HomeMy WebLinkAboutORD 1985-066 ORDINANCE NO. 85-66
AN ORDINANCE ISSUING A CONDITIOriAL USE
PERMIT IN ACCORDANGE WITH SECTION 48 OF
ORDINANCE NO. 82-73, THE CONiPREHII�TSIVE
ZONING ORDINANCE OF THE CITY OF GRAPEVINE,
Z�XAS SANlE BEING ALSO KNOWN AS APPEL�IDIX "D"
OF '1� CITY CODE, BY GRANTING A CONDITIONAL
� � USE PERMIT FUR 'I'HE STORAGE, POSSESSION,
RETAZL SALE, AND OFF-PRENLTSE CONSUMPTION OF
ALCOHOLIC BEVERAGFS (BEER ONLY) IN CON-
��:�
,7iJNCTION WITH TFiE OPERATION OF A CON-
VE�TIII�TCE STORE IN A DISTRICT ZONED "HC"
HIGHV�IY COMMEERCIAL 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 AL�L 0'I'I�R
CONDITIONS, RESTRICTIONS AND SAF'EGUARUS
INIPOSID HEREIN; CORREC'I'ING THE OFFICTAT,
ZONING MAP; PRESERVING ALL C7i'HII� PORZ'IONS
OF THE ZONING ORDINANCE; PROVIDING A CLAUSE
RII�ATING TO SEVERABILITY; DE`I'ERM�INING THAT
� PULLIC INTERESTS, MORAIS Al�ID GENERAL
WII,FARE DF•MAND THE ISSUANCE CF THIS
CONDITIONAL USE PERMIT; PROVIDING A PE[QALTY
1Vp'I' TO F�;CEED THE SUM OF ONE THOUSAND
DpLLARS ($1,000.00) AND A SEPARATE OFFENSE
SHALL BE DEII�'.D CONIl��ITI� UI'ON EACH DAY
DURING OR ON WHI(�i A VIOLATION OCCURS; AND
DF]CLARING AN II�RGEL�TCY
Wf�REAS, an application was made requesting issuance of a conditional use
"` permit by making applications for same with the Planning & Zoning Ccarmission
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
V�REA.S, 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 u�diately surrounding the site;
safety frcan fire hazards and measures for fire control; protection of adjacent
property fram flood or water damages, noise producing ele�uents, and glare of
the vehicular and stationary lights and effect of suc�h 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 reascnably expected to be generated by the
proposed use around the site and in the i��ediate neighborhood; adequacy of
parking as deternnined by requirements of this ordinar�ce 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 prc�notion 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, sew�rage, schools, parks and other facilities; and
�.�
WI�REAS, 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
congestior. of the streets, the fire hazards, panics and other dangers possibly
present in the securing of safety frcan same, the effect on the pranotion of
health and the general welfare, effect on adequate light and air, the effect
oii the overcrow�ing 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 requir�nents of Section 48 of Ordinance No. 82-73
have been satisfied by the su�mission of evidence at a public hearing; and
Vv'HEREAS, 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
� x 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
amenchnent, 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
WHEFt�AS, the City Council of the City of Grapevine, Texas does find that
the conditional use permi.t lessens the congestion in the streets, helps secure
safety fram 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
[nh�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 a.nd in close prox�mity 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 co�nunity.
NOW, THEREFORE, BE IT ORDAINID BY 'I'I� CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
. f,.......,
Section l. That the City does hereby issue a conditional use permit in
,� � accordance with Section 48 of Ordinance No. 82-73, the Canprehensive 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 off-premise constunption of alcoholic beverages
(beer only) in conjunction with the operation of a convenience store in a
district zoned "HC" Highway Comnercial under City of Grapevine Ordinance
No. 82-73 within the following described property: Lot 3, Block l, of the
A. F. Leonard Addition to the City of Grapevine, Texa.s (506 & 510 East North-
west 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 conditions, restrictions, and safeguards im�osed 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 tlze use of the tract or tracts of
land herein above described shall be subject to all the applicable regulations
contair�ed 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 canprehensive plan for the
purpose of pr�ting health, safety, nlorals and the general welfare of the
�,� ca�ununity. They have been designed with respect to both present conditions
ancl the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to secure safety frcm 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, se�rerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
normal business, co�nercial needs and develo�xnent of the community. They have
been made with reasonable consideration, airbng 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 co�anunity.
Section 5. This ordinance shall be cLm�tulative 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
tY�iose 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 %. 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 su�mitted and approved hereunder,
shall be guilty of a misde�ueanor and shall be liable to a fine of not mpre
than One Thousand Dollars ($1,000.00) , and each day such violation shall be
permitted to exist shall constitute a separate offense. The dwner or awners
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,
ccntractor, agent, person, or corporation employed in connection therewith,
and who may have assisted in the ca�nission 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 pawer 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 regulatioris 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 itmlediate preservation of the
public business, property, health, safety and general w�lfare 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 APPR0�7ID BY 'I'HF% CITY COUNCIL OF THE CITY OF GRAPEVINE, TEX�1:
on this the 15th day of October, 1985.
APPROVID:
r;ayor
ATI'EST:
Q1`�-�w Qiltitti-
City Secretary
APPROVED AS TO FORM AND LEGALITY:
�
�
City Attorney