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HomeMy WebLinkAboutItem 04 - Z12-03, CU12-15, PD12-02 Braum's ek ��..... ... # TO: HONORABLE MAYOR, CITY COUNCIL MEMBERS AND THE PLANNING AND ZONING COMMISSION FROM: BRUNO RUMBELOW, CITY MANAGERD SCOTT WILLIAMS, DEVELOPMENT SERVICES DIRECTOR MEETING DATE: MAY 15, 2012 SUBJECT: DEVELOPMENT SERVICES TECHNICAL REPORT OF ZONE CHANGE APPLICATION Z12-03 CONDITIONAL USE APPLICATION CU12-15 AND PLANNED DEVELOPMENT OVERLAY PD12-02 BRAUM'S r i r---I I i I I I `�- Grapevine 5 APPLICANT,: Gordon Pulis I D�V a pa, I i I r-z i.H.1635 North PROPERTY LOCATION AND SIZE: —1 E ag. The subject property is located at 301 East Northwest Highway and is proposed to be platted as Hall-Johnson sy Airport m Lot 1, Block 1, Braum's Addition. The property �-� _ contains approximately 54,500 square feet (1.25 -- -� acres) and has 150 feet of frontage along East FGlade Rd. w _� Northwest Highway and 315 feet of frontage along c North Starnes Street. REQUESTED ZONE CHANGE, CONDITIONAL USE REQUEST, PLANNED DEVELOPMENT OVERLAY AND COMMENTS: The applicant is requesting a zone change to rezone 14,000 square feet(.321 acres)from "PO" Professional Office District to "HC" Highway Commercial District. The applicant is also re-questing a conditional use permit to allow for a restaurant with drive-through service and a planned development overlay to include but not be limited to deviation from the landscaped setback requirement. The applicant intends to develop a 5,756 square foot Braum's restaurantlretail store on the subject lot with drive-through service on the west side of the structure (two windows) and two order lanes at the north of the structure. One, 10 feet in height, 100 square feet in size monument sign is proposed near the southwest corner of the site. The indoor dining portion of the restaurant will provide seating for 80 patrons; approximately 3,000 square 0:1ZCU712-03.4,CU12-15.4,PD12-02.4 1 May 10,2012(9:20AM) feet of the structure will be devoted to retail sales of various items (milk, eggs, bread, etc.) common to the Braum's concept. The applicant has provided 61 parking spaces-47 spaces are required. The applicant is requesting a planned development overlay to vary from the 10 foot landscaping setback requirement relative to parking/vehicle uses and adjacent properties. The applicant is providing 6.5 feet along the eastern property line and 4.5 feet along the northern property line. Building design/layout combined with the need for additional parking and improved traffic flow are the reasons stated by the applicant for the small encroachments to this requirement. A zone change from "PO" Professional Office District to "HC" Highway Commercial District for 14,000 square feet(.321 acres)along the northern portion of the subject property is required to provide the necessary space for the restaurant/retail structure and associated parking. PRESENT ZONING AND USE: The subject site is zoned both "PO" Professional Office District and "HC" Highway Commercial District and is vacant. HISTORY OF TRACT AND SURROUNDING AREA: The subject property was zoned both "R-2" Two Family District and "C-2" Community Business District prior to the 1984 City Rezoning. The properties to the east, west and south were zoned "C-2" Community Business District prior to the 1984 City Rezoning. The property to the north was zoned "R-2" Two Family District prior to the 1984 City Rezoning. The entire subject site was rezoned to "HC" Highway Commercial District during the 1984 City Rezoning. At Council's November 18, 2008 meeting a portion of the subject site to the north was rezoned from "HC" Highway Commercial District to "PO" Professional Office District for the future development of a two building office complex which never materialized. SURROUNDING ZONING AND EXISTING LAND USE: NORTH: "IIPO" Professional Office District—vacant property SOUTH: "HC" Highway Commercial District—multi-tenant building EAST: "HC" Highway Commercial District—Lou Hillman's real estate office building WEST: "HC" Highway Commercial District—Valley View Productions, graphic t-shirt business AIRPORT IMPACT: The subject tract is Ilocated within "Zone A" Zone of Minimal Effect as defined on the "Aircraft Sound Exposure: Dallas/Fort Worth Regional Airport Environs" Map. Few 0:1ZCU1Z12-03.4,CU12-15.4,P012-02.4 2 May 10,2012(9:20AM) 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. MASTER PLAN APPLICATION: The Master Plan designates the subject property as both a Low Intensity Commercial land use and a Commercial land use. The applicant's request is in compliance with the Master Plan. THOROUGHFARE PLAN APPLICATION: The Thoroughfare Plan designates East Northwest Highway as a Type "C" Minor Arterial with a minimum 80 foot right-of-way developed as four lanes with a center left turn lane. Starnes Street is not a designated thoroughfare as shown on the City's Thoroughfare Plan. Irs OAZCU212-03.4,GU12-15.4,PD12-02.4 3 May 10,2012(9:20AM) H1 2R E 2 A 3R N .� C 1 3 3 4 C2 I Ft 1 . . . . . . . ® . ® ® 2 2 ND 5 : : : 6: : . . : 8 1 1 k r : : : : ' 1 tu B B 4B in r ® ` 1 1 : ® E NORTHWEST HWY HC 'rR TR R Tj TR 41,11H3 R R TR 1 TR T 749H T 49J 4 m 49E 1 ,�CoAs 49 L G TR 49F 1 fl-7 A �- TR TR TR TR 39 1 TR T Ta 41 42 44A TR 0 Z12-03, CU12- 15, PD12-02 1 R,w 1 inch = 125 feet r �a�n3 MIUVVE- .J+ Y fr lid 11 a a A S e CITY OFGRAPEVINE ZONE CHANGE APPLICATION PART I.APPLICANT INFORMATION Applicant Name: iGordon Pulls Applicant Address: 116135 Preston Road,Suite 139 City/State/Zip Dallas,Texas 75248 r— r Phone No. 1972.991.3763 Fax No. 1972,991.8366 Email Address Mobile Phone Applicants interest in subject property erepresentative of buyer PART ® PROPERTY INFORMATION Street Address of subject property 206 N Starnesv Legal Description: Lot IN Block Addition°,JJ Hall's Addition Legal descrip6an of subject property(metes&bounds must be described on 8 1/2"x 11"sheet Size of subject property: acres. 23 square footage 114,000 sf Present zoning classification PO Professional Office District Requested zoning district lHC Highway Commercial District Present use of property vacant Proposed use of property Restaurant/retail .. The applicant understands the master plan designation and the most restrictive zone that would allow the proposed use is yes Minimum/Maximum District size for requested zoning FART 3. PROPERTY OWNER INFORMATION Property Owner George R. $nketz -- Prop Owner Address 819 Pioneer Circle East City/State/Zip ,Argyle, TX 76226 Phone No. 817 488-6207 Fax No. ZID-ate ❑ Af1 Zone Chap Requests are assumed to be completed when filed and will be placed on the agenda for public hearing at the descration of the staff. Based on the size of the agenda,your application maybe scheduled to a later date. * All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings will not be tabled. Ll Any changes to a concept plan approved with a zone change request can only be approved by city council through the public hearing process. G7 l have mad and understand all the requirements as set forth by the application for zone change request and acknowledge that all requirements of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE A ZONE CHANGE REQUEST AND PLACE A ZONE CHANGE REQUEST SIGN ON THE SUBJECT PROPERTY 'Gordon Pulis � i Print Applicant's Name Applicant's ignature The State of County of Before me (notary) A1t -P �✓ on this day personally appeared (applicant) �q �L / known to me(or proved to me on the oath of card or other document)to be the person whose name is+sulbs�cribbed to the L 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 of A.D. I ~~ 'ief Alison H Potter Notary Public,State of Texas '•} My Commission Expires; October 22,2012 Notary In and For State of George R. Kuketz X _... Print Property Owner's Name Property Ou+rners Signature The State of F -;cc County of F Before me(notary)! I ,tLe���-LAZ on this day personally appeared(applicant) �� known to me(or proved to rife 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 day ofi ,A.D. �p� I Notary In and For State of I �krlY 4 Mir L. WHELAN I Notery public,State of Texas m My Commission Expires t,wbruoty 25,2013 MAY 7 20 ACKNOKILED9-96W—AT 11 Zone Change Request are assumed to r, filed will be placed the agenda for public i t the discretion the the i of the agenda, your application scheduled may be later . 1 public hearings will be opened and testimony iv applicants interested ci ' ll hearings may be continued to the li Public will not be tabled Any changes to a concept plan approved with a zone t can only city council through the li c hearing process. 1 have read and understand all of the r` forth by the application request and acknowledge'that all i nt this lic ti submittal. Signature of Applicant Date Signature of Property Owner X Date /a E ;E_ ,,1AY 7 2012 a 1.40�BIM ­ j M9 o ICE CREAM AND DAIRY STOI 0 A Division o Braum's,Inc. April 18, 2012 City of Grapevine Development Services Planning division 200 S. Main St. Grapevine, Texas 76051 : Conditional use permit request for a proposed Braums at 301 & 307 E. NW Grapevine, TX. To Whom It May Concern: This letter is in regard to the proposed Braums mentioned above and the request for a drive-thru facility, which include a pickup window on the west side of the building and a order menu board on the northside of the building which is behind the building. The site frontage is not as much as we like, but it works. On the proposed site plan we have adequate parking and drive-ways. Please let me know if you have any questions. Sincerely, ordo f� l is Director of Real Estate G E P/gP rL N] rWd Dallas Office V 16135 Preston Rd., Suite 107 j Dallas, TX 75248 (972) 991.3763 FAX (972)991.9366 CLAIZ) - s Q 'VINE If y��e ft CITY OFGRAPEVINE CONDITIONAL USE APPLICATION Form "An PART 1.APPLICANT INFORMATION Applicant Name: IGordonPulls T� _ Applicant Address: x16135 Preston Road,Suite 139 City/State0p Dallas,Texas 75248 Phone No. 972.991.3763 Fax No. i972.9� 91.8365 Email Address Mobile Phone Applicant's interest in subject property representative of buyer PART 2. PROPERTY INFORMATION Street Address of subject property 301 E.Northwest Hwy Legal Description: Lot °5,6 Block Addition IStarnes Addition e Legal description of subject property{metes&bounds must be described on 8 112"x 11"sheet Size of subject property: acresi0.88 square footage 140,000sf Present zoning classification[HC Hi hwa Commercial District Proposed use of property iKestaurant/Retail Zoning ordinance provision requiring a conditional useHC PART 3. PROPERTY OWNER INFORMATION Property Owner 21st Century Leasing T& Management Services Inc. Bryan_ Walsh, President _ Prop Owner Address l 1307 8th Ave. , Suite B2 Ft. Worth, Tx.76104 CitylState/zip Ft. Worth, T%. 76104 Phone No. I Fax No. J Submit a latter describing the proposed conditional use and note the request on the site plan document 13 in the same letter,describe or show on the site plan,and conditional requirements or conditions imposed upon Me particular conditional use by applicable district regulations(example:buffer yards,distance between users) Q 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 properly in the neighborhood Also,describe how the proposed conditional use will add to the value, _ n.oyment of other property in the neighborhood 0 Application of site plan approval(Section 47,see attached Form B'- U The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. ���lll rl )U RUdYd n tl���� to- �b U AN 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 We of the agenda,your application maybe scheduled to a later date. 0 All public hearings will be opened and testimony given by applicants and interested cifizenry. Public hearings may be continued to the next public hearing. Public hearings wiN not be tabled. ❑ Any changes to a site plan(no matter horn minor or major)approved with a conditional use or conditional use permit can only be approved by city council through the public hearing process. Cl f 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 iGordon Pulls Print Applicant's Name Applicant's ignature Ths State of F71 NO/9 County of ~��� Before me (notary) I R t,�)Vl� �/ on this day personally appeared (applicant)I &-b ft!/n,t, 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[ day off ,A.D. Alison H Potter W Notary Pubic, State of Texas .�� MY Commission Expires: 't.. October 22,2012 Notary In and For State of 121st Century Leasing & Management gement s Rr ce" Inc.Print Property Y Owner a e ] ner's Signature The State of County of Y Before me (notary) V,,r,0,_QVrJ ��� on this day personally appeared(applicant) v.�oaSh -- h 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�� day of A,D. " DONMA PHETTEPUI Norunrieucsrl<iEar�xas ` P OF AMA Notary In and For State of L`a 1 ; t ,` A PIT All Conditional Use and Special Use Applications are assumed to be complete when filed and will be placed on the agenda for public hearing t the discretion of the staff. Based on the size of agenda, your application may be scheduled to a later date. !1 public hearings will be opened and testimony given by applicants and interested cidzenry. Public hearings maybe continued to the next public hearing. Public hearings ill not be tabled. Any changes to site plan (no matter how minor r jaor) approved with a conditional use or 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 the zoning ordinance shall have, from e date of submittal, a perlod of four months to request and be scheduled an before the Planning and Zoning Commission and City Council. If after said rio of four months an application has not been scheduled o the Commission n Council said application shall be considered ith n, with forfeiture all filing fees. The application, along with the required film be resubmitted any time thereafter for reconsideration. Delays in c a ulin applications before the Planning and Zoning Commission and City Council cmated by city staff shall not be considered a part of the four month period. 1 have read and understand all of ui et set forth by the application for can itional use or special use permit and acknowledge that all requiremeWs of this application have been met at the time of submittal. Signature of Applicant Date j Signature of Property Owner Date �f {I _B tl: III...; f r CtA P,-nu��"b� �yi OFGRAPEVINE CONDITIONAL USE APPLICATION x� 8 � d Farm "A" PART 1.APPLICANT INFORMATION Applicant Name: (Gordon Pulls Applicant Address: 16135 Preston Road,Suite 139 T— QWState/Zip Dallas,Texas 75248 _ Phone No, j'9 27 991.3763 Fax No. 972.991.8366 Email Address Mobile Phone Applicant's interest in subject property representative of buyer PART 2.PROPERTY INFORMATION Street Address of subject property 206 N. Starnes Legal Description: Lot N Block Addition IJJ Hall's Addition Legal description of subject property(metes&bounds must be described on 8 112"x'11"sheet Size of subject property: acres 0.32 square footage 14,000sf Present zoning classification HC Highway Commercial District Proposed use of property Restaurant/Retail Zoning ordinance provision requiring a conditional useFH� PART 3. PROPERTY OWNER INFORMATION Property Owner George R. Kuketz Prop Owner Address 5ig pioneer Circle East City/StatelZip Argyle, T%. 76226 Phone No. I 817 488-6207— Fax No. 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 oiherprapertyin the neighborhood. Also,describe how the proposed conditional use will add to the value,use or enjoyment of other in the neighborhood. w Application of site plan approval(Section 47,see attached Form S). U The site plan submission shall meet the requirements of Section 47, Site Plan Requirements. t I- MAY 7 202 �°'i C U I I -ID lU All conditional use and conditional use applications are assumed to be complete when filed and will be placed on the agenda far public hearing at the discretion of the staff. Based on the size of the agenda,your application may be scheduled to a later date. L7 All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe 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. Ll t have read and understand all the requirements as set forth by the application for conditional use or conditional use permit and acknowledge that ap 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 _ Gordon Pulls a Print Applicant's Name Applicant's Signature The State of County of Before me(notary)If�l� r / on this day personally appeared(appllcanf) �, 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 thisil day of] A.D. " Alison H Potter r+►4 ayo Notary Public, State of Texas •:;1 .� My Commission Expires: Pt e-or October 22,2012 F 1 W Notary In and For State of I/ George R. Ruketz Fy '—�^• ^� i Print Property Owner's Name Property Owner's ignature The State of County ofa-���] - Before me(notary)- ,� , on this day personally appeared(applicant) ull+rT 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 day of A.D, -9L0 1 a0' Notary In and For State of MU `" ICYL�� '�"° L. WHELAN r e° c Notary Public,State of Texas y Commission Expires Ptbrjary 16.2013 }I °o i ¢AAi° 'i Z01 Ga WA CU I ca— f�0 ACKNOWLEDGEMENT AM Conditional Use and Special Use Applications are assumed to le when riled and will be placed on the agenda for public hearing t the disc tin of the staff. Based on the size of the agenda, your application a scheduled to a later daft. All publichearings will be opened and testimony given by 11 and interested citizenry. Public hearings may be continued to the next public hearing. Public hearings ill not be tabled. Any changes to a site plan (no matter how minor or "or) approved with a conditional use or special use permit can only be approved cify 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 e scheduled on an agenda before the Planning and Zoning o i i ouncil. If after said eri of four months an application has not been scheduled before o i ion and Council said application shall be considered , with forfeiture of all filing fees. The application, along with the required filing fee may be resubmitted any time thereafter r reconsideration. Delays in scheduling applications before the Planning and onin Commission and City Council created by c" shall not be considered 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 a►1 requirements of this application have been met at the time of submittal. Signature of Applicant Date Signature of Property Owner 2( Date AA C U j� 3� PIBURN&. CARSON April 17, 2012 City of Grapevine Development Services Planning Division 200 S. Main Street Grapevine, Texas 76051 Re: Conditional Use request Proposed Braum's Ice Cream 301 E. Northwest Highway WO # 12036 To Whom It May Concern: We would like to request that the proposed Braum's located at the northeast corner of Starnes Street and East Northwest Highway(HC Zoning), be allowed to construct a drive-thru lane. We believe that this will increase the ease of accessibility for Braum's customers, making for an enjoyable experience and therefore increasing return customer rates and revenue generated. A bustling site, located on the corner, could also increase the visibility of adjacent property owners and the value of nearby lots not yet developed. This site,with three driveways and ample parking, should flow nicely from a traffic perspective with the addition of a drive-thru. We see no major negative conditions, for-the Braum's site or adjacent property owners, as a result of granting our conditional use request. Thank you for your careful consideration. Please, do not hesitate to contact me, should you have any questions or concerns. Sincerely, ,- Alison Potter Project Manager 9535 Forest Lane,Suite 229,Dallas,TX 75243 Ph:214-328-3500 Fax:214-328-3512 i111'�AR. d , 3, A PLANNED LI I PART 1.APPLICANT INFORMATION Applicant Name: !Gordon Pulls Applicant Address: 116135 Preston Road,Suite 139 CitylStatelZip Pallas,Texas 75748 Phone No. 1972.991.3763 Fax No. ,972.997,8366 r Email Address Mobile Phone Applicant's interest in subject property Irepresentative of owner INFORMATION PART 2. PROPERTY 2 Street Address of subject property � 06 N. Starnes r Legal Description: Lot I�_ Block Addition iJJ H� all's Addition Legal description of subject property(metes&bounds must be described on 8 1/2"x 11"sheet Size of subject property: acres 10.32 square footage 1 14,000sf Presentzoning classification1HC Highway Commercial District Proposed use of property Restaurant/retail Zoning ordinance provision requesting deviation from:'landscape buffer width along east and north portions of property PART 3, PROPERTY OWNER INFORMATION Property Owner 121st Century Leasing & Management Services, Inc. Prop Owner Address 1307 8th Ave. , Suite -B2 CitylState/Zip Ft. Worth, Tx. 76104 Phone No. Fax No. I • Submit a letter describing the proposed planned develappment use and mote the request on the site plan document • Describe any special requirements orconditions that require deviation of the zoning district regulations • In the same fetter,describe whether the proposed overlay will, or wiN not cause substantial harm to the value, use,or enjoyment of other property in the neighborhood. Also,describe how the proposed overlay use will add to the value,use or enjoyment of other property in the neighborhood ❑ The site plan submission shall meet the requirements of Section 47,Site Plan Requirements. L; • AY 7 2012 By- _ IC ) * AAplanned development overlay 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 maybe scheduled to a later date. * All public hearings will be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public heating. Public hearings will not be tabled. ❑ Any changes to a site plan(no matter how minor or major)approved with a planned devek pment overlay can only be approved by city council through the public hearing process. ❑ l have read and understand all the requirements as set forth by the application for planned development overlay and acknowwedge that all requirements of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A SIGN ON THE SUBJECT PROPERTY FGordon Pulls I -'• Print Applicant's Name Ap rcant's ignature The State of County of Before me(notary), 6 �j7O n this day personally appeared(applicant) �y �� IS C'' LING 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! �� day of A.D. +.r. Alison H Potter - ` Nowy Public, State of texas .' My Commission Expires: �w October 22,2012 Notary In and For State of � - 001, 121st .Century Leasing &- Management Print Property Owner's�amei Ces IAC. 1 ro pe ner' Signature The State of County of Before me (notary) on this day personally appeared (applicant) V�6r o4, �t7L�Si� 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[—i: day of — ,A.D. F��kZ DONNA PHETTEPLACE Q NOYARV PtlWJ W"ATE IRMWW. Al — at 04- Notary In and For State of F i, J AY 7 2012 ��� �4CKNOWLEDGE119ENT 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 intersected 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 N 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. 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. 1 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 �............. Date 3 Signature of Property Owner I"" Date �, ................ �! MAY 72012 11 CITY OFGRAPEVINE PLANNED DEVELOPMENT OVERLAY APPLICATION PART 1.APPLICANT INFORMATION Applicant Name: (Gordon Pulls Applicant Address: 16135 Preston Road,Suite 139 City/State/Zip Dallas,Texas 75248 Phone No. 1972.991.3763 Fax No. 1972.991,5366 Email Address Mobile Phone F_� Vr -- — -- I Applicant's interest in subject property!representative of owner PART 2.PROPERTY INFORMATION I Street Address of subject property 1206 N. Starnes Legal Description: Lot F_ Block F Addition I J Hall's Addition Legal description of subject property(metes& bounds must be described on 8 112"x 11"sheet r Size of subject property: acres 10.32 square footage 114,000sf Present zoning classification JHC Highway Commercial District Proposed use of property fRestaurant/retail Zoning ordinance provision requesting deviation from,ilandscape buffer width along east and north portions of property PART 3. PROPERTY OWNER INFORMATION Property Owner George R.. ilCuketz Prop Owner Address 8i9 pioneer Circle East r! City/State/Zip J Argyle, TX. 76226 Phone No. �8I7 488-6207 a Fax N°• F _r.. • Submit a letter describing the proposed planned development use and note the request on the site plan document i'1, Describe any special requirements or conditions that require deviation of the zoning district regulations • in the same letter,describe whether the proposed overlay will,or will not cause substantial harm to the value,use,or enjoyment of other property in The neighborhood. Also,describe how the proposed overlay use wilt add to the value,use or enjoyment of other property in the neighborhood. • The site plan submission shell meet the requirements of Section 47,Site Plan Requirements. MAY 7 Z01 ( �If U All planned development overlay applications are assumed to be complete when frted and MY be placed on the agenda for public hearing at the discnelion of the staff Based on the size of the agenda,your application may be scheduled to a later data. ❑ Ad public hearings wilt be opened and testimony given by applicants and interested citizenry. Public hearings maybe continued to the next public hearing. Public hearings wilt not be tabled. Q Any changes to a site plan(no matter how minoror major)approved with a planned development overlay can only be approved by city council through the public hearing process. El !have read and understand all the requirements as set forth by the application for planned development overlay and acknowledge that all requirements of this application have been met at the time of submittal. PART 4.SIGNATURE TO AUTHORIZE PLANNED DEVELOPMENT OVERLAY REQUEST AND PLACE A SIGN ON THE SUBJECT PROPERTY -- rdon Pulls Print Applicant's Name A rcant's ignature The State of County of Before me(notary) on this day personally appeared(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 some for the purposes and consideration therein expressed. (Seal) Given under my hand and seal of office this day ofd (�,f�y ,A.D. N. i� 00 Alison H Potter f �s Notary Public,State of Texas I .N & My Commission Expires: October 22,2012 Notary In and For State of George R. Kuketz Print Property Owner's Name Property rwi nature The State of County of r E — - Before me(notary)I on this day personally appeared (applicant) - R. 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 seat of office this day of A.D. Notary In and For State of Y�f 0LE L. WHELAN Notary F btic,State of Texas its , r My Commissior+E9cplres Febtuoty 25.2013 U, ly i ` z ACK ®Vrt _ +r tl Conditional Use and Special Use Applications are assumed be complete when flied 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. Il 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 ( o matter how minor or ajr) approved with conditional use or a special use permit can only a approved y city council through e public hearing process. Any application for a change in zoning or for an amendment to the zoning inane shall have, from the date of submittal, a period of four months to request and be scheduled on 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 riling . The application, al it the required filing fee may be resubmitted any time 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 pant 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 Im .. 0 DateW Signature of Property Owner r Date t f° _j t. I a` . A,1A � I � -0a PIBURN&. CARSON April 17, 2012 City of Grapevine Development Services Planning Division 200 S. Main Street ............_.. Grapevine, Texas 7605 Re: Planned Development Overlay request Proposed Braum's Ice Cream 301 E. Northwest Highway WO# 12036 To Whom It May Concern: In the HC zoning district there is a 10' landscape buffer requirement for the property lines adjacent to existing lots (north & east). We would like to respectfully request that the proposed Braum's located at the northeast corner of Starnes Street and East Northwest Highway, be allowed to modify the required 10'landscape buffer along a portion of the east property line to 6.5'and the required 10' landscape buffer along the entire north property line to 4.5'. This would allow Braum's to implement their existing Site Concept, which has proved successful and enjoyable for Braum's, adjacent property owners and customers in the past. Braum's hopes to create a dynamic site, located on the corner,which could increase the visibility of adjacent property owners and the value of nearby lots not yet developed. The current Site Concept creates plenty of parking as well as a nice traffic flow,while substantially conforming to the City of Grapevine standards. It is the intent of the owner to have a successful location that positively impacts the City, neighbors and the local customers. Thank you for your careful consideration. Please,do not hesitate to contact me,should you have any questions or concerns. Sincerely, Alison Potter Project Manager 9535 Forest Lane,Suite 229,Dallas,TX 75243 Ph:214-328-3500 Fax:214-328-3512 AIA �ay�a PIBURN&. CARSON APR 18 2 City of Grapevine Development Services Planning Division 200 S. Main Street Grapevine, Texas 76051 Re: proposed Braum's Ice Cream 301 E. Northwest Highway WO # 12036 CASE NAME: Braum's Ice Cream CASE ADDRESS: 301 E. Northwest Highway CURRENT/PROPOSED LEGAL DESCRIPTION: Lots 5,6,7,9 Starnes Addtion & Lot N JJ Hall Addition/ Lot 1 Braum's Addition SECTION REGULATION PROPOSED EXPLANANTION DEVIATION HC Zoning 10'landscape buffer We are trying to meet as along east and 10' and 6.5' much of the landscape north property lines landscape buffer buffer requirement as we along the east can without drastically property line and a modifying Braum's 4.5' landscape existing Site Concept, buffer along the which has been north property line successful and enjoyable for Braum's, adjacent property owners and customers. P 9535 Forest Lane,Suite 229,Dallas,TX 75243 Ph:214-32 8-3500 Fax:214-328-3512 120" -� 120" ,V 24" 'gym ORDINANCE NO. ml u, AN ORDINANCE AMENDING 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 OF GRAPEVINE, TEXAS, GRANTING ZONING CHANGE Z12-03 ON ATRACT OF LAND OUT OF THE A. F. LEONARD SURVEY, ABSTRACT NO. 946, DESCRIBED AS BEING A TRACT OF LAND LYING AND BEING SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS MORE FULLY AND COMPLETELY DESCRIBED IN THE BODY OF THIS ORDINANCE; ORDERING A CHANGE IN THE USE OF SAID PROPERTY FROM "PO" PROFESSIONAL OFFICE DISTRICT REGULATIONS TO "HC" HIGHWAY COMMERCIAL DISTRICT; 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 A ZONING CHANGE AND AMENDMENT THEREIN MADE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE, AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, applications were made to amend the Official Zoning Map, City of Grapevine, Texas by making applications for same with the Planning & Zoning Commission of the City of Grapevine, Texas as required by State statutes and the zoning ordinances of the City of Grapevine, Texas and all the legal requirements, conditions and 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 these requested changes should be granted or denied; safety of the motoring public and the pedestrians using the facilities in the area immediately surrounding the site; safety from fire hazards and measures for fire control, protection of adjacent property from flood or water damages, noise producing elements and glare 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 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 change should be granted or denied; effect on the congestion of the streets, the fire hazards, panics and other dangers possibly present in the securing of safety from same, the effect on the promotion of health and the general welfare, the 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, the City Council further considered among other things the character of the district and its peculiar suitability for particular uses and with the view to conserve the value of buildings, encourage the most appropriate Use of land throughout this city; and WHEREAS, the City Council of the City of Grapevine, Texas does find that there is a public necessity for the zoning change, 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 does find that the change in zoning lessens the congestion in the streets, helps secure safety from fire, panic and other dangers; promotes health and the general welfare; provides adequate light and air; prevents the 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 change in zoning and has also found and determined that there has been a change in the conditions of the property surrounding and in close proximity to the property requested for a change since this property was originally classified; and, therefore,feels that a change in zoning classification forthe 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine Ordinance No. 82-73, being the Comprehensive Zoning Ordinance of the City of Grapevine,Texas same being also known as Appendix "D" of the City Code of Grapevine, Texas, be, and the same is hereby ORD. NO. 2 amended and changed by Zoning Application Z12-03 to rezone the following described property to-wit: being a 0.32 acre tract of land out of the A. F. Leonard Survey, Abstract No. 946, Tarrant County, Texas (206 North Starnes Street) more fully and completely described in Exhibit "A", attached hereto and made a part hereof, which was previously zoned "PO" Professional Office District Regulations is hereby changed to "HC" Highway Commercial District, all in accordance with Comprehensive Zoning Ordinance No. 82-73, as amended. Section 2. That the City Manager is hereby directed to correct the official zoning map of the City of Grapevine, Texas to reflect the herein change in zoning. Section 3. That in all other respects, the use of the tract or tracts of land herein above described shall be subject to all the applicable regulations contained in said City of Grapevine zoning ordinances 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 safety 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 forthe 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 are in direct conflict with the provisions of this ordinance. Section 6. That the terms and provisions of this ordinance shall be deemed to be severable and that if the validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person 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. ORD. NO. 3 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 May, 2012. APPROVED: ATTEST;. APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. 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 CU12-15 FOR A RESTAURANT WITH DRIVE THROUGH SERVICE IN A DISTRICT ZONED"HC"HIGHWAY COMMERCIAL DISTRICT 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 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 otherthings the characterof 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. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: ORD. NO. 2 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 CU12-15 to allow for a restaurant with drive through service (Braum's) in a district zoned "HC" Highway Commercial District within the following described property: Lot 1, Block 1, Braum's Addition (301 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 "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 e validity of the zoning affecting any portion of the tract or tracts of land described herein shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance of the tract or tracts of land described herein. Section 7. That any person 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 ORD. NO. 3 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 May, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4 ORDINANCE NO. AN ORDINANCE ISSUING A PLANNED DEVELOPMENT OVERLAY IN ACCORDANCE WITH SECTION 41 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 PLANNED DEVELOPMENT OVERLAY PD12-02 TO INCLUDE BUT NOT BE LIMITED TO DEVIATION FROM THE LANDSCAPE SETBACK REQUIREMENT IN THE "HC" HIGHWAY COMMERCIAL DISTRICT 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 PLANNED DEVELOPMENT OVERLAY 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 planned development overlay 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 planned development overlay 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 bythe City Council of the City of Grapevine,Texas,did considerthe following factors in making a determination as to whether this requested planned development overlay 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 41 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 otherthings the characterof 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 planned development overlay, 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 planned development overlay 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 planned development overlay 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 planned development overlay 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 planned development overlay in accordance with Section 41 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 Planned Development Overlay PD12-02 to include but not be limited to deviation from the landscape setback requirement within the following described property: Lot 1, Block 1, Braum's Addition (301 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 "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 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. ORD. NO. 3 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 May, 2012. APPROVED: ATTEST: APPROVED AS TO FORM: ORD. NO. 4