HomeMy WebLinkAboutORD 1984-048 ORDIN�NCE NO. 84-48
AN ORDINAN(� ANIF�IDING ORDINANCE NO. 82-73,
THE COMPRII3II�7SIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, 'I'F.xAS, SANlE BEING AISO
Id�I(7WN AS APPIIVDIX "D" OF � CITY CODE OF
GRp,pEVINE, TF'XAS, GRAN`I'ING A ZONING CHANGE
ON A TRACT OF L�ND DESCRIBID AS BEING A
IiOT, TRACT, OR PARCEL OF LAl�ID LYING AND
BEING SITUATID IN TARRAIV'I' COUNTY, Z�XAS,
BEING A PAE7I' CF THE THOMAS EASTER SURVEY,
ABSTRACr NO. 458, Il�I Tf� CITY OF GRAPEVINE,
TEXAS, NYJRE FULLY AND COMPT�l�LY DESCRIBID
IN THE BODY OF THIS ORDIIQANCE; ORDER'Q�IG A
(�iArTGE IN TI-� USE OF SA.ID PROPERTY FROM
"R-3.5" 'IWO-FAMILY DFIII�LING DISTRICT TO
"CC" CO�IIJNITY C�RCIAL ZONING DISTRICT;
CORRE�.PING THE OFFICIAL ZONING MAP; PRE-
SER�IING AI� OTf�R PORTIONS OF THE ZONING
ORDINANCE; PRUVIDIl`JG A CL�AUSE RII�ATING TO
SE�IERABILITY; DEI�RMINING 'I�IAT THE PUBLIC
INTERESTS, MORALS AND GEI�RAL WELFARE
DE�+�lAND A ZONING CHANGE AND AN�iDMENT
�REIN NlADE; PRUVIDING A PIIQALTY NOT TO
EXC� THE SUM OF ONE THOUSAl�ID DOT,T,A,RS
($1,000.00) AND A SEPARATE OFF�TSE SHALL BE
DEII��D COrM'LITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCUR.S; AND DDCL�ARIl`1G AN
II�INCY
Wf�iERE',AS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Te�cas, and all the legal
requirements, conditions and prerequisites having been co�lied with, the ca.se
having come before the City Council of the City of Grapevine, Texas, after all
legal notices requiremP,nts, conditions and prerequisites having been co�lied
with; and,
Wf�REAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the follawing factors in
making a determination as to whether these requested changes should be granted
or deni.ed; safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the site; safety fran fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elements and glare of the vehicular
and stationazy 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 itmiediate neighborhood, adeqtaacy 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 prom�tion 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,
� WI-TRRF.AS, the City Cour.cil of the City of Grapevine, Texas, at a public
hearing called by the City Council of the City of Grapevine, Texas, did
consider the following 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 sa�, the effect on the prcanotion of health and the
general welfare, effect on adeq_uate light and air, the effect on the
overcrawding of the land, the effect on the concentration of population, the
effect on the transportation; water, se�caerage, schools, parks and other public
facilities; and,
Wff�E2RE,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 lauildings, encourage the m�st
appropriate use of land throughout this city; and,
W�RE1�S, the City Council of the City of Grapevi.ne, 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 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 investsrent was made; and,
Wf�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 from fire, panic and other dangers; pronx�tes health and the general
vaelfare; 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
require.ments; and, •
Wf�REA.S, 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 oonditions 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 pronx�te the general
health, safety, and welfare of this conununity.
N0�1, THEREF'ORE, BE IT ORDAINID BY � CITY COUNCIL OF THE CITY OF
GRAPE�7INE� TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Co�rehensive Zonin.g Ordinance of the City of Grapevine, Texas, same being
also }mvwn as Appendix "D" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed in that the use of the follawing described
property, to-wit:
Being a tract of land out of the Thcanas Easter Survey, Abstract No. 458,
in the City of Grapevine, Tarrant County, Texas, mr�re fully and co�letely
described in E�hibit "A", attached hereto and made a part hereof, which was
previously zoned "R-3.5" Two-Family Dwelling District is hereby changed to
"CC" C�nity Comnercial Zoning District, all in accordance with Co�re-
hensive Zoning Ordinance No. 82-73, as amended.
Section 2. The City Manager is hereby directed to correct the official
zoning map of the City ot 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 ordinance and all other applicable
and pertinent ordinances of the City of Grapevine, 'I�xas.
Section 4. That the zoning regulations and districts as herein
established have been made in accordance with the con�rehensive plan for the
puzpose of pram�ting health, safety, morals and the general welfare of the
c�ity. 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 overcravding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, commercial needs and develo�anent of the co�nunity. They have
been made with reasonable consideration, ampng other things, of the character
of the distxict, 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 co�nunity.
Section 5. This ordinance shall be ctunulative 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 6. That the terms and pravisions 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 descri.bed 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�ly 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 submitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not mpre
than one thousand dollars ($1,000.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The dwner 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 comnission 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 imn�diate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall became 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, Texas
on this the 19th day of June, 1984.
APPROVID:
'i,/
Mayor ,
ATTEST: i
�
Cit Secretary
APPROVID AS TO FORM AND I�C'�ALITY:
s
�
City Attorney
F�IIBIT "A" � ORDINANCE NO. 84-48
LEGAL DESCRIPTION
The following described tract or parcel of land situated in
the Thomas Easter Survey, A-458 , Tarrant County, Texas and
being more particularly described as follows:
BEGINNING being N 16° 18 ' E a distance of 226 .92 feet,
N 17° 57 ' 15" W a distance of 72 .93 feet, and N 0° 59 ' E
a distance of 13 . 44 feet from the Southwest corner of Lot l ,
Block B, Oak Knolls Lakeview Addition, to the City of Grape-
vine , Tarrant County, Texas according to plat recorded on
Page 51 of Volume 388-W in the Tarrant County Deed Records;
THENCE N 0° 59 ' E a distance of 184 . 94 feet to an iron rod;
THENCE S 88° 51 ' 30" E a distance of 531 . 52 feet to an iron
rod and being in the West line of a 19 . 309 acre tract as
recorded on Page 876 of Volume 5364 in the Tarrant County
Deed Records;
THENCE S 1° 08 ' 30" W along the West line of said 19 . 309
acre tract a distance of 328 . 8 feet;
THENCE N 73° 42 ' W a distance of 550 . 15 feet to place of
beginning, containing 3. 132 acres or 136 ,447 square feet of
land.
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