HomeMy WebLinkAboutORD 1980-057 ORDINANCE N0. 80-57
AN ORDINANCE AMENDING ORDINANCE NO. 70-10,
THE COMPREHENSIVE ZONING ORDINANCE OF THE
CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO
KNOWN AS APPENDIX "A" OF THE CITY CODE OF
GRAPEVINE, TEXAS, GRANTING A ZONING CHANGE
ON A TRACT OF LAND DESCRIBED AS BEING A
LOT, TRACT OR PARCEL OF LAND LYING AND BE-
� ING SITUATED IN TARRANT COUNTY, TEXAS, BE-
ING A PART OF THE WILLIAM DOOLEY SURVEY,
ABSTRACT NO. 422 , IN THE CITY OF GRAPEVINE,
'� TEXAS, MORE FULLY AND COMPLETELY DESCRIBED
IN THE BODY OF THIS ORDINANCE; ORDERING A
CHANGE IN THE USE OF SAID PROPERTY FROM
"C-2" COMMUNITY BUSINESS DISTRICT TO "SP"
SPECIFIC USE PERMIT DISTRICT FOR THE STOR-
AGE, RESALE, AND ON PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (beer and wine only) ,
INCIDENTAL TO THE OPERATION OF A RESTAURANT,
IN ACCORDANCE WITH THE ATTACHED SITE PLANS ,
AND OTHER USES AS PERMITTED IN THE "C-2"
COMMUNITY BUSINESS DISTRICT, ALL IN ACCORD-
ANCE WITH THE ATTACHED SITE PLAN; CORRECT-
ING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE; PRO-
VIDING A CLAUSE RELATING TO SEVERABILITY; DE-
TERMINING THAT THE PUBLIC INTERESTS , MORALS,
AND GENERAL WELFARE DEMAND A ZONING CHANGE
AND AMENDMENT THEREIN MADE; PROVIDING A
PENALTY AND DECLARING AN EMERGENCY
WHEREAS 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 pre-requisites hav-
ing been complied with, the case having come before the City
Council of the City of Grapevine, Texas, after all legal
notices requirements, conditions and pre-requisites having
been complied with; and,
WHEREAS , 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 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 immediately 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 neighbor-
hood, 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 gene-
rated by the proposed use around the site and in the immediate
""""°"' 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
+r� 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 over-crowding of the land, the effect on the concentration
of population, the effect on the transportation, water, sewerage,
schools, parks and other facilities; and,
WHEREAS , 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 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 from same, the effect on the promotion of
health and the general welfare, effect on adequate light and air,
the effect on the over-crowding of the land, the effect of the
concentration on population, the effect on the transportation;
water, sewerage, schools , parks and other public facilities; and,
WHEREAS, 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 through-
� out this city; and,
WHEREAS , 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 interests clearly
requires the amendment, that the zoning changes do not unreason-
ably 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
WHEREAS, 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 dan-
gers; promotes health and the general welfare; provides adequate
light and air; prevents the over-crowding 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,
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 sur-
rounding and in close proximity to the property requested for
�wr 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 promote the general health, safety,
and welfare of this community;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRAPEVINE, TEXAS :
Section l. That the City of Graepvine Ordinance No. 70-10,
being the Comprehensive Zoning Ordinance of the City of Grapevine,
Texas, same being also known 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-wit:
916 North Main
All that certain lot, tract or parcel of land, described as
follows:
� Being a tract of land out of the WILLIAM DOOLEY SURVEY,
A#422 , in the City of Grapevine, Tarrant County, Texas,
and being described by metes and bounds as follows :
"�'" BEGINNING at an iron pin in the West line of Main Street,
said point being 16 feet West of the Southeast corner of
Tract #1, described in deed from Sena Hardin to John A.
Flories by Deed of Record in Volume 1940 , Page 445 , Deed
Records, Tarrant County, Texas, said point also being the
Northeast corner of a tract of land conveyed to Ann Carlson
by Deed of Record in Volume 6739 , Page 511, Deed Records ,
Tarrant County, Texas;
THENCE, West 137 . 0 feet (by Deed Call 134 . 0) to an iron
pin at the Northwest corner of said Carlson tract;
THENCE, North 65. 0 feet to an iron pin for corner;
THENCE, East 137 . 0 feet (by Deed Call 134 . 0) to an iron
pin in the West line of Main Street;
THENCE, South along said West line 65. 0 feet to the POINT
OF BEGINNING and containing 8 ,905 square fee� of
land and being the same tract of land recorded in
,,,�, Volume 5777 , Page 816 , Deed Records , Tarrant County,
Texas, SAVE & EXCEPT ANY PORTION LYING IN ROAD OR
ROADWAY, PUBLIC OR PRIVATE; which in accordance with
Comprehensive Zoning Ordinance 70-10 , was previously
�"" zoned "C-2" Community Business District is hereby
changed to "SP" Specific Use Permit District for the
storage, retail sale, & on premise consumption of
alcoholic beverages (beer & wine only) , incidental
to the operation of a restaurant, in accordance with
the attached site plans, and all other uses as per-
mitted in the "C-2" Community Business District Zoning
Category.
920 South Main
Being all that certain lot, tract or parcel of land situated
in the WILLIAM DOOLEY SURVEY, A#422 , City of Grapevine, Texas,
being the same property conveyed to Roy Chambers by J.T.
Lucas, by Deed dated November 28 , 1962 , and recorded in Volume
3934 , Page 226, Deed Records, Tarrant County, Texas, and being
more particularly described as follows :
BEGINNING at the Northwest corner of a lot conveyed to A.S .
Hodges by Senia Hardin etal, by deed dated December 2 , 1944 ,
recorded in Volume 1684 , Page 177 , Deed Records, Tarrant County,
s*� Texas;
� THENCE, West 137 feet along the North line of said A.S . Hodges
lot to an iron rod for corner;
THENCE, South 60 feet along the West line of said A.S. Hodges
lot to an iron rod for corner being the Northwest
corner of a portion of the A.S. Hodges conveyed to
Carlton D. Pittard by Wanda P. Pittard by deed dated
January 2 , 1975, and recorded in Volume 5777 , Page
838 , Deed Records, Tarrant County, Texas;
THENCE, East 137 feet to an iron rod for corner in the East
line of said A.S . Hodges lot being also the Northeast
corner of a portion of said A.S . Hodges lot conveyed
to J.N. Cummings by A.S. Hodges by deed dated March 4 ,
1946 , recorded in Volume 1776 , Page 103 , Deed Records ,
Tarrant County, Texas;
THENCE, North 60 feet to the PLACE OF BEGINNING; SAVE &
EXCEPT ANY PORTION LYING IN ROAD OR ROADWAY, PUBLIC
OR P.RIVATE; which in accordance with Comprehensive
Zoning Ordinance 70-10, was previously zoned "C-2"
Community Business District is hereby changed to
e� "SP" Specific Use Permit District for the storage,
retail sale, and on premise consumption of alcoholic
beverages (beer and wine only) , incidental to the
�„ operation of a restaurant, in accordance with the
attached site plans, and all other uses as permitted
in the "C-2" Community Business District Zoning
Category.
Section 2. The City Manager is hereby directed to correct
the official Zoning map of the City of Grapevine, Texas , to re-
flect 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 ordi-
nances of the City of Grapevine, Texas.
Section 4. That the zoning regulations and districts as
herein established have been made in accordance with the compre-
hensive plant for the purpose of promoting health, safety, morals
and the general welfare of the community. They have been designed
"'"�' with respect to both present conditions and the conditions reason-
ably anticipated to exist in the foreseeable future, to lessen con-
gestion in the streets; to secure safety from fire, panic, flood
� and other dangers; provide adequate light and air; to prevent
over-crowding of land, to avoid undue concentration of population;
facilitate the adequate provisions of transportation, water, sewer-
age, drainage and surface water, parks and other public require-
ments , and to make adequate provisions for the normal business ,
commercial needs and development 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 appropriate use of land throughout the
community.
Section 5. This ordinance shall be cumulative 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 ordi-
nance 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
�rrr the tract or tracts of land described herein.
Section 7 . That any person, firm or corporation violating
any of the terms and provisions of this ordinance shall be sub-
ject to the same penalties provided 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 gene-
ral welfare of the inhabitants of the City of Grapevine, Texas,
creates an emergency for the immediate preservation of the pub-
lic 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 accordingly
so ordained.
PASSED AND APPROVED BY THE CITY COUNCIL OF TH CITY OF GRAPE-
VINE, TEXAS on this the �_ day of ��r � � ,
1980 .
`'�"' APPROVED:
�1�rrr
Mayor
ATTEST:
City Secr a
APPROVED S TO FORM AND LEGALITY:
City Attorney
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