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HomeMy WebLinkAboutORD 1989-082 ORDINANCE NO. 89-82 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, AMENDING ORDINANCE NO. 82-73, AS AMENDED, THE COMPREHENSIVE ZONINC ORDINANCE OF THE CITY, THE SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE OF ORDINANCES , GRANTING A ZONING CHANGE ON A TRACT OF LAND GENERALLY ^�'* DESCRIBED AS CERTAIN LAND OWNED BY THE DALLI�S/FORT WORTH INTERNATIONAL AIRPORT WITHIN THE CITY AND AS MORE PARTICULARLY ;�,, DESCRIBED IN THE ATTACHED EXHIBIT "A" , FROM "DFW" DALLAS/FORT WORTH INTERNATIONAL AIRPORT DISTRICT TO "GU" GOVERNMENTAL USE DISTRICT; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A CLAUSE RELATING TO- SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN 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, the City of Grapevine, Texas, (the "City") has heretofore taken all steps and satisfied all prerequisites and conditions necessary, pursuant to State law and the Comprehensive Zoning Ordinance of the City, Ordinance No. 82-73, as amended, to "�` amend the official Zoning Map of the City as hereinafter set forth, including the giving of the required notices; and w� WHEREAS, the City Council in making a determination as to whether or not the said amendment should be made did consider, among other things, the character of the zoning district and its peculiar suitability to the land made the subject of this ordinance, with a view of conserving the value of buildings and encouraging the most appropriate use of land in the City; and WHEREAS, the City Council further considered the safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the land, protection of adjacent property from noise producing elements, the damages possibly present and the securing of safety from the same, and the effects on the health and welfare of the public; 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 change does 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 WHEREAS, the City Council of the City of Grapevine, Texas, does find that the change in zoning helps secure safety from '�� possible dangers and promotes health and the general welfare of the public; and WHEREAS, having received the final report and recommendation from the City Planning & Zoning Commission and having concluded a public hearing with the said Commission, the holding of which hearing is hereby ratified and affirmed, 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 above and foregoing preamble is true and correct and is incorporated herein as if copied herein in its � entirety. Section 2 . That Ordinance No. 82-73, as amended, of the City of Grapevine, Texas, being the Comprehensive Zoning Ordinance of the City and also being known as Appendix "D" of the Code of Ordinances of the City, is hereby amended in the following particulars, and that all other parts of the Zoning Ordinance are not amended but are hereby ratified, verified, approved and affirmed: A. That the zoning on that tract of land located within the City of Grapevine, generally described as certain land owned by the Dallas/Fort Worth International Airport within the City current�y zoned "DFW" Dallas/Fort Worth International Airport District and as more particularly described in Exhibit "A" attached hereto and incorporated herein, which Exhibit describes the tract of land as shown on Exhibit "B" attached hereto and incorporated herein, shall be and is hereby changed from "DFW" Dallas/Fort Worth International Airport District to "GU" Governmental Use District. '"�' Section 3 . The City Manager is hereby directed to correct the official Zoning Map of the City of Grapevine, Texas, to �,,,, reflect the change in zoning made hereby. Section 4 . That in all other respects the use of the tract or tracts of land hereinabove described shall be subject to all the applicable regulations contained in said City of Grapevine Zoning Ordinance, all other applicable and pertinent ordinances of the City of Grapevine, Texas, and all State or Federal laws. Section 5 . That. the change in zoning herein made has been made in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. The zoning change has been designed with respect to both present conditions and the conditions reasonably anticipated to exist in the foreseeable future, to secure safety from possible dangers, and to make adequate provisions for the normal business, commercial needs and development of the community. It has been made with reasonable consideration, among other things, of the character of the district, and its peculiar suitability for the particular use and with a view of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. ,�_� Section 6 . 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 7 . That the terms and provisions of this ordinance shall be deemed to be severable, and if any section, paragraph, sentence, phrase or word of this ordinance shall be declared to be unconstitutional, illegal or invalid, such unconstitutionality, illegality or invalidity shall not affect any of the remaining sections, paragraphs, sentences, phrases and words, and the City Council hereby finds and declares that the same would have been enacted by the Council without the inclusion in this ordinance of any such unconstitutional, illegal or invalid section, paragraph, sentence, word or phrase. Further, 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 8 . 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 9 . 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 first reading on this the 21st day of November , 1989 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on an emergency basis on this the 5th day of December , 1989 . � APPROVED: � � Willi m D. Tate Mayor ATTEST: Li da Huff City Secretary APPROVED AS TO FORM AND LEGALITY: ,.•�..z, John F. Boyle, Jr. City Attorney �;.�. EXHIBIT "A" TO ORDINANCE NO. 89-82 Page 1 ZONING CASE 89-11 QarCel DFW International Airport �^°µ°� BEING a tract of land located in Grapevine, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point in the intersection of the centerline of Bethel Road �" and the Tarrant-Dallas County Line; THENCE southerly alonq Dallas-Tarrant County line, a distance of approximately 28, 100 feet, to the intersection of the Dallas Tarrant County line and the Grapevine-Euless city limit line; THENCE westerly along the Grapevine-Eulesa city limit line, a distance of approximately 2,100 feet, to a point; THENCE northerly along the Grapevine-Euless city limit line, a distance of approximately 1, 100 feet to a point; � � THENCE westerly along the Grapevine-Euless city limit line, a distance of approximately 10,500 feet to the intersection of the centerline of F'uller- . Wiser Road; THENCE northerly along the centerline of Fuller Wiser Road projected, a distance of approximately 1,300 feet, to its intersection with ttie centerline of Bear Creek; THENCE northwesterly alonq the centerline of Bear Creek and its meanders, a distance of approximately 5,250 feet, to the intersection of the centerline of Euless-Grapevine Road; ' � THENCE northerly alonq the centerline of Euless-Grapevine Road, a distance of approximately 2,700 feet, to ita intersection with a northwesterYy yr,,,, boundary line of DFW Airport; THENCE northwesterly alonq the DFW Airport boundary, a distance of approximately 4,700 feet, to the intersection of the centerline of Arlington-Grapevine Road; THENCE northeasterly along aaid centerline of Arlington-Grapevine� Road, a . distance of approximately 340 feet, to its intersection Nith a northwesterly property line of DFW Airport; TIlF.t7CE northwesterly alonq a property line of DEW Airport, a distance of approximately 2,750 feet, to a pointi TFIENCE westerly alonq a property line of DFW Airport, a diatance of approximately 220 feet, to a point; THENCE no=therly along a property line of DFW Airport, a •dietance of approximately 250 feet, to a pointt THENCE northwesterly along a property line of DF'W Airport, a d_istance of approximately 3,200 feet, to a pointt THENCE northeasterly alonq a property line of DE'W Airport, a distance of � �a � approximately 3,050 feet, to a point; _ THENCE �outheasterly along a property line of DEW Airport, a d3stanCe of - approximately 5, 500 feet, to a point; �.t� TNENCE southeasterly along a pzoperty line of DEW Airport, a distance of EXHIBIT "A" TO ORDINANCE NO. 89-82 Page 2 approximately 20 feet, to a point; THEi10E easterly along a property line of DFW Airport, a distance of approximately 6,250 feet, to the centerline of Minters Chapel Road �� projected; Tl1ENCE northerly slong said centerline of Minters Chapel Road projected and Minters Chapel Road, a distance of approximately 1, 700 feet, to the '�' �` intersection of the centerline of State Highway 114/121; THENCE easterly along the centerline of State Highway 114/121, s distance of approximately 1,250 feet, to the intersection of the centerline of Spur 382t - THENCE northerly along the centerline of Spur 382, a distance of , approximately 3, 400 feet, to the intersection of the centerline of Dallas ' Road; TF1E1tCE easterly along the centerline of Dallas Road projected, a distance ` of approximately 850 feet, to the intersection of a property line of DFW Airport; THEPJCE northerly along the property line of DFW Airport, a distance of approximately 9, 950 feet, to the intersection of the centerline of State Hiqhway 26; ' TtiENCE northeasterly along the centerline of State Hiqhway 26, a distance of approximately 2,500 feet, to a property line of DFW Airportt THENCE northerly along a property line of DFW Airport, a distance of approximately 1, 500 feet, to the intersection of the ce�terline of Bethel ��, Road projected; ' TNENCE easterly alonq the centerline of Bethel Road proiected and Bethel ;� �: Road, a distance of approximately 6, 400 feet, to the POINT of BEGINNING. , . _ . , �e� ��e