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HomeMy WebLinkAboutORD 1983-079 ORDIi�iVCE NO. 83-79 �jiv CRDINAI�IC.� Z�.'��IVDING ORDINANCE NO. 70-10, �� CCL'IPRII�?SIVE ZONING ORDIN�INCE OF � CITY OF GRP.PEVINE, TEXAS, SAfi� BEING ALSO KIvTCiti'N AS AI'PENDIX "A" OF � CITY CODE OF GRAPEVINE, Z�S, GRAr7TING A ZONING C�iANGE ON A 'IRACT OF L[�ND DESCRIBID AS BEING A LCfl', �CT, GR PARCEL, OF LAl`� LYING AND BE I�TG �I�'UATID IN TARR�IVT COUNI'Y, TF,XA.S, BEING A PA3�' OI' TI� A. F. LEONARD SUR'VEY, ABSZ'�CT P70. 946, IN THE CITY OF GRAPEVINE, 'I�Y�'�, i��RE FU�LY '1I�ID COMPLE'I'ELY DESCRIBID IN '�� EODY OF THIS ORDINANCE; ORDERING A Q�A1�iGE IN TNE USE OF SAID PROPERTY FROI�1 "R-1" SINGLE-FAr�1ILY DWELLING DISTRICT UNDER oRDrNANCE No. 70-10 To "F2-3.75�� TI�2EE- At�ID FOUR-FP.�'�iILY ZONING DISTRICT UNDER ORDIL�NCE N0. 52-73; COF�ECTING THE OFFICIAL ZONING i�Ap; PRESERV:II�G AI�L OrI'HER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE REL,ATING TO SEVERABILITY; DEl'ERMIlVIl�tG THAT `I`FiE PUBLIC INTERESTS, MORALS AND GEI�TERAL 4��ARE DII�AI�'D A ZONING C�iANGE AND AME�iD- i•�]T Tf-�REII�1 PdADE; PROVIDING A PENALTY NOT TO EXCr`�D THE SUM OF ONE THOUSAND DOTT,ARS ($1,000.00) AND A SEPARATE OFFII�ISE SHALL BE DEE^'�D COP,'�IIZTED UPON EACH DAY DURING OR ON WHIC�i A VIOLATION OCCURS; AND DE�I�ARING AN � II�'�RGII�tCY . ��I�RE1�S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Co�nission 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 requisem�nts, conditions and prerequisites having been co�lied 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, ���RF_115, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Cour�cil did consider the following factors in making a detern.ination as to whether these requested changed. should be granted or denied; safety of the motoring public and the pedestrians using the facili- ties in the area i�diately surrour�ding the site; safety from fire hazards and measures for fire ccntrol, protection of adjacent property fram flood or water damages, noise producing ele�nts and glare of the vehicular and sta- tionary lights and effect of such lights on established character of the neighborr.00d, 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 e.xpected to be generated by the proposed use around the site and in the inmediate neighborhood, adequacy of parking as determined by requir�rents 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 realth by surfacing on all parking areas to control dust, effect on the prom�tion of health and the general welfare, effect on light and air, tl-�e effect on the overcrawding of the land, the effect on the � concentration of pcpulation, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WHF�E�.S, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevi.ne, Texas, did consider the follcwing 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 prom�tion 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, w�S, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and taith the view to conserve the value of builclings, encourage the mr�st appro- priate use of land thrcughout this city; and, 4��5, the City Council of the City of Grapevine, Texas, does find that there is a public necessit�� for the zoning change, that the public demands it, that the public interest rlearly requires the a�nenc�hnent, that the zoning changes do not unreasonably invade the rights of those who bought or improved prope?�ty �-�ith reference to the classification which existed at the time their origir.al invest�nent �aas made; and, t��S, the City Council oi 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 c7angers; promotes health and the general weltare; 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, Wf�R��S, the City Council of the City of Grapevine, Texa.s, has detexmined that there is a necessity ar_d need ror 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 tYie 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 Grapeti=ine, Texas, and helps pran�te the general health, safety, and welfare of this comnunity. �1 NOW, 'Pf-1F�2EFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordi.nance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also }maan as Appendix "A" of the City Code o� Grapevine, Texas, be, and the same is here.by amended and changed i.n that the use of the following described property, to-wit: Being a tract of land out of the A. F. Leonard Survey, Abstract No. 946, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in �hibit "A", attached hereto and made a part hereof, whieh, in accordance with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "R-1" Single-Family Dwelling District is hereby changed to "R-3.75" Three- and Four-Family Dwelling District in accordance with Comprehensive Zoning Ordi- nance 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 tracts of land herein above descri.bed 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 ot Grapevine, Texas. Section 4. That the zoning regulations and districts as herein estab- lished have been made in accordance with the comprehensive plan for the puz�pose of promoting health, safety, morals and the general welfare of the c�ununity. 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 fram 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 pu:�lic requirements, and to make adequate provisions for the normal business, co�riercial needs and developm�nt af the community. 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 appro- priate use of land throughout the conIlrnznity. Section 5. 'I`his ordinance shall be ctur.ulative of all other ordinances of the City of Grapevine, Texas, atfecting 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 deem�d 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 valid�ty of the zoning of the �-s balance of the tract or '-�.racts of land described herein. Section 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to co�ly therewith, or with any of the requireirents 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 o� a misdear�anor and shall be liable to a fine of not mpre than one thousand dollars ($1,000.00} , and each day such violation shall be permi_tted to e�xist shall constitute a separate offense. The owner 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 therewith, and who may have assisted in the c�ission 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 pawer to enforce tY�.e 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, mc�rals, 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 �ahich requires that this ordinance shall become effective fr�n and after the date of its final pa.ssage, and it is accordingly so ordained. PASSID AND APPROVED by the City Council of the City of Grapevine, Texas on this the 15th day of November, 1983. APPROVID: � Mayor ATI'FST: z City Secretary APPROVID AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" TO ORDINANCE NO. 83-79 7KACT Uf Ll;r�,� II� TNE A. �. LEOt�AhD SUkVEY, ��- 946 � TARR,�t�T CUUf,TY, T�EXAS • The following described tract or parcel of land situated in the A.F. Leonar� Surve}-, A-946 , Tarrant County, Texas and being the , same 1 .505 acre tract as rec�rded on �'age 609 of Volume 5879 in the Tarrant County �eed Records and t�einy a portion of a . _ 3.476 acre tract as recorded on Page 10 of Volume 5073 in the Tarrant County Ueed Records and being more particularly described as follows: �EG1t;f�ItJG by deed Cast a distance of 1320.0 feet and North a �'istance of 1913.7 feet from the Southwest corner of said f,.F. Leonard Survey and being at tt�e �outheast corner of said 1 .506 acre tract; THENCE S �9° 17 ' S5° W, at'a distance of 25 .9 feet an iron rod at the intersettion of the West 1 ine of t�orth t4ain Street ►rith the North line of PJortt� Street, a total distance � � along the Tlorth line of said tr'orth Street o�� 450.04 feet to " � an iron rod at the Southeast corner of � tract �s recorded on Page 53b of Volume 3467 in the Tarrant Ccunty Geed Necords and also being the Southwest corner of said 1 .5G6 acre tract; THE���CE t� 1 ° 1C' 35" td a distance of 244.83 feet to an F iron rod to the tiortheast corrier of said t�-act as recorded on Nvge 5:i6 of Volume 3467 in the T�rrant County Deed Records; THE��CE S °9° 23' S0" 4J a• distance of Y_>1 .81 feet to an iron rod at the Northwest corner of said tract ��s recorded on � Page 536 cf Uolwne 3467 in the Tarrant County Deed kecords; THEt;CE f� 1 ° 09' 35" E a distance of 195.98 feet to an iron rod at tiie Northwest carner of said 3,476 acre tract; TI�E��CE t; 89° Ol ' S5" E a dist,ince of ?91 .74 feet to an ir�n-rod; � TI1E({CC S 3° 57 ' 15" E a distance of 296.06 feet to an iron rod; � ; � THE�dCE t� �0° UO' 4�i' E, at a distance of 197.3 feet an ' . iron rod in the tJest 1_�ne of said North Main Street, a total distance of 2Z3.99 feeL, to the t�ortheast corner of said • 1 .SGo acre tract; � T►IE!�CE S :'° 03' E alon, Said North t�ain Street a distance of lr'?.7�, fe�t to �:lace of be��inning, cuntaining 3.�86 acres or 1 �1 ,:;7G s :�are feet with approxi�ately 0.10� acre or 4711 syua,�e feet bein9 accupied .by said !�urtn t�ain Street leaving a r.et acreage af 3..',7:; acres or 157 ,159 square feet � uf land �r.�,��e o�' less. �