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HomeMy WebLinkAboutORD 1983-025 ORDINANCE NO. 83-25 AN ORDINANCE AN�IDING ORDINANCE NO. 70-10, THE COMPREEIII�ISIVE ZONING ORD�IANCE OF � CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO KP1Cx�vN AS APPECIDIX "A" OF THE CITY CODE OF GRAPEVINE, TEX11S, GRP.NrI'ING A ZONING QiANGE ON A TRACT OF LAND DESCRIBID AS BEING A - L�()T, TRACT, OR PARCEL OF I�ND LYING AND BEING SITUATID IN TARR�NT COUNTY, TF�S, BEING A PART OF Tf� WILLIAM DRISKTT,T, SURVEY, ABSTRACT N0. 405, IN Tf-iE CITY OF GRAPEVINE, TF;XAS, MORE FULLY AND COi�I�'I`ELY DESCRIBID IN THE BODY OF THIS ORDTNANCE; ORDERING A CHANGE IN Tf� USE OF SAID PROPEl�' FROM "PD" PLANNID DE�IEIAPMENT ZONING DISTRICT UNDII2 ORDINANCE NO. 70-10 TO "C-C" COMMtJNITY COMMERCIAL ZONING DISTRICI' UNDER ORDINANCE NO. 82-73; COR- REX.'TING THE OFFICIAL ZONING MAP; PRESERVING �T,T, 0`I'HII2 PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RII.�ATING TO SEVER- ABILITY; DEI'ERM.TNING THAT THE PUBLIC IN`I�RESTS, MORALS AND GENERAL WEL�'ARE DEMAND A ZONING CHANGE AND AMII�IDMEN'I' 'j�RFIN MADE; PROVIDING A PII�IALTY; AND DECL�tING AN II�IERGEL�CY WF�RF�.S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Conmission 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 complied with, the case having come before the City Council of ,the City of Grapevine, Texas, after all legal notices requirements, conditior�'s and prerequisites having been complied with; and, h�, the City Council of the City of Grapevine, Texas, at a public hearir.g called by the City Council did consider the following 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 facil- ities in the area i.nnrediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements 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 property, street size and adequacy of width for traffic reasonably exp�cted to be generated by the proposed use around the site and in the i.�nediate neighborhood, adequacy of parking as determined by requirernents 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 prom�tion of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the ef�ect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, [nIHERE,AS, 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 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 promotion of health and the general welfare, effect on adequate light and air, the effect on the over- crowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, WI�RE';AS, 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 builciings, encourage the most appro- priate use of land throughout this city; and, L�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 demarids it, that the public interest clearly requires the amendment, that the zoning changes do not unreasonably invade the rights of those who bought or i.mproved prc�perty with reference to the classification which existed at the time their original investment was made; and, ti�RF1�S, 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 overcravding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public require- ments; and, WI�FtEAS, 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 tA 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 comm�anity. N06d, THEREF'ORE, BE IT ORDAINID BY 'I� CITY COUNCIL OF Tf-� CITY OF GRAPEVINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 70-10, being the Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also ]mawn as Append� "A" of the City Code of Grapevine, Texas, be, and the same is hereby am�_nded and changed in that the use of the follawing descr�bed property, to-wit: - All that certain tract or parcel of land situated in Tarrant County, Texas, part of the William Driskill Survey, Abstract No. 405, and being the remainder of a 25.166 acre tract, and a 5.00 acre tract once in the name of Clayton S. Kramer less a 5.668 acre tract taken by condemnation by the Texas Departrr�ent of Highways & Public Transportation. Beginning at the intersection of the south boundazy line of the C. S. Kramer original 25.166 acre tract, conveyed to C. S. Kramer by M. C. Black et al, described in Volume 5009, Page 987 of the Deed Records of Tarrant County, Texas, and the sam� as the Boundary Agreement fence line between William Ke� et al, and Clyde Warren et al, dated February 13, 1953 and of Record, Vol� 2530, Page 55, Deed Records of Tarrant County, Texas with the east margin of the proposed right-of-i,aay of State Highway No. 121, said point being a 1/2 inch iron pin for corner; Tf�10E, North 00° O1' 48" East with the proposed east margin of the right-of�aay of State Highway No. 121, 8.39 feet to a 1/2 inch iron pipe set for corner at the P. C. of a curve to the left; Tf-III�ICE, with a curve to the left having a central angle of 02° 03' 06", a radius of 2,894.79 feet, and an arc length of 103.66 feet to a 1/2 inch iron pipe set for the P. T. of said curve; TF�ICE, North 02° O1' 18" West with the proposed east right-of�aay of State Highway No. 121, 549.96 feet to a 1/2 inch iron pin for corner; Tf�10E, North 88° 04' 07" East with an old fence at 447.62 feet to a point for corner; THECICE, South 02° O1' 18" West, 675.42 feet to a point for corner on the said Boundary Agr�nt fence line; Tf�10E, South 89° 46' 53" West with said Boundary Agreement fence line, 450.00 feet to the Place of Beginning and containing 6.874 acres (299,418 square feet) of land, more or less, which, in accordance with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "PD" Planned Development Zoning District is hereby changed to "C-C" C�nity C�rcial Zoning Dis- trict in accordance with Comprehensive 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 estab- lished have been made in accordance with the co�rehensive plan for the purpose of promoting health, safety, morals and the general welfare of the c�ity. 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 overcrawding 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 nornial business, com�rcial needs and development of the co�nunity. They have been made with reasonable consideration, ampng 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 appro- priate use of land throuqhout the co�nunity. Section 5. This ordinance shall be ctm�nzlative 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 sair�e shall not affect the validity of the zoni.ng of the balance of the tract or tracts of land descri.bed herein. Section 7. That any person, firrt or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties as 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, Te,xas 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 in¢nediate 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. PASSFID AND APPROVID by the City Council of the City of Grapevine, Texas on this the 17th day of May, 1983. APPROVID: r Mayor AZ'I'EST: G .l ! 1 � City ecretazy APPROVID AS TO FORNI AND I,EGALITY: City Attorney 3