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HomeMy WebLinkAboutORD 1986-026 0��� �. 86-26 AN ORDINANCE AN�DING ORDINANCE NO. 82-73, THE COMPREf]]E�[�11SIVE ZONING ORDINANCE OF TF� CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOtiVI�T AS APPENDIX "D" OF Tf� CITY CODE OF GR�EVINE, TEXAS, GRANr!'ING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A ,. ,; I�OT, TRACT, OR PARC,EZ, OF I�AND LYING AND BEING SIT[TATED IN TARRANT COUN'I'Y, Z�XAS, BEING A PART OF TE� J. H. HUGHFS SURVEY, �,.� ABSTRACT NO. 822�, IN THE CITY OF GRAPE- VIl�TE, TEXAS, MORE FCJLLY AND COMPLEI�'.LY DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN TI� USE OF SAID PRO- PERTY FROM "R-7.5" SINGI,E-FAMILY DWELLING DISTRICT 'I� "PO" PROFESSIONAL OFFICE DISTRICT AND "CN" NEIGI�ORHOOD CONA7ERCTAT, DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE REL�ATING TO SEVERABILITY; DE7�RMINING THAT THE PUBLIC INZ�RESTS, MORALS AND GE[�TERAL WII.�F'ARE DEMAND A ZONING CHANGE AND AMII�TD- MEN'I' �REIN MADE; PROVIDING A PELVALTY NOT TO EXCEID TFIE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DF�� COMMITI�D UPON EACH DAY DURING OR ON WHI(�3 A VIOLATION OCCURS; A1�ID DF)CLARING AN EMERGENCS.' Wf�REAS, applications were made to amend the Official Zoning Map, City of �° ° Grapevine, Texas, by making applications for same with the Planning & Zoning Conmission 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 requiremerlts, conditions and prerequisites having been camplied 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 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 �diate neighborhood, adequacy of garking 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 w�elfare, 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, � Wf�REAS, the City Council of the City of Grapevine, Te�s, 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 prcanotion 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�tEAS, 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�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 t�me their original investxnent was made; and, � Wf�REA.S, 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; pranotes 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, H�, the City Council of the City of Grapevine, Te�s, 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 �or 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 w+elfare of this comnunity. NOW, THII2F'�F'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXA.S: Section l. That the City of Grapevine Ordinance No. 82-73, being the �'"° Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lazown as Append� "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 J. H. Hughes Survey, Abstract No. 822Z, in the City of Grapevine, Tarrant County, Texas, more fully and ccxnpletely described in �ibit "A", attached hereto and made a part hereof, which was previously zoned "R-7.5" Single-Family Dwelling District is hereby changed to "PO" Professional Office District and "CN" Neighborhood Commercial District, as delineated on Exhibit "A", 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 made in accordance with the ccxnprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the cannunity. 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, conanercial 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 community. 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 except in those instances where provisions of those ordinances wlZich 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 suY.�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 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 cammission 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 imnediate 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 18th day of March, 1986. APPROVED: Mayor ATTEST: C�1�t.�w a.�t,c.+�� City Secretary APPROVED AS � FORM AND LEGALITY: �-:.� City Attorney EXHIBIT "A" , PAGE 1 TO ORDINANCE N0. 86-26 �,;a� PARGEL 1 ZONING CLASS NEIGHSORHOOD COMMERCIAL DISTRICT (C-N) Beginning at a steel rod 25.00 feet North and 25.00 feet West of the Southeast corner of the J.H. Hughes Survey, said point being in the intersection of the tdorth right-of-way line of County Road 3037 and the 4Jest right-of-way line of County Road 3129: THENCE S 89° 35' 00" W 389.45' to a corner; THENCE N 00° 20' 00" l•1 1168.96' to a corner; THENCE P� 89° 35' 00" E 389.70' to a corner; � THENCE S 00° 20' 00" W 520.12' to a point in the t•Jestern Right-of-4�Jay line of County Road 3129; THENCE S 89° 33' 36" W 182.00' to a point; ,,, .. THENCE N 00° 20' 00" E 18.00' to a point; �'&`# THENCE N 890 40' 00" W 47.00' to a point; THENCE S 00° 20' 00" W 30.50' to a point; THENCE N 89� 40' 00" W 61.00' to a point; THENCE .S=00o 20' 00" W 209.00' to a point; THEtdCE S 89° 40' 00" E 61.00' to a point; THENCE S 00° 20' 00" IJ 102.00' to a point; THENCE S 89° 40' 00" E 30.50' to a point; THENCE S 00° 20' 00" W 155.00' to a point; THENCE S 89° 40' 00" E 198.50' to a point in the t�Jest Right-of Way on Coanty `� Road 3129; THENCE S 00° 20' 00" W 197.00' to the place of beginning and containing 7.870 Acres more or less � EXHIBIT "A" , PAGE 2 TO ORDINANCE NO. 86-26 ��>. PARCEL 2 ZONING CLASS. PROFESSIONAL OFFICE (P. O.) Beginning at a steel rod 25.00 feet North and 25.00 feet West of the Southeast corner of the J.H. Hughes Survey, said point being in the intersection of the North right-of-way line of County Road 3037 and the t�lest right-of-way line of County Road 3129; THENCE N 00° 20' 00" E along the 4Jestern Right-of-way line of County Road 3129 for a distance of 197.00' to the place of beginning; ( THENCE N 89° 40' 00" W 198.50' to a point; THENCE N 00° 20' 00" E 155.00' to a point; THENCE N 890 40' 00" 4J 30.50' to a point; � , THENCE �� 00° 20' 00" E 102.00' to a point; THENCE N 89° 40' 00" W 61.00' to a point; �W..,;� THENCE N 00� 20' 00" E 209.00' to a point; THENCE S 89° 40' 00" E 61.00' to a point; THENCE N 00° 20' 00" E 30.50' to a point; THENCE S 89° 40' 00" E 47.00' to a point; THENCE S 00° 20' 00" W 18.00' to a point; THENCE N 89° 33' 36" E 182.00' to a point in the l•Jest Right-of l•!ay line of County Road 3129; THENCE S 00° 20' 00" W 452.00' along the West Right-of-Way line of County Road 3129 to the place of beginning and containing 2.580 acres of land r�ore or � less. �r� . s