HomeMy WebLinkAboutORD 1988-074 ORDINANCE NO. 88-74
AN ORDINANC� ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
ORDINANCE NO. 82-73, THE CC�IPREHEI�SIVE
ZONING ORDINANCE OF THE CITY OF Q2APEVINE,
TEXAS SAME SEING ALSO IQJOWN AS APPII�iDIX ��D��
OF Tf� CITY CODE, BY GRANTING A CONDITIONAL
USE PERMIT FOR: (1) PLANNID CODM'tERCIAL
cnv�rEx; (2> � PossEsszoN, sTo�cE �m
�"�" RETAIL SALE OF OFF-PRFMZSE AL�(,'OHOLIC
E�EVF.RAGES (BEER ONLY) IN CONJUNCTION WITH
THE OPERATION OF A RETAIL FOOD STORE; AND
�. (3) A F'ORTY FOOT (40' ) . 288 SQUARE FEET
POI,E SIGN IN A DISTRICT ZONID "CC"
CON�![JNITY CONJNIERCIAL UNDER CITY OF
GRAPEVINE ORDINANGE NO. 82-73 ALL IN
ACCORDAN(� WITH A SITE PLAN APPRfJVED
PURSUANT TO SECI'ION 47 OF ORDINANCE
NO. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAF�GUARDS INIPOSID HEREIN;
CORRECrING Tf� OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF TI� ZONING
ORDINANCE; PROVIDING A C�L,AUSE RELATING TO
SEVERABILITY; DETERMINING THAT TI� PUBLIC
INTERESTS, MORALS AND GEnTERAL WELFARE
DEMAND THE ISSUANCE OF THIS CONDITIONAL USE
PERMIT; PROVIDING A PENALTY NOT 'Ib F,XC.F�'D
THE SUM OF 'I'[n� THOUSAND DOLLARS ($2,000.0 0)
AND A SEPARATE OFF�NSE SHALL BE DF�:n
CONJMITTED UPON EACEi DAY DURING OR ON WHICH
A VIOLATION OCCURS; AND DECLARING AN
F��'RGELVCY
WHERF�AS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning C�unission
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
WI�REA.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 this requested conditional use permit
should be granted or denied: safety of the motoring public and the
pedestrians using the facilities in the area inmlediately surrounding the site;
safety fran 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 imnediate 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 prcxnotion of health and the general
welfare; effect on light and air; the effect on the overcrowr�ing 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
heari.ng 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 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 fran san�, the effect on the promption 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
Wf�RF,AS, 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
Wf�RE,AS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the granting of this conditional use pezmit,
that the public demands it, that the public interest clearly requires the
�� amendmsnt, 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 investsnent was made; and
:���
Wf�R�,AS, the City Council of the City of Grapevine, Texas does find that
the 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 public
requirements; and
Wf�RFA.S, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this 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 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, Tf�REFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TI� CITY OF
GRAPEVINE� TEXAS:
; Section 1. That the City does hereby issue a conditional use permit in
accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning
Ordinance of the City of Grapevine, Texas same being also ]Q-iown as Appendix
��� "D" of the City Code, by granting a conditional use permit for (1) planned
Eo�m�rcial center; (2) the possession, storage and retail sale of off-premise
alcholic beverages (beer only) in conjunction with the operation of a retail
food store; and (3) a forty foot (40') , 288 square feet pole sign in a
district zoned "CC" Community Ca�nercial under City of Grapevine Ordinance
No. 82-73 within the property described in Exhibit "A", attached hereto and
made a part hereof, all in accordance with a site plan approved pursuant to
Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as
Exhibit "B", and all other conditions, restrictions, and safeguards imposed
herein: Limited to a total of five (5) pole or ground signs to the planned
co�nercial center, two (2) pole or ground signs located as shown on the
approved site plan with three (3) pole or ground signs meeting the
requirements of Section 60.
Section 2. The City Manager is hereby directed to amend the official
zoning map of the City of Grapevine, Texas, to reflect the herein conditional
use permit.
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 promoting health, safety, m�rals and the general w�lfare of the
comnunity. 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, co�¢nercial needs and develo�anent 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 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 �cept 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 i.nvalid, 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 'It,vo 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 cca�unission 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 oourt 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 w�elfare 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 fran and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND A1'PROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE� TEXAS
on this the 20th day of Sept�t�r _, 1988.
APPROVED: .
\ �..-�..
�M
Mayor
A�ST:
��
� ,��.� ���e
,
City' Secretary � �
/W
�
APPROVED AS Zb FORM AND LEGALITY:
�,,�_-�--_---
wr ��' � !�`"
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 88-74
8-25-88
PARK AND WALL ADDITION
PROPERTY DESCRIPTION
� BEING A TRACT OR PARCEL OF LAND IN THE THOMAS MAHAN SURVEY,
ABSTRACT NO. 1050 , THE AMBROSE FOSTER SURVEY, ABSTRACT NO. 518,
�`" '� THE T. EASTER SURVEY, ABSTRACT NO. 458 , AND THE T. EASTER SURVEY,
ABSTRACT NO. 474, AND INCLUDING PARTS OF LOTS 1, 2, AND 3 OF THE
LUTHERAN CHURCH ADDITION AS RECORDED IN VOLUME 388-156 AT PAGE 42
�v� OF THE TARRANT COUNTY PLAT RECORDS, AND ALL BEING IN THE CITY OF
GR�PEVINE, TARRANT COUNTY, TEXAS AND DESCRIBED MORE PARTICULARLY
AS FOLLQWS;
BEGINNIN� AT A POINT ON THE SOUTH . RIGHT—OF—WAY LINE OF STATE
HIGHWAY IedO. 114 BUSINESS (A 100 FOOT R.O.W. ) ; SAID POINT BEING
THE NOR�AST CORNER OF A THE GTE TRACT RECORDED IN VOLUME 4 6 6 8
AT PAGE 203 OF THE TARRANT COUNTY DEED RECORDS;
THENCE S 89° 49 ' S6" E ALONG SAID SOUTH LINE OF S.H. NO. 114
BUSINESS . A DISTANCE OF 173 . O1 FEE'?' TO A 1/2 INCH IRON P.QD FOR
CORNER; �
TFiENCE S 31° 00 ' 22" W AND DEPARTING SAID SOUTH LINE OF S.H. NO.
114 BUSINESS, A DISTANCE OF 104.08 FEET TO A 1/2 INCH IRON ROD
FOR CORNER;
THENCE S 07° 12 ' 15" W, A. DISTANCE OF 260.00 FEET TO A 1/2 INCH
IRON ROD FOR CORNER;
� THENCE S 44° 12 ' 15" W, A DISTANCE OF 50. 00 FEET TO A I/2 INCH
� , IRON ROD FOR CORNER;
THENCE S 27° 04 ' 14" W, A DISTANCE OF 117.90 FEET TO A 1/2 INCH
�°s�� IRON ROD FOR CORNER;
THENCE N 84° 24 ' 48" W, A DISTANCE OF 58 . 34 FEET TO A 1/2 INCH
IRON ROD FOR CORNER;
THENCE S 00° 03 ' 17" W, A DISTANCE OF 533 . 42 FEET TO A 1/2 INCH
IRON ROD FOR CORNER; SAID IRON ROD LYING ON THE NORTH LINE OF
WEST WALL STREET (A VARIABLE R.O.W. ) ; '
THENCE N 85° 44 ' 21" W ALONG THE SAID NORTH R.O.W. OF WEST WALL
STREET, A DISTANCE OF 428. 29 FEET TO A POINT FOR CORNER;
THENCE N 79° 33 ' 04" W, CONTINUING ALONG SAID NORTH LINE OF WEST
WALL STREET, A DISTANCE OF 206 . 34 FEET TO A POINT FOR CORNER;
THENCE N 66° 16 ' 20" W CONTINUING ALONG SAID NORTH LINE OF WEST
WALL STREET, A DISTANCE OF 1�14.54 ' FEET TO A POINT FOR CORNER;
THENCE N 51° 19 ' 32" W CONTINUING ALONG SAID NORTH LINE OF WEST
WALL STREET, A DISTANCE OF 61. 50 FEET TO A POINT FOR CORNER; .
� . .
� ' �-
� .
—1—
' THENCE N 72° 31' 07" E, A DISTANCE OF 11.13 FEET TO A POINT FOR
CORNER;
THENCE N 16° 21 ' 45" E, A DISTANCE OF 124 .80 FEET TO THE
, BEGINNING OF A CURVE TO THE LEFT;
THENCE ALONG SAID CURVE TO THE LEFT HAVING A CENTRAL ANGLE OF 48° �
02 ' 27" , A RADIUS OF 400. 50 FEET, AND A LENGTH OF 335 . 81 FEET TO
THE END OF SAID CURVE TO THE LEFT; �
THENCE N 31° 40 ' 42" W, A DISTANCE OF 95.74 FEET TO THE BEGINNING
OF A CURVE TO THE RIGHT;
THENCE ALONG SAID CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 32°
12' S7" , A RADIUS OF 467. 61 FEET, AND A LENGTH OF 262. 92 FEET TO ��+
THE END OF SAID CURVE TO THE RIGHT; '�
TFiENCE N 00° 32' 15" E, A DISTANCE OF 35.09 FEET TO A POINT FOR �� "
CORNER;
THENC� N 48� 38 ' Q?" t:� A DIST'?,�:CE OP' 13 . Q7 F�ET TC A PCINT FCR
CORNER; SAID POINT LYING ON THE RFOREMENTIONED SOUTH R.O.W. LINE
OF S.H. NO. 114 BUSINESS;
THENCE N 82° 11 ' 31" E, ALONG SAID SOUTH LINE OF S.H. NO. 114
BUSINESS, A DISTANCE OF 234.91 FEET TO A POINT FOR CORNER;
THENCE S 89° 49 ' S6" E CONTINUING ALONG SAID SOUTH LINE OF S.H.
NO. 114 BUSINESS A DISTANCE OF 37. 35 FEET TO A POINT FOR CORNER;
' THENCE S 00� 39 ' 32" W, A DISTANCE OF 188 . 98 FEET TO A POINT FOR �
CORNER;
', THENCE S 31° 40 ' 42" E, A DISTANCE OF 136 . 64 FEET TO A POINT ON
THE SOUTH LINE OF AFOREMENTIONED LOT 2 OF THE LUTHERAN CHURCH
ADDITION;
THENCE S 89° 58 ' 55" E ALONG SAID SOUTH LINE OF LOT 2, A DISTANCE
OF 289.54 FEET TO A POINT AT THE SOUTHEAST ,CORNER OF SAID LOT 2; ,��
THENCE N 00° 39" 39" E ALONG THE EAST LINE OF SAID LOT 2, A
DISTANCE OF 304 . 30 FEET A POINT LYING ON THE AFOREMENTIONED SOUTFi ��'
LINE OF S.H. NO. 114 BUSINESS;
�, THENCE S 89° 49 ' 56" E ALONG SAID SOUTH LINE OF S.H. NO. 114
I, BUSINESS, A DISTANCE OF 164.19 FEET TO A POINT FOR CORNER; SAID
'�, POINT BEING THE NORTHWEST CORNER OF SAID GTE TRACT RECORDED IN
�I VOLUME 4668 AT PAGE 203 ;
I �
' THENCE S 00° 10 ' 06" W ALONG THE WEST LINE OF SAID GTE TRACT, A
' DISTANCE OF 217.99 FEET TO THE SOUTHWEST CORNER OF SAID GTE
TRACT;
' .
I THENCE S 89° 49 ' 56" E ALONG THE SOUTH LINE OF SAID GTE TRACT, A
' DISTANCE OF 200.00 FEET TO THE SOUTHEAST CORNER OF SAID GTE
', TRACT; �
� THENCE N 00° 10 ' 06" E ALONG THE EAST LINE OF SAID GTE TRACT, A
� DISTANCE OF 217 .99 FEET TO THE POINT OF BEGINNING AND CONTAINING
723 ,627 SQUARE FEET OR 16.6122 ACRES OF LAND, MORE OR LESS.
��
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EXHIBIT "B" TO
ORDINANCE NO. 88-74
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