HomeMy WebLinkAboutORD 1985-037 ORDINANCE NO. 85-37
AN ORDINANCE ANlENDING ORDINANC� NO. 70-10,
TI� COMPRF��TSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSG
KNOWN AS APPENDIX "A" OF � CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF L�ND DESCRIBID AS BEING A
,�,., I�OT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARRANI' COUN`I'Y, TEXAS,
BEING A PART OF THE B. B. JOHNSON SURVEY,
ABS'IT<ACT N0. 869, IN TI� CITY OF GRAPE-
"�" VIl�TE, TF.XAS, MORE F'ULLY AND COMPI�'I'ELY
DESCRIBED IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN 'I'I� USE OF SAID
PRpPERTY FROM "R-3" MULTI-FANBLY DtiVELLING
DISTRICT UNDER ORDINANCE NO. 70-10 TO
"R-7.5" 5INGLE-FAMILY DWELLIIvG DISTRICT
UI�IDER ORDINANCE NO. 82-73; CORREX.'TING �
OFFICIAL ZONING MAP; PRESERVING At.�L OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVID-
ING A CI,AUSE REL�ATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INI�RESTS,
MpgAI,S AND GENERAL WELFARE DEMAND A ZONING
C�iANGE AND AN�IDN�LVT 'I�EIN MP,DE; PRp-
VIDING A PIIV��ILTY NOT TO EXCF�D � SUM OF
ONE THOUSAND DOLL�ARS ($1,000.00) AND A
SEPARATE OFFII�ISE SHAIZ BE DEII�IID COI�IITI�D
UPON EACH DAY DURING OR ON WHICH A VIOLA-
TION OCCURS; AND DECLARING AN II�IERGIIVCY
�, applications were made to aireend the Official Zoning Map, City of
'� "' Grapevine, Texas, by making applications for same with the Planning & Zoning
Cca�m.ission 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 catne before the City Council of the City of Grapevine, Texas, after all
legal notices requirements, conditions and prerequisites having been ccsnplied
with; and,
Wf�RF�S, the City Council of the City of Grapevine, T�as, at a public
hearing called by the City Council did consider the following factors in
making a determi.nation 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 fram fire
hazards and measures for fire control, protection of adjacent property from
flood or water dam�ages, noise producing ele�nents 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
ta txaffic control and adjacent property, street size and adequacy of width
for traffic reasonably e�ected to be generated by the proposed use around the
site and in the immediate neighborhood, adequacy of parking as determined by
requiremerits 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 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,
�
WHE',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 deteYmination 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 prcanption of health and the
general welfare, effect on adequate light and air, the effect on the
overcroweling 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,
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 e�isted at the time their
original invesiment was made; and,
�, WfIEREAS, 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 fr�n fire, panic 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
requisements; and,
W'HERE�S, the City Council of the City of Grapevine, Texas, has detezmi.ned
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 clase 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 prcenote the general
health, safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF THE CITY OF
GR�IPEVINE� TEXAS:
Section l. That the City of Grapevine Ordinance No. 70-10, being the
"�"`" Canprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known as Appendix "A" of the City Code of Grapevine, Texas, be, and the
;� sam�e is hereby amended and changed in that the use of the follawing described
property, to wit:
Being a tract of land out of the B. B. Johnson Survey, Abstract No. 869,
in the City of Grapevine, Tarrant County, Texas, more fully and canpletely
described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-3" Multi-Family Dwelling District in accordance with
Ccanprehensive Zoning Ordinance No. 70-10 is hereby changed to "R-7.5" Si.ngle-
Family Ihaelling District, in accordance with Canprehensive 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�cas, 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 acccrdance with the camprehensive plan for the
"�"� purpose of pranoting health, safety, morals and the general welfare of the
ccxrmunity. They have been designecl 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, ar�d to make adequate provisions for the
normal business, commercial needs and develognent 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 builclings and encouraging the most
appropriate use of land throughout the com�unity.
Section 5. This ordir�ance shall be cumulative of all other ordinances of
the City of Grapevine, Te�s, 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
pertion 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 buildi.ng or use in
violation of any detailed statement or plan sukmitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of r�ot mare
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 ordir.ance 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.
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 w+elfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the iumtiediate preservation of the
public business, property, health, safety and general woelfare of the public
�,�ich requires that this ordinance shall become effective frc�n anci 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 20th day of August, 1985.
APPROVID:
Mayor
ATI'FST:
City Secretary
APPROVED AS TO F'ORM AND LEGALITY:
�
City Attorney
EXHIBIT "A" PAGE 1 TO
ORDINANCE NO. 85-37
LEGAL DESCRIPTION
CITY PARCEL NO. 164
Being a tract of land located in the City of Grapevine ,
Tarrant County, Texas, and being more particularly described
as follows:
��� BEGINNING at the U. S. Army Corps of Engineers Monument
A-82 ;
�.v THENCE S 89° O1 ' E, a distance of 101 . 0 feet, more or
less, tc Corps of Engineers Monument A-83 ;
THENCE N 12° 37 ' E, a distance of 512 . 3 feet, more or
less , to Corps of Engineers Monument A-84 ;
THENCE S 61° 32 ' W, a distance of 345 . 7 feet, more or
less , to Corps of Engineers Monument A-85 ;
THENCE N 15° 35 ' E, a distance of 310 . 3 feet, more or
less , to Corps of Engineers Monument A-86 ;
THENCE N 44° 54 ' W, a distance of 230 . 0 feet, more or
less, to Corps of Engineers Monument A-87 ;
THENCE N 35° 48 ' E, a distance of 391 . 5 feet, more or
less, to Corps of Engineers Monument A-88 ;
THENCE N 74° 07 ' W, a distance of 190 . 7 feet, more or
less , to Corps of Engineers Monument A-89 ;
�,,�, THENCE N 55° 40 ' W, a distance of 306 . 0 feet, more or
less, to Corps of Engineers Monument A-90 ;
+� THENCE S 79° 39 ' W, a distance of 350 . 1 feet, more or
less , to Corps of Engineers Monument A-91 ;
THENCE N 1° 11 ' W, a distance of 15 . 4 feet, more or
less, to Corps of Engineers Monument A-92 ;
THENCE S 89° 45 ' W, a distance of 198 . 0 feet, more or
less, to Corps of Engineers Monument A-93 ;
THENCE S 29° 52 ' W, a distance of 205. 0 feet, more or
less, to Corps of Engineers Monument A-94 ;
THENCE S 38° 06 ' E, a distance of 142 . 0 feet, more or
less , to Corps of Engineers Monument A-95 ;
THENCE S 50° 59 ' W, a distance of 175 . 0 feet, more or
less, to Corps of Engineers Monument A-96 ;
THENCE S 12° 38 ' E, a distance of 115 . 0 feet, more or
less, to Corps of Engineers Monument A-97 ;
THENCE S 72° 46 ' W, a distance of 142 . 0 feet, more or
� less, to Corps of Engineers Monument A-98 ;
THENCE S 5° 05 ' E, a distance of 172 . 0 feet, more or
�'' less , to Corps of Engineers Monument A-99 ;
THENCE S 89° 39 ' W, a distance of 123 . 0 feet, more or
less , to Corps of Engineers Monument A-100 ;
THENCE S 33° 41 ' W, a distance of 248 . 0 feet, more or
less , to Corps of Engineers Monument A-101 ;
THENCE S 0° 27 ' E, a distance of 174 . 0 feet, more or
less , to Corps of Engineers Monument A-102;
THENCE S 4 ° 00 ' W, a distance of 179 .6 feet, more or
less , to Corps of Enqineers Monument A-103 ;
EXHIBIT "A" PAGE 2 TO
ORDINANCE NO. 85-37
THENCE in an easterly direction a distance of 1415 . 0
feet, more or less , to a point which is the U. S . ��rmy Corps
of Engineers Monument A-82 , said point being the POINT OF
BEGINNING.
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