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HomeMy WebLinkAboutORD 1983-049 ORDINANCE NO. 83-49 AN ORDINANCE AN�IDING ORDINANCE NO. 70-10, THE C�OMPREHII�ISIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNC1[�1N AS APPIIJDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXA.S, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS EEING A I,OT, TRACT, OR PARCEL, OF LAND LYING AND BEING SIT(JATID IN TARRAIVT OOUN'I'Y, TEXAS, BEING A PART OF THE A. FOSTER SL'RVEY, - ABS'1'RACT N0. 518, IN THE CITY OF GRAPEVINE, TEXAS, NIORE FULLY AND COMPI�EI.'ELY DESCRIBID IN THE BODY OF THIS ORDINANCE; ORDERING A CI-IANGE IN THE USE OF SAID PROPER'IY F� "R-1" SIrdGLE—FAMILY DWEI�LING DIS'I'RICT UIQDER ORDINANCE NO. 70-10 TO "C—C" CON1NitJNITY CONIl�lERCIAL ZONING DISTRICT UNDER ORDIN�ICE NO. 82-73; CORRE,CTING THE OFFICIAL ZONING MAP; PRESERVING ALL 0'1'��R PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE REL,i�TING TO SEVERABILITY; DEPERNLII�IIlvG THAT TI� PUBLIC INTERESTS, MORAI� AND G�AT, WEI,FARE DE��IAI�7D A ZONING CEI�11�?GE AND AMINDN� THEREIN I�1ADE; PROVIDIIIG A PE[�LTY NOT TO EXCEID � SUM OF TWO HUNDRID DOLr�s (S2oo.o0) �m A s��� or�INSE SHALL BE Dffi��D CONfl�4ITi�D UPON EACH DAY DURING OR ON t��fiICf-i A VIOLATION OCCURS; AND DECLARING AN II�ZERGII�IC.'Y Y�1�lF'�E',AS, applications were made to amend the Official Zoning Map, City of Grapevine, Te�as, by making applications �or same with the Planning & Zoning Commission of the City of Grapevi.ne, 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 co�lied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites ha.ving been co�lied with; and, � Wf�E2EAS, 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 changed should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area u�diately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property fran flood or water damages, noise producing elexnents 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 e�ected to be generated by the proposed use around the site and in the i��ediate neighborhood, adequacy of parking as deternlined b�� requirements of this ordinar.ce 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 overcro�wcling of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, Wf�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 makinq a determination as to whether this req_uested change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other c3angers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, effect on adequate 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 public facilities; and, 4�EAS, 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 rrost appropriate use of land throughout this city; and, H�, the City Council of the City of Grapevine, T�as, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amench�nt, that the zoning changes do not unreasonably invade the rights of those who bought or i�roved property with reference to the classification which e�isted at the time their original investm�nt was made; and, WHERF,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 from fire, panic and other dangers; promotes 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; anct, ���, the City Council of the City of Grapevine, Texas, has deternlined 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 promote the general health, safety, and welfare of this community. N(�7, THERF�ORE, BE IT ORDAINID BY Tf-iE CITY COUNCIL OF � CITY OF GRAPLVINE, 'I'EXAS: 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 knc�m as Appendix "A" of the City Code of Grapevine, T�as, be, and the same is hereby airended 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, m�re fully and c�letely described in �hibit "A", attached hereto and made a part hereof, which, in accordance with Ca�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-1" Single-Family Dwelling District is hereby changed to "C-C" Conamznity Co��ercial Zoning District in accordance with Co�rehensive Zoning Ordinance No. 82-73. 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 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 established have been made in accordance with the comprehensive plan for the purpose o� prom�ting health, safety, irorals and the general welfare of the c�arnznity. 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 overcraading of land, to avoid undue concentration of population; facilitate the adequate pravisions of transportation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the nornial business, comr�ercial needs and develognent of the co�r�unity. 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 buildings and encouraging the most appropriate use of land throughout the conanunity. Section 5. This ordinance shall be ctnrnzlative 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 deen�d 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 saTre 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 whc sha.11 violate any of the � provisions of this ordinance or fail to co�ly therewith, or with any of the requiremP_nts thereof, or who shall build or alter any building or use in violation of any detailed statem�nt or plan submitted and approved hereunder, shall be guilty of a r.�isdemeanor and shall be liable to a fine of not more than two hundred dollars ($200.00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The awner 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 e�loyed in connection therewith, and who may have assisted in the comnission of any such violation, shall be guilty of a separate offen�e 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 i�gnediate 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 AI�ID APPROVID by the City Council of the City of Grapevine, Te.xas on this the 16th day of August, 1983. � APPROVED: 7/Y Mayor ATTEST: ��'�W � Ci y Secretary APPROVED AS TO FORM AND LEGALITY: � �--a•��� �� 'r�l _ , .�`^�_� � City Attorney . EXHIBIT "A" TO . ORDINANCE NO. 83-49 �`'.953 ACPii 1 I�./iC 1 IId Thr, ;?. i'OST�'t SURtTFY, A-518 T�T�RANT C�UIdTY, TEXAS The following described tract or parcel of land situated in the A. roster Survey, A-51g, Tarrant Count,y, Texas and being the same tract as recorded as Third Tract on Page 2k of Volume bi67 in the Tarrant County Deed Records and being more particularly described as follows: HEGII`T1IVG at an ir�n rod in the West line of r,M, xigr.��,ay r�o. 157 and being N 35° 26' 25" E a distance of 1322.7 feet from a concrete manu:nent at the intersection of the T�Jest line of said F.t4. Highway �?o. 157 with the old P:orth ri�h�-of-wa3� line of St,�3te Highway No. 111� and� also being ri 35 26' 25" E a distance of 55•45 feet from the I�ortheast corner of Parcel E, TO'�1NE CEIdTER ADDITIofd, to the Cit;� of Grapevine� Tarrant County� Texas according to plat recorded on Page 02 of Volume 38&-135 in the Tarrant County Deed Records; TNIIdCE N 7�° 49' 39" W a distance of 158q.87 feet to an iron rod a�._;the Southwest corner of said Tr.ird Tract as recorded on Page 2!� of Volume 61b7 in the Tarrant County Deed Records and being in the East line of a tract as recorded on Page 856 of Volume 5586 in the Tarrant County Deed Records and from which a concrete monument in the old Plorth rightr-of-�ray line of said State Highway I�o. 111� bears S 0° 29' 32" 'r1 a distance of 788.98 feet; THEI�iCE �; 0° 29' 32" E, at a distsnce of 63t�.74 feet a concrete monument at the Northeast corner of said tract as recorded on Page 856 of Volume 558b in the Tarrant County Deed Records, a total distance of 663.88 feet to an iron rod in the South line of St�:te Highway P:o. 26 (121); ' TH�JCE N 80° 22' 33" E along the South line of said State Highway rlo. 26 (121) a distance of 867.83 feet to an iron rod at the beginning of a curve to the right having a radius of 2815•33 feet �hose center bears S 9° 37' 27" E a distance of 2g15•33 feet; THIIvCE hortheasterly along said curve and along the South line of said State Highway ?�o. 26 (121) �nd through a centrai:: angle of 11° 00' 00" a distance of 51+0.5 feet to 2n iron rod; THIIvCE S 88° 37' �7" L along the South line of said State High�aay No. 2b (121) a distance of 1�68.01� feet to an iron rod; TH�:CE S 41+° 23' �'�2" E along the South line of said State Highway ;10. 2b (121) a distance of 11�1.12 feet to an old iron rod;and being the intersectior. of the South line of said State Higrtiaay tlo. 2b (121� ��rith the Flest Iine of said F."`. Highw�y P'sa. 157; Tf'II�!CE S 0° Ol+' 25" ?�J alor.g the tJest line of said F."�I. Highway PIo. 157 � distance of 32.62 feet to an iron rod at the beginning of a curve to the right havir.g a radius of 1382.69 feet whvse center bears h 89° 55' 35" �J a distance of 1382.69 feet; TH�3CE Southwesterly along said curve and along the i�lest line of said F.`4. Highway No. 157 and through a ceritral angle of 35° 22` 00" a distance of �53•49 feet to an iron rod; THII�CE S 35° 26' 25" Z� alon� the �dest line of said F.t�. Highway No. 157 a distance of 259•15 feet to place of beginning� containing 40.953 acres of land more or less.