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HomeMy WebLinkAboutORD 1988-037 ORDINANCE NO. 8 8-3 7 AN ORDINAN(� AMQ�IDING ORDINANCE NO. 82-73, THE COMPREHIIQSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, '1'EXAS� SAN1E BEING ALSO Kr7pWN AS APPIIVDIX "D" OF THE CITY CODE OF GgApEVINE, TEXAS, GRAlVTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS SEING A - M IpT, TRACT, OR PARCF}L OF LAND LYING AND BEING SIT[JATED IN TARRANT COUNTY, TEXAS� BEING A PAR'I' OF THE G. W. MINI'ER SURVEY, _ _, ABSTRACT NO. 1034, IN THE CITY OF GRAPE- > VIl�TE, TEXAS, MORE F'UI.LY AND CONIPLEI'ELY i DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID pRppERTY FROM "R-20" SINGLE-FAMILY DISTRICT REGUI�P,TIONS TO "R-12.5" SINGLE-FAMILY DISTRICT REGULATIONS; CORFtF��CTING THE OFFICIAL ZONING MAP; PRESERVING AIZ 0'rF�R PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RII.,ATING TO SEVERABILITY; DETER- MINING Tf-1AT THE PUBLIC INZ�RESTS, MORALS A1Vp GII�tERAI, WEL�F'ARE DEMAND A ZONING CHANGE AND AMIIVDMaVT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT � EXCEID TI� SUM OF 'I'V� THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE AND A SEPARATE OFFE�SE SHALZ BE DEII�'�p COMMITI� UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DF�L�ARING AN EMERGII�TCY AND PROVIDING AN EFFECTIVE DATE WI�RF�.S, applications were made to amend the Official Zoninq Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning C�anission of the City of Grapevine, Texas, as required by State statutes and j ._ the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and prereq_uisites 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, IWI�',REAS, 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 immediately 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 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 garking areas to control dust, 'f 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, sewerage, schools, parks and other facilities; and, � ��.: WI-�RF,AS, 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 fran 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, ,' � � WHEREAS, 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�RF�, 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 amenc�nent, 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 investznent was made; and, � � Wf�RF�1S, 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, WHEREAS, 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, Texas, and helps promote the general health, safety, and welfare of this community. NOW, 'I'HEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF ' GRAPEVINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "D" of the City Code of Grapevine, T�as, be, and the � � same is hereby amended and changed in that the use of the following described � propertY, to-wit: � Being a tract of land out of the G. W. Minter Survey, Abstract No. 1034, ! in the City of Grapevine, Tarrant County, Texas, more fully and canpletely described in �hibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family District Regulations is hereby changed to "R-12.5" Single-Family District Regulations, all in accordance with the Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. The City Manager is hereby directed to correct the official I� 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 f 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, morals and the general welfare of the community. 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 fran 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 develo�ment 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. f ; 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 tenns 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 building or use in violation of any detailed statement or plan sl�mitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than twc� 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 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 co�nnission 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, Texas, creates an emergency for the iirmediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcan and after the ` date of its final passage, and it is accordingly so ordained. PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of May , 1988. APPROVED: � � Mayor ATTFST: � ; City Secretary � APPROVID AS � FORM AND I,EGALITY: I �' �_�� ���r.,�-e_ � ' City Attorney � � EXHIBIT "A" TO ORDINANCE NO. 88-37 _ ._ _ __ _ � , � I'I LLD NOTES I � BEIN(; a tract or parcel of land situated in the City of Grapevine, Tarrant County, 1'exas; and being part of the G.W. Minter Survey, Abstract Number 1034; and being part of that � trac't of land described by Deed from Emme Deen Johaeon Sime and huebend� Msrvin C. Sims to ' Eugene J. Collins gnd wife� Marilyn S. Cnllins, record�d in Volump 6895� Page 787, De�d ' Records, Tarrant County, Texas; and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set for corner in the East line of Countryside East Phase 2, an addition' to the City of Grapevine, recorded in Volume 388-167, Page 19, Plat ! Records, Tarrant County, Texas, said point being South 89°00'18" East a distance of 120.00 � ' feet and North O1°00'44" East a distance of 50.50 feet from the intersection of the North line of Summerfield Drive (50 foot wide Right-of-Way) and the East line of Mapleridge ' Drive (50 foot wide Right-of-Way), said point being the Southwest corner of a tract of land described by Deed from Emma Deen Johnson Sims and husband, Marvin C. Sims to ti'esley Andrew Johnson, recorded in Volume 6893, Page 1295, Deed Records, Tarrant County, Texas; THENCE North 89°46'SO" East along the South line of said Johnson tract, a distance of 305.91 feet to a 1/2 inch iron rod set for corner; THENCE South 00°19'45" West a distance of 210.74 feet to a 1/2 inch iron rod found for corner, said point being in the North line of a tract of land described by Deed from Emma Deen Johnson Sims et.vir.� Marvin C. Sims to Rodney D. Thompson and wife, Gayle Holley Thompson, recorded in Volume 6835, Page 2136, Deed Records, Tarrant County, Texas; i THENCE South 89°49'S7" West along the North line of said Thompson tract, a distance of 308.42 feet to a 1/2 inch iron rod found for corner, said point being the Southeast corner � of said Countryside East Phase 2; ' THENCE North O1°00'44" East along the East line of said Countryside East Phase 2, a distance of 210.50 feet to the POINT OF BEGINNING and containing 1.49 acres of land, more i . _ or less. �. I ` R ,. / (�