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HomeMy WebLinkAboutORD 1984-038 Of�INANCE NO. 84-38 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, Tf� COMPREFIIIQSIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, TEX1�S, SAME BEING ALSO I�K'JWN AS APPII�DIX "D" OF 'I'�iE CITY CODE OF GRAPEVINE, TEXAS, GRANrING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A � IiOT, TRA�T, OR PARCEL OF I1�ND LYING AND BEING SI'I'fJATID IN T.ARRAIVT COUNTY, TEXAS, BEING A PART OF THE J. R. DOSS SURVEY, ABSTRACT NO. 440, IN THE CITY OF GRAPEVINE, TEXP,S, MORE F'UIZY AND COMPI�,TELY DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-7.5" SINGI�E—FAMILY DWEL�LING DISTRICT TO "R-7.5" SINQ1E—FANIILY D4VELLING DISTRICI' AND "CN" NEIGHBORHOOD CONJMERCIAL ZONII`TG DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL O�R PORTIONS OF Z�IE ZONING ORDINANCE; PROVIDING A CLAUSE - REC,ATING TO SEVERABILITY; DETERNLIl�TING 'I�IAT Tf� PUBLIC INTERESTS, MORALS Ai�ID GIIQERAI� WEL,FARE DF,�'1AND A ZONING Q3ANGE AND AI�ND— N�]T THEf.ZEIN b�ADE; PROVIDING A PIIv13LTY NOT TO �CE� THE SUM OF ONE THOUSAND DOT,T�ARS ($1,00 0.0 0) ArID A S�ARATE OFFE[�TTSE SH�1LL BE D��D COMMI'ITID UPON EACH DAY DURING OR ON WHICH A VIOLATIOPT OCCURS; AI�ID DECZ,ARING AN II��ERGE[�ICY WHEREAS, applications were made to am�nd the Official Zoning Map, City of Grapevine, Texas, by making applications for same 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 reguirements, conditions and prerequisites having been co�lied with; and, WI�REAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follawing 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 inarediately 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 inanediate 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 proirotion 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, WHEREAS, 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 from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation; water, s�aerage, schools, parks and other public facilities; and, Wf�RF,AS, the City Council further considered among other things the charactex of the district and its peculiar suitability for particular uses and with the vie�a to consezve the value of buildings, encourage the most appropriate use of land throughout this city; and, Wf�REAS, 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 amencfi�nt, 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 investznent was made; and, � WHEREAS, 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; pramotes health and the general welfare; provides adequate light and air; prevents the overcrcwding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requiremexits; and, Wf�ZEA.S, the City Council of the City of Grapevine, Texas, has detern�ined 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 proximi.ty to the property requested for a change si.nce 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 proirote the general health, safety, and welfare of this conmunity. N(7W, THEREF'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF GRAPE'�TINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the � Cai�rehensive Zoning Ordinance of the City of Grapevine, Tea�as, same being � also ]mown as Appendix "D" of the City Code of Grapevine, Texas, be, and the � same is hereby amended and changed in that the use oi the follawing described property, to�wit: Being a tract of land out of the J. R. Doss Survey, Abstract No. 440, in the City of Grapevine, Tarrant County, Texas, more fully and co�letely 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 "R-7.5" Single-Family Dwelling District and "CN" Neighborhood Comnercial Zoning District (as delineated in E�hibit "A") , alI in accordance with Co�rehensive Zoning Ordinance No. 82-73, as ame.�lded. Section 2. All property heretofore developed for single-family residential purposes by the construction of single-fami.ly, detached structures, irrespective of the zoning category, shall be deemed conforming and legal and not non-conforming. Section 3. 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 4. 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. z Section 5. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, m�rals and the general welfare of the conmunity. 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 frcgn fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrawding of land, to avoid undue concentration of pepulation; 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, conmercial needs and develo�xrient ot the co�mznity. 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 consezving the value of buildings and encouraging the most appropriate use of land throughout the conmunity. Section 6. This ordinance shall be c�umzlative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances e,xcept in those instances where provisions of those ordinances which are in direct conflict with the provisions of this ,�- ordinance. Section 7. 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 8. That any person or cozporation who shall violate any of the provisions of this ordinance or fail to co�ly 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 submitted 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 sYiall constitute a separate offense. The awner or owners of any building or pre�nises, 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�loyed in connection therewith, and who may have assisted in the comYLission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. 'I'he 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 9. The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate to praperly safeguard the health, safety, m�rals, peace, and general welfare of the inhaUitants of the City of � Grapevine, Texas, creates an emergency for the i�srediate preservation of the ' public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcgn 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 14th day of June, 1984. APPROVID: /I7 � Mayor AT`i'F5T: ; i Cit Secretary � i APPF20VED AS � FORM AND LEGALITY: City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-38 LEGAL DESCRIPTION CITY PARCEL NO. 133A � � � � "CN" NEIGHBORHOOD COMMERCIAL ZONING DISTRICT A part of the J. R. Doss Survey, Abstract No. 440 , situated in Tarrant County, Texas. Commencing at the southwest corner of said J. R. Doss Survey; and then run, south 89 degrees-32 minutes east 2631-5/10 feet to the southwest corner of the tract being described said point in the north line of Glade Road (County Road No. 3036) . Thence north no degrees-45 minutes-03 seconds west 574-24/100 feet. Thence south 89 degrees-32 minutes east 656-94/100 feet. Thence south no degrees-08 minutes west 574-12/100 feet to the said north line of Glade Road (County Road No. 3036) . Thence north 89 degrees-32 minutes west, along the said north line of Glade Road (County Road No. 3036) , a distance of 648-08/100 feet to the place of beginning and containing 8-600/1000 acres. � � "R-7. 5" SINGLE-FAMILY DWELLING DISTRICT � A part of the J. R. DQss Survey, Abstract No. 440 , situated in Tarrant County, Texas. Commencing at the southwest corner of said J. R. Doss Survey; and then run, by deed call, south 89 degrees-32 minutes east 2631-5/10 feet and north no degrees-45 minutes-03 seconds west 574-24/100 feet to the southwest corner of the tract being de- scribed. Thence north no degrees-45 minutes-03 seconds west 710-34/100 feet. Thence north no degrees-03 minutes-57 seconds east 1497-68/100 feet to the south line of Hughes Road (County Road No. 3037) . Thence south 88 degrees-19 minutes-43 seconds east, along the said south line of Hughes Road (County Road No. 3037) , a distance of 679-48/100 feet. Thence south no degrees-30 minutes-18 seconds west ' 1480-25/100 feet. � ; Thence south no degrees-08 minutes west 713-30/100 feet. Thence north 89 degrees-32- minutes west 656-94/100 feet to the place of beginning and containing 33-847/1000 acres.