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HomeMy WebLinkAboutORD 1977-012 ORDINANCE NO. 77-12 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS TITLE TEN OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS BEING A 52 . 31 ACRE TRACT OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PORTION OF THE G.F. MARTIN SURVEY, ABSTRACT NO. 1003, SAMUEL FREEMAN SURVEY, ABSTRACT NO. 526, AND THE A.F. LEONARD SURVEY, ABSTRACT NO. 946, TO THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DES- CRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-1" SINGLE FAMILY DWELL- ING DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT, INCIDENTAL TO THE OPERATION OF A HEALTH CARE CENTER AND USES AS PERMITTED UNDER "C-1" NEIGHBORHOOD BUSINESS DISTRICT; 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 MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. � �Aww �nnincs annlication 777-6 WHEREAS, ��?Z��- � �• ��.ions ;,��=r� made to ainend i�he Oificial Zoning Map, C�_ty of G:r��pcv.� ne, Texas, by making applications ior sa��le wi�h thr� P1_anning and Zoning Commission of the Ci_ty of Gra����vine, Texas, as required by state sta��u�es and the zoning ordinances of the City of Grapevine, T�xas, aiid all the legal requirements, conditions and pre--i.equisi1.es having b�en complied with, the case having come before the City Council of the City �..:.> of Grapevine, Texas, after all J.:����1 notices, require- ments, condit.ions and pre-requisites having been complied with; and, +�,� G�'HERFAS, �he City Council of the City of Grapevine, Texas, at a public hearing called by the City Ccuncil did consi_der the follawing factors in making a determi_nation as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestria�zs using the facilities i_n the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flocd or water damages, noise producing elements and glare of the vehicular and stationary lights and effect of such lights on estab]_ished character of the neighhorhood, location, lighting and types of signs and r_elation 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 par_king as determined by r_equi_re,nents 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 al1 parking areas to control dust, effect on the promotion of health and the general welfare, effect on light and air, the eff�ct on the over-crowding of the land, the eff_ect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, �ti'HEREAS, 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; efiect 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 an the over-crowding of the land, the effect on the concentration on population, the effect on the �`' transportati.on; water, sewerage, schools, parks and other public facilities ; and, "�"' W�3EREAS, 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 �'i.ty �"'����,,,c� 1 of the City of Grapevine, Texas, does i=ind i.l�at th�re is a public necessity for the zor7ing chang�, t,hat the public d�mands it, that the public in1=E�-r_est <,1c<�rly requires the amend- ment, that the zoning chat�ges do r�ot unr�asonably invade the ric�hts of those who l�ought �r �Inp���oved property wi-�h reference to the class ii ic�ai.ion �,�hi ch c>xi.st�d at the time their original investment was made; and, ��_� WHFREAS, the City Council of the City of Grapevine, Texas, does find that the change i_n �oning � lessens the congestion in the streets, helps secure safety from fire, panic and o1=.her dangers; pramotes health and the general welfare; provides adequate light and air; prevents t.he over-cro�,ading 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 Grap�vine, 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, TF3FRFFORE, � � -,F� i_'1' i'_. ,;;, i�r��-'D !ti Y, ,�,;, � , ,��i� ���,� �v�: rT, Ur 1'_,r� �' i'rY ,l-;`;AS �)r' ��. .',P�;V ��.?vl-,, 'i - SECTION l . 'i'nat tl�e C�-tY of Gra���vine Ordinance T�v. -�p_�_p, being the Cornprehci�sive Zoning Ordinance of the �;_i�y of Granevine, T�xas � sarne 1�eing also known as Tit7_e 10 of th� City Cc����'- of ��r-�.p�vinc�, T�xas , be, and t]�e same i_s h��rcby <<in�nc3�_d -:nd ch�:nyed � n �that the us� of tl�e follo-�aing �3es��rib�d prup�>rtY, 1=c -wii�: �.�� BEING a survey of a tract of 52.31 Acres of land and being partly in the G.F. MARTIN SURVEY, ABSTRACT NO. 1003, partly ,,,� in the SAMUEL FREEMAN SURVEY, ABSTRACT NO. 526, AND partly in the A.F. Leonard Survey, Abstract No. 946, Tarrant County, Texas ; and being all of the property conveyed to CIRCLE TEN BOY SCOUT FOUNDATION, Volume 3739, Page 318 Deed Records, Tarrant County, Texas ; and said 52. 31 Acre tract being more particularly described as follows : COMMENCING at the Southeast corner of said Freeman Survey, same being the Northeast corner of said Leonard Survey and being in the West line of said Martin Survey: THENCE West 468.0 ft to a point in the center of County Road No. 3059, THIS BEING THE POINT OF BEGINNING OF THE 52 .31 ACRE TRACT DESCRIBED HEREIN: THENCE N 04 degrees 29' 37" E, along the center of said Road, 590.06 ft: THENCE N 09 degrees 11 ' 46" E, alang said Road, 119.43 ft: THENCE N 24 degrees 46 ' 14" E 187.14 ft: THENCE N 86 degrees 24 ' 46" E, and passing a concrete monument at 29 feet, in all on this line 295. 58 ft: THENCE N 00 degrees 02 ' 00" E, along the West line of �, said Martin Survey, 571. 79 ft: THENCE N 29 degrees 33 ' 42" E 117.19 ft: THENCE N 77 degrees 27 ' 29" E 167.59 ft: THENCE S 00 degrees 44' 43" E 468.35 ft: THENCE N 89 degrees 29' 26" E 303 .80 ft: THENCE S 23 degrees 30' 45" W 637.49 ft: THENCE S 00 degrees 32 ' 48" W 371.82 ft: THENCE N 89 degrees 32 ' 02" E 299.65 ft: THENCE S 33 degrees 32 ' 17" E 490.10 ft: THENCE S 29 degrees 11 ' 53" W 1763.47 ft. to a point in the center of said County Road, same being the West line of said Martin Survey: THENCE in a Northwesterly direction, along the center of said County Road No. 3059, as follows : lst. N 00 degrees 09' 00" E 117. 73 ft, to the beginning of a curve ta the left that has a Central Angle of 39 degrees 25 ' , a Radius of 560.0 _ ft. and a Tangent of 200.60 ft: 2nd. Northwesterly, around said curve, 385.25 ft: 3rd. N 39 degrees 16 ' 00" W 573 .70 ft: 4th. N 04 degrees 29' 37" E 453.0 ft. to the point of be- ginning and containing 52 . 31 acres of land; which was pre- viously zoned "R-1" Single Family Dwelling District under Ordinance 70-10, is hereby changed to "SP" Specific Use w� Permit District incidental to the operation of a health care center, and uses as permitted under "C-1" Neighborhood Business District. SECTION 2. The City '"-�!� �yer is i,eJ_�by directed to r_orrect th� official zoning map of the City of Grapevine, Texas , to reflect the herein change in zoning. SFCTION 3. That in al.l other t-esp�:cts the use of the tract or tracts of 1_�nd here.in above descr�_bed shall be subject to al1 i�he applicable r�gulati_ons conta�ned i.n said City of Grapevine zoning or_dinance and all other app]_icable and �,z� pertinent ordinances of the City of Grapevine, Texas . SECTION 4. That the zoni_ng regulations and districts as ;,,� herein established have been made in accordance with the comprehensive plant f_or the purpose of promoting health, safety, morals and the general welf_are of the community. They have k�een designed, with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; ta 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, comrnercial needs and development of the community. They have been made with reasonable c�nsiderati,on, 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, af_fecting zoning and sha11 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 ordi_nance sha11 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 pravided for in Ordinance No. 70-10, 7oning 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 tne public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frcm and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED T3Y 'i'i�F c,l'L'Y �'Ot;'�;c� iL OF THE CI'rY OF GRAPEVINE, TEXAS, this t_he __lst _ day of _ March_` , 1977. r � . � ' ' �-� ... l.. � � � , .!�""""'.�, --!--�----''-�_.'^ --'--------- MAYOR �, ATTEST: _,.����:��_ _ �.e22�__ -- CITY SE �TARY � APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY � � � �