HomeMy WebLinkAboutORD 1989-014 ORDINANCE NO. 89-14
AN ORDINANCE AMENDING A CONDITIONAL USE
PFRMIT ORDINANCE NO. 87-70 FOR A PLANNED
COMMERCIAL CENTER 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 AMENDING
THE LANDSCAPING PLAN IN A DISTRICT ZONED "HC"
HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE
ORDINANCE N0. 82-73 ALL IN ACCORDANCE WITH AN
AMENDED 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
6VELFARE DEN`lAND 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; AND DECLARING AN
EMERGENCY
WHEREAS, an application was made requesting issuance of an
amendment to conditional use permit Ordinance No. 87-07 by making
applications for same with the Planning & Zoning Commission of
r„, .. 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
�::-,a 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 amended 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 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 amended 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, 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 amended 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 amended 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,
pw..�..:.-_.
has determined that there is a necessity and need for this
amended 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 amended conditional
use permit for the particular piece of property is needed, is
called for, and is in the best interest of the public at larc�� ,
the citizens of the City of Grapevine, Texas, and helps promc�e
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 does hereby issue a conditional
use permit amending conditional use permit Ordinance No. 87-70 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 the following conditional use permits which shall all be
located on a 13. 514 acre tract of land, whose legal description
is contained in the attached Exhibit "A" and which is more
particularly described in the approved site plan which is marked
Exhibit "B" and is incorporated herein for all purposes, pursuant
� to Section 47 of Ordinance No. 82-73 , amending conditional use
permit Ordinance No. 87-70 to revise the landscaping
requirements, all in a district zoned "HC" Highway Commercial and
in accordance with an amended site plan approved pursuant to
Section 47 of Ordinance No. 82-73, attached hereto and made a
part hereof as Exhibit "B" , and all other conditions,
restrictions, and safeguards imposed herein: None.
Section 2. That all provisions of conditional use permit
Ordinance No. 87-70 not amended herein shall not be amended and
are hereby ratified and reaffirmed herein.
Section 3 . The City Manager is hereby directed to amend the
official zoning map of the City of Grapevine, Texas, to reflect
the herein amended conditional use permit.
Section 4 . 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 5. 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 mak� 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 vieca of conserving the value of buildings and
encouraging the most appropriate use of land throughout the
community.
Section 6 . This ordinance shall be cumulative of all other
ordinances of the Ci�y 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 7. That the terms and provisions of this ordinance
shall be deemed to be severable and that if the validity of tiie
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 tr�vt
or tracts of land described herein.
Section 8. That any person or corporation v�ho 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 :e
quilty 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
�H,�,, 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 9 . 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 21st day of Februar� � 1989•
APPROVED:
� Mayor pro Tem i
w�;� ATTEST:
�
City Secret ry
APPROVED AS TO FORM AND LEGALITY:
City Attorney
���
��
�
� � EXHIBIT "A" TO
ORDINANCE NO. g9-14
B�I�G a tract of lanc-i situatec3 in i:l�e 11. f'OST'FR SUIZVE;�C, 11I3STRJ�CT 518 and the
J.B. FAY SURVEY, 11BSTRI�CT 530, Cit�y of GraF�vine, Tarrant County, 1'ex�s, sarne
bPing Lot 1-R, Waldrop IIeights ndditions as filed in Volume 388-160, P��ge 78,
� PRTCT, and also Leinq portions of. a 14.774 acre tract recorded in Volurr� 5731,
Page 744, DRTCT, and a 17.52 acre tract. recorded in Volume 4763, Par,e 869, DItTCT,
and beiilg more particularly d�scribed by n�etes and bounds as follaws:
�� BE7GICTIING at t�a �r�nSfi wPstPrly corner of I,ot l, Blc�ck 1, U.S. Posr�-�1 S�rvice
Addition, as recordc�d ici Volunn 388-166, I'aqe 64, PRZ`CI', said �oint heing iri the
east right-of-way of Plilliam D. Tate Avenue;
T}iL•'NCE S 54 ° 24' 10" E a distance of 218.93 feet to a �int for corner;
Z'IiENCI: S 64 ° 34' 45" E a distance of 246.02 feet to a point for corner;
TIII��CE S 00 ° 28' 05" W a distance of 358.(10 feet to a point for corner;
TI�NCE S 89 ° 32' 35" E a distance of 265.00 f.eet to a point for corner; -
TfIII�TCE S 00 ° 54' 23" W a distance of 100.67 feet to a �int for corner;
TI-�ICE N 89 ° 39' S5" E a distance of 55.00 feet to a point for corner;
77�^lCE S 00 ° 28' 05" W a d�st�nce of 10.00 feet to a ��oint for a corner beinq the -
beginning of a curve to t�ie left; �
TI�:'NCL: along said curve havinq a r�ditis of ?.5Q,2q feet, a c3elta of 19 ° 57' 13" an
arc length of 90.28 feet to d POlIlI: fOi a corner;
� TIiIIvCE S 19 ° 29' 08" E a distance of 95.7_6 feet to a point for a corner being the
being the begiruling of a curve to the rigt�t;
,�,.,:,,�,
Tt-iET7CE al�ng said curve havinq a r�dius of 309.24 feet, a delta of 19 ° 57' 13"
an arc Iength of 1U7.69 feet to a pc�int for a corner;
TIiETvCE S 00 ° 28' OS" W a distacice of 4.96 feet to a point for a corner in tt�e
north R.O.W, of S.H. 114;
THETTICE N F39 ° 37' OS" ta along said north R.O.W. , a tiistance of 25.00 feet to a
point for a corner beinq t1�e beginning of a cun�e to the riqht;
Tf�'CE along said curve havin� a radius of 1,879.86 feet, a delta �f 35 ° 23' 48"
an arc length of 1,161.36 feet to a point for a corner in tt�e north R.O.W. of
S.H. 114;
TI�:CL•: N 22 ° 40' 05" W a distance of 8]..40 feet to a �oint for corner;
,
TFiF.t�CF. N 26 ° 24' 30" E a distance of 190.02 feet to a �oint for corner;
T}R.TICE N 35 ° 22' 15" � a di�tance of �81.1 � fPE't along the e�ct riclht-o£-way of .
William D. Tate 1lvenue to the POINT OI' E�E�It`N1�I(; �nd conlaininq 13.86E�° acr�s or
land, rnore or less.
�
. , EXHIBIT "B" TO
ORDINANCE NO,. 89-14
/ �� T
C
o �g J
� —
� �- --_-�� � « �� �
� ��G===
N . In - 0
� —�1�1 ' J Q: l
��1.�+ � � ` ' � ' io .
� �—� . t �� � �. . ..
�nM le MMl �� W11 AIw004 =i�J.,l'� � ` 2 6 y � ' � Y ,
�
. f�� � '' � �
��i C��
S. . _,-- q { � O � YL'
�Q� � � � �
' I , ;_.__._� .�] ,�i . s u �
- e
�•r W � •. 4_--_`'--_,.:� t � 3 p .
� . e � �'�--_—__� �4 . � � � � ' �
a , �' � � � � ��:� _��. ; � '� � �' i
/ q V Y
O� I.' � Z I � � Y � �' 3 ' . !I . �A !�� �� �
;� , f :. � , < » I �g '� , . i
. i .I e� e � P .. ' I
^ , ; �a . oi
;, ! ± : ` � '�, i
q ` / � 1-r r1��rt'�_� �(�
r, �
\.
,:�:,. �:�;� ;
4/h� '\\ • ¢ ' L'�t
R! rg �����
. , ��� � �'� ;
L c�
: , � , , �- , .
� � � .
��� � �
Y �
� � �� �
.. �. � • ` � . � Y
� � ,
. . � // �
r •
.�� � / \ /
/ �
:
�;, , •. . a� .' ....... ,. / . . ... ... . .. � n .. I
� � � �
. � +a � \ / �.��—� � X X
/ Y
� � ��/ �-� W W�
, �
� Y «.r � ( _� , � �
/�� ,�� �i �: _I I; • � < ..
a �
!�'�� ' � 9 _�. � ♦ � �i � a T
7` C Y �
���1. y 3 . . . � 6 . � Q_..
V�j � . . � Q �
. ryryM • � �Il i i ` � _ _ ► W
�� R ♦. O I""� Z
R�/ �
• � t 1� '': .. � � � ,' c Z
_ ;. .. ' W a g
r�
� � � � � `` ' r � �!
�� � � f7 ii ( �
�
L ` `+ � �
e ��� e��0.p .�
� �� VR � F� I� ..
I
a �, e,eBF � — . � , . . : �
Y ; �,� ad d � ����� � es �S _ �'
'--�- : �� o � � A ���t� I s� t� i
� �g Z @ � � � �� � � � .
�„w�, �,��' � � � � I � � � � � .
, g� �° � � 1 � � Il��� I �
i i��� �1�6 � � ,. , .00� `,' � ��sea e le � � ... ,
i .---,'
1 ,� z.
+�+wr , 5
Z
� , �
. ' � <
u
0
. L '.i
, � �
i
� ` `