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Home My WebLink AboutORD 1994-025 �_::, ORDINANCE NO. 94-25 �,�, 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 Z94-02 ON A TRACT OF LAND DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS IN THE G. M. BELL SURVEY, ABSTRACT NO. 234; THE W. DRISKELL SURVEY, ABSTRACT N0. 405; AND THE J. H. HUGHES SURVEY, ABSTRACT N0. 2028; MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY; 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 (52,000.00) 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, Iocation, 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 � r 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 �y,.,� general health, safety, and welfare of this community. �„ NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. N0. 94-25 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 Z94-02 to rezone approximately 46 acres to wit: Being 42.888 acres situated in the G.M. Bell Survey, Abstract No. 234; the W. Driskell Survey, Abstract No. 405; and the J. H. Hughes Survey, Abstract No. 2028, more fully and completely described in Exhibit "A", attached hereto and made a part hereof; and 2.888 acres situated in the G. M. Bell Survey, Abstract No. 234, more fully and completely described in Exhibit "B", attached hereto and made a part hereof, and addressed as Bear Creek Park, located at 3230 State Highway 360 which was previously zoned "R-7.5" Single-Family District Regulations and "R-TH" Townhouse District Regulations to "GU" Governmental Use District Regulations to be used as a City park. 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. 94-25 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 (52,000.00) 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 zoning ordinance 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 22nd day of March , 1994. APPROVED: � r--- Wil 'am D. Tate �,�„�, Ma yor ATTEST: Lind Huff � City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. - �.,� City Attorney � ORD. N0. 94-25 4 . . /-� (�it�G _,,Z,S �, EXHIBIT__.___ Tp _ �'� � Pa9e � of � � 2 � � COt�ff`SONWEALTH LAND TITLE INSURANCE COM �, ... •� -- � - _��.��_�� .J. � Z.�4� 'i�. OWNER POLZCY OF � TITLE INSURANCE ... -�- '--' --------------------- `°""" DATE OF POLICY NUMBER CASE NUMBER pOLICY 91 MB 234271-A (041)/skb 1/28/1992 175- 025204 EXHISIT A HEING 42.888 acres situated in the G. M. BELL SURVEY ABSTR.ACT NO. 234; the W. DRISKELL SLTRVEY, ABSTRACT NO. 405; and the J. H. {iUGF�S SURVFsY, ABSTRACT NO. 2028, Cit of Grapevine, TARFtANT County, Texae, eaid 42.888 acres being a portion of �hose certain tracta of land conveyed to Bear Aun Joint Venture by deeds recorded in Volume 8083, Paqe 378 and Volume 7985, Page 563 Deed Recorda, TP,RRANT County, Texas, said 42.888 aczes beinq more par�icularly described by metes and bounds as follows: CO�NCING at a Texaa Hiqhway Dapartmant monument in the $a�t lino of stato Highway No. 121 (R.o.W. widt�i variee) said point being the 5outhwest corner of Bear Creek Addition as recorded in Volume 388-168, Page 99, Plat Recorde, TARRANT County, Texas; THENCE South 89 degrees 59 minutes 31 aeconda East along the South line of Beginning ofetheAhereinndeecribeditract� a 1/2 inc{� iron �t the Point of THENCE South 89 degrees 59 minutes 31 seconds East, continuinq along the South line of said Bear Creek Addition, passing the Southwest aorner of H.C.B. Addition, as recorded in Volume 388-158, Page 19 Plat Recorda, TARRANT County Texas, and continuing along the 3outh l�ne of said H.C.B. � ofdState�Highway No35360 (ReO.W width variesjon in the Southwesterly line THENCE South 49 dagrees 21 minutes 02 seconda East alonq thA Bouthwoa�erly �_ � line of said State Highway No. 360, a diatance ot �,038.10 feet to a 1 2 inch iron in the weat line of a tract of land conveyed to ATAF;RANT Cauntnc by deed recorded in volume 9312, Page 2083, Deed Records, Y. Texas; saidCAirport 360dInceetractmi616e052feetCtoda 1%2t�nch ironhA W�st line of TFiENCE North 89 degrees 17 minutea 34 seconds E st along the South line of said Airport 360 Inc. tract, 726.42 feet to a 3�4 �r1ch iroa in the Southwes�erly line of said State Highway No. 360; THENCE South 48 degrees 49 minutes 48 seconds East alon the Southwesterly Iine of said State Hiqhway No. 360, a distance of �12.68 �eet to a 1/2 inch recordedtin volume15576f Pagea475�fDeeddRecordsedTta�x�xTrCountBy,�Texas;deed THENCE South 00 degrees il minutea 55 seconds West, along the We9t line of said Boawell tract, 498.81 feet to a 1/2 inch iron at the Northeast corner of a tract of land conve ed to James D. Fuller, Truetee, by deed recorded in Volume 9670, Page 234�, Deed Recorda, TARRANT County, Texa9; THENCE South 88 degreea 39 minutes 44 seconds West, aiong th� North line of said Fuller tract, 480.29 feet to a 1/2 inch iron; ( CONT. ON EXH. A, PAGE 2 j This policy is invalid unless the cover aheet and 5chedules. A and B are attached. The policy number shown on this achedule muat agree with the preprinted number on • �- the cover. �� Texas Form T-1 (rev 10/91) Owner Policy - Fo�Ingurance�ofbT�xaste BQard Exhi.bit A - Paqe 1 � iBiT � To � `�-�s C C� C� aMC� EXH � D Page � of -- COMMONWEALTH LAND TITLE ZNSURANCE CO � FEB 2 41993 OWNER POLICY OF J ___TITLE ZNSURANCE �(r ------------- 7 i� CASE NUMBER DATE OF POLICY NUMBER �: e� POLICY 91 MB 234271—A (041)/skb 1/28/1992 175— 025204 EXHIBIT A THENCE South 00 degrees 04 minutea 55 seconds West, along the West line of eaid Fuller tract, 63.75 feet to a 1/2 inch iron in the Rorth line of Glade Croesing, IIZ Phaee Two as recorded in Volume 388-209, Paqe 35, Plat Records, TARRANT County, Texae; THENCE along the North line of eaid Glade Crossing III, as follows: SOUTH 88 degreea 39 minutes 44 seconds West, 177.05 feet to a 1/2 inch iron; SOUTH 00 degrees 04 minutea 55 seconds West, 50.00 feet to a 1/2 inch iron; SOUTH 88 degrees 39 minutea 44 eeconds West 135.19 feet to a 1/2 inch iron at the Northeast corner of a �ract of land conveyed to Pulte Homes Corp. by deed recorded in Volume 9735, Page 158, Deed Recorda, TARRANT County, Texas; THENCE South 89 degrees 39 minutes 10 aeconds West along the North line of said Pulte Homea Corp. tract 165.66 feet to a 1/2 �nch iron; THENCE North 31 degrees 18 minutes 40 seconds West, 58.31 feet to a 1/2 inch iron; THENCE North 00 degrees 20- minutes 50 seconds Weat, 575.05 feet to a 1/2 inch iron; r �hcironuin thedEasteline afnsaybrookeeasnrecorded in�P�atgCabinet�Al/� Slide 206, Plat Records, TARRANT County, Texaa; �""� TFiENCE North 04 degreea 44 minutes 49 seconds West, along the Sast line of said Saybrooke Addition, 224.08 feet to a 1/2 inch iron; THENCE North 55 degrees 49 minutes 25 seconds Paet, 119.53 feet to a 1/2 inch iron; TI�NCE North 34 degrees 10 minutes 35 seconds W2st, 324.13 f�et to � 1/2 inch iron; TI�NCE North 64 degrees 36 minutes 05 seconds West, 52.09 feet to a 1/2 inch iron; THENCE North 89 degrees 57 minutes 03 seconds West, 260.00 f2et to a 1/2 inch iron; THENCE North 73 deqrees 15 minutes 06 seconda West, 67.86 feet to a 1/2 inch iron; THENCE North 65 degreea 10 minutes 33 seconds West, 71.59 fest to a 1/2 inch iron; THENCE North 81 degrees 25 minutes 12 seconde West; 101.12 feet to a 1/2 inch iron; � ( CONT. ON EXH. A, PAGE 3 Thie policy is invalid unlese the cover aheet and Schedu es A and B are attached. The policy number shown on thia schedule must agree with the preprinted number on the cover. Texae Form T-1 (rev 10/91) Owner Policy - Form prescribed by Sta�e Board ��t of Inaurance of Texas Exhibit A - Page 2 �� . " � EXH181T� TO �"�`'� �1'S�-''7S j� � (� � �� Page _�L_ of � D ' • � F�B 2 4 1�4� � �I _ ,2i ER�iIBIT "A" ��o� 2. 888 acres situated in the G.M. BELL SURVEY, ABSTRACT NO. 234, City of Grapevine, Tarrant County, Texas, said _2.888 acres_being a portion of that certain tract of land conveyed to Bear Run Joint Venture by deed recorded in Volume 8083, Page 378, Deed Records, Tarrant County, Texas , said 2.888 acres being more particularly described by metes and bounds, as follows: Commencing at a Texas Highway Department monument in the east line of State Highway No. 121 (R.O.W. Width Varies) , said point being the southwest corner of BEAR CREEK ADDITION as recorded in Volume 388-168 , Page 99 , Plat Records, Tarrant County, Texas; THENCE S 89 degrees 59 minutes 31 seconds E, along the south line of said BEAR CREEK A.DDITION, passing the southwest corner of H.C_B. A.DDITION, as recorded in Volume 388-158, Page 19, Plat Records, Tarrant County, Texas , and continuing along the south line of said � H.C.B ADDITION, in all 1530.93 feet to the Point of Beginning of the herein described tract; ��` THENCE S 89 degrees 59 minutes 31 seconds E, 168.54 feet to a 1/2" iron in the southwesterly line of State Aighway No. 360 (R.O.W. Width Varies) ; THENCE S 49 degrees 21 minutes 02 seconds E, along the southwesterly line of said State Highway NO. 360, a distance of 1,038 .10 feet to a 1/2" iron in the west line of a tract of land conveyed to AIRPoRT 360 INC. , by deed recorded in Volume 9312, Page 2083, Deed Records , Tarrant County, Texas; � THENCE S 02 degrees 00 minutes 25 seconds W, along the west line of said ASRPORT 360 INC_ tract, 140.55 fest; � THENCE N 49 degrees 21 minutes OZ seconds W, 1253.76 feet to the POINT OF BEGINNING and containing 2. 888 acres of land. �>..�, • . 10515 13Q3