HomeMy WebLinkAboutORD 2017-069 ORDINANCE NO. 2017-069
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 Z17-06 ON A TRACT
OF LAND OUT OF THE WILLIAM DOOLEY SURVEY,
ABSTRACT NO. 422, 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; (815 SOUTH MAIN STREET, 217 AND 255
EAST DALLAS ROAD) ORDERING A CHANGE IN THE USE
OF SAID PROPERTY FROM "LI" LIGHT INDUSTRIAL
DISTRICT TO "GU" GOVERNMENTAL USE DISTRICT;
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); 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 and 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 Z17-06 to rezone the following described
property to-wit: being a 4.459 acre tract of land out of the William Dooley Survey, Abstract
Ordinance No. 2017-069 2
No. 422, Tarrant County, Texas (815 South Main Street, 217 East Dallas Road and 255
East Dallas Road), more fully and completely described in Exhibit"A", attached hereto and
made a part hereof, which was previously zoned "LI" Light Industrial District is hereby
changed to "GU" Governmental Use 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.
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
Ordinance No. 2017-069 3
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 17th day of October, 2017.
APPROVED:
10,
William D. Tate
Mayor
ATTEST:
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Tara Brooks . / -N . c
City Secretary *---*'
APPROVED AS TO FORM:
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. mvfew C.C. ( 1e,
City Attorney
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Ordinance No. 2017-069 4
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} LAND DESCRIPTION
GRAPEVINE MAIN
BEING a tract of land situated in the William Dooley Survey, Abstract No. 422, Tarrant
County, Texas, and being a portion of Blocks 5 and 6 of Blocks 1 To 7 Inclusive,
Lipscomb And Daniel Subdivision, an addition to the City of Grapevine, Tarrant County,
Texas, as recorded in Volume 388-D, Page 333, of the Plat Records of Tarrant County,
Texas (P.R.T.C.T.) and being all of a called 4.2529 acre tract of land described in
instrument to the City of Grapevine, as recorded in Instrument No. D209250024 of the
Deed Records of Tarrant County, Texas (D.R.T.C.T.), and being a portion of a 0.1363
Acre tract of land described in instrument to the City of Grapevine, as recorded in
Volume 9645, Page 1933, D.R.T.C.T., and being all of a proposed right-of-way
abandonment by the City of Grapevine, and being more particularly described as
follows:
BEGINNING at an "X" cut set in concrete at the southeast corner of said proposed right-
of-way abandonment, from which a 5/8 inch iron rod found with plastic cap stamped
"GSES INC. RPLS 4804" at the southeast corner of said 4.2529 acre tract, same being
the northeast corner of said 0.1363 Acre tract, same being the southwest corner of
Dallas Road Addition, an addition to the City of Grapevine, Tarrant County, Texas, as
recorded in Cabinet A, Slide 1296, P.R.T.C.T., bears North 07 degrees 44 minutes 11
seconds West, a distance of 13.39 feet;
THENCE, South 85 degrees 28 minutes 50 seconds West, along the south line of said
proposed right-of-way abandonment, a distance of 670.13 feet to an "X" cut set in
concrete;
THENCE, North 04 degrees 31 minutes 22 seconds West, along the west line of said
proposed right-of-way abandonment, a distance of 13.37 feet to a 1/2 inch iron rod
found on the north line of said 0.1363 Acre tract, same being the south line of said
4.2529 acre tract, said point being at the southeast end of a corner clip of the
intersection of the northerly right-of-way line of East Dallas Road and the easterly right-
of-way line of South Main Street (an 80-foot right-of-way), and being the beginning of a
non-tangent curve to the right having a central angle of 79 degrees 53 minutes 03
seconds, a radius of 40.00 feet, subtended by a 51.36 foot chord which bears North 50
degrees 52 minutes 50 seconds West;
THENCE, along said curve to the right, and along said northerly right-of-way line, an arc
distance of 55.77 feet to a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars"
at the northwest corner of said 0.1363 Acre tract, said point being the northwest end of
said corner clip;
THENCE, North 00 degrees 40 minutes 07 seconds West (Record: North 00 degrees
40 minutes 37 seconds West), along the easterly right-of-way line of South Main Street,
a distance of 200.77 feet to a 5/8 inch iron rod found with plastic cap stamped "GSES
INC. RPLS 4804" at the northwest corner of said 4.2529 acre tract, said point being on
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EXHIBIT TO
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-•--.--.-:_ #ti.e•-southerfy`-tight-of-way line of Dallas Area Rapid Transit (D.A.R.T.), as described in
instrument to Dallas Area Rapid Transit Property Acquisition Corporation and recorded
in Volume 10146, Page 640, D.R.T.C.T.;
THENCE, North 80 degrees 01 minutes 53 seconds East (Record: North 80 degrees
01 minutes 23 seconds East), along said D.A.R.T. right-of-way, a distance of 679.26
feet to a 5/8 inch iron rod set with plastic cap stamped "Huitt-Zollars" at the northeast
corner of said 4.2529 acre tract, same being the northwest corner of said Dallas Road
Addition;
THENCE, South 07 degrees 44 minutes 11 seconds East (Record: South 07 degrees
44 minutes 41 seconds East), along the west line of said Dallas Road Addition, passing
at distance of 300.74 feet the southwest corner of the same and continuing a total
distance of 314.13 feet to the POINT OF BEGINNING and CONTAINING 4.459 Acres
of land, more or less.
Bearings are based on the Texas State Plane Coordinate System, South Central Zone
(4204), North American Datum 1983 (2011).
For Huitt-Zollar nc.
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Eric J. Yahoudy
Registered Professional Land Surveyor
Texas Registration No. 4862
Huitt-Zollars, Inc.
Firm Registration No. 10025600
1717 McKinney Avenue , Suite 1400
Dallas, Texas 75202-1236
Ph. (214) 871-3311
Email: yahoo@huitt-zollars.com
Date of Certification: 8/15/2017
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