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HomeMy WebLinkAboutORD 1984-032 OP,DINANCE NO. 84-32 AN ORDINANGE ANIELVDING ORDINANC,E NO. 82-73, Tf� COMPREf�ISIVE ZONING ORDINANCE OF TfiE CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KIVOWN AS APPENDIX "D" OF Z'I-� CITY CODE OF GRAPEVINE, TEXAS, AND AMII�IDING ORDINANCE NO. 70-10, SAME BEING ALSO KNOWN AS APPII�DIX "A" OF THE CITY CODE OF TI� CITY OF GRAPEVINE, TEXAS, GRANTING VARIOUS ZONING CHANGFS ON PARCELS OF LAND, DESCRIBID BY METES AND BOUNDS DESCRIPTIONS IN THE BODY OF THIS ORDINANCE, SITUATID IN THE CITY OF GRAPEVINE, TP,RRANT COUNTY, TEXAS; ORDERING CHANGES IN THE USES OF SAID PROPERTIES TO VARIOUS USES AUTHORIZID AND PERMIT.I'ED UNDER COMPREEIEL�TSIVE ZONING ORDINANCE NO. 82-73; CORRECTING Tf-� OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DErER- MINING THAT THE PUBLIC ID]'1�RESTS, MURAIS AND GENERAL WELFARE DE�IAND A ZONING CHANGE AND AN�NDMEN'r 'I'�iIItEIN MADE; PROVIDING A PE[�t1�LTY NOT TO E�CEID Tf� SUM OF ONE THOUSAND DOLT�RS ($1,000.00) AND A SEPARATE OFFEDISE SHALL BE DEEP�D CODM�iITTID UPON EACH DAY DURING OR ON L�hIICH A VIOLATION OCCURS; AND DECLARING AN II�RC�ICY Vi�, applications were made to �nend 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 ordinan�es 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, Wf�REAS, 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 deternnination as to whether these requested changes should be granted or denied; safety of the mptoring public and the pedestrians using the facilities in the area i�diately surrounding the site; safety fram fire hazards and measures for fire control, protection of adjacent property from flocd 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 �n�nediate neighl�orhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress ancl 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 promotion 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, sewerage, schools, parks and other facilities; and, -- HIHEREAS, 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 tY� following factors in making a detennination 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 fram same, the effect on the pranotion of health and the general welfare, effect on adequate light and air, the effect on the overcro`ading of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, H1f�RE�S, 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, H�, 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 �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 invest�ent was made; and, HI�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 fram fire, panic and other dangers; pramotes 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�RE',AS, the City Council of the City of Grapevine, Texas, has detern�ined that there is a necessity and need for this change in zoning and has also found and determ.ined 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 pramote the general health, safety, and welfare of this cammunity. NOW, THER�'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance Nos. 70-10 and 82-73, being the Canprehensive Zoning Ordinances of the City of Grapevine, Texas, same being also lmawn as Appendixes "A" and "D" respectively of the City Code of Grapevine, Texas, be, and the same are hereby amended and changed in that the use of the following described parcels of land, the legal descriptions of which parcels are attached hereto and made a part hereof by this reference, be, and it is hereby reclassified as follows: PARCEL NO. FROM � A) 94 I-1 CC B) 95 I-1 & R-1 CC C) 30A R-2 CC D) 30B C-2 & CC CC Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached stxuctures, irrespective of the zoning category, shall be deemed conforming and legal and not non-conforn�ing. Section 3. All Specific Use permits or Site Plan District zonings that have heretofore been approved for the public storage, sale, and consumption of alcoholic beverages within the legal descriptions contained in this ordinance are hereby declared to be continuing legal and valid whether already in operation or not. Section 4. 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 5. That in all other respects the use of the tract or tracts of land herei.n 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 6. That the zoning regulations and districts as herein established have been made in accordance with the c�rehensive plan for the purpose of promoting health, safety, morals and the general welfare of the ccxYanunity. 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 frcan fire, 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, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate pravisions for the normal business, conunercial needs and development of the cammunity. 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 encouragir�g the most appropriate use of land throughout the cammunity. Section 7. This ordinance shall be c�nalative of all other ordinances of the City of Grapevine, Texas, affecting zoning and sha1.1 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. Sec-tion 8. 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 same shall not affect the validity of the zoni.ng of the balance of the tract or tracts of land described herein. Section 9. That any person or cozporation 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 staterc�nt or plan suk�iitted and approved hereur,der, 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 pernnitted 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 cozporation employed in connection therewith, and who may have assisted in the con�anission 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 10. 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 en�rgency for the urunediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become etfective 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 7th day of June, 1984. APPRWID: _ �.���.�- Mayor ATTEST: Cit Secretary APPRCJVID AS TO FORM AND LEGALITY: r City Attorney Parcel 94 - "CC" Community Commercial District Part of the J . F3 . Fay Survev , abstract No . 530 , situated in the City o � Grapevine in Tarrant County , Texas ; and emhracing a portion of the '�' ? 1 -055! 1000 acres tract described in the deed to James F . Mason , � Trustee recorded =�� volume 539u , paqe a11 0 � the Tarrant County �Jee�+ � Records . Beginninq at a 3/4" iron for the southeast corner of the 0-233/1000 of an acre tract described in the deed to State of Texas recorded in volume 667 ?_ , page 362 of the said Deed Records , for the east line of ��Jm . D . Tate Boulevard ( F . ht . Highway 157 ) , in the south line of said 21 -055/1000 acres tract . Thence north 35 degrees- 29 minutes east , along the east line of said 0-233/1000 of an acre State of Texas tract , to and along a so�th line of the 2-779/1000 acres tract described in the deed to State of Texas recorded in volume 5351 , page 101 oF the said Deed Records , 789-63/100 feet to a 1 /2" iron . Thence northerly and easterly along the said south line of 2-779/1000 acres tract for the east line of said 4Jm . D. Tate Boulevard and south line of State of Highv+ay No . 114 : north 40 degrees-38 minutes-58 seconds east , 302-19/100 feet to a reentrant corner of said 2-779/1000 acres tract from which a 3/4" iron bears south 85 deqrees-33 minutes east 3 feet ; � south 85 dectrees-33 minutes east 65-92/100 feet to a 3/4" iron ; along a c�rve to the left having a radius of 2894-79/100 feet , an arc length of 428-44/100 feet to a 3/4" iron at its end , the long chord of said 428-44/100 feet arc is south 61 deorees- 54 minutes-28 seconds east 428-OS/100 feet ; south 66 degrees-10 minutes-06 seconds east 276-37/100 feet to a 1/2" iron for the easterly southeast corner of said 2-779/ 100� acres tract in the east line of said 21 -055/1000 acres tract . Thence south no degrees-57 minutes- 54 seconds west , along the said east line of 21 -055/1000 acres tract , 26�-7!? fl f:.et to a 5/8" iron for the northeast corner of the 2-271 /1000 acres �es�: ibed in the deed to State of Texas recorded in volume 5351 , paqr 11 of the said Deed Records . Thence southwesterly alonq the northwesterly line of said �- � iii � ��� acres tract along a �17� 86�,°� ��hfeeef tonav5/B„airo�n1for�the0southWe00 � feet an arc length of 7 co :ner of said 2-2act � �the longschordc of lsa d 717�86/1001 feet farca is � 21 -055/1000 acres tr , south 65 dearees-!'7 min�tes-21 seconds west 717-27/100 feet . Thence north �39 deqrees- 55 minutes-31 seconds west , along the said south line of 21 -055/100C acres tract 692-79/100 feet to the place of beainning and containinq 15-�79/1000 acres . � Parcel 95, Tract 1 - "CC" Community Commercial District Part of the A. Foster Survey, Abstract No. 518, situated southwest of Grapevine in tt�e northeast part of Tarrant County, Texas; and embcacing portions of the tracts dcscribed in the dee�s to Archie B. Scott, Trustee� recorded in volume 6122, page 251 and volume 6122, page 254 of the Tarrant County Deed Records; • Be�inning at a concrete monument marked "Dallas-Fort ,jYorth Regional Airport", "h4onument No. 47-E", etc.; for the southeast corner of the said Scott 'It�act recorded in volume 6122, page 251 of the said Deed Records; and being� by deed ca1l, situated - e�st 1321-5/10 feet and then north ?3Z-5/10 feet from the southwest corner of the said A. Foster Survey; Thence north 41 oegrees-11 minutes v�.�est, along the soLthl�:esterly line of the said Scott 'I�acts and the northeast line of said Airport Tract 1384-70/100 feet to a concrete monument mnrked "Dallas-Fort titi'orth Regional Airport", "1�Ionument No. 48" in the southerly line of the right of way described in the deed to the State of ?exas recoroed in volume 3528, page 503 of the said Deed Records, for the northwest corner of the Scott 'Iract recorded in volume 6I22� page 254 of the said Deed P.ecords; Thence northeasterly 81ong the said Hightivay right of way and northerly Iine of said Scott Tract and to and along the south line of right of way described in the deed - to the State of Texas recorded in volume 6741, page I507 of- the said Deed Records: along a curve to the right having a radius of 1828-86/100 feet an arc length of 291-81/100 feet to a I" i�!�n rod at its end, the long chord of said 291- 81/100 feet arc is north 75 degrees-49-I/2 minutes east 291-5/10 feet; north 83 oea ees-04-1/2 minutes east 268-1/10 feet to a 1^ iron rod; south 75 aeorees-25 minutes-04 seconds east 76-4?/100 feet to a 3/4" iron rod with a 1" iron rod on its north side at tt►e beginning of a curve to the right having a radius of Z6i-71/100 feet; elong said curve to the ribht an arc length of 274-98/100 feet to a 3/4" iron rod �ti�ith a 1" iron rod on its north side at its end, and the beginning of a curve to the left having a radius of 649-96/100 feet, ihe long chord of said 274- 95/100 feet arc is south 46 de�rees-58 minutes-35 seconds east 263-OS/I00 feet; - alon� said curve to the left an arc lenath of 206-86/100 feet to a 1" iron rod in the east line of the ssid Scott 'IYact recorded in volume 6122, page 251 of the said Deed Records, the Iong chord of said 206-66/100 feet arc is south 26 � degrees-SO minutes-33 seconds enst 205-79/100 feet; � Tt�ence south no de�r�es-17 minutes er�st, 81ong ssid eest :ine of Scott 'I�act. ?63- �- S/10 feet to the place of t��oinnin�, and containing 11-495/lOCO acces. Parcel 95, Tract 2 - "CC" Community Commercial District Being a parcel of land located in the Ambrose Foster Survey, Abstract No. 518 , in the City of Grapevine, Tarrant County, Texas, said parcel being a part of a tract conveyed by deed to Nancy Ellen Holmes et al and recorded in Volume 4713 , Page 861 , Tarrant County Deed Records, being more particularly described as follows: Beginning at a steel rod located on the southerly right-of-way line of State Highway 114 , said point being the southeast corner of a 4 . 084 acre tract recorded in Vol- ume 6618 , Page 313 , Tarrant County Deed Records; THENCE S 00° 33 ' W, 145. 69 feet to a steel rod for corner; THENCE N 87° 42 ' W, 695. 6 feet to a concrete monument located on an easterly line of DFW Airport; THENCE N 41° 10 ' W along said easterly line 935 . 3 feet to a concrete monument for corner located in the east fence line of the Archie B. Scott tract; THENCE N 00° 15 ' W along said Scott ' s fence line 764 feet to a steel rod located on the southerly line of State Highway 114 , said point being the southwest corner of afore- said 4 . 084 acres; THENCE southeasterly along said right-of-way and the southerly line of said 4, 084 acres the following: Along a curve to the left, having a radius of 649 . 96 feet, 99 . 79 feet to a steel rod, the end of said curve; S 44° 29 ' E, 1785. 73 feet to the place of beginning and containing 18 . 950 acres of land. 3 � 7 � Parcel 30A - "CC" Community Commercial District Being a parcel or tract of land located in the City of Grapevine, Tarrant County, Texas, more particularly described as follows : BEING all of Lots 1 & 2 , Block 8 , of the W. C. Lucas Addition, excepting the south 85 feet of said Lots, as shown in Tarrant County Deed Records, Tarrant County, Texas. , 3 � � - Parcel 30B - "CC" Community Commercial District BEING a parcel or tract of land located in the City of Grapevine , Tarrant County, Texas, more particularly de- scribed as follows: BEING all of Lots lA and 1B and Lot 2, Block 2, and Tract 1 of Lot 3, Block 2, of the W. C. Lucas Addition, according to plat recorded in Volume 388-30, Paae 606 , Tarrant County Deed Record, Tarrant County, Texas. t � , ! �_-