HomeMy WebLinkAboutORD 1997-015 ��°� ORDINANCE NO. 9�-�5
"� AN ORDINANCE ISSUING 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: (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 SU97-01 TO ALLOW A COMMUNICATION
ANTENNA TO BE MOUNTED ON A 35-FOOT METAL POLE
WITH ACCESSORY EQUIPMENT CABINETS IN A DISTRICT
ZONED "LI" LIGHT INDUSTRIAL DISTRICT UNDER CITY OF
GRAPEVINE ORDINANCE NO. 82-73, ALL IN ACCORDANCE
WITH A SITE PLAN APPROVED PURSUANT TO SECTION
47 OF ORDINANCE N0. 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
ir„n 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 ($2,000.00) 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
�,,,, 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
i�,.,, 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
r
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
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
ORD. NO. 97-�5 2
�* 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 v�rith
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 SU97-01 (Southwestern Bell Mobile) to allow a communication
antenna to be mounted on a 35-foot metal pole with accessory equipment cabinets in a
district zoned "LI" Light Industrial District, under City of Grapevine Ordinance No. 82-73
within the following described property: Lot 1, Block 1, Randolph Addition (1702 Minters
Chapel Road), 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 49 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: Building permit will not be issued until the non-conforming billboards are
removed.
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 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
ORD. NO. 97-15 3
� 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 ($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. 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 18th day of February , 1997.
APPROVED:
,
William D. Tate
Mayor
��-
�Irrdr
ORD. NO. 97-�5 4
�► ATTEST:
i�. -
Lin Huff
City Secretary
APPROVED AS TO FORM:
� .
John F. Boyle, Jr.
City Attorney
�w
�
�
�
ORD. NO. 97-15 5
� EXMIBIT� Tp/ Q��9�
Page ...,._..__ Of _.L_...,
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, c� L-�."l � �' �� � � _ . � _ .
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OWNER'S CERTIFlGTE
STATE�OF'TEX�S : .
.�..• ,
COUt�f1Y OF T/�RRANT:: .
WHER�AS; Jtm.'Rond6lph;'i�. ths owner of a 0.0102 acro traet of land in tbe.Wllltcm ' � •.�
Bredford ,5urvey. llbttrcct. No:• 131. e(tuoted in the City'oi �rapev{ne, Tarrar�t County. , ..
Tbxa�::and bsing tho4 trnct describad in Volum� 12313. Paq� 371 fo th� Ossd " .
roCOrds aii"7artont County. Texas and betny moro parttculary deaC�iDed os,follows: '
� BE1N0. o troet ot lond out of and o port(on of the SNtllicm 8radford Survey Abstroct No. 131, Tarront•
County..Texas, tamp, beinq out ot onC a portion of that certatn tract of land conveyed to J. H. Randoiph •
� Fami Umited.PartnersAlp by Special Wormnty Deed dateE Ssptember d, 1996; and reeorded in Volume
1251�, P.aqe 571, Oeed. Records. Tarrant County. Texas. and beinq. moro pactJeu�ary desc�tbeC by. metea and
bounds as followe: •.. � -
�" COIAAiENC1NC.FOR REFERENCE at the southeost comer of soid J.: N. Randolph Family tJmited '
Partnerohlp troct, same beinq the west Ifne of Minter Chapel Road'(Riqht-of—way Variee); `�
. _
TNQdCE-alonq the eoat.Ilne ot eaid J. H. Randoiph Family Umited Pa�tnership troc� eome betng the wcat
�fqht—ot=way line of sa(d '�nter Chapel Road, No�th 00 deqrees 02 minutes 15 secondr Eaat, a diatance. o�
25.00 feet to the POINT OF BECINNINC; �
THENC£ through the tnterior of eotd J. H. RanColph Fomly UmiteC PaRnerehip tract. the following three �
(3) cour�er �
1. North.89 degroes 27 minutes 14 �econds Wes� o dletence of 37.00 feet to c 5/8" iron rod aet;
2. North,00 deyroes• 02 minutea 15 aeconde East, a diatance of 12.00 feet to a 5/8" iron rod aet;
3. South 89 deqreea 27 minutes 14 eeconds Eoat, o distance of 37.00 feet to a 5/8" Iron rod set, same beinq
the weat rlqht—of—way Ilne of eald �Ilnter Chapel Rood;
THENCE alon9 the eost line of aald J..H. Rondolph Fomily UmReC Partnerahip tract, aame betnq the west
line ot Minter Chapel Road, South 00 degrees 02 mfnutea 15 seeonEs West. a dfetancn of 12.00 feet to the
POIPtT OF BECINNING and containfnq 444 squaro feet or 0.0102 acres. moro or lesa.
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