HomeMy WebLinkAboutORD 1984-046 ORDINANC� NO. 84-46
p�I�T OgDIrIArICE ANIENDING ORDINANCE NO. 70-10,
THE COMPREI�NSIVE ZONING ORDINANCE OF THE
CITY OF G�t,PEUINE, TEXAS� SANIE BEING ALSO
KNO�n1N AS APPII�II)IX "A" OF � CITY CODE OF
GRApEVIrJE, T�g, C�VTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
� IpT, TRFICT, OR PARCII, OF I,AND LYING AND
BEING SIT[JATED IN TAFtRE�iv'T COUNTY, TEXAS,
BEING A PART OF THE W. D. SHII'HERD SURVEY,
ABSTRACT NO. 1393, IN THE CITY OF GRAPE—
V.II�IE, 'I�A.S, MORE F'ULLY AND COMPLE'I'�LY
DFSCRIBID IN TFiE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN T1� USE OF SAID
PROPERTY FROM "R-3" MULTI—FAMILY DWIIILING
DISTRICT UNDER ORDINANCE NO. 70-10 TO
"R-7.5" SINC�,E—FAMILY DWELLING DISTRICT AND
"R—TH" TOV�INHOUSE DISTRICT UNDER ORDINANCE
NO. 82-73; CORRE(,'I'�tG THE OFFICIAL ZONII`G
MAP; PRESERVING L�I�L OZ�iER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE
REL�ATING TO SEVERABILITY; DETERMINING THAT
� PUBLIC INTERFSTS, NYJR�IT�,S AND C�TTERAL
WELFARE DEMAND A ZONING CHANGE AND AMII�]D—
MII�T THEREIN MADE; PROVIDING A PEN�ILTY NOT
TO EXCEID THE SUM OF ONE THOUSFiND DOLLARS
($1,000.00) AND A SEPARATE OFFENSE SHAIS� BE
DEENIED COI��IITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECI�RING AN
II�'III2GII�ICY
WF�RF',AS, 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 con� before the City Council of the City of Grapevin�, Texas, after all
legal notices requir�nents, conditions and prerequisites having been complied
with; and,
tiiF�REAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the following factors i.n
maki.ng a determination as to whether these requested changes should be granted
or denied; safety of tYie motoring public and the pedestrians using the
facilities in the area inm�ediateiy surrounding the site; safety fran fire
hazards and measures for fire control, protection of adjacent property from
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 imnediate neighborhood, adequacy of parking as determined by
requiranents 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 pranation of health ancl the general welfare, effect on light and
air, the effect on the overcrawding of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schcols, parks and other facilities; and,
H�AS, the City Council oz 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 determ:.nation as to whether this
requested change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dar;gers possibly present in the
securing of safety frcan same, the effect on the promotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
�- s -
H�AS, 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 mQst
appropriate use of land throughout this city; and,
WHEREAS, the City Council of the City of Grapevine, Texa.s, does find that
there is a public necessity for the zoning change, that the public demand� it,
that the public interest clearly requires the amench�nt, 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,
tif�REAS, the City Council of the City of Grapevine, Texas, does find that
the change in zoning Iessens the congestion in the streets, helps secure
safety frcm 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, sew�rage, schools, parks and other public
require.ments; and,
WHERF�-1S, 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 detennined 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 c�nznity.
NOW, THERg'ORE, BE IT ORDAIN��'D BY THE CITY COUNCIL OF Tf� CITY OF
GRAPEVINE� TEXA.S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Camprehensive Zoning Ordinance of the City of Grapevine, Te��a.s, same being
al�o lmawn as Appendix "A" of the City Cocle of Grapevine, Texas, k,e, and the
same is hereby an�ended and changed in that the use of the following described
property, to-wit:
Being a tract of iand out of the W. D. Shepherd Survey, Abstract
No. 1393, in the City of Grapevine, Tarrant County, Texas, more fully and
ccanpletely described in E�hibits "A" & "B", 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-7.5" Single-
Family Dwelling District and "R-Tf-I" Tawnhouse District (as delineated in
attached Exhibits) , all in accordance with Comprehensive Zoning Ordinance No.
82-73, as amended.
Section 2. All property heretofore developed tor single-family
residential purposes by the construction of single-family, detached
structures, irrespective of the zoning category, shall be deemed confornling
and legal and not non-confornting.
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 i.n 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 pranoting health, safety, morals and the general welfare of the
cc�urn�nity. 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 frc�n fire, panic, flood
and other dangers; provide adequate light and air; ta prevent overcrawding of
land, to avoid undue concentration of population; facilitate the ad�uate
provisions of txansportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adeqi.late provisions for the
+� r
noncial business, cananercial. needs and develo�.anent of the c�nity. 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 mcst
appropriate use of land throughaut the community.
Section 6. This ordinance shall be ctunulative of all other ordinances of
the City of Grapevine, Tekas, 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 ternis 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 camply therewith, or with any of the
requirements thereof, or who shall build or alter any buildi.ng or use in
violation of any detailcd state�nent or plan su}�ciitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than one thousand dollars ($1,OG0.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The owner or owners
of any building or pranises, 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 caimlission 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 pcxaer 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, Texas are i.nadequate 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 i�nediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective from and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID by the City Council of the City of Grapevine, Te.xas
on this the 19th day of June, 1984.
APPROVED: '
�
Mayor
ATTEST:
�/'Lv_-�.+� �Q�Ll�t.l�
City Secretary '
APPROVID AS TO FORM AND LEGALITY:
City Attorney -
� '� " _ .
EXHIBIT "A" TO
"' � ORDINANCE NO. 84-46
LEGAL DESCRIPTION
PARCEL NO. 104A
LIGHTNER PROPERTY
NOFrPH SIDE OF TIMBERLINE, WEST OF
PROPOSID P�
ZONED "R-7.5" SINGLE-FAMILY DWELLING DISTRICT
Being a parcel located in the W.D. Shepherd Survey, ABSTRACT No. 1393,
Tarrant County, Texas and being more particularly described as follows:
Beginning at a point bearing S 0° 0' 07"W, a distance of 236.1 feet
fram the Northwest corner of said W.D. Shepherd Survey;
TF�10E, N 89° 54' 15"E, a distance of 405 feet more or less, to a
point on the proposed Centerline of future Heritage Avenue;
TI�10E, S 38° 30' 47"W, a distance of 25 feet, along said proposed
Centerline of Heritage to the point of Beginning of a curve to the left;
Tf�NCE, along said curve to the left, of radius 800 feet, through a
central angle of 30° 29' 47", a distance of 425.79 feet, more or less,
along said proposed Centerline of Heritage Ave. , to a point;
Z�NCE, S 8° O1'W, a distance of 7.5 feet, more or less, along said
proposed Centerline of Heritage Ave., to a point on the North Right-of-Way
line of Timberline Dr.;
THII�ICE, West along said North R.O.W. "line of Timberline Dr. , a
distance of 222.22 feet, more or less, to a point;
TF�IC�, N 0° 0' 07"E, a distance of 410 feet, more or less, to the
TRUE POINT OF BEGINNING.
Canpiled frcan City Maps, Field Notes and maps provided by the landowner.
J.R. Baddaker, P.E.
Director of Public Works
� - 6 - d�
EXHIBIT "B" TO
' � ORDINANCE NO. 86-46
T,F.C'�AT, DESCRIPTION
PARCEL NO. 121A
LIGHTNER PROPER'i'Y
DIOR'I'�I SIDE OF TIMBF.RLINE, EAST OF
PROPOSID HERITAGE AVE.
ZONED "R-TH° RESIDENTIAL TOWNfiOUSE DISTRICT
Being a parcel located in the W.D. Shepherd Survey, ABSTRACT No. 1393,
Tarrant County, Texas and being more particularly described as follows:
Beginning at a point that bears S 0° 00' 07"W a distance of 236.1 feet
and N 89° 54' 15"E a distance of 405 feet, frar► the Northwest corner of
said W.D. Shepherd Survey, said point also being on the Centerline of
proposed Heritage Ave.;
Tf�CE, N 89° 54' 15"E, a distance of 275.59 feet, more or less, to a
point in the Centerline of an unnamed Creek, Tributary to Big Bear Creek;
Tf�CE, Southeasterly with the meanderings of said unnamed Creek
centerline to its intersection with the North R.O.W. line of Timberline
Dr. , said point being located 918.67 feet, more or less, along said
Timberline Dr. R.O.W., fran the West line of said W.D. Shepherd Survey;
Z�NCE, N 81° 59'W along said Timberline Dr. North R.O.W. line a
distance of 331.8 feet, more or less, to a point;
TF�10E, N 85° 53' 20"W along said Timberline Dr. R.O.W. line, a
distance of 364.24 feet, more or less, to a point, said point being on the
Centerline of proposed Heritage Ave.;
Tf-�ICE, N 8° 01'E, along said proposed Centerline, 7.54 feet more or
less, to a point, said point being the beginning of a curve to the right;
Tf�TCE, Northeasterly, along a curve to the right, of radius 800 feet,
through a central angle of 30° 29' 47", a distance of 425.79 feet, said
curve being the Centerline of said proposed Heritage Ave.;
Tf�TCE, N 38° 30' 47"E, a distance of 25 feet, more or less to the
TRLTE POINT OF BEGINNING.
Compiled fran City Maps, Field Notes and maps furnished by the landowner.
J.R. Baddaker, P.E.
Director of Public Works