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HomeMy WebLinkAboutORD 1985-016 ORDINANCE N0. 85-16 AN ORDINANCE AN�iDING ORDINANCE NO. 82-73, TI-� COMPREEIENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KN(7V�li�T AS APPII1�11DIX "D" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANI'ING A ZONING CHANGE ON A TRACT OF LAND DESCRIBID AS BEING A �+,► IiOT, TRACT, OR PARCII., OF I�ADID LYING AND BEING SITUATID IN TARRANT COUNTY, TEXAS, BEING A PART OF THE GRAPEVINE PLAZA �, ADDITION TO THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLEI'ELY DFSCRIBID IN THE BODY OF THIS ORDINANC�; ORDERING A CEIANGE IN THE USE OF SAID PROPERTY FROM "CN" NEIGHBORHOOD CONIl�lERCIAL ZONING DISTRICT TO "SP" SITE PLAN ZONING DISTRICT FOR Tf� STORAGE, POSSFSSION, RETAIL SALE, AND OFF-PRENiISE CONSLA�TION OF ALCOHOLIC BEVERAGES (BEER ONLY) IN CONJUNCI'ION WITH THE OPERATION OF A GROCERY STORE, ALL IN ACCORDANCE WITH A SITE PLAN, AND FURTHER PROVIDING ALL OTHER USES AS PERMITTID IN TI� "CN" NEIGHBORHOOD CONIl�IERCIAL ZONLNG DISTRICT; CORREC`I'ING Tf� OFFICIAL ZONING MAP; PRESERVING ALL OZ'HER PORTIONS OF TfiE ZONING ORDINANCE; PROVIDING A CI�AUSE RELI�TING TO SEVERABILITY; DETEI�IINING THAT THE PUBLIC INTERE.STS, MORAIS AND GII�IEF2AL WII,FARE DEMAND A ZONING CHANGE AND AMEND- MENT THEREIN MADE; PROVIDING A PIIVALTY NOT TO EXC� THE SUM OF ONE THOUSAND DOT,T,ARS ($1,000.00) AND A SEPARATE OFFENSE SHALL BE P"'�" DEET'!ED CODM4ITTID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCC.'URS; AND DECI�ARING AN � II�RGENCY Wf�RF,AS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Ca�nission of the City of Grapevi.ne, Texas, as required by State statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requixe�uents, 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 require�nents, conditions and prerequisites having been c�lied with; and, W�, 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 these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety frcen fire hazards and measures for fire control, protection of adjacent property fran 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 inmediate neighborhood, adequacy of parking as determined by " requirements of this ordinance for off-street parking facilities, location of �i�,,,r 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 pranx�tion of health and the general welfare, effect on light and air, the effect on the overcro�ading of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, Wf�REA5, 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 change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securinq of safety frcan 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, the City Council further considered ampng other things the character of the district and its peculiar suitability for particular uses and ,�+.► with the view to conserve the value of buildings, encourage the nx�st appropriate use of land throughout this city; and, �,; WHF�tEAS, the City Council of the City of Grapevine, Te,xas, does find that there is a public necessity for the zoning change, that the public demands it, that the public interest clearly requires the amenchnent, that the zoning changes do not unreasonably invade tYie rights of those who bought or improved property with reference to the classification which existed at the time their original investment was made; and, Wf�REA.S, the City Council of the City of Grapevine, Te�s, does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; prc�notes health and the general welfare; provides adequate light arnd air; prevents the avercrowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, Wf�RF�S, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this change in zoning 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 a change in zoning classification 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 pranate the general health, safety, and welfare of this ca�ununity. �.� NOW, 'I'��'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf� CITY OF GRAPE�7INE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Ccsnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also knawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby amended and changed in that the use of the follawing described property, to wit: Being a tract of land in the City of Grapevine, Tarrant County, Texas, n�ore fully and cca�rpletely described as Lot 2 of the Grapevine Plaza Addition, which was previously zoned "CTt" Neighborhood Caita�ercial Zoning District is hereby changed to "SP" Site Plan Zoning District for the storage, possession, retail sale, and off-premise constunption of alcoholic beverages (beer only) in conjunction with the operation of a grocery store, all in accordance with a site plan, attached hereto and made a part here of as Exhibit "A", and further providing all other uses as permitted in the "CN" Neighborhood Ccannercial Zoning District. Section 2. The City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas, to reflect the herein change in '"'""" zoning. Section 3. That in all other respects the use of the tract or tracts of i.r 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 c�nprehensive plan for the purpose of pr�cating health, safety, irorals and the general welfare of the cam►unity. 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 fran 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 pravisions for the normal business, canunercial needs and develog�eent 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 co�nunity. �+ Section 5. 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 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 ccxnply therewith, or with any of the requirements thereof, or who shall kxzild or alter any building or use in violation of any detailed statement or plan suxmitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not mr�re than one thousand dollars ($1,000.00) , and ea.ch day such violation shall be permitted to exist shall constitute a separate offense. The awner or awners 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 cca�mission 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, Te�as 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.mY�ediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall become effective frccn and after the date of its final passage, and it is accordingly so ordained. PASSID AND APPROVID by the City Council of the City of Grapevine, Te�.s on this the 19th day of March, 1985. APPROVED: � Mayor �"" ATI�'.ST: � City Secretary APPI�JVED AS TO FORM AND LEGALITY: City Attorney