HomeMy WebLinkAboutORD 1984-042 ORDINIINC,E NO. 84-42
AN ORDINANC,E AMIIQDING ORDINANCE NO. 70-10,
THE COP,'IPREHII�ISIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SANlE BEING AI�SO
I�70WN AS APPIIQDIX "A" OF � CITY CODE OF
GRApEVINE, TEX�1S, GRANI'ING A ZOI�ING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
IfJT, TRA�r, OR PAEZCII� OF LAI�ID LYING AND
BEING SITUATID IN TARRANT COUN'I'Y, TEXAS,
BEING A PART OF Tf� D'I(7�'T',F't',T�At�ID ADDITION TO
Tf� CITY OF GRAPEVINE, TEXAS, MORE FULLY
AND COMPLEI�LY DESCRIBID IN TI� BODY OF
THIS ORDINANC�; ORDERING A CEIANGE IN THE
USE OF SAID PROPERTY FROM "SP" SPF7CIFIC USE
PERNLZT DISTRICT INCIDIIVTAL TO THE OPERATION
OF AN ATf�rIC CII�7'I�R, ALL UNDER ORDINANCE
N0. 70-10 TO "R-7.5" SINGLE-FAMILY DWELLING
DISTRICT UDIDER ORDINANCE NO. 82-73; PRO�TID-
ID, HOWEVER, 'I'HERE IS HEREBY EXPRESSLY
PRESERVID, PROri'FX.,X��D, ACKNOWLEI)GED, AND
AGREID UPON Tf� �WNFR'S RIGHT TO CONSTRUCT,
DEVEL,OP, RIDEVEI.,OP AND MAINI'AIN THE SUBJECI'
PROPERTY IN ACCORDANCE WITH AND PURSUANT TO
CITY OF GRAPEVINE ORDINANCE NO. 78-45
PASSID ON THE 8TH DAY OF AUGUST, 1978 FOR
AN "SP" SPECIFIC USE PII�MIT DISTRICT INCI-
DFL�]TAL TO THE OPERATION OF AN A'I'HI�!'IC
CENTER A1�ID THAT SAID ORDINANCE NO. 78-45
SHAL�L RII�7AIl�1 IN FtJl�L FORCE AND EFFECT AND
NOT BE REPEALID INSOFAR AS ANY DEVEI,OPN�VT
RIGHTS ARE CONCERNED BY ANY ACTIONS WHAT-
SOEVER HEREI'OFORE T� OR BY ANY ACTION
a TAi�T BY THE PASSAGE OF THIS ORDINANCE IN
� THAT ANY AbID AT�, RIGHTS ACQUIRID PURSUANT
� TO SAID ORDINANCE NO. 78-45 SHALL RENIAIN IN
F2TLL FORCE AND EE'FDCT; CORRF�.TING Z�-�
OF'FICIAL ZONING MAP; PRESERVING ALL ��'R
POF�I'IONS OF TF� ZONING ORDINANCE; PROVIDING
A CLAUSE R�TING TO SEVERABILITY; DEI'ER-
b1INING THAT 'I'HE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DIIKAND A ZONING CHANGE
p�1D AME�TDN]II�!' THEREIN NIADE; PROVIDING A
PEDtALTY NOT TO EXCEm THE SUM OF ONE
Txous� Do�s ($i,000.00) � A s���
OFF�TSE SHALL BE DEED"IIDD COMMITTID UPON EACH
DAY DURING OR ON WHIQi A VIOLATION OCCURS;
AND DECLAR�II�1G AN IIKERGENCY
WI�REAS, applications were made to amend the Official Zoning Map, City
of Grapevine, Te.xas, by making applications for same �vith the Planning &
Zoning Commission 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 co�lied
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 complied with; and,
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in1�IF1�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 determination as to whether these requested changes should be
granted or denied; safety of the motoring pubiic and the pedestrians using
the facilities in the area i.�r¢r�ediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing ele.ments and glare of the vehicular
and sta.tionary 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 imriediate neighborhood, adequacy of parking as deternlined
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 promotion of health and the general �aelfare, 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�.S, 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 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 possi.bly present in the
securing of safety fram same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other
public facilities; and,
��1HEREAS, 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�'�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
demands it, that the public interest clearly requires the amenc-trnent, that the
zoning changes do not unreasonably invade the rights of those who bought or
i�roved property with reference to the classification which existed at the
time their original investment was made; and,
WHET�EA_S, the City Council of the City of Grapevi.ne, Texas, does find
tYiat the change in zoning lessens the congestion in the streets, helps secure
safety frcgn fire, panic and other dangers; promotes health and the general
� welfare; provides adequate light and air; prevents the wercraading of land;
avoids undue concentration of population; facilitates the adequate provisions
� of transportation, water, sewerage, schools, parks and other public require
ments; and,
WHEREAS, the City Council of the City of Grapevine, Texas, has deter-
mined that there is a necessity and need for this change in zoning and has
also found and deternuried 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 orig.inally 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 promote the general
health, safety, and welfare of this conarnuzity.
NQW, Tf�REF'ORE, BE IT ORDAINID BY � CITY COUNCIL OF � CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Con�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn 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 descriY�ed
property, to�ait:
Being a tract of land in the City of Grapevine, Tarrant County, Texas,
-s more fully and cattpletely described as all of Lot 14, Block 3, of the
� McClelland Addition, as recorded in Volume 388-115, Page 95, Tarrant County
= Deed Records, which was previously zoned "SP" Specific Use Permit District
' incidental to the operation of an athletic center, all under Ordinance No.
70-10, is hereby changed to "R-7.5" Single-Family Dwelling District, in
accordance with Comprehensive Zoning Ordinance No. 82-73, as amended; pro-
viding, hawever, there is hereby expressly preserved, protected, aclmc�wl-
edged, and agreed upon the awner's right to construct, develop, redevelop and
maintain the subject property in accordance with and pursuant to City of
Grapevine Ordinance No. 78-45 passed on the 8th day of August, 1978 for an
��Sp" S`pecific Use Permit District incidental to the operation of an athletic
center and that said Ordinance No. 78-45 shall remain in full force and
effect and not be repealed insofar as any development rights are concerned by
any actions whatsoever heretofore taken or by any action taken by the passage
of this Ordinance in that any and all rights acquired pursuant to said
Ordinance No. 78-45 shall remain in full force and effect.
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 txact or tracts of
land herein above descri.bed shall be subject to all the applicable regula-
T tions contained in said City of Grapevine zoning ordinance and all other
� applicable and pertinent ordinances of the City of Grapevine, Texas.
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� Section 4. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the ccxnprehensive plan for the
purpose of promoting health, safety, n�rals and the general welfare of the
co�nunity. 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 frcgn fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water, -
parks and other public requixements, and to make adequate provisions for the
norntial business, commercial needs and develo�xttent of the conamanity. They
have been made with reasonable consideration, amc�ng other things, of the
character of the district, and its peculiar suitability for the particular
uses and with a vie�a of conserving the value of buildings and encouraging the
most appropriate use of land throughout the co�rrunity.
Section 5. This ordinance shalt be clmiulative 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.
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� Section 6. That the terms and provisions of this ordinance shall be
deem�d 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 7. 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
requir�re.nts thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan submitted 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 c�mer 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 employed in connection therewith,
and who may have assisted in the camriission 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 imrx,�diate preservation
of the public business, property, health, safety and general welfare of the
� public which requires that this ordinance shall become effective frcgn and
after the date of its final passage, and it is accordingly so ordained.
PASSID AI�ID APPROVID by the City Council of the City of Grapevine, Texas
on this the 14th day of June, 1984.
APPROVID:
Mayor
ATTEST:
City SecretaYy
APPROVED AS 'Ii� FORM AND LEGALITY: -
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City Attorney
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