HomeMy WebLinkAboutORD 1973-041 ORDINANCE NO. 73-41
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 QF GRAPEVINE, TEXAS,
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GRANTING A ZONING CHANGE ON A TRACT OF LAND
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DESCRIBED AS: BEING A TRACT OF LAND IN THE E. F.
MOORE SURVEY IN 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 RETAIL SALE OF ALCOHOLIC
BEVERAGES FOR OFF PREMISES CONSUMPTION ONLY A1�D
THE STORAGE OF ALCOHOLIC BEVERAGES INCIDENTAL TO SAID
RETAIL SALE ALL AGCORDING TO THE SITE PLAN ATTACHED
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HEREOF AND MADE A PART HEREOF; CORRECTING THE
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OFFIC�AL ZONING MAP; PRESERVING ALL OTHER PORTIONS
OF 'II-i E ZONING ORDINANCE; PROVIDING A SEVERABILITY
CLAUSE : DETERMING THAT THE PUBLIC INTEREST, MORALS
AND GENERAL WELFARE DEMAND A ZONING Q�ANGE AND
AMENDMENT HEREIN MADE; PROVIDING A PENALTY AND
DECLARING AN EMERGENCY,
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WHEREAS, 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,
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as required by state statutes and the zoning ordinance of the City of Grapevine,
Texas, and all the legal requirements, conditions and pre-requisites having
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been complied with, the cases having come before the City Council of the City
of Grapevine, Texas, after all legal notices, requirements, 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 sites; 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 rela tion of signs to
traffic control and adjacent property, street size and adequacy of width for
traffic rea sonably 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-crowing of the land, the effect on the concentration
� of population, the effect on the transportation, water, sewerage, schools, parks
and other public facilities; 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 over-crowing
of the land, the effect on the concentration on population, the effect on the
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transportation; water, sewerage, schools, parks and other public facilities; and
WHEREAS, the City Council further considered among other things
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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 requires 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, 7'e�a s
�„�, 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
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 conditior� 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 cla ssification 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,
and helps�promote the general health, safety and welfare of this community;
NOW, THEREFORE,
BE IT ORDAi NED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
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SECTION 1. That the City of Grapevine Orc�nance No. 70-10,
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being the Comprehensive Zoning Ordinance of the City of Grapevine, Texa�,
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:
A tract of land out of the E. Moore Survey, A-1029, Tarrant
County, Texas, and being further de�cribed by metes and bounds
as follows:
BEG INNING at the Southea st corner of a tra ct of la nd conveyed
to Frank Robbins et ux in Volume 3162, page 435, Deed Records,
Tarrant County, Texas, said point also being in the Westerly
� ° R. O. W. line of Dallas-Northwest Highway #114;
� � THENCE South 17 degrees 28 minutes East along said Westerly
i R. O. W. line of Dallas-Northwest Highway #114 a distance of
180.4 feet to it's intersection with the North R. O. W. line of
Old Grapevine-Cardinal Road;
THENCE N�rth 89 degrees 51 minutes West along said North
R. O. W. line of Old Grapevine-Cardinal Road a distance of
228.3 feet to a steel rod for corner;
THENCE North 0 degrees 09 minutes East along the East line
of a tract conveyed to Michael G. Albano as recorded in Volume
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2438 page 118 Deed Records Tarrant County, Texas, and continuing
a total distance of 173. 9 feet to a steel rod for cor.ner;
� THENCE South 89 degrees 51 minutes East a distance of 169. 0
feet to the place of BEGINNING;
which is presently zoned C-2 Community Business District is changed to SP
Specific Use Permit District for the retail sale of alcoholic beverages for
off premises consumption only and the storage of alcoholic beverages incidental
to sa id reta il sa le
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 praperty shall be in
�' '� conformance with the Site Plan attached hereto and made a part hereof for
� �� al1 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 sha11 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.
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SECTION 2. The City Manager is hereby directed to correct the
official zoning maps of the City of Grapevine, Texas, to reflect the herein change
in zoning.
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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 ;
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regulations contained in said City of Grapevine zoning ordinance and all other
applicable and pertinent ordinances of the City of Grapevine, I
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SECTION 4. That the zoning regulations and districts as herein
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 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 over-crowding 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 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 cf conserving the value of buildings and enco�aging 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 affecting zoning and shall not repeal any
of the provisions of said ordinances except in those instances where provisions of
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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 severa.ble 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 subject to the same penalties
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provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine,
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Texa s.
SECTION 8. The fact that the present zoning ordinance and
regulations of the City are inadequate to properly safeguard the health, safety,
morals, peace and general welfare of the inhabitants of the City creates an
emergency for the immediately 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, as provided by
, the Charter of the City, and it is accordingly so ordained,
� " PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAP�VINE,
� TEXAS, this the 4th day of seatember A,D. 1973,
— � ��i'�'��'-�
M
ATTEST:
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it ecretar
PROVED AS T O
"'�"� ity torney
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' EXHIBIT "A" , PAGE 1 OF 2
TO ORDINANCE NO. 73-41
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g E' I E l. � �. G 'T E S
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� �'?E�p F.CITES of` s tract aP l.and �ut of the E . i3�,aare� Su�vey, A��029f
� T�rrent i:�unty, Tex�s , end b�ing Purther de�crlred by �aetess end
� b�unci� a:� follc��u� :
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�� BEGIr�:NIP'G at t�» Sc�ut'rrea�a�t corner of �► tr�ct oP land. �onveyed �q
�r�nk �c�bbin� �� ux in Ualuaa+� 3162, �a�9� 43� , f3�ec� Recordm��T�line�
' Coun�y , Tex�� , s�id point t�lsv be�ng in the i�e�terly R. 0
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oF ��118s-�4rthaue�t Nighwe�y �114 ;
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l,tn� of D�12e�-�iorthwe�t �!ic�h�ray �114 � d�.�t��c� caf 1��.� feet to
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stee�. rad foz� corner;
� T�-tE:�;G� $:ar�.h 0 d�grees Qg mi�!ute� E:as°� alang the Ea�at lini aF a
� t�ac� cr�nvey�d to �li�heel G. A3bnnn as record�d in Us�iu�� 243dr
� pag� 118, Qeed Records� Trsrrsnt County , Tax�,� , �ntt continuing a
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TO ORDINANCE N0. 73-41 �
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