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HomeMy WebLinkAboutORD 1984-045 ORDINANCE NO. 84-45 AN ORDINANCE AN�IDING ORDINANCE NO. 70-10, THE COMPREI�ISIVE ZONING ORDINANCE OF � CITY OF GRAPEVINE, TEXAS, Sr�iE BEING ALSO KNOWN AS APPENDIX "A" OF Tf� CITY CODE OF C�PEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A IiOT, TRACT, OR PARC�, OF LAND LYING AND BEING SITUATED IN TARR�r COUNTY, TEXAS, BEING A PART OF THE JOEL HALS�UM SURVEY, ABSTRACT NO. 722, IN THE CITY OF GRAPEVINE, TEXP,S, MORE F'CTLLY AND COMPLETELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PUD" PIIINNED UNIT DEVEIAPMIIVT UNDER ORDINANCE N0. 70-10 TO "R-TH" TOV�INHOUSE ZONING DISTFcICT UNDER ORDINANCE N0. 82-73; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF TI� ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, rZORALS AND GENERIIL WII�'ARE DIIKAND A ZONING CfiANGE AND AMII�ID�T 'rj�RFIN MADE; PR�'IDING A PEL�ALTY NOri' TO EXCEm THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHAI� BE DEII"IED CAMMI'I`i�'D UPON EACH DAY DURING OR ON WHICEI A VIOLATION OCCURS; AND DECLARING AN EMERC,ENCY WfiERRF'F;P,S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Conanission 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 camplied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requir�nts, conditions and prerequisites having been camplied with; and, 4�'�REAS, 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 fram fire hazards and measures for fire control, protection of adjacent property fram 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 iirmlediate neighborhood, adequacy of parking as deternnined by requirements of this ordinance for off-street parki.ng 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 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, Te�as, at a public hearing called by the City Council of the City of Grapevine, Te�as, 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 securir�g of safety frcxn same, the effect on the pramotion 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; arid, tniHEREAS, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the vietiv to conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, WI-iEREAS, the City Council of the City of Grapevine, Texas, does rind 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 ti.� their original invest�nt was made; and, Wf�REP,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 satety fram fire, panic and other dangers; pramotes 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 requixe.�nents; and, WHEREAS, the City Council of the City of Grap�vine, Texas, has determir.ed that there is a necessity and need for this change in zoning and has also found and deternu.ned that there has been a ehange 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 Iarge, the citizens of the City of Grapevine, Texas, and helps pramote the general health, safety, and welfare of this co�nunity. NOW, THF�EtEFORE, BE IT ORDAINID BY TF� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Ccdnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also l�own as Appendix "A" 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 Joel HallLun Survey, Abstract No. 722, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PUD" Planned Unit Development in accordance with Ordinance No. 70-10 is hereby changed to "R-TH" TawnYiouse Zoning District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as am�ended. Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached structures, irrespective of the zoning category, shall be deEmed confozming 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 txacts 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 5. That the zoning regulations and districts as herein established have been made in accordance with the ccanprehensive plan for the purpose of pramoting health, safety, morals and the general welfare of the cormnuzity. They have been designed with respect to both present cenditions 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 malce adequate provisions for the normal business, ccxYunercial needs and development of the comm��nity. 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 mpst appropriate use of land throughout the can�ciunity. Section 6. This ordinance shall be c�unulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except �n those instances where provisions of those ordinances which are in dixect 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 Iand described herein shall be declared to be invalid, the saame 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 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 sul�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 awner 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 canmission 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 9. The fact that the present zoning ordinance and regulations of the City of Grapevine, Te�as 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 i�nediate presezvation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPRCNID by the City Council of the City of Grapevine, Texas on this the 19th day of June, 1984. APPROVID: i \ ' � � j ,. Mayor AT'I�ST: ��,�'{.�i{�c.J � City Secretary � APPROVID AS TO FORM aND LEGALITY: C City Attorney EXHIBIT "A" TO ORDINANCE DTO. 84-45 ' PARCEL NO. 22A - R-TH TOWNHOUSE ZONING DISTRICT Survey and field notes for a tract of land out of the Joel Hallum Survey, Abstract No. 722 , in the City of Grape- vine , Tarrant County, Texas , and being described by metes and bounds as follows: BEGINNING at an iron pin in the North line of East Dove Road (100 foot right-of-way) , said point being the Southeast corner of Lot 28 , Block B, Oak Grove Addition to the City of Grapevine, Tarrant County, Texas, according to plat recorded in Volume 388-82 , Page 41 , Plat Records, Tarrant County, Texas, said point also being S 87° 54 ' W, 784 . 2 feet from the intersection of the North right-of-way line of East Dove Road with the West right-of-way line of Dove Loop Road; THENCE N 00° 56 ' W, along the East line of said Block B, 615. 0 feet to an iron pin at a re-entrant corner of a 19 . 78 acre tract; � THENCE W 87° 54 ' E at 112 . 4 feet the most Easterly Southeast corner of said 19 . 78 acre tract in all 782 .4 feet to an iron pin in the West line of Dove Loop Road (100 foot right-of-way) ; THENCE S Ol° 06 ' along the Flest line of Dove Loop Road (100 foot right-of-way) 615. 0 feet to an iron pin in the North line of East Dove Road (100 foot right-of-way) ; THENCE S 87° 54 ' W, along the North line of East Dove Road (100 foot right-of-way) 784 . 2 feet to the POINT OF BEGINNING and containing 11 . 06 acres of land.. � � a �