HomeMy WebLinkAboutORD 1997-017 �-���
ORDINANCE NO. 9�-��
�
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 SU97-03 TO ALLOW A COMMUNICATIONS
ANTENNA TO BE MOUNTED TO A 35 FOOT METAL POLE
WITH ACCESSORY EQUIPMENT CABINETS IN A DISTRICT
ZONED "LI" LIGHT INDUSTRIAL DISTRICT 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 ($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
iW„r„ 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
� 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
ORD. NO. 97-17 2
„ ��, 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 SU97-03 (Southwestern Bell Mobile) to allow a communications
antenna to be mounted to 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 2, Block 1, Grapevine Regional Industrial Park
(1601 West State Highway 114), 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. 97-17 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
�r.. 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 , �997.
APPROVED:
��� �
-�
William D. Tate
Mayor
�
�
ORD. NO. 97-17 4
� ATTEST:
rr�. -
Linda Hu f
City Secretary
APPROVED AS TO FORM:
. ,�.
, , � -. ,
John F. Boyle, Jr. `
City Attorney
�
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�
'�wr
ORD. NO. 97-17 5
� EXHIBIT� TO � 9���7 �
;�� Paqe ..�..._ ot _..L...
� ��L�.� � - 03 .
STATE OF TDCAS :
COUNiY OF TARR/1NT: . '
WHERFJIS,•2501 Lond Compony, o Texae Corporatlon is the owner of c 0.0112 acro troct of lond in. the
Nnboae Foeter SunreX, ADstroct 518, aituoted in the City oi Gropevine, Torroht County, Texae and baing.
that troct deac�ibed in Volume 12212; Paga 779, ol the Deed records of Tarrant County, Texaa and baing
more particulorly deec�ibed as followa: • ,
BEING a tract of land out of and a portion of the Ambroee Foater Survey, Abstrnct No..518, Tcrrat�t County,
Texas, eame beiny out of and a portion of thot certain troct of land convejrod to 2501 Land Company, try
Spec(al Warranty Deed With Vendors Uen, dated OecemOer 13, 1993, and recorded in Volume 12212,
Poqe 779, Oeed Records. Torrant County, Tezas, onC Delnq more particularfy descriDeC by metes and bounds
as followa:
COMMENCING FOR REFERENCE at a 1/7' Iron roA set at the southeaet comer.of eafC 2501 Land
Company trac�t. also being the intereection of the northeaat comer of Dallas Mea Rapid Tronsit Riqht—Of—
Way (100' Right—Of—Way) ond the aouthweat comar of State Hiqhway •114 (Right—Of—Way Vories);
Sta eCHighw a9y 114 N orth 33 f deg ees508 m nute�26aaeconds Weet b at di tance�of 10 94�feet�o�the�POINT
OF BEGINNING;
����
1}iENCE throuqh the Interfor of eald 2501 Land Company trac� the foilowtnq three (3 couroes:
South 80 degreea 48 minutea 00 seconds West, a distance of 44.67 feet to a 5/� iron rod set;
' North 33 degreea OS minutee 26 axonCa Weat, a diatance ot 12.00 feet to a 5/�' iron rod aet;
North 80 degroes 48 mi�utes 00 aeconds Eost, a distonce oi 44.67 feet to a 5/8' iron rod seC, some being the
west rtght—of—way Ilne of sald Stote Highway 114;
150 TNF1dCE abn4 the the eaat Itne of aoid 2501 Land Company tract, aome belnq the weat riqht—of—way tine ot
said State Highway 114, South 33 Eegrees 08 minutes 26 eeconda Eas� a dlstance of 12.00 feet to the
� POINT OF BEGINNING and containfng 490 square teat or 0.0112 acrea, moro or lese.
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