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HomeMy WebLinkAboutORD 1981-047 ORDINANCE NO. 81-47 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE 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 A. FOSTER AND J. B. '�" FAY SURVEYS, ABSTRACTS N0. 518 AND 530 , 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 "R-1" SINGLE FAMILY DWELLING DISTRICT TO "I-1" LIGHT INDUSTRIAL DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMIN- ING 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 Zoning 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 zonina ordinances of the City of Grapevine, Texas, and all the legal ��w requirements, conditions and pre-requisites having been com- plied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal 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 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 overcrowding of the land, the effect on the concentration of population, the effect on the ;�, transportation, water, sewerage, schools, parks and other facil- ities; 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 overcrowding 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 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 re- quires 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 congestion in the streets, helps secure safety from fire, panic and other dan- gers; 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, 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 pro- perty 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 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 hereby amended and changed in that the use of the following described prcperty, to-wit: LEGAL DESCRIPTION Parts of the A. Foster Survey, Abstract No. 518 and the J. B. Fay Survey, Abstract No. 530 , situated in the northeast part of Tarrant County, Texas; and embracing all of the 10-22/100 acres tract described in the deed to Welborn Enterprises , Inc. recorded „�,..� in volume 6087 , page 77 of the Tarrant County Deed Records , all of the 0-244/1000 of an acre tract described in the deed to Welborn Enterprises , Inc. recorded in volume 6087 , page 82 of the said Deed Records and all of the 0-845/1000 of an acre tract described � in the deed to Welborn Enterprises, Inc. recorded in volume 6087 , page 86 of the said Deed Records. BEGINNING at a 5/8" iron in the south line of the said Fos- ter Survey and the north line of the said Fay Survey 2647-9/10 feet east of their common west corner for the southwest corner of the said 0-244/1000 of an acre tract in the north line of the said 10-22/100 acres tract for the southeast corner of the tract described in the deed to Lanpar Company recorded in volume 4600 , page 776 of the said Deed Records. THENCE north no degrees - 12 1/2 minutes east, along the west line of the said 0-244/1000 of an acre tract and the east line of the said Lanpar tract, 146-5/10 feet to the north corner of the said 0-244/1000 of an acre tract and the southerly northwest corner � � of the tract described in the deed to the State of Texas recorded in volume 5762 , page 951 of the said Deed Records for right of way for State Highway No. 114; from which a 5/8" Highway Department � right of way iron bears south 44 degrees - 29 1/4 minutes east 1-2/10 feet; THENCE along the State of Texas tract for said right of way of State Highway No. 114 and F-M Highway No. 157 , along the east- erly line of the said 0-244/1000 of an acre tract, to and along the easterly line of the said 10-22/100 acres tract: south 44 degrees - 29 1/4 minutes east 201-23/100 feet to a 5/8" Highway Department right of way iron at the begin- ning of a curve to the left with a radius of 2894-79/100 feet; along said curve to the left an arc length of 259-48/100 feet to a 5/8" Highway Department right of way iron at its end, the long chord of said 259-48/100 feet arc is south 47 degrees-02 minutes-25 seconds east 259-39/100 feet; south 13 degrees-18 minutes east 209-99/100 feet to a 5/8" Highway Department right of way iron; south 34 degrees-33 1/2 minutes west 283-94�100 feet to �""" a 5/8" Highway Department right of way iron; ,��� south 32 degrees-37 1/2 minutes west 200-20/100 feet to a 5`8" Highway Department right of way iron; south 35 degrees-30 minutes west 67-40/100 feet to a 5/8" Highway Department right of way iron for the south- west corner of the said State of Texas tract and the southeast corner of the said 10-22/100 acres tract; THENCE west, along the south line of the said 10-22/100 acres tract, 10-76/100 feet to a Dallas-Fort Worth Regional Airport Monu- ment No. 47 for the southeast corner of the tract to the City of Fort Worth by Judgement in Cause No. 48-10146-71 in District Court of Tarrant County, Texas and being the southwest corner of the said 10-22/100 acres tract; THENCE north 41 degrees-11 1/2 minutes west, along the south- westerly line of the said 10-22/100 acres tract and the northeast- erly line of said City tract, 274-34/100 feet to a Dallas-Fort Worth Regional Airport Monument No. 47-A in the south line of said 0-845/1000 of an acre tract; THENCE north 89 degrees-53 minutes west, along the said south �` ° line of the 0-845/1000 of an acre tract and a north line of the said City tract, 91-24/100 feet to the southwest corner of the said 0-845/1000 of an acre tract and a reentrant corner of said �� City Tract; THENCE North no degrees-15 1/2 minutes west, along the west line of said 0-845/1000 of an acre tract and an east line of said City tract, 104-54/100 feet to a Dallas-Fort Worth Regional Airport Monument No. 47-G for a corner of said 10-22/100 acres tract; THENCE north 41 degrees-12 1/4 minutes west, along the south- west line of said 10-22/100 acres tract and the northeast line of said City tract, 722-6/10 to the northwest corner of said 10-22/100 acres tract in a fence; THENCE south 88 degrees-23 1/2 minutes east, generally along said fence for the north line of said 10-22/100 acres tract, 687-9/10 feet to the place of beginning and containing 11-314/1000 acres, of which 0-395/1000 of an acre lies within the said Foster Survey and 10-919/1000 acres are within said Fay Survey. Compiled June, 1981 from previous survey; which, in accordance with Comprehensive Zoning Ordinance 70-10 , was previously zoned ,� ,4 "R-1" Single Family Dwelling District is hereby changed to "I-1" Light Industrial District Zoning Category. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas , to re- flect 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 ordi- nances of the City of Grapevine, Texas. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the compre- hensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been de- signed 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 overcrowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transpor- tation, 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 ordi- nance 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 sub- ject to the same penalties as 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 is accord- ingly so ordained. PASSED & APPROVED by the City Council of the City of Grape- vine, Texas on this the 21st day of July , 1981. APPROVED: � .. '177' �OC:�7��G.G./ Mayor �" ATTEST: . City Sec ry APPROVED AS TO FORM AND LEGALITY: �---- City Attorney ,>_ , �:y� ,�.,�. �,�