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Home My WebLink AboutORD 1986-035 ORDINANGE NO. 86-35 AN ORDINANCE AN�TDING ORDINANCE NO. 82-73, THE COMPREHINSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANIE BEING AISO KNOWN AS APPIIVDIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS SEING A � IAT, TRACT, OR PARCEL OF I�AND LYING AND BEING SITUA'I�D IN TARRANI' COUNTY, TEXAS, BEING A PART OF Tf� JOEL HALLUM SURVEY, � ABSTRACT N0. 722, IN TI� CITY OF GRAPEVINE, TEXAS, MORE F[JLLY AND COMPI�'I'ELY DESCRIBID IN TEIE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN Tf� USE OF SAID PROPERTY FROM "R-TH" 'I'OT�]NHOUSE ZONING DISTRICT TO "R-3.5" 'IWO-FANIILY DWEL�,ING DISTRICT; CORRE�rING THE OFFICIAL ZOTIING MAP; PRESERVING ALL 0`I'HIIt PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DEI�RMINING 'PHAT THE PUBLIC INTERESTS, MORAI�.S AND (�FNF`RAT, WELFARE DEMAND A ZONING CHANGE AND AMEL�TDMEN'I' Tf�REIN MADE; PROVIDING A PENALTY NOT TO EXCEID Z� SUM OF ONE THOUSAND DOT,T,ARfi ($1,000.00) AND A SEPARATE OFFII�TSE SHALL BE DEENIED CONIl�'IITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II��'RGII�TCY WI�REA.S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning � Conanission 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 requiremeYits, 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 inanediately surrounding the site; safety frcan fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare af 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 iumiediate 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 promotion 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, ,� WI�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 securing of safety fran same, the effect on the pramotion 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, in1��S, 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, T�If�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 investznent was made; and, � Wf�REAS, 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 fran fire, panic and other dangers; prcanotes 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, Wf�RE'.AS, the City Council of the City of Grapevi.ne, Texas, 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 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 coirHnunity. NOW, THEREFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the ��`� Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, 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 Joel Ha11Lun Survey, Abstract No. 722, in the City of Grapevine, Tarrant County, Texas, more fully and ccxnpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-TH" Townhouse Zoning District is hereby changed to "R-3.5" 'I�-Family Dwelling District, all in accordance with Comprehensive 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 comprehensive plan for the purpose of pranoting health, safety, morals and the general welfare of the � cc�munity. 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 develognent of the co�nunity. 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 co�nunity. Section 5. This ordinance shall be ct�nulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances �cept 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 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 su}�►itted 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 cammission 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, Te�as 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 inmediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcgn 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 20th day of May, 1986. APPROVED: Mayor ATI'E.ST: City Secretary APPROVED AS TO FORM AND LEGALITY: � ��:..:� City Attorney EXHIBIT "A" TO ORDINANCE NO. 86-35 LEGAL DESCRIPTION WHEREAS, Barney L. Giles , Trustee, is the sole owner of a 7 . 8783 acre tract of land in the Joel Hallum Survey, Ab- stract No. 722 , situated in the City of Grapevine, Tarrant County, Texas, as recorded in Volume 7929 , Page 2292 of the Deed Records of Tarrant County, Texas, and being more parti- cularly described as follows : � BEGINNING at a 1/2" iron pin found in the north right- of-way line of Dove Road (80 ' Right-Of-Way) , said 1/2" iron pin found being the southwest corner of said 7 . 8783 acre tract and also being the southeast corner o� Lot 28, Block B, Oak Grove Addition, an addition to the City of Grapevine as recorded in Volume 388-82 , Page 41 of the Plat Records of Tarrant County, Texas; THENCE N 00° 55 ' 00" W along the east line of said Oak Grove Addition, 614 . 40 feet to a 1/2" iron pin found at the most southerly corner of Lot 10 , Block 7 of Westwood Subdi- vision, an addition to the City of Grapevine, as recorded in Volume 388-192 , Page 76 of the Plat Records of Tarrant County, Texas; THENCE N 87° 51 ' 34" E along the south line of Lot 10 , 11 , and 12 , Block 7 at 112 . 49 feet passing a 1/2" iron pin found at the southeast corner of said Lot 12 and being the southwest corner of that certain tract of land as described in deed to Professional Management Investment Incorporated, as recorded in Volume 6385 , Page 129 of the Deed Records of Tarrant �,� County, Texas, and continuing in all 782. 09 feet to a 'X ' found in concrete at the southeast corner of said Professional Manage- ment Investment Incorporated tract and being in the west right- of-way line of Dove Loop Road (80 ' Right-Of-Way) ; THENCE S O1° 07 ' 57" E along said west right-of-way line, 319 . 04 feet to a 1/2" iron pin set; THENCE S 87° 54 ' 34" W, 466 . 99 feet to a 1/2" iron pin set; THENCE S O1° 07 ' 57" E, 296 . 00 feet to a 1/2" iron pin set in the north right-of-way line on Dove Road (80 ' Right-Of-Way) ; THENCE S 87° 54 ' 34" W along said north right-of-way line 317 . 41 feet to the POINT OF BEGINNING and containing 343 ,180 square feet or 7 . 8783 acres of land. ��