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Home My WebLink AboutORD 1976-035 t � � ORDINANCE NO. 76-35 AN ORDINANCE AMENDING ORDINANCE N0. 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 �:.t� BEING A LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE W.D, SHEPHERD SURVEY, ABSTRACT NO. 1394 AND THE H. DECKER SURVEY, ABSTRACT NO. 438 IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COM- PLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "R-2" TWO FAMILY DWELLING DISTRICT TO "R-3" MULTI-FAMILY DWELLING 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. �,;,., � WFiEREAS, applications wc�re 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 flocd 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 .>ublic 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-crawding 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, WI3EREAS, the City Council of the City of Grapevine, Texas, does f.ind 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 wha 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, WHER.EAS, 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, �„�'s' � >>r i�r orz>»�r�r;n �Y �ri3r �, r.�i�Y cou�ac�r_r, o� �r��r cl�i�Y o� ��I:l�nr�v 1Nr, �rr y.As : � SFCTION. l . 'i'hat t:he Cii:.y of Grap�vine Ordiriance No. 70-10, being t�he C�mprehcnsive 7,oning Ordi.nance of the � _ City of Grapevi_ne, Texas , sarne beii�g also known a� Tit7_e � 10 of the City Code of Gr�,pevi.ne, `I'exas; be, and th� same is her�by ainc�nded and chaizgc�d in th�t the use of the following d�scr_ i_bed property, to-wit: � � . Metes ai�d bounds description for a 3.42 acre tract: Parts of the W. D . Shepherd Survey, Abstract No. 1394 and the H . Decker : Survey, Abstract No. 438, situated at the City of Grapevine in the northeast part of Tarrant County, Texas and embracing a portion of the 94-747 acres tract defined in the deed to Grapevine-157 Corporation recorded in voluine 5324, page 468 of the Tarrar�t County Deed Records. Comi7�ence at a 1 inch iron for the most northerly northwest corner of said 94-747/1000 acres tract and tf�e northeast corner Tract 2 defined in the deed to the Grapevine Independent Scl�ool District recorded in volume 4474, page 994 of said Deed Records and said 1 inch iron bei►�g in the south line of County �-- Road No. 3030, and then run south 89 degrees 55 minutes east, along t{�e north line of said 94-747/1000 acres tract and the south line of said County � Road No. 3030 a distance of 230 feet to the center line of a 60 feet wide street riyht of way defined in the deed to the City of Grapevine recorded in volume 5228, paye 6 of said Deed Records, a��d then run along said center line of the 60 feet wide street; south 207-78/100 feet to the beginning of a curve to the rigf�t with a radius of 8486-96/100 feet, and then along said curve to the right 399-93/100 feet to its end, and then south 2 degrees 42 minutes west 50 feet to.tl�e beginningof acurve to the left with a radius of 8486-96/100 feet, and then along said curve to the left 399-93/100 feet to its end, and then south 660-4/10 feet, and then run east 30 feet to a 1 inch iron in the east line of said 60 feet wide street for tl�e southwest and beginning corner of the tract being described. Tf�ence east, at 670 feet pass a 1 inch iron at 892 feet pass another 1 ir�ch iron and in all a distance of 937 feet to a point for corner in a line for the middle of a creek and being the southeast corner. _ Tl�ence northeasterly along said line for the middle of a creek a distance of approximately 200 feet to a point in the middle of a creek for the northwest corner with said corner being 150 feet north and 137 feet east of the southeast � corner. � Thence west 1050 feet to a point in the east line of said 60 feet wide street riyf�t of way with said point being 150 feet north of tf�e place of beginning. Thence south 150 feet along the east line of said 60 feet wide street right of way to the place of beginning and containing 3.42 acres plus or minus of which 2 .29 acres are within the W. D . Sf�epf�erd Survey and 1 .13 acres are within the H . Decker Survey ; which is presently zoned "R-2" Two Family Dwelling under Ordinance 70-10 is changed to "R-3" Multi-Family Dwelling District. SECTION 2. The City Manager i_s 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 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. PASSFD I1ND APPROVED BY TI�E CITY COUNCIL OF THE CI'i'Y OF GRAPEVINE, TEXAS, this the 23rd day of November � 1976. %$' � �.`r..� MAYOR ------ — —_._— �"' ATTEST: �•�� } CITY SE TARY (/ APPROVED AS TO FORM AND LEGALITY: ��_ � ' �� . , _ __- ..,�. _ � _----- CITY ATTORNEY .�- - �, .-0 �,,,, �