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HomeMy WebLinkAboutORD 1987-068 ORDINANCE NO. 87-68 AN ORDINANCE AN�IDING ORDINANCE N0. 82-73, Tf� COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEX�1S, SAME BEING ALSO KNOWN AS APPE�DIX "D" OF Tf� CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A TAT, TRACT, OR PARCII� OF I�AND LYING AND BEING SITUATID IN TARRANI' COUNTY, TEXAS, BEING A PA17I' OF THE WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, IN THE CITY OF GRAPEVINE, TEXAS, NIORE FULLY AND CONIPLEI'ELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-7.5" SINGLE-FAMILY RESIDENTIAL DISTRICT 'PO "CC" C(�'IMUNITY C�RCIAL ZONING DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHF.ft PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE REL�ATING TO SEVERABILITY; DEI'ERMINING THAT TI� PUBLIC INTFRESTS, MORALS AND GENFRAT, WII�F'ARE DEMAND A ZONING CHANGE AND AMEND- MII�T Tf�REIN MADE; PROVIDING A PII�LTY NOT TO F�CEID THE SUM OF ONE THOUSAND DOTT,ARS ($1,000.00) AND A SEPARATE OFFENSE SHAL�.L BE DF�g,D CONJMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by makinq applications for same with the Planning & Zoning Commission 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, WHEREA.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 inur�ediately 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 �pected to be generated by the proposed use around the site and in the i.mnediate 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 pranotion 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, garks and other facilities; and, Wf�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 followinq 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�REAS, 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, H�, the City Council of the City of Grapevine, Texa.s, 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 investrnent was made; and, �,aY � Wf�REA5, 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 fran 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 caelfare of this community. NOW, THEREEE'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Canprehensive 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 �„,,,,� sanue is hereby amended and changed in that the use of the following described property, to wit: Being a tract of land out of the William Dooley Survey, Abstract No. 422, in the City of Grapevine, Tarrant County, Texas, more fully and carnpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-7.5" Single-Family Residential District is hereby changed to "CC" Conirnznity Commercial Zoning District, 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. SeCt'lOri 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of pranoting health, safety, morals and the general welfare of the `� cc�nmunity. 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 requi.rements, and to make adequate provisions for the normal business, co�nercial needs and develognent 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 co�nunity. 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 e�cept 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 camply 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 suk�nitted 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 Fart thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation �nployed in connection therewith, and who may have assisted in the conanission 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 APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, '1�XAS on first reading on this the 20� day of p���r , 1987. PASSID AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� 'I'EXAS ` on second reading on this the 3rd day of No�mhPr , 1987. :�;,,., APPROVED: Mayor A'ITEST: C y Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney � EXHIBIT "A" TO ORDINANCE NO. 87-68 t'"._.�..i . � ^ TRACT OF L,1P�D ,,,�., I�� TH E IJILLIAP1 DOOLEY SURVEY, /1-422 T,1RRl1NT COUNTY, TEX/1S �.m:� Being a tract of land in the William Dooley Survey being a part of che W. Q�. Deacon tract ae recorded in Volume 1510, Page 501, being a parc of Lot 5� Block 22, City of GrapBvine� Tarranc Coun�y�� Texas, described as fal.lowe: � aEGINNING at a 3/4 inch pipe the Southeaet corner�of a tract of land deeded to R. L.. Lucae ae recorded in Volume 846, Page 241, Tarrant Counry Deed Recorda. eame being in the F.ast line of the W. D, i�eacon tracc as recorded in Volume 1510, Page SO1� Tarra�t County Deed ftecords; � � . � ' THENCE widi the Eaet line of eaid Deacon tract South 0° - 17' East 218. 6 feet to an iron in the Norch right-of-way line of the S� Louis and Souchwestern �iailroad 150 feet from the cen�er line; TH�NCE with eaid right-of-way line South 80� - 23' West 98. 4 feet to an 1ror� for the North line of Hudgine Screet; THENCE with the North line of Hudg�ne Street North 89° - 32' West 119. 6 feet to a 3 inch pipe corner post of fence; THENCE North 0° - 32' West 222 feet to an iron, the Southwest corner of � � �' a [ract of land deeded to EBcill Yates ae recorded in Volume 5788� Page 210, . Tarrant Coun�y Deed Recorde; _ . , .- , THENCE with the South line of Yatea t-ract South 89° - 4b' East 120. 2 . feet to the Southeast edge of a 3 inch plpe corner post for the Soucheast corner of eaid Yatee Tract; THENCE North 0° - 27' Weec�12. S feet co the Northeast edge of a 3 inch pipe poat being the Southwest corner of a tract of land deeded co Ethel Maxwell ae recorded in Volume 2228� Page 202. Tsrran� Counry Deed Recorde; -- �� . THENCE Eaet 97. 5 feet to the Pluce of [3eginning concaining 1. 118 acres o� land. � � � . � .