HomeMy WebLinkAboutORD 1984-074 ORDINANCE No. 8 4-7 4
AN ORDINANCE AMENDING 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 OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBED AS BEING A
ft LOT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATED IN TARRANT COUNTY, TEXAS,
BEING A PART OF THE JOEL L. HALLUM SURVEY,
ABSTRACT NO. 722, IN THE CITY OF GRAPEVINE,
TEXAS, MORE FULLY AND COMPLETELY DESCRIBED
IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM
"CN" NEIGHBORHOOD COMMERCIAL ZONING DIS-
TRICT TO "SP" SITE PLAN ZONING DISTRICT FOR
THE STORAGE, POSSESSION, RETAIL SALE, AND
ON-PREMISE CONSUMPTION OF ALCOHOLIC BEVER-
AGES IN CONJUNCTION WITH THE OPERATION OF A
RESTAURANT, ALL IN ACCORDANCE WITH A SITE
PLAN, ATTACHED HERETO AND MADE A PART
HEREOF; CORRECTING THE OFFICIAL ZONING MAP;
PRESERVING ALL OTHER PORTIONS OF THE ZONING
ORDINANCE; PROVIDING A CLAUSE RELATING TO
SEVERABILITY; DETERMINING THAT THE PUBLIC
INTERESTS, MORALS AND GENERAL WELFARE
DEMAND A ZONING CHANGE AND AMENDMENT
THEREIN MADE; PROVIDING A PENALTY NOT TO
EXCEED THE SUM OF ONE THOUSAND DOLLARS
($1,000.00) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARING AN
EMERGENCY
WHEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by making applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas, as required by State statutes and
the zoning ordinances 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,
WHEREAS, 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 from fire
hazards and measures for fire control, protection of adjacent property from
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 immediate neighborhood, adequacy of parking as determined 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 promotion 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,
WHEREAS, 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
securing of safety from 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,
WHEREAS, the City Council further considered among 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 most
appropriate use of land throughout this city; and,
WHEREAS, the City Council of the City of Grapevine, Texas, does find that
there is a public necessity for the zoning change, that the public demands it,
that the public interest clearly requires the amendment, 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,
WHEREAS, the City Council of the City of Grapevine, Texas, does find that
the change in zoning lessens the congestion in the streets, helps secure
safety from fire, panic and other dangers; promotes health and the general
welfare; provides adequate light and air; 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,
WHEREAS, 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 promote the general
health, safety, and welfare of this community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also known 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 following described
property, to wit:
Being a tract of land out of the Joel L. Hallum Survey, Abstract No. 722,
in the City of Grapevine, Tarrant County, Texas, more fully and completely
described in Exhibit "A", attached hereto and made a part hereof, which was
previously zoned "CN" Neighborhood Commercial Zoning District is hereby
changed to "SP" Site Plan Zoning District for the storage, possession, retail
sale, and on-premise consumption of alcoholic beverages in conjunction with
the operation of a restaurant, all in accordance with Site Plans, attached
hereto and made a part hereof as Exhibits "B" & "C".
All specific requirements not delineated on the Site Plan shall be in
accordance with the "CN" Neighborhood Commercial zoning regulations under
Comprehensive Zoning Ordinance No. 82-73, as amended.
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
wr.,. 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 comprehensive plan for the
purpose of promoting health, safety, morals and the general welfare of the
community. 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 from 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 development 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 community.
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 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 submitted 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 commission 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
O 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 immediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall became effective from and after the
date of its final passage, and it is accordingly so ordained.
PASSED AND APPROVED on first reading by the City Council of the City of
Grapevine, Texas on this the 4th day of September, 1984.
PASSED AND APPROVED on second reading by the City Council of the City of
Grapevine, Texas on this the 2nd day of October, 1984.
APPROVED:
Mayor
,v ATTEST:
4��uj 4 A
City Secretary
APPROVED AS TO FORM AND LEGALITY:
City Attorney
awak
vamo
*wr.
EXHIBIT "A" TO
ORDINANCE NO 84-74
LEGAL DESCRIPTION
THE STILTS ADDITION
Description for a tract of land out of the Joel L.
Hallum Survey, Abstract No. 722, in the City of Grapevine,
Tarrant County, Texas.
BEGINNING at a railroad spike at the northeast corner
of the said Hallum Survey, said spike being in the center-
line intersection of Dove Loop Road (County Road No. 3062)
and County Road No. 3119 , said railroad spike also being
the northeast corner of a tract of land described in Civil
Court Document No. 2115;
THENCE south along the east line of said Hallum Survey
and along the centerline of said Dove Loop Road 470 . 00 feet
to a point for corner;
THENCE west 108 . 26 feet passing at 25 feet an old fence
to a point for corner;
THENCE north 17 degrees 49 minutes 40 seconds west
322 . 05 feet to a point for corner;
THENCE north 16 degrees east 170 . 00 feet to a point for
corner;
THENCE east 160 . 00 feet to the POINT OF BEGINNING and
containing in all 1 . 797 acres of land.
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