HomeMy WebLinkAboutORD 1989-091 ORDINANCE NO. 89-91
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT
IN ACCORDANCE WITH SECTION 48 OF ORDINANCE
N0. 82-73 , THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS SAME BEING
ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE,
BY: (1) GRANTING A WAIVER TO SPECIFIC
�* REQUIREMENTS OF SECTION 47E. 2 OF ORDINANCE
NO. 82-73; (2) AMENDING THE SITE PLAN
APPROVED BY ORDINANCE NO. 79-70 AND (3)
;,� GRANTING A CONDITIONAL USE PERMIT FOR THE
POSSESSION, STORAGE, RETAIL SALE AND
ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES
(MIXED BEVERAGES , BEER AND WINE) IN
CONJUNCTION WITH THE OPERATION OF A
HOTEL/CONFERENCE CENTER IN A DISTRICT ZONED
"GU" GOVERNMENTAL USE UNDER CITY OF
GRAPEVINE ORDINANCE N0. 82-73 ALL IN
ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT
TO SECTION 47 OF ORDINANCE N0. 82-73 AND ALL
OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS
IMPOSED HEREIN; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF
THE ZONING ORDINANCE; PROVIDING A CLAUSE
RELATING TO SEVERABILITY; DETERMINING THAT
THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2, 000 . 00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
� � EMERGENCY AND PROVIDING AN EFFECTIVE DATE
�
WHEREAS, an application was made requesting issuance of a
conditional use permit by making applications for same with the
Planning & Zoning Commission of the City of Grapevine, Texas, as
required by State statutes and the zoning ordinance of the City
of Grapevine, Texas, and all the legal requirements, conditions
and prerequisites having been complied with, the case having come
before the City Council of the City of Grapevine, Texas, after
all legal notices requirements, conditions and prerequisites
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 this
requested conditional use permit 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 contral; 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
locating 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 overcrowding of the land; the effect on the
concentration of population; the effect on the transportation,
water, sewerage, schools, parks and other 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 conditional use permit
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 overcrowding of the land, the
�* effect on the concentration of population, the effect on the
transportation, water, sewerage, schools, parks and other public
facilities; and
�
WHEREAS, after a public hearing having been conducted, the
City Council finds and concludes that the information submitted
with the application is sufficient to determine that the proposed
building, structure, use, development or activity will comply
fully with all applicable ordinances and master plans and that
the proposed use, development or activity will not have a
substantial impact on adjacent and surrounding areas for purposes
of granting a waiver under Section 47F. of Ordinance No. 82-73 to
specific requirements of Section 47E. 2 of Ordinance No. 82-73;
and
WHEREAS, all of the requirements of Section 48 of Ordinance
No. 82-73 have been satisfied by the submission of evidence at a
public hearing; and
WHEREAS, the City Council further considered among other
things the character of the existing zoning district and its
peculiar suitability for particular uses and with the view to
conserve the value of buildings and 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 granting of
,,,�, this conditional use permit, that the public demands it, that the
public interest clearly requires the amendment, 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
WHEREAS, the City Council of the City of Grapevine, Texas
does find that the conditional use permit lessens the congestion
in the streets, helps secure safety from fire, panic and other
dangers, prevents the overcrowding 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
conditional use permit 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 the issuance of this conditional use permit
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 1 . That the above premises are found to be true and
correct and are incorporated in the body of this ordinance as
though fully set forth herein.
Section 2 . That the City Council hereby grants a waiver to
specific requirements of Section 47E. 2 of Ordinance No. 82-73 as
follows:
(a) All final environmental assessments and environmental
impact statements for the proposed building, structure,
use, development or activity if either or both are
required pursuant to state or federal law, including
but not limited to the National Environmental Policy
Act (as amended) .
(b) Copies of all studies or analyses upon which have been
based projections relied upon by the applicant of the
,�■* need or demand for the proposed building, structure,
use, development or activity, together with copies of
all studies or analyses upon which the applicant has
� relied in selecting a location for the proposed
building, structure, use, development or activity over
alternatives thereto;
(c) A description of the present use, assessed value and
actual land value of land which will be used or
adversely impacted by the proposed building, structure,
use, development or activity and by each alternative
thereto considered by the applicant, together with a
description of the expected future use of all such
land, including all long-term plans and master plans
for the future use or development of the applicant
affecting such land;
(d) A description of the applicant' s ability to obtain
needed easements (including but not limited to those
necessary for drainage, waste disposal, utilities, and
avigation) for the proposed building, structure, use,
development or activity and for each alternative
thereto considered by the applicant;
(e) A description of the feasibility and costs of any
� ' necessary removals of or modifications to residential,
commercial and public structures in connection with the
;��, proposed building, structure, use, development or
activity and with each alternative thereto considered
by the applicant;
(f) A description of all special construction requirements
for the proposed building, structure, use, development
or activity and for each alternative thereto considered
by the applicant, including descriptions of special
geologic features and availability of special materials
needed for construction;
(g) A description of the effect on airport access and
egress of the proposed building, structure, use,
development or activity and of each alternative thereto
considered by the applicant, including projections of
future ground traffic, traffic impact surveys,
descriptions of existing access and egress routes,
descriptions of necessary or proposed expansions or
enlargements of routes and parking areas;
(h) If the proposed use or activity will result in
increased noise levels, a description of the noise
""�" levels expected to be generated by or in conjunction
with the proposed building, structure, use, development
or activity upon commencement of operations and during
� each fifth year thereafter over the projected life of
such building, structure, use, development or activity,
including (1) maps showing projected 55, 60 , 65, 70,
and 75 Ldn noise contours and (2) hourly data showing
the projected geographical distribution and duration of
any single noise events in excess of 65 , 75, 85 and
95db;
(i) Copies of all studies undertaken or considered by any
local, state or federal agency in connection with the
proposed building, structure, use, development or
activity and each alternative thereto considered by the
applicant.
Section 3 . That the City does hereby issue a conditional
use permit in accordance with Section 48 of Ordinance No. 82-73 ,
the Comprehensive Zoning Ordinance of the City of Grapevine,
,.� Texas same being also known as Appendix "D" of the City Code, by
granting conditional use permits for: amendments to the Site Plan
for Ordinance No. 79-70 , as shown on the attached Exhibit "A";
�, for the possession, storage, retail sale and on-premise
consumption of alcoholic beverages (mixed beverages, beer and
wine) in conjunction with the operation of a Hotel/Conference
Center under City of Grapevine Ordinance No. 82-73 within the
property described in Exhibit "B" , attached hereto and made a
part hereof in a district zoned "GU" Governmental Use, all in
accordance with a site plan approved pursuant to Section 47 of
Ordinance No. 82-73 , attached hereto and made a part hereof as
Exhibit "C" , and all other conditions, restrictions, and
safeguards imposed herein: None.
Section 4 . The City Manager is hereby directed to amend the
official zoning map of the City of Grapevine, Texas, to reflect
the herein conditional use permit.
Section 5. 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 6. That the zoning regulations and districts as
"�' herein established have been made in accordance with the
comprehensive plan 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 overcrowding of land, to avoid undue
concentration of population; facilitate the adequate provisions
of transportation, 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 7 . 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 8 . 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 9 . Any person violating any of the provisions of
this ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fined in a sum not to exceed Two
Thousand Dollars ($2, 000 . 00) and a separate offense shall be
deemed committed upon each day during or on which a violation
occurs or continues.
Section 10 . The fact that the present zoning ordinance and
regulations of the City of Grapevine , Texas are inadequate to
properly safeguard the health, safety, morals, peace and general
welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the public
business, property, health, safety and general welfare of the
public which requires that this ordinance shall become effective
from and after the date of its final passage, and it is
accordingly so ordained.
�
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
;�, GRAPEVINE, TEXAS on this the 19TH day of December , 1989 .
APPROVED:
�Tilliam D. Tate
Mayor
ATTEST:
�
Lin a Huff
City Secretary
APPROVED AS TO FORM AND LEGALITY:
�
�
John F. Boyle, Jr.
City Attorney
�
�.
EXHIBIT "A" TO
ORDINANCE NO. 89-91
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1.TRAINING CENTER ENTRANCE �� � � r,' .
2.TRAiN�NGCENTER ��'� �"''- .'..."'""""- ' ,
3. RECREATION CENTER !� ,� ���
♦. DATA CENTER � �� . '
5.CENTFAL ENERGV PLANT � � � � 'S
�. 8.WORLD HEADOUARTERS ENTRANCE ' . . ' .. `,, . /
7. WOi7LD HEAOOUAR7ERS BLDG. ' /
!.FUTUREOFFICEBUILOING Property to be rezoned: • � /
9. FUTUHE PAHKING STRUCTURE .
� 10.BUtIDING SERVICE AFEA . � /
12.UKEINGSTRUCTURE . �1� First level of building �
/7.S�N�MMINGPOOI designated 4, 5 • S«�N .
11. PICNIC AREA j• . �
15.SOCCER.$OFTBALL.TRACK
16. MANDBAIL COURTS
17. TENNISCAURTS (Z) Rooms B320 & B321 in the � � ' """
1B.GOLF COURSE
� tp. F�IGMT SIMUU(OR CENTER Center Of areas des ignafed ,�' �Z�
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EXHIBIT "B" TO
ORDINANCE N0. 89-91
C.l���—l � LEG)1L DESCR.I PTI ON — TRACT 1
, BEING A 77 _ 06 ACRE TRACT' OF LAND SITiIATED IN T'FiB MORGIIN �
AOOD SURVEY, AI3STRACT NO. 69 8 AND TF� S.E. CI�RY BEI��•
� J�BSTRACT NO. 3 2 3 TA,FZRI�NT COUNTY, T'EXJ1S, TND 1�I.S�
PNtT OF Tf� DJ\I.IJ1S[FORT WOR'1'F� AIRFORT PROPERTY, 11ND
� DEING HORE PARTICUL]�FtLY DESCRIBED AS FOLLC74�lS:
TRI�CT 1 — "PREMISES"
'�""" COt�4�iENCING AT AIRPORT REFERENCE POINT"WfIICH IS LOCAT�
AT TgXJ�S I,]�MBERT COORDINAT`ES OF NORTA 4 47,8 S 6 .0 d AND
E1�ST 2, 14 0, 9 91. 4 6 11ND I S TFiE B11SI S OF A PLAttE GRI D
ESTI�BLISHED FOR Z'HE D1�LI.A-S/FORT WORTH AIRPORT.
T'1iENCE NORTH 3158.78 FEET;
THENCE WEST 9316. 46 FEET TO T'fIE TKUE POINT �F BEGINNING;
TfiENCE £l�ST A DISTANCE OF 1203 .14 FEET TO A POINT%
� T�iE2iCE SOUT�� 45 DEGREES 00' 00" E115T A DISTJINCB OF 889.52 .
� gg,ET TO A POINT FOR BEGINNZNG OF A CURVE TO TSA R��T
H1IVZNG A RI�DIUS OF•: 402_46 FEE'r; �
THENCE ALONG SAID CURVE THROUGA A C�T�lIL�G��0�45
� DEG�S 00' 00" A DISTANCE OF 316 .00 FP.ET
( Z'HENCB SOUTA 962.98 FEET TO A POINT;
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,w�, TfiENCE SOU7'E 45 DEGREES 00' 00" WEST A DISTI�NC$ OF 863.96
FL,ET TO A POINT;
"�'" TFiENCE NORTH 41 DEGREES 11' 00" WEST A DISTANCB OF
2033. 63 FEET TO A F�INT%
TFiEziCE NORTII A DI STIINCE OF 9 6 5.9�� ���OR F
BEGINNING 1�ND CONTAINING 77.06 A
LESS-
. 1�I..L BEl1FZINGS 1�RE B11SED ON THE PLANE��INOT TR[TB BSP,IIRIN£OR .
THS DALL?�.S I FORT FTORTH 1lI RPORT AND
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