HomeMy WebLinkAboutORD 1983-041 ORDIl�IVCE NO. 83-41
AN ORDINANCE At��LVDING ORDINANCE NO. 70-10,
THE COMPRII-lII�TSIVE ZONING ORDINANCE OF Tf�
CITY OF GRAPEVINE, T�S, SAME BEING ALSO
KNCJWN AS APPII�DIX "A" OF THE CITY CODE OF
GRAPEVINE, 'I�AS, GRANTING A ZONING C�iANC�
ON A TRACT OF I�1ND DESCRIBID AS BEING A
LC)T, TR�r, OR PARCII� OF I�ND LYING AND
BEING SIi'�TATED IN TARRANT COUN'I'Y, TEXAS,
BEING A PART OF � JOHN R. DOSS SURVEY, �
ABSTRACT NO. 440, IN THE CITY OF GRAPEVINE,
TEY�AS, MORE FUI�LY AND COMPLL'lELY DESCRIBID
IN THE BODY OF TfiIS ORDINANCE; ORDERING A
C�-iANGE IN THE USE OF SAID PROPERTY FROM
"C-2" CONIDZ[1t�TITY BUSINESS ZONING DISTRICT
UNDER ORDINANCE NO. 70-10 TO "R-7.5"
SINGLE-FAMILY ZONING DISTR.ICT UNDER
ORDINANCE N0. 82-73; CORRDCI'ING TF�
OFFICIAL ZONING MAP; PRESERVING AI�L OrIT-�R
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A CLAUSE REI�ATING 'PO SEVERABILITY;
D��'ERMINING THAT THE PUBLIC INTERESTS,
N�RALS AND �F'nTF:RAT, WF�F'ARE DEMAND A ZONING
C�IANGE AI�ID �1MII�IDMIIV'I' 'I73EREIN MADE;
PRfJVIDING A PIIJALTY DIOT TO EXCF� Tf-iE SUM
OF TWC� Hi7NDRID DOI��RS ($200.00) AND A
S�ARATE OFFENSE SHALL BE DEF�'�D CON�'IITTID
UPON EACH DAY DURa1G OR ON WHICH A
VIOLATION OCCURS; AND DECLARIl�TG AN
II�'�RGENCY
W�RF�.S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by �king 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 requirem�.nts, conditions and prerequisites having been complied
with; and,
w�REAS, 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 determination as to whether these requested changed should be granted
or denied; safety of the mr�toring public and the pedestrians using the
facilities in the area i�iediately surrounding the site; safety from fire
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 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 imroediate neighborhood, adequacy of parking as determined by
requireirnxits of this ordinance for off-street parking facilities, location of
ingress and egress paints for parking and off-street locating spaces, and
protection of public health by surfacing on all parking areas to control dust,
effect on the promotio~� 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,
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 malcing 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
overcrowding 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�'�REAS, 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 mpst
appropriate use of land throughout this city; and,
�af-iEREA.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 interest 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 investrrient was made; and,
in�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
�aelfare; 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,
Wf�REAS, 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 co�nuriity.
NOW, 'I'H�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF 'I'HE CITY OF
GRAPEVINE, TEXA.S:
Section l. That the City of Grapevine Ordinance No. 70-10, being the
Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also ]azc�wn 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 following descri.bed
property, to-wit:
Being a tract of land located in the John R. Doss Survey, Abstract
No. 440, located in the City of Grapevine, Tarrant County, Texas, mr�re fu11y
and completely described in E�hibit "A", attached hereto and made a part
hereof, which, in accordance with Comprehensive Zoning Ordinance No. 70-10,
was previously zoned "C-2" Comrnuzity Business Zoning District is hereby
changed to "R-7.5" Single-Family Zoning District, in accordance with
Camprehensive Zoning Ordinance No. 82-73.
Section 2. The City Manager is hereby directed to correct the official
zoning map of the City of Grapevine, Z�xas, 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 perti.nent ordinances of the City of Grapev�ne, Texas.
Section 4. That the zoning regulations and districts as herein
- established have been made in accordance with the ccanprehensive plan for the
purpose of pranoting health, safety, morals and the general welfare of the
cc�munity. 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 frcgn 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
nornlal business, comnercial needs and develo�xnent of the conanunity. 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 cor�mu�ity.
Section 5. This ordinance shall be ctumzlative 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
ordi.nance.
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 comply therewith, or with any of the
requirements thereof, or who shall build or alter any building or use in
violation of any detailed statem�nt or plan submitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not mQre
than two hundred dollars ($200.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The awner or owners
of any building or premises, or part thereof, where anything in violation of
this ordinance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation employed in connection there�aith,
and who may have assisted in the conmission of any such violation, shall be
guilty of a separate offense and upon conviction shall be fined as herein
provided. The City of Grapevine, likewise, shall have the power to enforce
the provisions of this ordinance through civil court action as provided by
state law.
Section 8. The fact that the present zoning ordinance and regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
safety, �rals, peace, and general welfare of the inhabitants oi the City of
Grapevine, Texas, creates an emergency for the iumiediate preservation of the
' public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fram and after the
date of its final passage, and it is accordingly so ordained.
PASSID At�ID APPROVr^.D by the City Council of the City of Grapevine, Texas
on this the 19th day of July, 1983.
APPROVID:
Mayo ,
A'1fiEST:
�
/`�
�� J �--/'� _�Et=1 2�
Cit Secretary ��'
- APPROVED AS 'PO FORt�i AND LEGALITY:
City Attorney
EXIiIBIT ��A�� TO
. - ORDINANCE NO. 83-41
6.107 ACRE TkACT
BEING 6. 107 acres in th� John R. Doss Survey, Abstract, 440, Tarrant County,
Texas, and being parC of a certain 40.0 acre tract deeded by E. A. LeNoir, et
ux, to J. N. Nisbett on July 2$, 1942, recorded ir. Volume 1517, Page .2(18, Deed
Records of said Cc�unty, and beinG more particularly described as follows:
BEGINNING at a pnint in the East Boundary Line of said Survey in the middle
of a County Road 31�9 at a point South 00 degrees ]2 minutes 10 seconds East
1 ,239.75 feet from the Northeast corner of said Doss Survey and North OU
degrees 12 rninutes 10 seci:�ds �n�est 200.04 feet from tne Southeast corner ef
said 40.0 acre tract;
TI:ENCE Soutn 00 degrees ;.2 �ninu�es 10 seconds East with said Survey line in
said road 200.04 feet to a corner;
THENCE North 87 degrees 50 minutes West 1,331.34 feet to a steel pin for
corner. ;
T'HENCE North 00 degr2es 04 :r;iriutes East with a fence 2�0.00 feet to a s�eel
pin for a corner;
THENCE Sc>uth 87 degrees 50 mi�utes East with a fence part of the way 1,330.45
feet to the PLACE OF BE:GINNING, CONTAII�ING in all 6.107 acres.
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