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HomeMy WebLinkAboutORD 1975-038 ORDINANCE NO. 75-38 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, A ZONING !�' ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, GRANTING � A ZONING CHANGE ON THREE (3) TRACTS OF LAND IN THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS AND MORE FULLY DESCRIBED HEREIN; AND ORDERING A CHANGE IN THE USE OF TRACT 1 FROM "R-1" TO "C-1" NEIGHBORHOOD BUSINESS DISTRICT; AND TRACTS 2 AND 3 FROM "R-1" TO "SP" SPECIFIC USE PERMIT DISTRICT FOR MORE RESTRICTIVE DENSITY REQUIREMENTS FOR "R-3" MULTI-FAMILY DISTRICT AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF; CORRECTING THE OFFICIAL ZONING MAP; '�� PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; �`"" PROVIDING A SEVERABILITY CLAUSE; DETERMINING 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 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, af.fer 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 pedestrains 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 damaoes , 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 all parking areas to � control dust, effect on the promotion of health and the aeneral 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 factots ia 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, i� 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, � �� � s, ; 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, I ,,,�, 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 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 determin ed that there has been a change in the conditions o.f 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 �k� citizens of the City of Grapevine, Texas, and helps � promote the general health, safety and welfare of this �, community; NOW, THEREFORE, � �w i � t' '� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION l. 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 Title ,,,�.,., 10 of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the fol- �, lowing described property, to-wit: TRACT 1 BEGINNING at a point 50 feet South 89 degrees 45 minutes East of an iron. Said iron being 146 varas North and 2.8 varas East of the Southwest corner of the Thomas Mahan Sur- vey, Abstract Number 1050, in the City of Grapevine, Tarrant County, Texas. Same being the Southwest corner of the A. G. Simmons tract as recorded in Volume 2426, Page 33, Deed Re- cords, Tarrant County, Texas; THENCE North 375 feet to a point; THENCE North 0 degrees 45 minutes East 725 feet to a point on a line 50 feet East of the West line of the Thomas Mahan Survey; THENCE North 89 degrees 30 minutes East 255 feet to a point; �� THENCE South 0 degrees 45 minutes west 1030.0 feet to a point, said point being the beginning of a curve; � THENCE along a curve to the right having a radius of 180.0 feet for a distance of 73.0 feet to a point, said point be- ing the end of the curve and on the South line of the John Love Survey; THENCE North 89 degrees 45 minutes West 230.0 feet to the point of Beginning, containing 6.439 acres out of the Thamas Mahan Survey, and 35.872 acre tract of land deeded to John Love, Trustee, by Ralph T. Eidson, Sr. , Trustee as shown in Tarrant County Deed Records, Volume 5161, Page 927; which is presently zoned "R-1" Single Family Residential District under Ordinance No. 70-1.0 is changed to "C-1" Neighborhood Busines� District. TRACT 2 BEGINNING at a point on a line 50 feet East of the West line of the Thomas Mahan Survey, Abstract Number 1050, in �""'"" the City of Grapevine, Tarrant County, Texas, and 50 feet ` East of the West line of the John Love Survey. Said point �" being 50 feet South 89 degrees 45 minutes East and Thence North 375.0 feet and Thence North 0 degrees 45 minutes East 725.0 feet from an iron. Said iron being 146 varas North and 2.8 varas East of the Southwest corner of the Thomas Mahan Survey, Abstract Number 1050. Same being the Southwest corner of the A. G. Simmons tract as recorded in Volume 2426, Page 33, Deed Records, Tarrant County, Texas; THENCE North 0 degrees 45 minutes East 749.36 feet to a point .� 50 feet East of the West line of the Thomas Mahan Survey, said ; point being the Beginning of a curve; � THENCE along a curve to the right having a radius of 1410. 10 feet for a distance of 367.29 feet to a point; THENCE North 15 degrees 16 minutes 12 seconds East for a dis- tance of 27.02 feet to a point in the North line of the Thomas Mahan Survey and the South line of the W. P. Herring Survey, said point being 103.58 feet East of the Northwest corner of the Thomas Mahan Survey and the Southwest corner of the W. P. Herring Survey, Abstract 663; THENCE North 89 degrees 30 minutes East 201.42 feet to a point on the North line of the Thomas Mahan Survey and the South line of the W.P. Herring Survey; THENCE Sauth 0 degrees 45 minutes West 1131.6 feet to a point; THENCE South 89 degrees 30 minutes West 255.0 feet to the point of Beginning, containing 6.486 acres out of the Thomas '�� Mahan Survey, and 35.872 acre tract of land deeded to John Love, Trustee, by Ralph T. Eidson, Sr. , Trustee as shown in Tarrant County Deed Records, Volume 5161, Page 927; which is presently zoned R-1 Single Family Residential District under Ordinance No. 70-10 is changed to "SP" Specific Use Permit District for "R-3" Multi Family zoning according to the restriction given in Exhibit "A" attached here to and made a part hereof. TRACT 3 BEGINNING at a point, said point being 1719.6 feet North 0 degrees 45 minutes East of the South line of the John Love Survey as recorded in the Tarrant County Deed Records, Vol- ume 5161, Page 927. Said line being the North line of High- way 114. Said line also being the South line of the Thomas Mahan Survey, Abstract Number 1050 in the City of Grapevine, Tarrant County, Texas. Said point also being 255.0 feet East of the west line of the Thomas Mahan Survey, Abstract Number 1050 and the West line of the John Love Survey, Vol- ume 5161, Page 927, Tarrant County, Texas. Thence from the `� point of Beginning 515.0 feet North 0 degrees 45 minutes East to a point on the North line of the A. G. Simmons tract as � recorded in Volume 2426, Page 33, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 30 minutes East 378.48 feet along the North line of said A. G. Siznmons property to an iron; THENCE South 515.0 feet to a point. Said point being in the East line of the said John Love Survey; THENCE South 89 degrees 30 minutes West 383.48 feet to the point of Beginning, containing 4.5 acres out of the Thomas Mahan Survey, and 35.872 acre tract of land deeded to John � Love, Trustee, by Ralph T. Eidson, Sr. , Trustee, as shown in Tarrant County Deed Records, Volume 5161, Page 927; �w,rr which is presently zoned "R-1" Single Family Residential District under Ordinance No. 70-10 is changed to "Sp" Specific Use Permit District for "R-3" Multi Family zoning according to the restriction given in Exhibit "A" attached hereto and made a part hereof. �� � � � EXHIBIT "A" Restrictions under which "SP" Specific Use Permit for Multi Family Zoning may be granted on Tract 2 and Tract ��� 3 as heretofore described: � i�. TRACT 2: A. density not to exceed twenty (20) units per acre B. parking spaces per unit to be no less than one and three-quarter (1 3/4) spaces per unit TRACT 3 : A. density not to exceed eighteen (18) units per acre B. parking spaces per unit to be no less than one and three-quarter (1 3/4) spaces per unit �...� � ��""' � 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 reaulations confiained in said City of Grapevine zoning ordinance and all other applicable and �,.,A pertinent ordinances of the City of Grapevine, Texas . SECTION 4. That the zoning regulations and districts as �n herein established have been made in accordance with the comprehensive 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 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 , seweraae, drainage and surface water , parks and other public requirements, �nd 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 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 vaiidity of the zoning of the balance of the tract or tracts of land described hexein. SECTION 7. That any person , firm or corporati-on 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 ot the City of Grapevine, Texas, creates an emergency for the immediate preservation of i 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 � day of !� ,�� , , 1975. �. � �' a � MAYOR ATTEST: CITY SECR A APPROVED AS TO FORM AND LEGALITY: � �+ CITY ATTORNEY � �