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Home My WebLink AboutORD 1993-037 ORDINANCE NO. 93-37 ` 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 Z93-06 ON TRACTS OF LAND DESCRIBED AS BEING TRACTS OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS IN THE J. R. STEPHENS SURVEY, ABSTRACT NO. 1490, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF 15.191 ACRES OF SAID PROPERTY FROM "R-3.5" TWO- FAMILY DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE DISTRICT REGULATIONS AND .22 ACRES OF LAND FROM "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS TO "R-5.0" ZERO LOT LINE 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 (S2,000.00) 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 �,; y� 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. ��,.�, 2 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 as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z93-06 in the use of the following described property, to wit: Being a tract of land in the J. R. Stephens Survey, Abstract No. 1490 as follows: 15.191 acres of land, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-3.5" Two-Family District Regulations to "R-5.0" Zero Lot Line District Regulations; and .22 acres of land from "CC" Community Commercial District Regulations to "R-5.0" Zero Lot Line District Regulations, for a total of 15.411 acres, all in accordance with a concept plan approved pursuant to Section 45 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "B". Section 2. That the development is approved conditioned upon the plans and construction including central air conditioning and the building shell providing a noise level reduction (NLR) of at least 30 dB. This NLR typically will require storm windows and storm doors, as well as ten (10') inches of attic insultation and fireplaces with glass doors. The developer shall retain a noise consultant acceptable to the City to certify that the plans and construction meet the standards of this section. Section 3. 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 4. 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 5. 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. 3 Section 6. 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 7. 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 8. 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 (S2,000.00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. 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 7th day of September , 1993. APPROVED: �� William �D. Tate Mayor ATTEST: Lind Huff �'�` City Secretary � 4 � APPROVED AS TO FORM: ��._ �.�..—_. �-�--_� . L� John F. Boyle, Jr. w City Attorney �.., 5 ExH�eir � ro 1�� 9�-�37 �'�'3- D� P � W��:� FIELD NOTES Propoeed Town Park AddiUon Phaas II ,,,..� MAY 27 1993 BEING A 15.411 ACAE TRACT OF LANO SITUA7ED iN THE J. R STEPHENS p�qN N I NG SURVEY,AB57fWC7 14901N 7ARWWT COUNTY,TD(A3,SAID TRAC7 BEIN�A PORTION OF THAT CER7AIN 19.004 ACRE TRACT OF LAND, COMPRISED OF �'"°� 7NOSE CERTAW ?RACTS OF LANO CONVEYED 70 CENTIX REAL ESTA7E CORPORATION AND RECORDED IN THE VOLUME 9123, PAaE 1921 AND VOLUME 9371, PAGE 848 OF THE DEED RECORD8 �P TARRANT COUNTY, TEXAS,SAID PAACEL BEIN(3 MOHE PAR?ICULAFILY DESCFiIBED AS FOU.OWS: BEGINNINQ at ths Northeasterly oornar oi Town Park Additlon,an eddltlon to the City ot Qrapevina, Tarrant County, Taxas as racorded In ths Mnp Racorda ot Tarrant County, Texaa, befnq In the northweeterly right-ol-way tlne of Harltage Avenue (80 foot R.O.W.); THENCE leaving tha northwostarly rlght-of-way Ilns o1 aald Nsritage Avonue, elong and wlth tha north Iine ot said Town Park Additlo�, the followiny three coursea end distanoeo: N 87°27'47"W,21.12 fset to a polnt of tengancy of a curve to the left, � having a central angle of 32°40'21",a radiue ot 476.17 foot,snd a long chotd that beata N 73'47'68"W,287.87 feet; Northweete�ly along 4ald curve to the Isit, en aro dletanca o1 271.83 teet; S 89°61'b2"W,b10.00 is�t to th�northweot cornsr of auld Tow� Park Addition,bsinp in th�sest Iine of Oak Creok Eatatea,en addltlon to ths Ciry of (3rap�vina, 7arre�t County, Texas, �a reoordod in the Map , Reoorda of Tarra�t County,Toxas; 7MENCE N QO°08'08"W, 99.59 fest, alo�p and with the eaat Ilne of eald Oak �� Creek Estates, to ths notlhse�t cornsr of eald Oak Ge�k Fatates, bein� tha �... t southsaat cornet of q�ar Meadow Eatatet,an addition to tha Cly oi(irepavine, Tarrant Couny,Tsxae,as reco�d�d In tha Map Recordo ot 1'�rrant Counry,Texas; THENCE N 00°08'40"W,630.61 feet,elonfl end w�th the east Ilne of said Clear Meadow Estates,to ths northeatt oornsr of aNd Cloar Meadqw Eatetee,and belny In the south right-of-way Ilns of Mustanq Drtve (variable wldth Fi.O.W.); THENCE along and with ths pouth r�ght-of-way Ilne of said AAuetang Drive (varlable width R.O.W.)the followinq ffve courses and dlstancee: S 89°60'61"E,0.03 ta�t to a polnt ot curvature of a curve to the rleht, having a centraf angte of 1 t°39'48",a redtua of 645.00 feet,and a long chord thAt besn 8 84°02'28"E, t 10.28 fset; Southeaaterly alonp 8edd ourve to the rlaht,aui euo distanca of 110.47 feet to a point of nveas ourvaturs of a curve to ths left, having a cenual an�la of 11•48'19", a radlus ot 818.00 fest, end e loag chord that beare S 84°O7'14'E, 128.14 feat; Southeaete�ly alonp sald curva to the left, an aro dlatsnca ot 128.38 feat; , •- �,. .;.. 82311801,001 '��`�'� � �. �.-� May 28, 1993 ' i t X r'1 t DI I --,a-- ' �+�, Of .�-�---- �� O� _� � RECEiV'ED N 89°59'37"E,413.32 teet to a polnt ot curvatura of a curva to the ripht, �_ having a central engle of 03'42'A2",a radlue ot 1050.00 teet,and a long M AY 2? 1993 ohord that bears S 88°09'02"E,68•Ot feet; Southeasterly elong sald ourva to the riqht,an aro dlatancs of 88.02 p�N�I NG teat; ' THENCE S 38°57'29" E,Isaving th�eouih►ight�of-way Ifne at safd Mustang Orive, crosaing said 19.804 ecrs uaot,801.5�feet to a polnt in the northwaats�ly rlght�oi• way Ilne of eeld Ha�ita�e Avenue,�lao b�inp a polnt nf non-tangenoy ot a ourva to tha rleht,having s cenUal anAlo of 14•4Q'33", s radiva o1980.00 taet,end a long chord that besrs S 42•45'08"W,247,77 feet; THENCE elon9 and w�th tha nonhweete�ly rleht-of-wey Iina ot aald Heritage Avenue,the tollowinq three coursa end distancee: Southweaterly along said curve to the right,an arc distsnce of 248.4t iaet; S 50°09'S2"W, 13.00 leet to a polnt of tangency of a curve to the lok, having a cantra)angte of 10•10'07",a radiva of 1040.00 feat,and a long chord that beeut S 4S°04'A9"W, 184.33 feei; Southwesterly alonq eald ourve to the IsR, en ero dletancs of 184.87 faet to the POINT OF BE(31NNINa and contalning 871,287 squars iset or 18.411 acre�ot land,mots or lesa. � � �-. � 9231t801,D01 �.,, .� May 28, 1993 ;i � .�„ ,'3;��' ��i �� 1' � !,I il�' il: � I; ��i � 1; I j� � � I �: le :^�r 4�'3 ' � � _ ". =� ; 1§ � ��I i , �� l;. �'� � , �., � � � � + i � '� � o �: � ! t � i E I''• , = dj � 1 � � b i =�� ; � �y'a�� '�i i� �� { ' ��I) ;il ; li, ��= � �►.s � �ii,� { ; Ei; ,� � uWi < I -�a - �I ;�i��=3 ?i� �� i�! �'�� t � t''` i� i:' �i= !'' `��_: �' �'' 1i `� a � a . � - ,� t , .� � , ;. i ;�, ;i, �� :, i �� i ,c 's t.,, l�s ;,, i �� = I ,�•.c !' i � , ,,,f ; J 1� ;�; t�;: � ; � t �� E� `� ;•+ �.� _ � : � c _ ' �� yi�°gi; 1�f. �� =�� =��! :�� i it �� {•�r � ,'� t f�ij� i�� :i� �� a� � � y � � ::,:,`; .� j•vYt�� 1'i; ,�' �I= ;(, ,�1� ,,� -j� (Ij� ( r :,�'I t ( i �• z Z o � p� t:~: .y�, , : .�. 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