HomeMy WebLinkAboutORD 2001-087 ORDINANCE NO. 2001-87
�` � 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 Z01-15 ON TRACTS
OF LAND OUT OF THE J. BAKER SURVEY, ABSTRACT
NOS. 167 AND 1691 D; DUNNIGAN SURVEY, ABSTRACT
1655D; T. COUSEY SURVEY, ABSTRACT 317D, AND THE
J.E. HOLLAND SURVEY, ABSTRACT 614D, 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-MF-1" MULTIFAMILY 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.
ORD. NO. 2001-87 2
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 Z01-15 to rezone the following described
property to-wit: being a 55.9 acre tract of land out of the J.M. Baker Survey, Abstract
Nos. 167 and 1691; the Dunnagan Survey, Abstract 1655; the Thomas W. Cousy Survey,
Abstract 317; and the John E. Holland Survey, Abstract 614, Dallas and Tarrant County,
Texas (generally located north and east of the Grapevine Mills Boulevard and Grapevine
Mills Parkway/F.M. 2499 intersection), more fully and completely described in Exhibit "A",
attached hereto and made a part hereof, which was previously zoned "R-MF-1" Multifamily
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. 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.
�
ORD. NO. 2001-87 3
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
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 20th day of November, 2001.
.s ., APPROVED:
�...:.�
William D. Tate
Mayor
ATTEST:
�
Linda Huff
City Secretary
API'ROVED AS TO FORM:
_ ,..� -�
� �'`---.,� C�
� John F. Boyle, Jr.
City Attorney
ORD. NO. 2ooi-8� 4
CIMARRON CROSSING EXM181fi� TO �
EXISTING RMF-1 ZONING Pfd�O ...L... Of � ■
PROPERTY DESCRIPTION
- STATE OF TEXAS: -
COUNTIES OF TARRANT & DALLAS:
BEING a tract of land situated in the J.M. Baker Survey,
Abstract No. 167, the J.M. Baker Survey, Abstract No. 1691,
the C.S. Dunnagan Survey, Abstract No. 1655, the Thomas W.
Cousy Survey, Abstract No. 317 and the John E. Holland Survey,
Abstract No. 614, Tarrant and Dallas Counties, Texas, being a
portion of a 100. 638 acre tract of land (Parcel 4, Exhibit
"D") as described in deed to Hunt Building Corporation,
recorded in Volume 13080, Page 246 and Volume 13270, Page 43
of the Deed Records of Tarrant County, Texas (DRTCT) and being
more particularly described as follows:
COMMENCING at a concrete monument found at the most
northwesterly clip corner of the intersection of the east line
of F.M. Highway No. 2499 (160 ' R.O.W. ) , with the north line of
Grapevine Mills Boulevard North (formerly Anderson - Gibson
Road, Variable width R.O.W. ) , same being the most westerly
southwest corner of Lot l, Block 1, Magic Mikes Addition, an
addition to the City of Grapevine, Tarrant County, Texas as
recorded in Cabinet A, Slide 4145 of the Plat Records of
- Tarrant County, Texas (PRTCT) ;
THENCE N 02 ' 22 ' 29" E, along the east line of said F.M. Highway
��� No. 2499 and the west line of said Lot 1, Block 1, Magic Mikes
Addition, at a distance of 183. 14 feet (Plat 182. 95 feet)
passing a cut "x" in concrete pavement set at the northwest
corner of said Lot 1, Block 1, Magic Mikes Addition and the
southwest corner of Lot 3, Block 6 of Cimarron Crossing, an
addition to the City of Grapevine, Tarrant County, Texas as
recorded in Cabinet A, Slide 5522, PRTCT, being the former
most westerly southwest corner of said Hunt Building
Corporation Parcel 4, continuing along the east line of said
F.M. Highway No. 2499 and the west line of said Lot 3, Block 6
ot Cimarron Crossing, at a distance of 328�. 83 feet passing an
1/2" iron rod with a plastic cap set at the northwest corner
of said Lot 3, Block 6 of Cimarron Crossing, continuing along
the east line of said F.M. Highway No. 2499, along the west
line of said Hunt Building Corporation Parcel 4, a total
distance of 1376. 59 feet to a 1/2" iron rod set at the most
westerly northwest corner of said Hunt Building Corporation
Parcel 4, said point lying in a southeasterly line of a tract
of land as 'described in deed to Wallcon Equities, Ltd. ,
recorded in Volume 13076, Page 448, DRTCT;
THENCE N 63 ' 25' 49" E, departing the east line of said F.M.
`�° Highway No. 2499, along a southeasterly line of said Wallcon
f�
Equities, Ltd. tract and a northwesterly line of said Hunt
Building Corporation Parcel 4, a distance of 268. 32 feet to
the POINT OF BEGINNING of the herein described tract of land;
A. .F�
THENCE N 63' 25' 49" E, continuing along the southeasterly line °
of sa�d Wallcon Equities, Ltd. tract and the northwesterly
" line of said Hunt Building Corporation Parcel 4, a distance of
555.78 feet to a 1/2" iron rod set; c�
�
THENCE N 43 ' 39 ' ll" W, along a northeasterly line of said v�
Wallcon Equities, Ltd. tract and a northwesterly line of said �
Hunt Building Corporation Parcel 4, a distance of 169. 53 feet �
to the center of Denton Creek; m
_
THENCE departing the northeasterly line of said Wallcon W
Equities, Ltd. tract, along the center of said Denton Creek
the following:
N 54 ' 14' 15" E, a distance of 114 . 36 feet;_. _ ,
N 47 ' 05' 39" E, a distance of 500. 00 feet;
N 23 '20 ' 52" E, a distance of 139. 46 feet;
N 07 ' 14 ' 38" E, a distance of 126. 08 feet;
N 28 ' 14 '26" E, a distance of 269. 61 feet;
"' THENCE S 42 ' S0 ' ll" E, departing the center of said Denton
Creek, along the southwesterly line of a tract of land as
�• � described in deed to the City of Grapevine, Texas, recorded in
Volume 88055, Page 811 of the Deed Records of Dallas County,
Texas (DRDCT) , a distance of 236. 37 feet (Adjoiner Deed 218 . 86
feet) to a 1/2" iron rod found;
THENCE S 45' 00' 06" E, continuing along the southwesterly line
of said City of Grapevine tract, a distance of 123. 88 feet
(Adjoiner Deed 124 .00 feet) to a 3/8" iron rod found;
THENCE N 45' 26' 10" E, along the southeasterly line of said
City of Gragevine tract, a distance of 1.461. 69 . feet ta a poi�nt . .
in the. center of a creek channel, said point being the most
. northerly corner of said Hunt Building Corporation Parcel 4
and the most westerly corner of the final plat of Lot 2, B3ock
1 and Lot 1, Block 2, D/FW Trade Center, an addition to the
City of Grapevine, Dallas County, Texas a.s recorded in Volume
96149, Page 1765 of the Map Records of Dallas County, Texas
(MRDCTj , from which a 3/8" iron rod found bears N 45 ' 26' 10" E,
68 . 42 feet;
THENCE departing the southeasterly line of said City of
Grapevine tract, along the northeasterly lines of said Hunt
., _ Building Corporation Parcel 4 and the southwesterly line of
��
said Lot l, Block 2 and Lot 2, Block 1, the following: �
� �
, S 12 ' 25' 03" E, at a distance of 574 . 91 feet passing the �
southwesterly corner of the existing platted terminus of • o
Corporate Drive (60 ' R.O.W. , Vol. 96149, Page 1765,
MRDCT) , continuing a total distance of 640. 60 feet to a
cut "x" in concrete pavement set; �
�
S 19 ' 06' 34" E, at a distance of 8 . 02 feet passing the m
southeasterly corner of the existing platted terminus of � a
said Corporate Drive, continuing a total distance of
323. 52 feet; �'
m
S 31 ' 32 ' 13" E, a distance of 196. 55 feet to a point , K
from which a cut "x" in a concrete flume found in the W
northwesterly line of State Highway No. 121 (Variable
width R.O.W. , Volume 87022, Page 3963, DRDCT) , at the
most southerly corner of Lot 1, Block- 1, D/FW Trade
� Center, an addition to the City of Grapevine, Tarrant
County, Texas as recorded in Volume 95250, Page 3681,
MRDCT and the most easterly corner of said Hunt Building
Corporation Parcel 4 bears S 31 ' 32 ' 13" E, 942. 25 feet;
THENCE S 42 ' 17 ' 17" W, departing the southwesterly line of
said Lot 2, Block 1, traversing said Hunt Building Corporation
Parcel 4, a distance of 1261. 11 feet to an 1/2" iron rod found
at a reentrant corner of said Hunt Building Corporation Parcel
4 and the northeast corner of a 21. 000 acre tract of land as
described in deed to Hunt Building Corporation, recorded in
� Volume 13296, Page 276, DRTCT;
THENCE S 89 ' S6' 02" W, along a south line of said Hunt Building
Corporation Parcel 4, the north line of said Hunt Building
Corporation 21. 000 acre tract and the north line of a 21. 605
acre tract of land as described in deed to Cimarron Grapevine
Partners, Ltd. , recorded in Volume 14626, Page 485, DRTCT, at
a distance of 1815. 53 feet passing an 1/2" iron rod set at a
reentrant corner of said Hunt Building Corporation Parcel 4
and the northwest corner of said Cimarron Grapevine Partners,
Ltd. 21. 605 acre tract, continuing a total distance of
1825. 47 feet to �the POINT OF BEGINNING, and containing
_ 2, 436, 012 square feet or 55. 923 acres of land. � -
�_�