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Home My WebLink AboutORD 1986-010 ORDINANCE NO. 86-10 AN ORDINAN(� AN�TDING ORDINANCE NO. 82-73, Tf� CONIPREHII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SANIE BEING AISO KNOWN AS APPEL�IDIX "D" OF � CITY CODE OF GRAPEVINE, TEXAS, GFt�NTING A ZONING CHANGE ON A TRACT OF I,�ND DESCRIBID AS BEING A LOT, TRACT, OR PARCEL OF I�AND LYING AND BEING SIT[TATID IN TARRANT COUNTY, TEXAS, BEING A PA1�T OF THE G. W. MZNTIIZ SURVEY, � ABSTRACT NO. 1034, IN Z'f� CITY OF GRAPE- VINE, TEXAS, MORE FULLY AND COMPLE,TELY DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-20" SINGLE-FAMILY DG�L�I,ING DISTRICT TO "R-7.5" SINCLE-FAMILY DWELLING DISTRICT; CORRECTING Ti� OFFICIAL ZONING MAP; PRESERVING ALL O'1'f�.R PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A Q�AUSE REL�ATING TO SEVERABILITY; DETERMINING THAT Tf� PUBLIC INTERESTS, NIORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMII�TD- MENT Tf-IE',REIN MADE; PROVIDING A PEDIALTY NOT TO EXCEID THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHAI�L BE DEII�IED CON1�'LZTTID UPON EACH DAY DURING OR ON WfiICH A VIOLATION OCCURS; AND DECI�ARING AN F�'�RGENCY N�, 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 requixements, conditions and prerequisites having been ccx�nplied with; and, inh�REREAS, 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 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 liqhts 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 imnediate 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, 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 possi.bly 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, W�AS, 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, ��„}d Tn�, 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; pranotes health and the general welfare; provides adeguate 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 require�ients; and, WHEREAS, the City Council of the City of Grapevine, Texas, has deternlined that there is a necessity and need for this change in zoning and has also found and deterniiried 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 pranote the general health, safety, and welfare of this conBnunity. NOW, TI�REF'ORE, 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 G. W. Minter Survey, Abstract No. 1034, in the City of Grapevine, Tarrant County, Texas, more fully and ccxnnpletely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-20" Single-Family Dwelling District is hereby changed to "R-7.5" Single-Family Dwelling District, all in accordance with Ccxnprehensive 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 pramoting health, safety, morals and the general welfare of the � '' cannunity. They have been designed with respect to both present conditions and the conditions reasonably anticipa.ted 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 develogne.nt of the community. They have been made with reasonable consideration, amQng 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 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 sams 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 ccxnply 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 commission 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 immediate 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 first reading on this the 21st day of January, 1986. PASSID AND APPROVED by the City Council of the City of Grapevine, Texas on second reading on this the 4th day of February , 1986. APPROVED: G��L Mayor A'ITE.ST: `�"" City Secretary i�, APPROVED AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" TO ORDINANCE NO. 86-14 � LEGAL DESCRIPTION � BEING a tract of land situated in the City of Grapevine, Tarrant County, Texas, out of the G. W. Minter Survey, Ab- stract No. 1034 , and being more particularly described by metes and bounds as follows : BEGINNING at an iron pin in the West line of said Minter Survey, said point being South 1500 . 2 feet from the Northwest corner of said Minter Survey; THENCE North 89° 27 ' E, 1175 . 6 feet to an iron pin; THENCE South 266 . 0 feet to an iron pin for corner; THENCE North 89° 27 ' E, 502 . 9 feet to an iron pin in the West line of County Road No. 3024; THENCE South 0° 37 ' E, along said West line 324 . 1 feet to an iron pin for corner; THENCE South 89° 27 ' W, 1681 . 8 feet to an iron pin � in the West line of said Minter Survey; THENCE North along said West line 590 . 1 feet to the Point of Beginning and containing 19 . 697 acres. � �