HomeMy WebLinkAboutORD 1978-046 ORDINANCE NO. 78-46
AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING
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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 LOT, TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE
FRANKLIN WOOD SURVEY, ABSTRACT #1688 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 MAP; PRESERVING ALL OTHER PORTIONS OF
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THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS
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AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT
THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMER-
GENCY.
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WI�ERLAS, �i�plications were made to amend the
Official Zoning Map, Cii:.y of Grapevine, Texas, by making
ap�lications for same with the Planning and Zoning
Commission of the City of Grapevine, Texas, as required
by state statutes and the zaning ordinanc�s of the City
of Grapevine, Texas, and all �.he 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, r_equire-
�"' ments, conditions and pre-requisites having been comp]_ied
wii�h; and,
�"''°�' WHEREAS, the City Council of the City of
Grapevine, Texas, at a public hearing called by the
City Council did consider the follawing factors in
making a determination as to whether �hese 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
f 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
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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,
WHEI2EAS, the City Council of the City of
Grapevine, Texas, does find that th�re is a public
necessity for the zoning change, that i�he public demands
it, that the public interest clearly requires -L-he amend-
m�nt, that i�he zoning ch��nges do not unreasonably invade
the rights of those who bought or improved property with
reference to the classif_.icai�ion which exi_sted at i�he time
their original investment was made; and,
�-�� WI3ERTAS, the City Council of the City of
Grapevine, Texas, does find that the change in zoning
lessens the congestion in the stre�ts, 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 popul.ation; 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 classificai=ion 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,
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� ;�1-. I �1' C�il�)?�]I�}-;D 13Y '1'i�E CI'1'Y CpUNC7L OF `I')�E CI7'Y �
• OF C�.'Z>>Pr'V INF, '1'FY,I�S : �
SEC7'].ON l . That t}�e Ci ty of Grapevine Ordinance
No. 70-7_0, b�ii�g i�he Com�rehensive 7oning Ordi_n�nce of the
_ City of Grapcvine, 'I'�xas , s�rne b�ing also known as Title
10 of the Cii�y Code of Grapevine, T�x�s, be, and t:he sarne
is hereby amc�nded �nd ch�ng�d in that the use of the � •
fol7_owing d�scribed prop�rty, tc-wit:
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A 1.464 acre tract of land being in the southwest corner of' a 15
_ acre traet of land• deeded to W. T. Haz�Tell by deed dated October
_ __—_29., 1945„ an3 recorded ir� -Book- 1�56-; Pa�fe- �37; Deed I3ecords;�� � --� "
Tarrant County, Texas , the same being a part of the Fr�nklin �'ood
� Sur�e3r, Abstract No. 1688, Tarrant County , Texas , said l. 464 acre
tract of ldnd being: more particular�y described by metes and
bounds as follov,s: _ � ___= .. - _
BEGINNING at a �" iron pin located 787. 0 varas north of, and 6. 0
varas east of the southwest corner� of the said Franklin Wood -
Survey, . . - � - -, - . . . . .
- _ _ -_ .�
THENCE north 111 .11 feet to another �" iron pin for the southTa�est=, .�.
corner of tract No. 3-A-4 which is the northwest corner of this�- - �- �;:�
tract of larid; - -
, � _ • _ � . � _ ___;
: � £ THENCE east with the south line of said 3-A-4 tract of land to
, another �" iron pin for the northeast corner of this tract of
� �.,_,� land a distance of 294.44 feet;
THENCE south 337.5 feet to another �" iron pin in the north .. _._ ,
Aight-of-Way lirie of the Dove to Grapevine Road.; . .; . _ -
THENCE north 48 degrees , �7 � ?ti'est with �he north right-of-way "� ' �
line of said road a distance of 197.�5 feet to a point for an -
inner corner; • • •
THENCE north 52 degrees 30' west `continuing with the north right
of-t•rey line of s�id road a distance of i75. 0 feet to the place of
beginning, SAVE AND EXCEPT an undivided 1K/16 interest Yn and to
all oil , gas and other minerals on or under coptianed property
heretofore reserved to 0. E. Cole and wife , Una Lee Cole in that
certain deed to W. T. Harwell •and wife , Mary �lice Ha.rwell , dated
10--29-45 and recorded in Book 1756, Page �37, Deed Records , Tar-
rant County�, Texas� •
whicti property was previously zoned "R-1 ' Single Family
` Dwelling district in accordance with Zoning Ordinance 70-10;
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is hereby changed to "C-2" Community Business District.
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SECTION ?_ . The City Manager is hereby directed to correct
t:he official zoning map of the City of Grapevine, Texas,
to ref_lect the herein change in zoning.
SECTION 3 . �rhat in all other respects �he 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 ord�.nance and all other applicable and
pertin�nt ordinances of the City of Grapevine, Texas.
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SECTION 4. Ttzat the zoning regulations and districts as
herein established have been made in accordance with the
�� camprehensive plant for the purpose of promoting health,
safety, morals and the general welfare of the comtnunity.
They have been designed, with respect to both present
conditions and the conditions reasonably anticipated to
exist in the foreseeab]_e future, to lessen congestion in
the streets; to secure safety from fire, panic, flood and
other dang�rs ; provi_de adequate light and air; to prevent
over-crowding of land, to avoid undue cancentration 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 va]_ue of buildings and encouraging the most appropriate
use of land throughout i�he 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
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 �r corporation violating
any of the terms and provisions of this ordinance shall be
subject to the same penalties pravided 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
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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 APPROVFll BY TIiE CITY COUNCTL OF THE CI=TY OF
GRAPEVINF, TEXAS, this the _ 8th __ day o.f ___August __,
1978.
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"� MAYOR
A'I"PEST:
C ITY SECR � A
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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