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Home My WebLink AboutORD 1985-020 OgDINANCE NO. 85-20 p,N OgDINANCE AMENDING ORDINANCE NO. 82-73, THE COMPREE�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, 'I'EXAS, SAME BEING AISO KNpWI�i AS APPII�l1DIX "D" OF THE CITY CODE OF GRAPEVINE, Z�XAS, GRP,NrING A ZONING CHANC� ON A TRACr OF LAND DESCRIBID AS BEING A �, ,, IpT, TRACT, OR PARCEL OF I,AND LYING AND BEING SIT[JATID IN TARRANT CAUNTY, TEXAS, BEING A PART OF THE J. J. DANI� ADDITION TO THE CITY OF GF�PEVINE, TEXAS, NYJRE F'tJLLY �':" AND C�LEI'ELY DFSCRIBID IN 'I'HE BODY OF THIS ORDINANCE; ORDERING A CHI�NGE IN '1'HE USE OF SAID PRUPERTY FR�JM "R-7.5" SINGLE- FAMILY DWELLING DISTRICT TO "PO'� PRO- FFSSIONAL OFFICE ZONING DISTRICT; COR- RFX,'TING THE OFFICIAL ZONING MAP; PRESERVING AT T, O'I'HER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DETERMINING THAT TI� PUBLIC INTERESTS, MURALS AND GENERAL WELE'ARE DII�ND A ZONING CHANGE AND ANIENDMENT TI�REIN N1ADE; PROVIDING A PENALTY NOT 'T'0 EXCEID TI� SUM OF ONE THOUSAND DOT T.ARS ($1,000.00) AND A SEPARATE OF��TSE SHALL BE DEF��D CODM�IITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND D�CLARING AN II�R�iCY WI�REAS, applications were made to am�end the Official Zoning Map, City of Grapevine, Texas, by making applications for sanbe with the Planning & Zoning � Comnission 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 camplied with, the case "'�� having cane before the City Council of the City of Grapevine, Texas, after all legal notices requir�nents, conditions and prerequisites havi.ng been ccxnplied with; and, WHF�2EA8, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the followi.ng 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 fran fire hazards and measures for fire control, protection of adjacent property fran 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 detennined by requisements 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 prcgmtion 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, setiaerage, 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 fresn same, the effect on the pr�ation of health and the general welfare, effect on adequate light and air, the effect on the overcrawding 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�E11S, 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 �mproved ,��n property with reference to the classification which existed at the time their original investr�nt was made; and, W�, 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; prcanotes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sew�erage, schools, parks and other public requixeqnents; and, Wf�REAS, the City Council of the City of Grapevine, Texas, has deternnined that there is a necessity and need for this change in zoning and ha.s also found and deterniined 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 prcanote the general health, safety, and u�lfare of this co�nunity. NOW, Tf�Rg'ORE, BE IT ORDAINID BY THE CITY COtJI�TCIL OF 'I'HE 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 �,. r same is hereby amended and changed in that the use of the follawing described property, to wit: Being a tract of land in the City of Grapevine, Tarrant County, Texas, more fully and completely descri.bed as Lot 5, Block 4, of the J. J. Daniel Addition to the City of Grapevine, which was previously zoned "R-7.5" Single- Family Dwelling District is hereby cllanged to "PO" Professional Office Zoning District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as an�nc�ed. 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 camprehensive plan for the purpose of pramoting health, safety, morals and the general w�elfare 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 adequa.te provisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, con�rcial needs and development 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 encouragi.ng the most appropriate use of land throughout the community. Section 5. This ordinance shall be c�nulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances e�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 deelned 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 state�nt or plan sul�►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 pezmitted 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 �nployed in connection therewith, and who may have assisted in the conmission 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 inm�ediate preservation of the public }�usiness, 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. ,�,,_w PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on this the 16th day of April, 1985. APPR(7VID: �� Mayor A'ITFST: City Secretary APPROVED AS TO FORM AND LEGALITY: �k.,..,e.. City Attorney