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HomeMy WebLinkAboutORD 2017-021 ORDINANCE NO. 2017-021 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 Z17-02 FOR PROPERTY LOCATED AT 3193 BASS PRO DRIVE ON A TRACT OF LAND IN THE JAMES GIBSON SURVEY, ABSTRACT NO. 586, 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 "CC" COMMUNITY COMMERCIAL 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, I 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 Z17-02 to rezone the following described property to-wit: being a 12.67 acre tract of land out of the James Gibson Survey, Abstract Ordinance No. 2017-021 2 No. 586, Tarrant County, Texas (3175 and 3193 Bass Pro Drive) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "CC" Community Commercial District Regulations is hereby changed to "LI" Light Industrial District Regulations, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. 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 3. 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 4. 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 5. 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 6. 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. Section 7. 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. Ordinance No. 2017-021 3 LPASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 18th day of APRIL, 2017. APPROVED: I -#,--, William D. Tateif Mayor ATTEST: F oRAPIc' �� i, \24, V! �' -^ ' gym OkZedafia W I1: Tara Brooks \Z , C City SecretaryI \ - APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney I Ordinance No. 2017-021 4 Exhibit "A" DESCRIPTION of a 12.878 acre tract of land situated in the John Gibson Survey,Abstract No. 586,Tarrant County,Texas; said tract being part of that certain tract of land described in Special Warranty Deed with Vendor's Lien to Fellowship of Las Colinas recorded in Volume 11578, Page 1111 of the Deed Records of Tarrant County Texas and in Volume 94091, Page 1680 of the Deed Records of Dallas County,Texas;said 12.878 acre tract being more particularly described as follows: COMMENCING, at a 1/2-inch iron rod with "GOODWIN MARSHALL" cap found for corner at the southwest end of a right-of-way corner clip at the intersection of the north right-of-way line of Bethel Road/Bass Pro Drive (a variable width right-of-way) and the said west line of Creekview Drive(a variable 60-foot wide right-of-way);said point being the most southerly southeast corner of Lot 1, Block 1, DCT Fellowship West Addition, an addition to the City of Coppell recorded in Instrument No.201600117181, Official Public Records, Dallas County,Texas; THENCE, South 89 degrees, 31 minutes, 11 seconds West, along the said north line of Bethel Road/Bass Pro Drive and the South line of said Lot 1,a distance of 592.66 feet to a 1/2-inch iron rod with "PACHECO KOCH"cap found; said point being the southwest corner of said Lot 1 and the POINT OF BEGINNING;said point being in the approximate county line between Dallas and Tarrant Counties,the approximate city limit line between Coppell and Grapevine and the approximate survey abstract line between the John Gibson Survey,Abstract No. 1716 and the John Gibson Survey,Abstract No. 586; THENCE, in a westerly direction departing said approximate county, city limit and survey abstract lines, along the said north line of Bethel Road/Bass Pro Drive,the following six(6)calls: South 89 degrees, 31 minutes, 11 seconds West, a distance of 40.13 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap set for corner; South 00 degrees, 12 minutes,36 seconds West,along an offset in the said north line of Bethel Road/Bass Pro Drive, a distance of 2.28 feet to a 5/8-inch iron rod with"PACHECO KOCH"cap set for corner; said point being an angle point in the said north line of Bethel Road/Bass Pro Drive; South 89 degrees,30 minutes,44 seconds West,a distance of 15.88 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap set at the beginning of a tangent curve to the left; Along said curve to the left, having a central angle of 00 degrees, 31 minutes,48 seconds,a radius of 22960.81 feet, a chord bearing and distance of South 89 degrees, 14 minutes,50 seconds West,212.35 feet,an arc distance of 212.35 feet to a 5/8-inch iron rod with "PACHECO KOCH"cap set at the end of said curve; South 88 degrees, 58 minutes, 57 seconds West,a distance of 350.00 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap set at being the beginning of a tangent curve to the right; Along said curve to the right, having a central angle of 00 degrees,07 minutes,07 seconds,a radius of 11416.66 feet, a chord bearing and distance of South 89 degrees,02 minutes,30 seconds West, 23.62 feet, an arc distance of 23.62 feet to a 5/8-inch iron rod with "PACHECO KOCH" cap set for corner in the west line of said Fellowship tract and the east line of Lot 1, Block 2, Genesis Addition,an addition to the City of Grapevine,Texas according to the plat recorded in Instrument No. D204303185 of the Official Public Records of Tarrant County,Texas; THENCE, North 00 degrees, 31 minutes, 30 seconds West,departing the said north line of Bethel Road/Bass Pro Drive and along the said west line of the Fellowship tract and the said east line of the second referenced Lot 1,at a distance of 382.41 feet passing the northeast corner of said second referenced Lot 1 and the southeast corner of Lot 5, Block 2,Genesis Addition,an addition to the City of Grapevine according to the plat recorded in Instrument No. D207195455 of said Official Public Records, continuing along the east line of said Lot 5, at a distance of 747.50 feet passing the northeast corner of said Lot 5 and the southeast corner of Lot 1, Block 1,Water Oaks Event Center,an addition to the City of Grapevine according to the plat recorded in Instrument No. D215041532 of said Official Public Records, then continuing along the east line of said third mentioned Lot 1, in all a total distance of 881.12 feet to a 5/8-inch iron rod with "PACHECO KOCH"cap set for corner; THENCE, North 89 degrees, 28 minutes, 30 seconds East,departing the said west line of the Fellowship tract and the said east line of the third mentioned Lot 1, a distance of 627.96 feet to a 5/8-inch iron rod with "PACHECO KOCH"cap set for corner; THENCE,South 00 degrees, 31 minutes, 30 seconds East,a distance of 360.30 feet to a 5/8-inch iron rod with "PACHECO KOCH"cap set for corner; THENCE, North 89 degrees, 28 minutes, 30 seconds East,a distance of 22.06 feet to a 5/8-inch iron rod with "PACHECO KOCH"cap found for corner;said point being the northwest corner of said first mentioned Lot 1 and being in said approximate county, city limit and survey abstract lines; THENCE,South 00 degrees, 22 minutes,07 seconds West, along the West line of said first mentioned Lot 1 and said approximate county,city limit and survey abstract lines, a distance of 514.62 feet to the POINT OF BEGINNING; bap CONTAINING: 560,975 square feet or 12.878 acres, more or less.