HomeMy WebLinkAboutORD 1973-027 ORDINANCE NC?. ?3-27
AN ORDINANCE AMENDING ORDINANCE NO. �0-10, A ZANING
ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, �RANTING
A ZONING CHANGE UN THREE TRACTS OF LAND IN THE W.D,
��" SHEPHERD SURVEY, ABSTRACT NQ. 1393, AND THE J.S. BYRD
�--� SURVEY, ABSTRACT NO. 20'7, IN THE CI�Y OF GRAPEVINE,
TEXAS� AND MURE FULLY DESCRIBED HEREIN; AND (JRDERING
A CHANGE IN THE USE OF SAID PROPERTY: fiRACT (A) FROM
„R_I'r� {'R-3"� & "C_2t' T� �tC-2't C4MMUNITY BUSINESS DISTRICT a
TRACT (B� FROM t'R—lsi� +tR_2ie g�trR_,�,t� Tp +}g_3+r j�ItjL„TIPLE—FAMILY
DISTRICT� TRACT (C} FROM t'R_2't & isR-3" TtJ �'Sp" SpECIFIC
USE DISTRICT (RESIDENTIAL — DENSITY (7) SEVEN UNiTS
PER ACRE OR LESS) ; GORRECTING THE OFFICSAL Z�NING MAP;
PRESERVING ALL OTHER PORT3UNS �F 1HE ZONING ORDINANCE;
PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE
FUBLIC IN2EREST, MORALS AND GENERAL 4VELFARE DEMAND A
` ZONING CHANGE AND AMENDMENT HEREIN MADE; AND PRt3VIDING
A PENALTY.
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i WHEREAS, agplicatians were made ta amered the
Official Zoning Map, City of Grapevine, Texas, iay �aaking
applications for same with the Planning and Zoning
Co�nmission of the City of Grapevine, Texas, as xequired
� by state statutes and the zoning ardinances of the City
� of Grapevine, Texas, and aIl the lega2 reqnirements,
conditions and pre-requisites having been camplied rrith,
the case having conne before the City Council of the City
of Grapevine, Texas , aftex ,a11 legal notices, require-
ments, conditions and pre-requisites having heen complied
; � with; and,
WFiERfiAS, the City Council af the C�.ty of
� Grapevine, Texas, at a public hearing ca2led by the
� City Council did cons3der �Ehe - following .�actors in
making a determinatioz� as to whether these requested
� changes should be granted or denied; safety of the
�
mc�toring public and the pedestrains using Lhe facilities
in the area► immediately surraunding the site, safety
from f`a.re haza:rds and measures for fire contral, pratection
� of adj�.cent property �'rom flaod o�r water damages, naise
prc�ducing elements and glare of the vehicular and
� stationary lights and effect of such lights on established
� character of the neighborhood, location, li.ghting and
�` types of signs and relation af signs to traffic control
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and adjacent prr�perty, street size and adequacy of width
;� for traffic reasonably expected to be generated by the
propc�sed use around tl�e site and in the immediate
> ne3.ghborhaad, adequacy of parking as determir�ed by
;� requiacements of this ardinance for off-street parki�ag
facilities, location c►f iangress ar�d egxess points fc►r
` parking and off-stxeet loading spaces, and pzotectior�
of public health by surfa�cing on all parl�ing areas tc,
� f- contrc�2. dust, effect on the promotion of heaith and the
general welfare, effect an light and air, the e�'fect on
the over-crowding of the land, the effect on the cc�ncen--
tratian of population, the effect on the transpartation,
'� �ater, se�rerage, schaals, pazks and other public faci2ities;
and,
WHEREAS, the City Council af the Ci.ty of
Grapevine, Texas, at a public hearing calZed by the
City Council of the City of Gxapevine, Texas, did consider
the foliot�ntng factc�rs ia making a deteratination as to
'`� whether this xequested change shcauld l�e granted or denied;
effect on the cangestion o.f the streets, the fire hazards,
�` panics and other dangers possibly present in the securing
af safety from same, the effect on the pzamoti4n of health
and the general welfaare, effect c,n adequate liglat and air,
the effec't on the aver-crovrding of the Iand, the effect
on the concentration on population, the effect an the
transpartatian; water, sewerage, schools, parks and othez
public fac3,lities; a►r�d,
WHEI�BAS, the City Councii further considered
� amang other things the character of the district and its�
peculiar suita.bility for particular uses and with the �
v�.ew to cccyannsezve the value of buildings, encaurage the
mast appropriate use of land throughout this city; and,
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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 amend-
ment, that the zoning changes do not unzeasonably 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,
WHERE�AS, the City Council of the City of
, Grapevine, Texas, does find that the change in zoning
`i 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 over-crowding of land; avoids
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undue concentration of population ; facilitates the
w�' adequate provisions of transportation, water, sewerage,
schools, parks and other public requirements; and,
� WHEREAS, the City Council of the City of
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Grapevine, Texas, has determined that there is a necessity
��� and need for this change in zoning and has also found
� and determi.n ed 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,
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BE TT ORDAI�ED BY 2HE CITY COUNCIL OF THE CITY OF
GRAPEVZNE� 2EXAS:
SECTION 3. That Ordinance No. 74-1g, a Zoning 4rdinance
of the City of Grapevine, Texas, passed nn April 7, 1970,
be, and the same is amended and changed in that the use
of the following descri.bed praperty, to-wi.t:
TRACT (A) :
A part of the W.D. Shepherd Survey, Abstract
No. 1393, situated about 16-112 miles Narth
45 degrees East from the courthouse in Tarrant
County, Texas and embracing the portion of the
52-16/100 acres tract conveyed to Kenne�h M.
Gaod, Trustee, by the deed recorded in Volume
4712, page 340 of the Tarrant County Deed Records
which iies within the 52-19110fl acres tract
described in �he Deed to D.L. Ring et al recnrded
in Volum� 4056, page 547, of said I}eed Recards;
BEGINNING at a 518 inch iron in the West line
of the right-of-way fc►r FM Highway No. 157 for
the Sc�utheast corner af said 52/16/140 and
52,-19/100 �cres tract and the Northeast corner
of the 25 acres tract conveyed to D.L, Ring
�t al by the deed recorded in Volume 4034,
page 193, of said Deed Recards and said iron
being, by deed call, North no degrees 12 minute�
East b8-3Sj104 feet from the Northeast carner
of Lot 1 in Block "B" of Los Rob].es Estates,
Section Qne, as said lot appears upon the map
recorded in Volume 388-38, page 69, of said
Deed Recards;
THEIYCE South 89 degrees 53 minutes West �lang
the Sauth line of said Ring, et al 52-19/lOQ
acres tract and the Nc�rth line of said Ring,
et al 25 acres tract; at �46-45/100 aEeet pass
a 5/8 inch iran for the Northeast corner of
Lot 2 in said Block "8" at 61.0-05/IO(� feet
pass a 5/8 inch �tron for the angle paint in
the North line of Lot 1 in Block "C" of �aid
Addition, at 118],-45/100 feet pass a 5/8 inch
iron for the Northeast carnez of the 0-883j1000
acre tract canveyed to M.S. McKinnon by the
deed recorded in Volume 4438, page 924, of
said Deed Records, �nd in a11 1030 feet to
an unmarked paint.
THENCE due North a distan,ce of '710.5 feet
�° ' and passing through the center line af a
b0 feet wide street ri9ht-af-way for street
_ canveyed to the City of Grapevine by the deed
recorded in Volurne 5228, page of said Deed
Records tc� a 1 inch iron;
THENCE Sauth 89 degrees 52-1/2 minutes East,
along the Southerly North lir�e of said 52-16jIfl4
acres tract, 1030 feet ta a 1/2 inch iron for
its Nort2aeast corner in said West Iine of the
ra.ght-of-way for FM Highway No. �.57;
THENCE South no degrees 11 minutes West
along said right-of-way line and the East
line of said 52-16/100 acres tract, at 230
feet pass the center line of said 60 feet
wide street right-of-way, and in all 710-
5/10 feet to the PLACE OF BEGINNING and
containing 16.799 acres of which 1 .419 acres
are within said 60 feet wide street right-
of-way leaving a net area of 15.38 acres;
which is presently zoned "R-1+�, ��R-3�� , and
_ . "C-2" under Ordinance No. 70-10, is changed
to "C-2" Community Business District.
TRACT (B) :
A part of the W.D. Shepherd Survey, Abstract
No. 1393, situated about 16-1/2 miles North
45 degrees East from the courthouse in Tarrant
County, Texas and embracing the portion of the
52-16/100 acres tract conveyed to Kenneth M.
Good, Trustee, by the deed recorded in Volume
4712, page 340 of the Tarrant County Deed
Records which lies within the 52-19/100 acres
tract described in the Deed to D.L. Ring et
al recorded in Volume 4056, page 547, of said
Deed Records;
FROM a 5/8 inch iron in the West line of the
right-of-way ;for FM Highway No. 157 for the
Southeast corner of said 52-16/100 and 52-19/100
acres tract and the Northeast corner of the
25 acres tract conveyed to D.L. Ring et a1
by the deed recorded in Volume 4034, page 193,
of said Deed Records and said iron being, by
deed call , North no degrees 12 minutes East
68-35/100 feet from the Northeast corner of
Lot 1 in Block "B" of' Los Robles Estates,
Section One, as said lot appears upon the
map recorded in Volume 388-38, page 69, of
said Deed Records;
THENCE South 89 degrees 53 minutes West along
the South line of said Ring, et al 52-19/100
acres tract and the North line of said Ring,
et al 25 acres tract ; at 246-45/100 feet pass
a 5/8 inch iran for the Northeast corner of
Lot 2 in said Block f'g" at 610-05/100 feet
pass a 5/8 inch iron for the angle point in
the North line of Lot 1 in Block "C" of said
Addition, at 1181-45/lp0 feet pass a 5/8 inch
,t � iron for the Northeast corner of the 0-883/1000
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acre tract conveyed to M.S. McKinnon by the
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deed recorded in Volume 4438, p�ge 924, of
said Deed Records, and in all 1030 feet to
an unmarked point for the PLACE OF BEGINNING;
BEGINNING a� the above mentioned unmarked point;
1HENCE South 89 degrees 53 minutes West, a
distance of 1 ,611 .6 feet to a 1-1/2 inch pipe
for the common West corner of said 25 acres
tract with said 52-19/100 acxes tra�t and
fox the Southwest cor�er of said Good 52-
16/lpp acxes tract i� the West line of said
Shepherd Survey and the East line af the
J.S. Byrd, Survey, Abstract No. 207, and
the East line of the 152-Ob3/1000 acres
tract conveyed ta Henry S. Miller, Jr. ,
Trustee, by t�e deed recorded in Volu�e
4645, page 651 , af s�id Deed Records;
THENCE North no degr�es 00-1/2 minutes West
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along said survey line and the common lines
of sa�.d Miller and Graod tracts at 666-5/10
feet pass the center Iir�e of the bQ feet wide
right-of-way for street conveyed to the City
of Grapevine by the deed recorded ira Vol,ume
5228, page 1 of said �eed Records and in all
110b-51�C1 feet to a 51� �nch iron for the
Nc�rthwest corner af �aid 52-16/1�0 acre� tract
az�d being 23Fi-1110 feet 5outk� fram the North-
east corner of said J.S. Byrd Survey;
THENCE a�.ong the Northerly line of said
52-1�,l�0o acres tract; North 89 degrees 51
minutes East 1275-2/10 feet to a 1/2 inch
i.ron; and South 89 degrees 54 ma.nutes East
304-8/10 feet to a 3/4 inch iron in the
middle flf a branch;
fiHENCE with said brax�ch: South 38 degrees
54 minutes East 80 feet to a 3/4 inck� iron;
South 54 de9rees 57 minutes East 74 feet to
an 3/4 inch iron; South 26 degrees 03 minutes
West 85 feet to a 3f4 inch iron; North 68 degrees
2'7 minutes West 90 feet to a 3/4 inch iron;
South 63 degrees 3I zninutes West 84-»8f20 feet
�o a .�/4 inck� iron; North 53 dec�arees 03 minutes
GVest 39-811Q feet to a 3j4 inch iran; Narth
43 degrees 2'7 minutes East 73-6/10 feet to a
baat spike; North 78 degrees West 94-8j1t} feet
to a 5/8 inch iron; �outh 9 degarees 48 minutes
West 77 fee# to a 5/8 inch iron; Sauth 78 degrees
32 minutes West 48 feet to a 1 inch iron; South
b degrees 32 minutes West 1f�3 feet to a I znch iran;
and South 15 degrees 42 minutes East 59-7/10 feet
to a 1 inch iran;
THENCE due South ?1Q.5 feet passing through the
center line of said 60 feet wide street right-
of-way and in aZl ?1C}.5 feet to the PLACE OF
BEGINI`dING� and containing approximately 35.379
grass acres af which 1.88 acres are within said
60 feet Uride street right-of-way leaving a net
of 33,499 acres;
�` which is presently zaned "R-1" , „R-2" , and "R-3r,
unde� Ordinance No. 70-1p, is changed ta '�R-3tt
Multa.ple-Fam�ily District.
TRACT (C) ;
A part of the J.S. Byrd Survey, Abstraet No.
207, situated at the Gity of Grapeva.ne, T�rrant
County, Texas and embracing a partian of the
149-9911pp acres tract descxibed in the deed
to Grapevine - 157 Corporation recorded in
Valume 5324, page 454 of the Tarrant County
Deed Rec�rds;
Commence at the Northeast caxner of said
Byrd Survey and the �outheast corner of the
W.D. Shepherd Survey, Abstract No. 1394 and
being in the East line af said 149-99/lp0 acres
txac� and then run South, along the East line
of said Syrd Survey and the East line of said
� ry. 149-99jlpq acxes tract, a distance of 236-ijlp
feet to a 5/8 inch iron �n the E�st side of a
corner past for the Narthwest carner af the
48-8�9/lOQO acres tract described in the deed
to Grapeuine - 1S7 Corp�xati�n recorded in Volume
5324, page 461 0� said Deed Recards, then can-
tinui�g a2ong the East line of said Byrd Survey
and the East line of said 149-99/100 acres tract,
South no degrees 00-1/2 minutes East 42� feet to
a 1 inch iron in the North line of a 60 feet wide
street right-of-way desczibed in the deed to the
Gity of Grapevine recorded in Volume 5228, page 6
of said �eed Recards, then run West, along said
N�rth line of 60 feet wide street right-��-way,
340 feet to a 1 inch iro� far the Southeast and
beginning corner of the tract being described;
THENCE continuing along said North right-of-way
line of 64 feet wide street, West 114?-74IlOa feet
�o a 5/8 inc� iron and �hen North 56 degrees
, 3Q mi�utes West 181-4I�Q feet to a 1 inch iron .
in the West line of said 149-99/100 acres tract
and in the East line of the 94-?471�a4Q acres
txac� described in the deed to Grapevine - 157
Carporat�on recorded in Volume 5324, p�ge 468
of said Deed Records;
THENCE Noxth, along said West line of 149-99/100
acres tract and �he East li�e of said 94-747/1Q04
acres tract, 309-9/10 feet to a 1 inch iron;
THENC� East, 1299 feet �o a 1 inch iron;
THENCE South no degrees 00-1/2 minu�es East at
220 feet pass a 5l8 inch iron and in all 41.Q feet
�o the PLACE OF BEGINNING and containin►g 12-052/1000
acres; surveyed in May, 19?3;
which is presently zoned ��R-2" and "R-3" under
Qxdinance No. 70-10, is changed to '�SP" Specifa.c
Use Permit District { residential - t7) units
a per acre of ].ess) .
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`� SECTION 2. The City Manager is hereby directed to corxect
tl�e afficial zcanine� map of the City of Grapevzne, Texas,
ta areflect the herein change in zcaning.
SECfiZQN 3. That in all other respects the use of the tract
or tracts af land herein above described sha31 he subject
to aI1 the applicable xegulations �c�nraineci in said City of
Grapevine xoning ordinanca and a11 atheX a��liGable and
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pertinent ardinances of the City af G�'�{�evine, Texas.
� SECTION 4. 2hat the zoning regulation� and districts as
� herein estahlished haue been made in accordance with the
comprehensive plant for the purpose of prc�moting hea;Ith,
� safety, marals and the general welfare of the community.
:� They have been designed, with respect to botn pzesent
"''� canditior�s and the conditic�ns reasQnably anticipated to
exist in the foreseeable future, tcs lessen conges�ion in
the streets; to secure safety from fire, panic, flaod and
other dangers; provide adequate light and ai.r; to pr�vent
over-crowding of land, ta avc�id undue concentration of
population; :Eacilitate the adec�uate provisions of trans-
portatiar�, water , sewerage, drainage and surface water ,
� parks and othex public requirements, �nd to make adeq,uate
� pravisior�s for the normal business, cammercial needs and
developxnent of the comznunity. They have been made with
reasonat�le considezation, among o�her things of the
chaxacter af the district, and its ; peculiar suitability
�,� �'or the particu3ar uses and with a view of conserving
� the vaiue of buildings and encouraQing the most apprc,priate
`� use of land th�caughout the cammunity.
SEGTION �. This ordinance shall be cumulative of all
other ardinances of the City of Grapevine, Texas, affecting
�' xoning and shall not repeal any af the provisions of said
�x ardina�zces except in thase instances where provisions of
those ordinar�ces which are in direct canflict with the
� provisions of this . ordinance.
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` SECTION 6. That the terms and provisions of this
�Y ordinance shall be deemed to be severable and that if
'� the validity af the zaning affecting any partic�n of the
tract c�r tracts of land described herein staall be declared
to be invalid, the same shall nat affect the vaiidity of
the zoning of the balance of the tract or tracts of land
descxibed hexein.
SECTION 7. That a.ny person, firm or corporation violating
' any of the terms and prc�visions of; this ordinar�ce shail be
'`��� subject to the same penalties pxovided for in Qrdinance
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No. 70-10, Zoning Ordi.nance of ttae City af Gzapeviane, Texas.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ON FIRST READING, this the 3rd
�Y of Julv , 1973.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ON SECOND AND FINAL READING, this the
17th �Y �f Julv , 1973.
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MAYOR
ATTEST:
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CITY SECRETARY --
,.�,�:Y
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY