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HomeMy WebLinkAboutORD 1984-054 ORDINANCE NO, 8 4-5 4 AN ORDINI�NCE AN�IDING ORDINANCE NO. 82-73, Tf� COP��PRE�III�TSIVE ZONING ORDINANCE OF � CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO I�I(7WN AS APPE[�IDIX "D" OF Tf� CITY OODE OF GRAPEVINE, 'I'EXAS, GRANrING A ZONING Q-IANGE ON A TRACT OF LAND DESCRIBID AS BEING A - IpT, TRACT, OR PARCII, OF I,AI�ID LYING AND BEING SITCTATID IN TARF2ANT COUN'I'Y, 'I�'�XAS, BEING A PART OF THE A. FOSTER SURVEY, ABSTRA�!' N0. 518, IN THE CITY OF GFIAPEVINE, 'I�S, MURE F'[7LLY AND COMPLEi�LY DESCRIBID IN TF� BODY OF THIS ORDINANCE; ORDERING A C�IANGE IN THE USE OF SAID PROPERTY F� "PO" PROFESSIONAL OFFICE ZONING DISTRICT TO "R-3.5" 'I4J0-FAMILY DWELLING DISTRICT ON TRACI' 1 AND "R-3.75" TfiRF�- AND FOUR-FAMILY DWETILING DISTRICT ON TRACT 2; CORRECI'ING � OFFICIAL ZONING MAP; PRESERVING AT,T, OTHIIZ PORTIONS OF THE ZONING ORDINANCE; PROVIDING A C�.,AUSE RE�P�TING TO SEVER- ABILITY; DEI'ERNIINING THAT Tf� PUBLIC IN'I'FiRESTS, MORAI�S AND GENERAL WEL�'ARE DF�7AI�ID A ZONING CHANGE AND ANI�VDN1F�r THEREIN N�,DE; PROVIDING A PEDII�LTY NOT TO E�CEID Tf� SUM OF ONE THOUSAND DOTT,A,RS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DF,II� CONII�'�Ti�D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECI,ARING AN II�RGEL�CY WHERF�I.S, applications were made to amend the Official Zoning A�ap, 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 require�nts, 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 requirements, conditions and prerequisites having been complied with; and, WHERF'�AS, the City Council of the City of Grapevine, Te�as, 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 i.�nediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from floocl or water damages, noise producing elements and glare of the vehicular and stationazy 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 tsaffic reasonably e��ected to be generated by the proposed use around the site and in the i�diate neighborhood, adequacy of parking as determined by re�uirements 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 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, W'I�RF�.S, 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 follacr�ing 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 possi.bly present in the securing of safety from same, the effect on the pramotion 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, Wf�RF'�AS, 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 conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, WHERE',AS, 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 a�nendment, 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 time their original investrrent was made; and, Wf�RE'.AS, the City Council of the City of Grapevine, Te�s, does find that the change in zoning lessens the congestion in the streets, helps secure safety fran fire, panic and other dangers; promotes 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, W�, the City Council of the City of Grapevine, Te�s, has deternti.ned 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 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 ca.11ed for, and is in the best interest of the public at large, the citizens of the City of Grapevine, Texas, and helps promote the general health, safety, and welfare of this conununity. NCN,T, THII2EF'ORE, BE IT ORDAINID BY THE 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 lmawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the follawing described property, to-iait: Being a tract of land out of the A. Foster Survey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, more fully and c�letely described in �hibits "A" & "B", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office Zoning District is hereby changed to "R-3.5" 'Itao-Family Dwelling District on Tract 1 and "R-3.75" Three- and Four-Family Dwelling District on Tract 2, all in accordance with Campre- • hensive 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 herei.n established. have been made in accordance with the comprehensive plan for the puzpose of pramoting health, safety, irorals and the general welfare of the ccx�arn.ulity. 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 frcan fixe, panic, flood and other dangers; provide adequate light and ai.r; to prevent overcra�ding 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 nornial business, co�nercial needs and developm�nt of the co�amznity. 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 community. Section 5. This ordinance shall be ctmlulative of all other ordi.nances 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 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 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to con�ly therewith, or with any of the requiremerits 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 c�wner 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 �nployed in connection therewith, and who may have assisted in the conmission 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 City of Grapevine, Texas are inadequate to properly safeguard the health, safety, m�rals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the �iate 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 da.te of its final passage, and it is accordingly so ordained. PASSID A1�ID APPRWID by the City Council of the City of Grapevine, Texas on this the 17th day of July, 1984. APPROVID: ; , �, \ , �,i ,��:� Mayor ATI'EST: .J �.(./ Ci y Secretary APPFt�VED AS TO FORM AND I�GALITY: �� City Attorney EXHIBIT "A" TO ORDINANCE NO. 84- 54 TRACT 1 "R-3 . 5" TWO-FAMILY DWELLING DISTRICT BEING A . 131-acre tract of land situated in the A. Foster Survey, Abstract No. 518 , in the City of Grapevine , Tarrant County, Texas, and more particularly described as follows : COMP�ENCING at the centerline of Wall Street and the centerline of Dogwood Street; Thence S 00° 28 ' 20" E, a dis- tance of 674 .17 feet along the centerline of Dogwood Street; Thence S 89° 31 ' 40" P7, a distance of 30 . 0 feet to a point in the West right-of-way line of Dogwood Street; Thence S 84° 42 ' 29" W, a distance of 205. 4 feet to the POINT OF BEGINNING; THENCE S 88° 35 ' 06" P�, a distance of 36 .96 feet to a point for a corner; THENCE N 04° 32 ' 00" E, a distance of 201 . 06 feet to a point for a corner; � THENCE N 89° 18 ' S4" E, a distance of 20 . 13 feet to a point for a corner; THENCE S 00° 15 ' 50" E, a distance of 199 . 76 feet to the POINT OF BEGINNING and containing . 131 acres of land more or less. EXHIBIT "�." TO ORDINANCE NO. 84- 54 TRACT 2 "R-3 . 75" THREE- AND FOUR-FAMILY DWELLING DISTRICT BEING a . 916-acre tract of land situated in the A. Foster Survey, Abstract No. 518 , in the City of Grapevine, Tarrant County, Texas, and more particularly described as follows : COMNSENCING at the centerline of Wall Street and the centerline of Dogwood Street; Thence S 00° 28 ' 20" E, a dis- tance of 674 . 17 feet along the centerline of Dogwood Street; Thence S 89° 31 ' 40" W, a distance of 30 . 0 feet to a point in the West right-of-way line of Dogwood Street; Thence S 84° 42 ' 29" W, a distance of 205. 4 feet; Thence S 88° 35 ' 09" W, a distance of 36 . 96 feet to the POINT OF BEGINNING; THENCE S 88° 35 ' 06" W a distance of 214 . 63 feet to a point for a corner; THENCE N 13° 24 ' 51" E, a distance of 209 . 27 feet to a point for a corner; THENCE N 89° 18 ' 54" E, a distance of 181 . 92 feet to a point for a corner; THENCE S 04° 32 ' 00" W, a distance of 201 . 06 feet to the POINT OF BEGIIvTNIDIG and containing .916 acres of land more or less .