HomeMy WebLinkAboutORD 1984-028 or�rn�vcE No. sa-2s
AN ORDINANCC�G �IDING ORDINANCE N0. 70-10,
TI-iE COMPREHE�tSIVE ZONING ORDINANCE OF Tf-iE
CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO
KNOWN AS APPII�IDIX "A" OF THE CITY CODE OF
C�21�PEVINE, TEXP,S, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBED AS BEING A
IiOT, TRACT, OR PARCII� OF I�P,ND LYING AND
BEING SITUATID IN TARRI�NI' COUNTY, TEXAS,
BEING A PART OF TF� A. FOSTER SURVEY,
ABSTRACT N0. 518, IN THE CITY OF GRAPEVINE,
TEX1�S, MORE FULLY AND COMPI�LY DESCRIBED
IN Tf-iE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM
"R-3" MULTI-FAMILY DWELLING DISTRICT UNDER
ORDINANCE NO. 70-10 TO "R-3.5" 'I'V�10-FAMILY
DWELLING DISTRICT AND "R-3.75" THIZEE- AND
FOUR-FANIILY DWELLING DISTRICT UNDII2 ORDI-
NANCE NO. 82-73; CORREC'I'ING 'I�3E OFFICTAT,
ZONING MAP; PRESERVING ALL OTHIIt PORTIONS
OF Z'HE ZONING ORDINANCE; PROVIDING A C�AUSE
RELATING TO SEVERABILITY; DETERMINING THAT
Tf� PUBLIC INTERESTS, MORAIS AND GENERAL
Vv�LFARE DEMAND A ZONING CHANGE AND ANIE�ID-
N1ENT 'I'HEREIN MADE; PROVIDING A PEi�I�1LTY NOT
TO EXCEID THE SUM OF ONE THOUSAND DOLLA�S
($1,0 0 0.0 0) AND A SEPARATE OFF'II�1SE SHALL BE
DEEN�D C�MMITI'ED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCC[TRS; AND DEQ�AR�Q�1G AN
F1�RGII�ICY
WI�REA.S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
C�nission 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 c�nplied 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 complied
with; and,
WHEREAS, the City Council of the City of Grapevine, Te�as, 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 ' . � iately surrounding the site; safety fran iire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, 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 sir�ns 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 in�nediate neighborhood, adequacy of parking as deternlined by
rec�uirements 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 ar�d 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,
WHEREAS, 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 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 fran same, the effect on the prcgnotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrowding oi the land, the effect or. the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
Hf�REAS, the City Council further considered among cther things the
character of the district and its peculiar suitability for particulai uses and
with the view to conserve the value of buildings, encourage the mr�st
appropriate 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 demands it,
that the public iriterest 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 investrnent was made; and,
WHEREAS, the City Council of the City of Grapevine, Te�s, dces find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; pranotes 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
requirements; and,
WHEREAS, 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 detezm.ined 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 promote the general
health, safety, and c�lfare of this community.
NOW, THg2F.FORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRI�PEVINE� TEXA.S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Canprehensive Zoning Ordinance of the City of Grapevine, Texas, same bei.ng
also known as Appendix "A" of the City Code of Grapevine, Te�s, be, and the
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 A. Foster Survey, Abstract No. 518, in
the City of Grapevine, Tarrant County, Texas, more fully and ccenpletely
described in Exhibit "A", attached herPto and made a part hereof, which was
previously zoned "R-3" blulti-Family Dwelling District in accordance with
Ordinance No. 70-10 is hereby changed to "R-3.5" 'It�-Family Dwelling District
and "R-3.75" Three- and Four-Family Dwelling District (as delineated in
Exhibit "A") , in accordance with Comprehensive Zoning Ordinance No. 82-73, as
amended.
Section 2. All property heretofore developed for single-family
residential purposes by the construction of single-family, detached
structures, isrespective of the zoning category, shall be deemed conforming
and legal and not non-confornning.
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 in all other respects the use of the tract or tracts of
land herein above described shall be subjecL to all the applicable regulatior.s
contained in said City of Grapevine zoning ordinance and all otYier applicable
and pertinent ordinances of the City of Grapevine, Te�as.
Section 5. That the zoning regulations and districts as herein
established have been made in accordance with the ccanprehensive plan for the
purpose of pr�noting health, safety, morals and the general welfare of the
conmunity. 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 requirements, and to make adequate provisions for the
r�ormal business, commercial needs and develognent of the community. 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 conseYving the value of buildings and encouraging the most
appropriate use of land throughout the conimznity.
Section 6. This ordinance shall be c�unulative 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 7. 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 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 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 sul�nitted and approved hereunder,
shall be guilty of a r.iisdemeanor 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 building or pr�nises, 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 ccnnection therewith,
and who may have assisted in the ca�ni.ssion 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 9. 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 iinnediate preseivation of the
public business, property, health, safety and general w�lfare of the public
which requires that this ordinance shall become effective frcgn 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.
APPROVED: \ ; � ,
_.
Mayor
ATTEST:
��J'(_.�J
Cit Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" PAGE l , TO
ORDINANCE NO. 84-28
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TR�1CT N0. 53 & 54A
R3.5 TWO FAMILY DISTRICT
BEING a tract of land situated in the A. Foster Survey, Abstract
No. 518, City of Grapevine, Tarrant County, Texas and being more
particularly described as follows:
BDGINNING at the intersection of the West right-of-way line of
Dogwood Drive and the South right-of-way line of �•�all Street,
Tf��ICE, S 0° 19' 45" E, along the West rightrof-way line of Dogwood
Drive, a distance of 656.78 feet, more or less, to a point;
T��10E, S 88° 45' 00" W, a distance of 203.93 feet, m�re or less,
to a point;
TI�10E, North, a distance of 199.4 feet, mr�re or less, to a point;
TI�NCE, �n'est, a distance of 43 feet, more or less, to a point; �
THENCE, N Ol° 45' O1" E, a distance of 88 feet, more or less, to a
point;
Tf�IvCE, East, a distance of 11 feet, nx�re or less, to a point;
Tf�ICE, North, a distance of 80.76 feet, more or less, to a point;
Tf�10E, N 10° 56' 55" E, a distance of 10 feet, more or less, to a
point;
TF�10E, North, a distance of 199 feet, n�re or less, to a point;
Tf��10E, West, a distance of 121.77 feet, more or less, to a point;
TI�NCE, N 0° 11' 00" W, a distance of 113.41 feet, more or less, to
a point in the South right-of-way line of Wall Street.
'I'f��T10E, Easterly, aZong the South rightrof-way line of Wall Street
a distance of 339.84 feet, more of less, to the POINT OF BEGIl�tING.
R3.75 'I'HIZEE & FOUR FAMILY DISTRICT
BEING a tract of land situated in the A. Foster Survey, Abstract
No. 518, City of Grapevine, Tarrant County, Texas being more
particularly described as follows:
CONA�I�ICING at the intersection of the South right-of-way line of
Wall Stxeet and the West right-of-way line of Dogwood Drive;
Tf�ICE, Westerly, along the South right-of-vray of Wall Street, a
distance of 339.84 feet, nx�re or less;
Tf�iCE, S 0° 11' 00" E, a distance of 113.41 feet, m�re or less, to
a point, said point being the TRUE P�INP OF BEGINNING:
EXHIBIT "A" PAGE 2, TO
ORDINANCE NO. 84-28
-•� ,
R3.75 Three & Four Family District
continued.
Tf�TCE, East, a distance of 121.77 feet, more or less, to a point;
TF�tvCE, South, a distance of 199 feet, more or less, to a point;
TI�10E, S 10° 58' 55" W, a distance of 10 feet, more or less to a
point;
Z�TCE, South, a distance of 80.76 feet, more or less, to a point;
TI-iENCE, West, a distance of 202 feet, n�re or less to a point;
Tf�10E, D1 10° 52' S0" E, a distance of 341.35 feet, more or less,
to a point;
TF�ICE, N 0° 11' 00" W, a distance of 37.59 feet, more or less to
the TRUE POINT OF BEGII�iNIlVG.
Field notes prepared fr�n field notes sul�nitted by land awner.
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