HomeMy WebLinkAboutORD 1984-077 ORDINANCE NO. 84-77
AN ORDINANCE AMET]DING O�INANCE NO. 82-73,
Tf� COMPRII�ISIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, Z�S, SAME BEING AISO
KNOV�IN AS APPENDIX "D" OF '1'HE CITY CODE OF
C�2APEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF I�1ND DESCRIBID AS BEING A
„� IiOT, TRAC,'T, OR PARCEL OF I�ND LYING AND
BEING SITt7ATID IN TARRANT COUN'I'Y, Z�XAS,
BEING A PART OF TI� NORTHWEST PLAZA SHOP-
PING CENTER ADDITION TO THE CITY OF GRAPE-
VINE, 'I'Ex��.S, 1�lfJRE FUI�Y AND COMPLEI�I,Y
DFSCRIBID IN THE BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN TI� USE OF SAID PR(J-
PERTY FROM "HC" HIGHWAY CON�IAL ZONII�TG
DISTRICT TO "SP" SITE PLAN ZONING DISTRICT
FOR THE STORAGE, POSSFSSICIN, RETAIL SAI�E,
AI�ID ON-PRII"IISE CONStJN1Pr!'IO1V OF ALCOHOLIC
BEVERAGES INCIDENTAL TO THE OPERATION OF A
RESTAURANT AIS, IN A�CORDANCE WITH A SITE
PLAN, AND F'�Jl�i'HER PROVIDING ALL 0'I'f�IER USES
AS PERMITTID IN THE "HC" HIGIiWAY CONA�ERCIAL
ZONING DISTRIC�I'; COR�i'ING 'I�3E OFFICIAL
ZONING MAP; PRFSERVING ALL O�iER PORTIONS
OF THE ZONING ORDINANCE; PR/JVtDING A CI.�JSE
REI,ATING TO SEVERABILITY; DEI'ERMINING THP,T
THE PUBLIC INTERESTS, MCJRALS AND GENERP,L
WEL�'ARE DIIKAI�ID A ZONING CE-IANGE AND AN�1D-
MEN`!' Tf�lEFtEIN MADE; PRC�VIDING A PET��LTY NOT
TO EXCEID TI� SUM OF ONE THOUSAND DOT T�ARS
($1,000.00) AND A SEPARATE OF'r�ISE SHALL BE
DEF�'1ED COMMITI'ID UP(�1 EACH DAY DURING OR ON
�� WHICH A VIOLATION OCCURS; AND DECI�ARING AN
II�RGENCY
WHERF,AS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for sam�e with the Planning & Zoning
Cammission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances 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 requir�nts, conditions and prerequisites having been ccxnplied
with; and,
WE�REA.S, 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 detern►ination as to whether these requested changes should be granted
or denied; safety of the nx�toring public an�d the pedestrians using the
facilities in the area in�nediately surrounding the site; safety frcen 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
�r"� site and in the imnediate 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 pr�tion of health a.nd the general welfare, effect on light and
air, the effect on the overcrawding of the land, the effect on the
concentration of papulation, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
WHE�tE�S, 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 deternnination 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 frc�n same, the effect on the prcHmtion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
W'F�RE1�S, 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 thraughout this city; and,
HII�REI�S, the City Council 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 amnendment, 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 investzrient was made; and,
WHERF'.AS, 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 fran fire, panic and other dangers; pro�tes health and the general
welfare; provides adequate light and air; prevents the overcrcywding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
HIf�REAS, the City Council of the City of Grapevine, Texas, has deterntined
that there is a necessity and need for this change in zoning and has also
found and detenc�ined 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 garticular 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 pramc�te the general
�' health, safety, and welfare of this comrnuzity.
� NOW, Tf�'ORE, BE IT O�AINID BY Z'f� CITY COUNCIL OF THE CITY OF
GRAPEVINE� TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Ccxnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the
same is hereby an�ended and changed in that the use of the following described
property, to-wit:
Being a tract of land in the Northwest Plaza Shopping Center Addition to
the City of Grapevine, Tarrant County, Texas (1689 West Northw�st Highway)
which was previously zoned "HC" Highway C�rcial Zoning District is hereby
changed to "SP" Site Plan Zoning District for the storage, possession, retail
sale, and on-premise constunption of alcoholic beverages incidental to the
operation of a restaurant in accordance with site plans, attached hereto and
made a part hereof as Exhibits "A" & "B", and further providing all other uses
as permitted in the "HC" Highway Cai�ercial Zoning District, all in accordance
with Ccxnprehensive Zoning Ordinance No. 82-73, as amended.
Section 2. The City Manager is hereby directed to correct the official
zoning map of the City of Grapevi.ne, 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 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 camprehensive plan for the
purpose of pranoti.ng health, safety, nx�rals and the general welfare of the
canmiznity. They have been designed with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future,
to Iessen congestion in the streets; to secure safety fresn fire, panic, flood
ar�cl other dangers; provide adequate light and air; to prevent overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
parks arbd other public require�ents, and to make adequate provisions for the
normal business, camnercial needs and develo�xnent of the co�Ymunity. 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 camnunity.
Section 5. This ordinance shall be ctmnxlative of all other ordinances of
��ry 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
dee�ned to be severable an�d 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 camply therewith, or with any of the
requiren►ents thereof, or who shall build or alter any building or use in
violation of any detailed statanent or plan sulanitted and approved hereunder,
shall be guilty of a misde�neanor 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 awner or awners
of any buildi.ng or preqnises, or part thereof, where anything in violation of
this ordinance shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporatian employed in connection therewith,
ar�d who may have assisted in the ccmnission 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 pawer 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 healtiz,
safety, mc�rals, peace, and general w�lfare of the inhabitants of the City of
Grapevine, Texas, creates an e�ciergency for the im�diate 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 APPR�VED by the City Council of the City of Grapevine, Texas
on this the 30th day of October, 1984.
APPROVID:
� r�
Mayor
ATI�.ST:
�..,.�
Q,
Cit Secretary
APPROVED AS TO FORM AND LEC'�ALITY:
� �� _
City Attorney