HomeMy WebLinkAboutORD 1994-056 ORDINANCE NO. 94-56
�.�
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 ZONING CHANGE Z94-08 ON A
TRACT OF LAND DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT
REGULATIONS TO "HCO" HOTEL CORPORATE OFFICE
DISTRICT REGULATIONS; 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 AMENDMENTTHEREIN
MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED
�,.Y..�. 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 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
�. ,.
reasonabiy 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 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, the 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 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:
ORD. N0. 94-56 2
,. ..
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
�A ,{ hereby amended and changed by Zoning Application Z94-OS to rezone the following
described property to wit being a 4.204 acre tract of land being replatted from
portions of Lots 1 and 2, Block 52, and Lot 1, Block 53 Original Town of Grapevine:
platted as Lot 1, Block 1, OmniAmerican Federal Credit Union Addition, more fully and
completely described in Exhibit "A", attached hereto and made a part hereof, which
was previously zoned "PO" Professional Office District Regulations to "HCO" Hotel
Corporate Office District Regulations, all in accordance with a concept plan approved
pursuant to Section 45 of Ordinance No. 82-73, attached hereto and made a part
hereof as Exhibit "B".
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 ordinances and all other applicable and pertinent
ordinances of the City of Grapevine, Texas.
Section 4. 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 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 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.
ORD. NO. 94-56 3
Section 7. 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 (52,000.00) and a separate offense shall be
�,.::�
deemed committed upon each day during or on which a violation occurs or continues.
Section 8. That this ordinance shall become effective from and after the date
of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on first reading on this the 19th day of July , 1994.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the 2nd day of
August , 1994.
�----�
APPROVED:
` William D. Tate
Mayor
�,.,,
ATTEST:
Lin Huff
City Secretary
APPROVED AS TO FORM:
- --- �--- _
��_--�'':' "%��--Z �
John F. Boyle, Jr.
City Attorney
,,�
ORD. N0. 94-56 4
� OWNER' S CERT I F I CATE ��/,��;�
�
S i AT� OF TEXAS ) � � �',�..���L.�ti1���
COUNTY OF TARRANT ) �����i
°' EREAS, OMNI AMERICAN FEDERAL CREDIT UNION, CARLTON D. PITTARO, JOE L. WRIGHT
D BABYLON INC. ARE THE OWNERS OF A 4. 204 ACRE TRACT OF �ANO IN THE W M. DOOLEY
RVEY, ABSTRACT N0. 422, SITUATED IN 7HE CITY OF GRAPEVINE, TARRANT COUNTY,
XAS AND BEING THOSE TRACTS OESCRIBED IN YOLUME 388/218, PAGE 98, VOLUME
+��8/ 180, PAGE 76. VOLUME , PAGE , VOLUME 5777, PAGE 841, VOLUME 7153,
PAGc 1859 AND VOLUME 7577. PAGE 709 OF THE OEED RECOROS OF TARF2ANT COUNTY, TEXAS -�� '
AND BEING MORE PARTICULARLY DESCRIBED BY METES ANO BOUNOS AS FOLLOWS�
BEGINNING AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF NASH
STREET ( 50' WIDE RIGHT-OF-WAY) WITH THE EASTERLY RIGHT-OF-WAY LINE OF MAIN
STREET'( 100' WIDE RIGHT-OF-WAY), SAI� POINT BEING THE SOUTHWEST CORNER OF
�OT 1, BLOCK 1, CARSWELL FEDERAI_ CREDIT UNION, AN ADOITION TO THE CITY OF
GRAPEVINE AS RECOROED IN VOLUME 388/218. PAGE 98. SAID COUNTY RECORDSs
THENCE N00° 1 0' 49"W, 435. 59 FEET A�OIVG THE EASTERLY R I GHT-OF-WAY l I NE OF
SaiO MAIN 5'iREET TO THE BEGINNING OF A NON-TANGENT CURVE TO THE RIGHT,
THENCE 27. 27 FEET ALONG THE ARC OF SA�� NON-TANGENI CURVE TO THE RIGHT
TfiROUGH A CENTRA� ANGLE OF 39° 03' S5", A RADIUS OF 40. 00 FEET AND A LONG
CHORD OF N67°36' 1 3"E, 26. 75 FEET TO A PO I N i I N THE SOUTHERLY R I GHT-OF-WAY
LINE OF DALLAS ROAD ( 90' WIDE RIGHT-OF-WAY)�
T4ENCE N86°21' 38"E. 1 78. 35 FEET ALONG SA 10 SOUTHERLY R i GHT-OF-WAY L i NE;
1 HENCE SO 1°09' 02"W, 126. 85 FEETr
1 HENCE S89°49' 09"E. 73. 03 FEET TO THE SOUTHEAST CORNER OF B. 0. COX TRACT
AS RECOROED IN VOLUME 1679, PACE 277. AND VOLUME 2338, PAGE 137;
THENCE N00°47' 32"E. 95. 46 FEET. ALONG THE EASTERLY L I NE OF SA I D 8. 0. COX
� ACT; - • .
ENCE S89° 12' 28"E. 2. 00 FEET CONT I NU I NG AIONG SA I D EASTERLY L I NEi
�: ,�
THENCE N00°47' 32"E. 36. 35 FEET CONTINUING ALONG SAID EASTERLY IiNE TO A
POINT IN THE SOUTHERLY RIGHT-OF-WAY LINE OF DAL�AS ROAO�
THENCE N86°21' 38"E, 1 38. 10 ��ET;
TNENCE 500° 12' 09"E. 1 90. 94 FEET TO THE NORTHWEST CORNER OF �OT A, HASTEN
AOOITION AS RECORDED IN VOLUME 388/58. PAGE 923. SAID COUNTY RECOROS;
THENCE S00°02' 00"W, 296. 10 FEET ALONG THE WESTERLY LINE OF SAID LOT A
HASTEN ADDITION TO A POINT IN 7HE NORTHERLY RIGHT-OF-WAY LINE OF NASH
STREET: •
THENCE N87°43' 30"W, 1 20. 00 FEET ALONC SA I 0 NORTHERLY R I GHT-OF-WAY � i NE;
THENCE N00°00' ?5"E, 5. 00 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
LINE: '
THENCE N87°43' 30"W. 83. 09 FEET CONT I NU i NG ALONG SA I U NORTHERLY R I GiiT-aF-
waY LINE;
THENCE S00°02' 00"W. 5. 00 FEET CONTINUING ALONG SAID NORTHERLY RIGHT-OF-WAY
�I NE� �
THENCE N87°43' 30"W. 21 1. 21 FEET CONT I NU I NG ALONG SA I D NORTHERLY R I GHT-OF- �
�Y LINE TO THE POINT OF BEGINNING AND CONTAINING 4. 204 ACRES OF LAND.
� . �k%� Q���
EXHIBIT TO
. Page _._L_ of _.L-_
" i
t 8 m � �
svxat'�ution iaoa.svnva � s� m � �
. . .. : . .saoia�.�.r+�.�r+wrma.3anuauH�uv. . . . . � � � � 3 � m �
�� ������� � a1�l�l I 111111 I I I 11 l�I�l$1 �
° � �
� o
� P, � -i : b
L'�i Q ret�N"' :„ _ � � .�z�� � � u,�y p o
�..�.i O �r � �S:~~ S'qa« � _ � ��.e �� � � Q � �
� C �V V �g� Nwq 3 � • "p �z � � � � ; x <¢ a � W s�
�� u .Y. '9'e°n �� g '�i s� � i ~ . . 01 ^ � �+ q
� � � .��.}.�1 � �, '�' � �V r °h � 3 X� ���"5 ' C� e� � 3 r a ~�/� 0 u °� CCO � '� '�r� d
� 0 V QI .Rj y 3 � �' e �o . �3�s je�s.-°� �� � U{i 7{ . . � V/ � � L+ (, eE., Y u
1 � L+ V e " � V 3 r 3 � '��-� r -c a s ��� Q- '�'i U •r •i �,
'�' (� •.r �"� O u w a.�3 ! .���� A � � m �.y � � � w
C� � aa � a S '°u °�' m N. Q� � 's a '�; $� � �- � w�s•Rw o � � 6�„ � ' � ` •�
p N ,� ; , � d e a "" €���� 9 ��s� ' s m � = � N � °' � � e ;, �
�, , 9 � �
4, `''"' c �i � �� � '' �9 8� � ��'':� ��o��� � �c s - > Q" o ,� W � �" ; �
C� � ''� F�'' a ' = .> ;-> a :s �'� � � � � X � � � a C � 4
V � C � ''o p0�go � g ��''��z ���e� �� W '�' � Q v '�' a
�� r m= g� � �Q ¢ : � Z rO� �� � �e
O 6� O k ��7aa 9a° � si�7��dH '�� �$5��� � ,� V � Y
� v� , 8 � � � � we9 � v �
V eY°oeOM fia` �,�s� e.�►ci� e�."��� ;�,s
� ����" �'_ � ��o��<� '�� 3���g� o � � a
C� N e.`io 0 o u ■ . a o �+
Oi1�iF0.0..a�M< z�S.J'i:vt 8�i s:e �n3n i M� p
Q Q � � �
N I�+ �
� �aa��S 4Sgl�I �
- .a -' ,K�`---- ----,�
_' - - .R � �
__ '�0'�� _ :��o'17r�___' =m' �
, � , - ,� �� � � � �
`� �-� � )__=� '-
_, , � ,
� . �__ �» r_� 1 1 � � �a ful1�8 �
_ l� ■ �� �� � � � � � :
, v f
8;� �;b �D ',� i
2.1 d t�L➢ QID 'c' �
= V ���
\� 2Q
� � �i-J� "J �.�rY \ l0 G r�� � i � "
— y � L� y� / �
— — � �S . '`SL a �'=
—� N g oa o'a ,�_i i f a
� `� � �� N� tl u ! t ./^ �
��n°S � � ;, � ;�. � � � �
• �N� � � �O ._� ' *�
� �
:� o — u
rl —" ;� r_i_-q , r '' ��I °o
� � °� •�: ,�
l_i..�J V � .—� � �� _�, ' d
� �
�' -- � 1- h , _./ F � � a�
T I �� � J r ✓..� � E m
= ~� . �' � " � � � �
,
� - ' � � �� � r -____I / , 'i �fi�t!}�* 1
�.
i. � ' � e <
� - .� I
* ` t � � y o
� �- I I . - . . y o i
S --- — ` 6
; � � _ _ �.—r� - — .� , _ � o
e `� -----� � + � � � �
� � , �� ° .�
�. ���TT �i °0 Cd _e� u
� !�:�J - 9 ., � .. '�'� N r
� �-y� � y t � � � h � _ �
GI n °L
_ ��rr�� � � � • � o
�� � � = O � y i � �
.-„i• 9�1.,,, .�d '. , $ $ v '. .
�
�
- -- =� il`H ° ` m
� a �
.� T- ' � 1 � �� , a Y I i �
_ � �- ` :__,r /
'.f0'fL '�
I I��� �� ��+li� � � ���) ! �
�� + t + , � a
�; , � , � �
'� �' i � '
w t t t j �
r � � w u I I a ., -�
- a ° �q � � � 1` , + � _�' � .�
� i ' . � �
_ P - � 3 1'�-� � \ ""1-ti. . ' , � 1 ' � r�, . .
4 � 1 Q � ,a — i � 'w , 1 `i } 1
. �1 � G. rv / ..\ / ._ , + � . ' .
-$ Q � l\ ' � \` `�'* �*��_J�
' � r ' 8 '� �\ � r ,`� r1y1 I
* ��' , � x' / i I F .. � . " 1 '�$GCBLI�
1 � I ��_ .t- _ �
� ,i� � � 1��eo!'8c�— �
� � \i � � � .� '---•—_ .��
' ----',.� ' ,
------ ,et �K
—;e�.ez y,oi�'.zi - _ __ - -- ,cci— p�0� SL'IIEQ
:� i�s�- �S' C ? 8 R � �� C ' 9 � 4
g4 o e o � o �' o o �e ` �� .
° g`��� _� �9a : �- ; F �� ;g 8 �a 5 �a
�� � �� "R 5�~ q e~ � 9 ° •, ' ` ~
„'�E �� 3 } �4 5 � � �� a
�� �� �� o� Z8� °� C � g9 �» „`4 ; � � 7 -�_3 �
�o�� � B3 F� � , ?' „ m
S � �� 3 � � � r^ � Q
a ��� P���� �g a3C" � ~� 3 � �� �S �F � � � � �� � ; B' a
3Q�� •p4 � �� � i Q � 3 '�,1. � a
E .�� ��s = �g g� 9 �� � p�' R: � e � e g! �.�- aj .�
x � ��
Y G� C� �R� Y� � � q g! �: � � C � C �[ a. .�
� ��T S-� C� ���> t 5 �� � 8 t� � �^4g C" C 8 � 8 Ci � i
"Q �4 �� ;3 �3�"• � e XB �C 8 � � :3 �,� J� n�
��� ���� ;� ��=Y � � " : 8 ' g� ,Q w 8 � 8 �B
�` • ! o
��a � i� M� r i :� r i r r8 iR � � i i iQ �,* �'i\� .
SCj0 ��C.:� e� ��: s �� S� g� � S � g :,R e i��8�1: �
°�: •e83C $• ^�`� : 's 'B $ �� ; ga 8� C � :0 8 :� •. ���°
�pR�� ����� �i ���4 � � �� �� � �t � �� ��� A �� �� �� �4
ih�
fr, —
�a,:... . , ��_.. .3Y . . ,.. .:;s�':.