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Home My WebLink AboutORD 1973-002 ORDINANCE NO. 73-2 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEX�S, GRANTING A ZONING "�„� CHANGE ON A TRACT OF LAND WHICH IS WITH�1�1 THE CITY OF GRAPEVINE, TEXAS, AND MORE FULLY ��- > DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM R-1 TO "PD" PLANNED DEVELOPMENT DISTRICT; REQUIRING A SUBDIVISION PLAT AND A MAINTENANCE AGREEMENT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE: PROVIDING ' A SEVERABILITY CLAUSE DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. �:,,� ,�4:..� 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 ordinal ce 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 sites; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producirg 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 �,,,� on population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and WHEREAS, the City Council of the City of Grapevine, Texa s, at a �� public hearing called by the City Council of the City of Grapevine, Texas, did consider the following factors in making a determination a s to whether this requested change shoald 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 land, the effect on the concentration on population, the effect on the trans- portation, 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 Lhange does 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 a` thax 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 praperty surrounding and in close proximity to the property requested for a change since this property was originally classified and tl�refore 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, 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 Ordinance No. 70-10 of the Zoning Ordinance of the City of Grapevine, Texas, passed on April 7, 1970, be, and the same is .�_,., amended and changed in that the use of the property, described in the attached Exhibit "A" which is hereby incorporated herein and which is presently zoned R-1 under Ordinance 70-10 is char�ged to "PD" Planned Development District for the following uses: A. One-family dwelling (attached), B. Multiple-family dwelling, C. Apartment accessory uses, D. Off-Street parking, E, Office, professional and general business. SECTION 1-A. That the zoning change herein described is hereby approved and granted upon the following described conditions: A. That no development will occur prior to submission and approval of a final subdivision plat; said final subdivision plat may be submitted in installments as each area develaps or it may be submitted in toto so as to cover all property in this zoning ca se at one time. B. That no development will occur until a "Maintenance Agreement" is submitted by all property owners and is approved by the City Council of the City of Grapevine, Texas, and the City Attorney f or the City of Grapevine, Texas; and is filed in ��=a the Deed Records of Tarrant County, Texas; said "Maintenance Agreement" shall be signed by all owners of property described in Exhibit "A" attached hereto, it shall state that it is a covenant running with the land, and it shall pertain to the maintenance of all green area, and all commonly owned area within the property as described in Exhibit "A" attached hereto. C. All development shall strictly adhere to the site plan which is attached hereto and marked as Exhibit "B" and all property shown thereon to be "Dedica�ed to City" shall be so dedicated either through a subdivision plat or separate instrument prior to any development of any of the property descri.bed in Exhibit "A" at�ached hereto. �.:_, The above requirements shall not be construed a� conditions precedent to the granting of a zoning chan�;e, but shall be construed as conditions parecedent to �° the issuance of any building permit by the City of Grapevine, Texa�. SECTION 2. The City Manager of the City of Grapevine is he�°eby directed to correct the official zoning maps of the City of Grapevine to reflect the herein change in zoning. SECTION 3. That in all other respects the use of the �ract 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, 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 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 o�her dangers, provide adequate light and air; to prevent over-crowding af land, to avoid undue concentration of popula�ion; facilitate the adequate provis ions of transportatian, 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 peculair 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 affecti:�:{g zaning and shall not repeal any of the provisions of said ordinances except in thase instances where pxovisions 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 severabl e 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 sha11 not affect the validity of the zaning of the balance of the tract or tracts of land described hearein. �' SECTION 7. That any person, firm or corporation violating any of �he terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance No. 70-10, Zaning Ordinance of the City of Grapevine, Texa s. SECTION $. The fact that the present zoning ordinance and regulations af the City axe inadequate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediate preservation of the public business, property, health, safety and � general welfare of the public which requires �hat this ordinance shall become effective from and after the date of its final passage, as provided by the Charter �� of the City, and it is accordingJ.y so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF 'IH E CITY OF GRAPEVINE, TEXAS, this the 1��,day of Januarv A. D. 1973. ,� . , �= O - APPROVED AS TC} F . ATTEST: =--.-. . �' `� ` ` ` ity ttorney `� ity ecretary �� Field Notes A tract of land situated in Tarrant County, Texas out of the Joel L. Hallum Survey, Abstract No. 722 and being the NET remainder of 55 acres of land as described in a deed to B. R. Neal, Jr. recorded in Vol. 1741 Pg. 150 of the Deed Records of Tarrant County, Texas and being more particularly descri�ued by metes and bounds as follows: Beginning at a U. S. Army Corps of Engineers Concrete and Brass �� Monument at the northwest corner of the said B. H. Neal, Jr. 55 acre tzact of land. Thence South 89° 20� East, at 517.40 ft. more or less passing another U. S. Army Corps of Engineers Monument in the north line � � or the said 55 acre tract,in all 1341.40 ft. to an iron rod by a fence corner post in the West line of Dove Loop. Thence South 1° 32� West 888.17 ft. to an iron rod at an angle point in said Dove Loop. Thence South with said Dove Loop 821.53 ft. to an iron rod found by a corner fence post on the south line of the said B. R. Neal, Jr. SS acre tract of land. Thence South 89° 30' West with fence 832.30 ft. to an angle point in same. Thence South 88� 06� West with said fence 456.50 ft. to an iron rod found at the southwest corner of the said B. R. Neal, Jr. 55 acre tract of land. Thence North 0� 57� West, at 849.80 ft. passing a U. S. Azmy ,,�„ , Corps of Engineers Concrete and Brass Monument, in all 1'747.60 ft. ; to the place of beginning and containing 52.067 acres of land more j oz less. i i � t �� ; i � � > 1 , J3 1 9 i � ' v . � , i r � � 1 i i i . l .i '7