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Home My WebLink AboutORD 2003-081 ORDINANCE NO. 2003-81 ,�.,... 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 Z03-09 ON A TRACT OF LAND OUT OF THE E. MOORE SURVEY, ABSTRACT NO. 1029, 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 "PID" PLANNED INDUSTRIAL DEVELOPMENT DISTRICT REGULATIONS, "R-12.5" SINGLE FAMILY DISTRICT REGULATIONS AND "R-MF-2" MULTIFAMILY DISTRICT REGULATIONS TO "BP" BUSINESS PARK DISTRICT AND "CC" COMMUNITY COMMERCIAL 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 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 t 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. ORD. NO. 2003-81 2 . 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 a�so known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed by Zoning Application Z03-09 to rezone the following described property to-wit: being a 32.55 acre tract of land out of the E. Moore Survey, Abstract No. 1029, Tarrant County, Texas (1000 East Northwest Highway), more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PID" Planned Industrial Development District Regulations, "R-12.5" Single Family District Regulations and "R-MF-2" Multifamily District Regulations is hereby changed to "BP" Business Park District and "CC" Community Commercial District Regulations, with the stipulation that as the "CC" Community Commercial District zoning is developed, each site must submit for approval a conditional use application, 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 rv severable and that if the validity of the zoning affecting any portion of the tract or tracts of ORD. NO. 2003-81 3 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of December 2003. APPROVED: ��a��--_ William D. Tate � Mayor ATTEST: O Linda Huff City Secretary APPROVED AS TO FORM: � �:� � .. � . . �,./'�.'a� F _ .J '" ,�"',`/�. �,. John F. Boyle, Jr./'�� City Attorney ORD. NO. 2oo3-s� 4 EXNI91 T.�,�. TO �rd.�a3•g/ P��• __L___ of .�.__ GRAPEVINE STATION BP — BUSINESS PARK DISTRICT LEGAL DESCRIPTION Being a portion of a 32.55 acre tract of land_situated in the E. Moore Survey, Abstract No.1029, , , Tarrant County, Texas, and including all of the 29.344 acre tract and 3.195 acre tract conveyed to Triple T Farms, LTD. as evidenced by the deed recorded in Volume 14844, Page 436, Deed Records Tarrant County, Texas and being more particularly described as follows: BEGINNING at a found 1/2 inch iron rod in the north right-of-way of St. Louis & Southwestern Railroad for the southwest corner of said Triple T Farms tract, and the southeast corner of a tract of land conveyed by deed to Magnolia Projects, LTD. Volume 12273, Page 2112 Deed Records Tarrant County, Texas; THENCE North 00°23'02" West, a distance of 494.92 feet to a found 3/4 inch iron rod for corner, said point being the southwest corner of a tract of land conveyed by deed to Marvin Lusty as recorded in Volume 6708, Page 997, Deed Records Tarrant County, Texas, and being in the east right-of-way line of Eckley Street (having a 50 foot ROW) ; THENCE North 89°29'O1" East, leaving said east right-of-way line, a distance of 89.49 feet to a found 1/2 inch iron rod for corner, said point being a common line between Marvin Lusty tract anc� Triple T Farms; THENCE North 00°12'09" West, continuing along said common line, a distance of 149.77 feet to a found 1/2 iron bolt for corner; THENCE North 89°37'42" East, leaving said common line, a distance of 154.72 feet to a found 5/8 inch iron rod for corner; THENCE North 89°28'22" East, a distance of 131.16 feet to a found 5/8 inch iron rod for corner; THENCE North 00°10'S0" West, a distance of 55.63 feet to a found 5/8 inch iron rod for corner; THENCE North 04°14'06" West, a distance of 21.98 feet to a found 5/8 inch iron rod for corner; - THENCE North 23°S9'41" West, a distance of 23.56 feet to a found 5/8 inch iron rod for corner; THENCE North 95°56'll" West, a distance of 74.33 feet to a found 5/8 inch iron rod for corner; THENCE North 57°43'27" West, a distance of 26.02 feet to a found 5/8 inch iron rod for corner; THENCE South 89°50'09" West, a distance of 45.32 feet to a found 5/8 inch iron rod for corner, THENCE North 00°22'06" West, a dist,ance of 610.25 feet to a point for corner; , THENCE South 89°55'48" East, a dist,ance of 246.36 feet to a point for corner; THENCE South OB°59'31" West, a distance of 15.72 feet to a point for corner; THENCE South 43°56'40" East, a distance of 81.56 feet to a point for corner; THENCE South 40°55'25" East, a distance of 206.72 feet to a point for corner; THENCE South 31°16'14" East, a distance of 276.13 feet to a point for the beginning of a tangent curve to the right having a radius of 300.00 feet, a central angle of 10°29'07", and a long chord which bears South 26°O1'41" East, 54.82 feet; THENCE along said curve to the right, an arc distance of 54.90 feet to a point for corner; THENCE South 20°47'07" East, a distance of 451.19 feet to a point for corner; ' THENCE North 80°00'14" East, a distance of 89.60 feet to a point for corner; EXNIBIT�._, T z,�r • 2rv -8� Pape _._.� of THENCE North 72°52'25" East, a distance of 172,20 feet to a point in the east line of said 32.55 acre tract and being in the west right-of-way line of Business S.H. 114 (NOrthwest Highway) ; � THENCE South 17°07'38" East, a distance of 30.00 feet to a found 1/2 inch iron road for corner; THENCE South 12°47'S2" East, a distance of 295.96 feet to a found 1/2 inch iron rod for corner, said point being in the north line of said St. Louis & Southwest Railroad; THENCE South 80°00'15" West, leaving said west right-of-way line and continuing along said north line, a distance of 1098.55 feet to a found 5/8 inch iron rod for corner; THENCE South 80°02'03" West, along said north line, a distance of 247.96 feet to the POINT OF BEGINNING and CONTAINING 1,008,663 square feet, 23.16 acres of land, more or less. EXNIBIT�_ TQ �rd-_2�o,,'-81 P81�e � of ._.�. Legal Description Community Commercial District Being a portion of 32.55 acre tract of land situated in the E.Moore Survey,Abstact No. 1029, Tarrant County, Texas, and including all of the 29344 acre tract and 3.195 acre traet conveyed to Triple T Farms,Ltd. as evidenced by the deed recorded in Volume 14844, Page 436,Deed Records Tarrant County, Texas and being more particularly described as follows: BEGINNING at a found 5/8"iron rod in the north line of said 32.55 acre tract, and being in the south right-of-way line of Wall Street; THENCE North 89°35'41"East, along said south right-of-way line, a distance of 394.71 feet to a found T�ot aluminum monument, said point being the intersection of said south right-of-way line and the west right-of-way line of Business S.H. 114(Northwest Highway); THENCE South 46°00'S1"East, along said west right-of-way line, a distance of 75.56 feet to a found TxDot aluminum monument; THENCE South 43°03'14"East, continuing along said west right-of-way line, a distance of 174.76 feet to a found TxDot aluminum monument for the beginning of a tangent curve to the right having a radius of 1580.42 feet, a central angle of 17°27'S9", and a long chord and distance which bears South 34°19'13"East, 479.92 feet; THENCE along said curve to the right, an arc distance of 481.78 feet to a found %2 inch iron rod for corner; THENCE South 21°14'30" West, a distance of 30.38�feet to a found '/z inch iron rod for corner; THENCE South 23°44'40"East, a distance of 58.65 feet to a found '/z inch iron rod for corner; THENCE South 70°07'47"East, a distance of 29.36 feet to a found %2 inch iron rod for corner, for the beginning of a curoe to the right having a radius of 1587.02 feet and a central angle of 3°43'33"and a long chord and distance which bears South 18°56'13" ' East, 103.18 feet; I THENCE along said curve to the right an arc distance of 103.20 feet to a found %z iron rod for corner; THENCE South 17°07'38"East, a distance of 356.74 feet to a found %z inch iron rod far corner; , � � � _ . __ � . _, r. ..�,.._. ,�_. < . _ _. . ,,. . �� EXH181T TO ►' • Page _._.� of �..,.�.. THENCE South 72°52'25"West, a distance of 172.20 feet to a point for corner; THENCE South 80°00'14" West, a distance of 89.60 feet to a point for corner; THENCE North 20°4T 07" West, a distance of 451.19 feet to a point for the beginning of a tangent curve to the left having a radius of 300.00 feet, a central angle of 10°29'07", ' and a long chord which bears North 26°O1'41" West, 54.82 feet; THENCE along said curve to the left, an arc distance of 54.90 feet to a point for corner; THENCE North 31°16'14" West, a distance of 276.13 feet to a point for corner; THENCE North 40°55'25"West, a distance of 206.72 feet to a point for corner; �; THENCE North 43°56'40"West, a distance of 81.56 feet to a point for corner; THENCE North 08°59'31"East, a distance of 15.72 feet to a point for corner; THENCE North 89°55'48" West, a distance of 246.36 feet to a point far corner; I THENCE North 00°22'06" West, a distance of 232.66 feet to a point for the POINT OF BEGINNING and CONTAINING 409,062 square feet, 9.39 acres of land, mare or less. .�P.,� I I ,i i � I � I i I I I I� , i i i I � . I I �., ,, � I