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HomeMy WebLinkAboutORD 1984-041 ORDINANCE NO. 84-41 AN ORDINANCE AMII�7DING ORDINANCE N0. 70-10, TI� COMPREHINSIVE ZONING ORDINIINCE OF THE CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO KNOWN AS APPENDIX "A" OF Tf� CITY CODE OF GRAPEVINE, TF�S, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A I�7P, TRACT, OR PARCEL OF I�i�ID LYING AND BEING SITUATID IN TARRANT COUNTY, TEXAS� BEING A PART OF Tf� A. FOSTER BURVEY, ABSTRACI' N0. 518, IN THE CITY OF GRAPEVINE, Z�XA,.S, MORE FULLY AND C:OMPLEI'ELY DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN TF� USE OF SAID PROPERTY FROM "R-3" MULTI-FAMILY DWEL�,ING DISTRICT UNDER ORDINANCE NO. 70-10 TO "R-3.5" TWO-FAMILY DWELZING DISTRICT UNDER ORDINANCE N0. 82-73; CORRECTING TI� OFFICIAL ZONING MAP; PRESERVING ALL 0'I'HER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CI�AUSE RII�TING TO SEVERABILITY; DEI'ERMINII�dG THAT THE PUBLIC INTERESTS, MORALS AND GENERIIL WII�'ARE DE�IAND A ZONING CHANGE AND AMEDIDMENT THEREIN MADE; PROVIDING A PEDTALTY NdI' TO EXCEID Tf-IE SUM OF ONE THOUSAND DOLI�R.S ($1,000.00) AND A SEPARATE OFFENSE SHALL BE DEIIKID COMMI'ITED UPON EACH DAY DURING OR ON WHIC�3 A VIOLATION OCCURS; AND DDCI�ARING AN EMERGENCY H�, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Co�ussion of the City of Grapevine, Texas, as requised 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 requirements, conditions and prerequisites having been ccmplied wi.th; and, WE-��EAS, 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 detennination 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 inmlediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property fran flood or water d�mages, 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 inunediate neighborhood, adeqt.tacy 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 proirotion 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, 4�1I-�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 follo�aing factors in making a determination as to whether this requested change should be granted or denied; etfect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrow�ing 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�EAS, 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 mr�st 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 demarids it, that the public interest clearly requires the amenc3ic�ent, 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 investr�nt was made; and, WHERF.AS, 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 frc�m fire, panic and other dangers; pramotes health and the general welfare; provides adequate light and air; prevents the avercrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, H�RE�, 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 �n 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 pramr�te the general health, safety, and welfare of this canurnznity. NOW, THII�E'ORE, BE IT ORDAINID BY TI� CITY COUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "A" 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 A. Foster Survey, Abstract No. 518, 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" 'Itao-Family Dwelling District in accordance with Ccxnprehensive Zoning Ordinance No. 82-73, as amended. Section 2. All property heretofore developed for single-family residential puzposes by the construction of single-fami.ly, detached stnzctures, irrespective of the zoning categozy, shall be deemed confornling 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 tYie 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 mad� in accordance with the comprehensive plan for the purpose of pr�ting health, safety, morals and the general welfare of the community. 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 adequate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requisements, and to make adequate provisions for the normal business, co�rcial needs and developm�nt of the cac�rnznity. They have been made with reasonable consideration, an�ong other things, of the character of the district, and its peculiar suitability for the particular uses and with a view of conservinq the value of buildings and encouraging the most appropriate use of land throughout the community. Section 6. This ordinance shall be c�nulative ot 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 descri.bed herein. Section 8. That any person or corporation who shall violate any of the provisions of this ordinance or fail to com�ply 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 suY�iitted 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 shal.l be pernaitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or gart 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 cc�mnission 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 ordinarice 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, 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 i�diate preser.vation 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 At�ID APPROVID by the City Council of the City of Grapevine, Texas on this the 14th day of June, 1984. APPRO�IID: �� Mayor ; A'ITEST: City Secretary APPIZOVID AS TO FORM AND LEGALITY: City Attorney Exhibit "A" to Ordinance No. 84-41 "— Parcel 58A - "R-3. 5" Two-Family Dwelling District Being a survey of a tract of 2 . 256 acres of land in the Heirs of A. Foster Survey, Abstract No. 518 , Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the South line of West Wall Street that is 1878 . 61 feet West of and 28 .33 feet South of the Northeast corner of said Foster Survey; THENCE S Ol° 28 ' 00" E, 354 . 92 feet; THENCE S 88° 02 ' 00" W, 291 . 28 feet to the beginning of a curve to the right that has a Central Angle of 73 ° 08 ' 00" , a Radius of 25. 0 feet, and a Tangent of 18 . 54 feet; THENCE Northwesterly, around said curve, 31 . 91 feet to a point in Pebblebrook Street; THENCE N 18° 50 ' 00' W, along Pebblebrook Street 68 . 5 feet to the beginning of a curve to the right that has a Central Angle of 51° 59 ' 00" , a Radius of 25. 0 feet, and a Tangent of 12. 19 feet; THENCE Northeasterly, around said curve, 22 .68 feet; THENCE N 33° 09 ' 00" E, 23 . 18 feet; THENCE Northeasterly, along the Southeasterly and Southerly lines of West Wall Street, as follows: lst - N 27° 22 ' 00" E, 179 . 22 feet to the beginning of a curve to the right that has a Central Angle of 61° 39 ' 00" , a Radius of 150 . 0 feet, and a Tangent of 89 . 51 feet; 2nd - Around said curve 161 . 4 feet; 3rd - N 89° Ol ' 00" E, 100 . 24 feet to the POINT OF BEGINNING and containing 2 . 256 acres of land.