HomeMy WebLinkAboutORD 1996-042 '"'�� ORDINANCE NO. 9s-u2
�" 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 Z96-08 ON A
TRACT OF LAND OUT OF THE J. GIBSON SURVEY,
ABSTRACT NOS. 586 AND 587 DESCRIBED AS BEING A
TRACT OF LAND, LYING AND BEING SITUATED INTHE
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 "HCO" HOTEL CORPORATE
OFFICE DISTRICT REGULATIONS 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
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 (52,000.00) 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
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:
� 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 Z96-08 to rezone the following
described property to wit: Being a 35.505 acre tract of land out of the J. Gibson
Survey, Abstract No. 586, and the J. Gibson Survey, Abstract No. 587, Deed Records
of Tarrant County, Texas (2700 Grapevine Mills Parkway) more fully and completely
described by metes and bounds in Exhibit "A", attached hereto and made a part
hereof, which was previously zoned "HCO" Hotel Corporate Office District Regulations
is hereby changed to "CC" Community Commercial 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
ORD. NO. 96-42 3
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.
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 (52,000.001 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 18th day of June , 1996.
�°"� APPROVED:
�
William D. Tate
Mayor
ATTEST:
�u.
Linda Huff
City Secretary
APPROVED AS TO FORM:
�
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�
� John F. Boyle, Jr. �
City Attorney
ORD. N0. 96-42 4
Exhibit "A" to Ord. No. 96-42 � � � a(�/J � ''�
Page t of 1 � ,
� '' . . ,
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��. v�.. _
STATE OF TEXAS ��` _
�
'� COUNTY OF TARRANT , " Z _O�
BEING a tract of land situated in the J. GIBSON SURVEY, Abstract No. 586 and the J. GIBSON
�_�� � SURVEY, Abstract No. 587, City of Grapevine, Tarrant County, Texas and being a portion of land
conveyed to MALLORY INVESTMENTS recorded in Volume 6955, Page 629 of the Deed Records of
Tarrant County, Texas (DRTC'1� and being more particularly described as follows:
BEGINNING at a concrete monument found at the intersection of the northerly Right�f-Way line of
STATE HIGHWAY NO. 121 (variable width Right-0f-Way) and the easterly Right-of-Way line of F.M.
ROAD NO. 2499 (variable width Right-of-Way);
THENCE departing the northerly Right-of-Way line of said STATE HIGHWAY NO. 121 and along the
easterly Right-of-Way line of said F.M. ROAD NO. 2499 as follows:
South 84°09'S0" West a distance of 38.50 feet to a concrete monument found
North 13°25'10" West a distance of 324.23 feet to a brass cap monument found
North 04°12'10" West a distance of 405.04 feet to a 1/Z" Iron rod set
North 03°37'OS" East a distance of 1732.48 feet to a brass cap monument found
��
North 47°35'S0" East a distance of 72.55 feet to a concrete monument found
THENCE departing the easterly Right�f-Way line of said F.M. ROAD NO. 2499 North 89°04'10"West
a distance of 130.81 feet to a pic nail set in the centerline of said F.M. ROAD NO. 2499;
�
THENCE along the centerline of said F.M. ROAD NO. 2499 North 03°37'OS" East a distance of 22.17
feet to a pk nail found at the intersection of the centerline of said F.M. ROAD NO. 2499 and the
centerline of THWEATT ROAD (variable width Right-df-Way);
THENCE departing the centerline of said F.M. ROAD NO. 2499 and along the centerline of said
THWEATT ROAD South 88°SZ'30" East a distance of 705.01 feet to a pk nail set;
THENCE departing the centerline of said THWEATT ROAD South OZ°35'00" West a distance of
1170.97 feet to a point which a 1/2" iron rod found bears North 55°21'06" West a distance of 2.13 feet;
THENCE South 89°11'00" East a distance of 107.90 feet to a point which a 1/Z" iron found bears North
58°07'31" West a distance of 1.51 feet;
THENCE South 00°58'00" West a distance of 675.60 feet to a point in the northerly Right�f-Way line
of said STATE HIGHWAY NO. 121 which a 1/2" iron rod found bears North 14°16'OS" West a distance
of 1.65 feet;
,� THENCE along the northerly Right�f-Way line of said STATE HIGHWAY NO. 121 South 44°12'00"
West a distance of 916.37 fees to the POINT OF BEGINNING;
�, CONTAINING within these metes and bounds 35.�05 acres or 1,546,617 square feet of land more or
less.
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