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HomeMy WebLinkAboutORD 1975-030 c� � � £ ORDINANCE NO. 75-30 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS � TITLE 10 OF THE CITY CODE OF GRAPEVINE, TEXAS, � GRANTING A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS: BEING A TRACT OF LAND IN THE STARR ADDITION TO THE CITY OF GRAPEVINE, TARRANT , COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY TO SP SPECIFIC USE PERMIT — DISTRICT FOR THE STORAGE, POSSESSION, SALE AND SERVING OF ALCOHOLIC BEVERAGES ON PREMISES CONSUMP— TION ONLY INCIDENTAL TO SAID RETAIL SALE ALL ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE �, A PART HEREOF; PRESERVING ALL OTHER PORTIONS OF THE y�, ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY. � ���EREAS, applications were made to amend the Official Zoning Map, City of Grapevine, � Texas, by making applications for same with the Planning and Zoning Commission 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 pre-requisites having been complied 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 �he follo�ving factors in making a determination as to whether these requested changes should be granted or denied; safety of the motoring public and the pedestrains using the facilities in the area imu-�ediately surrounding the site; safety from fire hazards and me�sures for fire control, protection of adjacent property from flood or r;ater d�mages , noise producing elements and glare of the vehicular and stationary lights and effect of such lights on established character of the n�ighborhood, 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 as determined by requirements of this ordinance for off-street parking "�""" facilities, location of ingress and egress points for parking and off-street loading spaces, and protection `�' of public health by surfacing on all parking areas to control dust, effect on the promotion of health and the general. vrelfare, effect on light and air, the effect on the over-cro�vding of the land, the effect on tne concen- tration of population, the effect on the transportation, t��ater, sewerage, schools, parks and other public facilities; and, I�d'�ERF_AS, 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 follotving factors iri making a determination as to v�hether 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 �velfare, effect on adequate light and air, the effect on the over-crowding of the land, the effect on the concentration on population , the effect on the � transportation ; ��.ater, sewerage, schools, parks and other ' public facilities ; and, � t�-IEREAS, 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 nost appropriate use of land throughout this city; and, WI�EREAS, 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 amend- . ment, that the zoning changes do not unreasonably invade the rights of those who bou�ht or improved property with reference to the classification �vhich 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 dangers ; promotes health and the general welfare; provides adequate light and air; prevents the over-crowding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, VJHEREAS, 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 pronote the general health, safety and welfare of this . � community; NOW� THEREFORE� � �w ,�� �� � � � , 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 Title 10 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: Lots A and B of a Revision of Part of Lot 1, � Block 6, Blocks 7 and 8 A Starr Addition, an addition to the City of Grapevine, Tarrant � County, Texas. which is presently zoned C-2 Community Business District is changed to SP Specific Use Permit District for the storage, possession, retail sale and serving of alcoholic beverages, on premise consump- tion only incidental to said retail sale. SECTION 1-A. That the district use on the property described in Section 1 is hereby appraved and granted upon the following express conditions : (a) That the usage and development of said property shall be in conformance with the Site Plan attached hereto and made a part hereof for all purposes. (b) A true copy of the said attached Site Plan shall be furnished to the Building Inspector for observance in connection with the zoning herein granted. ��, The above requirements sha�..l not be construed as conditions precedent to the granting of a zoning change, but shall be construed �.,� as conditions precedent to the granting of a building permit and/or certificates of occupancy. � � j!:(.-(� : t'1� � . �1�]f' �71_� . ��'.�l�lclf?X 1 �; �1��1������1 (3J Y(�t.tC'(� t0 �'c)Y_,l"t•(;t ��f�f.' t��� f7.C1�.1. /Ol17_i�t� i�l%t17 �7t ����,� (_:L �:y C�f ��1�:1�"J:tV l_;1C?� �TC'>L;3S � to z�;>flcct i_he 1��>>�cin �h�����,��' in zr„�i,�c�. `�LC�I,�t.(�iV 3 . '1�11at iri <�.l_� �� il:���.t: Cc,�,I,E>��t:S tllc� �7<;s� ��f 1.1�)c� t�i%�.�-�� ��:C i._r_�,�ci�s of l�r�d It�z�-E-�:ii� ;iL-��.��' �Ir_;�;ii_1���>d '�ilal_1 l�e ���i�l�ject to <ill i-;i� �nPlical��le r�>r����l,`�t-i_r_>>��s c�n�f <:i_i���,�i ii� saici City of Gr���;��vi_ne zo��it��� o��li:;�:�7�r,e �;��i all of1,E.�r ,��,;1 ic��.ble anri � � �„ ��c>ztin�nt c�i c�5_r��;nec��s of tite C:i ty o C Gra��ev i�-�e, T�:1a.� . S�tCl:lON �. 'i'hat ti�e ioning r�_>yul��ti_ons �i�d districts as �ww " h�rc�i_n e�;lablished have been ;a<ide �,n accordanc.e tvi.th the co.npxel�enszve pl��nt for the pu�_pose of promoting he��lth , ' safety, mor.als and the general �ti�elfaze of the com�nunity. They have be�n designed, �vith resPect to both pzesent conditions �nd the conditi-ons reasonably anticipated to exist in the forc,seeable tllture, to lessen con<�estion in the str�ets; to s��ctzxe safety from fire, p�nic, flood and ot}��r dangers; pr_ovi.de �dec�uate ligf�t and air ; to prevent over-czo��:c�i.ng of lai�d, to «vo�_d t�ndue con��r'_ntzation of �,optll<��i.c�n ; ���.ili_tai.e th� ;+_c?c<�u��te i�rova_si_ons of tr�ns- portation , �v��tc>r , sE���.��l-��c��, <ir<i_na�,e and surface water , parks ��nd other t�ubla.c i c�uirc_����=i�ts , and to make �dec�uate provi.sions for �.i�e normal bt�siness , coruinerci�l needs �nd develop:nent of tl�e co=�lr�tznitY• They ha.ve been rnade t�rith re�son�ble co,�s�_cieratj-on , among other thi�7os of the character of the district, and its peculiar suitability for the particular uses and �vith a view of conserving the value of buildings and encouraging the most approprzate use of land i.hroughout the community. � � , SFCTION 5 . Tl�is ordin�nce shall be cur��ulative of all � other ord�r�ai�ces of the City of Gra�evine, Tc�xas , �.ffecti_ng zoning and shall not repeal any of the provisions of said ord�_nances except in those instances ti;�here provisions of those ordin�j�ces ��ahich are in direct conflict tvith 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 ti�e zoning affec�ing any portion of the �:ract or tracts of lal�d described here�n si;�ll 1�e d�'clared to b2 invalid, the s��ne shall not affect �ne v<�liciitiy of the zoning of the bal�nce of the tract or tracts of Iand described herein . SECrION 7. That any person, firm or corporation violatiiZg ' any af the terms and provisions of this ordinance shall be subject to the sa.ne penalties provided for in Ordin�nce No. 70-10, Zoning Orciinance of the City of Grapevine, Texas. SECTION 8. The fact that �he present zoning ordinance a17d '�" . regulations of the City of Grapevine, Texas, are inadequate to properly safeguard the health, safety, morals, peace and �' general welfare of the inhahitants o� the City of Grapevine, Texas, creates an emergency for the immediate nreservation 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 accordiizgly so ordained. �,c t� � ,.�.. a.., ,�) I�NT� 71PPROVI'',D BY TIiE CITY COUNCIL OF TFiE CITY OF c ; i;V CNE, TEXAS, Lhis the ____5th_ _ day of _ AUGUST , 19�75. . ` MAYOR a�� � A`i"1'T:ST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: - -- - ------ C-CTY 1�`I"1'ORNEY e��► � � �