HomeMy WebLinkAboutORD 1981-030 Y
ORDINANCE NO. 81-30
AN ORDINANCE AMENDING ORDINANCE NO. 70-10 ,
THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS , SAME BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
THE CITY OF GRAPEVINE, TEXAS GRANTING A
ZONING CHANGE ON A TRACT OF LAND DESCRIBED
' AS BEING A LOT, TRACT, OR PARCEL OF LAND
, LYING AND BEING SITUATED IN TARRANT COUNTY,
' TEXAS, BEING A PART OF THE THOMAS EASTER
SURVEY, ABSTRACT NO. 474 AND THE A. FOSTER
SURVEY, ABSTRACT N0. 518, IN THE CITY OF
GRAPEVINE, TEXAS, MORE FULLY AND COMPLETELY
DESCRIBED IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID PROPERTY
FROM "C-2" COMMUNITY BUSINESS DISTRICT ZONING
CATEGORY TO "SP" SPECIFIC USE PERMIT ZONING
FOR THE CONSTRUCTION AND OPERATION OF A ROLLER
SKATING ARENA AND RELATED ACCESSORY USES ,
EXCLUDING THE USE OF COIN OPERATED MACHINES,
ALL IN ACCORDANCE WITH A REVISED SITE PLAN
ADDRESSING DRAINAGE WITH SAID REVISED SITE
PLAN REQUIRING APPROVAL OF THE CITY ENGINEER,
AND FURTHER PROVIDING FOR COMPLIANCE WITH ALL
CONSTRUCTION REQUIREMENTS IN THE "C-2" COMMUNITY
BUSINESS DISTRICT CATEGORY EXCEPT AS OTHERWISE
PROVIDED HEREIPJ; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVER-
ABILITY; DETERMINING THAT THE PUBLIC INTERESTS ,
MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE
AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY;
AND DECLARING AN EMERGENCY
WHEREAS , applications were made to amend the Official
Zonina Map, 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 requirements , conditions and pre-requisites having
been complied with, the case having come before the City Coun-
cil of the City of Grapevine, Texas , after all legal notices
requirements, conditions and pre-requisites having been com-
plied with; and,
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 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 adja-
cent 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 park-
ing 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
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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 concentration of population, the effect
on the transportion, water, sewerage , schools, parks and other
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 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 pub-
lic facilities; and,
WHEREAS, the City Council further considered among other
things the character of the district and its peculiar suit-
ability 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 public demands it, that the public interest
clearly requires the amendment, 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 investment was made; and,
WHEREAS, the City Council of the City of Grapevine ,
Texas , does find that the change in zoning lessens the conges-
tion in the streets, helps secure safety from fire, par.ic and
other dangers; promotes health and the general welfare; pro-
vides 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 zoning and has also found and deter-
mined 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 BY THE CITY COUNCIL
OF THE CITY OF GRAPEVINE, TEXAS :
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 known as Appendix "A"
of the City Code of Grapevine, Texas, be, and the same is
hereby amended and changed in that the use of the following
described property, to-wit:
LEGAL DESCRIPTION
Situated in Tarrant County, Texas , and being a tract
of land in the THOMAS EASTER SURVEY, Abstract No. 474 ,
and the A. FOSTER SURVEY, Abstract No. 518 , and being
more particularly described as follows :
BEGINNING at a concrete monument in the Northeasterly
R.O.W. line of State Highway 114 , said point being
the most Northerly corner of a tract of land conveyed
to the State of Texas , by deed recorded in Volume 3535, �
Page 660, of the Deed Records of Tarrant County, Texas;
THENCE North with a fence line, 473 . 38 feet to an iron
pipe in place at a fence corner in the North line of said
Easter Survey;
THENCE North 89 degrees, 25 minutes, East with a fence
in said North line of said Easter Survey, and the North
line of said Foster Survey, 166 . 37 feet to an iron rod
set for corner;
THENCE South 1 degree, 03 minutes, 45 seconds East 584 . 32
feet to an iron rod set for corner in the Northerly line
of Wall Street;
THENCE North 69 degrees, 30 minutes , 15 seconds West with
said Northerly line of Wall Street, 147 .23 feet to a con-
crete monument in place at the intersection of said Northerly
line of Wall Street with said Northeasterly line of State
Highway 114;
THENCE North 34 degrees, 17 minutes , 30 seconds West with
said Northeasterly line of S .H. 114 , 69 . 7 feet to the PLACE
OF BEGINNING, and containing 2 . 147 acres , more or less;
Save & Except that portion conveyed to the State of Texas,
Volume 6717 , Page 2333 as follows :
Being 0. 214 of an acre of land, more or less , situated in the
County of Tarrant, State of Texas , and being out of the Thomas
Easter Survey, Abstract No. 474 , and the Ambrose-Foster Survey,
Abstract No. 518 , and being a part of a tract of land conveyed
by Edith Richardson Tillery to Alva G. Herndon by Quitclaim deed
dated July 2, 1977 and recorded in Volume 6268 , Page 852 of the
Deed Records of Tarrant County, Texas, which 0. 214 of an acre of
land, more or less, is more particularly described as follows :
BEGINNING at the intersection of the present northeasterly right-
of-way line of State Highway 114 , and the present North line of
Keller-Grapevine Road (County Road No. 3012) ;
(1) THENCE North 33° 32 ' West with the present northeasterly
right of way line of State Highway 114 , a distance of
69 . 65 feet to a point in the present West line of the
Alva G. Herndon tract;
(2) THENCE North 00° 52 ' East with the West line of said
Herndon' s tract, a distance of 86. 21 feet to a point
in the proposed northeasterly right of way line of State
Highway 114 , said point also being South 00° 52 ' West,
a distance of 386 . 98 feet from the present northwest
corner of said Herndon ' s tract, said point also being
223 . 11 feet northeasterly of and right angles to center-
line survey station 334+14 . 40;
(3) THENCE in a southeasterly direction with said proposed
northeasterly right of way line of State Highway 114 along
the arc of a circular curve to the right, having a radius
of 974. 93 feet and through a central angle of 03° 33 ' 49"
a distance of 60 . 64 feet to a point of tangency;
THENCE with the proposed northeasterly right of way
line of State Highway 114 , the following courses and
distances:
(4) South 33° 14 ' East a distance of 60. 49
feet to a point;
(5) South 51° 21 ' East a distance of 136. 07 feet
to a point in the East line of said Herndon ' s
tract;
(6) THENCE South 00° 09 ' East with the East line of said
Herndon' s tract a distance of 12 . 76 feet to the present
southeast corner of said Herndon ' s tract, said point
being in the North line of Keller-Grapevine Road (County
Road No. 3012) ;
(7) THENCE North 68° 36 ' West with the North line of said
County Road a distance of 147 . 23 feet to the point of
beginning; which, in accordance with comprehensive zoning
ordinance No. 70-10 was previously zoned "C-2" Community
Business District zoning category is hereby changed to
"SP" Specific Use Permit Zoning for the construction and
operation of a roller skating arena and related accessory
uses, excluding the use of coin operated machines , all in
accordance with a revised site plan addressing drainage ,
with said revised site plan requiring approval of the
City Engineer, and further providing for compliance with
all construction requirements in the "C-2" Community
Business District category except as otherwise provided
herewith.
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 sub-
ject 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
comprehensive plant for the purpose of promoting health,
safety, morals and the general welfare of the community.
They have been designed with respect to both present con-
ditions and the conditions reasonably 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
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 normal
business, commercial needs and development of the community.
They have been made with reasonable consideration, among other
things of the character of the district, and its peculiar suit-
ability 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, 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 pro-
visions 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 des-
cribed herein.
Section 7 . That any person, firm, or corporation vio-
lating any of the terms and provisions of this ordinance
shall be subject to the same penalties provided for in Ord-
inance 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, morals , peace, and
general welfare of the inhabitants of the City of Grapevine,
Texas 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 its date of final passage,
and it accordingly so ordained.
PASSED & APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS , on this the 21st day of April, 1981.
APPROVED:
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Mayor
ATTEST:
City ec et
APPROVED TO FORi�l AND LEGALITY:
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City Attorney
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