HomeMy WebLinkAboutORD 1983-061 ORD�:���IvCE NO. 83-61
��iv O':�DIiJANQ, �fNDIIVG ORDII�IANCE NO, 70-10,
`t� CCI�IPREEiIIVSIVE ZONIl`1G ORDINAI`1CC� OF THE
CITY OF GR1�PE'�7If1E, TEXA�, SAT� BEII�IG :LSO
Y�;Gt�1N AS APPII�IDIX "A" OF Tf� CITY CODE OF
GT�'�PEVINE, TEXAS, GRAl`�!'ING A ZONIPdG CHANGE
ON A T�CT OF LAND DESCI2TBID AS BEING A
LC�I', TP,ACT, OR P�IRCEL OF L11ND LYIivG AND
BEITdG SITUATID T�I TARRANT COiJI�]TY, TEXF�.S,
i�EIPdG A PAI�I' OF TI-� B. H. ST�R ABDITIGN,
IN � CI'I'Y OF GRAPEVIPTE, TEXAS, P��RE F[JLLY
?�JD COMPLEiL''LY DESCRIBID IN THE BODY OF
T�?IS ORDII�IANCE; ORDER.It�.TG A CH�T� IN THE
USE OF SAID PI'cOPERTY FFZOr�1 "C-2" CCY`M1tJNITY
BUSINESS ZONIi�TG DISTRICT UNDER ORDITIANCE
NO. 70-10 TO "S—P" SIZ`E PLAN ZONING
DISTRICT U1�iDER ORDINAN� NO. 82-73 FOR 'I�3E
STORAGE, POSSESSIOPd, RETAZL SALE, AND
ON—PRII�IISE CONSIJr•ZPZ'ION OF ALCOHOLIC
BEVERAGES IPdCIDENTAL � Tf-� OPERATION OF A
RESTAURAP�'I', ALL IN r'1CCORDANCE WITH A SITE
PLAN; CO�TING TF-� OFFICIAL ZONING b7AP; _
PRESERVING ALL OZ`f-LFR PORTIONS OF THE ZONING
ORDINF�1'10E; PROVIDING A CLAUSE REL�TING TO
SEVERABILITY; DETERMINING Z�iAT � PUBLIC
If�`I'ERESTS, MORAI�S AND G�IERIIL VJ�LFARE
DEMAND A ZONING CH�TGE AND Ab1IIVDMIl�IT
THEREIN MADE; PROVIDING A PEi�TALTY NCIr TO
EXCEID THE SL1M OF 'Iin70 �-NNDRID DOr,r�,R�
($200.00) AND A SEPARATE OFFEL�ISE SHAI.Z BE
DEE��1ID COMMITI'ID UPON EACH DAY DURING OR ON
��IIiICH A VIOLATION OCCURS; AND DECI,r'�RING AN
E[��1ERRGIIQCY
i�1��RF�AS, applications caere made to �nend the Official Zoning A�ap, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Co:�anission of the City of Grapevine, iexas, as reguired 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 requi�ements, conditions and prerequisites having been complied
with; and,
�r7�RF.AS, 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 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 irrunediately surrounding the site; sa.fety fram fire
hazards and measures for fire control, protection of adjacent property from
flood or water damages, noise producing elen�nts and glare of the vehicular
ar�d stationa�� 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 �rar.ediate neighborhocd, adequacy of parking as determined by
requirem�nts of this ordinance for off-street parking tacilities, 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,
�^��',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
rcquested change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dangers possibly present in the
sect.iring of safety from same, the effect on the prom�tion of health and the
general welfare, ef�ect on adecruate light and air, the effect on th�
overcrowding of tY:e land, the ef_fect on the concentration of population, the
ef.fect on the transportation; w��ter, sewerage, schools, parks and otller public
facilities; and,
6��5, the City Council further considered among other things the
character ot the district and its �culiar suitability for particular uses and
�vith the view to conserve the value of buildings, encourage the rrost
appropriate use of land throughout this city; and,
I
, ti�f���'�AS, the City Council of the City of Grapevine, Texas, does find that
, there is a public necessity �or the zoning change, that the pubLc d�nands it,
I that the public interest clearly requires the amenc�nent, that the zoning
changes do riot unreasonably invade the rights of those who bought or irr�roved
property c•�ith reference to the classification which existed at th� time their
original investrnent was made; and,
H�, the City Council of the City of Grapevine, Texas, does find that
the change in zoning lessens the cangestion in the streets, helps secure
safety from fire, panic and other clangers; promotes health and the general
welfare; provides ac�equate 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
requirem�nts; and, _
6��RL�S, 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 determined that there has been a change in the conditions of the
property surrounding and in close proxunity 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 co�mznity.
(
( NOW, Tf��'ORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF TI� CITY OF
GRAPEVINE, TEXI�S:
Section l. That the City of Grapevine Ordinance No. 70-10, being the
Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knaan as Appendix "A" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changecl in that the use of the following described
property, to�wit:
Being a tract of land out of the B. H. Starr Addition in the City of
� Grapevine, Tarrant County, Texas, more fully and completely described in
F�hibit "A", attached hereto and made a part hereof, which, in accordar�ce with
Comprehensive Zoning Ordinance No. 70-10, was previously zoned "C-2" Co�rnanity
Business Zoning District is hereby changed to "S-P" Site Plan Zoning District,
in accc�rda,.�ce with Cortprehensive Zoning Ordinance No. 82-73, for the storage,
possession, retail sale, and on-premi_se consu�tion of alcoholic beverages
incidental to the o�ration of a restaurant, all in accordance with a site
plan, attached hereto and made a part hereof as E�hibit "B".
Section 2. The City i�nager is hereby directed to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
zoning.
Sectian 3. That in all other respects the use of the 'rxact or tracts of
land herein above described shall 1� 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 zonir.g regulations and districts as herein
established have been made in accordance with the corrq�rehensive plan for the
purpose of promoting health, safety, morals and the general welfare cf the
ccirurnznity. 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 frcgn fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrc�wcting of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, sewerage, drainage and surface water,
�arks and other public requirements, arld to make adequate provisions for the
normai bus�ness, comar�rciai ne�s and development of the co�rnznity. i7iey have
been mwde �aith reasonable consideration, among other things, of tt^�e character
oz the district, �rAd its peculiar suitability for the particular uses and with
�� view of conservir�g the value of buildings and encouraging the most
appropriate use of land througnout the co�rniniLy.
Section 5. This ordinance shall be cluruzlative of all other ordinances ot
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
ordi.nance.
Section 6. That the terms and provisions cf this ordir.ance shall be
dePlned to be severable and that if the validity of the zoning affecting any
portion of tY�e tract or tracts of land described herein shall be declared to
be invalid, the sar�e shall not affect the validity of th� zoninct 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
requiremerits 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
pernlitted to erist 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 em�loyed in connection therewith,
and who may tiave assisted in the comnission 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, ar,d general welfare of the inhabitants of the City of
Grapevine, Te�as, creates an emergency for the it:�aediate 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
date or its final passage, and it is accordingly so ordained.
PASSr.."D AND APPI:OVID by the City Council of the City of Grapevine, Texas
on this the 20th day af September, 1983.
APPROVID:
�._,�\,
`�`_����`�
. P1�;�or Pro Tem
ATI�ST:
�
C�'��% `�J';��� i t �-�-
�% .
City Secretazy �'
APPROVID AS TO FORM P�� L�r:GALIT�':
City Attorney �
EXHIBIT "A" 'PO
ORDINANCE NO. 83-61
EXHIBIT "A"
BEING all that certain lot, tract or parcel of. land situated
in the City of Grapevine, Tarrant County, Texas, and described
as follows :
� BEING a portion of Lot 2 in Block 10, B. H. STARR Addition
to the City of Grapevine, Texas, being a portion of the same
land conveyed by Warranty Deed from Jackie Monroe Keener
and wife, Rose May Keener, of Grapevine to Clarence Edgar
Millican of Dallas, Texas, dated May 29 , 1965 , recorded in
Volume 4073 , Page 597, Deed Records , Tarrant County, Texas.
And being a portion of Lot l, Block 10; a portion of the
North one-half of Lot 2, Block 9; a portion of a 12-foot
wide strip of land lying between Lot 1, Block 10 and Lot
2, Block 9; and a portion of that portion of the South one-half
of, Lot 2, Block 9 lying North of the North right-o�'-way
line of State Highway No. 114 , all in the B. H. Starr Addition
to the City of Grapevine, Texas, all being a portion of the
same land conveyed by Warranty Deed from Nellie Juanita �
Millican to Clarence Edgar Millican dated March 8, 1965 ,
recorded in Volume 4042, Page 184 , Deed Records, Tarrant
County, Texas;
Beginning at a point 118 feet from the intersection of the
west line of Barton Street (40 foot wide right-of-way) with
. the north line of State Highway 114 , Business Route, (100
foot wide right-of-way) ;
Thence North, 167 . 98 feet along the west line of Barton
Street and the East Line of the Millican tract to an iron
rod set for the northeast corner of the Millican tract;
Thence South 89 degrees 06 minutes West, 135 feet along
the north line of the Millican tract to an iron rod set for
the Northwest corner;
Thence South 167 . 98 feet to a point for the southwest corner
in the south line of the Millican tract and the north line
of State Highway 114 , business route;
� Thence North 89 degrees 06 minutes East, 135 feet to the noin+
of_beginning.
EXHIBIT "E." TO
ORDINANCE NO. 83-61
136'
i��������_����_������
� I 'I
-� _-+�-°-�
-t— ��� --- �-
' � a.
�'! �
�----=� -- =4�iea. Y I.IGHT.
� � S 7D.
K17tH6N �NT.
L
C1 ..� CwM i(�Q .
yr � HA LL .�
1 � m
� =. ��s� — a �.
A
� �oa`-O°� �QW i ,' '° �
S y¢.-O
\ ,�
� �.=o
�
� � --
� �N
�
�
Pq/A/7EO
/�.9R K/NG �
STAlPES
�—� llGHi\ _
� . S 10,
� _ � � ' �
� �� U �
�
t
•� ' "• i' 1� aai��
,�� N r�sK.
� W��r<<w�eG�,rFs
a
�
_1
�
m
4Q� .
'- /sLANC7 .
.. 7-/� � '
ObLF_ II
S u ____
�.5=o��-r 3o-a`� ON-PREMIS�
135. o coNsuMpTloN
� __ _� _. PREMISE �
H. t v. / i -¢.
� ST,AT�'_ f�/GH/f�AY ��'¢
---� ,4 7" ��'�P7-D/�—STREET �
S= /�= 30� S / TE �L�l�