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HomeMy WebLinkAboutORD 1992-072 '� � ORDINANCE NO. 92-72 .�.. 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 Z92-08 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 J. R. DOSS SURVEY, ABSTRACT N0. 440 MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC" COMMUNITY COMMERCIAL 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 �nw.:� 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 h r d n ers ossibl resent in the securin of safet from same the effect on the ot e a 9 P YP 9 Y • 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. �. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: 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 Z92-08 in that the use of the following described property, to wit: Being 1 .0174 acres of land in the J. R. Doss Survey, Abstract No. 440, more fully and completely described in the attached Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CC" Community Commercial 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 safet from fire anic flood and other dan ers• rovide ade uate li ht and air• Y , P , 9 , P 4 9 � 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. � 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 17thday of November , 1992. APPROVED: i r�� � William D. Tate �, Mayor ATTEST: in a Huff City Secretary APPROVED AS TO FORM: � �� rrr John F. Boyle, Jr. City Attorney 4 �:. �� z9a-o8 �� /y ��,IZ ��,�2 . .z EXNIBIT_.t"L TO °"-=--� Page ._�. of _.___— LEGAL UESCR1PT10N BE(NG a tract nt land sltuated ln the �:lt .y ��[ Grapev,tne,. Tarran� County, - Texas , 1 n t I�e J . H . Doss Survey, Abs! ra��l Nu . 44U� and beii�K m��rc� ��articular• ly descrlbed as fulloKS : f�F.��INN1N(� at a 1'K Nafl f��und for corn�rr iii asE�halt I .yin� at the trt-lar3ectfon ot' the xest 1 ine ��f Hul lv Berr .y Trai t ( lU' R .O. W . � snd the south 1 i nc ui tl�g)�cs Road l Var . It. O. W. > ; _ TliEN�:E alang tl�e Mest llne of Nolly Berry Trali South' U2 de�reCs O1 tilnutes 48 seconds East a dlstance ot 37 . 9U feet lo a 1/2" lror� rocl found for corner lying at the beglnning ut a curve to the rigl�t havti�K a central angle of T degrees 14 ■tnutes 40 seconds , a radlus oi i1U9 . 09 te�1 , a chord bearing ot South 01 de�rees 3b alnutes 31 seconds Mlest , and a lonq chord of 139 . 51 feet ; ' 'fNENCE along said curve to the rlght an arc dlstance oi 13s3 . 6u feet {o a 1/2" tron rod tound for corner ; TNENc;E South 05 degrees 12 ml ��ules 5] sccoi�ds Wesl a dj�ta��ce ef �8. 29 �Ft��' {a a 1 /2" irun rod set for corner ; � TN�N�E South 8T deRrees 32 winutes 1 'L scr.onds West a dlstanc� o-f 1�5 .56 [eet to a 1/2" Irun rod set for corner ; 4; „THENCE North 02 Aegrees 27 r�lnutes 48 secondR West-•a distance oC 215 . 0 fee! to a 1/2" lron r od set tor corner lying in the south llne ut Hu�hes Koad : TRENCE along tht sout6 line oi Hughes Ro�d North 87 degrees 32 ■lnutes 12 aeconds East a dlstance of 210. 83 teet to the POINT OF BEGINNING and ' containin� approxt��tely 44, 318. 6� square ieei or 1 . 0174 •cres uf land . � SURVF Y�.RT lF1�AT.� � The undersl �ned hereby cert tfles to CU�tMONWEAI.'fH LAND TI '('l.E ' CUMPANY. CI TY OF GRAPEVI NE� and JOHN 1.. COI.E, TRUSTI�E t ha t : � t � t t��• �,. .nnderslgned is a dul ,y reRtstered l�nd survevur of the Stal �- c� f '1'�• x:�., . ( if 1 thls s��rvey ts wade fur G. F . No . � 8834::: ( I i I � t hls ,urve,y was aade on the Rround and correct l ,y shc�MS t he t,��undar}� l.fnc:s , df �+enslons and area o! the ) xnd l.ndJcated her����n; � i � � �. ;,;, � i monua�nts shawn hereon� actually exisl : tv ) thts survey c��rre�:t I �� s1�oMS the locatlon .oi all bulldings , structures , signs , fci�c�+s , a►►�� other fMprovewents anQ vlslble lte�s located on or aitectln� tl�e subJect property ttbe "Property" ); (vf ) thls survey correcil ,y s)�uws the locatlon oi all alleys , hlghKays ,� streets , roads , 'rfghts -c►f�-rray, - - .. ..�.,..♦ .. .. ...t ..• �..... _... • a .... ,. .. e ...,...,,..� .,r ...w � ..� a �... ....a.... _ � _....,a �... ,.