HomeMy WebLinkAboutORD 1989-039 ORDINANCE NO. g9-39
AN ORDINANCE AMENDING A CONDITIONAL USE
PERMIT ORDINANCE N0. 85-66 FOR THE STORAGE,
POSSESSION, RETAIL SALE, AND OFF-PREMISE
CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER
ONLY) IN CONJUNCTION WITH THE OPERATION OF A
CONVENIENCE STORE 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
�,Y� APPENDIX "D" OF THE CITY CODE, BY AMENDING
THE LANDSCAPING PLAN IN A DISTRICT ZONED "HC"
HIGHWAY COMMERCIAL UNDER CITY OF GRAPEVINE
ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A
SITE PLAN APPROVED PURSUANT TO SECTION 47 OF
ORDINANCE NO. 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 AMENDMENT OF THE SAID 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 an
amendment to conditional use permit Ordinance No. 85-66 by making
applications 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 amended 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 adeguacy 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 amended 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 amended 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 amended 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 pubiic requirements; and
WHEREAS, the City Council of the City of Grapevine, Texas,
has determined that there is a necessity and need for this
amended 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 amended 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 the above and foregoing preamble is hereby
incorporated herein and made a part hereof as if copied herein in
its entirety.
Section 2 . That Ordinance No. 85-66 of the City of
Grapevine, Texas (the "City" ) , which ordinance granted a
conditional use permit on Lot 3, Block 1 of the A. F. Leonard
4 Addition (also known as 506 and 510 East Northwest Highway) for
the storage, possession, retail sale and off-premise consumption
of alcoholic beverages (beer only) in conjunction with the
�*Y � operation of a convenience store and in accordance with a Site
Plan (the "Site Plan" ) , is hereby amended by amending the
Landscaping Plan portion of the Site Plan, which amended
Landscaping Plan is attached hereto as Exhibit "A" and
incorporated herein and which shall be and is hereby made a part
of the Site Plan, all in accordance with and as provided by
Sections 47 and 48 of Ordinance No. 82-73, the Comprehensive
Zoning Ordinance of the City of Grapevine. All other conditions,
restrictions, and safeguards imposed herein: Provide curb and
necessary paving along Dooley Street from the intersection of
Northwest Highway and Dooley Street to the northern most portion
of the driveway on Dooley Street.
Section 3 . That all provisions of conditional use permit
Ordinance No. 85-66 not amended herein shall not be amended and
are hereby ratified and reaffirmed herein.
Section 4 . The City Manager is hereby directed to amend the
official zoning map of the City of Grapevine, Texas, to reflect
the herein amended conditional use permit.
Section 5. 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 6 . 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 7 . 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 8 . 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 9 . That any person or corporation who shall violate
any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
build or alter any building or use in violation of any detailed
statement or plan submitted and approved hereunder, shall be
guilty of a misdemeanor and shall be liable to a fine of not more
than Two Thousand Dollars ($2, 000 . 00) , and each day such
violation shall be permitted to exist shall constitute a separate
offense. The owner or owners of any building or premises, or
part thereof, where anything in violation of this ordinance shall
be placed or shall exist, and any architect, builder, contractor,
agent, person, or corporation employed in connection therewith,
and who may have assisted in the commission of any such
violation, shall be guilty of a separate offense and upon
" conviction shall be fined as herein provided. The City of
Grapevine, likewise, shall have the power to enforce the
provisions of this ordinance through civil court action as
provided by State law.
Section 10. 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
accordingly so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 16th day of May , 1989 .
APPROVED:
. '���.f-!Z=-��.
Mayor
ATTEST:
. � �
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
�.,..�