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HomeMy WebLinkAboutORD 1983-066 ! c�i'�JliIf�I1CL i�0. 83-6b' ��v o����� ���z�vTc o��rrc� r1o. �o-lo, Ti� i:0i�'�'�IIIISIVE ZOTIII�TG ORDINANCE OF it�E rTTY G�' Gi',APFUINE, `�'I�{AS, SA[� BEING ALSO F:�V�C1f�;N A.S 1�PPF' In "A" OF THE CITY CODE OF GRI3PEVINE, TEXA.S, GI�N'I'ING A 7CT3IIQG (.'HANGE ON ?� TIZP,CT OF I.1��TD DESCRIBID 1�S BEING A I�'I', 'I'RACT, CR PARC� OF I,�ND LYING AND EEiI�G SIIUATEQ IN TARF�]T CCUT3TY, TEX�S, FEIivG A PI�' OF THE V�JILLIAM DOOLEY SURVEY, �s�cr rro. 42?, n�r � czz� oF c�Ev�, �i�kr'�S, P�?2E F'CII�,Y AI�ID COi'iPL�'I�'LY DESCP�ID I�t TH� BODY OF THIS ORDINANCE; OtZDE.RING A Q�IVGE Ird T:� USE OF SAID PROPER'PY FRGM "R-1" SINGLE-FAi✓1ILY Dti�LING DISTRICT UNDER ORDINANCE N0. 70-10 TO "R-3.5" `I'�i�IO-FAi�IILY D��7ELI�ING DISTRICT UNDER ORDINANCE NO. 82-73 AND PROVIDING SCRi�dIiVG RE�,?UIREMQ�ITS; CORRI',CI'ING THE OFFICIAL ZONING NIAP; PRE- SERVING AIaL OTHEl2 PORTIONS OF Tf-� ZONING ORDIIv�ICE; PROVIDII�?G A CLAUSE RF,.LATING TO SEVEI�IBILITY; DE'I'ERP°1.I1`dING Z�3AT TI� PUBLIC IT�2ESTS, MORALS AND GENERAL ��FARE Dr'�11�TD A ZONING CIIANGE AND At`fIQVDMQ�T Tf-�REIrd N1ADE; PROVIDIItiTG A PII�tALTY NOT TO �CEID THE SUM OF T4�� IiIJNDRID DOT,T,ARS ($200.00) AND A SEPARATE OFFENSE SHALL BE DEII`�D COP��IITI'ID UPON EACfi DAY DURING OR ON • WHICH A VIOLATION OCCURS; AND DECI�ARING AN F1�1II2GEDICI' L�4�REAS, applications were made to amend the Official Zoning Ma.p, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Co�nission of the City of Grapevine, Texas, 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 cor�� before the City Council of the City of Grapevir�e, Texas, after all legal notices requirements, conditions and prerequisites having been complied with; and, 6�7�IERE',I�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 � ma�Cirg a determination as to whether these requested changed should be granted or denied; safety of the motoring public and the pedestrians using the facil- ities in the area inu��diately surrounding the site; safety from fire hazards and �asures for fire control, protection of adjacent property fram flood or water damages, noise producing el�ts 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 preperty, street size and adequacy of width for traffic reasonably e�ected to be generated by the proposed use around the site and in the inanediate neighborhood, adec�zacy oi parking as determined 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 ertect on the overcrowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schaols, parks and other �acilities; and, 6�REAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the �ity Council of the City of Grapevine, Texas, did consider the following factors in making a determination as to whether this rec�:ested 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 safet�� fram same, the effect on the promoticn of health and the general welfare, effect on adequate light and air, the effect on the over- crcc�ding of the land, the effect on the concentration of population, the I �i.iC?Ct Ori ulZ tYd11S1.'�OL`�dt?011� water, �ewerage, SC�'lOOlS� �?r'}CS and O�'l�?" T�LtbI1C L�iClllt.lCS; �11C',t� 4v'��REAS, the City Council �urther considered arnong other things the cnaracter of the district and its �culiar suitability for particular uses and with the view to conserve fihe value or buildings, encourage the r.�st appro- priate u�e oi land throughout this city; and, 6•�1EAS, the City Council of the City.of Grapevine, Texas, does fir.d that there is a public r.ecessity ior the zoning change, that the public demands it, that the oublic interest clearly requires t'�e air�nc�nent, that the zoning changes do not unreasonak�ly invade the rights o� those who bought or improved property ��ith reterence to the classificatiar. which e�isted at the time their original invest�ent �aas mad2; and, ZJI�P.EAS, the City Council of the City of Grapevine, Texas, does find that the change i.n zoning lessens the congestien 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 overcravdinq of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schcols, parks and other public require- ments; and, WfIERr^�.5, 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 tYiat there has been a change in '-�he 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 connnunity. Iv'OW, Tf�ORE, BE IT ORDAINED BY Tf� CITY COUNCIL OF THE CITY OF G�Ph,VI2�TE� TEXA.S: Section l. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grat.�evine, Texas, same being also knawn as Appendix "A" of the City Code of Grapevine, Texas, 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 William Dooley Survey, Abstract Iv'o. 422 in the City of Grapevine, Tarrant County, Texas, more fully and co�letely described in ��ibit "A", attached hereto and made a part hereof, which, in � accordance ��ith Ccmprehensive Zoning Ordinance No. 70-10, was previously zoned "R-1" Single-Family L�aelling District is hereby changed to "R-3.5" Ztao-Family Dwelling District in accordance with Comprehensive Zoning Ordinance No. 82-73, and further providing that a screening fence be erected on the west property line of said tract. 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 cortained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City or Grapevine, Texas. Section 4. ^lhat the zoning regulations and districts as herein estab- __ lished have been made in accordance with the cc�-riprehensive plan for the purpose of prom�ting health, safety, m�rals and the general welfare of the co�anunity. They have been designed with respect to both present conditions and the conditions reaso:�ably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety fram 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 thA norn�al business, comr,iercial needs and development of the coirQnunity. They have been made caith reasonable consideration, among other things, of the character ! c� the clistrict, �nd its peculiar suit�ility for the oarticuiar uses and with a vi�a of conservinq th� valu2 cf buildings and encouraging the rr�st ap�ro- priate use of land throughout the conarnznity. Section 5. This orclinance �hall b2 cvmulative of all other ordinances of the City ot Grapevine, Texas, atfecting zoning and shall not repeal any of the provisions of said ordinances except in those instances where provisions c�` those crdinances which are in direct conflict with the provisions of this ordinance. � �� Section 6. That the -cerms and provisions of this ordinance shall be � deF�lcd to be severable and tYiat 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 cr tracts of land described herein. Section 7. That any person or corporation who shall violate a�y 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 submi.tted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not m�re than two hundred dollars i$200.00) , and each day such violation shall be perrnitted to exist shall constitute a separate offense. The cx�rner 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, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the cormtission of any such violation, shall be guilty of a separate o�fense and upon conviction shall be fined as herein provided. The City of Grapevir.e, likewise, sha.11 have the pawer 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, Te�as are inadequate to properly safeguard the health, safety, m�rals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the inmlediate 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 APPROVr,D by the City Council of the City of Grapevine, Texas on this the 18th day of October, 1983. � APPROVED: � Nlayor A'ITE.ST: l , ' ' � i T, �� ���� �,:��`�- �__i;i�_t�%-1� ;�� City Secretazy ! _ APPP�VED AS TO FCPr1 AND LEGALITY: � �� � �_ /�.`:�^ _ City Attorney EXHIBIT "A" TO ORDINANCE NO. 83-6E 1 LEGAL DESCRIPTION CITY OF GRAPEVINE - ZONING APPLICATION Z83-42 The following described tract or parcel of land being situated in the William Dooley Survey, A-422 , Tarrant County, Texas and being a portion of a 1 . 0 acre tract as conveyed to T. L. Tatum, et ux Leona Tatum by deed recorded on Page 489 of Volume 1797 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING at the intersection of the West line of Church Street with the North line of Nash Street and being at the Southeast corner of said 1 . 0 acre tract and being by deed North a distance of 25. 0 feet from the Southeast corner of a 6 acre tract as conveyed to R. L. Dean on the 20th day of September, 1888; THENCE N 88 ° 00 ' W along the North line of said Nash Street a distance of 105. 06 feet; THENCE North a distance of 206 . 33 feet; THENCE East a distance of 105. 0 feet to the West line of said Church Street; THENCE South along the West line of said Church Street a distance of 210 . 0 feet to place of beginning, containing �- 0 . 5 acre of land more or less .