Loading...
HomeMy WebLinkAboutORD 1981-048 ORDINANCE NO. 81-48 AN ORDINANCE AMENDING ORDINANCE NO. 70-10 , THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE �,:.;�, ON A TRACT OF LAND DESCRIBED AS BEING A LOT, TRACT, OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE STARR ADDITION, IN THE CITY OF GRAPEVINE, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY AS FOLLOWS : TRACT "A" - FROM "SP" SPECIFIC USE PERMIT FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISE CONSUMP- TION ONLY AND THE STORAGE OF ALCO- HOLIC BEVERAGES INCIDENTAL TO SAID RETAIL SALE ALL ACCORDING TO A SITE PLAN TO "SP" SPECIFIC USE PERMIT FOR THE STORAGE, RETAIL SALE, AND OFF PREMISE CONSUMPTION OF ALCO- HOLIC BEVERAGES (BEER ONLY) INCI- DENTAL TO THE OPERATION OF A CON- VENIENCE STORE, IN ACCORDANCE WITH A REVISED SITE PLAN, AND FURTHER ALLOWING ALL OTHER USES AS PERMITTED IN THE "C-2" COMMUNITY BUSINESS DIS- TRICT ZONING CATEGORY; �,.�� TRACT "B" - FROM "SP" SPECIFIC USE PERMIT FOR THE RETAIL SALE OF ALCOHOLIC BEV- �" ERAGES FOR OFF-PREMISE CONSUMPTION ONLY AND THE STORAGE OF ALCOHOLIC BEVERAGES INCIDENTAL TO SAID RETAIL SALE ALL ACCORDING TO A SITE PLAN TO "C-2" COMMUNITY BUSINESS DISTRICT ZONING CATEGORY; ' CORRECTING THE OFFICIAL ZONING MAP; PRESERV- ING ALL OTHER PORTIONS OF THE ZONING ORDI- NANCE; PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas, as required by State statutes and the zoning ��=rh ordinances of the City of Grapevine, Texas, and all the legal requirements , conditions and pre-requisites having been com- plied with, the case having come before the City Council of � the City of Grapevine, Texas, after all legal notices require- ments, conditions and pre-requisites having been complied with; and, WHEREAS, 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 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 from 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 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 immediate neighborhood, adequacy of parking �v� 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 promotion 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 facil- ities; 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 following 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 welfare, effect on adequate light and air, the effect on the overcrowding of the land, the effect on the concentration on 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 most appropriate use of land throughout this city; and, �"� WHEREAS, 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 re- quires 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 investment 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 dan- gers; 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, WHEREAS, 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 �a-a 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 pro- perty 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 community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS : 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 known 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 following described property, to-wit: LEGAL DESCRIPTION TRACT "A" Being a part of Blocks 13 and 14 of the Starr Addition to the City of Grapevine, a municipal corporation of Tarrant County, Texas, as recorded in Volume 3180, Page 235 Tarrant County Deed Records, more particularly defined as follows : BEGINNING at a point in the south line of Block 13 and 14 , Starr Addition as recorded in Volume 3180 Tarrant County Deed Records, Tarrant County Texas. Said point being the southwest corner of said lot. THENCE north 0° 12 ' east a distance of 158. 1 feet more or less to a point for a corner in west line; THENCE north 88° 45 � east a distance 80 feet more or less to a point for a corner in north line; THENCE south 0° 12 ' west a distance 158 feet more or less to a point for a corner in south line; THENCE 88° 45 ' west a distance 80 feet more or less to the point �� Pr of beginning; which, in accordance with Comprehensive Zoning Ordi- nance 70-10 , was previously zoned "SP" Specific Use Permit for the retail sale of alcoholic beverages for off premise consumption only and the storage of alcoholic beverages incidental to said retail sale all according to a site plan is hereby changed to "SP" Speci- fic Use Permit for the storage retail sale and off premise consump- tion of alcoholic beverages (beer only) incidental to the operation of a convenience store, in accordance with a revised site plan, attached hereto as Exhibit "A" and made a part hereof; and further allowing all other uses as permitted in the "C-2" Community Busi- ness District Zoning Category. LEGAL DESCRIPTION TRACT "B" Being a part of Blocks 13 and 14 of the Starr Addition to the City of Grapevine, a municipal corporation of Tarrant County, Texas, as recorded in Volume 3180 , Page 235 of Tarrant County Deed Records, more particularly defined as follows : BEGINNING at a point in the north line of Highway 114 , 631.1 feet east and 426. 1 feet north of the southwest corner of the A. F. Leonard Survey; �:<,, THENCE with the north line of said highway, south 88° 45 ' west a distance of 145 feet to a point; THENCE north 0° 12 ' east a distance 158. 1 feet to a point; THENCE north 88° 45 ' east a distance of 140. 9 feet to a point; THENCE south 1° 17 ' east a distance 158 feet to the point of beginning; which, in accordance with Comprehensive Zoning Ordi- nance 70-10 , was previously zoned "SP" Specific Use Permit for the retail sale of alcoholic beverages for off premise consumption only and the storage of alcoholic beverages incidental to said re- tail sale all according to a site plan is hereby changed to "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 re- flect 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 ordi- nances of the City of Grapevine, Texas. Section 4 . That the zoning regulations and districts as herein established have been made in accordance with the compre- hensive plan for the purpose of promoting health, safety, morals and the general welfare of the community. They have been de- signed 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 from 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 transpor- tation, 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 community. 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 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 ordi- nance 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 sub- ject 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 immediate 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 accord- ingly so ordained. PASSED & APPROVED by the City Council of the City of Grape- vine, Texas on this the 21st day of July , 1981. APPROVED: � �„, Mayor ATTEST: �. City Secr a y APPROVED AS TO FORM AND LEGALITY: O�► City Attorney fi. �. �� ,�::..:, � EXHIBIT "A° TO ORDINANCE NO. 81-48 U r� o- IZE I� �r � - . / . __ C / %' � �. � � ' �� ` 0 � � --� �' i /� � r:) m = � , z . ., � j �� � j' `� i �'�_ �" �� ;' t� ; ; %� � , � � .-� � -� . ('� ,± -1 .f�� ; �� / � � . �� � ' � Z �1' � � � _ �. � . � � - � � �� � U� i ;. 0 , Z � �, i �! i , - �, � �' i �_ �'= D� ;� ' , ; � , �� ; ' lR ( �' Sp—oU - /�" � / ; , ,% � i � — „ � � ' ' / —� N — �� �. i,.::..„, � � � ;. � � • —1 rn A C - � � m ' a n K � � � n rt � m � � � � � i°- i�' � ;� c.' _�" _ , � _ _ _ .�;, ,�: L _ r ._,� �..j .�:. ..a;. � :;' ' •, ._.,. � .x'.z _ ,`t P , , -._ . >.'� >? . . .. ..:. .. . , �_ . �..-. _..,��. . .�. . .. . . ..-, . . . .. - -" ,�.., ,.; a �: . a.. .. ,�... . ,.. _. .:':. . . _ .. . _... .._ . � . ..- .. .. ' . . . : .. 3 - , .