HomeMy WebLinkAboutORD 1999-106 ORDINANCE NO. 99-106
� 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 Z99-03 ON A TRACT
OF LAND OUT OF THE J GIBSON SURVEY, ABSTRACT
NOS. 587 AND 1715; THE C.S. DUNNAGAN SURVEY,
ABSTRACT N0.1655; AND THE J E HOLLAND SURVEY,
ABSTRACT NO. 614, DESCRIBED AS BEING TRACTS OF
LAND LYING AND BEING SITUATED IN THE CITY OF
GRAPEVINE, TARRANT AND DALLAS COUNTIES, 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 DISTRICTTO"CC"COMMUNINCOMMERCIALDISTRICT
REGULATIONS; CORRECTING THE OFFICIAL ZONING
MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING
���°u� 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. 99-106 2
* Section 1. That the City of Grapevine Ordinance No. 82-73, being the
�,y,, Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also known
as Appendix "D" of the City Code of Grapevine, Texas, and the same is hereby amended
and changed by Zoning Application Z99-03 to rezone the following described property to-
wit: being a 20.413 acre tract of land out of the J Gibson Survey, Abstract Nos. 587
and 1715, Dallas and Tarrant Counties; and a 36.710 acre tract of land out of the C.S.
Dunnagan Survey, Abstract No. 1655; and the J E Holland Survey, Abstract No. 614,
Dallas County, Texas (2401 State Highway 121 North), more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was previously
zoned "BP" Business Park District 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
��A 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.
ORD. NO. 99-106 3
�#s.�
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 July, 1999.
APPROVED:
���..� `=��1�—_..
William D. Tate
Mayor
ATTEST:
��
Lin a Huff
City Secretary
APPROVED AS TO FORM:
; . 3
r
John F. Boyle, Jr.
City Attorney
ORD. NO. sg-t os 4
� PROPERTY DESCRIPTION - TRACT 1
Proposed Zoning: " CC " (Community Commercial)
.��n�
J U L 2 1999
36.710 Acres situated in the
John E. Holland Survey, Abstract No. 614 &
`���' GS. Dunnagan Survey, Abstract No. 1655
Dallas County, Texas
S�ATE OF TEXAS:
COUNTY OF DALLAS:
BEING a tract of land situated in the John E. Holland Survey, Abstract No. 614 and the
C.S. Dunnagan Survey, Abstract No. 1655, City of Grapevine, Dallas County, Texas,
being a portion of that same 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 (DRTCI� and being more
particularly described as follows:
BEGINNING at a cut "x" in a concrete flume found in the northwesterly line of State
Highway No. 121 (Variable width R.O.W.), at the southerlymost corner of Lot 1, Block 1,
D/FW Trade Center, an addition to the City of Grapevine, Dallas County, Texas as
recorded in Volume 95250, Page 3681 of the Map Records of Dallas County, Texas and
the easterlymost corner of said Hunt Building Corporation Parcel 4;
�"� THENCE, along the northwesterly lines of said State Highway No. 121 and the
southeasterly lines of said Hunt Building Corporation Parcel 4, the following:
S 42°17'17" W, departing the south line of said Lot 1, Block 1, D/FW Trade Center,
a distance of 569.36 feet to a 1/2" iron rod set at the location of a concrete
monument with a brass disc previously found;
S 40°06'34" W, a distance of 75.66 feet to a 1/2" iron rod set;
S 22°13'S0" W, a distance of 133.90 feet to a 1/2" iron rod set;
S 39°17'S9" W, a distance of 293.46 feet to a 1/2" iron rod set;
S 36°25'29" W, a distance of 579.24 feet to a 1/2" iron rod set;
S 33°46'13" W, a distance of 285.35 feet (TXDOT 285.78 feet) to a 1/2" iron rod set
at the intersection of the northwesterly line of said State Highway No. 121, with the
north line of Grapevine Mills Boulevard North (formerly Anderson Gibson Road,
Variable width R.O.W., adjoining R.O.W. per Volume 12652, Page 103, DRTCI�;
THENCE S 63°42'02"W, along the north line of said Grapevine Mills Boulevard North and
a south line of said Hunt Building Corporation Parcel 4, a distance of 17.10 feet to a 1/2"
�
EXHIBIT TO
Page _.� of
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PROPERTY DESCRIPTION - TRACT 2
Proposed Zoning: " CC " (Community Commercial)
' � 20.413 Acres situated in the
James Gibson Survey, Abstract No. 1715 &
�'� James Gibson Survey, Abstract No. 587
Dallas & Tarrant Counties, Texas ��� 2 �gg9
STATE OF TEXAS:
COUNTIES OF DALLAS & TARRANT:
BEING a tract of land situated in the James Gibson Survey, Abstract No. 1715 and the
James Gibson Survey, Abstract No. 587, being a portion of a 21.000 acre tract of land
as described in deed to Hunt Building Corporation, recorded in Volume 13296, Page 276
of the Deed Records of Tarrant County, Texas (DRTC�, a portion of a 21.013 acre tract
as described in deed to Hunt Building Corporation, recorded in Volume 13296, Page 275,
DRTCT and being more particularly described as follows:
BEGINNING at a 1/2" iron rod found at the northeast corner of said Hunt Building
Corporation 21.000 acre tract, same being an ell corner of a 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, DRTCT;
THENCE S 00°09'19" E, along the east line of said Hunt Building C�rporation 21.000 acre
�� and 21.013 acre tracts and a west line of said Hunt Building Corporation Parcel 4, as
established by Boundary Line Agreement, recorded in Volume 7680, Page 2201, DRTCT,
���� a distance of 740.00 feet;
THENCE S 89°56'02" W, departing a west line of said Hunt Building Corporation Parcel
4, traversing said Hunt Building Corporation 21.013 acre and 21.000 acre tracts, a
distance of 1202.31 feet to the west line of said Hunt Building Corporation 21:000 acre
tract and the east line of a remainder portion of a tract of land as described in deed to
Crow-Billingsley Airport #2, Ltd., recorded in Volume 7161, Page 399, DRTCT;
THENCE N 00°02'54" W, along the west line of said Hunt Building Corporation 21.000
acre tract, a distance of 740.00 feet to a 3/8" iron rod found at the northwest corner of
said Hunt Building Corporation 21.000 acre tract, said point lying in a south line of said
Hunt Building Corporation Parcel 4;
THENCE N 89°56'02" E, along the north line of said Hunt Building Corporation 21.000
acre tract and along a south line of said Hunt Building Corporation Parcel 4, as
established by Boundary Line Agreement, recorded in Volume 7680, Page 2201, DRTCT,
a distance of 1200.94 feet to the POINT OF BEGINNING, and containing 889,202 square
feet or 20.413 acres of land.
EXHIBIT�.. TO
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iron rod set at the point of curvature of a non-tangent circular cuve to the left, having a
radius that bears S 09°01'37" E, 1172.00 feet;
� THENCE Southwesterly,continuing along the north line of said Grapevine Milis Boulevard
�,�
North, a south line of said Hunt Building Corporation Parcel 4 and along said circular
curve to the left, through a central angle of 07°35'14", an arc distance of 155.20 feet and
having a chord that bears S 77°10'45" W, 155.09 feet to a 1/2" iron rod set at a corner of
said Hunt Building Corporation Parcel 4 and the southeast corner of a 21.013 acre tract
of�land as described in deed to Hunt Building Corporation, recorded in Volume 13296,
Page 275, DRTCT;
THENCE N 00°09 19"W, departing the north line of said Grapevine Mills Boulevard North,
along the line common to said Hunt Building Corporation Parcel 4, the east line of said
Hunt Building Corporation 21.013 acre tract and the east line of a 21.000 acre tract of
land as described in deed to Hunt Building Corporation, recorded in Volume 13296, Page
276, DRTCT, as established by Boundary Line Agreement, recorded in Volume 7680,
Page 2201, DRTCT, a distance of 1445.53 feet to a 1/2" iron rod found at northeast corner
of said Hunt Building Corporation 21.000 acre tract and an ell corner of said Hunt
Building Corporation Parcel 4;
THENCE N 42°17'17" E, traversing said Hunt Building Corporation Parcel 4, a distance
of 1261.11 feet to the southwesterly line of Lot 2, Block 1 of Lot 2, Block 1 and Lot 1,
Block 2, D/FW Trade Center, an addition to the City of Grapevine, Dallas County, Texas
t��.��
as recorded in Volume 96149, Page 1765, MRDCT;
THENCE S 31°32'13" E, along the southwesterly line of said Lot 2, Block 1 and said Lot
1, Block 1, a distance of 942.25 feet to .the POINT OF BEGINNING, and containing
1,599,067 square feet or 36.710 acres of land.
J U L 2 1999
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