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HomeMy WebLinkAboutORD 1984-050 ORDINANCE NO. 84-50 AN ORDINANCE ANIEL�IDING ORDINANCE NO. 70-10, Tf� COMPREEiQISIVE ZONING ORDINANCE OF TF� CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KNCl4VN AS APPII�IDIX "A" OF THE CITY CODE OF GRAPEVIIQE, TEXAS, GRANI'ING A ZONI1�tG CHANC� ON A TRACT OF IAND DESCRIBID AS BEING A — I1JT, TRACT, OR PARCEL OF I�I�ID LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PA�P OF TF� J. R. STEPHII�TS SURVEY, ABSTRP,CI' NO. 1490, IN THE CITY OF GRAPE- VIl�TE, TEXAS, MORE FCJ7�,Y AND COMPI�,TII,Y DFSCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A C�iANGE IN Tf� USE OF SAID PROPER`I'Y FROM "R-1" SINGLE-FAMILY DT�JJEZZING DISTRICT U1�IDER ORDINANCE NO. 70-10 TO "CC" COrM�1CTNITY CONIl�QERCIAL ZONING DISTRICT ON TRACT 1, "R-MF-2" MULTI-FAN�LY DV�ELLING DISTRICT AND "R-TH" TOV�INHOUSE ZONING DISTRICT ON TRACT 2, AND "R-7.5" SINGLE- FAMILY DWII1LING DISTRICI' ON TRACTS 3 & 4, AT T, IN ACCORDANCE WITH EXEiIBITS ATTACHED HERE'Ib AND Ng1DE A PART HERFAF; CORREC.'TING � QFFICIAL ZONING MAP; PRESERVING ATT, OTf�R PORTIONS OF THE ZONIl�IG ORDINANCE; PROVIDING A GLAUSE RII�ATING TO SEVEIt- ABILITY; DETERNIINING THAT THE PUBLIC INTERESTS� MORALS AND GIIJ�ZAL WELFARE DET4AND A ZONING C'�iANGE AND ANN1E[[VDMEN'I' TF�F'.RFIN MADE; PFtOVIDING A PIIVALTY NOT TO EXCEID Z� SUM OF ONE TfiOUSAND DOT,T,ARS ($1,000.00) Al�ID A SEPARATE OFFF��ISE SHALL BE DE'EN1ED CON�lITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCC(JRS; AND DDCL�ARING AN E�CY h�REAS, 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 com�lied with, the case having com� before the City Council of the City of Grapevine, Texas, after all legal notices requixem�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 detennination as to whether these requested changes should be granted or denied; safety of the irotoring public and the pedestrians using the facil- ities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property fran flood or water c�amages, noise producing elements and glare of the vehicular and sta- tionazy 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 inmediate neighborhood, adeqtzacy 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 overcrawding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WI�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 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 frcan same, the effect on the pr�tion 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, 4Vf�FtE',AS, the City Council further considered amr�ng 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 appropri- ate use of land thraughout this city; and, WF�REAS, 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 den�ands it, that the public interest clearly requires the amendment, that the zoni.ng changes do not unreasonably invade the rights of those who baught or im�roved property with reference to the classification which existed at the time their original investrrent was made; and, V��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 fran fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcraading of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public require- ments; and, W�, the City Council of the City of Grapevine, Te�s, has determined that there is a necessity and need for this change in zoning and has also found and deterrtLined that there has been a change in the conditions of the property surrounding and in close prox�mity 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 promote the general health, safety, and welfare of this co�anunity. NOW, 'i'HEREF'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GR�PEVINE� TEXA.S: Section l. That the City of Grapevine Orclinance No. 70-10, being the Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also ]mawn 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 follawing described property, to-�ait: Being a tract of land out of the J. R. Stephens Survey, Abstract I�To. 1490, in the City of Grapevine, Tarrant County, Texas, more fully and ccgn- pletely descr�bed in E�ibit "A", attached hereto and made a part hereof, which was previously zoned "R-1" Single-Family Dwelling District under Compre- hensive Zoning Ordinance No. 70-10 is hereby changed to the follawing zoning categories in accordance with Co�rehensive Zoning Ordinance No. 82-73: "CC" Community Commercial Zoning District on Tract 1, same being approximately 20 acres, as shown on �h�bit "B", attached hereto and made a part hereof; "R-ME'-2" Multi-Fami.ly Dwelling District on Tract 2, save and except a � tract of land 150-feet in width lying east of the centerline of the creek and � parallel to same being zoned "R-TH" Tawnhouse Zoning District, said Tract 2 as � shawn on E�hi.bit "B", attached hereto and made a part hereof; i } ! "R-7.5" Single-Fami.ly Dwelling District on Tracts 3 & 4, as shawn on E�hibit "B", attached hereto and made a part hereof. 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 tract or tracts of land herein above descri.bed 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 4. That the zoning regulations and districts as herein estab- lished have been made in accordance with the co�rehensive plan for the purpose of praroting health, safety, rrorals 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 frcan 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 requisements, and to make adequat�e provisions for the normal business, com�ercial needs and development of the co�iity. 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 builclings and encouraging the most appro- priate use of land throughout the co�nanity. Section 5. This ordinance shall be c�urazlative 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 oonflict with the provisions of this ordinance. Section 6. 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 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to cr�mply 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 more than one thousand dollars ($1,000.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The owner 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 �nployed in connection therewith, and who may have assisted in the c�mission of any such violation, shall be guilty of a separate offense and upon conviction shall be fined as herein provided. The City of Grapevine, liketiaise, 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 imrediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective fram 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 3rd day of July, 1984. APPROVED: ( Mayor �� � r A'Iri�EST: ��/Vl�l� City Secretary APPI�OVED AS TO FORM AND LEGALITY: � City Attorney E}ffiIBIT "A" Z+0 ORDINANCE NO. 84-50 G� DESCRIPTION OF PARCEL 104 -_Approxim3tely 95 acres . ALL that certain tract or parcel of land out of the J. R. Stephens Survey, Abstract No. 1490, and in Tarrant County, Texas, being more particularly descriUed as follaws: BEGINNING at a point 540.00 feet North 89° 50' 12" E,_ frcgn the - southwest corner of said Stephens Survey; T��ICE N 00° 08' 08" W 1768.46 feet, more or less; T��ICE in a northeasterly direction 877.83 feet, with a cuzve to the right of central angle of 50° 18' 00" and a radius of 1000.00 feet, more or less; 'I'��10E N 50° 09' 52" E, 64.98 feet, irore or less; _ 'I'��ICE in a northeasterly direction 327.98 feet, with a curve to the left of central angle of 18° 47' 37" and a radius of 1000.00 feet, mc�re or less; TI�ICE S 41° 09' 46" E, 1996.09 feet, m�re or less; Tf-�ICE S 00° 03' 39" E, 781.37 feet, more or less; . _Tf�ICE in a southeasterly direction 440.68 feet with a cuzve to the left of central angle of 17° 18' 30" and� a radius of 1458.91 feet, mQre or less; Tfm�ICE S 09° 03' 00" W, 83.80 feet, mQre or less; Tf�10E in a sout�erly direction 23.77 feet, with a curve to the left of central angle of 60° 28' 50" and a radius of 2834.79 feet, more or less; said point also being located in the south line of the J.R. Stephens Survey; Tf�10E westerly along the south line of said survey, a distance of 1800.0 feet, more or less, to a point; said point being the POINI' OF BEGINNING: �