HomeMy WebLinkAboutORD 1979-018 ORDINANCE NO. 79-18
AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE , TEXAS , SAME BEING ALSO KNOWN AS
TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS ,
GRANTING A ZONING CHANGE ON A TRACT OF LAND DE-
SCRIBED AS BEING A. LOT, TRACT OR PARCEL OF LAND
LYING AND BEING SITUATED IN TARRANT COUNTY ,
TEXAS , BEING A PART OF THE W. D. SHEPHARD
SURVEY, ABSTRACT NO. 1393 , IN THE CITY OF
GRAPEVINE , TEXAS , MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE , OR-
DERING A CHANGE IN THE EAST TWO-HUNDRED TWENTY-
FIVE FEET (225' ) OF SAID PROPERTY FROM "R-1"
SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY
BUSINESS DISTRICT ZONING, AND THE REMAINDER OF
SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING
DISTRICT TO "R-3" MULTI-FAMILY DWELLING DISTRICT ;
CORRECTING THE OFFICIAL ZONING MAP ; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE ; PRO-
VIDING A CLAUSE RELATING TO SEVERABILITY; DETER-
MINING THAT THE PUBLIC INTERESTS , MORALS , AND
GENERAL WELFARE DEMAND A ZONING CHANGE AND AMEND-
MENT THEREIN MADE , PROVIDING A PENALTY; AND DE-
.. . CLARING 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, require-
ments, 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 concen-
tration 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 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 amend-
ment, 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
TRACT I
All that certain lot , tract or parcel of land, lying and being
situated in Tarrant County, Texas , and being described as follows ,
to-wit : BEING a tract of land in the Heirs of W. D. Shepherd Survey,
Abstract 1393 , Southwest of Grapevine, Tarrant County, Texas , and
more particularly described by metes and bounds as follows :
COMMENCING at a stone , the S .W. corner of the Heirs of W. D.
Shepherd Survey and the SE corner of the J . S . Byrd Survey;
THENCE N. 893 varas to an iron;
THENCE N. 89° 52 ' East 458 . 8 varas to an iron;
THENCE S . 89° 51 ' E. 305 feet to an iron in the centerline of a
creek, the NW and beginning corner of tract being described;
THENCE S . 89° 51 ' E. 565. 77 feet to a point ;
THENCE Southeasterly along a curve to the right of radius 2834. 79
feet, a central angle of 08° 09 ' 20" , a distance of 403 . 51 feet ,
said curve being parallel to and 225 ' West of the proposed R.O.W.
line of State Highway 157 as shown on the attached Exhibit , to a
point for S .E. corner of the tract herein described;
THENCE N. 89° 51' W. 696 . 5 feet to an iron in the center line of
said creek;
THENCE with the center line of said creek N. 150 39 ' W. 59 . 75
feet to an iron;
THENCE N. 6° 36 ' E. 163 . 21 feet to an iron;
THENCE N. 78° 36 ' E. 47 . 98 feet to an iron;
THENCE N. 9° 57 ' E. 77 feet to an iron;
THENCE S . 77° 52 ' E. 94. 8 feet to an iron;
THENCE S . 43° 39 ' W. 73 . 6 feet to an iron;
THENCE S . 52° 51 ' E. 39 . 7 feet to an iron;
THENCE N. 63° 39 ' E . 84. 9 feet to an iron;
THENCE S . 68° 21' E. 90 feet to an iron;
THENCE N. 26° 09 ' E. 85 . 09 feet to an iron;
THENCE N. 54° 51 ' W. 70. 03 feet to an iron;
THENCE N. 38° 51 ' W. 80 . 05 feet to the place of beingnning; which
in accordance with Comprehensive Zoning Ordinance No. 70-10 was
previously zoned "R-1" Single Family Dwelling District is hereby
changed to "R-3" Multi-Family Dwelling District.
TRACT II
All that certain lot , tract or parcel of land, lying and being
situated in Tarrant County, Texas , and being described as follows ,
to-wit : BEING a tract of land in the Heirs of W. D. Shepherd
Survey, Abstract 1393 , Southwest of Grapevine , Tarrant County,
Texas , and more particularly described by metes and bounds as
follows :
COMMENCING at a stone , the S .W. corner of the Heirs of W.D. Shepherd
Survey and the SE corner of the J. S . Byrd Survey;
THENCE N. 893 varas to an iron;
THENCE N. 89 52 ' East 458 . 8 varas to an iron;
THENCE S . 89 51' E. 305 feet to an iron in the centerline of a
creek,
THENCE S. 89 51' E. 565 . 77 feet to a point and beginning N.W. corner
of the tract being described;
Continuing S . 89 51' E. , a distance of 240 . 23 feet to an iron in
the West line of F.M. Road 157
THENCE along said road S . 0 12 ' W. 391. 95 feet to an iron;
THENCE N. 89 51 ' W. 334. 5 feet to a point for S .W. Corner
THENCE Northwesterly along a curve to the right , of radius 2834. 79
feet , a central angle of 08 09 ' 20" , a distance of 403 . 51 feet ,
said curve being parallel to and 225 ' west of the proposed R.O.W.
line of State Highway 157 as shown on the attached Exhibit , to a
point for S .E. corner of the tract herein described; and point of
beginning; 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" Community Business District Zoning.
460.0.
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
`e`er comprehensive plant 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 trans-
portation, 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 17th day of April
1979.
MA OR
x,40
ATTEST:
C C A St
7
APPROVED AS TO FORM AND LEGALITY:
1
CITY ATTORNEY