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HomeMy WebLinkAboutORD 1977-034 ORDINANCE NO. 77-34 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING AL.SO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING .A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING ;�, TWO TRACTS OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE W. D. SHEPHERD SURVEY, A-1394 IN THE CITY OF GRAPEVINE, TEXAS MORE F'ULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHI3NGE IN THE USE OF TRACT I F'ROM "R-3" MULTI F'AMILY DWELLING DISTRICT TO "R-1" SINGLE FAMILY DWELLING DISTRICT AND TRACT II FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "R-1" SINGLE FAMILY DWELLING DISTRICT; CORRECTING T�IE OFFICIAL ZONING ME�P; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORAL„S AND GENER.AL WELFARE DEMAND A ZONING CHANGE AND ''�"'" AMENDMENT THEREIN ME1DE; PROVIDING A PENALTY; AND DECLARING �� AN EMERGENCY. ���� � � � �NHEREAS, applicai:ions were made to amend the Official Zoning Map, C'i_ty 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 compli_ed 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 camp]_ied 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 flocd or water damages, noise producing elements and glare of the vehicular and stationary lighi�s 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 an 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, th� City Council of the City of Grapevine, Texas, does find that there is a public necessity for the zoning charige, that the public demands it, that the public interest clearly requires the amend- ment, that the zoning r_hanges do ilot unr�asonably invade the rights of those who bought or �mproved property with reference to the classification which existed at the t ime their original investment was made; and, � WI3EREAS, 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 gener_al welfare; provides adequate light and air; prevents the over-crowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, s�werage, 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 �" y community; �"� NOW, THEREFORE, I I � � � ,_ �� i i � � � � I3E IT ORllAJN}-�D ]3Y '17�F Cl_'1'Y COUNCIT� OF '1'I3E CI'iY � OF vF2:'�PEV INF, '1'},XAS : SFC`1'ION l . 'I'hai� 1=h� City of Grapcvi_ne Ordiriai�ce No. 70-10, }�cing the Coinpr�hensive 7��ning Ordi_nance of t�he . Cii�y of Gr_ apevine, `I'�xas , same b��ng also known as Ti_tle 10 of the City Code of Gr�pevi_ne, Texas, be, and i:he same i.s heteby arn�nded and changed in th�t the use of the follo�,ai_ng d�scribed ��ropc�rt�y, to -wit: '` ' TRACT I i'� °� Part of the W. D. Shepherd Survey, Abstract No. 1394, situated at the City of Grapevine in Tarrant County, Texas ; and embracing a portion of the 149-99�100 acres tract described in the deed to Grapevine-157 Corporation recorded in volume 5324, page 454 of the Tarrant County Deed Records . �eginning at a 1" iron for the northeast corner of the said Shepherd Survey and 149-99�100 acres tract. Thence South, along the east line of said survey and tract and the west line of the J. R. Stephens Survey, Abstract No. 1490, a distance of 1501 feet to a 1" iron for the northeast corner of Oak Creek Estates , an Addition to the City of Grapevine, which appears upon the map recorded in volume 388-88, page 34 of said Deed Records . Thence west, along the north line of said addition to and along the north line of Tract "A�� described in the deed to Tate- Wright Construction Company, Incorporated, recorded in volume 5490, page 333 of said Deed Records., 1072-89�100 feet to a 1" iron. , Thence north 423-35�100 feet to a 1" iron in the north line of said 149-99�100 acres tract . �""' Thence south 89 degrees-58 minutes east, along said north line, 65 feet to a 3�4" iron for a reentrant corner of said tract. Thence north no degrees-08 minutes west, along a west line of said Tract , 1072-4�10 feet to a 2" iron for a northwest corner of said tract in the north line of said Shepherd Survey. Thence north 89 degrees-42 minutes east, along the north line of said survey and tract, 1010-4�10 feet to the place of beginning and containing 35-331�1000 acres ; which according to Zoning Ordinance 70-10 was previously zoned "R-3" Multi family dwelling district is hereby changed to "R-1" Single F'amily Dwelling District. TRACT II Part of the W. D. Shepherd Survey, Abstract No. 1394, situated - in the City of Grapevine in Tarrant County, Texas ; and em- bracing �ortions of the tracts described in the deeds to Grapevine-157 Corporation recorded in volume 5324; page 454 and volume 5324, page 468 of the Tarrant County Deed Records . �,„;,,. - Commence at the northeast corner of said Shepherd Survey and being the northeast corner of the 35-331�1000 acres tract described in the deed to Wright Construction Company, Inc. , � recorded in volume 5941, page 992 of the said deed records and then run south 89 degrees-42 minutes west, along the north line of saidsa:cvey and tract, 1010-4�10 feet to the northerly northwest corner of said tract, south no degrees-08 minutes east, along the west line of said 35-331�1000 acres tract, 1072-4�10 feet to a reentrant corner of tract and then north 89 degrees-58 minutes west 65 feet to a 1" iron for the wester- ly northwest corner of said 35-331�1000 acres tract and the northeast and beginning corner of the tract being described. Thence south, along the west line of said 35-331�1000 acres tract, 423-35�100 feet to a 1" iron in the north line of Block 7 of Oak Creek Estates , an Addition to the City of Grapevine as said Block appears upon the map recorded in volume 388-96, page 47 of said Deed Records . Thence west, along the north line of said Block 7 passing its northwest corner to and along the north line of Tract "A" � described in the deed to Tate-Wright Construction Com�.ny recorded in volume 5490, page 333 of said Deed Records , 1010-8�10 feet to the middle of a creek from which a 1" iron � bears east 8 feet and another 1" iron bears west 53 feet. Thence up the middle of �aid creek with its meanders : north 20 degrees-40 minutes west 64 feet; south 82 degrees-09 minutes east 70-1�10 feet; north 42 degrees-40 minutes east 79-3�10 feet; north 53 degrees-30 minutes east 35 feet; north 1 degree-54 minutes east 42 feet; south 60 degrees west 63 feet; north 74 degrees-45 minutes west 29 feet; north 5 degrees-40 minutes west 38-5�10 feet; north 12 degrees-30 minutes east 29 feet; north 43 degrees east 63-5�10 feet; north 24 degrees east 60 feet; north 70 degrees-10 minutes west 77-5�10 feet; north 32 feet; and north 47 degrees-22 minutes east 74-4�10 feet to a bois-d'are stake in the north line of said Grapevine- 157 Corporation tract described in volume 5324, page 468 of said Deed Records from which another bois-d�are stake bears � north 89 degrees-56 minutes west 80 feet. Thence south 89 degrees-56 minutes east, along the said north �.r line, 344-6�10 feet to a 2" iron for the common north corner of said Grapevine-157 Corporation tracts . Thence south 89 degrees-58 minutes east, along the north line of said tract described in volume 5324, page 454 of said Deed Records , 566-6�10 feet to the place of beginning and containing 9-189�1000 acres ; which in accordance with zoning Ordinance 70-10 was previously �oned "R-2" Two Family Dwelling District is hereby changed to "R-1" Single Family Dwelling District. r ; � SECTION 2. The City Man�.ger is hc�reby 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 a}�ove dcscr_ibed 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 plant for the purpose of promoting health, safety, morals and the general welf_are of the community. They have been designed, with respect to both present conditions and the canditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety f.rom 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 ardinance shall be cumulative of all I� �.� 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 ' pravisions 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 I become effective from and after the date of its final passage, and it accordingly so ordained. ' :) € PASS�D AND APPROVED I3Y '1'I�E CITY c,OUNCIL OF THE CITY OF GRI�PEVINE, TEXAS, this the __2nd_A day of __ Auc�ust , 1977. �'� — -- — -- ----- !� F MAYOR � � ATTEST: CITY ECR � RY APPROVED AS TO FORM AND LEGALITY: �� r. CITY ATTORNEY �. � �,,,, ���� ��