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HomeMy WebLinkAboutORD 1984-005 ORDINANCE NO. 84-05 p�1 ORDINANCE AMENDING ORDINANC� N0. 70-10, Tf� CONIPREE�TTISIVE ZONING ORDINANC� OF � CITY OF GRAPEVIlVE, TFX�.S, SAME BEING ALSO RN(7[n71�T AS APPENDIX "A" OF Tf� CITY CODE OF GgApEVINE, TEXAS, GRANTING A ZONING C�il�I�TGE ON A TRACT OF I�IVD DESCRIBID AS BEING A IpT, TRACT, OR PAR�EL OF I�ND LYING AND BEING SITCTATED IN TARRAP�I' COUNTY, TEXAS, BEING A PA1�I' OF Tf� PARRA LII�IDA ESTATES SUBDIVISION, PHASE III IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLEI�L,Y DESCRIBID IN Z�IE BODY OF THIS ORDINANCE; OFtDERING A CHANGE IN THE USE OF SAID PRO— PEItTY FROM "R-2" ZWO FAN�LY DWEL,LLING DIS— TRICT UNDER ORDINANC� NO. 70-10 TO "R-7.5" SINGLE—FAMILY IxdELLING DISTRICT UNDER ORDINANCE N0. 82-73; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL O�I'FiER PORTIONS OF i'HE ZONING ORDINANCE; PROVIDING A CI,AUSE REI�TING TO SEVERABILITY; DETER— MINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DII�ND A ZONII�IG CHANGE AND AMII�IDN�I' TfiEEtEIN MADE; PROVIDING A PE�IALTY NOT TO EXC� THE SUM OF ONE TfiOUSAND DOLL�R.S ($1,0 0 0.0 0) AND A SEPARATE OFFENSE SI�LL BE DEF1�'�D COMMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN IIKERC�NCY WHEREE'�S, applications were made to amend the Official Zoni.ng Map, City of Grapevine, Texas, by making applications for same wi.th the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zonir.g ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case havina c�r.�: before tnz �ity Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and, [1��S, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follawing 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 in�diately 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 e_xpected to be generated by the proposed use around the site and in the imnediate neighborhood, adequacy of parking as determined by re�uirements 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 promr�tion 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, � i WI�REAS, 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 fram same, the effect on the pranotion of health and the general welfare, effect on adequate light and air, the effect on the overcra�cling of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, ���-IF�2EAS, 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 consezve the value of buildings, encourage the most appropriate use of land throughout this city; and, WI�REI�.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 �mencfi�nt, that the zoning changes do not unreasonably invade the rights of those who bought or im�roved property with reference to the classification which existed at the tiure 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 from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the avercravding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, u1HEREI�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, Texas, and helps promote the general health, safety, and welfare of this conununity. NOW, '1��EREFORE, BE IT ORDAINED BY � CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Cornprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also knawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the follaaing described property, to�ait: Being Lots 1 through 6, Block 8 and Lots 1 through 11, Block 9 of the Parra Linda Estates Subdivision, Phase III, to the City of Grapevine, Tarrant County, Texas, which, in accordance with Con�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-2" 'hao-Family Dwelling District is hereby changed to "R-7.5" Single-Family Dwelling District in accordance with Co�re- hensive Zoning Ordinance No. 82-73. 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 promoting health, safety, mr�rals and the general welfare of the co�riunity. 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 fram fire, panic, flood ;� and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of papulation; facilitate the adequate provisions of transportation, water, sewerage, drainaqe and surface water, parks and other public requirements, and to make adequate provisions for the normal business, comnercial needs and develo�nt of the commurzity. 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 encouragi.ng the most appropriate use of land throughout the conmunity. •s 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. 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 requirements thereof, or who shall build or alter any building or use in violation of any detailed stat�nent or plan submitted 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 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 em�loyed in connection therewith, and who may have assisted in the comnission 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 pawer 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 in�nediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from 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 ��L day of F �,�,a7-�, , 1984. APPRCNID: W �. Mayor ATTFST: Cit Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney