HomeMy WebLinkAboutORD 1996-073 �
ORDINANCE NO. 96-73
�,,,,, 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 Z96-15 ON
TRACTS OF LAND OUT OF THE H. SUGGS SURVEY,
ABSTRACT N0. 1415 AND THE J. GIBSON SURVEY,
ABSTRACT NO. 586, 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
A 23.428 ACRE TRACT FROM "PID" PLANNED
INDUSTRIAL DEVELOPMENT DISTRICT TO "CC"
COMMUNITY COMMERCIAL DISTRICT REGULATIONS
AND A 16.685 ACRE TRACT FROM "BP" BUSINESS PARK
DISTRICT 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 (52,000.00) 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 public and the pedestrians using the facilities in the area immediately
t� 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. 96-73 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 also
known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is
hereby amended and changed by Zoning Application Z96-15 to rezone the following
described property to wit: Being a 23.428 acre tract of land and a 16.685 acre tract
of land, both out of the H. Suggs Survey, Abstract No. 1415 and the J. Gibson
Survey, Abstract No. 586, of the Deed Records of Tarrant County (1900 State
Highway 121 North) more fully and completely described by metes and bounds in
Exhibit "A", attached hereto and made a part hereof, which 23.428 acre tract
previously zoned "PID" Planned Industrial Development District is hereby changed to
"CC" Community Commercial District Regulations and which 16.685 acre tract
previously zoned "BP" Business Park District is hereby changed to "CC" Community
Commercial District Regulations, all in accordance with a concept plan attached
hereto as Exhibit "B" 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.
ORD. N0. 96-73 3
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 (52,000.00) 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 �7th day of September , 1996.
�
'�+ APPROVED:
William D. Tate
Mayor
ATTEST:
Lind Huff
City Secretary
�
�
ORD. NO. 96-73 4
r
APPROVED AS TO FORM:
� ��%yZ�����
=°—�
John F. Boyle, Jr.
City Attorney
�
Wr..+
�
�Yrrr
ORD. NO. g6-73 5
� 3 C� C� C a� L ��11
r��ll�ifi� TO `��t� G" �,;� � '
.___ , ,
°�3� ____1--. of ..�— SEP 1 0 1996 ' I I�,
V
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�' LEGAL D�SCR.(PTION � �
B�.Li�tG a 23.428 acre trict of latad situated xn the H. Suggs S�irvey, Ahstract ivo_ 1415 and the J_ CTibson
'�"'�"' Surv�y, .A.bstract No. 586, City o�Gz�apevine, Tamant Cau..nty,Texas, and t�eing al l af�hat same txact of
Iand descdbed in deed tQ nIFW NO�TN LIT�9ITLJ� PART,�I.�RSHIP, rec�,rded in VoJume 7669, �age
1895, DYZTC�', ac�d being more particulai•1y described as follows:
BEGINNING at a.314" iro�a z�d found at the southea�t ec�mer o�'a tract of lar�d as described in deed to
DFW�TQ�ZTH�2 L�'D_, recc�rded ib.Volaz�� I 1�52, Page 1.7Q1 I1KTC�',;.aid rod al.sp bein� in t�e north
�ine of said D/k'W NOAT�I,�fITED P.A�TtdERSN1P tract;
I�-�,fi10E S R9°59'��.2" E alon� the no.zth iine of sai� D(FW �+10RTH LI�v1JTED PART.�IEICS�-TIF Crar*,
122.94 feet to a 1!2" iro� t� found at tb�e norEhea.st comer of saaid h-act;
`�'HENCE S QO°t74'00" E alon.g the east tir�e af said A/k'V� NaR�-I LINfITED .PARII�TERSHCP tract,
�307.72 feet ta a point on t��te z�octh right-o.f-way line of Bethel Road {50' K.o_W.) foc the southe�st
comer a�'saitd tract;
TT�NCE N 89°59'Z2" W al�ng the south tuie o�said C?!FW�TQ�2TF� LiMI'[�D �A,I�SNERSHIP tra,ct
and the aort� right-of-way tine af Be�cb,c] Road, 78a.37 feet to a point for the southwest coz�,er of said
#ract, said gouet a�so E�eiag the sauthe.ast corneX <>f a tract o�f l�nd as described in deed to T1�omas G.
MeBride, et. al_, z�ecorded it� Voiume 4-8�2, Page 429 T�RTCT;
,�.., T�-IErTCE N 00°00'00"E alo�zg the west�xz�e of said Dl�W NORTH L�MITEb PAkZ.TT]ERSHIP tracx and
the ea,gt line of said McBride tract, Z3U7.72 feet tt� a 11�" irflz�. �rod found ota th� sourh line of saitl DIFW-
NORTH#2 �,TJ�. tr:ct:
� �
T�;tENCE S 89°59'22" E�.3a�ig tb�e north Iine of said D��'uT NORT��LI1�2ITED PAR�NE�ZS�UP tra�t and
the south line of saiid D/FW-VO�'�'H #2 LTD. tra�t, GS?.43 �eet to the POINT of BEGII�TNTIvG and
conta�ni.ng 1.,42(},505 s�uare ��.�t or 23.42$ acres of letad.
�
�
;_1G--1 L•1-1�'�'�f_, 1�=4E�AM :14E�^l l b F, �1^
EXHIBIT� TO ��' � � � ��� �i
� � ' �I�i�
Pa�e of � , , ��� ,
� � I 0 ��6 , �,
LEGAL DESCRIP"T'[�tiI j�. ' � �� ;,'
,
� _ BEING a �6_bR5 acre tract of land si:tuated in the H. Suggs Survey, Abs 'sct No. 1�15_and.theJ. Gibsctin
Surve � Abstract�to. 5R6, Ci � of Gra evi,p�e Tacrant Coun �
y, t} p , ty, Texas, being a �or4ion of that same tract
of t��a as d�:scribed in deed to DFW-NURTH #2, LTD_, recorded i�z VoEuttte i 1152, Page 1791 of the
� Deed Reeords of Tanrsczt County, Texas (D�TC'I� and being zxtore �-irticularl3� desc,�t��cl as follows-
BEGINNIN� at a 1/�" uan rai set at the soathwest conxc�r nf Lot 1, Blc�ck I of Genesis A.ddi:tio�, an
addi.txo�ta t�>the City of Gra��e�ine, Tairant Cou�aty,Tex�s as r�cqrded in (:abinet A, Slxde 285$of the Pl�t
Racords of�'a�t Gounty, Texas (p�TC'1�, sa.id 'zror� �rod als� heing i� t)xe e,ast ]ine of State Hi�htivay
Na. S21 (Variahle tividtb R.O.W. - Per VoJ._ 5150, Pg. 694, D�{TC�;
T��NGE S 89°57'15" � alc�n� the south li�e of said Lot 1, Btock 1� 451.7b fe�t to a 7./2" iron rod set;
7'HENCE N 00°02'45" W alang the east line of said Lot 1., Block I, 245.00 �'eet to a I/2" iron rod set,
said ir�n rod also�ei.o,g in the sauth tiz�e o�a tr�ct t�f land as described in deed t� Marian G. Spe�cer and
5}�arzon. �, Spencer, recarded in Valu�e l 1038, Page t I90, DR�'GT;
TT�NCE S 89°57'l5" E (Re�e�ne� Bearing - ��'Deed VoL 11152, �'g_ l"791, DRTC1�, departing the
east line of sa�d�.,ot 2, Block 1, alort�g the south line o�f said Spencer tract, ]OU8.6b feet ta a S/8"i�r�on md
�Qwrad at the sautheast cvr�er of said S�cec ixact;
T�NGE S 04°13'S1" E, deQazt�iag the south ltne of said Spe�icer trac� and along the east �xne af said
D�W-�TURTH#2 LTD. traei, 567.51 feet#o a 3l�" irc�n rod �'oux�d at the southea,t corner of said DFW-
NORTH #Z L�D- �ct, said rod �(so being in t�te n.orth line of a tr�ct of land as descr�bed in deed t�
�
D(FV��+T(�RTH LIlVITTED PARTNERSHIP, z'ecor.tied in Volum� 7669, Page 1896, DRT�T ;
?T�.ENCE N 84°59'22" �i' aloztg tb,e north line of said DlFSi4t IvTORTH�.Lj!i�1`I`ED FARTNERS�tract,
�r 1.483.60 fee# to a T.H.D. monum�qt found on the east ti.�ne cif said State Hi,g�way 1�To. 121, said po.in#
being the �oinY of curvatu�e az a non-tangent curcular curve to the r�ght having a radius o;f 916.43 feet,
a central angle of 20°22'4-�", a chord �etx�th of 324.41 feet atad �s chord bearing of N (14°32'36" E;
'THENCE Noztkkeasterty, along the �srt line of saad State Hig�tivay No_ 121 anct said nam-taz�,gent
circular eurve to the riglrt, 32b.13 feet to the �'OINT af BEG�fING and cantainin$ 726,791 sqvare�'eet
ar t 6.685 acres of land.
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