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HomeMy WebLinkAboutORD 1984-078 O�INIINCE NO. 84-78 AN OF2DINANCE ANIENDING ORDINANCE N0. 82-73, Tf� COMPRE��TSIVE ZONIl�TG ORDINANCE OF THE CITY OF GRAPEVINE, TEXA.S, SANIE BEING ALSO I�IOWN AS APPENDIX "D" OF Z�iE CITY CODE OF G�;APEVINE, TEXAS, GRANTING A ZONING CHANGE ON A 'I'RA�.� OF LAND DESCRIBID AS BEING A ,.�« � I�OT, TRAC.'T, OR PARCEL OF I�AI�ID LYING AND BEING SIT[TATED IN TARRANT COUNTY, TEXAS, BEING A PART OF TI� J. R. STE�I-�TS SURVEY, ABSTRACT NO. 1490 & Tf� J. B. FAY SURVEY, �F� ABS'I'RACT NO. 530, IN THE CITY OF GRAPEVINE, TEXAB, M(JRE FUI�,Y AND CONIPI�'I�LY DESCRIBID IN TI� BODY OF THIS O�INANCE; ORDERING A CHANGE IN THE USE OF SAID PROPER'!'Y FROM R-TH TC7WNHOUSE ZONING DISTRICT, R-MF-2 MULTI-FAMILY DWELLING DISTRIGT, CC COM- MUNITY CON�IAL ZONING DISTRICT, A1�ID LI LIGHT INDUSTRTAL ZONING DISTRICI' TO R-MF-2 MULTI-FAMILY DWELLING DISTRICT ON TRAC.'T 1 AND CC CONIl�liJNITY CONY�IERCIAL ZONING DISTRICT ON TRACT 2, AND PI�IIDING STIPULATIONS; CORRF�C'.C7NG THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A CI�F,USE RII�ATING TO SE�lERF1BILITY; DEI'ERMINING THAT THE PUBLIC INTERESTS, N�ORALS AND C�,'I�RAL WII�'ARE DII�1�ID A ZONING CHANGE AND AN�NDMENT 'I'f�REIN MADE; PROVIDING A PENALTY NOT TO EXCF�ED THE SUM OF ONE THOUSADID DOLL�ARS ($1,000.00) AND A SEPARATE OFFENSE SHAT� BE DEII�lED CONIlKITTID UP(7N EACH DAY DURING OR ON �_..:,, WHICH A VIOLATIOI�I OCCURS; AND DF�CLARIl�TG AN �CY �� W�REAS, applications were made to �nd the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Camnission of the City of Grapevine, Te�s, as required by State statutes and the zoning ordinances of the City of Grapevine, Texas, and all the lega.l requirements, conditions and prerequisites having been camplied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites having been camplied with; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follaaing factors in making a deternzina.tion as to whether these requested changes should be granted or denied; safety of the mr�toring public and the pedestrians using the facilities in the area inmediately surrounding the site; safety fran fire hazards and measures for fire control, protection of adjacent property fram flood or water damages, noise producing ele�alts and glare of the vehicular and stationa.ry 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 "�'"Q site and in fihe inm�'diate neighborhood, adequacy of parking as deternu.ned by ' require�nts of this ordinance for off-street garking 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 prcm�tion of health and the general welfare, effect on light and air, the effec� on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Te�s, did consider the following factors in making a deternliriation 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�tion of health and the general welfare, effect on adequate light and air, ther effect on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation; water, se�rage, schools, garks and other public facilities; and, WHERE',AS, the City Council further considered �ng other things the character of the district and its peculiar suitability for particular uses and with the view to consezve the value of buildings, encourage the mr�st �-•A 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 de�nands it, `��` that the public interest clearly requires the a�nenc3ment, 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, W'�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 fram 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, sewerage, schools, parks and other public requirements; and, Wf�3E�S, the City Council of the City of Grapevine, Texas, has deternnined 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 pram�ote the general °'�'"' health, safety, and welfare of this canarnznity. NOW, THII2�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the Cc�mprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also knawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the sam�e is hereby amended and changed in that the use of the following described property, to-wit: Being a tract of land out of the J. R. Stephens Survey, Abstract No. 1490 and the J. B. Fay Survey, Abstract No. 530, in the City of Grapevine, Tarrant County, Texas, more fully and campletely described in Exhi.bit "A", attached hereto and made a part hereof, which was previously zoned "R-TH° Tawnhouse Zoning District, "R-MF-2" Multi-Fami.ly Dwelling District, "CC" Canmunity Camnercial Zoning District, and "LI" Light Industrial Zoning District is hereby changed to the following zoning categories in accordance with Ccxnpre- hensive Zoni.ng Ordinance No. 82-73, as amended: "R-MF-2" Multi-Family Dwelling District on Tract 1, same being approxi- mately 42.5 acres of land located east of the centerline of the creek, said Tract 1 as shawn on Exhibit "A", attached hereto and made a part hereof; �°"''� "CC" CarQmu�ity C�rcial Zoning District on Tract 2, sam�e being approxi- ma.tely 16 acres as shawn on Exhibit "A", attached hereto and made a part hereof; and further providing that access to and fran said property shall be by Mustang Drive and/or Sta.te Highway 121 South only and that project access to the proposed Cheek-Sparger arterial shall be prohibited. 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 ordinarzce and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and distri.cts as herein established have been made in accordance with the camprehensive plan for the purpose of pramoting health, safety, m�rals and the general welfare of the canrnanity. They have been designed with respect to both present conditions � =k and the conditions reasonably anticipated to exist in the foreseeable future, to less�n congestion in the streets; to secure safety fran fire, panic, flood. and other dangers; provide adequate light and air; to prevent overcrawding of land, tA avoid undue concentration of population; facilitate the adequate �d provisians of transportation, water, sewerage, drainage and surface water, parks and other public requir�nts, ar�d to make adequate provisions for the nornial business, cant�rcial needs and development of the conmtznity. 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 con4nunity. Section 5. This ordinance shall be ciunulative of all other ordinances of the City of Grapevine, Texa.s, 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 describ�d herein. Section 7. That any person or corporation who shall violate any of the �='`� provisions of this ordinance or fail to c�omply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed stateqnent 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 awner 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 esnployed in connection therewith, and who may have assisted in the canmission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herei.n provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordi.nance 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 inadequa.te to properly safeguard the health, safety, mr�rals, peace, and general w+elfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i�uediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall bec� effective frcan and after the da.te of its final passage, and it is accordingly so ordained. PASSED AND APPROVED by the City Council of the City of Grapevine, Texas �'�° on this the 30th day of October, 1984. � APPRtJVED: Mayor ATTFST: City Secretary APPRQVID AS TO FORM AND LECALITY: �-...� �:,� �_ City Attorney � ,�-� '�