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HomeMy WebLinkAboutORD 1987-034 ORDINANCE NO. 8 7-3 4 AN ORDINANC:E ANIENDING ORDINAN(� NO. 82-73, THE COMPREHII�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOLVN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A "�"� I�OT, TRACT, OR PARCII� OF LAND LYING AND BEING SITUATEED IN TARRANT COUNTY, 7.�XAS, BEING A PART OF THE WILLIAM DRISK�,T, SURVEY, ABSTRACT N0. 405, IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPI�EI�I,Y DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-TH" TOWNHOUSE ZONING DISTRICT AND "PCD" PLANNID CONIl"lERCIAL DEVEI�OP�r DISTRICT TO "R-5.0" ZERO I�0'I' LINE ZONING DISTRICT; CORREC'I'ING TFIE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING � A CLAUSE RELATING TO SEVERABILITY; DETER- MINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAATD A ZONING CHANGE AND AMQVDMENTT THEREIN MADE; PROVIDING A PENALTY NOT TO EXCEED 'I'fiE SUM OF ONE THOUSAND DOLL�ARS ($1,00 0.0 0) Al�ID A SEPARATE OFFE[�TSE SHALI� BE DEENIED COMMITI�D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II�RGENCY ���� WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, T�as, by making applications for same with the Planning & 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 prerequisites 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, 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 i�diately surrounding the site; safety fram 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 tYie ium�ediate 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 parking areas to control dust, effect on the pr�tion of health and the general welfare, effect on light and air, the effect on the overcrowriing of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, � WF�REAS, the City Council of the City of Grapevine, Te�as, 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 pranotion 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, Wf�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 buildings, encourage the most appropriate use of land throughout this city; and, Wf�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 amenc�hnent, 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, �,�,, WI�REI�.S, 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, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF 'I'f� CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the x Canprehensive Zoning Ordinance of the City of Grapevine, T�as, same being also known as Appendix "D" 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: Being a tract of land out of the William Driskell Survey, Abstract No. 405, City of Grapevine, Tarrant County, Texas, more fully and ccgnpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-TH" Townhouse Zoning District and "PCD" Planned Comnercial Develo�xnent District is hereby changed to "R-5.0" Zero Lot Line Zoning District, all in accordance with Canprehensive Zoning Ordinance No. 82-73, as amended. 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 canprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the conmunity. 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, comnercial needs and developnent 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 coitenunity. Section 5. This ordinance shall be ciunulative 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 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 ba.lance 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 sukxnitted 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 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 comnission 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 i�nediate preservation of the public business, property, health, safety and general welfare of the public a:���,, 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, TEXA.S on this the 16th day of ,T„nP , 1987. APPROVED: Mayor ATI'EST: Cit Secre � APPROVED AS TO FORM AND I,EGALITY: ���` � �" �.... ��, �.: �� °� ;. , . ,,, �``� .- '�``,�, � p , � � _ City Attorney EXHIBIT "A" TO ORDINANCE NO. 87-34 �+ FIELD NOTES �" BEING a tract of land situated in the William Driskill Survey, � Abstract No. 405 , Tarrant County, Texas , and being a part of the � following tracts of land: the James Fuller 24 .574 acre tract, recorded in Volume 7744 , Page 792 , the James D. and Joy Fuller • tract, recorded in Volume 7862 , Page 2192 , and the Fuller- Schwartz Land Partnership, recorded in Volume 7850, Page 262 , Deed Records , Tarrant County, Texas , and being more particularly � described as follows : BEGINNING at a set 1/2" iron pin being at the northeast corner of said James Fuller 24 .574 acre tract ; THENCE S 00°19 ' 20" E, 549 .34 feet with an old fence line to a ' _ set 1/2 " iron pin, said iron pin being the southeast corner of said James Fuller 24 . 574 acre tract ; THENCE N 89 °07 ' 29" W, 242 . 79 feet with an old fence line, to a set 1/2 " iron pin; THENCE S O4 �37 ` 20" W, 164 . 89 feet with an old fence line to a found 5/8" iron .pin, said pin being the southeast corner of said James Fuller 24 . 574 acre tract and the northeast corner of said James D, and Joy Fuller tract ; ��F�# THENCE S 00�22 ' OS " E, 149 . 01 feet with and old fence line and the ,east line of said James D. and Joy Fuller tract to a set 1/2" iron pin, said iron pin being on the � `� proposed centerline of Hall-Johnson Road ( an 80-foot ROW) ; � . THENCE S 88 °04 ' 03 " W with the proposed center line of Hall- . Johnson Road a distance of 909 . 19 feet to a set 1/2 " iron pin, said iron pin being the beginning of a curve . � to the right , having a central angle of 02°22 ' 45" , a . radius of 500 . 00 feet , a tangent length of 10 .38 feet , and whose long chord has a bearing of S 89 °15 ' 26" W, and a distance of 20 . 76 feet ; . � THENCE along said curve with said centerline an arc length of 20 . 76 feet to a set 1/2" iron pin; THENCE N 00°06 ' 39" W, 850 .00 feet to a set 1/2" iron pin, said iron pin being on the north line of said James Fuller - , 24 . 574 acre tract ; THENCE N 88°04 ' 03" E with said north line of James Fuller 24 , 574 acre tract a :distance of 1 , 183 .75 feet to the POINT OF BEGINNING and containing _ 21 .3438 acres ( 929 , 736 square feet ) of land of which 0 . 8539 acres � ( 37 , 194 square feet ) is in the proposed Hall-Johnson Road right-of-way. 031010 . ZNG c.