HomeMy WebLinkAboutORD 2000-113 ORDINANCE NO. 2000-113
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 Z99-22 ON A TRACT
OF LAND OUT OF THE J.J. DWIGHT SURVEY, ABSTRACT
NO. 455, L. LINCOLN SURVEY, ABSTRACT NO. 981, A.B.
CATE SURVEY, ABSTRACT NO. 1983, AND THE A.S.
HARRIS SURVEY, ABSTRACT NO. 707, 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 "R-20" SINGLE
FAMILY DISTRICT REGULATIONS TO "RA"
RECREATIONAL/AMUSEMENT 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 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.
ORD. NO. 2000-113 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 Z99-22 to rezone the following described
property to-wit: being a 63.186 acre tract of land out of the J.J. Dwight Survey, Abstract
No. 455, L. Lincoln Survey, Abstract No. 981, A.B. Cate Survey, Abstract No. 1983, and
the A.S. Harris Survey, Abstract No. 707, Tarrant County, Texas (2299 Lonesome Dove
Road), more fully and completely described in Exhibit "A", attached hereto and made a part
hereof, which was previously zoned "R-20" Single Family District Regulations is hereby
changed to "RA" Recreational Amusement District, 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.
ORD. NO. 2000-113 3
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 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 7th day of November, 2000.
APPROVED:
William D. Tate
Mayor
ATTEST:
fffillak v_.42., Ai
Linda uff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
ORD. NO. 2000-113 4
I,'ECEIVEV
TRACT ONE
20.037 ACRES
[TUATED in the J.J.Dwight Survey,Abstract No. 455,the A.B. Cate Survey,Abstract No. 1983,the John Chi ltlid.INNING
bstract No. 254,and the Leonard Lincoln Survey,Abstract No. 981,all in Tarrant County,Texas,and being a resuvey of a called
5.571 acre tract of land described in a deed to Four Peaks Investors I.Ltd.,recorded in Volume 13994,Page 476 and a called 4.464
;re tract of land described in a deed to Four Peaks Investors I.L.P.,recorded in Volume 13851,Page 593 of the Deed Records of
arrant County,Texas and being more particularly described as follows:
EGINNING at a 1/2"iron rod found at the southeast corner of called 15.571 acre tract;
HENCE South 89°49'23"West,a distance of 640.82 feet to a 5/8" iron rod set with a red plastic cap stamped"PBSJ,INC"
[ereinafter called a 5/8"iron rod set)at the northwest corner of Lot 1,Block 1 of the Galbreath Addition,as recorded in Cabinet A,
ide 3003 of the Plat Records of Tarrant County,Texas, said point being the southwest corner of the said called 15.571 acre tract;
HENCE North 00°56'26"East,a distance of 141.27 feet to a 5/8" iron rod set at the most easterly southeast corner of the said called
464 acre tract;
HENCE North 89°19'58"West,a distance of 60.65 feet to a 5/8" iron rod set for corner;
HENCE South 00°40'02"West,a distance of 41.05 feet to a 5/8"iron rod set for corner;
FENCE North 89°19'58"West,a distance of 76.37 feet to a 5/8"iron rod set for corner;
HENCE South 00°40'02"West,a distance of 181.38 feet to a 1/2"iron rod found in the north line of a tract of land dedicated to the
iblic,recorded in Volume 3672,Page 101 of the Deed Records of Tarrant County,Texas;
FIENCE along said north line North 89°32'24" West,a distance of 300.31 feet to a 5/8"iron rod set at the southwest corner of the
id called 4.464 acre tract and the southeast corner of a tract of land described in a deed to Bobby Wayne Cate and wife Karolyn K.
ate,recorded in Volume 8870,Page 1327 of the Deed Records of Tarrant County,Texas;
'HENCE North 00°22'36"East,a distance of 497.39 feet to a 1/2"iron rod found at the northwest corner of the said called 4.464 acre
act said point also being the northeast corner of a tract of land described in a deed to Rocky D. Smotherman and Michael Cowan,
corded in Volume 2255,Page 422 of the Deed Records of Tarrant County,Texas;
:JENCE along the north line of the said called 4.464 acre tract North 89°07'20"East,a distance of 441.38 feet to a 1/2" iron rod
and at the northeast corner of the said called 4.464 acre tract,same being the southeast corner of Lot 2 of the John Childress No.254
ldition,recorded in Cabinet A, Slide 912 of the Plat Records of Tarrant County,Texas,same being in the west line of the said called
1.571 acre tract;
HENCE North 00°56'26"East,a distance of 645.88 feet to a 5/8"iron rod set at the northwest corner of the said called 15.571 acre
act,said point being in the east line of Burney Lane;
HENCE South 89°58'31"East,a distance of 627.38 feet to a 5/8"iron rod set at the northeast corner of the said called 15.571 acre
act;
=ENCE South 00°13'23"West,a distance of 1070.54 feet to the POINT OF BEGINNING and containing 20.037 acres of land.
TRACT TWO
2.831 ACRES
TUATED in the Leonard Lincoln Survey,Abstract No. 981,in Tarrant County,Texas and being a resurvey of a called 2.835 acre
Let of land described in a deed to Four Peaks Investors I,Ltd. as recorded in Tarrant County Clerk's File No.D199232769 of the
trrant County Deed Records,and being more particularly described as follows:
F,GINNING at a 1/2"iron rod found at the southeast corner of Lot 3,Block 1 of Lake Park,an addition to the City of Grapevine,as
corded in Cabinet A, Slide 3688 of the Plat Records of Tarrant County,Texas;
{ENCE North 00°23'34"East, a distance of 141.75 feet to a 5/8"iron rod set with a red plastic cap stamped"PBSJ,INC"
ereinafter called a 5/8"iron rod set)in the south line of a tract of land dedicated to the Public,recorded in Volume 3672,Page 101
EXHIBIT. / TO ,ehA0-frt •. /13
Page _L. _ of .3 _
F the Deed Records of Tarrant County,Texas,said point being the northeast corner of said Lot 3,Block 1 of Lake Park,and being the
)rthwest corner of the said called 2.835 acre tract;
:Eis El VEL)
HENCE along the north line of the said called 2.835 acre tract South 89°32'24" East, a distance of 509.09 feet to a 5/8" iron rod set
the northeast corner thereof;
HENCE South 13°45'49"West,a distance of 132.70 feet to 5/8"iron rod set for corner; L[,.A N NI NG
HENCE South 62°06'56"West,a distance of 318.71 feet to a 1/2"iron rod found at the southeast corner of the said called 2.835 acre
act;
HENCE North 89°44'01"West,a distance of 257.33 feet to a 5/8"iron rod set at the southwest corner of the said called 2.835 acre
let;
HENCE North 00°15'36"East,a distance of 139.43 feet to a 5/8"iron rod set for corner in the south line of the said Lot 3,Block 1 of
tke Park Addition;
-IENCE South 89°40'50"East,a distance of 59.93 feet along the south line of said Lot 3,Block 1 of Lake Park Addition to the
)INT OF BEGINNING and containing 2.831 acres of land.
SURVEYOR'S
CERTIFICATION
ie undersigned,hereby certifies to the above,that the property hereon shown and herein described represents an on the ground
rvey on August 29,2000.
p..• \STEq-••
Ebert W. Cummings G � "
gistered Professional Lan, _ eyor#406Q "'Q. `�'' . `
IS&J,Inc. _ ►1�l• ; •
99 Summerside Drive,Dallas,Texas 75252 ; & . . ...... .
o• ••
72)380-2605 •.,0 4060
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O Sip.
EXHIBIT `n TO 1d�c�no-1/3
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