Loading...
HomeMy WebLinkAboutORD 1984-024 ORDINANCE NO. 84-24 AN ORD1N11NCE AN�tDING ORDIN7INCE NO. 82-73, Tf� COMPREEiII�ISIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO KNO'WN AS APPENDIX "D" OF THE CITY CODE OF GRAPEVINE, Z�S, GRAt�]TING A ZONING CHI�NGE ON A TRACT OF LAND DESCRIBID AS BEING A — I/JT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATID IN TAR�NT COUN'i'Y, TEXAS, BEING A PART OF THE RUTFi WALL SUBDIVISION, IN THE CITY OF GRAPEVINE, TEXAS, MORE F[JI�Y AND COMPLE�ELY DESCRIBID IN Tf� BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FFtOM "HC" HIGHWAY CONI�'IERCIAL ZONING DISTRICT TO "SP" SITE PLAN ZOIVING DISTRICT FOR Z�IE STORAGE, POSSESSION, RETAIL SALE, AND OFF-PRENLZSE CONSUNIP'I'ION OF ALrCOHOLIC BEVERAGES (BEER ONLY) INCIDENTAL TO � OPII�TION OF A [�I�C-UP, DRIVE-THROUGH RESTAURANT AND PAFZ'I'Y SHOP, ALL 1N ACCORDANCE WITH A SITE PLAN; CORRECTING TI� OFFICIAL ZOrTING MAP; PRESEFtVING ALL OZ'fiER PORTIONS OF Tf� ZONING ORDINIINCE; PROVIDING A CLAUSE REL�TING TO SEVERABILITY; DEI'II2MINING THAT THE PUBLIC INZ�RESTS, MORALS AND GIIVEE2AL WF�FARE DEMAND A ZONII�TG CHANGE AND AMIIVDMEN'I' THERtEIN MADE; PROVIDING A PENALTY NO�I' TO EXCEID THE SUM OF ONE THOUSAND DOT,T,A,RS ($1,000.00) P,l�ID A SEPARATE OFFE�ISE SHALL BE DEF�NIED COMMITI'ID UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND DECLARZNG AN F�'lERGENCY W�, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Commission 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 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 co�lied with; and, Wf�RE'�AS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council did consider the follawing 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 i�diately 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 i�diate 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 overcraading of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, Wf�REAS, 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 i.n making a determination as to whether this requested change should be �*ranted 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, WHERF�I�.S, the City Council further considered among 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, �n�R�S, 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 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 invest�nt was made; and, WI�REAS, 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; promotes health and the general welfare; provides adequate light and air; prevents the overcraading 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, 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 cla��ified 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 promr�te the general health, safety, and welfare of this conumznity. NOW, TI-iEREE'ORE� BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section l. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine, Te�s, same being also ]mawn as Appendix "D" of the City Code of Grapevi.ne, Texas, be, and the same is hereby amended and changed in that the use of the following described property, to�wit: Being the rrost easterly 102 feet of Lot 5 of the Ruth Wall Subdivision in the City of Grapevine, Tarrant County, Texas, which was previously zoned "HC" Highway Com�rcial Zoning District is hereby chang�ri +-n "SP" Site Plan Zoning District for the storage, possession, retail sale, and off-premise consumption of alcoholic beverages (beer only) incidental to the operation of a walk-up, drive-through restaurant and party shop, in accordance with a site plan, attached hereto and made a part hereof as �hibit "A", all in accordance with Cor,�rehensive 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 comprehensive plan for the purpose of promr�ting health, safety, mr�rals 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 fran fire, panic, flood and other dangers; provide adequate light and air; to prevent overcrawding 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, co�nercial needs and development of the corr�riunity. 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 cLmtulative 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 submitted and approved hereunder, shall be guilty of a misdemeanor and shall be liable to a fine of not more than one thousand dollars ($1,000.00) , and each day such violation shall be pennitted to e�ist 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 commission of any such violation, shall be guilty of a separate offense and upon ronviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the pawer 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 i.nhabitants of the City of Grapevine, Texas, creates an emergency for the iimlediate 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. PASSID AND APPROVID by the City Council of the City of Grapevine, Texas on this the 15th day of May, 1984. APPROVED: W � , Mayor ATrEST: � CUC.�.uJ C1,�.�•+� � City 5ecretary .� APPROVED AS TO FORM AND LEGALITY: City Attorney EXHIBIT "A" TO ORDINANCE NO. 84-24 r= V _ ..r.�r .. S _ � •�r � �.. - - �� ' . � ` r �` ti ` ,�: � � � .:�� �.._ �,� -� . _ � - :'� � �. , �-` �,1 Qr � 4,M+ ,.� _* �� . Q � � � . . . .� - . .__� . .. . • _ ,Y t ,.:;'., .1 . .�_ j � , Beer storage & sale� ,- t: G�_ \• .-•� - j; •�iG. _. � . � : - ���-: t � . - `\ - _ .. , .- �, ', ` // � /�+e . . �= - --� . , roS;YY. _ , _ . `; - � � _ _ � �/ - - � ----;�__ _ �.� � _r � . , : _� _ � . �a " ,� -i� , : _ -. .� � .�, � ,. - . . � � , ` , � \- : � .Z �t ��� �� R � . . . \ ' . .. . , '� � - � ` ' ��}� .i_� ��� ' — ' . � '\\` ' � . . . . .' _� }[! \.. ' . . - \ ._. . . � . - ' � V+` _ ` — � ; ..� , . '�\. . . . � . � _ . ; .'-.' '.:� � � :..e ; ". — . �. - � ' . . - . . . � r�! ��r ] � �..1�� . . \� . _ r�� � ._ \ _ . �7 t'7G. _.. �;- ` �« ° _�I;lk{:1'rl N \ - -�Lb MT i i-1 c► `� � : 1�. } - _ . � - � �,' � ' " ,. . � f , • . � , . v►` ,- � , �._ � . , - �, . �, � m ,-: -. �.�;� _ _ ,. . - .� - _ _ ; ; : . .- . � . �.;�� _ . .� , .�_ �,; . , . �. \ ... 1L� ' � �.� f . � T " - t� ,� �'!. �._ �r� �� �; .. r -" • � , �-�y . . �-� � ,. � `� �� ` a � =:'�Z�n���_ .__ - - ,, - ,. ^' : . ' ��- -r` F. "` { . �L.1�L.V�l�1� ._ _ . .. ... . . __ : _ 7SL � � • . j .`' '� .. -i:, ; - �`� . ' }^ ` t \, � ' � 1 il .,. t": � :�L1 �u�� �.✓�v� � _�-�� e - ----� Y---G o-o � t� ti f � r - � �_ _ _ . . _ . . ;� ; �"_ ` , �.� . ,� � 1 . . _ � . . s,` ; ..1 M. . _ �b�4 �L• �� � � � ' � . . �. .. � � . . . . , _ . .`. •;`' . . ._�.r... . . . � - . . _ . , �. •1� , ' -. :.--;-�-- T " . � '. " ' • �Q -' _ � _ . . . `` '. • i � .�- . - . --0 .. � --I.2"��1� __� __ _ _ _ . � � N y _ . ;���Kr�n sr� . . , � . � ; .. . . .- - .. � -,; 1�us�rtN� - � . ���-oa�r�N��: To o i�l.�r ' � __..:���_��..-(.;.::. ��� � . k . ,