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HomeMy WebLinkAboutORD 1982-043 ORDIN�INCE NO. 82-43 AN ORDINANCE ANIENDING ORDINANCE NO. 70-10, THE COMPREf�ISIVE ZONING ORDINANCE OF 'I'HE CITY OF GRAPEVINE, TEX�1S, SANlE BEING ALSO KNOWN AS APPIIVDIX "A" OF 'I'HE CITY CODE OF GRAPEVINE, TEXA.S, GRANr�ING A ZONING C�iANGE ON A TRAGT OF LAND DESCRIBID AS BEING A I,(YI', TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TARR�NT COLJNZ'Y, TFXAS, BEING A PART OF 'I'f3E A. F. LEONARD SURVEY, ABSTRACT PdO. 946, IN TFIE CITY OF GRAF'EVINE, TE�S, MORE FULLY AI�ID COMPI�'I�LY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A (�-IANGE IN THE USE OF SAID PROPEI�T'Y FROM "C-2" CONIl�'ICJNITY BUSINESS DISTRICT ZONING CATE�C-,ORY TO "SP" SPECIFIC USE PERMIT DISTRICT FOR THE OPERATIOPI OF A TRUCK REPAIR GARAGE IN ACCORDANCE WITH A SITE PLAN, PROVIDING CE1�rAIN CONDITIONS, AND FURTHII2 PROVIDING FOR ALL Ori'HEft USES AS PERMITl� IN 'PHE "C-2" COMM[)NITY BUSINESS DISTRICI' ZONING CA'I'EX'�ORY; CORR�CTING Tf� OFFICIAL ZONING MAP; PRESERVING ALL OTf�'R . PORTIONS OF THE ZONING ORDINANGE; PROVIDING A CLAUSE REL�ATING TO SEVERABILITY; DEI'ERMZNING THAT Tf� PUBLIC INZ�32ESTS, NlORAI,�S AND GENERAL WEI�'ARE DEMAND A ZONING Cf-�ANGE AI�ID AA�NDMENT THEREIN b7ADE; PROVIDING A PE[�ALTY; AND DE�ARING AN II�RGINCY hIf�REAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Corimission of the City of Grapevine, Te�as, as required by State statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requirements, 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 requirements, conditions and prerequisites 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 follawing 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.�nediately 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 statior�azy lights and effect of such lights on established character of the neighbarhood, 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 e.x�cted to be generated by the proposed use around the site and iri the ium�diate neighborhood, adequacy of parking as determined by requirements of this ordinance for off-street parking facilities, location of ingress anci 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 promotion of health and the general welfare, effect on light and " air, the effect on the overcrawding of the land, the effect on the concentrati.on of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WF�REA.S, 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 fram same, the effect on the pr�tion of health and the general welfare, effect on adequate light and air, the effect on the overcravding of the land, the effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Wf-IERF'�S, 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 mpst appropriate use of land throughout this city; and, ��REAS, 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 amenchnent, 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 investsnent was made; and, W�IEREAS, 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; pr�notes health and the general welfare; provides adequate light and air; prevents the overcrawding of land; � avoids undue concentration of population; faci�itates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, 4�I�REAS, the City Council of the City of Grapevine, Texas, has determ.ined that there is a necessity and need for this change in zoning and has also found and cxetezmined 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 o� the City of Grapevine, Texas, and helps promote the general health, safety, and welfare of this conarnznity. NOW, '.I'f�'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF � CITY OF GRAPE'�1INE� TFXAS: 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 l�awn as Appendix "A" of the City Code of Grapevine, Texas, be, and the same is here by amexided and changed in that the use of the following described property, to-wit: � Being a tract of land out of the A. F. Leonard Survey, Abstract No. 946, in Tarrant County, Texas, descri.bed by metes and bounds as follaws: BDGINNING 50 feet west of a pipe in the south line of Highways 114 and 121, 1966.4 feet east and 319.3 feet north of the southwest corner of said A. F. Leonard Survey, said point of beginni.ng being the northwest corner of a tract deeded to Leroy Strawn by deed. recorded in Vol. 1955, Page 439, Deed Records, Tarrant County, Texas; �TCE� West with the south line of said highways 100 feet to the northeast c:orner of a tract deeded to Jerome Cole by deed recorded in Vol. 2067, Page 307, Deed Records, Tarrant County, Texas; Tf�vCE; South with Cole's east line 103.6 feet to his southeast corner; TE�10E� east 100 feet to the southwest corner of said Strawn tract; TI�TCE; north with Strawn's west line 103 feet to the place of beginning; 'I'OGE'I�.�R WITH a tract of land in the A. F. Leonard Survey, Abstract No. 946, in Grapevine, Tarrant County, Texas, described as follows: BDGINNING at an iron 50 feet west of a pipe in the south line of Highway 114 and 12� pipe being 1966.4 feet east and 319.3 feet north of the southwest corner of the A. F. I,eonard Survey, Abstract No. 946, being the northwest corner of a tract of land deeded to Leroy Strawn as recorded in Vol. 1955, Page 439, 'I'arrant County, Deed Records; Tf�TCE, east 5/10 of a foot to a point; Th'ENCE south 103 feet to a point; TI�TCE south 89 degrees 39 minutes west 5/10 of a foot to an iron; T��ICE north 103 feet to the place of beginning. The above property being lmavn as 306 East Northwest Highway, Grapevine, Texas, which, in accordance with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "C-2" Co�iunity Business District, is hereby changed to "SP" Specific Use Permit District for the operation of a truck repair garage, in accordance with a site plan, providing that no wrecked or inoperable vehicles shall be parked or stored on the property, and further providi.ng for all other uses as perm.itted in the "C-2" Comrnuzity Business District Zoning Category, all in accordance with said site plan. 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 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 zoni.ng regulations and districts as herei.n established have been made in accordance with the comprehensive plan for the purpose of promoting health, safety, m�rals and the general welfare of the corrurnznity. They have been designed with respect t�o both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety frcgn fixe, 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 ather public requiremazts, and to make adequate provisions for the normal business, commercial needs and development of the commuriity. They have been made w�ith 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 mpst appropriate use of land throughout the conmunity. Section 5. This ordinance shall be c�unulative 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 ordiriances 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 partion of the tract or tracts of land described herein shall be declared to be invalidr 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 ternis and provisions of this ordinance shall be subject to the same penalties as provided for in Ordinance No. 70-10, Zoning Orclinance of the City of Grapevine, Texas. Section 8. The fact that the present zoning ordinance and regulations of - the City of� Grapevine, Texas are i.nadequate to properly safeguard the health, safety, mor•als, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the �riediate preservation of the public business, property, health, safety and general �lfare of the public which requi.res that this ordinance shall become effective fram and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on this the� 20th day of July, 1982. 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