HomeMy WebLinkAboutORD 1984-047 ORDINANCE NO. 84-47
AN ORDINANCE A1�'�NDING ORDINANCE N0. 70-10,
THE COMPREHIIVSIVE ZONING ORDINANCE OF Tf�
CITY OF C�E2APEVINE, TFXA.S, SAME BEING ALSO
KNOWN AS APPEI�TDIX "A" OF THE CITY CODE OF
('=RAPEVINE, TE�S, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEIlvTG A I,OT,
TRACT, OR PARCII, OF I,l�1�ID LYING AND BEING
SITUATID IN TARRI�NT COUN'I'Y, 'I�X�1S, BEING A
PART OF THE W. D. SHEPHERD SURVEY, ABSTRACT
N0. 1393, AND Tf� J. S. BYRD SURVEY,
ABSTRACT NO. 207, IN THE CITY OF GRAPEVINE,
TF�AS, MORE FUI�.Y AND COMPLETELY DESCRIBID
IN TI� BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN Tf� USE OF SAID PROPERTY FROM
"R-3" MULTI-FAMILY DWELLING DISTRICT AND
"C-2" COMMCTNITY BUSINESS DISTRICT UNDER
ORDINANCE NO. 70-10 TO "R-7.5" SINGL,E-FAMILY
DWEI�ING DISTRICT AND "R-3.5" 'I'WO-FAMILY
DWELLING DISTRICT UNDER ORDINANCE N0. 82-73;
CORRECTING Tf� OFFICIAL ZONING MAP; PRE-
SERVING ALL OTHEFt PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE REL�ATING TO
SEVERABILITY; DEI'ERMINING 'I'HAT TI� PUBLIC
IN'I�RESTS, MORAIS AND GENERAL WFJ�F'ARE DEMAND
A ZONING CHANGE AND AMIIVDMF�]'I' TI-iE12EIN MADE;
PROVIDING A PENALTY NOT TO EXCEm THE SUM OF
ONE THOUSAND DOLI�ARS ($1,000.00) AND A SEPA-
RATE OFFENSE SHAId� BE DEII"�D COMMITTID UPON
EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS; AND DECI,ARING AN II�iERGIIVCY
Wf�RF,AS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Commission 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 beer: canplied 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,
K�RE"l�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; safety of the motoring public and the pedestrians using the
facilities in the area urmlediately surrounding the site; safety fran fire
hazards and measures for fire control, protection of adjacent property from
flood or tirater 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 inmediate neighborhood, adequacy of parking as determined by
requisements 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 promotion of health and the general welfare, effect on light and
air, the effect on the overcrowriing of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
Wf�REAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Texa.s, 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 fran same, the effect on the prorriotion of health and the
general welfare, effect on adequate 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 public
facilities; and,
HIHEREAS, 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�REAS, 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 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 t�me their
original investment was made; and,
Hi�RE;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 from 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,
WI�REAS, the City Council of the City of Grat�evine, 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 promote the general
health, safety, and welfare of this community.
NOW, THERg�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Te�as, same being
also known 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 described
property, to-wit:
Being a tract of land out of the W. D. Shepherd Survey, Abstract No.
1393, and the J. S. Byrd Survey, Abstract No. 207, in the City of Grapevine,
Tarrant County, Texas, more fully and completely described in F�hibits "A" &
"B", attached hereto and made a part hereof, which was previously zoned "R-3"
Multi-Family Dwelling District and "C-2" Community Business District, in
accordance with Ordinance No. 70-10, is hereby changed to "R-7.5" Single-
Family Dwelling District and "R-3.5" Zt.vo-Family Dwelling District (as
delineated on the attached F�hibits) , all in accordance with Ccamprehensive
Zoning Ordinance No. 82-73, as amended. Further providing that the zoning of
the "R-7.5" Single-Family tract is subject to approval of a flood reclamation
plan by the City Staff and the City Council, or a consulting engineer of the
City's choice.
Section 2. All property heretofore developed for single-family
residential purposes by the construction of single-family, detached
structures, irrespective fo the zoning category, shall be de�ned conforming
and legal and not non-conforming.
Section 3. The City Manager is hereby clirected to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
zoning.
Section 4. That in all other respects the use of the tract or tracts 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, Texas.
Section 5. That the zoning regulations and districts as herein
established have been made in accordance with the camprehensive plan for the
purpose of pranoting health, safety, morals and the general welfare of the
ccx�nunity. 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 frcm fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrowcling 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
norma� business, commercial needs and develognent of the co�nunity. 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 comrnuzity.
Section 6. This ordinance shall be c�¢nulative of all other ordinances of
the City of Grapevine, Texas, affecting zoning and shall not repeal any of the
provisions of said ordinances �cept in those instances where provisions of
those ordinances which are in direct conflict with the provisions of this
ordinance.
Section 7. 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 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 comply 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 su}�nitted 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
pern�itted 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�nission 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 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, Texas, creates an emergency for the immediate 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 19th day of June, 1984.
APPROVED:
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Mayor
.-
ATrl�'.ST:
i Secretary
APPROVID AS TO FORM AND LEGALITY:
i7� / � )
�� l�
City Attorney
� . EXHIBIT "A" , PAG� 1
� TO ORDINANCE NO. 84-47
I.FY'3AT, DESCRIPTION
LIC�i'I'i�ER PROPER'1'Y
PARCEL NO. 121 SOUTH OF TIMBERLINE
ORDINAIQCE N0. 84-47 �
I
I �
�
R-7.5 PARCII,
Being a parcel located in the W.D. Shepherd Survey, ABSTRACT No. 1393,
and the J.S. Byrd Survey, ABS'I'RACT No. 207, Tarrant County, Texas, and
being more particularly described as follows:
Co�nencing at the point of intersection of the South R.O.W. line of
Timberline Drive and West R.O.W. line of S.H. 121;
TF�CE, South along the West R.O.W. line of S.H. 121 for a distance of
463.53 feet, more or less, to a point for corner;
THENNC�, S 89° 54' West a distance of 2051.5 feet, more or less, to a
i point in the Centerli.ne of proposed Heritage Avenue, said point also being
( the TRUE POINT OF BEGINNING;
Tf�IVCE, West, a distance of 45 feet, more or less, to a point on the
West line of the said W.D. Shepherd Survey, said point also being located
S 0° 0' 07" West a distance of 1106.55 feet fram the N.W. corner of said
survey;
THENCE, South along said survey line a distance of 1,190 feet, more or
less, to the Centerline of Big Bear Creek;
'I'HENCE, Northwesterly, meandering along the Centerline of Big Bear
Creek to a point being the Southeast corner of Tract A, Creek�v�od West
Addition to the City of Grapevine;
T��TC�, N 00° 02'E a distance of 180.0 feet, more or less to a point,
��' said point being the S.W. corner of Creekwood Estates Addition to the City
� of Grapevine;
:___l
Tf-I�,NCE, Easterly with the boundary line of said Creekwood Estates
Addition, to a point being the Southeasternmost corner of Lot 25, Block 1
of said addition;
Tf�TCE, Westerly along the North line of said addition to a point, in
the North line of Lot 11, Block 1 of said addition, saicl point being
• - EXHIBIT "A" , PAGE 2
' TO ORDINANCE NO. 84-47
located 19.6 feet South and East of the Northwesternmost corner of said 7At
11, said point also being the Southeast corner of the �tain Creek Cove
Addition to the City of Grapevine;
T��10E, Northwesterly along the West line of said Twin Creek Cove
Addition to the South R.O.W. line of Timberline Dr.;
Tf�TC�, Southeasterly along the South line of said Timberline Dr. a
distance of 2,480 feet, more or less, to a point, said point being in the
Centerline of proposed Heritage Avenue, said point also being located West
310 feet, more or less fran the West line of the W.D. Shepherd Survey;
Z�C�, S 08° O1'W, along the Centerline of proposed Heritage Ave., a
distance of 31.21 feet, more or less, said point being the beginning of a
curve to the right of radius 800 feet;
'I'f�TCE, along said curve to the right, a distance of 292.98 feet, more
or less, the long chord of said 292.98 foot arc is S 18° 30' 30"W, 291.35
feet, said curve also being the Centerline of said proposed Heritage Ave. ;
Z�ICE, S 29°W 32.11 feet, more or less along said proposed
Centerline, to a point, said point also being the beginning of a curve to
the left, having a radius of 800 feet;
Tf�CE, along said curve to the left, a distance of 297.67 feet, more
or less, the long chord of said 297.67 foot arc is S 10° 39' 41"W, 295.95
feet, to the TRUE POINT OF BEGINNING.
Prepared frcan City Maps, Field Notes and Maps supplied by the land owner.
.R. Bad3aker, P.E.
Direc-�or of Public Works
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, ' EXHIBIT "B" TO
ORDINANCE NO. 84-47
T,FY'3AT, DESCRIPTION
LIGH'INER PROPEKI'Y
PAR� NO. 121 SOUTfi OF TIMBERLINE
ORDINANCE NO. 84-47
�
R-3.5 PAR(�
Being a tract of land, located in the W.D. Shepherd Survey, ABSTRAGT
No. 1393, Tarrant County, Te�s, and being more particularly descr�hed as
follows:
Beginning at a point in the South R.O.W. line of Timberline Dr. , said
point being Westerly a distance of 359.65 feet more or less fran the
intersection of the South R.O.W. line of Timberline Dr. and the West R.O.W.
line of S.H. 121 along T�mberline Drive;
'I��TCE, South a distance of 452.70 feet, more or less, to a point;
Tf�TCE, S 89° 54' 20" West a distance of 1804.27 feet more or less to
a point in the Centerli.ne of proposed Heritage Ave., said point being the
beginning of a curve to the right having a radius of 800 feet;
'T'F�CE, along said curve to the right a distance of 297.67 feet to a
point, the long chord of said 297.67 foot curve is N 10° 39' 41"E, a
distance of 295.95 feet;
TI�C1C�, N 29°E 32.11 feet to the beginning of a curve to the left
having a radius of 800 feet;
Tf�TCE, along said curve to left a distance of 292.98 feet, the long
chord of said curve is N 18° 30' 30"E 291.35 feet;
Tf�III�TCE, N 8° O1'E 31.21 feet to a point in the South R.O.W. line of
Timberline Dr. ;
Z�TCE, Easterly along the South R.O.W, line of T�mberline Dr., a
� distance of 1348.75 feet, more or less, to the TRUE POINT OF BEGINIVING.
Canpil�d fr�n City Maps, Field Notes and maps suLmitted by land owner.
J.R. Baddaker, P.E.
Di.re�r of_Public Works
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