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HomeMy WebLinkAboutORD 1981-030 Y ORDINANCE NO. 81-30 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF THE CITY OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED ' AS BEING A LOT, TRACT, OR PARCEL OF LAND , LYING AND BEING SITUATED IN TARRANT COUNTY, ' TEXAS, BEING A PART OF THE THOMAS EASTER SURVEY, ABSTRACT NO. 474 AND THE A. FOSTER SURVEY, ABSTRACT N0. 518, 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 FROM "C-2" COMMUNITY BUSINESS DISTRICT ZONING CATEGORY TO "SP" SPECIFIC USE PERMIT ZONING FOR THE CONSTRUCTION AND OPERATION OF A ROLLER SKATING ARENA AND RELATED ACCESSORY USES , EXCLUDING THE USE OF COIN OPERATED MACHINES, ALL IN ACCORDANCE WITH A REVISED SITE PLAN ADDRESSING DRAINAGE WITH SAID REVISED SITE PLAN REQUIRING APPROVAL OF THE CITY ENGINEER, AND FURTHER PROVIDING FOR COMPLIANCE WITH ALL CONSTRUCTION REQUIREMENTS IN THE "C-2" COMMUNITY BUSINESS DISTRICT CATEGORY EXCEPT AS OTHERWISE PROVIDED HEREIPJ; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER- ABILITY; DETERMINING THAT THE PUBLIC INTERESTS , MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY WHEREAS , applications were made to amend the Official Zonina Map, City of Grapevine, Texas, by making applications for same with the Planning & 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 Coun- cil of the City of Grapevine, Texas , after all legal notices requirements, conditions and pre-requisites having been com- plied 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 adja- cent 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 park- ing as determined by requirements 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 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 concentration of population, the effect on the transportion, 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 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 pub- lic facilities; and, WHEREAS, the City Council further considered among other things the character of the district and its peculiar suit- ability 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 amendment, 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 Council of the City of Grapevine , Texas , does find that the change in zoning lessens the conges- tion in the streets, helps secure safety from fire, par.ic and other dangers; promotes health and the general welfare; pro- vides 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 deter- mined 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; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : Section l. 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 hereby amended and changed in that the use of the following described property, to-wit: LEGAL DESCRIPTION Situated in Tarrant County, Texas , and being a tract of land in the THOMAS EASTER SURVEY, Abstract No. 474 , and the A. FOSTER SURVEY, Abstract No. 518 , and being more particularly described as follows : BEGINNING at a concrete monument in the Northeasterly R.O.W. line of State Highway 114 , said point being the most Northerly corner of a tract of land conveyed to the State of Texas , by deed recorded in Volume 3535, � Page 660, of the Deed Records of Tarrant County, Texas; THENCE North with a fence line, 473 . 38 feet to an iron pipe in place at a fence corner in the North line of said Easter Survey; THENCE North 89 degrees, 25 minutes, East with a fence in said North line of said Easter Survey, and the North line of said Foster Survey, 166 . 37 feet to an iron rod set for corner; THENCE South 1 degree, 03 minutes, 45 seconds East 584 . 32 feet to an iron rod set for corner in the Northerly line of Wall Street; THENCE North 69 degrees, 30 minutes , 15 seconds West with said Northerly line of Wall Street, 147 .23 feet to a con- crete monument in place at the intersection of said Northerly line of Wall Street with said Northeasterly line of State Highway 114; THENCE North 34 degrees, 17 minutes , 30 seconds West with said Northeasterly line of S .H. 114 , 69 . 7 feet to the PLACE OF BEGINNING, and containing 2 . 147 acres , more or less; Save & Except that portion conveyed to the State of Texas, Volume 6717 , Page 2333 as follows : Being 0. 214 of an acre of land, more or less , situated in the County of Tarrant, State of Texas , and being out of the Thomas Easter Survey, Abstract No. 474 , and the Ambrose-Foster Survey, Abstract No. 518 , and being a part of a tract of land conveyed by Edith Richardson Tillery to Alva G. Herndon by Quitclaim deed dated July 2, 1977 and recorded in Volume 6268 , Page 852 of the Deed Records of Tarrant County, Texas, which 0. 214 of an acre of land, more or less, is more particularly described as follows : BEGINNING at the intersection of the present northeasterly right- of-way line of State Highway 114 , and the present North line of Keller-Grapevine Road (County Road No. 3012) ; (1) THENCE North 33° 32 ' West with the present northeasterly right of way line of State Highway 114 , a distance of 69 . 65 feet to a point in the present West line of the Alva G. Herndon tract; (2) THENCE North 00° 52 ' East with the West line of said Herndon' s tract, a distance of 86. 21 feet to a point in the proposed northeasterly right of way line of State Highway 114 , said point also being South 00° 52 ' West, a distance of 386 . 98 feet from the present northwest corner of said Herndon ' s tract, said point also being 223 . 11 feet northeasterly of and right angles to center- line survey station 334+14 . 40; (3) THENCE in a southeasterly direction with said proposed northeasterly right of way line of State Highway 114 along the arc of a circular curve to the right, having a radius of 974. 93 feet and through a central angle of 03° 33 ' 49" a distance of 60 . 64 feet to a point of tangency; THENCE with the proposed northeasterly right of way line of State Highway 114 , the following courses and distances: (4) South 33° 14 ' East a distance of 60. 49 feet to a point; (5) South 51° 21 ' East a distance of 136. 07 feet to a point in the East line of said Herndon ' s tract; (6) THENCE South 00° 09 ' East with the East line of said Herndon' s tract a distance of 12 . 76 feet to the present southeast corner of said Herndon ' s tract, said point being in the North line of Keller-Grapevine Road (County Road No. 3012) ; (7) THENCE North 68° 36 ' West with the North line of said County Road a distance of 147 . 23 feet to the point of beginning; which, in accordance with comprehensive zoning ordinance No. 70-10 was previously zoned "C-2" Community Business District zoning category is hereby changed to "SP" Specific Use Permit Zoning for the construction and operation of a roller skating arena and related accessory uses, excluding the use of coin operated machines , all in accordance with a revised site plan addressing drainage , with said revised site plan requiring approval of the City Engineer, and further providing for compliance with all construction requirements in the "C-2" Community Business District category except as otherwise provided herewith. 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 sub- ject 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 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 con- ditions 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 transportation, 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 suit- ability 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 pro- visions 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 des- cribed herein. Section 7 . That any person, firm, or corporation vio- lating any of the terms and provisions of this ordinance shall be subject to the same penalties provided for in Ord- inance 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 its date of final passage, and it accordingly so ordained. PASSED & APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , on this the 21st day of April, 1981. APPROVED: � Mayor ATTEST: City ec et APPROVED TO FORi�l AND LEGALITY: �—� City Attorney ;