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Home My WebLink AboutORD 1976-039 � ORDINANCE NO. 76-39 AN ORDINANCE A.MENDING ORDINf�.NCE NO. 70-10, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS , SA.ME BEING ALSO KNOT�VN AS TITLE 10 OF THE CITY CODE OF GFZAPEVINE� TE�C/�S �. GRANTING A ZONING CI-if1NGL ON A TRACT OF LAND DESCRIBED AS �' LL BEING A LOT, TRACT OR PARCEL OF LANll LYING AND BEING SITUATED IN TARRANT COUNTY, TEXAS , BEING A PART OF THE A. F. LEONARD SURVEY, A.BSTRACT NO. 946, IN THE CITY OF GIZAPEVINE, TEXAS N10RE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS OIZDINANCE; ORDERING A CI-IANGE IN THE USE UF SAID PP-,OPEFZTY FROM "C-2" COMMtTNITY BUSINESS DISTRICT TO "SP" SPECIFIC USE PERMIT DISTRICT FOR THE STGRAGE, POSSESSION, AND RETAIL SALE OF ALCOHOLIC BEVERAGES , BEER ONLY, F'OR OFF PREMISE CONSUMPTION ONLY, AND OTHER USES AS PERMITTED UNDER "C-2" COMMUNITY BUSINESS DISTRICT: RS PER THE ATTATCHED SITE PLAIV; �ORRECTING THE OFFICIAL ZONING M�P; PRESERVING ALL OTHER ^ PORTIONS OF THE ZONING ORDINANCE; PROVIDING A CLAUSE RELATING � . TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTEREST, MORAL..S AND GENEFZAL �VELFARE DEMAND A ZON ING CHEINGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY; AND DECLARING !�N EMERGENCY. � - �,,., WHEREAS, appli_cations �,-��re 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 af 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, locatian 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 Co�inr�il of the City of Grapevine, Texas, does fi_nd that tlzere 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 ch�nges do not unreasonably invade the rights of those who ]�ought or i_rnproved pr_operty with reference to the classification which existed at Lhe t ime 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 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 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 ,,w-Y� promote the general health, safety and welfare of this community; NOW, THEREFORE, �� o.J i�r, L�r or��>>r� rr�r;� �3� �;�,3� �� i�rz� cou�vrzr, oF �r�3r cl�rY � or �_�x.��r�v i ?��,, �r}�;��s : SEc�'I'ION l . T}�at t=}�e ('ity c�f Grap�vi_ne Or_diriance No. 70 -7.0, ]�c�ing the Comprehc�nsivc� 7,oning Ordinance of the , Cit�y of Gr�,pevine, T�xas , s�:rne L-�>> ng also known as T.itle 10 of the Cii�y Code of Grapevi ne, Tr�xas, ]�e, and th� same is hc:reby arn�nded and changc�d in th3t the use of the , � following descri_bed prop��rty, tc-wi_t: j; Being a� tract or parcel of land out of the A. F. Leonard Survey, Abstract #946, situated in the City of Grapevine, Tarrant County Texas and described by metes and bounds as follows: BEGINNING at the intersection of the South line of State Highway #114 and #121, with the West line of Dooley Street, said point of beginning being the Northeast corner of that certain tract to Gulf Oil Corporation, as shown in Volume 3111, page 525, Deed Records, Tarrant County, Texas and said point of beginning is also East 2166.4 feet, North 319.3 feet and North 89° -57' East 468. 5 feet from the Southweat corner of said Survey; THENCE South 00° - 10 ' West, along the West line of Dooley Street 106.0 feet to an iron pin for corner, same being the Southeast carner of said Gulf Oil Corporation Tract; THENCE South 89° - 57' West, 208.5 feet to an iron pin far corner; THENCE North 00° -10' East, 106.0 feet to an iron pin for corner in the North line of the Gulf Oil Corporation Tract and in the :�-� South line of said Highway #114 and #121; THENCE North 89� -57' East, along the South line of said Highway 208. 5 feet to the point of beginning and containing 0.507 Acres of Lando which is presently zoned "C-2" Community Business District under Ordinance 70-10, is hereby changed to "SP" Specific Use Permit District for the storage, possession, and retail sale af alcoholic beverages, beer only, for off premise consumption only, as per the attached site plan, and other uses as permitted under " C-2" Community Business District. � � � '"� . SEC'].'ION 2. The City Manager is her_�by directed to correct the official zaning 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 J_and herein above described shall be subject to all the applicable regulations r_ontained in said City of Grapevine zoning ordinance and all other applicable and ��, pertinent ordinances of the City af Grapevine, Texas . 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 cangestion 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, cammercial 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 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. 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 caelfare 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. � t�:� PASSED AND APPROVED BY THE CITY COi7NCIL OF THE CITY OF GRAPEVINE, TEXAS, this the 21st_ day of ^_ December . 1976 . � �� . � , �� _ � : � '� MAYOR--- - — `` ' ATTEST: CI SEC TARY � APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ^ r�. �r y«.,, EXHIBIT "A" TO . �RDINANCE NO. 76-39 _ `'� -- _ _ _ _ . _ _.� �-� �.'f ;-:� / %�' .J//�ri_'' ��'/�.�/��y �� / ��; r��,: ' i :)(�;;'"' �� -�'G . �� ;,��,�. /� �.t' 1��_�l G, - P .J s � � � y � :��d� '��.- �0.�-s .� _ , ,^ ;_ ( ��-�r,o � . %' � w � ^,i �'s_,.�:.o I � i � Q�� }� I ' ; � I � ��-S �i� n , � C �J� � i�<_ I ` , � r v I �' � � • '�v �, . � � . �� -- � �R � �. ✓'—' --� � � `'7 -Y- _ ...r_�_��_-:_:__ � _l � ��-� ; c� i G� -y-s2� ~ ,� j � i \ ��; f � o � � i �� i .'-SyC:1� `� � + • � �� ''I ' • : ti �, c�.z�� --.-.�f�: t�� v + ( ' � � � � sf�<<_r,i�F�� n � L��.o,;-r�G �� '� ' Q� � � � 1 ` .�.. .�=`z � ��/ �� \ � ; � �=-�J� . 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