HomeMy WebLinkAboutORD 1999-141 ORDINANCE NO. 99-141
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 CITI( CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z99-13 ON A TRACT
OF LAND OUT OF TFiE A. ANDERSON SURVEY,
ABSTRACT NO. 26 AND THE H. SUGGS SURVEY,
ABSTRACT NO. 1415, 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 "PID" PLANNED INDUSTRIAL
DEVELOPMENT DISTRICT TO "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS; CORRECTING
THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING A
CLAUSE RELATING TO SEVERABILITY; DETERMINING
� m 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 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
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
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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.
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ORD. NO. 99-141 2
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 by Zoning Application Z99-13 to rezone the following described
property to-wit: being a 52.8 acre tract of land out of the A. Anderson Survey, Abstract No.
26, and the H. Suggs Survey, Abstract No. 1415, Tarrant County, Texas (1701 State
Highway 26), more fully and completely described in Exhibit "A", attached hereto and made
a part hereof, which was previously zoned "PID" Planned Industrial Development District
is hereby changed to "CC" Community Commercial District Regulations, all in accordance
with Comprehensive Zoning Ordinance No. 82-73, 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 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. 99-141 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 finro 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 8. 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 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 September, 1999.
APPROVED:
William D. Tate
,�;� Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
� . ;�
John F. Boyle, Jr.
City Attorney
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ORD. NO. qq-i4i 4
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File Number: PC99116250
BEING a tract of land situated in the A. W. Anderson 5urvey,' Abstract No. 26,
Tarrant County, Texas, and the H. Suggs Survey, Abstract No. 1414, City of
Grapevine, Tarrant County, Texas, and being more particularly described as
follows:
BEGINNING at a 1/2 inch iron rod found for the southeast corner of the D/FW
Hilton Addition, an Addition to the City of Grapevine, Tarrant County, Texas,
as recorded in Volume 388 166, Page 7, Plat Records, Tarrant County, Texas,
and being on the northwesterly right-of-way line of State Highway 26,. a
variable width right-of-way, said iron rod being South 42 degrees 31 minutes
33 seconds West a distance of 914 . 48 feet from the intersection of the
northwest right-of-way line of State Highway 26 and the South right-of-way
line of County Road 3044; •
THENCE,, along the northwesterly right-of-way line State Highway 26, South 42
degrees 30 minutes 55 seconds West, a distance of 1,497.27 feet to a 1/2 inch
iron rod found on the North line of D/FW Airport boundary;
THENCE, along the north line of said D/FW Airport boundary, North 89 degrees
� 42 minutes 10 seconds West a distance of 1,240.25 feet to a concrete monument
y found on the east line of the Corps of Engineers property;
�� THENCE, along the east line of said Corps of Engineers property, North 00
degrees 24 minutes 31 seconds West, a distance of 751.21 feet to a concrete
monument found for corner;
THENCE, continuing along said east line, North 44 degrees 50 minutes 35
seconds East a distance of 942 .93 feet to a concrete monument found for
corner;
THENCE, continuing along said east line. North 00 degrees 05 minutes 50
seconds East a distance of 497.48 feet to a 1 inch iron rod found for the
southwest corner of an 6 .3128 acre tract of land conveyed to Whittlesey
Investments, Inc. as recorded in Volume 7333, Page 1383, Deed Records, Tarrant
County, Texas;
THENCE, along the south line of said 8 .3128 acre tract, North 89 degrees 58
minutes 53 seconds East a distance of 256.91 feet to a point of corner at the
, edge of a lake;
THENCE, with the south line of said 8.3128 acre tract and generally along the
edge of the lake, as follows:
North 59 degrees 14 minutes 35 seconds East a distance of 127.25 feet to a
point for corner;
North 75 degrees 53 minutes 40 seconds East a distance of 115.54 feet to a
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EXHIBIT�L. TO �.��
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' _ LEGAL DESCRIPTION ATTAC�NT (Coatinued) 7 � �
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File Number: PC99116Z50
point for corner;
South 58 degrees 54 minu[es 29 seconds East a tiistance of 105.77 feet to a
point for the southeast corner of �said 8-.3128• ac�re�tract and being� on the •wes�t
line of a 3 .1198 acre tract as conveyed to a Whittlesey Investments, Inc. , as
recorded in Volume 7333, Page 1383, Deed Records, Tarrant County, Texas;
THENCE, along the west line of said 3.1198 acre tract and generally along the
edge of the lake, South 00 degrees 48 minutes 0o seconds East a distance of
86 . 95 feet to a 1/2 inch ir.on rod found for the southwest corner of said
3 . 1198 acre tract , same being the northwest corner of Lot 1 of the
aforementioned D/FW Hilton Addition;
THENCE, along the west line of said Lot 1 and generally along the edge of the
lake as follows:
.
South 00 degrees 55 minutes 44 seconds East a distance of 97.90 feet to a
point of corner; �
South 18 degrees 12 minutes 23 seconds West a distance of 22 .90 feet to a
point for corner;
South 05 degrees 00 minutes 20 seconds West a �distance of 124 .B7 feet to a
point for corner;
` South 45 degrees �3 minutes 31 seconds East a distance of 104 .84 feet to a
point for corner; �
;�_„�
South 1B degrees 12 minutes 52 seconds East a distance of 42 .64 feet to a
point for corner on the north line of Lot 3 of aforementioned D/FW Hilton
Addition; �
THENCE, along the north and westerly line of said Lot 3 and generally along
the edge of the lake as follows:
South 47 degrees 09 minutes 31 seconds West a distance of 32 .03 feet to a
point for corner;
North 82 degrees 93 minutes 40 seconds West a distance of 69 .88 feet to a
point for corner;
North 60 degrees 48 minutes 41 seconds West a distance of 71 . 14 feet to a
point for corner;
North 74 degrees 18 minutes 25 seconds West a distance of 60 .26 feet Go a
point for corner;
South 66 degrees 35 minutes 34 seconds West a distance of 81 .59 feet to a
point for corner;
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South 08 degrees 21 minutes 56 seconds West a disatnce of 380. 10 feet to a
point for corner;
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EXHIBIT� TO
Page �� of
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, , _ LEGAL DESCRIPTION ATTACF�NT (Coatinued) � G/ 3
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Pile Number: PC99116Z50
South OB degrees 07 minutes 33 seconds East a distance of 23 .96 feet to a
"" ` point for corner;
, _., South 20 degrees 23 minutes 31 seconds ��ast•�a�•distance of 24 .7-0 feet��to a
point ,for corner for the southwest corner of said Lot 3;
THENCB, along the south line of said Lot 3 and the south line of Lot 1 of the
aforementioned D/FW Hilton Addition, North 89 degrees 50 minutes 28 seconds
East passing a 60d nail found for the sautheast corner of Lot 3 and the
southwest cornez of Lot 1 at •a distance of 428.08 feet and, in all, a distance
of 1,281.13 feet to the Point of Beginning and containing 52.8442 acres (of
which approximately 6 . 17 acres lie within the lake) , more or less .
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