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HomeMy WebLinkAboutORD 1984-076 ORDINANCE NO. 84-76 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREHETTSIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO K1�K7WN AS APPEDIDIX "D" OF THE CITY CODE OF GRAFEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRA�T OF LAND DESCRIBID AS BEING A ,��� IiOT, TRACT, OR PARCEL OF LAl�ID LYING AND BEING SIT[TATED IN TARRANI' COL7N'1'Y, TEXAS, BEING A PART OF THE A. F. I�ONARD SURV�'Y, ABSTRAC'T NO. 946, IN THE CITY OF GRAPE�TINE, 'I�',X�1.S, N1(JRE FUI,LY ADID �LE'I'ELY DESCRIBID IN THE BODY OF THIS ORDIN�II�TCE; ORDERING A QiANC� IN THE USE OF SAID PROPFR`i'Y FROM R-MF-1 MULTI-FAMILY I7WII�LING DISTRICT TO R-TH TOWNHOUSE DISTRICT; CORFtE7CI'ING THE OFFICIAL ZONING MAP; PRESERVING ALL O�R PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RII�P,TING TO SEVERABILITY; DEI�FttNIINING THAT THE PUBLIC INTERESTS, MORAIS AND GII�TERAL WEL�ARE DEMAND A ZOI�IING CHANGE AND AMIIVDMENT THEREIN MADE; PROVID- ING A PII�LTY NOT TO EXCEm THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALS� BE DEE�D CONIl�'IITl'ID UPON EACH DAY DUI2ING OR ON WHICH A VIOLATI(7DT OCCURS; AND DECLARING AN II��RGENCY W'I�S, applications were made to an�end the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Can[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 , requirenuents, conditions and prerequisites having been ccmtplied�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 camplied wi.th; and, Wf�RF�B, the City Council of the City of Grapevine, Texa.s, at a public hearing called by the City Council did consider the following factors in making a deternnination 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 in4nediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing ele�nents 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 imnediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street park�ng facilities, Iocation of ingress ar�l 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 pramotion of health an,d 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, �`� sewerage, schools, parks and other facilities; and, WHERE',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 follawing factors in making a deternti.nation 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 possi.bly present in the securing of safety fram same, the effect on the prc�notion of health and the general welfare, effect on adequate light and air, the effect on the overcrawdi.ng of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, HIf�RE1�S, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the vie�w to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, Wf�REAS, the City Council of the City of Grapevine, Te�s, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amench�nt, that the zoning changes do not unreasonably invade the rights of those who bought or im�roved �. property with reference to the classification which existed at the time their original investment was made; and, � WF�E�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 froqn fire, panic and other dangers; pramotes health and the general �lfare; provides adequate light and air; prevents the overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, se�aerage, schools, parks and other public requirements; and, Hif�RE1�S, 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 prcxnote the general health, safety, and welfare of this c�iity. NOW, Tf�'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF 'I'HE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the �'� Ccsnprehensive Zoning Ordinance of the City of Grapevine, Texa.s, same being also knawn 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 follaaing described "� property, to�ait: Being a tract of land out of the A. F. Leonard Survey, Abstract No. 946, in the City of Grapevine, Tarrant County, Texas, more fully and canpletely described in �hibits "A" & "B", attached hereto and made a part hereof, which was previously zoned "R-MF-1" Multi-Family Dwelling District is hereby changed to "R-TFi" Tawnhouse District, all in accordance with Comprehensive 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, Te,xas, 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 ccxnprehensive plan for the purpose of pranoting health, safety, m�rals and the general welfare of the �`�"� camnunity. They have been designed with respect to both present conditions and the conditions reasonably anticipated to e�ist in the foreseeable future, to lessen congestion in the streets; to secure safety fran fire, panic, flood arxl 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, draina.ge and surface water, parks and other public requixements, and to make adequate provisions for the nornial business, ccxm�rcial needs and develogn�ent of the camnunity. 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 throughaut the co�nanity. Section 5. This ordinance shall be cwnulative 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, th�e same shall not affect th�e 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 require�nents thereof, or who shall build or alter any building or use in violation of any detailed statement or plan suL-mitted and approved. hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not �re than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The awner or owners of any building or prani.ses, 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�tployed in connection therewith, and who may have assisted in the cca�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 earergency for the umtiediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall became effective fran and after the � date of its final passage, and it is accordingly so ordained. PASSID AND APPROVF,D by the City Council of the City of Grapevine, Texas on this the 30th day of October, 1984. APPROVID: �.. ..�.,� Mayor ATTFST: City Secretazy APPRC3VED AS TO FORM AND LEGALITY: ,�,,.,n�, �—�� _._.�---_... City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-76 LEGAL DESCRIPTION Being a 6 . 1502 acre tract of land in the A. F. Leonard Survey, Abstract No. 946 and being a portion of that certain tract of land as described in deed to G. H. Woolweaver as recorded in Volume 2132 , Page 12 of the Deed Records of Tarrant County, Texas and being Lots 2 , 4 , 5, 6 & 7 , Block 1 and Lots 1 , 2 , 3 & 4 , Block 2 of Cooks Subdivision, an addition to the City of Grapevine as recorded in Volume 388-H, Page 345 P.R.T.C.T. , and that portion � of Barton Street that was abandoned by the City of Grapevine as recorded in Volume 7769 , Page 1671 D.R.T.C.T. ; �,,, COMMENCING at a 3/4" iron pin found in the West right-of-way line of North Main Street (R.O.W. varies) , said 3/4" iron pin found be- ing the Northeast corner of Safeway Addition No. 4 , an addition to the City of Grapevirie as recorded in Volume 388-108 , Page 73 , P.R.T.C.T. , THENCE N 89° 55 ' 46" W along the North line of said Safeway Addition No. 4 a distance of 154 . 92 feet to a 5/8" iron pin set at the POINT OF BEGINNING of herein described tract of land; THENCE N 89° 55 ' 46" W continuing along said North line, 430. 32 feet to a 5/8" iron pin set at the Northwest corner of said Safe- way Addition No. 4 ; THENCE S 89° 15' 53" W at 87 .62 feet passing an iron pipe found at the Northeast corner of Grapevine Business Park, an addition to the City of Grapevine as recorded in Volume 388-168 , Page 98 P.R. T.C. T. and continuing in all 95. 82 feet to a 1/2" iron pin found at the Southeast corner of that certain tract of land as described in deed to Bob Gaskill as recorded in Volume 2319 , Page 406 D.R.T.C. T. ; THENCE N 00° 00 ' 11" E along the East line of said Gaskill tract, """�' 625.47 feet to a 1/2" iron pin found in the South line of Peach Street Addition, an addition to the City of Grapevine as recorded � in Volume 388-144 , Page 18 P.R.T.C.T. ; THENCE N 88° 35' 36" E along said South line at 100. 96 feet and 244 . 08 feet passing iron pins found and continuing in all 301 . 05 feet to a 5/8" iron pin set in the West line of that certain tract of land as described in deed to Jess Jordan, Izola Jordan, Tex Bell & Bettye Bell as recorded in Volume 6063 , Page 107 D.R.T.C.T. ; THENCE S 00° 16 ' 17" E along said West line and fence line, 134 . 35 feet to a 1/2" iron pin found at fence corner; THENCE S Ol° 07 ' 20" W, 199 . 98 feet to a 1/2" iron pin found; THENCE S 89° 50 ' 12" E along the North line of Block 1 of Cooks Subdivision, 233 . 61 feet to a 5/8" iron pin set at the Northeast corner of Lot 7, Block 1 of Cooks Subdivision; THENCE S 00° 59 ' S9" W, 74 . 72 feet to an iron pin found at the Northwest corner of Lot 2 of said Block l ; THENCE N 89° 47 ' 12" E, 150 . 59 feet to an iron pin found in the '`�' West right-of-way line of North Nlain Street; THENCE S Ol° 15' 21" 4V with said West right-of-way line, 75 . 06 �+ feet to an iron pin found at the Southeast corner of Lot 2 of said Block l ; THENCE N 89 ° 50 ' 31" W, 150 . 26 feet to an iron pin found at the Northeast corner of Lot 6 of said Block l ; THENCE S 00° 59 ' 59" W along the East line of Lots 5 and 4 of said Block 1 , 147 .31 feet to the POINT OF BEGINNING and containing 267, 905 square feet or 6 . 1502 acres of land. EXHIBIT "B" TO ORDINANCE NO. g4-76 LEGAL DESCRIPTION � Being a 7 .8543 acres tract of land in the A. F. Leonard Sur- vey, Abstract No. 946, situated in the City of Grapevine, Tarrant County, Texas and being those certain tracts of land �' as described in deed to William Lee Gaskill as recorded in Volume 2319 , Page 406 and Volume 4884 , Page 280 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at an iron rod found in the East right-of-way line of Scribner Street (50 ' R.O.W. ) said iron rod being the North- west corner of Lot l , Watson Addition, an addition to the City of Grapevine as recorded in Volume 288-9 , Page 55 P.R.T.C.T. ; THENCE N 00° 02 ' 22" W along said East right-of-way line, 126 . 86 feet to a 1/2" iron pin set at the POINT OF BEGINNING of herein described tract of land; THENCE N 00° 02 ' 22" W continuing along said East right-of-way line, 475. 05 feet to a 1/2" iron pin set at the Southwest cor- ner of that certain tract of land as described in deed to J. E. Lilly as recorded in Volume 4516 , Page 402 P.R.T.C.T. ; THENCE N 88° 40 ' 11" E along the South line of said Lilly tract and the South line of Peach Street Addition, an addition to the City of Grapevine as recorded in Volume 388-144 , Page �.,, 18 , P.R.T.C. T. , 595. 91 feet to a 1/2" iron pin found at fence corner at the Northwest corner of that certain tract of land as described in deed to G. H. Woolweaver as recorded in Volume �'""" 2123, Page 11 , D.R.T.C.T. ; THENCE S 00° 00 ' 11" W along the West line of said Woolweaver tract and the West line of Cooks Addition, an addition to the City of Grapevine as recorded in Volume 388-H, Page 345 P.R.T.C.T. , 625. 47 feet to a 1/2" iron pin set at a fence corner in the North line of Block 12 , Starr Addition, an addi- tion to the City of Grapevine; THENCE N 88° 58 ' 54" W along the North line, 414 . 00 feet to a 1/2" iron pin found at fence corner at the Northeast corner of said Lot 1 , Watson Addition; THENCE North, 128 . 16 feet to a 1/2" iron pin set; THENCE N 89° 39 ' 43" W, 181 .46 feet to the POINT OF BEGINNIDIG and containing 342, 133 square feet or 7.8543 acres of land. � �