HomeMy WebLinkAboutORD 1982-028 ORDINANCE N0. 82-28
AN ORDINANCE 1�NENDING ORDINANCE NO. 70-10,
THE COMPRI;FIII�TSIVE ZONING ORDINAPdCE OF THE
CITY OF GRAPEVINE, TEXA..S, SANIE BEING ALSO
KNOWN AS APPENDIX "A" OF � CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING Q�.ANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
I�C7I', TRACT, OR PARCEL OF LAND LYING AND
BEING SITCTATED IN TARRAN'I' COUNTY, TEXAS,
BEING A PART OF TF� STARR ADDITION, IN THE
CITY OF GRAPEVINE, T�S, MORE FULLY AND
CC�'�LEI'ELY DESCRIBID IN 'I�E BODY OF THIS
ORDINANCE; ORDERING A QiAt�TGE IN TF� USE OF
SAID PROPII�i'Y FRC�i "SP" SPECIFIC USE PERMIT
DISTRICT FOR Z� STORAGE, POSSFSSION,
RETAIL SAI�E, AND SERVING OF ALC.�OHOLIC
BE�GES, ON—PRF�7ISE CONSUMPTION ONLY,
INCIDE�]TAL 'PO Z� OPERATION OF A
RESTAURF�NT, IN ACCORDANCE WITH A REVISID
SITE PLAN, PROVIDING FOR ALL USES ALI��ED
IN THE "C-2" COTM'1tJNITY BUSINESS DISTRICT
CONSTRUCTION REQUIRF�II�V'!'S TO "SP" SPECIFIC
USE PEF,MIT DISTRICT FOR THE STORAGE,
POSSESSION, RETAIL SALE AND SERVING OF
AL�COHOLIC BEVEF2AGES, FOR ON—PRII�IISE
CONSUMP'I'ION ONLY, INCIDENTAL TO THE
' OPERATION OF A RESTAURANT, FURTfiII2 ALI,OWING
FOR Tf� PLAC���T ArID OPERATION OF 'IWO
BILLIARD TABLES AND FOUR SKILL AND/OR COIN
OPE�2ATID A1AC�iIlVES; AND FURTHIIt ALTAWING FOR
AL,L O'I�IER USES AS PERMITI� IN � "C-2"
- COTM4[INITY BUSINESS DISTRICI', ALL� IN
ACCORDANCE WITH A REVISID SITE PLAN; AND
F'[J1�I`f�R PROVIDING FOR COP�IPLIANCE PTITH AT T,
"C-2" COPM'ICJNITY BUSINESS DISTRICT
CONSTRUCTION RDQUIRII�]`I'S; CORRECTING THE
OFF'ICIAL ZONING MAP; PRESERVING ALL OTf�R
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A C.LAUSE REI,F�TING TO SEVERABILITY;
DETERNlINING THAT THE PUBLIC INTERESTS,
MOFlAIS AND GII1F�FiAL WII.,FARE DEMZ�ND A ZONING
CHANGE AND AMETiDINII�''I' Tf�REIN MADE;
PROVIDING A PE[�ALTY; AND DECLARING AN
II�RC�tCY
Wf�REA.S, applications were made to amend the Official Zoning b9ap,
City of Grapevine, Te�as, by making applications for same with the
Planriing & Zoning Corrmission 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 requiremerits, conditions and prerequisites having
been ccxnplied with, the case having coare before the City Council of the
City of Grapevine, Te�s, after all legal notices requirements, conditions
and prerequisites having been car.�lied 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 follawing
factors in making a determination as to whether these reguested changed
- should be granted or deniecl; safety of the motoring public and the
. pedestrians using the facilities in the area i�nediately surrounding the
site; safety fran 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 sta.tionary 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 �cted to be
generated by the proposed use around the site and in the i�nediate
neighborhood, adequacy of parking as determined by requiren�ents 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 pai-king areas to control dust, effect
on the pro�tion 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 an the t-ransportation, water,
sewerage, schools, parks and other facilities; and,
Wf3II2EAS, 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 follawing factors in making a deterr.�ination 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 fr�n same, the effect on the
pr�tion 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,
V�REAS, 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 rrost
appropriate use of land throughout this city; and,
Wf���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
dem-uzds 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 invest�nt was made; and,
W�RF1�S, 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 from fire, panic and other dangers; promotes health and the
general welfare; provides adequate light and air; prevents the
overcrowding of land; avoids undue concentration of population;
facilitates the adequate provisions of transportation, water, sewerage,
schools, parks and other pubZic requirements; and,
WI�REAS, the City Council of the City of Grapevine, Texas, has
deternlined 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 co�nunity.
NOVJ, THEREF'ORE, BE IT ORDAINID BY � CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEX11S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Comprehensive Zoning Ordiriance of the City of Grapevine, Texas, same being
also knawn as Appendix "A" of the City Code of Grapevine, Texas, be, and
the same is here by amended and changed in that the use of the follaaing
described property, to wit:
BEING Lot B of a revision of Block 8 of the Starr Addition to the
City of Grapevine, Tarrant County, Texas, which, in accordance with
Co�rehensive Zoning Ordinance No. 70-10, was previously zoned "SP"
Specific Use Perntit District for the storage, possession, retail sale, and
serving of alcoholic beverages, on-premise consu�tion only, incidental to
the operation of a restaurant, in accordance with a site plan, providing
for all uses allowed in the "C-2" Community Business District, and
providing for compliance with the "C-2" Co�lity Business District
Construction Requirements is hereby changed to "SP" Specific Use Pezmit
District for the storage, possession, retail sale, and serving of
alcoholic beverages, for on-premise cons�nption only, incidental to the
operation of a restaurant, further allawing for the placement and
operation of two (2) billiard tables and four (4) skill and/or coin
operated machines, all in accordance with a revised site plan; and further
allaaing all other uses as pezmitted in the "C-2" Co�rnznity Business
District; and further providing for co�lianc:e with all "C-2" Cormmznity
Business District Construction Reruirements.
Section 2. The City Manager is hereby directed to correct the
official zoning map of the City of Grapevine, Te�s, 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 com�rehensive plan for
the pur�ose of promoting health, safety, morals and the general welfare of
the coir¢rnuiity. 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 overcrowding 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, conanercial needs
and development of the community. They have been made with reasonable
consideration, a�ng 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 conununity.
Section 5. This ordinance shall be cumulative 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, firm or corporation violating any of the
terms and provisions of this ordinance shall be subject to the same
penalties as provided for in Ordinance No. 70-10, Zoning Ordinance of the
City if Grapevine, Texas.
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
i�diate 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 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 4th day of May, 1982.
APPROVID:
�layor
AT'i'EST:
S�
City Secre
APPROVID AS 'PO FORM AND I�EC'=ALITY:
City Attorney
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