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HomeMy WebLinkAboutORD 1980-009 ORDINANCE N0. 80-9 AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME 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 PART OF BLOCK L, �,, OAK KNOLLS LAKEVIEW ADDITION 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 "SP" SPECIFIC USE PERMIT DISTRICT PRO- VIDING FOR THE CONSTRUCTION AND OPERATION OF INDOOR AND OUTDOOR WAREHOUSING AND INSIDE ASSEMBLY, INCLUDING ALL USES AS PERMITTED UNDER THE "C-2" COMMiJNITY BUSINESS DISTRICT ZONING, FURTHER PROVIDING FOR A SIX FOOT SCREENING FENCE ALONG THE MOST EASTERLY BOUNDARY, ALL IN ACCORDANCE WITH A SITE PLAN ATTACHED TO THE AMENDMENT ORDINANCE; TO THE FOLLOWING: TRACT A TO "C-2" COMNNNITY BUSINESS DISTRICT ZONING CATEGORY. TRACT B&C TO "SP" SPECIFIC USE PERMIT DISTRICT PROVIDING FOR OFFICES AND ENCLOSED WAREHOUSING, PRO- VIDING FOR OUTDOOR PARKING OF VEHICLES IN A SCREENED FENCE AREA (C) AND FURTHER ALLOWING ALL USES PERMITTED IN THE "C-2" �� � COMMUNITY BUSINESS DISTRICT CATEGORY. CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY 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 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 , requirements , 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, 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 transportation, water, sewerage, schools , parks and other public facilities ; and, WHEREAS, 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, 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 w 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 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, 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 Title 10 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: TRACT A BEING a portion of Block L, OAK KNOLLS LAKEVIEW ADDITION, to the City of Grapevine, Tarrant County, Texas , according to the plat recorded in Page 51 , of Volume 388-W in the Tarrant County Deed Records ; and being more particularly described as follows : BEGINNING at an old iron rod in the East line of said Block L and being S. 0 deg. 54 min. 20 sec. West a distance of 180. 55 feet from the Northeast corner of said Block L; THENCE S . 0 deg. 54 min. 20 sec. West along the East line of said Block L a distance of 125 . 0 feet THENCE N. 89 deg. 05 min. West a distance of 294. 91 feet to the East right-of-way line of State Highway No. 114 and being on a curve having a radius of 203. 0 feet; THENCE Northeasterly along said curve and along the East right-of-way line of said State Highway No. 114 a distance of 154. 05 feet to a concrete Highway Department monument; THENCE N. 31 deg. 54 min. 50 sec . East along the East right-of-way line of said State Highway No. 114 a distance of 118. 0 feet to a concrete highway department monument at the intersection of the East right-of-way line of said State Highway No. 114 with the South right-of-way line of State Highway No . 114 (Business) ; THENCE N. 82 deg . 17 min. 15 sec. E. along the South right-of-way line of said State Highway No. 114 (Business) a distance of 100. 28 feet to an old iron rod at the Northwest corner of a 0. 35 acre tract as recorded on Page 55 of Vol. 6494 in the Tarrant County Deed Records ; THENCE South 0 deg. 54 min. West along the West line of said 0. 35 acre tract a distance of 139 .83 feet to an old iron rod at the Southwest corner of said 0. 35 acre tract; THENCE S . 89 deg. 23 min. E. a distance of 108. 68 feet to the place of beginning, containing, 1. 25 acres or 54. 487 square feet of land, more or less . SAVE & EXCEPT ANY PORTION LYING IN ROAD OR ROADWAY, PUBLIC OR PRIVATE; which in accordance with Comprehensive Zoning Ordinance 70-10 was previously zoned "SP" Specific Use Permit district providing for the construction and operation of indoor and outdoor �- warehousing and inside assembly including all uses as permitted under the "C-2" Community Business District category providing for a six foot screening fence along the most easterly boundary in "�r � accordance with a site plan is hereby changed to "C-2'' Community Business District. TRACT B The following described tract or parcel of land being a portion of Block L, OAK KNOLLS LAKEVIEW ADDITION, to the City of Grapevine, Tarrant County, Texas according to plat recorded on Page 51 on Volume 388-W in the Tarrant County Deed Records and being more particularly described as follows : BEGINNING S 0° 54' 20" W a distance of 314. 55 feet and N 89° 05 ' W a distance of 30. 0 feet from the Northeast corner of said Block L; THENCE S 0° 54' 20" W a distance of 150. 0 feet; THENCE N 89° 05 ' W a distance of 177 . 33 feet to the East right-of-way line of State Highway No . 114 and being on a curve having a radius or 934. 93 feet; THENCE Northwesterly along said curve and along the East right-of-way line of sai� State Highway No. 114 a distance of 86. 32 feet; THENCE N 32 12 ' W along the East right-of-way line of said State Highway No. 114 a distance of 5 . 94 feet to a concrete Highway Department monument at the beginning of a curv� to the right having '"�"" a radius of 203 . 0 feet whose center bears N 55 45 ' E a distance of 203 . 0 feet; THENCE Northwesterly along said curve and along the EAST right-of-way line of sai� State Highway No. 114 a distance of 83 . 19 feet; THENCE S 89 OS ' E a distance of 264. 91 feet to place of beginning, containing 0. 788 acres of 34,329 square feet of land more or less ; which in accordance with Comprehensive Zoning Ordinance 70-10 was previously zoned "SP" Specific Use Permit District providing for the construction and operation of indoor and outdoor warehousing and inside assembly including all uses as permitted under the "C-2" Community Business District category further providing for a six foot screening fence along the most easterly boundary in accordance with a site plan attached to the amendment ordinance is hereby changed to "SP" Specific Use Permit District providing for the following uses : (A) . Offices and enclosed warehousing; (B) . Out- door parking of vehicles in a screened fence area; (C) . Providing for construction requirements in the "C-2" Community Business Dis- trict category and (D) . Allowing all uses as permitted in the "C-2" Community Business District category. TRACT C � All that certain lot, tract or parcel of land, lying and being situated in Tarrant County, Texas , and being described as follows to-wit : BEING a portion of Block L, OAK KNOLLS LAKEVIEW ADDITION, to the City of Grapevine, Tarrant County, Texas , according to plat recorded on Page 51 of Volume 388-W, in the Tarrant County Deed Records and being more particularly described as follows : BEGINNING S. 0 deg. 54 min. 20 sec . W. a distance of 464. 55 feet and N. 89 deg. 05 min. W. a distance of 30. 0 feet from the Northeast corner of said Block L; THENCE S. 0 deg. 54 min. 20 sec. W, a distance of 189 . 74 feet to the East right-of-way line of State Highway No. 114 and being on a curve having a radius of 974. 93 feet whose center bears S . 50 deg. OS min. 36 sec. W. a distance of 974. 93 feet; THENCE Northwesterly along said curve and along East right-of-way line of said State Highway No . 114 a distance of 63 . 78 feet; THENCE N. 43 deg. 17 min. 40 sec . W, along the East right-of-way line of said State Highway No. 114 a distance of 118 .36 feet to the beginning of a curve to the right having a radius of 934. 93 feet whose center bears N. 46 deg. 54 min. 21 sec . East a distance of �, _ 934. 93 feet. THENCE Northwesterly along said curve and along the East right-of-way line of said State Highway No. 114 a distance of 77 . 67 feet; THENCE S. 89 deg. 05 min. E. a distance of 177 . 32 feet � -� to a place of beginning containing 0. 39 acres or 16. 996 square feet of land more or less ; SAVE AND EXCEPT ANY PORTION LYING IN ROAD OR ROADWAY, PUBLIC OR PRIVATE; which, in accordance with Comprehensive Zoning Ordinance 70-10 was previously zoned "SP" Specific Use Permit District providing for the construction and operation of indoor and outdoor warehousing and inside assembly including all uses as permitted under the "C-2" Community Business District category further providing for a six foot screening fence along the most easterly boundary in accordance with a site plan attached to the amendment ordinance is hereby changed to "SP" Specific Use Permit District providing for the following uses : (A) . Offices and enclosed warehousing; (B) . Outdoor parking of vehicles in a screened fence area; (C) . Providing for construction requirements in the "C-2" Community Business District category and (D) . Allowing all uses as permitted in the "C-2" Community Business District category. 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 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 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 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, 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, firm or corporation violating any of the terms and provisions of this ordinance shall be subject 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 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 the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE , TEXAS, this the 19th day of February , 1980. MAYOR ATTEST: � C TY S CRET Y APPROVED A TO FORM AND LEGALITY: CITY TTORN