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HomeMy WebLinkAboutORD 2015-069ORDINANCE NO. 2015-069 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 Z15-08 ON A TRACT OF LAND OUT OF THE J.C. MOFFETT SURVEY, ABSTRACT 1797 AND THE J.M. BAKER SURVEY, ABSTRACT 1691, 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 AND "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT TO "LI" LIGHT INDUSTRIAL 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); 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 ORD. NO. 2015-069 2 amended and changed by Zoning Application Z15-08 to rezone the following described property to -wit: being a 25.731 acre tract of land out of the J.C. Moffett Survey, Abstract 1797, and the J.M. Baker Survey, Abstract 167, Tarrant County, Texas (4301 Lakeside Parkway) which was previously zoned "R-20" Single Family District Regulations and a 13.179 acre tract of land out of the J.M. Baker Survey, Abstract 167, Tarrant County, Texas which was previously zoned "PID" Planned Industrial Development District, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, is hereby changed to "LI" Light Industrial District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That 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. That 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. That 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. ORD. NO. 2015-069 3 Section 8. That 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 17th day of November, 2015. GRAD, � e �` Q® ` 1m William Tate , j Mayor C2 ATTEST: Tara Brooks City Secretary John F. Boyle, J r. City Attorney ORD. NO. 2015-069 4 PROPERTY DESCRIPTION EXISTING R-20 ZONING STATE OF TEXAS: COUNTY OF DALLAS: BEING a 25.731 acre tract of land situated in the J.C. Moffett Survey, Abstract No. 1797 and the J.M. Baker Survey, Abstract No. 1691, City of Grapevine, Dallas County, Texas, being a portion of Tract II as described in deed to the City of Grapevine, Texas as recorded in 201300389642, Deed Records, Dallas County, Texas and D213324572, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2" rebar capped Goodwin & Marshall set (hereafter referred to as 1/21, rebar capped set) at the intersection of the southwesterly line of Lakeside Parkway (120' R.O.W. per Volume 4622, Page 648, Deed Records, Denton County, Texas), with the southerly line of Enterprise Road (R.O.W. per Volume 5006, Page 1660, Deed Records, Denton County, Texas), being the most northerly corner of said City of Grapevine Tract II; THENCE S 47047'25" E, along the southwesterly line of said Lakeside Parkway and the northeasterly line of said City of Grapevine Tract II, a distance of 1026.21 feet to a 1/2" rebar capped set an angle point in the southwesterly line of said Lakeside Parkway, being the most northerly corner of a 45 foot wide right of way dedication to the Town of Flower Mound, recorded in Volume 2002034, Page 9593, Deed Records, Dallas County, Texas, and the most easterly northeast corner of said City of Grapevine Tract II, from which a 5/8" rebar capped Jacobs found bears S 40'24'W, 1.8 feet; THENCE S 00°07'16" E, at a called distance of 60.82 feet departing the southwesterly line of said Lakeside Parkway, continuing along the east line of City of Grapevine Tract II and the west line of TRACT II as described in deed to Mary Morse and Kevin Routh, Co -Trustees, or successors in trust under the Duncan Family Trust, recorded in Volume 4327, Page 1086, Deed Records, Denton County, Texas, continuing a total distance of 451.12 feet to a 1/2" rebar capped set at the most easterly southeast corner of said Grapevine Tract II, from which a 1/2" rebar found at the northeast corner of a tract of land as described in deed to Robert S. Beall, recorded in Volume 96103, Page 2465, Deed Records, Dallas County, Texas bears N 00°07'16" W, 5119.88 feet (Beall Deed 5120.30 feet), a 1/2" rebar found bears S 00°07'16" E, 6.54 feet, and a steel stake found bears S 06°14' W, 3.2 feet; THENCE S 89045'25" W, departing the west line of said Duncan Family Trust TRACT II, along a reentrant line of said City of Grapevine Tract II, at a distance of 214.99 feet (Beall deed 215.0 feet) passing a 1/2" rebar capped West 682 found, continuing a total distance of 355.89 feet (Beall deed 355.88 feet) to a 1/2" rebar capped set at the location of a 1/2" rebar found previously (January 2008 & August 1996) at a reentrant corner of said City of Grapevine Tract II and the northwest corner of TRACT IV as described in deed to said Duncan Family Trust, recorded in Volume 4327, Page 1086, Deed Records, Denton, County, Texas, from which a 1/2" rebar found bears S 47'42'W, 1.26 feet; OCT 5 2015 EXHIBIT A TO OP -0. ice. , Page Of THENCE S 00°31'43" E, along an east line of said City of Grapevine Tract II and the west line of said Duncan Family Trust TRACT IV, at a distance of 601.07 feet passing a 1/2" rebar capped set for reference, continuing a total distance of 794.24 feet to the center of Denton Creek; THENCE departing the west line of said Duncan Family Trust TRACT IV, along the center of said Denton Creek, as follows: S 36°39'56" W, a distance of 192.22 feet; S 53°36'11" W, a distance of 197.20 feet; S 44°21'1 I" W, a distance of 226.30 feet; S 35°05'56" W, a distance of 43.47 feet; THENCE N 00005'44" E, departing the center of said Denton Creek, traversing across said City of Grapevine Tract II, a distance of 2390.91 feet to a point in the south line of aforementioned Enterprise Road and a northerly line of said City of Grapevine Tract II, being the most westerly northwest corner of the herein described tract of land; THENCE along the southerly line of said Enterprise Road and the northerly line of said City of Grapevine Tract II, as follows: N 42°12'35" E, a distance of 2.03 feet to a 1/2" rebar capped set; N 72°12'35" E, a distance of 40.82 feet (R.O.W. deed 40.82 feet) to the POINT OF BEGINNING and containing 25.731 acres of land. NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone, NAD83 as derived from Western Data Systems RTK Cooperative Network. PROPERTY DESCRIPTION EXISTING PID ZONING STATE OF TEXAS: COUNTY OF TARRANT: EXHIBIT • of BEING a 13.179 acre tract of land situated in the J.M. Baker Survey, Abstract No. 167, City of Grapevine, Tarrant County, Texas, being a portion of Tract II as described in deed to the City of Grapevine, Texas as recorded in 201300389642, Deed Records, Dallas County, Texas and D213324572, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 1/2" rebar capped Goodwin & Marshall set (hereafter referred to as 1/2" rebar capped set) at the intersection of the southwesterly line of Lakeside Parkway (120' R.O.W. per Volume 4622, Page 648, Deed Records, Denton County, Texas), with the southerly line of Enterprise Road (R.O.W. per Volume 5006, Page 1660, Deed Records, Denton County, Texas), being the most northerly corner of said City of Grapevine Tract II; THENCE along the southerly line of said Enterprise Road and the northerly line of said City of Grapevine Tract II, as follows: S 72°12'35" W, a distance of 40.82 feet (R.O.W. deed 40.82 feet) to a 1/2" rebar capped set; S 42°12'35" W, a distance of 2.03 feet to a point; THENCE S 00005'44" W, departing the southerly line of said Enterprise Road, traversing across said City of Grapevine Tract II, a distance of 1142.32 feet to the POINT OF BEGINNING of the herein described tract of land; THENCE S 00005'44" W, traversing across said City of Grapevine Tract II, a distance of 1248.59 feet to the center of Denton Creek; THENCE along the center of said Denton Creek, as follows: S 35°05'56" W, a distance of 96.53 feet; S 59°37'11" W, a distance of 81.20 feet; S 70018'41 " W, a distance of 151.56 feet; THENCE departing the center of said Denton Creek, along the west line of said City of Grapevine Tract II, the east line of a called 10.564 acre tract of land as described in deed from Robert S. Beall to Wallcon Equities, Ltd., recorded in Volume 16350, Page 309, Deed Records, Tarrant County, Texas and the east line of the amended plat of Lots 1 A and 2A, Block 1 A, Riverwalk Addition, an addition to the City of Grapevine, Tarrant County, Texas as recorded in OCT 5 N15 EXHIBIT TO d®t 5 -*9 Page of Cabinet A, Slide 11699, Plat Records, Tarrant County, Texas, as follows: N 26°33'55" W, a distance of 31.75 feet to a 5/8" rebar capped Jacobs found; N 53°46'16" W, a distance of 56.18 feet (Wallcon 10.564 acre deed & plat 56.18 feet) to a 5/8" rebar capped Jacobs found; N 11'30'12" W, a distance of 291.14 feet (Wallcon 10.564 acre deed & plat 291.14 feet to a 1/2" rebar capped set at the northeast corner of said Wallcon Equities, Ltd. called 10.564 acre tract, said point lying in the west line of a tract of land as described in deed to Robert S. Beall, recorded in Volume 96103, Page 2465, Deed Records, Dallas County, Texas, from which a fence corner post found at the northwest corner of said Wallcon Equities, Ltd. called 10.564 acre tract bears S 8711'59" W, 494.83 feet (Wallcon 10.564 acre deed 494.89 feet, Beall deed 494.91 feet); THENCE N 02056'22" W, departing the east line of said Riverwalk Addition, along the west line of said City of Grapevine Tract II, at a distance of 0.7 feet passing a 1-1/2" steel pipe found, continuing a total distance of 648.44 feet (Wallcon 10.564 acre deed 648.44 feet, Beall deed 647.95 feet) to a 1/2" rebar with a damaged plastic cap found at a reentrant corner of said City of Grapevine Tract II; THENCE N 89°28'53" W, along a reentrant line of said City of Grapevine Tract II, a distance of 46.72 feet to a 5/8" rebar capped Jacobs found on the west side of a 4" fence post found in the east line of said Riverwalk Addition; THENCE N 07002'06" W, along the west line of said City of Grapevine Tract Il and the east line of said Riverwalk Addition, a distance of 424.82 feet to 1/2" rebar capped Halff Assoc found at an angle point in the west line of said City of Grapevine Tract II, the northeast corner of said Riverwalk Addition, and the southeast corner of Lot 2B, Block A of Lakeside Trade Center, an addition to the Town of Flower Mound, Texas as recorded in Cabinet U, Page 554, Plat Records, Denton County, Texas; THENCE N 89°39'03 "E, traversing across said City of Grapevine Tract II, a distance of 519.92 feet to the POINT OF BEGINNING and containing 13.179 acres of land. NOTE: Bearings are referenced to Texas State Plane Coordinate System, North Central Zone, NAD83 as derived from Western Data Systems RTK Cooperative Network.