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HomeMy WebLinkAboutORD 1984-056 ORD INANCE N0. 8 4—5 6 AN ORDINANCE AN�IDING ORDINANCE NO. 82-73, THE COP-IPRE��ISIVE ZONING ORDINANCE OF � CITY OF GRAPEV7NE, TEXP,S, SAME BEING ALSO I�TC7WN AS APPIII�IDIX "D" OF � CITY CODE OF GRAPEVINE, TEXAS, GRAN'I'ING A ZONING Cf�dGE ON A TRACT OF I,1�ND DESCRIBID AS BEING A - Ipr, TRACT, OR PA� OF L�AI�ID LYING AI�ID BEING SITCTATID IN TARRI�NT COUNTY, TEXAS, BEING A PART OF THE A. FOSTER SURVEY, ABSTRAC.'T N0. 518, IN Z�IE CITY OF GRAPEVINE, TEXAS, MORE FtJI�Y AND O�MPLETELY DESCRZBED IN 'I'HE BODY OF THIS ORDINANCE; ORDERING A Q�ANGE IN THE USE OF SAID PROPII�I'Y FROM "R-3.5" ZWa-FAMILY DWII�,ING DISTRICr TO "PO" PROFESSIONAL OFFIGE ZONING DISTRICT� CORRECI'ING THE OFFICIAL ZONING MAP; PRESERVING ALL 0'I'f�iII� PORTIONS OF TI� ZOr1ING ORDINANCE; PROVIDING A Q,AUSE REL�ITING TO SEVERABILITY; DETERMINING THAT THE PUBLIC IIV'I'ERESTS, MURAL.S AND GEt�RAL P�EL�FARE DE�IAND A ZONING Cf-iANC� AND AN�TDMEDFI' THEREIN NfADE; PROVIDING A PENALTY NOT TO EXCEm Tf� SUM OF ONE THOUSAND DOTT,ARS ($1,000.00) AND A SEPARATE OFFEDtSE SHALL BE DEQ��D CODM'lITI'ID UPC1N EACH DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DECLARING AN II�II�TCY Wf�REAS, applications were made to amend 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, Te�as, after all legal notices requireme�its, conditions and prerequisites having been complied wi.th; and, W�, 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 deternlination 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 iir¢nediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water clamages, noise producing elements and glare of the vehicular and stationary lights and effect cf 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 in�nediate 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 promc�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, �. WHERF�AS, 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 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 possi.bly 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, sewerage, schools, park� and other public facilities; and, �, 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�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 dema�ids it, that the public interest clearly requires the amenc�ent, 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 investment was made; and, Wf�REAS, 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; promotes health and the general welfare; provides adequate light and air; prevents the overcraading of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, WI�REA.S, 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 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 large, the citizens of the City of Grapevine, Texas, and helps pr�ote the general health, safety, and welfare of this co�nity. NC1W, THERg'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf-iE CITY OF GRAPE'�TI1�TE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also knawn 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 following described property, to�wit: Being a tract of land out of the A. Foster Stiirvey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, more fully and cca�pletely described in ��hibit "A", attached hereto and made a part hereof, which was previously zoned "R-3.5" 'Itao-Family Dwelling District is hereby changed to "PO" Professional Office Zoning District, all in accordance with Co�rehensive 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, Te�s, 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 m,ade in accordance with the c��rehensive plan for the purpose of pram�ting health, safety, irorals and the general welfare of the coirmunity. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the ioreseeable future, to lessen congestion in the streets; to secure safety fran fire, panic, flood �- and other dangers; provide adequate light and air; to prevent overcrc�nrding 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 busi.ness, co�nercial needs and development of tYie community. 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 conmunity. Section 5. This ordinance shall be c�nzlative 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 ternis 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 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 e�ist shall constitute a separate offense. The c�mer or owners of any building or premises, or part thereof, where anything i.n violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or eorporation employed in connection therewith, and who may have assisted in the cca�mission 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 Gra�evine, 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 imrediate preservation of the public business, property, health, safety and general �lfare 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 APPROVID by the City Council of the City of Grapevine, Texas on this the 17th day of July, 1984. APPROVED: � � � � Mayor ATI'F,ST: �/ Ci y Secretary APPROVED AS � FORM AND I�C�,LITY: City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-56 F I E L D N 0 T E S BEING a survey of a tract of 2 . 256 acres of land in the Heirs of A. Foster Survey, Abstract No. 518 , in the City of Grapevine, Tarrant County, Texas, and being more particu- larly described as follows: BEGINNING at a point in the South line of [^]est Wall Street that is 1878 . 61 feet West of and 28 . 33 feet South of the Northeast corner of said Foster Survey; THENCE S Ol° 28 ' 00" E, 354 . 92 feet; THENCE S 88° 02 ' 00" Tr7, 291 . 28 feet to the beginning of a curve to the right that has a Central Angle of 73° 08 ' 00" , a Radius of 25. 0 feet and a Tangent of 18 . 54 feet; THENCE Northwesterly, around said curve, 31 . 91 feet to a point in Pebblebrook Street; THENCE N 18° 50 ' 00" Vv', along Pebblebrook Street 68 . 5 feet to the beginning of a curve to the right that has a Central Angle of 51° 59 ' 00" , a Radius of 25 . 0 feet and a Tangent of 12. 19 feet; THENCE Northeasterly, around said curve, 22 . 68 feet; THENCE N 33° 09 ' 00" E, 23 . 18 feet; THENCE Northeasterly, along the Southeasterly and Southerly lines of West Wall Street, as follows: First N 27° 22 ' 00" E, 179 . 22 feet to the beginning of a curve to the right that has a Central P_nqle of 61° 39 ' 00" , a Radius of 150 . 0 feet and a Tangent of 89 . 51 feet; Second Around said curve 161 .4 feet; Third N 89° O1 ' 00" E, 100 . 24 feet to the POINT OF BEGINNING and containing 2. 256 acres of land.