HomeMy WebLinkAboutORD 1988-039 ORDINANCE NO. 8 8-3 9 '
AN ORDINANCE ISSUING A SPECIAL USE PERMIT
IN ACCORDANCE WITH SECTION 49 OF ORDINANCE
N0. 82-73, THE COMPREHII�TSIVE ZONING
ORDINANCE OF T!� CITY OF GFt�PEVINE, TEXAS
SAME BEING ALSO KNOWN AS APPII�tDIX "D" OF
THE CITY CODE, BY GRANTING A SPECIAL USE
� PERMIT FOR A HHF�L„ISTOP FOR HOSPITAL USE IN A
�. DISTRICT ZONID "PCD" PI.,�NNID CONIlKERCIAL
; n. DEVEIAPMENT UNDER CITY OF GRAPEVINE
� ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH
A SITE PLAN APPROVID PURSUANT TO SECTION 47
OF ORDINANCE N0. 82-73 AND ALL OTHER
� CONDITIONS, RESTRICTIONS AND SAFEGUARDS
IN�OSID HEREIN; CORRECTING 'I'HE OFFICIAL
ZONING MAP; PRESERVING ALL OZ�R PORTIONS
OF THE ZONING ORDIIQANCE; PROVIDING A CZAUSE
RII�ATING TO SEVERABILITY; DE'I'ERMINING THAT
TI� PUBLIC IN'I`ERESTS, MORALS AND C�TIF�RAL
WELFARE DEMI�ND THE ISSUANCE OF THIS SPECIAL
USE PERMIT; PROVIDING A PIIV�LTY OF FINE NOT
TO EXCEID THE SUM OF 'I'WO THOUSAND DOT,T,A,RS
($2,000.00) FOR EACH OFF'ENSE AND A SEPARATE
OFFII�ISE SHAI�, BE DEENIED COMMITTID UPON EACH
DAY DURING OR �T WHICH A VIOLATION OCCURS;
DECLARING AN II�RGEDICY AND PROVIDING AN
' EFFECTIVE DATE
Tnif�REAS, an application was made requesting issuance of a special use
permit by making applications for same with the Planning & Zoning Co�nission
of the City of Grapevine, T�as, as required by State statutes and the zoning
ordinance of the City of Grapevine, Texas, and all the legal requireme.nts,
- conditions and prerequisites having been complied with, the case having come
before the City Council of the City of Grapevine, T�as, after all legal
notices requirements, conditions and prerequisites having been complied with;
and
WHERF,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 special 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 iire 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
�" " Wf�REAS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council of the C�ty of Grapevine, Texas, did
'; consider the following factors in making a determination as to whether this
� requested special 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 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
W�EAS, all of the requirements of Section 49 of Ordinance No. 82-73
have been satisfied by the su�anission of evidence at a public hearing; and
�
WfIEREAS, 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
WF�RF,AS, the City Council of the City of Grapevine, Texas, does find that
' there is a public necessity for the granting of this special use peYmit, that
' the public demands it, that the public interest clearly requires the
� amendment, that the special use permit does 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, Te�as does find that
' the special use permit lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers, prevents the overcrowcling 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, has determined
, that there is a necessity and need for this special 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 special 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 welfare of this coiranunity.
NOW, TI�EREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF � CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City does hereby issue a special use permit in
accordance with Section 49 of Ordinance No. 82-73, the Comprehensive Zonina
Ordinance of the City of Grapevine, Texas same being also known as Appendix
�- "D" of the City Code, by granting a special use permit for a helistop for
hospital use in a district zoned "PCD" Planned Conanercial Develo�anent under
City of Grapevine Ordinance No. 82-73 within the following described property:
1650 West College Street (Lot 1, Block A of the Grapevine Medical Center
Addition) , 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 �ibit "A",
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 special use
permit.
Section 3. That in all other respects the use of the tract or tracts of
land herein above described shall �e 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
ca�nunity. They have been designed with respect to both present conditions
i = and the conditions reasonably anticigated to exist in the foreseeable future;
i to lessen congestion in the streets; to secure safety fran 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 sur ace water,
parks and other public requirements, and to make adequate provisions for the
inorntial business, commercial needs and develoFanent 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 view of conserving the value of buildings and encouraging the most
appropriate use of land throughout the co�rnulity.
Section 5. 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 ordi.nances 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.
Section 7. That any person or corporation who shall violate any of the
provisions of this ordinance or fail to ccxnply 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 suYmitted and approv�d hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than � Thousand Dollars ($2,000.00) , for each offense and each day such
' violation shall continue to exist shall constitute a separate offense. The
�� owner or awners of any l�uilding 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 cc�rmission 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
paw�r to enforce the provisions of this ordinance through civil court action
as provided by State law.
Section 8. The fact that the present zoning ordi.nance and regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
safety, m�rals, peace and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the imnediate 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 APPROVD� BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
on this the 17th day of May , 1988.
; ,
APPROVED:
�;..„
� � --�,
Mayor
ATI'F'.ST:
�
Ci y Secretary
APPRC�VID AS 'I�0 FORM AND LEGALITY:
' ��
'
City Attorney
i
�;,;�
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EXHIBIT "A" TO
ORDINANCE NO. 88-39
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