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HomeMy WebLinkAboutORD 1982-011 ORDINANCE NO. 82-11 AN ORDIN�NCE A1�IENDING ORDINANCE NO. 70-10, THE COMPREEI.II�ISIVE ZONING ORDIN�NCE OF TI� CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEX�S, GR�]TING A ZONING C�i1�I�TGE ON A TRACT OF I,AND DESCRIBID AS BEING A I,OT, TRACT, OR PARCEL OF I,AND LYING AND BEING SITCTATED IN TARRAN'I' COUN'I'Y, TFXAS, BEING A PART OF THE P. R. SPLAPdE SURVEY, ABSTRACT N0. 1453, ALEX THOMPSON SURVEY, ABSTRACT N0. 1532, & THE THOMAS EASTER SURVEY, ABSTRACT NO. 474, IN � CITY OF GRAPEVIlVE, TEXAS, MORE FULLY AI�ID CONIPI.,ETELY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A C�i�NGE IN THE USE OF SAID PROPER'I'Y FROM "C-2" COrM4UNITY BUSINESS DISTRICT ZONING CATEGORY TO "SP" SPECIFIC USE PERI�IIT DISTRICT FOR Tf� CONSTRUCTION AND OPERATION OF A ROLLER SKATING AFtEI� AND RELI�TID ACTIVITIES, INCLUDING A MAXIM[TM OF 20 COIN-0PERATE� GAME MACHINES, PROVIDING Z�iAT THE PARKING AREP, BE CONCRETE, ASPHALT, OR AN EQUIVALII�.P, AND F[JRTf-iER PROVIDING FOR A SCF2EIIVING FE[�10E, AT,I, IN ACCORDANCE WITH A SITE PLAN; CORRE�I'ING Tf-� OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A CLAUSE REL,ATING 'Ib SEVERABILITY; DE�'ERMINING TF-�AT THE PUBLIC INTERESTS, MORALS AND GENERAL� WELFARE DF�N1ArID A ZONING CHANGE AND AI�1DN�r Tf�tEIN N�DE; PROVIDING A PE[VALTY; AND DECLARING AN E�RGENCY Wf-IEREAS, applications were made to amend the Official Zoning r9ap, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Coiranission 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 requirem�nts, 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, conditions and prerequisites having been complied with; and, Wf-IEREAS, 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 mptoring public and the pedestrians using the facilities in the area i�nediately surrounding the site; safety from fire hazards and measures for fire control, prptection of adjacent property from flood or water damages, noise producing elements and glare of the vehicular and stationary 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 expected to be generated by the proposed use around the site and in the inunediate neighborhood, adequacy of parking as deterniined by requirements of this ordi.nance 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 effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, 4��, 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 from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Wf�E2E',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 buildings, encourage the most 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 amenc�rent, that the zoning changes do not unreasonably invade the rights of those who bought or i�roved property with reference to the classification which existed at the ti.m� their original investment was made; and, h�, 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 frcgn fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Inif�REAS, 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 detennined that there has been a change in the conditions of the property surrounding and in close proxiunity 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 prop�rty 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 co�nunity. NOW, 'I'HEREF'ORE, BE IT ORDAINID BY Tf� CITY COUI�ICIL OF Tf-� CITY OF GRAPEVINE, Z�S: Section l. That the City of Grapevine Ordinance No. 70-10, being the C�nprehensive Zoni.ng Ordinance of the City of Grapevine, Texas, same being also knawn as Appendix "A" of the City Code of Grapevine, Texas, be, and the sarr�e is here by amended and changed in that the use of the following descri.bed property, to-wit: The follaaing described tract or parcel of land situated in the P. R. Splane Survey, A-1453, the Alex Tho�son Survey, A-1532, and in the Thomas Easter Survey, A-474, Tarrant County, Texas and being a portion of Lot 2, F7. R. Lawler Addition No. 1, to the City of Grapevine, Tarrant County, Texas according to plat recorded on Page 43 of Volimle 388-92. in the Tarrant County Deed Records and also being a portion of a tract of land as recorded on Page 263 of Volume 6382 in the Tarrant County Deed Records and being more particularly described as follows: B�GINNING at an iron rod at the Northeast corner of said Lot 2, said W. R. Lawler Addition No. 1 and being the Northwest corner of Lot l, said W. R. Lawler Addition No. 1 and being S 59° 23' 10" W a distance of 251.5 feet from Monument 50 Dallas/Fort Worth Regional Airport; and also being in the South line of State Highway No. 26 (121) ; Tf�TCE S 30° 18' 05" E along the East line of said Ipt 2 a distance of 413.2 feet to an iron rod at the Southeast corner of said Iat 2, said v�. R. Lawler Addition No. 1; 'I�IIIVCE S 59° 42' W along the South line of said Ipt 2, said W. R. Lawler Addition No. 1 a distance of 300.3 feet to the East line of said tract as recorded on Page 263 of Vol� 6382 in the Tarrant County Deed Records and being in the West line of an 84.3509-acre tract as recorded on Page 791 of Voltutie 4699 in the Tarrant County Deed Records; 'I��10E S 0° 18' 26" E along the West line of said 84.3509-acre tract a distance of 136.44 feet; Tf�TC,E S 89° 42' W a distance of 30.0 feet; Z�tC� N 26° 04' W a distance of 514.07 feet to the South line of said State Highway No. 26 (121) and being on a curve having a radius of 5319.8 feet whose center bears S 41° O1' 11" E a distance of 5319.8 feet; Tf��10E Northeasterly along said cuzve and along the South line of said State Highway No. 26 (121) a distance of 120.48 feet; Tf�NCE S 33° 21' 18" E a distan�e of 206.18 feet; Tf-IENCE N 51° 38' 42" E a distance of 145.0 feet; Z�TCE N 33° 21' 18" W a distance of 186.67 feet to the South line of said State Highway No. 26 (121) ; Tf-�CE N 59° 23' 40" E along the South line of said State Highway No. 26 (121) a distance of 91.48 feet to place of Beginning, containing 2.987 acres or 130,111 square feet of land mpre or less; which, in accordance with Comprehensive Zoning Ordinance 70-10, was previously zoned "C-2" Co�am�nity Business District Zoning Category is hereby changed to "SP" Specific Use Permit District for the construction and operation of a roller skating arena and related activities, including a maxinnun of twenty (20) coinroperated game machines, providing that the parking area be concrete, asphalt, or an equivalent, and further providi.ng for a screening fence, all in accordance with a site plan, attached hereto and made a part hereof as Exhibit "A". 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 of promoting health, safety, morals and the general welfare of the comrn�nity. 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 surf�ce water, parks and other public requirements, and to make adequate provisions for the normal business, co�nercial needs and development of the co�m�nity. They have been made with reasonable consideration, among other things, of the char�c.ter of the district, and its peculiar suitability for the particular uses and with a view of conserving the value of buildings and encouraging the m�st appropriate use of land throughout the conurnznity. Section 5. This ordinance shall be cturnzlative 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 deerr�ed 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, finn 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 if Grapevine, Texas. 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, morals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i.nmlediate 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 APPROVED by the City Council of the City of Grapevine, Texas on this the 16th day of March, 1982. APPROVID: A4ayor ATI`EST: � City Se retazy APPROVED AS TO FORM AND LEGALITY: City Attorney _ ` _ .', , _;`;tt��". ,_.:i; �r't =..r,�`__��';; �•-�:.'•; a� q�' 4 �� . � (GP�� . .2�' .<'�w^ fr.�i � �q jP✓'rr�O��J'. � . a ,� ��/ . , e1� �o+� , ay:, � w.r2. �vw�EQ ADO1T 1 pN No.� � . . / '(� .2ec. 1.. 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