HomeMy WebLinkAboutORD 1980-016 ORDINANCE N0. 80-16
AN ORDINANCE AMENDING ORDINANCE N0. 70-10,
THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBED AS BEING A
LOT, TRACT, OR PARCEL OF LAND LYING AND
� °` BEING SITUATED IN TARRANT COUNTY, TEXAS,
BEING A PART OF THE PEYTON R. SPLANE SUR-
VEY, ABSTRACT N0. 1452 , IN THE CITY OF
„� � GRAPEVINE, TEXAS, MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID PRO-
PERTY FROM "C-2" COMMUNITY BUSINESS DISTRICT
ZONING TO "SP" SPECIFIC USE PERMIT DISTRICT
ZONING INCIDENTAL TO THE CONSTRUCTION OF
DUPLEX DWELLINGS, PROVIDING FOR A MINIMUM
FLOOR AREA OF TWENTY-THREE HUNDRED (2300)
SQUARE FEET PER DUPLEX STRUCTURE, PROVIDING
FOR SEVENTY-FIVE PERCENT (75%) MASONRY
CONSTRUCTION, PROVIDING FOR COMPLIANCE WITH
.ALL "R-2" TWO FAMILY DWELLING DISTRICT CON-
STRUCTION REQUIREMENTS EXCEPT AS MODIFIED
HEREWITH; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RE-
LATING TO SEVERABILITY; DETERMINING THAT
THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND A ZONING CHANGE AND AMEND-
MENT THEREIN MADE; PROVIDING A PENALTY;
AND DECLARING AN EMERGENCY.
'� � WHEREAS , applications were made to amend the official
zoning map, City of Grapevine, Texas, by making applications
�..,� for same with the Planning and 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 pre-requisites 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 pre-requisites having
been complied with; and,
WHEREAS , 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 immediately surrounding the
site; safety from fire hazards and measures for fire control ,
protection of adjacent property from 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 immediate 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 loading 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 over-crowding 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 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
�.n effect on the promotion of health and the general welfare,
effect on adequate light and air, the effect on the over-
crowding of the land, the effect on the concentration on
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,
WHEREAS, 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 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 over-
crowding of land; avoids undue concentration of population;
facilitates the adequate provisions of transportation,
`'"� water, sewerage, schools , parks and other public requirements ;
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 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, THEREFORE, BE IT ORDAINED 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, Texas, same being also known as Title 10 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:
� LEGAL DESCRIPTION
Being a tract or parcel of land situated in the City of Grapevine,
Tarrant County, Texas , and being part of the Peyton R. Splane
Survey, Abstract 1453 , and being that tract of land conveyed to
Lomas & Nettleton Financial Corporation by Trustee Deed as re-
corded in Volume 5818, Page 95 , of the Deed Records of Tarrant
County, Texas , and also being that tract of land conveyed to
ARU, Inc. by Bill G. Underwood, Sr. , as recorded in Volume 5508 ,
Page 127 of the Deed Records of Tarrant County, Texas and being
more particularly described as follows :
BEGINNING at a point for corner at the southeast corner of said
Splane Survey;
THENCE South 80 degrees 45 feet 21 inches west a distance of 150. 39
feet to a point for corner in the centerline of a proposed street
(Tanglewood Drive) ;
THENCE North 0 degrees 12 feet 45 inches east along the centerline
of said proposed street a distance of 213 . 62 feet to the beginning
of a curve to the left.
°"�'" THENCE in a Northerly direction along the centerline of said pro-
posed street and along said curve to the left having a radius of
361. 00 feet, a central angle of 30 degrees 58 feet 00 inches and an
�� arc length of 195 . 11 feet to the end of said curve to the left;
THENCE North 30 degrees 45 feet 15 inches West along the centerline
of said proposed street a distance of 70 . 10 feet to the beginning
of a curve to the right;
THENCE in a Northerly direction along said curve to the right
having a radius of 287 . 66 feet, a central angle of 31 degrees
05 feet 00 inches and an arc length of 156 . 06 feet to the end of
said curve to the right;
THENCE North 2 degrees 19 feet 45 inches East along the centerline
of said proposed street a distance of 19 . 58 feet to a point for
corner at the intersection of the centerline of said proposed street
and the Southerly line of Mustang Drive;
THENCE South 89 degrees 40 feet 00 inches East along the Southerly
line of said Mustang Drive a distance of 276. 00 feet to a point
for corner in the Easterly line of said Lomas and Nettleton Tract;
THENCE South 0 degrees 03 feet 00 inches East along the Easterly
li�e of said Lomas and Nettleton Tract a distance of 625 . 88 feet
to the POINT OF BEGINNING and containing 2. 7602 acres , more or less .
LESS AND EXCEPT:
Approximately 1. 84 acres that is formed by its North property line
being parallel to Mustang Road and being 150. 0 feet South of the
,��� future R.O.W. of Mustang Road and extending the full depth of the
tract West to East; which in accordance with Comprehensive Zoning
Ordinance 70-10 was previously zoned "C-2" Community Business
� District Zoning is hereby changed to "SP" Specific Use Permit Dis-
trict Zoning incidental to the construction of duplex dwellings ,
with the following conditions :
(1) . Providing for a minimum floor area
of twenty-three hundred (2300) square
feet per duplex structure.
(2) . Providing for seventy-five (75'/0)
masonry construction.
(3) . Providing for compliance with all
"R-2" Two-Family Dwelling District
construction requirements except as
modified herewith.
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 community.
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 from fire, panic, flood and other
dangers ; provide adequate light and air; to prevent over-
crowding 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 , commercial 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 cumulative 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 provided for in
Ordinance No. 70-10, Zoning Ordinance of the City of 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, 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 from and after the date of its final
passage, and it accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS, this the 1$th day of March, 1980.
Mayor
ATTEST:
,�„�. City ec ta
APPROVE AS TO FORM A LEGALITY:
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City Attorney .