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HomeMy WebLinkAboutORD 1985-027 ORDINANCE NO. 85-27 AN ORDINANCE AMII�IDING ORDINANCE NO. 82-73, THE COMPREHII�iSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN1E BEING ALSO KNOWN AS APPENDIX "D" OF Tf� CITY CODE OF C�PEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A ���. IiOT, TRACT, OR PARCII, OF LAND LYING AND BEING SITUATED IN TARRANI' COUNTY, TEXAS, BEING A PART OF THE CITY OF GRAPEVINE ADDITION, IN THE CITY OF GRAPEVINE, TEXAS, NIORE FUiZY AND COMPLEPELY DESCRIBID IN 'I� BODY OF THIS ORDINANCE; ORDERING A C:EIANGE IN TI� USE OF SAID PROPER`IY FROM "R-7.5" . SINGLE-FAMILY DWIIILING DISTRICT TO "GU" C�GUERI�ETITAL USE ZONING DISTRICT; COR- RECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF TI� ZONING ORDINANCE; PROVIDING A CLAUSE REI,ATING TO SEVER- ABILITY; DETERMINING THAT TI� PUBLIC INTERFSTS� MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AN1II�iDMED1T THEREIN MADE; PRfJVIDING A PII�LTY NOT TO F�CEID Tf� SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DE�1ID COMMITTID UPON EAC�i DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II�RGEDTCY Wf�RE1�S, applications were made to an�end the Official Zoning Map, City of Grapevine, Te�as, by making applications for same with the Planning & Zoning ^�'"" Coqnnission 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 require�nents, conditions and prerequisites having been ccxnplied with, the case having c�e before the City Council of the City of Grapevine, Texas, after all legal notices requir�nents, conditions and prerequisites having been ccxnplied 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 �diately surrounding the site; safety fro�n fire hazards and measures for fire control, protection of adjacent property from flood or water clamages, noise producing el�n�ents 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 arbd egress points for parking and off-street locating spaces, and protection of public health by surfacing on all garking areas to control dust, effect on the promption of health and the general welfare, effect on light and air, the effect on the overcrow�ing 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, Texas, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the foll�aing 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 frcgn sain�e, the effect on the prc�notion 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, WI�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 mr�st appropriate use of land throughout this city; and, WF�REP,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 amenc�nent, 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, �..;,. Vi�:�, 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; prcanr�tes 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, WF�REI�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 detennined 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 pranote the general health, safety, and welfare of this c�renunity. NOW, THII�E�'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF C=R�'EVINE, 'I'EXAS: 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 knawn 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 descri.bed �. property, to-wit: Being a tract of land out of the City of Grapevine Addition to the City of Grapevine, Tarrant County, Texas, m�re fully and canpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-7.5" Single-Family Dwelling District is hereby changed to "GU" Governnuental Use Zoning District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. TYie 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 ccanprehensive plan for the purpose of pranoting health, safety, m�rals and the general welfare of the s� ccnmunity. 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 overcro�ading of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public require�nents, and to make adequate provisions for the normal business, conBnercial needs and develognent of the ca�nunity. They have been made with reasonable consideration, ampng other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conserving the val.ue of buildings and encouraging the most appropriate use of land throughout the corrnnunity. Section 5. This ordinance shall be ciunulative 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 sam�e 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 ccxnply 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.xiiitted 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 pre2nises, 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 cc�mission 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, mr�rals, 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 frcan and after the �'` " date of its final passage, and it is accordingly so ordained. PASSID AND APPR(7VED by the City Council of the City of Grapevine, Te.xas �'� on this the 21st day of May, 1985. APPROVID: Mayor ATTFST: City Secretary APPROVID AS TO FORM AND LEGALITY: � � City Attorney EXHIBIT "A" TO ORDINANCE N0. 85-2� LEGAL DESCRIPTION CITY PROPERTY FOR PARKING LOT NORTHEAST CORNER NASH STREET & PINE STREET The following described tract or parcel of land situated �,,, in the William Dooley Survey, Abstract No. 422, Tarrant County, Texas and being a portion of Lot 2, Block 50 , City of Grape- vine, to the City of Grapevine, Tarrant County, Texas and � being more particularly described as follows: BEGINNING at an old iron rod at the southwest corner of a 0 . 5 acre tract as recorded on Page 283 of Volume 6804 in the Tarrant County Deed Records, and being in the north line of Nash Street and being north a distance of 25 . 0 feet and N 88° 00 ' W a distance of 105 . 06 feet from the southeast corner of a 6 acre tract as conveyed to R. L. Dean and also being south a distance of 419 . 0 feet and N 88° 00 ' W a distance of 105. 06 feet from an old iron rod at the intersection of the west line of Church Street with the south line of Dallas Street; THENCE N 88° 00 ' W along the north line of said Nash Street a distance of 105 . 0 feet to an "X" in concrete at the intersec- tion of the north line of said Nash Street with the east line of Pine Street; THENCE North along the east line of said Pine Street a distance of 70 . 0 feet to an iron rod; THENCE S 88° 00 ' E a distance of 105. 0 feet to an iron rod and being in the west line of said 0 . 5 acre tract; � THENCE South along the west line of said 0 . 5 acre tract � a distance of 70 . 0 feet to place of beginning, containing 0 . 169 acre of land, more or less. The following described tract or parcel of land situated in the William Dooley Survey, Abstract No. 422 , Tarrant County, Texas, and being a portion of Lot 2, Block 50, City of Grape- vine, to the City of Grapevine, Tarrant County, Texas and being more particularly described as follows : BEGINNING at an iron rod and being in the east line of Pine Street and being N 88° 00 ' W a distance of 105 . 0 feet and north a distance of 70 . 0 feet from an old iron rod at the southwest corner of a 0 . 5 acre tract as recorded on Page 283 of Volume 6804 in the Tarrant County Deed Records and being north a distance of 25. 0 feet, N 88° 00 ' W a distance of 210 . 06 feet and north a distance of 70 . 0 feet from the south- east corner of a 6 acre tract as conveyed to R. L. Dean and also being south a distance of 419 . 0 feet, N 88° 00 ' W a distance of 210 . 06 feet, and north a distance of 70 . 0 feet from an old iron rod at the intersection of the west line of Church Street with the south line of Dallas Street; � THENCE North along the east line of said Pine Street a distance of 80 . 0 feet to an iron rod; � THENCE S 88° 00 ' E a distance of 105. 0 feet to an iron rod and being in the west line of said 0 . 5 acre tract; THENCE South along the west line of said 0 . 5 acre tract a distance of 80 . 0 feet to an iron rod; THENCE N 88° 00 ' W a distance of 105 .0 feet to place of beginning, containing 0 . 193 acre or 8 ,395 square feet of land.