HomeMy WebLinkAboutORD 1978-007 ORDINANCE NO. 78-7
AN ORD3NAt�?Cr AMj�nT��NG nRD?N,�11N�E r1�. 7�-J..n. '`'HF. C!�i��IPREHENS I�rr;
ZnNIN'; C?RDTi1ANCF OF -rH:� �T'_T_'y �`� Gr'�IPEVINF, TEXIp,S , SA.1�'I�.; p�ING
�^� t'�.��O KNQGIIV AS TTT?_..F, 10 �� THE CITY Cn;?E nF' �'?ApE�IT�rF;, ? TF}�� '
C�PANTING A 7�NTNG C�-rANrE ON A TRACT nF J.�.4ND �'�SC'ZIt�ED AS
ir�r+
RE�NG �: Ln�r� -,-,��C?' OR P��RCEIv OF LAND �,XTNC; :'aN?? RETNC;
SI'?'UATEn ?T1 T��'�?�,.NT �C'UNTY, TEXA� q F3F.TNG A PA.t?T (�F ^_;'�IE
T. MA.Hs�N SiTIZ��EY; ARSTRAC'r 1050 IN THE CT�'Y +:)F GRAPF_.VINE,
'?'E_�S Mr�E �iTi T.Y AND COMPLETEI..Y !?ESCR?I3ED I�1 TI-IF RODY O�'
THI� �i'DINANCF; ORDERTNG A Cf��1Vc;L T;�T TF-r� LT�F n� SA?D PRnPER?'y
�'�ON1 "C-2" rC:MMt.1NITY '3U�INF_�S ?�TST'?TCT TC� "SP" SPECIF'IC US�
PERMIT DISTRICT FOR ON PR�T��TTS� CONSt?NiPTION �1L,CQHOLTC �EVER-
AGES , BE�.T; ONI Y INrIDENT..4I_. 'I'O THE OPEF?ATION QF A 2ESTAT?RANT
ANL� �TiiER CT�ES AS PERMITTED UlVDER "C-2" CQN�Mt?NTTY T3USrNF�S
DTST'�ICT� AS PER THF ATTACHEn STTE Pi_,AN; COR:T?ECTING '?'HF_
�F�ICTAL 2C?NING P�'LnE'; PRESEI?VING ALL OTHF.R PnRTICNS OF TI-i�.
_7.C3NING G�RDINANCF_; PRO�TID��?G A CL.At?SE F;Ei_ATTNG T� SEVEI�IIBII.ITY;
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DET�'RNrINTN� TI-�,1�"I�' '_rF-TE PUELIC INTERES'T', MOIZAI S Al`1D GENET?AL
�.LL.F�Ri�' DFMAI�T1� A ZONING CH.ANGr f1ND ANIENDI�IENT THERETN MADF;
P'Z�VIDTNG A PLNRi.,TY; ANn DFCL..�RING AN F,MERGENC�.'.
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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 ordinances of the City
of Grapevine, Texas, and all the legal requirements,
conditions and pre-requisites having been complied with,
the case having come before the City Council of the City
of Grapevine, Texas, after all legal notices, require-
`�� ments, 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 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 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-crowding of the land, the effect on the concen-
tration of population, the effect on the transportation,
water, sewerage, schools, parks and other public 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
on 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 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 amend-
ment, that the zoning changes do not unreasonably invade
the rights of those who bought or improved property with
reference ta 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 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
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, Texas, and helps
�, promote the general health, safety and welfare of this
community;
� NOW, THEREFORE,
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Rr TT ORDAINE� BY THE CTTY COUNCIL 4� THE CITY
OF GRAPBVINF. TEXAS:
SECTION 1. T�zat the City o_f_ Grapevine Ordinance No.
70-10, heing the Camprehensive Zonin� Ordinanc.e of the
� � City of Gr�pevin�, Texas , same bei.ng also kno�nm as Title
10 of +he City Code of Grapevi_ne , Texas , be, and the same
is hereby amended and chan�ed in that the �ise of the
.� f�lloti+�in� �1Qscribe�i property, to-wit:
BElNG situated in the City of Grapevi.ne, T�xas , and being
a part of -the T. 1�Zahan Sur.ve��, .Abstract No. 1050, Tarrant
C'ounty, Texas , and bei.ng a p�rt of the land conveyed to Jay
S. Armst-.r_ony b�,� Tohn C:. r'IcDc�nald by deed recorded in Volume
2538 , Pa�e 166, ?�eed Records , Tarrant Count.��, Texas , and
t�ein�r mo.r_P particul�.rly describec-1 as follo�ars :
BEGINNING at a point in the South line of State High�ATa�
114, said point heinr. Nort� 89� 15 � C-Jest a �istance of 252.70
feet and alonc� the Soizth line of said hight�ray from the North-
east corner_ of said Arm�tr.ong tract;
THENCE South 3�29� East and parallel t�, th� East line
of saic? Armstrong tract a distance �f ?..68.80 f_eet to an iron
ro�? for �orner i:n the North line of :��all Street;
THENC;F North 8�3� 57 � tialest and alon, saici North line a
di.stance of 100.04 feet to an i.r�n x-od for es�rr.er;
THENCE North 3� 2.9' Wes± a distancA of 268.27 feet tc�
an ir_or rc�d for corner;
� THENCE S�uth 39� 15� East a distance �f 1(a0.00 f�et +�
the place of BFGINNING and containinc apprnxima#:ely 26,780
sq. f.eet of land;
which was previousZy zonPd "C-2" Comriunity Busi.ness D�_st.r_ict
is he;�e?-:;r channe�l in accordance �vith �onin� Appl.ication
7.70-10 to "SP" Sp�cific Use Permi+ District for on pYemise
consum�ti.on of alcoholic hevera�es , beer only, incidental.
to the operata_on of a r.est�urant, as per the attach�d si.te
plar and other uses as per..mi_ttecl under "C-?" Communi+..y*
R_usiness D?strict 7oninc.
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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 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, Texas.
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SECTION 4. That the zoning regulations and districts as
herein established have been made in accordance with the
comprehensive plant for the purpose af 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 trans-
portation, 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 cammunity. They have been made with
reasonable consideration, among other things of the
character of the district, and its peculiar suitability
for the particul.ar 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
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, Texas.
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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 immediate preservation of
the public 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 THE CITY OF
GRAPEVINE, TEXAS, this the _�/� day of 7.v .
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1977.
�'� OR .
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ATTEST:
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CITY SE A ,'
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY
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