HomeMy WebLinkAboutORD 1982-044 ORDINANCE NO. 82-44
AN ORDINAIJCE ANNIENNDING ORDINANCE NO. 70-10,
THE COMPRIIiIIdSIVE ZONING ORDINANCE OF Tf�
CITY OF GRAPEVINE, TE�.S, SAME BEING ALSO
I�OWN AS APPE��DIX "A" OF � CITY CODE OF
GRAPEVINE, TE�S, GR�]TING A ZONING CHANGE
ON A TRACT OF I11ND DESCRIBED AS BEING A
I�OT, TRACT, OR PARCII, OF I,AND LYING AND
BEING SITUATID IN TARRANT COLTNTY, TEXAS,
BEING A PART OF THE THOMA.S MAHAN SURVEY,
ABSTRACT NO. 1050, IN � CITY OF
GRAPEVINE, Z�S, MORE FUL�LY AND COMPI�F.TELY
DFSCRIBID IN Tf� BODY OF THIS ORDINANCE;
ORDERING A CHANGE IN � USE OF SAID
PROPER'I'Y FROM "SP" SPECIFIC USE PERMIT
DISTRICT FOR Tf� STORAGE, SALE, AND
ON—PREMISE CONSUMP'I'ION OF AL�COHOLIC
BE'VERAGES INCIDII�'rAL � Tf� OPERATION OF A
RESTAURANT, IN ACCORDANCE WITH A SITE PLAN
TO "SP" SPDCIFIC USE PERMIT DISTRICT FOR
Tf� STORAGE, SALE, AND ON—PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES
INCIDENTAL Z+0 Tf� OPII�TION OF A
RESTAURAN`r, IN ACCORDANCE WITH A REVISID
SITE PLAN, AND F'U�1�iER PROVIDING FOR AT,T.
O'I�-iER USES AS PE�ZITTED IN Tf-iE "C-2"
CONIl"lUNITY BUSINESS DISTRICT ZONING
CA'I�3C'�ORY; CORREC.�I'ING � OFFICIAL ZONING
MAP; PRESERVING AI�L OZ�I.ER PORTIONS OF Tf-iE
ZONING ORDINANCE; PROVIDING A CI�AUSE
REL�ATING TO SEVERABILITY; DEl'ERMINING THAT
THE PUBLIC IN'i`ERESTS, MORAIS AND GENERAL
WEL�'ARE DF�4AND A ZONING CHANGE AI�'D
Al�'�NDMENT Tf�ZEIN N�,DE; PROVIDING A
PIIVALTY; AND DECLARING AN ENIERGEEL�IICY
WI�REAS, applications were made to amend the Official Zoning Map, City of
Grapevine, 'I'exas, by making applications for same with the Planning & Zoning
Comnission 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 ccx�lied with, the case
having c�ne before the City Council of the City of Grapevine, Te�as, after all
legal notices requirements, conditions and prerequisites having been complied
with; and,
Wf�RE',AS, 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 inanediately surrounding the site; safety from fire
hazards and measures for fire control, protection of adjacent property fran
flood or water damages, noise producing ele,ments and glare of the vehicular
and statior.�azy 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 iri the �diate neighborhood, adequacy of parking as determined by
requirements of this ordinance for off-street parking facilities, location of
ingress an�i 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 pr�tion of health and the general welfare, effect on light and
air, the effect on the overcro�wding of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
WfiERF�S, the City Council of the City of Grapevine, Te�as, 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 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 from same, the effect on the promotion of health and the
general we:lfare, 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 transportatian; water, sewerage, schools, parks and other ptzblic
facilities; and, .
Wf�REAS, the City Council further considered among other things the
character of the district and its peculiar suitability for particular uses and
with the �riew to conserve the value of buildings, encourage the mr�st
appropriate use of land throughout this city; and,
WHEREA;3, the City Council of the City of Grapevine, Texas, does find that
there is a j�ublic necessity for the zoning change, that the public demands it,
that the public interest clearly requires the ame_nc�hr�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 investrrent was made; and,
�.
WI�REA3, 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; prorrotes health and the general
welfare; pr�vides 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,
�EAS, 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 pr�ote the general
health, safety, and welfare of this coirIInunity.
NOW, 7�iEREFORE, BE IT ORDAINID BY THE CITY COUNCIL OF � CITY OF
GRAPE'�7INE, TEXI�.S:
Section l. That the City of Grapevine Ordinance No. 70-10, being the �
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also ]rnawn as Append� "A" of the City Code of Grapevine, Texas, be, and the
same is here by amended and changed in that the use of the following described
praperty, tc�-wit:
BEING a tract of land out of the T. Mahan Survey, Abstract No. 1050,
Tarrant County, Texas, said tract of land being part of the W. C. Lucas
Addition ou� of a .6481 acre tract as described in Vol� 388-1, Page 81, Deed
Records, Tarrant County, Texas and being more particularly describ�d as
follaws:
Cormlencing at a point in the Northwest corner of Lot 6, Block 1, W. C.
Lucas Addition.
'I'f�10E South a distance of 113.5 feet to a poi.nt of Beginning;
TI�TCE North B9° 15' E a distance of 50.45 feet to a point;
THE[JCE South a distance of 200 feet to a point;
'I'HII�CE South 89° 15' W a distance of 50.45 feet to a point;
TI�TCE North a distance of 200 feet to point of Beginning and containing
.2316 acres of land which, in accordance with Ccm�rehensive Zoning Ordinance
No. 70-10, was previously zoned "SP" Specific Use PeYmit District for the
storage, sa:1e, and on-premise consu�tion of alcoholic beverages incidental to
the operati�n of a restaurant, in accordance with a site plan, and other uses
as permitte�d in the "C-2" Coirernanity Business District Zoning Category, is
hereby changed to "SP" Specific Use Permit District for the storage,
possession, retail sale, and serving of alcoholic beverages for on-premise
consumption only, incidental to the operation of a restaurant, in accordance
with a revised site plan, attached here to and made a part hereof, and further
providing for all other uses as permitted in the "C-2" Community Business
District Zoning Category.
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 descr�bed 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 pro�roting health, safety, m�rals and the general welfare of the
ca�arn�ity. They have been designed with respect to both present conditions
and the conditions reasonably anticipated to exist in the foreseeable future,
to lessen c�ngestion in the streets; to secure safety frc�n 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, se�rage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, co�nercial needs and develo�ient of the con¢rrunity. They have
been made w.ith reasonable consideration, airong other things, of the character
of the dist�cict, and its peculiar suitability for the particular uses and with
a view of conserving the value of builclings and encouraging the m�st
appropriate use of land throughout the comnunity.
Section 5. This ordinance shall be ctimtulative 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 ordin.ances which are in direct conflict with the provisions of this
ordinance.
Section 6. That the ternis 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. Z7�at any person, firm or corporation violati.ng 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 of
Grapevine, Texas.
Section 8. The fact that the present zoning ordinance and regulations of
the City of Grapevine, �xas are inadequate to properly safeguard the health,
safety, m�rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the i�rediate 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.
PASSID AI�ID APPROVID by the City Council of the City of Grapevine, Texas
on this the 20th day of July, 1982.
APPROVID:
Mayor
AT�EST:
City Secre
APPROVED AS TO FORM AND LF�LITY:
City Attorney
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- EXHIBIT "A" TO
ORDINANCE NO.
82-44
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