HomeMy WebLinkAboutORD 1989-024 ORDINANCE NO. gq_24
AN ORDINANCE ISSUING A SPECIAL USE PERMIT IN
ACCORDANCE WITH SECTION 49 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 GRANTING A SPECIAL USE PERMIT FOR ONE (1)
�"`"" gILLIARD TABLE AND FOURTEEN (14) SKILL OR
PLEASURE COIN-OPERATED MACHINES IN
CONJUNCTION WITH THE OPERATION OF A
,�,,�,,.� RESTAURANT IN A DISTRICT ZONED "CBD" CENTRAL
BUSINESS DISTRICT UNDER CITY OF GRAPEVINE
ORDINANCE N0. 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 ISSUANCE OF THIS SPECIAL 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; AND DECLARING AN EMERGENCY
WHEREAS, an application was made requesting issuance of a
special use permit 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 special 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 special 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 49 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 special 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 special 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
% special 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 special 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 City does hereby issue a special use
permit in accordance with Section 49 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
granting a special use permit for one (1) billiard table and
fourteen (14) skill or pleasure coin-operated machines in
conjunction with the operation of a restaurant in a district
zoned "CBD" Central Business District under City of Grapevine
Ordinance No. 82-73 within the property described as 432 south
Main Street (Lot 15 and South 33 ' of Lot 14 , Block 3 of the
��,.� Original Town of Grapevine) , 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 "A" , and all other
conditions, restrictions, and safeguards imposed herein: None.
Section 2 . The City Manager is hereby directed to amend the
official zoning map of the City of Grapevine, Texas, to reflect
the herein special use permit.
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.
Section 4 . 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 5. This ordinance shall be cumulative of all other
ordinances of the City of Grapevine, Texas, affecting zoning and
shall not repeal any of the pravisions of said ordinances except
in those instances where provisions of 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 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 7 . That any person or corporation who shall violate
r any of the provisions of this ordinance or fail to comply
therewith, or with any of the requirements thereof, or who shall
�ttr ;, 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 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 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 21st day of March , 1989 .
APPROVED:
�.
Mayor pro Tem
ATTEST:
City e retary
�,.,.,,
APPROVED AS TO FORM AND LEGALITY:
��_.
City Attorney
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