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HomeMy WebLinkAboutORD 1988-053 ORDINANCE NO. 88-53 AN ORDINANCE ANIENDING ORDINANCE NO. 82-73, TI� COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING AISO KNOWN AS APPEL�DIX "D" OF � CITY QODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF I,AND DESCRIBED AS BEING A � IAT, TRACT, OR PARCEL OF I�ND LYING AND BEING SITUATED IN TARRANT COUN'i'Y, TEXAS, BEING I�OT E, B7ACK 42 OF THE ORIGINAL Z'OWN �,, OF GRAPEVINE ADDITION (ALSO KNOWN AS 627 BELLAIRE DRIVE) , IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-TH" TOWNHOUSE DISTRICI' REGUI,ATIONS TO "R-5.0" ZERO LOT LINE DISTRICT REGUI�ATIONS; CORRECTING TI� OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A CLAUSE REI�ATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GF:nTFRAT, WELFARE DII�IAND A ZONING CHANGE AND ANIENDMEN`I' �RFIN MADE; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF � THOUSAND DOT,TARS ($2,000.00) AND A SEPARATE OFFENSE SHAIZ BE DEII��ED COMMIT�ID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCiJRS Wt�REAS, applications were made to amend the Official Zoning Map, City of n Grapevi.ne, T�as, by making applications for same with the Planning & Zoning Conanission of the City of Grapevine, Texas, as required by State statutes and the zoning ardinances 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, WI�REA.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 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 .i�iediately 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 immediate 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, effect on the prcxnotion 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, garks and other facilities; and, `"�"'' WHEREAS, 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 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, Wf�RFA.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�REAS, the City Council of the City of Grapevine, T�as, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amenclment, 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 t�me 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 overcrowding 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 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, T�as, and helps promote the general health, safety, and welfare of this community. NOW, TfiEREF'ORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TI� CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also ]mown 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�ait: Being Lot E, Block 42 of the Original Tawn of Grapevine Addition (also known as 627 Bellaire Drive) , 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" Townhouse District Regulations is hereby changed to "R-5.0" Zero Lot Line District Regulations, 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 promoting health, safety, m�rals and the general welfare of the comrnuiity. 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 �' 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 requirements, and to make adequate provisions for the normal business, commercial needs and de�elo�anent of the community. 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 cumulative 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 comply therewith, or with any of the requirements thereof, or who shall build or alter any buildi.ng or use in violation of any detailed statement or plan sukmitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than two thousand dollars ($2,000.00) , 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 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 c�ssion 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. PASSID AND APPROVED BY THE CITY COUNCIL OF Tf-� CITY OF Q21�PEVINE, TEXAS on first reading on this the 16th day of August , 1988. PASSID AND APPROVED BY THE CITY COUNCIL OF Tf� CITY OF GRI�PEVINE, TEXAS � � on second reading on this the 6th day of September . 1988• �� APPROVID: �.,i*' .-,�LdI.�- Mayor AZ'1'FST: City Secre APPROVED AS 'PO FORM AND LEGALITY: �� � �-��� �'>��� City Attorney � EXHIBIT "A" TO ORDINANCE NO. 88-53 " � � .. L� � lSUU � �SS.',• ' , . - . . .. . . . , __.� . � ._ . :. a� 2 6 �gss � �. ��.��:: .,: '�" THE STATE OF TEXAS X • � � ' ��1,i59 COUNTY OF TARRANT j � ! • We, MAMIE THOMASON SPINKS,. the aurviving widow of.J. A.! .. , � . SPINKS, deceasedj VIRGIL A, DIAL and wife, .WANDA DZAL, HOMER R. BEAR.. , . • 'r, and wife, GLADYS L. BFAR, HARRY VELTE and wife, LILLIE M. VELTE, and� ' L. E. DEACON, the owners of the following described property: � . � ' A part of a subdivision of Block 42 and a Fart of Block ' � •• 24, City of Grapevine, Tarrant County, Texas, described ` . ' 2�y�metes and bounds es follows: � . . , � - Beginning at an iron in the north line of Hudgins Stxeet, being the southwest corner of Lot 2, Block 24, City of � Grapevine, Texas_ � • Thence along the north line of Hudgina Street north 89 degrees west 164.3 feet to an iron in the east line .of • Barager Lane. :. • • Thence along the east line of Garager LinQ north. l degree 22 minutes east 200 feet to an iron. • "- Thence north i degree east 162.3 frnet to a point in the south line of College Street, said point being 211.2 feet east � �`"� • and 1668.7 feet south of the northwest corner of the William Dooley Survey. . , � � Thence along the south line •of College Stre�t north 88 degreea 58 minutes east 259.3 feet to an iron. . Thence eouth 0 degrees 48 minutes weat 186.6 feet to an iron _ in the north .line of Lot 2, Block 24. � � Thence north 89 degrees west 99.16 feet to a poat� the northwest corner of eaid Lot 2. � Thence aouth 0 degreea 48 minutea west 189.5 feet to the . place of beginning. ,, . • . . _ . do heraby adopt the attached map or pl'at as eorrectly ahowinq our plan for aubdividing eaid property into lote to be known aa A. B and C � � • . .. • �^ . . .\ � , , . . . . - . �.,.. . . • i�.• , . . . •� , � . , :,��*�a - . T l��. � - . , ... i . .. ���t� . , �. iit'��'30 �''p' . . . . . � • �--- . . ..... . ... ._..... ^ -—^ � �� lpprorsa tS=-/-7 . �]9fiB