HomeMy WebLinkAboutORD 1990-028 ORDINANCE NO. 90-28
AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT
IN ACCORDANCE WITH SECTION 48 OF ORDINANCE
N0. 82-73, THE COMPREHENSIVE ZONING ORDINANCE
OF THE CITY OF GRAPEVINE, TEXAS SAME BEING
ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE,
BY: (1) GRANTING A WAIVER TO SPECIFIC
�„ REQUIREMENTS OF SECTION 47E.2 PURSUANT TO
SECTION 47F OF ORDINANCE N0. 82-73; (2)
GRANTING A CONDITIONAL USE PERMIT FOR AN
AMENDMENT TO THE SITE PLAN APPROVED BY
'� ORDINANCE NO. 83-23 TO ALLOW CERTAIN CHANGES
TO THE PREMISES INCLUDING GASOLINE SALES, CAR
WASH AND THE POSSESSION, STORAGE, RETAIL SALE
AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC
BEVERAGES (BEER ONLY) IN CONJUNCTION WITH THE
OPERATION OF A CONVENIENCE STORE IN A DISTRICT
ZONED "CC" COMMUNITY COMMERCIAL AND "SP" SITE
PLAN UNDER CITY OF GRAPEVINE ORDINANCE
N0. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN
APPROVED PURSUANT TO SECTION 47 OF ORDINANCE
N0. 82-73 AND ALL OTHER CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING
ALL OTHER PORTIONS OF THE ZONING ORDINANCE;
PROVIDING A CLAUSE RELATING TO SEVERABILITY;
DETERMINING THAT THE PUBLIC INTERESTS, MORALS
AND GENERAL WELFARE DEMAND THE ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A
PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2, 000 . 00) AND A SEPARATE OFFENSE
SHALL BE DEEMED COMMITTED UPON EACH DAY DURING
� OR ON WHICH A VIOLATION OCCURS; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
�
WHEREAS, an application was made requesting issuance of a
conditional use permit by making application for same with the
Planning & Zoning Commission of the City of Grapevine, Texas, as
required by State statutes and the zoning ordinance of the City of
Grapevine, Texas, and all the legal requirements, conditions and
prerequisites having been complied with, the case having come
before the City Council of the City of Grapevine, Texas, after all
legal notices requirements, conditions and prerequisites 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 this
requested conditional use permit 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 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
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 conditional use permit
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 of population, the effect on the
transportation, water, sewerage, schools, parks and other public
facilities; and
�""''' WHEREAS, all of the requirements of Section 48 of Ordinance
No. 82-73 have been satisfied by the submission of evidence at a
public hearing; and
WHEREAS, the City Council further considered among other
things the character of the existing zoning district and its
peculiar suitability for particular uses and with the view to
conserve the value of buildings and 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 granting of this
conditional use permit, 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, Texas does
find that the conditional use permit lessens the congestion in the
streets, helps secure safety from fire, panic and other dangers,
�$� 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 conditional
use permit 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 the
issuance of this conditional use permit 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 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 pursuant to Section 47F of Ordinance
No. 82-73 , as amended, the City Council hereby grants a waiver to
the specific requirements of Section 47E.2 of Ordinance No. 82-73,
as amended.
Section 2 . That the City does hereby issue a conditional use
�,,, permit in accordance with Section 48 of Ordinance No. 82-73 , the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas same
being also known as Appendix "D" of the City Code, by: (1)
granting a conditional use permit for an amendment to the site plan
approved by Ordinance No. 83-23 to allow gasoline sales, car wash
and the possession, storage, retail sale and off-premise
consumption of alcoholic beverages (beer only) in conjucntion with
the operation of a convenience store in a district zoned "CC"
Community Commercial District and "SP" Site Plan under City of
Grapevine Ordinance No. 82-73 within the following described
property, attached hereto and made a part hereof as Exhibit "A" ,
all in accordance with a site plan approved pursuant to Section 47
of Ordinance No. 82-73, attached hereto and made a part hereof as
Exhibit "B" , and all other conditions, restrictions, and safeguards
imposed herein, including but not limited to the following: None.
Section 3 . The City Manager is hereby directed to amend the
official zoning map of the City of Grapevine, Texas, to reflect the
herein conditional use permit.
��
Section 4 . 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.
Section 5 . That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plan 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 overcrowding 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 of conserving the value of
buildings and encouraging the most appropriate use of land
throughout the community.
�#�
Section 6 . 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 7 . 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 same shall
not affect the validity of the zoning of the balance of the tract
or tracts of land described herein.
Section 8 . Any person violating any of the provisions of this
ordinance shall be deemed guilty of a misdemeanor and upon
conviction thereof shall be fine in a sum not to exceed Two
Thousand Dollars ($2 ,000 .00) and a separate offense shall be deemed
committed upon each day during or on which a violation occurs or
continues.
Section 9 . 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
y,�,,, requires that this ordinance shall become effective from and after
the date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 15th day of May, 1990 .
APPROVED:
�
��
Ted R. Ware
Mayor Pro Tem
,�„ ATTEST:
�
Li da Huff
City Secretary
APPROVED AS TO FORM AND LEGALITY:
��
John F. Boyle, Jr.
City Attorney
��
�
�
EXHIBIT "A" TO
ORDINANCE NO. 90-28
C1�9 0— 05
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�, _, CHEVRON ADDITION �
METES AND BOUNDS DESCRIPTION
Being a 0 .7022 acre tract of land in the William Bradford Survey,
abstract 131, said tract being in the City of Grapevine, Tarrant
County, Texas and being more particularly described as follows:
Beginning at the most northerly intersection of the north line of
State Highway No. 114 (variable R.O.W. ) with the east line of Main
�"rePt- (Spur l Q'� ) (1�0' R.O.W. ) ; •
Thence N OOd 09' 31" E along said east line of Main Street for a
distance of 90.0 feet to an iron rod for corner, said point being
the corner of Lot 1 Block 1 of the Robert Thomas Addition, an
addition to The City of Grapevine, Texas, according to the plat
thereof as recorded in volume 388-218 at page 2 of the plat records
of Tarrant County, Texas;
Thence S 89d 37' 04" E along the west line of said lot 1 of the
Robert Thomas Addition, a distance of 180,00 feet to a nail for
corner .
,� , Thence S OOd 23 ' 42" W along the north line of said Lot 1 of the
Robert Thomas Addition, a distance of 205.98 feet to a brass
monument in concrete for corner;
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Thence N 84d 32' S7" W for a distance of 80.00 feet to a brass
monument in concrete for corner;
Thence N 42d 09' 05" W along said north line of 5tate Highway No.
114 for a distance of 147.80 feet to the point of �eginning and
containing 0.7022 acr_es or 30,586 square feet or land more or less.
�
16051 ADDISON RD. SUITE 306 LB 4 DA�LAS, TEXAS 75248 (214) 991-4475
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