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HomeMy WebLinkAboutORD 1983-085 C:��7II�dCr NO. 83-85 AN CRDIP•I�v'C.� r��NDIPIG ORDINANC� NO. 70-10, Tf-� COP,9PRII�?ST_VE ZONING ORDINANCE OF Tf� CI'I'Y OF GT�:APEVIlVE, TEX.AS, SAi�lE BEING ALSO ��IC+Gv'N AS APP�IDIX "A" OF THE CITY CODE OF GP,APEVII�?E, T� , GRANr.CING A ZONING C�iANGE GN A TRACT OF �1D DESCRIBID AS BEIlVG A LC7I', TRACT, CR PARCI� OF LAND LYING AND B�IrdG SITUATED IN TARRAiv'T COUN'PY, TEXAS, BEING LaI' 1 OF TI� W. R. I,AL�ILEft ADDITION NO. 1 IN THE CI'�I' OF GRAPEVINE, TEXAS, 1�i0RE FCJI'1I,Y AND COI�IPL�,''I'ELY DESCRIBID IN TI-iE BODY OF THIS ORDIr�1NCE; ORDERING A CHANGE TN � USE OF SAID PROPERTY FROP�I "L-I" LIi41ITED INDUSTRIAL ZONING DISTRICT UNDER ORDINANCE NO. 70-10 TO "C-OU" COMh1�2CIAL OUTIX)OR ZONING DISTRICT UNDER ORDINANCE N0. 82-73; CORREC.TING 'I'HE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHII2 PORTIONS OF Tf� ZONII�IG ORDINANCE; PROVIDII�TG A Q,AUSE REI�TING TO SEVERABILITY; DETERMINING Z'HAT THE PUBLIC INTERESTS, NIOR�L,S AND GII�IE�L WII�F'ARE DEMAND A ZONING CFiANGE AND AMII�IDP�7T THEREIN MADE; PROVIDING A PECdALTY NOT 'P� ExCEID THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) AND A SEPARATE OFFENSE SHALS, BE DEF�'E'�D CONIMITTID UPON EACH DAY DURING OR ON WHICH A VIOLATIOlV OCCCTRS; AND DECL�RING AN � EMERGENCY [n�REAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, b_y making applications for same with the PlatZn�ng & Zoning Coirmission of the City of Grapevine, Te�s, 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 betore the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been co�lied with; and, WI�REA.S, the City Council of the City of Grapevine, Te�s, at a public hearing called by the City Council did consider the follawing factors in making a detezrtination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area inm�diately 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 ar.d 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 i.iYunediate neighborhood, adequacy of parking as determined by requirem�ents of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street locating spaces, and protecticn 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 overcrc3wding of the land, the effect on the concentration of pepulation, the effect on the transportation, water, s�aerage, schools, parks and other facilities; and, V�?E-�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 following 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 securir.g of safety from same, the effect on the prairotion of health and the general welfare, effect on adequate ligr.t 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, G��REAS, tt,.e Cit_y Cour.r.il f_urther considered among other things the character of the district and its �eculiar suitability for particular uses and with the vie�� to conserve the value of buildings, encourage the most appropriate use ot land thrcue�hout this city; and, .,., �JF-I�It�1S, the City Council oi 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 amenchnent, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reterence to the classification which existed at the tir�� their original investm�nt was made; and, ��F�RF.AS, the City Council oi t:Y�.e 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 light and air; prevents the avercraacling of land; avoids undue concentration of pepula.tion; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, 4iiF�RE��S, the City Council of the City of Grapevine, Te�as, has deterniined 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 char.ge 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 pro�rote the general health, safety, and welfare of this co�wnity. e NOW, THE�ttg'ORE, BE IT ORDA�dED BY Tf� CITY COUNCIL OF THE CITY OF GRAPE�IINE, TEXAS: 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 }�awn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changecl in that the use of tY�.e following described property, to-�wit: Being Lot 1 of the W. R. Lawler Addition No. 1 to the City of Grapevine, Tarrant County, Texas, which, in accordance with Comprehensive Zoning Ordinance DIo. 70-10 was previously zoned "L-I" Limited Industrial Zoning Dis- trict is hereby changed to "C-OU" Con-anercial Outdoor Zoning District in accordance with Co�re.hensive 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 tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevir.e zoning ordinance and all other applicable and pertinent ordinances of tY:e City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of pramoting health, safety, morals and the general welfare of the com�tunity. 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 safet_y from fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrowding of land, to avoid undue concentration of population; facilitate tl:e adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the nornial business, commercial needs and development of the co�nunity. They have been made with reasonable consideration, a�ng 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 comrnznity. Section 5. ihis ordinance shall be c�tulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisicns of said ordinances E��cept in those instances where provisions of those ordinances �ti�hich are in direct conflict with the provisions of this ordinance. Section 6. 'I'hat +-.he tezr,�s and provisions of this ordinance shall be deemed to be severable and that if the valiclity 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 or the tract or tracts of lanc� 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 requirements 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 of a misc?emeanor 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 a�mer or awners of any builciing 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 comnission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. 'I':ze City of Grapevine, likewise, shall have the pawer to enforce the provisions of this ordinance 'r_hrough 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 inurediate preservation of the � public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective fran and after the date of its final passage, and it is accordingly so ordained. PASSID AND aPPROVEE� by the City Council of the City of Grapevine, Texas on this the 20th day of December , 1983. APP�VID: _�� _ . � � �� ,��1i---_> Mayor ATI`EST: � . Ci y Secretazy AppROVED AS TO FORM AI`TD I.EGr'1L1TY: .�.... City Attorney