HomeMy WebLinkAboutORD 1986-025 ORDIN�TCE NO. g 6-2 5
AN ORDINANCE ISSUING A CONDITIONAL USE
PERNIIT IN ACCORDANCE WITH SDCTION 48 OF
ORDINANCE NO. 82-73, THE COMPREHII�TSIVE
ZONING ORDINANCE OF THE CITY OF C�2AP�VINE,
TEXAS SAN1E BEING ALSO KNOWN AS APPEl�1IDIX "D"
OF THE CITY CODE, BY GRANrING A CONDITIONAL
= USE PERMIT FOR TF� STORACE, POSSESSION,
RETAIL SALE, AND OFF-PRII�SE CONSUMPTION OF
AL�COHOLIC BEVERAGFS (BEF12 ONLY) IN CON-
JUNCTION WITH THE OPERATION OF A CON-
�'�� VEL�TIE[�TTC� STORE IN A DISTRICT ZONED "CC"
CONIMUNITY CONI��RCIAL 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 O�R CONDITIONS,
RESTRICTIONS AND SAFEGUARDS IMPOSID HEREIN;
CORRECTING THE OFFICIAL ZONING MAP; PRE-
SERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CL�AUSE REI�ATING TO
SEVERABILITY; DEI�RMINING THAT THE PUBLIC
INTERESTS, MORALS AND GENERAL WELFARE
DEMAND THE ISSUANCE OF THIS CONDITIONAL USE
PERMIT; PROVIDING A PEL�TALTY NOT TO EXC�
THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
AND A SEPARATE OFFII�ISE SHALI� BE DEENIED
C�M'1ITTID UPON EACH DAY DURING OR ON WHICH
A VIOLATION OCCURS; AND DECLARING AN
F�2C�TCY
� Wt�RE�S, an application was made requesting issuance of a conditional use
pe:rmit by making applications for same with the Planning & Zoning Camnission
of the City of Grapevine, Texas, as required by State statutes and the zoning
�` " or3inance of the City of Grapevine, Texas, and all the legal requirements,
co:nditions and prerequisites having been ccxnplied 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;
an�3
WHEREAS, the City Council of the City of Grapevine, Texas, at a public
he,�ring 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
pe�3estrians using the facilities in the area inmtediately surrounding the site;
safety fran fire hazards and measures for fire control; protection of adjacent
pr��perty from flood or water damages, noise producing elements, and glare of
th�� vehicular and stationary lights and effect of such lights on established
ch�racter of the neighborhood; location, lighting, and types of signs and
re.lation of signs to traffic control and adjacent property; street size and
adequacy of width for traffic reasonably e_xpected to be generated by the
pr��posed use around the site and in the iltanediate neighborhood; adequacy of
pa:rking as determined by requirements of this ordinance for off-street parking
facilities; location of ingress and egress points for parking and off-street
la�ating spaces, and protection of public health by surfacing on all garking
�""'` areas to control dust; effect on the promotion of health and the general
we:lfare; effect on light and air; the effect on the overcrowding of the land;
the effect on the concentration of population; the effect on the
�„_� tr,�nsportation, water, sewerage, schools, parks and other facilities; and
Wf�RF,AS, the City Council of the City of Grapevine, Te�s, at a public
he,�ring called by the City Council of the City of Grapevine, Texas, did
consider the following factors in making a determination as to whether this
re�xuested conditional use pernlit should be granted or denied; effect on the
co�ngestion of the streets, the fire hazards, panics and other dangers possibly
pr��sent in the securing of safety fran same, the effect on the pranotion of
he,�lth and the general welfare, effect on adequate light and air, the effect
on the overcrowding of the land, the effect on the concentration of
po�aulation, the effect on the transportation, water, sewpxage, schools, parks
an�3 other public facilities; and
W�, all of the requirements of Section 48 of Ordinance No. 82-73
have been satisfied by the su}�nission of evidence at a public hearing; and
WI�REIIS, the City Council further considered among other things the
ch.aracter of the existing zoning district and its peculiar suitability for
particular uses and with the view to conserve the value of buildings and
en�courage the most appropriate use of land throughout this city; and
WHEREAS, the City Council of the City of Grapevine, Texas, does find that
�-- = th�ere is a public necessity for the granting of this conditional use permit,
th�t the public demands it, that the public interest clearly requires the
am�nchnent, that the zoning changes do not unreasonably invade the rights of
th��se who bought or improved property with reference to the classification
which existed at the time their original investment was made; and
Wf-IER�,AS, the City Council of the City of Grapevine, Texas does find that
th�e conditional use permit lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers, prevents the overcrowding of land,
av�oids undue concentration of population, facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
re�quirements; and
WHEREA.S, 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
th�e 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
pr�perty 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 pramote the
general health, safety and welfare of this community.
NOW, THII2EFORE, BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF
GR?�PEVINE, TEXAS:
Section 1. That the City does hereby issue a conditional use permit in
�.,,..
ac�cordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning
Or.3inance of the City of Grapevi.ne, Texas same being also �own as Appendix
"D" of the City Code, by granting a conditional use permit for the storage,
possession, retail sale, and off-premi.se constunption of alcoholic beverages
(beer only) in conjunction with the operation of a convenience store in a
district zoned "CC" Co�renunity Commercial District under City of Grapevine
Ordinance No. 82-73 within the following described property: a portion of Lot
1, Block 1 of the Timberpoint Addition to the City of Grapevine, Texas also
kn��wn as the Best Mart Convenience Store, 2636 William D. Tate Avenue, all in
aa�ordance 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
co:nditions, restrictions, and safeguards imposed herein: None.
Section 2. The City Manager is hereby directed to amend the official
zo:ning map of the City of Grapevine, Texas, to reflect the herein conditional
us�� permit.
Section 3. That in all other respects the use of the tract or tracts of
la:nd herein above described shall be subject to all the applicable regulations
co:ntained in said City of Grapevine zoning ordinance and all other applicable
an�3 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 ccxnprehensive plan for the
purpose of pranoting health, safety, morals and the general welfare of the
„�;� co�ranunity. They have been designed with respect to both present conditions
an�3 the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to secure safety fran fire, panic, flood
an�3 other dangers; provide adequate light and air; to prevent overcrowding of
land, to avoid undue concentration of population; facilitate the adequate
pr��visions of transportation, water, sewerage, drai.nage and surface water,
pa:rks and other public requirements, and to make adequate provisions for the
no:rnial business, co�nercial need.s and develognent of the conanunity. They have
be�rn made with reasonable consideration, ampng 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 throughout the co�anunity.
Section 5. This ordinance shall be cumulative of all other ordinances of
th�e City of Grapevine, Texas, affecting zoning and shall not repeal any of the
pr�visions of said ordinances except in those instances where provisions of
th�ose 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 camply therewith, or with any of the
re�quirements thereof, or who shall build or alter any building or use in
violation of any detailed statement or plan su}:xr►itted 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,
an�d 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
pr�vided. The City of Grapevine, likewise, shall have the power to enforce
th�� 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
th� City of Grapevine, Texas are inadequate to properly safeguard the health,
�= � safety, morals, peace and general welfare of the inhabitants of the City of
Gr.apevine, 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 frcan and after the
date of its final passage, and it is accordingly so ordained.
PASSID AND APPROVID BY THE CITY COUNCIL OF TI� CITY OF GRAPEVINE, TEXAS
on this the 18th day of March, 1986.
APPROVID:
Mayor
ATI�ST:
��°-S Ci-t Secretary
��; AP:PROVID AS TO FORM AND LEGALITY:
�
Ci�ty Attorney
EXHIBIT "A" , PAGE 1
TO ORDINANCE NO. 86-25
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EXHIBIT "A" , PAGE 2
TO ORDINANCE NO. 86-25
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