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HomeMy WebLinkAboutORD 1973-036 ORDINANCE NO. 73-36 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, A ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON TWO TRACTS OF LAND IN THE B.B.B. AND C.R.R. COMPANY SURVEY, ABSTRACT NO. 205, ��T THE „���. CITY OF GRAPEVINE, TEXAS, AND MORE FULLY DESCRIBED �� HEREIN; AND ORDERING A CHANGE IN THE USE OF SAID PROPERTY: TRACT (A) FROM "R-1" TO "C-2" COMMUNITY BUSINESS DISTRICT; TRACT (B) FROM "R-1" TO "C-2" COMMUNITY BUSINESS DISTRICT; CORRECTING THE OFFICIAL 7ANING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMt1ND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN ENIERGENCY. ��,,,,, �.. . a�.� WHEREAS, applications were made to amend the Official Zoning �iap, City of Grapevine, Texas , by making applications for same with the Planning ai:d 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 �vith, the case having come before the City Council of the City of Grapevine, Texas , affer 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 whethez 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 in making a determination as to whether this requested change shouid 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, Wi�EREAS, 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 �vhich existed at the time their original investment v�as 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 ; p�omotes health and the general �velfare; 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 th� property requested for a change since this property w�s originally classified and therefore feels that a ch�nge 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 �F GRAPEVINE, TEXAS: SECTION 1. That Ordinance No. 70-10, a Zaning Ordinance of tt�e City af Grapevine, fiexas, passed on April 7, 1970, be, and the same is amended and changed in that the use of tlae following described property, �o-wit; -��� Survey and fiel.d notes for two tracts of land out of the B,B.B. and C.R.R. Company Survey, Abstract Na. 205, in the City of �,, Grapevine, Tarrant County, Texas, and more particularly a partion of a txact of land conveyed ta Charles M. Hudgins and recorded in Valurne 1145, Page 504, D.R.T,G.T. , and described by metes and bounds as follows: TRACT (A) : BEGINNING at an irc�n pin in the West R.O.W. line af �tate • Highway No. 114 and the South line of Hudc�ins Ave. (Caunty Road No. 31.27) said point being 1532.p feet West and 31 .9 feet South af the Nartheast corner of said B,B.B. and C.R.R, C€�mpany Survey; THENCE S. 134 58x E. along said West R.O.W. 2�.4 fee�C to an iran pi.n in the West R.O.W. la,ne of Laop Highway No. 382 ; THENCE 5. Qt}° 49' W. along said West line, 171 .b feet to an iron pin at the most Easterly Northea�t corner of a 6,8 acre tract of land recorded in Valume 2233, Page 167, �,R.T.C.T. ; THENCE S. 64° 11' W. 249.6 feet to an irar� pir� fox cc��cner; THENCE North, 349,5 feet to ar� iron pa.n in t�e South line of Hudgins Ave, , saicl point being the most Northerly Northeast � corner af said 6.8 acre tract; THENCE S. 89� 52' E. along the South line of Hudgins Ave. , � 218.4 feet ta �he FOINT OF BEGINNING and containzng 1.31 acres ��:<� of land; which is pxesently zoned '�R-1" under prdinance No, �0-IO, is changed to "C-2" Gommunity' Business Distarict. TRA.CT (B) : BEGINNING at an iron pin in the Sauth Iine of Hudgins Avenue {County Road No. 312?} , said poin� being 1825.0 feet West and 31.9 feet South of the No�theast corner of said B. B.B. and C. R.R. Company Survey; said point also being the mast Northerly Northwest corner af a 6.8 acre tract af I.and recorded in Volume 2233, Page 167, D.R.T.C.T. ; THENCE along the West and South lines of said b.8 aere tract as fallows: South, 34b.0 �eet to arn iron pin for corner; S. 64� 11 � W, �.30.66 �'eet to an iron pin for corner; S. 24�' 20' W. 431 .p feet to an iron pin far corner ; c S. 8�° 00' E. 600.C? feet to an iron pin at the Southeast corner of said tract and being the West R.O.W. line of Loop Highway � `� No. 382; � THENCE S. 00° 17T W. along said West line 188,6 feet to an iron pin for corner; THENCE S. 00° 08' W. aiong said West l.ine 33Q.1 feet to a concrete mcanument for corn;er; fiHENCE N. 89° 17' W. '794.3 feet ta an iron pin far corner ; THENCE N, 00° 18' E. 1409.8 feet to an iron pin in the South line of Hudgins Aue. ; THENCE S. 89� 52� E. a.long saa.d South line 492.8 feet to the Pt}INT OF BEGINNING and containing 17.6b acres af 2and. which a.s presez�tiy zoned ��R-1�� under Ordinance No. �0-�O, is � changed to t'C-�2': Cc�mmuni�y Business District. SECTION 2. The City Manager is hereby dixected to correct the official zoning map of the City of Grapevine, Texas, to reflect the herein change in zoning. SEGTION 3. That in all other xespects the use of the tract or tracts af land herein abave described shall be subject to all the applicable regulations contained in said City of Grapevine xonin g ordinance and all other applicable and pertinent ardinances of the City af Grapevine, Texas. _�"^ � SECTION 4. That the zoning regulations and districts as hezein established have been made in accozdance with the comprehensive plant far the purpose of pramoting health, safety, morals and the general welfare of the community. They have been designed, with xespect to both present conditions and the conditi.ons reasanably anticipated to exist in the foreseeable future, to lessen cangestion in the streets; to secure safety fram fire, panic, fload and other dangers; pravide adequate light and air; �c� prevent over-crowding af land, to avoid undue concentration of population; fa�ilitate the adequate pxovisions of trans- , partati.on, water, sewerage, drair�age and surface water, parks and ather public requirements, and to make adequate provisions for the normai husiness, commercial needs and development of the community. They have been; made with reasonable consideratian, a�nang other th�.ngs of the character of the district, and its peculiar suitability for the particular uses ar�d wzth a view of conserving the value af buildings and encouxaging the most appropriate use of land throughout the cammunity. '� SECTION 5. Thi.s ardinance shall be cumulative t�f all � other ordinances of the City of Grapevine, Texas, affecting zoning and sha11 not �repeal any of the pxovisions of said orda.nances except i.n those instanoes wheace pxovi.sions of those ordinances which are in direct conflict with the pravisions of this ordinance. SECTION 6. That the terms and provisions of this ordinance shal.l be deemed ta be severable and that if the validity of the zoning affecting any portion of the tract ar tracts of land described herein shall be declared to be invalid, the same shall not affect the val�.dity of the zo�ing of the balance of the tract ox tracts of land described herea.n. SECTION 7. That any person, firm or corporation violating any of the terms and pxava.sians r�f this orda.nance shall be subject to the same penalties pravided far in Ordinance No. 7p-1C}, Zoning Ordinance af the Cxty of Grapevine, Texas. SECTI{}N 8. The fact that the present zoning ord%nance �� and rec�ulations o� the City af Grapevine, Texas , are � inadequate to properly safeguard the health, safety, , moxals, peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the imanediate preservatian of the public business, property, hea.lth� safety and general welfare of the public which requires that this ordir�ance 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 �o ardained. PASS�D AND APPROVED BY THE CITY COU�CIL OF THE CITY OF GRAPEVINE, TF.JCAS, this the 4th day of September, 1973. � r � MAYt?R ATTEST: � � ,..�....:...r.� '_.. : �.=..� CITY SECRETARY �� APPROVED A5 TO FORM AND LEGALITY: CITY ATTORNEY 1�;..F�.