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HomeMy WebLinkAboutORD 1982-039 ORDIl�NCE NO. 82-39 AN ORDIN�NCE AP�]DING ORDINANCE NO. 70-10, THE COMPREEIENSIVE ZONING ORDIlJANCE OF THE CITY OF GRAPEVINE, TF.�{1�.5, SANIE BEING AL.SO IQVOWN AS APPII�TDIX "A" OF THE CITY CODE OF GRAPEVINE, TF�1S, GR�PrING A ZONING CEIANC'�E ON A TRACT OF LA1�ID DF,$(',�TRF:f) � BEING A . - I�OT, TRACT, OR PARCEL OF I�ND LYING AND BEING SITUATID IN TARR�IVT COUNTY, TEX�S, BEING A PART OF THE THOMAS MAHAN SURVEY, ABSTRACT NO. 1050, IN TI� CITY OF GRAPEVINE, TEX�1S, MORE F2TI�LY AI�ID CONIPI.EI'ELY DESCRIBID IlV Tf� BODY OF THIS ORDINANCE; ORDERING A C�-1ArTGE IN Tf� USE OF SAID PROPFRTY FROM "R-1" SINGLE-FAMILY DV�lELLING DIS'I`�tICT TO "SP" SPECIFIC USE PERMIT DISTRICT FOR THE RErAIL SAI�E OF SPAS, POOIS, AND REIAZ`ID ACCESSORY ITEMS, PROVIDING FOR TI� Otfl'SIDE STORAGE AND DISPLAY OF MERQiAl�IDISE RELATIVE TO THE RE,TAIL SAI�E OF SPAS, POOIS, AND RII�ITED ACCESSORY ITEMS IN ACCORDANCE WITH CERTAIN CONDITIONS AND IN ACCORDANCE WITH A SITE PLAN, AND FURTHII2 PROVIDING FOR AIS, OTf�R USES AS ALI�VED IN Tf� "C-2" CON�1LlNITY BUSINESS DISTRICT ZONING CATF7C',ORY; CORRDCTING TI� OFFICIAL ZONING NJAP; PRESERVING ALL OTHER PORTIONS OF 'PHE ZONING ORDINANCE; PROVIDING A C��AUSE RELI3TING TO SEVII�P,BILITY; DETERMIl�TING Z�iAT TFIE PUBLIC INT`ERESTS, MORALS AND GII�TERAL� WII�F'ARE � DF�'IAND A ZONING CHANGE Al�ID ANIQ�IDN�N'r 'PfiF.RFIN MADE; PRO�TIDING A PF�IALTY; AND DECLARING AN II�'�tGE�1CY FIf�REAS, applications were made to amend the Official Zoning�r9ap, City of Grapevine, Texas, by making applications for same with the Planning & 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 requixements, conditions and prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requixements, conditions and prerequisites having been co�lied � with; and, � W�EAS, 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 changed should be granted or denied; safety of the mr�toring public and the pedestrians using the facilities in the area i��diately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water ckamages, 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 tsaffic 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 i�nediate 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 locating spaces, and protection of public health by surfacing on all parking areas to control dust, effect on the pro�tion of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, W'HEREAS, 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 follawing 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 pro�tion of health and the general welfare, effect on adequate light and air, the effect on the overcrowrling of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, ��, 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, Wf�RFAS, 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 amenc�nent, that the zoning changes do not unreasonably invade the rights of those who bought or i�roved property with reference to the classification which existed at the time their original investrnent was made; and, WF�RF;AS, the City Council of the City of Grapevine, Te�s, does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; pra�tes health and the general welfare; provides adequate light and air; prevents the overcrc�ading of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf-IEFFtEFAS, the City Council of the City of Grapevine, Texas, has deternlined that there is a necessity and need for this change in zoning and has also found and deternlined 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 pranote the general health, safety, and welfare of this c�arnznity. NOW, THII�F'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF GF�PEVINE� TEXA.S: 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 lazawn as Append� "A" of the City Code of Grapevine, Texas, be, and the same is here by amended and changed in that the use of the follawing descrilxxd , property, to�wit: BEING a part of the Thomas Mahan Survey, Abstract No. 1050 situated in Grapevine in Tarrant County, Texas; and embracing a portion of the 2-016/1000 acres tract described in the deed to Mary Louise Hurst recorded in VolLune 6905, Page 95 of the Tarrant County Deed Records. BEGINNING at the southwest corner of said 2-016/1000 acres tract being south 89 degrees-31 minutes west, 1094-68/100 feet from the southwest corner of said Mahan Suzvey; Thence north 4 degrees-no minutes west, along the west line of said 2-016/1000 acres tract, at 42-9/10 feet pass a 7/8" iron rod in the north line of Wall Street, in all, 309-5/10 feet to a 1 1/4" iron rod for the northwest corner of said 2-016/1000 acres tract in the south line of right of way of Highway No. 114; Thence north 89 degrees-15 minutes east, along the north line of said 2-016/1000 acres tract and said south line of right of way of Highway No. 114, distance of 92 feet to a 7/8" iron rod; Thence south no degrees-45 minutes east, at 268-72/100 feet pass a 7/8" iron rod in the said north line of Wall Street, in all, 309-35/100 feet to the south line of said Mahan Survey and south line of said 2-016/1000 acres tract; Thence south 89 degrees-31 minutes west, along the said south line of Mahan Suxvey and 2-016/1000 acres tract, 74-45/100 feet to the place of beginning and containir.g 25,730 square feet, of which 3,156 square feet lie within said Wall Street, leaving 22,574 square feet �clusive of said Wall Street; which, in accordance with Co�rehensive Zoning Ordinance No. 70-10, was previously zoned "R-1" Single-Family Dwelling District is hereby changed to "SP" Specific Use Permit District for the retail sale of spa.s, pools, and related accessory items, providing for the outside storage and display of merchandise relative to the retail sale of spas, pools, and related accessory items in accordance with the follawi.ng provisions: (1) the display area beginning on the north property line and extending southward to the north side _ - of the existing structure shall be limited to three installed display units (2) outside storage is prohibited south of a line two hundred (200) feet from the north property line; all in accordance with a site plan, and further providi.ng for all other uses as perm.itted in the "C-2" Conmunity Business District Zoning Category. Section 2. The City Manager is hereby disected 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 regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been made in accordance with the com�rehensive plan for the purpose of promoting health, safety, irorals and the general welfare of the comrn�nity. 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 fran fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrawding of land, 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 nornial business, commercial needs and develo�nt of the co�arnznity. They ha.ve 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 conservi.ng the value of buildings and encouraging the most appropriate use of land throughout the connnunity. ' Section 5. This ordinance shall be c�ur�ulative 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, fi�n or corporation violating any of the tezms and provisions of this ordinance shall be subject to the same penalties as 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, mprals, peace, and general welfare of the inhabitants of the City of Grapev.ine, Texas, creates an emergency for the inanediate 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 is accordingly so ordained. PASSID AND APPROVED by the City Council of the City of Grapevine, Texas on this the 15th day of June, 1982. APPROVID: � Mayor A'ITE.ST: City Sec eta APPROVID AS TO FORM AND LF,GALITY: City Attorney � EXHIBIT "A" TO • • ESTABLISHED 1880 ORDINANCE 82-39 � a�ner W. GILLEY BROOKES SAKER SURVEYORS ertooKcaBAKERt�ao:-�aae� A PROFE4310NAL CnRPORATION JOHN F. BAKER, CONBULTANT FRED M. MOFR�f LAND BOUNDARY AND TOPOGRAPHIC SURVEYING 9.J. eAKER, CONiUITANT �ROOKES BAKER BUILDING - 3I1 E. BLUfF STREET , DON W. MICKEY 8 17-335-7 1 S t FORT WORTH, TEXAS 78f02 H I G H W A Y—N o-1 I 4------ � N 89-15 E _ ` 90 ��%b� 9 2 4 ����Or DISPLAY LtMITED TO '�� ,� �8 T��c'L`� �r� 'S P'0� 3 INSTALLED UNITS � � re° .Po��, . P ��-- ; . � � �� o , � ; � ` _ s . 0 .►� � OUTSIDE STORAGE � � q Q AREA � 3 � �� � M �. / O �I - - O O , � � M N �'�4�� '� z ��y ���s � o� �G �"�se g5 2 �° po9e : � , � Ma�e �905 � - . - :- ' o . . _ � , �o��,r� a � , N r0� � o � � ' C� ��� � / � � � a � a , a � OUTS �S� ORAGE P�ROHI ITED I n , _ ,, ��(�h� s1. , ',�. �I�� i`,jo'1 ' to�`�,� \ \ n k 1 , �I�o����S �, .��o � `S � 011 � �C (�', i Cd9e �7s�4--�+J � 'p WEST � �o�p�WAL L � STREET '�ti'�� 7445 - - - S 89 -31 W Sketch showing proposed land use for part of the THOMAS NIAHAN SURVEY, Abstract No. 1050 situated in Grapevine in Tarrant County� Texas. We marked or referenced the corners as shown hereon. Prepared May 28� 1982 from previous survey. E.. t � BROOKES BAKER SURVEYORS .Ir'�oF F.����, �$' � ''•:�� c.QV�R� 1�Aw��• I.......... ....:...� C•�� �� � C. 11�11ARD DAYtS, JR. �..� ......... ..�..., •. 3670 � .. � �4�i�9:,C�STEQ',��y�� ���:S:�/ �