hall-Johnson Road;
THENCE along the centerline of said Hall-Johnson Road North 89
degrees 44 minutes 36 seconds East a distance of 1691 . 84 feet
to the POINT OF BEGINNING and containing a gross area of 47 . 289
acres of which 1 . 655 acres lie within the existing right-of-way
of Cheek-Sparger and Hall-Johnson Roads, leaving a net area of
45. 634 acres of land, more or less.
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COUNTY OF.TARRAPiZ j
STATE OF Tp(AS } .
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date and ��rt��tn�f f�ig instrument was FILED
at the tima stamped hereon by me and wes nau��s
RECORDED in th�Volume and Page of the Iyamed RecorAg,
of Tarrar� Y
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Return to:
Karen Spann, City Secretary
City of Grapevine
P.O. Box 729
Grapevine, TX 76051
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