HomeMy WebLinkAboutORD 1986-072 ORDINANCE NO. 8 6-7 2
AN ORDINANCE ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SEC!'ION 48 OF
ORDINANCE NO. 82-73, THE COMPREHII�TSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
'I'EXAS SANIE BEING ALSO KNOWN AS APPEL�IIDIX "D"
OF THE CITY CODE, BY GRANTING A CONDITIONAT,
!��'� USE PERMIT FOR AU'I'OMOBILE SALES AND SERVICE
IN A DISTRICT ZONID "CC" COMMIJNITY COM-
MERCIAL UNDER CITY OF GRAPEVINE ORDINANCE
,�,,,,� NO. 82-73 ALL IN ACCORDANCE WITH A SITE
PLAN APPRWID PURSUANT TO SECI'ION 47 OF
ORDINANCE N0. 82-73 AND ALL OTHER
CONDITIONS, RESTRICTIONS AND SAFEGUARDS
INIPOSID HEREIN; CORRECTING THE OFFICTAT,
ZONING MAP; PRESERVING ALL 0'I'�IER PORTIONS
OF THE ZONING ORDINANCE; PROVIDING A C:LAUSE
RELATING TO SEVERABILITY; DEPERMINING THAT
THE PUBLIC INTERESTS, MORALS AND GENERAI.�
WELFARE DEMAND 'PE� ISSUANCE OF '1'IIIS
CONDITIONAL USE PERMIT; PROVIDING A PII�IALTY
NOT TO EXCEID THE SUM OF ONE THOUSAND
DOLI�ARS ($1,000.00) AND A SEPARATE OFFENSE
SHALL BE DEII"1ED COMNLITl'ID UPON -EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS; AND
DDCI�IRING AN II�RGENCY
Wf�REA.S, 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,
"� f� 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
Wf�REAS, 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 inm�ediately surrounding the site;
safety frcgn fire hazards and measures for fire control; protection of adjacent
property fran 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
aderuacy 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 prorriotion 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
Wf�S, 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 fran same, the effect on the pranotion 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
Wi�REAS, all of the requirements of Section 48 of Ordinance No. 82-73
have been satisfied by the sul�nission of evidence at a public hearing; and
in1��REAS, 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
ln�S, 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 i�vestment was made; and
WI�RF�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 fran fire, panic and other dangers, prevents the overcro�x3ing of land,
avoids undue concentration of population, facilitates the adequa.te provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and
WI�REAS, 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 determi.ned 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
general health, safety and woelfare of this community.
NOW, THEREFORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF 'I'I� CITY OF
GRAPEVINE, TEXAS:
�.,�
Section l. 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 beinq also known as Appendix
"D" of the City Code, by granting a conditional use permit for autanobile
sales and service in a district zoned "CC" Community Comnercial under City of
Grapevine Ordinance No. 82-73 within the property described in F�hibit "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, also attached hereto
and made a part hereof as E�hibit "B", and all other conditions, restrictions,
and safeguards irnposed herein: It shall be unlawful for anyone on the
premises to use or utilize any loud speaker or telephone or electronic device
that results in emination of any sounds, noises, or voices outside of the
pezmitted structures. This prohibition specifically excludes the use of any
outdoor paging or telephone ringing devices.
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 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 safety frcm 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, sewoerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, commercial needs and developnent of the co�nunity. 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 co�nunity.
Section 5. This ordinance shall be c�unulative 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.
,,�„y� Section 7. That any person or corporation who 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 su�mitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than One Thousand Dollars ($1,000.00) , 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 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 8. 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 i�r�ediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fran and after the
"��� date of its final passage, and it is accordingly so ordained.
�
PASSID AND APPRO�TID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
on this the 18th day of November, 1986.
APPROVED:
�
Mayor
ATI'FST:
City Secretary
�
APPROVID AS TO FORM AND LEGALITY:
worw
City Attorney
EXHIBIT "A" , PAGE 1 OF 2
TO ORDINANCE NO. 86—�2
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�M.�
10-2-06
-- , �g� � „ � �,
r_ ;� E,
PORTIO�d OF LOT A, BLOC�C 1
BELLAIRE 11DDITION
SECTION .4
GRAPEVI�IE, T�1RP.ANT COUNTY, TEXAS
The following described tract or parcel of land being a portion
- of Lot A, Block 1 , BEL�AIRE ADDITIOPI, Section A, to the City j
of 6rapevine, Tarrant County, Texas accordin9 to plzt recorded �
on Page 84 of Volume 388-X in the Tarrant County Plat Records
and being more particularly described as follows:
DEGIt:PJING at an iron rod at the Plortheast corner of said Lot A
and being the intersection oT the 4lest line of Bellaire Drive
with the South line of Dallas Road;
THE�ICE S 0' 17' 05" E along the 4Jest line of said Be.11aire
Drive a distance of 22�.2 feet to an iron rod at the most easterly
�.� �outneast corner or said Lot A and being the fJortheast corner or
Lot 10, Block l , EELLAIRE �DDITION, Section A, to the City of
Grapevine, Tarrant County, Texas according te plat recorded on
?age 6� of Volume 338-R in the Tarrant County Plat Records;
THENCE S o7° 53' l! along the South line of said Lot � a distance
or 239.1 feet to an iron rod at the Ptortnwest corner of Lot 8,
said Block 1 , said 3ELLAIR[ P.DOITIOf{;
iNEi�CE S 60° 16' ll along the South line of said Lot A a distance
of Z95.7 feet to an iron rod;
THENCE S 33° 11 ' 10" 41 along the South line of said Lot A
a distance of 52.78 feet to an iron rod;
THEHCE �! 0° 19' 30" E a distance of 180.8 feet to an iron rod;
7fIEi�C� PI 89° 40' 30" �a a distance of 177.48 feet to an iron rod
and being in the East line of F.M. f�ighway No. 157; .
Tf;EiJCE P� 6° 13' E along the East line of said F.i1. Highviay Wo. 157
a distance of 28.8 feet to an iron rod;
THEtdCE ri 25° 55' E along the East line of said F.M. Highway P�o. 157
a distance of 38.9 feet to an iron rod;
TNEPICE �I 44° 47' E along the East line of said F.ht. �iighway No. 1�7
a distance of 26.5 feet to an iron ord;
�� :
THENCE N 60° 03' E a distance of 2?.7 feet to an iron rod and
being in the Soutn line of State hlighway No. 26;
„� Tf;EPICE N 7°° 15' E alon, the South line of sai�1 Srate High�•,ay
�lo. 25 a distance oT 23.5 feet to an iron rod;
THEf�C� ^! 85� 52' E along the Scuth line of said State Highr,ay
tto. 25 a distance or 33.0 `eet to an iron rod;
�HEiICE �� 21° 23' E along the South line o` said State Hichway
r;o. 2E a distance of �19.� feet to ��, ,ron rod;
'!!E�IC� id ?7° 11 ' E along t!�e South line of said State Hi9hY�ay
,�. "_5 a dis��nce oT 59.8 Teet to z� iron rod;
-1-
EXHIBIT "A" , PAGE 2 OF 2
TO ORDINANCE NO. 86-72
�_-�
��
;i;�P�C� �� 72° J5 ' E al ong the South 1 i ne of sa i d State Ni gh�r�dy
'�o. :6 a dist�nce of 68.8 feet to an iron rod;
:Hr�10E i�l 67° 30' E al ong the South l i ne of sai d State Hi gh��ay
?�o. 26 a distance o� 5�.1 �eet to an iron rod;
-;;�';CC N E4° 05 ' E along the South line of said State NighS��ay
�;o . 2o a distance or 41 .9 �eet to an iron rod;
�;;' f! 59° C9' E along the South line or said State iiighway
'Io . %5 a dis�ance of 94.' �eet to an iron rod at the intersection
or the South 1 i ne ot sai d S�ste ,{i ghwa�� ��lo . 26 s�li th the South 1 i ne
or said Dallas Road ;
�,—;;��;C� y �5° 04' 45" E along the South line of said Dallas
�-�:a a dis�anc2 of 233.43 Teat to place or beginning, containing 3 . 146
'E acres or 137 ,053 squ�re feer or land.
�.,.�
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C
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EXHIBIT "B" TO
ORDINANCE NO. 86-72
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