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HomeMy WebLinkAboutORD 1977-035 ORD INANCE NO. '7'7-3 5 �� AN ORDINANCE ANIENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING �+ ALSO KNOWN AS TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING TRACT I AND TRACT II, LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE A. W. ANDERSON SURVEY, ABSTRACT 26, AND THE H. SUGGS SURVEY, ABSTRACT 1414, 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 1FROM "I-1" LIGHT INDUSTRIAL DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT FOR ON PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES, INCIDENTAL TO THE OPERATION OF A DUDE � RANCH AS PER THE ATTACHED SITE PLAN AND OTHER USES AS PERMITTED UNDER "C-2" COMMITNITY BUSINESS DISTRICE; 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 WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MP,DE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. �� � WHEREAS, app_li_r.atioi7s were made to amend the !, Of_ficial Zoning Map, City of Grapevi.ne, Texas, by making , applications for same with Lhe Planni_ng and 7oning � Commission of the City of Grapevine, Texas, as required ' by state statutes and the zoning ordinances of the City i of Grapevine, Texas, and all the legal requirements, � conditions and pre-requisites having been complied with, the case having come befare the City Council of the City of Grapevine, Texas, after all 7_egal 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 matoring 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 f_rom flocd or water damages, noise producing elements and glare of the vehicular and I 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 I and adjacent property, street size and adequacy of width for traffic reasonably expected to be generated by the i 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 �a-., public facilities ; and, �,r.� 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 Cii�y Council ot 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 i.nterest clearly requires the amend- ment, that the zoning changeG do not unreasonably invade the rights of those wlio bought or improved property with reference to the classification which existed at the time their original invesi�ment was made; and, WHERFAS, the City Council of the City of Grapevine, Texas, does find that the change in zoning �, :,, lessens the congestion in the streets, helps secure saf_ety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; pr_events the over-crowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public r_equirements; 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; �" '`d NOW, THEREFORE, �:�� �� ]3E IT URJAIiv'r�D BY 'i'HF CL'i'1' COUi�CIL OF THE CI'I'Y OF C;RAP�V INE, TE?�AS : SECTION 1. That the City of Grapevine 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 following described property, to-wit: �•,,. �� f � � �� ,� ;` E� � : � ; $ . � TRACT 1 ALL TI�AT CERTAIN TRACT OR PARCFL OF LRND LYING AND BEING SITUATFD IN THE A. W. ANDERS�N SURVEY, A-26, 'I'ARRANT COUNTY, TEXAS, AND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: ., . �: BEGINNING AT A STEEL ROD IN THE EAST LINE OF THE A. W. ANDERSON SUEVEY, 998 VARIS SOUTH OF ITS NE CORNER. THFNCE SOUTH 0 DFGREES 05 MINUTES 35 SECONDS EAST A DISTANCE OF 677.67 FEET TO A STEEL ROD FOR CORNER, SAID POINT BEING IN THE CENTER LINE OF COUNTY ROAD 3044; THENCE, SOUTH 0 DEGREES 30 MINUTES EAST WITH SAID CENTER LINE A DISTANCE OF 553 . 05 FEET TO A STEEL ROAD FOR CORNER; i THENCE SOUTH 34 DEGREES 07 MINUTES 20 SECONDS WEST A DISTANCE OF 529.6 FEET TO A STEEL ROD FOR CORNER; ��,.W THENCE, SOUTH 52 DEGREES 52 MINUTES 20 SECONDS WEST A DISTANCE OF 333. 3 FEET TO A STEEL ROD FOR CORNER; THENCE SOUTH 42 DEGREES 22 MINUTES 20 SECONDS WEST A DISTANCE OF 388. 9 FEET TO A STEEL ROD FOR CORNER. THENCE SOUTH 52 DEGREES 52 MINUTES 20 SECONDS WFST A DISTANCE OF 213. 66 FEET TO A STEEL ROD FOR CORNER. THENCE NORTH 0 DEGREES 16 MINUTES 05 SECONDS EAST A DISTANCE OF 2330. 59 feet to a set stone for the NORTHWEST CORNER OF THIS TRACT. ,.: . '�""`� THENCE SOUTH 87 DEGREES 25 MINUTES 30 SECONDS EAST A DISTANCE OF 979.04 FEET TO THE PLACE OF BEGINNING AND CONTAINING 41.582 ACRES, SAVE AND EXCEPT .435 ACRES IN ROAD, LEAVING A NET ACREAGE OF 41. 147 ACRES OF LAND MORE OR LESS AS SURVEYED BY DAVID C. MOAK REGISTERED PUBLIC SURVEYER NO. 156 IN APRIL, 1973. z�u�c�r z z OF TI3AT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING SUTUATED IN H. SUGGS SURVEY, A-1414 AND MORE FULLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE CENTER OF COUNTY ROAD 3044, IN THE v��* WEST LINE OF H. SUGGS SURVEY, 1245.6 VARIES SOUTH OF ITS NORTHWEST � CORNER. THENCE SOUTH 89 DEGREES 42 MINUTES 45 SECONDS EAST PASSING AN IRON PIPE AT 25 FEET AND CONTAINING A TOTAL DISTP,NCE OF 1392 . 94 FEET TO A STEEL ROD IN THE NORTHWESTERLY RIGHT-OF-WAY LINE OF EXISTING STATE HIGHWAY 121. THENCE SOUTH 42 DEGREES 59 MINUTES WEST WITH SAID NORTI-3'6VEST RIGHT-OF-WAY LINE A DISTANCE OF 749. 74 FEET TO A STEEL ROD FOR CORNER, SAID POINT BEING THE INTERSECTION OF SAID NORTHWEST RIGHT-OF-WAY LINE WITH THE NORTH RIGHT-OF-WAY OF COUNTY ROAD � 3044; THENCE NORTH 89 DEGREES 50 MINUTES 30 SECONDS WEST WITH SAID NORTH RIGHT-OF-WAY LINE A DISTANCE OF 876. 54 FEET TO A STEEL ROD FOR CORNER, SAID POINT BEING IN THE CENTER LINE OF COUNTY ROAD 3044 WHERE IT TURNS NORTH. THENCE NORTH 0 DEGREES 30 MINUTES WEST WITH SAID CENTER LINE OF COUNTY ROAD 3044 A DISTANCE OF 553 . 05 FEET TO THE PLACE OF BEGINNING AND CONTAINING 14. 374 ACRES OF LAND SAVE AND EXCEPT . 362 ACRES IN ROAD LEAVING A NET ACREAGE OF 14. 012 ACRES """"�"" OF L.AND MORE OR LESS AS SURVEYED BY DAVID C. MOAK, REGISTERED PUBLIC SURVEYER NUMBER 156 IN APRIL, 1973, � which in accordance with Zoning Ordinance 70-10 was previously zoned "I-1" Light Industrial District is hereby changed to"SP" Specific Use Permit District for on premise consumption alcoholic beverages , incidental to the operation of a dude ranch, as per the attached site plan, and other uses as permitted under "C-2" Community Busi- ness District . SECTION 2. Tlie City Manager is hereby directed to corr_ect the official zoning map of the City of Gr_apevine, Texas, to reflect the herein change in zoning. SECTION 3. That in a11 other respects the use of the tract or tracts of land herein abave described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinance and all other applicable and pertinent ordi.nances of the City of Grapevine, Texas. ,„,- .. SECTION 4. That the zoning regulatians 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 concen�ration 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 reasanable 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 af 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. 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