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Home My WebLink AboutORD 1974-004 ORDINANCE N0 . 74-4 AN ORDINANCE AMENDING ORDINANCE N0 . 70-10, A ZONING ORDINANCE, OF THE CITY OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON A TRACT OF LAND IN THE cSTER MOOFiE SURVEY, ABSTRACT �� N0 . 1029, IN THE CITY OF GRAPEVINE, TEXAS , �"� AND MORE FULLY DESCRIBED HEREIN; ORDERING A CHANGE IN THE USE OF SAID PR�PERTY FROM "5P" TO "SP" SPECIFIC USE PERMIT DISTRICT - FOR A CO NCRETE BATCH PLANT; CORRECTING THE OFFI- CIAL ZONING MAP ; PLACING A ONE C1 ) YEAR LIMIT ON SAID PERMIT; PROVIDING WAIVER OF FEE FOR PUBLIC HEARING; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVER- ABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN 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 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, af.fer all legal notices, require- """`"`, ments, conditions and pre-requisites having been complied with; and, �, a WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider .�he following factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrains 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 ia 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 canserve 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, a�+ ; 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 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, � � , BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS; SECTION l. That Ordinance No. 70-10� z Zoning Ordinance of the City of Grapevine, Texas passed on April '7, 1970, be, and the same is amended and changed in that the use of the following �� . described property to-witi "�' Rield notes for a tract of land in the Esther Moore Survey, . , Abstract 1029, Grapevine, Tarrant County, Texa.s. Beginning at the Southwest corner of a tract of land deeded to Billy G. Underwood as recorded in Volume 5280, Page 948, Tarrant County Deed Records; Thence, South 89° West 154 feet to an iron; Thence, North O� 23 minutes East 200 feet to an iron; Thence, North 89� 20 minutes East 154 feet to an iron; Thence, South O� 23 minutes West 200 feet to the place of beginning and containing 0.7Q acres, which is presently zoned "Sp" under Ordinance 70-10 is changed to a Specific Use Permit for a concrete batch plant� and subject to �� the requirements and conditions set out i.n Section 1-A hereof. � SECTION 1-A. That a Specific Use Permit for a concrete Batch Plant under Ordinance 70-10 of the City of Grapevine on the property described in Section 1 is hereby approved and granted upon the following described conditions: (a) Said Specific Use Pernnit shall terminate after a period of one year from the date of final passage of this ordinance. (b) Said Specific Use Permit may be extended or renewed for additonal time upon favorable action by the Planning & Zoning Commission and City Council, after a public hearing held according to the Zoning Ordinance 70-10. The regular applica- tion fee for Public Hearing will not be applicaUle to said request for time extension. (c) Al1 development within the area rezoned by this ordinance shall be in conformance with a Site Plan which has been approved "'"�" by the City Council and attached he�e to and made a part hereof. The above requirements shall not be construed as conditions �� precedent to the granting of a zoning change, but shall be construed as conditions precedent to the granting of building permits and�or certificates of occupancy. 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. �4..4 ' SECTION 4. That the zoning regulations and districts as wr�, 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 fox 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 throughou,t 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 instanaes 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 o:f 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, as provided by the Charter of the City of Grapevine, Texas, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS , this the 15th day of January , 1974. �t� �u.� ----� v MAYOFi ATTEST: . � . CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY �,;� � �...w� �