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HomeMy WebLinkAboutORD 1984-013 ORDINANCE N0. 84-13 AN ORDINANCE AN�IDING ORDINZ�NCE NO. 82-73, Tf-iE C�OMPREEIII�TSIVE ZONING ORDINANCE OF THE CITY OF GRAPEUINE, TEXA.S, SANIE BEING ALSO KNOf�VN AS APPII�]DIX "D" OF THE CITY CODE OF GRp,pEVINE, TEXA,S, GRAr]TING A ZONING Q-iANGE ON A TRACT OF LAND DESCRIBID AS BEING A I(JT, 'I'RACr, OR PARCII� OF LAND LYING AND BEING SITCTA'I'ID IN TARRANT COUNTY� 'I'EXA.Sr BEING A PART OF � NORTHVJEST PLAZA SHOP- PING (�l'I�R ADDITION 'Ib THE CITY OF GRAPE- V�]L, TEXA.S, MORE F'CTLLY AND CONIPLETELY DESCRIBID IN Tf� BODY OF THIS ORDINANGE; ORDERING A Cf�NGE IN THE USE OF SAID PRO- PEf�PY FROM "S-P" SITE PLAN ZONING DISTRICT FOR ON-PRII�'LZSE AND OFF-PREMISE CONStJMPTION OF ALCOHOLIC BEVERAGES INCIDENTAL TO VARIOUS Ori'HER USES AND FURTHER PROVIDING AT,T, 0'I'HII2 USES AS PERMITI�D IN THE "C-C" COI�'Il�liJNITY CONY�IERCIAL ZONING DISTRICT TO "S-P" SITE PLAN ZONING DISTRICT FOR Z� OPERATION OF A VETl'ERIlQARY HOSPITAL, WITH ANIMALS BEING I�PT OVERNIGfiT WITHIN AN EE[�11CIASID STRUCT[TRE DURING PERIODS OF TREP,T- NIIIV`r OrTLY AND NOT 'PO BE A KENI�TEL, ALL IN ACCORDANCE WITH A SITE PLAN, AND FU�R PROVIDING ALL 0'I'�IIIt USES AS PERMZ'1'I'ID IN Tf� "C-C" COMM[JNITY COrM�RCIAL ZONING DISTRICT; CORRE(,�I'ING TI� OFFICIAL ZONII�IG MAP; PRESERVING ALL O'T'HII2 PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RF'f,ATING TO SE�lEF2�BILITY; DETERNiINING THAT THE PUBLIC INI�RESTS, NXJRALS AND GENERAL WII,FARE DII�lAI�ID A ZONING CHANGE AND AN�TD- N�]'r THEIZEIN h�ADE; PROVIDING A PIIQALTY NOT TO EXCEID Tf� SUM OF ONE THOUSAND DOT T,ARS ($1,000.00} AND A SEPARATE OFFENSE SHAI�L BE DF�ENIED CONIl�IITI�D UPON EACfi DAY DURING OR ON WfiICH A VIOLATION OCCURS; AND DDCI�ARING AN IIKERGF�ICY W��tF,AS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Ccennission 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 prereguisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirernents, conditions and prerequisites having been co�lied with; and, W�RF�, the City Council of the City of Grapevi.ne, 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 i�diately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from floocl 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 promption of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other facilities; and, WHERF',AS, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Council of the City of Grapevine, Te�s, did consider the follawing 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 fran same, the effect on the promotion of health and the general welfare, effect on adequate light and air, the effect on the overcrawding 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�, 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, W�EREAS, 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�nent was made; and, W'I�REAS, 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 overcrawding of land; avoids undue concentration of population; facilitates the adequate provisions of transportation, water, sewerage, schools, parks and other public requirements; and, W�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 pr�note the general health, safety, and welfare of this co�iity. NOW, Tt�REFORE, BE IT ORDAINID BY Tf� CITY COUNCIL OF TfiE CITY OF GRAPE'�IINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 70-10, being the Camprehensive Zoning Ordinance of the City of Grapevine, Texas, same being also lmawn as Appendix "A" 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 Suite No. 328 in the NortYnvest Plaza Shopping Center Addition to the City of Grapevine, Tarrant County, Texas, more fully and ccm�letely describ�d in �hibits "A" and "B", attached hereto and made a part hereof, which, in accordance with Canprehensive Zoning Ordinance No. 82-73, was previously zoned "S-P" Site Plan Zoning District for on premise and off-premise cons�nption of alcoholic beverages incidental to various other uses and further providing all other uses as permitted in the "C-C" Cona�unity Com�iercial Zoning District is hereby changed to "S-P" Site Plan Zoning District for the operation of a veterina�y hospital, with animals being kept overnight within an enclosed structure during periods of treatment only and not to be a kennel, all in accordance with a site plan, and further providing all other uses as permitted in the "C�" C�nity C�rcial 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 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, Te�s. contained in sa.id City of Grapevine zoning ordinance and all other applicable and pertinent ordinances of the City of Grapevine, Texas. Section 4. 'I`hat the zoning regulations and districts as herein established have been made in accordance with the camprehensive plan for the purpose of praimting health, safety, n�nrals and the general welfare of the cammunity. 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 frcan fire, panic, flood and other dangers; pravide adequate light and air; to prevent overcrawding of land, to avoid undue concentration of population; facilitate the adequate provisions of transportation, urater, sewerage, drainage and surface water, parks and other public requirements, and to make adequate provisions for the normal business, co�rercial needs and development of the co�munity. 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 con�ninity. Section 5. This ordinance shall be c.�.mlulative 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 descr�bed 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 c.�ly 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 avner or awners of any building or premises, or part thereof, where anything in violation of this ordi.nance shall be placed or shall exist, and any architect, builder, contractor, agent, person, or corporation em�loyed in connection therewith, and who may have assisted in the com�tission 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 ordi.nance 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 e.mergency for the imrediate preservation of the public business, property, health, safety and general welfare 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 APPROVED by the City Council of the City of Grapevine, Texas on this the 27th day of March, 1984. APPROVID: Mayo AZTE.ST: �,U`C..P.�.c� �C2/1�l/V�- City Secretary APPROVID AS � FORM AND LEGALITY: � City Attorney � EXHIBIT "A" TO ORDINANCE NO. 84-13 � � � --;Q �� i � � � t��+� � � � � = � �� �° : � � i � i ' t .'. 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