HomeMy WebLinkAboutORD 1991-090 �,�.
ORDINANCE NO. 91-90
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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 A ZONING CHANGE ON A TRACT OF
LAND DESCRIBED AS BEING A LOT, TRACT, OR
PARCEL OF LAND LYING AND BEING SITUATED IN
TARRANT COUNTY, TEXAS, BEING A 5.87 ACRE TRACT
OF LAND IN THE J. R. DOSS SURVEY, ABSTRACT NO.
440 IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY
AND COMPLETELY DESCRIBED IN THE BODY OF THIS
ORDINANCE; ORDERING A CHANGE IN THE USE OF
SAID PROPERTY FROM "CN" NEIGHBORHOOD
COMMERCIAL DISTRICT REGULATIONS AND "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 ($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,
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
�_.y 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
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and helps promote the general health, safety, and welfare of this
community.
��w 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 Z91-12 in that the use of the following
described property, to wit:
Being a 5. 87 acre tract of land out of the J. R. Doss
Survey, Abstract No. 440, in the City of Grapevine,
Tarrant County, Texas, more fully and completely
described in Exhibit "A" , attached hereto and made a part
hereof, which was previously zoned "CN" Neighborhood
Commercial District Regulations and "HCO" Hotel Corporate
Office District Regulations, is hereby changed to "CC"
Community Commercial District Regulations in accordance
with a concept plan attached hereto as Exhibit "B", 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.
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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
�w�� 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.
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 ($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 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.
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PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 17th day of December , 1991.
APPROVED:
-t_.
Willia D. Tate
Mayor
ATTEST:
Lind Huff
,� = City Secretary
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"��� APPROVED AS TO FORM:
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a� ` ' .
• , ,,' , , •
John F. Boyle, Jr,,
City Attorney
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LEGAL DESLRIPTI�N Exhibit "A" to Ord. 91-90
BEING a tract of land situated in tiie City of Grapevine, Tarrant County,
Texas , in the J . R. Doss Survey, Abstract No . 440, and being more
�� particularly described as follows : -
BEGINNING at a 1/2" iron rod found for corner lying at the intersection of
'�+ the east line of State Highway No . 121 (Var . R.O.W. ) and the south line of
Hughes Road ( 45' R.O.W. ) ;
THENCE along the south line of Hughes Road North 87 degrees 32 minutes
12 seconds East a distance of 568 . 40 feet to a PK nail found for corner
lying at the intersection of the south llne of Hughes Road and the west
line oP Holly Berry Trail (70' R.O.W. ) ;
THENCE along the west line of Holly Berry Trail South 02 degrees
01 minutes 49 seconds East a distance of 37 . 90 feet to a 1/2" iron rod
found lying at the beginning of a curve to the right having a central angle
of 07 degrees 14 minutes 40 seconds and a radius of 1104. 09 feet ;
THENCE along said curve to the riglit an arc distance of 139. 60 feet to a
1/2" iron rod found for corner ;
THENCE South 05 degrees 12 minutes 51 seconds West a disLar�ce of 290. 55
feet to a point for corner ;
THENCE South 87 degrees 32 minutes 12 seconds West a distance of 521 . 30
feet to a point for corner lying in the east line of State Highway No . 121;
� � THENCE along said east line North 02 degrees 14 minutes 00 seconds West a ,
distance oY 465 . 0 feet to the POINT OF BEGINNING and containing
approximately 255, 701 square feet or 5 . 87 acres of land .
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