HomeMy WebLinkAboutORD 2003-015 �. ORDINANCE NO. 2003-15
� _ 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 Z03-01 ON A TRACT
OF LAND OUT OF THE J.C. MOFFAT SURVEY, ABSTRACT
NO. 1797, DALLAS COUNTY, DESCRIBED AS BEING A
TRACT OF LAND LYING AND BEING SITUATED IN THE
CITY OF GRAPEVINE, TARRANT COUNTY AND DALLAS
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
"BP" BUSINESS PARK 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) 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:
���
ORD. NO. 2003-15 2
.� 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 Z03-01 to rezone the following described
property to-wit: being a 17.96 acre tract of land out of the J.C. Moffat Survey, Abstract
No. 1797, Tarrant County, Texas, 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 "BP" Business Park 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.
ORD. NO. 2003-15 3
� � 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 18th day of March 2003.
APPROVED:
William D. Tate i
Mayor
ATTEST:
�
Lin a Huff
City Secretary
APPROVED AS TO FORM:
�
John F. Boyle, Jr
City Attorney
�;.�.
ORD. NO. zoo3-�5 4
EXHIBIT� TO ����.'�-/S REC
Pa�e _..L ot _.L_a EII�EO
LEGAL DESCRIPTION FEB 2 6 �Q�3
_ � PLAlVNI/��
Being a 1?.96 acre tract or parcel of land in the City of Grapevine and being si�t`I;ated in �
�"" the J.C. Moffatt Survey, Abstract 1797, and the J.C. Moffatt Survey, Abstract 2048,
Dallas County, Texas, and being a portion of a 169.1406 acre tract of land conveyed to
Robert S. Beall as described in County Clerk File Number 96-0039941 of the Deed
Records, Denton,County, Texas (D.R.D.C.T.) and being more particularly described by
metes and bounds as follows:
BEGINIVING at a point in the north right-of-way line of Lakeside Pazkway and a point
in the approximate Flower Mound and Grapevine City Limits (per City of Grapevine);
THENCE in a northerly direction along said City Limits line, North O1 degrees 12
minutes 53 seconds West, a distance of 316.18 feet io a point for corner;
THENCE in an easterly direction along said City Limits line, South 89 degrees 45
minutes 14 seconds East, a distance of 1,017.64 feet to a point in the east line of said
Beall tract for corner;
THENCE South 00 degrees 10 minutes 31 seconds East, a distance of 1,228.37 feet
along the east property line of said Robert S. Beall tract to a '/z inch set iron rod for
corner in the north line of the Lakeside Parkway right-of-way;
THENCE North 47 degrees 54 minutes 24 seconds West, along the north right-of-way
�,�
line of Lakeside Parkway a distance of 1,367.41 feet to the POINT OF BEGINNING �
and containing 782,309 square feet, or 17.96 acres of land, more or less.
NOTE:
1) Basis of Bearing for this survey is the south line of a 81.083 acre tract of land
described in the deed recorded in Volume 4875, Page 1784 of the Deed Records of
Denton County, Texas and assumed to be South 89 degrees 16 minutes 27 seconds
West. Bearings are based on the City af Grapevine Control Monument No.4 being
reference to its Azimuth Mazk (Radio Tower) a NAD-83 Grid Azimuth of North 265
degrees 09 minutes 3 8 seconds.
2) It should be noted that the county lines associated with the said City limits mentioned
herein aze being disputed. The final location of these lines as established by tlie courts
or other future boundary line agreements not available at the time of this survey.
�