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HomeMy WebLinkAboutORD 1979-061 ORDINANCE NO. 79-61 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPRE- HENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF LOT 5 , BLOCK 22 , ORIGINAL TOWN OF GRAPEVINE, IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE ; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-3" MULTI-FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT CORRECTING THE OFFICIAL ZONING MAP ; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE ; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE ; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. WHEREAS , applications were made to amend the official zoning map, City of Grapevine, Texas , by making applications for same with the Planning and 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 pre-requisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas , after all legal notices , requirements , conditions and pre-requisites having been complied with; and, WHEREAS , 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 changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately 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 immediate 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 loading 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 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, WHEREAS, 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 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- crowding of the land, the effect on the concentration on population, the effect on the transportation, water, sewerage , schools , parks and other public facilities ; and, WHEREAS , 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, WHEREAS , 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 investment was made ; and, WHEREAS, 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 welfare, provides adequate light and air; prevents the over- crowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools , parks and other public requirements ; and, WHEREAS , 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 community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL 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, Texas , same being also known as Title 10 of the City Code of Grapevine, Texas , be, and the same is hereby amended and changed in that the use of the following described property, to-wit : Field notes for a tract of land in the Wm. Dooley Survey being a part of the W. D. Deacon tract as recorded in Volume 1510 , Page 501, being a part of Lot 5 , Block 22 , City of Grapevine, Tarrant County Texas . Described as follows : Beginning at a 3/4 inch pipe the southeast corner of a tract of land deeded to R. L. Lucas as recorded in Volume 846 , Page 241 , Tarrant County Deed Records , same being in the east line of the W. D. Deacon tract as recorded in Vol. 1510 , Page 501, Tarrant County Deed Records . Thence with the east line of said Deacon Tract south 0 degrees 17 minutes east 218 . 6 feet to an iron in the north right of way line of the St . Louis and Southwestern Railroad 150 feet from the center line . Thence with said right of way line south 80 degrees 23 minutes west 98. 4 feet to an iron for the north line of Hudgins Street . Thence with the north line of Hudgens Street north 89 degrees 32 minutes west 119 . 6 feet to a 3 inch pipe corner post of fence. Thence north 0 degrees 32 minutes west 222 feet to an iron, the southwest corner of a tract of land deeded to Estill Yates as recorded in Vol. 5788 , Page 210 , Tarrant County Deed Records . Thence with the south line of Yates tract south 89 degrees 46 minutes east 120. 2 feet to the southeast edge of a 3 inch pipe corner post for the southeast corner of said Yates Tract . Thence north 0 degrees 27 minutes west 12 . 5 feet to the northeast edge of a 3 inch pipe post being the southwest corner of a tract of land deeded to Ethel Maxwell as recorded in Vol . 2228 , Page 202 , Tarrant County Deed Records . Thence east 97 . 5 feet to the place of beginning con- taining 1. 118 acres of land; which in accordance with Comprehensive Zoning Ordinance 70-10 was previously zoned "R-3" Multi-Family Dwelling District is hereby changed to "C-2" Community Business District Zoning . 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 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 established have been made in accordance with the comprehensive plant for the purpose of promoting health, safety, morals and the general welfare of the community. 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 from fire, panic, flood and other dangers ; provide adequate light and air; to prevent over- crowding 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 development of 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 appropriate use of land throughout the community. SECTION 5 . This ordinance shall be cumulative 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 orginances 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 zoning of the balance of the tract or tracts of land described herein. SECTION 7 . That any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance No. 70-10 , Zoning Ordinance of the City of Grapevine , Texas . 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 immediate preservation of the public business , property, health, safety and general welfare of the public which requires that this ordinance shall become effective from and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , this the 16th day of October , 1979 . ayor Pro Tem ATTEST: CITY • C'r'AR' 41.0.0 APPROVED AS TO FORM AND LEGALITY: AW CITY ATTO' EY ORDINANCE NO. 79-62 AN ORDINANCE AMENDING THE CODE OF ORDINANCES FOR THE CITY OF GRAPEVINE BY AMENDING (1) CHAPTER 25 , SECTION 28 RELATING TO WATER RATES , MINIMUM CHARGES (METER SIZES) ; (2) AMENDING CHAPTER 25 , SECTION 31, SUBSECTION C RELATING TO MINIMUM WATER AND WASTEWATER RATES CHARGED TO APART- MENT OR TRAILER PARK UNITS ; (3) AMENDING CHAPTER 25 , SECTION 42 RELATING TO WATER AND WASTEWATER MINIMUM RATES FOR SERVICES PROVIDED OUTSIDE THE CORPORATE CITY LIMITS ; PROVIDING A PENALTY, PROVIDING A SEVERABILITY CLAUSE AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of Grapevine , Texas SECTION 1. That Chapter 25 , Section 28 , Minimum Charges is hereby amended as follows : Minimum Charges : In any case the following monthly minimum charges shall be made upon customers of the water system except as provided in Section 25-42 : Minimum Minimum Size of Meter Gallons Monthly Charges 3/4" or less 2M 4. 72 1" 9M 14. 84 12" 21M 26 . 65 2" 34M 37 . 83 3" 78M 74. 27 4" 100M 92. 09 6" 134M 117 . 59 Fire Sprinkler - 14. 38 SECTION 2 . That Chapter 25 , Section 31 , Subsection (C) is hereby amended as follows : "In all cases when three (3) or more apartments or trailer park units are serviced through one meter, the minimum per unit shall be four-fifths (4/5) of the regular three-fourths (3/4) inch water meter minimum prescribed for a single water and/or wastewater service and all additional water and/or wastewater service charges above the minimum for each unit shall be based upon the quantity of water passing through such meter divided by the number of units at rates set forth in the applicable rate schedules . " SECTION 3 . That Chapter 25 , Section 42 is hereby amended to read as follows : The rates charged by the City for water and/or wastewater service outside the corporate limits of the City including tap charges , pro rata charges , consumption charges , deposits , or any other charges shall not be less than double the rates charged to customers within the corporate limits ; provided, wastewater for a residence not connected to the water system of the City shall be at a monthly rate of nine dollars and eighty cents ($9 . 80) . SECTION 4. Severability Clause. If any section, sentence, phrase, word, paragraph, or provisions of this ordinance or the application of that section, sentence, phrase, word, paragraph, or provision to any person, situation or circumstances is for any reason adjudged invalid, the adjudication shall not affect any other section, sentence, phrase, word, paragraph or provision of the Grapevine City Code. The City Council declares that it would have adopted the valid portions and applications of this ordinance without the invalid part , and to this end the provisions of this ordinance is declared to be severable. SECTION 5 . Penalties . Any person violating any of the provisions of this ordinance shall be deemed guilty of a mis- demeanor, and upon conviction thereof , shall be fined $1.00 to $200. 00. SECTION 6. Emergency Clause. The fact that the present ordinances 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 immediate pre- servation of public business property health, safety, and general welfare of the public which requires that this ordinance shall become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED this the 6th day of November 1979 . \r4 MAYOR ATTEST: CTYSEC" ‘L14'1 APPROVED AS TO FORM: 1 CITY ATTORNEY P