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HomeMy WebLinkAboutORD 1983-084 OI�DZTvAI�;CE NO. 83-84 ?Td O:�DIIvANCE AP•�1DING ORDINANCE NO. 70-10, THE CCP�PREFIE�vSIVE ZONII�?G ORDINANCE OF THE CI i'� OF GRAFEVINE, TF�S, :�� BEING ALSO I�IOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVI'�i1E, �i`�S, GRAI��TING A ZONING C.'H11NGE ON A TRACT OF I�11ND DESCRIBID AS BEING A I�OT, TP,ACT, OR PARC�L OF LAND Ll'ING AND � BEIl�IG SITUATED IN TARRAIVT COUN'I'Y, 'I'EXAS, BEING I,C?TS 5A & SB, BIIJCI� 8 OF THE W. C. LUCAS ADDITION, IN Tf� CITY OF GRAPEVINE, T�X.AS, MORE F[JI.�,Y AND �MPI�'I.�LY DESCRIBID IN THE BCDY OF THIS ORDINANC�; ORDERING A Q�AI�IGE Ii�I Tf� USE OF SAID P�PERTY FROM "SP" SPECIFIC USE PII��IIT DISTRICT UNDER ORDINANCE NO. 70-10 FOR THE STORAGE, RETAIL SPT,E, AND OFF—PREMISE CODISUMP'.PIOl`7 OF AI�COHOLIC BEVE�AGES (BEER ONLY) INCIDENTAL �O THE OPF�TION OF A CONVEDIIEDICE STORE AND GASOLINE SERVICE STATION AND PROVIDING OTHER REQUIREf�IQV'I'S� ALI� IN ACCORDANCE WITH A SITE PLAN TO "S—P" SITE PLAN ZONING DIS— TRICr UNDER ORDINANCE NO. 82-73 FOR THE STORAGE, POSSESSION, RETAIL SALE, AI�ID OF'F'— PRF�IISE CONSUMPTION OF AL�CUHOLIC BEVERAGES (BEER ONLY) INCIDIlVTTAI, TO � OPERATION OF A CONVENIENCE STORE AND GA.SOLINE SERVICE STATION, PROVIDING FOR Tf� CONSTRUCTION AND , OPERATION OF A C'�SH FACILITY, AND PRO— VIDING CERTAITI STIPUI,ATIONS, ALL IN ACCORDANCE WITH A RE�IISID SITE PLAN, AND FUR`I'f�R ALLOWING ALL OTHER USES AS PROVIDID IN Z'�iE "C—C" COMMUNITY CONiMERCIAL ZONING DISTRICT; CORRECTING THE OFFICIAL ZO1`dING MAP; PRESERVING �1LL 0'I'fIII2 PORTIONS OF Tf� ZONING ORDINANCE; PROVIDING A C��AUSE FtELATING TQ SEVERABILITY; DEI�RNLQ�tING THAT TH� PUBLIC INTERESTS, MORALS AI�ID GIIVERAL WII�FARE DEMAND A ZONING CHAIv�E AND AIdII�IDMENT THEREIN MADE; PROVIDING A PE�tALTY . NOT 'Ib EXCEED THE SUM OF ONE THOUSAND DpT,TARS {$1,000.00) At�ID A SEPARATE OFFENSE SI i�T� BE DEII�D COMMI'I'i'ID UPON EACH DAY DURING OR ON WHICH A VIOLATIOPd OC.'CUR.S; AND DECII�EZING AN F1��II2GENCY ��RF.11S, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by makina applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoni.g 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 Cc�uncil oi the City of Grapevine, Texas, after all legal notices requireme�ts, conditions and prerequisites having been complied with; and, j^7��RF�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 deterr.mination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety fran fire hazards and measures for fire control, protection of adjacent property from flood or ��ater 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 traffyc reasonably e�ected to be generated by the proposed use around the site and in the inurediate 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 prctPction ot public health by surfacing on all parking areas to control dust, effect on the �romotion of health and the general welfare, eifect on light and air, the effect on the overcrowding of the land, the effect on the cor.centration ot pepulation, the effcct on the transportation, water, sewerage, schools, parks and cther facilit�.es; and, �ti�RE,�S, the City C�L:ncil of the City of Grapevine, Texas, at a public hearing called by the City Cour.cil of the City of Grapevine, Te�s, did consider the following factors in r�aking a determination as to whether this - requested change should be granted or denied; ef£-ect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety fran same, the efiect on the pramotion of health and the general welfare, effect on adequate light and air, the effect on the overcrcwding of the land, tY��e effect on the concentration of population, the effect on the transportation; water, sewerage, schools, parks and other public facilities; and, Wf�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, t�..REAS, the City Council of the City� of Grapevine, Texas, does find that there is a public necessity for the zonin� change, that thE public den�nds it, that the public interest clearly requires the amenc�nt, 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, WI�ZEAS, 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 fram 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 requirements; and, tiIF�RE�1.S, the City Council of the City of Grapevine, Texas, has determined that tY:ere is a necessity and need for this change in zoning and has also found and deternined tha� 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 zor.ing 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, Te�s, and helps pror:�ote the general health, safety, and weltare of this conanunity. NOW, THERg'ORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'TI� CITY OF GRAPEVINE, '1'FuY1�S: Section l. That the City of Grapevine Ordinance No. 70-10, being the . Corr�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being also knawn as Appendix "A" of the City Code of Grapevine, Te�s, be, and the sarie is hereby amended and changed in that tY�.e use of the follawing described property, to-wit: Being Lots SA and 5B of Block 8 of the W. C. Lucas Addition to the City of Grapevine, Tarrant County, Texas, which, in accordance with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "SP" Specific L?se Permit District for the storage, retail sale, and off-pre�nise cons�tion of alcoholic beverages (beer only) incidental to the operation of a convenience - store and gasoline service station and providing other requirements, all in accordance with a site plan, is hereby changed to "S-P" Site Plan Zoning Dis- trict, in accordance with Comprehensive Zoning Ordi.nance No. 82-73, for the - storage, possession, retail sale, and off-premise consumption of alcoholic beverages (beer only) incidental to the operation of a convenience store and gasoline service station, providing for the construction and operation of a cazwash facility, and provi.ding certain stipulatiens as follaws: 1. Right Turn Only signs shall be erected at each e�it; 2. Curh and gutter shall be provicleci on that portion of the property frontir.g on Dove R.oad and �ti'est t�dorthwest Highway; all in accordance with a revised site plan, attached hereto and made a part hereof as �hibit "A", and further allewing all other uses as provided in the "C-C" Community Con4nercial Zoning District. Section 2. The City Panager is here.by direct� to correct the official zor.ir.g rr�p of the City oi Grapevine, Texas, to reflect the herein change in zoning. Section 3. That in all ott�er respects the use of the tract or txacts of land r,erein above described shall be subject to all the applicable regulations contained in said City of Gra1.�evine zoning ordinance and all other applicable :rid 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 pl.an for the pui-pose of pror�ting health, safety, morals and the general u�elfare of the co�rninity. They have been designed with respect to both present conditions and �he conditions rea.sonably anticipated to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from 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 provisions of transportation, water, �ewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the noi-mal business, conanercial needs and development of the co�tanunity. 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 community. Section 5. This ordinance shall be ctmiulative of all other ordinances of the City of Grat�evine, Texas, affecting zoning ar.d 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 tern�s and provisions of this ordinance shall be deemecl to be severable and that if the validity of the zoning affectinq any portion of the tract or tracts of land described herein shall be declared to be invalia, �,.he 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 cc�m�ly therewith, or with any of the requirer.�ents 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 one thousand dollars ($1,000.00) , and each day such violation shall be pei�mitted to exist shall constitute a separate offense. The awner or owners _ of any building or pr�n.ises, or part thereof, where anything in violation of this ordin�ice .shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who may have assi_sted in the co�ission 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 ot 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, �rals, peace, and general welfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the im�nediate 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. PASS� AND �1PPROVED by the Cit_y Council of the City of Grapevine, Texas on this the 20th day of Decen�r , 1983. 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