HomeMy WebLinkAboutORD 1996-068 ' ORDINANCE NO. 96-68
�
AN ORDINANCE ISSUING 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 BEING ALSO
KNOWN AS APPENDiX "D" OF THE CITY CODE, BY: (1)
GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF
SECTION 47E.2 PURSUANT TO SECTION 47F OF
ORDINANCE NO. 82-73; (2) GRANTING CONDITIONAL
USE PERMIT CU96-18 TO ALLOW A STUDIO NOT
EXCEEDING TWENTY PERCENT (20%) OF THE TOTAL
FLOOR AREA FOR THE CREATION OF CRAFTS AND
HERITAGE ARTS IN CONJUNCTION WITH A RETAIL
GLASS GALLERY IN A DISTRICT ZONED "CBD" CENTRAL
BUSINESS DISTRICT, ALL IN ACCORDANCE WITH A 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 WELFARE DEMAND 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 PROVIDING AN
EFFECTIVE DATE
WHEREAS, 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 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 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 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 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
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
��4�
WHEREAS, 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
ORD. N0. 96-68 2
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, an
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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1 . That pursuant to Section 47F of Ordinance No. 82-73, as amended,
the City Council hereby grants a waiver to the specific requirements of Section 47E.2
of Ordinance No. 82-73, as amended.
Section 2. 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 being also known as Appendix "D"
of the City Code, by granting Conditional Use Permit No. CU96-18 to allow a studio
not exceeding twenty percent (20%) of the total floor area for the creation of crafts
and heritage arts in conjunction with a retail glass gallery in a district zoned "CBD"
Central Business District within the following described property: Lot 9R, Block 2,
Original Town of Grapevine (334 South Barton Street), more fully and completely
""�' 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 Exhibit "B", and all other conditions, restrictions,
and safeguards imposed herein, including, but not limited to, the following: that the
Historic Preservation Commission shall approve all exterior elements.
Section 3. 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 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 safely 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
ORD. NO. 96-68 3
,�„��
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 6. 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
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 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 8. 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 ($2,000.00) and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. This ordinance shall become effective from and after the date of its
'��' final passage.
��
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE on first reading on this the 20th day of August , 1996.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on second and final reading on this the i�th day of
September , 1996.
APPROVED:
�
William D. Tate
Mayor
�::a�.
�
ORD. NO. 96-68 4
�, n�,
ATTEST:
�.: -
Lin Huff
City Secretary
APPROVED AS TO FORM:
�� ,����!�O�--r
,
John F. Boyle, Jr.
City Attorney
����
��
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ORD. NO. 96-68 5
�����►r �— ro �� y�-6�' C C� C� a� C�
?��e � of r D
JUL - I 1996 �
�:u _�
� GL �=�8
�
� FIELO NOTES �
FOR PROPOSED LOT 9R , BIOCK 2 , OF THE ORIGINAL TOWN OF GRAPEVINE ,
TARRANT COUNTY , TEXAS , ANO BEING A PORTION OF LOT 4 , AND LOT 9 ,
OF SLOCK 2 , OF SAID ORIGINAL TOWN OF GRAPEVINE AS SHOWN ON A PLAT
OF RECORD IN VOLUME ` 309 , PAGE 71 , PLAT RECOROS , TARRANT COUNTY ,
TEXAS . AS DESCRIBED IN A DEED TO ER�IC�� . HANSEN AND WIFE BETTY _ .
HANSEN BY METES AND BOUNDS AS FOLLOWS :
QEGIN-NING at a 1 " iron found at the Southwest corner of the above refer-
enced tract ; same being the Northwest corner of a tract described in a deed
to Gregory Investments of record in Volume 9816 , Page 2160 , Deed Records ,
Tarran_t County , Texas , said point being in the East line of a tract
described in a deed to PRP Food Service , Inc . vfrrecord in Volume 11998 ,
Page 1181 , Deed Records , Tarrant County , Texas ;
THENCE North ( base bearing record ) 26 . 53 feet� along the East line of
the las�t re�ferenced trac� to � a 5/8" � i-ron found at the Northeast corner of
same in the South line of L'ot 2 , Block 2 , same being the North line of
L�ot 4 , Block 2 , of said addition ;
� THEfVCE N . 89� - 36 ' - 43 " E . 9 . 40 feet to a 5/8 " iron found at the
Southeast corner of said Lot 2 , same being the Southeast corner of the
tract described in a deed to DFW Church of Christ of record in Volume 8336 ,
� Page 1292 , Deed Records , Tarrant County , Texas ;
TH�NCE N . Oo _, pg � - 30 " E . 90 . 41 feet along the East line of the last
referenced tract and the East line of said Lot 2 to a � iron set at the
So�.�thwest corner of that portion of the tract described in a deed of record
in Volume Pagc , above referenced , d.escribed in a deed to the
;rapevine Independent School District of record in Volume 1927 , Page 587 ,
O�ed Records , Tarrant County , Texas. ;
T��NCE S . 890 _ 5p ' - 19 �� E . 61 . 18 feet alSoutheast�cornernof� sameein
last referenced tract to a � iron set at the
the West line of Barton Street ;
?'NENCE S . 0� - 09 ' - 41 " W . 117 . 50 feet along said West line of Barton
Street to a 1 " iron found Pa eame ataboves�eferencedorner of the tract
riescribed � n Volume � 9
j;icNCE N . g90 _ 27 � - 20" W . 70 . 50 feet along the South lineof the last
r�ferenced tract same being the North line of the tract described in Volume
��16 , Page 2160 , above referenced , to the POINT OF BEGINNINC and containing
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