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HomeMy WebLinkAboutORD 1984-028 or�rn�vcE No. sa-2s AN ORDINANCC�G �IDING ORDINANCE N0. 70-10, TI-iE COMPREHE�tSIVE ZONING ORDINANCE OF Tf-iE CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO KNOWN AS APPII�IDIX "A" OF THE CITY CODE OF C�21�PEVINE, TEXP,S, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A IiOT, TRACT, OR PARCII� OF I�P,ND LYING AND BEING SITUATID IN TARRI�NI' COUNTY, TEXAS, BEING A PART OF TF� A. FOSTER SURVEY, ABSTRACT N0. 518, IN THE CITY OF GRAPEVINE, TEX1�S, MORE FULLY AND COMPI�LY DESCRIBED IN Tf-iE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-3" MULTI-FAMILY DWELLING DISTRICT UNDER ORDINANCE NO. 70-10 TO "R-3.5" 'I'V�10-FAMILY DWELLING DISTRICT AND "R-3.75" THIZEE- AND FOUR-FANIILY DWELLING DISTRICT UNDII2 ORDI- NANCE NO. 82-73; CORREC'I'ING 'I�3E OFFICTAT, ZONING MAP; PRESERVING ALL OTHIIt PORTIONS OF Z'HE ZONING ORDINANCE; PROVIDING A C�AUSE RELATING TO SEVERABILITY; DETERMINING THAT Tf� PUBLIC INTERESTS, MORAIS AND GENERAL Vv�LFARE DEMAND A ZONING CHANGE AND ANIE�ID- N1ENT 'I'HEREIN MADE; PROVIDING A PEi�I�1LTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOLLA�S ($1,0 0 0.0 0) AND A SEPARATE OFF'II�1SE SHALL BE DEEN�D C�MMITI'ED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCC[TRS; AND DEQ�AR�Q�1G AN F1�RGII�ICY WI�REA.S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning C�nission 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 c�nplied 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, WHEREAS, 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 ' . � iately surrounding the site; safety fran iire hazards and measures for fire control, protection of adjacent property from 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 sir�ns 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 deternlined by rec�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 ar�d 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, 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 possibly present in the securing of safety fran same, the effect on the prcgnotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding oi the land, the effect or. the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Hf�REAS, the City Council further considered among cther things the character of the district and its peculiar suitability for particulai uses and with the view to conserve the value of buildings, encourage the mr�st appropriate use of land throughout this city; and, WHEREA.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 iriterest 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 time their original investrnent was made; and, WHEREAS, the City Council of the City of Grapevine, Te�s, dces find that the change in zoning lessens the congestion in the streets, helps secure safety from 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 requirements; and, WHEREAS, 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 detezm.ined 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 promote the general health, safety, and c�lfare of this community. NOW, THg2F.FORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRI�PEVINE� TEXA.S: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Canprehensive Zoning Ordinance of the City of Grapevine, Texas, same bei.ng also known as Appendix "A" of the City Code of Grapevine, Te�s, 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 Survey, Abstract No. 518, in the City of Grapevine, Tarrant County, Texas, more fully and ccenpletely described in Exhibit "A", attached herPto and made a part hereof, which was previously zoned "R-3" blulti-Family Dwelling District in accordance with Ordinance No. 70-10 is hereby changed to "R-3.5" 'It�-Family Dwelling District and "R-3.75" Three- and Four-Family Dwelling District (as delineated in Exhibit "A") , in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached structures, isrespective of the zoning category, shall be deemed conforming and legal and not non-confornning. 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 tracts of land herein above described shall be subjecL to all the applicable regulatior.s contained in said City of Grapevine zoning ordinance and all otYier applicable and pertinent ordinances of the City of Grapevine, Te�as. Section 5. That the zoning regulations and districts as herein established have been made in accordance with the ccanprehensive plan for the purpose of pr�noting health, safety, morals 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 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 make adequate provisions for the r�ormal business, commercial needs and develognent of the 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 conseYving the value of buildings and encouraging the most appropriate use of land throughout the conimznity. 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 in those instances where provisions of those ordinances which are in direct 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 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 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 r.iisdemeanor 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 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 ccnnection therewith, and who may have assisted in the ca�ni.ssion 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, 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 iinnediate preseivation of the public business, property, health, safety and general w�lfare of the public which requires that this ordinance shall become effective frcgn 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 6th day of June, 1984. APPROVED: \ ; � , _. Mayor ATTEST: ��J'(_.�J Cit Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" PAGE l , TO ORDINANCE NO. 84-28 .,` TR�1CT N0. 53 & 54A R3.5 TWO FAMILY DISTRICT BEING a tract of land situated in the A. Foster Survey, Abstract No. 518, City of Grapevine, Tarrant County, Texas and being more particularly described as follows: BDGINNING at the intersection of the West right-of-way line of Dogwood Drive and the South right-of-way line of �•�all Street, Tf��ICE, S 0° 19' 45" E, along the West rightrof-way line of Dogwood Drive, a distance of 656.78 feet, more or less, to a point; T��10E, S 88° 45' 00" W, a distance of 203.93 feet, m�re or less, to a point; TI�10E, North, a distance of 199.4 feet, mr�re or less, to a point; TI�NCE, �n'est, a distance of 43 feet, more or less, to a point; � THENCE, N Ol° 45' O1" E, a distance of 88 feet, more or less, to a point; Tf�IvCE, East, a distance of 11 feet, nx�re or less, to a point; Tf�ICE, North, a distance of 80.76 feet, more or less, to a point; Tf�10E, N 10° 56' 55" E, a distance of 10 feet, more or less, to a point; TF�10E, North, a distance of 199 feet, n�re or less, to a point; Tf��10E, West, a distance of 121.77 feet, more or less, to a point; TI�NCE, N 0° 11' 00" W, a distance of 113.41 feet, more or less, to a point in the South right-of-way line of Wall Street. 'I'f��T10E, Easterly, aZong the South rightrof-way line of Wall Street a distance of 339.84 feet, more of less, to the POINT OF BEGIl�tING. R3.75 'I'HIZEE & FOUR FAMILY DISTRICT BEING a tract of land situated in the A. Foster Survey, Abstract No. 518, City of Grapevine, Tarrant County, Texas being more particularly described as follows: CONA�I�ICING at the intersection of the South right-of-way line of Wall Stxeet and the West right-of-way line of Dogwood Drive; Tf�ICE, Westerly, along the South right-of-vray of Wall Street, a distance of 339.84 feet, nx�re or less; Tf�iCE, S 0° 11' 00" E, a distance of 113.41 feet, m�re or less, to a point, said point being the TRUE P�INP OF BEGINNING: EXHIBIT "A" PAGE 2, TO ORDINANCE NO. 84-28 -•� , R3.75 Three & Four Family District continued. Tf�TCE, East, a distance of 121.77 feet, more or less, to a point; TF�tvCE, South, a distance of 199 feet, more or less, to a point; TI�10E, S 10° 58' 55" W, a distance of 10 feet, more or less to a point; Z�TCE, South, a distance of 80.76 feet, more or less, to a point; TI-iENCE, West, a distance of 202 feet, n�re or less to a point; Tf�10E, D1 10° 52' S0" E, a distance of 341.35 feet, more or less, to a point; TF�ICE, N 0° 11' 00" W, a distance of 37.59 feet, more or less to the TRUE POINT OF BEGII�iNIlVG. Field notes prepared fr�n field notes sul�nitted by land awner. i % � � �� �i / >�r � ... .; ,-�_ i : R: Baddak�r, P.E. ' D rector Public Works , , � , � �1, . ---, i -��-