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HomeMy WebLinkAboutORD 1980-038 ORDINANCE N0. 80-38 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PAR- �"'"`�' CEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE A. FOSTER SURVEY, ABSTRACT NO. 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 5AID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT CORRECTING THE OFFICIAL ZONING MAP; PRE- SERVING ALL OTHER PORTIONS OF THE ZONING ORD- INANCE; PROVIDING A CLAUSE RELATING TO SEVERA- BILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDENT THEREIN 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 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 Council of the City of Grapevine, Texas, after all legal notices require- ments, conditions and pre-requisites 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 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, loca- tion, 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 locating spaces , and protec- tion 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 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 transpor- tation; 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 suitibil- ity for particular uses and with the view to conserve the value �'° of buildings, encourage the most appropriate use of land through- out 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 amendent, that the zoning changes do not unreason- ably 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 congestion in the streets, helps secure safety from fire, panic and other dan- gers; promotes health and the general welfare; provides adequate light and air; prevents the over-crowding of land; avoids undue concentration of population; facilities 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 clase proximity to the property requested for a change since this prop- � erty 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 1. 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 amend- ed and changed in that the use of the following described prop- erty, to-wit: LEGAL DESCRIPTION BEING 6. 173 acres of land, more or less, out of the A. FOSTER SURVEY, described as follows: BEING a tract of land containing 9. 008 acres of land out the A. Foster Survey, Abstract No. 518 , being more particularly �� described by metes and bounds in the following Exhibit "A" which is incorporated by reference for all purposes herein. � SAVE AND EXCEPT a 2. 835 acre tract of land heretofore conveyed by Gary Kirkland, Trustee to the State of Texas for roadway right- of-way, and being more particularly described by metes and bounds in the following Exhibit "B�� which is attached hereto and in- corporated by reference herein for all purposes. EXHIBIT "A" BEING a tract of land in the HEIRS OF A. FOSTER SURVEY, Abstract No. 518 , situated in Tarrant County, Texas, and being more par- ticularly described by metes and bounds as follows : COMMENCE at a point being, by deed call, 1325. 3 feet North 89 degrees 44 minutes East and 94. 0 feet North of the Southwest corner of said Foster Survey, thence be deed call, North 94 . 0 feet, South 87 degrees 48 minutes East 1312 . 5 feet; and North � w, 0 degrees 26 minutes East 740 . 6 feet to a concrete monument being in the Northeasterly right-of-way line of State Highway Na. 114, said monument being in a curve having a called radius of 2689. 78 feet and being the point of beginning of the herein des- � cribed tract; THENCE Northwesterly with said curve and said right-of-way line of 168. 28 feet to a concrete monument; THENCE North 33 degrees 05 minutes West 98 . 30 feet to a concrete monument at the beginning of a curve to the right having a called radius of 914 . 93 feet; THENCE with said curve and said right-fo-way line 378 . 96 feet to a concrete monument in same; THENCE North 9 degrees 33 minutes West 692 . 30 feet along said right-of-way line to a concrete monument in same; THENCE North 35 degrees 12 minutes East 141. 50 feet to a con- crete monument in the South right-of-way line of State Highway No. 121; THENCE North 80 degrees 33 minutes East 336 . 55 feet along said right-of-way line to a concrete monument in same; .� THENCE South 0 degrees 25 minutes West 1424 . 03 feet along a fence �::.y line to the PLACE OF BEGINNING and containing 9. 008 acres of land or 392 ,384 plus or minus, square feet. EXHIBIT "B" BEING 2. 835 acres of land, more or less, situated in County of Tarrant, State of Texas, and being out of the Ambrose Foster Survey, Abstract No. 518 , and being a part of a tract of land con- veyed by Jack B. Linehan, Trustee, to Gary Kirkland, Trustee, by deed dated January 23, 1974 and recorded in Vol�zme 5586 , Page 856 of the Deed Records of Tarrant County, Texas , which 2 . 835 acres of land, more or less, are more particularly described as follows: BEGINNING at the present Southeast corner of the Gary Kirkland, Trustee, tract, said corner being in the present northeasterly right-of-way line of State Highway 114 , said corner heing in a curve whose center bears North 53° 20 ' S0" East; THENCE in a Northeasterly direction with said present Northeast- erly right-of-way line of State Highway 114 along the arc of *�"� a circular curve to the right, having a radius of 2 ,689 . 79 feet and through a central angle of 03° 34 ' 53" , a distance of 168. 13 feet to the end of said curve; � THENCE North 32° 57 ' West continuing with said present north- easterly right-of-way line, a distance of 98 . 20 feet to the be- ginning of a curve to the right, whose center bears North 56° 41' 26" East; THENCE in a northwesterly direction continuing with said present northeasterly right-of-way line along the arc of a circular curve to the right, having a radius of 914. 93 feet and through a central angle of 23° 43 ' 41" , a distance of 378 . 90 feet to the end of said curve; THENCE continuing with said present northeasterly right-of- way line, the following courses and distances : North 09° 28 ' West, a distance of 692.40 feet to a point; �"`� North 35� 20 ' East, a distance of 16 . 63 feet to a point in the proposed northeasterly right-of-way line of State Highway 114 , said point being in a �„ curve whose center bears North 79° 31 ' S0" East; THENCE in a southeasterly direction with said proposed north- easterly right-of-way line along the arc of a circular curve to the left, having a radius of 2,261. 83 feet and through a central angle of 25° 32 ' 23" , a distance of 1,008 .22 feet to a point in said curve, said point also being 373. 44 feet north- easterly of and radially opposite centerline survey station 381+16 . 14 , said point also being South 00° 32 ' West, a distance of 1,075. 39 feet to the present northeast corner of said Kirk- land tract; THENCE South 00° 32 ' West with the present East line of said Kirkland' s tract, a distance of 348. 29 feet to the POINT OF BEGINNING; which in accordance with Comprehensive Zoning Ordinance 70-10 , was previously zoned "R-1" Single Family Dwelling District is hereby changed to "C-2" Community Business District Zoning Category. SECTION 2 . The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas, to re- ,,,,:.., flect 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 per- tinent 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- 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 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 charac- ter of the district, and its peculiar suitability for the par- ticular 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 ordi- nances except in those instances where provisions of those ordi- nances which are in direct conflict with the provisions of this ordinance. SECTION 6. That the terms and provisions of this ord- inance 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 herein described. SECTION 7. That any person, firm or corporation violating r�� 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 of Grapevine, Texas , are inade- quate to property 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 wel- fare of the public which requires that this ordinance shall be- come effective from and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, on this the 15th day of July , 1980. APPROVED: ��� --' ,�_..„ MAYOR �.�, ATTEST: !� CITY SECRE R APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY � �