The URL can be used to link to this page

Home My WebLink AboutORD 1992-036 �"' ORDINANCE NO. _�6 � AN ORDINANCE ISSUING A CONDITIONAL USE PERMIT IN ACCORDANCE WITH SECTION 48 OF ORDINANCE NO. 82-73, THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS, SAME BEING ALSO KNOWN AS APPENDIX "D" OF THE CITY CODE, BY: (1) GRANTING A WAIVER TO SPECIFIC REQUIREMENTS OF SECTION 47E.2 PURSUANT TO SECTION 47F OF ORDINANCE NO. 82-73; AND (2) GRANTING A CONDITIONAL USE PERMIT FOR THE POSSESSION, STORAGE, RETAIL SALE AND OFF-PREMISE CONSUMPTION OF ALCOHOLIC BEVERAGES (BEER ONLY) IN CONJUNCTION WITH THE OPERATION OF A CONVENIENCE STORE WITH GASOLINE SALES AND AUTOMOTIVE REPAIR IN A DISTRICT ZONED "CC" COMMUNITY COMMERCIAL DISTRICT REGULATIONS UNDER CITY OF GRAPEVINE ORDINANCE NO. 82-73 ALL IN ACCORDANCE WITH A SITE PLAN APPROVED PURSUANT TO SECTION 47 OF ORDINANCE NO. 82-73 AND ALL OTHER CONDITIONS, RESTRICTIONS AND SAFEGUARDS IMPOSED HEREIN; CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL OTHER PORTIONS OF THE ZONING ORDINANCE; PROVIDING A ��' CLAUSE RELATING TO SEVERABILITY; DETERMINING THAT THE PUBLIC INTERESTS, MORALS AND GENERAL �,,, WELFARE DEMAND THE ISSUANCE OF THIS CONDITIONAL USE PERMIT; PROVIDING A PENALTY NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2, 000.00) AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED UPON EACH DAY DURING OR ON WHICH A VIOLATION OCCURS; AND PROVIDING AN EFFECTIVE DATE WHEREAS, an application was made requesting issuance of a conditional use permit by making applications for same with the Planning & 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 prerequisites having been complied with, the case having come before the City Council of the City of Grapevine, Texas, after all legal notices requirements, conditions and prerequisites 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 this '`� requested conditional use permit 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 1 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 reguirements of this ordinance for off-street parking facilities; location of ingress and egress points for parking and off-street locating 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 overcrowding of the land; the effect on the concentration of population; the effect on the transportation, water, sewerage, schools, parks and other 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 conditional use permit 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 overcrowding of the land, the �.;,� effect on the concentration of population, the effect on the transportation, water, sewerage, schools, parks and other public facilities; and � WHEREAS, all of the requirements of Section 48 of Ordinance No. 82-73 have been satisfied by the submission of evidence at a public hearing; and WHEREAS, the City Council further considered among other things the character of the existing zoning district and its peculiar suitability for particular uses and with the view to conserve the value of buildings and 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 granting of this conditional use permit, that the public demands it, that the public interest clearly requires the amendment, 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 conditional use permit lessens the congestion in �,,, the streets, helps secure safety from fire, panic and other dangers, prevents the overcrowding of land, avoids undue concentration of population, facilitates the adequate provisions of � transportation, water, sewerage, schools, parks and other public requirements; and 2 WHEREAS, the City Council of the City of Grapevine, Texas, has determined that there is a necessity and need for this conditional use permit 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 the issuance of this conditional use permit for the particular piece of property is needed, is called for, an 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, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That pursuant to Section 47F of Ordinance No. 82-73, as amended, the City Council hereby grants a waiver to the specific requirements of Section 47E.2 of Ordinance No. 82-73, as amended. Section 2 . That the City does hereby issue a conditional use permit in accordance with Section 48 of Ordinance No. 82-73, the Comprehensive Zoning Ordinance of the City of Grapevine, Texas, �,,, same being also known as Appendix "D" of the City Code, by granting Conditional Use Permit CU92-04, for the possession, storage, retail sale and off-premise consumption of alcoholic �.�. beverages (beer only) in conjunction with the operation of a convenience store with gasoline sales and automotive repair in a district zoned "CC" Community Commercial District Regulations under City of Grapevine Ordinance No. 82-73 located on the property described in Exhibit "A", attached hereto and made a part hereof (513 East Northwest Highway) all in accordance with a site plan approved pursuant to Section 47 of Ordinance No. 82-73, attached hereto and made a part hereof as Exhibit "B", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: None. Section 3 . The City Manager is hereby directed to amend the official zoning map of the City of Grapevine, Texas, to reflect the herein conditional use permit. Section 4. 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. � Section 5. That the zoning regulations and districts as herein established have been made in accordance with the comprehensive plan 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 3 � lessen congestion in the streets; to secure safely from fire, "�� panic, flood and other dangers; provide adequate light and air; to prevent overcrowding 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 of conserving the value of buildings and encouraging the most appropriate use of land throughout the community. Section 6. 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 7. 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 8. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor and upon ��. conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2, 000. 00) and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Section 9. That this ordinance shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 21st day of July , 1992 . PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on second and final reading on this the 4th day of Auqust , 1992 . APPROVED: � � � William D. Tate Mayor 4 ATTEST: � � ! nd Huff City Secretary APPROVED AS TO FORM: .�"..�. John F. Boyle, r. City Attorney �� '"�` �frr 5 Cu.�a-o�f I,egal Description Bein a OS165 acre tract oE land in the A.F. I-�conard S rt�' �'act of land as des nbed in decd�co B nf Grapcvinc, Tanant County, Texas, and being that oe Marvin Clark Dearing and M.C. Dearing � r�?��iculaolum�e� ��f llowa 1 of the Deed R�cords of Tarrant County, Texas and bemg mo p tY Be 'nning at a P.K Nail found at the intersection of t c�st ri ng-of-way 1 ne of�Doo1cY S t�e��t � Highway(State Highway No. 114, 100' R.O•W)and th R.O.W.) and being by deed call 2651.67 feet West and 326.2 feet North of the�utheast corner of said AF. Leonard Survey; �en� N p0 ' 08' 16" E along the east right-of-way line of Doo1e}+Street 187.48 fe�t to a 1!2" iron P in found at the southwest cotner of that certain tra�l�D RT.GT.�b� in deed to CINCO Investment Group as recorded in Voiume 7095, age �.. Thence S 89 ' S9' 16" E, 119.90 feet to a"X" in anH ll��i�°,on �mpany, Inch as recorded n � of land as described in deed to C.G Hall Jr. an • Vvlume fi84b, Page 20�1 D.RT.G.T.; . Thence S 00 • 04^ 4'7" W along the west line of said Hall tract 187.52 feet to a lI2" iron pin found in the north right-of-way line of East Northwest Highway, Thence N 89 � 57' S9" W along said right-of-way line WhO.�f��°�� PO�'nnta'sned gn the nghtd- containing 22,498 square fcetsif��65 acres of land of of-way dedica►tion of Dooley �,. . 6ZOS8 0 � � � � �� tiX S$� �e � �.� N � � atl a �\�, .i.Y� y�" 9 �� tp �o X Vv � �� b�� .�� .G � � � '�r 11� s b � > � � �� '�� C � ➢ �.� ¢ �y `�� b�� ` �� m � 4 � tt b~� c�� ~ � � 4 Y F- � U � � � O\ �� q $� N Q � Q � Q m � � � �B �� bba y� b • td� � � m Q = � � � � � � �� b�� C � �� b � � a � � rn � �. �� a �' �� b �b � �i i-- z � '` � g � � `� a �, ��,� �a �� 8� b� � o oc Q � y � �� , �� n w a F' e�� g� �ba ��H �"� �� w 0 � � m b �� z� �� -�:� �,�'� � � x �� X ?� ��, �a� �� o a � W �� s�� 8� �ag c� �� 3 �i� �ti� �� z � � � ' o � � � Q � a � � � '� on �� a � � � � �� a � � d � W < �� z � � � �� o � � � 3 a R ; o � � �� . � � � �9�� ¢ z ,��. � e��e� � e � � � � � � � �� g � .�' � �� :�� , � - � .�_—..� , ��. � �� p,�.�� .� �� pp � ..1Nel�.iJ�r ..+��Jwl 0�� • � � � � d � •.. ��.♦ � ��`i �� N � � Y � � ��'; \ . �. � :�`k a.�:+o � f � � n � - � � � �� , i� � r� u � i9 66� ., r � � _.� � y � � • ....,�.. � 'd ' 1 a I.O < a" ' � ' _Z9'18l � M..84�YO.00 S _ � _• � � I r.w.wn � � � G ��.o o -o� I , i � � � .....�.. I � ..�,..,...� , a � .�.,.,.b....,,�,.,...o. � � ,� _tl � : � �� '———————� � � � • :..m..y.». . � � 3 �;' � � N � � o ."' • � t �� OL� =� � a �.' • • � I � S W � '`� i � : � �6 ' p • ' a a 6 ,'� ] • r ; � �9: ... � � > �e �o� �� .a . . .�� ' � � � �� z tl � � � � � � 3 � .� � � ° � � � I � 6 � �: ; � � , � 9 � o � � a � � � � � '.1,� yp9 � : : �i 1 � . - �__ .� �}�� '�tA'. 0�,: �.�—�� G� . . i.�,, �1 / � p i J ' � ..�� A05�6IO�OW � � . .. ' , � � x I � ' � � __ -- �� ;,�_..m.> � �° � 9' .f�� 1'Oli � I �~� ' 8Y'L8t_'j ...,.,,.. ----- --=3 .9l.BO.00 N -T� �: , ~:ai�l�. �i=�i _�z.—J-�-- ---�-- -- � —^''—.uo�.o.oW 9°� � - - ..,.a _ �_ � �- +�-�• � ('M'0'H.OL)133tl1S A31004 � I r_r�rn.r_ i I — --- - � - --- - -- - - - -- _ ... :. .,_ - - - - - -,.•�� — - - �\ aa —_' � ��_�,--- \1 1 \ � R ..,� �: �,. � � �e* r rrw ii�,�,', ,-� � . s �`,.