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Home My WebLink AboutORD 1983-060 ��RD�J�1I�?CE NO. 83-60 AN ORDII�dANC� E�NIE[VDING ORDINANCE NO. 70-10, 'I'�IE CO�IPIZ�3II�ISIVE ZONING ORDINI�JC� OF � CIlY OF GRAPEVINE, TE�S, SAP� BEING r'�LSO I�i?C4VN AS APP��IX "A" OF TfiE CITY CODE OF GRAPEVINE, TL-'X��.S, GRAN�ING A ZONII�IG C.'�iANGE ON A TRAC,'T OF ZAND DESCRIBID AS BEING A LCfI', TRACT, OR PARCI� OF I�1ND LYII�TG AND BEING SiT[JATID IN `l"F�r COUN`I'Y, 'I�X�S, BEIT;G A PAt�I' OF 'rf� llOVE CREEK SUBDNISIGl`i, PHA.SE II, IN Z'FIE CITY OF GRAPEVINE, TEXAS, NIOt�E FULLY AI�ID COMPI�,TELY DESCRIBID IN Tf-� BODY OF 'I'I-?IS ORD�C'1-�NCE; ORD�TG A Q3ANGE �I "1'f� USE OF' SF�ID PROPERTY FROM "R-1" SINGLE—FAbLILY DWEL�LIi�1G DISTRIC.T UNDER ORDINZ�1� NO. 70-10 TO "S—P" SITE PLAN ZOIJING DISTRICT UNDER ORDINANCE NO. 82-73 FOR Tf� CONSTRUCI'IQN CF A SV��IING POOL FACILITY TO BE UTILIZLD BY A SINGLE—FAMILY � HOMEC��INERS ASSOCIATION, IN ACCOF,DANCE WITH A SITE PL�AN, AND PROVIDING STIPULATIONS; CORRECTING Tf� OFFICIAL ZONING MAP; PRE- _ SERVING ALL 0'I'f�R PORTIONS OF Tf-� ZONIl�IG ORDINANCE; PROVIDING A CLAUSE REI�ITING TO SEVERABILITY; DEI'ERP�LIl�tING THAT 'I�-� PUBLIC 11��TI2ESTS, b10RALS AND G�]�-ZAL WELFARE DII`�I�TD A ZONIIvG �1GE AND AMII�1Di�7ETlT Tf�RE]N N1ADE; PROVIDING A PII�IALTY NO�I' TO . EXCEID THE SUM OF 'IWO HUNDRID DOLLARS ($200.00) AND A 5EPARATE OFFIIVSE SHAIS, BE DEQy�D COrM4IITTID UPON EACH DAY DURING OR ON 49HIGH A VIOLATIGN OCCURS; APdD DECLARING AN ��RGII�dC.'Y �nIf�REr�S, applications were made to amend the Official Zor�ing 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 zcning ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been complied with, the case having co� before the City Council of the City of Grapevine, Texas, after all legal notices requir�nts, conditians and prerequisites having been co�lied with; arid, t�IEP�AS, 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 io whether these requested changed should be granted or denied; safety of the m�toring public and the pedestrians using the facilities in the area i�rsnediately surrounding the site; safety frcm fire hazards and measures for fire control, protection of adjacent property from flood or water d�mages, noise producing elements and glare of the vehicular and st�tionary lights and effect of such lights on established character of the neighborhocd, 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 eYpected to be ger.erated by the proposed use around the site and in the inur,ediate neighborhood, adequacy of parking as determined by recruirements of this ordir.ance for off-street parking facilities, location of ingress and egress poir�ts for parking and off-street lecating spaces, and protection of public health by su-rfacing on all parking areas to control dust, effect on the pror,►�ticn 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, ��, tl:e City Cc�urcil 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 dete�ulatian 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 from same, the effect on the promotion of health and the general :�:�elfare, effect on adecx�zate light and air, the effect on tt,le overcrowding of the lancl, tl:e effect on the concertration of population, the t,�-fect cn the transportation; �aater; sewerage, schools, parks and other public :`�cilities; and, �,��El�S, �he City Cauncil iurther considered among other things the character of the district and its peculiar suitability for pa�y-ticular uses and with the view to consen;e the value of buildinas, encourage the m�st appropriate use of land throughout this city; and, � ��R�.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 interest clearly requires the amena'ment, that the zoning changes do not unr�asonably invade the rights of those who baught or improved property with reference to the classification which �isted at the time their original invest�nt was i�de; and, 6^7F3EEREAS, the City Council of the City of Grapevine, Teras, does find that �he change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; prcmotes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids unclue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, _ W�, the City Council of the City of Grapevine, Texas, has determi�led 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 corrmlunity. NOW, THEREF'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GR�EVINE� TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of th2 City of Grapevi.ne, Texas, same being also knc�wn as Appendix "A" of tY:e City Code of Grapevine, Texas, be, and the sarre is hereby amended and changed in that the use of the following described property, to-wit: , Peing a tract of land in the City of Grapevine, Tarrant County, Texas, � m�re fully and cor�letely described as Ir�t l, Block 3, of the Dove Creek , Subdivision, Phase II, which, in accordance with Co�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-1" Single-Family Dwelling District is her�by changed to "S-P" Site Plan Zoning District, in accordance with Con�rehensive Zoning Ordinance No. 82-73, for the construction of a ' swin�ning pool facility to be utilized by a single-family hom�owners' : association, in accordance with a site plan, attached hereto and made a part � hereof as F�hibit "A", providing that the wrought iron fence to be erected ' around the facility shall have iron bars placed not rnore than four inches (4") apart, ar:d further providing that t-�aenty percent (20%) of the total land area shall be landscapecl. . Section 2. The City Manager is hereby directed to correct the official , zoning map of the City of Grapevine, T�as, 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 �f the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the co�rehensive plan for the puzpose of promoting health, safety, m�rals and the general welfare cf the c�nity. They have been designed with respect to both present conditions and the conditions reasonably anticipated to �ist in the foreseeable future, to lessen congestion in the streets; to secure safety frcgn fire, panic, flood 1 � � �::_d other dangers; orovide adea,uate light and air; to prevent overcrawding of l�-u�d, to avo�d undue concentratien of population; facilitate the adequate provisions of transportation, caater, sewerage, drainage and surface water, �arks and other public req_uirements, and to make adequate provisions for the norn�al business, cor.a�tercial needs and development of t-he conm�.inity. They have been made with reasonable consideration, �ng otYier things, of the character o� �..he clistrict, and its peculiar suitability for tY��e �articular uses and with a view of canservina the value of buildings and encouraging the most appropriate use of land throughout ttie con�ninit�. Section 5. This ordinance shall be c,tiunulative of all other ordinances of the City of Grapevine, Texas, affecting zoning and shall not repeal any of the provisions of said ordinances e�cept 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 dee�ned to be severable and that if the validity of the zoning affecting ar.y portion of the tract er tracts of lar:d 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 co�ly therewith, or with any of t.he requirements 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 misdemeanor 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 owner or owners of any building or premises, or part thereof, where anyl-�hing in violation of ; this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed 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 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, m�rals, peace, and general weltare of the inhabitants of the City of Gra�vine, Texas, creates an emergency for the im:�diate 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 APPROVEU by the City Council of the City of Grapevine, Texas on this tfie ?.Oth day of September, 1983. APPROVED: � �`} ��-. �•G�� P•layor Pro Tem ATI'EST: � , �'��-'�v �-�Z-l� City Secretazy APPFtOVED �.S TO FORM AND I�GI�LITY: City Attorney EXHIBIT "A" TO a � ORDINANCE NO. 83-60 � �� ` �Y ND� °3�'w �8i, 4.0' z�, . � ��G�E ^� �00�.53 ' . �p � � _ • Z�,zo' h 4� (1 J,------ ;y ---- - — '�5 ?1�� ` a � ZS� Z5, 1.5.o• !i O' Sv 70.0' �/. ��y 2•"X�" - - ---i- ' , r- - - ------ - - �S,�QCA� L/NE -�------- -------- - -------- - - - �So /� 0 I a . � ►i�� ''e' �� g . ,�, ,,�. iv� Q, � �h 74- � � 23 : � Z'Z -q $ �I - --;- ,: �- - - c� o u� � � � � � ` � /��,, ( � r't� � V � .Q L ,�� ._Jt�� , .. _ __ D(r� � `v. _�'d' � �t � �.. 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