HomeMy WebLinkAboutORD 1983-046 ORDINANCE N0. 83-46
AN ORDINANCE ANIII�IDING ORDINANCE NO. 70-10,
THE COMPREEIII�ISIVE ZONING ORDINANCE OF �
CITY OF GRAPEVINE, TEXAS, SAN� BEING ALSO
KNOWN AS APPII�lDIX "A" OF � CITY CODE OF
GRAPEVINE, TEXA.S, GR�1NrI'ING A ZONING CHANC�
ON A TRACT OF LAND DESCRIBID AS BEING A
IfJT, TRACT, OR PARCEL OF L�ND LYING AND
BEING SITUATID IN TARRANI' COUNTY, TEXAS,
BEING A PAFZ'I' OF � A. FOSTII2 SURVEY,
ABSTRACT NO. 518 AND Tf� T. MAHAN SURVEY,
ABSTRACT N0. 1050, IN TE� CITY OF
GRAPEVINE, TEXAS, MORE FULLY AND COMPL�.�LY
DESCRIBID IN Tf� BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN THE USE OF SAID
PROPERTY FROM "C-2" COM[�1[TNITY BUSINESS
ZONING DISTRICT UNDER ORDINANCE NO. 70-10
TO "S—P" SITE PLAN ZONING DISTRICT UNDER
ORDINANC� NO. 82-73 (1) FOR 'I�TE STORAGE,
POSSESSION, R�,'I'AIL SALE, AND ON—PREMISE
CONSUMP'rION OF ALCOHOLIC BEVERAGES INCI—
DENTAL TO Tf� OPERATION OF A RESTAURANr;
(2) FOR TF� STORAGE, POSSESSION, RETAIL
SALE, AND ON—PRE�•'tISE CONSUI�IPTION OF
AI�COHOLIC BEVERAGES INCIDENTAL � TF�
OPERATION OF A RESTAURANT IN CONJUNCTION
WITFi A RACQLTEI'BALL CLUB; AND (3) FOR THE
STORAGE, POSSESSION, RETAIL SAI�, AND
OFF—PRF�LZSE CONSUMPr.CION OF AL�C.'OHOLIC
BEVERAGES (BEER ONLY) INCIDII�TAL 'PO TF�
OPERATION OF A GROCERY STORE; PROVIDING
SCREII�TING REQUIRII�rS; AND FURTHER
PROVIDING ALL OTF�R USES AS PERMITI'ID IN
TE-� "C—C" CON1Ni[JNITY COTMZERCIAL ZONING
DISTRICT, ALL DELINEATED ON AND IN
ACCORDANC� WITH A SITE PLAN; CORE2DCrING THE
OFFICIAL ZONING MAP; PRESERVING ALL OrI'f-IER
PORTIONS OF � ZONING ORDINANCE; PROVIDING
A Q,P,USE RII�TING 'I�0 SEVERP.BILITY;
DEI�RMINING THAT TI� PUBLIC 7_NI'ERESTS,
MORALS AND GENERAL� WELFARE DEMArID A ZONING
CEiANGE AND AMIIVDMEN'I' Tf�REIN MADE;
PROVIDING A PIIJALTY N(7I' TO EXCEED THE SUM
OF TWO HUNDRID DOLLAFLS ($200.00) AND A
SEPARATE OFFE[�TSE SHALL BE DEE�'� CObM�LZTl�
UPON EAC�i DAY DURING OR ON WHICH A
VIOLATION OCCUFtS; AND DECLARING AN
II�GF�TCY
WHERF,I�S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Camm.ission of the City of Grapevine, Texas, as required by State statutes and
th� 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, T�as, after all
legal notices requirements, conditions and prerequisites having been com�lied
with; and,
[nfHEREA�g, 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 these requested changed should be granted
or denied; safety of the motoring public and the pedestrians using the
facilities in the area imr�diately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing eleements 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 adec�.lacy of width
for traffic reasonably expected to be generated by the proposed use around the
site and in the iumlediate 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,
Wf�REAS, the City Council of the City of Grapevine, Teyas, at a public
hearing called by the City Council of the City of Grapevine, Texas, did
consider the follawing factors in making a determination as to �;�ether 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 fran sar.le, 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,
W�IER�.,AS, 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 m�st
appropriate use of land throughout this city; and,
titi�f-1F,RF.AS� 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 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 investrnent was made; and,
WHEREA.S, the City Council of the City of Grapevine, T�as, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; promotes health and the general
welfare; provides adequate light and air; prevents the overcrawding of land;
avoids undue concentration of population; facilitates the adequate provisions
of ' transportation, water, sewerage, schools, parks and other public
requi.rements; and,
HI�REIIS, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this change in zoning 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
a change in zoning classification 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 conanunity.
NUW, THII�ORE, BE IT ORDAINID BY 'I'� CITY COUNCIL OF Tf� CITY OF
GRAPEVINE, 'I�'�AS:
Section l. That the City of Grapevine Ordinance No. 70-10, being the
Ccxrq�rehensive Zoning Ordinance of the City of Gr�pevine, Texas, same being
also kncx,m as Append� "A" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed' in that the use of the following descri.bed
property, to-�wit:
Being a tract of land out of the A. Foster Survey, Abstract No. 518 and
the T. Mahan Survey, Abstract No. 1050, m�re fully and competely described in
E�hibit "A", attached hereto and made a part hereof, which, in accordance with
Coat�prehensive Zoning Ordinance No. 70-10, was previously zoned "C-2" Ccx�m�uzity
Busi.ness Zoning District is hereby changed to "S-P" Site Plan Zoning District
in accordance with C��rehensive Zoning Ordinance No. 82-73 (1) For the
storage, possession, retail sale, and on-premise consutrg�tion of alcoholic
beverages incidental to the operation of a restaurant; (2) For the storage,
possession, retail sale, and on-pr�nise consumption of alcoholic beverages
incidental to tl-ie operation of a restaurant in conjuncticn �aith a racquethall
club; and (3) For the storage, possession, retail sale, and off-premise
consur.tption of alcoholic beverages (beer only) incidental to the operation of
a grocezy store, providing for a solid, six-foot (6') screening fence on the
southern property line of said tract, and further providing all other uses as
pezm.itted in the "C-C" Commsnity Corrrrercial Zoning District, all delineated on
and in accordance with a site plan, attached hereto and made a part hereof as
E�.hi.bit ��B��.
Section 2. The City Manager is hereby directed to correct the official
zoning map of the City of Grapevine, 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 othe� applicable
� and pertinent crdinances of the City of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein
established have been made in accordance with the cariprehensive plan for the
pui�pose of promoting health, safety, rrnrals and the general welfare of the
can4nunity. 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 fran fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
pravisions of transportation, water, sewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
norn�al business, comrercial needs and develo�xnent of the conmlunity. They have
been made with reasonable consideration, ampng 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 co�rnuzity.
Section 5. This ordinance shall be ctunulative 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 af fecting any
portion of the tract or tracts of land descri.bed 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 descr�bed herein.
t
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 two hundred dollars ($200.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The owner or awners
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 c�mission 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 p�aer to enforce
the provisions of this ordinance th�-ough 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 inadequat�e to properly safeguard the health,
safety, mr�rals, 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 frcgn and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID by the City Council of the City of Grapevine, Texas
on this the 16th day of August, 1983.
APPROVED:
�r� . ' �;
Mayor
ATI'EST:
� .�,��� �-��% ���..� .
City Secretary '
APPROVED AS TO FORM AND LEGALITY:
�
__._ _ .. _�
-- /:�
;\` ,.-_
�" y� (
.� � � ��`` n�
City Attorney `� �-
. EXHIBIT "A" TO
, ORDINANCE N0. 83-46
LEGAL DESCRIPTION
COMMENCING at a point in the center of Keller-Grapevine
Road (Wall Street) , said point being by deed call 2890 . 3 feet
West and 622. 23 feet South of the Northeast corner of the A.
Foster Survey , said point being the Southeast corner of a tract
of land described in Volume 1815, Page 349 , Deed Records,
Tarrant County, Texas;
THENCE N 00° - 36 ' W 29 . 6 feet to an iron pin in the North
right-of-way line of said Road;
THENCE S 78 ° - 38 ' W 286 . 3 feet along the North right-of-
way line of said Road to_ an iron pin;
THENCE N 00° - 36 ' W 377 . 7 feet to an iron pin at the most
Easterly Southeast corner and the POINT OF BEGINNING of the
herein described tract;
THENCE S 89° - 24 ' W 591 . 3 feet to an iron pin for corner;
THENCE N 05° - 43 ' W 598 . 5 feet to an iron pin in the South
right-of-way line of State Highway No. 114 ;
THENCE N 89° - 49 ' E along said South right-of-way line
585. 8 feet to an iron pin for corner;
THENCE S 00° - 41 ' E 338 . 5 feet to an iron pin for corner;
THENCE N 85° - 41 ' E 58 . 6 feet to an iron pin for corner;
THENCE S 00° - 36 ' E 257 . 3 feet to the POIDIT OF BEGINNING
and containing 7 . 97 acres of land.
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