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Home My WebLink AboutORD 1997-139 ��.�� ORDINANCE NO. s�-139 �� 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 Z97-23 ON A TRACT OF LAND OUT OF THE T.W. COUSEY SURVEY,ABSTRACT NO. 316 AND THE B.B.B. & C. RAILROAD CO. SURVEY, ABSTRACT NO. 146, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, DALLAS COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE-FAMILY DISTRICT REGULATIONS TO "GU" GOVERNMENTAL USE DISTRICT; 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 �"� 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 ��z� 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-�39 2 �fr� 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 Z97-23 to rezone the following described property to-wit: being 13.637 acres from Tract 1 and 38.581 acres from Tract 2 out of the T.W. Cousey Survey, Abstract No. 316 and the B.B.B. & C. Railroad Co. Survey, Abstract No. 146, Dallas County, Texas (2779 Freeport Parkway), more fully and � completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family District Regulations is hereby changed to "GU" Governmental Use District, 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. � ORD. NO. 97-�39 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 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 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 Znd day of December , �997, APPROVED: �'`r� William D. Tate Mayor �� ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: -. , ... �.i� .-� �. ,' .�• t- John F. Boyle, Jr. * City Attorney �= � �;��,� • ORD. NO. 97-139 4 , � Grapevine - Tract I �, Commencing at a concrete right-of-way marker found at the inter- section of the northwest right-of-way line of State Highway 121, � and the North line of the T.W. Cousey Survey, Abstract No. 316, and the South line of the B.B.B. & C. Railroad Co. Survey, Ab- stract No. 146, both surveys being in Dallas County; Thence S 89 degrees 59 minutes 21 seconds W along the common lines of the Cousey and B.B.B. & C. Railroad Company Surveys, 2, 924 . 08 feet, to the point of beginning of the herein described tract; Thence S 17 degrees 56 minutes 16 seconds W, 307 . 52 feet to the beginning of a tangent curve to the right; Thence 378 .99 feet with the arc of .said curve to the right . Said curve has a radius of 790 . 00 feet; Thence S 45 degrees 25 minute 28 seconds W, 1392 . 36 feet to the common line of Dallas and Tarrant Counties; Thence Northerly along said county line, 320 . 56 feet to the center of Denton Creek; Thence with the meadow�s of Denton Creek as follows : N 47 degrees 33 minutes 52 seconds E, 727 . 80 feet ; N 13 degrees 11 minutes 45 seconds E, 236 . 94 feet; N 76 degrees 39 minutes 56 seconds E, 41 . 12 feet; Thence N 00 degrees 19 minutes 41 seconds W departing the meanders of Denton Creek, 537 .29 feet to the common line of said Cousey and B.B.B. & C. Railroad Company Surveys; Thence N 89 degrees 59 minutes 21 seconds E with the common line of said Cousey and B.B.B. & C. Railroad Company Surveys, at 398 . 11 feet pass the center of Denton Creek and continue on for a total distance of 655 . 50 feet to the point of beginning and containing 13 . 637 acres . �:� �� r� To �' 2�z. � "'ane of �..�._ 97095 Grapevine - Tract 2 . Commencing at a concrete right-of-way marker found at the inter- section of the northwest right-of-way line of State Highway 121, - and the North line of the T.W. Cousey Survey, Abstract No. 316, '" and the South line at the B.B.B. & C. Railroad Co. Survey, Ab- stract No. 146, both surveys being in Dallas County; Thence S 89 degrees 59 minutes 21 seconds W along the common lines of the Cousey and B.B.B. & C. Railroad Company Surveys, 3181.47 feet to the center of Denton Creek, to point of beginning of the herein described tract; Thence with the meanders of Denton Creek as follows: N 17 degrees 02 minutes 15 seconds E, 641.23 feet; N 11 degrees 00 minutes 44 seconds E, 491.12 feet; N 12 degrees 59 minutes 26 seconds E, 220.00 feet; N 40 degrees 09 minutes 26 seconds E, 685.00 feet; N 22 degrees 39 minutes 26 seconds E, 698.00 feet; N il degrees 49 minutes 26 seconds E, 160.00 feet; N 00 degrees 20 minutes 34 seconds W, 240.00 feet; N 24 degrees 54 minutes 26 seconds E, 427.00 feet; N 71 degrees 59 minutes 26 seconds E, 312.00 feet; S 66 degrees 40 minutes 34 seconds E, 152.00 feet; S 42 degrees 55 minutes 34 seconds E, 125.00 feet; S 11 degrees 10 minutes 34 seconds E, 147.00 feet; S 30 degrees 54 minutes 26 seconds W, 203.00 feet; S O1 degrees 04 minutes 26 seconds W, 259.70 feet; S 48 degrees 55 minutes 34 seconds E, 285.00 feet; S 83 degrees 25 minutes 34 seconds E, 223.00 feet; S 46 degrees 20 minutes 34 seconds E, 125.00 feet; S 08 degrees 59 minutes 26 seconds W, 103.00 feet; ' S 55 degrees 09 minutes 26 seconds W, 280.00 feet; S 24 degrees 32 minutes 42 seconds W, 152.06 feet; S 54 degrees 10 minutes 34 seconds E, 162.54 feet; �:.� Thence N 89 degrees 30 minutes 19 seconds W departing Denton Creek, for a distance of 345.69 feet; Thence S 42 degrees 44 minutes 55 seconds W, 38.36 feet; Thence N 46 degrees 30 minutes 24 seconds W, 31.28 feet to the beginning of a tangent curve to the left; Thence 167.90 feet with the arc of said curve to the left. Said curve has a radius of 360.00 feet; Thence N 73 degrees 13 minutes 44 seconds W, 153.29 feet to the beginning of a tangent curve to the left; Thence 239.21 feet with the arc of said curve to the left. Said curve has a radius of 198.01 feet; Thence S 38 degrees 26 minutes 20 seconds W, 213.52 feet; Thence S 39 degrees 28 minutes 49 seconds W, 618.18 feet to the beginning of a tangent curve to the left; Thence 96.80 feet with the arc of said curve to the left. Said curve has a radius oL- 220.00 feet; Thence S 14 degrees 16 minutes 16 seconds w, 764 .15 feet; .�_.:., Thence S 42 degrees 44 minutes 55 seconds W, 569.44 feet to the point of beginning and containing 38.581 acres. -�_�� EXH'.�:T� TO L�2c'L.Y��' �`3 97096 P��@ � �f � - _ �H�� ,"�"'P�'� ��•j� i �pz r ' A7��a�{��ry�� yts� �.;�t�`x ��fi��y * S'��rv�l k � {�� F'�k,;�`�"'�.;��'�° �� t�r"N,��ah . u�s �r' H��,'E,a�"�,"^�'�t ��Prc,��5 f�4i C"��r,�t q�x�fit� F R 3 �'x�Y,y�� w t� �:�� ,,P "t��. ,�i�� F ,F.�epSE � R�'7'( ��;�r{ � �` ��`, �,� `��` � � `�✓ �}� � �'��, `fi, b �yd �dr T w f � � { 1�� . � � t � s4 $ . � �} �l � $`.�4 ) Yta .��" �.. � . � � � � � � �� x�� }� � 4 y ��"r�6�sw,�� aa v'��v�. �°�„: ��n �i ,.,1 t�,� �� `�t�`��°�i"��;�`��`�a��ti��p� �' $ ��L 4� , "l.��`j y'�A��v� � l�y0 � ''�� ' ��'4�'�S�?�' �''��§��'�r�" `��w. �� '� e.P':��'s ��,°�"�� 'S �r i��',�'�... d�1� . �R� ,� ��§4,. �� i�VAL i . a ;; y , b�� Gtp ��i �.. �� i a: . �� LD.I � �° p�,�,��' ;, .,.� � °�� , ��' � �� 1 � � � 3 .� � � � W )t' � �� ' _ �, 8i � � =Fs�c LaQt,�� o �r� �o��. a. 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