HomeMy WebLinkAboutORD 1982-031 � ORDIN�NCE NO. 82-31
AN ORDINANCE At�'�I�IDING ORDINANCE NO. 70-10,
THE COMPREHII�ISIVE ZONING ORDINANCE OF 'PHE
CITY OF GRAPEVINE, 'I�.S, SAr1E BEING ALSO
I�10WN AS APPIIQDIX "A" OF Tf� CITY CODE OF
GRAPEVINE, TEXAS, GRANrING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
I,C7I', TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARRANI' COUNTY, Z�XA.S,
BEING A PART OF 'I�3E A. FOSTER SURVEY,
ABSTRACT D10. 518, IN TfiE CITY OF GRAPEVINE,
TEXAS, MORE F'C)I�LY AND C�I�,TELY DESCRIBID
IN THE BODY OF THIS ORDINANCE; ORDERING A
QiANGE IN THE USE OF SAID PROPERTY FROD4
"R-1" SINGI�E-FAMILY DW�L�LING DISTRICT TO
"C-2" COrM�[JNITY BUSINESS DISTRICT,
PRCJVIDING FOR SCREF�TING P'�RE SPECIFICALLY
DESCRIBID IN Tf� BODY OF THIS ORDIN�7C�;
CORR�7CTING Tf� OFFICIAL ZONING MAP;
PRESERVING ALL 0'I'HER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A C�.P�USE REL�TING �
SE�7�BILITY; DETERMINING THAT THE PUBLIC
IN'T'ERESTS, MORAIS AND rF'n�'RAr, ti�TEL�F'ARE
DEM�ND A ZONING CHADIGE AND AMFT7DMEN`I'
THEREIN MADE; PROVIDIlVG A PII�TALTY; AND
D�CIARING AN II�2GEDTCY
W'F�RE1�S, applications were made to amend the Official Zoning Map,
City of Grapevine, Texas, by making applications for same with the
Planning & Zoning Co�nission 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 requirem�nts, 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 requixements, conditions
and prerequisites having been co�lied with; and,
Wf�RF.AS, the City Council of the City of Grapevine, Te�as, at a
public hearing called by the City Council did consider the follawing
factors in maki.ng a determination as to whether these requested changed
should be granted or denied; safety of the motoring public and the
pedestrians using the facilities in the area �diately surrounding the
site; safety frcan 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 stationazy 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�nc.�diate
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 pr�ation of health and the general welfare, ei'f_ect on light and
air, the effect on the overcraading of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
k�S, 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 deternlination 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 Y
promotion of health and the general welfare, effect on adequate light and
air, the effect on the overcraading of the land, the effect on the
concentration of population, the effect on the transportation; water,
sewerage, schools, parks and other public facilities; and,
Wf�REAS, 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 m�st
appropriate use of land throughout this city; and,
4��2EAS, the City Council of the City of Grapevine, T�as, does find
that there is a public necessity for the zoning change, that the public
dem�lds 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,
WI�REA.S, the City Council of the City of Grapevine, Te�as, 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
overcrawding of land; avoids undue concentration of population;
facilitates the adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and,
Wf�RE�.S, 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 pranote the general health, safety, and
welfare of this carr¢rnznity.
NCJ4V, TH�2EF'ORE, BE IT ORDAII�TID BY Z� CITY COUNCIL OF THE CITY OF
GRAPEVINE, 'I�S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
C�nprehensive Zoni.ng Ordinance of the City of Grapevine, Texas, same being
also lazawn as Appendix "A" of the City Code of Grapevine, Texas, be, and
the same is here by amerided and changed in that the use of the following
described property, to-wit:
BEING a tract of land situated in the A. Foster Survey, Abstract No.
518, in the City of Grapevine, Tarrant County, Texas, and being part of a
17.52 acre tract of land, called First Tract, described in Deed dated
October 29, 1968, fran Betty Grace Widener to James F. Widener recorded in
VolLune 4637, Page 869, in the Deed Records of Tarrant County, Texas, and
being mpre particularly described by metes and bounds as follows:
BE7GINNING at the intersection of the West line of Ball Street with
the Easterly line of F. M. Highway No. 157;
Tf�CE South 59 degrees 16 minutes 40 seconds East along said West
line of Ball Street, for a distance of 32.00 feet to a point for corner;
Tf�i�TC,'E South 00 degrees 56 minutes 59 seconds West along said West
line of Ball Street, for a distance of 252.88 feet to a point for corner;
TF�NCE South 00 degrees 28 minutes 04 seconds West along said West
line of Ball Street, for a distance of 875.00 feet to a point for corner,
same being the Northeast corner of a tract of land conveyed to Texas Paaer
& Light Co. by Deed recorded in Vol�une 5152, Page 308 in the Deed Rscords
of Tarrant County, Texas;
Tf�TCE North 89 degrees 32 mi.nutes 36 seconds West along the North
line of Texas Pawer & Light Co. tract, for a distance of 265.00 feet to
the Northwest corner of said Texas Pawer & Light Co. tract, s�me also
being the Northeast corner of another tract of land conveyed to Texas
Pawer & Light Co. by Deed recorded in Volume 5531, Page 251 in the Deed
Records of Tarrant County, Texas;
2��10E North 64 degrees 34 minutes 23 seconds West along the North
line of the second Texas Pawer & Light Co. tract, for a distance of 246.12
feet to a point for corner; �
THENC'.E North 54 degrees 19 minutes 00 seconds West for a distance of
217.47 feet to a point for corner in said Easterly line of F. M. Highway
No. 157;
T��10E North 35 degrees 27 minutes 26 seconds East along said
- Easterly line of F. M. Highway No. 157, for a distance of 1116.60 feet to
the PLACE OF BEGINNING.
CONTAINING 9.8195 acres of land m�re or less; which, in accordance
with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "R-1"
Single-Family Dwelling District is hereby changed to "C-2" Co�muzity
Business District Zoning Categozy, with . the following additional
conditions:
As a condition precedent to receiving a Certificate of Occupancy,
a�mer shall construct and continually maintain a six foot (6') high
wooden, screening fence on and along the most Easterly boundary of subject
tract to a point 150' South of the most Northeasterly corner of said
tract. The screening fence shall include masonry coltunns, two feet (2')
in width, spaced every 25' . The screening fence shall be constructed of a
concrete or metal frame or base which supports a pernianent type wall
material, the surface of which does not contain openings more than forty
(40) square inches in each one (1) square foot of surface of such
screening fence, and which surface shall constitute a visual barrier. No
openings shall be permitted for access.
The mr�st easterly ten feet (10') of subject property that is ,
contiguous to Ba.11 Street contains a substantial amr�unt of native timb�r .
that constitutes an additional barrier and screening device for the
Single-Family Residential Develo�nent located on the East side of Ball
Street. All of said native timber shall remain intact. No use shall be
made of said ten feet (10') that would result in damage or destruction to
the subject native timber. It shall be unlawful for awner, his agents,
servants, or e�loyees to re.nave, destroy, or damage said native tin�r.
Failure to comply with all the terms and conditions of this ordinance
shall be grounds for revocation of all Certificates of Occupancy.
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 purpose of promoting health, safety, morals and the general welfare of
the cce�mznity. They have been designed with respect to both present
conditions and the conditions reasonably anticipated to exist in the
foreseeable future, to lessen congestian in the streets; to secure safety
from fire, panic, flood and other dangers; provide adequate light and air;
to prevent avercrawding 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, corrmercial needs
and development of the conmunity. 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 mr�st appropriate use
of land throughout the con�rnunity.
Section 5. This ordinance shall be c�urnzlative 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, firm or corporation violating any of the
terms and provisions of this ordinance shall be subject to the same
penalties as provided for in Ordinance No. 70-10, Zoning Ordinance of the
City if Grapevine, Texas.
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
iurmediate 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 APPROVID by the City Council of the City of Grapevine,
Texas on this the 18th day of May, 1982.
APPROVID:
A yor
AT'I�ST:
City Secre
APPRpVID AS TO FORM AND LEGALITY:
City Attorney
I