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Home My WebLink AboutORD 1974-015 ORDINA NCE NO. 74-15 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, A ' ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS; GRANTING A ZONING CHANGE ON A TRACT OF LAND IN THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, IN �� THE CITY OF GRAPEVINE, TEXA S, AND MORE FULLY �� DESCRIBED HEREIN; AND ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM R-1 TO SP, SPECIFIC USE PERMIT I�ISTRICT - NURSING HOME; APPROVING A SITE PLAN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING THAT THE DEZ�ELOPMENT OF SUBJECT TRACT SHALL BE IN CONJUNCTION WITH THE SUBJECT PROPERTY ZONED BY ORDINANCE NO. 73-44 AND THE DEVELOPMENT OF THE TWO TRACTS SHALL NOT BE SEVERABLE; PROVIDING A SEVERABILITY CLAUSE; � DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. �.�, i i , �g�g� applications were made to a.mend the pfficial Zoning Map, City of Grapevine, Texas, by malcing applications for same with the Planning and Zoning Com�mission of the City of Grapevine, Texas, as required by state statutes and the zoning ordinances of the City of Grapevine, Texa.s, and all the legal requirements, conditions and pre-requisites having been camplied w5.th, the case having come be�nre the City Council of the City of Grapevine, 2exas, af�er all legal notices, require- i �m4� . . � ments, conditions and pre-requisites hava.ng been complied � � with; and, . �.,� WfiEREAS� the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider fhe following factors in , making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrains using the facilities ; in the area immediately surrounding the site; safety � from fire hazards ar�d measures for fire control, protection of adjacent property from flood or v�rater da.mages, 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 adeq�uacy 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 determin ed 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 � ,:;� of. public health by surfacing on all parking areas to I control dust, effect on the promotion of health and the � general welfare, effect on light and air, the effect on k 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 ia 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, �, WHEREAS, the City Council further considered a.mong other things the character of the� district and its peculiar suitability for particulaz uses and with the � view to conse=ve the value of buildings, encourage the most appropriate use of land throughout this city; and, , WHEREAS, the City Council of the City of Grapevine, 2exas, does find that there is a public necessity for the zoning change, that the public demands it, that the publi.c interest clearly requires the a►mend- . me�t, that the zoning changes do not unreasonably invade ; the rights of those who bought or improved propetty with ; reference to the classification which existed at the time �� their original investment v�s made; and, ; WHEREAS, the City Council of the City of _ ''"� Grapevine, Texas , d.oes 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 ai.r; prevents the over-crowd�nc� of land; avoids i undue concentration of population; facilitates the � adequate provisions of transportation, water, sewerage, schools, pa.rks and other pnblic requirements; and, wHgREAS, 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 d.etermined 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 i community; . . ; :,_ NOW, THEREFORE, � , ! ' i 1 ,- � �� BE IT O�DAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : SECTION 1 . That the City of Grapevine Ordinance No . 70-� 0, being the Comprehensive Zoning Ordinance o� the City of Grapevine, Texas, same being also known as Title 1 � of the City Code o� Grapevine, Texas, be, and the same is hereby �, amended and changed in that the use of the �ollowing described property , to-wit: Beninning at an iron in the center line of a private road, said iron being 622. 28 feet N. 89 - 36 W. �rom a spike in center line County Road No . 3062o Same point being the Southeast corner o� a Tract o� land deeded to C. Cox by Jack Cain as described in Vol. 4144, Page 15�, DRTCT: THENCE S. 08 W. - 350. 0 feet to an iron for corner; THENCE S. 89 - 36 E. 124 f eet to an iron for corner ; THENCE N. 07 - 59 E. 350. 0 f eet to an iron for corner; THENCE N. 89 - 36 ��. 124.5 �eet to Point of Beginning and containing one acre, more or less. SECTION 1-A. The Site Plan that is attached hereto is hereby approved and incorporeted herein. Development o� subject property shall be in accordance with said site plan. �:;� ��, SECTION 2. The City Manager is hereby directed to correct the official zoning map of the .City of Grapevine, Texas, � to reflect the herein cha.nge in zoning. � SECTION 3. That in all other respects the use of the tract I or t=acts of land herein above described shall be subject � to all the applicable regulations contained in said City of Grapevine zonin g ozdinance and all other applicable and pertinent ordinances of the City of Grapevi.ne, Texas. I SECTION 4. That the zoning_ zegulations 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 rerzsonably 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- portati:on, water, sewerage, drainage and surface water, parks and other public requirements, and to malce adequate provisions for the normal business, commercial needs and development of the community. They have been made with reasonable consideration, among other thi.ngs of the character of the district, and its peculiar suitability for the particular uses and witb a view of conserving . the value of buildings and encouraging the most appropriate use of land throughvn��t 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 instanoes 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. ' SECTZON 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 zonin g 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 � fo= the immediate preservation of the public business, property, health, safety ar►d general w�lfare of the public which requires that this ordinance shall become � effective from and after the da►te of its fi.nal passage, as provided by the Chazter of the City of Grapevine, Texas, and it accordingly so ordained. PASSED ANO APPROVED BY THE CITY COUNCIL OF THE CITY OF G�APEVINE, TEXAS , this the ��.sr day of � , 1974. � MAYOR ATTEST: ' �-sv�-w,. ��, - C Y SECRETARY APPROVED AS TO FORM AND LEGALITY : ��----- �- C ITY ATTORNEY � Wrr