Loading...
HomeMy WebLinkAboutORD 1978-007 ORDINANCE NO. 78-7 AN ORD3NAt�?Cr AMj�nT��NG nRD?N,�11N�E r1�. 7�-J..n. '`'HF. C!�i��IPREHENS I�rr; ZnNIN'; C?RDTi1ANCF OF -rH:� �T'_T_'y �`� Gr'�IPEVINF, TEXIp,S , SA.1�'I�.; p�ING �^� t'�.��O KNQGIIV AS TTT?_..F, 10 �� THE CITY Cn;?E nF' �'?ApE�IT�rF;, ? TF}�� ' C�PANTING A 7�NTNG C�-rANrE ON A TRACT nF J.�.4ND �'�SC'ZIt�ED AS ir�r+ RE�NG �: Ln�r� -,-,��C?' OR P��RCEIv OF LAND �,XTNC; :'aN?? RETNC; SI'?'UATEn ?T1 T��'�?�,.NT �C'UNTY, TEXA� q F3F.TNG A PA.t?T (�F ^_;'�IE T. MA.Hs�N SiTIZ��EY; ARSTRAC'r 1050 IN THE CT�'Y +:)F GRAPF_.VINE, '?'E_�S Mr�E �iTi T.Y AND COMPLETEI..Y !?ESCR?I3ED I�1 TI-IF RODY O�' THI� �i'DINANCF; ORDERTNG A Cf��1Vc;L T;�T TF-r� LT�F n� SA?D PRnPER?'y �'�ON1 "C-2" rC:MMt.1NITY '3U�INF_�S ?�TST'?TCT TC� "SP" SPECIF'IC US� PERMIT DISTRICT FOR ON PR�T��TTS� CONSt?NiPTION �1L,CQHOLTC �EVER- AGES , BE�.T; ONI Y INrIDENT..4I_. 'I'O THE OPEF?ATION QF A 2ESTAT?RANT ANL� �TiiER CT�ES AS PERMITTED UlVDER "C-2" CQN�Mt?NTTY T3USrNF�S DTST'�ICT� AS PER THF ATTACHEn STTE Pi_,AN; COR:T?ECTING '?'HF_ �F�ICTAL 2C?NING P�'LnE'; PRESEI?VING ALL OTHF.R PnRTICNS OF TI-i�. _7.C3NING G�RDINANCF_; PRO�TID��?G A CL.At?SE F;Ei_ATTNG T� SEVEI�IIBII.ITY; � DET�'RNrINTN� TI-�,1�"I�' '_rF-TE PUELIC INTERES'T', MOIZAI S Al`1D GENET?AL �.LL.F�Ri�' DFMAI�T1� A ZONING CH.ANGr f1ND ANIENDI�IENT THERETN MADF; P'Z�VIDTNG A PLNRi.,TY; ANn DFCL..�RING AN F,MERGENC�.'. � i i '�wr WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning and 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 pre-requisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices, require- `�� ments, conditions and pre-requisites having been complied with; and, �" WHEREAS, 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 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 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 loading 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 over-crowding of the land, the effect on the concen- tration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and, WHEREAS, 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 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-crowding of the land, the effect on the concentration on population, the effect on the �,, transportation; water, sewerage, schools, parks and other public facilities; and, �„ WHEREAS, 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 most appropriate use of land throughout this city; and, WHEREAS, 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 amend- ment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property with reference ta the classification which existed at the time their original investment was made; and, '�"� WHEREAS, 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 over-crowding 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, 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 �, promote the general health, safety and welfare of this community; � NOW, THEREFORE, � � Rr TT ORDAINE� BY THE CTTY COUNCIL 4� THE CITY OF GRAPBVINF. TEXAS: SECTION 1. T�zat the City o_f_ Grapevine Ordinance No. 70-10, heing the Camprehensive Zonin� Ordinanc.e of the � � City of Gr�pevin�, Texas , same bei.ng also kno�nm as Title 10 of +he City Code of Grapevi_ne , Texas , be, and the same is hereby amended and chan�ed in that the �ise of the .� f�lloti+�in� �1Qscribe�i property, to-wit: BElNG situated in the City of Grapevi.ne, T�xas , and being a part of -the T. 1�Zahan Sur.ve��, .Abstract No. 1050, Tarrant C'ounty, Texas , and bei.ng a p�rt of the land conveyed to Jay S. Armst-.r_ony b�,� Tohn C:. r'IcDc�nald by deed recorded in Volume 2538 , Pa�e 166, ?�eed Records , Tarrant Count.��, Texas , and t�ein�r mo.r_P particul�.rly describec-1 as follo�ars : BEGINNING at a point in the South line of State High�ATa� 114, said point heinr. Nort� 89� 15 � C-Jest a �istance of 252.70 feet and alonc� the Soizth line of said hight�ray from the North- east corner_ of said Arm�tr.ong tract; THENCE South 3�29� East and parallel t�, th� East line of saic? Armstrong tract a distance �f ?..68.80 f_eet to an iron ro�? for �orner i:n the North line of :��all Street; THENC;F North 8�3� 57 � tialest and alon, saici North line a di.stance of 100.04 feet to an i.r�n x-od for es�rr.er; THENCE North 3� 2.9' Wes± a distancA of 268.27 feet tc� an ir_or rc�d for corner; � THENCE S�uth 39� 15� East a distance �f 1(a0.00 f�et +� the place of BFGINNING and containinc apprnxima#:ely 26,780 sq. f.eet of land; which was previousZy zonPd "C-2" Comriunity Busi.ness D�_st.r_ict is he;�e?-:;r channe�l in accordance �vith �onin� Appl.ication 7.70-10 to "SP" Sp�cific Use Permi+ District for on pYemise consum�ti.on of alcoholic hevera�es , beer only, incidental. to the operata_on of a r.est�urant, as per the attach�d si.te plar and other uses as per..mi_ttecl under "C-?" Communi+..y* R_usiness D?strict 7oninc. � � 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 plant for the purpose af promoting health, safety, morals 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 from fire, panic, flood and other dangers; provide adequate light and air; to prevent over-crowding of land, to avoid undue concentration of population; facilitate the adequate provisions of trans- portation, water, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, commercial needs and development of the cammunity. They have been made with reasonable consideration, among other things of the character of the district, and its peculiar suitability for the particul.ar 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 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, firm or corporation violating any of the terms and provisions of this ordinance shall be subject to the same penalties 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 immediate 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 accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the _�/� day of 7.v . / 1977. �'� OR . ' �-- ATTEST: � CITY SE A ,' i APPROVED AS TO FORM AND LEGALITY: �____� <9'w CITY ATTORNEY � Wwrr � 11`p►'