HomeMy WebLinkAboutORD 1987-026 ORDINANCE NO. 8 7-2 6
AN ORDINANCE ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITfi SECTION 48 OF
ORDINANCE N0. 82-73, THE COMPREHII�TSIVE
ZONING ORDINANCE OF Tf� CITY OF GRAPEVINE,
TEXAS SANIE BEING ALSO I�TOWN AS APPE�IDIX "D"
OF THE CITY CODE, BY GRANI'ING A CONDITIONAL
USE PERMIT FOR GASOLINE SALES AND AN
AUZ'OMATID CARWASH FACILITY IN CONJUNCPION
' WITH THE OPERATION OF A CONVEDIIINCE STORE
IN A DISTRICT ZONID "CC" CODMZUNIJNITY
CONIlHERCIAL UNDER CITY OF GRAPEVINE ORDI-
NANCE 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 SAFEGCTARDS
IN�OSID HEREIN; CORRECTING THE OFFICIAL
ZONING MAP; PRESERVING ALL OZ�iER PORTIONS
OF THE ZONING ORDINANCE; PROVIDING A CLAUSE
RII�ATING TO SEVERABILITY; DE:PERMINING THAT
TI� PUBLIC INTERESTS, MORALS AND GENERAL
WELFARE DEMAND THE ISSUANCE OF THIS
CONDITIONAL USE PERMIT; PROVIDING A PENALTY
NOT TO EXCEID THE SUM OF ONE THOUSAND
DOLLARS ($1,000.00) AND A SEPARATE OFFEDISE
SHAI� BE DEII��D COMNLTTTID UPON EACH DAY
DURING OR ON WHICH A VIOLATION OCCURS; AND
D�RING AN EMERGENCY
W�, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Conmission
'�""' 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
Wf�REAS, 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 �diately surrounding the site;
safety frcgn fire hazards and measures for fire control; protection of adjacent
property fran 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, liqhting, 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 inmediate neighborhood; adequacy of
parking as determined by requir�nents 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 overcrowcling of the land;
the effect on the concentration of population; the effect on the
transportation, water, se�rage, schools, parks and other facilities; and
w� WI�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 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 same, the effect on the prcgnotion 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, sew�xage, schools, parks
and other public facilities; and
Wf�REAS, all of the requirements of Section 48 of Ordinance No. 82-73
have been satisfied by the sul�►ission 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
WHr,REA.S, 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 demands it, that the public interest clearly requires the
amenc�nent, 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
Wf�RE',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 fran 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�REA.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 caelfare of this comnunity.
NOW, THIIZEFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE 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 knawn as Appendix
"D" of the City Code, by granting a conditional use permit for gasoline sales
and an automated cazwash facility in conjunction with the operation of a
convenience store in a district zoned "CC" Community Co�rtercial 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: None.
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, morals and the general welfare of the
community. They have been designed with respect to both present conditions
and the conditions reasonably anticigated to exist in the foreseeable future;
� to lessen congestion in the streets; to secure safety frcm fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrov�ling 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 develo�xnent of the comnunity. 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 conanunity.
Section 5. This ordinance shall be ctmlulative 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 su�mitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than One Thousand Dollars ($1,000.00) , 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 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 fran and after the
�" date of its final passage, and it is accordingly so ordained.
�� PASSID AND APPROVED BY THE CITY COUNCIL OF Tf� CITY OF GRAPEVINE, TEXAS
on this the lst day of Ma� , 1987.
APPROVED:
yor
ATTEST:
City ecretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" TO
ORDINANCE N0. 87-26
�_.r_. -
• � � BEING a 1.735 acre troct of land out of the Harrision Decker Survey, Abstract PJo. 438, in �.. .
.. ..the City of Grapevine, Tarront County, Texas, and being a portion of a 7.0 acre troct of �
land as recorded in Volume 3021, Poge 187 of the Deed Records of Tarrant County Texas, �� -
..
' � ' �and being more particularly described as follows: � . • .
. � ,� . . . .
� DEGIN�IINC� at a point in the southeasterly right-of-way of State Highway No. 26, lying • .
South 54 degrecs 22 minutes 16 seconds West 523.52 feet from an iron pin for the
northeast corner of said 7.0 acre tract; �
� �
� > THE�ICE So�tt� 00 degrees I I minutes 00 seconds West 345.67 feet to a point in tl�e south
Iine of said 7.0 acre t�act, also being the north right-of-way line of Mustang Drive; .
THENCE with the south line of said 7.0 acre tract North 89 degrees �t9 seconds 00 minutes
West 285.05 feet to an iron pin for the beginning of a curve to the right having a radius of
62.69 feet;
� ,THENCE along said curve, through a central angle of 144 degrees I I minutes 16 seconds, �
an orc distance of 157.76 feef to a point in the soutt�easterly right-of-way line of said
State Highway No. 26; . -.
. • _ � �
• �THENCE �lortl� 54 degrees 22 minutes 16 sPconds East 39b.74 feet t�o tl�e PO(NT OF
_ BEGINNIMG, and containing 1.735 acres of land, more or less.
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