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HomeMy WebLinkAboutORD 1988-076 ORDINANC� NO. 88-76 AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANC� WITH SECI'ION 48 OF ORDINANCE NO. 82-73, Tf� CQNIPREI�3JSIVE ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE, Z�XAS SAD4E BEING ALSO iQVOWN AS APPENDIX ��D�� OF Tf� CITY CODE, BY GRANTING A CONDITIONAL ;���.::� USE PERMIT FOR POSSESSION, STORAC� AND RETAIL SALE OF OFF-PRII�IISE ALCOHOLIC B�EVERAGES (BEII2 ONLY) IN CONJUNCTION WITH TF� OPERATION OF A CONVENIEL�TGE STORE IN A ��'" DISTRICI' ZONED "CC" �iJNITY C'�'Il�RCIAL UNDER CITY OF GRAPEVINE ORDINANCE N0. 82-73 AT,T, IN ACCORDANCE WITH A SITE PLAN APPROVID PURSUANT TO SECTION 47 OF ORDINANGE NO. 82-73 AND ALL O'i�IER CONDITIONS, RESTRIC.TIONS AND SAFEGUARDS IMP'OSID HEREIN; CORREGTING Tf� OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF Tf� ZONING ORDIN�NCE; PROVIDING A GLAUSE REL,ATING TO SEVERABILITY; DETERMINING THAT TI� PUBLIC INTERESTS, MORAIS AND GEDTERAL WELFARE DII�ND Tf� ISSUANCE OF THIS OONDITIONAL USE PERMIT; PROVIDING A PEI�LTY NOT Zn EXCEED THE SIJM OF ZWO THOUSAND DOLL�2S ($2,000.00) AND A SEPARATE OFFENSE SHALs, BE DEII��D CONSMITi�D UPON EACH DAY DURING OR ON WHICH A VIOLATION OCC'�TRS; AND DEQ�ARING AN EN�RG�ICY Wf�REAS, an application was made requesting issuance of a conditional use "` � permit by making applications for same with the Planning & Zoning Can¢nission 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 tA 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 i�diately surrounding the site; safety frcan fire hazards and measures for fire control; protection of adjacent property from flood or water cl�mages, rioise 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 Pxpected tr� be generated by the proposed use around the site and in the i�iediate 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 pranotion 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 �.g.� Wf�REAS, 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 determ�nation 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 from same, the effect on the promc�tion 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�REA.S, 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 WHEREA.S, 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 WI�REAS, the City Council of the City of Grapevine, Texas, does find that �� there is a public necessity for the granting of this conditional use permit, that the public dema.nds it, that the public interest clearly requires the amenciment, 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 t�me their original investrnent was made; and WI�REA.S, 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 WI�REAS, 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 pr�te the general health, safety and welfare of this community. NOW, THEREF'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF TE� CITY OF �.,.:., GRAPEVINE, '1'EXAS: 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 san�e being also ]mown as Appendix "D" of the City Code, by granting a conditional use permit for the possession, storage and retail sale of off-premise alcoholic beverages (beer only) in a district zoned "CC" Community C�rcial under City of Grapevine Ordinance No. 82-73 within the property described as 3125 Ira E. Woods Avenue, 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 �hibit "A", and all other conditions, restrictions, and safeguards imposed herein: The City does grant a variance to the three hundred feet (300') rule pursuant to and in accordance with Chapter 4, Section 4-11(c) of the City of Grapevine Code of Ordinances, as reflected on the approved site plan. 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 pra�moting health, safety, mc�rals and the general v,�lfare of the c�ity. 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 frcen 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, sew�erage, 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 coa�miunity. 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 conununity. Section 5. This ordinance shall be c�nulative 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 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 m�re than ZWo Thousand Dollars ($2,000.00) , and each day such violation shall be permitted to e�ist 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 canunission 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 8. The fact that the present zoning ordi.nance 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 imnediate 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 .f�xa;;Ks' date of its final passage, and it is accordingly so ordaine . �� PASSID AND APPROVE� BY THE CITY COUNCIL OF THE CITY OF GR�PEVINE, TEXAS on this the 20th day of September ► 1988• APPROVED: �� Mayor ATi�ST: �.� � ... � � � � ���� �—T��� City- ecretary � , APPROVID AS TO FORM AND LEGALITY: ��.-.�:,:W�:-� �--. � City Attorney: EXHIBIT "A" , PAGE 1 TO ORDINANCE NO. 88-76 THE ENTIRE SITE IS THE PREMISE � t� +04 b�.y .�e �r � � [ � �31W�7 �u��F:�N�7 �� ��+eW ��..o�rwr � � E ���a _-- ____ '.".,:i�w rwir4�w � d � ��� f f dZd�! �{JdlS(1W _���_��._; . �� � a . �. . ;�- � 1 � � � , ��� �� �� ��� ���� �� ���� �� . � �-� � ' ' ' Q � f 1 • � . . ] • • t � v � D�t �_ _ � � _ 9 I r a � � n i � � �� � ' ' w �� x ' L . .I f c e A � ,-. �00 � � ° 0 ! 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