HomeMy WebLinkAboutORD 1984-030 ORDINANCE NO. 84-30
AN ORDINANCE AN�IDING ORDINANCE N0. 70-10,
THE COMPREEIII�TSIVE ZONING ORDINANCE OF Tf-iE
CITY OF GRAPEUINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "A" OF � CITY CODE OF
GRApEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
LpT, TRI-�CT, OR PARCEL OF I�ND LYING AND
BEING SITCJATID IN TARRANT COUNTY, TEXAS,
BEING A PA�ZI' OF TI� THOMAS MAHAN SURVEY
ABSTRACT NO. 1050 IN THE CITY OF GRAPEVINE,
TEXA.S, MORE F[T.C�LY A1VD COMPLEI�LY DESCRIBID
IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN TF� USE OF SAID PROPERTY FROM
"SP" SPECIFIC USE PERMIT DISTRICT INCI-
DENTAL TO THE OPERATION OF MINI WAREHOUSES,
WAREHOUSES, AND OFFIC�S, AI�L UNDER ORDI-
NANC.E N0. 70-10 TO "R-MF-1" MULTI-FAMILY
Dfn�LING DISTRICT UNDER ORDINE�NCE
NO. 82-73; PROVIDID, H04Jh'VER, �RE IS
HEREBY EXPRESSLY PRESERVED, PROTECTID,
ACI�IOWL�IDC�D, Al�ID AGREID UPON THE OWNE�t'S
RIGHT TO CONSTRUCT, DEVEI�OP, RIDEVIIlOP AND
MAINTAIN TI� SUBJEC.,'T PROPERTY IN ACCORDANCE
WITH AND PURSUANT TO CITY OF GRAPEVINE
ORDINANCE NO. 77-43 PASSID ON THE 27TH DAY
OF SEPTII`�liBER, 1977 FOR AN "SP" SPECIFIC USE
PERMIT DISTRICT INCIDENTAL TO Tf� OPERATION
OF NLCNI-Tn�,REfiOUSES, WAREHOUSES, AND OFFICES
AND TfiAT SAID ORDINANC� N0. 77-43 SNAT T,
RII�IAIN IN FULL FORCE AND �,ECT AND NOT BE
REPEALID INSOFAR AS ANY DE'�TETAPNIENTT RIGHTS
ARE CONCERNED BY ANY ACTIONS WHATSOEVER
HEREI'OFORE TAKEN OR BY ANY ACTION TAKF�I BY
TI� PASSAGE OF THIS ORDINANCE IN THAT ANY
AND ALL RIGHTS ACQUIRID PURSUANT TO SAID
ORDINANCE N0. 77-43 SHAI�L RII�lAIN IN FUI�I,
FORCE AND EFFDCT; CORRE�rING TF� OFFICTAT,
ZONING MAP; PRESERVING ALL �HER PORTIONS
OF TI� ZONING ORDINANCE; PROVIDING A CLAUSE
REL�ATING TO SEVERABILITY; DETERMINING 'I'HAT
Tf� PUBLIC INTERESTS, MORALS AND GFT7ERAL
WELFARE DEMAND A ZONING CHANGE AND AN�ID-
NI�IT Tf�REIN MADE; PROVIDING A PII�IALTY NOT
TO ExCF� THE SUM OF ONE THOUSAND DOLI�IbS
($1,0 0 0.0 0) AND A SEPARATE OFFII�ISE SHALs, BE
DF�1E',D COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLAR.ZNG AN
F,�'1ERC�ICY
W�, 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 camplied with; and,
H�ER�, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Ccuncil 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��diately surrounding the site; safety fram fire
hazards and measures for rire 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, lightir�g and t�pes 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�nediate neigYiborhood, adequacy of parking as detennined
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 pramotion 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,
scywerage, schools, parks and other facilities; and,
Wf�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 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 from same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crowding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other
public facilities; and,
WHEREAS, the City Council further considered �r.ong 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 ot land throughout this city; and,
W�, the City Council of the City of Grapevine, Texas, does �ind
that there is a public necessity for the zoning change, that the public
demands it, that the public interest clearly requires the amendment, t-hat the
zoning changes do not unreasonably invade the rights of those who bought or
i�roved property with reference to the classification which existed at the
time theix original investment was made; and,
�n1�RE11S, 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 overcrowding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public require-
ments; and,
WHERF,AS, the City Council of the City of Grapevine, Texas, has deter-
mined that there is a necessity and neec.i 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 prox�mity to the property requested for
a change since this property was originally classified and therefore, feels
that a change in zoning classification for fhe 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 pramote the general
health, safety, and welfare of this cammunity.
NpW, TI�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF TE-� CITY OF
GRAPEVINE� TEXA.S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texa.s, same being
also lmdwn as Append� "A" 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 Thomas Mahan Survey, Abstract No. 1050,
-- in the City of Grapevine, Tarrant County, Texas, more particulary those two
tracts of land conveyed to John Robert Bass and wife Sandra Bass, by Deed
Records, Tarrant Ccunty, Te�s, and being described by metes and bounds as
�ollows:
BEGINNING at an iron pin in the West line of North Scribner Street, said
point being the Northeast corner of said Bass tract recorded in Voltune 4470,
Page 962, Deed Records, Tarrant County, Texas.
T��10E South along the West line of North Scribner Street, 195.0 feet to
an iron pin;
TH�'NCE West 375.0 feet to an ison pin for corner;
THENCE North 195.0 feet to an iron pin for corner;
TI�NCE East 375.0 feet to the POINT OF BEGINNING;
which was previously zoned "SP" Specific Use Permit District incidental to
the operation of mini-warehouses, warehouses, and offices, all in accordance
with Ordinance No. 70-10, is hereby changed to "R-MF-1" Multi-Family Dwelling
District, in accordance with Comprehensive Zoning Ordinance No. 82-73, as
amended; providing, however, there is hereby expressly preserved, protected,
acknawledged, and agreed upon the awner's right to construct, develop,
redevelop and maintain the subject property in accordance with and pursuant
to City of Grapevine Ordinance No. 77-43 passed on the 27th day of September,
1977 for an "SP" Specific Use Perm.it District incidental to the operation of
mini-warehouses, warehouses, and offices, and that said Ordinance No. 77-43
shall remain in full force and effect and not be repealed insofar as any
develo�anent rights are concerned by any actions whatsoever heretofore taken
or by any action taken by the passage of this Ordinance in that any and all
rights acquired pursuant to said Ordinance No. 7"I-43 shall remain in full
force and effect.
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 regula-
tions contained in said City of Grapevine zoning ordinance and all other
applicable and pertinent ordi.nances of the City of Grapevine, Te�s.
Section 4. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the camprehensive plan for the
pucPose of promoting health, safety, morals and the general welfare of the
canmmunity. 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 satety frcan fire, panic, flood
and othe-r 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
noxmal business, comnercial needs and develoganent of the c�nunity. 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 commLulity.
Section 5. This ordinance shall be cimlulative 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 the zoning affecting any
portion of the tract or tracts of land descriUed 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. TYiat any person or corporation who shall violate any of the
provisions of this ordinance or fail to comply therewith, or ��ith any of the
•-- requirements '-�.hereof, or who shall build or alter any building or use in
violation of any detailed stat�nent or plan suk�mitted 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 sepai'ate offense. The awner 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 anployed in connection therewith,
and who may have assisted in the ccmmission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fired as herein
provided. The City of Grapevine, likewise, shall have the pawer to enzorce
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 �diate preservation
of the public business, property, health, safety and general welfare of the
{— public which requises that this ordinance shall become effective fram and
after the date of its final passage, and it is accordingly so ordained.
PASSID �,ND APPROVED by the City Council of the City of Grapevine, Texas
on this the 7th day of June, 1984.
APPROVED:
�v� r :�-��-�
Mayor
ATTFST:
City Secretary
APPRUVF� AS TO F'ORM AN�D LEGALITY:
City Attorney
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