HomeMy WebLinkAboutORD 1997-006 �: ,.
ORDINANCE NO. s7-os
�.:�»
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 SU96-13 TO ALLOW A COMMUNICATIONS
ANTENNA ARRAY TO BE MOUNTED ON AN EXISTING 101
FOOT HIGH TU ELECTRIC TOWER WITH AN EQUIPMENT
CABINET IN A DISTRICT ZONED "HC" HIGHWAY
COMMERCIAL DISTRICT REGULATIONS 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
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
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
ORD. NO. 97-06 2
�°� 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 SU96-13 (PCS PrimeCo Personal Communications) to allow a
communications antenna array to be mounted on an existing 101 foot high TU Electric
tower with an equipment cabinet to be located at the base of the tower in a district zoned
"HC" Highway Commercial District Regulations under City of Grapevine Ordinance
��« No. 82-73 within the following described property: Lot 1, Block 1, Ball Street Substation
Addition (1310 South Ball Street), 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: 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 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
ORD. NO. 97-06 3
� 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 ($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
�
�
ORD. NO. 97-06 4
������ ATTEST:
�.�
Li nda H ff
City Secretary
APPROVED AS TO FORM:
�
John F. Boyle, Jr.
City Attorney
�
�
�
�
ORD. NO. 97-os 5
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EXNI@IT� TO ��
OWNERS CERTIFICATE Page �f ���
STATE of TEXAS
COUN'I'Y of TARRANT
, , . . ., .... , ._.
undesASnedEX tss UdulyTIauthor zedi attorneyN-in-fact gis thensol e rvner tof a
8
tract of land situated in the A. FOSTER SURVEY, ABSTRACT N0. 518, City of
Grapevine, Tarrant County, Texas, according to a �PARRAN"I`Y DEED as
recorded in Volume 5152, Page 305, DEED RECORDS, TARRANT COUNTY,
TEXAS, and being more particularly described as follows:
BEGINNING at an aluminum monument in concrete found for the Southeast
corner of said tract and being in the �Yest right-of-way of Ball Street;
THENCE North 89 degrees 32 minutes 36 seconds �Vest, departing the West
right-of-way of said Ball Street, a distance of 265.00 feet to an aluminium
� monument in concreLe for corner;
THENCE Nvrth 00 degreea 28 minutea 04 seconds East, a distance of 208.00
feet to an aluminium monument in concrete for corner;
THENCE South 89 degreea 32 minutea 38 seconds East, a distance of 285.00
feet to the 1Pest right-of-way of said Hall Street, an aluminium monument
in concrete, found for corner;
. THENCE South 00 degrees 28 minutes 04 seconds �Pest, along said �Vest
right-of-�ray a diatance of 208.00 feet to the PLACE OF BEGINNING and
containing 1.27 acres of land.
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