HomeMy WebLinkAboutORD 2017-093 ORDINANCE NO. 2017-093
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS; 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 Z17-10 ON A TRACT
OF LAND OUT OF THE H. DECKER SURVEY, ABSTRACT
NO. 438 AND THE W.D. SHEPHERD SURVEY, ABSTRACT
NO. 1394 (3100 TIMBERLINE DRIVE); 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 "R-7.5" SINGLE
FAMILY DISTRICT TO "GU" GOVERNMENTAL USE
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 A 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
Ordinance No. 2017-093 2
amended and changed by Zoning Application Z17-10 to rezone the following described
property to-wit: being a 2.733 acre tract of land out of the H. Decker Survey, Abstract No.
438, and the W.D. Shepherd Survey, Abstract No. 1394 Tarrant County, Texas (3100
Timberline Drive), more fully and completely described in Exhibit"A", attached hereto and
made a part hereof, which was previously zoned "R-7.5" Single Family District Regulations
is hereby changed to "GU" Governmental Use District Regulations, 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.
Ordinance No. 2017-093 3
Section 8. The fact that the present ordinances and regulations of the City of
L 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 19th day of December, 2017.
APPROVED:
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William D. Tate
Mayor
ATTEST: GRAPF`
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Tara Brooks _
City Secretary * *-*
APPROVED AS TO FORM:
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Ordinance No. 2017-093 4
E.''HIBIT q3
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Being that certain tract of land situated in the H.Decker Survey,Abstract No.438,and the W.D.Shepherd
Survey,Abstract No. 1394,City of Grapevine,Tarrant County,Texas,and being all that certain tract of
land to City of Grapevine,by Special Warranty Deed recorded in Instrument Number D217150772,
Official Public Records,Tarrant County,Texas,same being all of Lot 2,Block 1,Timberline Education
Addition,an Addition to the City of Grapevine,Tarrant County,Texas,according to the plat thereof
recorded in Cabinet A,Page 2926,Map Records of Tarrant County,Texas,and being more particularly
described as follows:
BEGINNING at a 5/8 inch iron rod found for the northwest corner of said Lot 2,same being the most
westerly southwest corner of Lot 1,said Block 1,said Timberline Education Addition,same being in the
easterly right-of-way line of Timberline Drive(a variable width public right-of-way);
THENCE along the common line of said Lot 2 and said Lot 1 as follows:
North 82 deg.02 min.00 sec.East,a distance of 398.93 feet to an angle point;
North 70 deg.40 min.00 sec.East,a distance of 110.43 feet to a 5/8 inch iron rod found for the most
northerly corner of said Lot 2,same being an internal corner of said Lot 1;
South 47 deg.08 min.09 sec.East,a distance of 108.36 feet to an'X'cut found in concrete for the most
easterly corner of said Lot 2,same being an internal corner of said Lot 1;
South 40 deg.34 min.38 sec.West,a distance of 160.06 feet to an'X'cut found in concrete for the
beginning of a curve to the left having a radius of 125.00 feet,a delta angle of 18 deg.26 min.30 sec.,and
a chord bearing and distance of South 31 deg.21 min.22 sec.West,40.06 feet;
In a southwesterly direction,and along said curve to the left,an arc distance of 40.23 feet to an'X'cut
found in concrete for the beginning of a reverse curve to the right having a radius of 173.71 feet,a delta
angle of 50 deg.35 min.30 sec..and a chord bearing and distance of South 47 deg.25 min.55 sec.West,
148.45 feet;
In a southwesterly direction,and along said reverse curve to the right,an arc distance of 153.38 feet to an
'X'cut found in concrete for the end of said curve;
South 72 deg.43 min.38 sec.West,a distance of 85.81 feet to a point for the beginning of a curve to the
left having a radius of 42.00 feet,a delta angle of 35 deg.51 min 37 sec.,and a chord bearing and distance
of South 54 deg.47 min.48 sec.West,25.86 feet;
In a southwesterly direction,and along said curve to the left,an arc distance of 26.29 feet to an'X'cut
found in concrete for the beginning of a reverse curve to the right having a radius of 20.00 feet,a delta
angle of 25 deg.25 min.05 sec.,and a chord bearing and distance of South 49 deg.34 min.22 sec.West,
8.80 feet;
In a southwesterly direction,and along said reverse curve to the right,an arc distance of 8.87 feet to a 5/8
inch iron rod found for the south corner of said Lot 2,same being the most southerly northwest corner of
said Lot 1,same being in the easterly right-of-way line of aforesaid Timberline Drive,same being the
beginning of a non-tangent curve to the right having a radius of 770.00 feet,a delta angle of 27 deg.41
min.25 sec.,and a chord bearing and distance of North 39 deg.33 min.01 sec.West,368.52 feet;
THENCE in a northwesterly direction,along said non-tangent curve to the right,and along the common
line of said Lot 2,and the easterly right-of-way line of said Timberline Drive,an arc distance of 372.13 feet
to the POINT OF BEGINNING and containing 119,048 square feet or 2.733 acres of computed land,more
or less. �t
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