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Home My WebLink AboutORD 1987-028 ORDINANCE NO. 87-28 AN ORDINANCE AMENDING ORDINANC� NO. 82-73, THE COMPREHF�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, Z�XAS, SANIE BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXA.S, GRANrI'ING A ZONING CHANGE ON A TRACT OF I�AND DESCRIBID AS BEING A ��'- L�OT, TRACT, OR PARCEL OF I�ND LYING AND BEING SITUATID IN TARRANT COUN'I'Y, TEXAS, BEING A PA17I' OF THE THOMAS EASTER SURVEY, ABSTRACT N0. 458, IN 'I�IE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLEI�LY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN Tf� USE OF SAID PROPERTY FROM "R-3.5" �-FANiILY RESIDENTIAL ZONING DIS- TRIGT TO "R-MF-2" MULTI-FANBLY RESIDIIVTIAL ZONING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL O`I'HII2 PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RII�ATING TO SEVER�IBILITY; DE'I'ERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WII.,FARE DII�ND A ZONING CHANGE AND AME[�TD- MIIVT THEREIN MADE; PROVIDING A PENALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOr,r�,u� ($1,000.00) AND A SEPARATE OFFENSE SHAL,L BE DEII�� COMMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS Wf�REAS, applications w�ere made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning .�.. . Co�mission 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, Wi�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 inunediately surrounding the site; safety fran 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 imnediate 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 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, W�EAS, 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 pranotion 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�RF,AS, 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, 4�RF,AS, 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, ;,� W�, 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 frcgn fire, panic and other dangers; prcxnotes health and the general welfare; provides adequate light and air; prevents the overcrowdinq of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�RF�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, Texas, and helps promote the general health, safety, and welfare of this community. NOW, TF�REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE 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 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 a tract of land out of the Thanas Easter Survey, Abstract No. 458, 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-3.5" 'Ita�-Family Residential Zoning District is hereby changed to "R-MF-2" Multi-Family Residential Zoning District, all 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 ccxnprehensive plan for the �,�� pui-pose of pranoting health, safety, morals and the general welfare of the co�nunity. 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, co�nercial needs and develo�anent of the comnunity. 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 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 shal� not affect the validity of the zoning of the ba.lance 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 su�mitted 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 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 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 power to enforce the provisions of this ordinance through civil court action as provided by state law. PASSID AND APPROVED BY Tf� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 19th day of May , 1987. PASSID AND APPROVED BY TF� CITY COUNCIL OF TIiE CITY OF GRAPEVINE, TEXAS ��w on second reading on this the �nd day of June , 1987. � APPROVED: Ce��y7 Mayor ATTFST: i Secretary APPROVED AS 'PO FORM AND LEGALITY: '��" City Attorney � E�ibit "A" to Ordinance No. 87-28 MEI'ES & BOUi�IDS DESQ2IPTION r � All that certain 1.3 acre tract of land located in the T. Easter Survey, Abstract #458, Tarrant County, Texas; being the same property conveyed to Finney D. Fry and wife France Fry by Rodney F. Shelton and wife Clara Bess Shelton by deed dated June 1, 1967 and duly filed for record in the office of the Caunty Clerk, Tarrant County, Te�as. Said 1.3 acre tract of land being more pa.rticularly describeci by metes and bounds as follc7ws: � SEGIl�TIl�IG at a 1/2 inch iron rod located 482.99 feet South and 1352.80 feet west of the northeast corner of sasid T. Easter Survey, said point being the northwest corner of a 19.67 acre tract of land , deeded to Rodney F. Shelton on Decenber 30, 1965, as rocorded in Voltane 4167, Page 74 of the Deed Records, Tarrant County, Z��s, said point also being the southwest corner of the Woodlake Ao��rtn�nts, as addition to the City of Grapevine, �exas, as recorded in Voltm�e 388-156, Page 44 of the Deed Records, Tarrant County, Texas; TF�TC� S 89 degrees 20 minutes 00 seconds E - 253.36 feet, along the South line of said Woodlake Apartments, to a 1/2 inch iron rod for ' � corner, located in the Easterly line of Woodlake Apartrnens, Phase II; Tf�10E S O1 degrees 44 minutes 54 seconds E -222.35 feet, along the Easterly line of siad Woodlake Ap�rtznents Phase II, to a 1/2 inch iron rod for corner located in the North line of McPherson�Drive, a 60 foot �,,.,., � wide street; ,�w� TI�1C� N 89 degrees 50 minutes 17 seconds W - 253.95 feet, along the North line of said McPherson Drive, to a 1/2 inch iron rod for corner; � TF�ICE N O1 degrees 34 minutes 36 seconds W - 224.56 feet, with a barbed wire fence to the POINT OF BEGINI�TIl�IG and containing 56.643 square feet or 1.3 acres of land. . � �