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HomeMy WebLinkAboutORD 1984-061 OF2DIl�,NC.� NO. 84-61 AN ORDINANCE AN�]DING ORDINI�NCE NO. 82-73, THE GONNIPRII-�SIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING AISO KI�XJV�N AS APPEI�IDIX "D" OF � CITY CODE OF GRAPEVINE, TEXAS, AN AN�]DING ORDINANCE NO. 70-10, S�N1E SEING ALSO KNCJ�VI�T AS APPENDIX „�� "A" OF TI� CITY CODE OF TI-� CITY OF GRAPEVINE, TEXAS, GRANTING VARIOUS ZONING CHANGFS ON PARCEIS OF LAND, DESCRIBID BY MEI'ES AND BOUNDS DESCRIPTIONS IN THE BODY �`"' OF THIS ORDINANCE; SITUATF� IN THE CITY OF GRAPE(7INE, ZARR��NT COiJN'I'Y, TEXAS; ORDERING A CHANGE IN THE USFS OF SATD P1tOPEI2'I'IES TO V�F2IOUS USFS AUTfiORIZID AND PERMI'IZ� UNDER CONIPREEIII�TSIVE ZONING ORDINANC„E NO. 82-73; CORR�CrING THE OFFICIAL ZONING NIAP; PRE- SERVING ALL Ori� PORTIONS OF THE ZONING ORDIlQANCE; PRfJVIDING A CLAUSE RQ�F,TING TO SE�IERABILITY; DErERMINING THAT THE PUBLIC IDl'I'ERESTS, NUJRALS AND GENERAL W�C�'ARE DII�I�ID A ZONING CHANGE ArID ANNIE�NNDN�IT 'I'HEREIN NIADE; PROVIDING A PE[�ALTY NUT TO F�CEID THE SUM OF ONE THOUSAl�ID DOT,T�AR� ($1,000.00) AND A SEPARATE OFF�ISE SHAI,L BE DEF�� COrM'IITi�D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN II�GII�ICY Wf�REA.S, applications were made to amend the Official Zoning Map, City of Grapevine, Te.xas, by making applications for same with the Planning & Zoning *� ' Cca�mission of the City of Grapevine, Te�as, 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 requireme.nts, conditions and prerequisites having been oo�lied with; and, Wf�REAS, 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 reguested changes should be granted or denied; safety of the mc�toring public and the pedestrians using the facilities in the area i��ediately 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 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 praperty, street size and adequacy of width for traffic reasonably expected to be generated by the prc7posed use around the site ancl in the inmediate neighborhood, adequacy of parki.ng 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 pramption of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the effect on the ^"'�`�' concentratian 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.xas, at a public hearing called by the City Council of the City of Grapevine, 'I�exas, did consider the follawing 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 prarotion of health and the general welfare, effect on adequate light and air, the effect on the wercrawding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Hi�RE�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, 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 invest�ment was made; and, Wf�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 clangers; pr�tes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids undue concentration of population; facilitates the adequate pro�visions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�RF,AS, 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 pramote the general health, safety, and welfare of this comrnxnity. NOW, 'I'FIEFtEFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXP,S: Section 1. That the City of Grapevine Ordinance Nos. 70-10 and 82-73, �° being the Comprehensive Zoning Ordinances of the City of Grapevine, Texas, same being also knawn as Appendixes "A" and "D" respectively of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that �`�' the use of the follawing described parcels of land, the legal descriptions of which parcels are attached hereto and made a part hereof by this reference, be, and it is hereby reclassified as follaws: PARCEL N0. FEtOM TO 142 R-1 R-7.5 187A R-1 R-20 Section 2. All property heretofore developed for single-family residential purposes by the construction of single-family, detached structures, irrespective of the zoning category, shall be deemed conforming and legal and not non-conforming. Section 3. 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 4. 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 sa.id City of Grapevine zoning ordinance and all other a�plicable and pertinent ordinances of the City of Grapevine, Texas. ,„� Section 5. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of pro�roting health, safety, morals and the general welfare of the commuiity. 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 overcraw�ling of land, to avoid undue concentration of papulation; facilitate the adequate provisions of transportatian, water, sewerage, drainage and surface water, parks and other public requiren�ents, and to make adequate provisions for the norn�al business, co�erercial needs and develo�ment of the cammanity. 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 community. Section 6. This ordinance shall be c�nnulative 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 7. 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 8. 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 submitted and appraved 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 awner or awners of any building or premi.ses, 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 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 pawer to enforce the provisions of this ordinance through civil court action as provided by sta.te law. Section 9. The fact that the present zoning ordinance and regulations of �"" the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, mr�rals, peace, and general welfare of the inhabitants of the City of �, Grapevine, Texas, creates an emergency for the iimiediate 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 accordi.ngly so ordained. PASSID A1�ID APPRf�VID by the City Council of the City of Grapevine, Texas on this the 21st day of August, 1984. APPRUVED: "��f/ Mayor AZ'1'EST: �� City Secretary � APP1�fJVED AS 'Ib FORM AND LE�P�LITY: City Attorney pARCII� 142 (R-7.5) BEING a parcel of land in Grapevine, Tarrant County, Texas, and being more particularly described as follows: High Country, Phase I, addition to Grapevine, Tarrant County, Texas, as recorded in Plat Record, Voltm�e 388-154, Tarrant County, Texas; ���°� Revision to Lot l, Block 2, HigYi Country, Phase I, Addition to Grapevine, Tarrant County, Texas, as recorded in Plat Record, Volume 388-162, Tarrant County, Texas; ,�w„ High Country, Phase II, Addition to Grapevine, Tarrant County, Te�s, as recorded in Plat Record Voliune 388-162, Tarrant County, Texas. Plat Records � � �:..:. w���. PARCII� 187-A (R-20) A parcel or tract of land situated in the City of Grapevine, Tarrant County, Texas, and being more particularly described as follows: BE7GINNING at the intersection of center lines cf Parr Road and O'Dell Court; �:.�, Tf�'CE north along the center line of Parr Rc�ad, a distance of 750 feet, more or less, to the intersection with the center line of Parr Lane; � TI�ICE west along the centerline of Parr Lane, a distance of 250 feet, more or less, to a point; 2'F�ICE north, 25 feet, nx�re or less, to the southeast corner of a tract of land conveyed to the City of Grapevine as shawn in Vol� 6834, Page 1305, Tarrant County Deed Records, Tarrant County, Texas; ZY�tCE north along the east line of said City of Grapevine, tract, a distance of 730 feet, irore or less, to a point in the center line of Big Bear Creek; Tf�ICE easterly urith the centerline of Big Bear Creek, to a point in the west line of the W. D. Shepherd Survey, Abstract l�o. 1393; TF�TCE south, along the west line of said W. D. Shepherd Survey, a distance of 210 feet, more or less, to the southwest corner of said survey and a point in the north line of the G.G. Starr Survey, Abstract No. 1466; THENCE east, along the north line of said Starr Survey, a distance of 46 feet, more or less, to a point, said point being located S 89° 13' �,,, E, 266.69 feet from the northwest corner of said Starr Survey, and also being located in the center line of a proposed roadway; � Tf�NCE S O1°30' east with the center line 7.33' to a point of curvature of a curve to the left said curve, having a central angle of 15°15' and a tangent distance of 150' , the long chord of which bears S 09°07'30" east, 297.35' to a point of tangency; Tf-�TCE S 16°45' east with said center line 315' to a point of curvature of a cuzve to the right, said curae having a central angle of 18°37'S6", and a tangent of 200'; 'I'f�10E S 12°48'32" east along a chord of said curve 167.58' to a point on the center line of said road; Tf�10E S 78°52'56" west along the center line of a proposed street to the west 84.43' to a point of curvature of a curve to the right, said curve having a central angle of 13°00'00" and a tangent distance of 80.89' , the long chord of which bears S 85°22'56" west 160.74' to a point of tangency; Z�iCE N 88°07'04" west 50' to a point; TI�ICE N O1°52'S6" east 45' to a point; �� THE�ICE N 88°07'04" west 175' to a point on the west line of said Starr Survey; said point also being the northwest corner of the O'Dell Subdivision as shawn in Vol� 388-78, Page 33 of the Tarrant County ''�°" Deed Recerds, Tarrant County, Texas; TF�ICE west along the north line of said 0'Dell Subdivision, a distance of 1564.4 feet, to the northwest corner of said subdivision; 'I'HE�TCE south, a distance of 30 feet, to the centerline of O'Dell Court; Tf�CE west along the centerline of said 0'Dell Court, a distance of 25.0 feet, mr�re or less, to the intersection with the centerline of Parr Rc�ad and the true POINT OF BEGII��Iv'ING.