HomeMy WebLinkAboutORD 1981-068 ORDINANCE NO. 81-68
AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE
COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON
A TRACT OF LAND WHICH IS WITHIN THE CITY OF
GRAPEVINE, TEXAS AND MORE FULLY DESCRIBED
HEREIN; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM C-2 COMMUNITY BUSINESS DISTRICT
TO "SP" SPECIFIC USE PERMIT DISTRICT FOR A C-2
COMMUNITY BUSINESS DISTRICT USES AND A CONSTRUC-
TION YARD SITE IN CONJUNCTION WITH A STATE HIGH-
WAY DEPARTMENT PROJECT; PROVIDING A SITE PLAN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE PRO-
VIDING A SEVERABILITY CLAUSE DETEI2MINING THAT
THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT HEREIN
MADE; PROVIDING A PENALTY; AND DECLARING AN
EMERGENCY
WHEREAS, 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
zoninQ ordinance of the City of Grapevine, Texas , and all
the legal requirements, conditions and prerequisites 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 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 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 sta-
tionary lights and effect of such lights on established char-
acter 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 generated by the proposed use
around the site and in the immediate 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 loading 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
over-crowding of the land, the effect on the concentration of
population, the effect on the transportation, water, sewerage,
schools, parks, 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 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 transporta-
tion; water, sewerage, schools , parks and other public facili-
ties ; 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 zoninq 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 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 determined 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, 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 1. That Ordinance No. 70-10 , the Zoning Ordi-
nance of the City of Grapevine, Texas passed on April 7, 1970 ,
be, and the same is hereby amended and changed in that the
allowed use of the property described in attached Exhibit A,
which is hereby incorporated herein and which is presently
zoned C-2 Community Business District under Ordinance No. 70-10 ,
is changed to "SP" Specific Use Permit District with a site
plan for uses authorized and allowed under C-2 Community Busi-
ness District Zoning and a construction yard solely and only
in conjunction with a State of Texas Highway Department Project
for the widening and improving of State Highway 114 within the
City limits of Grapevine for a period of time not to exceed
twenty-six (26) months from October 20, 1981.
Section 1-A. That the uses allowed on the property as
described in Section 1 are hereby approved and granted upon the
following express conditions ;
A. All C-2 uses shall be permitted and allowed only in
strict compliance with all requirements , restrictions ,
and conditions applicable to a C-2 District and no
C-2 uses shall be permitted and allowed in conjunction
with either as a principal or an accessory use, to the
construction yard.
B. The construction yard usage shall be in strict con-
formance with the site plan that is attached hereto
and incorporated herein for all purposes and labeled
Exhibit "B" .
C. The construction yard usage shall comply with the
following additional requirements and conditions :
a. The rear gate (on the North side) contiguous
residential development shall be closed per-
manently and not used for ingress and egress .
b. No actual construction of any type shall be
permitted or allowed. No construction of
forms or other similar tools shall be per-
mitted.
c. The use of any two-way radio, outside speaker,
loudspeaker or amplifier in any manner that
disturbs the peace and tranquility of the adja-
cent residential development is hereby prohib-
ited.
d. Dust control shall be maintained at all times
pursuant to a procedure that is approved by
and acceptable to the Director of Public P�orks
for the City of Grapevine in a manner that
eliminates dust problems within the adjacent
residential development.
e. The owner and user (tenant or lessee) of sub-
ject property shall execute an agreement
acknowledgeing and agreeing to all of the
conditions contained in this ordinance relat-
ing to the operation of the construction yard.
The agreement shall be a covenant running with
the land which is capable of being filed for
record and the City reserves the right to file
said instrument.
Section 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 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.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the com-
prehensive 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 conditions and
the conditions reasonably anticipated to exist in the fore-
seeable future, to lessen congestion in the streets; to se-
cure safety from fire, panic, flood and other dangers; pro-
vide adequate light and air; to prevent over-crowding of land,
to avoid undue concentration of population; facilitate the
adequate provisions of transportation, water, sewerage, drain-
age and surface water, parks and other public requirements ,
and to make adequate provisions for the normal business , com-
mercial 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 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 ordi-
nance.
Section 6. That the terms and provisions of this ordi-
nance 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 sub-
ject to the same penalties 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 safe-
guard the health, safety, morals, peace and general welfare of
the inhabitants of the City creates an emergency fo the immed-
iate 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 APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 3rd day of November, 1981.
APPROVED:
Mayor
ATTEST:
c
City Sec y
APPROVED AS TO FORM:
�
City Attorney
EXHIBIT "A"
:r
PORTIO�T OF PAYTOr?-TrIRIGHT ADnITION
GRAPEVINE, TARRANT COUNTY, TEXAS
The folloa:ing described tract or parcel of land being the west Portion of
PAYTON-WRIGNT ADDITION, to the City of Grapevine, Tarrant County, Texas
according to plat recorded on Page 36 of Volume 388-120 in the Tarrant
County Deed Records and also being situated in the J.B. Fay Survey, A-530
and in the William Bradford Survey, A-131, Tarrant County, Texas and being
more particularly described as follows:
BEGINNING at an iron rod at the Southwest corner of said PAYTON-WRIGHT
ADDITION and being in the North line of State Highway No. 114;
THENCE N 0° 04' 50" W a d i stance of 320.16 feet to an i ron rod at the
Northwest corner of the said PAYTON-WRIGNT ADDITION and being in the South
line of Lot 7, Block 11, BELLAIRE ADDITION, Section 6, to the City of
Grapevine, Tarrant County, Texas according to plat recorded on Page 31 of
Volume 388-V in the Tarrant County Deed Records;
THENCE N 89° 56' E along the Sauth line of said B�LLAIRE ADDITION, Section
B a distance of 235 feet;
THENCE S 0° 04' 52" E a distance of 322.21 feet to the North right-of-way
line of State Highway No. 114;
THENCE N 89° 34' W a distance of 235 feet to the Place of Beginning,
Containing 1.73 acres of land more or less.
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� EXHIBIT "B"
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