Loading...
HomeMy WebLinkAboutORD 1988-007 ORDINANCE NO. 88-07 AN ORDINANC� ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREI�ISIVE ZONING ORDINANCE OF THE CITY OF GRI�PEVINE, Z�S SAME BEING ALSO I�IOWN AS APPIIVDIX ��D�� OF Tf� CITY CODE, BY GRArTTING A CONDITIONAL �� USE PERMIT FOR THE STORAGE, POSSESSION, RETAIL SALE, AND ON-PRIIKISE CONSUNIPTION OF BEER, WINE AND MIXID ALCOHOLIC BEVERAGFS IN � CONJUNCTION WITH THE OPERATION OF A RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL BUSINESS DISTRICT UNDER CITY OF C,R�PEVINE ORDINANC.E N0. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND AI�L OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSID HEREIN; CORRECrING THE OFFICIAL ZONING MAP; PRESERVING ALL OZ�iER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A C�,P,USE RII�ATING TO SE�IERABILITY; DE`I�RMINING THAT THE PUSLIC INTERESTS, MORALS AND GEDiERAL WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY �P TO EXCEED THE SUM OF 'I'4vt� THOUSAND DOLL�ARS (S 2,o 0 0.o o) AND A SEPARATE OFFENSE SHAI�L BE DEIIKED CpNIlKITI'ID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARING AN IINERGEb1CY Wf�RE11S, 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 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 WHER�S, 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 permit should be granted or denied: safety of the motoring public and the pedestrians using the facilities in the area inunediately surrounding the site; safety fran 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 um�ediate neighborhood; adequacy of parking as determined by requiremsnts 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 garking areas to control dust; effect on the pr�tion 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, garks and other facilities; and WHERE',AS, the City Council of the City of Grapevine, Te.xas, 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 securi.ng of safety from 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 Wf�REAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the sukxnission of evidence at a public hearing; and 4VHEREAS, 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 Wf�RF�AS, 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 amendmP.nt, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference to the classification which e�isted at the t�me their original investrnent was made; and WHEREAS, the City Council of the City of Grapevine, Texas does find that the conditional 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 Wf�REAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit and has also found and determined that there has been a change in the conditions of the property surrounding and in close prox�mity 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, T�as, and helps prcmote the general health, safety and woelfare of this community. NOW, THER'EFORE, BE IT ORDAINID BY THE CITY COUNCIL OF TI� CITY OF M GRAPEVINE� TEXA.S: Section l. That the City does hereby issue a conditional use permit in �� accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas same being also lmown as Appendix "D" of the City Code, by granting a conditional use permit for the storage, possession, retail sale, and on-premise const�nption of beer, wine and mixed alcoholic beverages in conjunction with the operation of a restaurant in a district zoned "CBD" Central Business District under City of Grapevine Ordinance No. 82-73 within the following described property: Lot 5, Block 3, Originial Town of Grapevine (414 Main Street) 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 "A", and all other conditions, restrictions, and safeguards �mposed 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 permit. 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 established have been made in accordance with the comprehensive plan for the purpose of pranoting health, safety, mprals 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 frcen 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, garks and other public requirements, and to make adequate provisions for the normal business, commercial needs and develognent of the coi�rnznity. 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 5. This ordinance shall be ctunulative 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 detailed statement or plan sul�nitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than � Thousand Dollars ($2,000.00) , 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 cammission 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. Section 8. The fact that the present zoning ordinance 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 i�anediate 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 final passage, and it is accordingly so ordained. �w.�� PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 19th day of January , 1988. APPROVID: � Mayor ATTEST: Secretary APPROVID AS TO FORM AND LEGALITY: �' ,��'1���� City Attorney �`- EXHIBIT "A" TO ORDINANCE NO. 88-07 ' . , ' , , - ' q ,i t ' ��3�< . - ��: d e ,�"'_,,;�� Z 1O j� �„A " W o� ' 9 � . , 3 ��o�= ..� 9'v � : . � vi �o u - � 5� -- `�i . r ` � �' , - : r� r '� `,'^,W - > j Q y e �A� oY\ ? F� a �..=5 a �c o a.� •::i°p o03 ;� - .iom_ .� -. 4s ;; - <r �r _ �F �.. ,r:�p�=o = • �� � �� ;�i�� ���211-5 rllvl�! ��� �� K�! Z r� K � � 2' _V u P r �� i o o�W�'r� p ,�._ � r .`, �S�iz " z� ': ,��,=�o� _ Z� .< d „�� r ?, ., e�J e. �za: 4�i�� � 910 .�9.. �d � n , �g .uF��-2� a1uJ .a r�o ry , . :nm= zr np ��A� „yo �• m`�' :m z � ~W<�r :;L•`W 3 0 ., °Wz~� - '' '°f ' . c�K�R"��egW; oo;: �,Pa�• �,n �� i �3: ..- � �� p�W M"~'.`�W i i x i oa>r ,c I��o o - �. �.�nuKrr-�i�3K��. ,r,°��.°�� �3Wz�e r o � ' __ d W z i Z�N.0 N Z LL` ��j.Q O� F~v1 r ` p Y +; j ;.�---_'---- ` 7 Y� f �Z 2 F u�W A o r 3� � �L_'--�� �{ p..Y�o��WAr o - 'a�°`i < �, I �� ' j +.—`__`. 3mitl�..a~c-rr�W 'a'� ���'e�_ ,. �o° o �`f_,�� ��o�..o��,�.���� c�g3 �`��z�:� a.. o A ��O ��i - N"<'z�"'"oW3u '":"M " �W <o � � G'+ ! ii��z.�2°C��ifi�.9m�� N"- a�'i�� � I��� _ , WpioZZZ ,�uS <' �,', ��.. �.i '1 P�JYC[LvON �m2t�N IJJiI F 5 K K Q Y b�{~ N> € _ . f L._'j _ O m��L�O a O„<O h�FY �SSvT�. Ct=��O n . . ZI _�n♦ '.o r . i 9 � � t_; ' .. . n I r�_���� , _ _ iJ'..-L- _ Ia— —1 `�_—_---__.J I q y� � �{ I I � �a ' ' � � ; I � l << < �P � _ � "rl ml � " I � v � m � , ; � - � � � .� �— �. `-'� . a -- � : � � ^ i i ° ' + � � � Z � p ' , 3S I ' � x ��� g -_ ~ m ` � � _ � �� � o � �W c — � � ° � . Z y Y: 8=� � n � � Q �d Z , a�;..::,:v �� ;I � � Q � � r.�7 _ r � . :I . � � � � � v � � I o � � \ p I � � rc . � N J uf �I i Z � � 1 . . � f�l / . N A Q � . IC � I �€.� � �o Y a � : , ^ � o �� O V p W � i ��� � ,; ` � v5 � m � o s _ 'l, � a: �o .�. �_ \ 3I / ' ' I . �; . - p i �� — y3 _ -a� �� �i� �' � I s` sD � ��' � ' � -�'� 3� � I ' � � � N ❑ L p< � �y , =Y _ _ I _ �3� - I ,\ ,`, \ i� � ' ,� � i - ; , � <w � ° � 3��: I ;� � . ---_l� �: ;d 1 Q � -- - - a a= , � �J-, � \�! o< � 3 'o > O f `�J J JI m = . � 3\J m�F J = .l w 3�P +1= � ' < 4 �Zd� i� d a o� owmo=� s� 13a�I1S N0121b'� c � a g ,',��.':�� ` =i 3 � � , � a I z N�D I J� _ _ —� � t� o Z < �� � . . J —______ _ N aLL pg3LLIW� — — � — �� W P o� 3z �s ; �, 3 '� �S o P7 c 3 d � m�. i��zF i> z3 �s � W? 1� . ' i , � �„___� ----�_ ._ . .-�- - ----_--L - ---- -- - L - f _ ..__