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Home My WebLink AboutORD 1978-018 ORDINANCE NO. 78-18 AN ORDINANCE AMENDING ORDINAN�E NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRA.PEVINE, TEXAS, SAME BEING ALSO KNOWN AS TITLE 10 OR THE CITY CODE OF GR.APEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS �„�,,, BEING A LOT, TRACT OR PARCEL OR LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PORTION OF THE HARRISON DECKER SURVEY, ABSTRACT NO. 438 IN THE CITY OR GRAPEVINE, TEXA.S MORE FLJLLY AND COMPLETELY DESCRIBBD IN THE BODY OF THIS ORDINANCE; ORDERING A CF-tANGE IN THE USE OF' SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELLING DISTRICT TO "C-2" COMMUNITY BUSINESS DISTRICT ZANING; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELRARE DEMAND A ZANING 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 Zaning 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 Cauncil 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 motaring 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 prop�rty, street size and adequacy of width for traffic reasonably expected to be generated by the propased 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 Cauncil 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 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 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 surraunding 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 cammunity; NOW, THEREFORE, � � rE 1'i' C>J1JAIiJED BY 7'ijE CI'J'Y COUNCIL OF THE CI'I'Y • OF GRT�PEV I?JE, '1 E>:AS : SECTION l. That the City of Grap�vine Ordiriance 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 ; �-. followi.ng described property, to-wit: � RIELD NOTES of a proposed 50 ft. easement across a 2.563 acre tract of land out of the Harrison Decker Survey, A-438, Tarrant �, t"i.ounty, Texas; BEGINNING at a point in the Southerly R. O. W. line of State ; Highway #121, 400.0 feet South 54 degrees 05 minutes West from it�s intersection with the East line of a tract ea�a�veyed to M. T. Jordan as shown in Volume 1670, Page 431, Deed Records, Tarrant County, Texas; said beginning point being the North-- - • west corner of a 2.563 acre tract shown in Volume 5007, Page 698, Deed Records, Tarrant County, Texas; THENCE North 54 degrees OS minutes� East along said Highway R. O. W. line 50.55 feet; THENCE South 27 degrees 29 minutes 30 seconds East, 392.31 feet; THENCE South 45 degrees 43 minutes West, 52.22 feet to the Southwest corner of said Volume 5007, Page 698 (Quit Claim Deed) ; THENCE North 27 degrees 29 minutes 30 seconds West, 400.0 feet to the place of beginning, whicM property was, in accordance � � with Zoning Ordinance '70-10, previously zoned "R-1" Single : � �``" Family Dwelling District is hereby changed to "C-2" Community Business District Zoning. � � � � � r ' � �r 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 regulati�ns 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 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. 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 �_ day of iy�.y,c� � 1978. ,�.:.� � � MAYOR ATTEST: CITY SE TARY APPROVED AS TO FORM AND LEGALITY: _ � , - i � � : ! � 9 �j � . � ��: �, � � ; , , �- � , � __ , CITY ATTORNEY ,� :w, �