HomeMy WebLinkAboutORD 1985-016 ORDINANCE N0. 85-16
AN ORDINANCE AN�iDING ORDINANCE NO. 82-73,
TI-� COMPREEIENSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KN(7V�li�T AS APPII1�11DIX "D" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANI'ING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
�+,► IiOT, TRACT, OR PARCII., OF I�ADID LYING AND
BEING SITUATID IN TARRANT COUNTY, TEXAS,
BEING A PART OF THE GRAPEVINE PLAZA
�, ADDITION TO THE CITY OF GRAPEVINE, TEXAS,
MORE FULLY AND COMPLEI'ELY DFSCRIBID IN THE
BODY OF THIS ORDINANC�; ORDERING A CEIANGE
IN THE USE OF SAID PROPERTY FROM "CN"
NEIGHBORHOOD CONIl�lERCIAL ZONING DISTRICT TO
"SP" SITE PLAN ZONING DISTRICT FOR Tf�
STORAGE, POSSFSSION, RETAIL SALE, AND
OFF-PRENiISE CONSLA�TION OF ALCOHOLIC
BEVERAGES (BEER ONLY) IN CONJUNCI'ION WITH
THE OPERATION OF A GROCERY STORE, ALL IN
ACCORDANCE WITH A SITE PLAN, AND FURTHER
PROVIDING ALL OTHER USES AS PERMITTID IN
TI� "CN" NEIGHBORHOOD CONIl�IERCIAL ZONLNG
DISTRICT; CORREC`I'ING Tf� OFFICIAL ZONING
MAP; PRESERVING ALL OZ'HER PORTIONS OF TfiE
ZONING ORDINANCE; PROVIDING A CI�AUSE
RELI�TING TO SEVERABILITY; DETEI�IINING THAT
THE PUBLIC INTERE.STS, MORAIS AND GII�IEF2AL
WII,FARE DEMAND A ZONING CHANGE AND AMEND-
MENT THEREIN MADE; PROVIDING A PIIVALTY NOT
TO EXC� THE SUM OF ONE THOUSAND DOT,T,ARS
($1,000.00) AND A SEPARATE OFFENSE SHALL BE
P"'�" DEET'!ED CODM4ITTID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCC.'URS; AND DECI�ARING AN
� II�RGENCY
Wf�RF,AS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Ca�nission of the City of Grapevi.ne, Texas, as required by State statutes and
the zoning ordinances of the City of Grapevine, Texas, and all the legal
requixe�uents, 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 require�nents, conditions and prerequisites having been c�lied
with; and,
W�, 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 these requested changes should be granted
or denied; safety of the motoring public and the pedestrians using the
facilities in the area immediately surrounding the site; safety frcen fire
hazards and measures for fire control, protection of adjacent property fran
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 inmediate neighborhood, adequacy of parking as determined by
" requirements of this ordinance for off-street parking facilities, location of
�i�,,,r 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 pranx�tion of health and the general welfare, effect on light and
air, the effect on the overcro�ading of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
Wf�REA5, 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 change should be granted or denied; effect on the congestion of the
streets, the fire hazards, panics and other dangers possibly present in the
securinq of safety frcan same, the effect on the pranotion 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,
Wf�REAS, the City Council further considered ampng other things the
character of the district and its peculiar suitability for particular uses and
,�+.► with the view to conserve the value of buildings, encourage the nx�st
appropriate use of land throughout this city; and,
�,; WHF�tEAS, the City Council of the City of Grapevine, Te,xas, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the amenchnent, that the zoning
changes do not unreasonably invade tYie rights of those who bought or improved
property with reference to the classification which existed at the time their
original investment was made; and,
Wf�REA.S, the City Council of the City of Grapevine, Te�s, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; prc�notes health and the general
welfare; provides adequate light arnd air; prevents the avercrowding of land;
avoids undue concentration of population; facilitates the adequate provisions
of transportation, water, sewerage, schools, parks and other public
requirements; and,
Wf�RF�S, the City Council of the City of Grapevine, Texas, has determined
that there is a necessity and need for this change in zoning 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
a change in zoning classification 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 pranate the general
health, safety, and welfare of this ca�ununity.
�.�
NOW, 'I'��'ORE, BE IT ORDAINID BY THE CITY COUNCIL OF Tf� CITY OF
GRAPE�7INE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Ccsnprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn as Appendix "D" of the City Code of Grapevine, Texas, be, and the
same is hereby amended and changed in that the use of the follawing described
property, to wit:
Being a tract of land in the City of Grapevine, Tarrant County, Texas,
n�ore fully and cca�rpletely described as Lot 2 of the Grapevine Plaza Addition,
which was previously zoned "CTt" Neighborhood Caita�ercial Zoning District is
hereby changed to "SP" Site Plan Zoning District for the storage, possession,
retail sale, and off-premise constunption of alcoholic beverages (beer only) in
conjunction with the operation of a grocery store, all in accordance with a
site plan, attached hereto and made a part here of as Exhibit "A", and further
providing all other uses as permitted in the "CN" Neighborhood Ccannercial
Zoning District.
Section 2. The City Manager is hereby directed to correct the official
zoning map of the City of Grapevine, Texas, to reflect the herein change in
'"'""" zoning.
Section 3. That in all other respects the use of the tract or tracts of
i.r 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 c�nprehensive plan for the
purpose of pr�cating health, safety, irorals and the general welfare of the
cam►unity. 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 pravisions for the
normal business, canunercial needs and develog�eent 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 co�nunity.
�+ 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
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 ccxnply therewith, or with any of the
requirements thereof, or who shall kxzild or alter any building or use in
violation of any detailed statement or plan suxmitted and approved hereunder,
shall be guilty of a misdemeanor and shall be liable to a fine of not mr�re
than one thousand dollars ($1,000.00) , and ea.ch day such violation shall be
permitted to exist shall constitute a separate offense. The awner 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,
contractor, agent, person, or corporation employed in connection therewith,
and who may have assisted in the cca�mission 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, Te�as 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.mY�ediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective frccn 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, Te�.s
on this the 19th day of March, 1985.
APPROVED:
�
Mayor
�"" ATI�'.ST:
�
City Secretary
APPI�JVED AS TO FORM AND LEGALITY:
City Attorney