HomeMy WebLinkAboutORD 1984-024 ORDINANCE NO. 84-24
AN ORD1N11NCE AN�tDING ORDIN7INCE NO. 82-73,
Tf� COMPREEiII�ISIVE ZONING ORDINANCE OF Tf�
CITY OF GRAPEVINE, TEXA.S, SAME BEING ALSO
KNO'WN AS APPENDIX "D" OF THE CITY CODE OF
GRAPEVINE, Z�S, GRAt�]TING A ZONING CHI�NGE
ON A TRACT OF LAND DESCRIBID AS BEING A
— I/JT, TRACT, OR PARCEL OF LAND LYING AND
BEING SITUATID IN TAR�NT COUN'i'Y, TEXAS,
BEING A PART OF THE RUTFi WALL SUBDIVISION,
IN THE CITY OF GRAPEVINE, TEXAS, MORE F[JI�Y
AND COMPLE�ELY DESCRIBID IN Tf� BODY OF
THIS ORDINANCE; ORDERING A CHANGE IN THE
USE OF SAID PROPERTY FFtOM "HC" HIGHWAY
CONI�'IERCIAL ZONING DISTRICT TO "SP" SITE
PLAN ZOIVING DISTRICT FOR Z�IE STORAGE,
POSSESSION, RETAIL SALE, AND OFF-PRENLZSE
CONSUNIP'I'ION OF ALrCOHOLIC BEVERAGES (BEER
ONLY) INCIDENTAL TO � OPII�TION OF A
[�I�C-UP, DRIVE-THROUGH RESTAURANT AND PAFZ'I'Y
SHOP, ALL 1N ACCORDANCE WITH A SITE PLAN;
CORRECTING TI� OFFICIAL ZOrTING MAP;
PRESEFtVING ALL OZ'fiER PORTIONS OF Tf� ZONING
ORDINIINCE; PROVIDING A CLAUSE REL�TING TO
SEVERABILITY; DEI'II2MINING THAT THE PUBLIC
INZ�RESTS, MORALS AND GIIVEE2AL WF�FARE
DEMAND A ZONII�TG CHANGE AND AMIIVDMEN'I'
THERtEIN MADE; PROVIDING A PENALTY NO�I' TO
EXCEID THE SUM OF ONE THOUSAND DOT,T,A,RS
($1,000.00) P,l�ID A SEPARATE OFFE�ISE SHALL BE
DEF�NIED COMMITI'ID UPON EACH DAY DURING OR ON
WHICH A VIOLATION OCCURS; AND DECLARZNG AN
F�'lERGENCY
W�, 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 co�lied
with; and,
Wf�RE'�AS, the City Council of the City of Grapevine, Texas, at a public
hearing called by the City Council did consider the follawing 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 i�diately 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 i�diate 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 overcraading of the land, the effect on the
concentration of population, the effect on the transportation, water,
sewerage, schools, parks and other facilities; and,
Wf�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 i.n making a determination as to whether this
requested change should be �*ranted 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,
WHERF�I�.S, 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 nx�st
appropriate use of land throughout this city; and,
�n�R�S, 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 invest�nt was made; and,
WI�REAS, 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; promotes health and the general
welfare; provides adequate light and air; prevents the overcraading 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, Te�s, 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 cla��ified 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 promr�te the general
health, safety, and welfare of this conumznity.
NOW, TI-iEREE'ORE� BE IT ORDAINID BY Tf� CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS:
Section l. That the City of Grapevine Ordinance No. 82-73, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Te�s, same being
also ]mawn as Appendix "D" of the City Code of Grapevi.ne, Texas, be, and the
same is hereby amended and changed in that the use of the following described
property, to�wit:
Being the rrost easterly 102 feet of Lot 5 of the Ruth Wall Subdivision in
the City of Grapevine, Tarrant County, Texas, which was previously zoned "HC"
Highway Com�rcial Zoning District is hereby chang�ri +-n "SP" Site Plan Zoning
District for the storage, possession, retail sale, and off-premise consumption
of alcoholic beverages (beer only) incidental to the operation of a walk-up,
drive-through restaurant and party shop, in accordance with a site plan,
attached hereto and made a part hereof as �hibit "A", all in accordance with
Cor,�rehensive 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
� 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 promr�ting health, safety, mr�rals 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 fran fire, panic, flood
and other dangers; provide adequate light and air; to prevent overcrawding 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, co�nercial needs and development of the corr�riunity. 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 cLmtulative 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
pennitted to e�ist 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 commission of any such violation, shall be
guilty of a separate offense and upon ronviction 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 regulations of
the City of Grapevine, Texas are inadequate to properly safeguard the health,
; safety, morals, peace, and general welfare of the i.nhabitants of the City of
Grapevine, Texas, creates an emergency for the iimlediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective from 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, Texas
on this the 15th day of May, 1984.
APPROVED:
W � ,
Mayor
ATrEST:
� CUC.�.uJ C1,�.�•+�
� City 5ecretary
.�
APPROVED AS TO FORM AND LEGALITY:
City Attorney
EXHIBIT "A" TO
ORDINANCE NO. 84-24
r=
V _ ..r.�r .. S _ � •�r
� �.. - -
�� ' . � ` r
�` ti ` ,�:
� � � .:��
�.._ �,� -� . _ � - :'� � �.
, �-` �,1 Qr � 4,M+ ,.� _* �� .
Q �
� � . .
. .� - . .__� . .. .
• _ ,Y t ,.:;'., .1 . .�_ j
� , Beer storage & sale�
,- t: G�_
\• .-•� - j; •�iG. _. � .
� : - ���-: t � .
- `\ - _ .. , .- �, ', ` //
� /�+e . .
�= - --� . , roS;YY. _
, _ . `; - � � _ _ � �/ - -
� ----;�__ _ �.� � _r
� . , : _� _ � . �a
" ,� -i� , : _ -. .� � .�,
� ,. - . . �
� , ` , � \- : �
.Z �t ��� �� R � . . . \ ' . .. . , '� � - � `
' ��}� .i_� ��� ' — ' . � '\\` ' � . . . . .' _�
}[! \.. ' . . - \ ._. . . � . - ' �
V+` _ ` — � ; ..� , . '�\. . . . � . � _ .
; .'-.' '.:� � � :..e ; ". — . �. - � ' . . - . . . � r�!
��r ] � �..1�� . . \� . _ r��
� ._ \ _ . �7 t'7G.
_.. �;- ` �« ° _�I;lk{:1'rl N \ - -�Lb MT i i-1 c► `� � :
1�. } - _ . � - � �,'
� ' " ,. . � f
, • . � , . v►` ,- � ,
�._ � . , - �, . �, � m
,-: -. �.�;� _ _ ,. . - .�
- _ _ ; ; : . .- . � . �.;�� _ .
.� , .�_
�,; . , . �. \
... 1L� ' � �.� f . � T " - t�
,� �'!. �._ �r� �� �; .. r -" • � , �-�y . . �-� �
,. � `� �� ` a � =:'�Z�n���_ .__ - - ,, -
,. ^' : . ' ��- -r` F. "` { . �L.1�L.V�l�1� ._ _ . .. ... . . __ : _
7SL � � • . j .`' '� .. -i:,
; - �`� . ' }^ ` t \, � ' � 1 il .,. t": � :�L1 �u�� �.✓�v�
� _�-�� e - ----� Y---G o-o � t� ti f � r -
� �_ _ _ . . _ . . ;� ; �"_ ` , �.� .
,� � 1 . . _ � . . s,` ; ..1 M. . _ �b�4 �L•
�� � � � ' � . . �. .. � � . . . . , _ .
.`. •;`' . . ._�.r... . . . � - . . _ . ,
�. •1� , ' -. :.--;-�-- T " .
� '. " ' • �Q -' _ � _ . . . `` '. •
i � .�- . - . --0 .. � --I.2"��1� __� __ _
_ _ . � � N y _ . ;���Kr�n sr� . .
, � . � ; .. . .
.- -
.. � -,; 1�us�rtN� - � . ���-oa�r�N��: To o i�l.�r
' � __..:���_��..-(.;.::. ��� �
. k . ,