HomeMy WebLinkAboutORD 1997-097 ORDINANCE NO. 97-97
�
� AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN
ACCORDANCE WITH SECTION 49 OF ORDtNANCE
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 SPECIAL USE
PERMIT SU97-09 TO AMEND THE APPROVED SITE PLAN
OF ORDINANCE NO. 97-30 TO ALLOW INSTALLATION OF
TELECOMMUNICATIONS EQUIPMENT ON THE BUILDING
ROOFTOP OF BAYLOR MEDICAL CENTER IN A DISTRICT
ZONED "PCD" PLANNED COMMERCE DEVELOPMENT
DISTRICT WITH A SPECIAL USE PERMIT FOR AN
ANTENNA ARRAY UNDER CITY OF GRAPEVINE
� ORDINANCE N0. 82-73 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 SPECIAL USE PERMIT; PROVIDING A PENALTY NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
(52,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, an application was made requesting issuance of a special 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
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� 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 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 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 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 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 49 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, 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 special 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
special 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
ORD. N0. 97-97 2
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 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 special use permit in accordance
with Section 49 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 Special Use Permit SU97-09 to amend the approved site plan of
Ordinance No. 97-30, to allow installation of telecommunications equipment (Paging
�_� Network of Dallas/Fort Worth) on the building rooftop of Baylor Medical Center in a
district zoned "PCD" Planned Commerce Development District with a special use
permit for an antenna array under City of Grapevine Ordinance No. 82 -73 within the
following described property: Lot 2, Block A, Grapevine Medical Center Addition
(1650 West College Street), all in accordance with a site plan approved pursuant to
Section 49 of Ordinance No. 82-73, attached hereto and made a part hereof as
Exhibit "A", and all other conditions, restrictions, and safeguards imposed herein,
including, but not limited to, the following: None.
Section 3. 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 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
ORD. N0. 97-97 3
�� secure safety 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 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 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 (52,000.00) and a separate offense shall
be deemed committed upon each day during or on which a violation occurs or
continues.
Section 9. The fact that the present ordinances 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 immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall
become effective from and after the date of its passage, and it is accordingly so
ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE on this the 2nd day of September , 1997.
APPROVED:
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�
�. —
William D. Tate
Mayor
ORD. NO. 9�-9� 4
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ATTEST:
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Linda uff
. City Secretary
APPROVED AS TO FORM:
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,_ .. ..�' •% _. � ,t� �., ,
John F. Boyle, Jr. t
City Attorney
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ORD. NO. 97-97 5
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