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Home My WebLink AboutORD 1978-067 ORDINANCE N0. �$-6� AN ORDINANCE AMENDING ORDINANCE N0. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SA1�1E BEING �"'"" ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE , TEXAS , GRANTING A ZONING CHANGE ON A T�ACT OF LAND DESCRIBED AS BEING A LOT, TRACT OR PARCEL OF LAND LYING AND BEING SIT— r� UATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE A. F . LEONARD SURVEY, ABSTRACT N0. 94o 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 "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMTNNITY BUSINESS DISTRICT; CORRECTING THE OFFICIAL ZONING 1�'lAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE ; PRO— VIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEr�IAND A ZONING CHANGE AND Ar1ENDMENT THEREIN MADE ; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. ,,, ,, .�;,.>,a �.:..,� 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, 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 concen- tration 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, i � �; 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, � WI3EREAS, 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 amend- ment, 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 t�e time their original investment was made; and, � � WHEREAS, the City Council of the Cit of Y 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 j citizens of the City of Grapevine, Texas, and helps promote the general health, safety and welfare of this �' ' community; �� NOW, THEREFORE, � � � i � � I � � � � � �rr.,r ;�}-� 1 'I' C�ilU?�TIJED I3Y 7'13E CI'1'Y COUNCTL OF T1jE CI7'Y ' OF C�!2��P�'V I?JF, '1'r'>;AS : SFCTION l . That tl�e City of Grap�vine Ordinance No. 70-)_0, 7��iizg the Comprehensive 7oning Ordinance of the _ City of Grapevine, Texas, same l�eing also known as Title 10 of the Cit�y Code of Grapevine, Texas, be, and the same is hereby am�nd�d and changed in that the use of the following described prop�rty, tc-wit: 4 ' � A portion of the A. F. Leonard Survey, Abstract No. 946, at ', . Grapevine in the Ndrtheast part of Tarrant County, Texas, and i ;�"""' embracing part of the tract conveyed to Ruth Wall as the Third � Tract in the Deed recorded in volume 1624, Page 168 of the j Tarrant County Deed Records. � �� . � BEGINNING at a point'�n the East line of said survey and 1974- 5/10 feet North from the Southeast corner of said survey for the Southeast and beginning corner of the tract being described 'i and said beginning corner being the Northeast corner of the • 8-889/1000 acres tract conveyed to Paul L. Verburg by the Deed� recorded in Volume 4228, Page 439, of said Deed Records, and f�om v.rhich a 3/4 inch iron bears West 30 feet; THENCE West, along the North line of said Verburg Tract, i 875-3/10 feet to a 3/4 inch iron for the Southeast corner of ' the 6-109/1000 acres tract conveyed to Paul Verburg by the Deed recorded in Volume 4423, Page 917 of said Deed Records, and from which a one inch iron bears West 6 feet; � THENCE North 24 degrees - 26 minutes west 72 feet to a point � for corner and from which a one inch iron bears West 6 feet; j THENCE North 16 degrees _- 20 minutes• West 72 feet to a point � i for corner and from which a one inch iron bears West 6 feet; ! � - THENCE North 30 degrees - 56 minutes West 57 feet to a point � � for corner and from which a one inch iron bears West 6 feet; � "� THENCE North 32 degrees - 08 minutes East 105 feet to a point � for corner and from which a one inch iron bears West 6 feet; � �� THENCE North 87 degrees - 33 minutes East 115 feet to a point for corner and from which a one inch .iron bears West 6 feet; � THENCE North 69 degrees - 50 minutes East 80 feet to a point for corner and from which a stake bears West 6 feet; THENCE North 23 degrees - 21 minutes East 92-9/10 feet to a point for corner and from which a one inch iron bears west 14 ' feet; �� THENCE North 31 degrees - 42� minutes East, at 82-2/10 feet pass j a point from which a one inch iron bears West 6 feet, and in � all 103 feet to a point in the North line of said Ruth Wall ' tract and in a road; THENCE North 89 1/2 degrees East, along said North line, at 30 feet, a 3/4 inch iron bears South 20 feet, at 434 feet a , 3/4 inch iron bears South 20 feet, and in all 464 feet to the i Northeast corner of said Ruth Wall tract in said East line of � " the A. F. Leonard Survey; � THENCE South, along said survey line, 689-5/10 feet to the place of beginning and containing 11-279/1000 acres, of which 675/1000 � • of an acre is embraced within the roads, leaving a net area of � ,'""�"' - 10-604/1000 acr�s, more ar less; which was previously zoned ' "R-1" Single Family Dwelling District in accordance with -�� Comprehensive Zoning Ordinance 70-10, is hereby..changed to "C-2" �"""' Community Business District Zoning. • SAVE AND EXCEPT any part or portion thereof in the use or occupancy of any public road or highway. 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 sai� 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 I 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 trans- portation, 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. �,.A., 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 f No. 70-10, Zoning Ordinance of the City of Grapevine, Texas. I ; � 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. PASSFD AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 17th_ day of October , 1978. 4 G��--'- - �'"""'' MAYOR ATTEST: j � I f . i . i CITY SECRE R ! APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ,' ( I i I �,� � � I � ; I i - I I , � I ��