HomeMy WebLinkAboutORD 1987-048 ORDINANCE NO. 8 7-4 8
AN ORDINANCE ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANGE WITH SECTION 48 OF
ORDINANCE N0. 82-73, TI� COMPREIiF�TSIVE
ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE,
'I�X1�S S11ME BEING ALSO I�TOWN AS APPIIVDIX "D"
OF THE CITY CODE, BY GRANrrING A C01�IDITIONAL
""�'" USE PERMIT FOR THE CONSTRUCTION AND
. OPERATION OF A DAY CAFtE CENTER IN A
DISTRICT ZONED "R-MF-2" MULTI-FANIILY
i�r RESIDENTIAL UNDER CITY OF GRAPEVINE ORDI-
NANCE NO. 82-73 ALL IN ACCORDANCE WITH A
SITE PLAN APPROVID PURSUANT TO SE�C'I'ION 47
OF ORDINANCE N0. 82-73 AND AI.1, OTHER
CONDITIONS, RESTRICTIONS AND SAFEGiJARDS
INIPOSID HII2EIN; CORRECTING TF� OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF THE ZONING ORDINANCE; PROVIDING A C�,AUSE
REL�ATING TO SEVERABILITY; DEI�RMINING THAT
Tf� PUBLIC INTERESTS, MORALS AI�ID GE[�ERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; P�VIDING A PEIVALTY
NOT TO EXCE�ID THE SUM OF ONE THOUSAND
DOLI,ARS ($1,000.00) AND A SEPARATE OFFENSE
SHALL BE DEF�'�D COMMITI�D UPON EACH DAY
DURING OR OrT 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
'�A 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
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 conditional use pernu.t
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 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
adequacy of width for traffic reasonably expected to be generated by the
proposed use around the site and in the i�nediate neighborhood; adequacy of
parking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for garking and off-street
locating spaces, and protection of public health by surfacing on all parking
areas to Contxol 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; an
WI�REAS, 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 requisements of Section 48 of Ordinance No. 82-73
have been satisfied by the su�mission of evidence at a public hearing; and
WHF',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
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
amendm�nt, 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 investrnent was made; and
W�RE�S, the City Council of the City of Grapevine, T�as does find that
the conditional use permit lessens the congestion in the streets, helps secure
safety fran 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
Wf�RF,AS, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this conditional use pernu.t 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 pr�te the
general health, safety and w�elfare of this comnunity.
NOW, THEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF TI� CITY OF
� �
GRAPEVINE, '1'EXAS:
Section 1. That the City does hereby issue a conditional use permit in
�,;� accordance with Section 48 of Ordinance No. 82-73, the Canprehensive Zoning
Ordinance of the City of Grapevine, Texas same being also knawn as Appendix
"D" of the City Code, by granting a conditional use permit for the con-
struction and operation of a day care center in a district zoned "R-MF-2"
Multi-Family Residential Zoning District 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, attached hereto and made a part hereof as Exhibit
"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 permi.t.
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
„�,.4,
established have been made in accordance with the canprehensive plan for the
purpose of prcxnoting health, safety, morals and the general w�elfare of e
conmunity. 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 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, se�rage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
nornial business, commercial needs and developnent of the community. They have
been made with reasonable consideration, ampng 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 ciunulative 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.
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 deta.iled statement or plan sukmitted 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.
PASSID AND APPROVED BY 'I�IE CITY COUNCIL OF TI� CITY OF GRAPEVINE, TEXAS
on first reading on this the 18th day of _�,�Gt , 1987.
PASSID AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
'"`�� on seconding reading on this the 15th day of Septe�nber � 1987•
�
APPROVED:
C%��
Mayor
ATTFST:
�
City Secretary
APPROVED AS 'Ib FORM AND LEGALITY:
�
City Attorney
�
EXHIBIT "A" TO
ORDINANCE NO. 87-48
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: - METES AND BOUNDS DESCRIPTION . ' • • .. • � �
� . � � . - . � ..
BEING a 1.165 acre tract of land situated in the E7izabeth Cox Survey,� �� � .
Abstract No. 352 and the� City of Grapevine, Tarrant County, Texas and being • �
part of a cal l ed 47.144 acre tract of 1 and descri bed by deed recorded i n Vol ume
7887, Page 73, Deed Records of Tarrant County, Texas said 1.165 acre tract of
land being more particularly described as follows: �
COMMENCING at a 1/2 inch iron rod found for the northeast corner of said 47.144
acre tract of land and being the point of intersection of the centerline of _
Nall-Johnson Road with the west right-of-way line of State Highway No. 121,
from which a found 1 inch iron rod bears North 00°O1'25" East, 68.0 feet;
THENCE, along the centerline of said Hal]-Johnson Road, South89°42'50" West, -
a distance of 840.00 feet to a P.K. nail set for the POINT OF BEGINNING;
THENCE, departi ng sai d centerl i ne, South 00°17' 10" East, at 40.00 feet set a :
1/2 i nch i ron rod, conti nui ng i n al 1 a total di stance of 2°0.00 feet to a 1/Z
inch iron rod set for corner;
,�- ., THENCE, South 89°42'S0" West, a di stance of 175.C'0 feet to a 1/2 i nch i ron rod
set for corner; .
� �° THENCE, North 00°17' 10" West, at 250.00 feet set 1/2 inch iron rod, continuing
� in al 1 a total di stance of 290.00 feet to a P.K. nai 1 set for corner in the
centerline of said Hall-Johnson Road; �
THENCE, along said centerline North 89°42'50" East, a distance of 175.00 feet
to the POINT OF BEGINNING; .
CONTAINING a computed area of 50,750 square feet or 1.165 acres of land.
;:.
�� .
I, Lyndon M. Hodgi n, a Regi stered Publ i c Surveyor, do hereby certi fy that the
pl at shovrn hereon depi cts the resul ts of an on the ground survey made under my
direction and supervision during the month of Morcn , 1987.
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�' � Date , ................:.. '
Reg- st,ered Public Surveyo�jNo. 4584 i �""' . '�
l� � � !,NGCrv '�t HODGiN �,
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EXHIBIT "B" TO
ORDINANCE NO. 87-48
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