Loading...
HomeMy WebLinkAboutItem 04 - CU06-18 Invitation ParkConditional Use Permit Application Request CU06-18 Invitation Park I �v-Nerb D S RD E DALLAS RQ- CBD TR U J I"to MxU 00 'OeIR 29 vv\- GU t >R 00011, 2,1� 9 TR= 06� 414 ,R A IR IS 7R 20 TR IM 164 7R ame z E I-14Sf-J-S�T Ali? IR? 6 'MO 4 2 2 pSR 2 0 5 c 3"1 IR IFIA ati 2R22 2 o a91 1422 IR 5 -DANIEL--ST- 1104 ! 114i Tarrant County 7 RAPEVINE IFS du I IUR 112k 4 0 OWO A to It 11 4 U) 12 ut iz� It 11H 4 --------- -3/ANE"ST-'- - im w z SANK AAW 2 Of 12Y13 < 2LO 3 U 3 im 1214 L 1=M 1 C9\ 2 6 TR IK2 so 1231 M4 7R IQ GER E- --FHCO I to If Is 3 4 IR IN RM �d ONnA R 31M 1Arxr,,r g t� 1 Q._�_ I ________1IYS3 AIR✓�(l.Ol __ ��ae-�� 3w7 aina . SZ + I i g .a,rnwo I - I I 111 .x y I W i i s Q a te 1 �hl �eiy� ,im Q J vv c m d13 d e J •ii( CCT1 ii - N -QI m I I � I Umv m ti I m I i > > L�J I + 1 S 1 + O I � 1W�d §3�J 8 3VV 321Li . Z 1 1 1 I I 1 Ell _ 1 1 I I w 1� I 1 �� � n •— WS4fi4 \ Y17 0_7_$n_Se ri 1�. _ , roauurnrxavx n_ Ii � I 1 1lVS�'A1i711n,0! I JLRRUJLS N WH :R xc aY ® cr r �php N �d ONnA R 31M 1Arxr,,r g t� 1 Q._�_ I ________1IYS3 AIR✓�(l.Ol __ ��ae-�� 3w7 aina . SZ + I i g .a,rnwo I - I I 111 .x y I W i i s Q a te 1 �hl �eiy� ,im Q J vv c m d13 d e J •ii( CCT1 ii - N -QI m I I � I Umv m ti I m I i > > L�J I + 1 S 1 + O I � 1W�d §3�J 8 3VV 321Li . Z 1 1 1 I I 1 Ell _ 1 1 I I w 1� I 1 �� � n •— WS4fi4 \ Y17 0_7_$n_Se ri 1�. _ , roauurnrxavx n_ Ii � I 1 1lVS�'A1i711n,0! I JLRRUJLS N WH :R ORDINANCE NO. 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 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 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 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. ORD. NO. 2 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. 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 No. CU06-18 to amend the site plan approved by Ordinance No. 2003-57 for a planned office center specifically to allow for the addition of a bank with drive-through service and two office buildings in a district zoned "PO" Professional Office District Regulations within the following described property: Lots 2 and 3, Block 1, South Main Vineyard Addition (1115 South Main Street) 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 "A", and all other conditions, restrictions, and safeguards imposed herein, including but not limited to the following: No residential uses are permitted at 1115 South Main Street. 1115 South Main Street shall also be maintained in full conformance with the Second Amendment to Declaration of Covenants, Restrictions, and Easements attached hereto as Exhibit "B", Exhibit B may not be altered, amended, or terminated without a public hearing before the Planning and Zoning Commission and the City Council, and approval of same by the City Council. Section 2. 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 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. Section 4. 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 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. ORD. NO. 3 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. 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 8. That this ordinance shall become effective from and after the date of its final passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 19th day of September, 2006. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY Oto GRAPEVINE, TEXAS on second and final reading on this the 3rd day of October, 2006. ORD. NO. 4 After recording, please return to: Charles Florsheim Cantey & Hanger, L.L.P. Southlake Town Center 181 Grand Avenue Suite 222 Southlake, Texas 76092 II I I to 1 11 LWILY _01CF-Aes &W 4,14 W's y 19114 Lay [030M.1110 I A WA%1 011k THE STATE OF TEXAS § COUNTY OF TARRANT § This Second Amendment to Declaration of Covenants, Restrictions, and Easements ("Second Amendment') is executed to be effective as of the P day of October, 2006. WHEREAS, on July 13, 2000, Vine Monticello Partnership, Ltd., a Texas limited partnership entered into that certain Declaration of Covenants, Restrictions, and Easements recorded in Volume 14432, Page 122 of the Deed Records of Tarrant County, Texas, covering real property located in the City of Grapevine, Tarrant County, Texas, described in Exhibit "B" attached to such declaration, which has been amended by First Amendment To Declaration of Covenants, Restrictions, and Easements dated effective as of October 18, 2002 (collectively "Declaration") (unless the context requires otherwise, all defined terms contained in this Second Amendment have the same meaning as such defined terms have in the Declaration); WHEREAS, the undersigned is a successor in interest to ownership of two-thirds of the Lots and, therefore, is the current Declarant under the Declaration ("Declarant"); WHEREAS, Declarant is authorized to amend the Declaration pursuant to Section 9.02 thereof; WHEREAS, Declarant desires to amend the Declaration as set forth below. NOW, THEREFORE, Declarant amends the Declaration as follows: 1. Article V of the Declaration is hereby amended by adding thereto Section 5.11 which reads as follows: SECOND AMENDMENT To DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS 1 5.11 Uniformity Standards Applicable To Certain Improvements. Each building constructed as part of this development on the property described in Exhibit "D" hereto shall be built and maintained consistent with the exhibits and displays submitted to and approved by the City. All buildings shall be constructed and maintained with a generally similar theme to both one another and prior submittals to and approvals by the City, and each individual building shall be built and maintained architecturally uniform with regard to its construction, colors, and cladding. These standards shall be governed by and enforceable by a Condominium Owner's Association that will be established with regard to the property described in Exhibit "D" prior to the sale of any condominiums constructed on such property and membership in such association shall be mandatory for each condominium owner. 2. Exhibit "D" attached to this Second Amendment is hereby added as Exhibit "D" to the Declaration. 3. Except as amended by this Second Amendment, all of the terms and conditions of the Declaration are ratified and remain in full force and effect. In the event of conflict between this Second Amendment and the Declaration, this Second Amendment controls. 4. This Second Amendment may be executed in one or more counterparts each of which will be an original, but all of which will constitute one and the same instrument. EFFECTIVE as of the date first set forth above. By: SMV Management, L.L.C. It General partner Thomas Crown, Manager STATE OF TEXAS § COUNTYOF This instrument was acknowledged before me on the day of , 2006, by Thomas Crown, Manager of SMV Management, L.L.C., general partner of Invitation Only, L.P., on behalf of such limited liability company and limited partnership. Notary Public, State of Texas SECOND AMENDMENT TO DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS EXHIBIT "D11 WHEREAS, Gourley and Gourley/Grapevine LP, is the owner of a 0.895 acre tract of land in the William Dooley Survey, Abstract 422, situated in the City of Grapevine, Tarrant County, Texas and being all of Lot 3, Block I and a portion of Lot 2, Block 1, South Main Vineyard Addition as recorded in Cabinet A, Slide 10781, Plat Records Tarrant County, Texas, (P.R.T.C.T.) and being more particularly described as follows: BEGINNING at a 1/2" iron rod found at the southeast comer of Lot 3, Block 1, South Main Vineyard Addition, a tract of land as herein described, same being a comer of a tract of land conveyed to Grapevine Municipal Complex Addition in the plat recorded in Volume 338-197, Page 7 (P.R.T.C.T.); THENCE North 88'41'58" West, along the south line of said Lots 2 and 3, Block 1, South Main Vineyard Addition; a distance of 222.58 feet to a point for comer; THENCE North OO'l 1'43" West, departing said south line, a distance of 194.42 feet to a point on the north line of Lot 2, Block 1, South Main Vineyard Addition; THENCE North 89'45'44" East, along the north line of Lot 2, Block 1, South Main Vineyard Addition, a distance of 63.31 feet to a point for comer; THENCE South 00'14'16" East, along the cast line of Lot 2, Block 1, South Main Vineyard Addition, a distance of 33.00 feet; THENCE North 89045'44" East, along the south line of Lot IR, Block 1, South Main Vineyard Addition, a distance of 144.56 feet; THENCE North 00'14'16" West, along the south line of Lot IR, Block 1, South Main Vineyard Addition, a distance of 21.00 feet; THENCE North 89'4544" East, along the south line of Lot 1R, Block 1, South Main Vineyard Addition, a distance of 14.62 feet to the northeast comer of Lot 3, Block 1, South Main Vineyard Addition; THENCE South 00'11'45" East, along the east line of Lot 3, Block 1, South Main Vineyard Addition a distance of 188.39 feet returning to the Point of Beginning and containing 0.895 acres, more or less. SECOND AMENDMENT To DECLARATION OF COVENANTS, RESTRICTIONS, AND EASEMENTS 3