HomeMy WebLinkAboutORD 1977-009 ORDINANCE NO. ?7-9
AN ORDINEINCE AMENDING ORDINANCE NO. 70-10, THE
� COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF
GRAPEVINE, TEXAS, SAME BEING ALSO I�TOVJN AS TITLE
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10 OF THE CITY CODE OF GRAPEVINE, TEXAS GRANTING
A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS
BEING A LOT, TRACT OR PARCEL OF LAND LYING AND
BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A
PORTION OF BLOCK 9 AND BLOCK 12, STARR ADDITION,
TO THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND
COD'IPLETELY DESCRIBED IN THE BODY OF THIS OI�DINANCE;
ORDERING A CI-IANGE IN THE USE OF SAID PROPERTY
FROM "C-2" COMMUNITY BUSINESS DISTFZICT TO "SP"
SPECIFIC USE PERMIT DISTRICT FOR ON PREMISE
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CONSUMPTION ALCOHOLIC BEVERAGES BEER ONLY, IN-
CIDENTAL TO THE OPERATION OF A RESTAURANT AS PER
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THE ATTACHED SITE PLAN, CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE
ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST,
MORALS AND GENERAL WELFARE DEME'�.IVD A ZONING CHANGE
AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY;
AND DECL.ARING AN EMERGENCY.
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WHEREAS, applications ,a�r_e made to amend the
Official Zoning Map, City of Grapevine, Texas, by making
applicatians for same with the Planning and Zoning
Commission of the City of Grapevine, Texas, as required
by state statu�es and the zoning ordinances of the City
of Grapevine, Texas, and all the legal r_equirements,
conditions and pre-requisites having been complied with,
the case having come bef_ore the City Council of the City
�� of Grapevine, Texas, after all legal notices, require-
ments, conditions and pre-requisites having b�en complied
with; and,
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WHEREAS, 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 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, locati_on, 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 1and, the effect
on the concentration on population, the effect on the
"�-'"° transportation; water, sewerage, schools, parks and other
public facilities ; and,
�'" WF3EREAS, 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 Counci� 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 to the classification which existed at the time
their original investment was made; and,
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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
Grap�vine, 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;
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NOW, THEREFORE,
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I>E IT OI�DAIIJED }sY 'i'];F �' I_'i'Y ��OLiIJCIL OF `i'13E C1'i'Y
. ur c;t�7,Pr�v l�vr, �rr x�s :
SEC`I'ION 7_ . That th� City of Grap�vine Ordinance
No. 70-10, b�ing 1=he Cor��pr�}�t=nsive 7on.ing Ordinance of the
_ Cii y of Grapevine, Tc>xas , s�.rn� l��i �ig also known as Title
]_0 of the City Code of Gr_ <,pevine, 'I'�xas, be, and the same
is he1�by amend�d and c}�angcd in tlzat the use of t=}ze
fo7.lo�.aii�g d�scr_ i7�ed proper_ty, to-wi.t:
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� Being lot, tract or parcel of land lying and being situated in
�, Tarrant County, Texas , and described as follows, to-wit: BEING
a portion of Block 9 and Block 12, STARR ADDITION to the City
of Grapevine, Tarrant County, Texas, according to plat recorded
in Vol. 106, Page 287, Deed Records, Tarrant County, Texas , and
rnore particularly a portion of a 1.15 acre tract conveyed to
Mel Hobratsch, Trustee by Deed of record in Vol. 4647, Page 185,
Deed Records , Tarrant County, Texas, and being more particularly
described by metes and bounds as follows: BEGINNING at an iron
. pin in the South line of State Highway No. 114, said point being
the Northwest corner of said Hobratsch tract; THENCE N. 89 deg.
52 min. E. along the South R.O.W. line of State Highway 114,
115.0 feet to an iron pin at the Northwest corner of a tract of
land conveyed to Troy Smith, Inc. by Deed recorded in Vol. 5830,
Page 728, Deed Records, Tarrant County, Texas; THENCE S. 00 deg.
12 min. E. at 120.0 feet the Southwest corner of said Smith
tract, in all, Hobratsch tract; THENCE N. 00 deg. 12 min. W.
208.55 feet to the POINT OF BEINNING and containing 0.55 acres
of land; which was previously zoned "C-2" Community Business
District is hereby zoned "SP" Specific Use Permit District for
on premise consumption of alcoholic beverages , beer only, as
per the attached site plan and other uses as permitted under
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"C-2" Community Business District Zoning.
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SEC`1'TON 2. The City Manager is h�reby 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
Grapevin� 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 of promoting health,
safety, morals and the general welfare of the community.
They have been designed, with respect to both present
canditions 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-
portatian, 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 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 community.
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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 provisians 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 af 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 '1'HE CITY C�7UNCIL OF THE CI'I'Y OF
GRAPEVINE, TEXAS, this the 22nd _ day of Feb�u�r�_____�
1977.
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,�;:» —__'�� �2J `_Y
MAYOR
ATTEST:
_,,�.'�,�'����..��--
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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EXHIBIT "A" TO
ORDINANCE N0. 77-09 .
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