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HomeMy WebLinkAboutORD 1985-004 ORDINANCE NO. 8 5-0 4 AN ORDINANCE ANIENDING ORDINANCE NO. 82-73, THE COMPREfiII�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXA.S, GRANI'ING A ZONING CHANGE � ON A TRACT OF I,AND DESCRIBID AS BEING A ,� I�7!', TRACI', OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE METROPLACE I ADDITION � TO Tf� CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COD�LEI�LY DESCRIBID IN Tf� BODY OF THIS ORDIN�INCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY F'ROM "PID" PLANrTID INDUSTRIAL DISTRIGT TO "CC" COMMiJNITY COrM�1�IAL DISTRICT; CORFtE�.PING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONIIvG ORDINANCE; PRO�TIDING A C�P,USE REL�P,TING TO SEVERABILITY; DE`I�R- MINING Z'HAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMELVDN�iV'r THEREIN MADE; PROVIDING A PENALTY NOT TO F�CF�D 'I'HE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OF�'ENSE SHALL BE DEEN�D COMMI'T'1'ID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II"IERGENCY W'F�REAS, applications �re made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications tor same with the Planning & Zoning Ccmmission 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 requirezrents, conditions and prerequisite� having been ccnnplied 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 canplied with; and, ViiHERE1�.S, 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 deterntination 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 �anediately surrounding the site; safety fram fire hazards and measures for fire control, protection of adjacent property fran flood or water damages, noise producing ele�nts 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 in�lediate neighborhood, adequacy of parking as defiermined by requir�nents 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 prc�nntion 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, sewerage, schools, parks and other facilities; and, WF�S, the City Council of the City of Grapevine, Texas, at a public i�,,, 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 fram sam�e, the effect on the prc�notion 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, WHERF�S, the City Council further considered ampng 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, WHERF,AS, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the zoning change, that the public dem�ands 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 invest�ent was made; and, � WHEREAS, 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 from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and aix; prevents the overcrawding of land; avoids undue concentration of population; facili-tates the adequate provisions of transportation, water, sewerage, schools, garks and other public requir�nents; and, WHEREAS, the City Council of the City of Grapevine, Te�as, 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, Te.xas, and helps pr�ote the general health, safety, and welfare of this c�iity. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF Tf� CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the �"`� Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Append� "D" of the City Code of Grapevine, Texas, be, and the � san�e is hereby amended and changed in that the use of the following descri.bed property, to wit: Being a tract of land in the City of Grapevine, Tarrant County, Texas more fully and canpletely described as Lot 1, Block 6, Metroplace I Addition, which was previously zoned "PID" Planned Industrial District is hereby changed to "CC" Ccx�nunity Commercial 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 i:z a:1:1 c�1��lE'Y' T"E�sF��cts 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 c�nprehensive plan for the purpose of pramoting health, safety, nx�rals and the general w+elfare of the canmunity. 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 frcan fire, panic, flood P and other dangers; provide adequate light and air; to prevent overcrowding of V1r„r Iand, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requixements, and to make adequate provisions for the normal business, commercial needs and development of the co�nunity. 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 ctunulative 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 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. �µ:A Section 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to ccxnply therewith, or with any of the �, requirezr�ents thereof, or who shall build or alter any building or use in violation of any detailed state�nt or plan sul�nitted and approved hereunder, shall be guilty of a misdemeanor and sha.11 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 awner or awners of any building or pre�n.ises, or part thereof, where anything in violation of this ordinance shall be placed or sha.11 exist, and any architect, k�.iilder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the camlission 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 Iaw. 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, Te�as, creates an emergency for the inm�diate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall became effective frcan and after the date of its final passage, and it is accordingly so ordained. '�""'"� PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on this the 15th day of January, 1985. �.� APPROVID: Mayor ATI�'.ST: t� City Secretary APPRWED AS Z+O FORM AND LEGALITY: � � V�,�r City Attorney