HomeMy WebLinkAboutORD 1985-003 OEtDIN�1NCE NO. 8 5-0 3
AN ORDINP�TCE ANIENDING ORDINANCE NO. 82-73,
THE COMPRE�-�tSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO
KNOWN AS APPENDIX "D" OF 'I'HE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANC�
ON A TRACT OF LAND DESCRIBID AS BEING A
+� IiOT, TRAC'I', OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARRANT COUNTY, 'I�XA.S,
BEING A PART OF TI� W. D. SI�PHERD SURVEY,
� ABSTRACT NO. 1393, IN 'THE CITY OF GRAPE-
VIlJE, '1'EX�, MORE FUI,LY AND CAMPI�t�.ZY
DESCRIBID IN TF� BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID
PR�PERTY FROM "R-3.5" Z'4V0-FAMILY DWE�ZING
DISTRICT TO "CC" CONIl�lUNITY CONIMERCIAL
ZONING DISTRICT AND "PO" PROFESSIONAL
OFFICE ZONING DISTRICT; CORRECTING THE
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINArK'.E; PR0�7IDING
A CLAUSE REL�ATING TO SEVERABILIZY; DETER-
MINING THAT THE PUBLIC INTERESTS, MORAL.S
AND GENERAL WELFARE DEMAND A ZONING CfiANGE
AND AN�IDMENT THEREIN MADE; P1�TIDING A
PF�IALTY NOT TO EXCE� THE SUM OF ONE
THOUSAND DOLLARS ($1,000.00) AI�ID A SEPARATE
OFFENSE SHF,IZ BE DEIIKED COMMITTID UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
AND DECI,ARING AN II�RGENCY
Wf�RE',AS, applications were made to amend the Official Zoning Map, City of
"'"�' Grapevine, Texas, by making applications for same with the Planning & Zoning
Comnission of the City of Grapevine, Texas, as required by State statutes and
,,y�,,, 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, Texas, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
TnIF�REA.S, 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; safe-ty of the motoring public and the pedestrians using the
facilities in the area i�anediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property fram
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 e�ected to be generated by the proposed use around the
site and in the immediate neighborhood, adequacy of parking as determined by
requir�uents of this ordinance for off-str�t 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 pranotion 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,
s�aerage, schools, parks and other facilities; and,
�
Wf�,'I�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Te�s, did
consider the following factors in making a determination as tc� 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 sain�e, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrowding of the larid, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
H�, the City Council further considered among other things the
character of the district and its peculiar suitability for particular uses arid
with the view to conserve the value of buildings, encourage the most
appropriate use of land throughout this city; and,
V��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 demands it,
that the public interest clearly requires the a�nendment, 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,
�,, HIE�REAS, 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; pronwtes 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
requixements; and,
WI�RF�l�B, 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 prom�te the general
health, safety, and welfare of this cammunity.
NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
'°�'� Ccmprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lmown as Append� "D" of the City Code of Grapevine, Texas, be, and the
�,,,,,, same is hereby at�nded and changed in that the use of the following described
property, to wit:
Being a tract of land out of the W. D. Shepherd Survey, Abstract
No. 1393, in the City of Grapevine, Tarrant County, Texas, more fully and ccan-
pletely described in �hibit "A", attached hereto and made a part hereof,
which was previously zoned "R-3.5" �vo-Family Dwelling District is hereby
changed to "CC" Canmunity Co��ercial Zoning District and "PO" Professional
Office Zoning District (as delineated in Exhibit "A") , 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, 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 Grapevi.ne 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 camprehensive plan for the
purpose of pr�ting health, safety, morals and the general welfare of the
carmunity. 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 fresn fire, panic, flood
and other dangers; provide adequate Iight 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 develo�anent of the con�rnxnity. 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 community.
Section 5. This ordinance shall be ctunulative 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
deeqned 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 ccxnply 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 suYiclitted 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 cc�nnission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herei.n
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 inadequa.te to properly safeguard the health,
safety, mr�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the i�ediate 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 fina.l passage, and it is accordingly so ordained.
,,,�,,, PASSID AND APPRfJVED by the City Council of the City of Grapevine, Texas
on this the 15th day of January, 1985.
APPEtOVID:
�
Mayor
ATTEST:
Ci y Secretary
APPROVID AS TO FORM AND LEGALITY:
iir�rr �
City Attorney "--�"
EXHIBIT "A" , PAGE 1
ORDINANCE NO. 85-03
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EXHIBIT "A" , PAGE 2
E � TO ORDINANCE NO. 85-03
REVISID
T,F.(',AT, DESC�ZIPTION
OF2DINANCE NO. 85-03
��
PORTION OF TRACT �T OF �� �T OF HERITAC�F
�:,,;
ZONED "CC" CONJMLTNITY CONIl�'�RCIAL
C�anencing at the point of intersection of the South right-of-way line
Timberline Drive and West right-of-way Highway 121;
Tf�TCE, West along South right-of-way Tunberline Drive for a distance
627.65 feet, more or less, to the POINT OF BEGINNING;
T�, S 41° 08' 31"W for a distance 302.0 feet, more or less, to a
point for a corner;
Tf��10E, South 0°W for a distance 239.56 feet, more or less, to a point
for a corner;
�:..�
�� Z�tCE, S 89° 54' 20"W for a distance 415 feet, more or less, to the
Centerline of an unnamed creek, Tri.butary to Big Bear Creek;
Tf�NC�, North with the meanders of the Centerline of the creek to the
South right-of-way of Timb�rline Drive, for a distance of 725 feet, more or
less, to a point for a corner;
Tf�CE, East along South right-of-way of Timberline Drive for a
distance of 660 feet, more or less, to the POINT OF BEGINNING.
Compiled fran City Base Maps and owner supplied Legal Descriptions.
�.�
.
.R. Baddaker, P.E.
Director of Public Works
lp `� � ' ��v
, EXHIBIT "A" , PAGE 3
- � ' TO ORDINANCE NO. 85-03
REVISID
T,F.C',AT, DESCRIPTION
ORDINANCE 1�. 85-03
PORTION OF TRACT 4J�� OF CREEIC
�a.
ZONED "PO" PROFESSIONAL OFFICE
� C�anencing at the point of intersection of the South right-of-way line
of Timberline Drive and West right-of-way line of Highway 121;
Tf�NCE, South along West right-of-way line of Highway 121 for a
distance of 463.53 feet, more or less, to a point for a corner;
Tt�, S 89° 54' West a distance of 1151.5 feet, more or less, to the
POINT OF BEGINNING and Centerline of an unnamed creek, Tributary to Big
Bear Creek;
'I'F�TCE, S 89° 54' West a distance of 900 feet, more or less, to a
point for a corner and the Centerline of proposed Heritage Avenue;
Tf�1C�, Northerly along the said Centerline of proposed Heritage
Avenue as follavs:
.�. .,
�� Along curve to the right having a radius of 800 feet an arc length of
297.67 feet, the long chord of said 297.67 feet arc is N 10° 39' 41"E;
N 29° E 32.11 feet to the beginning of a curve to the left having a
radius of 800 feet;
Along said curve to the left an arc length of 292.98 feet to its end,
the long chord of said 292.98 feet arc is N 18° 30' 30"E 291.35 feet;
North 8° O1' 31.21 feet to a point for a corner, in the South
right-of-way line of Timberline Drive;
THETTC'„E, Easterly along the South right-of-way line of Timberline Drive
for a distance 660 feet, more or less, to a point for a corner and
�
Centerline of said unnamed creek;
'I�10E, Southerly with the meanders of the Centerline of said creek
for a distance 725 feet, more or less, to the POINT OF BEGINNING.
Canpiled fran City Base Maps and awner supplied Legal Descriptions.
.R. Baddaker, P.E.
Director of Public Works
G o 6 - ��