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HomeMy WebLinkAboutORD 1982-058 ORDINANCE NO. 82-58 AN ORDINANCE AI�TENDING ORDINANCE NO. 70-10, � COMPE2EHIIVSIVE ZOPIING ORDINANC� OF THE CITY OF GRAPEVINE, 'I�S, SAME BEING AI.SO KNC�JN AS APPIIVDIX "A" OF � CITY CODE OF GRAPEVINE, TEXA.S, GR�IIVTING A ZONING CHANC� ON A TRACT OF LAND DESCRIBID AS BEING A L�OT, TRACT, OR PARCEL OF I,AND LYING ADID BEING SITUA'I'.E� IN TARRANT COUN`I'Y, �S, BEING A PART OF � P. R. SPLANE SURVEY, ABSTRACT NO. 1453, Z�-IE AI,EX THOMPSON SURVEY, ABSTRACT NO. 1532, TF-� THQMAS EASTER SURVEY, ABSTRACT NO. 474, AND Tf� W. R. LAWI�R ADDITION, IN Tf-iE CITY OF GRAPE- VINE, TEXAS, MORE FLTLLY AND COA4PL�,'Z�L,Y DESCRIBID IN THE BODY OF THIS ORDINANC,E; ORDERING A CHANGE IN THE USE OF SAID PROPIItTY FRC�NI "SP" SPECIFIC USE PERMIT DISTRICT FOR � CONSTRUCTION AND OPERATION OF A ROLLER SKATING ARII� AND R�,A�n ACTIVITIES, INCLLIDIlVG A MAXIM[JM OF 20 COIN OPERATED GAME MACHINES, ALL IN ACCORDANC� WITH A SITE PLAN TO "C-2" CONY�'IC�TITY BUSI- NESS DISTRICT ZONING CATEGORY; CARRDCTING Tf� OFFICIAL ZONING MAP; PRESERVIlVG ALL OZ'f-IER PORTIONS OF THE ZONING ORDINANC�; PROVIDING A CLAUSE REI,ATING TO SEVER- ABILITY; DETERMINING THAT � PUBLIC :� IN'I'F'�RESTS, h10R�LS AND Q�RAI� WEr�'ARE - DE1`•4AND A ZONING C�iANGE AND AN�IDN�I'I' Tf-IEItEIN P�'�DE; PROVIDING A PII�IALTY; AND DECLARING AN EP'IERGENCY WI�]�EAS, applications were made to amend the Official Zoning Map, City of GrapevinE., Texas, by making applications for same with the Planning & Zoning Commissic�n of the City of Grapevine, Texas, as required by State statutes and the zoni.ng ordinances of the City of Grapevine, Texas, and all the legal requiremE�nts, conditions and prerequisites ha.ving been complied with, the case having cc�me before the City Council of the City of Grapevine, Texas, after all legal no�tices requirements, conditions and prerequisites having been complied with; and, - WHE]�EAS, 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 changed should be granted or denie�3; safety of the motoring public and the pedestrians using the facil- ities in the area inanediately surrounding the site; safety from fire hazards and meas�ures for fire control, protection of adjacent property fran flood. or water damages, noise producing elemsnts and glare of the vehicular and sta- tionary lights and effect of such lights on established character of the neighborizood, 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 tYie site and in the i�anediate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of iny-ress 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 o:r� .the promotion of health and the general welfare, effect on light and air, the� effect or. the overcrow�ling of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other 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 requeste�d 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 sa�, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the over- crawding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, �r1E�EAS, 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 appropri- ate use c>f land throughout this city; and, WHEFtEAS, the City Council of the City of Grapevine, Texas, does find tYiat there is a public necessity for the zoning change, that the public des�zds it, that the public interest clearly requires the amendment, that the zoning char.ges 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, Wf-3E'd-�A.S, the City Council of the City of Grapevine, Te�xas, does find that the change in zoning lessens the congestion in the streets, helps secure safety f:rom fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; avoids uridue concentration of population; facilitates the adequate provisions of trans��ortation, water, sewerage, schools, parks and other public require- ments; and, WHE�ZEAS, the City Council of the City of Grapevine, Texas, has determined that the:re is a necessity and need for this change in zoning and has also found an�3 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 s»ce this property was originally classified and therefore, feels that � a change in zoning classification for the pa.rticular piece of property is needed, �_s 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, :�afety, and welfare of this conmunity. NOW„ Z�-I�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF GRAPE- VINE� TEXAS: Seci:ion 1. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also known as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is ]zereby �ended and changed in that the use of the following described property„ to-wit: The follaaing described tract or parcel of land situated in the P. R. Splane Suzvey, A-1453, the Alex Thom�son Suzvey, A-1532, and in the Thomas Easter S�arvey, A-474, Tarrant County, Texas and being a portion of Lot 2, W. R. Lawler Addition No. l, to the City of Grapevine, Tarrant County, Texas accordinc� to plat recorded on Page 43 of Voliune 388-92 in the Tarrant County Deed Recc�rds and also being a portion of a tract of land as recorded on Page 263 of V��l� 6382 in the Tarrant County Deed Records and being more particu- larly described as follaas: BEG:LNNING at an iron rod at the rlortheast corner of said Lot 2, said W. R. Lawle:r Addition No. 1 and being the Northwest corner of Lot 1, said W. R. Lawler As3dition No. 1 and bei.ng S 59� 23' 10" W a distance of 251.5 feet from Nbntunent 50 Dallas-Fort Worth Regional Airport; and also being in the South line of 3tate Highway No. 26 (121) ; Tf�IVCE S 30° 18' 05" E along the East line of said Lot 2 a distance of 413.2 feet to an iron rod at the Southeast corner of said Lot 2, said W. R. Lawler Ac3dition No. 1; Tf-IDVCE S 59° 42' W along the South line of said Lot 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 Volume 6382 in the Tarrant County Deed Records and being i.n the West line of an 84.3509 acre tract as recorded on Page 791 of Volume 4699 in the Tarrant County Deed Records; Tf-�TCE S 0° 18' 26" E along the West line of said 84.3509 acre tract a distance of 136.44 feet; 2�10E S 89° 42' G7 a distance of 30.0 feet; 'I��IC� 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 32° 14' 20" E a distance of 5319.8 feet. ; Z�ICE Northeasterly along said curve and along the South line of said State Highway No. 26 (121) a distance of 120.48 feet; Tf�]CE S 33° 21' 18" E a distance of 206.18 feet; 'I'fiENCE N 51° 38' 42" E a distance of 145.0 feet; T��]CE N 33° 21' 18" W a distance of 186.67 feet to the South line of said Stat.e Highway No. 26 (121) ; 'I'F�]CE N 59° 23' 40" E along the South line of said State Highway No. 26 (121) a ciistance of 91.48 feet to place of beginning, containing 3.012 acres or 131,217 square feet of land mQre or less; which, in accordance with Compre- hensive �,oning Ordinance No. 70-10, was previously zoned. "SP" Specific Use Permit Di.strict for the construction and operation of a roller skating arena and relat.ed activities, including a maxinnun of 20 coin operated game machines, in accordance with a site plan is hereby changed to "C-2" Co�mznity Business District Zoning Category. Sect.ion 2. The City Dlanager is hereby directed to correct the official zoning mz�p of the City of Grapevine, Texas, to reflect the herein change in zoning. Sect:ion 3. That in all other respects the use of the tract or tracts of � land herEin above descri.bed shall be subject to all the applicable regulations � containedl in said City of Grapevine zon.ing ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Sect:ion 4. That the zoning regulations and districts as herein estab- lished h�ve been made in accordance with the ccxnprehensive plan for the pui�pose <�f promoting health, safety, morals and the general welfare of the co�ity. They have been designed with respect to both present conditions and the c�nditions reasonably anticipated to exist in the foreseeable future, to lesseri congestion in the streets; to secure safety frcan fire, panic, flood and othei- dangers; provide adequate light and air; to prevent overcrc�l.ing of land, to avoid undue concentration of population; facilitate the adequate provisioris of transportation, water, sewerage, drainage and surface water, parks anci other public requirements, and to make adequate provisions for the nonnal business, commercial needs and development of the co�anunity. 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 appropri- ate use of land throughout the comrnulity. Sect:ion 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 . provisioris 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 ��f 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. Seci:ion 7. 'I'hat any person, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties as provi.ded for in Ordinance No. 70-10, Zoning Ordinance of the City of GrapevinE�, Texas. Sec��tion 8. The fact that the present zoning ordinance and regulations of the City of Grapevine, Texas are inadequate to properly safeguard the health, safety, r.norals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the i.mriediate preservation of the public business, property, health, safety and general w+elfare of the public which requires that this ordinance shall become effective fram and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on th�s the 21st day of Septe.mber, 1982. APPROVID: Mayor A'I�I`EST: Cit Se r.e APPROVED AS 'Il� FORh1 AND LEGALITY: ��� 3 - City Attorney _