The URL can be used to link to this page

Home My WebLink AboutORD 1985-050 ORDINANCE NO. 85-5G AN ORDINANCE ISSUING A. COI�IDITIONAL USE PERMIT IN ACCORDANCE WITH SE�IION 48 OF ORDINANCE NO. 82-73, TI� COMPRII-IINSIVE ZONING ORDINANCE OF THF; CITY OF GRAPEVINE, TEXAS SAN� BEING ALSO KNOWN AS APPIIVDIX "D" OF THE CITY CGDE, BY GRANTING A CONDITIONAL *" liSE PERNIIT FOR THE STORAGE, POSSESSION, RETAIL SALE, AND ON-PRF��LZSE CONSUMPTION GF RI,COHOLIC B�ES (BEER ONLY) IN CON- �,:�, JUi�TCTION WITH Tf� OPERATION OF A RESTAURANI' IN A DIS'I'RICT ZONED "HC" HIGH4v�Y CON'MERCIAI, UNDER CITY OF CiRAPEVINE ORDINANCE NO. 82-73 AI�L IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NG. 82-73 AND ALL 0'I'HER CONDITIONS, RESTRICTIONS AND SAF�GUARDS IMPOSID HEREIN; CORRECTING THE UFFICIAL ZONING MAP; PRE- Sg2VIlvG ALL dPHER PORTIONS GF` 'I�E ZONING ORDINANCE; PRdVIDING A CLAUSE REL�ATING TO SEVERABILITY; DETEFtN',INING THAT THE PUBLIC INTERESTS, MORIIL.S AND GEI�ER�1L WEL�FARE DFMAND THE ISSUANCE OF THIS CONDITIONAL USE PERNIIT; PROVIDING A PII�IALTY NOT 'I'O EX� � scmi oF � Txous�.v� Dor�s ($l,GOG.oo) AND A SEPARATE GFFEDISE SNAI�I, BE DEENIED CONIl�iI2TEC UPON EACH DAY DURING OR ON WHICH A VIGLATION OCCURS; AND DECI�FtING AN ENIERC�ENCY WHERF,AS, an application was made requesting issuance af a conditional use "� ' �rn1it by making applications for same with the Planning & Zoning Cc�mission of the City of Grapevine, Texas, as require�l. by State statutes and the zoning � ,,� ordinance of the City of Grapevine, Texas, and all the legal requirements, conditions and prerequisites having been cc7tnplied with, the case having come before the City Ccuncil of the City of Grapevine, Texas, after all legal notices reguir�nents, 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 Cour,cil did consider the following factors in making a det�rmi.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 inm�diately surrounding the site; safety fran fire hazards and measures for fire contxol; protection of adjacent property frcan flood or water damages, noise producing elements, and glure of the vehiculax 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 �roposed use around the site and in the inmediate neighborhood; adequacy of parking as deterniined by requirements of this ordixiance for off-street park�ng facilities; location of ingress and egress �ints for parking and off-street lacating spaces, and protection of public health by surfacing on all parkir.g 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; th� effect on the concentration of population; the effect on the transportation, water, sew�erage, schools, parks and other facilities; and W�REAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City cf Grapevine, Texas, did consider the followi.ng factors in making a determi.nation as to whether this requested conditional use pezmit should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possi.bly present in the securing of safety from same, the effect on the pramr�tion of health and the general welfare, effect on adequate Iight and air, the effect on the overcrowding of the land, the effect or. the concentration of populati.on, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and Wf�REAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the suY�iission of evidence at a public hearing; and Wf�EREAS, 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 Tnh�REAS, the City Council of the City of Grapevi.ne, Texas, does find that �" there is a public necessity for the granting of this conditional use pezmit, that the public demands it, that the public interest clearly requires the amenc3ment, that the zoning changes do not unreasonably invade the rights of those who bought or improved property witl-i reference to the classification which existed at the time their original investment was made; and Wf�REAS, the City Council of the City of Grapevine, Texas does find that the conditional use permit lessens the congestion i.n 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 transportaticn, water, sew�erage, schools, parks and other public requirements; and 4V�S, the City Council of the City of Grapevine, Texas, has deteYmined that there is a necessity and r.eed for this conditional use permit and has also found and detern�ined that there has beer� a change in the conditions of the property si:rrounding and in close proximity to the property requested for a change since this property was originally classified and, therefore, feels tY��at the issuance of this conditional use pennit 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�snunity. NOW, �RE�'ORE, BE IT ORDAINEG BY THE CITY COUNCIL OF 'I'I� CITY OF �, . GRAPEVINE, TEXA.S: Section 1. That the City does hereby issue a conditional use peYmit in � ;, accordance with Section 48 of Ordinance No. 82-73, the C�rehensive 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, pessession, retail sale, and on-premise consLunption of alcoholic beverages (beer only) in conjunction with the operation of a restaurant in a district zoned "HC" Highway Co�runercial under City of Grapevine Ordinance No. 82-73 withir� the following described property: Lot l, Block A, of the Bill Massey F'urniture Cc�ar.y, Inc. Addition to the City of Grapevine, Texas (600 W. Northwest Highway) all in accordance with a site plan approved pursuant to Section 47 cf 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 N',anager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. 5ection 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 ��d pertinent ordinances of the City of Grapevine, Te.xas. '""��'� Section 4. That the zcning regulations and districts as herein established have been made in accordance with the comprehensive plan for the purpose of pranoting health, safety, morals and the general w�elfare of the comnunity. They have been desigr.ed 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 ar�d other dangers; provide adequate light and air; to prevent overcrow�ding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, water, sewerage, drainage and surface water, �arks and other public requirements, and to make adequate provisions fcr the r.ormal business, co�nercial needs and deve]_ognent of the comnunity. They have been ma.de 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 conservi.ng the value of buildings and encouraging the most appropriate use of land throughout the community. Section 5. This ordinarice shall be c�nulative 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 ordir�ances 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 ar�y portion of the tract or tracts of land described herein shall be decla.rEd to � �e 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 cc�nply therewith, or with any of the requiremer�ts 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 misdemeanor and shall be liable to a fine of not m�re than Cne Thousand Dollars ($1,000.00) , and each day such violation shall be peYmitted to exist shall cor��titute a separate offense. The awner or a�mers of any building or prEmises, or part thereef, where anything in violation of this ordinar�ce shall be placed or shall exist, and any architect, builder, contractor, agent, person, or r.orporation �nployed in cennection therewith, and who may have assisted ir� the cca►mission of any such violation, shall be guilty of a separate offense and upon convictior� shall be fined as herein provided. The City of Grapevine, likewise, shall have the power to enforc� 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 w�elfare of the inhabitants of the City of Grapevine, Texas, creates an emergency for the inmediate preservation of the public business, property, health, safety and general w�lfare 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. ��:.,w PASSID AND APPROVID BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 17th day of September, 1985. APPROVID: ��%��l Mayor ATTEST: Cit Secretary ^ �a�, APPROVED AS TO FORM AND LEGALITY: � City Attorney y e . �� :NI "_Id ;n738ave s,e3��c �e3r+,Mo ' � ' ..., �' Svx31 '3Nin3doa� �. � �� lauue�d -;�a;tya�� r AVMH�IN 1S3MH1tlON M oos n "rr .,�'. sJa6oa •3 �asy��yy f iid �n�3eave s,xay�io E � ,1 � �� n t. � 1-� �� --4-, -- a , , ;,,_ , ,.., � — .z.�,i�s�.7 ;,{�•� ��.,. ;,�,��'/-?, �.�� , , �;,.. r .�. `�� ^ � � K� -� • r,<��_ , .-aa..•w. . �� _ • {� T �d1=t-^\ �� } �/ �� ,� ' `�-� f�� J .;\t?.� ��i � * ?�� —`�� j' s , —f,•� '` . � \ �'%�%%� � � � �� '`. �c —}-- �j///., ..�/'�., , i . � ;�\j� � I ,B; / � j �\ a- 5 �.' :� _ �• ;i� .3 , ,c � � '� � ' A' - 3 ' ? . . ;:;,� .�/ ,r,. i f� w\! � ��+t � �� t � ��' ? `�� 3 ' � . � �— ;R;� � � �t l a ! . � � E, + ��_� y � ,�� R g � '. t � F`< \:�� o 'r�11 � � � � a.��1'�\:\� � �i� �" � i �-`'��::�� 0 z � �:. �., o } P I � � ? : ; � ,'i i _ -- 1` ' 1 a N ! —+r— i ' .� i � Z � � I � � .$ W � U _�'�� \ F- �� I I I I. �;0� N N —I � _ . ._ ha�� , d _ �� W � ` � � � � 9 1-- W � � V7 � l _ i YFJ/ '.H?✓ /.� PA .ofl � a i , � o w y � z � g u'_ •- o , O w �'3 � i _ � � � � - � � — N ' �0 Ip _ 0 1 + � a'u � � � � a� � ; a �� , 3 � �-- ----� o -_ -.�o„ � �.� ° � 3 � � _ �; S f j-�------ Q .!_� � � � : ' _ � � � -- --- -- --'—_'_ . . ; i , < . ; .� o .� • - � j! , - - . � � J � J�� . < Y [ � • O v: ( �'. i� . '" � . _�Z. _ .�� -.� 7 . . , " _ �.l _ ._�_ � L O S-S 8 'ON ��I�IFIt�II Q2i0 OZ ' - . � T ��FZd ' ��`d�� SIgIHX� -- - � _ - . - ,-_,.:.�"��Y _ . _ . � _ - - ' ''- �� . . .` �.� •.r.`,��.y�t.j ',� �,-` . "' `'�f � "^ �:, � •�_�: - � � -' � -'� -i.µ � i,:,�,�C.{: ~�w'T'.�..i�f^i='d"'�si2�' i'^�!}��. `;Gr'�'4 �x1'` i�t"'�'S"'7' ,��?:� :_Y'y.�' '.:Y _';' �..t. .�s�� ..-,.. ,w •v- r- r— � � � E9Y►'I►L lOISL s�xay•s��rQ � SV%31 '3Nin3dVN9 �o��e��o��J��d��»ws�s ��`�� 133H1S 2l3N91a�S B AVMH'�IH 1S3MH1HON 'M � • N 3 � s � � au s�auus a31N3� 3NIA3dVi1J � ' I ' Id �P s»a1�y��y i �'��W ■ • �,� `s sa��o��Hso.c�zz�ssvM o 'r�� : lid 3f1�39at18 S J13��10 � �� : � � � �� -� -� �� 1 �� v � F J 1 � _� �� y d .. F ( y�4 \dl � -- --- ----- --��\�, \y ; � o ' — -------y�\W� v � .. ^�� AT + r--� \ �,� { --- -J �( `. \?± �. qJ� .�,�rr C \\'D \ ( 1 W � �. i / _� � r � N d � o � � �'� N , O �,^.� 1 , n ,, O(� � W. '•'��d , `. �t , E ,� � d � 9_ / , O —Z � p f:_ V ✓ � \ .�1. \0 �,�o \1' . � �,:.� .... 'tiH�.�kW 0 S-S 8 'Oi�I ��NFIi�II Q2i0 OZ Z ��d ' „Fi„ ZIgIHX� �