HomeMy WebLinkAboutORD 1995-037 �;,
ORDINANCE N0. 95-37
�
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 Z95-04 ON A
TRACT OF LAND 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-20" SINGLE FAMILY DISTRICT
REGULATIONS TO "BP" BUSINESS PARK 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
'�LL� A ZONING CHANGE AND AMENDMENT THEREIN MADE;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
*�°_� SUM OF TWO THOUSAND DOLLARS (52,000.00) 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
�x: :,
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. 95-37 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 Z95-04 to rezone the following
described property to wit: Being a 1 16.882 acre tract of land located at 5000 State
Highway 121 North and proposed to be platted as Business Park 121, 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 to "BP" Business Park
District Regulations, all in accordance with a concept plan approved pursuant to
Section 45 of Ordinance No. 82-72, attached hereto and made a part hereof as Exhibit
„B„
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.
ORD. NO. 95-37 3
�.,.�,
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 (52,000.00) 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 16th day of May , 1995.
APPROVED:
�.�
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
�► John F. Boyle, Jr.
City Attorney
�
ORD. N0. 95-37 4
E�ENIBIT -� Tb ���� y�37� C'1�_ ��
page . � ,� Of �--
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"� NORTH TRACT N��R � � 1995
STATE OF TEXAS: ������v�
COUNTIES OF DALLAS & DENTON:
BEING a 13.907 acre tract of land located in the City of Grapevine, Texas, situated in the H. Turner
Survey, Abstract No. 1248, Denton County, Texas and being situated in the H. Turner Survey, Abstract
No. 1796 and the B.B.B. & C.R.R. Company Survey, Abstract No. 1772, Da[las County, Texas and being
a portion of a called 282.522 acre tract of land (Tract 2A) as described in special wananty deed to H/A
Grapevine Joint Venture, recorded in Volume 94124, Page 02000, of the Deed Records of Dallas County,
Texas (DRDCT) and being more particu(arly described as follows:
COMMENCING at a 1/2" iron rod set in the northwesterly line of State Highway No. 12l (Variable
Width R.O.W.) at the easterlymost comer of said called 282.522 acre H/A Grapevine Joint Venture tract,
from which a concrete monument with a brass disc found bears N 42°54'48" E, 9.39 feet and a 1/2"
square steel stake found bears N 57°25'S4" E, 3.84 feet;
THENCE N 50°54'36" W, departing the northwesterly line of said State Highway No. 121, along the
north line of said H/A Grapevine Joint Venture tract, 274.54 feet (Deed 272.89 feet) to a 1/2" iron rod
� -. found in the line common ro the Cities of Grapevine and Coppell;
THENCE N 89°48'09" W, along the line common to the Cities of said Grapevine and Coppell, 2550.64
�"""` feet to a point in the northwesterly line of said H/A Grapevine loint Venture tract, same being the easterly
line of a tract of land as described in quitclaim deed to the City of Grapevine, Texas, recorded in Volume
88055, Page 081 l. DRDCT, from which a U2" iron rod found bears
N 89°48'09" W, 1.00 feet;
THENCE NoRheasterly and southeasterly, a(ong the lines common to the noRhwesterly and noRherly lines
of said H/A Grapevine Joint Venture tract and the easteriy and southerly lines of said City of Grapevine
tract the following:
N 17°57'18" E, 281.l6 feet to a 3/8" iron rod found at the point of cun�ature of a circular curve
to the left, having a radius that bears N 72°02'42" W, 1677.50 feet;
Northeasterly, along said circular curve to the left, through a central angle of 03°40'OS", an arc
distance of 107.39 feet (Deed 107.35 feet) and having a chord that bears N l6°07' I S" E, 107.37
feet ro a i/8" iron rod found;
N 14°I 3'12" E (Non-tangent), 46.61 feet to a the POINT of BEGINNING of the herein described
tract of land, from which a I/2" iron rod found bears N 42°57'14" E. 2.40 feet:
� THENCE Northeasterly and southeasterly. continuing along the lines common to the north�vesterly and
northerly lines of said H/A Grapevine Joint Venture tract and the easterly and southerly (ines of said City
. of Grapevine tract the following:
�
N 14°1?'12" E, 755.88 feet to a 3/8" iron rod found at the pomt of cur��ature of circular curve to
the right, having a radius of 220.00 feet;
�XH181T � TO ��� lS-.�i
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��� Z�� -�� ;��R � : 1995
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Northeasterfy, along said circular curve to the right, through a central angle of 25°12'33", an arc
distance of 96.80 feet and havir�g a chord that bears N 26°49'28" E, 96.02 feet to a 1/2" iron rod
set at the point of tangency;
N 39°2545" E, 6l7.50 feet (Deed 618.18 feet) to a 3/8" iron rod found;
N 38°12'18" E, 213.36 feet (Deed 213.52 feet) to a 3/8" iron rod found at the point of curvature
of a non-tangent circular curve to the right, having a radius that bears
S 52°10'21" E, I 98.01 feet;
Northeasterly, along said non-tangent circular curve to the right, through a central angle of
69°30'07", an arc distance of 240.19 feet (Subject Deed 236.15 feet - Adjoiner Deed 239.21 feet)
and having a chord that bears N 72°34'42" E, 225.74 feet to a 3/8" iron rod found;
S 73°17'41" E (Non-tangent), I 53.23 feet (Deed 153.29 feet) ro a 3/8" iron rod found at the point -
of curvature of a circular curve to the right, having a radius of 360.00 feet;
Southeasterly, along said circular curve to the right, through a central angle of 26°44'S2", an arc
distance of 168.06 feet (Deed 167.90 feet) and having a chord that bears S 59°55'15" E, 166.54
� � feet to a 3/8" iron rod found at the point of tangency;
�:�
S 46°32'49" E, 34.33 feet to a point in the line common to the Cities of said Grapevine and
Coppell, from which a V2" iron rod set bears S 46°32'49" E, 123.03 feet, a 1/2" iron rod foun
bears N 42°57'14" E, 10.79 feet and a concrete monument with a brass disc found bears
N 42°57'14" E, 49.31 feet;
THENCE S 42°57'14" W, departing the line common to the north line of said H/A Grapevine Joint
Venture tract and the south line of said Ciry of Grapevine tract, along the line common to the Cities of
said Grapevine and Coppell, 1884.80 feet to the POINT of BEGINNING and containing 645.786 square
feet or 13.907 acres of land.
�
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EXHIBIT� TO ��`L �s'�,� '�1�O�
Page -3 of �---
R�I�C� Y ��
��
APR �� 1995
„�„ SOUTH TRACT �����I��
STATE OF TEXAS:
COUNTY OF DALLAS:
BEING a 102.975 acre tract of land located in the City of Grapevine, Texas, situated in the T.W. Cousy
Survey, Abstract No. 317 and the John E. Holland Survey, Abstract No. 614, Dallas County, Texas and
being a portion of a called 282.522 acre tract of(and (Tract 2A) as described in special warranty deed to
H/A Grapevine Joint Venture, recorded in Volume 94124, Page 02000, of the Deed Records of Dallas
County, Texas (DRDCT) and being more particularly described as follows:
BEGINNING at a 1/2" iron rod set in the northwesterly line of State Highway No. 121 (Variable Width
R.O.W.) at the easterlymost corner of said called 282.522 acre H/A Grapevine Joint Venture tract, from
which a concrete monument with a brass disc found bears N 42°54'48" E, 9.39 feet and a 1/2" square steel
stake found bears N 57°2S 54" E, 3.84 feet;
THENCE in a Southwesterly direction along the northwesterly line of said State Highway No. 121 the
following:
�;
S 42°54'48" W> 75.09 feet (Deed 77.46 feet) to a concrete monument with a brass disc found;
S 54°16'27" W, 50.76 feet (Deed 50.99 feet) to a concrete monument with a brass disc found;
�w.,:,
S 42°54'48" W, 500.33 feet (Deed 500.00 feet) to a concrete monument with a brass disc found;
S 31°36'41" W, 51.03 feet (Deed 50.99 feet) to a concrete monument with a brass disc found;
S 42°54'48" W, 835.03 feet (Deed 835.00 feet) to a concrete monument with a brass disc found;
N 47°OS'12" W, 25.00 feet to a concrete monument with a brass disc found;
S 42°54'48" W, 175.00 feet to a concrete monument with a brass disc found;
S 47°OS'12" E, 25.00 feet to a concrete monument with a brass disc found;
S 42°54'48" W, 539.81 feet (Deed 540.00 feet) to a concrete monument with a brass disc found;
S 81°29'29" W, 64.15 feet (Deed 64.03 feet) to a concrete monument found;
S 42°58'01" W, 450.50 feet (Deed 450.00 feet) to a concrete monument with a brass disc found;
S 42°17'17" W, 568.85 feet to a cut "x" in a concrete flume found in a creek, from which a
�* concrete monument with a brass disc found bears S 42°17'17" W, 569.36 feet;
THENCE N 31°32'13" W, departing the northwesterly line of said State Highway No. 121, a distance of
+�rrr 1 138.79 feet to a point in a creek;
THENCE N 19°06'34" W, 323.52 feet to a point in a creek;
z ��o�
��CEIV�D
APR � : 1995
�,p,� ��fbi�li"� TO ���c �s�3�
Page .r._ of �����
�,,, THENCE N 12°25'03" W, 640.60 feet to a point in a creek in the northwesterly line of said H/A
Grapevine Joint Venture tract, same being the easterly (ine of a tract of land as described in quitclaim deed
to the City of Grapevine, Texas, recorded in Volume 88055, Page 0811, DRDCT, from which a 3/8" iron
rod found bears S 45°26'10" W, 1461.69 feet;
THENCE NoRheasterly, along the lines common to the northwesterty lines of said H/A Grapevine Joint
Venture tract and the easterly lines of said City of Grapevine tract the following:
N 45°26'10" E, 68.42 feet to a 3/8" iron rod found at the point of curvature of a circu(ar curve
to the left, having a radius of 790.00 feet;
Northeasterly, along said circular curve to the left, through a central angle of 27°28'S2", an arc
distance of 378.91 feet (Deed 378.99 feet) and having a chord that bears N 31°41'44" E, 375.29
feet to a 3/8" iron rod found at the point of tangency;
N 17°57'18" E, 317.70 feet to point in the line common to the Cities of Grapevine and Coppell,
from which a 3/8" iron rod found bears N 17°57'18" E, 281.16 feet and a "60d" nail found bears
N 89°48'09" W, 1.00 feet;
THENCE S 89°48'09" E,departing the line common to the northwesterly line of said H/A Grapevine Joint
� -� Venture tract and the easterly line of said City of Grapevine tract, along the line common to the Cities
of said Grapevine and Coppell, 2550.64 feet to a 1/2" iron rod found in the northerly line of said H/A
,� Grapevine Joint Venture tract and the westerly line of a called 188,565 square foot tract of land as
described in warranty deed to Dale L. Hill,Trustee, recorded in Volume 83143, Page 3449, DRDCT, from
which and a 1/2" square iron stake found bears N 67°44'29" E, 5.68 feet and a concrete monument with
a brass disc found bears S 89°48'09" E, 372.64 feet;
THENCE S 50°54'36" E, departing the line common to the Cities of said Grapevine and Coppell, along
the northerly line of said H/A Grapevine Joint Venture tract, 274.54 feet (Deed 272.89 feet) to the POINT
of BEGINNING and containing 4,485,573 square feet or 102.975 acres of land;
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