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HomeMy WebLinkAboutORD 1984-053 ORDINANCE NO. 8 4-5 3 AN ORDINANCE AN�IDING ORDINANCE NO. 82-73, THE COMPREE3II�ISIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVIlVE, TEX1�S, SANIE BEING ALSO KNC7WN AS APPENDIX "D" OF TfiE CITY CODE OF GRAPEVINE, TEXAS, GR�1I�lr!'ING A ZONING CfiANGE ON A TRACT OF I,�1ND DESCRIBID AS BEING A I(JT, TRACT, OR PARCEL OF I�I�ID LYING AND BEING SITUATID IN TARRANr COUN'1'Y, TEXAS, BEING A PAR'I' OF THE ORIGINAL TOWN OF GRAPEVINE, IN TI3E CITY OF C�t�1PEVINE, TEXAS, MORE F'UI�LY AND C'ONiPLETELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A C�IANGE IN TI� USE OF SAID PROPEE�I'Y FRQM "R-TH" TC7��INHOUSE ZONING DISTRICI' TO "R-3.75" THREE- AI�ID FOUR-FAN�LY DWELSING DISTRICr; CORRF�.C`rING THE OFFICIAL ZONING MAP; PRE- SERVING ALL O'i'HER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A Q�AUSE RII�TIl`1G TO SE'�lEftABILITY; DEI'ERI�'�IING THAT THE PUBLIC INl'ERFSTS, MORALS AND GENERAL 4VELFARE DFT�7AND A ZONING CEiANGE AND ANNIENNDMENT THEREIN N1ADE; PROVIDING A PE[�1ALTY NOT TO EXCEID TI� SUM OF ONE THOUSArID DOT T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEa�D COMNLZTI�D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN EN1g2GED1CY [n1��REAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Camnission 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 co�lied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requisements, conditions and prerequisites having been complied with; and, Wf�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 m�toring public and the pedestrians using the facilities in the area inurediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elemexzts and glare of the vehicular and stationar.y lights ar:d 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 i�iate neighborhood, adequacy of parkir.g 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 promotion of health and the general welfare, effect on light and ai.r, 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, � WHF.REAS, the City Council of the City of Grapevine, Texas, at a public � hearing called by the City Council of the City of Grapevine, 'I�exas, did consider the follawing factors in making a determination as to whether this requested chanqe 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 prc�tion 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, sewerage, schools, parks and other public facilities; and, W�S, 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 consezve the value of buildings, encourage the most appropriate use of land throughout this city; and, Wf�RF�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 demands it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who baught or improved - property with reference to the classification which existed at the titr� their original investxnent was made; and, W�, 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 overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Hif�RE�S, the City Council of the City of Grapevine, Texas, has deternzined 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 tA 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 ot the public at large, the citizens of the City of Grapevine, Ter.as, and helps pr�te the general health, safety, and welfare of this conanunity. NOVJ, THEREE"ORE, BE IT ORDAINID BY THE CITY COUNCIL OF � CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the Corr�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmawn 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 Original Tawn of Grapevine, Block 8, mQre fully and campletely described as 512 West Franklin Street, in the City of Grapevine, Tarrant County, Texas, which was previously zoned "R-TH" Tawn- house Zoning District is hereby changed to "R-3.75" Three- and Four-Family Dwelling District, 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 co�rehensive plan for the purpose of promoting health, safety, mr�rals and the general welfare of the � co�nunity, 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 overcrowding of land, to avoid undue concentration of papulation; 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, co�rcial needs and development of the comrninity. They have been made with reasonable consideration, airong 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 comtnunity. Section 5. This ordinance shall be ctmlulative 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 tern�s and provisions of this ordinance shall be deemed to be severable and that if the validity of tr+e 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 cac�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 shall constitute a separate offense. The awner or awners of any building or premises, or gart 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 comnission 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 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 C�.ty 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 imrndiate preservation 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 APPR(7�7ID by the City Council of the City of Grapevine, Texas on this the 17th day of July, 1984. APPROVEED: ��� Mayor ATTEST: ,ti i y Secretazy AppRpVID AS TO FORr1 AND LEGALITY: f -- ��� City Attorney