The URL can be used to link to this page

Home My WebLink AboutORD 1975-032 ORDINANCE NO. 75-32 AN ORDINANCE AMENDING ORDINANCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CIN 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 JOEL L. HALLUM SURVEY, ABSTRACT 722, 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 PROPERN TO SPECIFIC USE PERMIT DISTRICT FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR OFF PREMISES CONSUMPTION ONLY AND THE STOR- AGE OF ALCOHOLIC BEVERAGES INCIDENTAL TO SAID RETAIL SALE ALL ACCORDING TQ THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF FOR A PERIOD OF NVO(2) YEARS; PROVIDING SPECIFIC � CONDITIONS RELATIVE TO THE GRANTING OF SAID CHANGE IN ,� ZONING; PROVIDING FOR THE ZONING TO REVERT BACK TO C-2 ZONING IPSO FACTO AND IMMEDIATELY AT THE END OF SAID TWO (2) YEAR PERIOD; CORRECTING THE OFFICIAL ZONING MAP; PRE - SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDtNG A CLAUSE RELATING TO SEVERABILIN; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT HEREIN MADE; PROVIDING A PENALN; AND DECLARING AN EMERGENCY. � .. � GJIiEREnS, applications were made to amend the Official 7oning M��p, City of Grapevine, � Texas, by making applications for same with the Planning and Zoning Corr,mission of the City of Grapevine, Texas, as required by state statutes and the zoning ordinances of the City • of Grapevine, Texas , and all t:he legal requirements, conditions and pre-requisites having been complied with, the case haviny corne before the City Council of the City ,�.�� of Grapevine, Texas , af�er all legal notices, require� ments, conditions and pre-requisites having been complied ,� tvith; and, WHERE.I�S, 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 pedestrains using the facilities in the area ir�L�iediately surrounding the site; safety from fire hazards and me�sures for fire c:ontrol, protection of adjacent nr<�perty from flood or ��rater damages, noise . producing elem�nts �nd glare of the vehicular and stationary lights and erfect of such lights oti established character of the n�ighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent prop�rty, 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, welfare, effect on light and air, the effect on the over-crowding of the land, the effect on the concen- tration of population, the effect on the transportation, cvater, sewerage, schools, parks and other public facilities; and, , l^�HL:RF_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 following factors iri 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 sa�ety from same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the over-crowding of the land, the effeet on the concentration on population, the effect on the transportation ; water, sewerage, schools, parks and other � public faca.lities ; and, .... ,,,�„ L�I-iEREAS, the City Council further considered among other things the character of the district and its �peculiar suitab�lity for particular uses and with the view to con,serve the value of buildings, encourage the nost appropriate use of land throughout this city; and, t'�' WHERLAS, 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 bought or improved property with reference to the classification �vhich existed at the time �^�� their original investment was made; and, ,�.,, WF�EREAS, the City Council of the City af 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, 1r1HLREAS, 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 th�re has been a change in the conditions of the prop��rty surrounding and in close proximity to the property requested for a change since tha.s property was originally classified and therefore feels that a change in zoning classification for the particular piece of property is needed, is cal.led 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 �.� commun i ty; NOW� TI-iE1ZEFORE, � .. � �� BE IT ORDAINED BY THE CITY COUNCIL OF TNE 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 an� changed in �""� that the use of the following described property, to-wit: � Field Notes for a tract of land out of the Joel L. .. Hallum Survey, Abstract 722, in Tarrant County, Texas; described as follows: BEGINNING at a point in the center line of a public road on the east line of the Joel L. Hallum Survey, south 1358 feet from the northeast corner of said Hallum Survey, using public road as the north line of �aid Hallum Survey; THENCE, south 88 degrees 22 minutes west along the south � line of a, tract of land conveyed to Q. F. Jones and Wife, Laura M. Jones to A. F. Jones and recorded to Volume 2158, page 62, Deed records of Tarrant County, Texas, a distance of 125 feet to a point for a corner; THENCE north 100 feet to a point for a corner; � THENCE north 88 degrees 22 minutes east 125 feet to a point for a corner in the east line of the said Hallum _ � "��' Survey; � �' THENCE south 100 feet to the place of beginnirlg; , Save and except a strip of land 25 feet wide along the east line of the above described property. which is presently zoned C-2 Community Business District is changed to SP Specific Use Permit District for the retail sale of alcholic beverages for off premise co�sumption only and the storage of alcoholic beverages incidental to said retail sales and for the o�eration of a reta i I grocery store. � Section 1-A. That the district use on the property described in Section 1 is hereby approved 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. ,� (c) That the zoning granted shall be for a two(2) year period only. That at the expiration of two (2) years from the date of passage of this ordinance, this zoning shall ,,,,,�,�,; automatically and without any action whatsoever an the par.t of the council be deemed null and void and of no force and effect and the zoning shall revert back ipso facto to C-2 Community Business District Zoning. (d) That the owner of the property, A. F. Jones, and the applicant for this change of zoning, E. A. LaFontaine, shall be required as a requirement of this zoning change to sign a contract and agreement that recognizes that this zoning change is for a two (2) year period only, that this zoning at the end of two (2) years will automatically be deemed null and void, that the zoning will revert automatically ipso facto to C-2 Community Business District Zoning at the end of said two (2) year period, and that said contract and agreement shall be a covenant running with the land that shall be filed for record in the Deed Records of Tarrant County, �� Texas, and be binding by the present owners, heirs, sucessars and assigns. These above requirements shall not be construed as con- ditions 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. 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. �° °9 SECTION 4. That the zoning regulations and districts asherein established have been made in accordance with the comprehensive plant for the purpose of promoting health, safety, morals and the general welfare of the community. They have been designed, with respect to both present conditions and the conditions reasonable antici- pated to exist in the foreseeable future, to lessen con- gestion in the streets; to secure safety from fire, panic, flood and other dangers; provide adequate light and air; to prevent over-crowding of land, to avoid undue concen- tration 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 community. They have been made with reasonable consideration, among other things of the character of the district, and its peculiar suit- ability for the particular uses and with a view of con- serving 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, af- fecting zoning and shall not repeal any of the provisions �u=� of said ordinances which are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall not be deemed to be severable and that if the validity of the zoning or any part thereof, or any para- graph, sentence, section, sub-section or clause in this ordinance affecfing any portion of the tract or tracts of land described herein shall be declared to be invalid, void, illegal or unconstitutional, the same shall affect the validity of the zoning of the balance of the tract or tracts of land described herein, and the whole ordinance shall be deemed void and of no force and effect. 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 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 and emergency for the immediate preservation of the public business, property, health, safety and general welfare of the public which requires that this ordinance shal) become effective from and after the date of its final passage, and it accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, this the day of , 1975. _ '�'-� �, � �� /f,✓� MAYOR ATTEST: ��. C11Y SECRET RY APPROVED AS TO FORM AND LEGALITY: ..�--- - C ATTORNEY � � � . /, _ _ _ _ — � — --- -- - � 1a� � �; -L� � � � �1 � �► �� . �= - �� V7 �� '`, . . • �.� � � c� � �� - - . `— . � � � �'� �--,�' r�� . � � . _ . .- . � .., \� ` `� , '�<� �� J_ � 3" t!1 �" p _ '— _ � � � ci �� _ ; � d o oo� �' ,,: � _'� � � . -- ��.� �' �: _.��--� �-.___---.___._-- -_.��__..-o--_�_�-_--j_W_.._LL._,�___.,,..�.�_..�,__..�:----u--�----�- � _`? � _ -- � � �� . � � � .. l . f . I � � . � � . �� , , , _ .� : . ; � _ �� ; � , � . . . � _ . . � � � � � t . , . �� . � : , - ; : � ; � �, _� '_— —�. � � � ,, � � � � . ; o � r� � f . ��--- I � : � � :� ` __� _ ��`�� -__G ' - � -I i; r ��r --- i � . # ..�.,. . �' � -� � _: .._. _.,_.._--r-- . . r-�. �-.�_. � .� . �fltlti� . -- � � � ' . � � � i �� i �� l�'? - � � '( � 1 , . . , i � . �� ___� .. � -- -_-- _---__==--=�.__ .- --_ _ . .. .. _. � -_:.. _. ___ _.C�i�-- --- --_ -�I-- __ _ _ -`_ -_-_--� _- _ _._ __-- . J �.� /� /� : j�� - � i ` -�. � : �� .- � . . ' . ,( � �-� .�1 � - . �. ! �,�� •� -� � � f!f. � �-' \[�� y f �+�� -• Cl' ``' ' � r ' �' � --� � ' -- C � � � � - -------- ----. ------ _ _--- - - _ � . . 215 ; � � - _ __ _.- --- - . � / I . ; : . � � � i , . . i , l.�� _ � - _ _ �� . . . __ , � . � �---- -- - - –�------- — ,^��C�,-s. --_____------ � . ' r �. � � /3��eY��-- ,. : � � � � 1 � C ! Nc� ��,�' �`T�,�,� eS , ' r1 i ,� � � , � l Ss� i - --� _� . , � . ---- � � - -- -. , _ _ �-- _- _ o� I . �.:_�� _ �- /� � •j ��-s�{ � � - . � � �! � � � ,� , - 1 _�---_ _� � . - - � _ . � �! � � _ _ _ ._ _ -. �,� � ,� - � .�__.__�_______-�-- . � ,�� -- �--- � � . o � - . !.._�} _---- �'_ S � I�1S � �: � � � -� � � � � �� . � , � V v.. � + " ------ o- I �_� . - �� ,} _ _ _ _, . ..�.. ` , _ . . . ; � � - � _-� .� � _ _ _ . . U � ,�^, , i . �� o � cD _ � � � �----- �' : . � � �. � 4 ` � .W�-. ---- ------ , � � 10 : �'` � � -----� � ,,, � _ . � !""�`"" ��, � C� / ��'' }il zJ 7 S/ 'J J� ;�J `�' . � �_ V 4 � ; � t - -� � , __��- : , � "'- ' -.._-�__ _ �rr+r G : L� � � C -- . - :--- -b�J � �� o , a . �` / � �� ' � �'__ O� i �c�� _ _ . � � �� --- --------------------5 u�7'�j`��s' ��_ � a N � � �'— . , , _ �----- — � � ;% �_� -�_--___. _____----------- - - _ � . ' ' 1 t�---- �' - � . . l� �� . +� :� � ' ,`: `" ' `, � � (� = '� .:� �� S� '- , �. : � 1� '� I -7 � ,� �� _ �� : , f� v . , . � � ,.�% `, � - • - � � \ i . � � --- __ � `\ _.___ .. �