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HomeMy WebLinkAboutORD 2023-017ORDINANCE NO. 2023-017 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z23-02 ON A TRACT OF LAND OUT OF THE BLOCK 2, LOT 2A, AIRPORT CROSSING JV WELLS ADDITION, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (1035 TEXAN TRAIL) MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "CC", COMMUNITY COMMERCIAL DISTRICT TO "BP', BUSINESS PARK 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 amended and changed by Zoning Application Z23-02 to rezone the following described property to -wit: being a 22.33 acre tract of land out of the Block 2, Lot 2A, Airport Crossing JV Wells Addition, Tarrant County, Texas (1035 Texan Trail), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously Ordinance No. 2023-017 2 Z23-02 zoned "CC", Community Commercial District is hereby changed to "BP", Business Park Addition, 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. 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. Ordinance No. 2023-017 3 Z23-02 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 21st day of March, 2023. William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FOR14. Matthew C.G. Boyle City Attorney Ordinance No. 2023-017 4 Z23-02 LOT 2-R, BLOCK IR GREAT WOLF ADDITION OF GRAPEVINE D21 OD42449 ZONED: CC LOT 1. BLOCK 4 \ \ !DEPENDENT BANK \ 261881. D208018821 \ \ ZONED: CC N 42'04'27' W y \ 4P 77.39' *° \ \ N 3211*42' 'ro W a� 68.73' \ 1r^Ot \ \\\ 5^s e=1t11'07' R.1700.42' \ L=33i.96' \ CD-N 31TJZ'28" W \ CL-331.43'\ \ I NORTH IOD 0 1W 200 300 Feet .... 1'=100' 6835'42595'81.W 6'26- 46W 'y\d 21'24'08 E 29.39' J.4'4}'44 R-1700.42 1 � 1 Il 1 1 1 1 1 1 / LOT 1-R, BLOCK / GREAT WOLF ADDITION OF GRAPEVINE / 0210042449 1 / ZONED: CC l -, _N 89'4V43 E 1618.93. "fir: f k / SITE: 22.220 LOT 2A,BLOCK 2 / AIRPORT CROSSING JV WELLS D219207962 Existing Zoning: Community / \ / Commercial District (CC) Proposed Zoning: Business Park I District (BP) \\I I I I CD=N 19'33'38' W Zn°� 'o 'N 17'03'24' W i N 90'00'00' W 844 10' - - LOT 1A. BLOCK 2 oN sch AIRPORT CROSSING JV WELLS D220245590 Zoned CC n�&Os I LOT 1R7, BLOCK 1 H GRA�EVINE STATION \ INST. AO. D213257376 NED: BP F \ I � I I I /1 f I I II / II / I I a 1 OII ( II I II / 3 I 1 � I I ? , N 4� f Li • II 0 h I N 8853'45' W 272.95' n I n I H I I 3 I S. LOT 1R, BLOCK 1 I in AIRPORT CROSSING JV WELLS I N 0245590 I g Zoned CC I iPROJECT SITE \ yletel T MOP 1 . OS' LEGAL DESCRIPTION: BEING all that certain lot, tract, or parcel of land. situated in the Esther Moore Survey, Abstract Number 1029. Tortoni County. Texas, and being all of Lot 2A, Block 2 Airport Crossing JV Wells, an addition to he Cily of Grapevine, occwding to the plat thereof, recorded in Instrument Number 0220245590t, Plat Records, Tarrant County, Texas, and being more partiWlorly described as follows: BEGINNING at a 1/2' copped ratio, found stomped HALF' at the southwest comer of said Lot 2A, and being the northwest earner of Lot Is. Block 2, of said Airport Crossing JV Wells. and being In the east line of Texan Troll (a Variable Width Texas Department of Transportation ROW); 37'15'33" E i.63' THENCE with the west line of said Lot 2A, and the east line of said Texon Trail, the fallowing: N 17'03'24' A a distance of 3.27 feet to a 1/2' capped rebar found stamped 'HALF'; Northwesterly with the arc of a curve to the left. having a radius of 1700.42 feet, a central angle of 04'43'44, an arc length of 140.34 feet and whose chord bears N 19'33'38- W, o distance of 140.30 feet to a 1/2' rebar found; N 21'24'08' E. a distance of 29.39 feel to a 1/2" capped rebw found stamped 1ULFF'% N 23'46'28' W, a distance of 58.46 feet to a 1/2" capped rebar found stamped 'HALFF'; N 6854'15' W. o distance o1 29.13 feet to a 1/2' capped rebar found stamped 'HALFF'; Northwesterly with the are of a curve to the left, having a radius of 17DO.42 feet, a control angle of 11'11'07', an arc length of 331.96 feet. and whose chord bears N 31*02*28' W. a distance of 331.43 feet to o point. from which a 1/2' rebw found bean N 46'35' E, a distance of 0.9 feel; N 3211*42' W. o distance of 68.73 feet to a 112' capped rebar found stamped -VIER, N 4010'48' W. a distance of 126.61 feet to a point from which a 1/2' capped rebar found stomped 'WER' bows S 48'09' W. o distance of 1.6 feet; N 42'04'27' W. a distance of 77.39 feet to a 1/2" capped rebw found stamped 'HALF' at the south end of a 25'x25' Right -of -Way dedication, as shown on said plot of Airport Crossing JV ' wens. and being at the bderseclim of said Texan hall. and the south line of Wall Street (o caned 60' right -of -ray). from which a Texas Department of Transportation monument found beers N 42'04'27" W. a distance of 25.00 feet; THENCE N 24'07'13" E. with the northwest line of said Lot 2A, and the southeast line of said 25'xZ5' Right -of -Way dedication, a dista.ce of 35.48 feel to a 1/2' capped rebor found stomped 14ALFF', from which a 1/2' capped rebar found stomped 'HALF' bears S 89'43'43- W, o distance l 01 25.00 feel' l THENCE N 89'43'43' E. with the south line of said Wan street, and Me north line of said Lot 2A, a distance of 1616.93 feet to a 1/2' capped rebw found stamped 'HALF' at the northeast comer thereof, and being the northerly northwest comer of Lot IT, Block 1, of said Airport Crossing JV Well; THENCE with the east line of said Lot 2A, and the west line of said Lot 1R, the following: S 3715'33' E. a distance of 76.63 feet to a 1/2" capped rebar set stamped 'ACADAMS'; S I1'07'48' W, a distance of 370.91 feet to a 1/2' capped rebor set stamped 'ACADAMS'; S 28'41'48' W, o distance of 121A4 feet to a 1/2' capped rebar set stamped 1.HCADAMS- N 8853'45' W, a distance of 272.95 feet to a 1/2" copped rebar set stamped TdCADAMS' S OD58'20' W, a distance of 237.15 feet to a 1/2' capped rebar found stamped 'HALFr- at the southeast comer of said Lot 2A, and being the northerly northeast toner of said Lot IA; THENCE N 90'00'00' W, with the south line of said Lot 2A, and the north line of said Lot 1A, a l distance of 844.10 feet to the POINT OF BEGINNING and containing approximately 22.320 acres of land. The purpose of conditional use permit request CU23-05 is to allow the sale and rental of heavy I machinery and equipment. The purpose of the I nonresidential rezone request Z23-02 is to rezone 22.323 acres from "CC", Community Commercial District to `BP", business Park District. The purpose of PD23-01 ito request a ! planned development overlay to deviate from i but not be limited to building setbacks and minimum landscaping required in a front yard. e111lELT RENTALS 2341 DEERFIEL D DRIT E FORT MD.L SOUTH CAROL.INA, Fill CM fFS45M coreeat JASON Tin" E. MAR 15 2023 �I The John -R. McAdams - .----- Company, Inc. 111 Hillside Drive LeViisville, Texas 75057 972. 436. 9712 201 Country view Drive Roanoke, Tents 76262 MO. 240. 1012 TBPE: 19762 TBPLS: 1019WO www.gecon.mm www.mcaeamsao.com ZONING EXHIBIT for Sunbelt Rentals Lot 2A, Block A AIRPORT CROSSING JV WELLS Esther Moore Survey, Ate. No. 1029 City of Grapevine, Tarrant County, Texas 22,320 Acres OR 972692 SF ZONE 'CC' Community Commercial District Proposed'BP' Butetriess Park District Date of Preparalforc Mardi IM 2023 DRAWN BY; AB DATE: 3/13/2022 SCALE: 1"=100' JOB. No-SPEC21084I SHEET# 1 OF 1