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HomeMy WebLinkAboutORD 2010-003 ORDINANCE NO. 2010-03 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF 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, BY GRANTING CONDITIONAL USE PERMIT CU09-47 FORA PLANNED INDUSTRIAL PARK IN A DISTRICT ZONED"LI" LIGHT INDUSTRIAL DISTRICT ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; 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 THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning &Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinance 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 this requested conditional use permit 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 overcrowding of the land; the effect on the concentration of population; 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 conditional use permit 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, 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, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and 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 granting of this conditional use permit,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 WHEREAS, the City Council of the City of Grapevine, Texas, does find that the conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, 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 conditional use permit 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 the issuance of this conditional use permit for the particular piece of property is needed, is called for, an 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. 2010-03 2 Section 1. That the City does hereby issue a conditional use permit in accordance with Section 48 of 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, by granting Conditional Use Permit CU09-47 for the establishment of a planned industrial park in the "LI" Light Industrial District within the following described property:to be platted as Lots 1R-1, and 1R-2, DFW Industrial Park, Phase III (1702 and 1712 Minters Chapel Road)all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 2. That the City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. 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 ordinance 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 safely 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. 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 which 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. 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 ORD. NO. 2010-03 3 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. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 19th day of January, 2010. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 16th day of February, 2010. APPROVED: William D. Tate Mayor ATTEST: C)4g-t-ri. t?'411 Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD. NO. 2010-03 4 6� I- STATE HIGHVAY NO. 114 6( - - - - -__ VARI E War. ,B, —604 EX _y�A ______ ____ ____ 606 — 0' BUILDIN ------ - - -- -- LIDE 4334 — -- — — — — _ 10' SIDEWALK, UTILITND 608 DFW INDUSTRIAL PARK, PHASE 5 CAB, A, SLIDE 4334 LOT 2 CAD. A, SLIDE 4334 JZMEM LI -LIGHT wz s1°"cT vmi 889'34'87'£ 400.00' X. 2' W T H 10 B LD 1I L Ln1E - SLIDE 18 �a a a; �m ;r m J ao z> 3 0 PROPOSED LOT 1R1 OF THE REPLAT FOR DRW INDUSTRIAL PARK, PHASE III 82,575 sq.ft. EXLSTDK 1.90 acres STRUCTURE ZONED LI -LIGHT INDUS € *• ST a 'OLLARDS 11 3 { rc TOTAL STTE DATA CURRENT ZONING "LI" - LIGHT INDUSTRIAL CURRENT USE: OFFICE & WAREHOUSE LOT AREA: 156,774 S.F. OR 3.60 ACRES EXISTING BUILDING SQUARE FOOTAGE: 76,738 S.F. MAX. BUILDING COVERAGE 50% MAX, 37.9 %PROVIDED BUILDING FIGHT: TWO STORY PARKING REQUIRED:. 129 SPACES PARKING PROVIDED: 152 SPACES IR OPEN SPACE REQUIRED: 15% WITH 30' FRONT YARD (23,516 S.F.) OPEN SPACE PROVIDED: 9.9% (15,543 SF) TOTAL IMPERVIOUS AREA: 0.85 MAX, 0.90 PROVIDED - - JOII INDRrIDUAL LOT DATA " CITY REQUIREMENTS 612 -� 1 MIN. LOT SIZE: 20,000 SQ. FT. 1 i MIN. OPEN SPACE: 15% W/ 30' FRONT YARD ti Rs r,L ' 1 MAX. BUILDING COVERAGE = 500/. ! MAX- %.IMPERVIOUS AREA = 85% W/ 30' FRONT YARD REGULAR- WIDTH HANDICAP- LOT = 150' FRONT YARD: 30' SIDE YARD: 15', REAR YARD 30' LOT 1 616 I DFW INDUSTRIAL PARK, PHASE 111 CAB- A, SLIDE 1864 _ �I "` @1 1� i BARDS 35a.� PROPOSED LOT 1R2 OF THE REPLAT FOR DFW INDUSTRIAL PARK, PHASE III 74,199 sq.ft. EXISTING 1.70 acres STRUCTURE o ZONED LI - LIGHT INDUSTRIA J b 6 50' INGRESS /EGRESS ESHT. --1 VOL 7889. PG. 1377 6' I ZINED LI - LII�1T DRDUSTR �� I I DFW INDUSTRIAL PARK, PHASE II Ana msT —T-1 LOT 2 aLLIPncE rLr,➢ m. LP.. CAB. A, SLIDE 1864 A ➢ELAV VE LEI M%34113�RSNIP / I LOCATION MAP N.T.S. PORT AMERICA PLACE ca Inv. PARKING COUNT LARGE TREE N SMALL TREE SHRUBS o HANDICAP PARKING FLOW ARROW 0' 20 40 80 Scale 1' =40' a= ie Uj K >� H� w> E 0 LOT IRO LOT SIZE: 82,575 SQ. FT. OPEN SPACE: 11.3% (9,331 sq. R Provided) 12,386 sq R Required BUILDING COVERAGE = 37% IMPERVIOUS AREA = 88.7 % (73,244 sq ft) LOT WIDTH = 205.38' LOT DEPTH = 400.00' FRONT YARD: 30.0' SIDE YARD : 15' REAR YARD: 10.28' LOT IR2 LOT SIZE: 74,199 SQ. FT. OPEN SPACE: 8.3% (6,159 sq. ft. Provided) 11,130.q ft. Required BUILDING COVERAGE = 43% IMPERVIOUS AREA = 91.7 % (68,040 sq ft) LOT WIDTH = 185.51' LOT DEPTH = 400.00' FRONT YARD: 30.0' SIDE YARD: 15' REAR YARD: 10.31' OWNER: BREOF Alp DALLAS, L.P. 181 BAY STREET, SUITE #300 TORONTO, ONTARIO CANADA M5J2T3 AGENT: CB RICHARD ELLIS, INC. 12900 SENLAC DRIVE, SUITE #200 FARMERS BRANCH, TEXAS 75234 SURVEYOR: CBG SURVEYING, INC. 11545 PAGEMILL ROAD, #200 DALLAS, TEXAS 75243 PREPARER/ ENGINEER: MIDDLEfON & ASSOCIATES, LLC 1111 SOUTH MAIN STREET, SUITE 123 GRAPE %INE, TEXAS 76051 CASE NAME:DFW INDUSTRIAL PARK, PHASE III, LOTS 1R1 & 1R CASE NUMBER: CU -0947 LOCATION: LOT 1, DFW INDUSTRIAL PARK, PHASE III MAYOR SECRETARY DATE: PLANNING AND ZONING COMMISION CHAIR -- - - - - -- MAN DATE: ------- - - - - -- SHEET 1 OF 1 APPROVAL DOES NOT AUTHORIZE ANY WORK IN CONFLICT WITH ANY CODES OR ORDINANCES DEPARTMENT OF DEVELOPMENT SERVICES a°a-3 PARKING SUMMARY TOTAL PARKING REQUIREMENTS WAREHOUSE: 46,475 S.F12000 = 24 SPACES OFFICE: 29,833 S.F.: 5+11300 = 105 SPACES TOTAL PARKING REQUIRED = 129 SPACES PARKING PROVIDED: REGULAR- 148 SPACES HANDICAP- 4 SPACES TOTAL- 152 SPACES LOT IRI PARKING REQUIREMENTS WAREHOUSE: 22,591 S.FJ2000 = 12 SPACES OFFICE: 20,831 SF.: 5+1/300 = 75 SPACES TOTAL PARKING REQUIRED = 87 SPACES PARKING PROVIDED: REGULAR- 100 SPACES HANDICAP- 2 SPACES TOTAL- 102 SPACES LOT IR2 PARKING REQUIREMENTS WAREHOUSE: 23,884 S.FJ20W = 12 SPACES OFFICE: 9,002 S.F.: 5 +11300 = 35 SPACES TOTAL PARKING REQUIRED 47 SPACES PARKING PROVIDED: REGULAR- 48 SPACES HANDICAP- 2SPACES TOTAL - 50 SPACES NOTES: 1. ALL PROPERTY SHOWN HEREON' IS CURRENTLY ZONED "Lr LIGHT INDUSTRIAL 2. NO PORIDONS OF THE SUBJECT PROPERTY IS SHOWN TO BE WITHIN A SPECIAL FLOOD HAZARD AREA AS DEFINED BY THE FFMA FLOOD HAZARD BOUNDARY MAPS PREPARED FOR THE CITY OF GRAPEVINE, COMMUNITY N0.48439OD115 K 3. PARKING FOR THE DISABLED PERSONS SHALL BE DESIGNATED ACCORDING TO CHAPTER 23, SECTION 23.64 THROUGH 23,69 OF THE CODE OF ORDINANCES. 4. BASE DATA PROVIDED BY CBG SURVEYING INC. 5. ALL SITE DRAINAGE IS SURFACE DRAINAGE. NO UNDERGROUND DRAINAGE FACILITIES EXIST ON THIS SITE CONDITIONAL USE REQUEST CU -0947 IS A REQUEST TO ESTABLISH A PLANNED BUSINESS PARK. 1--.1 — IL —LUIU M Middleton & Associates, LLC. OR. CONSULTING. CIVIL ENGINEERS © Copyright A1111 SOUTH MAIN ST., SUITE123 (972) 393 -9800 GRAPEVINE, TEXAS 78051 TBPE/ F -10900 CONDITIONAL USE PERMIT SITE PLAN FOR 3.60 ACRES BEING LOT 1 OF THE DFW INDUSTRIAL PARK, PHASE III Drawing Flie: 0008SITEPLAN.DWG Project No: 0008 -001 1 "= 40' 1 1 -8 -2010 HORIZ. Of N/A VERT. 1