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HomeMy WebLinkAboutORD 1987-023 ORDINANCE NO. 8 7-2 3 AN ORDINANCE ANNIENNDING ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF TF� CITY OF GRAPE�IINE, TEXAS, SAN1E BEING ALSO KNOWN AS APPENDIX "D" OF TI� CITY CODE OF C,F2APEVINE, TEXAS, GRAN'I'ING A ZONING CHANGE ON A TRACT OF I�ND DESCRIBED AS BEING A ���• I�OT, TRACT, OR PARCEL OF LAND LYING AND BEING SITCTATED IN TARRANT COUN'T'Y, TEXAS, BEING A PART OF THE W. DRISI�LZ SURVEY, �,, ; ABSTRACT NO. 405; THE J. H. HUGHES SURVEY, ABSTRACT NO. 822'�; AND THE G. M. B�,T, SURVEY, ABSTRACT NO. 234, IN THE CITY OF GRAPEVINE, TEXAS, MORE FCTLLY AND COMPI.�'I'ELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN Tf� USE OF SAID PRO- PERTY FROM "R-TH" 'I'OWi�HOME ZONING DISTRICT TO "R-7.5" SINGLE-FANIILY DWEL.LING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RFF2I�TING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INI'ERESTS, NIORALS AND GENERAL WE7�'ARE DEMAI�TD A ZONING CHANGE AND ANIII�IDMELVT �RFIN MADE; PROVIDING A PENALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DO�ARS ($1,0 00.0 0) AND A SEPARATE OFFEEI�TTSE SHAL�L BE DF.ED�D COMMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN F�ZGENCY Wf-IERE',AS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning �y, Comnission 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, Wf�REAS, 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 inunediately 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 i�nediate 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, `'�"4� effect on the promotion of health and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation, water, �� se�rage, schools, parks and other facilities; and, WI-iEREAS, 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 pranotion of health and the general welfare, 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, Wf�REAS, the City Co�cil 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, WHEREA.S, 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 amenchnent, 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, ,� Wf�RF,AS, the City Council of the City of Grapevine, Texas, does find that the change in zoning lessens the congestion in the streets, helps secure safety fran fire, panic and other dangers; prcgnotes 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, Tf�REF'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXA.S: Section l. 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 in that the use of the following described property, to-wit: Being a tract of land out of the W. Driskell Survey, Abstract No. 405; the J. H. Hughes Survey, Abstract No. 8222; and the G. M. Bell Survey, Abstract No. 234, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-TH" Townhome Zoning District is hereby changed to "R-7.5" Single-Family Dwelling 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 ordinance 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 pranoting health, safety, mprals 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, �r to lessen congestion in the streets; to secure safety fran fire, ganic, 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, sew�erage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and develognent of the comnunity. 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 co�nunity. Section 5. This ordinance shall be ciunulative 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 which 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 descri.bed 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 descri.bed herein. � Section 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan su�mitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or gart thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the cammission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordinance through civil court action as provided by state law. 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 i�nediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcgn and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of May , 1987. APPROVED: Mayor ATI'EST: City ecretary �_� APPROVED AS TO FORM AND LEGALITY: � � City Attorney EXHIBIT "A" TO ORDINANCE NO. 87-23 FIELD YOTES (Proposed R-7.5 Zoning) All that Certain lot, tract. ar parcel ol land in the J.H. Hu¢hes Survey, Abstract 822-1/2 (202g) ; Mf. Driskell Survey, ADstract 305; and G.M. Bell Survey. Abstract 234, all in Tarrant County, Te�as, being portlons of those Certain traCts Co�veyed to Bear Run Jo1nt Venture by deeds recorded in Volume T985. Page 563. and Volume 8089. Page 374 h 378, all in Deed Records, Tarrant County, Texas (D.R. , T.Co. , ix. ) , portion of Hear Run - Phase I Addition, Grapevine. Tarrant County, Texas, and beine ■ore particulariy described by metes and bounds in, ant tract as follors: ti BEGIYNIYG at a 5/8 inCh iron steel rod fou�d for the com�on Southea:t corner of Lot 7. Block 1. 8ear Run - Phase I, according to the pla[_ recorded !n Volume 388_176. Page 6. Plat Records. Tarrant County, Te:cas. �'� and the Northeast corner ot a 5.10 acre tract (remainder) conveyed to � Love. Henry. MCAllister Properties, Inc. . Group M-14 by deed recorded in Volume 6491, Page 681, D.R. . T.Co. , Tr. ; THENCE departing said �o�emon Corner and crossing an alley, North 89 degrees 44 minutes 52 ae�onds East, 20-0/10 feet to a point for Corner in the East line oP said ailey; THEVC� with sald East line. :iorth 00 degrees 07 minutes 15 seconds West, 206-96/100 feet to the beginning of a curve to the right, having a radius oC 90-0/30 feet; THEYCE Yortheasterly with the arc oP said curve to the right. 31-54/100 feet to Sts intersection vrith the curved South right-oC-way (R/W) line o[ Bear Run Drive; i 2HE:7CE crossing said Bear Run Drive, North 29 degrees 57 olnutes 23 aeconds East. 30-34/100 feet to a point !n the curved North R/W line of Hear Run Drive, whose iradlus point bears South 28 degrees 10 sinutes 38 seconds West, 427-41/100 Ceet: I THEYCE with said �orth R/M line of Bear Run Dcive, the Pollowing: Southeasterly with tAe arc oP said curve to the ri�ht, 64-60/100 feet to the end of said curve; Suuth 55 degrees 09 minutes 38 seConds East. 103-64/100 feet to the beginning oC a curve to the left, having a radius of 2232-i9/100 feet: Southeasterly with the arc of said curve, 298-24/300 feet to the end ot said curve: South 62 degrees d6 minutes 03 seconds East, 312-50/100 feet to the beginning oC a curve to Che lePt, having a radius of 324-84/100 feet: Southeasterly With the arc of said curve. 197-92/100 leet to the end oP said curve: Yorth 82 degrees 19 minutes 25 seconds East, 123-00/100 Peet to th: beginning of a curve to the right, having a radius of 202-76/100 Peet; Easterly with the arc ot said curve, 224-71/100 feet to the end cf said curve: South 34 degrees 10 minutes 35 seconds East. 265-SS/100 feet to a 5/8 Snch steel rod tound at the Aost Easteriy Corner and present East end of 8ear Run - Phase I , and beginning of Bear Run Drive Extensian and beginning of a curve to the left, having a radlus of 877-00/300 Peet; Southeasterly with the arc of said curve, 252-51/100 feet to the end of said curve; �• South SO degrees 40 ainutes 24 seConds East. 486-94/100 feet to the beginning ot a curve to the right, having a radius of 128-74/300 leet; THEDiCE departing aaid Bear Run Drive Extension, the follorin¢: South 61 degrees 26 ■Lnutes 24 seConds East. 207-46/100 teet to a polnt; South O1 degree O6 ainutes 49 seconds fiest, 88-63/100 leet to a point in a present North line of R-7.5 Zoning (29.079 aCre) tract; �,,,�„ North 81 degrees 26 ■inutes 24 seconds East with said North line. � 343-68/100 feet to a S/8 inch steel rod at the aost northerly F Northwest corner of said tract: ` South O1 degree OB sinutes 47 seconds West, 430-00/100 feet to a S/8 � inch steel rod in its present East line and an ell corner oP a 101.488 acre tract; THEYCE departin¢ said R-7.5 tract and with a line common to said 301.488 aCre end thls tract, the [ollowing: South 89 degrees 45 sinutes il seconds West, 638-SS/100 feet: North 00 degrees 20 ainutes O6 seconds West, 923-91/100 feet; Yorth 89 degrees 57 ■inutes 43 seconds West. 1144-07/100 feet: and North 00 degrees 07 �inutes 15 seconds West, 451-57/300 feet to the place of beginning and concainine in all saae 24.858 acres of land.