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Home My WebLink AboutORD 1978-035 ORDINANCE NO. 78-35 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OP' GRr1PEVINE, TEXAS, SAME BEING � ALSO KNOWN AS TITLE 10 OF' THE CITY CODE OF GRAPEVINE, TEXAS, � GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT OR PARCEL OR LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING 2RACT SIX OUT OF THE DOOLEY SURVEY IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING R CHANGE IN THE USE OE' SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "R-3" MLJL�I-FAMILY DWELLING DISTRICT; CORRECTING THE OFF'ICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND �� A ZONING CHANGE AND A,�gEI�TDMENT THEREIN MADE; PROVIDING R � PENALTY; AND DECLARING AN EMERGENCY. „--v �-w WI3EREAS, applications were made to amend the �_�( : � cial Zoning Map, City of Grapevine, Texas, by making ,� :Iications for same with the Planning and Zoning +r,ission of the City of Grapevine, Texas, as required , •tate statutes and the zoning ordinances of the City 'rapevine, Texas, and all the legal requirements, �.�itions and pre-requisites having been complied with, �� case having come before the City Council of the Ci�y >t Gr�pevine, Texas, after all legal notices, require- "� ��,,nts, conditions and pre-requisites having been complied T>>i.t:h; and, � WHEREAS, the City Council of the City of .`�TLapevine, Texas, at a public hearing called by the �`i_ty Council did consider the follawing factors in =��,�king a determination as to whether these requested :;;.anges should be granted or denied; safety of the r�otoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection ��f adjacent property from flood or water damages, noise L�roducing elements and glare of the vehicular and �,� ationary lights and effect of such lights on established '�aracter of the neighborhood, location, lighting and ,rpes of signs and relation of signs to traffic control ::��i adjacent prop�rty, street size and adequacy of width ��r traffic reasonably expected to be generated by the ;�zoposed use around the site and in the immediate ighborhood, adequacy of parking as determined by �quirements of this ordinance for off-street parking �.,, ucilities, location of ingress and egress points �ar ;��rking and off-street loading spaces, and protection � f public health by surfacing on all parking areas to +;trol dust, effect on the promotion of health and the �ral welfare, effect on light and air, the effect on :� over-crowding of the land, the effect on the concen- ��ation of population, the effect on the transportation, ater, sewerage, schools, parks and other public facilities; :r1d, WHEREAS, the City Council of the City of :`rapevine, Texas, at a public hearing called by th� ity Council of the City of Grapevine, Texas, did consider � ��e following factors in making a determination as to ;��ther this requested change should be granted or denied; , fect on the congestion of the streets, the fire hazards, . . .;ics and other dangers possibly present in the s�curing �}s' safety from same, the effect on the promotion oi health . ;�:�� the general welfare, effect on adequate light and air, ?�: effect on the over-crowding of the land, the effect � the concentration on population, the effect on the �,.a, -�sportation; water, sewerage, schools, parks and other lic facilities; and, �.� WHEREAS, the City Council further considered ��:�ng other things the character of the district and its �.uliar suitability for particular uses and with the �ew to conserve the value of buildings, encourage the �5t 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 amend- ment, that the zoning changeG 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 investment was made; and, WHEREAS, 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 over-crowding 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 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; �"' NOW, THEREFORE, �;.,�, �,� ;�E 1'I' l�F1JAINED BY 7'HF CI7'Y COUNCIL OF THE CI7'Y • OF vRT;Pr;V INE, '1'E>;]�S : SECTION 1 _ That t}�e City of Grap�vine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the . City of Grapevine, Texas , same being also known as Title 10 of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the ; �-. following describ�d property, to-wit: �'"` FIRST TRACT: Being out of and a part of the Wm. Dooley Survey, in Tarrant County, Texas, and described as follows : Beginning 89 1�2 feet west of the N.W. corner of a lot conveyed to A.S. � Hodges by deed dated Reb. 21, 1910, and recorded in Vol. 358, page 157, Deed Records of Tarrant County,Texas; Thence west , 89 feet to a walnut stake , the most westerly N.E. corner of a � 30 acre tract conveyed to Y.L. Averett and S.E. Petway on ' October 31, 1908; Thence South 210 feet, a stake, the inside or ell corner of said Averett and Petway tract; Thence east with north line of said 30 acre tract 89 feet to a stake in •- said north line; Thence north 210 feet to the place of beginn- ing and containing 43�100 acres of land, more or less . � SECOND TRACT: Being out of and a part of the Wm. Dooley Suvey in Tarrant County, Texas , and described as follows: Beginning at the northeast corner of the above described tract; Thence east 15 yards to a stake, the northwest corner of a lot con- veyed to Fannie B. McAlister on January 17, 1911, by A. V. Mabry; Thence South �C7 yards to a stake, the S.E. corner of said lot; Thence. North 70 yards to the place of beginning and containing 1�5 of an acre, more or less. Grantees herein agree to assume the payment of all taxes for 1968 and subsequent yea.rs . This coriveyance is given and accepted subject to any and all restrictions and/or easements � Which may be of record in the office of the County Clerk, ' Tarrant County, Texas , affecting the subject property; � ) �"". which was previously zoned "R-1" Single Family Dwelling District i and is hereby changed to "R-3" Multi-family Dwelling District. c � r ' �� 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 plant for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the fareseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; facilitate the adequate provisions of trans- portation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development 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 conserving the value of buildings and encouraging the most appropriate use of land throughout the community. � SECTION 5. This ordinance shall be cumulative 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 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 7. That any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine, Texas. � 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.mmediate 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 accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 20th day of June , 1978. _ —� �� MAYOR ATTEST: �� CITY SECRET Y � APPROVED AS TO FORM AND LEGALITY: � . _ CITY ATTORNEY �� ,r,,.� ��