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HomeMy WebLinkAboutORD 1983-023 ORDINANCE NO. 83-23 AN ORDINANCE P,NIQVDING ORDINANCE NO. 70-10, THE COMPREE�QVSIVE ZONING ORDINANC� OF 'PHE CITY OF GRAPEVINE, TEXAS, SAME BEING AISO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING Q3ANC',E ON A TRAC.T OF LAND DESCRIBID AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUAT� IN TARR�NT COUNTY, TE?�AS, BEING A PART OF THE WILLIAM BRADFORD SURVEY, ABSTRACT N0. 131, IN THE CITY OF GRAPEVINE, TE�S, MORE FUI�Y AI�ID COMPLErl�I,Y DESCRIBED IN THE BODY OF THIS ORDIlVANC�; ORDERING A CHANGE IN Tf� USE OF SAID PROPERTY FROM "C-2" CON�I[.JNITY BUSINESS ZONING DISTRIC� UNDER ORDINANC� NO. 70-10 TO "S-P" SITE PLAN ZONING CATEGORY FOR Tf� STORAGE, RETAIL SALE, AND OFF-PRE�I.ISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) , INCIDET]lAL TO THE OPERATION OF A CONVEE[�IIIEDICE STORE AND GASOLINE SERVIC,E STATION, ALL IN ACCORDANCE WITH A SITE PLAN, AZTACf-IED HER�''TO AND MADE A PAR'I' HII2EOF AS E}�iIBIT "A", A1�ID FIJRTHII2 PROVID- ING FOR ALL OTfiF�R USES IN � "C-C" COMNI[J- NITY CONIl�RCIAL ZONING DISTRICT UNDER ORDINANCE N0. 82-73; CORRECTING THE OFFI- CIAL ZONING MAP; PRESERVING ALL Ori'HER ' PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CI�AUSE REI,F,TING TO SEVERABILITY; DE'I'EEt- MINING THAT THE PUBLIC II�Z�RF'�STS, NiORALS AI�ID GII�ERAL WEs�'ARE DEMAND A ZONING C'HANGE AND ANN�NNDMEN'I' Tf�'�REIN MADE; PROVIDING A PII�LTY; AND DF]CI,ARING AN II�IERGII�ICY 4�II�S, 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, Te�s, as required by State statutes and the zoning ordinances of the City of Grapevine, Texas, and all the legal requisements, 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, . W'I�RF�.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 these requested changed should be granted or denied; safety of the motoring public and the pedestrians using the facil- ities in the area inuYiediately 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 sta- tionary 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 caelfare, effect on light and air, the effect on the overcrawding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WI�RE,AS, the City Council of the City of Grapevine, Te�s, at a public hearing called by the City Council of the City of Grapevine, Texas, did consider the follawing 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 possi.bly 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 over- crawding 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 among other things the character of the district and its peculiar suitability for particular uses a.nd with the view to conserve the value of buildings, encourage the m�st appro- priate use of land throughout this city; and, 4�rf-iEREAS, the City Council of the City of Grapevine, Te�s, 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 un.reasonably invade the rights of those who bought or i�roved property with reference to the classification which existed at the time their original investrnent was made; and, W�S, the City Council of the City of Grapevine, Texas, 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 overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public require- ments; and, Wf-IEREAS, 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 prox�mity 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 promote the general health, safety, and welfare of this co�zity. NOW, TfiII2EFORE, BE IT ORDAINED" ,BY Tf� CITY COUNCIL OF Tf� CITY OF GRP,PEVINE� TEXA.S: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmawn as Appendix "A" of the City Code of Grapevine, Te�s, be, and the same is hereby airiended and changed in that the use of the following described property, to�ait: Being a tract of land situated in the William Bradford Survey, Abstract No. 131 in the City of Grapevine, Tarrant County, Texas, and being more particularly described by metes and bounds as follaws: Beginning at the most Northerly intersection of the North line of State Highway No. 114 with the East line of Main Street (Spur 103) ; Tf��ICE North 00 degrees 09 mi.nutes 31 seconds East along said East line of Main Street for a distance of 90.00 feet to an iron rod for corner; Tf�10E South 89 degrees 37 minutes 04 seconds East for a distance of 180.00 feet to an iron rod for corner; TF�10E South 00 degrees 23 minutes 42 seconds West for a distance of 205.97 feet to an iron rod for corner in said North line of State Highway No. 114; Tf� North 84 degrees 32 minutes 57 seconds West along said North line of State Highway No. 114 for a distance of 80.00 feet to an iron rod for corner; Tf�NNC� North 42 degrees 09 minutes 05 seconds West along said North line of State Fiighway No. 114 for a distance of 147.80 feet to the Place of Begin- ning, containing 30,585.37 square feet or 0.7 acres of land which, in accor- dance with Ccxnprehensive Zoning Ordinance No. 70-10, was previously zoned "C-2" Community Business Zoning District is hereby changed to "S-P" Site Plan Zoning Category for the storage, retail sale, and off-premise consurcq�tion of alcoholic beveraqes (beer only) , incidental to the operation of a convenience store and gasoline service station, all in accordance with a site plan, attached hereto and made a part hereof as E�hibit "A", and further providing for all other uses in the "C�" Community Com�rcial Zoning District, all in accordance with Co�rehensive Zoning Ordinance No. 82-73. Section 2. The City Nlanager 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 estab- lished have been made in accordance with the co�rehensive plan for the purpose of promoting health, safety, rrorals and the general welfare of the comrnlnity. 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 overcraading 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, com�rcial needs and develo�xnent of the co�nunity. 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 appro- priate use of land throughout the co�rnuzity. Section 5. This ordinance shall be c�nzlative 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, firm or corporation violating any of the tern�s and provisions of this ordinance shall be subject to the same penalties as provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine, Texas. 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�diate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shall bec�e effective fran 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 17th day of May, 1983. 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