HomeMy WebLinkAboutORD 1983-012 ORDINANCE NO. 83-12
AN ORDINAI�TC� AN�TDING ORDINANCE NO. 70-10,
THE COP•SPRE�ISIVE ZONING ORDII�I�?CE OF �
CITY OF GRAPEVINE, T�1-1S, SAI�1E BEING ALSO
HIVC)6JN AS APPIIVDIX "A" OF THE CITY CODE OF
GRAPEVINE, TE�S, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBID AS BEING A
UJT, TRACT, OR PARCFIL OF I�NU LYING AND
BEING SITUA'I'ID IN TARRANT COUN`I'Y, TEY�AS,
BEING A �'AR'I' OF THE BILL MASSEY FURNITURE
COMPANY, INC. ADDITION IN TF� CITY OF
GRAPEVINE, TEXA.S, MORE FULLY AND C:Ol'�LETF,LY
DESCRIBID IN THE BODY OF THIS ORDINIINNCE;
ORDERING A C�iAD1GE IN THE USE OF SAID
PROPERTY FROM "SP" SPECIFIC USE PERM,IT
DISTRICT FOR THE STORAGE, SALE, SERVING,
AND ON-PRIIUSE CANSiJMIPri'ION OF AI�C.'OHOLIC
BEVERAGFS (B�2 A1�ID WINE ONLY) INCIDIIVTAL
TO THE OPERATION OF A RESTAURAN.P, IN
ACCORDANCE WITH A SITE PLAN, AND PROVIDING
FOR ALL OrI��t USES AS PERMITI�D IN TI�
"C-2" CC�'IMUNITY BUSINESS DISTRICT ZONING
CAZDGORY TO "SP" SITE PLAN DISTRICT FOR Tf�
STORAGE, SAL�E, SE�tVING, AND ON-PRF2'IISE
CONSLIl�9P'.PION OF NIIXElD ALCOHOLIC E�E�IERAGES
INCIDETITAL TO Tf� OPERP,TION OF A RESTAU-
RANT, IN ACCORDANCE WITH A SITE PLAN
DEFINING 'I'HE PRII�ffSE, ATrACHED HERE'Ib AND
MADE A PART HEREOF AS EXHIBIT "A", AND
F[TR'I'HER PROVIDING FOR AI�L OTHE�tt USES AS
PERPZITTID IN Tf� "C-C" CON��IUNITY CO�TAT,
DISTRICT; CO�R�TING 'I�E OFFICIAL ZONING
MAP; PRESERVING ALL O'I�IER PORTIOTTS OF Tf-�
ZONING ORDINANCE; PROVIDING A CLAUSE
RII.,ATING TO SEVERABILITY; DEI�RMINITdG THAT
TI-� PUBLIC INZ�RESTS, MORAI� AND GE[JERAL
WII�'ARE DEf 1�ID A ZONING CHANGE AND �N�ID-
MEN'I' Tf-iEREIN N1ADE; PROVIDING A PEDIALTY; AND
DDQ.,ARII�IG AN II�RGII�ICY
i
W'HEREAS, applications were made to amend the Official Zoning Map, City of
Grapevine, �as, by making applications for sarre 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, Te.xas, and all the legal
requirements, conditions and prerequisites having been complied with, the case
having came before the City Council of the City of Grapevine, Texas, after all
legal notices requirem�nts, conditions and prerequisites having been complied
with; and,
Wf��2E',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 determina.tion as to whether these requested changed should be granted
or denied; safety of the motoring public and the pedestrians using the facil-
ities in the area im�rediately 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 sta-
tionary 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 e�ected to be generated by the proposed use around the
site and in the im�diate neighborhood, adequac.y of parking as determined by
rEcluirements 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 pranotion of health and the general welfare, effect on light and
air, the effect on the overcrawding of the land, the effect on the concen-
tration of papulation, the effect ori the transportation, water, sewerage,
schools, parks and other facilities; and,
inll�RE�.S, 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 follawing factors in mZking 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 possi.bly present in the
securing of safety fram same, the effect on the pramption of health and the
general welfare, effect on adequate light and air, the effect on the over-
crawding of the land, the effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
�S, the City Council further considered among other things the
character of the district and its peculiar suitability for particular uses and
with the vi�w to conserve the value of buildings, encourage the m�st appro-
priate use of land throughout this city; and,
hif-iEREAS, 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 amenc�nent, 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 invest7nent was made; and,
V��, 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; promptes 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 require-
ments; and,
WfiERE1�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, 'I�xas, and helps prom�te the general
health, safety, and welfare of this comrn�nity.
NOW, Tf-i�'ORE, BE IT ORDAIlVID BY Tf� CITY COUNCIL OF Tf� CITY OF
GRAPEVINE, TEXAS:
Section 1. That the City of Grapevine Ordinance No. 70-10, being the
Comprehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn 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 following described
property, to-iait:
BEING a portion of the Bill Massey Ftizrniture Co�any, Inc. Addition to
the City of Grapevine, Tarrant County, Texas, described as follaws:
BDGINNING at the West corner of said addition and the North line of
Highway 114;
Z'HE.TTCE North 146 feet;
Tf�TC� East 135 feet;
Tf�NCE South 146 feet;
Tf�NC� West along the North line of Highway 11�, 135 feet to the Place of
Bec;inning which, in accordance with Com�rehensive Zoning Ordinance No. 70-10,
was previously zoned "SP" Specific Use Permit District for the storage, sale,
serving, and on-premise consumption of alcoholic beverages (beer and wine
only) incidental to the operation of a restaurant, in accordance with a site
plan, and providing for all other uses as perr,titted in the "C-2" Conniunity
Business District Zoning Category is hereby changed to "SP" Site Plan District
for the storage, sale, serving, and on-premise consw�tion of mixed alcoholic
beverages incidental to the operation of a restaurant, in accordance caith a
site plan defining the premise, attached hereto and made a part hereof as
� E�hibit "A", and further providing for all other uses as permitted in the
"C�" Co�rn�nity Co�r�ercial 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 i.n
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 ozdinance and all other applicable
and pertinent ordiriances of the Ci-ty of Grapevine, Texas.
Section 4. That the zoning regulations and districts as herein estab-
lished have been made in accordance with the comprehensive plan for the
purpose of pro�ting health, safety, morals and the general welfare of the
cc�arn�nity. 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 fram 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�iercial needs and develognent 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 appro-
' priate use of land thr�ughout the comnunity.
Section 5. This ordinance shall be c�mYulative 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, firm or corporation violating any of� the
ternis and provisions of this ordinance shall be subject to the same penalties
as pravided for in Ordinance No. 70-10 Zoning Ordinance of the City of
Grapevine, Texas.
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 imm�diate presezvation 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 15th day of March, 1983.
APPROVID: �
Mayor
ATPEST:
City Secre s U
APPRCAIID AS TO FORM AND I�JGALITY:
City Attorney
� EXHIBIT "A" TO ORDIlVANCE NO. 83-12
S�TE PLAN PRcJPERTI' DE.SC�ZPTTON
BEINi: n pnR�r�o�v OL' TIfE Bi.LL "tAS_SE`.' FURN�TURE CO. ZiVC. ADDITrON TO TIIE C:�T:' OF (;.RAPF.VIVE
T1tP4111VT COU'�T�", TEXAS, D�SCR-B��� _�l� rOLLO�ti'3: Beg_inning at the We.st c.�rner oF :>aid
addit�on ancl the �Vorth I�ne ol Hwy 114; Thence Nor.th 146` ; Thence East 135';
Thence South 14G' ; Thence west alonq the �vor.th line of Hwy. 114, 135' To the Place of
Beginninq.
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NOTE: TOTAL PA!ZKING i
33 SPACES
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SCALE 6F
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I, )AMES H. DOW�Y, A REGISTERED ENGINEER HEREBY CERTIFY THAT ��
THE ABOVE PtAT WAS COMPILED FROM AN ACCURATE SURVEY MADE ON ���•�������'�'�J�`
THE GROUND UNDER MY PERSONAL SUPERVISION, AND THERE ARE NO JAME! N. DOWOV �i @� �`*�
ENGROACHMENT S, C O N F L I C T S O R P R O T R U S I O N S E X C E P T A S N O T E D. T H E ANO ASBOCIATES �••••••"""' ""�
ONLY EASEMENTS SHOWN ARE THE ONES THE SURVEYOR HAS PERSONAI �••1AMES.H.�DOWDY• �
KNOWLEDGE Of AND THE ONES SHOWN ON THE RE�ORD�D PLAT. ,�� •..'•• �
� �s86 �,
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~��SS�AL ��G\�
7 ARLINGTON TEXAS 76010 �"�'�'�
P.O. BOX 5O � OATE 2- II- S3