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HomeMy WebLinkAboutORD 1984-066 O�Il�TANCE NO. 84-66 AN ORDINANC� AMF.�IDING ORDINANC� NO. 82-73, THE CONIPREEIII�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEUINE, TEXAS, SAN1E BEING ALSO KI�K7WN AS APPIIVDIX "D" OF � CITY CODE OF GRAPEVINE, TEXA.S, GRAN'I'ING A ZONING CHP1vGE ON A TRACT OF IAND DESCRIBID AS BEING A ,,,�.t�, IpT, TRA�.'T, OR PAFtC.',E.T� OF I�ArID LYING AND BEING SITUATID IN TARRANT COUNTY, TEXAS, BEING A PA1�I' OF 'I�iE G. W. MINTER SURVEY, ABSTRACT NO. 1034, IN TI-� CITY OF GRAPEVINE, TF�AS, MORE FULLY AND OOPg'LE1�LY DESCRIBID IN Tf� BODY OF THIS ORDIlQANC�; ' ORDERING A CHANGE IN THE USE OF SAID PRlJPERTY FROM "R-20" SINGLE-FAI�LY DWELS,ING DISTRICT TO "R-7.5" SINC�E-FANIILY DT�TEI�,ING DISTRICT; CORRECTING THE OFFICIAL ZOI�TING MAP; PRESERVING ALL OTHiEF22 PORTIONS OF THE SE ZONING ORDINANCE; PROVIDING A Q.�AU REL�ATING TO SEVERP,BILITY; DEI�'�RNII�IING THAT Tf� PUBLIC IN'PERESTS, NYJRAI,.S AND c�FNF.RAT, WEI.�E'ARE DEMAND A ZONING CHANGE AND AN�IDMENT THg2EIN NIADE; PROVIDING A PENALTY NOT TO �CEID THE SUM OF ONE THOUSAl�ID DOLI,�RS ($1,000.00) AND A SEPARATE OFF�VSE SE-lALL BE DEET� C��D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DE7CLARING AN F�INCY WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, 'I�exas, by making applications for same with the Planning & Zoning � y Commi.ssion of the City of Grapevine, Texas, as required by State statutes and the zoning ordinances of the City of Grapevine, Texa.s, and all the legal requirements, conditions and prerequisites having been conrplied with, the case � having com� before the City Council of the City of Grapevine, Texas, after all legal notices requirements, eonditions and prerequisites having been con�lied with; and, w�RF.AS, the City Council of the City of Grapevine, Te�as, at a public hearing called by the City Council did consider the follawing factors in making a deterniination 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 inm�diately 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 expected to be generated by the proposed use around the site and in the imnediate 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 pro�mtion 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 papulation, the effect on the transportation, water, se�aerage, schools, parks and other facilities; and, �, W�EAS, 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 follawing 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 froan same, the effect on the pro�tion of health and the general welfare, effect on adeqt.iate light and air, the effect on the overcrau�ing of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Wt�RE�.S, the City Council further considered am�ng 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 thraughout this city; and, WHE'�RE',AS, the City Council of the City of Grapevi.ne, 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 time their original investment was made; and, W�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 fran fire, panic and other dangers; pramotes health and the general welfare; provides adequate light and air; prevents the overcraading of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�RE',AS, 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 praperty 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 prarote the general health, safety, and welfare of this ca�enunity. NOW, THEREF'ORE, BE IT ORDAINID BY Ti� CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmvwn as Appendix "D" of the City Code of Grapevine, Texa.s, be, and the same is hereby amended and changed in that the use of the follawing described property, to-i,vit: Being a tract of land out of the G. W. Minter Survey, Abstract No. 1034, in the City of Grapevine, Tarrant County, Texas, more fully and ccenpletely described in E�hibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family Dwelling District is hereby changed to "R-7.5" Single-Family Dwelling District, all in accordance with Canprehensive Zoning Ordinance No. 82-73, as amended. Section 2. The City Manager is hereby directed t�o 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 camprehensive plan for the purpose of praroting health, safety, morals and the general w�lfare of the ^� c�munity. They have bee-n 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 sa.fety fran fire, panic, flood � and other dangers; provide adequate light and air; to prevent overcrawding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface wat�er, parks and other public require�nents, and to make adequate provisions for the normal business, conmercial need.s and develogn�ent of the cc�munity. 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 vieti,r of conserving the value of buildings and encouraging the most appropriate use of land throughout the conarnanity. Section 5. This ordinance sha.11 be c�mzlative 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 pravisions 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 sha.11 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 tA ocx�ly therewith, or with any of the require�nents thereof, or who shall build or alter any building or use in violation of any detailed statem�nt or plan submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not mQre than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The awner or awners 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 e�nployed in connection therewith, arxl who may have assisted in the c�mission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined. as herein pravided. The City of Grapevine, likewise, shall have the pawer 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 prc7perly safeguard the health, safety, mprals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the inntediate 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 Al�ID APPROVED by the City Council of the City of Grapevine, Texas � on this the 4th day of Septeznber, 1984. APPRUVED: �'J� Mayor ATI�.ST: City Secretazy APPROVED AS TO FORM AND LEGALITY: � � City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-66 � � LEGAL DESCRIPTION Being a part of the G. W. Minter Survey, in the City of Grapevine, Tarrant County, Texas, and more fully described as follows: Beginning at an iron pin in the north line of said Min- ter Survey, which is 295 varas west of the northeast corner of said Minter Survey, in the centerline of County Road No. 3120; THENCE south along a fence 1300 . 0 feet to an iron pin for corner; THENCE west along a fence 525. 0 feet to an iron pin for corner; THENCE north 722 . 0 feet to an iron pin for co.rner; THENCE east 44: 8 feet to an iron pin for corner; � THENCE n�rth 578 . 0` feet to an iron pin for corner in the � center of County Road No. 3120; THENCE east with the center of said Road, 480 . 2 feet to the Place of Beginning, containing 15 . 06 acres of land, of which 0 . 26 acres is in said Road, leaving 14 . 80 net acres. � �