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Home My WebLink AboutORD 1978-063 ORDINANCE NO. 78-63 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ,� :>. ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS TITLE 10 OR THE CITY CODE OF GRA.PEVINE, TEXAS, �,;,,.,;� GRANTING A ZONING CHANGE ON 3 TRACTS OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXRS�, BEING A PART OF THE THOMAS MAHAN AND A. FOSTER SURVEYS , ABSTR.ACT #1050 and 518 IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY CF THIS ORDINANCE ORDERING A CHANGE IN THE USE OF SAID PROPERTY F'ROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-2�� COND�IUNITY BUSINESS DISTRICT; CORIZECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMl�ND A ZONING CHANGE AND AMENDMENT THEREIN MADE; � PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. +�. F �� 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 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 Council of the City of Grapevine, Texas, after all legal notices, require- R 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 fload 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 t 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 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 �°°� 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, � � 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 g 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 � .s promote the general health, safety and welfare of this community; �:. � NOW, THEREFORE, A� � ;�r� 1'I' l�il�JA7NF,D }3Y ']'i�F Ci'1'Y COUIJCIL OF THE CI']'Y • OF v:Z��Pr'V :I?vF, '1'E7.AS : SFCTTON l . That the C� ty of Grap�vine Ordiriance No. 70-10, beii�g the Comprehensive 7oning Ordinance of the . Cii.y of Grapevipe, T�xas, 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 the � �- followi.i�g described prop�rty, to-wit: ,�;: e TRAC� I BEING A TRACT OF LAND OUT OF THE A. ROSTER SURVEY, ABSTRACT NO. �� 518 AND THE T. MAHAN SURVEY, ABSTRACT NO. 1050, SITUATED IN TARRANT COUNTY, TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS � AS FOLLOWS: COAM�I�NCING at a point in the center of Keller-Grapevine Road (Wall Street) said point being by deed call 2890.3 feet West and 622.23 feet South of the Northeast corn�}r of the A. Foster Su-r- ' vey, said point being the Southeast corner of a tract of land described in Volume 1815, Page 349, Deed Records , Tarrant County, Texas ; " i THENCE N. O� - 36� W. 29.6 feet to an iron pin in the North R.O.W. ��I line c�f said road; THENCE S. 78� - 38' W. 286.3 feet al.ong said R.O.W. line to an iron pin; THENCE N. O° - 36 ' W. 377.7 feet to � an iron pin; THENCE S. 89� - 24' W. 328.5 feet to the Southeast � corner and the POINT OF BEGINNING of the herein described tract; ! THENCE S . 89° - 24' W. 262.8 feet to an iron pin under fence for � the Southwest corner of the herein described tract; THENCF N. 5� i - 43' W. 598.5 feet along said fence •line to an iron pin at fence ; corner in the South R.O.W. of State Highway No. 114, said point � being the Northwest corner of the herein described tract; THENCE j � N. 89° - 49 ' E. 320.8 feet along said R.O.W. line to an iron pin ! �, � ' in same for the Northeast corner of the herein described tract; � THENCE S . O� - 11 ' E. 593.8 feet to the PLACE OF BEGIi�tNING and i ` �., containing 173,610 square feet or 3.986 acres of land ; � TRACT II ' I BEING A TRACT OF L.AND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO. i 518, AND THE T. MAH�N SURVEY, ABSTRACT NO. 1050, SITUATED IN � TARRANT COUNTY, TEXAS, AND BEING DESCRIBED BY METES AND BOUNDS � AS FOLLAWS: . � ; COMMENCING at a point in the center of Keller-Grapevine Road � (Wall Street) , said point being by deed call 289Q.3 ft. West and 622.23 feet South of the Northeast corner of the A. F'oster Survey, said point being the Southeast corner of a tract of land described in Volume 1815, Page 349, Deed Records , Tarrant County, Texas ; THENCE N. O� - 36 'W. 29.6 feet to an iron pin in the North R.O.W. - line of said road; THENCE S. 78� - 38' W. 286.3 feet along the North R.O.W. line of said road to an iron pin; THENCE N. O� - 36' � W. 377.7 feet to an iron pin at the most Easterly Southeast corner , and the POINT OF BEGINNING of the herein described tract; THENCE � , S. 89� - 24� W. 328.5 feet to an iron pin for the Southwest cor- i�'� - ner of the herein described tract; THENCE N. O° - 11 ' W. 593.8 ° feet to an iron pin in the South R.O.W. line of State Highway No. . , � 114, said point being the Northwest corner of the herein described ' tract; THENCE N. 89� - 49' E. 265.0 feet along said R.O.W. line to an iron pin in same for the most Northe rly Northeast corner of , the herein described tract; THENCE S. O° - 41 ' E. 338 .5 feet along a fence line to an iron pin under same for a re-entrant corner of the herein described tract; THENCE N. 85° - 41 ' E. 58.6 feet to an iron pin for the most Easterly Northwest corner of the herein described tract; THENCE S . O° - 36' E. 257.3 feet to the PLACE ��F BEGINNING and containing 173,610 square feet or 3.986 acres of land. TRACT I:II � -...-..- . - -- BEING A TRACT OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT NO. 518, SITUATED IN TARFZANT COUNTY, TEXAS , AND BEING DESCRIBED. BY METES AND � ° BOUNDS AS FOLLOWS: COMMENCING at a point in the center of Keller-Grapevine Road (Wall Street) . , said point being by deed ca112890.3 feet west and 622 .23 feet South of the Northeast corner of the A. Foster Survey, said point j being the Southeast corner of a tract of land described in Volume 1815, Page 349, Deed Records , Tarrant County, Texas ; THENCE N. O� - 36 ' W. 29.6 feet to an iron pin in the North R.O.W. of said road; THENCE S . '78� - 38 ' W. 286.3 feet along said Northerly R.O.W. fence to an iron pin; THENCE S . 78� - 38 ' W. 313.3 feet along said R.O.W. fence to an iron pipe at fenc� corner in same ; THENCE N. S� - 58 ' W. along a fence line and continuing 298.0 feet to an iron pipe for a re-entrant corner and true point of beginning of the herein de- scribed tract ; THENCE S . 78� - 42 � W. 243 .3 feet to an iron. pin under fence for the most Westerly Southwest corner of the herein described tract; THENCE N. 5� - 43 � W. 185.6 feet along said fence to an iron pin in same for the Northwest corner of the herein described tract; THENCE N. 89� - 24 � E. 591 .3 feet to an iron pin for the Northeast I corner of the herein described tract; THENCE S. O� - 36 ' E. 79.7 feet to a point being the southeast corner of the herein described i tract; THENCE S . 78� 38 ' W 393.9 feet to the PLACE OF BEGINNING � and containing approximately 91 ,593 square feet or 2 . 103 acres of land� �` � which was previously, in accordance with Comprehensive Zoning Ordinance 70-10, zoned "R-1" Single Family Dwelling District is hereby changed to �,,� "G 2" Community Business District Zoning. � , � � � q . � i � �r��a �u;�c . • �' , 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 provisians 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. � ti 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 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 aeclared 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: e CITY SECRE Y APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY r� - �,�o ' �,�; ,, ��