HomeMy WebLinkAboutRES 1993-001 _ CITY OF GRAPEVINE, TEXAS
RESOLUTION NO. 93-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, REVIEWING THE HISTORY OF
ITS ENACTMENT OF ZONING ORDINANCES THAT
ENCOMPASS THE DALLAS/FORT WORTH INTERNATIONAL
AIRPORT AND SETTING FORTH ITS CLEAR AND
UNEQUIVOCAL STATEMENT THAT THE USE OF THE LAND
AND STRUCTURES AT THE DALLAS/FORT WORTH
INTERNATIONAL AIRPORT CONSTRUCTED PRIOR TO THE
PASSAGE OF ORDINANCE #89-82 ON THE FIFTH DAY
OF DECEMBER 1989 WERE LEGAL AND VALID USES,
AND CONTINUE TO BE LEGAL AND VALID USES AT
THIS TIME AND ARE NOT NON-CONFORMING USES.
WHEREAS, approximately 8, 000 acres of the Dallas/Fort
Worth International Airport (the "Airport" ) encompassing most of
its terminals and structures lies within the city limits of
Grapevine, Texas (the "City" ) ; and
WHEREAS, the Airport Board and its staff, after receiving
an adverse decision in the District Court of Dallas County, Texas,
' that affirmed the zoning power of the City of Grapevine and
likewise affirmed the zoning power of the Cities of Irving and
Euless over property owned by the Airport in each of their
respective cities, are asking the Texas Legislature to overturn
that Court decision and amend the Texas Municipal Airports Act to
eliminate the historical zoning power of the three (3) cities over
property located within their city limits; and
WHEREAS, the Airport Board is circulating literature to
members of the Legislature, State officials, the press, owners and
operators of airports throughout the State and the general public
in support of what it terms a "Legislative solution" that states :
"The zoning ordinances adopted by the Cities
of Euless and Grapevine could force closure of
D/FW Airport as a non-conforming use in 1994; "
and
WHEREAS, the City of Grapevine strongly opposes
�egislative intervention into a matter that so totally affects the
home rule powers of the Cities of Grapevine, Euless and Irving, and
also negatively impacts the ability of cities throughout the State
to exercise their constitutionally afforded rights as home rule
cities and the Legislative intervention in a pending lawsuit that
&��_� requests the Legislature to overturn a District Court Judgment; and
WHEREAS, the City of Grapevine feels compelled to clear
the record and to dispel any question or apprehension whatsoever
about the alleged threat of the Airport being forced to close in
1994; and
WHEREAS, the barrage of publicity and official statements
emanating from the Airport that "D/FW Airport is a non-conforming
use and subject to closure in 1994" are totally false, without any
legal or factual foundation and could only be stated with the
intent to inflame and prejudice the Legislature and the general
public against the Cities of Grapevine, Euless and Irving; and
WHEREAS, such misleading and incorrect statements are
intemperate, do not exhibit sound judgment and could not reflect
the true attitude of the elected City Councils of the Cities of
Dallas and Fort Worth, the owners of the Airport; and
WHEREAS, it is incredulous that the Airport would be
making such rash allegations without any statements whatsoever from
the Cities of Grapevine and Euless that the two (2 ) cities would,
even if they could, close the Airport in 1994; and
WHEREAS, all of the past history of the Airport reflects
that the City of Grapevine has been a substantial supporter of the
Airport and no credible statements even allude to the possibility
of the Airport being closed by any action of the City of Grapevine;
and
"'T` "' WHEREAS, the statements of the Airport and its officials
are nonconstructive and do not make any contribution whatsoever
toward a responsible solution to the issue of future growth at the
Airport.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS DOES HEREBY RESOLVE AS FOLLOWS:
I .
Al1 statements in the preamble are found to be true and
correct and are incorporated herein as if copied in their entirety.
II .
The factual history relating to the zoning of the Airport
by the City is as follows:
A) City of Grapevine ' s Zoning Ordinance originally
encompassed all property acquired by the Airport in
the City during the period of 1967-1973 .
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B) City of Grapevine, the Airport and other cities and
impacted entities entered into an agreement,
effective date of December 4, 1968, entitled
„:: :.
"Letter of Intent and Agreement between owners of
Dallas-Fort Worth Regional Airport and Members of
the North Texas Regional Airport Committee, " which
agreement was the basis for a harmonious
relationship between the Airport and Grapevine for
nearly twenty years .
C) The lessees and concessionaires of the Airport
filed numerous zoning cases with the City of
Grapevine requesting re-zoning of portions of the
Airport between the period of 1974 to the present,
and all such zoning cases were approved by the City
Council of Grapevine. The most recent case
processed and approved by the Grapevine City
Council covered the development of the United
Parcel Service Regional Distribution Center, which
was approved by the passage of Ordinance #92-38 on
the 21st day of July, 1992 .
D) On or about the 17th day of February, 1987, the
City of Grapevine adopted a new Comprehensive
Master Zoning Plan, approved a new zoning ordinance
and zoned the Airport under the new zoning
ordinance as "Dallas/Fort Worth International
Airport District, " Section 40 . The Airport, as
` required by law, was notified in advance relative
to the re-zoning, did not appear, and expressed no
opposition in any form.
E) ( 1 . ) In 1989, the City amended its basic Zoning
Ordinance by the passage of Ordinance No. 89-81
which incorporated "Dallas/Fort Worth Airport
District, " Section 40 into "GU Governmental Use
District, " Section 38 .
(2 . ) On December 5, 1989, by the passage of
Ordinance No. 89-82, the City re-zoned the
Dallas/Fort Worth International Airport as "GU
Governmental Use. " All improvements and
structures, and uses that were in place on December
5, 1989 were considered as legal and valid, and
those uses remained legal and valid after the
passage of the ordinance and are legal and valid
today. None of the structures, improvements, and
uses in place on December 5, 1989 were converted to
non-conforming uses . All of such structures,
�,, � improvements, and uses remain to this day legal and
valid.
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F) Al1 of the City' s ordinances, as required by law,
are prospective and not retroactive to any existing
legal and valid uses . All future expansion
developments at the Airport after the passage of
Ordinance Nos . 89-81 and 89-82 are governed by
those current ordinances . Consequently, the UPS
case with the required acquiescence of the owner,
D/FW Airport, was processed through the Grapevine
City Council and re-zoned specifically for the
United Parcel Service use under the GU Governmental
Use District on the 21st day of July, 1992 .
G) Nothing in the passage of Ordinance Nos . 89-81 and
89-82 makes the existing development at D/FW
Airport a nonconforming zoning use.
III .
The following statements, findings and conclusions are
true and correct and are supported by the official actions and
records of the City of Grapevine and the City Council unanimously
supports each and every statement, finding and conclusion.
A) Al1 of the structures, improvements, and uses in
place on December 5, 1989 at D/FW Airport were and
continue to be legal, valid, and conforming uses
�,
under the City' s Comprehensive Zoning Ordinance.
B) The City of Grapevine has no legal authority or
ability under Section 43 of its Comprehensive
Zoning Ordinance, dealing with non-conforming uses
and structures, to close D/FW Airport in 1994 and
the City of Grapevine has never expressed any
intent to even consider that as a possibility, even
if such legal authority were available.
IV.
The City of Grapevine respectfully requests the Airport
Board and its staff to correct, withdraw, and rescind all public
statements previously made that allege the Airport to be a non-
conforming use subject to closure by the City of Grapevine in 1994 .
�. ;,
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PASSED AND APPROVED by the City Council of the City of
" Grapevine, Texas this the fi.�th day of January, 1993 .
Willi m D. Tate, Mayor
City of Grapevine, Texas
ATTEST:
Linda Huff, ity retary,
City of Grapevine, Texas
[ SEAL]
" PREPARED BY AND APPROVED AS TO
LEGALITY BY SPECIAL COUNSEL TO
CITY OF RAPEVINE:
Robert H. Power, Special Counsel
a�::�
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