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Home My WebLink AboutORD 1972-039 � ORDINANCE NO. 72-39 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, A ZONING ORDINANCE OR THE CITY OF GRAPEVINE, TEXAS, GR.ANTING A ZONING CHANGE ON A TRACT � r OF LAND IN THE EST��iER MOORE SURETEY, ABSTRACT � 1029 IN THE CITY OF GRAPEVINE, TEXAS, AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM Ti.-1 TO A SPECIFIC USE PERMIT F'OR A CONCRETE BATCH PI.ANT; CORRECTING THE OFFICIAL ZONING MAP; PLACING A ONE (1) YEAR LIMIT ON SAID PERMIT; PROVIDING WAIVER OF FEE FOR PUBLIC HEARING; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS �iND GENEFZAL WELFARE DEM.AND A ZONING CHANGE �:.� AND AMENDMENT HEREIN MADE; AND PROVIDING R �'°" PENALTY; AND DECLARING AN EMERGENCY. �""°"' ; � � WHEREAS, applications were made to arnend the O�ficial Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning and Zoning Commission o� the City of Grapevine, Texas, as required by state statutes and t�e zoning orcjiranc.�. af the Ciry of Grapevine, Texas, and all the legal requirements, conditians 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, req�,iren�ents, conditions and . pre=requiaites having been comp2ied witti; anci, VVHEREAS, the Citv Council of ttie Cityo uf Grapevine, Texas, at a public hearing called by the Ciry Council did consic.ier the following factors in r�aking a determination as to whether these requestE�d changes should be granted or cienied; safety of the motoring public and the pedestrians using the fac,ilities in the area immediately surrounding the sites; safety from fire � hazarc�s an� measures for fire control, protection of adjacent property from floo�3 or water damages, noise praiucing elements an�� glare of the vehicular , and stationary lights and effect of such lights �n established character of the neighborhood, location, lighting and types af signs an�i relar.ion of signs to E , � , traffi� control and adjacent property, street size and adequacy of width for �. traffic rea sonably expected to be generated by the proposed use around the ; site and in the immediate neighborhood, adequacy of parking as determinec� _ by requirements of this ordinance for off-street parking facilities, location of ingress and egress points for parking and off-street �oading spaces, and protection of publie health by surfacing on all parking areas to control dust, effect on the promotion of health and the general w�lfare, effect on light and air, the effect on the over-crowing of the land, the effect on the concentration of papulation, the effect on the transportation, water, sewerage, schools, pa.rks 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 requesteti 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 af safety from sarne, the effect �n the �xux��otion of health and the general weifare, effect on ac�equate ligt�t and air, tt:� effect on the over�rowing af the land, the effect on the coz�centratian on pc��t.ilatac�n, tt�e effect c�n the transportation, wat�r, sewerage, schools, parks ar3c� ot:f�er public facilities; and WHEREAS, the �ity �ou�icil furtl�er consi�crec� among other things ' the ck�aracter af the disrrict anc� its peculiar suitabiliry for particular �ses anc� ` w�th the view cc� cc�nserve th� value �of i�uilc.iin�;s} er�ec�ur��;e tfi�e most appropriate use af la�nd throughaut this czty; and WHEREAS, che �ity Council of the City of Grapevine, Texas, c�aes find th�t ther� is a public necessity fc�r th� rvnin�; c3iange, that the public dem�n�s it, that the public interest c�ea2,lv reql�ir�:s tf-�ca amendment, t}�at the � zoning changes do not unreasonably invade the ri�;hts of those who bought or Rr irnproved property with reference to the classification which existed at the time ` � { t:heir original znve�tment was made; anc,� ; WHEREAS, the City Gouncil of the �ity �f �rapevine, 'Texas : � ; dc�es fincl Chat the change in zoning Iessens the con�;�stic�n in t�ie streets, helps + secur� safety from fire, panic and other dangers; promotes heaith and the � � genexal welfare; provides adequate l��ht and air; prevents the over-crowding . af Iand; avoids undue concentration af populatioa�; facilita�es the adequate provisions `, >,�n � caf transpc�rtation, water, sewerage, schools, park� and oth�r public requirernents; w� and �y°` WHEREAS, the City Council of the City of Grapevine, Texas, � has determined that there is a necessity and need for this ehange in zonir�g and has also faund and dete�rmined that there has b�en a change in the conditions of the property surrounding and in c�ose praa�cimity ta the praperty requested for a • � change since this praperty was originally classifiec� and therefore feels that a change I ` �� in zo�ing cla ssification for the particular piece of property is needed, is called for, x.E� . �,� �' , and is in the best interest of the public at large, the cicizens of the City of Grapevine, �. . * }_ , ��" �ttd he�lps �rt�mot� �he generai health, safety and welfare of this community; �a �: :�^�, , .: �+C?W, TH��EFOR�, ��,P =� x� �: �,��, . x� � � � . `�' r;� BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVZNE� TEXAS; SECTZON 1. That 4rdinan�e No. 1U�14, z Zoning Ordinance of the City af Grapevine, Texas passed on April �, 197Q, be, and the same is amendecl an:d changed iri that the use af the fallowing � described property to-wi�: �' Field no�es �or a tract of land in the Esther Maore Sua�~vey, Abstract 1029, Grapeva.ne, Tarrant County, Texas. Beginning at the Southwest corner af a tract o£ lar►d deeded ta Billy G. Underwood as recarded in Volume 5280, Page 948� Tarrant County Deed Records; Thence, South 89° West 154 feet to an iran; Thence, North QQ 23 minutes East 2Q0 feet to an iran; Thence, North 89° 20 minutes East 154 feet ta an iron; Thence, South 0� 23 minutes West 200 fee� to the place of beginning and containing 0.74; acres� whi.ch is presently zoned L-1 undear Ordinance 70-10 i� changed to a Specific Use Permit for a concrete batch plant, and subject ta the requirements and conda.tions set aut a.n Section 1-A hereof. �'" SECTION 1-A. That a Specific Use Permit for a concrete Batch Plant under Urdinance 7U-10 of the City c�f Grapevine an the property described in Sectian 1 is hereby approved and granted upan the follawing described conditions: (a.� �aid Specific Use Permit shall terminate after a perit�d af one year from the date of final passage oP this ordinance. (b) Said Specific U�e Permit may be extended or renewed far additonal time upc�n favorable action by the Planning & Zoning Cammissian and City Council, after a public hearing, held according ta the Zona.ng Ordinance 70-10. The regular applica- tian fee for Public Heara.ng wi.22 not be appl.ical�le ta sai.d request far �ime extension. (c) All developrnent within the area rezoned by this ordinance shall be in confarmance with a Si.te Plari whi.ch has besn appraved by the City Council and attache�i heae to and made a part hereof. � The a2aove requizements shall not be canstrued as conditions � precedent ta the granting of a zoning change, but shall be cons�rued as canditions precedent to the granting o� builda.ng permits and�or certificates af occupancy. SECTION 2, The City h�ianagcr is hereby directed to carrect the official zonit�g maps of the �zcy of Grapevine, `��exas, to reflect the herein change in zoning, . SECTION 3. Tha t in a ll other re sp�:�.t� the u se of the tract or traet� of �arid herezn above describeci sha11 be s�jEct tc� all the applieable re�ulations''c�►ntaineci 'zn said City of Grapevin� �c�t�ing or�3inance and all other � ,_ - appiicable and`pertinent ore3inances of the Cicy af C;rapevine, � . SECTIUN �. That the zonin�; r�gulations and districts as herein +. - , established ha"ve been made in accordance witli tt�e cQmprehensive plan far the �,, �� puz�pose crf p'romoting health, safety, morals ancl tlt� �;�neral welfare of the , ` �ommunity. . '�'hey have been ciesigne�, with r�spect t a both present conditions r.�p ,� � : �.. � . > � 'and rhe .c�rzic�it�ons ;reasonably anticipated to exist in ttxe foreseeable future, to le�sen � .� . � �,h conge�stiati ;in thE, stre�ts; to se�ure saf�ty fr�nl fire, panic, flaad and other , . C Y dang�;�s; prc►vide adequate light and air, to prever�t ovcr�.:rowding of land, to I � . � .. �tvoid uridue cc��entr�ti.on of populacion; facilitat� r.t�e adequate provisions af ; � , tran�portation, watez, sewerage, drainage and �urcac� water, parks anc� �� s . �� ,, . �� ; g�Y, �w �t�ex piubiic reqitiretnents, and to make adequate prvvisions for the norrnal ,� , _ � � `� �us��ss*, .�cimme�cciai needs and development of the community. They have ''�: r` - . - � -- * � � �� e�t�''made with reasonable consideratian, among c�ther things of the character � � � .,� � � ., . .: � ; � " c�f tMe �istricC� .and its eeuliar suitabi�it for che art�cul�r uses and with a � f P Y P .��# ` �.. , . ,��A`� � q � �' , � � _ , �� - vi�V�-cf �c�n�$.�virig the value of buildings and encotx aging the mast appropriate � �x� �Y � a� �° � �� _� . �� . �� ,�� i�� cf,�n��th�rougl�o�t,t�e community. . � , � _ : ,��,�, ��„� �` �` �:F� ,ASe�tion 5. This ordinance shall be cumulative of al1 other � ,; _ � ��,� � �>� �f � ��. � � � �� ;��,ar� , ord�na��,�a��the �ity of Gxapevine affecting zoning and shall not repeal any „.' , �. � � ,,, � w. ,�_ � � � � �. `r � , 4 ,� � ' ,. -4 : �fg.t�e��rv��t��.of said �ordinances exc�pt in'those instanGes.where provisians of � . �� ..a .� ,„ .x v � �f�os� r�rs3i��:�.w��ch are in direct conflict with the provisions of this ardinance,. � ��. �� ,4 ��, � � � � � � � N; � � � ��4 `�ect�vn 6. '�'hat the Cerms and pravisions of this ordinance shali , ;�; ' �� : �;��„ , � ,* �;, ��„�a,:� .�:; �� a., �r'.�� , ry - � � a ' � � � ' t 4�;��erable and that if' the vaiidit. of th� zonin affectin an .�,��°: �e ��. �� , �. 3' � � y -� � � ',� ,' ,� . y � i � � ;�' �`� �� ;� �,,�s �r. . 'x •. ��.� y �?r��'� . +��'�t�tdC�x �r�c�s�o� 1an��d��crib�d herein shall be declared �o be � t�5 �� .� � �' �� :i � � ,s } .'' .. � . <.�� i,� . , . . . ' � ��a�i �vt.af�t t��vali�di�� o��the zoning of the balance��of the� �`; �� ,t�� # r� � � ;;� "- '� � � ��:��:��,��-�� .*•� �.t � ,, tr��,�� .�� n�3��ribed here�,�., � .r�,� r -, '� �="'k ,.AI,,."� d P�! ' .. i�� r; . . . . } a t ea= ' . . � � . - .�Yi '�¢'S-�n 3 q��4 �:§,x�.. 'S. ,�s �..,.' _ , . . . . bR°'. k'.�� .*i. . . . . � � . : . � � . i ' � t�'� Y � ,.v k �, 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 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, 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 tha�. 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 APPROVED BY THE CITY CAUNCIL OF THE CITY OF GRAPEVINE, �,,, TEXAS, on FINAL READING, this the 19th day of December A.D. 19 72 . �,� -.�--•"� `�'��j a'� L M A Y O R �TTEST: i City Secretary PROVED AS TO FORM: City Attorney � � t �