HomeMy WebLinkAboutORD 1987-069 ORDINANCE NO. 87-69
AN ORDINANCE ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
ORDINANCE NO. 82-73, Tf� CONIPREI-�TSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
TEXAS SAME BEING ALSO I�10WN AS APPE�IDIX "D"
OF THE CITY CODE, BY C�.2ANTING A CONDITIONAL
USE PERMIT FOR A RETAIL/WHOLESALE ST�L
FACILITY IN A DISTRICT ZONID "CC" CONIMUNITY
C�RCIAL UNDIIt CITY OF GRAPEVINE ORDI-
NANCE NO. 82-73 ALL IN ACCORDANCE WITH A
� SITE PLAN APPROVID PURSUANT TO SECTION 47
OF ORDINANGE N0. 82-73 AND ALL OTI�R
CONDITIONS, RESTRICTIONS AND SAFEGUARDS
INIPOSID HEREIN; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHII2 PORTIONS
OF 'I�iE ZONING ORDINANCE; PROVIDING A CLAUSE
REL�ATING TO SEVERABILITY; DETERMINING THAT
THE PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND TF� ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENAI,TY
NOT 'I�0 EXCEID THE SUM OF ONE THOUSAND
DOLI,ARS ($1,000.00) AND A SEPARATE OFFENSE
SHALs, BE DEE��IED CONINIITTID UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS
Wf�REAS, 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 cane
' before the City Council of the City of Grapevine, Texas, after all legal
notices requirements, conditions and prerequisites having been canplied with;
�,..., and
WfiERF,AS, 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 fran 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 imnediate 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 pranotion 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
`�" inh3EREAS, the City Council of the City of Grapevine, Te�as, 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 fran same, the effect on the promotion of
health and the general welfare, effect on adequate light and air, the effect
on the overcroweling 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 requir�nents of Section 48 of Ordinance No. 82-73
have been satisfied by the st�nission of evidence at a public hearing; and
�
WI�REnS, 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
WI�RF,AS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the granting of this conditional use peYmi.t,
that the public demands it, that the public interest clearly requires the
amenciment, 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 t�me their original investment was made; and
�p� WHEREA.S, 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, facilita.tes the adequate provisions
of transportation, water, sewerage, schools, garks and other public
requirements; and
tnIHERF�.S, 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, and is in the best interest of the public
at large, the citizens of the City of Grapevine, Texas, and helps promote the
qeneral health, safety and welfare of this community.
NOW, THEREF'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE� TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73, the C�►prehensive Zoning
Ordinance of the City of Grapevine, Texas same being also }�own as Appendix
"D" of the City Code, by granting a conditional use permit for a retail/
;,�,;,� wholesale steel facility in a district zoned "CC" Community Comnercial under
City of Grapevine Ordinance No. 82-73 within the property described in
Exhibit "A", attached hereto and made a part hereof, 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 �hibit "B", and all other conditions,
restrictions, and safeguards imposed herein: None.
Section 2. 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 ordi.nance 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 ccxnprehensive plan for the
purpose of pramoting health, safety, morals and the general welfare of the
Comrtunity. 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 frcan 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, conanercial needs and develognent of the conurnuzity. 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 cLunulative 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 tsacts 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 or corporation who shall violate any of the
provisions of this ordinance or fail to camply 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 sukx�iitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not m�re
than One Thousand Dollars ($1,000.00) , and each day such violation shall be
;�s�, permitted to exist sha.11 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 ca�ni.ssion of any such violation, shall be
guilty of a separate offense and upon 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.
PASSID AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
on first reading on this the 20� day of p�t�r , 1987.
PASSID AND APPROVED BY THE CITY COUNCIL OF 'I�3E CITY OF GRAPEVINE, TEXAS
on second reading on this the 3rd day of November . 1987•
APPROVED:
�.,:.�
Mayor
A'ITEST:
City cretary
APPROVED AS TO FORM AND LEC�LITY:
i
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 87-69
,. ..V,.. ^
TRACT OF L,1��10
,� a I�� THE
tJILLIAP1 DOOLEY SURVEY, /1-422
� � T,'1RR/1P�T COUNTY, TEX/IS
Being a tract of'land in the William Dooley Survey being a part of �he �
W. 0. Deacon tract ae recorded in Volume 1510, Page 501� being a parc -
of L.a[ 5, Block 22. City of GrapBvine� Tarrunc Councy,� Texas, described �
ae followe:
aEGINNING at a 3/4 inch pipe [he Southeaet corner�of a tract of Iand deeded
to R. L. Lucae ae recorded in Volume 846, PAge 241� Tarranc Counry Deed
Recorda, eame being in che E�et line of the W. D. L�eacon a-act as recorded
in Volume 1510, Page SO1, Tarran't County Deed Records; � �� .
• ' : THENCE with the East line of eaid Deacon tract South 0° - 17' East 218, 6
feet to an iron in the Norch right-of-way line of the S� Louis and Sou�hwestern
Railroad 150 feet from the cenLer line;
THENCE with said right-of-way line South 80� - 23' West 98. 4 feec co an
iron for the North line of Hudgine Screet;
°� '� THENCE with the North line of Hudgine Street North 89° - 32' West 119. 6
� feet to a 3 inch pipe corner poet of fence;
THENCE North 0° - 32' West 222 feet to an iron, the Southwest corner of
� ' �' a tract of land deeded to Estill Yatea ae recorded in Volume 5788� Page 2I0�
. Tarrant Cow1�y Deed Recorde; _
� .- • �
THENCE with the South line of Yatea tract South 89° - 4b' East 120. 2
feet to the Southeaet edge of a 3 inch pipe corner post for the Soucheast
corner of eaid Yaces Tract;
THENCE North 0° - 27' West�12. 5 feet co the Northeas� edge of a 3 inch
pipe post being the Southwest corner of a tracc of land deeded co E�hel
Maxwell ae recorded in Volume 2228� Page 202. T°arrant Counry Deed
Recorde; � -- ��
. THENCE Eaet 97. 5 feec to che I'lace of E3eginning concaining 1. 118 acres
o# land. �
�,,,�. . .
;�� �
EXHIBIT "B" TO
ORDINANCE N0. 87-69
r��
�:� ^ �a ,.1
���w��� :: SVX31. `3NIA3ddaJ �
I � � i.
7NI�StllfTl35 , '133!!1S �SNIJdfIH 1SV3 L5£J .._ . - ,C��>� ��� � ��!,I
� N3003a5�W 1�" � . __ . _ . . . .. . � I
i moedea �Hdanw •a laaeoa � t";.'
o�'�'� o ' �n N �i �Ft�
. [S �tt e � i,: q� i "� I '�83& � �... � � � J�� p�,
•a_ �3
. 1' d� � s = �i. " ��
;:� 13: `� f .: ::.1 xs� d I ��' ->oc,.- �` . . �U . � .� �y�o � ���r ` � �
�'°'' i�, �i: '7 ":: ,i; i; = o� � yf r I . �' � � � w � ���.Y.� �
. iA: .�e� e� � F4 .. c��: � oW .i �ff'�" 'Z� � m � 4 E ito- � �T eft{e{
��� i.: i.�]� � : '�i `:� Z - .- t � ��.� /� Q � � � i n'�Z� � � � IJii
j;S . r . i. :a .., / �h �a ih��n �'Y �.rL .
F i E_`� ' �a .. q d�; .c !'`.: s O 'r� g:�,'{ e��s,�,o � cZ `� c'�`�d�sa�%�� ..
C = a�"s 6:•� ; � E ,@ .1� ;;i S �-' + i R ;`+� ; ��co�W�ri�t ��, �'z ��
`` � " � :: �: _:. a a t v R�r„ �, n � a �sow;�.
�,*.,r�`'�7 �{d .�da3� .�ij �y ve f! .% ��! � J 4� al��l� Gr�T�3 - I •: fit������ v���.cZ� 72x
. � � �'! a.:; -�� :. _" ::. -`: -.:.: � �.. 7tg ,", ` -NN N � 6 ��_{�ua�; a(Zr�c;Y�'��z
W i� �7� ia�S 'i� :E iA �Si :: +�e 3 00' �o "'Q'� O n� � � W =3 L` ��� �q x��g��p1�j3 ..
I - �i• �: 3s . ..5 .�:. � �t-> >d -�y F- Imq �i ,`
p ; . . _. ,� :... . .Q� a�_ u tn H .1's`n A '�1�.�� "dSr�
�� ;� ly��. �Ic f_.s g i::- -c:- :.�� 9 F. h � oo �� �d�`o �� i,� � ..
�...I) I;d ?:I° l.�.i? �� ' � �f3 �_S :' . .I ws.�c�-�N `��' g�m �� � W w�RNYI�y Q . �v_RN � i-��
a e�"_ q�t= fE'y :; ;1 iY� 'a'- li; � �Q� s��d'o�az���T,a_����vg �c' d °��g�ga�� ��H � h�+s•-L� '
� - , $'d� � �5 �u3 iii � �� .� ��- � � p � g. . � , �
;J ' fiii �:�� ��i �s €` �=� �`�-. �65� �� Q� sil��i��l,i�i ,i�.����., � �il"�����;�i`OC�`�'.�. X.i��. ..� �� �� � ��
. ' ���------ - � .
�;;___
I i— _..___ - .
i\. �
(: ;;
. . '�:i'� � . . . ,
. .� ;C;' �
a �. _ � .
. ii:;:'.f M � �
6 �:
; r 1^- 1 ^
� y = Ifj�.';,� uJ , .
�.
j ..�.. ;9 sac unav � � N ' � �. •
� ' . . �.�r�':� � __. ' . � .
, . �.. . � —_^---_ � ' .
� '- . . o � — . . . . .
.. 3
Fy, x •
i -
N�v
� ���.� . '�f�f � ' . .. , . . '. .. .
x o
a — ; AM
� /
♦� _ • �
y• �� i
� �
6
�*��-:t:.� . i . . . .
N
3 �u.e,�o-A
��
. . �� �r �-� ,"�>o,�. N
__..
,.,;,�; , 0'1'0l2 �3 C/.o S . _�y� ,
�f -.J� LL�
sareci c.ww�r+n+��� --i_ . a .
� � . � � j�4 j 1 4J�
.. • •�Y_ ' 1M1 �T_ _�, i .C�i .:1� � . .
. .. �� - �� � -OL � �� .-ilf8 Z � t V Z , �
� � J �/'1 RJSN-�G�'Jl+f�`�� ��3 O �
�
N� I � . _�:- I,�,1: N '1�: � 1, 1 � , .3 = .�
C �/�
p� . 1 � T � � V J
'� �� �� ia �,. .� a��� �1� � %
� �;� �g I � ,f i�+� i � , �. > >
1 �..��8�� -�
.. r I I I� I Y �`�' _ i1.��i ��{ b�.����4? �.`�.i�l ,�';} 4 Q
. �Cb �_ ��• aq � , .I '1; ii I .. _ .
: � --1�� :� �� I . i ' q� u� � � � ,r." � n- t
. v��n�e,iwn �o J�. � � �.�i��ll .:�� il��.� ! ' � E
. �
... . "4MAvws.�e�
,. , ' , �
.
� . sv.,.ti,ez, . �»: ,
. � . . . :.. ..:..
_..:
. . _ 'o ;\\ ' • �� 8�' I O v . .
' �
� � � i� �\\� x� ��P� Z. �3
-i - Y� :��, ,, � . �- ��� � .
6� \��� . 'h"o „K3 ,� � Q �_ �� �=2'
� J € �
�y " \ �~ � �II� t� � � sw= Y-/�
. 1 � �\ ,l � � 6 �
�� �, > '3 �: ��' ��
�r � � �— � �3� �
. . _,.:
� Cl.� Q= � �
; I , � " � W v� _�, _�_
, • Z �• t ��: s t 3 . (� �}.' �`�. � l° .
a�,Ma �j ( _y �- __ :-� � � Z =Z, v 3= � .
��s- .evwo�9 -y,,,�'iooa'r.«'���ieu. . 4� �:..x..l�; :{. • ' ��.� O � ��. ��-� . . -.
. �r�i+fl r.vn m.�rs tc.,a� 3.� i � U 'g n v� .�. .. � .
` � '
r �'�t'�_�.�'���?o•zia=-n.ac,oN^' � � � ,
��. \�? .. , � _ � �.
i�.:. . ��u. , i§ � , .v.w�.� ,
'� '� ��� �� � ,
���:�..i.� . . V�� . 1
��`''• �i� z� �F