HomeMy WebLinkAboutORD 1977-040 ORDINANCE NO. 77-40
AN ORDINANCE AMENDING ORDINANCE NO. 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
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BEING A LOT, TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN TARRANT COUNTY, TEXAS, BEING A PART OF THE B.B.
JOHNSON SURVEY IN THE CITY OF GRAPEVINE, TEXAS MORE FULI,Y AND -
COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING
A CHANGE IN THE USE OF SAID PROPERTY FROM "C-2" COMMUNITY
BUSINESS DISTRICT ZONING TO "SP" SPECIFIC USE PERMIT DISTRICT
FOR THE STORAGE, RETAIL SALE, AND OFF PREMISE CONSUMPTION OF
ALCOHOLIC BEVERAGES (BEER ONLY) , INCIDENTAL TO THE OPERATION
OF A CONVENIENCE STORE, AS PER THE ATTACHED SITE PLAN, AND
�'''� OTHER USES AS PERMITTED UNDER "C-2" COMMUNITY BUSINESS
�, DISTRICT ZONING; CORRECTING THE OFFICIAL ZONING MAP; PRE-
SERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PRO-
VIDING A CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE
PUBLIC INTERESTS, MORALS AND GENERAL WELFARE DEMAND A ZONING
CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND
DECLARING AN EMERGENCY.
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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
I�"'""" 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 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 dangers; promotes
health and the gen�ral 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 cr�ange since
this property was originally classified and therefore
feels that a charige 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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;��' i�I' C�;�llA1Nl-;D B�7 `i�;j}� �l_'i'Y CCIUNCIL OF T3�E C1'PY
� OF vRr�P}�'V INE, '1'E>�AS :
SECTION 1. That the City of Grapevine Ordiriance
No. 70-10, 1�eing the Comprehensive Zoning Ordinance of the
_ City of Grapevine, Texas , same l�eing also known as Title
10 of the City Code of Grapevine, Texas, be, and the same
is hereby am�nded and changed in that the use of the
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followi.ng described property, te-wit:
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BEING a tract of land out of the B.B. Johnson Survey,
described as follows :
BEGINNING at the Northwest corner .of said Survey;
THENCE East 30 feet to East line of County Road;
THENCE with East line of said road South 2 degrees 37'
East 65 feet to beginning and Northwest corner of tract to
be described;
THENCE with East line of said County Road South 2 degrees
37' East 233 .2 feet to common line between U.S. Government
property line and Roy E. Pitts 12.68 acre tract;
�'4.
THENCE with Government property line North 42 degrees 12 '
�"" East 191.1 feet;
THENCE continuing with said Government property line North
4 degrees 12 ' West 100 feet;
THENCE South 86 degrees 19' West 131.9 feet to Place of
Beginning. Sometimes described as Tract 16, SHAMROCK SHORES
ESTATES, AS shown in Vol. 2581, Page 334, Deed Recrods,
Tarrant County, Texas ; which according to 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, and off premise consumption of
alcoholic beverages, beer only, as per the attached site
�
plan, and other uses as permitted under "C-2" Community
Business District Zoning.
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 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 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 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.
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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 provisians 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.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, this the 6th day of September �
1977.
� --
�""� MAYOR
ATTEST:
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CITY SECR ARY
APPROVED AS TO FORM AND LEGALITY:
�---_
CITY ATTORNEY
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� � &�HIBIT "A" TO ,,
' � ORDINADiCE NO�. 77-40 `�
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