HomeMy WebLinkAboutORD 1984-082 ORDI�ANCE NO. 84-82
AN ORDINANCE AN�iDING O�INANCE N0. 70-10,
THE COMPRII�I�TSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "A" OF 'I�IE CITY CODE OF
C�PEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
�., IiOT, TRA�T, OR PARCEL OF LAND LYING AND
BEING SIT[JATF� IN TARRANT COUNrI'Y, 'I�XAS,
BEING A PART OF Tf� H. DECKER SURVEY,
� ABSTRACT NO. 438, IN THE CITY OF GRAPEVINE,
TEX�1S, MURE FULLY AND COMPLEI`ELY DFSCRIBID
IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PRUPERTY FROM
"R-3" MULTI-FAMILY DWELLING DISTRICT UNDER
O�INANC� N0. 70-10 TO "R-3.5" 'IWO-FAMILY
DWELLING DISTRICT UNDER ORDINANCE NO.
82-73; CORRECI'ING THE OFFICIAL ZONING MAP;
PRESERVING ALL 0'I'HER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT Tf� PUBLIC
INTERESTS, MORALS AND GENER�L WEL�'ARE
DF�IAND A ZONING CHANGE AND AMF.F:DIDMENT
THEREIN MADE; PRUVIDING A PEDIALTY NOrP TO
EXCEID Tf� SUM OF ONE THOUSAND DOLLI�RS
($1,000.00) AND A SEPARATE OF'FENSE SHALL BE
D�D COMMIZTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DF7CLARING AN
II�IERGENCY
WI�RE"l-1S, applications were made to amend the Official Zoning Map, City of
�" Grapevine, Texas, by making applications for same 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 complied with, the case
having come before the City Council of the City of Grapevine, Texas, after all
legal notices require�nts, conditions and prerequisites having been complied
with; and,
HIf�RE1�S, the City Council of the City of Grapevine, Te�s, at a public
hearing called by the City Council did consider the following factors in
making a detezmination 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 fram fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing ele�nents and glare of the vehicular
and stationary lights and effect of such lights on established character of
the neighborhood, Iocation, 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 i�diate 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 pramotion 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,
�
Wf�RF�S, 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 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 fram san�e, the effect on the prc�notion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrovoding 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-iERF�1S, the City Council further considered aitiong 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,
WI�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 d�-inds 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 investinent was made; and,
� WI�REE�.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 frcAn 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, pa.rks and other public
requirements; and,
Wf�REAS, the City Council of the City of Grapevi.ne, 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 pranote the general
health, safety, and welfare of this conanunity.
NOW, THII2E�'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF
GRAPEVINE� TEXA.S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
� Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn as Appendix "A" of the City Code of Grapevi.ne, 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 H. Decker Survey, Abstract No. 438, in
the City of Grapevine, Tarrant County, Texas, more fully and campletely
described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "R-3" Multi-Family Dwelling District in accordance with
Ordinance No. 70-10 is hereby changed to "R-3.5" �ao-Family Dwelling District
in accordance with Camprehensive Zoning Ordinance No. 82-73, as an�ended.
Section 2. All property heretofore developed for single-family
residential purposes by the construction of single-family, detached
stnictures, 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 said City of Grapevine zoning ordinance and all other applicable
�°'* 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 ccxnprehensive plan for the
purpose of prompting health, safety, morals and the general welfare of the
canmunity. 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 frcan fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrowding of
land, to avoid undue concentration of population; facilitate the adeguate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public require�ents, arbd to make adequate provisions for the
norntial business, con�ercial needs and developnent of the con�tunity. They have
been made with reasonable consideration, �nong 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 conununity.
Section 6. 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 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 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 sukxnitted and approved hereunder,
shall be guilty of a misde�neanor 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 premises, or part thereof, where anything in violation of
this ordinance shall be placed or shall e�ist, and any architect, builder,
contractor, agent, person, or corporation employed in connection therewith,
and who may have assisted in the cc�nmission 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 9. The fact that the present zoning ordinance and regulations of
"'�" the City of Grapevine, Te�as 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 in�nediate preservation of the
public business, property, health, safety and general w�lfare of the public
which requires that this ordinance shall becon� effective fran and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPRUVED by the City Council of the City of Grapevine, Texas
on this the 20th day of Novear�ber, 1984.
APPRC7VID:
�
Mayor
ATTEST:
���`C.�il�Q/u.�t/L/
�'" City Secretary
r�,,, APPROVED AS TO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" TO
Or.DINANCE NO. 84-82
Parcel No. 116 - "R-3 . 5" Two-Family Dwelling District
BEING a parcel of land in Grapevine, Tarrant County,
Texas, and being more particularly described as follows:
BEGINNING at the southeast corner of the H. Decker
Survey, Abstract No. 438 , said point being the POINT OF
BEGINNING;
THENCE westerly, a distance of 400 . 0 feet, more or
less, to a point;
THENCE northerly, a distance of 680 . 0 feet, more or
less, to a point;
THENCE easterly, a distance of 40 . 0 feet, more or
less, to a point on the centerline of Timberline Drive;
THENCE southeasterly, with the centerline of Timber-
line Drive, a distance of 690 . 0 feet, more or less, to a
point on the east line of the H. Decker Survey, Abstract
No. 438 ;
THENCE southerly, along the east line of said sur-
vey, a distance of 115. 0 feet, more or less, to a point,
said point being the POINT OF BEGINNING.
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