HomeMy WebLinkAboutORD 1985-015 ORDINANCE N0. 85-15
AN ORDINANCE AMENDING ORDINANCE N0. 82-73,
THE CONIPREFi�TSIVE ZONIlQG ORDINANCE OF THE
CITY OF GRAPEVIlVE, TEXAS, SAME BEING AISO
KNOWN AS APPENDIX "D" OF THE CITY CODE OF
G�PEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
,� IpT, TRACT, OR PAFiCEL OF LAND LYING AND
BEING SITtJATED IN TARRANT COUN'I'Y, 'I�S,
BEING A PART OF 'I'I� E. R. RICHAFtDSON
�, SURVEY, ABSTRACT NO. 1352 AND 'I� J. W.
HAYNFS SURVEY, ABSTRACT NO. 788, IN THE
CITY OF GRAPEVINE, TEXAS, MfJRE FUI�Y AND
COMPI�'i�LY DESCRIBID IN THE BODY OF THIS
ORDINANCE; ORDERING A C,EIANGE IN THE USE OF
SAID PROPERTY F� "R-20" SINC�E-FANIILY
DWELLING DISTRICT TO "R-7.5" SINGLE-FANiILY
DWEI�LING DISTRICT; PROVIDING STIPUI,ATIONS
AND CONDITIONS REI�ATIVE TO OPEL�T SPACE AND
P,CCESS; CORRDCTING Tf� OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS, M(JRALS AND GENERAL W��'ARE
DEMAND A ZONING CHANGE AND AMENDMENT
TI�'REIN MADE; PROVIDING A PII�LTY NOI' TO
EXCEID THE SUM OF ONE THOUSAND DOT,T�ARS
($1,000.00) AND A SEPARATE OFFENSE SHALL BE
DEENIED CONIl�IITTED UPON EACH DAY DURING OR ON
WHIC�i A VIOLATION OCCURS; AND DEfCLARING AN
II�RGENCY
Wf�REAS, applications were made to amend the Official Zoning Map, City of
�, Grapevine, Texas, by making applications for same with the Planning & Zoning
C�mission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Te�as, and all the legal
requir�nents, conditions and prerequisites having been camplied 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 canplied
with; and,
WI�RF�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 i��ediately surroundi.ng the site; safety frcan fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing ele�uents 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 imriediate neighborhood, adequacy of parking as determined by
require�ents 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 prorrotion of health and the general v�elfare, effect on light and
air, the effect on the overcrowding of the land, the effect on the
+i�,r 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, Te�s, at a public
hearing called by the City Council of the City of Grapevine, Texas, did
consider the follawing 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 froan same, the effect on the prc�tion 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,
�, the City Council further considered amr�ng 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 nx�st
appropriate use of land throughout this city; and,
WHEItEAS, 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 ain�endment, 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,
;�, HIHEREAS, 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 frcgn fire, panic and other dangers; pro�tes 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
requisem�nts; and,
W�REAS, 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 prca�ote the general
health, safety, and vaelfare of this community.
NOW, 'I'H�'ORE, BE IT ORDAINID BY TI� CITY COUNCIL OF THE CITY OF
GRAPEVINE� TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
''�`�" Cc�nprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also l�awn as Appendix "D" of the City Code of Grapevine, Tea�as, be, and the
„�, same is hereby amended and changed in that the use of the follawing described
property, to wit:
Being a tract of larid out of the E. R. Richardson Survey, Abstract
No. 1352 and the J. W. Haynes Survey, Abstract No. 788, in the City of
Grapevine, Tarrant County, Texas, m�re fully and canpletely described in
Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-20" Single-Fami.ly Dwelling District is hereby changed to "R-7.5"
Single-Family Dwelling District, all in accordance with Camprehensive Zoning
Ordinance No. 82-73, as �nded, and further providing that the property be
developed in accordance with the following conditions:
1. That the plan of access along Hall-Johnson Road contiguous to the
most southerly boundary of the property shall be incorporated into
the preliminary and final subdivision plat as said access plan is
approved by the Director of Public Works and is generally in
accordance with Plan 5, attached hereto and made a part hereof as
E�hibit "B"; and
2. That 30�000 square feet of open space be dedicated or provided to the
City as part of the final subdivision plat, also in accordance with
Plan 5, Exhibit "B", and as a condition precedent to the issuance of
"""" a building perniit.
Section 2. The City Manager is hereby directed to correct the official
�irrr 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 c�rehensive plan for the
purpose of pranoting health, safety, morals and the general �lfare of the
ccs�munity. 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 fise, 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, wat�er, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, comnercial needs and develognent of the c�ity. 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 conservi.ng the value of buildings and encouraging the most
appropriate use of land throughout the comnunity.
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Section 5. This ordinance shall be cumulative 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 sanue 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 camply 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�mitted 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 pre�nises, 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 cce�mission 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 iimlediate preservation of the
public business, property, health, safety and general woelfare of the public
which requires that this ordinance shall bec�e effective frcan and after the
date of its final passage, and it is accordingly so ordained.
PASSID At�ID APPROVED by the City Council of the City of Grapevine, Texas
on this the 19th day of March, 1985.
APPROVED:
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Mayor
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ATTEST:
``�� �`�
l C�,�t_k'�,�J �d.�)�Q.�,i.c�
City Secretazy
APPROVED AS TO FORM AND LEGALITY:
City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 85-15
� trcn.. DT:SCi:TPTTO:r �
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TRACT i:
� � ALLTHAT CF.�:TAI� TDJ'1('T OR P�'1?:CP.i. 0}' L�1`:n o>>t �` the r. ?'.. �:icliardson Survey, �'1-1352
and the J. lJ. Naynes Survey, A-7f3£�, Tarrant Count�, '1'e�:as anc� bein� further described
hv metes and bounds as follows:
( BECT`�rI:�G at a point in the cente�l ine or �o�tr.r�; �.�::c3 "�12� �;ia11-Jonnsor. F.oad) being
by deed cail 1Q2 varas West oT the Northeast corner o,` thc G. ;.'. `Iinter Survey, �-1034,
Tarrant County, Texas;
T!iEtiCE South 89 degrees 17 ' 2b" ?�est, l�f��,SB reet wit'� said County Road centerline,
being by deec? call the Norrh line of said �. [•?. `!inr_er Survey, and the Souti: line of �
said 3. ?J. Havnes Survey, to a point in sai;.� Countv Ro::cl bei�� by deed call the
Southwest corner of a tract of lan� deecled to Herman 'filler as recorded in ��olume
1720, pafic 225, Peed Records, Tarrant Countv� Te�as:
TiiF.?�C� North 0 de�r�es 42' 45" ;dest, at 25.� feet nassin� an existing stee� rod ir.
the North ROt•? line of said Coiinty Road for the Southeast corner of a tract of land
deeded to Leon Smith as recorded in Volume 472h, pa�e 3���. Deed Records, 'tarrant
County, Texas, and continuin� for a total distance of t143.12 Feet with the East
line of saic: Smith tract to a set steel rod; •
TtiE\C� North fi7 degrees 44 ' 45" �ast , 3?8.3-'+ feet to a stecl rod;
T1�E�;CE South 88 degrees 45' 40" East, 3�3."?.' feet to a 1." pipe in concrete; bein� �;�
deed call the vortheast corner of s�id ^tilter trar_t;
��_... Ti�L�CF. North 87 degrees 54' S9'� East, 350.°1 feet to a 1" pipe;
, TTiE`:CE South 1 degree 39' 06" rast, at 1125.31 feet passing a 1-1 /?" Pipe in the
North RO�+T line of said County Road, and continuinK for a total di.stance of 1150.31
�`' feet to the place of be�inning and containin� 26.1�2 acres, of which 0.574 acre is
in the RO�� of County Road 1l3120, leaving a net acrea�;e of ?5.528 acres of Iand.
. TR�CT II:
�� ALL TH�T CERTAI\ TRACT OR PARCP.L OP LA:vD out of the �. R. Richardson Survey, A-1352 --
and the J. [d. Haynes Survey, A-7S�i, Tarrant County, Tetias and being further des-
cribed by metes and bounds as follows: -
BEGI:I�II;1G at an etisting steel rod for the Southeast corner of �lock 3-R, Woodland
Estates Addition, accordin� to PLat recor�',ed in :'olur�e 333-Four, p�ge 5!+.5, Deed
Records, Tarrant Count}, Texas;
THF,'�CE South 9 de�rees 09' 07" ;tiest, 205.1f feet to an e:cisting steel �od;
THE,�CE South 87 de�rees 44 ' 45" ;Jest. 3''9.34 feet to :i set steel rod; _ :
TA�*10E �Iorth 0 degrces 42` 45" tJest, U4.3 feet to a stcel fence poRt i.n the.5E�attt .
� line of said Block 3-R; �.
T?-IENCE North 83 degrces 31' 36" East, 3��5,23 feet witt� said Soutl� lin� to t}i�� :
place of beginning an3 containin� 1.'��35 acres of lanct,
The herein described t�oo tracts bein� cc�ntit;uous 3nd r.onr_,,inici;; 2% .5�;7 acrea oi
land, of whict� �. 574 acre lies in t'<<� Rr�;•: of �ounty t;o���t `l':2�t, 1 ��:,•.•in;� ,i n�et°
acrea�c of '_.'.C1.3 scr:� of lar,:3.
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EXHIBIT "B" TO
ORDINAI�TCE NO. 85-15
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