HomeMy WebLinkAboutORD 1985-001 ORDINANCE NO. 8 5-O 1
AN ORDINANCE ANIENDING ORDINANCE NO. 82-73,
THE CONIPREHE[QSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO
KNOWN AS APP�IDIX "D" OF THE CITY CADE OF
GRAPEVINE, TEX�1S, GRANTING A ZONING CHANGE
ON A TRACT OF L�1r7D DESCRIBED AS BEING A
,�.... IAT, TRACT, OR PARC� OF I1�ND LYING AND
BEING SITUATED IN TARRANI' COUN'I'Y, TEXAS,
BEING A PARI' OF TF� NOR'I'�1WEST PLAZA SHOP-
� PING CENTER ADDITION TO Tf� CITY OF GRAPE-
VINE, TEXAS, MORE F[JI�Y AND COMPLETELY
DESCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN TI� USE OF SAID PRO-
PERTY FROM "HC° HIGHWAY COMN�RCIAL ZONING
DISTRICT TO "SP" SITE PLAN ZONING DISTRICT
FOR THE STORAC�, POSSFSSION, RETAIL SALE,
AND ON-PRET'IISE CONSLAyPTION OF AI�COHOLIC
BEVERAGFS INCIDENTAL TO THE OPERATION OF A
RESTAURANT ALL IN ACCORDANCE WITH A SITE
PLAN, AND FURTHER PROVIDING ALL OTHER USES
AS PERMITTID IN THE "HC" HIGHWAY CONJ�'IERCIAL
ZONING DISTRICT; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING AIZ OTI'HER PORTIONS
OF THE ZONING ORDINANCE; P1�JVIDING A CLAUSE
RII,ATING TO SEVERIIBILITY; DE'i'ERMINING THAT
TE� PUBLIC INTERESTS, NYJRALS AND GENERAL
WII�'ARE DEMAND A ZONING CHANGE AND AMQID-
MII�tT THEREIN MADE; PROVIDING A PENALTY NOT
TO ExCEID THE SUM OF ONE THOUSAND DOT,T,ARS
($1,000.00) AND A SEPARATE OFFENSE SNAT,T,
BE DEEN�D COMMITTID UPON EACH DAY DURING
�'"""" OR ON WHICH A VIOLATION OCCURS; AND DECLAR-
ING AN F�9ERGEL�TCY
�
HfHERE,�.S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Conmission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
require�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 requirements, conditions and prerequisites having been ccxnplied
with; and,
�S, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the follaaing 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 ucaYuediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property fram
flood or water damages, noise producing elem�ents 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
ingress and egress points for parking and off-street locating spaces, and
i�,,, protection of public health by surfacing on all parking areas to control dust,
effect on the pramotion 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,
WI-iERE�S, 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 deternnination 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
securing of safety fran same, the effect on the prcxnotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrow�ing 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-IF�2EAS, 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 most
appropriate use of land throughout this city; and,
„�, W�IEREAS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the a[nenc�nent, that the zoning
changes do not unreasonably invade the rights of those who baught or improved
property with reference to the classification which existed at the tinte their
original investarent was made; and,
', 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; pramc�tes health and the general
welfare; provides adequate light and air; prevents the overcrawding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
require�nents; and,
WHERF�S, the City Council of the City of Grapevine, Te�s, 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 pr�ote the general
health, safety, and welfare of this co�nunity.
�
NOW, TH�'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF TI� CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lazawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the
san�e is hereby amended and changed in that the use of the follawing described
property, to-wit:
Being a tract of land in the Northwest Plaza Shopping Center Addition to
the City of Grapevine, Tarrant County, Texas (1605 West Northwest Highway)
which was previously zoned "HC" Highway Camnercial Zoning District is hereby
clzanged to "SP" Site Plan Zoning District for the storage, possession, retail
sale, and on-premise cons�tion of alcoholic beverages incidental to the
operation of a restaurant in accordance with a site plan, attached hereto and
made a part hereof as Exhi.bit "A", and further providing all other uses as
permitted in the "HC" Highway Cammercial Zoning District, all in accordance
with Camprehensive Zoning Ordinance No. 82-73, as amended.
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
�+ 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 camprehensive plan for the
purpose of pranoting health, safety, nx�rals and the general w�lfare of the
cc�nmunity. 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 frcm fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrowding of
land, to avoid undue concentration of population; face lan� �face dwatere
provisions of transportation, water, sewerage, drainag
parks and other public requirements, and to make adequate provisions for the
nornial business, co�nercial needs and develo�nt of the cam�muiity. 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 com�rnznity.
�* Section 5. This ordinance shall be c�unulative of all other ordinances of
' the City of Grapevine, Texas, affecting zoning and shall not repeal any of the
f 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 camply therewith, or with any of the
require�nts thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan su�nitted and approved. hereunder,
shall be guilty of a misde�neanor and shall be liable to a fine of not more
than one thousand dollars ($1,000.00) , 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 e,xist, 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, m�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the i�ediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fran and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVED by the City Council of the City of Grapevine, Texas
on this the 15th day of January, 1985.
APPROVID:
�
May
� ATTEST:
�
�rrr C
/�x o.s.J Q�'j�•
City Secretary
APPRfJVED AS TO FORM AND LEGALITY:
City Attorney