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HomeMy WebLinkAboutORD 1972-035, � ORDINANCE NO. 72-35 I AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE , "'� CITY OF GRAPEVINE, TEXAS, GRANTING A ZONING i �"" CHANGE ON TWO TRACTS OF LAND WHICH ARE WITHIN THE CITY OF GRAPEVINE, TEXAS AND MORE � FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM R-3 TO "PD" PLANNED DEVELOPMENT DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVI:DING 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. , � � � VVHEREAS, 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 ordinance of the City of � � �-- Grapevine, Texas, and all the legal requirements, conditions and pre- ' requisites having been complied with, the cases having come before the � � City Council of the City of Grapevine, Texas, after all legal notices, � � requirements, conditions and pre-requisites having been complied with; and, � p 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 sites; 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 gerierated by the proposed use around the site and in the immediate neighborhood, adequacy of parking as determined by requirements of this ordinance for offwstreet parking facilities, location of ingress and egress points for pa.rking and off-street loading spa.ces, and protection of publi� health by surfacing on all parking areas to crn trol dust, effect on the promotion of health and the gener- � al welfare, effect on light and air, the effect on the over-crowding of the , land, the effect on the concentration on population, the effect on the trans� � portation, water, sewerage, schools, parks and other public facilities; and �.. WHEREAS, the City Council of the City of Grap�vine, 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 ( t � �� 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 ipublic demands it, that the public interest clearly requires the amendment, � �, that the zoning change does not unreasonably invade the rights of those who ! bought or improved property with reference to the classification which existed I � � 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 pro- visions 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 condi- � tions of the property surrounding and in close proximity to the property � requested for a change since this property was originally classified and there- fore 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, and helps promot e the general health, safety and welfare of this community; NOW THEREFORE, .� - � ��� , ,�,.., � � ' � BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: � '` SECTION 1. That Ordinance No. 70-10 of the 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 property, desT �,,, cribed in the attached Exhibit "A" which is hereby incorporated herein and which is presently zoned R-3 under Ordinance 70-10 is changed to "PD" Planned Development District. SEC TION 2. The City Manager is hereby directed to correct the official zoning maps 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 r � 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. '"� SECTION 4. That the zoning regulations and districts as �"` herein established have been made in accordance with the comprehensive ' plan for the purpose of promoting health, safety, morals and the general ( I welfare of the community. They have been designed, with respect to both � ; present conditions and the conditions reasonable 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 tand, to avoid undue concentration of population; facilitate the adequate provisions of transportation, 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 consid- � eration, 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 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 or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalities 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 are inadequate to properly safeguard the health, .�a� safety, morals, peace and general welfare of the inhabitants of the City ``�"°' 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, as provided by the Charter of the City, and it is accordingly so ordained. PASSED AND APPRQVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXA5, this the 21st day of November A. D. 19 �2 ; �. � ` . / / , j / � R A TTEST: ity ecretary VED AS TO ORM: Ci y Attorney ! TR�A CT 2 All that certain lot, tract or parcel of land lying and being situation in the County of Tarrant and being more particularly described by metes and bounds as follows, to wit: BEGINNING at an iron in the north line of Highway 114, 50 feet from the center line, said iron being 414 feet r�orth 0 degrees 38 minutes west and 396 feet south 89 degrees 15 minutes west'of the southesst corner of the Thomas Mahan Survey. . THENCE South 89 degrees 15 minutes west 726 feet to an iron, the southeast corner of Lot 7, Blo��k 1, W. C. Lucus Addition to the City of Grapevine, ,� Texas. THENCE along the east line of siad Lot, north 4 degrees 50 minutes west � 220 feet to an iron, the northeast corner of said Lot 7. THENCE along the north line of Lote 7,6, and 5, Block 1, said Lucas Addition, north 57 degrees O5 minutes west 223. 1 feet to an iron in the north line of said Lot`5. THENCE along the east line of Block 2, 3, and 4, said Lucas Addition, north � 1 degree 00 minutes west 898. 3 feet to a Y marked in concrete 0.5 feet north of a corner post. THENCE north 89 degrees east 720.5 feet to a Y marked on a rock column 0.7 feet 89 degrees east 720.5 feet to a Y marked on a rock column 0.7 feet north of corner post. THENCE south 0 degree 47 minutes east 208.5 feet to an iron. THENCE north 89 degrees east 210 feet to an iron. THENCE south 0 degrees 47 minutes east 1037 feet to the Place of Beginning containing 24.256 acres of land, more or less. TRA CT 1 Also, being part of a 3. 46 acre tract conveyed to Jack Keener by Laura � '"� Vilbig as described in Vol. 4365 Pg. 729 DRTCT. V � `"�" Beginning at a point in the West Right of Way of Scribner Street said point being 75 ft. North from the Southeast corner of a 71.270 acre tract conveyed to L. Vilbig by dded recorded in Vol. 1146, Pg. 461 and Vol. 1218 Pg. 255 DRTCT, said point also being the Southeast corner of a tract conveyed to W. Morris by J. Keener as described in Vol. 4447 Pg. 715 DRTCT. Thence: 589�52W-372.2 ft. for corner. Thence: NO-19-30W-133. 60 ft. for corner. Thence: N89-52E-373. 2 ft. for corner. Thence: South 133. 6 ft. to Point of Beginning. (located on the North side of W. Northwest Hwy. between Scribner Street , and Lucas Drive) �* Owner: William K. Reed, Trustee �... $xhibit "A"