HomeMy WebLinkAboutORD 1984-065 ORDIN��NGE N0. 84-65
AN ORDIlQANCE AT�IDING ORDINANCE NO. 82-73,
TF� COMPRII�TSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVIlVE, TE?�,5, SANIE BEING AL.SO
�N AS APPIIVDIX "D" OF � CITY C!ODE OF
GRAPEVINE, TE�S, GRAtVTING A ZONING CHANGE
ON A TRACr OF LAND DESCRIBID AS BEING A
�� IAT, TRACT, OR PARC�L OF LAND LYING AND
BEING SIZ'UATID IN TARR�N'r COUNTY, TEXAS,
BEING A PA1�P OF Tf� A. FOSTIIt SURVEY,
� ABSTRACT NO. 518, IN THE CITY OF GRI�EVINE,
T�S, NYJRE F'[ILLY AND CONIPLE�ELY DESCRIBID
IN THE BODY OF THIS ORDINANCE; ORDERING A
CEIANC� IN THE USE OF SAID PRUPEf�i'Y F�
"R-7.5" SINGL�-FANILLY DWELZING DISTRICT AND
"R-3.5" ZWO-FAMILY D�VII�LING DISTRICT TO
"R-7.5" SINGLE-FAMILY DWELLING DISTRIGT
AND "R-3.5" 'IinTO-FAMCLY DLJELZING DISTRICT,
PRCJVIDING FOR AN ADJ[JS'IN�TI' Il�T THE ZONIlVG
DISTRICI' B(�UIVDARIES; CORFtD�,'TING THE
OFFICIAL ZONING NIAP; PRESERVIIVG AI�L dI�IIIt
PORTIONS OF Z'HE ZONING ORDINANCE; P1�7IDING
A CLAUSE RELATING TO SEVERABILITY;
DEI'ERMINING THAT TI� PUBLIC INTERESTS,
MQRAI,S AND � WEL�'ARE DIIKAND A ZONING
CfiADiGE AND AMEL�iDNIE[V'!' THEREIN N1ADE; PRO-
VIDING A PE[�IALTY NOT TO EXCEm THE SUM OF
orr� Txous� Dor.�s ($1,o00.oo) � A
SEPARATE OFF'EDTSE SHAIZ BE DEII�IED CONIl�'II'ITID
UPON EAGH DAY DURING OR ON WHICH A
VIOLATION OCC[TRS; AND DE�CL�ARING AN
II��FtGII�iCY
�
WFIEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for san�e with the Planning & Zoning
Coimiission of the City of Grapevine, Te.xas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requirements, oonditions and prerequisites having been ca��lied 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 oamplied
with; and,
W�, the City Council of the City of Grapevine, Texas, at a p�ublic
hearing called by the City Council did consider the follawing factors in
making a deternlination as to whether these requested changes should be granted
or denied; safety of the nx�toring public and the pedestrians using the
facilities in the area i�nediately 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��diate 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 oontrol dust,
effect on th�e pramotion of health and the general welfare, effect on light and
�, air, the effect on the overcrawding of the land, the effect on the
concentration of population, the effect on the transportation, water,
sev�erage, schools, parks and other facilities; and,
Wf�S, 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 follaaing factors in making a detern�ination 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 fro�n sam�e, the effect on the prcgrotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
W�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,
,�� Wf�RE',AS, 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 amendment, that the zoni.ng
changes do not unreasonably invade the rights of those who bought or improved
property with reference to the classification which e�isted at the time their
original investrrent was made; and,
Wf�REA.S, 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; pramtes health and the general
welfare; provides adequate light and air; prevents the avercrc�wding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sc�verage, schools, parks and other public
requirements; and,
ti�]HEREAS, 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 prormte the general
health, safety, and welfare of this comrnznity.
� NOW, TIiE}.2EE'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF � CITY OF
GRAPE�ITDTE, 'I'EX�1S:
� Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Co��rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lmawn 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 follawing described
property, to-�wit:
Being a tract of land out of the A. Foster Survey, Abstract No. 518, in
the City of Grapevine, Tarrant County, Texas, more fully and co�letely
described in E�xhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-7.5" Single-Family Dwelling District and "R-3.5"
Two-Family Dwelling District is hereby changed to "R-7.5" Single-Family
Dwelling District and "R-3.5" �-Family Dwelli.ng District (providing for an
adjustment in the zoning district boundaries as delineated in E�hibit "A") ,
all in accordance with Comprehensive Zoning Ordinance No. 82-73, as �zded.
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, Texas.
Section 4. That the zoning regulations and districts as herein
established have been made in accordance with the c�rprehensive plan for the
purpose of pro�ating health, safety, morals and the general welfare of the
cc�rnuzity. 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 overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drai.nage and surface water,
parks and other public requirements, and to make adequate pravisions for the
normal business, c�rcial needs and develognent of the cam�nznity. 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 comrn�iity.
Section 5. This ordinance shall be c�m�zlative 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 tern�s 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 cromply 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 submitted 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 da.y such violation shall be
permitted to exist shall constitute a separate offense. The awner or awners
of any building or premises, or part thereof, where anything in violation of
this ordinance sha.11 be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation employed in connection there�aith,
and who may have assisted in the c�mission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fi.ned as herein
provided. The City of Grapevine, likewise, shall have the pc7wer 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, 'I'exas are inadequate to properly safeguard the health,
safety, morals, peace, and general welfare of the inhabitants of the City of
Grapevine, 'I�as, creates an emergency for the inmediate 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, Texas
on this the 4th day of Sept�nber, 1984.
APPROVID:
7'Y ,
Mayor
A'I'I.'EST:
��
City Secretary
APPROVID AS 'PO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" , PAGE 1 TO
ORDINANCE NO. 84-65
�
DFSCRIPTION OF PROPEF2'I'Y FOR R-7.5 ZONING
BEI1� a tract af land situated in the A. Foster Survey, Abstract No. 518, City of Grape-
�� vine, Tarrant County, Texas, being the tract of land conveyed by deed fran Guy M. Kelley,
Jr. and June Anne Roper, Individually, and Nancy Ross Kelley Rockwood, Indivic�ually ar�d as
Indep�...ndent Executrix of the Estate af Darothy Delee Kelley, Deceased, to Phil R. Parker,
Trustee, as dated 19 June, 1984, and beirx3 more particularly described as follaws:
CONIl�IEI�TCING at a 1/2 inch iron rod found at the intersection of the north right-of-way
line af the St. Lcuis ar�3 Southwestern Railroad (100' width) and tl� west right-of way
line of Ball Street (50' width) , said rod being the southeast corner of a tract of land
conveyed by partition deed to the estates o� Mary Lcu ise Chastant as recorded in Volume
5681, Page 703, Deed Records af Tarrant Caunty, TPxas;
TI-�NCE South 80° 33' 27" West alorx3 the c�annon line of said railway and Chastant tracts a
distance of 838.97 feet to a 1/2 inch iron rod set for the southwest corner of said Chas-
tant tract;
Tf�NC� North 00° 51' 25" East along the west line of said Chastant tract a distance of
116.88 feet to a 1/2 inch iron rod set far the POINr OF BEGINNII�;
TfiE[�ICE South 80° 33' 27" W�t a distance of 177.87 feet to a 1/2 inch iron rod set for
corner;
�ICE Nc�rth 00° 51' 25" East a distance of 150.90 feet to a 1/2 inch iron rod set for
corner;
,�,__.:
Z�I�tJCE South 86° 19' 26" West a distance of 690.76 feet to a 1/2 inch iron rod set for
corner;
,�,, Tf�ICE South 00° 40' 25" West a distance of 221.31 feet to a 1/2 inch iron rod set for
corner;
Tf�i� South 80° 33' 27" West a distance of 136.86 feet to a 1/2 inch iron rod set for the
beginnirig of a circular curve to the right having a central angle of 35° 28' 25" and a ra-
dius of 240.55 feet;
'I'f�NCE along said circular cuzve to the right an arc distance of 148.93 feet and a chord
bearirx3 ar�d distance of North 81° 42' 21" West 146.56 feet to a 1/2 inch iron rod set in
the east line of a tract of land conveyed by deed to E.L. Lancaster, Jr., et ux, as
recorded in Volume 4140, Page 116, and Volu� 4140, Page 118, Deed Records of Tarrant
Caunty, Texas;
Tf�E Narth 00° 40' 25" East along the east line of said Lancaster tract a distance of
1102.96 feet to a 1/2 inch irrn rod set far corner in the south right-of-way line of West
College Street (70' width) ;
THII�ICE South 89° 56' 27" East along said south right-of-way line a distance of 1146.51
feet to a 1/2 inch iron rod found far the northwest corner af afor�nention�i Chastan
tract;
Tf�NCE Sauth 00° 51' 25" West along the west line of said Chastant tract a distance of
"�'� 956.62 feet to the POINr OF BDGINNII� and CONTAINING 24.6677 acres or 1,074,526 square
feet of land.
�
EXHIBIT "A" , PAGE 2 TO
ORDINANCE NO. 84-65
.�
DE.SCRIPTION QF PROPER'I'Y FOR R-3.5 ZONING
�:..:�,
BEII� a tract of land situated in the A. Foster Survey, Abstract No. 518, City of Grape-
vine, Tarrant County, Texas, being the tract of land conveyed by deed fran G�y M. Kelley,
"� Jr. and June Anne Roper, Individually, and Nancy Ross Kelley Rockwood, Individually and as
Independent Ex�utrix af the Estate of Dorothy Delee Ke11ey, Deceased, to Phil R. Parker,
Trustee, as dated 19 June, 1984, and being more particularly described as fallows:
COr�[�TCING at a 1/2 inch iron rod found at the intersection of the north right-of-way
line of the St. Louis and Southwestern Railroad (100' width) anr3 the west right-of way
line af Ball Street (50' width) , said rod being the southeast corner of a tract of land
conveyed by partition deed to the estates of Mary Louise Chastant as recorded in Volume
5681, Page 703, Deed Records af Tarrant County, Texas;
TI-�NCE South 80° 33' 27" West alorx� the co�unon line af said railway and Chastant tracts a
distance of 838.97 feet to a 1/2 inch iron rod set for the POINT C1F BDGINt�1ING, said rod
being the southwest corner af said Chastant tract;
'I'F�ICE South 80° 33' 27" West continuing along the north line of said railway tract a dis-
tance af 1161.06 feet to a 1/2 inch iran rod set far the southeast corner af a tract of
land conveyed by deed to E.L. Lancaster, Jr., et ux, as recorded in Volume 4140, Page 116,
and Volu�re 4140, Page 118, Dee3 Records of Tarrant County, Texas;
Z�E Narth 00° 40' 25" East along the east line of said Lancaster tract a distance of
162.17 feet to a 1/2 inch iron ro3 set on a cir�ular curve to the left havirig a central
�� angle of 35° 28' 25" and a radial bearing and distance of North 26° Ol' S2" East 240.00
feet;
`'�'"' THENCE along said circular curve to the left an arc distance of 148.93 feet and a chord
bearing arxi distance af South 81° 42' 21" East 146.56 feet to a 1/2 inch iron rod set for
the point af tangency;
THh'NCE North 80° 33' 27" East a distance of 136.86 feet to a 1/2 inch iron rod set for
corner;
THE[VC� Narth 00° 40' 25" East a distance of 221.31 feet to a 1/2 inch iron rod set for
corner;
TF�t�10E Narth 86° 19' 26" East a distance of 690.76 feet to a 1/2 inch iron rod set for
corner;
'I�iF'F� Sauth 00° 51' 25" West a distance of 150.90 feet to a 1/2 inch iron rod set for
corner;
THENCE North 80° 33' 27" East a distance of 177.87 feet to a 1/2 inch iron rod set in the
west line of aforementioned Chastan tract;
THENCE South 00° 51' 25" West along said c�st line a distance of 116.88 feet to the POINT
OF BI�7GINNING and COI�AINING 6.0567 acres or 263,831 square feet of land.
�...� .
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