HomeMy WebLinkAboutORD 2021-041 ORDINANCE NO. 2021-041
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z21-05
ON A TRACT OF LAND OUT OF THE L. LINCOLN SURVEY,
ABSTRACT 981, DESCRIBED AS BEING A TRACT OF LAND
LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT COUNTY, TEXAS (2587, 2531,
2523, 2521 AND 2529 LONESOME DOVE ROAD AND 1591
SOUTH GRAVEL CIRCLE) 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 TO"R-
7.5" SINGLE FAMILY 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 Z21-05 to rezone the following described
property to-wit: being a 13.045 acre tract of land out of the L. Lincoln Survey,Abstract 981,
Tarrant County, Texas (2587, 2531, 2523, 2521 and 2529 Lonesome Dove Road and 1591
South Gravel Circle), more fully and completely described in Exhibit "A", attached hereto
Ordinance No. 2021-041 2
and made a part hereof, which was previously zoned "R-20" Single Family District is
hereby changed to "R-7.5" Single Family 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
emergency for the immediate preservation of the public business, property, health, safety
Ordinance No. 2021-041 3
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 August, 2021.
APPROVED:
William D. Tate
Mayor
ATTEST:
•‘/Pt,
, m
Tara Brooks i‘`
City Secretary
APPROVED AS TO FORM:
Matt ew C.G. Boyle
City Attorney
Ordinance No. 2021-041 4
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METES AND BOUNDS DESCRIPTION
13.045 ACRES
FERGUSON PLACE — GRAPEVINE TRACT
IN LEONARD LINCOLN SURVEY, A-981
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
All that certain 13.045 acres of land, which is all of Lot 1, Block 1, Ferguson Addition, recorded
in Document Number D204071257 in the Plat Records of Tarrant County, Texas (P.R.T.C.T.) all
five of the tracts described in the deed to The Ferguson Family Trust, recorded in Document
Number D218227663 Deed Records of Tarrant County, Texas (D.R.T.C.T.), and all of the tract
described in the deed to Lonesome Dove Holdings, Inc., recorded in Document Number
D211060034 D.R.T.C.T., in the Leonard Lincoln Survey, A-981, City of Grapevine, Tarrant
County, Texas and more particularly described by metes and bounds as follows: (All bearings
shown hereon are based on the Texas Coordinate System of 1983, North Central Zone )
BEGINNING at a 1/2" iron rod with a cap stamped "Area Survey" found for the northeast corner
of said Lot 1, Block 1, Ferguson Addition, in the south right-of-way line of South Gravel Circle
(right-of-way varies), common to the most westerly corner of Lot 1, Block 1, Cook Addition,
recorded in Document Number D202101150 P.R.T.C.T., from which an axle found for a corner of
said Lot 1, Block 1, Cook Addition, bears North 61 ° 19' 32" East — 61.65';
THENCE along the common line of said Lot 1, Block 1, Ferguson and Lot 1, Block 1, Cook
Addition the following three courses:
South 12' 00' 50" East - 334.08' to a 1/2" iron rod with a cap stamped "Area Surveying"
found for corner;
South 11 ° 4P 3 8 " East - 483.04' to a point for corner from which a found 1/2" iron rod with
a cap stamped "Area Surveying" bears North N 46°26' East - 0.76';
South 000 42' 27" West - 102.16' to a 1/2" iron rod with a cap stamped "Area Survey"
found for the southwest corner of said Lot 1, Block 1, Ferguson Addition, common to the
northeast corner of Lot 18, Block 1, Cannon Homestead, recorded in Cabinet A, Slide 6900
P.R.T.C.T.;
THENCE South 89' 28' 33" West - 674.32' (called 674.60') to a 2" Steel Fence post found at the
most southerly southwest corner of the herein described tract, common northwest corner of Lot
10, of said Block 1, Ferguson Addition, and common to the southeast corner of a tract of land
described in the deed to Halls Dry Storage, Inc., recorded in Volume 11311, Page 1283,
D.R.T.C.T.;
THENCE North 000 48' 40" West - 249.24' a 2" Steel Fence post found at the southeast corner of
said Lonesome Dove Holdings tract, common to the northeast corner of said Halls Dry Storage
Tract;
THENCE South 89' 27' 50" West - 455.14' to 1" iron pipe found for the southwest corner of said
Lonesome Dove Holdings tract, common to the northeast corner of said Halls Dry Storage Tract,
and in the east right-of-way line of Lonesome Dove Road (right-of-way varies);
THENCE North 00' 26' 00" West - 100.15' along the east right-of-way line of said Lonesome
Dove Road, to the northwest corner of said Lonesome Dove Holdings tract, common to the
southwest corner of the 1.030 acre tract described in the deed to Lonesome Dove Holdings, Inc.,
recorded in Document Number D219101579 D.R.T.C.T.;
THENCE North 890 27' 50" East - 325.00' along the north line of said Lonesome Dove Holdings
tract, to the southeast corner of said 1.030 acre tract;
THENCE North 00' 26' 00" West - 138.10' to a 1/2" iron rod found for the northeast of said 1.030
acre tract ;
THENCE South 890 27' 50" West - 73.20' along the north line of said 1.030 acre tract, to a corner
of the herein described tract, common to the southeast corner of the tract described in the deed to
Debbie Edgington, recorded in Document Number D220241618 D.R.T.C.T., from which a 1/2"
iron rod found in a gravel road bears South 11 ° 54' East - 0.58';
THENCE North 01 ° 01' 37" West - 138.02' to corner of the herein described tract, common to the
northeast corner of said Debbie Edgington tract, and in the south line of Block 1, Drennan
Addition, recorded in Document Number D207135744 P.R.T.C.T.;
THENCE North 89' 29' 11" East - 202.29' along the south line of said Block 1, Drennan Addition,
a 5/8" iron rod found for the northwest corner of said Lot 1, Block 1, Ferguson Addition, common
to the southeast corner of said Block 1, Drennan Addition;
THENCE North 61 ° 19' 32" East along the common line of said Lot 1, Block 1, Ferguson Addition
and said Block 1, Drennan Addition, passing at a distance of 296.88' a 1/2" iron rod found for the
northeast corner of said Block 1, Drennan Addition, and in the southeast right-of-way line of said
South Gravel Circle, continue along the southeast right-of-way line of South Gravel Circle for a
total distance of 589.22' to the POINT OF BEGINNING and containing 13.045 acres of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED FOR ATTACHMENT TO
ZONING DOCUMENTS AND IS NOT INTENDED FOR TITLE TRANSFER.
JUL 2 9 [U?1