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HomeMy WebLinkAboutORD 2023-059 ORDINANCE NO. 2023-059 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS GRANTING ZONING CHANGE Z23- 07 ON A TRACT OF LAND OUT OF THE JAMES GIBSON SURVEY, ABSTRACT 586, AND THE HENRY SUGGS SURVEY, ABSTRACT 1415 DESCRIBED AS BEING TRACTS OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS (1800, 1850, 1900, 1950, 2040, AND 2050 STATE HIGHWAY 121, 2005 AND 1955 ENCHANTED WAY) 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 Z23-07 to rezone the following described Ordinance No. 2023-059 2 Z23-07 property to-wit: being a 16.619 acre tract of land out of the James Gibson Survey, Abstract 586, and the Henry Suggs Survey, Abstract 1415, Tarrant County, Texas (2100 1800, 1850, 1900, 1950, 2040, and 2050 State Highway 121, 2005 and 1955 Enchanted Way), and proposed to be platted as Block 1, Lot 1, 121 Commerce Center Addition, more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CC," Community Commercial District is hereby changed to "BP," Business Park District, 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. Ordinance No. 2023-059 3 Z23-07 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 19th day of September, 2023 APPROVED: William D. Tate Mayor ATTEST: GRAPE Tara Brooks , i k City Secretary `, ,'� APPROVED AS TO FORM: 0.)• P, Matthew C.G. Boyle City Attorney Ordinance No. 2023-059 4 Z23-07 1 I LOT 1, BLOCK l� ROGERS ADD177ON INST. NO. D2222117 P.RT,, .T. ZONING: CC" 1 USE OFFICE/ WAREHOUSE CALLED 1.608 A C.RES. PARCEL 68 STATE OF TEXAS INST NO 02/2303895 D RT CT CALLED 6. I T2ACRE5 LOESI BLOCK 2 LOT1,DKI WOO EVENTS GRAPEVINE LLC I L073 BLOCK2 SMflA ASTADOIT/ON T. NO. D2T4273694 LOT TBLOCKI L074, BLOCK2 I GENES6 AD0/7/ON I GfAB. ASAL. 6187N ASSC GRAPEVINE CAB.ASL. 1L1760 ORT.CT. I GENESIS ADDITION INST NO. D277/95455 CAB. A, SL. 6181 P,RT,C.T. I ZONING "CC- INST. NO, D213018SG3 INST. NO. D207195455 PR.TCT. PR. 207 P.R.7 C. i. ZONING I ZONING "CC" I USE. EVEMCEN7ER ZONING. "CC` USE: OFFICE/WAREHOUSE - ZONING: 'CC ZONING: "CC" USE OFFICE ZONING 'CC' USE.' COMMERCIAL - USE OFRCf USE.' VACANT 16 LANpsaAPEtaO,« 2S RD�RY^RCK ° E BA ENCHANTED WAY 1 17a R.o.w.1 U.E. 111� • r - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - I� S 45°21'36" E I� 28.70' I I 5 812621 W LOT 1B. BLOCK 1 BETHEI CENTER II �219.93' CAB.PR I TO Zc I. POINT OF I NI ZONING LE. I BEGINNING I I� USE. HOTEL TEL ( I a I I '26" E I I I 4 III-16-00�033 I L I I I I I LOT1,BLOCKI I 16.619 ACRES I 723,942 SF I EXISTING ZONING -"CC" r wssSbERD PROPOSED ZONING -"BP" N Ol °52'09" W 9.16' aMACK I L=8°I601" R=1470.40' a..p, p 'ql ChB=N20°43'00'W CLEL=21 T.54' \ \ =45°41'A. ' N 19°30'52' W ' L=:410.39' L=1124,72'- 97 98' - i la U.E. \ ChB=S03°19'51'w 3SR/W PER \ ChL=I095.1 b' CAB A,SL 2868 \ ' PR.TCT CALLED 1 051 ACRES STATE OF TEXAS . ..... ...... 1 0' U.E. CALLED O.WD3 ACRES NOR%g1 - - - - - - - - IINST STATE OF TEXAS e OVNps - - - - - - - - - i------------------ - - - / NO, D"<I2259 H4 DRTC7 'SEP 0 8 7023 N WE S SITE it t VICINITY MAP COPYRIGHT 21y13- USE BY W RBTEN PERMISSION OF GMCML ONLY ROaD CALLED l.458 ACRES ST4 TE OF TEXAS 1NS7 NO 0211099,69 TER,T C T CALLED 0.6509 ACRES STATE OF .1 INST NoD21259381 D. T.CT NOTE: Refuse disposal areas shall be landscaped and Screened from view in accordance with the Zoning Ordinance. Mechanical and electrical equipment including au conditioning units, Shall be designed. installed and operated to minimize noise impact on surrounding property. All such equipment shall be screened from public view in accordance With the zoning ordinance. Open storage, where permitted, shall be screened in accordance with the Zoning Ordinance. The masonry requirements of section 54 of the Zoning Ordinance shall be met. Rlummpted signoge was included in the determinatlon of the site illumination levels. Outdoor fighting Shall comply with illumination standards within Section 55 of the Zoning Ordinance unless specifically excepted. Proposed groundsignage shall meet minimum requirements of Section 60 of the Zoning Ordinance and is contingent upon approval of a separate building permit with Building Services. All onsite electrical conductors associated with new construction shall be located underground Uses shall conform in operation, location, and construction to the following performance standards in Section 55 of the Zoning Ordinance noise, smoke and particulate matter, odorous matter, fire or explosive hazard material, toxic and noxious matter, vibration, and/or other performance standards. All requirements of the City of Grapevine sod erosion control ordinance shag be met during the period of construction. OWNER: Grapevine Development, LLC 3251 Twisted Branches Lane Marietta, Georgia 30068 Attn: Bipin Hiro Telephone: 678-361-4455 DEVELOPER: 1 I I I Ey REMAINDER OF / LOT 2A-R, BLOCK 1 BETHEL CENTER I 1 L C CAB. A, SL 5211 PRTC.T. to ZONING. `CC` USE.H07EL I 10' � 1 VLOAO N NOAtM BOV 1 CALLED O l4oB ACRES W STATE OF TEXAS INST, NO D212259379 I D ITT C T. Z � 3 CALLED D 5063 ACRES GRAPHIC SCALE 1"=6o' STATE OF TEXAS INS1, NO. D2122SY374 DRTCT 0 60 120 180 STATE HIGHWAY NO. 121 (VARIABLE BLOM.) GTIS Partners lB1 S tF Ave, Floor So, New York, NY 10019 G-Sahay (281) 216 W51 tl �4k A MAT'T1EW J. BAAl7KEI 4F$' 99366 PREPARED BY: r GMcivil Engineering & Surveying 2559 S W Gopevnre Pkwy. Grapevine, texas 760.51 Br]-329 TZErg Finn 4 f-2944 1 ixt11ury Fem M I0021 700 PROPERTY DESCRIPTION WHEREAS, GNS PARTNERS, owner of Mot tech. fit Hatt. aporroi of fir 1, ntuofed m a portion of the lames Gibson Swey, ANX-1 No. 5R, and the Hervy SVAgs Swey, Abstract No. 1415,Olyol Grapevine,TaaO Counry. Texas. bemg IN or That cedar catled 5.95 acre hoof aae hoc} tlescnbetl m o deed to Gmpevme Development, LLC recordedbl11Ir1 enl No D2lW2AM7ofthe Deed Recallsof Tananf County,TRWX, fDRTCn, bem9 aBOlfMfcedam caYee o 95 aae nvcr fROCt 11, L29 orie lract(f ct 3), 1.19 aae hoof fTfocf5)and43l Oae hoof(1, 6)desa din a deed to same e oRded,, Instrument No. D2M2a0333lDRTCn, being a pofnOn of a calved 3 633 aae tract descnDed m o tleetl to some re[adetl m tm(nrmenf No D207319744 (DRTCT), being a Paflan of Lot 1, dock I a/ Genesh APuPXLr r IT. I,,d b Cognef A, Sbde 2858 of the Plot RecouY of Taranf County. Texas (PYICTI, being a portion or Lot 2 dock I of Genesis Adrrhon recalled m Instrument No. D205068608 fPRTC7J, beinA apafiOn oitOh 3RI.4R.5R,and6RBockiartsofof Lol]R,-k 1of Hemel Cenlarecordedm Cobret A Slide 53B5 (PRTCI), antl bevg mae campbieN described as foNows, lo-wnt BEGINNING ofo"X"cW (owefa1d. VILI1 canaorme Wesfcarer(70 of t1 mterse[fmn, .dOR,war(70'wily HoRriel-woy)antl SoRi195 way(]I. witlm dgnror-wwh and me most nonneM arnepsrcarrero/sads 9saae Hoer THENCE scam Isdeg 11 ii-36sec.East along soldcomer G'pand me Nathlry byre orsad 5 95 acre Nacf, a distance of 2070leer to o "X" cut round to the sokf s 95 tromen of sold West crmercbp and me marl eosfeMNortM1eosf corner of said 5 95 acre act. THENCESoufhWoeg. 35 mm 16 sec. Farr abng fM1e Wesf rghf-of-way kne o/said Fn[fwnfed Way antl the Easfkne d said 5 9s acre frpcf, a151113 feel pass o 5/B"'non red lountl, af520.T5 Leet pass a 1/T"von rotllourltl forme NMneost Comer of sold Lof 7R, dock 1, continue a fora' Csranre of 1.116.&leef to "X" cvf(ound fa the SONneasf c aof1Cnb,7R,Bbcklontl me TC-TjF stcmrerd Lot TB dock lo(Bemel Center recareetl m Cabnet A, Stoe 4974 (PRTCti, THENCE Soum 89 deg. 25 min. 27 sec, Wesl depodbg said West nghfol -y- Ond nimue abng the Nam floe ofsad Lo11B B I- me Soum fire ofsatl Lot 7R, Bock 1, o chianti, .12 19.931eer to a In tapped son rod found stomped "PACHECO KOCH" for the Northwest mmero(satl Lof 2B Block 1. Me Soumwesl comer of sand Lor ]R. Brock I and being o comerm the Eaf Roe of said Lot 3R I, Bock I: THENCE room W deg 33 mm.26 sec Eat abng sob Eosl line antl the Wesltine of said Lot 26 Block I antl me Wesf fine of Lot 2A-R. Bock 1 of Bemel Centerre[atletl m Cvdnef A Sfide 5249 fPR/CT), a astance at 16360 feet to 0 1/2" capped bon and roursd stamped "PACHECO KOCH" for the Soumeosf comerof sae Lot 3R 1, Block I and an e9 [ancv of told Lot 2A4L Bock I: THENCE South 67 deg. 22.. N sec, West along fne Sovm 0 fie of said Lot 3R 1. Bb[k 1 and rM1e NafM1wenfine of solo Lot 2A-R. Block i, a astan[e of 143.95 reef ra a I/2" copped von rod /ountl stomped "5322" fa the Soufnwesf carero(sod Lof3R1, Block i. Me most wesfeM NodM1wesl toner o(satlfor 2A-R dock 1 and being m me Eost dgnlol-way line o(Stafe Hghwoy No. 111 (vmade wrdm rignf-oFway), saitlpdnl bemg a Pani of Cwofwe ora rromtangenf ckcukrcwe to me Ten, IgvinAa rodvs of 1,41040/eef,acenh Vi,of W oRg IS min. 0l xec_wM being subfentletl bya chord WNch beds Ndln 20 tle9. U m'rt 00 sec. well-211 54 /eer; THEanatneM are[!mn abng sad curve fomeTeri, Easrrgnrnr-woywe andooe Wes" fne of said lot 3R1, dock 1, a dSfall[e 01211.731eef to 0 1/T coppetl son rotl of stamped "GMCML" Ia me Soum cameral coked o 01J03 aae trod described In a tleetl b the Stole of texas recatl in bshlmenf No D212259304 (DRTCTJ; THENCE Nafh 19 deg 30mir. 52 sec Wesf n-,P,nr to sad ewe deparffg.tatl Wesr kne and continue abng the Eardghrol-way Nne of Satl Sfote Hghway No- 121, of 1720feelpasso bona d1h, lraandmconcretedrive 0Lfne Naiheasfld IctJl foie 00003. acre fmd and Ine Seoo,oRd cornaol v cvuetl FCTL l aae Imd desalbed modeedto the Sfofeof Texasre Bfor to D21TT59379lORTCT), hogw3 abrass omerit foundboriizv fe mwe for meo,- bl[omenof sadRg021 a[aefm[r tl the Soufhweslcomer lorg so 14o aaehv-yIn SOUTH Mdeg.21 rrvn 5osec. -i]OTeat continueabng sad Ernf c-.,-waylinearota d¢teII of 97.98 feet b as bass monument found lore Point of Cwvfae of cacubrcwe to L. rght YrO.vg o raWus of 1,110.391eer, o cenhvl ogle o/45 de9� 41 min.1] sec, and being subtended by a CM1atl wftkn bears Nafn 03 tleg 19 mm 51 sec. Earl- F- 16 feet. THENCE In v nodheM arecfion abng said ewe to, the right antl East dght-ef-way Nne, o distance of i, 114.]11eef ro a bass monument louts loan eu cameral a cooed I.051 re hoc! described m o deed yo the Stale of texas recorded m Instrument No. D1131 11653 (ORTCI) antl fne marl wesfeM NUhwesl tome' of sole 0.95 aae rracr pzvmuM tleYnbetl os iiact 1 m sad InshumenlNo D220200333 (DRraT): THENCE-89 deg a min. IT sec Eat abng me Nam. o/sad o 95 acre -1 and me Sovfh fine of said 10.5i core noel a distance of Cb 41 feet ro a boss monwenf round foran eflcomer o/0.95 acre tract antl me mast easfeM Sovfneosf tamer o/rats Lost acre hoc, THENCE North 01 deg 52 inn 09 sec Wesf along the East Ine or sad L051 acre hoer antl IF. west fine.!sort 0.05 acre 1-1. o Psi-o19 16 /eel to a brass monument found for fne North-1 caner.(sob 1.051 acre tract me most northeM Nodhwett c rolsokSo.95oae tract bemg m the Norrh(me of sae Lot 1, dock l of tole Genetic Add- Prof being b the S-th rgNoi-way Nne of said Go-srs woy-of in Cabnet A, Sid, 2B5B (PRICY); THENCE NounW deg 26 min. %sec Eat abng sari Sohn rgh-Woy fine, the North fine of told 0 95 acre hoer, fM1e - fne of -.1 T. dock 1 and me N-1 a orsoa 595 acre hoot a tl¢bnce of 389.46 feel to fne FORT OT BEGINNING, co -rs, 723,942 square (eet a 16619 acres of lord, more alert CASE NAME' 121 COMMERCE CENTER ADDITION CASE NUMBER: Z23o1/S123f16 LOCATION' 20W STATE HWY 121 MAYOR SECRETARY DATE. PLANNING AND ZONING COMISSION CHAIRMAN DATE: SHEET' i OF 4 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WI1H ANY CODES OR ORDINANCES. PLANNING SERVICES DEPARTMENT PURPOSE STATEMENT: THE PURPOSE OF Z_71S TO REZONE 16.619 ACRES FROM "CC' COMMUNITY COMMERCIAL TO "BP" BUSINESS PARK WITH THE INTENT TO CONSTRUCT A 272,160 SQUARE FOOT OFFICEIWAREHOUSE. S ZONING EXHIBIT FOR 121 ADDITION ENTER COMMERCE N C O LOT 1, BLOCK 1, 121 COMMERCE CENTER ADDITION E JAMES GIBSON SURVEY, Ab. No. 586 HENRY SUGGS SURVEY, Ab. No. 1415 ' EXISTING ZONING: "CC" COMMUNITY COMMERCIAL PROPOSED TO BE PLATTED AS "BP" BUSINESS PARK E 16.619 ACRES (723,942 Sq. B) _ Z23-07/SP23-06 Date: September 2023 w