HomeMy WebLinkAboutORD 1988-036 ORDINANCE NO. 88-36
AN ORDINANC� ANIENDING ORDINANCE NO. 82-73,
Tf� �MPREF�TSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAN1E BEING AISO
i�TOWN AS APPENDIX "D" OF � CITY CODE OF
GRAPEVINE, TEXAS, GRANI'ING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
I�OT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARRANr COUNTY, TEXAS,
BEING LOTS 1-54, BLOCK l; LOTS 1-38,
w _ BLOCK 2; AND LOTS 1-29, BLOCK 3 OF THE
BANYAN PLAC� SUBDIVISION; IN TI� CITY OF
GRAPEVINE, TEXAS, MORE F'ULLY AND COMPLETELY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN Tf� USE OF S�AID
PROPER'I'Y FRCX�I "R-TH" TOWNHOUSE DISTRICT
REGUL�ATIONS TO "R-5.0" ZERO I�OT LINE
DISTRICT REGUI�ATIONS; CORRECTING Tf�
OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A CL�AUSE RELATING TO SEVERABILITY;
' DE`I'ERMINING THAT THE PUBLIC INTERESTS,
, MORALS AND GENERA.L WELFARE DEMAND A ZONING
CHI�TGE AND �1ME[�TDMIIVT THEREIN MADE;
PROVIDING A PENALTY OF FINE NOT 'I�0 F�XCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
FOR EACH OFFENSE AND A SEPARATE OFFENSE
SHALL BE DEII�� COMMITTID UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS OR
CONTINUES AND PROVIDING AN EFFF�CTIVE DATE
� � Wf�REA.S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
�.,.,.�> Comnission 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
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,
WHEREAS, 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 �.mmediately 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 i�anediate neighborhood, adequacy of parking as deterniined 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 pr�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,
�`''` sew�erage, schools, parks and other facilities; and,
Wf-IEREAS, 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�REA.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�REA.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 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,
$ WI�REAS, 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, ganic 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, sew�rage, 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 Grapevi.ne, Texas, and helps promote the general
health, safety, and welfare of this community.
NOW, THEREF'ORE, BE IT ORDAINID BY TI-� CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
I� " ' Comprehensive Zoning Ordi.nance of the City of Grapevine, Texas, same bei.ng
also known 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-wit:
Being Lots 1-54, Block 1; Lots 1-38, Block 2; and Lots 1-29, Block 3 of
the Banyan Place Subdivision, in the City of Grapevine, Tarrant County, Texas,
which was previously zoned "R-TH" To�nmhouse District Regulations is hereby
changed to "R-5.0" Zero Lot Line District Regulations, 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 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 �de in accordance with the comprehensive plan for the
purpose of promoting health, safety, mprals and the qeneral welfare of the
conmunity. 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 frcgn 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, co�nercial needs and develognent 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.
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Section 5. This ordinance shall be ctanulative 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
dee�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 descri.bed 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 building or use in
violation of any detailed statement or plan su�mitted 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) , for each offense and each day such
violation shall continue to exist shall constitute a separate offense. The
owner or awners of any building or premises, or gart 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 cca�mission 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
paw�r to enforce the provisions of this ordinance through civil court action
as provided by state law.
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; PASSID AND APPROVED BY THE CITY C�OUNCIL OF 'I'fIE CITY OF GRAPEVINE, TEXAS
on first reading on this the 17 thday of May , 1988.
i ,
PASSID AND APPROVED BY THE CITY C'OUNCIL OF THE CITY OF GRAPEVINE, TEXAS
I ' on second reading on this the 7th day of June , 1988.
�..�...
. APPROVED:
� �
Mayor
AZTFST:
Cit Secretary
APPROVED AS TO FORM AND LEGAI,ITY:
..,.; ::
City Attorney
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