HomeMy WebLinkAboutORD 1988-082 ORDINANCE NO. 88-82
AN ORDINANCE AMENDING 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 OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE ON
A TRACT OF LAND DESCRIBED AS BEING A LOT,
"'�"' TRACT, OR PARC�L OF LAND LYING AND BEING
SITUATED IN DENTON COUNTY, TEXAS, BEING A
PART OF THE B.B.B. & C.R.R. SURVEY, ABSTRACT
NO. 145, THE H. TURNER SURVEY, ABSTRACT
NO. 1248 , AND THE PETER HARMONSON SURVEY,
ABSTRACT NO. 530 IN THE CITY OF GRAPEVINE,
DENTON COUNTY, TEXAS, MORE FULLY AND
COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM "R-20" SINGLE-FAMILY
DISTRICT REGULATIONS TO "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS AND "PID"
PLANNED INDUSTRIAL DEVELOPMENT DISTRICT;
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
A ZONING CHANGE AND AMENDMENT THEREIN MADE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2 ,000 . 00) FOR
EACH OFFENSE AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH
AN OFFENSE OCCURS OR CONTINUES; DECLARING AN
��,y� EMERGENCY AND PROVIDING AN EFFECTIVE DATE
�. WHEREAS, applications were made to amend the Official Zoning
Map, City of Grapevine, Texas, by making applications for same
with the Planning & 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 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 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 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 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 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, 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 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 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 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 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 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 1 . That the City of Grapevine Ordinance No. 82-73,
being the Comprehensive Zoning Ordinance of the City of
Grapevine, Texas, same being also known as Appendix "D" of the
City Code of Grapevine, Texas, be, and the same is hereby amended
and changed in that the use of the following described property,
to-wit:
�„� Being a tract of land out of the B.B.B. & C.R.R. Survey,
Abstract No. 145 , the H. Turner Survey, Abstract No. 1248 and the
Peter Harmonson Survey, Abstract No. 530 in the City of
Grapevine, Denton County, Texas, more fully and completely
described in Exhibit "A" , attached hereto and made a part hereof,
which was previously zoned "R-20" Single-Family District
Regulations is hereby changed to "CC" Community Commercial
District Regulations and "PID" Planned Industrial Development
District, in accordance with Comprehensive Zoning Ordinance
No. 82-37 , as amended.
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 zoninq.
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 requlations 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 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 o an
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 or corporation who shall violate
any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
build or alter any building or use in violation of any detailed
statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more
than two thousand dollars ($2, 000. 00) , and each day such
violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises, or
part thereof, where anything in violation of this ordinance shall
be placed or shall exist, and any architect, builder, contractor,
agent, person, or corporation employed in connection therewith,
and who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and upon
conviction shall be fined as herein provided. The City of
Grapevine, likewise, shall have the power to enforce the
provisions of this ordinance through civil court action as
provided by state law.
� 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 is
accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the ��_ day of November , 1988 .
APPROVED:
Mayor
ATTEST:
�
C Secreta y
APPROVED AS TO FORM AND LEGALITY:
City Attorney
��.x.�M�
��.�
�
EXHIBIT "A" , PAGE 1
TO ORDINANCE NO. 88-82
DESCRIPTION I
9.3545 ACRE TRACT �
for "CC" Caranunity Ccrrmercial Zoning
Q;,., :, BEING a tract of tand situated in the 8.8.8. $ C.R.R. Survey Abstract
No. 145, Denton County, Texas, and the T.W. Cousy Surv�y Abstract No.
317 Dallas County, Texas, in the City of Grapevine ; and being a part
of those certain tracts conveyed to E-Systems, Inc,, pool Trust as
"�"""" recorded in Volume 83235 Page S0p5 and Volume 84014 Page 3575 Deed
Records Dallas County, Texas, County Clerks No. 3391 Deed Records
Denton County, Texas and Volume 7723 Page 289 Deed Records Tarrant
County, Texas; and being more particularty described as follous:
�OMMENCING at a point in the Northvest line of State Mighuay No. 121
(Variable uidth ROu), said point being the intersection of said
Northvest line uith the Southaest line of a tract conveyed to Date L.
Hill, Trustee as recorded in Volume 831G3 Page 3449 Deed Records Dallas
County, Texas; said SouthWest line also being the Northeast tine of e
tract conveyed to 519 Grapevine Joint Venture as recordcd in Volume
8403G Page 0155 Deed Records Dallas County, Texas; .Thence North
49'28 09" uest, a;ong said common tine +cr a d�stance ot 273.27 ft. to
a point, said point be�ng or, tne comrr�on tine betueen said T.U. Cousy
Survey anC said B.B.B. $ C.R.R. Survey, said common l�ne also being
the old North line of Dat:as founty and the old South lire of Denton
County; said point also being the POINT OF BEGINNING:
THENCc Nor;h 88'34'2g" Vest, atong said common ;ines, for a distance of
10SC.38 ft. to a point for corner;
THENCE North 46'S7'2?" East, departing satd common t�nes, for a
d�stance of 32g.24 it to a point for the beginn;ng of a
cirr��dr eurve to the rtght;
THENCE aiong sa�d c�rcu,ar curve to the right, having a centra: an9�e j
of 10'G6'3i", a �3d�us c' 96� 00 tt., and a tangent tength of I
9C.54 ft., for an arc lengtn of 18G.54 ft. to a pcTnt ot �I
tangency;
THENCE North 57'41'j9" East, for a distance of 506.�6 ft. to a pcir,-
fcr corne� on the Sou;h line a tract conveyed to the City of
Gra�evine for Park p�r�ses as recorded in the Deed Records of
Dailas County, Texas;
THENC"c South 46'32 53" East, aton9 sa�a South �ine, i�r a d�stance of
44.3? ft. to a point for corner;
TMENCE South 7"57�5��� East, cont+nu�ng a�ong said South tin�, fp� a
dis:ance of 223.39 ft. to e point for corner on the East line
of said 519 Grapevine Joint Venture tract;
THENCE South 01'25'30" Nest, along said East tine, for e distance of I
521.86 ft, io the POlNi OF BEGINNING and containing 9.3545
Acres (G07,481 Sq. ft.) of land_
,�;:; .
v�,;.,.
', EXHIBIT "A" , PAGE 2
', TO ORDINANCE NO. 88-82
', oEsc�:Pr;oN \
, . 67.?159 ACRE TRACT I
� for "PID" Planned Commercial Development Zon' ng
I BEING a tract of �and situated in the H. Turner Survey Abstract No.
' 1248, the Peter Harmonson Survey Abstract No. 530, and the B.B.B. 8 �' '*
', C.R R. Su�vey Abstract No. 1G5 in 2he City of Grapevine, De�ton
', tounty, Texas, and the T.U. Cousy Survey Abstract No. 317 Dallas
I County, Texas; and being a part of those certain tracts conveyed to E-
', Systems, Inc., Pool Tr�„st as recorded in Volome 83235 Page 50p5 and
I Volume 8G0�4 Page 3�'� Deed Records Dailas County, Texas, County Clerks
' No. 3391 Deed Reccrds Denton County, ?exas and Vo;ume 7723 Dage 2E9
, Deed Records Tarrant County, Texas; and being ;nore particularly
', described as follors
I COMMENCING at a po�nt in the Ner,huest line of State H�ghway No. 12'
�i (Var�able Uidth ROW), sa�d poiot being the ��tersection oT said
I Northwest line .�tn the Southuest line of a tract conveyed to Dale L.
I� Nitt, Trustee as recorded in Volume 83�43 Page 3449 Ceed Records Dallas
I County, Texas; said South�est line also be�ng the Norcheast line of a
I tract ccr,�eyea ta 519 Grapevine Joint Venture as recorded in Volume
84034 Page 0155 Deed Recoros Callas County, Texas; Thence Nortn
49'2E'09" uest, along said common line for a qistance of 273.27 ft. to
a point, said point being on the common line be:ueen said T.u. Cousy
Survey and said B.B.E. & C.R.R. Survey, saia common line also being
the old North l�ne of Oat;as [ounty and the ola South line of Denton
County; Thence Nor;r. 88'34'28" uest, along said ccmmon lines, for a
dtstance of 1050.3& ft. Lo the POI4T OF BEGINNING:
THENCE North 88'34'28" uest, continuing along said cammon lines, tor a
e�«�
d�stance of 1490.49 ft. to a point for corner on the South line
of a tract conveyed to the City of Gra�e�ine for Park purposes
as recerded in the Deed Records of Dallas County, Texas; , .
THENCE North 19'22'20" East, along said South line, for a dis:ance of
287.32 ft. to a point for the beginn�ng of a circular curve to
the left;
THENCE continuing aiong said South l�ne uith said circular curve to the
left, having a central angle of 03'40'OC", a radius of 1690.00
ft., and a tangent le�gth of 54.09 ft., for an arc length of
10E.15 ft. to a point of tangency;
II THENCE North 15'42'2Q" East, continuing along said South line, for a
I distance of 770.GC �t. io a point for the beg�nning of a
', Circular'w rve to tne rignt;
�, THENCE continuing along said South line with sa�d c�rculer curve to the
'� right, having a centrol angle of 24'45'00", a radius ot 355.00
�i ft., and a tangent length of T7.89 ft., for an arc length of
i 153.35 ft. to a point of tangency;
i� tME�+� Horth �0'2? 2C" East, con:�nu�ng atong said South line, for a
� d�sta�ce of 30C�-00 ft. to a point for the beginning of a
', cir w la� cur„e te the r,�ht;
��,. .,�wa;, .
I 'HEY G cont�nu;n9 a.on� said South ttne uith said circular curve to the
i rignt, ha�ing a crntral ang,e of 67'45'00", a radius of 195.00
� tt., and a tangent length of 130.91 ft., for an arc leng:h of
230.58 tt, to a pcint of tangency;
THENCE So�th 71'�7'40" East, continuing along said South line, for a
distance of 1;�.G0 ft. to a point for the beginning of a
circular c�rve to the right;
EXHIBIT "A" , PAGE 3
TO -ORDINANCE NO. 88-82
� THENCE continu�ng alcng said South line uith said circular curve to Che
right, hav�ng a central angle of 24'45'00", a radius of 350.00
ft., and an tan5ent leng;h of 76.�9 ft., for an arc length of
�4.�,,:.w
151.19 ft. to a point ot tangency;
THENCE South G7'02'40" East, continuing along said South line, for a
distance of 863.96 ft. to a pcint for corner;
TMENCE South 07'45'S5" East, cont�nuing along said South line, for a
distance of 335.61 ft. to a point for corner;
THENCE South 34'41'43" East, continuing along_said South line, for a
distence of 237.17 ft. to a po�n; for corner;
TNENCE South 22'37'12" East, continuing along said South line, for a
distar,ce oi 65.00 ft. to a point for corner;
TMENCE Sou!h 40'32'S3° East, continuing along said South line, for a
d�stence of Sc.56 ft. to a point for corner;
THENCE Sout^ 57'41'S9" uest, depart�ng said South line, for a d�stance
of 506.'16 ft. to a point for ,he begimm�g of a circular w rve
to the left;
THENCE along said c�rw lar curve to the left, having a central angle of
' 10'46'3^", a radius of 96C.00 ft., and a tangent length of 90.54
�t., *or an arc length of 180.SG ft. to a point of tangency;
�..,.
THENCE South 46'S7"21" uest, for a dlstance of 329.24 tt. to the POINT ,
OF BEGINNIHG and conta�m ng 67.1159 Ac�es (2,923,569 Sq. Ft J
of land
�,.;:1