HomeMy WebLinkAboutORD 2002-004 ` �`
ORDINANCE NO. 2002-04
' °�: �
; 4 5 AN ORDINANCE AMENDING ORDINANCE NO. 82-73, THE
,�� � COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS
;`;:�: I APPENDIX "D" OF THE CITY CODE OF GRAPEVINE,
TEXAS, GRANTING ZONING CHANGE Z01-18 ON A TRACT
`' OF LAND OUT OF THE A. FOSTER SURVEY, ABSTRACT
NO. 518, 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
;T PROPERTY FROM "PO" PROFESSIONAL OFFICE
DISTRICT REGULATIONS TO "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
�s � 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
�i. ( property, street size and adequacy of width for traffic reasonably expected to be generated
�F � 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
_,n
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,- 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
�F$ denied; effect on the congestion of the streets, the fire hazards, panics and other dangers
a��� 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. 2002-04 2
� Section 1. That the City of Grapevine Ordinance No. 82-73, being the
��`.w 1
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
.s�� g amended and changed by Zoning Application Z01-18 to rezone the following described
� � property to-wit: being a 9.006 acre tract of land out of the A. Foster Survey, Abstract
:';:;:� 1 No. 518, Tarrant County, Texas (2020 West State Highway 114, Lots 1 and 2, Block 1,
- Baylor Professional Office Building Addition), which was previously zoned "PO"
��.� Professional Office District Regulations is hereby changed to "CC" Community Commercial
District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73,
�„� as amended. Provided that said property shall be governed by the Deed Restrictions in
*;� Exhibit "A", attached hereto and made a part hereof.
�;�;:
;��:� 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 �ny 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. 2002-04 3
Section 7. Any person violating any of the provisions of this ordinance shall be
A � 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
��. l
sz;-, s 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
_��- 1 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, properly, 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.
f': PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
�`; GRAPEVINE, TEXAS on this the 15th day of January, 2002.
�:'�:
APPROVED:
--__
William D. Tate
4.�,:�
Mayor
:�
ATTEST:
�'�u ,� ,�
Lind� Huff (�j�
City Secretary
APPROVED AS TO FORM:
, .
, ,
John F. Boyle, Jr. `
City Attorney
ORD. NO. 2002-04 4
EXHIBIT� TO � .� � •
Page ___1__ of .�._�. �
, � - t� ��'���°"'
DECLARATION OF COVENANT . �'��`= `
m- u AN D �°��
DEED RESTRICTIONS
,;;_„ � THE STATE OF TEXAS
�_;; �' COUNTY OF TARRANT
� ^ g Know all men by these presents TCDFW BMOB LP (°DECLARANT") is owner in
G:'nw � . .
fee simple of certain real property consisting of approximately 5.6357 acres located
entirely in the City of Grapevine (the "CITY"), in Tarrant County, Texas, being more
particularly described on Exhibit "A" attached hereto and incorporated herein for all
�`�. purposes (the "PROPERTY" or the "ADDITIOM').
^,x-:
= Declarant hereby covenants and agrees that Declarant, and its Successors and
�_ Assigns, shall develop the Property, with the following deed restrictions, to wit:
- (1) The use of the Property shall be restricted to medical oriented Professional Office
<.��',A uses and an ambulatory surgical center use.
n Upon a written request being submitted by the Declarant to the City's Director of
Development Services, the City of Grapevine agrees to confirm in writing whether the
Property has been developed in compliance with the above stated restrictions.
These restrictions shall not be altered, amended or terminated without a public
hearing before the City Planning and Zoning Commission and the City Council of the
City of Grapevine. Notice of such public hearings shall be given as would be required by
,� law for a zoning change on the Property. The City Manager or Designee, through
authorization by majority vote of City Council of the City of Grapevine, Texas and
Declarant, its Successors or Assigns, must sign the document filed in the Deed of
� Records of Tarrant County, Texas, approving the amendment or termination of this
Declaration of Covenant and Deed Restrictions.
These restrictions contained herein are not in any manner intended to restrict the
right of City Council of the City of Grapevine to exercise its legislative duties and powers
insofar as zoning of Property is concerned, nor are they intended to restrict the right of
the Declarant to additional restrictions on the Property as long as the additional
restrictions do not contradict this Declaration of Covenant and Deed Restrictions. These
Covenants are perpetual unless canceled or modified by mutual agreement of the
parties.
These restrictions inure to benefit the City of Grapevine, and the City of
Grapevine does hereby reserve the right to prosecute, at law and equity, against the
person violating or attempting to violate such restrictions, either to prevent him from so
doing or to correct such violation and for further remedy, the City of Grapevine may
withhold the certificate of occupancy necessary for the lawful use of the Property until
such restrictions described herein are fully complied with.
These restrictions are hereby declared covenants running with the land and shall
be fully binding upon all persons acquiring property within the tract described in Exhibit
"A", and any person by acceptance of the title to any of the Property shall thereby agree
and covenant to abide by and fully perform the foregoing restrictions and covenants.
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zoning.DOC �
EXHIBIT� TO �"� `.—�`�
, Page �.. Of ,..�_
�"`" EXECUTED on this the � day of , 2002
�°;.; ( TCDFW BMOB LP, a Texas limited
� : s" partnership
; � � By: TCDFW Investment and
;�,T. ! Development, inc., a Delaware
_�
corporation;�ts,ger�e�al partner
By: � � � �
; , � ,
�� Name: •� . � �� . > ��,. . , ..
. Title: .`�°�::.,w.
��:.
3_�
�'.�
�';� STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknow�edged before me on the day of ' �``�`
�
2002, by � °` = ¢ > �`� , ° �' of TCDFW Investment and
Development, Inc., general partner of TCDFW BMOB LP.
�.��.. .. ,���� .
. .� .. p�..
�a+ :pt�YP C ���3��.:.�. ���� A . . _ . .� .
� ��}1 y��'iY 6��.D$�Lg�.< , _, � -�'�` � � �
� �'.f. ���'a��s Notary Public Signature
�-
'�F�� d.`�r�r:. ;_;:;��, f�c4„�s�.2E.'�t�
Y�I�if r-�ew��.,,a.�+��-,. . , „ ��-s�r�
EXECUTED on this the��day of , 2002
The C� a e , s
BY
Roger Nelson, City Manager
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the � � day of /, ; ,;;; .� ` r. ,
2002, by Roger Nelson, City Manager for the City of Grapeyine.
,..w. � . . , � � � � ,
, � ;.� ;
�P`�, CHAR�Y BERRY Notary Public Signaturev
. NOTARY PUBLIC —T�x,qS
; ?' MY COMMISSION EXPIRES
�,� '�'os� JULY 17,2003
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zoning.DOC 2
. , -. EXHIBIT�L TO ��F�'�...�=���-o�`
� � - Page �l_ of �L�...
,��-�
EXHIBIT "A"
,y r Legal Description
�;
�ry'`" J� Being a tract or parcel of land situated in the A. Foster Survey, Abstract No. 518 in the
'is s � City of Grapevine, Tarrant County, Texas, and being all of Lot 2R, Block 1, of Amended
`;n;;; � Final Plat of Lot 1R and Lot 2R, Block 1, Baylor Medical Surgery Center, an addition to
the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in
- Cabinet A, Slides 7157 and 7158 , Plat Recards, Tarrant County, Texas.
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zoning.DOC 3
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D202219860
*-„ / CITY OF GRAPEVINE-PUBLIC WORKS
P O BOX 95104
�~;, GRAPEVINE TX 76099
-W'' A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
�..:�.
� I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF GRAPEVINE-PUBLIC WORKS
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
202379804 DR92 D W 08/09/2002 12 : 48
�..-.�
INSTRUMENT FEECD INDEXED TIME
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T O T A L : DOCUMENTS : Ol F E E S : 21 . 00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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