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HomeMy WebLinkAboutORD 1984-027 ORDINANCE NO. 84-27 AN ORDINANCE ANIELVDING ORDINANCE NO. 82-73, Tf� COMPREHEL�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO KN�'N AS APPENDIX "D" OF 'I'HE CITY C:ODE OF GRAPEVINE, TEXA.S, AND ANIENDING ORDINANCE NO. 70-10, SAME BEING ALSO KNQfniN AS APPII�IDIX "A" OF TI� CITY CODE OF TI� CITY OF GRAPEVINE, TEXAS, GRANTING VARIOUS ZONING CHANGES ON PARCEIS OF LAND, DESCRIBID BY METFS AND BOUNDS DESCRIPTIONS IN THE BODY OF THIS ORDINANCE, SIT[TATED IN THE CITY OF GRAPEVINE, TARRI�N'i' COUNTY, 'I�1S; OF�ERING CHANGES IN THE USES OF SAID PROPERTIES TO VARZOUS USES AU'I'HORIZID AND PEF2MITTID UNDER CC�MPREHII�TSIVE ZONING ORDINANCE NO. 82-73; CORRECTING Tf� OFFICIAL ZONING MAP; PRESERVING ALL OiI'HER PORTIONS OF � ZONING ORDINANCE; PROVIDING A CI,AUSE REI,ATING TO SEVERABILITY; DEI'ER- MINING THAT THE PUBLIC INTERESTS, NYJRAI�S AND GII�IERAL WEL�'ARE DIIv1AI�ID A ZONING CHANGE AND ANIENDMII�IT THEREIN MP,DE; PROVIDING A PII�LTY NO'I' TO F�CEID Tf� SUM OF ONE THOUSAND DOLLI�ZS ($1,000.00) AND A SEPARATE OFFEDtSE SHALL BE DEEMID COMNLI'I'I'ID UPON EA�i DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECI�ARING AN II"1�RGENCY W'f�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, Te�s, as required by State statutes and the zoning ordinances of the City of Grapevine, Texa.s, and all the legal require�nents, 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 requirements, conditions and prerequisites having been cam�lied with; and, WI�.S, 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 facilities in the area i�nediately surrounding the site; safety fr�n fire ha.zards 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 iim�ediate neighborhood, adequacy of parking as deternnined 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 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, schools, parks and other facilities; and, WI�RE,AS, 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 following factors in making a detezmination 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 securi.ng of safety fram same, the effect on the pramotion of health and the general welfare, effect on adequate Iight dnd 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 public facilities; and, Wf�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 conserve the value of buildings, encourage the most appropriate use of land throughout this city; and, WHEREAS, 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 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 investn�nt was made; and, WHERFAS, 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 fram fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrow�ling of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�REAS, 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 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 pramr�te the general health, safety, and welfare of this cammunity. NOW, THER�'ORE, BE IT ORDAINID BY TE� CITY COUNCIL OF 'I'HE CITY OF GE2APEVINE� TEXA.S: Section l. That the City of Grapevine Ordinance Nos. 70-10 and 82-73, being the Camprehensive Zoning Ordinances of the City of Grapevine, Texas, san� being also }�own as Appendixes "A" and "D" respectively of the City Code of Grapevine, Texas, be, and the same are hereby amended and changed in that the use of the following described parcels of land, the legal descriptions of which parcels are attached hereto and made a part hereof by this reference, be, and it is hereby reclassified as follows: PARCII� NO. FROM TO A) 68A C-2 CN B) 68B C-� � C) 68C C-2 CN D) 53 & 54B C-2 � Section 2. All property heretofore developed for single-family residential purposes by the constnzction of single-family, detached stnictures, isrespective of the zoning category, shall be dee.med confornling and iegal and not non-conforming. Section 3. All Specific Use permi.ts or Site Plan District zonings that have heretofore been approved for the public storage, sale, and cons�nption of � alcoholic beverages within the legal descriptions contained in this ordinance are hereby declared to be continuing legal and valid whether already in operation or not. Section 4. 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 5. 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, Tex.as. Section 6. That the zoning regulations and districts as herein established have been made in accordance with the ccxnprehensive plan for the purpose of pr�ting health, safety, nx�rals and the general w�elfare of the canmunity. 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 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 requirements, and to make adequate provisions for the normal business, conanercial needs and develo�aneazt of the con�arn�nity. They have been made with reasonable consideration, airong 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 most appropriate use of land throughout the conrtnunity. Section 7. This ordinance shall be ctunulative of all other ordinances of the City of Grapevine, Te�s, 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 8. 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 described herein shall k�e 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 9. 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 b�.iild or alter any building or use in violation of any detailed statement or plan su�mitted and approved hereunder, shall be guilty of a misdern�eanor 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 owners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, l�ilder, contractor, agent, person, or cozporation employed in connection therewith, and who may have assisted in the caninission 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 10. The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate to properly sateguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i��diate preservation of the public business, property, health, safety and general vaelfare of the public which requires that this ordinance shall became effective fran 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 6th day of June, 1984. APPRWED: ��• Mayor ATTF.ST: Ci Secretary APPRWED AS TO FORM AND LEGALITY: City Attorney Parcel 68A - "CN" Neighborhood Commercial District A tract or parcel of land being situated in the City of Grapevine, Tarrant County, Texas, and more particularly described as follows : The westernmost 99 feet of Lot 5, Block 31 , of the Original Town of Grapevine, Tarrant County, Texas, according to the plat recorded in Volume 309 , Page 71 , Plat Records, Tarrant County, Texas. � � � r Parcel 68B - "Cr1" Neighborhood Commercial District A tract or parcel of land being situated in the City of Grapevine, Tarrant County, Texas , and more particularly described as follows: Being the easternmost 185 feet of Lot 4 , Block 15 , and the easternmost 177 feet of Lot 8 , Block 15 , of the Original Town of Grapevine, as recorded in Tarrant County Deed Records, Tarrant County, Texas. Parcel 68C - "CN" Neighborhood Commercial District A tract or parcel of land beina situated in th.e City of Grapevine, Tarrant County, Texas, and more particularly described as follows: Being all of Lot 4 , Block 31 , of the Original Town of Grapevine , as recorded in Tarrant County Deed Records, Tarrant County, Texas . � Parcel No. 53 & 54B - "PO" Professional Office District The following described tract or parcel of land situ- ated in the A. Foster Survey, Abstract No. 518 , in the City of Grapevine, Tarrant County, Texas, and being the West por- tion of a tract of land as recorded in Volume 4969 , Page 871 , of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at an iron rod at the intersection of the North right-of-way line of �aest College Street with the East right-of-way line of State Highway No. 114 and being North 33 degrees 13 minutes West a distance of 61 . 37 feet from the Northwest corner of Block A, Clearview Park Addi- tion to the City of Grapevine, Tarrant County, Texas, accord- ing to plat recorded in Volume 388-42, Page 16 , Deed Records of Tarrant County, Texas; THENCE North 33 degrees 13 minutes �^7est along the East right-of-way line of said State Highway No. 114 a distance of 157. 3 feet; THENCE South 89 degrees 38 minutes 55 seconds East a dis- tance of 87 . 53 feet; THENCE North 0 degrees 00 minutes 50 seconds East a dis- tance of 300 . 03 feet; THENCE North 88 degrees 42 minutes 50 seconds East a distance of 251 . 6 feet; THENCE South 0 degrees 10 minutes 40 seconds East a dis- tance of 388 . 78 feet to the North right-of-way line of said West College Street; THENCE South 68 degrees 54 minutes Vdest along the North right-of-way line of said West College Street a distance of 272 . 12 feet to Place of Beginning, containing approximately 2 . 36 acres of land; SAVE AND EXCEPT any part or portion of the above-described land in the use or occupancy of any public road or highway. � �