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HomeMy WebLinkAboutORD 1984-040 ORDINANCE NO. 84-40 AN ORDINANCE ANIENDING ORDINANCE NO. 70-10, Tf� COMPREHII�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN1E BEING ALSO KNC7WN AS APPIIQDIX "A" OF 7� CITY CODE OF �PEVINE, TEXAS, C�ANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A IpT, TRACT, OR PARCEL OF I�ND LYING AND BEING SIT[TATED IN TARF2AN'T COUN'I'Y, TEXAS, BEING A PART OF THE J. R. DOSS SURVEY, ABSTRACT NO. 440, IN THE CITY OF GRAPE- VIl�IE, TEXAS, MORE F'ULLY AND COMPLErl'ELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN TI� USE OF SAID PR�J- PERTY FROM "C-2" COMMLTNITY BUSINESS DIS- TRICT AND "I-1" LIGHT Ir1DUSTRIAL DISTRICT UNDER ORDINANCE NO. 70-10 TO "CC" COMMUNITY CONIMEEtCIAL DISTRICT, "R-7.5" SINQ,E-FAMILY DWELLING DISTRICT, "R-MF-2" MULTI-FAMILY DV�LING DISTRICT, "HCO" HCII'EL/CORPORATE OFFIC� DISTRICT, AND "CN" NEIGHBORHOOD COM- MII�CIAL DISTRICT ALL UNDER ORDINANCE NO. 82-73; CORR�TING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF 'I'f� ZONING ORDINANCE; PROVIDING A CLAUSE REL��TING TO SE'�7EE2ABILITY; DErERMINING THAT TE-� PUBLIC INTERESTS, MORALS AND GE,TTII�L WELFARE DEMAI�ID A ZONING CFiANGE AND AN�1D- N�r THEREIN MADE; PROVIDING A PE[�1ALTY NOT TO ExCEID THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFP'II�1SE SHAI�L BE D��D COMMI2�'ID UPON EACH DAY DURING OR ON WfiICH A VIOLATION OCCURS; AND DECI�ARING AN II��ERGENCY H�, 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 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, tifI�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 determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in fhe area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing el�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 i�anediate neighborhood, adequacy of parking as detennined 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 control dust, effect on the pr�tion 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 effeet on the transportation, water, sewerage, schools, parks and other facilities; and, WFIEREAS, 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 following 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 from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrow�ling of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, WHEREAS, 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�ItEAS, the City Council of the City of Grapevi.ne, 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 amendment, 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, Wf�E',AS, 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 frcxn fire, ganic 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 requisements; and, WHEREAS, 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 cenditions 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 neecled, is called for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Te;�as, and helps pr�te the general health, safety, and w�lfare of this can4manity. NOW, TfiERg'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF � CITY OF GRAPE�7INE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also l�awn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the following descri.bed property, to-wit: Being a tract of land out of the J. R. Doss Survey, Abstract No. 440, in the City of Grapevine, Tarrant Ccunty, Texas, more fully and cc7mpletely described in E�hibits "A" and "B", attached hereto and made a part hereof, which was previously zoned "C-2" Camnunity Business District and "I-1" Light Industrial District in accordance with Ordinance No. 70-10 is hereby changed to "CC" C�nunity Co�anercial District, "R-7.5" Single-Family Dwelling Dis- trict, "R-ME'-2" Multi-Family Dwfelling District, "HCO" Hotel/Corporate Office District, and "CN" Neighborhood Con4nercial District, as delineated in F�hi.bits attached, all in accordance with Camprehensive Zoni.ng Ordinance No. 82-73, as am�ended. Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached stnzctures, irrespective of the zoning category, shall be deemed conforming and legal and not non-conforming. Section 3. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Te�s, to reflect the herein change in zoning. Section 4. That in all other respects the use of the tract or txacts of land herein above descri.bed 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, Te.xas. Section 5. That the zoning regulations and districts as herein established have been made in accordance with the camprehensive plan for the purpose of prompting health, safety, morals and the general welfare of the ccanmunity. 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 provisions for the nornlal business, ca��ercial 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 encouraging the most appropriate use of land throughout the canm�unity. Section 6. This ordinance shall be cumulative of all other ordinances of the City of Grapevine, Te�.s, 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 7. That the teYms 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 8. 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 stateqnent or plan su�mitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not mpre 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 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 e�nployed in connection therewith, and who may have assisted in the cammission 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 pawer to enforce the provisions of this ordinance through civil court action as provided by state law. Section 9. 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, Te.has, creates an emergency for the inanediate 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 APPROVED by the City Council of the City of Grapevine, Texas on this the 14th day of June, 1984. APPROVID: �� � � Mayor � ATTEST: �=l fl�il.t l �(,�/V�/1/�� City Secretary APPROVID AS TO FORM AND LEGALITY: City Attorney � � EXHIBIT "A" , PAGE 1 TO ORDINANCE NO. 84-40 PARCEL NO. 130A TRACT NO. 1 � "CC" CONIMUNITv COMMERCE BEGINNING at a Texas Highway Department monument in the north right-of-way of Glade Road; THENCE, N 47 degrees 35 ' O1" W, along corner clip, a distance of 224 . 99 feet to a point; said point being in the east right-of-way of State Hiahway 121 and being a Texas Highway Department monument; THENCE, N 02 degrees 14 ' 00" N, along the east right-of-way of State Highway 121 , a distance of 1030 feet to a point; THENCE, N 87 degrees 07 ' 07" E, a distance of 885 feet to a point; � THENCE, Southward along the west line of the T. P. & L. transmission tower easement, a distance of 925 feet, more or less , to a point; THENCE, S 87 degrees 07 ' 07" W. along the north right-of-way of Glade Road, a distance of 785 feet more or less to the POINT OF BEGINNING in the John R.Doss Survey, Abstract No. 440, Tract � . � EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 84-40 PARCEL NO. 130A TRACT NO. 2 R7. 5 - SINGLE FAMILY RESIDENCE CObiMENCING at a Texas Highway Department monument in the north right-of-way of Glade Road; THENCE, North 87 degrees 07 ' 07" E, along the north right-of-way of Glade Road, a distance of 785 ' to the POINT OF BEGINNING: THENCE, Northward along the west line of the T. P. & L. transmission tower easement a distance of 2555 feet to a point in the south right-of-way line of Hughes Rd. THENCE, N 87 degrees 32 ' 23" E along the south right-of-way of Hughes Road, a distance of 1270 feet; , THENCE, S 03 degrees 11 ' 26" E, along the east line of said tract, a distance of 2780 . 41 feet; THENCE, S 87 degrees 07 ' 07" W, a distance of 1390 , said point being in the north right-of-way of Glade Road to the POINT OF BEGINNING. � � EXHIBIT "A" , PAGE 3 TO ORDINANCE NO. 84-40 PARCEL NO. 130A TRACT NO. 3 � "RMF-2" Multiple Family Residential COMMENCING at a corner of the east right-of-way of State Highway 121 and the south right-of-way of Hughes Road; THENCE, N 87 degrees 32 ' 23" E, along the south right-of-way of Hughes Road, a distance of 639 . 68 ' to a point, said point being the POINT OF BEGINNING: BEGINNING at said point in the south right-of-way of Hughes Road; THENCE N 87 degrees 32 ' 23" E, along the south right-of-way line of Hughes Road, a distance of 375 ' to a point: THENCE, Southwesterly and southward along the west line of the T. P. &L, transmission tower easement, a distance of 1630 feet to a point; THENCE, S 87 degrees 07 ' 07" W, a distance of 370 feet to a point; THENCE, Northward a distance of 490 feet along a line situated parallel to and west of the centerline of the T. P. & �� L. transmission tower easement; THENCE Northeasterly a distance of 1140 feet along a line � situated parallel to and west of the centerline of the T. P. & L. transmission tower easement to the POINT OF BEGINNING. � � � 3 3 � EXHIBIT "A" , PAGE 4 TO ORDID?ANCE NO. 84-40 PARCEL NO�. 130A TRACT NO. 4 CONTAINING 16.21 ACRES - "HCO" HOTEL AND CORPORATE OFFICE �� � � COMA4ENCING at a corner .of the east right-of-way of State _ Highway 121 and the south right-of-way of Hughes Road; THENCE, S 02 degrees 14 ' 00" E, a distance of 270 feet to a point in the east right-of-way of State Highway 121 , said point being the POINT OF BEGINNING: BEGINNING at said point in the east right-oi-way of State Highway 121 ; THENCE, N 87 degrees 32 ' 23" E, a distance of 615 feet to a point; THENCE, Southwesterly and Southward a distance of ..1355 feet along a line parallel and west of the T. P, & L. transmission tower easement to a point; THENCE, S 87 degrees 07 ' 07" W, a distance of 515 feet to a point, said point being in the east right-of-way of State Highway 121; THENCE, N 02 degrees 14 ' 00" W, a distance of 1337 . 41 feet along the east right-of-way of State Highway 121 to the POINT OF � BEGINNING and containing 16 . 21 acres of land in the John R. Doss � Survey, Abstract 440 , Tract 4 . , � > i EXHIBIT "A" , PAGE 5 TO ORDINANCE N0. 84-40 PARCEL N0. 130A TRACT N0. 5 CONTINAING 3.94 ACRES - PROPOSED "CN" NEIGHBORHOOD COMMERCIAL �� BEGINNING at a point at the corner of east right-of-way of State = Highway 121 and the south right-of-way of Hughes Road; THENCE, N 87° 32' 23" E, along the south right-of-way of Hughes Road, a distance of 639.68 feet to a point; THENCE, Southwesterly a distance of 275 feet along a line parallel and west of the centerline of the T.P.&L. transmission tower easement to a point; THENCE, S 87° 32' 23" W, a distance of 615 feet to a point, said point being in the east right-of-way of State Highway 121; THENCE, N 02° 14' 00" W, along the east right-of-way of State Highway 121, a distance of 270 feet to the POINT OF BEGINNING and containing 3.94 acres of land in the John R. Doss Survey, Abstract 440, Tract 4. ' � � £ � 5/7/84 � C&B No. 8431201 . , ;