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HomeMy WebLinkAboutORD 1989-014 ORDINANCE NO. 89-14 AN ORDINANCE AMENDING A CONDITIONAL USE PFRMIT ORDINANCE NO. 87-70 FOR A PLANNED COMMERCIAL CENTER 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 AMENDING THE LANDSCAPING PLAN IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE ORDINANCE N0. 82-73 ALL IN ACCORDANCE WITH AN AMENDED 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 6VELFARE DEN`lAND 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 DECLARING AN EMERGENCY WHEREAS, an application was made requesting issuance of an amendment to conditional use permit Ordinance No. 87-07 by making applications for same with the Planning & Zoning Commission of r„, .. 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 �::-,a 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 amended 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 amended 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 amended 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 amended 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, pw..�..:.-_. has determined that there is a necessity and need for this amended 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 amended conditional use permit for the particular piece of property is needed, is called for, and is in the best interest of the public at larc�� , the citizens of the City of Grapevine, Texas, and helps promc�e 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 does hereby issue a conditional use permit amending conditional use permit Ordinance No. 87-70 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 the following conditional use permits which shall all be located on a 13. 514 acre tract of land, whose legal description is contained in the attached Exhibit "A" and which is more particularly described in the approved site plan which is marked Exhibit "B" and is incorporated herein for all purposes, pursuant � to Section 47 of Ordinance No. 82-73 , amending conditional use permit Ordinance No. 87-70 to revise the landscaping requirements, all in a district zoned "HC" Highway Commercial and in accordance with an amended site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "B" , and all other conditions, restrictions, and safeguards imposed herein: None. Section 2. That all provisions of conditional use permit Ordinance No. 87-70 not amended herein shall not be amended and are hereby ratified and reaffirmed herein. Section 3 . The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein amended conditional use permit. Section 4 . 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 5. 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 mak� 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 vieca of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 6 . This ordinance shall be cumulative of all other ordinances of the Ci�y 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 7. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of tiie 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 tr�vt or tracts of land described herein. Section 8. That any person or corporation v�ho shall violate any of the provisions of this ordinance or fail to comply therewith, or with any of the requirements thereof, or who shall build or alter any building or use in violation of any detailed statement or plan submitted and approved hereunder, shall :e quilty of a misdemeanor and shall be liable to a fine of not more than Two Thousand Dollars ($2, 000 . 00) , and each day such violation shall be permitted to exist shall constitute a separate offense. The owner or owners of any building or premises, or part thereof, where anything in violation of this ordinance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assisted in the commission of any such violation, shall be guilty of a separate offense and upon �H,�,, conviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the power to enforce the provisions of this ordinance through civil court action as provided by State law. Section 9 . The fact that the present zoning ordinance 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 21st day of Februar� � 1989• APPROVED: � Mayor pro Tem i w�;� ATTEST: � City Secret ry APPROVED AS TO FORM AND LEGALITY: City Attorney ��� �� � � � EXHIBIT "A" TO ORDINANCE NO. g9-14 B�I�G a tract of lanc-i situatec3 in i:l�e 11. f'OST'FR SUIZVE;�C, 11I3STRJ�CT 518 and the J.B. FAY SURVEY, 11BSTRI�CT 530, Cit�y of GraF�vine, Tarrant County, 1'ex�s, sarne bPing Lot 1-R, Waldrop IIeights ndditions as filed in Volume 388-160, P��ge 78, � PRTCT, and also Leinq portions of. a 14.774 acre tract recorded in Volurr� 5731, Page 744, DRTCT, and a 17.52 acre tract. recorded in Volume 4763, Par,e 869, DItTCT, and beiilg more particularly d�scribed by n�etes and bounds as follaws: �� BE7GICTIING at t�a �r�nSfi wPstPrly corner of I,ot l, Blc�ck 1, U.S. Posr�-�1 S�rvice Addition, as recordc�d ici Volunn 388-166, I'aqe 64, PRZ`CI', said �oint heing iri the east right-of-way of Plilliam D. Tate Avenue; T}iL•'NCE S 54 ° 24' 10" E a distance of 218.93 feet to a �int for corner; Z'IiENCI: S 64 ° 34' 45" E a distance of 246.02 feet to a point for corner; TIII��CE S 00 ° 28' 05" W a distance of 358.(10 feet to a point for corner; TI�NCE S 89 ° 32' 35" E a distance of 265.00 f.eet to a point for corner; - TfIII�TCE S 00 ° 54' 23" W a distance of 100.67 feet to a �int for corner; TI-�ICE N 89 ° 39' S5" E a distance of 55.00 feet to a point for corner; 77�^lCE S 00 ° 28' 05" W a d�st�nce of 10.00 feet to a ��oint for a corner beinq the - beginning of a curve to t�ie left; � TI�:'NCL: along said curve havinq a r�ditis of ?.5Q,2q feet, a c3elta of 19 ° 57' 13" an arc length of 90.28 feet to d POlIlI: fOi a corner; � TIiIIvCE S 19 ° 29' 08" E a distance of 95.7_6 feet to a point for a corner being the being the begiruling of a curve to the rigt�t; ,�,.,:,,�, Tt-iET7CE al�ng said curve havinq a r�dius of 309.24 feet, a delta of 19 ° 57' 13" an arc Iength of 1U7.69 feet to a pc�int for a corner; TIiETvCE S 00 ° 28' OS" W a distacice of 4.96 feet to a point for a corner in tt�e north R.O.W, of S.H. 114; THETTICE N F39 ° 37' OS" ta along said north R.O.W. , a tiistance of 25.00 feet to a point for a corner beinq t1�e beginning of a cun�e to the riqht; Tf�'CE along said curve havin� a radius of 1,879.86 feet, a delta �f 35 ° 23' 48" an arc length of 1,161.36 feet to a point for a corner in tt�e north R.O.W. of S.H. 114; TI�:CL•: N 22 ° 40' 05" W a distance of 8]..40 feet to a �oint for corner; , TFiF.t�CF. N 26 ° 24' 30" E a distance of 190.02 feet to a �oint for corner; T}R.TICE N 35 ° 22' 15" � a di�tance of �81.1 � fPE't along the e�ct riclht-o£-way of . William D. Tate 1lvenue to the POINT OI' E�E�It`N1�I(; �nd conlaininq 13.86E�° acr�s or land, rnore or less. � . , EXHIBIT "B" TO ORDINANCE NO,. 89-14 / �� T C o �g J � — � �- --_-�� � « �� � � ��G=== N . In - 0 � —�1�1 ' J Q: l ��1.�+ � � ` ' � ' io . � �—� . t �� � �. . .. �nM le MMl �� W11 AIw004 =i�J.,l'� � ` 2 6 y � ' � Y , � . f�� � '' � � ��i C�� S. . _,-- q { � O � YL' �Q� � � � � ' I , ;_.__._� .�] ,�i . s u � - e �•r W � •. 4_--_`'--_,.:� t � 3 p . � . e � �'�--_—__� �4 . � � � � ' � a , �' � � � � ��:� _��. ; � '� � �' i / q V Y O� I.' � Z I � � Y � �' 3 ' . !I . �A !�� �� � ;� , f :. � , < » I �g '� , . i . i .I e� e � P .. 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