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HomeMy WebLinkAboutORD 1985-010 012DINANCE NO. 8 5-10 AN ORDINANCE AN�NDING ORDINANCE NO. 70-10, THE COMPREI�tSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEX11S, SANIE BEING AISO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A I�OT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARRANT COUNTY, TEXAS, BEING A PART OF THE H. D�E�2 SURVEY, � ABSTRACT NO. 438, IN Tf� CITY OF GRAPEVINE, TEXA.S, MORE FULLY AND COMPLEI'ELY DESCRIBED IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-3" MULTI-FAMILY DWELLING DISTRICT UNDER ORDINANCE NO. 70-10 TO "GU" USE DISTRICT UNDER ORDINANCE NO. 82-73, AS AMIIVDED; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PR(7VIDING A CI�USE RELATING TO SEVE'f2F�BILITY; DETERMINING THAT THE PUBLIC INTERESI'S, MORAI�S AND GIIQERAL WELFARE DEMAND A ZONING CHANGE AND AMII�]D- MEN`I' TE�REIN MADE; PROVIDING A PENALTY NOT TO EXCEm Tf� SUM OF ONE THOUSAND DOT,T,ARS ($l,000.00) AND A SEPARATE OFFETTISE SHAI�L BE DEII�9ED CON�iITTID UPON EACH DAY DLIRING OR ON WHICH A VIOLATION OCCURS; AND DECI�ARING AN II�'IERGENCY WF�RE'.AS, applications were made to am�end the Official Zoning Map, City of � Grapevine, Texas, by making applications for same with the Planning & Zoning 6 Canm.ission of the City of Grapevine, Texas, as required by State statutes and � the zoning ordinances of the City of Grapevine, Te�as, and all the legal requirezn�ents, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Te,xas, after all legal notices requireqnents, conditions and prerequisites having been complied with; and, W�S, the City Council of the City of Grapevine, Texas, 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 motoring public and the pedestrians using the facilities in the area imnediately surrounding the site; safety frcxn 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�enediate neighborhood, adequacy of parking as determuzed by requir�nts 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 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�REAS, the City Council of the City of Grapevine, Te�s, 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 prcanr�tion 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, WHEREI�S, the City Council further considered among other things fihe 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�REAS, the City Council of the City of Grapevine, Texas, dces 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, 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 frcan fire, panic and other dangers; pramptes health and the general welfare; provides adequate light and air; prevents the overcrowcling of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�REA.S, the City Council of the City of Grapevine, Texas, has deternlined 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�s, and helps pranote the general health, safety, and welfare of this cammunity. NOW, THER�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� 'I'EXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Ccenprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also ]mawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the san�e is hereby amended and changed in that the use of the following described property, to-wit: Being a tract of land out of the H. Decker Survey, Abstract No. 438, in the City of Grapevine, Tarrant County, Texas, m�re fully and ccanpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-3" Multi-Family Dwelling District i.n accordance with Ordinance No. 70-10 is hereby changed to "GU" Governmental Use District in accordance with Ccxnprehensive 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 ccnnprehensive plan for the purpose of prc�ting health, safety, morals and the general welfare 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 fixe, panic, flood ,,,�, and other dangers; provide adequate light and air; to prevent overcro�ading 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 busi.ness, con��ercial needs and develo�anent of the camnunity. They have been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the pa.rticular 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 de�ned 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. � 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 requirenuents thereof, or who shall I�uild or alter any building or use in violation of any detailed state�vent or plan su�xnitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not mpre than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The a�mer or owners 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 employed in connection therewith, and who may have assisted in the ccxrmission 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, Te�.s, creates an emergency for the inunediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective fram and after the date of its final passage, and it is accordingly so ordai.ned. PASSID AND APPRUVID by the City Council of the City of Grapevine, Texas on this the 19th day of February, 1985. APPROVID: � Mayor ^ ATI'FS7.': ��.Lt���.Lt.vt� City Secretary APPROVED AS TO FORM AND LEGALITY: � � City Attorney EXHIBIT "A" TO ORDINANCE NO. 85-10 CITY PARCEL NO. 148 CITY-INSTIGATED REZONING BEING a tract of land in the City of Grapevine, Tarrant County, Texas, and being more particularly described as fol- lows: � BEGINNING at a point on the west line of the H. Decker Survey, Abstract No. 438 , said point being 320. 0 feet, more or less, north of the southwest corner of said survey; THENCE northerly, along the west line of said survey, a distance of 520 . 0 feet, more or less, to a point; THENCE easterly, a distance of 210 . 0 feet, more or less, to a point; THENCE northerly, a distance of 40 . 0 feet, more or less, to a point; THENCE northeasterly, a distance of 1150 . 0 feet, more or less, to a point; THENCE northwesterly, a distance of 220 . 0 feet, more or less, to a point; THENCE northeasterly, a distance of 340 . 0 feet, more or ,�.. � less, to a point; THENCE southerly, a distance of 1920. 0 feet, more or less, „��;� to a point on the north line of the G. B. Knight Survey, Ab- stract No. 898 ; THENCE westerly, with the north line of the G. B. Knight Survey, a distance of 1030 . 0 feet, more or less, to a point; THENCE northerly, a distance of 320 . 0 feet, more or less, to a point; THENCE westerly, a distance of 280 . 0 feet, more or less , to a point on the west line of the H. Decker Survey, Abstract No. 438 , said point being the POINT OF BEGINNING.