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HomeMy WebLinkAboutORD 1973-019 ' ORDINANCE NO. 73-19 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, A ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF L,AND IN THE T. MAHAN '� SURVEY, ABSTRACT NO. 1050, AND MORE FULLY DESCI�IBED �+ HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1+� TO "SP" SPECIFIC USE PERMIT DISTRICT FOR COMMERCIAL AND BUSINESS ENTERPRISES; 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 R ZONING CHANGE AND AMEND— MENT HEREIN MADE; AND PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. „e,.„ �.� � .� � 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, requize- 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 �he 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 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 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 ir� 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 o�her 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, � � � . y_�.�.� 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 pzopezty 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 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 zoni.ng 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, _ �,.�� BE IT ORDAINED HY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: SECTION 1 . That Ordinance No. 70-10, a Zoning Ordinance of the City of Grapevine, Texas , passed on April 7, 1970, be, and the same is amended and changed in that the use of the following described property, to-wit: �, r � A 1 .31 acre tract of land out of the T. Mahan Survey�, Abstract No. 1050, Tarrant County, Texas, and being further described by metes and bounds as follows: BEGINNING at a point in the South line of said T. Mahan Survey, 950 varas West of the Southeast corner of said survey at the North- east corner of a 3 acre tract sold by the Farmers National Bank to Mrs. Maggie Morgan ; being the same tract as described in Volume 2248, Page 522, Deed Records, Tarrant County, Texas; THENCE West, with fence line 191 .40 feet to a fence post for corner; THENCE North, with fence line, 300.0 feet to a steel rod in South R.O.W. line of State Hwy. #114, for corner; THENCE East, along said R.O.W. line of State Hw�. #114, 191 .40 feet to a fence post for �F� corne r; THENCE South, with fence line, 300.0 feet to � the PLACE OF BEGINNING, a set stone at base of � 30" post oak. (Located at 1417 West Northwest Hwy. ) Owner: Dr. C.D. Pittard which is presently zoned �'R-1" under Ordinance No. 70-10 is changed to "SP" Specific Use Permit for Commercial and Business Enterprises. �* ; i � i i SECTIUN 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 aoning. SEC2ION 3. That in aIi other respects the use of the tract or tracts of land }�erein above described shall be subject to all the applicable regulatians contained a.n sa.id City c�f , Grapeva.ne zoning ordinance and all other applicable and ' pertinent azdinances of the City of Gxapevine, Texas. SECTION 4. That t�e zoning regulatioris and districts as herein established have been made in accordance with the comprehensive plant for the purpose af pramating health, safety, morals and the general welfare of the communa.ty. They have been designed, with respect ta both present conditions and the conditions reasonably anticipated to exist in the fareseeable future, ta lessen cangestion in the streets; to secure safety .from fire, panic, flood and other dangers; provide adequa�e light and air; to prevent over-crowda,ng of land, to avoid undue concentration of papulation; facilitate the adequate pxovisions of trans- portation , wa�er, sewexage, drainage and sur£ace water, parics and othez pu3alic requirements, and ta make adequate provisions for the normal busa.ness, commercial needs and deveiapment of the cammunity. They have been made with reasonable considezation , among other tha.ngs af the character of the distzict, and its peculia.r suitability for the parti�ular uses and with a view af consearving the value of buildings and encouraging the most apprapriate use of land throughout the community. SEGTION 5. This ardinance shail be cumulative of all vther ordinances of the City of Grapevine, Texas, affecting zoning and shail not repeal any of the pravisions of said ' ardinances except i.n those instances whexe provisions of those ordir�ances which are in direct confiict with t�ae provisions of this ordinance. SECTION 6. That tk�e term� and pravisions of this ordinance shall be deemed to be seve�able and that if the validity of the zaninc� af.�ecting any portion of the ' tract ar tracts of land descr.ibed herein sha11 be declared to be invalid, the sarne 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 an,y of the terms and p�ovisions a�E ttais ardiz�ance shall be � subject to the same penal�ies provided for in Ordinance i No. ?0-10, Zoning Ordinance ot the City of C�rapevine, Texas. ': i SECTIDN 8. Tl�e fact that the present zaning ardinance � 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 Grapeuine, Texas, creates an eme�gen�y for the immediate preservation of the public busi.ness, property, health, safety and genera2 welfare af the public which requires that this o�rdinance shall became effective frozn and after the date of its final passage, as pravided by the Charter of the City of Grapevine, Texas, and it accordi.ngiy so ordained, PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TE,XAS, ON SECOND AND FINAL READING, this the 15th day of May , 1973. �� ir� ._.�. � . ��.. MAYOR ATTEST: , �.- . .. ;.�.,.._...._� ; y _ � ��;--� ._t� �� 1 `�� - - ,•,.. `e..._.f --��,. CITY SECRETARY \, APPROVED AS TO FORM AND LEGALITY: �� � r CITY ATTiORNEY �" �