HomeMy WebLinkAboutORD 2008-001 ORDINANCE NO. 2008-01
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 Z07-15 ON A TRACT
OF LAND OUT OF THE J. GIBSON SURVEY, ABSTRACT
NO. 586, 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 "BP" BUSINESS PARK DISTRICT
REGULATIONS TO "CC" COMMUNITY COMMERCIAL
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.
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
ORD. NO. 2008-01 2
amended and changed by Zoning Application Z07-15 to rezone the following described
property to-wit: being a 7.0447 acre tract of land out of the J. Gibson Survey, Abstract No.
,ate
586, Tarrant County, Texas (2850 North State Highway 121; Lots 1 and 2, Block 1,
Northpoint Addition), more fully and completely described in Exhibit "A", attached hereto
and made a part hereof, which was previously zoned "BP" Business Park District
Regulations is hereby changed to "CC" Community Commercial District Regulations, all in
accordance with Comprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. That 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. That 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. That 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.
M .x
ORD. NO. 2008-01 3
Section 8. That 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 15th day of January, 2008.
APPROVED:
7194—Li
William D. Tate
Mayor
ATTEST:
•
Lin a Huff I,
City Secretary
APPROVED AS TO FORM:
"cia
gat
D. las H. Conner, Ill
Assistant City Attorney
ORD. NO. inns-ni 4
EXHIBIT_. TO C31 , . 40QJ•a/
Page _.L. of ...L.__
Description of a 7.0447 acre tract of land out of the J. Gibson Survey, Abstract No. 586 situated in
the City of Grapevine, Tarrant County, Texas; said 7.0447 acre tract being a portion of Lot 1, Block
1, Northpoint Addition, an addition to the City of Coppell, Dallas County and the City Grapevine,
Tarrant County, as recorded in Cabinet A, Page 7705, Plat Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING, at a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC., INC."found
at the northwest corner of said Lot 1, Block 1; said point being the intersection of the southeast
right-of-way line of State Highway 121 (variable width right-of-way) with the south right-of-way line
of Northpoint Drive (variable width public right-of-way); said point being also on the City Limits line
between the City of Grapevine and the City of Coppell;
THENCE, South 00 degrees 23 minutes 05 seconds West, with said City Limits line, a distance of
824.89 feet, a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC., INC."found for
the northwest corner of Lot 2, Block 1, Fellowship of Las Colinas Addition, an addition to the City
of Coppell, as recorded in Volume 99028, Page 0027, Map Records, Dallas County, Texas; said
point also being the northeast corner of Lot 1 R, Block 1 of another Fellowship of Las Colinas
Addition, an addition to the City of Grapevine, as recorded in Cabinet A, Page 7705, Plat Records,
Tarrant County, Texas;
THENCE, North 89 degrees 45 minutes 17 seconds West, with said south line of Lot 1, Block 1, a
distance of 711.02 feet to a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC.,
INC."found at the southwest corner of said Lot 1, Block 1; said point also being on the southeast
right-of-way line of State Highway 121 (variable width right-of-way); said point also being on a non-
tangent circular curve to the right having a radius of 2,826.79 feet; t
THENCE, northeasterly, with said curve to the right, through a central angle of 08 degrees 51
minutes 11 seconds, an arc distance of 436.78 feet (chord bears North 38 degrees 24 minutes 46
seconds East, 436.34 feet) to a 1/2-inch iron rod with yellow plastic cap stamped "HALFF
ASSOC., INC." found at the end of said curve;
THENCE, North 42 degrees 50 minutes 21 seconds East, with said southeast right-of-way line, a
distance of 449.80 feet to a 1/2-inch iron rod with yellow plastic cap stamped "HALFF ASSOC.,
INC."found for an angle point;
THENCE, North 42 degrees 55 minutes 27 seconds East, with said southeast right-of-way line, a
distance of 205.00 feet to the POINT OF BEGINNING;
CONTAINING, 306,868 square feet or 7.0447 acres of land, more or less.
\QV 5 2007