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HomeMy WebLinkAboutORD 1984-049 ORDINANCE NO. 84-49 AN ORDII�IANCE AN�NDING ORDINANC� NO. 82-73, TI� COMPREE�ISIVE ZON.LNG ORDINANC� OF 'I'HE CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO Kl�IC1WN AS APPII�]DIX "D" OF THE CITY CODE OF GRAPEUINE, TEXAS, GRANTING A ZODTING CHANGE ON A TRACr OF L�ND DESCRZBID AS BEING A IDT, TRAC'T, OR PARCEL OF I,AND LYING AND BEING SITUATID IN TARRANT COUNTY, TEXAS, BEING A PAl�i' OF TI-iE G. G. STARR SURVEY, ABSTRACT NO. 1466 AND 'I'HE E. COX SURVEY, ABSTRACT N0. 352, IN THE CITY OF GRAPEVINE, TEX�,S, MORE F'[TIS�Y AND COMPL�'1�LY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN 'I�iE USE OF SAID PROPERTY FROM "R-20" AND "R-12.5" SINGLE FAMILY DWELLING DISTRICTS AND "R-MF-2" MULTI-FAMILY DWII�ING DISTRICT TO "CC" CC�M'lUNITY CONIMEF�IAL ZONING DISTRICT ON TRACTS lA AND 3A AND "R-7.5" SINGI,E-FAMILY D�VEL.LING DISTRICT ON TRACT 8; CORRECrING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHE'.R PORTIONS OF THE ZONING ORDINANCE; PR�IIDING A C�USE RII�ATING 'I+0 SEVERABILITY; DEI'ERMINING THAT THE PUBLIC IlVTERESTS, MORAIS A,I�ID GII�]ERAL, WELFARE Da�'1�11�ID A ZONING CHANGE AND AN�NDN�]T THEREIN r'lADE; PROVIDING A PEL�ALTY NC/I' TO EXC�ID THE SUM oF a� TxousArm Dor�zs ($l,o00.oo) Arm A SEPARATE OFFENSE SHAIZ BE DEII�� CCY�M9I'ITID UPON EAC�i DAY DURING OR ON WHICH A VIOLATION OCCURS; Al�ID DF7CLARING AN II�RGINCY WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Commission 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 requirements, conditions and prerequisites having been complied with; and, F�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 i.�ediately surrouncling the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water c7�mages, 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 inurediate neighborhood, adequacy of parking as determined by requisements 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 oontrol dust, � effect on the prom�tion of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, W�, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevi.-�e, Texas, did consider the follawing factors in making a determination as to whether this requested change should be qranted 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 promotion of health ar.d 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, sewerage, schools, parks and other public facilities; and, Wf�RE�.S, the City Council further considered among other things the character of the di�trict and its peculiar suitability for particular uses and with the vie�a to conserve the value of buildi.ngs, encourage the most appropriate use of land throughout this city; and, � WF�RFAS, 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 amendm�nt, that the zoning changes do not unreasonably invade the rights of those who baught or in�roved property with reference to the classification which existed at the time their original invest�nent was made; and, Wf�tEAS, 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; pranotes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requisements; and, W�, 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 proxiunity to the property requested for a char.ge since this property was originally classified and therefore, feels that a change in zoning classification for the particular piece of property is needed, is ca.11ed for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps pronx�te the general health, safety, and welfare of this co�nrn�nity. NOW, Z�iII�EF'ORE, BE IT ORDAIl�IID BY THE CITY COUNCIL OF Z�iE CITY OF GRAPEVINE� TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Ccm�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lalawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby am�nded and changed in that the use of the follawing described property, to�ait: Being a tract of land out of the G. G. Starr Survey, Abstract No. 1466, and the E. Cox Survey, Abstract No. 352, in the City of Grapevine, Tarrant County, Texas, more fully and co�letely described in �hibits "A" & "B", attached hereto and made a part hereof, which was previously zoned "R-20" and "R-12.5" Single-Family Dwlling Districts and "R-MF-2" Multi-Family Dwelling District is hereby changed to "CC" Ccarununity Co�nercial Zoning District on Tracts lA and 3A and "R-7.5" Single-Family Dwelling District on Tract 8, all in accordance with Camprehensive 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, 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 comprehensive plan for the purpose of pranoting health, safety, nx�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 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 water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and developer�ent of the comrnxnity. 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 most appropriate use of land throughout the congnunity. Section 5. This ordinance shall be ctunulative 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 deerr�d 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 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to ca�ly therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed staten�nt 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 shall constitute a separate offense. The awner or owners of any building or pr�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 employed in connection therewith, and who may have assisted in the conmission of any such violation, shall be gailty of a separate offense and upon conviction shall be fined as herein provided. 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 properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the inanediate preservation of the public business, property, health, saiety 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 AND APPRC3VID by the City Council of the City of Grapevine, Texas on this the 19th day of June, 1984. APPROVED: � � , J'� Y r , A'ITEST: C2�� r City Secretary ; APPROVID AS TO FORM AND LEGALITY: City Attorney F:S�'HTBIT "A" TO ORDINANCE NO. 84-49 Page 1 of 3 Con�urnznity Comnercial TRACT lA Being a parcel of land located in the G. G. Starr Survey, Tarrant � County, Texas, and being further described as follows: Commencing at the Northwest corner of the E. Cox Survey, Abstract 352, and running thence N 89° 11' 39" East 704.78 feet to,the . center line of a proposed roadway the true place of beginning; thence N O1° 00' 18" East with the center line of said roadway 96.55 feet to the point of curvature of a curve to the right, said curve having a central angle of 42° 59' 42" and a tangent of 240 feet, a chord of v�hich bears N 20° 34' 43" East 408.29 feet to a point on said curve; thence S 00° 00' 00" East 476.73 feet to a paint; thence S 89° 11' 39" West a distance of 145.22 feet to the beginning, containing 1.08 acres. r'�-IIBIT "A" TO ORDINANCE NO. 84-49 Page 2 of 3 Connrninity Canunercial TRACT 3A Being a parcel located in the G. G. Starr Survey, Tarrant County, Texas, and being more particularly described as follows: Commencing at the Northwest corner of the E. Cox Survey, Abstract A-352, and running thence N 89° 11' 39" East with the South line of said Starr Survey 850 feet to a point; thence N 00° 00' 00" East 637.64 feet to the true place of beginning; thence N 45° West 336.9 feet to a point; thence N 45° East 336.9 feet to a point; thence S 00° 00' 00" East 476.45 feet to the beginning, containing 1.302 acres. � � '�':�C:l�'ll i���� � G�DI2Jr� T.TO. 84-�� Pacte 3 of 3 R-7.5 Single-Family TRACT #8 , Being situated in Tarrant County, Texas and being part of the G. G. Starr `� Survey, bounded as follows: Commencing at the Northwest corner of said Starr Survey thence S 89° 24'E with the North line of the grantor 266.69 feet to a point, being the true place of beginning; thence S 89° 24'E a distrance of 256.51 feet to a point; thence , S 17° 12' 13"E a distance of 311.77 feet to a point; thence N 84° 05' E a distance of 315.60 feet to a point; thence S 08° 05'W a distance of 200.7 feet to a point; thence S 42° 05'E a distance of 111.30 feet to a point; thence S 24° O1'E a distance of 152.20 feet to a point; thence S 61° 30'W a distance of 75.00 feet to a point; thence S 28° 30'E a distance of 387.89 feet to a point in the centerline of a proposed 64 foot roadway; thence S 56° 30' W with said centerline 417.51 feet to the point of curvature of a curve to the right, said curve having a central angle of 35° 22'56" , a tangent of 150 feet, the long chord of which bears S 74° 11 '28" W 285.81 feet to a point of tangency; thence N 88° 07 '04"W 90 feet to a T road intersection; thence N O1° 52'56"E with the centerline of a proposed 80 foot roadway 371.20 feet to the point of curvature of a curve to the left, said curve having a central angle of 18° 37'56", a tangent of 200 feet, the long chord of which bears N 07° 26'02"W a distance of 394.72 feet to a point of tangency; thence N 16° 45'W with said centerline 315 feet to a point of curvature of � a curve to the right, said curve having a central angle of 15° 15' , a tangent of 150 feet, the long chord of which bears N 09° 07 '30"W a distance of 297.35 feet to the point of tangency; thence N O1° 30'W a distance of 7.33 feet to the beginning, containing 16.051 acres, as based on a field survey made by Bob F. 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