HomeMy WebLinkAboutORD 1983-047 ORDIDI�INCE NO. 83-47
AN ORDINANCE AMII�IDING ORDINANC� NO. 70-10,
� COMPRII�TSIVE ZONING ORDINANCE OF TfiE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPF.'�T�TE, TE�S, GRANTING A ZONING CHANGE
ON A TRAC'I' OF I.AND DESCRIBID AS BEIt1G A
L�1T, TRACT, OR PARCEL OF I�AND LYING AND
_ BEING SITUATED IN TP�ANT COUN'I'Y, TEXAS,
BEING A PART OF Z�iE ELIZABETH COX SURVEY,
ABSTRACT NO. 352, IN THE CITY OF GRI�PEVINE,
TEXAS, P�IORE F'ULLY Al`ID COMPL,EI�LY DESCRIBID
IN THE EODY OF THIS ORDINANC�; ORDERING A
C�-TAI�TGE IN THE USE OF SAID PROPERTY FROP�1
"R-1" SINGLE—FAMILY DWEL�LING DISTRICT AND
"C-2" CQNR�^1[TNITY BUSINESS DISTRICT UNDER
ORDINANCE NO. 70-10 TO "R—MF-2" I�'IULTI—
FP,NIILY DISTRICT Ut�IDER ORDINAI�ICE NO. 82-73;
CORRECI'ING Tf� OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF TI� ZONING
�RDINANC�; PRC7VIDING A CLAUSE REI,ATING TO
SEVERABILITY; DETERMIIQING Tf-IAT THE PUBLIC
TNTERESTS, MORALS AND GII�ERAI, N7E.LFARE
DIIKI�ND A ZONING CHANGE AND AMII�IDNIEN'I'
THEREIN N�,DE; PROVIDING A PENALTY NOT i0
EXCLID THE SUM OF T[n�0 HtJNDRID DOT,T,ARS
($200.00) AND A SEPARATE OFFENSE SHALL BE
DEEN� COMMITI�D UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARING AN
II�ENCY
WHE,REI�S, 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
requirer�nts, conditions and prereguisites 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 co�lied
with; and,
Wf�REAS, 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�¢nediately surrounding the site; safety fran 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 stationazy lights and effect of such lights on established character of
tYie 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 irr�iediate 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 pr�notion of health and the general welfare, effect on light and
air, the effect on the overcraading of the land, the effect on the
concentration of population, the effect on the transportation, water,
_ sewerage, schools, parks and other facilities; and,
4��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 follawing 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 prcgrtotion of health and the
general welfare, effect on adEruzte 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,
[�If�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 most
appropriate use of land throughout this city; and,
jr,71�_RRA�� 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 amenc'.ment, 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 investr�ent was r�ade; and,
WHEREAS, tYie City Council of the City of Grapevine, Te.xas, 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 overcrawding of land; ,
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
WI�RF',AS, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this change in zonir�g and has also
found and detezznined 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 community.
NQW, Z�-iEREFORE, BE IT ORDAINED BY Tf� CITY COUi�TCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Comprehensive Zoning Ordinance of the City of Grapevine, T�as, same being
also }�own 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: �
The follawing described tract or parcel of land situated in the
Elizabeth Cox Survey, Abstract No. 352, Tarrant County, Texas and being the
same tract as recorded on Page 1572 of Vol� 7020 in the Tarrant County Deed
Records and being more particularly described as follows:
BEGINNING by deed about South a distance of 1171.1 feet fram the
Northwest corner of said Elizabeth Cox Survey and being in the centerline of
Hall-Johnson Road and being S 1° 06' E a distance of 23.5 feet frcgn an iron
rod;
TF�7CE N 89° 42' 50" E along the centerline of said Hall-Johnson Road a
distance of 1688.0 feet to the intersection of the centerline of said
Hall-Johnson R�ad with the West rightrof way line of F.M. Highway No. 157 and
being S 0° Ol' 25" W a distance of 68.0 feet from a one inch iron rod;
THENCE S 0° O1' 25" W along the West right-of-way line of said F.M.
Highway No. 157 a distance of 1217.67 feet to a one inch iron rod at the
Northeast corner of a 19.997 acre tract as recorded on Page 1784 of Vol�
7125 in the Tarrant County Deed Records;
Tf-�TCE S 89° 48' 35" W, at a distance of 1663.9 feet a one inch iron rod
in the East line of Cheek-Sparger Road, a total distance of 1688.91 feet to
the centerline of said Cheek-Sparger Rc>ad;
'I'��TCE DI 0° 04' E along the centerline of said Cheek-Sparger Road a
distance of 1214.84 feet to place of beginning, containi.ng 47.144 acres or
2,053,572 square feet with approximately 1.584 acres or 69,436 square feet
being occupied by said Hall-Johnson Road and Cheek-Sparger koad leaving a net
acreage of 45.55 acres or 1,984,136 square feet of land, which, in accordance
with Com�prehensive Zoning Ordinance No. 70-10, was previously zoned "R-1"
Single-Family Dwelling District and "C-2" Conanunity Business District is
hereby changed to "R-MF-2" Nbulti-Family District in accordance with
C�rehensive Zoning Ordinance No. 82-73.
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 tsacts 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 ordinar.ces of the City of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein
established have been made in accordance with the co�rehensive plan for the
purpose of promoting health, safety, rre�rals and tY,.e 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 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 provisicns for the
normal business, conanercial needs and develo�nt of the conarnznity. They have
been made with reasonable consideration, ampng 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 co�rninity.
Section 5. This ordinance shall be c�urnzlative 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 v�here 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 zoni.ng 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 statement or plan sul�nitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
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 sha.11 exist, and any architect, builder,
contractor, agent, person, or corporation employed in connection therewith,
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, m�rals, peace, and general welfare of the inhabitants of the City of
� Grapevine, Texas, creates an emergency for the imr�diate preservation of the
public business, property, health, safety and general welfare ef 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 16th day of August, 1983.
APPROVED:
/ �
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Mayor
AZT�ST:
,���2�� �� � � �/
City Secretary
APPROVED AS TO FORM AND LEC�I,ITY:
:
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City Attorney ' `�,�'
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