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Home My WebLink AboutORD 1973-042 G��►�.cwa° �c�G 73��Z TO: SITE PLAN REVIEW COMMITTEE MEMBERS j,_ FROM: RON STOMBAUGH, DEVELOPMENT MANAGER DATE: MARCH 23, 2005 SUBJECT: CONDITIONAL USE REQUEST CU04-10, LO NUESTRO, LOT 2R, FLOYD HARRIS ADDITION RECOMMENDATION Staff recommends the Site Plan Review Committee consider the proposed changes to Zone Change Request Z73-10 for off-premise consumption of alcoholic beverages (beer and wine only) in conjunction with a retail store and take any action necessary. BACKGROUND INFORMATION Council approved a zoning change in the form of a specific use permit for off-premise alcoholic beverage sales for a retail store now known as Lo Nuestro. With this request the applicant proposes to amend the floor plan for the store to make made to order .� sandwiches and meat sales. /rs �,_.:.:. O:�ZC U\CU 04-10.4sprcA .� ��'° � .`°°-"'""", '"� """�"'"""'".°"".°°.�°'"'�°�m 6909�. 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AMENDEO BY ��/,��,Q,�_ SPRC APPROVED„_„�'Z�,�Qy� ORDINANCE NO. 73_q2 AN ORDINANCE AMENDING ORDINANCE N0. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF r. • GRAPEVII�E , TEXAS, SAME BEING ALSO KNOWN AS TITLE 10, OF THE CITY CODE OF GRAPEVINE, TEXAS, GRANTING � A ZONING CHANGE ON A TRACT OF LAND DESCRIBED AS: BEING A TRACT OF LAND IN THE STARR ADDITION TO THE CITY OF GRAPEVINE, BLOCKS 13 and 14 AS RECORDED IN THE MAP AND PLAT RECORDS OF TARRANT COUNTY, TEXAS, MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANC.E; ORDERING A CHANGE IN THE USE OF SAID PROPERTY TO SP SPECIFIC USE PERMIT DISTRICT , FOR THE RETAIL SALE OF ALCOHOLIC BEVERAGES FOR OFF-PREMISES CONSUMPTION ONLY AND THE STORAGE � OF ALCOHOLIC BEVERAGES INCIDENTAL TO SAID RETAIL ,� _: SALE ALL ACCORDING TO THE SITE PLAN ATTACHED HERETO AND MADE A PART HEREOF; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS � THE ZONING ORDINANCE; PROVIDING A SEVERABILITY CLAUSE; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND � - AMENDMENT HEREIN NLADE; 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 and Zoning Commission of the City of Grapevine, Texas, as required by state statutes and the zoning ordinance of the City of Grapevine, ,,: .. Texas, and all the legal requirements, conditions and pre-requisites having ,�:.,, been complied with, the cases 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 irrimediately surrounding the sites; 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 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 rea sonably expected to be generated 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 loading 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-crowing of the land, the effect on the concentration � :� of papulation, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and '�` ' WHEREAS, the City Council of the City of Grapevine, Texa s, 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�rowing of the land, the effect on the concentration on population, the effect on the � t 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 throughout 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 interest clearly requires the amendment, that the zoning changes do � not unrea sonably invade the rights of those who bought or , improved praperty 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, 'Te�ta s � � 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 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 conditiors 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, and helps�promote the general health, safety and welfare of this community; NOW, THEREFORE, i � � . � . ;; , � i BE IT ORDt� INED BY THE CITY COUNCIL OF THE CITY OF C�RAPEVINE, I TEXAS: I 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 �� known as Title 10 of the City Code of Grapevine, Texas, be, and the same is hereby � �,.�a amended and changed in that the use of the following described property, to-wit: BEING a part of Blocks 13 and 14 of STARR ADDITION to the � City of G rapevine, Ta rrant County, Texa s, and being in the A. F. LEONARD SURVEY, and described as follows: BEGINNING at the Southwest corner of the A. F. Leonard Survey, same being the Southeast corner of a tract of land deeded to W. C. Cummings by A. L. Duke as recorded in Vol. 1581, page 153, of the Tarrant County Deed Records; THENCE with the North line of said Highway, South 88 deg. �. . 45 min, West 225 feet to an iron; �:..� THENCE North 0 deg. 12 min, East 158, 1 feet to an iron; THENCE North 88 deg, 45 min. East 220. 9 feet to a stake in the East line of said Cummings tract; � THENCE South 1 deg, 17 min, East 158 feet to the place of i BEG INNING; , which is presently zoned C-2 Community Business District is changed to SP Specific Use Permit District for the retail sale of alcoholic beverages for � off premises consumption only and the storage of alcoholic beverages incidental to said retail sale, � �� SECTION 1-A. That the district use on the property described in Section 1 is hereby approved and granted upon the following express conditions; (a) That the usage and development of said praperty shall be in �` ry conformance with the Site Plan attached hereto and made a part hereof for �-� al l purposes. (b) A true copy of the said attached Site Plan shall be furnished to the Building Inspector for observance in connection with the zoning herein granted. The above requirements shall not be construed as conditions precedent to the granting of a zoning change, but shall be construed as conditions precedent to the granting of a building permit and/or certificates of occupancy. �, � �. . �� ..� SECTION 2. The City Manager is hereby directed to correct the official zoning maps 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. SECTION 4. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive 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 reasonably 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 over-crowding 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, 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 cf conserving the value of buildings and enco�aging 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 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 terms and provisions of this ordinance shall be subject to the same penalties �,,=, provided for in Ordinance No. 70-10, Zoning Ordinance of the City of Grapevine, �� Texa s, SECTION 8. The fact that the present zoning ordinance and regulations of the City are inadeguate to properly safeguard the health, safety, morals, peace and general welfare of the inhabitants of the City creates an emergency for the immediately preservation of the public business, property, health, safety and general welfare of the public which reguires that this ordinance shall become effective from and after the date of its final passage, as provided by the Charter of the City, and it is accordingly so ordained. '� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAP�VINE, �-� TEXAS, this the 4th day of Se�temeer, A,D. 1973, �J- � , M ATTEST: . a ,, � ity ecreta r -- OVED AS TO F RM: �'�' ity ttorney �M�