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HomeMy WebLinkAboutORD 1981-068 ORDINANCE NO. 81-68 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND WHICH IS WITHIN THE CITY OF GRAPEVINE, TEXAS AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM C-2 COMMUNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT FOR A C-2 COMMUNITY BUSINESS DISTRICT USES AND A CONSTRUC- TION YARD SITE IN CONJUNCTION WITH A STATE HIGH- WAY DEPARTMENT PROJECT; PROVIDING A SITE PLAN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE PRO- VIDING A SEVERABILITY CLAUSE DETEI2MINING 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 zoninQ ordinance of the City of Grapevine, Texas , and all the legal requirements, conditions and prerequisites having been complied with, the cases having come before the City Council of the City of Grapevine, Texas, after all legal notices , requirements , conditions, and prerequisites 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 sites; 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 sta- tionary lights and effect of such lights on established char- acter 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 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 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 transporta- tion; water, sewerage, schools , parks and other public facili- ties ; 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 zoninq 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, 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 Ordinance No. 70-10 , the Zoning Ordi- nance of the City of Grapevine, Texas passed on April 7, 1970 , be, and the same is hereby amended and changed in that the allowed use of the property described in attached Exhibit A, which is hereby incorporated herein and which is presently zoned C-2 Community Business District under Ordinance No. 70-10 , is changed to "SP" Specific Use Permit District with a site plan for uses authorized and allowed under C-2 Community Busi- ness District Zoning and a construction yard solely and only in conjunction with a State of Texas Highway Department Project for the widening and improving of State Highway 114 within the City limits of Grapevine for a period of time not to exceed twenty-six (26) months from October 20, 1981. Section 1-A. That the uses allowed on the property as described in Section 1 are hereby approved and granted upon the following express conditions ; A. All C-2 uses shall be permitted and allowed only in strict compliance with all requirements , restrictions , and conditions applicable to a C-2 District and no C-2 uses shall be permitted and allowed in conjunction with either as a principal or an accessory use, to the construction yard. B. The construction yard usage shall be in strict con- formance with the site plan that is attached hereto and incorporated herein for all purposes and labeled Exhibit "B" . C. The construction yard usage shall comply with the following additional requirements and conditions : a. The rear gate (on the North side) contiguous residential development shall be closed per- manently and not used for ingress and egress . b. No actual construction of any type shall be permitted or allowed. No construction of forms or other similar tools shall be per- mitted. c. The use of any two-way radio, outside speaker, loudspeaker or amplifier in any manner that disturbs the peace and tranquility of the adja- cent residential development is hereby prohib- ited. d. Dust control shall be maintained at all times pursuant to a procedure that is approved by and acceptable to the Director of Public P�orks for the City of Grapevine in a manner that eliminates dust problems within the adjacent residential development. e. The owner and user (tenant or lessee) of sub- ject property shall execute an agreement acknowledgeing and agreeing to all of the conditions contained in this ordinance relat- ing to the operation of the construction yard. The agreement shall be a covenant running with the land which is capable of being filed for record and the City reserves the right to file said instrument. Section 2. The City Manager is hereby directed to correct the official zoning maps 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. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the com- prehensive 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 fore- seeable future, to lessen congestion in the streets; to se- cure safety from fire, panic, flood and other dangers; pro- vide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drain- age and surface water, parks and other public requirements , and to make adequate provisions for the normal business , com- mercial 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 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 ordi- nance. 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 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 are inadequate to properly safe- guard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency fo the immed- iate 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, as provided by the Charter of the City, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 3rd day of November, 1981. APPROVED: Mayor ATTEST: c City Sec y APPROVED AS TO FORM: � City Attorney EXHIBIT "A" :r PORTIO�T OF PAYTOr?-TrIRIGHT ADnITION GRAPEVINE, TARRANT COUNTY, TEXAS The folloa:ing described tract or parcel of land being the west Portion of PAYTON-WRIGNT ADDITION, to the City of Grapevine, Tarrant County, Texas according to plat recorded on Page 36 of Volume 388-120 in the Tarrant County Deed Records and also being situated in the J.B. Fay Survey, A-530 and in the William Bradford Survey, A-131, Tarrant County, Texas and being more particularly described as follows: BEGINNING at an iron rod at the Southwest corner of said PAYTON-WRIGHT ADDITION and being in the North line of State Highway No. 114; THENCE N 0° 04' 50" W a d i stance of 320.16 feet to an i ron rod at the Northwest corner of the said PAYTON-WRIGNT ADDITION and being in the South line of Lot 7, Block 11, BELLAIRE ADDITION, Section 6, to the City of Grapevine, Tarrant County, Texas according to plat recorded on Page 31 of Volume 388-V in the Tarrant County Deed Records; THENCE N 89° 56' E along the Sauth line of said B�LLAIRE ADDITION, Section B a distance of 235 feet; THENCE S 0° 04' 52" E a distance of 322.21 feet to the North right-of-way line of State Highway No. 114; THENCE N 89° 34' W a distance of 235 feet to the Place of Beginning, Containing 1.73 acres of land more or less. f _ � EXHIBIT "B" �� � i i � � i � I t . 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