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HomeMy WebLinkAboutORD 1984-059 ORDINANCE N0. 84-59 AN ORDINANCE AN1II�iDING ORDINANC� NO. 70-10, THE COMPREEIIIVSIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, TEX1�S, S1�NIE BEING ALSO KNC74�7N AS APPIIVDIX "A" OF � CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING ��ANGE ON A TRACI' OF I�1VD DESCRIBID AS BEING A � LOT, TRACT, OR PARCEL OF LAI�ID LYING AND � BEING SITUATID IN TARRANI' COUN'I'Y, Z�,.S, BEING A PAR'I' OF THE E. COX SURVEY, ABSTRACT � NO. 352 IN THE CITY OF GRP,PF�TINE, TEXAS, MORE FULI,Y A1�ID CiOItiPLEI'ELY DESCRIBID IN Tf� BODY OF THIS ORDINANC.E; ORDERING A CHANGE IN Tf� USE OF SP,ID PROPEF�I'Y FFZOM "R-1" SINGLE—FANIILY DWEL�LING DISTRICT UNDER ORDINANC� NO. 70-10 TO "CN" NEIGE�ORHOOD C�RCIAL ZONING DISTRICI' UNDER ORDIl�IANC� NO. 82-73; CORRECTING Z'HE OFFICIAL ZOrdING MAP; PRESERVING ALL 0'I�IIIt PORTIONS OF THE ZONING ORDINI�ICE; PROVIDING A CI�AUSE RF7,ATING 'I�0 SEVERABILII^Y; DEI'ERNIINING THAT THE PUBLIC IIVZ�RES�I'S, MOR�ILS AI�ID GENERAL WII.�'ARE DII�ND A ZONING Q�ANGE AND AN�ID- MENTT Tf�REIN NlADE; PROVIDING A PII�I�LTY NOT TO EXC.'Em THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AI�ID A SEPARATE OFFE�tSE SHALL BE DF.E��D COMMI'IrI�D UPON EACfi DAY DURING OR ON WHICH A VIOLATT_ON OCC[JF2S; AND D�'7CLARING AN II,'�FtGENC..'Y 4V��2E',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, Texas, and all the legal requireements, 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 requiren�nts, conditions and prerequisites having been complied 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 following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facil- ities in the area immediately surrounding the site; safety fr�n fire hazards and measures for fire control, protection of adjacent property fran flood or water d�nages, noise producing elements 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 �.xpected to be generated by the proposed use around the site and in the �diate neighborhood, adequacy of parking as determined by requirem�nts 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 promr�tion of health and the general welfare, effect on light and � air, the effect on the overcrowding of the land, the effect on the concen- � tration of population, the effect on the transportation, water, sewerage, � schools, parks and other facilities; and, y WI-IEREREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, �exas, did consider the foll�aing 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 frcgn same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the over- craading of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, W�RF�S, 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 oonserve the value of buildings, encourage the most appro- priate use of land throughout this city; and, WHEREA.S, the City Council of the City of Grapevine, Texas, does find that there is a public necessity for the zoning change, that the public demznds it, that the public interest clearly requires the amexic�hnent, 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 investrrent was made; and, WI�RE',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 fran fire, panic and other dangers; prorrotes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public require- ments; and, Wf-IEREA.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 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 praperty 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 proirote the general health, safety, and welfare of this congrninity. NOW, 'I�iEREFORE, BE IT ORDAII�IID BY THE CITY COUNCIL OF THE CITY OF GRAPE�TINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the t 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 E. Cox Survey, Abstract No. 352, in the City of Grapevine, Tarrant County, Texas, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "R-1" Single-Family Dwelling District is hereby changed. tA "CN" Neigh- borhood Commercial Zoning District, all in accordance with Com�rehensive Zoning Ordinance No. 82-73, as atre-nded. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Te�s, 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, Texas. Section 4. That the zoning regulations and districts as herein estab- lished have been made in accordance with the comprehensive plan for the puzpose of pr�ting health, safety, mc�rals and the general welfare of the � co�rninity. 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 requiremsnts, and to make adequate provisions for the normal business, co�rercial needs and development of the comrnuzity. They have been made with reasonable consideration, among other thir.gs, 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 most appro- priate use of land throughout the community. Section 5. This ordinance shall be c�mzlative 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 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 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 described herein. Section 7. That any person or corporation who shall violate any of the � provisions of this ordinance or fail to comply 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 awner or awners of any buildi.ng 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 c-mployed in connection therewith, - and who may have assisted in the commission 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 paaer 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 i��ediate 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 APPROVED by tY?e City Council of the City of Grapevine, Texas � on this the 7th day of August, 1984. APPROVED: � .�.� Mayor ATTEST: Ci Secretazy APPFtOVID AS TO FORM AND LEGALITY: � � � � City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-59 LEGAL DESCRIPTION � CITY PARCEL NO. 139B BEING a parcel of land located in Grapevine , Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Hall- Johnson Road, said point being 835 . 0 feet, more or less , west of the point of intersection of the centerline of Hall- Johnson Road and the west right-of-way line of William D. Tate Avenue; - THENCE northerly, a distance of 550 . 0 feet, more or less, to a point for corner; THENCE westerly, a distance of 840 . 0 feet, more or less , to a point for corner; THENCE southerly, a distance of 550 . 0 feet, more or less, to a point in the centerline of said Hall-Johnson Road; THENCE easterly, with said centerline a distance of 840 . 0 feet, more or less, to the POINT OF BEGINNING. � � � � ; �