HomeMy WebLinkAboutORD 1992-085 ORDINANCE NO. 92-85
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 Z92-09 ON A
TRACT OF LAND DESCRIBED AS BEING A TRACT OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS IN THE
A. FOSTER SURVEY, ABSTRACT NO. 518 MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID .
PROPERTY FROM "PCD" PLANNED COMMERCE
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
THAT THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND A ZONING CHANGE AND
AMENDMENTTHEREIN 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.
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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 Z92-09 in that the use of the
following described property, platted as Lots 1 and 2, Block 1, Towne Center Addition
No. 2 and addressed as 1001 Ira E. Woods Avenue, to wit:
Being 57.9165 acres of land in the A. Foster Survey, Abstract No. 518, more
fully and completely described in the attached Exhibit "A", attached hereto and made
a part hereof, which was previously zoned "PCD" Planned Commerce 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.
afi �° 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
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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 (52,000.00) 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 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 15th day of December , 1992.
APPROVED:
�,
William D. Tate
Mayor
ATTEST:
n a Huff
City Secretary
APPROVED AS TO FORM:
x .
. ,� �, �
, _„ John F. Boyle, Jr. �
City Attorney
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�IOV 91992 EXMIBIT� TO ''� �.���
Page �.....,... of �..zD
PLANNING , ._ �:
LEGAL DESCRIPTION
BEING A TRACT OF LAND SITUATED IN THE A. FOSTER SURVEY, ABSTRACT
NO. 518, AND IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND
BEING PART OF A 58 .726 ACRE TRACT OF LAND DESCRIBED IN DEED TO
TODD & HUGHES CONSTRUCTION CORPORATION, RECORDEa IN VOLUME 7861,
PAGE 1265 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A 3/4" IRON ROD IN THE NORTHEAST R.O.W. LINE OF
STATE HIGHWAY 114 (A VARIABLE WIDTH R.O.W. ) AND AT THE CORNER OF
TOWNE CENTER ADDITION, AN ADDITION TO THE CITY OF GRAPEVINE,
TEXAS, RECORDED IN VOLUME 388-135, PAGE 02 OF THE PLAT RECORDS OF
TARRANT COUNTY, TEXAS;
THENCE: N 37° 14 ' 58" W, 605. 61 FEET WITH THE NORTHEAST LINE OF
S.H. 114 TO A 3/4" IRON ROD FOR CORNER AT THE BEGINNING
OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 26°
48' S4" AND A RADIUS OF 2261.83 FEET;
THENCE: AROUND SAID CURVE AND WITH THE NORTHEAST LINE OF S.H.
114 , A DISTANCE OF 1058 .56 FEET TO A 3/4" IRON ROD FOR
CORNER AT THE SOUTHERNMOST POINT OF A CORNER CUT-OFF;
THENCE: N 35° 04� 58" E, 123 . 62 FEET TO A 3/4" IRON ROD FOR
CORNER IN THE SOUTH R.O.W. LINE OF IRA E. WOODS AVENUE
(A VARIABLE WIDTH R.O.W. ) ;
THENCE: N 80° 34' 37" E, 337 . 14 FEET WITH THE SOUTH LINE OF IRA
E. WOODS AVENUE TO A MONUMENT FOR CORNER;
THENCE: N 00° O1' 02" E, 18 .04 FEET WITH THE SOUTH LINE OF IRA
E. WOODS AVENUE TO A 1/2" IRON ROD FOR CORNER;
THENCE: N 75° 57 ' 07" E, 81. 47 FEET WITH THE SOUTH LINE OF IRA
E. WOODS AVENUE TO A 1/2" IRON ROD AT THE BEGINNING OF
A NON-TANGENT CURVE TO THE RIGHT TI?�1T HAS A CENTRAL
ANGLE OF 02° 44' 03" , A RADIUS OF 11,414.16 FEET AND A
CHORD WHICH BEARS N 82° 19' 59" E, 544.63 FEET;
THENCE: ALONG SAID CURVE TO THE RIGHT AN ARC LENGTH OF 544. 69 .
FEET TO 1/2" IRON ROD FOR CORNER;
THENCE: N 83° 42 ' 00" E, 811.80 FEET WITH THy SOUTH LINE OF IRA
��•- E. WOODS AVENUE TO A 1/2" IRON ROD FOR CORNER;
- THENCE: N 87° 08 ' 13" E, 188 . 69 FEET WITH THE SOUTH LINE OF IRA
E. WOODS AVENUE TO A 1/2" IRON R00 FOR CORNER;
. . ExH�eir�.. ro ���- ��-:�:� �. ��- ��i
� Page ___.� of ._.,�.,.
THENCE: S 88° 25 ' 33" E, 245 . 06 FEET WITH THE SOUTH LINE OF IRA
E. WOODS AVENUE TO A 1/2" IRON ROD FOR CORNER AT THE -
NORTHERNMOST POINT OF A CORNER CUT-OFF;
THENCE: S 44° 0� ' 36" E, 137 . 72 FEET WITH THE CUT-OFF LINE TO A
1/2" IRON ROD FOR CORNER IN THE WEST LINE OF WZLLIAM D.
TATE AVENUE (A VARIABLE WIDTH R.O.W. ) ;
THENCE: S 00° 23 ' 42" W, 31.72 FEET WITH THE WEST LINE OF
WILLIAM D. TATE AVENUE TO A 1/2" IRON ROD AT THE
BEGINNING OF A CURVE TO THE RIGHT THAT HAS A CENTRAL
ANGLE OF 03° 29� 13", A RADIUS OF 458 .09 FEET AND A
CHORD WHICH BEARS S 02° 08� 18" W, 27.91 FEET;
THENCE: ALONG SAID CURVE TO THE RIGHT AN ARC LENGTH OF 27.91
FEET TO A 1/2" IRON ROD AT THE BEGINNING OF A CURVE TO
THE LEFT THAT HAS A CENTRAL ANGLE OF 03° 29' 11" , A
RADIUS OF 1162. 06 FEET AND A CHORD WHICH HEARS S 02°
08 ' 16" W, ?0.70 FEET;
THENCE: ALONG SAID CURVE TO THE LEFT AN ARC LENGTH OF 70.71
FEET TO A 1/2" IRON ROD AT THE BEGINNING OF A CURVE TO
THE RIGHT THAT HAS A CENTRAL ANGLE OF 08° 57' 03", A
RADIUS OF 1049 . 00 FEET AND A CHORD WHICH BEARS S 04°
' ' S2 ' 13" W, 163 .71 FEET; �
THENCE: ALONG SAID CURVE TO THE LEFT AN ARC LENGTH OF 163 .88
FEET TO A 1/2" IRON ROD AT THE BEGINNING OF A CURVE TO
THE RIGHT THAT HAS A CENTRAL ANGLE OF 24° 19' 40", A '
RADIUS OF 1382 .40 FEET AND A CHORD WHICH BEARS S 23°
10' S6' W, 588.57 FEET;
THENCE: ALONG SAID CURVE TO THE RIGHT AN ARC LENGTH OF 586.97
FEET TO A 1/2" IRON ROD FOR CORNER;
THENCE: S 35° 20' 47" W, 323 . 05 FEET WITH THE WEST LINE OF
WILLIAM D. TATE AVENUE TO A 1/2" IRON ROD AT THE
NORTHEAST CORNER OF THE ABOVEMENTIONED TOWNE CENTER
ADDITION;
THENCE: N 78° 49 ' 39" W, 797 . 56 FE�T WITH THE ADDITION LINE TO
A MONUMENT FOR CORNER;
THENCE: S 11° 10' 21" W, 378 . 07 FEET WITH THE ADDITION :�INE TO
A 1/2" IRON ROD FOR CORNER;
THENCE: S 35° 20� 47" W, 481. 23 FEET WITH THE ADDITION LINE TO
THE POINT OF BEGINNING �ND CONTAINING 57.9165 ACRES
�•��� (2 , 522 , 843 S.F. ) OF LAND, MORE OR LESS.
RECEIV�C�
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CASE NO. Z92 -09 LOTS 1 & 2, BLOCK ONE
CASE N®. CU92 -23 TOWNE ;ENTER ADDITION NO.
CASE NO SP92--25 AND
LOTS 1—R-2 & 3—R-1, LOCK ONE
LINE SUMMARY TOWE CENTER ADDITION
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