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HomeMy WebLinkAboutORD 1986-045 ORDINANCE NO. g6-45 AN ORDINANCE AMENDING ORDIN�ll�TCE NO. 82-73, THE COMPREHII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KNOWN AS APPIIVDIX "D" OF � CITY CODE OF C,RAPEVINE, Z�XAS, GRANTING A ZONING CHANGE ON A TRACT OF I�AND DESCRIBID AS BEING A �� IpT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARRANI' COUNTY, TEXAS, BEING A PART OF Tf� W�OODLAND ESTATES � ADDITION, IN THE CITY OF GF2APE'VINE, TEXAS, MORE FULLY AND C,'Ol�']PLEI�LY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A C�IANGE IN THE USE OF SAID PROPERTY FROM "R-7.5" SINGL�E-FAMILY DWII.,LING DISTRICT TO "R-20" SINGLE-FAMILY DWII�ING DISTRICT; CORRDC.PING TI� OFFICIAL ZONING MAP; PRESERVING AT,T, OrI'F3ER PORTIONS OF TE� ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DETERMINING THAT TF� PUBLIC INTERESTS, NIORAL.S AND GENERAL WELFARF DEMATTD A ZONING CHANGE AND AMII�TDMELV'I' THF:RFIN MADE; PROVIDING A PENALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOT,T.AR� ($1,000.00) AND A SEPARATE OFFENSE SHAL�L BE DEII��D COAM'IITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN F�9EEtGENCY WHERF�S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, 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 requir�nents, conditions and prerequisites having been complied with; and, Wf�REA.S, 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 �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 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 locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the pranotion of health and the general welfare, effect on light and air, the effect on the overcrowding of the land, the effect on the �g� 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, 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 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, 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�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 demarlds it, that the public interest clearly requires the amenc]ment, 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�RF�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 fran fire, panic and other dangers; pramotes 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, sew�erage, schools, parks and other public requirements; and, Wf�, 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 w�lfare of this comnunity. . NOW, �ORE, BE IT ORDAINID BY TI� CITY COUNCIL OF THE CITY OF GRAPEVINE, 'I'EXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the "�N Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also ]mown 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 Lots 25, 26, 27, & 28 of Block 1 and Lot 14 of Block 1-R of the Woodland Estates Addition in the City of Grapevine, Tarrant County, Texas, which were previously zoned "R-7.5" Single-Family Dwelling District are hereby changed to "R-20" Single-Family Dwelling District in accordance with Campre- hensive 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 promoting health, safety, morals and the general welfare of the conmunity. They have been designed with respect to both present conditions ��fd and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety frcm fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrow�ling 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, co�nercial needs and develognent of the community. They have been made with reasonable consideration, ampng 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 comnunity. 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 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�mitted 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 ordi.nance 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 imnediate 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 APPROVED by the City Council of the City of Grapevine, Texas on this the 15th day of July, 1986. APPROVED: .�,-- (���.// U�-) ,���`/�_ Mayor ATI�.ST: Ci y Secretary ��-� APPROVED AS TO FORM AND LEGALITY: �� City Attorney