HomeMy WebLinkAboutORD 1982-030 ORDINANCE NO. 82-30
AN ORDINI�NCE AT�IDING ORDINANCE NO. 70-10,
TF� COMPRIIIII�SIVE ZONING ORDINANCE OF �
CITY OF GRAPEVINE, TEXAS, SANIE BEING ALSO
KrK7�VN AS APPE[VDIX "A" OF Z�lE CITY CODE OF
GRAPEVINE, TEXA.S, GRANTING A ZONING CHANGE
ON A TRACT OF I,AND DESCRIBID AS BEING A
- L�C7I', TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TARRANT COUNTY, TEXAS,
BEING A PART OF THE W. P. HERRING SURVEY,
ABSTRACT NO. 663, IN THE CITY OF GRAPEVINE,
Z�XAS, MORE FULLY AND COMPL�l'ELY DESCRIEID
IN � BODY OF THIS ORDINANCE; OR.DERING A
CHANGE IN Tf-� USE OF SAID PROPEF2TY FROM
"SP" SPECIFIC USE PERP�IIT FOR Tf� STQRAGE,
POSSESSION, RETAIL SALE AND SERVING OF
` AI�COHOLIC BEVEFIP,GES, ON—PRII�IISE CONSiJMPr!'ION
ONLY, INCIDENTAL TO TI� OPERATION OF A
RESTAURANI' AS PERt�II'I'I'ID UNDER '1'HE "C-1"
NEIC�EIBORHOOD BUSINESS DISTRICT, IN
ACCORDANCE WITH A SI'I'E PLAN TO "SP"
SPECIFIC USE PERbIIT DISTRICT FOR Z�-iE
STORAGE, POSSESSION, RETAIL SALE AND
SERVING OF ALCOHOLIC BE,'VERAGES FOR
ON—PF2F�'1ISE CONSUMPTION ONLY, INCIDENTAL TO
THE OPERATION OF A RESTAURANT, AND
� INQ�UDING FACILITIES FOR A MAXIMUM OF
ZWELVE (12) COIN—OPERATID C�ANIE MACHINES,
OFF—PRET�LISE CATERING SERVICES, AND FUm�iER
ALTAW'ING ALL O'I'fiER USFS AS PERMZTI�D IN Tf�
"C-1" NEIGHBORHOOD BUSINESS DISTRICT, ALL
- IN ACCORDANCE WITH A SITE PLAN; CORF.�!'ING
Z� OFFICIAL ZOI�TING I�1P; PRESERVING AT,T,
O'i�iER PORTIONS OF Z`HE ZONING ORDINANCE;
PROVIDING A CLAUSE RELI�TING TO
SEVERABILITY; DETEE2N�INING THAT � PUBLIC
INTERESTS, bIORALS AND GE[�IERAL LVEL,FARE
DEN�� A ZONING CHANGE AND ANIl-���1DN�t'
�REIN MADE; PROVIDING A PIIVALTY; AND
D�CLARING AN FNIERGII�TCY
Vit��RE'd3S, applications were made to amend the Official Zoning Map,
City of Grapevine, Te�as, by making applications for sam� with the
Planning & Zoning Coi�unission 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 co�lied with, the case having come before the City Council of the
City of Grapevine, Texas, after all legal notices requirements, conditions
and prerequisites having been complied with; and,
HiF�REAS, 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 m�toring public and the
pedestrians using the facilities in the area i�necliately surrounding the
site; safety fran fire hazards and measures for fire control, protection
of adjacent property from floocl 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 site and in the i�lediate
neighborhood, adequacy of parking as determined by requirements of this
ordinance for off-street parking facilities, location of irlgress and
egress poi.nts for parking and off-street locating spaces, and protection
of public health by surfacing on ull parking areas to control dust, effect
on the promption 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,
WHEREAS, 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 deternlination 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 fran same, the effect on the
promotion 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,
WHEREAS, 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,
L�f-iEREAS, 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�zds 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 investrnent was made; and,
WHEREAS, 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 public requirements; and,
Wf�REAS, the City Council of the City of Grapevine, Texas, has
deteiZnined 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 af the property surrounding and in close proximity to the
prop�rty 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�anunity.
NC7W, Tf�'ORE, BE IT ORDAINED BY TI-� CITY COUNCIL OF Tf� CITY OF
GRAPEVINE, T�A.S:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also lmown 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 follawing
described property, to wit:
Being a portion of Tract A-16, Grapevine Reservoir, out of the W. P.
Herring Survey, Grapevine, Tarrant County, Texas (in accordance with
Exhibit "A", attached hereto and made a part hereof) , which, in accordance
with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "SP"
Specific Use Permit for the storage, possession, retail sale, and serving
of alcoholic beverages, on-premise consumption only, incidental to the
operation of a restaurant as permitted under the "C-1" Neighborhood
Business District, in accordance with a site p1an, is hereby changed to
"SP" Specific Use Permit District for the storage, possession, retail
sale, and serving of alcoholic beverages for on-premise consur�ption only,
incidental to the operation of a restaurant, and including facilities for
a maxi.m�un of twelve (12) skill or coin-operated machines, for off-premise
catering services, all in accordance with a site plan, attached hereto and
made a part hereof as �hibit "B"; and further allowing all other uses as
permitted in the "C-1" Neighborhood Business District.
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
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 comprehensive plan for
the purpose of prom�ting health, safety, rciorals and the general welfare of
the com�nunity. 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 provisions of transportation, water,
sewerage, drainage and surface water, parks and other public requirements,
and to make adequate provisions for the normal business, co�nercial needs
and development of the conmlunity. They have been m�de with reasonable
consideration, among other things, of the character of the district, and
its peculiar suitability for the particular uses and with a vie�a of
ccnserving the value of buildings and encouraging the most appropriate use
of land throughout the con¢rnuzity.
Section 5. This ordinance shall be ctannzlative 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
deer;�ed 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. �'he 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
��ediate preservation of the public business, property, health, safety
and general welfare af 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:
Mayor
A'I'�EST:
City Secre
APPROVF,D AS TO FORNI AND I�GALITY:
City Attorney
EXHIBIT "A" TO ORDINANCE NO. 82-30
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