HomeMy WebLinkAboutORD 1997-063 ° ORDINANCE NO. g�-63
�° � 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 Z97-14 ON A TRACT
OF LAND DESCRIBED AS BEING LOT 2R, BLOCK 32, CITY
OF GRAPEVINE ADDITION, 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 TRACT FROM "R-7.5" SINGLE-FAMILY
DISTRICT REGULATIONS TO "CBD" CENTRAL BUSINESS
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 �.
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
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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
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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
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citizens of the City of Grapevine, Texas and helps promote the general health, safety, and
welfare of this community.
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ORD. NO. 97-63 2
� � NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
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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 Z97-14 (EZB Restaurants - Esparza's) to
rezone the following described property to wit: Being a 0.438 acre tract of land out of Lot
2R, Block 32, City of Grapevine Addition (124 East Worth), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "R-7.5" Single-Family District Regulations is hereby changed to "CBD" Central
Business District, all in accordance with an approved concept plan, attached hereto as
Exhibit "B" 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
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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
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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. 97-63 3
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 shal! 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 �st day of July , 1997.
APPROVED:
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William D. Tate
Mayor
ATTEST:
Linda uff
City Secretary
APPROVED AS TO FORM:
,��F. .� .
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John F. Boyle, Jr. ,
�"' City Attorney
ORD. NO. 97-63 4
z�-7^ J � Exhibit "A" to Ord. 97-63
Page 1 of 1
EXHIBIT 'A'
Being a 0.438 acre tract of land out of Lot 7, Block 32, Yates and Jenkins
� " Addition to .the City of Grapevine, Tarrant County, Texas, accordinq to plat
recorded in Volume 63, Page 5, Plat Records, Tarrant County, Texas, revised in
Volume 309, Page 72, of said Plat Records, and being more particularly all of
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that tract in said Lot 7, as conveyed to Georqie T. and Cecil E. Erwin, in
Volume 2509, Page 301, in Deed Records, Tarrant County, Texas, and the two
tracts in said Lot 7, called First Tract and Second Tract as conveyed to
Georgia T. and Cecil E. Erwin in Volume 3681, Page 225, of said Deed Records,
and all being described as one tract as follows:
BEGINNING at a 1/2 inch iron pin set in the North right-of=way of East
Franklin Street, a 38.5 foot right-of-way, for the Southwest corner of sa.id
tract in Volume 2509, Page 301, and being the Southeast corner of a tract
conveyed to Guest & Guest Furniture in Volume 7170, Page 1117, of said Deed
Records;
THENCE North, along the common line of said Guest & Guest �rniture tract and
Volume 2509, Page 301, a distance of 115.00 feet to a 1/2 inch iron pin aet
for the Northwest corner of said Volume 2509, Page 301, and being the
Southeast corner oE Lot 1, of said Block 32;
THENCE East, along the North line of said Erwin tracts and the South line of
Lots 2 and 3, of said Block 32, at 2.000 feet a 5/8 inch iron pin found, bears
North 0.45 feet, at 111.97 feet, a 3/8 inch iron pin found bears North 1.29
feet, in all a distance of 166.0 feet to a 5/8 inch iron pin set for the
Northeast corner of. said Erwin tract, a 3/8 inch iron pin found bears North
1.43 feet, a S/8 inch iron pin found for the Southeast corner of Lot 5, of
�^* said Block 32, bears East 274.28 feet;
THENCE South, along the East property line of said Erwin Second Tract, a
distance of 115.00 feet to a 5/8 inch iron pin set in the North right-of-way
� line of said Franklin Street, for the SouEheast corner of said Erwin Tract, a
1/2 inch iron pin found, for the Southwest corner of Lot 7-D-1, Block 32, City
of Grepevine, as recorded in Volume 388-174, Page 39, of said Plat Records,
bears East 6.42 feet and South 0.35 feet;
THENCE West, along the North right-of-wny line of said East Franklin Street
and the South line of said Erwin Tract, a distance of 166.00 feet to the POINT
OF BEGINNING and contaYnipg 0.438 acres of land.
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