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Home My WebLink AboutORD 1986-076 ORDINANCE NO. 86-76 AN ORDINAI�TCE AN�LVDING ORDINANC� NO. 82-73, Tf� COMPREHII�TSIVE ZONING ORDINANGE OF Tf� CITY OF GRAPEVINE, TFXA.S, SAME BEING AISO KNOWI�T AS APPIIVDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A �� I�OT, TRACT, OR PARCEL OF L�ND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE J. H. H[JGHFS SURVEY, ,�� ABSTRACT N0. 822 1/2 AND 'I� BEAR RUN ADDITION, PHASE I, IN THE CITY OF GRAPE— VINE, TEXAS, MORE F'[TI�LY AND COMPLE'i�LY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "SP" SITE PLAN ZONING DIS— TRICT FOR THE DEVEL�OPMENT OF A TOWNHOUSE CQMM[JNITY TO "CC" CCY�'Ilt'1[JNITY CONIl�RCTAT, ZONING DISTRICT, "R—TH" TOWNFiOUSE ZONING DISTRICT, AND "R-7.5" SINC��E—FAMILY DWELL— ING DISTRICT; CORRECI'ING Tf� OFFICIAL ZONING MAP; PRESERVING AT�L OTHII2 PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DEI'ERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WEL,FARE DEMAND A ZONING CHANGE AND AMF�TDMENT Tf�',REIN N1ADE; PROVIDING A PENALTY NOT TO F�CEID TI-iE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFF�NSE SHAIZ BE DEEMID COT9NIITTID UPON EAQi DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DF]CLARING AN EN(F�2GEbIICY �,....., WF�RF'�AS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for sams 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 witti; and, WHERF,AS, 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 tYie 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 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, sewerage, schools, pa.rks and other facilities; and, Wi�',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 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 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, seweraqe, schools, parks and other public facilities; and, WI�EREAS, 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, � W�.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 dem�ands it, that the public interest clearly requires the amenchtient, 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, Wf�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 fran fire, ganic and other dangers; prcanotes 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, WHERFJAS, 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 ha.s 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 pramote the general health, safety, and welfare of this comnunity. NOW, Tf�REFORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf� CITY OF GR�EVINE� TEXA.S: ��.,.� 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: F3eing a tract of land out of the J. H. Hughes Survey, Abstract No. 882 1/2 and the Bear Run Addition, Phase I, in the City of Grapevine, Tarrant County, Texas, m�re fully and completely described in E�hibit "A", attached hereto and made a part hereof, which was previously zoned "SP" Site Plan Zoning District for the develognFazt of a townhouse community is hereby changed to "CC" Conmunity Coir¢nercial Zoning District, "R-TH" Townhouse Zoning District, and "R-7.5" Single-Family Dwelling 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, Te�s, 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 pur�ose of promoting health, safety, morals and the general welfare of the ccx�anunity. 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, comnercial needs and develognent of the co�nunity. 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 buildinqs 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 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 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 gart thereof, where anythi.ng 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 commission 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. �..,M Section 8. The fact that the present zoning ordinance and regulations o 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 inunediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective fran and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVED by the City Council of the City of Grapevine, Texas on this the 16th day of December, 1986. APPROVED: �C..�� O"��// Mayor ATI'FST: . City Secretary � APPROVED AS � FORM AND LEGALITY: � � � �1 �� , , _ �,�,� ,� ��' _ --� , Ci ttorney � ;�