HomeMy WebLinkAboutORD 1988-037 ORDINANCE NO. 8 8-3 7
AN ORDINAN(� AMQ�IDING ORDINANCE NO. 82-73,
THE COMPREHIIQSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, '1'EXAS� SAN1E BEING ALSO
Kr7pWN AS APPIIVDIX "D" OF THE CITY CODE OF
GgApEVINE, TEXAS, GRAlVTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS SEING A
- M IpT, TRACT, OR PARCF}L OF LAND LYING AND
BEING SIT[JATED IN TARRANT COUNTY, TEXAS�
BEING A PAR'I' OF THE G. W. MINI'ER SURVEY,
_ _, ABSTRACT NO. 1034, IN THE CITY OF GRAPE-
> VIl�TE, TEXAS, MORE F'UI.LY AND CONIPLEI'ELY
i DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID
pRppERTY FROM "R-20" SINGLE-FAMILY DISTRICT
REGUI�P,TIONS TO "R-12.5" SINGLE-FAMILY
DISTRICT REGULATIONS; CORFtF��CTING THE
OFFICIAL ZONING MAP; PRESERVING AIZ 0'rF�R
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A CLAUSE RII.,ATING TO SEVERABILITY; DETER-
MINING Tf-1AT THE PUBLIC INZ�RESTS, MORALS
A1Vp GII�tERAI, WEL�F'ARE DEMAND A ZONING CHANGE
AND AMIIVDMaVT THEREIN MADE; PROVIDING A
PENALTY OF FINE NOT � EXCEID TI� SUM OF
'I'V� THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND A SEPARATE OFFE�SE SHALZ BE
DEII�'�p COMMITI� UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DF�L�ARING AN
EMERGII�TCY AND PROVIDING AN EFFECTIVE DATE
WI�RF�.S, applications were made to amend the Official Zoninq Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
C�anission of the City of Grapevine, Texas, as required by State statutes and
j ._ the zoning ordinances of the City of Grapevine, Texas, and all the legal
requirements, conditions and prereq_uisites 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 prerequisites having been complied
with; and,
IWI�',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 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 i�anediate 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 garking areas to control dust,
'f effect on the pr�tion of health and the general welfare, effect on 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 facilities; and,
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WI-�RF,AS, 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 fran same, the effect on the promotion of health and the
general welfare, effect on adequate 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,
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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,
Wf�RF�, 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�nent, 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 investznent was made; and,
� � Wf�RF�1S, 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 overcrowding 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, 'I'HEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
' GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known as Appendix "D" of the City Code of Grapevine, T�as, be, and the
� � same is hereby amended and changed in that the use of the following described
� propertY, to-wit:
� Being a tract of land out of the G. W. Minter Survey, Abstract No. 1034,
! in the City of Grapevine, Tarrant County, Texas, more fully and canpletely
described in �hibit "A", attached hereto and made a part hereof, which was
previously zoned "R-20" Single-Family District Regulations is hereby changed
to "R-12.5" Single-Family District Regulations, all in accordance with the
Comprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. The City Manager is hereby directed to correct the official
I� 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
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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 plan 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 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 provisions for the
normal business, commercial needs and develo�ment 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.
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Section 5. This ordinance shall be ctunulative 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 tenns 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 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 sl�mitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than twc� thousand dollars ($2,000.00) , for each offense and each day such
violation shall continue to exist shall constitute a separate offense. The
owner or awners 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 co�nnission 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, morals, peace, and general welfare of the inhabitants of the City of
� Grapevine, Texas, creates an emergency for the iirmediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective frcan 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 17th day of May , 1988.
APPROVED:
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Mayor
ATTFST:
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City Secretary
� APPROVID AS � FORM AND I,EGALITY:
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�' �_�� ���r.,�-e_ �
' City Attorney
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EXHIBIT "A" TO
ORDINANCE NO. 88-37
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I'I LLD NOTES I
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BEIN(; a tract or parcel of land situated in the City of Grapevine, Tarrant County, 1'exas;
and being part of the G.W. Minter Survey, Abstract Number 1034; and being part of that
� trac't of land described by Deed from Emme Deen Johaeon Sime and huebend� Msrvin C. Sims to '
Eugene J. Collins gnd wife� Marilyn S. Cnllins, record�d in Volump 6895� Page 787, De�d
' Records, Tarrant County, Texas; and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod set for corner in the East line of Countryside East Phase
2, an addition' to the City of Grapevine, recorded in Volume 388-167, Page 19, Plat
! Records, Tarrant County, Texas, said point being South 89°00'18" East a distance of 120.00 �
' feet and North O1°00'44" East a distance of 50.50 feet from the intersection of the North
line of Summerfield Drive (50 foot wide Right-of-Way) and the East line of Mapleridge
' Drive (50 foot wide Right-of-Way), said point being the Southwest corner of a tract of
land described by Deed from Emma Deen Johnson Sims and husband, Marvin C. Sims to ti'esley
Andrew Johnson, recorded in Volume 6893, Page 1295, Deed Records, Tarrant County, Texas;
THENCE North 89°46'SO" East along the South line of said Johnson tract, a distance of
305.91 feet to a 1/2 inch iron rod set for corner;
THENCE South 00°19'45" West a distance of 210.74 feet to a 1/2 inch iron rod found for
corner, said point being in the North line of a tract of land described by Deed from Emma
Deen Johnson Sims et.vir.� Marvin C. Sims to Rodney D. Thompson and wife, Gayle Holley
Thompson, recorded in Volume 6835, Page 2136, Deed Records, Tarrant County, Texas;
i THENCE South 89°49'S7" West along the North line of said Thompson tract, a distance of
308.42 feet to a 1/2 inch iron rod found for corner, said point being the Southeast corner
� of said Countryside East Phase 2;
' THENCE North O1°00'44" East along the East line of said Countryside East Phase 2, a
distance of 210.50 feet to the POINT OF BEGINNING and containing 1.49 acres of land, more
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or less.
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