HomeMy WebLinkAboutORD 1983-084 OI�DZTvAI�;CE NO. 83-84
?Td O:�DIIvANCE AP•�1DING ORDINANCE NO. 70-10,
THE CCP�PREFIE�vSIVE ZONII�?G ORDINANCE OF THE
CI i'� OF GRAFEVINE, TF�S, :�� BEING ALSO
I�IOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPEVI'�i1E, �i`�S, GRAI��TING A ZONING C.'H11NGE
ON A TRACT OF I�11ND DESCRIBID AS BEING A
I�OT, TP,ACT, OR PARC�L OF LAND Ll'ING AND
� BEIl�IG SITUATED IN TARRAIVT COUN'I'Y, 'I'EXAS,
BEING I,C?TS 5A & SB, BIIJCI� 8 OF THE W. C.
LUCAS ADDITION, IN Tf� CITY OF GRAPEVINE,
T�X.AS, MORE F[JI.�,Y AND �MPI�'I.�LY DESCRIBID
IN THE BCDY OF THIS ORDINANC�; ORDERING A
Q�AI�IGE Ii�I Tf� USE OF SAID P�PERTY FROM
"SP" SPECIFIC USE PII��IIT DISTRICT UNDER
ORDINANCE NO. 70-10 FOR THE STORAGE, RETAIL
SPT,E, AND OFF—PREMISE CODISUMP'.PIOl`7 OF
AI�COHOLIC BEVE�AGES (BEER ONLY) INCIDENTAL
�O THE OPF�TION OF A CONVEDIIEDICE STORE AND
GASOLINE SERVICE STATION AND PROVIDING
OTHER REQUIREf�IQV'I'S� ALI� IN ACCORDANCE WITH
A SITE PLAN TO "S—P" SITE PLAN ZONING DIS—
TRICr UNDER ORDINANCE NO. 82-73 FOR THE
STORAGE, POSSESSION, RETAIL SALE, AI�ID OF'F'—
PRF�IISE CONSUMPTION OF AL�CUHOLIC BEVERAGES
(BEER ONLY) INCIDIlVTTAI, TO � OPERATION OF
A CONVENIENCE STORE AND GA.SOLINE SERVICE
STATION, PROVIDING FOR Tf� CONSTRUCTION AND
, OPERATION OF A C'�SH FACILITY, AND PRO—
VIDING CERTAITI STIPUI,ATIONS, ALL IN
ACCORDANCE WITH A RE�IISID SITE PLAN, AND
FUR`I'f�R ALLOWING ALL OTHER USES AS PROVIDID
IN Z'�iE "C—C" COMMUNITY CONiMERCIAL ZONING
DISTRICT; CORRECTING THE OFFICIAL ZO1`dING
MAP; PRESERVING �1LL 0'I'fIII2 PORTIONS OF Tf�
ZONING ORDINANCE; PROVIDING A C��AUSE
FtELATING TQ SEVERABILITY; DEI�RNLQ�tING THAT
TH� PUBLIC INTERESTS, MORALS AI�ID GIIVERAL
WII�FARE DEMAND A ZONING CHAIv�E AND
AIdII�IDMENT THEREIN MADE; PROVIDING A PE�tALTY .
NOT 'Ib EXCEED THE SUM OF ONE THOUSAND
DpT,TARS {$1,000.00) At�ID A SEPARATE OFFENSE
SI i�T� BE DEII�D COMMI'I'i'ID UPON EACH DAY
DURING OR ON WHICH A VIOLATIOPd OC.'CUR.S; AND
DECII�EZING AN F1��II2GENCY
��RF.11S, applications were made to amend the Official Zoning Map, City of
Grapevine, Texas, by makina applications for same with the Planning & Zoning
Commission of the City of Grapevine, Texas, as required by State statutes and
the zoni.g 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 Cc�uncil oi the City of Grapevine, Texas, after all
legal notices requireme�ts, conditions and prerequisites having been complied
with; and,
j^7��RF�S, 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 deterr.mination 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 fran fire
hazards and measures for fire control, protection of adjacent property from
flood or ��ater 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 traffyc reasonably e�ected to be generated by the proposed use around the
site and in the inurediate 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
prctPction ot public health by surfacing on all parking areas to control dust,
effect on the �romotion of health and the general welfare, eifect on light and
air, the effect on the overcrowding of the land, the effect on the
cor.centration ot pepulation, the effcct on the transportation, water,
sewerage, schools, parks and cther facilit�.es; and,
�ti�RE,�S, the City C�L:ncil of the City of Grapevine, Texas, at a public
hearing called by the City Cour.cil of the City of Grapevine, Te�s, did
consider the following factors in r�aking a determination as to whether this
- requested change should be granted or denied; ef£-ect on the congestion of the
streets, the fire hazards, panics and other dangers possibly present in the
securing of safety fran same, the efiect on the pramotion of health and the
general welfare, effect on adequate light and air, the effect on the
overcrcwding of the land, tY��e effect on the concentration of population, the
effect on the transportation; water, sewerage, schools, parks and other public
facilities; and,
Wf�AS, 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 m�st
appropriate use of land throughout this city; and,
t�..REAS, the City Council of the City� of Grapevine, Texas, does find that
there is a public necessity for the zonin� change, that thE public den�nds it,
that the public interest clearly requires the amenc�nt, 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,
WI�ZEAS, 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 fram 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,
tiIF�RE�1.S, the City Council of the City of Grapevine, Texas, has determined
that tY:ere is a necessity and need for this change in zoning and has also
found and deternined tha� 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 zor.ing 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, Te�s, and helps pror:�ote the general
health, safety, and weltare of this conanunity.
NOW, THERg'ORE, BE IT ORDAINED BY THE CITY COUNCIL OF 'TI� CITY OF
GRAPEVINE, '1'FuY1�S:
Section l. That the City of Grapevine Ordinance No. 70-10, being the .
Corr�rehensive Zoning Ordinance of the City of Grapevine, Texas, same being
also knawn as Appendix "A" of the City Code of Grapevine, Te�s, be, and the
sarie is hereby amended and changed in that tY�.e use of the follawing described
property, to-wit:
Being Lots SA and 5B of Block 8 of the W. C. Lucas Addition to the City
of Grapevine, Tarrant County, Texas, which, in accordance with Comprehensive
Zoning Ordinance No. 70-10, was previously zoned "SP" Specific L?se Permit
District for the storage, retail sale, and off-pre�nise cons�tion of
alcoholic beverages (beer only) incidental to the operation of a convenience
- store and gasoline service station and providing other requirements, all in
accordance with a site plan, is hereby changed to "S-P" Site Plan Zoning Dis-
trict, in accordance with Comprehensive Zoning Ordi.nance No. 82-73, for the
- storage, possession, retail sale, and off-premise consumption of alcoholic
beverages (beer only) incidental to the operation of a convenience store and
gasoline service station, providing for the construction and operation of a
cazwash facility, and provi.ding certain stipulatiens as follaws:
1. Right Turn Only signs shall be erected at each e�it;
2. Curh and gutter shall be provicleci on that portion of the property
frontir.g on Dove R.oad and �ti'est t�dorthwest Highway;
all in accordance with a revised site plan, attached hereto and made a part
hereof as �hibit "A", and further allewing all other uses as provided in the
"C-C" Community Con4nercial Zoning District.
Section 2. The City Panager is here.by direct� to correct the official
zor.ir.g rr�p of the City oi Grapevine, Texas, to reflect the herein change in
zoning.
Section 3. That in all ott�er respects the use of the tract or txacts of
land r,erein above described shall be subject to all the applicable regulations
contained in said City of Gra1.�evine zoning ordinance and all other applicable
:rid 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 pl.an for the
pui-pose of pror�ting health, safety, morals and the general u�elfare of the
co�rninity. They have been designed with respect to both present conditions
and �he conditions rea.sonably 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 overcrawding of
land, to avoid undue concentration of population; facilitate the adequate
provisions of transportation, water, �ewerage, drainage and surface water,
parks and other public requirements, and to make adequate provisions for the
noi-mal business, conanercial needs and development of the co�tanunity. 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 ctmiulative of all other ordinances of
the City of Grat�evine, Texas, affecting zoning ar.d 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 tern�s and provisions of this ordinance shall be
deemecl to be severable and that if the validity of the zoning affectinq any
portion of the tract or tracts of land described herein shall be declared to
be invalia, �,.he 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 cc�m�ly therewith, or with any of the
requirer.�ents 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
pei�mitted to exist shall constitute a separate offense. The awner or owners _
of any building or pr�n.ises, or part thereof, where anything in violation of
this ordin�ice .shall be placed or shall exist, and any architect, builder,
contractor, agent, person, or corporation employed in connection therewith,
and who may have assi_sted in the co�ission 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 pawer to enforce
the provisions ot 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, �rals, peace, and general welfare of the inhabitants of the City of
Grapevine, Texas, creates an emergency for the im�nediate preservation of the
public business, property, health, safety and general welfare of the public
which requires that this ordinance shall become effective fran and after the
date of its final passage, and it is accordingly so ordained.
PASS� AND �1PPROVED by the Cit_y Council of the City of Grapevine, Texas
on this the 20th day of Decen�r , 1983.
Z�PROVID:
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T��.ayor
ATTFST:
�V,-�.�I�tJ ���
City Secretazy
APPROVED AS 'I1� FORM ANL) I�GALI'I'�':
�
City Attorney
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�:YHIBIT "A" TO
ORDINANCE NO. 83-84
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