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HomeMy WebLinkAboutORD 1978-062 . ORDINANCE NO. 78-62 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OR GRAPEVINE, TEXAS, SAME BEING � . ALSO KNOWN AS TITLE 10 OF THE. CITY CODE OF GRAPEVINE, TEXAS, � ,,. GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A IAT, TRACT OR PRRCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TE.�CAS, BEING A PART OF THE A. FOSTER SURVEY, ABSTRACT #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 "R-1" SINGLE FAMILY DWELLING DISTRICT �TO "C-2" COMMUNITY BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING MRP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE REL�4TING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEKEST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT Td-IEREIN MAD£; � PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. �. , �,.:9 � WI3EREAS, 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 Grape��ine, Texas, as required by state statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, conditions and pre-reguisites having been complied with, the case having come before the City Cauncil of the City of Grapevine, Texas, after a11 legal notices, require- � ments, conditions and pre-requisites having been complied with; and, w.. ,, 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 loading spaces, and protection � of public health by surfacing on a11 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 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 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 r� 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 requires the amend- ment, 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, p ' 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 dangers; promotes a 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, Texas, and helps �, � promote the general health, safety and welfare of this community; � ., � NOW, THEREFORE, � �w ;�r; 1'1' C�ilUA7NED BY 7'HF Ci'1'Y COUNCIL OF TJjE CI']'Y � OF vW,PEVINE, '1'E>:AS : SEC`I'ION l . That the City of Grap�vine Ordinance No. 70-]_0, beiizg the Comprehensive 7oning Ordinance of the . City of Grapevine, Texas , same being also known as Title 10 of the City Code of Grap�vine, Texas, be, and the same is hereby am�nded and changed in that the use of -�he followi.ng described property, to--wit: � �-- � < i t � '� I � , � � . � . � i , r � - i 1 ,�..� . ; � � � . _ _ ; i , ; ; ; � . ; � 1 "'� - � _,' , FIRST TRACT BEGINNING at a concrete highway monument at the intersection of the West line of State Highway #157 . with the ?lorth line of the access road of State Hi�hway #114, THENCE N. 35° 20 ' 47" E. with t��e West line of � State Highway #157, a distance of 1322 . 7-ft. an iron • pin, THENCE N. 78° 49 ' 39" W. 1590 _ 66 ft. to the West boundary line of this tract, an iron pin in the fence � line, '� ' THENCE S . 0° 29 ' 32" W. along the West boundary line and with the fence line 758 . 71 ft. , a concrete � monument in the North line of the access road of State Highway #114, the same being in the South boundary line of this tract, THENCE with the North right-of-way Iine of said access road, the following courses and distances : S. 38° 15 ' 42" E. 111 . 82 ft. an iron pin, S . 40� 22t 33" E. 99_ 91 ft_ an iron pin, S. 42� 16 ' 14" E. 99_ 92 ft. an iron pin, . S. 45� 03 ' 11" E. 99 . 96 ft. an iron pin, S . 46� 44 ' 13" E. 99. 94 ft. an iron pin, S. 49� 00 ' S1" E. 100 . 00 ft. an iron pin, S_ 50° 59 ' 00" E. . 101 . 9 ft. an iron pin, S _ 53� 00 ' 42" E. 99 . 89 ft. an iron pin, S. 55� 12 ' 47" E. 99 . 98 ft. to a concrete monument, N. 79� 23 ' 05" E. 143 . 05 ft. to the place of beginning, f CONTAINING 31 _ 10 ACRES OF LANL� MORE OR LESS , SAVE AND EXCEPT the 4 . 651 acre tract being taken for highway purposes and des- cribed in E�ibit attached hereto, leaving a net of 26. 44 � ., � acres. SECOND TRACT BEGINNING an iron pin in the West line of Ball Street 2325_48 ft. East and 1091 .3 ft. South of the S _ E. corner of Lot 10 Block 2 Ridgecrest Addition to the City of Grapevine, Tarrant County, Texas, as shown . in Vol. 388-24 Page 25 Plat Records of Tarrant County, Texas, THENCE S . 1� 10 ' W. with the West line of Ball Street 146 .35 ft. an iron pin at the intersection of said West line with the North line of State Highway #121, THENCE with said North line the following courses and distances : N. 88� 48 ' W_ 546_2 ft. an iron pin, S. 89� 13 ' W. 100 _33 ft. an iron pin, ""�" S. 88� 03 ' W. 101 .24 ft. an iron pin, S_ 85� 40 ` 30" W_ 80. 06 ft. an iron pin at the � intersection of the North line with t�ie S�uth line of the St. Louis and S.W_ Railroad right-of-way, THENCE N. 80° 32 ' S4" E. with said South line 882.36 ft. •to the place of beginning, CONTAINING 1 . 331 ACRES OF LAND I�IORE OR LESS, which was previously~zoned "R-1" Single Family Dwelling District in accordance with Comprehensive Zoning Ordinance 70-10 is here- by changed to "C-2" :Community Business District Zoning. EXHIBIT "A" � � 4.651 Acres-Highway R. O. W. 3eing 4.b51 acres ot land, mcre or less, �ituated �n the County of Tarrant, S�ate �, oi Texas, and beinb ouc of the A�brose Foster Survey, ABstract No. 518, and bein� . a pa�t oz a tract o� land conveved to The Esca�e o� Mary Louise C,hastant b�� �,; . pa rtition deed dated DeceWber 1 , 19i6 aad recorded in ��olume blo7 , Page 24� of the Deed Records of Tarrant C,ounty, Texas , h•nich 4. 6�i acres or �and , more or iess, are more particularly described as follows: \ Br.GIh^,vlr�G at tne iztersec=ion of tnz Fresent nortneasterly ri_n= o* w�v liae o` Scate '�ighway 114 , and tne present nortnwescerly rignt of ka}� line of c. M. H-�gnwa}- 15l ; - 0 (i) T:iL:�C� South 79 ?9 ' :.'est with t�e przsen�, nortneasterlv right of wsv line of S�ate Ei�nway 114, a distance of 14?. 92 feet to a poin� in a curl;e wnose centez �ears 0 North �� 46' 1�:" Last ; (Z) . T_�iE�C� in a northwesterly Cirection continuing with szid present nortneasterl� rigz* of way liae along the arc of a circular curve to the rig��, hav_ng a radius of 2, 689.79 ieet and through a central angle of 19� 24' 43", a distance of 9i1.30 ieet to a point ia the present :��est line of the Mary Louise ChasLant tract; �3) T:�E�iC� Ncrth 00° 32 ' �ast with the present west line of said Chastant ' s tract, a d_staace o= 348.29 feet to a point in the proposed northeasterly right of vay line oi State Highway 1i4, said point being South 00° 32 ' West, a distance of 1,075 .39 :eet from the present northeast corner of a tract of land conveyecl to Jack B. � :.inenan, Trustee, as recorded in Vol�ime 4182, Page 641 of the Deed Records .7L Tarran C�unty, Tex2s, said point also being 373.44 reet northeasterly o± and radiall} �,„, > opposite cenierline su rvey station 381+16. 1� ; s (4) THr.;iC� in a southeast�rlv direction with the proposed northeasterly ri�t or wa�• line oi Stste High::ay I14, aiong the arc or a circular curve tu the lez� � havint a radius of 2,261.83 Leet and t:�rou�l-. a central ar_�le of O1� lo' 46", a e+istance � of 50.51 feet to s point of tan�ency; 0 (�? �rtiC� South 37 17 ' East contin::ing witn ssici �ropose� nercheasteri�- ri€ht of �,ra�• l�ne, a distance ot b�1. 58 ieet to a point :�F tan�eacy; � 5j T'riE'_`:C� in a scetheasterl�I direction ��r.tinuinF �::th said proposed n��rthz:sterlv r�ghi oz aa•: line aicag the arc o� a ci-cul�J curve to t:�e le�t, hsvir.� a radius �i i,is7� .; :eec and tnrou;r a central angle oi 12 12' S�" , a distar_ce uf 40v.�i �ee� tc: _ coi�r; �i} �?i�vC� Soutn E3� 25 ' �ast c��nLinuin� �:ith said proposed �crt7e�sterlv ri�h[ oi �•�•: linz, a discance o= &�. 19 iee[ t� a �oin� in a curve vDose cez�er b�ar� �•�;1CG � . �3 ��-:� 44�� .:.35t� �:�) THF:i��� ia a nort�easterl�,- .'_ir?ction continuin� ui�z �a_a F.oposed �or�ne �s�e::�• zi�-n� ui wa� :ine aloni� tne arc of a circula: �urve �o the rig:zt, ;�a�•i-g s rad�u� � c= 1 ,�G2.L0 ieet and cnrou��, a ceritral angie of 12� =S' 00'� , a dis��nce o: 3�6.?�� �eet to a acir.t in the present nortnwesterly rig^c o� �.•ay l:ne of F. `:. N:3n�a�� 1�; ; � t�� ii�tiCy S�uL`� 35� 2b' ►+zst aiti-n ti�e ores�n� nor�nwesterl�• :ig�[ oL va.r lin� of ss:�: :. '1, ri�i�wa}' lSi , a cistance of 351. 54 feet [o t}�e aoint of beoinnir.o. 1 T 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 subject 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, E 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 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- portation, 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 pravisions 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. SECTION 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 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 accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 19th day of September , 1978. �� �_��� � - � , MAYOR �`" ATTEST: . : CITY SECR A APPROVED AS TO FORM AND LEGALITY: � CITY ATTORNEY �,..:_.,, �;.�. ' �