HomeMy WebLinkAboutORD 1997-138 �:�:R ORDINANCE NO. 97-�38
� 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 Z97-21 ON A TRACT
OF LAND OUT OF THE THOMAS MAHAN SURVEY,
ABSTRACT NO. 1050, 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 "PO" PROFESSIONAL OFFICE
DISTRICT REGULATIONS AND "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS TO "CC"
COMMUNITY COMMERCIAL DISTRICT REGULATIONS
DEED RESTRICTED TO "PO" PROFESSIONAL OFFICE
USES; 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 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 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
�rv� 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:
ORD. NO. 97-138 2
„�,� 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
as Appendix "D” of the City Code of Grapevine, Texas, be, and the same is hereby
amended and changed by Zoning Application Z97-21 to rezone the following described
property to-wit: being a 1.263 acre tract of land out of the Thomas Mahan Survey, Abstract
No. 1050, Tarrant County, Texas (1650 West Northwest Highway), more fully and
completely described in Exhibit "A", attached hereto and made a part hereof, which 0.566
acres was previously zoned "CC" Community Commercial District Regulations and 0.697
acres was previously zoned "PO" Professional Office District Regulations is hereby
changed to "CC" Community Commercial District Regulations with the condition that the
drive on the west side of the property be eliminated and staff will work with the applicant
regarding the placement of the monument sign, all in accordance with Comprehensive
� Zoning Ordinance No. 82-73, as amended. Provided, however, that the property described
in Exhibit "A" shall be governed by the Deed Restrictions in Exhibit "B", attached hereto
and made a part hereof.
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.
�.ri�,
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
ORD. NO. 97-138 3
�: -. 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
�-x� committed upon each day during or on which a violation occurs or continues.
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 ofi the City of Grapevine, Texas, creates an
emergency for the immediate preservation af�he 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:
Li da Huff �
City Secretary
APPROVED AS TO FORM:
,
; y
.. . �.. �� I`. r� :L.. 'I . } �
. « ���
John F. Boyle, Jr. Y �
City Attorney
�..,,�
: �,
ORD. NO. 97-138 4
LL'GAL DESCRIPTION
� F3eing a 0.697 acre tract of land in the "rhomas�Mahan Survey, Abstract No. 1050 situated in
tt�e City of Grapevine, T'arrant County, Texas and being a portion of tliose certain tracts of
���ar land as described in deeds to Claude R. Miller as recorded in Volume 1379, Page 413 of the
Deed Records of Tarrant County, Texas and being more particularly described as follows;
Commencing at a 1/2" iron pin found in the north right-of-way line of West Northwest
Highway (State Highway Business No. 114, 100' R.O.W.) and also being the soulh��esl
corner of Lot l, Block 1, Rose Plaza an Addition to the City of Grapevine as recoriled in
Cabinet A, Slide 1957 of the Plat Records of Tarrant County, "fexas, thence N 89° �1' 03" W
along said north right-of-way line 939.53 feet to the Point of �3eginning;
7'E(ENCE N 89° 41' 03" W along said north riglit-of-�vay line 151.71 Feet;
"fHENCE N 00° 15' 32" E, 200.00 feet;
THENCE S 89' 41' 02" E, 151.91 feet;
THENCE S 00' 18" 57" W, 200.00 feet to the Point of Beginning and containing 30361
square feet or 0.697 acres of land.
� �
€��I�(fi...�. ro !� -
�a�e �.,L„ cf�
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� � 1997
� Np� 1'�
NN�NG
P�`
LEGAL DESCRIPTION
Qeing a 0.566 acre tract of land in the Thomas Mahan Survey, Abstract No. 1050 situated in
�:� the City of Grapevine, Tarrant County, Texas and being a portian of those cectain tracts of
land as described in deeds to Claude R. Miller as recorded in Volume 1379, Page 413 of the
Deed Records �f Tarrant County, Texas and being more particularly described as follows;
Commencing at a 1/2" iron pin found in the north right-of-way line of West Northwest
Highway (State Highway Business No. i 14, 100' R.O.W.) and also being the soutl�wesl
corner of Lot 1, Block 1, Rose Plaza an Addition to the City of Grapevine as recorded in
Cabinet A, Slide 1957 of the Plat Records of Tarrant County, Texas, thence N 89° 41' 03" W
along said north right-of-way line 816.24 feet to the Point of Beginning;
't'{�IL-:NCE N 89' 41' 03" W along said north right-of-way line 123.29 feet;
TfiENCE N 00' 18' S7" E, 200.00 feet;
T�-iENCE S 89' 41' 03" E, 123.29 feet;
TE-iENCE S 00° 18" 57" W, 200.00 feet to the Point of Beginning and containing 24658
square feet or 0.566 acres of land.
�� �
��
EXN191T� TO at _
Pa�� �
� c�►��a
RE
�;� Np� 17 1997
PI-ANN�NG
LCGAL DESCRIPT[ON
Being a 1.263 acre tract of land in the 1'homas Mahan Survey, Abstract No. 1050 situateci in
�:� the City of Grapevine, Tanant County, Texas and being a portion of those certain tracts of
land as described in deeds to Claude R. Mi(ler as recorded in Volume 1379, Page 413 of tl�e
Deed Records of Tarrant County, Texas and being more particularly described as follo�vs;
Commencing at a '/z" iron pin found in the north right-of-way line of West North�ve,,
Highway (State Highway Business No. 114, 100' R.O.W.) and also being the southwesl
corner of Lot l, Block l, Rose Ptaza an Addition to the City of Grapevine as recorded in
Cabinet A, Slide 1957 of the Plat Records of Tanant County, Te:cas, thence N 89° 41' 03" V�'
along said north right-of-way line 816.24 feet to the Point of Beginning;
T��ENGE N 89° 41' 03" W along said right-of-way line 275.U0 feet;
TE-iENCE N 00' 15' 32" E, 200.00 feet;
1'I�ENCE S 89° 41' 02" E, 275.20 feet;
TE{ENCE S 00° 18" 57" W, 200.00 feet to the Point of Beginning a�td containing 5502U
square feet or 1.263 acres of land.
EXHIBIT� T� 0� �_
��,3� _� of
��C�� V ��
�.�
NOV 17 1997
. PLANhII[�G
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�' EXHIBIT� TO - 3� i,,,^, ,,,.��_ �:�:_. ;. ; , �
�,.... a �: �4 U
�. Page ___L__ Of DEED RESTRICTIONS 1,93 JAN 2� P
� ,`�;_ .- - �:;'�-_',;::��!
' .:�:`;" �_.....:,;.-.
�.:
F THE STATE OF TEXAS ����
��; KNOW ALL MEN BY THESE PRESENTS:
� COUNTY OF TARRANT
_:
_= THAT WHEREAS, David A. Hubbell, DDS, and Valerie D. Hubbell, DDS, hereinafter
�-�
�r
� called the Declarants, are the owners of ali that certain real property located in Grapevine,
Tarrant County, Texas, described in Exhibit "A" which is incorporated herein as if fully set
forth (the "Property").
That the Declarants do hereby impress all of the Property described in Exhibit "A" with
the following deed restrictions,to-wit:
1. The use of the Property shall be limited to those uses
permitted in the P-0 Professional Office District zoning
category, as defined by the Grapevine Comprehensive
"` # Zoning Ordinance Appendix D of the City Code, as
amended.
�>.;�
These restrictions shall continue in full force and effect for a period of twenty-five (25)
years from the date of execution, and shall automatically be extended for additional periods
of ten (10) years unless terminated in the manner specfied herein.
These restrictions shall not be altered, amended or terminated without a public .
hearing before the City Plan Commission and the City Council of the City of Grapevine.
Notice of such public hearings shall be given as would be required by law for a zoning
change on the Property described herein.
The restrictions contained he�ein are not in any manner intended to restrict the right of
the City Council of the City of Grapevine to exercise its legislative duties and powers insofar
as zoning of the Property is concemed.
° These restrictions inure to the benefit of the City of Grapevine and the City of
��.�� Grapevine does hereby reserve the right to prosecute, at law and in equity, against the
EX�IIBIT `.��. TO ����'�-��
=:= t a�e � of �_
..�, ..
= person violating or attempting�to violate such restrictions, either to prevent him from so
_��
- doing and to correct such violation and for further remedy, the City of Grapevine may
;:
�_ withhold the Certificate of Occupancy necessary #or the lawful use of the Property until such
-,-
� restrictions described herein are fully complied with.
;':
-= These restrictions are hereby declared covenants running with the land and shall be
fully binding upon all persons acquiring Property within the above-described tract, and any
person by acceptance of title to any of the above-described Property shall thereby agree
and covenant to abide by and fully pe�form the foregoing restrictions and covenants.
�
EXECUTED this�,Q day of /l1 0.�-. , 1997.
David A. Hubbell, DDS, nd Valerie D. Hubbell,
DDS ._._- -7 y�����%��
�_::�-:..
� By: r���� �-�
�� David A. Hubbell, DDS �
Valerie D. Hubbell, DDS
THE STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on this ��� day of �`ti'`�'���
1997 by David A. Hubbell, DDS, and Valerie D. Hubbell, DDS.
�,�
�e�'" '�, TEAESA E.WALLACE Notary Public
SSj�D i�IF�UC
,, STATG OF TEXAS
`'�er+`�� MyComm.Exp.11•B•2000
nd
Accepted, City of Grapevine,this c� — day of���ic�, 1997.
Cit i , Texas
+ Rog elson
��
City Manager
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^:� CITY OF GRAPEVINE
,� PO BOX 95104
GRAPEVINE, TX 76099
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~-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T O: CITY OF GR.APEVINE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
198097892 DR91 T008322 O1/27/98 13 :44
�" � INSTRUMENT FEECD INDEXED TIME
1 D198016857 WD 980127 13 :44 CA
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T 0 T A L : DOCUMENTS: O1 F E E S : 19 . 00
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B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE ,
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
EXH181T SCL TO �
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