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HomeMy WebLinkAboutItem 05 - CU09-28 Rainbow Plants val q((q0 MEMO TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE cPtriX' PLANNING AND ZONING COMMISSION t4P,/ FROM: BRUNO RUMBELOW, CITY MANAGER V?"— SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOIMVI MEETING DATE: SEPTEMBER 15, 2009 SUBJECT: CONDITIONAL USE REQUEST CU09-28 RECOMMENDATION: Staff recommends the City Council and the Planning and Zoning Commission accept the applicant's request to withdraw conditional use request CU09-28,and take any other action necessary. See attached letter. /sb 0:\ZCIACU09-28.41 1 09/14/09 11:02 AM >>> <PWeaverasimon.com> 9/14/2009 10:20 AM >>> • Scott, Per our conversation please withdraw our conditional use request to be heard by Council on Tuesday, September 15. Peggy Peggy Weaver Mall Manager Grapevine Mills 3000 Grapevine Mills Parkway Grapevine, Tx 76051 972.724.4910 fax 972.724.4920 pweaver simon.com ----- Forwarded by Peggy Weaver/Simon on 09/14/2009 10:18 AM ----- GG TFMo ,viz w �- TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGER O' SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTO MEETING DATE: SEPTEMBER 15, 2009 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF CONDITIONAL USE APPLICATION CU09-28 t r---I I I I I `�__, Grapevine y' APPLICANT: Derrick Malone I o Lake 1 oVe�-- Imo_ I.H.635 PROPERTY LOCATION AND SIZE: Northwes owe"' w. The subject property is located at 3000 Grapevine 9 Mills Parkway#700 and platted as Lot 1R2, Block 1, � 1 `"y ' Grapevine Mills Addition, Phase 1. The addition Hall-Johnson Sy�� ADport contains 136.92 acres and has approximately 2,388 feet of frontage along State Highway 26 and 1,834 -- _ 2 _ feet of frontage along Grapevine Mills Parkway(F.M. m Glade Rd.� r, I 2499). c O REQUESTED CONDITIONAL USE AND COMMENTS: The applicant is requesting a conditional use permit to amend the approved site plan of CU06-42 (Ord. 2006-79)for a planned commercial center in excess of 1,000,000 square feet of gross leaseable space, specifically to allow an outdoor farmers market in the parking lot near the south end of the mall. The applicant intends to establish a farmer's market/nursery business on a 3,330 square foot area (110 feet by 30 feet)of the parking lot south of Sun and Ski Sports. A total of 26 parking spaces will be fenced and covered with a shade structure for the display and sales area. Typical items for sale will include bedding and hanging plants and accessory items such as potting soil. The business operates during daylight hours, approximately nine months out of the year between the months of March through July and September through December. Adequate parking exists for the proposed use because the available parking for the leasable area of the subject is 8,467 spaces of which 7,489 are required parking spaces, resulting in a surplus of 978 spaces. \ZCU\CU09-28.4 1 September 4,2009(11:43AM) PRESENT ZONING AND USE: The property is currently zoned "CC" Community Commercial District with a Planned Commercial Center in excess of 1,000,000 square feet of gross leasable space designation and is developed as the Grapevine Mills Mall. HISTORY OF TRACT AND SURROUNDING AREA: The subject and surrounding property were rezoned in the 1984 City Rezoning from "1-1", Light Industrial to "HCO", Hotel/Corporate Office and "PID", Planned Industrial Development. The subject property was rezoned (Z95-13) to "CC", Community Commercial on October 17, 1995. The subject property was granted a Conditional Use Permit CU95-36 for development of a planned commercial center in excess of 1,000,000 square feet of gross leasable area and conditional use pole signs. The public entryway features were approved as an addendum (ADD96-01) to CU95-36 by Resolution 96-34. Conditional Use Permit CU96-26 (Ordinance 96-79) revised the site layout, the ring road configuration and access to residential properties to the west. Conditional Use Permits CU97-05 and CU97-06 (Ordinance 97-09, 97-11)allowed alcoholic beverage sales(Sega Gameworks) and amended the site layout. Special Use Permit SU97-04 (Ordinance 97- 10)allowed skill-oriented games in excess of eight(8)machines and two(2)billiard tables. CU97-13 (Ordinance 97-28) allowed for alcoholic beverage sales in conjunction with a restaurant (The American Wilderness Experience). CU97-18 (Ordinance 97-40) also allowed for alcoholic beverage sales in conjunction with a restaurant (Rainforest Cafe). CU97-29 (Ordinance 97-55) was approved by Council at the June 3, 1997 joint public hearing which allowed for signage for the entire Grapevine Mills Mall project including the outparcel areas. CU97-29 was later modified at the July 1, 1997 joint public hearing to provide for an 80-foot entertainment globe(Ordinance 97-61). CU97-25(Ordinance 97-57) was approved at the June 17, 1997 joint public hearing and allowed for alcoholic beverage sales in conjunction with a restaurant(Tres Hombres)located in the outparcel area. CU97- 36 (Ordinance 97-72) amended the site layout for the development of a retail use in the outparcel area (Michael's). CU97-42 (Ordinance 97-92)was approved at the August 19, 1997 joint public hearing and allowed the development of a retail tire store (Discount Tire) in the outparcel area. At the November 18, 1997 joint public hearing, a 38.255 acre Phase 2 development was incorporated into the overall Grapevine Mills Planned Commercial Center located to the southeast of the Mall proper across State Highway 26 and bordered also by the southbound service road of State Highway No. 121 and Bass Pro Drive (Bethel Road). Z97-22 (Ordinance 97-125) rezoned 11.825 acres from "PCD" Planned Commerce Development District and 26.43 acres from "HCO" Hotel/Corporate Office District to "CC" Community Commercial District for the development of Bass Pro Shops Outdoor World and Embassy Suites Hotel. CU97-60 (Ordinance 97-126) and CU97-61 (Ordinance 97- 127) incorporated Bass Pro Shops Outdoor World and Embassy Suites Hotel into the Grapevine Mills Planned Commercial Center and also allowed for on-premise consumption of alcoholic beverages and seven 40 foot pole signs. The November 18, 1997 joint public \ZCU\CU09-28.4 2 September 4,2009(11:43AM) hearing also established CU97-62(Ordinance 97-128)Rooms To Go,a 39,870 square foot ,,, ,,; retail furniture store; CU97-63 (Ordinance 97-129) Chick-Fil-A, a 3,822 square foot restaurant; and CU97-64(Ordinance 97-130)which allowed for off-premise consumption of alcoholic beverages (wine only) for a lease space within the Mall proper. CU97-68 (Ordinance 97-147) was approved at the December 16, 1997 joint public hearing which allowed the development of a 3,855 square foot health care facility (Primacare) in the Phase 1, outparcel area. CU97-75 (Ord. 98-10) was approved at the January 20, 1998 joint public hearing which amended the signage plan for wall signage associated with outparcel tenants. CU97-76 (Ord. 98-11)was also approved at the January 20, 1998 joint public hearing which approved a 10,095 square foot restaurant(Cozymel's)in the Phase 1, outparcel area. CU98-03 (Ordinance 98-17)was approved at the February 3, 1998 joint public hearing, which approved an amended floor plan for Dick Clark's American Bandstand restaurant. CU98-07 (Ord. 98-40) allowed for on-premise consumption of alcoholic beverages in conjunction with a restaurant(Corner Bakery). CU98-21 (Ord. 98- 74)was approved at the June 16, 1998 joint public hearing which amended the floor plan for American Wilderness. Also approved with this request was a request by the Mills Corporation to extend to January 15, 1999 the temporary parking areas at Anchor Pads A and B. At the September 15, 1998 joint public hearing CU98-47 (Ord. 98-116) was approved amending the floor plan for Cozymel's in the outparcel area of the Grapevine Mills Mall. CU98-48 (Ord. 98-117) was approved at the same public hearing and established MJ's Chop House/Mason Jar—a dual concept restaurant with alcohol beverage sales in the outparcel area. Also, CU98-49 (Ord. 98-118)was approved at the September 15, 1998 joint public hearing which allowed for canopy extensions over the main entrance and ticket window areas of the AMC Theater complex at Grapevine Mills. CU98-57 (Ord. 98-130) was approved at the October 20, 1998 which allowed for the development of a Black-Eyed Pea restaurant with alcohol beverage sales in the Phase 1, outparcel area. At the November 17, 1998 joint public hearing Council approved CU98-59 (Ord. 98-135) allowing alcoholic beverage sales throughout the premises for "special events"at Sega Gameworks. CU98-63 (Ord. 98-151)was approved at the December 15, 1998 joint public hearing which allowed fora 6-story, 121-room hotel (AmeriSuites) in the outparcel area. CU98-79 (Ord. 99-17)was approved at the February 2, 1999 joint public hearing which allowed a revision to the floor plan for Sega Gameworks. At the March 23, 1999 joint public hearing, Council approved CU99-12 (Ord. 99-16) which allowed for a revision to Anchor"G"specifically a reduction in square footage from 35,790 square feet to 26,500 square feet for Iguana Ameramex. Council approved at the April 20, 1999 joint public hearing CU99-17 (Ord. 99-61)for a restaurant in the mall proper(Jekyll and Hyde) with on-premise alcoholic beverage sales (beer, wine, and mixed drinks). CU99-27 (Ord. 99-83) was approved at the May 18, 1999 joint public hearing which allowed for the construction of a partial stone wall with trellis along the rear elevation for Cozymel's. At the July 20, 1999 joint public hearing, Council approved CU99-41 (Ord. 99-109) for a 7,189 square foot restaurant (Bennigan's)with on-premise consumption of alcoholic beverages (beer, wine, and mixed drinks) in the Phase 1, outparcel area. Council considered and approved at the November 16, 1999 joint public hearing CU99-60 (Ord. 99-163)fora mall expansion for Anchor"A," CU99-61 (Ord. 99-164)an amendment to the parking layout for Rooms-To-Go, and CU99-63 (Ord. 99-165)a restaurant with on-premise alcohol beverage O:\ZCU\0009-28.4 3 September 4,2009(11:43AM) sales (Trail Dust)in the outparcel area. CU99-71 (Ord.99-178)was approved by Council at the December 7, 1999 joint public hearing and allowed for the development of a 4-story, 105-room hotel (Hawthorn Suites), in the Phase 1 outparcel area of the Grapevine Mills Mall. Conditional Use Request C000-16 (Ord. 00-43)was approved at the April 18, 2000 joint public hearing which allowed for changes the exterior elevations of Anchor"A."Special Use Request S000-07 was approved at the June 20, 2000 joint public hearing allowing for 30 redemption/coin-operated games at the main (Texas) entrance of the Grapevine Mills Mall. Conditional Use Request C000-21 (Ord. 00-83)was approved August 15, 2000 and allowed for a 114-room four story hotel immediately north of the AmeriSuites Hotel. Conditional Use Requests C000-67 and C000-68 were approved at the December 19, 2000 meeting and allowed for the development of a restaurant with a drive-thru window (Steak-n-Shake) and a business services/reproduction facility (Kinko's) in the outparcel area of the Grapevine Mills Mall. Conditional Use Request CU01-38 was approved by Council on July 17, 2001 and allowed for a 32,786 square foot expansion to the mall proper at what was known as the "Texas' entrance, for a Neiman Marcus retail concept known as"Last Call." Conditional Use Request CU01-51 and Special Use Request SU01- 07 was approved by Council at their October 16, 2001 meeting which allowed for a restaurant (Chuck-E-Cheese) with video games in excess of eight machines in the outparcel area of the Grapevine Mills Mall. A subsequent minor revision to the site plan for Neiman Marcus relative to the location of a power generator and landscape island was approved by the Site Plan Review Committee at their September 26, 2001 meeting. Conditional Use Request CU02-17 was approved by Council at their May 21,2002 meeting and allowed for a 20-foot pole sign for Rainforest Café immediately south of Neiman Marcus "Last Call." Conditional Use Request CU02-16 was approved at the June 18, 2002 for and expansion of the mall proper to allow for the development of an indoor and outdoor skating park(ESPN Skate Zone). At that same meeting, Conditional Use Request CU02-21 was approved which allowed for an expansion of the alcohol consumption area to include the entire floor area within Sega Gameworks. Conditional Use Request CU02-43 was approved at the October 15, 2002 meeting and allowed for a restaurant(Blue Goose) which modified the floor plan associated with the former Black-Eyed-Pea restaurant. Conditional Use Request CU03-14 was approved by Council at the May 20, 2003 meeting which approved modifications for the site plan associated with the Springhill Suites hotel in the outparcel area. Council approved Conditional Use Request CU03-19 at the July 15, 2003 meeting which allowed the development of a tunnel-based aquarium with the possession, storage, retail sale,and on-premise consumption of alcoholic beverages(beer, wine, and mixed drinks) in conjunction with a restaurant in the outparcel area of the Grapevine Mills Mall. At the December 16, 2003 meeting Council approved Conditional Use Request CU03-43 and Special Use Request SU03-06 to allow the possession, storage, retail sale, and on-premise consumption of alcoholic beverages (beer, wine, and mixed beverages) in conjunction with a restaurant/dance club called Midnight Rodeo/Hondo's Grill and to allow the use of three pool tables. The concept was to be located in the spaces previously occupied by"Just for Feet" and comprised some 20,130 square feet; the request never moved beyond the initial planning stages. Council also approved Conditional Use Request CU03-47 at the December 16, 2003 meeting which allowed for a restaurant (Ritzy's) in the outparcel area of the Grapevine Mills mall. O:\ZCU\CU09-28.4 4 September 4,2009(11.43AM) Conditional Use Request CU05-01 was considered and approved at the January 26, 2005 ., Site Plan Review Committee meeting which allowed minor modifications to the exterior and interior. Conditional Use Request CU05-08 was considered and approved pproved at the March 15, 2005 meeting which allowed for on-premise alcohol beverage sales at the Chuck-E- Cheese restaurant in the outparcel area.At the same March 15,2005 meeting Council also approved Conditional Use Request CU05-09 to allow an approximate 8,000 square foot expansion (Children's World)near the"Tornado"entrance to the mall. At the July 25,2006 meeting of the Site Plan Review Committee, CU06-33 was approved to allow for the addition of 1,000 square feet of office space. At the November 7, 2006 meeting CU06-42 (Ord. 2006- 79) was approved for a car wash service, Pronto Wash, adjacent to Neiman Marcus Last Call. At the November 21, 2006 meeting CU06-52(Ord. 06-83)was approved for a 26,325 square foot retail structure located between Rooms To Go and Chuck E. Cheese in the outparcel area. At the October 21, 2008 meeting CU08-25(Ord. 08-57)was approved for a restaurant(Daan Sushi)with alcoholic beverage sales between Rooms To Go and Chuck E. Cheese in the outparcel area. The H/A Grapevine Joint Venture property to the north and northwest of Anderson-Gibson Road was rezoned in 1985 as a part of the "Terra Tract"to "R-MF-1", Multifamily District, "R-MF-2", Multifamily District, "HCO", Hotel/Corporate Office, "LI", Light Industrial, "CC", Community Commercial and "PID", Planned Industrial Development. The property never developed. The same property was recently rezoned (Z95-06); the actual zoning designations changed very little, but the deed restrictions and the letter of agreements changed a great deal. At the August 4, 1999 meeting CU99-28 (Ord. 99-112) was "amok approved for the Cross Creek Apartments. Council approved at the meeting on February 21, 2006 zoning change request(Z06-02)for the 39-unit Linkside at Grapevine town home development. At the November 18,2008 meeting CU08-31 (Ord.2008-65), PD08-04(Ord. 2008-66)and Z08-10(Ord. 2008-164)were approved for the Wagon Wheel Apartments on the site of the Cross Creek Ranch. Approximately 98 acres located to the east and the north (Billingsley tracts)were rezoned at the October 21, 1997 joint public hearing (Z97-15 and Z97-16, Ordinance 97-117 and 97-118 respectively)from "HCO" Hotel/Corporate Office District, "PID" Planned Industrial Development District, and "R-20" Single Family Residential to "CC" Community Commercial District and "BP" Business Park District (approximately 20 acres). SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "HCO" Hotel/Corporate Office, "R-MF-2," Multifamily - Cross Creek Apartments and Cross Creek Ranch SOUTH: "HCO" Hotel/Corporate Office - Hilton Hotel and Austin Ranch EAST: "CC"Community Commercial - Fellowship of Grapevine church (east side of S.H. 121 North) A O:\ZCU\CU09-28.4 5 September 4,2009(11:43AM) . ...►°.. r... .....r-a e•:r. -. .n-erg., WEST: "R-MF-2" Multifamily District — Proposed High-Rise Residential Condominium AIRPORT IMPACT: The subject tract is located within "Zone B" Middle Zone of Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" map. In Zone B, the following uses may be considered only if sound treatment is included in building design: multi family apartments, motels, office buildings, movie theaters, restaurants, personal and business services. Single family residential and sound sensitive uses such as schools and churches should avoid this zone. The applicant's proposal is an appropriate use in this noise zone. MASTER PLAN APPLICATION: The Master Plan designates the subject property as a Commercial land use. The applicant's proposal is in compliance with the Master Plan. /at O:\ZCU\CU09-28.4 6 September 4,2009(11:43AM) I 1. name QRpP mat � sO'�e i 16 ,,, R-MF-2 ®L �e l WAG HCO Irt 1. ..4 t fr ,►,�. F• '' S&STRIFES WA • �_�. i�= — w Y..,, YA b !n- ' ofSu/ • • GU i l�91') , P- 1P i Ggp s 2 llaa! t,: R-TH; , • z1,.! 4 a J ti i7 0 5. GRA4ti Q"try a' ' WE ■ o st 3 • Ina A 11 0 N 4 fM J O Y V 21 • V 0 -r J Q ' Tarrant Coun r a J o 1;(e , �' t o a �v R-Mf 2 i O o J J W a• Q. , Q um. o o J >t. n as ' s,,00 1N /n c� t}1K TM �, IR}I 113 1.t1! 0 ` Igi�}S. _ It' 1S65, N. ,tee ' C° ._._. ,ae HCO /, �N,`� n„ se1.e ....• (1111111111611 A V 7 SIS WAY, 4 BP fg' • ' ter/�`'�S1g 1 ° nN � N 0 CU09-28 Rainbow Plants 1 inch= 500 feet aeS CRAP VINE T E XA S CITY OF GRAPEVINE r CONDITIONAL USE APPLICATION Form "A" PART 1.APPLICANT INFORMATION Na applicant/agent/company/co ct EcLiTtliatf\ricA' ma 0 ile_ Street address of pplicant/agent: t/rpt j'IE �1 �� Lifi • City State/Zip Code of applicant/agent: -r-. taw\ ` K `1 L /9 0 Tele hone number of applicant/a At: Fax number of ap licant/ggen C1 -9V3S77 - 7&Y- y — Er sail address of applicant/agent Mobile phone number of applicant/agent (��;c c -L m A-L-oNt @aol .cow Yo `ale --- YD3 Applicant's interest in subject property: PART 2.PROPERTY INFORMATION , �� Street address of subject property . c n �� UI_(l& 1lNR\Ct1)1, fh 1)a WI b. ,`VA)Os 11 Lb N. 1 Legal description of subl�roperty(metes&bounds must be described on 1/2 x 11"sh t) Lot 1 Block ! Addition Size of subject property n Acres y 1 1-111b . l Jat) Square footage Present zoning classification: Proposed use of the property: 0�i-M 0 kcc-1 ek mU&k ill Minimum/maximum district size for conditional use request: Zoning ordinance provision requiring a conditional use: J j\C an Zhccv <tvk. 4 ohs c� �k ` � '01 tit k, Lt PART 3.PROPERTY OWNER INFORMATION Name of current pro owner: t Otk\fx, .i->\. )...04-).1_,A un t. MI UN Street address of property owner City/State/Zip Code of property owner: Telephone number of property owner: Fax number of property owner: ALIT; 2009 CU 09.".°? ..44bok ❑ Submit a letter describing the proposed conditional use and note the request on the site plan document ❑ In the same letter,describe or show on the site plan,and conditional requirements or conditions imposed upon the particular conditional use by applicable district regulations(example:buffer yards,distance between users) ❑ In the same letter,describe whether the proposed conditional use will,or will not cause substantial harm to the value,use,or enjoyment of other property in the neighborhood. Also,describe how the proposed conditional use will add to the value,use or enjoyment of other property in the neighborhood. ❑ Application of site plan approval(Section 47,see attached Form B'). ❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. ❑ All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. ❑ All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. ❑ I have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that all requirements of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE CONDITIONAL USE REQUEST AND PLACE A CONDITIONAL USE REQUEST SIGN ON THE SUBJECT PROPERTY Deim(1- t. toovioMi 0-1 Print Applicant's Name: App Kant s Signature: �1 A The State of �_1A_y� County Of I Ut 11'`� / A�1 Before Me KIP 1 t i A - f�� on this day personally appeared �� t+I,L. ,• V 1 I OA (notary) (applicant) known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and ____ acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this JY day ofY`St ,A.D. . ASHLEY M SWIRSKY \ A['L . Notary Public otary And For State• -x.s INV STATE OF TEXAS My Co ' .Exp.July 31,201 Print Pro• V • r 14,me: ?f PT°•AIPrt•wr.1.7 r c�n Qo The State Of _f Wit `�XJC County Of rrr�Q�' '�/ bra R:13 '�/ Before Me 1414f'[l'Q PIA , •iCh on this day personally appeared Wea Any' (notary) (property owner) known to me(or proved to me on the oath of card or other document)to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. (Seal)Given under my hand and seal of office this O�3 Yd day of July(/(y ,A.D.aOd 9 1 s.vt ANGEUA REID PILCHER t; �� Notary Public.State of Texas atrireixt,cdelyeizeito�. '. My Commission Expires Notary In An For State Of T N.r October 23,2011 !,`a ` 2009 at ACKNOWLEDGEMENT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing at the discretion of the staff. Based on the size of the agenda, your application may be scheduled to a later date. All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings will not be tabled. Any changes to a site plan (no matter how minor or major) approved with a conditional use or a special use permit can only be approved by city council through the public hearing process. Any application for a change in zoning or for an amendment to the zoning ordinance shall have, from the date of submittal, a period of four months to request and be scheduled on an agenda before the Planning and Zoning Commission and City Council. If after said period of four months an application has not been scheduled before the Commission and Council said application shall be considered withdrawn, with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter for reconsideration. De lays in scheduling applications before the Planning and Zoning Commission and City Council created by city staff shall not be considered a part of the four month period. I have read and understand all of the requirements as set forth by the application for conditional use or special use permit and acknowledge that all requirements of this application have been met at the time of submittal. Signature of Applicant(;_� .,..---c c,&Ai Date: A, -3-oi x .,- L)J Date: `may -2,1)0 1 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, 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. 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 CU09-28 to amend the previously approved site plan approved by Ordinance No. 2006-79 for a planned commercial center in excess of 1,000,000 square feet of gross leaseable space, specifically to allow an outdoor farmers market/nursery (Rainbow Plants) in a district zoned "CC" Community Commercial District Regulations within the following described property: Lot 1 R2, Block 1, Grapevine Mills Addition, Phase 1 (3000 Grapevine Mills Parkway#700) 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: None. Section 2. That 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. Section 5. That 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 ORD. NO. 3 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 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 the fact that the present ordinances 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 is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of September 15, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 \ i 4,r/� // 7; 6 ' , / / /t \ cTS°a / C / ! JV" Ll1 b ye ;' \ \� / / .6.ii - " f tJ,7,„,n*,,"'" c, /// \j' / ; \ % • tP�// ,, \ \ N \ / y' ?cr H ( � r,_-2-1- t \ f f' \ vre v r� f f ' � ' 1', v C � / !' 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