HomeMy WebLinkAboutItem 01 - CU03-10 Westgate PlazaP!z
TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE
PLANNING AND ZONING COMMISSION
FROM: ROGER NELSON, CITY MANAGER /C
H.T. HARDY, DIRECTOR OF DEVELOPMENT SERVICES tr j Lfi1A
MEETING DATE: MAY 20, 2003
SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF
CONDITIONAL USE APPLICATION CU03-10
I I I I
----
--------------I ry,
Grapevine 5?,
DoAPPLICANT: David Cunningham
I f
i i Lake I
I I
I � I
� I
" 1 I.H.1635
Northwest
PROPERTY LOCATION AND SIZE:
1d
The subject property is addressed as 2300 West
DFW
State Highway 114 and is proposed to be platted as
HaII-Johnson s?,iso Ap° t a ; Lots 1-4, Block 1, Westgate Plaza. The property
--,IL o contains approximately 15.19 acres and has
L _i
Glade Rd. —m —I approximately 627 feet of frontage along State
Highway 114.
REQUESTED CONDITIONAL USE AND COMMENTS:
The applicant is requesting a conditional use permit to establish a planned commercial
center for a future mixed-use retail/office development.
At this time, the applicant has no specific users for any lots within the subject site. It is the
applicant's intent to seek Council's approval for the planned commercial center before a
substantial investment in infrastructure improvements is made preparing the site for
development. Approval of this request will allow the applicant to construct an access
easement/drive which is necessary to provide access to interior lots within the site and to
provide required frontage for setback/landscaping purposes.
At the April 15, 2003 meeting the applicant requested the case be tabled in order to meet
with surrounding property owners to address their concerns relative to minimizing the
impact this proposed development will have on their property. During this time the
0AZCU1CU03-10.42 1 05/12/0312:32 PM
applicant has meet with the representatives of the Austin Oaks subdivision and also with
property owners along Pritchard Drive in the Oakwood Meadows subdivision. In principle,
the applicant has agreed to the following basic concessions:
• provide an eight foot masonry screening wall constructed of double -sided, split -face
concrete block with a limestone white color along the entire boundary of residentially
zoned property;
• construct the screening wall five feet within the subject property and create a "wall
maintenance easement" to provide access for construction and maintenance of the wall
with the surrounding property owners fences extended to the wall within the five foot
easement;
• create landscape buffers from 20 to 90 feet along the boundary with the residentially
zoned property and within "Zone A" as shown on the site plan provide trees 30 -feet on
center;
• dedicate an additional ten feet of right-of-way at the eastern end of Bonham Trail for
landscaping to be provided by the Austin Oaks subdivision;
• limit all structures within the subject site to one story;
• limit uses within the area represented by Lots 8 -12 on the site plan to those uses
allowed with the "CN" Neighborhood Commercial District with restaurants and drive-thru
restaurants excluded;
• drive-thru restaurants will have no outside dining or outside speakers and drive -up
windows will be placed away from residential uses;
light poles in "Zone C" as shown on the site plan will be limited to 10 -feet in height;
• all signs will be turned off at closing;
• maintain a minimum 120 -feet separation between dumpsters and any single-family
zoned property.
Lastly, 30.26 percent of the owners of real property within the 200 -foot notification zone
protested the conditional use application thus requiring a positive vote of six members of
the Council to approve the request. Due to the above concessions the applicant has
agreed to make to minimize the impact of this proposed development on their property, the
majority of those who had previously protested the request have rescinded and are now
in favor of the request. The current percentage of those protesting the request within the
notification zone is 9.93 percent thereby nullifying the supermajority vote for approval.
PRESENT ZONING AND USE:
The property is currently zoned "CC" Community Commercial District and is vacant.
HISTORY OF TRACT AND SURROUNDING AREA:
The subject property was zoned "R-2" Two Family Residential prior to the 1984 City
Rezoning. During the City Rezoning the subject site was rezoned to "R-3.5" Two Family
District. At a January 16, 1990 meeting, Council approved a rezoning (Z89-17) of the
O:1ZWCU03-10.42 2 05/12/0312:32 PM
subject site to "CC" Community Commercial District and the property has remained vacant.
The Grapevine Plaza Shopping Center to the east was rezoned from "C-2" Community
Business District to "CN" Neighborhood Commercial District during the 1984 City Rezoning.
It was later rezoned (Z85-10) to "SP" Site Plan District to allow the development of a
shopping center with a grocery store with off -premise alcohol beverage sales.
SURROUNDING ZONING AND EXISTING LAND USE:
NORTH:
SOUTH:
EAST:
WEST:
AIRPORT IMPACT:
"R-7.5" Single Family District and "R -MF -2" Multifamily District — Austin
Oaks single family development and Woodlake Apartments
State Highway 114, City of Southlake
"R-5.0" Zero -Lot -Line District and "CN" Neighborhood Commercial
District — Oakwood Meadows and Grapevine Plaza Shopping Center
City of Southlake
The subject tract is located within "Zone A" Zone of Minimal Effect as defined on the
"Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few
activities will be affected by aircraft sounds in "Zone A" except for sound sensitive activities
such as auditoriums, churches, schools, hospitals, and theaters. The applicant's proposal
is an appropriate use in this noise zone.
The Master Plan designates the subject property as a Commercial land use. The
applicant's request is in compliance with the Master Plan.
/rs
0AZCU\CU03-10.42 3 05/12/0312:32 PM
■rte
MAR 0 4 20x3
GRAPtVNI�-
CONDITIONAL
Form "K
d ql w D
1-1
Street address of applicant / agent:
2-Qz 1 N1) i
guy/State /Tp Code of apphrart /agent:
Vt )IJ CPt��'�
elephone n of appricant / agent: Fax txerrber ofapplicant /agent
PART 2. PROPERTY INFORMATION
Street address of sub/ecx property Es. s s f.,�.z, pjv%"f� s �-S �ra,,,I�•j
,.lrv%A,t„ h"A+Rt it ;; na describW on a Vx it
S + 5 Acres — t!�? DoO Square Wage
Prsaent zoNng«asslficaGon: Proposed use the property'
Alrrnxn /market size for cor►drtiorra! use request
ordwnanoe provision requiring a co mormt use:
PART 3. PROPERTY OWNER INFORMATION
!Name of current properly owner
Street address of property owner
Cagy /stare /Zip Code of property owner
7ekptarte numb" of property owner. Fax number of property owner
14 Submit a letter desr rgft the proposed condtiorw use and note the request on the site pian document
'fes in the same tetter, describe or show on the acre plan, and ow (tonal requirements or concibons knposed upon the ParrUcular conc0onat use by
apptfcable dfstrid regt"Oms (example: buferyards, distance bei*een users)
ld to the rima tetter, describe whether the proposed cwx tionai use wr71, or wW not cause subsWW harm to the value, use, or e*yment of other
property in the neighborhood Also, describe how the proposed cor4tonal use wftt add to the value, use or erooyrnent of other property in the
rneighbortnood. ,
Appticatiorr of sloe plan approval (Section 47, we attached Form 187.
The a e e2 WbrWssion ahap meet the of Section 47, Site Plan R
2
11
101;V
QFrF'lvrn
I.WJ2)Anwlb=.0) a
The State Of
Com5' Of
Bet�xe AAe � Lit d_L1_L1 �" C� this day perzumaay appeared
(notary)
known to me (or proved to me on the oath of card or other documert j to be the
so m *mVed to me that he ex"Ve same for the and oonsideratior►
U11� .-�
t� Nen rimy r y °f
.A�.fi �yatiS N O19� �G-+
Notary to Ar
Print Property Owner ,,;;•. prope'rh'
whose name Is subscribed to the knVoirp k strument and
expressed - —
Before Me on this daypersortWappeared
(notary) on
owner)
io me (or proved to me on the oath of card or other doc urrrerrO to be the person whose name is subsaZed to the foregoing fishow t and
b me that he executed the same ibr the purposes and consideration therein expressed.
(Seal} Ghm under my hand and seat of orrice this day of AD.
Notary in And For State Of Texas
MAR 03 2003 2:57PM MYCORPORATESTORE L.L.C. 9723808066 P.2
SENT VIA FACIMILE - 817.424.2755
Re: 15.1 -Acre Land Site (Branan Tract)
Gentlemen:
March 2, 2003
This purpose of this letter is to authorize Mr. David Cunningham to file
for a preliminary platting for City and Zoning changes on the
referenced site. The plat will be submitted for the City's consideration
to approve the site as a Planned Commercial Center.
Please contact Charles Branan at 972.380.0500 if you have any
questions or require additional information. Thank you for your
continued assistance in working on our collective efforts to achieve a
first class quality development on the site.
Sincerely,
Charles Branan
Trustee
RECEwE
MAR 0 4 ?C
PLANNING
ACKNOWLEDGEMENT 'RECE{VEC)
MAR 9 4 2903
pl.ANNiNG
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 discraetion 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 lime thereafter for reconsideration.
Delays 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.
have read and understand all
conditional use or special use
application have been met at the i
Signature of Applicant
Date: Z (3 103
of the requirements as set forth by the application for
permit and acknowledge that all requirements of this
fie ofsubmittal.
Signature of Owner
Date: -;!) h%, D';j
F
May 10, 2003
Planning Secretary
City of Grapevine
200 S. Main Street
PO Box 95104
Grapevine, Texas 76099
RE: File #CU03-10 WestGate Plaza
Gentlemen:
We, the undersigned properly owners of single-family homes in the Pritchard Street
neighborhood a portion of which abuts the WestGate Plaza. Development, hereby express our
approval of the Development plan that Mr. Cunningham, representing the Master Developer, has
put forth. Mr. Cunningham has met with us as a group and individually and reviewed the plan of
development.
Specifically, we understand that the Master Developer will maintain a minimum buffer of
20' from our property and will maintain existing vegetation in that buffer. We understand that as
each lot is developed the individual lot developer will be required to put forward a detailed plan
of each lot which will further define the lot's development and that more landscaping in the
buffer may be required. We understand that the Master Developer will build an 8' Split Face
Block wall in Limestone color along the abutting property line of the Pritchard neighborhood.
We understand that the use of the approximately 5 -acres of land that abuts the single family
neighborhoods has been designated as "CN" Neighborhood Commercial District and that large
set down restaurants serving alcoholic beverages will not be allowed in this zone of the
development. We understand that buildings developed in this zone may not exceed one (1) story
in height and/or 30'. We understand that the outdoor lighting for the parking lots and drives in
Zone "C", a zone that is 100' within our homes will have lighting that is directed downward and
that the height of light poles in this restricted zone may not exceed 10' in height. Further it is our
desire that the city waive and reconsider it plan to have an emergency access easement which
connects the Pritchard neighborhood and WestGate Plaza. Mr. Cunningham has informed us that
city staff has indicated that the City will in fact not require this easement and that Mr.
Cunningham will be allowed to build the 8' screening wall with out gates.
Because of the restrictions that Mr. Cunningham has voluntarily agreed to and because of
the significant screening wall, which will be built as a part of the initial development, we support
"5 the Master Plan and planned uses for WestGate Plaza.
Sincerely,
;7�j 4/,/., %�l:� Cid U
Name
afore
e
Si e
Nam
Signature
W/J 1FO-A, - '
Addess
Telephone Number
A�/7c�
Address
�// 2 — Z-�—/ —'�t
Telephone Number
ar
Addiess
I -� 4i;- c� 17
Telephone Number
Name Address
Signature Telephone Number
Name Address
Signature Telephone Number
Ma!d:�:vE. ::�®•4:06p DEVELOPMENT SERVICES 8174103018
File #: CU03-10
WESTGATE PLAZA
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN .5 PM ON MONDAY, APRIL 14, 2003
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve) (protest) and/or (have the following comments)
M-11
Prin I
,Zme and s or t, Block and Subdivision:
V 4—c'
Signature:
1(0-A
Telepho'ntr:-{�17) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
To my neighbors and friends, I just wanted to take a chance to say...... WE
WIN t!!
I wanted to tell you about a few of the accomplishments that we have been
able to secure- regarding The Westgate Plaza Development. Granted, there
are many more items not listed but I just wanted everyone to see some of the
highlights.
1. We will get a 8' Masonry Wall along the entire development. It is known
as a split faced block. The structure of the wall is solid concrete. This is
really a first class structure.
2. All of the neighbor's that are directly effected by the new development
will be gaining an additional 5' foot of property along their backyards. The
existing fences will be torn down, and the dividing fence between the
neighbors will be extended to meet the new wall.
3. Every one will enjoy the new Live Oak trees that will be planted along the
property behind the houses in our neighborhood.
4. The land on the corner of Alamo and Bonham, the "wall" will be pushed
back an additional 20' and be landscape and maintained by AOHA.
Originally the plan called for the wall to be 6' off the curb.
4. The landscape boundary lines originally called for a 20' buffer between
the house and the development. Now the buffer will range from 30' to
almost 100'.
5. There will be no external speaker at the drive through restaurant!
There will only be 2 drive through restaurants anywhere close to us.
6. The building closest to the neighborhood will be professional offices only.
(I.e.) Insurance,doctors, etc.
We, as a board, have addressed every major concern we can think of.
I personally, am proud of what we have accomplished. Between meeting
with City of Grapevine, and the Austin Oaks Sub Committee -there as been
a lot of hard work and planning to get all this done. There will a complete
list of all the provisions attached to our website next week so you all can
read it. If you have any question, or wish for me to clarify anything for you -
please feel free to call.
Thank You,
Ma!dj� �4:06P DEVELOPMENT SERVICES 8174103018
A
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY, APRIL 14, 200
Procedure to Respond:
3,rty Owner within 200 feet of the subject tract) or (an interested Citizen), I
r(approve (protest) and/or (have the foitowing comments)
UE
Print Name and Address, or Lot, Block and Subdivision:
I
Signature:
{Phone No.}
Telephone: (817) 410-3165 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Maw 4:06p DEVELOPMENT SERVICES 8174103018
File #: CU03-10
WESTGATEE PLAZA,
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDA Y APRIL 14, 2003
Procedure to Respond;
opert}r Owner within 200 feet of the subject tract) or (an interested citizen), i
(ap (protest) and/or (have the foffowing comments)
Print Name and Address, or Lot, Block and Subdivision:
` t C
V�.,tk r Y
Signature: ( �+! f\- {Phone No,}
Telephone: (817) 410.3185 Fax: (817) 410-3018
Direct questions and mai{ responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Bax 95104
Grapevine, Texas 76099
Mayo �4:06p DEVELOPMENT SERVICES 8174103018 P.2
A
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 15 PM ON MONDAY, APRIL 14, 2003
Procedure to Respond:
As (aJProperty Owner within 200 feet of the subject tract) or (an interested citizen), I
approve
)protest) and/or (have the, following comments)
Print Name and Add
"-- '/ ' / A�
Signature:
—L
, or Lot, Block and Subdivision:
f
(Phone NO-) e/ -7'5,-f '4*2(6 ('
Telephone: (817) 4110-3155 Fax.- (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Ma 4:06p DEVELOPMENT SERVICES 6174103018
File #. CU03-14
WESTGATE PLAZA
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN 5 PM ON MONDAY',, APRIL 94 2003
Procedure to Respond:
As o Owner within 200 feet of the sut�ect tract} or (an interested citizen), t
approve} protest} and/or (have the following comments)
Print Name and Address, or Lot, Block and Subdivision:
Signature:
(817) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
p.2
me�j� �J4;06p DEVELOPMENT SERVICES 8174103018
aguszw=
WRITTEN COMMENTS MUST BE RECEIVED BYTHIS OFFICE NO LATER
THAN.5 PM ON MONDAY, APRIL 14, 2003
Procedure to Respond:
Owner within 200 feet of the subject tract) or (an interested citizen), I
rpproveo�p%test) and/or (have the following comments)
Print Name and Address, or Lot, Block and Subdivision:
Signature:
(Phone No. kl7!Ll&
Telephone: (817) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
P.2
Matt �4:06p DEVELOPMENT SERVICES 8174103018
File #: CU03-10
WESTGATE PLAZA
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO.LATER
THAN 5 PM ON MONDAY APR114 2003
Procedure to Respond:
As Property Owner within 200 feet of the subject tract) or (an interested citizen), l
approve (protest) and/or (have the following comments)
Le
',:214
Signature:
and Address, or tot, Block and Subdivision:
.i .1 i
N
(Phone No. �f �` J kC7 /g
Telephone: (817) 414-3165 Fax: (817) 410.3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
Matj@��4:06p DEVELOPMENT SERVICES 8174103018 p.2
V101 f-CUT4 9 4 ;J
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN.5 PM ON MONDAY, APRIL 14, 2003
Procedure to Respond:
As
approve a Propertyed citizen), I
:
Owner within 200 feet of the subject tract) or (an interest
stest) and/or (have the following comments)
Print Name and Address, or Lot. Block and Subdivision*
A 0 qwe � 7
<'A
Signature: (Phone No.
Teteph (817) 410-3155 Fax: (817) 4103018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
MatAgd04:06p DEVELOPMENT SERVICES 8174103018
Fife #: CU03-10
WESTGATE PLAZA
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN.5 PM ON MONDAY APRIL 14 2003
Procedure to Respond:
As roperty Owner within 200 feet of the subject tract) or (an interested citizen), I
(approve protest) and/or (have the following comments)
Print Name and Address, or Lot, Block and Subdivision:
P.2
Sig nature.�� ' (Phone No. }tel % — 4 Z 4 - %t n�j
Telephone: (817) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
May) 4:06p DEVELOPMENT SERVICES 8174103018
A a
WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER
THAN.5 PM ON MONDAY. APRIL 14, 200
Procedure to Respond:
As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I
(protest) and/or (have the following comments)
Print Name and Address, or Lot, Block and Subdivision:
Signature:
2E
(Phone No.) 0/7-4/6 -F130
Telephone: (817) 410-3155 Fax: (817) 410-3018
Direct questions and mail responses to:
Planning Secretary
Department of Development Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
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 GRANTING
CONDITIONAL USE PERMIT CU03-10 TO
ESTABLISH A PLANNED COMMERCIAL CENTER IN
A DISTRICT ZONED "CC" COMMUNITY
COMMERCIAL DISTRICT REGULATIONS 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; DECLARING AN
EMERGENCY 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
,n 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
ORD. NO. 2
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 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 CU03-1 0 to establish a planned commercial center in
a district zoned "CC" Community Commercial District Regulations within the following
described property: Lots 1-4, Block 1, Westgate Plaza (2300 West State Highway 114) 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. 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. 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.
ORD. NO. 3
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. 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 20th day of May, 2003.
ATTEST:
ORD. NO. 4
wNati?
�_�23No
WE_�o�g
WN QNi-Wjq ..
Z
kti
I
zj
y
i W.Vd Vd
1
w
i
i.-
b
of
asdzra
w os
O
w4
—tu
= '^v
Y,
i' 35. OBSF
2 > I
a W
. 700HJ5 ® a
Alb Via -
I
h• � I
1
¢
ti
�Ez �
I
z
9
t»
g
a
3 37 tlOd e
O
_
�
Qa oN I
I N
U_q0002
C4, .'I 7/ng
.W
epji
>
-' �
j
LU
i
13'os ooJr
y
'
d3tN3J 13d
i
S,A3NLt1b0J
U
a
i
SexaI6!Hf ' `. oN
wNati?
�_�23No
WE_�o�g
WN QNi-Wjq ..
Z
kti
I
zj
y
i W.Vd Vd
1
w
i
i.-
b
of
asdzra
w os
O
w4
—tu
= '^v
Y,
i' 35. OBSF
2 > I
a W
. 700HJ5 ® a
Alb Via -
I
h• � I
1
ti
�Ez �
o�+oi
i v
Js'oo0r c
y
4
3 37 tlOd e
�
Qa oN I
I N
U_q0002
C4, .'I 7/ng
-' �
i
13'os ooJr
y
'
d3tN3J 13d
i
S,A3NLt1b0J
U
a
A3N1dnOJ
NNS
I
�
3o I
c4t
i w
c u �'li•
WWQQ:
O
I
-
N 2 2
�
<QV
I a W
G
�
QpO
a'
W
I:
9
N
Z
kti
I
zj
y
1
-
w
Q.
2 <
O
—tu
1
Y,
W
am
I
h• � I
1
ti
�Ez �
v r
a
-
L N'}
Q.
2 <
—tu
1
�
W
am
I
h• � I
1
ti
PIA
A.0
HI
7
Atp�r .7
MASWRY
PORM"WALL
&OCK 6
AS a
19'02'"E '"
EAOO ON,��
WA
40T
0"8 A
0
P0.115 ett. Rad, I 1t0.4
VAIM&D
LTow-FibeAm 1 or=",&
i R.M.W.- sze
SLOW .6
140
'40 _ .
. I
NO
alot. 7a9b
"-.V3lQ &PxeAk)_.
TAIL VOL ft. . A.
I I I . jq'ft'
W_Awpd.
bUr, AO
ep --- D-RteF.
it
rArt=A $44
. ......... ....
DATE:
COMSSM
_'O
ARAY OOLOA
S P W FAC t U M 0 T K W) j tg) VA'm
ir
WHITS QQLQR 646", CF
All�
, =.F$ W.OT OWPJZK ANZO"
_MOATARJOINT,4
CEPAPITMEW OF DEVELOPM
VICE
to* E
VP4CAL SECTI I ONf4'-.'SCRIE
EMNO WALL MAY 12 20(
7. LOT J
PLANKIR
,. propogoq de. tO6& NOW,
Proleaowwarsa.Ay
------- • LOT
lop,
My
n
Gro
6
Cwmdw and On,
M. Sea 11 ag W. - A. 9 f- meletins wan win 11¢ - by D
hW*4 0. Mtem -Tp. m
with ft d-loo4ze of linvnmaj xosd�y (Pobfic A� Reatoon, 06 Pt o5r 1
w4wodro wtoi *A imomewdo:44m •U. �Aell b...%U�d of ftbl.." VhtlhW -�dl III.& Idth � Inet� .I.. •
tWor. A coni f -M OW� flotft WSIL be
Wwhwtel Ud W"P WICS 900 STIOW fW.AWed
dm -p. 3--ift -41, -tnxti� pbm rat b. mlp�,A by th. Cay af QMft. F.- W 412. taefltaOCal�and e�,tdiWW 4017k111F
MOA allot low'" O*m4h .f.0 end kw OwWolOw ewcoubefi_
wwwl 8110 P*..Pqq u -A
Wuh 'LiteTb. !==�v O'a wigk ft iQn g. Z.. . As
in.
wo im. 4APA 'a m& -Val Sel 1k pvidW be.- the .0 �d -Welit Vp" L-------_-_
VWRY DeidUpd I fi. w aub. ft C-id-wid 25.
mw q Ono ". I W-tInl- -
ILC WW W.4. Oft 4Wft ONnPOoO
OA's,
10. c"Ity"
1!..9. tat 8tt9 80.DDO.min.me 1. ffi. S�eft Wwk X Ret..rean wAth Divo Thouth W -d.- - P.- *-&W rwam.sae 121 seat o8-
0. In. dJ.".r-k-e. Mivvind.- win
22. L.Od_v.Rff.- ft4 O.M.. di.M -H b.
MW =1.1ed 1= . , LOT I
e. 27, Otd.,
a. SnpedOYS MSteaW-8010 atiltW, d Z_ ke.w fienesidanw-
It. At" CM.,Vpl- P" ughdo, Wt W &4WO % pm -;k light kvch �WtAlc by tht
b, woopu wth.-A tjp.v*jv_=k
gbt..USedip.
telidin e,= W -.d.W .-d
C. G-d"k�) � b, -4 -it V Cl -d-& SiPP- 5hAl
M.O.P. 6. . P -d aft (G=
d. WON Lino - 1and 71- m m 19. Sig... All ':7�i� f -Dy h
e. Rber�t111t
aaW from
muorltoAe
30�' Dww� Tv
In ggWOW",*jh ft �ppmed Cpnftpl PJW1. ft W&I. ldffi 01W6ASA-X 06�- U-4.pi" Will ik,& T..M. _y A.11 be p&*Md
tceP 33.
PW _.0 W'.
axririmom Wften-y4nsl.(.milyway AM and dch- W.11 b- Bftd m 9100 ash
mpho4p. j#d jeftod . 0- dd..
17. jjq. P'jjS"tlnn Pemlis shol L)' in "C'O'dopco Wft eW1QA U.E of
Cie Zo'd'kg 23. Pbli. Ri A A d 10 fee WZ be provided a ft 31. E�gsc lisps and
Khcbm Vmb - TW5 �d vents Ufl b. 1-.d -y fi.. -Z.W.1 34.
AC A lithenol U� - r- -# d �b. - sceeeh% U.R. da !,.� -P..d k.-
�Ple_m at. Wing _u will b, mu--4Wj. i_ when_ -f -.a G-cl 1¢,d ueft A.11 be W.WA 4-Y 6-- Ill
k Ink lj...f ft WeIll-W "j, &-livei. nd dining ft surramded f.. a. ..g,- hdF �mut
Is. Rwor I ='m� 32 lbk T.C�� nmidm, ---d
In, wenhooplOVIO i flomont.. oW'*..P_WRO "I Plot. of' W AM W 6M FM. S-d*y -k -ff. IUD b. p.%&ha
V�,,OMOod Win, gots W�on�llpn *on 4W 4oaatvo 2,L
C0400);l,t P14P / 840 Plan
WE4 STOATZ PLAZA
636
TARR"T =UNTY. TEXAS.
4.0 LOTS I&W ACRES
fly
FATE Dowas
8460 RRqQKPtlV9A PRIV9, SUITE 6-700. QAlol TEXAS 67
, TV
'MLS VAX SW -249
J" WL ""007,40 itwtGT 1 or a
PA-Tfa MAY S. 2003
IZOINE "A"
6%�MASONH#.'1g.
ZONE'"AO
EAOO ON,��
WA
40T
0"8 A
0
P0.115 ett. Rad, I 1t0.4
VAIM&D
LTow-FibeAm 1 or=",&
i R.M.W.- sze
SLOW .6
140
'40 _ .
. I
NO
alot. 7a9b
"-.V3lQ &PxeAk)_.
TAIL VOL ft. . A.
I I I . jq'ft'
W_Awpd.
bUr, AO
ep --- D-RteF.
it
rArt=A $44
. ......... ....
DATE:
COMSSM
_'O
ARAY OOLOA
S P W FAC t U M 0 T K W) j tg) VA'm
ir
WHITS QQLQR 646", CF
All�
, =.F$ W.OT OWPJZK ANZO"
_MOATARJOINT,4
CEPAPITMEW OF DEVELOPM
VICE
to* E
VP4CAL SECTI I ONf4'-.'SCRIE
EMNO WALL MAY 12 20(
7. LOT J
PLANKIR
,. propogoq de. tO6& NOW,
Proleaowwarsa.Ay
------- • LOT
lop,
My
n
Gro
6
Cwmdw and On,
M. Sea 11 ag W. - A. 9 f- meletins wan win 11¢ - by D
hW*4 0. Mtem -Tp. m
with ft d-loo4ze of linvnmaj xosd�y (Pobfic A� Reatoon, 06 Pt o5r 1
w4wodro wtoi *A imomewdo:44m •U. �Aell b...%U�d of ftbl.." VhtlhW -�dl III.& Idth � Inet� .I.. •
tWor. A coni f -M OW� flotft WSIL be
Wwhwtel Ud W"P WICS 900 STIOW fW.AWed
dm -p. 3--ift -41, -tnxti� pbm rat b. mlp�,A by th. Cay af QMft. F.- W 412. taefltaOCal�and e�,tdiWW 4017k111F
MOA allot low'" O*m4h .f.0 end kw OwWolOw ewcoubefi_
wwwl 8110 P*..Pqq u -A
Wuh 'LiteTb. !==�v O'a wigk ft iQn g. Z.. . As
in.
wo im. 4APA 'a m& -Val Sel 1k pvidW be.- the .0 �d -Welit Vp" L-------_-_
VWRY DeidUpd I fi. w aub. ft C-id-wid 25.
mw q Ono ". I W-tInl- -
ILC WW W.4. Oft 4Wft ONnPOoO
OA's,
10. c"Ity"
1!..9. tat 8tt9 80.DDO.min.me 1. ffi. S�eft Wwk X Ret..rean wAth Divo Thouth W -d.- - P.- *-&W rwam.sae 121 seat o8-
0. In. dJ.".r-k-e. Mivvind.- win
22. L.Od_v.Rff.- ft4 O.M.. di.M -H b.
MW =1.1ed 1= . , LOT I
e. 27, Otd.,
a. SnpedOYS MSteaW-8010 atiltW, d Z_ ke.w fienesidanw-
It. At" CM.,Vpl- P" ughdo, Wt W &4WO % pm -;k light kvch �WtAlc by tht
b, woopu wth.-A tjp.v*jv_=k
gbt..USedip.
telidin e,= W -.d.W .-d
C. G-d"k�) � b, -4 -it V Cl -d-& SiPP- 5hAl
M.O.P. 6. . P -d aft (G=
d. WON Lino - 1and 71- m m 19. Sig... All ':7�i� f -Dy h
e. Rber�t111t
aaW from
muorltoAe
30�' Dww� Tv
In ggWOW",*jh ft �ppmed Cpnftpl PJW1. ft W&I. ldffi 01W6ASA-X 06�- U-4.pi" Will ik,& T..M. _y A.11 be p&*Md
tceP 33.
PW _.0 W'.
axririmom Wften-y4nsl.(.milyway AM and dch- W.11 b- Bftd m 9100 ash
mpho4p. j#d jeftod . 0- dd..
17. jjq. P'jjS"tlnn Pemlis shol L)' in "C'O'dopco Wft eW1QA U.E of
Cie Zo'd'kg 23. Pbli. Ri A A d 10 fee WZ be provided a ft 31. E�gsc lisps and
Khcbm Vmb - TW5 �d vents Ufl b. 1-.d -y fi.. -Z.W.1 34.
AC A lithenol U� - r- -# d �b. - sceeeh% U.R. da !,.� -P..d k.-
�Ple_m at. Wing _u will b, mu--4Wj. i_ when_ -f -.a G-cl 1¢,d ueft A.11 be W.WA 4-Y 6-- Ill
k Ink lj...f ft WeIll-W "j, &-livei. nd dining ft surramded f.. a. ..g,- hdF �mut
Is. Rwor I ='m� 32 lbk T.C�� nmidm, ---d
In, wenhooplOVIO i flomont.. oW'*..P_WRO "I Plot. of' W AM W 6M FM. S-d*y -k -ff. IUD b. p.%&ha
V�,,OMOod Win, gots W�on�llpn *on 4W 4oaatvo 2,L
C0400);l,t P14P / 840 Plan
WE4 STOATZ PLAZA
636
TARR"T =UNTY. TEXAS.
4.0 LOTS I&W ACRES
fly
FATE Dowas
8460 RRqQKPtlV9A PRIV9, SUITE 6-700. QAlol TEXAS 67
, TV
'MLS VAX SW -249
J" WL ""007,40 itwtGT 1 or a
PA-Tfa MAY S. 2003