Loading...
HomeMy WebLinkAboutORD 1989-039 ORDINANCE NO. g9-39 AN ORDINANCE AMENDING A CONDITIONAL USE PERMIT ORDINANCE N0. 85-66 FOR THE STORAGE, POSSESSION, RETAIL SALE, AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) IN CONJUNCTION WITH THE OPERATION OF A CONVENIENCE STORE IN ACCORDANCE WITH " SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS SAME BEING ALSO KNOWN AS �,Y� APPENDIX "D" OF THE CITY CODE, BY AMENDING THE LANDSCAPING PLAN IN A DISTRICT ZONED "HC" HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND THE AMENDMENT OF THE SAID CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000 . 00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE , WHEREAS, an application was made requesting issuance of an amendment to conditional use permit Ordinance No. 85-66 by making applications for same with the Planning & Zoning Commission of � the City of Grapevine, Texas, as required by State statutes and the zoning ordinance 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 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 this requested amended conditional use permit 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 adeguacy 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 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 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 amended conditional use permit 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 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 WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a �.,, :. public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and 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 granting of this amended conditional use permit, 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 investment was made; and WHEREAS, the City Council of the City of Grapevine, Texas does find that the amended conditional use permit lessens the congestion in the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other pubiic requirements; and WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this amended conditional use permit 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 the issuance of this amended conditional use permit 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That the above and foregoing preamble is hereby incorporated herein and made a part hereof as if copied herein in its entirety. Section 2 . That Ordinance No. 85-66 of the City of Grapevine, Texas (the "City" ) , which ordinance granted a conditional use permit on Lot 3, Block 1 of the A. F. Leonard 4 Addition (also known as 506 and 510 East Northwest Highway) for the storage, possession, retail sale and off-premise consumption of alcoholic beverages (beer only) in conjunction with the �*Y � operation of a convenience store and in accordance with a Site Plan (the "Site Plan" ) , is hereby amended by amending the Landscaping Plan portion of the Site Plan, which amended Landscaping Plan is attached hereto as Exhibit "A" and incorporated herein and which shall be and is hereby made a part of the Site Plan, all in accordance with and as provided by Sections 47 and 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine. All other conditions, restrictions, and safeguards imposed herein: Provide curb and necessary paving along Dooley Street from the intersection of Northwest Highway and Dooley Street to the northern most portion of the driveway on Dooley Street. Section 3 . That all provisions of conditional use permit Ordinance No. 85-66 not amended herein shall not be amended and are hereby ratified and reaffirmed herein. Section 4 . The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein amended conditional use permit. Section 5. 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 6 . That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of 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 overcrowding 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, 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. Section 7 . 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 8 . 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 9 . 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 Two Thousand Dollars ($2, 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 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 " 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 10. 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 is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 16th day of May , 1989 . APPROVED: . '���.f-!Z=-��. Mayor ATTEST: . � � City Secretary APPROVED AS TO FORM AND LEGALITY: City Attorney �.,..�