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HomeMy WebLinkAboutORD 1983-036 ORDINAI�TCE NO. 83-36 AN ORDINANC� �1N�IDING ORDINANCE NO. 70-10, THE COMPREEiII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, 'I�S, S[�� BEING ALSO KNOWN AS APPENDIX "ti" OF � CITY OODE OF GRAPEVINE, TEXAS, GR1�'!'ING A ZONING Cf1ANGE ON A TRACr OF LAND DESCRIBID AS BEING A I,OT, TRACT, OR PARCEL OF L1�ND LYING AND BEING SITUATED IN 'IARRANT COUN`I'Y, TEXA3, BEING A PART OF Z'f� STARR ADDITION IN Tf� CITY OF GRAPEVINE, TEXAS, NY�RE FULLY AND COh1PI�TELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A Q-IANGE IN 'I�E USE OF SAID PROPERTY FROM "C-2" CC1�M4UNITY BUSINFSS ZONING DISTRICT UIV'DER ORDIN�NCE NO. 70-10 TO "S-P" SITE PLAN ZONING DISTRICT UNDER ORDINANCE N0. 82-73, FOR Tf� CONSTRUCTION AND OPERATION OF A VF�I`ERINARY HOSPITAL, WITH ANIMALS BEING KEP''r OVERNIGHT WITHIN AN E[�TCIASID S�'RUC'I�TRE DURTNG PERIODS OF 'I�tEAT- P'I�]T ONLY AND NOT 'I�0 BE A F�;NNEL, ALI, IN ACCORDANCE WITH A SITE PLAN, AND F'[JRTHER PROVIDING ALL OTI-iER USES AS PERMI'ITID IN 'I'F� "C-C" C�[JNITY COMMERCIAL CATEGORY; CORRECTIIvG Tf� OFFICIAL ZONING MAP; PRE- SERVING ALL Ori�IER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CL,AUSE REL�ATING TO SE�IERABILITY; DETERI�IINING TfiAT TI� PUBLIC � IIVTERESTS, NXJRALS AND GII�AL WELFARE DII�IAND A ZONING CHANGE AIVD ANIII�IDMEI�T THEREIN NIADE; PROVIDING A PE[�ALTY NOT 'P� EXCEED Tf� SUM OF 'IWO HUNDRID DOT,T,ARS ($200.00) AND A SEPARATE OFFEI�TSE SHALL BE DEF,MMm COMMIZrI�D UPON EAC�I DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DECLAR-Q�1G AN II�GEDICY 4��EAS, 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, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and, Wf�FtEAS, 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 changed should be granted � or denied; safety of the motoring public and the pedestrians using the facilities in the area i�riediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise produci.ng 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 signs and relation of signs I to traffic control and adjacent property, street size and adequacy of width i for traffic reasonably expected to be generated by the proposed use .around the I site and in the irr�rtediate 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 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, sewerage, schools, parks and other facilities; and, Vi1F�REAS, 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 follaaing 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 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, ��RF�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 conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, V�REAS, the City Council of the City of Grapevine, Te�as, does find that there is a public necessity for the zoning change, that the public demarids it, that the public interest clearly requires the amendment, that 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 ti.me their original invest�nent was made; and, W�-�REI�S, 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 Iight 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, Wf�RF,AS, 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 promote the general health, safety, and welfare of this cor�mn.inity. NOW, THEREF'ORE, BE IT ORDAINID BY T;� CITY COUNCIL OF THE CITY OF GRAPEVINE, 'I'EXAS: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "A" 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 wit: Being a tract of land descri.bed as Lot 1-R, Block 13, of the Starr Addition to the City of Grapevine, Tarrant County, Texas, which, in accordance with Co�rehensive Zoning Ordinance No. 70-10, was previously zoned "C-2" Comm�ulity Business Zoning District is hereby changed to "S-P" Site Plan Zoning District, in accordance with Ca�rehensive Zoning Ordinance No. 82-73, for the construction and operation of a veterinary hospital, with an�mals being kept overnight within an enclosed structure during periods of treatment only and not to be a kennel, all in accordance with a site plan, attached hereto and made a part hereof as �hibit "A", and further providing all other uses as permi.tted in the "C-C" CarIIrninity Commercial Zoning Category. ( Section 2. The City Manager is hereby directed to correct the official i. zoning map of the City of Grapevine, Te�as, to reflect the herein change in i 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. 'I'hat the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of prorioting health, safety, m�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 from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrawding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirc�ments, and to make adequate provisions for the normal business, cona��rcial needs and development of the carrum�nity. They have been made with reasonable cor.sideration, 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 comnunity. i...�.. Section 5. This ordinance shall be cun:ulative 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 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 �o�ly therewith, or with any of the requirer.�azts 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 oi a misdemeanor and shall be liable to a fine of not more than two hundred dollars ($200.00) , and each day such violation sha.11 be permitted to exist shall constitute a separate offense. The awner or c7snmers 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 �loyed 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 power 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, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i�ediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall becor:ie effective fr�n and after the date of its final passage, and it is accordingly so ordained. PASSID AI�TD APPROVID by the City Council of the City of Grapevine, Texas on this the 21st day of June, 1983. APPROVID: !� Mayor ATTEST: _ �. ! i Y � ��,� •��-;1`Jl lt.�� City'Secretary l APPROVED AS TO FORM AND LEGALITY: / City Attorney EXHIBIT "A" TO ORDINANCE NO. 83-36 30 3 N N. F�wY `-�WY. 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