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HomeMy WebLinkAboutORD 1984-026 ORDINANCC� NO. 84-26 AN ORDINANCE ANNlENNDING ORDINANCE NO. 82-73, � COMPREHII�tSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, T�1S� SANIE BEING ALSO KNOWN AS APPIIVDIX "D" OF 'I'HE CITY CODE OF GRApEVINE, TE�S, GRANI'ING A ZONING Cf�ANGE ON A TRACT OF L1�ND DESCRIBID AS BEING A � I�7r, TRACT, OR PARCEL OF I�ND LYING AND BEING SITUATID IN TARRANI' COUNTY, TEXAS, BEING A PART OF Tf� G. G. STARR SURVEY, ABSTRACT N0. 1466 AND THE E. COX SLTRVEY, ABSTRACT NO. 352, IN Tf� CITY OF GRAPEVINE, TEX1�S, MORE FULLY AND COMPL�.�I'EL,Y DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COl��N1ERCIAL ZONING DISTRICT, "R-MF-2" MULTI-FAMILY DWII1I�ING ZONING DISTRICT, AND "R-20", "R-12.5", AND "R-7.5" SINGLE-FAMILY DWE�LING ZONING DISTRICI'S TO "CN" NEIC�iBORH00D CONIME�IAL ZONING DISTRICT ON TRACT 4, "R-MF-2" MULTI-FAMILY DWIIILING ZONING DISTRICT ON TRACTS 5, 6, & 7, AND "R-12.5" SINGLE-FAMILY DWE�,LING ZONING DISTRICT ON TRACT lOB; CORRE�rING THE OFFICIAL ZONING MAP; PRESERVING AT,r, OTHII2 PORTIONS OF Tf� ZONING ORDINANC;E; PROVIDING A CLAUSE REL�ATING TO SEVERABILITY; DEI'ERMINING THAT THE PUBLIC INTERESTS, 1�10RALS AND GEI�ERI�L WELFARE DII�ND A ZONING C�IANGE AND AMII�IDMQ�r TH�RFIN MADE; PROVIDING A PII�IALTY NOT TO F�CEID Z'f� SUM OF ONE THOUSAND DOLLAFLS � ($1,000.00) AND A SEPARATE OFF�ISE S�iALL BE � DEEL`�D CONM4ITTID UPON EACH DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DECI,ARING AN II��ERGII�TCY hIF�REAS, 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 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�RF�.S, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follawing factors in making a detennination 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 i�diately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property fran 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 expected to be generated by the proposed use around the ; site and in the imc�ediate neighborhood, adequacy of parking as determined 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 promotion of health and the general welfare, effect on light and aix, 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, W�-iERF,A5, 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 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 promotion of health and the general welfare, effect on adequate 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 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�RF,�1S, 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 amendm�nt, 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, WHEREAS, 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; promotes health and the general welfare; provides adequate light and air; prevents the avercrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, W'HEREAS, 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 promote the general health, safety, and welfare of this community. Nd�1, 'I�IF�REFORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf� CITY OF GRAPEVINE� TEXP,S: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, 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 following described property, to�ait: Being a tract of land out of the G. G. Starr Survey, Abstract No. 1466 and the E. Cox Survey, Abstract No. 352 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 "CC" Cammunity Cornrercial Zoning District, "R-MF-2" Multi-Family Dwelling Zoning District, and "R-20", "R-12.5" & "R-7.5" Single-Family Dwelling Zoning Districts, is hereby changed to "CN" Neighborhood Coicmercial Zoning District on Tract 4, "R-MF-2" Multi-Family Dwelling Zoning District on Tracts 5, 6, & 7, and "R-12.5" Single-Fami.ly Dwelling Zoning District on Tract lOB all in accordance with Comprehensive Zoning Ordinance No. 82-73, as am�alded. � 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 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 comprehensive plan for the puzpose of promoting health, safety, rrorals and the general welfare of the c�rnznity. 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 frcgn fire, panic, flood and 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, drainage and surface water, parks and other public requirements, and to make adequate provisions for the norn�al business, co�rercial needs and development of the community. 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 c�nzlative 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, 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 co�ly 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 submitted 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 permi.ttecl to e�ist shall constitute a separate offense. The awner or awners of any building or premi.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 employed in connection therewith, and who may have assisted in the conmission of any such violation, shall be � guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Grapevine, like�aise, 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, m�rals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i�diate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSED AND APPROVID by the City Council of the City of Grapevine, Texas on this the 15th day of May, 1984. APPROVID: � Mayor � � � A'TTE.ST: � Ci Secretary APPROVID AS TO FORM AND LF�LITY: ,�,�-- ��.-" � --" 'l City Attorney i � i � i EXHIBIT "A" TO ORDINANCE NO. 84-26 �— LICANT'S REL�DITION OF FINAL PROPOSID � � I Roposed Thorough�ere _ � * __.__—-__ �' �> _.. . ._-. - �.�_--�..=-_ � . -_-J-_ � �"p � �} �, � .a�y; �V � �� ' � � � '�' � [._ `` � 1 � ' n� '� 5_� �� �n � � � � � -� � � � �\�� -� ...\ ��- �i�.\ `�\\ ._��; � V� ; ' ' _,��'��]. --..-J '��"_� .•'� � �V�5 '\ � � l —� � \ C�� /� ' � (-' �s _'_ � 1� tii��f ��C J . 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P �y -:;'y� � Western Oaks � � � .�-=�== - � c,w..��.. ..s• , F �fo e...�«r *'I'he following tracts were withdra from � this zoning request: 1, 2, 3, ea ternnr�st ( edge of 4, 8, 10A, & 11 � � � Tracts 4, 5, 6, 7, & lOB were re7�II�h�r � this ordinance, see �hi.bit "B" a�ttached. i ,a.., . ,. . .e ,e< .,a � I { � , ; ; � p ac�t�yn was taken on Tract 9,yas this r, _II ; I � ,� � �� , � l _ _ ! ro was rezoned to R-7.5 b the ) , 1 � G City-instiaate�,,�}�g case. • / � �, �—' � � �I a;�ae� _---. ..-- ---- ... � __.. � I I� .� I _._�.�—�------�-----_�-. �-- - - --- - �- ���--- ._..- -------- — � � t � EXHIBIT "B" TO ORDINANCE NO. 84-26 Page 1 of 5 r-- � CN Neighborhood Co�nercial District Tract # 4 Being situated in Tarrant County, Texas and being a part of the G. G. Starr Survey, bounded as follows: Commencing at the Northwest corner of the grantor; thence S O1° 52' 56" W 1582.44 feet to a point; thence S 88° 07' 04" E 488.37 feet to a point; thence N O1° 52' S6" E 230 feet to a point; thence S 88° 07'04" E 240 feet to a point; thence N �6° 30' E 375 feet to a point in the centerline of a proposed 64 foot roadway, being the 'true place of beginning; thence continuing N 56° 30' E with said centerline 120 feet to � a point of curvature of a curve to the right, said curve having � a central angle of 70° 30' , a 'tangent of 320 feet, the long chord of which' bears S 88° 15' E a distance of 522.65 feet to the point o-f tan�ency; thence S 53° E with said centerline 420.24 feet to a `po�nt; thence S 45° W 701.6b feet to a point; thence N 45° W 190 feet to a point; thence N 68° W 175 feet to a poirit; thence � N 12° 36' 22" E 190.77 feet to a point; thence N 33° 30' W 375 feet to the beginning, containing 11.732 acres, as based on a ficl�i ci�rvav maria hv Rnh F. Thmm�snn R.P.S. #391. Januarv 23. 1984. a► Save and except that portion lying East of the City of Grapevine R-MF-2 zoning line, being bounded as follows : Beginning at the most Easterly corner of the above 11. 732 acre tract; thence , S45°00 ' 00"W 364 . 75 feet to a point in the East line of said R-MF-2 zoning line; thence N00°00 ' 00"E with the East line of said R-MF-2 zoning line 452. 27 feet to a point in the center- line of a proposed 64 foot roadway; thence S53°00 ' 00"E with said _ centerline 322 . 94 feet to the beginning, containing 1 . 329 acres. � � r � i EXHIBIT "B" TO ORDINANCE NO. 84-26 Page 2 of 5 � R-MF-2 Multi-Family District Tract #5 Being situated in Tarrant County, Texas and being part of the G. G. Starr Survey; bounded as follows: Commencing at the southwest corner of the grantor; thence S 87° ' 29' 50" E 303.06 feet to a point; thence N 89° 11' 39" E 634.22 feet to a point; thence S 00° 21' 24" E 186.23 feet to a point; thence S 88° 59' 42" E 440 feet to a point in the south line of the grantor, being the true place of beginning; thence N 00° 30' E 280 feet to a point; thence N 16° 30' W 110 feet to a point; thence N 38° 45' E 130 feet to a point; thence N 00° 15' W 330 feet to a point; thence N 14° W 120 feet to a point; thence N 45° E 210 feet to a point; thence S 45° E 447.33 feet to a point in the centerline of a proposed 64 foot roadway; thence S 44° W with said centerline 72.93 feet to a point of curvature of a curve to the left, said curve having a central angle of 42° 59' 42", a tangent of 240 feet, the chord of which bears S 22° 30' 09" W a distance of 446.61 feet to the point of tang^ncy; thence S O1° 00' 18" W with said centerline 305 feet to a point in the south line of the grantor; thence N 88° 59' 42" W with the south line of the grantor 260 feet to the beginning, containing _ 7. 176 acres as based on a field survey by Bob F. Thompson, R.P.S. #391, January 23, 1984. � � � , � i EXHIBIT "B" TO ORDINANCE NO. 84-26 Page 3 of 5 R-MF-2 Multi-Family District � TRACT #6 Being situated in Tarrant County, Texas and being part of the G. G. Star1^ ' Survey bounded as follows: Commencing at the Northwest corner of the G. G. Starr Survey in Tarrant County, Texas (said Starr Survey being described in Volume 325, page 539, of the deed records of Tarrant County, Texas; thence S O1° 52'56" W 2752.44 feet to a point; thence S 87°29'50" E 303.06 feet to a point; thence N 89° 11 '39" E 634.22 feet to a point in the centerline of an 80 foot proposed roadway, being the true place of beginning; thence N 00° 21 '24" W �with said centerline 31.21 feet to a point of curvature of a curve to the left, said curve having a central angle of 30° 08`36", a tangent of 200 feet, the long chord of which bears N 15° 25'42" W a distance of 386.24 feet to the point of tangency; thence N 30° 30' W with said center- line 370 feet to a point; thence N 65° 45' 17" E 128.60 feet to a point, thence N 83° 45' E 210 feet to a point; thence N 65° E 210 feet to a point, thence N 24° E 220 feet to a point; thence S 68° E 175 feet to a point; thence S 45° E 190 feet to a point; thence S 45° W 210 feet to a point; thence S 14°E 120 feet to a point; thence S00° 15'E 330 feet to a point; thence S 38° 45' W 130 feet to a point; thence S 16° 30' E 110 feet to a point; thence S 00° 30'W 280 �eet to a point; thence N 88° 59'42" W 440 feet to a point in the centerline of said proposed 80 foot roadway; thence N 00° 21 '24" W with said centerline 186.23 feet to the beginning, containing 14.714 acres, as based in a field study made by Bob F. Thompson R.P.S. #391 January 23, 1984. ` f � a t EXHIBIT "B" TO ORDINANCE NO. 84-26 Page 4 of 5 R-MF-2 Multi-Family District Tract #7 Being situated in Tarrant County, Texas, and being part of the G. G. Starr survey, bounded as follows: Commencing at the northwest corner of the grantor; thence S O1° 52' S6" W 1582.44 feet to a point; thence S 88° 07 ' 04" E 488.37 feet to a point in the centerline of a proposed 80 feet roadway, being the true place of beginning; thence N O1° 52' 56" E with said centerline 230 feet to a point at the intersection of said road and a pro�osed 64 foot roadway turning to the right; thence S 88° 07 ' 04" E with said centerline 90 feet to a point of curvature of a curve to the left, said curve having a central angle of 35° 22' S6" , a tangent of 150 feet, the long chord of which bears N 74° 11' 28" E a distance of 285.81 feet to the point of tangency; thence N 56° 30' E with said centerline 225 feet to a point; thence S 33°30" E 375 feet to a point; thence S 12° 36' 22" W 190.77 feet to a point; thence S 24° W 220 feet to a point; thence S 65° W 210 feet to a point; thence S 83° 45' W 210 feet to a point; thence S. 65° 45' 17" W 128.60 feet to a point in the centerline of a proposed 80 foot roadway; thence N 30° 30' W with said centerline 30 feet to a point of curvature of a curve to the right, said curve having a central angle of 32° 22' S6", a tangent of 220 feet, the long chord of which bears N 14° 18' 32" W a distance of 422.55 feet to the point of beginning, containing 9.536 arres as based on a field survey made by Bob F. Thompson, . R.P. S. #391, January 23, 1984. ; s ; , � EXHIBIT "B" TO ORDINANCE NO. 84-26 Page 5 of 5 r�— D�Vi� �. �uC��ri CO. E��6,st«��;�,: Pro f essional I.and Surveyors T�xas R-12.5 Single-Family District Tennessee TRACT ZOB lnc�iana �""""�y geing situated in Tarrant County, Texas , and being part of the M"5""P�' G, G. Starr Survey, bounded as follows: Alabama C���Tad� Beginning at a point on the West line of the Grantor, being S Ol°52 ' 56" West 746 ' from the Northwest corner of said G. G. Starr Survey; THENCE S 88°07 ' 04" East severing the lands of the Grantor 175 ' to a point; `1']3L•'NCE S O1°52 ' S6" West 45 ' to the center line of a proposed roadway; T13ENCE S 88°07 ' 04" East 50 ' to a point of curvature of a curve to the left, said curve having a central angle of 13°�.0 ' 00" and a tangent of 80 . 89 ' , the long chord of which bears N 85°22 ' S6" East 160 . 74 ' to a noint of tanqency; THENCE N 78°52 ' 56" East 84 . 43 ' to a point of intersection on the center line of a North/South street; TH�NCE with the center line of said North/South street on a curve to the right said curve having a central angle of 18°37 ' S6" and a tangent distance of 200 ' , a short chord of which bears S 03°29 ' 37" East 228 . 42 ' to a point of tangency; THENCE S Ol° 52 ' S6" West with said center line 601 . 2 ' to a point; TH�NCE N 88°07 ' 04" West 488 . 37 ' to the Y7est Line of the Grantor; T3�ENCE N Ol°52 ' S5" East with said West line 791 . 43 ' to the beginninq , containing 8 . 90 acres . . � � i 16775 Addison Road• Suite 615 • Dallas,Texas 75248• (214) 248-0563