HomeMy WebLinkAboutORD 1982-069 ORDINANCE NO. 82-69
AN ORDINANC� ANIENDING ORDINANCE NO. 70-10,
TI� CON�PREf�1SIVE ZONING ORDIN��NCE OF Tf�
CITY OF GRAPEVINE, TEX1�8, SAr� BEING AISO
KNC7tnTi�T AS APPIIVDIX "A" OF ZN� CITY CODE OF
GRAPEVINE, TF�AS, GRAN`�ING A ZOATING Q�1NGE
ON A TRACT OF I�AI�ID DESCRIBID AS BEING A
IAT, TRACT, OR PARC�I, OF LAND LYING AND
BEING SITLJATID IN TARRANT COUIVTY, TEXAS,
BEING A PART OF TI� ORIGINAL 'I'OWN OF
GRAPEVINE SUBDIVISION IN � CITY OF
GRAPEVINE, �S, riORE F'[TLLY AND COI�'IPI�'I`ELY
_ DE:CRIBID IN � BODY OF THIS ORDINANC�;
ORDERING A C�iANGE IN Tf� USE OF SAID
PROPEFrI'Y FROM "SP" SPECIFIC USE PERMIT
DIS'I�ICT FOR Tf� STORAGE, RETAIL SAI,E, AND
ON-PREMISE CONSUA'lPTION OF AI,COHOLIC BEVER-
AGES INCIDENTAL TO Tf� OPERATION OF A
RESTAURI�NT, IN ACCORDANCE G�ITH A SITE PLAN,
' AND PROVIDING FOR OTHER USFS AS PERMIT�ID
IN TF� "C-2" CONfl��tJNITY BUSINESS DISZRICT
ZONING CATEC�,ORY TO "SP" SPDCIFIC USE PERMIT
DISTRICT FOR Tf-� S'I'ORAGE, RETAIL S�LE, AND
ON-PRE[�'LISE CONSLJi�1PTION OF AI,COHOLIC BE�IE'.R-
AGES INCIDII�TAL Z+0 Tf� OPERATION OF A
RESTAURANT, IN ACCORDANCE V7ITH A RES7ISID
SITE PLAN, AND FVRTF�R AIZOW.LNG ALL OTf3EFt
USFS AS PROVIDID IN Tf� "C-2" C�[JNITY
BUSINESS DISTRICT ZONING CATEGORY; PROVID-
ING FURZ�3ER FOR CERTAIN CONDITIONS;
CORR�C`rING THE OFFICIAL ZONING b1AP;
PRESERVING ALL OrI'HER PORTIONS OF Z� ZONING
ORDINANCE; PROVIDING A CI,AUSE RELI�TING TO
SE�IERABILITY; DETERNSINING THAT � PUBLIC
Il��'i'ERESTS, DIORALS AND GETIERA.L WEI�'ARE
DFI�IAAID A ZONING C�IANGE AND AN�IDN�NT
THEREIN D�DE; PROVIDING A PE[�TALTY; AND
D�IRING AN II�'IEF2GENCY
6VF�REAS, applications were made to amend the Official Zoning P�7ap, City of -
Grapevine, Texas, by tr�aking applications for sam� with the Planning & Zoning
Coannission of the City of Grapevine, Te�s, 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 complied with, the case
having c�re before the City Council of the City of Grapevine, Texas, after aIl
legal notices requirements, conditions and prerequisites having been corcq�lied
with; and,
V7f�RF,AS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the follaaing factors in
r*iaking a detern�ination as to whether these requested changed should be granted
or denied; safety of the motoring public and the pedestrians using the facil-
ities in the area i�anediately surrounding the site; safety fran fire h.azards
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 reasonaJ�ly expected to be generated by the proposed use around the ,
site and in the iimiediate 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
protection of public health by surfacing on all parking areas to control dust,
effect on the prc�amtion of health and the general welfare, effect on light and
air, the effect on the overcraading of the land, the effect on the concen-
tration of population, the effect on the transportation, water, sewerage,
schools, parks and other facilities; and,
Wf�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 follawing factors in making a detern�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 possi.bly present in the
securing of safety from same, the effect on the prorration of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding of the land, the effect on the concentration of p�pulation, the
effect on the transgortation; water, sewerage, schools, parks and other public
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 view to conserve the value of buildings, encourage the mr�st appro-
priate use of land throughout this city; and,
tn1��REAS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the amenc�nent, that the zoning
changes do not unreasonably invade the rights of those who bouqht or iirg�roved
property with reference to the classification which existed at the time their
'original investrrtent was made; and,
lnI��REAS, 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 fran fire, panic and other dangers; promotes health and the general
welfare; provides adectuate 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 require-
ments; and,
ti1�REAS, 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 deternuned that there has been a change in the conditions of the
property surrounding and in close prox_imity 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 pror,iote the general
health, safety, and welfare of this co�rarninity.
N04V, THERF�'ORE, BE IT ORDAINID BY THIE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS: -
Section l. That the City of Grapevine Ordinance No. 70-10, being the
Co�rehensive Zoning Ordinance of the City of Grapevine, Texas, same bei.ng
also ]mavn as Appendix "A" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed in that the use of the foll�aing descrihed
PropertY. to-wit:
BEING all of Ipt Eleven (11) , Block Three (3) of the Original Zbwn of
Grapevine S�abdivision, Tarrant Courity, Grapevine, Texas, which, in accordance
with Comprehensive Zoning Ordinance No. 70-10, was previously zoned "SP"
Specific Use Permit District for the storage, retail sale, and on-premise
consumption of alcoholic beverages incidental to the operation of a restaurant,
in accordance with a site plan, and providing for other uses as permitted in
the "C-2" Co�tunity Business District Zoning Category, is hereby changed to
"SP" Specific Use Perntit District for the storage, retail sale, and on-premise
cons�tion of alcoholic beverages incidental to the operation of a restau-
rant, in accordance with a revised site plan, and further allawing all other
uses as provided in the "C-2" Camrnznity Business District Zoning Category, and
further providing that an affidavit be filed with the City Secretary at the ,
end of sixty (60) days (beginning Oct�er 19, 1982) showing whether or not
gross sales fran food represent at least fifty percent (500) of total sales
and, in the event that the actual sales of food for the stated period do not
amount to 50o of the gross retail sales at the location, the cx�mer's Certifi-
cate of Occupancy shall be imm�diately terminated with no other action being
required of the City and the Certificate of Occupancy, as it relates to the
sale of alcoholic beverages, shall terminate, and the sale of alcoholic bever-
ages incidental to the operation of a restaurant shall cease and no longer be
an authorized use within said zoning district provided, hawever, in the event
that the sales of faod for the stated period do amaunt to at least SO% of the
gross sales this condition shall no longer be of any force and effect.
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, Te.xas.
Section 4. That the zoning regulations and districts as herein estak�-
lished have been made in accordance with the camprehensive plan for the
purpose of pranoting health, safety, rrorals and the general welfare of the
coirarninity. 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 frcan 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, commercial needs and development of the co�ninity. 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 appro-
priate use of land throughout the ca�nunity.
Section 5. This ordinance shall be c�unulative 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 sam� 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 of
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 inanediate 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 F�ID APPROVED by the City Council of the City of Grapevine, Texas
on this the 19th day of October, 1982.
APPROVED:
W
Mayor
A�TEST:
._/� ,�, � � .� � �
City Secretary Y �
,
APPROVID AS � FORM AND I�ILITY:
City Attorney
�IIBIT "A" 'Ib ORDINANCE NO. 82-69
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