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Home My WebLink AboutORD 1977-030 ORDINANCE NO. 7']-30 °'�� AN ORDINANCE AMENDING ORDINANCE N0. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, 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 LOT, TRACT OR PARCEL OF LAND LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE A. E'. LEONARD SURVEY, A-946 IN THE CITY OF GRAPEVINE, TEXAS MORE FULLY AND COMPLETELY DESCRIBED 1TI THE BODY OF THIS ORDINANCE; ORDER2NG�i CHANGE IN THE USE OF SAID PROPERTY FROM "C-2" COMMUNITY BUSINESS DISTRICT; TO "SP" SPECIFIC USE PERMIT DISTRICT FOR ON PREMISE CONSUMPTION OF AT,COHOLIC BEVERAGES (AS PER THE ATTACfiID SITE PLAN) INCIDENTAL TO THE OPERATION OF A RESTAURANT AND OTHER USES AS PERMITTED UNDER � "C-2" COMMUNITY BUSINESS DISTRICT, CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; �w+ PROVIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORALS AND GENERAL WELFARE DEMAND A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING AN EMERGENCY, � V�7HEREAS, �ppl. ; ,�;,t.; �.;��s •,�v:��_e rnade to am�nd the Official Zoning Map, City of Gr_apevi_ne, Texas, by making applications f_or same wit-h i�he P1_anning and Zoning Co��lmission of the City of Grapevine, Texas, as required by state statutes and tne zoning ordi_nances of the City of Grapevi.ne, Texas, and all the l�gal requirements, conditions and pre-requi.sites hav�_ng been co�npli_ed with, the case having come bef_ore the City Council of the City „� ., of Grapevine, Texas, ai�ter all leaal notices, r�quire- ments, conditions and pre-r_equisites 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 follawing factors in making a determination as to whether these reques-L-ed changes should be granted or denied; safety of the motoring public and the pedestrians using the faci_lities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flocd or �aater damages, noise producing elernents and glare of the vehicular and stationary lights and effect of such lights on established character of the nei.ghbarhood, 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 determi_ned 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 af 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, "'�"" SaHEREAS, 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, f_}�� City ��o��c.i.1 of t:he City of Grapevine, Texas, does fi_nd t:hat there is a public necessity for the loning change, that the public demands it, that the pub]_ic interest clear_ly requires the amend- rnent, that the zon.ing changes do not unreasonably invade the rights of those �,�ho bought or i_mproved property with reference to the classif-ication which exi_sted at the tLme their original investrnent was made; and, ,� .„. wHEREAS, the Ci_ty Council of the City af Gr�pevine, Texas, does find th�t i�he change in zoning ,,,�� lessens the congestion in the streets, helps secure saf_ety 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 Grap�vine, 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 th��refore 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, � )3E I'I' ORD?�]?v�;D n'�' `�'i�r �� 1_'�'Y COLi��;C1L OF 'ii3E CI'1'Y � Ur �:tZ%�Pr v IiJr, `PEXAs : SEC`1�ION ]_ . 'Pi��t 1=hc� City of Grapevine Ordinance No. 70-10, b:�i?�g th� �'��i�pr�}-,�.i�si-��n 7oning Or_dinance of the Ci�y of Gr_ apevine, T�.�>;,_�s , sam� 1�� ng also kno�.an as Title 10 of tpe Cit�y Code of Gl-ap�v� n�, T�xas, be, cnd the same is her��y ��inc1��3�d and ch�:ng�d in Lhat the use of tl�e � ,�=�.. fo�lo-�aing re5cribed propc�rty, tc -wit: 1 i BEING A TRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, �"'�'' ABSTRACT NO. 946, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at an iron pin, said point being, by deed call, South 206.2 feet, West 510.0 feet, S. 4 degrees - 25 ' W. 243.8 feet and N. 88 degrees - 25 ' W. 277.5 feet; THENCE N. 89 degrees - 25 ' W. 222.9 feet to an iron pin in the East line of Silverside Drive; THENCE S. 00 degrees - 32 ' W. along the East line of Silverside Drive 296. 1 feet to an iron pin in the North line of Bushong Road; THENCE S. 89 degrees - 55 ' E. along the North line of Bushong Road 222.9 feet to an iron pin for corner; THENCE N. 00 degrees - 32 feet E. 290.3 feet to the � POINT OF BEGINNING and containing 1.5 acres of land, which was previously zoned "C-2" Community Business �*� District according to Zoning Ordinance 70-10, is hereby changed to "SP" Specific Use Permit District for on premise consumption alcoholic beverages, (as per the attached site plan) incidental to the operation of a restaurant, and other uses as permitted under "C-2" Community Business District. �,u«. � SECI'lON 2. The City T�:-.�z�ger � s '��r�by directed to co:cr_�ct the official zoning map of the City of Grapevine, Texas, to r_eflect the herei_n clzang� in zoning. SEClION 3 . That in all other respects the use of the tract or tracts of land herein above described shall be subject to a11 the applicabJ_e regulations contain�d in said City of Grap�v�_ne zoning ordinance and all other applicabl.e and �� pert.inent ordi.nances of the City of Grapevine, T�xas . SECTION 4. That the zoning regulations and districts as �,. herein established have been made in accor_dance with the comprehensive plant for the purpose of promoting health, safety, morals and the general welfare of the cornmunity. They have been designed, with respect to both present conditions and the conditions reasonably anticipai�ed to exist in the foreseeable future, to lessen congestion in the streets; to secure safety from fire, panic, flood and other dangers; pravide adequate light and air; to prev�nt 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, comm�rcial 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. �� SECTlON 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 afiecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same sha11 not affect the validity of the zoning of the balance of the tract or tracts of land described herein. SFCTION 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. "`�'�" 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. PF�SS_f�D AND APPROVED BY `1`T�E GL'L'Y �.'��)��tC.i L OF TI�E Cl'I'Y OF GR7�PEVINE, TEXAS, this the __ 2lst_ _ day of __June _^ , 1977. —��f� �°> ----�---�--�------------- P�I?�YOR ,�, A�L�TEST: ; ,.�/ �i', y��,� -�.�� —:— �:"�}- — -- — �-- CIT �SECR�'I'ARY � � �� APPROVED AS TO FORM AND LEGALI'1'Y: .,�•.�-.< .y� I�...-. !� CITY ATTORNEY ,�,,� � � � . . EXHIBIT nA" TO � � ORDINANCE NO. 77-30 : •; , . . . . � � � _ _ . _ �, . . ,. � . .. . ' `E . ' . . . . . - ' . . . . ' 'S. - . � � , � . . - . - . " � �7 ' . . . ... ' . . _. .�. . ... , . . . . -. .� . .. � .. , ... . .. . .. .. . , � ... . . . ; , . . .. .: .:. � . . . . . . . . .. . -.. . . . • x :_ _ .�. . . . ' _ . . ' . . . ._ . .. . . . � . � - ; . � � ' . ' � � . . . . . . . . . .. . . ' . . - . . " • . . . .. . ' . ' . . - . .. - ,'.. . I � ' . ' . - . � . , � . . � . . . � ' . . .. . . . SITE PLAN . - . EXHIBIT "A" _ � " . � si.c v6,t'sio� - ,o�f'ir� - , _ • • . —---- --— � t �--``��s — .. . - //` CqRS ' I � - ----1 +- � _- S Cf��s ' � ��---- 10 0 '- — � � - , . �� . ` � � �,.-� -,;— ;:\ ��.�. - i o ��. ��-- � � < -_ �,. ' _ _ r . � � � � - � ��•- , w � . �� i`X F _�� . • � � I � � ,1 � -� �.'�_ � � . � � . . i � ' ` � � N � ' � � ' r�= � � ' � � � � � � -: � � � ..� o � � a q � �''• �� ,NO > ��,_� - v. � v� �... � � - � � -r, ;`. � - ' .,' - � - 1 '',� ';� ~t. \_ lr��..'i.-. 'J r_ j" _ � _� ' '�.» _ ^ t - h. ! _ . � j � - �� -v__-_-_--_-��=-- __ � � o � ;----__--^-�-- - D P � J -�----- � � � � � j �/ � . i o c„�-s :. � _ _ �I �"� 1 � ��-_,_.-� _ � 0 4---- � � �- i �-� -,- �, - � ° � � �- � � '- : � � j z 6 <A Rs - . . � - o � , - 1 � 1 � . " : }- -�%�- { - . _ � - . - "THE PREMISE" for on premise alcoholie beverages � � � i i i I i 1 � . I , 1 i