HomeMy WebLinkAboutORD 1985-009 ORDINANCE NO. 8 5-0 9
AN ORDINANCE AN�NDING ORDINANCE NO. 82-73,
THE COMPREEIENSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TE�A.S, SAME BEING ALSO
KNOWN AS APPIIVDIX "D" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF I�1I�]D DESCRIBED AS BEING A
TAT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITIJATID IN TARRANT COUNr!'Y, TEXAS,
BEING A PART OF THE THOMAS MAHAN SURVEY,
Af3STRALT N0. 1050, IN 'I'�iE CITY OF GRAPE-
VIlVE, TEXAS, MORE F2JLLY AND COMPLEI�LY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN TI� USE OF SAID
PROPER'I'Y FROM "R-3.5" TWO-FAMILY DWELZING
DISTRICT TO "R-TH" TOWNHOUSE ZONING DIS-
TRICI'; CORRF.CI'ING THE OFFICIAL ZONING MAP;
PRESERVING AI� 0'I'HER PORTIONS OF TI� ZONING
ORDINANCE; PROVIDING A CLAUSE RELIITING TO
SEVERABILITY; DEI�RMINING THAT Tf-iE PUBLIC
INTERESTS, MORALS AND GENERAL WEL�ARE
DEM�TD A ZONING CHANGE AND ANIENDMENT
THEREIN MADE; PROVLDING A PE[QALTY NOT TO
EXCEID Tf-iE SUM OF ONE THOUSAND DOT,T,ARS
($1,000.00) AND A SEPARATE OF'FENSE SHALL BE
DEII�D COPM'IITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARITIG AN
ET�RGII�tCY
4�I�REAS, applications were made to amend the Official Zoning Map, City of
Grapevine, T�as, by making applications for same with the Planning & Zoning
�"'�' Canmission 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
�� require�nents, conditions and prerequisites having been complied with, the case
having came before the City Council of the City of Grapevine, Texas, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
W'HEREnS, the City Council of the City of Grapevine, Te�as, at a public
hearing called by the City Council did consider the followi.ng factors in
making a determination as to whether these requested changes should be granted
or denied; safety of the mptoring public and the pedestrians using the
facilities in the area i.�tediately surroundi.ng 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�diate neighborhood, adequacy of parking as determined by
require�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 prcanotion 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 otYier facilities; and,
�, WI�REP,S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Co�cil of the City of Grapevine, Texas, did
consider the following factors in making a deterntination 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, 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,
WI�S, 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,
Wf�EAS, 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 investinent was made; and,
W�S, the City Council of the City of Grapevine, Te�as, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety fram fire, panic and other dangers; prccnotes health and the general
w+elfare; 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,
��1HEREAS, the City Council of the City of Grapevine, Texa.s, has deternnined
that there is a necessity and need for this change in zoning and has also
found and deternnined 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�s, and helps pranote the general
health, safety, and welfare of this con�nunity.
NOW, THERE�"ORE, BE IT ORDAINID BY TF� CITY COUNCIL OF Tf� CITY OF
GRAPEVINE, 'I'EXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
�`"�' Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the
,� same is hereby anuended and changed. in that the use of the following described
property, to wit:
Being a tract of land out of the Thanas Mahan Survey, Abstract No. 1050,
in the City of Grapevine, Tarrant County, Texas, more fully and ccx�letely
descri.bed in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-3.5" 'I�-Family Dwelling District is hereby changed to
"R-TH" Tawnhouse Zoning District, alI 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 otYier 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 co�nprehensive plan for the
purpose of prompting health, safety, morals and the general w�elfare of the
�" comminity. 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
'w�„r 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 requir�nents, and to make adequate provisions for the
normal business, com�ercial needs and develo�vent of the community. They have
been made with reasonable consideration, ampng 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 camnunity.
Section 5. This ordinance shall be cturnzlative of all other ordinances of
the City of Grapevine, Texas, affecting zoning and shall not repeal any of the
provisions of said ordinances e�ccept 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.
ii�,,, 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 sukxni.tted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fi.ne of not more
than one thousand dollars ($1,000.00) , and each day such violation shall be
perm.itted to exist shall constitute a separate offense. The awner or awners
of any building or premises, or part thereof, where anything in violation of
this ordinance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation �nployed in connection therewith,
and who may have assisted in the catmission 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 paaer 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, m�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texa.s, creates an ezrergency for the i�mediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective frcgn ancl after the
�' �` date of its final passaqe, 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 Februazy, 1985.
APPRfJVID:
�/�'
.
Mayor
A'ITE.ST:
City Secretary
��
APPROVED AS TO FORM AND LEGALITY:
City Attorney
EYHIBIT "A" TO
Ir ORDINANCE NO. 85-09
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FLELD NO'I'ES
�,. .„ BLING 8 . 26�1 acres of land situated in the THOMAS ��IAHAN �U1tVEY,
Abstract #1050, Tarrant County, T�xas , said 8 . 264 acres being
trie same tract of land conveyed to 666 Park , Inc . in Volume 7�:�99 ,
� � Page 79 , Deed Records, Tarrant County, Texas , and being more p�r-
ticularly described by metes and bounds as follows ;
BEGINNING at a '-2" iron rod, the northeast corner of Brooksida
Addition, an Addition to th; City of Grapevine, recorded in Vol-
ume 388-121, Pa<�e 85 , P1 �L- R�corcl:: o!= T�i►-r�inL- C�unty, '1'�::;.���;
THENC�' S 39° 30 ' W, a distance ot 640 . 41 teet to a Z" iron rod
in ttie �asterly right-of-w�y line of Park Boulevard;
TH�;NCE rl 00° 37 ' 13" E, along said easterly right-of-�aay line ,�
a distance of 191 . 59 feet to a 2" iron rod, the beginni.Zg oi �
non-tangent curve to the ric�ht wii.h a radius of 1410. 10 feet
and whose long chord bears N 07° 56 ' 45" E, 362. �6 feet;
TIfENC�: along said easterly right-of-way line, with said curve ,
in a northeasterly direction, through a central angle ot 14° 45 '
52" , an arc distance of 363 . 37 feet to a z" iron rod, the end ei
said curv�:;
`i'FILNCE N l�° 29 ' 07" E, along said easteriy right-of-way iine
27_ 03 feet to a �" iron rod the northwest corner of the rerein
s desc�ibed Lract;
� TII�r::�E N 89° 37 ' 12" E, a distance of 581 . 15 feet to a 3/1 " iron
rod, th� northeast corner of said tract;
TII�NCE S 00° 00 ' 48" W, a distance of 574 . 78 feet to the FQINI' OF
}3i:G1NNING and containing 8 . 264 acres of land.
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