HomeMy WebLinkAboutORD 1986-017 ORDINANCE NO. 8 6-17
AN ORDINANCE ISSUING A CONDITIONAL USE
PERMIT IN ACCORDANCE WITH SECTION 48 OF
. ORDINANCE N0. 82-73, Tf� COMPREIiII�ISIVE
ZONING ORDINANCE OF Z�-� CITY OF GRAPEVINE,
TEXAS SAN1E BEING ALSO KNUWN AS APPIIVDIX "D"
OF THE CITY CODE, BY GRANTING A CONDITIONAL
,�, USE PERMIT FOR TF� STORAGE, POSSESSION,
RETAIL SALE, AND ON-PRENLZSE CONSUMPTION OF
ALCOHOLIC BEVERAGES IN CONJUNCTION WITH THE
OPERATION OF A RESTAURAN'I' IN A DISTRICT
� ZONED "HC" HIGHWAY CODM�RCIAL UNDER CITY OF
GRAPEVINE ORDINANCE NO. 82-73 ALL IN AC-
CORDANCE WITH A SITE PLAN APPROVED PURSUANT
TO SECTION 47 OF ORDINANCE N0. 82-73 AND
pr,T, OTHII2 CONDITIONS, RESTRICTIONS AND
SAFEGUARDS IMPOSID HEREIN; CORREC.'TING �
OFFICIAL ZONING MAP; PRESERVING ALZ OTHER
PORTIONS OF THE ZONING ORDINANCE; PROVIDING
A CLAUSE REI�P,TING TO SEVERABILITY; DETER-
MINING THAT THE PUBLIC INTERESTS, MORALS
AND GIIVERAL WELFARE DII�I�ID TI-� ISSUANCE OF
THIS CONDITIONAL USE PERMIT; PROVIDING A
PEL�TALTY NOT TO EXCEED TI-iE SUM OF ONE
THOUSAND D07.�L,ARS ($1,000.00) AND A SEPARATE
OFFIIVSE SH�LL BE D� COMNLITTID UPON EACH
DAY DURING OR ON WHICH A VIOLATION OCCURS;
AND DECI�P,RING AN II�IERGEDtCY
WHEREAS, an application was made requesting issuance of a conditional use
permit by making applications for same with the Planning & Zoning Camnission
� 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 requiremerits, conditions and prerequisites having been complied with;
and
Wf�'�tEAS, 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 deternu.nation 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 inur�ediately surrounding the site;
safety fran fire hazards and measures for fire control; protection of adjacent
property fran flood or wa�er damages, noise producing elements, and glare of
the vehicular and stationary lights and effect of such lights on established
character of the neighborhood; location, lightinq, 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 inariediate neighborhood; adequacy of
parking as deterntined 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 pranotion 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
Wf�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 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 fran 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
��, all of the requirements of Section 48 of Ordinance No. 82-73
have been satisfied by the su}snission of evidence at a public hearing; and
Wf�.S, 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
Wf�RF,AS, 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
amenc�nent, 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
WI�.S, the City Council of the City of Grapevine, Te�as 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
Wi�REAS, 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 comnunity.
NOW, THII2EFORE, BE IT ORDAINID BY TI� CITY COUNCIL OF TI� CITY OF
GRAPEVINE, TEXAS:
�
Section 1. 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 granting a conditional use permit for the storage,
possession, retail sale, and on-premise constunption of alcoholic beverages in
conjunction with the operation of a restaurant in a district zoned "HC" High-
way Co�nercial under City of Grapevine Ordinance No. 82-73 within the fol-
lowing described property: a portion of the Northwest Crossing Shopping
Center Addition, Phase 1, to the City of Grapevine, Texas (c�anonly known as
the Silver Hook Seafood House, 447 E. Northwest Highway) , 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 condi-
tions, 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 conditional
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 camprehensive plan for the
purpose of prcxnoting health, safety, mprals and the general welfare of the
ccxtmunity. 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 fran 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 develognent of the co�nunity. They have
been made with reasonable consideration, among other things, of the character
of the district, and its peculiar suitability for the garticular uses and with
a view of conserving the value of buildings and encouraging the most
appropriate use of land throuqhout the comnunity.
Section 5. This ordinance shall be ctunulative 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 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 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 sukxnitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not more
than One Thousand Dollars ($1,000.00) , 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 conmission 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 i�nediate preservation of the
�� public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fran and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS
on this the 25th day of February , 1986.
APPROVED:
Mayor
AT�EST:
�`"� City Secretary
APPROVID AS 'Ib FORM AND LEGALITY:
City Attorney
i �
I EXHIBIT "A" , PAGE 1 TO
i ORDINANCE NO. �6-17
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