HomeMy WebLinkAboutORD 2017-062 ORDINANCE NO. 2017-062
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 Z17-05 ON A TRACT
OF LAND OUT OF THE JAMES 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(2900 GENESIS WAY); ORDERING A CHANGE
IN THE USE OF SAID PROPERTY FROM"CC"COMMUNITY
COMMERCIAL DISTRICT 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, 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 Z17-05 to rezone the following described
property to-wit: being a 16.267 acre tract of land out of the James Gibson Survey,Abstract
Ordinance No. 2017-062 2
No. 586, Tarrant County, Texas (2900 Genesis Way), more fully and completely described
in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CC"
Community Commercial District 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.
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. 2017-062 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 19th day of September, 2017.
APPROVED:
Willia D. Tate
Mayor
ATTEST:
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Tara Brooks L a
City Secretary
` * *
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
L.
Ordinance No. 2017-062 4
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EXHIBIT
OWNER'S CERTIFICATE Page I of
STATE OF TEXAS
COUNTY OF TARRANT
WHEREAS, SMF Interests Inc., Fellowship Church Inc. aka Fellowship Las Colinas and Fellowship Church
are the owners of a 16.267 acre tract of land situated in the James Gibson Survey, Abstract No. 586,
Tarrant County,Texas; said tract being all of Lot 1, Block 1,SMF Interests Addition, an addition to the City
of Grapevine,Texas,according to the Plat recorded in Instrument No. D205095561 of the Official Records
of Tarrant County,Texas; all of that certain tract described in Special Warranty Deed to SMF Interests Inc.
recorded in Instrument No. D204397570 of the said Official Public Records, all of that certain tract of land
described in Special Warranty Deed to Fellowship Church recorded in Instrument No. D20287644, of the
said Official Public Records, part of that certain tract of land described in Special Warranty Deed to
Fellowship of las Colinas recorded in Volume 94091, Page 1680 of the Deed Records of Tarrant County,
Texas and part of that certain tract of land described in Special Warranty Deed to Fellowship of las Colinas
recorded in Volume 11578, Page 1111, of the said Deed Records; said 16.267 acre tract being more
particularly described as follows:
BEGINNING; at a 5/8-inch iron rod found at the north end of a right-of-way corner clip at the intersection
of the south right-of-way line of Genesis Way (a 70-feet wide public right-of-way) and the east right-of-
way line of Enchanted Way(a 70-feet wide public right-of-way);
THENCE, North 89 degrees, 28 minutes, 16 seconds East, along the said south line of Genesis Way at a
distance of 191.73 feet passing the northeast corner of the said Lotl and the northwest corner of that
said Fellowship Church tract, at a distance of 600.50 feet passing the northeast corner of the said tract
Fellowship Church tract,at a distance of 664.09 feet passing the intersection of said south line of Genesis
Way and the east right-of-way line of Fellowship Way (a 65-feet wide public right-of-way), and into and
across of the said Fellowship Church Inc.tract,continuing in all a total distance of 1,305.00 feet to a point
for corner;
THENCE, continue into and across the said Fellowship Church Inc.tract the following two (2) calls:
South 00 degrees,48 minutes, 19 seconds East, a distance of 535.84 feet to a point for corner;
South 89 degrees, 21 minutes, 40 seconds West, a distance of 581.40 feet to a 1/2-inch iron rod
found for corner; said point being a southwest corner of said Fellowship Church Inc.tract and the
northeast corner of that certain tract of land described in Special Warranty Deed to James B.
Martino recorded in Instrument No. D209270707 of the said Official Public Records;
THENCE, along the north line of said James B. Martino tract the following three (3) calls:
North 88 degrees, 27 minutes,40 seconds West, a distance of 123.19 feet to a 3/4-inch iron rod found for
corner at the westernmost southwest corner of said Fellowship Church Inc. tract •.. • e
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southeast corner of the said Fellowship Church tract and an angle point in the said noRla0e of aces p._
Martino tract;
South 89 degrees, 25 minutes, 16 seconds West, a distance of 408.77 feet to a 1/2-inch iron rod with
"GOODWIN MARSHALL" cap found at the southwest corner of the said Fellowship Church tract, the
southeast corner the said Lot 1 and an angle point;
South 89 degrees, 24 minutes,44 seconds West,a distance of 213.67 feet to a 1/2-inch iron rod found for
corner in the said east line of Enchanted Way; said point being the southwest corner of the said Lot 1 and
the northwest corner of the said James B. Martino tract;
THENCE, along the said east line of Enchanted Way and the west line of said Lot 1, the following two (2)
calls:
North 00 degrees, 35 minutes,47 seconds West,a distance of 513.08 feet to a 5/8-inch iron rod found for
corner at the south end of the said corner clip;
North 44 degrees, 26 minutes, 17 seconds East, along the said corner clip, a distance of 28.27 feet to the
POINT OF BEGINNING;
CONTAINING: 708,594 square feet or 16.267 acres of land, more or less.
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