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Item 8DCity of Southlake Department of Planning STAFF REPORT March 28, 2002 CASE NO PROJECT ZA02 -025 Tracts in the H. Decker Survey and the Brumlow Industrial District REQUEST: On behalf of Joe L. Wright, Wright Development Co. is requesting approval for a zoning change to `I -1 ", Light Industrial District. ACTION NEEDED: Consider first reading for zoning change ATTACHMENTS: (A) (B) (C) (D) (E) (F) Background Information Vicinity Map Plans and Support Information Surrounding Property Owner Map Surrounding Property Owner's Responses Ordinance No. 480 -394 STAFF CONTACT: Ben Bryner (481 -2086) Case No. ZA02 -025 BACKGROUND INFORMATION OWNER: Joe. L. Wright APPLICANT: Wright Development Co. PURPOSE: The purpose of this request is to receive zoning for industrial development. PROPERTY SITUATION: The property is approximately 31 acres of land located on the northwest corner of State Highway 26 and Mustang Drive. LEGAL DESCRIPTION: Tract I Brumlow Industrial District and Tracts 1B3, 4B 1, and a portion of Tract 1B 1B in the H. Decker Survey, Abstract No.438 LAND USE CATEGORY: Industrial CURRENT ZONING: "AG" Agricultural District and "I -2" Heavy Industrial District REQUESTED ZONING: "I -1" Light Industrial District HISTORY: There is no development history on this piece of property. TRANSPORTATION ASSESSMENT: The site has one access directly onto State Highway 26 in Grapevine. The drive aligns with Mustang Drive across S.H. 26. P &Z ACTION: March 21, 2002; Approved (4 -0). STAFF COMMENTS: Please note that a change of zoning to the "I -1" Light Industrial District does not require a Concept Plan. This property is not residentially adjacent and does not have frontage on any of the City's designated corridor rights -of -way. M \Community Development \WP - FILES \MEMO \2002cases \02- 025Z.doc Case No. Attachment A ZA02 -025 Page 1 Vicinity Map Tract 1A Brumlow Industrial District and Tracts 1133, 4131, and a portion of Tract 113113 in the H. Decker Survey, Abstract 438 1000 0 1000 2000 3000 Feet N E Case No. Attachment B ZA02 -025 Page 1 o N � O G r� 1"r n b� a � &elran fLd F- w = F 3 a _! C og of Irne_ o �• .w O. SI5. FnOT]E w L Anrx! FP5 TC:1'7 l4 LnfV wSrdo, e!- ']I49, 3G'] ' Vol'Y� F� 8BC I I Vel '>1m, W IdW I I Ve! 'll0q f6. fbi'Z I � - � e � ea..r Y i CA, � � n,od - -- .e = "n �"!eo.�rw : O sro�ao�� � - n..eW � � � Son In3et I i . e M 06CCF E12 S0r2V (f<,l A -436 SO. ')60 Ac. 16AAS AI (Sr2ICAf) 13Af7K /F:T. UJOUTH Vat. �'d¢J, F6. B7a Cer2TIFICATIOn I W-reCSV C4nTSFV TMA7 TW5 SfIIWdC , MA04 OOCMO rnY SOPdr2 V-00, Y. FIS T 6 nRLAT4 OF 5r1O 17)CjlnC FEnCeS TO THIS Pr.UPe OT2 Ur1 '—S Of Tr 'A 760 AC r1U5 SF W n Ftdr2d4 r). -60,� —M, 0 APPAOe— F mre nT5, PraOTOCJ5nn5 Or] enCYXJgCIi- M&.T5, ETCCPT ��rE. 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O wed• 1 .n A F� fe23 I o SO,pp�� - - � � i TekP�na �r C�.n I 11'•/ U•ade�mu F Iowa ".. � � a o � Pble A. z vau c •s sn..,,.> eu�Tn�r: adFJ e� � _ ma toll nlv�� Tlx, Ir�r.as � Q o j rCC�rcss ✓- `sr•�+P �RP{xry/�.rJ !nv.� CR $ , i £ � C C llle•e Oem.d..a ludFT Tne InG. I SwIR Pf Tne iM•.•.iduol Vol. "1uG9, Fh_ 1223 I 0 � �� 44 C po OfrJAlO P 5 V.I `riiA I � o � C � a S I rnAOnunnrnni?mF� �1�Ue nc yl Pvr FJfF! 12AnpACL ' Ve1 L 7300, P� TrwmAa�U cansnT, n �4 1 M4 a d � � a v dD W � I.- n i SCAL E 11 = 100' 50.00 z N CONOCO INC. Q Vol.3081. Pg.248 w N D. R. T. C. T. Ln JOE L. WRIGHT I w 8 Vol. 8060, Pg. 27 0 o:: CITGO PETROLEUM CORPORATION D. R. T. C. T. Vo I .9384. Pg. 2202 V) D. R. T. C. T. I to w Cr z ( 4", \I / \� / D--03'50'46" / R= 768.00' / LC =S 38'05 "14'E. / 51:5/ / / 518 "' 1. R. S.tEp \ /.0663 ACRE (2.887 SO.FT.) 3j 0• s /a" 1. R. F; POINT OF / �t'O{ o� i �Py 9r y ; BEGINNING.' �N o , s/a ° r. R. S. e 518" 1. R. S, 518" 1. R F. •\ N 10'11'33 "E 36.51' y o' v1• S O�0• �. POINT OF �pP�c COMMENCING G A 6 po • 518" Iron Rod fn0. �I? e MUSTANG DRIVE O E s / EXHIBIT "B" R . , SHOWING siei '�. 0. 06 63 ACRE OF LAND .9 yOSUR �OQ SITU CITY OF SOUTHLAKE. TARRANT € TEXAS. 438 J09. NO. 202 - 99009.00 DATE: JUNE, 1999 G CQ'tP017f�770N1, FORT (517) W OR TH , .79 TE XAS 0T E761�pP • C O N S U L T A N T$ FAX 1617) 336.2247 RFVT F F R 1 7 ')111 V -vvis Case No. Attachment C ZA02 -025 Page 2 Surrounding Property Owners Tract IA Brumlow Industrial District and Tracts 1B3, 4B 1, and a portion of Tract 1B 1B Acreage 31.6 0.46 0.46 0.31 0.46 0.51 0.44 0.45 0.45 0.43 0.40 0.40 0.38 0.48 15.0 27.0 30.7 Case No. Attachment D ZA02 -025 Page 1 in the H. Decker Survey, Abstract No. 43 8 Owner Zoning Land Use 1. C. Emery 1. AG 1. Industrial 1. 2. .I. Cernicek 2. MH 2. Industrial 2. 3. J. Hale 3. MH 3. Industrial 3. 4. L. Auld 4. AM 4. Industrial 4. 5. E. Sikes 5. AM 5. Industrial 5. 6. T. Caudle 6. MH 6. Industrial 6. 7. A. 'Willett 7. MH 7. Industrial 7. 8. L. Hendoza 8. AM 8. Industrial 8. 9. B. Ammerman 9. AM 9. Industrial 9. 10. N. Alford 10. MH 10. Industrial 10. 11. J. Coker 11. MH 11. Industrial 11. 12. P. Thompson 12. AM 12. Industrial 12. 13. J. Anderson 13. AM 13. Industrial 13. 14. Conoco 14. I2 14. Industrial 14. 15. Petroleum Co. of Ti. 15. I2 15. Industrial 15. 16. City of Grapevine 16. 16. 1 16. 17. Shamrock Pipeline Corp. 17. I2 17. Industrial 17. 18. J. Wright 18. AG 18. Industrial 18. Acreage 31.6 0.46 0.46 0.31 0.46 0.51 0.44 0.45 0.45 0.43 0.40 0.40 0.38 0.48 15.0 27.0 30.7 Case No. Attachment D ZA02 -025 Page 1 in the H. Decker Survey, Abstract No. 43 8 Surrounding Property Owner Responses Tract IA Brumlow Industrial District and Tracts 1133, 4131, and a portion of Tract 1B1B in the H. Decker Survey, Abstract No. 438 Notices Sent: Eighteen (1S) Reponses: One (1) response was received from within the 200' notification area: • Jimmy Hale, 1234 Wood.wy Ct., Southlake, Tx., is opposed. (Received March 18, 2002) Case No. ZA02 -025 Attachment E Page 1 CITY OF SOUTHLAKE, TEXAS ORDINANCE NO. 480 -394 AN ORDINANCE AMENDING ORDINANCE NO. 480, AS AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY DESCRIBED AS TRACT IA, 1B3, AND A PORTION OF 1B1B, SITUATED IN THE H. DECKER SURVEY, ABSTRACT NO. 438, AND BEING APPROXIMATELY 30.8163 ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN EXHIBIT "A" FROM "AG" AGRICULTURAL DISTRICT AND I -2" HEAVY INDUSTRIAL DISTRICT TO "I -1" LIGHT INDUSTRIAL DISTRICT, SUBJECT TO THE SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND THE ZONING CHANGES AND AMENDMENTS HEREIN MADE; PROVIDING THAT THIS ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Texas Local Government Code; and, WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the authority to adopt a comprehensive zoning ordinance and map regulating the location and use of buildings, other structures and land for business, industrial, residential and other purposes, and to amend said ordinance and map for the purpose of promoting the public health, safety, morals and general welfare, all in accordance with a comprehensive plan; and WHEREAS, the hereinafter described property is currently zoned as "AG" Agricultural District and "1-2" Heavy Industrial District under the City's Comprehensive Zoning Ordinance; and Case No. Attachment F ZA02 -025 Page 1 WHEREAS, a change in the zoning classification of said property was requested by a person or corporation having a proprietary interest in said property; and WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by the City Council did consider the following factors in making a determination as to whether these changes should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the sites; safety from fire hazards and 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 loading spaces, and protection of public health by surfacing on all parking areas to control dust; effect on the promotion of health ad the general welfare; effect on light and air; effect on the over - crowding of the land; effect on the concentration of population, and effect on transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, the City Council of the City of Southlake, Texas, further considered among other things the character of the districts and their peculiar suitability for particular uses and the view to conserve the value of the buildings, and encourage the most appropriate use ofthe land throughout this City; and, WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a public necessity for the zoning changes, that the public demands them, that the public interest clearly requires the amendments, and that the zoning changes do not unreasonably invade the rights of those Case No. Attachment F ZA02 -025 Page 2 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 Southlake, Texas, does find that the changes in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other dangers, promotes the health and the general welfare, provides adequate light and air, prevents the over- crowding of land, avoids undue concentration of population, and facilitates the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and, WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is a necessity and need for the changes 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 tract or tracts of land requested for a change since the tract or tracts of land were originally classified and therefore feels that the respective changes in zoning classification for the tract or tracts of land are needed, are called for, and are in the best interest of the public at large, the citizens of the city of Southlake, Texas, and helps promote the general health, safety and welfare of the community. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake, Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is hereby amended so that the permitted uses in the hereinafter described areas be altered, changed and amended as shown and described below: Being Tracts IA, 1133, and a portion of 1B1B, situated in the H. Decker Survey, Abstract No. 438, and being approximately 30.8163 acres, and more fully and completely described in Exhibit "A" from "AG" Agricultural District and "I -2" Heavy Industrial District to "I -1" Light Industrial District. Case No. Attachment F ZA02 -025 Page 3 SECTION 2. That the City Manager is hereby directed to correct the Official Zoning map of the City of Southlake, Texas, to reflect the herein changes 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 Zoning Ordinance and all other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections, subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed. 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 the 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 provide adequate light and air; to prevent over - crowding of land; to avoid undue concentration of population; and to facilitate the adequate provision of transportation, water, sewerage, drainage and surface water, parks and other commercial needs and development of the community. They have been made after a full and complete hearing 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 Southlake, Texas, Case No. Attachment F ZA02 -025 Page 4 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 ifthe 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 said tract or tracts of land described herein. SECTION 7. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this ordinance shall be fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTION 8. All rights and remedies of the City of Southlake are expressly saved as to any and all violations of the provisions of Ordinance No. 480, as amended, or any other ordinances affecting zoning which have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 9. The City Secretary of the City of Southlake is hereby directed to publish the proposed ordinance or its caption and penalty together with a notice setting out the time and place for a public hearing thereon at least ten (10) days before the second reading of this ordinance, and if this Case No. Attachment F ZA02 -025 Page 5 ordinance provides for the imposition of any penalty, fine or forfeiture for any violation of any of its provisions, then the City Secretary shall additionally publish this ordinance in the official City newspaper one time within ten (10) days after passage of this ordinance, as required by Section 3.13 of the Charter of the City of Southlake. SECTION 10. This ordinance shall be in full force and effect from and after its passage and publication as required by law, and it is so ordained. PASSED AND APPROVED on the 1st reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY PASSED AND APPROVED on the 2nd reading the day of , 2002. MAYOR ATTEST: ACTING CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: Case No. Attachment F ZA02 -025 Page 6 CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: Case No. ZA02 -025 Attachment F Page 7 EXHIBIT "A" Being Tracts IA, 1133, and a portion of 1B 113, situated in the H. Decker Survey, Abstract No. 438, and being approximately 30.8163 acres. Property Description Feb. 18, 2002 30.6485 acres of land situated in the H. Decker Survey, Abstract Number 438, Tarrant County, Texas, and being tracts of land owned by Joe L. Wright, as recorded in Volume 8060, page 27, Tarrant County Deed Records, and also being as recorded in Volume 15338, Page 341, Tarrant County Deed Records, and also being that certain tract of land conveyed to Armada Marketing Corporation as recorded in Volume 7060, Page 1269, Tarrant County Deed Records, said 30.6485 acres of land also being a portion of Tract 1, Brumlow Industrial District, as recorded in Volume 3881127, Page 89, Tarrant County Plat Records, said 30.6485 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 518 inch iron rod found in the northwesterly line of the St. Louis and Southwestern Railroad right -of -way, and being the southwest corner of that certain tract of land conveyed to Continental Oil Company as recorded in Volume 5908, Page 861, and Volume 6502, Page 417, Tarrant County Deed Records, Toro Petroleum Corporation, Volume 5753, Page 415, Tarrant County Deed Records, Charter International Oil Company, Volume 6028, Page 616, Tarrant County Deed Records, and APCO Oil Corporation, Volume 5956, Page 977, Tarrant County Deed Records; THENCE South 54 degrees 27' 30" West, along said northwesterly right -of -way line 680.86 feet to a 1 inch iron rod at the southeast corner of a tract or parcel of land conveyed to BWL, Inc., a Delaware Corporation, as recorded in Volume 6860, Page 467, Tarrant County Deed Records; THENCE North 02 degrees 55'40" West; leaving said northwesterly right -of -way line, and along the east line of said BWL, Inc. Tract 220.85 feet to a 1 inch iron rod in the north line of the aforementioned said, BWL, Inc. Tract from whence a steel post bears North 02 degrees 55'40" West 1.0 feet, and from whence an axle bears South 89 degrees 13' 00" East, 255.29 feet; THENCE North 89 degrees 13' 00" West, 558.93 feet along the north line of said Tract 1 and the north line of said BWL, Inc. Tract to a 1 inch iron rod at the southeast corner of that certain tract of land conveyed to William D. Tate, Trustee, as recorded in Volume 6820, Page 511, Tarrant County Deed Records; THENCE North 00 degrees 17'43" East, 1180.40 feet along the east line of said William D. Tate, Trustee, Tract, and along the general line of a fence to a 518 inch iron rod at the northwest corner of the aforementioned Armada Marketing Corporation Tract; THENCE South 89 degrees 50' 58" East, along the north line of said Armada Marketing Corporation Tract, 1113.09 feet to a 518 inch iron rod at the northeast corner of same and in the west line of the aforementioned Continential Oil Company, et al, Tract; Case No. ZA02 -025 Attachment F Page 8 THENCE South 00 degrees 17'02" East, along said west line, 545.24 feet to the a 5/8 inch plastic capped iron rod stamped "Transystems" in the westerly line of a Tract of land conveyed to Conoco Inc., as recorded in Volume 15338, Page 339, Tarrant County Deed Records, said rod also being the beginning of a non - tangent curve to the right having a radius of 175.00 feet and long -chord bearing. South 18 degrees 29' 14" East, a distance of 115.58 feet; THENCE along said curve in a southwesterly direction through a central angle of 38 degrees 33' 58 ", an arc distance of 117.79 feet to a 518 inch plastic capped iron rod stamped "Transystems "; THENCE South 37 degrees 46' 13" West, a distance of 55.71 feet to a 5/8 inch plastic capped iron rod stamped "Transystems" ; THENCE South 82 degrees 15' 29" West, a distance of 46.86 feet to a 5/8 inch plastic capped iron rod stamped "Transystems" and beginning of a non- tangent curve to the right having a radius of 832.00 feet and long -cord bearing South 57 degrees 57' 02" East, a distance of 115.36 feet; THENCE along said curve in a southeasterly direction, through a central angle of 7 degrees 57' 02 ", and an arc distance of 115.45 feet to a 5/8 inch plastic capped iron rod stamped "Transystems"; THENCE North 06 degrees 27'21" West a distance of 46.62 feet to a 5/8 inch plastic capped iron rod stamped "Transystems "; THENCE North 37 degrees 46' 13" East a distance of 54.80 feet to a 5/8 inch plastic capped iron rod stamped "Transystems" and being on the easterly line of the aforementioned Continential Oil Company, et al, Tract; THENCE South 00 degrees 47'45" East, along said east line 215.00 feet to a 518 inch iron rod found for the northern corner of a tract of land conveyed to Joe L. Wright, as recorded in Volume 15338, Page 0341, Tarrant County Deed Records, said rod also being the beginning of a non- tangent curve to the right having a radius of 768.00 feet and a long -cord bearing south 38 degrees 05' 14" East, a distance of 57.54 feet; THENCE along said curve in a southeasterly direction through a central angle of 03 degrees 50' 46 ", an arc distance of 51.55 feet to a 5/8 inch iron rod; THENCE South 36 degrees 09' 51" East, a distance of 36.74 feet to a 5/8 inch iron rod found in the northwesterly line of the Dartpac Railroad (100' wide right -of -way, a.k.a. St. Louis and Southwestern Railroad); THENCE South 53 degrees 50' 13" West, along said Dartpac Railroad right -of -way, a distance of 64.38 feet to the POINT OF BEGINNING and containing 30.6485 acres of land. Case No. ZA02 -025 Attachment F Page 9