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HomeMy WebLinkAboutORD 1983-059 OitL'iT�I��'�ICf�� P:O. 33-59 ; ; ; AN ORDIZIANCE ANIENDIPIG ORDINANCE P10. 70-10, TI� COMPRF�iIIQSIVE; ZO�TING ORDINANCE OF TfIE CITY OF G.�APEViNE, TI"�.S, SAM� BEING ALSO kTIOL�N AS APPIIIDIX "A" OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING A ZCNING CHANiiE ON A TRACT OF I�AidD DESCRTBED AS BEI�1G A LOZ', TRACT, OR PARCEL OF I,AND LYING AND BEI�1G SI'I'[.TATID IN TARRI�T�]T CGUNTY, TF.XAS, BEING A Pl�F�II' OF 'I'I� A, W. ANDERSON SUF?VEY, ABSTRACT NO. 26 AND THE H. SL'GGS SURVFY, ABSTT�ACT I�O. 1415, II�1 Tf� CITY OF GRAPEVINE, TEXAS, NK3RE FCTI�Y AND CCP4PL�I�LY DESCRIBID Ir7 TI� LODY OF THIS ORDINANCE; OF�DERING A CfIANGE IN THE USE OF SAID PROPERTY FROM "�P" SPECIFIC USE PERMIT DISTRICT UND� ORDIl`1ANCE NO. 70-10 FOR ON-PRII�IISE CONSUMPTION OF ALCOHOLIC . BEVERAGES INCIDF�'TAL 7b � OPERATION OF A HOTEL/CONFEF2E�TCE CENTER, AND F'URZ�R PROVIDING OrI'HER A1v�TITIES, ALL IN ACCORDAI�7CE WITH A RE�IISID SITE PLAN TO - "S-P" SITE PI.,�T ZONING DISTRICT UNDER URDINANCE NO. 82-73 FOR THE USE OF NOT TO EXC� FIF"I'EII�T (15) SKILL OR COIN-OPERATED P�CHINES AND 'I'�70 (2) PGOL TABLES, Aiv'D FUR'I'I�'IZ PROVIDING FOR 'I�iE STORAGE, POSSESSION, RE`I'AIL SALE, AND ON-PRENLISE CONSUMPTION OF AT�COHOLIC BEVERAGES, AT,T, INCIDENTAL TO THE OPERATION OF A DUDE RANCH, HOTEL/CONFERIIv'CE CENTER, RESTAU- F2ANI'S,' LOUI�C�S, AND AL�L AI�1IIVITIFS THAT COULD BE Il`dCLUDID IN A HOTEL/CONFEREDTCE CENTER FACILITY, ALL IPd ACCORDANCE C�1ITH A RE�IISID SITE PLAN, ANI) FURTHER PROVIDIl`1G AT,T, O'I'HEI2 USES AS PEFu�1IZ'I'ID IN THE "M-L" LIGHT INDUSTFSP.L ZONI'�Ii G DISTRICT; CORRF..CTING TE-iE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORi'IONS OF THE ZONIIVG ORDINANCE; PROVIDING A CI,AUSE REL�ATING TO SE�IERABILITY; DEZ�IlVING THAT THE PUBLIC ��'I'ERESTS� NIORALS AND GFnTF'.RAT, �,F'p,� DII`9AND A ZONING CHANGE AND ANIE[�IDP�IIIVri' THERETl•7 r1ADE; PROVIDING A PENALTY NO2 TO __ EXC� THE SUM OF ZWO HUNDRED DOT,T,ARS ($200.00) AND A SEPARATE OFF'EDtSE SHAI� BE DEa'tED COMMITI�:D UAON EACH DAY DiJRING OR ON WHICH A V�IOLATICN OCCiJRS; AND DECLARING AN IIvIER�1CY WT-IF��, applications were made to amend the Official Zoning Map, City of Grapevine, Texas, by making applications for same with the Planning & Zoning Camartission of the City of Grapevine, Texas, as required by State statutes and the zoning ordinances of the City o� 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 requirexnents, conditions and prerequisites having been complied with; and, P7E�S, the City Council of the City of Grapevine, Texas, at a public hearing called by the City Cour�cil did consider the following factors in making a deternlination as to whether these requested changed should be granted or denied; saiety of the motoring public and the pedestrians using the facilities in the area irr¢nediately surrounding the site; safety from fire hazards ar.d measures for fire control, protection of adjacent property fr�n flood or water damages, noise produci.ng elements and glare of the vehicular and stationary lights and effect of such lights on established character of the r.eighborhood, location, lighting and types of signs and relation of signs to traffic control and adjacent property, street size and adequacy of width �or traTric reasonal�ly expected to be generated by the proposed use around the site �i.d in th� ir.ar�ediate neighl�orhood, adequacy of_ parking as c�etermined by r�quir�rients oi this ordinance for off-street parkinq facilities, location of ingress and egress points for parking and oft-street lecating spaces, and nrot�ction of. p�blic health by surfacing on all parking areas to control dust, affect on the promotion of health and the general welfare, effect on light and air, the effect on the overcrawding of the land, the effect on the concentration ot population, the effect on the transportation, water, sewerac�e, schools, parks and other facilities; and, WHEREAS, the City Council of the City of Grapevine, Texas, at a public hearing called by the Cit_y Couricil of the City of Grapevine, Texas, did . consider tr.e following f_actors �n making a deterntination as to whether this requested charge 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, efiect on adequate light and air, the effect on the overcrawding of the land, the effect on the concentsation of �pulation, the ; effect on the transportation; water, sewerage, schools, parks and other public ! facilities; and, { WHEREA.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 most appropriate use of land throughout this city; and, tVf�REAS, the City Council of the City of Grapevine, Te�s, does find that there is a public necessity for the zoning change, that the public demasids 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 cvith reference to the classification which existed at the tirle their original investsn�nt was made; and, ���5, 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 firz, panic and other dangers; promotes health and the general welfare; provides adeq_uate 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, 4��RF1-�, the City Council of the City of Grapevine, Texas, has deteiznined that there is a necessity and need for tYiis change in zoning and has also found and deternlined 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 'che 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 oi Grapevine, Texas, and helps promote the general health, safety, and welfare of this co�nunity. NOW, Tf-:EREFORE, BE IT Ot2DAINID BY THE CITY COUNCIL OF Tf-� CITY OF GRAPL�TINE, TEXAS� Section l. That the City of Grapevine Ordinance No. 70-10, being the Comprehensive Zoning Ordinance of the City of Grape-vine, Texas, same being also kno�,m as Api�endi.x "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-�wit: Being a tract of land out of the A. W. Anderson Survey, Abstract No. 26 and tr.e H. Suggs Survey, Abstract No. 1415 in the City of Grapevine, Tarrant County, Texas, riore iully and completely descr�bed in �hibit "A", attached hereto and made a part hereof, which, in accordance with Cor.zprehensive Zoning Ordinance No. 70-iU, was previously zoned "SP" Specific Use Pennit District for on-prer�lise consLurption of alcoholic beverages incidental to the operation of a hotel/cor�ference center, and further providing other ar,lenities, all in accordance with a site plan is hereby changed to "S-P" Site Plan Zoning District, in accordance with Corq�rehensive Zoning Ordinance No. 82-73, for the use of not to exceed fifteen (15) skill or coin-operated machines and two (2) pool tables, and further providing for the storage, possession, retail sale, and on-premise consumption of alcoholic beverages, all incidental to the operation of a dude ranch, hotel/conference center, restaurants, lounges, and all ��lenities tY�at could be included in a hotel/conference center facility, all in accordance with a revised site plan, attached hereto and made a part hereof as r'�hibit "B", and further providing all other uses as permitted in the "M-L" Light Ir_dustria� Zoning District. Section 2. The City r?anager is hereby di�ected to correct the official zonir.g nap 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 land herein above descril�d shall be subject to all the applicable regulations �j contained in said City of Grapevine zoning ordinance and all other applicable und pertinent ordinances ef the City of Grapevine, Texas. Section 4. That the zoning regulations and districts as herein established have been r�ade in accordance with the comprehensive plan for the purpose of promoting health, safety, morals and the general u�elfare of the conurnznity. They have been designed with respect to both present conditions and the conditions reasoriaY�ly anticipa.ted to e�ist in the foreseeable future, to lessen ccngestion in the streets; to secure safety frozn fire, panic, flood and other 'dangers; provide adequate light and air; to prevent overcrawding of land, to avoid undue concentration of population; facilitate the adec�uate provisions of transportation, water, sewerage, drainage and surface water, parks and other public requireme.nts, and to make adequate provisions for the normal business, comnercial needs and develo�nt of the co�nunity. They have been made with reasonable consideration, among other things, of the character of the district, and its geculiar 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 c�.um�lative 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 pravisions 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 deer.�d 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 ef the zonir.g of the balance of the tract or tracts of land described here.:.ri. Section 7. That any person or corporation who shall violate any of the provisions of this ordinance or fail to com�ly therewith, or with any of the require�nts 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 �uilty of a r.tisde�anor and shall be liable to a fine of not more than two hundred dollars ($200.00) , and each day such violation shall be permitted to exist shall constitute a separate o�fense. The awner or owr�ers of any building or premises, or part thereof, where anything in violation of this ordinanc2 shall be placed or shalZ exist, and any architect, builder, contractor, agent, person, or corporation employed in connection therewith, and who r.�ay have assisted in the cor.�nission of any such violation, shall be guilty of a sep.�rate offense and upon conviction shall be fined as herein provided. The City of Grapevine, likewise, shall have the pc7wer to enforce the provisions of this ardinance 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 irru�diate preservation of the public business, property, health, sa.fety 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. PASSEll ATJD I=�''PROVID by the City Council of the City of Grapevine, Texas on this the 20th day of September, 19�3. APPROVID: _—� ` ��� � T�Iayor Pro Tem s AZTEST: y� ,// ) �-��� ����L/ City Secretary APPROVID AS TO FORM �ND LF',C�LITY: City Attorney EXf�IB LT nAn ,IC� ORDINANCE NO. 83-59 ' ni��_;G �11 or th�t certain lot, tract or parcel o� land situated ' in the �'�. W. :?NDE?:SON SUR�'EY , A-26 and in the H. SUGGS SliRVEY , . A-1415 , Tar=ant County, Te�:as , and being more particular�y desc�ibed as rollo�.�s : i � ; 1 • E�Gi:;`;I:�,G at an �ron rod for corner in the Northwest R. O .�d. lin� � of Scate Hi�-��•;a 121 ' j � Y (a 100 R. 0, td. ) ; said point being N 42 + deo�nes 31 ' 33" E , 753 . 76 ' from the North R. O.W. line oT Anderson- � Gibbs Road (a 40 ' R. O.W. ) • � Tr�:�C� Sout� 42 degrees 3I ' 33" W, 1055 . 59 ' with the �iorth�aest 1i:.e or S�a�e High��:ay 121 to an iron rod for corner; T::�:;C� So���-; 89 de�rees 50 ' S2" W, 1349 . 32 ' to an iror� rod for corneY in t�e edge of a 1ake ; T:�_;C�� ;•,i �':; the edoe of the l�ke the follo,ainb : :; 1? c�e�rees 47 ' Ol" W, 26 . 39 ' to a point for co�n�r ; �: �S Gj2�r2�S �% � 3J'� �'l� 23 . .�p ' t0 a point fOY' CO�nerJ i; OS d•�j�ees 21 ' S6" E , 380 . 10 ' to a point ior co=�er; i; 6o ee�rees 35 ' 34" E , 81. 59 ' to a point for corne� ; S 74 ce�rees 18 ' 25" E , 60 . 26 ' to a point zor corr.er ; S 60 dc�rees 4S ' 41" E , 7I. 14 ' to a point for cor�er ; • S v� Q2j?"22S 4.5 � �d�� E � � . C�� t t0 c � b� j7CiTlt i0� COi_^_`� ; i; 4i cejrees 09 ' 31" E, 32 . 03 ' to a �oin� for corner ; i�1 1S de;rees 12 ' S2" W, 42 . 04 ' to a poi:?t for cor�er ; i,_ '+S de�rees 23 ' 31" tJ, 1 �[�, 34 ' to a poi:�t for co�ne� ; N 0� c:�rees 00 ' 20" E , 124. 87 ' to a po_nt for co�:�e= ; iv' i� c��rees 12 ' 23" E , 22 , 80 ' to a poizt for co�:�er ; :; 00 ���--�es S? ' 11" j•l, 97 . 50 ' to a po;r.t ior cor::e� ; p� ' Ti:�.:C� :ro_�, 89 de_�-ees �0 ' S2" E 1803 9' ' p • � , . O t0 t.'?f'_ ?-iCG Ot B�..Gli.:;!'_;G ��-:�' cen�c.i_._,� 1 , �25 89!� . 65 seLare fe`c or 28 . 1��7 ac_`s - � - or �nd¢ i , , I , i EXHIBIT "B" 'In ORDINANCE NO. 83-59 �- V1 V� N � � � \ ` U : O � � \\ c� o n I L LL(Y 1 � �p�t�0 ry l(� '� �\ e.t��_tl ��' ,\ ��--r ��.3M�j I — \ �1 � � M N � ,' ( � � � I, \ � i s O t! � � .. \ ' a.d O�' I � ' w C . _ ��..`\�.. 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