HomeMy WebLinkAboutItem 09 - Ordinance CorrectionsITEM f
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER k?/
MEETING DATE: DECEMBER 18, 2001
SUBJECT: CORRECT TYPOGRAPHICAL ERRORS
ORDINANCE NOS. 99-163 AND 2001-48
RECOMMENDATION:
City Secretary recommends the City Council adopt two ordinances correcting
typographical errors in Ordinance No. 99-163 adopted November 16, 1999 and
Ordinance No. 2001-48 adopted June 19, 2001.
BACKGROUND:
The City Council and Planning & Zoning Commission conducted a joint public hearing
on November 16, 1999, relative to Conditional Use Permit CU99-60 filed by Grapevine
Mills Mall for an amendment to the site plan approved by Ordinance No. 99-62. The
Planning & Zoning Commission (vote of 7-0) recommended approval of the conditional
use permit to relocate Anchor "A" and to relocate a 23.5 foot mall entry pylon sign. City
Council accepted the Commission's recommendation and by a vote of 6-0 adopted
Ordinance No. 99-163. The proposed ordinance correctly reflects the ordinance number
that should have been amended by the adoption of Ordinance No. 99-163.
The City Council and Planning & Zoning Commission conducted a joint public hearing
on June 19, 2001, relative to Conditional Use Permit CU01-26 filed by Baylor Medical
Center at Grapevine to amend the site plan approved by Ordinance No. 2000-118. The
Planning & Zoning Commission (vote of 7-0) recommended approval of the conditional
use permit to add a sixth floor to the five -floor facility and to locate a generator on the
lower level of the existing parking garage. City Council accepted the Commission's
recommendation and by a vote of 7-0 adopted Ordinance No. 2001-48. The proposed
ordinance correctly reflects the ordinance number that should have been amended by
the adoption of Ordinance No. 2001-48.
City Attorney John F. Boyle, Jr. advised that the public hearings were held and that the
Planning & Zoning Commission's recommendations for approval of the conditional use
permits were presented to and approved by the City Council. In order to correct the
typographical errors to the two ordinances, the City Council must now consider approval
of the proposed ordinances correcting the typographical errors. Attached are the
proposed ordinances with the corrections in bold print.
LH
December 10, 2001 (3.34PM)
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ORDINANCE NO.
u
AN ORDINANCE OF THE CITY COUNCIL OF GRAPEVINE,
TEXAS AMENDING ORDINANCE NO. 99-163 THAT APPROVED
CONDITIONAL USE PERMIT CU99-60 RELATIVE TO THE
GRAPEVINE MILLS MALL TO CORRECT A TYPOGRAPHICAL
ERROR, REPEALING CONFLICTING ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A
PENALTY NOT TO EXCEED TWO THOUSAND DOLLARS
($2,000.00) FOR EACH SEPARATE OFFENSE 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, on November 16, 1999, the Grapevine City Council adopted
Ordinance No. 99-163 approving Conditional Use Permit CU99-60 relative to Anchor "A"
of Grapevine Mills Mall amending the site plan of Ordinance No. 99-61; and
WHEREAS, the caption and Section 1 of Ordinance No. 99-163 contained a
typographical error relative to Ordinance No. 99-61; and
WHEREAS, it was the intention of the City Council to approve Ordinance
No. 99-163 that amended the site plan approved by Ordinance No. 99-62 relative to
Anchor "A" of the Grapevine Mills Mall; and
WHEREAS, the Grapevine City Council wishes to correct said typographical
error.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Ordinance No. 99-163 is hereby amended by amending the
caption in its entirety to read as follows and is deemed to be the correct caption since
the initial passage of Ordinance No. 99-163 on November 16, 1999:
"ORDINANCE NO. 99-163
AN ORDINANCE ISSUING 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
PERMIT CU99-60 TO AMEND THE SITE PLAN
APPROVED BY ORDINANCE NO. 99-64 99-62 FOR A
PLANNED 'COMMERCIAL CENTER IN EXCESS OF
1,000,000 SQUARE FEET OF GROSS LEASABLE SPACE
TO RELOCATE ANCHOR "A" AND RELOCATE A 23.5
FOOT MALL ENTRY PYLON SIGN IN A DISTRICT ZONED
"CC' COMMUNITY COMMERCIAL DISTRICT
REGULATIONS ALL IN ACCORDANCE WITH A SITE
PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 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"
Section 2. That Ordinance No. 99-163 is hereby amended by amending
Section 1 in its entirety to read as follows and is deemed to be the correct Section 1
since the initial passage of Ordinance No. 99-163 on November 16, 1999:
"Section 1. 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 Permit No. CU99-60 to amend
the site plan approved by Ordinance No. 98-61 99-62 for a planned commercial
center in excess of 1,000,000 square feet of leasable space to relocate Anchor
"A" and to relocate a 23.5 foot mail entry pylon in a district zoned "CC"
Community Commercial District Regulations within the following described
property: Lot 1, Block 1 Grapevine Mills Addition Phase 1 (3000 Grapevine Mills
Parkway) 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 "A", and
all other conditions, restrictions, and safeguards imposed herein, including but
not limited to the following: None."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
ORD. NO. 2
Section 4. 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 5. If any section, subsection, sentence, clause or phase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. The fact that the present ordinances 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 passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 18th day of December, 2001.
ATTEST:
Eeudfll
3
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF GRAPEVINE,
TEXAS AMENDING ORDINANCE NO. 2001-48 THAT
APPROVED CONDITIONAL USE PERMIT CU01-26 RELATIVE
TO BAYLOR MEDICAL CENTER AT GRAPEVINE TO CORRECT
A TYPOGRAPHICAL ERROR, REPEALING CONFLICTING
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY NOT TO EXCEED TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH SEPARATE OFFENSE 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, on June 19 2001, the Grapevine City Council adopted Ordinance
No. 2001-48 approving Conditional Use Permit CU01-26 relative to Baylor Medical
Center at Grapevine amending the site plan of Ordinance No. 2000-121; and
WHEREAS, the caption and Section 1 of Ordinance No. 2001-48 contained a
typographical error relative to Ordinance No. 2001-121; and
WHEREAS, it was the intention of the City Council to approve Ordinance
No. 2001-48 that amended the site plan approved by Ordinance No. 2001-118 relative
to the addition of a sixth floor to Baylor Medical Center at Grapevine; and
WHEREAS, the Grapevine City Council wishes to correct said typographical
error.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE,
TEXAS:
Section 1. That Ordinance No. 2001-48 is hereby amended by amending the
caption in its entirety to read as follows and is deemed to be the correct caption since
the initial passage of Ordinance No. 2001-48 on June 19, 2001:
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT
1N 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
PLAN OF ORDINANCE NO. '�flfl�v 9 424 2000-118 TO ADD A
SIXTH FLOOR TO THE FIVE -FLOOR FACILITY AND
LOCATE A NEW GENERATOR ON THE LOWER LEVEL
OF THE EXISTING PARKING GARAGE IN A DISTRICT
ZONED "PCD" PLANNED COMMERCE DEVELOPMENT
DISTRICT, "PO" PROFESSIONAL OFFICE DISTRICT
REGULATIONS AND "CC" COMMUNITY COMMERCIAL
DISTRICT REGULATIONS ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 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"
Section 2. That Ordinance No. 2001-48 is hereby amended by amending
Section 1 in its entirety to read as follows and is deemed to be the correct Section 1
since the initial passage of Ordinance No. 2001-48 on June 19, 2001:
"Section 1. 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 Permit No. CU01-26 to revise
the site plan approved by Ordinance No. 2n^�4 2000-118 to add a sixth floor
to a previously approved five -floor administration and patient facility (Baylor
Medical Center at Grapevine) and locate a new generator on the lower level of
the existing parking garage in a district zoned "PCD" Planned Commerce
Development District, "PO" Professional Office District Regulations and "CC"
Community Commercial District Regulations within the following described
property: Lot 1, Block 1, Grapevine Medical Center Addition (1650 West College
Street) 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 "A", and
all other conditions, restrictions, and safeguards imposed herein, including but
not limited to the following: None."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
ORD. NO. 2
Section 4. 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 5. If any section, subsection, sentence, clause or phase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. The fact that the present ordinances 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 passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, on this the 18th day of December, 2001.
ATTEST:
APPROVED AS TO FORM:
ORD. NO. 3