HomeMy WebLinkAboutORD 1997-134 ,�.� ORDINANCE NO. s7-�34
� AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z97-18 ON A TRACT
OF LAND OUT OF THE ELIZABETH COX SURVEY,
ABSTRACT NO. 352, DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "R-MF-2" MULTI-FAMILY DISTRICT
REGULATIONS TO "CC" COMMUNITY COMMERCIAL
DISTRICT REGULATIONS; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; PROVIDING A CLAUSE
� RELATING TO SEVERABILITY; DETERMINING THAT THE
PUBLIC INTERESTS, MORALS AND GENERAL WELFARE
�"' DEMAND A ZONING CHANGE AND AMENDMENT THEREIN
MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
�+ THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR
EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas by making applications for same with the Planning & 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
prerequisites 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
prerequisites 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 foltowing 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 locating 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
transportation, water sewerage, schools, parks and other 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, the effect on adequate light and air, the effect on the
overcrowding 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 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 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 overcrowding 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. 82-73, being the
`�` Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
ORD. NO. 97-134 2
,�� as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z97-18 to rezone the following described
property to-wit: being a 7.719 acre tract of land out of the Elizabeth Cox Survey, Abstract
No. 352, Tarrant County, Texas (4000 William D. Tate Avenue), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-FM-2" Multi-Family District Regulations is hereby changed to "CC" Community
Commercial District Regulations, all in accordance with Comprehensive Zoning Ordinance
No. 82-73, as amended.
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 ordinances 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
+� overcrowding 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 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. Any person violating any of the provisions of this ordinance shall be
deemed guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not
to exceed two thousand dollars ($2,000.00) and a separate offense shall be deemed
`�"" committed upon each day during or on which a violation occurs or continues.
ORD. NO. 97-134 3
. Section 8. The fact that the present ordinances 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 is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 2nd day of December , 1997.
APPROVED:
William D. Tate
Mayor
�.�
ATTEST:
� . �
Linda Huff
City Secretary
APPROVED AS TO FORM:
,
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. .' A ��' ...
� { .
�.. .
John F. Boyle, Jr.
City Attorney
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ORD. NO. 97-134 4
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DESCRIPTION OF PROPERTY SURVEYED
DESCRIPTION, of a 7.719 acre tract of land situated in the Elizabeth Cox Survey, Abstract No. 352,
City of Grapevine, Tarrant County, Texas; said tract being part of a tract of land as described in deed
to 121 and Hall Johnson Partners, L.P. as recorded in Volume 11426, Page 1043, Deed Records,
Tarrant County, Texas; said 7.719 acre tract being more particula�ly described as follows:
COMMENCING, at a 3/4-inch iron rod found for corner; said point being the southeast corner of Lot
1-R, Block 1, Hanson Hanks Addition, an addition to the City of Grapevine, Tarrant County, Texas
as recorded in Cabinet A, Slide 358, Plat Records, Ta�rant County, Texas; said point also being in
the west right-of-way line of State Highway 121 (a variable width right-of-way at this point);
THENCE, South 00 degrees, 02 minutes, 05 seconds West, along the west right-of-way line of said
State Highway 121, a distance of 1012.29 feet to a 5/8-inch iron rod found for corner; said point
being the northeast comer of Lot 1 R, Block 1, Heritage High School Addition, an addition to the City
of Grapevine, Tarrant County, Texas as recorded in Cabinet A, Slide 2677, Plat Records, Tarrant
County, Texas; said point being the POINT OF BEGINNING;
THENCE, South 89 degrees, 48 minutes, 04 seconds West, departing the west right-of-way line of
State Highway 121 and along the north line of said Lot 1R, Block 1, Heritage High School Addition,
a distance of 833.71 feet to a 5/8-inch iron rod found for corner; said point being an interior "el"
corner of said Lot 1R, Block 1, Heritage High School Addition;
�,,� THENCE, North 00 degrees, 11 minutes, 19 seconds West, along the east line of said Lot 1 R, Block
1, Heritage High School Addition, a distance of 404.72 feet to a 5/8-inch iron rod found for corner;
said point being the northeast corner of said Lot 1R, Block 1, Heritage High School Addition; said
� point also being the southeast corner of Lot 1, Block 1, Gilmar/Reily Brothers Addition, an addition
to the City of Grapevine, Tarrant County, Texas as recorded in Cabinet A, Slide 2924, Plat Records,
Tarrant County, Texas; said point being the north line of current zoning district "R-MF-2" as shown
on current City of Grapevine zoning maps;
THENCE, South 89 degrees, 57 minutes, 55 seconds East along said north line, a distance of
835.42 feet to a point in the west line of said State Highway 121; said pont being in the east line of
the said 121 and Hall Johnson Partners, L.P. tract;
THENCE, South 00 degrees, 02 minutes, 05 seconds West, along the west line of said State
Highway 121, a distance of 401.24 feet to the POINT OF BEGINNING;
CONTAINING, 336,251 square feet or 7.719 acres of land, more or less.
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