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HomeMy WebLinkAboutORD 1983-077 ORDINANCE NO. 83-77 AN ORDINANCE AN�3VDING ORDINANCE NO. 70-10, TI-� COb1PRF�III�ISIVE ZONING ORDINIINCE OF THE CITY OF GRAPEVINE, i�'1S, SAME BEING ALSO KNGWN AS APPII�DIX "A" OF THE CITY CODE OF GRAPEVINE, 'I'E�S, GRANTIIv'G A ZONING CHAPIGE ON A TRACT OF I�AND DESCRIBED AS BEING A - I(JT, TRACT, OR PARCEL OF L11ND LYING AND BEING SITUATID IN TARRAl�]T COUNTY, TEXA.S, BEING A PART OF TI-� T. MAHAN SURVEY, ABSTRACT NO. 1050 AND THE A. FOSTER SURVEY, ABSTRACT NO. 513, IN 'I'f-iE CITY OF GRAPEVINE, TEXAS, N!ORE FULLY AND C�LETELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN Tf� USE OF SAID PROPERTY FROM "R-1" SINQ.�E-FANLILY D4�IELLING DISTRICT UNDER ORDINANCE NO. 70-10 TO "P-0" PROFESSIONAL OFFICE ZCNING DISTRICT UNDER ORDINANCE NO. 82-73; CORRECrI'ING Tf� OFFICIAL ZONING N�P; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A CI�AUSE RII�P,TING TO SEVERABILITY; DETERMII�TING THAT THE PUBLIC TN�i�F:RFSTS, MORAI,S AND GII�IERAL� WEL�'ARE DEMAI�ID A ZONING CHANGE AND AMEDTDN�]T THEREIN MADE; PROVIDING A PELVALTY NOT TO EXCEID Tf-iE SUM OF ONE THOUSAND DOLI�AR.� ($1,000.00) AND A SEPARATE OFF'ENSE SHAT� BE DEEMm CONIl�'1ITI'ID UPON EACH DAY DURING OR ON � WHICEi A VIOLATION OCCURS; AND DECI�ARING AN F�RGINCY W�S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by maki.ng applications for same with the Planning & Zoning Canunission 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 ca.se 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, - W�EREAS, 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 riotoring public and the pedestrians using the facili- ties in the area i��diately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing eler�nts and glare of the vehicular and sta- tionary 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 i�urediate neighborhood, adequacy of parking as determi.ned by requirements of this ordinance for off-street parking facilities, location of �ngress and egress poi.nts 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 and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WHERF�.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 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 dar:gers 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- crawding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, 6�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 buildi.ngs, encourage the m�st appro- priate use of 1and tY�soughout this city; and, - �iif�REAS, 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 a�ndment, that the zoning changes do not unreasonably invade the rights of those who i�ought or improved property with reference to the classification which existed. at the time their original invest�rent was made; and, 6�RF.AS, 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 d�ngers; promotes health and the general welfare; 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 require- ments; and, W'HEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this change in zoning and ha.s also found and detezmined that 'rhere has been a change in the conditions of the property surrounding and in close proxiunity 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 3 citizens of the City of Grapevine, 'I'exas, and helps pr�te the general health, safety, and welfare of this community. NOW, TI�REFORE, BE IT ORDAINID BY 'I�IE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Con�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is hereby amennded and changed in that the use of the follawi.ng described property, to-wit: Bei.ng a tract of land out of the T. Mahan Survey, Ab'stract No. 1050, and the the A. Foster Survey, Abstract No. 513, in the City of Grapevine, Tarrant County, Texas, m�re fully and co�letely described in Exhibit "A", attached hereto and made a part hereof, which, in accordance with Con�rehensive Zoning Ordinance No. 70-10 was previously zoned "R-1" Single-Family Dwelling District is hereby changed to "P-0" Professional Office Zoning District in accordance with Co�rehensive Zoning Ordinance No. 82-73. Section 2. The City Manager is hereby directed to correct the official zoning riap 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 regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. ` Section 4. That the zoning regulations and districts as herein estab- lished have been made in accordance with the co�rehensive plan for the purpose of promoting health, safety, morals and the general welfare of the conanunity. They have been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, ta lessen congestion in the streets; to secure safety frcan fire, panic, flood and other danqers; 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 normal business, commercial needs and developirnnt of the co�rninity. 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 conser��ing the value of buildinqs and encouraging the most appro- priate use of land throughout the comm�unity. Section 5. This ordinance shall be cim�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 tern�s and provisions of this ordinance shall be deem�d to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land descri.bed 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 requirem�azts thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submi.tted 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 separate offense. The aaner or awners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed or shall e�ist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herei.n 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 i�diate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall bec� effective fram 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 15th day of November, 1983. APPROVED: � s Mayor � ATI'EST: City Secretary . APPROVID AS TO FORM AND LEGALITY: City Attorney EYHIBIT "A" TO ORDINANCE NO. 83-77 �IELD NOTES SITL'11TED in the City of Grapevine, Tarrant County , Texas , in the T. Mahan Survey, 1lbstract No. 1050 , and the A. Foster Survey , Abstract No. 513 , and beinq a part of a tract of land described in Volume 4177 , Paqe 96 of the Tarrant County Deed Records, and being more particularly described as follows : BEGINNING at the Northeast corner of a 6 .669 acre tract of land in said Survey, same being the Northwest corner of a 3. 986 acre tract of land described in a deed recorded in Volume 7629 , Page 1226 of the Tarrant County Deed Records , and being in the South line of Business State Highway No. 114 (a 100 foot R.O.W. ) ; THENCE S 5° 22 ' 00" E, 544 .93 feet along the West line of the said 3. 986 acre tract to the Northeast corner of a tract of land described in Volume 4001 , Page 001 of the Tarrant County Deed Records; THENCE N 84° 31 ' 32" W, 518 . 16 feet along the North line of said tract to a point for corner in the approximate center of a lake; THENCE in a Northerly direction along the approximate center of said lake as follows: N 40° 50 ' W, 27 . 30 feet; N 22° 30 ' E, 78 . 50 feet; i - � . N 68° 30 ' E, 75 . 50 feet; N 13° 45 ' E, 130 . 00 feet; N 10° 15 ' E, 141 . 50 feet; and N 23° 45 ' E, 117 . 50 feet to a point in the South line of said State Highway 114 and in the North line of the said 6 .669 acre tract; THENCE S 89° 50 ' E, 279 . 00 feet along the North line of �the said 6 . 669 acre tract and along the South line of State Highway No. 114 to the PLACE OF BEGINNING and containing 4 . 7125 acres of land, more or less. �