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HomeMy WebLinkAboutORD 1976-006 ORDINANCE NO, 76-06 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BE- ING 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 TRACT, OR PARCEL OF LAND OUT OF THE HEIRS A. FOSTER SURVEY, ABSTRACT NO. 518, AND THE T. EASTER SURVEY ABSTRACT NO. 474 SITUATED IN TARRANT COUNTY, IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE, ORDERING A CHANGE IN THE USE OF SAID PROPERTY TO TRACT I, " I-2" HEAVY INDUSTRIAL USE DISTRICT; TRACT II, "C-2" COMMUNITY BUSINESS; CORRECT- ING THE OFFICIAL 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 � , AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. � � �,� WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning and Zoning Commission 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 pre-requisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all 1ega1 notices, require- � , ments, conditions and pre-requisites having been complied �,;... with; and, WHEREAS, 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 to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately 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 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 immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking � facilities, location of ingress and egress points for parking and off-street loading spaces, and protection � r 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 effect on the over-crowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, 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 following 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 over-crowding of the land, the effect on the concentration on population, the effect on the ,� _� transportation; water, sewerage, schools, parks and other public facilities ; and, �.H� WHEREAS, 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 amend- ment, that the zoning changes 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 C�uncil 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; 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NOW, THEREFORE, �« , �,� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY COUNCIL OF GRAPEVINE, TEXAS; SECTION 1. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the following described property, to-wit: � TRACT 1 ,�...f BEING a tract or parcel of land out of the Heirs A. Foster Survey, Abstract No. 518, and the T. Easter Survey, Abstract No. 474, situated in Tarrant County, Texas, and described by metes and bounds as follows: BEGINNING at an iron pin in the Southwesterly R.O.W. line of State Highway No. 114, said iron pin being in the North line of a certain 1.85 acre tract in said Survey as recorded in Vol. N, Page 563, Deed Records, Tarrant County, Texas, and is 528 varas South and North 89 degrees 40' East, 194.9 feet from the Northwest corner of said Foster Survey; THENCE South 33 degrees 15 ' East along a fence and said Highway R.O.W. 360.5 feet to an iron pin for corner; THENCE South 89 degrees 46' West along a fence 381.8 feet to an iron pin for corner in the common line between said Surveys; THENCE South 00 degrees 11' East along a fence and the common line between said survey, 1732. 5 feet to an iron pin for corner in the Northerly line of the S.L.& S.W. �� �� Railroad R.O.W. ; THENCE South 58 degrees 58' West along a fence and �.� ,.. said Railroad R.W.W. 1343. 3 feet to an iron pin for corner; THENCE North 00 degrees 15' East, along a fence 103. 9 feet to an iron pin; THENCE North 10 degrees 17' East along a fence 63.0 feet to a 26" Elm Tree; THENCE North O1 degrees 44' West along a fence 136.4 feet to an 8" Elm Tree; THENCE North 04 degrees 06' East along a fence 38. 3 feet to an 8" Gum Tree; THENCE North 07 degrees 45' East along a fence 76.5 feet to an iron pin; THENCE North 09 degrees 54' West along a fence 56.4 feet to an iron pin for corner; THENCE South 89 degrees 41' West along a fence 38.3 feet to an iron pin for corner; THENCE North 2 degrees 34 ' West 733.6 feet to an iron pin for corner; THENCE North 89 degrees 30' East along a fence 445.9 feet to an iron pin for carner; THENCE North 00 degrees 12' East along a fence 1515. 3 �` " feet to an iron pin for corner; THENCE North 89 degrees 40' East along a fence 938.9 � feet to the point of beginning and containing 1.97 acres in the Foster Survey and 49.81 acres in the Easter Survey for a total of 51.78 acres of land, which is presently zoned "R-1" Temporary Zoning. TRACT II BEING a tract or parcel of land out of the Heirs A Foster Survey, Abstract No. 518, situated in Tarrant County, Texas, and more particularly a par t, of said Survey as described in Volume N. , Page 563, Deed Records, Tarrant County, Texas, and described by metes and bounds ,�.� as follows : BEGINNING at an iron pin in the Northeasterly R.O.W. �w� line of State Highway No. 114, said iron pin being 528 Varas South, North 89 degrees 40' East, 611.0 feet and South 33 degrees 15 ' East, 1.5 feet from the Northwest corner of said Foster Survey; THENCE South 89 degrees 50 ' East, along a fence 284. 9 feet to an iron pin for corner; THENCE South 00 degrees 04' West along fence 300.4 feet to an iron pin for corner; THENCE North 89 degrees 34' West along a fence 67.6 feet to an iron pin for corner in the Northeasterly line of said Highway; THENCE North 33 degrees 15' West along a fence and the Northeasterly line of said Highway 359.4 feet to the point of beginning and containing 1.23 acres of land, which is presently zoned "R-1" Temporary Zoning. .. .. �y... �..., ��� 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. �,..,u, 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 foreseeable 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 immediate 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 ��� day of . 1976. �,� -�D�_.Z%C-e� MAYOR r�:� ATTEST: CITY SECRE ARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY � � ��,� �:,;a �:�